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2023-10-17 City Council Agenda PacketCITY COUNCIL AGENDA MENDOTA HEIGHTS CITY HALL COUNCIL CHAMBERS Tuesday, October 17, 2023 7:00 p.m. 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Adopt Agenda 5.Consent Agenda a.Approve City Council Meeting Minutes - October 3, 2023 b.Approve City Council Special Meeting Minutes – October 3, 2023 c.Acknowledge July, 2023 Par 3 Financial Report d.Resolution 2023-64 Appoint Election Judges and Establish Absentee Ballot Board e.Approve Massage Therapist License for Amber Johnstin f.Resolution 2023-46 Approve Renewal of Contract with Metro Bowhunters Resources Base for Deer Control and Public Hunt g.Approve Contract for Police Department Training h.Approve Reclassification of the Assistant City Administrator Position i.Accept Police Officer Resignation and Authorize Position Posting j.Approve 2023-2024 Insurance Renewal and Elect to Not Waive Statutory Limits k.Resolution 2023-67 Calling for a Public Hearing on an Easement Vacation – Audrey Addition l.Approve Change Order for the Wentworth Tennis Court Rehabilitation Project m.Approve Contract for Marie Park Rink Light Conversion n.Approve Resolution 2023-70 Administrative MRCCA Minor Development Permit for 1151 Orchard Circle (Planning Case 2023-25) o.Approve Claims List Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda. Public comments may not be used to air personal attacks, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up to the issues raised or occasionally called on to respond. Page 2 of 2 6.Public Comment Period (for items not on the agenda) 7.Presentations/Recognitions a.Resolution 2023-68 Providing for the Issuance and Sale of $1,050,000 General Obligation Street Reconstruction Bonds, Series 2023A and Levying a Tax for the Payment Thereof 8.Public Hearings a.Resolution 2023-69 – Adopting and Confirming Assessments for the Victoria Curve Street Improvements 9.New Business a.Approve Resolution 2023-71 for a Lot Line Adjustment at 614 Hidden Creek Trl. (Planning Case 2023-15) b.Approve Resolution 2023-72 for a Variance at 1480 Sibley Memorial Hwy (Planning Case 2023-16) c.Approve Resolution 2023-73 for a Lot Split at 599 Callahan Place (Planning Case 2023-19) d.Approve Resolution 2023-74 for a Variance and Conditional Use Permit at 598 Sibley Memorial Hwy (Planning Case 2023-05) 10.Community Announcements 11.Council Comments 12.Adjourn Alternative formats or auxiliary aids are available to individuals with disabilities upon request. Please contact city hall at 651-452-1850 or cityhall@mendotaheightsmn.gov. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, October 3, 2023 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper and Mazzitello, were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling items G and I. a.Approval of September 19, 2023 City Council Minutes b. Approval of September 19, 2023 Council Work Session Minutes c.Acknowledge July 11, 2023 Airport Relations Commission Meeting d. Acknowledge July 19, 2023 Airport Relations Commission Meeting e.Acknowledge September 13, 2023 Natural Resources Commission Minutes f.Appoint Student Commissioner to Natural Resources Commission g.Accept the Retirement of Daniel Bogg as Mendota Heights Firefighter h. Authorize Fire Department Out of Metro Travel Request i.Resolution 2023-65 Calling for a Public Hearing on a Right-of-Way Vacation – Summerset Boulevard j.Approve August 2023 Treasurer’s Report k. Approve July 2023 Building Activity Report l.Approval of Claims List City Council | Tuesday, October 17, 2023 | Page 1 of 172 5a October 3, 2023 Mendota Heights City Council Page 2 of 8 Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS G)ACCEPT RETIREMENT OF DANIEL BOGG AS MENDOTA HEIGHTS FIREFIGHTER Mayor Levine thanked Daniel Bogg for his service with the Fire Department, noting that he has been a member for 11 years. Councilor Mazzitello moved to accept the RETIREMENT OF DANIEL BOGG AS MENDOTA HEIGHTS FIREFIGHTER. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 I)RESOLUTION 2023-65 CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION – SUMMERSET BOULEVARD Councilor Lorberbaum commented that the area is near Ridge Place and hoped that there are clearer maps for the public hearing so that the information is clear for residents. Councilor Mazzitello commented that typically with these types of processes, the public does not necessarily understand the steps in the process. He noted that the action tonight simply calls for a public hearing. Mayor Levine commented that whenever someone in the community has a right to a public hearing, the intention is to allow a public hearing, and this is just a matter of process. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2023-65 CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION – SUMMERSET BOULEVARD. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. City Council | Tuesday, October 17, 2023 | Page 2 of 172 October 3, 2023 Mendota Heights City Council Page 3 of 8 NEW AND UNFINISHED BUSINESS A) OAK AWARDS PROGRAM Natural Resources Coordinator Krista Spreiter explained that the Council was being asked to accept the recommendation from the Natural Resources Commission to implement the Oak Awards program. Nissa Tupper, Vice Chair of the Natural Resources Commission, commented that the Commission wanted a way to recognize the volunteer efforts and encourage more which led to this proposed program. She stated that they would hope to begin the application process this year with the first awards to be provided in 2024. She provided more information on the proposed program. Councilor Paper thanked Commissioner Tupper and the Commission for their ideas to recognize members of the community for the work they do. Councilor Lorberbaum also liked the idea. She asked the eligible age for the acorn award. Commissioner Tupper stated that they did not want to place too many limitations this year as they would like to see how the program goes and could then place additional restrictions, therefore under 18 was intended for youth. Councilor Lorberbaum asked if more than one award would be offered for each category. Commissioner Tupper commented that the Commission did agree to potentially providing more than one award each year, especially in the starting years, recognizing that would be dependent on the number of applications. Councilor Lorberbaum asked if someone could win in multiple years. Commissioner Tupper commented that perhaps the leaf award could be won more than once but the canopy would not be awarded to someone multiple times. Councilor Lorberbaum asked if there would be years where the canopy award may not be awarded. Commissioner Tupper agreed that could be a possibility. She stated that the Commission felt that there would be a number of great nominees for each category. Councilor Lorberbaum commented that if there was not a person that rose to that canopy level, she would think it would be okay to not award that for a year. She asked how the Commission would be discussing who wins the award, whether that would be done in a televised meeting or worksession. Commissioner Tupper replied that would be done in a worksession format. Natural Resources Coordinator Krista Spreiter commented that has not fully been discussed, but she would imagine that could be done in a committee and then move forward to a worksession. City Council | Tuesday, October 17, 2023 | Page 3 of 172 October 3, 2023 Mendota Heights City Council Page 4 of 8 Councilor Lorberbaum agreed that the use of a committee would be helpful to get to a recommendation for the Commission to discuss. Councilor Mazzitello thanked the Commission for developing a program that will recognize members of the public. He asked if this would recognize volunteers. He noted that Great River Greening has done amazing things in the community, but is paid for that work and asked if that would be considered. Commissioner Tupper commented that the intent would be to recognize volunteers, but a contractor could be discussed if there were a nomination. Councilor Mazzitello commented that it could simply be stated that the program is for volunteers. Mayor Levine noted that Great River Greening works with volunteers, therefore that situation is a bit more complicated. She believed that the Commission should remain open to suggestion. She stated that if the Commission felt that a contractor working with volunteers should be considered, they should go with that feeling. She commented that this is a great program and adds excitement to the work the Commission is doing, while also raising the profile of these environmental issues. She commented that she is excited to see the great work the Commission has been doing. Councilor Mazzitello moved to accept THE RECOMMENDATION FROM THE NATURAL RESOURCES COMMISSION TO IMPLEMENT THE OAK AWARD PROGRAM. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 B)PARNTERS IN ENERGY PROGRAM APPLICATION Natural Resources Coordinator Krista Spreiter provided a brief background on this item. The Council was asked to accept the recommendation from the Natural Resources Commission to apply for the Partners in Energy program. Will Stein, Natural Resources Commissioner, commented on what a great asset that Natural Resources Coordinator Krista Spreiter and Assistant City Administrator Kelly Torkelson are, and have been, to the Commission and the City. He stated that this program would assist with emission reductions, environmental benefits, and ongoing cost savings through more efficient use of energy. He noted that this program could begin with a review of the City systems as well as providing educational materials to all residents and businesses about the programs and systems available. He commented that this would be a great time to begin this program because of the incentives that will be available for this type of activity. He also provided more personal examples of the energy efficiencies he has made at his home. Councilor Mazzitello asked if Commissioner Stein’s solar panels generate enough energy to power his car charger, heat pump, and his home. Commissioner Stein replied that in the summer they have even gotten money back from the energy generation, but in the winter when the sun is more limited and heat usage is higher, they do not generate enough energy to support all those activities. City Council | Tuesday, October 17, 2023 | Page 4 of 172 October 3, 2023 Mendota Heights City Council Page 5 of 8 Councilor Mazzitello asked if the rebates in the summer offset the spend in the winter. Commissioner Stein replied that there is not a complete offset but there is still a significant savings. He noted that more efficient use of energy has allowed them to spend money that would otherwise be spent on utilities on other things. Councilor Lorberbaum referenced the statement that 16 cities have participated in the program and asked what was achieved in those cities that would be relevant to Mendota Heights. Natural Resources Coordinator Krista Spreiter commented that would depend on the city and the objectives and areas of focus they selected. She noted that each energy plan is specifically crafted for that community. Councilor Lorberbaum commented that she would be interested in hearing some of those success stories, even if they do not directly apply to this community. She commented that she did receive a call from Xcel offering a home inspection. She noted that for a cost of $100 two representatives from Xcel came to her home to review what could be done. She reviewed some of the actions that were taken. She encouraged other residents to call and ask about that service. Councilor Paper thanked Commissioner Stein for the example his family has set. He noted that is a great example of what could be done with foresight and planning. Mayor Levine also expressed thanks. She noted that her family has also done the audit with Xcel. She asked if there are any cities participating in the program in this region. Natural Resources Coordinator Krista Spreiter commented that Inver Grove Heights, Saint Paul, Richfield, and Saint Paul School District are participating. Mayor Levine asked why Xcel would do the partners in energy program, recognizing that Xcel sells energy. She recognized the cost savings that are provided to users that choose to participate and asked how Xcel funds the program. Natural Resources Coordinator Krista Spreiter was unsure about the funding details. She noted that Xcel has these programs and is committed to more sustainable energy. She explained that this is a way to partner with the communities that are served and to spread awareness about the programs that are out there. Mayor Levine stated that she does like this idea because it helps to make people aware of the programs that are available, as that can be overwhelming. She commented that she would love to see data comparing before the program to after the program. Councilor Lorberbaum moved to accept THE RECOMMENDATION FROM THE NATURAL RESOURCES COMMISSION TO APPLY FOR THE PARTNERS IN ENERGY PROGRAM. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 City Council | Tuesday, October 17, 2023 | Page 5 of 172 October 3, 2023 Mendota Heights City Council Page 6 of 8 C) RESOLUTION 2023-66 SUPPORTING A REQUEST FOR 2024 MN CAPITAL BUDGET – POLICE DEPARTMENT AND CITY HALL PROJECT Police Chief Kelly McCarthy explained that the Council was being asked to adopt a resolution supporting a request to the State of Minnesota Capital Budget for capital improvements to the Mendota Heights Police Department and City Hall. Councilor Mazzitello commented that without a scope or scale, they are making assumptions in terms of the funding amount requested. Police Chief Kelly McCarthy confirmed that they had to make a request and that assumptions were made. She noted that just because you ask for that amount does not mean you will be awarded that amount. She commented that all options are on the table still. She commented that it is important to acknowledge the expertise of the citizens and ensure that they are involved as it is their tax dollars that are used. Councilor Lorberbaum agreed that the City needs to be transparent and let their citizens clearly know the issues as the building looks lovely. She commented that the improvements are not looks based but needs based, and therefore those conversations will be important. Councilor Paper thanked the people that have been involved in this process. Mayor Levine commented that when she was elected, Police Chief Kelly McCarthy took her through the police station. She commented that there were two computers for every ten people, with everyone working in the same room. She commented that this space was built 36 years ago, and they have outgrown that space. She commented that she toured the recently renovated New Hope city hall and police station and realized that these are matters of workplace and community safety. She explained that when people come in to report a crime there is not a safe, segregated place for those victims to provide their statement. She stated that she is proud of the City and its staff to continue to push this capital improvement forward. She commented that she is grateful of the representatives that are also willing to provide their support in this effort. Councilor Lorberbaum moved to approve RESOLUTION NO. 2023-66 SUPPORTING A REQUEST TO THE 2024 STATE OF MINNESOTA CAPITAL BUDGET FOR THE CITY OF MENDOTA HEIGHTS POLICE DEPARTMENT AND CITY HALL RENOVATION AND EXPANSION PROJECT. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 D) REVIEW OF SECOND QUARTER CITY FINANCIAL REPORT Finance Director Kristen Schabacker provided the Council with an update on the second quarter financial progress report. Mayor Levine referenced the significant decrease in revenues from permits and licenses. City Council | Tuesday, October 17, 2023 | Page 6 of 172 October 3, 2023 Mendota Heights City Council Page 7 of 8 Finance Director Kristen Schabacker replied that last year the building permits for Reserve 2 were pulled and this year there has not been a big project of that nature. Mayor Levine thanked staff for preparing and presenting the quarterly reports as she finds the information helpful. Councilor Lorberbaum noted that she also appreciates the new format. COMMUNITY ANNOUNCEMENTS Public Works Director Ryan Ruzek provided an update on the Victoria Curve and Orchard Hills project, noting that it is a little behind schedule. He noted that the original delays were related to delays with supplies along with changes recommended by Dakota County related to storm sewer work. He noted that substantial completion is due in the third or fourth week of October. City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello echoed the comments that Commissioner Stein made about the outstanding staff members. He commented that the work of the Council and Commissions is made easier by the excellent members of City staff. He commented that October is Italian heritage month and provided some historical background. Councilor Lorberbaum noted that Indigenous People’s Day will be celebrated on October 9th recognizing that Native Americans were the first inhabitants of the country. She encouraged residents to visit Oheyawahe. Councilor Paper thanked Daniel Bogg for his 11 years of service on the volunteer Fire Department. He also thanked Commissioners Stein and Tupper for presenting today. Mayor Levine commented that last week she had the opportunity to tour Saint Paul Regional Water, noting that it is 100-year-old infrastructure that provides delicious, clean, safe water to the communities served. She commented that they are building a new facility which is the largest infrastructure project in Minnesota. She stated that she also had the opportunity to tour the Eureeka recycling plant, which was a great educational experience. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:16 p.m. City Council | Tuesday, October 17, 2023 | Page 7 of 172 October 3, 2023 Mendota Heights City Council Page 8 of 8 ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk City Council | Tuesday, October 17, 2023 | Page 8 of 172 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Special Meeting DRAFT Held Tuesday, October 3, 2023 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 Levine called the meeting to order at 6:15 p.m. Councilmembers Lorberbaum, Mazzitello, and Paper were also present. Councilmember Miller was absent. Also in attendance were City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek and City Attorney Amy Schmidt. PURCHASE OFFER CONSIDERATION Mayor Levine stated that pursuant to Minnesota Statutes 13D.05, subd. 3(c)(3), the City Council would be going into a closed session to consider a purchase offer for city-owned property located at Lakeview Avenue and Lemay Lake Rd., PID 27-28400-05-090. A motion to adjourn to a closed session was made by Councilmember Paper and seconded by Councilmember Lorberbaum. The motion passed 4-0. During the closed meeting, the City Council received information from City Staff and the City Attorney regarding the offer received by the City. The City Council examined the terms of the offer, and considered possible responses to the offer. At the conclusion of the deliberations, the City Council directed City Staff to proceed as discussed by the City Council. A motion to adjourn the closed meeting and reopen the meeting was made by Councilmember Mazzitello and seconded by Councilmember Paper. The motion passed 4-0. ADJOURN Motion by Councilmember Lorberbaum, seconded by Councilor Mazzitello to adjourn the meeting at 6:47 p.m. Motion carried 4-0. Stephanie B. Levine, Mayor ATTEST: Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 9 of 172 5b City Council | Tuesday, October 17, 2023 | Page 10 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Acknowledge the July 2023 Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the July Par 3 Financial Report. BACKGROUND In the month of July, the course had a total of 3,753 rounds of golf played and a total of $55,237 in monthly revenue. The 2023 year-to-date revenue total including July is $206,458. The course’s July expenditures totaled $33,438. The year-to-date expenditure total is $147,861. As of now the course is showing a $58,597 operating surplus. Included in the maintenance and repairs line item are the following capital items/projects that were completed and paid for: •Patio Furniture: $8,195.03 •Carpet Replacement in Clubhouse: $4,483.41 •Maintenance Building Fence: $5,318.10 •Chemicals/Fertilizer: $12,384.14 Not included in this financial report is the window replacement at the clubhouse, which totaled $10,651.91. In addition, the furnace/AC was replaced in July which cost $10,416.87. These projects were funded from the Par 3 fund, but not included in the monthly expenditure report. It is important to note that July, 2023 marked a record number of rounds in one month at the course. Attachment: July 2023 Par 3 Financial Report RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the July Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the July Par 3 Financial Report. City Council | Tuesday, October 17, 2023 | Page 11 of 172 5c MONTHLY EXPENDITURE REPORT JULY 2023 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT JULY 2023 (58.33% OF YEAR) July REVENUES July YTD YTD YTD BUDGET 2023 2023 %2022 GREENS, LEAGUE & TOURN FEES $150,000 $44,617 $137,283 91.52%$108,411 RECREATION PROGRAMS $45,000 $1,599 $46,696 103.77%$51,144 CONCESSIONS $22,500 $9,017 $22,358 99.37%$20,645 SUNDRY REVENUE $0 $4 $120 100.00%$286 INTEREST $450 $0 $0 0.00%$0 INSURANCE CLAIM $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $217,950 $55,237 $206,458 94.73%$180,486 EXPENDITURES July YTD YTD YTD BUDGET 2023 2023 %2022 CLUBHOUSE SALARIES $42,300 $9,875 $22,638 53.52%$21,745 ADMINISTRATIVE SALARIES $30,722 $2,370 $17,314 56.36%$14,292 FICA/PERA $12,952 $1,562 $5,178 39.98%$5,476 MEDICAL INSURANCE $7,187 $599 $4,193 58.34%$3,996 U/E & W/C INSURANCE $3,255 $0 $5,364 164.81%$3,103 RENTALS $6,000 $155 $2,957 49.28%$3,103 UTILITIES $14,495 $1,238 $6,924 47.77%$6,625 PROFESSIONAL FEES - AUDIT $2,990 $3,304 $3,304 110.50%$1,522 PROF FEES - CONSULTING FEES $1,100 $0 $61 0.00%$0 PROF FEES - GROUNDS MGMT $7,250 $0 $0 0.00%$0 PROF FEES - GROUNDS WAGES $25,000 $3,454 $11,201 44.81%$9,222 PROF FEES - TREE MAINTENANCE $1,500 $0 $2,779 185.25%$5,300 LIABILITY/AUTO INSURANCE $4,800 $0 $3,365 70.11%$3,885 OPERATING COSTS/SUPPLIES $8,850 $2,288 $7,975 90.12%$7,959 FUEL $2,600 $375 $1,066 41.00%$1,548 REPAIRS & MAINTENANCE $54,750 $6,352 $40,414 73.82%$28,361 SUNDRY/DUES/MILEAGE/CLOTHING $12,750 $267 $6,974 54.70%$2,404 CONTINGENCY $0 $0 $0 0.00%$0 ONLINE REG & CREDIT CARD FEES $7,975 $1,600 $6,152 77.15%$4,984 PAR 3 EXPENDITURES TOTAL $246,476 $33,438 $147,861 59.99%$123,525 City Council | Tuesday, October 17, 2023 | Page 12 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council, and City Administrator FROM: Christine Lusian, City Clerk SUBJECT: Resolution 2023-64 Appoint Election Judges and Establish Absentee Ballot Board INTRODUCTION The city of Mendota Heights is administering a special election as ordered by Governor Walz to fill the vacancy in the office of State Representative for District 52B. State law requires advance appointment of election judges and establishment of an absentee ballot board. BACKGROUND Election judges will assist voters at the polling places in precincts two through five on November 16 and December 5. The absentee ballot board will work at city hall in accepting and rejecting ballots during the absentee voting periods of November 8-16 and November 27 - December 5. BUDGET The special election is not a budgeted expense in fiscal year 2023. Contingency in the Administration budget will be used to cover costs associated with the carryout of the special election, including election worker pay. ACTION REQUIRED If the council agrees, is should adopt RESOLUTION 2023-64 APPOINT ELECTION JUDGES AND ESTABLISH ABSENTEE BALLOT BOARD for the special election by simple majority vote. City Council | Tuesday, October 17, 2023 | Page 13 of 172 5d CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-64 APPOINT ELECTION JUDGES AND ESTABLISH ABSENTEE BALLOT BOARD WHEREAS, Governor Walz ordered a special primary election on Thursday, November 16, 2023 and a special general election on Tuesday, December 5, 2023 to fill the vacancy in the office of State Representative for District 52B, and WHEREAS, appointment of election judges prior to the election they will serve is required by Minn. Stat. §204B.21 Subd. 2; and WHEREAS, establishment of an Absentee Ballot Board is required by Minn. Stat. §203B.121 Subd. 1; and WHEREAS that election judges will receive $13.00 per hour; absentee ballot board judges and head election judges $17.00 per hour. NOW, THEREFORE, BE IT RESOLVED that the Mendota Heights City Council appoints the following individuals to serve as election judges: Jacqueline Barber, Nancy Bauer, Lisa Czech, Joan Demeules, Suzanne Ferguson, Eileen Hall, Susan Holman-Sutich, Garnet Holmstadt, Barbara Kasal, Judith Klepperich, Patrick Mathews, Elizabeth Moran-Johnson, Carol Mulvihill, Kristian Olson, Michelle Parker, Ruth Petermann, Sheila Robertson, Marcia Taple, Nedine Thera. BE IT FUTHER RESOLVED, that the Mendota Heights City Council establishes an Absentee Ballot Board with the following individuals: Jacqueline Barber, Nancy Bauer, Barbara Kasal, Michelle Parker, and Nedine Thera. BE IT FURTHER RESOLVED, that the City Clerk is authorized to appoint additional election judges as needed. Adopted by the City Council of the City of Mendota Heights this 17th day of October 2023. CITY COUNCIL ATTEST CITY OF MENDOTA HEIGHTS _______________________________ ________________________________ Christine Lusian, City Clerk Stephanie B. Levine, Mayor City Council | Tuesday, October 17, 2023 | Page 14 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council, and City Administrator FROM: Christine Lusian, City Clerk SUBJECT: New Massage Therapist License INTRODUCTION The City Council is asked to approve a new massage therapist license. BACKGROUND Massage therapist applicant, Amber Johnstin, has completed application requirements, paid the associated license fees, and secured employment at licensed massage establishment Hush Therapeutic Massage. RECOMMENDATION City staff recommends City Council approve the license effective through June 30, 2024. ACTION REQUIRED If City Council concurs, it should, by motion, approve a massage therapist license for Amber Johnstin, effective through June 30, 2024. City Council | Tuesday, October 17, 2023 | Page 15 of 172 5e City Council | Tuesday, October 17, 2023 | Page 16 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, Council and City Administrator FROM: Wayne Wegener, Police Captain SUBJECT: Authorization to Renew Contract with MBRB and Continue to Conduct an Annual Limited Deer Hunt within Mendota Heights INTRODUCTION The Council is asked to renew a contract with the Metro Bowhunters Resource Base for deer population control hunts and include nuisance coyotes. BACKGROUND In 1995, the City of Mendota Heights adopted its first deer management plan with assistance from the Minnesota Department of Natural Resources (DNR) and began working with the Metro Bowhunters Resource Base (MBRB) to source and provide hunters. Since that time, the hunt has changed, along with the density of the population in the City of Mendota Heights. Over the years, council has adopted resolutions to continue working with the MBRB on deer management plans. The MBRB has also received high marks over the years from the property owners on whose land they have hunted. The following are the total number of deer harvested over the last 5 years: •2022 – 3 deer •2021 – 9 deer •2020 – 7 deer •2019 – 10 deer •2018 – 9 deer City Code 5-1-1 prohibits discharge of firearms or bow and arrow with four exemptions, one of which is for deer population control hunts under city direction. Code 5-4-3 prohibits all other hunting in the city with exemptions for government employees and other persons who meet an exemption requirement in 5- 4-3 B. In the past 21 years, the city has not granted a hunting exemption to a private party and has only issued a single archery permit. Since the inception of the program: •Police staff meet and communicate with MBRB staff to review the hunt plan, dates, options and other scenarios with MBRB staff. •Notifications are distributed annually to those residents who wish to continue participating in the hunt. •Options are provided to residents should they wish to refrain from participating in the hunt. City Council | Tuesday, October 17, 2023 | Page 17 of 172 5f • The hunt has expanded to include certain city owned/public areas, including the cemetery areas, Friendly Marsh, and Valley Park. • For the safety of the public, hunting notices of the hunt dates are posted in advance at entrances to public parks and right of ways, the authorized hunters are provided with a City of Mendota Heights ID badge and vehicle permit, and a list of the hunters' vehicles provided to the Police Department. MBRB hunters have stated that over the years they have seen several coyotes, and many of these coyotes have become so accustomed to humans, they were unafraid of them while hunting. The current plan allows hunters to shoot coyotes while hunting deer. This is legal under Minnesota State Statutes. They will not do exclusive coyote hunting, but they will shoot and properly dispose of nuisance coyotes as authorized. A representative from the MBRB stated only one coyote has been shot in recent years, as these opportunities are minimal. The MBRB contracts with numerous other cities and counties in the metro area to keep the deer population under control. In recent history, they have only stopped working with communities and/or counties when the elected officials chose to open the hunt areas to public hunting. It is recommended that the City of Mendota Heights renew the contract with the MBRB to hunt on authorized public and private lands in the city. It is further recommended the city continue to approve only MBRB hunts, sign a five-year contract with the MBRB authorizing them to shoot nuisance coyotes as part of the hunt, and allow private property owners to request deer hunting on their property by the MBRB (subject to city approval). As in past practice, the city will work with the MBRB to secure permission for hunting on private land. The proposed new contract will expire December 31, 2028. Attachment: Deer Control Services Agreement BUDGET IMPACT The police department spends approximately five hours of staff time annually working with MBRB to manage this project and by extending the permissions out another five years, that amount of staff time should remain the same. The City would agree to pay $50 per year to be named as an insured on the MBRB liability policy. RECOMMENDATION Staff recommends that the Council renew the contract with the MBRB effective through December 31, 2028. ACTION REQUIRED If the Council concurs, it should, by motion approve Resolution 2023-46 APPROVING THE CONTRACT RENEWAL WITH METO BOWUNTERS RESOURCES BASE FOR DEER CONTROL AND PUBLIC HUNT effective through December 31, 2028. City Council | Tuesday, October 17, 2023 | Page 18 of 172 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2023-46 APPROVING THE CONTRACT RENEWAL WITH METO BOWUNTERS RESOURCES BASE FOR DEER CONTROL AND PUBLIC HUNT WHEREAS, the city of Mendota Heights, via a five-year contract with Metro Bowhunters Resource Base (MBRB), has conducted successful deer hunts; and WHEREAS, the City desires to maintain a reasonable deer population within the city boundaries; and WHEREAS, such a balance can only be achieved through regular ongoing deer population control efforts. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the renewal of the contract with MBRB to conduct an annual limited deer hunt within Mendota Heights during the authorized Minnesota bow hunting season as set by the Minnesota Department of Natural Resources, subject to the following conditions: 1) Metro Bowhunters Resource Base (MBRB) receives written reauthorization from each private property owner wishing to participate in the program once every five years. 2) MBRB notifies the City in writing of the property they are authorized to hunt on before they begin hunting. 3) The hunt is conducted by the MBRB who will certify and select qualified bow hunters to participate in the hunt. 4) All deer shall be taken by bow and arrow in a safe and humane manner. 5) MBRB will notify the City of the number of deer taken during the previous season and will not exceed Minnesota Department of Natural Resources recommendation. 6) Deer of any age or gender maybe taken. 7) Hunters are authorized to take nuisance coyotes. 8) All hunters must be appropriately licensed and hold valid Minnesota Department of Natural Resources issued tags. Adopted by the City Council of the City of Mendota Heights this 17th day of October 17, 2023. CITY OF MENDOTA HEIGHTS ATTEST: Stephanie B. Levine, Mayor Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 19 of 172 DEER CONTROL SERVICE AGREEMENT CITY OF MENDOTA HEIGHTS METRO BOWHUNTERS RESOURCE BASE, INC DEER CONTROL SERVICE AGREEMENT CITY OF MENDOTA HEIGHTS METRO BOWHUNTERS RESOURCE BASE, INC WHEREAS, the City of Mendota Heights (City) is in need of services and/or goods (hereinafter "services") and Metro Bowhunters Resource Base, Inc. (MBRB), located at 7455 France Avenue South, PO Box 409, Edina, MN 55435 (Contractor) is capable of, and desires to provide such services, and WHEREAS, in consideration of the mutual promises and agreements contained herein the parties enter into this contract and agree as follows: SCOPE OF SERVICES. The City requests and the Contractor agrees to be responsible for the following services: • Provide a crew of MBRB qualified archers with sharpshooter status. • Provide certificate of liability insurance with the City listed as an additional insured before start of hunt. • Name the City of Mendota Heights as an additional insured on the general liability policy held by Metro Bowhunters. • Release and hold harmless the landowners whose land the deer hunting occurs and the City, its elected officials, agents, advisors, successors and assigns from any and all liability, losses, damages, claims, demands, actions or causes of action whatsoever that Metro Bowhunters, or its members, may hereafter have, by reason of or arising out of or resulting from any activity conducted under this Agreement or any activity conducted under the Scope of Services or any activity or participation in the deer hunt. This section survives any termination of the Agreement. • Send a mailing list of MBRB hunt participants to City before start of hunt. • Hold a Hunt Orientation Check-in and Meeting presentation before start of hunt. o Provide agreed upon hunter identification to hunters o Provide agreed upon hunter vehicle markings for each vehicle to be used in hunt. o Post main entrances to public lands hunted at beginning of season advising of hunt dates. • Have two hunt periods per season in Mendota Heights. • Gather hunt data from each participant each day. • Provide the City a verbal report on hunt progress and issues monthly. • Administer hunts in accordance with hunt rules and other procedures necessary for a safe and orderly hunt event. • Assist in tracking and recovery of deer that are reported hit by participants. City Council | Tuesday, October 17, 2023 | Page 20 of 172 • Provide liaison with the City and Police Department so that there is one point of contact for all hunting activities. • Report rule infractions and other pertinent incidents to City. • Take nuisance coyotes during hunt and dispose of properly. • Send final hunt summary data to City staff one month after completion of hunt. • And other such services as may be mutually agreed upon. The services provided under this agreement will be conducted in a manner which is consistent with that level of care and skill ordinarily exercised by members of the Contractor's occupation while performing services under similar conditions. PAYMENT FOR SERVICES. The City agrees to pay for the services, including expenses in an amount $50.00, and in accordance with payment rates or schedule as provided herein. The City will reimburse the MBRB for the cost to list the City as an additional insured party on its insurance policy for these services. LIAISONS. The City and Contractor shall each provide a designated liaison to facilitate effective communications between the two parties. TERM AND TERMINATION. The term of this Contract is from the date of execution by all parties, through December 31, 2028, unless otherwise terminated. Either party may terminate this agreement upon providing 60 written notice to the other party. IN WITNESS THEREOF, the parties hereto have executed this Contract on the date(s) indicated below: CITY OF MENDOTA HEIGHTS METRO BOWHUNTERS RESOURCE BASE I hereby certify that I represent the MBRB, and have the authority to enter into this agreement on behalf of the organization. Stephanie B. Levine, Mayor Contractor Signature Christine Lusian, City Clerk Print Name and Title Date Date City Council | Tuesday, October 17, 2023 | Page 21 of 172 City Council | Tuesday, October 17, 2023 | Page 22 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council and City Administrator FROM: Kelly McCarthy, Police Chief SUBJECT: Approval of Police Leadership Training INTRODUCTION Council is asked to approve a leadership workshop for the police chief, captain, and three sergeants facilitated by Pourquoi Pas Coaching International. BACKGROUND The formal leadership team of the Mendota Heights Police Department consists of a chief, captain, and three sergeants. The team has been in transition with the newest member being promoted in 2023. While we have invested heavily in individual training, we have not done any work as a group. With a team that could be in place for the next several years, it is important that we build strong professional relationships that will enable the team to become more resilient in the face of challenges and more adaptable in their decision-making processes. Investing in professional development is essential for the growth and sustainability of the leadership team and will help ensure that we are well-equipped to lead the MHPD in a way that our officers and citizens can be proud of. There are many companies that facilitate team building to ensure a shared understanding of roles and responsibilities. Pourquoi Pas Coaching International has extensive experience with government and nongovernment agencies around the world. The proposed statement of work that includes: •A 1.5-day leadership team offsite with the MHPD 5-member leadership team. This session will include two half-days of “working sessions” and a half-day (or evening) of team building activities. •Conducting 5-10 pre-offsite interviews (45-60 minutes each) with participants to gather information to shape content development and team-building priorities. •Summarizing and documenting offsite outcomes and recommendations, as appropriate. •Participant satisfaction survey. •Read-out of anonymized survey results to Chief and other leaders, as requested. City Council | Tuesday, October 17, 2023 | Page 23 of 172 5g BUDGET IMPACT The cost of the training is $12,000 plus expenses including travel related expenses for the facilitator not to exceed $3,000. The cost of the training is an allowable expense and eligible for reimbursement through the state allocated Public Safety Aid funds and will have no impact on the budget. REQUESTED ACTION: Approve police leadership training and authorize the Chief to sign the attached engagement letter with Pourquoi Pas Coaching International. City Council | Tuesday, October 17, 2023 | Page 24 of 172 POURQUOI PAS COACHING INTERNATIONAL 123 SLATER STREET 6TH FLOOR · OTTAWA ON · K1P 5H2 info@ppci.com (819) 576.6866 October 10, 2023 Kelly McCarthy Chief of Police Mendota Heights Police Department 1101 Victoria Curve Mendota Heights, MN 55118 Dear Chief McCarthy, Re: Leadership Retreat and Team-building Pourquoi Pas Coaching International (PQPCI) is pleased to work with the Mendota Heights Police Department (MHPD, or “Client”) to help build relationships, create a common understanding of leadership accountability, and improve communication effectiveness among leadership team members. Scope – The proposed scope is consistent with our conversation on September 26, 2023, and includes the following: • A 1.5-day leadership team offsite with the MHPD 5-member leadership team. This session will include two half-days of “working sessions” and a half-day (or evening) of team building activities. • Conducting 5-10 pre-offsite interviews (45-60 minutes each) with participants to gather information to shape content development and team-building priorities. • Summarizing and documenting offsite outcomes and recommendations, as appropriate. • Participant satisfaction survey. • Read-out of anonymized survey results to Chief and other leaders, as requested. Approach: • Pre-offsite Interviews: PQPCI will conduct 1 or 2 one-on-one interviews with offsite participants. Interviews will last 45-60 minutes each and will be conducted remotely. The intention is to gather leadership objectives, priorities, perceptions, and desired outcomes, which will be assessed and aggregated into themes that shape the agenda for the offsite session. • Leadership Offsite Session: PQPCI will plan and facilitate a 1.5-day, in-person leadership team offsite to improve communication, build trust, and foster a shared understanding of leadership team accountabilities relative to the objectives of MHPD. Attendees/Participants will include the MHPD Chief, Captain, and 3 Sergeants. The offsite structure will be as follows: o Day 1: Half-day working session followed by half-day (or evening) team- building activities 1 City Council | Tuesday, October 17, 2023 | Page 25 of 172 2 POURQUOI PAS COACHING INTERNATIONAL 123 SLATER STREET 6TH FLOOR · OTTAWA ON · K1P 5H2 info@ppci.com (819) 576.6866 o Day 2: Half-day working session and wrap-up. A summary of key insights, outcomes and recommendations will be documented and provided to the Chief by PQPCI. The offsite will be held in or near the Twin Cities at a location to be determined by MHPD. •Participant Satisfaction Survey: Following completion of the offsite sessions, PQPCI will prepare and distribute an on-line satisfaction survey to participants. The results will be aggregated in an anonymized manner and shared with the Chief, as well as other leaders as requested. Results are targeted to be delivered approximately 4 weeks following the offsite meeting. •Optional add-on (not included in scope): Following the offsite sessions, MHPD has the option to add two (2) or more one-on-one coaching sessions for each offsite participant. The goal of these coaching sessions is to reinforce key learnings and create individualized plans for implementing them through each individual’s leadership role. All sessions are confidential, whether delivered in person or remotely using videoconferencing technology (i.e., Zoom or Microsoft Teams). Timing – Proposed timing is as follows: •Pre-offsite interviews to occur between October 16 and October 27, 2023. •Target dates for offsite to occur between November 6 and November 17, 2023. •Satisfaction survey to be launched on or about November 20, 2023 with results analyzed and shared on or about the week of December 18, 2023. Engagement Price – The price for this engagement is $12,000 plus reimbursable expenses, which will be billed on a pass-through basis without markup. Reimbursable expenses include but are not limited to travel-related expenses (air, ground transportation, hotel, meals) and expenses related to facilitation materials provided by PQPCI. Pass-through costs for travel, facilitation materials and incidentals shall not exceed $3,000, with any excess absorbed by PQPCI. Any additional expenses for use of an offsite facility, including participant meals and activities, shall be directly billed to and paid by MHPD. Description Price (USD) Preparatory interviews and analysis $3,200.00 Offsite planning, delivery, and administration $8,800.00 Participant satisfaction survey and read-out – included at no charge $0.00 Total $12,000.00 City Council | Tuesday, October 17, 2023 | Page 26 of 172 POURQUOI PAS COACHING INTERNATIONAL 123 SLATER STREET 6TH FLOOR · OTTAWA ON · K1P 5H2 info@ppci.com (819) 576.6866 If desired, two or more optional, sixty-minute, one-on-one coaching sessions for offsite participants may be added to the defined scope of this proposal for a fee of $360/hour. This reduced rate for individual coaching reflects an investment by PQPCI as a one-time courtesy for MHPD leaders who participate in the offsite sessions, to be scheduled and completed prior to December 31, 2023. Description – Optional Add-on Coaching Price (USD) Individual (1-on-1) coaching sessions for offsite participants (assume 10, one-hour sessions) $4,000.00 Less one-time investment by PQPCI ($400.00) Net Price for add-on coaching (10 hours of individual coaching) $3,600.00 Payment Terms – PQPCI will invoice the MHPD according to the following payment schedule: • 50% (retainer) upon execution of this written agreement • 50% (balance) due within 30 calendar days of completion of the services. Roles and Responsibilities – PQPCI will handle the planning and delivery of the preparatory interviews and offsite sessions. PQPCI will also administer and aggregate findings from the participant satisfaction survey. Required from MHPD will be the following: • Participant names and email addresses. • Scheduling of up to two alignment meetings with the Chief prior to finalizing agenda and logistics. • Logistics around selection and booking of appropriate offsite facility. • Sharing of relevant leadership competencies, strategic and operational goals, cultural standards, and similar documentation for review in advance of one-on-one interviews. • Other preparatory materials, as appropriate or required. Logo Use – The MHPD provides Pourquoi Pas Coaching International with a revocable license to proudly feature the MHPD logo on the Pourquoi Pas website as one of its trusting clients (www.pqpci.com). Pourquoi Pas Coaching International shall remove the MHPD logo within 30 days of the license being terminated by the MHPD, which may be terminated in the sole and unfettered discretion of the MHPD. Limitation of Liability – IN NO EVENT SHALL PQPCI BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE 3 City Council | Tuesday, October 17, 2023 | Page 27 of 172 POURQUOI PAS COACHING INTERNATIONAL 123 SLATER STREET 6TH FLOOR · OTTAWA ON · K1P 5H2 info@ppci.com (819) 576.6866 AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PQPCI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT THE AGGREGATE AMOUNTS PAID OR PAYABLE TO PQPCI PURSUANT TO THIS AGREEMENT IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Please sign below to indicate acceptance of these terms and remit a duplicate original to the undersigned. Should you require any information during the course of this engagement or beyond, please contact me or Keith Rutman at keith@pqpci.com. Thank you for your confidence in Pourquoi Pas Coaching International as we deliver this important, leadership engagement for you and your team. Sincerely, Mimi Moore, CEO Pourquoi Pas Coaching International mimi@pqpci.com (819) 576.6866 Kelly McCarthy, Chief of Police Mendota Heights P.D. kmccarthy@mendotaheightsmn.gov (651) 452-1366 4 City Council | Tuesday, October 17, 2023 | Page 28 of 172 Request for City Council Action DATE: TO: FROM: October 17, 2023 Mayor and City Council Cheryl Jacobson, City Administrator SUBJECT: Reclassification of Assistant City Administrator position INTRODUCTION The City Council is asked to approve the reclassification of the Assistant City Administrator position. BACKGROUND With the addition of the special election, new staff starting and other significant projects within the Administration Department, the City Administrator is recommending a minor reorganization of the Administration Department. The reorganization consists of moving supervision of the City Clerk from the City Administrator to the Assistant City Administrator. Given the additional responsibilities and expanded positional authority, the position of Assistant City Administrator was re-evaluated resulting in a grade change of one level higher on the city’s compensation matrix. BUDGET IMPACT The reclassification results in the Assistant City Administrator position moving from grade 17 with an annual pay range of $115,459 to $141,929 to pay grade 18 with an annual pay range of $122,387 to $150,444. The change in grade can be accommodated within the city budget. ACTION REQUESTED If the council concurs, it should, by motion approve the reclassification of the Assistant City Administrator with placement on the city’s compensation scale at pay grade 18. City Council | Tuesday, October 17, 2023 | Page 29 of 172 5h *1.0 FTE job shared by two people Administration Department Organization- By Position (Proposed) City Administrator (1.0 FTE) Assistant City Administrator (1.0 FTE) City Clerk (1.0 FTE) Communications Coordinator (.6 FTE) Office Support Assistant (1.0 FTE) Finance Director (1.0 FTE) Utility Billing Clerk (1.0 FTE) Accounting Clerk (.6 FTE) Office Support Assistants* (1.0 FTE) City Council | Tuesday, October 17, 2023 | Page 30 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council and City Administrator FROM: Kelly Torkelson, Assistant City Administrator SUBJECT: Resignation of Leif Vandersteen and Authorization for Posting Police Officer Position INTRODUCTION The City Council is asked to accept the resignation of Police Officer Leif Vandersteen and authorize staff to begin the recruitment process to fill the vacant position. BACKGROUND Police Officer Leif Vandersteen submitted a letter of resignation effective October 16, 2023. With Officer Vandersteen’s resignation, the city will be looking to fill the vacant police officer position. BUDGET IMPACT The vacant police officer position is a budgeted position. Given the competitive job market, staff is requesting that the hiring salary be posted with the full range plus benefits with the intent to hire between the year 1 through year 3 range of $74,755.80- $97,902 annually plus benefits. Actual hiring salary will be determined on the selected candidate’s qualifications and experience. RECOMMENADATION Staff recommends that the City Council accept the resignation of Police Officer Leif Vandersteen and authorize staff to begin the recruitment process to fill the police officer position with the hiring salary range as recommended by the staff. REQUESTD ACTION If the City Council concurs, it should, by motion, accept the resignation of Police Officer Leif Vandersteen and authorize staff to begin the recruitment process to fill the police officer position with the hiring salary range as recommended by staff. City Council | Tuesday, October 17, 2023 | Page 31 of 172 5i City Council | Tuesday, October 17, 2023 | Page 32 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Insurance Renewal BACKGROUND Each year League of MN Cities Insurance Trust (LMCIT) requires the city to decide if we wish 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, we have not purchased additional coverage and elected not to waive the statutory tort limits. Our insurance coverage period runs November 1, 2023 to November 1, 2024. 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. City Council | Tuesday, October 17, 2023 | Page 33 of 172 5j City Council | Tuesday, October 17, 2023 | Page 34 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2023-67 Calling for a Public Hearing on Easement Vacation for the Audrey Addition INTRODUCTION The Council is asked to approve Resolution 2023-67 calling for a public hearing on an easement vacation request by petition. BACKGROUND The city of Mendota Heights received a petition for vacating a drainage and utility easement on Lot 2 & Lot 3, Block 1, Audrey Addition. A copy of the plat is attached which shows the easement areas that were dedicated and the highlighted easement to be vacated. DISCUSSION Sean Doyle, SD Custom Homes, received approval from the Mendota Heights City Council on September 5, 2023 to combine Lot 2 & Lot 3, Block 1, Audrey addition. Combining these lots leaves a drainage and utility easement which center on the new lot. This drainage and utility easement is not needed by the city for utility purposes and was platted as part of the city standard subdivision requirements. Notices will be sent to all properties within the Audrey Addition plat and all properties within 350 feet of the property. BUDGET IMPACT The Mendota Heights fee schedule includes a required $500 application fee to cover mailing, recording fees and staff time. RECOMMENDATION Staff recommends that Council approve the resolution calling for a public hearing. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Resolution No. 2023-67, “RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION”. This action requires a simple majority vote. City Council | Tuesday, October 17, 2023 | Page 35 of 172 5k CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2023-67 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION WHEREAS, the City Council, pursuant to Minnesota Statute §412.851, desires to vacate certain drainage and utility easements on Lot 2 & Lot 3, Block 1, Audrey Addition, Dakota County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, the Mendota Heights City Council will consider the vacation of easements and a public hearing shall be held on such proposed vacation on the 8th day of November, 2023, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 7:00 p.m. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this seventeenth day of October, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY________________________________ ATTEST Stephanie B. Levine, Mayor BY_________________________ Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 36 of 172 City Council | Tuesday, October 17, 2023 | Page 37 of 172 City Council | Tuesday, October 17, 2023 | Page 38 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Wentworth Park Tennis Court Rehabilitation – Change Order #1 INTRODUCTION The Council is asked to approve Change Order #1 for the Wentworth Park Tennis Court Rehabilitation project. BACKGROUND The City Council awarded a contract to Bituminous Roadways for the Wentworth Park Tennis Court Rehabilitation project at the August 15, 2023 meeting for their low bid of $118,800. The project was initiated on October 3, 2023. The metro area received over four inches of rain between September 23-25. When Bituminous Roadways removed the existing asphalt base of the tennis court they discovered that the aggregate base was saturated and not suitable for paving. The contractor dug down and further discovered there was approximately eight inches of aggregate base but over a silty clay which had visible water coming up through it. The contractor provided three options on stabilizing the base to allow the court to be paved: Option 1 – Add additional aggregate base with light weight equipment, pave a 2.5-inch base course and assess in the spring. If dry enough, the remaining 1.5 inches of asphalt would be paved. Ideally, the weight of the pavement would keep the water saturation of the base material from continuing to be saturated. This option may result in a shortened life of the asphalt base if there is movement during freeze/thaw cycles. The option is estimated to increase the bid price by $18,000. Option 2 – Blend in a Portland Cement as a cementitious stabilization. This option is not recommended due to the small size of the tennis court and the cost to mobilize the equipment. This option would increase the bid price by $45,000. Option 3 – Subcut 24 inches of the subgrade material, add 275 feet of 4-inch draintile, in a 24-inch sand layer and new aggregate base. This option would allow for the subgrade to drain. The cost for Option 3 would be $110,000 over the bid price. City Council | Tuesday, October 17, 2023 | Page 39 of 172 5l A fourth option the Council could consider would be repurposing this area of the park that would not require a paved base. BUDGET IMPACT The project is funded through the city general fund as this is replacement of an existing amenity. The city originally budgeted $90,000 for this improvement. The city did also receive a total of $30,000 in grants from the USTA. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve Change Order option 1 for the Wentworth Park Tennis Court Rehabilitation project. ACTION REQUIRED If Council concurs with the staff recommendation, they should approve Change Order option 1 for the Wentworth Park Tennis Court Rehabilitation project. The action requires a simple majority vote. City Council | Tuesday, October 17, 2023 | Page 40 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager John Boland, Public Works Superintendent SUBJECT: Approval of LED Light Conversion at the Marie Park Hockey Rink INTRODUCTION The City Council is asked to approve the conversion of the Marie Park Hockey Rink light to LED. BACKGROUND The eight flood lights at the Marie Park Hockey Rink are currently high-pressure sodium bulbs. Over the last year, the city has had a handful of bulbs that have needed to be replaced and staff believes it is prudent to replace all eight bulbs within the facility to LED bulbs prior to the winter skating season. There are significant benefits to converting the existing bulbs to LED including the following: outstanding operational lifetime, increased energy efficiency, ecologically friendly, instant lighting upon turning on the switch, reduced UV emissions and durable quality. In addition, the conversion of the bulbs at Marie Park to LED will help us achieve the next step in the Green Steps Cities program. Staff has solicited quotes for the replacement of the eight flood lights at the Marie Park Hockey Rink. The following two quotes were received: •Mid Northern Services: $6,600.00 •Arcade Electric: $7,995.00 Mid Northern Services has conducted electrical work within the City of Mendota Heights in the past, and staff is confident in their abilities in successfully complete this project. BUDGET IMPACT The lighting conversion is a not a budgeted expense. This project was in the Capital Improvement Plan for 2024. During 2024 budget discussions, it was determined that it was fiscally responsible to convert to LED bulbs prior to the 2023-2024 skating season. City Council | Tuesday, October 17, 2023 | Page 41 of 172 5m RECOMMENDATION Staff recommends that the City Council approve the conversion to LED lights at the Marie Park Hockey Rink by Mid Northern Electric Services in the amount of $6,600. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the LED light conversion at the Marie Park Hockey Rink by Mid Northern Electric in the amount of $6,600. City Council | Tuesday, October 17, 2023 | Page 42 of 172 Request for City Council Action DATE: TO: FROM: October 17, 2023 Mayor Levine and City Council; City Administrator Jacobson Jennifer Haskamp, AICP, Consulting Planning Services SUBJECT: Resolution No. 2023-70 Approving an Administrative MRCCA Minor Development Permit for 1151 Orchard Circle [Planning Case No. 2023-25] INTRODUCTION Jean and Scott Cottington are requesting approval of an Administrative Mississippi River Corridor Critical Area (MRCCA) Permit for their property located at 1151 Orchard Circle. BACKGROUND The Applicants, Jean and Scott Cottington, are proposing to construct a new deck on the subject property. The proposed deck is approximately 16’ x 16’ (256 SF) and will be constructed northwest of the existing principal structure and adjacent to an existing enclosed porch. The subject property is located in the R-1 Residential Zoning district; and is situated within the Mississippi River Corridor Critical Area overlay district. According to the city’s MRCCA Mapping of this area, the subject property is located in the SR-Separated by River District. The MRCCA Map of the subject property (appended to this council report) shows that the subject property is located approximately 280-feet from any bluff impact zone or demarcated bluff. The proposed deck will not impact the bluff line or encroach into the BIZ. The MRCCA Mapping system also identifies Primary Conservation Areas (PCA), which include protected areas such as established Significant Existing Vegetative Stands or Native Plant Communities on properties inside the MRCCA district. As shown on the attached PCA map, the proposed property is setback approximately 300-feet from any mapped primary conservation area. ANALYSIS Pursuant to City Code Section 12-3-12, “no building permit, zoning approval, or subdivision approval shall be issued for any action or development located in an area covered by this chapter (Mississippi River Corridor Critical Area) until a site plan has been prepared and approved in accordance with the provisions of this chapter.” Subpart D. of this section provides for “Minor Developments”, that are described as minor improvements to a single-family property that can be approved directly by the City Council, without Planning Commission review or recommendation, and without a public hearing, but only if the minor project and plans conform to the general standards specified within the section. The standards established for Minor Developments are as follows: City Council | Tuesday, October 17, 2023 | Page 43 of 172 5n Small building additions of 200 sq. ft. or less; decks; fences; driveways; walkways; stairs; open patios or outdoor sitting areas; storage sheds, gazebos and chicken coops; retaining walls (2’ or less in height); landscaping materials and gardens, and similar structures. All administrative approved projects must meet or comply with the following conditions. Staff review comments are provided after each condition: 1. No part of the subject property shall have slopes of greater than eighteen percent (18%). Staff Comments: The proposed deck is located on the north side of the existing home and is located adjacent to an existing porch. The deck will be constructed in an area that is relatively flat and does not impact any areas of significant slope. As proposed, the project complies with this standard. 2. No part of the project shall impact, disturb or be situated in a bluff line setback area as defined by this chapter, whether on the same parcel or on an abutting parcel of land. Staff Comments: The subject property is located within the MRCCA overlay district, however, there are no bluffs or bluff impact zones (BIZs) or Primary Conservation Areas (PCAs) present on the subject property. The proposed deck is located more than 300-feet from any designated BIZ, Bluff or PCA. The project, as proposed, will not adversely impact any abutting or neighboring property. As proposed, the project complies with this standard. 3. The proposed project shall not expand the enclosed area of the principal or accessory structures by more than two hundred (200) square feet. Staff Comments: Not applicable. The proposed deck will not be attached to the principal structure, and is not enclosed. 4. The proposed project shall not increase the height of any existing structure. Staff Comments: Not applicable. The proposed deck will be constructed at approximately the same elevation as the enclosed porch and/or principal structure. 5. The proposed project shall be in compliance with all other requirements of this Chapter, and any other applicable regulations. Staff Comment: The proposed project, including any associated grading and restoration activities are subject to the City’s rules and regulations including the Land Disturbance Guidelines. Staff has included a condition that all site work much comply with the standards and all appropriate permits must be obtained. Provided the conditions are met, the proposed project complies with this standard. 6. The proposed project shall not result in significant changes to the existing finished grade. Staff Comment: The proposed deck will be constructed at approximately the same elevation as the existing porch and principal structure. No significant changes or grading are proposed as part of this project. As proposed, the project complies with this standard. 7. The proposed project areas shall include native vegetation. City Council | Tuesday, October 17, 2023 | Page 44 of 172 Staff Comments: Not applicable. The proposed project is located on a portion of the property that is open and no native vegetation is proposed for removal as part of this project. INTERAGENCY REVIEW The MRCCA Permit application, survey, and site plan of this property were submitted to the Department of Natural Resources and National Park Service for review and comment. Both agencies had no comments or objections regarding the proposed project. RECOMMENDATION Based on staff’s interpretation of the intent of the Minor Development provisions of Title 12-3-1, the scope of the project does not require Planning Commission review or a public hearing; and therefore, may be given full consideration and approval by the City Council. As proposed, no adverse impacts to the Mississippi River Corridor’s bluff areas, bluff impact zone, or PCA’s are anticipated as a result of this project. The proposed project will have minimal to no impact on the surrounding properties or neighborhood and the project complies with the standards as described within this report. Staff recommends the City Council approve this Administrative MRCCA Permit to construct a new deck at 1151 Orchard Circle, with the findings-of fact and conditions as noted in the attached resolution. ACTION REQUIRED Adopt RESOLUTION NO. 2023-70 APPROVING AN ADMINISTRATIVE MISSISSIPPI RIVER CORRIDOR CRITICAL AREA MINOR DEVELOPMENT PERMIT FOR THE PROPERTY LOCATED AT 1151 ORCHARD CIRCLE. This action requires a simple majority vote. Attachments 1) Letter of Intent (by Owners) 2) MRCCA Maps City Council | Tuesday, October 17, 2023 | Page 45 of 172 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-70 RESOLUTION APPROVING AN ADMINISTRATIVE MISSISSIPPI RIVER ORRIDOR CRITICAL AREA (MRCCA) MINOR DEVELOPMENT PERMIT FOR PROPERTY LOCATED AT 1151 ORCHARD CIRLCE (PLANNING CASE NO. 2023-25) WHEREAS, Jean and Scott Cottington (the “Applicant” and “Owners”) applied for an Administrative Mississippi River Corridor Critical Area (MRCCA) Minor Development Permit to construct a deck on their property, as proposed under Planning Case No. 2023-25, at the property located at 1151 Orchard Circle, legally described in attached Exhibit A (the “Subject Property”); and WHEREAS, the Subject Property is located within the Mississippi River Corridor Critical Area Overlay District of the City of Mendota Heights, and the proposed project qualifies as a Minor Development under Title 12-3-12, Subpart D of the City Code provisions for those properties situated in the recognized MRCCA District; and WHEREAS, the proposed project is compliant with the required conditions for exemption from Planning Commission review and a public hearing, and can be considered and acted on directly by the City Council. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit for property located at 1151 Orchard Circle, and proposed under Planning Case No. 2022-25, is hereby approved and supported by the following finding-of-facts: A) The project qualifies as a minor development and consideration under the Administrative MRCCA Permit standards because it is a deck and no other improvements are proposed; B) The proposed project poses no threat to the general health, safety and welfare of the public, or creates any negative impacts upon the MRCCA area, adjacent bluffs, bluff impact zones (BIZ’s), Primary Conservation Areas (PCA’s) or surrounding properties; C) The proposed deck will not impact or change any grades or drainage ways on the subject property; D) The proposed project will be done in accordance with all requirements of the City’s Land Disturbance Guidelines, and City Council | Tuesday, October 17, 2023 | Page 46 of 172 Mendota Heights Res. 2023-70 Page 2 of 3 E) The proposed project meets the general purpose and intent of the Mississippi River Corridor Critical Area Overlay District and City Code. AND BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit as requested by Jean and Scott Cottington for the property located at 1151 Orchard Circle, and as presented under Planning Case No. 2023- 25, is hereby approved with the following conditions of approval: 1. After construction of the deck is complete, any disturbed area must be revegetated and any new trees or vegetation to be installed on the subject property shall be native type tree species and/or pollinator friendly plantings. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities, if applicable. 3. All disturbed areas impacted by new grading or construction work, both on the subject property shall be completely repaired and restored in a timely and expedited manner. 4. All grading and construction activity must 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. 5. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. Adopted by the City Council of the City of Mendota Heights this 17th day of October, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 City Council | Tuesday, October 17, 2023 | Page 47 of 172 Mendota Heights Res. 2023-70 Page 3 of 3 EXHIBIT A Address: 1151 Orchard Circle, Mendota Heights, Minnesota 55118 PID: 27-812-7501-030 Legal Description: LOT 3 BLOCK 1 VALS ADDITION, DAKOTA COUNTY, MINNESOTA Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 City Council | Tuesday, October 17, 2023 | Page 48 of 172 City Council | Tuesday, October 17, 2023 | Page 49 of 172 ?(G!.66666 6 66666666666666666666666666 6666* * ³³³³ """ ³ 6 6 6 6 6 6 6 6 6 6 6 6666 6 !!2 !!2898900899901897896 895 902 894 893 892891890889 903 898897898900 90189489389 9 8931151 1155 1145 1149 1140 1154 1145 18331830 2643185 175171 141 10060 58 7118630 75 295272811 1023775 185185100 100 100 30ORCHARD PLORCHARD CIRT his im agery is co pyrighted an d licen sed by Nearm ap US In c, which retain so wn ership o f the im agery. It is bein g pro vided by Dako ta Co un ty un der theterm s o f that licen se. Un der that licen se, Dako ta Co un ty is allo wed topro vide access to the “Offlin e Co py Add-On fo r Go vern m en t”, o n which thisim age services is based, at 6-in ch reso lutio n , six m o n ths after the capturedate, pro vided the user ackn o wledges that the im agery will be used in theirn o rm al co urse o f busin ess an d m ust n o t be reso ld o r distributed fo r the 1151 Orchard Circle Date: 9/28/2023 City o fMen do taHeights040 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. City Council | Tuesday, October 17, 2023 | Page 50 of 172 ?(G!.66666 6 66666666666666666666666666 6666* * ³³³³ """ ³ 6 6 6 6 6 6 6 6 6 6 6 6666 6 !!2 !!2898900899901897896 895 902 894 893 892891890889 903 898897898900 901894893 8998931151 1155 1145 1149 1140 1154 1145 18331830 2643185 175171 141 10060 58 7118630 75 295272811 1023775 185185100 100 100 30ORCHARD PLORCHARD CIR1151 Orchard Circle Date: 9/28/2023 City of Mendota Heights040 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. 16'x16' Deck City Council | Tuesday, October 17, 2023 | Page 51 of 172 City Council | Tuesday, October 17, 2023 | Page 52 of 172 1151 Orchard Circle Land Use/Land Development Mississippi River Corridor Critical Area (MRCCA) Districts DISTRICT CA-RN CA-ROS CA-RTC CA-SR CA-UC CA-UM Water Property Information Addresses Parcel Lines Tax Parcels Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 50 feet 10/12/2023 City Council | Tuesday, October 17, 2023 | Page 53 of 172 City Council | Tuesday, October 17, 2023 | Page 54 of 172 Soil Map—Dakota County, Minnesota Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/28/2023 Page 1 of 34970710497075049707904970830497087049709104970950497099049707104970750497079049708304970870497091049709504970990487870487910487950487990488030488070488110488150488190488230488270488310 487870 487910 487950 487990 488030 488070 488110 488150 488190 488230 488270 488310 44° 53' 32'' N 93° 9' 13'' W44° 53' 32'' N93° 8' 52'' W44° 53' 22'' N 93° 9' 13'' W44° 53' 22'' N 93° 8' 52'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,080 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. City Council | Tuesday, October 17, 2023 | Page 55 of 172 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:15,800. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Dakota County, Minnesota Survey Area Data: Version 18, Sep 6, 2022 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 15, 2020—Jun 9, 2020 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Dakota County, Minnesota Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/28/2023 Page 2 of 3 City Council | Tuesday, October 17, 2023 | Page 56 of 172 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 7C Hubbard loamy sand, 6 to 12 percent slopes 0.4 1.9% 39B2 Wadena loam, 2 to 6 percent slopes, eroded 2.3 11.0% 100A Copaston loam, 0 to 2 percent slopes 0.7 3.2% 411A Waukegan silt loam, 0 to 1 percent slopes 2.6 12.2% 415C Kanaranzi loam, 6 to 12 percent slopes 3.7 17.6% 449B Crystal Lake silt loam, 1 to 8 percent slopes 10.1 48.2% 896F Kingsley-Mahtomedi complex, 25 to 40 percent slopes 1.2 5.9% 1898F Etter-Brodale complex, 25 to 60 percent slopes 0.0 0.0% Totals for Area of Interest 20.9 100.0% Soil Map—Dakota County, Minnesota Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/28/2023 Page 3 of 3 City Council | Tuesday, October 17, 2023 | Page 57 of 172 City Council | Tuesday, October 17, 2023 | Page 58 of 172 City Council | Tuesday, October 17, 2023 | Page 59 of 1725o City Council | Tuesday, October 17, 2023 | Page 60 of 172 City Council | Tuesday, October 17, 2023 | Page 61 of 172 City Council | Tuesday, October 17, 2023 | Page 62 of 172 City Council | Tuesday, October 17, 2023 | Page 63 of 172 City Council | Tuesday, October 17, 2023 | Page 64 of 172 City Council | Tuesday, October 17, 2023 | Page 65 of 172 City Council | Tuesday, October 17, 2023 | Page 66 of 172 City Council | Tuesday, October 17, 2023 | Page 67 of 172 City Council | Tuesday, October 17, 2023 | Page 68 of 172 City Council | Tuesday, October 17, 2023 | Page 69 of 172 City Council | Tuesday, October 17, 2023 | Page 70 of 172 City Council | Tuesday, October 17, 2023 | Page 71 of 172 City Council | Tuesday, October 17, 2023 | Page 72 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2023 Bond Issue BACKGROUND At the September 5, 2023 city council meeting, the council authorized the public sale of $1,050,000 General Obligation Street Reconstruction Bonds. The issue will be financing the Victoria Curve Street Improvement project. Standard & Poor’s affirmed the city’s AAA bond rating with a stable outlook. The proposal opening will be held on October 17, 2023 and the results of the opening will be presented that evening at the council meeting. The council will take action on the sale at the October 17, 2023 council meeting. A representative from Ehlers and Associates will be present to present a tabulation of the bids received. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION Staff recommend that council pass a motion to adopting Resolution 2023-68 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,050,000 G ENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2023A, AND LEVYING A TAX FOR THE PAYMENT THEREOF. City Council | Tuesday, October 17, 2023 | Page 73 of 172 7a 129319358v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: OCTOBER 17, 2023 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, 2023, at 7:00 P.M., for the purpose of, in part, of authorizing the issuance and awarding the sale of $1,050,000 General Obligation Street Reconstruction Bonds, Series 2023A. The following members were present: and the following were absent: Member ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _________ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,050,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2023A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,050,000 General Obligation Street Reconstruction Bonds, Series 2023A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and Section 475.58, Subdivision 3b, to finance street reconstruction improvements under the City's 2023 through 2027 Five-Year Street Reconstruction Overlay Plan adopted on September 5, 2023 (the "Improvements"); and B. WHEREAS, on September 5, 2023, following duly published notice thereof, the Council held a public hearing on the issuance not to exceed of approximately $1,200,000 principal amount of bonds to finance the Improvements and all persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and C. WHEREAS, no petition signed by voters equal to 5 percent of the votes cast in the City in the last municipal general election requesting a vote on the issuance of the street reconstruction bonds has been filed with the City Clerk within 30 days after the public hearing on September 5, 2023; and D. WHEREAS, the Bonds, together with any outstanding bonds of the City that are subject to the City's net debt limit, do not exceed the City's net debt limit; and City Council | Tuesday, October 17, 2023 | Page 74 of 172 129319358v1 2 E. 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 F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Clerk, or designee, at the office of Ehlers, at 11:00 A.M. on the date hereof, pursuant to the Preliminary Official Statement for the Bonds, dated October 5, 2023; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; 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, at the rates of interest hereinafter set forth, and to pay therefor the sum of $_____________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated November 8, 2023, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2026 2031 2027 2032 2028 2033 2029 2034 2030 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: City Council | Tuesday, October 17, 2023 | Page 75 of 172 129319358v1 3 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the 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. City Council | Tuesday, October 17, 2023 | Page 76 of 172 129319358v1 4 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds City Council | Tuesday, October 17, 2023 | Page 77 of 172 129319358v1 5 shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. 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 (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representation 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 Representation 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, 2024, 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 2026 2031 2027 2032 2028 2033 2029 2034 2030 5. Optional Redemption. All Bonds maturing February 1, 2033 and thereafter shall be subject to redemption and prepayment at the option of the City on February 1, 2032, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. City Council | Tuesday, October 17, 2023 | Page 78 of 172 129319358v1 6 To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered Holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 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: City Council | Tuesday, October 17, 2023 | Page 79 of 172 129319358v1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS R-_______ $_________ GENERAL OBLIGATION STREET RECONSTRUCTION BOND, SERIES 2023A Interest Rate Maturity Date Date of Original Issue CUSIP ____% February 1, November 8, 2023 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: ________________________________________ DOLLARS 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, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2024, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) 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 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. City Council | Tuesday, October 17, 2023 | Page 80 of 172 129319358v1 8 Optional Redemption. All Bonds of this issue (the "Bonds") maturing February 1, 2033 and thereafter are subject to redemption and prepayment at the option of the Issuer on February 1, 2032, 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 $1,050,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on October 17, 2023 (the "Resolution"), for the purpose of providing money to finance street reconstruction improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Street Reconstruction Bonds, Series 2023A 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 City Council | Tuesday, October 17, 2023 | Page 81 of 172 129319358v1 9 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 by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. City Council | Tuesday, October 17, 2023 | Page 82 of 172 129319358v1 10 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 City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION 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 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk City Council | Tuesday, October 17, 2023 | Page 83 of 172 129319358v1 11 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ___________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_________________ ____________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not affect 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.) City Council | Tuesday, October 17, 2023 | Page 84 of 172 129319358v1 12 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by 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 8, 2023. 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. City Council | Tuesday, October 17, 2023 | Page 85 of 172 129319358v1 13 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 the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten 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. Funds. There is hereby established a special fund to be designated the "General Obligation Street Reconstruction Bonds, Series 2023A 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 City Council | Tuesday, October 17, 2023 | Page 86 of 172 129319358v1 14 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 following two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capitalized interest. From the Construction Account there shall be paid all costs and expenses of making the Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes 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 shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged and shall be credited to the Debt Service Account (i) 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, 2024); (ii) all collections of taxes herein or hereafter levied for the payment of the Bonds; (iii) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof; (iv) all investment earnings on funds held in the Debt Service Account; and (v) 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 amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The Debt Service Account shall be used solely to pay the principal and interest on the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service 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 (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (ii) 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 said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Construction Account 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"). City Council | Tuesday, October 17, 2023 | Page 87 of 172 129319358v1 15 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount SEE ATTACHED SCHEDULE IN EXHIBIT B The tax levies are such that if collected in full they 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. 17. 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. 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 Council | Tuesday, October 17, 2023 | Page 88 of 172 129319358v1 16 City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 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 "Program"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Program; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Program, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds, and not later than three years after the later of (i) the date of the payment of the Reimbursement Expenditure, or (ii) 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. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual City Council | Tuesday, October 17, 2023 | Page 89 of 172 129319358v1 17 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 City 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. 21. Certificate of Registration and Tax Levy. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Dakota County, Minnesota, together with such other information as the County Auditor shall require, and there shall be obtained from the County Auditor a certificate that the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made. 22. 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. 23. Negative Covenant as to Use of 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. 24. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts City Council | Tuesday, October 17, 2023 | Page 90 of 172 129319358v1 18 invested at a yield greater than the yield on the Bonds, and (iii) 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 small issuer 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 (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bonds are a private activity bond; (iii) 95% 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 (iv) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or 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. 25. 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 2023 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2023 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. 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. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, City Council | Tuesday, October 17, 2023 | Page 91 of 172 129319358v1 19 San Francisco, California on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. 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. 29. 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. City Council | Tuesday, October 17, 2023 | Page 92 of 172 129319358v1 20 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting City Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as the minutes relate to considering proposals and awarding the competitive negotiated sale of $1,050,000 General Obligation Street Reconstruction Bonds, Series 2023A. WITNESS my hand on October 17, 2023. ________________________________ City Clerk City Council | Tuesday, October 17, 2023 | Page 93 of 172 129319358v1 A-1 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] City Council | Tuesday, October 17, 2023 | Page 94 of 172 129319358v1 B-1 EXHIBIT B TAX LEVY SCHEDULE [To be supplied by Ehlers & Associates, Inc.] City Council | Tuesday, October 17, 2023 | Page 95 of 172 City Council | Tuesday, October 17, 2023 | Page 96 of 172 Request for City Council Action DATE: October 17, 2023 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2023-69 Adopting and Confirming Assessments for the Victoria Curve Street Improvements INTRODUCTION The Council is asked to preside over an assessment hearing and adopt the assessment roll for the Victoria Curve Street Improvements. BACKGROUND Council ordered the Victoria Curve Street Improvements at their February 27, 2023 meeting, and directed staff to prepare plans and specifications for this street reconstruction project. The plans were approved and authorized to bid at the May 16, 2023 meeting. Council accepted bids and awarded the project to Danner Construction at their June 20, 2023 meeting. The Public Hearing for the consideration of special assessments for the Victoria Curve Street Improvements was advertised for the City Council meeting at 7:00 P.M. on October 17, 2023. The project is nearing substantial completion. The contractor is planning to complete the project by October 27, 2023. The improved streets include: •Victoria Curve (from Lexington Avenue to Highway 13) – Pavement reclamation, select curb replacement, trail improvements, and storm sewer improvements •Orchard Hill (from Lexington Avenue to the end of the cul-de-sac) – Pavement reclamation, select curb replacement, pedestrian improvements, and storm sewer Items to consider are the multiple assessments assigned to Beth Jacob Congregation and to the Culligan property. The attached assessment map from the feasibility report identified Beth Jacob Congregation as having three assessable units due to the frontage along Victoria Curve. This property was assessed one unit under the Hunter Lane Reconstruction. Staff would support a reduction to two units for the frontage along Victoria Curve. City Council | Tuesday, October 17, 2023 | Page 97 of 172 8a The Culligan property was also identified as having three assessable units due to the frontage along Victoria Curve. This property was assessed one unit under the Glenhill Road improvement and was recently approved for a subdivision of two lots which would front along Glenhill Road. Staff would support a reduction to unit for the frontage along Victoria Curve. BUDGET IMPACT The Victoria Curve Street Improvements are proposed to be financed by Special Assessments, Municipal Bonds, State Aid, and Utility Funds. The total contract cost for the Victoria Curve Street Improvements is $1,367,200. The project costs are further expanded to include indirect costs for administration, engineering, finance, legal, etc.: Project Total Total Estimated Costs Street Improvements $ 890,821 Indirect Costs for Street Improvements (20%)* $ 178,164 Total Costs for Street Improvements $ 1,068,985 Trail Improvements $ 119,878 Indirect Costs Trail Improvements (20%)* $ 23,976 Total Costs for Trail Improvements $ 143,853 Storm Sewer Improvements $ 167,296 Sanitary Sewer Improvements $ 9,000 Water Improvements $ 2,100 Total Cost for Utility Improvements $ 178,396 Total Improvement Cost $ 1,189,095 Total Indirect Costs for City* $ 202,140 Total Cost $ 1,391,234 Rounded Total Cost $ 1,367,200 *Indirect costs include legal, engineering, administration, and finance Assessment Calculation Total Total Project Cost $ 1,367,200 Assessable Amount $ 1,068,985 Assessment Amount (50% of Assessable Amount) $ 534,493 Total Units - Residential* 29 Assessment - Residential $ 176,139.61 Total Units - City of Mendota Heights* 59 City Assigned Assessment Amount $ 358,352.99 Total Units 88 Unit Assessment (Assessable amount/ XX Units) $ 6,073.78 Total Assessment Amount $ 6,074 *1 unit = 100 frontage feet City Council | Tuesday, October 17, 2023 | Page 98 of 172 Funding Source Project Total Municipal Levy $ 428,346 Municipal Levy-ROW $ 358,353 Total Municipal Levy $ 786,699 Resident and Business Assessment (50%) $ 176,140 State Aid Funding $ 250,000 Utility Fund – Storm Sewer $ 167,296 Utility Fund – Sanitary Sewer Fund $ 9,000 Utility Fund – Water Fund $ 2,100 Total $ 1,391,234 The total amount of the street reclamation assessment shall be payable in equal amounts extending over a period of 10 years. Unpaid assessments will be charged an interest rate that will be 2% above the true interest cost of the bonds issued for these projects per annum. RECOMMENDATION Staff recommends that Council conduct the required Public Hearing and adopt the attached assessment roll as prepared, or amend them based on considering a reduction of units for the Beth Jacob Congregation and the Culligan property if Council deems it appropriate to do so. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion adopting A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE VICTORIA CURVE STREET IMPROVEMENTS. This action requires a super majority vote. City Council | Tuesday, October 17, 2023 | Page 99 of 172 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-69 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE VICTORIA CURVE STREET IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Mendota Heights City Council has met and heard and passed upon all objections to the proposed assessment for the improvement to certain street identified as: Victoria Curve (from Lexington Avenue to Highway 13) – Pavement reclamation, select curb replacement, trail improvements, and storm sewer improvements Orchard Hill (from Lexington Avenue to the end of the cul-de-sac) – Pavement reclamation, select curb replacement, Pedestrian crossing, and storm sewer improvements NOW, THEREFORE, BE IT RESOLVED, by the Mendota Heights City Council that: 1. Such proposed assessments, copies of which are attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The total amount of the street reclamation assessment shall be payable in equal amounts extending over a period of 10 years. The first of the installments shall be the annual principal plus interest calculated from the public hearing date to the end of this year plus twelve months of the next year and shall bear interest at the rate of 2% above the true interest cost of the bonds issued per annum from the date of the adoption of the assessment resolution. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The property owner may, at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appearing upon the current year’s property tax statement. 4. The City Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment rolls with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Adopted by the City Council of the City of Mendota Heights this seventeenth day of October, 2023. City Council | Tuesday, October 17, 2023 | Page 100 of 172 CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST _________________________ Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 101 of 172 City Council | Tuesday, October 17, 2023 | Page 102 of 172 City of Mendota Heights - Assessment RollStreet Rehabilitation = 10 years Job # 202305 Victoria CurveDraft Assessment Hearing: 10/17/2023 Parcel ID Owner and Address Legal Lot and Block Improvement Amount 27- 02700- 02-041 Stephen Tste Rolf & 1115 Elway St Unit 309 $18,222.00 Linda Tste Montana Rehabilitation St. Paul, MN 55116 Sec 27 Twn 28 Range 23 S 190 ft of N 899.5 ft of E 684.98 ft of NE 1/4 Ex pt platted in Swansons 2nd Addition 27- 02700- 04-020 City of Mendota Heights 1101 Victoria Curve $42,518.00Rehabilitation St. Paul, MN 55118-4167 Sec 27 Twn 28 Range 23 SE 1/4 of SE 1/4 Ex S 208.71 ft of E 208.71 ft Sub to Hgwy Esmt over 1.75 A 27- 13700- 00-010 City of Mendota Heights 1101 Victoria Curve $6,074.00Rehabilitation St. Paul, MN 55118-4167 AOutlot A Beth Jacob Synagogue 27- 13700- 01-010 Beth Jacob Congregation 1179 Victoria Curve $18,222.00Rehabilitation Mendota Heights, MN 55118-4106 1L-1 B-1 Beth Jacob Synagogue 1 27- 15600- 00-012 Lynn E. Burow 1219 Victoria Curve $6,074.00Rehabilitation Mendota Heights, MN 55118-4107 1Burns Heights L-1 S 1/3 of L-1 Ex W 15 ft of S 90 ft to Hgwy 27- 15600- 00-022 Vinh Truong 8754 Pheasant Run Rd $6,074.00Rehabilitation Woodbury, MN 55125 2Burns Heights Lot 2 Ex N 1/3 Thereof 10/12/2023 Page 1 of 4 City Council | Tuesday, October 17, 2023 | Page 103 of 172 Parcel ID Owner and Address Legal Lot and Block Improvement Amount 27- 15600- 00-030 Gregory A. & Edith M. Bolin 1215 Victoria Curve $6,074.00Rehabilitation Mendota Heights, MN 55118-4107 3L-3 Burns Heights 27- 15600- 00-040 Larry & Gina Alexander 1203 Victoria Curve $6,074.00Rehabilitation Mendota Heights, MN 55118 4Burns Heights W 80 ft of L-4 27- 15600- 00-052 Corey Skelton 1193 Victoria Curve $6,074.00Rehabilitation Mendota Heights, MN 55118 5Burns Heights Ex 43.4 ft ex N 160 ft of L-4 & W 36.6 ft ex N 160 ft of Lot 5 27- 73601- 01-010 Erin Pash 1858 Orchard Hill Road $6,074.00Rehabilitation Mendota Heights, MN 55118 1L-1 B-1 Swansons 2nd Addition 1 27- 73601- 01-020 Brian J. & Luann E. Tacke 1854 Ochard Hill $6,074.00Rehabilitation Mendota Heights, MN 55118-4168 2L-2 B-1 Swansons 2nd Addition 1 27- 73601- 01-030 Martin H. & Karole K. Abelovitz 1850 Orchard Hill $6,074.00Rehabilitation Mendota Heights, MN 55118 3L-3 B-1 Swansons 2nd Addition 1 27- 73601- 01-040 Mary Miller Tste Kelly 1849 Orchard Hill $6,074.00Rehabilitation Mendota Heights, MN 55118 4L-4 B-1 Swansons 2nd Addition 1 10/12/2023 Page 2 of 4 City Council | Tuesday, October 17, 2023 | Page 104 of 172 Parcel ID Owner and Address Legal Lot and Block Improvement Amount 27- 73601- 01-050 Gregg M. Cummings & 1851 Orchard Hill $6,074.00 Elizabeth Cummings Rehabilitation Mendota Heights, MN 55118 5L-5 B-1 Swansons 2nd Addition 1 27- 73601- 01-060 Brian J. & Margaret C. Reagan 1853 Orchard Hill $6,074.00Rehabilitation Mendota Heights, MN 55118-4168 6L-6 B-1 Swansons 2nd Addition 1 27- 73601- 01-070 Stephen R. & Susan K. Dahl 1855 Orchard Hill $6,074.00Rehabilitation Mendota Heights, MN 55118-4168 7L-7 B-1 Swansons 2nd Addition 1 27- 81251- 00-011 Lawrence J. Tste Culligan & 1941 Glen Hill Road $18,222.00 Mary M. Tste Culligan Rehabilitation Mendota Heights, MN 55118 AValley View Oak 2nd Addition Pt of outlot A lying S'ly of line from SW cor Lot 1 Blk 1 said Valley View Oak 2nd Addition to pnt on W line outlot A 119 ft S'ly of NW cor there term outlot A 1 10/12/2023 Page 3 of 4 City Council | Tuesday, October 17, 2023 | Page 105 of 172 Parcel ID Owner and Address Legal Lot and Block Improvement Amount Number of Properties: 17 Total Assessment $176,146.00 10/12/2023 Page 4 of 4 City Council | Tuesday, October 17, 2023 | Page 106 of 172 Request for City Council Action DATE: TO: FROM: October 17, 2023 Mayor, City Council and City Administrator Jennifer Haskamp, AICP, Interim Planning Services SUBJECT: Resolution No. 2023-71 Approving a Lot Line Adjustment at 614 Hidden Creek Trl. [Planning Case No. 2023-15] INTRODUCTION The City Council is asked to consider adopting a resolution of approval for a Lot Line Adjustment at 614 Hidden Creek Trail and 620 Hidden Creek Trail. The Applicants, Patrick and Mary O’Reilly, are proposing the adjustment and both affected property owners support the requested adjustment. BACKGROUND The Applicants are proposing a lot line adjustment of the shared side-yard property line between 614 and 620 Hidden Creek Trail. There are existing landscape improvements including a fence line associated with the 620 Hidden Creek Trail property that encroach over the existing lot line onto 614 Hidden Creek Trail. The proposed adjustment will deed approximately 88 square feet of land from 614 Hidden Creek to 620 Hidden Creek Trail to align with current lot improvements. The adjustment will resolve the encroachment and ensure the improvements associated with each lot are fully contained within the property boundary of the respective properties. No additional lots, access or other physical improvements are proposed. At the September 26, 2023 Planning Commission meeting, a planning report was presented. A duly noticed public hearing was held, and comments from property owners were received and recorded into the public record. A copy of the 9/26/2023 planning report is provided as an attachment to this memo. The City received no inquires, and no one from the public provided testimony at the public hearing. RECOMMENDATION The Planning Commission recommended approval of the request (7-0) as described in Planning Case 2023-15, for the properties located at 614 Hidden Creek Trail with findings-of-fact to support approval and certain conditions, as memorialized in the attached [draft] resolution. City Council | Tuesday, October 17, 2023 | Page 107 of 172 9a ACTION REQUESTED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2023-71, APPROVING A LOT LINE ADJUSTMENT AT 614 HIDDEN CREEK TRAIL AND 620 HIDDEN CREEK TRAIL. City Council | Tuesday, October 17, 2023 | Page 108 of 172 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-71 RESOLUTION APPROVING A LOT LINE ADJUSTMENT AT 614 HIDDEN CREEK TRAIL AND 620 HIDDEN CREEK TRAIL [PLANNING CASE NO. 2023-15] WHEREAS, Patrick and Mary O’Reilly, the Owner and Applicant of 614 Hidden Creek Trail made an Application for a Lot Line Adjustment as proposed under Planning Case No. 2023- 15, for property as legally described in Exhibit A; and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan, situated in the R-1 One Family Residential District; and WHEREAS, Title 11-1-5.C of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district and further stipulates any deviation from this ordinance requires a variance; and WHEREAS, the Applicants propose a lot line adjustment of the shared side-yard property line between 614 and 620 Hidden Creek Trail, and the lots resulting after the adjustment are described and illustrated on attachment Exhibit B; and WHEREAS, Matt and Adrianna Birk are the Owners of 620 Hidden Creek Trail and have no objections to the Lot Line Adjustment and support the request; and WHEREAS, on September 26, 2023 the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Line Adjustment application, and whereupon closing the hearing, recommended unaimously to approve the lot line adjustment on the subject property, with certain conditions and find-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission on Planning Case No. 2023-15 is hereby affirmed, and the Lot Line Adjustment requested for the property located at 614 Hidden Creek Trail and 620 Hidden Creek Trail is approved based on the following findings-of-fact. 1. The proposed lot line adjustment request meets the general purpose and intent of the City Code and is considered consistent with the Comprehensive Plan. 2. Approval of the lot line adjustment will have no visible impact on the subject properties; and poses no threat or creates any negative impacts on the character of the neighborhood. 3. The proposed adjustment does not cause any non-conformities on either parcel, based on the applicable zoning district standards for lot size and frontage requirements. City Council | Tuesday, October 17, 2023 | Page 109 of 172 BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Line Adjustment requested for the properties located at 614 and 620 Hidden Creek Trail is hereby approved, with the following conditions: 1. Applicants must record the Lot Line Adjustment (minor subdivision) at Dakota County indicating the newly revised property descriptions for the resulting lots. 2. All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. Adopted by the City Council of the City of Mendota Heights this 17th day of October 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 110 of 172 Res 2023-71 Page 3 EXHIBIT A Property Address: 614 Hidden Creek Trail Existing Legal Description: Lot 10, Block 1, HIDDEN CREEK ESTATES, Dakota County, Minnesota Proposed Legal Description: That part of Lot 10, Block 1 HIDDEN CREEK ESTATES, Dakota County, Minnesota, EXCEPT that part lying Southerly and Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 10; thence southeasterly along the Southwesterly line of said Lot 10, said line having an assumed bearing of South 48 degrees 13 minutes 19 seconds East, a distance of 114.34 feet to the point of beginning; thence North 61 degrees 27 minutes 26 seconds East a distance of 14.62 feet; thence South 30 degrees 57 minutes 46 seconds East a distance of 46.40 feet to a point on said Southwesterly line of Lot 10 and there terminating. Property Address: 620 Hidden Creek Trail Existing Legal Description: Lot 11, Block 1, HIDDEN CREEK ESTATES, Dakota County, Minnesota Proposed Legal Description: Lot 11 and that part of Lot 10 lying Southerly and Westerly of the following described line, all in Block 1, HIDDEN CREEK ESTATES, Dakota County, Minnesota: Commencing at the Southwesterly corner of said Lot 10; thence southeasterly along the Southwesterly line of said Lot 10, said line having an assumed bearing of South 48 degrees 13 minutes 19 seconds East, a distance of 114.34 feet to the point of beginning; thence North 61 degrees 27 minutes 26 seconds East a distance of 14.62 feet; thence South 30 degrees 57 minutes 26 seconds East a distance of 14.62 feet; thence South 30 degrees 57 minutes 46 seconds East a distance of 46.40 feet to a point on said Southwesterly line of Lot 10, distant 366.77 northwesterly of the Southeasterly corner of said Lot 10 and there terminating. City Council | Tuesday, October 17, 2023 | Page 111 of 172 1 PLANNING STAFF REPORT DATE: September 26, 2023 TO: Planning Commission FROM: Jennifer Haskamp, AICP -Swanson Haskamp Consulting SUBJECT: Planning Case No. 2023-15 Lot Line Adjustment APPLICANT: Patrick and Mary O’Reilly PROPERTY ADDRESS: 614 Hidden Creek Trail ZONING/GUIDED: R-1 One-Family Residential/SF Residential ACTION DEADLINE: 01/24/2024 (120-day Review Period) INTRODUCTION Mr. Patrick and Ms. Mary O’Reilly are requesting consideration of a simple lot line adjustment on a 5 acre parcel of land that they currently own, located at 614 Hidden Creek Trail. A public hearing notice for this planning item was published in the Pioneer Press and notice letters were mailed to all properties within 350-feet of the subject property. DESCRIPTION OF THE REQUEST The subject property is located at 614 Hidden Creek Trail and resides within the Hidden Creek Estates subdivision. Platted in 2002, the subject property shares its southeastern boundary line with 620 Hidden Creek Trail, which is owned by Matt and Adrianna Birk. Both properties are zoned R-1 and were developed with single-family structures in 2004 and 2005, respectively. The properties are located on the east end of Hidden Creek Trail at the terminus of the cul-de-sac (see map for location). Mr. & Mrs. O’Reilly are proposing to deed approximately 88 square feet to the Birks and reconfigure the lot line between their property and 620 Hidden Creek Trail to align with current improvements that encroach over the property line. The proposed lot line adjustment would better align with how both properties were built and are currently utilized. City Council | Tuesday, October 17, 2023 | Page 112 of 172 Planning Report: Case #2023-15 Page 2 A summary of the existing properties, and the proposed configuration is provided in the following table: 614 Hidden Creek Trail 620 Hidden Creek Trail Existing Proposed Existing Proposed Lot Area (Size) 222,866 SF (5.12 Ac.) 222,778 SF (5.11 Ac.) 84,075 SF (1.93 Ac.) 84,163 SF (1.93 Ac.) Lot Width 445 SF 440 SF 173 FT 178 SF Lot Depth 430 SF 430 SF 423 FT 423 FT Side yard setback (shared) 5 FT 5 FT 5 FT 5 FT ANALYSIS City Code Section 11-1-5.C.1., states: “Lot line adjustment request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a piece of land to an abutting lot and the newly created property line will not cause the other remaining portion of the lot to be in violation with this title or the zoning ordinance. . .” The newly described parcel descriptions on the applicant’s survey indicates the O’Reilly property will result in 5.11 acres of lot area, and the Birk’s will contain 1.93 acres of area. This request to modify each parcel’s boundary line meets this City Code section, as the resulting 88 square feet will be added to the Birk’s parcel only; and the line adjustment does not cause the subject lots to be in violation of the zoning ordinance. Furthermore, the Applicant’s properties remain unchanged along the public street frontage; and, as shown in Table 1, each lot will exceeds the minimum lot size of 15,000 sq. ft. for parcels in the R-1 One-Family Residential district. This lot line adjustment will have little, if any, impact upon the neighboring properties, the residual parcel, nor impede the normal use, enjoyment and purpose of the entire Hidden Creek Estates neighborhood. ALTERNATIVES 1. Recommend approval of the lot line adjustment, based on the attached findings-of-fact and based on certain conditions; or 2. Recommend denial of the lot line adjustment, based on the revised findings-of-fact that the proposed adjustment is not consistent with the City Code or Comprehensive Plan and may have a negative impact on the surrounding neighborhood and/or properties; or 3. Table the request; and request more information from the Applicant or city staff to be presented back to the Planning Commission at the next regular meeting. STAFF RECOMMENDATION Staff recommends approval of the lot line adjustment based on the attached findings of fact supporting the request, with conditions noted as follows: 1. Applicants must record the Lot Line Adjustment (minor subdivision) at Dakota County indicating the newly revised property descriptions for the resulting lots. 2. All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. City Council | Tuesday, October 17, 2023 | Page 113 of 172 Planning Report: Case #2023-15 Page 3 FINDINGS OF FACT FOR APPROVAL Lot Line Adjustment 614 Hidden Creek Trail The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed lot line adjustment request meets the general purpose and intent of the City Code and is considered consistent with the Comprehensive Plan. 2. Approval of the lot line adjustment will have no visible impact on the subject properties; and poses no threat or creates any negative impacts on the character of the neighborhood. 3. The proposed adjustment does not cause any non-conformities on either parcel, based on the applicable zoning district standards for lot size and frontage requirements. City Council | Tuesday, October 17, 2023 | Page 114 of 172 City Council | Tuesday, October 17, 2023 | Page 115 of 172 City Council | Tuesday, October 17, 2023 | Page 116 of 172 Request for City Council Action DATE: TO: FROM: October 17, 2023 Mayor, City Council and City Administrator Jennifer Haskamp, AICP, Interim Planning Services SUBJECT: Resolution No. 2023-72, Approving a Variance at 1480 Sibley Memorial Hwy for LCS Company [Planning Case 2023-16] INTRODUCTION The City Council is asked to consider adopting a resolution approving a request for a Variance from the required yard setbacks to allow LCS Company to construct an addition on the existing industrial building. BACKGROUND The Applicant, LCS Company, is seeking a variance from the required yard setbacks to construct an addition on the existing industrial building. The proposed addition will increase the manufacturing floor area by approximately 12,000 square feet and will add an approximately 4,000 square foot mezzanine garage. The proposed addition is located on the north and east side of the existing building and as proposed will encroach on the required yard setbacks. The subject site is bordered by right-of-way on all property lines, which results in increased yard setbacks on all property lines and significantly constrains the developable area on the parcel. A summary of the requested variance is provided in the following table: Property Line Setback Required Setback (I) Existing Building Proposed Addition Variance Request for Addition Side Yard Setback (Perron) 40’ ~80’ 40’ and 30’ at angled property line 10’ at angled property line Rear Yard Setback (Hwy 13) 50’ 21’ to ~80’ 30’ 20’ Font Yard Setback (Sibley Memorial) 40’ 15’ No Change NA At the September 26, 2023 Planning Commission meeting, a planning report was presented and a duly noticed public hearing was held. A copy of the 9/26/2023 planning report is attached to this memo. The City did not receive any inquiries regarding the variance. There was no public testimony provided at the public hearing. City Council | Tuesday, October 17, 2023 | Page 117 of 172 9b RECOMMENDATION The Planning Commission unanimously recommended approval of the request as described in Planning Case 2023-16, for the property located at 1480 Sibley Memorial Hwy (LCS Company) including findings of fact and certain conditions as memorialized in the attached [draft] resolution. ACTION REQUESTED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2023-72, APPROVING A VARIANCE AT 1480 SIBLEY MEMORIAL HWY (LCS COMPANY). City Council | Tuesday, October 17, 2023 | Page 118 of 172 Res 2023- 72 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-72 RESOLUTION APPROVING A VARIANCE AT 1480 SIBLEY MEMORIAL HWY (LCS COMPANY) [PLANNING CASE 2023-16] WHEREAS, LCS Company made an Application for a Variance as proposed under Planning Case No. 2023-16, for the property located at 1480 Sibley Memorial Hwy: and WHEREAS, the subject property is guided Industrial in the 2040 Comprehensive Plan and situated in the Industrial Zoning District, and WHEREAS, the Applicant proposes to construct an approximately 16,000 square foot addition onto the existing industrial building which will encroach into the required yard setbacks on the north (side) and east (rear) sides of the property; and WHEREAS, the proposed addition will encroach approximately 10-feet into the required north (side) yard setback and approximately 20-feet into the required east (rear) yard setback; and WHEREAS, on September 26, 2023, the Mendota Heights Planning Commission conducted a public hearing on the proposed Variance application, and whereupon closing the hearing, recommended unanimously to approve the variance on the subject property, with certain conditions and findings-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2023-16 is hereby affirmed, and the Variance requested for the property located at 1480 Sibley Memorial Hwy, is approved based on the following findings-of-fact: 1. The proposed manufacturing and garage addition is consistent with the current use of the subject property for an Industrial building and business operations. 2. The subject property is guided Industrial in the 2040 Comprehensive Plan and a manufacturing facility is consistent with this land use designation. 3. The industrial building used for a manufacturing business is established as a permitted use in the Industrial zoning district, and the proposed addition is an expansion of the use. 4. The proposed variance to encroach into the required yard setback to build the addition is consistent with the setback of the existing façade along Highway 13. The expansion City Council | Tuesday, October 17, 2023 | Page 119 of 172 along the east façade will blend into the existing building and will not encroach further into the setback than the existing building. 5. Provided the conditions of the Variance approval are met, the proposed project will not adversely impact the character of the surrounding area. 6. The Applicant has successfully demonstrated that practical difficulties exist that warrant the approval with conditions of the variance request to encroach into the required yard setbacks on the north and east property line. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance requested for the property located at 1480 Sibley Memorial Hwy is hereby approved, with the following conditions: 1. The Applicant shall submit a landscape plan that identifies the tree removal along the east property line and the tree replacement plan. The City staff shall review and approve the landscape plan prior to issuance of the Building Permit. 2. The Applicant must obtain all necessary permits from the Public Works Director and comply with the Land Disturbance requirements. 3. The Applicant must obtain all required City permits, including but not limited to, a Grading Permit and Building Permit. 4. The Applicant must obtain any necessary permits from all applicable agencies with jurisdiction over the project. 5. If any changes to the plan set are proposed, the Applicant must come back to the City to determine the proper permitting process. Adopted by the City Council of the City of Mendota Heights this 17th day of October 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 120 of 172 PLANNING STAFF REPORT DATE: September 26, 2023 TO: Planning Commission FROM: Jennifer Haskamp, AICP - SHC SUBJECT: Planning Case No. 2023-16 VARIANCE TO ENCROACH INTO THE REQUIRED YARD SETBACK APPLICANT: LCS Company PROPERTY ADDRESS: 1480 Sibley Memorial Hwy ZONING: I - Industrial LAND USE: I - Industrial ACTION DEADLINE: December 28, 2023 (120-day Review Period) INTRODUCTION The Applicant, LCS Company, is requesting consideration of a variance from the required side and rear yard setback to build an addition onto the existing industrial building located at 1480 Sibley Memorial Highway. A public hearing notice for this planning item was published in the Pioneer Press and notice letters were mailed to all properties within 350-feet of the subject property. At the time of this staff report, the city has not received any inquiries from adjacent property owners requesting additional information regarding the planning item. DESCRIPTION OF THE REQUEST The Applicant, LCS Company, is seeking a variance from the required side and rear yard setbacks to construct a building addition onto the existing industrial building. The existing business operations have outgrown their existing facility and therefore they are proposing to add on approximately 16,000 square feet to the northeast side of the structure. The addition will include lower level manufacturing space and a mezzanine garage space. The proposed addition will make the existing facility more functional and will allow the business to continue operations on the site. No other changes to the site are proposed. The subject property is bordered by Sibley Memorial Highway on the west property line, Perron Road on the north property line, and State Highway 13 on the east property line. Since the subject property has City Council | Tuesday, October 17, 2023 | Page 121 of 172 Planning Report: Case #2023-16 Page 2 frontage on three sides of the property each side with frontage must meet the front yard setback requirements, regardless of if the lot line is front/side/rear. If Sibley Memorial Highway is established as the front, the east property line is the rear which requires a 50-foot setback (Note Perron Road also provides access to the site and could be deemed the front for purposes of evaluation). The subject property is unique since it is bordered by three public road rights-of-way, and for purposes of the analysis each frontage is identified. The proposed addition will encroach approximately 10-feet into the yard setback from Perron Road and approximately 20-feet into the required yard setback from Highway 13. As shown on the plan set the proposed addition includes approximately 12,800 square feet of additional manufacturing floor space and an approximately 2,800 square foot private garage space at the mezzanine level of the facility. The garage area will be connected from a new driveway that loops around the north and east property. This driveway will connect to Sibley Memorial Highway along the north edge of the site. A summary of the existing setbacks and requested variance is provided in the following table: Property Line Setback Required Setback (I) Existing Building Proposed Addition Variance Request for Addition Side Yard Setback (Perron) 40’ ~80’ 40’ and 30’ at angled property line 10’ at angled property line Rear Yard Setback (Hwy 13) 50’ 21’ to ~80’ 30’ 20’ Font Yard Setback (Sibley Memorial) 40’ 15’ No Change NA The primary access of the existing facility is from Sibley Memorial Highway with the “rear” abutting the Highway 13 right-of-way. Based on the aerial, Access to the facility is also provided from Perron Road which borders the north property line and this access will also connect to the new garage on the north east side of the building. The circulation and parking on the site will not change as a result of the proposed addition, with the exception of shifting the driveway on the north and east side of the site to connect to the new garage. In addition to the required yard setbacks, the following dimensional standards are applicable. Other Applicable Industrial (I)Dimensional Standards The proposed project is also subject to dimensional review based on the R-1 zoning district to determine that the proposed addition is consistent with the other requirements of the zoning ordinance. The following summary is provided for your reference: Parking The proposed project adds approximately 12,800 square feet of manufacturing space and approximately 2,800 square feet of garage space, and therefore the additional parking requirement is only applied to the manufacturing area. Section 12-1D-16 F establishes that 1 parking stall for every 800-square feet of manufacturing space is required. The existing building is approximately 41,380 square feet and requires 51 parking stalls (41,380SF/800 = 51 Parking Stalls). The proposed addition of approximately 12,800 square feet requires 16 parking stalls (12,800 SF/800 = 16 Parking Stalls). A total of 67 parking stalls must be provided on the site. The existing parking lot has 70 Parking Stalls and the additional parking area associated with the new garage addition. As proposed, the addition complies with the parking requirement and no additional parking is required. Architecture The proposed addition is compatible with the existing structure and will be designed to match the materials and character of the industrial building. The height of the addition at its tallest point from grade to peak is approximately 18’, which complies with is less than the maximum permitted height in the Industrial zoning City Council | Tuesday, October 17, 2023 | Page 122 of 172 Planning Report: Case #2023-16 Page 3 district. This design will match and tie into the existing building materials, and will utilize existing grades to minimize the visual height of the structure and addition. Landscaping A landscape plan was not submitted as part of the application, however, the axon drawings on sheet A405 show that vegetation along the Highway 13 property line will be maintained and/or potentially replaced. During the pre-application meeting with the Applicant, they indicated that the business prefers to keep the building screened, and intended to make sure that the new addition is adequately screened either by existing vegetation in the ROW, or with the planting of new trees. No other area of the site will be disturbed for the project and it is expected that the existing vegetation and landscaping will be maintained. The following analysis regarding the requested Variance from required yard setbacks is provided:  Variance Process City Code Section 12-1L-5 governs variance requests. The city must consider a number of variables when recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties; and (ii) impact to the community. The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner is due to circumstances unique to the property, not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of the locality or neighborhood. It is also noted that economic considerations alone do not constitute practical difficulties. In addition, variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. Section 12-1L-5(E)(1) further provides other issues the city may consider when granting or denying a variance, noted as follows: • Effect of variance upon health, safety, and welfare of the community. • Existing and anticipated traffic conditions. • Effect on light and air, as well as the danger of fire and the risk to public safety. • Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan. • Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue hardship or difficulty. When considering a variance request, the Planning Commission must determine if these standards have been met in granting a variance, and provide findings-of-facts to support such a recommendation to the City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or has not fully demonstrated a reasonableness in the granting of such variance, then findings-of-fact supporting a recommendation of denial must be determined. As part of any variance request, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text), followed by a brief staff response: 1. Are there any practical difficulties that help support the granting of this variance? (“practical difficulties” means the owner proposes to use the property in a reasonable manner not permitted by City Code) Applicant’s Response: The LCS property in question is situated between State Highway 133 to the East, Sibley Memorial Highway to the West and South, and Perron Road to the North. As such, all sides of the property abut a street which dictate a 40’ setback requirement. This poses significant practical difficulty for expansion of the existing building as a result, since all sides of the building are more constrained than a typical lot would be. Portions of the existing building are already over the setback line and the most practical way of building the proposed addition is to tie into the existing City Council | Tuesday, October 17, 2023 | Page 123 of 172 Planning Report: Case #2023-16 Page 4 building as shown in the plans. By granting a setback variance, LCS would be able to expand in the most logical way while still respecting its surrounding sand neighbors. Staff’s Response: The subject property is constrained by right-of-way along all of its borders which increases the required setback on all of its property lines. Further complicating the site is its irregular shape and the additional right-of-way that was taken along the Highway 13 right-of-way many years ago. The useable area outside of all required setbacks is limited and it is reasonable to expand the structure along the Highway 13 frontage. Expansion along the Highway 13 façade is most logical given the current site development and the large right-of-way associated with Highway 13 ensures the building will still be setback more than 100-feet from the roadway. A practical difficulty related to the site is present and it is reasonable to expand the existing building and use along the Highway 13 frontage. 2. The plight of the property owner is due to circumstances unique to the property, not created by the property owner. Applicant’s Response: The parcel in question is uniquely situated between two different highways, which heavily constrain its ability to expand with the standard required setbacks. Additionally, with the way in which these two highways travel and intersect to the south, the parcel has a uniquely non-orthogonal set of property lines that create challenging setback lines to build to. With various angles and curves of these setback lines, building an expansion that suits manufacturing processes becomes more challenging and we believe this proposed plan accomplishes that while still being considerate of the site. Staff’s Response: The subject property is unique because it is bordered by right-of-way on all of its sides and the property is irregular in shape. Staff understands that several years ago the site was further constrained when additional right-of-way was taken along the Highway 13 frontage resulting in a very large public right-of-way. The expansion of the right-of-way impacted the yard setback line even though the physical location of the existing facility did not change. As a result, the buildable area on the east side of the property was reduced, but it is the most logical place for an addition to the building to be placed. The existing site configuration is unique and actions by regulatory agencies affected the buildable area on the site. Staff confirms that this criterion is met. 3. The variance, if granted will not alter the essential character of the neighborhood. Applicant’s Response: If the variance was granted, it would not alter the essential character of the neighborhood for a number of reasons. First, with the nature of the site and its topography, much of the walls of the expansion will be below grade thus limiting its visual impact upon its surroundings. The only portions of the building that will be fully above grade are at the private garage entrance located at the south end of the addition, as well as the new overhead door at the north end. The addition will largely be hidden from both Highway 13 and Sibley Memorial Highway based on how its situation on the site. The only portion of it that will be notably visible is from Perron Drive, which is used primarily only by LCS and Hudson Warehouse to the North. The owner wishes to replace many of the trees that will have to be uprooted for the addition on the East side, thus maintaining a vegetated barrier between LCS and the highway. The proposed encroachment on the setbacks will not disrupt the spirit of its surroundings because its neighbor to the north is also an industrial use. As stated above, the new building will be largely invisible to the park preserve to the west, keeping its impact on the surrounding natural areas to a minimum. Staff’s Response: The character of the area is a mix of industrial uses, natural areas and roadways. As described by the Applicant, the addition will primarily be visible from Perron Road and Highway 13, with minimal impact to the Highway 13 corridor if the vegetation is replaced. As proposed, the variance will not adversely impact the essential character of the area and surrounding uses. City Council | Tuesday, October 17, 2023 | Page 124 of 172 Planning Report: Case #2023-16 Page 5 4. Restrictions on Granting Variances. The following restrictions should be considered when reviewing a variance: a) Economic considerations alone do not constitute practical difficulties. The purpose of the requested variance is to allow for the expansion of the existing industrial building in the most logical configuration. There is no other space on the site, while maintaining adequate parking, where the building addition could be located. While the addition is intended to help support the business operations, economic considerations alone are not the reason for the requested variance. b) Variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. The subject property is Guided in the 2040 Comprehensive Plan as Industrial, and the property is zoned Industrial. The proposed expansion is to create additional manufacturing area to support the business, which is a permitted use within the Industrial zoning district. As proposed, the requested variance does not change the existing use of the site and it is consistent with the adopted Comprehensive Plan and the Zoning Ordinance (Title 12). ALTERNATIVES 1. Recommend approval of the variance, based on the attached findings-of-fact and based on certain conditions; or 2. Recommend denial of the variance, based on the revised findings-of-fact that the variance is not consistent with the City Code or Comprehensive Plan and may have a negative impact on the surrounding neighborhood and/or properties; or 3. Table the request; and request more information from the Applicant or city staff to be presented back to the Planning Commission at the next regular meeting. STAFF RECOMMENDATION Staff recommends approval of the Variance based on the attached findings of fact supporting the request, with conditions noted as follows: 1) The Applicant shall submit a landscape plan that identifies the tree removal along the east property line and the tree replacement plan. The City staff shall review and approve the landscape plan prior to issuance of the Building Permit. 2) The Applicant must obtain all necessary permits from the Public Works Director and comply with the Land Disturbance requirements. 3) The Applicant must obtain all required City permits, including but not limited to, a Grading Permit and Building Permit. 4) The Applicant must obtain any necessary permits from all applicable agencies with jurisdiction over the project. 5) If any changes to the plan set are proposed, the Applicant must come back to the City to determine the proper permitting process. City Council | Tuesday, October 17, 2023 | Page 125 of 172 Planning Report: Case #2023-16 Page 6 FINDINGS OF FACT FOR APPROVAL Variance from Required Yard Setbacks to Construct an Addition to the Industrial Building located at 1480 Sibley Memorial Highway The following Findings of Fact are made in support of approval of the proposed Variance request to encroach into the required yard setbacks in the Industrial (I) zoning district: 1. The proposed manufacturing and garage addition is consistent with the current use of the subject property for an Industrial building and business operations. 2. The subject property is guided Industrial in the 2040 Comprehensive Plan and a manufacturing facility is consistent with this land use designation. 3. The industrial building used for a manufacturing business is established as a permitted use in the Industrial zoning district, and the proposed addition is an expansion of the use. 4. The proposed variance to encroach into the required yard setback to build the addition is consistent with the setback of the existing façade along Highway 13. The expansion along the east façade will blend into the existing building and will not encroach further into the setback than the existing building. 5. Provided the conditions of the Variance approval are met, the proposed project will not adversely impact the character of the surrounding area. 6. The Applicant has successfully demonstrated that practical difficulties exist that warrant the approval with conditions of the variance request to encroach into the required yard setbacks on the north and east property line. City Council | Tuesday, October 17, 2023 | Page 126 of 172 TOP=INV=TOP=INV=TOP=INV=TOP=TOP=INV=BM #1BM #2MATCH LINE10" VCSP SAN S10" VCSP SAN SS H R U B ST R E E ST R E E ST R E E ST R E E ST R E E S53.36L22.218.48S9°41'55"W 242.28E X C E P T I O N240.87EXCEPTION818.8821.5828.9827.5826.0825.9826.0831.9826.9820.3838.0833.4GUARD RAILUGCUGCUGCUGCUGCGASGASOHE24" PVC ST S12" CMP ST S8" DIP W8" DIP W8" DIP W8" DIP W8" DIP WMH838.0817.68" VCSP SAN SMH833.4815.3MH820.3812.3808.85MH820.7810.28" VCSP SAN S17.521.0G O V ' T L O T 2P A R C E L 2 4 1 AS E C . 3 3PARCEL 241APARCEL 241AROADMNDOT R/W PLAT 19-93PERRON ROADSIBLEY MEMORIAL HIGHWAY NO. 13S9°41'55"W 298.59N89°59'16"E 33.48N21°38'21"E 687.41N14°44'43"E 184.08N33°31'51"W69.3871.84 N26°45'35"EN89°59'16"E 281.96L.R2.22STASTATCTCTCEMHTLTCSCATCATCATCATCAT24"PVC8"COTHYDTCSGPGPGWPPGWTCSTCSPPEMGEMGEMGGMGWPPRDRDBE24"BOX24"BOXEMG8"COT4-18"COT2-12"COT16"COT3-16"COT21"ASHHYDWVGWGYPHYD4"OAK4"OAKPPPPFOL/SIGNGWPPLP12"BOXHYD3-12"COTPP2-6"ELMCBX18"COT21"COT12"COT12"COTWVHYD4"SPCG6"SPCG8"SPCG3"CRAB3"CRABFWFWFWFWFWFWWVUWPUTILITY EASEMENT PER DOC. NO. 623118112.5112.5112.5272743.543.515151515PER MNDOT R/W PLAT NO. 19-93PERMANENT PONDING EASEMENT16.516.516.516.5452.50234.91%%130=18°29'04"L=38.71C.BRG=S32°49'44"E%%916=50°19'40"L=105.41R=120.00(D=3°00'00" L=294 %%130=10°36' DESC.)(APPROXIMATE LOCATION)(APPROXIMATE LOCATION)144.5669.00R/W PLAT NO. 19-93ACCESS CONTROL PER MNDOT(B5)(B6)(B7)(B26)(B11)(B29)(B8)(B9)(B10)(B312)175.1033(501.6 DEED)513.16 MEAS.L=303.84R=1473.59%%916=11°50'06"C.BRG=N24°29'16"E66G R A V E LB I T U M I N O U SOHEOHEOHEOHEOHEOHEOHE30' - 0"30' - 0"30' - 0"40' - 0"30' - 0"40' - 0"PROPOSED ADDITION16,000 GSFSETBACKFRONT SETBACKS I D E S E T B A C K A B U T S S T R E E TRELOCATED PRIVATE DRIVEPRIVATE GARAGE ENTRANCE40' - 0"40' - 0"CITY CONSIDERS THIS SIDE ABUTS A STREET (HWY 13)THUS 40'-0" SETBACK PRESCRIBEDAPPROXIMATE SOIL BORING LOCATIONAPPROXIMATE SOIL BORING LOCATIONAPPROXIMATE SOIL BORING LOCATIONEXISTING PARKING LOT, NO WORKEXIST. MAIN ENTRANCESIBLEY MEMORIAL HIGHWAYEXISTING BUILDINGT. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.208915-19-2017275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comOWNERSHEET NUMBERSHEET TITLEOWNERPROJECT NO.CHECKED BYDRAWN BYPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.PARTNERS/CONSULTANTS9-21-2021D:\230804_22.090_LCS Expansion_CENTRAL_rnicholsLCQU2.rvt8/28/2023 12:55:16 PMARCHITECTURALSITE PLANA00122.090X. SAMPLELCS STEEL PLANTEXPANSIONLCS1480 SIBLLEY MEM. HWY,MENDOTA HEIGHTS, MNSCHEMATICDESIGN20231" = 30'-0"A0011ARCHITECTURAL SITE PLAN#ISSUE / REVISIONDATECity Council | Tuesday, October 17, 2023 | Page 127 of 172 UPUPSTORAGE ONMEZZANINE ABOVE4227 SFSHIPPING/RECIEVING1129542 SFMANUFACTURINGFLOOR11811300 SFSTORAGE/MANUFACTURING119246 SFPARTS STORAGE111370 SFENGINEERING OFFICE104965 SFTUMBLING/DEGREASING1022814 SFTOOL AND DIEPRODUCTION107A1944FGHI6.5E11C332295 SFWOMENS10830 SFMENS109A101B1112 SFOFFICE1051515665514HALL122879 SFTOOL & DIE103BD17181658' - 0"24' - 0"4' - 0"10' - 0"96' - 0"48' - 0"12.511.58.531' - 0"30' - 0"30' - 0"30' - 0"30' - 0"31' - 0"77889924' - 0"24' - 0"24' - 0"10.57.512' - 0"40' - 0"45' - 4"131312121111101024' - 0"12' - 0"25' - 0"24' - 0"24' - 0"24' - 0"18' - 4"100' - 0"36' - 0"115' - 4"182' - 0"37' - 0"3' - 0"40' - 0"18' - 0"12' - 0"15' - 4"6761 SFSHIPPING STAGING16212810 SFMANUFACTURINGADDITION1611081 SFBREAKROOM136T. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.208915-19-2017NPLAN 275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comOWNERSHEET NUMBERSHEET TITLEOWNERPROJECT NO.CHECKED BYDRAWN BYPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.PARTNERS/CONSULTANTS9-21-2021D:\230804_22.090_LCS Expansion_CENTRAL_rnicholsLCQU2.rvt8/28/2023 12:55:17 PMREFERENCE FIRSTFLOOR PLANA05122.090AuthorLCS STEEL PLANTEXPANSIONLCS1480 SIBLLEY MEM. HWY,MENDOTA HEIGHTS, MNSCHEMATICDESIGN20231/16" = 1'-0"A0511MAIN LEVEL REFRENCE PLAN#ISSUE / REVISIONDATECity Council | Tuesday, October 17, 2023 | Page 128 of 172 A194FGHEC15659542 SFMANUFACTURINGFLOOR11814CE-XCE-XCE-XA4014A4013A4012A40111069 SFQC LAB139313 SFMEN'S142312 SFWOMEN'S1535' - 0"7' - 2"234235245123.871°101.008°CE-XMI-8SI-4SI-8387 SFPARTS STORAGE15567' - 3"7' - 11 13/16"12' - 0"19' - 4"SI-6BSI-48' - 0"11' - 11 3/16"50' - 9"38' - 5"D261 SFPROD. OFFICE1571712810 SFMANUFACTURINGADDITION1616761 SFSHIPPING STAGING1622392372362332421816789131211101A50124' - 0"12' - 0"25' - 0"24' - 0"24' - 0"24' - 0"18' - 4"24' - 0"24' - 0"24' - 0"24' - 0"4' - 0"251' - 4"131.341°37' - 0"3' - 0"40' - 0"18' - 0"12' - 0"15' - 4"125' - 4"T. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.208915-19-2017275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comOWNERSHEET NUMBERSHEET TITLEOWNERPROJECT NO.CHECKED BYDRAWN BYPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.PARTNERS/CONSULTANTS9-21-2021D:\230804_22.090_LCS Expansion_CENTRAL_rnicholsLCQU2.rvt8/28/2023 12:55:18 PMMAIN LEVEL FLOORPLAN -NORTHA101B22.090AuthorLCS STEEL PLANTEXPANSIONLCS1480 SIBLLEY MEM. HWY,MENDOTA HEIGHTS, MNSCHEMATICDESIGN20231/8" = 1'-0"A101B1MAIN LEVEL- NORTH ADDITION#ISSUE / REVISIONDATECity Council | Tuesday, October 17, 2023 | Page 129 of 172 A4FG6.5EC3265A4014BD172604 SFPRIVATE GARAGE158787.51A501MI-12CE-XCE-X16' - 0"12' - 0"12' - 0"NEW ROOF, MANUFACTURINGBELOWEXIST. ROOFEXIST. ROOFEXIST. OFFICE,NO WORK2282 SFSTORAGE205T. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.208915-19-2017NPLAN 275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comOWNERSHEET NUMBERSHEET TITLEOWNERPROJECT NO.CHECKED BYDRAWN BYPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.PARTNERS/CONSULTANTS9-21-2021D:\230804_22.090_LCS Expansion_CENTRAL_rnicholsLCQU2.rvt8/28/2023 12:55:18 PMSECOND FLOORPLANA10222.090AuthorLCS STEEL PLANTEXPANSIONLCS1480 SIBLLEY MEM. HWY,MENDOTA HEIGHTS, MNSCHEMATICDESIGN20231/8" = 1'-0"A10212.2- HI SECOND LEVEL#ISSUE / REVISIONDATECity Council | Tuesday, October 17, 2023 | Page 130 of 172 1-MAIN LEVEL100' -0"2-SECOND LEVEL113' -4"3-MFG ROOF BRG117' -4"2.2-HI SECOND LEVEL114' -7"218' - 7 1/2"4' - 0"2' - 9"1' - 3"13' - 4"6' - 2 89/256"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"16' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"4' - 5 39/256"T.O. PANEL121' -4"E02E01E04E01E0410' - 0"1-MAIN LEVEL100' -0"2-SECOND LEVEL113' -4"3-MFG ROOF BRG117' -4"2.2-HI SECOND LEVEL114' -7"4' - 10 33/256"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"4' - 0"2' - 9"1' - 3"13' - 4"T.O. PANEL121' -4"E04E011-MAIN LEVEL100' -0"2-SECOND LEVEL113' -4"3-MFG ROOF BRG117' -4"2.2-HI SECOND LEVEL114' -7"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"7' - 5 27/256"4' - 0"2' - 9"1' - 3"13' - 4"T.O. PANEL121' -4"E01E041-MAIN LEVEL100' -0"2-SECOND LEVEL113' -4"3-MFG ROOF BRG117' -4"2.2-HI SECOND LEVEL114' -7"6' - 3"8' - 0"8' - 0"8' - 0"8' - 0"8' - 5 57/128"4' - 0"2' - 9"1' - 3"13' - 4"T.O. PANEL121' -4"E01E04E03T. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.208915-19-2017275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comOWNERSHEET NUMBERSHEET TITLEOWNERPROJECT NO.CHECKED BYDRAWN BYPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.PARTNERS/CONSULTANTS9-21-2021D:\230804_22.090_LCS Expansion_CENTRAL_rnicholsLCQU2.rvt8/28/2023 12:55:19 PMEXTERIORELEVATIONSA40122.090G. SHERWINLCS STEEL PLANTEXPANSIONLCS1480 SIBLLEY MEM. HWY,MENDOTA HEIGHTS, MNSCHEMATICDESIGN2023Keynotes- Exterior ElevationKey Value Keynote TextE01 FABCON PANEL; BROOM FINISH, PAINTED WHITE TO MATCH EXISTING.E02 NEW O.H. DOORE03 NEW SERVICE DOORE04 8" ALUM. COPING; BLACK TO MATCH EXISTING.1/8" = 1'-0"A4014MANUFTG EXTR ELEV- EAST1/8" = 1'-0"A4013MANUFTG EXTR ELEV- NORTHEAST1/8" = 1'-0"A4012MANUFTG EXTR ELEV- NORTHWEST1/8" = 1'-0"A4011MANUFTG EXTR ELEV- SOUTH#ISSUE / REVISIONDATECity Council | Tuesday, October 17, 2023 | Page 131 of 172 A4501SOUTHWEST AXONT. WASMOENI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.208915-19-2017275 Market Street, Ste. 368Minneapolis, MN 55405612.819.1835 www.firmgroundae.comOWNERSHEET NUMBERSHEET TITLEOWNERPROJECT NO.CHECKED BYDRAWN BYPROJECTNOT FOR CONSTRUCTION© COPYRIGHT FIRMGROUNDAE INC.PARTNERS/CONSULTANTS9-21-2021D:\230804_22.090_LCS Expansion_CENTRAL_rnicholsLCQU2.rvt8/28/2023 12:55:23 PMBUILDING AXONSA45022.090AuthorLCS STEEL PLANTEXPANSIONLCS1480 SIBLLEY MEM. HWY,MENDOTA HEIGHTS, MNSCHEMATICDESIGN2023A4502NORTHEAST AXONA4503NORTHWEST AXONA4504SOUTHEAST AXON#ISSUE / REVISIONDATECity Council | Tuesday, October 17, 2023 | Page 132 of 172 Variance Application (2019) Page 1 of 3 VARIANCE APPLICATION – CHECKLIST & RESPONSE FORM Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City’s website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Office Use Only: Case #:_____________________ Applicant:____________________ Address:_____________________ The City Council may grant variances from the strict application of the provisions of the City Code and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties in carrying out the strict letter of the regulations of the Code. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. Please consider these requirements carefully before requesting a variance. APPLICATION REQUIREMENTS:  Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule.  Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete:  Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project.  Completed Application Form(s).  Letter of Intent.  Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Sketch Plan (to-scale drawing or certified survey, if determined necessary):  Location and setbacks of all buildings on the property in question including both existing and proposed structures.  Location of any easements having an influence upon the variance request.  Written consent and waiver of public hearing, in a form prescribed by the city, by the owners of property within one hundred feet (100') of the boundaries of the property for which the City Council | Tuesday, October 17, 2023 | Page 133 of 172 Variance Application (2019) Page 2 of 3 variance is requested, accompanied by a map indicating the location of the property in question and the location of the property owners who have given consent; or, lacking such consent, a list of names and addresses of the owners of property within one hundred feet (100') of the boundaries of the property for which the variance is requested.  If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted.  If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the city public works director prior to construction. Please complete the attached questions regarding your request. Responses will be presented to the Planning Commission & City Council. __________________________________________________________________ Please answer the following three questions as they relate to the variance request. (Note: you may fill-in this form or create your own) 1. Are there any practical difficulties that help support the granting of this variance? (Note: “practical difficulties" as used in connection with the granting of a variance, means that the owner proposes to use the property in a reasonable manner not permitted by City Code. Economic considerations along do not constitute a practical difficulty).  YES  NO Please describe or identify any practical difficulties and/or how you plan to use the property in a reasonable manner below: City Council | Tuesday, October 17, 2023 | Page 134 of 172 Variance Application (2019) Page 3 of 3 2. Are there any circumstances unique to the property (not created by the owner) that support the granting of this variance?  YES  NO Please describe or identify any unique circumstances below: 3. If the variance was granted, would it alter the essential character of the neighborhood?  YES  NO Why or Why Not? Please explain how the request fits with the character of the neighborhood. The City Council must make affirmative findings on all of the criteria listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been demonstrated or satisfied. City Council | Tuesday, October 17, 2023 | Page 135 of 172 City Council | Tuesday, October 17, 2023 | Page 136 of 172 Request for City Council Action DATE: TO: FROM: October 17, 2023 Mayor, City Council and City Administrator Jennifer Haskamp, AICP, Interim Planning Services SUBJECT: Resolution No. 2023-73 Approving a Lot Split at 599 Callahan Place [Planning Case No. 2023-19] INTRODUCTION The City Council is asked to consider adopting a resolution approving a Lot Split at 599 Callahan Place to create two single-family residential lots. The Applicant, Jose Luis Barba, is proposing to subdivide the existing parcel into two single-family lots that will both be developed with new residential structures. BACKGROUND The Applicant is proposing to subdivide the existing parcel at 599 Callahan Place into two single- family residential lots. There is an existing single-family home on the property that the Applicant is currently living in with his family. If the subdivision (lot split) is approved, the Applicant proposes to live in the existing single-family home while a new home is constructed on Parcel A of the created lots. Once the new home is constructed, the Applicant plans to move into the new home and the existing home will be demolished so that the lot can be redeveloped with a new single-family home that complies with the R-1 zoning district standards. At the September 26, 2023 Planning Commission meeting, a planning report was presented. A duly noticed public hearing was held, and comments from property owners were received and recorded into the public record. A copy of the 9/26/2023 planning report and attachments is attached to this memo. The City received no inquiries regarding this application and no one was present at the public hearing to provide testimony. RECOMMENDATION The Planning Commission recommended approval of the request (7-0) as described in Planning Case 2023-19, for the property at 599 Callahan Place with findings-of-fact and certain conditions, as memorialized in the attached [draft] resolution. ACTION REQUESTED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2023-73, APPROVING A LOT SPLIT AT 599 CALLAHAN PLACE. City Council | Tuesday, October 17, 2023 | Page 137 of 172 9c CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-73 RESOLUTION APPROVING A LOT SPLIT AT 599 CALLAHAN PLACE [PLANNING CASE NO. 2023-19] WHEREAS, Jose Luis Barba, the Owner and Applicant of 599 Callahan Place made an Application for a Lot Split as proposed under Planning Case No. 2023-19, for property as legally described in Exhibit A; and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan, situated in the R-1 One Family Residential District; and WHEREAS, Title 11-1-5.C of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district; and WHEREAS, the Applicant proposes to subdivide the property into two parcels where proposed Parcel A will be 15,614 SF and proposed Parcel B will be 15,022 SF; and WHEREAS, the proposed Lot Split will create two new single-family lots that provide adequate buildable area that can support development that complies with the R-1 dimensional standards; and WHEREAS, on September 26, 2023 the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Split application, and whereupon closing the hearing, unanimously recommended to approve the lot split on the subject property, with certain conditions and findings-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission on Planning Case No. 2023-19 is hereby affirmed, and the Lot Split requested for the property located at 599 Callahan Place is approved based on the following findings-of-fact. 1. The proposed Lot Split (minor subdivision) creates two lots, where Proposed Parcel A is 15, 614 square feet and Proposed Parcel B is 15,022 square feet. 2. The resulting lots, Parcel A and B, meet all dimensional standards as established in the R- 1 zoning district provided the existing structure and improvements are removed and/or demolished. 3. The proposed Lot Split is consistent with the Low Density Residential (LDR) density requirements, and the proposed use of the Lots for single-family residential uses is consistent with the intent and purpose of the LDR designation. City Council | Tuesday, October 17, 2023 | Page 138 of 172 4. The removal of the existing home and improvements will result in two new buildable lots that have adequate area outside of all setback areas to construct a new residential structure. 5. Approval of the lot split to allow for future development of the lots with single-family residential uses will not adversely impact the character of the neighborhood which is developed with low density residential uses. 6. That provided the conditions of approval are met, the resulting lots and any future development will comply with the R-1 base zoning district requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Split (subdivision) requested for the property located at 599 Callahan is hereby approved, with the following conditions: 1. Applicant must record the Lot Split (minor subdivision) at Dakota County indicating the newly created Parcel A and Parcel B. 2. The Applicant is permitted to live in the existing home during construction. This is a Temporary Living Agreement that is only permitted while the new home is being constructed. A Temporary Living Agreement must be executed to the satisfaction of the City Attorney and entered into prior to a building permit being issued for Parcel A. 3. Once a Certificate of Occupancy is granted for the new home the existing home must be demolished within 120-days. 4. A Letter of Credit or Bond, as requested by the City Council and in a form acceptable to the City Attorney, must be submitted to cover 125% of the estimated demolition costs of the existing structure. The LOC or Bond must be submitted prior to the issuance of a Building Permit. 5. The Resolution and Letter of Credit (or similar) must be recorded at Dakota County and must be of record on both created parcels. 6. Park Dedication fee for one (1) lot is due and must be paid prior to receipt of a building permit for a new home on Parcel A. 7. All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. Adopted by the City Council of the City of Mendota Heights this 17th day of October 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 139 of 172 Res 2023-71 Page 3 EXHIBIT A Property Address: 614 Hidden Creek Trail Existing Legal Description: Lot 10, Block 1, HIDDEN CREEK ESTATES, Dakota County, Minnesota Proposed Legal Description: That part of Lot 10, Block 1 HIDDEN CREEK ESTATES, Dakota County, Minnesota, EXCEPT that part lying Southerly and Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 10; thence southeasterly along the Southwesterly line of said Lot 10, said line having an assumed bearing of South 48 degrees 13 minutes 19 seconds East, a distance of 114.34 feet to the point of beginning; thence North 61 degrees 27 minutes 26 seconds East a distance of 14.62 feet; thence South 30 degrees 57 minutes 46 seconds East a distance of 46.40 feet to a point on said Southwesterly line of Lot 10 and there terminating. Property Address: 620 Hidden Creek Trail Existing Legal Description: Lot 11, Block 1, HIDDEN CREEK ESTATES, Dakota County, Minnesota Proposed Legal Description: Lot 11 and that part of Lot 10 lying Southerly and Westerly of the following described line, all in Block 1, HIDDEN CREEK ESTATES, Dakota County, Minnesota: Commencing at the Southwesterly corner of said Lot 10; thence southeasterly along the Southwesterly line of said Lot 10, said line having an assumed bearing of South 48 degrees 13 minutes 19 seconds East, a distance of 114.34 feet to the point of beginning; thence North 61 degrees 27 minutes 26 seconds East a distance of 14.62 feet; thence South 30 degrees 57 minutes 26 seconds East a distance of 14.62 feet; thence South 30 degrees 57 minutes 46 seconds East a distance of 46.40 feet to a point on said Southwesterly line of Lot 10, distant 366.77 northwesterly of the Southeasterly corner of said Lot 10 and there terminating. City Council | Tuesday, October 17, 2023 | Page 140 of 172 PLANNING STAFF REPORT DATE: September 26, 2023 TO: Planning Commission FROM: Jennifer Haskamp, AICP - SHC SUBJECT: Planning Case No. 2023-19 LOT SPLIT APPLICANT: Jose Luis Barba PROPERTY ADDRESS: 599 Callahan Place ZONING: R-1 One-Family Residential LAND USE: Low Density Residential (LDR) ACTION DEADLINE: November 26, 2023 (120-day Review Period) INTRODUCTION The Applicant, Jose Luise Barba is requesting a Lot Split of the property located at 599 Callahan Place. The proposed lot split will result in two single-family residential lots and both are planned to be developed with a new structure. A public hearing notice for this planning item was published in the Pioneer Press and notice letters were mailed to all properties within 350-feet of the subject property. The city has received one inquiry from a resident regarding the planning items. DESCRIPTION OF THE REQUEST The Applicant is proposing to subdivide the existing lot into two single family lots that will eventually be developed with two new residential structures. There is an existing single-family residential home on the property that is situated on the east side of the existing property. The existing lot is approximately 0.70 Acres, or 30,636 acres with approximately 179-feet of frontage on the south property line and 134-feet of frontage on the east property line which abuts the Callahan Place right-of-way. The lot, in its current configuration, has right-of-way on two of its property boundaries as Callahan Place curves in this location. City Council | Tuesday, October 17, 2023 | Page 141 of 172 Planning Report: Case #2023-19 Page 2 ANALYSIS The lot split is subject to Tile 11 Subdivision and Title 12 Zoning, and must comply with Section 11-1-5.2 for the lot split, and all resulting lots must conform to the R-1 zoning district standards. It should also be noted that the Applicant is proposing to eventually demolish the existing single-family residential structure on the lot so that two new residential homes can be constructed. Because the intent is to demolish the existing house, the existing setbacks and/or improvements on the lot are not evaluated as they are planned to be removed and demolished when the lots are developed. Additional discussion regarding the removal of the existing home is provided in subsequent sections of this report. The following table is provided as reference for the analysis that follows: Table 1. Proposed Lot Split Standard Proposed Parcel A Complies w/Standard? Proposed Parcel B Complies w/Standard? Land Use 2040 Comprehensive Plan LDR (Low Density Residential) Yes – Meets intent and density. LDR (Low Density Residential) Yes – Meets intent and density. Existing Zoning District R-1 One Family Residential R-1 Yes R-1 Yes Lot Size Min. 15,000 SF 15,614 SF (0.36 Acres) Yes 15,022 SF (0.34 Acres) Yes Lot Width Min. 100 Feet 100 Feet Yes 134.23 Feet Yes As demonstrated in Table 1 the proposed Lot Split and result Parcel A and Parcel B comply with the R-1 zoning district standards and the LDR land use designation in the Comprehensive Plan. The Proposed Lot Split Survey demonstrates that there is buildable area on each parcel that is outside of the required yard setbacks. As shown on the attached exhibits, the existing home would not comply with dimensional standards, and therefore the home must be demolished to comply with the proposed lot configurations. In 2022, the prior Community Development Director and the Public Works Director discussed this with the Applicant and determined that the lot split could move forward provided certain conditions regarding the removal of the existing home were attached to the approval. The Applicant has indicated that they would like to continue to live in the existing home during construction, and once a Certificate of Occupancy is granted for the new home the existing home would be demolished. This would be considered a temporary living agreement City Council | Tuesday, October 17, 2023 | Page 142 of 172 Planning Report: Case #2023-19 Page 3 during construction, which is generally acceptable provided conditions are agreed to regarding the removal of the existing home. The following terms were established in 2022: • The Applicant would be required to submit a Letter of Credit (LOC) or Bond, if requested by the City Council, prior to the issuance of the building permit. The LOC, or similar, must cover the demolition costs to ensure that the structure is removed. • The resolution, with the applicable conditions regarding the temporary living during construction and timeline for removal, must be recorded with the Lot Split. The resolution must also indicate whether a Bond or LOC is required. ALTERNATIVES 1. Recommend approval of the lot split, based on the attached findings-of-fact and based on certain conditions; or 2. Recommend denial of the lot split, based on the revised findings-of-fact that the proposed lot split is not consistent with the City Code or Comprehensive Plan and may have a negative impact on the surrounding neighborhood and/or properties; or 3. Table the request; and request more information from the Applicant or city staff to be presented back to the Planning Commission at the next regular meeting. STAFF RECOMMENDATION Staff recommends approval of the lot split based on the attached findings of fact supporting the request, with conditions noted as follows: 1) Applicant must record the Lot Split (minor subdivision) at Dakota County indicating the newly created Parcel A and Parcel B. 2) The Applicant is permitted to live in the existing home during construction. This is a Temporary Living Agreement that is only permitted while the new home is being constructed. 3) Once a Certificate of Occupancy is granted for the new home the existing home must be demolished within 120-days. 4) A Letter of Credit or Bond, if requested by the City Council, must be submitted to cover 125% of the estimated demolition costs. The LOC or Bond must be submitted prior to the issuance of a Building Permit. 5) The Resolution and Letter of Credit (or similar) must be recorded at Dakota County and must be of record on both created parcels. 6) All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. City Council | Tuesday, October 17, 2023 | Page 143 of 172 Planning Report: Case #2023-19 Page 4 FINDINGS OF FACT FOR APPROVAL Lot Split of property located at 599 Callahan Place The following Findings of Fact are made in support of approval of the proposed Lot Split of 599 Callahan Place: 1. The proposed Lot Split (minor subdivision) creates two lots, where Proposed Parcel A is 15, 614 square feet and Parcel B is 15,022 square feet. 2. The resulting lots, Parcel A and B, meet all dimensional standards as established in the R-1 zoning district provided the existing structure and improvements are removed and/or demolished. 3. The proposed Lot Split is consistent with the Low Density Residential (LDR) density requirements, and the proposed use of the Lots for single-family residential uses is consistent with the intent and purpose of the LDR designation. 4. The removal of the existing home and improvements will result in two new buildable lots that have adequate area outside of all setback areas to construct a new residential structure. 5. Approval of the lot split to allow for future development of the lots with single-family residential uses will not adversely impact the character of the neighborhood which is developed with low density residential uses. 6. That provided the conditions of approval are met, the resulting lots and any future development will comply with the R-1 base zoning district requirements. City Council | Tuesday, October 17, 2023 | Page 144 of 172 July 26, 2023 Dear City of Mendota Heights, It is with great enthusiasm and hope that our family requests approval of our lot to be split into two parcels. The property is located at 599 Callahan Place, Mendota Heights, part of Willow Spring Lot 15. The exis-ng lot is 30,636 SF and is in Zone R-1. Our move to Mendota Heights was unexpected and very welcome. Following a serious cancer diagnosis for our father, who has lived in Mendota Heights for over 10 years, we decided to pack up our lives and three young children and put roots down here. We felt lucky to find 599 Callahan Place when it went on the market in the winter of 2022. It is situated on a quiet street near the grandparents, the school district is phenomenal, and Minnesota is home. As previously noted, our intent is to split the lot into two (2) parcels, Parcel A and Parcel B. Parcel A would be 15,614 SF or .36 Acres, while Parcel B would be 15,022 SF or .34 Acers. Parcel dimensions and areas have been confirmed using survey (survey drawings provided) and follow City Code requirements. The intent would be to build our new home (single family) on Parcel A, located on the west end of the exis-ng lot. We envision a new build that would retain the character of the current dwelling, mesh with the style of homes on our street, and provide a comfortable, sustainable place for us to live. Once the new home was granted occupa-on, the exis-ng home (located on Parcel B) would be demolished. Parcel B would then be restored per City requirements and used for a new home (single family) for our family, in the future. We are enamored with our neighborly neighbors who give meaning to “Minnesota Nice”, frequent the parks and playgrounds, and contribute to the Somerset Elementary community. Mendota Heights con-nues to be a desirable community for young families, and we look forward to being part of this community for many more years. Warmly, Sara & Luis Barba, as well as, Inez (6), Sabino (3), and Rafaela (1) City Council | Tuesday, October 17, 2023 | Page 145 of 172 City Council | Tuesday, October 17, 2023 | Page 146 of 172 City Council | Tuesday, October 17, 2023 | Page 147 of 172 City Council | Tuesday, October 17, 2023 | Page 148 of 172 Request for City Council Action DATE: TO: FROM: October 17, 2023 Mayor, City Council and City Administrator Jennifer Haskamp, AICP, Interim Planning Services SUBJECT: Resolution No. 2023-74 Approving a Conditional Use Permit and Variance for 598 Sibley Memorial Hwy [Planning Case No. 2023-05] INTRODUCTION The City Council is asked to consider adopting a resolution approving a Conditional Use Permit and Variance at 598 Sibley Memorial Hwy. BACKGROUND The Applicant and Owner Robert Whebbe is requesting a Conditional Use Permit and Variance to construct a new detached accessory garage on the property located at 598 Sibley Memorial Highway. The Applicant originally submitted a request in April to construct an attached garage that was significantly larger and taller than the current plans. The Planning Commission tabled the request and directed the Applicant to rework the proposed design so that the garage would be more consistent with the existing principal structure on the property and the surrounding neighborhood. The Applicant worked with staff to find a solution and determined that a detached garage would be more consistent with both the surrounding neighborhood and the existing home. As proposed, the detached garage is approximately 980 SF, and the height of the accessory structure exceeds the height of the principal structure. Given the size of the detached accessory structure a Conditional Use Permit is required, and since the detached garage exceeds the height of the principal structure a variance must be obtained. At the April 25, 2023 Planning Commission meeting, a planning report was presented, a duly noticed public hearing was held, and comments from property owners were received and recorded into the public record. Based on public testimony and planning commission comments the Applicant requested for the application to be tabled so that revised plans could be submitted. A revised plan was submitted for review and consideration by the Planning Commission at the September 26, 2023 meeting and an opportunity for public testimony was provided. A copy of the 9/26/2023 planning report including the project plans are attached to this memo. City Council | Tuesday, October 17, 2023 | Page 149 of 172 9d RECOMMENDATION The Planning Commission recommended approval of the revised request unanimously as described in Planning Case 2023-05, for the property located at 598 Sibley Memorial Highway with findings-of-fact to support approval and certain conditions, as memorialized in the attached [draft] resolution. ACTION REQUESTED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2023-74, APPROVING A CONDITIONAL USE PERMIT AND VARIANCE AT 598 SIBLEY MEMORIAL HWY City Council | Tuesday, October 17, 2023 | Page 150 of 172 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-74 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE AT 598 SIBLEY MEMORIAL HWY [PLANNING CASE NO. 2023-05] WHEREAS, Robert Whebbe made an application for a Conditional Use Permit and a Variance as proposed under Planning Case No. 2023-05, for the property located at 598 Sibley Memorial Hwy; and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan, situated in the R-1 One Family Residential District; and WHEREAS, Title 12-1D-3 Accessory Structures establishes that detached private garages between 750 and 1,000 square feet are required to obtain a conditional use permit; and WHEREAS, Title 12-1D-3.B.2 Accessory Structures Height limits the maximum height of accessory structures to the height of the principal structure; and WHEREAS, the proposed detached garage (accessory structure) exceeds the height of the principal structure and therefore a variance from this standard is required; and WHEREAS, on April 25, 2023 the Mendota Heights Planning Commission conducted a public hearing on the proposed Conditional Use Permit and Variance application, and whereupon closing the hearing, tabled the application so that revisions could be made; and WHEREAS, on September 26, 2023 the Mendota Heights Planning Commission considered the Applicant’s revised plans, provided an opportunity for additional public testimony, and recommended unanimously to approve the Conditional Use Permit and Variance for the subject property, with certain conditions and find-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission on Planning Case No. 2023-05 is hereby affirmed, and the Conditional Use Permit and Variance requested for the property located at 598 Sibley Memorial Hwy, is approved based on the following findings-of-fact. 1. Under Title 12-1L-5A of the City Code, the Council may grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will City Council | Tuesday, October 17, 2023 | Page 151 of 172 not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” 2.The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of the Variance for height by the following supporting statements: a.The architectural style of the home and age limit restrict the height of a garage unreasonably, and modern construction will result in a garage height that exceeds the height of a principal building. b. Approving the Variance does not change the essential character of the neighborhood, so approving this Variance should not negatively impact or affect this neighborhood; and c.Allowing the garage height on the subject property by means of this variance is considered in harmony with the general purpose of the zoning ordinance and is consistent with the current and proposed land use plans, goals and policy statements contained in the 2040 Comprehensive Plans of the community. 3.The City has considered the factors required by Title 12-1L-5.E.1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variance will not impact or pose any negative threats upon the neighborhood or the community in general. 4.Approval of the Variance is for 598 Sibley Memorial Highway only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by city staff and legal counsel under the requirements of the City Code. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit and Variance requested for the property located at 598 Sibley Memorial Hwy is hereby approved, with the following conditions: 1.The proposed garage and all other related improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2.Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance and CUP are approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed garage within one (1) year from said approval date. 3.The existing single-car attached garage must be fully enclosed and converted to living space to be incorporated as part of the principal structure. City Council | Tuesday, October 17, 2023 | Page 152 of 172 4. The proposed expansion shall be constructed in compliance with all applicable and other City Code and Minnesota State Building Codes. 5. The applicant shall obtain a building permit prior to commencement of any site activities or construction. 6. All grading and construction activities as part of the proposed development shall comply with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 7. Residential construction hours are 7:00 AM to 8:00 PM on weekdays, and 9:00 AM to 5:00 PM on weekends. These work hours shall be strictly adhered to by the Applicant and all contractors working on the property. 8. Approval of the conditional use permit is contingent upon City Council approval. Adopted by the City Council of the City of Mendota Heights this 17th day of October 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk City Council | Tuesday, October 17, 2023 | Page 153 of 172 Res 2023-45 Page 4 City Council | Tuesday, October 17, 2023 | Page 154 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 1 of 7 PLANNING STAFF REPORT MEETING DATE: September 26, 2023 (Initial Meeting Review: April 25, 2023) TO: Planning Commission FROM: Jennifer Haskamp, AICP - SHC SUBJECT: Planning Case 2023-05 CONDITIONAL USE PERMIT & VARIANCE APPLICANT: Robert Whebbe PROPERTY ADDRESS: 598 Sibley Memorial Highway ZONING: R-1 One Family Residential LAND USE: LR Low Density Residential ACTION DEADLINE: October 31, 2023 (Applicant Extension for Review) INTRODUCTION At the regular planning commission meeting in April a duly noticed public hearing was held to consider a request for a Conditional Use Permit and a Variance for a new garage addition on the property located at 598 Sibley Memorial Highway. The Applicant and Owner, Robert Whebbe, proposed to construct an attached 3-car garage addition on the existing home which required the following land use review 1) a variance from the maximum permitted height to allow the garage to exceed the height of the principal structure; and 2) a conditional use permit to allow a 1,500 square foot garage. After the public hearing and discussion, the Planning Commission recommended to table the application so that the Applicant could work with staff to revise the plans for the garage. The direction provided by the Planning Commission was to revise the plans to 1) minimize the size/scale of the structure to reduce the variance requested, and 2) to redesign the garage to better match the character of the subject property and the surrounding neighborhood. The Applicant has worked with the staff to accomplish the objectives stated by the Planning Commission, and the revised design is presented and attached to this staff report. A duly noticed public hearing was held in April, and the proposed revision does not require a new public hearing since the Application is in response to the direction provided by the Planning Commission. The following staff report has been updated to reflect the revised plans. BACKGROUND / SITE DESCRIPTION The subject property is located in the Cherokee Park Heights subdivision, which is one of the historically older R-1 One Family Residential zoned neighborhoods in the community. This neighborhood is generally City Council | Tuesday, October 17, 2023 | Page 155 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 2 of 7 comprised of smaller, single-family residential lots and properties that were originally platted in 1924. At one point, the subject property combined 3 lots within the subdivision, resulting in the current larger lot configuration. The parcel is generally located near the intersection of Sibley Memorial Highway and Garden Lane (see GIS image – right). The subject property is oriented with its primary frontage along Sibley Memorial Hwy which is the western (front) property line. Adjacent properties are used for similar single-family residential uses, and park is located northwest of the site across Sibley Memorial Hwy. The Cherokee Park Heights neighborhood is developed with smaller, single-family homes generally built with a single-car garage and some homes have two-car garages. There is a 20-foot public alley behind the subject property. The subject property consists of 19,500 sq. ft. (0.44 acres) of land area; and contains an approximately 1,600 square foot one-story dwelling structure built in 1948. The existing home has an attached ~400 square foot single-car attached garage. (See image – below). View of Dwelling – Dakota County GIS According to the Applicant’s survey, the existing dwelling sits approximately 44-feet from the front lot line, 38-feet from the rear lot line, 20-feet from the southerly side lot line, and 68-feet from the northerly lot line. An existing driveway approximately 18-feet wide connects Sibley Memorial Hwy with the current attached garage. The existing driveway is located approximately 64-feet from the side yard lot line to the northeast. The Applicant has revised their plan based on the feedback from City Staff and the Planning Commission, and proposes the following (see Site Plan): • To enclose the existing attached one-car garage and convert this area to living space; and • To construct a new 26’ x 38’ (988 square foot), ~17.5 foot tall, detached garage extending towards the northeast property line; and • To expand the driveway to connect with the new location of the garage and wrap around the garage space into the side yard. City Council | Tuesday, October 17, 2023 | Page 156 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 3 of 7 As shown on the Applicant’s submitted Erosion Control Plan, the proposed garage will extend approximately 50 feet northeast into the side yard. The proposed garage is setback approximately 23-feet and the expanded driveway is setback 5 feet from the northeast (side yard) property line; 38 feet from the southeast property line (rear) and is setback behind the principal building facade. As proposed, all setback requirements of the R-1 zoning district are met. As shown on the site plan, the Applicant is now proposing a detached garage which has reduced both the footprint of the structure and the height (area is reduced by approximately 500 square feet). The location of the garage is the same as what was proposed in April, but it is smaller and will not be as tall given the reduced footprint. ANALYSIS City Code Section 12-1D-3: ACCESSORY STRUCTURES states all single-family residential uses are allowed one detached garage up to 750-sq. ft. in size, or up to 1,000 sq. ft. is allowed via a Conditional Use Permit. The Applicant is requesting a Conditional Use Permit to allow for an approximately 988 square foot Garage. As noted, the existing attached garage will be enclosed for additional living space. The proposed garage includes one two-car garage door and one one-car garage door with a total linear footage of 28 feet as viewed from the Sibley Memorial Hwy right-of-way. As proposed, the garage footprint and the garage door height and width comply with the zoning ordinance requirements for detached private garages. Section 12-1D-3.B.2(a) states that in, “All districts: No accessory building shall exceed the height of the principal building.” As described in the narrative and shown on the plan, the proposed detached garage will be approximately 17.5-feet tall. It is estimated that this height exceeds the height of the home by approximately three feet, which is a significant improvement from the prior submission. The Applicant explained to city staff, that the reason for increasing the roof line of the proposed garage higher than the principal building is to avoid further peaks and valleys in the roof line while making the garage still look nice. The garage top plate could be lowered closer to the garage door, but in order to tie the garage roof in with the existing roof, it would not look normal and would require the removal of existing solar panels on the house roof. A noted during the April review, the Applicant’s existing home is a one-story home and any garage, whether attached or detached, will likely exceed the height of the principal structure. The Applicant’s revised plans, while still taller than the principal structure, are much more in scale and character with the existing home and the surrounding neighborhood in which several other homes have detached garages that exceed the height of their principal homes.  Variance Process City Code Section 12-1L-5 governs variance requests. The city must consider a number of variables when recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties; and (ii) impact to the community. City Council | Tuesday, October 17, 2023 | Page 157 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 4 of 7 The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner is due to circumstances unique to the property, not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of the locality or neighborhood. It is also noted that economic considerations alone do not constitute practical difficulties. In addition, variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. Section 12-1L-5(E)(1) further provides other issues the city may consider when granting or denying a variance, noted as follows: • Effect of variance upon health, safety, and welfare of the community. • Existing and anticipated traffic conditions. • Effect on light and air, as well as the danger of fire and the risk to public safety. • Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan. • Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue hardship or difficulty. When considering a variance request, the Planning Commission must determine if these standards have been met in granting a variance, and provide findings-of-facts to support such a recommendation to the City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or has not fully demonstrated a reasonableness in the granting of such variance, then findings-of-fact supporting a recommendation of denial must be determined. As part of any variance request, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text), followed by a brief staff response: 1. Are there any practical difficulties that help support the granting of this variance? (“practical difficulties” means the owner proposes to use the property in a reasonable manner not permitted by City Code) Applicant’s Response from April: Yes - With the garage being 30 feet deep and a 5/12 pitch the roof peak will be roughly 6 ½ feet above the top rail. My house at its widest is not 30 feet, therefore even if my garage top plate was equal to my house top plate the garage will still have a higher roof line. In order for my roof to have an equal or lesser roof line I have two options while keeping the footprint. Option 1 – lower the garage door height to less than 7 ft where my vehicle will not fit. Option 2 – lower the garage finished floor below grade. This would be against the suggested erosion control plan for my area causing potential water damage. The reason we elevated the roof to the point on the elevation was to avoid further roof peaks and valleys while keeping an aesthetically pleasing look. We could lower the top plate closer to the top of the garage door but in order to tie the roof in with the existing roof would not look normal and require the removal of solar panels. Staff’s Response: The Applicant’s initial description of the existing house demonstrates that there is a practical difficulty to construct a garage, whether attached or detached, that does not exceed the height of the principal structure. The Applicant’s revised plans minimize the amount of variance requested by developing a detached 3-car garage which is reasonable and consistent with how other properties are developed. City Council | Tuesday, October 17, 2023 | Page 158 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 5 of 7 2. The plight of the property owner is due to circumstances unique to the property, not created by the property owner. Applicant’s Response from April: Yes – The erosion control plan suggests the finished floor height match existing floor height to mitigate water problems/damage. The topography illustrates that the finished floor towards the back will be the same height as the earth outside, lowering the finished floor height will only increase the potential of water ingress. Staff’s Response: The Applicant’s response is related specifically to the April plans when the garage was proposed to be attached to the structure. While this is no longer the proposal, it is still relevant given that the detached garage is generally proposed in the same location. In addition, the existing home is somewhat unique given that the structure is extremely short and narrow which makes it nearly impossible to build a garage that would be shorter than the home, while still having reasonable garage door heights and a pitched roof. The existing structure was built several decades ago when it was less common to have multiple cars and/or garage stalls. 3. The variance, if granted will not alter the essential character of the neighborhood. Applicant’s Response from April: No – Most dwelling in the neighborhood have 2 car garages or larger. We have intentionally made the roof pitch and design to match the existing along with siding to match existing. It is our intent that upon completion of construction the addition looks as if it were part of the original build. Applicant also provided image of existing solar panels on the roof. (See below) Staff’s Response: The revised garage plans propose a detached 3-car garage which is consistent with how other lots are developed in the surrounding neighborhood. By reducing the size and scale of the garage it is more consistent with the character of the existing home and lot, and will not adversely impact the surrounding neighborhood. 4. Restrictions on Granting Variances. The following restrictions should be considered when reviewing a variance: a) Economic considerations alone do not constitute practical difficulties. City Council | Tuesday, October 17, 2023 | Page 159 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 6 of 7 In this case, the property owner is requesting to add garage space, and convert an existing one-car garage space into more living space to better fit their personal needs. While these improvements will likely improve the economic value and/or marketability of the home (at time of future sale), economic considerations alone are not the sole reason for the variance request. b)Variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. Staff finds that the requested square footage of the garage addition is in harmony with the purposes and intent of the R-1 One Family Residence district, as this proposed garage addition is consistent with and allowed as a conditional use in the R-1 District. The zoning ordinance clearly states that an accessory building may not exceed the height of a principal building. As noted in the April review, a variance request should minimize the amount of variance requested to the extent possible. The Applicant worked with Staff to find a solution that would minimize the amount of variance requested, while achieving their project objectives of developing a useable garage for the property. The subject property is designated as LR-Low Density Residential in the current 2040 Plan. Certain land use goals and policies are noted below: •Land Use Goal #2: Preserve, protect, and enrich the mature, fully developed residential neighborhoods and character of the community. •Housing Goal #1: Preserve and improve existing neighborhoods and housing units. o Housing Policy #2: Explore options for flexibility in Zoning Code standards and encourage reinvestment in existing houses o Housing Policy #4. Support the maintenance and rehabilitation of the community’s existing housing stock. Other guiding principles in the comprehensive plan provide for maintaining, preserving, and enhancing existing single-family neighborhoods. As proposed, the revised detached garage plan is consistent with the City’s goals to promote and support investment and rehabilitation of the existing housing stock while preserving the character of existing neighborhoods. ALTERNATIVES for ACTION 1.Recommend approval of the Conditional Use Permit and Variance for 598 Sibley Memorial Highway, based on the following findings-of-fact that support the granting of the variance as requested herein and noted as follows: A.Under Title 12-1L-5A of the City Code, the Council may grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B.The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of the Variance for height by the following supporting statements: i.) The architectural style of the home and age limit restrict the height of a garage unreasonably, and modern construction will result in a garage height that exceeds the height of a principal building. City Council | Tuesday, October 17, 2023 | Page 160 of 172 Planning Case 2022-05 (Variance and Conditional Use Permit 598 Sibley Memorial Highway) Page 7 of 7 ii.) Approving the Variance does not change the essential character of the neighborhood, so approving this Variance should not negatively impact or affect this neighborhood; and iii.) Allowing the garage height on the subject property by means of this variance is considered in harmony with the general purpose of the zoning ordinance and is consistent with the current and proposed land use plans, goals and policy statements contained in the 2040 Comprehensive Plans of the community. C. The City has considered the factors required by Title 12-1L-5.E.1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variance will not impact or pose any negative threats upon the neighborhood or the community in general. D. Approval of the Variance is for 598 Sibley Memorial Highway only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by city staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2023- 05, dated and presented September 26, 2023 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2023-____. (final number to be assigned later) F. The City has the authority to place reasonable conditions upon the property subject to this variance request and to issue the requested Conditional Use Permit. Conditions must be directly related to and roughly proportional to the impact created by the variance. The conditions, as recommended to be incorporated within the CUP are as follows: 1) The proposed garage and all other related improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2) Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance and CUP are approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed garage within one (1) year from said approval date. 2. Recommend denial of the Conditional Use Permit and denial of the variance request for 598 Sibley Memorial Highway, based on the findings-of-fact that confirm the Applicant failed to meet the burden(s) of proof or standards in granting of the variance requested herein, noted as follows: STAFF RECOMMENDATION Staff recommends the Planning Commission consider Alternative No. 1 to approve the Applicant’s request for a Variance and Conditional Use Permit to construct an approximately 988 square foot detached garage on the property located at 598 Sibley Memorial Hwy. Attachments 1. Revised Garage Site Plan and Elevation – September 2023 City Council | Tuesday, October 17, 2023 | Page 161 of 172 1 Jennifer Haskamp From:Robert Whebbe <bwhebbe@gmail.com> Sent:Friday, September 22, 2023 7:16 AM To:Jennifer Haskamp Subject:Re: Request for Extension Letter/Email - Urgent Attachments:Garage Height.pdf; Site, Grading, Erosion Control.pdf; Garage Height Red Lined.pdf; Garage.pdf Good morning Jennifer, Per our discussion I would like to proceed with an 11 foot garage wall height on 1 course of block placing the peak of the garage at 17 foot 5 inches. Menards' program will not allow the custom 11 foot wall to be entered, it will require a stud for a 12 foot wall to be cut down to the appropriate height to make a 11 foot wall. Thank you Robert Whebbe On Thu, Sep 21, 2023 at 3:25 PM Jennifer Haskamp <JHaskamp@mendotaheightsmn.gov> wrote: Hey Bob, Could you just send me the plans for the 11’ garage, with the elevation, and the site plan ASAP? If you send me those two items, I think I have everything else (I need to have packets together by 9 AM tomorrow, so if you can send tonight that would be awesome. Jennifer From: Robert Whebbe <bwhebbe@gmail.com> Sent: Thursday, September 21, 2023 2:37 PM To: Jennifer Haskamp <JHaskamp@mendotaheightsmn.gov> Subject: Re: Request for Extension Letter/Email ‐ Urgent That's great! Is it possible that you can give me a call either anytime today or tomorrow? I just want to make sure I am getting you all of the information you need from me. Thank you so much for the help! 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