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2020-04-07 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA April 7, 2020 – 7:00 pm Mendota Heights City Hall MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions - MN stat. 13D.021 provides that a meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is not practical or prudent because of a health pandemic or declared emergency. At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the CO VID-19 pandemic. As a part of this action, until further notice all City Council and committee meetings will be held by telephone, through other electronic means, or with social distancing measures in place. All public meetings will continue to follow the requirements of the Minnesota Open Meeting Law. Individuals wishing to submit a comment (i) to be read during the Citizen Comment Period, or (ii) to be read during tonight’s Public Hearing, must send them in writing to City Hall at 1101 Victoria Curve, Mendota Heights, Minnesota 55118, or by email to the City Clerk (email: lorris@mendota-heights.com). Comments must be received by no later than 6:00 p.m. CDT on the day of the meeting, April 7, 2020. All comments received in a timely manner will be read into the public record at the appropriate point in the meeting. Please note, to comply fully with the Governor’s Executive Order No. 20 -20 and stay-at-home guidelines, the Council Chambers will not be open to the public during the April 7, 2020 meeting. Interested individuals may access the meeting in real time or later by viewing the meeting replay from Town Square Television (www.townsquare.tv\webstreaming) or the City’s website, or by using the dial-in information below. If the dial-in option is used, the line will be muted, so no outside comments or noise will be recorded. Note that long- distance telephone charges may apply. Because of technological limitations, the number of participants using dial-in cannot exceed 100. As a result, webstream participation is strongly encouraged . Dial in information 1-312-535-8110 Access Code: 282 550 924 # 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approve March 17, 2020 City Council Minutes b. Acknowledgement of February 27, 2020 Planning Commission Meeting Minutes c. Approve Resolution 2020-26 Accept An Anonymous Donation to the Fire Department d. Approve First Amendment to Grand Real Estate (MH Development LLC) Purchase Agreement e. Approve Amended Conservation Easement for Augusta Shores f. Approve Accounting Change for the Par 3 Golf Course to be a Special Revenue Fund g. Acknowledge February 2020 Fire Synopsis h. Approve of Claims List 6. Citizen Comment Period (for items not on the agenda) *See guidelines elsewhere on this agenda 7. Public Hearing a. Resolution 2020-27 Vacating Drainage and Utility Easements for Village Lots 8. New and Unfinished Business a. Resolution 2020-24 Approving a Conditional Use Permit for a New Freestanding Electronic Message Sign located at the Fire Station property, 2121 Dodd Road b. Resolution 2020-25 Approving a Variance the BP-Amoco Station, 2030 Dodd Road c. Ordinance 554 Establishing No Parking Areas on Marie Avenue d. Discussion on 4th of July Fireworks Display e. Discussion of Federal COVID 19 Employee Issues f. Resolution 2020-28 Change of City Council Meeting Time 9. Community Announcements 10. Council Comments 11. Adjourn Guidelines for Citizen Comment Period: "The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to comment. Comments must be placed in writing, or email, and addressed to the City Clerk at lorris(a)mendota-heights.coin. All comments must be received by 6 PM CDT on the day of the meeting. Comments will be read into the record by staff, and are limited to S spoken minutes per person and topic;presentations which require longer than five minutes will need to be scheduled with the City Clerk, and will appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not make any decisions regarding comments made under the Citizen Comments section at that presentation. Questions fi^om the Council will be for clarification only. Citizen comments will not be used as a time forproblem solving or reacting to the comments made, but rather for receiving the information only. If appropriate, the Mayor may assign stafffor follow up to the issues raised." CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 17, 2020 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 Garlock called the meeting to order at 7:00 p.m. Councilors Paper, Miller, and Petschel were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. It was requested to add item 4b. Resolution 2020-23 Emergency Declaration. Councilor Petschel moved adoption of the agenda as amended. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 RESOLUTION 2020-23 EMERGENCY DECLARATION Mayor Garlock read the proposed resolution declaring an emergency declaration related to the pandemic virus COVID-19. City Administrator Mark McNeill read some minor provisions to the draft resolution that will provide additional flexibility for the city. He noted that once adopted this would be in place indefinitely until revoked by the Council. Councilor Paper asked if the timing should be tied to the County, using the example of the County stating that the emergency is over. Councilor Petschel commented that the ending will become self-evident, as the Governor will speak, followed by the County. City Administrator Mark McNeill noted that language could be added stating, “until determined no longer needed by the Governor, or by the Council”. page 3 Councilor Paper asked if 50 is still the limit for groups of people gathering. City Administrator Mark McNeill replied that number had been reduced to 10 or fewer. He stated that people need to use good judgment and socially distance from each other. He stated that City operations have been reviewed and staff has begun to take steps to close access to public sites. He provided an update on the status of different City buildings, noting that access can change as the situation evolves. He stated that if adopted, the format for City meetings will change and provided additional details. Mayor Garlock moved to adopt RESOLUTION 2020-23 PROCLAMATION AND DECLARATION OF EMERGENCY. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PRESENTATIONS UPDATE ON FIRE STATION EXPANSION/REMODEL City Administrator Mark McNeill provided an update on the activities that took place over the past two week at the Fire Station, noting that the Fire Department should be occupying the new space within the next week. He stated that the remodeling of the original building is scheduled to begin after the move into the new building was made. CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented. a. Approval of March 4, 2020 City Council Minutes b. Approval of March 4, 2020 Council Closed Session Minutes c. Approval of March 4, 2020 Council Work Session Minutes d. Approve Resolution 2020-19 Supporting Congressional Funding of Governmental Programming Costs e. Approve Resolution 2020-20 Accepting Project and Approving Final Payment for the 2018 Sanitary Sewer Rehabilitation Project f. Authorize Request for Proposals for Safety Consultant Services g. Ratify 2020-2021 Labor Agreement with the Minnesota Teamsters Local #320 h. Approve Purchase Order for Natural Resource Management at Oheyawahe/Pilot Knob i. Approve Resolution 2020-18 Sponsoring a Natural and Scenic Area Grant for 2085 Valencour Circle j. Acknowledge Building Activity Report k. Approve February 2020 Treasurer’s Report l. Approve Claims List m. Award a Contract for Street Sweeping n. Authorize the Purchase of a Movable Training Wall System at Fire Station page 4 o. Approve the February 11, 2020 Parks and Recreation Minutes p. Acknowledge December 2019 Par 3 Financial Report q. Approve Amendment to Solar Garden Agreement with Northfield Solar, LLC r. Approve Resolution 2020-22 Declaring Surplus Fire Station Equipment, and Authorizing Sale or Disposal Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARINGS No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-17 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR MARIE AVENUE STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2020-17 approving the plans and specifications and authorizing advertisement for bid for the Marie Avenue Street Improvements. Councilor Paper asked for details on the projected costs for the watermain and whose responsibility that would be. Public Works Director Ryan Ruzek reported an estimated cost of $189,750, which would be 100 percent the responsibility of Saint Paul Regional Water. He stated that there may be some additional road improvements near the watermain replacement that the City could negotiate with Saint Paul Regional Water. Councilor Paper asked if the curb bump outs would be successful in calming traffic. Public Works Director Ryan Ruzek replied that bump outs have been successful in traffic calming. Mr. Ruzek stated that a public open house was scheduled for March 31st, but has been cancelled. City staff will send detailed letters to the property owners in lieu of that. Councilor Paper asked if there has been a change in the bidding climate as of yet. Mr. Ruzek commented that most municipal bids will open within the next two weeks and then it will be known as to the impact of the COVID-19 disease will have on that element. page 5 Councilor Petschel moved to approve RESOLUTION 2020-17 APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MARIE AVENUE STREET IMPROVEMENT PROJECT. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 B) ORDINANCE NO. 555 AMENDING CODE REGARDING FALSE ALARM PENALTIES Police Captain Wayne Wegener provided a background on proposed Ordinance 555, amending City Code Title 5, Chapter 5-4(b)(2) concerning False Alarms Penalties. He noted that the penalties would be capped after the sixth false alarm at $100. He noted that this change does not include fire false alarms. Councilor Petschel noted the time and resources expended to respond to false alarms, which is why she will be supporting this ordinance. Councilor Petschel moved to adopt ORDINANCE NO. 555 AMENDING MENDOTA HEIGHTS CITY CODE TITLE 5, CHAPTER 5-4(B)(2) CONCERNING PENALTIES FALSE ALARM PENALTIES. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 C) RESOLUTION 2020-21 AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 2085 VALENCOUR CIRCLE City Administrator Mark McNeill stated that the Council was being asked to consider approving an agreement for the purchase of real property located at 2085 Valencour Circle. This is a residential property located adjacent to Historic Pilot Knob preservation area. He noted that the City, earlier in the agenda, had approved Resolution 2020-18, which authorized submittal for a Natural and Scenic Area Grant Application to the Minnesota Department of Natural Resources (DNR), for the acquisition of 2085 Valencour Circle. Councilor Paper asked if the County would only partner on the purchase if the grant is not received. City Administrator Mark McNeill confirmed that the County would only partner if the grant funds are not received. He explained that if the grant funds are received, the County would retain their funds. Councilor Petschel stated that the County is an important player for this site and the entire bluff, starting at Highway 13 and moving through Mendota Heights. She stated that the County would like to develop a cohesive and interpretive plan for the bluff. The County will expend resources going forward to develop a plan to enhance the bluff. She stated that if the grant is received, the County will still expend funds studying and executing a cohesive plan for the bluff. Mayor Garlock agreed that this purchase makes sense for the preservation of this historic land. page 6 Councilor Miller agreed that, from a historical perspective, it makes sense to preserve this area. Councilor Petschel moved to ADOPT RESOLUTION 2020-21 AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 2085 VALENCOUR CIRCLE, MENDOTA HEIGHTS, MINNESOTA. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Councilor Petschel moved to AUTHORIZE PAYMENT OF UP TO $40,000 IN EARNEST MONEY RELATED TO THE PURCHASE OF REAL PROPERTY LOCATED AT 2085 VALENCOUR CIRCLE, MENDOTA HEIGHTS, MINNESOTA. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the City is still accepting recreation registrations but noted that any programs offered will be dependent upon the evolution of the COVID-19 situation. He extended a happy Saint Patrick’s Day on behalf of Councilor Duggan. COUNCIL COMMENTS Mayor Garlock commented that Mendota Heights is a beautiful city and Minnesota has a top-notch healthcare system. He stated that the residents will weather the storm and come back stronger. Councilor Miller stated that if the past weeks are an indication of what’s to come, this will be a defining moment for everyone. He stated that history reminds us that people are resilient and can face any challenge presented. He stated that they will get through this together and come out the other side stronger. He commented that it is important to pay close attention and adhere to any policy changes and recommendations from local, state and national agencies. He also asked people to look out for their neighbors. He stated that Mendota Heights has multiple generations, some of which will be vulnerable during this time, and encouraged people to check in on each other. He also wished everyone a happy Saint Patrick’s Day. Councilor Paper stated that he is looking forward to seeing everyone again soon. Councilor Petschel stated that the Mendota Heights Facebook page is an excellent source of information and updates to the actions necessary to limit exposure to COVID-19. She stated that restaurants in the community will struggle during this time but will still offer takeout service and encouraged residents to take advantage of that service. page 7 ADJOURN Councilor Petschel moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Garlock adjourned the meeting at 7:52 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 27, 2020 The regular meeting of the Mendota Heights Planning Commission was held on Thursday, February 27, 2020 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Litton Field, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Election of Planning Commission Chair and Vice Chair for 2020 Chair Magnuson opened the nominations for the position of Chair. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER MAZZITELLO TO NOMINATE MARY MAGNUSON AS PLANNING COMMISSION CHAIR FOR 2020. AYES: 7 NAYS: 0 COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ TO NOMINATE JOHN MAZZITELLO AS PLANNING COMMISSION VICE CHAIR FOR 2020. AYES: 7 NAYS: 0 Approval of January 28, 2020 Minutes Commissioner Katz noted on page four, the fourth paragraph, it should state, “…deliveries do not some come…” On page seven, the last paragraph before the motion, it should state, “Commissioner Katz Petschel…” On page seven, the motion at the bottom, it should state, “Commissioner KATZ PETSCHEL MOVED…” On page eight, the bottom, it should state, …TABLE to the February 27, 2019 2020…” COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO APPROVE THE MINUTES OF JANUARY 28, 2020 AS AMENDED. AYES: 6 NAYS: 0 ABSTAIN: 1 (FIELD) page 9 Hearings A) PLANNING CASE 2020-02 JOHN COSGRIFF, 1875 AND 1885 HUNTER LANE – LOT LINE ADJUSTMENT Community Development Director Tim Benetti explained that Mr. John Cosgriff, in cooperation with Ms. Joy Van, are requesting consideration of a simple lot line adjustment between the properties located at 1875 and 1885 Hunter Lane. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Magnuson opened the public hearing. John Cosgriff, applicant, stated that he was present to address any questions the Commission may have. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT, BASED ON THE FINDINGS OF FACT SUPPORTING THE REQUEST, AND WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL FILE LOT/PARCEL COMBINATION DOCUMENTS WITH DAKOTA COUNTY INDICATING THE NEW PARCEL CREATED BY THIS LINE ADJUSTMENT SHALL BE ADDED TO OR COMBINED WITH 1875 HUNTER LANE PROPERTY, PARCEL ID NUMBER 27-18200-00-050. 2. ALL TRANSFER OR DEED DOCUMENTS WHICH CONVEY THE PORTION OF LANDS UNDER THE LOT LINE ADJUSTMENT AND LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. 3. NO DEVELOPMENT ACTIVITIES, INCLUDING GRADING/FILLING WORK, LANDSCAPING, TREE REMOVALS, RETAINING WALLS, FENCING, STAIRWAY page 10 OR WALKWAYS, OR ANY STRUCTURE REQUIRING A ZONING AND/OR BUILDING PERMIT WILL BE ALLOWED UNLESS AUTHORIZED UNDER A SEPARATE CRITICAL AREA PERMIT APPLICATION. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its March 4, 2020 meeting. B) PLANNING CASE 2020-03 RACHEL QUICK, 554 JUNCTION LANE – VARIANCE Community Development Director Tim Benetti explained that Rachel Quick, owner of 554 Junction Lane, is requesting consideration of a variance of two feet from the ten-foot side-yard setback requirements, in order to provide an addition and connection to a new two-car garage. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Magnuson opened the public hearing. Rachel Quick, applicant, stated that she is present to answer any questions the Commission may have. Chair Magnuson asked why the garage could not be moved over two feet. Ms. Quick replied that there are significant water issues on that side of the house, and they are restructuring that corner of the house to resolve some of those issues which causes the tilt of the garage to protrude two feet into the setback. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 page 11 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST, BASED ON THE FINDINGS OF FACT THAT SUPPORT THE GRANTING OF THE VARIANCE REQUESTED HEREIN. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its March 4, 2020 meeting. C) PLANNING CASE 2020-01 GRAND REAL ESTATE ADVISORS, THE VILLAGE AT MENDOTA HEIGHTS AT 725 LINDEN STREET AND 735 MAPLE STREET – CONDITIONAL USE PERMIT TO AMEND A PLANNED UNIT DEVELOPMENT (PUD) Community Development Director Tim Benetti explained that Grand Real Estate Advisors is requesting approval to amend a previously approved planned unit development (PUD) development plan, which would allow a new mixed-use development proposal for the city-owned lots, generally located in The Village at Mendota Heights. The lots are bounded by Dodd Road to the west, Maple Street to the south, and Linden Street to the east. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Toth commented that parking is a premium in the metro area and would hope that the employees of the restaurant would understand that the premium parking spaces are for customers and employees should park further away. He referenced the parking identified on the street on Maple, noting that the City of Mendota Heights plows that area but acknowledging that the street width becomes smaller in the winter with accumulated snow. He suggested that perhaps the City does its best to keep those areas cleared. Commissioner Katz referenced the comment that the intersection at 62 and Dodd maybe an issue at the future but would be an issue of the County and asked for additional information. Community Development Director Tim Benetti explained that intersection has been studied in the past as there are known issues. He stated that there are alternatives and things that could alleviate that problem but because of the cost that will need to occur in the future. He noted that the new development proposed would not compound the issue. He stated that the State/County is aware of the project but the project falls into prioritized projects. Public Works Director Ryan Ruzek provided additional details on the proposed designs currently being reviewed for that intersection, noting that the future project would be a collaboration with MnDOT and the County as well. page 12 Commissioner Katz asked if the State would conduct its own traffic study before reviewing suggested designs. Public Works Director Ryan Ruzek agreed that is the process and noted that the City has been working with the State and County on this intersection for decades. He explained that if the City were to move forward without the State and County, the City would solely have to fund that improvement. Commissioner Katz asked if additional residents living in this proposed development would raise the attention of MnDOT. Public Works Director Ryan Ruzek explained that overall Dodd Road is a low volume road for MnDOT, and their efforts would focus more on 62. Commissioner Mazzitello commented that the 2017 traffic study reviewed the existing traffic conditions and assumed the worst case, most intensive development possible for the future and made recommendations for future improvements and the timing of those improvements. He explained that this development is less intensive than the originally planned development for the site and therefore the 2017 traffic study would still be relevant. Commissioner Corbett asked who owns the underground parking space. Community Development Director Tim Benetti replied that would be a privately-owned underground parking area but would be available for public use. Commissioner Corbett asked if an agreement would be necessary to use that for employee parking. Community Development Director Tim Benetti replied that an agreement would not be necessary as the parking would be available for public parking under the PUD. Commissioner Toth stated that his understanding was that the discussion was about employee parking tonight but would not require any specific employee parking. Community Development Director Tim Benetti confirmed that to be true. He stated that it is the management of the site and business. Commissioner Petschel asked if staff has reviewed the impervious surface comparison and finds that to be acceptable/accurate. Public Works Director Ryan Ruzek confirmed that as proposed this would meet the City’s goals and requirements. He referenced the storm water pond on the corner of Dodd and 62, noting that was originally sized for 19 townhome units and therefore would accommodate the proposed development along with the infiltration proposed. page 13 Judd Fenlon, Grand Real Estate Advisors, stated that he and his team are present tonight to address any questions the Commission may have. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO REOPEN THE PUBLIC HEARING. AYES: 7 NAYS: 0 Cindy Johnson, Master Gardener, stated that she works with the City related to pollinator friendly and sustainable landscaping. She thanked the developer for meeting with her, noting that they were very open to hearing about the information she shared. She stated that she was pleased to report that after the meeting, changes were made to make the plan is now more pollinator friendly and more sustainable. She highlighted some of the recommended changes that were discussed and those that were incorporated into the new landscaping plan. She believed that this modified plan will be a beneficial plan that will accomplish the goals of the developer but will also be sustainable and long lived. Chair Magnuson referenced the change from mulch to turf and asked if there was discussion on how turf maintenance would have an impact on the pollinator friendly goals. Ms. Johnson replied that they had discussed that the groundcover would be a better choice. She noted that there was discussion of minimal herbicide use and they did mention the high maintenance of turf grass. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. Jack Ammerman, Civil Design Engineer with Wenck, stated that they can continue to work with the Master Gardeners to come to a plan that would satisfy all parties. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER FIELD, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT APPROVING AN AMENDMENT TO THE 2002 MENDOTA HEIGHTS TOWN CENTER (THE VILLAGE AT MENDOTA HEIGHTS), WHICH WOULD ALLOW A NEW MIXED-USE DEVELOPMENT CONSISTING OF A 48-UNIT SENIOR APARTMENT BUILDING WITH A RESTAURANT, BASED ON THE FINDINGS OF FACT AND WITH THE FOLLOWING CONDITIONS: 1. THE DEVELOPER SHALL ENTER INTO A DEVELOPMENT AGREEMENT WITH THE CITY OF MENDOTA HEIGHTS, IN A FORM PREPARED BY THE CITY page 14 ATTORNEY; AND FINAL DRAFT SHALL BE APPROVED BY THE CITY COUNCIL. 2. DEVELOPER SHALL PROVIDE A CLEARLY MARKED CROSSWALK ON AMPLE STREET OVER TO THE SEPARATED PARKING LOT, WITH FINAL LOCATION AND DESIGN APPROVED BY THE PUBLIC WORKS DIRECTOR. 3. NECESSARY DRAINAGE AND UTILITY EASEMENTS SHALL BE INCLUDED ON THE FINAL PLAT, AS DETERMINED BY THE PUBLIC WORKS DIRECTOR AND IF NECESSARY, THE SAINT PAUL REGIONAL WATER SERVICES. 4. ALL NEW BUILDINGS SHALL BE CONSTRUCTED ONLY IN CONFORMANCE TO BUILDING AND SITE PLANS CERTIFIED BY A REGISTERED ARCHITECT AND ENGINEERS (AS APPLICABLE); AND IN ACCORDANCE WITH ALL ARCHITECTURAL AND BUILDING STANDARDS FOUND UNDER TITLE 12-1E- 8, SUBPART F “ARCHITECTURAL CONTROLS” AND SUBPART G – STRUCTURAL, ELECTRICAL AND MECHANICAL REQUIREMENTS. 5. ANY GROUND-LEVEL MECHANICALS AND UTILITY APPURTENANCES, MUST BE SCREENED WITH VEGETATION OR ONE OR MORE OF THE MATERIALS USED IN THE CONSTRUCTION OF THE PRINCIPAL STRUCTURE, WITH MUST BE REVIEWED AND APPROVED BY THE PLANNING DEPARTMENT AS PART OF THE BUILDING PERMIT PROCESS. 6. PLANT MATERIAL SHALL BE UTILIZED AS A SCREENING ELEMENT FOR ANY BUILDING UTILITY AREAS, BUT SHALL NOT OBSTRUCT FIRE DEPARTMENT CONNECTIONS OR HYDRANTS, TO BE REVIEWED BY THE PLANNING AND FIRE DEPARTMENTS AND VERIFIED AS PART OF THE BUILDING PERMIT REVIEW PROCESS. 7. A PARK DEDICATION FEE OF $4,000/RESIDENTIAL UNIT SHALL BE PAID AT TIME OF BUILDING PERMIT APPROVALS. 8. A PERFORMANCE BOND OR LETTER OF CREDIT SHALL BE SUPPLIED BY THE APPLICANT IN AN AMOUNT EQUAL TO AT LEAST ONE AND ONE-HALF TIMES THE VALUE OF SUCH SCREENING, LANDSCAPING, OR OTHER IMPROVEMENTS, TO BE INCLUDED AS PART OF THE DEVELOPMENT AGREEMENT. 9. THE DEVELOPER AND/OR THEIR RESPECTIVE AGENTS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING IN A CONDITION PRESENTING A HEALTHY, NEAR AND ORDERLY APPEARANCE AND FREE FROM REFUSE AND DEBRIS. PLANTS AND GROUND COVER WHICH ARE REQUIRED BY AN APPROVED SITE OR LANDSCAPE PLAN AND WHICH HAVE DIED SHALL BE REPLACED AS SOON AS SEASONAL OR WEATHER CONDITIONS ALLOW. ALL LANDSCAPE AREAS MUST BE IRRIGATED. 10. THE PROPOSED WATER SYSTEM SHALL BE DESIGNED AND CONSTRUCTED TO SAINT PAUL REGIONAL WATER SERVICE (SPRWS) STANDARDS. 11. BUILDING AND GRADING PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION COMMENCEMENT. 12. ALL GRADING AND CONSTRUCTION ACTIVITIES AS PART OF THE PROPOSED DEVELOPMENT SHALL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS AND CODES, AS WELL AS IN page 15 COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 13. ALL APPLICABLE FIRE AND BUILDING CODES, AS ADOPTED/AMENDED BY THE CITY, SHALL APPLY AND THE BUILDINGS SHALL BE FULLY PROTECTED BY AN AUTOMATIC FIRE SPRINKLER SYSTEM. Further discussion: Commissioner Mazzitello commended the applicant for providing the information requested by the Commission at the last meeting prior to tonight’s meeting and for working cooperatively with the Master Gardeners. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its March 4, 2020 meeting. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: • The chicken ordinance recommended by the Commission was adopted by the City Council. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 7:56 P.M. AYES: 7 NAYS: 0 page 16 DATE: April 7, 2020 TO: Mayor and City Council FROM: Dave Dreelan, Fire Chief SUBJECT: Resolution Accepting a Donation to the Fire Department COMMENT: Introduction The City Council is asked approve a resolution accepting a donation to the Mendota Heights Fire Department. BACKGROUND Minnesota State Statute 465.03 “Gifts to Municipalities” requires that all donations to a city government be acknowledged by a resolution, and that the donor be recognized. A donor, who wishes to remain anonymous, has donated $20,000 to the Mendota Heights Fire Department. The donor asks that these funds be used for general fire department activities. A thank you letter will be sent to the donor, along with a copy of the signed resolution. BUDGET IMPACT There is no impact on the operating budget. However, it will provide the opportunity to things which would otherwise not likely have been able to be done. The City is grateful for the generous donation. RECOMMENDATION To comply with State law, the Council should, by motion, acknowledge this donation through the adoption of the following resolution: RESOLUTION 2020-26 ACCEPTING AN ANONYMOUS DONATION TO THE MENDOTA HEIGHTS FIRE DEPARTMENT page 17 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-26 ACCEPTING AN ANONYMOUS DONATION TO THE MENDOTA HEIGHTS FIRE DEPARTMENT WHEREAS, Minnesota State Statute requires a resolution be approved by the governing body to accept gifts to municipalities; and the City has previously acknowledged gifts with a resolution as required by law; and WHEREAS, the City of Mendota Heights encourages and supports citizens who wish to participate in government; and WHEREAS, the City Council of the City of Mendota Heights has duly considered these matters, and wishes to acknowledge the civic mindedness of citizens and officially recognize their donations; and WHEREAS, a donor who wishes to remain anonymous has generously donated $20,000 to the Mendota Heights Fire Department, with the understanding that said donation be used for general fire department activities. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights gratefully accepts the anonymous donation of $20,000 for use by the Mendota Heights Fire Department. Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 18 DATE: April 7, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Amendment to Purchase Agreement for Development of Village Lots Comment: Introduction: The City Council is asked to affirm an amendment regarding a performance date in the Purchase Agreement by and between the City of Mendota Heights, and the developers of the apartment/restaurant building proposed for the lots in the Village development which are currently owned by the City. Background: The City and Grand Real Estate Advisors, LLC (GREA) entered into a Purchase Agreement for the development of the City-owned Village lots on August 20, 2019. GREA has subsequently changed its name to MH Development, LLC. That agreement spells out certain responsibilities of each party in order for this project to move ahead. Included was a provision that the buyer complete its “due diligence” tasks by March 30, 2020. That involves receiving the approvals of the City for development related activities, and that financing for the project be obtained. A closing is to take place within 30 days of the contingency date. The developer has proceeded, and has received the necessary approvals from the City. However, because of the certainly unanticipated turmoil in recent financial markets, MH Development has been unable to get the necessary approvals for financing the project. We are told that the lending agents which whom the developer does business are still very interested in the project, but many of their other clients have had to take a higher priority of their time in order to meet short term cash-flow emergencies. As a result, new projects, such as the Village lots development, have had to take a “backseat”. The developer has therefore requested of the City a 30 day extension of the “due diligence” date in order to secure funding commitments. The closing would take place within 30 days after that extended date. We have been assured that the developer is still committed to moving this ahead—they have already made a significant investment of resources for this project. Construction plans for the building have been dropped off, and are being reviewed at this time. The requested change is in Section 4 (Contingencies) of the agreement, and that that date now be changed to April 30, 2020. Note that there would be other descriptive changes in the Purchase Agreement since this was drafted—the co-working space is still referenced, and the number of apartment units has increased— but the City Attorney advises that those are not relevant to this Amendment. page 19 Because of the March 30th date which was in the purchase agreement, the attorney for the developer wanted to have a written commitment from the City that the extension was granted. I discussed this with the City Attorney. As it was evident that a special remote City Council meeting couldn’t be convened and held by that time, it was determined that the Mayor should approve this on March 30, and that the full Council could then ratify it after the fact. For that reason, this is on the City Council agenda for your consideration on April 7th. Recommendation: The Council should affirm the earlier actions taken concerning the 1st Amendment to the Purchase Agreement, extending the time for the Due Diligence activities to be completed by April 30, 2020. Action Required: If the Council concurs, it should, by motion, affirm the 1st amendment to the agreement with MH Development, LLC, made on behalf of the City Council by Mayor Neil Garlock on March 31, 2020, which would extend the due diligence date for the Village lots development. Mark McNeill City Administrator page 20 page 21 FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This First Amendment to Real Estate Purchase Agreement(the "Amendment") is entered into by and between the CITY OF MENDOTA HEIGHTS, MINNESOTA, a municipal corporation and political MH Development subdivision under the laws of the State of Minnesota (the "Seller"), and y LLC 1"""Ni l"'""""'"' ;""°°°°l" t@; a Minnesota limited liability company (the `Buyer"), and is effective as of the 31 st day of March,2020. A. The parties hereto have previously entered into a Real Estate Purchase Agreement, dated as of August 20, 2019 (the"Agreement"), in which the Seller has agreed to sell and the Buyer has agreed to buy real property located in "The Village at Mendota Heights" development consisting of 2.70 acres, legally described as Lot 1, Block 2, Lot 1, Block 3, Lot 2, Block 3, and Outlot D, all in the Mendota Heights Town Center plat,Dakota County, Minnesota. B. The parties hereto seek to amend the Agreement to include extensions of time for the conclusion of the Contingency Date and the Closing Date. C. All capitalized but undefined terms in this First Amendment shall have the same defined terms as provided in the Agreement. In consideration of the foregoing and of the following terms and conditions, the parties agree as follows: 1. Contingency Date. Section 4 of the Agreement (Contingencies) shall be amended to change the Contingency Date from"March 31,2020"to"April 30,2020." 2. Closing Date. The parties understand and acknowledge the Closing Date will continue to be scheduled for 30 days after the Contingency Date, or such earlier date as agreed to by the parties in writing. 3. No Other Amendments. Other than as described in this First Amendment,the Agreement remains in full force and effect. Any future amendments to the Agreement must be agreed to in writing by the parties hereto. This First Amendment may be executed in counterparts, with each counterpart consisting of an original document. [signatures on following page] page 22 Buyer and Seller have executed this First Amendment to Real Estate Purchase Agreement-on-the BUYER: MH Development LLC By: Name: Judd Fenlon Its: Manager SELLER: CITY OF MENDOTA HEIGHTS,MINNESOTA By: C Name: Neil Garlock Its: Mayor 4 T` By: Name: Lorri Smith Its: City Clerk REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement (the "Agreement") is entered into by and between the CITY OF MENDOTA HEIGHTS, MINNESOTA, a municipal corporation and political subdivision under the laws of the State of Minnesota (the "Seller"), and MH DEVELOPMENT LLC, a Minnesota limited liability company (the "Buyer"), and is effective as of the 20th day of August , 2019 (the "Effective Date"). A. The Seller owns real property located in "The Village at Mendota Heights" development consisting of 2.70 acres, which is legally described on the attached Exhibit A (the Real Property"). B. The City Council of the Seller issued a document in March 2019 entitled Request for Proposals — Residential or Commercial Development Opportunity for City-Owned Vacant Lots at The Village at Mendota Heights" (the "RFP"), which RFP was responded to by prospective buyers and developers. C. At its meeting on June 4, 2019, after considering all responses to the RFP, the City Council of the Seller approved the selection of the Buyer as the preferred buyer and developer of the Real Property, and directed City staff to negotiate with the Buyer and prepare this Agreement. D. In its RFP response, the Buyer proposed to construct a three-story building with approximately 42 apartment units (each unit to be occupied by at least one resident 55 years of age and over, in accordance with the Housing for Older Persons Act, as amended), an approximately 4,700 square foot restaurant, and an approximately 2,000 square foot co-working space, with underground parking, surface parking, a trail connection, landscaping, and green space (collectively, the "Project"). E. The Seller desires to sell and the Buyer desires to purchase the Real Property, pursuant to the terms and obligations contained in this Agreement. In consideration of the foregoing and of the following terms and conditions, the parties agree as follows: I.Sale and Purchase. The Seller agrees to sell to the Buyer, and the Buyer agrees to purchase from the Seller, upon the terms and conditions set forth below, fee simple title to the Real Property, along with any appurtenant easements and related property rights, and all other improvements located thereon. 2. Purchase Price. The total purchase price to be paid by the Buyer to the Seller for the Real Property (the "Purchase Price") shall be One Million One Hundred Ten Thousand and No/100 Dollars ($1,110,000.00), subject to adjustment as provided in Section 6 below. The Purchase Price shall be payable as follows: page 23 a) $10,000, as earnest money (the "Earnest Money") to be deposited with Commercial Partners Title, LLC (the "Title Company") within five business days following the Effective Date; b) the balance, to be payable on the Closing Date (herein defined), subject to adjustment for prorations in accordance with this Agreement. The Earnest Money shall be credited against the Purchase Price at Closing, provided that this Agreement is not otherwise terminated. 3.Inspections and Examinations. Buyer and Seller agree as follows: a) Right of Entry. Commencing on the Effective Date through the Contingency Date (herein defined) or earlier termination of this Agreement, the Buyer, its employees, agents, contractors and subcontractors, shall have the right from time to time, upon reasonable prior notice to the Seller, to enter upon the Real Property during normal business hours to make non-invasive inspections at the Buyer's sole risk, cost and expense. The Seller shall have the right to accompany the Buyer during any activities performed by the Buyer on the Real Property. The provisions herein that limit invasive testing notwithstanding, Buyer's inspections may include a Phase 11 environmental inspection if recommended by a Phase I assessment, as well as all necessary soil borings and soil testing. All inspections shall be made in accordance with applicable laws and at the Buyer's sole expense. The Buyer shall use care and consideration in connection with its inspections and shall not damage the Real Property. If any inspection or test disturbs the Real Property, the Buyer shall restore the Real Property to its original condition as of the date of this Agreement after the completion of the inspections. The Buyer shall keep the Real Property free and clear of any liens arising from its inspections and will indemnify, defend, and hold the Seller harmless from all claims and liabilities asserted against the Seller or sustained by the Seller as a result of any such entry or inspections or violation of this paragraph by the Buyer, its agents, employees, or representatives, provided that Buyer shall not be liable for existing conditions. The terms of this paragraph shall survive termination of this Agreement and the Closing. The Buyer shall deliver to the Seller copies of all third parry reports with respect to the Real Property and prepared for the Buyer (the "Third Party Reports") within five (5) business days of the Buyer's receipt of the same. b) Documents and Materials. Within 20 days of the Effective Date, the Seller shall provide the Buyer with copies of any of the following documents relating to the Real Property that are within Seller's possession: surveys, environmental reports, title insurance reports and policies, and property inspection reports (the "Seller Documents"). The Seller makes no representation or warranty regarding the Seller Documents or any other materials relating to the Real Property that are delivered to the Buyer. Buyer may not disclose the Seller Documents, except to those officers, employees, and other authorized agents and representatives of the Buyer (including but not limited to accountants, attorneys and lenders) to whom disclosure is reasonably necessary in connection with the Buyer's due diligence on the Real Property. The terms of this 2 page 24 paragraph shall survive termination of this Agreement but shall expire upon consummation of the Closing. 4.Contingencies. The obligations of the Buyer under this Agreement are conditioned upon the Buyer's approval, no later than 5:00 p.m. (Central Time Zone) by March 31, 2020 (the "Contingency Date"), of the following contingencies in the Buyer's sole discretion the"Contingencies"): a) Physical. Inspection of all physical aspects of the Real Property. b) Legal Entitlements. Receipt from the Seller of all legal entitlements necessary to own and operate the Project on the Real Property. "Legal entitlements" includes, but is not limited to, all zoning and regulatory requirements under state law and the Mendota Heights City Code related to the Project. These requirements include, but are not limited to, necessary local, state and federal approvals related to zoning, land use, rezoning (if necessary), variances (if necessary), conditional use permits (if necessary), signage, watershed, environmental and other governmental approvals, and shall include the Development Agreement contemplated by Section 20.a of this Agreement. The Seller acknowledges the Real Property is currently zoned as MU-PUD Mixed Use, and will undertake best efforts to cooperate with the Buyer to timely process the Buyer's required land-use approvals. c) Environmental. Review of all environmental reports and performance of such other environmental assessments in accordance with Section 3 above. d) Utilities. Review and confirm that utilities are available and are suitable for the Buyer's requirements, including gas, water, electrical, sanitary sewer and storm sewer. e) Access. Determine that the Property has sufficient access for its intended use. f) Title. Confirm that all title requirements (see Section 9) are acceptable to the Buyer. g) Financing. On or before the Contingency Date, the Buyer shall close on financing for the Purchase Price of the Real Property and the costs to develop, construct and equip the Project, in a total amount and on terms acceptable to the Buyer. In lieu of closing on such financing on or before the Contingency Date, the Buyer shall submit a letter of commitment from its lender, in form acceptable to the Seller and the City Attorney. h) General. Determine that Buyer is satisfied with all other due diligence considerations with respect to the Property. The contingency set forth in this Section 4 shall automatically terminate and be void and of no further effect, if the Buyer has not terminated this Agreement by having notified the Seller of such termination by the Contingency Date (such notice is referred to as the "Notice to 3 page 25 Terminate"). Upon a termination pursuant to this Section, (i) the Title Company shall promptly return the Earnest Money to the Buyer, and (ii)the Buyer shall return all of the Seller Documents to the Seller and deliver to the Seller any Third Party Reports that were not previously delivered to Seller, and upon such return, neither party shall be further liable to the other hereunder. Only provisions that explicitly survive this Agreement (the "Surviving Covenants") shall remain in effect after a termination pursuant to this Section. 5.Closing. The closing of the transactions contemplated by this Agreement (the Closing") shall occur thirty (30) days following the date of the Contingency Date or such earlier date agreed to by the parties in writing (the "Closing Date"). The Closing shall take place at the office of the Title Company. The Seller shall deliver possession of the Real Property to the Buyer on the Closing Date. a) Seller Closing Documents. On the Closing Date, the Seller shall execute and deliver to the Buyer the following (collectively, the "Seller Closing Documents"): i) Deed. A Limited Warranty Deed (the "Deed") conveying fee simple title to the Real Property to the Buyer, free and clear of all encumbrances, except the Permitted Encumbrances, in the form attached to this Agreement as Exhibit B. ii) Seller's Affidavit. A standard form affidavit of the Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving the Seller or the Real Property; that there has been no labor or material furnished to the Real Property for which payment has not been made or for which a mechanic's or materialman's lien could be filed; and that there are no other unrecorded interests in the Real Property. iii) FIRPTA Affidavit. A non-foreign affidavit containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. iv) Settlement Statement. A Closing settlement statement prepared by the Title Company reflecting the financial provisions of this Agreement (the Settlement Statement"). v) Bring Down Certificate. A Bring Down Certificate pursuant to the terms of Section 7 of this Agreement. vi) Such other documents as may be reasonably required or requested by the Title Company or Buyer. b) Buyer Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer Closing Documents"): i) Purchase Price. The remainder of the Purchase Price, as provided by Section 2(c) of this Agreement. 4 page 26 ii) e-CRV. An Electronic Certificate of Real Estate Value in form acceptable to the Title Company and the Seller. iii) Settlement Statement. The Settlement Statement. iv) Such other documents as may be reasonably required or requested by the Title Company or Seller. 6.Other Expenses. The parties shall be responsible for the following expenses at Closing: a) Title Insurance and Closing Fee. The Seller shall pay all costs of the Title Commitment (defined herein). The parties will each pay one-half of the closing fee or charge imposed by Title Company. The Buyer shall pay the premium costs for any owner's or lender's Title Policy which it desires. b) Transfer Tax. The Seller shall pay all state deed transfer taxes due on the Deed to be delivered by Seller under this Agreement. c) Recording Costs. The Buyer will pay the cost of recording the Deed and all other associated documents. The Buyer shall pay any mortgage registration tax payable in connection with the financing of its purchase of the Real Property. d) Attorney Fees. Each parry shall each pay its own attorney fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a parry defaulting under this Agreement or any of its respective Closing Documents shall pay the reasonable attorney fees and court costs incurred by the non- defaulting parry to enforce its rights regarding such default. e) Income and Expenses. All income and expenses related to the Real Property shall be prorated as of the date of Closing. Specifically, Seller will pay, on or before the Closing Date, all special assessments levied, pending or deferred as of the Closing Date. General real estate taxes payable in the year in which Closing occurs shall be prorated on a daily basis, as of the Closing Date. The obligations and responsibilities of each party under this Section shall survive Closing. 7.Representations and Warranties of Seller. The Seller represents and warrants to the Buyer as follows: a) Organization and Authority. The Seller is a duly organized municipal corporation and political subdivision under the laws of the State of Minnesota. Through approving action of its governing body, the Seller has all requisite power and authority to execute, deliver and perform its obligations under this Agreement and all of the other documents and instruments delivered in accordance with this Agreement. 5 page 27 b) Fee Owner. The Seller is the fee title owner of the Real Property and has full power and authority to convey good and marketable title to the Real Property to the Buyer as identified in this Agreement. c) No Liens. As of the Closing Date, all payments will have been made for all labor and materials, if any, furnished to the Real Property by or on behalf of the Seller. d) Enforceability of Documents. Upon execution by the Seller, this Agreement and the other documents and instruments delivered in accordance with this Agreement to which the Seller is a party shall constitute the legal, valid and binding obligations of the Seller, enforceable against the Seller in accordance with their respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, arrangement, moratorium, or other similar laws relating to or affecting the rights of creditors generally, or by general equitable principles. The Seller has not entered into any other contracts for the sale or lease of the Real Property, nor as of the Closing Date will there be any rights of refusal or options to purchase the Real Property. e) Violation ofLaws. To the Seller's knowledge, since it obtained ownership of the Real Property, the Seller has received no written notice from any governmental authority that the Real Property violates any applicable local, state or federal law; and there are no pending or uncured notices from a governmental authority relating to the Real Property. f) Compliance with Agreements. The execution and delivery of this Agreement and the compliance with the terms of this Agreement will not conflict with and will not result in a breach of any of the terms or provisions of or constitute a default under any agreement applicable to the Seller regarding the Real Property. g) Proceedings. To the Seller's knowledge, it has received no written notice of any actual or threatened action, litigation, investigation or proceeding of any kind pending against the Seller (that would prevent the Seller from performing its obligations under this Agreement) or the Real Property (including but not limited to condemnation proceedings). h) Foreign Ownership. The Seller is not a "foreign person" (as defined in Section 1445(f)(3) of the Internal Revenue Code and regulations issued thereunder). i) Hazardous Substances. The Seller warrants that, to the Seller's knowledge during its term of ownership of the Real Property, the Real Property has not been used for the storage of hazardous substances or petroleum products and, as of the date of this Agreement, the Seller is not aware of any facts of the existence of which would constitute the violation of any local, state or federal environmental law, regulation or review procedure which would give any person a valid claim under the Minnesota Environmental Rights Act or the Federal Comprehensive Environmental Response, Compensation, and Liabilities Act. 0) Wells, Sewage Treatment Systems, Storage Tanks, Methamphetamine. Except as disclosed in any environmental reports in the Seller's possession, to the Seller's 6 page 28 actual knowledge, there are (i) no operating or abandoned wells on or under the Real Property, (ii) no individual sewage treatment systems on or serving the Real Property, iii) no above ground or underground tanks are located in or about the Real Property, and iv)no methamphetamine production has occurred on the Real Property. k) No Tenants. The Seller has no existing tenants or leases with any person or corporation for the Real Property, nor are there any parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, nor has any party has been granted any license, lease, or other right relating to use or possession of the Property. 1) Right of Access. There is a right of access to the Real Property from a public right-of-way. m) Floodplain. The Seller has no knowledge or notice that any part of the Real Property is located within a floodplain or a soil erosion hazard area. No storm water systems at the Real Property are connected to sanitary sewer lines. n) Green Acres. No part of the Real Property is currently in "Green Acres" status for real estate tax purposes nor has any part of the Real Property been in "Green Acres" status during any prior period which would materially limit development of the Project on the schedule contemplated by this Agreement. o) No Personal Property. No personal property is being transferred to the Buyer under this Agreement. p) Compliance with Agreements. The execution and delivery of this Agreement and the consummation of the transaction contemplated by this Agreement do not conflict with and will not, with or without notice or the passage of time, or both, result in a breach of any of the terms or provisions of or constitute a default under any instrument to which the Seller is a party or by which the Seller or its property is bound. All representations of the Seller contained in this Agreement shall survive Closing for a period of twenty-four months. At Closing, an authorized officer of the Seller shall execute and deliver to the Buyer a certificate of the Seller certifying that the representations contained in this Section are true as of the Closing or, if such representations are no longer true, describing, in detail, the reasons why the representations are no longer true (the "Bring Down Certificate"). In the event that any of representations, warranties or covenants set forth in this Agreement are not true and correct as of the Closing Date, in addition to other remedies provided herein, the Buyer may terminate this Agreement and receive a complete refund of the Earnest Money, or may elect to Close under this Agreement notwithstanding the failure of such representation or warranty by the Seller, in which event the Closing shall not be deemed a waiver of the failure of such representation or warranty EXCEPT ONLY FOR THE REPRESENTATIONS AND WARRANTIES MADE BY THE SELLER IN THIS AGREEMENT OR IN ANY OF THE SELLER'S CLOSING DOCUMENTS DELIVERED AT CLOSING, THE BUYER AGREES THAT IT IS 7 page 29 PURCHASING THE REAL PROPERTY ON AN "AS IS" WITH "ALL FAULTS" BASIS BASED ON THE BUYER'S OWN INVESTIGATION OF THE REAL PROPERTY. 8.Representations and Warranties of Buyer. The Buyer represents and warrants to the Seller as follows: a) Organization and Authority. The Buyer is duly organized and formed, validly existing and in good standing under the laws of the State of Minnesota. The Buyer has all requisite power and authority to execute, deliver and perform its obligations under this Agreement and all of the other documents and instruments delivered in accordance with this Agreement and to carry out the Project. The individuals who have executed this Agreement on behalf of the Buyer have been duly authorized to do so. b) Enforceability of Documents. Upon execution by the Buyer, this Agreement and the other documents and instruments delivered in accordance with this Agreement shall constitute the legal, valid and binding obligations of the Buyer, enforceable against it in accordance with their respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, arrangement, moratorium, or other similar laws relating to or affecting the rights of creditors generally, or by general equitable principles. c) Office ofForeign Assets Control (OFAQ List. The Buyer is not currently identified on the OFAC List, and is not a person with whom a citizen of the United States is prohibited from engaging in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or executive order of the President of the United States. All representations of the Buyer contained in this Agreement shall be true on the Closing Date and shall survive Closing for a period of six months. 9.Title Matters. Title examination shall be conducted as follows: a) Seller's Title Evidence. i) Survey. The Seller shall deliver to the Buyer, within 15 days after the Effective Date, a copy of the Seller's most current survey of the Real Property, if available (the "Survey"). If the Buyer desires to update the Survey, it shall order the updated survey (the Updated Survey"), at Buyer's sole expense, no later than five business days following receipt of the Survey and Title Commitment(herein defined). ii) Title Commitment. Within 30 days following the Effective Date, the Seller shall cause the Title Company to deliver to the Buyer a current commitment (the "Title Commitment") for an ALTA Form B 2006 Owner's Policy of Title Insurance (the "Title Policy") committing to insure marketable title to the Real Property 8 page 30 in the Buyer, subject only to the Permitted Encumbrances, in the amount of the Purchase Price. b) Buyer's Objections. No later than 5:00 p.m. (Central Time Zone) on or before the date that is 15 days after the Buyer's receipt of the Title Commitment and Survey (or, if an Updated Survey is timely ordered in accordance with subparagraph (a) above, the Updated Survey), whichever occurs last, the Buyer shall notify the Seller of any matters in the Title Commitment and Survey which the Buyer finds objectionable the "Objections"). The Buyer's failure to make Objections within such time period will constitute a waiver of the Buyer's right to make Objections. Any matter disclosed by the Title Commitment and not timely objected to by the Buyer shall be a "Permitted Encumbrance". c) The Seller shall cooperate with the Buyer and use reasonable efforts to cure any Objections within 60 days after receipt of the Objections (the "Cure Period"), during which the Closing will be postponed as necessary. If the Objections are not cured within the Cure Period, the Buyer will have the option to do either of the following by notice to the Seller and the Title Company within five days after the expiration of the Cure Period or such earlier date that the Seller notifies the Buyer that it will not cure one or more Objections: i) terminate this Agreement, in which event the Earnest Money shall be returned to the Buyer, a Quit Claim Deed shall be delivered from the Buyer to the Seller, and thereafter this Agreement shall be void and of no further effect except for the Surviving Covenants; or ii) waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made; or iii) for Objection(s) that exist only due to the Seller's actions or inactions during its ownership of the Real Property, the Buyer may attempt to satisfy such Objection(s) at Seller's expense, which Buyer may collect by receiving a credit against the Purchase Price, up to a maximum expense to Seller of $10,000, and delay Closing for up to sixty (60) days and, if Buyer does not satisfy such Objection, Buyer may take either of the actions in (i) or(ii). If no such notice is timely given by Buyer and Buyer proceeds to Closing, Buyer shall be deemed to have waived the Objections. 10. Damage. If, prior to the Closing Date, all or any part of the Real Property is substantially damaged by fire, other casualty, natural elements or any other cause, the Seller shall immediately give notice to the Buyer of such fact, and, at the Buyer's option (to be exercised by notice to the Seller and the Title Company within 10 days after the Seller's initial notice), this Agreement shall terminate, in which event the Title Company shall return the Earnest Money to the Buyer. Upon such Earnest Money return, neither the Seller nor the Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants. If the Buyer does not elect to terminate this Agreement despite such damage, or if the Real Property is 9 page 31 not substantially damaged, the Seller shall promptly and diligently commence to repair such damage or destruction and return the Real Property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date, then there shall be no reduction in the Purchase Price, and the Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date, but the Seller is diligently proceeding to repair, then the Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; however, the Buyer shall have the right to delay the Closing Date until repair is completed. For purposes of this Section, the words "substantially damaged" mean damage that would cost$25,000 or more to repair. 11. Condemnation. If,prior to the Closing Date, any governmental entity commences any eminent domain proceedings (the "Proceedings") against all or any part of the Real Property, the Seller shall immediately give notice to Buyer of such fact, and, at the Buyer's option (to be exercised by notice to the Seller and the Title Company within 15 days after the Seller's initial notice), this Agreement shall terminate, in which event the Title Company shall return the Earnest Money to the Buyer. Upon such Earnest Money return, neither the Seller nor the Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants. If the Buyer does not give such notice, then there shall be no reduction in the Purchase Price, and the Seller shall assign to the Buyer at the Closing Date all of the Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, the Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without the Buyer's prior written consent. 12. Assignment. The Buyer shall not assign this Agreement without the prior written consent of Seller. Any such permitted assignment shall not release the Buyer from its obligations under this Agreement. The foregoing notwithstanding, the Buyer may assign this Agreement to a party that is under common control with Buyer. 13. Notices. All notices shall be in writing and considered to have been duly given if sent by first class certified mail or delivered to the return address as set forth below by reputable overnight delivery service or local messenger, or to such other address as such party may hereafter designate by written notice to the other party. Notices may also be sent by email. Notices given by certified mail shall be effective five business days after their postmark; notices delivered by overnight delivery service or local messenger shall be effective upon receipt or refusal of receipt; and notices by email shall be effective upon delivery, provided that if an email notice is delivered after 5:00 PM or on a non-business day, then such email notice shall be effective on the next business day. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Notice by a parry shall be effective if delivered by such party's attorney. To Seller: City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, Minnesota 55118 Attn: Mark McNeill, City Administrator t] 651.452.1850 e] markm@mendota-heights.com 10 page 32 Copy to: Best& Flanagan LLP 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 Attn: Andrew J. Pratt, City Attorney t] 612.843.5823 e] apratt@bestlaw.com To Buyer: MH Development LLC c/o Grand Real Estate Advisors, LLC 90 Dale Street South Saint Paul, Minnesota 55102 Attn: Judd Fenlon t] 651.492.1741 e]jfenlon@grandrea.com 14. Remedies. Time is of the essence of this Agreement. A party hereunder shall be entitled to not less than thirty days' notice of and right to cure any alleged default, prior to the other party enforcing its remedies hereunder. a) If the Buyer defaults in the performance of any of its obligations under this Agreement, the Seller may elect, as its sole remedy, to terminate this Agreement by written notice to the Buyer and the Title Company and upon such termination the Title Company shall promptly pay the Earnest Money to the Seller as liquidated damages, and thereafter this Agreement shall be void and of no further effect except for the Surviving Covenants. b) If the Seller defaults in the performance of any of its obligations under this Agreement, (including the Seller's obligation to close), the Buyer may elect, as its exclusive remedies, to (i) terminate this Agreement by written notice to the Seller and the Title Company, and, upon such termination, the Title Company shall promptly refund the Earnest Money to the Buyer, and thereafter this Agreement shall be void and of no further effect except for the Surviving Covenants, or (ii) seek specific performance of this Agreement, provided that no such action for specific performance shall be commenced more than 180 days after the date on which the Seller defaults. 15. Prior to Closing. During the period from the Effective Date to the Closing Date: a) The Seller will continue to maintain such amounts, levels and deductibles for insurance on the Real Property that it maintains on the Effective Date. b) The Seller will not (i) subject the Real Property to any new liabilities, financial or otherwise, (ii) solicit or respond to offers from other buyers for all or any part of the Real Property, engage in negotiations with others for the sale of all or any part of the Real Property, or agree to sell, assign or transfer all or any part of the Real Property to any other person or entity, or (iii) enter into any new contract or lease affecting the Real Property, without first obtaining the Buyer's written consent. 11 page 33 16. Title Company as Escrow Agent. The Title Company shall hold, invest and disburse the Earnest Money as provided in this Agreement. If there is any dispute as to whether the Title Company is obligated to deliver the Earnest Money, or as to whom the Earnest Money is to be delivered, the Title Company may refuse to make delivery and may continue to hold the Earnest Money until receipt by the Title Company of an authorization, in writing, signed by each of the parties hereto, directing the disposition of the Earnest Money; in the absence of such written authorization, the Title Company may hold the Earnest Money until a final determination of the rights of the parties by appropriate proceeding or may bring an appropriate action or proceeding for leave to deposit the Earnest Money in a court of competent jurisdiction pending such determination. The parties hereto recognize that the Title Company's duties under this Agreement are purely administerial in nature; and said parties therefore agree that the Title Company shall, so long as it acts in good faith and in accordance with this Agreement, have no liability to either party, except for the Title Company's willful misconduct or gross negligence. The parties hereto further indemnify the Title Company against, and agree to hold, save and defend the Title Company harmless from, any costs, liabilities and expenses incurred by the Title Company in discharging its duties under this Agreement, except for willful misconduct or gross negligence. The Title Company is an intended third-party beneficiary of this Section 16 of this Agreement. 17. Entire Agreement; Enforcement. This Agreement constitutes the complete agreement between the parties hereto and supersedes any previous oral or written agreements between them regarding the Real Property, including but not limited to, the RFP. No waiver of any of its terms or any verbal agreement will be effective unless in writing and signed by both parties. This Agreement shall inure to the benefit of, and shall be binding upon, the parties and their successors and assigns. This Agreement shall be construed according to the laws of the State of Minnesota, and the State District Court in Dakota County shall have exclusive jurisdiction to resolve any disputes regarding the intent, meaning or enforcement of this Agreement. Any provision of this Agreement which is void or unenforceable may be severed from the remaining provisions, without affecting the enforceability of the remaining provisions. This Agreement may not be amended except by a written agreement executed by the party to be charged with the amendment. 18. Business Days. If any date in this Agreement for the performance of any obligations by a party or for the delivery of any notice should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. 19. General. The Section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This Agreement binds and benefits the Seller and the Buyer and their respective successors and permitted assigns. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. All Exhibits referred to in and attached to this Agreement are incorporated in and made a part of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same Agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile transmission or electronic transmission (e.g., "pdf' or "tif') shall be effective as delivery of an 12 page 34 original executed counterpart of this Agreement. Upon request, a party shall deliver an original executed counterpart of this Agreement to the other parry. 20. Subsequent Requirements. a) Development Agreement. Before expiration of the Contingency Period, the parties hereto agree to negotiate and execute a Development Agreement, which will go into further detail on the construction parameters, financial securities, and land-use approvals of the Project. The Buyer may create a separate but affiliated corporate entity to enter into the Development Agreement. b) Homeowners' Association. The parties hereto understand and acknowledge the presence of a condominium homeowners' association (Common- Interest-Community No. 464), located at Lots 1 and 2, Block 4, and Lots 1, 2 and 3, Block 5, Mendota Heights Town Center, Dakota County, Minnesota (the "HOA"). As a part of the Development Agreement for the Project, the parties hereby agree to negotiate in good faith for the Buyer to financially support the operations of the HOA. signatures on following page] 13 page 35 Buyer and Seller have executed this Real Estate Purchase Agreement. BUYER: MH DEVELOPMENT LLC By: Judd Fenlon, Manager SELLER: CITY OF MENDOTA HEIGHTS,MINNESOTA By: CC..j c Name:Neil Garlock Its: Mayor e By. Name: Lorri Smith Its: City Clerk 14 page 36 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY Lot 1, Block 2, Mendota Heights Town Center, Dakota County, Minnesota. Lot 1, Block 3, Mendota Heights Town Center, Dakota County, Minnesota. Lot 2, Block 3, Mendota Heights Town Center, Dakota County, Minnesota. Outlot D, Mendota Heights Town Center, Dakota County, Minnesota. page 37 EXHIBIT B FORM OF LIMITED WARRANTY DEED LIMITED WARRANTY DEED eCRV: Deed Tax: $ Date: 2019 FOR VALUABLE CONSIDERATION, the City of Mendota Heights, Minnesota, a municipal corporation and political subdivision under the laws of the State of Minnesota (the "Grantor"), conveys to MH Development LLC, a Minnesota limited liability company (the "Grantee"), real property in Dakota County, Minnesota, legally described on the attached Exhibit A, together with all hereditaments and appurtenances belonging thereto (the"Real Property"). This Deed conveys after-acquired title. The Grantor warrants that it has not done or suffered anything to encumber the Real Property except any Permitted Encumbrances described on the attached Exhibit B. The Grantor certifies that it does not know of any wells on the described real property. Check here if part or all of the described real property is Registered (Torrens) page 38 Grantor: CITY OF MENDOTA HEIGHTS, MINNESOTA By: Neil Garlock Its: Mayor By: Lorri Smith Its: City Clerk STATE OF MINNESOTA ss. COUNTY OF DAKOTA This instrument was sworn to and subscribed before me on 2019, by Neil Garlock, the Mayor, and Lord Smith, the City Clerk, of the City of Mendota Heights, Minnesota, a municipal corporation and political subdivision under the laws of the State of Minnesota, on behalf of the political subdivision. Seal) Notary Public THIS INSTRUMENT DRAFTED BY: Tax Statements for the real property described in this instrument should be sent Best& Flanagan LLP (AJP)to: 60 South Sixth Street, Suite 2700 MH Development, LLC Minneapolis, MN 55402 c/o Grand Real Estate Advisors, LLC 612.339.7121 90 Dale Street South Saint Paul, Minnesota 55102 page 39 EXHIBIT A TO LIMITED WARRANTY DEED LEGAL DESCRIPTION OF REAL PROPERTY Lot 1, Block 2, Mendota Heights Town Center, Dakota County, Minnesota. Lot 1, Block 3, Mendota Heights Town Center, Dakota County, Minnesota. Lot 2, Block 3, Mendota Heights Town Center, Dakota County, Minnesota. Outlot D, Mendota Heights Town Center, Dakota County, Minnesota. page 40 EXHIBIT B TO LIMITED WARRANTY DEED PERMITTED ENCUMBRANCES page 41 REQUEST FOR COUNCIL ACTION DATE: April 7, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Technician SUBJECT: Proposed First Amendment to the Augusta Shores Conservation Easement Agreement COMMENT: INTRODUCTION The Council is asked to approve the First Amendment to the Augusta Shores Conservation Easement Agreement. BACKGROUND The Augusta Shores Homeowners Association wishes to amend its current Conservation Easement Agreement to include updated language that is similar to the agreement language of the Lemay Shores Conservation Easement, which is also located on Lake Augusta. The proposed amendment also includes more specific language in regards to vegetation removal, placement of structures, disposal and dumping, topography, and drainage and erosion control. DISCUSSION Members of the Augusta Shores Homeowners Association have reached out to City Staff, wishing to include more specific and updated language in their current Conservation Easement Agreement. The proposed changes would not impact the location or area of the designated easement, which is located adjacent to, and serves as a natural buffer between, the Augusta Shores townhomes and the shore of Lake Augusta. The proposed amendment includes more specific language in addition to the current language, such as: • 1. (a) Neither the Association nor the Owners may remove, destroy, cut, mow, or alter trees, shrubs and other vegetation within the Easement Area except (ii) to prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage; (iii) to maintain scenic views and diversity of native plant species • 1. (g) Vegetation may be planted on the Easement Area that is native to the area and appropriate to the natural lakeshore ecosystem. • 1. (h) Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation, are prohibited on the Easement Area. BUDGET IMPACT The proposed amendment will not have an impact on the City’s budget. page 42 RECOMMENDATION Staff recommends that the Council approve the First Amendment to the Augusta Shores Conservation Easement Agreement. ACTION REQUIRED If Council agrees with the staff recommendation, it should approve the First Amendment to the Augusta Shores Conservation Easement Agreement. AUGUSTA SHORES CONSERVATION EASEMENT AREA page 43 _____________________ (RESERVED FOR RECORDING INFORMATION) _____________________ FIRST AMENDMENT TO CONSERVATION EASEMENT AGREEMENT THIS FIRST AMENDMENT TO CONSERVATION EASEMENT AGREEMENT (the “First Amendment”) is entered into this _____ day of ___________________, 2020 by and among the City of Mendota Heights, Minnesota, a municipal corporation and political subdivision under the laws of the State of Minnesota (the “City”), Augusta Homes Townhome Association, a Minnesota nonprofit corporation (the “Association”), and the owners of units within the Augusta Homes Common-Interest- Community (the “Owners”). RECITALS A. The City and Hoffman Homes, Inc., a Minnesota corporation (the “Developer”) entered into a certain Conservation Easement Agreement, dated as of January 5, 2001, and recorded on __________________ at the Office of the County Recorder, Dakota County, Minnesota, as Document No. ______________ (the “Easement Agreement”), which Easement Agreement encumbered the Owner Tract with a permanent conservation easement in favor of the City. B. Since the Easement Agreement became effective, the Developer constructed a common- interest-community on the Owner Tract and sold units within such community to individual owners. A portion of the individual owners own properties subject to the Easement Agreement, which was and is effective against the Developer (as the original property owner), the Owners (as the Developer’s successors and assigns), and the Association (as the record owner of outlots located within the Owner Tract). C. The parties hereto now wish to amend the Easement Agreement to provide for various restrictions of activities over, upon and across the Easement Area, which is legally described on Exhibit A and sketched on Exhibit B, each attached hereto. Pursuant to Section 3 of the Easement Agreement, the Easement Agreement may be amended at any time only by a written and duly recorded instrument executed by the City and the then record owner of the Easement Area. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Amendment to Easement Agreement. Section 4 of the Easement Agreement (Use of Easement Area) is hereby amended and restated as follows: page 44 (a) Neither the Association nor the Owners may remove, destroy, cut, mow, or alter trees, shrubs and other vegetation within the Easement Area except (i) for areas immediately adjacent to the Easement Area that may have trees, shrubs and/or other vegetation that overhangs into the Easement Area; (ii) to prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage; (iii) to maintain scenic views and diversity of native plant species; or (iv) to remove dead or dying vegetation. (b) Neither the Association nor the Owners may construct or install buildings or other improvements of any kind within the Easement Area including, without limitation, fences, driveways or roads, and may not place any temporary or permanent structures within the Easement Area, including but not limited to trailers, fences, advertising signs, or other hard surface improvements. Trail and road easements existing as of the effective date of this First Amendment are permitted and may continue to be maintained and improved. (c) Neither the Association nor the Owners may alter the surface of the Easement Area including, without limitation, filling or excavating. The topography of the land and water line shall be retained in its natural condition, and no grading alterations, excavations, or topographic changes shall be made unless authorized in writing by the City. (d) Neither the Association nor the Owners may dispose of refuse or other waste material on the Easement Area. Dumping or placing of soil or other substances or materials as landfill, or dumping or placing of trash, waste or unsightly or offensive material is prohibited on the Easement Area. (e) Neither the Association nor the Owners may apply any herbicides, pesticides, or insecticides on the Easement Area, except for such substances used for noxious weed control. (f) The Easement Area shall not be used for public utility purposes, other than what is necessary for drainage improvements, emergency repairs and associated work, or water quality improvement activities. (g) Vegetation may be planted on the Easement Area that is native to the area and appropriate to the natural lakeshore ecosystem. (h) Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation, are prohibited on the Easement Area. 2. Effect on Easement Agreement. Except for the amendments to the Easement Agreement as contained in this First Amendment, the Easement Agreement remains in full force and effect. 3. Miscellaneous. Promptly upon execution hereof, the parties shall cooperatively agree to record this First Amendment with the Office of the County Recorder, Dakota County, Minnesota. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. This First Amendment shall be governed by and construed in accordance with the laws of the State of Minnesota. All capitalized terms not otherwise defined by this First Amendment shall have the definitions as provided in the Easement Agreement. page 45 IN WITNESS WHEREOF, the City, the Association, and the Owners have executed this First Amendment to Conservation Easement Agreement on the date first above written. Signature page of the City. CITY OF MENDOTA HEIGHTS, MINNESOTA Neil Garlock, Mayor Lorri Smith, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2020, by Neil Garlock, as Mayor, and Lorri Smith, as City Clerk, of the City of Mendota Heights, Minnesota, the City named in the foregoing instrument. Notary Public page 46 Signature page of the Association. AUGUSTA SHORES TOWNHOME ASSOCIATION President STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2020, by ____________________, as President of the Augusta Shores Townhome Association, a Minnesota nonprofit corporation, the Association named in the foregoing instrument. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Andrew J. Pratt, Mendota Heights City Attorney Best & Flanagan LLP 60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402 (612) 339-7121 #6042589v2 page 47 Signature pages of the Owners. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2020, by ____________________ and __________________, collectively as owner of _____________________________, a unit contained in the August Shores common-interest-community, an Owner named in the foregoing instrument. Notary Public page 48 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA Those portions of the following lots, as shown on the “Augusta Shores Easement Sketch,” contained herein as Exhibit B: --Lots 1 through 3 and 7 through 20 of Block 1, Augusta Shores --Lots 1 through 18 of Block 2, Augusta Shores --Outlots A, B and C, August Shores According to the plat thereof, Dakota County, Minnesota. page 49 EXHIBIT B EASEMENT AREA SKETCH page 50 DATE: April 7, 2020 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Par 3 Special Revenue Fund Comment: INTRODUCTION The Council is asked to change the classification of the Par 3 Fund from an Enterprise Fund, to that of a Special Revenue Fund. BACKGROUND Currently the Par 3 Golf Course is accounted for as an Enterprise Fund. At the presentation of the 2018 Audit last July, there was a discussion with the auditor about the possibility of accounting for the Par 3 in a different manner. Matt Mayer from KDV described how back in the 1980’s, most golf courses were accounted for as an Enterprise Fund. This was because golf courses then typically ran at a profit. With an apparent saturation of golf courses in Minnesota, it has become increasingly harder for courses to be profitable. Mr. Mayer stated that now many golf courses are accounted for as a Special Revenue Fund. If the City accounted for the Par 3 as a Special Revenue Fund, it would remove the expectation that the golf course will sustain itself and run at a profit. In recent years the Par 3 has shown a small annual positive operating balance, but the City has had to provide for larger capital items--like mowers and a utility cart--from the General Fund. Changing the classification from an Enterprise Fund to a Special Revenue fund would provide a transparency of accounting for the Par 3 in its own fund. The operations of the Par 3 would be easily identifiable in the City’s audit. If approved, this would become effective for the upcoming 2019 audit. BUDGET IMPACT N/A. However, the City should continue to monitor both the short and long term financial conditions at the Par 3. RECOMMENDATION Staff recommends that the Mendota Heights City Council, by motion, direct that the Par 3 Golf Course be accounted for as a Special Revenue Fund. This action requires a majority vote. page 51 Request for City Council Action MEETING DATE: April 7, 2020 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: February 2020 Fire Synopsis COMMENT: Fire Calls: For the month of February, the Mendota Heights Fire Department responded to 17 calls for service. The calls reflected the following geographic locations: Mendota Heights 12 call(s) Lilydale 0 call(s) Mendota 1 call(s) Sunfish Lake 0 call(s) Other 4 call(s) Types of calls: Medical/Extrication: 2 The Fire Department responded to three calls that were medical in nature. Hazardous Situation: 2 The fire department responded to two calls that involved hazardous materials. One call involved a small oil spill and one call was for a severed natural gas line Good Intent: 6 During February, we had four calls that we were dispatched to but were then cancelled before arriving on scene. In addition, there was one call to investigate the smell of gas in a home from a water heater and a second was to investigate the smell of gas outside. False Alarms: 7 The MHFD responded to two fire alarms due to activated pull stations at the Woodspring Suites hotel. We had two alarms due to burnt food. The other false alarms were: one due to pressure washing near the sprinkler system, one accidental trip while servicing the fire alarm, and one due to an out of date/end of life smoke detector. February Training: February 5 18:30 EMR A - Option 1- This drill was a medical refresher to maintain EMR (Emergency Medical Responder) certification. The training was presented by instructors from HealthEast. February 6 07:00 EMR A - Option 2- This drill was a medical refresher to maintain EMR (Emergency Medical Responder) certification. The training was presented by instructors from HealthEast. page 52 February 12 18:30 Bloodborne Pathogen / Right-to-Know Option 1- This training is an OSHA mandated training that includes bloodborne pathogen training as well as our Right-to-Know program. It is mandatory for all firefighters to have this training on an annual basis. February 13 07:00 Bloodborne Pathogen / Right-to-Know Option 2 - This training is an OSHA mandated training that includes bloodborne pathogen training as well as our Right-to-Know program. It is mandatory for all firefighters to have this training on an annual basis. February 19 18:30 SCBA Option 1 - This drill goes over proper usage and familiarity with our SCBA. It is a mandatory training. February 24 18:30 Ground Ladders - This drill goes over ladder components, carries, deployment and safe usage. The training was held at Eagan Fire Station 2 using their training facilities. February 25 07:00 Ground Ladders - This drill goes over ladder components, carries, deployment and safe usage. The training was held at Eagan Fire Station 2 using their training facilities. February 26 18:30 EMR A - Option 3 - This drill was a medical refresher to maintain EMR (Emergency Medical Responder) certification. The training was presented by instructors from HealthEast. page 53 Number of Calls 17 Total Calls for Year 46 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH $0 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $0 $0 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 2 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$0 Medical, other HAZARDOUS SITUATION MEND. HTS. ONLY STRUCT/CONTENTS $0 Spills/Leaks 2 Carbon Monoxide Incident MEND. HTS. ONLY MISCELLANEOUS $0 Power line down Arcing, shorting MEND. HTS. TOTAL LOSS TO DATE $0 Hazardous, Other SERVICE CALL Smoke or odor removal CONTRACT AREAS LOSS TO DATE $0 Assist Police or other agency Service Call, other GOOD INTENT Good Intent Dispatched & Cancelled 1 Current To Date Last Year Smoke Scare 12 28 44 HazMat release investigation 2 0 3 7 Good Intent, Other 1 4 0 FALSE ALARMS 0 1 0 False Alarm 4 10 5 Malfunction 2 Total:17 46 56 Unintentional 3 False Alarm, other 1 FIRE MARSHAL'S TIME FOR MONTH MUTUAL AID 4 INSPECTIONS 23 Total Calls 17 INVESTIGATIONS RE-INSPECTION WORK PERFORMED Hours To Date Last Year MEETINGS FIRE CALLS 236.5 737 943.5 MEETINGS 103.5 232 147.5 ADMINISTRATION 8 TRAINING 357 547 594 SPECIAL ACTIVITY 35.5 59 56.5 PLAN REVIEW/TRAINING 2.5 FIRE MARSHAL 0 49.5 TOTAL:33.5 TOTALS 732.5 1575 1791 REMARKS:SEE OTHER SIDE FOR SYNOPSIS Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT FEBRUARY 2020 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights page 54 page 55 page 56 page 57 page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 page 67 page 68 REQUEST FOR COUNCIL ACTION DATE: April 7, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2020-27 Public Hearing on Vacating Drainage and Utility Easements on Village Lots COMMENT: INTRODUCTION The Council is asked to hold proceedings for Resolution 2020-27, a public hearing on an easement vacation commenced by City Council. NOTE: Members of the public who wish to comment on this topic during the Public Hearing should consult the City Council Agenda page for instructions as to how to do that. BACKGROUND The Mendota Heights Town Center plat was approved by City Council in 2002. DISCUSSION Mendota Heights is the current fee owner of Outlot D, Lot 1 & 2, Block 3 of this plat which are currently under agreement to be sold to Grand Real Estate Advisors (also known as MH Development, LLC). The subject lots will be replatted, combining Lots 1 & 2 and a portion of Outlot D. The remaining portion of Outlot D will continue as a city owned outlot for drainage purposes. It is proposed that the drainage and utility easements on Outlot D, Lot 1 & 2, Block 3 be vacated. New easements will be dedicated on the Grand Real Estate Advisors plat which should be submitted within the next month. BUDGET IMPACT This vacation is proposed to be initiated by the city. Any expenses incurred will be reimbursed through the developer agreement and permit fees. RECOMMENDATION Staff recommends that Council approve the resolution for the easement vacation. page 69 ACTION REQUIRED If it concurs, the City Council should pass a motion adopting Resolution No. 2020-27, “A RESOLUTION AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS”. This action requires a super majority vote. page 70 RESOLUTION NO. 2020-27 A RESOLUTION AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS BE IT RESOLVED by the City Council (the “Council”) of the City of Mendota Heights, Minnesota (the “City”), as follows: WHEREAS, the City has entered into a Real Estate Purchase Agreement (the “Purchase Agreement”), dated August 20, 2019, with Grand Real Estate Advisors, LLC, now known as MH Development, LLC (the “Developer”), for the purchase and development of City-owned land within an area known as the Villages of Mendota Heights, more specifically Lot 1, Block 2, Lot 1, Block 3, Lot 2, Block 3, and Outlot D, all within the Mendota Heights Town Center plat, Dakota County, Minnesota (the “Property”); and WHEREAS, the Developer has proposed to construct a three-story, 48-unit senior apartment building with an attached sit-down style café/restaurant, with underground and surface parking facilities on the Property (the “Project”); and WHEREAS, the plat of Mendota Heights Town Center, filed with the Dakota County Recorder’s Office as Document No. 1953625 on October 30, 2002, provides for drainage and utility easements on Lot 1, Block 2, Lots 1 and 2, Block 3, and over the entirety of Outlot D, all within the Property (the “Easements”); and WHEREAS, to accommodate the Project construction parameters and boundaries, it is proposed the City vacate the entirety of all of the Easements, to allow for the re-platting of the Property (including the platting of new drainage and utility easements) and a new (but smaller) outlot in place of Outlot D, which will include a new drainage and utility easement running in favor of the City if the outlot is ever combined into adjacent property or sold separately; and WHEREAS, pursuant to Minnesota Statutes, Section 412.851, as amended (the “Act”), a public hearing to consider the vacation of the Easements was held as of the date hereof before this Council, after due publication and posted notice had been given, and all interested and affected persons were given an opportunity to be heard at the hearing; and WHEREAS, pursuant to the Act, any vacation of public property shall not be made unless it appears in the interest of the public to do so; and WHEREAS, this Council in its discretion finds the proposed vacation will benefit the public interest because: 1. Vacation of the Easements are in the public interest. 2. Granting the vacation of the Easements as described in this Resolution will allow the Developer to acquire the Property and construct the Project, pursuant to future agreements to be entered into between the City and the Developer. WHEREAS, for all of the above reasons, this Council finds, by the four-fifths vote required under the Act, that the vacation of the Easements does not have a detrimental effect upon the health, safety, morals and general welfare of the City and is within the interests of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. The Easements are hereby vacated by the City. 2. This Resolution shall be presented for filing with the Dakota County Recorder, as required by the Act. page 71 This Resolution is adopted by the City Council of the City of Mendota Heights, Minnesota, this 7th day of April, 2020. _______________________________________ Neil Garlock, Mayor ATTEST: ___________________________________ Lorri Smith, City Clerk page 72 Request for City Council Action MEETING DATE: April 7, 2020 TO: Mayor Garlock and City Council, City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2020-24 Approving a Conditional Use Permit for Electronic Display Sign at Fire Station - 2121 Dodd Road [Planning Case No. 2020-04] Introduction City Council is asked to consider adopting a resolution approving a Conditional Use Permit (CUP) to the City of Mendota Heights (on behalf of the Fire Department), to install a new freestanding electronic display sign at the fire station, located at 2121 Dodd Road. Background The fire station property is located in the R-1 One Family Residential district, and consists of approximately 2.2 acres. Pursuant to City Code Section 12-1D-15, an institutional use in the R-1 zoning district, such as the fire station is allowed to install one freestanding electronic display sign, subject to CUP approval. The site is currently undergoing a major renovation and expansion project; and plans call for the replacement of the old 6’ x 16’ concrete panel sign with a new 9’ x 10’ freestanding monument style sign. This new sign includes a 25-sq. ft. electronic (digital) programmable display sign cabinet. On March 24, 2020, the Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission. Due to the COVID-19 situation, Fire Chief Dreelan was requested to remain home that night, but be available by phone for any questions. There were no questions or comments from the public. A copy of the 03/24/2020 planning report is appended to this memo, along with meeting minutes. Discussion The City can use its legislative authority when considering action on a conditional use permit, and has broad discretion. The only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. A final determination must be made that the request meets the applicable code standards related to such a permit. Recommendation The Planning Commission recommended unanimously (5-0 vote) to approve Conditional Use Permit for the fire station property located at 2121 Dodd Road, with certain conditions and specific findings of fact to support said approval. Action Requested If the City Council wishes to affirm this recommendation, make a motion to adopt RESOLUTION NO. 2020-24 APPROVING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2121 DODD ROAD. Action on the resolution requires a simple majority vote. page 73 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-24 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO THE CITY OF MENDOTA HEIGHTS FIRE DEPARTMENT FOR AN ELECTRONIC DISPLAY SIGN IN THE R-1 ZONING DISTRICT AND LOCATED AT 2121 DODD ROAD [PLANNING CASE NO. 2020-04] WHEREAS, The City of Mendota Heights, acting on behalf of the Fire Department (the "Applicant") is requesting approval of a conditional use permit to allow for the installation of a new electronic display sign at the fire station property, as proposed under Planning Case No. 2020- 04, and located at 2121 Dodd Road and legally described in attached Exhibit A; and WHEREAS, pursuant to City Code Section 12-1D-15, an institutional use in the R-1 zoning district is allowed to install one freestanding electronic display sign, provided that certain standards and requirements are met under the approval of a conditional use permit; and WHEREAS, on March 24, 2020, the Mendota Heights Planning Commission conducted a public hearing on the proposed conditional use permit request, and whereupon closing the hearing, recommended unanimously (5-0 vote) to approve this conditional use permit, which would allow the installation of a new electronic display sign on the subject property located at 2121 Dodd Road, with certain conditions and specific findings of fact to support said approval, as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit, which would allow the installation of a new electronic display sign on the subject property, as proposed under Planning Case No. 2020-04, and located at 2121 Dodd Road can be approved based on the following findings of fact: A. The proposed new electronic display sign will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in page 74 harmony with the general purpose and intent of the City Code and the comprehensive plan. B. The proposed electronic display sign will be made compliant with the conditions included in the City Code that allow it by conditional use permit. C. The electronic display sign will be used as an effective means of displaying various messages related to the operations of the fire station, and other community or civic announcements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit, which would allow the installation of a new electronic display sign as proposed under Planning Case No. 2020-04, and for the property located at 2121 Dodd Road, is hereby approved with the following conditions: 1. The new freestanding electronic display sign shall comply with all standards under City Code Section 12-1D-15: Signs: Subsection H. Signs in R Districts, Subpar. 7 2. The final landscaped plans for the new sign area shall be reviewed by the Master Gardeners for compliance with the city’s pollinator friendly policy. Any plantings or revisions recommended by the master gardeners will be incorporated (as best as possible) by the city’s contractor. 3. A new sign permit for the electronic sign shall be submitted and approved by the Building Official and city staff prior to any work on the sign Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 75 EXHIBIT A Property Address: 2121 Dodd Road, Mendota Heights MN 55120 PID: 27-02600-77-012 Legal Description: Part of the SE 1/4 of Section 26-TWSP 28-RGE 23 described as follows: Beginning at the NE Corner of South 1/2 of the SE 1/4; thence South 317-ft.; thence West 330- feet; thence North 323-ft.; thence East 330-ft.; thence South 6-ft. to the point of beginning. Abstract Property page 76 Planning Staff Report MEETING DATE: March 24, 2020 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case No. 2020-04 Conditional Use Permit for Freestanding Electronic Display Sign APPLICANT: City of Mendota Heights (Fire Department) PROPERTY ADDRESS: 2121 Dodd Road – City Fire Station ZONING/GUIDED: R-1 One Family Residential / City Hall/Public Works/Fire Hall ACTION DEADLINE: N/A INTRODUCTION The Mendota Heights Fire Department is seeking a conditional use permit to provide a new freestanding electronic (LED) message display sign, located on the fire station property at 2121 Dodd Road. The property is generally located at the NW corner of Dodd Rd. and Mendakota Drive (see GIS image – below). A public hearing notice for this item was published in the local newspaper and notice letters were mailed to all surrounding properties within 350-feet of the subject property. No comments or objections were received. page 77 BACKGROUND The fire station property is located in the R-1 One Family Residential district, and consists of 2.45 total (unplatted/deeded) acres. The legal parcel includes part of adjacent Dodd Road (Hwy. 149) right-of-way, and factoring out this ROW results in a net area of approximately 2.2 acres of usable area. The fire station was originally built in 1985 as a 12,000 sf. building, with 4 fire-truck bays, and includes various support offices, conference/meeting rooms, kitchen area, TV/lounge area, and housing quarters for local ambulance service personnel. The subject site is currently undergoing a major renovation and expansion project to the existing facility. The new sections of the fire station are scheduled to be open March 23rd, with demo/remodeling of the old space to begin on March 30th, with completion of work by August 2020. The original freestanding identifier sign (see image – below) was an old 6’ x 16’ concrete panel sign located near the SE corner of the station that sat parallel with Dodd Road. The old sign has since been removed as part of this project; and this new freestanding sign will be used as the new replacement for the property. The new sign is approximately 9-ft. in height, and 10-ft. in overall width. The monument style sign consists of a field brick lower base, a burnished CMU (concrete masonry unit) support column, and aluminum composite panel (ACM accents. The new sign will consist of a 3’-8.5” x 6’-9.25” (25.1-sf) electronic (digital) programmable sign cabinet, with “Mendota Heights” aluminized letters on top of the cabinet. page 78 The new sign will be located near the northeast corner of the fire stations site, and will now sit perpendicular to Dodd Road (see site plan image – below). ANALYSIS of CONDITIONAL USE PERMIT Pursuant to City Code Section 12-1D-15, certain types of signs are permitted in the R-Residential districts, with the following standards: 7. By conditional use permit, an institutional use in the R-1 or R-1A zoning district which is allowed either as a permitted or conditional use may install one freestanding electronic display sign, provided that each of the following requirements are met: a. The parcel, or campus containing contiguous parcels, on which the sign is proposed must be no less than two (2) acres in size. b. The sign shall not exceed one hundred (100) square feet in area per surface. c. The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign. d. The total area per surface for an electronic display is not to exceed fifty percent (50%) of the sign's total area. Only one contiguous electronic display area is allowed per surface. e. The sign shall be set back at least ten feet (10') from any external property boundary line and shall not be located closer than fifty feet (50') to any surrounding residential property boundary line, unless a less intrusive sign placement can be accomplished as approved by the city council. f. The electronic display message shall not change more than once every one hour, except for emergency safety messages. Time, date, or temperature is considered one electronic display when displayed alone, however it may be included as a component of any other electronic display but cannot change more than once every three (3) seconds. g. The hours of operation shall be limited to six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. h. The electronic display message shall be limited to static letters and numbers. No portion of a message may contain animation, video or audio, scroll, flash, twirl, fade, or change color. page 79 i. The electronic display area shall be a black background and messages shall not contain more than one font color. j. The electronic display message shall be a minimum of four inches (4") in height or larger as necessary to ensure readability. k. Messages shall be limited to advertisement of products, events, persons, institutions, activities, businesses, services or subjects which are located on the premises only or which give public service information. l. Malfunctioning signs shall be shut off immediately by the owner. Additionally, the sign owner shall immediately stop the display if notified by the city that the sign is noncompliant. m. The sign shall be constructed in monument style fashion, including a base of natural stone, brick or other masonry material of at least twenty-four inches (24") in height from the average natural grade. n. The sign shall be landscaped with materials subject to a plan as submitted with the application approved by the city council. o. The sign shall be equipped with a sensor that detects the ambient light level and adjusts the brightness of the sign accordingly. Brightness shall not exceed 0.3 foot-candle above ambient light as measured using a brightness meter from a preset distance depending on the sign size, as indicated in the table below: The fires station site is considered an “institutional” use in this R-1 Residential district, and therefore this proposed sign by means of a CUP application is acceptable. The proposed sign meets the following CUP standards (as noted above): a) The subject site measures just over 2.2 acres in size, and meets the minimum 2-acre parcel size for these signs in a residential district; b) The sign’s potential message area (the area between the side and bottom support panels or base) is approximately 63-sq. ft., and therefore does not exceed the 100 sf. maximum sign area; c) The new sign does not exceed the 9-ft. max height allowance standard; d) The surface area of the electronic display is approx. 25.1 sf. in size, and does not exceed the 50% of the sign's total area; e) Assuming a 66-foot wide ROW for adjacent Dodd Road (Hwy. 149), and factoring out a 33-ft. even-width section from the easterly parcel boundary line, the new sign is established with a 10-ft. setback from this “net” measured lot line; and sits approx. 54-ft. from the north lot line (Mendakota CC – service building area); and f), g), h), i), j), l), m), and o): As for the new electronic sign display details, such as changeable messages, hours of operation, font color, and other operational standards, the submitted plans are absent of these details. However, all of these standards noted herein shall be made part of any final approvals with the future (required) sign permit application. n) The project architects also prepared and supplied a landscape plan for the fire station site. As per standard item n) above, the sign must include landscaping approved by the city council. The plan calls for 9 firelight spirea and 10 juniper bushes, mixed with switch grass plantings and Karl Forester grasses. The landscape plan is currently being reviewed by the city’s master gardeners. Any suggestions or recommendations will be made part of any conditions of approval. (Below is a close-up image of the landscape plans around the base of the sign, and general images of the proposed plantings). page 80 Prince of Wales juniper Firelight Spirea shrub Karl Forester grasses Ruby Ribbon Switch grass Title 12-1L-6-E-1 of the City Code contains specific standards for reviewing a conditional use permit request; and the following are to be taken into consideration: • The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; • existing and anticipated traffic conditions including parking facilities on adjacent streets; and • the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: • The proposed use will not be detrimental to the health, safety or general welfare of the community; page 81 • will not cause serious traffic congestion nor hazards; • will not seriously depreciate surrounding property value; and • the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Staff believes the proposed electronic message display board will not be detrimental to the health, safety or general welfare of the community; nor should pose any problems or impact to the neighboring homes or the adjacent highway/local roadway traffic. Staff also believes the proposed new signage can be considered to be in harmony with the general purpose and intent of the City Code; and that there is no reason to believe that the proposed signage request will be contrary to the standard of review for conditional use permits listed above; and should be compatible with the spirit and intent of such signs allowed for similar institutional uses in the residential districts. The sign will be used as an effective means of displaying various messages related to the operations of the fire station, including fire safety events or activities, recruitment of volunteer firefighters, and other community or civic announcements, such as Park Celebration Day, 4th of July Celebration, and others. The sign can also be used to display daily time, date and temperatures, and used to make emergency or public safety messages, such as weather or driving advisories, Amber Alerts and others. As per the standards under City Code, this sign must be programmed to be turned off after 10:00 pm.; and the level of brightness from the message board is regulated by strict standards under the City’s Sign Code. As the city’s fire department (hence the city in general) will be the operating authority over this sign, the management and compliance of this sign will be ensured by fire department leaders and city staff. ALTERNATIVES for ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend APPROVAL of the Conditional Use Permit, based on the findings of fact that the proposed freestanding (monument) electronic message sign will be compliant with the standards and regulations of the City Zoning Code; or 2. Recommend DENIAL of the Conditional Use Permit on the proposed freestanding (monument) electronic message sign, with specific findings of facts as determined by the Planning Commission that support such a denial; or 3. TABLE the request, pending additional information as requested by the Planning Commission. STAFF RECOMMENDATION City staff recommends approval of the Conditional Use Permit to the City of Mendota Heights, which allows the installation of a new freestanding (monument) electronic display sign at the Fire Station property, located at 2121 Dodd Road, subject to the following conditions: 1. The new freestanding electronic message sign shall comply with all standards under City Code Section 12-1D-15: Signs: Subsection H. Signs in R Districts, Subpar. 7 2. The final landscaped plans for the new sign area shall be reviewed by the Master Gardeners for compliance with the city’s pollinator friendly policy. Any plantings or revisions recommended by the master gardeners will be incorporated (as best as possible) by the city’s contractor. 3. A new sign permit for the electronic sign shall be submitted and approved by the Building Official and city staff prior to any work on the sign. page 82 FINDINGS OF FACT FOR APPROVAL Conditional Use Permit for Freestanding Electronic Display Signs Fire Station – 2121 Dodd Road The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed new electronic display sign will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new electronic display sign will be made compliant with the conditions included in the City Code that allow it by conditional use permit. 3. The sign will be used as an effective means of displaying various messages related to the operations of the fire station, and other community or civic announcements. page 83 4" 1' - 7 1/8" 6' - 9 1/4"1' - 8"1' - 5 1/2"3' - 8 1/2"8 5/8"1' - 3 3/8"Prefinished metal cap Burnished CMU Field brick Foundation wall and footing Prefinished metal flashing Digital programmable sign ACM panels Aluminum letter signage ACM accent band 1' - 8"6' - 9 1/4" 1' - 7 1/8" 4"1' - 3 3/8"8 5/8"3' - 8 1/2"1' - 5 1/2"Prefinished metal cap Burnished CMU Field brick Foundation wall and footing Prefinished metal flashing Digital programmable sign ACM panels Aluminum letter signage ACM accent band 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: DATE:© COPYRIGHT BY CNH ARCHITECTS, INC.REVISIONS: 17113 SC91Mendota Heights Fire StationRemodel & Expansion2121 Dodd RoadMendota Heights, MN 5512002/18/20 Monument Sign Elevations 1/4" = 1'-0"SC91 1 Monument Sign - North Elevation 1/4" = 1'-0"SC91 2 Monument Sign - South Elevation page 84 page 85 page 86 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MARCH 24, 2020 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 24, 2020 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners Patrick Corbett, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Commissioners John Mazzitello and Litton Field. Approval of Agenda The agenda was approved as submitted. Approval of February 27, 2020 Minutes COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF FEBRUARY 27, 2020 AYES: 5 NAYS: 0 Hearings A) PLANNING CASE 2020-04 CITY OF MENDOTA HEIGHTS, 2121 DODD ROAD – CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that the Mendota Heights Fire Department is seeking a conditional use permit to provide a new freestanding electronic (LED) message display sign, located on the fire station property at 2121 Dodd Road. The property is generally located at the NW corner of Dodd Road and Mendakota Drive. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission. Staff recommended approval of this application based on the findings and with conditions. Commissioner Katz asked if there would be electric run underground to power the sign and whether there has been consideration of solar power. page 87 Community Development Director Tim Benetti replied that the fire station has solar panels on the roof already which make the building self-sufficient in terms of energy needs. Commissioner Toth stated that it appears the sign would be setback 40 feet from Dodd Road and wanted to ensure that the lighting for the sign would not be distracting to drivers. Community Development Director Tim Benetti replied that the ordinance has a brightness threshold for signs and the City would ensure that it meets the Code requirements. He noted that if there are any complaints, the City could easily make the necessary adjustments. He provided additional details on the messaging that would be posted on the sign. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO THE CITY OF MENDOTA HEIGHTS, WHICH ALLOWS THE INSTALLATION OF A NEW FREESTANDING (MONUMENT) ELECTRONIC DISPLAY SIGN AT THE FIRE STATION PROPERTY, LOCATED AT 2121 DODD ROAD, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE NEW FREESTANDING MESSAGE SIGN SHALL COMPLY WITH ALL STANDARD UNDER CITY CODE SECTION 12-1D-15: SIGNS: SUBSECTION h. SIGNS IN R DISTRICTS, SUBPAR. 7. 2. THE FINAL LANDSCAPED PLANS FOR THE NEW SIGN AREA SHALL BE REVIEWED BY THE MASTER GARDENERS FOR COMPLIANCE WITH THE CITY’S POLLINATOR FRIENDLY POLICY. ANY PLANTINGS OR REVISIONS RECOMMENDED BY THE MASTER GARDENERS WILL BE INCORPORATED (AS BEST ASS POSSIBLE) BY THE CITY’S CONTRACTOR. 3. A NEW SIGN PERMIT FOR THE ELECTRONIC SIGN SHALL BE SUBMITTED AND APPROVED BY THE BUILDING OFFICIAL AND CITY STAFF PRIOR TO ANY WORK ON THE SIGN. AYES: 5 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its April 7, 2020 meeting. page 88 Request for City Council Action MEETING DATE: April 7, 2020 TO: Mayor Garlock and City Council, City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2020-25 Approving a Variance for BP-Amoco Station - 2030 Dodd Road [Planning Case No. 2020-05] Introduction City Council is asked to consider adopting a resolution approving a Variance to Mendota Heights BP- Amoco fuel and auto service station, located at 2030 Dodd Road. The variance would allow the owners to expand and increase a legal, non-conforming use in the B-2 Neighborhood Business district. Background The subject parcel is a 0.34-acre trapezoidal shaped lot. The original service station (structure) was built in 1966, and currently has two over-head service bays on the front, a small office/convenience store area; and two gas dispenser islands underneath an overhead canopy. The Applicants are seeking to expand and remodel their service station in the area identified on the plans as the “outside covered area” - the northwest corner of the building, and install a new third service bay. When the station was built in 1966, it appears setback standards under the old commercial zoning were not included. The building was approved and constructed with significantly reduced setbacks, rendering the building (and the site) as it sits today, a legal non-conforming structure or use, especially when compared to current City Code (B-2 zoning) site and structure standards. City Code Section 12-1D-1 addresses nonconforming uses and structures, which allows: i) “the continuance of non-conforming structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified”; and ii) “Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.” Because the Applicant seeks to extend or intensify the nonconforming structure with the addition and new service bay, this request must be allowed under the full review and provisions of a variance to these code sections noted above. On March 24, 2020, the Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission. The Applicant was present to answer questions; and there were no comments or objections from the public on this item. A copy of the 03/24/2020 planning report is appended to this memo, along with meeting minutes. page 89 Discussion The City can use its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this variance, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. Recommendation The Planning Commission recommended unanimously (5-0 vote) to approve the Variance to the Mendota Heights BP-Amoco property, located at 2030 Dodd Road, with certain conditions and specific findings of fact to support said approval (noted in the proposed resolution). Action Requested If the City Council wishes to affirm this recommendation, make a motion to adopt RESOLUTION NO. 2020-25 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 2030 DODD ROAD. Action on the proposed resolution requires a simple majority vote. If the Council wishes to over-turn this recommendation, make a motion to table this matter; and direct city staff to prepare an alternative resolution of denial for final consideration at the April 21, 2020 meeting. The 60-day statutory review period expires May 3, 2020. page 90 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-25 RESOLUTION APPROVING A VARIANCE FOR MENDOTA HEIGHTS BP-AMOCO SERVICE STATION LOCATED AT 2030 DODD ROAD (PLANNING CASE NO. 2020-05) WHEREAS, Sean Hoffmann and Jeff Wieland, acting on behalf of Mendota Heights BP- Amoco Auto Service Station (as the “Applicant”) applied for a Variance on the property located at 2030 Dodd Road (the “Subject Property”), legally described on attached Exhibit A; and WHEREAS, the Applicant is seeking a Variance to the provisions of City Code Section 12-1D-1 related to Nonconforming Uses, Structures and Lands, whereby the variance would allow the Applicant to extend and intensify an existing legal nonconforming structure and use at the subject property, as proposed under Planning Case No. 2020-05; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted: and WHEREAS, on March 24, 2020, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item with staff and the Applicant, the Planning Commission recommended unanimously (5-0 vote) to approve the application for Variance, with certain findings of fact to support such approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and the Variance requested under Planning Application Case No. 2020-05 is hereby approved, with the following findings of fact: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. page 91 “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of the Variance to City Code Section 12-1D-1, as it relates to expanding or increasing a nonconforming structure on the subject site, located at 2030 Dodd Road, by: i.) the proposed 3rd service bay addition and remodeling/expansion to this motor fuel/auto service station does not drastically change the overall use of this property; the overall use and enjoyment of this commercial property will continue as it was originally intended to serve – as a motor fuel/service station; the building footprint remains the same; and there are no impacts to the surrounding uses, parking, or setback/lot lines. Therefore, this requested variance is considered a reasonable request and an appropriate means for allowing the continued and successful use of this property. ii.) the subject property was originally developed in 1966 with the absence of certain lot/setback standards, which are now in effect and present today, thereby creating some unique circumstances, difficulties or impediments to the Owner/Applicant on providing a reasonable addition to the business, except by means of a variance. iii.) approving the Variance does not change the essential character of the neighborhood, as the neighboring properties are all commercial, and no properties will be negatively impacted or affected by approving this variance; and iv.) This new addition and request for variance to expand a nonconforming structure/use is considered in harmony with the general purpose of the zoning ordinance and consistent with the current and proposed goals and policies in the comprehensive plans for the community. C. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variance will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of the Variance is for 2030 Dodd Road only, and does not apply or give precedential value to any other properties throughout the City. All variance page 92 applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2020-05, dated and presented March 24, 2020 (on file with the City of Mendota Heights), and is hereby fully incorporated into Resolution No. 2020-25. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: i.) The proposed expansion shall not extend further than what is presented in the Site/Elevation Plans as presented with Planning Application Case No. 2020- 05. ii.) The new addition will match the overall architecture and design (including any new upgrades to the exterior) as proposed by the Applicant. iii.) Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance is approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition within one-year from said approval date. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the Mendota Heights BP-Amoco Auto Service Station property, located at 2030 Dodd Road, and as proposed under Planning Case No. 2020-05, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk page 93 EXHIBIT-A PROPERTY ADDRESS: 2030 DODD ROAD Mendota Heights, Minnesota 55120 PID No. 27-02500-50-020 LEGAL DESCRIPTION: Part of the West One-Half (1/2) of the Northwest Quarter (1/4) of the Southwest Quarter (1/4) commencing on the centerline of Trunk Highway #149 and 275 feet Southwest of its intersection with Trunk Highway 100; thence Southeast at 90 degrees for 143 feet; thence Southwest at 90 degrees for 117 feet; thence Northwest for 149.29 feet to the centerline of Trunk Highway #149; thence Northeast on said centerline a distance of 159. 9 feet to point of beginning; and subject to Trunk Highway #149; all in Section 25, Township 28, Range 23, Dakota County, Minnesota. [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 94 Planning Staff Report MEETING DATE: March 24, 2020 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2020-05 VARIANCE APPLICANT: Mendota Heights BP-Amoco (Sean Hoffmann & Jeff Wieland) PROPERTY ADDRESS: 2030 Dodd Road ZONING/GUIDED: B-2 Neighborhood Business / MU-PUD Mixed Use Planned Unit Dev. ACTION DEADLINE: May 3, 2020 (60-Day Review Period) INTRODUCTION Sean Hoffmann & Jeff Wieland, manager and owner of Mendota Heights BP-Amoco station, are requesting consideration of a Variance to the provisions of City Code Section 12-1D-1 related to Nonconforming Uses, Structures and Lands. This variance would allow the owners to expand a legal nonconforming structure and use at this location. The property is located at 2030 Dodd Road. A public hearing notice for this item was published in the local newspaper and notice letters were mailed to all surrounding properties within 350-feet of the subject property. The city has not received any comments or objections to this variance request item. BACKGROUND / SITE DESCRIPTION The subject parcel is located at the NE corner of Dodd Road and North Plaza Drive. The service station site is located in the B-2 Neighborhood Business district, and is surrounded by MU-PUD Mixed zoning for the Mendota Plaza center. The subject property is a trapezoidal shaped lot consisting of 14,685-sf. (0.34 ac.) of area. The original service station structure was built in 1966 and consists of 1,637-sf. of floor area. The structure has two (2) service bays on the front, with a small office/convenience store area to the side. Two gas dispenser islands sit out front with an overhead canopy system. (see image – below). page 95 Street View of BP-Amoco Store – looking easterly (Google Maps) The current interior layout of the service station contains two service bays that front towards Dodd Road; a cashier/retail product space; a uni-sex restroom, and two small storage rooms, accessed only to the outside (covered) area, which is used for an air hose station and propane tank storage (see image – below). The Applicants wish to remove/relocate the cashier and restroom areas, and install a new 3rd auto service bay in their place. The existing outside covered area will be walled-off, matching with the existing front and side walls, which will create the new interior space for the cashier and restroom areas (see image - below). page 96 In 2013, the city approved two separate variances on the subject property: 1) a reduced setback from 20-ft. to 15-ft. for the new overhead canopy structure; and 2) a reduced setback to 5-ft. for parking surface. As evidenced by the aerial image of the property (see image-right), and review of an old survey in city records, this gas stations structure sits only 4-feet off the back (east) lot line, and less than 2-ft. from the corner lot lines at the furthermost (SE) corner of the building. The building sits approx. 70 +/- feet off Dodd Road and approx. 45-ft. off the north line. The site contains 15 parking spaces, with some additional space (4-5 vehicles) along the south side of the parking lot, which is actually part of The Plaza lands. Although “Motor fuel stations” alone are listed as conditional uses in B-2 zoning districts, these uses are further regulated under separate City Code Section 12-1D-13-3: Motor Fuel Stations and Convenience Stores, which include the following added standards: Minimum lot size 1 acre Lot width 200 feet Front yard 60 feet Side yard: Interior Adjacent to a street 30-feet 50-feet Rear yard 50 feet Pump setback 40 feet The subject property (including the service station structure) was developed in its current situation prior to many of the current zoning controls and these higher site standards were set in place. Since the property and structure do not meet most of these minimum standards, and yet still operational, it is now considered a legal nonconforming use by City Code standards. ANALYSIS of VARIANCE City Code Section 12-1D-1 addresses nonconforming uses and structures. In effect, the city allows for “the continuance of non-conforming structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified.” Section 12-1D-1: Subpart 4 also provides the following: “Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.” As noted earlier, this original service station structure was constructed in 1966. Reviewing the old city Zoning Ordinance of 1954, “Service Station” was a permitted use under the old BC-Business and page 97 Commercial Districts (staff assumes the subject site was zoned commercial). It appears there were no minimum lot or structure setback standards in that period; new site plans were simply reviewed and approved by the Planning Commission and City Council. In later Zoning Ordinance editions, “Motor fuel stations” were added as a conditional use in the B-2 District. Searching city records, there does not appear to be any evidence of a conditional use permit issued for this motor fuel station at this location. In this particular application, approval of the requested variance would technically constitute an amended or new conditional use permit applied to the property. Under this application review, the Applicants are seeking relief (or a variance) to the Subpart No. 4 noted above, since the expansion is technically extending or intensifying the nonconforming use. Variance Process City Code Section 12-1L-5 governs variance requests. The city must consider a number of variables when recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties; and (ii) impact to the community. The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner is due to circumstances unique to the property, not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of the locality or neighborhood. It is also noted that economic considerations alone do not constitute practical difficulties. In addition, variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. Section 12-1L-5(E)(1) further provides other issues the city may consider when granting or denying a variance, noted as follows: • Effect of variance upon health, safety, and welfare of the community. • Existing and anticipated traffic conditions. • Effect on light and air, as well as the danger of fire and the risk to public safety. • Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan. • Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue hardship or difficulty. When considering a variance request, the Planning Commission must determine if these standards have been met in granting a variance, and provide findings of facts to support such a recommendation to the City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or has not fully demonstrated a reasonableness in the granting of such variance, then findings of fact supporting a recommendation of denial must be determined. As part of any variance request, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text), followed by a brief staff response: 1. The property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance. Applicant’s Response: The [owner] is unable to keep up with business capacity with existing layout, due to property lines unable to make building bigger. Staff’s Response: The subject property as it exists today continues to function well and successfully as a motor fuel station and automobile service center for the locality and community. This structure was built with small, covered, open area at the NW corner of the building; and the Applicant’s request to simply fill this space in with additional usable building space appears reasonable. The site requires at least 4 spaces per bay, plus one space for each 150-sf. of retail floor space. The site appears to meet page 98 this requirement, so no additional parking will be needed or an added variance to parking needed, due to this new service bay and store expansion/remodel. Staff opines the proposed 3rd service bay addition and remodeling/expansion to this motor fuel/auto service station does not drastically change the overall use of this property; the overall use and enjoyment of this commercial property will continue as it was originally intended to serve – as a motor fuel/service station; the building footprint remains the same; and there are no impacts to the surrounding uses, parking, or setback/lot lines. Therefore, this requested variance is considered a reasonable request and an appropriate means for allowing the continued and successful use of this property 2. The plight of the property owner is due to circumstances unique to the property, not created by the property owner. Applicant’s Response: The old building is outdated. Property lines make expansion not a viable plan. Staff’s Response: In reviewing the old 1966 survey record, and theorizing that setbacks may not have been applicable back in 1966, it appears the property and structure was developed as it currently sits and exists today. The current B-2 Districts’ setback standards of 30-ft. side-yard and 50-ft. rear-yard, and 1-acre lot size requirement, clearly make this property fall under the nonconforming category, and very unique for similar commercial zoned properties. Since this structure was built with very reduced setbacks and a limited sized site, the opportunity for expansion is restrained and limited. However, in this case, the areas of the building where the Owners wish to remodel and expand into, are essentially within the overall footprint established by the building’s roofline. There is no true “outward” or extended expansion outside the building; and no increased impacts to setbacks, which have already been established by the building’s current footprint. Due to the location of the service station structure and its proximity to the adjacent side-yard lot line will not be impacted by the expansion, this variance request appears treasonable; which may give some added weight to creating or supporting this practical difficulty argument on the property owner. 3. The variance, if granted will not alter the essential character of the neighborhood. Applicant’s Response: The building will be same use; [as a] service station. Staff’s Response: The subject property is surrounded entirely by commercial uses, with Mendakota Golf property on the opposite side of Dodd Road. The new service bay addition and remodeling project represents a considerable investment by the Owners. Staff believes the Applicant has demonstrated through their design/elevation plans, that the new bay addition and remodeling will not look out of place, or detract from the overall design and feel of the existing structure; and should have very little impact to the neighboring properties. Staff believes the essential character of the neighborhood would not be altered by the granting of this variance. 4. Restrictions on Granting Variances. The following restrictions should be considered when reviewing a variance: a) Economic considerations alone do not constitute practical difficulties. When weighing the economic factor(s) of a variance application, taking economic considerations into account alone should not be the reason for either denying – or approving a variance. In this particular case, the owners are simply requesting to add a 3rd service bay, due to the increased demand placed by customers, which is partly attributed to some part by the addition of new residents from the nearby Reserves Apartments. Although one can conclude this new service bay and addition will provide some economic value to the Applicant by increasing auto service business and added property values, the Applicant has demonstrated other practical difficulties in this case, and reasonable justifications for requesting page 99 this variance. It is not clear how economic considerations alone may affect the outcome of this variance request, as they do not appear to be the sole reason for rejecting this variance. b) Variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. Staff finds that the requested expansion and improvements plans for the subject site as requested by the Applicant, are in harmony with the general purposes and intent of the B-2 Neighborhood Business district, as this proposed addition is consistent with similar allowed uses in the underlying zoning. The city is not allowed to permit a variance on any use not allowed in the district where the property is located (i.e. “use variance”); and this variance is not requesting such a use. The subject property is designated MU-PUD in the current 2030 Comp Plan and scheduled to continue as MU Mixed Use in the proposed 2040 Comp Plan. Certain land use goals and policies are noted below (note: LUG= Land Use Goal; LUP = Land Use Policy): • 2030 LUG #3: Support industrial and commercial development in designated areas. • 2030 LUP #5: Emphasize quality design, innovative solutions, and a high general aesthetic level in community development and building. • 2040 LUP #2.2.2: Emphasize quality design, innovative solutions, and a high general aesthetic level in community development and building. • 2040 LUP #2.2.4: Encourage development and planning of land that provides reasonable access to the surrounding communities. • 2040 LUP # 2.2.6: Provide a mechanism to allow for the maintenance and reinvestment in select non-conforming properties. The guiding principles in both comprehensive plans provide for supporting commercial development (and improvements) in commercial areas; and providing mechanisms to allow for the maintenance and reinvestment of nonconforming properties, such as the subject property. The requested variance appears to meet these goals and policy statements established under the comprehensive plans for the community; and will provide an opportunity for substantial investment to an existing nonconforming property; and enhance its overall use and enjoyment by the owner. The proposed addition poses no threat or any effect on light and air, as well as the danger of fire and the risk to public safety. This new addition and request for variance can be viewed or considered in harmony with the general purpose of the zoning ordinance and consistent with the current and proposed land use plans for the community. ALTERNATIVES 1. Recommend approval of the variance request, based on the following findings of fact that support the granting of the variance requested herein, noted as follows: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” page 100 B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of the Variance to City Code Section 12-1D-1, as it relates to expanding or increasing a nonconforming structure on the subject site, located at 2030 Dodd Road, by: i.) the proposed 3rd service bay addition and remodeling/expansion to this motor fuel/auto service station does not drastically change the overall use of this property; the overall use and enjoyment of this commercial property will continue as it was originally intended to serve – as a motor fuel/service station; the building footprint remains the same; and there are no impacts to the surrounding uses, parking, or setback/lot lines. Therefore, this requested variance is considered a reasonable request and an appropriate means for allowing the continued and successful use of this property. ii.) the subject property was originally developed in 1966 with the absence of certain lot/setback standards, which are now in effect and present today, thereby creating some unique circumstances, difficulties or impediments to the Owner/Applicant on providing a reasonable addition to the business, except by means of a variance. iii.) approving the Variance does not change the essential character of the neighborhood, as the neighboring properties are all commercial, and no properties will be negatively impacted or affected by approving this variance; and iv.) This new addition and request for variance to expand a nonconforming structure/use is considered in harmony with the general purpose of the zoning ordinance and consistent with the current and proposed goals and policies in the comprehensive plans for the community. C. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variance will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of the Variance is for 2030 Dodd Road only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2020- 05, dated and presented March 24, 2020 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2020-____. (final number to be assigned later) F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: i.) The proposed expansion shall not extend further than what is presented in the Site/Elevation Plans as presented with Planning Application Case No. 2020-05. ii.) The new addition will match the overall architecture and design (including any new upgrades to the exterior) as proposed by the Applicant. iii.) Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance is approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition within one-year from said approval date. page 101 2. Recommend denial of the variance request, based on the findings of fact that confirm the Applicant failed to meet the burden(s) of proof or standards in granting of the variance requested herein, noted as follows: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The Applicant has not met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a variance to expand an existing nonconforming structure or use in the B- 2 Neighborhood Business district. The proposed addition is not essential to the overall enjoyment and continued use of the property; and the fact remains the addition can only be allowed by means of a variance, which is contrary to the general spirit and intent of the Zoning Code. C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends the Planning Commission give careful consideration to Alternative No. 1, approval of the variance with findings of facts to support the granting of said variance, with the conditions noted therein. Attachments 1. Aerial/Site Location Map 2. Planning Application – with Variance Response (Narrative) 3. Site Plan/Floor/Elevation Plans 4. Survey – 1966 5. City Code Section 12-1D-1 page 102 2030 Dodd Road Property Information March 18, 2020 0 110 22055 ft 0 30 6015 m 1:1,200 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. page 103 12-1D-13-3: MOTOR FUEL STATIONS AND MOTOR FUEL STATION CONVENIENCE STORES: A. Conditional Use Permit Required: All motor fuel stations and motor fuel station convenience stores shall require the issuance of a conditional use permit as per section 12-1L-6 of this chapter. Upon the issuance of a conditional use permit for a motor fuel station and convenience store by the council, said permit shall be in force on a temporary basis for a period not to exceed fifteen (15) months from the date of issuance. If, during said fifteen (15) month period, construction has not been completed and the motor fuel station is in operation for a period of less than thirty (30) days, said conditional use permit shall be void. B. Compliance With State Regulations; Flammable Liquids: 1. Any building used as a motor fuel station or convenience store shall be constructed and maintained as required by the rules and regulations relating to the state fire marshal governing the handling, storage and transportation of flammable liquids. 2. Every facility, whether underground or aboveground and whether indoors or out of doors, for the handling, storage, and movement of flammable liquids shall be constructed and maintained in accordance with the rules and regulations of the state fire marshal. C. Yards And Setbacks: 1. Notwithstanding anything to the contrary in other sections of this chapter, the following minimum requirements shall be observed for yards and setbacks of motor fuel stations and convenience stores: Minimum lot size 1 acre Lot width 200 feet Front yard 60 feet Side yard: Interior 30 feet Adjacent to a street 60 feet Rear yard 50 feet Pump setback 40 feet 2. Each side abutting a public street shall be considered a front yard. 3. A setback of any overhead canopy weather projection freestanding or projecting from the station structure shall be not less than twenty feet (20') from the street right-of-way line nor less than twenty feet (20') from the adjacent property line. page 104 D. Height Limit: Total height of any overhead canopy or weather projection shall not exceed twenty feet (20'). E. Parking And Driveways: 1. The surface parking and service areas, except for access driveways, shall be no closer than twenty feet (20') from any exterior property line. 2. Entire motor fuel station site other than that part devoted to landscaping and structures shall be surfaced with asphaltic or cement concrete surfacing to control dust and provide adequate drainage, and such surfaces shall be designed to fit the requirements of a minimum seven (7) ton axle load. 3. All interior curbs shall be constructed within the property lines to separate driving, parking and service areas from landscape and the public right-of-way areas. Such curbing shall be constructed of concrete and shall be of a six inch (6") nonsurmountable design. 4. The minimum distance between driveways shall be thirty feet (30') measured along the property line. 5. The minimum driveway angle shall be forty five degrees (45°). 6. All outside parking spaces shall be located in the side and/or rear of the principal structure not adjacent to the street. 7. A minimum of four (4) outside parking spaces plus three (3) additional outside parking spaces for each enclosed service stall shall be provided. One additional outside space shall be provided for each one hundred fifty (150) square feet of floor space devoted to retail sales in a motor fuel station convenience store. In the case of rental of trailers, trucks and other vehicles, one parking space shall be provided for each rental unit. 8. Access and parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Said driveway access shall not exceed thirty feet (30') in width at the public street right-of-way line and shall be so limited so as to cause the least interference with the traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked on the pavement. F. Storage And Sale Of Vehicles And Products: 1. All rental campers, trailers, or motor vehicles shall be stored within the rear and/or side yard not adjacent to the street. 2. Service station premises shall not be used as a place of storage for wrecked, abandoned or junked automobiles. No motor vehicle in need of repair shall be stored on the premises of a service station for a continuous period of more than seven (7) days, except when so stored pursuant to a police directive. 3. Open storage of inoperable motor vehicles shall not be permitted for a period of more than forty eight (48) hours3. (Ord. 429, 8-3-2010) 4. Service station premises may be used as a place of sale or resale, or as a place for display for sale or resale, of new or used motor vehicles with a gross vehicle weight of ten thousand (10,000) pounds or less, subject to the following standards: page 105 a. Only businesses that provide on-site automotive repairs will be licensed to conduct such vehicle sales; b. No vehicles shall be marked or have any visible signs indicating "For Sale" or similar; c. Vehicles for sale under this provision will be limited to no more than two (2) vehicles on the site; d. Vehicles for sale shall not be placed in any front yard setback (including a corner front yard) of the subject property, and vehicles must be stored in an inconspicuous area of the property as approved by the Zoning Administrator. (Ord. 534, 10-16-2018) 5. All goods for sale by the motor fuel station or convenience store shall be displayed within the principal structure. There shall be no outside display or sales. 6. Tires for sale shall not be stored or displayed outside the service station structure, except: a) in a display rack during business hours; or b) in a permanent outside display container located in conformance with the setback requirements of this chapter and completely enclosable. Such display container shall be closed when the station is not open for business. G. Architecture And Landscaping: 1. A minimum twenty foot (20') landscaped yard shall be planted and maintained within all property lines except at driveway entrances. 2. Each motor fuel station shall be architecturally designed so as to be compatible with the general architectural intent of the area in which it is located. 3. For the purposes of architectural appropriateness, each and every side of the motor fuel station shall be considered a front face. 4. Wherever a motor fuel station abuts on a residential district, a fence or compact evergreen hedge not less than fifty percent (50%) opaque nor less than six feet (6') high shall be erected and maintained along the side and rear property line that abuts the residential district. Application of this provision shall not require a fence within fifteen feet (15') of any street right-of- way line. H. Lighting: All outdoor illumination shall be provided with lenses, reflectors or shades which shall concentrate the light upon the premises so as to prevent any glare or rays of light being directly visible upon adjacent street or roadway, or adjacent property. Site lighting shall create no more than 0.2 foot-candle at the property line of any commercial or industrial parcel or public right-of- way, and zero (0) foot-candles at the boundary line of residential property. I. Debris, Trash And Waste: 1. Used oil cans, discarded auto parts, discarded tires, trash, waste materials, and similar items of debris shall not be stored on service station premises, unless such items of debris are located in an enclosure and are completely out of public view. Such debris shall be removed from the premises at least once a week. 2. No materials shall be burned on the premises of a service station, except in an approved commercial incinerator complying with the ordinances of the City. Barrels and similar containers shall not be used for incineration. (Ord. 429, 8-3-2010) page 106 page 107 page 108 page 109 page 110 Cashier -Convenience StoreRestroomOutside CoveredAreaStorageStoragepage 111 EXISTING SERVICE BAYNEWSERVICE BAYEXISTING SERVICE BAYNEWCASHIER/RETAIL AREA NEWRESTROOM page 112 page 113 B) PLANNING CASE 2020-05 SEAN HOFFMAN AND JEFF WIELAND, 2030 DODD ROAD – VARIANCE Community Development Director Tim Benetti explained that Sean Hoffman and Jeff Wieland, manager and owner of Mendota Heights BP-Amoco Station, are requesting consideration of a variance to the provisions of City Code Section 12-1D-1 related to nonconforming uses, structures and lands. This variance would allow the owners to expand a legal nonconforming structure and use at this location. The property is located at 2030 Dodd Road. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission. Staff recommended approval of this application based on the findings and with conditions. Commissioner Corbett asked where the findings of fact could be found. Community Development Director Tim Benetti provided clarification on where those details can be found in the staff report. Commissioner Katz referenced the project scope plan, noting that it appears an existing service bay would be converted to a carwash. Community Development Director Tim Benetti replied that is an outdated plan (old survey from 1966) that is not a part of this plan. Commissioner Katz stated that the existing cashier and convenience store area are being turned into a service bay and asked if the pumps would need to be relocated. Chair Magnuson asked what the Commission is being asked to vary. Community Development Director Tim Benetti replied that the variance is the expansion of a nonconforming structure that does not meet setbacks. He stated that the main goal with an expansion is not to increase any nonconforming elements. He stated that the established footprint would not be expanded as the expansion would be filling in a notched area with more building. Chair Magnuson stated that if the setback requirements for today were imposed on the site, there could not be a gas station at that location. Community Development Director Tim Benetti confirmed that to be true. Chair Magnuson opened the public hearing. page 114 Sean Hoffman, 2030 Dodd Road, stated that they want to expand into a third bay, under the existing roofline, to increase flexibility in scheduling. He stated that the pumps are not going to be moved, but the first pump nearest the garage doors may be eliminated if it becomes nonviable. Commissioner Toth stated that it appears the storage area will become part of the convenience store and asked where the storage would occur. Mr. Hoffman provided details on the storage that would occur, noting that they follow a similar model at another location. Commissioner Toth asked for input on the statement in the applicant’s narrative that there is demand for an additional service bay. Mr. Hoffman replied that they have had an increase in business as the residential areas in the community continue to grow. He stated that he has had to delay appointments because of scheduling, which sometimes causes customers to go to another business. Commissioner Toth commented that the parking space is condensed onsite. Mr. Hoffman noted that they also rent parking spaces from the adjacent mall. Commissioner Toth commended the business for keeping a clean site. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST WITH THE FINDINGS OF FACTS TO SUPPORT THE GRANTING OF SAID VARIANCE, WITH THE CONDITIONS NOTED THEREIN. AYES: 5 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its April 7, 2020 meeting. page 115 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-25 RESOLUTION APPROVING A VARIANCE FOR MENDOTA HEIGHTS BP-AMOCO SERVICE STATION LOCATED AT 2030 DODD ROAD (PLANNING CASE NO. 2020-05) WHEREAS, Sean Hoffmann and Jeff Wieland, acting on behalf of Mendota Heights BP- Amoco Auto Service Station (as the “Applicant”) applied for a Variance on the property located at 2030 Dodd Road (the “Subject Property”), legally described on attached Exhibit A; and WHEREAS, the Applicant is seeking a Variance to the provisions of City Code Section 12-1D-1 related to Nonconforming Uses, Structures and Lands, whereby the variance would allow the Applicant to extend and intensify an existing legal nonconforming structure and use at the subject property, as proposed under Planning Case No. 2020-05; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted: and WHEREAS, on March 24, 2020, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item with staff and the Applicant, the Planning Commission recommended unanimously (5-0 vote) to approve the application for Variance, with certain findings of fact to support such approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and the Variance requested under Planning Application Case No. 2020-05 is hereby approved, with the following findings of fact: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. page 116 “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of the Variance to City Code Section 12-1D-1, as it relates to expanding or increasing a nonconforming structure on the subject site, located at 2030 Dodd Road, by: i.) the proposed 3rd service bay addition and remodeling/expansion to this motor fuel/auto service station does not drastically change the overall use of this property; the overall use and enjoyment of this commercial property will continue as it was originally intended to serve – as a motor fuel/service station; the building footprint remains the same; and there are no impacts to the surrounding uses, parking, or setback/lot lines. Therefore, this requested variance is considered a reasonable request and an appropriate means for allowing the continued and successful use of this property. ii.) the subject property was originally developed in 1966 with the absence of certain lot/setback standards, which are now in effect and present today, thereby creating some unique circumstances, difficulties or impediments to the Owner/Applicant on providing a reasonable addition to the business, except by means of a variance. iii.) approving the Variance does not change the essential character of the neighborhood, as the neighboring properties are all commercial, and no properties will be negatively impacted or affected by approving this variance; and iv.) This new addition and request for variance to expand a nonconforming structure/use is considered in harmony with the general purpose of the zoning ordinance and consistent with the current and proposed goals and policies in the comprehensive plans for the community. C. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variance will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of the Variance is for 2030 Dodd Road only, and does not apply or give precedential value to any other properties throughout the City. All variance page 117 applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2020-05, dated and presented March 24, 2020 (on file with the City of Mendota Heights), and is hereby fully incorporated into Resolution No. 2020-25. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: i.) The proposed expansion shall not extend further than what is presented in the Site/Elevation Plans as presented with Planning Application Case No. 2020- 05. ii.) The new addition will match the overall architecture and design (including any new upgrades to the exterior) as proposed by the Applicant. iii.) Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance is approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition within one-year from said approval date. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the Mendota Heights BP-Amoco Auto Service Station property, located at 2030 Dodd Road, and as proposed under Planning Case No. 2020-05, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk page 118 EXHIBIT-A PROPERTY ADDRESS: 2030 DODD ROAD Mendota Heights, Minnesota 55120 PID No. 27-02500-50-020 LEGAL DESCRIPTION: Part of the West One-Half (1/2) of the Northwest Quarter (1/4) of the Southwest Quarter (1/4) commencing on the centerline of Trunk Highway #149 and 275 feet Southwest of its intersection with Trunk Highway 100; thence Southeast at 90 degrees for 143 feet; thence Southwest at 90 degrees for 117 feet; thence Northwest for 149.29 feet to the centerline of Trunk Highway #149; thence Northeast on said centerline a distance of 159. 9 feet to point of beginning; and subject to Trunk Highway #149; all in Section 25, Township 28, Range 23, Dakota County, Minnesota. [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 119 REQUEST FOR COUNCIL ACTION DATE: April 7, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Ordinance 554: No Parking on Marie Avenue COMMENT: INTRODUCTION The Council is asked to approve Ordinance 554 amending City Code; Title 6, Chapter 3, Section 3 prohibiting parking on portions of Marie Avenue. BACKGROUND Mendota Heights has a proposed rehabilitation project planned for construction in 2020. Current no parking areas on Marie Avenue are identified as: Marie Avenue North Between Dodd Road and Delaware Avenue South 50 feet wide, centered on the pedestrian crosswalk located across Ridgewood Drive South Beginning at Dodd Road and extending 250 feet west Either Within 70 feet on either side of Trail Road DISCUSSION With Marie Avenue being a State Aid Street, MnDOT requires the “No Parking” areas be updated. The proposed areas are required where bump outs or roadway narrowing is proposed. The proposed parking restriction would add: Marie Avenue South Beginning at Lexington Avenue and extending 75 feet east Marie Avenue North Beginning at Lexington Avenue and extending 240 feet east Marie Avenue North Between Victoria Road and 75 feet west of Lilac Lane Marie Avenue South Within 75 feet on either side of Walsh Lane Marie Avenue South Beginning at Victoria Road and extending 200 feet west Marie Avenue South Beginning at Victoria Road and extending 300 feet east Marie Avenue Both Within 75 feet on either side of Eagle Ridge Drive Marie Avenue Both Within 75 feet of the crosswalk 700 feet east of I-35E BUDGET IMPACT The “No Parking” areas are required to be identified with street signs. Street signs will be installed with the 2020 street project. page 120 RECOMMENDATION Staff recommends that Ordinance 554 be adopted. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Ordinance 554, “AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE”. This action requires a simple majority vote. page 121 City of Mendota Heights Dakota County, Minnesota ORDINANCE NO. 554 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE The City Council of the City of Mendota Heights, Minnesota ordains as follows: The following streets are hereby added to Title 6, Chapter 3, Section 3, Paragraph C of the City Code: Parking prohibited on Certain Streets: No person shall park or leave standing any motor vehicle on the following streets or portions thereof in the City: Street Side Location Marie Avenue South Beginning at Lexington Avenue and extending 75 feet east Marie Avenue North Beginning at Lexington Avenue and extending 240 feet east Marie Avenue North Between Victoria Road and 75 feet west of Lilac Lane Marie Avenue South Within 75 feet on either side of Walsh Lane Marie Avenue South Beginning at Victoria Road and extending 200 feet west Marie Avenue South Beginning at Victoria Road and extending 300 feet east Marie Avenue Both Within 75 feet on either side of Eagle Ridge Drive Marie Avenue Both Within 75 feet of the crosswalk 700 feet east of I-35E Adopted and ordained into an Ordinance this 7th day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith City Clerk page 122 DATE: April 7, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 2020 Fourth of July Fireworks Comment: Introduction: The City Council is asked to consider earlier plans for the City-sponsored 4th of July Fireworks. Depending on the decision that is made, the Council would also need to approve a down payment for the display. Background: For approximately 20 years, the City of Mendota Heights has financially sponsored, in part or in full, a fireworks display on Independence Day. Earlier this year, the City approved a contract with Northern Lighters Pyrotechnics (NLP), the non-profit corporation which puts on the display. $14,000 was provided in the 2020 budget for this purpose. I was contacted recently by NLP, asking for a down payment of 50%, so that the fireworks can be ordered. For a variety of reasons, not the least of which is that a major overseas supplier has had a fire in its primary facility which has disrupted its ability to produce the product, fireworks themselves are in short supply. NLP indicates that an order should be placed by April 8th, or the number of options for obtaining the fireworks will diminish significantly. However, there are also financial concerns which have taken hold since the fireworks contract was initially approved. Many organizations, the City included, are anticipating difficult financial times in the upcoming months, and all non-essential expenditures are being closely scrutinized. Even in good years, many cities have considered Fourth of July fireworks displays as “optional”. In addition, even though the display itself is outdoors, watching fireworks does create opportunities for people to congregate. We do not know what social distancing recommendations will be by mid-summer. As a result, the shooting of community fireworks might not be desirable from a public health standpoint. However, to many people, the displays are a strong tradition, and this “normalcy” may perhaps be even more important to retain in difficult times such as these. I did ask NLP what would happen if the City approved a $7000 down payment now, but it was determined later that the display was unable to happen this year? I was told that, while the down payment page 123 was not refundable, it would be applied to any future display, whether that be later this fall, or on the Fourth of July, 2021. Recommendation: This is a policy decision by the City Council. Unfortunately, because of concerns about supply issues, a decision is needed at the April 7th meeting. Action Required: If the City Council wants to hold the 4th of July fireworks display as planned, it should so indicate. It should then, by motion, direct the Finance Director to issue a $7000 check as a down payment to Northern Lighters Pyrotechnics. If the Council decides that it wants to not hold the fireworks display this year, it should direct the City Administrator to inform Northern Lighters Pyrotechnics of that decision. Mark McNeill City Administrator page 124 DATE: April 7, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Discussion of Federal COVID 19 Employee Issues Comment: At the April 7th City Council meeting, Assistant City Administrator Cheryl Jacobson will discuss newly enacted Federal mandates relating to employee/employer labor and pay requirements. Mark McNeill City Administrator page 125 EMPLOYEE RIGHTS PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR WH1422 REV 03/20 For additional information or to file a complaint: 1-866-487-9243 TTY: 1-877-889-5627 dol.gov/agencies/whd 1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. has been advised by a health care provider to self-quarantine related to COVID-19; 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; 4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2); ► ENFORCEMENT The U.S. Department of Labor’s Wage and Hour Division (WHD) has the authority to investigate and enforce compliance with the FFCRA. Employers may not discharge, discipline, or otherwise discriminate against any employee who lawfully takes paid sick leave or expanded family and medical leave under the FFCRA, files a complaint, or institutes a proceeding under or related to this Act. Employers in violation of the provisions of the FFCRA will be subject to penalties and enforcement by WHD. 5. is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons; or 6. is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services. The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020. ► PAID LEAVE ENTITLEMENTS Generally, employers covered under the Act must provide employees: Up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave based on the higher of their regular rate of pay, or the applicable state or Federal minimum wage, paid at: • 100% for qualifying reasons #1-3 below, up to $511 daily and $5,110 total; • 2/3 for qualifying reasons #4 and 6 below, up to $200 daily and $2,000 total; and • Up to 12 weeks of paid sick leave and expanded family and medical leave paid at 2/3 for qualifying reason #5 below for up to $200 daily and $12,000 total. A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period. ► ELIGIBLE EMPLOYEES In general, employees of private sector employers with fewer than 500 employees, and certain public sector employers, are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons (see below). Employees who have been employed for at least 30 days prior to their leave request may be eligible for up to an additional 10 weeks of partially paid expanded family and medical leave for reason #5 below. ► QUALIFYING REASONS FOR LEAVE RELATED TO COVID-19 An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee: page 126 DATE: April 7, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Discussion of Change of City Council Meeting Times Comment: Introduction: At its April 7th meeting, the City Council will be asked to consider changing the starting time of its regular City Council meeting. Background: Mayor Garlock was notified the week of March 30th that his outside employer needs to reassign his work shift. As a result, the Mayor will not be able to participate in portions of any City Council meetings which extend beyond 8:00 PM. The Council is therefore asked to consider to begin the regular 1st and 3rd Tuesday meetings at a time earlier than 7 PM. This is proposed to be in effect during the times that the Council is meeting remotely, and would take place beginning with the April 21st City Council meeting. This assumes that social distancing advisories are still in place at that time. City staff would publicize any change. Action Required: The Council should discuss. If a change in the starting time of regular City Council meeting is agreed upon, it should be done by motion. Mark McNeill City Administrator page 127 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,MINNESOTA RESOLUTION 2020-28 A RESOLUTION CHANGING THE STARTING TIME FOR REGULAR MEETINGS OF THE MENDOTA HEIGHTS CITY COUNCIL WHEREAS, as a result of what is anticipated to be a temporary change in the outside work schedule of the Mayor of the City of Mendota Heights, the established starting time of regular meetings of the City Council, which is 7:00 P.M. on the first and third Tuesdays of the month, must be modified in order to permit the continued participation in those meetings by the Mayor; and WHEREAS, Section 1-5-3(A)(1) of the Mendota Heights City Code requires that any changes to the City Council's regular meeting time shall be established by a resolution of the Council; and WHEREAS,the City Council of the City of Mendota Heights has duly considered this matter, and desires to change the starting time of regular City Council meetings to P.M., so as to accommodate the change in the availability of Mayor; and WHEREAS, this change is considered to be temporary, and will remain in effect until rescinded by a future action of the City Council. NOW, THEREFORE,BE IT HEREBY RESOLVED by the City Council of the City of Mendota Heights that the starting time of regular City Council meetings held on the first and third Tuesdays of the month shall be changed to P.M. and shall remain so until future action is taken by the City Council. Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk