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2014-08-19 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA August 19, 2014-7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of August 5, 2014 City Council Minutes b. Acknowledgement of August 11, 2014 Parks and Recreation Commission Minutes C. Acknowledgement of August 13, 2014 Airport Relations Commission Minutes d. Approval of Personnel Action Report e. Accept Fire Department Retirement and Resignation f. Approval of July 2014 Par 3 Report g. Approval of Victoria/Rolling Green Street Improvement Project Change Order to Pave Hockey Rink at Marie Park h. Approval of Fire Department Turnout Gear Purchase i. Approval of Wagon Wheel Trail Boulevard Reseeding j. Accept Bids and Award Project for 35E and Marie Avenue Storm Sewer Improvements, Res 2014-45 k. Review of Ordinance 468, Permanently Allowing Motorized Boats on Rogers Lake I. Receipt of July 2014 Building Activity Report M. Approval of Claims List n. Approval of Contractors List o. Approval of Temporary Liquor License for Holy Family Maronite Catholic Church 6. Public Comments 7. Presentations a. Swearing in Ceremony of Police Officer Nick Gorgos 8. New and Unfinished Business a. Resolution 2014- 46 Approving Amendments to the Final PUD, Final Plat, and Development Agreement for Lemay Shores Development 9. Community Announcements 10. Council Comments 11. Adjourn page 2 5 a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 5, 2014 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights. CALL TO ORDER Mayor Krebsbach called the meeting to order at 8:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. A moment of silence was held in honor of slain Police Officer Scott Patrick, who was killed in the line of duty July 30, 2014. Officer Patrick was a Police Officer with the City of Mendota Heights for the past 19 years. Assistant to the City Administrator Tamara Schutta told of the funeral arrangements to be held on August 6, 2014 and shared the procession map. Chief of Police Michael Aschenbrener said a few words in commemoration and expressed his appreciation to the residents for their support. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption of the agenda. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling item J) Approval of Third Amendment to Lower Mississippi River Watershed Management Organization Joint Powers Agreement. a. Approval of July 15, 2014 City Council Minutes b. Acknowledgement of July 22, 2014 Planning Commission Minutes c. Approval of Out of State Travel Request for Officers Lambert and Willson d. Approval of Christmas Eve Floating Holiday Designation e. Receipt of June 2014 Fire Department Synopsis Report August 5, 2014 Mendota Heights City Council Page I page 3 f. Approval of Computer Network Infrastructure Purchase g. Approval of Personnel Action Report h. Approval of Personnel Policy Revision Regarding City Employee Political Activity i. Approval of Replacement Public Works Truck Purchase j. Approval of Third Amendment to Lower Mississippi River Watershed Management Organization Joint Powers Agreement k. Approval of June 2014 Treasurer's Report 1. Approval of Claims List m. Approval of Contractors List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM J) APPROVAL OF THIRD AMENDMENT TO LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT City Engineer John Mazzitello explained that, in the past, portions of the City of Mendota Heights belonged in two watershed management organizations (WMO), the Lower Mississippi River WMO and the Gun Club Lake WMO. At the end of 2013, the Gun Club Lake WMO dissolved and reformed with Eagan and Inver Grove Heights only. This third amendment to the Joint Powers Agreement would add the portion of Mendota Heights that used to be in the Gun Club Lake WMO into the Lower Mississippi River WMO; providing some efficiency in surface water management within the city. Councilmember Povolny moved to approve the Third Amendment to Revised and Restated Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) ISD 197 SIBLEY STADIUM ADVISORY COMMITTEE REPORT City Administrator Justin Miller stated that over the last few months, a number of stakeholders, including the City of Mendota Heights and the City of West St. Paul, were involved in the Stadium Advisory Committee that the school district initiated to begin the discussions about moving the high school football stadium from Charles Matson Field in West St. Paul onto the campus of Henry Sibley High School in Mendota Heights. This committee was comprised of approximately 20 individuals from August 5, 2014 Mendota Heights City Council Page 2 page 4 athletic associations in West St. Paul and Mendota Heights, parents, neighbors from Warrior Drive, and approximately six school district staff members. School District Superintendent Nancy Allen -Mastro shared background information on this initiative and provided an update to the Council, which included a conceptual design of the proposed stadium. The committee sought feedback and comments from the City Council. Paul Aplikowsky, representing Wold Architects, and Dave Rey, representing Anderson Johnson Associates, were present to answer the Council's questions. The basic scope of the project is a 2,100 seat stadium, with an east/west orientation, artificial turf, and outbuildings for storage. The committee recommended the site located just south of the high school with a budget of approximately $4.5 million. Councilmembers asked questions, made comments, and offered suggestions regarding the proposed location, what is currently in that location, grading that would be required, light poles and candle strength affecting neighbors, mitigation of noise levels, other possible locations, traffic control, crowd management, hours of operation, ponding, and finding ways to minimize the impact on the neighbors. Council member Duggan suggested calling it an `Events Stadium'. Mayor Krebsbach recommended the school district go forward with a plan to incorporate all that is needed to do a good project. NEW AND UNFINISHED BUSINESS A) PLANNING CASE 2014-19, RESOLUTION 2014-44 APPROVING A LOT SPLIT AT 641 CALLAHAN PLACE Planner Nolan Wall explained that the applicant, on behalf of the property owners, requested a lot split for the existing subject parcel located at 641 Callahan Place. The subject parcel is approximately one acre or 43,510 square feet, owned by Cory Morrisette and Gail Darling, is zoned R-1 and guided for low density residential development. The applicant does have a purchase offer on the parcel contingent on approval of the subdivision. If approved, the applicant intends to demolish the existing home and construct two new single family homes on the property. Both of the newly created lots would be in excess of the 15,000 square foot minimum lot size requirement for the R -I district. Parcel A would be 21,679 square feet and parcel B would be 21,729 square feet, both parcels would have 100 feet of frontage on Callahan Place, and would be in compliant with the R-1 lot standards and consistent with the comprehensive plan. The decision before the Council is for the lot split itself and not a site plan specific to any future development on either parcel. Any drainage or setback issues that do exist on the site would be addressed by staff and the builders when a building permit comes forward. Councilmember Duggan commented that the builders should be encouraged to consider and preserve the characteristic of the neighborhood. August 5, 2014 Mendota Heights City Council Page 3 page 5 Mayor Krebsbach suggested the Council consider limiting the raising of the elevation of any proposed new development within the City. Councilmember Povolny moved to approve PLANNING CASE 2014-19, RESOLUTION 2014-44 APPROVING A LOT SPLIT AT 641 CALLAHAN PLACE based on the findings of fact included in the resolution. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B. REVIEW RECOMMENDED COMMENTS TO MISSISSIPPI RIVER CRITICAL CORRIDOR AREA PROPOSED RULES Planner Nolan Wall presented materials regarding the Mississippi River Corridor Critical Areas Rules process. Staff presented the comments that they had put together based on their internal review of the proposed rules and based on the ordinances the City has in place. Staff s intention would then be to submit those comments to the Department of Natural Resources (DNR) later in August. The Council was asked to provide feedback or changes to those comments as presented. Planner Wall then reviewed the key sections in the rules. Planner Wall reviewed staff comments based on the review and discussions had by the Planning Commission. These comments included the following: L `Bluff' and `Bluffline" Definitions 2. "Steep Slopes" and "Very Steep Slopes" Definitions 3. Duties of Commissioner 4. Duties of Local Governments 5. Contents of Ordinances District Boundaries 6. Nonconformities 7. Structure Height These comments are due to the DNR by August 15. In November 2014 they intend to pass a notice of intent to adopt the rules and conduct a full public hearing. It could take one to three years before the rules are officially adopted, after which the City would be required to revise its ordinances and revise its comprehensive plan. Mayor Krebsbach asked if the Council would be agreeable to submitting their comments and questions to staff by Monday, August 11, 2014 for review and inclusion in the documentation due to the DNR by August 15, 2014. Councilmembers all agreed. Councilmember Petschel acknowledged the detail that staff and the Planning Commission has taken in reviewing this document. August 5, 2014 Mendota Heights City Council Page 4 page 6 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Officer Scott Patrick's funeral is on Wednesday, August 6, 11:00 a.m., St. Stephens Lutheran Church in West St. Paul. City Hall will be closed on Wednesday, August 6 • Wednesday, August 6 is the Village Free Concert at Market Square; performance by Kid Power • The Primary Election is Tuesday, August 12 City Administrator Justin Miller shared a list of individuals and organizations that the City of Mendota Heights wished to express their gratitude to for their assistance and support since the death of Police Officer Scott Patrick. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:45 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk August 5, 2014 Mendota Heights City Council Page 5 page 7 Sb. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING August 11, 2014 The August meeting of the Mendota Heights Parks and Recreation Commission was held on Monday, August 11, 2014 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Hinderscheid called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Chair Hinderscheid, Commissioners Ira Kipp, David Miller, Stephanie Levine, Joel Paper and Michael Toth. Staff present: Recreation Program Coordinator Sloan Wallgren and Public Works Director/City Engineer John Mazzitello. Chair Hinderscheid started the meeting with a moment of silence to honor Officer Scott Patrick. Approval of Agenda Commissioner Paper added the agenda item: Renaming Parks. Commissioner Levine added an item: Protection of Pollinating Insects. Chair Hinderscheid added Splash Pad and Signs. COMMISSIONER TOTY MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER LEVINE SECONDED THE MOTION. AYES 6: NAYS 0 Approval of Minutes of July 08, 2014 COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE MINUTES; COMMISSIONER PAPER SECONDED THE MOTION. AYES 6: NAYS 0 Marie Park Hockey Rink Mr. Wallgren informed the commission that the hockey boards have been removed at Marie Park to create a staging area for the contractor that is doing road work in the area the next few months. When the project is complete the contractor will pave the hockey area and new boards will be installed. The 2014 budget has money allocated to replace a set of hockey boards. Commissioner Toth asked when this decision happened. Mr. Mazzitello replied that it has been the intent of the city to pave all of the hockey rinks in town, and that if we were to pave Marie Park rink now we would be saving over $22,000 which is about half the normal cost. Commissioner Paper asked what the condition of Friendly Hills rink was. Mr. Mazzitello responded that the Friendly Hills rink was paved over 13 year ago and has held up very nice. It easier to maintain good ice at Friendly Hills compared to Marie and Wentworth Park. Friendly Hills rink will need some minor repairs in the future. MH Parks and Recreation Commission 8-11-2014 Page 1 page 8 Commissioner Paper asked if there were hockey nets at Friendly Hills during the summer for people to use. Mr. Mazzitello responded that the nets stayed out at Friendly Hills all year. Commissioner Levine said that she was very concerned about removing green space from the park. She has spoken to several residents that are also concerned about paving the hockey rink. Honey Bees Commissioner Levine started the conversation about the importance of being environmentally responsible with the chemicals that are applied around the city. There is concern that the honey bee population is being threatened by certain chemicals, and that the honey bees are very important the environment. Mr. Mazzitello stated that we currently do not blanket spray our parks for insects. Occasionally maintenance staff does need to spray for bees, if they are presenting a danger to people. The commission discussed the resolution that the city of Shorewood passed, which says that the city will not spray chemicals that kill honey bees and that the city will encourage and educate the residents about the importance of creating and maintaining pollinator -friendly habitats. Tennis Practice Board Mr. Wallgren informed the commission that he has received several emails and phone calls about having a practice board installed at the Marie Park tennis courts. Mr. Wallgren informed the commission that to have a quality practice board installed would cost between $4,000 and $5,000. The board could be taken down and moved to another tennis court if it needed to be moved. The commission discussed the need for a practice board and thought it was a good idea. COMMISSIONER MILLER MADE A MOTION TO INSTALL A TENNIS PRACTICE BOARD AT MARIE PARK. COMMISSIONER LEVINE SECONDED THE MOTIN AYES 5: NAYS 1 Recreation Programming Report Mr. Wallgren informed the commission that the summer recreation programs have finished. He will present data with revenue, expenses and participation for each program at the September meeting. Mr. Wallgren also stated that he has been working with Trek and OneTen Cycles to organize a bike ride on our beautiful trail system. The bike ride will be held on Saturday October 11, 2014. October is Breast Cancer Awareness month and all the proceeds will go to the Breast Cancer Research Foundation. More details about the event will be in the next issue of the Heights Highlights. Par 3 Report Mr. Wallgren informed the commission that the golf course ran two promotional offers in the month of July, one with Groupon and one with Living Social. The sales from the two offers produced over $5,000 in revenue. We also had 60 youth from the metro area play in a Jr. PGA MH Parks and Recreation Commission 8-11-2014 Page 2 page 9 event on July 31St. The 6th hole at the golf course was closed for much of the moth because of the rain in June. We allowed golfers to play and extra hole during slower times, and offered league golfers a $2.00 discount. The decrease in Greens Fee revenue for the month of July is a result in the discount. Mr. Wallgren told the commission that staff was looking in to integrating Footgolf into the golf course. Footgolf is a relatively new sport, and is a combination of soccer and golf. The initial cost to set up the Footgolf course is roughly $1,500.00. Mr. Wallgren would like to get the Footgolf cups installed at the course before Labor Day so that the course could capitalize on the soccer season. The commission was very supportive of the idea of Footgolf. Total sales for the month of July were $28,998 and total expenses were $17,711. Total sales year to date are $94,482 and expenses are $66,667 resulting in a net profit of $27,815 Renaming Parks Commissioner Paper presented the idea of changing the name of a park to honor Officer Scott Patrick. The entire commission was supportive of doing something to honor Office Scott Patrick. Mr. Wallgren said that there is talk of doing something, but at this time it was too early to do determine what the appropriate action would be. If a park name is changed the commission would be involved in the process. Park Signs Chair Hinderscheid asked if there has been any progress with installing signs that describe the history of each park. Commissioner Paper said that he has talked with staff at Friendly Hills Middle School, and he will update the commission on the progress in the future. Commission Comments Commissioner Toth thought it was a good meeting. Commissioner Levine said it was a good meeting and encouraged people to recycle in the parks. Commissioner Miller said it was a good meeting and thanked staff for their work. Commissioner Paper thought it was a good meeting and would love to see Footgolf at the Par 3. Commissioner Kipp thought it was good meeting and echoed commissioner Paper's comments about Officer Partick. Chair Hinderscheid thought it was a good meeting. COMMISSIONER PAPER MADE A MOTION TO ADJOUN THE MEETING; COMMISSIONER TOTH SECONDED THE MOTION. Ayes 6: Nays 0 The meeting adjourned at 8:30 p.m. Respectfully Submitted by Sloan Wallgren MH Parks and Recreation Commission 8-11-2014 Page 3 page 10 CITY OF MENDOTA HEIGHTS Sc. DAKOTA COUNTY, NHNNESOTA AIRPORT RELATIONS COMMISSION NHNUTES August 13, 2014 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, August 13, 2014 at 7:00 p.m. at Mendota Heights City Hall. The following commissioners were present: David Sloan, William Dunn, Gina Norling, Jim Neuharth, Paul Portz, Sally Lorberbaum, and Kevin Byrnes Absent: None Also present: City Administrator Justin Miller, Sun Country President and CEO John Fredericksen Before the meeting was called to order, Chair Sloan called for a moment of silence in memory of Officer Scott Patrick. Approval of Minutes Neuharth moved, and Lorberbaum seconded that the minutes of the June 11 and July 9, 2014 Airport Relations Commission meetings be approved as submitted. All voted in favor. Guest Speaker Mendota Heights based Sun Country Airlines President and CEO John Fredericksen was in attendance and provided an update on his company. He highlighted the airline's history, current operations, future plans and challenges facing the airline industry. The commission asked several questions relating to aircraft usage, how destinations are decided upon, and how the city and Sun Country can work together in the future. Reports on Areas of Focus Norling noted that the number of noise events showed a very significant spike in the month of June and exceeded all control limits. It was noted that this correlated to an increase in the use of runway 12L in the same period, and the commission asked that staff follow up with MAC for a response. Lorberbaum noted that complaints were up for the months of May and June, especially in Minneapolis. Neuharth noted that several statistical measures were above the upper control limits and asked that staff look into this so an explanation could be denoted on the charts. Sloan provided an update on the recent NOC meeting, and Portz discussed issues relating to protests at the latest MAC meeting. Byrnes noted that he is re-evaluating how he searches for industry articles so more relevant topics can be shared. Follow up to MAC Public Input Meeting and FAA Tower Visit The commissioners shared their thoughts on the recent MAC public input meeting (held at Mendota Heights city hall) and the commission's visit to the FAA control tower at MSP International Airport. Adiourn Neuharth made a motion, seconded by Dunn, to adjourn at 8:27. All voted in favor. GS1.a5�1�5p�hcne � fi51.�52.99a�i'�x wvnr,mendota•heights,ecm CIiY OF iENaOTA HE IGfWiTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Resignation of Public Works — Street Maintenance III The city would like to thank Andy Quinlan, Street Maintenance III, for his significant contribution and service to the city of Mendota Heights. Over the past six years, Andy has been a valuable part of the Public Works team and a tremendous asset to the City. We have a deep appreciation of Andy's work and he will definitely be missed. Mr. Quinlan has accepted a position with the City of Sartell. Andy's last day of employment will be August 29, 2014. City staff recommends the city council recognize Andy Quinlan's resignation effective August 29, 2014. This action requires a simple majority vote. Item 2: Public Works Maintenance I Attached is a copy of an updated Maintenance Worker position description for your review. The position has been revised to reflect the primary responsibilities of the three current positions within the Public Works Department. The primary functions of the Maintenance Worker position is to perform various types of manual labor or operate equipment in the maintenance of the City's parks, streets, utilities and vehicle maintenance. Wages will be set in accordance with the 2014 — 2015 Teamsters 320 Labor Agreement. City staff recommends that city council approve the updated position description and authorize the staff to begin the recruitment process for a Public Works Maintenance I position to fill the vacancy within the streets division. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the actions requested above for these two items. page 12 CITY OF MENDOTA HEIGHTS TITLE: Public Works Maintenance DRAFT Department: Accountable To: Class Code: Public Works Leads & Public Works Non-exempt/Union Superintendent Primary Location: Normal Hours: Date of Last Revision: Public Works 7:00 a.m. to 3:30 .m.* July 15, 2014 *Hours may vary based on business need. Job Purpose: To perform various types of manual labor or operate equipment in the maintenance of the City's parks, streets, utilities and vehicle maintenance. Major Areas of Accountability: Operate heavy and light equipment such as motor grader, backhoe, trucks, small rollers, mowers, tractors, utility vehicles, jackhammers, miscellaneous equipment and tools. Essential Duties Duties Include, but Not Limited To: • Make minor repairs on buildings and equipment; • Perform cement, carpentry and welding work; • Painting of buildings and equipment; • Inspect equipment to insure proper care and provide routine service maintenance where needed (grease, oil, gasoline, etc.); • Keep current in safety rules and procedures; • Work safely and report unsafe job conditions to immediate Superintendent; • Develop and maintain effective working relationship with other employees and public; • Responsible to work overtime, shift changes or be on call as necessary and as assigned; • Perform related work as assigned or apparent; Maintenance persons will be assigned to specific departments for general duties; however, the Public Works Superintendent will reassign all persons as required to different departments to complete specific tasks. Duties to be performed under those times are as follows: WHEN ASSIGNED TO THE UTILITY DEPARTMENT Accountable to Utility Lead and Public Works Superintendent • Perform regular inspections and maintenance work on lift stations, manholes, gate valves, water services, sewer lines and other appurtenances and perform maintenance work necessary to their operation. • Check and clean sanitary or storm sewer lines by use of a sewer machine or other means. Make daily inspections of lift stations and repair valves and controls and make necessary adjustments. Spot check construction and connections to sewer lines. page 13 • Raise and lower manholes, gate valves and water services to grade. Maintain and perform light repair on motors, pumps and other equipment. • Perform other duties as assigned or apparent. WHEN ASSIGNED TO THE PARK DEPARTMENT Accountable to Park Lead and Public Works Superintendent • Cut and plant trees, shrubbery and grass with power and hand equipment in public areas. • Perform minor repairs and maintenance of any park and recreation buildings property or equipment. • Erect and maintain playground equipment, park fencing and signs. • Maintain and mark baseball, softball, football, soccer fields, and ice skating and hockey rinks. • Perform cement, carpentry and painting of equipment, tools and other facilities. • Drive truck, tractor or other equipment and perform related manual tasks. • Flood ice skating and hockey rinks. Participate in snow removal in park areas. Remove trash from parks. Perform other duties as apparent or assigned. WHEN ASSIGNED TO THE STREETS DEPARTMENT Accountable to Street Lead and Public Works Superintendent • Operate trucks, motor grader, backhoe, snowplows and other types of equipment as assigned. • Haul gravel, sand, salt, blacktop and snow, perform as a laborer on street work. • Perform manual tasks and duties as assigned. • Perform cement, carpentry and welding tasks for repairs and maintenance on City equipment and streets. • Cutting and planting of trees and shrubbery on public areas. • Erect and remove snow fences when needed. • Removal of trash and rubbish in or on public areas. • Oil, patch and spread sand on streets. • Operate sand and salt spreaders. • Perform other duties as assigned. WHEN ASSIGNED TO EQUIPMENT REPAIR Accountable to Mechanic and Public Works Superintendent • Assist mechanic in duties of equipment repair or maintenance. Perform other duties as apparent or assigned. • Assists other departments of Public Works, as needed including snowplowing. • Performs other duties and responsibilities as apparent or assigned. Minimum Qualifications A. High School Diploma or equivalent. B. Valid Minnesota Commercial Class B driver's license. C. This position requires the ability to lift/carry/push/pull at least 25 — 50 lbs. on a regular basis. D. Ability to pass pre-employment physical, including drug testing. E. Must satisfactorily pass a criminal background check. page 14 Knowledge/Skills/Abilities Required A. Knowledge of occupational safety precautions necessary to conduct assigned activities safely. B. Ability to operate heavy and light maintenance equipment needed to maintain City parks, streets, and utilities. C. Ability to establish and maintain effective relationships with city and county officials, other public agencies and the general public. D. Ability to work professionally with other employees and to deal with the public in a friendly and tactful manner. E. Ability to communicate ideas and explanations clearly in English, both orally and in writing. F. Ability to evaluate situations, improvise solutions with available resources and adapt to a changing environment. G. Ability to work with a minimal amount of supervision and complete assigned projects in a timely manner. H. Ability to work shift changes or on-call requirements. I. Ability to perform manual labor. J. Ability to work well under stress/pressure. Core Competencies by all Citv Emplovees: • Knowledge of work rules. Develops and maintains a thorough working knowledge of all city and applicable jurisdictional policies and procedures in order the help facilitate compliance with such policies and procedures by all staff members. • Develops respectful, cooperative and productive work relationships with coworkers, including the demonstrated willingness to help newer staff so their respective job responsibilities can be performed with confidence as quickly as possible. • Commitment to customer service. Demonstrates by personal example the service quality and integrity expected from all staff members. Represents Mendota Heights in a professional manner to the general public, employees and to other outside contact/constituencies in a manner that helps maintain and enhance Mendota Heights' reputation as well managed and citizen oriented. • Communication. Confers regularly with and keep immediate Superintendent informed of all important matters pertaining to those functions and job responsibilities for which the employee is accountable. • Productivity and work organization. Demonstrate ability to plan, organize and accomplish work in a timely and efficient manner. • Problem solving and decision making. Exercise good judgment, analytical thinking, and independent thinking as it relates to departmental and city procedures, problems and policy interpretations. • Safety rules and procedures. Develop knowledge of and observe the safety policies and procedures of the city. Perform tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to page 15 perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Physical Activities/Requirements Overall Physical Strength Demands Sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; O = Occasionally Up to 1/3 of the time. sitting most of the time. N = Never Never Occurs Exerting up to 20 lbs. occasionally, 10 lbs. frequently, or negligible Light amounts constantly; Sitting most of the time. Frequently requires Standing walking or standing. Medium Exerting 20 — 50 lbs. occasionally, 10 — 25 lbs. frequently, or up to 10 F lbs. constantly. ✓ Heavy Exerting 50 — 100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 Around work site lbs. constantly. Very Heavy Exerting over 100 lbs. occasionally, 50 — 100 lbs. frequently, or up to Carrying 20-50 lbs. constantly. Physical Demands C = Continuously 2/3 or more of the time. F = Frequently From 1/3 to 2/3 of the time. O = Occasionally Up to 1/3 of the time. R = Rarely Less than 1 hour per week. N = Never Never Occurs Physical Demands Frequency Code Example Standing F Observing work site. Communicating with co- workers Sitting F Desk work, meetings, driving Walking F Around work site Lifting F Tools, equipment, files, supplies Carrying F Tools, equipment, files, supplies Pushing/Pulling F Tools, equipment, supplies Reaching F For tools, supplies and files Handling F Paperwork, tools, equipment Fine Dexterity O Computer keyboard, telephone, equipment Kneeling O Retrieving items from lower shelves/ground Crouching R Retrieving items from lower shelves/ground Crawling R Under equipment Bending O Retrieving items from lower shelves/ground Twisting F Workstation, getting in and out of public works vehicle Climbing R Stairs, step stools, onto equipment Balancing R Ladders, equipment Vision C Reading reports, Computer screen, driving, page 16 Machines, Tools, Equipment and Work Aids City vehicles, small equipment, tools, telephone, cell phone, fax machine, copier, calculator, computer, printer. Environmental Factors D = Daily observing worksite Hearing C Communicating with co-workers/public Talking C Communicating with the co-workers/public Foot Controls O Driving vehicle Other (specify) Machines, Tools, Equipment and Work Aids City vehicles, small equipment, tools, telephone, cell phone, fax machine, copier, calculator, computer, printer. Environmental Factors D = Daily W = Several M = Several R = Rarely S = N = Never times per times per month Seasonally week Health and Safety Environmental Factors Primary Work Location Mechanical Hazards Dirt and Dust Public Works Garage W W Occasional) Chemical Hazards Extreme Temperatures Vehicle S M Continuously Electrical Hazards Noise and Vibration Outdoors R D Continuously Fire Hazards Fumes and Oder Other N M Communicable Diseases Wetness/Humidity S S Physical Danger or abuse Darkness or poor lighting N S Other (specify): Work Schedule Possibilities ✓ Typical 40 hour work ✓ Work on Weekends week ✓ Work on Holidays ✓ On call/call out Employees performing the duties of this job will frequently work in outside weather conditions. Office environment work is performed in a well -lit, well ventilated and temperature controlled facility. Noise level in the work environment is usually moderate. It can be loud when operating equipment. Protective Equipment Required Situationally required — vest, safety glasses, boots, hearing protection, gloves, hard hat, and other protective equipment as required. page 17 Non-physical Demands include Continuously Frequently I Occasionally Rarely Never 2/3 or more of From 1/3 to 2/3 of up to 1/3 of the Less than 1 the time the time time hour Der week Time Pressures — Occasionally Emergency Situations — Rarely Frequent Change of Tasks - Occasionally Irregular Work Schedule — Occasionally Performing Multiple Tasks Simultaneously - Frequently Working Closely with Others as Part of a Team — Continuously Noisy/Distracting Environment - Continuously Other: The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. page 18 Se. 1101 Victoria Curve I Mendota Height , 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com # mj CITY OF MENDOTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Firefighter Retirement and Resignation BACKGROUND This memo is to announce the retirement of firefighter Jamie Lerbs and resignation of Probationary Firefighter Robert Petrasek. Firefighter Jamie Lerbs has announced his retirement effective September 1, 2014. Jamie became a firefighter with the Mendota Heights Fire Department on August 7, 1979 and will have served over 35 years when he retires. Jamie's retirement completes 47 consecutive years as a member of the Lerbs family serving the city. Jamie's father Bill began his 27 years of service in 1967. Jamie has been a very active member on the fire department during his 35 years of service. He served as a captain for 13 years. He also served on a number of truck committees including the last two truck committees to design state of the art trucks which will serve the community for years to come. Jamie was also recognized as the "George Lowe Firefighter of Year" award recipient in 1997. Jamie is certified as a Firefighter 11, trained to the Haz-Mat Technician level and is a medical first responder. Firefighter Bob Petrasek has announced his resignation from the Mendota Heights Fire Department effective August 14, 2014. Bob became a probationary firefighter on September 18, 2013. Bob has been a very active member of the department and will truly be missed. He and his family are relocating to LeCenter, Minnesota. BUDGET IMPACT N/A page 19 RECOMMENDATION I recommend that the City Council regretfully accept the retirement of Jamie Lerbs effective September 1, 2014. If the City Council concurs with my recommendation, they should formally thank Jamie, his wife Jane, and his daughter Betsy for his 35 years of service to our community as a Mendota Heights Firefighter. I also recommend that the City Council accept the resignation of Bob Petrasek effective August 14, 2014. If the City Council concurs with my recommendation, they should formally thank Bob Petrasek and his family for his service to our community as a Mendota Heights Firefighter. page 20 5 f. 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Of Mj CITY OF MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: Par 3 Update Update The 6th hole was closed for much of the month of July due to wet conditions. We allowed people to play an extra hole during slower times, and we gave league golfers a $2.00 discount. The decrease in Greens Fees revenue from July 2013 compared to July 2014 is a reflection the discounted prices. On July 31st we hosted a Jr. PGA event with 60 participants from around the metro area. We will be hosting our Mendota Heights Youth Open on Saturday August 23rd. During the month of July the golf course ran promotional deals with Groupon and Living Social, which generated over $5,000.00 of revenue. Staff is also looking into the possibilities of integrating Foot Golf into our golf course. The initial set up cost would be about $1,500.00. Footgolf is a relatively new sport. Players kick a soccer ball into a 21 inch hole located near the green of each hole. Both golfers and footgolfers could use the golf course at the same time. Maintenance Update Staff has had two golf course construction companies come out to look at the 6th holes to see what we could do to improve the condition. Both companies recommended installing more drainage and filling in the lower areas. The cost to complete everything that the companies recommended was roughly $30,000.00. Staff recommends getting through this season, then assess the financial situation of the golf course. Budget Total sales for the month of July were $28,998 and total expenses were $17,711. Total sales for the year through July are $94,482 and expenses are $66,667 resulting in a net profit of $27,815 year to date. page 21 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT July 2014 (58.33% OF YEAR) REVENUES JULY YTD YTD BUDGET 2014 2014 % GREENS, LEAGUE & TOURN FEES $105,000 $18,653 $51,003 48.57% RECREATION PROGRAMS $35,000 $5,726 $33,247 94.99% CONCESSIONS $21,000 $4,507 $10,119 48.19% SUNDRY REVENUE $100 $112 $113 113.00% INTEREST $250 $0 $0 0.00% CAPITAL CONTRIBUTIONS $0 $0 $0 0.00% PAR 3 FUND REVENUE TOTAL $161,350 $28,998 $94,482 58.56% EXPENDITURES JULY YTD YTD BUDGET 2014 2014 % CLUBHOUSE SALARIES $32,700 $4,925 $9,884 30.23% ADMINISTRATIVE SALARIES $24,021 $1,861 $13,721 57.12% FICA/PERA $8,844 $1,034 $3,368 38.08% MEDICAL INSURANCE $7,144 $490 $3,428 47.98% U/E & W/C INSURANCE $6,100 -$25 $1,223 20.05% RENTALS $1,500 $603 $1,186 79.09% UTILITIES $9,800 $997 $4,220 43.06% PROFESSIONAL FEES -AUDIT $2,425 $1,301 $2,425 100.00% PROF FEES - CONSULTING FEES $900 $0 $1,520 168.86% PROF FEES - GROUNDS MGMT $8,000 $1,000 $4,000 50.00% PROF FEES - GROUNDS WAGES $18,000 $2,008 $6,114 33.97% PROF FEES - TREE MAINTENANCE $500 $0 $0 0.00% ADVERTISING/NEWSLETTER $600 $0 $205 34.23% LIABILITY/AUTO INSURANCE $3,450 $0 $2,961 85.81% OPERATING COSTS/SUPPLIES $7,200 $1,124 $1,893 26.30% FUEL $2,000 $300 $1,022 51.08% REPAIRS & MAINTENANCE $15,000 $1,564 $4,169 28.00% SUNDRY/DUES/MILEAGE/CLOTHING $1,700 $112 $2,197 129.26% CONTINGENCY $0 $0 $1,760 0.00% ONLINE REG & CREDIT CARD FEES $2,750 $418 $1,371 49.86% PAR 3 EXPENDITURES TOTAL $152,634 $17,711 $66,667 43.68% page 22 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT July 2013 AND 2014 REVENUES JULY JULY YTD YTD 2013 2014 2013 2014 GREENS, LEAGUE, TOURNAMENT FEES $19,765 $18,653 $53,605 $51,003 RECREATION PROGRAMS $4,030 $5,726 $29,842 $33,247 CONCESSIONS $4,258 $4,507 $10,419 $10,119 SUNDRY REVENUE $6 $112 $22 $113 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $28,060 $28,998 $93,887 $94,482 EXPENDITURES CLUBHOUSE SALARIES $5,953 $4,925 $11,951 $9,884 ADMINISTRATIVE SALARIES $1,745 $1,861 $12,883 $13,721 FICA/PERA $1,055 $1,034 $3,498 $3,368 MEDICAL INSURANCE $428 $490 $3,085 $3,428 U/E & W/C INSURANCE $0 ($25) $3,297 $1,223 RENTALS $57 $603 $1,157 $1,186 UTILITIES $486 $997 $2,711 $4,220 PROFESSIONAL FEES -AUDIT $367 $1,301 $2,390 $2,425 PROF FEES -CONSULTING FEES $0 $0 $300 $1,520 PROF FEES -GROUNDS MGMT $2,000 $1,000 $2,000 $4,000 PROF FEES -GROUNDS WAGES $2,503 $2,008 $4,891 $6,114 PROF -FEES -TREE MAINTENANCE $0 $0 $0 $0 ADVERTISING/NEWSLETTER $0 $0 $196 $205 LIABILITY/AUTO INSURANCE $282 $0 $3,293 $2,961 OPERATING COSTS/SUPPLIES $1,755 $1,124 $2,663 $1,893 FUEL $397 $300 $981 $1,022 REPAIRS & MAINTENANCE $612 $1,564 $7,268 $4,169 SUNDRY/DUES/MILEAGE/CLOTHING $509 $112 $2,054 $2,197 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $456 $418 $1,225 $1,371 CONTINGENCY $0 $0 $0 $1,760 PAR 3 EXPENDITUES TOTAL $18,605 $17,711 $65,843 $66,667 page 23 1101 Victoria Curve I Mendota Heights Sg 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com of CITY OF m i ME MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Approval of Change Order for Project 2013-08, Victoria Road & Rolling Green Neighborhood Improvements BACKGROUND The contract to reconstruct Victoria Road from Marie Avenue north to Highway 13 and to rehabilitate the Rolling Green Neighborhood was awarded by City Council at their June 3rd meeting. As part of this project, an area of Marie Park had been designated as a material storage site for the project. Due to its centralized location and proximity to the project area, the ice skating rink area was chosen as the material storage area. In early July, Public Works Staff removed the old hockey boards and the contractor prepped the area for material storage, which included removing the surface vegetation and constructing a new access route to minimize contractor interaction with the public using the park. Since the area was already disturbed, and since there would be base material readily available, staff asked the contractor to provide a price for installing pavement for the skating rink. As a comparison, staff also asked the contractor to provide a price if the rink were to be paved from scratch, without them already in the area with material available. The comparative prices are attached. Paving the City park skating rinks is an improvement that has been on the capital improvements "wish list" for quite some time because paving the skating rink would provide higher quality ice and more efficient maintenance and flooding of the ice sheet. Evidence of this is at the Friendly Hills Park skating rink, which was paved over 13 years ago, and has consistently produced the best ice sheet of any City Park skating rink. Area residents were initially notified of the change to the Marie Park skating rink in a letter sent on July 15th to notify them of the activity taking place in Marie Park and that the area south of the parking lot and basketball court was closed to the public during construction for safety reasons. Area residents were also notified of the change order approval being on tonight's agenda via a letter sent on August 12th. Copies of these letters are also attached. BUDGET IMPACT The skating rink paving project is proposed by the contractor to cost $21,000.00. If the contractor were to complete the project from scratch, the cost is estimated at $43,600.00. If the change order is approved, the $21,000 would be added to the City costs of the Victoria Road/Rolling Green Neighborhood project and would be paid for out of City funds. The page 24 awarded bid price of the project contract was $1,819,014.30. The original estimated cost was $1,993,050.75. The additional $21,000.00 fits within the originally estimated project amount. RECOMMENDATION Staff recommends that the City Council approve a contract change order for City Project Number 2013-08 in the amount of $21,000.00 for the purpose of installing a paved area to be utilized as a skating rink in Marie Park If the City Council concurs with the recommendation, they should pass a motion approving the recommended action by a simple majority vote. N N Q- "°�,_�° ' BID PROPOSAL • as. PROJECT: Victoria Road & Rolling Green Improvements PROJECT #: 201308 Paving with Project versus Paving Independently - Cost Comparison DATE: 7/25/2014 SUBTOTAL SUMMARY SCHEDULE W - Marie Hockey Rink TOTAL $21,000.00 $43,600.00 $21,000.00 $43,600.00 $21,000.00 $43,600,00 Page IofI DONE DONE ESTIMATED DONE WITH PROJECT DONE WITH PROJECT INDEPENDENT INDEPENDENT ITEM NO. SPEC. NO. ITEM DESCRIPTION UNIT QUANTITY BID UNIT PRICE BID AMOUNT UNIT PRICE BID AMOUNT SCHEDULE'A' - Marie Hockey Rink 1 2021.501 MOBILIZATION LS 1 $0.00 $0.00 $2,500.00 $2,500.00 2 2105.501 COMMON EXCAVATION C.Y. 750 $8.00 $6,000.00 $20.00 $15,000.00 3 2211.501 AGGREGATE BASE TON 500 $7.00 $3,500.00 $16.00 $8,000.00 4 2503.603 BITUMINOUS PAVEMENT TON 250 $45.00 $11,250.00 $70.00 $17,500.00 5 2506.602 SEEDING & BLANKET S.Y. 200 $1.25 $250.00 $3.00 $600.00 SUBTOTAL SUMMARY SCHEDULE W - Marie Hockey Rink TOTAL $21,000.00 $43,600.00 $21,000.00 $43,600.00 $21,000.00 $43,600,00 Page IofI page 26 July 15, 2014 RE: Utilization of Marie Park for Victoria Road & Rolling Green Neighborhood Improvements City Project No. 201308 Dear Property Owner: The City of Mendota Heights recently began work on our 2014 street reconstruction and rehabilitation project. This project consists of the reconstruction of Victoria Road and the rehabilitation of Walsh Lane, Stratford Road, Coventry Court, Rolling Green Curve, Oxford Court, and Windwood Court. As part of this project a material storage area is required to hold asphalt pavement and gravel that is to be recycled as part of the construction project. The site identified for this storage is the hockey rink at Marie Park. This site was chosen due to its proximity to the streets being worked on, and for the ability to store material outside of the street right-of-way. It was always the City's intention to utilize this site for material storage, but the City believes that as neighborhood residents and potential users of Marie Park, you should be made aware of this activity. Please keep in mind that construction traffic will be coming in and out of the park throughout the work day, and be mindful of moving equipment. The south portion of the park (south of the parking lot) will be closed to the public for the duration of the summer, but the north portion of the park will remain open for public use. Once the construction project reaches substantial completion (scheduled for early October), a new, paved surface will be installed for the hockey rink, and the boards and fences will be re -installed in time for winter use. If you have any questions or concerns about this project, please contact me, Ryan Ruzek, or the engineering staff at 651-452-1850. Sincerely, John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer + -e+ Ryan Ruzek, P.E. Assistant City Engineer page 27 August 12, 2014 RE: Potential Marie Park Skating Area Changes Dear Property Owner: The City of Mendota Heights and our contractor have been utilizing the Marie Park skating rink area as a material storage site for the Victoria Road Reconstruction/Rolling Green Neighborhood Rehabilitation project. As mentioned in our July 15th letter, the end result of utilizing this area will be the restoration of the skating rink, complete with new hockey boards and a paved surface. Paving of the skating rink is being proposed in order to create a higher quality ice surface in the winter months that is easier to maintain and will require less time to flood the ice sheet. At their upcoming August 19th meeting, the Mendota Heights City Council will be hearing a request to approve the contract change order adding the skating rink paving to the Victoria Road/Rolling Green project. City staff wanted the surrounding neighborhood to know this action was scheduled for the upcoming agenda. If you have any questions or concerns about this project, please contact me, Ryan Ruzek, or the engineering staff at 651-452-1850. Sincerely, John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer + -e+ Ryan Ruzek, P.E. Assistant City Engineer page 28 Sh. 1101 Victoria Curve I Mendota Heigh[_ 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com MCITY OF i MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: John P. Maczko SUBJECT: Purchase of Turnout Gear BACKGROUND The 2014 fire budget includes $15,000 for the purchase of turnout gear. A recent inspection of the turnout gear found that there are five full sets of turnout great that are in need of immediate replacement. Assistant Chief Dreelan has received two quotes for the necessary turnout gear. The two quotes are from Lion for $11,325.00 and Fire Equipment Specialties for $10,875.00. BUDGET IMPACT There is $15,000 budgeted for the purchase of the five sets of turn out gear and the purchase of them would be under budget. RECOMMENDATION I recommend the City Council approve the purchase of the necessary turnout gear from Fire Equipment Specialties for the amount of $10,875.00. page 29 Si. 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com T m* CITY OF MENDOTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE Assistant City Engineer SUBJECT: Wagon Wheel Trail Boulevard - Reseeding BACKGROUND Wagon Wheel Trail Was reconstructed in 2011 and completed in 2012. In July & August of 2012, Minnesota experienced some of the warmest and driest conditions ever recorded. The newly installed sod along the boulevards was unable to withstand the harsh conditions and most did not survive. Mendota Heights has received a number of complaints regarding the issue. The sod did flourish during its warranty period of 30 days but the dry conditions eventually took its toll. Staff is proposing to contract with a local landscape company to have the boulevards tilled, rolled/graded smooth and the disturbed areas to be hydro seeded. Hydro seeding should be much more tolerant of dry conditions and road salt damage. BUDGETIMPACT Twin City Hydro Seeding, Inc. has provided an estimate of $10,068.80 for this service. Final invoices have been recorded and there are sufficient funds within the project budget to cover this cost. RECOMMENDATION Staff recommends City Council authorize a purchase order to Twin City Hydro Seeding for $10,068.80. This action requires a simple majority vote. page 30 wt,55118 1101 Victoria Curve I Mendota He 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accept Bids and Award Project for 35E & Marie Avenue Storm Sewer Improvements BACKGROUND In 2013, MnDOT and City staff observed erosion that has exposed utility conduits and pipes within the right-of-way area of 35E and in Interstate Valley Park. MnDOT and the City entered into a Cooperative Construction Agreement (CCA) this past April to complete the construction of the erosion repair and new storm drainage system for the area. Under the terms of the CCA, MnDOT has prepared the plans and specifications, and will be the ultimate owner of the underground facilities. The City is responsible for bidding, awarding, and administering the construction contract, maintenance of surface vegetation on City property, and collecting funding obligations from the benefitting utility companies. Council authorized staff to bid the project at their June 17, 2014 meeting. Four bids (see below) were received and opened on Wednesday, July 30, 2014, at 10:00 a.m. for the 35E & Marie Avenue Storm Sewer Improvements. NAME OF BIDDER AMOUNT OF BID Didion Contracting, Inc. $154,343.60 G.F. Jedlicki, Inc. $169,791.00 Urban Companies $229,587.00 Northdale Construction, Inc. $233,534.49 Didion Contracting, Inc. submitted the lowest responsible bid of $154,343.60. Their bid was more than the Engineer's Estimate from MnDOT of $62,511.88. The low bid was 247% of the engineers estimate. MnDOT has reviewed the bids and has authorized the city to proceed with awarding the project. page 31 BUDGET IMPACT Under the terms of the CCA, the City would pay 65%, or $100,323.34 plus any additional fees for construction services. MnDOT would pay the remaining 35%, or $54,020.26. In 1994, the City split its portion of the project costs with the benefitting utility companies. City staff has already begun discussing the project with both utility companies about sharing in the City's portion of the project cost. Any contribution from the utility companies will lower the city's overall expense. Staff recommends that these costs be covered by utilizing a combination of Municipal State Aid (MSA) funds and Storm Water Utility funds. RECOMMENDATION Staff recommends that the council accept the bids and award the construction contract to Didion Contracting, Inc. for their bid in the amount of $154,343.60. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 35E & MARIE AVENUE STORM SEWER IMPROVEMENTS (PROJECT #201311). This action requires a simple majority vote. page 32 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-45 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 35E & MARIE AVENUE STORM SEWER IMPROVEMENTS (PROJECT #201311) WHEREAS, pursuant to an advertisement for bids for the proposed construction of storm sewer, ditch grading, erosion repair and related appurtenant work of 35E & Marie Avenue, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Didion Contracting, Inc. $154,343.60 G.F. Jedlicki, Inc. $169,791.00 Urban Companies $229,587.00 Northdale Construction, Inc. $233,534.49 and WHEREAS, the Minnesota Department of Transportation has concurred with the tabulation of bids; and WHEREAS, the City Engineer recommended that the lowest responsible bid submitted by Didion Contracting, Inc. of Prior Lake, Minnesota, be accepted NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Didion Contracting, Inc. of Rosemount, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Didion Contracting, Inc. of Prior Lake, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this 19"' day of August 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 33 5k. 1101 Victoria Curve I Mendota Heights,11in nn 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com if CITY OF m i ME MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Ordinance 468 — Motorized Watercraft on Rogers Lake BACKGROUND In September of 2013, City Council adopted an Ordinance that allowed the use of motorized watercraft on Rogers Lake. The Ordinance adopted had a sunset date of one year from publication, which set a sunset date of September 29, 2014. Motorized watercraft, within the rules established, have been allowed on Rogers Lake since the initial Ordinance was adopted, and as of the date of this letter the City has received no complaints about motorized watercraft usage. The Rogers Lake Homeowners Association has requested the Ordinance be codified and permanent. A copy of their letter to the City is attached Ordinance 456 was the originally adopted, temporary Ordinance. The attached Ordinance 468 amends Ordinance 456 to remove the sunset clause, and establish a permanent codified location within Title 6 of the Mendota Heights City Code. If adopted, this Ordinance would go into effect upon publication. No formal action is required by Mendota Heights City Council at this time. Since Ordinance 468 regulates the surface use of a regulated water body, the Department of Natural Resources (DNR) will need to review and approve the Ordinance. The City went through this process for the temporary Ordinance, and if there are no changes between the temporary and permanent Ordinances, this step is anticipated to be routine. Once DNR approves the Ordinance, it will be brought back to City Council for final approval. BUDGET IMPACT There is no anticipated budgetary impact other than the cost of publishing the Ordinance. A sign has already been manufactured and posted in conjunction with the temporary Ordinance passed in 2013. RECOMMENDATION No action is necessary at this time. The Ordinance will be brought back to Council, after DNR review, at one of the September meetings. page 34 August 6, 2014 Mr. John Mazzitello Mr. Justin Miller City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Support — Electric Boat Motor Ordinance on Rogers Lake Dear John and Justin, On August 5, 2014, members of the Rogers Lake Association passed a motion confirming the Association's support to make permanent, the current ordinance permitting use of electric boat motors on Rogers Lake. On behalf of the Rogers Lake Association, please let this letter serve as our official request to the City that the ordinance be appropriately amended to make such ordinance permanent. On behalf of the Rogers Lake Association, I will attend the Mendota Heights City Council meeting on Tuesday, August 19, to address any concerns, questions, or comments the mayor, council or staff may have at that time. Thank you for your assistance and I look forward to continue working with you and the City to keep Rogers Lake healthy. Sincerely, Tim W. Carlson President page 35 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, NHNNESOTA ORDINANCE NO. 468 AN ORDINANCE AMENDING ORDINANCE NO. 456, REGULATING THE SURFACE USE OF ROGERS LAKE Be it ordained and enacted by the City Council of the City of Mendota Heights, State of Minnesota, that these amendments following, by this act, are newly enacted section(}, 6-6-4: MOTORIZED WATERCRAFT SPECIFIC TO ROGERS LAKE, which, upon enactment, become tempefafily permanently lawful t4fetto t4e date itidieated in t4e Ofdinanee. Section 1. PURPOSE, INTENT, AND APPLICATION: As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, AND Minnesota Rules 6110.3000 — 6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Rogers Lake in the City of Mendota Heights, Minnesota, said body of water being located entirely within the boundaries of the City of Mendota Heights, Minnesota, to promote its fullest use and enjoyment by the public in general and the citizens of the City of Mendota Heights, Minnesota, in particular, to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety, and welfare of the citizens of the City of Mendota Heights, Minnesota. Section 2. DEFINITIONS: Terms used in this Ordinance related to boating are defined in Minnesota Statute 86B.005. Section 3. SURFACE ZONING OF ROGERS LAKE BY ALLOWING THE USE OF MOTORBOATS UNDER CERTAIN CONDITIONS: (a) Use of Motorboats as defined in Title 6, Chapter 6, Section IA of City Code for the City of Mendota Heights shall be allowed on Rogers Lake, south of Wagon Wheel Trail only, provided: a. The motorboat must be 14 feet or less in length b. The motor strength must be 48 pounds of thrust or less (equivalent to 5 horsepower) c. The motorboat must be operated at "no wake" speed. d. Operation of motorboats is restricted to between sunrise and sunset. CEJ if not Fenewed by an aet of the City Cotineil of the City of Mendota 146#�,Minnesota, this Or-dinanee shall a-utematieally stinset one year- af4er- -passage an pubheation. Section 4. ENFORCEMENT: The primary responsibility for enforcement of this Ordinance shall rest with the City of Mendota Heights, Minnesota. This, however, shall not preclude enforcement by other licensed peace officers. page 36 Section 5. EXEMPTIONS: All authorized Resource Management, Emergency, and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. Section 6. NOTIFICATION: It shall be the responsibility of the City of Mendota Heights, Minnesota to provide for adequate notification of the public, which shall include placement of a sign as public watercraft access point(s) outlining essential elements of the Ordinance, as well as the placement of necessary buoys and signs. Section 7. PENALTIES: Any person violating any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punishable as provided in section 1-4-1 of the City of Mendota Heights, Minnesota Code of Ordinances (1981 Code 1201 § 11; amd. 2003 Code). Section 8. EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this 16th day of September 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk DATE 14 -Aug -14 TO: Mayor, City Council and City Administrator FROM: Mike Andrejka- Building Official SUBJECT: Building Activity Report July 2014 July 1. 2014 thru July 31, 2014 JuIv 1 2014 thru JuIv 31 2014 January 1. 2013 thru July 31, 2013 Trade anuary 1 2014 thru Jul 31 2014 Trade January 1 2013 thru JuIv 31 2013 Buildina No. Valuation Fee Collected Buildin No. Valuation Fee Collected Buildin No. Valuation Fee Collected Permits Plumbing 12 $ $ 1,287.75 Permits 83 $ $ 7,422.15 Plumbing Perm its $ 6,378.60 Water $ SFD 4 $1,915,000.00 $ 19,232.39 SFD 10 $4,780,000.00 $47,818.26 SFD 3 $ 1,059,000.00 $ 11,176.11 APT $ 3 $ $ APT $ 21754.69 $ APT $ Heat, AC & Gas $ Townhouse $ 39 $ $ Townhouse $ $ 22,568.94 $ Townhouse $ $ 28,824.11 $ Condo $ $ Condo $ $ Condo $ $ Misc. 70 $ 736,083.69 $ 14,599.42 Misc. 308 $ 4,034,814.76 $ 71,039.03 Misc. 304 $ 3,567,279.00 $ 64,419.32 C/I 8 $ 1,301,528.50 $ 12,140.86 C/I 30 $ 9,470,573.50 $ 81,117.38 C/I 60 $ 10,669,290.00 $ 79,859.04 Sub Total: 82 $3,952,612.19 $ 45,972.67 Sub Total: 348 $18,285,388.26 $199,974.67 Sub Total: 367 $ 15,295,569.00 $ 155,454.47 July 1. 2014 thru July 31, 2014 January 1. 2014 thru July 31, 2014 January 1. 2013 thru July 31, 2013 Trade No. I Valuation Fee Collected Licenses No. Valuation Fee Collected Trade Contractor Licenses 21 $ 1 $ 1,050.00 Trade Contractor Licenses 1 285 $ 1 $ 14,250.00 $ Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected Permits No. Valuation Fee Collected Plumbing 12 $ $ 1,287.75 Plumbing 83 $ $ 7,422.15 Plumbing 107 $ $ 6,378.60 Water $ Misc. Water 3 $ $ 30.00 Water 2 $ $ 20.00 Sewer 4 $ $ 100.00 Sewer 11 $275.00 Sewer 3 $ $ 75.00 Heat, AC & Gas 23 $ $ 21754.69 Heat, AC & Gas 146 $ $ 14,841.79 Heat, AC & Gas 175 $ 22,350.51 Sub Total: 39 $ 4,142.44 1 Sub Total: 243 $ $ 22,568.94 Sub Total: 287 $ $ 28,824.11 July 1. 2014 thru July 31.2014 January 1. 2014 thru July 31, 2014 January 1. 2013 thru May 31, 2013 Licenses No. I Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses I No. I Valuation Fee Collected Contractor Licenses 21 $ 1 $ 1,050.00 Contractor Licenses 1 258 $ $ 12,900.00 Contractor Licenses 1 285 $ 1 $ 14,250.00 page 37 51. Januar 1 2012 thru Jul 31 2012 Buildina No. Valuation No. Valuation Fee Collected Permits 116 $ $ 8,926.00 Water $ SFD 1 $704,000.00 $ 200.00 $6,514.26 APT $ Sub Total: $ $ 29,093.00 Townhouse $ $ Condo $ $ Misc. 311 $ 5,038,972.00 $ 62,591.48 C/I 86 $ 14,443,342.00 $ 102,793.45 Sub Total: 1 398 $20,186,314.00 $171,899.19 January 1. 2012 thru July 31, 2012 Trade Permits No. Valuation Fee Collected Plumbin 116 $ $ 8,926.00 Water $ Sewer 8 $ $ 200.00 Heat, AC & Gas 166 $ $ 19,967.00 Sub Total: 290 $ $ 29,093.00 January 1. 2012 thru July 31, 2012 Licenses No. Valuation Fee Collected Contractor Licenses 1 260 $ $ 13,000.00 TOTAL 1 1421 $3,952,612.19 1 $ 51,165.11 1 ITOTAL 1 849 $18,285,388.26 1 $235,443.61 TOTAL 1 939 $ 15,295,569.00 $ 198,528.58 TOTAL 1 948 $20,186,314.00 $213,992.19 NOTE: All fee amounts exclude SAC, WAC, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. page 38 Sm. 1101 Victoria Curve I Mendota Hei 118 651.452.1850 phone 1 651,452.8940 fax www rnendota-heights.com Ciro of MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary SiLynificant Claims Inver Grove Ford — Pickup Truck Streets Dept. $ 41,692.75 A to Z Home Inspection — 6/10-7/18/14 Inspections $ 8,937.50 CDW — Government — Computer Equipment $ 4,879.32 Gartzke Construction — Storm Sewer Repairs $ 4,900.00 Great River Greening — Valley Park Restoration $ 3,000.00 SPRWS — Water Service $ 4,795.63 Manual Checks Total $ 48,307.33 System Checks Total $ 78,447.88 Total for the list of claims for the August 19, 2014 city council meeting $ 126,755.21 RECOMMENDATION: Approval of the list of claims for August 19, 2014 CITY OF MENDOTA HEIGHTS Claims List MANUALCHECKS 08/14/14 MAN page 39 08/14/14 12:35 PM Page 1 Account Comments DEPT Descr Amount Search Name I C M A RETIREMENT 457 G 01-2073 08/01/2014 PAYROLL $192.00 G 01-2072 08/01/2014 PAYROLL $483.99 Search Name I C M A RETIREMENT 457 $675.99 Search Name INVER GROVE FORD E 01-4620-050-50 PICK UP TRUCK - STREETS DEPT. Road & Bridges $41,692.75 Search Name INVER GROVE FORD $41,692.75 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 08/01/2014 PAYROLL $50.00 Search Name NATIONWIDE RETIREMENT SOLUTION $50.00 Search Name P 0 S T BOARD E 01-4220-020-20 LICENSE - N. GORGOS Police $90.00 Search Name P 0 S T BOARD $90.00 Search Name SELECT ACCOUNT G 01-2071 AUG 2014 HSA CONTRIBUTIONS $3,731.52 E 05-4131-105-15 AUG 2014 HSA CONTRIBUTIONS Engineering Enterprise $380.76 E 01-4131-070-70 AUG 2014 HSA CONTRIBUTIONS Parks & Recreation $380.76 E 01-4131-020-20 AUG 2014 HSA CONTRIBUTIONS Police $761.52 E 01-4131-110-10 AUG 2014 HSA CONTRIBUTIONS Administration $496.14 Search Name SELECT ACCOUNT $5,750.70 Search Name UNITED WAY OF ST. PAUL G 01-2070 08/01/2014 PAYROLL $47.89 Search Name UNITED WAY OF ST. PAUL $47.89 page 40 CITY OF MENDOTA HEIGHTS 08/14/14 12:37 PM Claims List Page 1 SYSTEM CHECKS 08/19/14 PAY Account Comments DEPT Descr Amount Search Name 3RD LAIR SKATE PARK E 01-4435-200-70 SKATEBOARD CAMP Parks & Recreation $300.00 Search Name 3RD LAIR SKATE PARK $300.00 Search Name A TO Z HOME INSPECTION, LLC E 01-4231-040-40 06/10 - 07/18/14 INSPECTIONS Code Enforcement/Inspe $8,937.50 Search Name A TO Z HOME INSPECTION, LLC $8,937.50 Search Name ACACIA PARK CEMETERY ASSOC. E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $4,936.00 Search Name ACACIA PARK CEMETERY ASSOC. $4,936.00 Search Name ALL CITY ELEVATOR, INC. E 08-4335-000-00 AUG 2014 ELEV. CONTRACT - CITY HALL Spec Fds $153.00 Search Name ALL CITY ELEVATOR, INC. $153.00 Search Name AMERIPRIDE SERVICES E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges $25.87 E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation $25.86 E 15-4335-310-60 MAT SERVICE - PW GARAGE Utility Enterprise $25.86 Search Name AMERIPRIDE SERVICES $77.59 Search Name APACHE GROUP E 08-4335-000-00 SUPPLIES - CITY HALL Spec Fds $732.33 Search Name APACHE GROUP $732.33 Search Name ARROW MOWER INC. E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $23.21 Search Name ARROW MOWER INC. $23.21 Search Name BARTUSCH, TIM E 78-4460-774-00 HUNTER/ORCHARD REPAIRS Spec Fds $199.51 Search Name BARTUSCH, TIM $199.51 Search Name BATTERIES PLUS E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation -$32.30 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $56.78 Search Name BATTERIES PLUS $24.48 Search Name BRUSTAD, ROB R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name BRUSTAD, ROB $35.00 Search Name BYWORDS PRINTING E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $1,585.19 Search Name BYWORDS PRINTING $1,585.19 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 08/05/2014 CITY COUNCIL MEETING Administration $113.40 Search Name C. DARLENE OEHLKE, CAP $113.40 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 COMPUTER EQUIPMENT Info Tech $3,703.75 E 01-4301-114-14 COMPUTER SOFTWARE Info Tech $650.20 page 41 CITY OF MENDOTA HEIGHTS 08/14/14 12:37 PM Page 2 Claims List SYSTEM CHECKS 08/19/14 PAY Account Comments DEPT Descr Amount E 01-4301-114-14 COMPUTER SOFTWARE Info Tech $331.87 E 01-4301-020-20 COMPUTER SOFTWARE - PD Police $193.50 Search Name CDW GOVERNMENT, INC $4,879.32 Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation -$88.11 E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $42.47 E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $124.31 Search Name CENTRAL IRRIGATION SUPPLY $78.67 Search Name COMCAST E 45-4210-045-45 JULY 2014 TELECOM SERVICES - PAR3 Golf Course $182.82 E 45-4210-045-45 AUG 2014 TELECOM SERVICES - PAR3 Golf Course $180.73 Search Name COMCAST $363.55 Search Name COMMERCIAL ASPHALT E 01-4422-050-50 ASPHALT MIX Road & Bridges $2,030.88 Search Name COMMERCIAL ASPHALT $2,030.88 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 01-4220-040-40 ANNUAL PERMITS SUPPORT COST Code Enforcement/Inspe $427.17 E 01-4211-420-50 2ND QTR UTILITIES Road & Bridges $219.58 Search Name DAKOTA COUNTY FINANCIAL SERVIC $646.75 Search Name DAKOTA COUNTY TREAS-AUDITOR E 29-4404-000-00 2014 WHEP CONTRIBUTION Spec Fds $2,310.00 Search Name DAKOTA COUNTY TREAS-AUDITOR $2,310.00 Search Name EAGAN, CITY OF E 01-4435-200-70 PUPPET WAGON Parks & Recreation $1,200.00 Search Name EAGAN, CITY OF $1,200.00 Search Name ECKBERG LAMMERS E 01-4221-120-10 JULY 2014 LEGAL SERVICES - COUNCIL Administration $400.00 E 01-4220-120-10 JULY 2014 LEGAL SERVICES Administration $225.00 E 01-4220-120-80 JULY 2014 LEGAL SERVICES Planning $600.00 E 01-4481-110-10 JULY 2014 LEGAL SERVICES Administration $900.00 G 27-1145 JULY 2014 LEGAL SERVICES $600.00 Search Name ECKBERG LAMMERS $2,725.00 Search Name ESS BROTHERS & SONS INC E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $311.00 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $771.00 Search Name ESS BROTHERS & SONS INC $1,082.00 Search Name FASTENAL INDUSTRIAL & CONSTR E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $63.21 Search Name FASTENAL INDUSTRIAL & CONSTR $63.21 Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $142.76 Search Name FRONTIER AG & TURF $142.76 Search Name GAGNON, CHRIS R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 _ page 42 CITY OF MENDOTA HEIGHTS 08/14/14 12:37 PM Page 3 Claims List SYSTEM CHECKS 08/19/14 PAY Account Comments DEPT Descr Amount G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name GAGNON, CHRIS $35.00 Search Name GARTZKE CONSTRUCTION INC E 29-4330-000-00 STORM SEWER REPAIRS Spec Fds $4,900.00 Search Name GARTZKE CONSTRUCTION INC $4,900.00 Search Name GOPHER STATE ONE CALL E 01-4210-040-40 JULY 2014 SERVICE Code Enforcement/Inspe $522.40 Search Name GOPHER STATE ONE CALL Fire $522.40 Search Name GRAINGER Elections $37.35 E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $24.42 Search Name GRAINGER Administration $24.42 Search Name GREAT RIVER GREENING $179.65 E 01-4330-215-70 RESTORATION WORK - VALLEY PARK Parks & Recreation $3,000.00 Search Name GREAT RIVER GREENING Administration $3,000.00 Search Name HANCO CORPORATION Police $51.21 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $81.16 Search Name HANCO CORPORATION $81.16 Search Name HARDWOOD CREEK LUMBER INC Golf Course $345.00 E 27-4460-788-00 VICTORIA ROAD PROJECT Spec Fds $202.34 Search Name HARDWOOD CREEK LUMBER INC $202.34 Search Name HEROLD, JEFF Fire $200.00 G 01-2035 REFUND - SOFTBALL ENTRY FEE Utility Enterprise $2.33 R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 Search Name HEROLD, JEFF $35.00 Search Name HOSE INC E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $42.16 Search Name HOSE INC $42.16 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $6.76 E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $50.59 E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $37.35 E 05-4300-105-15 OFFICE SUPPLIES - ENG. Engineering Enterprise $48.36 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $36.59 Search Name INNOVATIVE OFFICE SOLUTIONS $179.65 Search Name IRON MOUNTAIN RECORDS MGMT E 01-4490-110-10 JULY 2014 SHREDDING Administration $17.07 E 01-4490-020-20 JULY 2014 SHREDDING Police $51.21 Search Name IRON MOUNTAIN RECORDS MGMT $68.28 Search Name JANECKY PLUMBING SERVICE, INC E 45-4335-045-45 BLDG REPAIRS - PAR3 Golf Course $345.00 Search Name JANECKY PLUMBING SERVICE, INC $345.00 Search Name JANI-KING OF MINNESOTA, INC. E 01-4335-315-30 AUGUST 2014 SERVICE - FIRE HALL Fire $200.00 E 15-4335-310-60 AUGUST 2014 SERVICE - PW GARAGE Utility Enterprise $66.66 page 43 CITY OF MENDOTA HEIGHTS 08/14/14 12:37 PM Page 4 Claims List SYSTEM CHECKS 08/19/14 PAY Account Comments DEPT Descr Amount E 01-4335-310-70 AUGUST 2014 SERVICE - PW GARAGE Parks & Recreation $66.67 E 01-4335-310-50 AUGUST 2014 SERVICE - PW GARAGE Road & Bridges $66.67 Search Name JANI-KING OF MINNESOTA, INC. $400.00 Search Name JOHNSON-WILLIAMS FUNERAL CAR E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $1,190.00 Search Name JOHNSON-WILLIAMS FUNERAL CAR $1,190.00 Search Name LILLIE SUBURBAN NEWS E 01-4240-080-80 PLANNING NOTICES Planning $49.00 E 01-4240-110-10 2013 FINANCIAL REPORT PUBLICATION Administration $588.00 E 01-4240-640-12 ELECTION NOTICES Elections $73.50 E 29-4240-000-00 NOTICE - SW NOTICE Spec Fds $59.50 Search Name LILLIE SUBURBAN NEWS $770.00 Search Name LIZARRAGA, LOUIS & MARGARET G 15-1150 REFUND - SEWER ACCOUNT CREDIT $60.57 Search Name LIZARRAGA, LOUIS & MARGARET $60.57 Search Name LOGIS E 01-4220-114-14 NETWORK SERVICE Info Tech $495.00 Search Name LOGIS $495.00 Search Name LUNA, ARMANDO R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name LUNA, ARMANDO $35.00 Search Name M T I DISTRIBUTING COMPANY E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $116.16 Search Name M T I DISTRIBUTING COMPANY $116.16 Search Name MAZZITELLO, JOHN E 05-4415-105-15 MILEAGE REIMBURSEMENT - J. MAZZITEL Engineering Enterprise $68.88 Search Name MAZZITELLO, JOHN $68.88 Search Name MENARDS E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $135.28 E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Spec Fds $21.47 E 15-4305-060-60 OPERATING SUPPLIES - SEWER Utility Enterprise $128.43 Search Name MENARDS $285.18 Search Name MN CONWAY E 45-4335-045-45 ANNUAL FIRE EXT. INSPECTION Golf Course $120.67 Search Name MN CONWAY $120.67 Search Name MN DEPT OF LABOR & INDUSTRY E 08-4335-000-00 BOILER LICENSE - CITY HALL Spec Fds $20.00 E 01-4335-310-50 BOILER LICENSE - PW Road & Bridges $3.34 E 01-4335-310-70 BOILER LICENSE - PW Parks & Recreation $3.33 E 15-4335-310-60 BOILER LICENSE - PW Utility Enterprise $3.33 Search Name MN DEPT OF LABOR & INDUSTRY $30.00 Search Name MN GLOVE INC E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $161.10 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/19/14 PAY page 44 08/14/14 12:37 PM Page 5 Account Comments DEPT Descr Amount Search Name MN GLOVE INC $161.10 Search Name NAPA AUTO PARTS E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $119.45 Search Name NAPA AUTO PARTS $119.45 Search Name NATURE CALLS, INC E 01-4435-200-70 RENTALS - PARK CELEBRATION Parks & Recreation $350.00 Search Name NATURE CALLS, INC $350.00 Search Name NELSON, THOMAS R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name NELSON, THOMAS $35.00 Search Name NITfI SANITATION INC E 45-4280-045-45 RUBBISH REMOVAL - PAR3 Golf Course $46.00 E 45-4280-045-45 RECYCLING - PAR3 Golf Course $18.54 Search Name NITfI SANITATION INC $64.54 Search Name NORTHERN STAR COUNCIL/BSA E 01-4435-200-70 FIELD TRIPS - BASE CAMP Parks & Recreation $750.00 Search Name NORTHERN STAR COUNCIL/BSA $750.00 Search Name NORTHFIELD LINES, INC. E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $5,526.29 Search Name NORTHFIELD LINES, INC. $5,526.29 Search Name NOWACK, SHANE R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name NOWACK, SHANE $35.00 Search Name OREILLY AUTO/FIRST CALL E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $59.32 Search Name OREILLY AUTO/FIRST CALL $59.32 Search Name OXYGEN SERVICE CO E 01-4200-610-50 CYLINDER RENT - PW Road & Bridges $26.87 E 01-4200-610-70 CYLINDER RENT - PW Parks & Recreation $26.87 E 15-4200-610-60 CYLINDER RENT - PW Utility Enterprise $26.86 Search Name OXYGEN SERVICE CO $80.60 Search Name PAC E 01-4200-610-50 EQUIPMENT RENTAL - STREETS Road & Bridges $175.00 Search Name PAC $175.00 Search Name PRAIRIE RESTORATIONS, INC. E 01-4330-215-70 WEEDS SPRAYING - PARKS Parks & Recreation $451.86 Search Name PRAIRIE RESTORATIONS, INC. $451.86 Search Name ROLOFF, JAMES G 15-1150 REFUND - SEWER ACCT CREDIT $47.80 Search Name ROLOFF, JAMES $47.80 Search Name SAM S CLUB page 45 CITY OF MENDOTA HEIGHTS 08/14/14 12:37 PM Page 6 Claims List SYSTEM CHECKS 08/19/14 PAY Account Comments DEPT Descr Amount E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $89.55 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $237.47 E 01-4435-200-70 TENNIS LESSONS SUPPLIES Parks & Recreation $144.97 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $29.19 E 45-4300-045-45 OFFICE SUPPLIES - PAR3 Golf Course $119.10 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $99.99 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $100.69 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $280.43 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $128.02 E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $75.98 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $92.94 E 45-4310-210-45 BEVERAGES - PAR3 Golf Course $30.72 E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $190.30 E 45-4300-045-45 OFFICE SUPPLIES - PAR3 Golf Course $25.09 E 45-4335-045-45 BLDG EQUIPMENT - PAR3 Golf Course $740.30 E 01-4305-020-20 OPERATING SUPPLIES - PD Police $42.00 E 01-4435-200-70 PLAYGROUNDS SUPPLIES Parks & Recreation $106.90 E 45-4310-210-45 CONCESSIONS - PAR3 Golf Course $71.90 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $92.94 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $92.94 E 45-4300-045-45 OFFICE SUPPLIES - PAR3 Golf Course $11.31 E 01-4435-200-70 SAFETY CAMP SUPPLIES Parks & Recreation $156.14 Search Name SAM S CLUB $2,958.87 Search Name SANAN, OMER & PAULA G 15-1150 REFUND - SEWER ACCT CREDIT $53.82 Search Name SANAN, OMER & PAULA $53.82 Search Name SELECT ACCOUNT E 01-4220-110-10 AUG 2014 HSA PARTICIPANT FEE Administration $12.04 E 01-4220-020-20 AUG 2014 HSA PARTICIPANT FEE Police $13.24 E 01-4220-070-70 AUG 2014 HSA PARTICIPANT FEE Parks & Recreation $1.20 E 01-4220-080-80 AUG 2014 HSA PARTICIPANT FEE Planning $2.11 E 05-4220-105-15 AUG 2014 HSA PARTICIPANT FEE Engineering Enterprise $5.42 E 15-4220-060-60 AUG 2014 HSA PARTICIPANT FEE Utility Enterprise $2.11 Search Name SELECT ACCOUNT $36.12 Search Name SOUTH ST. PAUL UMPIRES ASSN E 01-4435-200-70 JULY 2014 UMPIRE SERVICES Parks & Recreation $2,184.00 Search Name SOUTH ST. PAUL UMPIRES ASSN $2,184.00 Search Name SPRWS E 01-4425-070-70 JULY 2014 SERVICE - PARKS Parks & Recreation $1,833.32 E 08-4425-000-00 JULY 2014 SERVICE - CITY HALL Spec Fds $628.47 E 01-4425-315-30 JULY 2014 SERVICE - FIRE DEPT Fire $232.04 E 15-4425-310-60 JULY 2014 SERVICE - PW Utility Enterprise $14.29 E 01-4425-310-70 JULY 2014 SERVICE - PW Parks & Recreation $14.30 E 01-4425-310-50 JULY 2014 SERVICE - PW Road & Bridges $14.30 E 01-4425-315-30 JULY 2014 SERVICE - FIRE DEPT Fire $74.11 E 01-4425-070-70 JULY 2014 SERVICE - PARKS Parks & Recreation $1,984.80 Search Name SPRWS $4,795.63 Search Name STENHAUG, JON R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 08/19/14 PAY page 46 08/14/14 12:37 PM Page 7 Account Comments DEPT Descr Amount G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name STENHAUG, JON $35.00 Search Name STICHA, JOE R 01-3307 REFUND - SOFTBALL ENTRY FEE $32.67 G 01-2035 REFUND - SOFTBALL ENTRY FEE $2.33 Search Name STICHA, JOE $35.00 Search Name TIRE DISTRIBUTION SYSTEMS, INC E 01-4330-490-50 TIRES - STREETS Road & Bridges $1,788.20 Search Name TIRE DISTRIBUTION SYSTEMS, INC $1,788.20 Search Name U.S. KIDS GOLF E 45-4305-045-45 GOLF SUPPLIES Golf Course $196.10 G 45-2035 GOLF SUPPLIES - USE TAX -$12.61 Search Name U.S. KIDS GOLF $183.49 Search Name UNIVERSITY OF MN EXTENSION E 01-4400-070-70 RECERT. WORKSHOP - R. BURROWS Parks & Recreation $120.00 Search Name UNIVERSITY OF MN EXTENSION $120.00 Search Name VERIZON WIRELESS E 01-4210-020-20 AUG 2014 SERVICE - PD Police $70.06 Search Name VERIZON WIRELESS $70.06 Search Name WALLRAFF ELECTRIC CO. E 08-4335-000-00 A/C REPAIRS - CITY HALL Spec Fds $950.00 Search Name WALLRAFF ELECTRIC CO. $950.00 Search Name WASTE MANAGEMENT E 01-4280-310-50 JULY 2014 SERVICE - PW GARAGE Road & Bridges $282.23 E 01-4280-310-70 JULY 2014 SERVICE - PW GARAGE Parks & Recreation $282.23 E 15-4280-310-60 JULY 2014 SERVICE - PW GARAGE Utility Enterprise $282.23 E 08-4280-000-00 JULY 2014 SERVICE - CITY HALL Spec Fds $183.15 Search Name WASTE MANAGEMENT $1,029.84 Search Name WEBSTER, JAMES & ANN G 15-1150 REFUND - SEWER ACCT CREDIT $39.87 Search Name WEBSTER, JAMES & ANN $39.87 Search Name WILLWERSCHEID FUNERAL HOME E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $9,574.07 Search Name WILLWERSCHEID FUNERAL HOME $9,574.07 Search Name WINFIELD SOLUTIONS, LLC E 45-4334-045-45 CHEMICALS - PAR3 Golf Course $607.78 Search Name WINFIELD SOLUTIONS, LLC $607.78 Search Name WIRTZ BEVERAGE MINNESOTA E 45-4310-205-45 BEVERAGES - PAR3 Golf Course $139.00 E 45-4310-205-45 BEVERAGES - PAR3 Golf Course $140.80 Search Name WIRTZ BEVERAGE MINNESOTA $279.80 Search Name ZEE MEDICAL SVC E 15-4305-060-60 FIRST AID SUPPLIES - PW Utility Enterprise $68.05 E 01-4305-050-50 FIRST AID SUPPLIES - PW Road & Bridges $68.05 page 47 CITY OF MENDOTA HEIGHTS 08/14/14 12:37 PM Page 8 Claims List SYSTEM CHECKS 08/19/14 PAY Account Comments DEPT Descr Amount E 01-4305-070-70 FIRST AID SUPPLIES - PW Parks & Recreation $68.05 Search Name ZEE MEDICAL SVC $204.15 $78,447.88 2014 Licensing List for City Council Type Contract®r Name Gas Piping General HVAC Sign Dinius Plumbing Company KB Mechanical, Inc Peltier Plumbing Prestige Pools KB Mechanical, Inc Albrecht Sign Company page 48 Sn. Wednesday, August 13, 2014 Page 1 of I 5o. DATE: August19, 2014 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License-Holy Family Maronite Church BACKGROUND Pursuant to State Statutes and ourCity Code, no person shall sell or give away liquor without first having received a license. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor.The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. Holy Family MaroniteChurch, located at 1960Lexington Avenue South,is planning to hold their annual Fall FestivalSeptember 5-7,on the church property. On Sunday, September 7, thefestival will includeoutdoor music,foodand wine/beer.They havesubmitted an application for a Temporary On-Sale Liquor license to allow for the sale of alcoholic beverages at the Sunday event. Security will be present during the eventand liability insurance has been obtained. It should be noted that Temporary On-Sale Liquor licenses have been issued in the past tocharitable, nonprofit and religious organizations within the city with no incidents or negative reports. BUDGET IMPACT N/A RECOMMENDED ACTION Staff recommends the City Council approve the Temporary On-Sale Liquor licensefor Holy Family Maronite Catholic Churchproposed,subject to final approval of the Director of Alcohol and Gambling Enforcement. page 49 8a. 1101 Victoria Curve I Mendota He, 118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF MENDDTA HEIGHTS DATE: August 19, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Amendments to the Final PUD Plan, Final Plat, and Development Agreement for LeMay Shores BACKGROUND The City Council passed Resolution 07-54 on June 5, 2007 approving the Final PUD, Final Plat, and Development Agreement for the LeMay Shores development. Ryland Homes is now seeking approval for the Final Plat and amendments to the PUD Final Development Plan and Development Agreement. The changes to the Final Plat and Final PUD Plan are necessary to accommodate a new twin -home design the developer is proposing to construct. The new design features a side -loaded garage stall to enhance the frontage of the units (see Attachment A). hi order to accommodate the revised design, the internal lot lines for each unit are proposed to be slightly modified on the Final Plat (see Attachment B). According to the City Attorney, the proposed amendments to the PUD Final Development Plan are "minor" and only require City Council approval. At the June 17 meeting, the City Council approved an extension to the development agreement until December 31, 2014 to allow time for a transition to Ryland Homes. Staff and the City Attorney worked with Ryland Homes to revise the agreement for review and approval by the City Council, based on the proposed amendments to the PUD Final Development Plan and Final Plat. The revised Development Agreement is attached for review (see Attachment Q. The following is a summary of the key amendments: 1. Revision of "Developer' to The Ryland Group, Inc. (throughout the document) 2. License Agreement requirement for plantings in easement areas [3.2(f)] 3. Reference to a new Aircraft Noise Assessment [3.18(c)] 4. Haul Route Plan requirement for construction traffic [4.2(b)] 5. Reference to updated Final Plans [Exhibit B] 6. Emergency Access/Egress Easement description and map [Exhibits C-1, C-2, & C-3] 7. Conservation Easement description and map [Exhibit D-1, D-2, & D-3] 8. Updated Engineer's Estimate [Exhibit F] The proposed non -motorized trail connecting Augusta Shores to the new development will be legally described, mapped, and recorded upon completion of construction. The proposed route is heavily wooded, so this procedure is being proposed by the Developer in order to accommodate any changes to the location based on site conditions encountered during construction (tree preservation, grading, etc.). page 50 BUDGETIMPACT N/A RECOMMENDATION If the City Council wishes to approve the proposed amendments, pass RESOLUTION 2014-46 APPROVING AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN, FINAL PLAT AND DEVELOPMENT AGREEMENT FOR LEMAY SHORES. This matter requires a simple majority vote. Attachments: (A) Proposed Building Elevations (B) Final Plat (C) Development Agreement page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-46 RESOLUTION APPROVING AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN, FINAL PLAT AND DEVELOPMENT AGREEMENT FOR LEMAY SHORES WHEREAS, The Ryland Group, Inc. is seeking approval for amendments to the planned unit development final development plan, final plat and development agreement for LeMay Shores (see attached legal description); and WHEREAS, the City Council at their regular meeting on June 5, 2007 approved a planned unit development final development plan, final plat, and development agreement as in Resolution 07-54 and proposed in Planning Case 92007-04; and WHEREAS, the proposed amendments to the planned unit development final development plan and final plat are considered minor amendments by the City Code and can be approved by the City Council; and NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the amendments to the planned unit development final development plan, final plat and development agreement for LeMay Shores are hereby approved with the following conditions: 1. The applicant and the City shall enter into a Development Agreement for the property prior to any final approvals for the project. 2. The final plans shall be subject to review and approval by the City prior to any final approvals for the project. BE IT FURTHER RESOLVED, the Mayor and City Clerk are authorized to execute the Development Agreement with Ryland Group, Inc. Adopted by the City Council of the City of Mendota Heights this nineteenth day of August, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk aa'VN°6M'tamu. wasivrmsE zeesavrcosd �Fme a • uvw�i x.xm �..w •xwsoss o� 'tee '.`"�'.S3WOH(INb'IA�J s°4�Fa n�' _ 6 � gsy s eFa - a _s' a 6 4F SK a$EaYza. f^ a emn �� ry '° ry m� �. z ° "' ❑ oW 00f U N N O 4 MN�uip�in9pnis v11 p- „ V e9= ry \V so 5wa Q 0. a EO L z .T - ,o-,ol ,o -,e ❑ Z z Uoz 2 Ua „ V I ry \V so 5wa Q 0. a _ uy o°a ..� mzz � o@ o aorc Q > / Zw =�w z w=z n0 m Ar -11 o L .T ❑ i V ,o-,ol ,o -,e ❑ ry \V so \ o m � o@ Y 4 1 , / U / wo--- Oo br COJ O1 w � z o l 7 V 00 --- — — 7-,-n w „ m 4 e� KU o m . _it Z u g 8j V i m= � Ch I _ m� a, m 6= \ 8 iT I io��„,- ¢ a L aa'Vaio6M'tamu. eaesavrcoex zeescvrcoed woe o ' m�w�ai ae exm �eew ea�as oss c pnis 'tee 3'-' �.S3WOH(INVIAJ �-d �uip�in9 s°4�Fa n�' e 6Y -. �, s' s-:. =Yr : eE. f^ ry ry _ V � N EO z Ua � J c� y zw DJ da aw m� 0 J 0 J J E- a z� oW �y U J J IX W W G 00 J o Z J CL W J D lu W ❑ J Ll ll! a O ej 2 .j ass�E,�oaw�,�ada4o��o�� Z 2 I ' €��yzam9€£�"gale mo �� 9fri E mn"z`E Z A-1 z°�6's a°3a°aE •E On y ✓ y� tl100N3N W VN —wasm s. ianv'Ob lel W ( J N iz a ez , roi ,= V, —..—...—...—...�...—...—...— tb 02L M,Lf.La.I4N �-WSB--. , I � ]wumvnjv 1Q1LM le IW aw M.i`Z,eO.apN•� _i Ate/ -��). �/�. F MUM R Lso,ty't� •j Kr v ko q N ^ Ln �s�atdJ.]]; )kYRO.�p.'.N� � �?�� y rN ✓ ,y�l�t,ly -°' I page,f6ACHMENT C August 19, 2014 (Amended) AMENDED AND RESTATED CONTRACT FOR PRIVATE DEVELOPMENT By and Between THE CITY OF MENDOTA HEIGHTS and THE RYLAND GROUP, INC. page 57 TABLE OF CONTENTS Paae SECTIONI. Definitions...............................................................................................................1 Section1.1. Definitions..........................................................................................................1 SECTION II. Representations and Warranties.........................................................................4 Section 2.1. Representations by the City_...............................................................................4 Section 2.2. Representations, Covenants and Warranties by the Developer .........................4 SECTION III. Land Development..............................................................................................5 Section3.1. Final Plans..........................................................................................................5 Section 3.2. Developer Requirements....................................................................................6 Section 3.3. Irrevocable Letter of Credit...............................................................................9 Section3.4. No Warranty.......................................................................................................9 Section3.5. City Expenses...................................................................................................10 Section3.6. Warranty..........................................................................................................10 Section 3.7. Contractors Meeting.........................................................................................11 Section3.8. Quality of Work...............................................................................................11 Section 3.9. Engineering and Location Services for Public Infrastructure Improvements.. ) l Section 3.10. Staking and Inspection....................................................................................11 Section 3.11. Emergency Access...........................................................................................11 Section 3.12. Building Permits..............................................................................................I I Section3.13. Occupancy........................................................................................................12 Section 3.14. Final Inspection................................................................................................12 Section 3.15. City's Right to Complete Work.......................................................................12 Section 3.16. Conveyance to the City....................................................................................12 Section 3.17. Maintenance Prior to Conveyance...................................................................13 Section 3.18. Airport Noise Impacts.....................................................................................13 Section 3.19. Formation of Owners Association..................................................................13 Section 3.20. Approval of Association Documents..............................................................14 SECTIONIV. Construction.......................................................................................................14 Section 4.1. Construction of Infrastructure Improvements..................................................14 Section 4.2. Commencement and Completion of Infrastructure Improvements .................14 Section 4.3. Tempora , Sr ignage..........................................................................................15 SECTION V. Indemnification, Release and Insurance...........................................................15 Section5.1. Indemnity.........................................................................................................15 Section 5.2. Release and Waiver..........................................................................................15 Section5.3. Insurance..........................................................................................................15 Section5.4. Non-Imputation................................................................................................17 page 58 SECTION VL Prohibitions Against Assignment and Transfer.............................................17 Section 6.1. Representation as to Development...................................................................17 Section 6.2. Prohibition Against Transfer and Assignment .................................................17 Section 6.3. Construction Lender.........................................................................................18 SECTION VII. Events of Default..............................................................................................19 Section7.1. Defined.............................................................................................................19 Section7.2. Remedies..........................................................................................................19 Section 7.3. No Remedy Exclusive......................................................................................19 Section 7.4. No Additional Waiver Implied by One Waiver...............................................20 SECTION VIII. Termination of Amement............................................................................20 Section 8.1. Automatic Expiration.......................................................................................20 Section 8.2. Option to Terminate.........................................................................................20 Section 8.3. Effect of Termination.......................................................................................20 Section 8.4. Evidence of Termination..................................................................................20 SECTION IX. Additional Provisions........................................................................................21 Section 9.1. Conflicts of Interest, City Representatives Not Individually Liable ...............21 Section 9.2. Equal Employment Opportunity......................................................................21 Section 9.3. Provisions Not Merged with Deed...................................................................21 Section9.4. CityApprovals.................................................................................................21 Section 9.5. Titles of Sections and Sections........................................................................21 Section 9.6. Notices and Demands......................................................................................21 Section9.7. Counterparts.....................................................................................................22 Section9.8. Law Governing................................................................................................22 Section9.9. Severability......................................................................................................22 Section 9.10. Complete Agreement.......................................................................................22 Section9.11. Successors........................................................................................................22 Section9.12. Authority..........................................................................................................22 Section9.12. Recording........................................................................................................22 EXHIBIT A Legal Description.........................................................................24 EXHIBIT B Final Plans.................................................................................... 25 EXHIBIT C Emergency Access/EgressEasement Agreement ......................... 26 EXHIBIT D Conservation Easement Description ............................................ 30 EXHIBIT E Sample Irrevocable Letter of Credit ............................................. 36 EXHIBIT F Engineer's Estimate..................................................................... 39 page 59 AMENDED AND RESTATED CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT is made as of June 5, 2007 (the "Effective Date") and subsequently amended as of October 10, 2007, June 16, 2009, June 7, 2011, June 17, 2014, and August 19, 2014 by and between the City of Mendota Heights, a Minnesota statutory city, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55118-4167 (the "City") and The Ryland Group, Inc., a Maryland corporation, its successors and assigns as permitted herein, having its principal office at 7599 Anagram Drive, Eden Prairie, MN 55344 ("Developer"). WITNESSETH: WHEREAS, the City is a Minnesota statutory city formed under Chapter 412 of the Minnesota Statutes, and is authorized to transact business and exercise its powers, including the powers described herein, by a resolution of the city council of the City; and WHEREAS, Developer has or will acquire certain property located east of LeMay Lake in the City, more particularly described on Exhibit A attached hereto, which was formerly Resurrection Cemetery (the "Development Property") to be known as LeMay Shores and has developed a plan, subject to obtaining necessary approvals, for development thereon, in phases, of a 60 unit multi -family residential development in accordance herewith and with the Planned Unit Development Final Plan, as defined herein for Residential Development approved June 5, 2007, by City Council Resolution 07-54 (the "Project"); and WHEREAS, the parties hereto believe that development of the Project pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety and welfare of its residents, and in accord with the public purposes, provisions and requirements of the applicable state and local laws under which the Project has been undertaken; and WHEREAS, the parties desire to extend the terms of the Project as reflected by this Agreement to December 31, 2014. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them covenants and agrees with the other as follows: SECTION I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. page 60 "City" has the meaning assigned to it in the introductory paragraph of this Agreement. "City Attorney" means Tom Lehmann or such other person as may succeed or replace him as City Attorney. "City Engineer" means John Mazzitello or such other person as may succeed or replace him as City Engineer. "Closing" means the acquisition by the Developer of good and marketable title to the Development Property. "Closing Date" means the date upon which the Closing occurs. "Development Property" has the meaning assigned to it in the Recitals. "Environmental Law(s)" shall mean, but is not limited to, Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9601 et seq. as now or hereafter amended, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§6901 et seq. as now or hereafter amended, the Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq. as now or hereafter amended, the Clean Water Act (33 U.S.C. § 1317 et seq.), as now or hereafter amended, the Clean Air Act, 42 U.S.C. §7401 et seq., the Clean Water Act (33 U.S.C. § 1317 et seq.), as now or hereafter amended; the Clean Air Act (342 U.S.C. § 7412 et seq.), as now or hereafter amended; the Toxic Substances Control Act (15 U.S.C. § 2606 et seq.), as now or hereafter amended; the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), as now or hereafter amended; the Minnesota Environmental Response and Liability Act (Minn. Stat. Section 115B.02 et seq.) ("MERLA"), as now and hereafter amended and the regulations thereunder, and any other local, state and/or Federal laws or regulations, that govern (i) The existence, cleanup and/or remedy of contamination on the Development Property; (ii) The protection of the environment from released, spilled, deposited or otherwise emplaced contamination; (iii) The control of hazardous wastes; or (iv) The use, generation, transport, treatment, removal or recovery of Hazardous Substances, including any and all building materials. "Event of Default" means an action or failure to act by the Developer or the City as identified in Section VIII of this Agreement. "Final Plans" means those certain final plans, specifications, drawings, submittals of the Developer and related documents with respect to the Infrastructure Improvements approved by the City Engineer, all of which were approved by City Council Resolution 05-85 dated September 6, 2005, which are attached hereto as Exhibit B and/or listed on Exhibit B. Hazardous Substance: The term "Hazardous Substance" shall mean any substance which at any time shall be listed as "hazardous" or "toxic" or in the regulations implementing the page 61 Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq. as now or hereafter amended, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq. as now or hereafter amended, the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., the Clean Water Act (33 U.S.C. § 1317 et seq.), as now or hereafter amended; the Clean Air Act (342 U.S.C. § 7412 et seq.), as now or hereafter amended; the Toxic Substances Control Act (15 U.S.C. § 2606 et seq.), as now or hereafter amended; the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), as now or hereafter amended; the Minnesota Environmental Response and Liability Act (Minn. Stat. § 115B et. seq.) ("MERLA"), as now and hereafter amended, including, without limitation, any pollutant or contaminant as such terms are defined within MERLA or which has been or shall be determined at any time by any agency or court be a hazardous or toxic substance regulated under Environmental Law, as defined herein. The term "Hazardous Substance" shall also include, without limitation, asbestos, asbestos -containing building material, raw materials, building components, the products of any manufacturing or other activities on the subject Property, wastes, petroleum, and source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 3011, et seq.) as now or hereafter amended. "Infrastructure Improvements" has the meaning given to it in Section 3.1. "MnDOT" means the Minnesota Department of Transportation. "Mortgage" means any mortgage of record now or hereafter placed against the Project. "MPGA" means the Minnesota Pollution Control Agency. "Plat" means that certain plat of the Development Property. "Public Road" means that certain public street as represented, drawn and described on the Final Plans. "Residential Units" means those 60 twin -home units to be constructed in accordance with the Final Plans. "Sale" means the conveyance of title of a Residential Unit by the Developer to a third party that is not an affiliate of Developer. For purposes hereof an affiliate means an Affiliate as defined in Section 6.2 as well as any other person or entity controlling, controlled by or under common control with Developer. "Title Company" means Dakota County Abstract. "Unavoidable Delays" means unexpected delays which are the direct result of: (i) adverse weather conditions, (ii) shortages of materials, (iii) strikes, other labor troubles, (iv) fire or other casualty to the Infrastructure Improvements, (v) litigation commenced by third parties which, by injunction or other judicial action, directly results in delays, (vi) acts or failure to act of any federal or state governmental unit, including legislative and administrative acts, (vii) approved changes to the Final Plans, that result in delays and (vii) any other cause or force maj eure beyond the control of the Developer and/or the City which directly results in delays. page 62 SECTION II Representations and Warranties Section 2.1. Representations by the City. The City represents, warrants, and covenants to the following: (a) The City is a statutory city duly organized and existing under the laws of the State of Minnesota. The City is authorized and has the requisite power to enter into this Agreement and perform its obligations hereunder. (b) The City shall use reasonable efforts to cooperate and work with the Developer in connection with (i) applications, agreements, amendments and approvals relating to, among other things, zoning, site plan, planned developments, subdivision, protective covenants, utility and other development matters to permit the development of the Development Property in accordance with this Agreement and the Final Plans, (ii) any requirements of local, state or federal governments or agencies thereof relating to the development of the Project, (iii) coordinating the sequencing, commencement and completion of the Infrastructure Improvements. (c) The Developer shall be entitled to a credit to off -set its Park Dedication Fees, as defined in the City's ordinances for its actual, out of pocket costs incurred for grading necessary to construct trail beds and trail paving as proposed between the Development Property and Augusta Shores pursuant to the Final Plans, including necessary, import, grading, replacement of fill, and restoration of disturbed areas. The Park Dedication Fee applicable to each Residential Unit within the Project shall be payable at the time of filing the plat. Such credit to the Park Dedication Fee shall not exceed $25,000.00. Section 2.2. Representations, Covenants and Warranties by the Developer. The Developer represents, warrants, and covenants to the following: (a) The Developer is a duly and legally formed Maryland corporation, and is not in violation of any the laws of the local state or federal government, and has all necessary power and authority to enter into this Agreement and to carry out its obligations hereunder. (b) Upon acquisition of the Development Property, any Infrastructure Improvement constructed by the Developer will be constructed, operated and maintained (to the extent retained by it) in accordance with the terms of this Agreement, the Final Plans and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code, energy conservation, and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer in the Development Property may be or will be in violation of any Environmental Law. The Developer has no page 63 knowledge of any facts the existence of which would cause it or any of its projects to be in violation of any Environmental Law, or which would give any person a valid claim under any such Environmental Laws. (d) The Developer shall use its reasonable efforts to pursue and obtain, in a diligent and timely manner, all required permits, licenses and approvals, and will seek to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Infrastructure Improvements may be lawfully constructed. (e) Neither the execution, nor the delivery of this Agreement by the Developer, nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, materially limited by, or materially conflicts with or results in a material breach of the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) The Developer shall cooperate and use its reasonable efforts with the City, in a reasonable, timely and diligent manner, in connection with (i) applications, agreements, amendments and approvals relating to, among other things, zoning, site plan, planned developments, subdivision, protective covenants, utility installation, submittal for approval of Final Plans and other development matters to permit the development of the Development Property in accordance with this Agreement and the Final Plans, (ii) any requirements of local, state or federal governments or agencies thereof relating to the development of the Project, and (iii) coordinating the sequencing, commencement and completion of the Infrastructure Improvements. SECTION III Land Development Section 3.1. Final Plans. The Final Plans shall include or provide for at a minimum, specifications for the following, which collectively upon approval as provided for in Section 3.3 shall be known as the "Infrastructure Improvements": (a) Grading and compacting of the Development Property as necessary for the installation of Infrastructure Improvements set forth herein and as shown on a specific Grading Plan for the Property (the "Grading Plan"); (b) Installation of the Public Road, in compliance with all City requirements; plus all of the following when located within the Public Road and LeMay Lake Road: curbs, gutters, pavement, sidewalks, trails, fire hydrants, and related fire safety items meeting the requirements of a fire marshal named by the City (the "Fire page 64 Marshal"), public street signs, non-mechanical traffic controls, street lights, landscaping, trees, ground cover or plantings; (c) Installation of necessary utilities within the Public Road including without limitation: 1) electric, 2) telephone, 3) natural gas, 4) water, 5) sanitary sewer, 6) cable, and 7) storm sewer; drainage culverts at the access points between the Public Road and LeMay Lake Road; (d) Any necessary grading, stormwater management improvements, and/or trail paving for the public trail between the Development Property and Augusta Shores within a dedicated Trail Easement, to be legally described, depicted, and recorded upon completion of construction, and for the Emergency Access/Egress on Lots 36 and 37, which easements shall be dedicated pursuant to the Emergency Access/Egress Easement Agreement attached hereto as Exhibit C; (collectively, all of these items in this paragraphs (a) - (d) shall be defined as the "Public Infrastructure Improvements"); (e) All Public Infrastructure Improvements shall be shown on the Infrastructure Plans (the "Infrastructure Plans") which shall be made part of the Final Plans; (f) All landscaping and erosion control measures necessary for the Project and as shown on a separate Landscape Plan, a separate Erosion Control Plan (the "Erosion Control Plan") and a Storm Water Pollution Prevention Plan (the "SWPPP"); (g) St. Paul Regional Water Services. Installation of sanitary sewers, municipal storm sewers, and water mains in accordance with the Final Plans, shall conform with City of St. Paul Regional Water Services ("RWS") specifications; and (h) Sanitary Sewer and Water Easements. Easements shall be dedicated to the City and/or right-of-ways, as shown on the Preliminary and Final Plat, for all sanitary sewer and water utilities. Section 3.2. Developer Requirements. The Developer shall be financially responsible for the completion of the Infrastructure Improvements in compliance with the Final Plans. Additionally, the Developer shall be solely responsible for completion of the following: (a) Demolition. Demolition and removal of all existing structures, foundations, un - useable utilities and un -useable roadways; (b) Access during Development. During the period from commencement of construction of any Residential Unit until the final Sale of all of the Residential Units by the Developer, Developer shall install and maintain, an access road serving each Residential Unit under construction that satisfies the following requirements: all-weather gravel base, with gravel or pavement surface that accommodates City inspection vehicles and emergency vehicles; such access road shall constitute a loop, which may utilize a reasonable combination of portions of the Public Road, the Private Streets and the paved drives currently existing on the page 65 Property, and which loop may be reconfigured from time to time as phases advance but shall be accessible to City emergency vehicles at all times; Developer shall provide reasonable and customary snowplowing of such access road; and such road shall be no more than 200 feet from each the Residential Unit under construction; (c) Erosion Control. Prior to initiating any site Infrastructure Improvements or site grading, the erosion control measures depicted on the Final Plans, the Erosion Control Plan, and the SWPPP shall be implemented by the Developer and inspected and approved in writing by the City. The City may, in its sole discretion, impose at no cost to the City, reasonable, additional erosion control requirements on the Developer if the City determines that such additional measures are necessary to meet the erosion control requirements as described in the Final Plans. All areas disturbed by grading shall be reasonable reseeded in a timely fashion to meet the erosion control requirements as described in the Final Plans. All seeded areas shall be mulched, and disc anchored as necessary for seed retention. If the Developer does not comply with the Erosion Control Plan and the SWPPP and schedule or supplementary conditions imposed by the City, the City may take such reasonable action as is necessary to control erosion. The City will notify the Developer in advance of any proposed action. The Developer shall be solely responsible for any costs properly incurred by the City for erosion control measures. If the Developer does not reimburse the City for any cost the City properly incurred for such work within thirty (30) days, the City shall be allowed to recover its cost by execution on the Irrevocable Letter of Credit as described in Section 3.3. No development, Infrastructure Improvement or paving construction will be allowed unless the Project is in compliance with the erosion control requirements; (d) Storm Sewer Maintenance. Developer shall be responsible for maintenance of the storm water ponds shown on the Final Plans during the construction of the Project. Developer shall provide City with an inspection report and as -built grading plan verifying the ponds are constructed and operating in accordance with the Final Plans. Subsequent maintenance, as well as inspection and maintenance reports for the ponds, as required by any federal, state or local governmental entity shall be provided to the City at no cost to the City on a yearly basis by either the Developer or the owners association described in Section 3.19 herein below; (e) Easement Dedications. The Final Plat recorded in Dakota County for the Project shall include, at no cost to the City, any and all required utility, drainage, public and access easements as identified on the Preliminary and Final Plat and within this Agreement; (f) Plantings in Easement Areas. Any plantings or landscaping in the drainage easements shall be as provided in the Final Plans and the Landscape Plan and require a license agreement with the City; and page 66 (g) Utility Locations. Delivery of an As -Built survey of all utilities that fall with the right-of-way to the City based on the Dakota County coordinate system and within two (2) feet of the horizontal, including: (i) Top nut of hydrants, catch -basin and manhole rims and inverts, (ii) Sanitary sewers at the wye, property line and where it enters the Residential Unit or other structure, (iii) Water services at the corporation stop, curb box and where it enters the Residential Unit or other structure, (iv) Flared end sections, and (v) Drain tile within the right-of-way. (vi) Any other information or utility work necessary, as determined by the Minnesota Office of Pipeline Safety, necessary for the City to conform to the requirements of Minn. Rule 7560. (h) ajML The costs of installation of street identification sign and non-mechanical and non -electrical traffic control signs ("Signs") shall be the responsibility of the Developer. Streets signs shall be in conformance with the names as indicated on the plat of record. The actual number, style and location of signs to be installed shall be in accordance with the Final Plans. One extra copy of the Signs shall be prepared and delivered to the City by the Developer at Developer's sole cost and expense prior to delivery of the Deed as discussed below. (i) Street Lights. Street light installation shall be in accordance with the City's Street Light Policy and shall be at of the sole cost of the Developer. The maintenance and operating costs of the street lights shall be the responsibility of the Owners Association and shall be addressed in the Association Documents. (j) Conservation Easement. The Developer will file the approved Conservation Easement (Exhibit D) with the plat. (k) Park Dedication. The Developer shall dedicate to the public an amount of cash as determined by the provisions of City Code Section 11-5-1. The fee shall be paid prior to the City signing the final plat. This Development Contract requires the Developer to pay a Park Dedication Fee of $162,000.00 prior to the City signing the final plat. The amount was calculated as follows: 60 units at $2,700.00 per unit. (1) Resurrection Cemetery. The Developer will obtain a commitment from the owner of Resurrection Cemetery to record the emergency access/egress, as in Exhibit C, and a conservation easement in form and substance similar to that attached as Exhibit D, against certain property retained for use by Resurrection Cemetery and backing up to Lots 25-28 of the Final Plat for LeMay Shores. Such easement will page 67 ensure no alteration or disturbance of the land area directly east of Lots 25-28, as depicted on Exhibit A. The Developer will also obtain a commitment from the owner of Resurrection Cemetery to establish a vegetative cover on the protected area and post the boundary of such area to ensure permanent conservation within the protected area retained for the cemetery's use. Section 3.3. Irrevocable Letter of Credit. To guarantee compliance with the terms of this Agreement, payment of the construction of the Work, and City Expenses as defined above, the Developer shall furnish the City with an Irrevocable Letter of Credit in the amount equal to 125% of the cost of the Work. The Irrevocable Letter of Credit shall be in the form attached hereto as Exhibit E from a bank. The amount of the Irrevocable Letter of Credit shall be as determined by the Engineers Estimate provided by the Civil Engineer and attached hereto as Exhibit F and may be amended by the City Engineer at the time the project proceeds. The amount of the Irrevocable Letter of Credit is $1,812,988.25. The bank on which the Irrevocable Letter of Credit proposed and subject to review is drawn shall be subject to the approval of the City. The bank shall be authorized to do business in the State of Minnesota with a principal branch located within the seven county Twin City Metropolitan area. The Irrevocable Letter of Credit shall be automatically renewable on an annual basis until completion of all requirements set forth in this Agreement. (a) The Irrevocable Letter of Credit may be reduced when financial obligations to the City have been satisfied. The Developer agrees to reimburse the City for the construction of the Work within thirty (30) days of a request from the City. If such payments are not received by the City within thirty (30) days, the City shall draw down the Irrevocable Letter of Credit in the amount of said payment. The Irrevocable Letter of Credit may be reduced by 75% of the financial obligations that have been satisfied upon written authorization by the Public Works Director. Twenty-five percent (25%) of the Security shall be retained until all financial obligations to the City have been completed. Section 3.4. No Warranty. Approval of the Final Plans, any portion thereof or any changes thereto by the City is not intended, nor shall it be construed to be a warranty or representation by the City as to: (i) the compliance of the Project with any federal, state, or local statutes, regulations, or ordinances; (ii) the structural soundness of the proposed Project; (iii) quality of materials; (iv) workmanship; or (v) the fitness of the Infrastructure Improvements for their proposed use. (a) The Developer shall submit to the City Engineer for approval any changes in the Final Plans. The City shall approve changes in the Final Plans in writing if, in the reasonable judgment of the City the changed Final Plans: (i) conform to the terms and conditions of the Agreement; (ii) conform to the specifications established by the City or City Engineer; (iii) conform to all applicable local law, ordinances, rules and regulations; and (iv) the construction sequencing is such that the City will be able to comply with its obligations set forth herein. No approval by the City of changes to the Final Plans shall relieve the Developer of the obligation to comply with the terms of this Agreement. Any rejection of any change requested shall set forth the reasons therefore. page 68 (b) For any changes in the Infrastructure Improvements, such changes Infrastructure Improvements affected by such change shall not be constructed until the City has issued a written approval of any such requested change to the Final Plans. (c) The City may choose to waive this procedure in the future as to any change, however, no such waiver shall be construed as a waiver of the City's rights pursuant to this Agreement or this section with respect to further changes subsequent to any such waiver. Section 3.5. City Expenses. Developer agrees to reimburse the City for reasonable costs, fees, charges or expenses of the City, related to legal costs, planning, engineering services, including without limitation inspection, surveying, supervision and administration costs and fees, (collectively, "City Expenses") within thirty (30) days of a receipt of a detailed invoice from the City. If such payments are not received by the City within thirty (30) days, all approvals of the City and the City Engineer detailed in the Agreement shall be suspended and have no effect until such time as Developer has paid the City for all City Expenses in full. Such lack of payment shall also constitute an Event of Default as described in Section VII. (a) For purposes of this Agreement and Section 3.14, "City Expenses" shall not mean: fees or charges for services by RWS, and fees or charges for work provided by any other governmental entity for any work, services, or materials provided for any purpose related to the Project or the Development Property; building permit fees; Sewer Access Charges ("SAC"); Water Access Charges ("WAC"); park dedication fees; MnDOT fees and costs; MnDNR fees and costs; Metropolitan Council Fees and costs; street assessment charges; and any other fee, costs or expense necessary for completion of the Project (collectively these shall be referred to herein as "Other Expenses"). Developer agrees to promptly pay all Other Expenses to the respective entity requesting payment. Additionally, prior to initiation of any of the Public Infrastructure Improvements, Developer agrees to provide any escrow deposits necessary from any utility provider charged either to the Developer or the City. Section 3.6. Warranty. The Developer warrants all Developer Installed improvements required to be constructed by it pursuant to this Development Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period on Developer Installed Improvements shall commence on the date the City Engineer issues written acceptance of the improvement. The Developer shall post warranty bonds as security. The City shall retain twenty-five (25%) of the Security posted by the Developer until the City Engineer accepts the Developer Installed Improvements and the warranty bonds are furnished to the City. All punch list items must be completed and "as -built" drawings received prior to the commencement of the warranty period. The retained Security may be used by the City to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. These standards are set out in the Public Works Design Manual. page 69 Section 3.7. Contractors Meeting. The Developer agrees to hold a pre -construction meeting(s), including the Developer, its engineers and contractors, the City Engineer and other City staff, Dakota County, MnDOT, RWS representatives and representatives from all other private utility providers prior to the initiation of the Infrastructure Improvements. Section 3.8. Quality of Work. The Developer agrees that all the Infrastructure Improvements, including all labor, materials and supplies, shall be done and performed in a good and workmanlike manner and in conformance with the Final Plans as approved by the City, City Engineer and on file with the City Clerk. Section 3.9. Engineering and Location Services for Public Infrastructure Improvements. The Developer shall furnish all engineering services for the Infrastructure Improvements, including: (a) Preparation of complete plans and specifications by a professional engineer; (b) Geotechnical testing for design and during construction; (c) Determination, by a professional excavator or land surveyor, of the precise location of underground utility facilities, without damage, prior to excavating within two feet on either side of the marked location of said facilities; (d) Unless the City Engineer makes a written determination that technology is not currently available, installation of a locating wire that effectively marks the location of each nonconductive underground facility installed after December 31, 2005 within a public right-of-way; Section 3.10. Staking and Inspection. It is further agreed that the Developer shall provide any staking or surveying services as required by the City Engineer. The Developer agrees to reimburse the City, within thirty (30) days of a written request, for the cost for the City to provide full-time resident inspection for the Infrastructure Improvements in order to assure that the completed Infrastructure Improvements conform to the Final Plans (the "City Inspector"). The City and RWS will provide for general and final inspection and shall be notified of all tests to be performed. The Developer shall use reasonable efforts to coordinate its inspector, the City Inspector and RWS inspectors inspections at various times to check the condition of water stop boxes and other utility extensions. (a) Access to Units during Construction. Neither the City, nor RWS shall be required to provide any inspection services to any Residential Unit under construction by the Developer, unless and until, the Developer has provided access in accordance with Section 3.2(b). Section 3.11. Emergency Access. At times prior to Sale of all of the Residential Units, Developer shall provide access in accordance with Section 3.2(b). Section 3.12. Building Permits. No building permits shall be issued by the City, unless and until the requirements of Sections 3.10(a) and 3.11 have been completed by the Developer to the reasonable satisfaction of the City. page 70 Section 3.13. Occupancy. No Certificate of Occupancy (as required by City Ordinance) for any Residential Unit shall be issued by the City, unless and until, all Infrastructure Improvements serving such Residential Unit have been completed to the reasonable satisfaction of the City and so long as no Event of Default, as defined herein, remains uncured by the Developer. Section 3.14. Final Inspection. Upon completion of all Infrastructure Improvements except the Final Paving Lift (defined below) and written notice from the Developer to the City Engineer, the City Engineer or a designated representative, a representative of the Developer, its contractor, and its engineer will make a final inspection of the Infrastructure Improvements. Before final payment is made to any contractor responsible for the Infrastructure Improvements by the Developer, the City Engineer shall give Developer written notice that the City Engineer is satisfied that all Infrastructure Improvements except the Final Paving Lift were satisfactorily completed in accordance with approved Final Plans, as indicated in writing by the City Engineer and the Developer shall submit to the City a written statement attesting to same along with a certificate, attested to by a Registered Land Surveyor, that all property corners and survey control points have been properly installed. Upon completion of the Infrastructure Improvements except the Final Paving Lift, the Developer shall cause to be provided to the City Engineer an electronic copy of the Final Plans and the As Built Survey as described in Section 3.2.g, both in a form acceptable to the City Engineer. Such electronic copies of Final Plans shall include survey control points. These electronic Final Plans shall also include the locations, elevations and ties to all sanitary sewer and water main services. Developer shall remain obligated at its expense to complete the Final Paving Lift by not later than October 31, 2015, or as agreed with the City Engineer. The "Final Paving Lift" means the final paving lift to the Public Road as specified in the Final Plans. Section 3.15. City's Right to Complete Work. Developer is not required by this Agreement to commence any Infrastructure Improvements, and Developer may suspend or terminate its work at any time; provided that all Infrastructure Improvements that have been commenced shall be completed in a manner complying with applicable legal requirements and provided further that upon final inspection Developer shall be required to complete the Final Paving Lift in accordance with Section 3.14. If the Developer fails to diligently prosecute in a timely manner completion of any Public Infrastructure Improvements that have been commenced, in compliance with and pursuant to the Final Plans and fails to resume diligent prosecution within ten (10) days after receipt of notice of failure to diligently prosecute from the City, the City shall be free to exercise its option to complete any of the Public Infrastructure Improvements required of the Developer under a City contract. The Developer agrees to be and shall be financially responsible for payment to the City for correction of the non -conforming work within thirty (30) days of formal billing by the City. If City has not been paid within 30 days of billing for this work, City may obtain reimbursement through execution of the Letter of Credit described in Section 3.16 herein below. Section 3.16. Conveyance to the City_. Following acceptance of the Public Infrastructure Improvements by the City and City Engineer as described in Section 3.14, Developer shall convey all Public Infrastructure Improvements to the City by way of a quitclaim deed of conveyance (the "Deed"). Such Deed shall be approved as to form by the City Attorney prior to being executed by the Developer in favor of the City. Upon dedication of sanitary sewer and page 71 water utility easements pursuant to Section 3.1(h), the sanitary sewer and water infrastructure within such easements shall be maintained by the applicable public utility Section 3.17. Maintenance Prior to Convey. Until acceptance by the City of the Public Infrastructure Improvements as described in Section 3.14, the Developer shall be solely responsible for all maintenance and repair of the Public Infrastructure Improvements. The City shall be responsible for all maintenance and repair after acceptance of the Public Infrastructure Improvements provided that Developer shall remain obligated to complete the Final Paving Lift. Prior to conveyance of the Public Infrastructure Improvements to the City, the Developer shall cause warning signs to be placed on and around such streets and other improvement whenever any dangerous or hazardous condition exists on the Development Property, as necessary, to prevent public travel on and over such property and shall establish any necessary detour routes. If and when streets become impassable, such streets shall be barricaded and closed. Streets within the Public Infrastructure Improvement may not be closed without the written approval of the City Engineer. The Developer shall be responsible for keeping paved streets within the Development Property swept clean of dirt and debris that may spill or wash onto the street from this operation and shall conduct any additional sweeping as reasonably requested by the City at no cost to the City. The Developer shall keep all the paved streets and access roads within the Development open during the winter months by plowing snow from said streets prior to final acceptance of said streets by the City. Section 3.18. Airport Noise Impacts. Any new structures in this project will not be eligible for future noise mitigation under the Federal Aviation Administration Part 150 noise program for MSP, or any MSP remedial mitigation programs. A statement to that effect must be filed against the deed for each property. The Developer shall comply with the following items: (a) Sales/marketing materials presented to prospective buyers must include notification of aircraft noise impact. (b) An aircraft noise impact notice must be filed against the deed in conjunction with each closing agreement. (c) Residential twin home structures should be constructed according to the Lemay Shores Aircraft Noise Assessment performed by David Braslau Associates, Inc. dated August XX, 2014. Section 3.19. Formation of Owners Association. The Developer shall cause to be created on the Development Property a common interest community ("CIC") under Minnesota Statutes Chapter 515B (the "Statute"). The Developer shall cause the documents necessary to create the CIC to be recorded in the appropriate county recording office, subject to prior approval by the City and City Attorney. The declaration creating the CIC shall set forth the respective rights and obligations of the owners association and the owners of the Residential Units with respect to (i) the use and maintenance of the Development Property, (ii) the allocation of maintenance and operational expenses, including but not limited to the maintenance of the Private Infrastructure Improvements, (iii) the remedies for failure to comply with the maintenance and use requirements, (iv) easements enabling the use, enjoyment and maintenance of the Development Property, and (v) such other terms as the Developer deems appropriate. The page 72 declaration shall require that the Development Property be maintained in compliance with City requirements and in a first-class manner. The Residential Units may be constructed and sold in "phases," as authorized by the Statute and otherwise in compliance with the terms of this Agreement. At various stages of Project those parts of the Development Property upon which completed dwellings are located will be part of the CIC, while other parts of the Development Property will be under construction and will not be part of the CIC. The Developer shall be responsible for the maintenance of those parts of the Development Property which are not part of the CIC, and the owners association shall be responsible for the maintenance of those parts of the Development Property which are part of the CIC. Section 3.20. Approval of Association Documents. The declaration creating the CIC shall not be recorded against the Development Property without first obtaining approval of the declaration by the City and the City Attorney. The declaration, in the form delivered to prospective buyers of the Residential Units, shall be delivered to the City Attorney for review and approval on a timetable coordinated with the time of delivery to prospective buyers of Residential Units, and in no event later than thirty (30) days prior to the date of Sale of the first Residential Unit. The City Attorney shall not unreasonably withhold or delay approval. SECTION IV Construction Section 4.1. Construction of Infrastructure Improvements. The Developer shall construct or cause to be constructed the Public Infrastructure Improvements in accordance with the approved Final Plans. Subject to the agreements by the City herein applicable to maintenance of the Public Infrastructure Improvements, at all times during the term of this Agreement, Developer shall maintain, preserve and keep the Public Infrastructure Improvements or cause the Public Infrastructure Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof in good condition and repair. Section 4.2. Commencement and Completion of Infrastructure Improvements. (a) Until construction of the Infrastructure Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Developer with respect to such construction. (b) During construction of the Project, no contractor or subcontractor traffic may use any of the municipal streets of the City, unless included on the haul route plan approved in writing by the City Engineer. Section 4.3. Temporary Signage. The Developer shall be permitted to construct temporary signs within the Development Property for the purpose acknowledging the parties of interest with respect to the Project, identifying the Project and for such other purposes as Developer reasonably determines. In all cases such temporary sign(s) shall comply with City ordinances regarding signage. page 73 SECTION V Indemnification, Release and Insurance Section 5.1 Indemnity. The Developer, the Developer's contractors or subcontractors, material men, laborers, releases and waives any claims of liability or responsibility in any way against the City, the City of Mendota Heights City Council and its agents or employees, arising out of the performance and completion of the Project provided herein, except for (i) breach by the City of its obligations hereunder and (ii) gross negligence or intentional misconduct of the City. Additionally, the Developer will indemnify and hold the City harmless from all such claims, demands, damages, actions or causes of actions or the cost of disbursement, and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services rendered in connection with defending such claims as may be brought against the City. Section 5.2 Release and Waiver. The Developer agrees to rely entirely upon its own property insurance for coverage with respect to any damage, loss or injury to the property interests of the Developer in the Project or interests which may be exposed to damage, loss or injury in connection therewith. The Developer hereby releases the City, its officers, employees, agents, and others acting on its behalf from all liability or responsibility to the Developer, and to anyone claiming through or under the Developer, by way of subrogation or otherwise, for any loss of or damage to the Developer's business or property caused by fire or other peril or event to the extent that such fire or other peril or event was covered by any type of real or personal property insurance, including any indirect property insurance (such as business interruption coverage) in effect on the date of the loss, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of the City or other party who is to be released by the terms hereof, or by anyone for whom such party may be responsible. Section 5.3 Insurance. Except as is specifically provided to the contrary in the following provisions of this Section, the Developer agrees to provide and maintain at all times the insurance coverage set forth in this Section 5.3, and to otherwise comply with the provisions that follow. (a) Builders' Risk. Builders' Risk Insurance, written on a Completed Value coverage form (non -reporting), in an amount equal to one hundred percent (100%) of the insurable value of the Infrastructure Improvements at the date of completion. Such coverage shall become effective concurrent with the beginning of the process of construction, and shall continue until replaced by the permanent all risk Property Insurance described below. Coverage shall be provided on an "all risk" basis. (b) Workers' Compensation. Workers' Compensation insurance in compliance with all applicable statutes. Such policy shall include Employer's Liability coverage in at least such amount(s) as are page 74 customarily provided in workers' compensation policies issued in Minnesota. (c) General Liability. Occurrence -Based Commercial General Liability insurance, providing coverage on an "occurrence", rather than on a "claims made" basis, which policy shall include coverage for the Completed Operations Hazard, and which shall also include a Broad Form General Liability Endorsement GL 0404 (Insurance Services Office form designation), or an equivalent form (or forms), so long as such equivalent form (or forms) affords coverage which is in all material respects at least as broad. The Developer agrees to maintain total liability policy limits of at least $2,000,000, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limits may be satisfied by the limits afforded under its Occurrence -Based Commercial General Liability Policy (which Policy is to include the Broad Form Endorsement coverage specified above), or by such Policy in combination with the limits afforded by an Umbrella Liability Policy (or policies); provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying Occurrence -Based Commercial General Liability Policy (including Broad Form coverage). Such Occurrence -Based Commercial General Liability Policy and Umbrella Liability Policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the date of the Developer's possession of the Development Property, been reduced to less than the total required limits stated above, and further, that the Umbrella Liability Policy provides coverage from the point that such aggregate limits in the underlying Occurrence -Based Commercial General Liability Policy become reduced or exhausted. An Umbrella Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible amount, shall be acceptable in this regard so long as such deductible amount does not cause the Developer's total deductible for each occurrence to exceed the amount shown in the provision immediately below. All such policies described in this section shall also name the City as additional insured and permit waiver of claims in favor of the City. (d) Property Insurance. All risk property insurance in an amount not less than the full insurable replacement value of the Infrastructure Improvements. The term "full insurable replacement value" shall mean the actual replacement cost of the Infrastructure Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, page 75 drains, and other items customarily omitted from replacement cost valuation for insurance purposes), without deduction for depreciation. (e) Insurers. All policies of insurance required under this Agreement shall be maintained with financially sound and reputable insurers licensed to do business in the State of Minnesota and as reasonably acceptable to the City. All policies of insurance required under this Agreement shall be in form and content, and in all other respects reasonably satisfactory to the City. Section 5.4. Non -Imputation. All covenants, stipulations, promises, agreements and obligations of the City or the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City or the City in their individual capacity. CF.CTinN Vi Prohibitions Against Assignment and Transfer Section 6.1 Representation as to Development. The Developer recognizes that, in light of (a) the importance of the Project to the general welfare of the community; and (b) the fact that any act or transaction involving or resulting in a change in the identity of the parties in control of the Developer or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Developer, the qualifications and identity of the Developer are of particular concern to the community and the City. The Developer further recognizes that it is because of such qualifications and identity that the City is entering into the Agreement with the Developer. Section 6.2. Prohibition Against Transfer and Assignment. (a) Developer represents and agrees that, prior to the completion of all Infrastructure Improvements, unless the Developer shall have received the prior written approval of the City, which shall not be unreasonably withheld, there shall be no transfer of or change in the ownership of the Developer, nor shall there be any other change in the identity of the parties in control of the Developer or the degree thereof, by any other method or means. Notwithstanding the foregoing, there shall be no limitation upon any involuntary transfer of an ownership interest resulting from the death or disability of any owner or a transfer to an Affiliate of Developer. "Affiliate" includes Hoffman Homes, Inc., or the parent, subsidiary or affiliate of any of them, or a partnership, limited liability company, corporation or other entity comprised of all or some of the above. (b) Developer agrees that prior to the Sale of any Residential Unit, and except only by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer to perform its obligations with respect to constructing the Infrastructure Improvements under this page 76 Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, encumbrance, or lease, or any trust or power, or transfer in any other mode or form (collectively referred to as a "transfer") of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, except purchase agreements for Residential Units, without the prior written consent of the City, which shall not be unreasonably withheld. (c) For any transfers the City shall be entitled to require the following conditions in its written consent to transfer: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken pursuant to this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in a form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly agreed to and assumed all of the obligations of the Developer under this Agreement as to all or the portion of the Development Property to be transferred. No transfer of, or change with respect to, the ownership of the Development Property or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate to deprive or limit the City with respect to any rights, remedies, or controls provided in or resulting from this Agreement except as provided in Section 6.3 below. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property shall be in a form reasonably satisfactory to the City. Section 6.3 Construction Lender. (a) Subordination. In order to facilitate Developer's obtaining of funds (the "Construction Loan") necessary for construction of the Project, the City agrees that it will enter into an agreement of subordination, in the form reasonably requested by Developer's construction lender ("Lender") and reasonably protective of the City's interests as contained in this Agreement, of the City's interest in the Development Property, or relevant portion thereof to which the lien or title of such lender relates, under this Agreement to the interests of the Lender. page 77 (b) Copy of Notice of Default to Lender. If the City delivers any notice or demand to the Developer with respect to any Event of Default under this Agreement, the City will also deliver a copy of such notice or demand to the Lender at Lender's address provided to the City in a written notice from the Developer or the Lender. (c) Lender's Option to Cure Events of Default. Upon the occurrence of an Event of Default, the Lender will have the right (insofar as the rights of the City are concerned), at its option, to cure or remedy such Event of Default. (d) Collateral Assignment to Lender. Notwithstanding anything to the contrary in Section 6.2, City consents to a collateral assignment of this Agreement to Lender, and such Lender shall not be required to assume the obligations of this Agreement. SECTION VII Events of Default Section 7.1. Defined. The term "Event of Default" shall mean any failure by the Developer or the City to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement Section 7.2. Remedies. Whenever any party becomes aware of the occurrence of an Event of Default, the non -defaulting party may, after providing twenty (20) days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said twenty (20) days or, if the Event of Default is by its nature incurable within twenty days and the defaulting party does not provide assurances reasonably satisfactory to the non -defaulting party that the Event of Default will be cured as soon as reasonably possible, take whatever other action permitted by law, including legal, equitable or administrative action, which may appear necessary or desirable to cure any such Event of Default or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any remedy or power accruing upon any Event of Default shall impair any such remedy or power or shall be construed to be a waiver thereof. Any such remedy and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle either party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Section IX. Section 7.4. No Additional Waiver Implied by One Waiver. In the event any Event of Default is waived by the non -defaulting party, such waiver shall be limited to the particular page 78 Event of Default so waived and shall not be deemed to waive any other concurrent, previous or subsequent Event of Default hereunder. SECTION VIII Expiration on Termination of Agreement Section 8.1 Automatic Expiration. This Agreement shall automatically expire upon (a) Completion of the Infrastructure Improvements in accordance with the Final Plans; and (b) Conveyance of the Public Infrastructure Improvements by the Developer to the City by the Deed; and (c) In the case of any Residential Unit sold to a third party that is not an affiliate of Developer, such Residential Unit shall be automatically released from this Agreement upon such Sale so long as a final Certificate of Occupancy for such Residential Unit has been issued by the City. (d) This agreement is contingent upon Developer acquiring the Development Property and if Developer shall fail to acquire the Development Property by December 31, 2014, this Agreement shall automatically terminate. Section 8.2. Option to Terminate. Except as otherwise provided herein, the City or Developer may terminate this Agreement if there occurs an Event of Default pursuant to Section VII of this Agreement that is not cured within the applicable cure period. Section 8.3. Effect of Termination. Following the termination or expiration of this Agreement, the Agreement shall be null and void and of no effect. Section 8.4. Evidence of Termination. If requested by the Developer, the City will provide the Developer with a certification recordable among the land records certifying that the Agreement has been terminated or has expired and, if true, that the Developer was not in default of its obligations hereunder at the time of such termination or expiration. CF,CTTnN Tx Additional Provisions Section 9.1. Conflicts of Interest; City Representatives Not Individually Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, page 79 partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 9.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, shall agree that during the construction of the Infrastructure Improvements it will comply with all affirmative action and non-discrimination requirements of applicable federal, state or local laws or regulations. Section 9.3. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property, all such provisions shall survive any deed transferred in such a closing and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 9.4. CityApprovals. The City's roles in connection with zoning, building code, and other governmental processes are independent of this Agreement, without limitation of the consequences thereof, the approvals given by the City pursuant to such governmental processes shall not be limited by any qualifications in this Agreement unless otherwise provided for in this Agreement. Section 9.5. Titles of Sections and Sections. Any titles of the several parts, Sections, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered upon receipt if personally delivered or three (3) days after dispatched by U.S. registered or certified mail, postage prepaid, return receipt requested; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 7599 Anagram Drive, Eden Prairie, MN 55344 Attention: Michael DeVoe; and (b) in the case of the City, is addressed to or delivered personally to the City at 1101 Victoria Curve, Mendota Heights, MN 55118, fax number 651- 452-8940 with a copy to Mr. Tom Lehmann, Eckberg, Lammers, Briggs, Wolff and Vierling, PLLP, 1809 Northwestern Avenue Stillwater, MN 55082, Fax number 651-439-2923 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 9.7. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. page 80 Section 9.8. Law Governing. This Agreement will be governed and construed in accordance with the laws of Minnesota. Section 9.9. Severability. If any provision of this Agreement is declared invalid, illegal or otherwise unenforceable, that provision shall be deemed to have been severed from this Agreement and the remainder of this Agreement shall otherwise remain in full force and effect. Section 9.10. Complete Agreement. This Agreement is the complete agreement between the parties hereto with respect to the matters addressed herein and shall, as of the Effective Date supersede all prior agreements related thereto, both oral and written. Section 9.11. Successors. This Agreement shall be binding upon the successors, heirs, and assigns of the Developer and the City. Section 9.12. Authority. Each of the undersigned parties warrants that it has full authority to execute this Agreement, and each individual signing this Agreement on behalf of a company hereby warrants that he or she has full authority to sign on behalf of the company that he or she represents and to bind such company thereby. Section 9.13. Recording. This Agreement shall be recorded against the Development Property. [Remainder of this page deliberately left blank] IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF MENDOTA HEIGHTS By: Its: Mayor Lo Its: Ci , Clerk page 81 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2014, by Sandra Krebsbach and , the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. Notary Public THE RYLAND GROUP, INC. an STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) Its: The foregoing instrument was acknowledged before me this day of , 2014, by , the of The Ryland Group, Inc.., a Maryland corporation, on behalf of such corporation. Notary Public page 82 EXHIBIT A LEGAL DESCRIPTION All of lots 29, 30, 31 and 35, all in AUDITOR'S SUBDIVISION NO. 34, MENDOTA according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Dakota County, Minnesota, And, That part of lots 37 and 38 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southerly, and easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLATS NO. 19-95 AND 19-96, according to the recorded plats thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, And: That part of lot 40 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT No. 19-96, and which lies southwesterly of the following described line: Beginning at the northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40 and said described line there terminating, And, That part of lots 32 and 33 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southwesterly of the following described line: Beginning at the northwest corner of said Lot 32, thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40 and said described line there terminating, And; Lot 39 of said AUDITOR'S SUBDIVISION NO. 32, MENDOTA, except one-half acre of said Lot Thirty-nine (39) conveyed to Golde Conoyor, by deed recorded in the Office of the Register of Deeds of Dakota County, Minnesota in Book "Z-2 of Deed, page 92". Except that part of said Lots 33 and 40 described as follows: Commencing at the northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40; thence North 40 degrees 19 minutes 49 seconds West along last course 180.17 feet to the point of beginning of said Exception; thence continuing North 40 degrees 19 minutes 49 seconds West 242.93 feet; thence South 49 degrees 40 minutes 11 seconds West 116.57 feet; thence South 25 degrees 43 minutes 58 seconds West 34.93 feet; thence South 03 degrees 59 minutes 54 South West 26.03 feet; thence South 22 degrees I 1 minutes 44 seconds East 102.84 feet; thence South 60 degrees 54 minutes 30 seconds East 35.66 feet; thence South 79 degrees 53 minutes 03 seconds East 96.57 feet to the intersection with a line drawn South 51 degrees 46 minutes 06 seconds West from the point of beginning; thence North 51 degrees 46 minutes 06 seconds East 124.75 feet to the point of beginning. page 83 EXHIBIT B FINAL PLANS Sheet Title Date C1.0 Cover Sheet 6/22/07 C2.0 Street Profile (Lake Shore Drive) 6/22/07 C2.1 Street Profile (Lake Shore Court) and (Lake Shore Drive) 6/22/07 C2.2 Street Profile (Lake Shore Drive) 6/22/07 C3.0 Sanitary Sewer, Water Main (Lake Shore Drive) 6/22/07 C3.1 Sanitary Sewer, Water Main (Lake Shore Drive) 6/22/07 C3.2 Sanitary Sewer, Water Main (Highway 55) and (Lake Shore Court) 6/22/07 C4.0 Storm Sewer (Lake Shore Drive) 6/22/07 C4.1 Storm Sewer (Lake Shore Drive) 6/22/07 C4.2 Storm Sewer (Lake Shore Drive) 6/22/07 C5.0 Standard Detail Plates 6/22/07 C-5 Landscape Plan 2/5/07 CG -1 Grading Plan 7/7/14 CG -11 Grading Plan 7/7/14 CG -1.2 Grading Plan 7/7/14 CE -1 Erosion Control Plan 7/7/14 CE -2 Erosion Control Plan 7/7/14 page 84 EXHIBIT C EMERGENCY ACCESS/EGRESS EASEMENT AGREEMENT THIS EMERGENCY ACCESS/EGRESSEASEMENT AGREEMENT (the "Agreement") made as of the day of , 2014, by and between., The Ryland Group, Inc., a Maryland corporation ("Grantor"), and the CITY OF MENDOTA HEIGHTS, a municipal corporation under the laws of the State of Minnesota (the "City"), as Grantee. RECITALS A. Grantor is owner in fee simple of land located within the City of Mendota Heights, Minnesota, which land (the "Property") is legally described on Exhibit C-1 attached hereto and made a part hereof, B. Grantor wishes to develop the Property; and C. As a condition of approval of Grantor's development of the Property, the City has required Grantor to grant to the City an easement on a portion of the Property for trail purposes. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. Grant of Easement; Uses and Purposes. Subject to the limitations and restrictions herein set forth, Grantor hereby grants and conveys to the City a nonexclusive perpetual easement (the "Emergency Access/Egress Easement") to a portion of the Property, legally described on Exhibit C-2 attached hereto, and depicted on Exhibit C-3 attached hereto and made a part hereof (the "Emergency Access/Egress Easement Area") for the purpose of emergency services vehicular travel. Grantor also grants a non-exclusive easement for access across the Property to the extent reasonably necessary for the installation, maintenance and repair of the Emergency Access/Egress Easement; provided that in using any portion of the Property outside the Emergency Access/Egress Emergency Access/Egress Easement Area Grantee shall repair any damage arising out of Grantee's access. Without limitation of the rights remaining to Grantor, Grantor reserves the right to cross the Emergency Access/Egress Easement Area with roads and drives. 2. Conditions of Easement Grant. The Emergency Access/Egress Easement granted in Section 1 shall be subject to the following conditions and reservations: a. Grantor, its successors and assigns shall not be liable to the City or anyone claiming by, through or under the City for any damage to the City or any other person from interruption, obstruction or damage to the Emergency Access/Egress Easement Area so long as any interruption by Grantor does not occur for longer than ten (10) days unless otherwise agreed to by the City and except during any period of construction or maintenance of the trail improvements. page 85 b. Grantor reserves all rights in, to, over, under and across the Emergency Access/Egress Easement Area that are not inconsistent with the Emergency Access/Egress Easement (including but not limited to access and the right to install utilities and driveway improvements in a manner not inconsistent with the Emergency Access/Egress Easement so long as the Emergency Access/Egress Easement is returned to substantially same condition as before the installation of such utilities or driveway improvements). c. Grantor shall complete the surfacing of a trail for non -motorized travel on the Emergency Access/Egress Easement Area. Upon completion of the surfacing of the Emergency Access/Egress the City shall maintain and repair, or cause to be maintained and repaired, in a good and safe condition, the Emergency Access/Egress Easement Area. The maintenance and repair of said Emergency Access/Egress shall be at the City's sole cost and expense, and Grantor, its successors and assigns shall not be assessed for the costs of such maintenance or repair nor for costs of construction. d. Grantee has the right of approval of all improvements within the Emergency Access/Egress Easement Area, and Grantor shall not construct any such improvements without the prior written consent of Grantee. Grantee has sole authority and responsibility for operation and maintenance of the Emergency Access/Egress Easement from and after completion by Grantor of the Emergency Access/Egress improvements including surfacing. Except for initial construction Grantor has no authority or responsibility for operation and maintenance of the Emergency Access/Egress Easement. e. City may, but shall not be obligated to, impose such reasonable rules, regulations and ordinances governing the maintenance, repair and use of the Emergency Access/Egress Easement as it deems appropriate and desirable; provided, that the City shall not unreasonably restrict the rights reserved by Grantor hereunder. f The City shall hold harmless Grantor from and against any and all claims, demands, losses, damages, cost and expenses (including but not limited to court costs, penalties and reasonably attorneys' fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Emergency Access/Egress Easement by the City, its agents, employees, licensees, and invitees (including, without limitation, members of the general public) or arising in any manner out of the acts or omissions of the City or its agents or employees in connection with the Emergency Access/Egress Easement The indemnity obligations set forth in this section shall survive any termination of this Agreement or the easement granted hereunder. 3. Right to Use the Trail Easement. City may delegate the right to use the Emergency Access/Egress Easement to its employees, contractors, invitees and the general public in accordance with such rules and regulations the City may from time to time adopt. 4. Miscellaneous. The covenants, conditions and restrictions of this Agreement for the Emergency Access/Egress Easement shall inure to the benefit of the City, its residents, its page 86 successors and assigns. The covenants, conditions and restrictions herein set forth shall run with the land and be binding on all persons claiming ownership thereunder. This Agreement shall be governed by the laws of Minnesota and may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 5. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE RYALND GROUP, INC. a Maryland corporation By: _ Name: Its: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledge before me this 2014, by , the Group, Inc., a Maryland corporation, on behalf of the corporation STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Notary Public day of , of The Ryland CITY OF MENDOTA HEIGHTS By: _ Name: Its: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of , 2014, by and , the page 87 and , respectively, of the City of Mendota Heights, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public page 88 EXHIBIT C-1 LEGAL DESCRIPTION OF THE PROPERTY All of lots 29, 30, 31 and 35, all in AUDITOR'S SUBDIVISION NO. 34, MENDOTA according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Dakota County, Minnesota, And, That part of lots 37 and 38 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southerly, and easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLATS NO. 19-95 AND 19-96, according to the recorded plats thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, And: That part of lot 40 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT No. 19-96, and which lies southwesterly of the following described line: Beginning at the northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40 and said described line there terminating, And, That part of lots 32 and 33 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southwesterly of the following described line: Beginning at the northwest corner of said Lot 32, thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40 and said described line there terminating, And; Lot 39 of said AUDITOR'S SUBDIVISION NO. 32, MENDOTA, except one-half acre of said Lot Thirty-nine (39) conveyed to Golde Conoyor, by deed recorded in the Office of the Register of Deeds of Dakota County, Minnesota in Book "Z-2 of Deed, page 92". Except that part of said Lots 33 and 40 described as follows: Commencing at the northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40; thence North 40 degrees 19 minutes 49 seconds West along last course 180.17 feet to the point of beginning of said Exception; thence continuing North 40 degrees 19 minutes 49 seconds West 242.93 feet; thence South 49 degrees 40 minutes 1 I seconds West 116.57 feet; thence South 25 degrees 43 minutes 58 seconds West 34.93 feet; thence South 03 degrees 59 minutes 54 South West 26.03 feet; thence South 22 degrees 11 minutes 44 seconds East 102.84 feet; thence South 60 degrees 54 minutes 30 seconds East 35.66 feet; thence South 79 degrees 53 minutes 03 seconds East 96.57 feet to the intersection with a line drawn South 51 degrees 46 minutes 06 seconds West from the point of beginning; thence North 51 degrees 46 minutes 06 seconds East 124.75 feet to the point of beginning. page 89 EXHIBIT C-2 EMERGENCY ACCESS/EGRESS EASEMENT A 25 foot wide strip over and across Lots 36 and 37, Block 1, LEMAY SHORES, Dakota County, Minnesota, the center line of said strip is described as follows: Beginning at the northwest corner of said Lot 36; thence North 58 degrees 04 minutes 14 seconds East, along the northwesterly line of said Lot 36, a distance of 82.04 feet; thence easterly 106.81 feet along a tangential curve to the right having a radius of 150.00 feet and a central angle of 40 degrees 47 minutes 48 seconds; thence northeasterly 96.61 feet along a tangential curve to the left having a radius of 78.69 feet and a central angle of 70 degrees 20 minutes 43 seconds; thence North 28 degrees 31 minutes 19 seconds East 58.22 feet to the northeasterly line of said Lot 36 and there terminating. page 90 EXHIBIT C-3 EMERGENCEY ACCESS/EGRESS EASEMENT MAP page 91 EXHIBIT D CONSERVATION EASEMENT DESCRIPTION THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") made as of the day of , 2014, by and between The Ryland Group, Inc., a Maryland corporation ("Grantor"), and the CITY OF MENDOTA HEIGHTS, a municipal corporation under the laws of the State of Minnesota (the "City"), as Grantee. RECITALS A. Grantor is owner in fee simple of land located within the City of Mendota Heights, Minnesota, which land (the "Property") is legally described on Exhibit D-1 attached hereto and made a part hereof, B. Grantor wishes to develop the Property; and C. As a condition of approval of Grantor's development of the Property, the City has required Grantor to grant to the City an easement on a portion of the Property for conservation purposes. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the covenants and agreements hereinafter set forth, the parties hereto agree as follows: Grant of Easement; Uses and Purposes. Subject to the limitations and restrictions herein set forth, Grantor hereby grants and conveys to the City a nonexclusive perpetual easement (the "Conservation Easement") to a portion of the Property, legally described on Exhibit D-2 attached hereto, and depicted on Exhibit D-3 attached hereto and made a part hereof (the "Conservation Easement Area") for the purpose of retaining the land and water predominately in their natural, scenic, open or wooded condition or as a suitable habitat for fish and wildlife. 2. Conditions of Easement Grant. The Conservation Easement granted in Section 1 shall be subject to the following restrictions: a. The land shall not be used for public utility purposes, other than is necessary for drainage improvement, which is connect to the pond through the scenic easement. b. Structures permanent and temporary, trailers, fences, advertising signs, road, hard surface improvements are prohibited. page 92 c. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive material is prohibited. d. The topography of the land and water line shall be retained in its natural condition, and now grading alterations, excavation or topographic changes shall be made unless authorized in writing by the City of Mendota Heights, Minnesota. e. Vegetation may be planted on the land that is indigenous to the land and appropriate to the natural pond edge environment. Vegetation within the easement may be maintained to prevent disease, maintain scenic views and maintain variety of natural plant species. f Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wild life habitat preservation are prohibited. 3. Grantor reserves all rights in, to, over, under and across the Trail Easement area that are not inconsistent with the Trail Easement (including but not limited to access and the right to install utilities and driveway improvements in a manner not inconsistent with the Trail Easement so long as the Trail Easement is returned to substantially same conditions as before the installation of such utilities or driveway improvements). 4. Grantor shall complete the surfacing of a trail for non -motorized travel on the Trail Easement Area. Upon completion of the surfacing of the trail the City shall maintain and repair, or cause to be maintained and repaired, in a good and safe condition, the Trail Easement Area. The maintenance and repair of said trail shall be at the City's sole cost and expense, and Grantor, its successors and assigns shall not be assessed for the costs of such maintenance or repair nor for costs of construction. 5. Grantee has the right of approval of all improvements within the Trail Easement Area, and Grantor shall not construct any such improvements without the prior written consent of Grantee. Grantee has the sole authority and responsibility for operation and maintenance of the Trail Easement from and after completion by Grantor of the trail improvements including surfacing. Except for initial construction Grantor has no authority or responsibility for operation and maintenance of the Trail Easement. 6. The City shall hold harmless Grantor from and against any and all claims, demands, losses, damages, cost and expenses (including but not limited to court costs, penalties and reasonable attorney's fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or page 93 occupancy of the Trail Easement by the City, its agents, employees, licensees, and invitees (including, without limitation, members of the general public or arising in any manner out of the acts or omissions of the City or its agents or employees in connection with the Trail Easement The indemnity obligations set forth in this section shall survive any termination of the Agreement or the easement granted hereunder. 7. Right to Use the Conservation Easement. City may delegate the right to use the Conservation Easement to its employees, contractors, invitees and the general public in accordance with such rules and regulations the City may from time to time adopt. 8. Miscellaneous. The covenants, conditions and restrictions of this Agreement for the Conservation Easement shall inure to the benefit of the City, its residents, its successors and assigns. The covenants, conditions and restrictions herein set forth shall run with the land and be binding on all persons claiming ownership thereunder. This Agreement shall be governed by the laws of Minnesota and may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the day and year first above written. THE RYLAND GROUP, INC. A Maryland corporation By: Name: Its: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2014, by the the corporation. of The Ryland Group, Inc., a Maryland corporation, on behalf of Notary Public CITY OF MENDOTA HEIGHTS By: Name: Its: By: Name: Its: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2014, by and the and page 94 , respectively, of the City of Mendota Heights, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public page 95 EXHIBIT D-1 LEGAL DESCRIPTION OF PROPERTY All of lots 29, 30, 31 and 35, all in AUDITOR'S SUBDIVISION NO. 34, MENDOTA according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Dakota County, Minnesota, And, That part of lots 37 and 38 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southerly, and easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLATS NO. 19-95 AND 19-96, according to the recorded plats thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, And: That part of lot 40 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT No. 19-96, and which lies southwesterly of the following described line: Beginning at the northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40 and said described line there terminating, And, That part of lots 32 and 33 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southwesterly of the following described line: Beginning at the northwest corner of said Lot 32, thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40 and said described line there terminating, And; Lot 39 of said AUDITOR'S SUBDIVISION NO. 32, MENDOTA, except one-half acre of said Lot Thirty-nine (39) conveyed to Golde Conoyor, by deed recorded in the Office of the Register of Deeds of Dakota County, Minnesota in Book "Z-2 of Deed, page 92". Except that part of said Lots 33 and 40 described as follows: Commencing at the northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast corner of said lot 40; thence North 40 degrees 19 minutes 49 seconds West along last course 180.17 feet to the point of beginning of said Exception; thence continuing North 40 degrees 19 minutes 49 seconds West 242.93 feet; thence South 49 degrees 40 minutes 1 I seconds West 116.57 feet; thence South 25 degrees 43 minutes 58 seconds West 34.93 feet; thence South 03 degrees 59 minutes 54 South West 26.03 feet; thence South 22 degrees 11 minutes 44 seconds East 102.84 feet; thence South 60 degrees 54 minutes 30 seconds East 35.66 feet; thence South 79 degrees 53 minutes 03 seconds East 96.57 feet to the intersection with a line drawn South 51 degrees 46 minutes 06 seconds West from the point of beginning; thence North 51 degrees 46 minutes 06 seconds East 124.75 feet to the point of beginning. page 96 EXHIBIT D-2 CONSERVATION EASEMENTS The easterly 50 feet of Lots 9 through 22, Block 1, Lemay Shores. The northeasterly 50 feet of Lots 22, 23, and 24, Block 1, Lemay Shores. A 20 foot wide strip over and across Lots 24, 25, 26, 27, 28, and 34, Block 1, Lemay shores, that lies within 20 feet left of a line described as follows: Beginning at the most northerly corner of said Lot 24; thence southwesterly to the most easterly corner of said Lot 25; thence westerly, northwesterly, northerly, and northeasterly along the easterly lines of said Lots 25, 26, 27, and 28 to the most easterly corner of said Lot 28; thence northeasterly to the most easterly corner of said Lot 34 and there terminating. The northeasterly 50 feet of Lots 34, 35, 36, and 37, Block 1, Lemay Shores. That part of Lots 38, 39, 40, 41, and 42, Block 1, Lemay Shores, lying northeasterly of a line drawn from a point on the southeasterly line of said Lot 38 distant 141.34 feet southwesterly of the northeast corner thereof to a point on the westerly line of said Lot 42 distant 70.22 feet southerly of the northwest corner thereof. The northerly 70 feet of Lots 43 and 44, Block 1, Lemay Shores. That part of Lots 1 and 2, Block 2, Lemay Shores, lying southwesterly of a line drawn from a point on the westerly line of said lot 1 distant 50.06 feet north of the southwest corner thereof to a point on the southeasterly line of said Lot 2 distant 77.38 feet northeasterly of the most southerly corner thereof. The southwesterly 70 feet of Lots 3, 4, 5 and 6, Block 2, Lemay Shores. That part of Lot 7, Block 2, Lemay Shores, lying westerly of a line drawn from a point on the northwesterly line of said Lot 7 distant 70.95 feet northeasterly of the northwest corner thereof to a point on the southerly line of said Lot 7 distant 77.02 feet northeasterly of the southwest corner thereof. That part of Lots 8, 9, and 10, Block 2, Lemay Shores, lying westerly of a line drawn from a point on the northerly line of said Lot 8 distant 77.02 feet northeasterly of the northwest corner thereof to a point on the southerly line of said Lot 10 distant 32.76 feet east of the southwest corner thereof. That part of Lot 12, Block 2, Lemay Shores, lying northerly of a line drawn from a point on the northerly line of said Lot 12 distant 32.76 feet east of the northwest corner thereof to a point on the southwesterly line of said Lot 12 distant 13.05 feet south of said northwest corner. The northerly 90 feet of Lots 13 through 16, Block 2, Lemay Shores. page 97 Outlot B, Lemay Shores. All in Dakota County, Minnesota. page 98 EXHIBIT D-3 CONSERVATION EASEMENTS MAP page 99 EXHIBIT E SAMPLE IRREVOCABLE LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT NO. Dated: June , 20 City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Sir or Madam: For the account of , a Minnesota (the `Borrower"), we hereby open in your favor our Irrevocable Letter of Credit No. (the "Credit") in an amount not to exceed a total of U.S. , subject to reduction in accordance with Section 3 of that certain Development Agreement dated as of , by and between you and the Borrower (the "Development Agreement"), effective immediately and expiring on the earlier of (a) , or (b) completion of all of the requirements as set forth in Section 3 of the Development Agreement. Funds under this Credit are available to you against a sight draft(s) on us completed by you, completed in substantially the form attached hereto as Exhibit 1, for all or any part of this Credit. We will promptly honor all drafts drawn in compliance with the terms of this Credit if received on or before the expiration date at our Letter of Credit Operations Office located at Drafts presented at our office at the address set forth above no later than 10:00 a.m. (central time) on any business day shall be honored on the date of presentation by payment in accordance with your payment instructions that accompany each such draft. If requested by you, payment under this Credit may be made by wire transfer of immediately available funds to your account as specified in the draft, or by deposit of same day funds in your designated account that you maintain with us. As used herein, "business day" shall mean a day on which banks located in the State of Minnesota are not authorized or required by law to close and on which the New York Stock Exchange is not closed. Any day on which our business is interrupted by an act of God, riot, civil commotion, insurrection, war or any other cause beyond our control or by any strikes or lockouts shall not be deemed to be a "business day." This Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement page 100 referred to herein, except the drafts referred to herein; and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement except for such drafts. This Credit shall be governed by and subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500 ("UCP"), and to the extent not inconsistent with the UCP, laws of the State of Minnesota. Sincerely, BANK By: Name: Title: 8608-25Hidmsmpl:527078_1 page 101 EXHIBIT 1 TO LETTER OF CREDIT SIGHT DRAFT Imm Saint Paul, Minnesota 55101 Attn: Letter of Credit Operations Office Pay on demand to the City of Mendota Heights, Minnesota the sum of U.S. $ in immediately available funds to ABA No. Reference This draft is drawn under your Irrevocable Letter of Credit No. CITY OF Mendota Heights By: Name: Title: page 102 EXHIBIT F ENGINEER'S ESTIMATE SANITARY SEWER Depth Unit Quantities Unit Price Amount 8" P.V.C. SDR 35 (OR EQUIVALENT) 0-10 L.F. 560.0 $31.90 $17,864.00 8" P.V.C. SDR 35 (OR EQUIVALENT) 10-12 L.F. 1150.0 $34.10 $39,215.00 8" P.V.C. SDR 35 (OR EQUIVALENT) 12-14 L.F. 393.0 $36.30 $14,265.90 8" P.V.C. SDR 35 (OR EQUIVALENT) 14-16 L.F. 465.0 $38.50 $17,902.50 8" P.V.C. SDR 35 (OR EQUIVALENT) 16-18 L.F. 265.0 $71.50 $18,947.50 8" P.V.C. SDR 35 (OR EQUIVALENT) 18-20 L.F. 159.0 $73.70 $11,718.30 8" P.V.C. SDR 35 (OR EQUIVALENT) 20-22 L.F. 267.0 $77.00 $20,559.00 8" P.V.C. SDR 35 (OR EQUIVALENT) 22-24 L.F. 555.0 $82.50 $45,787.50 8" P.V.C. SDR 35 (OR EQUIVALENT) 24-26 L.F. 144.0 $88.00 $12,672.00 8" P.V.C. SDR 35 (OR EQUIVALENT) 26-28 L.F. 100.0 $93.50 $9,350.00 4" Insulation Dow Hi Brpund 40 4'x4" Total for Watermain = Sq. Ft. 680.0 $4.40 $2,992.00 *Standard Manholes (8 FT) Each 27.0 $3,025.00 $81,675.00 Extra Depth MH L.F. 229.0 $126.50 $28,968.50 Outside Drop L.F. 11.2 $302.50 $3,388.00 4" P.V.C. Services L.F. 2400.0 $16.50 $39,600.00 4" P.V.C. Risers L.F. 250.0 $38.50 $9,625.00 8" x 4" Wyes Each 60.0 $192.50 $11,550.00 Connect to Exist. M.H. Each 1.0 $2,750.00 $2,750.00 Restoration Ac. 0.5 $2,200.00 $1,100.00 Rock Stabilizer Tons 1,000.0 $27.50 $27,500.00 *ALL SAN. STRUCTURES INCLUDE CASTING* Total for Sanitary = $417,430.20 WATERMAIN Depth Unit Quantities Unit Price Amount 8" D.I.P. CL 52 L.F. 3,370.0 $39.60 $133,452.00 6" D.I.P. CL 52 L.F. 460.0 $38.50 $17,710.00 4" D.I.P. Irrigation Service L.F. 120.0 $37.40 $4,488.00 8" R.W. Gate Valve & Box Each 3.0 $1,705.00 $5,115.00 6" R.W. Gate Valve & Box Each 1.0 $1,210.00 $1,210.00 4" R.W. Gate Valve & Box Each 3.0 $1,155.00 $3,465.00 Hydrant & Gate Valve Each 10.0 $4,950.00 $49,500.00 8" to 8" Wettap and Valve Each 1.0 $3,850.00 $3,850.00 Fittings Lbs 6520.0 $1.65 $10,758.00 I" Copper Service L.F. 2400.0 $16.50 $39,600.00 1" Corp. & Curb Stop Each 60.0 $660.00 $39,600.00 2" Copper Service L.F. 40.0 $44.00 $1,760.00 Total for Watermain = $310,508.00 page 103 STORM SEWER Depth Unit Quantities Unit Price Amount 18" R.C.P. CL V 0'-10' L.F. 872 $30.80 $26,857.60 15" R.C.P. CL V 0'-10' L.F. 952 $28.60 $27,227.20 12" R.C.P. CL V 0'-10' L.F. 976 $26.40 $25,766.40 24" x 36" C.B. Type Each 16 $1,595.00 $25,520.00 C.B. Manhole Type 4' DIA Each 9 $2,475.00 $22,275.00 C.B. Manhole Type 5" DIA Each 1 $4,125.00 $4,125.00 C.B. Manhole Type 6' DIA Each 1 $5,775.00 $5,775.00 12" F.E.S. w/ Trash Guard Each 4 $1,100.00 $4,400.00 15" F.E.S. w/ Trash Guard Each 3 $1,210.00 $3,630.00 18" F.E.S. w/ Trash Guard Each 1 $1,375.00 $1,375.00 Rip Rap Cy. Yd. 60 $104.50 $6,270.00 * All Storm Structures to include Casting Assembly* *ALL SAN. STRUCTURES INCLUDE CASTING* Total for Storm = $153,221.20 STREET CONSTRUCTION Depth Unit Quantities Unit Price Amount 6" Subgrade Preparation 415.0 L.F. 3340.0 $2.00 $6,680.00 Raise Structures MH's $63.00 Each 27.0 $750.00 $20,250.00 Raise Structures FV $5,372.00 Each 7.0 $400.00 $2,800.00 Aggregate Base 8" — Class 5 — 100% Crushed Tons 5,930.0 $14.00 $83,020.00 Bituminous MnDOT 2" 2331 Base Tons 1520.0 $63.00 $95,760.00 Tack Coat (05 gal/sq. yd.) Gals 695.0 $4.00 $2,780.00 Bituminous MnDOT 1 1/z" 2341 Wear Tons 1140.0 $68.00 $77,520.00 Concrete Curb & Gutter (MnDOT design B6-18) L.F. 7435.0 $11.00 $81,785.00 Select Granular Borrow 2' (if required) Tons 17,795.0 $8.50 $151,257.50 Total for Street (w/ sand lift) _ $521,852.50 STREET — FIRE LANE 570' LONG X 15' WIDE Depth Unit Quantities Unit Price Amount 8" CL 5 Tons 415.0 $14.00 $5,810.00 2" Bit Base Tons 105.0 $63.00 $6,615.00 1 1/2 Bit Wear Tons 79.0 $68.00 $5,372.00 Tack Oil Gals 48.0 $4.00 $192.00 Total of Street — Fire Lane = $17,989.00 page 104 BIT. PATH to AUGUSTA SHORES 1315' long x 8' side —305' on plan 1010 to Connect from plan Depth Unit Quantities Unit Price Amount 8" CL 5 Tons 540.0 $20.50 $11,070.00 2" Bit Base Tons 130.0 $75.00 $9,750.00 1 1/2" Bit Wear Tons 98.0 $85.00 $8,330.00 Tack Oil Gals 60.0 $4.00 $240.00 Total of Bit. Path to Augusta Shores = $29,390.00 GRAND TOTAL = $1,450,390.60 X 125% Irrevocable Letter of Credit $1,812,988.25 4815-9058-9719,v