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1990-09-18 CouncilCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA SEPTEMBER 18, 1990 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. **** Approval of August 21st and September 4th Minutes. 5. Consent Calendar a. Acknowledgment of the.Auqu" lith Parks and Recreation Commission Minutes. b. Acknowledgment of the Treasuer's Report for August. c. Acknowledgment of the Fire Department Report for August. d. Acknowledgment of Objection to Colon/Morin Assessments. e. Acknowledgment of Update on Eagle Ridge Fire Protection Issues. f. Approval of a Fence Permit at 2444 Enterprise Drive. g. Approval of the List of Contractors. h. Approval of the List of Claims. * i. Authorization to Issue a Purchase Order for Striping the City's MSA Streets. * j Authorization to Issue Purchase Orders for Ballfield Improvements for the Existing Ballfields located in 4 Friendly Hills, Ivy Hills, Marie, Wentworth and Valley Parks. End of Consent Calendar 6. Public Comments 7. Proclamation a. Proclamation for Mend -Eagan Baseball Team. 8. Unfinished and New Business *** a. GMH Contract Status. b. Parks Report. c. Dakota County Funding Application for 1991 Recycling Program - RESOLUTION NO. 90-70 ** d. Acknowledgment Notice of Special Assessment Appeal - Morin Assessment.Roll. e. Discuss Starting Time of November 6th Council Meeting. 9. Council Comments 10. Adjourn to the Council Workshop on October 2, 1990 at 7:00 P.M. CITY OF MENDOTA HEIGHTS MEMO September 18, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Admin' SUBJECT: Add On Agenda for September 18th Council Meeting Attached, please find the revised agenda for tonight's Council meeting. Two items have been added to the Consent Calendar section of the agenda (*). One item has been added to the unfinished and new business section of the agenda (**). Additional information has been added to item 8a. under the unfinished and new business section of the agenda (***). Also submitted for your review are the September 4th Council minutes (****). 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on pink paper. 4. Approval of the August 21st and September 4th Council Minutes Please review the September 4th Council Minutes as submitted by City Clerk Kathleen Swanson. 5i. 1990 Street Striping Please review the attached memorandum and consider authorizing staff to issue a purchase order for striping the City's MSA streets this fall. 5j. Ballfield Improvements Please review the attached memorandum and consider authorizing staff to issue purchase orders for ballfield improvements at the existing ballfields located in Friendly Hills, Ivy Hills, Marie, Wentworth and Valley Parks. 8a. GMH Contract Please review the additional information submitted for this item already scheduled on the agenda. 8d. Acknowledgment Notice of Special Assessment Appeal - Morin Assessment Roll Please review the attached memorandum regarding the, assessment appeal. Page No. 2891 September 4, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Fbgylar Meeting Held TuesdAyJ1 4, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota He was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting, as amended to move item 4f (Lexington Heights Apartment bond refinancing) to the regular portion of the agenda. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the draft minutes of the August 28th Planning Commission meeting. b. Acknowledgment of the code enforcement monthly report for August. c. Acknowledgment of the quarterly engineering project report. d. Acknowledgment of a letter from Stanley Dupre, 560 Miriam, objecting to his proposed assessment (North Ivy Hills project) and the hearing process. e. Adoption of Resolution No. 90-63, "ADOPTION OF THE CITY OF MENDOTA HEIGHTS FLEXIBLE BENEFITS PLAN." f. Approval of the installation of street lights in the Deer Trail Hills Addition by the developer at the locations proposed in 4 plan submitted with the agenda. Page No. 2892 September 4, 1990 g. Approval of the list of contractor licenses dated September 4, 1990 and attached hereto. h. Approval of the list of claims dated September 4, 1990 and totalling $147,077.95. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 LEXINGTON HEIGHTS Ms. Barbara Portwood, from Holmes and Graven, REFINANCING and Mr. James Riley were present with respect to Mr. Riley's request for approval of the refunding of housing revenue bonds for the Lexington Heights Apartments. It was noted that the original request was for refunding but that there is an additional handout document this evening which, if authorized, would allow Mr. Riley to proceed with an amendment to the original bond documents if this is ultimately preferable to refunding. Mayor Mertensotto informed Council that he has met with Mr. Riley to discuss the City's fee and that they have arrived at a compromise figure of $15,000, regardless of whether Mr. Riley decides to amend the original documents or refund. Mr. Riley confirmed that he agrees to a $15,000 fee in conjunction with his application. Councilmember Cummins asked whether the City's legal counsel has had the opportunity to review the alternate (handout) resolution. Acting City Attorney Lloyd Grooms stated that he has not, but that in the event that the existing documents are amended, the developer would expect to come beck in the future for refinancing. Councilmember Cummins moved adoption of Resolution No. 90-64, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (FHA INSURED MORTGAGE LOAN - LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 1990A (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM Page No. 2893 September 4, 1990 OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, AN AMENDED AND RESTATED REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," Resolution No. 90-65, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 1990B (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, AN AMENDED AND RESTATED REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," and Resolution No. 90-66, "AUTHORIZING AMENDMENTS TO DOCUMENTS RELATING TO THE CITY'S $11,000,000 HOUSING MORTGAGE REVENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) DATED DECEMBER 1, 1983," subject to review and approval of the City's legal counsel and payment of a $15,000 fee to the City, along with authorization for execution by the appropriate City officials. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 FURLONG PETITION Mr. Robert Tousignant, 1300 Furlong Avenue, was present representing residents of the Furlong Addition, to submit a petition for public improvements to serve the Furlong area. Responding to a question from Mayor Mertensotto, he informed Council that this is a new petition and contains signatures of both spouses in each case except where one spouse is deceased. He corrected the petition date to October 29th. Mr. Tousignant read the petition for the Council and audience, and stated that 19 of 33 Furlong property owners, (60 percent) signed the petition. Page No. 2894 September 4, 1990 Mayor Mertensotto stated that the last time the Furlong residents were before the Council, he had informed the residents that capping of wells and connection of the sewer line into the houses will cost upwards of $5,000. He stated that the residents would not have to hook up to water but must connect the sewer within a year after it is available unless Council does something. There have been some residents who have said that they have operating systems with no problems and perhaps Council could have the engineering staff determine whether it might be possible to have a two year delay for sewer hook-up if it is not necessary to do so immediately. Councilmember Hartmann stated that as it pertains to the wells, he believes the residents would have to cap their wells if they are disconnected but that they could be used for lawn sprinkling. Public Works Director Danielson responded that staff needs to check with the Dakota County Health Department, but that if a well is functioning it can be left in service. Mr. Tousignant stated that this is an engineering issue that can be addressed if Council accepts the petition. He stated that obviously there are others who may feel there is some other solution, but that this is the highest percentage of neighborhood agreement that has ever been achieved (with respect to utilities). Mayor Mertensotto stated that Council needs a ruling on whether, since Council is being asked for a hearing, etc., it is anticipated that this would be an M.S. 429 project. He suggested that there could be an assessment hearing in advance of construction. Administrator Lawell informed Council that Council action this evening could be to accept the petition and determine its adequacy, and to accept the feasibility report and call for a feasibility hearing. Councilmember Anderson moved adoption of Resolution No. 90-67, "RESOLUTION ACCEPTING PETITION AND ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENTS TO SERVE THE FURLONG Ayes: 3 Nays: 2 Blesener Cummins Page No. 2895 September 4, 1990 AREA AND SURROUNDING AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4," the hearing to be held on October 4, 1990, and to make a finding that the petition is adequate in order to proceed under M.S. 429 without an extraordinary majority of the Council. Councilmember Hartmann seconded the motion. Councilmember Hartmann asked whether there was a stated purpose for including the Furlong Addition in the tax increment district when it was originally established. Treasurer Shaughnessy responded that in the original plan, the reason the Furlong area was included was because it was felt that the area would need a subsidy if it were ever to get sewer and water. Councilmember Cummins asked whether it was included because the property would eventually become part of a commercial area along T.H. 55. Mr. Shaughnessy responded that that was not planned but that the water loop was envisioned. Councilmember Cummins asked that the City Attorney be asked to give Council a memo that this is an appropriate use of the TIF funds, particularly because the owners of the property are saying that the improvements will not increase their property values to the full extent of the assessment. He stated that he would like to make sure that the City is acting appropriately with respect to this use of TIF. He felt that Council would be asking the rest of the City to subsidize $15,000 per lot. Councilmember Hartmann felt that it is appropriate to use the TIF funds and commented that taxes for the whole area have been going into the tax increment district. Councilmember Anderson felt that it would be a waste of tax payers' money to ask for a legal opinion and that the only other information Council has heard is that it would cost $4 million to buy out the neighborhood. He pointed out that the City already owns two lots,in the neighborhood which could probably Page No. 2896 September 4, 1990 be sold and pay half of the City's TIF costs if utilities are installed. Councilmember Cummins withdrew his request for legal opinion. 1990 AUDIT Steve Laible and Dave Berryman, from Peat Marwick Main, were present to review the 1990 audit. Mr. Laible gave Council a brief oral presentation on the report which was issued in June and answered Council questions. He. informed Council that the City's general fund balance has been very consistent with the state City objective to maintain balances for contingencies and that the opinion is consistent with statutory requirements and fiscal prudence. HEARING - RISCHALL Mayor Mertensotto opened the meeting for the EASEMENT VACATION purpose of a public hearing on an application from Dr. and Mrs. David Rischall, 610 Callahan Place, for the vacation of a slope easement over Lot 35, Willow Springs Addition. Dr. and Mrs. Rischall and Lou Brenner, their legal counsel, were present for the discussion. Mayor Mertensotto explained that the applicants are requesting release of a 105 by 60 foot parcel that the City owns fee title to and the westerly thirty feet of a 70 foot slope easement which runs over the east side of the lot. Mr. Brenner explained that the Rischalls are asking for release of the portion of the easement which they maintain. Mayor Mertensotto stated that the area being maintained by the Rischalls now is the easement area and the part the City holds.fee title on is rugged and in its natural state. He felt that the City should maintain as much buffer as possible along Warrior. He asked whether the applicants would be willing to offer the City some consideration for release of the fee title property. Mr. Brenner stated that the Rischalls would pay the City $2,000 for the 60 by 105 parcel, subject to City easement over the easterly 30 feet. He further stated that the applicants will prepare a deed and abstract if Council approves a quit claim deed for the 105 by 60 foot parcel to square the northeast corner of Page No. 2897 September 4, 1990 the lot and the City would reserve an easement over the easterly 30 feet. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved'to close the hearing. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved to deny the application for vacation of the westerly 30 feet of the slope easement across Lot 35, Willow Springs Addition. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved to convey fee title to the 60 by 105 foot right-of-way area, reserving the easterly 30 foot slope easement across that right-of-way, conditioned upon a $2,000 consideration to the City. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING - CON/SPEC Council acknowledged a request from the (MIST) M.I.S.T. to continue the hearing on their application for conditional use permit and variance for a soccer arena to January 15th. Councilmember Cummins moved to continue the hearing to 8:00 P.M. on January 15, 1991 in accordance with the request of the applicant. CASE NO. 90-30, Mr. Paul Mateyka was present to request MATEYKA WETLANDS approval of a wetlands permit to allow construction of a home on Lot 4, Block 1, Spring Creek Addition. Mr. Mateyka stated that he agrees to the Planning Commission recommendation that the home be setback 34 feet from Spring Creek Circle in order to maintain a larger setback from the creek than he had originally requested. He submitted a letter of approval from his neighbor to the east. Councilmember Cummins moved to grant a ten foot front yard setback variance, along with approval of a 44 foot setback from Spring Creek, to allow construction of a home on Lot 4, Block 1, Spring Creek Acres 34 feet from Page No. 2898 September 4, 1990 the front property line, along with waiver of public hearing. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD Council acknowledged and briefly discussed a memo from the Public Works Director recommending preparation of a feasibility study for the proposed upgrading of Mendota Heights Road from Dodd Road to I-35 E to MSA standards. Councilmember Hartmann moved adoption of Resolution No. 90-68, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IMPROVEMENT OF MENDOTA HEIGHTS ROAD AND SANITARY SEWER, WATER AND STORM SEWER SERVICE TO ADJOINING AREAS." Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CABLE TELEVISION Council acknowledged and discussed a memo NARROWCASTING from the City Administrator regarding Cable Television narrowcasting and a proposed resolution. Administrator Lawell answered Council questions. Councilmember Anderson felt that to proceed with a survey of present customers with respect to the desire for narrowcasting would be a disservice and that if a decision on the issue is postponed the member cities will certainly lose more clout with respect to compensation negotiations. Councilmember Blesener agreed. Councilmember Cummins moved adoption of Resolution No. 90-69, "A RESOLUTION ON NARROWCASTING REQUIREMENTS IN THE CABLE TELEVISION FRANCHISE ORDINANCE." Councilmember Hartmann seconded the motion. Ayes: 3 Nays: Anderson Blesener PERSONNEL Council acknowledged a memo and recommendation from the City Administrator with respect to comparable worth adjustments for three City employees. It was the consensus of Council to table the z discussion to 7:00 P.M. on October 2nd and to Page No. 2899 September 4, 1990 discuss the personnel pay matters and for an update on continued obligations under the pay equity laws. PARK IMPROVEMENTS Council acknowledged and discussed a park improvement update prepared by the City Administrator and a letter from GMH Asphalt requesting 20 additional working days to complete its park/trailway and Sibley Park contracts because of rain delays and other difficulties. Mayor Mertensotto stated that there has been an impact because of rain but certainly not half of the summer as was stated in the GMH letter. Responding to a question from Councilmember Blesener, Parks Project Manager Guy Kullander stated that the park portion of the GMH contract relates to the ballfields at Hagstrom King park and Victoria Highlands and some' trail work. With respect to a question over seeding guarantees, Mr. Kullander stated that GMH must re -seed areas that do not take until the grass seed does take. Responding to a Council question, Public Works Director Danielson stated that two calendar weeks should be an adequate amount of time for the completion of the park/trail work. Mr. Kullander informed Council that the City would have to approve a timetable for completion of the contracts. Councilmember Blesener suggested that Council authorize a waiver for two weeks and then double the $200 per day penalty for non - completion if necessary. Administrator Lawell pointed out that the Sibley contract does not expire until November 1st and that staff recommends that the contractor be directed to concentrate all available resources to the completion of the Sibley improvements to insure that seeding of the soccer field occurs simultaneously with other field seeding this fall. He stated that staff is concerned with the progress that is being made at Sibley. Councilmember Anderson stated that it would be helpful for Council to know how many days the contractor was not working when the weather Ayes: 5 Nays: 0 Page No. 2900 September 4, 1990 was good. He stated that he does not feel sorry for the contractor because of rain if they are not working on good days. Administrator Lawell stated that the contract was independent of rain days, on the thought that there would be absolutely no excuse for not completing the park/trail contracts by September 1. Councilmember Anderson stated that the only control the City has is the $200 per day penalty and that he would not support any extension of the contract under the circumstances outlined in the staff memo. Councilmember Blesener expressed the concern that the GMH people will get pulled from Sibley to work on the other contracts. Councilmember Anderson moved that Council deny the contract extension request for the park improvement and paved walkway contracts and ask the contractor to comply with the contract for completion of the work under the Sibley Park contract. Councilmember Hartmann seconded the motion. Councilmember Cummins suggested that Council lay over the matter for two weeks and advise the contractor that Council will reconsider the request retroactively contingent on successful progress on all three contracts in the next two weeks. Mayor Mertensotto stated that he feels Council might lose another two weeks if that action were taken and that he would rather have staff indicate to the contractor that Council is concerned and denied the request but that this does not mean that Council would not reconsider if GMH has a change of heart in how it completes its contracts. SIBLEY COMFORT STATION The Council acknowledged a memo from the City Administrator regarding the Sibley comfort station. Parks Project Manager Guy Kullander reviewed estimated costs for the project if the City acts as the general contractor. He also reviewed the minor modifications made to the building plan. Page No. 2901 September 4, 1990 Mayor Mertensotto stated that the engineering time is an appropriate expense but felt that other City staff time should be absorbed by the general fund. Councilmember Anderson stated people who act as their own contractor never fully understand the time commitment involved and further stated that he is in favor of letting a contract for construction, using the modified plan, rather than having staff act as the contractor. Mr. Kullander stated that he did not originally know what the overlaps in the trades were but now sees where some were in conflict. He informed Council that the estimated construction cost is now below $50,000. He further stated that the role of the general contractor is basically to coordinate the sub -contractors, and that all of the subs who have submitted bids to him have done work in the City and are licensed. Block work and installation of the slab could begin any time. Council discussed the proposed changes in the plan. It was the consensus of Council that the wings on the building be eliminated. After discussion, Councilmember Blesener moved that the bids for construction of the Sibley Park comfort station be rejected and that staff be authorized to proceed with acquiring a building permit with the City acting as general contractor for construction of the comfort station. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto directed that staff check on the status of weed cutting at the old fire station site. Councilmember Blesener asked that staff prepare a status report on park improvements for distribution to the Council, Park Commission and members of the referendum committee. Councilmember-Cummins informed Council that he will.not be present.at the September 18th meeting. Page No. 2902 September 4, 1990 ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:28 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor CITY OF MENDOTA HEIGHTS DAKOTA COUNTY PARKS AND RECREATION COMMISSION MINUTES SEPTEMBER 11, 1990 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday September 11, 1990 in the City Hall Council Chambers, 1101 Victoria Curve. Chair John Huber called the meeting to order at 8:07 o'clock p.m. The following members were present: Lundeen, Huber, Kleinglass, Damberg and Spicer. Hunter and Katz were -excused. Staff members present were Parks Project Manager Guy Kullander and Administrative Assistant Batchelder. APPROVAL OF MINUTES Commissioner Spicer moved approval of the August 14, 1990 Parks and Recreation minutes. Commissioner Lundeen seconded. AYES: 5 NAYS: 0 STATUS REPORT Commissioner Spicer inquired about the City Council recognition of the Mend -Eagan Under -12 Baseball team that had placed fourth in the National Tournament. Administrative Assistant Batchelder responded that it was an agenda item for the September 18 City Council meeting and that staff would prepare certificates for the team and that a proclamation establishing Mend -Eagan Baseball Day would be prepared for the Mayor to proclaim in recognition of the team. Commissioner Spicer stated that it would be nice to have the trophy for display and that he would bring the state and the national trophies, as well as the banner for the Council meeting. Batchelder stated that City Council had requested a report of the status and progress of the Parks Referendum and that the Council had desired that the report be submitted to the Parks and Recreation Commission in a preliminary draft for their comments and suggestions. Batchelder stated that this draft was preliminary and that based on Parks and Recreation Commission suggestions, the report would be finalized, submitted to City Council for their acknowledgement and then it would be distributed to the members of the 1989 Citizens Park Review Committee. Chair Huber stated that a column should be added to the chart on page two that would show the percent of work completed in 1990 and what remained for future construction. Commissioners Lundeen and Spicer concurred that the report should highlight how much work is completed as compared to what was promised in the referendum. Chair Huber stated that the report should also state what needs to be done with the remaining resources allocated for improvements. The Commission concurred that the report should give an approximation of work completed as a percentage of the referendum, as it was advertised. Parks Project Manager Guy Kullander stated that the report did not show that the Trails budget would be receiving refunds from the MnDOT and County Hwy. Department as a portion of their participation in trails along state and county roads. Kullander stated it is not yet certain when and how much these refunds will be made. Chair Huber stated the report should state this fact. The Parks and Recreation Commission accepted the report with the suggested changes. BALLFIELD SITES Administrative Assistant Batchelder stated that this item was on the agenda for the purpose of the Parks and Recreation Commission to consider how they would like to examine the issue of the additional ballfield sites promised in the referendum. The Parks and Recreation Commission discussed the status of the negotiations for the Mendakota site. Chair Huber asked for the opinions of the other commissioners now that Mendakota and Kensington appear to be in a holding pattern. Huber stated that when the Citizens Park Review Committee discussed the number of ballfields needed they did not know how much money would be requested or where they would be sited. Huber stated that now we know the monetary allocations and the number of fields that have been built at Sibley Park. Huber stated he wanted to discuss, as a commission, the sites available, their constraints and the options of buying land. Huber inquired if the Commission felt that they should wait until after the Kensington and Mendakota sites are settled or if they wished to move forward on other third ballfield sites. The Commission indicated that they would wish to move forward and discuss the sites available. Commissioner Spicer stated that the Citizens Park Review. Committee had discussed a list of sites VERBAL UPDATE throughout the City and inquired if that list was still available and relevant. Kullander replied that the sites on the list were available and that in addition to the sites identified last year that the City staff had been directed to consider new sites as well. Kullander stated that this information could be provided to the Commission as a basis for a discussion. Commissioner Spicer inquired about the Mendota Plaza/MnDOT right-of-way site that had been on the list of preferred sites. Kullander replied that MnDOT had contacted the City and requested the City to respond on their intentions as regarded the right-of-way. Kullander stated that MnDOT was researching the underlying fee title owners for reversion of the right-of-way. Kullander described two additional sites that City staff had been researching as an additional ballfield site, one at Mulvihill and one on Resurrection Cemetary land. The Acacia site was discussed. Chair Huber requested that staff prepare a list of the old and new sites for distribution to the Commission. Huber stated that the Commission should explore the criteria for ballfield sites so that they may develop a list of sites for the Council and staff to pursue and negotiate on. Commissioner Spicer stated that there was the possiblity of another joint use ballfield with the School District at the School/Forest site, that the school could own the land and the City develop it in a manner that would allow for a future school to be built around it. The Commission discussed the second issue question of the referendum and its intended use. Commissioner Damberg stated that it was her understanding that this money was to be used for land acquisition. Commissioner Spicer agreed. Batchelder stated that the question was left open ended in order to give the city flexibility and discretion. Parks Project Manager Kullander stated that City Council had authorized staff to solicit for bids on the improvements to existing neighborhood ball fields. Kullander stated that City crews were doing the grading, top soil, ag lime and reseeding work at significant savings to the referendum money. Kullander stated that contracts would be let for backstop fencing, benches and concrete work. Kullander described the on-going construction work and its progress. He stated that City Council had imposed contractual penalties for failure to complete work by the September 1st deadlines on some of the contracts. Kullander described the Sibley Park construction work and the timing of the seeding of the fields. Kullander stated that Hagstrom-King and Victoria Highlands would be seeded by the September 15 deadline. Commissioner Damberg expressed concern about the quality of trailway construction, especially along the trail at Lexington Avenue between Marie and Overlook as an example of the poor construction. She described the trail along Lexington Avenue between Marie and Overlook as shoddy work. She also expressed concerns for the length of time to complete the Victoria Curve trail and the quality of the work along that section. Kullander explained that the curvature and slopes of some trail portions were necessary to address existing drainage. He stated that the County will eventually address the drainage concerns which caused the trail to curve and dip along Lexington when they reconstruct Lexington Avenue. Kullander stated that the City has exerted all the pressure in its power to get the contractor to finish Victoria Curve and the work still has not been finished. Comissioner Damberg stated that the landscaping restoration work should be finished and that trails were covered with dirt which could be hazardous. Commissioner Kleinglass reported a floorboard out at the Valley Creek bridge. Kleinglass stated he recognized that certain spots of the trail system were difficult, but that he had walked many portions of the trail system and found it to be acceptable. He inquired if the trails would be plowed in the winter. Kullander stated that along the roads, like Lexington and Marie they would be but not in Valley Park unless the Commission decides to change policy. Kullander stated that the Commission would also have to look at a sign policy for the trails, a park ordinance including the elimination of horseback riding on paved trails and pooper scooper signs along the trail. He stated these policies would be considered this winter. ADJOURN Administrative Assistant Batchelder stated that the City had not heard back from the insurance company about the cost of adding Park Place's private tot lot as an additionally insured on the City's liability policy: He stated that staff had visited the site to determine if work was necessary for bringing the play equipment up to City standards. Kullander described the upgrades and work that would be necessary to remove liability concerns. Batchelder stated that if the City added Park Place to its insurance, that we would want to control the maintenance, construction standards and use of the site, either through an agreement with the association or through acceptance of a dedication. Batchelder stated that there. was no park dedication, either in cash or land, when Park Place was subdivided. He stated this occurred because the Wachtler family had previously (many years earlier) dedicated Valley Park to the City with the understanding that when subdivision occurred there would be no further park dedication. Batchelder stated that -the developer had attempted to include the tot lot and tennis court area as a dedication to the City at the time of subdivision and that the City had declined to accept it. Batchelder stated that based on current City Park policy tot lots are discouraged and it is not certain that the City would accept it at this time. The Commission requested that the schematics of the Mendakota neighborhood park be brought to the next meeting for their review. Commissioner Damberg stated that she would like City staff to conduct research into health hazards of power lines and their proximity to people and parks. Parks Project Manager Kullander stated that the Commission would soon be discussing 1991 construction projects and that as this discussion moves forward we should be considering resident requests for refinements to the 1990 improvements. Chair Huber requested that staff provide a list of citizen suggestions and critiques for Commission response. Kullander stated that a Trail Maps would be a winter project. There being no further business, the meeting was adjourned 9:40 o'clock p.m. CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, AUGUST,1990 BALANCE DAKOTA COUNTY STATE BANK Checking Account 5% $119,691.18 Savings Account 5 1/2 508.19 C.D. Rep 7.25% 250,000.00 370,199.37 Collateral - Bonds 646,000.00 Gov't. Guar. 100,000.00 CHEROKEE STATE BANK C.D. due 9/4/90 350,000.00 @ 7.95% Savings Cert. 2/28/91 13,952.59 @ 7.2% 363,952.59 Collateral - Bonds 600,000.00 Gov't. Guar. 100,000.00 U.S. Treasurey 8 5/8% 5-15-93 Notes 498,671.88 $500,000 yield 8.728% COLLATERAL $746,000.00 $700,000.00 Value 7.31.90 (est.) U.S. Treasurey Money Mkt 1,601,328.12 (2,007,000.00) Gov't., Securities Fund 1,200,000.00 (1,780,000.00) TOTAL FUNDS AVAILABLE: $4,034,151.96 Funds Available 12/31/89 6,026,184.56 8/30/89 3,470,655.00 Rates Money Market Aug. 30 Bank 7.25% Fid 7.84% LES:kkb 9-6-90 MENDOTA HEIGHTS FIRE DEPARTMENT AUGUST 1990 MONTHLY REPORT FIRE CALLS NO. 90143 - 90157 ALARMS DISPATCHED: NUMBER ACTUAL FIRES 9 Structure - MH Commercial 95 Structure - MH Residential 1 Structure - Contract Areas 4 Vehicle - MH 1 Vehicle - Contract Areas 1 Grass/Brush/No Value MH 3 Grass/Brush/No Value Contract 8 MEDICAL 2 Assist 5 Extrication 1 HAZARDOUS SITUATION 118 Spills/Leaks 1 Arcing/Shorting LAST YEAR Chemical 676.5 Power Line Down 5114.5 FALSE ALARM Residential Malfunction 2 Commercial Malfunction Unintentional, - Commercial Unintentional - Residential Criminal GOOD INTENT Smoke Scare 1 Steam Mistaken for Smoke Other 1 MUTUAL AID 2 TOTAL CALLS 15 ATION OF FIRE ALARMS: TO DATE NUMBER OF CALLS: 1 5 STRUCTURE CONTENTS MISC. TOTALS TO DATE $0 $20,250 $2,200 $2,000 $3,700 $6,500 $10,000 TOTAL MONTHLY FIRE LOSSES $0 $0 $8,500 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $8,500 $36,150 MEND. HTS. ONLY STRUCT/CONTENTS $15,000 MEND. HTS. ONLY MISCELLANEOUS $8,950 MEND. HTS. TOTAL LOSS TO DATE $23,950 BILLING FOR SERVICES MENDOTA HEIGHTS 9 121 95 MENDOTA 1 12 4 SUNFISH LAKE 66 8 6 LILYDALE 3 12 8 OTHER 2 4 5 TOTAL 15 157 118 WORK PERFORMED HOURS TO DATE LAST YEAR FIRE CALLS 312.5 3050.5 1854.5 MEETINGS 64 497.5 439 DRILLS 66 619.5 480 WEEKLY CLEAN-UP 72 729 426 SPECIAL ACTIVITY 0 202 483 ADMINISTATIVE 96 1016 885.5 FIRE MARSHAL 66 579.5 546.5 TOTALS 676.5 6694 5114.5 AGENCY THIS MONTH TO DATE MN/DOT $0 MILW. RR $0 CNR RR $4,223 OTHERS - TOTALS: $0 $4,223 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 23 7,11M.1. __ 1�► RE -INSPECTION 10 MEETINGS ADMINISTRATION SPECIAL PROJECTS TOTAL 31 2 66 FOR SYNOPSIS FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR AUGUST 1990 CALLS FOR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER RESCUE ROOKIE SPECIAL 15 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL DRILL ACT. YEAR TO DATE ATT'D HOURS ATT'D THIS 3 2 2 3 2 2 2 AD 157 IMONTH MONTH YEAR YEAR IHOURS HOURS HRS HOURS HOURS HOURS HOURS lHRS 15 CHIEF John Maczko 4 4 67 43% 4 2 47 ASST. Bill Lerbs 9 11 67 43% 9 2 2 3 49 CAPT. Keith Stein 14 17.5 108 69% 3 2 2 3 Paul Dreelan 1 10 12 78 50% 2 2 Mike Coonan 8. 11 1 96 61% 1 2 1 2 Gordy Skierven 8 10 94 60% 3 4 2 Ed Adrian 1 1 13 93 59% 3 4 2 Jim Perron 8 11 76 48% 3 2 2 Mike Marscullio 4 4 36 23% 3 2 2 Tom Shields 11 14 81 52% 3 2 2 CAPT. R. McNamara 1 7 7 60 38% 3 2 Bill Chisler 6 6.5 66 4206 2 2 Marc Connolly 8 8.5 56 36% 3 Jamie Lerbs 10 13 88 56% 3 2 1 2 Dick Zwirn 3 3 65 41% 3 George Lowe 7 7 97 62% 3 4 2 3 Mike Johns 7 7 95 61% 6 2 Dave Dreelan 10 11 1 10 67% 3 4 2 0 0% CAPT. Jeff Stenhauq 1 1 14.5 102 65% 1 1 4 2 3 Leroy Noack 7 9 107 68% 2 2 Lambert Derks 3 3.5 72 46% 2 2 George Noack Jr. 2 5 1 73 46% Tom Olund 5 8.5 42 27% 3 2 Mike Maczko 10 13.5 83 53% 3 4 2 Aaron Coates 9 12.5 102 65% 1 2 Mark Kaufman 3 3 3 20% 3 2 Walt Klarkowski 5 5 5 33% 2 CAPT. John Neska 8 8.5 122 78% 3 2 2 3 Tom Weinzettel 5 5.5 47 30% 3 2 Ted Husnik 7 8 56 36% 3 2 2 John Lapakko 10 13.5 97 62% 2 2 Jim Kilburg 10 11 79 50% 6 2 2 Pat Knight 4 5 35 22% 2 2 Kevin Perron 5 5 48 31% 3 2 2 Tim Oster 8 11 77 49% 3 2 2 Roy Kingsley 8 10 8 53% 3 2 2 - TOTAL FOR MONTH 312.5 TOTAL ATTENDED 24 33 26 4 0 0 0 TOTAL FOR YEAR 3050.5 TOTAL MAN HOURS 72 66 52 12 0 0 0 THIS MONTH LAST MONTH LAST YEAR AVE. RUNS/MAN 8.03 xxxxxx CXXX XXXK)U xxx AVE. MENIRUN 1 17.13 16.00 15.74 AVE % FOR YEAR 49.42 48.99 47.93 SYNOPSIS The department responded to 15 calls during the month of August. None of these calls resulted in any serious property damage, however the fire department did respond to a potentially hazardous situation. At the Fina Station, 1960 Dodd Road, on August 28th at 7:52 P.M. the department was dispatched to a fire at the gas pumps at the station. Upon arrival we found that a vehicle had driven over one of the pumps causing a fire to ignite in the gas pumps. All of the safety features built into the pumping systems functioned properly. The head cashier, Tom Pribble, acted accordingly to prevent further complications in this situation. The fire was extinguished very quickly with only a small amount of gas actually burning and damage was kept to the gaso- line pumps, estimated at $2,500. The department also responded to two mutual aid calls, both were to the City of Eagan. One fire was a very stubborn fire at a carpet warehouse, 2950 South Lexington Avenue and the second was a vehicle fire on the 494 Bridge at the River Crossing. MONTHLY TRAINING The August general department training was spent drafting and hooking up to standpipe systems according to Fire Department Standard Operating Procedures. It also involved individual inspection at one of the business plazas in the industrial park and the Beth Jacob Synagogue, and a short preplanning session on how we would approach and have truck assignments at the synagogue. The monthly squad drill was spent familiarizing all firefighters with drafting procedures with primary emphasis on scenarios of fires in Sunfish Lake and Mendota. MEMO CITY OF MENDOTA HEIGHTS August 11, 1990 TO: Mayor, City Council and City FROM: James E. Danielson, Public Works SUBJECT: Colon/Morin Assessment Objections DISCUSSION• Attached are two letters the City received objecting to the storm sewer assessments from the Colon/Morin Project. EDGAR FISCHER• In his letter to the City, Mr. Fischer informs us that he previously paid $2,442.87 for street and storm sewer assessments, $890.37 was for storm sewer. Everyone included within the Morin project assessments has been assessed for storm sewer before. The Morin project was a storm sewer construction project that was needed to outlet a low point located in the middle of their block (see attached drawing). CECILA O'DONNELL• In her letter, Ms O'Donnell also informs the City that she has previously paid the City assessments, $878.09 of which was for storm sewer. Ms.b'•Donnell is another case where she is receiving a second storm sewer assessment because of the additional storm sewer construction, RECOMMENDATION• Staff recommends that Council accept the attached letters and not change the assessment roll. ACTION REQUIRED: If Council desires to implement the staff recommendation they should accept the attached letters and take no action. HIAWATHA o• 0 I♦ September 4,1990 Mendota Heights City Council Dear Sir, This is a formal objection in regard to improvement #88,Project #6,Job #8220 which was passed by the council on August 21, 1990. As the owner of lot #11 & 300 ft of lot 10, Block 2, Guadalupe Heights, I have been assessed, and paid for, Storm Sewers on this property. October 4,1977 I paid $1604.27 for streets & storm sewers on lot 11. On October 6,1977 I paid $838.60 for the same on 30 ft. of lot 10. This'was related to Improvement #75 Project #8 assessment hearing held Sept. 6,1977. Please6 find attached copies of receipts, statements, Street constrgcti.on exhibit "A", Storm Sewer exhibit "B". After receiving a letter on Feb. 13, 1989 notifying me of an assessment for Improvement #89 Project #1 Job # 8220. I called Mr. Guy Callinder and after a couple of days of checking he assured me by telephone on May 5, 1989 that my lots would not be included in the assessment. Other then the Feb. 13, 1989 letter I have received no further warning of your plans. Because the storm sewers for my property are in, and working, and have been paid for, I can see no justification for being included in another storm sewer assessment. Thank you, Ed ar F. Fischer 1712 Raleigh Dr. Burnsville, Mn. 55337 SEPTEMBER 4* 1990 CITY CLERK CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 SUBJECT: SEWERS$ WATER, STREETS NORTH IVY HILLS 2ND ADDITION JOB No. 8220 IMPROVEMENTS, No. 88, PROJECT No. 6 GENTLEMEN: THIS IS TO NOTIFY YOU THAT I AM VERY MUCH OPPOSED TO THE ASSESSMENT OF $620.90 AGAINST MY PROPERTY# PLAT 31300, LOT 080, BLOCK 020 FOR IMPROVEMENT Ne..88, PROJECT NO. 6. WHICH I RECEIVED WHILE ABSENT FROM THE CITY. I COULD NOT ATAND THE HE°ARIN® TO PROTEST BECAUSE 'I HAVE BEEN IN ST. I.OUisp Mo. CARING FOR FAMILY MEMBERS# AND RETURNED AUGUST 30TH. ACCORDING TO NY RECORDSO I HAVE PAID FOR SEWERSS WATERS STREETS AND STORM SEWERS, IN THE AMOUNTS OF $1,880 AND $2,507.84. I FEEL IT IS VERY UNFAIR TO MAKE 14E PAY FOR MORE ASSESSMENTS, I AN RETIRED AND LIVING ON A FIXED INCOME. AN EXPENSE SUCH AS THIS MIGHT FORCE ME AND OTHER LOYAL RESIDENTS OUT OF MENDOTA HEIGHTS WHO HAVE LONG MADE THIS COMMUNITY WHAT IT 18 TODAY. • PLEASE RECONSIDER THIS GROSSLY UNFAIR ACTION WHICH WOULD BE A HARDSHIP FOR ME. MIRIAN AVENUE MENDOTA HEIGHTS -457-0513 VERY TRULY YOURS0 6_2°7 -7 518, '"ImmeW 1041501110W , RUNUP MEMO September 14, 1990 TO: Mayor and City Council k FROM: Tom Lawell, City AdminisCaj - SUBJECT: Update on Eagle Ridge Fire Protection Issues INTRODUCTION At the City Council meeting held August 7, 1990, Council conducted an appeals hearing related to fire protection orders recently issued at the Eagle Ridge South Condominium building. After considerable discussion, the matter was tabled and it is the intent of this memo to update the Council on the progress of this issue. DISCUSSION As the Council may recall, the fire protection orders issued at Eagle Ridge address the installation of a standpipe system and also several corridor protection concerns within the building. At the meeting, Mr. Rollin Crawford, representing the residents of Eagle Ridge, agreed to the installation of the standpipe system if the Council would grant an exemption to the corridor protection orders. Due to City liability concerns regarding the granting of the exemption, final resolution of the issue was tabled in order to allow time in which to develop new information on the subject. More specifically, Mr. Crawford was requested to respond in writing to address the "good faith" basis for a Council granted exemption. To date, attempts to contact Mr. Crawford have proven unsuccessful. Attached please find a copy of a letter recently sent to Mr. Crawford outlining the required actions which need to be taken. It is our hope that this information will be delivered shortly for final Council consideration in October. ACTION REQUIRED This information is intended to provide an update to the City Council on this subject. No formal action is necessary at thi's time. City of me AAkA A lcj ndota Heights September 13, 1990 Mr. Rollin H. Crawford Levander, Gillen, Miller, Anderson and Kuntz 402 Drovers Bank Building' * 633 South Concord Street South St. Paul, MN 55075 RE: Eagle Ridge South Condominiums Dear Mr. Crawford: During the past several weeks, I have made several attempts to contact you via telephone to further discuss the wishes of the City Council in regard to fire protection issues affecting the Eagle Ridge South condominium building. Those efforts have proven unsuccessful, and itis the intent of this letter to request specific follow-up action from you as directed by the City Council at their August.7, 1990 meeting. Consistent with your'intentions expressed at the Council meeting, the City awaits receipt of a letter from you addressing the.following: 1. A description of the compromise corrective actions your client agrees to undertake, along with a time table for their completion. 2. Your -legal opinion expressing why the City Council should grant an exemption from the fire protection corrective. orders issued at Eagle Ridge, with a specific emphasis placed on the '!good faith" and liability concerns expressed by the Council. Enclosed for your information, please find a copy of the adopted minutes from the.August 7, 1990 meeting.:.As indicated'in the minutes, this matter was tabled until August 21, 1990 subject to the receipt of the above information from your office. Given the incurred delay and our desire 'to finalize this issue as quickly as possible,. please prepare a written response to the'Councills request and forward it to me by September 20, 1990. It would then be my intent to include this matter on the City Council Consent Agenda at the next available opportunity. Should you have questions regarding the above, please feel free to call. Sincerely, CITY OF MENDOTA HEIGHTS 'Tom Lawell CityAdministrator MTL: kkb Enclosure cc: John Maczko Paul Kaiser CITY OF MENDOTA HEIGHTS MEMO September 13, 1990 TO: Mayor, City Council & City Administrator FROM: Richard Gill - Code Enforcement Officer SUBJECT: Fence Permit at 2444 Enterprise Drive INTRODUCTION: David Constable of R. L. Johnson Investment Company has requested a permit to build a 6' chainlink fence at R. L. Johnson's small warehouse building located at 2444 Enterprise Drive in the industrial zone (see attached letter and site plan). DISCUSSION: My review of the site plan shows compliance with the City's fencing ordinance for height, placement, etc. RECOMMENDATION: Staff recommends granting of this permit due to compliance with all City requirements. ACTION REQUIRED: If Council wishes to implement staff's recommendation, it should pass a motion to approve the construction of the fence. R. L. JOHNSON INVESTMENT CO., INC. 701 DECATUR AVE. NORTH SUITE 107 MINNEAPOLIS, MN 55427 (612) 541-1970 September 11, 1990 Mr. Dick Gill The City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota Re: Fence at 2444 Enterprise .Drive Dear Mr. Gill: Per.our discussion, I hereby submit our request for approval of a 6 ft. high chain link fence in accordance with the requirements of a tenant for a bonded warehouse... They do not intend to store outside but merely use the area as secured parking and loading. Enclosed are two copies of a site plan. Sincerely, David N.'Constable Director of Planning and Construction DNC/rr Enclosure National Association of Industrial and Office Parks LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL SEPTEMBER, 18, 1990 General Contractors License D J Construction J R Construction Inc. Paul J. 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O %O L14 �A w b co o a b 01 wV i,i 4aki O1 V w Co !-. b N 4, 4a Ut Q� 01 �A �A vi ao Oo b Oo N V O b -tn W N VI O O.^ , Vt'14h� N W w` Ul �Aa Oc F� Ja U1 Ln O V Ln %0 lzNO 1r0 (z Ln b ob .Nb QQI Lo C NO 00 O V1 O £ .. >F <.b' I I n h b b' bto n hl M to npi �Iby y n , ti �o n o rt tiw Hrp a c mti m n n rr #,$v,� 91 rt rt. b m m ] M r xIJI � Y 03 Tj ri b b (o co bt 0 ID V b Q.. , `C mro O h� b a Co Oo db, h ro •rf ^ tr h . fD a 5 b 1.3 " N r, Q. y b 0cl tiO. rrti a a o a M r�r (D N IQ y N (D rtbtn ft r�TH h "y' tU f' N yH m b ti W rt.� �0 rt y ., �y a fn o W h� � �i o ,•. 6 to rt M to 6 INb+' •fD h '�v m fD D1. rl to N.- ct N ef bj w •s: b • u A �'.V a t, � ZI FD ;r•• 4+• a' .f V� V N � O m N J N ONi N fNJ N N+ O b m J ONI tN11 N Y N+ O m 00 V N OAI A fJ N+ O m p V N N A fJ N+ O tN0 0 J ONI N A fNil N+ O ID Ol V N N A fJ N+ O N N V N N A fJ N+ 0 0 0 a 0 0 0 0 0' o 0 0 0 0 ;� CITY 4F ME ROTA HEIGHTS MEMO September 18, 1990 TO: Mayor, City Council and City AdminiC FROM: James E. Danielson Public Works Di ec SUBJECT 1990 Street Striping DISCUSSION: Staff has solicited the following bids to stripe the'City's MSA streets this fall: • BIDDER AMOUNT BID AAA Striping Service $5,350.41 P.O. Box 223 Maple Grove, MN 55369 Deneson Striping $6,000.00 P.O. Box 427 Watertown, MN 55388 It is a requirement of MSA that the MSA streets be striped. (see attached bid document for a listing of the streets to be striped). RECOMMENDATION: AAA Striping has done satisfactory work for the City before and staff recommends that they be awarded the City's 1990 street striping contract. Their bid falls within the City's budgeted amount. ACTION REOUIRED: If Council desires to implement the staff recommendation. they should pass a motion authorizing staff to issue a purchase order to AAA Striping for their low bid. JED:dfw CITY OF MENDOTA HEIGHTS MEMO September 17, 1990 TO: Mayor, City Council and City Admini t FROM: Guy Kullander Parks Project Manager SUBJECT: Ballfield Improvements At the August 21st City Council meeting staff was authorized to seek bids for improvements to five existing ballfields located in Friendly Hills, Ivy Hills, Marie, Wentworth and Valley Parks. In addition, players benches for Hagstrom King and Victoria Highlands ballfields were also included. The benches and con- crete pads were inadvertently omitted from the Park Improvement contract. The low bidders for this work are as follows: 1. Fenc-Co, Inc. Backstops and Players $8,250.00 protective fencing 2. Miracle Recreation 14-15' Aluminum $3,472.00 Equipment Co. Players Benches 3. Johnny Masonry Concrete pads for $5,307.00 players benches With overhead, engineering and inspection time I estimate the final costs to be $21,300 which is $6,700 below estimate. RECOMMENDATION• I recommend that Council accept the low bids and authorize the preparation of purchase orders to the above companies in the amount of their bids. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion authorizing staff to prepare purchase orders to Fenc-Co, Inc. in the amount of $8,250 for backstops and players protective fencing; Miracle Recreation Equipment Company in the amount of $3,472 for 14 - 15' aluminum player benches; and Johnny Masonry in the amount of $5,307 for concrete pads for player benches. GK: dfw CITY OF MENDOTA HEIGHTS MEMO September 13, 1990 To: Mayor, City Council and City Admini90EX 4 ' From: Kevin Batchelder, Administrative Assistan� Subject: Proclamation of Mend -Eagan Baseball Team DISCUSSION The Mend -Eagan Under 12 Traveling Baseball Team had a very successful season this year, eventually placing fourth in the National AAU Championship Tournament held in Des Moines, Iowa in August. Parks Commissioner Dick Spicer, one of the coaches, suggested a day be named in honor of the team at the City Council meeting where the team could present the trophies to the community. The Mend -Eagan Under 12 Traveling Baseball Team finished the season with a record of 49 wins, 4 losses, and 4 ties. The team placed second at the Minnesota State AAU Tournament to qualify for the National Tournament. At the National Tournament the team advanced to the semi-finals where they placed fourth. Congratulations are in order for the team members and the coaches. They are: Tom Kurvers Dan Polski Todd Spicer Ben Kosel Tom Spaniol Louie Hawkins Mike Honsa Peter Neuharth B.J. Weiler Michael Hocks Jeffrey Kuntz Mick McNamara Coaches: Dick Spicer, Jim Kurvers and Greg Hawkins ACTION REQUIRED If the Council so desires, they should pass a motion adopting the Proclamation, A'PROCLAMATION DESIGNATING SEPTEMBER 18, 1990 AS - MEND-EAGAN BASEBALL DAY. Council, if it so desires, should also allow the team to present their trophies and the Mayor'to present each team member with a Certificate of Congratulations. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA A PROCLAMATION DESIGNATING SEPTEMBER 18, 1990 AS MEND-EAGAN BASEBALL DAY WHEREAS, the Mend -Eagan Under -12 Traveling Baseball Team finished the regular season with a record of 49 wins, 4 losses and 4 ties; and WHEREAS, the Mend -Eagan Under -12 Traveling Baseball Team finished in second place in the Minnesota State AAU baseball tournament and in fourth place in the National AAU baseball tournament held in Des Moines, Iowa; and WHEREAS, the 1990 Mend -Eagan Under -12 Traveling Baseball Team consisted of the following members: Tom Kurvers Dan Polski Todd Spicer Ben Kosel Tom Spaniol Louie Hawkins Mike Honsa Peter Neuharth B.J. Weiler Michael Hocks Jeffrey Kuntz Mick McNamara coaches: Jim Kurvers, Dick Spicer and Greg Hawkins WHEREAS, the young men and coaches of this team not only had an extraordinarily successful season on the field but also conducted themselves in a manner exemplifying all the best qualities of sportsmanship, personal conduct and team spirit as ambassadors and representatives of our fine community. NOW THEREFORE BE IT HEREBY PROCLAIMED, that in honor and in recognition of the acheivements of the 1990 Mend -Eagan Under -12 Traveling Baseball Team, that the City Council of the City of Mendota Heights designates September 18, 1990 as Mend -Eagan Baseball Day. BE IT FURTHER RESOLVED that the young men and coaches of this team be congratulated for their success on the field and their high standards of sportmanship and conduct as a baseball- team representing our community. Adopted by the City Council of the City of Mendota Heights this eighteenth day of September, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City -Clerk RICHARD G. SPICER PETER H. WATSON HOWARD S. CARP MICHAEL L. MARTINEZ September 5, 1990 SPICER, WATSON & CARP ATTORNEYS AT LAW 828 NORWEST MIDLAND BUILDING 401 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401 TELEPHONE: (612) 341-4334 MN TOLL-FREE 1-800-326-755B City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attention: Kevin Batchelder Dear Kevin: This will confirm that you are kind enough to put on the City Council agenda for September 18th at 7:30 p.m. a meeting of my twelve-year old baseball team with the City Council. Enclosed is a list of the players and coaches who will appear before the Mayor and Council on that date. I understand, if possible, you will try to have the Mayor give each participant a certificate of recognition, and maybe declare a day in their honor in Mendota Heights. Thank you for taking the time for doing all this, and I am sure the kids will all appreciate it. CITY OF MENDOTA HEIGHTS MEMO September 13, 1990 To: Mayor, City Council, Parks and Recreation Commis' on�(dnd 1989 Citizens Park Review Committee From: Kevin Batchelder, Administrative Assistam�9> ,,✓�A K Guy Kullander, Parks Project Manager Subject: Status Report on Parks Improvements Referendum INTRODUCTION This report on the status of the 1989 Parks Referendum was ordered by City Council to provide information on the accomplishments that have occurred now that the 1990 construction season is substantially complete and to highlight the direction that the park improvements will take in 1991. DISCUSSION The following outline provides a quick breakdown of the components of the Park Referendum approved in August 1989 and the funding authority that was earmarked for the various categories. Existing Parks - $ 300,000* New Neighborhood Parks - 250,000 Trails - 700,000 Kensington Park - 450,000 Sibley Land Purchase - 125,000 Sibley Development - 325,000 Mendakota Park Ballfield - 50,000 Third Ballfield Land Purchase - 500,000 Sub -total $ 2,700,000 Allocation for Future Development and Land Purchase $ 700,000 Total $ 3,400,000 * Includes $50,000 for regrading and reseeding of existing ballfields. CONTRACTS AWARDED IN 1990 The City Council awarded .contracts in 1990 for Playground Equipment, Neighborhood Parks Improvements, Bicycle/Pedestrian Trails, New Neighborhood Parks and Sibley Park. In addition to contracts awarded to consultants and contractors, the City's Engineering staff has completed design work and the City's Public Works crews have participated in construction work to reduce costs. All contracts approved in 1990 by Council for park improvements and other work are ongoing and final costs will not be available for several months. Expenditures used in the table below includes estimated costs for overhead, consultant fees, engineering, inspection charges and materials supplied to city crews engaged in park improvements. Percent of Recommended Referendum Improvements Current ** Completed in ISSUE 1 Budget* Expenditures Balance 1990 Existing Parks $ 340,000 New Neighborhood 25,000 parks: 100% Victoria 116,000 Highlands 84,000 Hagstrom-King 18,000 Mendakota 116,000 Trails 598,000 Kensington 546,000 Sibley 498,000 Third Site (Land) 500,000 $ 2,700,000 $295,000 $ 45,000 90% 90,000 -( 6,000) 100% 25,000 -( 7,000) 100% 0 116,000 0 280,000 318,000 55% 19,000 527,000 0 569,060 -(71,000) 96% 0 500,000 0 $1,278,000 $ 1,422,000 ISSUE 2 Allocation for Future Development 700,000 $ 3,400,000 * Budgeted amount may not reflect the earlier listed allocated amount in the table on page 1 as portions of trails within parks, play equipment and other amenities have been apportioned to the budget for the parks in which they occur. ** Projects under contract or work in progress. Includes estimate for overhead, engineering, survey and consultants or architect fees. 1990 IMPROVEMENTS 1. Neighborhood Parks The 1990 contracts include the majority of the work to be completed in the existing neighborhood parks. Two of the three new neighborhood parks were constructed under 1990 contracts, these parks being Victoria Highlands Park and Hagstrom-King Park. Contracts were let in the Spring of 1990 for installation of play equipment, neighborhood park improvements and construction of the new neighborhood parks. The neighborhood park and play equipment contracts are substantially complete, however, the neighborhood parks improvements have not been finished by the contracted September 1 deadline and penalties are in effect. At the September 4, 1990 City Council meeting bids were ordered for proposed improvements to existing ballfields within the neighborhood parks. City crews will do much of the grading, leveling and preparing these fields for additional improvements, mostly backstop fencing, benches, foul poles and reseeding. The following is a list of completed work or work in progress for neighborhood parks in 1990 and, with the exception of Friendly Marsh Park, fulfills the improvements proposed in the referendum. a. Victoria Highlands Youth Ballfield Parking Lot 1350 linear ft. Hardcourt Landscaping (93 Landscape Sign Play structure Amenities of bituminous trail trees) Seeding and Grading b. Hagstrom-King Landscape and Sign Youth Ballfield Amenities Landscaping (47 trees) Grading for future volleyball and tennis C. Rogers Lake 500 linear ft. of bituminous trail New Play structure Improvements to old play structure Horseshoe pit Hardcourt Volleyball Court Landscaping (22 trees) Landscape and Sign D* f. 9- h. Friendly Hills 1800 linear ft. of bituminous trail New play structure Hardcourt Storm Sewer (field improvement) Volleyball Landscaping (27 trees) Landscape and Sign Enlarge ballfield Backstop and players fence Players benches Wentworth 2200 linear ft. of bituminous trail Hardcourt Play structure Volleyball Paved parking lot Landscape and Sign Improve ball field Backstop and players fence Players benches Marie 30 linear ft. of bituminous trail Hardcourt Volleyball Paved parking lot Landscape and Sign Improve ball field Play structure Backstop and players fence Players benches Valley Paved parking lot 150 linear ft. of bituminous trail Landscape and Sign Play structure Hardcourt Basketball court Improve ball field Backstop and players fence Players benches Main trail is 9600 linear ft. bituminous (Hwy. 13 to Dodd Rd.) Ivy Hills 1100 linear ft. of bituminous trail Enlarge and Pave parking lot Hardcourt Volleyball Landscape and Sign Play structure Improve ball field Backstop and players fence Players benches 2. Sibley Park Sibley Park improvements are underway, but some problems have surfaced in the soils under the soccer fields which could -delay completion of the field until winter. Sibley Park is about 50% complete and running behind schedule. The bids for the comfort station in Sibley Park came in over estimate, so City Council has authorized staff to be the general contractor for the comfort station and bids have been received and work is proceeding. Sibley park will feature the following amenities: 1 full sized regulation baseball field 2 full sized regulation softball fields 1 full sized regulation soccer field 1 comfort station with concessions 1400 linear ft. of bituminous trails Landscaping and sign Installation of the play structure is planned for 1991. 3. Trails The Bicycle/ Pedestrian trail system is designed to connect all areas of the City. The current 1990 project is the first of two phases, and includes approximately 8 miles of trails along roadways and through our parks. Over 90% of the trails have been paved, and the restoration has begun. The contractor is confident the project will be done shortly, but the completion date was September 1st, and penalties are now in affect. Bituminous trailways along Roadways (not in parks) Delaware Avenue = 5000 linear ft. Lexington Avenue = 1150 linear ft. Somerset School = 300 linear ft. Wachtler/Wentworth = 4300 linear ft. Victoria Road = 4700 linear ft. Marie Avenue = 4800 linear ft. McDonald's/Dodd = 400 linear ft. 23,650 linear ft. = 4.5 miles Total new trails in parks = 18,250 linear ft. = 3.5 miles Total Trails in 1990 = 8.0 miles The City is anticipating the return of cost sharing funds from both the County and State highway departments for two segments of trails constructed along Delaware and Marie Avenue. This amount could exceed $30,000 and would be added back into the Trail budget. 1991 IMPROVEMENTS The Parks and Recreation Commission, at their August 1990 meeting, has begun to consider the improvements desired during the 1991 construction season, as well as setting in motion the discussion for a third ballfield site and the exploration of future park needs allocated in the Second Issue question. A neighborhood park has been allocated and funded for Mendakota Park and this will be considered for 1991 construction, this item being somewhat dependent on the selection of a third ballfield site. Final improvements to the neighborhood parks will occur in response to resident's comments, suggestions and critiques. Planned 1991 Trail constuction is proposed to be approximately 2.1 miles and includes Delaware Avenue from Marie to Hwy. 110., a possible Mayfield Heights connection to Douglas Road, and two portions of Mendota Heights Road, one from Dodd Rd. to I35E and the other from Hwy. 55 to Hwy. 13. A Signage systems for the trails and parks is being considered for construction in 1991. One question still to be resolved is the status of Kensington Park as the result of the failure of the developers of Kensington Phase II to obtain the rezoning necessary for the dedication of a 27 acre City park to occur. A significant portion of the referendum allocation ($546,000) was slotted for the development of this park. The loss of this park makes the acquisition of a third ballfield site even more imperative. CONCLUSION The majority of the work for the existing neighborhood parks, new neighborhood parks, Sibley Park and the bicycle/pedestrian trails will be completed by the end of the 1990 construction season. Approximately $1.3 million of the first issue's $2.7 million has been expended to complete these items. This leaves minor work to be completed at the neighborhood parks and the new parks. The major work items remaining are additional trails, Mendakota neighborhood park, Kensington Park, a third ballfield site and determination of future development and land purchase as allocated in the second issue of $700,000. MEMO CITY OF MENDOTA HEIGHTS September 14, 1990 To: Mayor, City Council and Acting City Administrator From: Kevin Batchelder, Administrative AssistantLJ� Subject: 1991 Funding Application for Community Landfill Abatement Program INTRODUCTION On October 1, 1990 the Funding Application for Mendota Heights' 1991 Recycling Program is due at Dakota County. Dakota County Landfill Abatement funding is available to communities on a performance basis and in accordance with Dakota County's Maximum Reimbursement Schedule. I have enclosed our proposed funding application which needs City Council endorsement to proceed to the County Board for approval. DISCUSSION We are requesting the maximum funding amount available to the City of Mendota Heights in 1991. The amount we are allotted is $43,577. In addition to this amount, we will have available $25,249 that is carryover Capital Costs from 1989 and $5,850 that will be carryover Capital Costs from 1990. (See attached Funding Application, pg 1-7) It is not likely that we will need the full amount of funding to address our work plans for 1991 and it is entirely possible that we will again carry over capital costs into 1992. The work plans we have outlined state that we will be working to expand participation in our curbside program, conducting at least two mailings to our residents, holding at least six educational seminars in local schools, and coordinating with Dakota County on commercial/ industrial recycling for Mendota Heights businesses. The County has indicated they will take the lead role in commercial/ industrial recycling. (See page 1-5 and 1-6 of funding application.) Our 1991 Recycling Program will focus again on building participation through possible incentive programs, promotional literature and educational activities. Increased participation may mean another purchase of recycling bins. Our recycling program is on target to meet all 1990 goals, as it did in 1989. The program includes curbside recycling, multi -family housing recycling, the Goodwill Drop Off Center and the City Hall in-house recycling program. The funding application I am proposing will cover the maintenance and expansion of our current programs and will address the possible purchase of bins and the literature campaign to build participation. At this point, it appears that we will be offering the licensed rubbish haulers the same subsidies that we offered in 1989 and 1990. Those are a $1/ participating household/ month for curbside recycling and a $.75/ unit/ month for multiple unit dwellings. Goodwill Industries receives $20 per ton for Mendota Heights' share of recyclable material collected at their dropoff in the Cub Foods lot on S. Robert. Subsidy money would come out of the Contracted Services line item in the Residential Operations portion of the funding. (See page 1-7 of the funding application) ACTION REQUIRED Review the proposed 1991 Community Landfill Abatement Funding Application and, if Council so desires, pass a motion approving Resolution No. 90- , A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM. CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 90- A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY"FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM WHEREAS, the Minnesota State legislature has mandated that communities in the metropolitan area must implement recycling programs in order to reduce the volume of waste being taken for burial in landfills; and WHEREAS, Dakota County has adopted a solid waste master plan which sets goals and targets for accomplishment of solid waste recycling goals in each community in the County; and WHEREAS, Dakota County is also making available to local communities grant funding for implementation of said recycling programs; and WHEREAS, the City of Mendota Heights has participated faithfully in the Community Landfill Abatement Program in 1989 and 1990 and will continue to participate in 1991. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that the City Council does hereby transmit the attached 1991 funding application, seeking funds in the amount of $43,577. Adopted by the City Council of the City of Mendota Heights this 18th day of September, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk ATTACHMENT 1 1991 FUNDING APPLICATION City/Township: Heights Date Submitted: 9-19_90 Address: 1101 Victoria Curve Program Period: 1/1/91 to Mendota Heights, MN 55118 12/31/91 I. If this is a multi -community project, please list all participating communities and the lead community or agency for the project, and attach a copy of the Joint Powers Agreement. May continue Goodwill Dropoff center in connection with West St. Paul, South St. Paul and Inver Grove Heights. Current Joint Powers agreement attached. II. Please provide .a brief overview of 1991 abatement activities; indicate whether these are a continuation of existing programs or new programs: (If more space is needed use extra sheets.) Increase participation in curbside recycling program and mult-family program through promotional campaign and educational assistance. Coordinate commercial/industrial recycling with Dakota County and provide technical and educational liaison assistance to Mendota Heights businesses. Assist funding a full time staff person, 25 percent of whose time will be devoted to recycling. Continue in-house City Hall, Fire Hall, Public Works Garage recycling of office paper, newspaper and aluminum cans.. Pssible continuation of Goodwill Drop off in connection with other area cities. Backyard composting seminar in honor of Arbor Day in April. Purchase of replacement recycling bins. Possible cooperation with Household Hazardous Waste collection Day. III. Complete the following section for all applicable activities, whether a continuation of existing activities or new activities for 1991: A. Curbside Collection of recyclables: Yes X No (If more than one collector, use .a separate sheet; please provide the same information for each collector.) 1. Number of households to be served: 2,$00 (available to all). 2. 3. 4. Frequency of collection: (circle one) weekly twice monthly monthly Containers used: Yes X No. Number of containers per household: other 1 5. Materials collected (circle all that apply): newspaper mixed paper food cans everage cans glass plastics used oil other (specify) 6. Name of collector: A-1 Mendota Heights licensed rubbish haulers. Address: see attached list 7. Cost of collection: Billed by hauler, City will subsidize on a per household basis. See attached resolution. 8. Dates of collection contract: 1-1-91 to 12-31-91 9. Anticipated participation level: 75 percent. 10. Anticipated abatement in 1991: 12 tons per week. B. Drop off Centers for Recyclable Materials: Yes X No 1. For each drop-off center please provide: a. Operator: Goodwill Industries Address: Mendota Road & South Robert Street, West St_ Paul. Costs: $20.00 per ton. Days/Hours of Operation: 9 a.m. to 5 p.m. 7 days/week. Materials Collected: Glass and aluminum beverage cans, corrugated cardboard, clothing, newspaper, household materials, and plastic containers. 1-2 b. Operator: Address: Costs: Days/Hours of Operation: Materials Collected: c. Operator: Address: Costs: Days/Hours of Operation: Materials Collected: d. Operator: Address: Costs: Days/Hours of Operation: Materials Collected: per per per 3. Anticipated abatement from all drop-off centers above in - 1991: 55 tons per year, 1-3 C. Multi Family; complete this section only if a separate program 1. Describe the manner of collection: Haulers provide containers. City provides promotional material. City subsidizes hauler per Recycling Resolution that is attached. 2. Total number of units served: 333= 100 percent. 3. Materials collected (Circle all that apply) newsprint mixed paper ood Cans beverage can glass plastics oil other 4. Costs: .75 per unit per month. 5. Anticipated abatement in 1990: 20 tons per month. D. Yard Waste Program 1. Please provide a brief description of the community's. role in yard waste collection. Publicize backyard composting. Promote County transfer stations in Eagan and South St. Paul. 2. Curbside: Yes No Taken To: County Compost in Lakeville. Fee to User. ariable. 3. Drop off: G";D No Location: Eagan Transfer Station. (Complete the following only if this is a community owned/operated site) Hours: Fees: 1-4 E. Describe any commercial/industrial recycling activities you will undertake in 1991. (This is not a required program; the County will take the lead in commercial/industrial recycling.) Provide technical/educational assistance in cooperation with Dakota County. Provide desktop containers for Mendota Heights businesses -to recycle office paper. F. Describe program specific public education/promotional activities that will be undertaken in 1991. - residential: a minimum of two written communications must be sent to each household in 1991 one page of every City newsletter, published quarterly, will be devoted to recycling. Two City brochures will be published and mailed. Backyard compost seminar in April, 1991. - institutional (schools) A minimum of 6 presentations must be made in schools in 1991.) Provide a minimum of six educational seminars in local schools. Possilbe coordination with After Sschool Program for recycling. demonstration. - commercial/industrial (if applicable) Coordination with Dakota County. G. Describe your in-house recycling program Currently, City Hall has a desk top office paper recycling program with 100 percent participation by City Hall staff. Aluminum can recycling is available in the lunch room at City Hall, the Fire Hall and Public Works garage. Newspaper recycling available at all three municipal buildings. Hauler picks up aluminum and office paper while newspaper transported to Goodwill Dropoff Center. 1-5 H. Describe completely any other abatement -programs for which you are requesting funding (eg. operation of compost site, special waste handling, household hazardous waste collection). Include projected abatement. V. Work Plan Dakota County will distribute any approved funding in four equal payments, provided - communities meet specified development objectives. Please provide a work plan for- 1991 and highlight the objectives to be met by the following dates: o March 15 contact schools about educational seminars mail first city wide brochure. I o June 15 conducted 3 educational seminars. o September 15 mailed 2nd city wide brochure schedule fall (3) educational seminars. 1-6 VI. Budget ,Ian. 1 ,19 91 to December 31, 1991. Program Amount Administrative Costs: $8,800 Salaries Capital Costs (specify):* recycling bins $5,500 Residential Operations & Maintenance: Contracted Services $40,600 Labor Equipment Rental Space Rental Utilities Postage $2,000 Printing $3,500 Other Other Programs: Total: Anticipated Revenue: a -t -abates $60,400 Community Share $ 6,023 Other Funding (specify) $ 41950 capital carryover 1990 Capital Carryover $ 5,850 Requested Funding ** $43,577 From County: * Unexpended 1990 funds may be carried over to 1991 ** Request may not exceed that amount shown on the Maximum Reimbursement Schedule. 1-7 MEMORANDUM OF AGREEMENT CONTINUANCE FOR RECYCLING SERVICES .As Modificated Herein It is hereby agreed that Goodwill/Easter Seal (hereinafter Goodwill) will provide recycling services to the City of West St. Paul (hereinafter Cities), South St. Paul, City of Inver Grove Heights, and City of Mendota Heights, Minnesota. The scope of -services includes the acceptance of glass, newsprint, corrugate card board, beverage cans, plastic (see attached), office paper and household materials. To provide said services, Goodwill will maintain an Attended Donation Center in West St. Paul. The facility will be open 2904 hours through the year 1990. The term of this continuance of original agreement is for the year 1990. Goodwill agrees to maintain its liability insurance to cover the Attended Donation Center. The Cities agree to pay for -reused and recycling services, $5.00 per ton per city as described above to Goodwill and to provide advice and counsel to Goodwill on the services provided by Goodwill. This Continuance will extend•the•current agreement with. adopted 1990 budget held by Goodwill and the Cities for -and through the year 1990: Signed, LG/cs 0048G City of West St. Paul City of Mendota Heights City of South St. Paul , City of Inver Grove Heights Jack Ring, Vice President Operations Goodwill/Easter Seal 1990 Licensed Rubbish Haulers A.A. Rubbish Service & Recycling, Inc. Tag #'s 348, 349, 350 1300 Winslow W. St. Paul, MN 55118 457-4344 Cert. 1-1-91 Action Disposal -BFI Commercial Tag #'s 340, 341, 342 4325 E. 66th St. Inver Grove Heights, MN 55076 455-8634 Cert. 10-1-90 BFI Woodlake Sanitary Service, Inc. Tag #'s 332, 333, 334 8661 Rendova St. Box 39 357 Circle Pines, MN 55014 784-2104 Cert. 10-1-90 Ken Oehrlein Tag #'s 336, 337, 338, 339 6963 Ideal Ave. So. Cottage Grove, MN 55016 459-0120 Cert. 9-9-90 Knutson Rubbish 15120 Chippendale Ave. Rosemount, MN 55068-1599 423-2294 Cert. 1-1-91 Tag #'s 358, 359 Krupenny & Sons Disposal Service Tag #'s 343, 344 1330 Galvin W. St. Paul, MN 55118 451-9998 Cert. 1-1-91 Mendota Heights Rubbish Tag #'s 351, 352, 353, 354, 355, 20700 Donnelly Ave. 356 Farmington, MN 55024 437-6786 Cert. 1-1-91 Metro Refuse, Inc. Commercial 8168 125th St. Savage, MN 55378 890-0861 Cert. is continuous Triangle Services 1881 S. Lexington Ave. Mendota Heights, MN 55118 454-1848 Cert. 1-1-91 Tag #'s 335 Tag #'s 345, 346, 347 CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 89- 42 RESOLUTION RE-ESTABLISHING RECYCLING POLICIES FOR 1989 WHEREAS, Dakota County and the City of Mendota Heights have entered a Joint Powers Agreement to accomplish landfill abatement programs through recycling; and . WHEREAS, the Dakota County Board of Commissioners has allocated funds to provide a portion of the costs incurred by the City of Mendota Heights to implement and operate a local curbside recycling program; and WHEREAS, on February 21, 1989 the City Council approved the Rubbish Hauling Ordinance and the new recycling provisions requiring all licensed haulers to provide recycling services; and WHEREAS, the City of Mendota Heights desires to implement a curbside recycling program beginning March 27, 1989. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE City Council of the City of Mendota Heights, that the following be adopted as the City's policy on the Curbside Recycling Program: 1. Purpose The purpose of this resolution is to provide for cooperation between the City of Mendota Heights and the licensed rubbish haulers by establishing policies to implement a Curbside Recycling Program. 2. Term This Resolution shall terminate on December 31, 1989, unless the City of Mendota Heights, by December 1, 1989 notifies the hauler in writing that the Resolution will be continued, in which case, the Resolution shall then be continued until December 31, 1990. 3. Richt of Amendment The City of Mendota Heights may amend this resolution, with or 'without cause, by giving written notice to the licensed hauler, at least 30 days before the effective date of termination. 4. City Obligations The City of Mendota Heights shall fulfill the following: a) Containers - The City of Mendota Heights shall supply each hauler a container for every residential unit customer who signs up to participate in the Curbside Recycling Program. The containers remain the property of the City of Mendota Heights. Containers which are lost, stolen, damaged or otherwise in need of replacement will be purchased by the residential unit customer for an -amount equal to the cost to the City. Haulers will provide the appropriate containers for multiple residential dwellings. b) Participation - The City will provide each hauler a list of residential unit customers who have requested containers for recycling. The list will provide name, address and scheduled day of service. The City will provide programs to build participation in the recycling program. 5. Hauler Obligations The licensed haulers in the City of Mendota Heights shall fulfill the following: a) Containers - The licensed haulers shall distribute the containers to participating customers by leaving the container at the address on the normal scheduled day of garbage collection. b) Reports - The hauler shall report to the City as described in Ordinance #264 (codified as Ordinance #1004), Section 7.12. The City will provide the form necessary for these reports. 6. Payment For Collection On a quarterly basis and based upon the submitted reports by the haulers, the City shall pay the hauler a reimbursement. This payment shall be made within 30 days after the City obtains the scale receipts and the quarterly reports. For residential units the rate of reimbursements shall be $1.00 per participating household per month. For multiple residential dwellings the rate of reimbursement shall be $.75 per unit per month. Adopted by the City Council of the City of Mendota Heights this _ Seventh day of March, 1989. CITY COUNCIL CITY OF MENDOTA HEIGHTS LC Charles E. Mertensotto Mayor ATTEST: Y,Athleen M. Swanson City Cleric CITY OF MENDOTA HEIGHTS MEMO September 17, 1990 TO: Mayor, City Council and City Admini� FROM: James E. Danielson Public Works Manager SUBJECT: Morin Assessment Roll Job No. 8903 DISCUSSION• Attached are two Notices of Appeal that have been submitted by Mr. Bob Morin and Mr. Vern Colon. Both these individuals are the petitioners for the projects. These notices will be turned over to the City Attorney this evening for his opinions on any actions to be taken by the City in response to the appeals. ACTION REQUIRED: Appeal notices are submitted for Council information/com- ments. JED:dfw STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ---------------------------------------------------------------- Federal Land Company, a Minnesota partnership, Appellant, VS. NOTICE OF APPEAL UNDER MINN. STAT. 9429.081 City of Mendota Heights, a Municipal corporation, Respondent. TO: The City of Mendota Heights, a Municipal Corporation, Respondent above-named and to the Dakota County District Court: PLEASE TAKE NOTICE that appellant Federal Land Company, hereby appeals to the District Court of Dakota County, Minnesota, from the special assessments adopted by respondent City of Mendota Heights on the 21st day of August, 1990. Appellant is the owner of the parcels of real property identified by the parcel numbers and legally described as follows: Parcel Nos. 27-52201-010-01, 27-52201-020-01, 27-52201- 030-01, 27-52201-040-01, 27-52201-050-01, 27-52201- 060-01, 27-52201-070-01, 27-52201-080-01, 27-52201- 090-01, and 27-52201-100-01 Lots 1 through 10, Block 1, North Ivy Hills Second Addition. This appeal is taken from the special assessments levied against the parcels named above for the local improvements to the City of Mendota Heights described as follows: 1 North Ivy Hills Second Addition Assessment Role Job #: 8220, Improvement #: 88, Project #: 6 (Sanitary Sewer and Service, Water Main and Service, Storm Sewer and Streets) Assessment Amount: $10,932.90 per lot. The grounds and reasons for the appeal include, but are not limited to: 1. The assessments constitute a violation of and are contrary to (a) the due process and equal protection clauses of the United States Constitution, Amendment 14, (b) Section 7 of Article I and Section 1 of Article IX of the Constitution of the State of Minnesota, and (c) Minnesota Statutes Chapter 429, in that the assessments are unlawful and unconstitutional. 2. Said assessments are unfair, unjust, arbitrary, capricious and contrary to law. 3. The procedures used in determining and adopting said assessments were contrary to law. 4. Some of the items of alleged costs included in the costs of the project were not proper cost items to be specially assessed. 5. The notices required by Minnesota Statutes Chapter 429 for improvement hearings and assessment hearings were not given in accordance with applicable law, and the assessments are therefore unlawful and invalid. 6. The criteria used to determine said assessments were not proper for the imposition of the special assessments, and as a result thereof, said assessments deprive the appellant of its 2 property without due process of law, contrary to the 14th Amendment of the United States Constitution and Article I, Section 7, of the Constitution of the State of Minnesota. 7. Appellant's property has not been benefited in any way by the alleged improvements, and as a result thereof the aforesaid assessments are an unconstitutional deprivation and taking of private property without due process of law. 8. Appellant's property has received no special benefit from the alleged improvements, and the fair market value of appellant's property has not increased as a result of the alleged improvements. Dated: September 18, 1990. HERTOGS, FLUEGEL, SIEBEN, POLK JONES,& LaVERDIERE, P.A. George L.VoIr y, #6905X Attorneys Appellant / 999 Westview Drive f Hastings, MN 55033 (612) 437-3148 3 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ----------------------------------CASE TYPE 10: OTHER CIVIL In Lite MaLLer of Lite PeLiLiun of ROBERT A. MORIN and ROSEMARY MORIN for review of final ussessmenL for ImprovemenL No. 88, ProjecL No. 6 adupLed by Lite CiLy of MenduLa HeighLs PETITION FOR REVIEW OF SPECIAL ASSESSMENT TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF DAKOTA COUNTY: Pe LiLioners respecLfully requesL Lite CourL Lo review Lite adopLion of Lite final assessiueaL foi• IuiproveuieriL No. 88, ProjecL No. 6 adopted by Lite CiLy of MendoLa HeighLs on AugusL 21, 1990. PeLiLioners seek review of Lite final assessiuenL for Parcel No. 27-31300-030-02 in Lite umounL of $4,504.90 and Parcel No. 27-31300-040-02 in Lite umournL of $10,306.57. PeL.iLioners, in supporL of Lheir PeLiLion, sLaLe and allege as follows: 1. PeLiLione'rs uL all relevuuL Limes, have been Lite owners of Parcel Nos. 27=31300-020-02 and 27-31300-040-02, covering lands in MenduLa HeighLs, DakoLa County, M.innesoLu, legally described us: LoLs 1, 2, 3 and 4, Block 2, Guadalupe HeighLs 1 n 2. The abuve-referenced assessmeriLs for ImpruvemeriL No. 88, ProjecL No. 6 adopLed by Lhe Ci Ly of MenduLa He.ighLs are nu L based upon Lhe berief i Ls received. 3. The above -referenced assessmerlLs are noL propurLioned uc:c carding Lo Lhe beriefi Ls received. 4. The above -referenced assessmenLs are noL bused on Lhe cos L of Lhe .impruvemenLs . 5. The Ci Ly of Mendo La He igh Ls ac Led in a mariner Lha L was arbiLrury and capricious and assessed csosLs of improve- menLs in such antounLS LhaL were wholly uusupporLed by subsLanLial evidence. 6. The Ci Ly of MeriduLa HeighLs was wiLhouL juris- dicLion.Lu assess Lhe above -referenced parcels. 7. The assessmeriL�s are uLtierwi.se cunLrary Lo MinnesoLa law. WHEREFORE, Pe Li Lioriers demand .Lhe following , relief: 1. For an Order seLLing aside Lhe final assessmenL for IiupruvemernL No. 88, ProjecL No. 6, udopLed by Lhe Ci Ly of MendoLa Heights on AugusL 21, 1990, with respecL Lo Parcel No. 27-31300-030-02 and Parcel No. 27-31300-040- 02. 2. Fur , a de Ler4nit Liorn of: a) The cosL paid fur Improvemer►L No. 88, ProjecL No. 6; b) The benef.iL received by each parcel, and 2 0) oLher .issues raised .in Lhis Appeal. 3. Ordering a refund of excess `Luxes paid, wiLh irnLeresL, arid 4. For such oLher arid fur•Lher relief as Lo Lhe CourL seetus j us L arid equi Lable . ACKNOWLEDGMENT The undersigned trereby acknowledges LhaL Lhe Pe LiLioners have been advised LhaL cos Ls, disbursemerrLs arid reasonable aLLovney and wiLrress fees may be awarded pursuarrL Lo MinrresoLa SLaLuLe 549.21, Subd. 2, Lo Lhe par -Ly agairrsL whose Lhe allegaLiurrs or defenses in Lhis pleading are asserLed. Da Led: SepLembei• 1-1, 1990 E. C. Meis.inger. ALLorney for PeLDriers 60 EasL Marie, #q19 WesL SL. Paul, MN 55118 612/457-2827 A.R.N. 71833 3 CITY OF MENDOTA HEIGHTS MEMO September 14, 1990 TO: Mayor, City Council, City Administ�a * FROM: Kathleen M. Swanson, City Clerk SUBJECT: Council Meeting Schedule INTRODUCTION The General and City Election will be held on Tuesday, November 6th, which is also the date for a regularly scheduled Council meeting. Council should determine whether it wishes to meet on November 6th or reschedule the meeting to another date. INFORMATION State law mandates that public bodies may not meet before 8:00 P.M. on election days. The Council meeting could be scheduled for 8:00 P.M. on November 6th, however staff prefers that the meeting be rescheduled. The City Hall is now a precinct polling place. Although the large conference room was used for this purpose for the Primary Election, the Council Chambers is the preferred location for the General Election. Additionally, all of the secretarial personnel will be assisting with election processing. Their assistance is so important, I would prefer not to re -assign someone to serve as the Council secretary on election night. Council must convene as an Election Canvassing Board within 48 hours after the election. The Canvassing Board and regular meeting could be scheduled for the same evening, either Wednesday or Thursday. RECOMMENDATION I recommend that the Election Canvassing Board be scheduled for 7:30 P.M. on November 8th and that the November 6th regular meeting be rescheduled for 7:45 P.M. on that same evening. ACTION REQUIRED Council should pass a motion either rescheduling the November 6th meeting for 8:00 P:M. that evening or rescheduling the November 6th meeting to November 7th or 8th. In its motion, Council should also schedule the date and time for the Election Canvassing Board.