2017-10-17 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
October 17, 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 October 3, 2017 City Council Minutes
b. Approval of October 3, 2017 Council Work Session Minutes
c. Acknowledge September 12, 2017 Parks and Recreation Commission Minutes
d. Approve 2018 Insurance Renewal and Election to Not Waive Statutory Tort Limits
e. Approve Ordinance 515, Stop Sign Installations in Rogers Lake Neighborhood
f. Authorize Request for Proposals for the Ivy Hills Park Pond Improvements
g. Approve Purchase of Fire Turn Out Gear
h. Approve Resolution 2017-91, Acceptance of Park Bench Donation from Louis Strobel
i. Acknowledge September Fire Synopsis Report
j. Acknowledge September Building Activity Report
k. Approval of Claims List
6. Public Comments
7. Alcohol Penalty Appeals
a. Resolution 2017-90, Findings And Conclusions Of Appeal Hearings for the
Administrative Penalties Imposed
1. SuperAmerica #4521
2. Haiku Japanese Bistro
3. Mendoberri
8. Public Hearing
a. Resolution 2017-88, Approving Street Vacation of Rogers Avenue
9. New and Unfinished Business
a. Resolution 2017-89, Providing for the Issuance and Sale of $1,370,000 General
Obligation Bonds, Series 2017A
b. South Plaza Drive Crosswalk Improvement
10. Community Announcements
11. Council Comments
12. Adjourn
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 3, 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, MN.
CALL TO ORDER
Mayor Garlock called the meeting to order at 7:00 p.m. Councilmembers Duggan, Paper, and Petschel
were also present. Absent: Councilmember Miller.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Garlock presented the agenda for adoption. City Administrator Mark McNeill requested that item
6h be pulled and forwarded to the Traffic Safety Committee for their review. Councilmember Petschel
moved adoption of the revised agenda.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
FIRE DEPARTMENT PINNING
City Administrator Mark McNeill stated that this is beginning a new tradition and firefighters would be
publicly recognized when they are promoted to an officer position.
Fire Chief Dave Dreelan explained that captains on the Fire Department are appointed to four year
terms. Any firefighter that meets the minimum requirements for the position is encouraged to apply.
This year, six individuals applied for the two open captain positions.
Chief Dreelan publicly recognized Captain Jeff Stenhaug who has been a member of the Mendota
Heights Fire Department for 37 years, and a Captain for 33 years. He was chosen by the selection
committee to retain his position of Captain for another four years.
At this time, Chief Dreelan introduced Firefighter Patrick Noack. He has been promoted to captain. Pat
is a third generation Mendota Heights Firefighter. Pat has been with the Mendota Heights Fire
Department for 10 years and is employed by the South Metro Fire Department as a career firefighter.
City Administrator Mark McNeill presided over the swearing in of Captain Patrick Noack. Mr. Noack’s
wife pinned his Captain’s pin to his uniform.
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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 September 19, 2017 City Council Minutes
b. Acknowledge the August 22, 2017 Planning Commission Meeting Minutes
c. Acknowledge the August 23, 2017 Planning Commission Special Minutes
d. Acknowledge the August 8, 2017 Parks and Recreation Commission Minutes
e. Acknowledge the August 9, 2017 Airport Relations Commission Minutes
f. Approval of Public Works Department Hires
g. Approval of the Purchase and Installation of Wireless Network Equipment for the Fire Station
h. Deferred to a later date
i. Approve Resolution 2017-86, Supporting Dakota County 2018-2022 Capital Improvement Plan
j. Authorize Installation of Electronic Door Access and Panic Button System for City Hall
k. Authorize Traffic Studies for Lake Drive and Delaware Avenue by KLJ Engineering
l. Acknowledgement of the August 2017 Building Activity Report
m. Acknowledgement of the August 2017 Fire Synopsis
n. Approval of the August 2017 Treasurer’s Report
o. Approval of Claims List
Councilmember Paper seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
A) RESOLUTION 2017-81, APPROVING A STREET VACATION OF HILLTOP AVENUE
LYING EASTERLY OF STATE TRUNK HIGHWAY NO. 13 ROW AND THE WESTERLY
ROW LINE OF THOMAS STREET (F/K/A MISSISSIPPI AVENUE) – MENDOTA HEIGHTS
APARTMENTS / MICHAEL DEVELOPMENT, LLC
Community Development Director Tim Benetti explained this was a public hearing on a street vacation
of Hilltop Avenue. The property is located between the former Larsen Garden Center site and the former
Mendota Motel site. This was originally platted as “Doughty Street” under the original Adelia Taylor’s
Addition to the City of St. Paul in 1887. Later, it was replatted as Hilltop Avenue under the Furlong
Addition in 1946. There is no record of Hilltop Avenue ever serving any public purpose. The vacation is
approximately 415 feet long and 60 feet wide at its mid-point. It is unbuildable in its current form.
Michael Development requested this vacated parcel be added to Lot 1, Phase 1 of their development.
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Mr. Benetti explained that State Statute 412.851 allows a City Council, by resolution to vacate any
street. When there has been no petition, the resolution may be adopted by a four-fifths vote of the
Council.
Mayor Garlock moved to open the public hearing.
Councilmember Paper seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
Mr. David Hiner, 1295 Kendon Lane, asked if the City owns this property, and has the City invested
money into the property. If yes, then the property should be sold to Michael Development. City
Administrator Mark McNeill replied that the City does not own title to this property. This had been
platted as a right-of-way for a future street only.
Councilmember Duggan moved to close the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
Councilmember Duggan moved to adopt RESOLUTION 2017-81 APPROVING A STREET
VACATION OF HILLTOP AVENUE LYING EASTERLY OF HIGHWAY NO. 13 AND WEST OF
THOMAS STREET.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2017-82, APPROVING A CONDITIONAL USE PERMIT TO WOODSPRING
HOTELS FOR A NEW 122 ROOM WOODSPRING SUITES HOTEL FACILITY–LOCATED
AT THE SOUTHEAST CORNER OF NORTHLAND DRIVE AND PILOT KNOB ROAD
(PLANNING CASE 2017-22)
Community Development Director Tim Benetti explained that WoodSpring Hotels of Wichita, KS has
applied for a Conditional Use Permit for a proposed 122 room, 4-story hotel on the vacant site generally
located on the southeast corner of the intersection of Northland Drive and Pilot Knob Road. The parcel
is currently zoned Industrial, is 3.76 acres in size, and is adjacent to the Courtyard by Marriott and the
Fairfield Inn. Industrial uses are to the west and the north of the site.
Mr. Benetti referenced the architectural drawings and explained how the height of the building is
determined. In the Industrial District, no building can exceed 45 feet in height. The code allows for the
measurement of the building height to be from the highest point to the lowest point of a gabled roof. In
this case, it worked out to be 42 feet 5 inches.
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Mr. Benetti explained that the footprint of the building is anticipated to be approximately 12,000 square
feet with a building-to-land ratio of 7.5%. The grading plan shows extensive grading for the eastern
edge and the southern edge of the property to tie into the grades off of the adjacent property to the east
and to the state right-of-way to the south. A new pond system would be installed and all utilities are
being brought in either from Northland Drive or from Pilot Knob Road.
A landscape plan was reviewed by the Planning Commission. The applicant is proposing 27 deciduous
type trees, 19 evergreen trees, 11 ornamentals, and a number of shrubs and perennials. The plan was
reviewed by the Dakota County Master Gardeners and they have made some recommendations.
All of the parking will take place in the front and along the sides of the building, with an access road in
the rear. Per City Code, one parking space per room is required. The plan shows a total of 135 parking
spaces, 13 more than the number of rooms.
Mr. Benetti reviewed the proposed signage plan which includes four small monument entry-type signs,
wall signs on each side of the building, a freestanding monument sign at the back of the building, and a
25 foot monopole sign which is 96.45 square feet. Mr. Benetti explained that Title 12-1D-15 Subpart I.4
Comprehensive Sign Plan provides an exception in that a comprehensive sign plan can be presented to
the Planning Commission for approval and the Council can grant extra allowances without approving it
through a variance request.
In response to a question from Councilmember Duggan, Mr. Benetti explained this is a Comprehensive
Sign Plan. Councilmember Duggan continued by stating that he believes that the plan is appropriate.
While reviewing the traffic analysis and the limitations inflicted by the Minnesota Department of
Transportation (MnDOT), Councilmember Petschel noted her major concern is that hotel guests may
have a difficult time when trying to return to the freeway. Mr. Benetti expressed his agreement but with
all of the mapping software available on cell phones, signage, and good communication from the hotel,
he was confident that the guests would find their way.
Councilmember Duggan asked what the distance was from the westerly exit of the proposed hotel
parking lot to the intersection with Pilot Knob. He and Mr. Benetti estimated it to be approximately 115
feet. Councilmember Duggan stated he has driven through the area and believed there is enough
spacing from that entrance to Pilot Knob Road. Councilmember Duggan suggested that the easterly exit
from the property may be the better.
Councilmember Duggan asked if a response had been received from MnDOT on their assessment of this
application. Mr. Benetti replied that if any permits are required from MnDOT, the applicant would
submit those separately.
Councilmember Petschel observed that this is a great location in regards to the Mall of America, the
Minneapolis/St. Paul Airport, and the Viking facility, all located nearby. She expressed her appreciation
of the nice look of the exterior of the building.
Mr. Scott Bixler, Senior Vice President of Development at WoodSpring Hotels, expressed his
appreciation for the positive comments. In regards to the entrance, it is approximately 150 feet from the
intersection. He believes that people will want to exit on the easterly side. They will figure out more
directive signage component to help. WoodSpring Hotels is excited about coming to Mendota Heights
and wants to get going on the project very soon.
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Councilmember Paper asked if there was going to be any type of meeting room space in the hotel. Mr.
Bixler replied that there is a small meeting place near the front of the hotel, but no large meeting rooms.
Councilmember Duggan suggested that, as they make up the brochures to direct their guests on local
venues, they give a little preference to the businesses in Mendota Heights. Mr. Bixler agreed and stated
he feels it is important for their company to become part of the community.
Councilmember Duggan asked if there has been any thought of including a coffee shop for their guests.
Mr. Bixler replied that one of the strategies behind their concept is to try to be simple and
straightforward, to keep the costs down for the consumers. However, hotels are always evolving and
they could take that into consideration. This concept going in here is relatively new.
Councilmember Duggan moved to adopt RESOLUTION 2017-82, APPROVING A CONDITIONAL
USE PERMIT TO WOODSPRING HOTELS LOCATED AT THE SOUTHEAST CORNER OF
NORTHLAND DRIVE AND PILOT KNOB ROAD.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
B) RESOLUTION 2017-83, APPROVING A WETLANDS PERMIT FOR TIM DYRHAUG AT
1773 SUTTON LANE (PLANNING CASE 2017-24)
Community Development Director Tim Benetti explained Mr. Tim Dyrhaug has submitted an
application for a Wetlands Permit to help facilitate the removal and replacement of retaining wall
systems in the back of his home; replacement/repair of a concrete footing pier; and the select removal of
dead or diseased trees and invasive/noxious vegetation in and around the area of work.
The property is located just south of Marie Avenue, with three city-owned lots located to the south of
Mr. Dyrhaug’s residence, each being approximately 0.5 acres in size. There is an existing 1.75 stor y
single-family home on the property. As part of this application, Mr. Dyrhaug requested temporary
construction access through the city parcel for a clear access to the backyard.
Mr. Benetti shared images of the retaining walls and concrete footing piers that show signs of
deterioration, and vegetation that needs to be removed. The current wood retaining walls would be
replaced with natural field stones in a range of sizes, to be professionally installed. Most of the work
being done would be up next to the existing home and would not impact the wetland area in any way.
Councilmember Duggan moved to adopt RESOLUTION 2017-83 APPROVING A WETLANDS
PERMIT TO ALLOW CERTAIN SITE IMPROVEMENTS, REPAIRS AND VEGETATION
REMOVAL FOR THE PROPERTY LOCATED AT 1773 SUTTON LANE.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
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C) RESOLUTION 2017-84, APPROVING A WETLANDS PERMIT FOR JIM CARLSON AT
1562 WACHTLER AVENUE (PLANNING CASE 2017-25)
Community Development Director Tim Benetti explained that this is an “After-the-Fact” Wetlands
Permit as the work had already begun when staff became aware of it. The permit would approve some
site grading work that had already taken place near a creek at the back of the property. The property is a
1.77 acre site, zoned R-1, with an existing 5,300 square foot single-family home.
On August 22, 2017 staff met with Mr. Carlson on his property, walked the site, and took photographs.
Mr. Benetti shared images of the work. The footbridge that Mr. Carlson built over the creek was to
allow mower access to his rear yard across the creek. Before he purchased the property, a neighbor had
been maintaining that rear yard area and had planted trees. As the property owner, Mr. Carlson had no
access to it before the installation of the footbridge.
Mr. Carlson has agreed to replant, reseed, and re-vegetate the area around the creek. He is also asking
for the opportunity to put down some crushed rock or gravel surfacing leading to the footbridge to gain
some traction for the mower.
Councilmember Duggan requested that a condition be added that states that the City is indemnified, not
having inspected the footbridge. City Attorney Tom Lehmann replied that they could add that; however,
he questioned if the City inspects bridges on private properties. Public Works Director Ryan Ruzek
replied that the building official, Mr. Mike Andrejka, does not have any codes to refer to, so there was
not an inspection of the bridge. Councilmember Duggan noted that, if the applicant is accepting of it,
that the indemnification clause still be added.
The applicant was not available for comment.
Councilmember Petschel stated that the City does not inspect bridges and that this is on private property.
She asked if they make a note that the bridge is on private property and its long term use and structural
integrity would be the responsibility of the property owner. Counsel Lehmann indicated that
Councilmember Petschel’s suggestion would be less of a burden on the homeowner than a clause of
indemnification. Councilmember Duggan noted that he would be comfortable with that.
Councilmember Duggan asked, referencing Condition #2 that reads “Owner/Applicant must establish a
wild growth buffer area at least 25 feet in width from the established creek edge”, if that included both
sides of the creek. Mr. Benetti replied in the affirmative. Councilmember Duggan suggested that
clarification be added.
Councilmember Duggan moved to adopt RESOLUTION 2017-84 APPROVING A WETLANDS
PERMIT [AFTER-THE-FACT] TO ALLOW CERTAIN SITE GRADING, IMPROVEMENTS AND
VEGETATION REMOVAL FOR THE PROPERTY LOCATED AT 1562 WACHTLER AVENUE
WITH THE AGREED UPON REVISIONS.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
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D) MENDOTA HEIGHTS ROAD & KENSINGTON STREET IMPROVEMENT PROJECT –
CHANGE ORDER #2
Public Works Director Ryan Ruzek explained that Council was being asked to approve Change Order #2
with Stantec, the consulting engineer on the Mendota Heights Road & Kensington street improvement
project. The Council was reminded that the contractor had discovered an underground lake and a
number of other issues on the Mendota Heights Road portion of the project, all of which had caused a
delay in the project being completed. Additional surveying work was necessary, underground
exploratory work by the geotechnical engineer American Engineering and Testing (AET), replacement
of some larger curb lines that required grade stakes ,as well as grading the center line of the street for
construction of an adequate crown for drainage.
Stantec determined that this work would be an additional $26,800 on the $1,823,171.87 project,
equating to approximately 7.3% of the contract amount. The original contract with Stantec was $90,744
and that they had subcontracted with AET for an additional $15,000. The new contract amount with
Stantec would therefore be $111,834, and the new subcontract with AET would be $20,709.65.
Councilmember Petschel asked how much of a contingency fund was set up to accommodate unforeseen
circumstances. Mr. Ruzek replied that at the feasibility phase, the estimate was $2,111,564 – based on
general unit costs and quantities for the project area. That estimate gets more refined as the plans are
developed and the hope is to obtain good bids on the contract. In this case, the City did receive very
favorable bids. With the contract amount and the change orders, the cost is just over $1.8 million.
Councilmember Petschel clarified by noting that she is aware that when the estimates are done for a
project, the City builds in a certain amount of a buffer for unforeseen circumstances. She then asked if
the City had built this into the budget. Mr. Ruzek replied that staff generally increases the actual
bituminous and gravel estimates by 10% - 20%. There would be some savings that would be seen if the
City does not meet those quantity amounts, that would accommodate this extra expense.
Councilmember Petschel requested that Mr. Ruzek provide his assessment of how things have gone with
the project, and what he would do differently. Mr. Ruzek noted that the assessment hearing on this
project will be held in a couple of weeks, and then staff would have a better idea on the quantities.
Councilmember Paper asked why the Mendota Heights Road portion of the project started so late; why
weren’t they shovel ready right when school let out. Mr. Chad Davison, Project Manager from Stantec,
replied that when they were ready to go out for bids, The Oaks developer requested that there be a water
main added into the project. This addition to the project had to go before St. Paul Regional Water for its
approval. Therefore, with the redevelopment of the plans and this approval process, it set the project
back three weeks. Mr. Ruzek noted that the contractor had a Notice to Proceed in early June, however,
with other projects going on they submitted a start date after July 4th.
Councilmember Petschel asked why the addition of the water main was added to the project after the
plans had already been completed. Mr. Davison replied that they had planned to put the water main in an
easement in the backyards of the development, but that was unacceptable to St. Paul Water.
Councilmember Petschel stated that this should have been cleared last May. Mr. Davison expressed his
agreement. She then asked why that did not occur. Mr. Ruzek replied that when the development was
originally approved, there were other staff members in their positions. As soon as St. Paul Water was
able to review the plans, they said the water main has to be located in the right-of-way.
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Councilmember Paper asked for clarification that this whole project was delayed because of a private
developer. Mr. Ruzek replied that they would have been able to achieve the September 1, 2017 date had
they not discovered the underground lake. Councilmember Paper noted that if they had started closer to
the end of school, it would have left the City the time buffer it needed.
Councilmember Paper explained the frustration is that there were two things that were discussed before
this project started; the importance of getting this project done before school started, and in the
Kensington neighborhood there was discussion about the need to get this done before the start of soccer.
This is not fair to the contractor, with all of the cars coming in at the end of their workday and making it
harder for them. At the same token, the contractor was parking vehicles in the parking lot. That left no
parking for the soccer participants. He said that it created a mess.
Councilmember Paper again asked why the project did not start sooner. Mr. Davison replied that he
believes they were at another project site.
Councilmember Duggan asked for clarification on the water main. Staff explained that the sanitary
sewer goes through an easement in the rear yards of the lots in the development. The developer planned
to install the water main 10 feet off of that sanitary sewer; however, St. Paul Regional Water would not
allow it. Therefore, the water main was installed underneath Condon Court.
Councilmember Petschel expressed her disappointment and stated she feels the City needs to start
adding in time for catastrophic occurrences. She shared Councilmember Paper’s frustration.
Councilmember Paper reiterated that he just does not understand why the project didn’t start sooner;
maybe the City needs to push a little harder to make sure the contractor understands the importance.
Councilmember Petschel moved to approve MENDOTA HEIGHTS ROAD & KENSINGTON STREET
IMPROVEMENT PROJECT – CHANGE ORDER #2.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
E) AWARD CONTRACTS FOR FIBER EXTENSION INSTALLATION AND LATERAL
CONNECTIONS AT CITY HALL AND PUBLIC WORKS BUILDINGS
Assistant City Administrator Cheryl Jacobson explained this request was to continue the work to
connect to the Dakota County fiber ring. Staff requested to award contracts for the installation of conduit
and fiber optics to complete the extension, as well as two lateral connections from the fiber to City Hall
and Public Works.
The primary request was to do the fiber extension from Mendota Heights Road to City Hall, which is
approximately 1.5 miles in length. Current Dakota County fiber exists on Mendota Heights Road, and it
would be brought down Lexington to City Hall.
The bids received reflected the revised request to include the contribution from Dakota County. Staff
worked with Dakota County and came to an agreement that Dakota County would contribute the
materials for the extension, as well as pay two-thirds of the project costs.
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With that, LOGIS sought requests for quotations (RFQ), and received four responses. The lowest quote
was submitted by Castrejon, in the amount of $67,800.
The second and third piece of the fiber project include the lateral connections from the fiber extension to
the Public Works building, as well as to City Hall. The lateral connections are the responsibility of the
City. For the lateral connection to City Hall, the lowest bid was submitted by Castrejon in the amount of
$8,714. For the lateral connection to the Public Works building, the lowest bid was from ComLink in the
amount of $10,494.
Additional costs will be realized as the City connects to Dakota County fiber in regards to the
installation or replacement of switches that are needed. For City Hall, LOGIS has proposed a cost of
$6,000 for those new switches and a cost proposal of $1,000 for Public Works.
In addition, staff requested that the City be authorized to continue to work with LOGIS as the project
manager. LOGIS is proposing a project management cost of not more than 20 hours per project, at $115
per hour.
Overall, Ms. Jacobson said that the total investment on these three projects would be $55,706.
Councilmember Duggan expressed appreciation and thanks to the partners in Dakota County for helping
defray some of the costs. He said that they have been a good partner for many years.
Councilmember Petschel stated that a recent near-catastrophic event emphasized the need of this project.
Councilmember Duggan moved to 1) AWARD A CONTRACT FOR THE INSTALLATION OF
CONDUIT AND FIBER OPTIC CABLE TO COMPLETE THE FIBER BACKBONE EXTENSION IN
AN AMOUNT NOT TO EXCEED $67,800 AND A CONTRACT FOR THE COMPLETION OF THE
LATERAL CONNECTION FROM THE DAKOTA COUNTY FIBER RING TO CITY HALL IN AN
AMOUNT NOT TO EXCEED $8,714 TO CASTREJON; AND
2) AWARD A CONTRACT FOR COMPLETION OF THE LATERAL CONNECTION FROM THE
DAKOTA COUNTY FIBER RING TO PUBLIC WORKS TO COMLINK, IN AN AMOUNT NOT TO
EXCEED $10,494; AND
3) AUTHORIZE LOGIS TO CONTINUE TO SERVE AS PROJECT MANAGER WITH BILLABLE
HOURS NOT TO EXCEED 20 HOURS PER PROJECT AT A RATE OF $115 PER HOUR; AND
4) AUTHORIZE THE PURCHASE AND INSTALLATION OF NEW AND REPLACEMENT
SWITCHES FOR USE IN THE COMPLETION OF LATERAL CONNECTIONS TO CITY HALL
AND PUBLIC WORKS BUILDINGS TOTALING $7,000 AND TO BE INSTALLED BY LOGIS.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
F) RESOLUTION 2017-85, ACCEPT BIDS AND AWARD CONTRACT FOR THE 2017 CITY
HALL LOWER LEVEL REMODELING/EXTERIOR WALL MASONRY REPAIR PROJECT
City Administrator Mark McNeill explained that staff opened bids on the remodeling project on
September 28, 2017. He reminded Council that the three purposes of this project were to make the
Police Department more functional, repair damage from previous water intrusion, and to make masonry
repairs to eliminate another source of future water leaks.
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October 3, 2017 Mendota Heights City Council Page 10 of 11
He said that eight bids were received, ranging from $228,000 to just over $358,000. The low bid was
submitted by Dering Pearson Group LLC of Rogers, MN. This bid price does include Alternates 2 and 3
(Alternate #2—Corrective masonry work and window sealant replacement on the north side of the City
Hall building; and Alternate #3—Same as #2, on the west side of the City Hall building). Staff
recommended not to accept Alternate #1, which would have removed showers in the two locker rooms
in order to provide for additional storage.
Mr. McNeill drew the Council’s attention to the Budget Impact section in the materials provided to them
for the meeting and noted that the cost would be approximately $301,500 ($228,000 contract with
Dering Pearson, $68,500 for architectural services, and $5,000 for remaining mold remediation). He said
that earlier in the meeting, the Council had authorized the Door Security System in the amount of
$39,817. There are also some other items on the list that staff believed they could do themselves for less
cost. All in all, McNeill said that the total project cost is estimated to be $431,117. Funding to date
would come from the Water Tower Fund, which currently has a total balance of approximately
$500,000.
Councilmember Duggan noted that the resolution before them was for a ‘not to exceed’ amount of
$228,000; however, the total project cost is estimated to be $431,117; and asked why the difference.
Mr. McNeill replied that the only item before Council for approval this evening is the accepting of bids
and awarding the proposed contract to Dering Pearson.
Councilmember Petschel asked if there were supposed to be weep holes behind the bricks. Mr. McNeill
replied that there are weep holes; however, the problem was that they were found to have been buried by
subsequent landscaping, so those were not able to function as designed.
Councilmember Duggan moved to adopt RESOLUTION 2017- 85 ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE 2017 CITY HALL LOWER LEVEL REMODELING AND
EXTERIOR WALL MASONRY REPAIR PROJECT.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
RESOLUTION 2017-87, APPOINT CANDIDATE TO FILL VACANCY-
PARKS AND RECREATION COMMISSION
City Administrator Mark McNeill stated that the Council had interviewed six candidates for the open
position on the Parks and Recreation Commission.
Councilmember Duggan nominated Ms. Nissa Tupper, and noted that the breadth, scope, and quality of
all of the candidates as being a tribute to Mendota Heights.
Councilmember Duggan moved to adopt RESOLUTION 2017-87, APPOINTING CANDIDATE
NISSA TUPPER TO FILL THE VACANCY ON THE PARKS AND RECREATION COMMISSION.
Councilmember Paper seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
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October 3, 2017 Mendota Heights City Council Page 11 of 11
G) SET DATE FOR CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS
City Administrator Mark McNeill explained that the City has four labor contracts coming up for renewal
at the end of the year. Staff has met with one of the contract representatives and another is scheduled to
meet the following week. Staff requested the Council set a date for a closed session for discussing labor
negotiation strategy.
After Council discussion, Mayor Garlock set the Council Closed Session to Discuss Strategy for Labor
Negotiations for Monday, October 16, 2017 starting at 1:30 p.m.
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill made the following announcements:
Buckthorn Removal Education Session at Rogers Lake Park at October 7, 2017.
Residents can drop off brush for the bonfire from October 26th through October 31, 2017.
COUNCIL COMMENTS
Councilmember Petschel stated that many people are aware of a near pedestrian fatality on Dodd Road,
near South Plaza Drive. There is a sidewalk that goes past the Fire Station and a crosswalk on Dodd
leading to Mendota Plaza. She requested that the Traffic Safety Committee review this area and see
what could be done to improve the safety for pedestrians.
She also noted that Mr. Chad Leqve, the MAC’s Environment Department Director has received the
Randy Jones Award for Excellent in Airport Noise Mitigation, Abatement, and Management. This is the
highest award that can be achieved in Chad’s field of expertise.
Councilmember Duggan echoed the sentiments regarding Mr. Chad Leqve.
Mr. Duggan noted that the City is looking for a name for the new Highway 110 pedestrian tunnel.
Information on how residents can submit suggestions for names can be found on the City’s website.
Councilmember Paper said “Happy New Year” and “Go Twins”.
ADJOURN
Mayor Garlock moved to adjourn.
Councilmember Paper seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
Mayor Garlock adjourned the meeting at 8:29 p.m.
____________________________________
ATTEST: Neil Garlock
Mayor
_______________________________
Lorri Smith
City Clerk
page 13
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Work Special Meeting
Tuesday, October 3, 2017
Pursuant to due call and notice thereof, a special meeting of the Mendota Heights City Council was held
at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 5:17 p.m. Councilmembers Duggan, Paper and Petschel
were present. Staff in attendance included City Administrator Mark McNeill and Assistant City
Administrator Cheryl Jacobson.
Absent: Councilmember Miller
INTERVIEWS OF CANDIDATES FOR THE VACANT PARKS AND RECREATION COMMISSION
POSITION.
The City Council interviewed the following individuals who had applied for the vacant position, which
was created by the transfer of Michael Toth to the City’s Planning Commission: James Donehower,
Patrick Watson, Tyler Wilsey, Nissa Tupper, Tom Clifford, and Dan Johnson.
Following the completion of the interviewed, the Council discussed the candidates, in preparation for the
appointment which would be made later that evening at the regular meeting of the City Council.
ADJOURN
Mayor Garlock adjourned the meeting at 6:56 p.m.
____________________________________
Neil Garlock, Mayor
ATTEST:
_______________________________
Lorri Smith, City Clerk
page 14
CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION MEETING
September 12, 2017
The September meeting of the Mendota Heights Parks and Recreation Commission was held on
Tuesday, September 12, 2017, at Mendota Heights City Hall, 1101 Victoria Curve.
1. Call to Order--Chair Pat Hinderschied called the meeting to order at 6:30 p.m.
2. Roll Call--The following Commissioners were present: Chair Par Hinderscheid,
Commissioners Ira Kipp, Steve Goldade, David Miller, Bob Klepperich, and Stephanie Levine.
Also present was Student Representative Claire Dunham. Staff present: Assistant City
Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, and City Administrator
Mark McNeill.
Absent: Student Representative Miles Bowen.
3. Approval of Agenda
The agenda was approved as presented
4. Approval of Minutes from August 8th, 2017
Motion Levine/second Klepperich to approve the minutes of the August 8, 2017 Parks and
Recreation Commission meeting. AYES 6: NAYS 0
5. Unfinished and New Business
5.a Informational Presentation--MHAA
Mendota Heights Athletic Association Executive Director John Masica presented an update on
the MHAA operation. He said that, as a private organization, finances were best discussed at
a MHAA meeting. In response to a question from Chair Hinderscheid, he did acknowledge
that at one time, the City did make financial contribution to the organization, but that ended
in 2015. The City does make a small contribution for the operation of T-ball. Otherwise, he
said that 95% of the revenue is from registrations. The Annual Meeting is in January, when
financials will be discussed in more detail.
He made a Power Point presentation, noting that it had begun in Eagan in 1960, and changed
its name to the present one in 1995. It serves ages 3-15, and is all volunteer. He is the only
paid employee. There are 450 volunteers as coaches and assistants who make the
organization work. Soccer is the largest program, with 772. Registrations are increasing at 8
to 10% annually.
He said needs included:
• Additional field space, including upgrades and maintenance
• Lacrosse fields
• Additional gym space
page 15
• More volunteers
Commissioner Goldade asked for a prioritized list of parks’ needs.
5.b Resignation of Commissioner Michael Toth/Election of Vice Chair
Ms. Jacobson reported that the City Council had appointed Michael Toth to a vacancy on the
Planning Commission, and, as a result, he has had to resign from his position on the Parks and
Recreation Commission. The Council has authorized an advertisement to be made to fill the
position.
In the meantime, a new vice–chair of the Parks and Recreation Commission will have to be
determined, as Mr.Toth held that office. Discussion followed regarding Commissioner
Goldade to serve in that capacity. Commissioner Miller was also asked about his interest in
the position, but he declined to be considered.
Motion Levine/second Klepperich to nominate Commissioner Goldade to serve as Vice Chair
through February, 2018. AYES 6: NAYS 0
5.c Dakota County Comprehensive Plan Update
A presentation was given regarding the County’s Comprehensive Plan update, including the
Natural Systems plan.
No action was taken.
5.d Rogers Avenue Right of Way Vacation
Public Works Director Ryan Ruzek presented information about a petition for the vacation of
an unused street right of way south of Wagon Wheel Trail west of the “S” curve. He said the
Public Hearing for this is October 17th. The item was on the agenda so that the Commission
could provide comments.
He said that the right of way had never been developed. Questions were asked about any
benefits of the vacation, and whether it could be used for fishing access. Mr. Ruzek noted it
would reduce the City’s liability for tree maintenance, and that due to problems with access,
the recommendation of staff was for the vacation to take place. He said that anyone is
welcome to speak at the Public Hearing.
5.e Roger Lake
Mr. Ruzek said that the meeting between the Rogers Lake HOA and the DNR had not yet been
scheduled. Commissioner Kipp recommended that more than one bench be placed on shore,
and on the fishing pier, for people to sit. He further stated that the lack of a place for people
to dispose of fireplace ashes properly caused phosphorus to leach into the lake.
5.f Parks, Recreation, and Programming
Shuffleboard--Commissioner Kipp asked that people who might be interested in more
page 16
shuffleboard opportunities to call City Hall to let their feelings be known.
Basketball at Marie Park Hockey Rink—Commissioner Goldade asked for a bigger discussion
on how to provide basketball in the parks. Chair Hinderscheid asked staff to investigate what
it would cost to set up a basketball facility with two hoops, and whether a second hoop could
be added in areas with a single hop currently? He said that Ivy Falls has a lot of space.
Market Square Picnic Area—Staff reported that a local resident had asked for picnic facilities
to be added to Market Square Park. Mr. Ruzek reported that while it is a City Park, the
developer of the Village (RMF Group) is responsible for maintenance. He said that the RMF
group is undergoing some reorganization changes now, and therefore any improvements at
that park would need to go through the City.
No action was taken.
6. Reports
6.a Park and Recreation Commission Activity Report
Chair Hinderschied reviewed the log of action items. Items noted included:
• Master gardeners had provided information to staff about landscaping at the Par 3
• The Dodd Road Trail study is now “on the shelf”, and no further action is being
pursued
• Discussed adding 1% funding to future City levies for when the hockey debt is retired
• Status of school art in City Hall. Ms. Jacobson will check the status
• A grant is needed for an archery range; Commissioner Kipp felt it should be pursued
• Dog Park gate for a larger mower to access is needed. Mr. Ruzek will follow-up on its
status with John Boland of Public Works.
• Natural Resources to be discussed at October Commission meeting.
• Marie Park Tennis Improvements to be design for installation in Spring, 2018.
• Playground inspections done as observed by Public Works, or when reported by
member of the public. Invite Landscape Structures to next meeting; let them know
the time limit will be 15-20 minutes.
• Commission desires an annual $50,000 in budget for parks improvements
6.b Par 3 Update
Ms. Jacobson provided on update on the facility. She reported on use by the Women’s and
junior leagues, and golf camps. She said that Meredith Lawrence has been providing much
needed help during the vacancy of the Recreation Coordinator position. Ms. Jacobson
reported that she will have the financial reports for the Commission at the next month’s
Commission meeting.
6.c Recreation Updates
Ms. Jacobson states that the Recreation Coordinator position will be posted later that week.
page 17
She updated the Commission on the skate park, and upcoming MEA week field trips.
Chair Hinderschied asked about weeds which existed in the play areas of the park. Mr. Ruzek
said that he would check with Public Works. The Chair also asked whether it would be
possible to stripe the tennis courts for pickle ball; Ms. Lawrence felt that that might be
confusing to players.
7. Commission Comments
Several Commissioners expressed their appreciation to Mr. Toth for his service on the
commission.
Commissioner Goldade asked Student Rep Claire Dunham if she could get a group of high
schoolers together to discuss what they wanted from Mendota Heights parks. The Chair and
Vice Chair (and whatever other commissions were interested) could attend). He stated that
he would also like to see a family night at Par 3 in 2018.
Adjourn
Motion Kipp/Second Klepperich to adjourn the meeting at 8:34 PM
AYES 6: NAYS 0
Minutes Taken By:
Mark McNeill
City Administrator
page 18
DATE: October 17, 2017
TO: Mayor and City Council
FROM: Kristen Schabacker, Finance Director
SUBJECT: Liability Insurance Renewal
INTRODUCTION
The Council is asked to determine if it desires to waive monetary limits on legal claims against
the City.
BACKGROUND
Each year LMCIT requires the City to decide if it wishes to purchase additional liability
coverage and a waiver of monetary limits on the claims. The base coverage is $1,500,000, which
is the basic statutory limit. In the past, Mendota Heights has chosen not to purchase additional
coverage, and elected not to waive the statutory tort limits.
The City’s insurance coverage period runs November 1, 2017 to November 1, 2018.
BUDGET IMPACT
N/A
RECOMMENDATION
Staff recommends that the Mendota Heights City Council pass a motion to not purchase
additional liability coverage and elect not to waive the statutory tort limits.
ACTION REQUIRED
If the Council concurs, it should pass a motion to not purchase additional liability coverage, and
elect not to waive the statutory tort limits.
page 19
REQUEST FOR COUNCIL ACTION
DATE: October 17, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Ordinance 515: Rogers Lake Neighborhood – Assign Through Streets and Stop
Streets
COMMENT:
INTRODUCTION
The Council is asked to approve Ordinance 515 amending City Code; Title 6, Chapter 3, Section
1 designating through streets and stop streets in the Rogers Lake neighborhood.
BACKGROUND
The Rogers Lake neighborhood has a number of “T” intersections that currently are not
controlled. The Traffic Safety Committee (TSC) is recommending that stop signs be placed at 5
intersections to assist with traffic calming and safety.
DISCUSSION
City staff attended a neighborhood meeting with residents in September where a number of
traffic concerns were discussed. The TSC will be having additional discussions on these issues
at their October meeting. It is proposed to install traffic control at the “T” intersections shown
on the attached map. A goal of these improvements are to promote traffic to utilize Lake Drive
versus cutting through the Rogers Lake neighborhood.
Intersections to be added include:
Through Streets Stop Streets
Cheri Lane Cygnet Lane
Lake Drive Kressin Avenue
Lake Drive Rogers Avenue
Lake Drive Swan Drive
Swan Drive Bluebill Drive
Wagon Wheel Trail Cygnet Lane
BUDGET IMPACT
Public Works would need to purchase and install 5 stop signs at approximately $150 each (two
posts, sign, and hardware).
page 20
RECOMMENDATION
The Traffic Safety Committee (TSC) recommends that stop signs be installed at the identified
intersections.
ACTION REQUIRED
Staff recommends that the city council pass a motion adopting Ordinance 515, “AN
ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 1 OF THE CITY CODE”.
This action requires a simple majority vote.
page 21
City of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO. 515
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 1 OF THE CITY CODE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
The following streets are hereby added to be designated as through streets and Stop streets to Title 6,
Chapter 3, Section 1, Paragraph A of the City Code:
Through Streets and Stop Streets Designated:
Through Streets Stop Streets
Cheri Lane Cygnet Lane
Lake Drive Kressin Avenue
Lake Drive Rogers Avenue
Lake Drive Swan Drive
Swan Drive Bluebill Drive
Wagon Wheel Trail Cygnet Lane
Adopted and ordained into an Ordinance this 17th day of October, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
___________________________
Neil Garlock, Mayor
ATTEST:
______________________________
Lorri Smith
City Clerk
page 22
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page 23
DATE: October 17, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Ivy Hills Park – Pond Dredging and Drainage Improvements
COMMENT:
INTRODUCTION
Council is asked to authorize staff to issue a Request for Proposals for the design, testing and
construction management to dredge to Ivy Hills Park pond.
BACKGROUND
Staff has received a number of calls regarding the pond in Ivy Hills Park having a sulfur odor.
This typically occurs when bacteria grows in a non-oxygenated environment. Staff assessed the
pond and discovered that the lowest pond skimmer outlet is not functioning due to excessive
sediment build up in the pond. Public Works crews pumped the pond down multiple times this
summer to allow oxygen to reach the sediment.
City staff also met to discuss potential improvements to a low area near the parking lot that has
been consistently wet and suffocating surrounding trees.
DISCUSSION
Staff met with a consulting engineer for a potential dredging project. The pond is listed as a
natural wetland versus a storm water treatment pond which will require multiple permits to other
agencies (Minnesota Board of Water & Soil Resources (BWSR), Minnesota DNR, Dakota
County SWCD, US Army Corps and Lower Mississippi WMO).
The first step in this process is to perform a wetland delineation which needs to be completed
prior to the end of the growing season.
A second step is to assess the amount of sediment and test some of the material for potential
contaminants. If the material is free of contaminants it could be used to fill the low area near the
parking lot. If contaminants are noted, the fill would need to be disposed of in a landfill.
Emmons & Oliver Resources, Inc. was given a Notice to Proceed on the wetland delineation on
October 10, 2017. The delineation contract is for a not-to-exceed amount of $2800.
Staff is also seeking quotes for extending a storm sewer as an alternative option if the material is
not acceptable as fill to correct the drainage concern near the parking lot.
page 24
BUDGET IMPACT
The dredging of the pond would be paid for through the Storm Water Utility Fund. The City
currently has $80,000 budgeted for pond maintenance. A storm sewer extension is estimated to
cost around $20,000. The wetland delineation portion of the project is for a not-to-exceed
amount of $2800 paid for from the storm water utility fund.
RECOMMENDATION
Staff recommends that council acknowledge to wetland delineation contract and authorize staff
to develop and issue an RFP for a dredging project.
ACTION REQUIRED
If Council agrees with the staff recommendation, it should make a motion authorizing staff to
issue a Request for Proposals for the Ivy Hills Park Pond Improvements.
page 25
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SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
10/6/2017
Low/soggy areaFill with dredged material orextend storm sewer
Dredge Pond
page 26
DATE: October 17, 2017
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Dave Dreelan, Fire Chief.
SUBJECT: Purchase of Fire Turn-out Gear
INTRODUCTION
The City Council is asked to authorize the purchase of six sets of turnout gear for use by
firefighters.
BACKGROUND
The 2017 fire department budget allows for the purchase of up to six sets of turnout gear (fire
coats and pants). A recent inspection of the gear by the department’s safety committee found that
there are 6 sets of gear that are in immediate need of replacement.
We have received two quotations for replacement gear that meets the departments’
specifications. Fire Equipment Specialties at $2,475/set and Lion Apparel at $2,637/set. The
total cost of the six sets at the lower price is $14,850.
BUDGET IMPACT
This expense was planned for in the 2017 budget. Funds from the fire department operating
budget will be used to purchase the turnout gear.
RECOMMENDATION
It’s my recommendation that we move forward with the turn-out gear purchase for the estimated
amount of $14,850 from Fire Equipment Specialties.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize the purchase of six set of fire turnout gear
from Fire Equipment Specialties, at a cost of $14,850.
page 27
DATE: October 17, 2017
TO: Mayor and City Council, City Administrator
FROM: Cheryl Jacobson, Assistant City Administrator
SUBJECT: Park Bench Donation-Louis Strobel
COMMENT:
Introduction
The City Council is asked to accept a park bench donation from Louis Strobel.
Background
Louis Strobel has submitted a request to make a donation through the City’s Park Bench
Donation Program in memory of his wife Nancy. Mr. Strobel has requested to place the bench
in Valley Park at the “t” section of the trail on the west side near the second bridge.
The Park Bench Donation program was adopted in 2001. Through the program, a resident may
donate $1000 to the city to offset the costs to purchase and install a park bench. Any costs above
the donated amount would be the responsibility of the city.
The Parks and Recreation Commission will consider the location of the bench at its November
Commission meeting.
Budget Impact
The $1000 donation will be used toward the purchase and installation of the park bench. Costs
exceeding $1000 may be drawn from the Parks Equipment/Maintenance budget.
Recommendation
Staff recommends accepting the park bench donation.
Action Required
If the council concurs, it should, by motion pass RESOLUTION 2017-91, A RESOLUTION
FORMALLY ACCPETING A DONATION FROM LOUIS STROBEL.
page 28
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2017-91
RESOLUTION FORMALLY ACCEPTING A GIFT FROM LOUIS STROBEL
WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to
Municipalities”; and
WHEREAS, the Minnesota Statute requires a resolution to accept gifts to municipalities; and
WHEREAS, the City has previously acknowledged gifts with a resolution; and
WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter
and wish to acknowledge the civic mindedness of citizens and officially recognize their
donations.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota
Heights formally accepts $1,000 from Louis Strobel in memory of Nancy Strobel for a park
bench donation.
Adopted by the City Council of the City of Mendota Heights this 17th day of October, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
_________________________
Lorri Smith, City Clerk
page 29
Request for City Council Action
MEETING DATE: October 17, 2017 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: September 2017 Fire Synopsis
COMMENT:
Fire Calls
The department responded to 25 calls for the month. Of those calls, 20 calls were located in
Mendota Heights, one in Mendota, two in Sunfish Lake and two in Lilydale. Three of the calls
were false alarms due to equipment malfunctions and six were due to unintentional alarm
activations. Eleven calls were classified as good intent, we had one utility check and three were
medical in nature. Finally, on September 28th we were dispatched to a structure fire on Pagel
Road where the fire was contained to the room of origin.
Monthly Department Training
For September, our department was able to have our monthly department drill at the former
Mendota Heights motel property. Three separate and distinct stations were set up allowing
firefighters to ventilate a roof (by cutting holes in the roof) with chain saws and opening up the
ceiling below from the roof. The second station had firefighters doing a simple search in an
unfamiliar space that was smoke filled with zero visibility. Finally, the third station had
firefighters going into a multi room scenario that was filled with smoke, finding the seat of the
fire, and doing a search for victims before exiting.
Monthly Squad Training
Our squad drills were spent working on single company operations which allowed for a single
crew on one truck to do all of the operations for a complete fire attack. This drill is done annually
to allow firefighters to rotate through multiple roles on the truck and strengthen their job
familiarity of each position.
page 30
MENDOTA HEIGHTS FIRE DEPARTMENT
SEPTEMBER 2017 MONTHLY REPORT
FIRE CALLS NO. 17199 -17223 NUMBER OF CALLS:25
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential 1 $10,000 $7,500 $163,300
Structure - Contract Areas $50
Vehicle - MH $2,000
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
MEDICAL
Assist 3 $0 $10,000 $7,500
Extrication
HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS
Spills/Leaks 1
Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$17,500 $165,350
Chemical
Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $155,800
FALSE ALARM
Residential Malfunction 2 MEND. HTS. ONLY MISCELLANEOUS $9,500
Commercial Malfunction 1
Unintentional - Commercial 2 MEND. HTS. TOTAL LOSS TO DATE $165,300
Unintentional - Residential 4
Criminal BILLING FOR SERVICES
GOOD INTENT
Smoke Scare 4 AGENCY THIS MONTH TO DATE
Steam Mistaken for Smoke
Other 7 MN/DOT $0
MUTUAL AID MILW. RR $0
CNR RR $0
TOTAL CALLS 25 OTHERS:
$0
LOCATION OF FIRE ALARMS:TO DATE LAST YEAR
TOTALS:$0 $0
MENDOTA HEIGHTS 20 167 139
MENDOTA 1 9 3 FIRE MARSHAL'S TIME FOR MONTH
SUNFISH LAKE 2 12 21
LILYDALE 2 24 13 INSPECTIONS 32
OTHER 11 12
INVESTIGATIONS 0
TOTAL 25 223 188
RE-INSPECTION 0
WORK PERFORMED HOURS TO DATE LAST YEAR
MEETINGS 3
FIRE CALLS 316 3218 2865.5
MEETINGS 20.5 325 312 ADMINISTRATION 14
DRILLS 163.25 1403.75 1502
WEEKLY CLEAN-UP 32 303.5 338.5 SPECIAL PROJECTS 2
SPECIAL ACTIVITY 150 1614.5 1785.5
ADMINISTATIVE 0 0 TOTAL 51
FIRE MARSHAL 51 414.5 364.5
TOTALS 732.75 7279.25 7168 REMARKS:SEE OTHER SIDE FOR SYNOPSIS
page 31
10/10/2017 Mendota Heights Building Activity Report Mike Andrejka, Building Official
September 1, 2017 thru September 30, 2017 January 1, 2017 thru September 30, 2017 January 1, 2016 thru September 30, 2016 January 1, 2015 thru September 30, 2015
Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected
SFD 0 -$ $0.00 SFD 6 2,894,201.34$ $32,332.59 SFD 6 2,477,850.00$ $28,963.59 SFD 8 4,064,744.00$ 44,424.62$
APT 0 -$ $0.00 APT 2 23,022,000.00$ $158,402.65 APT 0 -$ $0.00 APT 0 -$ -$
Townhouse 0 -$ $0.00 Townhouse 6 1,340,000.00$ $13,475.51 Townhouse 14 3,255,000.00$ $34,159.81 Townhouse 4 1,080,000.00$ 13,706.56$
Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$
Misc 67 1,304,746.42$ 14,898.40$ Misc 491 7,735,799.61$ 103,697.48$ Misc 461 5,818,529.62$ 84,229.01$ Misc 489 7,100,347.20$ 110,031.31$
Commercial 5 2,935,225.00$ $25,998.20 Commercial 30 9,011,692.00$ $89,128.57 Commercial 22 6,708,104.00$ $56,212.98 Commercial 31 5,424,476.00$ 61,417.45$
Sub Total 72 4,239,971.42$ 40,896.60$ Sub Total 535 44,003,692.95$ 397,036.80$ Sub Total 503 18,259,483.62$ 203,565.39$ Sub Total 532 17,669,567.20$ 229,579.94$
Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected
Plumbing 23 $1,860.55 Plumbing 144 $27,432.25 Plumbing 169 $15,403.28 Plumbing 166 15,440.24$
Water 0 $0.00 Water 0 $0.00 Water 3 $30.00 Water 6 60.00$
Sewer 1 $75.00 Sewer 25 $1,888.00 Sewer 25 $1,875.00 Sewer 12 750.00$
Mechanical 34 $16,894.61 Mechanical 286 $50,414.23 Mechanical 302 $40,684.69 Mechanical 265 28,552.25$
Sub Total 58 18,830.16$ Sub Total 455 79,734.48$ Sub Total 499 $57,992.97 Sub Total 449 44,802.49$
License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected
Contractor 8 $400.00 Contractor 291 $14,550.00 Contractor 276 $13,800.00 Contractor 282 14,100.00$
Total 138 4,239,971.42$ 60,126.76$ Total 1281 44,003,692.95$ 491,321.28$ Total 1278 18,259,483.62$ 275,358.36$ Total 1263 17,669,567.20$ 288,482.43$
NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals
page 32
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page 45
DATE: October 17, 2017 TO: Mayor, City Council, and City Administrator
FROM: Kelly McCarthy, Chief of Police
Lorri Smith, City Clerk SUBJECT: Hearing for Liquor License Violations & Proposed Penalties
INTRODUCTION
The Council is asked to hear appeals from three businesses who violated the city code and state statute
regulations regarding the sale of alcohol to minors
BACKGROUND
On September 8, 2017, the Mendota Heights Police Department conducted the annual alcohol
compliance checks. Five businesses sold alcohol to a minor in violation of state statute 340A.503 and
Mendota Heights City Code 3-1-13 B.
The administrative penalties for violation of the state law and city ordinance are set out in the City’s fee
schedule. Pursuant to City Code 3-1-13, B. and Minnesota Statutes 340A.501, every licensee is
responsible for the conduct and order in the licensed establishment.
Two of the businesses that failed the compliance check, Teresa’s and Tommy Chicago’s, have paid the
administrative fine and have fulfilled the 3-day suspension of alcohol sales. Three businesses that failed
the compliance check have requested to appeal the administrative fine and suspension of their licenses.
DISCUSSION
The City Council is asked to conduct a hearing on the proposed administrative fine and suspension of
the alcohol license issued to the following businesses:
SuperAmerica #4521, 1080 Highway 110, holds an off sale 3.2 percent malt liquor license. During this
compliance check, an employee of SuperAmerica #4521 made a sale of an alcoholic beverage to an
under-aged person after swiping the identification on the computer that was supposed to notify him if
an individual was under 21 years of age. This is the first violation for this licensee.
Haiku Japanese Bistro, 754 Highway 110, holds an On Sale w/Sunday Intoxicating liquor license.
During this compliance check, an employee of Haiku Japanese Bistro made a sale of an alcoholic
beverage to an under-aged person without attempting to verify the age of the customer. This is the first
violation for this licensee.
Mendoberri, 730 Main Street, holds a wine license and an on-sale 3.2 percent malt liquor license.
During this compliance check, an employee of Mendoberri made a sale of an alcoholic beverage to an
under-aged person without attempting to verify the age of the customer. This is the first violation for
this licensee.
page 46
Per the City’s fee schedule, the liquor license violation fines are as follows:
First Violation within a 2 year rolling time period $1,000 fine + 3 day suspension of license
Second Violation within a 2 year rolling time period $1,500 fine + 6 day suspension of license
Third Violation within a 2 year rolling time period $2,000 fine + 9 day suspension of license
Fourth Violation within a 2 year rolling time period Revocation: minimum 1 year from revocation date
Staff recommends imposing the administrative penalty for first violation for each licensee, per the
City’s fee schedule.
Alternative Options:
Pursuant to Minnesota Statutes, Section 340A.415 and Mendota Heights City Code 3-1-20, the City
Council may take the following action(s):
1. Impose a fine not to exceed $2,000 for each violation
2. Suspend the liquor license for up to 60 days
3. Revoke the liquor license
4. Impose any combination of these sanctions
5. Choose to impose no penalty
RECOMMENDATION
The Council should hear the appeal from the licensees and then make a decision on what administrative
penalty the council deems appropriate, keeping in mind that two of the licensees who failed the
compliance checks on September 8, 2017 have accepted the administrative penalty as adopted by the
City’s fee schedule.
The Council should pass Resolution 2017-90 if it desires to be consistent with the City’s fee schedule.
ACTION REQUIRED
If the Council concurs, it should, by motion adopt the following resolution:
RESOLUTION 2017 - 90
FINDINGS AND CONCLUSIONS OF APPEAL HEARINGS HELD FOR THE
ADMINISTRATIVE PENALTIES IMPOSED FOR VIOLATION OF THE
ALCOHOLIC BEVERAGES CITY CODE REGULATIONS
page 47
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017 - 90
FINDINGS AND CONCLUSIONS OF APPEAL HEARINGS HELD FOR THE
ADMINISTRATIVE PENALTIES IMPOSED FOR VIOLATION OF THE
ALCOHOLIC BEVERAGES CITY CODE REGULATIONS
WHEREAS, the City was notified in writing that the following licensees wished to
appeal the administrative penalty they received for their failure of the compliance checks
completed by the Mendota Heights Police Department on September 8, 2017; and
WHEREAS, the licensees were given 10 days written notice of the date and time set
for the appeal hearings; and
WHEREAS, a hearing was held on October 17, 2017, before the Mendota Heights City
Council to consider the administrative penalties issued to:
SuperAmerica #4521, 1080 Highway 110, which holds an off sale 3.2 percent malt liquor license.
Haiku Japanese Bistro, 754 Highway 110, which holds an On Sale w/Sunday Intoxicating liquor license.
Mendoberri, 730 Main Street, which holds a wine license and an on-sale 3.2 percent malt liquor license.
NOW, THEREFORE, BE IT RESOLVED, by the City Council that:
The Mendota Heights City Council, based upon the record and evidence presented at
said hearing, makes the following:
FINDINGS
1. That SuperAmerica #4521, 1080 Highway 110, holds an off sale 3.2 percent malt liquor
license; and that an employee of SuperAmerica #4521 sold alcoholic beverages to an
under-aged person without correctly verifying the age of the customer, in violation of City
Code Section 3-1-17 and MN State Statutes 340A.503.
2. That Haiku Japanese Bistro, 754 Highway 110, holds an On Sale w/Sunday Intoxicating
liquor license; and that an employee of Haiku Japanese Bistro sold an alcoholic beverage to
an under-age person without correctly verifying the age of the customer, in violation of
City Code Section 3-1-17 and MN State Statutes 340A.503.
3. That Mendoberri, 730 Main Street, holds a wine license and an on-sale 3.2 percent malt
liquor license; and that an employee of Mendoberri sold an alcoholic beverage to an under-
age person without correctly verifying the age of the customer, in violation of City Code
Section 3-1-17 and MN Statutes 340A.503.
4. That this is the first liquor license violation for each of the licensees, within the last two
years.
page 48
NOW, THEREFORE, the Mendota Heights City Council makes the following:
CONCLUSIONS
1. That SuperAmerica #4521, 1080 Highway 110, shall be imposed an administrative fine of
$ 1,000 and a 3 day suspension of their license. The fine shall be paid by October 27,
2017. The liquor license shall be suspended for the following 3 consecutive days:
November 6 , 7, 8 , 2017.
2. That Haiku Japanese Bistro, 754 Highway 110, shall be imposed an administrative fine of
$ 1,000 and a 3 day suspension of their license. The fine shall be paid by October 27,
2017. The liquor license shall be suspended for the following 3 consecutive days:
November 6 , 7 , 8 , 2017.
3. That Mendoberri, 730 Main Street, shall be imposed an administrative fine of
$ 1,000 and a 3 day suspension of their license. The fine shall be paid by October 27,
2017. The liquor license shall be suspended for the following 3 consecutive days:
November 6 , 7 , 8 , 2017.
Adopted by the Mendota Heights City Council this 17th day of October, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
___________________________
Neil Garlock, Mayor
ATTEST
______________________________
Lorri Smith, City Clerk
page 49
REQUEST FOR COUNCIL ACTION
DATE: August 15, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Resolution 2017-88 – Call for a Public Hearing on Rogers Avenue Right-of-Way
Vacation
COMMENT:
INTRODUCTION
The Council is asked to hold proceedings for Resolution 2017-88, a public hearing on a right-of-
way vacation started by a petition of abutting land owners.
BACKGROUND
Rogers Avenue, south of Wagon Wheel Trail, was platted in 1929 as part of the Caroline’s Lake
View plat as recorded in Dakota County, Minnesota. The platted right-of-way is not serving any
sub dividable parcels and is not in the best interest of the city to retain.
DISCUSSION
Staff received a petition to vacate Rogers Avenue east of Lot 16, 954 Wagon Wheel Trail, in said
Caroline’s Lake View plat. The plat dedicated 30 feet of right-of-way to the city. The adjacent
property, 940 Wagon Wheel Trail, also dedicated an additional 30 feet of right-of-way creating
the 60 foot corridor named Rogers Avenue.
Staff is proposing that the abutting owners dedicate a 20 feet wide easement for any future
drainage and utility purposes or existing private utilities. This dedication is a standard
requirement for any new plats.
BUDGET IMPACT
The petitioners submitted the required $250 fee to cover the advertising, mailing and staff time
for this request.
RECOMMENDATION
Staff recommends that council approve the resolution for the right-of-way vacation pending
receipt of all easement dedication documents.
ACTION REQUIRED
Staff recommends that the city council pass a motion adopting Resolution No. 2017-88,
“RESOLUTION APPROVING A STREET VACATION OF ROGERS AVENUE”. This
action requires a simple majority vote.
page 50
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-88
RESOLUTION APPROVING A STREET VACATION OF ROGERS AVENUE
WHEREAS, the City of Mendota Heights is the current record owner of a segment of
unused Rogers Avenue right-of-way, lying southerly of Wagon Wheel Trail right-of-way and further
described as:
Rogers Avenue between Lot 16, Caroline’s Lake View and that part of Section 35,
Township 28, Range 23 further described as the South 535 Feet of the North 990 Feet of the
West 182 Feet of the Northeast quarter South of Wagon Wheel Trail; and
WHEREAS, a notice of hearing on said vacation has been duly published and posted more
than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the
applicable statutes; and
WHEREAS, a public hearing was held on said vacation on October 17, 2017, at the City
Hall of Mendota Heights; and
WHEREAS, the City Council then proceeded to hear all persons interested in said vacation
and all persons were afforded an opportunity to present their views and objections to the granting of
said vacation.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. That the vacation of the street right-of-way described above situated in the City of
Mendota Heights is in the best interest of the public and the City, and it is not detrimental
to the health, safety and welfare of the community.
2. That the above described street right-of-way be and the same is hereby vacated.
3. That the City Clerk be and is hereby authorized and directed to prepare and present to the
proper Dakota County officials notice of completion of these vacation proceedings, all in
accordance with the applicable Minnesota Statutes.
Adopted by the City Council of the City of Mendota Heights this 17th day of October, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Neil Garlock, Mayor
ATTEST
________________________________
Lorri Smith, City Clerk
page 51
page 52
DATE: October 17, 2017
TO: Mayor and City Council
FROM: Kristen Schabacker, Finance Director
SUBJECT: 2017 Bond Issue
INTRODUCTION
The City Council is asked to approve a sale of bonds to finance the 2017 Street Improvements
project.
BACKGROUND
At the September 19, 2017 City Council meeting, the Council authorized the public sale of
$1,370,000 General Obligation Improvement Bonds. The issue will finance the Mendota
Heights Road/Kensington Neighborhood street project. Staff had a conference call with Standard
& Poor’s, the City’s rating agency, on October 10, 2017. The rating had not been released when
this agenda packet was being prepared. We will have the rating available at the Council meeting.
The proposals for the purchase of the bonds will be opened during the business day on October
17, 2017; the results will be presented that evening at the Council meeting, and the Council will
take action at that time. A representative from Ehlers and Associates will attend to present a
tabulation of the bids received.
BUDGET IMPACT
The bonds will be paid with a combination of special assessments, and an amount which is
levied city-wide each year for the annual bond payments.
RECOMMENDATION
Staff recommend that Council pass a motion to adopt the bond sale.
ACTION REQUIRED
If the Council concurs, it should, by motion approve the following:
Resolution 2017-89
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,370,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2017A, PLEDGING FOR THE
page 53
SECURITY THEREOF SPECIAL ASSESSMENTS ,AND LEVYING A TAX FOR THE
PAYMENT THEREOF.
page 54
;�
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October 17, 2017
Sale Day Report for
City of Mendota Heights, Minnesota
$1,340,000 General Obligation Improvement
Bonds, Series 2017A
? -� —�. ----__. -
�
Prepared by:
Stacie Kvilvang, CIPMA
Senior Municipal Advisor
and
James Lehnhoff,
Municipal Advisor
1 � � ' , ,- �,��
Sale Day Report — October 17, 2017
City of Mendota Heights, Minnesota
$1,340,000 General Obligation Improvement Bonds, Series 2017A
Purpose:
Rating:
Number of Bids:
Low Bidder:
Comparison from
Lowest to Highest
Bid:
(TIC as bid)
Notes:
Closing Date:
Financing for the 2017 road rehabilitation and utility projects various
public improvements within the City
Rating: S&P Global Ratings "AAA"
2
Baird, Milwaukee, Wisconsin
Low Bid High Bid
2.1066% 2.1967%
Summar of Results: Results of Sale
Princi al Amount*: $1,340,000
Underwriter's Discount: $10,166
Reofferin Premium: $22,898
True Interest Cost: 2.1055%
Ca italized Interest: $36,391
Costs of Issuance: $34,578
Yield: 1.10% - 2.35%
Total Net P&I $1,532,825
City Council Action:
Interest
Difference
$8,369
u
The size of the bonds was reduced by $30,000 due to receipt of a
reoffering premium and unused COI and underwriters discount.
November 1, 2017
Adopt a resolution awarding the sale of $1,340,000 General
Obligation Improvement Bonds, Series 2017A.
Attachments: • Bid Tabulation
• Sources and Uses of Funds
• Updated Debt Service Schedules
• Rating Report (Provided to the City via email from S& P)
• Bond Resolution (Distributed in City Council Packets)
. Sale Day Report
w��'�, �"-- City of Mendota Heights, Minnesota
= - October 17, 2017
BID TABULATION
.�,.,
..�� EHLEFt�
�,: �' LEADERS IN PUBLIC FINANCE
$1,370,000� General Obligation Improvement Bonds, Series 2017A
City of Mendota Height�, Minnesota
SALE: October 17, 2017
AWARD: BAIRD
Ratiug: S&P Global Ratings "AAA"
BBI: 3.61°/a
Banlc Qualified
NET TRUE
MATURITY REOFFERIlVG INTEREST INTEREST
NAME OF BIDDER (Februaiy 1) RATE YIELD PRICE COST RATE
BAIRD
Milwaukee, Wisconsin
C.L. King & Associates WMBE
Dougherty & Company, LLC
Fidelity Capital Markets
SAMCO Capital Markets
WNJ Capital
Crews & Associates, Inc.
Davenport & Co. L.L.C.
Duncan-Williams, Inc. .
Ross, Sinclaire & Associates, LLC
Loop Capital Markets
Country Club Banlc
Oppenhevner & Co.
SutnRidge Partners
R. Seelaus & Company., Iuc.
Sieira Pacific Securities
Isaak Bond I�ivestments, Inc
Alamo Capital WMBE
IFS Sectuities
iJMB Bank,N.A.
W.H. Mell Associates
Wayne Hummer & Co.
FMS Bonds Inc.
Cent�al States Capital Marlcets
Midland Secm•ities
Fu•st Southern Seciu•ities
2020
2021
2022
2023
2024
2025
2026
2027
2028'
20291
20301
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.250%
2.500%
2.500%
2.500%
1.100%
1.200%
1.350%
1.500%
1.650%
1.800%
1.900%
2.000%
2350%
2.3 50%
2.3 50%
� Subsequent to bid opening the issue size was decreased to $1,340,000.
Adjusted Price -$1,352,731.75 Adjusted Net Interest Cost -$216,48�.89
1$400,000 Teim Bond due 2030 with mandatoty redemption in 2028-2029.
$1,383,036.85 $220,806.90 2.1066°/a
Adjusted TIC - 2.1055%
� � —� i � � I - . � f:�:_� _._ _���
NET TRUE
MATURITY REOFFERING INTEREST INTEREST
NAME OF BIDDER (February 1) RATE YIELD PRICE COST RA.TE
NORTHLAND SECURITIES, INC.
M.uuieapolis, Minnesota
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2.000%
2.000%
2.000°/a
2.000°/a
2.000%
2.000%
2.000%
2.100%
2.500%
2.500°/a
2.500%
Bid Tabulation
== City of Mendota Heights, Minnesota
$1,370,000* General Obligation Improvement Bonds, Series 2017A
$1,372,863.70 $229,176.30 2.1967%
October 17, 2017
Page 2
Mendota Heights, Minnesota
$1,340,000 General Obligation Improvement Bonds, Series 2017A
Issue Summary
Total Issue Sources And Uses
Dated 11/01/2017 � Delivered 11/01/2017
Kensington Kensington Mendota Condon
Multi- Single Heights Court Issue
Familv Family Road Street Summary
Sources Of Funds
ParAmountofBonds $520,000.00 $175,000.00 $500,000.00 $145,000.00 $1,340,000.00
- _-- _--- -- --= - - - -._.- --=
-= - _- . -- = - -..._. . . = - • - =--
ReofferingPremium 8,947.45 2,939.75 8,625.00 2,385.70 22897.90
_._-.-._ ,,,:. ---- --- _ __• -_ -,.
_= =- - _ . _ _ .._.: . --= _ _._ _ _.
Prepaid Assessments __ ___ 100 230.80 34,700.00 - 9,480 00 144 410.80
-_= - -_.,:__ _-_ ._., _- _ -.-- ----..-
-
- -- - — - --- - -
MSAFunds - - 300,000.00 - 300,000.00
-:-_-__ -._ :--- -=... _._ -= _-•_ _-_ ,--:-- -:.-..-. =-
--. _
Utility Funds 25,626.00 19,544.00 88,553.00 18,336.00 152 059.00
Total Sources $654,804.25 $232,183.75 $897,178.00 $175,201.70 $1,959,367.70
Uses Of Funds
Total Underwriter's Discoiurt (0.759%) 3,945.07 1,327.67 3,793.34 1,100.07 10,166.15
� - -. : ._ _ _ --- � -_
-_ - . - .-- - _ _
.
-
Costs ofIssuance 13,418.32 5 529.84 11,888.18 3,741.66 34 578.00
_-_
=- - --. � ,--_ -- _ _ -- ,,. ._.._ : -.
- = = -- -
--
Deposit to Capitalized Interest (CIF) Fund 14,093.75 4 796.88 13 546.88 3,953 13 36 390.64
..- -=- � _-, _ - _ .,_,__ _. ,... _ -. - -
-- -
Deposrt to Project Conshuction Fund 623,34711 220,529.36 867 949.60 166,406 84 1 878 232.91
Total Uses $654,804.25 $232,183.75 $897,178.00 $175,201.70 $1,959,367.70
Series 2017A GO Imp Bonds � Issue Summary � 10l17/2017 � 1121 AM
����A� - E H L E RS
��,. LEADERS IN PUBLIC FINANCE
Mendota Heights, Minnesota
$1,340,000 General Obligation Improvement Bonds, Series 2017A
Issue Summary
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
11/O1/2o17 - - - - � -
08/O1/2018 - - 21,83439 21,83439 -
02/O1/2019 - - 14,556.25 14,556.25 36,390.64
08/O1/2019 - - 14,556.25 14,556.25 -
02/O1/2020 55,000.00 2.000% 14,556.25 69,55625 84,ll2.50
08/O1/2020 - - 14,006.25 14,006.25 -
02/O1/2021 120,000.00 2.000% 14,006.25 134,006.25 148,012.50
08/O1/2021 - - 12,806.25 12,806.25 -
02/O1/2022 125,000.00 2.000% 12,806.25 137,806.25 150,612.50
08/O1/2022 - - 11,556.25 11,556.25 -
02/O1/2023 125,000.00 2.000°/a 11,556.25 136,556.25 148,112.50
08/O1/2023 - - 10,306.25 10,306.25 -
02/O1/2024 130,000.00 2.000% 10,30625 140,306.25 150,612.50
08/O1/2024 - - 9,006.25 9,00625 -
02/O1/2025 130,000.00 2.000% 9,006.25 139,006.25 148,012.50
08/O1/2025 - - 7,706.25 7,706.25 -
02/O1/2026 130,000.00 2.000°/a 7,706.25 137,706.25 145,412.50
08/O1/2026 - - 6,406.25 6,406.25 -
02/O1/2027 125,000.00 2.250% 6,406.25 131,406.25 137,812.50
08/O1/2027 - - 5,000.00 5,000.00 -
02/O1/2028 130,000.00 2.500% 5,000.00 135,000.00 140,000.00
08/O1/2028 - - 3,375.00 3,375.00 -
02/O1/2029 135,000.00 2.500% 3,375.00 138,375.00 141,750.00
08/O1/2029 - - 1,687.50 1,687.50 -
02/O1/2030 135,000.00 2.500% 1,687.50 136,687.50 138,375.00
Total $1,340,000.00 - �229,215.64 $1,569,215.64 -
Yield Statistics
Bond Year pollars
--- ---- _ _ . ._ ,.._ -,._..
_ -.
-_ - _ __
Average Life
--_- _ __ =
=-- _--- -_ -:-. __---�=— — --=
Average Coupon
Net Interest Cost (NIC)
� °_-. -° - - - ,_ _ , - .,: :
_ ._ - . ,
True uiterest Cost (TIC)
-_-- - -___ . -- ,: _.-::- _-__
_, _-- : .-_., _:._, , - --
Bond Yield for Arbitrage Purposes
_ . , -- _ — - •- -- - --_ . �_ - _ . .-_, ,_ , . - --- - '-,- . _ ,.-.
All Inclusive Cost (AIC)
$10,190.00
7.604 Yeazs
_ - =--=
2.2494175%
2.1244739%
2.1055445%
1.9972863%
2.4817019%
IRS Form 8038
Net Interest Cost 1.9947639%
WeightedAv- _. :—._ - _
.- _ g t3'
-= - -= - - _ -_ : _ -.- _ _ _•
' era e Maturi 7.589 Years
Series 2017A GO Imp Bonds � Issue Summary � 10/17/2017 � 11:21 AM
-_ _ EHLERS
�� LEADERS IN PUBLIC FINANCE
Mendota Heights, Minnesota
$1,340,000 General Obligation Improvement Bonds, Series 2017A
Issue Summary
Net Debt Service Schedule
Fiscal
Date Principal Coupon Interest Total P+I CIF Net New D/S Total
11/O1/2o17 - - - - - - -
08/O1/2018 - - 21,83439 21,83439 (21,83439) - -
02/O1/2019 - - 14,55625 14,556.25 (14,556.25) - -
08/O1/2019 - - 14,556.25 14,556.25 - 14,556.25 -
02/O1/2020 55,000.00 2.000% 14,556.25 69,556.25 - 69,556.25 84,112.50
08/O1/2020 - - 14,006.25 14,006.25 - 14,006.25 -
02/O1/2021 120,000.00 2.000% 14,00625 134,006.25 , - 134,006.25 148,012.50
08/O1/2021 - - 12,806.25 12,806.25 - 12,806.25 -
02/O1/2022 125,000.00 2.000% 12,806.25 137,806.25 - 137,806.25 150,612.50
08/O1/2022 - - 11,55625 11,55625 - 11,556.25 -
02/O1/2023 125,000.00 2.000% 11,556.25 136,556.25 - 136,556.25 148,112.50
08/Ol/2023 - - 10,306.25 10,306.25 - 10,306.25 -
02/O1/2024 130,000.00 2.000% 10,306.25 140,306.25 - 140,30625 150,612.50
08/O1/2024 - - 9,006.25 9,006.25 - 9,006.25 -
02/O1/2025 130,000.00 2.000% 9,006.25 139,006.25 - 139,006.25 148,012.50
08/O1/2025 - - 7,70625 7,70625 - 7,706.25 -
02/O1/2026 130,000.00 2.000% 7,706.25 137,706.25 - 137,70625 145,412.50
08/O1/2026 - - 6,406.25 6,40625 - 6,406.25 -
02/O1/2027 125,000.00 2.250% 6,406.25 131,406.25 - 131,406.25 137,812.50
08/O1/2027 - - 5,000.00 5,000.00 - 5,000.00 -
02lO1/2028 130,000.00 2.500% 5,000.00 135,000.00 - 135,000.00 140,000.00
08/O1/2028 - - 3,375.00 3,375.00 - 3,375.00 -
02/O1/2029 135,000.00 2.500% 3,375.00 138,375.00 - 138,375.00 141,750.00
08/O1/2029 - - 1,687.50 1,687.50 - 1,687.50 -
02/O1/2030 135,000.00 2.500% 1,687.50 136,687.50 - 136,687.50 138,375.00
Total $1,340,000.00 - $229,215.64 $1,569,215.64 (36,390.64) $1,532,825.00 -
Series 2017A GO Imp Bonds � Issue Summary � 10/17/2017 � 1121 AM
,r.�.,,,
>�- : EHLERS
�,� LEADERS iN PUBLIC fINANCE
Mendota Heights, Minnesota
$1,340,000 General Obiigation Improvement Bonds, Series 2017A
Issue Summary
Detail Costs Of Issuance
Dated 11/01/2017 � Delivered 11/01/2017
COSTS OF ISSUANCE DETAIL
Municipal Advisor
- =- -_-- . _-_-- .-- - — -
- -
Boud Counsel (Briggs and Morgan)
__ : , _
---._ -
Rating Agency Fee (S&P)
__._ ___ ___ _.._-- �-_--_
Paying Agent (Bond Trust Services)
- -._ - - =-
_ -== -
Dakota County Fee
TOTAL
Series 2017A GO Imp Bonds � Issue Summary � 10/17/2017 � 11:21 AM
�-- � EHLERS
� s+ LEADERS IN PUBLIC FINANCE
$15,986.00
_. . ---.-_... -,_.
-_ -_-._ _--=- ---
$8,500.00
_-. -._
__
$9,025.00
--- _ _ __=-
-- -- _ - =_ --
__ - - --
$687.00
:-- = --
__ - __ _
$380.00
$34,578.00
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MENDOTA HEIGHTS, MINNESOTA
HELD: OCTOBER 17, 2017
Pursuant to due call, a regular or special meeting of the City Council of the City of
Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall on October 17,
2017, at 7:00 P.M., for the purpose, in part, of providing for the issuance and sale of $1,370,000
General Obligation Improvement Bonds, Series 2017A.
The following members were present:
and the following were absent:
Member _______________ introduced the following resolution and moved its adoption:
RESOLUTION 2017-89
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,370,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2017A, PLEDGING FOR
THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR
THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the
"City") has heretofore determined and declared that it is necessary and expedient to issue
$1,370,000 General Obligation Improvement Bonds, Series 2017A (the "Bonds" or individually,
a "Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various public
improvement projects within the City (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent municipal advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Clerk, or designee, at the offices of Ehlers at 11:00 A.M. this same day pursuant to the
Preliminary Official Statement, dated October 5, 2017, established for the Bonds; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided; and
page 55
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. Acceptance of Proposal. The proposal of _____________________________
(the "Purchaser"), to purchase the Bonds, in accordance with the Preliminary Official Statement
established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum
of $__________, plus interest accrued to settlement, is hereby found, determined and declared to
be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to
the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to forthwith return
to the unsuccessful bidders their good faith checks or drafts.
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities. The Bonds shall be dated
November 1, 2017, as the date of original issue, be issued forthwith on or after such date in fully
registered form, be numbered from R-1 upward in the denomination of $5,000 each or in any
integral multiple thereof of a single maturity (the "Authorized Denominations") and mature,
without option of prepayment, on February 1 in the years and amounts as follows:
Year Amount Year Amount
2020 $ 2026 $
2021 2027
2022 2028
2023 2029
2024 2030
2025
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
page 56
CEDE & CO, as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds
shown on the books and records of the Participant (the "Beneficial Owner").
Without limiting the immediately preceding sentence, neither the City, nor the
Bond Registrar, shall have any such responsibility or obligation with respect to
(A) the accuracy of the records of the Depository, the Nominee or any Participant
with respect to any ownership interest in the Bonds, or (B) the delivery to any
Participant, any Owner or any other person, other than the Depository, of any
notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than
the Depository, of any amount with respect to the principal of or premium, if any,
or interest on the Bonds, or (D) the consent given or other action taken by the
Depository as the Registered Holder of any Bonds (the "Holder"). For purposes
of securing the vote or consent of any Holder under this Resolution, the City may,
however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus
proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of
obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever.
The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of
the Bonds as shown on the bond register, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to the extent of the
sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of
the existing Nominee, and subject to the transfer provisions in paragraph 10,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the
Bond Registrar or City, as the case may be, to the Depository as provided in the
Letter of Representations to the Depository required by the Depository as a
page 57
condition to its acting as book-entry Depository for the Bonds (said Letter of
Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced
therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book-entry
form shall be limited in principal amount to Authorized Denominations and shall
be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to
any consent or other action to be taken by Holders, the Depository shall consider
the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or
the Bond Registrar shall, to the extent possible, give the Depository notice of such
special record date not less than fifteen calendar days in advance of such special
record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take
any actions necessary from time to time to comply with the requirements of the
Letter of Representations.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect
to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may
terminate the services of the Depository with respect to the Bond if it determines
that the Depository is no longer able to carry out its functions as securities
depository or the continuation of the system of book-entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary
terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain
certificates for the Bonds, the Bonds shall no longer be registered as being
registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
page 58
in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph
10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall
do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2018,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate Maturity Year Interest Rate
2020 % 2026 %
2021 2027
2022 2028
2023 2029
2024 2030
2025
5. Redemption. All Bonds maturing on February 1, 2027, and thereafter shall be
subject to redemption and prepayment at the option of the City on February 1, 2026, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the City and if only part of
the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption
shall be due and payable on the redemption date, and interest thereon shall cease to accrue from
and after the redemption date. Mailed notice of redemption shall be given to the paying agent
and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer
than thirty (30) days prior to the date fixed for redemption.
page 59
To effect a partial redemption of Bonds having a common maturity date, the Registrar
prior to giving notice of redemption shall assign to each Bond having a common maturity date a
distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall
then select by lot, using such method of selection as it shall deem proper in its discretion, from
the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall
equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the
Bonds to which were assigned numbers so selected; provided, however, that only so much of the
principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall
equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in
part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written
instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder
thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if
necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without
service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any
Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal
amount equal to and in exchange for the unredeemed portion of the principal of the Bond so
surrendered.
6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and in paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
page 60
UNITED STATES OF AMERICA
STATE OF MINNESOTA
DAKOTA COUNTY
CITY OF MENDOTA HEIGHTS
R-_______ $_________
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2017A
Interest Rate Maturity Date Date of Original Issue CUSIP
___% February 1, ____ November 1, 2017
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA (the
"Issuer"), certifies that it is indebted and for value received promises to pay to the registered
owner specified above, or registered assigns, unless called for earlier redemption, in the manner
hereinafter set forth, the principal amount specified above, on the maturity date specified above,
and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an
"Interest Payment Date"), commencing August 1, 2018, at the rate per annum specified above
(calculated on the basis of a 360-day year of twelve thirty-day months) until the principal sum is
paid or has been provided for. This Bond will bear interest from the most recent Interest
Payment Date to which interest has been paid or, if no interest has been paid, from the date of
original issue hereof. The principal of and premium, if any, on this Bond are payable upon
presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville,
Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly
appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying
agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment
Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder"
or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at
the address appearing thereon at the close of business on the fifteenth day of the calendar month
next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so
timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular
Record Date, and shall be payable to the person who is the Holder hereof at the close of business
on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given
to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money of the United States of
America. So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be
made as provided in the Letter of Representations, as defined in the Resolution, and surrender of
this Bond shall not be required for payment of the redemption price upon a partial redemption of
page 61
this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds
may only be registered in the name of the Depository or its Nominee.
Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1,
2027, and thereafter, are subject to redemption and prepayment at the option of the Issuer on
February 1, 2026, and on any date thereafter at a price of par plus accrued interest. Redemption
may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be redeemed shall be determined by
the Issuer; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and payable on the redemption date,
and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each affected registered holder of the Bonds
not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for
redemption.
Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed
in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying
the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the
addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear
interest on the specified redemption date, provided funds for their redemption have been duly
deposited.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $1,370,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, redemption privilege and denomination, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by
the City Council of the Issuer on October 17, 2017 (the "Resolution"), for the purpose of
providing money to finance various public improvement projects within the jurisdiction of the
page 62
Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2017A
Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide
moneys for the prompt and full payment of its principal, premium, if any, and interest when the
same become due, the full faith and credit and taxing powers of the Issuer have been and are
hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
page 63
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by
its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of
its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
BOND TRUST SERVICES
CORPORATION
Roseville, Minnesota
Bond Registrar
By:
Authorized Signature
Registrable by: BOND TRUST SERVICES
CORPORATION
Payable at: BOND TRUST SERVICES
CORPORATION
CITY OF MENDOTA HEIGHTS,
DAKOTA COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - ___________ as custodian for ______________
(Cust) (Minor)
under the _____________________ Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________________________________ the within Bond
and does hereby irrevocably constitute and appoint _________________ attorney to transfer the
Bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:_________________ ____________________________________________
Notice: The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within
Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
___________________________
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address: ________________________________________
________________________________________
________________________________________
(Include information for all joint owners if the Bond is held by joint account.)
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8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of
the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City;
provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate
seal has been omitted. In the event of disability or resignation or other absence of either officer,
the Bonds may be signed by the manual or facsimile signature of the officer who may act on
behalf of the absent or disabled officer. In case either officer whose signature or facsimile of
whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if the officer had remained in office until delivery.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of
November 1, 2017. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
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All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or his, her or its attorney duly authorized in writing
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Finance Director is hereby
authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Improvement Bonds, Series 2017A Fund" (the "Fund") to be administered
and maintained by the Finance Director as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the City. The Fund shall be maintained
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in the manner herein specified until all of the Bonds and the interest thereon have been fully
paid. There shall be maintained in the Fund the "Construction Account" and "Debt Service
Account":
(a) Construction Account. To the Construction Account shall be credited the
proceeds of the sale of the Bonds, less capitalized interest and less any amount paid for the
Bonds in excess of the minimum bid, plus any special assessments levied with respect to the
Improvements and collected prior to completion of the Improvements and payment of the costs
thereof. Any unused discount or premium upon the sale of the Bonds shall be deposited into the
Construction Account. From the Construction Account there shall be paid all costs and expenses
of making the Improvements listed in paragraph 16, including the cost of any construction
contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in
Minnesota Statutes, Section 475.65; and the moneys in the Construction Account shall be used
for no other purpose except as otherwise provided by law; provided that the proceeds of the
Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the
anticipated date of commencement of the receipt of the collection of taxes or special assessments
herein levied or covenanted to be levied; and provided further that if upon completion of the
Improvements there shall remain any unexpended balance in the Construction Account, the
balance (other than any special assessments) may be transferred by the Council to the Debt
Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes,
Chapter 429, and provided further that any special assessments credited to the Construction
Account shall only be applied towards payment of the costs of the Improvements upon adoption
of a resolution by the City Council determining that the application of the special assessments for
such purpose will not cause the City to no longer be in compliance with Minnesota Statutes,
Section 475.61, Subdivision 1.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) all collections of special
assessments herein covenanted to be levied with respect to the Improvements and either initially
credited to the Construction Account and not already spent a permitted above and required to pay
any principal and interest due on the Bonds or collected subsequent to the completion of the
Improvements and payment of the costs thereof; (ii) all funds paid for the Bonds in excess of the
minimum bid; (iii) capitalized interest in the amount of $___________ (together with interest
earnings thereon and subject to such other adjustments as are appropriate to provide sufficient
funds to pay interest due on the Bonds on or before August 1, 2018); (iv) any collection of all
taxes herein or hereafter levied for the payment of the Bonds; (v) all funds remaining in the
Construction Account after completion of the Improvements and payment of the costs thereof;
(vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all
other moneys which are properly available and are appropriated by the governing body of the
City to the Debt Service Account. The Debt Service Account shall be used solely to pay the
principal and interest and any premiums for redemption of the Bonds and any other general
obligation bonds of the City hereafter issued by the City and made payable from the account as
provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
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needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account or Debt Service Account (or any other City account which will be used to pay principal
or interest to become due on the bonds payable therefrom) in excess of amounts which under
then applicable federal arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment would
cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent of the cost
to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes,
Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every
assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby
covenants and agrees that it will let all construction contracts not heretofore let within one year
after ordering each Improvement financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of construction contracts. The City
hereby further covenants and agrees that it will do and perform as soon as they may be done all
acts and things necessary for the final and valid levy of such special assessments, and in the
event that any such assessment be at any time held invalid with respect to any lot, piece or parcel
of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken
by the City or the City Council or any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent thereto, the City and the City
Council will forthwith do all further acts and take all further proceedings as may be required by
law to make the assessments a valid and binding lien upon such property. The special
assessments have heretofore been authorized. Subject to such adjustments as are required by the
conditions in existence at the time the assessments are levied, it is hereby determined that the
assessments shall be payable in equal, consecutive, annual installments, with general taxes for
the years shown below and with interest on the declining balance of all such assessments at the
rates per annum not less than the rate per annum set forth opposite the collection years specified
below:
Improvement Designation Levy Years Collection Years Amount Rate
See Attached Schedule
At the time the assessments are in fact levied the City Council shall, based on the then
current estimated collections of the assessments, make any adjustments in any ad valorem taxes
required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, Subdivision 1.
17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
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annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levy Year of Tax Collection Amount
See Attached Schedule
The tax levies are such that if collected in full they, together with estimated collections of
special assessments and other revenues herein pledged for the payment of the Bonds, will
produce at least five percent in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds
are outstanding and unpaid, provided that the City reserves the right and power to reduce the
levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61,
Subdivision 3.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
19. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
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City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the
proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating
in effect that such action will not impair the tax-exempt status of the Bonds.
20. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
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(a) Provide or cause to be provided to the Municipal Securities Rulemaking Board
(the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking. The City reserves
the right to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided to the MSRB notice of the occurrence of certain
events with respect to the Bonds in not more than ten (10) business days after the occurrence of
the event, in accordance with the Undertaking.
(c) Provide or cause to be provided to the MSRB notice of a failure by the City to
provide the annual financial information with respect to the City described in the Undertaking, in
not more than ten (10) business days following such occurrence.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their
place (the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
22. Certificate of Registration. A certified copy of this resolution is hereby directed
to be filed in the offices of the County Auditor of Dakota County, Minnesota, together with such
other information as the County Auditor shall require and to obtain the County Auditor's
Certificate that the Bonds have been entered in the County Auditor's Bond Register and the tax
levy required by law has been made.
23. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
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income under Section 103 of the Code of the interest on the Bonds, including without limitation
(a) requirements relating to temporary periods for investments, (b) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment
earnings to the United States, if the Bonds (together with other obligations reasonably expected
to be issued and outstanding at one time in this calendar year) exceed the small issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that:
(a) the Bonds are issued by a governmental unit with general taxing powers;
(b) no Bond is a private activity bond;
(c) ninety-five percent or more of the net proceeds of the Bonds are to be used for
local governmental activities of the City (or of a governmental unit the jurisdiction of which is
entirely within the jurisdiction of the City); and
(d) the aggregate face amount of all tax exempt bonds (other than private activity
bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one
issuer with the City) during the calendar year in which the Bonds are issued and outstanding at
one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section
148(f)(4)(D) of the Code.
26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2017 will
not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2017 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Bonds does not exceed $10,000,000.
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The City shall use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designation made by this paragraph.
27. Official Statement. The Official Statement relating to the Bonds prepared and
distributed by Ehlers is hereby approved and the officers of the City are authorized in connection
with the delivery of the Bonds to sign such certificates as may be necessary with respect to the
completeness and accuracy of the Official Statement.
28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Chaska,
Minnesota, on the closing date for further distribution as directed by the City's municipal
advisor, Ehlers.
29. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
30. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________ and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
Adopted by the Mendota Heights City Council this 17th day of October, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
___________________________
Neil Garlock, Mayor
ATTEST
______________________________
Lorri Smith, City Clerk
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STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF MENDOTA HEIGHTS
I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota
Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council of the City, duly called
and held on the date therein indicated, insofar as such minutes relate to considering proposals
and awarding the sale of $1,370,000 General Obligation Improvement Bonds, Series 2017A.
WITNESS my hand on October 17, 2017.
_______________________________________
Clerk
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EXHIBIT A
PROPOSALS
[To be supplied by Ehlers & Associates, Inc.]
page 76
EXHIBIT B
SCHEDULES
[To be supplied by Ehlers & Associates, Inc.]
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REQUEST FOR COUNCIL ACTION
DATE: October 17, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Purchase High Visibility Pedestrian Crossing Signs – South Plaza Drive
COMMENT:
INTRODUCTION
The Council is asked to approve a purchase order for two solar powered, high visibility
pedestrian crossing signs.
BACKGROUND
The city has received a number of concerns and close call reports of pedestrian safety at an
existing crosswalk location at South Plaza Drive over TH149 (Dodd Road).
The Traffic Safety Committee (TSC) discussed the issues at their October 9, 2017 meeting.
DISCUSSION
Recommendations from the TSC included installing new high visibility pedestrian crossing signs
operated by a push button for a short term improvement. Long term improvements could include
relocating this crossing over TH 149 (Dodd Road) to a safer location. The current location
requires pedestrians to cross three lanes of traffic.
Staff met with a local supplier of traffic safety devices. Two options are available for these
devices. The first is LED blinker sign which has 8 LED lights around the border which face in
the direction of the sign only. The second is a newer technology called “Rapid Flash” which has
32 LED lights that flash on both sides. The rapid flash studies have shown an 80% improvement
in cars yielding to pedestrians.
Both improvements would require a new mounting system which will increase the height of the
sign allowing for greater visibility. A MnDOT permit is required.
BUDGET IMPACT
The city will need to purchase and install two pedestrian crossing signs. The ballpark estimates
are $6000 for the Standard LED sign and $10,000 for the Rapid Flash style sign. Quotes for the
two alternatives were not available at the time of this writing, but should be available at the
meeting on October 17th.
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The solar powered high visibility pedestrian crossing signs are proposed to be funded through the
street chip sealing budget which was underspent by approximately $30,000.
The city will also need to have the signs professionally installed. If approved, staff will solicit a
quote from our street light contractor.
The desire is to get these crossing signs installed yet this fall.
RECOMMENDATION
The Traffic Safety Committee recommends that council approve the purchase for two solar
powered, high visibility pedestrian crossing signs. Staff recommends the Rapid Flash alternate,
as the location is where the greater degree of visibility afforded by that design style is more
desirable.
ACTION REQUIRED
If Council agrees with the recommendation and the cost proposal is acceptable, it should pass a
motion approving the purchase of two solar powered, high visibility pedestrian “Rapid Flash”
crossing signs.
This action requires a simple majority vote.
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"Don't Let Our Bonfire Die"
Clapping hands circulation to restore
Stoinping feet, edging nearer to the heat.
Warm `em up: heat some more.
Winter's too soon; late harvest moon.
Cold so bold, wrap up in quilted fold
Shooting sparks, hiss, waves of heat.
Oohing, aahing our bonfire neat.
Jacketed bodies belie the warmth
Emanating from our public hearth.
Cloudy breath to thaw, to melt.
Flames aloft: Green, yellow, blue
Shooting and darting ever anew,
Dancing higher and higher
And all in warm attire; heads bare,
Waiting a hot dog with disputed desire.
Tingling hands, barely felt
Neck now begimiing to perspire
Tramp, tramp those feet; arms shiver and shalce
Why didn't I wear my thermal underwear.
Yes, it's cold. But I insist, I can't resist
Our annual bonfire's uplift.
At it you're sure to be seen
Someone exclaims; "Where've you been?"
"Waiting for a firefighter goodie?"
Face looming out of a hoodie.
"Hello," he says with a smile
"Haven't seen you in a while".
Lilce burning brush, warming wafts and sparlcs;
Sadly, time flies. "God, this cold, it's mean".
We gather and talk, much to say
Family updates, aches and ills; photos of kids display
It's a tradition; it's a ritual
More than 30 years habitual.
Heads close together, quietly vocal
Bacics cold, standing in the field
Edging around a body for windshield.
Conversations social, political, local
Lost in fiery cracicle, feel the warmth
Loud popping sparks, heads turn to the glow
Bonfires encourage chit-chat flow.
"What's this I hear"?
We must our boniire bid adieu.
Now, what' 11 we do? No more sizzle and spark
No heat bursts searing tluu the dark
No bonfire romance across embers molten
Waves of heat; wherever glances stolen
Dancing feet, bonfire heat,
Community togetherness in retreat.
Farewell fire gods, dreamings and delights
Memories, musings, outstanding bonfire sights.
We didn't lcnow a year ago
That plaza bonfire, our last
Already a thing of the past.
Let's not so easily our bonfire loan
To an R.I.P stone
But find a place our bonfire to renew
Even a campfire big will do.
Community pride cannot abide
To just bid our bonfire adieu
By Ultan Duggan — October 2009