Loading...
2015-11-03 Council Packet1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 3, 2015 — 8:00 pm Mendota Heights City Hall 5. Consent Agenda a. Approval of October 20, 2015 City Council Minutes b. Approval of October 20, 2015 Council Closed Session Minutes c. Acknowledgement of October 14, 2015 Airport Relations Commission Minutes d. Approval of October 27, 2015 Planning Commission Minutes e. Approval of Ordinance 489, Amend City Code Section 5-3-2 Dog Licensing Provisions f. Approval of Resolution 2015-82 Accept Gift for Patrick Memorial g. Authorize 2015 Auditing Services with KDV h. Approval of 2016-17 Teamsters Union Contract i. Personnel Action Item j. Approval of September 2015 Treasurer's Report k. Receipt of September 2015 Fire Synopsis I. Approval of Claims List m. Approval of Contractor List 6. Public Comments 7. Presentation — None 8. Public Hearing a. Resolution 2015-83 Vacation of a Portion of Perron Road Right -of -Way 9. New and Unfinished Business a. 2015 Bond Sale, Resolutions 2015-85, 2015-86 and 2015-87 b. Resolution 2015-84, Variance at 1440 Northland Drive, Planning Case 2015-38 c. Update on Metropolitan Council 2015 System Statement d. Resolution 2015-79 Declaring the City of Mendota Heights a Pollinator -Friendly Community 10. Community Announcements 11. Council Comments 12. Adjourn page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 20, 2015 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 and noted that Chief of Police Michael Aschenbrener had requested an item be added. Councilmember Petschel moved to add this item under New and Unfinished Business as 9c. Out of State Training Request for MAAG Training. 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. a. Approval of September 15, 2015 City Council Minutes as amended b. Approval of October 6, 2015 City Council Closed Session Minutes c. Approval of October 6, 2015 City Council Minutes d. Adoption of Resolution 2015-80 Support of Dakota County Draft 2016-2020 Capital Improvement Plan (CIP) e. Authorization to Seek Professional Services for the Revision of the City's Local Surface Water Management Plan (LSWMP) f. Approval of 2016 Insurance Renewal and Election to Not Waive Statutory Tort Limits g. Approval of September Building Activity Report h. Approval of Claims List i. Approval of Contractor List page 4 Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) AIRPORT RELATIONS COMMISSION WORK PLAN UPDATE Airport Relations Commission Chair David Sloan introduced the members of the Airport Relations Commission: Bill Dunn and Arvid Sharma. The Commission presented their 2015 accomplishments and also the members assignments. Councilmembers had questions regarding the statistical methods and how the data is used, additional speakers or tours that took place, and if the Commission meetings are open to the public. Councilmember Petschel noted that she believes one of the things the City really needs to do next year, sometime after January 1, is to have Elaine Buckner, Federal Aviation Administration (FAA) Air Traffic Control (ATC) Manager and Dana Nelson, Manager - Noise, Environment & Planning come to the City and participate in a well publicized open -house to answer questions and address concerns from the residents. Councilmember Duggan moved to commend the Airport Relations Commission for their diligence, for the `behind the scenes' work that they do, and their advocacy on behalf of the residents of City of Mendota Heights. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 The Airport Relations Commission meets on the second Wednesday of each month at 7:00 p.m. in the small conference room. However, the meeting in November will be rescheduled due to the Veterans Day holiday. Typically, the Commission does not meet in December. PUBLIC HEARING A) RESOLUTION 2015-81 ADOPTING ASSESSMENTS FOR VICTORIA ROAD SOUTH RECONSTRUCTION Assistant City Engineer Ryan Ruzek explained that City Council approved the reconstruction of Victoria Road as a 2015 project. The project had been behind schedule, is currently in catch-up mode, and it is anticipated to be completed yet this fall. The area of Victoria Road that was reconstructed this year was from Marie Avenue to Lexington Avenue. The area consists of single-family and multi -family units. It was noted that the project is on page 5 budget. The total construction costs for the Victoria Road South Reconstruction project, including indirect costs, is approximately $1,900,000. This includes 25% for legal, engineering, administration, and finance. Funding sources for the project are proposed as follows: $335,850 through special assessments $751,000 from City bonding $500,000 from Municipal State Aid account $333,997 from Stormwater Utility fund The City's assessment policy is to assess 50% of the assessable cost to the benefitting property owners. The City will be funding the storm sewer, trail, and other appurtenant work improvements at 100%. According to the City's assessment policy, the assessment for this project would have equaled $16,706. However, staff is proposing to cap the assessments for single-family homes at $8,950 and multi -unit homes at $6,500. An appraisal was completed that conferred with the proposed assessments on this project. Councilmember Duggan moved to open the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 There are a number of properties that are contesting the assessments as proposed. Written objections to the proposed assessments have been received from: Mr. Bruce Russell, 1823 Victoria Road South; Allan Isaacs, 1831 Victoria Road South; Dennis Stern, 1837 Victoria Road South; Gunnar Larson, 1817 Victoria Road South. Also, a letter contesting the proposed assessments has been received from Larkin Hoffman Attorneys, representing the following 20 property owners: Russell LaPlante, 1810 Victoria Road South; Jodell T. Vidas, 1812 Victoria Road South; Mary Weinberger, 1814 Victoria Road South; Miles H and Alleen A. Snyder, 1900 Victoria Road South, Unit A; Barbara A. Coughlan, 1900 Victoria Road South, Unit B; Sheila M. Fitzgerald, 1900 Victoria Road South, Unit C; Fredrick R. Wysoki and Kathleen A. Whaley, 1900 Victoria Road South, Unit D; Karen E. Moss, 1900 Victoria Road South, Unit E; Ronald J. Larson, 1900 Victoria Road South, Unit F; Darrel and Mary Raines, 1900 Victoria Road South, Unit G; Norine O'Brien, 1900 Victoria Road South, Unit I; Mary K. Orme, 1900 Victoria Road South, Unit J; Louise A. Rev Tst Eggleton 1900 Victoria Road South, Unit L; Sheila A. Culligan, 1900 Victoria Road South, Unit M; Patrice C. Walsh, 1900 Victoria Road South, Unit N; Charlotte D. Damian, 1900 Victoria Road South, Unit 0; Robert C. and Yvonne M. Momsen, 1900 Victoria Road South, Unit P; Bradley L. Beatty, 1900 Victoria Road South, Unit Q; Thomas John Trust AG Virnig (Thomas Virnig) Carole Le Trust Agre Virnig (Carole Virnig) 1900 Victoria Road South, Unit R; Karen E. Jacobson, 1900 Victoria Road South, Unit K. These two letters will become part of this public record. page 6 Comments from the audience included: Mr. Bruce Russell, 1823 Victoria Road South, noted that he was speaking for himself and other property owners including Allan Isaacs (1831 Victoria Road South), Dennis Stern (1837 Victoria Road South), and Gunnar Larson (1817 Victoria Road South). He referred to the assessment roll for the Victoria Road South reconstruction project. He spoke about prior assessments paid by these four properties for the Rolling Green Addition which was $10,803 per parcel. He stated that only these four properties are being asked to pay for major rebuilds to city roads twice. They were assessed a total of $10,803 with the Rolling Green Addition and now it is proposed that they be assessed an additional $8,950 for the Victoria Road South project. He asked for a reduction in the assessments for these four properties to the rehabilitation rates of $3,850 to bring their total assessments in line with the other properties in the Victoria Road South project. Assistant Engineer Ruzek located the four properties on the map and explained that they were platted with the Rolling Green Addition. The developer at that time laid out the lots and assessed everyone in the Rolling Green plat an equal amount — approximately $10,000. In 2014, the City rehabilitated Rolling Green Curve and the assessment for this project was $3,850. The four properties in the Rolling Green plat who have access onto Victoria Road are proposed to be assessed the full amount for the Victoria Road South project. To clarify, Mayor Krebsbach noted that the previous assessment being referred to was when the neighborhood was being built — in the 1980's. There have been no other assessments until the one under consideration this evening. Additional lengthy discussions took place regarding what is and what is not assessed during a street reconstruction and the materials used for sewer and gutter, sanitary sewer, and water mains. Mr. Rob Stefonowicz, an attorney with Larkin Hoffman Attorneys, representing 20 property owners highlighted a few points on their objections: • His clients would not garner an immediate benefit to their property of increasing value by $6,500 • The appraisal report the City is relying on is severely flawed • Assessments applied to neighboring properties are more in line with what his clients feel is fair and equitable In response to Mayor Krebsbach request, Attorney Lehmann explained what a `special assessment' is. Ms. Mary Stern, 1837 Victoria South, asked why they had to have their curb and gutter torn out and replaced. Assistant Engineer Ruzek replied that not the entire horseshow had curb and gutter. The best solution was to remove what was there, replace it all to be consistent in grading and drainage. Councilmember Norton moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 City Attorney Lehmann added that the Council now has the flexibility to adopt the assessment or change/amend the assessment amounts with regards to the issues presented. Public Works Director/City page 7 Engineer Mazzitello, in response to a question raised by Councilmember Petschel, noted that the amount owed to the contractor for the project is fixed by the contract. If any of the proposed assessments were reduced, that portion of the project costs would be covered by the City's share of municipal bonds. Mayor Krebsbach, in response to the three issues raised commented: 1. The homes assessed in the 1980's — there is always an assessment sitting out there when a lot is purchased. This particular developer put the assessment into the purchase package. 2. The neighborhood that was referred to by Attorney Stefonowicz was a rehabilitation project — not a reconstruction project. Also, Victoria Road South was an open ditch road and there is a definite difference in value and aesthetics between a paved road without curb and gutter and a paved road that includes curb and gutter. 3. She would be more inclined to consider a reduction in assessment for the homes that had curb and gutter replaced due to consistency with the new rather than a replacement of damaged curb and gutter. Councilmember Norton moved to adopt RESOLUTION 2015-81 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE VICTORIA ROAD SOUTH NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308a). Councilmember Petschel seconded the motion. Councilmember Duggan pointed out: 1. That staff has not given any indication how affective the curb and gutter was before the replacement versus the requirement for a new one 2. He would be uncomfortable giving full consideration to the prior assessment imposed in the 1980's as roads deteriorate over time and it's been over 30 years 3. In regards to the special assessment not being of benefit to the properties, they have a point as they only have one entrance. However, they still have to use the main roads to get to that entrance. Councilmember Norton called the question, which therefore required the vote. Ayes: 5 Nays: 0 Mayor Krebsbach commented that the difference between the assessed amount and what was intended as an offer by the property owners is too wide of a discrepancy for her to support. NEW AND UNFINISHED BUSINESS A) AUTHORIZE PREPARATION OF A FINANCIAL MANAGEMENT PLAN City Administrator Mark McNeill explained that one of the items discussed in preparation of the 2016 budget was to complete a study of the City's long term finances, both strategically and comprehensively. Mendota Heights is justifiably proud of its AAA bond rating that is due in part to some conservative spending patterns that has been a tradition and also the fact that there is a strong General Fund reserve. However, it should be made certain that it is sustainable in the long term. page 8 Finance Director Kristen Schabacker and City Administrator McNeill spoke with Ehlers and Company, the City's financial advisor, about completing a financial management plan for the City. To complete this plan, they would look at a number of items, including existing debt, anticipated capital expenditures, future debt, tax base growth, and anticipated future operating expenses. In the end, the City would have a 10 -year budget and capital improvement plan with a funding strategy. This is also something that bond -rating agencies would view favorably. The proposed cost from Ehlers to complete this financial management plan is $10,000. City Administrator McNeill spoke with Finance Director Schabacker about her ability to do some of this work, and she would certainly be involved very heavily with this. They both feel that this would be very advantageous to have an outside agency look at this to ensure that the things the City has been doing over the years are correct and, if not, they would come in with other recommendations. Councilmember Petschel voiced her 100% support of this action. Before making his motion, Councilmember Duggan explained that this proposal costs a lot less money than hiring a Community and Economic Development staff and director. Councilmember Duggan moved to authorize Ehlers and Company to prepare a Financial Management Plan for the City of Mendota Heights, at a cost not to exceed $10,000. Councilmember Norton seconded the motion. Mayor Krebsbach commented that it's time for the City to take a comprehensive look at the different revenue opportunities. Councilmember Norton made note of the aging infrastructure of the City, the Police Station, the Fire Hall, and a number of projects where parts are aging that the City needs to take a look at how they would fund those things going forward. Ayes: 5 Nays: 0 B) MOTION TO RESCIND OCTOBER 6, 2015 DECISION ON WATER SERVICE AGREEMENT — REQUESTED BY COUNCILMEMBER ULTAN DUGGAN City Attorney Tom Lehmann explained that a motion to rescind is a recognized motion used to take a second look at an item that was previously voted on. It requires a majority vote to rescind the previous motion. If it passes, then it is like the deliberations are starting over with regards to the item being decided. In this case, a motion was made and seconded with regards to the St. Paul Water Contract. A councilmember has now asked to have it rescinded. Councilmember Duggan moved to rescind the October 6, 2015 decision on the water service agreement, which was to not approve the transferring of the City of Mendota Height's water service infrastructure to St. Paul Regional Water Service. page 9 Councilmember Petschel seconded the motion. Ayes: 3 (Duggan, Norton, Petschel) Nays: 2 (Povolny, Krebsbach) Councilmember Duggan commented that the reason he moved to rescind is that, at the last voting, Councilmember Norton had mentioned that he could have gone either way in the discussion and he believes others could feel that way as well. He stated that, per his calculations, the City would save approximately $1.6M that would go a long way towards some of the improvements that have been put off. He noted other financial considerations and items in the proposed contract that would be very beneficial and advantageous for the City. Mayor Krebsbach noted the strength of the buy-back clause as it is currently stated in the proposed contract and how that was not discussed in any of the workshops that took place. She also asked for confirmation that the City would have first opportunity to buy-back should the SPRWS be sold or dissolved. Lengthy discussions continued on the perceived benefits and perceived harms of agreeing to the proposed contract, both for the City of Mendota Heights and for St. Paul Regional Water System — short term and long term. In response to a comment made that St. Paul Regional Water System wants the City of Mendota Heights infrastructure and it is believed that they would be willing to reopen discussions in 6 months to a year from now should the City change its mind, Engineer Mazzitello stated that SPRWS has indicated to him that this is the Council's last chance for an acquisition agreement. If the City comes back in a year and decides to have SPRWS purchase the infrastructure, it is off of the table. If no action is taken tonight on the acquisition agreement, the retail agreement that is currently in place will get a short extension and SPRWS would begin negotiating with the City on a new retail agreement. Councilmember Duggan moved to approve the OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL. Councilmember Petschel seconded the motion. Ayes: 4 (Duggan, Norton, Petschel, Krebsbach) Nays: I (Povolny) C) APPROVE OUT OF STATE TRAVEL REQUEST FOR POLICE DEPARTMENT Chief of Police Michael Aschenbrener requested approval for travel expenses for two police officers to assist the Mutual Aid Assistance Group (MAAG) training at Fort McCoy in Sparta, WI. The MAAG training itself is included in the membership dues, lodging and meals are also included. The only expense to the City would be mileage and fuel, estimated to be $103.77. Councilmember Duggan moved to authorize staff to attend the training as representatives of the City of Mendota Heights Police Department. page 10 Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Open House scheduled for October 21 at Henry Sibley High School from 5-7:00 pm regarding discussion on the Mendota -Lebanon Hills Greenway Highway 110 Crossing Project. • On October 24 the Mendota Heights Police Officers will be participating in a Special Olympics event from 11 - 3:00 pm and 4— 8:00 pm as wait staff at Red Robin in Apple Valley. All tips will be donated to Special Olympics. • The Halloween Bonfire is scheduled for October 31 at Mendota Plaza from 7-9:00 pm. Residents can drop off brush from October 24 through October 29. • The firefighters are out selling dance tickets. The dance will take place on November 13 at the Mall of America Hilton from 8:00 pm to 12:00 am. • Fresh `n Natural food store has opened at Mendota Plaza. COUNCIL COMMENTS Councilmember Duggan expressed his thanks to the Council for going along with him in rescinding the decision made at the last Council meeting. There was good discussion, everyone was able to express his or her feelings, and gain a better understanding of the issue. Councilmember Norton, on behalf of the City, expressed sympathy for the loss of Aitken County Deputy Steven Sandberg, who was shot on October 19, 2015. Councilmember Petschel shared something she saw at a four-way stop. It was a sign posted under the regular stop sign that said "Drive as if your children live here". She asked if this could be something that the City could do on some of the more risky intersections — like Decorah. City Engineer Mazzitello replied that he would look into this. Mayor Krebsbach acknowledged the passing of three Mendota Heights residents; John and Carolyn Cochran, and State Senator Stanton. She also noted that there is a forum for school board candidates on Thursday, October 22, at City Hall beginning at 7:00 pm. Mayor Krebsbach encouraged residents to bring their children to the Halloween Bonfire. Councilmember Duggan asked for an update on the off -leash dog area. He asked if it being used by the residents and their dogs? City Administrator McNeill reported the area has been open for two weeks and there have been few comments. It was noted that the next meeting for the Airport Relations Commission will be held on November 10, due to the Veteran's Day holiday. It was also noted that the next City Council meeting on November 3ra will start at 8:00 p.m. due to the school board election. �6"I Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:40 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 11 page 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Closed Session Held Tuesday, October 20, 2015 Pursuant to due call and notice thereof, a closed session of the City Council, City of Mendota Heights, Minnesota was held at 6:30 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 6:30 p.m. Also present were Councilmembers Duggan, Norton, Petschel, and Povolny. City staff in attendance included City Administrator Mark McNeill, City Attorney Tom Lehmann, Planner Nolan Wall, and Public Works Director John Mazzitello. CLOSED SESSION TO DISCUSS A POTENTIAL REAL ESTATE SALE OF PROPERTY Mayor Krebsbach stated that, pursuant to Minnesota Statute 13D.05, the City Council would be going into a closed session to consider and discuss the potential sale of city property. Councilmember Duggan moved to adjourn to a closed session at 6:30 p.m. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 RETURN TO OPEN SESSION The Council returned to open session at 6:45 p.m. Mayor Krebsbach stated that the Council had discussed the potential sale of city property and that no action was taken by the Council in closed session. ADJOURN Councilmember Duggan moved to adjourn the meeting at 6:45 p.m. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 13 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES October 14, 2015 The regular meeting of the Mendota Heights Airport Relations Commission (ARC) was held on Wednesday, October 14, 2015 at 7:00 p.m. at Mendota Heights City Hall. Chair Sloan called the meeting to order at 6:56 pm. The following commissioners were present: David Sloan, Sally Lorberbaum, William Dunn, Gina Norling, and Jim Neuharth. Absent: Kevin Byrnes and Arvind Sharma (both excused) Also present: Public Works Director/City Engineer John R. Mazzitello Approval of Minutes Neuharth moved, and Dunn seconded that the minutes of the September 9, 2015 Airport Relations Commission meeting, which consisted of a tour of MSP, be approved. Lorberbaum noted that Norling could not have moved Approval of minutes at the September 9, 2015 meeting as she was absent and excused. Lorberbaum also noted that Sharma stated that he viewed the August 17, 2015 Metropolitan Airports Commission (MAC) Board Meeting rather than attended. All voted in favor as amended. Unfinished and New Business 4.a Presentation of Annual Work Plan to City Council. Sloan provided a draft presentation for ARC review prior to the update being given at the October 20th City Council meeting. Lorberbaum, Neuharth, and Norling offered specific revisions that were discussed by the Commission. Revisions agreed to by the ARC would be sent to City staff for inclusion in the City Council agenda packets. Mazzitello agreed to include a copy of the actual work plan in the agenda packets, along with the presentation. 4.b Reschedule November ARC Meeting. The second Wednesday in November happens to fall on Veterans' Day, which is a Federal holiday. The Commission agreed to move the November ARC meeting to Tuesday, November 10th provided it worked with the Commissioners' schedules. Mazzitello noted the Parks & Recreation Commission also meets that night, but that the conference room would be available for the ARC. 4.c Scheduling Public Open House for Earl. Mazzitello noted to the Commission that there had been interest expressed form Council that the ARC advertise for and hold a Public Open House sometime in early 2016 to showcase the ARC and their mission. Commission agreed to the idea and stated that February through April timeframe may work well for scheduling the Open House. Commission also agreed that there should be a guest speaker at the meeting that could help answer some of the frequently asked questions regarding airport relations (noise, schedules, etc.). It was further agreed to that the meeting should be advertised in the preceding issue of the Heights Highlights. It was noted by the commission that they are page 14 not required to hold one meeting per year as televised, but that it has been the tradition to hold one televised meeting per year. 4.d MAC MSP 2035 Long Term Comprehensive Plan Update. Mazzitello noted the MAC Board decision to defer publication of the plan. Plan is likely to be heard again at the January 2016 Noise Oversight Committee (NOC) meeting and the February MAC meeting. Commission noted the postponement. 4.e Future ARC Meeting Speakers. Commission discussed potential future speakers at upcoming ARC meetings. Speakers discussed included Mendota Heights' MAC Representative, Representatives Rick Hansen and/or Joe Atkins, Federal Representatives (Senators Klobuchar & Franken, and Representative Kline), and Elaine Buckner, Chief of Air Traffic Control at MSP. 4.f Airport Overlay Zoning District. Mazzitello introduced 4.g Review of Airport Operational Statistics — Neuharth noted that the number of flights north of the corridor were low and have been decreasing for the past several months. He also noted that departures of runway 12L were up, but remained consistent with previous years. Lorberbaum's complainant tracking charts were included in the packet but not discussed as it was an off month for those statistics. Norling noted that four excessive noise event indicators were trending up, but these trends could be seasonally driven. Dunn noted that there were 38 excessive noise incidents in Mendota Heights compared to 5044 in Minneapolis. Norling reviewed a comparison between 2012-2014 excessive noise statistics as compared to 2005 data; noted a significant difference in early year data, but that later months were more similar. She will continue to compare the data sets and present charts to the ARC at a later date. Neuharth suggested correlating the excessive noise event data with total operations from the same years. 5.a September 16, 2015 NOC Meeting Review — Meeting was attended by City Administrator McNeill. Commissioners requested newly acquired Sunfish Lake noise data if it was available. Meeting notes provided by Sharma were distributed and discussed. Public Comments There were no comments from the public. Commissioner Comments Norling asked if the entire ARC should be in attendance at the City Council meeting on October 20t'. Sloan said it would be nice if Commissioners could attend, but it was not required. Adjourn Neuharth made a motion to adjourn, seconded by Norling at 8:02 PM. All voted in favor. Minutes Taken By: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer 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 page 15 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES October 27, 2015 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 27, 2015 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 Howard Roston, Michael Noonan, Doug Hennes, Mary Magnuson, Christine Costello and Ansis Viksnins. Those absent: None. Others present were City Planner Nolan Wall and Public Works Director/City Engineer John Mazzitello. Approval ofA,-enda The agenda was approved as submitted. Approval of September 22, 2015 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO TO APPROVE THE MINUTES OF SEPTEMBER 22, 2015, WITH THE CORRECTION OF THE MEETING START TIME. AYES: 7 NAYS: 0 Hearing -s Chair Field noted that Planning Case #2015-37 involving the Dodge Nature Center had been submitted, noticed, and now the application has been withdrawn. PLANNING CASE #2015-38 Spectrum Sign Systems, on behalf of Robert Lindahl/Crosswind, LLC and Prime Therapeutics, LLC, 1440 Northland Drive Variance Request City Planner Nolan Wall explained that applicant was requesting a variance to erect a freestanding monument sign within the required property boundary line setback at 1440 Northland Drive. The subject parcel contains three office buildings connected by skyways on three separate parcels, totaling approximately 16 acres, and includes addresses 1440 and 1444 Northland Drive. Historically, the property was developed for one user but is now occupied by multiple users. Prime Therapeutics is the newest tenant leasing approximately 78,000 square feet of previously -vacant office space and they are requesting the proposed monument sign. 47 48 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 page 16 In 1979, a ten -foot setback variance was granted for a pylon sign in approximately the same location with various sign permits approved following that to reface that sign. That sign has since been removed and this application has been reviewed as a new request based on the existing code provisions. In 2013, a 20 -foot setback was granted for a freestanding identification sign for tenants at the 1444 Northland Drive building. In both cases the applicable boundary line setback for the freestanding sign at the time of the application was 40 feet. However, later in 2013 the City did amend the code to allow a 10 -foot property line setback for freestanding signs as part of Ordinance 453. Planner Wall shared various images of the property and the proposed freestanding monument sign. As proposed, this would be the only sign on the parcel and it would meet the required size, height, and driveway/parking area setback standards. The proposed variance in this case is for a 2 -foot setback from the property boundary line. Planner Wall then explained the three standards of review for variance requests and how this request satisfies those standards. Due to the setback request, staff did review any visibility concerns to ensure that a sign in the proposed location would not negatively impact turning movements from the site. In addition, staff requested that the applicant look at other options; however, others location may negatively affect the sign's impact, disturb existing vegetation, or require different variance requests. Staff recommended approval of this variance request with conditions. Commissioners had no questions for Planner Wall. Chair Field opened the public hearing. Mr. Brian Holmes of Prime Therapeutics came forward to address the Commission and to answer any questions they may have. Mr. Rick Ferraro of Spectrum Sign Systems also came forward to address the Commission and to answer any questions they may have. He noted that, in his belief, the proposed sign is aesthetically and well-proportioned to fit that intersection. It is the best solution for the identification and land marking of the facility. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 page 17 91 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 92 RECOMMEND APPROVAL OF PLANNING CASE 2015-38, VARIANCE REQUEST BASED 93 ON THE FOLLOWING FINDINGS OF FACT: 94 1. The proposed sign is a reasonable use of the property and meets the purpose and intent of 95 the Code. 96 2. The proposed sign is located at the only ingress/egress to the subject parcel's surface 97 parking lot and building entrance; strict interpretation of the setback standards would not 98 allow the proposed sign in this location based on the existing conditions. 99 3. Based on the existing site conditions and analysis of other alternatives, the applicant has 100 established practical difficulties due to unique circumstances in order to reasonably locate 101 a freestanding monument sign in compliance with the required setbacks. 102 4. The proposed sign's location is over 20 feet from the road and does not interfere with the 103 off-street trail, intersection site distances, or drainage and utility easements in the 104 immediate area. 105 5. The proposed sign will not negatively impact the character of the surrounding area. 106 107 WITH THE CONDITION that a sign permit is obtained on behalf of the property owner/tenant. 108 109 AYES:7 110 NAYS: 0 111 112 Chair Field advised the City Council would consider this application at its November 3, 2015 113 meeting. 114 115 Discussion of Joint Workshop with City Council 116 117 Planner Wall noted that the Commission packet included information for review prior to this 118 Thursdays' [October 29, 2015] joint workshop with the City Council. He reminded the 119 Commissioners of that workshop and opened the floor for questions. 120 121 Staff intends to have a discussion among the Commissioners and the Council in terms of the 122 existing conditions in the Industrial District and some visionary discussions about what might 123 happen in the future to influence what gets included in the plan. 124 125 Verbal Review 126 127 Planner Wall gave the following verbal review: 128 129 PLANNING CASE #2015-36 130 2190 Glen Toro Road 131 Wetlands Permit Request 132 Approved by the City Council as recommended by the Planning Commission. 133 134 The City Council did adopt comments very similar to what the Planning Commission's comments 135 were pertaining to the City of Eagan's proposed Comprehensive Plan amendment regarding the 136 property just across 1-494. page 18 137 Staff and Commission Announcements 138 139 Planner Wall congratulated the University of St. Thomas on beating his alma mater, St. John's 140 University, this year in football, and in honor of his bet with Commissioner Hennes he wore a St. 141 Thomas tie during the meeting. 142 143 Public Works Director/City Engineer John Mazzitello noted that Highway 13 has been closed 144 between the Ivy Falls Bridge and Sylvandale Road due to a significant slope failure during a major 145 rainstorm. The reason Highway 13 is closed is that the property owner is repairing the slope, 146 which will take approximately six weeks to complete. Because this is a privately -driven project 147 there was no information available on MnDOT's website or the County website as to why the 148 highway was closed. The City has put a link on its homepage about the Highway 13 slope repair 149 with information on the project and when it is anticipated that the highway would be reopened. 150 151 He also provided an update on the Highway 13 project west of 35E noting that the wear course of 152 pavement went down today [October 27, 2015]. It needs to be striped yet but the markings are 153 down for that and that portion should be complete to Lexington Avenue within the week. The 154 portion from Lexington down to 2nd Street in Mendota — the contractor is installing the drop shaft 155 for the Lilydale drainage system and are anticipating that portion being open by mid-November. 156 157 There was an open house held at Henry Sibley High School on October 21St regarding the Highway 158 110 underpass. Many residents were in attendance and the County on the different alternatives 159 received many comments. At this point in time, the County is trying to select the location for this 160 crossing. It appears that the most eastern option, crossing Highway 110 at approximately Market 161 Square Park or Tommy Chicago's at the Village, is the majority -preferred alignment. The County 162 will be back in front of the City Council on November 17, 2015 to present an update and the 163 preferred alternative as selected by County staff that will go before the County Board in December. 164 165 Adiournment 166 167 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 168 ADJOURN THE MEETING AT 7:19 P.M. 169 170 AYES:7 171 NAYS: 0 page 19 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Proposed Code Amendment Regulating Dog Licensing Provisions BACKGROUND The temporary off -leash dog area located on city owned land south of Acacia Boulevard and east of Pilot Knob Road is now open. There is no fee to use the off -lease area. However, the City is requiring all dogs that use the area to be licensed with the City of Mendota Heights. This will ensure that all dogs are current with their rabies vaccination. It will also provide contact information if the city were to ever address an issue pertaining to the temporary off -leash area. Since we are requiring a dog license for all dogs using the off -leash area including nonresidential users, we need to update our City Code. Ordinance No. 489 would add language requiring a dog license for all dogs using the off -leash dog area including all nonresidential users. RECOMMENDATION City staff is recommending the Council adopt Ordinance No. 489 Amending Section 5-3-2 of the City Code concerning Dog Licensing provisions, requiring a license for all dogs using the City of Mendota Heights off -leash dog area including all nonresidential users. page 20 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 489 AN ORDINANCE AMENDING SECTION 5-3-2 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING DOG LICENSING PROVISIONS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 5, Chapter 3 is hereby amended as follows: 5-3-2 Dog Licensing Provisions A. License Required; Exemptions: Except as provided in section 5-3-10 of this chapter, no person shall own, keep, or harbor any dog within the city limits unless such dog is licensed as herein provided. The licensing requirements of this chapter shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days; provided, that all such dogs shall at all times while within the city be kept under restraint. The foregoing not withstanding a dog license is required for all dogs . g the City of Mendota Heights off -leash dog area including all nonresidential users. 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 3rd day of November, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 21 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: RESOLUTION 2015-82 FORMALLY ACCEPTING A GIFT TOWARD THE SCOTT PATRICK MEMORIAL 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. Last week we received a check from the Pool & Yacht Club along with a very nice letter. The Pool and Yacht Club sponsors an annual golf tournament and then donates the proceeds to worthy causes. This year they felt it was important to help remember Officer Patrick, and as a result sent a check for $2,000. I recommend the City Council pass the attached resolution accepting the donation to the police department, which will go toward the Police Officer memorial. A thank you letter will be sent after the resolution has been passed. BUDGET IMPACT The acceptance of this gift will help with a permanent memorial. RECOMMENDATION If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION 2015-82 "FORMALLY ACCEPTING A GIFT TO BE USED FOR THE SCOTT PATRICK MEMORIAL." and City of Mendota Heights page 22 Dakota County, Minnesota RESOLUTION 2015-82 RESOLUTION FORMALLY ACCEPTING A GIFT TO BE USED FOR THE SCOTT PATRICK MEMORIAL WHEREAS, the City of Mendota Heights desires to memorialize Officer Scott Patrick; WHEREAS, the Minnesota State Statute requires a resolution to accept 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 of Mendota Heights encourages and supports citizens who wish to participate in government; and WHEREAS, the sacrifice of Officer Scott Patrick should be memorialized by the City of Mendota Heights through the participation of everyone who was impacted by his death; 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. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights gratefully accepts the donation of $2,000 from the Pool and Yacht Club for use towards an Officer Memorial. Adopted by the City Council of the City of Mendota Heights this 3rd day of November, 2015. ATTEST: Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 23 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Audit Services BACKGROUND In August 2009, the city went out for RFP's for auditing services. In November 2009, the city contracted for those services with KDV for a three year term. Once the initial three year term had concluded, the city extended the audit engagement for an additional three years. The city is able to extend that contract without seeking bids from other firms. At this time, KDV has provided us with a quote for the upcoming 2015 audit. The cost for the 2015 audit is as follows. 2015 audit $33,500 The cost of the 2014 audit was $32,900. This represents an increase of 1.8%. We have had a good working relationship with KDV. They provide a thorough report with useful information. I recommend that we continue to work with KDV and extend the contract for the 2015 audit at a cost of $33,500. Next summer we can review the RFP process for auditing services and determine if we should go out for a RFP at that time. BUDGET IMPACT This price has been budgeted for in the 2016 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council authorize staff to sign the engagement letter (contract) for auditing services with KDV for the 2015 audit as quoted above. page 24 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-hei ghts.corn s CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: INTRODUCTION: November 3, 2015 Mayor, City Council and City Administrator Tamara Schutta Assistant to the City Administrator/HR Coordinator 2016-2017 Teamsters Labor Contract COMMENT.- The OMMENT: The City Council is asked to ratify a two-year labor contract with Teamster Local 320, which represents the Public Works employees. BACKGROUND Attached for your review and consideration is the 2016 — 2017 contract between the City of Mendota Heights and the Teamsters union for which there is a tentative agreement. The 2016 — 2017 Teamsters contract is consistent with the direction which staff received from the City Council. Highlights include a 2.5% cost of living adjustment in both 2016 and 2017. In addition, the City's contribution to health insurance will remain the same 2016 and 2017, as it was in 2015. Teamsters Contract The changes to the Teamsters 2016 — 2017 contract include: 1. Article 10, Overtime Pay — beginning November 1, 2016, carry over of compensatory time will be capped at 150 hours. Employees will be allowed to convert compensatory time balance to compensation. One hundred percent (10001o) will be contributed into the employee's State of Minnesota Post Retirement Health Savings Plan. 2. Article 17, Probationary Period -extended to twelve (12) months. 3. Article 21, Wages —A 2.5% cost of living adjustment for 2016 and 2.5% cost of living adjustment for 2017. Maintenance I Maintenance H Maintenance III Leadworker Mechanic 2.5% on 1/1/2016 $19.53 $22.95 $28.78 $30.06 $30.06 2.5% on 1/1/2017 $20.02 $23.52 $29.50 $30.81 $30.81 4. Article 22, Working out of Classification — A 2.5% adjustment for 2016 and 2.5io aa�u�ment for 2017 has been made to the wages in this section in regards to compensation when employees are working out of their traditional job classification. 5. Article 23, Clothing -the clothing allowance has been adjusted to $400 for 2016 and $410 for 2017. 23.2 In lieu of a clothing allowance, the Mechanic position will receive uniforms through an approved vendor. 6. Article 24, Insurance — The EMPLOYER will contribute up to a maximum of one thousand four hundred fifty two dollars ($1,452) per month per employee for 2016 towards health, term life, short term disability, long-term disability insurance and dental insurance. The EMPLOYER will contribute up to a maximum of one thousand four hundred fifty two dollars ($1,452) per month per employee for 2017 towards health, term life, short term disability, long-term disability insurance and dental insurance. If any City of Mendota Heights employee group is awarded a higher amount in 2017 the UNION MEMBERS shall receive the higher amount. 7. Article 25, Holidays — One (1) additional floating holiday will be included in the schedule for a total of two (2) floating holidays. 25.3 — Employees working on the Thanksgiving holiday and Christmas holiday shall receive two (2) times the employee's regular rate of pay. 8. Article 27, Funeral Leave — Employees will be allowed 24 hours to attend funerals for a grandparent, brother-in-law, sister-in-law, and grandchild. 9. Article 31.1 Certification/License — Employees obtaining certain certifications will receive a monthly payment. The City reserves the ability to limit the number of compensated certifications/licenses. The monthly payments for certifications shall be as follows: MPCA Underground Storage Tank Operator $20.00 Pesticide applicator license $20.00 Roads Scholar Certification (LTAP) $20.00 Tree Inspector Certification $20.00 Waste Water Operator Certification S -C $20.00 The Teamsters members have voted to approve their tentative contract. This was a positive contract negotiating session with the Teamsters representatives. City Administrator Mark McNeill, Public Works/City Engineer John Mazzitello and I thank the City Council and the members of the Teamsters. BUDGET IMPACT The contract costs are included in the 2016 city budget. RECOMMENDATION page 26 We recommend that a motion should approved to ratify the proposed two-year contract. It requires a simple majority vote of the City Council. ACTION REQUIRED If the Council concurs, it should, by motion approve the 2016 — 2017 labor agreement between the City of Mendota Heights and Teamsters Local 320. page 27 between THE CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 r' otherh000' cj Representing PUBLIC WORKS EMPLOYEES EFFECTIVE JANUARY 1, 20146 THROUGH DECEMBER 31, 20157 page 28 TABLE OF CONTENTS ARTICLE 11 Purpose of Agreement 42 Recognition 143 Union Security W4 Employer Security V5 Employer Authority V46 Employee Rights — Grievance Procedure V-47 Definitions V448 Savings Clause �X9 Work Schedules X10 Overtime Pay X111 Call Back X412 Standby X113 Legal Defense XIV14 Right to Subcontract XV15 Discipline XV116 Seniority X -V417 Probationary Periods XV 418 Safety X19 Job, Posting XX20 Waiver X21 Wages XX -422 Working Out of Classification 423 Clothing XA4V24 Insurance XV25 Holidays XX -V426 Personal Leave and Extended Disability Protection XXV427 Funeral Leave XXV11128 Vacation 29 Water Tower X430 National Teamsters Drive XX4431 Educational Incentive 32 Duration Signature Page Appendix A Memorandum of Understanding (Post Retirement Health Savings Plan) 1 1 2 2 2 3 5 6 6 6 7 7 7 7 7 8 8 8 8 9 9 10 10 10 10 11 12 12 12 13 13 13 14 15 page 29 LABOR AGREEMENT between CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE 11. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Mendota Heights; hereinafter called EMPLOYER, and Local No. 320, Minnesota Teamsters Public and Law Enforcement Employees' Union. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 02. RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining unit consisting of the following job classifications: Public Works Leadworker Public Works Maintenance 11 Public Works Maintenance 112 Public Works Maintenance 1113 Public Works Mechanic 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of the new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. page 30 ARTICLE W3. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3. The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE JF4. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima fade presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two (2) years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have theretofore been entitled. 4.5 No employee shall be entitled to any daily, pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE V5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. page 31 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE W. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 6.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union Representative shall be allowed a reasonable amount of time loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer's designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days following the Employer page 32 designated representative's receipt of Step 2 appeal. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated Step 3 representative shall give the Union the Employer's answer in writing within ten (10) calendar days following the Employer designated representative's receipt of Step 3 appeal. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modify or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union. page 33 ARTICLE V117. DEFINITIONS 7.1 Union: The MN Teamsters Public Law Enforcement Employees' Union, Local 320. 7.2 Employer: The individual municipality designated by this Agreement. 7.3 Union Member: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.4 Employee: A member of the exclusively recognized bargaining unit. 7.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 Seniority: Length of continuous service with the Employer. 7.7 Compensatory Time: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 7.8 Overtime: Work performed at the express authorization of the Employer in excess of the normal work schedule in effect, (except for shift changes). 7.9 Call Back: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of, or early report to an assigned shift, is not a call back. 7.10 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE VI118. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE JX9. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work schedule shall not exceed ten (10) hours within a twenty-four (24) hour period, or forty (40) hours in a seven (7) day period, (except for shift changes). The normal work schedule shall not involve a split work week. page 34 9.2 Service to the public may require the establishment of, regular shifts for some employees on a daily, weekly, seasonal or annual basis other than the normal work schedule. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal work schedule. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment of facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than the scheduled shift; however, each employee has an obligation to work overtime or call backs if requested, unless unusual circumstances prevent him/her from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X10. OVERTIME PAY 10.1 Hours worked in excess of the normal work schedule in effect within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a five (5) day period will be compensated at one and one-half (1%) times the employee's regular base pay rate. Pay for the seventh (7th) consecutive day will be at double (2) time the employee's regular base pay rate, ARTICLE X-47 excluded. Hours worked between midnight and 7 a.m. shall be paid a differential of two dollars ($2.00) per hour for a snow or ice emergency. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime work. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours Worked. 10.5 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. Beginning November 1, 2016, the maximum allowable balance of such hours carried into the next twelve months (i.e., November 1 to October 31) shall be one hundred fifty (150) hours. The EMPLOYER will convert to compensation an employee balance in excess of the 150 hours maximum. 10.6 An employee may request to convert to compensation any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. 10.7 One hundred percent (100%) of the compensatory time balance converted to compensation in May and November will be contributed into the employee's State of Minnesota Post Retirement Health Savings Plan. page 35 ARTICLE X111. CALL BACK An employee called in for work at a time other than his/her normal scheduled shift will be compensated for a minimum of two and one-half (2%2) hours pay at one and one-half (1%) times the employee's base pay rate. ARTICLE XI412. STANDBY Employees are expected to perform certain routine tasks on Saturdays, Sundays, and holiday's and in conjunction therewith, must be available for servicing emergency calls also. Stand-by duty pay shall be two (2) hours at one and one-half (1%2) times base rate for each twenty-four (24) hour period or major portion thereof. Compensation for performing routine tasks shall be one (1) hour at one and one-half (1%) times base rate for checking of two (2) sewer stations and any other emergency duties. This combination of holiday and weekend compensation shall be at the minimum rate of five (5) hours at one and one-half (1 %2) times base rate for the combination Saturday/Sunday weekend, and eleven (11) hours at one and one-half (1 %) times base rate for a three (3) day weekend. ARTICLE X1-11113. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, nonobservance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIV14. RIGHT OF SUBCONTRACT Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XV15. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A. oral reprimand; B. written reprimand; C. suspension; D. demotion; or E. discharge 15.2 Suspensions, demotions and discharges will be in written form. 15.3 Written reprimands, notices of suspension, and notices of discharge to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. page 36 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 15.5 D'SGharges will be preGeded by five (5) day 15.65 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such meeting. 15.76 Grievances relating to this Article shall be initiated by the Union in Step 3 at the Grievance Procedure under Article x46. ARTICLE XV416. SENIORITY Seniority will be the determining criteria for transfers, promotions and layoffs only when all other qualification factors are equal. ARTICLE XW117. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a six (6) menthe twelve (12) month probationary period. 17.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVW1118. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety manners and to encourage employees to work in a safe manner. ARTICLE =19. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: A. have the necessary qualifications to meet the standards of the job vacancy; and B. have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XV -417 (Probationary Periods). page 37 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XX20. WAIVER 20.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 20.2 The parties mutually acknowledge that during negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed from law by bargaining. All are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions or employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XX121. WAGES 21.1 Maintenance 11 Maintenance 42 Maintenance fl43 Leadworker Mechanic 2.5% on 1/1/20146 $49:68$19.53 $293$22.95 $27.53$28.78 $285$30.06 $28:7-5$30.06 2.5% on 1/1/20157 $4-9-.95$20.02 $22.9$23.52 $28:03$29.50 $29:33$30.81 $2-9-.33$30.81 21.2 Work performed, as assigned by the Employer, to replace an absent mechanic shall be compensated at one-half (1/2) the difference between the employee's regular compensation and the mechanic's regular compensation. The mechanic is absent when on authorized leave or vacation. . ••� .. • A. ARTICLE X1122. WORKING OUT OF CLASSIFICATION 22.1 Maintenance 11, Maintenance 42, and Maintenance 143 workers who are adjudged qualified by the Employer to operate the Case Loader -Backhoe, 950 Caterpillar loader, the 580D Groundsmaster, when in use for lawn maintenance, and leased tracked equipment will be paid for those hours assigned to the unit at the rate of $24-63$29.93 per hour for 20146 and $2-9:29$30.68 for 20157. 22.2 Maintenance 11, Maintenance 42, and Maintenance 143 workers who are adjudged qualified by the Employer and hold a valid welding certification will be paid for hours spent welding assigned by the Employer at the rate of $263$29.93 per hour for 20146 and $29-20$30.68 for 20157. page 38 22.3 Maintenance 11 and Maintenance 42 workers who are required by the Employer to be qualified to operate the items of equipment listed in Appendix A will be paid the Maintenance W3 rate of pay for those hours assigned to the unit. ARTICLE XX -I1123. CLOTHING 23.1 Each employee shall receive an. annual reimbursement for purchase of protective clothing worn on the job in the maximum amount of four hundred dollars ($400.00) for 20146 and four hundred ten dollars ($410.00) for 20157. Reimbursement shall be upon presentation of receipt for purchase of such clothing and approval of the Public Works Superintendent. The City will process a separate payroll check in February of each year of the 2016-2017 Labor Agreement. 23.2 In lieu of a clothing allowance, the Mechanic position will receive uniforms through an approved vendor. ARTICLE XX4u24. INSURANCE The Employer will contribute up to a maximum of one thousand four hundred and fifty two dollars ($1,452) per month per employee for 20146 towards health, term life, short term disability, long-term disability insurance and dental insurance. The Employer will innrease its nnntF1b 1tinn by a pementage equal to the ° .contribute up to a maximum of one thousand four hundred and fifty two dollars ($1,452) per month per employee for 2017 towards health, term life, short term disability, long-term disability and dental insurance. If any City of Mendota Heights employee group is awarded a higher amount in 204.52016-2017 the Union members shall receive the higher amount. ARTICLE X25. HOLIDAYS 25.1 €levenTwelve (14-2) paid 8 -hour holidays are granted. Ten (10) conventional holidays are as follows: January 1 New Year's Days 3rd Monday of February President's Day Friday before Easter Good Friday Last Monday in May Memorial Day July 4 Independence Day 1 st Monday in September Labor Day 2nd Monday of October Columbus Day November 11 Veteran's Day 4th Thursday of November Thanksgiving Day December 25 Christmas If January 1, New Year's Day; July 4, Independence Day; November 11, Veteran's Day; or December 25, Christmas, fall on Saturday, the preceding Friday shall be considered a holiday. If January 1, July 4, November 11, or December 25 fall on a Sunday, the following Monday shall be page 39 considered a holiday. 25.2 In recognition of Martin Luther King's birthday, an eleventh (11th) day, a floating holiday, will be granted, conditioned that scheduling arrangements must be approved by the supervisor at least two (2) days in advance of the floating holiday. One (1) additional floating holiday will be included in the schedule for a total of two (2) floating holidays. 25.3 An employee required to work on a scheduled holiday will be compensated at one and one-half (1Y2) times the employee's regular rate of pay, and will receive time off equivalent to the holiday hours worked, to a maximum of eight (8), at a time subsequently scheduled by the supervisor. Employees working on Thanksgiving holiday and Christmas holiday shall receive two (2) times the employee's regular rate of pay. ARTICLE XXV426. PERSONAL LEAVE and EXTENDED DISABILITY PROTECTION 26.1 Personal Leave: Beg,nn+ng january 1, 19&7, QAII permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1, any employee with an accrued personal leave balance in excess of 320 hours may convert the excess hours at the rate of fifty percent (50%), to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Upon separation, employees shall be compensated for any unused personal leave balance. 26.2 Extended Disability Protection: BeginniR9janyary 1, 1 987—aAll permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of six hundred and forty (640) hours. Extended disability protection is available for use on the first (1st) consecutive day of a personal illness, and thereafter, or anytime for a work related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter of report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension, or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave, and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. 26.3 Employees will contribute twenty percent (20%) of their total accrued personal leave hours on November 1st of each year beginning in November of 2007 which will be put into the State of Minnesota's Post Retirement Health Care Savings Plan(s) in their account/name. page 40 26.4 Upon separation from employment with the City, an employee will put all unused vacation and personal leave, hours for hours, into the State of Minnesota's Post Retirement Health Care Savings Plan(s). ARTICLE XVI127. FUNERAL LEAVE All permanent employees, both full-time and part-time, may attend the funeral of their spouse, mother, father, children, brother, sister, mother-in-law, aP4 father-in-law, grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandchild as paid Funeral Leave. Such funeral leave shall not exceed twenty-four (24) hours and shall not be counted as sick leave. ARTICLE XVI1128. VACATION 28.1 Time is accrued according to the following schedule: Eighty (80) hours after one (1) year service; and eighty (80) hours per year through four (4) years of service; One hundred twenty (120) hours per year after five (5) years of service and one hundred twenty (120) hours per year through nine (9) years of service; Eight (8) additional hours per year after ten (10) years of service with a maximum of one hundred sixty (160) after fifteen (15) years of service. 28.2 Employees may accrue vacation leave not to exceed a maximum of two hundred (200) hours. 28.3 No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE X29. WATER TOWER The Employer agrees that members of the bargaining unit shall not be required to ascend the ladder above the "drip ceiling" in the elevated water tower. ARTICLE X30. NATIONAL TEAMSTERS D.R.I.V.E. (Democratic/Republican/Independent Voter Education) Upon receipt of a properly executed voluntary authorization card from an employee, the City will deduct from the employee's salary such amounts as the employee authorizes to pay National Teamsters D.R.I.V.E. Any start-up costs will be reimbursed by the Union. ARTICLE X131. EDUCATIONAL INCENTIVE 31.1 Certifications/Licenses are paid on a straight time basis. Monthly payments for certification shall be as follows: MPCA Underground Storage Tank Operator $20.00 Pesticide applicator license $20.00 Roads Scholar Certification (LTAP) $20.00 page 41 Tree Inspector Certification $20.00 Waste Water Operator Certification S -C $20.00 31.2 The City reserves the ability to limit the number of compensated certifications/licenses covered under Article 31. ARTICLE 32. DURATION This Agreement shall be effective as of January 1, 20146 and shall remain in full force and effective until December31, 20157. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 4r day of no�ber 2013. CITY OF MENDOTA HEIGHTS Mayor City Clerk City Administrator MINNESOTA TEAMSTERS LOCAL NO. 320 Sami Gabriel, President/Business Agent Steward page 42 APPENDIX A Backhoe — Under 15' Reach Blacktop Paver Bobcat — Bobadier or MT Trackless Boom Truck Brush Chipper Cement Mixer Crawler Tractor — Under 50 HP Cushman 632 John Deere 401 Tractor when flayel, sickle or loader is attached Loader —1 Yard or More Oil Distributor Paint Striper — Truck Mounted Rollers (steel and rubber) Over 6 Ton Sewer Cleaner, Hydraulic and Vacuum Street Sweepers — Pickup Type Tree Spade Any vehicle requiring a State of Minnesota "Class B" Operators License page 43 MEMORANDUM OF UNDERSTANDING between the CITY OF MENDOTA HEIGHTS and the TEAMSTERS LOCAL 320 on behalf of the PUBLIC WORKS EMPLOYEES The following Letter of Agreement is made between the City of Mendota Heights and Teamsters Local 320. WHERE AS, the City of Mendota Heights Public Works and Teamsters Local 320 are in agreement to the following: That the City allow employees to participate in a Post Retirement Health Savings Plan by contributing one percent (1 %) of their total gross salary per pay period. FURTHERMORE, the City of Mendota Heights and Teamsters Local 320 agree this will be in effect starting January 1, 2014. FOR THE CITY: City Manager Date FOR THE UNION: L'1'1 President/Business Agent Date Union Steward Date page 44 • A �. Ml— . _ Ig P1y,ar .. •� ivmia:a: — a�ums.ua:a.aa.nicw�o�� �.i imai.Tan� r I ■ l 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone j 651.452.8940 fax www.rnendota-heights.com r It CITY OF MENDGTA HEIGHT DATE: November 03, 2015 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items — Amended Item 1: Successful Completion of Probationary Period, Maintenance I Ryan Crouley As of October 27, 2015, Ryan Crouley completed his six month probationary period as a Maintenance I for the Street Department. During the past six months, Ryan has done an excellent job, becoming familiar with all aspects of his position. Ryan is a valuable part of the Public Works team and he's a great asset to the city. City staff recommends that the City Council officially appoint Ryan Crouley to the position of regular, full-time Maintenance I, effective October 27, 2015. It has been customary to upgrade Maintenance I employees upon successfully completion of their probationary period to the level of Maintenance Il. City staff is recommending that Ryan be promoted to Maintenance Worker II. The Maintenance II position wage is $22.39 per hour based on the 2014 — 2015 Teamsters Labor Agreement. Also, according to the labor agreement, Article 17.2, promotion to Maintenance II begins a second six month probationary period. City staff recommends that the City Council authorize Mr. Crouley's promotion to Maintenance II effective October 27, 2015, which will begin a second six month probationary period. Item 2: Resignation of Project Engineer We received a letter of resignation on Friday, October 30, from Almin Ramic, Project Engineer. He has accepted a position with a city in California, and so will be leaving the City of Mendota Heights. We thank him for his valuable contribution and service to Mendota Heights. Over the past 18 months, Almin has been a valued member of the engineering department assisting with project management, storm water design, plan review and interacting with the public. We have an appreciation of Almin's work and he will definitely be missed. Almin's last day of employment will be November 13, 2015. City staff recommends the City Council accept with regret the resignation of Almin Ramic as Project Engineer, effective November 13, 2015. BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council pass a motion appointing Ryan Crouley to the position of regular full-time Maintenance I, effective October 27, 2015. Staff also recommends that the Mendota Heights City Council authorize Ryan Crouley's promotion to Maintenance 11 effective October 27, 2015, which will begin a second six month probationary period. This action requires a simple majority vote. Staff recommends the Mendota Heights City Council accept Almin Ramic's resignation effective November 13, 2015. This action requires a simple majority vote. CITY OF80ENDOTAHEIGHTS TREASURER'S REPORT SEPTEMBER 3015 W` SeptRates Money Market Bank 0.03% 5Yr. Tr. 1.3796 BALANCE COLLATERAL American Bank Checking Account '02Y6' $31.633.44 Savings Account .0296 $64K0.50 $32.273.94 Collateral _Bonds $1.200.000.00 Gov't. Guar. $260.000.00 Investments Cost PV Saving Cert 1/2S/1G@O. 1596Cherokee $13.852.69 $13.952.59 FHLB 1.OU962/27/20 $250.000.00 $250.077.60 FHLN1C2.0096O7/3O/2O $760.000.00 $749.970.00 GECapital Financial Inc 2.D5Y611/4y1G $245.000.00 $248.123.75 American Express Cent Bank 2.O59612/1/1G $245.000.00 $248.251.15 GE Capital Retail Bank 2.00967/G/18 $200.000.00 $202.302.00 Sallie Mae Bank 2.O5O9611/20/18 $245.000.00 $247.447.55 BMW Bank 2.00Y612/11/18 $245.000.00 $247.067.80 ComanityBank 2.0096O7Y15/18 $200.000.00 $199.270.00 Capital One Bank USA 2.0096O8/12/1B $245.000.00 $246.090.25 Capital One Bank 2.009608/12/19 $245.000.00 $246.090.25 World's Foremost Bank 2.0O96O8/13/10 $200.000.00 $188.888.00 Cit Bank 2.159611/13/19 $245.000.00 $245.144.55 Goldman Sachs Bank 2.2O9612/17/1Q $100.000.00 $100.912.00 Discover Bank 2.O5O96OS/1O/2O $200.000.00 $200.310.00 OrratownBank 2.UO96D8/28/3O $245.000.00 $245.222.95 Parkside Fin|Bank & Trust 1.5O96O1/24/21 $245.000.00 $244.576.15 First American Bank 2.0096Q/12/22 $245'000.00 $245.906.50 Fidelity Institutional Government Portfolio (Piper) $2.072'109.33 $2.072.109.33 Gov'LSecurities Fund 28Y6Sold 8/4 $433.187.00 G1.031.000.00 K8N1ktFd (WF) $1`826.531.83 TOTAL FUNDS AVAILABLE 9/30/16 $8.728.054.68 Funds Available 1/1/2O15 $12.023.991.13 SeptRates Money Market Bank 0.03% 5Yr. Tr. 1.3796 page 47 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com Of { CITY OF MJ MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: September 2015 Fire Synopsis Fire Calls The department responded to 23 calls for the month. The majority of calls were classified as false alarms or as good intent calls. Eight of the calls were residential in nature, of the other calls, three were commercial responses, seven were EMS calls, two were utility checks, two were car fires, and there was one grass fire. Monthly Department Training The monthly department training required each of our firefighters to drive several of our trucks through a DOT driving course. The training division sets up a cone course in a local parking lot which has five different DOT skill stations that firefighters must maneuver through with the apparatus. Monthly Squad Training The squad training for the month focused on water supply. Firefighters trained on all the aspects that are associated with hooking the hydrant, establishing a supply line to the apparatus, and flowing water to the various hand lines that could be used at a residential fire. Each apparatus has three intakes that can be used to receive water from the hydrant and between 10 and 12 different discharges. MENDOTA HEIGHTS FIRE DEPARTMENT SEPTEMBER 2015 MONTHLY REPORT FIRE CALLS NO. 15175 - 15197 NUMBER OF CALLS FIRE ALARMS DISPATCHED: NUMBER I STRUCTURE CONTENTS ACTUAL FIRES $0 Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas 1 Vehicle - MH 1 Vehicle - Contract Areas TOTALS: $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract INSPECTIONS MEDICAL INVESTIGATIONS Assist 6 Extrication 1 HAZARDOUS SITUATION 9 Spills/Leaks 20 Arcing/Shorting 7.5 Chemical 68.5 Power Line Down FALSE ALARM Residential Malfunction 2 Commercial Malfunction Unintentional - Commercial 1 Unintentional - Residential 3 Criminal GOOD INTENT Smoke Scare 2 Steam Mistaken for Smoke Other 6 MUTUAL AID TOTAL CALLS 23 LOCATION OF FIRE ALARMS: TO DATE MENDOTA HEIGHTS 18 163 MENDOTA 2 5 SUNFISH LAKE 1 10 LI LYDALE 2 12 OTHER 7 TOTAL 23 197 WORK PERFORMED HOURS TO DATE FIRE CALLS 313.5 3101 MEETINGS 18 247.5 DRILLS 146 1341.5 WEEKLY CLEAN-UP 34 319.5 SPECIAL ACTIVITY 124 1847.5 ADMINISTATIVE 0 0 FIRE MARSHAL 68.5 485.5 TOTALS 704 7342.5 page 48 23 MISC. TOTALS TO DATE $2,510 $100,000 $1,250 $500 $1,750 $4,500 $30,400 $0 TOTAL MONTHLY FIRE LOSSES $1,250 $500 $4,500 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $6,250 $134,660 MEND. HTS. ONLY STRUCT/CONTENTS $100,010 MEND. HTS. ONLY MISCELLANEOUS $31,900 MEND. HTS. TOTAL LOSS TO DATE $131,910 BILLING FOR SERVICES LAST YEAR 191 6 11 20 7 235 LAST YEAR 3898 304.5 1325.5 318 3046 0 505 9397 MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: $0 TOTALS: $0 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 32 INVESTIGATIONS 0 RE -INSPECTION 0 MEETINGS 9 ADMINISTRATION 20 SPECIAL PROJECTS 7.5 TOTAL 68.5 REMARKS: SEE OTHER SIDE FOR SYNOPSIS page 49 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com 1 CITY 4F MENDDTA HEIGHTS DATE: November 3, 2015 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary BACKGROUND Silynificant Claims Mendota Heights Fire Relief Association — 2015 Fire Aid $ 95,297.53 Metro Council Environmental Services — SAC & Sewer Charges $ 121,396.58 A to Z Home Inspections — October Inspections $ 6,600.00 CDW — Government — Network Switches, Licenses, Supplies $ 18,083.36 Dakota County Financial Services — Radio Fees, RMS & CHN Costs $ 34,747.34 League of NIN Cities — 2015/2016 Membership $ 10,151.00 Midwest Groundcover — Playground Materials $ 5,400.00 North Pine Aggregate — Somerset Storm Water Improvements $ 123,207.17 Manual Checks Total System Checks Total Total for the list of claims for the October 20, 2015 city council meeting RECOMMENDATION: Approval of the list of claims for November 3, 2015. $ 265,731.75 $ 254,263.25 $ 519,995.00 CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 10/15/15 MAN page 50 10/28/15 2:55 PM Page 1 Account Comments DEPT Descr Amount Search Name MENDOTA HEIGHTS, CITY OF G 45-1155 CREDIT CARD TRANSFER $2,000.00 G 01-1155 CREDIT CARD TRANSFER $2,000.00 G 19-1155 CREDIT CARD TRANSFER $2,000.00 G 15-1155 CREDIT CARD TRANSFER $2,000.00 Search Name MENDOTA HEIGHTS, CITY OF $8,000.00 $8,000.00 Search Name UNITED WAY OF ST. PAUL G 01-2070 10/23/2015 PAYROLL page 0%28/15 CITY OF MENDOTA HEIGHTS 3:00 PM $49.00 Page 1 Claims List MANUAL CHECKS E 13-4490-000-00 10/27/15 MAN Spec Fds $10.98 Account Comments DEPT Descr Amount Search Name FIRE MARSHALL ASSN E 01-4212-320-70 SEP 2015 UTILITIES E 01-4400-030-30 TRAINING REGISTRATION -1. LEE Fire $200.00 Search Name FIRE MARSHALL ASSN Parks & Recreation $200.00 Search Name I C M A RETIREMENT 457 SEP 2015 UTILITIES Golf Course G 01-2072 10/23/2015 PAYROLL E 45-4211-046-45 $2,043.41 Search Name I C M A RETIREMENT 457 $75.29 $2,043.41 Search Name MENDOTA HEIGHTS FIRE RELIEF Golf Course $28.93 E 06-4490-000-00 2015 FIRE AID Spec Fds $95,297.53 Search Name MENDOTA HEIGHTS FIRE RELIEF $95,297.53 Search Name MENDOTA HEIGHTS GENERAL ACCT. G 01-1019 REPLENISH PETTY CASH - PD $100.64 Search Name MENDOTA HEIGHTS GENERAL ACCT. $100.64 Search Name METRO COUNCIL ENVIRONMENT SVC E 15-4449-060-60 NOV 2015 SEWER SERVICE Utility Enterprise $96,795.08 R 15-3320 SEPT 2015 SAC CHARGES $24,850.00 R 15-3615 SEPT 2015 SAC CHARGES -$248.50 Search Name METRO COUNCIL ENVIRONMENT SVC $121,396.58 Search Name MN DEPT OF LABOR & INDUSTRY R 01-3315 SURCHARGES $3,344.80 R 01-3615 SURCHARGES -$133.79 Search Name MN DEPT OF LABOR & INDUSTRY $3,211.01 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 10/23/2015 PAYROLL $50.00 Search Name NATIONWIDE RETIREMENT SOLUTION $50.00 Search Name SW/WC SERVICE COOPERATIVES G 01-2071 NOV 2015 HEALTH INS. PREMIUM $3,620.00 E 05-4131-105-15 NOV 2015 HEALTH INS. PREMIUM Engineering Enterprise $2,556.00 E 01-4131-070-70 NOV 2015 HEALTH INS. PREMIUM Parks & Recreation $1,313.00 E 01-4131-050-50 NOV 2015 HEALTH INS. PREMIUM Road & Bridges $5,048.00 E 01-4131-110-10 NOV 2015 HEALTH INS. PREMIUM Administration $4,908.00 G 01-2074 NOV 2015 HEALTH INS. PREMIUM $3,602.00 E 01-4131-020-20 NOV 2015 HEALTH INS. PREMIUM Police $13,410.00 Search Name SW/WC SERVICE COOPERATIVES $34,457.00 Search Name UNITED WAY OF ST. PAUL G 01-2070 10/23/2015 PAYROLL $49.00 Search Name UNITED WAY OF ST. PAUL $49.00 Search Name XCEL ENERGY E 13-4490-000-00 SEP 2015 UTILITIES Spec Fds $10.98 E 01-4211-320-70 SEP 2015 UTILITIES Parks & Recreation $12.42 E 01-4212-320-70 SEP 2015 UTILITIES Parks & Recreation $9.62 E 01-4212-320-70 SEP 2015 UTILITIES Parks & Recreation $1.25 E 45-4211-047-45 SEP 2015 UTILITIES Golf Course $788.09 E 45-4211-046-45 SEP 2015 UTILITIES Golf Course $75.29 E 45-4212-046-45 SEP 2015 UTILITIES Golf Course $28.93 Search Name XCEL ENERGY $926.58 $257,731.75 page 52 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Claims List Page 1 SYSTEM CHECKS 11/03/15 PAY Account Comments DEPT Descr Amount Search Name 1, 2, TREE, LLC E 01-4500-050-50 TREE REMOVAL Road & Bridges $900.00 Search Name 1, 2, TREE, LLC $900.00 Search Name A TO Z HOME INSPECTION, LLC E 01-4231-040-40 OCT 2015 INSPECTIONS Code Enforcement/Ins $6,600.00 Search Name A TO Z HOME INSPECTION, LLC $6,600.00 Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 STREET SIGNS Road & Bridges $191.40 E 01-4420-050-50 STREET SIGNS Road & Bridges $269.10 E 01-4420-050-50 STREET SIGNS Road & Bridges $191.40 E 01-4480-110-10 SIGNS - DOG PARK Administration $159.90 Search Name ADVANTAGE SIGNS & GRAPHICS $811.80 Search Name ALLSTATE PEfERBILT E 08-4335-000-00 EQUIPMENT REPAIR PARTS - CITY HALL Spec Fds $42.57 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $4.16 E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $31.92 Search Name ALLSTATE PEfERBILT $78.65 Search Name ALPHA VIDEO AND AUDIO, INC. E 01-4330-490-10 EQUIPMENT REPAIR - CITY HALL Administration $175.00 Search Name ALPHA VIDEO AND AUDIO, INC. $175.00 Search Name AMERICAN FLAGPOLE & FLAG CO. E 01-4335-315-30 FLAGS - FIRE DEPT Fire $200.40 Search Name AMERICAN FLAGPOLE & FLAG CO. $200.40 Search Name AMERICAN FLEET SUPPLY E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $65.58 Search Name AMERICAN FLEET SUPPLY $65.58 Search Name AMERIPRIDE SERVICES E 15-4335-310-60 MAT SERVICE - PW GARAGE Utility Enterprise $41.65 E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation $41.65 E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges $33.69 E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation $33.69 E 15-4335-310-60 MAT SERVICE - PW GARAGE Utility Enterprise $33.69 E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges -$1.58 E 01-4335-310-70 MAT SERVICE - PW GARAGE Parks & Recreation -$1.58 E 15-4335-310-60 MAT SERVICE - PW GARAGE Utility Enterprise -$1.57 E 08-4335-000-00 MAT SERVICE - CITY HALL Spec Fds $167.95 E 08-4335-000-00 MAT SERVICE - CITY HALL Spec Fds -$5.75 E 01-4335-310-50 MAT SERVICE - PW GARAGE Road & Bridges $41.65 Search Name AMERIPRIDE SERVICES $383.49 Search Name ASPEN MILLS E 01-4410-020-20 UNIFORMS - M. SHEPARD Police $483.85 Search Name ASPEN MILLS $483.85 Search Name ASPHALT DRIVEWAY CO R 01-3615 PERMIT REFUNDS - CXL FEE -$20.00 R 01-3250 PERMIT REFUNDS - CXL'D $100.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/03/16 PAY page 53 10/28/15 3:02 PM Page 2 Account Comments DEPT Descr Amount Search Name ASPHALT DRIVEWAY CO $80.00 Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 NOV 2015 LT DISB PREMIUM Fire $180.20 Search Name ASSURANT EMPLOYEE BENEFITS $180.20 Search Name BAUER BUILT E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $265.14 Search Name BAUER BUILT $265.14 Search Name BESSER WELDING & FABRICATION E 01-4335-310-50 SHOP REPAIR Road & Bridges $113.34 E 01-4335-310-70 SHOP REPAIR Parks & Recreation $113.33 E 15-4335-310-60 SHOP REPAIR Utility Enterprise $113.33 Search Name BESSER WELDING & FABRICATION $340.00 Search Name BOLTON & MENK INC E 27-4220-794-00 MENDOTA HEIGHTS RD PROJECT Spec Fds $2,562.00 Search Name BOLTON & MENK INC $2,562.00 Search Name BOUND TREE MEDICAL LLC E 01-4305-030-30 MEDICAL SUPPLIES - FIRE DEPT Fire $103.64 Search Name BOUND TREE MEDICAL LLC $103.64 Search Name CC STITCHERI E 01-4305-030-30 CLOTHING - FIRE DEPT Fire $558.00 Search Name CC STITCHERI $558.00 Search Name CDW GOVERNMENT, INC E 01-4305-024-20 OPERATING SUPPLIES - PD Police $408.22 E 01-4301-114-14 SOFTWARE LICENSES Info Tech $7,933.25 E 01-4330-440-20 NEW SQUAD SET-UP Police $2,723.17 E 01-4301-114-14 NETWORK SWITCH Info Tech $3,729.00 E 01-4301-114-14 NETWORK SWITCH Info Tech $2,881.50 E 01-4305-024-20 OPERATING SUPPLIES - PD Police $408.22 Search Name CDW GOVERNMENT, INC $18,083.36 Search Name CEMSfONE PRODUCTS CO E 08-4335-000-00 BLDG REPAIR MATERIALS - CITY HALL Spec Fds $156.12 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $14.70 Search Name CEMSTONE PRODUCTS CO $170.82 Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $63.05 E 01-4330-215-70 IRRIGATION REPAIR PARTS Parks & Recreation $77.45 Search Name CENTRAL IRRIGATION SUPPLY $140.50 Search Name CMI INC. E 01-4305-024-20 OPERATING SUPPLIES - PD Police $115.00 Search Name CMI INC. $115.00 Search Name COMMERCIAL ASPHALT E 01-4422-050-50 STREET MAINT. MATERIALS Road & Bridges $1,067.55 Search Name COMMERCIAL ASPHALT $1,067.55 Search Name CONTINENTAL SAFETY EQ Search Name COOL AIR MECHANICAL, INC. E 08-4335-000-00 HVAC REPAIRS - CITY HALL Spec Fds page 54 Search Name COOL AIR MECHANICAL, INC. CITY OF MENDOTA HEIGHTS $506.25 10/28/15 3:02 PM Page 3 EQUIPMENT REPAIR PARTS - CITY HALL Claims List $26.65 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS SYSTEM CHECKS $86.23 Search Name CUMMINS NORTH CENTRAL 11/03/15 PAY $112.88 Search Name DAHLBERG SERVICES INC Account Comments DEPT Descr Amount E 01-4305-050-50 SAFETY EQUIPMENT - PW Road & Bridges $159.40 E 01-4305-070-70 SAFETY EQUIPMENT - PW Parks & Recreation $159.39 E 15-4305-060-60 SAFETY EQUIPMENT - PW Utility Enterprise $159.39 E 01-4305-050-50 SAFETY EQUIPMENT - PW Road & Bridges $42.50 E 01-4305-070-70 SAFETY EQUIPMENT - PW Parks & Recreation $42.50 Search Name CONTINENTAL SAFETY EQ 2015 RMS MAINTENANCE $563.18 Search Name COOL AIR MECHANICAL, INC. E 08-4335-000-00 HVAC REPAIRS - CITY HALL Spec Fds $506.25 Search Name COOL AIR MECHANICAL, INC. $506.25 Search Name CUMMINS NORTH CENTRAL E 08-4335-000-00 EQUIPMENT REPAIR PARTS - CITY HALL Spec Fds $26.65 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $86.23 Search Name CUMMINS NORTH CENTRAL $112.88 Search Name DAHLBERG SERVICES INC E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $212.50 Search Name DAHLBERG SERVICES INC $212.50 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 15-4200-610-60 AUG 2015 RADIO SUBSCRIBER FEES Utility Enterprise $23.33 E 01-4223-020-20 2015 CIIN FEE Police $9,542.90 E 01-4200-610-70 AUG 2015 RADIO SUBSCRIBER FEES Parks & Recreation $93.32 E 01-4223-020-20 2015 RMS MAINTENANCE Police $21,471.64 E 01-4200-610-50 AUG 2015 RADIO SUBSCRIBER FEES Road & Bridges $163.31 E 01-4275-020-20 JULY 2015 RADIO SUBSCRIBER FEES Police $863.21 E 05-4200-610-15 AUG 2015 RADIO SUBSCRIBER FEES Engineering Enterpris $69.99 E 01-4275-020-20 AUG 2015 RADIO SUBSCRIBER FEES Police $863.21 E 05-4200-610-15 JULY 2015 RADIO SUBSCRIBER FEES Engineering Enterpris $69.99 E 15-4200-610-60 JULY 2015 RADIO SUBSCRIBER FEES Utility Enterprise $23.33 E 01-4200-610-70 JULY 2015 RADIO SUBSCRIBER FEES Parks & Recreation $93.32 E 01-4275-030-30 JULY 2015 RADIO SUBSCRIBER FEES Fire $653.24 E 01-4200-610-50 JULY 2015 RADIO SUBSCRIBER FEES Road & Bridges $163.31 E 01-4275-030-30 AUG 2015 RADIO SUBSCRIBER FEES Fire $653.24 Search Name DAKOTA COUNTY FINANCIAL SERVIC $34,747.34 Search Name DAKOTA COUNTY TECHNICAL COLLEG E 01-4400-020-20 TRAINING - J. LARRIVE Police $375.00 Search Name DAKOTA COUNTY TECHNICAL COLLEG $375.00 Search Name DELTA DENTAL E 05-4131-105-15 NOV 2015 DENTAL PREMIUM Engineering Enterpris $378.45 G 01-2074 NOV 2015 DENTAL PREMIUM $309.50 E 01-4131-020-20 NOV 2015 DENTAL PREMIUM Police $816.65 E 01-4131-110-10 NOV 2015 DENTAL PREMIUM Administration $266.60 E 01-4131-070-70 NOV 2015 DENTAL PREMIUM Parks & Recreation $309.50 E 08-4131-000-00 NOV 2015 DENTAL PREMIUM Spec Fds $42.90 E 15-4131-060-60 NOV 2015 DENTAL PREMIUM Utility Enterprise $223.70 G 01-2071 NOV 2015 DENTAL PREMIUM $1,006.65 E 01-4131-050-50 NOV 2015 DENTAL PREMIUM Road & Bridges $421.35 Search Name DELTA DENTAL $3,775.30 Search Name ELROY S ELECTRIC SERVICE page 55 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Page 4 Claims List SYSTEM CHECKS 11/03/15 PAY Account Comments DEPT Descr Amount E 01-4330-490-70 SHOP EQUIPMENT REPAIR Parks & Recreation $34.50 E 01-4330-490-50 SHOP EQUIPMENT REPAIR Road & Bridges $34.50 Search Name ELROY S ELECTRIC SERVICE $69.00 Search Name EMERGENCY RESPONSE SOLUTIONS E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $96.40 Search Name EMERGENCY RESPONSE SOLUTIONS $96.40 Search Name ESS BROTHERS & SONS INC E 15-4305-060-60 OPERATING SUPPLIES - SEWER Utility Enterprise $300.00 Search Name ESS BROTHERS & SONS INC $300.00 Search Name FACTORY MOTOR PARTS E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $89.56 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $157.07 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise $163.20 E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $201.52 Search Name FACTORY MOTOR PARTS CLEANING SUPPLIES - CITY HALL E 08-4335-000-00 $611.35 Search Name FERRELLGAS CLEANING SUPPLIES - CITY HALL Search Name HOME DEPOT CREDIT SERVICES E 01-4422-050-50 STREET MAINT. SUPPLIES Road & Bridges $191.90 E 01-4422-050-50 STREET MAINT. SUPPLIES Road & Bridges $203.10 Search Name FERRELLGAS $395.00 Search Name FLEET SERVICES E 01-4200-610-20 SEPT 2015 SQUAD LEASES Police Search Name FLEET SERVICES Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges Search Name FRONTIER AG & TURF Search Name GOLDCOM E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Search Name GOLDCOM Search Name GRAINGER E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Search Name GRAINGER Search Name HOME DEPOT CREDIT SERVICES E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL E 15-4305-060-60 OPERATING SUPPLIES - SEWER E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT E 01-4403-030-30 FIRE PREVENTION SUPPLIES E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL E 01-4305-070-70 OPERATING SUPPLIES - PARKS E 15-4305-060-60 OPERATING SUPPLIES - SEWER E 01-4305-070-70 OPERATING SUPPLIES - PARKS E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL E 08-4335-000-00 CLEANING SUPPLIES - CITY HALL Search Name HOME DEPOT CREDIT SERVICES Fire Spec Fds Spec Fds Utility Enterprise Fire Fire Spec Fds Parks & Recreation Utility Enterprise Parks & Recreation Spec Fds Spec Fds Spec Fds $4,239.60 $4,239.60 $210.82 $60.94 $271.76 $68.44 $68.44 $74.20 $74.20 $6.95 -$0.84 $11.66 $29.59 $22.08 $114.84 $12.78 $151.81 $9.97 $171.58 $14.95 $545.37 page 56 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Page 5 Claims List SYSTEM CHECKS 11/03/15 PAY Account Comments DEPT Descr Amount Search Name HONSA LIGHTING SALES E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $41.61 Search Name HONSA LIGHTING SALES $41.61 Search Name I C C M A E 01-4400-110-10 SEMINAR - M. MCNEILL Search Name I C C M A Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-030-30 OFFICE SUPPLIES - FIRE DEPT E 05-4300-105-15 OFFICE SUPPLIES - ENGINEERING Search Name INNOVATIVE OFFICE SOLUTIONS Search Name INTEGRA TELECOM E 01-4210-110-10 E 15-4210-060-60 E 01-4210-070-70 E 01-4210-050-50 E 05-4210-105-15 E 01-4210-020-20 E 01-4210-040-40 E 01-4210-020-20 Search Name INTEGRA TELECOM Search Name INVER GROVE FORD E 01-4330-440-20 Search Name INVER GROVE FORD OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE OCT-NOV 2015 TEL. SERVICE EQUIPMENT REPAIR PARTS - PD Search Name JANI-KING OF MINNESOTA, INC. E 01-4335-315-30 OCT 2015 SERVICE - FIRE HALL E 01-4330-440-20 CLEANING -PD Search Name JANI-KING OF MINNESOTA, INC. Administration Fire Engineering Enterpris Administration Utility Enterprise Parks & Recreation Road & Bridges Engineering Enterpris Police Code Enforcement/Ins Police Police Fire Police ?n nn :pLV.uv $35.27 $1.83 $37.10 $339.56 $276.58 $47.02 $47.02 $169.78 $271.64 $67.91 $140.96 $1,360.47 $93.73 $93.73 $200.00 $160.00 $360.00 Search Name IRK SEED & TURF SUPPLY E 01-4330-490-70 EQUIPMENT REPAIR SUPPLIES - PARKS Parks & Recreation $9.95 Search Name JRK SEED & TURF SUPPLY $9.95 Search Name KAT KEYS E 01-4330-215-70 E 08-4335-000-00 E 08-4335-000-00 Search Name KAT KEYS Search Name KLM ENGINEERING, INC G 01-2125 Search Name KLM ENGINEERING, INC Search Name L E L S G 01-2075 Search Name L E L S BLDG REPAIRS - PARKS BLDG REPAIRS - CITY HALL BLDG REPAIRS - CITY HALL VERIZON RETAINER 1►[611FA4u1147►.W1621101to] kin 711 bill Search Name LANDSCAPE ENHANCEMENTS SERVICE E 22-4460-765-00 SIBLEY MEMORIAL TRL PROJECT Search Name LANDSCAPE ENHANCEMENTS SERVICE Parks & Recreation Spec Fds Spec Fds Spec Fds $301.80 $27.20 $45.00 $374.00 $1,500.00 $1,500.00 $564.00 $564.00 $1,830.29 $1,830.29 E 13-4460-000-00 E 15-4305-060-60 E 01-4330-215-70 E 08-4335-000-00 E 01-4305-070-70 E 08-4335-000-00 E 01-4500-050-50 E 08-4335-000-00 Search Name MENARDS Search Name MENDOTA, CITY OF BLDG REPAIR SUPPLIES - 1189 BOURN LN Spec Fds OPERATING SUPPLIES - SEWER Utility Enterprise page 57 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Spec Fds OPERATING SUPPLIES - PARKS Page 6 Claims List Spec Fds TREE REMOVAL SUPPLIES SYSTEM CHECKS BLDG MAINT. SUPPLIES - CITY HALL Spec Fds 11/03/16 PAY QUARTERLY COPIER MAINT. - PW E 01-4330-490-50 Account Comments DEPT Descr Amount Search Name LAWSON PRODUCTS, INC E 01-4305-050-50 OPERATING SUPPLIES - SHOP Road & Bridges $62.42 E 01-4305-070-70 OPERATING SUPPLIES - SHOP Parks & Recreation $62.42 E 15-4305-060-60 OPERATING SUPPLIES - SHOP Utility Enterprise $62.42 Search Name LAWSON PRODUCTS, INC $187.26 Search Name LEAGUE MN CITIES G 01-1215 2015/2016 CITY MEMBERSHIP $6,767.32 E 01-4404-110-10 2015/2016 CITY MEMBERSHIP Administration $3,383.68 Search Name LEAGUE MN CITIES $10,151.00 Search Name LEGEND TECHNICAL SERVICES, INC E 13-4220-000-00 DEMOLITION SURVEY @ 1189 BOURN LN Spec Fds $1,542.54 Search Name LEGEND TECHNICAL SERVICES, INC $1,542.54 Search Name LOGIS E 01-4301-030-30 APPLICATION SUPPORT - FIRE DEPT Fire $59.00 E 01-4220-114-14 NETWORK SERVICE Info Tech $52.50 E 01-4223-020-20 APPLICATION SUPPORT - PD Police $2,451.00 Search Name LOGIS $2,562.50 Search Name M T I DISTRIBUTING COMPANY E 45-4334-045-45 WINTERIZE IRRIGATION - PAR3 Golf Course $690.80 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $168.52 Search Name M T I DISTRIBUTING COMPANY $859.32 Search Name MAZZITELLO, JOHN E 05-4415-105-15 MILEAGE - J. MAZZITELLO Engineering Enterpris $144.33 Search Name MAZZITELLO, JOHN $144.33 Search Name MENARDS E 13-4460-000-00 E 15-4305-060-60 E 01-4330-215-70 E 08-4335-000-00 E 01-4305-070-70 E 08-4335-000-00 E 01-4500-050-50 E 08-4335-000-00 Search Name MENARDS Search Name MENDOTA, CITY OF BLDG REPAIR SUPPLIES - 1189 BOURN LN Spec Fds OPERATING SUPPLIES - SEWER Utility Enterprise HOCKEY RINK MAINT. SUPPLIES Parks & Recreation BLDG MAINT. SUPPLIES - CITY HALL Spec Fds OPERATING SUPPLIES - PARKS Parks & Recreation BLDG MAINT. SUPPLIES - CITY HALL Spec Fds TREE REMOVAL SUPPLIES Road & Bridges BLDG MAINT. SUPPLIES - CITY HALL Spec Fds R 15-3400 3RD QTR SEWER BILLING Search Name MENDOTA, CITY OF Search Name METRO AREA MGMT ASSOCIATION E 01-4400-110-10 SEMINAR - M. MCNEILL Search Name METRO AREA MGMT ASSOCIATION Search Name METRO SALES E 15-4330-490-60 QUARTERLY COPIER MAINT. - PW E 01-4300-020-20 OFFICE SUPPLIES - PRINTER TONER E 01-4330-490-70 QUARTERLY COPIER MAINT. - PW E 01-4330-490-50 QUARTERLY COPIER MAINT. - PW Administration Utility Enterprise Police Parks & Recreation Road & Bridges $22.97 $9.99 $211.22 $26.35 $51.77 $12.99 $208.94 $20.75 $564.98 $655.20 $655.20 $20.00 $20.00 $34.63 $370.34 $34.63 $34.64 page 58 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Page 7 Claims List SYSTEM CHECKS 11103/15 PAY Account Comments DEPT Descr Amount E 01-4200-610-20 MONTHLY COPIER MAINT. - PD Police $375.40 E 01-4300-110-10 OFFICE SUPPLIES - PRINTER MAINT. KIT Administration $241.10 Search Name METRO SALES $1,090.74 Search Name MID NORTHERN SERVICES E 01-4335-310-50 LIGHTING REPAIRS - PW Road & Bridges $1,036.40 E 15-4335-310-60 LIGHTING REPAIRS - PW Utility Enterprise $186.66 E 01-4335-310-70 LIGHTING REPAIRS - PW Parks & Recreation $186.67 E 01-4335-310-50 LIGHTING REPAIRS - PW Road & Bridges $186.67 E 01-4330-420-50 TRAFFIC LIGHT REPAIRS Road & Bridges $140.00 E 15-4335-310-60 LIGHTING REPAIRS - PW Utility Enterprise $1,036.39 E 01-4335-310-70 LIGHTING REPAIRS - PW Parks & Recreation $1,036.40 Search Name MID NORTHERN SERVICES $3,809.19 Search Name MIDWEST GROUNDCOVER E 01-4330-215-70 PLAYGROUND MATERIALS Parks & Recreation $1,950.00 E 01-4330-215-70 PLAYGROUND MATERIALS Parks & Recreation $3,450.00 Search Name MIDWEST GROUNDCOVER $5,400.00 Search Name MIKES SHOE REPAIR INC E 01-4305-155-30 PROTECTIVE GEAR REPAIR - FIRE DEPT Fire $92.00 Search Name MIKES SHOE REPAIR INC $92.00 Search Name MN BENEFIT ASSN G 01-2071 NOV 2015 PREMIUM $15.79 Search Name MN BENEFIT ASSN $15.79 Search Name MN FIRE SERVICE CERTIFICATION E 01-4403-030-30 FF I CERT. EXAMS Fire $400.00 Search Name MN FIRE SERVICE CERTIFICATION $400.00 Search Name MN ST ADMIN ITG TELECOM SRVCE E 01-4210-030-30 AUG 2015 SERVICE Fire $95.73 Search Name MN ST ADMIN ITG TELECOM SRVCE $95.73 Search Name MNPEA G 01-2075 NOVEMBER 2015 UNION DUES $156.00 Search Name MNPEA $156.00 Search Name NATURE CALLS, INC E 01-4200-610-70 SEPT 2015 RENTALS - PARKS Parks & Recreation $892.50 E 45-4200-610-45 SEPT 2015 RENTALS - PAR3 Golf Course $63.59 G 45-2035 SEPT 2015 RENTALS - PAR3 -$4.09 Search Name NATURE CALLS, INC $952.00 Search Name NCPERS GROUP LIFE INS. G 01-2071 NOV 2015 PREMIUM $80.00 Search Name NCPERS GROUP LIFE INS. $80.00 Search Name NORTH PINE AGGREGATE, INC. E 29-4460-793-00 SOMERSET STORM WATER IMPROVEMEN Spec Fds $123,207.17 Search Name NORTH PINE AGGREGATE, INC. $123,207.17 Search Name NORTHERN TECHNOLOGIES, INC E 27-4220-791-00 VICTORIA RD SOUTH PROJECT Spec Fds $1,913.00 CITY OF MENDOTA HEIGHTS page 10/ 8/15 3:02 PM Page 8 Claims List SYSTEM CHECKS 11/03/15 PAY Account Comments DEPT Descr Amount Search Name NORTHERN TECHNOLOGIES, INC $1,913.00 Search Name NORTHLAND CHEMICAL E 15-4305-060-60 OPERATING SUPPLIES - PW E 01-4305-070-70 OPERATING SUPPLIES - PW E 01-4305-050-50 OPERATING SUPPLIES - PW Search Name NORTHLAND CHEMICAL Search Name OREILLY AUTO/FIRST CALL E 15-4330-490-60 EQUIPMENT MAINT. PARTS - SEWER E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER E 01-4305-050-50 OPERATING SUPPLIES - STREETS E 01-4330-490-70 EQUIPMENT MAINT. PARTS - PARKS E 01-4330-490-50 EQUIPMENT MAINT. PARTS - STREETS E 01-4330-440-20 EQUIPMENT MAINT. PARTS - PD E 01-4305-070-70 OPERATING SUPPLIES - SHOP E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL E 15-4305-060-60 OPERATING SUPPLIES - SHOP E 01-4305-070-70 OPERATING SUPPLIES - SHOP E 01-4305-050-50 OPERATING SUPPLIES - SHOP Search Name OREILLY AUTO/FIRST CALL Search Name PENTEL, RANDY E 01-4305-024-20 MEETING EXPENSE- PD RESERVES Search Name PENTEL, RANDY Search Name POSITIVE PROMOTIONS, INC E 01-4403-030-30 FIRE PREVENTION SUPPLIES Search Name POSITIVE PROMOTIONS, INC Search Name ROTARY CLUB WSP/MH E 01-4404-110-10 MEMBERSHIP DUES - M. MCNEILL Search Name ROTARY CLUB WSP/MH Search Name SAFE -FAST, INC. E 01-4305-050-50 E 01-4305-070-70 E 15-4305-060-60 E 01-4305-050-50 E 01-4305-050-50 Search Name SAFE -FAST, INC. Search Name SELECT ACCOUNT E 01-4220-080-80 E 01-4220-020-20 E 01-4220-070-70 E 05-4220-105-15 E 15-4220-060-60 E 01-4220-110-10 E 01-4220-050-50 Search Name SELECT ACCOUNT Search Name SPRWS SAFETY SUPPLIES - PW SAFETY SUPPLIES - PW SAFETY SUPPLIES - PW SAFETY SUPPLIES - STREETS SAFETY SUPPLIES - STREETS OCT 2015 HSA PARTICIPANT FEE OCT 2015 HSA PARTICIPANT FEE OCT 2015 HSA PARTICIPANT FEE OCT 2015 HSA PARTICIPANT FEE OCT 2015 HSA PARTICIPANT FEE OCT 2015 HSA PARTICIPANT FEE OCT 2015 HSA PARTICIPANT FEE Utility Enterprise Parks & Recreation Road & Bridges Utility Enterprise Utility Enterprise Road & Bridges Parks & Recreation Road & Bridges Police Parks & Recreation Spec Fds Utility Enterprise Parks & Recreation Road & Bridges Police Fire Administration Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Road & Bridges Planning Police Parks & Recreation Engineering Enterpris Utility Enterprise Administration Road & Bridges E 01-4425-070-70 OCT 2015 SERVICE - PARKS Parks & Recreation E 01-4425-070-70 OCT 2015 SERVICE - PARKS Parks & Recreation $24.74 $24.75 $24.75 $74.24 $13.32 $135.55 $47.76 $13.32 $13.32 $323.88 $27.48 -$10.99 -$7.98 -$7.99 -$7.99 $539.68 $157.57 $157.57 $1,659.88 $1,659.88 $35.00 $35.00 $148.65 $148.65 $148.65 $42.00 $31.95 $519.90 $2.11 $16.84 $1.20 $5.42 $2.11 $11.13 $3.31 $42.12 $609.75 $719.58 page 60 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Page 9 Claims List SYSTEM CHECKS 11/03/15 PAY Account Comments DEPT Descr Amount Search Name SPRWS $1,329.33 Search Name STANTEC CONSULTING SERVICES E 01-4220-135-80 PLANNING ASSISTANCE Planning $301.50 E 21-4220-000-00 INDUSTRIAL DEV. PLAN Spec Fds $1,986.75 Search Name STANTEC CONSULTING SERVICES $2,288.25 Search Name SUMMIT COMPANIES E 45-4335-045-45 FIRE SPRINKLER REPAIRS - PAR3 Golf Course $536.00 Search Name SUMMIT COMPANIES $536.00 Search Name SUN LIFE E 01-4131-110-10 NOV 2015 LIFE AND DISB INS. PREMIUM Administration $292.88 G 01-2071 NOV 2015 LIFE AND DISB INS. PREMIUM $1,347.76 E 15-4131-060-60 NOV 2015 LIFE AND DISB INS. PREMIUM Utility Enterprise $90.79 E 08-4131-000-00 NOV 2015 LIFE AND DISB INS. PREMIUM Spec Fds $85.15 E 05-4131-105-15 NOV 2015 LIFE AND DISB INS. PREMIUM Engineering Enterpris $118.88 E 01-4131-070-70 NOV 2015 LIFE AND DISB INS. PREMIUM Parks & Recreation $217.49 E 01-4131-020-20 NOV 2015 LIFE AND DISB INS. PREMIUM Police $496.39 E 01-4131-050-50 NOV 2015 LIFE AND DISB INS. PREMIUM Road & Bridges $279.07 Search Name SUN LIFE $2,928.41 Search Name TOTAL CONSTRUCTION E 01-4200-610-70 EQUIPMENT RENTAL - PARKS Parks & Recreation $200.00 Search Name TOTAL CONSTRUCTION $200.00 Search Name TRI STATE BOBCAT E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $229.95 E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $106.97 Search Name TRI STATE BOBCAT $336.92 Search Name TRIANGLE RUBBISH & RECYCLING E 01-4280-315-30 SEPT 2015 SERVICE - FIRE HALL Fire $53.10 Search Name TRIANGLE RUBBISH & RECYCLING $53.10 Search Name U. S. BANK E 01-4400-080-80 SEMINAR REGISTRATION - N. WALL Planning $110.00 E 01-4400-114-14 SEMINAR REGISTRATION - S. DONOVAN Info Tech $375.00 E 01-4400-114-14 SEMINAR REGISTRATION - S. DONOVAN Info Tech $50.00 E 05-4400-105-15 CONE REGISTRATION - J. MAZZITELLO Engineering Enterpris $245.00 E 01-4490-030-30 MEETING SUPPLIES - FIRE DEPT Fire $64.11 E 01-4305-024-20 OPERATING SUPPLIES - PD Police $141.50 E 01-4435-200-70 SENIOR PROGRAMS SUPPLIES Parks & Recreation $10.48 E 01-4400-110-10 TRAVEL EXPENSE - H. GALIOV Administration $231.94 E 01-4400-020-20 CONE. REGISTRATION - D. URMANN Police $75.00 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $25.00 E 01-4400-070-70 CONF. REGISTRATION - S. WALLGREN Parks & Recreation $245.00 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $369.03 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $30.96 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $23.43 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $15.19 E 01-4400-020-20 TRAVEL EXPENSE - CH. WILLSON Police $25.00 E 01-4403-030-30 TRAINING SUPPLIES - FIRE DEPT Fire $300.36 Search Name U. S. BANK $2,337.00 page 61 CITY OF MENDOTA HEIGHTS 10/28/15 3:02 PM Page 10 Claims List SYSTEM CHECKS 11/03/15 PAY Account Comments DEPT Descr Amount Search Name ULINE E 01-4300-020-20 OFFICE SUPPLIES - PD Police $99.16 Search Name ULINE $99.16 Search Name ZEP VEHICLE CARE, INC. E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Fire $195.34 Search Name ZEP VEHICLE CARE, INC. $195.34 Search Name ZEROREZ E 08-4335-000-00 CARPET CLEANING - PD Spec Fds $512.90 Search Name ZEROREZ $512.90 $254,263.25 2015 Licensing List for City Council Type Contractor Name Genera/ HVAC Ohana Construction, Inc Performance Pool & Spa, Inc Veit & Company, Inc 7 Metro Heating & Air Conditioning, LLC Architect Mechanical, Inc Hoffman Refrigeration & Heating LBP Mechanical, Inc Valmer Mechanical page 62 Thursday, October 29, 2015 Page I of I page 63 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com Of { CITY OF Mj MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Public Hearing — Vacation of a Portion of the Perron Road Right -of -Way BACKGROUND 2401 Pilot Knob Road has a purchase agreement signed. During the title investigation for the closing on the property, it was discovered that a small portion of the parking lot encroaches into the Perron Road Right -of -Way on the north side of the property. A small portion of the Right -of -Way will need to be vacated in order to clean up the title for closing. The property is scheduled to close on November 6th Staff has researched the undeveloped, remnant, full -width right-of-way that exists between Pilot Knob Road and Trunk Highway 13. The portion proposed to be vacated is approximately 3,300 square feet and is only utilized by the 2401 Pilot Knob Road property. The portion proposed for vacation is described as: All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. The City has no utilities located within the right- of-way proposed for vacation, and would retain a 60 -foot wide Right -of -Way between the vacated portion and the property to the north; 40 -feet of which are shown in the attached survey sketch. The remaining 20 -feet of Right -of -Way width is within a roadway easement located on the property to the north. The requested vacation would result in the creation of non -conformity due to parking lot setback, but to maintain City controlled Right -of -Way width, this non -conformity is necessary given the existing conditions. As noted in the applicant's request, this non -conformity would be approved with the vacation Resolution that may be acted upon after the Public Hearing. The non -conformity would be a zero -foot parking lot setback from the property line. A condition of this non -conformity, which is included in the Resolution, would be that any substantial redevelopment or alteration of the site would require the owner to correct the non -conformity. The City Attorney approves of this course of action. In order for the City to vacate a right-of-way, a public hearing must be conducted. The attached Resolution, which can be voted on after the Public Hearing, would formally vacate the portion of the Perron Road Right-of-way west of Pilot Knob Road as described above. page 64 All impacted property owners were notified about the public hearing by published and mailed notice. BUDGET IMPACT Other than the staff time to process the vacation, there is no impact to the city budget. RECOMMENDATION Staff recommends that the City Council formally vacate the portion of the Perron Road right-of- way by adopting Resolution No. 2015-83, A RESOLUTION VACATING (A PORTION OF) STREET RIGHT-OF-WAY UPON A PETITION OF AN ABUTTING LANDOWNER. This action would require a 4/5 majority vote. page 65 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-83 RESOLUTION VACATING (A PORTION OF) STREET RIGHT-OF-WAY UPON A PETITION OF AN ABUTTING LANDOWNER WHEREAS, a request signed by the property owners abutting the Perron Road Right - of -Way (a portion thereof) in Mendota Heights was received by the City clerk on the 29th day of September 2015; and WHEREAS, the petition requested by the City Council pursuant to Minnesota Statute §412.851 to vacate Perron Road (a portion thereof) between Pilot Knob Road (County State Aid Highway 31) and Trunk Highway 13 legally described as: All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. WHEREAS, the City Clerk has reviewed and examined the signature on said request and determined that such signatures constitute a landowner abutting upon the portion of Right -of - Way to be vacated; and WHEREAS, City staff has reviewed the right-of-way for current and future potential uses by the City and determined that there are no current uses and no apparent future uses of the requested portion of the right-of-way by the City; and WHEREAS, a public hearing to consider the vacation of such street was held on the 3rd day of November, 2015, before the City Council in the City Hall located at 1101 Victoria Curve at 8:00 pm after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the 15th day of October, 2015 and all interested and affected persons were given proper notice and an opportunity to voice their concerns and be heard; and WHEREAS, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and WHEREAS, the City Council in its discretion has determined that the vacation will benefit the public interest because it is not detrimental to the health, safety and welfare of the community. page 66 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MENDOTA HEIGHTS, COUNTY OF DAKOTA, MINNESOTA, that such petition for vacation is hereby granted and the (portion of) street described as follows is hereby vacated: All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. BE IT FURTHER RESOLVED, a parking lot setback non -conformity created by the right-of-way vacation to correct a right-of-way encroachment is hereby approved with the following condition: 1. The non -conformity may remain in place until such time as there is a complete redevelopment or other significant alteration to the site and/or facilities is made. Renovations, maintenance, and rebuilding after casualty, provided rebuilding occurs within twelve months after such casualty event, of the existing development shall not require the non -conformity to be corrected. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the City Council of the City of Mendota Heights this 3rd day of November, 2015. ATTEST BY Lorri Smith, City Clerk CITY COUNCIL CITY OF MENODTA HEIGHTS BY Sandra Krebsbach, Mayor September 30, 2015 John Mazzitello, Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 PHONEPMEff] 452-0003 FAx: (B51) 452-3382 www.mfcproperties.com Re: Joint Request for Vacation and Waivers for 2401 Pilot Knob Road, Mendota Heights, Minnesota Dear Mr. Mazzitello: As has been discussed with you, CM Properties 31, LLC (`Buyer") intends to acquire the commercial building, related improvements and real estate located at 2401 Pilot Knob Road, Mendota Heights, Minnesota (the "Property") from Burnsville -Dakota Business Center Associates, LLLP ("Seller"). During the course of Buyer's due diligence, Buyer and Seller became aware of a question as to the actual location of a portion of unimproved Perron Road that is shown on County and City that appears to cross into the parking lot on the Property (see Exhibit 1 attached). To resolve this matter and the attendant issues resulting therefrom, you have agreed to recommend the City Council for the City of Mendota Heights (the "City Council") at its meeting to occur on October 6, 2015 (the "First Meeting"): (a) vacate a portion of Perron Road, (b) permit the non -conformity to parking setbacks along the northern boundary of the improved portion of the Property, and (c) permit any remnant encroaching improvements that might remain in Perron Road after such vacation. Accordingly, Buyer and Seller jointly request that you recommend that the City Council preliminarily approve the following items at the First Meeting and direct that all necessary actions be taken to proceed to a public hearing to occur on November 3, 2015, to permit the City Council to adopt Resolutions on the same date immediately following the public hearing, approving: 1. The vacation of that portion of Perron Road identified on Dakota County and City of Mendota Heights maps lying South of the North 40 feet of the Property as more fully described and depicted on Exhibit 2 attached hereto, and that Perron Road, within the boundaries of the Property, is and shall be limited to the North 40 feet thereof. 2. The elimination of the ten (10) foot parking setback requirement along the southern boundary of Perron Road, as established by the vacation requested above, as a result of the non -conformity to the parking setback that exists at the Property, which shall be permitted to continue until the parking lot is significantly redesigned or the PROPERTY OWNERSHIP DEVELOPMENT PROPERTY MANAGEMENT BROKERAGE YANKEE SQUARE OFFICE 11 o 3470 WASHINGTON DRIVE 0 .SUITE 102 • EAGAN, MN 55122 page 68 September 30, 2015 Page - 2 - building footprint changes significantly as a result of redevelopment or reconstruction ("Second Resolution"). 3. The encroachment of any existing curbing or parking lot improvements into Perron Road that may continue to exist after the vacation of Perron Road, which shall be permitted until the parking lot is significantly redesigned or the building footprint significantly changes as a result of redevelopment or reconstruction ("Third Resolution"). It is also understood that upon Buyer's acquisition of the Property, the Buyer and the City shall enter into a License Agreement to pen -nit the connection of the existing driveway to the parking area within the boundaries of the Property that will remain subject to Perron Road (i.e., the North 40 feet thereof), and such License Agreement shall be in form satisfactory to Buyer and its counsel, provided the Resolution requested above is duly adopted. If you require any additional information to process this Request, please contact Bruce Miller at 651-452-3303 or by cell at 612-209-7213. Respectfully, CM PROPERTIES 31, LLC September 30, 2015 Page - 3 - Respectfully, page 69 BURNSVILLE-DAKOTA BUSINESS CENTER ASSOCIATES, LLLP By Gemini -Rosemont Realty LLC, its General Partner YW I r_)(es -3- page 70 uhEXHIBIT 1 ®R HIM= am to O N007554W 500.01 .......... RM > Z > ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > too co WON < -------- --------------------------- n 0 �g ............ M "I Pit ZEN" .......... r :7 .................... V PILOTi"'." A: COUN BEN j ORENP r— — — — — — — — — — — ro Ci o 'u• Mips— Up :Popp 11 01 2-1 on RigN 19 i I IN SIR, R I 511 1, Up. P A & !Ij .sg as WC Uzi Vi I I moq ARM F jM> 12 h INK min all Jul in M 1: R oil ;I oil 5 of 11GSrt I IMY if; 0 g! N MIZ juji 1"I NMI I Aim 110 ON P 1 jelf! v Has I I EXHIBIT 2 THE NORTH LINE OF GOVERNMENT LOT 2, SEC. 33, T. 28, R. 23 S89 56'18"E 349.05 PERRON ROAD (AS DEPICTED ON MNDOT RIGHT OF WAY PLAT UNIMPROVED PUBLIC RIGHT OF WAY --x PROPOSED VACA71ON AREA -THE SOU77-1 LINE OF THE NORTHERLY 40.00 FEET Q"\ 1—STORY BRICK BUILDING 2401 PILOT KNOB ROAD All that part of Perron Road located over, under and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40.00 feet thereof and which lies westerly of County State Aid Highway No. 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. (x i 0 60 SCALE IN FEET 1229 Tyler street HE, Sulte 188 PROPOSED VACATION DESCRIPTION MlnneapoUOHE.! 1nnesota55413 6-330 FOR PAX: (612) 466-3385 8 m MFC PROPERTIES CORPORATION Egan, Held & Nowak, Inc. ,WWW.EfHSU-- N tuna u,v,U,r, sin,a 1872 N DAK158 EFN PROJECT NO. 36448 nano 72 SHEET 1 OF 1 ALTA/ACSM LAND TITLE SURVEY FOR: ❑ THE NORTH LINE OF GOVERNMENT LOT G, SEC. 33, T. 28, R. 23— G G G -FLAGSTONE WALK ® c U)MFC PROPERTIES CORPORATION G I ss ss IP 1.42 NORTH OF CORNER-��, — — I 589'56'18"E 349. 05 OHW —ffl OHW OHW OHW W - LEGAL DESCRIPTION: N °w IG G G !—� DROP - �! ITEM 11 & 13 CURB' - PERRON ROAD --- I � V) N The North Five Hundred (500) feet of the East Three Hundred Forty-nine and four one -hundredths (349.04) feet of Government Lot Two (2), Section Thirty-three (33), Township Twenty-eight (28), Range Twenty-three (23), EXCEPTING i�� CONCRETE CURB - Q m T I� o A DEPICTED ON MNDOT RIGHT OF WAY PLAT , 79-93 � ` `� THEREFROM Parcel 46H on the plat designated as Minnesota Department of Transportation Right of Way Plat No. � 19-93, and subject to State Aid Road 31 and Perron Road according to the Government Survey thereof. a. UNIMPROVED PUBLIC RIGHT OF WAY � ------- 60 ------ � - --- 60 ____-- CALL BOX0 N CONCRETE CURB 3 ,—PROPOSED NEW SOUTHERLY ROW LINE OF PERRON ROAD \�� I (Torrens property, Certificate of Title No. ___________) 7'28'0 " N E R NOTES: O 3 0 6 0 9 0 —EXlST1NG SOUTHERLY ROW LINE OF 27.03 PERRON ROAD v AS DEPICTED UPON A VAILABLE MAPS — A -- 33 -- 1. The orientation of this bearing system is based on the Dakota County coordinate grid (NAD 83-96 Adj.). � PROPOSED PERRON ROAD VACATION — � � � SCALE IN FEET o 2. The total area of the property described hereon is 162,597 square feet or 3.7327 acres. - < _ 3. The legal description and easement information used in the preparation of this survey is based on the CUR,6 Commitment for Title Insurance prepared by First American Title Insurance Company, Commitment No. SET IRON MONUMENT MARKED U11 NCS-744172-MPLS, revision #5 dated October 16, 2015 at 7:30 am. WITH LICENSE NUMBER 44123 SUPPORT oQJQROP:: oQ � � 4. Existing utilities, services and underground structures shown hereon were located either physically, from existing • FOUND IRON MONUMENT w OVERHANG iPILLAR o�CURB o� _ records made available to us, by resident testimony, or by locations provided by Gopher State One Call, per Ticket No. ® FOUND PK NAIL (TYP) (TYP) �o -°:' -�and 1 321 71 548. However, lacking excavation, the exact location of underground features cannot be accurately, completely reliably depicted. Where additional or more detailed information is required, the client is advised that excavation OVERHANGGI'� 1 - �may be necessary. Other utilities and services may be present and verification and location of all utilities and services ( I �\ ��' should be obtained from the owners of the respective utilities prior to any design, planning or excavation. LEGEND - - - - - - - - - - - - - - - - - - - - - - - - - - - - 178.2--------------------TYP)----rt--- I � �' � 5. According to a Zoning Letter prepared by Commercial Due Diligence Services dated October 13, 2015 the subject �0` L �� property is Zoned I (Industrial) and the current use as office Warehouse is a permitted use by right. The subject property is legal non -conforming in respect to conformance with current zoning ordinances and regulations and there SAN MHQ GANITARY MANHC)I F w DROOF RAIN LI /i do not appear to be any outstanding / open zoning or building code violations that apply to the subject property. MHO MANHC)I F • �' \ O 6. The property described hereon lies within Flood Zone X (areas determined to be outside of the 0.2% annual chance STM MH Q GTnRM MANHOI F \ I i floodplain) per Federal Insurance Rate Map No. 27037 C 0081 E, dated December 2, 2011. ®OR® CATCH RAI -,IN \ I \ I II �} Al ITC) SPRINKI FIR N i �' ° V 7. As of the date of this survey the property described hereon contains a total of 119 parking spaces of which 117 are standard spaces and 2 handicapped. ® 'ATF VAI VF HYDRANT _ \ "� O 0 8. As of the date of this survey there is no observable evidence of current earth moving work, building construction ® FI FCTRIC MFTFR w I 0 or building additions on the property described hereon. m FI F( -TRI( -ROY 0� LIQ � Z 9. As of the date of this survey there is no observable evidence that the property described hereon is being used as IJTII ITY POI F I \ �0 a solid waste dump, sump or sanitary landfill. E— CITY WIRE Q CTAS MFTFR N \ I \ I DR O Q 10. Pursuant to the U.S. Fish & Wildlife Service, National Wetlands Inventory there are no wetlands situated on I IN o �y subject property. FO FIRER C)PTIC SIGN 0 I V� ICN N \ I w• SURVEY ITEMS PER SCHEDULE B: O, HANnICAPPFn PARKING SPACE �\ \ ' \ 69.8 \\\ \' Wim; = HC HANnICAPPFn PARKING SIGN • G I � I ow I �•I°° pM J (15) PARKING CC)IINT S GANITARY SFWFRI O I \ I I M QQ ITEM 11: Right of way for County Road 31 (Pilot Knob Road), shown by recital on the Certificate of Title for the land, shown on that ALTA/ACSM Land Title Survey by Egan, Field &Nowak, Inc. dated I N and as certain prepared SS GTC)RM SFWFR N I I = o O October 7, 2015, as Job. No. 36448. W WATFRMAIN p J I \ I N N NOTE: The following documents relating to County Road 31 (Pilot Knob Road) are listed as memorials on the E IINnFRCRC)IINn FI FCTRIC z O I ROOF ~ Z 0 Certificate of Title for the Land but now appear to be outside the boundaries of the Land: OHW C)VFRHFAn WIRF G IINnFRCROIINn CAS O Z Q O W g Lf)I I \ I DRAIN I I (7 U Q ~ (a) Minnesota Department of transportation Right of Way Plat No. 19-93; and BITUMINOUS SURFACE O o O W • I I m X m Q � U I'-' r� (b) Final certificate by the State of Minnesota, recorded September 26, 1995, as Document No. 325749 Lu > O I I v N O m w 3z CONCRETE SURFACE LC O coo LL \ I acs \ i i -W' N = Q D v N } kw w v w om O �Z �,; o `I• Z Ld01: a < I N ITEM 12: Right of way for Perron Road, shown by recital on the Certificate of Title for the land, as said road is Of \ �a o d' 0 3 Z �� presently laid out and traveled. Q N CQ W • O w w m� w w - , Nv`3 _s am ��, I�° ' � z 0 W a �� l(i (n p O As affected by Resolution dated ________________- 2015, recorded _________________, 2015 as 0 0 j 1 -STORY BRICK°° .. N d' • w Document No. __________. © STORM MANHOLE o �o 9.. I "� sQ SANITARY MANHOLE J Jo I B U I L D N G „� cc a N z � w E E E 2401 PILOT KNOB ROAD I \ I L0 J �. d• • w I ® aZ BUILDING FOOTPRINT j Q U Q O W i NZ AREA=48,853 SO. FT. � N o _ \ WJ I QUJ LL. O w v I G N I I 3 LL1 Z o •I I I n _J W _JQ J v I \ F 1 /I w ENTERPRISE STEPS LANDING I OSEEL l �~ DRIVE & I 0 - / W w • 57.1 I I \ .:� • I C _ // / � �� �� l \ \ / / � ////, STM MH I i � 0 ROOF ` DRAIN w I I am 0: o j •'ov H LI � Os P Je( R 35E I s 5\P 13 MSS � iJ 3 i 55 4 i 0 Pike Island w • \ ROOF I DRAIN D I I � - - - - - - - - - - - - - - - - 178.2 ------------------------ i--- LIJ 110 I .I, Snelling Lake `o -w\.. wz wz �� p pp,.: �o ..�'. •: N CERTIFICATION: To CM Properties 31, LLC, MFC Properties Corporation, MFC Investments, LLC, First American Title Insurance Company aRJe< e5ati N I o CURi3 and Minnesota Bank & Trust: 41 SITE Gun Club Lake o Rogers i ' ; pQe O�JQ' e\ V)This N is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Requirements for Title Loke ' �-� i- Minimum Standard Detail ALTA ACSM Land Surveys, jointly established and adopted b ALTA and q / Y j Y P Y D �5� CURB , - �, ___ w o NSPS, and includes Items 1, 2, 3, 4, 6(b), 7(a), 8, 9, 11(b), 13, 16, 17, 18 and 19 of Table A thereof. The field work was completed on October 7, 2015. U Y MendotaN Hei hts Road o d w I i SIGN Date of Plat or Map: October 26, 2015. 494 494 1 � CONCRETE CURB � 33 --- �� 13 a 35E 55 i _ ' i --------------------- ---- Brent R Peters E E E E E i E E E V) Minnesota License No. 44123 VICINITY MAP ° 0 33.00 0 WNER 289.04 P.I.D.LMONT 27-03,300-78-082 I C.\\ N89'56'18"W 89'56'18» NOT TO SCALE 'THE SOUTH LINE OF THE NORTH 500 FEET OF GOVERNMENT LOT 2, SEC. 33, T. 28, R. 23 FIELD BOOK PAGE FIELDWORK CHIEF: SW REVISIONS SURVEY FOR: PROPERTY ADDRESS: 1229 Tyler Street N�, Suite 100 2611 63 N0. DATE DESCRIPTION 2588 63 MFC PROPERTIES CORPORATION 2401 Pilot Knob Road Minneapolis, Minnesota 55413 PHONE: (612) 466-3300 DRAWN BY: PMD 1 10-26-15 Updated Title ZoningALTA/ACSM kaf XX XX XXXXX XXXXX XXXX XXXX DRAWING NAME: 36448—ALTA.dwq LAND TITLE SURVEY Mendota Heights, Minnesota 55120 FAX: (612)466-3383 6-3 COM 'Egan, Field &Nowak, Inc.. CHECKED XX XXXXX XXXX JOB 36448 BY: COPYRIGHT© 2015 B EGAN, FIELD & NOWAK, INC. Y FILE NO. DAK 158 BRP Land surveyors since 1872 XX XXXXX XXXX SHEET 1 OF 1 page 73 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-77 RESOLUTION CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION STARTED BY A PETITION OF AN ABUTTING LANDOWNER WHEREAS, a request signed by the property owners abutting the Perron Road Right - of -Way (a portion thereof) in Mendota Heights was received by the City clerk on the 291, day of September 2015; and WHEREAS, the petition requested by the City Council pursuant to Minnesota Statute §412.851 to vacate Perron Road (a portion thereof) between Pilot Knob Road (County State Aid Highway 31) and Trunk Highway 13 legally described as: All that part of Perron Road located over, tinder and across the North 500.00 feet of the East 349.04 feet of Government Lot 2, Section 33, Township 28, Range 23; which lies southerly of the northerly 40. 00feet thereof and which lies westerly of County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesota Department of Transportation Right of Way Plat No. 19-93. WHEREAS, the City Clerk has reviewed and examined the signature on said request and determined that such signatures constitute a landowner abutting upon the portion of Right -of - Way to be vacated. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council will consider the vacation of such Right -of -Way and a public hearing shall be held on such proposed vacation on the 3rd day of November, 2015, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 8:00 p.m. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this 6t" day of October, 2015. ATTES Lorri Smith, City Clerk CITY COUNCIL CITY OF ME, NOOTA HEIGHTS andra Krebsbach ayor Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy Is not guaranteed. This is oat a legal document and should not be substituted fnc a tide Map Scale sea.rch,apprarsaf, survey, ar far coning—dftcati— Dakota County assumes no fegaf—ponsibi(ity for the information contarned in this data. 1 inch = 31 feet 9/29,12015 Page 1 of 1 page 74 http://gis.co.dakota.mn.uslDCGISiWebFormsIPrint.aspx?img=http:Hgis.co.dakota.mn.usIContentlDCGISMaps/_ags_833 fdc9d.j ... 9/29/2015 page 75 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1651.452.8940 fax www.rrendota-heights.com s CITY OF MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: 2015 Bond Issue BACKGROUND At the October 6, 2015 City Council meeting, the Council authorized the public sale of $1,205,000 General Obligation Improvement Bonds and $1,560,000 and $2,045,000 General Obligation Refunding Bonds. The issue will be financing the second phase of the Victoria Road street project. A conference call with rating agency Standard & Poor's on October 21, 2015 reaffirmed the City's AAA bond rating. The bond sale proposal opening will be held on November 3, 2015; the results of the opening will be presented that evening at the Council meeting. The Council will take action on the sale at the November 3, 2015 council meeting. A representative from Ehlers and Associates will be present to present a tabulation of the bids received. BUDGET IMPACT The bonds will be paid with a combination of special assessments and an amount levied each year for the annual bond payments. RECOMMENDATION Staff recommend that council pass a motion to adopting: Resolution 2015- 85 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,205,000 GENERAL OBLIGATION BONDS, SERIES 2015A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF, Resolution 2015-86 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,560,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B AND PLEDGING FOR THE SECURITY THEREOF LEVYING A TAX FOR THE PAYMENT THEREOF and Resolution 2015-87 RESOLUTION PROVIDING FOR THE ISSUANCE AND SAf'f-9e)f6 $2,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF page 77 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: November 3, 2015 Pursuant to due call, a regular or special meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall on November 3, 2015, at 8:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $1,205,000 General Obligation Bonds, Series 2015A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-85 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,205,000 GENERAL OBLIGATION BONDS, SERIES 2015A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $1,205,000 General Obligation Bonds, Series 2015A (the 'Bonds" or individually a 'Bond"), pursuant to Minnesota Statutes, Chapter 475 and 429 and Section 412.301, to finance the construction of various public improvements within the City (the "Improvements"), in the amount of $ (the "Improvement Portion of the Bonds") and to finance the purchase of capital equipment for the City (the "Equipment") in the amount of $ (the 'Equipment Portion of the Bonds"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, each item of Equipment to be financed by the Equipment Portion of the Bonds has an expected useful life at least as long as the term of the Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one- quarter of one percent (0.25%) of the estimated market value of the taxable property in the City ($ times 0.25% is $ ); and D. 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 page 78 E. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 10:00 A.M., this same day pursuant to the Preliminary Official Statement; and F. 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 Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the purchaser and to forthwith return to the unsuccessful bidder and any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated November 24, 2015, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year 2017 $ 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 Amount All dates are inclusive. 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) Allocation. The Improvement Portion of the Bonds, being the aggregate principal amount of $ , maturing in each of the years and amounts hereinafter set forth, is page 79 issued to finance the Improvements. The Equipment Portion of the Bonds, being the aggregate principal amount of $ , maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. Year 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Improvement Portion Amount Equipment Portion (Amount Total Amount If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is special assessments pledged to and taxes levied for the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. If the source of a prepayment is taxes levied for the Equipment, the prepayment shall be allocated to the Equipment Portion of debt service. (c) Book Entry Only 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 page 80 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. 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"). 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. page 81 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 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. (d) 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. page 82 (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. 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. (e) 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 Improvement Portion of the Bonds shall provide funds to finance the construction of the Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition of the Equipment. The Improvements and Equipment are herein referred to together as the Project. The total cost of the Project, 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. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2016, 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 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Interest Rate Maturity 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Interest Rate page 83 5. Redemption. All Bonds maturing on February 1, 2025, and thereafter, are subject to redemption on February 1, 2024, 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 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. page 84 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: 11 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS 911 GENERAL OBLIGATION BOND, SERIES 2015A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, November 24, 2015 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, 2016, 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, 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, page 85 premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2025, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2024, 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 $1,205,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on November 3, 2015 (the "Resolution"), for the purpose of providing money to finance various projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2015A 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. page 86 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 Obli_ag tion. 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 page 87 its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Trust Services Corporation Roseville, Minnesota, Bond Registrar By: Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk I_1:1.19OLVAWINICOOK 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 and does hereby irrevocably constitute and appoint Bond on the books kept for the registration thereof, premises. Dated: the within Bond attorney to transfer the with full power of substitution in the 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- I5(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.) page 89 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder page 90 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, which date is November 24, 2015. 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. page 91 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2015A 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 in the page 92 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. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the Council to the Debt Service Account. (b) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Improvements Debt Service Subaccount", and the "Equipment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvements Debt Service Subaccount. To the Improvements Debt Service Subaccount there shall be credited: (A) 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, (B) any collections of all taxes which herein or hereafter levied for the payment of the principal and interest on the Improvement Portion of the Bonds; (C) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, (D) capitalized interest in the amount of $ , (E) all investment earnings on funds held in the Improvements Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvements Debt Service Subaccount. The Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law (ii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (B) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (C) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the page 93 Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Equipment Portion of the Bonds. 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 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. Covenants Relating to the Improvement Portion of the Bonds. (a) Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rates per annum shown opposite their collection years specified below: page 94 Improvement Designations Lever Collection Years Rate Amount 20-20 20-20 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. (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Portion of 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: Year of Tax Levv 20 -20 Year of Tax Collection 20 -20 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 Improvement Portion 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 Improvement Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the Equipment Portion of the Bonds. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Lev v Years of Tax Collection Amount See attached levy schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion 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 Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. page 95 18. General Obligation Pledgee. 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. 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. 20. 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 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 page 96 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. 21. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed in the office of the County Auditor of Dakota County, 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 Bond Register and the tax levies required by law have 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 to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual 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 amendment. page 97 (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 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 (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); (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 page 98 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 2015 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2015 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. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Beaton 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. page 99 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $1,205,000 General Obligation Bonds, Series 2015A. WITNESS my hand on November 3, 2015. Clerk page 100 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] page 101 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF DAKOTA AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on November 3, 2015 by the City Council of the City of Mendota Heights, Minnesota, authorizing the issuance of $1,205,000 General Obligation Bonds, Series 2015A (the "Bonds"), and levying a tax for the payment thereof, together with full information regarding the Bonds for which the tax was levied; the Bonds have been entered in my Bond Register; and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on , 2015. Dakota County Auditor (SEAL) 7289428v1 page 102 page 103 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: November 3, 2015 Pursuant to due call, a regular or special meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall on November 3, 2015, at 8:00 P.M. for the purpose, in part, of awarding the sale of $1,560,000 General Obligation Refunding Bonds, Series 2015B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-86 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,560,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B AND PLEDGING FOR THE SECURITY THEREOF LEVYING A TAX FOR THE PAYMENT THEREOF A. 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, 2016 (the "Call Date") of the City's outstanding $2,790,000 original principal amount of General Obligation Bonds, Series 2007A, dated June 27, 2007 (the "Prior Bonds"), which mature on and after February 1, 2017, in the principal amount of $1,515,000 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on June 5, 2007 (the "Prior Resolution"); and B. 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 C. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,560,000 General Obligation Refunding Bonds, Series 2015B (the "Bonds" or, individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and D. 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 page 104 E. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 10:00 A.M., this same day pursuant to the Preliminary Official Statement; and F. 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: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the purchaser 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 24, 2015, 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-1 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 All dates are inclusive. 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 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: page 105 (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. 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"). 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. page 106 (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a 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 page 107 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. 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; RefundingFindings. indings. 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, 2016, 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: page 108 Maturity Year Interest Rate 2017 % 2018 2019 2020 2021 2022 2023 5. No Optional Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Re ig stray. 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: UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS R- $ GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2015A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, November 24, 2015 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, without option of prior redemption, and to pay interest thereon page 109 semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2016, 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 the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Optional Redemption. All Bonds of this issue (the "Bonds") shall not be subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $2,045,000, 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 November 3, 2015 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Bonds, Series 2007A, dated June 27, 2007 which mature on and after February 1, 2017. This Bond is payable out of the General Obligation Refunding Bonds, Series 2015B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations page 110 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. page III IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. BOND TRUST SERVICES CORPORATION Roseville, Minnesota, Bond Registrar By: Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk page 112 ►_1:1.19OLVAWINICOOK 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.) page 113 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 24, 2015. 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. page 114 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 2015B Fund" (the "Fund") to page 115 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 are sufficient, together with other funds on deposit in the debt service funds for the Refunded Bonds, 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) all investment earnings on funds in the Debt Service Account; (iii) any taxes herein or hereafter levied for the payment of the Bonds; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 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. 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: Lever Collection Years Amount page 116 20-20 20-20 See attached schedule The tax levies are such that if collected in full they, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6 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. 17. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. Prior Bonds; Security and Prepayment. 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. 19. 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. 20. 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. 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 "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. page 117 (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 amendment. (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. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the 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. 24. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; page 118 (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); (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; Furthermore: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (f) the aggregate face amount of the Bonds does not exceed $5,000,000; (g) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; and (i) 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. 25. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2015 will not exceed $10,000,000; page 119 (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2015 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: (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 average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; (i) 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 0) 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. 26. 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. 27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. page 120 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. page 121 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $1,560,000 General Obligation Refunding Bonds, Series 2015B. WITNESS my hand on November 3, 2015. Clerk page 122 *114M0.10r_1 PROPOSALS [To be supplied by Ehlers & Associates, Inc.] page 123 I*114:110,1 I2 NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION BONDS, SERIES 2007A 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, 2016 those outstanding bonds of the City designated as General Obligation Bonds, Series 2007A, dated as of June 27, 2007, having stated maturity dates or subject to mandatory redemption in the years 2017 through 2023, inclusive, and totaling $1,515,000 in principal amount. Year CUSIP* 2018 586770 3E7 2020 586770 3G2 2023 586770 3K3 The bonds are being called at a price of par plus accrued interest to February 1, 2016, 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 the office of Bond Trust Services Corporation, Attention: Paying Agent Services, 3060 Centre Pointe Drive, Roseville, Minnesota 55113. Dated: November 3, 2015 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. page 124 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF DAKOTA AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, do hereby certify that on the date hereof, there was filed in my office a certified copy of a resolution adopted on November 3, 2015 by the City Council of the City of Mendota Heights, Minnesota, authorizing the issuance of $1,560,000 General Obligation Refunding Bonds, Series 2015B (the "Bonds"), and levying a tax for the payment thereof, together with full information regarding the Bonds for which the tax was levied; the Bonds have been entered in my Bond Register; and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on , 2015. County Auditor (SEAL) page 125 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: November 3, 2015 Pursuant to due call, a regular or special meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall on November 3, 2015, at 8:00 P.M. for the purpose, in part, of awarding the sale of $2,045,000 General Obligation Refunding Bonds, Series 2015C. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-87 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. 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, 2016 (the "Call Date") of the City's outstanding $3,200,000 original principal amount of General Obligation Improvement Bonds, Series 2008A, dated October 8, 2008 (the "Prior Bonds"), which mature on and after February 1, 2017, in the principal amount of $2,165,000 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on September 16, 2008 (the "Prior Resolution"); and B. 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 C. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $2,045,000 General Obligation Refunding Bonds, Series 2015C (the "Bonds" or, individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and D. 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 page 126 E. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 10:00 A.M., this same day pursuant to the Preliminary Official Statement; and F. 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: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the purchaser 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 24, 2015, 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-1 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 2027 2028 All dates are inclusive. 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). page 127 (b) Book Entry OnlySystem. 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"). (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 page 128 effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a 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. page 129 (c) Termination of Book -Entry OnlySystem. 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. 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, 2016, 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: page 130 Maturity Year Interest Rate 2017 % 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 1. Redemption. All Bonds maturing on February 1, 2025, and thereafter, are subject to redemption on February 1, 2024, 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 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 page 131 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. 2. Bond Re isg tray. 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. 3. 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: IM page 132 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2015A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, November 24, 2015 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, 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, 2016, 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 page 133 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, 2025, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2024, 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 $2,045,000, 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 November 3, 2015 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Improvement Bonds, Series 2008A, dated October 8, 2008 which mature on and after February 1, 2017. This Bond is payable out of the General Obligation Refunding Bonds, Series 2015C 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. page 134 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. page 135 IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. BOND TRUST SERVICES CORPORATION Roseville, Minnesota, Bond Registrar By: Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk page 136 ►_1:1.19OLVAWINICOOK 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.) page 137 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER page 138 4. 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. 5. 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 24, 2015. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 6. 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. page 139 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 2015C Fund" (the "Fund") to page 140 be administered and maintained by the Clerk 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 Clerk shall transfer $ of Bond Proceeds from the Payment Account to the paying agent for the Prior Bonds, which sum are sufficient, together with other funds on deposit in the debt service funds for the Refunded Bonds, 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 475.61, 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"). 12. 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, page 141 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 Collection Years Amount Rate Avenue 20-20 20-20 See attached schedule Evergreens Callahan 13. Tax Levy; Covera. 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: Levy Years 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. 14. 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. 15. Prior Bonds; Security and Prepayment. 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. 16. 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. page 142 17. 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. 18. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual 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 amendment. (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. 19. 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. 20. 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 page 143 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. 21. 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 (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); (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; Furthermore: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (f) the aggregate face amount of the Bonds does not exceed $5,000,000; (g) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; and (i) 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. page 144 22. 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 2015 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2015 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: (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 average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; (i) 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 0) 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. 23. 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 page 145 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. 24. 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. 25. 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. 26. 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. 27. 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. page 146 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $2,045,000 General Obligation Refunding Bonds, Series 2015C. WITNESS my hand on November 3, 2015. Clerk page 147 *:4M0.10r_1 PROPOSALS [To be supplied by Ehlers & Associates, Inc.] page 148 I*114:110,1 I2 NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A 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, 2016 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2008A, dated as of October 8, 2008, having stated maturity dates or subject to mandatory redcemption in the years 2017 through 2028, inclusive, and totaling $940,000 in principal amount. Year CUSIP* 2017 586770 4N6 2018 586770 4P1 2019 586770 4Q9 2020 586770 4R7 2022 586770 4T3 2024 586770 4V8 2026 586770 4X4 2028 586770 4Z9 The bonds are being called at a price of par plus accrued interest to February 1, 2016, 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 the office of Bond Trust Services Corporation, Attention: Paying Agent Services, 3060 Centre Pointe Drive, Roseville, Minnesota 55113. Dated: November 3, 2015 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. page 149 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF DAKOTA AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, do hereby certify that on the date hereof, there was filed in my office a certified copy of a resolution adopted on November 3, 2015 by the City Council of the City of Mendota Heights, Minnesota, authorizing the issuance of $2,045,000 General Obligation Refunding Bonds, Series 2015C (the "Bonds"), and levying a tax for the payment thereof, together with full information regarding the Bonds for which the tax was levied; the Bonds have been entered in my Bond Register; and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on , 2015. County Auditor (SEAL) Of DATE: TO: FROM: SUBJECT: BACKGROUND page 150 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com CITY OF MENDOTA HEIGHTS November 3, 2015 Mayor, City Council and City Administrator Nolan Wall, AICP Planner Resolution Approving Variance Request at 1440 Northland Drive The applicant, on behalf of the property owner and building tenant, is requesting a variance to erect a freestanding monument sign within the required property boundary line setback. Prime Therapeutics recently leased approximately 77,500 square feet of previously -vacant space within the existing buildings and is requesting the proposed sign. The Code requires a 10 -foot setback from the property boundary line for such a sign. Due to the existing conditions, the applicant is requesting a 2 -foot setback. However, the proposed sign would still be located approximately 22 feet from Northland Drive. Alternative locations were analyzed and were determined to be unreasonable or would require additional variances. The Planning Commission conducted a public hearing at the October 27 meeting; there were no public comments. BUDGETIMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the variance request, with conditions, as described in Planning Case 2015-38. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2015-84 APPROVING A VARIANCE AT 1440 NORTHLAND DRIVE. This matter requires a simple majority vote. page 151 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-84 RESOLUTION APPROVING A VARIANCE AT 1440 NORTHLAND DRIVE WHEREAS, Spectrum Sign Systems, Inc., on behalf of Crosswinds, LLC and Prime Therapeutics, LLC, has applied for a variance to erect a freestanding monument sign as proposed in Planning Case 2015-38 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 27, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the variance request as proposed in Planning Case 2015-38 is hereby approved based on the following findings of fact: 1. The proposed sign is a reasonable use of the property and meets the purpose and intent of the Code. 2. The proposed sign is located at the only ingress/egress to the subject parcel's surface parking lot and building entrance; strict interpretation of the setback standards would not allow the proposed sign in this location based on the existing conditions. 3. Based on the existing site conditions and analysis of other alternatives, the applicant has established practical difficulties due to unique circumstances in order to reasonably locate a freestanding monument sign in compliance with the required setbacks. 4. The proposed sign's location is over 20 feet from the road and does not interfere with the off-street trail, intersection site distances, or drainage and utility easements in the immediate area. 5. The proposed sign will not negatively impact the character of the surrounding area. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the variance request as proposed in Planning Case 2015-38 is hereby approved with the condition that a sign permit is obtained on behalf of the property owner and tenant. Adopted by the City Council of the City of Mendota Heights this third day of November, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 152 EXHIBIT A Legal Description —1440 Northland Drive PID: 27-36450-01-040 Inland Industrial Park Lot 4, Block 1 page 153 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.m endota-hei g hts.cnm CITY OF MENDOTA HEIGHTS DATE: October 27, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Height: Not be higher than 25' above the average grade Planner SUBJECT: Planning Case 2015-38 Freestanding Sign Setback Variance APPLICANT: Spectrum Sign Systems, on behalf of Robert Lindahl/Crosswind, LLC and NO Prime Therapeutics, LLC PROPERTY ADDRESS: 1440 Northland Drive ZONING/GUIDED: I-Industrial/I-Industrial ACTION DEADLINE: December 4, 2015 DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner and tenant, is seeking approval to permit the location of a freestanding monument sign within the required property boundary line setback at 1440 Northland Drive. BACKGROUND The property contains three separate office buildings connected by skyways on three parcels totaling approximately 16 acres. The buildings were historically occupied by a single user and identified by a single address, but are now occupied by multiple tenants at 1440 and 1444 Northland Drive. Prime Therapeutics recently leased approximately 77,500 square feet of previously -vacant space within the existing buildings and is requesting the proposed freestanding monument sign. A setback variance was granted in 2013 for a freestanding sign identifying tenants located at 1444 Northland Drive, which is the western -most is building on the property. At that time, the applicable setback was 40 feet and the approval granted a 20 -foot setback from the property boundary line along Northland Drive. The City subsequently passed Ordinance 453 which, among other provisions, amended the Code to reduce the setbacks for freestanding signs. ANALYSIS The following standards apply to freestanding signs in the Industrial District: Standard Proposed Compliant Number: One sign for any single lot 1 YES Height: Not be higher than 25' above the average grade 8'-3" YES level at the base of the sign Property Line Setback: 10' 2'-0" NO Driveway Setback: 5' 5'-0" YES Parking Area Setback: 5' 5'-0" min. YES Size: Gross area of any surface shall not exceed 100 SF 46.67 SF YES As proposed, the freestanding monument sign would be the only sign on the parcel and meJffl-ielf;�uired size, height, and driveway/parking area setback standards. However, a variance is required from the property boundary line setback standard. When considering the variance request in this case, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The applicant's request to construct a freestanding monument sign is a reasonable use of the property. The purpose and intent of such a sign is to provide a commercial property with identifying information for customers/visitors in a reasonable location without impeding visibility. The Northland Drive right-of-way is 80 feet wide and includes a paved off-street trail along the south side of the road. As a result, the expansive right-of-way and trail provide additional buffer space between the proposed sign and the road. While the proposed setback is two feet from the property boundary line, the sign would be located approximately 22 feet from Northland Drive. As a result, exiting vehicles should be stopped past the proposed sign while waiting to turn. Staff further analyzed the proposed sign's location and determined that appropriate visibility for vehicle turning movements onto Northland Drive from the subject parcel will be maintained based on the applicable intersection sight distance guidelines. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. The only ingress/egress to the parking lot serving the buildings at 1440 Northland Drive is located along the subject parcel's eastern property boundary line. In order to provide the appropriate identification signage, the proposed sign would have to be located in this area. The parking lot is elevated from the road and is supported by a retaining wall that is set -back approximately 10 feet from the property boundary line, which hinders the ability to locate a sign in this area complaint with the setback requirements. The majority of incoming traffic will most likely originate from the Northland Drive/Pilot Knob Road intersection to the east. As a result, moving the proposed sign farther west along Northland Drive past the driveway and retaining wall to potentially comply with the required setbacks would not provide adequate identification for the tenant. In addition, there are several coniferous trees in this area that may limit the sign's visibility. A sign located on top of the retaining wall would be out of scale for its intent and, according to the applicant, a sign cannot be affixed to the retaining wall since it's not engineered to support a structure. In addition to not meeting the tenant's needs, both alternatives would require a variance from the 5 -foot parking lot setback requirement. Based on the existing site conditions, the applicant has established practical difficulties in reasonably locating a freestanding monument sign on the subject parcel in compliance with the required property boundary line setback standard. Furthermore, the applicant has explored alternative locations that appear to be unreasonable due to the unique circumstances the existing conditions present. 3. The request will not alter the essential character of the locality. The immediate surrounding area is zoned Industrial and contains a mix of office and industrial uses; most of which have freestanding monument signs. The proposed sign's location will not negatively impact the character of the area. ALTERNATIVES page 155 1. Recommend approval of the variance request, based on the findings of fact, with the condition that a sign permit is obtained on behalf of the property owner and tenant. U14 2. Recommend denial of the variance request, based on the findings of fact that the proposed sign is not consistent with the City Code and will have a negative impact on the surrounding area. Wm 3. Table the request. STAFF RECOMMENDATION Staff recommends approval of the variance request based on the attached findings of fact, with conditions (Alternative #1). MATERIALS INCLUDED FOR REVIEW 1. Site map 2. Site photos 3. Applications, including supporting materials FINDINGS OF FACT FOR APPROVAL page 156 Variance Request for Freestanding Monument Sign 1440 Northland Drive The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed sign is a reasonable use of the property and meets the purpose and intent of the Code. 2. The proposed sign is located at the only ingress/egress to the subject parcel's surface parking lot and building entrance; strict interpretation of the setback standards would not allow the proposed sign in this location based on the existing conditions. 3. Based on the existing site conditions and analysis of other alternatives, the applicant has established practical difficulties due to unique circumstances in order to reasonably locate a freestanding monument sign in compliance with the required setbacks. 4. The proposed sign's location is over 20 feet from the road and does not interfere with the off- street trail, intersection site distances, or drainage and utility easements in the immediate area. 5. The proposed sign will not negatively impact the character of the surrounding area. page 157 Planning Case 2015-38 1440 Northland Drive 10/7/2015 0 225 SCALE IN FEET page 158 2B City of Mendota Heights ------------------------------------------------------ — ----------------------------------------------I--- ----------------------------------------------------------------j11 1494 �I I 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 159 Driveway Entrance .. n Proposed Sign Location page 160 Proposed Sign Location Eastbound Driveway Access Viewpoint page 161 page 162 SPECMUMV50GH SYSTEMS, 9278 Isanti Street NE Blaine, MN 55449 763-432-7447 OFFICt 763-208-9159 Fax www.spectrum-signs.com Custom Signs. Simple Solutions. October 5, 2015 City of Mendota Heights Attn: Planning and Zoning 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Intent 1440 Northland Drive. Dear Planning Department, Please find the enclosed required documents supporting the Variance Request for 1440 Northland Drive. Spectrum Sign Systems on behalf of the property owner Robert Lindahl and tenant Prime Therapeutics is requesting a variance for the setback of a monument sign at the North East entrance of the property. We are requesting a variance for a 2'-0" setback from the North Property Line. The reason for this variance is outlined in the Variance Application. Please let us know if you require any additional information. Sincerely, Rick A. Ferraro President page 163 CROSSWINAD, LLC 1444 Northland Drive #200, Mendota Heights, MN 55120 (Ph): 651-789-5901 (Fx): 651-789-5991 October 21, 2015 City of Mendota Heights Planning Department — Planning Commission 1101 Victoria Curve Mendota Heights, MN 55118 RE: Monument Signage — 1440 Northland Drive Location/Set-Back Variance Crosswind, LLC — Owner City of Mendota Heights — Planning Commission: Thank you for processing the application related to monument signage at 1440 Northland Drive (Crosswind Centre). As owner of this building and the Crosswind Centre campus, we are extremely excited about the upcoming occupancy of Prime Therapeutics at Crosswind Centre. We have an existing relationship with Prime and could not be more pleased with our expanded relationship at Crosswind Centre. The effort and expended resources of both owner and tenant with this project is significant, and the building and campus is being transformed as a result of this improvement project. Part of the success of this project, both from a tenant standpoint and a long term owner perspective, is signage, and in particular monument signage. Monument signage is not only a need but is imperative that we have street monument signage to not only allow building and tenant recognition, but to delineate proper access to the property and campus. It is also important to note that this proposed monument sign is being proposed in the same location as the previous monument sign dating back to Cray Research and Brown College occupancies. The newly proposed signage will be tastefully done and will be much improved and updated compared to the old signage. We appreciate your approving this request to help the long term success of the tenant and the Crosswind Centre campus. Thank you! Robert E. Lindahl, Manager Crosswind, LLC rl i nda h I(a-d a ng a rvi n. com Property Address/Street Location: 1440 .Northland Drive Applicant Name: Spectrum Sign Systems, Inc. Phone: 763-432-7447 Applicant E-Mail Address: mary@speetrum-signs.com. Applicant'Mailing Address: 0278 lsanti Street NE, Blaine, MN 55449 Property Owner Name: Crosswind LLC:- Dungarvin, Inc. phone: ss: Property. 'Owner Mailing Addre 1444'Northiand Drive,, Suite 200, Mendota Heights; MN ,55120 Legal Description & PIN of Property: (Complete Legal from Title`or Deed must be;,provided); SE 1/4 $E 1/4 Section 33-028-23 Lot and Block 4 - 1 / Parcel ID: 27=36450.01-040; Type of Request, O Rezoning ❑ Conditional Use Permit ❑ Interim Use Permit ,N Variance ❑ Wetlands Permit ❑ :Preliiminary/Final Plat Approval 13 Lot Split ❑ Critical Area Permit ❑ Comprehensive Pian Amendment Code Amendment O Appeal ❑ Other I hereby declare that all statements made in this request and on the additional materialare` true., 1 further authorize City Officials and agents to inspect the above propVty during daylight hours. Signature of Applicant Date' 41, Signatu f Owner Date Signature of Owner (if more than one) Date Planning Application (modified 7/9/2015) Page 1 of 1 page 165 VARIANCE CHECKLIST/QUESTIONNAIRE 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. A variance is a request to vary from the City of Mendota Heights zoning standards. Under Minnesota State Law, variances shall only be permitted when they are in harmony with the general purposes and intent of the zoning code and when consistent with the comprehensive plan. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique circumstances exist on the property which are not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the neighborhood. Please consider these requirements carefully before requesting a variance. 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 Y2 x 11. ® Any drawing in color — must submit 24 copies. The following materials must be submitted for the application to be considered complete: a; Fee, as included in Fee Schedule (check payable to City of Mendota Heights) P NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees l ° 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. Letter of Intent. Please complete the attached questions regarding your request. Variance Checklist/Questionnaire (modified 12/6/2013) Page 1 of 3 page 166 Please answer the following questions as they relate to the variance request. You may fill in this form or create your own. 1. In your opinion, does the proposal put the property to use in a reasonable manner? IN YES ❑ NO or why note The use of the property is in line with that of the surrounding area. The location of the sign will not impact the property usage. 2. Please describe the circumstances unique to the property (not created Dy you). The multiple grade changes of the property make it unique. The East end of the parking surface is elevated from the road, a retaining wall supports the change in grade. The required retaining wall is located at the required minimum setback of 10'-0". The retaining prohibits the ability to install a monument sign at the required setback. A sign cannot be placed on the retaining wall as the retaining wall is not engineered to support a structure. 3. In your opinion, will the variance, if granted, fit with the character of the neighborhood? YES ❑ NO Why or wnot? The character of this particular property is industrial / commercial. The request of decreasing the setback will not impact this character. It will be designed to enhance the property and add to the aesthetic quality of the property and surrounding area. The Planning Commission must make an affirmative finding on an or the criteria ►►stea above in order to grant a variance. The applicant. for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. Variance Checklist/Questionnaire (modffied 12/6/2013) Page 2 of 3 •iia sJa a ALTA/ACSM LAND TITLE SURVIY SCALE; 1"-50' I NTERSI TE HIGHWAY 494 PUBLIC HIGHWAY 1130 ACCESS R#`W 240' MARIA@Lff — _— T�-- GEAWE5 sro"m 3ElEo LINE NORTH AWRICAN SURVEY$ 1110 UNIVJM1TY J.VE FRIDPWR MIN 55432 7611-5m-0579 iJDfJh9FE$ CA TCN ,BASUN 6 D0011rE$ SrO W MANHOLE r---- — Df'NaTFS SANITARY SEIL-Iq L fAt o DEA43YES SAdflTARY Iv (t d ; I IAEMO FF3 WA TER I INE a DEJVO FES HYDRANT DENOTES GAY YALWr DE)IIDFES OVERNEAD LJMT DEMFES SIGNS U; DEJt1;IFES Mrrwmm BOX - — DEMYES FOWEIT LIME �'•?• DENDTES POWA PCk.E DEAUTES CoKftlrF SLRFACE xraupr:lAAMPIPUrwVii�l 'Jug sar,rT!WwWrflw No !iR Me RINIP,t1'YI Al JI W' drrJll r,'- fr Z",& Twin Neww I. Merc� �� II�I<Qr lRe . ll4'a n41 r 11.1 hyll#,nU Al. ACOM 4 Opti inprJrr WiT FWv i 4eerm u apmndmr ur=rart rr+�1 J11irClwrpu± mp,ddrl#, 1r� surt+®r Ras hsr +rPCJd rC.nmr rvd +C �'Fl (rlri r. r b111 r iS 1ASCG d}w RJPel rP�f +lYSr6dY1 rM1L( Ui7dRlYR q ,l'i rprlrIl'INJ IhCMr TT Nd#@1t. rlCt ,� rnmP�llnt osis dRFII 15. Ia11 e,flair p f, W a41A, ff drlspN1,llf,l.. 0l d Ttr.11gelr IrI r11i f•,Yrr;l rJrad Ir,rLr-ta IMa. <,.rYPM, ! 1 JrG,fr1 e11 iia ow dal ¢ltPfl. dF d 1111110M W1110wr FIB" 4411 mr. Fr.R At rm, RJ•l 49 "Irr. t. P NA s -Loft 00" ■ t to 1111W }Rarer 1411114 1#, 1e CIF 464441 04 ed1QIW, Plim Ia[i[ICfM Y►�Pr7�141rr L4C'✓!T104. It 1ti•r' DICT 4r�[�Ir IF+Ti W 4 F 7°i wt{iJ4ae X441! n4 dldr taariTlpd SEC.33 T.26 R.W3 N < [ I, 1-41 1 I'll., lmmmmu��, PtlaL1C DACt+E NORTHLANO DRIVE page 167 1t xr4j,Wl-J&r ldP hhfN r BY FN le.. iFrI AU P4 4" aw "a! ,. ..._iia o�,Wl 0 -•. tr+ya4a hrr. rezi+J.rr rYrOww Ya1F<..drml�,i [ dr1 <drY,Pr eI:.gFYi. w g1 itP mrtnt"s DWEV;CAR Tut M944FrldIPr f .lrrgor r.pillrsi YfOF� I�d1 by 12 1 0 MO -1: a ry�ra Y®F nhliPpiYq!➢�Iz��i]IC.Y'.. ! 12 "MANY .R#YR� mrd df41ldrri e'en irw I+�M� 4+C.�a A�o°,�h a �e#P�wy I TY P Fl Wlnry IYNIW rlrl. Irrrnv 4i14.PQ' ei hrR wl"l. 1® �P4h Ir,dw a hCPla !n- F 1,r9'P� Jiwl,Frd Avn llrlr yo 1- i1 lItI v Ina., P. raRa44v+ art v a1.IdNh i1P ti4lai .1 tl, r I b •Mtl„ #YPkxn d,l11II' Miry rw `t'r 1G.. 141E BP 'ML4,F Irl... IJl.1F , Ml A, Ylltuff 1a, iwI i lit 'woo eQlklfl,l tis. 4r1,1 d h.r .nla ss-Yy ria orm" 1n 4q4 .' 4, ItlT, 1q, w,it +� 1M•ed} IPw 1 by P,4d'4 ,11<, ti� ?a+r+1 1r,1 TAtlr Yr dIV � d,Mgr�l I�1 .,ara>f sW llatvw, �� t1.ra. � •,l'RiPtl lop +nit r1Y4 PWN dInde 1I+U IIlrn q! ranu,d RiAwm1,T! we IM fi ,PP d.l &40 n►PII .I,.. Ia 1, IPIe i14a N M Iwuw mod u r..r,ri r. dr ar iPn a, tm l.Rr.1P a fig dRi it Yr,l+ ,.11F,gIFY d l„w d' +rFAiRrS' 4Yl,l I dP Mer dlrn i+l 9e 4Wi.t,Yq. grrgf�tl�'Mi a Ytif dir;aed,ly 141 dYlltYy n,G,h iitl�IFr ar3 a dXe•14„I i/ggtlil 4,h�rr45 s+ �`a iBP1. 1MM1' tfga rel,lr QPr.}X !al Mei Nth ell Pd,ry nYq-rl —PPm Ar ,M lPprarhM ir/1 IRWYr � grplYblw rtl r'eG,.`rJr } .+rP'e1,. Y tllrs 14' ter. � 1lPIi MPb1 aM gPr,rlr h rr t,.r t" ■ e -r P, .der ! RM N iP.l .o-eM dntY. drri frw rov Pr.4lie,1 dr,1 p,4P li `R++ iiia 1,rlX'leq�r gyP,l.I", 1ldw. dIR1°iX el,rr iiPl hl}hw l.PYp'�,f. Oal al ah11h•4q lrxlilii co FM q 40 ,l"dq dY. i,il l,fldi'PI 1ft Igcq I.ft P Iyhjd lraritlr ,61 AIM dm tlrrmrrl• 1:ft .Iiia. fdY f vm. WM1YrI,!gq e1wiA r. mow.,' a rlhd Iwmq IN, d 1. ~A a ldelq meati Ira dtla 140 IP- PJ 1,11 �ilgrr.r.1 1P 119 ow rd r•laI 010P—t. l.tlY'+il II,ar MK,h WrInI~Iw - rPgl.F riff MfPb 1r}q W�*I ara P r I 'tot M tri w— d6[! I d Y IM1 aifi'Qvo 11 M At. 11-441 MWYrn—,1q an` dL+JVdS.W d,1Al ihxl. I.r,aa' JItl1M�1j} anrl�h!•'itl iqy gam4rP h} iRViGW Pq 1i►7� .�4 1,.1g1gdltl Irwx.�.l�7,r.F.ti.ld.+h vW 77 cr 7fAd• d Piylriad did o I h r 71s1P.<rh iia Mw aRr,.',RY t•aaeral datlth'i, Pr} 14It s>i l vp 7a 1f' * a+ lllrl i,"I !lg1r P�P,.I 1RP s, 1FYo-+' 1aR`�i+r- 11Thrs1 r,. •,1 &" wit w1w a, 9'r'1N Obit , M. 1.r 1- art rt3rsrr• %AL Ywimiwna t lal.l■ � 59T, L. CTIAIt, Eva1m 42'9U 3 *r� of +,dmrl�4t 1rime Therapeutics Grade W1 99 2 1 11'-0" � 10,_0„ I I I 10'-6" Furnish and Install (1) 4'-0" x 10'-0" S/F LED Illuminated Monument Sign A. Routed Aluminum Face with 1/4" Acrylic Push Thru Graphics Finished PMS: #654 L3. Aluminum Pole Cover C. Routed Aluminum Face Backed with White Lexan and First Surface Perforated Black Vinyl D. Precast Cap E. Stone Base 2'-0" page 168 SPECTRUM SIGN SYSTEMS, INC 9278 Isanti St. NE Blaine, MN 55449 763.432.7447 oFr-i�c 763.208.9159 www.spectrum-signs.com Prime Theraigeutics Attn: Kim Gibson 1305 Corporate Center Drive Eagan, Minnesota 55121 612-777-5571 1440 Northland Drive Mendota Heights, MN 10-21-15 Patrick Woller Rick Ferraro This drawing is the exclusive property of Spectrum Sign Systems, Inc. It is not to be produced or duplicated without the written consent of Spectrum Sign Systems, Inc. Distribution of this drawing for the purpose of constructing the sign by anyone other than Spectrum Sign Systems,lnc.,is strictly prohibited. If such an event occurs Spectrum Sign Systemswill be reimbursed $1,000.00 per occurrence. Customer Approval Date 2«rime Theraaeutics 1992 DRIV E DRI -1 VE % 4 500C 9�E T 2' 0„A THE URV ` lam t BRU(WHI OR TPORA P Minimum oglEgn, — 5 "� -* SWI TQC AN e I io �� *rth 1440 NorthE -OA'LT I page 169 SPECTRUM SIGN SYSTEMS, INC 9278 Isanti St. NE Blaine, MN 55449 763.432.7447 oFr-i�c 763.208.9159 www.spectrum-signs.com N prime Therapeutics Attn: Kim Gibson 1305 Corporate Center Drive Eagan, Minnesota 55121 612-777-5571 1440 Northland Drive Mendota Heights, MN 10-21-15 Patrick Woller Rick Ferraro This drawing is the exclusive property of Spectrum Sign Systems, Inc. It is not to be produced or duplicated without the written consent of Spectrum Sign Systems, Inc. Distribution of this drawing for the purpose of constructing the sign by anyone other than Spectrum Sign Systems,lnc.,is strictly prohibited. If such an event occurs Spectrum Sign Systemswill be reimbursed $1,000.00 per occurrence. Customer Approval nate State of Minnesota I County of Da6ta page 170 Alf fidavit of Publication E. KITTY SUNDBERG ,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 SOUTH-WEST REVIEW , 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 printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 11TH day of OCTOBER 20 15 , 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: *ABCDEFG HIJ KLMN OPQRSTUV WXYZ *ABCDEFG HIJ KLMNOPQRSTUV WXYZ *abcdefgghijiftnopgrstuvwxyz Subscribed and sworn to before me on thi 12THday of OCTOBER 2015 11 1 BY: 4� TITLE LEGAL C ORDINATOR Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Public -Minnesota RATE INFORMATION � x ' My Commission Expires Jen 31, 2020 4F (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 page 171 Print Preview Planning Case 2D15-38 - Public Hearing Notice Mailing List Page 1 of 1 page 172 m- -4 -,--1 F.. k- -.-.r --. -.....z--4.--..1 Th;, ;- ....F - 1....-1 M1A-r, v--1 . http://gis. co.dakota.mn.uslDCGISIWebFonnsIPrint.aspx?img=http:Hgis.co.dakota.mn.us/C... 10/5/2015 273645000010273545002010 y 2505 NORTHLAND DR 1444 NORTHLAND DR V NORTHLANDDRIVE BUSINESS CENTER CROSSWIND LLC LLC 273645001030 271630001020 1440 NORTHLAND DR 2535 PILOT KNOB RD CROSSWIND LLC PILOT KNOB LLC 273645001040 271630001030 1440 NORTHLAND DR 2535 PILOT KNOB RD CROSSWIND LLC PILOT KNOB LLC 273645001022 271630001040 2515 NORTHLAND DR 2535 PILOT KNOB RD CREAT NORTHERN PROPERTY PILOT KNOB ,LLC DEVELOPMENT 273645001021 2716300021120 !!r 1450 NORTHLAND DR 1400 NORTHLAND DR SUN �N COUNTRY REAL ESTATE HOLDINGS ASSOCIATES LLC 271630002030 1408 NORTHLAND DR MILIPITAS-FLEMING ASSOCIATES m- -4 -,--1 F.. k- -.-.r --. -.....z--4.--..1 Th;, ;- ....F - 1....-1 M1A-r, v--1 . http://gis. co.dakota.mn.uslDCGISIWebFonnsIPrint.aspx?img=http:Hgis.co.dakota.mn.us/C... 10/5/2015 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com me CITY OF a< MENDOTA HEIGHTS DATE: November 3, 2015 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP • Planner SUBJECT: Metropolitan Council System Statement BACKGROUND The Metropolitan Council recently adopted Thrive MSP 2040 and updated regional system and policy plans, which includes transportation, regional parks, water resources, and housing. Accordingly, the Council issued system statements, as required by state statute, to show how the changes to the regional system plans affect Mendota Heights. The distribution of the system statement triggers the timeline for updating the Comprehensive Plan, which is due by December 31, 2018. Forecasts Mendota Heights is designated as "suburban" and the forecasts included in Thrive MSP 2040 are as follows: Source: Metropolitan Council The final forecasts were reduced based on comments from the City on the preliminary projections that were released in 2013. The forecasts are now better aligned with the City's existing and future land use issues and opportunities. Housing Policy The policy plan provides leadership and guidance on regional housing needs and challenges to support Thrive MSP 2040 and includes the regional and local need for low and moderate income housing. Mendota Heights' share of the region's need is 50 new units affordable to household's earning 80% of the area median income (AMI) or below, as shown in the table below: Affordable Housing Need At below 30% AMI Allocation for Mendota Heights 1' , AMI .1 • 1 Source: Metropolitan Council According to the Metropolitan Council, the minimum density for a multi -family development to incorporate affordable units is 6 units/acre. Therefore, approximately 9 acres of land should be guided for new higher density residential development on the updated Future Land Use Map in order to encourage the opportunity to meet the allocation. Staff feels that adequate land exists to meet this goal. Transportation Policy page 174 The policy plan is the metropolitan system plan for highways, transit, and aviation. The system statement summarizes significant changes to those systems and identifies regionally -significant transportation investments. The Comprehensive Plan must address roads, aviation, trails, transit, and freight systems. Potential impacts to Mendota Heights included in the policy are as follows: • There are four principal arterials located within Mendota Heights: I -35E, 1494, TH 55, and TH 110. The policy acknowledges the potential 1-494/Argenta Trail interchange, but indicates it is not funded for construction unless there are increased highway revenues. • The Current Revenue Scenario for funding metropolitan highways and transit systems includes the Robert Street Transitway, which is being studied for mode and alignment options. • The long term comprehensive plan for MSP International Airport will need to be reviewed once released by MAC. • The regional bicycle transportation network includes connections through Mendota Heights. Water Resources Policy The policy plan takes an integrated approach to water supply, water quality, and waste water issues. The Comprehensive Plan must address inflow/infiltration, describe wastewater service needs based on the forecasts, and include the Local Surface Water Management and Water Supply plans which are being updated by the Engineering Department. Regional Parks Policy The regional parks system includes 62 parks, preserves and special recreation areas, plus more than 340 miles of trails. Regional parks and trails within Mendota Heights that need to be addressed in the Comprehensive Plan include the following: • Fort Snelling State Park • Big Rivers Regional Trail • River to River Greenway Trail • Mendota -Lebanon Greenway Trail BUDGETIMPACT Staff anticipates beginning the comprehensive planning process in late 2016 and will be including budget requests for 2017 and 2018 to fund completion of the plan. RECOMMENDATION Staff recommends the Council review the System Statement and provide any comments or concerns that need to be raised to Metropolitan Council. 2 015 SYSTEM STATEMENT 4e i METROPOLITAN C 0 U N C I L page 176 2015 SYSTEM STATEMENT FOR CITY OF MENDOTA HEIGHTS System Statement Issue Date: September 17, 2015 Regional Development Plan Adoption In May 2014, the Metropolitan Council adopted Thrive MSP 2040. Following adoption of Thrive, the Council adopted the 2040 Transportation Policy Plan, the 2040 Regional Parks Policy Plan, the 2040 Water Resources Policy Plan, and the 2040 Housing Policy Plan. The Metropolitan Council is now issuing system statements pursuant to State statute. Receipt of this system statement and the metropolitan system plans triggers a community's obligation to review and, as necessary, amend its comprehensive plan within the next three years, by the end of 2018. The complete text of Thrive MSP 2040 as well as complete copies of the recently adopted metropolitan system and policy plans are available for viewing and downloading at http://www.metrocouncil.orp/Communities/Planning.aspx. Paper copies are available by calling the Council's Data Center at 651-602-1140. System Statement Definition Metropolitan system plans are long-range comprehensive plans for the regional systems — transit, highways, and airports; wastewater services; and parks and open space — along with the capital budgets for metropolitan wastewater services, transportation, and regional recreation open space. System statements explain the implications of metropolitan system plans for each individual community in the metropolitan area. They are intended to help communities prepare or update their comprehensive plan, as required by the Metropolitan Land Planning Act: Within nine months after receiving a system statement for an amendment to a metropolitan system plan, and within three years after receiving a system statement issued in conjunction with the decennial review required under section 473.864, subdivision 2, each affected local governmental unit shall review its comprehensive plan to determine if an amendment is necessary to ensure continued conformity with metropolitan system plans. If an amendment is necessary, the governmental unit shall prepare the amendment and submit it to the council for review. Local comprehensive plans, and amendments thereto, will be reviewed by the Council for conformance to metropolitan system plans, consistency with Council policies, and compatibility with adjacent and affected governmental units. Updated local comprehensive plans are due to the Council for review by December 31, 2018. What is in this System Statement The system statement includes information specific to your community, including: • your community designation or designation(s); • forecasted population, households, and employment through the year 2040; • guidance on appropriate densities to ensure that regional services and costly regional infrastructure can be provided as efficiently as possible. • affordable housing need allocation; Page - 1 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS INTRODUCTION page 177 In the following sections, this system statement contains an overview of each of the system plan updates and specific system changes that affect your community. The sections are: Transportation, including metropolitan highways, aviation, and transit Water Resources, including wastewater, surface water, and water supply planning Regional parks and trails Dispute Process If your community disagrees with elements of this system statement, or has any questions about this system statement, please contact your Sector Representative, Patrick Boylan, at 651-602-1438, to review and discuss potential issues or concerns. The Council and local government units and districts have usually resolved issues relating to the system statement through discussion. Request for Hearing If a local governmental unit and the Council are unable to resolve disagreements over the content of a system statement, the unit or district may, by resolution, request that a hearing be conducted by the Council's Land Use Advisory Committee or by the State Office of Administrative Hearings for the purpose of considering amendments to the system statement. According to Minnesota Statutes section 473.857, the request shall be made by the local governmental unit or school district within 60 days after receipt of the system statement. If no request for a hearing is received by the Council within 60 days, the statement becomes final. Page - 2 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS INTRODUCTION page 178 Regional Development Guide The Council adopted Thrive MSP 2040 as the new regional development guide on May 28, 2014. Thrive identifies five outcomes that set the policy direction for the region's system and policy plans. r� , Building on our region's history of effective stewardship of our resources, Thrive envisions a prosperous, equitable, and livable Thrive region that is sustainable for today and generations to come. The Council is directing its operations, plans, policies, programs, and resources toward achieving this shared long-term vision. Three principles define the Council's approach to implementing regional policy: integration, collaboration, and accountability. These principles reflect the Council's roles in integrating policy areas, supporting local governments and regional partners, and promoting and implementing the regional vision. The principles define the Council's approach to policy implementation and set expectations for how the Council interacts with local governments. Thrive also outlines seven land use policies and community designations important for local comprehensive planning updates. The land use policies establish a series of commitments from the Council for local governments and uses community designations to shape development policies for communities. Community designations group jurisdictions with similar characteristics based on Urban or Rural character for the application of regional policies. Together, the land use policies and community designations help to implement the region's vision by setting expectations for development density and the character of development throughout the region. Community Designation Community designations group jurisdictions with similar characteristics for the application of regional policies. The Council uses community designations to guide regional growth and development; establish land use expectations including overall development densities and patterns; and outline the respective roles of the Council and individual communities, along with strategies for planning for forecasted growth. If there are discrepancies between the Thrive MSP 2040 Community Designations Map and the Community Designation map contained herein because of adjustments and refinements that occurred subsequent to the adoption of Thrive, communities should follow the specific guidance contained in this System Statement. Thrive identifies Mendota Heights with the community designation of Suburban (Figure 1). Suburban communities experienced continued growth and expansion during the 1980s and early 1990s, and typically have automobile -oriented development patterns at significantly lower densities than in previous eras. Suburban communities are expected to plan for forecasted population and household growth at average densities of at least 5 units per acre for new development and redevelopment. In addition, Suburban communities are expected to target opportunities for more intensive development near regional transit investments at densities and in a manner articulated in the 2040 Transportation Policy Plan. Specific strategies for Suburban communities can be found on Mendota Heights' Community Pape in the Local Planning Handbook. Forecasts The Council uses the forecasts developed as part of Thrive to plan for regional systems. Communities should base their planning work on these forecasts. Given the nature of long-range forecasts and the planning timeline undertaken by most communities, the Council will maintain on-going dialogue with Page - 3 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS INTRODUCTION page 179 communities to consider any changes in growth trends or community expectations about growth that may have an impact on regional systems. The Thrive forecasts for population, households, and employment for your community are: 2010 (actual) 2014 (est.) 2020 2030 2040 Population 11,071 11,124 11,300 11,300 11,400 Households 4,378 4,450 4,600 4,710 4,800 Employment 11,550 10,384 12,600 13,400 13,700 Housing Policy The Council adopted the Housing Policy Plan on December 10, 2014, and amended the plan on July 8, 2015. The purpose of the plan is to provide leadership and guidance on regional housing needs and challenges and to support Thrive MSP 2040. The Housing Policy Plan provides an integrated policy framework to address housing challenges greater than any one city or county can tackle alone. Consistent with state statute (Minn. Stat. 473.859, subd. 2(c) and subd. 4), communities must include a housing element and implementation program in their local comprehensive plans that address existing and projected housing needs. The Council has also determined the regional need for low and moderate income housing for the decade of 2021-2030 (see Part III and Appendix B in the Housing Policy Plan). Mendota Heights' share of the region's need for low and moderate income housing is 50 new units affordable to households earning 80% of area median income (AMI) or below. Of these new units, the need is for 28 affordable to households earning at or below 30% of AMI, 17 affordable to households earning 31 % to 50% of AMI, and 5 affordable to households earning 51 % to 80% of AMI. Affordable Housing Need Allocation for Mendota Heights At or below 30% AMI 28 31 to 50% AMI 17 51 to 80% AMI 5 Total Units 50 Specific requirements for the housing element and housing implementation programs of local comprehensive plans can be found in the Local Planning Handbook. Page - 4 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS INTRODUCTION page 180 Figure 1. Mendota Heights Community Designation Extent of Main Map — I ANCKa �— j ?AU S=YI V'JSHI Community Designations Outside Council planning authority Agricultural Rural Residential Diversified Rural Rural Center Emerging Suburban Edge Suburban Edge Suburban Urban Urban Center �a--1 -! County Boundaries City and Township Boundaries Lakes and Major Rivers Page - 5 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS INTRODUCTION t I i I i t i j St. Paul r Minneapolis f _ ' r 1 Lilydale � j N � � I West South St. St. Paul t tendo t Fort RichfieldSnelling Mendota Heights •� � (unorg.) I' --� i Sunfish q Lake —'-----------------------..—_.—_.. � I r � Inver Grove I Heights Bloomington i Eagan � S i 0 OS 7 ? Miles 3 i Extent of Main Map — I ANCKa �— j ?AU S=YI V'JSHI Community Designations Outside Council planning authority Agricultural Rural Residential Diversified Rural Rural Center Emerging Suburban Edge Suburban Edge Suburban Urban Urban Center �a--1 -! County Boundaries City and Township Boundaries Lakes and Major Rivers Page - 5 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS INTRODUCTION page 181 TRANSPORTATION SYSTEM STATEMENT City of Mendota Heights The 2040 Transportation Policy Plan (TPP) is the metropolitan system plan for highways, transit, and aviation to which local comprehensive plans must conform. This system statement summarizes significant changes to these three systems, as well as other changes made to the Transportation Policy Plan since the last 2030 TPP was adopted in 2010, and highlights those elements of the system plan that apply specifically to your community. The TPP incorporates the policy direction and the new 2040 socio economic forecasts adopted by the Metropolitan Council in the Thrive MSP 2040, and extends the planning horizon from 2030 to 2040. Federal Requirements The TPP must respond to requirements outlined in state statute, as well as federal law, such as some new requirements included in the federal law known as the Moving Ahead for Progress in the 21s' Century Act (MAP -21). For instance, metropolitan transportation plans must now be performance based, so the TPP now includes goals, objectives, and strategies outlined in chapter 2. In previous versions of the TPP the strategies were known as policies; while some are new, the wording of many strategies are similar to the wording of policies in previous plans. Performance measurements for this plan are also discussed in Chapter 12, Federal Requirements. Federal law requires the long range plan to identify regionally significant transportation investments expected to be made over the next two decades, and to demonstrate that these planned investments can be afforded under the plan's financial assumptions. Both costs and available revenues have changed since the last plan was adopted in 2010, resulting in many changes in the plan. Federal law does allow the plan to provide a vision for how an increased level of transportation revenue might be spent if more resources become available, but the programs or projects identified in this scenario are not considered part of the approved plan. The TPP includes two funding scenarios for the metropolitan highway and transit systems: the "Current Revenue Scenario" and the "Increased Revenue Scenario." • The Current Revenue Scenario represents the fiscally constrained regional transportation plan, which assumes revenues that the region can reasonably expect to be available based on past experience and current laws and allocation formulas. • The Increased Revenue Scenario represents an illustration of what be achieved with a reasonable increase in revenues for transportation. Under the Metropolitan Land Planning Act, local comprehensive plans are expected to conform to the Current Revenue Scenario, which is the official metropolitan system plan. Potential improvements in the Increased Revenue Scenario can be identified separately in local plans as unfunded proposals. A more detailed description of how to handle the various improvements in this category is included under Other Plan Considerations. In addition to reviewing this system statement, your community should consult the entire 2040 Transportation Policy Plan to ensure that your community's local comprehensive plan and plan amendments conform to the metropolitan transportation system plan. Chapter 3, Land Use and Local Planning, has been expanded and all communities should carefully review this chapter. A PDF file of Page - 6 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 182 the entire 2040 Transportation Policy Plan can be found at the Metropolitan Council's website: http://www.metrocouncil.orp/Transportation/Planninra-2/Key-Transportation-Planninp- Documents/Transportation-Policy-Plan-(1)/The-Adopted-2040-TPP-(1).as,nx. The format of the plan is slightly different than past Transportation Policy Plans. An introductory Overview, Chapter 1: Existing System and Chapter 10: Equity and Environmental Justice have been added to this version of the TPP, in addition to the changes noted in the first paragraph. Please note some modifications have been made to the appendices as well. Key Changes in the 2040 Transportation Policy Plan Adopted by the Metropolitan Council in January 2015, the revised 2040 Transportation Policy Plan incorporates the following changes: Metropolitan Highway System - Chapter 5 The Metropolitan Highway System is made up of principal arterials, shown in Fig 1-1 of the TPP and also attached to this system statement. Although no new highways have been added to this system in the 2040 TPP, the last incomplete segment of this system, TH 610, is now under construction in Maple Grove. • The TPP acknowledges that congestion cannot be eliminated or greatly reduced. The region's mobility efforts will need to focus on managing congestion and working to provide alternatives. The majority of resources available between now and 2040 will be needed for preservation, management and operation of the existing highway system. Due to increased costs and decreased revenue expectations, many long -planned major projects to add general purpose highway lanes are not in this fiscally constrained plan. While the preservation, safety, and mobility needs of these corridors are recognized, investments in these corridors will be focused on implementing traffic management strategies, lower cost -high benefit spot mobility improvements, and implementing MnPASS lanes. Some specific projects have been identified in this plan, but funding has primarily been allocated into various investment categories rather than specific projects. The highway projects specifically identified in the Current Revenue Scenario are shown in Figure 5-8 of the TPP which is also attached to this system statement. • Modifications were made to Appendix D -Functional Classification Criteria, and Appendix F — Highway Interchange Requests. Appendix C — Project List is new and contains all of the transit and highway projects that have been identified between 2014 and 2023. Transit System - Chapter 6 The transit system plan provides an overview of the basic components of transit planning, including demographic factors, transit route and network design factors and urban design factors that support transit usage. Local governments have the primary responsibility for planning transit -supportive land use, through their comprehensive planning, and subdivision and zoning ordinances. • The TPP includes updated Transit Market Areas (shown in TPP Figure 6-3, also attached) which reflect 2010 Census information and an updated methodology that better aligns types and levels of transit service to expected demand. These market areas identify the types of transit services that are provided within each area. • The TPP includes limited capital funding for transit expansion and modernization. Opportunities primarily exist through competitive grant programs such as the regional solicitation for US DOT Page - 7 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 183 funding. These opportunities are guided by the strategies in the TPP and the various elements of the Transit Investment Plan. The TPP includes an updated transitway system plan that more clearly articulates which projects can be funded within reasonable revenue expectations through year 2040 (Current Revenue Scenario as shown in TPP Figure 6-8, which is also attached). The plan includes five new or expanded METRO lines, three new arterial bus rapid transit lines, and three corridors under study for mode and alignment but identified in the Counties Transit Improvement Board's (CTIB) Phase I Program of Projects. This system was developed in collaboration with CTIB, a major partner in regional transitway expansion. The TPP does not include operating funding for transit service expansion beyond the existing network of regular route bus, general public dial -a -ride, and Metro Vanpool. • The Increased Revenue Scenario (shown TPP Figure 6-9, which is also attached) illustrates the level of expansion for the bus and support system and transitway system that might be reasonable if additional revenues were made available to accelerate construction of the transitway vision for the region. • The plan includes updated requirements and considerations for land use planning around the region's transit system. This includes new residential density standards for areas near major regional transit investments and an increased emphasis on proactive land use planning in coordination with the planning of the transit system. Aviation System - Chapter 9 The Metropolitan Aviation System is comprised of nine airports (shown in Figure 1-9 of the TPP and also attached to this system statement) and off -airport navigational aids. There are no new airports or navigational aids that have been added to the system in the 2040 TPP. The TPP discusses the regional airport classification system as well as providing an overview of roles and responsibilities in aviation for our regional and national partners. The investment plan in includes an overview of funding sources for projects, and an overview of projects proposed for the local airports that will maintain and enhance the regional airport system. • Modifications were made to Appendix I —Regional Airspace, Appendix J —Metropolitan Airports Commission Capital Investment Review Process, Appendix K — Airport Long Term Comprehensive Plans and Appendix L — Aviation Land Use Compatibility. Other Plan Changes Regional Bicycle Transportation Network - Chapter 7 The 2040 TPP encourages the use of bicycles as a mode of transportation. To that end, the TPP establishes for the first time a Regional Bicycle Transportation Network (RBTN). The goal of the RBTN is to establish an integrated seamless network of on -street bikeways and off-road trails that complement each other to most effectively improve conditions for bicycle transportation at the regional level. Cities, counties, and parks agencies are encouraged to plan for and implement future bikeways within and along these designated corridors and alignments to support the RBTN vision. Page - 8 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 184 Freight - Chapter 8 Most aspects of freight movement are controlled by the private sector, so unlike other sections of the TPP, there is not a specific plan adopted for future public sector investment in freight facilities. However, the discussion of the need for a safe and efficient multimodal freight system has been updated and expanded in the TPP to recognize challenges and opportunities for freight movement as well as the future direction of freight by mode. It acknowledges the closure of the Minneapolis Upper Harbor in 2015, leaving St Paul and Shakopee as the region's major barge terminal areas in the future. The plan also acknowledges the increase of trains since 2010 carrying oil from North Dakota on BNSF and CP rail tracks, which is expected to continue into the future. Although railroad trackage in the region was significantly decreased over the last 20 years to "right size" the system after federal deregulation, communities should not expect much additional rail abandonment. Many tracks that appear to be seldom used are owned by the smaller Class III railroads that serve local businesses by providing direct rail connections from manufacturing and warehousing/distribution facilities to the major national railroads. The major Class I railroads are approaching capacity and actually adding tracks in some locations. System Plan Considerations Affecting Your Community Mendota Heights should consult the complete 2040 Transportation Policy Plan in preparing its local comprehensive plan. In addition, Mendota Heights should consult Thrive MSP 2040 and the current version of the Metropolitan Council's Local Planning Handbook for specific information needed in its comprehensive plan. Specific system plan considerations affecting Mendota Heights are detailed below. Metropolitan Highways There are four principal arterials located within the Mendota Heights: 1-35E, 1-494, TH 55 and TH 110. The TPP acknowledges the 1-494/Argenta Trail interchange on p.5-36, but indicates it is not funded for construction unless there are increased highway revenues. Transit System Mendota Heights includes the following Transit Market Areas: Market Area II Transit Market Area II has high to moderately high population and employment densities and typically has a traditional street grid comparable to Market Area I. Much of Market Area II is also categorized as an Urban Center and it can support many of the same types of fixed -route transit as Market Area I, although usually at lower frequencies or shorter service spans. Market Area III Transit Market Area III has moderate density but tends to have a less traditional street grid that can limit the effectiveness of transit. It is typically Urban with large portions of Suburban and Suburban Edge communities. Transit service in this area is primarily commuter express bus service with some fixed -route local service providing basic coverage. General public dial -a -ride services are available where fixed -route service is not viable. Mendota Heights should identify and map existing transit services and facilities in the local comprehensive plan. Mendota Heights should also work with transit providers serving their community to identify potential future transit service options and facilities that are consistent with the TPP and the Page - 9 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 185 applicable Transit Market Areas. Communities can find further maps and guidance for transit planning in the Transportation section of the Local Planning Handbook. Transitways Current Revenue Scenario Transitways Mendota Heights should acknowledge in your local comprehensive plan the potential transitway investments that are under study for mode and alignment in your community in the Current Revenue Scenario (TPP Figure 6-8). These transitways are identified as funded by the Counties Transit Improvement Board in their Phase I Program of Projects and Mendota Heights could potentially be impacted by the Robert Street transitway, pending the adoption of a mode and alignment in the TPP. Mendota Heights should also identify potential stations along planned transitways (once identified) and adopt guiding land use policies, station -area plans, and associated zoning, infrastructure, and implementation tools that support future growth around transit stations consistent with Chapter 3 - Land Use and Local Planning from the TPP and consistent with the project phase of development. Communities can find further guidance for station -area planning in the Transportation section of the Local Planning Handbook and the Transit Oriented Development Guide. The Transportation section of the Local Planning Handbook also includes a map of existing, planned, and proposed transitway stations throughout the region and the planning status of these stations that should be reflected in Comprehensive Plans. Increased Revenue Scenario Transitways The TPP Increased Revenue Scenario shows additional transitway corridors beyond the scope of the plan's adopted and fiscally constrained Transit Investment Plan (the Current Revenue Scenario). These corridors are listed on page 6.63 of the TPP, and TPP Figure 6-9, which is attached, shows the complete transitway vision for the region. If Mendota Heights believes it might be directly impacted by transitways in the Increased Revenue Scenario (for example, because they are participating in transitway corridor studies or feasibility analyses), the transitways may be acknowledged in the Comprehensive Plan. These additional corridors are or will be under study for mode and alignment recommendations, but they are not included in fiscally constrained plan. However, they should be clearly identified as not funded within the currently expected resources for transitways. The Council recognizes the important planning work that goes into a corridor prior to it becoming part of the region's Transit Investment Plan, especially if increased revenues were to become available. Similar to Current Revenue Scenario Transitways, communities should identify known potential stations along planned transitways and consider guiding land use policies, station area plans, and associated zoning, infrastructure, and implementation tools that support future growth around transit stations. These policies can also influence station siting in initial planning phases of transitway corridors and influence the competitiveness of a transitway for funding. Communities can find further guidance for station area planning in the Transportation section of the Local Planning Handbook and the Transit Oriented Development Guide.http://metrocouncil.org/Handbook/Plan-Elements/Transportation.aspx Page - 10 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 186 Aviation All communities must include an aviation element in the transportation sections of their comprehensive plans. The degree of aviation planning and development considerations that need to be included in the comprehensive plan varies by community. Even those communities not impacted directly by an airport have a responsibility to include airspace protection in their comprehensive plan. The protection element should include potential hazards to air navigation including electronic interference. Mendota Heights is within the influence area of Minneapolis -St. Paul International Airport. The long term comprehensive plan (LTCP) for this airport shown in Appendix K of the 2040 TPP has not changed from the LTCP included in the 2030 TPP adopted by the Metropolitan Council in 2010. However, updated LTCP's are anticipated prior to 2018. Communities influenced by this airport should review the LTCP to assure that the updated comprehensive plan developed by the community remains consistent with the airport plans. Consult the Local Planning Handbook for specific comprehensive planning requirements and considerations such as airport zoning, noise and other environmental mitigation, airport development and economic impacts, ground access needs, infrastructure requirements, and general land use compatibility. Other Plan Considerations Regional Bicycle Transportation Network TPP Figure 7-1 shows the RBTN as established for the first time in the 2040 TPP. The network consists of a series of prioritized Tier 1 and Tier 2 corridors and dedicated alignments (routes). The process used to develop the RBTN, as well as the general principles and analysis factors used in its development, can be found in the Bicycle and Pedestrian Chapter of the TPP. The RBTN corridors and alignments make up the "trunk arterials" of the overall system of bikeways that connect to regional employment and activity centers. These are not intended to be the only bicycle facilities in the region, and local units should also consider planning for any additional bike facilities desired by their communities. RBTN corridors are shown where more specific alignments within those corridors have not yet been designated, so local governments are encouraged to use their comprehensive planning process to identify suitable alignments within the RBTN corridors for future incorporation into the TPP. In addition, agencies should plan their local on and off-road bikeway networks to connect to the designated Tier 1 and Tier 2 alignments, as well as any new network alignments within RBTN corridors to be proposed in local comprehensive plans. Bikeway projects that complete segments of, or connect to, the RBTN are given priority for federal transportation funds through the Transportation Advisory Board's biannual regional solicitation. Figure 7-1 shows that your community currently has one or more RBTN corridors and alignments within its jurisdiction. The Council encourages local governments to incorporate the RBTN map within their local bicycle plan maps to show how the local and regional systems are planned to work together. An on-line interactive RBTN map, which allows communities to view the RBTN links in their community at a much more detailed scale than Figure 7-1, can be found in the Transportation section of the Local Planning Handbook. The handbook also includes best practices, references, and guidance for allhttp://metrocouncil.org/HandbookIPlan-Elements/Transportation.aspx local bicycle planning. Page - 11 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 187 A Minor System / Functional Classification The TPP has always recognized the A minor arterial system as an important supplement to the regional highway system, and the Transportation Advisory Board (TAB) continues to maintain the official regional map of these roads. The 2040 TPP does include an updated functional classification map (Fig. 1-2 in Chapter 1) and a modified Appendix D - Functional Classification Criteria. Communities should consult the Local Plan Handbook for more information on functional classification, how to reflect the A minor arterial system in their plan, and how to request functional classification changes if necessary. Freight The Council encourages all local governments to plan for freight movement in their communities. Trucks are the major mode of freight movement in the region and across the nation to distribute consumer goods as well as move manufactured goods and commodities, and they operate in every community. Communities with special freight facilities shown on TPP Figure 8-1, Metropolitan Freight System, (attached) should also include those additional modes and facilities in their local plan, and plan for compatible adjacent land uses. Page - 12 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION Figure 1-1 of the TPP Principal Arterials ON.0 Principal Arterial - Existir 44 "*+, % Principal Arterial - Under Reference Items Lakes and Rivers City Boundary County Boundary MUSA 2040 MPO Area page 188 2040 TRANSPORTATION POLICY PLAN I METROPOLITAN COUNCIL Figure 1-1 METROPOLITAN C C u N C I L Page - 13 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION Figure 1-2 of the TPP Functional Class Roads Re page 189 Existing r� Principal Arterial A-MinorAugmentor A -Minor Reliever A -Minor Expander A -Minor Connector Other Minor Arterial Planned Principal Arterial A-MinorAugmentor ,,. A -Minor Reliever A -Minor Expander . A -Minor Connector ' Other Minor Arterial Thrive Planning Areas Urban Core & Urban & Suburban Suburban Edge & Emerging Suburban Edge Rural Service Areas MPO Area outside the Seven County Area Page - 14 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION Figure 5-8 of the TPP Identified Projects* in Highway Current Revenue Scenario Referee rU Prii Oth Riv GO, C. 2C MF *Nat into all projei Includes identifies Subject amendrr page 190 Q 2015-2018 TIP Bridges Strategic Capacity 0'%.0 2019 - 2024 Pavement Projects 2019 - 2024 Bridges Roadside Infrastructure 0%j.� 2015 - 2018 Pavement/ MnPass OwN�.o Roadside Infrastructure 1 Safety 2015-2018 TIP Pavement 2015 - 2018 Pavement 1 Safety Ter 1 MnPASS Expansion Page - 15 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION Figure 6-3 of the TPP Transit Market Areas Sherburne ,j Wright I I - 0 5 10 20 Mike I I I I I I I 1 1 iMarket Area I Market Area II Emerging Market Area II Market Area III Emerging Market Area III Market Area IV Market Area V Freestanding Town Center page 191 -- -. FA Nov 2014 Page - 16 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 192 Figure 6-8 of the TPP Current Revenue Scenario Transitways and CTIB Phase I Program of Projects 41%� Northstar Line 60%.* Red Line 0'%.p Arterial BRT 0"%a/ Blue Line 0%00 Green Line Orange Line Gold Line Q CTIB Phase I Program of Projects under study mode and alignment not yet specified Regional Multimodal Hub Page - 17 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION Figure 6-9 of the TPP Increased Revenue Scenario Transitways Building an Accelerated Transitway Vision Refer, N page 193 IV UI LI IS L"dI LIME; r� Blue Line Green Line Red Line c Orange Line Gold Line Arterial BRT Accelerated Transitways understudy mode and alignment not yet specified Regional Multimodal Hub Increased Revenue Scenario would also include at least 1% average annual bus expansion. Page - 18 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 194 Figure 7-1 of the TPP Regional Bicycle Transportation Network Vision RBTN Alignments Tier 1 Alignments .® Tier 2 Alignments RBTN Corridors (Alignments Undefined) Tier 1 Priority Regional Bicycle Transportation Corridor Tier 2 Regional Bicycle Transportation Corridors Regional Destinations • Metropolitan Job Centers O Regional Jab Centers • Subregional Job Centers • Large High Schools A. Colleges & Universities Highly Visited Regional Parks • Major Sport & Entertainment Centers Other Trail Systems r Regional Trails (Regional Parks Policy Plan) Mississippi River Trail (US Route 45) State Trails (DNR) Page - 19 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 195 Figure 8-1 of the TPP Metropolitan Freight System Page - 20 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 196 Figure 9-1 of the TPP Airport Service Areas j ISANT! ;, CHISAIGO SHERBURN�r r I L rj POLK j _TWR�FG-H-T- ANOFA •. FO R d —� 4 1 M n _fI t �_i'arll C' 'Y ANE SFS / z El�r -�- .%MICT CARO n` `t HEKNNEPIN, i' ,+ Ey ;ELM- ``� I�AMSEY I 1■ � `S P• ■ MSP y a CXRVE-R--1 11'gI":4`'�WPI, i > L /li — PIERCE J � L (DAKOTA SCOTT i _I iJ +LVM , L SIBILE Y �- X*„ G�JrL� O DHUE S1RICE LE SUEUR ;3 Miles Public Owned Public Use Airport �Airport Compatibility Area I r (3 NM's— Noise. Zoning, s ♦ infrast(ucture) (6 NM's — Landfills, Wad Towers) MSP Minneapolis — St - Paul MIC CrystalAirpot International Airport (Wold-Chamb--4ain Freid) SGS South St. Paul Airport Located in Community (Fleming Field) STP St. Paul Dvwntow"Airport. (Norman Field) ELM Lake Elmo Airport ANE Anoka County—Blaine Airport LVN AidakeAirport (Janes Field) FOR Forest Lake Airport FCM Flying Cloud Airport Privately Owned Public Use Airport SFS Surf -Side Seaplane Base (Rice Lake) WPL Wipline Seaplane Base (Miss. River) 0 Minneapolis Class -B Airspace Boundary s Permitted Seaplane Surlece Waters `v,A,n 7 C-MyA— only) VOR Protection Zone .7 Tall TowerAreas Aviation Facility Located in Community Gornirunity Directly Affected by Facility{s} General Airspace Nat i ficati o r/Protection Page - 21 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS TRANSPORTATION page 197 WATER RESOURCE REQUIREMENTS/ WASTEWATER SYSTEM STATEMENT City of Mendota Heights The 2040 Water Resources Policy Plan includes policies and strategies to achieve the following goal: To protect, conserve, and utilize the region's groundwater and surface water in ways that protect public health, support economical growth and development, maintain habitat and ecosystem health, and provide for recreational opportunities, which are essential to our region's quality of life. The Policy Plan takes an integrated approach to water supply, water quality, and wastewater issues. This approach moves beyond managing wastewater and stormwater only to meet regulatory requirements by viewing wastewater and stormwater as resources, with the goal of protecting the quantity and quality of water our region needs now and for future generations. The Policy Plan includes policies and strategies to: • Maximize regional benefits from regional investments in the areas of wastewater, water supply and surface water. • Pursue reuse of wastewater and stormwater to offset demands on groundwater supplies. • Promote greater collaboration, financial support, and technical support in working with partners to address wastewater, water quality, water quantity and water supply issues. • Implement environmental stewardship in operating the regional wastewater system by reusing wastewater, reducing energy use and air pollutant emissions, and reducing, reusing, and recycling solid waste. Key Concepts in the 2040 Water Resources Policy Plan Adopted by the Metropolitan Council in May 2015, the 2040 Water Resources Policy Plan is the metropolitan system plan for metropolitan wastewater services with which local comprehensive plans must conform. The Policy Plan incorporates the following changes: • Centers on and around an integrated approach to water supply, wastewater, and surface water planning. • Promotes the investigation of the issues and challenges in furthering our work in water conservation, wastewater and stormwater reuse, and low impact development practices in order to promote a more sustainable region. • Promotes the concept of sustainable water resources where, through collaboration and cooperation, the region will take steps to manage its water resources in a sustainable way aimed at: o Providing an adequate water supply for the region o Promoting and implementing best management practices that protect the quality and quantity of our resources o Providing efficient and cost effective wastewater services to the region o Efficiently addressing nonpoint and point sources pollution issues and solutions, and, o Assessing and monitoring lakes, rivers, and streams so that we can adequately manage, protect, and restore our valued resources. • Continues the Council's position that communities that permit the construction and operation of subsurface sewage treatment systems and other private wastewater treatment systems are Page -22 1201,13 SYSTEM STATEMENT— MENDOTA HEIGHTS WATER RESOURCES page 198 responsible for ensuring that these systems are installed, maintained, managed and regulated consistent with Minnesota Rules Chapter 7080-7083. Includes requirements in Appendix C for comprehensive sewer plans, local water plans, and local water supply plans. Establishes inflow and infiltration goals for all communities served by the regional wastewater system and requires all communities to include their inflow and infiltration mitigation programs in their comprehensive sewer plan. Works with the State to attempt to (1) make funds available for inflow and infiltration mitigation, and (2) promote statutes, rules, and regulations to encourage 1/1 mitigation. Mendota Heights should consult the complete Policy Plan in preparing its local comprehensive plan. In addition, Mendota Heights should consult Thrive MSP 2040 and the Local Planning Handbook for specific information needed in its comprehensive plan. System Plan Considerations Affecting Your Community Metropolitan Sewer Service Under state law (Minn. Stat. 473.513) local governments are required to submit both a wastewater plan element to their comprehensive plan as well as a comprehensive sewer plan describing service needs from the Council. Specific requirements for the sewer element of your comprehensive plan can be found in the Water Resources section of the Local Planning Handbook. Forecasts The forecasts of population, households, employment, and wastewater flows for Mendota Heights as contained in the adopted 2040 Water Resources Policy Plan can be found at: http://www.metrocouncil.orgl Wastewater-Water/P/anninp/2040-Water-Resources-Policy-Plan.aspx and on your Community Page in the Local Planning Handbook. These forecasts are for sewered development. The sewered housing forecasts were estimated using SAC data, annual city reports, current trends, existing and future local wastewater service areas and other information relating to your community. The wastewater flows are based on historical wastewater flow data, future projected wastewater generation rates, and the projected sewered population and employment data. The Council will use these growth and wastewater flow forecasts to plan future interceptor and treatment works improvements needed to serve your community. The Council will not design future interceptor improvements or treatment facilities to handle peak hourly flows in excess of the allowable rate for your community. Mendota Heights, through its comprehensive planning process, must decide the location and staging of development, and then plan and design its local wastewater collection system to serve this development. The Council will use its judgment as to where to assign growth within your community to determine regional system capacity adequacy. If Mendota Heights wishes to identify specific areas within the community to concentrate its growth, it should do so within its Comprehensive Sewer Plan. You should also note that urban development at overall densities that are substantially lower than those identified for your community in the Community Designation Section of this Systems Statement will also be analyzed by the Council for their potential adverse effects on the cost of providing metropolitan sewer service. Description of the Metropolitan Disposal System Serving Your Community Figure 1 shows the location of the Metropolitan Disposal System (MDS) serving your community. Wastewater flow from Mendota Heights is treated at the Metropolitan WWTP. Page -23 1201,13 SYSTEM STATEMENT— MENDOTA HEIGHTS WATER RESOURCES page 199 Description of the Regional Inflow/Infiltration (1/1) Program The 2040 Water Resources Policy Plan states that the Council will establish 1/1 goals for all communities discharging wastewater to the MDS. Communities that have excessive 1/1 in their sanitary sewer systems will be required to eliminate excessive 1/1. The Council will continue the implementation of its on-going 1/1 reduction program. Communities identified through the program as needing to eliminate excessive 1/1 will be required to submit a work plan that details work activities to identify and eliminate sources of 1/1. The Council can limit increases in service within those communities having excess 1/1 that do not demonstrate progress in reducing their excess 1/1. The Council will meet with the community and discuss this alternative before it is implemented. It is required that those communities that have been identified as contributors of excessive 1/1, and that have not already addressed private property sources, do so as part of their 1/1 program. Significant work has been accomplished on the public infrastructure portion of the wastewater system. The Council will pursue making funds available through the State for 1/1 mitigation, and promote statutes, rules and regulations to encourage 1/1 mitigation. Management of Subsurface Sewage Treatment Systems (SSTS) and Private Systems The Metropolitan Land Planning Act requires the sewer element of the local comprehensive plan to describe the standards and conditions under which the installation of subsurface sewage treatment systems and other private wastewater treatment systems will be permitted and to the extent practicable, the areas not suitable for public or private systems. The appropriate density for development with subsurface sewage treatment systems depends on the suitability of the soils to treat wastewater and whether space is available for a primary and back up drainfield. It is the Council's position that all municipalities and counties allowing subsurface sewage treatment systems should incorporate current MPCA regulations (Minn. Rules Chapter 7080-7083) as part of a program for managing subsurface sewage treatment systems in the sewer element of their local comprehensive plan and implement the standards in issuing permits. Mendota Heights should adopt a management program consistent with state rules. An overview of Mendota Heights's management program must be included in the community's local comprehensive plan update. If adequate information on the management program is not included; the comprehensive plan will be found incomplete for review until the required information is provided to the Council. Specific requirements for the local comprehensive plan can be found in the Local Planning Handbook. Small private treatment plants are located throughout the Metropolitan Area serving such developments as individual industries, mobile home parks, and other urban type uses. The Council's position is that such private wastewater treatment plants should be permitted only if they are in areas not programmed for metropolitan sewer service in the future and they are provided for in a community's comprehensive plan that the Council has approved. Furthermore, the community is responsible for permitting all community or cluster wastewater treatment systems consistent with Minnesota Rules Chapter 7080- 7083 and MPCA standards. The Council will not provide financial support to assist communities if these systems fail. Mendota Heights should include in the sewer element of its local comprehensive plan the conditions under which private treatment plants or municipal treatments would be allowed, and include appropriate management techniques sufficiently detailed to ensure that the facilities conform to permit conditions. Mendota Heights is responsible for ensuring that permit conditions for private treatment plants are met and financial resources to manage these facilities are available. Page -24 1201,13 SYSTEM STATEMENT— MENDOTA HEIGHTS WATER RESOURCES page 200 Surface Water Management In 1995, Minnesota Statutes Section 473.859, subd. 2 was amended to make the local water plan (often referred to as local surface water management plans) required by section 103B. 235 a part of the land use plan of the local comprehensive plan. Minnesota Rules Chapter 8410, updated in July of 2015, includes the requirements for local water management plans. The main change that you need to be aware of is that all communities in the metropolitan area must update their local water plan between January 1, 2017 and December 31, 2018. This means that Mendota Heights must update its local water plan as part of the comprehensive plan update. The community's updated local water plan should be submitted to the Council for its review concurrent with the review by the Watershed Management Organization(s) within whose watershed(s) the community is located. Failure to have an updated local water plan will result in the comprehensive plan being found incomplete for review until the required plan is provided to the Council. Local water plans must meet the requirements for local water plans in Minnesota Statutes, section 103B.235 and Minnesota Rules Chapter 8410. In general, local surface water plans need to include a summary of the priorities and problems in the community; structural, nonstructural and programmatic actions to take to address the priorities and problems; and clearly identified funding mechanisms to fix the problems. More detailed guidance for the local water plans can be found in Appendix C of the Council's 2040 Water Resources Policy Plan and in the Council's current Local Planning Handbook. In addition, the Council has also updated its priority lake list that was first developed in the 1980s as part of the Water Resources Policy Plan update. Figure 2 shows the priority lakes for Mendota Heights. The Council uses the priority lake list to focus its limited resources. The list is also used in the environmental review process. Where a proposed development may impact a priority lake, the project proposer must complete a nutrient budget analysis for the lake as part of the environmental review process. Also included on Figure 2 is the watershed organization(s) that Mendota Heights is part of and a list of impaired waters in the community for use in development of your local water plans. Other Plan Considerations Water Supply Local comprehensive plans also address water supply (Minn. Stat., Sec. 473.859). For communities in the metropolitan area with municipal water supply systems, this local comprehensive plan requirement is met by completing the local water supply plan template, which was jointly developed by the Metropolitan Council and the Minnesota Department of Natural Resource (DNR). FOR COMMUNITIES WITH PUBLIC WATER SUPPLY SYSTEMS OWNED BY ANOTHER ENTITY Because your community uses a municipal community public water supply system (PWS) that is not owned/operated by your community, you should collaborate with the owner of the PWS to ensure their local water supply plan reflects your water demand in a way that is consistent with your community's population forecast provided in the introductory section of this system statement. Potential water supply issues should be acknowledged, monitoring and conservation programs should be developed, and approaches to resolve any issues should be identified. You should submit the updated local water supply plan developed by the PWS that serves your community along with your local comprehensive plan update. Page -25 1201,13 SYSTEM STATEMENT— MENDOTA HEIGHTS WATER RESOURCES page 201 Failure to have an updated local water plan will result in the comprehensive plan being found incomplete for review until the required plan is provided to the Council. The local water supply plan will be adopted by your community as part of the local comprehensive plan. Guidance and information for water supply planning can be found in the Appendix C of the 2040 Water Resources Policy Plan, the Local Planning Handbook, and the Council's Master Water Supply Plan. The Council's Master Water Supply Plan provides communities in the region with planning assistance for water supply in a way that: • Recognizes local control and responsibility for owning, maintaining and operating water systems • Is developed in cooperation and consultation with municipal water suppliers, regional stakeholders and state agencies • Protects critical habitat and water resources over the long term • Meets regional needs for a reliable, secure water supply • Highlights the benefits of integrated planning for stormwater, wastewater and water supply • Emphasizes and supports conservation and inter -jurisdictional cooperation • Provides clear guidance by identifying key challenges/issues/considerations in the region and available approaches without dictating solutions Figures 3-5 illustrate some water supply considerations that the community may consider as they develop their local water supply plans, such as: aquifer water levels, groundwater and surface water interactions, areas where aquifer tests or monitoring may be needed to reduce uncertainty, regulatory and management areas, and emergency interconnections. Page -26 1201,13 SYSTEM STATEMENT— MENDOTA HEIGHTS WATER RESOURCES page 202 Figure 1. MCES Sanitary Sewer Meter Service Areas City of Mendota Heights, Dakota County r' 1 �, ro To Meter # MIN ' Litydale y i Minneap `lis TO Meter #'/d001 M Saint f Paul West i' Saint Paul !i ►'t i'�Mendota Fort {�'�-'`►. Snelling To Meter (unorg.) vim.` # M063AB To Meter #M}01 / Mendota : t i Heights sun h .'�. I Lake R IL '+ • 'jtQver Met Bloomington ^ Eagan T# M®03 • Ove Hets 0.5 1 2 md" Interceptors by Type - Outfall )i Meters - Gravity - Low Head Crossing A Lift Stations - Forcemain - Bypass - Siphon n ►,u1 MCES Wastewater Treatment Plants tnle.epto Meter Serm. Areas To Meter # 100 2gAreas of Unmetered Flow lei County Boundaries Park. Recreational or Preserve Into the Community L—J City and Township Boundaries Golf Course Rural Center WUVfP Service Areas Lakes and Rivers 2040 MUSA NCompass Street Centerlines 11512015 Page - 27 12015 SYSTEM STATEMENT — MENDOTA HEIGHTS WATER RESOURCES page 203 Figure 2. Surface Water Resources Mendota Heights, Dakota County ' ickere! ISSISSIPPI F�irkereJ Lilydale CAPITOL REGION — — — Saint Crosby Paul MINNEHAHA 1 CREEK �1 Mississippi River .f Fort Snelling (unorg.) Mendota LOWER MISSISSIPPI Snelling RIVER, Augu 5 r,a Mendota Rogers Gun Club Heights J Su `ish � Lel�t:7y LOWER ell MINNESOTA RIVER Hombt n — -- EAGAN- owefl — 16un-club INVER GROVE Eagan Pond D 0.5 1 Mllss IV Watershed Management Organization Boundaries Impaired Lakes (2014 Draft MPCA303(d) List) Watershed Management Organization Type -ter— Impaired Rivers & Streams (2014 Draft MPCA 303(d) List) County f 2014 Priority Lakes Watershed District Watershed Management Organization L-�i County Boundaries f City and Township Boundaries Other Lakes and Major Rivers — Other Streams NCompass Street Centerlines Page - 28 12015 SYSTEM STATEMENT — MENDOTA HEIGHTS WATER RESOURCES page 204 Figure 3. Surface water features and interaction with the regional groundwater system, and state -protected surface water features Mendota Heights Lakes and Major Rivers . Spring (DNR) Surface water type (regional screening by Met Council) . Calcareous Fen (DNR) Disconnected from the regional groundwater system Recharges aquifers Trout Stream (DNR) _ A� Receives and discharges groundwater • Karst Feature (DNR) Supported by upwelting groundwater Page - 29 12015 SYSTEM STATEMENT — MENDOTA HEIGHTS WATER RESOURCES page 205 Figure 4. Availability of MN Department of Natural Resources groundwater level and MN Department of Health aquifer test data Mendota Heights r f � St. Paul i Lilydale Fort Snelling (unorg.) Mendota Heights 10 Eagan - Lakes and Major Rivers Observation well showing no trend in annual minimum values (DNR) Observation well showing an upward trend in annual minimum values (DNR) 0 Observation well showing a downward trend in annual minimum values (DNR) 0 Observation well with insufficient data to evaluate a trend in annual minimum values (DNR) AAquifer Test (MDH) Page - 30 12015 SYSTEM STATEMENT — MENDOTA HEIGHTS WATER RESOURCES page 206 Figure 5. Municipal public water supply system interconnections and regulatory management areas Mendota Heights 11 0 06 s z a Miles Lakes and Major Rivers The community's most recent local water supply plan reports that the publiawatersup ply system has no ihterconnectlons The community's most recent local water supply plan reports thatthe public water supply system has one or mare Interconnections ® Special Well and Boring Construction Area (MDH) North and East Metro Groundwater Management Area (DNR) Moderate to Highly Vulnerable Dunking Water Supply Management Area (MDH) Drinking Water Supply Management Area for Minneapolis/St. Paul Page - 31 12015 SYSTEM STATEMENT — MENDOTA HEIGHTS WATER RESOURCES ,I phi - St.,PauI Lilydale 91111111111111111111111111- 111 it j v; i 1111 f VIII �, Fort Snelling (unorg.) Mendota Heights ,A �a I1IIIII - 'd illi llllllllll P11111111111111111111111111111111111111111111111111111 VIIIIIIIIIII IIIIIIIIIR IIIIIIIIIIIIIIII� i....... Eagan) r' 11 0 06 s z a Miles Lakes and Major Rivers The community's most recent local water supply plan reports that the publiawatersup ply system has no ihterconnectlons The community's most recent local water supply plan reports thatthe public water supply system has one or mare Interconnections ® Special Well and Boring Construction Area (MDH) North and East Metro Groundwater Management Area (DNR) Moderate to Highly Vulnerable Dunking Water Supply Management Area (MDH) Drinking Water Supply Management Area for Minneapolis/St. Paul Page - 31 12015 SYSTEM STATEMENT — MENDOTA HEIGHTS WATER RESOURCES page 207 REGIONAL PARKS SYSTEM STATEMENT City of Mendota Heights The Regional Parks System includes 62 regional parks, park reserves, and special recreation features, plus more than 340 miles of regional trails that showcase the unique landscapes of the region and provide year-round recreation. The Regional Parks System is well -loved by our region's residents and attracted over 48 million annual visits in 2014. The organizational structure of the Regional Parks System is unique, built upon a strong partnership between the Council and the ten regional park implementing agencies that own and operate Regional Parks System units. The regional park implementing agencies are: Anoka County Ramsey County City of Bloomington City of Saint Paul Carver County Scott County Dakota County Three Rivers Park District Minneapolis Park and Recreation Board Washington County The 2040 Regional Parks Policy Plan was developed based on furthering the Thrive MSP 2040 outcomes of Stewardship, Prosperity, Equity, Livability, and Sustainability. Thrive MSP 2040 states that the Council will collaborate with the Metropolitan Parks and Open Space Commission, the regional park agencies, and state partners to: • Expand the Regional Parks System to conserve, maintain, and connect natural resources identified as being of high quality or having regional importance, as identified in the 2040 Regional Parks Policy Plan. • Provide a comprehensive regional park and trail system that preserves high-quality natural resources, increases climate resiliency, fosters healthy outcomes, connects communities, and enhances quality of life in the region. • Promote expanded multimodal access to regional parks, regional trails, and the transit network, where appropriate. • Strengthen equitable usage of regional parks and trails by all our region's residents, such as across age, race, ethnicity, income, national origin, and ability. Key Concepts in the 2040 Regional Parks Policy Plan The 2040 Regional Parks Policy Plan includes the following policies, each with specific associated strategies: Recreation Activities and Facilities Policy: Provide a regional system of recreation opportunities for all residents, while maintaining the integrity of the natural resource base within the Regional Parks System. Page - 32 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS page 208 • Siting and Acquisition Policy: Identify lands with high-quality natural resources that are desirable for Regional Parks System activities and put these lands in a protected status so they will be available for recreational uses and conservation purposes in perpetuity. • Planning Policy: Promote master planning and help provide integrated resource planning across jurisdictions. • Finance Policy: Provide adequate and equitable funding for the Regional Parks System units and facilities in a manner that provides the greatest possible benefits to the people of the region. • System Protection Policy: Protect public investment in acquisition and development by assuring that every component in the system is able to fully carry out its designated role as long as a need for it can be demonstrated. The 2040 Regional Parks Policy Plan is the metropolitan system plan for regional recreation open space with which local comprehensive plans must conform. This system statement highlights the elements of the system plan which apply specifically to your community. Find the complete text of the 2040 Regional Parks Policy Plan on the Council's website. 2040 Regional Parks System Facilities The Regional Parks System is comprised of four main types of facilities: regional parks, park reserves, special recreation features and regional trails. Regional Parks Regional parks most notably contain a diversity of nature -based resources, either naturally occurring or human -built, and are typically 200-500 acres in size. Regional parks accommodate a variety of passive recreation activities. Park Reserves Park reserves, like regional parks, provide for a diversity of outdoor recreation activities. One major feature that distinguishes a park reserve from a regional park is its size. The minimum size for a park reserve is 1,000 acres. An additional characteristic of park reserves is that up to 20 percent of the park reserve can be developed for recreational use, with at least 80 percent of the park reserve to be managed as natural lands that protect the ecological functions of the native landscape. Special Recreation Features Special recreation features are defined as Regional Parks System opportunities not generally found in the regional parks, park reserves or trail corridors. Special recreation features often require a unique managing or programming effort. Regional Trails Regional trails are classified as 1) destination or greenway trails and 2) linking trails. Destination or greenway trails typically follow along routes with high-quality natural resources that make the trail itself a destination. Linking trails are predominately intended to provide connections between various Regional Parks System facilities, most notably regional parks or park reserves. Page - 33 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS page 209 2040 Regional Parks System Components The 2040 Regional Parks Policy Plan identifies six components which together comprise the vision for the Regional Parks System in 2040, as described below. Existing Regional Parks System Facilities: include Regional Parks System Facilities that are open for public use. These facilities include land that is owned by regional park implementing agencies, and may include inholding parcels within the boundaries of these parks and trail corridors that have not yet been acquired. Existing regional trails may include planned segments that will be developed in the future. Planned Regional Parks System Facilities (not yet open to the public): include Regional Parks System Facilities that have a Council -approved master plan and may be in stages of acquisition and development, but are not yet open for public use. Regional Parks System Boundary Adjustments: include general areas identified as potential additions to existing Regional Parks System Facilities to add recreational opportunities or protect natural resources. Specific adjustments to park or trail corridor boundaries have not yet been planned. Regional Park Search Areas: include general areas for future regional parks to meet the recreational needs of the region by 2040 where the regional park boundary has not yet been planned. Regional Trail Search Corridors: include proposed regional trails to provide connections between Regional Parks System facilities where the trail alignment has not yet been planned. 2040 Regional Trail Search Corridor System Additions: include regional trail search corridors that were added to the Regional Parks System as part of the 2040 Regional Parks Policy Plan. Key Changes in the 2040 Regional Parks Policy Plan Adopted by the Metropolitan Council in February 2015, the 2040 Regional Parks Policy Plan incorporates the following changes: Identify all proposed regional trails as regional trail search corridors All proposed regional trails that are not yet open to the public and do not have a Metropolitan Council approved master plan are represented as a general regional trail search corridor. The 2030 Regional Parks Policy Plan depicted these trails with a proposed alignment. The alignment of these regional trails will be determined in the future through a planning process led by the regional park implementing agency. The alignment of these trails is subject to Metropolitan Council approval of a regional trail master plan. Acquire and develop ten new regional trails or trail extensions to meet the needs of the region in 2040. The 2040 Regional Trail Search Corridor Additions include: Carver County: • County Road 61 • Highway 41 Page - 34 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS page 210 Three Rivers Park District: • CP Rail Extension • Dakota Rail Extension • Lake Independence Extension • Lake Sarah Extension • Minnetrista Extension • North-South 1 • North-South 2 • West Mississippi River The 2040 Regional Parks System Plan Map is depicted in Figure 1. Mendota Heights should consult the complete 2040 Regional Parks Policy Plan in preparing its local comprehensive plan. In addition, Mendota Heights should consult Thrive MSP 2040 and the current version of the Metropolitan Council's Local Planning Handbook for specific information needed in its comprehensive plan. System Plan Considerations Affecting Your Community Regional Parks System Components in your community The following Regional Parks System Components within Mendota Heights as identified in the 2040 Regional Parks Policy Plan are listed below. Regional Trails Big Rivers Regional Trail: This is an existing regional trail that is open to the public. The regional trail travels through Mendota, Mendota Heights, and Lilydale as it connects the planned Minnesota River Greenway Regional Trail, and Lilydale-Harriet Island Regional Park. The regional trail alignment as shown in Figure 2 should be acknowledged in the comprehensive plan. North Urban Regional Trail: This is a regional trail that includes segments that are open to the public as well as planned segments that will be developed in the future. The regional trail travels through Mendota Heights, West St. Paul and South St. Paul as it connects Big Rivers Regional Trail, Mendota - Lebanon Hills Greenway Regional Trail, and Mississippi River Regional Trail. The regional trail alignment as shown in Figure 2 should be acknowledged in the comprehensive plan. Mendota -Lebanon Hills Greenway Regional Trail: This is a planned regional trail that is not yet open to the public. The planned regional trail travels through Mendota Heights, Inver Grove Heights, and Eagan as it connects North Urban Regional Trail, Lebanon Hills -Big Rivers Greenway Regional Trail Search Corridor, and Lebanon Hills Regional Park. The regional trail alignment as shown in Figure 2 should be acknowledged in the comprehensive plan. Please contact Dakota County for more information regarding Regional Parks System Components in Mendota Heights. Page - 35 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS page 211 State lands in your community State park and open space units that provide outdoor recreation opportunities and natural resource conservation for the public complement the Regional Parks System and are recognized in the 2040 Regional Parks Policy Plan. The following State lands as shown in Figure 2 are within Mendota Heights and should be acknowledged in its comprehensive plan. • Fort Snelling State Park — Minnesota Department of Natural Resources Please contact the Minnesota Department of Natural Resources for more information about State lands. Page - 36 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS Figure 1. 2040 Regional Parks System Plan Map Regional Parks System Twin Cities Metropolitan Area 40 i I AI I Anoka j i , County aki page 212 a - I Ramsey ,Washington `. 's -+•-i � Coun r s rJ County lis St Pau Cancer , Bloomington - - - i— —County kr- n y. .i .r. L------- ,17aketa I Scott Ir `� County �I r _.-... ---------- ---------- -- ----.- �'t' ---•--.L..---tr _:j-----.._. i .._.._.. ..Iii_ _c._.._•z _..--�- ` I. 0 ...i 5 70 1i AtE IAi PS ?l Regional Parks Regional Park Search Areas and Regional Parks Regional Trail Search Corridors Park Reserves t` Boundary Adjustments Special Recreation Features Planned Units Search Areas Regional Trail Corridor Land Regional Trails Regional Trail Search Corridors — Existing --- Planned Regional Trails- 2040 System Addition& Existing State Trails Lakes and Major Rivers Minnesota Valley National Wildlife Refuge State Parks State Wldlife Management Areas {Publicly Accessible} Scientific and Natural Areas (SNA) Other Parks and Preserves Page - 37 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS page 213 Figure 2. Regional Parks System Facilities in and adjacent to Mendota Heights Regional Parks System City of Mendota. Heights, Dakota County \roossossoppi f— Gorge (lNesr - �- -''' Lifydale•f'tarriet River, PaAway) _ i r.,�f 14;1and Lilydale Hidden 1 Fafis•Crosby / r7rtefraiia s,., Mid apolis Asy St. Paul r i _7 West j i I St. Paul f Fort % = S i7 rr= P. -o.- k Fort F ; 7 - Snelling Snelling Mendota `,,.. ` I i Dodge I w j + Nature I i Center f Mendota r Men �.� Heights r---- I Fart Sneffing 2 i State Park v �. i ►� f + l jf r Sunfish .' a4 Lake — Inver — — Grove Bloomington r - Eagan H`e`ights f ♦ Regional Parks flfl Regional Parks Park Reserves Special Recreation Features Planned Units Regional Trail Corridor Land Regional Trails — Existing --- Planned L"-, Regional Park Search Areas and Regional Trail Search Corridors A Boundary Adjustment& Search Areas Regional Trail Search Corridors Regional Trails - 2040 System Additions Q Existing State Trails Street Centerlines (NCompass) Lakes and Major Rivers Minnesota Valley National Wildlife Refuge State Parks State Wildlife Management Areas (Publicly Accessible) Scientific and Natural Areas (SNA) Other Parks and Preserves Page - 38 1 2015 SYSTEM STATEMENT — MENDOTA HEIGHTS REGIONAL PARKS page 214 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com CITY OF 00 MEND DTA HEIGHTS DATE: November 3, 2015 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: Declaring the City of Mendota Heights a Pollinator -Friendly Community Introduction• The City Council is asked to consider a recommendation of the Parks and Recreation Commission to pass a resolution which will declare Mendota Heights to be a pollinator -friendly community. Background The Mendota Heights Parks and Recreation Commission is continuously looking for ideas and strategies to improve our parks, trails and natural enviromnent. At the October 13th Parks & Recreation meeting the commission passed a motion for the Council to consider becoming a pollinator -friendly community. The intent of a pollinator -friendly community is to help preserve an environment which is non -threatening to bees and other insect pollinators. The attached Resolution encourages residents and businesses to participate in pollinator -friendly practices. Budget Impacts There is no impact to the budget. Recommendation Staff recommends Council adopt a resolution declaring the City's support for a pollinator —friendly environment in Mendota Heights. This action would require a simple majority vote. Action Required If the Council concurs, it should approve Resolution 2015-79 Declaring the City of Mendota Heights to be a Pollinator Friendly Community. page 213 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-79 RESOLUTION DECLARING THE CITY OF MENDOTA HEIGHTS TO BE A POLLINATOR -FRIENDLY COMMUNITY WHEREAS, bees and other pollinators are a necessary component of a healthy ecosystem and food system, providing pollination of plants in order to grow vegetables, herbs and fruits; and WHEREAS, pollinator populations are in sharp decline due to an ongoing loss of habitat as a result of human land practices, which is coupled with a simultaneous large-scale expansion of insecticide use by homeowners, landscapers, property managers and farmers; and WHEREAS, neonicotinoid and other systemic insecticides have been shown to cause illness and death to bees and pollinators; and WHEREAS, alternative land management practices are available that dramatically increase pollinator forage while decreasing maintenance costs; and WHEREAS, the monetary and social cost of maintaining pollinator -friendly landscapes can be less expensive the than costs associated with maintaining chemically - treated monocrop landscapes; and WHEREAS, many Mendota Heights residents and businesses are pledging to manage their land in a pollinator -friendly way; and WHEREAS, acting in a pollinator friendly manner is not expected to inhibit any potential treatments for Emerald Ash Borer infestation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, that the City of Mendota Heights is hereby declared a Pollinator - Friendly Community, and that the City celebrates current policies and practices that protect and support pollinator health by minimizing the use of insecticides. BE IT FURTHER RESOLVED that the City of Mendota Heights urges all Mendota Heights property owners, residents, businesses, institutions and neighborhoods to become more pollinator -friendly by adopting practices including: -Committing to avoiding the use of insecticides, including systemic insecticides, on their property; -Avoiding the planting of flowering plants which are treated with systemic insecticides; -Planting more pollinator -supporting forage on their property, and adopting organic or chemical -free lawn and landscaping practices. page 214 Adopted by the City Council of the City of Mendota Heights this 3rd day of November, 2015. Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk Res 2015-79 page 2 of 2