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1991-10-15ROADWAY AND TRAIL PRELIMINARY COST PARTICIPATION ESTIMATE DESCRIPTION S.A.P. (DAKOTA COUNTY) DAKOTA COUNTY MN. D.O.T. & MENDOTA MN. D.O.T. & MENDOTA HTS. MN. DOT MENDOTA MN. DOT MENDOTA NTS ITEM COST QUANTITY COST QUANTITY COST QUANTITY COST COST QUANTITY COST COST 8' WALK ALONG ACACIA (5' SAP & 3' COUNTY), THEN ALONG PILOT TO MHR (2897 LIN. FT.) el 31 NEAR (TON) 55.00 239 13145.00 143 1865.00 31 BASE (TON) 42.00 239 10038.00** 143 6006.00 TACK (GAL) .90 87 78.30 52 46.80 CLASS 5 (CU YD) 10.00 322 3220.00 193 1930.00 PILOT KNOB ROAD (898+20 TO 919+90 & 922+34 TO 941+35) ALSO INCLUDES ACACIA BLVD. RECONSTRUCTION 61 NEAR (TON) 25.00 1599 39975.00 31 BINDER (TON) 16.75 2399 40183.25 31 BASE (TON) 42.00 8793 369306.00 TACK (GAL) .90 873 785.70 B618 C & 6 ALONG PILOT KNOB RD LIN. FT. 5.60 10039 56218.40 6' WALK FROM MONUMENT PARKING LOT TO ST. PETER CEMETARY ENT. 160% MN/DOT 4' CONC. (SO FT) 1.55 2050 1906.50 1271.00 8180 7607.40 5071.60 CL. 5 BASE (CU YD) 10.00 13 78.00 52.00 51 306.00 204.00 8' TRAIL FROM MENDOTA BR. ALONG N. FR. RD., 110 X -OVER & S.E. FR. RD. TO ACACIA BLVD. 8 70% MN/DOT 31 NEAR (TON) 55.00 43 1655.50 709.50 424 16324.00 6996.00 31 BASE (TON) 42.00 43 1264.20 541.80 424 12465.60 5342.40 TACK (GAL) .90 16 10.08 4.32 154 97.02 41.58 CL. 5 BASE (CU YD) 10.00 58 406.00` ,,174.00 571 3997.00. 1713.00 LEXINGTON AVE. RECONSTRUCTION AT 110 INCLUDES 8' BIT. WALK, 490' LONG 31 WEAR (TON) 55.00 3640 200200.00 31 BINDER (TON) 16.75 213 3567.75 31 BASE (TON) 42.00 745 31290.00 TACK (GAL) .90 1478 1330.20 CL. 5 (CU YD) 25.00 6448 161200.00 1 1/2' MILLING (SQ YD) .50 4000 2000.00 B618 C & 6 (LIN FT) 5.60 260 1456.00 SIGNAL SYSTEM (501) 100000.00 .50 50000.00 SUBTOTALS 532949.65 466891.75 5320.28 2752.62 40797.02 19368.58 81 ENGINEERING 42635.97 37351.34 220.21 1549.49 TOTALS 575585.62 504243.09 5320.28 2972.83 40797.02 20918.07 C CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA October 15, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the October 1st Council Minutes 5. Consent Calendar a. Acknowledgment of the October 8th Parks and Recreation Commission Minutes. b. Acknowledgment of the September Treasurer's Report. C. Acknowledgment of the September Building Report. d. Acknowledgment of Parks and Recreation Commission Attendance Record. is e. Approval of a Modified CAO Site Plan to Allow Construction of a Single Family Dwelling at 1245 Knollwood Lane. f. Adopt RESOLUTION NO. 91-74, A Resolution Approving a Conditional Use Permit to Allow the Placement of Three Remote Noise Monitoring Towers. g. Adopt RESOLUTION NO. 91-75, Resolution Adopting and Confirming the Reassessment of Delinquent Assessments of Victoria Townhomes. h. Receive Draft 1992 AMM Legislative Policies. i. Approval of the List of Contractors. * j. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Bond Sale a. Improvement Bonds - RESOLUTION NO. 91-76 b. Park Bonds - RESOLUTION NO. 91-77 8. Bid Award a. Bridgeview Shores 3rd Addition - RESOLUTION NO. 91-78 s 9. Hearing a. Drainage and Utility Vacation - Centex - ** 7:45 ** RESOLUTION NO. 91-79, Resolution Approving Vacation of a Drainage and Utility Easement. 10. Unfinished and New Business a. Mendota Interchange Storm Water Issues b. Board of Review Resolution - RESOLUTION NO. 91-80, A Resolution Approving the Transfer of Board of Review Duties to the Dakota County Board of Equalization. 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA October 15, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the October 1st Council Minutes 5. Consent Calendar a. Acknowledgment of the October 8th Parks and Recreation Commission Minutes. b. Acknowledgment of the September Treasurer's Report. C. Acknowledgment of the September Building Report. d. Acknowledgment of Parks and Recreation Commission Attendance Record. e. Approval of a Modified CAO Site Plan to Allow Construction of a Single Family Dwelling at 1245 Knollwood Lane. f. Adopt RESOLUTION NO. 91-74, A Resolution Approving a Conditional Use Permit to Allow the Placement of Three Remote Noise Monitoring Towers. g. Adopt RESOLUTION NO. 91-75, Resolution Adopting and Confirming the Reassessment of Delinquent Assessments of Victoria Townhomes. h. Receive Draft 1992 AMM Legislative Policies. i. Approval of the Last of Contractors. j. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Bond Sale a. Improvement Bonds - RESOLUTION NO. 91-76 b. Park Bonds - RESOLUTION NO. 91-77 8. Bid Award a. Bridgeview Shores 3rd Addition - RESOLUTION NO. 91-78 1* 9. Hearing a. Drainage and Utility Vacation - Centex - ** 7:45 ** RESOLUTION NO. 91-79, Resolution Approving Vacation of a Drainage and Utility Easement. 10. Unfinished and New Business a. Mendota Interchange Storm Water Issues b. Board of Review Resolution - RESOLUTION NO. 91-80, A Resolution Approving the Transfer of Board of Review Duties to the Dakota County Board of Equalization. 11. Council Comments 12. Adjourn c CITY OF MENDOTA HEIGHTS MEMO October 15, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Add On Memo for October 15th Council Meeting Information is being submitted for item 5j already scheduled on the agenda (*). 3. Agenda Adoption It is recommended that Council adopt the agenda printed on pink paper. 5j. List of Claims See attached claims list. Page No. 3130 October 1, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 1, 1991 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 Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the September 17, 1991 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the draft minutes of the September 24th Planning Commission meeting. b. Acknowledgment of the Fire Department monthly report for August. c. Acknowledgment of a memo regarding public hearing notice requirements. d. Authorization for Russell Wahl to conduct the annual Halloween Bonfire, for a City contribution of $350, and for participation by local businesses subject to approval by Russell Wahl. e. Acceptance of a letter of resignation from Duane Toenyan from as Public Works Maintenance Person and authorization for staff to advertise the position. Page No. 3131 October 1, 1991 f. Adoption of Resolution No. 91-70, "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS," establishing a ring road around the Mendota Plaza and central business area, from South Plaza Drive to Dodd Road, as a state aid highway, subject to approval by Mn/DOT. g. Approval of Change Order No. 1 to the Lennox Project contract (Improvement 91-3), for a total cost of $4,880, and authorization for execution of the change order by the Mayor and City Clerk. h. Approval of a modified critical area site plan for Richard Frye, to allow construction of a six foot wood privacy fence at 1845 Hunter Lane a minimum of 40 feet from the bluff line and three feet from the south lot line. i. Acknowledgement of a memo from the Administrative Assistant regarding revised locations for the MAC remote Noise Monitoring System. j. Approval of the list of contractor licenses dated October 1, 1991 and attached hereto. k. Approval of the List of Claims dated October 1, 1991 and totalling $155,644.27. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 SWIMMING POOL FENCES Council acknowledged a memo from Code Enforcement Gill, a letter from Mrs. Elizabeth Wild, 813 Hazel Court, requesting placement on the agenda to discuss her concern over swimming pool fences, and a letter from Mr. Jim Losleben, 815 Hazel Court, regarding the fencing of his pool. Mrs. Wild stated that she has five small children, and that she has come before Council to discuss two concerns, concern over pool fence inspection procedures and the incompatibility of the City's pool ordinance and the State Building Code with respect to pool fences (Section 17.11 of the UBC and Section 5.1(7) of the swimming pool ordinance). She expressed concern that the fence around her neighbor's pool had not been inspected, and .44'reviewed what has transpired over the past two months with respect to the fencing, explaining that the fence now seems to be child proof. She stated Page No. 3132 October 1, 1991 that she feels that the pool ordinance should allow a maximum 4 inch spacing between fence boards to prevent small children from passing through a fence, and that the requirement should be applied to all pool fences regardless of when they were built. Mayor Mertensotto stated that he would not support retroactive enforcement of such a provision, unless there is a real problem which would warrant the cost, and that he is surprised that the building code permits 6 inch spacing. He agreed that toddlers could get through a 6 inch opening. Administrator Lawell stated that in this particular case, the citation on the building inspection card indicated that the Losleben fence was not inspected when the pool was built. He pointed out that ordinarily, the pool builder or owner calls the inspection department when the project is completed to request a final inspection, but that apparently in this case neither the contractor nor the owner called for the inspection. Councilmember Cummins stated that he is not entirely sure that the 6" requirement in the UBC is inadequate and that he is not aware of any instances where a child drowned as the result of getting through a six inch opening. He further stated that the UBC is designed for safety. He pointed out that Council recently approved a wrought -iron fence around a swimming pool, and stated that he believes that type of fencing are constructed with five to six inch spacing. Mrs. Wild stated that the openings on the Losleben fence were seven inches, and that her two youngest children got through the fence. She stated that a two year old could get through a six inch opening. Councilmember Koch stated that she would see no problem in trying to be more progressive by setting a measurement of four to four and one-half inches, and pointed out several communities which allow those measurements as maximum openings. She disagreed with the retroactivity suggestion. Councilmember Smith asked if there is a time limitation for fence construction after pool completion. Administrator Lawell responded that the perception :,'is that when a pool is inspected the home owner is Page No. 3133 October 1, 1991 told not to fill the pool until after a fence is constructed and inspected. Mayor Mertensotto stated that the home owner should be alerted at the time of permit issuance that a pool cannot be filled until adequate fencing is installed around it. It was the consensus of Council to direct staff to research the requirements of other communities and to prepare a draft amendment to the pool ordinance to allow a four to four and one-half inch maximum opening between the pool fence boards. ADOPT -A -PARK Council acknowledged a report from Administrative Assistant Batchelder recognizing a number of businesses and individuals who volunteered to participate in the Adopt -A -Park program, which obligates the participants to two cleanups per year in a park of their choice for a two year period which began this past spring. On behalf of the Council Mayor Mertensotto commended all of the participants for their commitment and volunteer service and presented certificates to Park Adopters Jennifer Kirk and Gopher State One Call Service (for Roger's Lake Park), Steve Ivaniszyn and the Rotary Club of West St. Paul/Mendota Heights (for the north half of Valley Park), Robert Suchomel and Tracy Schabacker (for Wentworth Park), Glenn Wiessner and Wiessner (south half of Valley Park), Jim Dzik and Mendota Heights Taxidermy (Victoria Highlands Park), and Stephen Hunter, D.D.S and family, Centre One Dental (Marie Park). LERBS RECOGNITION In recognition of his. retirement as Assistant Fire Chief, Mayor Mertensotto presented William Lerbs with a plaque expressing Council's appreciation for his dedication and service. HEALTH WEEK Councilmember Cummins moved adoption of Resolution No. 91-71, "A RESOLUTION PROCLAIMING THE WEEK OF NOVEMBER 8-15, 1991 AS MINNESOTA CHEMICAL HEALTH WEEK ENCOURAGING CITIZENS TO COMMIT TO THE REDUCTION AND PREVENTION OF DRUG AND ALCOHOL ABUSE." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 3134 October 1, 1991 .__dOLIC CEMETERIES Mr. John Louris, Assistant Superintendent CASE NO. 91-29 Resurrection Cemetery, was present to reqs approval of two variances for a directions He explained that fencing will be install property line to close the existing main 4 to the cemetery on October 15th and that are requested to allow installation of a directional sign on the fence for one yeas (temporary sign and setback). A second s: be temporarily placed in the center islanc inside the main entrance, to notify indiv: that the main entrance will be permanentli relocated. Ayes: 4 Nays: 0 of 1 sign. d on the ntrance n will just uals Councilmember Cummins moved to approve variances to allow a temporary directional sign on thel property line at the Resurrection Cemetery main entrance (installed on the fence) for one year. Councilmember Smith seconded the motion. CASE NO. 91-34, Mr. Nick Cheesebrow was present to request approval CHEESEBROW of a 214" front yard setback variance to allow him to replace his existing single car garagelwith a two -car garage on his corner lot at 594 W. Marie Avenue. The new garage would be 27 feet, eight inches from his lot line on Callahan Place, and would be accessed from Callahan. He informed Council that if the variance is approved,lthe driveway on Marie Avenue will be eliminated. Councilmember Cummins moved approval of a1214" front yard setback variance to allow constructi of a garage 27 feet, eight inches from the east property line at 594 West Marie Avenue. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-36, KING Mr. Larry King was present to request app: conditional use permit for an accessory si on a through lot, along with a 1713" rear setback variance and 2' height variance, 1 expansion of an existing detached garage Avenue. Mr. King informed Council that a1 future time he plans to connect the house garage by an underground tunnel/walkway. stated that he agrees to the Planning Cone condition that he submit and receive appr4 drainage plan by City staff prior to cons' of the expansion. of a yard o allow t 5 Beebe some and Mr. King .fission val of a Page No. 3135 October 1, 1991 Councilmember Smith moved adoption of Resolution No. 91-72, "A RESOLUTION GRANTING A CUP FOR ACCESSORY STRUCTURE AND VARIANCES AT 5 BEEBE AVENUE," subject to submission and approval of a drainage plan prior to construction. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 91-37, Mr. Larry Keithahn was present to request approval KEITHAHN of a 216" rear yard setback variance to allow construction of a family room/basement addition at 697 Decorah Lane. Councilmember Cummins moved approval of a 216" rear yard setback variance at 697 Decorah Lane to allow construction of a family room/basement addition 27 feet, four inches from the rear property line. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 IVY FALLS CREEK Council acknowledged and discussed a feasibility IMPROVEMENTS, PHASE I report on proposed Ivy Falls Creek storm water improvements (phase one) to serve 1205 Sylvandale Avenue and adjacent areas. Public Works Director Danielson informed Council that he has sent letters to adjacent property owners and has scheduled a meeting on Wednesday evening, October 2nd to update contiguous property owners on the entire creek project. Mr. Jack Brassard, 1205 Sylvandale, stated that he has reviewed the feasibility report and supports the improvement proposed. Public Works Director Danielson stated that Mr. Brassard has submitted a petition and waiver of hearing for the project. He further stated that a feasibility report for the second phase of the project will be completed this winter, and a public hearing will be conducted at that time. Distribution of the costs for Phase I which are not attributable to improvements serving Mr. Brassard's property will be discussed at the Phase II hearing. Councilmember Koch moved adoption of Resolution No. 91-73, "RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER IMPROVEMENTS TO SERVE 1205 SYLVANDALE ROAD AND ADJACENT AREAS (IMPROVEMENT NO. 91, PROJECT NO. 6A) . If .. Ayes: 4 Councilmember Smith seconded the motion. Nays: 0 Page No. 3136 October 1, 1991 .NSINGTON GRADING Public Works Director Danielson reviewed his memo regarding the grading of the Kensington area. He informed Council that the developer's agreement with Centex is close to being executed and that Centex intends to begin grading as soon as it is signed. City staff has approved a grading plan submitted by Centex. Centex has offered to include the mass grading for the north and south park areas with their project, and in response, staff prepared a plan for how the park area should be graded. (Copy of the plan was attached to the memo.) Mr. Danielson stated that the normal cost estimate for grading is $1.00 per cubic yard, and that Centex has received a quote of $0.90 from its contractor. Centex has offered to do the grading on the parks for the City for $15,000, which equates to $0.55 per cubic yard. Mr. Danielson stated that he feels that the rate is very good and asked for Council direction to authorize the mass grading by Centex. Responding to a question from Mayor Mertensotto, he stated that the soccer fields will be very flat, and that Centex has already put silt fences in place. Mayor Mertensotto expressed concern over the possibility of low areas which should be excavated, the stability of dirt put in, and the potential that it may need to be replaced later. Mr. Danielson responded that the first step in the grading process is to strip and stockpile the topsoil and remove unsuitable soil, and that this will be done as part of the $15,000 cost. The Centex contractor will leave the black dirt/topsoil, and the City will spread it in the spring. Councilmember Cummins asked what will occur if the contractor finds peat and bad materials. Mr. Danielson stated that the City will be doing borings this week to determine what the possibility of bad soil is. At this point, Centex is proposing to strip all the bad soil off. Mayor Mertensotto cautioned that staff must make sure that there will be adequate fill to put back into the sites without having to buy it. Councilmember Cummins responded that even if there is extra City expense at the end, the Centex proposal appears to be very favorable to the City. Administrator Lawell stated that the City will want to make certain that the black dirt that is on City property remains on City property, and that staff will inspect the grading closely. Page No. 3137 October 1, 1991 Councilmember Cummins moved to authorize an expenditure of up to $15,000 for the grading of the Kensington parks by Centex, the cost to be financed by the second part of the referendum issue. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to closed session for discussion on pending litigation. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:43 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 1, 1991 Excavating.Licenses Eagle Contracting Kuper Excavating Co. General Contractors Licenses Anderson -Soderman, Inc. Fabcon Incorporated Hoffman Builders Leo's Remodeling & Construction CITY OF MENDOTA HEIGHTS DRAFTDAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION OCTOBER 8, 1991 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October 8, 1991, in the City Hall Conference Room, 1101 Victoria Curve. Chair John Huber called the meeting to order at 7:05 o'clock p.m. The following members were present: Huber, Damberg, Lundeen, Hunter, Kleinglass and Spicer. Absent: Katz. Staff members present were Parks Project Manager Guy Kullander and Administrative Assistant Kevin Batchelder. Councilmembers Blesener and Smith were also present. APPROVAL OF MINUTES Commissioner Kleinglass moved to approve the minutes of August 13, 1991 Parks and Recreation Commission meeting. Commissioner Spicer seconded the motion. AYES: 6 NAYS: 0 Commissioner Kleinglass moved to approve the minutes of September 10, 1991 Parks and Recreation Commission meeting. Commissioner Spicer seconded the motion. AYES: 6 NAYS: 0 MAYFIELD HEIGHTS TRAIL Chair John Huber stated that the staff memo indicates that all the property owners surrounding the Mayfield Heights neighborhood have refused to provide the City with voluntary trail easements in the neighborhood. Huber stated it appears the City has exhausted its ability to provide a trail based upon voluntary acquisition of easements from affected property owners. Huber stated that in the past the Commission has declined to recommend any trails based upon condemnation proceedings. Commissioner Damberg stated that the City has reviewed this thoroughly and it appears options to provide a trail link to Douglas Road or James Road have been exhausted. Commissioner Spicer moved,rto recommend that the Parks and Recreation Commission direct staff to inform the Mayfield Heights neighborhood that trail options to Douglas Road/James Road have been exhausted and that the Parks and Recreation Commission has concluded its review of trail options. Commissioner Damberg seconded the motion. AYES: 6 NAYS: 0 KENSINGTON PARK Chair Huber stated that staff had received grading plans from the Centex developers and that Guy Kullander had been directed by the Parks Commission to provide schematics for the Kensington Park. Parks Project Manager Guy Kullander provided a presentation on schematic designs for Kensington Park based upon the 1989 Parks Referendum and input received to date from the Commission, City Council and residents. Kullander explained that staff had been selected to do the design of this park and that no private consultants would be hired on the design of this park, as approved by the Commission and City Council. Kullander stated the staff has three years of park development experience and has a better feel at this time for the original intentions of the referendum and the input that has been received since. Kullander explained that the Kensington Park dedication is a result of a lengthy approval process for the land use in this area. Kullander explained that in addition to the park dedication there are trail links provided through easements across lots to have access to Delaware Avenue. Kullander stated a given to this park design was to have a portion of the park large enough to provide two full size soccer fields. Kullander stated that the Citizens Park Review Committee had determined a need for three soccer fields - two full size soccer fields and one large soccer field. Kullander stated that the two fields were proposed to be 240 feet by 360 feet with one having the ability to be enlarged to 300 feet by 390 feet in order to meet the needs of current soccer users. Kullander stated that these soccer fields and the other field being provided at Sibley High School, will fulfill the referendum. Kullander stated that the original budget proposed in the referendum for Kensington Park was $568,000. Kullander stated this amount was to provide for development of 26 acres, including three full use softball fields and'two full size soccer fields. Kullander stated that because of delays in land use approvals Mendakota Park became the number two park in the referendum and that first issue money was directed towards improving Mendakota Park. Kullander stated that second issue money, for a total of $700,000, was earmarked for future land acquisition and park development. Kullander stated that $15,000 in design cost by Barton Aschman had already been spent on Kensington Park and that Barton Aschman's original estimated design for Kensington Park was $800,000. Kullander stated that the remaining money for parks includes the $700,000 in the second issue and the $350,000 currently in the special park fund. Kullander stated the plan he is proposing as a schematic tonight is an affordable plan and is in roughly the $400,000 range. Kullander explained the constraints on the site which include a pipeline and power line which cannot be moved and restrict grading. Kullander stated that Centex will be doing the mass grading on the site and that it will be up to the City to do the fine grading. Kullander estimated the fine grading at $40,000. Kullander explained that the south area of the park drains towards 494 which has restricted drainage and that the City will have to use storm sewers to take it to the north. Kullander explained that the soils in this area are poor with hard clay and rocks and that topsoil will be needed. Kullander explained that the trees in the north park area are not developable because they're on too steep of slopes and are mostly on private property. Kullander explained the details of the south park area. He stated there is proposed 78 space parking lot, approximately $25,000-30,000 play equipment area, picnic tables, benches and a structure to enclose the irrigation mechanical equipment and port -a -potties. Kullander stated that providing sanitary sewer to this building would be an extra $25,000. Kullander explained the north park area. He stated U.S. West has an existing building that provides bathrooms and storage. Kullander explained that this is proposed to be a wide open flat grassy area, it would drain towards the pond area in the northwest corner, the grass area would not include a skinned area but would have a backstop and benches to allow for softball. He stated there is a half court basketball proposed and a small parking lot. Guy Kullander stated this proposal for Kensington Park is estimated to cost $400,000 to $450,000. Kullander explained the edge of 494 is roughly 65 feet from the right-of-way fence. He is proposing a 28 foot high cyclone fence as a kick barrier that would extend 120 feet in length behind both soccer goals on the south. Kullander estimated this at a $15,000 cost. Commissioner Damberg inquired if it would be possible to build a solid fence for noise walls. Kullander explained that the noise wall solid fences that you see typically along highways are extensive structures and very expensive to build and stated that a cyclone fence is the cheapest method of fencing. Liability hazards for balls kicked into the highway right-of-way were discussed. Alignment of the soccer fields in the south park area was discussed. The Commission acknowledged the intent is to grade the south area for two full size soccer fields but that it can be striped in any fashion depending on the user. Kullander stated that all bleachers, benches and goals in this area are proposed to be movable. Fencing around the south park area was discussed and Kullander was directed to look at reducing fence costs to save money. Extension of utilities for sanitary sewer to the proposed structure in the south park area were discussed. Kullander estimated an additional $25,000 to extend sanitary sewer to the building and provided plumbing. Commissioner Spicer stated that an open shelter roofed area should be considered for use in inclement weather or hot sun. Kullander was directed by the Parks Commission to explore plumbing and shelter at this structure. The Commission discussed the play equipment proposed in the southern area. Kullander stated he is estimating this at $25,000-$30,000 which is slightly higher than what has been spent in the typical neighborhood park for new play equipment. The Commission agreed with this as there will be lots of residents in this area. Councilmember Smith stated the north park area doesn't meet the needs for the future residents of this area as shown on the schematics. Councilmember Smith stated that a PUD allows for higher density in order to gain park space and amenities. Councilmember Smith stated that the multi -family area and its future residents must have a park geared toward their needs. Councilmember Smith stated that the northern portion of the park should be open space area. Commissioner Spicer stated that the current proposal as shown by the schematics do show a green open area for this area. Councilmember Smith stated that what she had in mind was a picnic area or walk destination with potentially a picnic shelter in this area. Commissioners Spicer and Lundeen both stated that the Parks Commission did not feel it necessary to build structures in both the south and north park areas. Chair Huber stated that the design for the south park area showed minimal amenities including bathrooms, a mechanic area and a structural overhang. He stated that it had been the City Council's and Park Commission's intent that this park not be built "on the order of Mendakota Park." Chair Huber stated that he felt Councilmember Smith was talking of a higher quality area for the north area. Councilmember Smith stated she had had phone calls from people in this area and they had indicated their desires to have a tennis court, play facilities for older children, horseshoes, volleyball and that this area should be perceived as a destination park connected to the hiking trails. Commissioner Damberg stated a basketball court would be appropriate for older children. Commissioner Spicer stated an open green area would provide a multi -use area. Councilmember Smith stated she realized that it had to be somewhat flat for the drainage in the area but she would prefer to see something more interesting in the terrain. Councilmember Blesener stated she has been involved in the parks review process with the Citizens Park Review Committee and all the effort that went into the Parks Referendum. She emphasized that playing fields are needed and have been identified as a high demand item. Councilmember Blesener stated that the land use approval process had given away a 27 acre park that would have met some of these extra needs. Commissioner Damberg stated that she would like to speak for the older generation and she felt that "their needs should be addressed in this park as likely there would be elderly residents living in many of the multi -family units. Commissioner Spicer stated he disagreed. Spicer stated most of the City's neighborhood parks are multi -use parks and they are currently working well and do meet the needs of diverse age groups. He gave as examples Marie, Wentworth, Valley and Friendly Hills Parks. Commissioner Kleinglass inquired about the noise in this park. Parks Project Manager Kullander stated the north area is probably too far to receive noise from the highway and Mendota Heights Road was not a large noise generator. Kullander stated there would be highway traffic noise in the south area. Commissioner Spicer stated there is no reason not to leave a green grass area in the northern park and that it should be graded properly. Commissioner Damberg agreed, stating leave it open with plantings to allow for multiple use. The north park area was discussed as a picnic area. Commissioner Spicer stated the north park area is a little bigger than a neighborhood park and the existing neighborhood parks are mostly appropriate for play on the fields by those age eight and under. Spicer stated that what has been shown on the schematics for the north park area is not a formal ballfield. Spicer stated the Citizens Park Review Committee had envisioned this as a practice area, as did City Council when they determined Mendakota Park would be the flagship premier park of the City. Councilmember Blesener stated the Citizens Park Review Committee had identified a need for 13 fields and the referendum has not yet fulfilled this. The location of the parking lot in:the north park area was discussed. Horseshoe and volleyball were discussed for the north park area. Councilmember Smith stated the north park area should have some sort of contouring in the terrain to make it more interesting. She stated the parking lot should be moved to the west with some berming behind it. She stated she envisioned this park as having horseshoes, being multi -use with no dedicated ballfield and no backstop. Parks Project Manager Guy Kullander stated the drainage slopes towards Mendota Heights Road and it would be tremendously expensive to change the drainage in this area. Kullander stated berming would block the view into the park. Councilmember Blesener stated the cost of placing,a backstop in the north park area is minimal. :-Councilmember Blesener stated if you decide in the future there. -is a better'purpose for the park. -that it could.be easily accomodated with the current design proposal-. She stated she was certain that Mend -Eagan would be using the ballfield now. Commissioner Spicer stated Mend - Eagan currently buys field time from St. Thomas, St. Peter and Visitation and they would like to be able to utilize the parks more to alleviate the cost of buying field time. He stated coaches are actively looking for open space for their kids to practice from May lst through September. Chair John Huber inquired of the Parks Commissioners about their opinions on the north park area. Commissioner Lundeen stated he felt that the Parks Commission should keep its options open, that it should not be a formal field but it should be an open grass area. Lundeen stated this allows the City to be flexible to make other improvements at a later date if the demand warrants it. Lundeen stated if the fields become used heavily, so be it. Commissioner Kleinglass stated Mend -Eagan will use it for practice fields at this time. Kleinglass inquired if the Commission is saying we don't want Mend -Eagan to use this as practice fields. Kleinglass wondered what kind of information do we have that the future residents of this area are making different demands than the schematics are currently showing. Kleinglass stated that we know Mend -Eagan needs to use the fields and at this point we can only speculate about what the future residents of this area would want diffently. Commissioner Damberg stated she sees many of our neighborhood parks as being athletic fields. Damberg stated that the idea of open space parks should be looked at carefully. Damberg inquired if the City had an obligation to totally meet Mend -Eagan needs. She stated other sectors of the community, such as seniors have park needs also. Commissioner Spicer stated the referendum was proposed and voted on by residents in the City. Spicer stated the Parks Commission was representing the community in constructing the referendum improvements and he felt the Commission would be short of meeting its obligations if this area is not developed to allow practice fields. Councilmember Blesener stated the second question money would still enable the City to provide open space type -"parks. Councilmember Smith and Councilmember Blesener left the meeting. Chair John Huber stated he was getting the sense from the Commission that this facility may be VERBAL UPDATES better used as a practice/athletic area. Chair Huber stated he felt Hagstrom-King may be a better area to locate these other types of improvements that have been talked about this evening. Parks Project Manager Kullander stated Hagstrom-King currently has an area graded for tennis courts, that it would be easy to convert the basketball court to a full court, and a volleyball area and a horseshoe area could easily be provided in Hagstrom-King Park. Kullander stated that the ponds at Hagstrom-King may be more scenic for a picnic area and lack the power lines that run through the north area of Kensington Park. Chair Huber stated that it's probably impossible for the Parks Commission to satisfy all the ball players and to satisfy all the passive park advocates. Kullander stated he felt the north part of Kensington Park had no natural amenities worth saving as a passive park and it would be expensive to create these amenities. He felt that picnic areas make more sense in Valley Park or Hagstrom-King Park or other parks that are destination areas on our trail system. Chair Huber, on behalf of the Parks Commission, directed Kullander to explore the park needs in the north area, investigating the options discussed tonight for destination type uses and to include Hagstrom-King Park as a factor in his review of park improvements for Kensington Park, for the November meeting. Administrative Assistant Batchelder stated the City's Risk Manager had visited to look at the City's exerglide swing in the Mendakota Park area where an.accident had occurred with a young child. Batchelder stated the Risk Manager had sent the City a letter suggesting appropriate signage and striping of the hard surface area around the exerglide to indicate parental supervision and caution in a hazard area. Batchelder stated the Risk Manager's letter also addressed liquor sales at the concession area, a video library on risk management, and park maintenance. Batchelder stated there had also been an accident on the Somerset Elementary trail and the City would also be signing and striping that trail to warn of hazards and to use caution. Batchelder stated that Valley Park trail also has a steep sector that would receive the same signs and striping. • `L ADJOURN Batchelder stated the adopt -a -park participants were recognized at the City Council meeting a week prior and that the new adopt -a -park signs had been installed. Batchelder stated that NSP had planted trees and landscaping at their power station in Mendakota Park to screen the view. There being no further business the Park and Recreation Commission adjourned their meeting at 8:45 o'clock p.m. Respectfully submitted, Kevin Batchelder CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, SEPTEMBER 1991 BALANCE COLLATERAL DAKOTA COUNTY STATE BANK Checking Account 4.85% Savings Account 4.75% C.D. Rep. Collateral - Bonds Gov't. Guar. CHEROKEE STATE BANK C.D. due 10/26/91 @ 5.2% Savings Cert. 2/28/92 @ 5 1/4% Collateral - Bonds Gov't. Guar. U.S. Treasury 8 5/8% 5-15-93 Notes GNMA Mtg. Pool 9% U.S. Treasury Money Mkt Gov't. Securities Fund TOTAL FUNDS AVAILABLE: Funds Available 12/31/90 9/30/90 $240,777.00 534.96 0 $241,311.96 $592,581.00 $100,000.00 $350,000.00 13,952.59 $363,952.59 $600,000.00 $100,000.00 $498,671.88 $272,411.86 $1,304,287.55 $1,200,000.00 $3,880,635.84 $6,192,720.44 $3,778,756.00 Rates Money Sept. 30 Bank Fid Escrow Funds (American National Bank) 8-30-91 City Hall Buildings $ 15,145.70 Railroad Crossing 167,003.23 TOTAL $182,148.93 LES:mlk $692,581.00 $700,000.00 Value 9-30-91 (est.) (1,858,000.00) (1,929,000.00) Market 4.85% 5.40% MEMO Date: 9-30-91 TO: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Building Activity Report for September 1991 CURRENT MONTH YEAR TO DATE 91 YEAR TO DATE 90 BUILDING PERMITS: No. Valuation Fee Collected No. Valuation Fee Collected No. Valuation Fee Collected SFD 4 709,613.00 6,022.52 53 8,338,993.00 73,612.58 61 9,975,068.00 86,256.61 APT 0 0 0 0 0 0 0 0 0 TOWNHOUSE 0 0 0 5 563,645.00 5,624.05 6 716,694.00 6,922.59 CONDO 0 0 0 ' 28 2,313,761.00 14,868.17 16 1,278,376.00 8,116.36 MISC. 33 308,469.00 4,929.28 181 1,267,113.00 22,047.61 201 1,557,319.00 28,178.46 C/I 2 838,700.00 5,364.16 40 9,467,630.00 47,861.75 35 2,240,074.00 16,757.75 -------------------------------------------+-------------------..---------------+------------------------------------ Sub Total 39 1,856,782.00 16,315.96 ( 307 21,951,142.00 164,014.16 319 15,767,531.00 146,231.77 TRADE PERMITS- Plumbing 14 467.00 108 4,312.00 115 5,356.00 Water 31 155.00 119 595.00 101 505.00 Sewer 37 647.50 106 2,047.50 90 1,575.00 Heat, AC, & Gas 28 1,595.00 132 10,788.50 145 16,316.35 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 110 2,864.50 465 17,743.00 ( 451 23,752.35 Licensing- Contractor's Licenses 20 500.00 441 11,025.00 426 10,650.00 -------------------------------------------+------------------------------------+------------------------------------ Total 169 1,856,782.00 19,680.46 11213 21,951,142.00 192,782.16 11196 15,767,531.00 180,634.12 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 October11, 1991 To: Mayor, City Council and City Administ t From: Kevin Batchelder, Administrative Assistal(O Subject: Parks and Recreation Commission Attendance Record DISCUSSION At the September 17, 1991 City Council meeting, the City Council requested a record of the attendance by members of the Parks and Recreation Commission. See attached. The record begins in January of 1990 when Stephen Hunter, the newest member, was appointed. ACTION REQUIRED Acknowledge receipt of attendance record for Parks and Recreation Commission. PARKS AND RECREATION COMMISSION ATTENDANCE RECORD October 11, 1991 Date Huber Hunter Lundeen Katz Kleinglass Dambera Spicer Jan. 190 EA EA Feb. 190 all present Feb. 190* EA EA Mar. 190 EA Apr. 190 EA May 190 EA EA June 190 EA EA EA July 190 no meeting Aug. 190 EA EA EA Sep. 190 EA EA Oct. 190 EA EA Nov. 190 EA EA Nov. 190* EA EA EA Dec. ' 9.0 EA EA Jan. 191 EA EA Feb. 191 EA EA Mar. 191 all present Apr. 191 EA EA EA May 191 EA A EA EA EA A June 191 all present July 191 EA Aug. 191 all present Sep. 191 EA EA EA EA Oct. 191 EA * Indicates a Special Parks meeting conducted in addition to regular schedule. EA Indicates excused absence. A Indicates absence without notification. CITY OF MENDOTA HEIGHTS October 12 1991 TO: Mayor, City Council and City Admini t r%� FROM: Paul R. Berg, Code Enforcement Officer -1Y SUBJECT: Modified CAO Site Plan Approval. 1245 Knollwood Lane Introduction• Wally Bauer of W.F. Bauer Construction has submitted a permit, building and site plan for Lot 10 Block 1 Ivy Hills West 2nd Addition (1245 Knollwood Lane). This property is within the boundaries of the C.A.O. Discussion: The site plan as presented does not indicate any slopes on the property that are 40% or greater, therefore a modified site plan approval would be appropriate. Recommendation: Staff would recommend that City Council grant a modified site plan approval to W.F. Bauer Construction so that staff may issue the requested building permit. Action Required: If City Council wishes to implement the staff recommendation to approve the modified site plan as presented for 1245 Knollwood Lane (Lot 10 Block 1 Ivy Hills West 2nd Addition) it should pass a motion of approval. BAUER CONSTRUCTION 6124830518 Home Design Free Estimates Home Building Additions W. F. BAUER dONSTRUCTION CO. 1050 West County Road E Shoreview, MN 55426 483-0518 Display Home 7391148 Date: October 10, 1991 To: City Council of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 From: W. F. Bauer Construction Co. 1080 West County Road E Shoreview, MN 55126 Re: Modified site pian approval Lot 10, Block 1, Ivy Hills West 2nd Addition We are requesting the modified site approval of said lot. Plans to build a single family home on said lot. Thanks for your consideration. S` c , 'Walter F. Bauer President W. F. Bauer Construction Co. kc d. P. 02� BAUER CONSTRUCTION 6124e3eSle « ' P_ OS CAO CITY dF MENDPTA HEIGHTS , ' Dakota" Couttty,,Minitesota APPLICATION. -FOR CONSIDERATION :"� ;- ::• CRITIdt.AR A DE'MOYMENT (Grdinatice N0,''403) tDati o f Application, :20,!10 f 91' :`� �::- • Fee ;Paid Receipt Humber Applicant. :x ?M i:. 3;' - Name` •W:'F': -': :Last :First' ;>,: Initial Address - 1084 West Co S� t2a � .: h6it eyie 'r�1'�:E-i� Number b Street. �. .State.Zip Code thone : 48303'77: Aome Gutter : ' :.: s:"' ::: •;:4., .. Name .j.H'cil,'t„ 'Iraiar�ric2::"'C�'i '_' ._': .. :��:,•`•' i Last .'� 5:: ;,.:• _' :a=F3=sty;,; - ,,.,s :: '• Initial ;''•., Address:-..1`lezhi Y'1?.:aa:' :'J1�eric3sta` Hei' "<.':1114 {+' Numbe : & Streey :., :k: t ; !: -Zip Code r. .Cit ;:. Sta as.;; .:. "'•' 1 • .. •t' ' •J' .I:+:- !St.-�'tl' .'jam• Stireet:I.o atio' 'of': er �` n� ae tio� c ti .Prop ty•t'3 Q s ri ICx3G1I wooda'ri=�'J' J a: :, ;: 'tJ 45 , ♦ •r' .i• !tip .ty :'' .�_';':i' ,./.:-� ', J :Jn.MYa` Legal' Description ©f P.=cpertqt?- Lot".1Q:i• .SlocJ ��.. ; :J'::.- "J='••'; "'•i::,t'•:-`t'`''`:''_�'::. ,;, J. _ i T:yy�''�Hi'I'1's'•� t�est��-�=nci:�'A�c�i'r';'�ri•: .. . .. .. - ;1. ;i ., ."•Sir.' - •: .. • .t.. `�>a;t _. �t •' at. 2-.}: ..•. =: tet:.: J.: SJ' !:_: L: .2 `t:• s• .}'•i• . .• •M •,•,• Dako Tgpe of Request..' :� :Y:_ :. .�.: `=:-t Vaiiaiica ';t•'`'. ::: Site .Pan: Approval J Mod"ified. Site Plan'Appioval • • - 'i tip, :•: . ; _ • : :'w.: :, .y „; t :' ..,. :d • • a Present Zoning of P.opertyt R ' Present Ose of Progeirty: empty 1ot I hereby declare that all statements..made in 'tli' s r es o .the adaitlonaz material are 'tree. :•':..• �' � �1� r Signature of Applicant - Date t_ - •� .:.:. ' -Received by (title) CITY OF MENDOTA HEIGHTS MEMO October 11, 1991 To: Mayor, City Council and City Adminicr From: Kevin Batchelder, Administrative Assist i Subject: Planning Case 91-09: Conditional Use Permit Metropolitan Airports Commission ANOMS Remote Noise Monitor Tower Locations DISCUSSION At the June 4, 1991 City Council meeting, Council directed staff to prepare a resolution granting approval to the Metropolitan Airport Commission's Airport Noise and Operations Monitoring System (ANOMS) for a Conditional Use Permit to allow the placement of three remote noise monitoring towers in Mendota Heights. Of the three sites determined by City Council, two were unacceptable to MAC because of the proximity of highway noise. On October 1, 1991 City Council reviewed three sites that staff and MAC had found to be acceptable and concurred with the recommendation. Please see attached maps highlighting the three locations. They are: 1. The former Mendota Water Company well -site on Mohican Court that is City property. 2. City owned property at 1305 Kendon Avenue in Furlong neighborhood. 3. The U.S. West Fibre Optics utility site on Cullen Avenue. ACTION REQUIRED If the City Council so desires, they should pass a motion approving Resolution No. 91- , A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF THREE REMOTE NOISE MONITORING TOWERS. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF THREE REMOTE NOISE MONITORING TOWERS WHEREAS, the Metropolitan Airports Commission, hereinafter referred to as MAC, has made application for a Conditional Use Permit to construct three Remote Noise Monitoring Towers in Mendota Heights for their Airport Noise and Operations Monitoring System, hereinafter referred to as ANOMS; and WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on April 23, 1991 and on May 28, 1991 to consider the application for construction of said towers; and WHEREAS, based upon the public record transcribed during said public hearings, the Mendota Heights Planning Commission recommended to the Mendota Heights City Council that the Conditional Use Permit be approved to allow construction of the proposed noise monitor towers with the final locations being determined by consultations with MAC, city staff and City Council; and WHEREAS, the Mendota Heights City Council conducted a public hearing on June 6, 1991, to consider MAC's application for a Conditional Use Permit; and WHEREAS, the Mendota Heights City Council reviewed the final site locations at their October 1, 1991 meeting and determined the final three permanent sites, said sites being: 1. The former Mendota Water Company well -site on Mohican Court that is City property. 2. City owned property at 1305 Kendon Avenue. 3. The U.S. West Fibre Optics utility site on Cullen Avenue. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit will have no adverse effect on the health, safety and general welfare of the citizens of the community and the surrounding land; 4 BE IT FURTHER RESOLVED, that construction of said noise monitoring towers is not adverse to the general purpose and intent of the Zoning Ordinance; BE IT FURTHER RESOLVED, that the Conditional Use Permit for the ANOMS remote noise towers be approved according to said three final sites and the plans submitted in Planning Case File No. 91- 09. Adopted by the City Council of the City of Mendota Heights this 15th day of October, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO September 27, 1991 To: Mayor, City Council and City Administrator From: Kevin Batchelder, Administrative Assist�a Subject: Metropolitan Airports Commission \\ Noise Monitor Tower Locations DISCUSSION At the June 4, 1991 meeting, the City Council directed staff to prepare a resolution granting approval to the Metropolitan Airport Commission's Remote Noise Monitoring System based on three sites identified by Council, and to authorize the Mayor to sign the resolution. The three identified sites were the former Mendota Water Company well -site on Mohican Court, the City -owned Tousignant property on T.H. 55 and the City tot lot in Curley neighborhood. (See attached minutes.) Recently, MAC has informed the city that two sites are unacceptable because of highway noise. The two sites were the City -owned Tousignant property on T.H. 55 and the City tot lot in Curley neighborhood. John Foggia, of MAC, has been working with staff to find alternative sites. MAC desires to have the towers up and operational by December 31, 1991. Alternative sites have been identified in the Furlong neighborhood and in the Curley neighborhood as shown on the attached maps. Site Number Two, in Furlong neighborhood, is proposed to be at either 1305 or 1306 Rendon Avenue. Both properties are owned*by the City. Monitor Site Number Three, .in Curley Neighborhood, is proposed to be located on a small lot that houses an AT&T'utility building and driveway. This site is heavily screened by landscaping from neighboring properties. Staff has not heard back from AT&T, but in any case the tower could be located in the R.O.W. ACTION REQUIRED At the June 4, 1991 meeting, Council authorized the Conditional Use Permit for Remote Noise Monitors in three _.locations. The new..proposed sites are being presented to City Council for the purpose of informing Council of the slight changes in jocations due to technical requirements., - If•Council concurs with the new locations, no new action is necessary.. . Page No. 3025 June 4, 1991 for the permanent monitoring system. He pointed out that people are normally at a loss as to how to address problems to the FAA, and that the MAC representatives are present to collect data so that they can prove to the FAA that planes are flying out of the corridor. He informed the audience that MAC also needs the residents' phone calls and that they respond to what the residents say - when Mr. Foja gets a resident call, he calls the FAA. Many people have seen planes north of T.H. 110, and what this system will be able to do is radar -track data. MAC will submit that data to the FAA with suggestions on how to address it. The system will track 15 to 20 miles from the airport and will provide indisputable information recorded by the FAA's own equipment. The information will be compiled and presented to MASAC, and residents can come to Mr. Foja's office to look at or acquire the data. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed. the motion. %yes : 4 lays: 0 It was the consensus that the monitors be ", located on the former Mendota Water Company well -site and the City -owned Tousignant property on T.H. 55, and that Council would like a third monitor, to be located on the City lot in the Curley Addition. Councilmember Blesener moved to authorize staff to -prepare a resolution granting approval to the remote noise monitoring systems based on the identified three sites, and to authorize the Mayor to sign the resolution. Councilmember Smith seconded the motion. dyes: 4 lays: 0 ;ASE NO. 91-15, Mr. Fred Haas, from Marvin Anderson 1NDERSON Construction, was. -present to request approval of amendments to wetlands setbacks granted for %;, five =riots in Block 1 of the Bridgeview Shotes Second Addition. Mr. Haas stated that -at the time the final plat and wetlands yermits were approved"he thought that all of the wetlands permits that were needed had been granted. As the result of recent surveying which was done MH3 0 4 :1 -fu ' 0 Citi FRIENDLY C% RE-ARR/ H (ILLS yt si tl ii .6RIDGEVIEW SHORES I ST ADDITION 0 too 200 MANHOLE [--- - ---171 a CATCH WIN SCALE IN FEET. ...... ww 'SANITARY OR STORM SEWER WATERMAIN w7Trr- SIDEWALK 2101SE M014ITOR SITE NUMBER ONE MOHICAN COURTIFRIEDINLY HILLS October i, 1991 lRoM z r66.r Dxag r z IDIIOX�r. qo:;oo '� �, � � a�vW ��� = ago, °' .► 1 9 r H � �• rs• �sr a A H k0 • � � � �. 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't try ` . , i •J `4 �';.' r•~+�w14+��:�'�" }iiYl}(t:: !� 1•. .; !' % ',• flit ' �': CITY OF MENDOTA HEIGHTS MEMO October 11, 1991 TO: Mayor, City Council and City Adminis 4a FROM: Larry Shaughnessy .1Z`^ SUBJECT: Victoria Townhomes Delinquent Special Assessments HISTORY: Mendota Homes, Inc. have been developing the tax delinquent property in the Victoria Homes development. They have built on all but one of the blocks at this time. Each block contains three homesites. At this time they want to obtain title from Dakota County HRA for the final block, however, only one of the homes has been sold at this time. In order to protect our delinquent assessment against this property, we have asked that J.A. Homes sign a Waiver of Assessment Hearing on the sites. These have been signed by J.A. Homes, contingent upon closing of their purchase of the lots from the HRA. Delinquent assessments are $8,649.45 per lot. ACTION REQUIRED: Accept waiver of hearing for reassessment and pass a motion adopting Resolution No. 91- , RESOLUTION ADOPTING AND CONFIRMING THE REASSESSMENT_ OF DELINQUENT ASSESSMENTS OF VICTORIA TOWNHOMES . LS:mlk City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ADOPTING AND CONFI d4ING THE OF DELINQUENT ASSESSK NTS OF VICTORIA BE IT RESOLVED by the City Council of the City of Mendota Heights as follows: WHEREAS, Mendota Homes, Inc. has signed a Waiver of Hearing with regard to special assessments against the following described proper- ties: Lot 1, Block 2, Victoria Town Homes Addition Lot 2, Block 2, Victoria Town Homes Addition Lot 3, Block 2, Victoria Town Homes Addition NOW THEREFORE, this Council, having accepted the waiver of hear- ing finds that each of the lots, pieces and parcels of land enumerated in the assessment roll was and is specially benefited by the construc- tion of said improvements in not less than the amount of the assess- ment, as corrected, set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described; and BE IT FURTHER RESOLVED, that the proposed assessment roll as so corrected is hereby adopted and confirmed as the proper special as- sessment for each of said lots, pieces and parcels of land respective- ly, and the assessment against each parcel, with the interest at the rate of eight and one-half percent (8.5%) per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concur- rent with general taxes upon such parcel and all thereof. The total amount of each such assessment as to sanitary sewer, storm sewers, and watermains shall be payable in equal amounts extending over a period of nineteen (19) years and each assessment as to street rehabilitation shall be payable in equal amounts extending over a period of ten (10) years; the first of said installments, together with interest on the entire assessment. The first year interest shall commence October 1, 1992 and interest for the first year shall be from October -1,.1992 to December 31, 1992, to be payable with general taxes for the year 1992, collectible in 1993 (now designated as real estate taxes payable in 1992), and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. BE IT FURTER RESOLVED, that the Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest set forth separately, h to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments with taxes payable in 1993. Adopted by the City Council of the City of Mendota Heights this 15th day of October, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk WAIVER OF HEARING SPECIAL ASSESSMENT AUTHORIZATION Unless paid on or before September 30, 1992 I/We hereby request and authorize the City of Mendota Heights, MN (Dakota Co.) to assess the following described property owned by me/us; contingent upon the purchase of the property from the Dakota County HRA on October 16, 1991. Lot 3 Block 2 Victoria Town Homes Addition 27-82000-030-02 for the benefit received from the following improvements: ITEM QUANTITY RATE AMOUNT Water, Sewer, Street and Storm Sewer Improvements TOTAL $ 8,649.45 to be spread over one (1) year at an annual interest rate of 8.5`s against any remaining unpaid balance. You may pay any portion of these special assessments within thirty (30) days of the above date without interest at the Mendota Heights City Hall. If not paid interest will be charged from the signing date to December 31st of the year of collection. The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. The undersigned also acknowledges the City will record a pending assessment on the above referenced parcel upon execution of this waiver. Dated: we,'404 WAIVER OF HEARING SPECIAL ASSESSMENT AUTHORIZATION Unless paid on or before September 30, 1992 I/We hereby request and authorize the City of Mendota Heights, MN (Dakota Co.) to assess the following described property owned by me/us; contingent upon the purchase of the property from the Dakota County HRA on October 16, 1991. Lot 2 Block 2 Victoria Town Homes Addition 27-82000-020-02 for the benefit received from the following improvements: ITEM QUANTITY RATE AMOUNT Water, Sewer, Street and Storm Sewer Improvements TOTAL $ 8,649.45 to be spread over one (1) year at an annual interest rate of 8.5% against any remaining unpaid balance. You may pay any portion of these special assessments within thirty (30) days of the above date without interest at the Mendota Heights City Hall. If not paid interest will be charged from the signing date to December 31st of the year of collection. The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. The undersigned also acknowledges the City will record a pending assessment on the above referenced parcel upon execution of this waiver. Dated: lo -/o -W ge'ofPC4 J.. WAIVER OF HEARING SPECIAL ASSESSMENT AUTHORIZATION Unless paid on or before January 25, 1992 I/We hereby request and authorize the City of Mendota Heights, MN (Dakota Co.) to assess the following described property owned by me/us; contingent upon the purchase of the property from the Dakota County HRA on October 16, 1991. Lot 1 Block 2 Victoria Town Homes Addition 27-82000-010-02 for the benefit received from the following improvements: ITEM QUANTITY RATE AMOUNT Water, Sewer, Street and Storm Sewer Improvements TOTAL $ 8,649.45 to be spread over one (1) year at an annual interest rate of 8.50 against any remaining unpaid balance. You may pay any portion of these special assessments within thirty (30) days of the above date without interest at the Mendota Heights City Hall. If not paid interest will be charged from the signing date to December 31st of the year of collection. The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. The undersigned also acknowledges the City will record a pending assessment on the above referenced parcel upon execution of this waiver. Dated: By: Its Ica CITY OF MENDOTA HEIGHTS MEMO October 11, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Adminis " + SUBJECT: Receive Draft 1992 AMM Legislative Policies DISCUSSION• The Association of Metropolitan Municipalities recently provided us copies of their proposed 1992 Legislative Policies for review. As a member of this association, the AMM,serves as our lobbyist at the State Legislature on matters of concern to , Metropolitan cities. The AMM's policy package will be formally considered for adoption by the membership on November 7, 1991. Due to its length, the attached document is being distributed to you at this time for your review. It is staff's intent to also schedule this item for discussion at our November 5th Council meeting, for purposes of selecting our top policy priorities for 1992. ACTION REQUIRED: None. At your convenience, please review the Legislative Policy Document with the expectation of further discussing the most important policy issues on November 5th. MTL:mlk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 15, 1991 Masonry License Jack's Concrete & Masonry, Inc. Gas License Inver Grove Heights Htg. & Cooling, Inc. General Contractors Licenses Custom Pools, Inc. Home Enhancers, Inc. Linert Construction Thordson, J. -Construction Co. Heating & Air Conditioning Licenses Inver Grove Heights Htg. & Cooling, Inc. Rumpca Services, Inc. Sign Licenses Schad -Tracy Signs, Inc. Universal Sign Co. October 15, 1991 TO: Mayor and City Council CLAIMS LIST SUMMARY: TOTAL CLAIMS Significant claims: Friedges Landscaping, Inc. Unusual claims: HNTB F.F. Jedlicki, Inc. Knutson Services, Inc. Sexton Printing Waldor Pump $133,197.30 Part Pmt., Mendakote Pk. Nater Study Part Pmt., Mendota Woods Street sweeping Recycling brochure Lift station repairs 64,371.88 3,470.71 7,901.00 8,141.00 1,669.50 3,109.02 floer i 521 Temp Check Number 7 ---_ ` 4a'ym ` e.14 ss'51 . - -----~----'---��'a�'--` 62.60 W Oct 1e91 Claims Lis* Pace i ~ ` Fri 8v15 Pm 37 City of Mendota *eip.hts ~* - ---'-Temo-ohecx Number- no �401 Temp.- 411 Tema, Check Number -121 - c:ecx-- 6 B"'& J Auto SuopIv 01-4330-460-30 Parts 441 ^ ` Number Vendor Name Parts Account Code Comments Amount ' �� -�-a-�-------------' 01-4305-070-70 Parts ---_mx~*��m-maw-�m--''-'-- L.D. calls '' ' - --- ------- -a7_�x--- -'-- -- ----�^ Parts I n T o T 01-4210-050-50 � o ca�zs L.D. . 0. 69 1r.am'� `� " Totals Te�o Check Number 1 " Temp Check Number | . aEarl Fmmerson uAssoc 01 Street sions 79.00 ' ^ _'�e-sarl r,nnuerson o Assoc '01 .-~ .-- ~� Posts. signs 113.48 . �_ `. - -_---- 4 1e2.*8 ` ------�m�azs-zemn Check Number -u- --- -- ' - -----' ^ -' r . ~ Temp Check Number a '. . o nluinscm 09-4305-000-00 Vellum Copies aw'am . _uw.am'_- '- Totals Temp Check Number o ^`' | -'--Temp'o�ec4wmn�er� - � �� � s 4 American Tool aunpzv Inc 01-+305-070-70 Supplies e4'27 ��`� -- . . -- - ' 1.--'_---=_._-.-_ '-._�� =| ____ __.--_'_-'- 4 .'- I- ' ' 24.27 r Totals Temp Check wmnuer 4 ` floer i 521 Temp Check Number 7 ---_ ` 4a'ym ` e.14 ss'51 . - -----~----'---��'a�'--` 62.60 Temo Check Number 5 37 no �401 411 Tema, Check Number -121 6 B"'& J Auto SuopIv 01-4330-460-30 Parts 441 6',B J,Auto Supply 15-4330-490-60 Parts 6 B J Auto Supply 01-4305-070-70 Parts 6 B J Auto Supply 15-4305-060-60 Parts 50 floer i 521 Temp Check Number 7 ---_ ` 4a'ym ` e.14 ss'51 . - -----~----'---��'a�'--` 62.60 . i'l Oct 1991 claims List . Fri a:15 Pm City of Mendota Heights � --- wumber' a ---- -- - 13 71 --oupoz Temp. -� ' ------ ^ ,. Number Vendor Name Account Code it ioner- -----�� -- -- ----'----- Parts 25.69 Parts 32.06 � ��---- ---To�azsTemp -oxecx-wumuer ---a---- '---- - - -- - — Parts *5.31 ` ` ' Temp Check Number s ` , Seo*. Service s Battery & Tire Warehouse 01 ' eeot. Service ' g Battery x Tire Warehouse 01-4330-490-70 Tire. Warehouse ' ' -'~01-*330-440-e0 `^ Battery u Tire warehouse 01-4330-460-30 + _g '--'-------''-�m�"�a-'---'--'--------= - - Totals Temp Check Number y ----.Temp-Check.wumuer 10 Board or water Commissioners 01-4425-315-30 ��-'-----'-�'xmaoaru or water, commissioners ' 01-4425-070-70-- z-4*a5-nvw-7m-1w 10Board of water Commissioners 01-4425-070-70 �w Board of Water Commissioners 15-4425-310-60 Water -Comm issioners--wo-44a5-mww-mm !s 50 ��-'------���a�s-Temn Check Number ^' Tewp'c»ecx Number 11 :av, 11 ozaeser Lanus�aoe 09-4460-000-00 | -- Tota­ls',�Temjpi Check Number 11 12 Black Hills Ammo 01-4305-020-20 �,12 Black Hills Ammo 01-4305-020-20 44 Totals Temp Check Number 12 17 431 ----- ---`---`------' Haustrom-Kina Trees auoozies ies- Suotalies ` 349.00 349.wm -1-89-50- 159.50 149 Pane e � i |~` ' --------- - -------------- Comment Amount � 13 71 --oupoz ----------- 721 ------ p�r» 144.00 ' '--------------- ----�- `. ----n' Parts 25.69 Parts 32.06 � Parts Parts *5.31 ` - ' - -'-------���.e*------- - '---'--�� ` , Seo*. Service 308.06 ' eeot. Service ' -- - - '- ---�--��,aa------- -- '---2J aeot. Service 4'47 `^ oept. Service 7.13 ---oeotemuer'aervice '--'-------''-�m�"�a-'---'--'--------= - 464.17 ---- ��. '-___� ----- ---`---`------' Haustrom-Kina Trees auoozies ies- Suotalies ` 349.00 349.wm -1-89-50- 159.50 149 661 68 2 13 146.88 69 M 53 T is otals Temp Check Number 13 71 ,54 721 55 em 7. 75 041 FA nage 3 -�v,v�_'--- ------ — -� '� --- -' I'l Oct 1991 Claims Lis* .�� . Fri 8:15 Pm citv or Mendota Heights p"~, °. '-----Temm'c»ecx `. Number 14 Temp. ' checx - 69. L713 Number Vendor Name Account Code Comments ��---------�4----------- -' - - ' ---- - - ' - '' - - - ' Totals Temn Check Number 1* m . - � --------------------�--� 1s'ww ---n� _-Temp- Check Number 15 19.00 ` - 15 Commercial Asphalt 01 psooal+ � 15 '^ Totals Temp Check Number 15 ` remo Check Number 16 ----- _1a'oontinenxal Cablevision .- 01�*e00-610-30 October Svc. -' 16 Continental Cablevision 01-+200-610-e0 October Sery ^ Totals Temo Check Number 16 � .Number 17 `- 17 Code Reporter 01 aubscriotion 17 Totals Temo Check Number 17 ^1 � remp Check Number 18 nage 3 -�v,v�_'--- ------ — -� '� --- -' .�� ------' -` - `-------------------` � p"~, °. Amount " 69. L713 6s' ma ! -) -o.yo - - ` - -- ----'' 5.95 � ----'--'�.nw--' - ---'- - � --------------------�--� 1s'ww ---n� 19.00 ^ � Fall 'maintenance-- ---- mw-----'----' =1 zo 1*5.00 10 --'------ ---'- - 37 r k Number 19 401 -------------------------- 411 19 Curtis Ind 01-4305-070-70 eunozies m! 3 ;TotalsTertio Check Number, 19 e4i ;n - 01-4305-050-50 ouoolies 461 eck Number 511 52 Temp Check Number 21 53 54 1 -r -44W=020=2 / � '--------- ----- ' --- - ' � mbur-se-ex pens ' 76.mm� ' ^ ` 72 75 97 / t ` 1,1 Oct 1991 Claims List i Fri 8:15 FM City of Mendota Heights 3 #4. r ------Temp -Check- Number - 22 - i`28 Gapher''.,tate One Call 15r -,x4210-060-60 Seat. Service 25.00>: 95.82 f"' -- Temp. .r _. _... -Check- .. 198.25 1F ; 69 70 Nurnber Vendor Name Account Code Comments :6 "• ,sa r5 _. __.. --22 -Dictaphone-•'•- -' ---- - - _ 01-4334-440-210 - Dictanhc�ne repair' e j =' ,;: ;: ` ... 7 '1`;n' 74 S. 22 30.30 . ------Tot al"s-Terno-Check- Number_.._--- £ z.a. . rC'„+Y%n.4 4'�"^�t'#S :i1� w::�4 �,� r•ra';- .,v.,s�.-<f :': ..a� :«�,� :`t.,, ....-. - - - ....-- - nc ..."'� 1° .,, .:L".-.4."'�,•.:... 5�c � n. -.r: "-°r. .. .. R,,.-3 - `•h�5.. ,.4 ,.. r.._ _' - __ - e --a ra.' ,tc; 7 ---_ Tema Check Number 23 __-._._�_. -• 2; Dis Corn of Minnesota. Inc 01-4330-440-20 Reoairs 2243 ' 23 Dis Corn of Minnesota. Inc 01-4330-440-20 Supolies 2244 ' 46 " Totals Tema Check Number 23 Temp Check' Number 24 `-'--------._. ---• 24 -Fri edges Landscaping Inc - 09-4460-000-00 Mendakata Pk Pmt #E. ` 24 ---------.Totals •»Ternp Check Number 24 G Temp Check Number 25 25 Fisher Photo Supply 01-4305-020-20 Suoplies aa r - Totals Temp Check Number 25 "I J3. --- -Ternp-Check_.Nurnber-----._ - •26-__.___.�_,._-____._---•--..._.._ .._ _ _ .... .. ._ _.... '3G) 26 Gold Star Printing 01-4305-020-20 Supolies Paoe 4 --ramp--snee+t-avurnoer- - cry— ---__.___._._.«..__.._._.._---____-._._._.---_ ._..-..--•----------- ...••.--•—_— i 49 ,5° � its. .fie,, ,., ."T., >. �`,. '' - " • - ..:�.' :. � "`•5N.t yin' - p 3 #4. Amount i' i`28 Gapher''.,tate One Call 15r -,x4210-060-60 Seat. Service 25.00>: 95.82 f"' -- ,41 .r ... .... _. .. ._.... - -. _...._"__._ ._'._ ___... 177 198.25 1F ; 69 70 s3 214.05 «4' ,sa r5 - •--- 64.3?1:88.•.._.__._____._._.. _..._..--- _-_�F. 64. 371. 88 =' ,;: ;: ` ... 7 '1`;n' 74 S. 33 30.30 . --...._.. __-----•'30.30 -_.__--_._..,.......--- ---- --- i�°� 111.00 138 4 k'> •> , ';' wT6tals.,;-Temp,LCheck Number 26 39 <,;,..,:a ; '� ... •�,a".�,r h�<s<,..:>..< „tea :40 Temp Check Number 27 .411 tLz--C7-C,oodw•i--1.1-lr,dustries_-___.--_ ---0.1-4268-085-85 - - - -•-- Auoust Service 4a, 27 Soodwill Industries 01-4268-085-85 September Service 465.00 44 45 L61 Totals Tema Check Number 27 E --ramp--snee+t-avurnoer- - cry— ---__.___._._.«..__.._._.._---____-._._._.---_ ._..-..--•----------- ...••.--•—_— 49 ,5° � its. .fie,, ,., ."T., >. �`,. '' - " • - ..:�.' :. � "`•5N.t yin' - p 165 6 i`28 Gapher''.,tate One Call 15r -,x4210-060-60 Seat. Service 25.00>: 57 -- 68 52 rhe 25. Q#Qi 69 70 s3 Totals Temp Check Number 28 71 ,sa 72 .55 • x: TernpsxCheck Num, ber' 29 :#, "' �'`+c,-xa ,.R, ,.e �-n ,s.n ;.'•a _ '. ,, ..: .. N� Aey.Hg..} ,;: ;: ` ... 7 '1`;n' 74 S. _ .r",'#, .':§t:a",:�-�;z ASF,+-,t"•,r'£,;, I`y+, a _:v c"m`7".*';s;:.'.. • . „ �y'^ �?•t-.v'wu,..,.a 3�•'4:•'.x :N.". r�.` 75 457 £ z.a. . rC'„+Y%n.4 4'�"^�t'#S :i1� w::�4 �,� r•ra';- .,v.,s�.-<f :': ..a� :«�,� :`t.,, ....-. - - - ....-- - nc ..."'� 1° .,, .:L".-.4."'�,•.:... 5�c � n. -.r: "-°r. .. .. R,,.-3 - `•h�5.. ,.4 ,.. r.._ _' - __ - e --a ra.' SS:_ .-. 7 ---_ E Pane 5 it Oct 1991 Claims List Amount Fri 8:15 PM Citv of Mendota Heiahts - ------ - Ternp--Check Number- 29 - -E 3.470.71- .470.71-141.02 Temp. 91.32 232.34 _.Check__ ...- x> Number Vendor Name Account Code Comments GJ------------29-•Hdwe-•Hank-._-___..___. ..__--- _-_ ._.._15-4330-490-60 Supplies 147! 58 .as 48.00 ;asi °:-...-•-=- -•--..._.Totals-Temp-Check Number- --. 29 __-• Temp Check Number 30 _.__.._.-30 H NvT R 18-4220-701-00 Water Study, WMO Totals Temp Check Number 30 _....___-Temp._Check.-Nurnber_ 31 3.1 I C M A R T 01-2072 9/20 _____._31_:.I-C•.M-A-•..R-T.• _ 01-4134-110-10 9/20 62 -------•.-- Totals T.emD-Check Number. 'I Temp Check Number 32 32 INC Subs. Svc. Dent. 01-4402-020-20 Renewal ;3. 3n; Totals Temp Check Number 32 �____ ..__.. Ternp•--Check- .Nurnber Number-__ ....._33-- _.33--33 33INTOXIMETERS 01-4305-020-20 Suoolies 371 3sl ;.Totals`�Temp Check Number 33 Temp Check Number ti 34 Pane 5 Z4-F-F�Tedl�cki-_Inc------------•--.^3=4460-841=Qr0---.._..___-�..__-_-__• _. --Pt.- Prnt. Mendota -Woods--.-. ---_.__..7•.•90.1.•00 431 .> , 411 e4 " 7.901.00 - •----= Totals=-ernp-Check Nurnber-.__---._---_-34-_--___�.._-----.-_._.--•_•.-.-_ -_...-.--- ._.._ .x6. 4711' Temp Check Number 35 N,y35�Kar.,Praducis - —01-4305-050-50Suoolies ;. -'' 35" Kar Products 01=4305-070-70 Supplies 57 ;` a -+5 1ta9"'Rr-oducts-.- c �5-4305_060=60— -Suoolies s3I 105 ...�`ir�,c,.K• M,yY.' "�.' "ff•'a.}..r.,',1':. ."cis •'i�z;... �:.a, ":,a..`,a'°r.?`" �.' . a1' x .z ,.v;, il,k ,t„„;%ae .n,.x. -' Tern _"Check -,-Number_ o-P+>S . -�" „W"or,� sad .;. v� A_:ai L.'�.`D �•':` `,F •: q.�'• 1 t 36 Knox Commercial Credit 01-4305-070-70 Suoolies' 115.59 115.59 , 346.78 71 _ 72 74 76 32. 99 Amount _i•9. 59 - - --------- 3.470.71 3.470.71 -E 3.470.71- .470.71-141.02 141.02 91.32 232.34 x> 14.00 14.00 48.00 147! ---__._.—._...—.—.._..—__-----.-----•---•-- .as 48.00 ;asi Z4-F-F�Tedl�cki-_Inc------------•--.^3=4460-841=Qr0---.._..___-�..__-_-__• _. --Pt.- Prnt. Mendota -Woods--.-. ---_.__..7•.•90.1.•00 431 .> , 411 e4 " 7.901.00 - •----= Totals=-ernp-Check Nurnber-.__---._---_-34-_--___�.._-----.-_._.--•_•.-.-_ -_...-.--- ._.._ .x6. 4711' Temp Check Number 35 N,y35�Kar.,Praducis - —01-4305-050-50Suoolies ;. -'' 35" Kar Products 01=4305-070-70 Supplies 57 ;` a -+5 1ta9"'Rr-oducts-.- c �5-4305_060=60— -Suoolies s3I 105 ...�`ir�,c,.K• M,yY.' "�.' "ff•'a.}..r.,',1':. ."cis •'i�z;... �:.a, ":,a..`,a'°r.?`" �.' . a1' x .z ,.v;, il,k ,t„„;%ae .n,.x. -' Tern _"Check -,-Number_ o-P+>S . -�" „W"or,� sad .;. v� A_:ai L.'�.`D �•':` `,F •: q.�'• 1 t 36 Knox Commercial Credit 01-4305-070-70 Suoolies' 115.59 115.59 , 346.78 71 _ 72 74 76 32. 99 k, Number 40 40 League of MN Cities 01-2074 October insurance 1:011 40 League of MN Cities 01-4131-020-20 October insurance 41, Temp Check Number 41 43 49 150 67 52 53 7 - Temp Check Number 42 7 �54 72 we 4305-030-30 -Cleanina 5 5 Totals Temp Check Number 42 � ~ kl Oct 1991 Claims List Fuee a ' Fri 8:15 pm ci+v or Mendota Heights .` ------ ------ Temp umber ' oa- --- ---' ---- -� '' ----- --- ''-------' - '---'-�- Temp. . --� --c»ecx _ __ ' Number vendor Name Account Code om"�en*s Amount , , ,� aupoz�es------------------�*�^«4-'--------- .' � 72 177.13 " ^���--------- Totals-Tewp --------aa------ '--- ' ' �' - ' - - --- ' - — -------- ---- --------- - -- -��� . `. ` Temp Check Number 37 .� - 37 Knutson Service 01 Street sweeoiny 8'141'00 -----__- ° _- .` . Totals Temp Check Number 37 `^ .�_-----zemp -Check- Number.- __38 = ^ . 38 Thomas Knuth 72-4415-835-00 1e6-* 34.37 " -�----�-n9-441 5 -000 -mm zas-az ' ' - -' 26.'13-' - oa Thomas Knuth 33-4415-841-00 189-7 2.75 � - oa Thomas Knuth 76-+415-833-00 191-5 ea'om !^-----------oa Thomas -Knuth - 189-17 ---..... -----�� zm Thomas Knuth 05-4415-105-15 misc. mileaye 1.37 oe Thomas Knuth' 70 -*415-871-00 mizeane 35.20 ~� 266 131.72 �~ a' Totals Temp Check Number oa " Temp ecu Number as '. - --as-*racns-orf«ce Mach ines--------m1-*amm-/--Im-1m ' - ' �----'----'�urse su�oressor--------------------os"��-----------' '--' ',J � ' -- ----- |^s| , 59.95 171 k, Number 40 40 League of MN Cities 01-2074 October insurance 1:011 40 League of MN Cities 01-4131-020-20 October insurance 41, Temp Check Number 41 43 49 150 67 52 53 7 - Temp Check Number 42 7 �54 72 we 4305-030-30 -Cleanina 5 5 Totals Temp Check Number 42 � ~ 1u Oct 1991 Claims Lis* Pai3e 7 Fri 8:15 PM City of Mendota Heights �N 47 Mendota Heights Landscape 01 44 Totals Temp Check Number 47 48 Metro Waste Control 15-4448-060-60 49: '.48.Metro -Waste Control 15-3615 �4, Totals Temp Check Number 48 Comments Amount _ `. . - -Parts - - - — �--------� 50.79 ` .. aeot. service eep*' service Seot. service auoozies Station mairt. Supplies 9.96 g's6 9.96 __--- 29.88 , , a*,am � 154.01 ` 238.31 >� z' ' --- Seo*. service ' --'--�---ae.��----'- seot. service 4:' Sept. service 6e 1y � --------Sept. service-_-- '- 09 —~--------' Tree removal aeot Service ----evc.-1305~-1306-xenm Sept. Service 475.00 15,600.00 ' .''169.00cr ` � . ` 49 133.05 � _ Temp Check Number 43 -'— - Temp' Check mmnuer Vendor Name Account Code `-----------43' Lake land Ford '- '-u - ' _ 4a Totals Temp Check Number - '-43. - - Temp Check Number 44 - --'- 44 Leef Bros - - ' 01 -*335-310-50 44 Leer Bros 01-4335-310-70 - 44'Leef Bros ' - 15-4335-310-60 132 _'-Totals-Temp Check Number ' 4* ' Temp Check Number 45 45 m n Associates 01 45 m A Associates 01-+305-030-30 . Totals Temp Check Number 45 ,, Temp Check Number 46 ----- --- _ - - -�---'--'----4a-mendo*a'*einhts n"uuisn ' 46 Mendota neinxts Rubbish 01-4280-310-70 4e Mendota Heights Rubbish 15-4280-310-60 .-.�------^----46-menuota_Heie^xs "^ 184 40 47 Mendota Heights Landscape 01 44 Totals Temp Check Number 47 48 Metro Waste Control 15-4448-060-60 49: '.48.Metro -Waste Control 15-3615 �4, Totals Temp Check Number 48 Comments Amount _ `. . - -Parts - - - — �--------� 50.79 ` .. aeot. service eep*' service Seot. service auoozies Station mairt. Supplies 9.96 g's6 9.96 __--- 29.88 , , a*,am � 154.01 ` 238.31 >� z' ' --- Seo*. service ' --'--�---ae.��----'- seot. service 4:' Sept. service 6e 1y � --------Sept. service-_-- '- 09 —~--------' Tree removal aeot Service ----evc.-1305~-1306-xenm Sept. Service 475.00 15,600.00 ' .''169.00cr ` � . ` 49 133.05 � _ 49 so Temp Check. Number 56 56 Minnesota Teamsters Loc 320 01-2075 October dues 222.00 54 5tG 2--00- Tota T6r�p Check Number 56 � '--- --'---'-----' ~T 11 Oct 1991 Claims List page a � . Fri a:15 Pm City of Mendota Heights Check Number 49 '- ... ...... -�-- -------------------------rl_ Temp. -', -- -Check- ' w��rve^�orw�� Account Code o��e�s Amount^- � ,. '----Tetazs.-Ternn Check -Number -�s-------- - ----� -' - � ---�' -' Temo Check Number 50 ^| �w Midwest Fence u wru Cowz-*aom-u�o-7w neo��rs x�7.ow -----_ ., '-'------'-ow- _ -117"00 ------'--' T��a�� Temp Check wmn�er �w . `' .e Number ' o� ' ' ' - - ' ''-- ------ - '---------'-- - -- -�/ ��. .'� 51 midwest Photo Svc 01 oeot. service aw.we ` Totals Temp Check Number 51 ". 6 Temp Check Number 52 � 49 so Temp Check. Number 56 56 Minnesota Teamsters Loc 320 01-2075 October dues 222.00 54 5tG 2--00- Tota T6r�p Check Number 56 1,1 Oct 1991 Fri 8:15 PM T-emp- Check - Number 57 Temp. Check Number Vendor Name r. __57-Mirjnesota •Toro- Inc 57 __Tot al s --Terno -Check Number Temo Check Number 58 58 Mn Dept Public Safetv 513 Mn Dept Public Safety 4 116 Totals Temp Check Number Temp Check Number 59 .._.__.,_59_Duane -Nielsen Co 59 Totals- Temp -.Check Number Temp Check Number 60 Claims List City of Mendota Heights Account Code 01-4330-490-70 57- 01-4200-610-20 01-4200-610-20 58 15-4330-490-60 59 60 Neenah Foundry 01-4337-050-50 31� T4Aals Temp Check Number 60 12! 33` 34; 61 Northern 01-4330-490-70 26 1�4330-490=70_ 37 L 40 EE Comments EquiD Repairs 3rd quarter 3rd auarter Reoairs Grate Parts 72.99 194.92 Temp Check Number 62 Pace 9 62 Northern State Power 01-4212-315-30 Oct. Amount 36.05 105.46.---- 18! 9 01-4212-320-70 Oct. 105.46 24. 00 ate -Power. - 14 ------ Oct.- set -vice 62 Northern State Power 28-4211-000-00 240. 00 service 620.45 62 Northern State 131.25• ...... Oct. service 131.25 54.00 nj service 1391 4. 62 Northern State 4: 72.99 194.92 Temp Check Number 62 62 Northern State Power 01-4212-315-30 Oct. service 36.05 62 -n .NortherState Power 01-4212-320-70 Oct. service 24. 00 ate -Power. - 1.2-000-00 ------ Oct.- set -vice 62 Northern State Power 28-4211-000-00 Oct. service 620.45 62 Northern State Power 01-4211-420-50 Oct. service 138.79 1=000-00 Oct. service 1,260_62- 62 Northern State Power 01-4211-320-70 Oct. service 43.52 -°;,62 o,rthern State Power 15-4211-400-60 Oct. service 125.91• k 496 2,338.03 Totals Temo Check Number 62 pA Cli'e"'c'k".Nurn'be^r.,,'t,.;' -63 , / | 14 Oct 1991 Claims List ' . Fri 8:15 Pm City of Mendota Heights -----Tern -Check-Number- -- '. Totals Temp Check Number Temp Check Number 52 53 69 54 Y-4- I_r__Temp_ChecU_Number- 55 56 70 Snyder Drug Stores ae _ ' 70 01-4305-030-30 Pane 10 ! ' - - -- --' - - - - - -r , ' Comment Amount ' ua clnn.- ---'---'-�,aw��mm---- --'--------�, 1,419.00 reoairs 2244 Parts - -- Recycle brochure Supplies -'ounpzies--------- Supplies Parts 34.00 34.00 zaa'�s supplies 9.34 Temp. � Check Number Vendor Name Account Code 71 81 ^ -Number --'---ao------ - ' - ' Tersip Check Number 64 -64 Pioneer Rim & Wheel 01-4330-490-70 - —' - -----'- Totals Temp Check Number 64 ___'-___,=rit",4^.=""-,="be..' � . ~. � o �� Plaza Tire & Svc ' 01 5 65 Totals Temp Check Number 65 Temp Check Number 66 66 0! -----Tot al s- Temp- -Check Number 66 �!2i Temo Check Number 67 67 Sexton Printinn 01-4268-651-85 35 67 Sexton Printing 01-4305-050-50 37 Printing -.15-4305-060-60 41 Totals Temo Check Number 67 44 �,,�`,�,66f,S6ven'Corners Ace Hdwe 15-4330-490 -60 Totals Temp Check Number Temp Check Number 52 53 69 54 Y-4- I_r__Temp_ChecU_Number- 55 56 70 Snyder Drug Stores ae _ ' 70 01-4305-030-30 Pane 10 ! ' - - -- --' - - - - - -r , ' Comment Amount ' ua clnn.- ---'---'-�,aw��mm---- --'--------�, 1,419.00 reoairs 2244 Parts - -- Recycle brochure Supplies -'ounpzies--------- Supplies Parts 34.00 34.00 zaa'�s supplies 9.34 1,1 Oct 1991 Claims List Fri 8:15 PM City of Mendota Heights -----.-.--Teruo.-Check•Number-. 70 - I 75 Waldor Pump 15-4330-490-60 .`-6 •'_=.-..7Z-Wa1dor---P.urnp-5=4330=490-60-----__ --- Temp. 46- _Check _ Number Vendor Name Account Code L`�---------, 70-Srryder,-Drug Stores _-_Total-s Ternp-.Check.-Number-.---•- 70 Snyder Drug Stores 01-4300-070-70 70 Snyder Drug Stores 01-4305-030-30 i6 280 Check, Number 76 Totals Temp Check Number 70 Temp Check Number 71 S ----------=7.1-.Sterlin❑_ Electric - -.-01-4305-070-70 71 �62 .------..-•--Tatals_.Terno Check Number _.__.._. .7_l.____ ._._._. _._.. _ _... 76 Winthrop & Weinstine Temp Check Number 72 '54i ' 72 Shell Oil Co. 01-4305-030-30 ``- i Totals Temp Check Number 72 e . -Temp ..Check.Number .73 ' 73 Tessrnan Seed Inc :sol 09-4460-000-00 :s 73 Totals Terno Check Number 73 134+ Temp Check Number 74 35I 361—X8=4335=000=00----------- 137 �4�-TurfProducts ;h ¢!1� 81 1.1 Oct 1991 Claims List baa' --- Tota l s-Ternp Check-Nwnber -- F'eo_e 12 --- - _ -- - - ------------ -._--- - i655(3 Fri 8:15 PM City of Mendota Heights -_ ._ ..-_... Teruo -Check Number 76 __---...-•_-- ---• . _ -.. - _-- ._ _. -•.-•• _ --_-.. _. ___.__ 67. 521 82 Paul R. McLauan & Son 01-4300-080-80 Teruo. 7o 53 -- - Check• - - - c - - - -- - - 82T: Number Vendor Name Account Code Comments Amount q; 6!76-Wi-nthroo 4 -Wei nstine --•-•- -. - -76 _.16-4220-120-00,..._ ..._.._ ._-• -_ • .--_-- Mulvihill _..---- - - -- 1r318:7a-•---_.__. ._._..._._ ____ _ is i _•� �'' Winthroo & Weinstine 01-4222-120-20 Aug. service 11348.01 _.---- - -456 .. .... ----•--- Totals Teruo Check Number 76 _. ._._ ._._.. Temp -Check Number 77 ............ .._..__. lE' 77 Zacks Inc 01-4305-030-30 Suoolies 105.06 -Zacks-- Inc--- --01-4305-050-50 - Suopl ies - - - ~- - 165.5 -_._ _. ..... _ ---_-- i � 77 Zacks Inc 01-4305-070-70 SuDoI ies 165.95 77 Zacks Inc 15-4305-060-60 Suoolies 165.90 F' _....-.-----308 --•--•- -•---•- •- - - • - "----. .._- _- _ .. .... - -••--•-- -• ._ _....------ -_._. _.._...----- -- -.. _ ----- 602.86 Totals Temp Check Number 77 Teruo Check Number 78 - - _._...--------._78-bT Si -an - _ _... 01-4305-030-30 Magnetic sign, Chief car _.__._._.125:00-_.__-._.. _---. :,c 78 125.00 = Terno Check Number -. 78 .___ ....- _.- - _ _. _ _.._.__.. _..._..--.--.._-__ .—_.._.____• -- _ _.. _. �. Temp Check Number 79 �3e( 79 John Roland 01-4490-050-50 Intro to P.W. 39.95 Totals Temp Check Number 79 ',r _6I 147 148 ---Ternp--Checi<-Number-----____ 80--. - 371 I. lS ,asp "r'; e, 80 Contech Construction Products 01-4337-050-50 band Fastener/bolts 99.96 15.1`' '4p! - 80 -_ -.----._ 99.96 —I52 �53i 41 41' Totals Teruo Check Number 80 Vis; Temp Check -Number 81 ise� 474 } ,. .i. ...;n•< •, �59� 601 -61=John-'-M:-Frantes'--Sons•----=-----i-5-4330-490-60---_-.�_ ;e:. 81 59.00 1631 baa' --- Tota l s-Ternp Check-Nwnber -- - -- ---81---- --- -- ---- -- -----_ --- - _ -- - - ------------ -._--- - i655(3 66� .Ternp'-Check `Number 82 ?,!. 67. 521 82 Paul R. McLauan & Son 01-4300-080-80 Suoerblock plan 22.50 7o 53 5482 c 72 sa`i;T6ta1`s fernp,Check Number 82T: �,;,...�. ,:y* " Va,yr d. 74 �, q; I WL, Rape 13 .>a Comments Amount Repairs 5243--17.54.-. __....._... - -.._-- _ •` 17.54 Fire Prev. Message 155.00 125.00 ;r 133.197.30 3[; (3gi4.� 1.1 Oct 1991 Claims List Fri 8:15 FSM City of Mendota Heiohts - ---Temp. Check Number 83 Temp. Check Number Vendor Name Account Code C!----•-----•-83 - -Srnith-Dodd Auto •01-4330-440-50 83 --• • ------Totals Temo Check Number 83 -- Temp Check Number 84 84 WMIN Radio 01-4490-030-3o `- Totals Temo Check Number 84 6342 _Grand Total 3RD -----------•— -- — •-- — 37 3.1 391 k• '^� >',xz.c' 401 4tI 4�. 44 451 '7 4kit I WL, Rape 13 .>a Comments Amount Repairs 5243--17.54.-. __....._... - -.._-- _ •` 17.54 Fire Prev. Message 155.00 125.00 ;r 133.197.30 3[; (3gi4.� MANUAL CHECKS 13309 13310 13311 13312 13313 13314 13315 13316 13317 13318 13319 13320 13321 13322 13323 13324 13325 13326 800.00 1,875.00 1,443.00 505.11 230.00 135.00 85.00 80.00 9,119.50 3,809.63 300.00 400.71 105.00 168.25 41,675.32 338.00 75.00 324.83 61,469.35 G.T. 194,666.65 Geo. & Dorothy Walters Stueve Tile Paul Kaiser U.S. Post Office Ramsey County Warrants Office IACP MnCOP Assn. Dennis Delmont PERA SCCU Dakota County St. Bank U.S. Post Office Fischer Heating Fischer Heating M.N. Payroll A/C Tom Knuth DNR Metro Cleaning Tree Damage I 89-6, I2 Sept. Service Utility bill postage Warrant Registration - Delmont Registration - Delmont IACP Conference 9/20 payroll 10/4 payroll 10/4 payroll Recycling brochure postage 1305/6 Kendon furnace repair 1306 Kendon Net payroll Reimburse expense, 1305/6 Kendon Wetland permit 1305/6 Kendon i i I � CITY OF MENDOTA HEIGHTS MEMO October 9, 1991 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: 1991 Bond Sale HISTORY: We have called for the receipt of sealed bids for the following bond issue: $1,015,000 Park Bonds $1,030,000 Improvement Bonds of 1991 Bids will be available at the time of our meeting. ACTION REQUIRED: Consider bids received for the two issues and adopt Resolution Nos. 91- and 91 , RESOLUTION ACCEPTING BID FOR SALE OF BONDS AND PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. LES:mlk The Council then proceeded to consider and discuss the bids, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $1,030,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,030,000 General Obligation Improvement Bonds of 1991 of the City, pursuant to Minnesota Statutes, Chapters 475 and 429, to provide money to finance the construction of various improvements in the City (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of (the "Purchaser"), to purchase $1,030,000 General Obligation Improvement Bonds of 1991 of the City (the "Bonds", or individually a "Bond"), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1991", shall be dated November 1, 1991, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: 22884 2 Year Amount Year Amount 1993 $50,000 2003-2007 $40,000 1994-1999 75,000 2008 35,000 2000-2001 70,000 2009 30,000 2002 50,000 All dates are inclusive. T v 3. •Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1992, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year 1993 1994 1995 1996 1997 1998 1999 2000 2001 Interest Maturity Interest Rate Year Rate % 2002 2003 2004 2005 2006 2007 2008 2009 .. 0 5. Redemption.- All Bonds maturing in the years 2001 to 2009, both inclusive, shall be subject-to•redemption and prepayment at the option of the City on February 1, 2000, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall - be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be 22884 3 prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, -and interest thereon shall cease to - accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its . discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond.of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of A; any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. in , Mi_ nnesota, , is appointed .to act as bond registrar. and transfer agent with respect .to the Bonds (the "Bond Registrar"), andvshall do so unless and until a,: _ successor Bond Registrar is duly appointed, all pursuant to any: contract the City and Bond Registrar, shall execute which is ,.. consistent herewith. The Bond Registrar shall -also serve as p paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 22W4 4 8. Execution; Temporary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of ` Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is November 1, 1991. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 22884 13 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 22W4 14 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered. (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such.Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds of 1991 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account"*and "Debt Service Account", respectively. 22884 15 (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $1,020,000, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $1,020,000; (d) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (e) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption 22884 16 of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within -one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the 22884 17 City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. Except for the assessments for Projects 86-4 and 90-1, the special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown -below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the respective rates per annum set forth opposite the collection years as follows: Improvement Collection Interest Designation Amount Levy Years Years Rate 86-4 $ 482,800 1991-2007 1992-2008 8.00% 89-7 125,000 (for all) (for all) (for all) 90-1 254,800 9 180,000 TOTAL: $1,042,000 At the time the assessments are in fact levied the City Council shall, based on the then -current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy 1991 1992 1993 22884 Year of Tax Collection 1992 1993 1994 18 Amount 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will. produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes,="Section '= 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by -irrevocably depositing with the Bond Registrar' on or before that date a sum sufficient for the payment thereof ` in full.; or if any. Bond should not be paid when due, it -may,. • ' nevertheless be discharged by depositing with the Bond Registrar-, a sum sufficient for the payment thereof in full with interest accrued -to the date, of>such- deposit:`--.!The-City maywalso discharge its obligations with -respect; to cany - prepayable .Bonds <called - for ==' redemption on any date when they are prepayable according --to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full;- " provided that notice of redemption thereof has been duly given.' The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter -authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such 19 rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 21. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 22. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 22884 20 23. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 24. Designation of Oualified Tax -Exempt Oblictations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the 22884 21 City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1991 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1991 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 26. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 22884 22 The Council then proceeded to consider and discuss the bids, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $1,015,000 GENERAL OBLIGATION PARK BONDS OF 1991, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,015,000 General Obligation Park Bonds of 1991 of the City, pursuant to Minnesota Statutes, Chapter 475, to provide money to finance the acquisition and betterment of parks, consisting of neighborhood and community parks, bicycle and pedestrian trails, and community ballfields (the "Park Improvements"); and B. WHEREAS, pursuant to said determination the City has caused an election to be held on August 15, 1989, at which the electorate approved the issuance of not to exceed $3,400,000 of general obligation bonds for the Park Improvements; and C. WHEREAS, pursuant to said authorization, the City has heretofore issued $1,730,000 of general obligation bonds (the "Prior Bonds") to finance a portion of the Park Improvements; and D. WHEREAS, the City has determined to issue an additional $1,015,000 in general obligation bonds pursuant to said authorization to finance the portion of the Park Improvements not financed by the Prior Bonds (the "Project"); and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of (the "Purchaser"), to purchase $1,015,000 General Obligation Park Bonds of 1991 of the City (the "Bonds", or individually a "Bond"), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 22821 2 2. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Park Bonds of 1991", shall be dated November 1, 1991, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on August 1 in the years and amounts as follows: Year Amount Year Amount 1993-1994 $30,000 2004-2005 $ 65,000 1995-1996 35,000 2006 70,000 1997-1998 40,000 2007 75,000 1999 45,000 2008 80,000 2000-2001 50,000 2009 90,000 2002 55,000 2010 100,000 2003 60,000 All dates are inclusive. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1992, calculated on the basis of -a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: 22821 3 Maturity Year 1993 1994 1995 1996 1997 1998 1999 2000 2001 Interest Rate Maturity Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 Interest Rate 0 5. Redemption. All Bonds maturing in the years 2001 to 2010, both inclusive, shall be subject to redemption and prepayment at the option of the City on August 1, 2000, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable " on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many-: numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such 22821 4 Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. 'in , Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 22821 5 8. Execution; Temporary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual'or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is November 1, 1991. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 22821 13 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 22821 14 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond r Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Park Bonds of 1991 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. 22821 15 (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $1,000,000. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Bonds; -(b) all funds paid for the Bonds in excess of $1,000,000; (c) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (d) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, not so transferred to the account of another project; (e) all investment earnings on funds held in the Debt Service Account; and (f) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into 22521 16 account any applicable "temporary periods" or "minor portion" made available under the federal 'arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). . 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Year of Tax Levy Collection 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 Amount The tax levies are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 22821 17 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. General obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he or she shall require, and to.obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 22821 18 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 22. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on.the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and .(4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected 22821 19 to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 23. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1991 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1991 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 24. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 25. Beadings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full 22821 20 PTnc ocrcTvrn $l.n30.000 A,n. TmnrnvemPnt Rnnds of 19Q1 krCOUNT NnRWECT INVESTMENT SERVIr.FS 5.15% 1993/97 t1n.On0:n0 MFOPILL IYNCH CAPITAL MKTS. 5.3 1998. t5?Q,71n.63 0^^rican Natinnal Rank & Trust 5,.45 1999 vette Rank 5.60 2000 .n & Mnody Tnc. 5.75 2001 Mi11Pr Schrneder Financial 5.9 2nO2. . Dakota County State Rank 6 2003 PIPER JAFF.RAY & HnPWOOD TNC. Allitnn Williams Co. Robert W. Raird & Co. Summit Investments nouaherty Dawkins strand & Yost F B C TNVESTMENT SERVTCES Robert Peterson Co. DAIN BOSWORTH INC. Cronin & Company Miller Johnson Kuhln Moore Juran Inc. DEAN WITTER REYNOLDS CO. Prudential Bache Securities Lehman Rrothers Bear Stearns Securities 6.1 2004 6.2 2005 6.3 2006 6.4 2007 6.5 2008 6.6 2009/10 5.25% 1993/96 5.30 1997 5.40 1998 5.60 1999 5.70 2000 5.80 2001 5.90 2002 6 2003 6.10 2004 6.20 2005. 6.25 2006 6.3n 2007 6.40 2008 6.50 2009/10 5 1993/95 5.10 1996 5.25 1997 5.40 199R 5.50 1999 5.60 2000' 5.75 2001 5.90 2002 6 2003 6.10 2004 6.20 2005 6.3n 2006 6.40 2007 6.50 2008 6.60 2009 6.70 2019 5.40% 1993/98 5.50 1999 5.7.0 .2000 5.80 2001 5.90 2002 6 2003 6.10 2004 6.20 2005 6.30 2006 6.40 2007 6.50 2008 6.60 2009/10 5.30 1993/96 5.40 1997 5.45 1998 5.60 1999 5.70 2000 5.80 2001. 5.90 2002 6 2003 6.10 2004 6.20 2005 6.30 2006 6.40 2007 6.50 2008 6.60 2009/10 9,97.8.75 530.423.87 °.991.00 4 buk �� I 0-(�ek ak- 6.055% 6.063 530.331.63 6.062 8.912.00 533,094.50 6.094 9,799.00 533.965.88 6.104 P CITY OF MENDOTA HEIGHTS ,MEMO October 10, 1991 TO: Mayor, City Council and City AdminisG4 FROM: James E. Danielscqx Public Works Direc SUBJECT: Sewers, Water, treets Bridgeview Shores 3rd Addition Job No. 9110 Improvement No. 91, Project No. 5 DISCUSSION• Bids were opened for the Bridgeview Shores 3rd Addition project today, Thursday, October 10. Five bids were received with the low bid being $138,922.50 by Excel Utilities of Lake- ville. The Engineer's Estimate was $150,000 so this bid is under the estimate. Excel Utilities has not done any previous work in our city, so I checked with other cities and was informed that Excel Utili- ties is a qualified contractor who does satisfactory work. RECOMMENDATION: I recommend that Council accept the bids and award the contract to Excel Utilities Company, Inc. of Lakeville. ACTION REQUIRED: If Council wishes to implement the recommendation they should pass a motion adopting Resolution No. 91- , RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5). JED: dfw City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ACCEPTING BIDS AND AWARDING -CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORK SEDER AND STREET CONSTRUCTION TO SERVE BRIDGEV113N SHORES 3RD ADDITION (1KPROVEE4ENT NO. 91, PROJECT NO. 5) WHEREAS, pursuant to an advertisement for bids for the proposed con- struction of sanitary and storm sewer, water and street, curb and gutter improvements to serve Bridgeview Shores 3rd Addition and adja- cent areas (which improvements have heretofore been known and desig- nated as Improvement No. 91, Project No. 5), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER Excel Utilities Company, Inc. Lakeville, MN Burschville Construction, Inc. Hanover, MN F.F. Jedlicki, Inc. Eden Prairie, MN Ro-So Contracting, Inc. Centerville, MN Ryan Contracting, Inc. Burnsville, MN and AMOUNT OF BID $138,922.50 $142,551.00 $143,437.50 $156,747.50 $166,713.50 WHEREAS, the City Engineer has recommended that Excel Utilities Compa- ny, Inc. of Lakeville, Minnesota, be declared the lowest responsible bidder. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the bids for the project are hereby received and ac- cepted. 2. That Excel Utilities Company, Inc. of Lakeville, Minnesota, is hereby declared to be the lowest responsible bidder. 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of the bid for the above described improvements to Bridgeview Shores 3rd Addition of Lakeville, Minnesota. 4. That the City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been.signed. - Adopted by the City Council of the City of Mendota Heights this 15th day of October, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO October 10, 1991 TO: Mayor, City Council and City Adminis 4r FROM: James E. Daniels Public Works Dire SUBJECT: Easement Vacation Kensington Manor Homes DISCUSSION• When construction began this summer on the latest manor home, the existing manor homeowners felt that it was located too close to one of their homes. They contacted City Hall and re- quested that the building be moved easterly and Centex agreed. It was moved approximately 10 feet easterly which put it over a lot line. A new lot line was created within the Kensington Planned Unit Development Phase II approval enclosing the new building location (see attached map) however, there was an ease- ment along the lot line that was encroached upon and that easement needs to be vacated by the City Council. RECOMMENDATION: The manor home building located on Lot 5, Block 2, Kensing- ton PUD was moved by Centex at the City's request. I recommend that the easement along the old lot line that is now encroached upon by the building be vacated. ACTION REQUIRED: Conduct the required public hearing and then if Council desires to implement the recommendation they need to a motion adopting Resolution No. 91- , RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT. JED:dfw City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS, the City of Mendota Heights is the current record owner of a drainage and utility easement as described as follows; The easterly 5 feet of Lot 5, Block 2, Kensington P.U.D, Dakota County, Minnesota, according to the recorded plat thereof. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minne- sota Statutes; and WHEREAS, a public hearing was held on said vacation on October 15, 1991, at 7:45 o'clock P.M. or as soon as possible thereafter, at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interest- ed in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the drainage and utility easement described above, situated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detri- mental to the health, safety and welfare of the community. 2. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in ac- cordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 3rd day of April, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Kathleen M. Swanson, City Clerk By. Charles E. Mertensotto, Mayor W, CEN'IEX HOMES Designed for lodav Built for foinorrow 19 September 19, 1991 Mr. Jim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MR 55118 RE: Vacation of Drainage and Utility Easement Lot 5, Block 2 Kensington F.U.D. Dear Jim: Centex Real Estate Corporation hereby requests vacation of the drainage and utility easement along the east side of lot 5 to accommodate the building shift as requested by the City. A replacement drainage easement will be provided along the easterly line of Outlot F, Kensington P.U.D. 2nd Addition. The legal description for the proposed vacation is (see sketch attached: The easterly 5 feet of Lot 5, Block 2 Kensington F.U.D., Dakota County, Minnesota, according to the recorded plat thereof. I am assuming the City will process this request without the need for any additional actions by Centex. Please contact me if you have any questions regarding this request. Sincerely, CENTEX HOMES Daniel A. Blake Land Development Manager DB3/danlson/cd Baker Technology Plaza, 5929 Baker Road, Suite 470, Minnetonka, 444 7 -CH 7 (setC /NE` A sheetIle 2o/.3.._ ��"' ` — '•+ _ EacAv.%t %4 To 6e. Q04C-41- d OuTLoT F — v—eAs,"e v,4 P.aD. 2Np 4' 9e;Q. Q3. . Loi Drainage 8 Utilty Easements are shown thus: 5—+�- --5 i� IV CITY OF MENDOTA HEIGHTS NOTICE OF HEARING ON APPLICATION FOR DRAINAGE AND UTILITY VACATION TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Mendota Heights will meet at 7:45 o'clock P.M. or as soon as possible thereafter on Tuesday, October 15, 1991 in the City Hall Council Cham- bers at 1101 Victoria Curve, Mendota Heights, MN, to consider a drain- age and utility vacation described as follows: The easterly 5 feet of Lot 5, Block 2, Kensington P.U.D, Dakota County, Minnesota, according to the recorded plat thereof. This notice is pursuant to City of Mendota Heights Ordinance No. 302. Such persons as desire to be heard with reference to the pro- posed easement vacation will be heard at this meeting. KATHLEEN M. SWANSON City Clerk CERTIFICATE_OF_COMPLETION_ OF PROCEEDING_FOR_VACATION_OF_A DRAINAGE AND UTILITY EASEMENT The undersigned, Kathleen M. Swanson, City Clerk of the City of Mendo- 71 to Heights, situated in Dakota County, Minnesota, hereby certifies that at a regular meeting of the City Council of the City of Mendota Heights duly called and held on the 15th day of October, 1991, in the City Hall of the City of Mendota Heights, at which a quorum was present, the following resolution was unanimously adopted, to -wit: WHEREAS, the City of Mendota Heights is the current record owner,of a drainage and utility easement as described as follows;' The easterly 5 feet of Lot 5, Block 2, Kensington P.U.D, Dakota County, Minnesota, according to the recorded plat thereof. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minne- sota Statutes; and WHEREAS, a public hearing was held on said vacation on October 15, 1991, at 7:45 o'clock P.M. or as soon as possible thereafter, at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interest- ed in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the drainage and utility easement described above, situated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detri- mental to the health, safety and welfare of the community. 2. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in ac- cordance with the applicable Minnesota Statutes. That in accordance with said resolution, said vacation proceedings have been completed. Dated: October 15, 1991 Kathleen M. Swanson, City Clerk City of Mendota Heights STATE OF MINNESOTA) ) S.S. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 17th day of October 1991, by Kathleen M. Swanson, City Clerk of the CITY OF MENDOTA HEIGHTS, a municipal corporation, on behalf of the said munic- ipal corporation. Notary Public My Commission Expires: This Instrument Was Drafted By: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 CITY OF MENDOTA HEIGHTS MEMO October 4, 1991 TO: Mayor, Council, City Adminis ra FROM: Klayton H. Eckles `� Civil Engineer SUBJECT: Storm sewer cost sharing for the Mendota Interchange highway project Job Number 8310 INTRODUCTION The State Highway Department (Mn/DOT) has been working on the final design for the Mendota Interchange Project so that construction can be started in the spring of 1992. The project involves extensive changes in the highway design of Highways 13, 55, and 110. As part of these changes, significant storm sewer construction will be required. Since Mn/DOT is constructing storm sewer in the area, and considering the fact that highways tend to channel storm water flows, it makes sense and is many times mandatory for the City to share in the storm sewer system costs. Mn/DOT has provided the City with a preliminary design of the storm sewer, and also a preliminary cost split for these improvements. The cost split proposal was somewhat of a shock to staff, and staff has been attempting to analyze the situation to present the Mn/DOT proposal to Council. This memo is intended to provide information on what Mn/DOT proposes and how we might respond to the proposal. DISCUSSION The Mn/DOT-proposal for storm sewer cost splits on the entire interchange project contemplates a City participation amount of $803,300. The attached letter from Mn/DOT details the cost slit between the City, County and State. It shows that the City would pay for 43% of the entire storm sewer system (not Including pond construction). This is 3 to 4 times as much as staff anticipated might be proposed. There are two general reasons for the high cost of the City participation. First, the overall Mn/DOT system is a very expensive one. Second, the methods which Mn/DOT uses to establish the City's contribution of storm water flow and cost participation are very conservative. Each of these issues will be discussed in detail. _r The total cost of storm sewer for this project is $1.9 million. This high cost is brought about by several factors. * Probably the most important is that most of the water must be carried down the bluffs into the river valley. Any construction along the bluffs is very expensive. * Another reason for the high cost, is the limited space available for ponding. Mn/DOT must acquire right-of-way anywhere that a pond is constructed. This severely limits the areas of ponding available to the State. If the interchange wasn't constructed, the City might obtain land for ponding in more ideal locations as vacant areas develop. * The significant changes in alignment and grade which this proiect would create also add to the difficulty in storm design. If the highways were not constructed, the City storm water might be routed to different locations or via a less expensive route. The second reason for the proposed high City storm water cost participation, is that Mn/DOT is being very conservative in its estimate of how much storm water the city will contribute to the system. * The analysis presented to staff assumed maximum development potential for all the land in the area. * The analysis assumes there will be no ponding on any land outside of the Mn/DOT right of way. — • The analysis includes the cost to serve the cemetery land in the City with storm sewer, which does not benefit the City in any way (cemetery land is exempt from all City assessments and taxes). In addition to the issues discussed above, staff also questions some of the basic premises used in the Mn/DOT cost split methods. Taken by itself, the "contributing flow" method of cost splitting is fair. However, looking at the restrictions and difficulties that this project would create for the Mendota Heights storm system, the method may not be appropriate. Looking at the areas to be served by this project, and the cost of serving these areas with storm sewer, it becomes apparent that the Mn/DOT system is much more expensive than a typical city system. For example, the area around the Big Wheel site is about 15 acres in size and the Mn/DOT plan would cost over $200,000 to serve it. This is roughly $13,000 per acre. A typical city project typically is less than $6,000 per acre. It could be argued that the City's participation should be based on benefit, which means the Mn/DOT project should not cost the City any more than if the city did its own storm sewer system: Any more than this is no benefit to the City. A comprehensive preliminary design for storm sewer in the area surrounding the interchange would be needed to determine the benefit to the City. If the City were to develop a preliminary design for the entire area, this could be used to determine how much the project benefits the City, and also how the City and Mn/DOT systems could be designed so that both the City and the State systems are optimum design (the State system does not necessarily take design costs into account which are outside of the State right-of-way). A preliminary design might designate future ponding sites in undeveloped areas. The use of detention ponding sites could greatly reduce the need for the City to utilize the Mn/DOT system. Also a preliminary design might determine that there are areas that could be served by storm sewer without any need for Mn/DOT storm sewer capacity. To sum up, Mn/DOT has come up with the most cost effective method of providing itself and Mendota Heights storm sewer, within the restraints of the Mn/DOT right-of- way, and assuming worst case storm flows from us. The City might realize very significant cost reductions by coming up with a preliminary design that reduces future storm flows and develops a storm system that works best for us. PROFESSIONAL ASSISTANCE We feel that we need to work with Mn/DOT to attempt to achieve a significant reduction in the proposed City's storm water contribution for the Mendota Interchange Project. Although City staff does complete normal storm water designs in-house,, we do that without the benefit of computers to model the results and we do them infrequently on an as needed basis. In working with Mn/DOT officials to attempt to reduce the City's contribution we will be dealing with hydraulogy experts from Mn/DOT. We feel that because of the high dollar stakes involved with this issue, that the City should hire professional experts to assist us. We have spoken about this issue with Barr Engineering, a firm that specializes in hydraulogy about representing the City in our efforts to reduce Mn/DOT's bill. We selected Barr because they are the Lower Mississippi River Water Management Organization's (WMO) engineer and are currently completing the City's Watershed Management Plan, and therefore are experts who are already very familiar with the City and its hydraulogy. Barr feels confident that they would be successful in assisting the City to have Mn/Dot reduce its charges by a significant amount. Barr gave us an informal quote for a fee as follows: Preparation for and meet with Mn/DOT and Strategize with City - 10 hours Develop City Plan - 120 hours Meet with City, Mn/DOT - 20 hours and Council to finalize a compromise Estimated total "Not to Exceed" cost of Services = $11,000 (see attached letter) RECOMMENDATION• I recommend that Mendota Heights reject Mn/DOT's proposal to charge the City $803K for storm water improvements for the Mendota Interchange project and that we hire Barr Engineering Company to assist us in arriving at a new, greatly reduced cost. ACTION REOUIRED: If Council desires to implement the recommendation they should direct staff to forward a letter back to Mn/DOT informing them that we reject their storm water funding proposal of $803K and offer to meet to attempt to work out a s compromise. Council also needs to authorize staff to prepare a formal agreement with Barr Engineering for a professional services contract with a "not to exceed" amount of $11,000. KHE : dfw Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 July 9, 1991 Mr. Tom Lawell Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Lawell: Reply to Oakdale Telephone No. 779-1187 SUBJECT: S.P. 1901-113 (T.H. 13) etc. Roadway, Trail and Storm Sewer Design And Cost Participation We have completed our estimate for cost participation for the "Mendota Interchange" project. Enclosed is a map of the drainage areas, and two charts, one showing the roadway cost breakdown, and the other showing the drainage cost breakdown. Estimated roadway costs are for 409 of a 6' walk along the north side of �e north frontage road and 30% of an 8' trail along the south side of the _jrth frontage road. Costs for the construction of trunk storm sewers were apportioned to each party, based upon the ratios of contributing flows; except for trunk sewer costs for C.S.A.H. 31, which were apportioned in accordance with state -aid policies. Mn/DOT was assigned the full cost for all catchbasins and leads; except for those costs on C.S.A.H. 31, which were split at a ratio of 55% County and 45% City. Mn/DOT was also assigned the full cost for the construction of detention ponds, which is contrary to our general policies, but was done in order to reduce the City's total cost. The figures from both charts show a total estimated cost to Mendota Heights, of $824,218.07. This does not include a percentage of our mobilization and traffic control costs. It also does not include any sanitary sewer or water line costs which the city of Mendota Heights has requested Mn/DOT to build. We will supply you with more detailed costs when the plans are finalized. Mendota Heights involvement with the project occurs in both Stage One and Stage Two for drainage and mostly Stage Two for walk and trail construction. Stage One bid -letting is scheduled for February 8, 1992 and Stage Two for January 22, 1993. A resolution requesting Mn/DO to include the City's proposed improvements in our construction plan, will be required. _ncerely c Bruce Libby , Detail Design roject Manager Enclosure: Wr MENDOTA INTERCHANGE DRAINAGE FACILITIES COST PARTICIPATION - PRELIMINARY ESTIMATE FIRST STAGE LETTING DATE 2-28-92 Mendota Height 26,858 Dakota County, 32,854 Mendota Mn C_S_A_H_ 31 C.B. & Leads Mainline Trunk Sewer 77,932 2,182 104,790 35,036 r_H_ 55 To Pond "B" Sewer 266,000 152,000 Kainline Trunk �.B. & Leads "B" "D" 80,000 Pond to Pond Sewer 202,000 80,000 Mainline Trunk 572,790 35,036 312,000 + Eng. x 1.08 x 1.08 x 1.08 Stage 1 Subtotal 618,600 37,800 336,960 3EC0ND STAGE LETTING DATE 1 - 93 34,000 56,000 Wetland #3 to Dry Pond "E" Sewer Mainline Trunk I.B. & Leads 40,000 Qry Pond "E" to Pond "A" Sewer 53,000 220,000 lainline Trunk I.B. & Leads I 70,000 Pond "A" to Minnesota River Sewer 84,000 30,000 173,000 Mainline Trunk I.B. & Leads 60,000 171,000 30,000 619,000 + Eng. x 1.08 x 1.08 x 1.08 Stage 2 Subtotal 184,700 32,400 668,520 Stage 1 and 2 Total $803,300 $37,800 $32,400 $1,005,50 +Detention pond construction and culvert installation costs not included_ (100% Mn/DOT costs) b'rr ET#wing Company 71 antoyRoad Minneapolis, MN 554383123 6121830-0555 6121835-0186 (Facsimile) October 11, 1991 Mr. Jim Danielson Mendota Heights Public Works Director 1101 Victoria Curve Mendota Heights, MR 55118 Dear Jim: This letter summarizes the work scope and cost estimate for engineering work we propoie to do in regard to the MnDOT Mendota interchange storm water assessment. The objective of the proposed work is to identify an appropriate methodology to reduqe the City's share of the costs of the storm sever work related to -the Mendota interchange project. Because the scope of work will be dependent on the results of a proposed meeting with MnDOT concerning the..assumptions and formulas used in the assessment (Step 1), the detail of*,the scope will be kept minimal. Three steps are proposed to meet the de:s*ired objective. These steps and Barr Engineering Co.'s estimated costs are shown below: 1. Representatives of Barr kiigineering Co. will meet with City staff and appropriate persons from MnDOT to discuss the assessment formula used and options the City may have to reduce the City's share of the cost of the -storm sewer system. Data pertaining to the planned drainage system and the assessment will also be gathered at these meetings. Estimated cost: $1,000. 2. Develop a detailed computer model of the drainage system. This model will be used to examine various -proposed drainage options that could reduce the City's share of the cost cif the MnDOT system. It is assumed that three options will be examined in this step. A cost estimate, including Mendota Height's share of the total costs will be developed for each option. The actual cost sharing methods used will be dependent on the results of the meeting in Step 1. Estimated cost: $7,400. 3. This step includes the completion of a short report on the results of the study (approximately 10-15 pages) and a*presentation to the City. The City will select the option which offers the best ;'solution to the problem. A meeting between, representatives from 75mn - n-- 1 Mr. Jim Danielson Octob<ir* 11, 1991 Page 2 Barr and the City staff will also be included in this step. Estimated cost: $2,600. We understand that the schedule for this project is tight. Therefore, we will commence work on this project once approval is given to us by the City. it is proposed that Barr Engineering Co. will perform the above work on the basis of time and expenses with a total billing not to exceed $11,000. Barr Engineering Co. will notify the City before work continues if it is anticipated that total billings will exceed $11,000. Thank you for giving us the opportunity to work with you an this project. If you have any questioni, please contact Tim Anderson or me. Sincerely, nnisE. Palmera Vice President DEP/kmb 0010310911JD.LTR 600*39Ud 9 NIN33NI9N3 NNH9 WONA R R : R T A . T T I -)n CITY OF MENDOTA HEIGHTS MEMO October 11, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Local Board of Review Process INTRODUCTION: At the urging of Dakota County and its cities, the Minnesota Legislature recently adopted legislation which allows for a more streamlined property assessment review process. Dakota County has prepared a description of how the new process would be implemented, and we must now consider if we wish to be included. BACKGROUND: Unlike many counties in the state where each individual city is responsible for the task of determining property valuation for purposes of taxation, in Dakota County these duties are performed by Dakota County staff. In many respects, this arrangement is a great example of intergovernmental cooperation, as it saves needless duplication of this function within each Dakota County city. Under this arrangement, each individual city is still expected to conduct a Local Board of Review meeting once each spring. As you are aware, this meeting requires the County to physically transport all Mendota Heights property records from Hastings to Mendota Heights, to be able to answer specific questions which arise during the Local Board of Review meeting. The progression of the meeting typically begins with the Council convening the meeting, followed by some very brief general comments by a representative of the Dakota County Assessor's Office, followed by a series of one on one meetings between the Dakota County Assessors and the concerned citizens. Depending on the size of the crowd present, this last step could take anywhere from one to four hours. Experience by the cities and County has shown that this waiting period is very frustrating for those in attendance. In addition, the process of conducting 34 annual Local Board of Review meetings throughout the County is less than an efficient way of providing Dakota County residents an opportunity to review their valuation calculations. For these reasons and others, the County and cities within the County advocated for a more streamlined process, which was subsequently adopted at the last Legislative session. DISCUSSION: Attached please find a packet of material prepared by Dakota County outlining how a modified Board of Review procedure would work. Rather than reiterating the rational for such a modification, I refer you to page four of the packet which nicely summarizes the issue. Please note that the revised procedure in no way eliminates the ability of the City Council to recommend to the Dakota County Board of Equalization that adjustments be made in the valuation of certain properties. You may recall Council recently recommended to the County that property values in the Furlong area be adjusted, and the County Board of Equalization granted that request. The City retains the right to make similar requests in the future under this new procedure. Please also note that the City's election to participate in the new process is described as "permanent". This clause was included in the law to prevent the confusion which could be caused by some cities fluctuating back and forth from the current procedure to the new procedure on a periodic basis. From a purely administrative viewpoint, this restriction seems to make sense. In terms of convenience to City residents, the process appears to be greatly improved. Although the Local Board of Review would no longer be held in conjunction with a City Council meeting, the County intends to schedule their "Open Book" Review meetings as usual, including several in the northern half of the County. In addition, the new law, for the first time, allows the actual Dakota County Board of Equalization to convene meetings in a location other than the County seat, Hastings. Once the Dakota County Library is complete in West St. Paul, it is likely the board will meet perodically in that facility. STAFF RECOMMENDATION: Based on the enclosed material, and the enhanced resident convenience afforded under the new process, I recommend that the City elect to participate in the revised board of review procedure as allowed under Minnesota Statute 383D.73. ACTION REQUIRED: Should Council wish to adopt the staff recommendation, a motion should be made to adopt Resolution 91- , A RESOLUTION APPROVING THE TRANSFER OF BOARD OF REVIEW DUTIES TO THE DAKOTA COUNTY BOARD OF EQUALIZATION. MTL:mlk ' [DAKOTA COUNTY DAKOTA October 3, 1991 Mayor Charles Mertensotto City of Mendota Heights 2371 Rogers Ave Mendota Heights, Mn 55120 Dear Mayor Mertensotto: MENT CENTER 1590 HWY. MARVIN A. PULJU ASSESSOR (612)438-4200 MINNESOTA 55033 Last year the State Legislature enacted legislation which provides an opportunity to improve the assessment and review process in Dakota County. This legislation was sought by the Dakota County Board of Commissioners with the written support of Burnsville, Eagan, and Rosemount, and the verbal support of many other cities and townships in the county. Since 1970 all assessments of real and personal property in Dakota County have been handled by the County Assessor, unlike most other counties in which many cities and townships must also undertake assessment functions. I believe this has been a remarkably cooperative relationship, and one that can serve as an example for others as they, discuss opportunities for local government to consolidate services. The new legislation permits cities and townships to streamline the valuation process for taxpayers, by providing them convenient opportunities for discussions with assessors and enabling them to present their issues directly to the final decision-making entity - the County Board of Equalization. Such action would eliminate the local board of review, and would remove an "extra step" in the valuation process. We believe this has been frustrating and inconvenient for taxpayers, widely misunderstood, and costly for all of us to administer. I believe there are•benefits to all from eliminating the local boards: * Taxpayers would not have to wait long evening hours to review their concerns with County Assessor staff. Instead, they could appear or schedule appointments at their convenience, day or evening. * City Councils and Town Boards would no longer be required to hold Local Board of Review meetings. Opportunities for citizens to comment about tax rates would be preserved J through Truth -In -Taxation hearings, and valuations would still be appealed to the final governing board, the County Board of Equalization. * The County Board of Equalization will become more accessible to taxpayers: It can now meet at various locations around the county anytime during April, May, or June. Previously state law required the Board to meet only in Hastings and only during the last two weeks of June. * We can reduce taxpayer frustration, and the Assessor can deal with the valuation concerns of citizens rather than their annoyance with the process. Overall, the County -wide Board of Equalization would better accommodate the needs of our constituency and would be a more efficient system. I believe it would be another significant step toward more efficient local government in the county and would further demonstrate our commitment to local government cooperation. Therefore, it is our hope that you exercise your right to transfer the duties of the Local Board of Review to the County Board of Equalization. Please note that, according to the statute, "A transfer of duties as permitted by this section is permanent and must be communicated to the county assessor before December 1 -of any year to be effective for the next year." During our discussions with city managers and administrators, it was suggested that we develop the enclosed resolution for your use. I have also enclosed a brief paper outlining the issues in greater detail. If you have any questions, or would like to meet with me in person, please do not hesitate to call. Thank you for your consideration. Sincerely, M ruin Pulj Dakota Coun y Assessor cc: Thomas Lawell, Administrator Background Information Boards of Review/Equalization Dakota County Demands on the board of review/equalization process have greatly increased in recent years. Increasing property values and rapid growth in both the number of parcels and the population of the county have contributed to a tremendous strain on the system. In Dakota County, attendance at local boards of review and the County Board of Equalization has increased dramatically in recent years, with a peak of 3,300 attendees in 1990. Recent changes in the State's tax laws will likely maintain or increase the level of interest. Therefore, we thought it was time to reconsider ways to handle such attendance more effectively. There are no assessors employed by the local communities, and the entire assessment cost is a responsibility of the County. County Assessor's Office personnel are solely responsible for establishing market value on all real property (approximately 105,000 parcels). The same staff members attend all thirty-four (34) local board of review meetings, as well as the County Board of Equalization meetings, to meet with county residents and answer questions. It is still the intention ntion of the County to continue the "open book" informal, meeting process. These meetings are held in various locations.throughout the county, and have allowed easy access for the public. Currently meetings are required to be held in all thirty-four taxing jurisdictions during the months of April and May. Typically these are evening meetings for the convenience of the Board members and taxpayers. However, many taxpayers work evenings, thereby making attendance a hardship. It is not uncommon to have between 200-500 taxpayers in attendance at a Local Board of Review meeting. The volume of inquiries, along with the limited available time to review them, makes this system both inefficient and costly. It simply is not feasible to handle 3,300 taxpayers during thirty- four evening meetings. It is not efficient, or safe, to transport up to 18,000 appraisal records to each local community as required by law. The time span between local boards and County Board of Equalization is not sufficient for our staff to complete the review process. Also, taxpayers do nuts. -have sufficient time to prepare evidence which may support their position. RATIONALE: The following are reasons why we believe it would be a good idea to have only one county -wide equalization board in Dakota County: 1. Currently it is difficult for the Local Boards of Review to serve people in a timely; efficient and structured manner in the allocated time frame. Also, for Assessing personnel to attend thirty-four Boards of Review meetings at various locations over a two-month period is demanding, costly, and an inefficient use of staff time and tax dollars. 2. Most of the cities and townships do not have the facilities to handle a large crowd of people, and it is difficult to conduct a structured and organized meeting in a few hours. Some of the meetings continue until midnight, and some people have waited four to five hours to talk to an appraiser. People often leave because they get•angry and tired of waiting. 3.• With large numbers of people attending, it is difficult to hold effective meetings and meet the objective of reviewing the current year's assessments. Sometimes the meetings take on a political tone, which the crowds resent, as a result, people become more difficult to deal with, even on a one-to-one basis. 4. The county -wide Board would operate during the months of April, May and June, giving,Dakota County residents an opportunity to schedule time to appear at the hearings. 5. The County Board of Equalization could hold their meetings in various locations in the county allowing easier access and time saving to the residents wishing to appear before the Board.• 6. Members of the County -wide Board of Equalization are currently appointed by the County Board of Commissioners. The appointed board consists of appraisers, realtors, and others who are knowledgeable about the real estate market in.Dakota County. 7. The extended time period of the meetings would allow more time to educate and discuss taxpayer concerns. 8. The reality is that few value changes have ever been recommended by the Local Boards of Review in Dakota County. Any change that might be made by local boards is subject to final review by the County Board of Equalization. The new legislation eliminates this duplication and allows the taxpayers a hearing directly before the final decision-making board. 9. The governing body or town board has the option to transfer the duties of the Local Board of Review to the County Board of Equalization. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION APPROVING THE TRANSFER OF BOARD OF REVIEW DUTIES TO THE DAKOTA COUNTY BOARD OF EQUALIZATION WHEREAS, the Mendota Heights City Council has been required by State Statute to establish a Local Board of Review; and WHEREAS, The Local Board of Review of the City of Mendota Heights currently meets annually to review the property assessments as established by the Dakota County Assessor for all properties within said city; and WHEREAS, said Local Board of Review meetings are often inconvenient for taxpayers and provide inefficient service to the public; and WHEREAS, taxpayers within said community must wait extended periods of time for a hearing at the Local Board of Review; and WHEREAS, the County Board of Equalization has previously been constrained by statute in location and days of meeting; and WHEREAS, legislation has been passed (M.S. 383D.73) which allows the governing body or town board of any home rule charter or statutory city or town in Dakota County to transfer the duties of the city or town Board of Review or Board of Equalization under Minnesota Statute, Chapter 274, to the County Board of Equalization; and •WHEREAS, said legislation requires that a transfer of these duties is permanent and must be communicated to the County Assessor before December 1 of any year to be effective for the next year; and WHEREAS, said members of the County Board of Equalization are appointed by the County Board of Commissioners, and said Board of Equalization is composed of appraisers, realtors and others who are knowledgeable about the real estate market in Dakota County; and WHEREAS, said County Board of Equalization is authorized to meet during the months of April, May and June giving residents an increased opportunity to schedule time to appear at hearings; and WHEREAS, said County Board of Equalization would hold their meetings at various locations in the county, allowing easier access and time savings to residents wishing to appear before said Board; and WHEREAS, the City Council of the City of Mendota Heights has reviewed the current Local Board of Review process and has determined said process could be improved by transferring said review process to the County Board of Equalization. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby authorizes the transfer of duties from the Local Board of Review of the City of Mendota Heights to the County Board of Equalization. Adopted by the City Council of the City of Mendota Heights this 15th day of October 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk Sec- 2 1383D.731 ASSCSSIFIENT I EVIGIV. Tlie ftovernit body or town board'of any home rule charter or statutory city or town in ikota counLv in:tv trR:sr�.+. el. .Ti e! -'-r mm all; any year to at Sec. 3. LI'Ii I:C I'I V L• DATE. 1)urstlant to Minnesota Statutes section 645.02,1 subdivision 1 ciausc a) this act cet t ie (:ly a ler uia en ictmeut Presented to lie governor May 31. 1991. Approved June !, 1991. • y N