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1997-12-02 Council PacketCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA DECEMBER 2,1997- 7:30 P.M. 1. Call to Order a 2. Roll Call 3. Agenda Adoption 4. Approval of November 18 Minutes. 5. Consent Calendar a. Acknowledgment of the November 25 Planning Commission Minutes. b. Acknowledgment of the Building Activity Report for November. C. Acknowledge Receipt of Information regarding Parking Cars on City Streets for Purpose of Sale. d. Acknowledge the Cancellation of the December 23, 1997 Meeting of the Planning Commission. e. Acknowledge Receipt of a Summary regarding Tilsen's Highland Heights Project Complaints. f. Authorization to Purchase, Program and Install a Mobile Data Terminal in Squad Car. g. Approval to Purchase Two Squad Cars. h. Approval of RESOLUTION NO. 97-79 - RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 93, PROJECT NO. 1 AND IMPROVEMENT NO. 96, PROJECT NO. 2. i. Approval of Delinquent Sewer Resolution - RESOLUTION NO. 97-80 - (Information Available on Tuesday). j. Approval of the List of Contractors. k. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Hearing a. Truth in Taxation Hearing 8. Bid Award a. $380,000 Equipment Certificates of 1997 - RESOLUTION NO. 97-81 b. $1,900,000 Improvement Bonds of 1997 - RESOLUTION NO. 97-82 9. Unfinished and New Business a. Discuss Lonnquist Request for Escrow Return. b. Case No. 97 -40: -Thompson - Lot Size Variance RESOLUTION NO. 97-83 C. Case No. 97-39: Card - CUP and Variance - RESOLUTION NO. 97-84 d. Discuss CDBG Application - Status Report on Rehabilitation Loan Program. 10. Council Comments 11. Adjourn to Closed Council Session to Discuss Labor Negotiations. Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. J CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 18, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota 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 Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION — Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: C APPROVAL OF MINUTES Ayes: 5 Nays: o CONSENT CALENDAR Councilmember Huber moved approval of the minutes of the November 4, 1997 regular meeting as amended. Councilmember Krebsbach seconded the motion. Councilmember Smith moved approval of the consent calendar for the November 18, 1997 meeting, with the exception of item in. "Police Chief Job Description", which was pulled for discussion, along with authorization for execution of any necessary documents contained therein: a. Acknowledgment of the October 14 Parks and Recreation Commission Minutes b. Acknowledgment of the November 13 Airport Relations Commission Minutes c. Acknowledgment of the October Fire Department Report d. Acknowledgment of the October Treasurer's Report e. Authorization to Prepare Plans and Specifications and to Begin Bid Process for Creek Bed Restoration - Brown Institute Ayes: 5 Nays: 0 POLICE CHIEF JOB DESCRIPTION November 25, 1997 Page 2 f. Acknowledge Receipt of the Unapproved Minutes from the September 3 NDC4 Commission Meeting and October 8th Executive Committee Meeting g. Acknowledge an Amendment to the Joint Powers Agreement for Landfill Abatement Funding from Dakota County h. Approval of the AMB Private Water Main Agreement, along with authorization for its execution by the Mayor and City Clerk. i. Approval to Appoint John Ambrose as Maintenance Worker I in the Street Department. j. Authorization to Perform Storm Water Maintenance for the City of Lilydale subject to inclusion of a 60 to 90 -day Termination Clause in the Agreement k. Acknowledge Metropolitan Council Comprehensive Plan Grant and Authorization to Execute Agreement 1. Acknowledge Receipt of Information Regarding Landscape Improvements to North Kensington Park n. Approval of the List of Contractors o. Approval of the List of Claims dated November 18, 1997 and totaling $347,724.73. Councilmember Koch seconded the motion. Mayor Mertensotto requested that the following procedures be added to the process of selecting a City Police Chief: 1) allow two or three weeks for response time; 2) include background investigation and credential verification in the profile for the final two or three candidates. City Administrator Batchelder noted that Minnesota law prohibits requiring a physical or criminal investigation unless a conditional job offer has been made. A general background check can be done without a job offer. It was the consensus of the Council to also delete the word "affluent" and "first ring" in the advertisement and use "northern Dakota County suburb. " In response to the Council's inquiry, City Attorney Hart stated that all candidates can be turned down if the Council does not find a qualified candidate among the applicants. The burden of proof for any claim of discrimination would rest on the applicant. Ayes: 5 Nays: 0 RESOLUTION NO. 97-78 BUNKER HILLS STREET RECONSTRUCTION November 25, 1997 Page 3 Councilmember Smith moved to adopt the Police Chief position profile, as amended and authorize staff to begin the recruitment process, including publication of a job advertisement in the Southwest Review, Sun Current, Police Chief Bulletin, and other appropriate local publications. Councilmember Huber seconded the motion. Council acknowledged staff reports and numerous letters from residents with respect to proposed Bunker Hills street improvements. Mayor Mertensotto stated that the option resulting from the feasibility hearing was to pursue a plan for an urban street reconstruction project. While the City has not received a petition with 35 signatures opposing the project, there have been many neighborhood comments of concern. A count of the written statements received indicates a slight majority favor the project. Because support is widely split, the Council reopened the discussion and agreed to make a decision whether or not to proceed with the project at this meeting. The project has been discussed for two years, and there will not be another public hearing. Approval of the project requires four affirmative votes. Termination of the project requires three votes. Mayor Mertensotto noted that the roads are 27 years of age. They have been seal coated twice. Many residents opposed to the project have requested mill and overlay work instead. However, if full curb and gutter are not installed, the storm water drainage problems will not be corrected, and the construction of the street will not be improved because the base of the road will not be replaced. Since all residents benefit the same, the assessment is the same to each property owner. It is the Council's responsibility to not only listen to residents but to determine what is in the best interests of the City. Civil Engineer Mogan distributed photographs illustrating storm water problems in this neighborhood. He stated that it would be irresponsible on the part of the City to proceed with a road project without addressing the storm water drainage. The streets were constructed in 1970 in conjunction with the installation of the sanitary sewer and watermain. The streets were constructed 20 to 30 feet wide with 1.5 to 2 inches of November 25, 1997 Page 4 bituminous on the street. Seal coating treatment was done in 1977 and it 1983. Because of the condition of the road, it was felt that it is not fiscally responsible to do another seal coat treatment. A task force met on this issue for two months and concluded that total reconstruction of the street is needed. It is City policy to participate to the extent of 50 percent of the cost of total reconstruction. The remaining half is assessed. However, the City does not participate in the cost of an overlay. The total cost is assessed to residents. The proposed project will increase property values and eliminate ditches and culverts and reduce road maintenance costs. Most important is the opportunity to correct the unstable subgrade conditions. Without curb and gutter freezing and thawing water in the spring will eat away at the edge of the new pavement. Other benefits with curb and gutter are the fact that they are constructed at a flatter grade than the bituminous street, and the surface life of the road is extended. Civil Engineer Mogan showed more photographs comparing roads reconstructed with curb and gutter to current roads in Bunker Hills. In response to a resident inquiry, he stated that seal coating was not done more than twice because the streets are not in good enough shape to benefit from that treatment. It would have been a waste of City money. Residents attending the meeting expressed the following concerns: 1. There were 75 people who signed the petition, which is approximately 60 percent who support a street overlay. 2. Residents believed that with three options presented, the neighborhood would have input on the decision. 3. The petition for an overlay was taken by advocates for that position. It cannot be taken as the expression of public opinion. 4. Trees will be lost when the road is widened. Some cities are designing narrower roads. 5. Residents would like to know if the Council is considering any other options other than total reconstruction. 6. The initial survey taken resulted in the majority wanting curb and gutter. The question is why the petition is more valid than the original survey. Mayor Mertensotto explained that there are statutory rules and regulations that must be followed with an assessment project. The feasibility report is on an urban street reconstruction project. There is no feasibility report on an overlay project. The Council must be responsible and consider the amount of money being spent and benefits to the constituency. The streets are substandard, and the question is ho, November 25, 1997 Page 5 much longer should the City put money into overlays and patching. It is his opinion that it would be a disservice to the residents of Mendota Heights if this project is not ordered in. Sooner or later these streets will have to be reconstructed. Municipal government must spend dollars prudently, and the City holds the line on expenditures. Councilmember Huber stated that the petition was presented to the Council a month ago with 44 signatures for an overlay. Since that time many letters have been received. He stated that he read each of the letters carefully and now counts 39 who support only an overlay, two are neutral, and 33 support complete reconstruction. This translates to 52.6 percent for an overlay and 44.7 percent for complete reconstruction. Councilmember Krebsbach noted that in the last discussion, a shorter drainage pipe route was discussed. She asked if that idea has been reviewed. Civil Engineer Mogan responded that the outlet pipe from the neighborhood to Highway 110 is approximately 1000 feet. The only place the pipe can be installed is in the boulevard. Mn/DOT approval will have to be received in order to shut down the roadway. That problem would be addressed with this project. Water flow would be accommodated by taking it to the current drainage path. Councilmember Krebsbach asked the estimated cost per homeowner if the road received only a 3 to 5 -inch pavement and 6 inches of gravel base but no curb and gutter. It seems clear that the roads need to be reconstructed, but the question is whether curb and gutter have to be installed. Civil Engineer Mogan stated that the only way to estimate that cost would be through a feasibility study. Councilmember Koch stated that with respect to all of the work done by City staff, the practical solution is to put in curb and gutter. However, the decision was opened to neighborhood residents with different options. She believes the Council needs to respect the majority opinion and preserve the street system that exists. Although she personally feels that complete reconstruction with curb and gutter is needed to solve the drainage problems, an overlay was presented as an option. The majority prefer an overlay which is the option she must support and hope that somehow the drainage issue can be resolved. November 25, 1997 Page 6 Mr. Pat Marin, 727 Willow Lane, stated that he uses the area roads the least of anyone, as his property is only 30 feet into the project area. He does not experience any problems, but the road is in bad condition. When there are potholes, cars bump down; after patching cars bump up. He would like to see the full reconstruction. It would be worthwhile because of the financing from the City. Mayor Mertensotto stated that Council has two options: 1) vote for the project consistent with the feasibility study; or 2) terminate the project. City Attorney Hart stated that in accordance with Minnesota Statute Chapter 429, the City is providing notice of the project to affected residents and providing the opportunity for those residents to be heard. What neighbors have not studied is the engineering report that states whether other alternatives are feasible and why from an engineering standpoint. To pursue other alternatives and comply with Chapter 429, this project would have to be voted down and the City go back to square one with a new feasibility study on another alternative. Councilmember Smith stated that based on the initial survey, the Council proceeded with the feasibility study that includes curb and gutter. Once that feasibility study was ordered, the other options were no longer beint considered. Councilmember Krebsbach stated that it was her understanding that the Council would receive equal information on all options. At the last meeting she specifically asked the estimated cost .of reconstruction without curb and gutter. It was never explained that another option cannot be selected without a feasibility study. She asked how long it would take to do a feasibility study without curb and gutter. Civil Engineer Mogan answered, perhaps a couple of weeks. Mayor Mertensotto stated that two weeks would not be long enough to prepare the study and notify residents of another public hearing. J 1 Consideration of two projects would create a lot of confusion o-tw- - One resident noted that the last time a feasibility report was presented at a public hearing, the process took a year. City Attorney Hart stated that only one project can be voted in. There is no statutory prohibition on the number of feasibility studies. November 25, 1997 Page 7 Councilmember Smith stated, that all efforts to determine preferences � w- 400— t-p. o�'L.. have been made j'There is no mandate on either side of the question. This means the balancing decision is the responsibility of the Council. ' ✓ to not fall behind the standard of other streets in the City, she would Jkfy favor complete reconstruction whether or not there are curbs andgutters. Councilmember Huber moved adoption of Resolution No. 97-78, RESOLUTION ACCEPTING REVISED ENGINEER'S REPORT, ORDERING OF IMPROVEMENT PROJECT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS NO. 2, SUMMERSET PLACE, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (JOB NO. 9514, IMPROVEMENT NO. 96, PROJECT NO. 3)," to order in complete road reconstruction in Bunker Hills with curb and gutter in conformance with the revised feasibility study; that trees be protected where possible, except for the tree on the Schuster property. Councilmember Smith seconded the motion. Discussion of Motion: Civil Engineer Mogan asked if the full width of the street should be built if it means removing trees. Councilmember Huber requested that those areas be addressed in the plans and specifications. November 25, 1997 Page 8 Councilmember Krebsbach stated that to the extent that the feasibility study does not offer any other solution and the fact that she believes residents are looking for a solution, she will support the motion. Councilmember Koch stated that she has no option but to respect the majority of neighbors' wishes. She believes everyone is fully apprised of all objections and future financial considerations. Roll Call Vote: Ayes: Mertensotto, Huber, Krebsbach, Smith Nays: Koch Mayor Mertensotto called a break at 10:15 p.m. and reconvened the meeting at 10:25 p.m. COMMUNITY DEVELOPMENT BLOCK GRANT MASAC REPRESENTATION Council acknowledged the City's 1998 application for the Community Development Block Grant (CDBG) funds through the Dakota County Housing and Redevelopment Authority. City Administrator Batchelder stated that last year the City used the funding specifically for a rehabilitation loan program whereby low interest loans were made available to low and moderate income homeowners in Mendota Heights. Mayor Mertensotto requested a status report of the fund's use in the last year before Council action. Council acknowledged receipt of the proposed bylaw changes to the MASAC board. Mayor Mertensotto stated that the recommendation is to increase the size of the MASAC board from 34 to 38 members. Minneapolis would have two additional representatives, and the cities of Mendota Heights and Eagan would each have one additional representative. He stated that allowing more representation from affected cities is a step in the right direction. Councilmember Smith made a motion that the City submit a letter to the Chairman of MASAC and the Chairman of MAC to recommend that the Chamber of Commerce of Northern Dakota be allowed to fill the industry seats being added to MASAC under proposed by-law amendments. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 UPDATE ON AIRPORT ISSUES November 25, 1997 Page 9 Councilmember Koch seconded the motion. Councilmember Smith made a motion to direct the City's MASAC Alternate Representative, Mr. Joe Leuman, to attend the December 2, 1997 MASAC meeting and vote favorably on the reorganization change with respect to voting on MASAC. Councilmember Krebsbach seconded the motion. Council acknowledged receipt of the update report on airport issues. City Administrator Batchelder reviewed a number of issues being worked on with MAC: 1. As directed by the Council in October, a letter dated October 20, 1997 was submitted in response to the environmental assessment for the expansion of Runway 4-22. 2. The Metropolitan Council plans to use their new Aviation Guide Plan to make determinations on Comprehensive Plan updates from airport cities. Mayor Mertensotto stated that it has been difficult to convince the Metropolitan Council that the Garron site is appropriate for commercial development. He does not want to see industrial or semi -trailer truck traffic in that area. He would like to see the Resurrection Cemetery land along Highway 55 sold for residential use, which is the only use that would be appropriate. Pratt Homes was lost as a developer, and the City is in a catch-22 position. If the City denies reasonable use of the land, there could be an inverse condemnation action. City Administrator Batchelder stated that the Metropolitan Council has agreed to study those sites in relation to the Aviation Guidelines and report back to the City. The Met Council is aware that there have been discussions of how to compensate airport communities for removing tax base from the City because the only appropriate land use is not allowed on these sites. Councilmember Krebsbach recalled a subcommittee meeting of MASAC that she attended where MAC indicated that planes are flying over the ORDINANCE RECODIFICATION Ayes: 5 Nays: 0 COUNCIL COMMENTS November 25, 1997 Page 10 river bottom and warehouse district of Mendota Heights. She does not want to see an expanded warehouse district without City knowledge. Councilmember Smith noted that the Metropolitan Council does not wish to grant exceptions to their newly adopted Aviation Guide Plan, but the City is not seeking an exception. What is needed is a change in the inaccurate guidelines. Council also briefly discussed concerns about the reality of the continuing expansion of the airport. Council acknowledged receipt of the proposed Request For Proposal (RFP) for recodification of the City's ordinances. City Clerk Swanson estimated that the recodification process would take approximately one year. Costs are estimated between $15,000 and $20,000, which includes legal fees. The purpose is to make sure City ordinances are in compliance with state statute and to incorporate all City ordinances into the City code. Staff is also compiling a list of errors and omissions to be corrected. Councilmember Huber asked if this project is budgeted. Ms. Swanson responded that it was budgeted three years ago, and the funds have been held in reserve. Councilmember Krebsbach moved to approve the RFP for the recodification of the City's ordinances a d to direct staff to submit the RFP to firms specializing in ordinance codification. Councilmember Smith seconded the motion. City Treasurer Shaughnessy noted the City's Truth In Taxation hearing scheduled for the next Council meeting, December 2, 1997, at 7:30 p.m. ADJOURN There being no further business to come before the Council, Councilmember Smith moved to adjourn the meeting to the next regular November 25, 1997 Page 11 Council meeting on December 2, 1997, at 7:30 p.m. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:00 p.m. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 25, 1997 The regular meeting with the Mendota Heights Planning Commission was held on Tuesday, November 25, 1997, in the Council Chambers at City Hall, 1 101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Dwyer, Koll, Friel, Betlej, Duggan and Tilsen. Commissioner Lorberbaum had informed Chair Dwyer that she would be late. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. 3 APPROVAL OF MINUTE Commissioner Tilsen moved approval of the October 28, 1997 minutes with corrections. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 97-39 - CARD - VARIANCE AND CUP Mr. Joseph Card, of 644 Brookside Lane, was present to discuss his request for a Conditional Use Permit and Variance which would allow the construction of a second story addition to his garage. Chair Dwyer stated that Mr. Card had recently added a second story to his garage for a dancing studio for his son. Mr. Card responded yes and that he disagrees, with Planner McMonigal, that a height variance is also necessary. Card stated that the garage has been in existence for forty years and that he had made an addition to the garage four years ago. He stated that the garage addition is located eight feet from his property line. He informed the Commission that his neighbor, Mr. Krueger, is willing to give him two feet of his property which would then make his property wider. Mr. Krueger, of 646 Brookside Lane, confirmed his intent to give Mr. Card two feet of his NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 1 property with the Commission. Mr. Card stated that if the Conditional Use Permit is an issue, he is willing to attach his home to the garage by forming a walkway. " Commissioner Tilsen stated that if Mr. Card plans to attach the garage to the house, a thirty foot house setback is required. Tilsen stated that there is no information before the Commission to discuss Mr. Krueger's intent to sell two feet of his property to Mr. Card. Mr. Card informed the Commission that he had received a building permit four years ago which allowed him to construct an addition to his garage. He stated that he has built onto the side of the garage and has installed a pre- cast roof to the garage. He informed the Commission that his garage roof leaks. Commissioner Tilsen inquired if Mr. Card has deviated from his original building permit approval. Mr. Card responded that the garage addition is now safer than it ever has due to the construction of the new garage roof. He stated that he wants to use the space -above his garage. Mr. Card informed the Commission that he' had spoken with his neighbors regarding his proposal. He stated that he had spoken with his neighbors .regarding the proposed roof style and that they did not indicate a concern. He stated that he had found out recently that the City had received complaints from his neighbors regarding his garage addition. Chair Dwyer stated that Mr. Card's garage addition is considered a non- conforming use and that the proper permit process was not followed. The Commission inquired about the past history of Mr. Card's building permit process. Mr. Card stated that he received the initial building permit in 1992. He inquired how the City calculates the average height of a structure. Commissioner Lorberbaum arrived at 7:56 -p.m. Planner McMonigal explained how the City calculates building heights by citing Section 3.2(19) of the City's Zoning Ordinance - "The vertical distance form the average grade of the front building line, as established in the approved grading plan for the lot, to the'top of the cornice of a flat roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on;a round or.. other arch type roof, to the average distance of the highest gable on a pitched or hip,roof". After some discussion, the City Planner and Commission members calculated NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 2 Mr. Card's roof height to be eighteen feet. Public Works Director Danielson reviewed Mr. Card's garage addition plans from 1992. Commissioner Friel noted that Mr. Card has constructed an additional six feet to his garage along with adding a second story to the garage. Friel stated that the issues related to setback variances have been resolved in 1992. He stated that a variance and conditional use permit is necessary due to the expansion of a non -conforming use. Commissioner Betlej inquired if the detached garage is larger than the principal structure. Chair Dwyer opened the meeting to the public. Chair Dwyer informed the Commission that Mr. and Mrs. David Wolff, of 644 First Avenue, submitted a letter which informs the Commission that the garage addition does not impact them only because they do not have to see it day -after -day. He stated that, according to the Wolff's letter, it is -their, opinion that Mr. Card's neighbors, Mr. and Mrs. John Albu, of 641 First Avenue, do see the garage every day and that the addition does impact the Albus. Chair Dwyer stated that the Wolffs have indicated that they regret signing Mr. Card's petition. Mrs. Albu, of 641 First Avenue, stated her opposition to the Commission and noted that Mr. Card had presented his proposal to them in October and that when they left on vacation, Mr. Card built his addition. She stated that the garage addition is much larger than what was presented and that it directly impacts -their back yard view. Mr. Kevin O'Keefe, neighbor located west of Mr. Card, informed the commission that the Albus were mislead and that the garage addition does directly impact the Albus backyard view. Mr. Krueger, of 646 Brookside Lane, stated that the garage does not seem to impact any households as there is a fence and trees that help screen the addition. Chair Dwyer stated that the garage addition must be used for private use only. Mr. Card stated that the addition will be used by his son who practices dance on a regular basis. He informed the Commission that his son takes dance lessons in Maplewood and that the addition will only be used for his son's practices. He stated that he has no plans to use the addition for a formal dancing business. Mr. Card stated that he is willing to place a - NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 3 condition on his approval that when his son no longer uses the garage for practices, he would be willing to seal the doors and use the space only as an attic. Commissioner Duggan inquired if a contractor was hired to complete the work. Mr. Card responded no. Card stated that only one inspection has been completed since 1992 (a footing inspection). He stated that his building permit is still open. Duggan inquired about the garage and how it will be used. Mr. Card stated that the portion of the garage where the large door is located is used by himself to park his van and that the other half of the garage is used by his wife and for storage space. Commissioner Duggan stated that he believes that this is the first time where neighbors have expressed their concerns that an addition to the neighborhood affects their own property and the use of it. He stated that no hardship has been presented. Mr. Card stated that he has received signatures of consent from property owners within 350 feet of his property. He informed the Commission that two neighbors did not sign the consent form. Commissioner Friel stated that with the approval of the conditional use permit, the Commission would be recommending that the garage addition exceed the City's Zoning Ordinance height limitation and the normal size of a detach garage by 1200 feet. Commissioner Koll stated that she empathizes with Mr. Card's situation. She stated that she has a real concern with the size of the structure. She stated that most people living around Mr. Card do not realize that the addition is there. She stated that it is those neighbors on First Avenue who have a real concern because the addition is so stark and gigantic. Commissioner Duggan stated that the drawing does not appear to be to scale. Mr.. Card stated it is. Chair Dwyer moved to close the public hearing. w Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 4 NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 4 Commissioner Duggan moved to recommend that the City Council grant a Conditional Use Permit conditioned upon: 1. The buildings be uniform in color. 2. That the building be used for private use only. 3. That the building be properly screened with landscaping. MOTION FAILS DUE TO THE LACK OF A SECOND MOTION. Commissioner Friel moved to recommend that the City Council deny the Variance and Conditional Use Permit on the grounds that the garage addition exceeds both the height requirement and square foot requirement and that no hardship has been presented. Commissioner Tilsen seconded the motion. Commissioner Betlej noted that this recommendation for denial has nothing to do with the side yard setback or footprint issues since these issues were _ already approved, in context, for the initial addition. He.stated that the initial addition did not include a second story to the garage. AYES: 6 NAYS: 1, DUGGAN Commissioner Lorberbaum inquired about what will happen if the City Council concurs with the Commission' recommendation for denial. Staff informed her that the building would have to be torn down. CASE NO. 97-40: THOMPSON - VARIANCE Mr. Samuel Thompson was present to discuss his request for a variance to lot size which would allow the construction of a single family home on Lot 5, Block 14, Friendly Hills. Mr. Thompson stated that this lot is the same size lot as found within the Friendly Hills addition. He informed the Commission that his proposed home will be a rambler with 1500 square feet of livable space and 572 square feet of garage space. It was noted that the lot size is 10,120 square feet or 67 percent of the current minimum R-1 lot size of 15,00 square feet. The Commission inquired if this lot is located with the air noise zone in which the -home will need to be constructed with specific noise attenuation - NOVEMBER 25, 7997 - PLANNING COMMISSION MINUTES 5 requirements. It was noted that this lot is not located within the air noise zone district. Commissioner Tilsen noted that Mr. Thompson has presented two options in which he could build his home. Tilsen stated that option one appears to not disturb the trees located on the lot. He encouraged Mr. Thompson to consider option one. Commissioner Betlej inquired if Mr. Thompson intends to construct a deck or screen porch in the future. Mr. Thompson responded yes. Betlej informed Mr. Thompson that a variance will be necessary at that time. Chair Dwyer noted that signatures of consent have been received. Commissioner Tilsen moved to waive the public hearing requirement. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council grant the lot size variance to allow the construction of a home on Lot 5, Block 14, Friendly Hills with the stipulation that this lot size variance approval not be construed to imply prior approval of any other variances or other planning approvals in constructing the actual home. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NO. 97-41: PARK - VARIANCE Administrative Assistant Hollister informed the Commission that Mr. and Mrs. Park and their attorney, Mr. John Parritz, were unable to attend tonight's meeting to discuss their request for a variance to build a six foot solid board fence in the back of their property abutting Delaware Avenue. He stated that the applicants have asked that the Commission review their request. - He stated that the applicants would be available to attend the December 2nd Council meeting. Commissioner Lorberbaum stated that she believes the Parks have a hardship in that the City's Police Department has recommended that the Parks pursue NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES - 6 this request due to a recent burglary. Lorberbaum stated that the fence will be on the Park's and located behind their attorney, Mr. Parritz's home. She stated that they are trying to prevent more problems from occurring. The Commission discussed whether or not they should review this request since the applicants were unable to attend. Chair Dwyer stated the he does not feel the Commission should address this application when the applicants are not present. Commissioner Friel moved to table the request until the next regular Planning Commission meeting. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 1, LORBERBAUM CONSIDER CANCELING THE DECEMBER 23, 1997 PLANNING -- - -- -- --- -- - - -- - - COMMISSION MEETING There being no pending planning applications and due to the upcoming holidays, Commissioner Friel moved to cancel the December 23, 1997 Planning Commission meeting. Commissioner Betlej seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 8:55 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary NOVEMBER 25, 1997 - PLANNING COMMISSION MINUTES 7 MEMO Date: 11-26-97 TO: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer CHC C• SUBJECT: Building Activity Report for November 1997 CURRENT MONTH BUILDING 0 0 4 PERMITS: No. Valuation Fee Collected SFD 2 526,000.00 3,993.01 APT 0 0 0 TOWNHOUSE 0 0 0 CONDO 0 0 0 MISC. 27 314,056.00 4,443.62 C/I 21 1,013,315.00 8,108.18 Sub Total 50 1,853,371.00 16,544.81 TRADE PERMITS: YEAR TO DATE 97 No. Valuation Fee Collected 26 4,799,967.00 40,167.53 0 0 0 4 484,606.00 4,703.34 0 0 0 372 3,373,588.00 51,655.06 . 132 16,089,678.00 98,018.97 ------------------------------------- 534 24,747,839.00 194,554.90 YEAR TO DATE 96 No. Valuation Fee Collected 14 2,891,259.00 23,423.42 1 4,987,281.00 18,998.93 6 716,278.00 6,868.14 0 0 0 370 _.3,708,276.00 56,093.96- 92 19,581,096.00 98,915.04 483 31,884,190.00 204,299.49 Plumbing 14 1,143.00 110 6,406.00 86 11,923.00 Water 3 15.00 46 230.00 34 - 170.00 Sesser 3 52.50 37 647.50 35 687.00 Heat, AC, & Gas 22 1277.50 217 15,525.00 225 37,827.00 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 42 2,488.00 410 22,808.50 380 50,607.00 Licensing: Contractor's Licenses 21 525.00 407 10,175.00 391 9,775.00 -------------------------------------------+------------------------------------+------------------------------------ Total 113 1,853,371.00 19,557.81 11351 24,747,839.00 227,538.40 11254 31,884,190.00 264,681.49 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. CITY OF MENDOTA HEIGHTS MEMO November 26, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Ordinance regarding parking cars on City streets for purpose of sale Discussion At the November 18, 1997 meeting of the City Council, the Council asked Staff to research what Ordinances the City currently has in place regarding the parking of vehicles on City streets for the purpose of selling the vehicles. Please see the attached Ordinance Number 285 prohibiting the parking of vehicles on City streets for purposes of sale. This Ordinance is actively enforced by our police department. Council Action Required This is an information item only. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO.285 AN ORDINANCE AMENDING ORDINANCE NO. 219 (Codified Ordinance No. 1101) The City Council of the City of Mendota Heights, Minnesota, ordains as follows: SECTION 1. Ordinance No. 219 (codified as Ordinance No. 1101), known and referred to as "An Ordinance Regulating Motor Vehicles and Traffic," is hereby amended in the following respects: The following paragraph is hereby added to Section 4 of said Ordinance: 4.16 Displaying Vehicle for Sale No person shall park a vehicle on any street, other public.property or commercially zoned private property, for the purpose of advertising or displaying such vehicle for sale. SECTION 2. This Ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an ordinance this 2nd day of June, 1992. CITY OF MENDOTA HEIGHTS ByCharles E. E. Mertensotto Mayor ATTEST: thleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO November 26, 1997 TO: Planning Commission FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Cancellation of the December 23, 1997 Planning Commission Meeting Discussion On November 25, 1997, the Planning Commission canceled their December 23, 1997 meeting and announced that they will reconvene on Tuesday, January 27, 1998. The Planning Commission customarily cancels its December meeting each year unless urgent business dictates otherwise. Staff has received no applications for the month of December, and does not anticipate any such applications. The fact that the fourth Tuesday of this December falls on the evening of Hanukkah (which begins at nightfall) and two days before Christmas added considerable weight in favor of canceling the meeting. Action Required Acknowledge the cancellation of the December 23, 1997 meeting of the Planning Commission. CITY OF MENDOTA HEIGHTS November 26, 1997 TO: Mayor, City Council, and City Administrator FROM: Marc S. Mogan, Civil Engineer SUBJECT: Response to Tilsen's Highland Heights Project Complaints DISCUSSION: A few residents registered complaints about specific construction items with Council at the October 7, 1997 meeting during the Tilsen's Highland Heights assessment hearing which was held prior to completion of construction. A summary of those specific items of concern and our response or action is outlined below: 1. South Bound Lilac Lane at Caren Road. Resident - Harold Specktor, 1643 Lilac Lane. Concern - Dip in the pavement across the south side of Caren Road intersection to southbound Lilac Lane. Response - Dip was flattened with placement of final lift of blacktop after assessment hearing. We now feel that it is no longer a problem, and have not received any new complaints on this matter. 2. Boulevard erosion. Resident - Ken Herrmann, 995 Caren Court. Concern - Drainage flowed across boulevard causing erosion onto property. Response - Drainage was redirected to street when boulevard landscaping was subsequently' replaced, and the drainage area to end of Caren Court cul-de-sac was reduced after placement of final lift of blacktop on Caren Court. The combination of the above should eliminate the problem. 3. Landscaping. Resident - Tom Fahey, 979 Caren Road. Concern - Trees were removed from city property (N. End Pond) on Caren Road that he planted at personal expense. Response - Replacement trees will be planted next spring when recommended planting conditions are met. 4. Topsoil Quality. Resident - Tom Fahey, 979 Caren Road. Concern - Topsoil used for boulevard backfill had high clay content. Response - Clay content of imported boulevard topsoil was reduced upon discovery after delivery of the first two loads to the project. 5. Boulevard Restoration. Resident - Emil Reiher, 1655 Lilac Lane, and Tom Fahey, 979 Caren Road. Concern - Construction debris and boulders buried in boulevard beneath sod. Response - Most of the construction debris (boulders, blacktop and concrete chunks) that was generated during street construction and left in the boulevard by Vi -Con, Inc. (General contractor), was removed by LaPointe Landscaping prior to sodding (see attached note from LaPointe Landscaping). SUMMARY: The Tilsen's Highland Heights project is perceived by some in a negative light. I consider this project a success in spite of that observation. I admit that the Tilsen's Highland Heights project had some problems, as does any project, and was a difficult project at times. What was different with this project in my opinion, is that the Tilsen's Highland Heights residents were more inclined to approach Council members with their concerns, as opposed to resolving these issues at the City staff level. There were extended periods where no work took place on the project which prolonged completion of the project, but the contractor did ultimately complete the project on time. The near record rainfalls of July certainly were a factor in that regard, and complicated construction on this project. The general Contractor often made construction schedule commitments that were not fulfilled. When construction did take place, it was performed in compliance with project specifications. The most common complaint that I have heard on this project is in regard to boulevard restoration. There is certainly not as much debris buried in the boulevards as some have suggested as evidenced by the sod subcontractors letter. The methods that were utilized to prepare the boulevard prior to sod installation should insure that any debris or rocks that might be buried would be deeper than the root level of the grass, and therefore should not adversely affect sod growth in the restored areas. It seems that we learn something new, or find a better approach for a specific issue with each project we undertake. This project was no exception. Sod restoration has been the one primary item of concern on every City street reconstruction project to date. On future projects we will include specific requirements for boulevard restoration, rather than relying solely on MnDot specifications for this work. We will explore shortening the construction project's duration as much as possible without significantly increasing construction costs, and specifying interim, and/or earlier completion dates in the contract documents to encourage continual construction progress to project completion. ACTION REOUIRED: None. For Council information only. MSM LaPointe Landscaping 3040 Wilder Street North Roseville, Minnesota 5 5113 October 27, 1997 - City of Mendota Heights Attn: Mark Mogan 1101 Victoria Curve Mendota Heights Minnesota 55118 Dear Mr. Mogan: This letter is generated with respect to your inquiry on the removal of excess material and construction debris from the Tilsen's Highland Heights Project. I utilized two bobcats for a two week period removing excess material. This excess material consisted of dirt, chunks of asphalt, rocks, as well as other construction debris. Approximately twenty six (26) tandem loads of this material was assembled and then hauled from this site. Topsoil was then hauled in and graded in preparation for the sod to finalize this project. I would like to thank you for the opportunity to work on this project and I look forward to working with the'City of Mendota Heights in the near future. Sincerely, P� a Ryan LaPointe LaPointe Landscaping Inc. Mendota Heights Police Department MEMORANDUM November 18, 1997 TO: Mayor and City Council City Administrator FROM: Donn Anderso Chief of Police Subject: Mobile Data Terminal Introduction The police department requests permission to purchase another Mobile Data Terminal. This purchase would be the department's fourth MDT and if approved, will be installed in the "replacement" Crown Victoria squad that waS recently purchased. History The police department had budgeted $5,000 in Capital Outlay for this term which will provide computer communication between Mendota Heights and West St. Paul squads, the West St. Paul Communication Center, and the State of Minnesota Motor Vehicle and Driver's License computers. This will result in less on -air radio traffic, better communication between all squads, and provide added safety in dispatching officers to high risk calls. Action Required If Council agrees, it should authorize the City Administrator to approve the necessary orders (not to exceed $5,200) to purchase, program and install a fourth MDT in a Mendota Heights squad car. Mendota Heights Police Department MEMORANDUM November 18, 1997 TO: Mayor City Council City Adminis FROM: Donn Anderson Chief of Police Re: Squad Car Purchase Introduction The police department requests Council's approval of the purchase of two (2) Ford Crown Victoria patrol squads. The vehicles will be purchased from the State of Minnesota contract bid for $20,301 each, for a total of $40 602 which will be charged against the 1998 budget. With the sale of the existing squad, the purchase amount will be within the 1998 budget. Discussion We need to replace one 1995 Chevrolet Caprice that has in excess of 66,000 miles and add a fully marked patrol unit. Council had previously approved replacement of the 1996 Chevrolet Caprice that was totaled in an accident. This replacement, a 1996 Crown Victoria will be placed in service as a Class C patrol unit. The purchase of the two 1998 Crown Victoria patrol cars will give the patrol division a total of four marked patrol units and one unmarked patrol unit. With the police department operating at full strength of sixteen officers, there is a real need for the fifth C Class unit. Action Required That Council approve the purchase of two Ford Crown Victoria patrol cars from Superior Ford under the State of Minnesota contract at a cost of $40,602.00. CITY OF MENDOTA HEIGHTS November 18, 1997 TO: Mayor, City Council and City Administrator FROM: Tom Knuth, Senior Engineering Technician SUBJECT: Sanitary Sewer, Water, Storm Sewer and Street Construction Pine Creek Estates and TH 110 South Frontage Road Job. No. 9304 and 9610 Improvement No. 93, Project No. 1 and Improvement No. 96, Project No. 2 I-OSMOO KSac 0-75M The contract work for Pine Creek Estates and TH 110 South Frontage Road projects have been completed, inspected, approved and are ready for fmal payment (this will start the one year guarantee period). Total contract costs for these projects were $220,392.30 not including engineering, easements and overhead costs. I recommend that Council accept the project and approve the fmal payment of $14,718.96 to Northdale Construction Company, Inc. of Rogers. If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 97- , RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR RVIPROVEMENT NO. 93, PROJECT NO. 1 AND IMPROVEMENT NO. 96, PROJECT NO. 2. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97 - RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 93, PROJECT NO. 1 AND IMPROVEMENT NO. 96, PROJECT NO. 2 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on July 15, 1997, Northdale Construction Company, Inc. of Rogers, Minnesota, has satisfactorily completed the improvement of Sanitary Sewer, Water, Storm Sewer and Street Construction improvements to Pine Creek Estates and TH 110 South Frontage Road (Improvement No. 93, Project No. 1 and Improvement No. 96, Project No. 2) in accordance with such contract. NOW THEREFORE IT IS -HEREBY RESOLVED by the City Council of -the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $14,718.96, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 2nd day of December, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS Memo November 28, 1997 TO: Mayor, City Council and City Administrator FROM: Kathleen M. Swanson,, 6 City Clerk - SUBJECT: Delinquent Sewer Bills DISCUSSION: There are currently 39 delinquent sewer accounts, with a outstanding balance of $7,078.30. Included in this year's list is 4 commercial accounts whose outstanding balance totals $4,137.35. There have been several payments made, and we are still expecting to receive several more payment. The letter sent to the property owners, past due 2 quarters or more, notified them that if the delinquency was not paid by November 28, 1997 it would be certified to the County and a $25.00 charge plus 10% interest would be added to the delinquency amount. It is necessary to have your approval Tuesday, as the delinquency resolution needs to be delivered to Dakota County no later than Tuesday, December 15th. ACTION REQUIRED: Council should approve the attached Resolution No. 97- "Resolution Certifying Delinquent Sanitary Sewer Rental Charges to the Dakota County Auditor for Collection with Real Estate Taxes." CITY OF MENDOTA HEIGHTS Dakota County, Minnesota Resolution No. 97 - RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of Ordinance No. 803 adopted by the City Council of the City of Mendota Heights on August 6, 1974, it is provided that if sewer rental charges due to the City for the use of the City's sewer system are not paid within thirty (30) days after the mailing of a statement thereof, the same shall be collected and the collection thereof enforced in the same manner in all respects as county and state real estate taxes subject to like penaly, cost and interest charges, and WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due to the City as of November 28, 1997, for sewer service furnished the properties hereinafter described situated within the City has not been paid, -and - - --- WHEREAS, - WHEREAS, the City Clerk has further advised the City Council that a written statement for said rental charges due to the City as of November 28, 1997, has been sent to the last known owner of said properties and that more than thirty (30) days have elapsed since the mailing of said statement, and Whereas, said properties are all situated in the City of Mendota Heights, in Dakota County, Minnesota and the legal description of said properties, the name and address of the last known owner thereof, and the total amount of sewer rental charges due for each of said parcels through November 28, 1997, and more particularly described as follows; NAME AND ADDRESS J. Povolny 912 Adeline Court P. Devine 1391 Cherry Hill Road Robert Butterfield 929 Chippewa Avenue Robert J. Emery 1183 Dodd Road LEGAL DESCRIPTION AMOUNT DUE 27-71275-260-02 $262.80 27-17150-010-04 $85.00 27-57500-061-02 $232.00 27-03800-020-13 s $170.00 R. Heussner 654 First Avenue 27-69702-020-07 Neil Baker 680 South Freeway Road 27-38600-070-04 Wendy Van Netter 546 Hiawatha Avenue 27-57500-110-03 Joanne Plumeri 550 Hiawatha Avenue 27-57500-120-03 L. Mrozinski 595 Highway 110 27-02500-024-04 William C. Gove 755 Hilltop Road 27-71050-450-00 Eugene Engelmann 1779 Overlook Lane 27-32800-040-02 Gary Lovich 1088 Overlook Road 27-32800-020-02 Roy Henderson 1095 Overlook Road 27-32800-010-01 Jack Gohl 924 Rae Court 27-71275-180-02 David Mamiffo 37 Simard Street 27-31300-062-01 Frank Miller 604 Spring Street 27-42100-070-08 R. Powers 983 Stratford Road 27-72700-010-02 Milton Nichols 1794 Summit Lane 27-16500-010-01 Ronald Clevanger 1848 Summit Lane 27-44950-040-01 $54.35 $127.50 $178.70 $170.00 $136.20 $57.00 $338.20 $193.20 $233.80 $242.50 $201.90 $297.60 $201.90 $170.30 $358.50 G. Cosgrove 649 Sunset Lane 27-54200-081-01 $245.40 James L. Heroff 1456 Wachtler Avenue 27-17150-060-05 $245.40 S. Manahan 995 Winston Circle 27-52200-020-01 $118.51 J. Hanzal 771 Creek Avenue 27-27800-030-01 $283.10 Mary Jane Mossow 2335 Dodd Road 27-64500-010-00 $81.80 Sheila Smith 2130 Fox Place 27-27800-060-04 $90.91 Jeff Hussman - 2370 Lemay Lake Road 27-04100-016-36 $90.80 Pat Stead - 849 Mendakota Court 27-48225-010-01 $170.00 Mrs. D. Anderson 751 Mohican Lane 27-27800-190-19 $175.80 Mendota Homes 826 Monet Court 27-48350-090-01- $81.98 Gina Bifulk 2044 Patricia Street 27-19100-220-04 $212.50 Charles Griggs 767 Pondhaven Lane 27-15150-020-02 $300.95 B. Carlson, Jr. 2091 Theresa Street 27-19100-080-04 $309.20 Saleh Canavati 2166 Timmy Street 27-19150-090-00 $254.10 M.E. Sterling 810 Wagon Wheel Trail 27-45300-020-00 $170.00 r Mark Peterson 838 Wagon Wheel Trail 27-45300-060-00 John McNeill 1455 Perron Road West 27-03300-050-03 Big Wheel Rossi 2300 Pilot Knob Road 27-48250-010-01 Mendota Elementary 1979 Summit Lane 27-02600-031-28 Mendota Mall Associates 750-1 Highway 110 27-48400-020-01 Garven Inc. 1450 Northland Drive 27-36450-010-01 $200.00 $24.00 $972.00 $1,144.00 $687.85 $357.50 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL December 2,1997 Concrete/Masonry Contractor License Wachholz Masonry Inc. Excavating Contractor License The Fishel Company Gary Contracting Gas Piping Contractor License Albers Mechanical General Contractor License S.A. Jordan Construction, Inc. W.V. Nelson Construction Western Remodelers, Inc. H .. .� a December 2, , 1997 TO: Mayor and City Council CZAIMS ZSST SUMMARY: Total Claims 1[9,798 .��• . . Sigail`icant Claims � MCES sewer 65,904 NSP utilities 6,813 Unusual Claims ; St Paul Water svc connections 3,528 Keller Residential Inc hockey ring 10,263 Northdale Const improvements 14,719 + H r•• .SI Totals Terno Check Number Deplt-}�-Edm 26 No, Claims List k SLQ. QQ ngr Wed 9:,_:9 AM December 2, 199Pv of Mendota Heights Terno Check Number 20 -Police 4t 2 AT&T 01-4210-070-70 30 -Fire Terno Check Number 1 42 a 40 -CEO Terno. --------._-----•------- i ---..— . Check 73i Totals-Terno-Check-Number P -Pl l_unber-Vendor-Name-- Aecount-Cod a omments--1 Comments-- ... IEarl F Anderson & Assoc 01-4420-050-50 solus - 1-Ear-1-F-Ander-soil-iL-Assac—. 01=4420=0 0=50 so1YS �•,_ 1 Earl F Anderson & Assoc 01-4420-050-50 solvs "b s-ArnerUs-Li-£e Q1-207.4 r•• .SI Totals Terno Check Number i !t2—Terno--Check-Number=- k SLQ. QQ ' 1S �3V Terno Check Number K• 4t 2 AT&T 01-4210-070-70 1"' " 4th qtr, --2-AT_&T :al 42 01-4&1-1-030-30 dee-sve- i ,t'i 4 ;z 73i Totals-Terno-Check-Number P ... i - Terno Check Number 3 ,441 Terno Check Number 5 -- Dept 98-62711stiLdige 1 70 -Park 80 -Planning 85 -Recycling —_.._.___90 -Animal.. Control_ --Amount-­---- 27.37 -Amr_unt- ----- 27.37 -------- -88_18 14.68 20.47 C E'. 13: 14% 15- ta• , ;, is r, IS! ,a: 3 . 32! 3 Air Touch Cellular 01-4210-070-70 nov Svc lI 24.06 30 I31 Gat Totals Temp Check Number:°"`Y 4 Donn Anderson 01-4415-020-20 dec allow 120.00 k SLQ. QQ �3V Terno Check Number K• ., wi T 2 ,. > 42 33� Totals 4 <'^i< ;z 43� ... ,441 Terno Check Number 5 ,_5• 1;71' "b s-ArnerUs-Li-£e Q1-207.4 ec-onern 7-00 `-E' -' 5 ArnerUs Life 01-4131-020-20 dec orern 2,496.57 ;5a a ---1 Q ---- ----------- - 2,503_5 __ "— Totals Terno Check Number 5 a- _Terno-Check-Number-.._ _--_6___ ---•__--- ----^---_--.--- -----.--__-_--� --•-- 6 Arnoak Sales 08-4335-000-00 solys 475.45 6 J 475.45 Totals Terno Check Number 6 =` Teruo Check Number 7 • i s 7 Aoach e _ _.._._..- _- _.. -__._ ._ 01-43316-490-50 .. _....-_-.-_-•_-. ---• _ _oar_ts __ ___ 7 19.81 T,:i-.1< Torn, check Number 7 � ' � / 26 No,, .sr Claims List ' Wed n:uy nm oitx'or Mendota Heights | remo Check Number a -'----'- ' --'------'--'---'----------------------- ----------' - Temo' ! � Check ' '�-w�u�-�����w�e-- n�c�e----' me�'s- . r ' / , o Best Buy ^ 01-4300-110-10 sozxs -Best-Buy nzys �a ' f ^ o-a»ec*-41urn' ' ' | Number7 Pane u — --- r 123 _ 17 / ` ` � ' Bat -ter-`^-' ' 01-4330-460-30 ~~'^~ | ~~'~~ 171 1201 9 Bauer Built 01-4330-445-40 parts J, 45.70 91 9 Bat-ter--B+.ti7It ell 4-3GO-4-90--70 Dart, 54-39 f 13 3-1 21 -T-ran-Gheck-Nuraber 1-4 13: Tc-ta-l-s-Teriio-G:heek-Nurilber 9 1241 I L �� Temo Check Number �w � - . �' '^ ' �/`�,, � -�`''� - ' ^� � .' � | � 1251 ��� 2" 1-1-Board-of.-Water-Gtimrii-i-ss-i-oners-0-1--4-425-340-7 ' - '' �` '' ' . 1 � 2� 10 Kevin Batchelder 01-4415-110-10 dec allow 120.0ra 133201 -73 Totals Temo Check Number f 13 3-1 -T-ran-Gheck-Nuraber 1-4 I 11 Board of Water Commissioners 01-4425-310-50 Oct Svc 11.96 3E 39C 1-1-Board-of.-Water-Gtimrii-i-ss-i-oners-0-1--4-425-340-7 Oct -Svc' -1-1-96 11 Board of Water Commissioners 15-4425-310-60 Y 1- Oct Svc, 111.96 11 Board of Water Commissioners 01-4425-315-30 17.94 Cat—sve i -94 451 55 71.76 -Total s-TeraP-Check-Number ,::7 Temo Check Number 12 12 Business Forms & Accta 01-4200-110-10 w 2's 18.35 12 Business Forms & Acctg 01-4300-020-20 w 2's is. 30 12 Business Forms & Accta 01-4300-050-50 va 21 s 18.35 12 96 146.614 Totals 7emo Check Numuer 12 Temo Check Number i3 ' 13 carooest ' 131 . - oarts - 29'15 i i 26 Nov .397 Claims List Gage 3 'i Totals Temo Check. Number Wed 9:29 AM City of Mendota Heigots 17 City of W St Paul 01-4435-200-70 Teruo Check Number 13 Terno Check Number 17 —Totals ----- _ Teruo Check Number 18 — ___18-Cole-Sewell-4Teresa-Garlock-•--01-4.131=020-20 ' ` Teruo. -... _ ..Totals -Tetno•Check- Number ---- ---•---18•--.-._._—_---f ------.. Teruo Check. Number 19 19 Continental Safety Ee - - - Check Totals Terno Check Number 19 —Number -Vendor- Name--—Account-Code -—Comments---- —Rrnount--------- ' 13 Carouest 01-4330-445-40 Darts I 14.37 17f ------13--Garellest---- —01-4330-490=50 oar -.t s.- -- ----59-0 ---�1Ui{- 1 3 13 Carauest 01-4330-445-40 parts ( 19.17 ------ It 1 i Totals Terno Check N,Amber 13 1131 �tcr = Temo.-Check-Number 1.4 17 L: I1 s 14 City Motor- Supply 01-4330-490-70` parts �: 518.40 �n9, is 11+-Gi t -y -Mot or -Su o p l y @ 1 �4 330=45@-70 parts 1-L7, 88 ° '' 14 City Motor SuDoly 01-4330-440-20 parts 25.60 z1 ' !. I i3, '73--42 661_b 124i Totals Teruo Check Number 14 :;,^„ a'r`il;; .` ,:. „t,•+; ;,, ,. 61 27 —FernD-Check.-Number. 15 City of St Raul 16-4460-724-00 Svc conn hwy 110 frontage 1,337.25 i31 15-Gity-of St -Pau -1 � 4k60=B53=00, Svc -carie. pine_.=_eek. 2,190.5 .2 - I-�I 23i -- ,?:n .+•"y%;M i.. ;f v:f'•'• ' :•� L'. ,. •y;s ,A�', "1 t*. aii;!L.""w 'F�.i>•' Wit}. :�: .k .'.X,'•Y ;:.:.J'i '.: 5i 3•�,r t )'{'Y'°•:.'r.. Y.. t1•:�'.%,ek!:N.^.'.'iii '..j4'.+�,is�, ��.yii�eG,<,Y•' �'-------- - " , 31I » i f';;;• T t .._: r ' ,r•"'" + u.. e , ,r: ;i"=,:.`._ 527. 81 , , ; 'x•. 35 7' Tota1-sterno-Cheek-Nurnbe = .:r:..3 "'' "" '' `''^" ""r`'' 36 1_ 1 Terno Check Number 16 j3:311 c not 37' 16 City of So St Paul 01-4435-2a@-7@ recr„proof ”` .: 69.20 142 1 'i Totals Temo Check. Number 16 ---Terno-Check-N urn ber 37 17 City of W St Paul 01-4435-200-70 17 Terno Check Number 17 —Totals ----- _ Teruo Check Number 18 — ___18-Cole-Sewell-4Teresa-Garlock-•--01-4.131=020-20 18 -... _ ..Totals -Tetno•Check- Number ---- ---•---18•--.-._._—_---f ------.. Teruo Check. Number 19 19 Continental Safety Ee 15-4330-490-60 Totals Terno Check Number 19 recr proo 15.00 1 15.00 —•---- -_ --••-dec-Dr--ern -pail-tick--•--- 7'' �0 _ �= 72.30 =- -3 rors 376_84 376. 84 ua wo` .sr Claims List � . | � . naee 4 . ' Wed s:uy om City of Mendota Heights ' ' Tewo checx Number uw ! Check 21 -Z­-Number- Vend or, --N a rn e---- 94.03 s Tot a1­s­TeraD- Cheek -Number r. 20Crawford Door 01-4335-310-50 rprs | � 64.00 -20ord-Do / 20 Crawford Door 15-4335-310-60, rprs 64.00 20 Crawford Door 15-4335-310-60 disc 77 /--Totals ^~~'^~ |`^� remo Check Number um 22 James Danielson 05-4415-105-15 dec allow 120.00 Temo Check Number al 21 94.03 Tot a1­s­TeraD- Cheek -Number 21 Temp Check Number 22 125 77 22 James Danielson 05-4415-105-15 dec allow 120.00 125i 12 _00 321 Totals Temp Check Number 22 1341 mck--Gheck-Numbe 23 1361 2:3 Danner Landscaoina 01-4330-215-70 sod 79.88 13,, 223 Totals Temp Check Number 79.88 141 1 42 43( Terno Check Number 24 j�5: 35-51 24 35.51 CLI IS ^ Tem= Check Number zs uo First imoressions 01-4300-110-10 emol aoos 67.45 ^ - eo First Impressions 01-4300-0ew-e0 emol aops 67'45 �----e� -zmoressions --- 'aoos ---'- sr' 45 --'- e5 First Iraoressinns m1-+owm-mom-om emoz aoos 67'45 25 First 1mo~ess4nns 01-4300-070-70 emoz aoos 67'45 � ------''e5 ^' First-zmoress�ons em01-apos 67'45 ------ ''� " --- 150 / . . -_---- 40*'70 _-___zo*azs'�emn-o*ecu-u��ue°--'-_-_--eo''---- Temo oxecu wmnuer as 26 Firstar Trust CO 08-4226-000-00 . - - f _ 809.00 .. . | ea w Jsr � -- -----'----- Claims List . / ' � . nape o . Wed ':;I; d9 om oitx of Mendota xeisnts ` remo Check Number us ' remn, ' . Check / |, Number-.Vendor--Name—Account-Code _—Cornments ^ Totals ��o Check w�u� ea ? Temo Check Number 27 27 206.73 -Tot al-s­Ternp-Check-Number� ;1j; Temo Check Number 28 '9 V 28 Fuel Oil Svc 01-4305-050-50 solys 28.23 I i- ; 28 Fuel Oil Svc 01-4305-070-70 splys 28.23 26( 84 -Tot a1-s-Temo--CheGk-Nmrnber 84.69 27 1291 Temo Check Number 29 z5i 331 271 PS 53 _E4 231 Totals Term3 Check Number 29 io 7! Terap-Chec-k-Number 39 401 30 Grafix Shoope 01-4305-02@720 S plys 1411 43 30 47.60 Totals TetIlD Check Number 30 1_7 TEMD Check Number 31 i49I 31 165.00 Temo Check Number 32 ��------ ...... ae Heartland Electrical -- 15-4330-490_60 rors | *ua'sw ` . _----- ~ � n,�azs remn Check Number ae �� � Temo Check Number --'--'-ao '-'_- '-___'--''---'---------------_-'_''-_-__ _--_-____----'--- ' ' —''---' aa Jim *etc" Sales 01 -4330 -*90-70 � saz"s �. 325. 28 on �' ' � 325. 28 . Totals Temo Check Number aa 26 Nov ,997 Claims List Rage 6 Wed 9:29 AM City of Mendota Heights Temo Check Number 34 ---------- TemD. Check Number-Vendon-Na.me ---Account-Code --Comments 34 Inver Grove Ford 01-4330-460-30 oarts 233.97 -34--l-river-Grove-Ford- 011-4,330-460-30 parts -2280 -145.-98 68 379.95 -To t a -1-s-Te m o - Ch ec k- N urn b ei - Temo Check Number 35 35 Raul Kaiser 35 Plaul Kaiser 70 Totals Teruo Check Number 01-4268-150-30 nov Svc 01-4415-030-30 nov exp, 35 1'-, Temo Check Number 36 C; -36---Ke-1-1-er-Resi dent i -al -Inc -1-0-4460-000-00 hockey-r-ink-uograd 36 Festa-l-s-T-eriid-Check-Numbe 3F; 1,443.75 36.00 1,479.75 10,263,Ga 10,263.00 + TeMD Check Number 37 35 36! 37 Knox Comm Commercial Credit 01-4305-070-70 solys 83.88 :38 - 1c, 37 Knox Commercial Credit 15-4330-490-60 sDlys 27.39 lae SO-1-ys 36.-9' 37 Knox Commercial Credit 15-4305-060-60 SDIYS4 -,9.57 4. 37 Knox Commercial Credit 01-4330-490-70* -SO 1 YS -t o 59.31 43 185 217.08 Totals Temo Check Number 37 7 Temo Check Number 38 :51 5z 38 246.41 Temo Check Number 39 39 Krechs Business Systems 01-4330-460-30 rors 85.00 -- --- - 34 Totals Temo Check Number --Temo Check Number- - 40 'Kremer Soring & Align 01-4330-490-50 rors 1.154.11 40 1.154.11 Totals Teruo Check Number 40 26 N(_ 3137 Claims List Wed 9:29 AM City of Mendota Heights Temo Check Number 41 Temo. Check __.-Number- Vendor -Name_ _—Account -Cede Comments 41 L E L S 01-2075 dec dues Plage 7 jA. 396. [DO i 1 C 41 396.00 3, Totals Temo Check Number 41 1111 21 jzu, Temo Check Number 42 01-4 Z4_ -t t eLip CAL71 13 1 141 21; 44 30.00 115. 12: 42-Li-ricoln-Berief-it 4 -1 -al ---020=20 —CISE-L-4— 761 Ila. its.201 42 Lincoln Benefit 01-4131-110-10, dec cwe m 167.56 145! 25: Temo Check Number 45 , e3; --462- 73 45 Metro Council EnvironmentSvo 1*5-4A49-060-60 dec sv1 C, Totals Tema Check Number 42 45 Metro Council EnvironmentSvc 17-3575 1 dec svc C1.796.00cr i 90 �2a; j1 ersio_Check_Uumber 43 65.904.00 Totals Temo Check Number 45 155. ::0: 43 Lucent Technolonies 01-4210-020-2 4th Qtr 111.90 12 27I -43-Lucent-Teahrial-o 0-1-4 M.N, n 11 2 6, 28 22 43 Lucent Technolocies 01-4210-070-70 dec sve 11.26 :19.143 la+� solys- Lucent Technolocies 15-4210-060-60 dec Svc 11.27 f 29.E2 3:; ..-Totals Temo Check 172 145.69 as Psi Totals Temo Check Number 3 35 361 ;:8' :!91 Teruo Check Number 44 17 381 jzu, _44--M-C_F-CI-A 01-4 Z4_ -t t eLip CAL71 21; 44 30.00 42 43 12: -Total-s-Terno-Check-'Numbe 44 ss 145! 25: Temo Check Number 45 , e3; "7 1 45 Metro Council EnvironmentSvo 1*5-4A49-060-60 dec sv1 C, 68,700.00 i491 15C 45 Metro Council EnvironmentSvc 17-3575 1 dec svc C1.796.00cr i 90 65.904.00 Totals Temo Check Number 45 155. II Temo Check Number, 46 -46 •Mn- COG -Assn--- -4305-020-2C4----------_ solys- 46 f 29.E2 3:; ..-Totals Temo Check Teruo Check. Number 47 47 Minn Mutual Life Pris 01-2074 dec orem 194.15 47 M i r, n Mutual Life Ins 01-4131-110-10 dec orem 9.50 47 Minn Mutual Life ins .01-4131-020-20- dec orem 48.55 26 Nov ,J97 Claims List Wed 9:29 All City of Mendota Heiohts Page 8 Teruo Check Number 47 Tema. Check { ,a. _- N�_vnber-Vendor-Narne- ------Acco�_rnt-6od�—Gornments------------- Amount--- ----. 47 Minn Mutual Life Iris 01-4131-050-50 dec orern 3.80 47 � -� '�• ---- -Minn- rtutua_-b Fe-bns X11•--4"1-e1-0j101 70 -dec--prern — ---5_70 47 Minn Mutual Life Ins 01-4131-040-40 dec prem 16.15 47 Minn Mutual Life Ins 05-4131-105-15 dec prem 39.80 47 -Minn -Mut Assn —dec-orern '-r90 adj 326.20cr 3' 48-Minnesota-Benef-it-Assn a3 — 0-1� 4131•-0 r0^5�ir dec-orern _ 376 48 Minnesota 319.55 --- Totals--Teruo-Cheek-Number- ---4 dec orern 286.91 67.10 48 Minnesota - Temo Check Number 48 rs= Assn 01-4131-110-10 dec t 7 48 Minnesota Benefit Assn 01-2074 dec orern 268.88 48 Minnesota Benefit Assn 01-4131-020-20 nov adj 326.20cr 3' 48-Minnesota-Benef-it-Assn a3 — 0-1� 4131•-0 r0^5�ir dec-orern +;o; 48 Minnesota Benefit Assn 01-4131-070-70 dec orern 286.91 67.10 48 Minnesota Benefit Assn 01-4131-110-10 dec prem „ 3 . 24 - 48-Mi-nnesc-ta-Bee nf-i-t-Assn —@S -4l rl f05-1` dec-orern 152.-24 Teruo Check Number 51 48 Minnesota Benefit Assn 15-4131-060-60 dec orern 58.33 Totals Teruo Check Number 48 ' '-�Prno-�be.�l�Nrrrnber �.� •' i . 49 Minn Women's Press 01-4240-110-10 ernol ad 94.50 ra! j°'i 49 94.50 la: c Totals Temo Check Number 49 .I,;; ,3 �. ` .i _ Teruo Check Number 50 S; ==-50-Neenah-Foundry oart-s— A —1P) a3 I_`Ji 50 { 67.10 zo - '-----Totals Terno-Check--Number-----------50_—_—.- ' Teruo Check Number 51 -- 51 Northdale Const Co -- _ �16-4460-824-00 - oyrnt 4 frantaoe rd 10,008.90 51 Northdale Const Co 27-44.60-853-00 oyrnt 4 pine creek 4,710.06 e t. 102 14.718.96 Totals Teruo Check. Number 51 Terra Check Number 5" -- - 52 Northern -- •-- __...--•�---• - •-•-�----- 01-4 0b-@bk7-50-.�__._ _-.--.__. .-. ..- -.. solus------� _.._....----------- _._.. •-- •- ---54.28 --- - - - ------ 52 Northern 01-4330-490-70 156 Totals Tema Check Number 52 solys 14.89 solvs { 117_13 186. 30 26 Nov 1997 ___._------_----._--•-- --'Claims List 55 _.. _ Page 9 56— Wed 9:29 AM City of Mendota Heights 56 " Totals Terno Check. Teruo Check Number 53 56 Terno Check Number I _ 57. Pioneer Rim & .Wheel. _ __ Temo. 57 Totals Temn.Check .Number ________57 .... . Check 58 k --Number -Vend or- Name ------- Acccunt-Cc de Comment s---- -•- --- Amount- -------••-- "_-: 53 Northern State Power 01-4212-315-30 dec svc 508.01 7' _ --390_5;-------------- 3 53 Northern State Power 01-4212-310-70 dec svc 390.55 ,c• 53 Northern State Power 15-4212-310-60 dec svc 390.56 i11 -S 53-Northernt-ate-Power "1-�4:�1C�320 70 dec-avc 145.-•40— 13; 53 Northern State Power 15-4212-400-60 dec svc 16.55 I;;°. t 53 Northern State Pourer 0B-4212-000-00 dec svc 638.15 j15 ' 53 -Nor -then -n -State -Power ��1=4'2 L1=3L5=s0 dec-svc —429.-5J- I116' ,�, 53 Northern State Power 01-4211-310-50 dec svc X02. 15 2 I , sr 53 Northern State Power 01-4211-310-70 dec svc 202.15 Ito' 19` 53-Nart-heYn-St•ate-Pcrwer 1.5-424-1--s10-6r, dec-svc 202�_l4 ' 53 Northern State Power 28-4211-000-00 dec svc 623.59 Izz! , x:71 --- -------_=3: 13! 636 : 1 ^9--3` X21` = Totals Teruo Check Number 53 f 27, Terna-Check.-Nurnber 54 �20i 30 •!-', 54 Northern State Power 01-4211-300-50 dec svc 442.29 31, "' �4-Nor-Cher-n-Stat a -Rower 0,L-421 ] -4.20 0 derrsvc ' SL. 4 3'1 ''"i 54 Northern State Power @8-4211-@@@-00' . h dec svc" 1. 193.41 3a ` (? 54 Northern State Power 01-4211-320-7@ dec"svc 151. B4 �35C �._ ..---...�_._._ ra r._.._._ .r._ i. �..—Rrara—ca .�,.-... �....: r,Gq fA0 761 270 Tc t; a4.sTerna-Cheek-N '31. • E I__ Temp Check Number �~ 55 Oxvuen Service Co 01-4305-030-30 i" Totals Terno Check Number 55 --- erno-Check-Nurnber 56— _ 56 P & H Whse 01-4330-490-50 56 " Totals Terno Check. Number 56 Terno Check Number 57 _ 57. Pioneer Rim & .Wheel. _ __ 57 Totals Temn.Check .Number ________57 .... . Terno Check Number 58 58 Public Safety Eo 58 01-433w-440-20 1 2,674.12 oxy j 13.50 jl 13-5@ i Darts 320. 0vt ---- ----------!-------- 320. 00 _- 58.21 58.21 rors } 195.00 .. _ _.195. QQ----• -• - -- - 5, 26 Nov 1997 Claims List .Jed 9:29 a?"^". Citv or Mendota Heignts Teroo Check 58 SE. 93 Teroo. Check • Number Vendor Name Account Cade Totals Teroo Check Number 58 Teroo Check Num Der 59 nov SVc 59 Reach Ec 01-4330-490-50 59 nov SVC` Totals Temo Check. Number 59 Teroo Check. Number 60 nov SVc 60 Brad Racara Inc 01-4330-490-70 60 Brad Raean Inc 01-4.330-490-70 120 Totals Terno Check Number 60 Teroo Check Number 61 - 61 Seven Corners Ace Hdwe - - 15-4330-490-60- 61 Seven,Corners Ace Hdwe. 01-4330-490-50 61 Seven Corners Ace Hdwe 01-4330-490-50 183 Totals Temp Check. Number 61 Teroo Check Numoer 62 62 L E Shauuhnessv - --- •- 01-4220-132-10— 1-4220-132-10_.-62 F, 2L E Shaughnessy 05-4220-132-15 62 L E Sliat-tonrlessy 15-4220-132-60 62 L E Shamcnnessy 29-4'.=20-132-00 62 L E Shauchnessv 21-4220-132-00 62 L E Shaa_rehnes=-v 03-4220-132-00 62 L E Shauchraessv 16-4220-132-00 434 Totals Teroo Check Number 62 Teroo Chec!,. Numoer 63 63 Shielev Ca 01-4421-0:50-50 63 Shieiev Co 01-4421-050-50 126 - Ma's Temo C`reck Number 63 Tenho Ch'uc'.,. -lUR per' Zt4 Comments v a i i Dart s tires 501 rors I Face 1,111 Arnnt-rnt 404_91 404. 91 346.17 24.78 370.95 solys -11.88 solvs I SE. 93 solys 111 83 • I _ -. _. _. _ _ .. _ _ . .-_.. 180.64 nov Svc - 1.784.05 nov SVc 163.8Q1 nCN sVC 254.96.7 nov SVC` 86.50 nov SVc 200.05 nov SVc 221.65 nov SVC 2.665.30 5. 406. 25 saf t salt disc 64 So St Pau- Bee -.roc- rors { 64 Totals Tem -n Ciecu Number 64 t ; 829.73 5. 21cr 824. b2 _82. 1 282. 1 26 nic„: _ x'97 Claims List %'ane Wed 9:.29 1-M f i v of ^rernd„ta Heiohts Teruo Cneck Nurnoe- 64 Terno. Chec4 Number Vendor Name ACCO !nt Code Cornrnent s { Amount Tenni Check Number 65 65 Southview Chev 01-4330-490-70 =_trot balance 0.84 -65 Sor_rthview Chev 01-4330-490-70 oasts 503 10.88 65 Southview Chev 01-433W-490-70 oarts 501 6.17 65 Southvieai Chev LAI -4330-4' parts 13.81 260 31.70 Totals Temo Check Number 65 Temo Check. Number E6 E6 Star Tribune 01-4490-020-20 _ _ _ ernol ac ool cn - - _ 552.55 66 552.55 _.. Totals Terno- Check. Number- ;..._ .. --• E.--- 6E-- Terno Check. Nurnber 67 Temo, ,•. 67 State Mutual Iris 01-2074 dec drern 143.11 - 143.11 Totals Temo Check. Number E7 -Terno Check. Nurnoer-._._.._..- -- E8 - -- ----...---- - - ---------- 68 Total Construction 01-4211-300-50 re st liohts 1,001.04 68 i.001.04 Totals Terno Check. NIumber 68 Terno Check Nurnoer 69 69 Tr•ansoorr.atir_,r: Cornecrnents 01-4330-490-70 oasts 77.17 69 77.17 Totals Temo Check. .umber E'3 Terno Check. hlurrinc-r 70 I 70 _ S C S,r---es 01--330-490-70 solvs 8LI.54 7:2) S C Store=_ 01-.330-450-;:D solvs 79. e6 70 T S C Stores .7i-4305•-050-50 solus 23.94 16E.34 Temo Check.. ?-Dumber ikl "rem- C-.ec'4 71 U C S.est CC,rn:.", llnL 03 :riri5 O I-l!.'_1e-110-_ It, deC SVC' 23 Nr-', -:357 Claims List Wed 9:29 AM C1't`/ of Merldcta HEiant: T P_rG:7 Ch43c!4. Nl unber 71 Temc. Check N umber Vend -i luarne ACCGItnt Code 71 U S West Cor-,imuni cat i ors 01-42iO-020-20 71 U S bless Communications 101-4210-040-40 71 U S West Cornmunl cat ions 05-4210-105-15 71 U S West COMMUniCat iOnS 15-4210-060-60 71 U S best COMMUnicat ions 01-4210-030-30 71 U S blest Co rim Lt nl Ca t l G rlS 01-4210-050-50 71 U S blest Co rilm un i c a t i ons 01-4210-070-70 568 Totals Terno Check Number 71 Teruo Check Number 72 72 Universal Life 01-2074- --- 72 Universal Life 01-4131-040-40 72 Universal Lire 01-4131-Ob0-50 72 Univers-al Life 01-4131-070-70 72 Universal Life 15-4131-060-610 72 Universal Life 0b-4.131-1Ob-15 432 Totals Teruo Check Number 72 Terns Chceck. Number 73 73 United Way St Paul 01-20170 73 Totals Teruo Check All-unber - 73 - Teruo Check Number 74 74 World Ir:smrance 101-4131-010-70 74 Totals Teruo Che=ck Number 74 Tema Check. til-unber 75 75 Zee h1edical Svc 08-4335-000-1410 75 .r_ta_s Verna =-.ecr Nummer 75 Temo Ciec',. N+;m')e-r 76 76 Z:ieola -- I:•,c 01-433vt-490-5o -7G ]i.i3a Tomo C e=- 4 n-'um.ner i6 ' Comment s Cec Svc dec Svc 1 dec Svc' dec Svc' dec Svc dec Svc, cec Svc dec orern dec orein dec orein dec orein dec orein dec orem dec contr dec orein salvs rors Face .4m _ unt 562. 6'a, 70. 42 210. 1i 437.38 142.28 38.50 90.73 1. 936. 47 30.27 158.20 25. Oki 467. 10 442.914 1-6.93 1, 360. 40 65.00 33. 96 33.98 72. 77 7:=. , 7 i i, �. C.aims _is' Face II Weds 9: 29rA'+' C3.tv of Mondo-ta HEie-.ts 7ramm 17>eck 11:1.unmer 7E Terno. Check Numner Vendor Marne Account Code Cornrnents Amount 7225 129. 798. ;=:!4) Grand Total MANUAL CHECKS: 166§8 219.00 Rich Burrows exp reimb 16689 345.45 Comml Asphalt wear mix ` - 16690 • •---210.00 -Len-Kanitz exp •reimb 16691 34.98 Tim Oster exp reimb 16692 2,237.73 Rozs' Auto Body CEO truck - 16693'--•5;604:20 •State'Capitol C U _ 11/21 payroll 16694 9,169.85 PERA " 17.28 _ _16695 --- 16696— — 320.00 Great West L & A 16697 793.40 ICMA RT t 16698 1,038.00 Minn Mutual " -- '------`-16699-----•-220.00—MSRS--�-- --- " , 16700 416.40 Dakota County " 16701 .325.00 Dako a Bank ' 16702- 46,351.83 Payr 11•a%c-�- • _ _ __ •-. __, - " 16703 100.00 Dakota County Env Mgmt dump permit fee 677394.12 -- - - ---- •- - G.T. ----197,192.32 •- •------•-• - — - i N. CITY OF MENDOTA HEIGHTS MEMO November 25, 1997 TO: Mayor, City Council and City Administrato FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Truth in Taxation Hearing (12/2/97) DISCUSSION At our September Council meeting, the Council approved a Preliminary Budget and Tax Levy for 1998. The County has sent preliminary tax statements to each resident based on the preliminary levies. by the County, City and School. We are required by law to conduct a public hearing on the proposed levy and budget. This hearing has been advertised for 7:30 p.m. on December 2, 1997. We have also scheduled a subsequent hearing for 7:30 p.m. on December 16, 1997. The attached sheets show the budget and levy as approved in September. The increases in individual taxes worked out to be in line with those considered at the time of adoption in September. I will be prepared to provide a presentation to the public regarding all aspects of the 1997 Budget and Levy. ACTION REQUIRED Discuss the proposed Budget and Levy and adjourn the meeting to 7:30 p.m. on December 16, 1997 at which time the Budget and Levy Resolution can be adopted. 4*5199 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97 - RESOLUTION APPROVING FINAL 1997 TAX LEVY COLLECTIBLE IN 1997 AND ADOPTING PROPOSED BUDGET FOR 1998 WHEREAS, the City has previously adopted a Tentative Tax Levy Resolution No. 96-68 which was subject to revision at the time of the public hearing; and WHEREAS, the City has conducted a public hearing on December 2, 1997 and a subsequent hearing on December 16, 1997, on the tentative budget and tax levy. NOW THEREFORE BE /T RESOLVED that the City Council adopt the following levy for tax against all taxable property in the City of Mendota Heights for collection in the year 1997. General Fund $2,525,080 Emergency Prep. $ 1,000 Fire Relief $ 26,000 Infra Structure $ 45,000 Legal & Contingency $ 60.000 Levy Subject to Limitation $2,657,080 Less HACA and LPA Aid $ 381.672 $2,275,408 Special Debt Levies Park Bonds $ 320,000 MWCC Debt $ 30,000 Improvement Bonds $ 72,400 Equipment Cert. $ 106.000 Total Special Levy $ 528,400 Less HACA Aid $ 90,229 $ 438.171 Net Certified Levy $2,713,579 BE /T FURTHER RESOLVED that the Budget as proposed is deemed to be practical and reasonable to maintain the City operations and is hereby approved. The Clerk is hereby instructed to transmit a certified copy of this Resolution to the Dakota County Treasurer -Auditor. Adopted by the City Council of the City of Mendota Heights this 16th day of December, 1997. 29 ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor City Council Administration Elections Police Fire Code Enforcement Road & Bridge Parks Planning Recycling Animal Control GENERAL FUND - ANTICIPATED EXPENSE 1997 Budget 1998 Proposed $23,900.00 $23,590.00 $536,000.00 $548,730.00 $40,430.00 $40,610.00 $1,346,640.00 $1,373,100.00 $231,080.00 $239,020.00 $136,110.00 . $141,430.00 $448,270.00 $477,710.00 $395,950.00 $394,310.00 $69,390.00 $69,560.00 $15,900.00 $16,310.00 $7,600.00 $7,600.00 Totals $3,251,270.00 $3,331,970.00 L 0 2.3 0.4 1.9 3.5 3.9 6.6 0.4 0.2 2.5 0 2.4 W G� ��WWA-VA 1997 Budget 1998 Proposed % General Fund $2,450,801.00 $2,525,080.00 3.7 Legal & Contingency $60,000.00 $60,000.00 0 Emergency Preparedness $1,000.00 - $1,000.00 0 h • Fire Relief $24000.00 S $26,000.00 8.3 - -- - Infrastructure -Reserve $40,000:00 $45,000:00---12.5 - - --. MWCC Debt $30,000.00 $30,000.00 0 Equipment Certificates $106,000.00 $106,000.00 0 Park Bonds $320,000.00 $320,000.00 0 Improvement Bonds $62,400.00 $72.400.00 16 Gross Levy $3,084.201.00 $3.185.480.00 3_4 Less HACA Aid ($457.407.00) ($471,901.00) Net Levy $2,636,794.00 $2,713,579.00 2.9 <, GENERAL FUND - ANTICIPATED REVENUES 1997 Budget 1998 Proposed Tax Levy $2,435,081.00 $2,525,080.00 Licenses & Permits $156,070.00 $157,880.00 Fines $38,000.00 $43,800.00 Charges for Services $319,389.00 $332,910.00 Fund Transfers $22,000.00 $20,000.00 Intergovernmental $179,130.00 $152,500.00 Miscellaneous $90,300.00 $88,800.00 Waste Management $11,300.00 $11,000.00 $3,251,270.00 $3,331,970.00 TAX CAPACITY Rates Total * 1998 (Est) County 27.3 City 19.7 104.5 School 51.7 Other 5.4 1997 County 26.7 City 18.9 105.4 School 53.1 Other 4.7 1996 County 26.63 City 19.58 111.25 School 59.94 Other 5.11 1995 County 27.99 City 20.48 116.84 School 63.66 Other 4.7 * 1994 County 27.47 City 20.97 109.83 School 64.63 Other 4.96 City Percent * Years in which Tax Capacity Rates were adjusted on higher value homes. 18.8% 17.9% 17.6% 17.5% 19.1% ENTERPRISE FUNDS Engineering 10.1 Gross Revenues 1997 1998 Expenditures Personal Services $327,990.00 $343,860.00 Contract Services $69,650.00 $68,200.00 Commodities $10,750.00 $13,750.00 Other Charges $7,000.00 $5,450.00 Capital Outlay $14,000.00 $3,500.00 Total Expenditures 429,390 434,760 Sewer Utility Gross Revenues Expenditures Personal Services 98,850 100,960 Contract Services 68,950 65,550 Commodities 26,100 26,000 Other Charges 830,840 830,840 Capital Outlay 1.000 3.500 Total Expenditures 1,025,740 1,026,850 Storm Water Utility Gross• Revenues Expenditures Personal Service 7,710 7,750 Contract Service 23,240 23,240 Commodities 89,570 90,220 Other Charges 1,700 1,700 Capital Outlay 0 0 Total Expenditues 122,220 122,910 452,280 1,152,500 CITY OF MENDOTA HEIGHTS MEMO November 25, 1997 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr., Treasurer .s SUBJECT: Outstanding Budget Issues the time -of -our Budget Workshop, Council -identified or -were advised of several issues which were included for expenditure within the Budget. These included the following: 1. CSO or Part Time Helms In Police Chief Delmont's 1998 Budget, an item of $12,000 was included to cover additional part-time help. Before Chief Delmont left, he prepared the attached job description for the additional help. The financing for the position is included in the budget as a salary contingency. If Council wishes to adopt this position, the Budget can stand as prepared. 2. Fire Chief Salary : In the preparation of the 1997 and 1998 Budgets, an item was included to pay the Chief and Assistant Chief a salary for answering fire calls. The amount provided each year was $2,000. In 1997 the total hours for the two positions for calls through October was 109.5 hours for Chief Maczko and 87 hours for Assistant Chief Kilburg. The current rate for Captains is $9.00 per hour and we propose a $10.00 per hour for Assistant Fire Chief and $11.00 per hour for Fire Chief. These funds are included in the 1997 Budget, however, never formally adopted by the Council. The same would apply to the 1998 Budget. Council should approve the payments for 1997 and continue the policy in 1998 if they agree with the additional payment. 3. Information on billing calculations for police and fire service: A copy of the formulas was provided to Council. The billings are slightly different with the police formula based on current population and two years worth of calls for service, while the fire is based on total property values and number of calls the previous year. Included in each billing is all department expense including capital outlay. ACTION REQUIRED These items should be considered and staff should be directed as to how to proceed. LES:kkb 120 POSITION DESCRIPTION: Community Service Officer (CSO) 120.01 Accountability The CSO is responsible to the supervisor of the shift to which he/she is assigned. 120.02 Primary Objective of Position To perform routine duties that do not require the attention of a sworn peace officer. 120.03 Duties and Responsibilities A. To insure that Department vehicles are properly equipped and in good operating condition. 1. To insure that all squad cars are serviced at proper intervals. 2. To deliver any squad car that needs repair to the appropriate ________facility. To perform minor repairs when applicable. 3. To periodically check the squad equipment and replace as necessary. 4. To periodically clean squads as time permits. B. To handle requests for delivery or errands. C. Assist with administrative duties at the direction of supervisor. 1. Prepare and enter data into department, State and Federal computers systems. 2. Sort and file written reports, ICR cards and other material as instructed. 3. Prepare, copy, collate and distribute material as needed. 4. Complete minor reports such as vandalism, vacation checks, etc., as needed. 5. To handle incoming phone calls as needed. D. To perform other activities which do not require the attention of a sworn officer. 1. Perform and log vacation and security checks. 2. Assist with traffic control as requested by officers. 3. To perform authorized vehicle unlocks when on duty. Chapter 120 4. Perform initial animal control calls or assist the animal control officer when requested. 5. To immediately report any observed suspicious or criminal activity to the dispatcher. No action is to be taken by the CSO unless specifically directed to do so. E. The CSO will perform any other duty as assigned by a supervisor. 120.04 Minimum Qualifications A. Must be 18 years of age. B. Possession of a valid Minnesota drivers license. C. Able to perform all duties under various working and weather conditions. 120.05 Desirable Qualifications A. Current law enforcement student in a POST approved course of study. B. Law enforcement or law enforcement related experience. C. Previous experience in an area of public contact. Chapter 120 CITY OF MENDOTA HEIGHTS November 25, 1997 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: $380,000 Equipment Certificates of 1997 •'4 _ Our November -4th -Council meeting_ called for bids -for -the Equipment ' Certificates to be received on December 2nd. Bids will be tabulated and ready for the Council at tonight's meeting. ACTION REQUIRED If an acceptable bid is received, Council should adopt Resolution No. 97-_ LES:kkb EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: December 2, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall in said City on Tuesday; the 2nd day of December, 1997, at 7:30 P.M., for the purpose, in part, of considering bids for, and awarding the sale of, $380,000 General Obligation Equipment Certificates of 1997 of the City. The following members were present: and the following were absent: The City Clerk presented affidavits showing publication of notice of call for bids on $380,000 General Obligation Equipment Certificates of 1997 of the City, for which bids were to be received at this meeting, in accordance with the resolution adopted by the City Council on November 4, 1997. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of the Certificates. The following bids were received: Bidder Interest Rate Net Interest Cost 369735.1 The Council then proceeded to consider and discuss the bids, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON THE SALE OF $380,000 GENERAL.OBLIGATION EQUIPMENT CERTIFICATES OF 1997, PROVIDING FOR THEIR ISSUANCE, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $380,000 General Obligation Equipment Certificates of 1997 of the City (the "Certificates"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of various capital equipment for the City; and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates does not exceed 0.250 of the market value of the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of (the "Purchaser"), to purchase the Certificates of the City (or individually, a "Certificate"), in accordance with the Official Terms of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Certificates are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 2. Title• Original Issue Date; Denominations; Maturities. The Certificates shall be titled "General Obligation Equipment Certificates of 199711, shall be dated December 1, 1997, as the date of original issue and shall be issued forthwith on or after such date as fully registered certificates. The Certificates shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Certificates shall mature, without option of prepayment, on December 1 in the years and amounts as follows: 369735.1 2 Year Amount Year Amount 1999 $80,000 2000-2002 $100,000 All dates are inclusive. 3. Purpose. The Certificates shall provide funds to finance the acquisition of a fire truck and other capital equipment for the City (the "Equipment"). The total cost of the acquisition of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June 1, 1998, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1999 0 2001 0 2000 2002 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their maturity. 6. Registrar. , in I , is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12 of this resolution. 7. Form of Certificate. The Certificates, together with the Registrars Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 369735.1 3 8. Execution; Temoorary Certificates. The Cert- ificates shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary __certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the'Mayor and-Cl'erk:TVSuch - -�-" temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is December 1, 1997. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration 369735.1 10 of transfers of Certificates entitled to be registered or transferred as herein provided. I Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange.is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to 369735.1 11 close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Pavment: Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person _who is the Holder thereof at the close of business on a date ---(the T"Special Record Date") fixed by the Registrar whenever money�^ becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registra-r to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Cert- ificates when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates of 1997 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest 369735.1 12 thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued interest received thereon, less any amount paid for the Certificates in excess of $376,200, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before 1, 199_). From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. -(ii) Debt -,Service -Account. There are hereby irrevocably - appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Certificates; (b) all funds paid for the Certificates in excess of $376,200; (c) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before 1, 199_) ; . (d) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (e) all funds remaining in the Capital Account after the payment of all costs of acquiring the Equipment; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser of five percent 369735.1 13 (51) of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield, restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a __. direct .-annual ad -valorem -tax-which -shall be--spread-upon- the tax -- -- - rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (51) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or 369735.1 14 before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Certificates have been entered in the County Auditor's Register, and that the tax levy required by law has been made. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 369735.1 15 21. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure") . The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration, relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 200 of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or So of the proceeds of the Certificates. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax-exempt) and that expectation was reasonable. 369735.1 16 (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. i (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use'of bond proceeds k to reimburse the Reimbursement Expenditure and, if,made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 22. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the. proceeds of the Certificates or the Equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax -Exempt Status of the Certificates; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess investment earnings to the United States if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. 369735.1 17 For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Certificates are issued by a governmental unit with general taxing powers, (2) no Certificate is a private activity bond, (3) ninety-five percent (951) or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 24. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations : -- - - -- -- - (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity.bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1997 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1997 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 369735.1 18 25. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 26. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by Member and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 369735.1 19 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, -duly called and held on the date therein indicated, insofar as such minutes relate to considering bids for, and awarding the sale of, $380,000 General Obligation Equipment Certificates of 1997 of said City. WITNESS my hand this 2nd day of December, 1997. Clerk 369735.1 20 CITY OF MENDOTA HEIGHTS MEMO November 25, 1997 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: $1,900,000 Improvement Bonds of 1997 01 Our November 4th Council meeting called for bids for the 19.97 Improvement Bonds to be received on December 2nd. Bids will be tabulated and ready for the Council at tonight's meeting. ACTION REQUIRED If an acceptable bid is received, Council should adopt Resolution No. 97-_ LES:kkb EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: December 2, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 2nd day of December, 1997, at 7:30 P.M., for the purpose, in part, of opening, considering bids for, and awarding the sale of, $1,900,000 General Obligation Refunding and Improvement Bonds of 1997 of the City. The following members were present: and the following were absent: The City Clerk presented affidavits showing publication of.: notice of call for bids on $1,900,000 General Obligation Refunding and Improvement Bonds of 1997 of the City, for which bids were to be received at this meeting, in accordance with the resolution adopted by the City Council on November 4, 1997. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of the Bonds. The following bids were received: Bidder Interest Rate Net Interest Cost 369628.1 The Council then proceeded to consider and discuss the bids, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON THE SALE OF $1,900,000 GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF 1997, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mendota Heights, Minnesota (the "City"), has heretofore issued $2,400,000 General Obligation Improvement Bonds of 1986, dated August 1, 1986 (the "Prior Bonds"); and B. WHEREAS, the Prior Bonds are subject to redemption and prepayment at the option of the City on August 1, 1996, and on any interest payment date thereafter, at a price of par plus accrued interest as provided in the resolution of the City Council, dated August 5, 1986 authorizing the issuance of the Prior Bonds (the "Prior Resolution") and - - - C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call for redemption and prepayment on February 1, 1998, all of the Prior Bonds which mature thereafter, in order to reduce debt service costs to the City; and D. WHEREAS, the City Council has previously authorized the construction of various improvements (the "Improvements") and has determined it is necessary and desirable to issue general obligation improvement bonds to finance the same; and E. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $1,900,000 General Obligation Refunding and Improvement Bonds of 1997 (the "Bonds") of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of the Improvements and to refund the outstanding Prior Bonds (the "Refunding"); and F. WHEREAS, the Improvements and the Refunding are hereinafter collectively referred to as the "Project"; and 369628.1 2 G. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of (the "Purchaser"), to purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 2. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Refunding and Improvement Bonds of 199711, shall be dated December 1, 1997, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on August 1 in the years and amounts as follows: Year Amount Year Amount 1998 $165,000 2005-2012 $80,000 1999-2002 180,000 2013 55,000 2003-2004 160,000 All dates are inclusive. 3. Refunding Portion of the Bonds. $675,000 of the Bonds are being issued to refund the Prior Bonds and to pay a pro rata share of the issuance expenses of the Bonds (the "Refunding Portion") The following principal amounts set forth in paragraph 2 hereof maturing in the years set forth below are allocated to the Refunding Portion of the Bonds: Year Amount 1998 $135,000 1999-2004 90,000 All dates are inclusive. 369628.1 3 The average maturity of the Refunding Portion of the Bonds is years. 4. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of.debt service cost to the City. 5. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1998, calculated on the basis of a 360 -day year of twelve 30 -day months, at_the --- - respective rates -per annum set forth opposite the maturity years as follows: Maturity Year 1998 1999 2000 2001 2002 2003 2004 2005 Interest Rate 0 Maturity Year 2006 2007 2008 2009 2010 2011 2012 2013 Interest Rate 0 6. Redemption. All Bonds maturing in the years 2006 to 2013, both inclusive, shall be subject to redemption and prepayment at the option of the City on August 1, 2005, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of 369628.1 4 redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. --The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned, to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only In part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Registrar. , in registrar and transfer agent Registrar"), and shall do so Registrar is duly appointed, City and Bond Registrar shall herewith. The Bond Registrar unless and until a successor Principal and interest on the registered holders (or record set forth in the form of Bond resolution. is appointed to act as bond with respect to the Bonds (the "Bond unless and until a successor Bond all pursuant to any contract the execute which is consistent shall also serve as paying agent paying agent is duly appointed. Bonds shall be paid to the holders) of the Bonds in the manner and paragraph 13 of this 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 369628.1 5 9. Execution; Temporary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, -- ------ upon -the --printing of -the definitive -bonds and- the -execution --- thereof, be exchanged therefor and cancelled. 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is December 1, 1997. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 11. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 369628.1 13 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum - sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 369628.1 14 12. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date . • - --- --- - -- -- - --- ----- 14. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 15. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. Fund and Accounts. (a) $ of the proceeds of the Bonds shall be deposited in the Debt Service Account of the General Obligation Improvement Bonds of 1986 Fund heretofore created for the Prior Bonds, which amount, together with all other funds held therein is sufficient to pay the principal and accrued interest due on the outstanding Prior Bonds on February 1, 1998. - (b) There is hereby created a special fund to be designated the "General Obligation Refunding and Improvement Bonds -of 1997 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and 369628.1 15 apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, less any amount paid for the Bonds in excess of $1,881,000, less capitalized interest in the amount of $ credited to the Debt Service Account, and less any sums deposited in the Debt Service Account for the Prior Bonds pursuant to subparagraph (a) above, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 17, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as, otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of .the costs thereof; (b) capitalized interest in the amount of $ ; (c) all collections of special assessments levied for the improvements financed by the Prior Bonds which are not needed to 369628.1 16 pay the Prior Bonds as a result of the Refunding; (d) all accrued interest received upon delivery of the Bonds; (e) all funds paid for the Bonds in excess of $1,881,000; (f) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (g) any collections of all taxes heretofore levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Refunding; (h) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (i) all investment earnings on funds held in the Debt Service Account; and (j) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or " to -replace -funds-which-were used directly or- indirectly--to----_..- acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (50) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 17. Assessments. It is hereby determined that no less than twenty percent (200-.) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. 369628.1 17 The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such,property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than % per annum: Improvement Collection Designation Amount Lew Years Years (i) Improvement No. 93, Project No. 1 Improvement No. 93, Project No. 4 Improvement No. 96, Project No. 4 TOTAL $ At the time the assessments are in fact levied the City Council shall, based on the then current estimated collections of the assessments, make any adjustments in any ad'valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. The special assessments for the Prior Bonds have heretofore been levied, and the installments that remain payable 369628.1 18 are payable in equal, consecutive, annual installments including both principal and interest, with interest at the respective rates per annum shown below: Improvement Collection Designation Amount Levy Years Years Rate (i) 82-7 $ 1997-2005 1998-2006 10.000 (ii) 84-4 1997-2004 1998-2005 10.00 (iii) 85-4 1997-2005 1998-2006 10.00 (iv) 86-2 1997-2005 1998-2006 10.00 (v) 86-6 1997-2005 1998-2006 10.00 TOTAL: $ 18. Tax Lew; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and -- --- ----- —interest -on the -Bonds -there is -hereby -levied upon all of --the - — - taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (50) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Bonds, the taxes levied in paragraph 17 of the Prior Resolution authorizing the issuance of 369628.1 19 the Prior Bonds, in the years 1998 through 2002 for collection in 1999 through 2003 shall be cancelled. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse 369628.1 20 itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the, aggregate do not exceed 200 of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 50-. of the proceeds of the Bonds. Notwithstanding the foregoing, ___ __with respect ._to -any Declaration_ made by the City--- between ity___between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax-exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. 369628.1 2 1 Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 20 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. Continuincr Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking.. C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 21 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 369628.1 22 22. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 23. Notice of Call for Redemption. The Clerk is hereby authorized and directed to give notice of redemption to First Trust National Association (formerly, First Trust Company, Inc.), in St. Paul, Minnesota, the paying agent for the Prior Bonds. Said notice shall be in substantially the form attached hereto as Exhibit A. 24. Prior Bonds: Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security - - - -----thereof-shall be--observed-by the City and all of its-officers--and---- agents. ts-officers--and-- _agents. 25. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, that the tax levy for the Prior Bonds has been cancelled, and that the tax levy required by law for the Bonds has been made. 26. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 27. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them 369628.1 23 to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 28. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the x federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (950) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. Furthermore: (i) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (ii) the aggregate face amount of the Bonds does not exceed $5,000,000; (iii) the Prior Bonds were issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,,000,000 or less of bonds; and 369628.1 24 (iv) the average maturity of the Refunding Portion of the Bonds does not exceed the average maturity of the Prior Bonds; and (v) no part of the Refunding Portion of the Bonds has a maturity date which is later than the date which is thirty (30) years after the date the Prior Bonds were issued. 29. Designation of Oualified Tax -Exempt Obligations; Issuance Limit for Current Refunding Portion. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; - - -- ( c ) -the-City-hereby designates the -Bonds -as -- - - - "qualified tax-exempt obligations" for purposes of Section 265 (b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1997 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1997 have been designated for purposes of Section 265(b)(3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $10,000,000; and (g) the Refunding Portion of the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Refunding Portion of the Bonds does not exceed the outstanding amount of the Prior Bonds. 369628.1 25 The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 30. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member •and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 369628.1 26 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering bids for, and awarding the sale of, $1,900,000 General Obligation Refunding and Improvement Bonds of 1997 of said City. WITNESS my hand this 2nd day of December, 1997. Clerk 369628.1 27 f EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1986 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Mendota Heights, Dakota County, Minnesota, there have been called for redemption and prepayment on February 1, 1998 those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1986, dated August 1, 1986, having stated maturity dates in the years 1998 through 2004, and totalling $675,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1, 1998, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at First Trust National Association (formerly, First Trust Company, Inc.), 180 East Fifth Street, 3rd Floor -Bond Drop Window, or if by mail, to P.O. Box 64111, in St. Paul, Minnesota 55164-0111, on or before February 1, 1998. Dated: December 2, 1997. BY ORDER OF THE CITY COUNCIL /s/ Kathleen Swanson Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31% will be withheld if tax identification is not properly certified. Additional information may be obtained from: THE SHAUGHNESSY COMPANY 596 Endicott on Robert Building P.O. Box 1470 St. Paul, Minnesota 55101 Telephone No.: (612) 227-6691 369628.1 A-1 Bids Recived $380,000 Equipment Certificates Dec. 2, 1997 Account Rates Discount $ Cost % Rate Cronin Co. 3.80% 1999 Minneapolis, Mn. 4 2000/01 $ 3,093.00 4.10 2002 $57,673 4.2406 Norwest Securities 3.90 1999 2,470.00 58,110 Minneapolis, Mn. 4 2000 4.2727% U.S. Bancorp 4.10 2001 4.20 2002 Miller Johnson 3.90 1999 2,622.00 Minneapplis Mn. 4.05 2000 58,862 4.15 2001 4.3280% 4.25 2002 Cherokee State Bank 5 1999/2002 -0- 68,000 5.00% St. Paul, Mn. BIDS RECEIVED $1,900,000 Refunding Improvement Bonds December 2. 1997 ACCOUNT RATES DISCOUNT Miller Johnson 3.715 1998 Minneapolis, Mn. 3.90. '1.999 139205.00 4.05 2000 4.15 2001 4.25 2002 4.30 2003 4.40 2004 4:45 2005 4.50 2006 41!55 ' 2007 4.60 2008 4.70 2009 4.80 2010 4.85 2011 - - --- - - - 4.95 - 2012 - - 5 .. - 2013 Cronin & Co. 3.:80% 61998 Minneapolis, Mn. 4.10" `1999 $179568.60 Smith Barney 4.00 2000/01 4.15 2002"' 4.25 2003 4.35 2004 4:40 2005 4.50 2006/07 4.60 2008 • 4.70 2009 4.80 2010 5 2011/13 5 Term 5 - ` Norwest Securities. Minneapolis. Mn. 139300.00 U.S:Bancorp $ COST 577,110 $580,005.27 581,696.67 % RATE 4.6647% 4.6881% 4.7018% Piper Jaffray & Hopwood 15,691.40 Minneapolis, Mn: 585,658.07 4.7338% 9 OFFICIAL STATEMENT November 4, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA New Issues Dated: December 1, 1997 Maturing: December 1, as below - Equipment Certificates August 1, as below - Refunding and Improvement Bonds The Bonds and Equipment Certiicates of this Issue will be "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code. The Bonds and Equipment Certificates are subject to ap- proval as to certain matters by Briggs and Morgan, Professional Association, of St. Paul, Minnesota as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or ver- ify, any of the financial or statistical statements, or data contained in this Official Statement and will express no opinion with respect thereto. Legal opinions for each issue are in substantially the form set out in this Official Statement. The Bonds are issued pursuant to Minnesota Statutes 429 and 475 and the Certificates are issued under Statutes 412.301 and 475 and are payable from an unlimited ad valorem tax levied against all taxable property within the City of Mendota Heights. In addition, the city will pledge special assessments against bene- fitted property for payment of the Improvement Bonds. - - - - $380,000 - - - - - - -$1,900 000 General Obligation Equipment Certificates General Obligation Refunding & Improvement Bonds December 1 Amount August 1 Amoun August 1 Amount 1999 $ 80,000 1998 8165,000 2006 $80,000 2000 100,000 1999 180,000 2007 80,000 2001 100,000 2000 180,000 2008 80,000 2002 100,000 2001 180,000 2009 80,000 2002 180,000 2010 80,000 2003 160,000 2011 80,000 2004 160,000 2012 80,000 2005 80,000 2013 55,000 Redemption - None Interest: June 1, 1998 and semi-annually thereafter Mimimum Bid: $376,200 Good Faith $ 3,800 August 1, 2005 @ Par Auaust 1, 1998 and semi-annually thereafter $1,881,000 $ 19.000 Selling Tuesday, December 2, 1997 at the Mendota Heights City Hall at 7.30 P.M. Bids may be delivered to the offices of the Shaughnessy Company, 596 Endicott on Robert Building, St. Paul, Minnesota, prior to 4:30 P M. on December 2, 1997 for delivery to the City Bids may also be sent to Kathleen Swanson at 1101 Victoria Curve, St. Paul, Minnesota 55118 Prepared by: The Shaughnessy Company 596 Endicott on Robert Building 350 N. Robert Street St. Paul, Minnesota 55101 227-6691 Rating: An application has been made to Moody's Investors Service, Inc., for a rating on this issue. The City's current Bond rating is AA2. OFFICIAL TERMS OF BOND SALE 51,900,000 GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA TIME AND PLACE: Sealed bids will be opened and considered for award on Tuesday, De- cember 2, 1997, at 7:30 P.M., Central Time, by the City Council at its meeting in the Mendota Heights City Hall. TYPE OF BONDS: Fully registered general obligation bonds, $5,000 or larger denomina- tions at the option of the bidder. DATE OF ORIGINAL ISSUE OF December 1, 1997. BONDS: PURPOSE: To provide funds to redeem on February 1, 1998, all of the outstanding General Obligation Improvement Bonds of 1986, dated August 1, 1986 of the City, and to provide funds to finance the construction of various improvements within the City. INTEREST PAYMENTS: August 1; 1998, and semiannually thereafter on February 1 and August 1. MATURITIES: August 1 in each of the years and amounts as follows: Year Amount 1998 $165,000 1999-2002 180,000 2003-2004 160,000 2005-2012 80,000 2013 55,000 All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing on or after August 1, 2006 shall be subject to prior payment, on August 1, 2005 and any - interest payment date thereafter, at a price of par and accrued inter- est. Redemption may be in whole or in par of the bonds, subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first and if only part of the bonds having a common maturity date are called for pre- payment the specific bonds to be prepaid shall be chosen by lot by the Registrar. BOND REGISTRAR: The successful bidder will name the Registrar and paying agent which shall be subject to applicable SEC regulations and to the ap- proval of the issuer. Principal will be payable at the main corporate office of the Registrar and interest will be payable by check, or draft of the Registrar mailed to the registered holder of the bond at his ad- dress as it appears on the books of the Registrar. The Issuer will pay reasonable and customary charges for the services of the Reg- istrar. CUSIP NUMBERS: If the bonds quality for assignment of CUSIP numbers such num- bers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall consti- tute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the as- slanment of CUSIP identification numbers shall be paid by the Pur- chaser. DELIVERY: Forty days after award subject to approving legal opinion of Bricas and Ivicrcan, Professional As-sociation, of St. Paul and Minneapolis. Minnesota. Bond printing and legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States with- out cost to the Purchaser Legal opinion wiil be printed on the bonds at the request of the successful bidder TYPE OF BID: Sealed bids of not less than 51,881,000 and accrued Interest on the principal sum of 51,900.000 from date of original issue of the bonds to date of de!ivery must be flied with the undersigned prior to the time of Saie. Bids must be unc-onditional exc-.rt as to le-.allty A Cer i- fied cr Cashiers check, in the amount of 519,000, payable to the or- der of tiie Treasurer cf the Issuer must accompany each bid, to be forfeitcC as liquidated damaces if bidder falls to comply with aC- c_=oted bid. Bids for the bongs should be addressed to: Kathleen M. Swanson City Clerk City Hall 1101 Victoria Curve Mendota Heiahts, Minnesota 55118 RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1% No limitation is placed upon -the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturi- ties. INFORMATION FROM The successful purchaser will be required to provide, in a timely PURCHASER: manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Intemal Revenue Code of 1986, as amended. CONTINUING DISCLOSURE The Issuer will covenant in the resolution awardina the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. QUALIFIED TAX The Issuer will designate the bonds as qualified tax exempt obliga- EXEMPT OBLIGATIONS: tions for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any pre- mium from the total interest on all bonds from their date at their stated maturity. The Issuer reserves the right to reject any and all bids, to waive informalities and to adl0um the sale. Dated November d, 1997 BY ORDER OF THE CITY COUNCIL /s/ Kathleen M Swanson Cit/ Clerk Additicnal Information may be obtained frog n: THE SHAUGHNESSY COMPANY 596 Endicott on Robert Buildino 350 N Robert Street St. Paul., Minnesota 55101 Telephone No. (612) 227-6691 OFFICIAL TERtiIS OF SALE S380,000 GENERAL OBLIGATION EQUIP.NIENT CERTIFICATES OF 1997 CITY OF NIENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these certificates will be offered for sale according to the following terms: TIME AND PLACE: Sealed bids will be opened and considered for 2w2rd on Tuesday, December 2, 1997, at 7:30 P.M., Central Time, by the City Council at its meeting in the Mendota Heights City Hall. TYPE OF CERTIFICATES: Fully registered general obligation ce!tificates, S-5,000 or larger de- nominations at the cption of the bidder. DATE OF ORIGINAL ISSUE OF December 1, 1997. _ CERTIFICATES: PURPOSE: To provide funds to finance the acquisition of v21 J;ous capital equip- ment for the city. INTEREST PAYMENTS: June 1, 1998, and semiannually thereafter on June 1 and December 1. MATURITIES: December 1 in each of the years and amounts as follows: Year 1999 2000-2002 Amount S 80.000 100.000 All dates are inc;usive Bids icr the certificates me / Contain a mai?:rliY—nedule orcvidino fcr any Combinaiicn or Serial 2.-,c ter` certificates. sutiect to mandatory redemption, so Iona as the amcunt of principal matur- ing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above NO REDEMPTION: All certificates shall be without option of prior payment. REGISTRAR: The successful bidder will name the Registrar ar,d paying aeent which shall be subject to applicable SEC regulaticns and to the ap- proval of the issuer. Principal will be payable at the main corporate office of the Registrar and interest will be payable by Check or draft of the Registrar mailed to the registered holder of the certificate at his address as it appears on the books of the Registrar. The Issuer will pay reasonable and customary charges for the services of the Registrar. CUSIP NUMBERS: If the certificates quality for assignment of CUSIP numbers such numbers will be printed on the certificates, but neither the failure to print such numbers on any certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the Pur- chaser thereof to accept delivery of and pay for the certificates in ac- cordance with terms of the purchase contract. i ne CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of SL Paul and Minneapolis, Minnesota. Bond printing and legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States with- out cost to the Purchaser. Legal opinion will be printed on the certifi- cates at the request of the successful bidder. TYPE OF BID: Sealed 'bids of not less than 5376,200 and accrued interest on the principal sum of S380,000 from date of original issue of the certifi- cates to date of delivery must be flied with the undersigned prior to the time of sale. Bids must be unconditional except -as to Iegalit`/. A certified of cashiers Check in the amount cf 33.8-00, payable to the order of the Treasurer of the Issuer must accomCany each bid, to be forfeited as liquidated damages if bidder faiis to comply with ac - L cepted bid. Bids .or the cerililC'ate5 ShCUId *Ce aCCfeSSed t0. Kathleen M. Swanson City Clerk City Hail 1101 Vic:cda Curve Nlendcta He!chts Minnescta 18 RATES: All rates must be in intearal multiples of 1/20th cr 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All certificates of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to certificates of any preced- ing maturities. INFORMATION FROM The successful purchaser will be required to provide, in a timely PURCHASER: manner, certain information relating to the initial offering price of the certificates necessary to compute the yield on the certificates pursu- ant to the provisions of the Internal Revenue Code of 1986, as amended. CONTINUING DISCLOSURE The Issuer will covenant in the resolution awarding the sale of the certificates and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain ma- terial events, as required by SEC Rule 15c2-12. - - - - QUALIFIED -TAX— The-Issuer_will designate the certificates as qualified tax exempt obli- EXEMPT OBLIGATIONS: nations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. AWARD: Award wiil be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any pre- mium from the total interest on all certificates from their date to their stated maturity. The Issuer reserves the right to reject any and ail bids, to waive informalities and to adioum the sale. Dated November 4, 1997 BY ORDER OF THE CITY COUNCIL Ic/ Kathleen N1 Swanson City Gerk Additional information may be obtained ,-roan: THE SHIA UGHNESSY COMPANY 596 Endicott on Robert Building 350 N. Robert Street St. Paul. Minnesota 55101 Telephone No (612) 227-6691 CITY OFFICIALS Mayor Charles Mertensotto Councilmembers John Huber Christine Koch Sandra Krebsbach Jill Smith Administrator Kevin Batchelder Clerk Kathleen Swanson Treasurer L.E. Shaughnessy, Jr, (612) 452-1850 Public Works Director James E. Danielson City Attorney Thomas Hart Winthrop & Weinstein St. Paul, Minnesota City Facsimile Number (612) 452-8940 This official statement will be amended by the City no more than seven business days following award of the issue to comply with Rule 1502-12. The City designates the managing underwriter of the syndicate to which the issue is awarded as its agent for distributing copies of the Amended Official Statement to each participating underwriter. This Prospectus has been prepared by The Shaughnessy Company on behalf of the City. Information contained herein has been taken from the official books and records of the City and to our best knowledge no material facts relating to the financial or economic conditions of the City have been omitted. The material is prepared for use by prospective bidders on the Bond issues herein offered. There is no legal action pending regarding the City officials or their rights to issue the bonds herein offered for sale. Additional information may be obtained from Mr. Shaughnessy or Mr. Kevin Batchelder, City Administrator. As a practice, the city files annual financial reports and updates to ivIocdy's Investor Service. In the future, similar reports will be filed with the ether NRMSIR acencies. Any bond holder can receive this information on request. Bids received by the Shaughnessy Company at their offlice at 350 South Robert Street, Suite 5ce prior to 4:330 P.M. on Decembr 2, 1997 will to delivered to the City Clerk pricrto the council meeting. :e ca Please reser to the attached Supplemental Legal Opinion of Messrs. Ericas and Morgan P.A., St. Paul, Minnesota regarding the erects ects of current federal legislation on the Tax Exemption features of this issue. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA 5330,000 511900.000 GENERAL OBLIGATION INIPROVE MENT GENERAL OBLIGATION REFUNDING EQUIPMENT CERTIFICATES OF 1997 INIPROVENIE`IT BONDS OF 1997 LEGALITY TO BE APPROVED BY MESSRS. BRIGGS AND LIORGAN. PROFESSIONAL ASSOCIATION, ST. PAUL, MINNESOTA. FINANCIAL ST.ATE,NIE`iT 1993 1994 1995 1996 1997 Prel. Assessors Market Value S 652,436,800 S701,054,500 $762,023,000 5805,234,800 $847,326,900 Tax Capacity 13,005,517 13,354,800 14,228,563 15,708,286 ' Prior to deduction of Fiscal Disparity adjustment. 'The 1997 State Legislature made revisions in the Tax Capacity rates for property. Capacity rates have been adjusted downward for 1998. ----- - - Actual Estimated Mirkit Val --- 1990 - - _- - - --- -- 5391, 732,390 1996 Assessors Market Value divided by 1996 Sales Ratio for the City of 90.30,'0. BONDED DEBT (December 1, 1997) Improvement Bonds of 1978 Series B Improvement Bonds of 1986 Improvement Bonds of 1987 Improvement Bonds of 1988 Improvement Bonds of 1989 Improvement Bonds of 1991 Improvement Bonds of 1992 Improvement Bonds of 1995 Improvement Bonds of 1993 Improvement Bonds of 1997 (this issue) Total Imorovernent Bcnds Improvement Sinking Funds Net Improvement Debt G.O. Revenue Boncs G.O Park Bonds. Certificates cf Indectedness (including ;ibis is`ue) Eonded Debt Limit 15.000 0 (Refunded herein) 700,000 1,000,000 1,035,000 775,000 680,000 685,000 1,980.000 1, 900, 000 7,435,000 3.765,148 3.669, 852 1,195, 000 2.905,000 500.000 State Statutes, Chapter 475, provides that the City shall not inc::r net de*t in -excess gf 2% of the marke[ p value of taxable property. Market Value Taxat:ie Precer-y S805 234,800 Debt Limit 5 16 104,e -c6 Applicable Debt (inciucina this issue) S 3 =06,000 CASH BALANCES December 31, 1996 General Fund Debt Service Fund Storm Seaver Utility Fund Utility Reserve Fund Special Park Fund Tax Increment Fund Infrastructure & Facilities Reserve Engineering Fund OVERLAPPING DEBT Municioality 1994 Net Tax Capacity ° In Qity Dakota County 5 249,713,536 5.2% School District 197 44,915,892 29.2% 1,559,075 3,946,118 518,664 306,580 435,224 1,950,239 922,556 142,494 Net Debt 7/1/95 City Sharg� 83,425,000 4,338,100 42,634,996 12,449,418 'The Metropolitan Council reports G.O. Debt of 5384,835,000. The debt includes Bonds payable from sewer system revenues. The City constitutes .5% of the tax capacity of the Metropolitan Council. POPULATION The City was incorporated in 1956. The figures below show the trend of population in the City since the date of incorporation: 1956 4,227 1960 5,028 1980 7,423 1990 9,451 1997 10,856 FUTURE FINANCING Dakota County None. School District 197 None. School District 917 None. City of Mendota Heights None in the next 12 months. TAX RATES Tax Capacry °o Tax Capacity of �° Tax Cacacity °'° Tax Capacity 1 °C3/9d 1994/9s 1995/96 1996/97 Dakota County 2747 27.99 26.63 25.72 City Men Heights 2098 2048 19 58 1898 School Dist 197 63.35 6 3.4 5 5-c 93 58.15 School Dist 917 1.28 .21 0 0 Metro Agencies a,96 A.70 5.11 4.74 Total Mill Rate 11804 lie 83 111 25 107.59 City Debt Service Included in Levy 2.98 328 324 3.19 T h e Legislature has made revisions in the Tax Capa&/ rates which a;e -'S • tc ccricute regi es- iaie taxes. T i ie revisions reduce the Tax Caoaac:ty of all real prcce.^y, With res;demia: re,l;cac ce- NVeen 5 and 711/0 and commercial and industrial property reduced between 12 a: is i c'..c. I ne e:,eC: of these chances Will result in hither Tax Caoacitj rates for munic;Caiities mono WIG � a sihif !n tax burden from ccmmerc:al and industrial prooeriies to residential. To of. -set the excec:a_-,ICr:er tax on r es;den- tiai proCem/, the Legislature 2t7Croved a 20°6 Tax Credit on resicential taxes. The fcilcWing table sats forth a comparison of the existing and new tax caeac:ry rates. ass ci_es ur,dcr C."n-enc . Cir. _.. =w L.- _.C. 1�—_• Ac-.: "urea :a;.c -.2cie ==rde C'.ss <:S— T.C2 iI_ . .. > _G aces <j'_.CC y — 10 -:CC-..:CC •=.C_._CJ i — i nese C�e< are 'e=!aCac - - v -' - - Ic,.:axes 1 C.v-• 2 >= =- -=CC _ =ff2_~•.e :ar=:e - c _ _•_ >_-_.'JCG - _ art 3 -uiCr-S __=nc _ _=:e =-=�2ae Crass Rzte TAX LE',IES AND COLLECTIONS C."n-enc 0.-= — Ac-.: "urea :a;.c <:S— T.C2 iI_ > _G aces 10 -:CC-..:CC •=.C_._CJ i — i nese C�e< are 'e=!aCac - - v -' - - Ic,.:axes 1 C.v-• 2 >= =- -=CC _ =ff2_~•.e :ar=:e - c _ _•_ --.v =-= • q.-, _ - _ :ass - _ TAX LE',IES AND COLLECTIONS Acius:e . -cr ;�.CA ,`.idroue:ions .:;d C."n-enc Acius:e . -cr ;�.CA ,`.idroue:ions .:;d PURPOSE AND AUTHORITY Equipment The proceeds of this issue will be used to fund major equipment purchases of $374,500 Certificates fire equipment. The Certificates are payable from an unlimited tax. The Certificates are being issued pursuant to Minnesota Statutes 412.301 and 475. G.O. Refund The bonds are being issued pursuant to Minnesota Statutes 429 and 475. Improvements Imp. Bonds have been ordered by the City Council following public hearings or 100% petitions from the affected property owners. The construction portion of the issue will provide funds to finance the construction of various improvements in the City. The improvements include the following projects: Curley Addition Street Improvements Tilsen Street Improvements Pine Creek Water and Sewer The proceeds of the refunding portion of this issue will provide funds to redeem on February 1, 1998, all of the outstanding General Obligation Improvement Bonds of 1985, dated February 1, 1985. The composition of this issue is as follows: _ Project Cost $1,164,000 Capitalized Interest 28,000 Issue Discount 19,000 Cost of Issuance 19.000 Total Project Cost $1,230,000 Refunding Issue Payment 675,000 Interest Earnings 5,000 Total Bond Issue 1,900,000 SECURITY AiYD FINANCING In addition to its General Obligation pledge, the city pledges special assessments for the payment of the bonds. OTHER FEDERAL TAX CONSEQUENCES Although Bond Counsel will render an opinion that interest on the Bonds is excluded from gross income for federal income tax purpose, the accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipi- ent's particular tax status or other items of income or deduction. Purchasers of the Bonds, particularly pur- chasers that are corporations including S corporations and foreign corporations operating branches in the United States and corporations subject to the environmental tax imposed by Section 59A of the Code, prop- erty or casualty insurance companies, banks, thrifts or other financial institutions, and certain recipients of So- cial Security or Railroad Retirement benefits, are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. Bond Counsel expresses no opinion regarding any such consequences. Future Debt Payments G.O. Revenue G.O. Park Improvement Equipment Bonds(11 Bonds(2) Bonds(!) __ Certificates(4) Total 1998 40,000 135,000 1,110,000 90,000- 1,375,000 1999 80,000 145,000 1,095,000 110,000 1,430,000 2000 85,000 160,000 870,000 100,000 1,215,000 2001 90,000 165,000 760,000 100,000 1,115,000 2002 95,000 180,000 755,000 100,000 1,130,000 2003 100,000 200,000 665,000 965,000 2004 105,000 215,000 600,000 920,.000 2005 110,000 -225,000 425,000 760,000 2006 110,000 240,000 350,000 700,000 2007 120,000 265,000 230,000 615,000 2008 125,000 270,000 190,000 585,000 2009 135,000 295,000 180,000 610,000 2010 310,000 175,000 485,000 2011 100,000 145,000 245,000- 45,0002012 2012 130,000 130,000 2013 55,000 55,000 Payable from: (1) System Revenues and G.O. Tax. (2) General Tax Levy (3) Primarily Special Assessments. (4) General Tax Levy KPMG'Peat MarwickLLP 4200 Norwest Center 90 South Seventh Street Minneapolis. N1N 55402 Independent Auditors' Report Honorable Mayor and Members of the City Council City of Mendota Heights, Minnesota: We have audited the general-purpose financial statements of the City of Mendota Heights, Minnesota (the City), as of and for the year ended December 31, 1996, as listed in the accompanying table of contents. These general-purpose financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in- accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of the City as of December 31, 1996, and the results of its operations and cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The combining and individual fund financial statements listed in the accompanying table of contents are presented for purposes of additional analysis and are not a required part of the general-purpose financial statements of the City. Such information has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly stated in all material respectsinrelation to the general- purpose financial statements taken as a whole. The data designated as Schedule 1-1. in the accompanying table of contents is presented for purposes of additional analvsis and is not a required part of the basic financial statements. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements and. accordingly. we express no opinion on it. May 6. 1997 htomcar Frr.. :� KP .G 1mwra w. a, Cl Il• (11' 611iNII *I A II13GIITS, I%IINNGS(1TA Combined 1141mice Sbccl--All Fund Typcs and Accnunl Groups Decnnbel 11 1496 INlill coulpatau%c (lilals (ter I)cccinlicl 11. 19451 C overnmentul fund Types Special Dcbl Cupnal Assets and Olhcr Debus General Revenue Service Prolccts Cash and Investments (note 2) Reslricicd cash and cash equivalents Unite 21 Investments held by durd•pany udnuntsuaturs (note 5) Taxes receivable (not: 3) Special essessnlclus recnveblc Accounts receivable Interest reeclvablc Due from other lunds (note 9) Due from other governments Inventory Prepaid expenses Fixed ussets, nct (suite 4) Amount available in debt service funds Amount to he provided fur Icurcmem —o(�cncr.J longi icno dcbl------- 1.559.075 1.377,484 3,946,118 1.991,644 0 0 0 0 0 0 0 0 62.384 784 11,971 0 0 0 3;250.012 355,437 63.10) 2,129 0 0 9.933 6,2(0 20.896 4,492 1.058948 0 0 0 31.420 0 257,673 0 11.336 0 0 0 73.551 0 0 0 0 0 0 0 0 0 0 0 1 ural usscls and ulhel debits S 2.86'1747 1,386.597 7.486.670 2,351,573 Liabihucs Proprielary Fund Tvlscs Internal Enlerp(ise Service Fiduciary Fund TvPe Agency Accuunl Crnuns 11C11Cr al--•--60IL•f al Fixed Lung-Icnu Assess Debt 1 olab rinculolauthun only) ----'•—Y-------•— 1996 1995 661.158 49,225 0 0 0 9.5847W 9.918.004 306,580 ( 0 0 0 0 306.580 259,975 0 0 171.922 0 0 171.922 156,752 759 0 0 0 0 75,898 99.232 68,473 - 0 0 0 0 3.673,922 3.358.029 268,805 (1 0 0 0 334.034 329.505 4,005 1 91 0 0 0 45.617 34,578 0 0 0 0 0 1.058 948 433.300 403,376 0 0 0 0 692.469 685.942 01 0 0 0 0 11.336 9,152 0, 0 0 0 0 73.551 87,740 11,317,088 1,138,891 0 8,183.776 0 20.639.755 20,787.143 0: i 0 0 0 4,074,968 4,074 X968 4,384,737 0 0 0 0 7.300.032 7,3(0.032 8.445.263 13,030,244 1.188,207 171.922 8.183,776 11.375.(xx) 48.443,7.16 48.989.552 I sue tit oticl lamb tumc v) 0 0 66,423 706,226 286,299' 0 0 0 0 1.058.948 433,100 Account, pa)ablc 54.229 213 0 35.585 5,361 2,498 0 0 0 97,886 87,025 Employee benefits payable lnole 5) 0 0 0 0 0 0 171,922 0 0 171,922 156,752 Retainage payable 0 0 0 49,587 0' 0 0 0 0 49.587 44,055 Accrued habilnies 266.809 0 0 0 52,150' 0 0 0 0 318,959 321,138 I)cvelopers e$uov.• dcpusns 101.919 0 0 12.022 0 0 0 0 0 115.941 77,391 I'lefcned re%•cnuc 34,563 5 3,345,279 355,437 68,553 0 0 0 0 3.803,817 3.663.214 Lone-tcnu dcbi Inuits 6 and 71 0 (1 0 0 710.0(x) 915.(xx) 0 0 11.375 600 13,000 i (X)_I4.5rWJ.O(X) ---- y rural ffunJ nay (dcficrti--------- — —---7oial llahihucs— 459.530 ?Ig 3.411J02 1.156'7 —i.T?2:3 3-9 7.498 171,922 OII 175.(XX)-�f 17 ,8)( 19.37 b1 Fund ('c unv 0!`an and (hhetfIC%111S In•estmmnl tit genial fixed assets 0 0 0 0 Coninbuled capuA Inure 81 (1 0 0 0 Retained Caluillgf Itleticul (little I I) 0 IO.CX14.917 11040,020 403,376 I1e$el%•C11 w ullsel Itilliie vcal> sewn ebal gcs (l 0 0 0 Rcsen•ed lot $cues utility 0 (1 0 (1 Llnleselvnl 0 0 0 0 I:ultd bal:mlces (hole I I ). 0 0 562.517 525176 Rescrved fol luvelllllly 11,136 0 0 (1 Reserved lot plcpald cxpcnc$ 73.551 0 0 0 Ullresel%•ctl. (1 73,551 87.740 ` I 0 Dc Slgnimcd ful 0 0 0 20 WO Cuplel purchase 2004 0 0 0 1�(p111p1111C111 pitllclla$e 30.(XX) 0 0 0 1'.lutJill Neill lcpLitnnnit IIXI.(xxl 0 0 0 14ull.111g capnal 14(X).(Xx) 0 0 0 Pall. acquisllloll bull IIIII1 m-cloclll$ 0 439.208 (1 0 Debt service 0 0 4,140,407 0 C'onsuueuun plulects 0 0 0 1.988.648 Undeslcuatcd 775.140 947.171 (65.4.19) (795.9321 ---- y rural ffunJ nay (dcficrti--------- --- 1.167422 0 0 --- -- - --and who eledlis -- - -----T — — 2,410.227 11186.179 4.074.968 1_192.716 'I otal Ilablbues, fund cguuy (dehcu 1. and othcl ucdus S 2.869.747 1.186.597 7.486.670 2.351,573 0 0 0 8,183,776 0 8,181,776 8.140.513 10,579,370 325,577 0 0 0 IO.CX14.917 11040,020 403,376 0 0 0 0 401176 420,121 307,730 0 0 0 0 307,710 2(!),771 617,405 (54,868) 0 0 0 562.517 525176 0 0 0 0 0 11 116 9 152 0 0 - 0 0 (1 73,551 87.740 ` I 0 0 0 0 0 20 WO 0 0 0 0 0 0 30 (00 0 0 0 0 0 0 I(x)(XXI 2SYX) 0 0 0 0 0 1 4(x) NX) 1400.(Kx) 0 0 0 0 (1 439.208 461.231 0 0 (1 0 6 4,140407 4.384,717 0 0 0 0 0 1,988.648 1.167422 0 0 0 0 0 661.140 1.694.786 11.907,881 270.709 0 8.183.776 0 29426 656 29.616.671- -- + ----- — 13.030.244 1,188207 171922 8,183.776 11.175.(xxl 48.011.716 48989,552 I 1 CIT) OF NIENDOT-k HEIGHTS. NIUNNESOTA Combined Stztement of Revenues. Expcnditures. and Changes in Fund 3alancrs- Ml Governmental Fund Types Ye:r ended December 3 i. 1996 (with comparative totals for the year ended Decr:nber 31. 19951 Excess (deficiency) 2.! 19.'01 1.553.503 4.331.737 1.167,42'_ Totals 9.491.375 or- revenues Governmental Fund Tvees 0 (memorandum only) 199.349 737,359 Special Dept C:Dttal 2_'9.153 i, l.' ') 168.429 General Revenue Service ?701CC:s 1996 1995 Revenues: Opt:aung awsIers in 23.779 0 1=w.3=5 Ad valorem taxes S 2.076.41:2 41.222 -171.176 1.742?'_6 4.333.046 3.750.901 Special assessments 0 0 602.195 531.611 1.13.4.136 300.197 L Lenses. peti24its. and fees 2=6.611 0 0 0 246.611 199.172 Intergovernmental 616.96-1 .1.60.4 70.727 0 692.355 919.391 Charges for services 339.683 159.363 0 0 439.051 4150.035 Fines. forfeits, and penalties =3.326 0 2.472 0 51.298 42,396 Interest on investments 137,701 71.817 286.266 50,72[ 546,505 511.375 Other 12.533 5.250 0 11 17.799 30,121 Total revenues 3.=68.750 '_32.316 1,435.136 _ 37-,599 7.560.301 6.75.4.038 Expenditures: Current: General government 78;.130 53.158 0 0 837.288 789,939 Public safety 1,1132.338 0 0 0 1,432.333 1.412.774 P,tblic works 350.350 0 0 0 850-350 882,335 Caoital oudav 34.335 0 0 2.2 06. 17 0 2.290.505 3,5442x56 Debt service: Principal 0 0 1.455,000 0 1.455.000 1,232,740 Inter st and fiscal charges 0 0 751.600 0 751.600 784.671 Total expenditures 3?U1.703 53.153 2?06.600 ? 206,170 7.667.631 3.646.765 Excess (deficiency) 2.! 19.'01 1.553.503 4.331.737 1.167,42'_ 9.230.068 9.491.375 or- revenues 0 0 538.010 199.349 737,359 0 over expenditures 267.047 2_'9.153 i, l.' ') 168.429 (106.830) (1.39-2.677) Other financing sources (uses): Opt:aung awsIers in 23.779 0 1=w.3=5 0 167,624 1.131,753 Operating sansfersout 0 (206.315) 0 (23,779) (2_=0,124) (1,169,370) Proceeds firom general obligation bona's 0 0 0 0 0 2.170.000 Total other rinancm.g sources '2.779 (206.310 113.315 (2:.779) (62.500) 2.131.833 Excess (deficienc;r) of revenues and other financing sources over expenditures and other financing uses =90.3=6 22,313 (627.619) 1-.630 (169.330) 239.211 Fund balances at beginning of year 2.! 19.'01 1.553.503 4.331.737 1.167,42'_ 9.230.068 9.491.375 Residual equity transfers in 0 0 538.010 199.349 737,359 0 Residual couirytransfersout 0 (194912) (230.160) Ee!3."051 (133.307) (500513) Fund balances at end of Year 5 410..7 (.386.3-79 4.074963 1 92.716 9.061290 9230.068 See accompanying notes to general-purpose nnancisi statements. N Exhibit C CITY OF NIENDOTA HEIGHTS. NII\:N*ESOTA Combined Statement of Revenues. Expenditures. and Changes in Fund Balance— Budget and actual—General Fund Year ended December 31. 1996 Variance Acteal favorable Budget mote 13) (unfavorable) Revenues: Ad valorem taxes S 2.079,664 2.057,865 (21,309) Licenses, permits, and fees 152.320 245,430 92,610 Intergovernmental 5413.636 545,652 2,016 Charges for services 331.930 339,688 (2,242) Fines, forfeits, and penalties 32.200 "8.326 16,626 Interest 30.000 I25.47 7 45,477 Other 10.300 9.201 (1,099) Total revenues _ _- 3.230.550 3.;62.129 131,579 - - --Expenditures: General Government: Administration 586,530 505,907 80,623 Code enforcement 1.:3.060 135,187 (2,127) Planning 67,360–..9.262 18,098 Recycling 16.070 8,709 7,361 Tota] Qeneral government 803.020 699.065 103,955 Public safety: Police 1,260,450 1.267,128 (6,678) Fire 206,630 210,117 (3,487) Animal control 7.600 5.643 1.957 Total public safetv 1.4"74.680 1.432.388 (3,208) Public works 794.6519 8=5.267 (.43.617) Cavital outlav 115.200 34..335 30,865 Total expenditures 3.19_ 550 . I I '..555 77.995 Excess of revenues over expenditures -8.000 2-17.574 209,574 Other flinancing sources: Oyeraang transfers in 21000 23.779 1.779 Excess of revenues and other Financing sources over expenditures S 610M 0M "_" 1.:53 S 211.3-53, Fund balance at be'ginning of Year `.86 .933 Fund balance at end of Year 'Z See accompanying notes to Qenerakpumose Financial statements. Exhibit D CITY OF NIENDOTA HEIGHTS, 'MINNESOTA Combined Statement of Revenues. Expenses. and Changes in Retained Earnings ---:ill Proprietary Fund Tvpes Year ended December 31. 1996 (with comparative totals for year ended December 31. 1991 Totals Internal (memorandum only) Enterprise Service 1996 1995 Operating revenues: Charges far services S 1.645,774 181-900 1.827.674 1.729.006 Operating expenses: (243,046) 61,12.5 (181,921) .(221,89-7) ACES sewer charges 1,056,703 0 1,056,703 968,277 Personal services 413,117 20,506 432,623 463,376 Supplies 36.084 0 36,089 42,846 Other services and charges 243.691 49,638 293,329 275,953 Deo_ reciadon expense 140.220 50,631 190,851 200,451 Total ooeratine expenses 1,888.820 120,775 2,009,595 1,950.903 Operadng income (loss) (243,046) 61,12.5 (181,921) .(221,89-7) Nonoperating revenues (expenses): Property taxes 25,781 0 25,781 25,671 Special assessments 18,411 0 18,411 24,529 Fines, forfeits, and penalties 1,295 0 1,295 43 Intergovernmental revenue 4,435 0 4,485 4,821 Other 43.657 0 42,657 41,849 Interest income 56,692 1,072 57,764 49,683 Interestexoense (45.065) (49.855) (94.920) (71.807) Total nonocerating revenues (expenses) I04,?56 (48.783) 55,473 74,789 Income (loss) before operating transfers (I38.790) 12.342 (126,448) (147.108) Operating transfers: Operating transfers in 7.500 55.000 62,500 55,000 Operating transfers out 0 0 0 (16.888) Net ooerating transfers 7.500 55.000 62.500 33.112 Net income (loss) (1:1.290) 67,342 (63.948) (108.996) Credit arising from transfer of depreciation to contributed caaital 1214,-'02 10.671 135.073 1=5.013 Vet increase (decrease) in retained :amings (6.383) 78.013 71 , 1 -q 36.077 Retained earnings (deficit) at beginning of ;,e r 1.333.951 (132.83 1 1.206.070 6)9.-175 Residual equity transfer in 0 0 0 500.5 i 8 Residual equity transfer out t= =-'-') 0 (..552) 0 Retained earnings (deficit) at end of year S 1.32-S.511 (5-.563"1 1.27_.643 1.206.070 See accompanying notes to general-purpose nanciai statements. Based on revenues and expenditures through September, it appears that the General Fund will show a sur- plus -of approximately $75,000/S100,000 for -the year_1997.____.__.___. GENERAL hNFORINIATION The City of Mendota Heights, incorporated in 1950, is located adjacent to the City of St. Paul on the south and west. At the time of incorporation, through comprehensive planning studies, the City established restric- tions for building in areas where no utility service was available. As utilities have been extended, several ex- ceptional residential areas have developed. Large lot sizes, natural rollina land and large open spaces have retained an open appearance in the residential areas -In 1982, the State completed the first section of the free- way system through the City, Highway 494 from Bloomington to the City. Theinterchanae of Highways 135E and 1494 opened in the fall of 1984 with completion of 1494. The City is in an ideal location for commercial and industrial growth from the highway system comoletion, and several maior firms have already located in the City. These firms include: COMPANY 1997 BUDGET I`iCOME AND EXPENDITURES EMPLOYEES 1997 Education 1997 REVENUE 6udoet EXPENDITURE Bu a t Property Tax 52,495,080 City Council 5 23,590 Licenses 156,070 Admininstration 536,000 and permits Metal Stamping Elections 40,430 Inter -Governmental 179,130 Police 1,346,640 Charaes for Associated Bureaus Fire 231,080 Service 319,080 Code Enforcement 136,110 Inter -Fund 75 Animal Control 7,600 Transfers 22,000 Road & Bridge 448,270 Miscellaneous Revenue 90,300 Parks 395,950 Fines 38,000 Planning 69,390 Recycling 11-300 Recycling 15,900 Brown Institute Education Contingency 60.000 Totals $3,310,960 3,310,960 Based on revenues and expenditures through September, it appears that the General Fund will show a sur- plus -of approximately $75,000/S100,000 for -the year_1997.____.__.___. GENERAL hNFORINIATION The City of Mendota Heights, incorporated in 1950, is located adjacent to the City of St. Paul on the south and west. At the time of incorporation, through comprehensive planning studies, the City established restric- tions for building in areas where no utility service was available. As utilities have been extended, several ex- ceptional residential areas have developed. Large lot sizes, natural rollina land and large open spaces have retained an open appearance in the residential areas -In 1982, the State completed the first section of the free- way system through the City, Highway 494 from Bloomington to the City. Theinterchanae of Highways 135E and 1494 opened in the fall of 1984 with completion of 1494. The City is in an ideal location for commercial and industrial growth from the highway system comoletion, and several maior firms have already located in the City. These firms include: COMPANY ACTIVITY EMPLOYEES School District 197 Education 725 Prime Net Publishing 50 Gould Inc. Office & Research 152 EcoLab Research Center 260 MN DOT Highway Maintenance - Office 125 Tempco Metal Stamping 200 3M Research 125 Lloyds Meats Food Proces5cr 200 Associated Bureaus Office 400 Northland Insurance Office 456 Apsco Auto Pars Whciesaie 75 Foto Mark Metal P!atinc 125 Marriott Courtyard Motel 75 Braun Enaineenna Once 50 PattersonDentaly Off -ice 175 General Pumo Once vlanufcc:urinc Warehouse 75 Cemstone Cement 125 Brown Institute Education 175 CURRENT DEVELOPNIEiNTS 1996 and 1997 have been active years for commercial and industrial development among the major develop- ments are: Heritage Inn A 130 room facility for Northwest Airiines Brown Institute Remodeled Cray Research building for their 1,600 student United Properties school APT Pension investor constructed a 150.000 square foot office Office Center (6 buildings) building Northland Company A new 100,000 square foot office warehouse Northland Company A new 80,000 square foot once building Roseville Properties A new 80,000 square foot once building School District 197 A middle school for up to 800 students NL-kJOR TAXPAYERS Based on the 1997 Estimated Market Value, the following represent the larger commercial and industrial tax- payers in the City. N.S.P Utility 613,020,100 Solvay 6,181,600 United Properties 9,300,200 APT Warehouse 6,169,800 Office Center (6 buildings) 6,871,600 Marriott Courtyard Motel 5,963,200 Lexington Heights Apartments 6,395,200 Northland Insurance 4,671,300' Mendakota Country Club 4,432,700 Big Wheel 3,531,500 Ecolab 4,370,700 3M Company_ 3,500,000 Somerset Country Club 4,115,800' GNB Office 3,377,200 Brown Institute 3,834,600 Associated Bureaus 2,816,600 Prime Net 3,634,300 Office Warehouse 2,553,600 Heritage Inn 3,603,700 Centre Pointe Office 2,288,500 Total of 20 Listed 6100,632,200 'Value prior to open space adjustments % of Market Value 12.5% Based on the assessors valuations for the year 1996, the following is the distribution on the market valuation by property classification: Market value Agricultural S 487,700 Residential 663.633,800 Commerc'.al, Industrial, Public Utility 123.117,100 Apartments 7.800,000 Other 300,300 Personal Property 9.895 90 805.234,800 Tax Cao2city % of Tax Capacity 7,464 ,0a 10,621,270 63 17 5.521,120 32.84 202.580 1 21 5,851 03 A55 212 2.71 16,813,497 .10000% IThe Ciiy is part of School District 197 which has its high school in the City The facility will serve up to 2,000 students with ample space for additional orowth. The District also operates 18 and 24 classroom elementary schools in the City. St. Thomas and Visitaticn Convent also operate high schools in the City. In 1997, the School District opened a new, 800 student middle school in the City. Water and Sewer service is available to an estimated 95% of the residents. As of 1994 over 3,500 users were connected to the sewer system. Water is provided through St. Paul, and the City has constructed a 2,000,000 gallon water storage facility to serve the industrial area of the City. Electric and Gas service is pro- vided by Northern States Power Company The Company has a substation and gas storage facilibj in the City Based on the 1990 Census, 94% of the City homes are owner -occupied. Household income in the City for 1989 was S60,514, the twelfth highest in the metro area and second hichest in Dakota County During 1981, the City formed a Tax Increment District to aid and facilitate the redeve!opment of a large area in the western portion of the City which has been owned by the yletropolitan Airport Commission. Due to safety regulations, restrictions make it unfeasible to deve!op the land by normal methods. A study by the Citizens League of the Twin Cities shows the City ranking 92 out of 104 communities in the amount of tax paid on a $110,000 home in the year 1997. The City rate was 61,632. The range in the Twin ,Cities area was from 61,460 to 62,263. Average home value in the City was 5173,099. It is estimated that about 1,500 acres of the total land area of 6,080 acres is classed recreational or public use land. This includes Somerset and Mendakota golf courses, the three high school sites, the City park lands and a portion of the Fort Snelling State Park in the City. These open areas aid in preserving the open appearance in the City. BL`ILDING PERMITS Construction activity in the City has been strong for the past four years. Below is a summary of the building permits durina this time: Year Egand value Housing Units 1991 27,943,774 125 1992 40,951,598 271 1993 27,392,749 134 1994 38,712,666 55 1995 13,906,866 40 1996 32,714,675 83 1997 (to October) 22,894,468 28 City employees are covered under the State of Minnesota Public Employees Retirement Fund and Social Se- curity. To the best knowledge of the City, the employees are fully funded and only the normal annual contribu- tions are required to the funds. Included in the City budget for the year 1997 is the sum of 6139,844 as the current year contribution to the PERA Fund. The Fire Department maintains a separate retirement fund which is under the control of the Fire Relief Asso- ciation. This plan provides a benefit at ace 50 with 10 years minimum service Benefits are paid in a lump sum.The City contributes to the fund on a de.�ned contribution pian. Income to the Association is the State Aid for fire plus $350 per active member of tre association, adjusied for salary inc eases. The proximity of the City to both Minneapolis and St. Paul, tcgett:er with the prime building sites make the City an ide-al location for both residents and industries. Excellent roads are available and ac--ess to the metro- politan area is good. The City is located =cress the river from the Nietroeolitan Airport and has coed rail serv- ice. The CiPi Hall is centrally located just 5 miies from downtown St. Paul and 12 miles from ylinneapolis. BRIGGS AND MORGAI PROFESSIONAL -\SSOCIATION PROPOSED FORM OF LEGAL OPINION $380,000 GENERAL OBLIG?TION EQUIPMENT CERTIF TOTES OF 1997 CITY OF MENDOTA gEIGHTC DAKOTA COUNTY MINNESOTA 2200 ;;RST \-\T(O\-\L BANK P,I:ILDI\r 332 'W'\\ESOT-\ STREET SAINT PAUL. MINNESOTA -5101 TELEPHONE (012) 2*23-6c00 FACSIMILE (6121 223-6430 W'RITER'S DIRECT DIAL W'RITER'S E-MAIL We have acted as bond counsel in connection with the issuance by the CitV Of Mendota heights, Dakota County, Minnesota (-L-"-e "Issuer"), Of its $380,000 General Obligation Ecruipment L Cei"tZ'1CateS OL 1997, bearing a date Of original issue OL December 1, 1997 (the "Certificates"). We have examined the law and such Certified proceedings and Other documents as we deem necessary to render this OOinion. We have not been engaged Or undertaken t0 review the accuracy, completeness Or sufficiency Of the Official Statement Or other off=rina material relating to the Cert___ca -es , and we express no opinion reiat-ing thereto. AS to cu'estions c= fact material to our cpini on, we have relied upon the Certi-fled nroceed—gs and Ot er cerci _i Cations of public official -S 'Urn fished t0 .-:s without undertaking to verify the Salle by i ndepGndent i n-iestigat=on . Based unon such e:,ca` mations, and as Su: 4 ra the aut_^.e=_ti city of all documen=.- si:bmi tt d t0 us as or-gi iia s, tr - ConfO---mi ty to or i ai nal doc'.:menCs of all dcc,- le* __ Sub'mi tce-d tc L's as certified Or photostatic Cc0_es and ire a't!then-f=city of isle Originals of sucli cocumen-C=, and the accurac;; Of the statements O -fact contained in such :documen"S, and based =on present Minnesota and -federal laws (;4 1_c' excludes any celndincr legis l ation wniCr, may ray= retroacti',= ___ =C= cr cr before the dat_ hcreOf) r=^Nati^vnS, ru!_nGS and c_S=OP_s _-f iS our coinion that: (1) The proceedings -_c'! l_-,a_ul ��_ ty _0r tie :ss uance of the Certificates accord -`'g to their teras unde_ -fhe Constitution and laws of the Sta.--e of :•'=nr _sota no-,; _n force. NIIN\EA?OLl OF -:C: • IDSCENTER 3,',„i,G..CVJI MENISES - LES MUNDI.'. 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MINNESOTA 55101 TELEPHONE 1612? 223-c`600 FACSi:.11LE (612) 223-6-150 $1,900,000 GENER-AL OSL'IGA-TION REFUNDING AND IMPROV�.MENT BONDS OF 1997 CITY Or MENDOTA HEIGHTS DAKOTA COUN'T'Y MIv%iESOT] W'RITER'S DIRECT DIAL W'RITER'S We have acted as bond counsel in conneczior_ with the issuance by the City Of Mendota Heights, Dakota County, Minnesota (the "Issuer") , Of its $1,,,00,000 General Obligation Refunding and improvement Bonds of 1997, bearing a date Of original issue of December 1, 1997 (the "Bonds") . We have e_tamined the law and such Certified proceedings and Other documents as we deem necessary t0 Tender this opinion. We have not been engaged Or undertaken t0 review the accur'acv, Com-olete?less Or sueLiClnnCy Of tPe Official Statement Or Other offering material relating t0 the ^OP_ds, and we express no Opinion relating thereto. As t0 cr estions cf fact material to our CL'_n'_On, we have relied upon +the Certi=_eC procenC=-lg= a C certifiCations Of public C -=-Gals fur'ished to L's i" thout undertak_Jna to verify the same by inde:;ende: c i__ies�-_gation. Based uiDon such e__ami_^_ations , and assL:::e_nC the aL:Cnn--iCity of ail docume__-ssi^.r.m'_tte t c -s as -qi nai s , the CCi_for, ity to Orifiinal dCC,:::,en=s C all d-ccumencs ted to L's as Ce rci -ied or rhotcstat-C cCzDies anC --ne a.._ne-=_! _t:J C= t^_e or - • a s of such documents, a==d the acc;-r= :i ofStat�ilc? �5 C_ =act contained in such CCC.. ments, a -d based u on vresent Mi_escta and federal laws (',Jr_CP_ e c-..r'es ....__ i c= -.--!-Cr ia_C_-Sl-tion which-ma'i have-"' e a ret-'= --=f-feCC C_ be=Crc the GaCe hereo-) regulla--ono, _ __'CS and aec--_Cn=, is Cu_ Opi ion that: >11\\-AP0L1=..:::CE IDSCENTER 3RIGGSCC-`, MEMBER - LES >t��:D(. '. 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U) 14 i-1 5 r U) .0 I-1 1J 'C) >, Ci f=; U) -rl (U U) IZ (11 Jt 1-1 (n U) (U U) (U I -I 1J I-1 r-4 1-) Cy :l -H (1) O QI-,l I -I 1J C} O U) (1) r-( - to -ri O (U (a .C1 ,C; (1) (1) !J in rl 'Cl 1-1 O Ui x •rI U 1J 5rt $; fai (U U) Pt :J U Qi W . ) 1J 't Qi 1J 1J 1-) 1.1 II U) `C) 2 (U I1 a) a) a) a) U � { i to O U 1J Ci 1 ;{ 4' 1J 5 1,1 (1)CO In C; (a 4-1 to C1 �j .1.; .C, r-1 .C1 U O to 'ri O 1-1 X a) •rl O to i� rl O O 'CJ }4 O 0) U) O ;J 1J (1) 1-; O U U 0-1 1J -1-i 1.1 1J Ut -J to U Q U) (U AJ 444 a) li X U 1J 1J to 1J U U to " U H -,I U QI In U O 1J U S1I [Appendix — to Official Statement] FORM OF CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Mendota Heights, Minnesota (the ,Issiler"), in connection with the issuance of $1,900,000 General Obligation Refunding_ and improvement Bonds of 1997 (the "Bonds") and $380,000 General Obligation Equipment Certificates of 1097 (the "Certificates") (the Bonds and the Certificates being collectively, the "Obligations"). The Obligations are being issued pursuant to Separate Resolutions adopted December 2, 1997 (collectively, the "Resolution"). Pursuant to the Resolution and this undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the issuer for the benefit of the Owners and in oraer to assist the Participating Underwriters in com_D1vina with SEC Rule 15c2-12 (b) (5) . SECTION 2. Definitions. in addition_ to the definitions set forth in the Resolution, wh' ch apply to any capitalized term used in this Disclosure Undertaking unless other-+dise defined in this Section, the following capitalized terms shall have the following meanings: "annual Report" shall mean_ any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and S of this Disclosure Undertaking. "Audited Financial Statements" shall me=n t^e financial Statements of the Issuer audited annually by an .dependent certified public account --1.1c _i I -M, prena-ed pursuant to generally acce oted accounting princ-'0! es promulgGced by tre rinanci Gl A.cco sting Standards Board, mods -led by covernme_ tel accounting standards promulgated by t = Government Accounting Standards Board. "Di Ssem-i nation Agent" c^al 1 mean such --art'i =-cm time to time design Gted In w--r-i ling ' V Sa:c �O GCS _=OritiGt_Cn dissem= n nation agent and w .. _._ naS =1i— ?i=__- the S..a-Ie- G wrJ tten_ acceptance_ of Such desicna:=-_n- "_ =Seal Year" s a i 1 -_SCaI -/ C_ i -SJi e_ . "Governing 7odv" ha -,r= t_ ^:e meaning Giv=_- 475.51, Subdivision_ 9. 367957.1 w_, -=Sc l Oc_=Ga==enc, the= germ -n "[1,ISR3" shall mean the Municipal Securi ties Ru-' emaki ng Board. "National Repository". shall mean any Na: 4 cr_a_I yr Reccan _J zed. Municipal Securities Information Repos-itory for Cu -roses of the Rule. Currently, the following are National Repcs_;.c-_es: Bloomberg Municipal Rencsitcry P.O. Box 840 - - Princeton, NJ 08542-0840 Phone: (609) 279-3200 Fax: (609) 279-5962 Thomson Municipal Services 395 Hudson Street - Third Floor New York, NY 10014 Attn: MuniciDal Disclosure Phone: (800) 689-84-66 Fax: (212) 989-2078 Kennv Information Systems inc 65 Broadwav - 166th Floor -New- York, --NY -1000,6-2511- Attn: 1000 -2511 P_ttn: Repository Services Phone: (212) 770-4595 Fax: (212) 797-7994 R.R. Donnelly Financial Municipal Securities Disclosure `rchive 559 Main Street Hudson, M;'- 01749 Phone: (800) 580-3670 Fax: (508) 5662-19069 DPC Data Inc. One Executive Drive Fort Lee, Nj 07024 Phone: (201) 34_6-0791; =ax: (201) :.7-0107 E -Mail-: N_:«sirCdDcdata . ccm "Occurrence(s)" shall -mean any o: the even? -S iic`cn in Section S.A. of this Disclosure Urderzakinc. "O -f i ci al Statement" :all be the O___c_a1 SC_a:e mens and/or Pel irm_nary Official Sta..=...=^t cased 19197 toCether with- any aaaenQUE =_=r-0, -__ Tv=c___ the Obligations .- "Ownle-S" Shall mean rec-s:=_=. :c! ._c_- -- ^ct the Sail-, t_'?e beneficial owner_ of any Ob-', "'-,:'a r�_iclpatina Under-. -;_-_`::e_- " S -G' _ :rear_ a_ i ._.c c-_Qj --- i underwriters oL the ODlica=_Ons _cQu=_mac t^ Ccm_ _ i w =± t^.c i in connection with o__er_ng O_ Lie Ob _ aG _`I ^n: . 367957.1 2 "Repository" shall mean each National Repository and each State Depository. I - "Resolution" shall mean the resolution or resolutions adopted by the Governing Bodv_ of the Issuer providing for, and authorizing the issuance of, the Obligations. - "Rule" shall mean_ Rule 15c2 -12(b) (5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. "State" shall mean the State of Minnesota. "State Depository" shall mean any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in Minnesota. SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 1997, the issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 1998, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section c of this Disclosure Undertaking. B. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the issuer shall send a notice of such delay and estimated date o- delivery to each Repository or to the MSR3 and to the State Depository, 1f any. SECTION 4. Content and Format of Annual Reports . The Seer's Annual Report shall contain or incorporate by reference tne ==vandal inforiTlation and, ocerating data perzal-n ng to the 1SSU=r listed below as of the end o_ the preced=ng Fiscal Year. The A,nrual Report maV be submitted to each _.epos_tCr'i as a Single document or as separate documents comprising a za-kace, and may cross-reference other info-:iation as oroovided i^ t lC Disclosure Under-aki=iQ -;oj ow_nc financial i??format_on a-nC orerati g data shall to suoo! led: 367957.1 JJ (14 Q O () (o (U JJ JJ to M 'd JJ (I) r( rl] rl -rl (lS U •'-I (; U (o •rl •rl 11•! 44 O 'U cU to JJ �I •rl JJ 'U to � p, to U) W O U .� U •rl JJ 1J 4 1 O t(Ij 0-11 U J, � to bbl to rI 0444 -rl r -I Q O to 4_I (N O • TI JJ (U Ul 'd rl .•>'/ d (IS Ul rl 'd (1) 1-1 Ul O } 1 1 U) (U JJ JJ to (U 4 JJ (1) 1`J O J; JJ Q' w MID r� >I rl •r1 JJ p1 U (o q '(:: U) (1) rl U 4-1 5 (1) � JJ •rl rJ� JJ •rl r rl •rl >I O .,'-� O JJ U Ifl rl U) a) to to 'd A i-1 JJ JJ i4 O a) ) I (U Q (U 4-1 •rl (o J, r -I )-I �:i O tN O p, rl pl S I d 11 O tN to a) to v - r-1 'd > ; cu U) >I U) U )J (I) (I) JJ U) JJ Oy -rl ) , w U) .lJ )-I rl 44 (1) U UI r I U) ]4 (1) U) P U (U (U JJ U a) O r1 O �4 i i !> (n '> l}1 In (U 4-1 JJ O -rl s:i b) (U )-I to (U i -I 4-1 (a (1) ?d 1.1 O U) ,Q O {=i 44 )-I rl to Ci (o b14-1 to (U .1`i bl.Ci (U t i i-1 I 1-I (U O to • Gi O JJ rl 11-1 'Q U) (1) W4 JJ �1 U) (Il QI I ) �� (U r (1) JJ —1 JJ •r1 JJ U) H (1) U) rl U) -rl •(-I :•i (1) (✓ U (U to U (U JJ -r1 U S4 4-1 ;>I (1) U )-1 )•I ,Q U '> 3 rl )4 .Ci r Fi JJ to In Gi O JJ A rl O' )-i S -i O a) to Gi •rl r -I JJ to to 'd O It] QI (U f: I, pl )-I •rl (1) J rl (U bl U) (1) (I) 0 I U I i4 r1 JJ p, I~ a) .Ci to 'd -11 p; 5 r. in rl t> JJ 'd U to U 10 114 (1) to V) (1) a) -r1 p, JJ :J (U U ! 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U) r-( (U to - 44 to r -I -rl to •r1 O 04 O to (14 (U tU a '-) ) I U J_J r1 JJ (1) JJ 0 (1) O �j 'd pi - JJ 'd W G JJ 44 .CI' JJ JJ Ul U U) U U -I •rl II) r, JJ —1 O (1) .> U) (1) -rl 'd 1-i Ir rI •rl O Ul a) `i to 12 •rl 3 •r -I (`i �1 -rl a) to 'd O JJ S4 ]-I U 14 �J W 'd (1) to Ul .Ci •rl rl 111 4-1 to 4-1 11.1 1 .t~ U ] { Q) JJ Q )-I :J (I] G. to O JJ (U )-I �j O b Ln JJ • • (U }-1 114 ) l ti -I O p I U G; (1) to fl; r-( to to pa 01-rl O U (1) JJ to -I ' �4 '•rl 'U•r-( S•I () tU (o JJ p� ,Q Li pa U) S 1 f11 U -rl (U 10 •rl 0 4-1 (o ]ti U 'Ll U (; U O 4 I U) to a) JJ (o JJ In )-I p, to Ul >I (ii rX JJ O Q •rl (0 JJ �-I .•. I(S (1) •rl IJ U) S : rl •r( /J: U) (1) p.l U1 • $1 rj v )-I O •rl >I (U (U rl ru rl to JJ (U .I-) ll -I In N •rI 3 , to r-1 bl'C) r1 •4-1 /Ji .0 a) (1) jy > (o ('''1 p, (1) 0 )•I to JJ JJ,04 C, '�> p JJ U Q' JJ r1 to 'C1 U Cj U u (U d r{ 1 Q) JJ '(j ri Q •rl tl) JJ Wi tW JJ JJ U) N to (a 01 11-1 a) to O to )-I 1~ (1) U JJ '(j 0 ::j H (U a ul to a) Q W S; ••-1 O In JJ -rl 1, U O O 'd %; r1 G; 0 W O U) til O (14 U pl 4 to C.' 11S JJ JJ )-I O r, U rI (I U p,•ri •r -i •ri H �j to U r7 0 JJ In O tN t~ I U 1~ U Gi N (U , U) U Gi U) JJ O a) 41 r'> p •ri O JJ (i U to •H rl -rl ri 0 U) •ri In -rl t11U) Q (U 10 O 1~ P4 U O pa 3 U V) )•l 9 U r -I P >~' a) )-t O F' Fi QI C-. N )•1 U a) r= a) -rl a) H U - p, � to� •r1 N H (1) ri En 04 bl Ul to bl > Li rl 'Q 114 4 Gi ul b1 b) rl to �X1 a i4 (0 1-'i JJ 0 O F-1 JJ JJ L(1 (U G Gi 0 -rl IJ to�.' a) •rl W. 'd -rl bl a) 'd S4Zi P O • • •r1 —I .-� to U1 JJ O Il) U a) 7 )-I -rl r1 N (1 JJ d' JJ 111 It -I l0 PQ (U U JJ ( 1 ~ C a) G JJ b 4a b O A Q JJ .. U �. U JJ to )-I a) a ri r( (1) p1 :j 'C )-I •1-1 rl '> '> H U to U) (1) S I Q, ri N O �$ JJ r1 O JJ (U O JJ (U N N E-1 U bl r1 rl r1 d pl to a) l4 to U to U U > f� O JJ O U O -rl 4-1 4.1 cU (It ;� O (1) U) 4 O 'r; U .0 U U >I O -rl )•1 to )-1 Gtl r -I (11 (U C; ;-' n; JJ fx H .I--) 44 In to U) to /(; A 0 JJ QI'd QI (n(:� .I.) lll OQ JJ U) II -I 'C" O JJ Iv d' r` t>, I` •o M (8) optional or unscheduled redemption of a-nv Obligations; (9) defeasances; (10) release, substitution or sale of procerty securing reoayment of the Obligations; and (11) rating chances. B. Whenever an event listed in Section S.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Obligations. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. C. The Issuer agrees provided, in a timely manner, to MSRB and to the State Depository, the Issuer to provide the Annual to provide or cause to be each National Repository or the if any, notice of a failure by Reports described in Section a. SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Undertakinq shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Obligations. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination_ Acent. SECTION 8. Amendment WWaiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issue_ may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or Change _n theordinary business or coeration Of the !SSuer has OCCllrrcd, (fl) such amendment or Waiver would not, In and of _Self, cause the undertakings herein to violate the Rul-e if such amendment or waiver had been effective on the date her_eof but ta.:ing into account any subsea'uent chancre in Or Of71C1a1 intercretat_cn C the Rule, and (c) such amendment or waiver is Surccr_ec: by an, oDiniOn of counsel expert -ederal securities la S to the e_. fect. that such amendment or waiver would nct materially_ � ti:�, C - the interests of Owners. SECTION 9. Additicnal informa_io . i_ this Disclosure Undertaking shall be deemed to __e=_n_ Issuer from disseminating any Other i n-0rmati on, using the o_ dissemination set forth this Di col cs rc U-de='_ak= ?c cr an -.T Cther means of ccmmuP_icat-Cs , C= includ_na an -.i infc)=at-Cn 367957.1 in any Annual Report or notice of an Occurrence, iT addition to that which is recx_uired by this Disclosure Undertakinc. if the Issuer chooses to include anv information_ In any n—rual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking_ to ucdar-e such information or include it in any future A-nnual Reccr- or notice of an Occurrence. SECTION 10. Default . In the event of a failure Of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and annropriate, including seeking mandamus Or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this4Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure Of the Issuer to comply with this Disclosure Undertaking shall be an action_ to compel performance. -- - --- - - SECTION !I.-- ---- Beneficiaries.- This _Di Disclosure U_ndertaki ng Shall inure solely to the benefit Of the Issuer, the Particiva- ting Underwriters and Owners from time to time Of the Obl-igations, and shall create no rJghts in any other person or entitv. SECTION 12. Reserved Ricnts The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful Or, subject to the provisions of Section a hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such mcdificati cn i s rea-uired by the Rule or by a court Of competent Jurisdiction. Date: December , 190 CITY OF ME.NDOTA HEIGHTS 367957.1 6 BOND YEAR SCHEDULE 5290,000 G.O. EQUIPMENT CERTIFICATES OF 1997, Dated December 1, 1997 . Optional: August 1, 2000 and thereafter at par Due. December 1, 1999/2002 Year Amount Bond Years Cumulative December 1, 1999 80,000 160,000 160,000 December 1, 2000 100,000 300,000 460,000 December 1, 2001 100,000 400,000 860,000 December 1, 2002 100,000 500,000 1,360,000 No option or prior payment Average maturity 3.57 years 0 BOND YEAR SCHEDULE 51,900,000 G.O. IMPROVEMENT REFUNDING AND IMPROVPYIENT BONDS OF 1997 Dated, December 1, 1997 Optional* February 1, 2004 and thereafter at par. Year Amount August 1, 1998 165,000 August 1, 1999 180,000 August 1, 2000 180,000 August 1, 2001 180,000 Aucust 1, 2002 180,000 August 1, 2003 160,000 August 1, 2004 160,000 August 1, 2005 80,000 August 1, 2006 80,000 Aucust 1, 2007 80,000 August 1, 2008 80,000 August 1, 2009 80,000 August 1, 2010 80,000 August 1, 2011 80,000 Aucust 1, 2012 80,000 August 1, 2013 55,000 Due* Aucust 1, /998/2000 Bond Years Cumulative 11005 11005 300.06 410.11 480.06 89017 660.06 1,550.23 840.06 2,390.29 906.72 3,297.01 1,066.72 4,363.73 613.36 4,977.09 693.36 5,670.45 -----------773.36-- - - 6,443.81 853.36 7,297.17 933.36 8,230.53 1,013.36 9,243.89 1,093.36 10,337.25 1,173.36 11,510.61 861.68 12,372.29 - Bonds maturing in the years 2006 through 2013 are subject to prior payment in inverse order of serial num- bers on Aucust 1, 2005 and any interest payment date thereafter at a price of par plus accrued interest. Average Maturity 6.51 years. CITY OF MENDOTA HEIGHTS MEMO November 26, 1997 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Dir ct SUBJECT Lonnquist Escrow Return - Request DISCUSSION• Ms. Cynthia Lonnquist, has built a home at 740 Mendota Heights Road (the southwest comer of Arbor Court and Mendota Heights Road). Her lot is in the Mendota Woods Development. -The area is heavily _ wooded, has steep terrain and ponds, and consequently was not mass graded by Mr. Steve Patrick, the developer. Mr. Patrick was allowed to develop this way as an effort to try to preserve these natural amenities. Each lot was to be designed and graded by the individual homeowners under the terms of the developer's agreement (attached). To insure that these homeowners comply with this plan, a $1,000 escrow is required. Ms. Lonnquist's home construction and lot restoration has been very slow, however some of her grading work was satisfactorily completed, and $750 of her escrow has been returned. She now requests that the remaining $250 be returned (letter attached). Ms. Lonnquist feels that she is done with her yard work, because she intends to leave the rest of her yard natural. Staff feels that she still needs to complete additional yard work, particularly on the north side of her lot adjacent to Mendota Heights Road where the ground was disturbed and is susceptible to erosion due to the lack of vegetation. Staff also has a concern about the long term structural integrity of the existing steep slope on the east side of the lot adjacent to Arbor Court. Without some form of retaining wall as shown on the attached certificate of survey or engineered slope stabilization solution, this slope will remain susceptible to sudden failure. Q61i IU NMI m I recommend that Ms. Lonnquist be required to complete some added filling, adjacent to her driveway curb and complete more turf establishment on the north and east sides of her lot prior to the release of her remaining $250 escrow. Wat"ON1111�1� 1 Review Ms. Lonnquist's request and determine whether or not to release her $250 escrow at this time. CONTOft"T FOR SINGLE FAMILY DEVE1 M ,-41' Job No. 8922 Imp. No. 89-7 This Agreement, made and entered into this G day of 1990, by and between the City of Mendota Heights, D&koth County, Minnesota, (hereinafter called the "City") and Stephen and Jana Patrick, 737 Mendota Heights Road, Mendota Heights, MN 55120 and Bill Lentsch,z498 North Dale, St. Paul, MN '55117 (hereinafter called the "Developer"). W I T N E S S E T H: WHEREAS, Developer proposes a plat for a single family develop- ment in Mendota Heights to be known as Mendota Woods, consisting of 11 single family lots on approximately 13 acres located south of Mendota Heights Road, -east of Dodd Road; and WHEREAS, public services are needed by the Developer from !'-;endota Heights in order to proceed with said development. NOW THEREFORE, it is hereby agreed by and between the two parties as follows: 1. In the event that the City initiates litigation to enforce performance of the Developer's obligations hereunder, the City shall be entitled to reimbursement of all costs and attorney fees incurred in connection therewith, whether incurred prior to or after entry of judgment. 2. Developer will petition the City for needed public improve- ments (Sanitary Sewer, Storm Sewer, Watermains, and Streets). Developer agrees to pay $1650.00 escrow 'to the City as per Ordinance No. 1503. Escrow to be refunded upon successful completion of a project. 3. Developer will provide at no cost to the City all needed temporary construction easements to install said improve- ments and those permanent, right of way and easements, necessary for said public improvements. 4. Developer will proceed immediately to confraission a regis- tered land surveyor to place and maintain enoug:i lot corners so that street center lines and all utilities can be located by City staff. 5. Developer acknowledges that there will be park con�ribution due to the City as per Ordinance No. 301, Section 6 as amended by Resolution 80- 16. That contribution, is to be $600 per lot or $6,000.00 and is payable at the time the Mayor signs the final plat. 6. City agr- s,"k,) complete the street a xd ,ulevard grading and the Deve? .per or lot owner shall col,.rlete the grading of individual lots. 7. Grading operations maybe completed in phases (i.e. individ- ual lots) by the Developer/Homebuilder. Each lot must be s:3.bmitted for approval. To gain approval, the Developer/Homebuilder provide a grading plan that shows at a.minimum erosion control measures, the existing and pro- posed lot corner elevations, elevations for garage floor and first floor, and elevations for all breaks in grade for each lot. Also a $1,000 escrow shall accompany each phase plan. Any change in a phase of the grading shall require reapprov- al. The escrow shall be returned upon satisfactory comple- tion of the grading operations. The Developer agrees to notify Lot Owners/Homebuilders of these requirements. S. If and when there is an excessive buildup of mud or dirt on existing City streets as'a result of building operations, the Developer shall have the affected streets swept'by mechanical means, at the direction of the City. 9. The Developer/Homebuilder will be responsible for repairing damage to public utilities incurred as a result of building construction or private utility installation. Therefore the -- -- - - - - Developer -shall. notify the Homebuilder/Lot -Owner -at the time----'--- of ime ___oil sale of a lot of this stipulation. 10. It is the City's desire to cause the least amount of dis- turbance to the existing stand of oak trees on the site. The City has commissioned an oak wilt specialist to provide recommendations for protecting the oak trees during grading operations and construction. The Developer agrees to follow these recommendations in all activities on the site, and agrees to notify new lot owners and/or homebuilders of these recommendations. 11. The Developer agrees to include notifications of aircraft noise attenuation construction requirements in the restric- tive covenants on all lots in the subdivision. All homes in subdivsion must be built to the City's S.T.C. Code Require- ments.The Developer shall provide a copy of these covenants to the City for review at the time the final plat is signed by the Mayor. PGJG•-�F&a ALS-AG6Lr-Fs 7_D 1--0t14Y A4,L- ,vr.- y.T 'VWA,Z_s r-_� •rijC- Zomime_ 51,440-0-1, The LlE+GLup. ,-j' 12. If at anytime the Developer is not in compliance with this agreement, the City reserves the right to correct the areas of non-compliance after giving the Developer 48 hours no- tice. All costs associated with making the corrections shall be charged to the Developer. 13. As the Developer actually consists of several individuals with varying degrees of involvement, the Developer shall designate one person as the legal Developer Representative. The Developer Representative is assumed to represent the interest of,4�he Developers, and the Cil--; shall take actions a.c:cordiiyr, The City will direct l•-aiestions, informa- tion and requirements to the Developer Representative. Notification to the Developer Representative shall be.con- sidered notification to the -Developer as a whole. The City will not act on Developer's request that has not been pre- sented via the Developer Representative. The official Developer Representative is listed below. If the Developer wishes to redesignate the Developer Representative a notifi- cation signed by all those persons signing the Developer's Agreement stating this fact shall be delivered to the City. DESIGNATED DEVELOPER REPRESENTATIVE (P a se, Pr (Sigfiaibae) CITY OF MENDOTA HEIGHTS r�OFA / OWN E. Mertensotto, Mayor M. Thomas Lawell, City Administrator DEVELOPERS W 1997 .i F November 18, 1997 Mendota Heights City Council 1101 Victoria Curve Mendota Heigl-ts, MNI c; i 18 Dear Sir or Madam: Cynthia Lonnquist 740 Mendota Heights Road Mendota Heights, MN 55120 When I applied for a Building Permit for my home, the City of Mendota Heights asked for a $1000. Escrow to accompany the grading plan. This was to insure that proper erosion control measures were taken. Enclosed please find my plan that was submitted. To date, $750 has been returned to me, and I was told that the remaining $250 would be returned to me once the sod was in. Several weeks ago I went to the city, after the sod was put in, and asked for my remaining $250. I was told that someone would come out to look at the property, and get back with me. No one got back with me, and yesterday I called to see about the money. Mark Mogan indicated that he had been out, and was concerned about erosion on the east side of my property, on Arbor Court side. I have never touched that side of the property, and it is going to remain as is per enclosed plan. This is a steep slope which was created when Arbor Court was put in years ago. Please return my money to me immediately, as I have met the conditions put forth for the escrow. Thank you. Sincerely, Cynthia Lonnquist 740 Mendota Heights Road Wuu68 169auaglUATA WHO SIGMA SURVEYING SERVICES INC. 1911 9dV%eCa Road •SW4 E EI>W. Mklnesota 55122 Phone (612) 452-3077 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUSI SLING 5FEET IN WIDTH.UNLESS OTHERWISE INDICATED. AND ADJOINING LOT LINES AND 10 FEET IN WIDTH AND ADJOINING STREET LINES. AS SHOWN ON THE FLAT. i'ENDO TA Cynthia Lonnquist OX I �p 144. 9°k4 w!' o v ac AD � +� HEIGHTS RO�,�- �tµ�inou0 walk .0 1 COnt, C4�6 : r 8• aftXq N 6 9 ° Z 2,�2 2"E�I rl —/7-1. � I oc� l - �a9�� 30 r _-.D co 0 -� k4ZG,o 1 I Nousf SGQ(f�ls 'iFOF -LEGEND- car, e o Denotes Iron Monument 'PROPOSED GARAGE FLOOR ELEVATION= 11.011310 1'0 o Denotes Wood Hub Set 1 PROPOSED TOP OF BLOCK ELEVATION= 10 57 O x116*3 Denotes Existing Spot Elevation PROPOSED BASEMENT FLOOR ELEVATION= -. q51 (xglt•0) Denotes Proposed Spot Elevation f---- Denotes Drainage Direction (POTE-ifeVry all Bldg. Dimensions and Floor Heights with Final House Plans. -PROPERTY DESCRIPTION- _ ' -SURVEYORS CERTIFICATION - Lot 1, Block 1, MENDOTA WOODS, I hereby certify that this survey, plan or according to the recorded plat report was prepared by me or under my thereof, Dakota Cou ty..,.;Minn, ;direct supervision and that I am a duly {� Registered Land Surveyor under the laws of l 1` the State of Minnesota. 1AA_.a11CA2 LO-2- �)t(l`/7 A Date: Wayne D. Cordes, Minn. Reg. No. 14675 .1119y Revzse.d; - aawge Rou.� O;VAS 1.;;O'4S Def. hew Kome.•P(an 1 CITY OF MENDOTA HEIGHTS MEMO November 26, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Case #9740: Lot Size Variance Samuel K. Thompson, 709 Cheyenne Lane Background Mr. Sam Thompson appeared before the Planning Commission at their regular meeting on November 25, 1997 to discuss his plans to construct a house on a vacant lot at 709 _ Cheyenne Lane. Construction on the lot would require a variance, since the lot is only _ 10,120 square feet, or 67% of the current minimum R-1 lot size of 15,000 square feet. Recommendation At their regular meeting on November 25, 1997, the Planning Commission voted 7-0 to recommend that the Council approve the lot size variance to allow the construction of a home on this vacant lot, with the stipulation that this lot size variance approval not be construed to imply prior approval of any other variances or other planning approvals in constructing the actual house. Please see the attached items of public record pertaining to this application and the minutes from the November 25, 1997 meeting of the Planning Commission contained elsewhere in the agenda packet. Mr. Thompson will be present at the December 2, 1997 meeting of the City Council to discuss this application. Action Required If the Council concurs with the Planning Commission's recommendation, the Council may adopt the attached RESOLUTION 97-_: A RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT SIZE TO CONSTRUCT A HOUSE AT 709 CHEYENNE LANE, making any revisions the Council deems necessary. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT SIZE TO CONSTRUCT A HOUSE AT 709 CHEYENNE LANE WHEREAS, Mr. Samuel K. Thompson has applied for a variance to the 15,000 square foot minimum lot size in the R-1 zone to construct a house on a 10,120 square foot vacant lot at 709 Cheyenne Lane, as described in documents on file in Planning Case No. 97-40; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their November 25, 1997 meeting; and WHEREAS, The Planning Commission voted 7-0 on November 25, 1997 to recommend that the City Council approve this application with the stipulation that this lot size variance approval not be construed to imply prior approval of any other variances or other planning approvals in constructing the actual house. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the lot size variance to construct a house on a 10,120 square foot vacant lot at 709 Cheyenne Lane, as described in documents on file in Planning Case No. 97-40, is hereby granted with the stipulation that this lot size variance approval not be construed to imply prior approval of any other variances or other planning approvals in constructing the actual house. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the lot size variance to construct a house on a 10,120 square foot vacant lot at 709 Cheyenne Lane with the above stipulation as described in documents on file in Planning Case No. 97-40 will have no adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and will not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 2nd day of December, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor !A,A.11�A November 26, 1997 Samuel K. Thompson 709 Ocala Lane Mendota Heights, Minnesota 55120 Dear Mr. Thompson: City of Mendota Heights The Planning Commission discussed your application for a lot size variance to build a. house on Cheyenne Lane as proposed in documents on file under Planning Case File Number 9740 on November 25, 1997. The Planning Commission voted 7-0 tc recommend that the City Council grant the variance. The City Council will discuss your application at their regularly scheduled meeting on December 2,1997. Please attend this meeting tc answer any questions the Council may have. The meeting begins at 7:30 p.m. in the Council Chambers at City Hall. Sincerely., Patrick C. Hollister Administrative Assistant 1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, MN 55447 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors -M-- E -M-- ORA ND Um TO: Planning Commissioners of Mendota Heights FROM: Meg McMonigal, City Plannern"l— SUBJECT: Variance to Lot Size, Case No. 97-40 APPLICANT: Samuel Thompson LOCATION: 709 Cheyenne Lane; Lot 5, Block 14, Friendly Hills DATE: November 18, 1997 MEETING DATE: November 25, 1997 ZONING: R-1, Single Family Residential GUIDE PLAN: R-1, Single Family Residential Description -.QrRequest Mr. Thompson is requesting a variance from 15,000 square foot lot requirement to construct a single family home on the last remaining vacant lot in the Friendly Hills subdivision. A home can be built on an existing lot of record if it is within 70% of the lot area requirements or 10,500115,000 square feet [Zoning Ordinance Section 4.4(1)]. This lot is 10,120 square feet, or 67% of the 15,000 square foot requirement. The variance request is for 380 square feet. Review Criteria Variance. A variance from the strict application of the Ordinance is allowed where there are practical difficulties or undue hardships. The Ordinance reads, "Undue hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by this Ordinance and the hardship is due to circumstances unique to the property, not created by the landowner, and the variance, if granted, will not alter the essential character of the neighborhood." The variance criteria is outlined in the Zoning Ordinance, and includes: (1) special conditions apply to the structure or land in question that are peculiar to such property and do not apply An Equal Opportunity Employer City of Mendota Heights Planning Commission Thompson Variance Request November 25, 1997 Page 2 generally to other land or structures in the same district; (2) variance is necessary for the preservation and enjoyment of property; (3) adequate supply of light and air will be available to adjacent property; (4) the congestion of public street will not be reasonably increased; (5) the danger of fire or public safety will not be increased; (6) property values will not be impaired in the surrounding area; (7) health, safety, comfort or morals will not be impaired; (8) variance will not merely serve as a convenience, but is necessary to alleviate undue hardship or difficulty. Evaluation of Request Building a single family home on this existing lot will not impact public safety, limit the supply of light and air available to adjacent properties, have any effect on the congestion of public streets, impact property values or impair the health, safety, comfort or morals of the community or surrounding neighborhood. The variance to build is however, necessary for the preservation and enjoyment of this property and is necessary to allow a home to be built on this lot. _ Action Requested: The Planning Commission can recommend: (1) Approval (2) Approval with conditions (3) Denial Planning Sta f Recommendation: As this variance is necessary for utilizing this property as zoned and because this is an existing lot of record, it is recommended that the variance be granted to allow building a single family home on this property. The reason for this variance are not a result of the applicants actions, nor will this variance alter the essential character of the neighborhood. Note: The additional letter received by the Applicant discusses the specific location of the home on the lot. The home maybe placed anywhere within the required setbacks in the R-1 zoning district, and the decision within the building envelope rests with the property owner. MATERIALS REVIEWED: 1. Application for consideration of a Planning Request, signed and dated November 4, 1997. 2. Letter of Intent from Samuel Thompson, dated November 4, 1997. 3. Additional letter from Samuel Thompson received on November 14, 1997, with drawings showing optional locations on the property. Rurj .f� I Til . f /t fOr 1997 :. / e rec'5v.. TCY 1 , 5 IN Yr y bec-v vs t' bLlr tlI-er5-c AeI'd iV-!kr0I ha a:; 717 i?e I>' Cr Jay ir�;rt r �rz rr 7"o rev, lV 1 hvh (0/ 2� vers✓ s el- •d Op/,'ir Gr re bo: lroocl� ,,yes atre next 7a ya- r r��, gfiDo:S �/c((rrzy e Sa +�j+ ctre -5,*cle bly Siad -/ %d:/r "YrCn� yrr� c(p�t'crrS /gr7Y/ OfcCrv5e Ft, rt,Y v,svnl asfr-ect ct' r t. -f ya.• were to ,Ir!"vt wes7` al Ckelehnt rect we%4�,Jd Sre .,t 30 %Yr:L'r w,:: // d,n J -tAe 'rrc;,,-7- a -P avr AavS t' (WA, c A .T �I-e'Per ) t/erSv5 n � 1 / f'>t7`�r;cr wtr // rt/ »rc elCl&5A II. /1 Live GhY w��c/���✓s, /h -�L-�/ v, t.•t✓� Sr"hc t' /%r_ ��✓ /%r$. w 11 s c X-e,"d ` � ie bk 5v fc,r r,r 1d h OL ""/ }� v wf a i 1 t� t" t h CJ '� Y e H n e ALI / / I / 4 v e �ar7' 5A m)J•t i,/r^t'+✓ J -e jc/ P y' T'e r'ie:! Lvc �/ ljvcce,'� --e I rS. -Zr-//�e `s Aays*e %S elv5rr c i�� C{urb ciNcl 4, 1 Jy lO / fro pro f7 rr wa.,A/ A-ke ?/a bt /S / C, k, ,l, r-�M Mrs. e �f /3 d-eca✓se a"r drive war w-; fl fie. .:z/ LY bJve er/Pra j•�.-Ty 1t-++ e. u/ h,'c � tvcc /vl y ;`ve m Q yt /aP e �`' ''� `�,�e G r- �, n c r �r d i,,/ ct i7nopr r ec,s n we y✓/.3 ,-s T� -e S•alb c7` 74 7`7 % cv,11 Eaz f".5 Al 7 -e my 5 7` h g d i h�. � r c+:s� -e j c,r b / 1 e, c G v �t r _ /1i e /A, , e � /� of Cir 'P 2 S � N / U .: —r `f pi CY 4v � ���+ . / d 1 / K t' / h Y / 5, 'r F/%h we TC le S, He -may W, //cbIf'c' /h %Ie--t71eLtGr:/er� �" . h/ % w % TL'> O/r/ 7:-9 -e r}ell, •i YW-e45 t t tYlrhd. s R { w I<- 9-C DNy7 dL4oq�� Y hl 401119 S -- 07 1 -4r. -',s /�'.t 0 y / �l -7 wr t Cs r i r ! -1• co hl 401119 S -- 07 1 -4r. -',s /�'.t 0 y / �l -7 wr t Cs t nd�✓ f,re't°Pr la bvl•ld -r4js 0/0;',uh Lh�/Phh�° If i� jlE--- � 6 �I I� �p•I November 12, 1997 Samuel K. Thompson 709 Ocala Lane Mendota Heights, Minnesota 55120 Dear Mr. Thompson: City of Mendota Heights Your application for a Variance to build a house at 709 Cheyenne Lane (Planning Case File 497-40) was received by the City of Mendota Heights on November 4, 1997. Thus the 60 -day review period for your application began on November 4, 1997 and will expire unless extended by the City on January 3, 1997. The Planning Commission of the City of Mendota Heights will discuss your application at their next regularly scheduled meeting on November 25; 1997. The meeting -begins at 7:30 p.m. in -the -Council— -- - - - -- - --- Chambers at City Hall. Please attend the meeting yourself or send a knowledgeable representative who can answer questions about the application. Sincerely, r Patrick C. Hollister Administrative Assistant 1101 Victoria Curve - Mendota Heights, NIN • 55118 (612) 452-1850 • FAX 452-8940 I on it AAS S&L IRL City of Mendota -Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application J/ Iq /9 7 Fee Paid �� !�(1 f" r:� -''+-•SCI: Applicant Name: _,el )<- -PH: (Last) ` (First) (vin Address: 70'7 Dda% J­qNe /tfPno�af� /TPigti%�s /t%/y SS /�U (Number & Street) (State) (Zip) Owner Name: —(City) (Last) (First) (NM Address: O 9_ .�V ,4-N/U Z"0,90,oh9 /f1A11'/t- (dumber & Street) (City) (State) (Zip) Street Location of Property in Question: G T _5- , /-,/- Leg Description of Property: _ Type of Request: Rezoning_ Variance Conditional Use Permit Subdivision Approval Conditional Use Permit for P.U.D. Wetlands Permit Plan Approval _ Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number .4'4 (0 Section X07 f9 -O V1 oA Present Zoning_ of Property Present Use Vac a o Proposed Zoning of Property Proposed Use 5 i 9 /e T a m ,'i y n g -A .1 I hereby declare that all statements made in this request and on the additional material are true. (Signature of Applicant) 7 �J�'✓��17a7 _q4 �GK� (Date) (Received by - Title) 1101 Victoria Curve • Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940 MAI City of s Mendota Heights SIGNATURES OF CONSENT FOR VARIANCE REQUEST TO: The Planning Commission, City of Mendota Heights FROM: Property Owners of_f- /(/2 Che�.��ite L� , For 9 7 RE: DoT 49E,4 f//,4JIr-AJ GA We the undersigned have reviewed the plans for 4o' (5 Fisc% () y : and understand the terms and conditions of the requested variance for LnT A LEA We have no objections to this request and do hereby give our written consent and consent to waiver of public hearing. sincerely, 111E (Please Print) Z, Yl E:J:t/4-5 /T/NJ 6 Fl_AL pct -/41) W 1 LL) 'At SIGNATURE ADDRESS (INCL. LOT) -:] ' 6-he,eHhe Lu L�J % (^�-!E YStQIJ i= LQ -700 /'AJ 1101 Victoria Curve -Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940 !'�'C_ ( Ct fY (;F)Al Ct A�t 3 r i 1 r 8 q \ 3s � 6 1 ' 0 Y 0 4 It i tCy rs 0111 IC r Ile 1 �! ( 5 1/ 6 / 1 1t 6 it City of Mendota Heights Variance Checklist Date of Pre-Application Meeting: _ __q Applicant: _ Phone # / Fax #: - 1 Location of Property: ! l1_ �J Other Approvals Needed: Case No: Relevant Ordinances/Sections CITY PROCESS �cr PPO V 15 YON Applications will be scheduled for consideration by the Planning Commission and/or the rD City Council only after all required materials have been submitted. Late or incomplete applications will not be put on the agenda. If roper and complete application materials and supportive documents are submitted by 1-4A (date) then the public hearing or review of your case will be conducted by the Planning Commission on _ (date). Following completion of the public hearing, or Planning Commission review, the City Council may consider your application on(date). APPLICANT REQUIREMENTS The following materials must be submitted for the application to be considered complete: a. Fee ($50 Residential, $100 Commercial) b. Completed and Signed Application Form c. Letter of Intent summarizing the proposal, including an explanation of hardship or practical difficulty justifying the variance. d. Abstract Listing of owners located within 100 feet of property. By State Law, this must be provided and certified by an Abstract Company. e. Sketch plan showing all pertinent dimensions, and including the location of anv easements, having an influence upon the variance request. f. Written consent by the owners of property within 100 feet of the boundaries of the property for which the variance is requested, accompanied by a- map indicating the location of the property in question and the location of property owners who have given consent. If the signatures of all neighbors within 100 feet of the property in item (f) are not obtained by I -4-q7, then the City will mail a notice to all t T- 9 residents within 100 feet of the owngr's property at least 10 days in advance of the Planning Commission meeting on . �I The Planning Commission will open a public hearing at the meeting and allow residents to speak on the subject of the Variance. If the signatures in item (0 are obtained by then the City will not mail notices to all neighbors within 100 feet of the property and the Planning Commission may waive the Public Hearing at its meeting on —2 % if it so chooses. There is no publishing requirement for a Variance. g. If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. _ h. If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the City's Public Works Director. Dated originals plus twenty dated copies of all of the above materials, including this _ _ _ checklist, must be submitted in person to Kim Blaeser, Senior Secretaryby the_ aforementioned date. All materials larger than 8%" x 11" must be folded to that size. (Note: Copies of this completed form will be given to both the applicant and the Senior Secretary.) Notes: FROM PHONE NO. : Dec. 01 1997 12:39PM Pl 14 IL oz 2 Ire u 4-9 44 oc /fly' 7 CITY OF MENDOTA HEIGHTS MEMO November 28, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Case #97-39: Conditional Use Permit and Variances Second Story to an Existing Detached Garage Joseph Card, 644 Brookside Lane Discussion Mr. Joseph Card of 644 Brookside Lane appeared before the Planning Commission at their regular meeting on November 25, 1997 to discuss his application for a Conditional - - — Use Permit and Variances for an addition to his garage which he has already built -without -- - --- a building permit. (Mr. Card did receive a building permit in 1992 to expand his garage, but not in the manner in which he actually expanded the garage.) Mr. Card needs the following retroactive approvals for his second story garage addition: 1. A Conditional Use Permit for a detached garage per Section 7.2(10) 2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10) (44' length x 22 foot depth + 2 story height =1936 square foot total floor area, vs. 750 square foot floor area limit; 1,936-750 =1,186) 3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2) and Section 3.2(19) (18 feet actual - 15 limit = 3 feet) Mr. Card would have also needed a 2 -foot side yard setback variance per Section 7.4(3) of the zoning ordinance, but the Commission felt that any setback issues have already been resolved in favor of Mr. Card because the City already approved all setbacks for the garage in 1992 when the City granted Mr. Card a building permit for the new garage footprint. Background Mr. Card received a building permit in 1992 to roughly double the size of his garage at 644 Brookside Lane by adding a portion to the west of his existing garage (see attached elevation). The total floor area of the garage was approved to be 968 square feet, which in 1992 was still allowed without a Conditional Use Permit. In 1995 the Zoning Ordinance was amended to require a Conditional Use Permit for detached garages with a floor area of 440 to 750 square feet. The new portion of the garage was to have a roof on it, but was to remain only one story in height. After receiving the building permit, Mr. Card did double the size of the garage as approved, but never had a final inspection. This year, unbeknownst to City Staff, Mr. Card added an entire second story to his garage for a dance studio for his son. Mr. Card has neither applied for nor received a building permit for this second floor dance studio. This unapproved addition first came to Staff's attention when one of Mr. Card's neighbors returned from vacation in September of this year, discovered that Mr. Card had added the second story to his garage, and notified the City. Staff immediately instructed Mr. Card to cease construction and meet with planning staff about his project. Mr. Card met with Staff on October 6, 1997 told Staff that the second story was intended to be a practice studio for his son, an accomplished dancer. After discussing with Staff the dimensions and locations of his house and garage, Mr. Card and Staff arrived at the conclusion that Mr. Card had two options in applying for retroactive permission for the garage addition. If Mr. Card wished to keep his expanded garage detached from the house, he would need a Conditional Use Permit for a detached garage, a variance for its height and a variance for its square footage. If, on the other hand, Mr. Card would be willing to attach the garage to the rest of his house, he would not need a Conditional Use Permit, but would still require a variance for its height. Mr. Card then applied for the Conditional Use Permit and variances for a detached garage in time for the November meeting of the Planning Commission. The Planning Commission held a public hearing on this garage addition and several neighbors objected to the garage addition. One neighbor supported the garage addition. (Please see the minutes from the November 25, 1997 meeting of the Planning Commission elsewhere in this agenda packet.) Recommendation At their regular meeting on November 25, 1997, Commissioner Duggan moved to approve the Conditional Use Permit and Variances for the garage addition under the following conditions: 1. That the exterior materials for the garage match the exterior materials for the house 2. That both floors of the garage be used for private use only 3. That the new garage be properly screened with landscaping No-one seconded the motion. Commissioner Friel then moved to recommend that the City Council deny the Conditional Use Permit and Variances on the following grounds: 1. that the applicant had not demonstrated a hardship as required for a Variance by the Zoning Ordinance, 0 2. that the garage as proposed was unreasonably beyond City zoning requirements both in height and in square feet. Please see the attached items of public record pertaining to this application and the minutes from the November 25, 1997 meeting of the Planning Commission contained in the agenda packet. Mr. Card will be present at the December 4, 1997 meeting of the City Council to discuss this application. Action Required If the Council concurs with the Planning Commission's recommendation, the Council may adopt the attached RESOLUTION 97-_: A RESOLUTION DENYING A CONDITIONAL USE PERMIT AND VARIANCES FOR 644 BROOKSIDE LANE FOR A GARAGE EXPANSION, making any revisions the Council deems necessary. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION DENYING A CONDITIONAL USE PERMIT AND VARIANCES FOR 644 BROOKSIDE LANE FOR A GARAGE EXPANSION WHEREAS, Mr. Joseph Card of 644 Brookside Lane has applied for a Conditional Use Permit and variances for a garage addition, as proposed on plans on file in Planning Case No. 97-39; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their November 25, 1997 meeting; and WHEREAS, The Planning Commission voted 6-1 on November 25, 1997 to recommend that the City Council deny this application. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the following Conditional Use Permit and variances for a garage addition, as proposed on plans on file in Planning Case No. 97-39, are hereby denied: 1. A Conditional Use Permit for a detached garage per Section 7.2(10) 2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10) 3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2) These denials are made on the following basis: that the applicant had not demonstrated a hardship as required for a Variance by the Zoning Ordinance, 2. that the garage as proposed was unreasonably beyond City zoning requirements both in height and in square feet, 3. and that the garage is out of character with and detrimental to the surrounding neighborhood BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit and Variances for a garage addition, as proposed on plans on file in Planning Case No. 97-39 would have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 2nd day of December, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor Par "vse D i I I PauN it I I CoNc wA� J�'L �ntCL 6014 SWO, MPROVEP -IN c,-(Z?'L I H2oPvsCD ews jW, SFS= 1" Ex! --- ,r 1)4 C_ � �� Tic New (j�ouc Ye+ST)LLL.. PASSAC,a WI.`{ r Sov g GRwc,E M CX15Ti N G G4DiC krC F OVER 0 t�� y ry .� � l�oz FROM PHONE NO Nov. 25 1997 12:23gM Pl 14C�2 IvIal) ly 9 a 17 49 5; C el v /* Rlf le -f *7G. 177� )L/fx 6t 4L C -q 117 e /-',,7 d4, ill h 6t T qh )'� e ril O/ I el dv" k1r) , November 26, 1997 Joseph D. Card 644 Brookside Lane Mendota Heights, Minnesota 55118 Dear Mr. Card: - J%endota City of Heights The Planning Commission voted 6-1 on November 25, 1997 to recommend that -die City Council deny your application for a Variance and a Conditional Use Permit for your garage addition as described on plans on file in Planning Case File Number 97-39_ The City Council will now discuss your application at their regularly schedu',ed meeting on ' December 2, 1997. Please plan to attend -Chis meeting. The meeting begins at 7:30 p.m. in the Council *Chambers at City Hall. Sincerely, Az �- �- G Patrick C. Hollister Administrative .Assistant 1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, MN 55447 Telephone Engineers 612/476-6010 Planners W 612/476-8532 FAX Surveyors MEMORANDUM' TO: Planning Commissioners of Mendota Heights FROM: Meg McMonigal, City Planne"I", SUBJECT: Variances and Conditional Use Permit for a Private Detached Garage; Case No. 97-39 APPLICANTS: Joe and Pam Card LOCATION: 644 Brookside Lane DATE: November 18, 1997 MEETING DATE: November 25, 1997 ZONING: R-1, Single Family Residential GUIDE PLAN: R-1, Single Family Residential Description of Request The Cards recently added a second story to their garage for a dancing studio for their son. They are requesting approval of a Conditional Use Permit (CUP) for the garage addition, as well as variances to height, size and sideyard setback requirements. The garage was in size conformance with the Ordinance at the time it was originally built (22' x 44' = 968 sq. ft.). A CUP is now required for detached garages with a floor area of 440 to 750 square feet [Section 7.2(10)]. A variance is requested for size over 750 square feet, an additional five (5) feet in height, from 15 feet to 20 feet, and for a two (2) feet variance to the required side yard setback of ten (10) feet. The Zoning Ordinance requires a ten (10) foot side yard setback in the R-1 District [Section 7.4(3)]. Review Criteria Conditional Use Permit. The Zoning Ordinance recognizes "there are special uses which, because of their unique characteristics, cannot be properly classified in any district or districts without consideration in each case of the impact of those uses on neighboring land or the public An Equal Opportunity Employer City of Mendota Heights Planning Commission Card Variance Request November 25, 1997 Page 2 need for the particular location." A CUP allows these special uses while imposing certain conditions to insure that the purpose and intent of the Ordinance is carried out [Section 5.6(1)]. Variance. A variance from the strict application of the Ordinance is allowed where there are practical difficulties or undue hardships. The Ordinance reads, "Undue hardship as used in connection with the granting of a variance means the property in question cannot be put, to a reasonable use if used under conditions allowed by this Ordinance and the hardship is due to circumstances unique to the property, not created by the landowner, and the variance, if granted, will not alter the essential character of the neighborhood" [Section 5.5(1)]. The variance criteria is outlined in the Zoning Ordinance [Section 5.5(5)], and includes: (1) special conditions apply to the structure or land in question that are peculiar to such property and do not apply generally to other land or structures in the same district; (2) variance is necessary for the preservation and enjoyment of property; (3) adequate supply of light and air will be available to adjacent property; (4) the congestion of public streets will not be reasonably increased; (5) the danger of fire or public safety will not be increased; (6) property values will not be impaired in the surrounding area; (7) health, safety, comfort or morals will not be impaired; (8) variance will not merely serve as a convenience, but is necessary to alleviate undue hardship or difficulty. Evaluation of Request Conditional Use Permit - The addition of the attic was made to an existing garage structure that was in size conformance with the Ordinance at the time it was originally built. However, it is now a non -conforming structure. The Ordinance allows the normal maintenance or necessary alterations "which do not intensify the non -conforming use" [Section 4.3(9)], or increase the "bulk of the building" [Section 4.3(10)]. This addition has intensified the use and bulk of the building. Variances - The applicant has not demonstrated an undue hardship or practical difficulty for a variance to the size, height and location of the garage . No special conditions that apply to this particular property have been identified; the addition is not necessary for the preservation and enjoyment of the property, and it may impact the adjacent property. Action Requested. Mr. John Alhu contacted the City to invite Planning Commission members to view the garage addition from his home at 641 IstAvenue. The Planning Commission can recommend: (1) Approval (2) Approval with conditions (3) Denial City of Mendota Heights Planning Commission Card Variance Request November 25, 1997 Page 3 Planning Staff Recommendation: Staff recommends the Card's request for a Conditional Use Permit and variances be denied because this addition is an expansion of a non -conforming use, and a hardship has not been demonstrated for the requested variances. This situation is complicated by the fact that the external improvements to the detached garage have already been completed; however the applicants did not seek a building permit, which would have triggered this review prior to any new construction. If the Planning Commission recommends approval of this request, provisions should ensure that the accessory building will only be used for private, personal dance rehearsals, not be used as a practice facility for small or large groups or as a dance business and not be used as a home occupation office or living quarters. MATERIALS REVIEWED: 1. Application for consideration of a Planning Request, signed and dated November 6, 1997. 2. Letter of Intent from Joe, Pam and Trump Card, dated November 6, 1997. 3. Drawings showing the location and a section of the garage and addition. 4. Photos of garage addition. nAJAk City of ..�JA Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application Fee Paid Applicant Name: 4f''rJ -rC:5 � D _ Pti:_ (Last) 97irst) (1141) Address: -C,- ch ! %c r (Number & Street) (City) (State) (Zip) Owner Name:Gl iZ1.5_67 D / (fit) ! (First) (:Lin Address: ----- (Number & Street) (City) (State) (Zip) Street Location of Property in Question: C �47 ��''�� S - Cl_<- L-- Pt Legal Description of Property: S/r►: % ���� S •�'�! ? 10��_'` Type of Request: Rezoning O Y, Variance Conditional Use Permit Subdivision Approv' Conditional Use Permit for P.U.D. Wetlands Permit Plan Approval Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number 7,260) 7-`> '1 Section Present Zoning. of Property Present Use Proposed Zoning of Property Proposed Use I herebv declare that all statements made in this request and o the additional material are true. Ci4LUrc of Applicant) _ 11/3/2 7 (Date) (Received by - Title) 1101 Victoria Curve • Mendota Heights, MN - 55118 (612) 452-1850 • FAX 452-8940 Cc `% r �r'Ga 5 •d L--7 m�I��rli on v✓af(f "Dom 0 a X07 1 1i--7 't'."sa�J� �,47 G 4-1f 6�,tq,t_e Lq e'Z Playing his Mendota Heights Tfum boy cast in movie filming in the Twin Cities ............................................................... By Jeff Desannoy Minnesota Sun Publications ying his hair red isn't the only unpleasant part of acting for Nicholas Card. Bullies beat him up Sept. 9 at Homecroft Elementary School in St. Paul and a produc- tion crew filmed it. The 10 -year-old Mendota Heights actor plays a young version of Eddie, the main character in "The Naked Man," an independent feature filming in the Twin Cities for six weeks. Nicholas, called Trump or Trumpie by his friends and fam- ily and named by his father, Joe, is a fourth -grad- er at St. Joseph's School in West St. Paul. He enjoyed filming the fight scene where he is shoved around, picked up by his underwear and thrown through the air. "I was falling down and screaming," Trump said. "It was fun, but I don't like getting beat up." He has at least six scenes in the film. "The Naked Man" stars Michael Rapaport as Eddie Bliss, who is a chiropractor by Nicholas "Trump" Card, 10, dances at LaJan Abbott/Minnesota Sun Publications rkin Studio in Maplewood. day and a wrestler by night. Rapaport has starred in "Beautiful Girls" and "True Ro- sever- al smaller Hollywood roles, in- mance." "It's a weird movie," said cluding the murderous skin- Trump's mother, Pam Card. head in "Higher Learning," Su- perboy in "Copland," and in ACTOR To Page 12A Actor: `Naked Man' script co -written by Ethan From Page lA The script was cc -written by Ethan Coen, the producer and writer of"Fargo," and "The Naked Man" director J. Todd Anderson. Film locations have included Como Park and the Army Corps of Engineers Building in St. Paul, the Veterans Ad- ministration Hospital in Minneapolis and the Deephaven Education Center. The production includes more than 40 local actors and 60 local crew members. Trump is excited to have a part. He was planning his second day of filming Sept. 16 to complete the fight scene. "That's where I jump off the tram- poline, fly through the air and land on a mat," Trump said. Trump's first movie role was as an extra in "Feeling Minnesota," which was filmed partly in Minneapolis. "I got to meet Keanu Reeves," Trump said. "I got his autograph." "My first acting try out was for a cere- al commercial and I did not want to go," Trump said. "I don't remember what I did but I walked out." The next year he got more interested in acting. "I like the food," Trump said. "They cater it and I can eat all the time." He also enjoys having members of the movie crew wait on him. "They're always saying, "Are you hungry? Do you need a drink?'" In addition to feeding Trump, the pro- duction crew works carefully with him — they clear everything with his mother be- fore Trump does anything. "I don't worry about him acting in this movie. Because it's filmed here in the Twin Cities and most of the crew is from here, I don't worry much," she said. "Had he been acting in Los Angeles or New York, that would be a different story." Before Trump could act in the movie, Card signed child labor and tax forms for her son. "The production company is real orga- nized," Card said. "Every day I get a sheet of what's happening in each scene and directions to the set." Trump has missed three days of school while filming scenes. In addition to acting, Trump likes to dance and perform in front of people," Card said. "I think that's what started his interest in acting. I figured we would try it and see how it went. I figured `What- ever happens, happens.'" Although he wants to be in action movies someday, Trump enjoys dancing. He dances tap, ballet and jazz at Larkin Dance Studio in Maplewood, where six other boys are in his class. He's attended for five years. Every year in a competition he dances a solo. Gymnastics, dancing, football, base- ball and hockey also receive Trump's at- tention and participation. "I like to keep busy," he said. "We make sure he has free time to do nothing, so he knows you don't always have to be doing something," Card said. Trump, an only child, still takes time to act his age: He likes to play in his fort, paint and draw, but he also looks forward to the future. "I want to go to New York and dance someday," he said. "I've put on quite a bit of miles," Card said. She has averaged 25,000 miles the last two years as she has driven Trump to his extra -curricular activities. Even though acting allows Trump to work in a world run by adults, he still gets treated his age. Card said "The Naked Man" will be rated R. "You can only see the little part you're in," Card told her sbn. Trump disagreed. In addition to Trump, there are five children from southern suburbs in the movie. Tracy Christofore, 9, of Eagan plays the girl who tells a teacher bullies are beating up Trump. Tracy also appeared in another movie shot in the Twin Cities, "Jingle All the Way," starring Arnold Schwarzenegger, Phil Hartman and Sinbad. After filming her scene in "The Naked flan," Tracy took questions from Homecroft Elementary School stu- dents who were allowed to watch the filming. Nick Britt and Jon Roslansky, both 17 and from Burnsville, took part in the filming of the wrestling day at the Deep - haven Education Center. Jesse Nlorse of Lakeville and Megan Crosby of Burnsville have roles in the film. ?Marion Schniegenberg, associate pro- ducer of "The Naked Man," said the re- lease date of the film will be determined in 1998. NOV-04-97 10:37AM FROM -Independent Abstractin¢ Servicas, Inc. 6127899294 T-798 P 02/25 F-509 Independent Abstracting Services, Inc. WP 4111 Central Avenue NE Minneapolis, Minnesota 55421 612-789-8440 FAX 612-789-9294 Abstracters Certificate LEGAL: Lots 1 and 2, Bloc. 1, T. T. Smith's Subdivision No. a. Independent Abstracting Sezvices, Inc. does hereby certify that it has made a search of the public records of Dakota County, Minnesota and disclose the names and addresses of the apparent owners within a radius of 350 feet of the above referenced property which consist of entries numbered 1 thru 22, inclusive, on Exhibit "All attached hereto. Dated this 20th of October 1997 Independent Abstracting Services, Inc. EXHIBIT "All FEE OWNER 1. Timothy J. and Amy M. McManus 655 Brookside Lane Mendota Heights, MN 55118 2. Ind. School Dist. 197 1037 Bidwell Street Mendota Heights, MN 55118 3. John P. and Ella D. Albu 641 15r Avenue Mendota Heights, MN 55118 4. John P. and Ella D. Albu 641 1" Avenue Mendota Heights, MN 55118 5. Warren J. Jr. and Joan Robinson 660 Brookside Lane Mendota Heights, MN 55118 6. Domenico A. and Anne Pagnotta 657 1sr Avenue Mendota Heights, MN 55118 7. Rod Felsheim and Aarti Bhate - Felsheim 650 1s': Avenue Mendota Heights, MN 55118 8. Jack A. Harris 646 1" Avenue Mendota Heights, MN 55118 9. David W. and Catherine Wolff 644 1st Avenue Mendota Heights, MN 55118 PID# 27-69702-162-02 Taxpayer: Same Property Address: Same PID# 27-69702-151-01 Taxpayer: Same Property Address: Same PID# 27-69703-081-01 Taxpayer: Same Property Address; Same PID# 27-69703-090-01 Taxpayer: Same Property Address: Same PID# 27-69702-020-05 Taxpayer: Same Property Address: Same PID# 27-69702-160-05 Taxpayer: Same Property Address: Same PID# 27-69703-020-02 Taxpayer: Same Property Address: Same PID# 27-69703-030-02 Taxpayer: Same Property Address: Same PID# 27-69703-040-02 Taxpayer: Same Property Address: Same 10. Stanley A. and Amanda J. Uggen 1415 Dodd Road Mendota Heights, MN 55118 11. Theodore and Mary Cruz 1435 Dodd Road Mendota Heights, MN 55118 12. James M. and Mary M. Ziemer 641 2nd Avenue Mendota Heights, MN 55118 - 13. Christian--and--Sandra- Hinding__ 1395 Dodd Road Mendota Heights, MN 55118 14. Robert J. and Carole Holt 1385 Dodd Road Mendota Heights, MN 55118 15. Robert H. Shulstad 1399 Dodd Road Mendota Heights, MN 55118 16. Sommerset Country Club 1416 Dodd Road Mendota Heights, MN 55118 17. Independent School District No. 197 1037 Bidwell Street Mendota Heights, MN 55118 18. Robert B. and Lynn M. Krueger 646 Brookside Lane Mendota Heights, MN 55118 19. Elizabeth Anne Crea 650 Brookside Lane Mendota Heights, MN 55118 PID# 27-69703-080-02 Taxpayer: Same Property Address: Same PID# 27-69703-110-02 Taxpayer: Same Property Address: Same PID# '27-69703-130-02 Taxpayer: Same Property Address: Same PID# 27-69703-051-01 Taxpayer: Same Property Address: Same PID# 27-69703-030-01 Taxpayer: Same Property Address: Same PID# 27-69703-070-01 Taxpayer: Same Property Address: Same PID# 27-03800-010-54 Taxpayer: Same Property Address: Same PIDi# 27-03800-010-23 Taxpayer: Same Property Address: Same PID# 27-69702-050-06 Taxpayer: Same Property Address: Same PID# 27-69702-070-06 Taxpayer: Same' Property Address: Same 20. William and Iva Ullman 651 lsr Avenue Mendota Heights, MN 55118 21. Robert and Majorie Licha 649 ls` Avenue Mendota Heights, MN 55118 22. Kevin D. and Marla Okeefe 645 ls` Avenue Mendota Heights, MN 55118 PID# 27-69702-080-06 Taxpayer: Same Property Address: Same PID# 27-69702-090-06 Taxpayer: Same Property Address: Same PID# 27-69702-110-06 Taxpayer: Same Property Address: Same I L. LA'! tj �V ~'� •(i Li1., j ti Gi t !' 7 / r ✓ z. al { tGL�-t i cls f-L•a. Li L �'ti t%tt �<'. C C i5 1L ��, •� 'e'J 1 c2 6 .>l�% °�• sy,hJ; j": &, LN', �'Ct w�P/ (: /A w iv WFbKti'F� I. City of Mendota Heights Conditional Use Permit Checklist Date: Applicant: Phone # / Fax #: Location of Property: Other Approvals Needed: Case No: Relevant Ordinances/Sections CITY PROCESS 6u GE Applications will be scheduled for consideration by the Planning Commission and/or the City Council only after all required materials have been submitted. Late or incomplete applications will not be put on the agenda. If proper anal complete application materials and supportive documents are submitted by L (date) then the public hearing or review of your case will be con li- ucted by the Planning Commission on (� (date). Following completion of the public hearing, or Planning Commission review, the City Council may consider your application on(date). APPLICANT REQUIREMENTS The following materials must be submitted for the application to be considered complete: a. Fee: C($350 Normal, 500 for Planned Unit Development) .�c_b. Completed Application Form .I -4--nc-c. Letter of Intent d. Abstract Listing of owners located within 350 feet of property. By State Law, this must be provided and certified by an Abstract Company. ` All applications for a conditional use permit which are initiated by the petition of the owner or owners of the property in question shall be tilled with the City Clerk no later than twenty-one (2 1) days preceding the next regularly scheduled Planning Commission building. All applications for a conditional use permit shall be accompanied by twenty (20) copies of a set of plans and graphics containing the following information and folded, where necessary, to the size of eight and one-half by eleven (8 1/2 x 11) inches. The Site Development Plan shall include: 9TH1. Location of all buildings on the property in question including both existing and proposed structures. 2. Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in question. Z o 12, 45� -{ , -+ hc, I Floor area ratio.— i Aa 4. Location and number of existing and proposed parking spaces. 5. Vehicular circulation. 1�6. Architectural elevations (type and materials used of all external surface). ii I�- 7. Sewer and water alignment, existing and proposed. NN N 8. Location and candle power of all illuminaries. UJI 9. Location of all existing easements. 1 The Dimension Plan shall include: �1. Lot dimensions and area. ,tc- 2. Dimensions of proposed and existing structures. �G3. "Typical" floor plan and "typical" room plan. 0! c_4. Setbacks on all buildings located on property in question. �+ 5. Proposed setbacks. The Grading Plan shall include: L41. Existing contour. 2. Proposed grading elevations. �U �} 3. Drainage configuration. 4. Storm sewer catch basins and invert elevations. 2 h(- 5. Spot elevations. 6. Proposed road profile. The Landscape Plan shall include: I. Location of all existing trees, type, diameter and which trees will be removed. i U2. Location, type and diameter of all proposed plantings. 3. Location and material used of all screening devices. Note: Dated originals plus twenty dated copies of all of the above materials, including this checklist, must be submitted in person to Kim Blaeser, Senior Secretary by noon on the first Tuesday of the month. All materials larger than 8%" x 11" must be folded to that size. (Note: Copies of this completed form will be given to both the applicant and the Senior Secretary.) Notes: J City of Mendota Heights Variance Checklist Date of Pre -Application Meeting: Applicant: Phone # / Fax #: Location of Property: Other Approvals Needed: Case No: Relevant Ordinances/Sections CITY PROCESS 4/ r tH pF 1 \,V L -Y, 'WA Y, �CUF4-V14 c GOT Applications will be scheduled for consideration by the Planning Commission and/or the City Council only after all required materials have been submitted. Late or incomplete applications will not be put on the agenda. If proper and complete application materials and supportive documents are submitted by I1'' 4 % (date) then the public hearing or review of your case will be conducted by the Planning Commissionon —'Z —C/ (date). Following -Cf-7r completion of the public hearing, or Planning Commission review, the City Council may consider your application on (date). APPLICANT REQUIREMENTS The following materials must be submitted for the application to be considered complete: a. Fee 50 Residential, $100 Commercial) :�6c_b. Completed and Signed Application Form c. Letter of Intent summarizing the proposal, including an explanation of hardship or practical difficulty justifying the variance. d. Abstract Listing of owners located within 100 feet of property. By State Law, this must be provided and certified by an Abstract Company. ,c e. Sketch plan showing all pertinent dimensions, and including the location of any easements, having an influence upon the variance request. f. Written consent by the owners of property within 100 feet of the boundaries of the property for which the variance is requested, accompanied by a map indicating the location of the property in question and the location of property owners who have given consent. If the signatures of all neighbors within 100 feet of the property in item (f) are not obtained by _ then the City will mail a notice to all residents within 100 feet of the owner's rope at least 10 days in advance of the Planning Commission meeting on . The Planning Commission will open a public hearing at the meeting and allow residents to speak on the subject of the Variance. If the signatures in item (f) are obtained by , then the City will not mail notices to all neighbors within 100 feet of the property and the Planning Commission may waive the Public Hearing at its meeting on '�(7f it so chooses. There is no publishing requirement for a Variance. gE g. If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. h. If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the City's Public Works Director. Dated originals plus twenty dated copies of all of the above materials, including this checklist, must be submitted in person to Kim Blaeser, Senior Secretary by the aforementioned date. All materials larger than 8%" x 11" must be folded to that size. (Note: Copies of this completed form will be given to both the applicant and the Senior Secretary.) Notes: 2 DEO-Ul-97 MON 02:47 PM DAKOTA COUNTY HRA FAX NO. 6124238180 ysa-- MEMORANDUM TO: Kevin Batchelder City of Mendota Heights FROM: Lee Smith DATE: 1211 197 RE: Housing Rehabilitation loan Activity I have reliable information on Housing Rehabilitation Loan Program activityforthe years 1991 through 1997. �- In 1994 we completed 3 Housing Rehab Loans in Mendota Heights. - - totaling 545,000_ In 1995 we completed 5 Loans. totaling S67.777. In 1996 we completed 1 Loan for 510.217. In 1997 we have not made a loan in the City of Mendota Heights. We have one applicant in process, but this person has not submitted all necessary documentation to us as of today. We feel that there are homeowners in the Citywho would be eligible and have Housing Rehabilitation needs. butwe need to determine how to reach those persons through our advertising and publicity activities. Please call me with questions. OLC-C-Ouvl� b�km v\ CL 1C� Of,I Dec. 2 I' an -�:uvt&-k�� ZSt -7 Oy L{L(I ooa (o � , -70L-( P. 01 • UI \II • • •1 November 26, 1997 To: Mayor and City Council From: Kevin Batchelder, City Administrator Subject: CDBG Application - Status Report on Rehabilitation Loan Program DISCUSSION At the November 18, 1997 City Council meeting, the Council reviewed the HRA's application for the use of our Community Development Block Grant (CDBG) monies in 1998. In 1997, the City's allocation was earmarked for the Low Income Rehabilitation Loan Program, which provides loans to homeowners for upgrading and improving their homes. The -1997 allocation became -available on July 1,- 1997. -'-- The.-..- The City Council requested a status report on this loan program to assist their decision in making application for CDBG funding in 1998. Specifically, the City Council desired to know how many loans have been issued under this program in 1997 and in previous years that money has been allocated for this program, how many loans have been paid back, and the status of the revolving fund that administers these loans. In addition, Council desired to know what appropriate uses, or alternative programs, that are eligible for consideration. The Dakota County HRA was contacted and has indicated that they will prepare this information. As of the writing of this memo, we have not yet received the HRA's report. If it is received prior to Tuesday evening's meeting, it will be placed on Council's agenda for discussion. If it is not received by that date, this item may be considered at the December 16, 1997 Council meeting. Acknowledge the status report on the Housing Rehabilitation Loan Program and provide staff with direction on completing the application for CDBG funds in 1998. t .*i A�•, HOW-illi' '�KC T'�`w �f�� i INh-I Fith �t \\' R nrtn ntnt. \i\ ii�'(i\ • T.D 1) 012.4 i•�I�_ F:\\ hl_'-i_'' `�� MEMORANDUM TO: Participating Cities and Townships in CDBG District 2 FROM: Lee Smith, Dakota County HRA DATE: 10/21/97 RE: Dakota County Community Development Block Grant (CDBG) Program Application for 1998 Enclosed is the application form for Dakota County's Community Development Block Grant Program for Fiscal Year 1998. This form, with supporting documentation and a resolution of the governing body of the municipality (a form of resolution is provided for your information), must be returned to the Dakota County HRA no later than December 31, 1997. The funding amount for FY1998 is not known at this time, but is expected to be about the same as in 1997. Based on the 1997 funding amount and the most recent formula allocation provided by the U.S. Department of Housing and Urban Development, District 2 would receive approximately $445,000 as its share of the County's grant. We suggest that you use the above funding amount as a guide when preparing your 1998 application. We will notify you when the 1998 funding amount is known so that application requests may be amended if necessary. Funds are generally awarded to applicants within the District on a competitive basis; the contribution of each City to the total District allocation (which is largely a factor of population) is also considered when funding recommendations are made by the District 2 CDBG Committee. For your information, a breakdown of each City's percentage contribution to the total District funding according to the current HUD formula is enclosed. CDBG Program funds generally can be used for projects that provide a benefit to persons of low and moderate income or that "AN ELL AL OPPORTL\IT'i EMPLOY -ER" aid in the elimination of slums or blighted conditions in communities. If you have questions about the program or about the eligibility of proposed activities, please call this office. Questions should be directed to me at 423-8113 or to Diane Nordquist at 423-8112. Either of us will be happy to assist you in preparing an application or in documenting the eligibility of'a proposed activity. CDBG recipients with on-going projects may also request reallocation of unused funds at this time, if desired. Please call us to discuss the reallocation process. CDBG Program funds for FY1998 will not be available for commitment to Proiect activities until after July 1, 1998. In order to meet all documentation required for funding approval by the Department of -Housing--and-Urban-Development- we - must ..begin -the _.application process at this time. Your cooperation in meeting the proposed application deadline will be greatly appreciated. We look forward to working with you in 1998! 1 Inver Grove Heights 34.26'; South St. Paul 31.32% West St. Paul 25.26% Mendota Heights 8.3016 Lilydale .35% Sunfish Lake .3516 Mendota .1716 i Dakota County Community Development Block Grant Proposal Fiscal Year 1998 Legal Name of Applicant Legal Address of Applicant Community Development District City State Zip Contact Person Title Project Name Brief Description of Project Amount Requested Phone Number 1. Has this project received CDBG funding before? Yes No 2. Project duration: One Year Other (Specify): Proposed beginning date: Proposed completion date: 3. Grant funds will be used for: Acquisition Clearance Activities Disposition Economic Development Planning Public Facilities Public Services Rehabilitation Other (Specify) : 4. Federal objective addressed (attach documentation): Benefit to low and moderate income persons -� Total number of persons benefitting: Percentage of low/moderate income: Aid in the prevention or elimination of slums and blight Alleviation of urgent community development need 5. General description of the project (include project goals and importance to community) - attach additional pages if needed: 6. Description of project area (attach map): Census tract/block group(s) included in area: 7. Construction schedule: Not Applicable Applicable If applicable: Estimated date construction will begin: Estimated date construction will be completed: 8. Project cost: Total project cost: $ Amount of C.D. Grant requested:$ (Percentage of total project cost): 9. Source and amount of other revenue: 9. Budget summary by activity: Activity CDBG Other/List Source Total Source• Source• $ $ S Source• $ $ S Source: 10. Additional supporting items submitted with proposal (check if attached): Benefit documentation (See question 4) Resolution of governing body requesting grant Additional project information Map or sketch outlining project area Professional's certification of feasibility and accuracy of scope and budget (engineer's, architects, etc.) Letters in support of project/or letters of commitment Other (Specify) : Certification I certify that the statements and application requirements of this official proposal are correct and that this proposal contains no misrepresentation or falsifications, omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief, and that no bids have been awarded, contracts executed, or construction begun on the proposed project, and that none will be prior to issuance of a Release of Funds Notice by the program administrator. Signature of Authorized Official Title Date CITY OF DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF FOR FISCAL YEAR 1998 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE IT RESOLVED by the City Council of the City of as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 1998. 2. The application is approved by the City Council and the Mayor and Deputy City Clerk are authorized to execute it on behalf of the City of 3. That the Dakota County HRA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of this day of 19_ Ayes: Nayes: ATTEST , Deputy Clerk , Mayor CDBG FUNDS ASSIST RENOVATION OF FARMINGTON EXCHANGE BUILDING The Community Development Block Grant (CDBG) Program administered by the Dakota County Housing and Redevelopment Authority has been successful in meeting a variety of needs throughout Dakota County. The HRA has had the responsibility of administerino, the program since 1984 and in that time many projects throughout the County have been funded. Through the CDBG Program the City of Farmington has received over $440,000 in funds to acquire and renovate the exterior of the Farmington Exchange building. The building, located on the comer of Third and Oak Streets, was originally constructed in 1880 and has been vacant for several years. Peeling paint and boarded windows made the property a hard sell to potential commercial tenants. Thanks to the combined efforts of the City of Farmington City Council and staff and the Dakota County Housing and Redevelopment Authority the building has avoided its once almost certain demise. Restoration efforts included stripping and repainting brick and cornices, cleaning the keystone over the windows and replacing old windows with more energy efficient ones. The building is now a mirror image of what it once used to be. Farmington Exchmige Building R5 Z rz -IMEES V LY k Whh�ie=7,--146- 3 :---Jnside­' Viewpoint.2 Rehabloans. . ....... 3 Parkview Pla`z-a­­'. . R �"Heights Terrac iver e ...... 5 Employee Spotlight ......6 December 2, 1997 To: Mayor and City Council / �(�j From: Kevin Batchelder, City Adminis� Subject: Sibley Activity Center Mayor Mertensotto received a letter of request from Mr. Thomas Weisbecker, School Board member and Chair of the Finance and Facilities Committee - District 197 School Board, regarding the City's interest in the proposed Sibley Activity Center. (Please see attached November 26, 1997 letter and attachments.) Mayor Mertensotto has requested that this item be placed on tonight's City Council agenda for consideration by the Council. Enclosed with the attachment is an outline of the proposed Sibley Activity Center and a resolution adopted by the School Board in November. Also enclosed is a copy of the November 12, 1997 letter of request from the City to the School Board seeking information about the process and cost for the petition for referendum. We have not yet received a response from the School District to our request. Consider the letter of request from the School District and provide staff with the appropriate direction for action. IN eCpFt�4 C,F INDEPENDENT SCHOOL DISTRICT 197 �+► THE BEST PLACE To LEARN OS�OOL DIS�'� November 26, 1997 Charles Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Heights MN 55118 Dear Charles: Some weeks ago a group of citizens presented a petition to the Board of Education calling for a special bond election to finance the construction of an activity center on the campus of Henry Sibley High School. A copy of their proposal is enclosed. The petitioners have represented to the School Board that your organization would be willing to commit to renting a portion of this proposed facility for an extended period of time. Based on the presumption that your organization would make a financial commitment to rent space from us. I am acting on a directive from the Board (see enclosed resolution) to determine your financial commitment to this project. In addition, I am also inviting you to participate in a community involvement process in the coming months to determine the community need for such a proposed facility. I am requesting a written response at your earliest convenience regarding your interest in a financial commitment to this project. I also would like to know your interest in attending meetings with an architect to discuss this project. I understand how busy this time of year is for you. I would thank you in advance for your attention to this matter and for your anticipated response to these invitations. The Board has requested a written response regarding your willingness to make a financial commitment for rental of this proposed facility. Please feel free to call Karen Moss (681-2396) if you are interested in participating in these community sessions. Sincerely, Thomas V. Weisbecker, Chair Finance and Facilities Committee Board of Education c: Board of Education DISTRICT OFFICES • 1897 DELAW.\RE A%-E\L:E • NIEXDOTA HEIGHTS, MINNESOTA • 155118 (612) 661-2:300 FA\ (612) 681-9102 TDD (6121452-15:37 SEW\ING WKST ST. PAI L. NIENDOT-% Hmt;iIT>, EA';AN. MENhuTA SI \F'irll LAKE, LII,SIIA!.t:. :\Nh (\1'I:R Gl(()%F. Hh.1t:M'S M EPV1OR NDUN1 TO: Directors, Board of Education FROM: David Jackson DATE: Wednesday, August 27, 1997 RE: Proposal for Sibley .-activity Center :attached is a proposal for the Board of Education to consider at' its 9/1,97 meeting. I will request that we add this item to the agenda this coming Tuesday evening for discussion. A resolution for a ballot question will be prepared and submitted prior to the Board's last regular scheduled September meeting on the 15th. The resolution will request District voters to approve the sale of bonds to construct the facility. The bond proceeds expenditure will be contingent on the establishment in trust of an Operating Loss Escrow Fund, eventually administrated by the District to offset any possible future operating losses in the facilities first twenty (30) years (completing the bond obligation) of service. Included with this memorandum: •"-Facility"Fact-Sheet_—-_ �- -' • Computer Renderings • Schematic Plans • Design & Construction Costs Analysis Compiled with Kraus -Anderson - Building Division and The Architectural Alliance `° • Bond Payment Schedule • Activity & Facility Use Schedule • Comprehensive Twenty-one Year Operating Expense, Bond Debt & Interest and Revenue (conservative) Generation Schedule With the recent -discussion of relocating the District's Grounds -Maintenance Facility this proposal was :eviewe;: by the contractor. architect and Dis«:ct residents for compatibility. The collective response to the query was that proposal presented two or three options for a permanent District's Grounds -Maintenance Facility. Key components in theproposal are. 1. } The Facility generates enough revenue from opening to support itself in all respects including all Bond debt. 2.) The establishment of a Operating Loss Esc -.ow Funs: to of:se: any possible future operating losses in the facilities first t%venty (20) years 'completing the bond obligation) of service. The :acty is designed as separate componen:s. flexible design. If a t-ver.t.: - _0) year rental commitment with three major municipalities the District Sc ;cs ees not come to nuion :he comc<,,nea is reduced or e;iminated. is cr::c(, sa: ^as no individual ��r ,rc)uC >=s its aut (>r. It m,;is bore of causal conversation. and 'c •� ,r< -a:n%: District .esidents %vitGr,--t the "cncC?ts ,f in,; :ormal committee structure. I :t !(, '•iii_ ror `our consi-,:e,:_,uon as :3110:==',cS. I look r,)r and io our discussion of this c : ening= Dr R mac: t Nlon-,,n F.\C.-I• SHE['T ' SIBLEN• ACT[VITY CENTER I. Si.�t(�t: Ct��t�tuvrry Ci?Nrt:t: - 11.875 sQur�R:r. Fi:R{r • Orrice Spice • Clans Room space • Imrntdiate adjacent parkin`, • Elevator Service Set, ins, Kitchenette • Design all( -,%•s Future Expansion - Growth II. ICE ARLENA - 35,000 SQUARE Ft:ET • NHL sized Ice Sheet Seatln`- for 1,000 - ivleets Suburban Conference Requirements • Permanent Varsity Locker Rooms for: Saint Tnomas Sibley (boys & girls) Visitation • Coaches & Referee's Rooms -- -- -- •- --Six (6) -team changing -Rooms -(in addition to -Varsity)-- __ Expansion - :addition of Changing Rooms capabilities • Concessions • Bathrooms • Batting cages (seasonal) • Facility Management Office - Small Conference Room III. SOCCER DOME - 30,000 SQUARE FEET PLAYING SURFACE • it supported structure - Clear span (;6 vear service expectancv) • �5'-0'' clear center span • -0" corner clear heiahts • Per:meter Walking surface (Senior Citizen use) • Football & Baseball capabilities (seasonal) • �:it c;al Turf (over light sand or cushion base) • 55 Degree (F) ambient air temperature in mid -winter I V. Benefits • Ne`.v Parking Lot • Gra(_'uation Exercises Saved Wilkins ,-auditorium rental expense an.nuai • Save,_` Hockey Team Transportation Expenses . pra( ace & games) • C... c .c i to Sibley Hit,*n Sc,,00t titchen & Caterini7 Ac::es, �C;,rnt Room .� G`lr - siirn Acc;:s.i Room .atter hO��.s ;lcc�sst H C . 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A A 1; G Sibley A ctivity Center REVENUE Horn DATA Total S4,100,000.00 Annual Interest Rate 7.25% lit 04 Term 20.00 tt of Payments 2.00 1st Payment Due 9/15/98 Seml-Annual Payment $195,731.23 S3191,463.47 S 195,731.23 S4,100.000.00 $ L00 S(J.(J(I Payment Ilcginning I Ending Cumulative No. Date Balance Interest Principal Balance Interest 1 9/15/98 S4, 100,000.00 $148,625.00 $47,106.23 54,052,893.77 51.13,625.00 2 3/15/99 $4,052,893.77 S146,917.40 5.13,813.8.3 54,004,079.93 5295,542.40 3 9/15/99 54,004,079.93 S145,147.90 $50,583.3.1 $3,953,496.59 $440,690.30 4 3/15i00 53,953,496.59 5143,314 25 552,416.98 53,901,079.61 558.1,004.55 5 9/15/1)0 S3,901,079.61 5141,414.14 $5.1,317.10 $3,346,762.51 $725,418.68 6 T 3/15/01 $3,346,762.51 v$139,445.14 T$56.286.09 53,790,476.41 5864,863.82 7 9/15i01 $3,790,476.41 5137,404.77 $58,326.46 53,732,149.95 S1,002,268.59 3 3/15/02 $3,732,149.95 $135,290.44 560,440.80 53,671,709.15 S1, 137,559.03 9 9/15102 53,671,709.15 $133,09946 $62,631.73 53,609,077.37 $1,270,658.49 10 3/15/03 $3,609,077.37 5130,829.05 $6.1,902.18 53,544,175.19 $1,401,487.54 11 9/15/03 53,544,175.19 5128,376.35 567,25.1.88 $3,476,92031 51,529,963.39 12 3/15/04 53,476,920.31 5126,038.36 569,692.87 S3,407,227.43 51,656.00225 13 9/15/04 S3,•107,227.43 $123,511.99 $72,21924 S3,335,(x)H.19 S1,779,il425 14 3/15/05 53,335,008.19 5120,894.05 S74,337.19 S3,260,171.01 SIM)0,408.30 15 9/15/05 53,260,171.01 5113,131.20 $77,550.04 S3, 182,620.97 S2,013,589.49 16 3/15/06 53,182,620.97 5115,370.01 580,361.22 53,102,259.74 52,133,959.50 17 9/15i06 53.102,259.7.1 5112,456.92 $83,27.3.32 53,018,985.13 S2,246,416.42 18 3/15/07 53,018,985.43 5109,438.22 586,293.01 52,932,692.41 52,355,854.64 19 9/15i07 S2.932,692.41 5106,310.10 589,421 14 S2,843,271.23 52,462,164 74 20 3/15108 $2,843,271.23 3103,068.58 592,662.65 52,750,608.63 S2,565,233.33 21 9/15/08 S2,750,608.63 599,709.56 $96,021.67 S2.654,586.95 S2,66A,942.89 22 3/15/09 S2,654,586.95 596,223.78 599,502.46 52,555,084.50 S2,761. 17 1.67 23 9/15i09 52,555,084.50 592.621.81 $(03,10942_ .S2,451,975.07 S2,353,:9.143 24 3/15i10 $2,451,975.07 588,884.101 S106,84-1 14 52,345,12794 S2.942,677.57 25 )il5/10 S2,345,127.94 585.010.39 S110,720.351 '52,234,407.59 S3,027,o33.46 2h 3115i l S2,234,407.59 580,997,28 $114,733 96 152,119,673.63 S3,103,n85 74 `u15ill S'_,119,673.63 j 576,638.17 SI 18,393.;)' '5'_.UINI,i311.:n ! ;3,!35,;_3'11 i =y ' 3;15.1_ I )_'.000,7NO Sri ` S72.52_3.30 I S I'_3.=0=.•is i S 1.877, i77.n'_ S3,_: S ui2 'n - . 0 15: I ' i I.5? 7,577.u2 Sh,i.0h2.11) 31 27,n1d) 1'S I I, /4'1,'11 lx it 3 3/I5/13 51,741,)118.58 56343419 $13_,_)r.J5 SI,fiI7,h11.53 53.3511,;455,kj 31 9/15113 SI,n17,011.53 358.638.42 S137.092.,�2 S1,4;i11,518.?I 53443,136.99 32 r 3115 14 S1, 480,513.71 S53,668.80 S142.0621.:3 j S1,338.456._3 S3.501.355.80 I 33 ' 0.15;1, 51,333.450.23! 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S Z'`i=-- R: PROPOSED SIBLEl' Ac-rivI'rY CENTER Be It Resolved that the Board of Education of ISD # 197 hereby directs the Superintendent of Schools and Administrative staff to: (1) Send letters of inquiry, no later than l lr'6/97, requesting response(s) by 12/15/97 pertaining to the level of potential usage and /or interest if a community activity center housing, a Senior Center, Ice Arena, Soccer Dome and Swimming Pool were constructed on the Henry Sibley High School campus. The letter should qualify interest as being a possible rental contract, desire for separate locker room(s) and storage capacity etc. The term, in years, of such a possible agreement between the addressee and the District at prevailing market rates. Further, invite each addressee to assist or contribute, if so inclined, to defray the District's costs associated with statute MS § 121.15 pertaining to Review and Comment prior to scheduling a Special Election. Correspondence to potential users of this community activity center should be sent, but not limited to these groups, municipalities and organizations; Henry Sibley High School, Saint Thomas Academy, Visitation School, Saint Croix Lutheran High School, Mendota Heights Athletic Association, West Saint Paul Youth Athletic Association, Eagan Athletic Association, Sibley Football Boosters, Sibley Area Fastpitch Softball, Sibley Hockey Boosters, Sibley Band Boosters, Sibley Basketball Boosters, Sibley Area STING Soccer, Sibley Area Girls WINGS Hockey, Sibley Area Basketball Association, Saint Michael's School, Emanuel Lutheran School, Saint Joseph's School, Trinity Lone Oak Lutheran School, the Cities of Eagan, Inver Grove Heights, Lilydale, Mendota Heights, Mendota, Sunfish Lake and West Saint Paul. (2) Mail no later than November 19, 1997 the Request for Proposal soliciting professional services from consultant(s), including but not limited to those previously identified by the Task Force, that have demonstrated successful experience with this type of facility and the scope of this project as proposed in preparation for a bond referendum. (3) Direct the District's law firm of Rozak, Ratwick & Maloney, P. A. to; (a) solicit a written opinion from the Minnesota Attorney Generals office regarding perceived conflicts between MS § 121.15, Review and Comment and MS § 205A.05 Special Elections accounting for theses follow up questions; i) By virtue of the petition received pursuant to MS § 205A.05 is the Board compelled to incur cost associated with ivlS § 121.15, Review and Comment and; ii) If the Board is not obligated to incur cost required for the Review & Comment under MS § 121.15, is the Board; (a) obligated to, (b) permitted, or (c) prohibited from holding a Special Election without engaging in the Review & Comment process set forth in )NIS § 121? (b) The law firm of Rozak, Ratwick & Maloney, P. A. will request an expected time line for the written response from the Minnesota Attorney Generals office upon submission of the Board's inquiry and advise the Board in writing of the time line at the earliest date. (c) If the Minnesota Attorney Generals office is unwilling or unable to provide a response to these points the law Firm of Rozak. Ratwick & Maloney. P. A. is requested to provide the Board with its opinion regarding these points. (4) On 12/15/97 provide to the Board: (a) responses to letters of inquiry and how respondent address the items in paragraph (1) above and; (b) the balance the District must incur after calculating the total contributions or commitments to offset any pre-election expenses and: (c) how can these expenses be paid for under the District's 1997-1998 budget: (d) the responses to the Request for Proposal for professional services and status of the selection process for the same; (e) identify all surplus funds that will exist in the 1997-1998 District Budget to possibly cover the costs identified in the response to the Request for Proposal (pre-election consult�int(s)) and costs to hold the:Special Election. (= ) Extend an invitation to Task Farce members and all other interested residents to participate throughout the entire process of the Center project. City of ,'JA Mendota Heights 2 November 12, 1997 Mr. Gary Hagstrom, Chair School Board - Independent School District 197 1897 Delaware Avenue Mendota Heights, MN 55118 Dear Chair Hagstrom: The City Council, at their November 4, 1997 meeting, directed that the following inquiry be made relative to the petition for referendum on the proposed Sibley Activity Center. ------ -- - -- The information expressly sought is the step by step procedures necessary for the -Board to comply with the petition for referendum. Further, the Council desires to have an estimate of the entire costs that will be incurred by the School Board in conjunction with the petition. The City Council is seeking this information for the purpose of public discussion as it relates to the proposed activity center. Sincerely, CITY OF MENDOTA HEIGHTS 6,4,a 8,--t,-Lu� Kevin Batchelder City Administrator cc: City Council Dr. Robert Monson, Superintendent 1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940 CITY OF MENDOTA HEIGHTS November 26, 1997 To: Mayor and City Council From: Kevin Batchelder, City A r Subject: Closed Council Session to Discuss Labor Negotiations DISCUSSION Contract negotiation meetings have been held with the Law Enforcement Labor Services, Inc. (LELS). The Teamsters Local No. 320, representing the public works bargaining unit, has submitted a contract proposal in recent days. The current, one year contracts expire on December 31, 1996. A strategy session with the Council is requested following our December 2,-1997 meeting to discuss the -progress of the labor negotiations with LELS and to present the proposal submitted by public works for Council's consideration. Minnesota Statutes 471.705 allows Council to, by majority vote of the Council, hold a closed meeting to consider strategy for labor negotiations, including discussions of labor negotiation proposals. I recommend that Council pass such a motion announcing that the Council will meet in closed session immediately after we conclude our regular meeting business on December 2, 1997. AWN i_ I 11: _ 1 Council should adopt a motion to conduct a closed Council session, for purposes of discussing labor negotiation developments, immediately following the Council's regular December 2, 1997 meeting.