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1991-01-02CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JANUARY 2, 1991- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Oath of Office 4. Agenda Adoption 6. Approval of the December 18th Minutes 7. Consent Calendar a. Acknowledgment of the December Building Activity Report. b. Approval of the 1991 Amendments to Recycling Joint Powers Agreement. c. Adoption of RESOLUTION NO. 91-01, Resolution Establishing 1991 City Depositories of Funds. d. Adoption of RESOLUTION NO. 91-02, Resolution Accepting Pledged Securities for 1991. e. Approval of 1991 Salary Adjustment for the Full -Time Temporary Engineer. f. Approval to Dispose of Surplus Property. g. Approval to Purchase Computer Items for the Police Department. h. Approval of the Lilydale Drainage Agreement - RESOLUTION NO. 91-03. i. Approval of the List of Contractors. j. Approval of the List of Claims. * k. Acknowledge Receipt of Summons - Centex Real Estate Corporation. End of Consent Calendar 8. Public Comments 9. Presentation a. Acceptance of Aetna Camera Donation. 10. First of Year Administrative Actions a. Appointment of Acting Mayor for 1991. b. Appointment of Health Officer for 1991. c. Designation of Official Newspaper for 1991. d. Committee Appointments for 1991. ** CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JANUARY 2, 1991- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Oath of Office 4. Agenda Adoption 6. Approval of the December 18th Minutes 7. Consent Calendar a. Acknowledgment of the December Building Activity Report. b. Approval of the 1991 Amendments to Recycling Joint Powers Agreement. c. Adoption of RESOLUTION NO. 91-01, Resolution Establishing 1991 City Depositories of Funds. d. Adoption of RESOLUTION NO. 91-02, Resolution Accepting Pledged Securities for 1991. e. Approval of 1991 Salary Adjustment for the Full -Time Temporary Engineer. f. Approval to Dispose of Surplus Property. g. Approval to Purchase Computer Items for the Police Department. h. Approval of the Lilydale Drainage Agreement - RESOLUTION NO. 91-03. i. Approval of the List of Contractors. j. Approval of the List of Claims. * k. Acknowledge Receipt of Summons - Centex Real Estate Corporation. End of Consent Calendar 8. Public Comments 9. Presentation a. Acceptance of Aetna Camera Donation. 10. First of Year Administrative Actions a. Appointment of Acting Mayor for 1991. b. Appointment of Health Officer for 1991. c. Designation of Official Newspaper for 1991. d. Committee Appointments for 1991. ** CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JANUARY 2, 1991- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Oath of Office 4. Agenda Adoption 6. Approval of the December 18th Minutes 7. Consent Calendar a. Acknowledgment of the December Building Activity Report. b. Approval of the 1991 Amendments to Recycling Joint Powers Agreement. c. Adoption of RESOLUTION NO. 91-01, Resolution Establishing 1991 City Depositories of Funds. d. Adoption of RESOLUTION NO. 91-02, Resolution Accepting Pledged Securities for 1991. e. Approval of 1991 Salary Adjustment for the Full -Time Temporary Engineer. f. Approval to Dispose of Surplus Property. g. Approval to Purchase Computer Items for the Police Department. h. Approval of the Lilydale Drainage Agreement - RESOLUTION NO. 91-03. i. Approval of the List of Contractors. j. Approval of the List of Claims. End of Consent Calendar 8. Public Comments 9. Presentation a. Acceptance of Aetna Camera Donation. 10. First of Year Administrative Actions a. Appointment of Acting Mayor for 199 b. Appointment of Health Officer for 991. c. Designation of Official Newspaper for 1991. d. Committee Appointments for 1991. 11. Unfinished and New Business a. Comfort Station Architects Selection. 12. Council Comments 13. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JANUARY 2, 1991- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Oath of Office 4. Agenda Adoption 6. Approval of the December 18th Minutes 7. Consent Calendar a. Acknowledgment of the December Building Activity Report. b. Approval of the 1991 Amendments to Recycling Joint Powers Agreement. c. Adoption of RESOLUTION NO. 91-01, Resolution Establishing 1991 City Depositories of Funds. d. Adoption of RESOLUTION NO. 91-02, Resolution Accepting Pledged Securities for 1991. e. Approval of 1991 Salary Adjustment for the Full -Time Temporary Engineer. f. Approval to Dispose of Surplus Property. g. Approval to Purchase Computer Items for the Police Department. h. Approval of the Lilydale Drainage Agreement - RESOLUTION NO. 91-03. i. Approval of the List of Contractors. j. Approval of the List of Claims. End of Consent Calendar 8. Public Comments 9. Presentation a. Acceptance of Aetna Camera Donation. 10. First of Year Administrative Actions a. Appointment of Acting Mayor for 199 b. Appointment of Health Officer for 991. c. Designation of Official Newspaper for 1991. d. Committee Appointments for 1991. 11. Unfinished and New Business a. Comfort Station Architects Selection. 12. Council Comments 13. Adjourn Page No. 2978 December 18, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 18, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Councilmember Cummins moved approval of the minutes of the December 4th regular meeting with correction. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the December 11th Park and Recreation Commission minutes. b. Acknowledgment of the Fire Department monthly report for October. c. Acknowledgment of the Fire Department monthly report for November. d. Acknowledgment of the Treasurer's monthly report for November. e. Approval of the 1991-1992 Labor Contract settlement between the City and The Teamster's Local 320 bargaining unit (Public Works), along with authorization for execution of the formal labor agreement by the Mayor and City Clerk. Page No. 2978 December 18, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 18, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Councilmember Cummins moved approval of the minutes of the December 4th regular meeting with correction. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the December 11th Park and Recreation Commission minutes. b. Acknowledgment of the Fire Department monthly report for October. c. Acknowledgment of the Fire Department monthly report for November. d. Acknowledgment of the Treasurer's monthly report for November. e. Approval of the 1991-1992 Labor Contract settlement between the City and The Teamster's Local 320 bargaining unit (Public Works), along with authorization for execution of the formal labor agreement by the Mayor and City Clerk. Ayes: 5 Nays: 0 BID AWARD, FIRE EQUIPMENT/COMMAND VEHICLE Page No. 2979 December 18, 1990 f. Adoption of Resolution No. 90-85, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON -ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL ADJUSTMENT FOR 1991. g. Adoption of Resolution No. 90-86, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1991 AND ESTABLISHING CERTAIN OTHER BENEFITS." " h. Adoption of Resolution No. 90-87, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." i. Approval of the list of contractor licenses dated December 18, 1990 and attached hereto. J - Approval of the list of claims dated December 18, 1990 and totalling $193,867.35. Councilmember Blesener seconded the motion. Fire Chief Maczko and members of the Fire Department truck committee were present to discuss bids received for the purchase of an equipment/command vehicle. Chief Maczko reviewed his report to Council, and recommended that the contract be awarded to Road Rescue, Inc., for its low bid of $110,286.00. He informed Council that Road Rescue has sold equipment to several fire departments in Dakota County and that reference checks received from those departments were all favorable. Mayor Mertensotto pointed out that there is a $3,000 to $7,000 shortfall between available financing and the purchase price. He asked Fire Chief Maczko if he is prepared to reallocate the departmental budget for 1991 to accommodate the shortfall. Chief Maczko responded that he will do so if necessary. Mayor Mertensotto asked when the existing rescue vehicle will be sold. Chief Maczko responded that the sale will be done as soon as possible and that he expects that the 1 Ayes: 5 Nays: 0 BID AWARD, FIRE EQUIPMENT/COMMAND VEHICLE Page No. 2979 December 18, 1990 f. Adoption of Resolution No. 90-85, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON -ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL ADJUSTMENT FOR 1991. g. Adoption of Resolution No. 90-86, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1991 AND ESTABLISHING CERTAIN OTHER BENEFITS." " h. Adoption of Resolution No. 90-87, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." i. Approval of the list of contractor licenses dated December 18, 1990 and attached hereto. J - Approval of the list of claims dated December 18, 1990 and totalling $193,867.35. Councilmember Blesener seconded the motion. Fire Chief Maczko and members of the Fire Department truck committee were present to discuss bids received for the purchase of an equipment/command vehicle. Chief Maczko reviewed his report to Council, and recommended that the contract be awarded to Road Rescue, Inc., for its low bid of $110,286.00. He informed Council that Road Rescue has sold equipment to several fire departments in Dakota County and that reference checks received from those departments were all favorable. Mayor Mertensotto pointed out that there is a $3,000 to $7,000 shortfall between available financing and the purchase price. He asked Fire Chief Maczko if he is prepared to reallocate the departmental budget for 1991 to accommodate the shortfall. Chief Maczko responded that he will do so if necessary. Mayor Mertensotto asked when the existing rescue vehicle will be sold. Chief Maczko responded that the sale will be done as soon as possible and that he expects that the 1 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 GLENHILL ROAD Page No. 2980 December 18, 1990 vehicle can be sold for between $8,000 and $10,000 but that he would like to leave the sale date negotiable because the truck will be needed until the new one arrives in June, although it could be sold as early as April. Council also acknowledged a report on financing from Treasurer Shaughnessy, who recommended that a final decision on Equipment Certificates issuance be delayed until the 1992 Budget preparation begins. Councilmember Cummins stated that financing alternatives are available and that the shortfall can be managed from the 1991 Fire Department budget, or an appropriation from fund balance if necessary. Councilmember Cummins moved to accept the bids received for the fire equipment/command vehicle and to award the contract to Road Rescue, Inc., for its low bid of $110,286.00 Councilmember Blesener seconded the motion. Councilmember Cummins moved to authorize the Fire Department to advertise for bids for the sale of the existing rescue vehicle and set a bid return date of March 15th at 4:00 P.M. Councilmember Hartmann seconded the motion. The Council acknowledged memos from Public Works Director Danielson regarding the Glenhill Road realignment, along with a letter from Mn/DOT and final layout and grades for an "s -curve" design. Council also acknowledged a letter from Mrs. Linda Linsmaier and residents on Glenhill Road and Culligan Lane. Public Works Director Danielson reviewed past Council discussions on the two design alternatives, s -curve and cul-de-sac. He stated that on December 4th Council directed staff to inform Mn/DOT that the Council elected to make the connection (s -curve option) and to ask Mn/DOT to design the safest and best possible connection. The design has been received, and grades are at 5% with a nice landing at the frontage road. The road will slide southerly and follow the T.H. 110 westbound alignment. One of the problems with the alignment is with respect to existing Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 GLENHILL ROAD Page No. 2980 December 18, 1990 vehicle can be sold for between $8,000 and $10,000 but that he would like to leave the sale date negotiable because the truck will be needed until the new one arrives in June, although it could be sold as early as April. Council also acknowledged a report on financing from Treasurer Shaughnessy, who recommended that a final decision on Equipment Certificates issuance be delayed until the 1992 Budget preparation begins. Councilmember Cummins stated that financing alternatives are available and that the shortfall can be managed from the 1991 Fire Department budget, or an appropriation from fund balance if necessary. Councilmember Cummins moved to accept the bids received for the fire equipment/command vehicle and to award the contract to Road Rescue, Inc., for its low bid of $110,286.00 Councilmember Blesener seconded the motion. Councilmember Cummins moved to authorize the Fire Department to advertise for bids for the sale of the existing rescue vehicle and set a bid return date of March 15th at 4:00 P.M. Councilmember Hartmann seconded the motion. The Council acknowledged memos from Public Works Director Danielson regarding the Glenhill Road realignment, along with a letter from Mn/DOT and final layout and grades for an "s -curve" design. Council also acknowledged a letter from Mrs. Linda Linsmaier and residents on Glenhill Road and Culligan Lane. Public Works Director Danielson reviewed past Council discussions on the two design alternatives, s -curve and cul-de-sac. He stated that on December 4th Council directed staff to inform Mn/DOT that the Council elected to make the connection (s -curve option) and to ask Mn/DOT to design the safest and best possible connection. The design has been received, and grades are at 5% with a nice landing at the frontage road. The road will slide southerly and follow the T.H. 110 westbound alignment. One of the problems with the alignment is with respect to existing Page No. 2981 December 18, 1990 sanitary sewer line which serves the Culligan addition. Some of the utility will have to be rerouted to allow construction of the road, at an estimated cost of $30,000. The line is on Mn/DOT right-of-way, and because of prior agreement with the City, Mn/DOT will not pay the costs. Councilmember Cummins stated that in the December 17th Mn/DOT letter, Assistant District Engineer Christensen still feels that the cul-de-sac would be the best solution. He did not recall that Council was advised at the last meeting that Mn/DOT felt the cul-de-sac was the best solution. Public Works Director Danielson responded that in the Mn/DOT letter which was before Council on December 4th, Mn/DOT indicated that it felt the cul-de-sac was the best solution. Mayor Mertensotto stated that he has talked to some of the area residents and that they feel one of the major problems is that the neighborhood would have no way to get into the pedway system unless the s -curve option is approved. He felt that the determination on design must be made based on overall planning. With respect to the pedway issue, Councilmember Cummins stated that the City could install a 6 foot paved trail from the cul-de-sac along retained frontage road right- of-way. Councilmember Hartmann asked whether the s - curve design submitted by Mn/DOT is better or worse, from a safety standpoint, than the existing connection. Mr. Danielson stated that it is better than what exists. Councilmember Hartmann stated that one of the reasons he has for wanting to maintain the connection is to provide two ways in and out of the area. Councilmember Anderson pointed out that it is not on the meeting agenda to change Council's December 4th vote on the issue. He pointed out that this is not a public hearing. He did not think the safety considerations have changed and stated that he appreciates that many in the neighborhood strongly prefer the cul-de-sac but that at the last meeting there were also many who felt the connection should be saved. He pointed out that safety is the Page No. 2981 December 18, 1990 sanitary sewer line which serves the Culligan addition. Some of the utility will have to be rerouted to allow construction of the road, at an estimated cost of $30,000. The line is on Mn/DOT right-of-way, and because of prior agreement with the City, Mn/DOT will not pay the costs. Councilmember Cummins stated that in the December 17th Mn/DOT letter, Assistant District Engineer Christensen still feels that the cul-de-sac would be the best solution. He did not recall that Council was advised at the last meeting that Mn/DOT felt the cul-de-sac was the best solution. Public Works Director Danielson responded that in the Mn/DOT letter which was before Council on December 4th, Mn/DOT indicated that it felt the cul-de-sac was the best solution. Mayor Mertensotto stated that he has talked to some of the area residents and that they feel one of the major problems is that the neighborhood would have no way to get into the pedway system unless the s -curve option is approved. He felt that the determination on design must be made based on overall planning. With respect to the pedway issue, Councilmember Cummins stated that the City could install a 6 foot paved trail from the cul-de-sac along retained frontage road right- of-way. Councilmember Hartmann asked whether the s - curve design submitted by Mn/DOT is better or worse, from a safety standpoint, than the existing connection. Mr. Danielson stated that it is better than what exists. Councilmember Hartmann stated that one of the reasons he has for wanting to maintain the connection is to provide two ways in and out of the area. Councilmember Anderson pointed out that it is not on the meeting agenda to change Council's December 4th vote on the issue. He pointed out that this is not a public hearing. He did not think the safety considerations have changed and stated that he appreciates that many in the neighborhood strongly prefer the cul-de-sac but that at the last meeting there were also many who felt the connection should be saved. He pointed out that safety is the Page No. 2982 December 18, 1990 main issue and that if the City must pay $30,000 for the utility reconstruction, it should do so and retain the connection. Mrs. Linsmaier reviewed her letter to Council and felt that the Council should reconsider its action for three new reasons brought out since the last meeting, the School District Transportation Director has told her that he feels the cul-de-sac would be safer from a school bus safety perspective, the Glenhill residents overwhelming support the cul-de-sac, and Mn/DOT feels the cul-de-sac is the best option. Council also heard comments from Mr. John Clemency, Mr. Nick Linsmaier, and Mr. Gerald Shaughnessy. Ma or Mertensotto stated that from a planning sta oint the Council always wants to have two s of ingress and egress - with a cul-de-sac, the neighborhood would only have one access. With respect to Mrs. Linsmaier's comments on the school district transportation director's comments, Councilmember Blesener responded that Council's action was to direct Mn/DOT to design a safe s -curve, and that if Mn/DOT did not feel the current design is safe, they would not build it, nor would the City allow it. She also stated that in her opinion there would be a very measurable negative impact on a few homes on Culligan Lane if the frontage road access to the neighborhood were closed, as weighed against the desires of the Glenhill neighborhood. She stated that if she could be convinced that the Culligan Lane residents would support the cul-de-sac, she would be willing to reconsider her position. Councilmember Anderson pointed out that Council must consider issues such as safety and public safety ingress and egress and that the decision made on December 4th continues to make sense this evening. Councilmember Cummins stated that he felt rushed to a decision last meeting and that he thinks Council voted based on misinformation and circumstances have changed. He stated that the first Mn/DOT letter did not indicate to him that they felt the cul-de-sac was Page No. 2982 December 18, 1990 main issue and that if the City must pay $30,000 for the utility reconstruction, it should do so and retain the connection. Mrs. Linsmaier reviewed her letter to Council and felt that the Council should reconsider its action for three new reasons brought out since the last meeting, the School District Transportation Director has told her that he feels the cul-de-sac would be safer from a school bus safety perspective, the Glenhill residents overwhelming support the cul-de-sac, and Mn/DOT feels the cul-de-sac is the best option. Council also heard comments from Mr. John Clemency, Mr. Nick Linsmaier, and Mr. Gerald Shaughnessy. Ma or Mertensotto stated that from a planning sta oint the Council always wants to have two s of ingress and egress - with a cul-de-sac, the neighborhood would only have one access. With respect to Mrs. Linsmaier's comments on the school district transportation director's comments, Councilmember Blesener responded that Council's action was to direct Mn/DOT to design a safe s -curve, and that if Mn/DOT did not feel the current design is safe, they would not build it, nor would the City allow it. She also stated that in her opinion there would be a very measurable negative impact on a few homes on Culligan Lane if the frontage road access to the neighborhood were closed, as weighed against the desires of the Glenhill neighborhood. She stated that if she could be convinced that the Culligan Lane residents would support the cul-de-sac, she would be willing to reconsider her position. Councilmember Anderson pointed out that Council must consider issues such as safety and public safety ingress and egress and that the decision made on December 4th continues to make sense this evening. Councilmember Cummins stated that he felt rushed to a decision last meeting and that he thinks Council voted based on misinformation and circumstances have changed. He stated that the first Mn/DOT letter did not indicate to him that they felt the cul-de-sac was MENDOTA PLAZA ACCESS IMPROVEMENTS Page No. 2983 December 18, 1990 better, and that if the school district letter was reconsidered, it makes sense to support the cul-de-sac. He pointed out that Council did not know the City would have to pay $30,000 to move utilities and also did not have a definitive recommendation from the engineering staff. He felt that new information suggests that perhaps Council should take more time on the issue and invite Mn/DOT to talk about their concerns over the s -curve. Councilmember Blesener stated that she would be willing to have a public hearing and invite Mn/DOT, but that she still feels eight homes on Culligan would be negatively impacted by the cul-de-sac, and that unless she can be convinced that the proposed s -curve will be less safe than what currently exists she will not change her position. Councilmember Anderson stated that Council considered the factors and voted on December 4th to direct Mn/DOT to design two ways into the neighborhood. Mn/DOT has returned a plan proposal that is more safe that what presently exists - there is less of a gradient. He urged Council not to reconsider, and felt that another discussion on the matter would divide the neighborhood more. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that infrastructure replacement funds can be used to pay for the utility relocation costs. Council acknowledged a report from Public Works Director Danielson with respect to a petition and waiver of hearing from Paster Enterprises for improvements to the entrance to the Mendota Plaza shopping center. Council also acknowledged a letter from Mn/DOT and possible intersection revision. Mr. Ed Paster, and Mr. John Streeter, construction engineer for Paster Enterprises, were present for the discussion. Mr. Paster stated that his request is for a feasibility study to address the issue of ingress/egress to the shopping center, managing traffic on T.H. 149 and helping traffic get into the center from Dodd and T.H. 110. He stated that he has been in regular MENDOTA PLAZA ACCESS IMPROVEMENTS Page No. 2983 December 18, 1990 better, and that if the school district letter was reconsidered, it makes sense to support the cul-de-sac. He pointed out that Council did not know the City would have to pay $30,000 to move utilities and also did not have a definitive recommendation from the engineering staff. He felt that new information suggests that perhaps Council should take more time on the issue and invite Mn/DOT to talk about their concerns over the s -curve. Councilmember Blesener stated that she would be willing to have a public hearing and invite Mn/DOT, but that she still feels eight homes on Culligan would be negatively impacted by the cul-de-sac, and that unless she can be convinced that the proposed s -curve will be less safe than what currently exists she will not change her position. Councilmember Anderson stated that Council considered the factors and voted on December 4th to direct Mn/DOT to design two ways into the neighborhood. Mn/DOT has returned a plan proposal that is more safe that what presently exists - there is less of a gradient. He urged Council not to reconsider, and felt that another discussion on the matter would divide the neighborhood more. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that infrastructure replacement funds can be used to pay for the utility relocation costs. Council acknowledged a report from Public Works Director Danielson with respect to a petition and waiver of hearing from Paster Enterprises for improvements to the entrance to the Mendota Plaza shopping center. Council also acknowledged a letter from Mn/DOT and possible intersection revision. Mr. Ed Paster, and Mr. John Streeter, construction engineer for Paster Enterprises, were present for the discussion. Mr. Paster stated that his request is for a feasibility study to address the issue of ingress/egress to the shopping center, managing traffic on T.H. 149 and helping traffic get into the center from Dodd and T.H. 110. He stated that he has been in regular Page No. 2984 December 18, 1990 contact with Chuck Thomey, owner of the Amoco Station, about the matter. Responding to a question from Councilmember Hartmann, Mr. Streeter explained that proposed new access to the center would move the entrance to the south about 20 to 30 feet. Councilmember Hartmann was concerned that moving the access for the center would close off access to the Amoco Station. He also cautioned Mr. Paster that the extension of South Plaza Drive onto the T.H. 149 right-of- way has been proposed before and many environmental issues were raised. Councilmember Blesener asked whether the second issue raised in the Mn/DOT letter means that Mn/DOT proposes a change of jurisdiction for T.H. 149, that it would no longer be a state highway. Mr. Danielson responded that there has been discussion over T.H. 149 becoming a county road. Councilmember Cummins asked where the frontage road in phase two would go - the easterly extension leads off into the Dodge Nature Center. Mr. Streeter responded that it will extend east a given distance, not all the way to Delaware, and will then access T.H. 110. Mayor Mertensotto stated that the applicants have outlined a possible solution to the access problems and have asked for a feasibility study, and have agreed to submitting a feasibility escrow. He suggested that the study be in two phases, looking at planning and options in the first phase and stopping short of the surveying, etc.. Mr. Streeter asked that the whole study be prepared, and informed Council that Paster Enterprises has been working on ingress/egress for a long time and if the issue keeps dragging on they are afraid it will get lost in the "shuffle" of a change in administration at Mn/DOT. He further stated that Mn/DOT will pay all construction costs and will reimburse the City 8% of the total costs for engineering. Mr. Streeter informed Council that Paster Enterprises will pay all other costs. Page No. 2984 December 18, 1990 contact with Chuck Thomey, owner of the Amoco Station, about the matter. Responding to a question from Councilmember Hartmann, Mr. Streeter explained that proposed new access to the center would move the entrance to the south about 20 to 30 feet. Councilmember Hartmann was concerned that moving the access for the center would close off access to the Amoco Station. He also cautioned Mr. Paster that the extension of South Plaza Drive onto the T.H. 149 right-of- way has been proposed before and many environmental issues were raised. Councilmember Blesener asked whether the second issue raised in the Mn/DOT letter means that Mn/DOT proposes a change of jurisdiction for T.H. 149, that it would no longer be a state highway. Mr. Danielson responded that there has been discussion over T.H. 149 becoming a county road. Councilmember Cummins asked where the frontage road in phase two would go - the easterly extension leads off into the Dodge Nature Center. Mr. Streeter responded that it will extend east a given distance, not all the way to Delaware, and will then access T.H. 110. Mayor Mertensotto stated that the applicants have outlined a possible solution to the access problems and have asked for a feasibility study, and have agreed to submitting a feasibility escrow. He suggested that the study be in two phases, looking at planning and options in the first phase and stopping short of the surveying, etc.. Mr. Streeter asked that the whole study be prepared, and informed Council that Paster Enterprises has been working on ingress/egress for a long time and if the issue keeps dragging on they are afraid it will get lost in the "shuffle" of a change in administration at Mn/DOT. He further stated that Mn/DOT will pay all construction costs and will reimburse the City 8% of the total costs for engineering. Mr. Streeter informed Council that Paster Enterprises will pay all other costs. Ayes: 5 Nays: 0 HRA GRANTS Ayes: 5 Nays: 0 PARK CONTRACTS FINAL PAYMENTS Page No. 2985 December 18, 1990 Councilmember Cummins moved adoption of Resolution No. 90-90, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR LOT 2, BLOCK 1, MENDOTA PLAZA," and to direct staff to prepare a preliminary report part way through the study process, by the second meeting in March, subject to receipt of a $2,500 escrow from Paster Enterprises. Councilmember Blesener seconded the motion. Council acknowledged a report from Administrative Assistant Batchelder regarding an application for HRA community development block grant funding for assessment abatement, in the Furlong neighborhood. Mr. Batchelder stated the application would encompass the City's CDBG allocation for 1991 along with the carry over of funding from 1988 through 1990, for a total of $102,000. Councilmember Hartmann moved adoption of Resolution No. 90-91, "A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1991 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Blesener seconded the motion. Councilmember Cummins was temporarily excused from the meeting. Council acknowledged and discussed memos from Public Works Director Danielson regarding final payments to G.M.H. Asphalt Corporation for neighborhood park and trail improvements and a change order and semi-final payment to G.M.H. for Sibley Athletic Complex improvements. Responding to a question from Councilmember Anderson, Mr. Danielson stated that those items which are found to be deficient in the spring, such as seeding, will have to be corrected by the contractor. Council discussed the staff -recommended settlements for liquidated damages. Mayor Mertensotto felt that the City should not include a liquidated damages clause in its contracts because the City ends up paying a higher cost for the contract as a result. Ayes: 5 Nays: 0 HRA GRANTS Ayes: 5 Nays: 0 PARK CONTRACTS FINAL PAYMENTS Page No. 2985 December 18, 1990 Councilmember Cummins moved adoption of Resolution No. 90-90, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR LOT 2, BLOCK 1, MENDOTA PLAZA," and to direct staff to prepare a preliminary report part way through the study process, by the second meeting in March, subject to receipt of a $2,500 escrow from Paster Enterprises. Councilmember Blesener seconded the motion. Council acknowledged a report from Administrative Assistant Batchelder regarding an application for HRA community development block grant funding for assessment abatement, in the Furlong neighborhood. Mr. Batchelder stated the application would encompass the City's CDBG allocation for 1991 along with the carry over of funding from 1988 through 1990, for a total of $102,000. Councilmember Hartmann moved adoption of Resolution No. 90-91, "A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1991 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Blesener seconded the motion. Councilmember Cummins was temporarily excused from the meeting. Council acknowledged and discussed memos from Public Works Director Danielson regarding final payments to G.M.H. Asphalt Corporation for neighborhood park and trail improvements and a change order and semi-final payment to G.M.H. for Sibley Athletic Complex improvements. Responding to a question from Councilmember Anderson, Mr. Danielson stated that those items which are found to be deficient in the spring, such as seeding, will have to be corrected by the contractor. Council discussed the staff -recommended settlements for liquidated damages. Mayor Mertensotto felt that the City should not include a liquidated damages clause in its contracts because the City ends up paying a higher cost for the contract as a result. Ayes: 4 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 UNITED PROPERTIES/ FISERV Page No. 2986 December 18, 1990 After discussion, Councilmember Blesener moved to approve Change Order No.1 to the Neighborhood Park improvements contract, totalling $1,173.00 and Change Order No. 1 to the Paved Walkway improvements contract, totalling $1,357.00. Councilmember Hartmann seconded the motion. Councilmember Cummins returned to the meeting. Councilmember Blesener moved adoption of Resolution No. 90-92, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6D," and Resolution No. 90-93, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6B." Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of Change Order No. 1 for the Sibley Athletic Complex contract totalling $7,686.75, along with semi-final payment of $22,717.05 to G.M.H. Asphalt, Inc. for Sibley Athletic Complex improvements. Councilmember Hartmann seconded the motion. Mr. Dale Glowa, from United Properties, was present to request Council approval of a building permit, parking space number and size variances and a sign setback variance to allow construction of a building for FiServ, Inc. in the Mendota Heights Business Park (Acacia), along with a request for feasibility study for the extension of Lemay Avenue. Mr. Glowa also requested approval for Tax Increment Financing support in the form of up front cost write- downs and a "Pay -As -You -Go" benefit. Mr. Glowa informed Council that his firm requests approval of the building permit subject to approval of final plans by City staff. The variances requested are for a reduction in parking space size from 9 feet to 8 feet 6 inches and a 4/1000 square foot of office area parking ratio, and a sign setback of 20 feet from Lemay Avenue. He informed Council that the preliminary plat has been approved and that he will be requesting final Ayes: 4 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 UNITED PROPERTIES/ FISERV Page No. 2986 December 18, 1990 After discussion, Councilmember Blesener moved to approve Change Order No.1 to the Neighborhood Park improvements contract, totalling $1,173.00 and Change Order No. 1 to the Paved Walkway improvements contract, totalling $1,357.00. Councilmember Hartmann seconded the motion. Councilmember Cummins returned to the meeting. Councilmember Blesener moved adoption of Resolution No. 90-92, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6D," and Resolution No. 90-93, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6B." Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of Change Order No. 1 for the Sibley Athletic Complex contract totalling $7,686.75, along with semi-final payment of $22,717.05 to G.M.H. Asphalt, Inc. for Sibley Athletic Complex improvements. Councilmember Hartmann seconded the motion. Mr. Dale Glowa, from United Properties, was present to request Council approval of a building permit, parking space number and size variances and a sign setback variance to allow construction of a building for FiServ, Inc. in the Mendota Heights Business Park (Acacia), along with a request for feasibility study for the extension of Lemay Avenue. Mr. Glowa also requested approval for Tax Increment Financing support in the form of up front cost write- downs and a "Pay -As -You -Go" benefit. Mr. Glowa informed Council that his firm requests approval of the building permit subject to approval of final plans by City staff. The variances requested are for a reduction in parking space size from 9 feet to 8 feet 6 inches and a 4/1000 square foot of office area parking ratio, and a sign setback of 20 feet from Lemay Avenue. He informed Council that the preliminary plat has been approved and that he will be requesting final Page No. 2987 December 18, 1990 plat approval. He explained that United Properties is still negotiating the lease agreement. FiServ's immediate need is for a 30,000 square foot building, but it is in the process of acquiring another local firm and, if this is accomplished, FiServe would need a 50,000 to 60,000 square foot building. Mayor Mertensotto stated that the original TIF request was for $600,000 but that he has recently been approached with a request to consider increasing the amount to $675,000. He felt that the $600,000 TIF contribution can be justified, but that he would not support the increase. Mr. Glowa informed Council that the proposed structure would be the headquarters of the FiSery Company, and would be located in the southwest quadrant of Pilot Knob Road and proposed Lemay Avenue on a 4.5 acre parcel across from Big Wheel. Access will be totally from Lemay Avenue, and truck docks will be located at the back of the building. Mr. Glowa stated that 75% of the building would be office finish. He reviewed the landscaping plan for Council. He informed Council that he has not requested a setback variance but that at the back of the site there is a 30 foot minimum setback to the right-of-way, by ordinance. He suggested that the City might wish to consider pushing the building closer to the rear property line to provide more green area along Lemay. He stated that there it is 120 feet from the property line to the closest highway surface proposed for T.H. 13. Mr. Glowa reviewed an elevation sketch of the building, informing Council that it will be Fabcon type panel, painted with graphic banding and a ribbon of glass around the office element of the building and that the front of the building will be "sawtoothed." Responding to a question from Mayor Mertensotto, Mr. Glowa indicated that he is asking for a variance from the required number of parking spaces to provide additional greenspace, and that should it ever become necessary for future expansion of the building, the area is available for additional parking. He informed Council that United Properties will maintain the extensive landscaping characteristics as exist in the rest of the business park. Page No. 2987 December 18, 1990 plat approval. He explained that United Properties is still negotiating the lease agreement. FiServ's immediate need is for a 30,000 square foot building, but it is in the process of acquiring another local firm and, if this is accomplished, FiServe would need a 50,000 to 60,000 square foot building. Mayor Mertensotto stated that the original TIF request was for $600,000 but that he has recently been approached with a request to consider increasing the amount to $675,000. He felt that the $600,000 TIF contribution can be justified, but that he would not support the increase. Mr. Glowa informed Council that the proposed structure would be the headquarters of the FiSery Company, and would be located in the southwest quadrant of Pilot Knob Road and proposed Lemay Avenue on a 4.5 acre parcel across from Big Wheel. Access will be totally from Lemay Avenue, and truck docks will be located at the back of the building. Mr. Glowa stated that 75% of the building would be office finish. He reviewed the landscaping plan for Council. He informed Council that he has not requested a setback variance but that at the back of the site there is a 30 foot minimum setback to the right-of-way, by ordinance. He suggested that the City might wish to consider pushing the building closer to the rear property line to provide more green area along Lemay. He stated that there it is 120 feet from the property line to the closest highway surface proposed for T.H. 13. Mr. Glowa reviewed an elevation sketch of the building, informing Council that it will be Fabcon type panel, painted with graphic banding and a ribbon of glass around the office element of the building and that the front of the building will be "sawtoothed." Responding to a question from Mayor Mertensotto, Mr. Glowa indicated that he is asking for a variance from the required number of parking spaces to provide additional greenspace, and that should it ever become necessary for future expansion of the building, the area is available for additional parking. He informed Council that United Properties will maintain the extensive landscaping characteristics as exist in the rest of the business park. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2988 December 18, 1990 Councilmember Blesener commented that the style of the buildings in this part of the business park are quite different that in the other half of the park, and asked if this building will set the tone for the remainder of the development. Mr. Glowa responded that it will, and that this is much more of an industrial building design and reflects the character of the land. The site is too far away from the highways for firms to wish to spend as much money on design as the first half of the business park. Councilmember Cummins asked what the degree of urgency is to get all of the requested approvals this evening. Mr. Glowa responded that the project must start immediately, planning a 50,000 square foot design with the flexibility to shorten the structure to 30,000 square feet. The reduction in size of the building would come on the west end of the structure. Treasurer Shaughnessy explained the TIF request for Council, stating that most of the $600,000 would be reimbursed to the developer in the future, and only a small portion would be used up front, for Lemay Avenue. Councilmember Blesener moved to approve Tax Increment support for the project totaling no more than $600,000, on the "Pay -As -You -Go" plan. Councilmember Cummins seconded the motion. Councilmember Cummins moved to waive Planning Commission review with respect to the variance requests; to approve the building permit for the FiSery project based on sketches and drawings presented to Council this evening; to authorize issuance of a building permit subject to final staff review and approval of grading, landscaping and building plans; and to grant approval for parking stall number and size variances and sign setback variance consistent with the existing business park, all subject to completion of a final plat. Councilmember Blesener seconded the motion. Councilmember Cummins moved adoption of Resolution No. 90-94, "RESOLUTION ACCEPTING Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2988 December 18, 1990 Councilmember Blesener commented that the style of the buildings in this part of the business park are quite different that in the other half of the park, and asked if this building will set the tone for the remainder of the development. Mr. Glowa responded that it will, and that this is much more of an industrial building design and reflects the character of the land. The site is too far away from the highways for firms to wish to spend as much money on design as the first half of the business park. Councilmember Cummins asked what the degree of urgency is to get all of the requested approvals this evening. Mr. Glowa responded that the project must start immediately, planning a 50,000 square foot design with the flexibility to shorten the structure to 30,000 square feet. The reduction in size of the building would come on the west end of the structure. Treasurer Shaughnessy explained the TIF request for Council, stating that most of the $600,000 would be reimbursed to the developer in the future, and only a small portion would be used up front, for Lemay Avenue. Councilmember Blesener moved to approve Tax Increment support for the project totaling no more than $600,000, on the "Pay -As -You -Go" plan. Councilmember Cummins seconded the motion. Councilmember Cummins moved to waive Planning Commission review with respect to the variance requests; to approve the building permit for the FiSery project based on sketches and drawings presented to Council this evening; to authorize issuance of a building permit subject to final staff review and approval of grading, landscaping and building plans; and to grant approval for parking stall number and size variances and sign setback variance consistent with the existing business park, all subject to completion of a final plat. Councilmember Blesener seconded the motion. Councilmember Cummins moved adoption of Resolution No. 90-94, "RESOLUTION ACCEPTING Ayes: 5 Nays: 0 MENDAKOTA PARK Page No. 2989 December 18, 1990 PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR LEMAY AVENUE EXTENSION (MAC SITE, IMPROVEMENT NO. 90, PROJECT NO. 5).n Councilmember Blesener seconded the motion. Park and Recreation Commission Chairperson John Huber and Parks Project Manager Guy Kullander were present to review the proposed final schematic for the Mendakota Park. Mr. Huber reviewed the changes made in the plan since the December 4th Council discussion. Mr. Kullander informed Council that a potential future tennis court is shown in the northwest corner of the site, and that it will be included in the plans and specifications as a separate bid item. If the bid is within reason, the neighborhood would pay for the court and donate it to the City. Councilmember Blesener asked if the hard court can be fenced and double as a tennis court. Mr. Huber responded that he does not know, but that he will raise the issue with Barry Warner. In addition, Mr. Huber informed Council that the plan would facilitate putting in ballfield lights some day but that they are not planned for the near future. Responding to a question from Councilmember Blesener with respect to additional landscaping in the center area between the fields and the comfort station, Mr. Kullander responded that Mr. Warner intends to use a treatment similar to the Sibley comfort station and that there will be some plantings within the blacktop area. Mr. Kullander also informed Council that the Park Commission, at its last meeting, discussed a request that a deck be constructed on top of the comfort station. Mr. Jim Kilburg showed Council pictures of a comfort station in Eagan which has an observation deck. He explained that the Mendakota site is laid out great for ballplayers but•that it is limited for spectators. A deck would provide a way for the spectators to get out of the elements and have a good view of all of the fields. He also felt that it would ease some of the Ayes: 5 Nays: 0 MENDAKOTA PARK Page No. 2989 December 18, 1990 PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR LEMAY AVENUE EXTENSION (MAC SITE, IMPROVEMENT NO. 90, PROJECT NO. 5).n Councilmember Blesener seconded the motion. Park and Recreation Commission Chairperson John Huber and Parks Project Manager Guy Kullander were present to review the proposed final schematic for the Mendakota Park. Mr. Huber reviewed the changes made in the plan since the December 4th Council discussion. Mr. Kullander informed Council that a potential future tennis court is shown in the northwest corner of the site, and that it will be included in the plans and specifications as a separate bid item. If the bid is within reason, the neighborhood would pay for the court and donate it to the City. Councilmember Blesener asked if the hard court can be fenced and double as a tennis court. Mr. Huber responded that he does not know, but that he will raise the issue with Barry Warner. In addition, Mr. Huber informed Council that the plan would facilitate putting in ballfield lights some day but that they are not planned for the near future. Responding to a question from Councilmember Blesener with respect to additional landscaping in the center area between the fields and the comfort station, Mr. Kullander responded that Mr. Warner intends to use a treatment similar to the Sibley comfort station and that there will be some plantings within the blacktop area. Mr. Kullander also informed Council that the Park Commission, at its last meeting, discussed a request that a deck be constructed on top of the comfort station. Mr. Jim Kilburg showed Council pictures of a comfort station in Eagan which has an observation deck. He explained that the Mendakota site is laid out great for ballplayers but•that it is limited for spectators. A deck would provide a way for the spectators to get out of the elements and have a good view of all of the fields. He also felt that it would ease some of the Page No. 2990 December 18, 1990 congestion of people walking around the comfort station. Mayor Mertensotto expressed concern that the stairway to the deck might create hazards for small children. He also felt that the deck would be difficult to police and could become a loft area. Councilmember Blesener suggested that if the Mayor is concerned, there could be an open railing rather than a sidewall around the deck. She stated that Mendakota park should be a community park and that a small feature like the deck would add to the development in total. Mr. Kullander informed Council that the building will be about 512 square feet and that the second floor (deck) could be enlarged to 600 square feet. It will be necessary to provide two stair cases. Responding to the Mayor's concerns, Mr. Huber stated that there will need to be some type of security lighting. Mr. Kullander stated that staff will look at widening the area between the fields to provide access for squad cars. Councilmember Blesener stated that she would like to see one half of the parking lot bid as an alternate and also that she would like to have the comfort station architect look at design of the picnic shelter and future band shell to carry design similarity. Councilmember Blesener moved to order preparation of plans and specifications for the Mendakota Park improvements based on plans presented for discussion this evening, including the addition of an observation deck on the comfort station. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 PARK IMPROVEMENT COSTS Council acknowledged a memo from Parks Project Manager Kullander regarding future expenditures for park improvements. It was the consensus of Council that the Park Commission be requested to prepare a needs and priorities list for all unbuilt trail segments and park improvements and identify funding sources. Page No. 2990 December 18, 1990 congestion of people walking around the comfort station. Mayor Mertensotto expressed concern that the stairway to the deck might create hazards for small children. He also felt that the deck would be difficult to police and could become a loft area. Councilmember Blesener suggested that if the Mayor is concerned, there could be an open railing rather than a sidewall around the deck. She stated that Mendakota park should be a community park and that a small feature like the deck would add to the development in total. Mr. Kullander informed Council that the building will be about 512 square feet and that the second floor (deck) could be enlarged to 600 square feet. It will be necessary to provide two stair cases. Responding to the Mayor's concerns, Mr. Huber stated that there will need to be some type of security lighting. Mr. Kullander stated that staff will look at widening the area between the fields to provide access for squad cars. Councilmember Blesener stated that she would like to see one half of the parking lot bid as an alternate and also that she would like to have the comfort station architect look at design of the picnic shelter and future band shell to carry design similarity. Councilmember Blesener moved to order preparation of plans and specifications for the Mendakota Park improvements based on plans presented for discussion this evening, including the addition of an observation deck on the comfort station. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 PARK IMPROVEMENT COSTS Council acknowledged a memo from Parks Project Manager Kullander regarding future expenditures for park improvements. It was the consensus of Council that the Park Commission be requested to prepare a needs and priorities list for all unbuilt trail segments and park improvements and identify funding sources. RESCHEDULED MEETING Ayes: 5 Nays: 0 Page No. 2991 December 18, 1990 Councilmember Cummins moved that the regular meeting scheduled for January 1st be rescheduled to 7:30 P.M. on Wednesday, January 2, 1991. Councilmember Biesener seconded the motion. COUNCIL COMMENDATIONS Mayor Mertensotto informed the audience that Councilmembers Hartmann and Anderson are participating in their final meeting as Council members. He expressed appreciation to both Councilmembers for their service to the community. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Resolution No. COUNCILMEMBER Councilmember Councilmember Resolution No. COUNCILMEMBER Councilmember Biesener moved adoption of 90-88, "RESOLUTION COMMENDING JOHN HARTMANN." Cummins seconded the motion. Cummins moved adoption of 90-89, "RESOLUTION COMMENDING BURT ANDERSON." Biesener seconded the motion. Councilmember Hartmann stated that during his 12 years on the Council he can attest to a number of changes, including construction of the Public Works Garage, Fire Station and City Hall. During his tenure there have been three City Administrators, two Mayors and three new Councilmembers. He expressed appreciation to his wife Kathy for her understanding and sacrifices. He also expressed appreciation to the City staff. Councilmember Anderson stated that he feels fortunate to have had the opportunity to serve the community and that he hopes that the City Council meets the measure set by City staff. He further stated that as a citizen he will miss Councilmember Hartmann. Councilmember Biesener stated that she will miss both Councilmember Anderson and Hartmann and that she hopes they will continue to be involved in City activities. Councilmember Cummins stated that he has had an opportunity to work with the state and federal levels of government where things are RESCHEDULED MEETING Ayes: 5 Nays: 0 Page No. 2991 December 18, 1990 Councilmember Cummins moved that the regular meeting scheduled for January 1st be rescheduled to 7:30 P.M. on Wednesday, January 2, 1991. Councilmember Biesener seconded the motion. COUNCIL COMMENDATIONS Mayor Mertensotto informed the audience that Councilmembers Hartmann and Anderson are participating in their final meeting as Council members. He expressed appreciation to both Councilmembers for their service to the community. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Resolution No. COUNCILMEMBER Councilmember Councilmember Resolution No. COUNCILMEMBER Councilmember Biesener moved adoption of 90-88, "RESOLUTION COMMENDING JOHN HARTMANN." Cummins seconded the motion. Cummins moved adoption of 90-89, "RESOLUTION COMMENDING BURT ANDERSON." Biesener seconded the motion. Councilmember Hartmann stated that during his 12 years on the Council he can attest to a number of changes, including construction of the Public Works Garage, Fire Station and City Hall. During his tenure there have been three City Administrators, two Mayors and three new Councilmembers. He expressed appreciation to his wife Kathy for her understanding and sacrifices. He also expressed appreciation to the City staff. Councilmember Anderson stated that he feels fortunate to have had the opportunity to serve the community and that he hopes that the City Council meets the measure set by City staff. He further stated that as a citizen he will miss Councilmember Hartmann. Councilmember Biesener stated that she will miss both Councilmember Anderson and Hartmann and that she hopes they will continue to be involved in City activities. Councilmember Cummins stated that he has had an opportunity to work with the state and federal levels of government where things are ADJOURN Ayes: 5 Nays: 0 Page No. 2992 December 18, 1990 frequently partisan. He commented that what has motivated Councilmembers Hartmann and Anderson is that they are consistently looking for what is best for the citizens and the community and that partisan politics get no consideration. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 10:30 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor ADJOURN Ayes: 5 Nays: 0 Page No. 2992 December 18, 1990 frequently partisan. He commented that what has motivated Councilmembers Hartmann and Anderson is that they are consistently looking for what is best for the citizens and the community and that partisan politics get no consideration. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 10:30 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor TO: FROM: SUBJECT: MEMO Date: 12-26-90 Mayor, City Council, and City Administrator Paul R. Berg, Code Enforcement Officer Building Activity Report for December 1990 CURRENT MONTH YEAR TO DATE 90 YEAR TO DATE 89 BUILDING PERMITS: No. Valuation Fee Collected No. Valuation Fee Collected No. Valuation Fee Collected SFD 2 333,021.00 2,884.20 74 12,118,944.00 104,876.89 91 14,594,596.00 127,528.79 APT 0 0 0 0 0 0 0 0 0 TOWNHOUSE 4 708,130.00 6,010.96 10 1,424,824.00 12,933.55 17 2,347,486.00 21,599.15 CONDO 0 0 0 16 1,278,376.00 8,116.36 43 4,309,292.00 26,308.46 MISC. 14 161,805.00 2,820.46 233 1,844,218.00 33,167.02 218 1,904,632.00 33,703.60 C/I 8 1,136,335.00 7,934.96 52 6,571,693.00 43,502.01 52 6,858,380.00 41,899.85 Sub Total 28 2,339,291.00 19,650.58 385 23,238,055.00 202,595.83 421 30,014,386.00 251,039.85 TRADE PERMITS: Plumbing 14 673.00 134 6,339.00 181 4,669.00 Water 11 55.00 124 620.00 173 865.00 Sewer 8 140.00 112 1,960.00 148 2,590.00 Heat, AC, & Gas 16 1,078.00 173 19,929.85 226 20,904.50 Sub Total 49 1,946.00 543 28,848.85 728 29,028.50 Licensing: Contractor's Licenses 16 400.00 488 12,200.00 495 12,375.00 Total 93 2,339,291.00 21,996.58 11416 23,238,055.00 243,644.68 11644 30,014,386.00 292,443.35 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. TO: FROM: SUBJECT: MEMO Date: 12-26-90 Mayor, City Council, and City Administrator Paul R. Berg, Code Enforcement Officer Building Activity Report for December 1990 CURRENT MONTH YEAR TO DATE 90 YEAR TO DATE 89 BUILDING PERMITS: No. Valuation Fee Collected No. Valuation Fee Collected No. Valuation Fee Collected SFD 2 333,021.00 2,884.20 74 12,118,944.00 104,876.89 91 14,594,596.00 127,528.79 APT 0 0 0 0 0 0 0 0 0 TOWNHOUSE 4 708,130.00 6,010.96 10 1,424,824.00 12,933.55 17 2,347,486.00 21,599.15 CONDO 0 0 0 16 1,278,376.00 8,116.36 43 4,309,292.00 26,308.46 MISC. 14 161,805.00 2,820.46 233 1,844,218.00 33,167.02 218 1,904,632.00 33,703.60 C/I 8 1,136,335.00 7,934.96 52 6,571,693.00 43,502.01 52 6,858,380.00 41,899.85 Sub Total 28 2,339,291.00 19,650.58 385 23,238,055.00 202,595.83 421 30,014,386.00 251,039.85 TRADE PERMITS: Plumbing 14 673.00 134 6,339.00 181 4,669.00 Water 11 55.00 124 620.00 173 865.00 Sewer 8 140.00 112 1,960.00 148 2,590.00 Heat, AC, & Gas 16 1,078.00 173 19,929.85 226 20,904.50 Sub Total 49 1,946.00 543 28,848.85 728 29,028.50 Licensing: Contractor's Licenses 16 400.00 488 12,200.00 495 12,375.00 Total 93 2,339,291.00 21,996.58 11416 23,238,055.00 243,644.68 11644 30,014,386.00 292,443.35 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 December 18, 1990 To: Mayor, City Council and City Adminis From: Kevin Batchelder, Administrative Subject: 1991 Amendments to Recycling Joint Powers Agreement DISCUSSION ant In September of 1990, the City Council approved the 1991 Funding Application for the Community Landfill Abatement Program funding for Mendota Heights' Recycling Program. This application requested the maximum amount ($48,527) available from Dakota County's Landfill Abatement Fund. The application also described the types of recycling activities we would be involved in for 1991. Dakota County has approved both our requested funding amount and our proposed recycling activities. To move forward with our 1991 Recycling Program we must amend the existing 1990 Joint Powers Agreement. I have attached a copy for your review. The only amendments are the new funding amounts and an increase in the abatement goals. ACTION REQUIRED If the Council so desires, they should pass amotion authorizing the Mayor to sign the amended Joint Powers Agreement and enter into agreement with Dakota County for the 1990 Recycling Program. CITY OF MENDOTA HEIGHTS MEMO December 18, 1990 To: Mayor, City Council and City Adminis From: Kevin Batchelder, Administrative Subject: 1991 Amendments to Recycling Joint Powers Agreement DISCUSSION ant In September of 1990, the City Council approved the 1991 Funding Application for the Community Landfill Abatement Program funding for Mendota Heights' Recycling Program. This application requested the maximum amount ($48,527) available from Dakota County's Landfill Abatement Fund. The application also described the types of recycling activities we would be involved in for 1991. Dakota County has approved both our requested funding amount and our proposed recycling activities. To move forward with our 1991 Recycling Program we must amend the existing 1990 Joint Powers Agreement. I have attached a copy for your review. The only amendments are the new funding amounts and an increase in the abatement goals. ACTION REQUIRED If the Council so desires, they should pass amotion authorizing the Mayor to sign the amended Joint Powers Agreement and enter into agreement with Dakota County for the 1990 Recycling Program. r -- DAKOTA COUNTY JEFFREY J. CONNELL DIRECTOR DEPARTMENT OF PLANNING & PROGRAM MANAGEMENT (612) 431-1158 7300 WEST 147th STREET, SUITE 4503 APPLE VALLEY, MINNESOTA 55124 MEMORANDUM TO: Local Solid Waste Staff FROM: Gayle A. Prest, Recycling Speciali ' U/5161\64_ DATE: December 7, 1990 SUBJECT: 1991 Amendments to Joint Powers Agreements Enclosed please find the amendment to the Joint Powers Agreement between Dakota County and your city which reflects the 1991 program and funding. Please see that the appropriate city official signs the amendment and that it is notarized before returning it to me. Once it has been executed by the County, I will send you a c.� In order to release your first 1991 payment by February 1, the amendment must be returned to me no later than January If you have any questions or concerns do not hesitate to contact me. AN EQUAL OPPORTUNITY EMPLOYER r -- DAKOTA COUNTY JEFFREY J. CONNELL DIRECTOR DEPARTMENT OF PLANNING & PROGRAM MANAGEMENT (612) 431-1158 7300 WEST 147th STREET, SUITE 4503 APPLE VALLEY, MINNESOTA 55124 MEMORANDUM TO: Local Solid Waste Staff FROM: Gayle A. Prest, Recycling Speciali ' U/5161\64_ DATE: December 7, 1990 SUBJECT: 1991 Amendments to Joint Powers Agreements Enclosed please find the amendment to the Joint Powers Agreement between Dakota County and your city which reflects the 1991 program and funding. Please see that the appropriate city official signs the amendment and that it is notarized before returning it to me. Once it has been executed by the County, I will send you a c.� In order to release your first 1991 payment by February 1, the amendment must be returned to me no later than January If you have any questions or concerns do not hesitate to contact me. AN EQUAL OPPORTUNITY EMPLOYER AMENDMENT TO 1989 1990 CONTRACT BETWEEN COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS WHEREAS, the County and the City of Mendota Heights, hereinafter "Municipality", entered into a contract for the provision of the funding of landfill abatement programs, specifically recycling activities; and WHEREAS, the parties desire to amend the Contract so as to enable both parties to continue to enjoy the mutual benefits it provides; and WHEREAS, Paragraph 17 of the Contract provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree that said Contract regarding funding is hereby amended as follows: 1. Exhibit A. is amended by the addition of -Part III consisting of the "RSWC" 1991 Funding application. 2. Paragraph 3b, as stated below, is inserted after Paragraph 3a "Program Budget: '1990". 3b Program Budget: 1991 The amount payable in 1991 shall not exceed Forty Eight Thousand Five Hundred Twenty Seven Dollars ($ 48,527), which includes a carryover of Five Thousand Eight Hundred and Fifty Dollars ($ 5,850) from 1990, funding. This is funding that was disbursed in 1990 but unspent. The Dakota County Physical Development*Director or his designee shall have the authority to approve modifications to Exhibit A, Part III as requested by the Municipality, so long as the proposed modifications do not exceed this amount and are consistent with the County's guidelines. 3. Paragraph 4b, as stated below, is inserted afterParagraph 4a "Payment Schedule and Annual Report: 1990." 4b Payment Schedule and Annual Report: 1991 The County will pay the Municipality the grant amount specified in Paragraph 3b in four (4) equal installments, upon County receipt and Page 1 of 3 AMENDMENT TO 1989 1990 CONTRACT BETWEEN COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS WHEREAS, the County and the City of Mendota Heights, hereinafter "Municipality", entered into a contract for the provision of the funding of landfill abatement programs, specifically recycling activities; and WHEREAS, the parties desire to amend the Contract so as to enable both parties to continue to enjoy the mutual benefits it provides; and WHEREAS, Paragraph 17 of the Contract provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree that said Contract regarding funding is hereby amended as follows: 1. Exhibit A. is amended by the addition of -Part III consisting of the "RSWC" 1991 Funding application. 2. Paragraph 3b, as stated below, is inserted after Paragraph 3a "Program Budget: '1990". 3b Program Budget: 1991 The amount payable in 1991 shall not exceed Forty Eight Thousand Five Hundred Twenty Seven Dollars ($ 48,527), which includes a carryover of Five Thousand Eight Hundred and Fifty Dollars ($ 5,850) from 1990, funding. This is funding that was disbursed in 1990 but unspent. The Dakota County Physical Development*Director or his designee shall have the authority to approve modifications to Exhibit A, Part III as requested by the Municipality, so long as the proposed modifications do not exceed this amount and are consistent with the County's guidelines. 3. Paragraph 4b, as stated below, is inserted afterParagraph 4a "Payment Schedule and Annual Report: 1990." 4b Payment Schedule and Annual Report: 1991 The County will pay the Municipality the grant amount specified in Paragraph 3b in four (4) equal installments, upon County receipt and Page 1 of 3 approval of progress reports, as follows: February 1, 1991 May 1, 1991 August 1, 1991 November 1, 1991 Progress reports shall be submitted in the form prescribed by the County. By January 30, 1992, the Municipality shall submit its 1991 Annual Report in the form prescribed by the County. The County shall evaluate the Municipality's 1991 performance pursuant to this Agreement. The following evaluation formula shall be utilized: achievement of 14% residential recycling rate (only 25% of tonnage used to calculate may be yardwaste) 75 points (5.36 points per 1%) conduct promotional programs as 25 points outlined in Exhibit A, Part III The Municipality will reimburse the County the following percentages of funds paid pursuant to Paragraph 3 based on the following evaluation scores: 0 - 50 points 50% 51 - 75 points 25% 76 - 90 points 10% 91 - 100 points 0% If the Municipality receives funding pursuant to this Agreement in 1992, such reimbursement shall be deducted from the 1992 payments by the County to the Municipality. If the Municipality does not receive such funding in 1992, such reimbursement shall be made by February 28, 1992. Monies received under this Agreement or assets acquired with funds provided under this Agreement which are not used for or do not continue in use for a County -approved landfill abatement project shall be repaid or returned to the County. 4. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall govern. Page 2 of 3 approval of progress reports, as follows: February 1, 1991 May 1, 1991 August 1, 1991 November 1, 1991 Progress reports shall be submitted in the form prescribed by the County. By January 30, 1992, the Municipality shall submit its 1991 Annual Report in the form prescribed by the County. The County shall evaluate the Municipality's 1991 performance pursuant to this Agreement. The following evaluation formula shall be utilized: achievement of 14% residential recycling rate (only 25% of tonnage used to calculate may be yardwaste) 75 points (5.36 points per 1%) conduct promotional programs as 25 points outlined in Exhibit A, Part III The Municipality will reimburse the County the following percentages of funds paid pursuant to Paragraph 3 based on the following evaluation scores: 0 - 50 points 50% 51 - 75 points 25% 76 - 90 points 10% 91 - 100 points 0% If the Municipality receives funding pursuant to this Agreement in 1992, such reimbursement shall be deducted from the 1992 payments by the County to the Municipality. If the Municipality does not receive such funding in 1992, such reimbursement shall be made by February 28, 1992. Monies received under this Agreement or assets acquired with funds provided under this Agreement which are not used for or do not continue in use for a County -approved landfill abatement project shall be repaid or returned to the County. 4. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall govern. Page 2 of 3 • • IN WITNESS WHEREOF, the parties have executed this Amendment to the 1989/1990 Contract on the dates indicated below. Approved as t /s/qc7 COUNTY OF DAKOTA Assistant County Attorney/Date Physical Development Director Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. 90-819 Date of Signature STATE OF MINNESOTA) CITY OF COUNTY OF DAKOTA ) By: Title ss. Date of Signature Attest: Corporation/Organization This instrument was acknowledged before me on by (title) , of (company name) , who, being duly sworn, represents and warrants that he/she/they is/are authorized by law and all necessary board action to execute this contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. Notary Public Page 3 of 3 ctycont • • IN WITNESS WHEREOF, the parties have executed this Amendment to the 1989/1990 Contract on the dates indicated below. Approved as t /s/qc7 COUNTY OF DAKOTA Assistant County Attorney/Date Physical Development Director Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. 90-819 Date of Signature STATE OF MINNESOTA) CITY OF COUNTY OF DAKOTA ) By: Title ss. Date of Signature Attest: Corporation/Organization This instrument was acknowledged before me on by (title) , of (company name) , who, being duly sworn, represents and warrants that he/she/they is/are authorized by law and all necessary board action to execute this contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. Notary Public Page 3 of 3 ctycont CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION ESTABLISHING 1991 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the City Council of the City of Mendota Heights, that the following institutions be designated as depositories for City funds for 1991: Dakota County State Bank Signal Hills State Bank First Minnesota Savings Bank Norwest Bank of Minnesota Cherokee State Bank Minnesota State Bank First Bank of Minnesota American National Bank and Trust Company of St. Paul Minnesota Municipal Money Market Fund BE IT FURTHER RESOLVED that investments of City funds be in any securities authorized by Minnesota Statutes Chapters 118.17, 475.66 and 471.56. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION ESTABLISHING 1991 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the City Council of the City of Mendota Heights, that the following institutions be designated as depositories for City funds for 1991: Dakota County State Bank Signal Hills State Bank First Minnesota Savings Bank Norwest Bank of Minnesota Cherokee State Bank Minnesota State Bank First Bank of Minnesota American National Bank and Trust Company of St. Paul Minnesota Municipal Money Market Fund BE IT FURTHER RESOLVED that investments of City funds be in any securities authorized by Minnesota Statutes Chapters 118.17, 475.66 and 471.56. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1991 WHEREAS, every designated depository of City funds must provide collateral or other security to the City to protect against financial loss, pursuant to Minnesota Statutes Chapter 118.01 and 427.01, and WHEREAS, all financial institutions designated as depositories for 1991 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits, and WHEREAS, the City's deposits in two financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW THEREFORE BE IT RESOLVED that the following pledged securities be accepted by the City as additional collateral for calendar year 1991: CHEROKEE STATE BANK $500,000 U.S. Treasury Notes 8 3/8% due 2/15/93 $200,000 8 3/4% 8/15/91 $100,000 7 3/8% 2/15/91 DAKOTA COUNTY STATE BANK $134,462 Countrywide Mtg. 7.9% due 3/20/2004 $ 58,119 Countrywide Mtg. 7.95% 11/1/2011 $400,000 FHLMC CMO 8.79% 9/15/2019 $500,000 HLB 8.30% 9/27/93 Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1991 WHEREAS, every designated depository of City funds must provide collateral or other security to the City to protect against financial loss, pursuant to Minnesota Statutes Chapter 118.01 and 427.01, and WHEREAS, all financial institutions designated as depositories for 1991 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits, and WHEREAS, the City's deposits in two financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW THEREFORE BE IT RESOLVED that the following pledged securities be accepted by the City as additional collateral for calendar year 1991: CHEROKEE STATE BANK $500,000 U.S. Treasury Notes 8 3/8% due 2/15/93 $200,000 8 3/4% 8/15/91 $100,000 7 3/8% 2/15/91 DAKOTA COUNTY STATE BANK $134,462 Countrywide Mtg. 7.9% due 3/20/2004 $ 58,119 Countrywide Mtg. 7.95% 11/1/2011 $400,000 FHLMC CMO 8.79% 9/15/2019 $500,000 HLB 8.30% 9/27/93 Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO December 27, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Administ� SUBJECT: 1991 Salary Adjustment - Shawn Sanders INTRODUCTION/BACKGROUND At our last Council meeting, action was taken on the 1991 Schedule of Compensation for our employees. At that time, I neglected to include mention of our temporary engineer, Mr. Shawn Sanders, in the resolution which was provided for your consideration. It is now recommended that he be considered for a salary adjustment effective January 1, 1991. DISCUSSION Our City engineering function is staffed by four full time employees, and one or two temporary employees depending upon project volume and workload. These temporary employees allow us the opportunity to inexpensively hire graduate engineers who are looking for practical experience - an arrangement which is mutually beneficial to both the City and the employee. Past experience indicates that our temporary engineers typically stay with the City two to four years and then move on to more responsible engineering positions elsewhere. Temporary engineers with the City do not receive full City benefits, but are provided with standard City holidays. RECOMMENDATION As our primary temporary engineer, Mr. Sanders is currently in his ninth month of employment. During that time he has done an excellent job and has become an important member of our engineering team. The attached memo from Public Works Director Danielson outlines his recommendation for a salary adjustment for Mr. Sanders, and I am in agreement with his recommendation. ACTION REQUIRED Council should review the recommendation outlined by Mr. Danielson and, if in agreement, authorize a wage rate adjustment to $11.00 per hour for Mr. Shawn Sanders effective January 1, 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO December 27, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Administ� SUBJECT: 1991 Salary Adjustment - Shawn Sanders INTRODUCTION/BACKGROUND At our last Council meeting, action was taken on the 1991 Schedule of Compensation for our employees. At that time, I neglected to include mention of our temporary engineer, Mr. Shawn Sanders, in the resolution which was provided for your consideration. It is now recommended that he be considered for a salary adjustment effective January 1, 1991. DISCUSSION Our City engineering function is staffed by four full time employees, and one or two temporary employees depending upon project volume and workload. These temporary employees allow us the opportunity to inexpensively hire graduate engineers who are looking for practical experience - an arrangement which is mutually beneficial to both the City and the employee. Past experience indicates that our temporary engineers typically stay with the City two to four years and then move on to more responsible engineering positions elsewhere. Temporary engineers with the City do not receive full City benefits, but are provided with standard City holidays. RECOMMENDATION As our primary temporary engineer, Mr. Sanders is currently in his ninth month of employment. During that time he has done an excellent job and has become an important member of our engineering team. The attached memo from Public Works Director Danielson outlines his recommendation for a salary adjustment for Mr. Sanders, and I am in agreement with his recommendation. ACTION REQUIRED Council should review the recommendation outlined by Mr. Danielson and, if in agreement, authorize a wage rate adjustment to $11.00 per hour for Mr. Shawn Sanders effective January 1, 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO December 20, 1990 TO: City Administrator FROM: James E. Danielson, Public Works it o SUBJECT: Shawn Sanders, 1991 Salary Adjust t BACKGROUND: Shawn Sanders has now been with the City for nine months. Shawn is a graduate Civil Engineer who is filling our full-time, temporary engineer position. Although we designate the position as temporary, we have always had someone in it. We have never paid full benefits to anyone occupying the position. DISCUSSION: Shawn has done an excellent job during his first nine months and I highly recommend that the City reward him by adjusting his 1991 compensation from $10.00 to $11.00 per hour (a 4% cost of living raise,plus 6% - to approximate the normal 6 month step increase that other new City employees receive). The $11.00 per hour salary is still below what other employers are paying for recent graduate civil engineers. Shawn is the key ingredient in the Engineering Department's ability to complete the Furlong Addition project in a timely fashion. JED:dfw CITY OF MENDOTA HEIGHTS MEMO December 20, 1990 TO: City Administrator FROM: James E. Danielson, Public Works it o SUBJECT: Shawn Sanders, 1991 Salary Adjust t BACKGROUND: Shawn Sanders has now been with the City for nine months. Shawn is a graduate Civil Engineer who is filling our full-time, temporary engineer position. Although we designate the position as temporary, we have always had someone in it. We have never paid full benefits to anyone occupying the position. DISCUSSION: Shawn has done an excellent job during his first nine months and I highly recommend that the City reward him by adjusting his 1991 compensation from $10.00 to $11.00 per hour (a 4% cost of living raise,plus 6% - to approximate the normal 6 month step increase that other new City employees receive). The $11.00 per hour salary is still below what other employers are paying for recent graduate civil engineers. Shawn is the key ingredient in the Engineering Department's ability to complete the Furlong Addition project in a timely fashion. JED:dfw Mendota Heights Police Department MEMORANDUM 28 December, 1990 TO: Mayor and City Council City Admini FROM: Chief of Police SUBJECT: Sale of Surplus Property INTRODUCTION The Police Department is requesting permission to sell seven revolvers that are surplus City property. RISTORY We recently went through a transition from City -owned and issued revolvers, to Department specified, Officer -owned semi-automatic sidearms. This has resulted in a surplus of 9, City -owned Smith and Wesson model 66, .357 magnum revolvers. DISCUSSION We would like to retain two of the Model 66's to use as "back-up" weapons in the event that an Officer's gun is down for repairs, and as initial issue weapons in the event of new appointments to the Department. The other seven have no value to us and we would rather sell them than store them. We would sell the property in accordance with City Ordinances, but I would prefer to offer the guns for sale to Federally Licensed Firearms Dealers only. This eliminates our liability for a defective weapon, or a weapon being put into the hands of a criminal, or future criminal, by the Police Department. I anticipate that these guns will sell for approximately $75 - $100 each. RECOMMENDATION That Council authorize the sale of 7 surplus pistols to Federally Licensed Firearms Dealers. The weapons will be sold on an "as -is" basis and by sealed bids. Mendota Heights Police Department MEMORANDUM 28 December, 1990 TO: Mayor and City Council City Admini FROM: Chief of Police SUBJECT: Sale of Surplus Property INTRODUCTION The Police Department is requesting permission to sell seven revolvers that are surplus City property. RISTORY We recently went through a transition from City -owned and issued revolvers, to Department specified, Officer -owned semi-automatic sidearms. This has resulted in a surplus of 9, City -owned Smith and Wesson model 66, .357 magnum revolvers. DISCUSSION We would like to retain two of the Model 66's to use as "back-up" weapons in the event that an Officer's gun is down for repairs, and as initial issue weapons in the event of new appointments to the Department. The other seven have no value to us and we would rather sell them than store them. We would sell the property in accordance with City Ordinances, but I would prefer to offer the guns for sale to Federally Licensed Firearms Dealers only. This eliminates our liability for a defective weapon, or a weapon being put into the hands of a criminal, or future criminal, by the Police Department. I anticipate that these guns will sell for approximately $75 - $100 each. RECOMMENDATION That Council authorize the sale of 7 surplus pistols to Federally Licensed Firearms Dealers. The weapons will be sold on an "as -is" basis and by sealed bids. � Mendota Heights Police Department -Do No Apt co- 90_19-1 January 3, 1991 Dear Licensed Firearms Dealer: You are invited to bid on the following seven (7) handguns being sold by the City of Mendota Heights. 3 - Smith & Wesson Model 66, 4" barrel, stainless steel, .357 magnum revolvers with Pachmayar rubber grips. 3 - Smith & Wesson Model 66, 4" barrel, stainless steel, .357 magnum revolvers with the original wooden grips. 1 - Smith & Wesson Model 66-2, 4" barrel, stainless steel, .357 magnum revolver with original wooden grips. These weapons are believed to be in excellent condition. They have become surplus as a result of the Department's transition to automatic sidearms. The sale will be conducted pursuant to the following terms: 1. Bids will be accepted only by Federally licensed firearms dealers. The sale is not open to individuals. 2. Weapons are sold "as is", and the City of Mendota Heights accepts no responsibility, nor provides any warranty for the condition, or subsequent use of the firearm. 3. Guns will be sold on a "lot" basis. Bids on individual weapons will not be considered. Your bid will be for all seven (7) described firearms. 4. All bids must be received on the enclosed bid form. 5. Bids must be received by the Mendota Heights City Clerk, 1101 Victoria Curve, Mendota Heights, MN 55118, no later than 4:30 p.m. on Friday, January 18, 1991. 6. The successful bidder will be notified and must pay for the property with a Cashier's check, money order, or cash when that property is redeemed. The property must be redeemed within five (5) working days of the bid closing. 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1366 � Mendota Heights Police Department -Do No Apt co- 90_19-1 January 3, 1991 Dear Licensed Firearms Dealer: You are invited to bid on the following seven (7) handguns being sold by the City of Mendota Heights. 3 - Smith & Wesson Model 66, 4" barrel, stainless steel, .357 magnum revolvers with Pachmayar rubber grips. 3 - Smith & Wesson Model 66, 4" barrel, stainless steel, .357 magnum revolvers with the original wooden grips. 1 - Smith & Wesson Model 66-2, 4" barrel, stainless steel, .357 magnum revolver with original wooden grips. These weapons are believed to be in excellent condition. They have become surplus as a result of the Department's transition to automatic sidearms. The sale will be conducted pursuant to the following terms: 1. Bids will be accepted only by Federally licensed firearms dealers. The sale is not open to individuals. 2. Weapons are sold "as is", and the City of Mendota Heights accepts no responsibility, nor provides any warranty for the condition, or subsequent use of the firearm. 3. Guns will be sold on a "lot" basis. Bids on individual weapons will not be considered. Your bid will be for all seven (7) described firearms. 4. All bids must be received on the enclosed bid form. 5. Bids must be received by the Mendota Heights City Clerk, 1101 Victoria Curve, Mendota Heights, MN 55118, no later than 4:30 p.m. on Friday, January 18, 1991. 6. The successful bidder will be notified and must pay for the property with a Cashier's check, money order, or cash when that property is redeemed. The property must be redeemed within five (5) working days of the bid closing. 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1366 7. Inspection of the weapons is available on an individual basis by appointment with the Mendota Heights Police Department - PH: 452-1366. 8. The City of Mendota Heights reserves the right to refuse any and all bids. And any sale will be considered final. Additional information, if needed, is available by contacting D. Delmont, Chief of Police at 452-1366. Yours truly, Dennis J. Delmont Chief of Police DJD:cb Enclosure 7. Inspection of the weapons is available on an individual basis by appointment with the Mendota Heights Police Department - PH: 452-1366. 8. The City of Mendota Heights reserves the right to refuse any and all bids. And any sale will be considered final. Additional information, if needed, is available by contacting D. Delmont, Chief of Police at 452-1366. Yours truly, Dennis J. Delmont Chief of Police DJD:cb Enclosure Mendota Heights Police Department MEMORANDUM 28 December, 1990 TO: Mayor and City Council City Adminis FROM: Chief of Police SUBJECT: Purchase of Computer Equipment INTRODUCTION The Police Department requests permission to buy computer hardware necessary for the upgrade of the existing computer system. JIISTORY Council approved $8,000 in the 1991 Police Department budget to upgrade our present 9", Macintosh Plus computer network. The original intent was to replace two of our six Mac Plus computers with two Mac IIcx computers. Since that time, Apple has introduced a new model Macintosh, the Mac LC. It is an upgrade of the IIcx and is available at a much lower cost. We can now upgrade 3 positions for the same $8,000 that we needed to upgrade two positions 8 months ago. DISCUSSION Secretary Bakka and Clerk Trost are badly in need of new computers to assist them with the ever-increasing load of paperwork being generated by the Department. Sgt. Larrie Mack handles all of the statistics for our patrol activity and squad maintenance, and his present equipment is woefully under -powered for the task. We would like to purchase systems for each of these positions, and the new Macintosh products will allow us to do this for our requested, and approved, $8,000. RECOMMENDATION That Council authorize the expenditure of up to $8,000 for the purchase of computer equipment to upgrade the Police Department's network. Mendota Heights Police Department MEMORANDUM 28 December, 1990 TO: Mayor and City Council City Adminis FROM: Chief of Police SUBJECT: Purchase of Computer Equipment INTRODUCTION The Police Department requests permission to buy computer hardware necessary for the upgrade of the existing computer system. JIISTORY Council approved $8,000 in the 1991 Police Department budget to upgrade our present 9", Macintosh Plus computer network. The original intent was to replace two of our six Mac Plus computers with two Mac IIcx computers. Since that time, Apple has introduced a new model Macintosh, the Mac LC. It is an upgrade of the IIcx and is available at a much lower cost. We can now upgrade 3 positions for the same $8,000 that we needed to upgrade two positions 8 months ago. DISCUSSION Secretary Bakka and Clerk Trost are badly in need of new computers to assist them with the ever-increasing load of paperwork being generated by the Department. Sgt. Larrie Mack handles all of the statistics for our patrol activity and squad maintenance, and his present equipment is woefully under -powered for the task. We would like to purchase systems for each of these positions, and the new Macintosh products will allow us to do this for our requested, and approved, $8,000. RECOMMENDATION That Council authorize the expenditure of up to $8,000 for the purchase of computer equipment to upgrade the Police Department's network. CITY OF MENDOTA HEIGHTS MEMO -X December 28, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Daniel Public Works Direc SUBJECT: Mn/DOT Co-op Agment - Lilydale/Sylvandale Road Storm Sewer Construction Job No. 9008 Improvement No. 90, Project No. 2 DISCUSSION: Last summer Mn/DOT was made aware of a failed storm sewer line that carries Mendota Heights' storm water under Trunk High- way 13 and empties down the bluff to the Mississippi River. The existing pipe system was so old that there was no evidence of when or how it was constructed. Because this pipe is a State owned facility that crosses from Mendota Heights under State Trunk Highway 13 to a different City (Lilydale), Mn/DOT is the agency responsible for its reconstruction. Under Mn/DOT's rules, there is a formula.for calculating how the project is funded. Mn/DOT originally calculated the total project cost is approxi- mately $75,000, with Mendota Heights' share of the construction to be in excess of $60,000. Staff negotiated that amount down to the current estimated amount of $28,642. Mn/DOT will pay the rest of the costs to include Lilydale's share because of their small population. As a condition of the reduction, Mn/DOT asked that the City not charge them for any of the costs related to a potential Ivy Falls Creek project located down stream from this project. Staff feels that any Mn/DOT participation in that project would be minimal and that this request is reasonable. Mn/DOT has informed us that they have notified the Mendota Heights residents that are to be affected by this project. Staff proposes to send another letter to these same residents after Council approves the agreement updating them on the progress of the project. RECOMMENDATION: Council agreed to participate with Mn/DOT in this project at their August 21, 1990 City Council meeting, after which time Mn/DOT officials drafted the attached agreement documenting the terms of the construction. ACTION REQUIRED: If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 90- , RESOLUTION APPROVING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPER- ATIVE CONSTRUCTION AGREEMENT NUMBER 67784, STATE PROJECT NO. 1902-43 (TRUNK HIGHWAY 13=194). JED:dfw CITY OF MENDOTA HEIGHTS MEMO -X December 28, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Daniel Public Works Direc SUBJECT: Mn/DOT Co-op Agment - Lilydale/Sylvandale Road Storm Sewer Construction Job No. 9008 Improvement No. 90, Project No. 2 DISCUSSION: Last summer Mn/DOT was made aware of a failed storm sewer line that carries Mendota Heights' storm water under Trunk High- way 13 and empties down the bluff to the Mississippi River. The existing pipe system was so old that there was no evidence of when or how it was constructed. Because this pipe is a State owned facility that crosses from Mendota Heights under State Trunk Highway 13 to a different City (Lilydale), Mn/DOT is the agency responsible for its reconstruction. Under Mn/DOT's rules, there is a formula.for calculating how the project is funded. Mn/DOT originally calculated the total project cost is approxi- mately $75,000, with Mendota Heights' share of the construction to be in excess of $60,000. Staff negotiated that amount down to the current estimated amount of $28,642. Mn/DOT will pay the rest of the costs to include Lilydale's share because of their small population. As a condition of the reduction, Mn/DOT asked that the City not charge them for any of the costs related to a potential Ivy Falls Creek project located down stream from this project. Staff feels that any Mn/DOT participation in that project would be minimal and that this request is reasonable. Mn/DOT has informed us that they have notified the Mendota Heights residents that are to be affected by this project. Staff proposes to send another letter to these same residents after Council approves the agreement updating them on the progress of the project. RECOMMENDATION: Council agreed to participate with Mn/DOT in this project at their August 21, 1990 City Council meeting, after which time Mn/DOT officials drafted the attached agreement documenting the terms of the construction. ACTION REQUIRED: If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 90- , RESOLUTION APPROVING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPER- ATIVE CONSTRUCTION AGREEMENT NUMBER 67784, STATE PROJECT NO. 1902-43 (TRUNK HIGHWAY 13=194). JED:dfw CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION APPROVING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT NUMBER 67784, STATE PROJECT NO. 1902-43 (TRUNK HIGHWAY 13=194) WHEREAS the City of Mendota Heights agrees to participate with the State of Minnesota, Department of Transportation in the reconstruction of the storm sewer facilities along Trunk Highway 13 adjacent to Sylvandale Road, subject to the State of Minnesota, Department of Transportation agreeing to participate with the City in the Mendota Interchange storm sewer improvements to control the level of Lake LeMay. NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights enter into Agreement No. 67784 with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide for payment by the City to the State of the City's share of the cost of the storm sewer facilities construction and other associated construction to be performed upon, along and adjacent to Sylvandale Road from the Trunk Highway No. 13 southeasterly right-of-way line (approximately Engineer Station 20+16) to inplace Manhole No. 3 located approximately 250 feet southeasterly of the Sylvandale Road -Butler Road intersection within the corporate City limits under State Project No. 1902-43 (Trunk Highway 13=194). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION APPROVING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT NUMBER 67784, STATE PROJECT NO. 1902-43 (TRUNK HIGHWAY 13=194) WHEREAS the City of Mendota Heights agrees to participate with the State of Minnesota, Department of Transportation in the reconstruction of the storm sewer facilities along Trunk Highway 13 adjacent to Sylvandale Road, subject to the State of Minnesota, Department of Transportation agreeing to participate with the City in the Mendota Interchange storm sewer improvements to control the level of Lake LeMay. NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights enter into Agreement No. 67784 with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide for payment by the City to the State of the City's share of the cost of the storm sewer facilities construction and other associated construction to be performed upon, along and adjacent to Sylvandale Road from the Trunk Highway No. 13 southeasterly right-of-way line (approximately Engineer Station 20+16) to inplace Manhole No. 3 located approximately 250 feet southeasterly of the Sylvandale Road -Butler Road intersection within the corporate City limits under State Project No. 1902-43 (Trunk Highway 13=194). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk 40me4 , Minnesota Department of Transportation 1 pt Metropolitan District cfSr Transportation Building St. Paul, Minnesota 55155 OP Ts144 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to December 18, 1990 Telephone No 296-3005 Mr. James Danielson 'Public Works Director 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Danielson: SUBJECT: Proposed Coop. Const. Agree. No. 67784 City of Mendota Heights S.P. 1902-43 (T.H. 13=I94) State Funds City cost storm sewer construction by the State along and adjacent to Sylvandale Road from T.H. 13 to an inplace manhole near Butler Road. Transmitted herewith in triplicate is a proposed agreement with the City of Mendota Heights. This agreement provides for payment by the City to the State of the City's share of the costs of the storm sewer construction to be performed upon, along and adjacent to Sylvandale Road within the corporate City limits. Kindly present this agreement to' the City Council for their approval and execution which includes original signatures of the City Council authorized City officers on all three copies of the agreement. Also required are three copies of a new resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is also enclosed. It is requested that the executed agreement and resolution copies be forwarded to this office as soon as possible. A copy will be returned to the City when fully executed. ncerely, tal i am r-wford .'j istrict Engineer An Equal Opportunity Employer 40me4 , Minnesota Department of Transportation 1 pt Metropolitan District cfSr Transportation Building St. Paul, Minnesota 55155 OP Ts144 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to December 18, 1990 Telephone No 296-3005 Mr. James Danielson 'Public Works Director 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Danielson: SUBJECT: Proposed Coop. Const. Agree. No. 67784 City of Mendota Heights S.P. 1902-43 (T.H. 13=I94) State Funds City cost storm sewer construction by the State along and adjacent to Sylvandale Road from T.H. 13 to an inplace manhole near Butler Road. Transmitted herewith in triplicate is a proposed agreement with the City of Mendota Heights. This agreement provides for payment by the City to the State of the City's share of the costs of the storm sewer construction to be performed upon, along and adjacent to Sylvandale Road within the corporate City limits. Kindly present this agreement to' the City Council for their approval and execution which includes original signatures of the City Council authorized City officers on all three copies of the agreement. Also required are three copies of a new resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is also enclosed. It is requested that the executed agreement and resolution copies be forwarded to this office as soon as possible. A copy will be returned to the City when fully executed. ncerely, tal i am r-wford .'j istrict Engineer An Equal Opportunity Employer PRE -LETTING STATE OF MINNESOTA SERVICES ' DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT AGREEMENT NO. 67784 S.P. 1902-43 (T.H. 13=194) State Funds Agreement between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and (None) The City of Mendota Heights Re: City cost storm sewer construction ESTIMATED AMOUNT by the State along and adjacent to RECEIVABLE Sylvandale Road from T.H. 13 to an inplace manhole near Butler Road $28,642.40 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Mendota Heights, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". PRE -LETTING STATE OF MINNESOTA SERVICES ' DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT AGREEMENT NO. 67784 S.P. 1902-43 (T.H. 13=194) State Funds Agreement between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and (None) The City of Mendota Heights Re: City cost storm sewer construction ESTIMATED AMOUNT by the State along and adjacent to RECEIVABLE Sylvandale Road from T.H. 13 to an inplace manhole near Butler Road $28,642.40 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Mendota Heights, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 67784 WITNESSETH: WHEREAS the State is about to perform detention pond and storm sewer facilities construction and other associated construction along Trunk Highway No. 13 from Engineer Station 158+00 (approximately 100 feet southwesterly of Sylvandale Road) to Engineer Station 164+34 (Brompton Place), and upon, along and adjacent to Sylvandale Road from the Trunk Highway No. 13 southeasterly right-of-way line (approximately Engineer Station 20+16) to inplace Manhole No. 3 located approximately 250 feet southeasterly of the Sylvandale Road - Butler Road intersection within the corporate City limits in accordance with State plans, specifications and/or special provisions designated as State Project No. 1902-43 (T.H. 13=194); and WHEREAS the storm sewer facilities will collect and convey storm water drainage from both trunk highway right-of-way and adjacent City property; and WHEREAS the City has expressed its willingness to reimburse the State 100 percent of the costs of the storm sewer facilities construction to be performed along and adjacent to Sylvandale Road from Trunk Highway No. 13 to inplace Manhole No. 3 thereby effectively reducing the City's cost share to approximately half of what it would have been had the City's cost share been based on contributing flows for the entire ponding and storm sewer system; and 2 67784 WITNESSETH: WHEREAS the State is about to perform detention pond and storm sewer facilities construction and other associated construction along Trunk Highway No. 13 from Engineer Station 158+00 (approximately 100 feet southwesterly of Sylvandale Road) to Engineer Station 164+34 (Brompton Place), and upon, along and adjacent to Sylvandale Road from the Trunk Highway No. 13 southeasterly right-of-way line (approximately Engineer Station 20+16) to inplace Manhole No. 3 located approximately 250 feet southeasterly of the Sylvandale Road - Butler Road intersection within the corporate City limits in accordance with State plans, specifications and/or special provisions designated as State Project No. 1902-43 (T.H. 13=194); and WHEREAS the storm sewer facilities will collect and convey storm water drainage from both trunk highway right-of-way and adjacent City property; and WHEREAS the City has expressed its willingness to reimburse the State 100 percent of the costs of the storm sewer facilities construction to be performed along and adjacent to Sylvandale Road from Trunk Highway No. 13 to inplace Manhole No. 3 thereby effectively reducing the City's cost share to approximately half of what it would have been had the City's cost share been based on contributing flows for the entire ponding and storm sewer system; and 2 67784 WHEREAS due to that reduction of the City's cost share, all future storm sewer facilities construction that is. within Ivy Hills Park or is associated with Ivy Hills Park Pond or is associated with Ivy Falls Creek which is downstream from Ivy Hills Park Pond shall be performed without cost or expense to the State; and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 1902-43 (T.H. 13=194) in accordance with State plans, specifications and/or special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. 3 67784 WHEREAS due to that reduction of the City's cost share, all future storm sewer facilities construction that is. within Ivy Hills Park or is associated with Ivy Hills Park Pond or is associated with Ivy Falls Creek which is downstream from Ivy Hills Park Pond shall be performed without cost or expense to the State; and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 1902-43 (T.H. 13=194) in accordance with State plans, specifications and/or special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. 3 67784 Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All of the contract construction shall be performed in compliance with the approved plans, specifications and/or special provisions. Section C. Plan Chancres, Additional Construction, Etc. The State shall make changes in the plans and/or contract construction, which may include the City cost participation construction covered under this agreement, and shall enter into any necessary addenda, change orders and/or supplemental agreements with the State's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's District Engineer at St. Paul or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and/or supplemental agreements to the construction contract which will affect the City cost participation construction covered under this agreement. Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 4 67784 Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All of the contract construction shall be performed in compliance with the approved plans, specifications and/or special provisions. Section C. Plan Chancres, Additional Construction, Etc. The State shall make changes in the plans and/or contract construction, which may include the City cost participation construction covered under this agreement, and shall enter into any necessary addenda, change orders and/or supplemental agreements with the State's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's District Engineer at St. Paul or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and/or supplemental agreements to the construction contract which will affect the City cost participation construction covered under this agreement. Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 4 67784 ARTICLE II - INSPECTION BY THE CITY The City cost participation construction covered under this agreement and the holding pond constructed under the construction contract shall be open to inspection by the City. If the City believes the City cost participation construction covered under this agreement has not been properly performed or that the construction is defective, or the holding pond is not being properly maintained by the State, the City shall inform the State's District Engineer in writing of those defects or deficiencies. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the City cost participation construction covered under this agreement has been satisfactorily performed by the State's contractor or whether the holding pond constructed under the construction contract is being properly maintained by the State. ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE 11111 includes all anticipated City cost participation construction items and the construction engineering cost share covered under this agreement, and is based on engineer's estimated unit prices. 5 67784 ARTICLE II - INSPECTION BY THE CITY The City cost participation construction covered under this agreement and the holding pond constructed under the construction contract shall be open to inspection by the City. If the City believes the City cost participation construction covered under this agreement has not been properly performed or that the construction is defective, or the holding pond is not being properly maintained by the State, the City shall inform the State's District Engineer in writing of those defects or deficiencies. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the City cost participation construction covered under this agreement has been satisfactorily performed by the State's contractor or whether the holding pond constructed under the construction contract is being properly maintained by the State. ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE 11111 includes all anticipated City cost participation construction items and the construction engineering cost share covered under this agreement, and is based on engineer's estimated unit prices. 5 67784 Section B. City Cost Participation Construction 100 Percent: All of the storm sewer facilities construction and other associated construction to be performed upon, along and adjacent to Sylvandale Road from the Trunk Highway No. -13 southeasterly right-of-way line (approximately Engineer Station 20+16) to inplace Manhole No. 3 located approximately 250 feet southeasterly of the Sylvandale Road -Butler Road intersection within the corporate City limits under State Project No. 1902-43 (T.H. 13=194). The construction includes, but is not limited to, sawing bituminous pavement, excavation, bituminous surfacing and its aggregate base, pipe sewer, sprinkler system adjustment, manholes, casting assemblies, guide posts, fencing, turf establishment and the City's proportionate share of mobilization, maintenance and restoration of haul roads and traffic control. Section C. Construction Engineering Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered under this agreement. Section D. Addenda, Change Orders and Supplemental Agreements The City shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complete the City cost participation construction covered under this agreement. 6 67784 Section B. City Cost Participation Construction 100 Percent: All of the storm sewer facilities construction and other associated construction to be performed upon, along and adjacent to Sylvandale Road from the Trunk Highway No. -13 southeasterly right-of-way line (approximately Engineer Station 20+16) to inplace Manhole No. 3 located approximately 250 feet southeasterly of the Sylvandale Road -Butler Road intersection within the corporate City limits under State Project No. 1902-43 (T.H. 13=194). The construction includes, but is not limited to, sawing bituminous pavement, excavation, bituminous surfacing and its aggregate base, pipe sewer, sprinkler system adjustment, manholes, casting assemblies, guide posts, fencing, turf establishment and the City's proportionate share of mobilization, maintenance and restoration of haul roads and traffic control. Section C. Construction Engineering Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered under this agreement. Section D. Addenda, Change Orders and Supplemental Agreements The City shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complete the City cost participation construction covered under this agreement. 6 67784 Section E. Settlements of Claims The City shall pay to the State its share of the cost of any settlements of claims made with the State's contractor. All liquidated damages assessed the State's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE IV - PAYMENT BY THE CITY Section A. Estimate and Advancement of the City's Cost Share It is estimated that the City's share of the costs of the contract construction plus the construction engineering cost share is the sum of $28,642.40 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices and shall submit a copy to the City. The City shall advance to the Commissioner of Transportation the City's total estimated cost share as shown in the Revised SCHEDULE "I", be it more or less than the sum of $28,642.40. The advancement by the City shall be made in accordance with the following advancement schedule only after the following conditions 7 67784 Section E. Settlements of Claims The City shall pay to the State its share of the cost of any settlements of claims made with the State's contractor. All liquidated damages assessed the State's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE IV - PAYMENT BY THE CITY Section A. Estimate and Advancement of the City's Cost Share It is estimated that the City's share of the costs of the contract construction plus the construction engineering cost share is the sum of $28,642.40 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices and shall submit a copy to the City. The City shall advance to the Commissioner of Transportation the City's total estimated cost share as shown in the Revised SCHEDULE "I", be it more or less than the sum of $28,642.40. The advancement by the City shall be made in accordance with the following advancement schedule only after the following conditions 7 67784 have been met: 1. Full and complete execution of this agreement. 2. Award of a contract for the construction to be performed hereunder. 3. Receipt by the City of appropriate requests from the State for payment by the City in accordance with the following advancement schedule. CITY COST SHARE ADVANCEMENT SCHEDULE First payment: Within 30 calendar days of the date of the request from the State for payment by the City, an amount equal to 50 percent of the City's total cost share as set forth in the Revised SCHEDULE Second payment: On or before February 1, 1992, an amount equal to the City's total cost share as set forth in the Revised SCHEDULE less the amount of all previous payments made by the City. "In Section B. Final Payment by the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State shall prepare a Final SCHEDULE "I" based on final quantities of City 8 67784 have been met: 1. Full and complete execution of this agreement. 2. Award of a contract for the construction to be performed hereunder. 3. Receipt by the City of appropriate requests from the State for payment by the City in accordance with the following advancement schedule. CITY COST SHARE ADVANCEMENT SCHEDULE First payment: Within 30 calendar days of the date of the request from the State for payment by the City, an amount equal to 50 percent of the City's total cost share as set forth in the Revised SCHEDULE Second payment: On or before February 1, 1992, an amount equal to the City's total cost share as set forth in the Revised SCHEDULE less the amount of all previous payments made by the City. "In Section B. Final Payment by the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State shall prepare a Final SCHEDULE "I" based on final quantities of City 8 67784 cost participation construction performed, and shall submit a copy to the City. If the final cost of the City participation construction covered under this agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of the City participation construction covered under this agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to Minnesota Statute section 15.415, the State waives claim for any amounts less than $2.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $2.00 of those funds advanced by the City. Section C. Acceptance of City's Cost and Completed Construction The computation by the State of the amount due from the City shall be final, binding and conclusive. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE V - FUTURE IVY FALLS CREEK IMPROVEMENTS The City cost share as described in Article III of this agreement is approximately half of what it would have been had the City's cost 9 67784 cost participation construction performed, and shall submit a copy to the City. If the final cost of the City participation construction covered under this agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of the City participation construction covered under this agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to Minnesota Statute section 15.415, the State waives claim for any amounts less than $2.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $2.00 of those funds advanced by the City. Section C. Acceptance of City's Cost and Completed Construction The computation by the State of the amount due from the City shall be final, binding and conclusive. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE V - FUTURE IVY FALLS CREEK IMPROVEMENTS The City cost share as described in Article III of this agreement is approximately half of what it would have been had the City's cost 9 67784 share been based on contributing flows for the entire ponding and storm sewer system. Due to that reduction of the City's cost share, all future storm sewer facilities construction that is within Ivy Hilts Park or is associated with Ivy Hills Park Pond or is associated with Ivy Falls Creek which is downstream from Ivy Hills Park Pond shall be performed without cost or expense to the State. ARTICLE VI - GENERAL PROVISIONS Section A. Plan Changes The City may request changes in the plans. If the State determines that the requested plan changes are necessary and/or desirable, the State will cause those plan changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and/or parts for all inplace City -owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and/or parts broken or damaged by the State's contractor. Section C. Maintenance by the City Upon satisfactory completion of the Sylvandale Road construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cost or 10 67784 share been based on contributing flows for the entire ponding and storm sewer system. Due to that reduction of the City's cost share, all future storm sewer facilities construction that is within Ivy Hilts Park or is associated with Ivy Hills Park Pond or is associated with Ivy Falls Creek which is downstream from Ivy Hills Park Pond shall be performed without cost or expense to the State. ARTICLE VI - GENERAL PROVISIONS Section A. Plan Changes The City may request changes in the plans. If the State determines that the requested plan changes are necessary and/or desirable, the State will cause those plan changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and/or parts for all inplace City -owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and/or parts broken or damaged by the State's contractor. Section C. Maintenance by the City Upon satisfactory completion of the Sylvandale Road construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cost or 10 67784 expense to the State. Maintenance shall include, but not be limited to, snow and debris removal, resurfacing and/or seal coating and any other maintenance activities necessary to perpetuate the roadway in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities construction to be performed upon and along Sylvandale Road and downstream therefrom to inplace Manhole No. 3 within the corporate City limits under the construction contract, the City shall own and shall provide for the proper maintenance of those facilities, without cost or expense to the State. Section D. Maintenance by the State Upon satisfactory completion of the holding pond construction to be performed under the construction contract, the State shall provide for the proper maintenance of the holding pond and all of the facilities a part thereof, without cost or expense to the City. Section E. Additional Drainage Neither party to this agreement shall drain any additional drainage into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are 11 Jki: 67784 expense to the State. Maintenance shall include, but not be limited to, snow and debris removal, resurfacing and/or seal coating and any other maintenance activities necessary to perpetuate the roadway in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities construction to be performed upon and along Sylvandale Road and downstream therefrom to inplace Manhole No. 3 within the corporate City limits under the construction contract, the City shall own and shall provide for the proper maintenance of those facilities, without cost or expense to the State. Section D. Maintenance by the State Upon satisfactory completion of the holding pond construction to be performed under the construction contract, the State shall provide for the proper maintenance of the holding pond and all of the facilities a part thereof, without cost or expense to the City. Section E. Additional Drainage Neither party to this agreement shall drain any additional drainage into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are 11 Jki: 67784 shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Oakdale and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section F. Holding Pond Liabilities The City shall share in all responsibilities, obligations and liabilities arising out of or by reason of the outletting of drainage from the holding pond, the use of the holding pond, and the operation of the holding pond constructed under the construction contract. The City's share of the responsibilities, obligations and liabilities shall be 83.3 percent which is the City's share of the holding pond storm water drainage based on contributing storm water peak inflows. Section G. Claims All employees of the State and all other persons employed by the State`in the performance of contract construction and/or construction engineering covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part'of the employees while so engaged on contract construction and/or construction engineering covered under this agreement shall in no way be the obligation or responsibility of the City. 12 67784 shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Oakdale and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section F. Holding Pond Liabilities The City shall share in all responsibilities, obligations and liabilities arising out of or by reason of the outletting of drainage from the holding pond, the use of the holding pond, and the operation of the holding pond constructed under the construction contract. The City's share of the responsibilities, obligations and liabilities shall be 83.3 percent which is the City's share of the holding pond storm water drainage based on contributing storm water peak inflows. Section G. Claims All employees of the State and all other persons employed by the State`in the performance of contract construction and/or construction engineering covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part'of the employees while so engaged on contract construction and/or construction engineering covered under this agreement shall in no way be the obligation or responsibility of the City. 12 67784 All employees of the City and all other persons employed by the City in the performance of maintenance covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. The City at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers or employees. Section H. Nondiscrimination The provisions of Minnesota Statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. 13 67784 All employees of the City and all other persons employed by the City in the performance of maintenance covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. The City at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers or employees. Section H. Nondiscrimination The provisions of Minnesota Statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. 13 67784 Section I. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. i 14 67784 Section I. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. i 14 67784 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By ��r� l- �. - ��Q , Director Pre -Letting Services Section CITY OF MENDOTA HEIGHTS By Mayor Date By By District Engineer City Clerk By Date Deputy Division Director Technical Services Division DEPARTMENT OF ADMINISTRATION Approved: By Approved: Deputy Commissioner By of Transportation (Authorized Signature) Date Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Special Assistant Attorney General 15 67784 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By ��r� l- �. - ��Q , Director Pre -Letting Services Section CITY OF MENDOTA HEIGHTS By Mayor Date By By District Engineer City Clerk By Date Deputy Division Director Technical Services Division DEPARTMENT OF ADMINISTRATION Approved: By Approved: Deputy Commissioner By of Transportation (Authorized Signature) Date Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Special Assistant Attorney General 15 PRELIMINARY SCHEDULE "I" Agreement No. 67784 City of Mendota Heights Preliminary: November 16, 1990 S.P. 1902-43 (T.H. 13=194) State Funds Storm sewer construction performed under State Contract No. with located along and adjacent to Svlvandale Road from T.H. 13 to an inplace manhole near Butler Road CITY COST PARTICIPATION From Sheet No. 2 $26,520.74 Construction Engineering (8%) 2,121.66 Total Citv Cost $28,642.40 1 PRELIMINARY SCHEDULE "I" Agreement No. 67784 City of Mendota Heights Preliminary: November 16, 1990 S.P. 1902-43 (T.H. 13=194) State Funds Storm sewer construction performed under State Contract No. with located along and adjacent to Svlvandale Road from T.H. 13 to an inplace manhole near Butler Road CITY COST PARTICIPATION From Sheet No. 2 $26,520.74 Construction Engineering (8%) 2,121.66 Total Citv Cost $28,642.40 1 (P) = PLAN QUANTITY 67784 ITEM NUMBER S.P. 1902-43 WORK ITEM UNIT QUANTITY (1) UNIT PRICE COST (1) 2021.501 MOBILIZATION LUMP SUM .39 2,692.00 1,049,88 2051.501 MAINT. AND RESTORATION OF HAUL ROADS LUMP SUM .39 100.00 39.00 2104.513 SAWING BITUMINOUS PAVEMENT LIN. FT. 365.00 2.14 781.10 2105.501 COMMON EXCAVATION (P) CU. YD. 115.00 3.00 345.00 2211.503 AGGREGATE BASE PLACED CLASS 5 CU. YD. 52.00 10.00 520.00 2331.508 TYPE 31 WEARING COURSE MIXTURE TON 49.00 20.00 980.00 2331.510 TYPE 31 BINDER COURSE MIXTURE TON 61.00 15.00 915.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 17.00 . 1.00 17.00 2503.541 15" RC PIPE SEWER DESIGN 3006 LIN. FT. 494.00 23.63 11,673.22 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS III LIN. FT. 130.00 23.63 3,071.90 0504.603 ADJUST SPRINKLER SYSTEM LIN. FT. 250.00 .50 125.00 2506.506 CONSTRUCT MANHOLES DESIGN A OR F LIN. FT. 9.40 150.00 1,410.00 2506.506 CONSTRUCT MANHOLES DESIGN C OR G LIN. FT. 9.70 150.00 1,455.00 2506.516 CASTING ASSEMBLIES EACH 3.00 300.00 900.00 2554.509 GUIDE POSTS TYPE B EACH 2.00 15.00 30.00 2557.529 TEMPORARY FENCE LIN. FT. 435.00 2.50 1,087.50 0563.601 TRAFFIC CONTROL LUMP SUM .39 672,00 262.08 2575.505 SODDING TYPE LAWN SO. YD, 1,202.00 1.53 1,839.06 2575.532 COMMERCIAL FERTILIZER ANALYSIS 10-20-20 POUND 125.00 .16 20.00 TOTAL $26,520.74 (1) 100% CITY - $26,520.74 (P) = PLAN QUANTITY 67784 ITEM NUMBER S.P. 1902-43 WORK ITEM UNIT QUANTITY (1) UNIT PRICE COST (1) 2021.501 MOBILIZATION LUMP SUM .39 2,692.00 1,049,88 2051.501 MAINT. AND RESTORATION OF HAUL ROADS LUMP SUM .39 100.00 39.00 2104.513 SAWING BITUMINOUS PAVEMENT LIN. FT. 365.00 2.14 781.10 2105.501 COMMON EXCAVATION (P) CU. YD. 115.00 3.00 345.00 2211.503 AGGREGATE BASE PLACED CLASS 5 CU. YD. 52.00 10.00 520.00 2331.508 TYPE 31 WEARING COURSE MIXTURE TON 49.00 20.00 980.00 2331.510 TYPE 31 BINDER COURSE MIXTURE TON 61.00 15.00 915.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 17.00 . 1.00 17.00 2503.541 15" RC PIPE SEWER DESIGN 3006 LIN. FT. 494.00 23.63 11,673.22 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS III LIN. FT. 130.00 23.63 3,071.90 0504.603 ADJUST SPRINKLER SYSTEM LIN. FT. 250.00 .50 125.00 2506.506 CONSTRUCT MANHOLES DESIGN A OR F LIN. FT. 9.40 150.00 1,410.00 2506.506 CONSTRUCT MANHOLES DESIGN C OR G LIN. FT. 9.70 150.00 1,455.00 2506.516 CASTING ASSEMBLIES EACH 3.00 300.00 900.00 2554.509 GUIDE POSTS TYPE B EACH 2.00 15.00 30.00 2557.529 TEMPORARY FENCE LIN. FT. 435.00 2.50 1,087.50 0563.601 TRAFFIC CONTROL LUMP SUM .39 672,00 262.08 2575.505 SODDING TYPE LAWN SO. YD, 1,202.00 1.53 1,839.06 2575.532 COMMERCIAL FERTILIZER ANALYSIS 10-20-20 POUND 125.00 .16 20.00 TOTAL $26,520.74 (1) 100% CITY - $26,520.74 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL January 3, 1991 Asphalt License Daily & Son Blacktopping, Inc. Masonry Licenses Arcade Concrete Const., Inc. Boettcher, Mike -Construction Bricks Unlimited Compton, Robert -Inc. Concrete Systems, Inc. Cook, H.W.-& Sons Dahn Builders Kelleher Construction Klatte, Peter -Brick & Stone Klund Construction Schlagel, Peter -Masonry Stanke Masonry & Const. Theisen -Fischer, Inc. Wayne Concrete Co., Inc. Excavating Licenses Bollig & Sons, Inc. Danner Landscaping Lakeside Plmb. & Htg., Inc. Le Roux Excavating, Inc. Mack's Excavating Rumpca Sewer & Water; Inc. Scherff, Inc. State Mechanical, Inc. Sun Excavating, Inc. United Water & Sewer Co. Weierke Trenching & Exc. Co. General Contractor Licenses Advance Construction Automatic Garage Door Co. Beartown Builders Befort Roofing, Inc. Bolander, Carl-& Sons Co. Brin-Northwestern Glass Co. Dahlstrom Designer Homes Dakota Fire Suppression EFH Company Falcon Fire Protection, Inc. Fireside Corner (The) LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL January 3, 1991 Asphalt License Daily & Son Blacktopping, Inc. Masonry Licenses Arcade Concrete Const., Inc. Boettcher, Mike -Construction Bricks Unlimited Compton, Robert -Inc. Concrete Systems, Inc. Cook, H.W.-& Sons Dahn Builders Kelleher Construction Klatte, Peter -Brick & Stone Klund Construction Schlagel, Peter -Masonry Stanke Masonry & Const. Theisen -Fischer, Inc. Wayne Concrete Co., Inc. Excavating Licenses Bollig & Sons, Inc. Danner Landscaping Lakeside Plmb. & Htg., Inc. Le Roux Excavating, Inc. Mack's Excavating Rumpca Sewer & Water; Inc. Scherff, Inc. State Mechanical, Inc. Sun Excavating, Inc. United Water & Sewer Co. Weierke Trenching & Exc. Co. General Contractor Licenses Advance Construction Automatic Garage Door Co. Beartown Builders Befort Roofing, Inc. Bolander, Carl-& Sons Co. Brin-Northwestern Glass Co. Dahlstrom Designer Homes Dakota Fire Suppression EFH Company Falcon Fire Protection, Inc. Fireside Corner (The) General Contractor Licenses Cont. Harvey Homes Independent Fire Protection, Inc. JA Development, Inc. K & P Drywall Knight & Sons Const. Co. Kraus -Anderson Const. Co. Lifestyle Homes, Inc. McPhillips Bros. Roofing Co. Mendota Heights Landscaping North American Framing, Inc. Northwest Asphalt, Inc. Quality Exteriors, Inc. Rem -Con, Inc. Ryan Const. Co. St. Paul Linoleum & Carpet Co. Sapletal Construction Snelling Co. (The) Sorenson's Const. Co. of St. Paul, Inc. TJB Homes, Ltd. Twin City Fireplace Co. Woods Construction Zwinger, Charles -Inc. Heating & Air Conditioning Licenses Air Comfort, Inc. Allan Mechanical, Inc. Arneson, Earl Jr. Benke Heating Binder, A.-& Son, Inc. Burnsville Htg. & A/C Co., Inc. Controlled Air, Inc. DJ's Htg. & A/C, Inc. Egan & Sons Co. Fredrickson Htg. & A/C, Inc. Genz -Ryan Plmb. & Htg. Co. Harris Mechanical Cont. Co. Metropolitan Mech. Cont., Inc. Riccar Htg. & A/C Ron's Mechanical, Inc. Sedgwick Htg. & A/C Co. Valley Aire, Inc. Wenzel Htg. & A/C Gas Piping Licenses Air Comfort, Inc. Binder, A.-& Son, Inc. Burnsville Htg. & A/C Co., Inc. Controlled Air, Inc. DJ's Htg. & A/C, Inc. Egan & Sons Co. Five Star Plumbing, Inc. Fredrickson Htg.•& A/C, Inc. Genz -Ryan Plmb. & Htg. Co. General Contractor Licenses Cont. Harvey Homes Independent Fire Protection, Inc. JA Development, Inc. K & P Drywall Knight & Sons Const. Co. Kraus -Anderson Const. Co. Lifestyle Homes, Inc. McPhillips Bros. Roofing Co. Mendota Heights Landscaping North American Framing, Inc. Northwest Asphalt, Inc. Quality Exteriors, Inc. Rem -Con, Inc. Ryan Const. Co. St. Paul Linoleum & Carpet Co. Sapletal Construction Snelling Co. (The) Sorenson's Const. Co. of St. Paul, Inc. TJB Homes, Ltd. Twin City Fireplace Co. Woods Construction Zwinger, Charles -Inc. Heating & Air Conditioning Licenses Air Comfort, Inc. Allan Mechanical, Inc. Arneson, Earl Jr. Benke Heating Binder, A.-& Son, Inc. Burnsville Htg. & A/C Co., Inc. Controlled Air, Inc. DJ's Htg. & A/C, Inc. Egan & Sons Co. Fredrickson Htg. & A/C, Inc. Genz -Ryan Plmb. & Htg. Co. Harris Mechanical Cont. Co. Metropolitan Mech. Cont., Inc. Riccar Htg. & A/C Ron's Mechanical, Inc. Sedgwick Htg. & A/C Co. Valley Aire, Inc. Wenzel Htg. & A/C Gas Piping Licenses Air Comfort, Inc. Binder, A.-& Son, Inc. Burnsville Htg. & A/C Co., Inc. Controlled Air, Inc. DJ's Htg. & A/C, Inc. Egan & Sons Co. Five Star Plumbing, Inc. Fredrickson Htg.•& A/C, Inc. Genz -Ryan Plmb. & Htg. Co. Gas Piping Licenses Cont. Harris Mechanical Cont. Co. Metropolitan Mech. Cont., Inc. Riccar Heating Sedgwick Htg. & A/C Co. Valley Aire, Inc. Wenzel Htg. & A/C Plaster License Zimmerman Stucco & Plaster, Inc. Sign Erecting License Suburban Lighting, Inc. Cigarette Licenses D.V.M., Inc. Employee Party Fund Fina Serve, Inc. Par 3 Golf, Inc. SOS Convenient Mart, Inc. Snyder's Drug Store #42 Somerset Country Club Tom Thumb Rubbish Hauler Licenses AA Rubbish Service, Inc. Action Disposal Krupenny & Sons Disposal Svc. Triangle Rubbish Service Woodlake Sanitary Service, Inc. Gas Piping Licenses Cont. Harris Mechanical Cont. Co. Metropolitan Mech. Cont., Inc. Riccar Heating Sedgwick Htg. & A/C Co. Valley Aire, Inc. Wenzel Htg. & A/C Plaster License Zimmerman Stucco & Plaster, Inc. Sign Erecting License Suburban Lighting, Inc. Cigarette Licenses D.V.M., Inc. Employee Party Fund Fina Serve, Inc. Par 3 Golf, Inc. SOS Convenient Mart, Inc. Snyder's Drug Store #42 Somerset Country Club Tom Thumb Rubbish Hauler Licenses AA Rubbish Service, Inc. Action Disposal Krupenny & Sons Disposal Svc. Triangle Rubbish Service Woodlake Sanitary Service, Inc. 4n1 ,•- • January 3, 1991 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims Significant Claims Metro Wast Control Carlson Sewer Unusual Claims 71,165 Monthly swr charge 36,049 Impr cost 6,000 Mn Telephone installers New phone.& line 665 W. St. Paul Common swr mtcn 1990 Items coded a/c2010 are 1990 expenses MANUAL CHECKS Sewer Avail Charges - Mendakota Park land , • 646 15,180 , 518,268 4n1 ,•- • January 3, 1991 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims Significant Claims Metro Wast Control Carlson Sewer Unusual Claims 71,165 Monthly swr charge 36,049 Impr cost 6,000 Mn Telephone installers New phone.& line 665 W. St. Paul Common swr mtcn 1990 Items coded a/c2010 are 1990 expenses MANUAL CHECKS Sewer Avail Charges - Mendakota Park land , • 646 15,180 , 518,268 iepc .0-ziam Vept Bridge 08 Dec 2S -r- .L.-sngr . 60-Utilties' \ 1/3/91 C1alms Llst 20 -Police - 70 -Parks Pa.ge FI -1 18:47 City or hem:Iota Heights -o . 30_-. , ,'" ; • , .,.., rare . .,,..- , 80 -Planning - •'..t • 1 ' - '" 40 -CEO .-,-. ".-f..„ 7.- r ,..- 85 -Recycling ^;.",..,':::,,':,:‘,:.: •';. '-..7_,.,. .1-,,T:''' , - -• ,; , Temp Check Number 1 ,1 ,, , 90 -Animal Control • Temp.. , - , _ ... . . , , . CheCk ' , . . . 2 3 4 5 6 7 e 4 6 Number vendor Name Rccount cafe Comments Amount , 1 APO!) Seri pi rig 02 -e72)1 0 st J-iping . 487.44 .• 7 8 • - , • , 1 487.44143 Totals Temp Check Number 1 • . . 9 11 12 10 11 12 Temp Check Number .... 13 14 15 16 131...,--# "rLt-1 017--`431.0-1-10-T0 ld calls .8.68 , 14 t? Pi T L.S. T 01 --4ai et•-08:0---atz, Id calls , 18.91 - , . . ' 5 1E' A -r IS- T 073 -401V, -1186-2Z 1c1 calls e...7S - • - 17 18 19 20 16 - ---- 17 5 ' 30.36 ' 18 Totals Temp Check tftember- 21 22 23 24 19 1. ... - "- -, : • , „ • . . , ,. - „,.. . - , '20 Temp Cneck number 3 . " 21 •• .., , • , 25 26 29 30 31 32 23 .3 P7 f Li. 1- -----err:74. lel Iff Of 70 Jan svc ..34.48 '23 3 AT&T 1212 -481 0--enzi--,60 Jan 5 vo - 20. ms . 24 3 AT:FT 15-4310-060-60 Jan svc - 30.92, _ • 25 , 4 Ma) 1211,---AS,112-V-12ta0- ',, an sv • 4.40 , ..., .. ,. , ,,,, ..• ' 26 -- . . , . • , , •.. . " , . • '„ 27 11. , . .„ ' ''.' ."-. ' • 99.80 33 35 36 28 Totals Temp Urieck Nualber __ , 29 • , ' . . 30 Temp check Number . -,. . , .. ',.;',:,,,.0 7,, .? '.,9q.... . • . .-',....-c,,-,..-f• .....„.-..-':';;$.4 ,, 37 38 39 40 31 » »» - _ „.. . „', • 32 4 Pr..vh Auto Salvage Inc , . ', ol -eel el .. .', :- ,... splys -.„..: - 50.00 • ”. . :" - , '1.' - , , 33 , • . ,. • . . ',. ------- . , ,, , • , 41 42 43 44 34 4 ote,.. wrier , . , • a - ! 35 Totals Temp Check Number 447 36 / - . »0 45 37 ..0 Temp C•17E.C.2<,Plumer,9: ... . , . . • 38 ' ' . • .. ' . , „ , • 39 ,, • 9141221r/son 1165-430:5-299-29 sp3ys .; ti,” ,,'.„ '93. 08 , - • .. -„ .. „ ,: •,. • 49 50 51 52 40 , • 41 • ". - ' - : 93.93 .. . ,.., . 42 idtais Temp Check Humber 9 0 •- 53 54 55 56 „ .. 0 44Temp Check 14umber • - 6 ° , . . ,. . , , . , ., .-. - - -- - '' :2 •'' . .• ' ;- •":. 57 58 60 46 - -mer can ue tress c.rms - swr bilis bila.44 • 47 - . •__0_0_0_•_ - -. 48 6 . , 670.4 : 3 • , ,. al 62, 63” 64 49 Totals rewp Criec/C Numser. , . r , ..A ., '') 50 • • , '' ".• ... 5 ,,, , 5/ ' Temp. atieck Humber, ,,, 7 »» a: '- a a>, „ , -,:»'"-- .. ' * , . 65 66 68 52 . 53 7 Berke Companles 08-0010 . , --r{:31^S . " '-.. , = '' z , . a 99.90 - - ' 69 70 72 54 — _ , ' - • , . . 56 Totals Temp Check IVumber?:. ;, 7 • •. , :' , . ' ,.., 4, ‘.• ,.. - . , , , • . , , ..".: " :• A , , , . . , ., 73 74', 75^ 79 Z. 4" 4 • r • . • ' 0 ) D C) iepc .0-ziam Vept Bridge 08 Dec 2S -r- .L.-sngr . 60-Utilties' \ 1/3/91 C1alms Llst 20 -Police - 70 -Parks Pa.ge FI -1 18:47 City or hem:Iota Heights -o . 30_-. , ,'" ; • , .,.., rare . .,,..- , 80 -Planning - •'..t • 1 ' - '" 40 -CEO .-,-. ".-f..„ 7.- r ,..- 85 -Recycling ^;.",..,':::,,':,:‘,:.: •';. '-..7_,.,. .1-,,T:''' , - -• ,; , Temp Check Number 1 ,1 ,, , 90 -Animal Control • Temp.. , - , _ ... . . , , . CheCk ' , . . . 2 3 4 5 6 7 e 4 6 Number vendor Name Rccount cafe Comments Amount , 1 APO!) Seri pi rig 02 -e72)1 0 st J-iping . 487.44 .• 7 8 • - , • , 1 487.44143 Totals Temp Check Number 1 • . . 9 11 12 10 11 12 Temp Check Number .... 13 14 15 16 131...,--# "rLt-1 017--`431.0-1-10-T0 ld calls .8.68 , 14 t? Pi T L.S. T 01 --4ai et•-08:0---atz, Id calls , 18.91 - , . . ' 5 1E' A -r IS- T 073 -401V, -1186-2Z 1c1 calls e...7S - • - 17 18 19 20 16 - ---- 17 5 ' 30.36 ' 18 Totals Temp Check tftember- 21 22 23 24 19 1. ... - "- -, : • , „ • . . , ,. - „,.. . - , '20 Temp Cneck number 3 . " 21 •• .., , • , 25 26 29 30 31 32 23 .3 P7 f Li. 1- -----err:74. lel Iff Of 70 Jan svc ..34.48 '23 3 AT&T 1212 -481 0--enzi--,60 Jan 5 vo - 20. ms . 24 3 AT:FT 15-4310-060-60 Jan svc - 30.92, _ • 25 , 4 Ma) 1211,---AS,112-V-12ta0- ',, an sv • 4.40 , ..., .. ,. , ,,,, ..• ' 26 -- . . , . • , , •.. . " , . • '„ 27 11. , . .„ ' ''.' ."-. ' • 99.80 33 35 36 28 Totals Temp Urieck Nualber __ , 29 • , ' . . 30 Temp check Number . -,. . , .. ',.;',:,,,.0 7,, .? '.,9q.... . • . .-',....-c,,-,..-f• .....„.-..-':';;$.4 ,, 37 38 39 40 31 » »» - _ „.. . „', • 32 4 Pr..vh Auto Salvage Inc , . ', ol -eel el .. .', :- ,... splys -.„..: - 50.00 • ”. . :" - , '1.' - , , 33 , • . ,. • . . ',. ------- . , ,, , • , 41 42 43 44 34 4 ote,.. wrier , . , • a - ! 35 Totals Temp Check Number 447 36 / - . »0 45 37 ..0 Temp C•17E.C.2<,Plumer,9: ... . , . . • 38 ' ' . • .. ' . , „ , • 39 ,, • 9141221r/son 1165-430:5-299-29 sp3ys .; ti,” ,,'.„ '93. 08 , - • .. -„ .. „ ,: •,. • 49 50 51 52 40 , • 41 • ". - ' - : 93.93 .. . ,.., . 42 idtais Temp Check Humber 9 0 •- 53 54 55 56 „ .. 0 44Temp Check 14umber • - 6 ° , . . ,. . , , . , ., .-. - - -- - '' :2 •'' . .• ' ;- •":. 57 58 60 46 - -mer can ue tress c.rms - swr bilis bila.44 • 47 - . •__0_0_0_•_ - -. 48 6 . , 670.4 : 3 • , ,. al 62, 63” 64 49 Totals rewp Criec/C Numser. , . r , ..A ., '') 50 • • , '' ".• ... 5 ,,, , 5/ ' Temp. atieck Humber, ,,, 7 »» a: '- a a>, „ , -,:»'"-- .. ' * , . 65 66 68 52 . 53 7 Berke Companles 08-0010 . , --r{:31^S . " '-.. , = '' z , . a 99.90 - - ' 69 70 72 54 — _ , ' - • , . . 56 Totals Temp Check IVumber?:. ;, 7 • •. , :' , . ' ,.., 4, ‘.• ,.. - . , , , • . , , ..".: " :• A , , , . . , ., 73 74', 75^ 79 Z. 4" 4 • r • . • ' 0 ) D C) e8 rrec 29? Fri 18:47 . `• Temp Check Number :1 , City •' Claims List or Mendota Heights "' '' .. - ,. Page i . z. Temp. Check ' ; r 4 Number Vendor Name account Code t.Grmments r-74Gtlnt. 6 8 8 a J Auto Supply" /Fl-E't2elr7e -Supply" splys 16.08 7 ----i'er=earel 8 3 a J Auto Sp?ys lenae. 8 8 E1 L' J Auto Supply" l2l3 r'_Y10 splys 11.54 8 0 .b J Auto Supply' 2'5-8410 `+i splys 33.80 10 d 8 tt- a ,utcl—Jup y, 1u=a7+7e splys --231-1-x 11 -- 12 40 94.91 13 1 C4 a1 s T ey,Jp-Ct eck-Numb2 r R « 14 , 15 Temp Check Number ' 9 16 17 9 Battery a Tire Warercuse ell-oele battery 41.07 19 7 ,.. 41=1/ 20 Totals Temp Check Number, 9 m , ° { 22 temp 2:necK 2V tt�f! Ser^ 307 23 • 24 112e Board of Water Commissioners 08-1-`0281 Nov svc 2^6.22 25 - 312+ board or Water 'Con3m1 SS."1Zr7'fers 01-281310 , , - 79C V SVC ,. ' 19. 1211 26 a 118 Board of -Water Commissioners, 41-0018e Novsvc4- 68.Z2 29 Totals Temp Check Number 10 30 .. - .. - , ., ., . o r .r ..• .'t . ' '6.e. Or1Y ,' 31 ,. temp tinectr Number '- 32 - ' < K ,.' 33 l 1 Carlson Sewer Service 49-E:81'et ° ; s' .. Re 8S-68 , ; , 6,000.00 34 -------- 35 12 6y 441h. &FRI 36 Totals Temp Check Number 11 - , 37 a . , .. ,< ' ^ .;iww •. 38 : Temp Check.Number 1'i _, , ,> f - a es..s y 6a,;, 39 40 ..♦ r -- • - 'r - . . r , _. .. • r - ' - at- ...✓. 41 - 42 le e5.ea 43 as 3 ovals r erri p ur, erR-TULT88eJ , Temp -Check Number 23 - > ' - 46 y 47 13 Clty Motor Supply . el-eFe18r splys 1165,.67 48 -- ------- 49 1.1 .. , 1X11. b / 50 Totals Temp Check Number 13 n' < '' h ° :> 'x ° , ,, .. . 52 temp LfiErax Number .i4 53 54 14 City or W St Paul 1-2'4184 interceptor mtcn 646.e e 55 ^- , ". 56 14 , , 546.810 'F Totals Temp, Check Number' 14 -` ` ,. ,. ° r ,. ° , 23 4 5 67 8 9 0 10 11 12 13 4 750 16 17 18 0 19 '� 20 21 23 24 25 26 27 0 28 29 30 -.) 314 32 33 33540 36 37 39 40 41 443�J2 ('1 44 45 46 47 48 49 50 51 52 53 54 55 56 0 57 �, 58 / 59 60 61 63 \J 6 65 66 ('l 67 l� 68 69 2 3rr 1 e8 rrec 29? Fri 18:47 . `• Temp Check Number :1 , City •' Claims List or Mendota Heights "' '' .. - ,. Page i . z. Temp. Check ' ; r 4 Number Vendor Name account Code t.Grmments r-74Gtlnt. 6 8 8 a J Auto Supply" /Fl-E't2elr7e -Supply" splys 16.08 7 ----i'er=earel 8 3 a J Auto Sp?ys lenae. 8 8 E1 L' J Auto Supply" l2l3 r'_Y10 splys 11.54 8 0 .b J Auto Supply' 2'5-8410 `+i splys 33.80 10 d 8 tt- a ,utcl—Jup y, 1u=a7+7e splys --231-1-x 11 -- 12 40 94.91 13 1 C4 a1 s T ey,Jp-Ct eck-Numb2 r R « 14 , 15 Temp Check Number ' 9 16 17 9 Battery a Tire Warercuse ell-oele battery 41.07 19 7 ,.. 41=1/ 20 Totals Temp Check Number, 9 m , ° { 22 temp 2:necK 2V tt�f! Ser^ 307 23 • 24 112e Board of Water Commissioners 08-1-`0281 Nov svc 2^6.22 25 - 312+ board or Water 'Con3m1 SS."1Zr7'fers 01-281310 , , - 79C V SVC ,. ' 19. 1211 26 a 118 Board of -Water Commissioners, 41-0018e Novsvc4- 68.Z2 29 Totals Temp Check Number 10 30 .. - .. - , ., ., . o r .r ..• .'t . ' '6.e. Or1Y ,' 31 ,. temp tinectr Number '- 32 - ' < K ,.' 33 l 1 Carlson Sewer Service 49-E:81'et ° ; s' .. Re 8S-68 , ; , 6,000.00 34 -------- 35 12 6y 441h. &FRI 36 Totals Temp Check Number 11 - , 37 a . , .. ,< ' ^ .;iww •. 38 : Temp Check.Number 1'i _, , ,> f - a es..s y 6a,;, 39 40 ..♦ r -- • - 'r - . . r , _. .. • r - ' - at- ...✓. 41 - 42 le e5.ea 43 as 3 ovals r erri p ur, erR-TULT88eJ , Temp -Check Number 23 - > ' - 46 y 47 13 Clty Motor Supply . el-eFe18r splys 1165,.67 48 -- ------- 49 1.1 .. , 1X11. b / 50 Totals Temp Check Number 13 n' < '' h ° :> 'x ° , ,, .. . 52 temp LfiErax Number .i4 53 54 14 City or W St Paul 1-2'4184 interceptor mtcn 646.e e 55 ^- , ". 56 14 , , 546.810 'F Totals Temp, Check Number' 14 -` ` ,. ,. ° r ,. ° , 23 4 5 67 8 9 0 10 11 12 13 4 750 16 17 18 0 19 '� 20 21 23 24 25 26 27 0 28 29 30 -.) 314 32 33 33540 36 37 39 40 41 443�J2 ('1 44 45 46 47 48 49 50 51 52 53 54 55 56 0 57 �, 58 / 59 60 61 63 \J 6 65 66 ('l 67 l� 68 69 2 3rr 1 J 25 Dec 19' Cialrns fist . Page 3 Fri 10:47 City or Mendota Heights • Temp Check Number 13 - ' ... , % } . . - - 1 ,2 3 .. Temp.. 'Check b 1 2 3 4 4 `5 6 Number Vendor Name NCCount L'ode Comments Amount 3t1 Commi ss! over or Trspt 03-8010 rprs litre.. 1 3 5 6 7 s 7 6 s -- 9 10 112+2'. 13 tC Totals Temp Check Number 15 11 12 10 11 12 13 Temp Check Number 15 14 16 13 14 15 ec(rWM Center 03 =e3 rprs 4E.i•'1O 17 , -- . -_--• 18 1 619 rib. 00 . 20 16 17 18 Totals Temp 'Check Number 15 27 22 Temp Check Number 17 _ 23 24 19 20 - 25 -' 17 Copy Duplicating Products 02-4303-030-90 ., - copies' '1a.9J • 26 - - - 28 22 23 24 27 11. �3 29 Totals Temp Check Number 27 k .. 30 31 32 25 26 27 Temp L•heck Number 1 - 8 33 .. .. -. - .. 34 1S Coneveras.•Reloading Sply• -,02 -0020- _ '• splys " " 1S5. 1i3 36 36 28 29 30 -- ---"-- 37 19 258.01:2 38 Totals Temp Check Number^ 18 1 1, • , , ; , . ,,,.,,, 'e,,.,''", .1 ; , . • • • 39 40 31 32 33 - 41 Temp 'Check Number 25 < > ° .'" • 42 ,. . > 43 44 34 35 36 13 Dakota County Auditor 01-0020 city share election ✓39.90 45 -- • •- 46 25 925.90 47 5 48 37 38 39 ' Totals 49 Temp Check Number ° 1.b -- ._fie + .. g ., : 1 ;. ,. .,� ,. °, < "1• 50 Temp Check Number i21 k < a 57 t 52 40 41 42 53 ee Dakota County Ch of P .5 Assn 02-4404-000-00 2552 dues • •33. Val , ' 54 -" .-�-.._ 55 56 43 44 i , x r y � 2I0. 57 Totals Temp Check Number i°'tZ+•, .... '' < ' s8, - - .•. - 60 46 47 48 7ernp Check Numbers • 61 •62, L2 James Danielson 0M -442D-205-19 Jan allow 2:x.50 63 ' 64 • - 49 51 — 4. • 'Totals Temp Check Number,. a e1. ,.1n .,, -. 1 ``�- ,,. v ,' .675 sa 52 53 54 69 Temp Check Number a_... . , 70 71 n 65 56 V LL Denn15 3701 rnbnt Y11-r't/13-1Nc`$1-b Jan allow.3,=Y1.3'11c1 .73 -- _ ,,., ! • I < . ., - ,• --< 74/ .,,,_ 1 a ¢+. 0079 r rtt n 7 5 IPM” T :t1Prt, ITT11Mflt.P. .,•. 0 0 if V p J 25 Dec 19' Cialrns fist . Page 3 Fri 10:47 City or Mendota Heights • Temp Check Number 13 - ' ... , % } . . - - 1 ,2 3 .. Temp.. 'Check b 1 2 3 4 4 `5 6 Number Vendor Name NCCount L'ode Comments Amount 3t1 Commi ss! over or Trspt 03-8010 rprs litre.. 1 3 5 6 7 s 7 6 s -- 9 10 112+2'. 13 tC Totals Temp Check Number 15 11 12 10 11 12 13 Temp Check Number 15 14 16 13 14 15 ec(rWM Center 03 =e3 rprs 4E.i•'1O 17 , -- . -_--• 18 1 619 rib. 00 . 20 16 17 18 Totals Temp 'Check Number 15 27 22 Temp Check Number 17 _ 23 24 19 20 - 25 -' 17 Copy Duplicating Products 02-4303-030-90 ., - copies' '1a.9J • 26 - - - 28 22 23 24 27 11. �3 29 Totals Temp Check Number 27 k .. 30 31 32 25 26 27 Temp L•heck Number 1 - 8 33 .. .. -. - .. 34 1S Coneveras.•Reloading Sply• -,02 -0020- _ '• splys " " 1S5. 1i3 36 36 28 29 30 -- ---"-- 37 19 258.01:2 38 Totals Temp Check Number^ 18 1 1, • , , ; , . ,,,.,,, 'e,,.,''", .1 ; , . • • • 39 40 31 32 33 - 41 Temp 'Check Number 25 < > ° .'" • 42 ,. . > 43 44 34 35 36 13 Dakota County Auditor 01-0020 city share election ✓39.90 45 -- • •- 46 25 925.90 47 5 48 37 38 39 ' Totals 49 Temp Check Number ° 1.b -- ._fie + .. g ., : 1 ;. ,. .,� ,. °, < "1• 50 Temp Check Number i21 k < a 57 t 52 40 41 42 53 ee Dakota County Ch of P .5 Assn 02-4404-000-00 2552 dues • •33. Val , ' 54 -" .-�-.._ 55 56 43 44 i , x r y � 2I0. 57 Totals Temp Check Number i°'tZ+•, .... '' < ' s8, - - .•. - 60 46 47 48 7ernp Check Numbers • 61 •62, L2 James Danielson 0M -442D-205-19 Jan allow 2:x.50 63 ' 64 • - 49 51 — 4. • 'Totals Temp Check Number,. a e1. ,.1n .,, -. 1 ``�- ,,. v ,' .675 sa 52 53 54 69 Temp Check Number a_... . , 70 71 n 65 56 V LL Denn15 3701 rnbnt Y11-r't/13-1Nc`$1-b Jan allow.3,=Y1.3'11c1 .73 -- _ ,,., ! • I < . ., - ,• --< 74/ .,,,_ 1 a ¢+. 0079 r rtt n 7 5 IPM” T :t1Prt, ITT11Mflt.P. .,•. 0 0 if V p L •-\ es sec 29' C 2 a 2 rns Llst: Page 4 . • . Fri 18:4-.; City of Me.sotic-,ta Heights • , •'y s',.. ,' :7. '., . :•''' -`.,,, ' 1- .,,. ''...›!..: ' ' ---e--`,:so 4..4. -9'''*,-i',.?' '- ' •• ." '- - ' s, . , Temp Check Number ez .. 2 3 , , , • -:, , : - . , . 4 „ , • - Temp. • . . • ., , . . . , f8C4: . . , , . 1 2 3 4 5 6 711.077 en 'I., clot- Name 14C<CC:eti/if -CEO-a', Cconments Hmottnt ' 93 Fielstone flatslnetry Inc. 02-4131-080--E0 ?e Oarlock Jan 7o3.00 5 6 7 s _ . e2s -11 Totals Tear ti e ez . , . -12 9 110 ,1 1 Temp Check Number e4 • 12 13 14 15' 1G 13 s'.4 1-Isher Photo 3uppiy 14 . — . ----- : , , 8.4 . ' . ;:i 20 16 otals Tem Che k Nionber —a 21 22 17 23 T18emp enecic Ntunber 19 ' " 25 ' . 20 t -l5 Da.scorn or PIlmn Jr?- . 01-4`..0316 , • - , , . rprs . - ..,, ,„ , ems- tore!, < ...,,- • , , , , , 2 , 21 ":" , — , . 27 , 28 22 .e..3 270•3700 29 . 23 Totals Temp enecis Number en . - . . 30 ' 31 24 32 25SETS05-al, , 8.s.: ''.::: ' 33 , , .,, 2 27>.., "*.....le f3oodyear Service 'Store , 01-8010 ' .., . . part s1n.--:43" ,...f". -• .••,,,"'" ,, '''', 18...Z0 • • • ' ., 28 •"-- -- 37 29 8.8 . • 18.. 'ne 38 30 Totals Temp Check Number es - -. , , -. • ., ' • -, ,:•.-' 4 ,,,,,,:.. ..' ••„, .......,-,.-4,,,,,,,g; .r‹.:-,,-,, ,-;frt-':..:. .'it-,-,-.., ,I, -.L , ,,- .•:.-''i - -" ' ' 40 3 ,.. . ..= =7" .=. , < 41 ',.. 0,' .42 32 Temp Check Number ' Z7 , .:;.,.. % ".". , .,' ,'.' , 43 . „ . . 3 34 1.:/ 1.100aW21,1 inOustraes inC vi -b.`1452 , 0 5 . 45 35 --, . ------ . 46 . 36 1.1:-.7 ' Ze.:0-13tIt 47 as ----,- , , 49 3 „? lot s stop ires.R-70-us , , , • ' ` ; f'' , ,.- ... so . ^ V.. 35 • Temp 817eck Nunsber , , , , ,. ... , .‘" , , '.... ' * v. i. .... • " . , v:, , 51 40 53 . , = , , , 4188 Hager, Office eq 01-E.01e - , r gird , , • -8,34. 80 . 54 ' , 55 42 • ee Hagen Office Eq 01 --e0212, r prs • .,• - ••• . - en. Irret a 5 — a a .,, a. ; , '" ,a: a , , 44 , 36 ..i< ''' •1..'' ".*. , ,, 30.9. 9'er - , ' 5 ',21, y, ..' - 5; -, ,. 5 4 - Totals Temp Check Number '' , . , ,.,„ , •", ..,• *r. •„=„ '*„,, •?,'''," :,".,''', , , .- -', - 46 42 Temp Check Number es - - - . t 62 . • 63 as - .. . • „ 64 49 " --- 4 ... 1 • 65 4.4 . *' _ 66 50 , '. • .1"; ..„ ,*,,,, . . i - ''''''r. 51 ""•*‘" . 3'3 * " '. •.> ., 52 6 . ==. ; ...- "' 70 5,3 TempCheck Number " 30 , * . • 71 2 55. . " ' 4: ' ' 4- - 7 3 ., 3e linos: Commerclal t•red2t .." 017E010 ' , , ,',' ''.;' , -SPlyS '•'' ''''''. %., 9 ,- . f.' .4.9i2k. 3Z,, ';',, 74 75 „, • , , „ r * '', 4 ' .4" .. ",-,• • r , <4 ' - r . - 7 0 L •-\ es sec 29' C 2 a 2 rns Llst: Page 4 . • . Fri 18:4-.; City of Me.sotic-,ta Heights • , •'y s',.. ,' :7. '., . :•''' -`.,,, ' 1- .,,. ''...›!..: ' ' ---e--`,:so 4..4. -9'''*,-i',.?' '- ' •• ." '- - ' s, . , Temp Check Number ez .. 2 3 , , , • -:, , : - . , . 4 „ , • - Temp. • . . • ., , . . . , f8C4: . . , , . 1 2 3 4 5 6 711.077 en 'I., clot- Name 14C<CC:eti/if -CEO-a', Cconments Hmottnt ' 93 Fielstone flatslnetry Inc. 02-4131-080--E0 ?e Oarlock Jan 7o3.00 5 6 7 s _ . e2s -11 Totals Tear ti e ez . , . -12 9 110 ,1 1 Temp Check Number e4 • 12 13 14 15' 1G 13 s'.4 1-Isher Photo 3uppiy 14 . — . ----- : , , 8.4 . ' . ;:i 20 16 otals Tem Che k Nionber —a 21 22 17 23 T18emp enecic Ntunber 19 ' " 25 ' . 20 t -l5 Da.scorn or PIlmn Jr?- . 01-4`..0316 , • - , , . rprs . - ..,, ,„ , ems- tore!, < ...,,- • , , , , , 2 , 21 ":" , — , . 27 , 28 22 .e..3 270•3700 29 . 23 Totals Temp enecis Number en . - . . 30 ' 31 24 32 25SETS05-al, , 8.s.: ''.::: ' 33 , , .,, 2 27>.., "*.....le f3oodyear Service 'Store , 01-8010 ' .., . . part s1n.--:43" ,...f". -• .••,,,"'" ,, '''', 18...Z0 • • • ' ., 28 •"-- -- 37 29 8.8 . • 18.. 'ne 38 30 Totals Temp Check Number es - -. , , -. • ., ' • -, ,:•.-' 4 ,,,,,,:.. ..' ••„, .......,-,.-4,,,,,,,g; .r‹.:-,,-,, ,-;frt-':..:. .'it-,-,-.., ,I, -.L , ,,- .•:.-''i - -" ' ' 40 3 ,.. . ..= =7" .=. , < 41 ',.. 0,' .42 32 Temp Check Number ' Z7 , .:;.,.. % ".". , .,' ,'.' , 43 . „ . . 3 34 1.:/ 1.100aW21,1 inOustraes inC vi -b.`1452 , 0 5 . 45 35 --, . ------ . 46 . 36 1.1:-.7 ' Ze.:0-13tIt 47 as ----,- , , 49 3 „? lot s stop ires.R-70-us , , , • ' ` ; f'' , ,.- ... so . ^ V.. 35 • Temp 817eck Nunsber , , , , ,. ... , .‘" , , '.... ' * v. i. .... • " . , v:, , 51 40 53 . , = , , , 4188 Hager, Office eq 01-E.01e - , r gird , , • -8,34. 80 . 54 ' , 55 42 • ee Hagen Office Eq 01 --e0212, r prs • .,• - ••• . - en. Irret a 5 — a a .,, a. ; , '" ,a: a , , 44 , 36 ..i< ''' •1..'' 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Temp Check Number .30 1 2 3 <.. - -. > -Temp. - " x < Cht7Ck - A 1 2 4 5 7 8 q. 6 s Number V$rdor Name M`CCC,unt Ce a Comments Amount 30 ?<rrox Commercial Credit 01•-e02Yt spays t28. 96 7 g g -- 6121 317.01 Totals 3emp 1:J7et.`x Number 30 ' 9 t?d tt 12 10 11 Temp Check Number 32 12 13 14 13 31 hnutsorr r'ubb25F7 Ser1/3ce Ir3-i=•elo 23ec svc • ----- - . - 15 32 - x.93 17 18 19 20 21 22. 23, 24 16 Totals Ternp Check Number .31 17 1g Temp Check Number 3• 19. - . . 20 3e 242ntbail 1rt.dwest " el-e02>T ° spays , :30.32 , • 21 ...._ - . -- --28 25 26, 27 22 3'- 30. 30 23 Totals Temp Check Number 3a 24 29 30 31 32 26 Temp CnecH }VumbeJ' 3.3 . - - - _ .. 27 33 1<echs Office Macf72 nes • ,a1 -.202 f2 sw 4se. 00 r' 33 36 29 33 J<r^ecbs orrice Machines ' •" ' ep y5 2 -- _-_-_- $ 30 66. 807.90 37 38 39 40 31 ' To Temp- tMecx Mlsmber .,,, 33 _ - •. - , - ,. ,42 33 Temp Check Member 34 ; z - ,. 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Temp Check Number .30 1 2 3 <.. - -. > -Temp. - " x < Cht7Ck - A 1 2 4 5 7 8 q. 6 s Number V$rdor Name M`CCC,unt Ce a Comments Amount 30 ?<rrox Commercial Credit 01•-e02Yt spays t28. 96 7 g g -- 6121 317.01 Totals 3emp 1:J7et.`x Number 30 ' 9 t?d tt 12 10 11 Temp Check Number 32 12 13 14 13 31 hnutsorr r'ubb25F7 Ser1/3ce Ir3-i=•elo 23ec svc • ----- - . - 15 32 - x.93 17 18 19 20 21 22. 23, 24 16 Totals Ternp Check Number .31 17 1g Temp Check Number 3• 19. - . . 20 3e 242ntbail 1rt.dwest " el-e02>T ° spays , :30.32 , • 21 ...._ - . -- --28 25 26, 27 22 3'- 30. 30 23 Totals Temp Check Number 3a 24 29 30 31 32 26 Temp CnecH }VumbeJ' 3.3 . - - - _ .. 27 33 1<echs Office Macf72 nes • ,a1 -.202 f2 sw 4se. 00 r' 33 36 29 33 J<r^ecbs orrice Machines ' •" ' ep y5 2 -- _-_-_- $ 30 66. 807.90 37 38 39 40 31 ' To Temp- tMecx Mlsmber .,,, 33 _ - •. - , - ,. ,42 33 Temp Check Member 34 ; z - ,. 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X40 39 ao 31 32 33 J"ota151`eMp trheck Number 41 - , .. . �% ;. t - s .. , 42 Temp Check Number 47 x ., ,. ", 43 44 34 35 36 45 47 Minn Mutual Life Ins eft-eet74 Jan prem 42.95 - 46 47 Minn Mutual Life ins 1 -4232-•¢e+2-eel Jan prem 3.10 a7 49 37 39 39 47 Minn MCtt tial L2 feaYrs $2-42.j2 -7dlid-/Yr Jan prem 1.%Yt 49 _.._ u • ' °. � d ` " .,. . < •. .. i °,y - + - t . . 50 242 .. -•_ F _ " > '�_ 48. 80 51 . 52 40 41 42 Totals Temp Check Number4/ 53 54. Temp Check Number 45 • 55 ` 56 430 44 45 •, ,f - 57 » ' 43 Minnesota Benefit Assn " '8t1-328074 • " Jan prem Y: , ,r :, L 1.74'' ;1 b < x.4" 5S: . 48 Minnesota Benefit Assn ..- . , 01-4232-2101001-4232-2101001-4232-21010' , . . Jan' prep •, 188- pl t 59 60 46 47 48 49 Minnesota benefit Assn 43.32 -2 Jan prem .54D'..412, 61 48 Minnesota Demerit Assn eti•-4132-eee ee Jan prem ' 995.710 62 48 Minnesota Benefit Assn 02-4231-050-50 - Jan prem 22+8. 84 - 63 64 49 50 N 40 mi nnesota Nenelri t NSsn 101 -43 J2.-0 f - - an prem °, - _ - 95 121 65 ° 48 MinnesotaBenefit Assn . 25-4231-060-60 _ .. . - ^ .. •, Jan= prem ' > . - 218. 88 - „j. ,. 'f < 66 67 - , ° 68 52 53 54 .5.51--. • ‘--.,of 38. 3• Totals Temp Check Number 477 _ - - > - 70 .. 71 72 65 t57 Tem¢ L ,71 Numb `3 - 73 76 49 Minn State F2 re Dept Assn 01-4404-030-Z0 , , - = 27 1992 'dues" • . . , - • F 9. Brei ' ' ,. 0 0 0 Q' 0 0 ea flYec 299-- Claims List Page 7 Fri 101'47 'City of Mendota Heights Temp Check Number 43 •' f f 1 2 - . , Temp. , , ° - Check • 1 2 3 4 4 5 6 Number vendor Name Account 'C•ade Comme»Ts Hmount 43 Metro Waste Control 27-3373 Jan svc 8,796.et8cr 6 8 8 7 a -- tie ^ 35,049. ere- , Totals Temp Check Number 43 9 10 11 12 10 '11 12 Temp Check Number 44 13 14 15 16 13 14 115 44 Med C2 t o umbi a Inc 02-201-0- spivs 4n.7-3-4, 17 —_ - ' 18 _ r ' 44 3.34 19 2 16 17 16 Totals Temp irheck Number 44 21 \ 22 Temp Check Number 43 23 24 19 `20 21 < 25 43 Midwest Business Products 241-•a eae spays - •21.54 °• - :26 27 43 Midwest Business Products ' 77+2-2'`Q+1et - spays': ".. 13.8B'' - -,- 2a 22 23 24 -- 29 981 i'3.63 30 Totals Temp Check Number 45 31 32 25 26 . - 33 . • • - "' '` , Temp check Number 4Ea34 • 36 28 29 30 46 M2 n» tel reaa L'o 52--c`0X0 Dec svc f.5121 37 _,_ ---- 38 46 , „ 7. X40 39 ao 31 32 33 J"ota151`eMp trheck Number 41 - , .. . �% ;. t - s .. , 42 Temp Check Number 47 x ., ,. ", 43 44 34 35 36 45 47 Minn Mutual Life Ins eft-eet74 Jan prem 42.95 - 46 47 Minn Mutual Life ins 1 -4232-•¢e+2-eel Jan prem 3.10 a7 49 37 39 39 47 Minn MCtt tial L2 feaYrs $2-42.j2 -7dlid-/Yr Jan prem 1.%Yt 49 _.._ u • ' °. � d ` " .,. . < •. .. i °,y - + - t . . 50 242 .. -•_ F _ " > '�_ 48. 80 51 . 52 40 41 42 Totals Temp Check Number4/ 53 54. Temp Check Number 45 • 55 ` 56 430 44 45 •, ,f - 57 » ' 43 Minnesota Benefit Assn " '8t1-328074 • " Jan prem Y: , ,r :, L 1.74'' ;1 b < x.4" 5S: . 48 Minnesota Benefit Assn ..- . , 01-4232-2101001-4232-2101001-4232-21010' , . . Jan' prep •, 188- pl t 59 60 46 47 48 49 Minnesota benefit Assn 43.32 -2 Jan prem .54D'..412, 61 48 Minnesota Demerit Assn eti•-4132-eee ee Jan prem ' 995.710 62 48 Minnesota Benefit Assn 02-4231-050-50 - Jan prem 22+8. 84 - 63 64 49 50 N 40 mi nnesota Nenelri t NSsn 101 -43 J2.-0 f - - an prem °, - _ - 95 121 65 ° 48 MinnesotaBenefit Assn . 25-4231-060-60 _ .. . - ^ .. •, Jan= prem ' > . - 218. 88 - „j. ,. 'f < 66 67 - , ° 68 52 53 54 .5.51--. • ‘--.,of 38. 3• Totals Temp Check Number 477 _ - - > - 70 .. 71 72 65 t57 Tem¢ L ,71 Numb `3 - 73 76 49 Minn State F2 re Dept Assn 01-4404-030-Z0 , , - = 27 1992 'dues" • . . , - • F 9. Brei ' ' ,. 0 0 0 Q' 0 0 0' 0 0 c) O Q 0 03 Dec 19^- Fri 20:47 Temp Check Number 49 Claims List City or Mendota heights _ Page , • 5 1 2 Temp. 2 3 Check - - • - 4 a 4 Number 'Vendor Name ,r:ccoern Code Comments s Nm ,un tr 5 5 - - 6 6 49 90.00 7 8 Totals tette ec) Number 49 , 9 8 10 9 Temp Check Number 98 • _ 11 12 10 13 1150 Minnesota Torr. Inc 02-00121 splys �29.0O 14 12 90 Minnesota Tara Inc 01-8010 spays 36.00 15 16 13 90-Mi7,rfesCr-t"a-Toro-Inc 02-0028 spays 3:00 17 14 -- ; " ----- > 18 15 150 :.4. ell 79 20 16 totals J P.mp hec3( N7L bees '0 21 22 17 23 1a Temp Check Number 91 24 19- 25 20• 21 92 Minr, Telephone Installers -- 02 -1E -ale' ,• ' installation - .. < 665.8124 ---_- • 26 27 28 22 ' ` 6.1.lee 29 23 TbGai5 Temp CheCH Number 91 30 31 24 32 25 femp , LheCR matters 3� - 33 27 5 Mortar, Tnokal 812-4402-.i9l -90 ° safe t salti 635.se • 36 36 28 37 29 90 889.80 38 30 Totals Temp Check Number yr _ • :_ .. • , r -^,,,,e• r .•?' "d ',S,' . /- 1 0.. _ :y #. .. , a . 39 40 31 ° r 41 32 Temp Check Number , 93 <' 42 .42 '. 33 c « . - 44 34 -c-kr Wes ap er •.. 3-4404-1Te0--'0 3953 dttes ii14F.1410 45 35 _____ - 46 36 93 00.00 48 37 _. i • + • er .�.i - - ,., 49 313 $ m 39 Temp Check Number, .54 ` - < tx 51 52 40 53 41 54 Cakcrest kennels 01-' 020 Dec svc - 049.00 54 42 °54 Oakcrest Kennels 01-001121 Decsvc 906,00 55 56 43 ° -zt� Y 57 44 . '208 , n. ,, , , ; . < "s ".. s ;. 551.00. "� r : , . ,. 58 45 Totals Temp Check Number 54' » 59 46 - 61 47 Temp Check Number 53 62 63 48 - 64 49 t ' Env 2 ce co - 01-7:0i0 - Cy. tnrU 36133, <thru -> 7:$F$ 65 50 ''M* Oxygen 9erv1 ce co r.0�1-78"12+12'+' „ < ` cy1 3 i113'v ' 33.50 'A'4 66 51 >.:13 Oxygen Service Co `02-003.21 " i:., spl ys,. .., + 97.33 ;l Y; 67 68 53 259 79.83 •70 54 Totals Temp Check Number 35 - - , 71 72 55 73 56 Temp Check Number Z6' vb ui ° 74 C7 - - ., a : ° • . h' ' •. 75 0' 0 0 c) O Q 0 0' 0 0 c) O Q 0 03 Dec 19^- Fri 20:47 Temp Check Number 49 Claims List City or Mendota heights _ Page , • 5 1 2 Temp. 2 3 Check - - • - 4 a 4 Number 'Vendor Name ,r:ccoern Code Comments s Nm ,un tr 5 5 - - 6 6 49 90.00 7 8 Totals tette ec) Number 49 , 9 8 10 9 Temp Check Number 98 • _ 11 12 10 13 1150 Minnesota Torr. Inc 02-00121 splys �29.0O 14 12 90 Minnesota Tara Inc 01-8010 spays 36.00 15 16 13 90-Mi7,rfesCr-t"a-Toro-Inc 02-0028 spays 3:00 17 14 -- ; " ----- > 18 15 150 :.4. ell 79 20 16 totals J P.mp hec3( N7L bees '0 21 22 17 23 1a Temp Check Number 91 24 19- 25 20• 21 92 Minr, Telephone Installers -- 02 -1E -ale' ,• ' installation - .. < 665.8124 ---_- • 26 27 28 22 ' ` 6.1.lee 29 23 TbGai5 Temp CheCH Number 91 30 31 24 32 25 femp , LheCR matters 3� - 33 27 5 Mortar, Tnokal 812-4402-.i9l -90 ° safe t salti 635.se • 36 36 28 37 29 90 889.80 38 30 Totals Temp Check Number yr _ • :_ .. • , r -^,,,,e• r .•?' "d ',S,' . /- 1 0.. _ :y #. .. , a . 39 40 31 ° r 41 32 Temp Check Number , 93 <' 42 .42 '. 33 c « . - 44 34 -c-kr Wes ap er •.. 3-4404-1Te0--'0 3953 dttes ii14F.1410 45 35 _____ - 46 36 93 00.00 48 37 _. i • + • er .�.i - - ,., 49 313 $ m 39 Temp Check Number, .54 ` - < tx 51 52 40 53 41 54 Cakcrest kennels 01-' 020 Dec svc - 049.00 54 42 °54 Oakcrest Kennels 01-001121 Decsvc 906,00 55 56 43 ° -zt� Y 57 44 . '208 , n. ,, , , ; . < "s ".. s ;. 551.00. "� r : , . ,. 58 45 Totals Temp Check Number 54' » 59 46 - 61 47 Temp Check Number 53 62 63 48 - 64 49 t ' Env 2 ce co - 01-7:0i0 - Cy. tnrU 36133, <thru -> 7:$F$ 65 50 ''M* Oxygen 9erv1 ce co r.0�1-78"12+12'+' „ < ` cy1 3 i113'v ' 33.50 'A'4 66 51 >.:13 Oxygen Service Co `02-003.21 " i:., spl ys,. .., + 97.33 ;l Y; 67 68 53 259 79.83 •70 54 Totals Temp Check Number 35 - - , 71 72 55 73 56 Temp Check Number Z6' vb ui ° 74 C7 - - ., a : ° • . h' ' •. 75 0' 0 0 c) O Q 0 SO Dec 29' Claims List Page 9 Pr2 19;47 C2 ty of Mendota Heights Temp Check Number 99 M6 t 2 > Temp. Check 1 2 3 4 6 7 8 4 5 6 Number Vendor Name Account bene Commgrrit s -moun — ------ 7 96 mac.. - - Totals Temp Check Number 96 - - • 9 10 11 12 tp 4(11 12 Temp Check Number .:f7 97 9 6 T Office Products 0i -e12+2 splys 3.49 13 14 16 13 )14 15 . - 5 T OfF Products 02-•^8ta i0 '50-9S 51.0E- 37 9 & T Office Products 8t✓-eetlgt splys - 37.99 37 9 i. T office Products 02-20 spl ys 14.88 - 17 18 20 16 17 18 97 S ti T Office Products th1=•E0i0 splys 11.99 --- ------ 089 128.96 21 22 24 25 26 27 28 19 X20• 21 Totals r emp Check Number - . ., Temp Check Number : 98 22 23 24 98 Sanitary Products Co 08-24+10 splys 74.449 98 sanitary Products Co 08-0010 splys 93.39 29 30 31 32 26 27 1 1$ t .: ; ° - " 3 07. 79 .- ' H Totals, Temp Check Number - 98 fi 33 34 3s 36 28 z9 30 Temp Check Number 99 _ .. ,. _ a � ~ - 38 39 40 31 32 33 �9 L £ Shaughnessy Jr - Yf1 =L� gr'r Y ec svc .. � - � � 2 a :aat7. 12ry7 • . .. ' 59 L 9 Shaughnessy Jr ^ 0-5-sime - Dec svc ,.. 161.00 • 99 L E Shaughnessy Jr 19-2010 Dec svc ' ; 97. 341 41 42 43 44 34 35 36 59 L 9 bhaughnessy Jr 03^=901-0 -Dec svc 3-4Y. 99 L E Shaughnessy Jr •i1-eole Dec svc 293.00 99 L 9 Shaughnessy Jr 14 i! 910 Dec svc 2, ses. 60 - - 45 46, 47 48 37 38 ✓r . - - _-i, . . — YC , .3.17'. v.3 F, g 99 L 9 Shaughnessy Jr , , 01-2030- reimb exp .:109.69 :, , -s y. 49 50 52 53 54 55� 56 40 41 42 47e52 _ 4, rel-*. c.J Totals Temp Check Number 99 '. ,. . 43 45 Temp CheCH Number. > bt12 ... . . .80 90 St Paul ` Bee Line .. 03-020 .. rprs ,1144/ 44 06. $rQt -s- - > > 57 59 60 46 47 48 -- ---- t12 es. 00 _ Totals Temp Check Number 90 61 62 63' 64 49..> 0 . - .. .. :d: Temp Check Number , 61' Y $. - , ., , - ,. .• 62 65 66•, 57 68 69 704 7t 72 52 53 54 _ Sound ACC udt 2 cs C 3 -a- •' -pr^s 72760 -- - - - - ----- 61 - 7e.00 55 X57 re.tvais- re,mp heck Number V2 n _ Temp Check Number se " « ,. .. . �^ .. ' ._ . , , 73 75 0 0 0 0 SO Dec 29' Claims List Page 9 Pr2 19;47 C2 ty of Mendota Heights Temp Check Number 99 M6 t 2 > Temp. Check 1 2 3 4 6 7 8 4 5 6 Number Vendor Name Account bene Commgrrit s -moun — ------ 7 96 mac.. - - Totals Temp Check Number 96 - - • 9 10 11 12 tp 4(11 12 Temp Check Number .:f7 97 9 6 T Office Products 0i -e12+2 splys 3.49 13 14 16 13 )14 15 . - 5 T OfF Products 02-•^8ta i0 '50-9S 51.0E- 37 9 & T Office Products 8t✓-eetlgt splys - 37.99 37 9 i. T office Products 02-20 spl ys 14.88 - 17 18 20 16 17 18 97 S ti T Office Products th1=•E0i0 splys 11.99 --- ------ 089 128.96 21 22 24 25 26 27 28 19 X20• 21 Totals r emp Check Number - . ., Temp Check Number : 98 22 23 24 98 Sanitary Products Co 08-24+10 splys 74.449 98 sanitary Products Co 08-0010 splys 93.39 29 30 31 32 26 27 1 1$ t .: ; ° - " 3 07. 79 .- ' H Totals, Temp Check Number - 98 fi 33 34 3s 36 28 z9 30 Temp Check Number 99 _ .. ,. _ a � ~ - 38 39 40 31 32 33 �9 L £ Shaughnessy Jr - Yf1 =L� gr'r Y ec svc .. � - � � 2 a :aat7. 12ry7 • . .. ' 59 L 9 Shaughnessy Jr ^ 0-5-sime - Dec svc ,.. 161.00 • 99 L E Shaughnessy Jr 19-2010 Dec svc ' ; 97. 341 41 42 43 44 34 35 36 59 L 9 bhaughnessy Jr 03^=901-0 -Dec svc 3-4Y. 99 L E Shaughnessy Jr •i1-eole Dec svc 293.00 99 L 9 Shaughnessy Jr 14 i! 910 Dec svc 2, ses. 60 - - 45 46, 47 48 37 38 ✓r . - - _-i, . . — YC , .3.17'. v.3 F, g 99 L 9 Shaughnessy Jr , , 01-2030- reimb exp .:109.69 :, , -s y. 49 50 52 53 54 55� 56 40 41 42 47e52 _ 4, rel-*. c.J Totals Temp Check Number 99 '. ,. . 43 45 Temp CheCH Number. > bt12 ... . . .80 90 St Paul ` Bee Line .. 03-020 .. rprs ,1144/ 44 06. $rQt -s- - > > 57 59 60 46 47 48 -- ---- t12 es. 00 _ Totals Temp Check Number 90 61 62 63' 64 49..> 0 . - .. .. :d: Temp Check Number , 61' Y $. - , ., , - ,. .• 62 65 66•, 57 68 69 704 7t 72 52 53 54 _ Sound ACC udt 2 cs C 3 -a- •' -pr^s 72760 -- - - - - ----- 61 - 7e.00 55 X57 re.tvais- re,mp heck Number V2 n _ Temp Check Number se " « ,. .. . �^ .. ' ._ . , , 73 75 0 0 0 0 0 O• 0 0 ..r U 06 Dec 23- Fri •19.4: Temp £teck Number 6;= Claims List City of Mendota Heights , q _ Page Sit ' ' C71eck • 'Comments sp1ys spays spays HWOUhr - em.58 1 .'=l 41_04 8•434 - - 1 4 4 5 6 1 7 8 9 10 11 12 13 14 15' 10 177 10 19 20 4 5 5 Number Vender Name 6c. Sterling Electric Account Ode ]b -e i¢1 7 8 g t;.. STWT7FIng L•lectric 69 Sterling Electric --- . 01-90Y0 ed -eole 10• 11 12 a Totals Temp Check Number 6;` 1 14 15 TIork-Niflnbe!^ b3 63 Sun Newspapers 01-�`1T�20 % Lax prop.nutice > n - 150.'00 - • 16 17 18 -- F"' Totals Temp Check Number 63 ---•-- 150.00 21 22 24 19 20 21 "Temp Check Number ° ..� a 64 .- . - - _ > - ., ifil-evre 01-eele 01-9010 N' 11Z1 13-0028 ... ': „�. 411-90.34'+ 0.! -,- 112, 01-e03O l > " ., - ^ „ .. Y' ^ ' Dec svc Dec svc Dec svc 3?eL^; SVC Dec svc, ' Dec svc` i�ec svc Dec svc . r ^ w ,. ,. 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Sterling Electric Account Ode ]b -e i¢1 7 8 g t;.. STWT7FIng L•lectric 69 Sterling Electric --- . 01-90Y0 ed -eole 10• 11 12 a Totals Temp Check Number 6;` 1 14 15 TIork-Niflnbe!^ b3 63 Sun Newspapers 01-�`1T�20 % Lax prop.nutice > n - 150.'00 - • 16 17 18 -- F"' Totals Temp Check Number 63 ---•-- 150.00 21 22 24 19 20 21 "Temp Check Number ° ..� a 64 .- . - - _ > - ., ifil-evre 01-eele 01-9010 N' 11Z1 13-0028 ... ': „�. 411-90.34'+ 0.! -,- 112, 01-e03O l > " ., - ^ „ .. Y' ^ ' Dec svc Dec svc Dec svc 3?eL^; SVC Dec svc, ' Dec svc` i�ec svc Dec svc . r ^ w ,. ,. '.F, , ... ,. % • - - <. .../17". 3L'+ 346_i'8 49.9 19tl. 5H 96. f0¢,' 110_9O 3..,. 4,3 el0.4i -------- t • - .. - ^ Y• .." w , .. ., >. 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' . 4 comment s 71, rattottnt 164- •a9 4 5 8 o 3 . - MANUAL CHECKS , . : ' . . , . 9 0 1 12 . . , „ 13 1: 16 12929 10.00 12930 2,657.26 12931 23,416.34 LMC . ‘, REgr „ • Dakota County Bank Fire payroll w/h Payroll a/c . „ ' ; - . .. . 17 20 li - 12932 . 4060.00 , 12934 735.75 12935. 3,442.32 Mn ealeeg Humane Soc City share Clayton Engel pers Svcs thru 12/14/90 SCCU 12/14 payroll deductions 21 24 19 20 21 , „ . —22936--7-500.00 12937, 13,048.45 12938 4,243.14 Dakota County Bank , . . • . n '''' 12/14 w/h Commissioner of REv »» » PERA Payroll a/c 11/30 payroll '22/14 payroll Mendota Apt Ltd Part Park acq Dak County Tras .....-"," . . " - Dak County ' 'Abst . "-- •,„ , . Larry Bridger , firearm reimb • " ,..- ., — „ . . " . .. . , .. , , ; • .. „ , . , .'. . ' , . ,. ;.',' ' , , „ , . 25 29 31 33 3;1 6 il 12939 17637.21 12940 40,993.65 12941 518,267.50 E . . , - . „ ; 12942 ' . 1,r32.50 ,, 12943 • 1,260.90. • • 12945 , .. , 350.00 ' ,,,'" l ' . • 123,16 ' 289.95 12947 350.00 12948 120.00 Keith Stein. exp reimb ' Dave 07mstead • firearm reimb • me WA regr. . ‘• - 4 . • 40 , • . 12949 180.000 , 12950 253.67 '' • 12951 -,.• 7,656.78 U of It ,- ; ' " . - . ICMA RT . , " 12114 payroll. „, PERA • .. .., . , - I ,4 „. . .. ' • ... ; ; . . 41 42, 43 44 34 35 36 . A 12952 15180.00 .MWCC sac adj Centex, Solvay : 5 40 47 48 .1 646,324.52 3 . , T . ,-, 717,4894-51 ,+ , -, 2. - *,' ,,,, • .... .... . * - ,, „ , 9 50 51 52 41 * .. , 54 55 44 , ' ".....,..- 57 58 46 47„ 48 . ' . . . „ , 61 62 63 64„ , 9 50 5 , ' , ' , * • * ?„ . t , ,., , „ , , ... , , . . , ` „ ' 4 , . ' . ' , . , .. - , '.. , . .”` • 66 66 67 68 5 53 54 . ' * . . * , - 69 70 71 72 55 6 7 ' r , , ,. . ',... . . . - ' . . , 1 . „ . ; -N, . — , , . , , ' . ' ' . ' , , 74 75 • , a , : _ 2 • ' ' 7 0 • ' .2B Dec ra' Fri 10:47 Tempi'-neok .tdumner- 0 4 C3 aims List City of merloora Hits ‘• . --- it t %.. ... : t . - %.*,.., „ " 11 11Accorrfft—Coode 1 10 11 12 Temp. /Vt1111 7' cra , . V • or ante 1 . . . . •,.. , , , . . . . ' . 4 comment s 71, rattottnt 164- •a9 4 5 8 o 3 . - MANUAL CHECKS , . : ' . . , . 9 0 1 12 . . , „ 13 1: 16 12929 10.00 12930 2,657.26 12931 23,416.34 LMC . ‘, REgr „ • Dakota County Bank Fire payroll w/h Payroll a/c . „ ' ; - . .. . 17 20 li - 12932 . 4060.00 , 12934 735.75 12935. 3,442.32 Mn ealeeg Humane Soc City share Clayton Engel pers Svcs thru 12/14/90 SCCU 12/14 payroll deductions 21 24 19 20 21 , „ . —22936--7-500.00 12937, 13,048.45 12938 4,243.14 Dakota County Bank , . . • . n '''' 12/14 w/h Commissioner of REv »» » PERA Payroll a/c 11/30 payroll '22/14 payroll Mendota Apt Ltd Part Park acq Dak County Tras .....-"," . . " - Dak County ' 'Abst . "-- •,„ , . Larry Bridger , firearm reimb • " ,..- ., — „ . . " . .. . , .. , , ; • .. „ , . , .'. . ' , . ,. ;.',' ' , , „ , . 25 29 31 33 3;1 6 il 12939 17637.21 12940 40,993.65 12941 518,267.50 E . . , - . „ ; 12942 ' . 1,r32.50 ,, 12943 • 1,260.90. • • 12945 , .. , 350.00 ' ,,,'" l ' . • 123,16 ' 289.95 12947 350.00 12948 120.00 Keith Stein. exp reimb ' Dave 07mstead • firearm reimb • me WA regr. . ‘• - 4 . • 40 , • . 12949 180.000 , 12950 253.67 '' • 12951 -,.• 7,656.78 U of It ,- ; ' " . - . ICMA RT . , " 12114 payroll. „, PERA • .. .., . , - I ,4 „. . .. ' • ... ; ; . . 41 42, 43 44 34 35 36 . A 12952 15180.00 .MWCC sac adj Centex, Solvay : 5 40 47 48 .1 646,324.52 3 . , T . ,-, 717,4894-51 ,+ , -, 2. - *,' ,,,, • .... .... . * - ,, „ , 9 50 51 52 41 * .. , 54 55 44 , ' ".....,..- 57 58 46 47„ 48 . ' . . . „ , 61 62 63 64„ , 9 50 5 , ' , ' , * • * ?„ . t , ,., , „ , , ... , , . . , ` „ ' 4 , . ' . ' , . , .. - , '.. , . .”` • 66 66 67 68 5 53 54 . ' * . . * , - 69 70 71 72 55 6 7 ' r , , ,. . ',... . . . - ' . . , 1 . „ . ; -N, . — , , . , , ' . ' ' . ' , , 74 75 • , a , : _ 2 • ' ' 7 0 STATE OF MINNESOTA COUNTY OF DAKOTA CENTEX REAL ESTATE CORPORATION, a Nevada corporation, doing business as CENTEX HOMES, and TANDEM CORPORATION, a Minnesota corporation, Plaintiffs -Petitioners, vs. THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, Defendant -Respondent. Case Type: 10 Other Civil: Declaratory Judgment DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: SUMMONS TO: Defendant -Respondent and its Attorney. You are hereby summoned and required to serve upon Plaintiffs' -Petitioners' attorneys an Answer to the Complaint which is herewith served upon you within twenty (20) days of this Summons upon, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for relief demanded in the Complaint. fid Dated this .f� day of December, 1990. • jci•L.K. i /IL/.LJ� IL i By Jo' . Fr B. i177 A tomey No. 4546 2409 Midwest Federal Building 50 E. 5th Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Plaintiffs -Petitioners STATE OF MINNESOTA COUNTY OF DAKOTA CENTEX REAL ESTATE CORPORATION, a Nevada corporation, doing business as CENTEX HOMES, and TANDEM CORPORATION, a Minnesota corporation, Plaintiffs -Petitioners, vs. THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, Defendant -Respondent. Case Type: 10 Other Civil: Declaratory Judgment DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: SUMMONS TO: Defendant -Respondent and its Attorney. You are hereby summoned and required to serve upon Plaintiffs' -Petitioners' attorneys an Answer to the Complaint which is herewith served upon you within twenty (20) days of this Summons upon, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for relief demanded in the Complaint. fid Dated this .f� day of December, 1990. • jci•L.K. i /IL/.LJ� IL i By Jo' . Fr B. i177 A tomey No. 4546 2409 Midwest Federal Building 50 E. 5th Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Plaintiffs -Petitioners Case Type: 10 Other Civil: Declaratory Judgment STALE, OF MINNESOTA COUNTY OF DAKOTA CENTEX REAL ESTAlk, CORPORATION, a Nevada corporation, doing business as CENTEX HOMES, and TANDEM CORPORATION, a Minnesota corporation, Plaintiffs -Petitioners, vs. THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, Defendant -Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND ALTERNATIVE WRIT OF MANDAMUS Plaintiffs -Petitioners, state and allege as follows: I. Centex Real Estate Corporation, a Nevada corporation, doing business as Centex Homes, (hereinafter Centex) is a foreign corporation duly authorized to do business in the State of Minnesota. II. • Tandem Corporation, a Minnesota corporation, (hereinafter Tandem) is a domestic corporation duly authorized to do business in the State of Minnesota. Case Type: 10 Other Civil: Declaratory Judgment STALE, OF MINNESOTA COUNTY OF DAKOTA CENTEX REAL ESTAlk, CORPORATION, a Nevada corporation, doing business as CENTEX HOMES, and TANDEM CORPORATION, a Minnesota corporation, Plaintiffs -Petitioners, vs. THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, Defendant -Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND ALTERNATIVE WRIT OF MANDAMUS Plaintiffs -Petitioners, state and allege as follows: I. Centex Real Estate Corporation, a Nevada corporation, doing business as Centex Homes, (hereinafter Centex) is a foreign corporation duly authorized to do business in the State of Minnesota. II. • Tandem Corporation, a Minnesota corporation, (hereinafter Tandem) is a domestic corporation duly authorized to do business in the State of Minnesota. III. The City of Mendota Heights, Dakota County, Minnesota, a municipal corporation (hereinafter City) is a municipal corporation organized and existing in accordance with Minnesota Law. IV. That at all times material herein Centex Real Estate Corporation and Tandem Corporation, (hereinafter Owners) are the fee owner of record or contract for deed vendees of certain real property (hereinafter the subject property) consisting of approximately 89 acres of unimproved land which is located north of Interstate 494 and south of Mendota Heights Road and east of Dodd Road, and west of Delaware Avenue all within the City which subject property is more particularly described in Exhibit A attached hereto and incorporated herein by reference thereto. V. By Application dated and filed February 8, 1990 Owners applied to the City for approval of the following: a. Rezoning of the subject property from R-1, R -1A, and R -1B (all one -family residential districts) to HR PUD and MR PUD (medium density residential planned unit development and high density residential planned unit development [hereinafter MR PUD and HR PUD]); b. Preliminary plat approval for Kensington Planned Unit Development, Phase II; and c. A wetlands permit; and 2 III. The City of Mendota Heights, Dakota County, Minnesota, a municipal corporation (hereinafter City) is a municipal corporation organized and existing in accordance with Minnesota Law. IV. That at all times material herein Centex Real Estate Corporation and Tandem Corporation, (hereinafter Owners) are the fee owner of record or contract for deed vendees of certain real property (hereinafter the subject property) consisting of approximately 89 acres of unimproved land which is located north of Interstate 494 and south of Mendota Heights Road and east of Dodd Road, and west of Delaware Avenue all within the City which subject property is more particularly described in Exhibit A attached hereto and incorporated herein by reference thereto. V. By Application dated and filed February 8, 1990 Owners applied to the City for approval of the following: a. Rezoning of the subject property from R-1, R -1A, and R -1B (all one -family residential districts) to HR PUD and MR PUD (medium density residential planned unit development and high density residential planned unit development [hereinafter MR PUD and HR PUD]); b. Preliminary plat approval for Kensington Planned Unit Development, Phase II; and c. A wetlands permit; and 2 d. A Conditional Use Permit (hereinafter CUP) for a Planning Unit Development (hereinafter PUD). VL The Owners' project as initially applied for consisted of 563 dwelling units, 136 dwelling units of which were previously approved December 12, 1987 by the City's Council when it rezoned, approved the preliminary plat and CUP for Kensington Planned Unit Development - Phase I (hereinafter Kensington PUD Phase I). Additionally, by Resolution No. 87-120, "A Resolution Giving Sketch Plan Approval to Case 87-24, Kensington Multi -family Residential Planned Unit Development" Sketch Plan A which allowed for 540 units with a ten acre park and Sketch Plan B which allowed for 500 units with a 35 acre park were approved. VII. The land uses surrounding the subject property are mixed and diverse. The subject property is bounded on the south by Interstate 494, a major metropolitan transportation corridor, on the west by the Kensington PUD - Phase I, consisting of 136 manor homes, 011 the north by Mendota Heights Road, a county state aid highway serving the City as a minor collector -distributor between Dodd Road on the west and Delaware Avenue on the east. The north side of Mendota Heights Road is planned for and improved with low density residential uses. The entire subject property lies within Noise Zone 4, a Noise Attenuation District as the same relates to the Minneapolis -St. Paul International Airport. VIII. On June 20, 1989 the City Council approved Kensington Planned Unit Development, Phase II, (hereinafter Kensington PUD - Phase II) Sketch Plan C-3 covering 103 acres (inclusive of Kensington PUD Phase I with a total of 563 dwelling units (of which 136 units 3 d. A Conditional Use Permit (hereinafter CUP) for a Planning Unit Development (hereinafter PUD). VL The Owners' project as initially applied for consisted of 563 dwelling units, 136 dwelling units of which were previously approved December 12, 1987 by the City's Council when it rezoned, approved the preliminary plat and CUP for Kensington Planned Unit Development - Phase I (hereinafter Kensington PUD Phase I). Additionally, by Resolution No. 87-120, "A Resolution Giving Sketch Plan Approval to Case 87-24, Kensington Multi -family Residential Planned Unit Development" Sketch Plan A which allowed for 540 units with a ten acre park and Sketch Plan B which allowed for 500 units with a 35 acre park were approved. VII. The land uses surrounding the subject property are mixed and diverse. The subject property is bounded on the south by Interstate 494, a major metropolitan transportation corridor, on the west by the Kensington PUD - Phase I, consisting of 136 manor homes, 011 the north by Mendota Heights Road, a county state aid highway serving the City as a minor collector -distributor between Dodd Road on the west and Delaware Avenue on the east. The north side of Mendota Heights Road is planned for and improved with low density residential uses. The entire subject property lies within Noise Zone 4, a Noise Attenuation District as the same relates to the Minneapolis -St. Paul International Airport. VIII. On June 20, 1989 the City Council approved Kensington Planned Unit Development, Phase II, (hereinafter Kensington PUD - Phase II) Sketch Plan C-3 covering 103 acres (inclusive of Kensington PUD Phase I with a total of 563 dwelling units (of which 136 units 3 were previously approved in Kensington PUD Phase I) and providing for a dedication of approximately 26 acres for park and recreational uses. IX. Prior to December, 1985, the subject property appeared in the City's Comprehensive Guide Plan (hereinafter CGP) as guided for low density residential, rural residential and the site for a city park. On December 6, 1985 the City applied to the Metropolitan Council for a CGP amendment including the subject property to configure the originally guided rural residential and low density residential to low density residential, MR -PUD (four dwelling units per acre), HR -PUD (eight dwelling units per acre) and Limited Business -PUD. X. On November 19, 1987 the City Council held a public hearing on the application for a CGP amendment and an application from Centex and Tandem for Sketch Plan approval for the proposed Kensington PUD Multi -Housing Residential Use. The Council approved the southeast area comprehensive plan amendments including changes made that evening and submitted the same to the Metropolitan Council. XL On November 24, 1987 the City's Planning Commission considered Centex's rezoning, subdivision and conditional use permit for a PUD (Kensington PUD - Phase I). Said Commission recommended approval of the preliminary development plan to the City Council. XII. On December 15, 1987 the City Council adopted Resolution No. 87-120, "A Resolution Giving Sketch Plan Approval To Case 87-24, Kensington Multi -Family Residential Planned Unit Development." together with Rezoning Phase I from R-1 to HR -PUD, Rezoning from 4 were previously approved in Kensington PUD Phase I) and providing for a dedication of approximately 26 acres for park and recreational uses. IX. Prior to December, 1985, the subject property appeared in the City's Comprehensive Guide Plan (hereinafter CGP) as guided for low density residential, rural residential and the site for a city park. On December 6, 1985 the City applied to the Metropolitan Council for a CGP amendment including the subject property to configure the originally guided rural residential and low density residential to low density residential, MR -PUD (four dwelling units per acre), HR -PUD (eight dwelling units per acre) and Limited Business -PUD. X. On November 19, 1987 the City Council held a public hearing on the application for a CGP amendment and an application from Centex and Tandem for Sketch Plan approval for the proposed Kensington PUD Multi -Housing Residential Use. The Council approved the southeast area comprehensive plan amendments including changes made that evening and submitted the same to the Metropolitan Council. XL On November 24, 1987 the City's Planning Commission considered Centex's rezoning, subdivision and conditional use permit for a PUD (Kensington PUD - Phase I). Said Commission recommended approval of the preliminary development plan to the City Council. XII. On December 15, 1987 the City Council adopted Resolution No. 87-120, "A Resolution Giving Sketch Plan Approval To Case 87-24, Kensington Multi -Family Residential Planned Unit Development." together with Rezoning Phase I from R-1 to HR -PUD, Rezoning from 4 R-1 to MR -PUD and approving a CUP for PUD, Kensington PUD - Phase I. XIII. That on June 20, 1989 the City Council approved Centex's Sketch Plan C-3 for the Kensington PUD - Phase II, which incorporates the park that was mutually agreed upon with the Citizens' Park Review Committee. XIV. That subsequent to filing the Owners' application noted in Paragraph VI. above, the matter was referred to the City's Planning Commission for public hearing February 28, 1990. That public hearing was continued to March 27, 1990. The March 27, 1990 public hearing was again adjourned without decision or recommendation. The public hearing was continued to April 24, 1990. XV. On April 24, 1990, the public hearing before the Planning Commission continued with neighborhood opposition being the primary preoccupation of the Commission. Finally, the Planning Commission made a recommendation to the City Council to deny the requested rezoning, CUP, PUD, Preliminary Plat and Wetlands Permit based upon 14 findings of fact, no one of which was legally sufficient or factually supported and all of which were repudiated by the City Council May 15, 1990 when it referred the matter back to the Planning Commission. XVI. On May 15, 1990 the City Council held its first public hearing on the application from Centex for rezoning, conditional use permit for planned unit development, preliminary plat and wetlands permits for Kensington PUD - Phase II, Plan C-3. After an extensive public 5 R-1 to MR -PUD and approving a CUP for PUD, Kensington PUD - Phase I. XIII. That on June 20, 1989 the City Council approved Centex's Sketch Plan C-3 for the Kensington PUD - Phase II, which incorporates the park that was mutually agreed upon with the Citizens' Park Review Committee. XIV. That subsequent to filing the Owners' application noted in Paragraph VI. above, the matter was referred to the City's Planning Commission for public hearing February 28, 1990. That public hearing was continued to March 27, 1990. The March 27, 1990 public hearing was again adjourned without decision or recommendation. The public hearing was continued to April 24, 1990. XV. On April 24, 1990, the public hearing before the Planning Commission continued with neighborhood opposition being the primary preoccupation of the Commission. Finally, the Planning Commission made a recommendation to the City Council to deny the requested rezoning, CUP, PUD, Preliminary Plat and Wetlands Permit based upon 14 findings of fact, no one of which was legally sufficient or factually supported and all of which were repudiated by the City Council May 15, 1990 when it referred the matter back to the Planning Commission. XVI. On May 15, 1990 the City Council held its first public hearing on the application from Centex for rezoning, conditional use permit for planned unit development, preliminary plat and wetlands permits for Kensington PUD - Phase II, Plan C-3. After an extensive public 5 hearing, the City Council found that the density in the Centex proposal and the configuration of the park were consistent with the CGP which was currently in place. The Council referred the Centex development proposal back to the Planning Commission directing it to focus its attention on specific planning issues not related to density. XVII. On May 22, 1990 the City Planning Commission accepted referral of the Centex proposal to review specific planning issues. At the conclusion of an extensive hearing, it was the consensus of the Planning Commission that representatives of the Planning Commission, Centex and Tandem, the City Staff and legal counsel representing the neighbors, meet further to discuss the issues concerning Kensington PUD - Phase II. Such a hearing was held June 4, 1990. XVIII. On June 26, 1990 the City's Planning Commission reviewed the plans presented by Centex and Tandem dated June 22, 1990, reflecting changes and comments at the last Planning Commission meeting together with the June 4, 1990 meeting. Again, after a two and a quarter hour hearing, the Planning Commission moved that the revised plans are an improved plan and forwarded the public record gathered during its review to the City Council. XIX. On July 10, 1990 the Centex and Tandem proposal came back on for hearing before the City Council. Again after a lengthy hearing, the matter was continued to August 7, 1990 in order to resolve questions of parking and quality of craftsmanship in the proposed development. 6 hearing, the City Council found that the density in the Centex proposal and the configuration of the park were consistent with the CGP which was currently in place. The Council referred the Centex development proposal back to the Planning Commission directing it to focus its attention on specific planning issues not related to density. XVII. On May 22, 1990 the City Planning Commission accepted referral of the Centex proposal to review specific planning issues. At the conclusion of an extensive hearing, it was the consensus of the Planning Commission that representatives of the Planning Commission, Centex and Tandem, the City Staff and legal counsel representing the neighbors, meet further to discuss the issues concerning Kensington PUD - Phase II. Such a hearing was held June 4, 1990. XVIII. On June 26, 1990 the City's Planning Commission reviewed the plans presented by Centex and Tandem dated June 22, 1990, reflecting changes and comments at the last Planning Commission meeting together with the June 4, 1990 meeting. Again, after a two and a quarter hour hearing, the Planning Commission moved that the revised plans are an improved plan and forwarded the public record gathered during its review to the City Council. XIX. On July 10, 1990 the Centex and Tandem proposal came back on for hearing before the City Council. Again after a lengthy hearing, the matter was continued to August 7, 1990 in order to resolve questions of parking and quality of craftsmanship in the proposed development. 6 XX. Throughout the hearings before the Planning Commission and City Council, considerable neighborhood opposition manifested itself. The neighborhood opposition to the project related generally to a variety of matters including but not limited to, traffic concerns, quality of workmanship and materials of the proposed improvements, lack of market demand for the project, depreciation of property values and density. XXL At the public hearings before the City Council and Planning Commission, Centex and Tandem presented expert testimony that resolved all issues which affected public health, safety and welfare, and met each and every performance standard cited by the City's staff and consultants. The project met all of the requirements for approval by the City. Specifically, the project as proposed is consistent with the density requirements of the City's CGP and Zoning Ordinance and meets all of the requirements for approval of the CUP for the PUD. XXII. On August 7, 1990 the City Council reconvened its deliberations on the Centex and Tandem proposals for Kensington PUD - Phase 11, Plan C-3. The two council members who had concerns to be resolved at the previous council hearing of July 10, 1990 acknowledged for the record that their concerns had been satisfied by Centex and Tandem. At the end of the meeting, Councilmember Blesener moved that the area of the project be rezoned to MR - PUD and HR -PUD consistent with the Comprehensive Guide Plan. Councilmember Hartmann seconded the motion. Minn. Stat. *462.357, Subd. 2, provides that a City Council may amend a zoning ordinance by a two-thirds vote of all its members. The vote was three 7 XX. Throughout the hearings before the Planning Commission and City Council, considerable neighborhood opposition manifested itself. The neighborhood opposition to the project related generally to a variety of matters including but not limited to, traffic concerns, quality of workmanship and materials of the proposed improvements, lack of market demand for the project, depreciation of property values and density. XXL At the public hearings before the City Council and Planning Commission, Centex and Tandem presented expert testimony that resolved all issues which affected public health, safety and welfare, and met each and every performance standard cited by the City's staff and consultants. The project met all of the requirements for approval by the City. Specifically, the project as proposed is consistent with the density requirements of the City's CGP and Zoning Ordinance and meets all of the requirements for approval of the CUP for the PUD. XXII. On August 7, 1990 the City Council reconvened its deliberations on the Centex and Tandem proposals for Kensington PUD - Phase 11, Plan C-3. The two council members who had concerns to be resolved at the previous council hearing of July 10, 1990 acknowledged for the record that their concerns had been satisfied by Centex and Tandem. At the end of the meeting, Councilmember Blesener moved that the area of the project be rezoned to MR - PUD and HR -PUD consistent with the Comprehensive Guide Plan. Councilmember Hartmann seconded the motion. Minn. Stat. *462.357, Subd. 2, provides that a City Council may amend a zoning ordinance by a two-thirds vote of all its members. The vote was three 7 votes for rezoning, one vote against and the fifth councilmember passed. The Mayor announced that the motion failed for lack of the required four-fifths affirmative vote. XXIII. Subsequent to that vote, Councilmember Cummins who passed admitted that when his turn to vote came his mind told him to vote yes but his heart said no. He was undecided and, therefore, passed. Only when the Mayor declared the motion to have failed did he accept its result. FIRST CAUSE OF ACTION DECLARATORY JUDGMENT DENIAL OF THE REZONING APPLICATION WAS ARBITRARY AND CAPRICIOUS XXIV. Plaintiffs -Petitioners reallege Paragraphs I. through XXIII. as though set forth in their entirety herein. XXV. This cause of action is brought pursuant to Minn. Stat. §555.01, et seq., for a declaratory judgment seeking a determination of this court that Defendant -Respondent's failure to grant the rezone application was arbitrary and capricious. XXVI. That the Defendant -Respondent failed to make any contemporaneous findings in support of its denial of the rezone application. XXVII. That the failure to make contemporaneous findings shifts the burden of proof to the Defendant -Respondent. 8 votes for rezoning, one vote against and the fifth councilmember passed. The Mayor announced that the motion failed for lack of the required four-fifths affirmative vote. XXIII. Subsequent to that vote, Councilmember Cummins who passed admitted that when his turn to vote came his mind told him to vote yes but his heart said no. He was undecided and, therefore, passed. Only when the Mayor declared the motion to have failed did he accept its result. FIRST CAUSE OF ACTION DECLARATORY JUDGMENT DENIAL OF THE REZONING APPLICATION WAS ARBITRARY AND CAPRICIOUS XXIV. Plaintiffs -Petitioners reallege Paragraphs I. through XXIII. as though set forth in their entirety herein. XXV. This cause of action is brought pursuant to Minn. Stat. §555.01, et seq., for a declaratory judgment seeking a determination of this court that Defendant -Respondent's failure to grant the rezone application was arbitrary and capricious. XXVI. That the Defendant -Respondent failed to make any contemporaneous findings in support of its denial of the rezone application. XXVII. That the failure to make contemporaneous findings shifts the burden of proof to the Defendant -Respondent. 8 XXVIII. That the reasons given by the Councilmember who voted in opposition to the rezone application were neither legally sufficient nor factually supported in the record developed before the City Council. XXIX. That the failure to set forth legally sufficient and factually supported reasons renders the practical denial of the rezone application arbitrary and capricious without any rational basis. XXX. That the denial of this rezone application has created a justiciable controversy between the parties requiring the intervention of the Court with respect to the validity of the City's failure to approve Plaintiffs -Petitioners' application for rezoning. SECOND CAUSE OF ACTION DEPRIVATION OF CONSTITUTIONAL RIGHTS XXXI. Plaintiffs -Petitioners reallege Paragraphs I. through XXX. as though fully set forth herein in their entirety. XXXII. This cause of action is brought pursuant to 42 U.S.C. *1983, et seq., which confers upon any citizen the right to commence legal action against any person who, under color of any statute, ordinance, regulation, or custom of any state, deprives the citizen of any rights, privileges, or immunities preserved by the United States Constitution and laws. This Court has jurisdiction pursuant to 42 U.S.C. §1983. 9 XXVIII. That the reasons given by the Councilmember who voted in opposition to the rezone application were neither legally sufficient nor factually supported in the record developed before the City Council. XXIX. That the failure to set forth legally sufficient and factually supported reasons renders the practical denial of the rezone application arbitrary and capricious without any rational basis. XXX. That the denial of this rezone application has created a justiciable controversy between the parties requiring the intervention of the Court with respect to the validity of the City's failure to approve Plaintiffs -Petitioners' application for rezoning. SECOND CAUSE OF ACTION DEPRIVATION OF CONSTITUTIONAL RIGHTS XXXI. Plaintiffs -Petitioners reallege Paragraphs I. through XXX. as though fully set forth herein in their entirety. XXXII. This cause of action is brought pursuant to 42 U.S.C. *1983, et seq., which confers upon any citizen the right to commence legal action against any person who, under color of any statute, ordinance, regulation, or custom of any state, deprives the citizen of any rights, privileges, or immunities preserved by the United States Constitution and laws. This Court has jurisdiction pursuant to 42 U.S.C. §1983. 9 XXxffII. That the Plaintiffs -Petitioners had a constitutionally protected right to a rezoning of the subject property in a manner consistent with the law and local municipal policy. XXxIV. As set forth in particularity in the foregoing paragraphs, Defendant -Respondent by its actions taken under color or pretext of state law and city ordinance, deprived the Plaintiffs - Petitioners of their rights, privileges and immunities guaranteed by the United States Constitution and laws, and pertinent state constitution and laws. XXXV. As a direct and proximate result thereof, Plaintiffs -Petitioners have suffered irreparable harm, costs and attorneys fees in excess of $50,000.00 or as may be proven at the time of trial. THIRD CAUSE OF ACTION MANDAMUS XXXVI. Plaintiffs -Petitioners reallege paragraphs I through XXXV as though fully set forth herein in their entirety. XXXVII. This Verified Petition for Alternative Writ of Mandamus is brought pursuant to Minn. Stat. §585.01, et seq., for an Order directing the City of Mendota Heights, Dakota County, Minnesota, a municipal corporation, to rezone the subject property from R-1, R -1A and R - 1B (all one -family residential districts) to MR -PUD and HR -PUD (medium density residential planned unit development and high density planned unit development, respectively). 10 XXxffII. That the Plaintiffs -Petitioners had a constitutionally protected right to a rezoning of the subject property in a manner consistent with the law and local municipal policy. XXxIV. As set forth in particularity in the foregoing paragraphs, Defendant -Respondent by its actions taken under color or pretext of state law and city ordinance, deprived the Plaintiffs - Petitioners of their rights, privileges and immunities guaranteed by the United States Constitution and laws, and pertinent state constitution and laws. XXXV. As a direct and proximate result thereof, Plaintiffs -Petitioners have suffered irreparable harm, costs and attorneys fees in excess of $50,000.00 or as may be proven at the time of trial. THIRD CAUSE OF ACTION MANDAMUS XXXVI. Plaintiffs -Petitioners reallege paragraphs I through XXXV as though fully set forth herein in their entirety. XXXVII. This Verified Petition for Alternative Writ of Mandamus is brought pursuant to Minn. Stat. §585.01, et seq., for an Order directing the City of Mendota Heights, Dakota County, Minnesota, a municipal corporation, to rezone the subject property from R-1, R -1A and R - 1B (all one -family residential districts) to MR -PUD and HR -PUD (medium density residential planned unit development and high density planned unit development, respectively). 10 XXXVIII. Pursuant to Minnesota Statutes, and city ordinances, the City has a legally duty to approve those rezoning applications which comply with all applicable criteria established by statute and ordinance. XIL. As set forth above, the rezoning application which is the subject of this litigation did satisfy all criteria established by statute and ordinance. Furthermore, those reasons given by the one councilmember who voted against the rezone application were neither legally sufficient nor factually supported and, therefore, did not constitute a rationale basis for denial of the rezoning application. The other councilmember who passed, gave no reasons for his failure to vote that were either legally sufficient or factually supported and obviously lack a rationale basis. XL. The failure of the City to comply with its legal duty constitutes a public wrong specifically injurious to Plaintiffs -Petitioners herein and the general public. XLI. Plaintiffs -Petitioners have no plain, speedy and adequate remedy in the ordinary course of law for Defendant -Respondents failure to grant the rezoning application. WHEREFORE, Plaintiffs -Petitioners pray for judgment against Defendant -Respondent as follows: 1) Declaring and adjudging that Defendant -Respondent's failure to approve Plaintiffs -Petitioners' application for rezoning from R-1, R -1A and R -1B to MR -PUD and HR -PUD was unreasonable, arbitrary and capricious and without rational basis. 11 XXXVIII. Pursuant to Minnesota Statutes, and city ordinances, the City has a legally duty to approve those rezoning applications which comply with all applicable criteria established by statute and ordinance. XIL. As set forth above, the rezoning application which is the subject of this litigation did satisfy all criteria established by statute and ordinance. Furthermore, those reasons given by the one councilmember who voted against the rezone application were neither legally sufficient nor factually supported and, therefore, did not constitute a rationale basis for denial of the rezoning application. The other councilmember who passed, gave no reasons for his failure to vote that were either legally sufficient or factually supported and obviously lack a rationale basis. XL. The failure of the City to comply with its legal duty constitutes a public wrong specifically injurious to Plaintiffs -Petitioners herein and the general public. XLI. Plaintiffs -Petitioners have no plain, speedy and adequate remedy in the ordinary course of law for Defendant -Respondents failure to grant the rezoning application. WHEREFORE, Plaintiffs -Petitioners pray for judgment against Defendant -Respondent as follows: 1) Declaring and adjudging that Defendant -Respondent's failure to approve Plaintiffs -Petitioners' application for rezoning from R-1, R -1A and R -1B to MR -PUD and HR -PUD was unreasonable, arbitrary and capricious and without rational basis. 11 2) That a writ of mandamus issue compelling Defendant -Respondent to approve Plaintiffs -Petitioners' application for rezoning from R-1, R -1A and R -1B to MR -PUD and HR -PUD. 3) Awarding Plaintiffs -Petitioners' damages against Defendant -Respondent in excess of $50,000.00 or as may be proven at the time of trial. 4) Awarding Plaintiffs -Petitioners' their costs and disbursements herein including reasonable attorneys' fees pursuant to 42 U.S.C. §1983, et seq. 5) For such other and further relief as the Court deems just and equitable. Dated this 26th day of December, 1990. BANNIGAN & KELLY, P.A. Banco ttorney No. 4546 9 Midwest Federa uilding 50 E. 5th Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Plaintiffs -Petitioners ACKNOWLEDGMENT REQUIRED BY MINN. STAT. *549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Cou ,.741,AVA04- ohn F. Banmgan, 12 2) That a writ of mandamus issue compelling Defendant -Respondent to approve Plaintiffs -Petitioners' application for rezoning from R-1, R -1A and R -1B to MR -PUD and HR -PUD. 3) Awarding Plaintiffs -Petitioners' damages against Defendant -Respondent in excess of $50,000.00 or as may be proven at the time of trial. 4) Awarding Plaintiffs -Petitioners' their costs and disbursements herein including reasonable attorneys' fees pursuant to 42 U.S.C. §1983, et seq. 5) For such other and further relief as the Court deems just and equitable. Dated this 26th day of December, 1990. BANNIGAN & KELLY, P.A. Banco ttorney No. 4546 9 Midwest Federa uilding 50 E. 5th Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Plaintiffs -Petitioners ACKNOWLEDGMENT REQUIRED BY MINN. STAT. *549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Cou ,.741,AVA04- ohn F. Banmgan, 12 VERIFICATION STATE OF MINNESOTA ) ) ss COMITY OF RAMSEY ) Thomas M. Boyce, being first duly sworn, upon oath, deposes and says that he is the President of the Minnesota division of Plaintiff -Petitioner, Centex, in the above -entitled action; and that be has read the foregoing Verified Complaint for Declaratory Judgment, Alternative Writ of Mandamus, and Other Matters and that the same is true of his own knowledge, except as to the matters therein stated on information and belief and as to such matters, he believes them to be true, Subscribed and sworn to before me r. this a7 day ofe_Q 6 ff 1990. STATE OF MThIlsTESOTA COUNTY OF RAMSEY ) ss MAFIY JANE WEBER NOTARY PUBLIC - MINNESOTA ywmmaMlexpires Richard A. Putnam, being first duly sworn, upon oath, deposes and says that he is the President of Plaintiff -Petitioner, Tandem Corporation, in the above -entitled action; and that he has read the foregoing Verified Complaint for Declaratory Tudgment, Alternative Writ of Mandamus, and Other Matters and that the same is true of his own knowledge, except as to the matters therein stated an information and belief and as to such matters, he believes them to be true, Subscribed and swojn to before me Pfri {ger , 1990, this 7.day of 13 NOTARY PUBLIC - MIE NNESOTA HENNEPIN COUNTY My commtaeton owcp1roo 0130/93 VERIFICATION STATE OF MINNESOTA ) ) ss COMITY OF RAMSEY ) Thomas M. Boyce, being first duly sworn, upon oath, deposes and says that he is the President of the Minnesota division of Plaintiff -Petitioner, Centex, in the above -entitled action; and that be has read the foregoing Verified Complaint for Declaratory Judgment, Alternative Writ of Mandamus, and Other Matters and that the same is true of his own knowledge, except as to the matters therein stated on information and belief and as to such matters, he believes them to be true, Subscribed and sworn to before me r. this a7 day ofe_Q 6 ff 1990. STATE OF MThIlsTESOTA COUNTY OF RAMSEY ) ss MAFIY JANE WEBER NOTARY PUBLIC - MINNESOTA ywmmaMlexpires Richard A. Putnam, being first duly sworn, upon oath, deposes and says that he is the President of Plaintiff -Petitioner, Tandem Corporation, in the above -entitled action; and that he has read the foregoing Verified Complaint for Declaratory Tudgment, Alternative Writ of Mandamus, and Other Matters and that the same is true of his own knowledge, except as to the matters therein stated an information and belief and as to such matters, he believes them to be true, Subscribed and swojn to before me Pfri {ger , 1990, this 7.day of 13 NOTARY PUBLIC - MIE NNESOTA HENNEPIN COUNTY My commtaeton owcp1roo 0130/93 0 SATHRE BERGQUIST, INC. co 150 SOUTH BROADWAY WAYZATA, MN 55391 (612) 476-6000 FAX 476-0104 March 5, 1989 KENSINGTON PARK CENTEX - MENDOTA HEIGHTS That part of the Southeast Quarter of Section 36, Township 28 North, Range 23 West, Dakota County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter; thence North 00 degrees 12 minutes 37 seconds Nest, bearing assumed, along the east line of said Southeast Quarter, a distance of 721.62 feet to a point on a line parallel with and 103.40 feet southerly of, as measured perpendicular to the north line of the south 50 rods of the South Halt' of said Southeast Quarter and the point of beginning of the land to be described; thence North 00 degrees 12 minutes 37 seconds West, continuing along said east line of the Southeast Quarter, a distance of 451.79 feet; thence South 84 degrees 52 minutes 58 seconds West, a distance of 364.29 feet to a point on a line parallel with and 362.95 feet westerly of, as measured perpendicular to, said east line of the Southeast Quarter; thence North 00 degrees 12 minutes 37 seconds West, along said parallel line, a distance of 287.00 feet; thence North 80 degrees 49 minutes 39 seconds East, a distance 367.44 feet to said east line of the Southeast Quarter; thence North 00 -degrees 12 minutes 37 seconds West, along said east line of the Southeast Quarter, distance of 327.49 feet to the north line of the South 30 rods of the North Half of said Southeast Quarter; thence South 89 degrees 22 minutes 52 seconds West, along said north line of the South 30 rods, a distance of 1611.37 feet; thence South 00 degrees 12 minutes 37 seconds Ft, parallel with said east line of the Southeast Quarter, a distance of 988.46 feet to said north line of the South 50 rods of the South Half of said Southeast Quarter; thence North 89 degrees 24 minutes 31 seconds Pact, along said north line of the South 50 rods, a distance of 138.51 feet; thence South 20 degrees 16 minutes 08 seconds East, a distance of 109.80 feet to a line parallel with and 103.40 feet southerly of, as measured perpendicular to, said north line of the South 50 rods; thence north 89 degrees 24 minutes 31 seconds East, along said parallel line, a distance of 1435.19 feet to the point of beginning. Subject to easements, restrictions, and reservations of record, if any. EXCEPT that part embraced within the plat of HAMPSHIRE ESTATES, according to the recorded plat thereof. Outlot A, HAMPSHIRE ESTATES, according to the recorded plat thereof. Exhibit "A" Page. 1 0 SATHRE BERGQUIST, INC. co 150 SOUTH BROADWAY WAYZATA, MN 55391 (612) 476-6000 FAX 476-0104 March 5, 1989 KENSINGTON PARK CENTEX - MENDOTA HEIGHTS That part of the Southeast Quarter of Section 36, Township 28 North, Range 23 West, Dakota County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter; thence North 00 degrees 12 minutes 37 seconds Nest, bearing assumed, along the east line of said Southeast Quarter, a distance of 721.62 feet to a point on a line parallel with and 103.40 feet southerly of, as measured perpendicular to the north line of the south 50 rods of the South Halt' of said Southeast Quarter and the point of beginning of the land to be described; thence North 00 degrees 12 minutes 37 seconds West, continuing along said east line of the Southeast Quarter, a distance of 451.79 feet; thence South 84 degrees 52 minutes 58 seconds West, a distance of 364.29 feet to a point on a line parallel with and 362.95 feet westerly of, as measured perpendicular to, said east line of the Southeast Quarter; thence North 00 degrees 12 minutes 37 seconds West, along said parallel line, a distance of 287.00 feet; thence North 80 degrees 49 minutes 39 seconds East, a distance 367.44 feet to said east line of the Southeast Quarter; thence North 00 -degrees 12 minutes 37 seconds West, along said east line of the Southeast Quarter, distance of 327.49 feet to the north line of the South 30 rods of the North Half of said Southeast Quarter; thence South 89 degrees 22 minutes 52 seconds West, along said north line of the South 30 rods, a distance of 1611.37 feet; thence South 00 degrees 12 minutes 37 seconds Ft, parallel with said east line of the Southeast Quarter, a distance of 988.46 feet to said north line of the South 50 rods of the South Half of said Southeast Quarter; thence North 89 degrees 24 minutes 31 seconds Pact, along said north line of the South 50 rods, a distance of 138.51 feet; thence South 20 degrees 16 minutes 08 seconds East, a distance of 109.80 feet to a line parallel with and 103.40 feet southerly of, as measured perpendicular to, said north line of the South 50 rods; thence north 89 degrees 24 minutes 31 seconds East, along said parallel line, a distance of 1435.19 feet to the point of beginning. Subject to easements, restrictions, and reservations of record, if any. EXCEPT that part embraced within the plat of HAMPSHIRE ESTATES, according to the recorded plat thereof. Outlot A, HAMPSHIRE ESTATES, according to the recorded plat thereof. Exhibit "A" Page. 1 That part of the South 1815.00 feet of the Southeast Quarter of Section 36, Township 28, Range 23 which lies westerly and southwesterly of a line described as follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 24 minutes 06 seconds West, assumed basis for bearings, 1097.00 feet along the south line of said Southeast Quarter; thence North 0 degrees 35 minutes 54 seconds West 395.50 feet; thence North 74 degrees 48 minutes 54 seconds, West 252.00 feet; thence North 20 degrees 14 minutes 55 seconds West 383.28 feet to the north line of the South 825.00 feet of said Southeast Quarter; thence South 89 degrees 24 minutes 06 seconds West 130.07 feet along said north line to the east line of the West '1032.56 feet of said Southeast Quarter; thence North 0 degrees 27 minutes 53 seconds West 990.00 feet along said east line to the north line of the South 1815.00 feet of said Southeast Quarter and said line there terminating. EXCEPT that part of said 1815.00 feet which lies within the right-of-way of Interstate Highway No. 494 as established by MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-57, on file or record in the office of the County Recorder, Dakota County, Minnesota. That part of the "East Half of the Southwest Quarter of Section 36, Township 28, Range 23, which lies easterly of the plat of KENSINGTON P.U.D. according to the recorded plat thereof and which lies southerly of the westerly extension of a line drawn 40.00 feet south of and - parallel with the north line of the South 1815.00 feet of the Southeast Quarter of said Section 36. EXL;h11 that part of the East Half of the Southwest Quarter as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-56, on file and of record in the office of the County Recorder, Dakota County, Minnesota. Paste 2 That part of the South 1815.00 feet of the Southeast Quarter of Section 36, Township 28, Range 23 which lies westerly and southwesterly of a line described as follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 24 minutes 06 seconds West, assumed basis for bearings, 1097.00 feet along the south line of said Southeast Quarter; thence North 0 degrees 35 minutes 54 seconds West 395.50 feet; thence North 74 degrees 48 minutes 54 seconds, West 252.00 feet; thence North 20 degrees 14 minutes 55 seconds West 383.28 feet to the north line of the South 825.00 feet of said Southeast Quarter; thence South 89 degrees 24 minutes 06 seconds West 130.07 feet along said north line to the east line of the West '1032.56 feet of said Southeast Quarter; thence North 0 degrees 27 minutes 53 seconds West 990.00 feet along said east line to the north line of the South 1815.00 feet of said Southeast Quarter and said line there terminating. EXCEPT that part of said 1815.00 feet which lies within the right-of-way of Interstate Highway No. 494 as established by MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-57, on file or record in the office of the County Recorder, Dakota County, Minnesota. That part of the "East Half of the Southwest Quarter of Section 36, Township 28, Range 23, which lies easterly of the plat of KENSINGTON P.U.D. according to the recorded plat thereof and which lies southerly of the westerly extension of a line drawn 40.00 feet south of and - parallel with the north line of the South 1815.00 feet of the Southeast Quarter of said Section 36. EXL;h11 that part of the East Half of the Southwest Quarter as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-56, on file and of record in the office of the County Recorder, Dakota County, Minnesota. Paste 2 Case Type: 10 Other Civil: Declaratory Judgment STATE OF MINNESOTA COUNTY OF DAKOTA CENTEX REAL ESTATE CORPORATION, a Nevada corporation, doing business as CENTEX HOMES, and TANDEM CORPORATION, a Minnesota corporation, Plaintiffs -Petitioners, vs. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: INTERROGATORIES TO. DEFENDANT -RESPONDENT THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, Defendant -Respondent. TO: Defendant -Respondent and its Attorney. Plaintiffs -Petitioners above named demand that Defendant -Respondent answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure for the District Courts of the State of Minnesota, within the time limits set forth therein. DEFINITIONS AND INSTRUCTIONS Certain words used in these interrogatories have the meaning ascribed to them below, namely: 1) 'Documents" shall have the meaning set forth in Rule 34.01 of the Minnesota Rules of Civil Procedure (MRCP), and which now are or ever were in the possession, custody or control of Defendant -Respondent. Case Type: 10 Other Civil: Declaratory Judgment STATE OF MINNESOTA COUNTY OF DAKOTA CENTEX REAL ESTATE CORPORATION, a Nevada corporation, doing business as CENTEX HOMES, and TANDEM CORPORATION, a Minnesota corporation, Plaintiffs -Petitioners, vs. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: INTERROGATORIES TO. DEFENDANT -RESPONDENT THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, Defendant -Respondent. TO: Defendant -Respondent and its Attorney. Plaintiffs -Petitioners above named demand that Defendant -Respondent answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure for the District Courts of the State of Minnesota, within the time limits set forth therein. DEFINITIONS AND INSTRUCTIONS Certain words used in these interrogatories have the meaning ascribed to them below, namely: 1) 'Documents" shall have the meaning set forth in Rule 34.01 of the Minnesota Rules of Civil Procedure (MRCP), and which now are or ever were in the possession, custody or control of Defendant -Respondent. 2) "Identify" means, with respect to a natural person, to set forth that person's full name and, on the first occasion that such person is identified, the following information: a. Present or last known residence address; b. Present or last known business address; c. Present or last known employer; and d. Present or last known job title. 3) "Identify" means, with respect to any entity other than a natural person, to set forth the full name or title of the entity and, on the first occasion that such entity is identified, to state the address and principal business or activity of such entity. 4) "Identify" means (regardless of whether any claim of privilege is asserted), with respect to a document, to set forth the following information, subject to the option to produce business records as provided by Rule 33.03 of MRCP: a. Its nature (e.g., letter, memoranda, report, etc.); b. The date it bears or, if undated, the date it was written or created; c. The identity of the person(s) who received it; d. Its file number or any identifying mark or code; e. Its general subject matter; f. Its present or last known location and custodian; g. In all cases where Defendant -Respondent opts to specify documents under Rule 33.03, it may supply fully legible copies of such documents in lieu of such specification. This permission, however, shall in no way prejudice Plaintiffs -Petitioners' right to request production of all documents pursuant to Rule 34 MRCP. If any document was, but no longer is, in Defendant -Respondent's possession, custody, or control, state whether it has been lost, missing, 2 2) "Identify" means, with respect to a natural person, to set forth that person's full name and, on the first occasion that such person is identified, the following information: a. Present or last known residence address; b. Present or last known business address; c. Present or last known employer; and d. Present or last known job title. 3) "Identify" means, with respect to any entity other than a natural person, to set forth the full name or title of the entity and, on the first occasion that such entity is identified, to state the address and principal business or activity of such entity. 4) "Identify" means (regardless of whether any claim of privilege is asserted), with respect to a document, to set forth the following information, subject to the option to produce business records as provided by Rule 33.03 of MRCP: a. Its nature (e.g., letter, memoranda, report, etc.); b. The date it bears or, if undated, the date it was written or created; c. The identity of the person(s) who received it; d. Its file number or any identifying mark or code; e. Its general subject matter; f. Its present or last known location and custodian; g. In all cases where Defendant -Respondent opts to specify documents under Rule 33.03, it may supply fully legible copies of such documents in lieu of such specification. This permission, however, shall in no way prejudice Plaintiffs -Petitioners' right to request production of all documents pursuant to Rule 34 MRCP. If any document was, but no longer is, in Defendant -Respondent's possession, custody, or control, state whether it has been lost, missing, 2 destroyed, transferred or otherwise disposed of; and in each instance, explain the circumstances surrounding the disposition thereof and the date it occurred. 5) "Identify" means, with respect to an oral communication or other event, to set forth the following information: a. Its substance; b. The date it occurred and the time; c. The place it occurred and, if different, (as with a telephone communication), the place it was received; d. For a communication, the identity of each originator and recipient; For an event, the identity of each participant; and e. The identity of all persons present when the communication or event occurred. 6) "Identify" means with respect to an oral agreement, to set forth the following information: a. The date the agreement was entered into; b. The place the agreement was entered into; and if the agreement was made over the telephone, the place the call was made from and the place it was received; c. The identity of all persons present when the agreement was made; and d. The terms of the agreement. 7) Objections shall state with particularity the grounds for the objection and may be served as part of the document containing the answers or separately within the time limit set forth in MRCP. In the event a claim of privilege is asserted to an interrogatory, you are instructed to identify each document in which a privilege is asserted pursuant to No. 4 above; r and with respect to each oral communication you are instructed to identify the following 3 destroyed, transferred or otherwise disposed of; and in each instance, explain the circumstances surrounding the disposition thereof and the date it occurred. 5) "Identify" means, with respect to an oral communication or other event, to set forth the following information: a. Its substance; b. The date it occurred and the time; c. The place it occurred and, if different, (as with a telephone communication), the place it was received; d. For a communication, the identity of each originator and recipient; For an event, the identity of each participant; and e. The identity of all persons present when the communication or event occurred. 6) "Identify" means with respect to an oral agreement, to set forth the following information: a. The date the agreement was entered into; b. The place the agreement was entered into; and if the agreement was made over the telephone, the place the call was made from and the place it was received; c. The identity of all persons present when the agreement was made; and d. The terms of the agreement. 7) Objections shall state with particularity the grounds for the objection and may be served as part of the document containing the answers or separately within the time limit set forth in MRCP. In the event a claim of privilege is asserted to an interrogatory, you are instructed to identify each document in which a privilege is asserted pursuant to No. 4 above; r and with respect to each oral communication you are instructed to identify the following 3 information: a. The general subject of the conversation without disclosing the alleged privileged communication; b. The date it occurred and the time; c. The place it occurred; d. The identity of each originator and recipient; for an event, the identity of each participant; and e. The identity of all persons present when the communication or event occurred. INTERROGATORIES 1. Identify all persons who prepared or assisted in the preparation of the answers to these interrogatories, stating with particularity the answers which each person prepared, answered or assisted in answering. 2. Identify each expert witness who this answering Defendant-Respondent plans to offer as a witness in the above-entitled proceedings. 3. Specify in detail the professional qualifications of each person identified in answer to Interrogatory No. 2. 4. Disclose the subject matter on which each expert witness identified in your answer to Interrogatory No. 2 is expected to testify. 5. State the substance of the facts and opinions to which each person identified in your answer to Interrogatory No. 2 is expected to testify. 6. Provide a summary of the grounds for each opinion which each expert witness identified in your answer to Interrogatory No. 2 is expected to testify. 4 information: a. The general subject of the conversation without disclosing the alleged privileged communication; b. The date it occurred and the time; c. The place it occurred; d. The identity of each originator and recipient; for an event, the identity of each participant; and e. The identity of all persons present when the communication or event occurred. INTERROGATORIES 1. Identify all persons who prepared or assisted in the preparation of the answers to these interrogatories, stating with particularity the answers which each person prepared, answered or assisted in answering. 2. Identify each expert witness who this answering Defendant-Respondent plans to offer as a witness in the above-entitled proceedings. 3. Specify in detail the professional qualifications of each person identified in answer to Interrogatory No. 2. 4. Disclose the subject matter on which each expert witness identified in your answer to Interrogatory No. 2 is expected to testify. 5. State the substance of the facts and opinions to which each person identified in your answer to Interrogatory No. 2 is expected to testify. 6. Provide a summary of the grounds for each opinion which each expert witness identified in your answer to Interrogatory No. 2 is expected to testify. 4 IsS 7. Identify all documents, data and information, whether consistent or inconsistent with the opinions given in response to the above interrogatory, which were considered by each expert witness identified in your answer to Interrogatory No. 2 in rendering his/her opinion. 8. Identify each person or expert witness consulted by you or your attorneys whom you do not anticipate you will call as a witness in these proceedings. 9. Identify each and every other person known to Defendant -Respondent who may be called by said Defendant -Respondent as a witness on behalf of Defendant -Respondent in the trial hereof. 10. Identify each document Defendant -Respondent may offer into evidence at the trial hereof. 11. State whether council person Carl W. Cummins, III, gave any reasons "on the record" prior to adjournment of the August 7, 1990, city council meeting explaining his failure to vote on Plaintiffs' -Petitioners' rezoning application. 12. If Interrogatory No. 11 is answered in the affirmative, state the reasons given by Councilperson Cummins. 13. ' State whether Plaintiffs' -Petitioners' proposal met all Defendant -Respondent's PUD requirements. 14. If Interrogatory No. 13 is answered in the negative, identify with specificity each and every instance where Plaintiffs' -Petitioners' proposal failed to meet Defendant - Respondent's PUD requirements. 15. State whether Plaintiffs' -Petitioners' proposal was consistent with Defendant - Respondent's comprehensive land use plan pertaining to the subject property. 5 IsS 7. Identify all documents, data and information, whether consistent or inconsistent with the opinions given in response to the above interrogatory, which were considered by each expert witness identified in your answer to Interrogatory No. 2 in rendering his/her opinion. 8. Identify each person or expert witness consulted by you or your attorneys whom you do not anticipate you will call as a witness in these proceedings. 9. Identify each and every other person known to Defendant -Respondent who may be called by said Defendant -Respondent as a witness on behalf of Defendant -Respondent in the trial hereof. 10. Identify each document Defendant -Respondent may offer into evidence at the trial hereof. 11. State whether council person Carl W. Cummins, III, gave any reasons "on the record" prior to adjournment of the August 7, 1990, city council meeting explaining his failure to vote on Plaintiffs' -Petitioners' rezoning application. 12. If Interrogatory No. 11 is answered in the affirmative, state the reasons given by Councilperson Cummins. 13. ' State whether Plaintiffs' -Petitioners' proposal met all Defendant -Respondent's PUD requirements. 14. If Interrogatory No. 13 is answered in the negative, identify with specificity each and every instance where Plaintiffs' -Petitioners' proposal failed to meet Defendant - Respondent's PUD requirements. 15. State whether Plaintiffs' -Petitioners' proposal was consistent with Defendant - Respondent's comprehensive land use plan pertaining to the subject property. 5 16. If Interrogatory No. 15 is answered in the negative, identify with specificity each element of inconsistency, citing specific passages Defendant -Respondent's comprehensive land use plan as the basis therefor. 17. State whether Defendant -Respondent contends that Plaintiffs -Petitioners have failed to exhaust all their remedies before Defendant -Respondent as envisioned in Minn. Stat. §462.361, subd. 2 thereof, as amended. 18. If Interrogatory No. 17 is answered in the affirmative, identify with specificity the remedies available to Plaintiffs -Petitioners which they have yet to exhaust, citing statutory and/or ordinance authority therefor. 19. State with specificity the rational basis for Defendant -Respondent's failure to approve Plaintiffs' -Petitioners' proposal. 20. Identify the factual basis "in the record" supporting Defendant -Respondent's failure to approve Plaintiffs' -Petitioners' proposal. 21. State whether Defendant -Respondent intends to go beyond "the record" in order to supplement and/or provide a rational and/or factual basis for its failure to approve Plaintiffs' -Petitioners' proposal. Dated thisG day of December, 1990. BANNIGAN &j LAY, P.A. /,moi'•! n F. Banni_a'!J'. torney No. 4546 409 Midwest Federal Building 50 E. 5th Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Plaintiffs -Petitioners 6 16. If Interrogatory No. 15 is answered in the negative, identify with specificity each element of inconsistency, citing specific passages Defendant -Respondent's comprehensive land use plan as the basis therefor. 17. State whether Defendant -Respondent contends that Plaintiffs -Petitioners have failed to exhaust all their remedies before Defendant -Respondent as envisioned in Minn. Stat. §462.361, subd. 2 thereof, as amended. 18. If Interrogatory No. 17 is answered in the affirmative, identify with specificity the remedies available to Plaintiffs -Petitioners which they have yet to exhaust, citing statutory and/or ordinance authority therefor. 19. State with specificity the rational basis for Defendant -Respondent's failure to approve Plaintiffs' -Petitioners' proposal. 20. Identify the factual basis "in the record" supporting Defendant -Respondent's failure to approve Plaintiffs' -Petitioners' proposal. 21. State whether Defendant -Respondent intends to go beyond "the record" in order to supplement and/or provide a rational and/or factual basis for its failure to approve Plaintiffs' -Petitioners' proposal. Dated thisG day of December, 1990. BANNIGAN &j LAY, P.A. /,moi'•! n F. Banni_a'!J'. torney No. 4546 409 Midwest Federal Building 50 E. 5th Street St. Paul, MN 55101 (612) 224-3781 Attorneys for Plaintiffs -Petitioners 6 ACKNOWLEDGMENT REQUIRED BY MINN. STAT. §549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Court. 7 ACKNOWLEDGMENT REQUIRED BY MINN. STAT. §549.21, SUBD. 2 The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.21, Subd. 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass or committed a fraud upon the Court. 7 Mendota Heights Police Department MEMDBANUM 28 December, 1990 TO: Mayor and City Co}incil City Admini FROM: Chief of Police SUBJECT: Donation to Police Department INTRODUCTIOIQ The Police Department recently accepted the donation of a video camera and accessories from the Aetna Insurance Company and Mothers Against Drunken Driving. The primary purpose of the gift is to enhance our efforts in DUI enforcement. The camera will be mounted in a primary squad and used to record the activities of suspected drunk drivers from the point of initial contact to arrest. JISTORY Aetna Insurance started their "Eye on DWI" program in 1988 when they donated video equipment to the Houston, Texas Police Department. They have since crossed the country and have invested over $1,000,000 in providing similar equipment to departments that were nominated by MADD chapters. We were nominated because of our close relationship with the Minnesota, Tri -County and Dakota County chapters of MADD, and because of our vigorous record of DWI enforcement (12 arrests in 1988, 51 in 1989, and 118 in 1990). DISCUSSION The attached materials will partially explain the program and I have a 90 second video Public Service Announcement that will show the cameras in operation. The camera equipment also provides the benefit of flexibility and can be used to document other arrests and crime scenes and will serve as an excellent training tool for the officers. JECOMMENDATION That council acknowledge the generosity of Aetna and MADD in making this valuable equipment available to our Department. Mendota Heights Police Department MEMDBANUM 28 December, 1990 TO: Mayor and City Co}incil City Admini FROM: Chief of Police SUBJECT: Donation to Police Department INTRODUCTIOIQ The Police Department recently accepted the donation of a video camera and accessories from the Aetna Insurance Company and Mothers Against Drunken Driving. The primary purpose of the gift is to enhance our efforts in DUI enforcement. The camera will be mounted in a primary squad and used to record the activities of suspected drunk drivers from the point of initial contact to arrest. JISTORY Aetna Insurance started their "Eye on DWI" program in 1988 when they donated video equipment to the Houston, Texas Police Department. They have since crossed the country and have invested over $1,000,000 in providing similar equipment to departments that were nominated by MADD chapters. We were nominated because of our close relationship with the Minnesota, Tri -County and Dakota County chapters of MADD, and because of our vigorous record of DWI enforcement (12 arrests in 1988, 51 in 1989, and 118 in 1990). DISCUSSION The attached materials will partially explain the program and I have a 90 second video Public Service Announcement that will show the cameras in operation. The camera equipment also provides the benefit of flexibility and can be used to document other arrests and crime scenes and will serve as an excellent training tool for the officers. JECOMMENDATION That council acknowledge the generosity of Aetna and MADD in making this valuable equipment available to our Department. /Etna • MADD Mothers Against Drunk Driving News Release Contact: Linda Ambrose at Aetna (203) 273 - 3388 (office) (203) 724 - 0585 (home) Joel Mondshane at MADD 649-0370 (office) Aetna and MADD Help Twin City Law Enforcement Agencies Focus Their "Eye on DWI" Minneapolis, MN, December 18, 1990 -- Aetna Life & Casualty and MADD (Mothers Against Drunk Driving) Minnesota chapter, have joined forces with law enforcement agencies in the Twin Cities in a new program to crack down on drunk drivers. Through a program called "Aetna's Eye on DWI," the insurer has funded MADD's purchase of twelve Panasonic video cameras for the Minnesota State Highway Patrol; four cameras for the Minneapolis Police Department; and four cameras for suburban law enforcement agencies in the Twin Cities area. The cameras will be used over the holiday -more- /Etna • MADD Mothers Against Drunk Driving News Release Contact: Linda Ambrose at Aetna (203) 273 - 3388 (office) (203) 724 - 0585 (home) Joel Mondshane at MADD 649-0370 (office) Aetna and MADD Help Twin City Law Enforcement Agencies Focus Their "Eye on DWI" Minneapolis, MN, December 18, 1990 -- Aetna Life & Casualty and MADD (Mothers Against Drunk Driving) Minnesota chapter, have joined forces with law enforcement agencies in the Twin Cities in a new program to crack down on drunk drivers. Through a program called "Aetna's Eye on DWI," the insurer has funded MADD's purchase of twelve Panasonic video cameras for the Minnesota State Highway Patrol; four cameras for the Minneapolis Police Department; and four cameras for suburban law enforcement agencies in the Twin Cities area. The cameras will be used over the holiday -more- Aetna/MADD 2-2-2 season and beyond by law enforcement officers to record on - and off -the -road encounters with drivers suspected of being under the influence of alcohol and other drugs. "In 1989, there were 6,877 alcohol-related injuries and 275 alcohol-related deaths in Minnesota," said Jeff Jensen, president of Hennepin County MADD. "I can't think of a better time of year to redouble our efforts to rid society of this problem than over this holiday season, when so many people choose to celebrate with alcohol and then drive." Don Erwin, General Manager of Aetna's Personal Financial Security Division in Minnesota, said, "Every Minnesota citizen pays a high price for drunk drivers. That price is human tragedy, crashes and higher insurance costs." He continued, "We're investing in the 'Aetna's Eye on DWI' program because we believe it will help bolster police efforts to get impaired drivers off the road." Breath or blood testing is the predominant method used to - more - Aetna/MADD 2-2-2 season and beyond by law enforcement officers to record on - and off -the -road encounters with drivers suspected of being under the influence of alcohol and other drugs. "In 1989, there were 6,877 alcohol-related injuries and 275 alcohol-related deaths in Minnesota," said Jeff Jensen, president of Hennepin County MADD. "I can't think of a better time of year to redouble our efforts to rid society of this problem than over this holiday season, when so many people choose to celebrate with alcohol and then drive." Don Erwin, General Manager of Aetna's Personal Financial Security Division in Minnesota, said, "Every Minnesota citizen pays a high price for drunk drivers. That price is human tragedy, crashes and higher insurance costs." He continued, "We're investing in the 'Aetna's Eye on DWI' program because we believe it will help bolster police efforts to get impaired drivers off the road." Breath or blood testing is the predominant method used to - more - Aetna/MADD 3-3-3 determine whether a person's blood alcohol content exceeds the legal limit. However, police increasingly are relying on new forms of evidence to show the "impairment of one's normal mental and physical faculties" required by law for conviction in DWI cases. Jensen explained, "Video cameras will provide critical evidence needed to convict drunk drivers. We also expect this new form of evidence to help reduce the backlog of court cases." Every year in America drunk drivers cause more than 23,000 deaths, 43,000 serious injuries and an estimated $16 billion in overall economic losses. "It's time to end this carnage," said Aetna's Erwin. "We're confident that 'Aetna's Eye on DWI' and the dedication of MADD Minnesota, the Minneapolis Police Department and Minnesota State Highway Patrol will help eliminate the scourge of the drunk driver," concluded Aetna's Erwin. -30- Aetna/MADD 3-3-3 determine whether a person's blood alcohol content exceeds the legal limit. However, police increasingly are relying on new forms of evidence to show the "impairment of one's normal mental and physical faculties" required by law for conviction in DWI cases. Jensen explained, "Video cameras will provide critical evidence needed to convict drunk drivers. We also expect this new form of evidence to help reduce the backlog of court cases." Every year in America drunk drivers cause more than 23,000 deaths, 43,000 serious injuries and an estimated $16 billion in overall economic losses. "It's time to end this carnage," said Aetna's Erwin. "We're confident that 'Aetna's Eye on DWI' and the dedication of MADD Minnesota, the Minneapolis Police Department and Minnesota State Highway Patrol will help eliminate the scourge of the drunk driver," concluded Aetna's Erwin. -30- CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Adminis SUBJECT: Designation of Health Officer for 1991 December 27, 1990 DISCUSSION a Dr. Thaddeus Chao has once again o€ered to serve, without compensation, as the City's Health Officer for 199 . �. ngo; na d i es --as the--C=ty'-s—Hea-1 Lh Off.icer—are--min i ,l7 rr r ��,,,,L,_.�,a,,,".�n��9�-0—B�—Ghao--ad�tt-rrl-i-s't-e-re� T-�-�=r�r�oe�a�ica�•s--to a171--i-nterested—publ ii fet }nnplQyees . C RECOMMENDATION D ‘i`° '678 Z It is my recommendation that the City appoint Dr. Thaddeus Chao as the City's Health Officer for 1991. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion appointing Dr. Thaddeus Chao, 783 Hokah Avenue, as the Health Officer for the City of Mendota Heights for 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Adminis SUBJECT: Designation of Health Officer for 1991 December 27, 1990 DISCUSSION a Dr. Thaddeus Chao has once again o€ered to serve, without compensation, as the City's Health Officer for 199 . �. ngo; na d i es --as the--C=ty'-s—Hea-1 Lh Off.icer—are--min i ,l7 rr r ��,,,,L,_.�,a,,,".�n��9�-0—B�—Ghao--ad�tt-rrl-i-s't-e-re� T-�-�=r�r�oe�a�ica�•s--to a171--i-nterested—publ ii fet }nnplQyees . C RECOMMENDATION D ‘i`° '678 Z It is my recommendation that the City appoint Dr. Thaddeus Chao as the City's Health Officer for 1991. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion appointing Dr. Thaddeus Chao, 783 Hokah Avenue, as the Health Officer for the City of Mendota Heights for 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO December 27, 1990 TO: Mayor, City Council, City Administ FROM: Kathleen M. Swanson City Clerk SUBJECT: Designation of Official Newspaper INTRODUCTION At its first meeting of the year, Council must conduct certain annual actions. One action necessary is the designation of an official City newspaper for the year. INFORMATION As of this date, we have received a request for official newspaper designation from only one paper, the West St. Paul/Mendota Heights Sun -Current. The Sun -Current, published by Minnesota Suburban Publications, has been the City's official newspaper for many years. The rates quoted for legal publications in the attached letter are in accordance with limits established by State Statutes. The Sun -Current meets statutory requirements for designation as the official newspaper. Its legal department has been good to work with, and a fax line is available to accept transmission of faxes for publication. RECOMMENDATION I recommend that Council designate the West St. Paul/Mendota Heights Sun -Current as the City's official newspaper for 1991. ACTION REQUIRED If Council concurs in the recommendation, it should pass a motion to designate the West St. Paul/Mendota Heights Sun -Current as the City's official newspaper for 1991. CITY OF MENDOTA HEIGHTS MEMO December 27, 1990 TO: Mayor, City Council, City Administ FROM: Kathleen M. Swanson City Clerk SUBJECT: Designation of Official Newspaper INTRODUCTION At its first meeting of the year, Council must conduct certain annual actions. One action necessary is the designation of an official City newspaper for the year. INFORMATION As of this date, we have received a request for official newspaper designation from only one paper, the West St. Paul/Mendota Heights Sun -Current. The Sun -Current, published by Minnesota Suburban Publications, has been the City's official newspaper for many years. The rates quoted for legal publications in the attached letter are in accordance with limits established by State Statutes. The Sun -Current meets statutory requirements for designation as the official newspaper. Its legal department has been good to work with, and a fax line is available to accept transmission of faxes for publication. RECOMMENDATION I recommend that Council designate the West St. Paul/Mendota Heights Sun -Current as the City's official newspaper for 1991. ACTION REQUIRED If Council concurs in the recommendation, it should pass a motion to designate the West St. Paul/Mendota Heights Sun -Current as the City's official newspaper for 1991. 1 MINNESOTA SUBURBAN PUBLICATIONS Post Publications and Minnesota Suburban Newspapers 19 December 1990 City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Council Members: We would appreciate your designation of the West St. Paul/Mendota Heights Sun -Current to be your official newspaper for the 1991 year. Our company prides itself on home delivery of quality weekly newspapers that are timely and informative. By designating us to publish your public notices, we can best serve the residents of your city. The new rate structure for legals effective January 1, 1991 will be: 1 column width $ .62 per line - first insertion $ .34 per line - second insertion 2 column width $1.24 per line - first insertion $ .68 per line - second insertion Includes notarized affidavits on each of your publications. All legal notices should reach this office by Tuesday noon the week prior to our Wednesday publications. Please direct your publications to the attention of Meridel Hedblom, Legal Publications, MSN, 7831 East Bush Lake Road, Bloomington, MN 55439. Our fax number is 896-4818. We appreciate being considered as the official newspaper for the ensuing year and look forward to a mutually beneficial working relationship. General Manager GP:kt New Hope Office: 8801 Bass Lake Road, New Hope, MN 55428 Phone: (612) 536-7500 Bloomington Office: 7831 East Bush Lake Road, Bloomington, MN 55439 Phone (612) 896-4700 1 MINNESOTA SUBURBAN PUBLICATIONS Post Publications and Minnesota Suburban Newspapers 19 December 1990 City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Council Members: We would appreciate your designation of the West St. Paul/Mendota Heights Sun -Current to be your official newspaper for the 1991 year. Our company prides itself on home delivery of quality weekly newspapers that are timely and informative. By designating us to publish your public notices, we can best serve the residents of your city. The new rate structure for legals effective January 1, 1991 will be: 1 column width $ .62 per line - first insertion $ .34 per line - second insertion 2 column width $1.24 per line - first insertion $ .68 per line - second insertion Includes notarized affidavits on each of your publications. All legal notices should reach this office by Tuesday noon the week prior to our Wednesday publications. Please direct your publications to the attention of Meridel Hedblom, Legal Publications, MSN, 7831 East Bush Lake Road, Bloomington, MN 55439. Our fax number is 896-4818. We appreciate being considered as the official newspaper for the ensuing year and look forward to a mutually beneficial working relationship. General Manager GP:kt New Hope Office: 8801 Bass Lake Road, New Hope, MN 55428 Phone: (612) 536-7500 Bloomington Office: 7831 East Bush Lake Road, Bloomington, MN 55439 Phone (612) 896-4700 LIWE SUbURbAN NEWSPAPERS 2515 E. Seventh Avenin North St. Paul, MN 55109 (612) 777-8800 113,\'° cipc-1 December 26, 1990 Honorable Mayor Charles Martensotto and City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mayor Martensotto and Council Members: We ask that you designate the South-West Review as the legal newspaper for the City of Mendota Heights for the year of 1991. We ask that the designation be made at your first council meeting of 1991. Legal publication rates for minutes of regular and special • meetings, bids, etc., are $3.50 per column inch, $4.06 per column inch tabulated and $3.00 per column inch for each additional publication in 6 point type. Thank you for considering us for your legal newspaper. Very truly yours N. Theodore Lillie NTL/RJE:lkr Raymond J. Enright L J RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW - OAKDALE-LAKE ELMO REVIEW - NEW BRIGHTON BULLETIN - SHOREVIEW BULLETIN LI[tiE ST. ANTHONY BULLETIN - SHOPPING REVIEW - SHOPPING REVIEW EAST - ROSEVILLE REVIEW NEWS SOUTH-WEST REVIEW - WOODBURY-SOUTH MAPLEWOOD REVIEW - FRIDLEY SHOPPING BULLETIN - NORTH*SHOPPING BULLETIN LIWE SUbURbAN NEWSPAPERS 2515 E. Seventh Avenin North St. Paul, MN 55109 (612) 777-8800 113,\'° cipc-1 December 26, 1990 Honorable Mayor Charles Martensotto and City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mayor Martensotto and Council Members: We ask that you designate the South-West Review as the legal newspaper for the City of Mendota Heights for the year of 1991. We ask that the designation be made at your first council meeting of 1991. Legal publication rates for minutes of regular and special • meetings, bids, etc., are $3.50 per column inch, $4.06 per column inch tabulated and $3.00 per column inch for each additional publication in 6 point type. Thank you for considering us for your legal newspaper. Very truly yours N. Theodore Lillie NTL/RJE:lkr Raymond J. Enright L J RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW - OAKDALE-LAKE ELMO REVIEW - NEW BRIGHTON BULLETIN - SHOREVIEW BULLETIN LI[tiE ST. ANTHONY BULLETIN - SHOPPING REVIEW - SHOPPING REVIEW EAST - ROSEVILLE REVIEW NEWS SOUTH-WEST REVIEW - WOODBURY-SOUTH MAPLEWOOD REVIEW - FRIDLEY SHOPPING BULLETIN - NORTH*SHOPPING BULLETIN CITY OF NENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Admin FROM: James E. Danie Public Works D ctor December 28, 1990 and Guy Kullander Park Manager SUBJECT: Architect Selection for Mendakota Park BACKGROUND Barton-Aschman, the City's park designers are landscape architects, but do not have registered building architects with their firm. All public buildings need to be designed by a regis- tered architect, therefore the City needs to hire architects to design the structures to be built within the parks Barton-Aschman is doing the site design for. Kodet Architects were hired on Barton-Aschman's recommendation to design the comfort station at Sibley Park, it was felt that a different architect should be utilized for the Mendakota Park designs. DISCUSSION: There are three new buildings proposed for the Mendakota Park site, and at their last meeting Council directed staff to interview architects to complete the architecture necessary for these buildings. The architect selected is to prepare construc- tion drawings for a two level comfort station and for a picnic shelter for construction in 1991. The architect is also to prepare schematic design drawings for a future band shelter to make it architecturally compatible with the comfort station and picnic shelter. As was done at Sibley Park, staff intends to act as the general contractor on this project. The budget for the project is as follows: 2 Level/Comfort Station $75,000 Picnic Shelter 22,000 (originally budgeted for Kensington Park) Band Shelter Future Tom Lawell, Guy Kullander and myself interviewed two tects for the project as follows: Neil Weber, Schwartz/Weber Architects Park Buildings) Keith Sjoquist, Station 19 Architects with). archi- (Eagan's Architect for (A firm I was familiar CITY OF NENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Admin FROM: James E. Danie Public Works D ctor December 28, 1990 and Guy Kullander Park Manager SUBJECT: Architect Selection for Mendakota Park BACKGROUND Barton-Aschman, the City's park designers are landscape architects, but do not have registered building architects with their firm. All public buildings need to be designed by a regis- tered architect, therefore the City needs to hire architects to design the structures to be built within the parks Barton-Aschman is doing the site design for. Kodet Architects were hired on Barton-Aschman's recommendation to design the comfort station at Sibley Park, it was felt that a different architect should be utilized for the Mendakota Park designs. DISCUSSION: There are three new buildings proposed for the Mendakota Park site, and at their last meeting Council directed staff to interview architects to complete the architecture necessary for these buildings. The architect selected is to prepare construc- tion drawings for a two level comfort station and for a picnic shelter for construction in 1991. The architect is also to prepare schematic design drawings for a future band shelter to make it architecturally compatible with the comfort station and picnic shelter. As was done at Sibley Park, staff intends to act as the general contractor on this project. The budget for the project is as follows: 2 Level/Comfort Station $75,000 Picnic Shelter 22,000 (originally budgeted for Kensington Park) Band Shelter Future Tom Lawell, Guy Kullander and myself interviewed two tects for the project as follows: Neil Weber, Schwartz/Weber Architects Park Buildings) Keith Sjoquist, Station 19 Architects with). archi- (Eagan's Architect for (A firm I was familiar Staff was pleased with both architects in the interview however Station 19's proposed cost for services were somewhat lower than Schwartz/Weber's: Structure Proposed Costs for Services Station 19 Schwartz/Weber Comfort Station $4,500 $6,750 Picnic Shelter $2,250 $2,000* Band Shelter $ 600 $ 750 (schematic only) TOTAL FEES $7,350 $9,500 *This is an estimated cost, the architect was confused and did not bid on this item. RECOMMENDATION: We recommend that the City utilize the services of the Station 19 Architects to prepare the construction documents for an approximately 500 square foot comfort station with a two-level observation deck, an approximately 500 square foot picnic shelter and the schematic design for a future bandshelter. ACTION REQUIRED: If Council desires to implement the recommendation they should approve the selection of Station 19 Architects to do the structural design work for Mendakota Park, authorize staff to negotiate an acceptable contract for services with Station 19, and authorize the Mayor and City Clerk to execute the agreed upon contract. JED/GK:dfw Staff was pleased with both architects in the interview however Station 19's proposed cost for services were somewhat lower than Schwartz/Weber's: Structure Proposed Costs for Services Station 19 Schwartz/Weber Comfort Station $4,500 $6,750 Picnic Shelter $2,250 $2,000* Band Shelter $ 600 $ 750 (schematic only) TOTAL FEES $7,350 $9,500 *This is an estimated cost, the architect was confused and did not bid on this item. RECOMMENDATION: We recommend that the City utilize the services of the Station 19 Architects to prepare the construction documents for an approximately 500 square foot comfort station with a two-level observation deck, an approximately 500 square foot picnic shelter and the schematic design for a future bandshelter. ACTION REQUIRED: If Council desires to implement the recommendation they should approve the selection of Station 19 Architects to do the structural design work for Mendakota Park, authorize staff to negotiate an acceptable contract for services with Station 19, and authorize the Mayor and City Clerk to execute the agreed upon contract. JED/GK:dfw CITY OF MENDOTA HEIGHTS MEMO January 2, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Dakota County Legislative Breakfast DISCUSSION At our meeting held December 4, 1990, the City Council adopted the 1991 Dakota County Legislative Policy package which we annually use to educate and inform our locally elected State Legislators of issues important to our community. The initial presentation of these policies will occur on Friday, January 11, 1991, at a breakfast meeting to be held at the Rosemount American Legion beginning at 7:30 A.M. As you may recall, one of the policies for presentation involves the impact of MSP International Airport on Dakota County. The Policy includes both paths of the ongoing "dual track" process which will hopefully answer the question of whether MSP should remain in its present location and expand, or move to a new location. With our increased visibility in matters related to the airport, the City of Mendota Heights has been asked to present this Policy to the Legislators present. Early R.S.V.P.'s by Dakota County Legislators indicate a good turn out for the event. Each City is also being asked to provide a count of the number of elected officials expected to be present, and you are encouraged to attend if at all possible. ACTION REOUIRED In order that we may provide an accurate count to the _function organizers, Council should indicate to staff if they will be able to attend the Dakota County Legislative breakfast scheduled for Friday, January 11, 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO January 2, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Dakota County Legislative Breakfast DISCUSSION At our meeting held December 4, 1990, the City Council adopted the 1991 Dakota County Legislative Policy package which we annually use to educate and inform our locally elected State Legislators of issues important to our community. The initial presentation of these policies will occur on Friday, January 11, 1991, at a breakfast meeting to be held at the Rosemount American Legion beginning at 7:30 A.M. As you may recall, one of the policies for presentation involves the impact of MSP International Airport on Dakota County. The Policy includes both paths of the ongoing "dual track" process which will hopefully answer the question of whether MSP should remain in its present location and expand, or move to a new location. With our increased visibility in matters related to the airport, the City of Mendota Heights has been asked to present this Policy to the Legislators present. Early R.S.V.P.'s by Dakota County Legislators indicate a good turn out for the event. Each City is also being asked to provide a count of the number of elected officials expected to be present, and you are encouraged to attend if at all possible. ACTION REOUIRED In order that we may provide an accurate count to the _function organizers, Council should indicate to staff if they will be able to attend the Dakota County Legislative breakfast scheduled for Friday, January 11, 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO January 2, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Dakota County Legislative Breakfast DISCUSSION At our meeting held December 4, 1990, the City Council adopted the 1991 Dakota County Legislative Policy package which we annually use to educate and inform our locally elected State Legislators of issues important to our community. The initial presentation of these policies will occur on Friday, January 11, 1991, at a breakfast meeting to be held at the Rosemount American Legion beginning at 7:30 A.M. As you may recall, one of the policies for presentation involves the impact of MSP International Airport on Dakota County. The Policy includes both paths of the ongoing "dual track" process which will hopefully answer the question of whether MSP should remain in its present location and expand, or move to a new location. With our increased visibility in matters related to the airport, the City of Mendota Heights has been asked to present this Policy to the Legislators present. Early R.S.V.P.'s by Dakota County Legislators indicate a good turn out for the event. Each City is also being asked to provide a count of the number of elected officials expected to be present, and you are encouraged to attend if at all possible. ACTION REQUIRED In order that we may provide an accurate count to the function organizers, Council should indicate to staff if they will be able to attend the Dakota County Legislative breakfast scheduled for Friday, January 11, 1991. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO January 2, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Dakota County Legislative Breakfast DISCUSSION At our meeting held December 4, 1990, the City Council adopted the 1991 Dakota County Legislative Policy package which we annually use to educate and inform our locally elected State Legislators of issues important to our community. The initial presentation of these policies will occur on Friday, January 11, 1991, at a breakfast meeting to be held at the Rosemount American Legion beginning at 7:30 A.M. As you may recall, one of the policies for presentation involves the impact of MSP International Airport on Dakota County. The Policy includes both paths of the ongoing "dual track" process which will hopefully answer the question of whether MSP should remain in its present location and expand, or move to a new location. With our increased visibility in matters related to the airport, the City of Mendota Heights has been asked to present this Policy to the Legislators present. Early R.S.V.P.'s by Dakota County Legislators indicate a good turn out for the event. Each City is also being asked to provide a count of the number of elected officials expected to be present, and you are encouraged to attend if at all possible. ACTION REQUIRED In order that we may provide an accurate count to the function organizers, Council should indicate to staff if they will be able to attend the Dakota County Legislative breakfast scheduled for Friday, January 11, 1991. MTL:kkb