Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2014-10-07 Council Packet
1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA October 7, 2014 — 7:00 pm Mendota Heights City Hall 5. Swearing In Ceremony of Police Officer Robin Nelson 6. Consent Agenda a. Approval of September 16, 2014 City Council Minutes b. Acknowledgment of September 23, 2014 Planning Commission Minutes C. Approval of Personnel Action Report d. Approval of Change of Date for November 4t" City Council Meeting e. Approval of Extension of Joint Powers Agreement for Emergency Management Services f. Receipt of August 2014 Fire Department Synopsis Report g. Approval of Wetland Delineation for Lemay Shores Development h. Approval of Wetland Delineation for Ratchye Property at 2270 Wagon Wheel Court i. Approval of City Hall Roof Tape/Electrical Purchase Order j. Approval of Final Payment and Acceptance of Mendota Heights Road Forcemain Replacement k. Authorization to Apply for Grant to Update Pilot Knob National Register of Historic Places Application I. Approval of Transfer from Infrastructure Fund to Pay for 2014 Street Projects M. Approval of Resolution 2014-65, Entering into Dakota County Electronic Crimes Taskforce Joint Powers Agreement n. Approval of Resolution 2014-58, Accepting Gifts to the City in Support of Officer Scott Patrick o. Receipt of August 2014 Treasurer's Report p. Approval of Claims List q. Approval of Contractors List 7. Public Comments 8. Presentations a. Dr. Nancy Allen -Mastro, ISD 197 Referendum page 2 9. Public Hearings a. Victoria/Rolling Green Neighborhood Street Project Assessment Hearing, Resolution 2014-66 10. New and Unfinished Business a. 2014 Bond Sale, Resolutions 2014-67 and 2014-68 b. Planning Case 2014-26, After -the -Fact Wetlands Permit, 2054 Acacia Drive, Resolution 2014-59 c. Planning Case 2014-27, Critical Area Permit, 744 Woodridge Drive, Resolution 2014-60 d. Planning Case 2014-28, Code Amendment Request for Exception to Swimming Pool Fencing Requirements, Resolution 2014-61 e. Planning Case 2014-29, Electronic Signage Conditional Use Permit, 2544 Visitation Drive, Resolution 2014-62 f. Accept Feasibility Report for Kensington Neighborhood Street Improvements and Consider Setting Date of Public Hearing, Resolutions 2014-50 and 2014-64 11. Community Announcements 12. Council Comments 13. Adjourn page 3 6a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 16, 2014 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 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. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny and Mayor Krebsbach moved to adjust the order of Item 7 New and Unfinished Business as follows: 7a: West St. Paul Ice Arena Letter of Support 7b: Resolutions 2014-55, 2014-56, 2014-57, Preliminary 2015 Tax Levy and Budget 7c: Ordinance 468, Allowing Motorized Watercraft on Rogers Lake 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 Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approval of September 2, 2014 City Council Minutes; e) Approval of Personnel Action Report; and f) Approval of Resolutions 2014-53 and 2014-54, Donations to the Police Department. a. Approval of September 2, 2014 City Council Minutes b. Approval of September 2, 2014 City Council Workshop Minutes c. Acknowledgment of September 9, 2014 Parks and Recreation Commission Minutes d. Acknowledgment of September 10, 2014 Airport Relations Commission Minutes e. Approval of Personnel Action Report f Approval of Resolutions 2014-53 and 2014-54, Donations to the Police Department g. Receipt of 2014 Building Activity Report September 16, 2014 Mendota Heights City Council Page I page 4 h. Approval of Claims List i. Approval of Contractors List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF SEPTEMBER 2, 2014 CITY COUNCIL MINUTES Councilmember Duggan requested that the word "tenure" on page 7 of the minutes be changed to "tenor". Councilmember Norton moved for APPROVAL OF SEPTEMBER 2, 2014 CITY COUNCIL MINUTES as amended. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 E) APPROVAL OF PERSONNEL ACTION REPORT Assistant to the City Administrator Tamara Schutta gave a brief verbal update on the items on the Personnel Action Report: Item 1: Authorize Appointment of Police Officer - If approved, Police Officer Candidate Robin Nelson would start on September 23, 2014. Item 2: Extended Leave of Absence Approval - If approved, Sergeant Brian Convery's Leave of Absence would be extended until his extended disability leave bank is exhausted in February 2015. Councilmember Duggan moved for APPROVAL OF PERSONNEL ACTION REPORT. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF RESOLUTIONS 2014-53 AND 2014-54, DONATIONS TO THE POLICE DEPARTMENT Chief of Police Michael Aschenbrener gave a brief background on the donations received and noted that thank you cards would be sent. • McKay Enterprises - donation of five Remington 870 Shotguns in honor of slain Officer Patrick • Robert Lesher, the son of previous officer Don Lesher - donation of the siren and light that had been in his father's personal car Councilmember Petschel moved to adopt RESOLUTION 2014-53, ACKNOWLEDGEMENT OF GIFT OF FIVE REMINGTON 870 SHOTGUNS, AND RESOLUTION 2014-54, ACKNOWLEDGEMENT OF RECEIPT OF THE SIREN AND RED LIGHT. September 16, 2014 Mendota Heights City Council Page 2 page 5 Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. NEW AND UNFINISHED BUSINESS A) WEST ST. PAUL ICE ARENA LETTER OF SUPPORT City Administrator Justin Miller explained that over the past several months the Cities of West St. Paul and Mendota Heights, along with ISD 197 have been talking about ways to renovate the West St. Paul Ice Arena. There is a grant proposal through the State of Minnesota Mighty Ducks Ice Arena Grant Program that would allocate up to $200,000 to help alter facilities like West St. Paul ice or refrigeration systems, which are starting to be phased out. The deadline for that grant application is October 1, 2014. The City of West St. Paul is requesting a partnership between the three parties to equally share in the estimated $1.8M funding for this project. If the grant is approved, each party's contribution would be approximately $555,000. Not only would the project include the replacement of the aging ice system but other facility renovations would include electrical upgrades, structural items, etc., which would provide the arena with an additional 15-20 years of useful life. If the City Council decides to financially support this project, the City of West St. Paul requested a letter of support to be included in the grant application. The draft letter does include several caveats that the Council has discussed in the past, which Administrator Miller reviewed: 1. This is to be considered a capital contribution only, and in no way is the City of Mendota Heights agreeing to take on any operating or maintenance responsibilities with the arena. 2. The City of Mendota Heights expects that the ice arena will be operated and available to Mendota Heights' residents for at least 20 years after the renovations are complete. If it were to close before this time period, we would expect to be reimbursed for a pro -rated portion of our capital contribution. 3. The city's contribution is contingent on receipt of $200,000 in grant funding through the Mighty Ducks Ice Arena Grant Program. 4. Before construction begins, the City of Mendota Heights expects to be full partners in reviewing the scope of the project and will require that a formal agreement, either through a Joint Powers Agreement or some other binding contract, be agreed to by all three funding partners. 5. The City of Mendota Heights will make half of the contribution in 2015 with the second half being paid in 2019. September 16, 2014 Mendota Heights City Council Page 3 page 6 Administrator Miller had also provided to the Council the report provided by Ehlers & Associates, the City's financial consultants, on what the impact of funding this out of the General Fund Reserves would be and how it could impact the City's bond rating. Based on the Council's request, Administrator Miller also reviewed alternate funding sources for the ice arena proposal. Councilmembers asked questions regarding the effect on the levy; use of cell tower revenue; potential deal -breakers; the interest charge on a `gift' if payment is split in half, what the repercussions would be if the grant came in at less than $200,000; alternative means of funding the payment(s); the phases of the renovation; and the inclusion of language that `Mendota Heights reserves the right to review, negotiate, if there are dramatic changes in circumstances in the reconstruction development process. Mayor Krebsbach expressed her desire that the Council go on record as being cognizant of how that second payment is going to happen and that they recognize it would be one of two or three options. Councilmember Duggan moved to APPROVE THE LETTER OF SUPPORT FOR THE WEST ST. PAUL ICE ARENA, WITH A FINANCIAL COMMITMENT OF UP TO $555,333. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Additional discussion occurred in regards to the funding of this venture. B) RESOLUTIONS 2014-55, 2014-56, 2014-57, PRELIMINARY 2015 TAX LEVY AND BUDGET Finance Director Kristen Schabacker reviewed the revised Preliminary 2015 Tan Levy and Budget, which was different than the information provided in the Council packet due to the previously approved funding for the West St. Paul Ice Arena. The proposed levy for 2015 reflects a 6.00% increase over the final levy for 2014. Mayor Krebsbach noted for the public that once the levy is approved it cannot be raised, however, it could be lowered. She also explained that the City Council has met in workshops on this topic and is very familiar with the details. Councilmember Povolny moved to approve RESOLUTIONS 2014-55 ADOPTING THE 2015 PROPOSED BUDGET, RESOLUTION 2014-56 ADOPTING THE 2015 PROPOSED LEVY, AND RESOLUTION 2014-57 ADOPTING THE FINAL TAX LEVY FOR THE SPECIAL TAXING DISTRICT as revised. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 September 16, 2014 Mendota Heights City Council Page 4 page 7 C) ORDINANCE 468, ALLOWING MOTORIZED WATERCRAFT ON ROGERS LAKE City Engineer John Mazzitello explained that in September 2013, the City Council adopted Ordinance 456, a temporary ordinance that would allow the use of motorized watercraft on Rogers Lake with a specific list of conditions. It was intended to be a one-year trial period and in the temporary ordinance the Council established a September 2014 sunset date. In the year that this ordinance has been in effect, there have been no complaints received by City staff on watercraft usage with motors on Rogers Lake and there has been no observed degradation to the shoreline due to wakes created by motorized watercraft. At the initial discussion, it was brought forward that should it be acceptable and presentable, that the Council would entertain making the ordinance permanent. Ordinance 468 would amend the original temporary ordinance to make it permanent and codified into Title 6 of the City Code and would deal specifically with motorized watercraft on Rogers Lake. The same conditions that were present in the temporary ordinance would remain in the permanent ordinance. The Department of Natural Resources has reviewed and approved this proposed ordinance. Councilmember Petschel moved to adopt ORDINANCE 468 — AN ORDINANCE AMENDING ORDINANCE 456 REGULATING THE SURFACE USE OF ROGERS LAKE to allow for the use of motorized watercraft on Rogers Lake. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach commended the neighborhood for working this out, agreeing to the trial, having early discussions, etc. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The fall Heights Highlights newsletter was mailed out to residents last week. • The 4th Annual 18 Hole Golf Tournament will be on September 27, 2014. The first 9 -hole round is at Thompson Oaks and the second 9 -hole round is at Mendota Heights Par 3. • The "Stand Up for Scott" Patrick family benefit is on September 27, 2014 at the Moose Country. • The Fire Department Open House is scheduled for October 11, 2014 from 10:00 a.m. — 3:00 p.m. • The Fire Department personnel are handing out the annual reports and selling tickets to the 66th Annual Firefighter Dance. • Barbary Coast Dixieland Showband is returning to Lilydale on Saturday, September 20, 2014 at the Lilydale City Hall. COUNCIL COMMENTS Councilmember Petschel received an email from a resident asking for better signage at Historic Pilot Knob. She suggested the City discuss providing better interpretative information on site. September 16, 2014 Mendota Heights City Council Page 5 page 8 She also recognized Recreation Program Coordinator Sloan Wallgren for installing the new FootGolf at the Par 3, and for thinking of new and creative ways for residents to use the Par 3. Councilmember Duggan attended the Dakota Mdewakanton Pow Wow event and the Pilot Knob Preservation Association was very pleased that the Council is pursuing the historic designation of the site. He also expressed his appreciation to everyone in the community who are maintaining their yards and homes so beautifully. There is a new owner at the One Ten Cycle and Trek, 1040 West Dakota Drive. He also commented on the wonderful upgrades and changes to the Fischerville site. Mayor Krebsbach also attended the Dakota Mdewakanton Pow Wow and walked in the circle. It was a very wonderful and dignified experience. She also noted that on October 11, there will be a Breast Cancer Awareness Bike Ride. Information can be found in the Heights Highlights. Mayor Krebsbach, as this is the last meeting in September, wished a Happy Rosh Hashanah to the Jewish residents, which is on September 25. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:12 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk September 16, 2014 Mendota Heights City Council Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 page 9 6b. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES September 23, 2014 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 23, 2014, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael Noonan, Doug Hennes, Robin Hennessy, Mary Magnuson, Howard Roston, and Ansis Viksnins. Those absent: None. Others present were Planner Nolan Wall and Public Works Director/City Engineer John Mazzitello. Approval ofAzenda The agenda was approved as submitted. Approval ofAugust 26, 2014 Minutes COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER MAGNUSON TO APPROVE THE MINUTES OF AUGUST 26, 2014, AS PRESENTED. AYES: 7 NAYS: 0 Hearin -s PLANNING CASE 92014-26 Wayne Cummings, 2054 Acacia Drive After -the -fact Wetlands Permit Wetland Permit for Vegetation Removal Planner Nolan Wall explained that the applicant was seeking an after -the -fact wetland permit to remove vegetation at 2054 Acacia Drive. The subject parcel is 0.64 acres, contains an existing single-family dwelling, and is located along the northwest shore of Lake Augusta within the Augusta Shores Development. A substantial portion of the rear yard is also within a conservation easement that was established as part of the developer's agreement that was approved in 1999. Staff was made aware of the vegetation removal within the easement area and determined a violation of the wetlands system chapter of the code occurred for action without a permit. The wetlands chapter does require a permit for vegetation removal within the 100 -foot buffer area of a wetland or water resource related area. Planner Wall shared a map of the affected area that showed where the five elm trees that were dead or dying that were removed. According to the applicant, buckthorn and dead or dying elm trees were removed from the rear yard in 2006 and 2007. The trees ranged in size from six to ten inches in diameter and the stumps were left undisturbed. The impacted area is now devoid of significant vegetative cover and the 25 -foot non -disturb buffer area that the City likes to see directly from the 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 page 10 water resource related area is not visible during high water levels. It has been maintained as a grassy area since the buckthorn was removed. Since being contacted by the City, the property owner is no longer maintaining the impacted area and regrowth is occurring. The conservation easement area does contain a mixture of mature trees and natural and invasive ground cover vegetation, and that is meant to provide a buffer between the development and the lake. The extent of the cover does limit access and visibility of the lake from the development, but the remainder of the conservation easement area in the development is largely natural and unaltered, and it was dedicated to maintain a buffer and reduce unintended run-off into the lake. It was also noted that Lake Augusta does suffer from poor water quality, which is due to excessive nutrients from release of phosphorus from the lake bottom and run-off from streets and yards in the watershed. In addition, the lake is land -locked without any outlet structures or streams. Continued vegetation removal and degradation of the buffer area is not recommended. Planner Wall included in his report language on after -the -fact permit requests regarding City Code violations and noted that, since becoming aware of the violation, the property owner has been responsive to staff's concerns and through the application process. However, if the Planning Commission does feel that citation is necessary they can recommend that to the City Council. Staff recommended approval of this application with conditions. Commissioners asked questions about their role in recommending the issuance of citations; confirmation that the removal occurred seven to eight years ago and that maintenance of the area as a yard has continued until the City was made aware of it; and the possibility of approval if the request had come before City staff in the proper sequence. Mr. Wayne Cummings, 2054 Acacia Drive, came forward to explain that he did not remove the buckthorn but paid someone else to do that. However, he did help remove the dead trees. Planner Wall replied that the applicant, as with other cases, is ultimately liable or responsible for actions on his property. Commissioners asked if there had been any other kind of significant removals from the area since 2006 or 2007, other than mowing for a path to the lake; if the homeowner was aware of the conservation easement agreement at the time of the tree and buckthorn removal; and if he was comfortable with abiding with the recommendation that there be no more removal of vegetation in the area. Chair Field opened the public hearing. Mr. Tom Hanschen, 2158 Lemay Lake Drive, current president of the Augusta Shores Homeowners Association, explained that he was the one who called the City. The Association has been operating under the conservation easement which says you may remove noxious species, which includes buckthorn. The wetlands permit was new to him and was unaware of having to comply with that as well. He believes that if the buckthorn returns the homeowner should be able to remove it. However, the continued mowing of the impacted area is inappropriate, so he would be in support of the after -the -fact wetlands permit. page 11 97 Planner Wall commented that staff is not saying that the homeowner could not continue to remove 98 the buckthorn, but as part of this application further removals are not allowed and he would need 99 to apply for an additional wetlands permit to do that. 100 101 Mr. Gerald Reed, 2050 Acacia Drive, asked if the need for a wetlands permit to remove buckthorn 102 including poison ivy. Planner Wall indicated that the permit would be required and he made a 103 suggestion that the homeowners association apply for a blanket wetlands permit and have the 104 buckthorn, etc. removal done by a professional organization. 105 106 Chair Field asked for a motion to close the public hearing. 107 108 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 109 CLOSE THE PUBLIC HEARING. 110 1 I 1 AYES: 7 112 NAYS: 0 113 114 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 115 RECOMMEND APPROVAL OF PLANNING CASE 2014-26, AFTER -THE -FACT 116 WETLANDS PERMIT WITH THE CONDITION THAT FURTHER TRIMMING WITHIN THE 117 EASEMENT AREA IS PROHIBITED, THE NATURAL VEGETATION IS ALLOWED TO RE - 118 GROW, AND FURTHER REMOVAL BE THE SUBJECT OF A SEPARATE WETLANDS 119 PERMIT APPLICATION. 120 121 AYES: 7 122 NAYS:0 123 124 Chair Field advised the City Council would consider this application at its October 7, 2014 125 meeting.Chair Field suggested that the next two items be presented together since they are related, 126 and can be broken down into two issues for voting purposes. Planner Wall and the Commission 127 agreed. 128 129 PLANNING CASE 92014-27 130 Sarah and Aaron Macke, 744 Woodridge Drive 131 Critical Area Permit for various improvements 132 133 PLANNING CASE #2014-28 134 Sarah and Aaron Macke 135 Proposed Code Amendment to allow an exception for swimming pool fencing requirements 136 137 In regards to Planning Case 92014-27, Planner Wall explained that the applicants are seeking a 138 Critical Area Permit to construct improvements within the Mississippi River Corridor Critical 139 Area, which requires City approval prior to construction. The subject parcel is zoned R -I and 140 guided for low density residential development. It currently contains an existing single-family 141 dwelling, which was approved by a Critical Area Permit and constructed in 2010. The proposed 142 project includes a swimming pool, a retaining wall, patio, fence, and expansion to the existing 143 screen porch. 144 page 12 145 Planner Wall explained the purposes of the Critical Area Overlay Zoning District, which included 146 the development standards, natural resource management, and grading and drainage. He also 147 shared the portion of the City Code pertaining to swimming pool regulations, the retaining wall, 148 landscaping, and the screen porch expansion. 149 150 The applicants are also proposing a code amendment that would allow an automatic pool cover as 151 an exception to the fencing requirements. If denied, they would propose to construct a 5 -foot tall 152 black ornamental three -rail aluminum fence, which would surround the entire pool area. 153 Compliance would be verified with the building permit application. 154 155 Staff recommended approval of the Critical Area Permit based on the finding that the application 156 meetings the policies of the critical area district, with conditions. Planner Wall noted that the 157 Department of Natural Resources was noticed and they responded that they had no comments on 158 the application. 159 160 In regards to Planning Case 92014-28, Planner Wall explained that the applicants are seeking a 161 code amendment to allow automatic pool covers as an exception to the swimming pool fencing 162 requirements. As noted above, the applicants would construct a fence if this code amendment was 163 not approved. If approved they would not construct a fence. 164 165 The Letter of Intent included in the Commissioner's packet of information included the rational 166 for consideration for their proposed amendment, which Planner Wall explained. Draft Ordinance 167 469 was also included in the Commissioner's packet of information. 168 169 Planner Wall noted that the proposed code language is the same as in affect in the City of Inver 170 Grove Heights. There are other jurisdictions that allow exceptions to the fencing requirements for 171 automatic covers, including Maplewood, Sunfish Lake, Rochester, and Scott County. The City 172 Council did consider a similar amendment in 2005 and that proposed code amendment included 173 two additional conditions. That proposed code amendment was denied by the City Council. 174 175 Planner Wall then reviewed the intentions of the Safety Barrier Requirements for private outdoor 176 swimming pools. 177 178 Staff recommended denial of the Proposed Code Amendment. 179 180 Commissioners asked the need for a code amendment if the City Council has the discretion to 181 allow pool covers in lieu of fencing if they determine that automatic pool covers; when properly 182 used, provide the same protection as a compliant fence and gate system; how would an automatic 183 cover work; why the Council denied the code amendment request previously; and excavation and 184 the potential for degradation of the bluff during the pool installation. 185 Specific to the Chair's question regarding excavation activities, Public Works Director/City 186 Engineer Mazzitello responded that upon review of the preliminary grading plan, none of the 187 grading is taking place in any areas over 12% slope, which is in compliance with the Critical Area 188 guidelines. In addition, the proposed pool and patio are being built in the excavation mark for the 189 house that was constructed 4 years ago. No evidence of any bluff degradation has been observed 190 as a result of construction of the house, so there is no reason to believe any degradation will occur 191 as a result of the excavation for the pool. 192 page 13 193 Ms. Sarah Macke, 744 Woodridge Drive came forward to address the Commissioners and 194 explained how a pool cover would work. 195 196 Commissioners asked questions regarding the "automatic" pool cover. 197 198 Chair Field opened the public hearing. 199 200 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 201 hearing. 202 203 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO 204 CLOSE THE PUBLIC HEARING. 205 206 AYES:7 207 NAYS:0 208 209 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, TO 210 RECOMMEND APPROVAL OF PLANNING CASE 2014-27 CRITICAL AREA PERMIT FOR 211 VARIOUS IMPROVEMENTS, BASED ON THE FINDING THAT THE APPLICATION 212 MEETS THE POLICIES AND STANDARDS OF THE CRITICAL AREA OVERLAY 213 DISTRICT, AND 214 with the following conditions: 215 1. Building, fence, and grading permits are approved by the City prior to construction of the 216 proposed improvements. 217 2. Construction of the proposed improvements shall be in compliance with the City's Land 218 Disturbance Guidance Document. 219 3. The swimming pool is not to be drained toward any bluff line. 220 221 AYES:7 222 NAYS:0 223 224 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER ROSTON, 225 TO RECOMMEND APPROVAL OF PLANNING CASE 2014-28, PROPOSED CODE 226 AMENDMENT TO ALLOW AN EXCEPTION FOR SWIMMING POOL FENCING 227 REQUIREMENTS, BASED ON THE FOLLOWING FINDINGS OF FACT: 228 1. The proposed exception for automatic pool safety covers meets industry safety and weight - 229 bearing standards. 230 2. Automatic pool covers, when closed, cover the entire pool surface and can enhance safety 231 if access is gained to the pool area. 232 3. The proper use of automatic pool covers can save water by retaining heat and reducing 233 evaporation. 234 4. Swimming pool fencing can disrupt natural areas and animal movement. 235 236 Chair Field recommended that the additional conditions mentioned by Planner Wall earlier be 237 included in the motion: 238 A. The property owner shall provide proof of insurance specific to the Pool Safety Cover. 239 B. The property owner shall provide proof of inspection of the Pool Safety Cover by the 240 installer to the City on an annual basis. page 14 241 Discussions took place regarding the need for the additional conditions in light of the proposed 242 code amendment language; the possibility of changing the language in the conditions; and what 243 other items require recurring inspection reports on private properties. 244 245 Commissioners Hennes, Roston, Hennessy, and Magnuson explained their reasons for 246 recommending approval of the application. 247 248 Chair Field and Commissioners Noonan and Viksnins explained their reasons for denying the 249 application. 250 251 For means of clarification, the conditions being added to the motion are: 252 A. The property owner shall provide proof of liability insurance coverage. 253 B. The property owner shall provide proof of inspection of the Pool Safety Cover by an 254 experienced installer to the City on an annual basis. 255 256 AYES: 3 [Magnuson, Hennes, Roston] 257 NAYS: 4 [Viksnins, Hennessy, Chair Field, Noonan] 258 259 The motion did not pass. 260 261 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 262 RECOMMEND DENIAL OF PLANNING CASE 2014-28, PROPOSED CODE AMENDMENT 263 TO ALLOW AN EXCEPTION FOR SWIMMING POOL FENCING REQUIREMENTS, 264 BASED ON THE FOLLOWING FINDINGS OF FACT: 265 1. The current City Code swimming pool fencing requirements are consistent with safety 266 barrier guidelines from the U.S. Consumer Product Safety Commission and are appropriate 267 for the majority of residential properties in order to provide protection against potential 268 drownings and near -drownings by restricting access. 269 2. Automatic swimming pool covers do not alone provide adequate safety measures and 270 should only be used to complement the existing regulations. 271 272 Ayes: 4 [Viksnins, Hennessy, Chair Field, Noonan] 273 Nays: 3 [Magnuson, Hennes, Roston] 274 275 Chair Field advised the City Council would consider this application at its October 7, 2014 276 meeting. 277 278 PLANNING CASE 42014-29 279 Convent of the Visitation School 280 Conditional Use Permit for an electronic display sign at 2455 Visitation Drive 281 282 Planner Nolan Wall explained that the application was seeking a Conditional Use Permit to erect 283 an electronic display sign on the Visitation Campus. The City recently amended the code to allow 284 this type of signage for qualifying uses in the residential districts, subject to numerous conditions. 285 286 As per the signage application package that was reviewed by the Commission and City Council, 287 this is an existing sign that would be refurbished to have the capability of having an electronic 288 display component. page 15 289 Planner Wall briefly reviewed the requirements and conditions necessary for this type of signage 290 and how the proposed signage relates to them and would be in compliance. 291 292 Staff recommended approval of this application. 293 294 Chair Field asked that the staff report provided by Planner Wall be included in the public record 295 on this. 296 297 Commissioners asked questions regarding the required hours of operation and the need for 298 additional applications for additional signage. 299 300 Mr. Greg Engel, Director of Operations at the Convent of the Visitation, along with Dr. Dawn 301 Nichols, Head of School came forward to address the Commission. 302 303 Commissioners asked questions regarding how many days a week the sign would be operational. 304 305 Chair Field opened the public hearing. 306 Ms. Sonja Hauter, 2371 Rogers Avenue, hasjust moved into her home which is located right across 307 the street from Visitation School. She asked how the LED lumens compare with the current parking 308 lot lights. Public Works Director/City Engineer John Mazzitello replied that a lumen is the 309 measurement of the intensity of light and is not specific to a light source. The LED's being 310 proposed are dimmer than the surrounding light in the parking lot and, therefore, should not add 311 any brightness to what is already there. 312 Chair Field asked for a motion to close the public hearing. 313 314 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, 315 TO CLOSE THE PUBLIC HEARING. 316 317 AYES: 7 318 NAYS: 0 319 320 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNESSY, 321 TO RECOMMEND APPPROVAL OF PLANNING CASE 2014-29, CONDITIONAL USE 322 PERMIT FOR AN ELECTRONIC DISPLAY SIGN, BASED ON THE FINDING THAT THE 323 APPLICATION MEETS THE ZONING CODE REQUIREMENTS AND WITH THE 324 CONDITION THAT THE APPLICANT OBTAIN A SIGN PERMIT. 325 326 AYES:7 327 NAYS:0 328 329 Chair Field advised the City Council would consider this application at its October 7, 2014 330 meeting. 331 332 PLANNING CASE 92014-22 333 City of Mendota Heights 334 Proposed Code Amendments 335 page 16 336 Planner Nolan Wall explained that the City is considering various amendments to the Zoning and 337 Subdivision Ordinances within the City Code. Over the past year, staff has identified a number of 338 potential amendments packaged into a single application for consideration. The goal would be to 339 clean up, clarify, and simplify certain sections in order to improve the interpretation and 340 implementation of those ordinances. 341 342 The proposed amendments were summarized in the staff report and were included in Draft 343 Ordinance 467. Staff recommended that the Commission consider this either as a first reading of 344 all or some of the components, any questions or additional conditions or changes that the 345 Commission would like to make could be brought back. 346 347 Planner Wall then reviewed each of the proposed amendments: 348 1. Fence Encroachment [12 -1D -6(D)] 349 2. Traffic Study Requirement [Proposed Amendment 12-1D-17] 350 3. Variances [12-1L-5] 351 4. Beekeeping [12 -1E -4(C)] 352 5. Park Dedication Procedure [11-5-1] 353 354 Commissioners asked questions and made suggestions regarding traffic studies. 355 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO 356 TABLE ORDINANCE NO. 467 AN ORDINANCE AMENDING SECTIONS 12-11), 12-1E, 12- 357 1L, AND 11-5 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, 358 DAKOTA COUNTY, CONCERNING VARIOUS AMENDMENTS. 359 360 Ayes:7 361 Nays:0 362 ls�t 363 Verbal Review 364 365 Planner Wall gave the following verbal review: 366 PLANNING CASE 92014-17 367 Ned Rukavina and Leslie Pilgrim, 1704 Vicki Lane 368 Front and Side Yard Setback Variances 369 • Tabled by the City Council at the July 1 and July 15 City Council Meetings 370 • Application has been withdrawn 371 372 PLANNING CASE #2014-20 373 Paul and Shannon Burke, 645 Sibley Memorial Highway 374 After -the -Fact Conditional Use Permit for Clearcutting within the Mississippi River Corridor 375 Critical Area 376 • Per request by the Planning Commission, reports have been received from a Geotechnical 377 Engineer and from a Landscape Architect. The DNR has reviewed the documents. 378 • In order to allow for extended review time and for the applicant to attend the meeting, this 379 topic has been scheduled for the October 21, 2014 City Council Meeting. 380 PLANNING CASE 92014-21 381 Tom Christ, on behalf of Will and Katie Stewart, 667 Ivy Falls Court 382 Wetlands Permit 383 0 Approved by the City Council as recommended by the Planning Commission page 17 384 PLANNING CASE 92014-23 385 SAC Wireless on behalf of AT&T, 1196 Northland Drive 386 Conditional Use Permit for Upgrades to Wireless Antenna Tower 387 Approved by the City Council as recommended by the Planning Commission 388 389 PLANNING CASE 92014-24 390 SAC Wireless on behalf of AT&T, 894 Sibley Memorial Highway 391 Conditional Use Permit for Upgrades to Wireless Antenna Tower 392 Approved by the City Council as recommended by the Planning Commission 393 394 Some form of administrative approval for the Conditional Use Permit for Upgrades to Wireless 395 Antenna Tower was met with much agreement by the City Council_ Commissioners can expect to 396 see that topic at a future meeting. 397 398 StaffAnnouncements 399 400 • The "Stand Up for Scott' benefit for slain Police Officer Scott Patrick's family will be held 401 on Saturday, September 27 from 1:00 — 10:00 P.M. at Moose Country with live music and 402 raffle drawings. 403 • This was Commissioner Robin Hennessy's final meeting as a member of the Planning 404 Commission. She began her term in 2013 and staff expressed their appreciation for her 405 service to the community and wished her and her family the best of luck in their new 406 community. 407 • The next Planning Commission meeting is October 28, 2014. 408 409 Adiournment 410 411 CHAIR FIELD ADJOURNED THE MEETING AT 8:31 P.M. page 18 6c. 1101 Victoria Curve I Mendota Hd 118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, and City Council FROM: Justin Miller, City Administrator Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Authorize Appointment of Maintenance I At a recent meeting, the city council authorized staff to begin the recruitment process to fill the Maintenance I position. A total of 28 applications were received for the position. Public Works Superintendent Terry Blum, Street Lead George Noack, Parks Lead John Boland and Utility Lead Rich Burrows and I have interviewed I candidates. We then narrowed the number down to three candidates that were brought back for more in-depth interview. Public Works Director/City Engineer John Mazzitello, Public Works Superintendent Terry Blum, Street Lead George Noack and I conducted the final interviews. John Ambrose and Tim Oster also provided each candidate a tour of the Public Works Facility. A conditional job offer has been made contingent upon receipt of results of a background check, pre-employment physical, drug test and City Council approval. It is our pleasure to recommend to you that the city council appoint Alex Roers as a Maintenance I employee for the City of Mendota Heights. Mr. Roers has experience operating bucket trucks, dump trucks, skid loader, and a number of other maintenance vehicles. Mr. Roers also has experience plowing snow. Mr. Roers will be a great addition to the Mendota Heights Public Works Department. City staff recommends that city council approve the appointment of Alex Roers as a Maintenance I employee. Date of employment will be based upon final results of his background check, physical examination and drug test. The Maintenance I position wage is $18.68 per hour based on the 2014 — 2015 Teamsters Labor Agreement. Item 2: Approval to begin the re -hire and recruitment process for winter 2014-2015 Parks & Recreational and Public Works part-time Seasonal Employees. Staff is requesting council approval to begin the re -hire and recruitment process for the Mendota Heights winter 2014-2015 parks & recreation and public works staff. page 19 Parks & Recreation: The city hires approximately 20 warming house/ice rink attendants to staff the three outdoor rinks each winter season. Staff is requesting approval to send out re -hire packets, post and recruit for the positions of Warming House/Ice Rink Attendants. Pay range is $8.25 to $9.00 per hour. Staff is also requesting approval to send out re -hire packets for the Ice Skating Instructor position. Pay range is $22.00 to $22.75 per hour. Public Works: The city hires approximately 9 ice rink flooders to flood the three outdoor rinks each winter season. Staff is requesting approval to send out re -hire packets for the Rink Flooder positions for Public Works. Pay range is $9.75 to $10.50 per hour. BUDGETIMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the actions requested above for these two items. page 20 6d. 1101 Victoria Curve I Mendota He _, to 651.452.1850 phone 1 651.452.8940 fax www.mendota•heights.com , mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Change of Date for November 41' City Council Meeting BACKGROUND November 4t would be the date for a regularly scheduled city council meeting, but since the general election is held that day, an alternate date needs to be found for this meeting. After consulting schedules, it appears that Wednesday, November 5th works as an alternate date. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the November 4, 2014 city council meeting be moved to 7:00 pm on Wednesday, November 5th. Approval of this action requires a majority vote of the city council. page 21 6e. 1101 Victoria Curve I Mendota HA9117, 1919 5 118 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police & Emergency Manager SUBJECT: Extension of Joint Powers Agreement (JPA) for Emergency Management Services BACKGROUND In October of 2013 the City Council approved a JPA with the Dakota County Sheriff's Office to work on emergency management. Included with the JPA was an addendum for the 2014 work product. Work was begun immediately on items listed in the addendum. By the end of October the city should have and updated Emergency Operations manual for distribution and exercise. This JPA will provide all of the background work necessary annually for state and federal compliance. There are no proposed changes to the JPA. The addendum has been updated to reflect the expected work product for 2015. It should be noted that the 2015 state and federal compliance rules have not yet been distributed. The work plan will be adjusted to ensure we are compliant with any new mandates. ATTACHED • 2015 JPA amendment • Addendum A City Emergency Management Deliverables • Work plan detail/projects and time/cost estimates BUDGET IMPACT The City of Mendota Heights will pay $5,148.00 for 2015. These expenses are budgeted in the emergency management budget. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Mayor and City Administrator to sign the "Amendment to Joint Powers Agreement between the County of Dakota and the City of Mendota Heights for Emergency Management Services." AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN COUNTY @FDAKOTA AND CITY OF&8ENDOTAHEIGHTS FOR EMERGENCY MANAGEMENT SERVICES WHEREAS, effective September1.2013.the County of Dakota (Courty)and the City of Mendota Heights (City) entered into aJoint Powers Agreement for the provision nfEmergency Management Services; and WHEREAS, the parties dsmina to extend the term, amend the provision of services, and increase the payment rate provision ofthe original Joint Powers Agreement; and WHEREAS, the Joint Powers Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW, THEREFORE, inconsideration of the mutual covenants contained herein the parties agree as follows: To amend Section 2, Term, to extend the Joint Powers Agreement through December 31, 2015. 2. To amend Section 5, Provision of Services, to attach Addendum #1 City Emergency Management Contract Deliverables and Work Plan for 2015 For the City of Mendota Heights. 3. Todelete Section G. Compensation, and insert inits place the : 6.1 Total Compensation.' The Qty agrees to pay the County for the Emergency Management Gan/ioen, including expenses and sales tax in on amount not to exceed Five Thousand One Hundred Forty -Eight and 00/100 ($5.148.00) ("Contract Amount"). In the event that the Agreement is further renewed under Section 3. the Contract Amount for further Renewal Terms will baagreed tobvthe parties. 6.2 Time of Payment. The County shall invoice the City on a quarterly basis for hours of Emergency Management Services rendered during the previous quarter up to the Contract Amount. Such invoicing shall continue until one of the following occurs: a The completion ofthe Work Plan; m b. Expiration ofthe Term ofthis Agreement; or C. Early termination of the Agreement pursuant to Section 2 of this Agreement; or d. The City completes payment ofthe full Contract Amount. The City shall pay such invoices within thirty (3O) days after their 63 Payment Upon Early Termination. If this Agreement katerminated prior tocompletion of the Work P|an, the City shall pay for satisfactory services performed by the County through the effective date oftermination. 4. All other terms of the Joint Powers Agreement between the County and City shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Joint Powers Agreement. G. In any case where this Amendment conflicts with the earlier Joint Powers Agreement, this page 23 IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on the dates indicated below. App ved as to form: AssistanfCounty Attorney/Date KS -13-275-006 Ks/13/ks13-275-6 amendment MH COUNTY OF DAKOTA B David Bellows Dakota County Sheriff Date of Signature CITY OF MENDOTA HEIGHTS We represent and warrant that we are authorized by law to execute this Agreement and legally bind the City. Z -0 Mayor Sandra Krebsbach Date of Signature City Administrator Justin Miller Date of Signature page 24 Addendum #1 City Emergency Management Contract Deliverables and Work Plan for 2015 For the City of Mendota Heights Minimum requested work plan requirements include: MN Homeland Security and Emergency Management ("HSEM") Compliant Emergency Operations Plan ("EOP") Emergency Operations Center Training for City Staff Selected Emergency Operations Center Drills and Exercises GENERAL CONTRACT DELIVERABLES 1. MN HSEM Compliant EOP to include any changes in State and/or Federal Requirements and the following: (Note: New IVIINWALK will be released for 2015) o Basic Plan Update o Emergency Support Functions updated as needed for the City o Sara Title 3 Hazardous Materials Section updated o Resource Section — Generic per County Plan that can be added to 2. Emergency Operating Center ("EOC") Training for City Staff — As time permits for each city. "A la Carte" Options include: o Special ESF training for ESF's 2, 6, 7, 8 & 15 o One on one Individual meetings with ESF as needed and requested o Knowledge Center Overview o Use of Incident Command System (ICS) forms o Damage Assessment Process o Scene Scope - perimeter control, credentialing, evacuation and emergency curfew laws o Disaster Documentation - Process and timeline for HSEM and FEMA compliance o EOC operations for elected officials 3. Exercises o EOC Staff Tabletop Exercise o EOC Set-up Drill - Evaluation and Recommendations o EOC Functional Exercise 4. County Emergency Management Support and Response as Needed or Requested *** Final product includes electronic copies of all materials and one (1) finished hard copy of the EOP. All copy and supply costs for development will be borne by Dakota County. page 25 WORK PLAN, DETAIL PROJECTS and TIME/COST ESTIMATES 1. EOP o Individual City meetings with EM o Initial re -draft of City EOP with new MNWALK o Meeting with EM to discuss gaps / update needs o EOP final draft o Meeting with each City to present updated EOP Estimated Hours Estimated Cost 2. EOC Basic Training o Varied - Depending on training options selected o Develop presentation Estimated Hours Estimated Cost 3. Exercises o EOC Tabletop Exercise and Development o EOC Set-up Drill and Evaluation and Development o EOC Functional Exercise and Development o AAR Report for identified gaps Estimated Hours Estimated Cost Projected Total Estimated Hours for 2016 Project Year Projected Total Estimated Project Cost for 2015 Project Year Unknowns and intangibles Scheduling conflicts with City staff could delay processes. Follow through by City staff with deliverables could delay processes. Real Events/Disasters could delay processes. 0) Hours 72 @ $361hour $2,592 12 19 31 @ $36/hour $1,116 all 40 @ $36/hour $1,440 143 Hours $5,148 page 26 6f. 1101 Victoria Curve I Mendota Height 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com MCITY O i MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: August 2014 Fire Synopsis Fire Calls The department responded to 32 calls for the month. The majority of calls were classified as false alarms or as good intent calls. Three of the calls were residential in nature, of the other calls, four were commercial calls, 16 were EMS calls, one was for mutual aid to Eagan, four were utility calls, two calls were for injury accidents, and there were two car fires. Monthly Department Training The monthly department training was conducted at the Farmdale Tank Farm. Semi-annually the department trains at the facility to rehearse emergency procedures related to a leak or fire. The training is conducted by the plant manager and safety personnel for Xcel energy. Monthly Squad Training The squad training for the month was Self -Contained Breathing Apparatus (SCBA) training. Firefighters reviewed emergency procedures related to their SCBA such as low air emergencies, SCBA malfunctions, air consumption rates, and SCBA disentanglement procedures. Firefighters also rehearsed the procedure for transmitting a mayday. MENDOTA HEIGHTS FIRE DEPARTMENT AUGUST 2014 MONTHLY REPORT FIRE CALLS NO. 14175 - 14206 NUMBER OF CALLS FIRE ALARMS DISPATCHED: NUMBER I STRUCTURE CONTENTS ACTUAL FIRES $0 Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas MEETINGS Vehicle - MH 1 Vehicle - Contract Areas SPECIAL PROJECTS Grass/Brush/No Value MH TOTAL Grass/Brush/No Value Contract MEDICAL Assist 14 Extrication HAZARDOUS SITUATION Spills/Leaks 3 Arcing/Shorting Chemical Power Line Down FALSE ALARM Residential Malfunction Commercial Malfunction 1 Unintentional - Commercial 3 Unintentional - Residential 3 Criminal GOOD INTENT Smoke Scare 1 Steam Mistaken for Smoke Other 5 MUTUAL AID 1 TOTAL CALLS 32 LOCATION OF FIRE ALARMS: TO DATE MENDOTA HEIGHTS 25 169 MENDOTA 0 4 SUNFISH LAKE 1 10 LILYDALE 5 17 OTHER 1 6 TOTAL 32 206 WORK PERFORMED HOURS TO DATE FIRE CALLS 394 3527 MEETINGS 34 264.5 DRILLS 127 1187.5 WEEKLY CLEAN-UP 32 285 SPECIAL ACTIVITY 391.5 2821.25 ADMINISTATIVE 0 0 FIRE MARSHAL 56 442 TOTALS 1034.5 8527.25 page 27 32 MISC. TOTALS TO DATE $0 $59,500 $1,020 $37,520 TOTAL MONTHLY FIRE LOSSES $0 $0 $1,020 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $1,020 $622,020 MEND. HTS. ONLY STRUCT/CONTENTS $525,000 MEND. HTS. ONLY MISCELLANEOUS $37,520 MEND. HTS. TOTAL LOSS TO DATE $562,520 BILLING FOR SERVICES LAST YEAR 123 6 6 13 6 154 LAST YEAR 2476 298.5 1244.5 304 1548 0 485.5 6356.5 MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: MEETINGS $0 TOTALS: $0 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 27 INVESTIGATIONS 0 RE -INSPECTION 5 MEETINGS 1 ADMINISTRATION 13 SPECIAL PROJECTS 10 TOTAL 56 REMARKS: SEE OTHER SIDE FOR SYNOPSIS page 28 1101 Victoria Curve I Mendota H41g76g. v » 15 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Extension of Wetland Delineation Approval for the Lemay Lake Property BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers the Minnesota Wetland Conservation Act (WCA). A wetland delineation report for the Lemay Lake Shores Property was submitted to the city for approval in 2006. The original delineation report has expired per WCA rules. The consultant revisited the site and determined the boundaries have not changed and are asking for an extension of the original report. No comments were received during the review period of the application. Resurrection Cemetery has placed fill in a small wetland which will be repaired with the Lemay Shores development. The Lemay Lake Shores property is a 80 -acre parcel on Lemay Lake in Mendota Heights. The site is located on Lemay Lake Road between Highway 13 and Mendota Heights Road. The National Wetland Inventory (NWI) data showed three potential water features on the site. BUDGET IMPACT None, this process is a judicial requirement of the city. If council accepts the report a Notice of Decision will be sent to respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army Corps.) RECOMMENDATION Staff recommends that council approve and accept the report as submitted by Kj olhaug Environmental Services Company, Inc. for their determination of wetland boundaries and direct staff to issue the Notice of Decision on the report extension. page 29 Figure 2 - Delineated Wetlands Lemay Lake Site (KES No. 2014-110) Mendota Heights, Minnesota KjOLHAUGENVIRONMENTAL SERVICES COMPANY page 30 6h. 1101 Victoria Curve I Mendota He, i5 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accepting Wetland Delineation Report for the Ratchye Property BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers the Minnesota Wetland Conservation Act (WCA). A wetland delineation report for the Ratchye property was submitted to the city for approval and acceptance. The Ratchye property is a 3.57 -acre parcel on Rogers Lake in Mendota Heights. The site is located at 2270 Wagon Wheel Court. A lot split is proposed on the site. The National Wetland Inventory (NWI) data showed two potential water features on the site. The purpose of this report was to determine if wetlands truly exist on the site. A professional consultant was hired by the developer and they determined that the features do exist and delineated the boundaries. Staff met with Dakota County SWCD, the Army Corps of Engineers, and the consultant on site and concurs with the boundaries as submitted in the report. BUDGET IMPACT None, this process is a judicial requirement of the city. If council accepts the report a Notice of Decision will be sent to respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army Corps.) RECOMMENDATION Staff recommends that council approve and accept the report as submitted by Kj olhaug Environmental Services Company, Inc. for their determination of wetland boundaries and direct staff to issue the Notice of Decision. page 31 Figure 2 - 2014 Delineated Wetlands joLHAUG ENVIRONMENTAL SERVICES COMPANY Ratchye (KES No. 2014-119) Medota Heights, Minnesota N page 32 6i. 1101 Victoria Curve I Mendota H 651.452.1850 phone 1 651.452.5940 Fax www.mendota-heig hts.corn CITY OF MENDOTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council, and City Administrator FROM: Terry Sullivan, Facility Manager SUBJECT: City Hall Roof Heat Cable and Electrical Connections BACKGROUND The roof at City Hall has an issue with severe ice dams. Staff has received bids for the installation of a heat cable system for the roof edge, gutters, downspouts and valleys. Two quotes for each service were obtained. The city hall budget has identified the heat cable installation need since 2011, and it is a budgeted capital expense in the 2014 budget. Heat Cables North/East Side South/West Side R.K. Hunter $17,150.00 $17,150.00 Dixon H.S. $24,350.00 $24,350.00 Electrical North/East Side South/West Side Wallraff Electric Co. $8,015.00 $5,845.00 Midnorthern Electric $7,595.00 $6,846.00 BUDGETIMPACT Staff recommends that proceeding with the east and north sides of the roof cable project in 2014 to fix the areas of immediate hazard. The cost for the partial improvement would be $25,165.00. Staff also recommends completion of the project in 2015. RECOMMENDATOIN If Council agrees with the staffs recommendation, pass a motion by simple majority vote authorizing staff to execute a purchase order for the attached quote. page 33 1101 Victoria Curve I Mendota Heights 6j 651.452.1850 phone 1 651.452.89- www.mendota-heights.com CITY O MENDOTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, Assistant City Engineer SUBJECT: Final Payment and Acceptance of the Mendota Heights Road Forcemain Replacement Job No. 201309 BACKGROUND: The contract work for the Mendota Heights Road Forcemain project has been completed, inspected, approved and is ready for final payment (this will start the one-year guarantee period). Total contract costs for this project is $482,261.70, not including engineering and overhead costs. The original contract amount was $505,048.23. BUDGET IMPACT: Final payment of this contract totals $14,603.84. RECOMMENDATION: Staff recommends that the city council pass a motion adopting Resolution No. 2014-63, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 201309". page 34 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2014-63 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 201309 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on October 16, 2013 with GM Contracting, Inc., of Lake Crystal, Minnesota, has satisfactorily completed the improvements for the Mendota Heights Road Forcemain Replacement, job number 201309, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $14,603.84, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 2014. ATTEST :• CITY COUNCIL CITY OF MENDOTA HEIGHTS :• Lorri Smith, City Clerk Sandra Krebsbach, Mayor page 35 6k. 1101 Victoria Curve I Mendota Hdigiin min i i5 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Authorization to Apply for Grant to Update Pilot Knob National Register Application BACKGROUND Attached to this report is a request from the Pilot Knob Preservation Association (PKPA) for the City to apply for a grant to update the application to place the Historic Pilot Knob area on the National Register of Historic Places. A portion of the grant would also be used to produce more of the brochures that the PKPA developed several years ago, as their stock is nearing depletion. The City would be the official grant applicant, but PKPA would conduct all of the work. Applying for this grant would not necessarily mean that the area would be placed on the National Register. 50% of the private landowners in the area would still need to approve of the designation. A neighborhood meeting was held with the landowners in the area, and while their level of support is not known at this time, updating the application language to reflect the city's purchase of land and efforts to restore the area to its natural setting will be worthwhile for any future National Register application process. BUDGET IMPACT The proposed grant application is for $6,000. No city funds are expected to be used for completion of this grant update and brochure production. RECOMMENDATION If council desires, a motion to authorize staff to apply for a grant from the Arts and Cultural Heritage Fund in the amount of $6,000 to update the Pilot Knob National Register of Historic Places application and to produce new brochures would be in order. Approval of this action requires a majority vote of the city council. page 36 To: Mayor Krebsbach and City Council Members c/o Justin Miller, City Administrator From: Gail Lewellan, Co-chair, Pilot Knob Preservation Association Date: October 1, 2014 Re: Authority to apply for Grant for Brochures and National Register of Historic Places Research and Writing The Pilot Knob Preservation Association (PKPA) requests that the City of Mendota Heights submit a grant proposal to the Arts and Cultural Heritage Fund (ACHF), which is administrated through the Minnesota Historical Society. The proposed grant would fund the work of preparing a current application for listing on the National Register of Historic Places and the cost of printing an additional 2,500 brochures. PKPA worked in collaboration with the City on a prior grant from the Historical Society in 2010 and that grant funded the publication of the brochure about Pilot Knob natural area, the first 10,000 of which have been distributed to the public. The deadline for submission for this cycle of grants is October 10, 2014. In 2003, an application was submitted to have a 115 acre portion of Pilot Knob added to the National Register of Historic Places. The application was approved enthusiastically by the Minnesota Historical Society's State Review Board and submitted to the Keeper of the National Register in Washington, D.C. The Keeper of the National Register determined the site to be eligible for placement on the Register. However, the parties who then had contracts to purchase or sell the land objected to the listing so the project did not proceed. The listing will not occur if a majority of private land owners object to the project. Representatives of the State Historical Society and PKPA met with local landowners recently to discuss this possibility, and landowners are considering the proposal. We have been encouraged to proceed with the application by the National Register Archaeologist with the Minnesota State Historic Preservation Office and believe that the time is right to apply for listing on the National Register. page 37 The Pilot Knob Preservation Association offers to prepare the grant proposal, with the City of Mendota Heights as the applicant for the grant. If the grant to revise the application form is received, PKPA would contract with Bruce White who prepared the original application for the National Register (along with Alan R. Woolworth who unfortunately passed away two months ago) and with Chris Soutter, who administered the ACHF grant to produce the Pocket Guide to Oheyawahi/Pilot Knob and wrote the pocket guide. In the grant proposal we expect to ask for $ 5000 to cover the cost of conducting new research, revising the original application form to describe the preservation and restoration activities to date (including land acquisition, vegetation restoration, removal of power lines and public use), preparing new maps, securing additional historic and cultural reviews and submitting the registration form. I note that the Minnesota Historical Society made a grant of $10,000 to fund a similar updating of historical information for nomination of a site in the Taylors Falls area to the National Register of Historic Places. An additional $1000 will be requested for reprinting approximate 2,500 copies of The Pocket Guide to Pilot Knob so the total grant request is proposed to be $6,000. The Pilot Knob Preservation Association will be happy to arrange for printing and work closely with the City Administrator regarding the details of the grant application and the work under the grant. If you would like to proceed, PKPA will deliver the grant application to the City Administrator for signature in time to meet the deadline for proposals. Thank you for your consideration of this proposal. page 38 61. 1101 Victoria Curve I Mendota H 118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Funding for Street Preventative Maintenance Project BACKGROUND At the June 3, 2014 city council meeting the bid was awarded for the Victoria Road and Rolling Green Neighborhood Street Improvement Project. With the approval of this bid it was proposed that an additional $100,000 of street preventative maintenance (crack sealing & chip sealing) be done with the project. It was our intention to include this with the project costs and bond for the $100,000. Once we started the process of issuing bonds it was determined that this cost could not be included because it was not originally part of the project as presented in the feasibility report. This leaves us without a funding source for the additional crack sealing. We are proposing that we use the amount included in the 2015 budget to cover these costs. We will overspend the budget for 2014 and underspend the budget in 2015. In the future, any additional street preventative maintenance that needs to be done will be included as part of the project in the feasibility report. Staff has identified additional street maintenance in the Kensington Feasibility budget. Total Costs Fundin6 Sources $181,309.45 Pearson Brothers $100,000.00 2014 Budget $67,728.40 Astech $100,000.00 2015 Budget $ 49,037.85 Infrastructure Fund Transfer $249,037.85 Total Costs $249,037.85 Total Funding The additional expense of $49,037.85 was due to the inclusion of a street (Cheyenne Lane) in the project bidding documents that was not to be included in the 2015 Crack Sealing and Chip Sealing Proj ect. BUDGETIMPACT Funding for this project is identified above. RECOMMENDATION Staff recommends that the city council authorize a transfer of $49,037.85 from the Infrasturture Fund to pay for the identified shortfall in this project. This action requires a majority vote of the city council. page 39 6m. 1101 Victoria Curve I Mendota H , :,a 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police & Emergency Manager SUBJECT: Resolution No. 2014-065 Dakota County Electronic Crimes Task Force Joint Powers Agreement (JPA) BACKGROUND In 2013 the City Council was briefed on the need to have the capacity to work on electronic devices used in the commission of crimes. Over the course of 2014 the Dakota County Chiefs of Police have worked to develop a collaborative effort to enhance the investigation of crimes in the county specifically related to gathering electronic evidence. After much discussion the purpose of the JPA Task was defined as: to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic forma and the prosecution of those conducting such illegal activities. The attached has the JPA has been reviewed by the City/County Attorney for each member. The JPA has been reviewed by the attorney Lehmann. The cities of Eagan and Lakeville will maintain their own Electronic Crime Labs. ATTACHED • JPA BUDGET IMPACT The City of Mendota Heights will pay $15,000 in 2015 to participate in the JPA Task Force. These expenses are included in the 2015 Police budget. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Mayor to sign Resolution No. 2014-065; "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT," and execute the agreement. page 40 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2014-065 RESOLUTION 2014-065 FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." WHEREAS, the City of Mendota Heights desires to have the ability to contact neighboring communities for aid assistance; and WHEREAS, the Minnesota State Statute requires a resolution to enter into a JPA; and WHEREAS, the City recognizes that the advances in technology require a continuing investment in training and resources; and WHEREAS, the City wishes to provide the highest level of service to its citizens and all victims of crime; and WHEREAS, the City understands that the ability to investigate these cases continues to exceed the capacity of the police department(s) individual investigative divisions and WHEREAS, the City understands the responsibilities vested in them to provide for the health, safety and welfare of the community; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to enter into an agreement that would expand the resources available to them and our neighbors to solve crimes. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights has by RESOLUTION 2014-065 FORMALLY AUTHORIZIED PARTICIPATION IN A JOINT POWERS AGREEMENT "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." Adopted by the City Council of the City of Mendota Heights this 7"', day of October 2014. ATTEST: LM Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 41 DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of criminal laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Electronic Crimes Task Force ("Task Force"). 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic form and the prosecution of those conducting such illegal activities. 3. Parties. The parties to this Agreement shall consist of the units of government found on Addendum A. 4. Administrative Board. 4.1 Creation and Composition. A joint powers board, known as the Electronic Crimes Task Force Administrative Board ("Board"), is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the law enforcement units of government that participates in the Task Force, appointed by their respective police chief or sheriff. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. Each member will have the opportunity to select one full-time supervisory peace officer from their jurisdiction or office to function as an alternate in the event their regular representative is unavailable. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. One employee of the Dakota County Attorney's Office shall serve the Board in an advisory capacity. 4.2 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or county attorney, or their legal successor. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. At its initial meeting after execution of this Agreement by all parties, the Board shall elect from its members a chair, a vice -chair and a secretary/treasurer. The officers shall serve in their respective positions until the first quarter of the calendar year, when Board members shall again elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. In January of each subsequent year the Board shall meet and elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. 4.4 Meetings. The Board shall meet in January of each year and shall have other regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members; except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two-thirds (2/3) of the board members at a meeting shall constitute a quorum. page 42 4.5 Voting. Each Board member shall be entitled to one vote. In the event the member's regular representative is unable to attend a meeting, their duly appointed alternative may attend and vote in their stead. Written communication must be received by the Board from the representative granting the alternate permission to vote on their behalf. Proxy voting is not permitted. The Board shall function by a majority vote of the board members present. 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall have prepared an independent audit of the books and accounts of the Task Force and shall provide an audit report to its members if any member requests a financial audit of the Task Force. 5.4 The Sheriff's Office shall provide annually a year-end review/expenditure report of the unit's activities. 5.5 The Board shall establish performance and quality control measures and periodically monitor those measures, to include ECU investigatory practices and policies. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to enter into and execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from- the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under standard LMCIT liability coverage forms. 6.7 Technology equipment required to investigate crimes and analyze evidence seized by Agents of the Task Force shall be contributed and owned by Dakota County. The Board may hold such other property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. page 43 6.8 The Board may create a policies and procedures manual for use by the Task Force. If a policy or procedure adopted by the Board conflicts with a policy or procedure of a member, that member's policy or procedure shall apply to any agent assigned by that member to the Task Force. 6.9 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. 7.1 The members intend to fund the cost of operating the Task Force through member contributions of funds and staff as agreed upon annually, and by obtaining grant funds and from restitution if available. Each year during the term of this agreement the member cities will contribute a set amount of monies to the Task Force fiscal agent to be deposited in the Task Force account, with the first annual payment due on January 5, 2015. Other members may contribute the services of licensed officers as each deems appropriate. 7.2 The Board shall adopt a budget based upon grant funds received, member financial contributions and money made available from other sources. The Board may amend the budget as needed to reflect revenue and expenditure changes. 7.3 Dakota County shall serve as the fiscal agent of the Task Force and shall account for all funds received pursuant to this Agreement according to generally accepted accounting principles. The fiscal agent shall forward reports on Task Force receipts and disbursements to the members on a regular basis. Fiscal agent responsibilities shall include, but not be limited to: management of all funds, including member contributions and grant monies, payment for contracted services and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the Board chair, vice -chair or secretary/treasurer. 7.4 The members agree to contribute their financial contributions, grant funds and dedicated licensed officers required to operate the Task Force. 7.5 All funds shall be accounted for according secretary/treasurer shall make a quarterly financial fund balances to the Board. 7.6 The Board may not incur debt. 8. Agents. to generally accepted accounting principles. The report of all expenditures and receipts, and current 8.1 Each member shall inform the Board in December of each year of the identity of the licensed peace officers to serve as Agents for the Task Force for the following calendar year. The chief law enforcement officer shall have the responsibility for determining the identity of their agency's assigned officer(s). The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents are not employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury is caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 The member appointing the Agent shall furnish the Agent with all standard department issued equipment necessary to perform all functions within their assignment. Each member shall be page 44 responsible for damages to or loss of its own equipment. Each member waives the right to sue any other member for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other member or its officers, employees or agents. 8.4 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent or Half Time Equivalent staffing assigned to the Task Force as described in Section 8.1. 9. Task Force Supervisory Oversight. The Dakota County Sheriff's Office will provide supervisory oversight of Task Force operations including case assignments, record keeping, intelligence management, management of all property seized, and the execution of stings, arrests, search warrants and similar operations performed by the Agents. 10. Indemnification and Hold Harmless. The Board shall purchase general liability insurance for activities of the Task Force as described in Section 6.7. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and this Agreement shall not be interpreted to constitute a waiver by any member of limitations on liability or immunities provided by any applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds of the Task Force. The members of this Agreement are not liable for the acts or omissions of the other members of this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other members. 11. Effective Date. This Agreement shall take full effect on January 1, 2015. Members may execute this Agreement in counterparts and need not sign the same original document. The signed Agreement shall be filed with the Board's designated fiscal agent, who shall notify all members in writing of its effective date. 12. Termination and Withdrawal. 12.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: • When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or • When a majority of members agree by resolution to terminate the agreement upon a date certain; or • On December 31, 2017, unless extended by agreement of the members. 12.2 Withdrawal. Any member may withdraw from this Agreement upon 30 days written notice to the Board. The Board shall notify the members pursuant to Section 13 of the receipt of a withdrawal notice. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 12.3 Effect of Termination. With the exclusion of technology equipment contributed and owned by Dakota County as described in Section 6.8, upon termination of this Agreement all property of the Task Force shall be sold or distributed to the members in proportion to their respective financial and staff contributions to the Task Force since its inception. Members who terminate this agreement in the first page 45 year will not have a claim to their contribution. If members terminate in the second year or thereafter they will receive a pro -rated amount based on the termination date and the amount contributed. 13. Notice. Notice of withdrawal shall be provided by first class mail to the parties listed on Addendum A. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] KS14-212 DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JPA Approved by the City Council CITY OF MENDOTA HEIGHTS Date By Date of Signature Attest Date of Signature page 46 page 47 Dakota County Electronic Crimes Task Force Joint Powers Agreement Addendum A 1. Parties. Pursuant to Section 3 of this agreement, the parties to this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Farmington City of Hastings City of Inver Grove Heights City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul Dakota County 1.1 Withdrawal of a Party. If one of these units of government elects to withdraw pursuant to Section 12.2 from this Agreement, this Agreement does not require approval from each of the parties' governing body. 1.2 Addition of a Party. If any other municipality within Dakota County or any municipality or County adjacent to Dakota County becomes a party to this Agreement, this Agreement does not require approval from each of the parties' governing body. Only this Addendum A will need approval from each of the parties' governing bodies. 1.3 Contributions. The cities of Mendota Heights, West St. Paul, South St. Paul, Farmington, Rosemount, Hastings, each contribute $15,000 annually. The cities of Burnsville and Apple Valley will each contribute a person to the unit. The City of Inver Grove Heights will contribute one half time person. page 48 6n. 1101 Victoria Curve I Mendota He, :,a 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener SUBJECT: Resolution No. 2014-58 Resolution Formally Acknowledging the Receipt of Gifts to the Mendota Heights Police Department in Sympathy and Memory of Officer Scott Patrick BACKGROUND The city auditor has advised that Minnesota State Statute 465.03 "Gifts to municipalities" requires all donations be acknowledged by resolution. This memo meets Minnesota State Statutory requirements. After Officer Scott Patrick was murdered there was a huge outpouring of sympathy and support for the police department and the Patrick family. The donations have been quite varied. All cash and checks made out to the city have been noted by finance for potential use towards a police officer memorial. The support of the community was overwhelming and donations continue to come both for the Patrick family and the police department. As more donations to the City of Mendota Heights continue to come in the council will be notified by memo and resolution. Thank you notes will be sent to the donors and along with a copy of the resolution after it has been approved by the Council. ATTACHED Resolution with list of donations. BUDGETIMPACT Purchase of thank you cards and staff time. RECOMMENDATION If Council desires to implement the recommendation, pass a motion adopting RESOLUTION No. 2014-58 "Resolution Formally Acknowledging the Receipt of Gifts to the Mendota Heights Police Department in Sympathy and Memory of Officer Scott Patrick." page 49 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2014-58 RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFTS TO THE MENDOTA HEIGHTS POLICE DEPARTMENT IN SYMPATHY AND MEMORY OF OFFICER SCOTT PATRICK WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 "Gifts to municipalities"; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations; and WHEREAS, the City of Mendota Heights Police Department wishes the Council and Citizens know how much all of the support during a difficult time was appreciated by the entire staff; and WHEREAS, the Police Officers, Support Staff, Administration, Volunteers continue to feel the support of the entire community. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights is accepting donations from the following people and organizations TO THE MENDOTA HEIGHTS POLICE DEPARTMENT IN MEMORY OF OFFICER SCOTT PATRICK. 2014 Donations to MHPD in sympathy of 2231 Name of Donor Item Donated Lawrence & Linda Eisenstadt $10.00 Norman & Ethel Smith $10.00 Theresa McDonald $10.00 Elizabeth Casey $20.00 June M. Gust $20.00 Nancy Nickell $20.00 Virginia Ruth From $20.00 Alan Stuelpner $25.00 Bobbie Lynch $25.00 J. Richard & Jill Dewey $25.00 Karen Yarmo $25.00 Mary Madsen $25.00 B.F. Humphrey $50.00 Bruce Anderson $50.00 E. Gareth Baker $50.00 Nancy Jardine $50.00 Shirley Foss $50.00 page 50 Tom and Nancy Nelson $50.00 Reynaldo Casanova Castanet $60.00 C. Stromvall & R. Stromvall $100.00 Grand Rapids Police Department $100.00 Thomas C. Huberty $100.00 Lexington Riverside Association $150.00 Ron and Phyllis Ettinger $500.00 Somerset Country Club Executive Board $1,000.00 Thomas Stillman $25.00 Mary Keil $100 donation for food Laura Vaughn- Target $100 Gift Card from Target DEUCE Tennis Club $100 Tommy Chicago's Gift Card anonymous $20 Donation for the PD Sanford & Phyllis Brody 18 Burger Moe's Gift Cards Tom Edward 2-$50 The Pizza Shop Gift Cards Plainview Police Department 25 custom pins of image of St. Michael w/blue line Jennifer Spurr— former MH reserve 30 hand -made black/blue ribbon pins Bellacu Acupuncture services to all of MHPD team through 9/30/14 Wendy Woods & Friends Bracelets and $100 Dick Gardner Clock with decal inside Ken Halverson - Retired Police Officer Coffee Caribou, Mendota Heights customer donation of 1 bag per officer Eagan Caribou, Hwy 55/Dodd Rd customers donated 125 lbs of coffee Jeanice Hazen Donated wood slice with eagle/EOW Paul Cheney Handmade wood slice with eagle/EOW Julie Bishop, South St Paul PD Photo album of the funeral Nicholas Hennes "Thank You for Your Service" wood carving Friends of the Parks and Trails of St. Paul and Ramsey County/American Bank Tree to be planted in a MH park in MH Summer of 2015 Jodie Miller Executive Dir. Town Square TV Tribute video to Officer Scott Patrick The TYE BAND Company Mike Pratt President Tye Band with Scott Patrick's name and MH Badge Jeff Wilson - Wilson Custom Tree & Wood Products Wood etched memorial with picture Las Vegas Metropolitan Police Department Happy Bucket- treats and toys Total Cash Contribution: $ 2570 Estimated Total of donations: Priceless Adopted by the City Council of the City of Mendota Heights this 7th day of October, 2014. ATTEST: RISE Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Sandra Krebsbach, Mayor -- — CITY OF MENDOTA HEIGHTS TREASURER'S REPORT AUGUST 2014�K�~ Y" BALANCE COLLATERAL American Bank Checking Account .02Y& $48.04380 Savings Account .0296 $640i38 $48.884.18 [bilateno|-Bondo $1.100.000l0 Govt Guar. $250.000.00 Investments Cost PV Saving Cert 7/28/14@O.1596Cherokee $13.953.59 $13.962.59 FHLB 2.0O96O7/3O/1S $300.000.00 $299.967.00 FHLB 1.0096U3/27/2O $350.000.00 $350.143.50 FHLN1C1.2596O3/2G/21 $300.000.00 $300.018.00 FHLB 1.25Y612/14/22 $510.000.00 $510.178.50 FHLB 1.0O9612/28/22 $700.000.00 $699.878.00 FHLB 1.2596O2/22/23 $260.000.00 $280.044.20 FHLB 1.2596O3/27/33 $255.000.00 $254.974.50 FHLB 1.12596OGClO/23 $1.750.000.00 $1.750.717.50 Goldman Sachs Bank 1.6096 12/08/14 $245.000.00 $245.436.10 GECapital Financial Inc 3.OS9611AK1G $245.000.00 $247.823.95 American Express Cent Bank 2.O59612/1/1G $245.000.00 $247.440.20 QE Capital Retail Bank 2.00% 7/6/18 $200.000.00 $199.328.00 Sallie Mae Bank 2.O5O9611/2O/18 $245.000.00 $243.738.25 BMW Bank 2.009613/11/18 $245.000.00 $243.058.75 World's Foremost Bank 2.0096O8/13/19 $200.000.00 $200.000.00 Fidelity Institutional Government Portfolio (Piper) $3.706.873.23 $3.706.873.28 Gov't.Securities Fund 2896Sold G/4 $433.187.00 $1.031.000.00 K8YNktFd (WF) $1.625.20 TOTAL FUNDS AVAILABLE 8/31/14 $10,26433236 Funds Available 1/1/2O14 $11.334.237.58 Rates Money Marke August Bank 0.0296 5Yr. Tr. 1.63% page 52 1101 Victoria Curve I Mendota Helg 6p 5118 651.452.1850 phone 1 651.452.8940 fax www,mendota-heights.com CITY OF MENDDTA HEIGHTS DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims October 7, 2014 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director 0% Claims List Summary Met Council Environmental Services — SAC & Sewer Charges Bolton & Menk — Victoria Road & Storm Sewer Work GM Contracting — Forcemain Project League of MN Cities — Membership Dues MHAA — 2014 Contribution Mansfield Oil Company — Fuel Mendota Heights Fire Relief Association — 2014 Fire Aid Pearson Brothers — 2014 Crack Sealing City of St Paul — Hunter/Orchard Project Stonebrooke Equipment — Snowplow P. Works Truck Manual Checks Total System Checks Total Total for the list of claims for the October 7, 2014 city council meeting RECOMMENDATION: Approval of the list of claims for October 7, 2014. $ 91,130.04 $ 7,768.00 $ 14,603.84 $ 9,734.00 $ 10,000.00 $ 17,574.54 $ 90,243.73 $ 181,309.45 $ 255,390.81 $ 5,156.55 $ 125,909.23 $ 706,612.48 $ 832,521.71 page 53 CITY OF MENDOTA HEIGHTS 10/02/14 11:21 AM Claims List Page 1 MANUALCHECKS 09/30/14 MAN Account Comments DEPT Descr Amount Search Name DAKOTA COUNTY RECORDER E 01-4220-080-80 VOID # 084773 Planning -$230.00 E 14-4490-000-00 VOID # 084773 Spec Fds -$5,136.00 Search Name DAKOTA COUNTY RECORDER -$5,366.00 Search Name EAGAN HARDWARE HANK E 01-4305-050-50 VOID #084777 Road & Bridges Search Name EAGAN HARDWARE HANK Search Name HENNEPIN COUNTY WARRANTS G 01-2030 WARRANT MONEY - #14000629 Search Name HENNEPIN COUNTY WARRANTS Search Name I C M A RETIREMENT 457 G 01-2072 09/12/2014 PAYROLL G 01-2073 09/26/2014 PAYROLL G 01-2073 09/12/2014 PAYROLL G 01-2072 09/26/2014 PAYROLL Search Name I C M A RETIREMENT 457 Search Name MENDOTA HEIGHTS GENERAL ACCT. G 01-1021 REPLENISH PETTY CASH Search Name MENDOTA HEIGHTS GENERAL ACCT. Search Name METRO COUNCIL ENVIRONMENT SVC E 15-4449-060-60 OCT 2014 SEWER SERVICE Utility Enterprise R 15-3320 AUG 2014 SAC CHARGES R 15-3615 AUG 2014 SAC CHARGES Search Name METRO COUNCIL ENVIRONMENT SVC Search Name MN FIRE SERVICE CERTIFICATION E 01-4403-030-30 FIREFIGHTER RECERTEFICATION Fire Search Name MN FIRE SERVICE CERTIFICATION Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 09/26/2014 PAYROLL G 01-2072 09/12/2014 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name P 0 S T BOARD E 01-4220-020-20 POST LICENSE - R. NELSON Police Search Name P 0 S T BOARD Search Name SAM S CLUB E 01-4305-070-70 E 01-4305-050-50 E 45-4310-210-45 E 45-4310-210-45 E 45-4305-045-45 E 45-4310-210-45 E 15-4305-060-60 Search Name SAM S CLUB OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP CONCESSIONS - PAR3 CONCESSIONS - PAR3 GOLF SUPPLIES CONCESSIONS - PAR3 OPERATING SUPPLIES - SHOP Parks & Recreation Road & Bridges Golf Course Golf Course Golf Course Golf Course Utility Enterprise Search Name SUN LIFE E 01-4131-050-50 OCTOBER 2014 PREMIUM Road & Bridges -$71.92 -$71.92 $78.00 $78.00 $483.99 $192.00 $192.00 $483.99 $1,351.98 $471.60 $471.60 $86,209.74 $4,970.00 -$49.70 $91,130.04 •$120.00 $120.00 $50.00 $50.00 $100.00 $90.00 $90.00 $21.40 $21.41 $282.81 $416.33 $234.92 $63.77 $21.40 $1,062.04 $247.13 Search Name SW/WC SERVICE COOPERATIVES E 01-4131-020-20 OCTOBER 2014 HEALTH PREMIUM page 54 $16,305.50 CITY OF MENDOTA HEIGHTS 10/02/14 11:21 AM $2,145.00 Page 2 OCTOBER 2014 HEALTH PREMIUM Claims List $3,488.00 E 01-4131-050-50 MANUALCHECKS Road & Bridges $1,670.00 09/30/14 MAN OCTOBER 2014 HEALTH PREMIUM Account Comments DEPT Descr Amount E 05-4131-105-15 OCTOBER 2014 PREMIUM Engineering Enterprise $114.81 E 08-4131-000-00 OCTOBER 2014 PREMIUM Spec Fds $84.05 E 15-4131-060-60 OCTOBER 2014 PREMIUM Utility Enterprise $89.50 G 01-2071 OCTOBER 2014 PREMIUM $1,334.78 E 01-4131-070-70 OCTOBER 2014 PREMIUM Parks & Recreation $185.36 E 01-4131-020-20 OCTOBER 2014 PREMIUM Police $396.35 E 01-4131-110-10 OCTOBER 2014 PREMIUM Administration $302.89 G 01-2074 JULY -OCT 2014 PREMIUM $338.29 Search Name SUN LIFE $3,093.16 Search Name SW/WC SERVICE COOPERATIVES E 01-4131-020-20 OCTOBER 2014 HEALTH PREMIUM Police $16,305.50 G 01-2074 OCTOBER 2014 HEALTH PREMIUM $2,145.00 E 01-4131-110-10 OCTOBER 2014 HEALTH PREMIUM Administration $3,488.00 E 01-4131-050-50 OCTOBER 2014 HEALTH PREMIUM Road & Bridges $1,670.00 E 01-4131-070-70 OCTOBER 2014 HEALTH PREMIUM Parks & Recreation $1,364.50 E 05-4131-105-15 OCTOBER 2014 HEALTH PREMIUM Engineering Enterprise $4,268.50 G 01-2071 OCTOBER 2014 HEALTH PREMIUM $4,491.00 Search Name SW/WC SERVICE COOPERATIVES $33,732.50 Search Name UNITED WAY OF ST. PAUL G 01-2070 09/26/2014 PAYROLL $47.89 G 01-2070 09/12/2014 PAYROLL $47.89 Search Name UNITED WAY OF ST. PAUL $95.78 Search Name XCEL ENERGY E 01-4212-320-70 AUG 2014 UTILITIES - PARKS Parks & Recreation $9.62 E 01-4211-320-70 AUG 2014 UTILITIES - PARKS Parks & Recreation $12.43 Search Name XCEL ENERGY $22.05 $125,909.23 page 55 CITY OF MENDOTA HEIGHTS 10/02/14 11:26 AM Page 1 Claims List SYSTEM CHECKS 10/07/14PAY Account Comments DEPT Descr Amount Search Name AIRGAS USA, LLC. E 01-4330-490-50 EQUIPMENT REPAIR SUPPLIES - STREETS Road & Bridges $110.00 Search Name AIRGAS USA, LLC. $110.00 Search Name ALLIANCE BENEFIT GROUP E 01-4490-110-10 AUG 2014 COBRA ADMIN. FEE Administration $10.00 Search Name ALLIANCE BENEFIT GROUP $10.00 Search Name AMERICAN TEST CENTER E 01-4268-030-30 ANNUAL LADDER INSPECTIONS Fire $288.00 Search Name AMERICAN TEST CENTER $288.00 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 E 45-4335-045-45 MAT SERVICE - PAR3 Golf Course $56.61 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 $211.79 Search Name ARBOR HILL TREE FARM E 27-4460-788-00 VICTORIA RD PROJECT WORK Spec Fds $1,950.00 Search Name ARBOR HILL TREE FARM $1,950.00 Search Name ARROW MOWER INC. E 01-4330-490-70 EQUIPMENT REPAIR PARTS - Parks & Recreation $12.64 Search Name ARROW MOWER INC. $12.64 Search Name ASCHENBRENER, MICHAEL E 01-4490-020-20 SUPPLIES - PD Police $53.56 E 01-4410-020-20 UNIFORM SHOES - M. ASCHENBRENER Police $114.74 Search Name ASCHENBRENER, MICHAEL $168.30 Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 OCT 2014 LTD PREMIUM Fire $153.16 Search Name ASSURANT EMPLOYEE BENEFITS $153.16 Search Name B C A -TRAINING & EDUCATION E 01-4400-020-20 COURSE - K. HENNING Police $115.00 Search Name B C A -TRAINING & EDUCATION $115.00 Search Name BOLTON & MENK INC E 29-4220-000-00 STORM SEWER CONSULTING Spec Fds $705.00 E 27-4220-788-00 VICTORIA RD PROJECT Spec Fds $7,063.00 Search Name BOLTON & MENK INC $7,768.00 Search Name BOYER TRUCK PARTS E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $91.82 Search Name BOYER TRUCK PARTS $91.82 Search Name BREDEMUS HARDWARE COMPANY, INC E 01-4335-315-30 BLDG REPAIRS - FIRE HALL Fire $110.00 E 08-4335-000-00 BLDG REPAIRS - CITY HALL Spec Fds $340.00 Search Name BYRNES, KEVIN E 01-4490-080-80 3RD QTR ARC MEETINGS Planning page 56 CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM $75.00 Search Name C. DARLENE OEHLKE, CAP Page 2 Claims List E 01-4220-080-80 09/23/14 PLANNING COMM. MTG Planning SYSTEM CHECKS E 01-4220-110-10 09/16/14 CITY COUNCIL MTG Administration 10/07/14PAY Search Name C. DARLENE OEHLKE, CAP Account Comments DEPT Descr Amount Search Name BREDEMUS HARDWARE COMPANY, INC E 01-4410-020-20 UNIFORMS CLEANING - PD $450.00 Search Name BRYAN ROCK PRODUCTS Search Name CAMELOT CLEANERS E 01-4330-215-70 PARK MAINTENANCE MATERIALS Parks & Recreation $1,249.16 Search Name BRYAN ROCK PRODUCTS E 01-4301-020-20 COMPUTER EQUIPMENT - PD $1,249.16 Search Name BUSINESS FORMS & ACCTG E 01-4301-114-14 COMPUTER EQUIPMENT - IT Info Tech E 01-4300-110-10 PAYROLL CHECKS PRINTING Administration $19.29 E 01-4300-020-20 PAYROLL CHECKS PRINTING Police $15.43 E 01-4300-070-70 PAYROLL CHECKS PRINTING Parks & Recreation $81.03 E 01-4300-050-50 PAYROLL CHECKS PRINTING Road & Bridges $30.87 E 45-4300-045-45 PAYROLL CHECKS PRINTING Golf Course $46.30 Search Name BUSINESS FORMS & ACCTG Search Name CHAMPION PLUMBING $192.92 Search Name BYRNES, KEVIN E 01-4490-080-80 3RD QTR ARC MEETINGS Planning $75.00 Search Name BYRNES, KEVIN $75.00 Search Name C. DARLENE OEHLKE, CAP E 01-4220-080-80 09/23/14 PLANNING COMM. MTG Planning $133.40 E 01-4220-110-10 09/16/14 CITY COUNCIL MTG Administration $96.60 Search Name C. DARLENE OEHLKE, CAP $230.00 Search Name CAMELOT CLEANERS E 01-4410-020-20 UNIFORMS CLEANING - PD Police $95.25 Search Name CAMELOT CLEANERS $95.25 Search Name CDW GOVERNMENT, INC E 01-4301-020-20 COMPUTER EQUIPMENT - PD Police $412.08 E 01-4301-114-14 COMPUTER EQUIPMENT - IT Info Tech $328.12 Search Name CDW GOVERNMENT, INC $740.20 Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $62.24 E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $19.34 Search Name CENTRAL IRRIGATION SUPPLY $81.58 Search Name CHAMPION PLUMBING R 01-3254 PERMIT REFUND - #7179 $25.00 R 01-3315 PERMIT REFUND - #7179 $5.00 Search Name CHAMPION PLUMBING $30.00 Search Name COMCAST E 45-4210-045-45 SEPT 2014 SERVICE - PAR3 Golf Course $190.23 Search Name COMCAST $190.23 Search Name COOL AIR MECHANICAL, INC. E 08-4335-000-00 HVAC REPAIRS - CITY HALL Spec Fds $2,550.00 Search Name COOL AIR MECHANICAL, INC. $2,550.00 Search Name CRYSTEEL E 01-4620-070-70 NEW PARKS TRUCK EQUIPMENT Parks & Recreation $2,488.06 Search Name CRYSTEEL $2,488.06 Search Name CUB FOODS E 01-4305-030-30 SUPPLIES - FIRE DEPT Fire $22.61 Search Name DAKOTA COUNTY PT & R E 01-4240-110-10 2014 TNT PUBLICATION Administration page 57 Search Name DAKOTA COUNTY PT & CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM $880.57 Search Name DAKOTA COUNTY RECORDER Page 3 E 14-4490-000-00 Claims List Spec Fds $5,136.00 E 01-4220-080-80 SYSTEM CHECKS Planning $230.00 Search Name DAKOTA COUNTY RECORDER 10/07/14PAY $5,366.00 Search Name DELL MARKETING L.P. Account Comments DEPT Descr Amount Search Name CUB FOODS Info Tech $46.49 $22.61 Search Name CUMMINS NORTH CENTRAL $46.49 Search Name DELTA DENTAL E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $37.55 Search Name CUMMINS NORTH CENTRAL $217.80 $37.55 Search Name DAKOTA COMMUNICATIONS CENTER $301.30 G 01-2071 E 01-4275-020-20 OCTOBER 2014 DCC FEE Police $16,835.00 E 01-4275-030-30 OCTOBER 2014 DCC FEE Fire $535.00 Search Name DAKOTA COMMUNICATIONS CENTER $192.40 $17,370.00 Search Name DAKOTA COUNTY FINANCIAL SERVIC $736.90 E 01-4131-110-10 E 01-4275-030-30 JUNE 2014 RADIO SUBSCRIBER FEES Fire $653.24 E 15-4200-610-60 JULY 2014 RADIO SUBSCRIBER FEES Utility Enterprise $23.33 E 01-4275-020-20 JULY 2014 RADIO SUBSCRIBER FEES Police $863.21 E 01-4200-610-70 JULY 2014 RADIO SUBSCRIBER FEES Parks & Recreation $93.32 E 01-4200-610-50 JULY 2014 RADIO SUBSCRIBER FEES Road & Bridges $163.31 E 01-4275-030-30 JULY 2014 RADIO SUBSCRIBER FEES Fire $653.24 E 05-4200-610-15 JULY 2014 RADIO SUBSCRIBER FEES Engineering Enterpris $69.99 E 05-4200-610-15 JUNE 2014 RADIO SUBSCRIBER FEES Engineering Enterpris $69.99 E 15-4200-610-60 JUNE 2014 RADIO SUBSCRIBER FEES Utility Enterprise $23.33 E 01-4200-610-50 JUNE 2014 RADIO SUBSCRIBER FEES Road & Bridges $163.31 E 01-4275-020-20 JUNE 2014 RADIO SUBSCRIBER FEES Police $863.21 E 01-4200-610-70 JUNE 2014 RADIO SUBSCRIBER FEES Parks & Recreation $93.32 Search Name DAKOTA COUNTY FINANCIAL SERVIC $3,732.80 Search Name DAKOTA COUNTY PT & R E 01-4240-110-10 2014 TNT PUBLICATION Administration $880.57 Search Name DAKOTA COUNTY PT & R $880.57 Search Name DAKOTA COUNTY RECORDER E 14-4490-000-00 SPECIAL ASSESSMENTS FEE - REISSUE Spec Fds $5,136.00 E 01-4220-080-80 MAY 2014 ABSTRACT FEES Planning $230.00 Search Name DAKOTA COUNTY RECORDER $5,366.00 Search Name DELL MARKETING L.P. E 01-4301-114-14 COMPUTER SUPPLIES Info Tech $46.49 Search Name DELL MARKETING L.P. $46.49 Search Name DELTA DENTAL E 15-4131-060-60 OCT 2014 DENTAL PREMIUM Utility Enterprise $217.80 E 01-4131-070-70 OCT 2014 DENTAL PREMIUM Parks & Recreation $301.30 G 01-2071 OCT 2014 DENTAL PREMIUM $1,223.30 E 08-4131-000-00 OCT 2014 DENTAL PREMIUM Spec Fds $41.75 E 05-4131-105-15 OCT 2014 DENTAL PREMIUM Engineering Enterpris $192.40 E 01-4131-020-20 OCT 2014 DENTAL PREMIUM Police $736.90 E 01-4131-110-10 OCT 2014 DENTAL PREMIUM Administration $259.55 G 01-2074 OCT 2014 DENTAL PREMIUM $167.00 E 01-4131-050-50 OCT 2014 DENTAL PREMIUM Road & Bridges $343.05 Search Name DELTA DENTAL $3,483.05 Search Name DONOVAN, SUSAN E 01-4301-114-14 COMP. SOFTWARE AND EQUIPMENT Info Tech $73.04 Search Name DONOVAN, SUSAN $73.04 page 58 CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM Page 4 Claims List SYSTEM CHECKS 10/07/14PAY Account Comments DEPT Descr Amount Search Name DUNN, BILL E 01-4490-080-80 3RD QTR 2014 ARC MEETINGS Planning $75.00 Search Name DUNN, BILL $75.00 Search Name EAGAN HARDWARE HANK E 01-4305-050-50 OPERATING SUPPLIES - REISSUE Road & Bridges $71.92 Search Name EAGAN HARDWARE HANK $71.92 Search Name ECLIPSE GLOBAL TRANSPORTATION E 01-4480-110-10 LINE OF DUTY DEATH EXPENSE Administration $980.40 Search Name ECLIPSE GLOBAL TRANSPORTATION $980.40 Search Name ELECTRO WATCHMAN E 01-4210-050-50 QUARTERLY SECURITY MONITORING - PW Road & Bridges $110.00 E 01-4210-070-70 QUARTERLY SECURITY MONITORING - PW Parks & Recreation $110.00 E 15-4210-060-60 QUARTERLY SECURITY MONITORING - PW Utility Enterprise $110.00 Search Name ELECTRO WATCHMAN $330.00 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01-4305-020-20 EQUIPMENT INSTALL - PD Police $340.00 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG $340.00 Search Name EVANS, JACK E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS Parks & Recreation $25.00 Search Name EVANS, JACK $25.00 Search Name FACTORY MOTOR PARTS E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $34.03 Search Name FACTORY MOTOR PARTS $34.03 Search Name FASTENAL INDUSTRIAL & CONSTR E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $144.91 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $144.91 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $144.91 Search Name FASTENAL INDUSTRIAL & CONSTR $434.73 Search Name FASTSIGNS E 01-4420-050-50 STREET SIGNS Road & Bridges $189.90 Search Name FASTSIGNS $189.90 Search Name FIELD, LITTON JR E 01-4490-080-80 3RD QTR PLANNING COMM. MTGS Planning $75.00 Search Name FIELD, LITTON JR $75.00 Search Name FIRST IMPRESSIONS E 01-4268-030-30 2013 ANNUAL FIRE REPORT Fire $2,823.00 Search Name FIRST IMPRESSIONS $2,823.00 Search Name FLEET SERVICES E 01-4200-610-20 AUG 2014 SQUAD LEASES Police $4,565.68 Search Name FLEET SERVICES $4,565.68 Search Name FLEE'PRIDE E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $21.00 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $6.34 page 59 CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM Page 5 Claims List SYSTEM CHECKS 10/07114PAY Account Comments DEPT Descr Amount Search Name FLEETPRIDE $27.34 Search Name FLEXIBLE PIPE TOOL E 15-4330-490-60 EQUIPMENT - SEWER Utility Enterprise $325.50 Search Name FLEXIBLE PIPE TOOL $325.50 Search Name FLOEDER, DICK E 27-4460-788-00 VICTORIA RD PROJECT REPAIRS Spec Fds $130.00 Search Name FLOEDER, DICK $130.00 Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $18.95 Search Name FRONTIER AG & TURF $18.95 Search Name GERTENS GREENHOUSE E 01-4330-215-70 CHEMICALS - PARKS Parks & Recreation $99.80 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $325.98 Search Name GERTENS GREENHOUSE $425.78 Search Name GM CONTRACTING, INC. E 15-4460-789-00 FORCEMAIN REPLACEMENT Spec Fds $14,603.84 Search Name GM CONTRACTING, INC. $14,603.84 Search Name GRAINGER E 01-4335-310-70 BLDG EQUIPMENT - PW Parks & Recreation $232.43 E 08-4335-000-00 BLDG EQUIPMENT - CITY HALL Spec Fds $61.88 Search Name GRAINGER $294.31 Search Name GRANNIS & HAUGE, P.A. E 01-4222-120-20 JULY 2014 LEGAL SERVICES Police $5,356.00 E 01-4222-120-20 AUGUST 2014 LEGAL SERVICES Police $5,356.00 Search Name GRANNIS & HAUGE, P.A. $10,712.00 Search Name HEALTHEAST TRANSPORTATION E 01-4305-020-20 BLOOD ALCOHOL DRAW Police $85.00 Search Name HEALTHEAST TRANSPORTATION $85.00 Search Name HENNES, DOUG E 01-4490-080-80 3RD QTR PLANNING COMM. MTGS Planning $75.00 Search Name HENNES, DOUG $75.00 Search Name HENNESSY, JOSEPH G 15-1150 SEWER ACCOUNT CREDIT REFUND $11.25 Search Name HENNESSY, JOSEPH $11.25 Search Name HENNESSY, ROBIN E 01-4490-080-80 3RD QTR PLANNING COMM. MTGS Planning $50.00 Search Name HENNESSY, ROBIN $50.00 Search Name HINDERSCHEID, PAT E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS Parks & Recreation $50.00 Search Name HINDERSCHEID, PAT $50.00 Search Name HIRSHFIELD S PAINT & MFG INC E 01-4330-215-70 FIELD STRIPING PAINT Parks & Recreation $912.00 Search Name HIRSHFIELD S PAINT & MFG INC $912.00 page 60 CITY OF MENDOTA HEIGHTS 10/02/14 11:26 AM Page 6 Claims List SYSTEM CHECKS 10107114PAY Account Comments DEPT Descr Amount Search Name HOME DEPOT CREDIT SERVICES E 01-4305-070-70 OPEARTING SUPPLIES - PARKS Parks & Recreation $66.87 E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $13.06 E 08-4335-000-00 SUPPLIES - CM HALL Spec Fds $9.97 E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $27.60 E 08-4335-000-00 CARPET CLEANER RENTAL - CITY HALL Spec Fds -$28.00 E 08-4335-000-00 CARPET CLEANER RENTAL - CITY HALL Spec Fds $50.00 E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $60.33 E 01-4330-215-70 HOCKEY RINK MATERIALS Parks & Recreation $841.66 E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $9.97 Search Name HOME DEPOT CREDIT SERVICES $1,051.46 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-070-70 OFFICE SUPPLIES - PAPER Parks & Recreation $55.85 E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $22.28 E 01-4300-050-50 OFFICE SUPPLIES - PW Road & Bridges $14.14 E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT Fire $5.77 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $27.84 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $27.84 E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $27.36 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $93.50 E 01-4300-080-80 OFFICE SUPPLIES - PAPER Planning $71.80 E 01-4300-040-40 OFFICE SUPPLIES - PAPER Code Enforcement/Ins $79.78 E 01-4300-030-30 OFFICE SUPPLIES - PAPER Fire $23.93 E 01-4300-020-20 OFFICE SUPPLIES - PAPER Police $79.78 E 01-4300-110-10 OFFICE SUPPLIES - PAPER Administration $414.86 E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $14.13 E 05-4300-105-15 OFFICE SUPPLIES - PAPER Engineering Enterpris $47.87 E 15-4300-060-60 OFFICE SUPPLIES - PAPER Utility Enterprise $23.93 Search Name INNOVATIVE OFFICE SOLUTIONS $1,030.66 Search Name INTEGRA TELECOM E 01-4210-110-10 SEP -OCT 2014 TELEPHONE SERVICE Administration $332.42 E 15-4210-060-60 SEP -OCT 2014 TELEPHONE SERVICE Utility Enterprise $249.68 E 01-4210-070-70 SEP -OCT 2014 TELEPHONE SERVICE Parks & Recreation $42.54 E 01-4210-050-50 SEP -OCT 2014 TELEPHONE SERVICE Road & Bridges $42.54 E 01-4210-020-20 SEP -OCT 2014 TELEPHONE SERVICE Police $127.52 E 05-4210-105-15 SEP -OCT 2014 TELEPHONE SERVICE Engineering Enterpris $166.21 E 01-4210-040-40 SEP -OCT 2014 TELEPHONE SERVICE Code Enforcement/Ins $66.48 E 01-4210-020-20 SEP -OCT 2014 TELEPHONE SERVICE Police $265.93 Search Name INTEGRA TELECOM $1,293.32 Search Name INVER GROVE FORD E 01-4330-490-70 TIRES - PARKS Parks & Recreation $705.28 E 01-4330-490-50 TIRES - STREETS Road & Bridges $705.28 Search Name INVER GROVE FORD $1,410.56 Search Name JANI-KING OF MINNESOTA, INC. E 01-4335-315-30 SEPT 2014 SERVICE - FIRE HALL Fire $200.00 Search Name JANI-KING OF MINNESOTA, INC. $200.00 Search Name K D V E 01-4220-130-30 2013 AUDIT - FIRE DEPT Fire $1,800.00 page 61 CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM Page 7 Claims List SYSTEM CHECKS 10/07/14PAY Account Comments DEPT Descr Amount Search Name K D V $1,800.00 Search Name KAT KEYS E 01-4335-310-70 BLDG REPAIRS - PARKS Parks & Recreation $100.00 E 01-4305-070-70 OPEARTING SUPPLIES - PARKS Parks & Recreation $23.40 E 08-4335-000-00 KEYS - CITY HALL Spec Fds $16.50 Search Name KAT KEYS $139.90 Search Name KIPP, IRA E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS Parks & Recreation $75.00 Search Name KIPP, IRA $75.00 Search Name KIRVIDA FIRE, INC E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT Fire $2,225.00 Search Name KIRVIDA FIRE, INC $2,225.00 Search Name KREMER SERVICES, LLC E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $2,242.69 E 01-4330-490-50 DOT INSPECTION Road & Bridges $87.95 Search Name KREMER SERVICES, LLC $2,330.64 Search Name L E L S G 01-2075 OCT 2014 UNION DUES $495.00 Search Name L E L S $495.00 Search Name LAWSON PRODUCTS, INC E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $24.77 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $24.76 E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $24.77 Search Name LAWSON PRODUCTS, INC $74.30 Search Name LEAGUE MN CITIES E 01-4400-110-10 MEETINGS - J. MILLER Administration $40.00 E 01-4404-110-10 2014 CITY MEMBERSHIP Administration $3,231.33 G 01-1215 2015 CITY MEMBERSHIP $6,462.67 Search Name LEAGUE MN CITIES $9,734.00 Search Name LEVINE, STEPHANIE E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS Parks & Recreation $75.00 Search Name LEVINE, STEPHANIE $75.00 Search Name LEXISNEXIS E 01-4223-020-20 AUG 2014 SERVICE Police $50.00 Search Name LEXISNEXIS $50.00 Search Name LOGIS E 01-4223-020-20 APPLICATION SUPPORT - PD Police $2,272.00 E 01-4301-030-30 APPLICATION SUPPORT - FIRE DEPT Fire $55.00 Search Name LOGIS $2,327.00 Search Name LORBERBAUM, SALLY E 01-4490-080-80 3RD QTR ARC MEETINGS Planning $50.00 Search Name LORBERBAUM, SALLY $50.00 Search Name LUBE -TECH G 01-1210 MOTOR OIL/WASHER FLUID $1,186.72 page 62 CITY OF MENDOTA HEIGHTS 10/02/14 11:26 AM Page 8 Claims List SYSTEM CHECKS 10/07/14PAY Account Comments DEPT Descr Amount G 01-1210 DRUM DEPOSIT RETURN -$60.00 G 01-1210 MOTOR OIL $516.70 Search Name LUBE -TECH $1,643.42 Search Name M H A A E 01-4435-200-70 2014 CONTRIBUTION Parks & Recreation $10,000.00 Search Name M H A A $10,000.00 Search Name M T I DISTRIBUTING COMPANY E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $64.98 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $10.20 Search Name M T I DISTRIBUTING COMPANY $75.18 Search Name MAGNUSON, MARY E 01-4490-080-80 3RD QTR PLANNING COMM. MTGS Planning $75.00 Search Name MAGNUSON, MARY $75.00 Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL - DIESEL $5,837.02 G 01-1210 FUEL - GASOLINE $11,737.52 Search Name MANSFIELD OIL COMPANY $17,574.54 Search Name MARTIN-MCALLISTER E 01-4220-020-20 PERSONNEL EVALUATIONS - PD Police $3,500.00 Search Name MARTIN-MCALLISTER $3,500.00 Search Name MENARDS E 27-4460-788-00 VICTORIA RD PROJECT SUPPLIES Spec Fds $7.17 E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL Spec Fds $58.23 G 45-2035 CLEANING SUPPLIES - PAR3 -$0.61- E 45-4305-045-45 CLEANING SUPPLIES - PAR3 Golf Course $9.49 G 45-2035 EQUIPMENT REPAIR MATERIALS - PAR3 -$4.08 E 15-4330-490-60 EQUIPMENT REPAIR SUPPLIES - SEWER Utility Enterprise $134.81 E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL Spec Fds $18.04 E 45-4330-490-45 EQUIPMENT REPAIR MATERIALS - PAR3 Golf Course $63.43 E 01-4305-050-50 OPEARTING SUPPLIES - STREETS Road & Bridges $10.71 E 01-4420-050-50 STREET SIGN SUPPLIES Road& Bridges $17.14 Search Name MENARDS $314.33 Search Name MENDOTA HEIGHTS FIRE RELIEF E 06-4490-000-00 2014 FIRE STATE AID Spec Fds $90,243.73 Search Name MENDOTA HEIGHTS FIRE RELIEF $90,243.73 Search Name METRO AREA MGMT ASSOCIATION E 01-4400-110-10 SEMINAR - J. MILLER Administration $20.00 Search Name METRO AREA MGMT ASSOCIATION $20.00 Search Name METRO SALES E 01-4300-020-20 PRINTER CARTRIDGE - PD Police $371.50 Search Name METRO SALES $371.50 Search Name MIKE MCPHILLIPS INC E 01-4424-050-50 STREET SWEEPING Road & Bridges $1,372.50 Search Name MIKE MCPHILLIPS INC $1,372.50 Search Name MN BENEFIT ASSN E 01-4131-050-50 G 01-2073 Search Name MN BENEFIT ASSN Search Name MN GLOVE INC E 01-4305-050-50 Search Name MN GLOVE INC Search Name MN MAYORS ASSN E 01-4490-109-09 G 01-1215 Search Name MN MAYORS ASSN OCT 2014 PREMIUM OCT 2014 PREMIUM OPERATING SUPPLIES - STREETS 2014 MEMBERSHIP - S. KREBSBACH 2015 MEMBERSHIP - S. KREBSBACH Search Name MN ST ADMIN ITG TELECOM SRVCE E 01-4220-133-10 AUG 2014 WAN SERVICE E 01-4223-020-20 AUG 2014 WAN SERVICE Search Name MN ST ADMIN ITG TELECOM SRVCE Search Name MNPEA G 01-2075 OCT 2014 UNION DUES Search Name MNPEA Search Name NATURE CALLS, INC E 01-4200-610-70 AUG 2014 RENTALS - PARKS E 45-4200-610-45 AUG 2014 RENTALS- PAR3 G 45-2035 AUG 2014 RENTALS - PAR3 Search Name NATURE CALLS, INC Search Name NCPERS GROUP LIFE INS. G 01-2071 OCT 2014 PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NEUHARTH, JIM E 01-4490-080-80 Search Name NEUHARTH, JIM Search Name NOONAN, MICHAEL E 01-4490-080-80 Search Name NOONAN, MICHAEL Search Name NORLING, GINA E 01-4490-080-80 3RD QTR ARC MEETINGS 3RD QTR PLANNING COMM. MTGS 3RD QTR ARC MEETINGS Road & Bridges Road & Bridges City Council Administration Police Parks & Recreation Golf Course Planning Planning Planning $11.82 $14.95 $26.77 $155.36 $155.36 $10.00 $20.00 $30.00 $111.00 $125.81 $236.81 $78.00 $78.00 $798.00 $60.92 -$3.92 $855.00 $80.00 $80.00 $75.00 $75.00 $75.00 $75.00 $75.00 page 63 CITY OF MENDOTA HEIGHTS 10/02/14 11:26 AM Page 9 Claims List SYSTEM CHECKS 10/07/14PAY Account Comments DEPT Descr Amount Search Name MILLER, DAVID E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS . Parks & Recreation $50.00 Search Name MILLER, DAVID $50.00 Search Name MILLER, JUSTIN E 01-4400-110-10 CONF. EXPENSES - J. MILLER Administration $842.85 Search Name MILLER, JUSTIN $842.85 Search Name MINNESOTA WISCONSIN PLAYGROUND E 01-4330-215-70 WOOD FIBER - PLAYGROUNDS Parks & Recreation $3,843.75 Search Name MINNESOTA WISCONSIN PLAYGROUND $3,843.75 Search Name MN BENEFIT ASSN E 01-4131-050-50 G 01-2073 Search Name MN BENEFIT ASSN Search Name MN GLOVE INC E 01-4305-050-50 Search Name MN GLOVE INC Search Name MN MAYORS ASSN E 01-4490-109-09 G 01-1215 Search Name MN MAYORS ASSN OCT 2014 PREMIUM OCT 2014 PREMIUM OPERATING SUPPLIES - STREETS 2014 MEMBERSHIP - S. KREBSBACH 2015 MEMBERSHIP - S. KREBSBACH Search Name MN ST ADMIN ITG TELECOM SRVCE E 01-4220-133-10 AUG 2014 WAN SERVICE E 01-4223-020-20 AUG 2014 WAN SERVICE Search Name MN ST ADMIN ITG TELECOM SRVCE Search Name MNPEA G 01-2075 OCT 2014 UNION DUES Search Name MNPEA Search Name NATURE CALLS, INC E 01-4200-610-70 AUG 2014 RENTALS - PARKS E 45-4200-610-45 AUG 2014 RENTALS- PAR3 G 45-2035 AUG 2014 RENTALS - PAR3 Search Name NATURE CALLS, INC Search Name NCPERS GROUP LIFE INS. G 01-2071 OCT 2014 PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NEUHARTH, JIM E 01-4490-080-80 Search Name NEUHARTH, JIM Search Name NOONAN, MICHAEL E 01-4490-080-80 Search Name NOONAN, MICHAEL Search Name NORLING, GINA E 01-4490-080-80 3RD QTR ARC MEETINGS 3RD QTR PLANNING COMM. MTGS 3RD QTR ARC MEETINGS Road & Bridges Road & Bridges City Council Administration Police Parks & Recreation Golf Course Planning Planning Planning $11.82 $14.95 $26.77 $155.36 $155.36 $10.00 $20.00 $30.00 $111.00 $125.81 $236.81 $78.00 $78.00 $798.00 $60.92 -$3.92 $855.00 $80.00 $80.00 $75.00 $75.00 $75.00 $75.00 $75.00 page 64 CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM Claims List Page 10 SYSTEM CHECKS 10/07114PAY Account Comments DEPT Descr Amount Search Name NORLING, GINA $75.00 Search Name NORTHERN TECHNOLOGIES, INC E 27-4220-788-00 VICTORIA RD PROJECT Spec Fds $1,628.50 Search Name NORTHERN TECHNOLOGIES, INC $1,628.50 Search Name OFFICE DEPOT E 01-4300-020-20 OFFICE SUPPLIES - PD Police $76.36 E 01-4300-020-20 OFFICE SUPPLIES - PD Police $50.33 Search Name OFFICE DEPOT $126.69 Search Name OREILLY AUTO/FIRST CALL E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $11.28 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation -$6.32 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation -$10.00 E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $35.94 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $5.68 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $7.95 Search Name OREILLY AUTO/FIRST CALL $44.53 Search Name PAPER, JOEL E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS Parks & Recreation $75.00 Search Name PAPER, JOEL $75.00 Search Name PEARSON BROS INC E 01-4423-050-50 2014 STREET SEALCOATING Road & Bridges $181,309.45 Search Name PEARSON BROS INC $181,309.45 Search Name PENTEL, REBECCA E 01-4305-020-20 OPERATING SUPPLIES - PD Police $87.82 Search Name PENTEL, REBECCA $87.82 Search Name PIONEER RIM & WHEEL E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $92.72 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $59.32 Search Name PIONEER RIM & WHEEL $152.04 Search Name PIPE SERVICES G 01-1145 SAN. SEWER CLEANING - LLOYD'S $1,207.50 E 15-4330-400-60 LIFT STATION CLEANING Utility Enterprise $210.00 E 29-4337-000-00 LIFT STATION CLEANING Spec Fds $210.00 Search Name PIPE SERVICES $1,627.50 Search Name PITNEY BOWES E 01-4200-610-10 2014 3RD QTR RENTAL Administration $59.26 E 15-4200-610-60 2014 3RD QTR RENTAL Utility Enterprise $14.17 E 05-4200-610-15 2014 3RD QTR RENTAL Engineering Enterpris $2.58 E 01-4200-610-70 2014 3RD QTR RENTAL Parks & Recreation $3.86 E 01-4318-080-80 2014 3RD QTR RENTAL Planning $7.73 E 01-4318-040-40 2014 3RD QTR RENTAL Code Enforcement/Ins $18.03 E 01-4200-610-20 2014 3RD QTR RENTAL Police $16.75 E 01-4300-110-10 POSTAGE SUPPLIES Administration $83.28 E 01-4200-610-30 2014 3RD QTR RENTAL Fire $6.44 Search Name PITNEY BOWES $212.10 Search Name SLOAN, DAVE E 01-4490-080-80 3RD QTR ARC MEETINGS page 65 CITY OF MENDOTA HEIGHTS 10/02/1411:26 AM $255,390.81 Search Name STANTEC CONSULTING SERVICES Page 11 Claims LIS$ E 01-4220-135-80 PLANNING ASSISTANCE Planning SYSTEM CHECKS E 01-4425-310-50 AUG 2014 SERVICE - PW 10/07/14PAY $17.06 E 01-4425-310-70 Account Comments DEPT Descr Amount Search Name PORTZ, PAUL AUG 2014 SERVICE - PW Utility Enterprise E 01-4490-080-80 3RD QTR ARC MEETINGS Planning $75.00 Search Name PORTZ, PAUL $2,290.31 $75.00 Search Name ROSTON, HOWARD Parks & Recreation $3,603.84 E 01-4490-080-80 3RD QTR PLANNING COMM. MEETINGS Planning $25.00 Search Name ROSTON, HOWARD E 01-4425-315-30 $25.00 Search Name SECURE BY DESIGN, INC. $264.75 Search Name SPRWS E 01-4301-114-14 SOFTWARE - IT Info Tech $240.00 Search Name SECURE BY DESIGN, INC. Search Name T MOBILE $240.00 Search Name SLOAN, DAVE E 01-4490-080-80 3RD QTR ARC MEETINGS Planning $50.00 Search Name SLOAN, DAVE $255,390.81 Search Name STANTEC CONSULTING SERVICES $50.00 Search Name SPRWS E 01-4220-135-80 PLANNING ASSISTANCE Planning $57.50 E 01-4425-310-50 AUG 2014 SERVICE - PW Road & Bridges $17.06 E 01-4425-310-70 AUG 2014 SERVICE - PW Parks & Recreation $17.05 E 15-4425-060-60 AUG 2014 SERVICE - PW Utility Enterprise $17.05 E 01-4425-070-70 AUG 2014 SERVICE - PARKS Parks & Recreation $2,290.31 E 01-4425-070-70 AUG 2014 SERVICE - PARKS Parks & Recreation $3,603.84 E 08-4425-000-00 AUG 2014 SERVICE - CITY HALL Spec Fds $1,027.79 E 01-4425-315-30 AUG 2014 SERVICE - FIRE HALL Fire $264.75 Search Name SPRWS E 01-4210-070-70 AUG 2014 SERVICE - PARKS $7,237.85 Search Name ST. PAUL, CITY OF E 78-4460-774-00 HUNTER/ORCHARD PROJECT WORK Spec Fds $255,390.81 Search Name ST. PAUL, CITY OF $255,390.81 Search Name STANTEC CONSULTING SERVICES E 01-4220-135-80 PLANNING ASSISTANCE Planning $57.50 E 01-4220-135-80 PLANNING ASSISTANCE Planning $350.00 Search Name STANTEC CONSULTING SERVICES $407.50 Search Name STONEBROOKE EQUIPMENT INC E 01-4620-050-50 SNOWPLOW - NEW TRUCK Road & Bridges $5,156.55 Search Name STONEBROOKE EQUIPMENT INC $5,156.55 Search Name STREICHERS E 01-4410-020-20 UNIFORM - B. CONVERY Police $7.99 E 01-4306-020-20 EQUIPMENT - N. GORGOS Police $1,055.00 Search Name STREICHERS $1,062.99 Search Name T MOBILE E 01-4210-070-70 AUG 2014 SERVICE - PARKS Parks & Recreation $176.05 Search Name T MOBILE $176.05 Search Name TOTH, MIKE E 01-4490-070-70 3RD QTR PARK & REC. COMM. MTGS Parks & Recreation $75.00 Search Name TOTH, MIKE $75.00 Search Name TRACTOR SUPPLY E 01-4420-050-50 STREET SIGN SUPPLIES Road & Bridges $59.85 Search Name TRACTOR SUPPLY $59.85 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 1mo7n4pxY 10/02/14 11:26 AN Page 12 Account Comments DEPT Descr Amount Search Name TRI STATE BOBCAT E01~fI3O-49O-50 ' EQUIPMENT REPAIR PARTS -STREETS Road &Bridges ¢307.11 [01-43JO-49O'5O EQUIPMENT REPAIR PARTS 'STREETS Road &Bridges Search Name TRI STATE BOBCAT $557.10 Search Name U.S.BANK ' s01'149O'1O9-O9 MEETING SUPPLIES City Council ¢58.38 EO1-4*9O'USO-5O DEGREE VERIFICATION ' NEW HIRE Road &Bridges $9.95 EO1-44OO'03O-30 FIREFIGHTER CLASSES Fire ¢312.82 E01'1qUU-O8O-]O FIREFIGHTER CLASSES Fine *312.82 EO1'149O'1O9-09 MEETING SUPPLIES City Council $58.38 E15'1]34'o4S'15 GKOUNDSBlUlPMENT-PAR] Golf Course $173J8 E45-4]]4'045'45 GROUNDS EQUIPMENT -nAR] Golf Course $1,247.50 [01-449U'O4U'12 ELECTIONS MEALS Elections $72.27 EO1'4490-§4O-13 ELECTIONS MEALS Elections $91.56 EO1'4490-020'20 MEETING SUPPLIES Police *230.10 E01'419O'61O-12 ELECTIONS MEALS Elections $481.53 EO1-149O-h1O'1l ELECTIONS MEALS Elections Search Name U.S. BANK $3,]]7.31 Search Name UNIFORMS UNLIMITED [01-4410-OZD'ZO UNIFORM & EQUIPMENT 'P.FL[MlNG Police $110.47 EO1'141U'OIO-ZO EgUIPMENT-lLAKRIVE Police $38.99 E01'f410'U2O'2U UNIFORMS E. PETERSEN Police Search Name UNIFORMS UNLIMITED $1,795.90 Search Name UNLIMITED SUPPLIES INC sV1'43O5-O5O-SO OPERATINGSUPPLlES-SMOP Road &Bridges $117.81 E01'q3O5-O7O'7O OPERATING SUPPLIES 'SHOP Parks QRecreation $117.83 E 15-1305-060'60 OPERATING SUPPLIES 'SHOP Utility Enterprise Search Name UNO� MED5UPPDESINC $1q3.50 Search Name USSEF, EDWARD [27'44hO-7nO-OO VICTORIA RDPROJECT REPAIRS Spec Fds Search Name US5ET,EDWARD $99.00 Search Name VALLEY MOTOR SPORTS EO1-43]O'1OU-3O EQUIPMENT REPAIR ' FIRE DEPT Five Search Name VALLEY MOTOR SPORTS $437.08 Search Name \OKSNINS,ANSl3 EO1'ff 0-088'80 3RD QTR PLANNING COMM. MTGS Planning Search Name VlKSNINS,ANSIS $75.00 Search Name WALLRAFFELECTRIC CO. EV8'1335-0OO'OO ELECTRICAL REPAIRS ' CITY HALL Spec Fds Search Name WALLRAFF ELECTRIC CO. ' $177.5O Search Name MDNRELDSOLUTIONS, LLC E15+O34-045-4G [MEwICALS-PAR] Golf Course Search Name WIN8ELDSOLUTIONS, LLC $565.37 $706,612.48 2014 Licensing List for City Council Type Contract®r Name Gas Piping General HVAC Masonry Silver Tree Plumbing & Heating Lake & Land Surverying, Inc Professional Grounds Maintenance Gopher Heating & Air Holmin Heating & Cooling Perfection Heating & Air Pioneer Power, Inc The Fireplace Guys Pugleasa Company, Inc page 67 Wednesday, October 01, 2014 Page 1 of I .,-,..,.,CHOOL DISTRICT T9) 5�;i �illillillill III ON III IF NOW ililillllll'�i Voters will decide ifthe District can renew and increase its Technology Levy (Capital Projects) to$1.2nniUiomGDnua|k/for1OyeUre.ThaDiotrct'sCUrnent Technology Levy is set toexpire this year (2014). The additional technology ^ Equip classrooms with technology for students so that skilled teachers can: ^ Personalize learning —give teachers the ability to adjust the content, pace and approach to learning based onindividual student needs. • Incorporate relevant and current online educational resources into their lessons. ~ Facilitate online testing and assessment, which can provide immediate feedback to teachers and students regarding progress and mastery ofmaterial. ^ Prepare students for college and careers after graduation. ^ Maintain and n*p|uCe current technology systems, hardware and infrastructure baervgna, phones, devices, etc.) | What happens if Question I fails? | | Failure torenew and increase the technology levy would result in: | ^ Expiration of the current $490,000 levy funding ! - No funding to replace technology acquired through the federal magnet grant � ^/\ lack ofconsistent student and teacher access tOteChnnkzovotall schools ! --=' | ^& reduction intechnology systems support and delays intechnology maintenance - Fewer opportunities for students to gain technology skills needed to be successful after graduation | ^Lg8s student access totechnology than other districts ^ Challenges for the District in meeting its Strategic (3oa|e Prepared and paid for by West St. Paul -Mendota Heights -Eagan Area Schools (District 197), 1897 Delaware Avenue, Mendota Heights. This publication is not circulated on behalf of any candidate or ballot question. The $3.2million bond would beused tomake security upgrades and construct secure entrances u±all schools. Each school's front entrance would beremodeled orrelocated toinclude a second set of doors that could be locked during the school day and re -direct visitors to the school's main office. Additional district -wide security improvements: ^ Expand lock down buttons tothe middle schools ^ Increase the number ofsecurity cameras atevery school ^ Upgrade locks inelementary classrooms sothat the door can be locked from the inside Details of the stadium plan: ^Astadium with bleachers to seat 2,100 ^ Storage and ticket buildings ~ Food truck ortrailer for concessions ^ Artificial turf field ^ Scoreboard West St. Paul + Mendota Heights + Eagan Area What happens if Question 2 fails? Failure to approve the bond for security would result in: • School buildings that do not incorporate best practices and expert recommenda- tions for safety • Challenges for the district in meeting its Strategic Vision of safe and respectful learning communities The district is requesting $4.5 million to construct a stadium on the campus of Henry Sibley High School in Mendota Heights. The school's current stadium, Matson Field, is located in West St. Paul across from Heritage E -STEM Magnet School. VVhv Build uStodiurn at ^Located on the high school campus - easier for the high school teams to practice and play there — as well as making iteasier for students toattend games after school. ^Use bymore sports and age groups - in addition to the high school football, soccer, lacrosse teams, the field would be used by physical education classes during the day and could be rented out by area youth athletic organizations. • An up-to-date facility - at the same standard as athletic facilities in other metro districts - Five of the nine schools in the Metro East Athletic Conference have turf -field stadiums and two are actively fundraising to install turf fields. ^Amulti-season facility - a turf field would make the stadium available in late winter and early spring by the high school's baseball and softball teams for practices when snow may still be covering other fields. ^ A source of school, district and community pride -thaatadium would provide auentru| location for major auhoo| events and serve as a focal point for the community. Investing in school facilities demonstrates a community's commit- ment to their schools, which can also have a positive impact on home values. Request Annual Tax Monthly Tax Impact* Irnpact* 01: Renew and increase technology $24 $2 levy to $1.2 million 02: $3.2 million building bond for PJ $0.25 district -wide security upgrades 03: $4.5 million building bond for a $5 $0.42 Multi -use Athletic Stadium *Tax impacts are based one$2OU'UOOmedian home value inthe school district *Tor additional tax impact information, visit www.iad1S7.oqg/refemndum ! Learn morev, ' � " wwvviso|y/.orgyreferenoum ' Hotline 651-403-7557 ! September 2014-2 Technology - Security - Stadium 1 111 3500 E � Enrollment History � Enrollment Projections ... " K-12 Capacity � • • i w " " 1 1 y � w • i " " 1 / 3 NO =,& it 171MA FW,411 uA 2;-I;l I M] —Renewal and increase of a 10 -year, $1.2M annual Technology Levy —$3.2M building bond for Security Upgrades —$4.5M building bond for aMulti-use Athletic Stadium • $1.2M Technology Levy —$1.1M annually would be used to maintain and replace current technology —Equip more classrooms with student technology • Personalize learning • Up-to-date online curriculum and resources • Immediate feedback and diagnostic assessment • Prepare students for college and careers • Security —Remodel and/or relocate the front entrances at all schools to direct visitors to the main office. —Add lockdown buttons., security cameras, etc. Multi -use Athletic Stadium Henry Sibley High School :1K:J•Mr. Est. Market Value (Residential Homestead) _ $200,000 r. Annual Tax Monthly Tax Impact Impact Q1: Technology $24 $2 Q2: Security $3 $0.25 Q3: Stadium $5 $0.42 Q1, Q2 & Q3 $32 $2.67 $1,400 $1,200 $1,000 $000 $000 $400 $200 $0 West St. Paul -Mendota Heights -Eagan Area Schools ISDN 197 Total School Property Taxes, Payable 2014, on a Home with a Estimated Market Value of $200,000 Al Ab 1�1 qfV 0 Source: Dakota County and Hennepin County Final Tax Rates Pay 2014 EHLEIIS uuAWWireRUBIWiINANOA We Referendum Votes, Nov. 4, 2014 Q1: Technology Levy Q2: Security Q3: Stadium www.isd197.org/referendum elections@isd197.org Hotline - 651-403-7557 page 68 9a. 1101 Victoria Curve I Mendota H �)15 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Assessment Hearing for Victoria Road & Rolling Green Neighborhood Improvements BACKGROUND Council ordered the Victoria Road & Rolling Green Neighborhood Improvements at their November 19, 2013 meeting and directed staff to prepare plans and specifications for this street reconstruction project. Council approved the plans and specifications at their June 3, 2014 meeting. The Public Hearing for the consideration of special assessments for the Victoria Road & Rolling Green Neighborhood Improvements was advertised for the city council meeting at 7:00 P.M. The project has been substantially completed with only the final wear course, street striping, signage replacement, sod, and miscellaneous punch list items remaining. Street Reconstruction — Victoria Road The project included reconstructing Victoria Road to a 10 -ton design standard to meet Municipal State Aid standards. Storm sewer improvements consisted of catch basins and storm sewer pipe and connecting to the existing storm sewer system. St. Paul Regional Water Services (SPRWS) has replaced the existing water main and hydrants on Victoria Road. Street Rehabilitation — Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court Rehabilitation of Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court included the reclamation of the existing bituminous roadway and the placing of a 2.5" bituminous base course and a 1.5" bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. BUDGET IMPACT The total construction cost for the Victoria Road & Rolling Green Neighborhood Improvements is $1,819,014.30, not including, water main replacement, signage replacement and indirect costs for legal, engineering, administration, and finance. page 69 A feasibility report for the project was presented to the city council in September of 2013. A copy of the final assessment roll is attached to this memo. Assessments are shown in the tables below. Unit Assessment: RECOMMENDATION Staff recommends that the city council conduct the required public hearing and then if city council wishes to implement the recommendation, pass a motion adopting A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308). This action requires a simple majority vote. UNIT ASSESSMENT PER TOTAL ASSESSABLE FEASIBILITY ASSESSMENT ASSESSMENT TYPE UNITS REPORT AMOUNT STREET RECONSTRUCTION: Victoria Road 16 $8,950.00 $143,200.00 STREET REHABILITATION: Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court 67 $3,850.00 $257,950.00 RECOMMENDATION Staff recommends that the city council conduct the required public hearing and then if city council wishes to implement the recommendation, pass a motion adopting A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308). This action requires a simple majority vote. page 70 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-66 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308) WHEREAS, pursuant to proper notice duly given as required by law, the Mendota Heights City Council has met and heard and passed upon all objections to the proposed assessment for the improvement to reconstruct Victoria Road and rehabilitation of Walsh Lane, Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court referred to as the Victoria Road & Rolling Green Neighborhood Improvements. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that: 1. Such proposed assessments, copies of which are attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual principal installments extending over a period of 19 years for reconstruction and 10 years for rehabilitation. The first of the installments shall be the annual principal plus interest calculated from the public hearing date to the end of this year plus twelve months of the next year and shall bear interest at the rate of 6% per annum from the date of the adoption of the assessment resolution. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The property owner may, at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appearing upon the current year's property tax statement. 4. The City Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment rolls with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk E \ M / 7 m / / / / / \ \\ \ \ Cl� Cl� ƒ \\ c c G ® / / / ƒ ƒ ƒ ƒ � \ ) 7 \ / / / / � � � / 6 6 � c 3 \ f LLJ m_ / z_ 7 � o / C/) \/\ 5 \ Co �\ \ƒ \/ =g, z� L LLJ$ rye rLLJ rLLJ rm /(00 /2\ /2 /% =m� =o\ =o0) \ ).5 )/M )/ - )LLJ ��/ 00 �\ �0 f \\ \\ \\ 0 \\ /7\6 04 U) gz CO /LLJ C4 /{ƒ /{ q{ \z)/ \@Y /° )° c/)> ma- mQ mQ } 6 \ / \ c I » c c ® \ \ \ \ \ \ § C) \ / \ ® 2 § 2 § lu } G @ } / / } / j m ± E3k f 3 9, k3z \ > _ \ a < % a \ \ : e 5= a f I 2 5 I m 5; = a 2 = a e a 2 a I � © 5 ± 0 5 ±= o S c > r- 7 c= c r= c= r l _ /\ E \E f \E _= r. ± m \ > o > / \ % G \o \� \o \o \\ \\ \\ \\ \\ \/ \\ \\ 7 m / / / \ \ � \ _ Cl� Cl� ƒ \\ \ ƒ ƒ ® / / / / / \ � � \ ) 7 \ 7 m 0 � § % � A \ \ \ _ \ ƒ \\ \ » m � ® / / k { { \ ) 7 \ m \ \ ƒ 3 z < / / 6 6 � c 3 \ j \ \ 0 � § % � A \ _ \ ƒ \\ \ » m � ® » / ) 7 \ m \ \ ƒ 3 z < 3 z 0 ` _ : c o � \ \ / K / 5 \ Co k \ / / \ \ \ \o o o \\ \\ \\ \\ \\ \7 0 � § % � A N M O L: L: U ti O O O O O O O O � � � � O O O O O O O O O O O O LO LO LO LO 00 00 00 00 C6 C6 C6 C6 EA EA EA EA r r r r N Cl) 00 LO c c c c c c c c 0 0 0 0 Of of of Of m m m m N J M J V J L? J 00 C — (� N C C N C Z 0 ++ v Cl) v Cl) C = "T v T E c u > N N .� C (p (h N u J ao co ao % 0 CO 0 O 00 3: Z U 00 s Z N C Lo 0 U C Lo 'U -O Lo �, -O C Co Lo J m LO C O LO a--. E O Co J Z Coc Z RS O Z 7 O S 06 (ten (ten LL _0 �_ -0 — co H co 06J 0 � � 7 co 06 co ca CoS N C:O:' 0 CO _ (n (n co co ; c E LUo (o 0 E a)Y N 0 OU O O c U =U) 00 =U) 0 (h .00 00 � 0 00N 0 0 0 0 O O O O r0 r0 r0 r0 O O r0 r0 cc C) cco cco cco I%�r rr rr rr 0o 04 O 04 O 04 O 04 O 04 O O O O O O O O O � � � � O O O O O O O O O O O O LO LO LO LO 00 00 00 00 C6 C6 C6 C6 EA EA EA EA r r r r O r 00 O c c c c 0 0 0 0 Of Of Of Of m m m m Q? J ll� J W J J 00 N O) Cl) 00 00 N N .� C (p (h N LO U j �i co LO % "i LO O 00 3: Z 0 00 Z = C 'O Lo J C -O C Lo C _ NO L(7J O J aN'' J LO 7 06 s -co Co � CoS C:O:' 0 CO E LUo (o 0 E a)Y .� - (h N 0 (h .00 00 � 0 00N 0 0 6 6 O O O O r0 r0 r0 r0 CDC) 0o 0o 0o I%�r rr rr rr 04 O 04 O 04 O 04 O 0 N LE LE U I Qq w O N 0 0 0 0 0 0 0 0 0 O O O O O O O O O CD ci 601 6r} Ef} Ef} Ef} Ef} Ef} Ef} Ef} O O O O O O O O O O O O O O O O O O O O O O O O O O O LO LO LO LO LO LO LO LO LO 00 00 00 00 00 Cb Cb 00 Cb Ef} Y} (f} V} K} V} 6 } 6 } 6� r r r r r N N N N O r N Cl) r r r r r r N Cl) Nt c c (D (D (D - o o 75 75 0 75 cr- E m m m' m' N N N N m O N h V m m m J J J J J J N J M J J N C N N 0 M 00 00 ~ Cl)00 Cl) N M M CM M co N N O N N N O N Q O N O N O N V N V � U U Ii U Ii N U U N 00 00 E 00 Co 00 LO O 00 N = O 00 U C 00 Co C 00 N — _ N N N N >, O In N N N 'V N C: Lo U c Cn Y c Cn c Ln cm Q Z � Cn Cn Co CO m co CO m Cn co CO Y g C� LO 06 � LO � LO U � LO J Z Z 0 Z Z od oO = _ �Z i �Z cu t�Z 06 t�Z C>n J C>n C>n C>n Ecu W Cc UCc c: CU 06 > °� > O > = dCc O CY CY U iY _C Of Co W Co CL E Co a C7 Co CL O Z Cn (D Co CL -o Co CL _0 Co CL O Co 0- O o) CY)N :z Q co r� Lo to O O� O ch c N j+ M c LO Op Co = L CO .- 00 C6 > CO Cb (6 Cb Co Co CO � >O O (6 (6 'O .c_ O0 (6 C6 O0 (6 U` Cn W co > co co > (n U (n W co 2 Cn 0 0 0 0 0 0 0 0 0 O O O O O O O O O r` O r` O r` O r` O r` C) r` O r` O r` O r` O �tO �t N SCh ItIt �tr N SCh ItIt (p r (.0 r CO r (p r (p r (D O CO O CO O CO O 1 � r � r 1 � r 1 � r � r i � N i � N i � N i � N N O N O N O N O N O N O N O N O N O 0 M N 000000000 000000000 � � 000000000 000000000 000000000 LO LO LO LO LO LO LO LO LO 00 00 00 00 00 00 00 00 00 N N N Cl) Cl) Cl) Cl) Cl) Cl) O LO CO � LO CO 00 0 r N C C C C C C N (D (D W Of of Of of C0 N N N M M M M M M m' ED m m m m m m m O L9 J CO J Il J Ln J CO J J W J J J >1 N U)Ch N Q CO CO Mi!M 0000 N N O Y jV N O E N O M O _0N O Cl) N Y co co LO N N c Z3 LO N Z3 N Z) N Z3 N Z) N Z) J U I U U U c 00 m 00 (1) 00 J c Z c 00 ca a) cL c� �� �Lo �LO ai r- O LO ;, Co LO m Ln O O m Ln co O Ln o N Z U J Z J Z Z — Z Z ~ Z OD 06 U) N ( 0 S N ID Z m Co r 2 m N U 06 U N rY N 06 W N 06 w N J w N > N > N (6 «j cc E (L N (L (a O � a_ it " (1 >1 it o(j O Co C (0 C 0 C _O 5 N C � C N C -le C �. M -O LO (6 _Q (6 pp (6 (6 O0 (6 M CO N M 00 N 7 pp (6 O (6 Op (6 (6 Op N c) co D C) CO CO co = (n co Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r` o r` o r` o r` o r` o r` o r` o r` o r` o ALO It (D ter` ALO It (D ter` eco �trn I�to (.0 o (.0 o (.0 o c0 o c0 o c0 o c0 o (D o (D r r` N r` N r` N r` M r` M r` M r` M r` M r` M N O N O N O N O N O N O N O N O N O 0 F* LO M o 0 c� I Qq w O N O O O O O O O O O O O O O O O O O O � � O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 LO LO LO LO LO LO LO LO LO 00 00 00 00 00 00 00 00 00 c') Cl) Cl) Cl) Cl) c) c) c) c) r r N r M r r LO r O r ti r 00 r O r N N N (3) (3) (1) N N C7 0 0 C C C C C M M M M I? I? M I? M ED m m m m m E m m' N C0 r— CF) O 0) Cl) Cl) N Ii N �i Y N N N O E N N N 0) U 00 00 00 (h M V V OLn U LO O LC) U LO O N(1) U v O O Lo U- Lr) O N V Y N V N V 0 Lo 00 C c Z Z00 00 00 L.L N N (� Ui L() Q Ui m U m LO C O LO U O LO O LO U 'i ) O U C N L O) i L O) 0.'S L O) N J L L O) C m J L Z >' U 'O Z U) 'O Z U L 'O m —_ — — U) 06 O J O 06 0= _ S N cu S c fY m m CO m Y fY m m m O m Q O m O m Q o ca o �_ Q o o rn d m m d -0 (14 -O N 'O �+ 'O 'O N p i N V C -0 V C lL() .0 Y Cfl C m M C V .0 O .0 m CU .0 m C) C U H (n J J CU 00CU CO = H CO Cl 0) CO U O O O O O O O O O O O O O O O O O O r` O r` O r` O r` O r` O r` O r` O r` O r` O �r �N �tM ItIt ALO It (D �tC- X00 atm (0 r (0 r (0 r (0 r (0 r (0 r (0 r (0 r (0 r N O N O N O N O N O N O N O N O N O 0 h R % / / % / Cl) C) � / ) & / / / � � � � � � % / / 0 0 / % / / / / / 2 2 q % 0 R % % n Cl) / / \ \ & / / ft. 0 � § % � A / / / / / / � � � � � � / / / / / / 0 0 0 0 0 0 2 2 2 2 2 2 n Cl) Cl) Cl) Cl) Cl) N r -- \ \ \ \ (D / / / / Of Of Of Of Of Of I? ^co m ^ m m § § LO -j§ § / \ \ \ \ / + a a \ It 5 IT k \ \ \ \ a \ @ \ ® z = z / -0» -0» 4= r 0_ r a=> S> Z ® co Q S Q ± Of r Of r \co z co co ƒ a 2ƒ \ 2LO LO 2 5§ \ 5 2 f = 2 c 2§ 2§ 6o _ a = < f ƒ 2 7 ƒ - = ƒ 2 = } < » } \ 42$ 7 2o k 7 2 7 2 @ o t = f = _ - � _ _ 3 - f § f \ \ \ \ / E / ) § c a / m 2 m\ > a 2> 7%/ 5%/ \ \ \ \ \ \ ¥o ¥o ¥o ¥o ¥o ¥o �A Ntn NtNt Ntr Ntc Ntr-- cc cq 99 99 99 99 99 ¥n ¥n ¥n ¥n ¥n ¥n Ao Ao 04o 04o 04o 04o 0 � § % � A M o c� I Qq w 0 N O O O O O O O O O O O O O O O O O O � � O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 (n (n (n (n (n (n (n (n (n 00 00 00 00 00 00 00 00 00 c) Cl) Cl) (n (n 00 m O N N Cl) r N Cl) Nt r N (7 (7 (D (D (D (D 0 [Y C'7 Cn I V V LO L? LO L? ED co O fY] �' �' fY] N J N J C7 J J N J M J J J N J C O T 7 to (6 Z to � T LO (4 Y N N �i rn rn G) 0 N N CO 00 O LO °� _0 00 V N V N (n V N V C O ; Cn 'p N L{) O2 Cl) N Y v v Y v cm O C) n Ln } IT LO v Co -O 00 N -O o0 06 _O 00 Cn -O o0 -O 00 -O Z -O 00 Z 00 CN CO O Co Co O �, Co — O J C6 �_ O 06 (6 — O (� Co O J C6 O N N O Lo L(7 of LC7 °� � L(7 _ of LO of Lf) N C J C Lf) Lf) i -6 LO -O Lf) fn -O LO i0) 'O m 'O +U) O 'O LO -O C6 fn C6 C6 LO N O O N J J O O O O N O O O O O z L0 (6 = 06 N = co (6 = m = (6 = (o = m m = m (n (n > Cn Cn (n 06 CO (6 U) co m > C6 -O > m tl (6 IZ ca (6 a- (6 IZ u) C6 (6 it C6 it U O C6 0- " ii i 'O (U E (A C i Ch C : E C L C CA (6 00 00 (6 UJ (O 00 C6 O V 00 (6 O L p p C6 N p O C6 .CO Il m O O L I` ' 00 (6 O CA 00 O O N CA 00 C6 p Cn CO C) CO of C) (n I— = co co m p H CA co of J co O O O O O O O O O O O O O O O O O O I— O I— O I� O O O I` O I` O I` O I` O �tO atm �tO �tr N SCh ItIt �tr ItN (flN (flN (flM (DO (DO (DO (DO (DO co C) i i i i i i i N O N O N O N O N O N O N O N O N O 00 0 ti 0 r� M 0 r 0 L 0 t� O r N 0 0 a) U CA 2 CA W � � � �' O O o � - O O O O O 0L O 0 LO o LO O LO O -a Cb -a Cb O Z O O Z2 O � O U06 is O ca y Ef} H Ef} (IfU O LO R 0 C ti 0 M r r L 0 t� O r N 0 0 0 C 0 (6 0 L 0 t� 0 0 0 a) U CA 2 CA W � � � �' � N U o � - -0 00 O O O 0L O 0 LO o of Ln O O -a U -a cp O Z 06� O Z2 O � O U06 is O ca O H U (IfU O LO � r- — o LO o� U rn U � H 0-) U Cb 00 0 0 do do NC) do Il�r ti —1 04 O 04 O 0 0 0 0 0 0 0 0 0 0 0 0 � � � � � � O O O O O O O O O O O O O O O O O O LO LO LO LO LO LO Cb 00 00 00 00 00 Ef} Ef} Ef} Ef} Ef} Ef} r r r N N N Cl) LO r N Cl) U U U U N N N m m m m m m M J V J L? J J NI? J J 0') Cl) N N C6 00 CA c6 00 � 00O Cl) LO "T N -0 7 LO�LO LCi — N LO, -0 Z -0 00 -0 Z "TU o o o (AL o U -0L c - � U) �LO c -C r- cp Z co a5z �_ c � Z N 'D Z N Q > '� N (6 = �_ (6 = (6 = U rri — J C Of > _ J U c6 U C6 co c6 06 � Q 06 U c6 06 U co U o = 0- T o o � co U o N C7) c T N c r c c Ch c C co "Tc co a> a> r 0 (A co UL (A 2 H J 0 U 0 0 0 0 0 0 0 0 0 0 0 0 do do do do do do Nco Nqtt C14 LO Nr NN C14 co I� O ti O ti O ti O ti O ti O 1 I� r 1 ti r 1 ti r ti N ti N ti N N O 04 O N O N O N O N O h N 000000000 000000000 CD ci601 0 0 0 6r� 0 0 0 000000000 000000000 Lo Lo Lo Lo Lo Lo 6ey 00 00 00 00 00 Cb 60����� N N N N N N r r r r N Cl) Lr) co ti Cb m Cl) Cl) co � s LA s 2) 2 2 = (n (n (n U) o U) c c o >0 0O >O >O >0 0 rn U) �' U) U) (n U) H H N m m m m m m N C'7 J Ln J (D J r J �i J CA J 7) J (h J C7 J (n (n O Z� Lf) L) LL c V CD W -0 Cl) E Y U) 00 LC7 (U -O Y E N V N V cc -L N V j, N m ( c O }, Lo ca (U ' 0 � ' � °° N u� LLo i Ci co C Ci Z co J o �° T o �° _- Z m °° cu °° co co O g �° C) L� E U Ln o L� o rl m Ln cu Ln pp U Co CD (a Lo Q Lo w Lo c od O Low � Q' Lo V Lo t N O V (p c Z 06 Z U 'O Z 'O �' >, N Lo 'E N L) Lm (n m ; ; 'E O L O 0)(6 CO w (U (U } 0 S C E C cu N cu N N _ O CCU: O >, > O = LL (U Z O = N O = = U = Cn U_ = Z U_ = CD x _ U ca � T U cc Z U CCs °6 co CO C-6 _ co CCs H i m od i m 2 m m 0 O O p Y it —3 it Cc (L N C) -0 ca O-0 O C i 00 C C i C (h C i C O N (U C) O (b N C:) N (A (6 (6 (� (6 O LCi CO (6 O (A Lo N Cc N Cc ��.., N (6 (6 0 (6 w D H Cl) J C0 o) Cn CY 0) w co Y co rl Cn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r` o r` o r` o r` o r` o r` o �t o �t o �t o NIt NLo Nc0 Nr` N 0 Nm COr CON c0M r` O r` O r` O r` O r` O r` O r` M r` M r` M i r` N i r` N i r` N i r` N r` N r` N 1 r` r 1 r` r 1 r` r N O N O N O N O N O N O N O N O N O Q) 00 � O LE LE U ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L() L() LO L() LO LO L() C C G C G G C 00 00 00 � � � � O O O O O O O O O O O O O O Ef} Ef} Ef} Ef} Ef} Ef} Ef} r r r r r r r CO I� 00 m C) r Cl) Cl) Cl) Cl) Cl) N Y m W C p 00 Cl)M QW Cl) co 06 L D J p N 0) L 27) L 27)c0 08 > O 2 O N 2 2 O c N (6 (6 (6 O J D Di O . _ Z O QW c ( c c c 0 S = S Z w w O- _ H i0) J z) M H H 0) > C%) 2 0 2 J 2 w 00 f m !n N !n w O mm m (n Lo LO �0Lo S C'7 (_o Cn (n m W C'7 CF) C'7 O V N N E .--� 0 J F- 06 06 J J J '� OU J LO LO (0 CO L(7 L(7 (0 (0 m (6 L LO L(7 O L(7 Ch LO LO Ch O t� a) (n 2 (b C6 (n (n 2 (n 2 00 (n U) C (n m 2 O 00 -O E -O -O _ -O _ -O N -O 2 Of (n -6 Of (n N of Lf) � N of cl of Lf) of N n3 L L 0) J z (D n3 Con3 IM a) Con3 0) Con3 O L U n3 0) _� O N - O N � O .�_ O .O Z) O N N O O .O U = -O U_ _ U_ O U_ _ CO U_ _ U_ U_ _ > co co co Y co co co co U o Y o Q o O o o a m — : 0) m m LO � N Fu 0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IttC) SCD SCD SCD 1�C) NtC) �r CO Nt CO C9 C9 ti C9 00 (9 0') cc O C9 r I� co I-- co I� co I� co I� co I� Nt ti Nt I%� r ti r ti r ti r ti r ti r ti r 04 O 04 O 04 O 04 O N O N O N O N- 00 Q p � O O O Lo O ea R ea O U ti O 9 a O O O O ti N ea O ti O L a ih co page 82 77 1101 Victoria Curve I Mendota 651.452.1850 phone 1 651.452.8940 fax www.mendota•helghts.com CITY OF m MENDOTA HEIGHTS DATE: October 7, 2014 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: 2014 Bond Issue BACKGROUND At the September 2, 2014 city council meeting, the council authorized the public sale of $1,050,000 General Obligation Improvement Bonds and $900,000 General Obligation Refunding Bonds. The issue will be financing the Rolling Green Neighborhood rehabilitation and the Victoria Road street project. City Administrator Miller and I had a conference call with Standard & Poor's on September 23, 2014. We will receive our rating for the bonds prior to the bond sale on Tuesday, October 7, 2014. The proposal opening will be held on October 7, 2014 and the results of the opening will be presented that evening at the council meeting. The council will take action on the sale at the October 7, 2014 council meeting. A representative from Ehlers and Associates will be present to present a tabulation of the bids received. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION I recommend that council pass a motion to adopt • Resolution 2014-67 "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVING A TAX FOR THE PAYMENT THEREOF" and • Resolution 2014- 68 "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $900,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF page 83 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, NHNNESOTA RESOLUTION 2014 - 67 PROVIDING FOR THE ISSUANCE AND SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,050,000 General Obligation Improvement Bonds, Series 2014A (the 'Bonds" or individually, a 'Bond") of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements"); and WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and is therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and WHEREAS, the offers set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 11:00 A.M., on the date hereof, pursuant to the Preliminary Official Statement, dated September 26, 2014 established for the Bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Offer. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 65901790 page 84 2. Bond Terms. (a) Title, Original Issue Date, Denominations, Maturities, Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2014A", shall be dated November 5, 2014, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R -I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount 2017 $ 2018 2019 2020 2021 2022 2023 2024 2025 2026 Year Amount 2027 $ 2028 2029 2030 2031 2032 2033 2034 2035 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). 6590179x1 page 85 (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). 65901790 page 86 (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. 65901790 page 87 (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August I of each year (each, an "Interest Payment Date"), commencing August 1, 2015, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Year Amount Year Amount 2017 $ 2027 $ 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 5. Redemption. All Bonds maturing on February 1, 2024 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2023, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. 65901790 page 88 To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re ig strar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 65901790 Im page 89 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2014A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % FEBRUARY 1, November 5, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF MENDOTA HEIGHTS, Dakota County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the 'Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of 65901790 page 90 this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2024, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2023, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,050,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on October 7, 2014 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2014A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 65901790 page 91 Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of 65901790 page 92 its Mayor and Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned Within. BOND TRUST SERVICES CORPORATION, Roseville, Minnesota Bond Registrar Authorized Signature 65901790 Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk page 93 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 65901790 page 94 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATF, AMOUNT OF 1401,DF,R page 95 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by the Bond Registrar. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is November 5, 2014. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration, Transfer, Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 65901790 page 96 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment, Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2014A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained 65901790 page 97 in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account," respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less capitalized interest, plus any amount paid for the Bonds in excess of the minimum bid and any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof, (ii) all funds paid for the Bonds in excess of the minimum bid; (iii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February 1, 2015); (iv) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. 65901790 page 98 To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform, as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest, with interest at a rate per annum set forth below: Improvement Collection Designation Amount Lever Year SEE ATTACHED SCHEDULE At the time the assessments are in fact levied the City Council shall, based on the then current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy, Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: 65901790 page 99 Year of Tax Year of Tax Levy Collection Amount SEE ATTACHED SCHEDULE The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6 1, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional 65901790 page 100 description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the WSW') by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. 65901790 page 101 (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22. Certificate of Registration and Tax Levy. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected 65901790 page 102 to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2014 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 65901790 page 103 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk 65901790 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] 6590179v1 page 104 page 105 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, NHNNESOTA RESOLUTION 2014-68 PROVIDING FOR THE ISSUANCE AND SALE OF $900,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City of Mendota Heights, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a current refunding on February 1, 2015 (the "Call Date") of the City's outstanding $1,595,000 original principal amount of General Obligation Improvement Bonds, Series 2007B, dated October 10, 2007 (the "Prior Bonds"), which mature on and after February 1, 2016, in the aggregate principal amount of $1,020,000 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on September 18, 2007 (the "Prior Resolution"); and WHEREAS, the refunding of the Refunded Bonds on the Call Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $900,000 General Obligation Refunding Bonds, Series 2014B (the "Bonds" or, individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and WHEREAS, the offers set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 11:00 A.M., on the date hereof, pursuant to the Preliminary Official Statement, dated September 26, 2014 established for the Bonds; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: I . Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus 6599277v1 page 106 interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the purchaser and to forthwith return to the unsuccessful bidder and any good faith checks or drafts. 2. Terms of Bonds. (a) Original Issue Date, Denominations, Maturities, Term Bond Option. The Bonds shall be dated November 5, 2014, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R -I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount 2016 $ 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Onl S sem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. 6599277v1 page 107 (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the 6599277v1 page 108 Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the 6599277v1 page 109 functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Rate 2016 % 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 5. Redemption. All Bonds maturing on February 1, 2023, and thereafter, are subject to redemption on February 1, 2022, and on any date thereafter at the option of the City at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to 6599277v1 page 110 prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the City to be redeemed in advance of maturity, the City will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re ig strar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6599277v1 Im page 111 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS GENERAL OBLIGATION REFUNDING BOND, SERIES 2014B Interest Rate Maturi. Date Date of Original Issue CUSIP February 1, November 5, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Mendota Heights, Dakota County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the 'Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of 6599277v1 page 112 the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2023, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2022, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds not more than sixty (60) days and not fewer than thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $900,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on October 7, 2014 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Improvement Bonds, Series 2007B, dated October 10, 2007 which mature on and after February 1, 2016. This Bond is payable out of the General Obligation Refunding Bonds, Series 2014B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 6599277v1 page 113 Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligations. The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of 6599277v1 page 114 its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. BOND TRUST SERVICES CORPORATION Roseville, Minnesota, Bond Registrar Authorized Signature 6599277v1 Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk page 115 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 6599277v1 page 116 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATF, AMOUNT OF FTOLDF,R 6599277vl page 117 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of November 5, 2014. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration, Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 6599277v1 page 118 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment, Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Refunding Bonds, Series 2014B Fund" (the "Fund") to 6599277v1 page 119 be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account". (a) Payment Account. The proceeds of the Bonds, shall be deposited in the Payment Account. On or prior to the Call Date, the Finance Director shall transfer $ of Bond Proceeds from the Payment Account to the paying agent for the Prior Bonds, which sum is sufficient to pay the principal and interest due on the Refunded Bonds on the Call Date, including the principal of the Refunded bonds called for redemption on that date. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (i) any balance remaining after the Call Date, in the Prior Bonds Debt Service Account created by the Prior Resolution; (ii) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the payment of the Bonds; (iii) all investment earnings on funds in the Debt Service Account; (iv) any taxes herein or hereafter levied for the payment of the Bonds; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.6 1, Subdivision 4. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which have been pledged to the payment of the principal and interest on the Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on the Bonds. The balance of the special assessments shall be payable in equal, 6599277v1 page 120 consecutive, annual installments with general taxes for the years shown below and with interest on the declining balance of all such installments as follows: Improvement Designation Lever Ivy Falls 20-20 Copperfield 20-20 Kipp 20-20 Collection Years Amount Rate 20 -20 See attached schedule 20 -20 See attached schedule 20 -20 See attached schedule 17. Tax Levy, Coverage To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Lever Collection Years Amount 20 -20 20 -20 See attached schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6 1, Subdivision 3. Upon payment of the Refunded Bonds, the taxes levied by the Prior Resolution in the years 20 to 20 shall be canceled. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Prior Bonds, Security and Prepay. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit B, which terms and conditions are hereby approved and incorporated herein by reference. 20. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 6599277v1 page 121 21. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the WSW') by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the 6599277v1 page 122 Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bond is a private activity bond; (iii) 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2014 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. Furthermore: 6599277v1 page 123 (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (h) the aggregate face amount of the Bonds does not exceed $10,000,000; (i) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; 0) no part of the Bonds has a maturity date which is later than the date which is thirty years after the date the Refunded Bonds were issued; and (k) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 30. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 6599277v1 page 124 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk 6599277v1 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] 6599277v1 page 125 page 126 1*:40110W:� NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007B CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Mendota Heights, Dakota County, Minnesota, there have been called for redemption and prepayment on February 1, 2015 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2007B, dated as of October 10, 2007, having stated maturity dates in the years 2016 through 2027, inclusive, and totaling $1,020,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2018 586770 3V9 2021 586770 3Y3 2024 586770 4132 2027 586770 4E6 The bonds are being called at a price of par plus accrued interest to February 1, 2015, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at Bond Trust Services Corporation, Attention Paying Agent Services, 3060 Centre Pointe Drive, Roseville, Minnesota 55113. Dated: October 7, 2014 BY ORDER OF THE CITY COUNCIL Its Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 6599277v1 page 127 10 b. 1101 Victoria Curve I Mendota Heig ts, -MN 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Wetlands Permit at 2054 Acacia Drive BACKGROUND The applicant is seeking an after -the -fact Wetlands Permit to remove vegetation in the rear yard of the subject parcel. The impacted area is within 100 feet of a wetland or water resource -related area and does not meet the conditions for an administrative approval. The property is located within the Augusta Shores development and a substantial portion of the rear yard is within a conservation easement established as part of the Developers' Agreement in 1999. City staff was made aware of the vegetation removal within the easement and wetland areas and subsequently contacted the property owner to investigate the complaint. While the removal activity was not recent, it was determined that it was in violation of the Wetlands Systems chapter of the City Code. Title 12-2-6(A)(5) of the Code requires a wetlands permit for the removal of vegetation. The Planning Commission conducted a public hearing at the September 23 meeting. Other residents of the development voiced their desire to have buckthorn removed within the conservation easement and wetland areas, but were not aware that a wetlands permit may be required. Staff suggested the Homeowner's Association work with the City on a potential buckthorn removal plan and joint wetlands permit application that can most likely be approved administratively. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the after -the -fact wetlands permit, with conditions, as described in Planning Case 2014-26. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-59 APPROVING A WETLANDS PERMIT AT 2054 ACACIA DRIVE. This matter requires a simple majority vote. page 128 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-59 RESOLUTION APPROVING A WETLANDS PERMIT AT 2054 ACACIA DRIVE WHEREAS, Wayne Cummings has applied for an after -the -fact wetlands permit to remove vegetation at 2054 Acacia Drive within a wetlands or water resource -related area (PID# 27-11500- 01-080) as proposed in Planning Case 2014-26; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on September 23, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the after -the -fact wetlands permit request as proposed in Planning Case 2014-26 is hereby approved with the following conditions: 1. Further trimming within the easement area is prohibited. 2. The natural vegetation is allowed to re -grow. 3. Any further vegetation removal actions will be subject to a separate wetlands permit application. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 129 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: September 23, 2014 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2014-26 Wetlands Permit Application APPLICANT: Wayne Cummings PROPERTY ADDRESS: 2054 Acacia Drive ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: November 1, 2014 DESCRIPTION OF THE REQUEST The applicant is seeking an after -the -fact Wetlands Permit to remove vegetation in the rear yard of the subject parcel. The impacted area is within 100 feet of a wetland or water resource -related area and does not meet the conditions for an administrative approval. BACKGROUND The subject parcel is 0.64 acres (28,050 square feet) and contains an existing single-family attached townhouse dwelling along Lake Augusta. hi addition, it is zoned R-1 One Family Residential and guided for low density residential development. The property is located within the Augusta Shores development and a substantial portion of the rear yard is within a conservation easement established as part of the Developers' Agreement in 1999. City staff was made aware of the vegetation removal within the easement area and subsequently contacted the property owner to investigate the complaint. While the removal activity was not recent, it was determined that it was in violation of the Wetlands Systems chapter of the City Code. Title 12-2-6(A)(5) of the Code requires a wetlands permit for the removal of vegetation. ANALYSIS Wetlands Permit The purpose of the Wetlands Systems chapter of the Code is to (Title 12-2-1): 1. Provide for protection, preservation, maintenance, and use wetlands/water resource -related areas; 2. Maintain the natural drainage system; 3. Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; page 130 4. Provide for protection of potable fresh water supplies; and 5. Ensure safety from floods. According to the applicant, buckthorn and 5 dead elm trees were removed from the rear yard of the property within the wetland/water resource -related area in 2006-2007 (see attached map). The trees ranged in size from approximately 6-10 inches in diameter and the stumps were left undisturbed. The impacted area is now devoid of significant cover vegetation and has been maintained as a grassy area since the buckthorn was removed in 2006. The applicant has continually trimmed the area, but not since being contacted by the City earlier this summer. In addition, piles of brush and wood have been removed and disposed of at another location. As shown in the attached photos, and verified recently by Staff, the natural vegetation is growing back aggressively. The conservation easement area along the northwest shore of Lake Augusta contains a mix of mature trees along with natural and invasive ground -cover plants, such as buckthorn, hackweed, mustards, and thistles. This level of vegetative cover in the conservation easement area has been present since before Augusta Shores was developed, and provides a buffer between the development and the lake. Due to the extent of the vegetative coverage, the lake is difficult to access and view from much of the development. With the exception of the applicant's property, the remainder of the conservation easement area has remained in its natural, unaltered state. The Augusta Shores development was designed to drain the vast majority of runoff away from the lake and into treatment ponds. The easement area was established to maintain a buffer and reduce/treat any unintended runoff into the lake. According to the Lower Mississippi River Watershed Management Organization, the lake suffers from poor water quality due to excessive nutrients (phosphorus) that spur algae growth. The source of the nutrients are from releases of phosphorus from the lake bottom and runoff from streets and yards in the watershed. In addition, the lake is landlocked, meaning no water leaves the lake through a stream or outlet structure. Continued vegetation removal and degradation of the buffer area will most likely further impair the water and is not compliant with the purpose and intent of the Wetlands System chapter of the City Code. Conservation Easement Agreement According to the Conservation Easement Agreement established as part of the Augusta Shores development: 4.) Use of Easement Area. The purpose of the Easement is to assure that the Easement Area shall at all times remain in itspresent natural condition. To accomplish thispurpose, Owner for Owner; its successors and assigns, does hereby agree as follows: (a) Owner shall not remove, destroy, cut, mow, or alter trees, shrubs, and other vegetation within the Easement Area except (i) for areas immediately adjacent to the Easement Area that may have trees, shrubs and/or other vegetation that overhangs into the Easement Area; (ii) to prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage; or (iii) to remove dead or dying vegetation. Based on the intended purpose and use of the easement area, the applicant has violated this agreement by removing the natural vegetation. While buckthorn can be considered an invasive species, and presents a barrier to use and view of the lake, it was part of the natural condition in the buffer area and should not have been removed. According to the applicant, the trees removed in 2006-2007 were dead/dying and may have been allowed under the agreement. The easement agreement does not contain any penalty provisions. City Code Violation Once notified of the Code violation for vegetation removal without an approved permit, the property owner was responsive to Staff's direction and apologetic for the situation. However, Title 12-1L-11 of the City Code authorizes the City to issue citations for violations of or refusal to comply with the provisions of the Code. Furthermore, violation of the Code is a misdemeanor, and upon conviction thereof, may be punished page 131 by a fine of no more than one thousand dollars ($1,000.00) or imprisonment for a term not to exceed ninety (90) days, or both [Title 1-4-1(A)]. At this time no citation has been issued. If the Planning Commission feels a fine is necessary in this case, it can be included as an additional condition for consideration by the City Council. STAFF RECOMMENDATION Staff recommends approval of the after -the -fact Wetlands Permit with the condition that further trimming within the easement area is prohibited and the natural vegetation is allowed to re -grow. Based on the information provided by the applicant, the trees that were removed were dead/dying and may have been allowed to be removed in compliance with the Wetlands Systems chapter and the conservation easement agreement. If no further trimming is conducted in the buffer area, the natural vegetation should be restored to be consistent with surrounding properties abutting Lake Augusta. Staff will continue to monitor the re- growth in the impacted area and work with the property to address any additional issues. ACTION REOUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of the after -the -fact Wetlands Permit for vegetation removal within the 100 -foot buffer area of a water resource -related area, with the condition that further trimming within the easement area is prohibited and the natural vegetation is allowed to re -grow. 2. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Site Photos 2. Aerial Site Map 3. Planning Applications, including supporting materials Planning Case 2014-26 2054 Acacia Drive Date: 9/15/2014 (b 0 40 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. u b, 3k.kwo6g N 3 9i�?�7;e��`iiii�ii�E�i�i�:�i�i?:-i�iii�i iii ' *a 'd yr ,/ms -10 P *NG •w age V4 alli A I page 135 1101 Victoria Curve I Mendota Heights, HN 55118 651.452.1850 phone 1 651.452.8940 fax w,.^roi.iii,-ndota-lieiglits.coiii CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: a 0 574 cac i a Applicant Name:((f u Phone: 6S -1-Y-5 f" Applicant E -Mail Address: EQjImp r_ 2o3 40 Applicant Mailing Address: Property Owner Name: Property Owner Mailing Address: Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Tly 2 -1 tj 5_0o a i a �,Q Pro e- stopt't two t7toc./r, t Type of Request: L-1 Rezoning 0 Conditional Use Permit LJ Conditional Use Permit for PUD LJ Variance C4 Wetlands Permit Ll Preliminary/Final Plat Approval L1 Subdivision Approval Ll Critical Area Permit 0 Comprehensive Plan Amendment LJ Code Amendment Ll Lot Split Ll Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. Signature Applicant Date Signature of Owner mon Signature of Owner (if more than one) Date Planning Application (modified 112812014) Page 1 of 1 1101 Victoria Curve I Mendota Heights, I -IN .55U8 651.452.1850 phone 1 651452.8940 fax CITY OF MENDOTAHBGHTB WETLANDS PERMIT REQUEST Applications will be scheduled for consideration by the Office Use Only. Planning Commission and/or City Council only after all required materials have been submitted. Application s submittal deadlines are available on the City's website Applicant: Ct- or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Address: 2-o r&( At-& P APPLICATION REQUIREMENTS: • Dated original of all the rnaieh8|S checked rnUSt be submitted by the end of the business day the Monday before the first Tuesday of the month. m If all original materials are 11 X 17 O[smaller — only submit originals. * |fmaterials are larger than 11X17.please provide 24copies, folded toO1/2 x11. • Any drawing in color — must submit 24 copies. The following materials must b8submitted for the applicationto be considered t8: Fee, 88included iDFee Schedule (check payable tUCity ofMendotaHeights) NOTE. Planning Application fees d0 not cover building permit fees, utilities, Orother fees which may berequired for you /0 completeyOUT project. XCOmmp|etedApplication Form (only original needs tObSSUbDlitted\. Letter ofIntent. Full and adequate description of all phases of the operation and/or proposed physical changes. LI Soil survey map ofthe proposed plat. XTopographic map ofthe area. Contour intervals shall bedrawn ottwo /7\foot intervals. LI Detailed site plan of the proposal showing proposed drainage, grading, and landscaping. 4,~��� [-1 Site design rnop showing the |oo8tiOD of existing and future rnen-Dlode features within the site. »_,/g. [3 Information ODexisting drainage and vegetationofall land within the site. [3 Time period for completion of development including timing for staging of development if LJ Design specifications for all sediment and erosion control measures. A-1 * Wetlands Permit Request (modified 121612013) Page YnfY page 137 September 25, 2014 City of Mendota Heights RE: 2054 Acacia Drive Our area was thick with Buck Thom and had five dead Elm Trees (ranging in size from approximately 6-10" in diameter). I hired "Billy's Complete Tree Service" in June of 2006 to cut and remove/clean up the Buck Thom (a copy of his business flyer and invoice is attached). I had friends help cut the dead trees in late 2006 and 2007. The debris was hauled away, but the stumps of these trees remain on the property. At this time, the area has 25+ trees remaining and ground vegetation (brush,weeds,etc). I Wayne umminCrnr - m6Zm'F gs 111"egetation Removal Inventory 2054 Acacia Drive Date: 7/24/2014 City of Mendota 2! GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call` at 651-454-0002 for utility locations, 48 hours prior to any excavation. Igo I MJ toll State ofMinnesota � =' County ofDal- ANNE n� being duly sworn, onoath, says that he/she is the publisher or authorized agent'ond employee of the publisher of the newspaper known as and hos full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as o qualified newspaper, aeprovided byMinnesota Statute 331Al2,331A.O7 and other applicable laws, as amended. (B) The prinbad^"~'^ICE OFBEAJUNG which ioattached was cut from the columns ofnuidnepoper, and was printed and published once each week, for l successive weeks; it wae �' first published on �U��� the7`H dmy of SEPTEMBER , 2014 and was thereofter printed and published on every to and including . the ______day of . 20___; and printed below is o copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used inthe composition and publication ofthe notice: Subscribed and sworn tobefore meon this 8TH 14. TITLE LEGAL COORDINATOR ONotary Public *Alphabet should be in the same size and kind of type as the notice.' NYA R. WHIT E Notary Public -Min esota RATE INFORMATION My Commission E-ppires J 31, 2015 (1) Lowest classified rate paid bv (3) Rate actually chorgedfortheabovenlatter-------------------.$ per Col. inch 1/14 page 140 page 141 Planning Case 2014-26 Public Hearing Notice Mailing List 271150001030 271150001130 O 2069 ACACIA DR 2074 ACADIA DR BRADLEY L COWLE HOWARD M & ELAINE R KURETSKY 271150001020 O 2073 ACACIA DR DAVID S & NANCY J SLOAN 271150001150 a 2082 ACACIA DR FLORIE A TSTE MARVY 271150001070 2050 ACACIA DR GERALD MICHAEL REED 271150001010 m 2077 ACACIA DR GILES G & VALVA K LOMMEL 271150001160 2086 ACACIA DR STANLEY & MARJORIE WESTERHEIM 271150001110 2066 ACACIA DR STUART & MARGERY PIHLSTROM 271150001080 2054 ACACIA DR WAYNE G & JANET A CUMMINGS 271150001030 m 2069 ACACIA DR BRADLEY L COWLE Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map ScaIe a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1287 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/4/2014 271150001170 © 270410 2090 ACACIA DR CATHOLIC C CEMETERIES EM JAMES W & KATHRYN L HAIGHT 271150001090 © 270410010010 ® 2058 ACACIA DR CATHOLIC CEMETERIES MUSTAFA M & NANCY M AKSOY 271150001050 10 270410 m 2059 ACACIA DR CATHOLIC C CEMETERIES RICHARD G TSTEE REYNEN 271150001100 271150001140 © 2062 ACACIA 2078 ACADIA DR CHERYLE G KRISTAL ROBERT & LULU D HOFFMAN 271150001120 271150001060 0 2070 ACACIA DR 2053 ACACIA DR DAVID E & KAYE M JANKOWSKI ROBERT G TSTE MAIRS 271150001020 O 2073 ACACIA DR DAVID S & NANCY J SLOAN 271150001150 a 2082 ACACIA DR FLORIE A TSTE MARVY 271150001070 2050 ACACIA DR GERALD MICHAEL REED 271150001010 m 2077 ACACIA DR GILES G & VALVA K LOMMEL 271150001160 2086 ACACIA DR STANLEY & MARJORIE WESTERHEIM 271150001110 2066 ACACIA DR STUART & MARGERY PIHLSTROM 271150001080 2054 ACACIA DR WAYNE G & JANET A CUMMINGS 271150001030 m 2069 ACACIA DR BRADLEY L COWLE Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map ScaIe a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1287 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/4/2014 page 142 10 c. 1101 Victoria Curve I Mendota HbigilLb, M4 5118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Critical Area Permit at 744 Woodridge Drive BACKGROUND The applicants are seeking a Critical Area Permit to construct a retaining wall, patio, fence, and swimming pool, and an expansion to the existing screen porch. The subject parcel is located within the Mississippi River Corridor Critical Area and requires City Council approval for the proposed improvements before a building permit or zoning approval can be issued. The purpose and intent of the Critical Area Overlay District is to prevent and mitigate irreversible damage to this unique resource, to preserve and enhance its values to the public, and to protect and preserve the system. The staff report includes a detailed analysis of the proposed improvements and applicable development standards. As part of a separate request (Planning Case 2014-28), the applicants are seeking an amendment to the City Code to allow an exception from the swimming pool fencing requirements for automatic pool covers. If approved, they would not construct the fence included as part of the proposed project. The Planning Commission conducted a public hearing at the September 23 meeting; there were no comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the critical area permit, with conditions, as described in Planning Case 2014-27. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-60 APPROVING A CRITICAL AREA PERMIT AT 744 WOODRIDGE DRIVE. This matter requires a simple majority vote. page 143 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-60 RESOLUTION APPROVING A CRITICAL AREA PERMIT AT 744 WOODRIDGE DRIVE WHEREAS, Sarah and Aaron Macke have applied for a critical area permit to construct a retaining wall, patio, fence, and swimming pool, and an expansion to the existing screen porch at 744 Woodridge Drive within the Mississippi River Corridor Critical Area (PID# 27-37780-01-020) as proposed in Planning Case 2014-27; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on September 23, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the critical area permit request as proposed in Planning Case 2014-27 is hereby approved based on the finding that the application meets the policies and standards of the Critical Area Overlay District. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the critical area permit request as proposed in Planning Case 2014-27 is hereby approved with the following conditions: 1. Building, fence, and grading permits are approved by the City prior to construction of the proposed improvements. 2. Construction of the proposed improvements shall be in compliance with the City's Land Disturbance Guidance Document. 3. The swimming pool is not to be drained toward any bluff line. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014 CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 144 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: September 23, 2014 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2014-27 Critical Area Permit Application APPLICANT: Sarah and Aaron Macke PROPERTY ADDRESS: 744 Woodridge Drive ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: November 11, 2014 DESCRIPTION OF THE REQUEST The applicants are seeking a Critical Area Permit to construct a retaining wall, patio, fence, and swimming pool, and an expansion to the existing screen porch. The subject parcel is located within the Mississippi River Corridor Critical Area and requires City Council approval for the proposed improvements before a building permit or zoning approval can be issued. BACKGROUND The City approved the "Ivy Ridge Addition" plat in 2008 and the applicants received a critical area permit in 2010 to construct the existing single-family dwelling on the 1.75 -acre subject parcel. In addition, it is zoned R-1 One Family Residential and guided for low density residential development. As part of a separate request (Planning Case 2014-28), the applicants are seeking an amendment to the City Code to allow an exception from the swimming pool fencing requirements for automatic pool covers. If approved, they would not construct the fence included as part of the proposed project. ANALYSIS Comprehensive Plan The subject parcel is guided LR Low Density Residential in the 2030 Comprehensive Plan. The applicants' request to construct the proposed improvements are consistent with the continued use as a single-family residential dwelling. Critical Area Overlay Zoning District The purpose and intent of the Critical Area Overlay District is to: "...prevent and mitigate irreversible damage to this unique state, local, regional and national resource to promote orderly development of the residential, commercial, industrial, recreational andpublic areas, to page 145 preserve and enhance its values to the public and protect and preserve the system as an essential element in the city's transportation, sewer and water and recreational systems... " [Title 12-3-2] Development Standards Title 12-3-8 contains development standards in the Critical Area in order to maintain the aesthetic integrity and natural environment. The standards are designed to protect and enhance the shoreline and bluff areas, provide sufficient setback for on-site sanitary facilities, prevent erosion of bluffs, minimize flood damage, and prevent pollution of surface and ground water. The following applicable standards apply to the proposed project: Setback From BluffLine: No structure shall be constructed less than forty feet (40) landwardfrom the bluff line of the river. According to the Grading Plan, all proposed improvements will be compliant with the bluff setback standard. Setback From Normal High Water Mark: No structure or road shall be constructed less than one hundred feet (100) from the normal high water mark of any water body. The proposed improvements are over 250 feet from Ivy Falls Creek, which is the nearest water body. Height Of Structures: All new structures shall be limited to the lesser of the underlying zoning district regulations or thirty five feet (35). The R-1 District structure height requirement is the lesser of 2 stories or 25 feet, which supersedes the 35 -foot height requirement in the Critical Area. The proposed enclosed porch expansion will maintain the existing roofline, which faces the bluff, and will not increase the height of the already -approved structure. Protection Of Natural Features: The governing body may require the preservation of natural features such as large trees, watercourses, scenic points, historical sites and similar community assets and may decline approval of a subdivision or other development if provision is not made for preservation of these assets. The proposed project will not remove any trees and any ornamental landscaping removed will be replaced with similar plantings; there will be no negative impacts to any significant natural features. Natural Resource Mang eg ment Title 12-3-9 contains natural resource management standards in the Critical Area. The standards have been developed to promote, preserve and enhance the natural resources within the Critical Area and to protect them from adverse effects by regulating developments that would have a severe adverse and potentially irreversible impact on unique and fragile environmentally -sensitive land. The following applicable standards apply to the proposed project: No development shall be permitted on slopes of eighteen percent (1801o) or more. No development shall be permitted on land having a slope before alteration in excess of twelve percent (12%) but less than eighteen percent (1801o), unless specific conditions are met. According to the Grading Plan, the proposed improvements will not impact any slopes greater than 12%. Structures, including utilities and roadways, shall be sited so as to minimize the impact on natural areas and unique plant and animal species within the district. No substantial alteration of the natural environment or removal of vegetation may be permitted, when such alteration or removal would significantly diminish the scientific, historical, educational, recreational or aesthetic value of the resource, or where the alteration or removal would remove a unique or endangered plant species or the supporting page 146 environment or critical habitat or a unique or endangered animal species, or where such activities would have a significant detrimental impact upon the food supply, security and reproductive cycle of the species. The proposed pool and patio will be located in the existing undeveloped backyard area (see attached photos). While it will create additional impervious surface, the vast majority of the rear yard will be unaffected. As noted, no trees will be removed as part of the proposed project. No significant critical habitat or endangered animal species were specifically identified as being present on the subject parcel as part of the critical area permit approved for construction of the house in 2010. Grading and Drainage Engineering Department comments: As previously noted, the proposed improvements do not impact slopes greater than 12%, and the post construction drainage pattern remains consistent with the existing condition. In fact, the proposed development, if constructed, appears to improve bluff line drainage as the site runoff is proposed to be disbursed downstream where it is currently in a single channel. Furthermore, the applicant is accepting of a proposed condition that the pool not be drained towards the bluff line; alternative plans for draining the pool need to be in place. Final grading plans, including proposed erosion control measures, will be required and reviewed as part of the building permit review process. Swimming Pool The proposed project includes a 512 -square foot in -ground pool surrounded by a 4 -foot wide concrete deck. As shown on the Landscape Plan, additional improvements include a natural stone dining patio, hot tub, bubbling boulder, masonry fire pit, and planting areas. Private swimming pools are a permitted accessory use in the R-1 District and require a building permit prior to construction. Title 9-2 of the City Code contains the following swimming pool regulations: T.orotion Pools shall not be located within ten feet (10), measured horizontally, from overhead or underground utility lines of any type. Pools shall not be located within any private or public utility, walkway, drainage or other easement. There are no overhead utility lines in the proposed pool location and underground utility locations will be verified and located prior to any excavation activity. The proposed pool location is not within any easements. Pools shall not be located within ten feet (10) of any rear lot line or within ten feet (10) of any side lot line nor within ten feet (10) of any principal structure or of any frost footing. Pools shall not be located within any required front yard. The proposed pool will be located in the rear yard of the subject parcel, approximately 25 feet from the nearest lot line and approximately 15 feet from nearest portion the principal structure. Noise Control: The filter unit, pump, heating unit and any other noisemaking mechanical equipment shall be located at least twenty five feet (25) from any adjacent or nearby residential structure and not closer than eight feet (8) to any lot line. The location of the pool equipment was not provided as part of the application; compliance will be verified during the building permit review process. page 147 Fences, Gates and Screening Pool areas are required to be enclosed with fencing to effectively prevent the entrance of children and be without handholds or footholds that would enable a child to climb over it or pass through it. In addition, fences only enclosing the swimming pool area must have adequate screening from adjacent single-family properties. The proposed project includes a 5 -foot tall, black ornamental, 3 -rail aluminum fence surrounding the entire landscaped area. As noted, the applicants are requesting a code amendment to allow an automatic pool cover as an exception to the fencing requirements, and if approved, will not be installing a fence. In the event the code amendment request is denied, the applicants will be required to submit additional materials indicating compliance with the applicable swimming pool fence requirements to be reviewed as part of the building permit. Drainage Of Water To the extent feasible, backflush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways and shall not drain onto adjacent private land. Drainage onto public streets or other public drainageways shall require permission of the appropriate local city officials. According to the applicant, drainage of the pool will be accomplished be pumping the water into a truck or to the storm drain on Woodridge Drive. Retaining Wall The proposed project also includes the removal and reconstruction of a retaining wall on the west side of the house, including landscaping and patio improvements. According to the applicants, the existing retaining wall, patio, and landscaping have been damaged by erosion from the natural drainage pattern from surrounding properties. The Code requires retaining walls in the Critical Area, on slopes between 12% and 18%, to be constructed of native stone or wood and not exceed 5 feet in height. The new retaining wall will be constructed of 8 -inch thick wall stone into the existing contours of the rear yard at heights ranging from 3 to 1.5 feet; both of which comply with the Code requirements for greater slopes than exist in the impacted area. Furthermore, the Code requires retaining walls surrounding swimming pools to be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by a fluid weighing not less than 30 pounds per cubic foot and having depth equal to that of the retained earth. Compliance with this requirement will be verified by the Engineering Department as part of the building permit review process. Landscaping As noted, the Code requires fences only enclosing the swimming pool area to have adequate screening from adjacent single-family properties; this includes, but is not limited to, landscaping. According to the applicants, many of the existing plantings in the new landscaped area will be re -used and additional plantings will include similar species. The rear yard of the subject parcel abuts the bluff and there is significant existing vegetation that provides a buffer from adjacent properties. The proposed retaining walls will screen the pool area from properties to the north and existing pine trees and other vegetation already provide screening to the south. Enclosed Porch Expansion The existing home contains an attached covered screen porch and adjoining deck off the back of the house, which faces the bluff. The proposed project would expand the covered screen porch by 285 square feet page 148 over the deck and maintain the existing roofline. In addition, the existing unfinished open-air space under the covered screen porch/deck would be finished to create a 513 -square foot multi-purpose space for recreation and storage. The same exterior materials would be used, which feature natural stone and Hardie siding (see attached photos). STAFF RECOMMENDATION Staff recommends approval of a Critical Area Permit for the proposed improvements based on the finding that the application meets the policies and standards of the Critical Area Overlay District, with the following conditions: 1. Building, fence, and grading permits are approved by the City prior to construction of the proposed improvements. Construction of the proposed improvements shall be in compliance with the City's Land Disturbance Guidance Document. 3. The swimming pool is not to be drained toward any bluff line. ACTION REQUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of the Critical Area Permit for the proposed improvements based on the finding that the application meets the policies and standards of the Critical Area Overlay District, with conditions. 2. Recommend denial of the Critical Area Permit for the proposed improvements based on the finding that the application does not meet the policies and standards of the Critical Area Overlay District. OR 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Site Photos 2. Aerial Site Map 3. Planning Application, including supporting materials E ,'- „�...� ,� �r �: �� �,,� � , ��z '� � , � � _ � ��. �' ,,� `� Planning Case 2014-27 744 Woodridge Drive Date: 9/12/2014 0 80 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 151 1101 Victoria Curve I Mendota Heights, MN 5508 651.452,11350 phone I 651.452:8940 fax WWNV;rnendbta-heighk�xorn CITY OF MENOOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: _114� \J\jQ66Y-1Aqf_ * \Ve' Applicant Name: Sara_ll �A acv_e, Phone: U51- bq- qWtl Applicant E -Mail Address: Ga S S,4 MOal, e, cu,ry-) Applicant Mailing Address: Woocly'lCO\C bnvc Property Owner Name: Gava_y) -1 norm Haekf, Phone: 10�51-L0%-QU_N Property Owner Mailing Address: __1L4q Woov-'idg_Cbv')"fe Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) )bobL�, N� R_AOAC. Air rd300y'\ 7- 7 - 377 8 Type of Request: LJ Rezoning Ll Conditional Use Permit LJ Conditional Use Permit for PUD 0 Variance Ll Wetlands Permit 0 Preliminary/Final Plat Approval LJ Subdivision Approval A Critical Area Permit LI Comprehensive Plan Amendment LJ Code Amendment Ll Lot Split LI Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to ins7pc the ve property during daylight hours. M_ i t , on -a iADr)licanf Date N MNA M o- 'PAN?IND wn r Date Signature of Owner (if more than one) Date Planning Application (modified 112812014) Page 1 of 1 page 152 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.IB50 phone I 651A52.8940 fax CITY OF MENOOTA HEIGHTS. CRITICAL AREA PERMIT REQUEST Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. APPLICATION REQUIREMENTS: • Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. • If all original materials are 11 x 17 or smaller — only submit originals. • If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/2 x 11. • Any drawing in color — must submit 24 copies. The following materials must be submitted for the application to be considered complete: Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE. Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project Completed Application Form (only original needs to be submitted). Letter of Intent. Site Plan, prepared to a scale appropriate to the size of the project and suitable for the review to be performed, including: Location of the property, including such information as the name and numbers of adjoining, roads, railroads, existing subdivisions, or other landmarks. Existing topography as indicated on a contour map having a contour interval no greater than two feet (2') per contour; the contour map shall also clearly delineate any bluff line, all streams, including intermittent streams and swales, rivers, water bodies, and wetlands located on the site. 1K A plan delineating the existing drainage of the water setting forth in which direction the volume, and at what rate the stormwater is conveyed from the site in setting forth those areas on the site where stormwater collects and is gradually percolated into the ground or slowly released to stream or lake. A description of the soils on the site including a map indicating soil types by areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. All areas Critical Area Permit Request (modified 121612013) Page 1 of 2 page 153 proposed for grading shall be identified by soil type, both as to soil type of existing topsoil and soil type of the new contour. The location and extent of any erosion areas shall be included in the soils description. Description of the flora and fauna, which occupy the site or are occasionally found thereon, setting forth with detail those areas where unique plant or animal species may be found on the site. )i Description of any features, buildings, or areas which are of historic significance. Map indicating proposed finished grading shown at contours at the same intervals proposed above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features. t)II- Landscape plan drawn to an appropriate scale including dimensions, distance, location, type, size, and description of all existing vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to this site as part of the development. Proposed drainage plan of the developed site delineating in which direction, volume, and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect and gradually percolate into the soil, or be slowly released to stream or lake. The plan shall also set forth hydraulic capacity of all structures to be constructed or exiting structures to be utilized, including volume or holding ponds and design storms. Erosion and Sedimentation Control Plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction including a statement expressing the calculated anticipated gross soil loss expressed in tons/acres/year both during and after construction. )d Proposed size, alignment, height, and intended use of any structures to be erected or located on the site. Clear delineation of all areas which shall be paved or surfaced including a description of the surfacing material to be used. Description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river and/or public river view opportunities both before and after development; a description of the development's impact on existing views of and along the river. )ff Description of all parking facilities to be provided as part of the development of the site including an analysis of parking needs generated by the proposed development. Delineation of the area or areas to be dedicated for public use. Delineation of the location and amounts of excavated soils to be stored on the site during construction. g Any other information pertinent to that particular project which in the opinion of the City or applicant is necessary or helpful for the review of the project. Critical Area Permit Request (modified 121612013) Page 2 of 2 page 154 Application for Critical Area Permit, Letter of Intent September 2, 2014 Sarah and Aaron Macke 744 Woodridge Drive In October, 2010, we moved into our newly built single family home at 744 Woodridge Dr. It is our dream home and love living in Mendota Heights and specifically in the beautiful Ivy Falls neighborhood. Our lot is situated behind three other properties (754 and 734 Woodridge Dr. and 711 Maple Park Ct.) on the bluff of the Mississippi River protected corridor in a critical area. This creates for a great view and appreciated privacy. The location, however, which is behind and down -hill from the properties of 754 and 734 Woodridge Dr. has also proven to be a challenge with water management. This challenge has forced us to redesign existing exterior features of our home including a retaining wall, patio and landscaping, and it has inspired us to design enhancements to our backyard including an expansion of our screen porch and addition of a swimming pool. It is for these two reasons that we write and apply for a critical area permit. Water Management: When Loucks and Associates surveyed and recommended a placement for the building of our house on the existing property, we knew that we would be building it in the middle of an existing exit point for water running off of the above addresses. The thought however was that we could place it in a manner that would direct the water around the house to the East and West. While this has proven accurate for the most part, we have realized that significant amounts of water moving around the West and then to the South are eroding our existing retaining wall, patio and landscaping. The original placement and structure of these features are inadequate for managing the amount of water we experience throughout the Spring and Summer seasons. We are respectfully requesting a permit to remove and rebuild a retaining wall on the West side, to remove and rebuild the patio to the West/Southwest back, and the landscaping on the West and South sides of our house. The retaining wall will be larger and redesigned to manage the water further away from the house, the patio will be larger and include smaller retaining walls to better move/manage the water after it comes around the retaining wall, and landscaping that will withstand the moving water more effectively. Neither the retaining wall, patio nor landscaping will encroach on the 40 ft. setback of the bluff line. Backyard Enhancements: Existing with our home today is an attached covered screen porch off of the back of the house. The porch has an adjoining open air deck. We would like to extend the covered screen porch, same height as the existing roof, over the deck to create a larger porch. This would provide for more seating and enjoyment especially during the mosquito ridden months in the summer. Currently, under the screen porch, is an open air, unfinished space that is an eye sore and needs improvement. We would like to enclose that space, finish the interior and create a multi-purpose space for recreation and storage. The exterior would be finished to keep with the existing exterior using natural stone and Hardie siding. Adjacent to the patio and retaining wall mentioned above, would be the addition of an in -ground swimming pool approximately 16' x 32' with an automatic safety cover. The pool would be Page 1 of 2 page 155 Application for Critical Area Permit, Letter of Intent September 2, 2014 situated with the new patio, retaining wall and landscaping so as to create an enhanced backyard experience and to improve the management of water running around and exiting our property. Drainage of the pool, if ever needed, will be done by pumping the water into a truck for removal, or to the storm drain at the end of our driveway on Woodridge Drive. We will not be removing any trees, and will complete the new landscaped area by re -using the majority of our existing plants as well as additional plants of the same species (Hosta, Bonanza Gold and Crimson Pygmy Barberry, Lime Glow Juniper, Daylily, My Monet and Wine and Roses Weigela). In coordination with this application, we are seeking a code amendment to allow an automatic safety cover to be used in lieu of the fence requirement. If that amendment is denied, we will be installing a black ornamental 3 rail aluminum fence, 5 ft. in height, surrounding the newly landscaped area. Thank you for your consideration of our application for the critical area permit. We love our home and look forward to making it even better with improved water management and enhanced backyard features. Sincerely, Sarah and Aaron Macke Page 2of2 p w __ o � 3 ow <o 3 woo -3= a oo� a= w 62 oogw LL Ns o =o 'o o a € =o& 3 s F=o 11 so =s = 3 zm o E y N L E Q E - \\. t c ZO ZW / o a �j} _ � &3 / jMq m l Zu& 10 esu _ v�A Z f JrJ LU w 3 LLI v LLI 33 o &oo W 3F Eo Y ^z s �I o$ w I 2 Ij &z 1 C . ' G C v1m A dr r T -_ - Y 3 - cf S ZO S a His LA KUM jig lit 11 10 11 -oaE v. 3 3 m3 m E9E ° lid >m m \) WrEll. l2'a E alit NE lei o a oil gaa =- E Mil,° ° - � rc' n 1 1 log _ c° w �� uW �� W� � ��a \J) i vv�v1 1 IN w_v, I vv vv vv ao� wl ��v vv I r; v im 1:�= ON v'a hl + /- -- ------ - " A \VA i�Y l ���aer ekes o A 1 aV AV A�- y 77- A�7 V��VA�� v/ _i i /i✓ ice} \ ai H� I / z Ip° <� 1 �� / �/ / VA \\ -• I it �-r-- -�-' I I I i �� `i E'i/ �l i/ // \tel/ //// ��� i \/v�1�v�� / V cO �✓ _�� � _ /i/� ad // / i iii ii got" /'/V \O\\�� Q / � ^��� � 098`==. �����-_,-\ dl,`/ ✓%%// � jai/// /ii �/i /moi. /Y�///y//���/ii�/ ///i/l�ll 'II�A�A� A� A ��VA� o i`o'��g5� —���� A���—�---✓l/////U�/X� G/�� /�%/�i/%�/i �i //��i�/�%/� ///�///l� vvvv� / /N//Ill \\\\� �\\��\\\\\\ ° /° - 5d / ���-� moi- ��// i ✓iii✓/////ll V// AVA �i-�i✓ //� l / \ "/v�' / �//�4 1/141 `� i � / ��� i � ✓, i i / ✓ � jii i � / / I I III I V �\ ��vvvv\V vc = / � Affidavit of Publication state ofMinnesota � 88 County of Dakota� '��/��' ` `' ~' ANNE TFHLLEN be�gdu�sworn, on oath, oayath�t he/she is the publisher or authorized agent m and � the publisher of the newspaper known �p�� m publisher as,-- SOUTH-WEST and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as o qualified newspaper, as provided by Minnesota Statute 331A1021 331A.07, and other applicable laws, �amen �d. (B) The prinbad'`°^^[E[FHEARING which is attached was cut from the columns of said newspaper, and _w_as__printed_x_�_�_and published-___ _ _._._~ ~ each vnek' for ---- successive weeks; it was first published on SUNDAY ^ the 7 TH day of SEPTEMBER . 20/_4 and was thereafter printed and published on every _ to and bad below is a copy of the including ` the ______�day of . 2D____ and p h n -------- lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used inthe composition and publication ofthe notice: Subscribed and sworn tobefore meon oTol4 yoynuzT^^"�,E�. 3 M�'��NotaryPu�bric�� *Alphabet should beinthe same size and kind of type aethe notiu INFORMATION Public -Minnesota RATE Notary my commission Expinas Jan 31, 2DI 5 (1) Lowest classified rate paid vY $25OUper col. inch � percoi�oh �0Rate anhuo�charged �nthe above mo�er-------------------. 1/14 page 160 page 161 Planning Case 2014-27 Public Hearing Notice Mailing List 273778001020 273770001021 Q 744 WOODRIDGE DR ® 727 WOODRIDGE DR AARON M & SARAH A MACKE DIANNE D TSTE SIEGEL 279007000010 © 731 WOODRIDGE DR ARTHUR M PERLMAN ©273775014190 CITY OF MENDOTA HEIGHTS 273760002070 a) 709 WOODRIDGE DR GARY R & MARY K FABEL 273767601161 ® 739 KNOLLWOOD CT GARY R KRAVITZ 273775011130 273760006190 CITY OF MENDOTA HEIGHTS 0 IVY FALLS HOME OWNER ASSOC ©273775011170 CITY OF MENDOTA HEIGHTS 0 273775011261 CITY OF ST PAUL 240380025011 CITY OF ST PAUL 243770010092 CITY OF ST PAUL 273770002020 ® 714 WOODRIDGE DR JAMES & LOIS FRITZ 273767601162 M 741 KNOLLWOOD CT JEFFREY F & SUSAN H PIPER 273760006041 703 MAPLE PARK CT JEFFREY J MESSERICH 273760006030 M 1157 CASCADE LN KATHERINE G GOODRICH 273760006042 273760006070 0 DAVID & DOROTHY BOLANDER m 714 MAPLE PARK CT LORELEI ❑ RITTER 273770001022 273767601130 711 WOODRIDGE DR 1220 KNOLLWOOD LN DAVID A BERG P JAMES & CARLA J TAURINSKAS Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1133 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/4/2014 page 162 Page 2 273760006020 273775011080 1149 CASCADE LN STATE OF MN - DOT PAUL S & BEVERLY JOHNSON 273770002010 M 734 WOODRIDGE DR RICHARD B & ANN B CAMMACK 273760006050 711 MAPLE PARK CT ROGER J & MARY A YACKLEY 273778001010 754 WOODRIDGE DR SARA L & TODD H HULSE 273070000010 774 SIBLEY MEMORIAL HWY SEGUNDO M & JOAN M VELASQUEZ 243770011310 STATE OF MN - DNR 270390021010 STATE OF MN - DNR 273775011301 STATE OF MN - DOT 273760006060 716 MAPLE PARK CT TERRACE K & KATHLEEN RUSSELL 279007000022 TERRANCE & KATHLEEN RUSSELL 273767601140 ® 1232 KNOLLWOOD LN THOMAS E & SUSAN E GRANDE 273760006080 706 MAPLE PARK CT THOMAS PEINE 273760006010 1133 CASCADE LN WILLIAM L & JOAN K GACKI Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale a legal document and should not be substituted for a title search,appraisal survey, or for zoning 1 inch = 1130 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/4/2014 page 163 10 d. 1101 Victoria Curve I Mendota 4,YJIL3 7114 5118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Denying a Code Amendment for an Exception for Swimming Pool Fencing Requirements BACKGROUND The applicants are requesting an amendment to Title 9-2-4(C) of the City Code to allow an exception for swimming pool fencing requirements. The applicants' letter of intent includes the rationale for their request and proposed language. The City Council considered a similar amendment in 2005 and ultimately denied the request. Since the code amendment application in this case was tied to a critical area permit request for the construction of a private swimming pool and fence, Staff brought both applications before the Planning Commission. While the Planning Commission recommended denial of the proposed amendment (4-3), there was consensus to include similar requirements for proof of insurance and annual inspection reports, as were proposed in the 2005 amendment considered by the Council. hi addition, there was discussion that pool covers in lieu of fencing may work for some properties, but not all. If supported by the Council, Staff can further research the issue and propose additional code language that may allow an exception to the swimming pool fencing requirements for properties meeting certain additional conditions. Potential conditions to consider could include lot size, distance from other residential dwellings, or location in the critical area and/or wetlands district. The Planning Commission conducted a public hearing at the September 23 meeting; there were no comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended denial of the proposed code amendment, as described in Planning Case 2014-28. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-61 DENYING ORDINANCE NO. 469 TO AMEND THE CITY CODE TO ALLOW AN EXCEPTION FOR SWIMMING POOL FENCING REQUIREMENTS. An alternate resolution of approval is also attached for consideration. This matter requires a simple majority vote. page 164 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-61 RESOLUTION DENYING ORDINDANCE NO. 469 TO AMEND THE CITY CODE TO ALLOW AN EXCEPTION FOR SWIMMING POOL FENCING REQUIREMENTS WHEREAS, Sarah and Aaron Macke have applied for a code amendment to allow an exception for swimming pool fencing requirements for automatic pool covers, as proposed in Planning Case 2014-28; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on September 23, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the code amendment request as proposed in Planning Case 2014-28 is hereby denied based on the following findings of fact: 1. The current City Code swimming pool fencing requirements are consistent with safety barrier guidelines from the U.S. Consumer Product Safety Commission and are appropriate for the majority of residential properties in order to provide protection against potential drownings and near -drownings by restricting access. 2. Automatic swimming pool covers do not alone provide adequate safety measures and should only be used to complement the existing regulations. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 165 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-61 (ALTERNATE) RESOLUTION APPROVING ORDINDANCE NO. 469 TO AMEND THE CITY CODE TO ALLOW AN EXCEPTION FOR SWIMMING POOL FENCING REQUIREMENTS WHEREAS, Sarah and Aaron Macke have applied for a code amendment to allow an exception for swimming pool fencing requirements for automatic pool covers, as proposed in Planning Case 2014-28; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on September 23, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the code amendment request as proposed in Planning Case 2014-28 is hereby approved based on the following findings of fact: 1. The proposed exception for automatic pool safety covers meets industry safety and weight- bearing standards. 2. Automatic pool covers, when closed, cover the entire pool surface and can enhance safety if access is gained to the pool area. 3. The proper use of automatic pool covers can save water by retaining heat and reducing evaporation. 4. Swimming pool fencing can disrupt natural areas and animal movement. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 166 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF rn MENDDTA HEIGHTS DATE: September 23, 2014 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2014-28 Code Amendment Application APPLICANT: Sarah and Aaron Macke PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: November 8, 2014 DESCRIPTION OF THE REQUEST The applicants are requesting an amendment to Title 9-2-4(C) of the City Code to allow an exception for swimming pool fencing requirements. BACKGROUND As part of a separate request, the applicants are seeking a critical area permit to construct a pool and additional improvements in the rear yard of their property. The applicants' letter of intent includes the rationale for their request and proposed language. ANALYSIS Existing Code Requirements Title 9, Chapter 2 of the City Code contains swimming pool requirements; the fencing requirements are as follows: 9-2-4: REQUIREMENTS IN ALL ZONING DISTRICTS: C. Fences, Gates And Screening: 1. The pool area shall be enclosed with fencing to effectively prevent the entrance of children and be without handholds or footholds that would enable a child to climb over it or pass through it. The fence shall be at least five feet (5) in height, but not exceeding six feet (6), to prevent uncontrolled access from the street or adjacent property. Where horizontal fence members are less than forty five inches (45') apart, vertical spacing shall not exceed one and three-quarter inches (13/4'). Where horizontal members are equal to or more than forty five inches (45') apart, vertical spacing shall not exceed four inches (4'), spaced so that a four inch (4') sphere cannot pass through. The spacing between the bottom of the fence and grade shall not exceed four inches (4'). 2. Fences shall have self-closing and self -latching gates with provisions for locking and shall be completely installedprior to the filling of the pool. Spacing between the bottom offence gates and grade page 167 shall not exceed four inches (4'). The gate release mechanism shall be placed a minimum of fifty four inches (54') above the bottom of the gate. 3. Where the fence encloses only the swimming pool area, adequate screening, including, but not limited to, landscaping, shall be placed between the pool area and adjacent single-family district lot lines. These requirements are reviewed and approved as part of the building permit application. Proposed Amendment The applicants are proposing to amend the City Code to read as follows: "Exception to the fence requirement for pool covers conforming to ASTM F 1346-91, Standard Performance Specifications for Safety Covers and Labeling Requirements. " ASTM International develops and delivers voluntary consensus standards for a variety of products. Some of the conditions for ASTM specification F 1346-91 include: • Provisions such as keys, combination locks, special tools, devices or inaccessible locations to inhibit children under 5 years of age from the removing or operating the cover • Switching devices that are key -operated must be locked away or able to be de -activated or located in an inaccessible location, at least 5 feet above the pool deck • Cover should be able to hold a weight of 485 pounds (2 adults and 1 child) to permit rescue operation • Demonstration that any opening in the cover is sufficiently small and strong enough to prevent the test object being passed through • Standing water must be substantially drained from the cover within a period of 30 minutes after a normal rainfall • Meet labeling requirements for all covers for swimming pools, spas and hot tubs • Cover must be reversible in direction from a full stop at any point in its travel without having to complete the full open or closed cycle The proposed Code language would be the same as contained in the Inver Grove Heights City Code. Other jurisdictions, including the cities of Sunfish Lake, Maplewood and Rochester, and Scott County allow exceptions to the fence requirements for automatic or manually -controlled pool covers. STAFF RECOMMENDATION Safety barrier design requirements for private outdoor swimming pools are intended to provide protection against potential drownings and near -drownings by restricting access. The City's existing swimming pool fencing requirements are consistent with safety barrier guidelines from the U.S. Consumer Product Safety Commission, as well as numerous surrounding communities. The City has discretion to amend the Code if it determines that an automatic pool cover, when used properly, provides the same protection as the existing fencing requirements. Staff recommends denial of the proposed amendment to the City Code to allow an exception for swimming pool fence requirements. While some residential properties with an automatic pool cover are secluded and may not need a fence to prevent an unattended child from wandering into the pool area, there are numerous properties where the current fencing regulations are the best way to ensure the appropriate safety barrier requirements exist. While a gate can be left unlocked or fencing not properly maintained, it is Staffs opinion that automatic pool covers do not alone provide adequate safety measures because they can be left open or unattended without any additional safety barriers in place. Staff further recommends the Planning Commission discuss the proposed amendment, as in DRAFT Ordinance 469, and make a recommendation to the City Council. page 168 ACTION REQUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 469, or amendments thereto, based on the attached findings of fact. WIN 2. Recommend denial of DRAFT Ordinance 469 based on the attached findings of fact. '71 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Planning Application, including supporting materials 2. DRAFT Ordinance 469 page 169 FINDINGS OF FACT FOR DENIAL Proposed City Code Amendment Swimming Pool Fence Exception The following Findings of Fact are made in support of denial of the proposed request: The current City Code swimming pool fencing requirements are consistent with safety barrier guidelines from the U.S. Consumer Product Safety Commission and are appropriate for the majority of residential properties in order to provide protection against potential drownings and near -drownings by restricting access. 2. Automatic swimming pool covers do not alone provide adequate safety measures and should only be used to complement the existing regulations. page 170 FINDINGS OF FACT FOR APPROVAL Proposed City Code Amendment Swimming Pool Fence Exception The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed exception for automatic pool safety covers meets industry safety and weight-bearing standards. 2. Automatic pool covers, when closed, cover the entire pool surface and can enhance safety if access is gained to the pool area. 3. The proper use of automatic pool covers can save water by retaining heat and reducing evaporation. 4. Swimming pool fencing can disrupt natural areas and animal movement. page 171 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 469 AN ORDINANCE AMENDING SECTION 9-2-4 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING AN EXCEPTION FOR SWIMMING POOL FENCE REQUIREMENTS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Section 9-2-4(C) is hereby amended to read as follows: 4. hi-ground,private swimming pools may install a pool cover conforming to ASTM F 1346-91, "Standard Performance Specifications For Safety Covers and Labeling Requirements For All Covers For Swimming Pools, Spas, And Hot Tubs" in lieu of the required fencing, subject to the following requirements: a. The property owner shall provide proof of liability insurance coverage. b. The property owner shall provide proof of inspection of the pool cover b,, a�perienced installer to the City on an annual basis. Section 2. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this 99 day of Month, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 172 10 e. 1101 Victoria Curve I Mendota I le V E51 q n 118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Conditional Use Permit at 2544 Visitation Drive BACKGROUND Convent of the Visitation is applying for a conditional use permit for an electronic display sign on their campus. The sign will be a modification of an existing lighted display sign near the main entry to the school, which faces the parking lot and Lake Drive on the north side of the campus. The City recently amended the zoning ordinance to allow electronic display signs by conditional use permit for an institutional use in the R-1 or R -IA districts, provided fifteen conditions for approval are met. The applicant has provided a clear, complete summary of the ordinance standards and the proposed sign is compliant. The applicant received approvals from the City Council earlier this year for a comprehensive signage plan. However, that plan did not include any electronic display signs, therefore the proposed sign, and any additional similar signs, require separate conditional use permit approvals. The Planning Commission conducted a public hearing at the September 23 meeting; there were comments for a surrounding property owner regarding the brightness calculation and potential impacts. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the conditional use permit, with conditions, as described in Planning Case 2014-29. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-62 APPROVING A CONDITIONAL PERMIT AT 2455 VISITATION DRIVE. This matter requires a simple majority vote. page 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-62 RESOLUTION APPROVING A CONDITIONAL PERMIT AT 2455 VISITATION DRIVE WHEREAS, Convent of the Visitation has applied for a conditional use permit for an electronic display sign at 2455 Visitation Drive [Legal descriptions as described in Exhibit A], as proposed in Planning Case 2014-29; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on September 23, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-29 is hereby approved based on the finding that the application meets the City Code requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-29 is hereby approved with the condition that the applicant obtain a sign permit from the City. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk Exhibit A LEGAL DESCRIPTIONS page 174 PID 27-03500-05-010 SECTION 35 TWN 28 RANGE 23 S 3/4 OF S 1/2 OF NE 1/4 LYING W OF JEFFERSON HGWY EX N 600 FT & EX W 200 FT EX PT IN PARCEL 202 OF STH R/W PLAT NO 19-53 Lot and Block 35, 28, 23 PID 27-03500-75-010 SECTION 35 TWN 28 RANGE 23 N 198 FT OF SE 1/4 LYING W OF JEFFERSON HGWY EX W 200 FT & N 6 FT OF S 330 FT OF N 528 FT OF NE 1/4 OF SE 1/4 LYING W OF HGWY Lot and Block 35, 28, 23 PID 27-03500-76-010 SECTION 35 TWN 28 RANGE 23 S 20 R OF N 32 R OF W 1/2 OF SE 1/4 EX W 200 FT Lot and Block 35, 28, 23 PID 27-03500-77-010 SECTION 35 TWN 28 RANGE 23 W OF HGWY OF S 20 R OF N 32 R OF NE 1/4 OF SE 1/4 & EX N 6 FT Lot and Block 35, 28, 23 PID 27-03500-78-010 SECTION 35 TWN 28 RANGE 23 S 48 R OF N 1/2 OF SE 1/4 W OF DODD RD EX COM AT PT IN CEN OF HGWY 1668.4 FT N OF INT WITH S LINE OF SE 1/4 W 725 FT N 174.6 FT E 772.4 FT TO CEN OF HGWY SW 180.9 FT TO BEG EX W 200 FT Lot and Block 35, 28, 23 PID 27-03500-78-020 PT OF SE 1/4 COM INT S LINE & CEN HGWY 988 N ON HGWY 1668.4 FT TO PT OF BEG W 725 FT N 174.6 FT E 772.4 FT TO CEN HGWY SW 180.9 FT TO BEG EX 0.29 ACS CONT IN PARCEL 2C OF STH R/W PLAT NO 19-53 Lot and Block 35, 28, 23 page 175 (3 Stantec I[Wil 0159W411i1122W'%' MEMORANDUM Date: September 23, 2014 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner Subject: Planning Case 2014-29 Conditional Use Permit for electronic display sign Applicant: Visitation School Address: 2455 Visitation Drive Zoning/Guided: R-1/Institutional (Private School) Action Deadline: 11-1-2014 (60 days from 9-2-2014 application date) BACKGROUND Visitation School is applying for a conditional use permit (CUP) for an electronic display sign on their campus. The sign will be a modification of an existing lighted display sign near the main entry to the school, which faces the parking lot and Lake Drive on the north side of the campus. ANALYSIS The City recently amended the zoning code to allow electronic message signs and this application will apply the standards in Section 12-1D-15 H7. Those standards allow an electronic display sign by CUP for an institutional use in the R-1 or R -1A residential districts provided fifteen conditions for approval are met. The applicant has provided a clear, complete summary of the code standards, items "a" through "o" in sub -section H7 noted above. The proposed sign meets all zoning code standards. page 176 STAFF RECOMMENDATION City staff recommends approval of the conditional use permit for the Visitation School electronic sign as described and illustrated on the attached materials. Specifically, the information in the applicant's "Letter of Intent" will be incorporated as the conditions of approval for the permit, together with the illustration from Spectrum signs dated 8-22-14. The applicant will be required to obtain a sign permit prior to construction. ACTION REQUESTED 1. Recommend approval of the conditional use permit for an electronic display sign based on the finding that the application meets the zoning code requirements, with the conditions proposed, or as modified by the Planning Commission; OR 2. Recommend denial with specific findings of fact supporting denial; OR 3. Table the request if additional information is needed or there are other issues associated with the application. MATERIALS INCLUDED FOR REVIEW The following exhibits are attached for your review: 1. Application for Conditional Use Permit 2. Site maps 3. Site photos 4. Campus signage summary (Exhibit B — New Signage) 5. Letter of Intent (summary of code standards) 6. AIM —Visitation School Base 8-22-14 7. Daktronics letter Site Photos — 2455 Visitation Drive Source: Applicant Source: Applicant Source: Applicant page 177 Source: Applicant Source: Applicant Source: Applicant Planning Case 2014-29 Convent of the Visitation Electronic Display Sign CUP Date- 9/16/2014 (b 0 325 SCALE IN FEET BLUEBILL DR i1( T r• 1 �� lk —;-4 14- LAN > �--=- W. Ips— —— "`, *�T.1r avG 7.7 City of Mendota Heights i' -„� �F �`_— ,, I WK ------------------ LDa r� .. ` — --_— ffiNDOTA HEIGHTS RD — :— — — — O * — — �- A } p r — — •— —r '77— lie-------------------------- GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 179 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1650 phone 1 651.452.8940 fax wwwriendo ta-heights.com CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: :2-9 55 '�' so�'ak� �. Dr; sa.., Applicant Name: Gfe.1 Phone: Ccr3 —1-7 0 1 Applicant E -Mail Address: S�!4P_\ V" 001 .- ®r!!t - Applicant Mailing Address: X -i 5s Property Owner Name:%4".� G � = Phone: Og —170 Property Owner Mailing Address: 29s;5 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Type of Request: ❑ Rezoning ❑ Variance ❑ Subdivision Approval ❑ Code Amendment 12 Conditional Use Permit ❑ Conditional Use Permit for PUD ❑ Wetlands Permit ❑ Critical Area Permit ❑ Lot Split ❑ Preliminary/Final Plat Approval ❑ Comprehensive Plan Amendment ❑ Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. C-2 1 L Signa / e pp scant' D e St sFeld�-[ate�1�tise Vr�jauM� Vff/�( G` u� kGlz Signature of Owner IDate Signature of Owner (if more than one) Date Planning Application (modified 1/28/2014) Page 1 of 1 page 180 1101 Victoria Curve. I Mendota Heights, MN 55118 651.4521850 phone 1 651A52.8940 fax wwwanendota-heights: om CITYOF MENDOTA HEIGHTS. CONDITIONAL USE PERMIT REQUEST Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. APPLICATION REQUIREMENTS: ® Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. ® If all original materials are 11 x 17 or smaller — only submit originals. ® If materials are larger than 11 x 17, please provide 24 copies, folded to 8'/2 x 11. ® Any drawing in color — must submit 24 copies. The following -materials must be submitted for the application to be considered complete: Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE. Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. Completed Application Form (only original needs to be submitted). Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request. XLetter of Intent. Site Development Plan, including: Location of all buildings, including existing and proposed. Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. ❑ Floor area ratio. /,L,,,/ �_ ❑ Location and number of existing and proposed parking spaces. tijk ❑ Vehicular circulation. /'l A- ❑ Architectural elevations (type and materials used on all external surfaces). n-1/1- ❑ Sewer and water alignment, existing and proposed. wl d1r- ❑ Location and candle power of all luminaries. �1"¢ ❑ Location of all existing easements. w/,4 - Conditional Use Permit Request (modified 12/6/2013) Page 1 of 2 page 181 Dimension Plan, including: ❑ Lot dimensions and area. /�" X Dimensions of proposed and existing structures. ❑ "Typical" floor plan and "typical" room plan. ,A-1 �- A Setbacks on all structures existing or proposed on property in question. )4 Proposed setbacks. Grading Plan, including: 11-1/k ❑ Existing contour. ❑ Proposed grading elevations. ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. ❑ Proposed road profile. Landscape Plan, including: ❑ Location of all existing trees, type, diameter and which trees will be removed. fvl ❑ Location, type and diameter of all proposed plantings. /'' d,0- ❑ Location and material used of all screening devices. A-1 ,g - NOTES: Conditional Use Permit Request (modified 12/6/2013) Page 2 of 2 page 182 Convent and the Academy of the Visitation Conditional Use Permit Application Electronic Display Sign Convent and the Academy of the Visitation wishes to apply for a Conditional Use Permit to install an electronic display sign on our campus. The electronic display sign will be a revamping of an existing, lighted display sign. The purpose of the sign is to flexibly communicate information on the school's activities and events students, parents and visitors at the most active nexus point of our campus. It is located deeply within the interior of our campus by the main entrance to our academic and fine arts performance facilities. It is adjacent to our main parking lot and drop-off area. The existing street and parking lot lighting will be significantly brighter than the proposed sign at the setback proposed. The desired sign is covered by the requirements of City Code 12-1D-15, Signs. Item H7 of this Section contains the following requirements: 7. By conditional use permit, an institutional use in the R1 or R -1A zoning district which is allowed either as a permitted or conditional use may install one freestanding electronic display sign, provided that each of the following requirements are met: a. The parcel, or campus containing contiguous parcels, on which the sign is proposed must be no less than two acres in size. The Visitation campus is approximately sixty two acres in size. b. The sign shall not exceed 100 square feet in area per surface. The total area of the sign is 98 square feet as described in the attached drawing. c. The sign shall not exceed nine feet in height from the average natural grade at the base of the sign. The height of the sign at its highest point above the average natural grade is 8 feet, 9 inches (please see attached drawing). This will be lower than the existing lighted sign in this location which is 9 feet, 8 inches point above the average natural grade. d. The total area per surface for an electronic display is not to exceed 50 percent of the sign's total area. Only one contiguous electronic display area is allowed per surface. The sign will contain one electronic display area amounting to 33.9 square feet. This is 36 percent of the sign's total surface area of square feet. page 183 e. The sign shall be set back at least ten feet from any external property boundary line and shall not be located closer than 50 feet to any surrounding residential property boundary line, unless a less intrusive sign placement can be accomplished as approved by the city council. The sign will be set back 320 feet from the nearest external property line and 337 feet from the nearest residential property boundary line. Please see attached drawing. f. The electronic display message shall not change more than once every one hour, except for emergency messages. Time, date or temperature is considered one electronic display when displayed alone, however it may be included as a component of any other electronic display but cannot change more than once every three seconds. The electronic display message shall not change more than once every one hour. g. The hours of operation shall be limited to 6:00 AM to 10:00 PM. The sign will be operated between 6:00 AM and 10:00 PM. h. The electronic display message shall be limited to static letters and numbers. No portion of a message shall contain animation, video or audio, scroll, flash, twirl, fade or change color. The electronic display message will contain only static letters and numbers. It will not scroll, flash, twirl, fade or change colors. It will not contain video or audio capabilities. i. The electronic display area shall be a black background and messages shall not contain more than one font color. The electronic display area shall be a black background. Letters and numbers will be of one font color. j. The electronic display message shall be a minimum of four inches in height or larger as necessary to ensure readability. The electronic display is designed to be able to create characters of a minimum five inches and maximum of eight inches in height. k. Messages shall be limited to advertisement of products, events, persons, institutions, activities, businesses, services or subjects which are located on the premises only or which give public service information. page 184 Visitation will be using the electronic display to advertise our events, activities, speakers and services as well public service information to members of our community, Mendota Heights and other visitors to our campus. I. Malfunctioning signs shall be shut off immediately by the owner. Additionally, the sign owner shall immediately stop the display if notified by the city that the sign is non-compliant. Visitation will constantly monitor and maintain the functionality of the sign. In the event of malfunction we will turn it off immediately until the problem can be corrected. Additionally we will comply with any notifications received from the City pertaining to the sign's operation. m. The sign shall be constructed in monument fashion, including a base of natural stone, brick or other masonry material of at least twenty four inches in height from the average natural grade. The sign is constructed in monument fashion of masonry brick that matches the brick used on the exterior of our buildings. The existing lighted sign will be removed and the brick base will be reduced by approximately nine inches. The adjusted base will be approximately 3 feet, 10 inches in height above the natural average grade. n. The sign shall be landscaped with materials subject to a plan as submitted with the application approved by the city council. The electronic display sign will be replacing an existing lighted sign. The current sign is an integral part of our existing structures and is already landscaped. It has hard surfaces on the front and right sides (sidewalks). The area to the right and behind the sign is grass. The landscaped areas on the plaza to the left of the sign contain various shrubbery and perennial flowering plans. The plaza has multiple large pots containing annual grasses and flowers. Additionally the parking lot islands across from the sign contain deciduous trees. Please see the attached pictures. o. The sign shall be equipped with a sensor that detects the ambient light level and adjusts the brightness of the sign accordingly. Brightness shall not exceed 0.3 foot candle above the ambient light as measured by using a brightness meter from a preset distance depending on the signs size. The sign will be equipped with a light sensor that will automatically adjust the brightness of the display according to the changes in the ambient light level. It contains a manual adjustment capability to enabling the school to flexibly set the brightness margin above ambient light. As described in the attached letter from Daktronics, the sign manufacturer, the preset brightness measurement above ambient light will be set for a significantly shorter distance than required by the ordinance. Additionally as indicated in the letter, the existing street and parking lot lighting levels will be significantly brighter than the proposed sign at the setback proposed. £\ 6A \ � � _ 0 ¥ 2 � � | \ < 6 u 6 / v § � � \ & / \ ? u a \ ± - 2 i2/ \ e«J s2 <\: _ ±\ \// \\ g\/ <zy > G3 - � \f\u§\ ' /s< N eTo»f\ g \ y 2 u Ez<d>\ ¥2Ayy7 ¢6Geaz W Oct z cs h W z cc CD z I ca LZ Ali. = z 1 h W uJ } o� uj w _ cc a h CD .y _ GD A� W L a O C.) T 4 kph 0 (CO j o � cm _ c .. U E V) }a `v O > O E G1 O O U O V O -o p O C:G1 U) c: U) � O U fn (3) C: U) O O U (� TU) O U>� USN ��0-M DA, KT ROTI I C 5 November 18, 2013 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Proposed Electronic Message Board for Visitation School To Whom This May Concern: We would like to provide the following comments and explanation regarding the proposed Daktronics Electronic Message Board for Visitation School in Mendota Heights, MN. Daktronics, Inc is the world leader in the design and manufacturing of electronic display systems. We are committed to providing LED displays that adhere to the regulatory environment, working closely with our customers for a responsible approach to the market. Although Section 12 -1D -15.E does not allow animated or flashing signs within R, B-1 or B-2 districts, please consider the following information regarding the proposed electronic message board. Aesthetics of Electronic Message Boards Manual changeable copy signs have the potential for mis-matched letters and bland fonts, unlike electronic signs, which allow for clear, easy to read messages. Electronic message boards improve the aesthetics of a community, when properly regulated. The proposed sign for Visitation School is located within the school's property, several hundred feet from the nearest roadway and thus, far away from any other signage. As a result, with the addition of such sign at Visitation School, the city of Mendota Heights will still maintain its residential character. Safety It is important to note several studies have been performed over the years reviewing whether electronic signs are a hazard to traffic safety. None have shown these signs are a hazard. Methods of operation have already been developed and approved by the Federal Highway Administration as well as the majority of states that appropriately regulate this valuable technology. Also, I have included a link with additional safety studies, http://dakfiles.daktronics.com/. In particular, note the Texas A&M on -premise safety study that was completed. This study also concluded that on - premise signs did not lead to an increase in crashes. To view this study, click on the link, select "Safety Studies" and look for the Texas A&M study. Considering the studies performed evaluated the safety of electronic signs along roadways with much higher speeds than average parking lot speeds, the proposed electronic sign will not create any additional safety hazards. Automatic Dimming Technology DAKTRON I CS DAKTRON I C5 The perceived brightness of an LED sign is dependent on a variety of factors. Ambient light conditions play the largest role in impacting the brightness of the display. An LED sign communicates its messages by emitting light. It therefore must not be too dim, since it cannot be distinguished in sunlight; nor should it be too bright, as the image will be distorted and difficult to read. During the course of the day, the sign will periodically adjust its brightness levels to ensure it is operating appropriately. Automatic dimming technology is an asset as it ensures electronic signs are not overly bright, given the ambient light conditions. This adjustment is possible because of the photocell/light sensor. Daktronics' LED signs come equipped with a light sensor, which detects the ambient light level, and adjusts the sign's brightness accordingly. Brightness The sign comes equipped with the ability to not exceed the Illuminating Engineering Society of North America (IESNA)-based standards of 0.3 foot candles above ambient light as measured using a brightness meter at a preset sign -to -viewer distance; in this case 50 feet (distance calculated using the square root of the area of the sign times 100). The nearest residential areas, across Lake Drive, are located over 300 feet away from the proposed sign. Since the illumination levels will continue to decrease as the distance away from the display increases, the light visible to the residential areas would be minimal and most likely immeasurable. Also, the presence of other ambient light from adjacent roadways, parking lots, streets, the moon, etc. further reduces the measureable light from the proposed digital on -premise sign. For example, the Illuminating Engineering Society of North America standards (as compiled by the International Dark Sky Association) for outdoor illumination dictate that average lighting for local roadways should be 0.4 foot candles. When considering the sign is equipped with the ability to not exceed 0.3 foot candles above ambient light at its highest illumination on the roadway, the light from said display would be absorbed by the light from the school, the parking lot and Lake Drive, located near the proposed sign location. Community Benefit The proposed electronic message board for Visitation School would actually benefit the community as a whole, especially families with students that attend Visitation School. Such sign would allow school administrators to more effectively relay information about school activities and events as a message could be changed with a few clicks of a button. Additionally, the sign would allow administrators to display multiple messages throughout a single day, which is useful when needing to relay several announcements at one time. A manual changeable copy sign severely limits the amount of information that can be relayed and frequently does not allow for several different messages to be relayed at once, without cluttering up the sign. The ability to display different messages will increase the school's communication with its students and families. An increase in communication to students and families served by Visitation School increases the chance of such individuals' involvement with the school and the community as a whole. Please let us know if you have any questions. Best Regards, DAKTRONICS, INC. DAKTRON I CS i.� /: , /. i Angela Bailey State and Local Regulatory Affairs 605-692-0200 Ext. 56808 DA, KT RON I C 5 DAKTRON I CS Affidavit ®f Publication Stale of Minnesota Ss County of Dakota page 191 ANNE THILLEN , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SQJ JTH-VV-ESTREVIE , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printedNOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I successive weeks; it was first published on SUNDAY , the 14TH day of SEPTEMBER , 2014 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on .- this 15TH day of SEPTEMBER, 20 14. Notary Public r BY: 944 TITLE LEGAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. (51'm�l R.HITEHEAD t�uFr� -inrsesota RATE INFORMATION My nmmsSionJan 31, 2015 (1) Lowest classified rate paid by commercial users for comparable space............................................................... $25.00 per col. inch (2) Maximum rate allowed by law for the above matter ............................................. $25.00 per col. inch (3) Rate actually charged for the above matter.......................................................... $ per col. inch 1114 page 192 page 193 Planning Case 2014-29 Public Hearing Notice Mailing List r Ob .�T Kw ;4 R ■ Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 338 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/16/2014 276455000130 276455000180 Q 2350 SWAN DR m 2351 SWAN DR ALF D & JOAN C WIIK DOUGLAS E & KAREN E HENNES 276455000060 276455000140 © 2371 ROGERS AVE (9 2356 SWAN DR BERNARD ❑ MILLER EDWARD M * KRISTIN M DRIEMAN 276450000040 276450000050 © 2361 DODD RD ® 2371 DODD R❑ CELESTE CLAUDE ESSER ELLAN WELNIAK 276450000030 276450000170 v 2349 DODD RD 2371 KRESSIN AVE DALE JOHNSON ERIC PALMER 276830001050 271515101020 © 809 HAZEL CI ® 816 WESTVIEW CIR DANIEL COLTEN & KARE BOGG GARRY M & BARBARA RUHLMANN 273190000020 0 276450000183 2351 PAGEL R❑ DANIEL J & ANGELA M BROOS H TO H PROPERTIES LLC 276455000040 271515101060 a 2360 ROGERS AVE 2475 WESTVIEW TER DANIEL J & ANGELA M BROOS JAY P & REBECCA A MILLER 270350080010 271515101030 2511 CONDON CT 819 WESTVIEW CIR DICK BJORKLUND PROPERTIES LLC JEANIE ROEDER KETT 270350080022 276450000140 2525 CONDON CT M 2341 KRESSIN AVE DICK IR & JOAN E BJORKLUND JEFFREY D & LYNN KUBAT 276450000160 276455000150 2361 KRESSIN AVE M+ 2370 SWAN DR DONALD G & MARJORIE CAMITSCH JENNIFER L NAAS Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 338 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/16/2014 Page 2 page 194 # — -- `e SW It7 ' f ■ 273190000130 Page 2 page 194 # — -- `e SW It7 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 338 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/16/2014 ' f 273190000130 276455000030 807 HAZEL CT 2350 ROGERS AVE JOHN F & SANDRA A OBRIEN PAUL WESLEY & DENISE STENSGARD 273190000050 273190004012 2391 PAGEL RD 2347 PAGEL RD JOHN M & JANE H ROBBINS PETER M KOELSCH 276455000080 276450000150 M 2351 ROGERS AVE ® 2351 KRESSIN AVE KRISTEN E LANCASTER R MICHAEL & LINDA J LACY 276450000070 273190000030 in 2360 KRESSIN AVE IM 2357 PAGEL RD MARY J WINIECKI RAYMOND E JR HASELBERGER 276450000090 10 2344 KRESSIN AVE ® 273190000160 RAYMOND E JR HASELBERGER NATHANJHERSHBACH 273190000040 2381 PAGEL RD 27319000Q170 RAYMOND E JR HASELBERGER NEIL N & SUSAN L MACRORIE 276455000070 273190000150 2357 ROGERS AVE 2400 DODD RD PATRICK C & PATRICIA MATHEWS RICHARD L & DAWN VOLKERT 271515101040 = 815 WESTVIEW CIR 276450000180 ROBERT TSTE LOCKARD PAUL R & KELLY BREDEMUS 276830001040 276455000050 ' 813 HAZEL CT M 2370 ROGERS AVE PAUL W & ELIZABETH WILD ROBERT TSTE LOCKARD 276455000170 276450000182 0 2357 SWAN DR PAUL WESLEY & DENISE STENSGARD RONALD & MARY K SMITH Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 338 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/16/2014 page 195 Page 3 270350028010 949 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 270350050010 ST THOMAS ACADEMY 270350051010 949 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 270350076020 ST THOMAS ACADEMY 276610001020 950 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 271515101070 2469 W ESTVIEW TER STEVEN R OLSEN 270350076010 VISITATION MONASTERY 270350081010 VISITATION MONASTERY 270350077010 ® 2425 DODD RD VISITATION MONASTERY 270350078010 VISITATION MONASTERY 270350078020 2487 DODD RD VISITATION MONASTERY 270350075010 VISITATION MONASTERY Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 338 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/16/2014 r :-. w—" --0-71 VM ' �r r .� e► x r t • z / O 276450000060 276450000080 0 2370 KRESSIN AVE M 2350 KRESSIN AVE SOUTH METRO HUMAN SERVICES THOMAS JOHN RAYMOND 270350075020 276455000160 0 2371 SWAN DR ST THOMAS ACADEMY THOMAS M & SALLY MCNAMARA 270350005020 270350005010 m 949 MENDOTA HEIGHTS RD 2455 VISITATION DR ST THOMAS ACADEMY VISITATION MONASTERY 270350028010 949 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 270350050010 ST THOMAS ACADEMY 270350051010 949 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 270350076020 ST THOMAS ACADEMY 276610001020 950 MENDOTA HEIGHTS RD ST THOMAS ACADEMY 271515101070 2469 W ESTVIEW TER STEVEN R OLSEN 270350076010 VISITATION MONASTERY 270350081010 VISITATION MONASTERY 270350077010 ® 2425 DODD RD VISITATION MONASTERY 270350078010 VISITATION MONASTERY 270350078020 2487 DODD RD VISITATION MONASTERY 270350075010 VISITATION MONASTERY Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 338 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/16/2014 page 196 7-T - 1101 Victoria Curve I Mendota, :, 15 651.452.1850 phone 1 651.452.8440 fax www.rrendota-heights.com m{ CITY OF MENDDTA HEIGHTS DATE: October 7, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Almin Ramic, PE, Project Engineer SUBJECT: Accepting of Feasibility Report for Kensington Neighborhood Improvements BACKGROUND The purpose of this memo is to request that the Council approve the feasibility report and, if desired, call for a public hearing for the Kensington Neighborhood Improvements. Staff prepared this report at the request of the neighborhood association; and staff agrees that the public streets in the Kensington neighborhood are in need of rehabilitation sometime in the near future. The preparation of a feasibility report for the Kensington Neighborhood Improvements was authorized by the Mendota Heights City Council by adopting Resolution 2014-41 at the City Council meeting held on July 1, 2014. The proposed streets to be rehabilitated are Bedford Court, Claremont Drive, Concord Way, Lockwood Drive and Stockbridge Road (from Concord Way to the point of intersection with the pedestrian trail). Based on our observations, as well as our pavement management system, these streets have deteriorated to the point where it is no longer cost effective to patch the street and rehabilitation is necessary. Staff has received several telephone inquiries as to when resurfacing will take place and a letter of request from the Kensington Association management. The Feasibility Report also includes the sealcoating (chip seal) of the Bunker Hills neighborhood and Town Center. This project is not currently in the city's Capital Improvement Plan (CIP) for street projects. As with other resident requested street improvement projects, staff looked at the current CIP (2014- 2018) and looked for an appropriate place to insert the project. Based on potential City obligated bond debt per year, the year that had the lowest anticipated bond debt happened to be 2015. Staff will be presenting to the city council at an upcoming meeting a revised CIP, including a revised street improvement plan with this project included. However, based strictly on pavement needs and traffic utilization, the streets in this neighborhood are not in as poor of condition as others that are currently slated for repair. The revised CIP has this project scheduled in 2019. BUDGET IMPACT The feasibility report indicates the estimated costs for the project, along with preliminary assessment estimates. At the end of the feasibility report, a project financing summary is page 197 included to show project cost splits and funding sources. The total estimated 2015 cost of the project is $740,320. Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City's Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the street reconstruction and rehabilitation costs. The following tables show the estimated unit assessments based on the City policy. ASSESSMENT CALCULATIONS - STREET REHABILITATION Assessable Costs $674,785 Assessment $337,393 50% Assessable Units/Lots 289 Estimated Unit/Lot Assessment per City Policy $1,167.45 Proposed Unit/Lot Assessment $1,167.45 Project Financing The Kensington Neighborhood Improvements are proposed to be financed by special assessments and municipal bond sales. Funding sources and amounts are shown below: FUNDING SOURCES ITEM COST ESTIMATE I ASSESSMENT I MUNICIPAL BONDS Street Rehabilitation — Kensington $740,320 $337,393 f $402,927 Totals $740,320 1 $337,393 1 $402,927 RECOMMENDATION Staff recommends that council accept the attached feasibility report by adopting the attached resolution. If the council would like to construct this project in 2015, then a motion to adopt the second attached resolution scheduling a public hearing for November 18, 2014 would be in order. A neighborhood informational meeting would be scheduled to be held on November 5, 2014. Otherwise, if accepted and no public meeting scheduled, this feasibility report will be kept on file and updated when the project is scheduled for completion. If city council wishes to implement the staff recommendation to accept the feasibility report, pass a motion adopting RESOLUTION 2014-50, A RESOLUTION ACCEPTING FEASIBILITY REPORT ON THE KENSINGTON NEIGHBORHOOD IMPROVEMENTS PROJECT #201409. This action requires a simple majority vote. If city council wished to call for a public hearing on November 18, 2014, or other future date of the council's choosing, pass a motion adopting RESOLUTION 2014-64, A RESOLUTION CALLING FOR A PUBLIC HEARING FOR THE KENSINGTON NEIGHBORHOOD IMPROVEMENT PROJECT # 201409. page 198 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-50 A RESOLUTION ACCEPTING FEASIBILITY REPORT ON THE KENSINGTON NEIGHBORHOOD IMPROVEMENTS (PROJECT 9201409) WHEREAS, pursuant to Resolution 2014-41, the City Council, on July 1, 2014, ordered a feasibility report to be prepared by the City Engineer with reference to the improvement in Kensington Neighborhood Streets (Bedford Court, Claremont Drive, Concord Way, Lockwood Drive and Stockbridge Road from Concord Way to the point of intersection with the pedestrian trail) in Mendota Heights; and WHEREAS, the City Engineer has submitted a report to the City Council with respect to the Bedford Court, Claremont Drive, Concord Way, Lockwood Drive and part of Stockbridge Road improvements which will include the reclamation of the existing bituminous roadway, replacement of concrete curb and gutter, bituminous surfacing and appurtenant work; and WHEREAS, in said report the City Engineer reported that the proposed improvements and construction thereof are desirable and necessary, technically and economically feasible, cost effective, and further reported on the estimated cost of the proposed improvements; and NOW THEREFORE IT IS HEREBY RESOLVED, by the Mendota Heights City Council as follows: 1. The City Council hereby accepts the Feasibility Report as submitted. 2. The Council will consider the improvement of such streets and areas in accordance with the report and the assessment of property as described in the report for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated 2015 total cost of the improvements of $740,320. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 199 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-64 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE KENSINGTON NEIGHBORHOOD IMPROVEMENTS (PROJECT 9201409) WHEREAS, pursuant to Resolution 2014-41, the City Council, on July 1, 2014, ordered a feasibility report to be prepared by the City Engineer with reference to the improvement in Kensington Neighborhood Streets (Bedford Court, Claremont Drive, Concord Way, Lockwood Drive and Stockbridge Road from Concord Way to the point of intersection with the pedestrian trail) in Mendota Heights; and WHEREAS, the City Engineer has submitted a report to the City Council with respect to the Bedford Court, Claremont Drive, Concord Way, Lockwood Drive and part of Stockbridge Road improvements which will include the reclamation of the existing bituminous roadway, replacement of concrete curb and gutter, bituminous surfacing and appurtenant work; and WHEREAS, in said report the City Engineer reported that the proposed improvements and construction thereof are desirable and necessary, technically and economically feasible, cost effective, and further reported on the estimated cost of the proposed improvements; and WHEREAS, pursuant to Resolution 2014-50, the City Council has accepted the Feasibility Report and now desired to call for the public hearing on the project. NOW THEREFORE IT IS HEREBY RESOLVED, by the Mendota Heights City Council as follows: A Public Hearing shall be held on such proposed improvements on the 18th day of November, 2014 at City Hall, 1101 Victoria Curve, City of Mendota Heights, Minnesota at 7:00 p.m. Statutory notice and publication requirements shall be followed. Adopted by the City Council of the City of Mendota Heights this seventh day of October, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk