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Res 2021- 92 CUP to Amend PUD Mendota Plaza Expansion 2nd Addition CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-92 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT— FINAL DEVELOPMENT PLAN AND WETLANDS PERMIT TO LOT 1,BLOCK 1,MENDOTA PLAZA EXPANSION SECOND ADDITION [PLANNING CASE NO. 2021-121 WHEREAS At Home Apartments, LLC ("At Homes" or "Applicant" or "Developer") in cooperation with Mendota Mall Associates, LLC (Paster Properties and as "Owner") has applied for a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development (PUD) —Final Development Plan, along with a wetlands permit as proposed under Planning Case 2021- 12 (Phase II/58-Unit Apartments)("Project")for the property located at a 2.05 acre vacant parcel located along Highway 62 and legally described in Exhibit A; and WHEREAS the conditional use permit to amend the PUD as presented herein would authorize the construction of a 74,000 square foot apartment building with three stories containing 58-units and a smaller fourth story of 3,250 square feet to contain indoor pickle ball and bocce ball courts, a wine bar, patio with a fire pit, fitness area, and common lounge space; and WHEREAS the wetlands permit will allow new construction work and activities within 100-feet of an adjacent wetland feature recognized on the City's official Wetlands Map as Interstate Creek; and WHEREAS the Mendota Heights Planning Commission took this matter up again at their regular meeting of August 24, 2021, whereby the commission allowed for additional comments and testimony under a public hearing on this matter on an additional meeting date of October 26, 2021, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended denial (by 5-2 vote) of the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, along with the wetlands permit, with certain findings of fact and recommended conditions of approval; and WHEREAS on November 3, 2021, the Mendota Heights City Council held a regular meeting to discuss Planning Case 2021-12 and receive public comment; and WHEREAS on November 3, 2021, the Mendota Heights City Council voted to approve (by 3-2 vote)Planning Case 2021-12 for Phase II/ 58-Unit Apartments; and WHEREAS the Mendota Heights City Council wishes to adopt written findings of fact in support of the approval of Planning Case 2021-12 consistent with Minn. Stat. § 15.99; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit to amend 2009 Mendota Plaza Planned Unit Development (PUD) --- Final Development Plan and wetlands permit as proposed under Planning Case 2021-12, is hereby approved with the following findings of fact: A. The proposed amendment to the 2009 Mendota Plaza Planned Unit Development Final Development Plan is consistent with the 2040 Comprehensive Plan. In particular, the Project is consistent with the City's goal to provide a range of housing options to enhance the opportunity for people of all generations and in all stages of life to reside in the City of Mendota Heights. Currently,the City contains mostly high-end and mid-range valued single-family homes. This Project provides much needed multi-family housing stock, consistent with the stated goal of the Comprehensive Plan. The Project is designed to attract young professionals by providing more affordable units with smaller square footage and high-end amenities, but it will be accessible to people of all generations. B. The Project enhances the City's stated goal in the Comprehensive Plan of sustainability.The Project promotes sustainability and resilience by utilizing design features such as a solar ray on roof, low flow toilets, slower showerheads, and single-metered water for each residential unit to encourage conscientious use of water. The Project includes energy-efficient appliances, poured concrete, and adequate insulation. The parking is contained within the envelope of the building to reduce the impervious surface of the apartment building and grounds.The Project provides for green space and landscaping to include pollinator friendly gardens and nine over-story trees.The number of trees is sufficient for the site when considering traffic sight lines, underground utilities, and the integrity of the retaining wall. C. The proposed amendment to the 2009 Mendota Plaza Planned Unit Development Final Development Plan is consistent with the applicable City Code requirements for such a development. D. The Project complies with the allowable density range of 21 ---- 30 units/acre as permitted for new MU-PUD (Mixed-Use-Planned Unit Development) land uses. This is consistent with the density for a MU-Mixed Use land category in the 2040 Comprehensive Plan. The City Council specifically adopts the density calculation as presented in the Planning Report (Supplemental) dated August 24, 2021, presented to the Planning Commission and fully incorporated into this Resolution. E. The Project will be an effective and unified treatment of the existing development within the established PUD, and the development includes provisions for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas. In particular, the Developer has provided for natural wetland buffers around Interstate Creep, created natural looking ponds, made pedestrian connections accessible to Dodge Nature Center lands to the east, and created trail systems. Res 2021-92 Page 2 of 7 F. Financing for this proposed development is available and will be provided to the developer with certain conditions between the developer and their lender, and in an amount sufficient to assure completion of the proposed apartment development, which will contribute to the completion of the overall planned unit development in this MU-PUD area. G. The Project utilizes the flexibility of the planned unit development and other zoning standards to enhance the development of the property, without negatively impacting surrounding land uses and natural resources. H. The design of the Project provides reasonable building and parking lot setbacks and a reasonable number of parking stalls. In particular,the Project provides 49 surface parking spaces and 69 underground spaces, for a total of 118 spaces. This provides a ratio of 2.03 parking spaces/unit. For comparison, the R-3 District requires a minimum of 2.5 parking spaces for each dwelling unit,which would amount to 145 spaces for this Project, if that standard were applicable. Requiring 145 spaces for this Project would be excessive considering the newer multi-family residential development needs throughout the metro area and the nation. I. The reduced building and parking setbacks, smaller unit sizes, reduced land area, and overall density of this development does not pose any threat to the general health, safety and welfare of the surrounding properties, nor diminishes the usefulness of the planned development of this property. J. The reduced parking ratio should be supported due to the strong desire to reserve or encourage more open space on this site;and help reduce any hard surface impacts that additional parking would require. K. The Project is not excessive compared to the originally planned development for the site. Based upon the traffic analysis prepared for this application, the proposed development will generate fewer vehicle trips or daily traffic entering/leaving this area than the retail/commercial development(s)previously proposed for this PUD . This 58-unit apartment building is estimated to increase traffic 318 vehicles on Dodd Road. This increase in traffic is minimal and will not adversely affect public safety or the general welfare. In addition, this Project adequately provides sidewalks to enhance walkability for future residents of the 58-unit apartment building to encourage residents to access nearby retail and commercial areas on foot. L. Construction of the proposed high-density residential development will contribute to a significant amount of the Metropolitan Council's Year 2040 forecasted population and household increases. M. The Project can and has been planned and is proposed to be developed to harmonize with adjacent projects or proposals. The Project enhances the 2009 Mendota Plaza Planned Unit Development Final Development Plan. The proposed apartment Res 2021-92 Page 3 of 7 development use would be in character with other surrounding uses in this mixed- use commercial and high density residential project area, and the new residents projected for this site will help support and contribute to the economic sustainability of the surrounding retail and commercial uses. N. The Sixth Amendment to the Planned Unit Development Agreement dated November 2016 provides that Section 3.2 is deleted in its entirety as it relates to the Mendota Plaza Expansion Second Addition, which includes this Project. Section 3.2 governed the timeframe in which the development must be completed. Since 3.2 was deleted in its entirety, there is currently no completion deadline in place, and accordingly, there is no timeframe limitation that prevents City Council from approving this Project. Furthermore, City Council has the authority to adjust the deadlines for development projects consistent with the City Code. O. The factual findings and analysis found in the Planning Staff Report(Supplemental) for Planning Case No. 2021-12, dated August 24, 2021, prepared for the Planning Commission (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution, excluding the draft Findings of Fact for Denial. P. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2021-12, dated and presented November 3, 2021, (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution, excluding Exhibit A: Findings of Fact for denial. Q. The factual findings and analysis found in the Planning Staff Report(Supplemental) for Planning Case No. 2021-12, dated October 26, 2021, (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution. R. The City has the authority to place reasonable conditions upon the property subject to this land use request, including a deadline for completion of the Project. Conditions must be directly related to and roughly proportional to the impact created by the conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development,and wetlands permit as proposed under Planning Case 2021-12, is hereby approved with the following conditions: 1. The Applicant shall enter into an amended Development Agreement required by approval of the proposed project, to be reviewed and approved by the City Attorney and approved by the City Council. 2. Any new final building plan approved under this PUD Amendment shall be constructed only in conformance to the PUD Plans approved by the City Council; and all approved building and site must be certified by a registered architect and engineers (as applicable); and in accordance with all architectural and building standards found under Title 12-1E-8, Res 2021-92 Page 4 of 7 Subpart F "Architectural Controls" and Subpart G— Structural, Electrical and Mechanical Requirements. 3. Any drainage and utility easement or any other easements that may be impacted by the physical placement of the new apartment structure or other improvements must be vacated and re-established/dedicated as necessary,per the direction of the Public Works Director. 4. All new signage must comply with the sign standards in the Mendota Heights Plaza PUD Agreement. 5. A park dedication fee of$4,000/residential unit shall be paid at time of building permit approval. b. Rooftop mechanical units shall be of a low profile variety. All ground-level and rooftop mechanical utilities,other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure, to be reviewed by the Planning Department and verified as part of the building permit review process. 7. All new trees and plant material shall be designed to comply with the city's pollinator friendly and native plantings policy; all landscaped areas shall be irrigated; and plants used to provide an effective screening element for building utility areas. 8. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half(11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 9. The applicant, owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy,neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 10. A Lighting and Photometric Plan shall be submitted that includes proposed outdoor parking lot lighting, building lighting and any additional lighting, which must be reviewed by the Planning and Public Works Departments and included as part of any new building permit review process. 11. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. 12. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Res 202I-92 Page 5 of 7 13. Building and grading permits shall be obtained from the City prior to commencement of any construction or excavation. 14. All applicable fire and building codes,as adopted/amended by the City,shall apply and the buildings shall be fully-protected by an automatic fire sprinkler system and other fire safety measures or improvements as determined by the City's Fire Marshal and/or Building Official. Adopted by the City Council of the City of Mendota Heights this 16`h day of November 2421. CITY COUNCIL CITY OF MENDOTA HEIGHTS �nz v M yor, Aiephanie Levine ATTEST Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights,MN 55118 Res 2021-92 page 6 of 7 EXHIBIT A Legal Description PID No. 27-48402-01-010 Lot 1, Bloch 1, Mendota Plaza Expansion 2"d Addition Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights,MN 55118 Res 2021-92 Page 7 of 7 3521751 Receipt:# 827051 COND $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 2/4/2022 11:00 AM By: CAC, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2021- 92 Approving a Conditional Use Permit Planned Unit Development Amendment At Homes Phase II is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 1st day of February, 2022. Lorri Smith City Clerk (SEAL) 3: CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-92 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT — FINAL DEVELOPMENT PLAN AND WETLANDS PERMIT TO LOT 1, BLOCK 1, MENDOTA PLAZA EXPANSION SECOND ADDITION [PLANNING CASE NO.2021-121 WHEREAS At Home Apartments, LLC ("At Homes" or "Applicant" or "Developer") in cooperation with Mendota Mall Associates, LLC (Paster Properties and as "Owner") has applied for a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development (PUD) — Final Development Plan, along with a wetlands permit as proposed under Planning Case 2021- 12 (Phase II / 58-Unit Apartments) ("Project") for the property located at a 2.05 acre vacant parcel located along Highway 62 and legally described in Exhibit A; and WHEREAS the conditional use permit to amend the PUD as presented herein would authorize the construction of a 74,000 square foot apartment building with three stories containing 58-units and a smaller fourth story of 3,250 square feet to contain indoor pickle ball and bocce ball courts, a wine bar, patio with a fire pit, fitness area, and common lounge space; and WHEREAS the wetlands permit will allow new construction work and activities within 100-feet of an adjacent wetland feature recognized on the City's official Wetlands Map as Interstate Creek; and WHEREAS the Mendota Heights Planning Commission took this matter up again at their regular meeting of August 24, 2021, whereby the commission allowed for additional comments and testimony under a public hearing on this matter on an additional meeting date of October 26, 2021, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended denial (by 5-2 vote) of the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, along with the wetlands permit, with certain findings of fact and recommended conditions of approval; and WHEREAS on November 3, 2021, the Mendota Heights City Council held a regular meeting to discuss Planning Case 2021-12 and receive public comment; and WHEREAS on November 3, 2021, the Mendota Heights City Council voted to approve (by 3-2 vote) Planning Case 2021-12 for Phase II / 58-Unit Apartments; and WHEREAS the Mendota Heights City Council wishes to adopt written findings of fact in support of the approval of Planning Case 2021-12 consistent with Minn. Stat. § 15.99; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit to amend 2009 Mendota Plaza Planned Unit Development (PUD) — Final Development Plan and wetlands permit as proposed under Planning Case 2021-12, is hereby approved with the following findings of fact: A. The proposed amendment to the 2009 Mendota Plaza Planned Unit. Development Final Development Plan is consistent with the 2040 Comprehensive Plan. In particular, the Project is consistent with the City's goal to provide a range of housing options to enhance the opportunity for people of all generations and in all stages of life to reside in the City of Mendota Heights. Currently, the City contains mostly high -end and mid -range valued single-family homes. This Project provides much needed multi -family housing stock, consistent with the stated goal of the Comprehensive Plan. The Project is designed to attract young professionals by providing more affordable units with smaller square footage and high -end amenities, but it will be accessible to people of all generations. B. The Project enhances the City's stated goal in the Comprehensive Plan of sustainability. The Project promotes sustainability and resilience by utilizing design features such as a solar rav on roof low flow toilets, slower showerheads, and single -metered water for each residential unit to encourage conscientious use of water. The Project includes energy -efficient appliances, poured concrete, and adequate insulation. The parking is contained within the envelope of the building to reduce the impervious surface of the apartment building and grounds. The Project provides for green space and landscaping to include pollinator friendly gardens and nine over -story trees. The number of trees is sufficient for the site when considering traffic sight lines; underground utilities, and the integrity of the retaining wall. C. The proposed amendment to the 2009 Mendota Plaza Planned Unit Development Final Development Plan is consistent with the applicable City Code requirements for such a development. D. The Project complies with the allowable density range of 21 — 30 units acre as permitted for new MU-PUD (Mixed -Use -Planned Unit Development) land uses. This is consistent with the density for a MU -Mixed Use land category in the 2040 Comprehensive Plan. The City Council specifically adopts the density calculation as presented in the Planning Report (Supplemental) dated August 24, 2021, presented to the Planning Commission and fully incorporated into this Resolution. E. The Project will be an effective and unified treatment of the existing development within the established PUD, and the development includes provisions for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain; and similar areas. In particular, the Developer has provided for natural wetland buffers around Interstate Creep, created natural looking ponds, made pedestrian connections accessible to Dodge Nature Center lands to the east, and created trail systems. Res 2021-92 Page 2 of 7 F. Financing for this proposed development is available and will be provided to the developer with certain conditions between the developer and their lender, and in an amount sufficient to assure completion of the proposed apartment development, which will contribute to the completion of the overall planned unit development in this MU-PUD area. G. The Project utilizes the flexibility of the planned unit development and other zoning standards to enhance the development of the property, without negatively impacting surrounding land uses and natural resources. H. The design of the Project provides reasonable building and parking lot setbacks and a reasonable number of parking stalls. In particular, the Project provides 49 surface parking spaces and 69 underground spaces, for a total of 118 spaces. This provides a ratio of 2.03 parking spaces/unit. For comparison, the R-3 District requires a minimum of 2.5 parking spaces for each dwelling unit, which would amount to 145 spaces for this Project, if that standard were applicable. Requiring 145 spaces for this Project would be excessive considering the newer multi -family residential development needs throughout the metro area and the nation. The reduced building and parking setbacks, smaller unit sizes, reduced land area, and overall density of this development does not pose any threat to the general health, safety and welfare of the surrounding properties, nor diminishes the usefulness of the planned development of this property. J. The reduced parking ratio should be supported due to the strong desire to reserve or encourage more open space on this site; and help reduce any hard surface impacts that additional parking would require. K. The Project is not excessive compared to the originally planned development for the site. Based upon the traffic analysis prepared for this application, the proposed development will generate fewer vehicle trips or daily traffic entering/leaving this area than the retail/commercial development(s) previously proposed for this PUD . This 58-unit apartment building is estimated to increase traffic 318 vehicles on Dodd Road. This increase in traffic is minimal and will not adversely affect public safety or the general welfare. In addition, this Project adequately provides sidewalks to enhance walkability for future residents of the 58-unit apartment building to encourage residents to access nearby retail and commercial areas on foot. L. Construction of the proposed high -density residential development will contribute to a significant amount of the Metropolitan Council's Year 2040 forecasted population and household increases. M. The Project can and has been planned and is proposed to be developed to harmonize with adjacent projects or proposals. The Project enhances the 2009 Mendota Plaza Planned Unit Development Final Development Plan. The proposed apartment Res 2021-92 Page 3 of 7 development use would be in character with other surrounding uses in this mixed - use commercial and high density residential project area, and the new residents projected for this site will help support and contribute to the economic sustainability of the surrounding retail and commercial uses. N. The Sixth Amendment to the Planned Unit Development Agreement dated November 2016 provides that Section 3.2 is deleted in its entirety as it relates to the Mendota Plaza Expansion Second Addition, which includes this Project. Section 3.2 governed the timeframe in which the development must be completed. Since 3.2 was deleted in its entirety, there is currently no completion deadline in place, and accordingly, there is no timeframe limitation that prevents City Council from approving this Project. Furthermore, City Council has the authority to adjust the deadlines for development projects consistent with the City Code. O. The factual findings and analysis found in the Planning Staff Report (Supplemental) for Planning Case No. 2021-12, dated August 24, 2021, prepared for the Planning Commission (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution, excluding the draft Findings of Fact for Denial. P. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2021-12, dated and presented November 3, 2021, (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution, excluding Exhibit A: Findings of Fact for denial. Q. The factual findings and analysis found in the Planning Staff Report (Supplemental) for Planning Case No. 2021-12, dated October 26, 2021, (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution. R. The City has the authority to place reasonable conditions upon the property subject to this land use request, including a deadline for completion of the Project. Conditions must be directly related to and roughly proportional to the impact created by the conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, and wetlands permit as proposed under Planning Case 2021-12, is hereby approved with the following conditions: 1. The Applicant shall enter into an amended Development Agreement required by approval of the proposed project, to be reviewed and approved by the City Attorney and approved by the City Council. 2. Any new final building plan approved under this PUD Amendment shall be constructed only in conformance to the PUD Plans approved by the City Council; and all approved building and site must be certified by a registered architect and engineers (as applicable); and in accordance with all architectural and building standards found under Title 12-1E-8, Res 2021-92 Page 4 of 7 Subpart F `'Architectural Controls'' and Subpart G — Structural, Electrical and Mechanical Requirements. 3, Any drainage and utility easement or any other easements that may be impacted by the physical placement of the new apartment structure or other improvements must be vacated and re-established/dedicated as necessary, per the direction of the Public Works Director. 4. All new signage must comply with the sign standards in the Mendota Heights Plaza PUD Agreement. 5. A park dedication fee of $4,000!residential unit shall be paid at time of building permit approval, b. Rooftop mechanical units shall be of a low profile variety, All ground -level and rooftop mechanical utilities, other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure, to be reviewed by the Planning Department and verified as part of the building permit review process. 7. All new trees and plant material shall be designed to comply with the city's pollinator friendly and native plantings policy; all landscaped areas shall be irrigated; and plants used to provide an effective screening element for building utility areas. 8. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half (11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 9. The applicant, owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 10. A Lighting and Photometric Plan shall be submitted that includes proposed outdoor parking lot lighting, building lighting and any additional lighting, which must be reviewed by the Planning and Public Works Departments and included as part of any new building permit review process. 11. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. 12. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Res 202I-92 Page 5 of 7 13. Building and grading permits shall be obtained from the City prior to commencement of any construction or excavation. 14. All applicable fire and building codes, as adopted/amended by the City, shall apply and the buildings shall be fiilly-protected by an automatic fire sprinkler system and other fire safety measures or improvements as determined by the City's Fire Marshal and/or Building Official. Adopted by the City Council of the City of Mendota Heights this 16`" day of November 2421. CITY COUNCIL CITY OF MENDOTA HEIGHTS v M yor tephanie Levine ATTEST Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2021-92 Page 6 of 7 EXHIBIT A Legal Description PID No. 27-48402-01-010 Lot 1, Bloch 1, Mendota Plaza Expansion 2"d Addition Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2021-92 Page 7 of 7