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
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December 2, 199Pv of Mendota Heights
Terno Check Number
20 -Police
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01-4210-070-70
30 -Fire
Terno Check Number 1
42
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80 -Planning
85 -Recycling
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6 Arnoak Sales
08-4335-000-00
solys
475.45
6
J
475.45
Totals Terno Check Number
6
=`
Teruo Check Number 7
•
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s
7 Aoach e _ _.._._..- _- _..
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01-43316-490-50
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7
19.81
T,:i-.1< Torn, check Number
7
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26 No,, .sr Claims List '
Wed n:uy nm oitx'or Mendota Heights |
remo Check Number a
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01-4330-445-40
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54-39
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10 Kevin Batchelder
01-4415-110-10
dec allow
120.0ra
133201
-73
Totals Temo Check Number
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13
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-T-ran-Gheck-Nuraber 1-4
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11 Board of Water Commissioners
01-4425-310-50
Oct Svc
11.96
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15-4425-310-60 Y 1-
Oct Svc,
111.96
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01-4425-315-30
17.94
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55
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12 Business Forms & Accta
01-4200-110-10
w 2's
18.35
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01-4300-020-20
w 2's
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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 .
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29'15
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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
—
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19 Continental Safety Ee
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19
—Number
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13 Carouest
01-4330-445-40
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14.37
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01-4330-490-70`
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01-4330-440-20
parts
25.60
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15 City of St Raul
16-4460-724-00
Svc conn hwy 110 frontage
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01-4435-2a@-7@
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142
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16
---Terno-Check-N urn ber 37
17 City of W St Paul
01-4435-200-70
17
Terno Check Number
17
—Totals
-----
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—
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18
-... _ ..Totals -Tetno•Check- Number ----
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19 Continental Safety Ee
15-4330-490-60
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19
recr proo 15.00
1 15.00 —•---- -_
--••-dec-Dr--ern -pail-tick--•--- 7'' �0 _ �=
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rors 376_84
376. 84
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Claims List
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City of Mendota Heights
'
' Tewo checx Number uw
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21
-Z-Number- Vend or, --N a rn e----
94.03
s
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r. 20Crawford Door
01-4335-310-50
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64.00
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15-4335-310-60,
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64.00
20 Crawford Door
15-4335-310-60
disc
77
/--Totals
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um
22 James Danielson
05-4415-105-15
dec allow
120.00
Temo Check Number al
21
94.03
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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
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Terno Check Number 24
j�5:
35-51
24
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uo First imoressions
01-4300-110-10
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67.45
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26 Firstar Trust CO
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? 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
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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
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ae Heartland Electrical
--
15-4330-490_60
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01 -4330 -*90-70
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325. 28
on
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.
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'
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15-4305-060-60
SDIYS4
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4.
37 Knox Commercial Credit
01-4330-490-70*
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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
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Ila.
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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
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28
22
43 Lucent Technolocies
01-4210-070-70
dec sve
11.26
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la+�
solys-
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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'
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Teruo Check Number 44
17
381
jzu,
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01-4 Z4_ -t t eLip
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44
30.00
42
43
12:
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ss
145!
25:
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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
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..-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'
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— 0-1� 4131•-0 r0^5�ir
dec-orern
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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!
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c Totals Temo Check Number 49 .I,;;
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Teruo Check Number 50
S;
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50
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67.10
zo
- '-----Totals Terno-Check--Number-----------50_—_—.-
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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------� _.._....-----------
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•-- •- ---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'
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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
---
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13!
636
: 1 ^9--3`
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=
Totals Teruo Check Number
53
f
27,
Terna-Check.-Nurnber 54
�20i
30
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54 Northern State Power
01-4211-300-50
dec svc
442.29
31,
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54 Northern State Power
@8-4211-@@@-00'
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01-4211-320-7@
dec"svc
151. B4
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270
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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 -' - -
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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.'. G-JSAL A5:0CIATION 0i :%DVE\DENT
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BRIGGS --'�-,D AIORGA
PROFESSIONAL ASSOCIATION
PROPOSED FORM OF LEC-_�L OPINION
2 CO FORST NATIO`-\L BANK BULDI`G
332 M1\:NE50TA STREET
-�A1\T PAUL. 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(. '. G_33n_ �6SCCe.=.T1��♦ .c I:...- E>._EN .- Ls. :!R.'.'.; .
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[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)
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-rl (lS
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(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
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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.
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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
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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:
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(Last) `
(First)
(vin
Address: 70'7 Dda% JqNe
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/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
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SIGNATURE
ADDRESS (INCL. LOT)
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1101 Victoria Curve -Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940
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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
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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
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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
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rz -IMEES
V
LY
k
Whh�ie=7,--146- 3
:---Jnside'
Viewpoint.2
Rehabloans. . ....... 3
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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
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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
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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.