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2017-04-18 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA April 18, 2017 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of March 28, 2017 City Council Minutes b. Approve Temporary 3.2 Malt Liquor License for Mendota Elementary PTA for Apr 22, 2017 c. Approve Temporary Liquor License for St. Thomas Academy for April 29, 2017 d. Approve Resolution 2017-30 Accept Bids-Award Contract for 2017 Sanitary Sewer Cleaning and Televising Project e. Approve 2017 Workers Compensation Insurance Renewal f. Approve Resolution 2017-29 Designating ICMA-RC Plan Coordinator g. Approve Joint Powers Agreement (JPA) With Dakota County for Pictometry h. Approve Mold Remediation Contractor i. Acknowledge March 2017 Fire Synopsis j. Approval of Claims List 6. Public Comments 7. Presentations a. Recognition of Garold “Jerry” Murphy Community Service Award Recipient 8. Public Hearing - none 9. New and Unfinished Business a. Presentation by Rogers Avenue Residents re: Senior Residential Care Facility b. Authorized The Village Lots Purchase and Sales Agreement c. City Hall Solar Panel Locations d. Set Date/Time for Joint City Council / Parks & Rec Commission Meeting 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 28, 2017 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 Garlock called the meeting to order at 7:00 p.m. Councilmembers Miller, Petschel, and Paper were also present. Councilmember Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock added item 7a. Pilot Knob Historic Site Designation to the agenda. Councilmember Miller moved adoption of the agenda as amended. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of March 21, 2017 City Council Minutes b. Approval of March 21, 2017 Council Workshop Minutes c. Approval of Wine and 3.2% Malt Liquor License Transfer – King and I Thai Corporation d. Approve JPA with Dakota County for the Wetland Health Evaluation Program e. Approve Out of Metro Area Travel Request for Conference f. Approval of Claims List Councilmember Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) page 3 PUBLIC COMMENTS Ms. Mary Ann Bailey, 2132 Theresa Street, noted that she has lived in Mendota Heights for 37 years. She stated concerned about recent embarrassing news stories about the City’s police department. She felt that those stories were having a negative affect on the City’s reputation. She said that the new police chief deserves full support, and not interference in the execution of her duties. She respectfully requested that the Councilmembers remember that they were elected to serve the citizens of Mendota Heights. PRESENTATIONS A) PILOT KNOB HISTORIC SITE PLACED ON NATIONAL REGISTER OF HISTORIC PLACES Ms. Gail Lewellan, 656 Sibley Memorial Highway, is the co-chair of the Pilot Knob Preservation Association. She announced that the Pilot Knob Natural Area has been added to the National Register of Historic Places due to its long-standing historical and sacred significance. This listing was based on an application that was submitted by the Pilot Knob Preservation Association. There are 112 acres of the hill that are listed in the nomination, including all of Acacia Park Cemetery, approximately 35 acres owned by the City of Mendota Heights, and additional private land. All of the landowners had been notified of the proposed listing and none filed objections during the public comment period. Ms. Lewellan then shared an image of a painting done by Seth Eastman, an officer in the army stationed at Fort Snelling in the mid 18th century, who thought this was an important site. Ms. Lewellan shared other historical information on the Pilot Knob Natural Area, which were significant details in the awarding of this area being added to the National Register of Historic Places. She read a brief statement from Ms. Darlene St. Clair, an associate professor at St. Cloud State University and a member of the Lower Sioux Indian Community. She said that the Pilot Knob Preservation Association will be updating the pocket guide that is available. Ms. Lewellan expressed appreciation to everyone, including the City of Mendota Heights, for their support and recognition of this gem. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) MENDOTA PLAZA ACCESS ROADS IDENTIFIED AS PRIVATE ROADS Public Works Director Ryan Ruzek explained that the businesses located in the Mendota Plaza site, at Dodd Road and Highway 110, have mailing addresses based on State Highway 110. Currently, page 4 construction is taking place for an apartment building at this site, which would also have an address based on Highway 110. In working with the developers of the apartment complex, a request has been made that that building’s address not based on a state highway. Staff suggests that the local access roads running through the Mendota Plaza Development be named as private streets. Those buildings would then be allowed to have an address that would be off of the private street. Paster Properties has proposed to name the main north/south road as South Plaza Way, and the east/west access road as North Plaza Drive. These are based on an existing public street called South Plaza Drive, which is just south of the development property. One concern raised by staff about this proposal is the similarity between South Plaza Drive and South Plaza Way. Councilmember Petschel asked about the status of changing the name of Highway 110 to Highway 62, which was being considered by the State of Minnesota. Mr. Ruzek replied that MNDOT has contacted the City with the suggestion that they would like to change Highway 110 to Highway 62 designation. So as to ease some confusion around the airport. Councilmember Petschel moved to approve the designation of the street names as North Plaza Drive, and South Plaza Way for the new internal streets within Mendota Plaza. Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) B) APPROVE PLANS AND AUTHORIZE AN AD FOR BIDS FOR THE MENDOTA HEIGHTS ROAD STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the construction plans are complete for the Mendota Heights Road street improvements project. He explained the scope of the plan, which includes the rehabilitation of Mendota Heights Road from Lexington Avenue to Dodd Road (Highway 149), Condon Court, Bedford Court, Claremont Drive (reconstruction), Concord Way, Lockwood Drive, Stockbridge Road, and Whitfield Drive. This project also includes an extension of a sanitary sewer from Lake Drive to Condon Court. Near Lexington and Mendota Heights Road, a trail would be extended in front of the RJ Ryan property, allowing for a perpendicular crosswalk at the Lexington and Mendota Heights Road intersection. Restriping configurations would also occur creating a right turn lane onto northbound Lexington Avenue. Mr. Ruzek further explained that the proposed improvements project included the reclamation of existing bituminous roadways in some areas, depth of bituminous base courses and bituminous wear courses, curb and gutter repairs, catch basin repairs, sanitary sewer extensions, trail improvements, and pedestrian curb ramps – for each section of the project. The total estimated cost of the project is $2,533,877. Funding sources include $1,075,185 from assessments; $1,048,342 from municipal bonds; $300,000 from MSA funds; and $110,250 from utility funds. page 5 Mr. Ruzek explained that Henry Sibley High School was assessed for the 2016 project. This year, staff has provided estimates of how St. Thomas Academy and Visitation High School would be assessed if they were assessed the same way as was Henry Sibley High School. Mr. Ruzek noted that no formal action needs to be taken on any of the assessments amounts now; however, staff requested direction from the Council regarding the assessment methods for the schools located on Mendota Heights Road. Councilmember Paper asked if staff would be tying completion dates for the project into the contract. Mr. Ruzek replied in the affirmative, although the specifications are not complete. While exact dates have not been determined, Mr. Ruzek has worked with Park and Recreation Coordinator Sloan Wallgren regarding the dates of the summer soccer league. Staff will try to have the base course installed prior to the start of the summer soccer leagues. The final lift would not be installed until the completion of the soccer season. Councilmember Miller asked if there were any concerns with waiting to put the final lift on from a weather standpoint. Mr. Ruzek replied that they do not anticipate any issues. Councilmember Petschel asked if staff was looking for direction in terms of uniformity of assessing procedures. Mr. Ruzek replied that the assessment policy has been brought up on previous projects. Councilmember Petschel felt that each assessee should be treated the same – if the City assesses one school zoned residential one way, then the other schools that are also zoned residential should also be assessed in that same way. Councilmember Petschel also noted that new signage and/or parking restrictions should be considered to help the residents in this area during the soccer season. City Attorney Tom Lehmann stated that this action requires a four-fifths vote, rather than the simple majority vote as indicated in the staff report. Councilmember Paper moved to adopt RESOLUTION 2016-28 APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MENDOTA HEIGHTS ROAD & KENSINGTON STREET IMPROVEMENTS (PROJECT #201409 & 201616). Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Councilmember Petschel noted that she would like to see the City have a policy on roads being turned back to the City. She stated that what often happens is that when the development is newly completed, the streets are private. However, after the streets deteriorates to a certain point, the residents then request the City to take the streets back as public. She would like to have a policy regarding that situation. She suggested that this be put on the work plan for this year. COUNCIL COMMENTS Councilmember Paper congratulated the Pilot Knob Preservation Association on the new historic designation. page 6 Councilmember Miller publicly thanked the people who have sent him emails over the past week and he encouraged them to continue. He appreciates hearing the residents’ comments and opinions on issues about which the Council talks. Mayor Garlock thanked Ms. Lewellan for her hard work. He encouraged residents to visit the Pilot Knob historical site. Councilmember Petschel noted the number of school children who visit the Pilot Knob site. She expressed her appreciation, along with Councilmember Duggan’s, for all of the hard work that went into the designation of this as a national historical site. Councilmember Petschel complimented the Police Department on their Facebook page. She stated she has received much positive feedback. ADJOURN Councilmember Paper moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 7:41 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 7 DATE: April 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of Temporary On-Sale Liquor Licenses INTRODUCTION The Council is asked to approve a Temporary 3.2% Malt Liquor License for the Mendota Heights Elementary School PTA for a fundraising event to be held on April 22, 2017. BACKGROUND Pursuant to Mendota Heights City Code and MN State Statutes, no person shall sell or give away intoxicating liquor or 3.2 percent malt liquor without first having received a license. Temporary liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of 3.2% malt liquor. Mendota Elementary School PTA, 1979 Summit Lane, is planning to hold an adult only dodgeball tournament as a fundraiser for the PTA to help fund school programs. No students or children will be present at the event. The event will take place from 6:30 pm to 9:00 pm on Saturday, April 22, 2017, at the Mendota Elementary School gymnasium. They have requested a Temporary 3.2% Malt Liquor license to allow for the consumption of 3.2% Malt Liquor at the event. They expect approximately 65 people to attend. The PTA has submitted an application, paid the fee, and submitted a certificate of insurance for liquor liability. It should be noted that Temporary Liquor licenses have been issued in the past to charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a Temporary 3.2% Malt Liquor license for Mendota Elementary School PTA for Saturday, April 22, 2017. page 8 DATE: April 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License for St. Thomas Academy INTRODUCTION The Council is asked to approve a Temporary On-Sale Liquor License for St. Thomas Academy for a fund-raising event to be held on April 29, 2017. DISCUSSION Pursuant to State Statutes and our City Code, no person shall sell or give away liquor without first having received a license. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. St. Thomas Academy, located at 949 Mendota Heights Road, is planning to hold their annual Community Auction Gala at St. Thomas Academy on April 28 and 29, 2017. They have requested a Temporary On-Sale Liquor License to allow for the sale of alcoholic beverages on April 29th only. St. Thomas Academy has submitted a complete application and a certificate of insurance for showing liquor liability for the event. They will have security on duty while liquor is being served. It should be noted that Temporary On-Sale Liquor licenses have been issued in the past to St. Thomas Academy and other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve the Temporary On-Sale Liquor License. ACTION REQUIRED If the City Council concurs, it should approve a Temporary On-Sale Liquor License for St. Thomas Academy for April 29, 2017 subject to approval of the Director of Alcohol and Gambling Enforcement. page 9 REQUEST FOR COUNCIL ACTION DATE: April 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Accept Bids and Award Contract for the 2017 Sanitary Sewer Cleaning and Televising Project (City Project #201704) COMMENT: INTRODUCTION The Council is asked to accept bids and award contract for the 2017 Sanitary Sewer Cleaning and Televising Project. BACKGROUND Our sanitary sewer system is aging. Many of our pipes are 60 years old and will soon be in need of repair. Cleaning our sewer system on a regular cycle will help extend the life of the pipes. Televising of the system will show where immediate repairs are needed. Lining pipes in need of repair with cured-in-place-pipe will extend the life of our system. DISCUSSION The City of Mendota Heights maintains 74 miles of sanitary sewer pipe. Currently Public Works employee Rich Burrows and one seasonal employee clean approximately 10 miles of pipe per year. The proposed project is for the cleaning of approximately 8.2 miles of the City’s sanitary sewer system and televising approximately 19.2 miles of the City’s sanitary sewer system. At our current rate, we are cleaning the system every 6 years. This year’s project is the largest area and includes the entire north end of the city. BUDGET IMPACT Five proposals (see attached resolution) were received and opened on Wednesday, April 12, 2017 for the Sanitary Sewer Televising and Cleaning Project. Pipe Services Corporation submitted the low bid of $64,630.20. Their bid was lower than the Engineer’s Estimate of $86,639.05. RECOMMENDATION Staff recommends that the council accept the bids and award the contract to Pipe Services Corporation for their bid in the amount of $64,630.20. ACTION REQUIRED If City Council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2017 SANITARY SEWER CLEANING AND TELEVISING (PROJECT #201704). This action requires a simple majority vote. page 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-30 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2017 SANITARY SEWER CLEANING AND TELEVISING PROJECT WHEREAS, pursuant to an advertisement for bids for the proposed cleaning and televising of sanitary sewers to serve the area referred to as 2017 Sanitary Sewer Televising and Cleaning Project (City Project No. 201704), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Pipe Services Corporation $64,630.20 Hydro Klean, LLC $125,431.34 Diversified Infrastructure Services $195,111.30 Michels Corporation $197,372.20 American Environmental. LLC $242,615.25 and WHEREAS, the Public Works Director recommended that the low bid submitted by Pipe Services Corporation of Shakopee, 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 bid of Pipe Services Corporation of Shakopee, Minnesota, submitted for the cleaning and televising of the above described project be and the same is hereby accepted. 3. That the contract be awarded to Pipe Services Corporation of Shakopee, 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 eighteenth day of April, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 11 page 12 page 13 page 14 page 15 page 16 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Retirement Account Plan Coordinator Change COMMENT: INTRODUCTION The Council is asked to approve a change in the staff who is responsible for coordinating one of the City’s retirement plans for City employees. This is a housekeeping item. BACKGROUND The City provides a three alternatives for those employees who want to participate in a 457 Plan (which is similar to a 401K for private sector employees.) One of the plans is that of the ICMA Retirement Corporation. One of the requirements is that the employee position which is responsible for coordinating the contacts between the City and ICMA-RC be formally designated by the City Council as the governing body. Previously, the responsible position was that of the Assistant to the City Administrator/Human Resources Coordinator. When reorganization of City staff took place last year, the Assistant City Adm inistrator position was created. As such, the City’s contact for the ICMA-RC Plan should be formally changed. RECOMMENDATION In order to make the change, the City’s ICMA-RC contact should be changed to be the positon of Assistant City Administrator. That should be done by the adoption of a resolution. ACTION REQUIRED If the Council concurs, it should, by motion, adopt the following resolution, 2017-29: A Resolution Designating the Assistant City Administrator Position to be ICMA-RC Plan Coordinator for the City of Mendota Heights page 17 RESOLUTION 2017-29 A Resolution Designating the Assistant City Administrator Position to be ICMA-RC Plan Coordinator for the City of Mendota Heights Whereas, the City of Mendota Heights provides options for its employees to participate in retirement savings plans, so as to help provide for retirements for its employees which are financially stable and secure; and, Whereas, the ICMA Retirement Corporation is one of said options for City employees; and Whereas, the ICMA Retirement Corporation requires that an employee position be formally designated by the City’s governing body to act as the Retirement Plan (The “Plan”) Coordinator to receive reports, notices, and similar correspondence from ICMA Retirement Corporation or its namesake VantageTrust on behalf of the City as the Employer, and to cast any required votes on behalf of the Employer relating to VantageTrust or the Plan, and further to have delegated any administrative duties relating to the Plan to the appropriate departments. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS that the position of Assistant City Administrator is hereby authorized to act as the Plan Coordinator for ICMA-RC on behalf of the City. BE IT FURTHER RESOLVED that the Assistant City Administrator positon is hereby authorized to execute all necessary agreements with ICMA retirement Corporation which are incidental to the administrator of the Plan. Adopted by the City Council of the City of Mendota Heights this 18th day of April, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 18 REQUEST FOR COUNCIL ACTION DATE: April 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Joint Powers Agreement (JPA) With Dakota County for Pictometry COMMENT: INTRODUCTION The Council is asked to approve a JPA with Dakota County for collection of Pictometry aerial photographs. BACKGROUND Pictometry (aerial photography) is a critical tool used by the Engineering and Public Works Departments and is incorporated in our city-wide Geographic Information System (GIS). Dakota County has offered to spearhead a county wide aerial photography initiative that will photograph most of the County, including the City of Mendota Heights. DISCUSSION The attached JPA outlines the cost share proposal to be divided between the County and the participating cities. The County is paying 68% of the contract costs, and the cities are being asked to contribute 32% of the cost. The 32% city share is pro-rated among the cities based on acres photographed. This JPA is consistent with the 2005, 2006, 2008, 2010, 2011, and 2013 JPA. BUDGET IMPACT If approved, Mendota Heights would contribute $735 in 2017 and $735 in 2018 towards the $124,087 contract to complete the Pictometry. If Mendota Heights were to complete this task on its own, it would cost the City approximately $11,000. RECOMMENDATION Staff recommends that the council approve the JPA with Dakota County for Pictometry. The $735 identified in the JPA would be paid out of the Engineering Fund. ACTION REQUIRED If city council wishes to implement the staff recommendation, pass a motion approving the JOINT POWERS COST SHARE AGREEMENT FOR PICTOETRY INTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS. This action requires a simple majority vote. page 19 page 20 page 21 page 22 page 23 page 24 page 25 page 26 page 27 page 28 page 29 page 30 page 31 page 32 page 33 page 34 page 35 page 36 page 37 page 38 page 39 page 40 page 41 page 42 page 43 page 44 page 45 page 46 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Mold Remediation Contractor Approval COMMENT: INTRODUCTION The City Council is asked to approve the proposal of ShelterTech to provide mold remediation and removal services in the lower level of City Hall. BACKGROUND For many years, the City has been dealing with the effects of mold on the south wall of the lower level of the City Hall building. The men’s locker room was remediated last year, after temporary locker facilities were established elsewhere in the building. The source of the water was addressed with a reconstruction of the drainage system last October and November. Finally, in February of this year, an architect was hired to design a remodeling of the affected rooms. Prior to this being able to start the remodeling, the walls which have encapsulated the mold will have to be removed, and the foundation’s concrete block walls will need to be cleaned and sanitized. Two quotes were taken to do this work. The lower quote received was that of ShelterTech, which is a company that the City has used previously. The base quote to do the work is $6820. There will also be a mobilization cost of $280 each time that there is a need to stop work, and return. This is because of the need to continue to operate the Police Department while the remodeling/remediation work is underway, and there is a need to shift work spaces around. While the architect will have the final recommendation as to the number of phases, we currently anticipate three phases, or $840 additional. Separate from this proposal is some electrical and HVAC preparation work being done by separate contractors, which will be in the $600 range. page 47 If approved, ShelterTech would be ready to begin by the end of April. The initial work will be outside of the police work area—the elections storage room, and a restroom/shower area. BUDGET IMPACT The total cost is anticipated to be $7660. As with all of the costs of the lower level remodeling, funding is recommended to come from the Water Tower Reserve fund. RECOMMENDATION If the Council concurs, it should, by motion, approve the proposal of ShelterTech to do wall demolition and mold remediation work in the lower level of City Hall, for an estimate $7660. ____________________ Mark McNeill City Administrator page 48 Request for City Council Action MEETING DATE: April 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: March 2017 Fire Synopsis COMMENT: Fire Calls For the month of March, the Fire Department responded to a total of 18 calls. Seven of the calls this month were categorized as either good intent or false alarms. Three calls were for utility checks and another three calls were calls for EMS (medical) calls. We also responded to one CO call at a residence. The remaining four calls were vehicular in nature including an overturned semi leaking a brine solution, an accident with injuries, and two overheats that were mistaken for car fires. Eighteen of our calls were in Mendota Heights and three were located in Lilydale. Monthly Department Training March’s Department drill had firefighters working with different fire scenarios and selecting the appropriate hose size and type for the situation encountered. Three stations were set up and all scenarios started with firefighters in the truck and were completed once the hoses were laid out and charged with water. Monthly Squad Training This month’s squad drill had firefighters working on “Single Engine Operations”. These drills are based on the first engine having to do all elements to handle the starting phase of a fire scene with minimal personnel. In addition, it continued to reinforce the topic from last month of deploying fire hose efficiently and quickly. page 49 MENDOTA HEIGHTS FIRE DEPARTMENT MARCH 2017 MONTHLY REPORT FIRE CALLS NO. 17043 -17060 NUMBER OF CALLS:18 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas $0 Vehicle - MH $2,000 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 1 $0 $0 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks 1 Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$0 $2,000 Chemical Power Line Down 1 MEND. HTS. ONLY STRUCT/CONTENTS $0 FALSE ALARM Residential Malfunction 1 MEND. HTS. ONLY MISCELLANEOUS $2,000 Commercial Malfunction 1 Unintentional - Commercial 1 MEND. HTS. TOTAL LOSS TO DATE $2,000 Unintentional - Residential Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare 1 AGENCY THIS MONTH TO DATE Steam Mistaken for Smoke Other 11 MN/DOT $0 MUTUAL AID MILW. RR $0 CNR RR $0 TOTAL CALLS 18 OTHERS: $0 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$0 $0 MENDOTA HEIGHTS 15 47 33 MENDOTA 0 2 3 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 0 3 3 LILYDALE 3 6 4 INSPECTIONS OTHER 0 2 3 INVESTIGATIONS TOTAL 18 60 46 RE-INSPECTION WORK PERFORMED HOURS TO DATE LAST YEAR MEETINGS FIRE CALLS 262 787 678 MEETINGS 51 131.5 96 ADMINISTRATION DRILLS 172 502.5 503.5 WEEKLY CLEAN-UP 34 101.5 120.5 SPECIAL PROJECTS SPECIAL ACTIVITY 99.5 526 567.25 ADMINISTATIVE 0 0 TOTAL 0 FIRE MARSHAL 109.5 139 TOTALS 618.5 2158 2104.25 REMARKS:SEE OTHER SIDE FOR SYNOPSIS page 50 page 51 page 52 page 53 page 54 page 55 page 56 page 57 page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Presentation of Jerry Murphy Community Service Award COMMENT: INTRODUCTION The first annual Jerry Murphy Community Service Award will be presented at the April 18th City Council meeting. BACKGROUND The purpose of this award is to recognize the individual who has been selected by the Award Committee as being an outstanding volunteer in the Mendota Heights community, in the spirit of the contributions of long-time Police Reservist and volunteer Garold “Jerry” Murphy. Jerry served on the Police Department for more than 48 years, as a member of the Civil Defense team, a reserve officer, and then as a licensed part-time Police Officer. Over the years Jerry rose to the rank of Captain of the Police Reserves program, and served as its coordinator. He was instrumental in forming that group into what it is today—he set the rules and guidelines, and shared his wisdom and expertise about what it took to be an outstanding volunteer in the community. Following his death on November 2, 2015, the City Council, working with the then-police and fire chiefs, determined that an annual award should be established to commemorate the community service work that Jerry did, by recognizing an outstanding volunteer in the Mendota Heights community. A selection committee made up of elected officials, staff, and members of the community solicited nominations. Several very worthwhile nominations were received. The Committee selected the winner of this first award to be Ted Kronschnabel. Among other things, Ted has been active in youth athletics with MHAA soccer and baseball, and the Sibley Area Hockey Association. He is a regular volunteer in the local schools, and has been active in the PTA program in the Mendota Heights area. page 67 A reception for Mr. Kronschnabel will be held at City Hall, beginning at 6 PM on the evening of the City Council meeting. RECOMMENDATION The Council should recognize Mr. Ted Kronschnabel as the winner of the first annual Garold “Jerry” Murphy Community Service Award. _______________________ Mark McNeill City Administrator page 68 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Senior Residential Care Facility COMMENT: INTRODUCTION At the April 18th meeting of the City Council, there will be a presentation from a group of neighbors concerning the proposed construction of a senior residential care facility located at the intersection of Rogers Avenue and Lake Drive. BACKGROUND A building permit application has been received at City Hall for the construction of a house that would provide for the care of up to six older adults. The plan is to demolish an existing fire- damaged house, and build the new structure in its place. The tenants are likely to be primarily frail elderly individuals who are in need of specialized care for age-related issues. The developer is Heart to Home, which is based in Mendota Heights. Heart to Home currently operates three similar homes in Mendota Heights. This proposed site on Rogers Avenue is zoned R-1 (single family residential). As such, the proposed use is permitted as defined by State law. The applicable section of law is MSA 462.357 (sub 7), which reads: Subd. 7. Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. page 69 RECOMMENDATION In our interpretation, as the proposed use is defined as a permitted use in an area which is zoned for single family residential homes, by State law the City must allow it. ACTION REQUIRED The group of residents will be given the opportunity to be heard. The City Attorney and Community Development Director will be available to answer questions about the provisions of the State law, and any local zoning issues. Mark McNeill City Administrator page 70 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Village Lots Purchase and Sales Agreement COMMENT: INTRODUCTION The Council is asked to approve a Purchase and Sales Agreement (PSA) for property owned which, if only all approvals are given by the Planning Commission and City Council, would provide for the site of an apartment building being proposed by Trammell Crow development. BACKGROUND At its meeting of March 21st, the City Council authorized entering into a Letter of Intent (LOI) with Trammell Crow regarding the development of property owned by the City in the Villages of Mendota Heights development. The property includes three undeveloped lots totaling 1.72 acres; Out Lot D which totals .95 acres, and is encumbered by a blanket utility and drainage easement; and what would be a vacated portion of Maple Street extending approximately 187.8 ft. west of Linden Street, which totals 11,268 sq. ft. Information regarding the developer and the project is provided on the attached memo dated March 21st. Trammell Crow has begun to spend significant amounts of money to provide the necessary background information (Traffic Study, Civil Engineering, and Architectural Concept Design) to determine whether the project will work at that site, and for the City to make the decision as to whether the proposal meets its needs. Typically, the developer will have the commitment of the property owner before approaching the host City to consider the proposal. In this case, the City of Mendota Heights is the property owner. Part of the commitment to continue to research this site’s feasibility was fulfilled by the LOI approved at the previous Council meeting. However, a further step, in the form of a Purchase and Sales Agreement (PSA), is being presented for the City Council’s consideration. page 71 The PSA presents a commitment that states that Trammell Crow can close on the land by end of year, contingent upon all of the due diligence being performed, and the necessary approvals are granted by the City. It would allow Trammell Crow to continue to spend money on the traffic impact study, civil engineering studies, environmental and geotechnical studies, the production of architectural plans, and the other necessary work which is required for both it as the prospective developer, and for the City to determine if the project works. The business terms in the PSA are identical to those in the already approved LOI. From the City’s standpoint, the drawback of entering into a PSAis that the City would not be able to consider other proposals for the development of this land while the PSA is active. It also means that a sale of the property cannot take place until all of the approvals for the development are made by the City Council. Timeline: The developer is providing for a community meeting on May 15th to explain the proposal to neighbors. It is anticipated that the proposal will go to the Planning Commission for consideration at its May 23rd meeting. Depending on what is determined by the Planning Commission, the proposal would then go to the City Council. BUDGET IMPACT The PSA provides for an earnest money deposit of $30,000. An appraisal was performed by an MAI Appraiser of the City’s choosing. The sales price of the parcels would be as follows: Parcels A, B, and C $570,000 1.72 acres Out Lot D 157,500 .95 acres Vacated Portion of Maple Street 85,700 .26 acres Total $813,200 2.93 acres It should be noted that research is continuing by the City Attorney as to the use of the proceeds, and whether the original developer has any claims on any portion of the proceeds of the sale. RECOMMENDATION I recommend the Council approve the Purchase and Sales Agreement. Again, this does not obligate the City to sell the property until such time as all of the public input process has been heard, and the Planning Commission and City Council are satisfied that the project meets the City’s needs and requirements. page 72 ACTION REQUIRED If the Council concurs, it should, by motion, authorize the Mayor and City Clerk to execute the Purchase and Sales Agreement with Trammell Crow for the Lots A, B, and C, and Outlot D of Mendota Heights Town Center, and a 11,268 sq. ft. portion of Maple Street to be vacated. ___________________________ Mark McNeill City Administrator page 73 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and dated as of this __ day of April, 2017 (“Effective Date”), by and between TRAMMELL CROW CHICAGO DEVELOPMENT, INC. (“Buyer”), and THE CITY OF MENDOTA HEIGHTS, MINNESOTA (“Seller”). RECITALS A. Seller is the owner of three certain real estate parcels and that certain Outlot D, together with any and all buildings thereon, and all rights, easements and appurtenances thereto, including Maple Street, all generally located between Linden Street and Dodd Road in Mendota Heights, Minnesota (the City”), generally depicted and legally described on Exhibit A, attached hereto and incorporated herein by reference, and comprising a total of approximately 3 acres (collectively referred to as the “Land”); and B. Buyer desires to buy, and Seller desires to sell, the Property, as defined in Section 1.1 herein, on the terms and conditions set forth herein. Buyer intends to use the Property to develop a multifamily residential facility, as generally set forth in the design concept plans attached hereto as Exhibit C (the “Project”). NOW, THEREFORE, in consideration of the promises and the mutual covenants of the parties hereinafter expressed, it is hereby agreed as follows: ARTICLE I PURCHASE AND SALE 1.1 Agreement to Sell and Purchase. In accordance with and subject to the terms and conditions hereof, Seller shall sell to Buyer and Buyer shall purchase from Seller the following (collectively, the “Property”): (a) The Land; (b) Any and all buildings and other improvements located on the Land (“Improvements”); (c) To the extent assignable, all right, title, and interest of Seller in any drawings, plans, building permits, surveys, warranties and certificates of occupancy relating to the Property, and all licenses and permits relating to the ownership and operation thereof; and (d) All intangible rights associated with or used in connection with the Property, if any. page 74 1.2 Purchase Price; Additional Consideration; and Manner of Payment. The purchase price (the “Purchase Price”) for the Property shall be Eight Hundred Thirteen Thousand Two Hundred and No/100 dollars ($813,200.00), payable as follows: (a) Within three (3) business days after full execution and delivery by Buyer and Seller of this Agreement (the “Effective Date”), Buyer shall deposit as earnest money in escrow the sum of $30,000.00 (such sum, together with any interest thereon, being hereinafter collectively referred to and held as the “Deposit”), with First American Title Insurance Company, 1900 Midwest Plaza, 801 Nicollet Mall, Minneapolis, Minnesota, Attention Kristi Broderick (the “Title Company” or the “Escrow Agent”). Escrow Agent shall hold the Deposit and make delivery of the Deposit to the party entitled thereto under the terms hereof and pursuant to an escrow agreement in the form attached hereto as Exhibit B and incorporated herein by reference. Seller will have no obligation to perform under this Agreement if Buyer does not make the Deposit in a timely manner pursuant to this subparagraph. (b) Buyer shall pay the balance of the Purchase Price by wire transfer at Closing (as defined in Section 1.5 herein), subject to credit for application of the amount of the Deposit paid to Seller as provided in subsection (a) of this Section and subject to credit and adjustments as provided in Section 1.3 hereof. 1.3 Adjustments. The following items shall be credited, debited and otherwise adjusted as of the Closing Date, and the resulting calculation shall be either a credit or a debit shown on the Closing Statements at Closing: (a) All income and other expenses relating to or deriving from the Property, if any, shall be prorated as of the Closing Date, including rental income and expenses and utility charges, if any. (b) In addition to the foregoing adjustments, Seller shall pay the following costs at Closing: (i) any state deed or transfer tax on Seller’s Warranty Deed; (ii) the costs of a commitment issued by the Title Company wherein Title Company agrees to issue to Buyer an ALTA Owner’s Title Insurance Policy (current standard form) for the Property (“Title Policy”); (iii) Seller’s attorney’s fees; (iv) one-half of the closing fee charged by Title Company; (v) one- half of the escrow fee, if any, charged by Escrow Agent; and (vi) such other expenses as are normally paid by Seller under local custom. (c) In addition to the foregoing adjustments, Buyer shall pay the following costs at Closing: (i) the cost of recording the Warranty Deed and any loan documents related to financing arranged by Buyer; (ii) one-half of the closing fee charged by Title Company; (iii) Buyer’s attorney’s fees; (iv) one-half of the escrow fee, if any, charged by Escrow Agent; (v) the cost of any endorsements to the title policy specifically requested by Buyer or Buyer’s lender; and (vi) such other expenses as are normally paid by Buyer under local custom. 1.4 Possession. Seller shall transfer possession of the Property to Buyer immediately after Closing. 1.5 Closing. The purchase and sale transaction contemplated by this Agreement shall close (the “Closing”) thirty (30) days after the earlier to occur of (a) expiration of the Due page 75 Diligence Period or (b) Buyer’s waiver of the Due Diligence Period (“Closing Date”). The Closing shall take place at the offices of the Title Company, or may be closed by mail or other delivery of the necessary deposits of Buyer and Seller to Title Company. 1.6 Closing Documents. (a) At the Closing, Seller shall execute and deliver or cause to be delivered to the Title Company, the following items: (i) a warranty deed, transferring and conveying to Buyer fee simple title to the Property, subject only to those leases, liens, easements, restrictions, conditions, and other exceptions identified in the Title Commitment and not objected to pursuant to Article II hereof, or otherwise consented to in writing by Buyer, which deed shall be in recordable form and otherwise reasonably approved by Buyer (the “Warranty Deed”). (ii) A seller’s affidavit as may be required by the Title Company, on a form reasonably satisfactory to Buyer and Seller, in order for the Title Company to issue an owner’s policy of title insurance in favor of Buyer. (iii) A warranty bill of sale for all personal property and intangibles included in the sale, if any, in form reasonably satisfactory to Buyer and Seller. (iv) FIRPTA Affidavit in form reasonably satisfactory to Buyer and Seller. (v) Any documents necessary to release any filings or judgments raised by the Searches. (vi) A written resolution by the Seller, authorizing and approving the Seller to enter into this transaction. (vii) A reaffirmation of representations and warranties contained in this Agreement pursuant to Section 3.1, stating that the representations and warranties made by Seller herein are true and correct as of the Closing Date, the form of which shall be reasonably satisfactory to Buyer and Seller and executed by Seller. (viii) Keys and all locks to the Property in Seller’s possession or control, if any. (ix) All City agreements, approvals and entitlements necessary for the development of Seller’s proposed project, including without limitation the Development Agreement (defined below) and the plat. (x) All such other documents, instruments and funds as may reasonably be required by Buyer and/or Title Company to close the sale in accordance with this Agreement. (b) At the Closing, Buyer shall execute and deliver or cause to be delivered to the Title Company, the following items: page 76 (i) The Purchase Price; (ii) A reaffirmation of representations and warranties contained in this Agreement pursuant to Section 4.1, stating that the representations and warranties made by Buyer herein are true and correct as of the Closing Date, the form of which shall be reasonably satisfactory to Buyer and Seller and executed by Buyer; (iii) Transfer Tax Forms; (iv) A Buyer affidavit in a form reasonably acceptable to the Title Company; (v) Evidence of Buyer’s authority to perform its obligations under this Agreement in form and substance reasonably satisfactory to the Title Company; and (vi) All such other documents, instruments and funds as may reasonably be required by Title Company to close the sale in accordance with this Agreement. (c) On the Closing Date, Buyer and Seller shall execute and deliver to the Title Company counterpart originals of the following: (i) Assignment and Assumption of Contracts, whereby Seller assigns to Buyer and Buyer assumes all right, title, interest and obligation of Seller in and to any contracts related to the Property, if any, after the Closing, which Assignment and Assumption of Contracts shall be in form reasonably approved by Buyer and Seller; and (ii) Closing Statements, which shall reflect the prorations contemplated hereunder. ARTICLE II DUE DILIGENCE 2.1 Due Diligence/Title and Survey. (a) Within twenty (2 0) business days of the Effective Date, Buyer shall obtain the following: (i) A current commitment for title insurance issued by the Title Company, along with copies of all documents noted as exceptions on the Title Commitment, which is in an amount equal to the Purchase Price (the “Title Commitment”); and (ii) A current survey of the Property, certified to Buyer, Title Company, and Buyer’s lender, if any, and meeting the “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys” jointly established and adopted by ALTA and NSPS, reasonably satisfactory to Buyer (collectively, the “Survey”) (hereinafter, the Title Commitment and Survey shall be collectively referred to as the “Title Evidence”). page 77 (b) Not later than forty-five (45) days after Buyer’s receipt of all Title Evidence (“Title Review Period”), Buyer shall give Seller written notice of any title exceptions or survey matters which are contained in the Title Commitment or Survey to which Buyer objects (“Buyer’s Title Notice”). Buyer’s failure to provide Buyer’s Title Notice to Seller or to otherwise object to the Title Evidence before the expiration of the Title Review Period shall constitute Buyer’s approval of the condition of title in and to the Property and such matters shall become Permitted Exceptions. Upon receipt of Buyer’s Title Notice, Seller shall have a period of thirty (30) days to remove, correct, cure or satisfy any title exceptions that were identified in Buyer’s Title Notice, it being nevertheless agreed that Seller shall have no obligation to undertake any action or to incur any expense in order to effectuate any such removal. If Seller does not respond in writing that it will attempt to remove, correct, cure or satisfy any matters objected to, it will be deemed to have elected not to do so. In the event that Seller elects not to attempt to remove, correct, cure or satisfy the matters raised in Buyer’s Title Notice, or if having elected to do so, does not within such thirty (30) day period effectuate any such removal, correction, cure or satisfaction as aforesaid (hereinafter called “Title Correction”), Buyer shall have the right, at its sole option, either (a) to terminate this Agreement, in which event the full Deposit shall be returned to Buyer, and neither party shall thereafter have any further liability hereunder, or (b) waive such objections and accept such title as is disclosed by the Title Commitment and Survey without Title Correction and close. Nothing in this paragraph shall abridge or limit Seller’s or Buyer’s termination rights or remedies for Seller’s breach of this Agreement. For purposes hereof, “Permitted Exceptions” means: (i) all present and future zoning, building, environmental and other laws, ordinances, codes, restrictions and regulations of all governmental authorities having jurisdiction with respect to the Property, including, without limitation, landmark designations and all zoning variances and special exceptions, if any; (ii) possible encroachments and/or projections, if any, on, under or above any street or highway, the Property or any adjoining property; (iii) variations between tax lot lines and lines of record title; (iv) the standard conditions and exceptions to title contained in the form of title policy or “marked-up” title commitment issued to Buyer by the Title Company; and (v) the encumbrances and any liens, encumbrances or other title exceptions approved or waived by Buyer as provided in this Agreement; Any liens for water charges, sewer rents and assessments that are the obligation of Seller to satisfy and discharge shall not be deemed objections to title, but the amount thereof, plus interest and penalties thereon, shall be satisfied at Closing from Seller’s Purchase Price proceeds. (c) Within three (3) business days after the Effective Date, Seller will make available to Buyer copies of all of those documents, reports, studies, tests, drawings, surveys, agreements, contracts and all other documentation relating to the Property in Seller’s possession or control or to which Seller has knowledge or access (collectively, the “Due Diligence Materials”). page 78 (d) During the Due Diligence Period (defined below), Buyer may, in its sole discretion, conduct any environmental, soil or engineering, studies or tests, including without limitation geotech soil borings, with respect to the Property that Buyer deems advisable (collectively, the “Physical Inspections”). Buyer shall have the obligation to restore the Property to its condition prior to any Physical Inspections. Buyer will indemnify and hold Seller harmless from claims, damage or liabilities arising from the negligence or wrongful act of Buyer in conducting any Physical Inspections. (e) Within thirty (30) days of the Effective Date, Buyer will cause a traffic impact study to be conducted with respect to Buyer’s proposed use of the Property. (f) Buyer shall have a period of one hundred eighty (180) days from and after the Effective Date (the “Initial Due Diligence Period”), to review the Due Diligence Materials and reports arising from the Physical Inspections and (i) give written notice to Seller of any objections Buyer may have with respect to its investigations and review of documentation provided and obtained pursuant to this Section 2.1; or (ii) waive all conditions to closing in this Section 2.1 by providing written notice to Seller. If Buyer does not give either notice identified in (i) or (ii) above on or before the expiration of the Initial Due Diligence Period, this Agreement shall terminate, and the full Deposit shall be refunded to Buyer pursuant to the terms hereof. Hereafter, the Initial Due Diligence Period, if and as extended, shall be referred to herein as the “Due Diligence Period”. (i) Upon written notice to Seller on or before the expiration of the Initial Due Diligence Period, Buyer shall have the right to extend the Due Diligence Period for an additional period of thirty (30) days (the “First Extension”), provided, however, that if Buyer exercises the First Extension and thereafter terminates this Agreement by notice to Seller during the First Extension, Seller shall be entitled to retain $10,000.00 of the Deposit, and the remainder of the Deposit ($20,000.00), and all interest earned thereon, shall be returned to Buyer. Each of Seller and Buyer agree to provide instructions to the Title Company with respect to disposition of the Deposit in accordance with this Section 2.1(d)(i) in the event that this Agreement is terminated by Buyer during the First Extension. (ii) Upon written notice to Seller on or before the expiration of the First Extension, Buyer shall have the right to extend the Due Diligence Period for an additional period of thirty (30) days (the “Second Extension”), provided, however, that if Buyer exercises the Second Extension and thereafter terminates this Agreement by notice to Seller during the Second Extension, Seller shall be entitled to retain $20,000.00 of the Deposit, and the remainder of the Deposit ($10,000.00), and all interest thereon, shall be immediately returned to Buyer. Each of Seller and Buyer agree to provide instructions to the Title Company with respect to disposition of the Deposit in accordance with this Section 2.1(d)(ii) in the event that this Agreement is terminated by Buyer during the Second Extension. (iii) Upon written notice to Seller on or before the expiration of the Second Extension, Buyer shall have the right to extend the Due Diligence Period for an additional period of thirty (30) days (the “Third Extension”), provided, however, that if page 79 Buyer exercises the Third Extension and thereafter terminates this Agreement by notice to Seller during the Third Extension, Seller shall be entitled to retain the entire Deposit. Each of Seller and Buyer agree to provide instructions to the Title Company with respect to disposition of the Deposit in accordance with this Section 2.1(d)(iii) in the event that this Agreement is terminated by Buyer during the Third Extension. (g) If Buyer notifies Seller of any such objection(s) pursuant to this Section 2.1 during the Due Diligence Period, Seller shall either: (a) cure such objections as soon as reasonably possible but no later than prior to Closing (and, for purposes of this Agreement, "cure" shall include, but not be limited to, removing any such defect); or (b) decline to cure such objections. If Seller declines to cure such objections Seller shall so notify Buyer within five (5) business days of receipt of Buyer’s objections. Thereafter, Buyer shall either (i) waive such objections and proceed to Closing, (ii) terminate this Agreement and recover the Deposit, or (iii) if the objections can be cured by the payment of money, elect to have such objections cured and have the Purchase Price reduced accordingly. If title defects are discovered by or reported to Buyer on or prior to the Date of Closing which are not shown on the Title Commitment or the Survey, or which were created or came into existence on or after the date of delivery of the Title Commitment or the Survey, Buyer shall notify Seller in writing of any such title defects as soon as reasonably possible. Seller may then either (a) cure such objections prior to Closing; or (b) decline to cure such objections. If Seller declines to cure such objections, it shall so notify Buyer within five (5) business days of notice from Buyer. Thereafter, Buyer shall either (i) waive such objections and proceed to Closing, (ii) terminate this Agreement and recover the Deposit, or (iii) if the objections can be cured by the payment of money, elect to have such objections cured and have the Purchase Price reduced accordingly. (h) Seller acknowledges, and agrees to cooperate with (at no cost to Seller), Buyer’s attempts to obtain the “Approvals” during and after the Due Diligence Period. The “Approvals” shall be defined as all entitlements, zoning designations, platting, or other zoning and land use approvals required to construct the Project, but shall not include building permits. Buyer diligently shall pursue obtaining the Approvals during and after the Due Diligence Period. Buyer’s obligation to purchase the Property will be contingent upon Buyer obtaining the Approvals or, at Buyer’s sole and absolute discretion, Buyer waiving the contingency to obtain some or all of the Approvals prior to Closing. Buyer shall have the right, in its sole and absolute discretion, to terminate this Agreement if Buyer is unable to obtain the Approvals within a time period that is satisfactory to Buyer. (i) Within forty-five (45) days of the Effective Date, Seller and Buyer shall negotiate and agree upon the terms of a development agreement with respect to Buyer’s development of the Land, including without limitation, relocation of utilities, partial street vacation and other on and off-site improvements (“Development Agreement”). (j) Buyer’s obligation to purchase the Property will be contingent upon Buyer’s determining, in its sole discretion, during the Due Diligence Period that: (i) Buyer is satisfied with the results of all environmental investigations, studies and tests completed by an environmental testing firm acceptable to Buyer; page 80 (ii) Buyer is satisfied with the results of all soil and other site engineering investigations, studies and tests, including, without limitation, all site leveling assessments and tests which Buyer deems appropriate; (iii) Utilities, storm water detention and curb cuts necessary to serve the Property are satisfactory to Buyer; (iv) All zoning and governmental approvals desired by Buyer to develop the Property into a multifamily residential development can be obtained; (v) Buyer is satisfied with its review of all leases, easement agreements, reciprocal easement and operating agreements, maintenance agreements or other agreements relating to the Property, if any; (vi) Buyer is satisfied with its review of all Due Diligence Materials and other documents provided by Seller to Buyer; (vii) Buyer is satisfied with its review of Title and Survey and satisfied that Seller can transfer title to the Property to Buyer subject only to the Permitted Exceptions at Closing; and (viii) Buyer’s acquisition of the Property will meet its financial requirements or those of its lender or investors, if any. ARTICLE III REPRESENTATIONS AND WARRANTIES OF SELLER 3.1 Seller’s Representations and Warranties. Seller makes the following representations and warranties, which representations and warranties are true and correct on the date hereof and shall be true on the Closing Date and shall survive the Closing: (a) With respect to Seller and its affairs, Seller represents and warrants, in particular, that: (i) Seller has or will have all necessary power and authority to own, use and transfer the Property to Buyer; and (ii) Seller has been duly authorized by its governing body to execute, deliver and perform this Agreement and all documents and instruments and transactions contemplated hereby or incidental hereto. (b) Seller owns the Property free and clear of all encumbrances except those identified in the Title Commitment or otherwise disclosed to Buyer. (c) To Seller’s knowledge, there has not been any generation, transportation, treatment, storage, disposal or release in or on the Property by third parties other than as described in the documents provided to Buyer in accordance with Section 2.1 hereof. Seller has page 81 not caused or permitted any generation, transportation, treatment, storage, disposal or release in or on the Property (or in or on any other Property adjacent thereto which is or has been owned by Seller), of any so-called hazardous substances, residues or wastes (including specifically petroleum and related hydrocarbons and their byproducts, asbestos, and polychlorinated biphenyls) which are subject to Federal, State or local laws, rules, regulations, ordinances or other regulatory requirements (hereinafter called "Regulated Substances"), and Seller has no actual knowledge of the Property being used as a dump or landfill or storage site for any Regulated Substances or of the existence of Regulated Substances on the Property (or on any other property adjacent thereto owned or formerly owned by Seller or by an entity controlled by Seller) which may support a claim or cause of action against the Property or any owner thereof, whether by a governmental agency or body, private party or individual, under the environmental laws of the State where the Property is located or any other Federal, State or local environmental statutes, regulations, ordinances or regulatory requirements. (d) To the best of Seller's knowledge, no environmental reports have been made or prepared in connection with the Property or adjacent properties owned or previously owned by Seller or its affiliates except those which true and correct copies of have been delivered to Buyer pursuant to Section 2.1 hereof. (e) Seller has no actual or constructive knowledge of any underground storage tanks presently or previously located on the Property. (f) Seller has no actual or constructive knowledge of any wells located on the Property. (g) Seller has no actual or constructive knowledge of any individual sewage treatment systems located on or near the Property. (h) Seller has no actual or constructive knowledge of any asbestos being used in the construction or insulation of the improvements on the Property. (i) To the best of Seller's knowledge, there is no action, suit, proceeding or investigation pending with respect to the Property, or which questions the validity or enforceability of the transaction contemplated by this Agreement, in any court or by any federal, district, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. (j) Seller is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). (k) No work has been performed or is in progress at, and no materials have been furnished to, the Property or any portion thereof by or on behalf of Seller which could give rise to any mechanic’s materialman’s or other liens, and no such liens are outstanding;. (l) Seller has received no notice of condemnation of any portion of the Property from any governmental authority, that there are presently no pending assessments against the property and Seller has not received any notice of any assessments being contemplated. page 82 (m) There are no other agreements to, in the future, lease, sell, option or otherwise encumber or dispose of its interest in the Property or any part thereof, except for this Agreement. (n) There are no tenancies, occupancies affecting the Property or persons in possession of any part thereof, except as identified in the Due Diligence Materials. (r) There are no material service, supply, maintenance, leasing or management agreements affecting the Property or any part thereof, except as identified in the Due Diligence Materials. (s) To the best of Seller’s knowledge, the copies of documents comprising Due Diligence Materials to be delivered to Buyer pursuant to this Agreement are accurate copies of all material documents comprising the Due Diligence Materials; such copies are fully executed by all parties thereto, and include all amendments thereto. Seller’s warranties and representations contained in this paragraph shall survive the delivery of the Warranty Deed and Closing. In the event any of the representations and warranties contained herein becomes untrue as of the date of the Closing as a result of information received by Seller or occurrences subsequent to the Effective Date hereof or otherwise, Seller shall promptly notify Buyer. Seller will indemnify Buyer, its successors and assigns, against and will hold Buyer, its successors and assigns, harmless from, any loss, claim, damage or expense, including reasonable attorneys' fees, which Buyer incurs because any of the above representations and warranties are untrue as of the Effective Date or the Closing Date, respectively, whether such untruthfulness is discovered before or after the Closing. 3.2 Commissions. Seller has dealt with no broker, finder or other person in connection with the sale or negotiation of the sale of the Property in any manner that might give rise to any claim for commission against Seller. Seller agrees to indemnify Buyer and its agents and representatives and hold them harmless from any claims for any such fees or commissions made by any person with whom Seller has entered into an agreement for same, including all costs and expenses for defending any claim therefore (including reasonable attorneys’ fees). Buyer has dealt with no broker, finder or other person in connection with the sale or negotiation of the sale of the Property in any manner that might give rise to any claim for commission against Buyer. Buyer agrees to indemnify Seller and its agents and representatives and hold them harmless from any claims for any such fees or commissions made by any person claiming through Buyer including all costs and expenses for defending any claim therefore (including reasonable attorneys’ fees). ARTICLE IV REPRESENTATIONS AND WARRANTIES OF BUYER 4.1 Buyer’s Representations and Warranties. Buyer makes the following representations and warranties, which representations and warranties are true and correct on the date hereof and will be true and correct on the Closing Date and will survive Closing for a period of one (1) year after the Closing Date: page 83 (a) With respect to Buyer and its business, Buyer represents and warrants, in particular, that: (i) Buyer is a corporation duly organized, validly existing and in good standing under the laws of the State of Illinois and is registered to do business and in good standing in the State of Minnesota. (ii) Buyer, acting through its duly empowered and authorized officer, has all necessary power and authority to own and use its properties and to transact the business in which it is engaged. (iii) Buyer, acting through its duly empowered and authorized officer, is duly authorized to execute, deliver and perform this Agreement and all documents and instruments and transactions contemplated hereby or incidental hereto. ARTICLE V COVENANTS OF SELLER Seller covenants and agrees that from and after the date of this Agreement and until the Closing Date: 5.1 Operation of Property. Seller will, from the period from the Effective Date through the Closing Date, operate the Property subject to the following provisions and limitations: (a) Subject to the provisions of Section 5.1(b) below, Seller shall continue to operate and maintain the Property consistent with the present business and operations thereof, and Seller shall maintain the buildings and improvements, if any, that comprise or that are upon the Property in their current condition and repair, normal wear and tear and casualty damage excepted, it being the intention of the parties hereto that the general operations of the Property shall not be materially changed between the Effective Date and the Closing. (b) Seller shall not, from and after the Effective Date: (i) modify or amend any of the leases, contracts, or other agreements affecting the Property; (ii) enter into any lease for space within the Property; (iii) enter into any service, supply, maintenance or other contracts pertaining to the Property or the operation of the Property which are not at market rates and which are not cancellable without penalty after the Closing, upon thirty (30) days’ prior notice; (iv) purchase, lease or contract to purchase or lease new items of equipment with respect to the Property other than in the ordinary course of business; or (v) remove existing items of equipment or other personal property other than in the ordinary course of business without, in each instance, obtaining the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. page 84 ARTICLE VI CASUALTY; CONDEMNATION 6.1 Casualty. If prior to the Date of Closing the Property or any part thereof is damaged or destroyed by fire or by any other cause, this Agreement may be terminated at Buyer’s sole option, and upon Buyer’s delivery to Seller of written notice of termination, this Agreement shall be null and void, and the Deposit shall be immediately returned to Buyer. If Buyer elects to proceed and to consummate the purchase despite said damage or destruction, Seller will assign to Buyer its interest in and to any insurance policies and proceeds thereof payable as a result of such damage or destruction plus any deductible owed by Seller under Seller’s insurance coverage, less such portion thereof as shall first be reimbursed to Seller for the costs of any restoration work incurred by Seller prior to Closing. 6.2 Condemnation. If prior to Closing, the Property or any material part thereof is taken by eminent domain or a proceeding to take such Property is commenced, this Agreement may be terminated at Buyer’s sole option, and upon Buyer’s delivery to Seller of written notice of termination, this Agreement shall be null and void, and the Deposit shall be immediately returned to Buyer. If Buyer elects to proceed and to consummate the purchase despite said taking, Seller will assign to Buyer all the Seller’s right, title and interest in and to any award made or to be made in the condemnation proceeding. ARTICLE VII DEFAULT AND TERMINATION 7.1 Default by Seller. If Seller defaults in performing any of Seller’s obligations under the terms of this Agreement for any reason other than Buyer’s default, Buyer shall be entitled as its exclusive remedies to (i) terminate this Agreement and to receive a refund of the Deposit; or (ii) to sue for specific performance of this Agreement. 7.2 Default by Buyer. If Buyer defaults in performing any of Buyer’s obligations under the terms of this Agreement for any reason other than Seller’s default, Seller’s sole remedy shall be to terminate this Agreement and to retain the Deposit as liquidated damages. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Binding Agreement. This Agreement shall be binding on and shall inure to the benefit of the parties named herein and to their respective successors and assigns. 8.2 Assignment. Seller may not assign its rights and interests hereunder. Buyer may assign its rights under this Agreement to one or more limited liability companies or other type of entity formed for the purpose of acquiring the Property, with full release of Buyer of all obligations herein, which shall be assigned to and assumed by Buyer’s assignee. page 85 8.3 Notices. All notices, requests, demands and other communications hereunder shall be in writing and deemed to have been duly given if said notice is delivered personally, sent by reputable overnight courier or sent by registered or certified mail, postage prepaid, and addressed as set forth below: (a) If to Seller: Mr. Mark McNeill City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 (b) If to Buyer: Trammell Crow Chicago Development, Inc. 2215 South York Road Suite 204 Oak Brook, IL 60523 Attn: John Carlson and Mary Lucas With a copy to: Dorsey & Whitney LLP 50 South 6th Street, Suite 1500 Minneapolis, MN 55402 Attn: Marcus Mollison Each such mailed notice or communication shall be deemed to have been given to, or served upon, the party to whom or to which addressed on the date the same is served, sent by overnight courier, or is deposited in the United States certified mail, return receipt requested, postage prepaid, properly addressed in the manner above provided. Any party may change the address to which notices are to be addressed by giving the other parties notice in the manner set forth above. 8.4 Entire Agreement. This Agreement, together with all the Exhibits attached hereto and incorporated by reference herein, constitutes the entire undertaking between the parties hereto, and supersedes any and all prior agreements, arrangements and understandings between the parties. 8.5 Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Minnesota. 8.6 Time of the Essence. Time is of the essence with respect to each and every provision of this Agreement. 8.7 Performance on Business Days. If any date for the occurrence of an event or act under this Agreement falls on a Saturday or Sunday or legal holiday in the State where the page 86 Property is located, then the time for the occurrence of such event or act shall be extended to the next succeeding business day. 8.8 Counterparts. This Agreement may be executed with facsimile or electronic signatures and in two or more counterparts, each of which shall constitute an original. 8.9 Confidentiality. Buyer and Seller agree that the terms, conditions and provisions of this Agreement shall be held in strict confidence; provided, however, Buyer and Seller shall each have the right to disclose such information to Buyer’s or Seller’s officers, lenders, employees, investors, attorneys, consultants and agents which have been engaged by Buyer or Seller to assist with the evaluations of the terms, conditions and provisions contemplated under this Agreement or to any governmental or other persons as may be required by law, including the Minnesota Data Practices Act, found at Minnesota Statutes, Chapter 13, as amended. The provisions of this Section shall survive the termination of this Agreement and shall survive the Closing. 8.10 Execution of Agreement. This Agreement shall not be binding upon Buyer or Seller nor shall Buyer or Seller have any obligations or liabilities or any rights with respect hereto, unless and until both Buyer and Seller have executed and delivered this Agreement. 8.11 Severability. In the event any provision of this Agreement shall be found invalid or unenforceable, that provision shall be severed from this Agreement, and the remaining portions hereof shall continue in full force and effect pursuant to their terms. 8.12 Headings. The title and headings of the sections hereof are solely for means of reference and are not intended to modify, explain or place any construction on any of the provisions of this Agreement. 8.13 Attorneys fees. If either Seller or Buyer files any action or brings any proceeding against the other arising out of this Agreement, or is made a party to any action or proceeding brought by a third party arising out of this Agreement without fault of the defending party, then as between Seller and Buyer, the prevailing party in any such action or proceeding shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to attorneys' fees. 8.14 Exclusivity. For so long as this Agreement remains in effect, Seller agrees that it will neither (a) promote the sale of the Property to, or solicit offers to purchase the Property from, other parties, nor (b) discuss or negotiate with other parties regarding any unsolicited offers from such other parties. 8.15 Property Condition. Buyer agrees that it will purchase the Property “As-Is” and “with all faults,” with no warranty by Seller of any kind, express or implied, except as expressly provided herein. page 87 8.16 Site Work. Seller agrees to cooperate and assist with Buyer’s efforts to accomplish the necessary site work for Buyer’s proposed development, including without limitation the partial vacation of Maple Street and the relocation of the existing utilities currently under Maple Street. Notwithstanding the foregoing, Seller will have no financial responsibility for the necessary site work for the Project. The Buyer may additionally be financially responsible for future public infrastructure improvements that may be required due to the scope and size of the Project, including but not limited to a new sanitary sewer lift station. 8.17 Project Design and Use. The Mendota Heights City Council and City staff has reviewed and generally supports Buyer's (a) design proposal for the Project, attached as Exhibit C, including the building design, height and number of units and (b) proposed entitlement milestone schedule, attached hereto as Exhibit D. Buyer acknowledges and understands the City Council must approve the terms of this Purchase Agreement and that the City Council and the City’s Planning Commission intend to consider various land use approvals relating to the Project. Any general support for the project may be absolutely and unconditionally revoked based upon future circumstances and the land use approval process. Buyer additionally acknowledges and understands the milestones and entitlements contained on Exhibit D may be revised or supplemented, depending on Seller’s requirements for the land-use approval process. [Remainder of this page intentionally left blank] page 88 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. “BUYER” TRAMMELL CROW CHICAGO DEVELOPMENT, INC. By: Name: Title: “SELLER” CITY OF MENDOTA HEIGHTS, MINNESOTA By: Name: Neil Garlock Title: Mayor By: Name: Lorri Smith Title: City Clerk page 89 EXHIBIT A LAND Lot 1, Block 2, Mendota Heights Town Center, Dakota County, Minnesota – Parcel Identification No. 274833502010 Lot 1, Block 3, Mendota Heights Town Center, Dakota County, Minnesota – Parcel Identification No. 274833503010 Lot 2, Block 3, Mendota Heights Town Center, Dakota County, Minnesota – Parcel Identification No. 274833503020 Outlot D, Mendota Heights Town Center, Dakota County, Minnesota – Parcel Identification No. 274833500040 Portion of Maple Street (to be vacated by City) page 90 EXHIBIT B ESCROW AGREEMENT THE CITY OF MENDOTA HEIGHTS, MINNESOTA (“Seller”) by Purchase and Sale Agreement dated April __, 2017 (the “Agreement”), has agreed to sell to TRAMMELL CROW CHICAGO DEVELOPMENT, INC. (“Buyer”) certain real property located in Mendota Heights, Minnesota, for the consideration therein stated, and to which Agreement this Escrow Agreement is attached as an Exhibit. The parties have requested First American Title Insurance Company (“Escrow Agent”) to receive an initial Earnest Money Deposit of $30,000.00 (such amount and any and all interest earned thereon shall be hereinafter referred to as the “Deposit”) to be held in escrow by it and to be disbursed or applied at Closing in accordance with the Agreement. Escrow Agent agrees to hold the Deposit in accordance with the terms of the Agreement and disburse the same strictly in accordance with such terms. Escrow Agent shall invest the Deposit in such interest-bearing accounts or instruments as shall be approved by both Buyer and Seller. Interest shall be considered a part of the Deposit for all purposes under the Agreement and this Escrow Agreement. Seller and Buyer represent that their respective Tax I.D. Numbers are as follows: Seller: Buyer: _____________________ Escrow Agent shall have no responsibility for any decision concerning performance or effectiveness of the Agreement or to resolve any disputes concerning the Agreement. Escrow Agent shall be responsible only to act in accordance with the Agreement or the joint and mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent jurisdiction. Seller and Buyer undertake to hold Escrow Agent harmless from all claims for damages arising out of this Escrow Agreement and do hereby agree to indemnify Escrow Agent for all costs and expenses in connection with this escrow, including court costs and attorneys’ fees, except for Escrow Agent’s failure to account for the funds held hereunder, or acting in conflict with the terms hereof. [Remainder of this page intentionally left blank] page 91 THIS ESCROW AGREEMENT constitutes the entire agreement among Escrow Agent, Seller and Buyer concerning the Deposit. “ESCROW AGENT” FIRST AMERICAN TITLE INSURANCE COMPANY By: Name: Title: “SELLER” THE CITY OF MENDOTA HEIGHTS, MINNESOTA By: Name: Neil Garlock Title: Mayor By: Name: Lorri Smith Title: City Clerk “BUYER” TRAMMELL CROW CHICAGO DEVELOPMENT, INC. By: _________________________ Name: _______________________ Its: _________________________ page 92 EXHIBIT C DESIGN PROPOSAL page 93 page 94 page 95 page 96 EXHIBIT D PROPOSED ENTITLEMENT SCHEDULE April 24th: Planning Commission Submittal Due • Traffic Study • Preliminary Civil Engineering • Concept Design May 23rd: Planning Commission June 6th: City Council • PUD Approved page 97 DATE: March 21, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Letter of Intent—Village at Mendota Heights Parcels COMMENT: INTRODUCTION The Council is asked to approve a Letter of Intent with Trammell Crow for the proposed development of three parcels and an outlot in the Village at Mendota Heights development. BACKGROUND Trammell Crow has approached the City about the development of an “active adult” apartment building. This project would be located on land owned by the City, adjacent to Dodd Road in the Village development. It would be part of a new concept for the Twin Cities, whose target market is for younger seniors who desire independent living, but will also want to be able to choose from an “ala carte” menu of services. Trammell Crow indicates that this market is currently underserved, but is anticipated to be in high demand as the Baby Boom generation ages. They note that it would allow area residents to sell their current homes, yet remain in the community. Trammell Crow is a national company, with presence in more than 30 states. It has several market-rate multiple unit residential developments in the Twin Cities. This Mendota Heights development is proposed to be located on three parcels totaling 1.72 acres of land, and Outlot D, which is a parcel containing a blanket utility and drainage easement. Maple Street between Dodd Road and Linden Street would be vacated, and become part of the development. The development would consist of between 150 and 164 units of apartments, in a structure which would be five stories in height. The project density without Outlot D factored in would be 57 units per acre, which is comparable to the 63 units per acre at the Reserve at Mendota Heights development at the Mendota Plaza location, across TH 110. page 98 All but 4 of the proposed parking spaces for the building would be underground. There would be a small pocket park at the southerly end of the site. Trammell Crow has proposed to buy the site directly from the City, with a price to be determined by a mutually-agreed upon appraiser. Trammell Crow has proposed a timeframe which will need to have preliminary work to commence immediately, so as to meet their desired closing on the land by the end of this year. This project location is part of a PUD; the property had been anticipated as 19 townhouses (similar to those on Linden and Oak Streets in the Village development). For that reason, in order for this is to proceed, the PUD will need to be amended. So as to meet the May Planning Commission deadline, an appraisal and traffic study will need to be commenced very soon. In order to get those activities can get underway, a Letter of Intent (LOI) has been drafted by Trammell Crow, which is being reviewed by City staff. This LOI will be presented to Council for its consideration at the March 21st meeting The Letter of Intent is not a contractual obligation, but does allow the developer assurance that the City will support the further exploration of this concept through the Planning Commission consideration. Trammell Crow is open to holding a neighborhood meeting in advance of the formal consideration by the Planning Commission to answer questions which may arise from the surrounding property owners and residents. BUDGET IMPACT The LOI provides that Trammell Crow will deposit $30,000 in earnest money. The company will also fund the appraisal and traffic study. Development fees would be determined, should the project move forward. RECOMMENDATION If the Council desires to investigate this development further, it should authorize execution of the LOI. ACTION REQUIRED If the Council concurs, it should, by motion, authorize the execution of the Letter of Intent with Trammell Crow for the Mendota Heights Active Adult Apartments concept. page 99 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Hall Solar Panel Locations COMMENT: INTRODUCTION The City Council is asked to decide where solar panels should be placed at the City Hall property. BACKGROUND At the February 21st City Council meeting, the Council authorized the City to apply for solar energy grants under the “Made in MN” program, to fund the installation of solar energy panels not exceeding 40 KW generating capacity. The applications were for four City buildings--Public Works Garage, the Fire Station, City Hall, and the Par 3. These were competitive grants. Because of the number of applications, it was expected that an average of only one in four applications would be drawn in the lottery. Instead, the City was successful in receiving grants for two of the four applied-for locations—at City Hall, and at Public Works. The Public Works Building should be a roof-mounted array. The roof location will work well there because of the flat-roof design of the building, and its good southerly exposure. However, because of concerns about the esthetical impact on the City Hall building, a roof- mounted array may not be as good there. Instead, three possible ground-mounted array locations were researched. The possible locations are shown on the attached sheet: • Location 1—An angled site, west of City Hall • Location 2—Front yard location near the intersection of Victoria Curve and Lexington page 100 • Location 3—City Staff-suggested location behind City Hall, north of the Police driveway. It should be noted that ground-mounted arrays at the City Hall location will produce about 10% fewer kilowatts (and therefore 10% less monetary savings). Ground mounted systems are slightly more expensive, meaning that the City’s larger monetary savings benefit will be delayed by a few additional months. Each site location offers advantages, and drawbacks. At all sites at City Hall, modifications will need to be made to the irrigation system. Fencing may be needed to discourage people from climbing on the system. Location 1 faces southeast, rather than due south, and so the efficiency will be reduced by a further 5%. Some trees will need to be removed. The panels may be subject to being hit by foul balls from the adjacent baseball field, but after conversations with youth league coaches, it was noted that foul balls hit in that direction are more likely to be pop-ups with less velocity. However, damage to the system can’t be totally ruled out. Location 2 would certainly stand out visually, and would shield some of the visibility of the City Hall building. Possible other issues such as setbacks from Lexington Avenue will need to be addressed. Location 3 will have the most concerns about trees, both in terms of shading, and the potential damage to the system from falling limbs. Mature trees on the south side of the driveway would have to be removed because of shade issues. Finally, that locations’ proximately to wetlands may mean that soils might not be suitable for the systems’ foundation. RECOMMENDATION In spite of the drawbacks, staff’s recommendation is Location 1, if it is to be a ground-mounted system. ACTION REQUIRED The Council should discuss, and give direction as to the preferred locations for the solar panel array at City Hall. Mark McNeill City Administrator page 101 page 102 DATE: April 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Joint Meeting with Parks and Recreation Commission COMMENT: INTRODUCTION The City Council is asked to establish a date for a joint meeting with the Parks and Recreation Commission. BACKGROUND In order to make certain that the Parks and Recreation Commission and the City Council are in line with their visions for the future of the City’s parks system, a joint meeting of the two bodies might be in order. Possible discussion topics might include • Short and long term funding sources, • Prospective capital improvements projects, • The future of the Off Leash dog park, • The level of City involvement with the historic Pilot Knob area, • The accommodation of growing sports like soccer and lacrosse • Status report on the discussion of joint facilities currently underway with ISD 197 and the Cities of West St. Paul and Mendota Heights. • The future of recreation programming, including possible partnerships with neighboring cities. • Other topics as determined. The joint meeting could be scheduled prior to a regular city Council meeting, for example--at 5 PM on a Tuesday. However, it is probable that not all of the Parks and Recreation Commissioners would be able to make a start at that time. In addition, it is also probable that with the number of topics to discuss, some topics might have to be rushed. page 103 For that reason, a separate evening to meet might be in order. Calendars showing May and June available dates is attached. Evening meetings for the Park and Recreation Commission begin at 6:30 PM; the Council meets at 7 PM. RECOMMENDATION Calendars for May and June are attached. We recommend that a joint meeting of the Parks and Recreation Commission and City Council be called for, and that a date and time be established. ACGTION REQUIRED If the Council concurs, it should determine a date and time in which to meet with the Parks and Recreation Commission. page 104 City of Mendota HeightsMay 201612345Cinco de Mayo678Mother's Day9 101112131415Peace Officers161718192021222324252627282930Memorial Day31Ethical core value:"The first step in the evolution of ethics is a senseof solidarity with other human beings." Albert SchweitzerSaturdayCity Council Mtg 7:00MH Spring Clean-UpSundayMonday Tuesday Wednesday Thursday FridayParks Comm Mtg 6:30 Airport Comm Mtg 7:00 Memorial DayCity Council Mtg 7:00Planning Comm Mtg 7:00 City Offices ClosedSMTWTFS12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30April '16SMTWTFS123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30June '16SMTWTFS12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031July '16page 105 City of Mendota HeightsJune 20161234567891011121314 1516171819Father's Day20 21222324252627282930Respectful core value:"We must build a new world, a far better world -one in which the eternal dignity of man is respected." Harry S. 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