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1985-12-17� 1. Call to Order. 2. Roll Call. � CITY OF MENDOTA Iii:IG1iTS DAKOTA COUNTY, MINNESOTA SPECIAL PRE-MFETING AGENDA DECFMI3ER 17 , 1985 7:10 P.M. 3. City Administrator 1986 Salary Discussion. 4. Adjourn. l. Call to Order. 2. Roll Call. REGULAR MEETING � 7:30 P.M. 3. Agenda Adoption. \ 4. Approval of Minutes, November 19, December 3. , � 5. Consent Calendar: a. Acknowledgement of November 12 Park and Recreation Commission Minutes b. Acknowledgement of December 12 Planning Commission Minutes. c. Approval of Retroactive Administrative Action Regarding City Newsletter of December 3. d. Acknowledgement of AMM Legislative Policies. e• Acknowledgement of inemo on Liquor License information. f. Approval of the List of Claims. G�va-�P.aG-Q�e -�r�. g. Approval of the List of Licenses. End of Consent Calendar. 0 6. Introductions a. Public Service Awards to City Employees. 7. Public Comments. 8. HEARINGS: a. Yorkton, IDB Use - 7:3Q P.M. (Resolution No. 85- 99)., b. Case No. 85-30A, Marriott Corporation, Application for Conditional Use Permit (Recommend Approva]_ - Resolution Vo. 85-100). 7:45 P.M. �- `( a. AK� b- .�,�� . , �- 0 December 17, 1985 City Council Agenda Page Two . 9. Unfinished and New Business � � .� a. Case No. 85-30, United Properties, Application for Subdivision. (Recoam�r�nd approval - Resolution No. 85-101). b. Marriott Corporation Building Permit Request. (These last three item�s are detailed under one cover memo and two resolutions). • c. United Properties Building Permit Request (for 3 buildings). d. Agreement with Divine Redeemer on Ambulance Housing. (Mr. Miller will be present). " e. Case No. 85-10, M.H. Associates - Presentation of Revised Concept. f. Tandem Feasibility Report for Copperfield Subdivision (Resolution No. 8�-T02). �: g. Street Lighting Policy (tabled from December 3rd). h. Delinquent Sewer List (Resolution No. 85-103 available Tuesday eveniiag)_ i. Review of Information on Computer Bids. j. Permanent Employment Status of Civil Engineer I. ---� k. Pay Adjustments for Non-organized Employees. � l. Amendment to Fire Marshal Consulting Services Agreement. m. Revised Personnel Code (Resolution No. 85-104). 10. Council Comments and Requests - . 11. Closed Session to Discuss Lawsuit and Wachtler Property Offer with City Attorney. 12. Adjourn. � `� T , - - -.. �. . _ .� Case"No-: '�*��'"—:3 G�ii CITY 0�' MGNDO'1'A HEIGIiTS DAKOTA COUNT`I, MINNFSOTA � APPLZCATION FOR CONSIDERATION OF .PLANNING REQtJEST �` . . - � •- ° • . � Date of AppJ.ication /.�- y1 a' J� Fee Paid�-5/�'a `� Applicant � • Name: M rr i�-t orROr t�'�_o� LasC FirsC Initial Address: Marriott Drive Washi�gton, D C' ' 2�Cl�£' Number & S�reeC City State. ?ip Tele hone Numl�er : � - P 3a1-897-73�1 , . Owner Name: Uri i ted Propert i�s Last First _ Initi.al Address: 350Q Wesi' &Oth St�et _ M i�n .��ap� I i s .�� nnA��_ �.5d; ) Number & SCreeC CiCy SCate Zip Street LocaCion af Property in Question: Northland Drive approximafiely 600 feet east of Pilot Knob. Legai Description of Property: Lafi 2 and the wester(y 7�,80 feet of Lat 3, Block 6, Mendota Heiqhts Industri - " _ Park " - Type of Request: Re zon in g X Variance ' x Conditianal Use Permit ' Conditional Use Permit. far F.IT.D. :�finor CondiCional Use Permit Subdivision Apgroval .. P1<�n Approval 4detlands Permit Ott7er ' 25 ft. Front yard se#�back for Parfie Cochere (40 ft. by ardinance) �2 Ft. Rear yard buildinq se�back {SO �1-. by ordinanc�? - Siqn square faotaqe from i00 square f�e1� to 230 s9uare feet ' CITY OF MENDOTA HEIGH'fS MEMO T0: Planning Commission FROM: James E. Danielson and Public Works Director December 5, 1985 Paul R. Berg Code Enforcement Officer SUBJECT: Case No. g5-30A, Marriott Corp. CUP and Variances and Lot Division INTRODUCTION Marriott Corporation is proposing to construct a Courtyard Hotel containing approximately 150 rooms. The hotel will also have a 40-seat restaurant that serves liquor. The City is presently modifying its liquor ordinance to r� accommodate the Marriott's Courtyard concept. DISCUSSION The facility is to be located in the City's Industrial Park. Hotels and restaurants are allowed in I zoning under the zoning ordinance as a conditional use permit. The proposed facility, from what staff can determine, is of exceptional quality, and would be an asset to Mendota Heights. Marriott desires to have the facility located as near as possible to the Pilot Knob Road exit from I-494. The first lot adjacent to Pilot Knob Road is a ``�". long, thin lot that would not accommodate the facility. This lot is being reserved for one or possibly two full service restaurants to accommodate patrons of the Courtyard facility. The facility is being planned to be constructed on the second lot in. That lot was not quite large enough to accommodate the hotel, therefore a lot split needs to be considered for approval to include adding 72.8` of the adjoin- •. ing lot to the east. During staff review it will be necessary to also consider several variances. The variances are as follows: 1. The Porte Cochere overhang is 25 feet from the front lot line. Minimum front yard setback in the I zone is 40 feet. A 15 foot variance needs to be considered. 2. The building rearyard setback is shown to be 42 feet. A minimum of SO feet is required, therefore an 8 foot rearyard variance has been requested. 3. The minimum setback for parking lots or driving surfaces is 10 feet. The site plan shows a 5 foot setback on the south property line adjacent to the freeway, thus creating the need for a 5 foot setback variance. 4. It was indicated to staff during a meeting with the applicants that in order to have a pylon-type sign visible from the freeway, they would need to exceed our 25 foot maximum pylon sign height. At present, staff has not been provided with a pylon sign size or height. - 2 � They also intend to have a ground sign located at their front entrance off af Northland Drive. The size"and locaCion af that sign have not yet been submitted. ACTION RBQUIRED Conduc� a public hearing to cansider a conditional use permit to allow canstruction of a Marria'tt hotel and restaurant aC 1352 Northland Drive. The Commission also needs to consider a lot division (public hearing tabled from the November 2bth Planning Commission meeting). After conducting the hearings, the Commissian needs to consider the several variances requested and then farward a recommendation ta the City Council far Cheir consideratian at their December 17th meeting. -:z: NOTE: 0 Paul Kaiser, Fire Mazshal has reviewed the plans and has no cancerns oCher than that the proposal has adequate water services. The Police DepartmenC has also reviewed the plans and has no objection to the graposal. � ? =Y ' :�;_r. : �4 JED/PRB :madl.r s CITY OF MEDNDOTA BEIGHTS CO!lPUTER EQUIPMENT AND SOFTWARE REQUEST FOR PROPOSAL BID TABITLATION The following bids were received by me by or before 1:30 PM, December 6, 1985, at the Mendota Heights City Hall and beginning at �' ��—_______, each bid was opened and tabulated. : � :• � �� � ; .� • � . 1. .� .E�/I� �� �0�, oG 2 , ��L �2 ��O . Do � 3 . ,��1�//l/��� 4, e i �� 5. � �--�'J�( T�r /r 1' '� � � .�/7L Tlrrr a T �P � 6. 7 . /i%GS � sa �fwo.F � ��s 7� �.� /„ ) � �— 8 . �� . � /✓ �G 'Q.� {-Pr 9. [-�'�itlPu i7� sc,2 U< < C y.� �. � . 10. '„ _ ��iilv7� - 11. �il � � ��fr c� SS' �S, -LrVC � 12. /v �J� � °o �� 995. ao 3� �9"9 7 s� ����� . , � 7�,?, d0 ° c >�,(�S� 8� ..3/-> OG� .�'u � �. a�9a, dd 'i ��oD,�O s °a � �? 0 0 � S °� 8'6; 0�8, o J .��v �o?� Dv �� o �'�D , d D 1��°v �/ 99.� s� as9�, �� Attest: Date: . L � � { R hy Swanson City Clerk City of Mendota Heights, Minnesota =� �3 CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D, ra� 1� Cit A inis�rator Y SUBJECT: Salary Request for 1986 Dec�nber 9, 1985 My salary request for 1986 is $43,500, an increase of $3,000, or approximately 7.5% over my current salary of $40,500. Attached is a copy of the page from the 1985 Stanton salary survey for the position of City Manager/Administrator in metropolitan cities of 10,000 , population and below. I have drawn a line at the 5,000 population level, since our past practice has been to compare ourselves to cities in the 5-lOK range. Within this group, I have also struck over those cities where the position of Administrator is coupled with Clerk or Treasurer. That leaves a list of eight cities, with an average 1985 salary of $41,825. Assuming that most of them will be extending a 4% annual increase, the 1986 average would be $43,498. I request the extra $200 as combat pay for the Riley apartment project! KDF:madlr attachment � an�iytsr.:ano EL 17 (ConlinueA! �on r+o, ea ,. 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Joh Mo, 6] CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D. Fr �% �� City Adm' s�ratb��' � December 9, 1985 SUBJECT: Ratification of Administrative Acti.on ort Use of City Newsletter � At the meeCing of December 3, Council voted to allow Mr. Jim Losleben, £iI5 Hazel Court, to place a statement cancerning the �outheast A"rea Study in the up- comin.g a.ssue of the iieights Hi].ites. Subsequent ta that meeting, the City was served with a Notice of Complaint on its action on the Southeast Area Study. Mr. Lasleben was among the plaintiffs of that complaint. I discussed this with each of you by telephone, and'there was a cancensus of the Counca.l that since Mr. Losleben was now a plaintiff in a potential lawsuit regarding this issue, it would be inapprapriate to have him using the City news- letter for this topic. Therefore, it was agreed that I should inform him that we woul.d noC be making the newsletter available for his use. � As provided by earlier Council action on December 3, a copy o� the City's sewer mailing list was made avaa.lable ta Mr. Lasleban for a private mailing. ACTIQN REt�UIRED � � �. Motion to retroactively approve the action of the City Administrator in deleCing the statement of Mr. James Lasleben fram the Wintez issue of the Heights Hilites. KDF:mad2r CZTY OF MENDOTA HEIGHTS December ].0, 1985 T0: Mayar and City Administratar FR4M: Kevin D. Fraze �,/� r� City Admin3�s at�r ��� '� SUBJECT; Recommendation on Permanent SCatus Appoi.ntment of Civil Engineer I, Klayton Eckles Mr. Klayton Eckles was agpointed by Council Iast summer ta the position of Civil Engineer I. He will be campleting his 6 month probationary period with the City effective Decembex 24; 1985. Attached is a memo from Public Works Director.Jim Danielson recommending that Klayton be given permanent status appoin�- ment. I concur in that recommendatian. Per aur gay pZan, an employee is entitled ta their f irst step increase with the end af the 6 month probationary periad. This means that Klayton will be going from $21,157 to $22,2�.5. It is recammended that Council also grant thaC pay increase. ACTTON REQUIRED Motion to approve the permanent status appointment of Civil Engineer I, Klayton Eckles, eff ective December 24, I985, and increasing his salary to $22,2I5. KDF;madlr attachment � CITY OF MENDOTA HEIGHTS T0: Kevin Frazell, City Administrator FROM: James E. Danielson Public Works Director SUBJECT: Klayton Eckles End of Probation DISCUSSION: MEMO December 10, 1985 Klayton began work for Mendota Heights on June 24, 1985, therefore his ��% 6 month probationary period will end December 24th. Durin� his probationary period, Klayton has demonstrated to me that he has the professional abili- ties, foresight and mature judgement to perform outstandin�ly in the Civil Engineer I position. He has a cheerful cooperative attitude that fits in well with the other City staff inembers. He has shown an exceptional profes- sional competence. Two exar.iples of his excellent work are the Yorkton and Tandem feasibility studies. RECOMMEIQDATION: , I most enthusiastically recommend that Klayton Eckles be appointed to a permanent full time status as of December 24, 1985. (Merry Christmas Klayton!) � CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council � / �1 1 FROM : Kev in D. F��ael l�• / City Adm�istrator December 10, 1985 SUBJECT: Final Adoption of Revised Personnel Code At the December 3rd Council meeting, I presented the proposed amendments to the Personnel Code and Council concurred that they should be prepared for final adoption on the 17th. Attached is a copy of the final Code as amended. The only substantative change from the copy that Council saw on the 3rd is that the first line supervisors (i.e., Public Works Superintendent, Police Sergeant) have been granted authority to give suspensions of up to one day. ACTION REQUIRED Motion to adopt Resolution No. 85- "RESOLUTION ESTABLISHING A PERSONNEL , CODE FOR EriPLOYEES OF THE CITY OF MENDOTA HEIGHTS. KDF:madlr attachment C .\ • r''= +�" CITY OF MENDOTA HEIGHTS .� MEMO December 10, 1985 T0: Mayor and City Council FROM: Kevin D ��e� City, ministrator SUBJECT: Pay Adjustments and Fringe Benefits for Non-organized Employees INTRODUCTION Attached are resolutions providing a 4% upward adjustment in the C.ity's Grade and Step pay matrix for nbri=organized employees, and a separate resolution setting specific January 1 salaries for full-time employees, the monthly compen- � sation for the Recreation Director, hourly rates for volunteer firefighters, and a maximum insurance contribution. It is recommendeS that Council pass these resolutions. DISCUSSION The 1986 budget, as adopted by Council in October, provides funds sufficient for a 4% annual pay adjustment for City employees. This is slightly above the Twin Cities consumer price index, which is running at about 3�%, but is equivalent 4 to what most of the metropolitan area suburbs are considering for 1986 salary adjustments. The first attached resolution revises the Grade and Step pay matrix, which was adopted by Council beginning for 1984. The second resolution sets forth specific January l, 1986 salaries for full-time employees, according to the pay matrix. The "target" salary for fully trained employees is Step E on the pay matrix, and most of those delineated in the second resolution are at Step E. Exceptions are for Kimberlee Henning, K�ayton Eckles, and Tom Olund, who are at various other steps on the pay matrix, based on their years of service to the City in their current position. The position of City Administrator is not classified on the pay matrix. The figure included in the resolution is my request, as outlined in a separate memo. The resolution also provides a 4% increase £or Recreation Director Duane Selander, and a 25� per hour increase for the various categories of volunteer firefighters. This volunteer rate is also approximately 4%. Finally, the second resolution increases the City's maximum contribution toward insurance premiums from $155 to $160.per month. Again, this was the figure included in the adopted budget, and is the general contribution that other Twin City-suburbs seem to be considering. Actual insurance premiums went up very modestly this year, and the extra $5.00 will_pick up most of the increase. ACTION REQUIRED If Council concurs with the pay philosophies discussed above, it should pass motions adopting the two resolutions. KDF:madlr attachments Q%a CITY OF MENDOTA HEIGHTS � MEMO T0: Mayor and City Council FROM: Kevin D. Fraze � � City Administ December 11, 1985 SUBJECT: Mendota Heights Associates Multi-family Housing Development Proposal; Planning Case 85-10 and Bond Issue Introduction At the ►neetin� of ilovenber 19, Council gave preliminary approval to $10 million of multi-fami.ly housino bonds to finance construction of 148 apartment units by I�lendota Heights Associates. That resolution contained language specifying that Council retained full authority not to give final approval of bond issuance, "for any reason whatsoever, including, without limitation, the " failure of the Developer to submit to the City a development proposal in form and substance acceptable to the City, in its sole, absolute, and unlimited discre- tion." Mendota Heights Associates is submitting the attached concept, of two 74- unit buildings near I-494. I understand that they consider this to be one phase of their original proposal for 592 units in ei�ht buildin�s. Council will have to decide whether this concept is satisfactory to proceed with final bond issu- ance. t-� BackQround and Plannin� Process The original proposal for 592 units (reduced copy attached) was filed as an application for rezoning, planned unit development, and variance last May. The City was just beginning the Southeast Area Study, and declined to act on the proposal pending completion of the larger planning effort. In fact, the Planning Commission recommended denial in July, but after acting on the Southeast Area Comprehensive Plan amendments in September, voted ta informally endorse the concept. When the application came before Council in October, work was not yet completed by Council on the Southeast Area plan, so the ite;:l r�as tabled and has yet to be formally acted upon. As Council is aware, the adopted revisions to the Comprehensive Plan con- tained several restrictions and guidelines for development. Most important per- haps, is that any rezoning will be only to a specified planned unit development. A proposed ordinance incorporating these changes into the zoning code has been prepared by the City Planner, and a copy attached. The ordinance revision will be on the Planning Commission agenda of January 28th for a public hearing and Commission action. It will then be on the Council agenda of February 4th for a hearing and final consideration. The proposed ordinance specifies those factors that will be considered by the Planning Commission and Council in approving or denying a PUD application. For the most part, this languaoe is identical to the standards in the City's existing PUD code (Section 19 of the Zoning Ordinance). :> The M.H, Assoczates Proposal The original apglicatian for eight 74—unit buildings clearly is not consis— tent with the restrictions that Council u�timately adopted into Che Comprehensive ' Plan, and which wi.11 likely be included in the zoning`ardinance amendments. Whether the two units as currently proposed might be acceptable as a"stand alone" PUD, or as part af a larger PUD yet to be presented, is a policy decision to be made by the Planning Commission and Cauncil. However, in either case, iC � seems appropriate that the plan go back to Step 1 at the Planning Commission level ta be treated as a new applica�ian. I have attached a memo ou�lining the procedure to be followed, and a�so a copy of Section 19 of the zoning code, regarding PiID's. If.the Commissian and Council are relativeZy confident that the proposed zoning ordinance changes will pass as prepared, the M.H� Associates proposal cauld proceed simultaneously. The current proposal was before the Planning Commission for ske�ch plan review on December 12th. Jim Danielsan has a�tached a memo af the Cornmissian actian. ��� Decisions To Be Made � Council It is technically impossible for Council to act on the requested rezaning at the December 1?th meeting, since the zoning code is no� yet amended. However, Council is at the point where it must decide whether to praceed crith fina2 issuance af the multi—family housing bonds. To do so, Council will have to decide whether the developer is presenting "a develagment proposal in form and substance acceptable to the City," either as a stand alone PUD, or as a compone� of a 2arger PUD yet to be presented. �.��• Several issues have been raised about the procedures the City has follawed in the bond issue process, particularly the public hearing process. Also raised is the question af what to do if there is not an apparent fourth Council vote to ultimately rezone �he praperty. As directed, staff has secured the attached apinion from independent bond counsel. Actian Required To review the latest develapment proposal and decide whether Council is suffzciently satisfied to proceed with final bond approval. If so, a da�e for a special Cauncil meeting will have to be set. Staff wi11 be prepared by Tuesday night to suggest a date. KDF:madlr attachments � GITY OF MENDOTA HEIGHTS MEMO December 2i, I985 T0: Mayor and City Council and Planning Commission FRQM: Kevin D. Fr � Cit Admin' trat� � Y SUBJECT: Procedure far Consideration of Planning Cases Under New P�D Districts The new PUD zoning district ordinance prepared by Howard incarporaCes,by reference,the general procedures already contained in the City's Subdivision Cantrol and PUD ordinances. The current PUD ordinance references the procedures for conditional use permits (CUP's). Under the new apgroach, PUD apgroval and zaning become one and the same, so the procedures for rezoning would also apply. Therefore, the procedure ta be follawed should incarporate the pracedures for rezoning, PUD approval, CUP approval, and subdivision, all rolled into one. While there are some differences in the faur, the foliowing procedure should �enerally satisfy all requirements. The staff will work with individual applicants as their praposals are fi2ed. Step 1. The applicant, at his option, may have a pre-application meeting with the Planning �ommisszon to informaily discuss his proposaZ and abCain inEormal feedback. Step 2. At least 21 days prior ta the next regularly scheduled Planning Commission meeting, the applicant iiles a preliminary development gian application for the PUD rezoning. Materials to be included are as delineated in Sections 5.7, 19.4, and 19.6 af the.zoning ordinance. Step 3. The Planning Commission halds a public hearing, with both published and mailed notice. The Commissian then has up ta b0 days to make its decision and file a report with the City Council. Step 4. Within no more than 30 days of receipt of the report, the City Council holds a public hearing wi�h both published and mailed natice, After the hearing the Council can act ta approve or disapprove the autline p1an, wi�h or without modifications. No timeline for such action is spelled out in the Cade. Step 5. Wi�hin six weeks followin� approval of �he Preliminary Develapment Plan, the applicant files with Council a Final Development Flan. If the Plan is substantially the same as the approved Preliminary Plan, Council approves the Plan and the City Clerk files it in the same manner as a plat. Na�es: l. If no constructian begins within on� year oi Final Plat apgroval, the Plan lapses. . 2. Any substanCative amendments to the approved Final Plan would generally require following the same procedures outlined above. 3. Since the PUD approval is ane and the same as rezoning, a 4/S's Council vote tiaauld 6e required. , i -- ___\ ' � ( ( LL'ul I�♦ \ ..-,..: . ��� /� r� • �i� \` ,` . - `'� �I �\ \ � ��i�Y'�'Y�, '� , f . � / , `,\ � � / � �- _�� �� — __ _— _� \�� �_ � -'`; `t''� '\ '•ti S '�Or , ��i\��. 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I�� \ ��%/'/� � �� �� . � - - , � 1 \ `� \ �-hp� , i � � ; � -� J� '�.� � _ "�� \�•. � � ,-_ I 1 I I _`� ! � � r� i�Jr� �� � . ,�l ' ` - / _ ��\\ �' \ ``� -� - ��� , � /,� i� i� ��� t � �\ ,�' �; t �� � �� -`� - ♦ `\ '� i �--------- - -- �1\ `�pN i �\ /7 ��� � 1 , ,t - `.\ \\\\ . \ - \ � " \��\ I � 1F: . •` � � � � - � + / / ` � . � � \� ` � � � � �� � `��'r' �, • -s�o _ - I�i ����i � � �`� , � t � �� \ vo `. � ��' ��` \ 1 `\ � ' 1 � � .� �- / —� 1 � i \� � i t � � }, . . 1 ,� - � _ ,.� � � . � � � � i� � ..1� , ''7�l!�I ���-- �i''' -•----- �� I; � � � � ��� � � ,i � � �����.�,, ' �;� i ' 'n ♦�-����`bo�� � �. �i� "_ f %•' � � I � / /" •�� � \ \ � � � � �,� � '� • '�� � \� �I�__-`__ �� -' \ \fll� � . \ \ � �� \� -- / � ��v� .�I / ��11' ,YoO�` \ �\:�' � / ��� �• `� \ �s� / �, ,�� w ,,, `•v �!� � , _.►,•p - — � � �' - . 1� � � � ' � , � � ' 1 I , ' � r / � ` � `' i \ \\� o _ , � t/ .� �� , ' •.' • � ' � r . �-- r ._ �- -- • .� - '��' ` � ` 1� —�r���' —'11--- — — `T-- j-- 1 — � , I ORIGINAL PROPOSAL I i - �T— --- -�� — ^�`� � � ' � ` I ��� -- _- - - - • - — : =`,-� -� �— — � -��� 4� — �— � — � � � �� � � � I I � • � , . , � , � �\ , r �d' _ V'_i_ _ '.. _ _ T _,1 t Y � �` � �� / � `_� A _ • — �` ' ` `1 — � \��, � ' � e` � _ ��I \ � �' �' � t �� vv � �. � � 1 _ I \ �`� / �J _ J,� � i -"_;\��` ' •' ` �� � .,• � 1 � � � ' `l �"`' I \ i \!�T ` \ `.'� -.:" �. �;; , . �, � � �'' ,';, " � '''`� � --__ --' "� ��; S�? 2 � '��'s' ,o �� _ _ i . /' � �� \ �� '/,, �,.4'�� �;,• :�_ °�, .�,.,. A �,,. �_ .. __ .� � iz._ t ✓ I \ ��� '�t+� � �!'s(�R �aww. --.,--� -... _. .-.--- � REVISED SITE PLAN _ ..:.... ... . .�,-,- , � � :�, •�-r _ .._.. ..: . .. . �� �� �• , �. ,��.� - ;�r� ^ CITY'OF MENDOTA HEIGHTS December 11, 1985 T0: Mayor and City Council FROM: Kevin D. az��l�� City A inistjrator SUBJECT: Amendment.to-Fire Marshal Consulting Services Agreement When we retained Paul Kaiser as our Fire Marshal last April, it was decided to put him on retainer as a consultant, rather than on payroll as ��' a City employee. Attached is a copy of the agreement that Paul and the C�ty ' � �entered at that time. The 1986 budget as adopted anticipated that Paul would be receiving the same 4% increase in compensation as City employees. This would take him from his current $12.50 per hour to $13.00 per hour. A proposed addendum to the Consulting Services Agreement is attached and recommended for approval. ACTION REQUIRED �;, Motion to approve the December 17, 1985 Addendum to the Fire Marshal Consulting Services Agreement. KDF:madlr attachment FIRE MAItSHAL CONSULTING SERVTCES AGREEMENT ADDENDUM - DECEMBER 17, 1985 Section 3 of the Fire Marshai Consulting Services Agreement between the City of Mendota Heights and Paul M. Kaiser, dated April 17, 19$5, is hereby amended to increase the hourly rate of compensation �o $13.OQ, eff ec�- ive January 1, 19$6. Paul M. Kaiser, Consultant Date Kevin D. Fraze].1, City Administrator Date � � iy�� )'•SS ! CITY OF MENDOTA H�IGHTS MEMO December 11, 1985 � T0: Mayor and City Council �' . /� � � FROM: Kevin D. ���e�Ir ' � City Adm��r � �� /_ SUBJECT: Closed Session to Discuss Potential Lawsuit and Wachtler Property Offer �.,:: I have previously provided Council with a copy of the Complaint which we -- received last week challenging our amendment to.the Comprehensive Land Use Plan for the Southeast Area, and our processing of the Riley multi-family housing bond issue. It is recommended that as our f inal item of business on Tuesday's agenda, we convene a closed session to discuss this potential litigation and our response with City Attorney Tom Hart. We have also received a counter-off er from the SJachtler family for purchase of their property. We will discuss this issue with City Attorney Hart as well. KDF:madlr J ;: �::< CITY OF PIENDOTA HEIGHTS �-� - . MEMO December 11, 1985 T0: Mayor, City Council and City m`Rris�� FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Approval of Building Permits for 2433 and 2449 Transport Drive 1345 Northland Drive DISCUSSIOP� �:���`•{ Plans have been submitted to staff by United Properties for staff review in preparation for building permit approvals by City Council. United Properties is proposing to construct three new buildings in the Industrial Park. Two will be constructed on the Southridge Business Center Site, which will complete the three building site. Building B will be constructed on Lot 2, Block 1, which will contain 74,850 square feet. Seventy-five percent will be office area containina 56,138 square feet, 25 percent will be warehouse area containing 18,712 square feet. Building C.is proposed for Lot 3, Block 1. This building will be divided into 80 percent office area containing 22,570 square feet and 20 percent ware- house containing 5,643 square feet. The total building area for Building C will be 28,213 square feet. �,:r � The third building permit has already been reviewed and approved by City Council for a footing/foundation permit on October 16, 1985, for construction of buildi'.ng on lots 2 and 3 of ��endota Heights Business Center 2nd Addition. - The two story building for Cray Research on Lot 3, Block 1, was constructed following that approval and now United Properties is going to construct the • one story office/service building on Lot 2 of the Mendota Heights Business Center 2nd Addition. This building will contain 28,182 square feet and will be divided into 75 percent office area containing 21,137 square feet and 25 percent service area containing 7,045 square feet. RECOMMENDATION Staff would recommend approval of full building permit for all three requests subject to staff review upon submission of all required documents. ACTION REQUIRED If City Council wishes to implement staff's recommendation to approve the full building permits for the three buildings proposed, subject to staff review, it should pass a motion approving permits as requested. � PRB:kkh � '' l .. . +!!y:14 �et p tw 4�i�Mn�N.RtatN� 11. . n t N in.r.w� t�� l �;����� � «s *� .. . .�.4"� � vMi � .nt w »i N wraea �e+aa � _,�., ,.,� ., ,., ,. ,,., � . ....�.. <.......�. � nY. M�ea ww�� •I� M»1��aN.�.1 1 f. O�In u� �� �r� a�LE u� llJ+! 1�PSFf�S )LU9 ,: „��:ra•�.�. ..u..>,.. ..aN._ ,s„� ... .u.�� � uteaa. �. ,�..�m ���,,e, .,u, ,:,���;.� �.. � „�o, .�,�:;� ,-.�: �.�. _ i : � �� - ' s '. . � � .i—r U � � � w c a •� � � " c N m � � N � � Z �i- s Q ,.�C�, w 1 ' r °. p � w � � ��� N �.�� ::�::.:"�:.. � �..� ,., ...... ,�.. ,�,.,..,,..,,.��,., �� �4 i�bo� :�,�.,..� n,.... � a�w�a�i,i��,«. ,,.....��, ,..�„ ,..,..... ••••.• snae� �o. C,,.) .........-�n.��.�� ,.w.��:";'.:i •.,+w..»w. su.... VOLZ NO. 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Commissioners Stefani and Henning had notified the Commission that they would be unable to attend. Also oresent were Planning Consultant Howard Dahlgren, an�i City Administrator Kevin Frazell. APPROVAL OF Minutes of the November 26th meeting had been submitted MINUTFS previously. Chairperson Kruse noted a correction and Commissioner Frank moved approval as amended. Commissioner Morson seconded the motion. . Ayes: 5 , Nays: 0 CASE 85-30, UNITED PROPERTY, Chairperson Kruse called the meeting to order for the SUBDIVISION HEARING purpose of a continued public hearing on an application from United Properties for the subdivision of Lots 1, 2, and 3, Block 6, Mendota Heights Industrial Park. Mr. George Burkards from United Properties was present and thanked the members for arranging this meeting tonight He briefly explained the request for subdivision. There were no public present for questions, and the Commission members had no questions or comments. Commissioner Morson moved to close the public hearing at 8:13 P.M. Commissioner McMonigal seconded the motion. Ayes: S Nays: 0 Commissioner Morson moved to recommend approval of the lot division as requested and as shown on the drawings provided. Commissioner Frank seconded the motion. Ayes: S Nays: 0 CASE 85-30A, MARRIOTT Chairperson Kruse called the meeting to order for the CORP., CUP AND VARIANCES, purpose of a public hearing on an application from the HEARING Marriott Corporation for a conditional use permit and several variances to allow construction of a motor motel on Lot 2 and the westerly 72.80 feet of Lot 3, Block 6, Mendota Heights Industrial Park. Ms. Ruth Wuorenma, developer for the midwest Marriott thanked the Commission for the opportunity to be heard tonight, and noted that she is not the President of Marriott. She went on to explain the hotel concept, r.. December 12, 1985 Planning Commission Minutes Page T�wo .� noting that .the courtyard concept is a smaller hotel market, with no night life, and that it is intended t� look as residential as possible, with staggered-roof l�..as. It was Marriott's hope to have the structure look like a condominium. She noted that 36� of the site is green area, but that the building is not a budget ho•tel, with prices in the mid $50 range, which is about $20 lower than the Marriott on Cedar Avenue. She added that there will be low-key lighting which will highlight the land- scape, not the building. The covered portico is for arriving or departing guests. There is to be a 45 seat coffee shop area, which will serve three meals a day and which will require a liquor license. There will be no sit down bar, only a service bar. She added that Marriott will not encourage outside people to use their service bar. She also noted that 70% of the rooms are king rooms, being very wide, with separate seating areas. She also noted that the hotel will not be franchised. There will be 146 rooms, 12 of them being suites. Ms. Wuorenma added that Marriott caters to families who wish to stay there on weekends as well as to business persons. The structure is to be a f irst quality project costing between $8 and $10 million. Mr. Dale Beckman, from BRW, spoke noting that the structure will be a three story building,� handicapped accessible, with direct internal access to all rooms� no outside entrance to the rooms. He added that they are working heavily on soundproofing since it will be located in an air traffic noise, as well as vehicular traffic noise area alon� 494. Mr. Beclanan also told the Commission that the structure will be masonry block wall, cream colored, with a stucco- like appearance and a dark roof line. It will be heavily landscaped and there will be anodized aluminum light fixtures not more than 20 feet high. He added that he thought that 90% of the traffic will come from 494/Pilot Knob Road. _ He went on to elaborate on the variances requested, noting that the Porte Cochere will need a 15 foot variance. It could be constructed cl•oser to the building to allev- iate the need for the variance, but Marriott preferred to have more landscaping in that area, thus the request for the variance. The pylon sign will not exceed 45 feet in height and will be on the southwest corner of the site. This sign requires a 130 foot variance to sign size, from 100 square feet to 230 square feet, but no setback variance is neP�ed � December 12, 1985 Planning Commissian Minu�es, Page Three Ayes: S Nays: 0 Mr. Bectanan nated that alI utili.ties to the 4'-� acre site are provi.ded in Northland Drive and that there is a large storm sewer systezn inclucied in the pians. He also added that the building covers less �han 20% af the site. The Commission members then asked questions. Mr. Beci�►an nated that they hape to start constructian in early spring with campletion in 10-12 manths. Chair- person Kruse suggested that Marri.ott incorporate the prapased graund sign with United Praperties signage in the industrial park. Mr. Beckman naCed that the pylan sign will be internally illuminated, with no sgQtlights. Mr. George Burkards from Iinited Praperties said Chat United had no prob7.ems with eith�r of their proposed signs There being no fur�her questions or comments fram the Commission and Ro publie present for questions, Commzss- ioner Frank moved to cl.ose �he public hearing at 9:04 P.M. Commission.er Morson seconded the motion. Mr. Beckman advised the members Chat the ground sign is praposed to be 8� feet wide and b� feet high, fram the top of the sign to the top of ti►e base. Since the grade from the street level ta the top af the driveway is abaut 61, there was some confusa.on as ta the height of the graund sign. He stated that the ground sign will be �o taller than 14 feet from the ground on the low side, due to the grade increase, and that the si.gn wa.11 be placed 20 feet back frorn Che property li.ne and set in the norChwest corner of the site. This would require a 20 foot variance to the setback requiremenC. There bezng no further discussi.on, Cammissianer Morson moved to recommend approval of the follawing: 1. A 1S foot variance for the Parte Cochere overhang, allawing it to be 25 feeC from the front lot 1ine. 2. An $ foot rearyard variance for the building setback, placing the structure 42 feet from the rear property line. 3. A five foot setback variance for the driving surface on the south praperty line. 4• A 130 foot variance for the pylon sign area, with a height nat ta exceed 45 feet f.rom the grade, as shown on the sketches pravided. 0 December 12, 1985 Planning Commission Minut�es, P�age Four 5. A 20`foot variance on�the.front ground sign, and that the sign be in conformity wi�h the standards set by United Properties, that the sign face be no more than 50 square feet, with a maximum height of 12 f eet from the base. 6. A conditional use permit allowing construction of a motor motel on Lot 2 and the westerly 72.80 feet of Lot 3, Block 6, Mendota Heights Industrial Park, of.approximate�;� 150 rooms. Commissioner McMonigal seconded the motion. Ayes: 5 Nays: 0 CASE 85-10, M.H. Mr. James Riley and Mr. Mike Thompson were present to ASSOCIATES explain the latest development proposal for apartment development in the southwest area of the City. Mr. Riley proposed two 74-unit apartment structures and added that he did not know for sure what would be constructed on the balance of the site. He noted that he would only build what was approved under the Comprehensive Plan amendments presently before consid- eration by the Metropolitan Council. He added that he plans a long range proposal to build more buildings than the currently proposed 2-74-unit structures. He added that 45 acres of his site would allow 8 units per acre to be constructed, and the balance of the land would allow four units per acre. � Commissioner Morson asked how many former Mendota Heights residents are now renting at Lexington Heights apartments. Mr. Thompson stated that about 15-18% are former Mendota Heights homeowners. Mr. Riley added that he is only asking for PUD approval for the two 74-units, not on the whole plan at this time. Planner Dahlgren advised the Commission and Mr. Riley that the hearing on the original PUD application has been closed, and the Planning Commission is now being asked to consider this proposal informally, and it is not really an extension of the PUD. Mr. Dahlgren felt that it is dangerous to approve, either formally or infor- mally, this PUD when no one knows what future plans will be for development. It was Planner Dahlgren's feeling that Mr. Riley should start over with a new plan and a new application for the whole area, and to consider this a pre-application meeting. The Commission members felt that there is a need for apartments in this area of the City, but they had a concern over the large size of the buildings, and felt that if Mr. Riley could come back with a plan showing smaller buildings, he might have a better chance of Council approval. - December 12, 1985 Planning Commission Minutes, Page Five Planner Dahlgren cautioned the Commission to be careful in taking any action if there is no public hearing, that they could be set up for a court case. He felt that they can't really deal with this issue informally. Commissioner Morson felt that the Commission needs to see more of what the future plans are, and that there should be more smaller units. Commissioner Frank adiied that he cnuld not personally approve the plan as he felt it would set a precedent for the 74 unit buildings and he is reluctant to approve a conditional use permit for only two units. He did note a desire to see apartments constructed on the site. Commissioner McMonigal also agreed on apartment use for the site, but added that she too would like to see the whole plan proposal. Commissioner Morson suggested that the Commission adjourn discussion on the subject. MISCELLANEOUS Commissioner McMonigal noted a memo from City Adminis- trator Frazell suggesting that Council appoint the Chairpersons for the City`s volunteer commissions. She asked wh,y. this had been suggested. Mayor Robert Lockwood was in the audience and he responded that the Council felt that the Commission may be in danger of having a weak chairperson in the future and that there is a very good possibility for some heavy development proposals in the future which wi11 be before both the Planning Commission and.the City Council. It is the Council's desire to appoint someone who will be capable of handling the job before the Commission and perhaps someone who might be able to devote extra time to some of the issues, such as at extra meetings with City staff, etc. City Administrator Frazell advised the Commission members that Cameron Kruse has submitted his resignation effective at the end of his current term on January 31, 1986. Chairperson Kruse said it was his feeling that the real problem is not with the chairperson, but with the process. There is not enough communication between the commission and Council and often times, the Commission has less information before it compared to additional information the Council may receive after a commission meeting. He suggested the need for more joint meetings and the members concurred in this need. Commissioner Burke added that many times it is frustrat- ing for the Commission when they deal with an issue and then find that it has died at the Council level. He December 12, 1985 Planning Commission Minutes Page Six sited an example of hazardous intersections in t'hie C,. , and how much work the commission had done and all the talking they had done, even preparing a list of �he problem areas and asking that something be done_ Nothing has been done yet and it has been brought up on more than one occasion. - VERBAL REVIEW City Administrator Frazell reported on the Ophov�en critical area site. plan that was before the City Council ADJOURN There being no further business to come before the• Commission, Commissioner Morson moved that the meeting be adjourned. Commissioner Burke seconded the motion. Ayes: 5 Nays: 0 _,,,. . _�, TIME OF ADJOURNMENT: 10:33 o'clock P.M. � CITY OF MENDOTA HEIGHTS MEMO December 12, 1985 T0: Mayor and City Council FROM: Kevin D. r z� � Cit minis�rator Y SUBJECT: Annual Employee Service Awards ' Yours Truly screwed up! Three hard-working and dedicated employees should have received annual service awards at the Chiistmas Party. I totally forgot! � To make amends, the employees have been invited to receive their awards publicly at the December 17th Council meeting. Those receiving awards are: Roger Plath, Police Officer - 2Q years Larry Bridger, Police Officer 10 years John Neska, Public Works - 10 years Plaques will be available for presentation by the Mayor Tuesday evening. Roger and Larry will be present. KDF:madlr 0 CITY OF M�NDOTA HEIGHTS MEMO � ` December 12, 1985 �}— T0: Mayor, City Council and City A inifi�rator ✓� FROM: Larry Shaughnessy, Treasurer SUBJECT: Yorkton IR Bond Hearing INTRODUCTION A hearing has been called for 7:30 P.M. for the purpose of redirecting the use of $3,500,000 of the $6,400,000 IR Bonds for use in construction of an office building instead of the Seminar Center for Larry Lee. Main purpose for the hearing is to satisfy the TEFRA requirements for the bond issuance. ACTION REQUIRED If Council wishes to redirect proceeds, adopt Resolution No. 85- , giving preliminary authorization of the issue of $3,500,000 IR bonds. LES:madlr attachment r �'�� + CITY OF MENDOTA HEIGHTS NLMO December 12, 1985 T0: Mayor and City Council FROM: Kevin D. z� � City nisti�ator SUBJECT: Agreement with Divine Redeemer for Housing o£ Ambulance in Fire Station >�.- . At the meeting of December 3rd, Council received a presentation from ; �:: Ambulance Director Dave Miller regarding their proposal to house one of their ` ambulance rigs in our fire station. At the conclusion of that presentation, Council agreed that staff should proceed to draw up an agreement for execution at the December 17th meeting. A proposed agreement is attached for your consid- eration. £s r ACTION REQUIRED Motion to approve the Agreement between the City of Mendota Heights and Divine Redeemer for the housing of an ambulance. KDF:madlr attachment 0 CZTY OF M�NDOTA HEIGHTS �SEMO � December 12, 1985 T0.• Mayor, City Council and City ��fator FROM: Larry Shaughnessy Treasurer SUBJECT: Yarkton Final Bond Approval ZN'TRQDUCTI4N At a hearing tonight, the Council considered preliminary appraval for an issue of $3,500,000 IR Bonds for Yar%toa Develapment to canstruct an affice facility in their area cal.led Centre Pointe South. The final resolution,for approval of the issue a.s aCtached. The a1lotCmen� from the State for this issue requzres delivery af the issue prior to December 31, therefore approval is required by the Council tonight. The deveioper pl.ans to deliver and clase the issue on ➢ecember 24. A committ- ment fee of $64,p00 was paid by the developer to the State for the allocation. He will receive a refund of this deposit in the amount af $35,000 far the bonds issued, and 33% of the balance of the fee far the unused allottment. � Roger Gordon has reviewed the proposed resolution and has advised thaC it is consistent with City palicies regarding IR Bond issues. ACTION REQUIRED If Council desires ta proceed with approval of the $3,50Q,000 issue, adopt Resolution Na, 85- }. LES;madlr at�achment CITY OF MENDOTA HEIGHTS MEMO ---- J December 13, 1985 TO: Mayar, City Council, City Administratar FROM: Kathleen M. Swanson City C1erk SUBJECT: Belinquent Sewer Billings INEORMATION At this writing, �he list of delinquent sewer accounts is forty-four name� lang and totals neerly 54,500. Whil� the volume mey seem very high, delinquency letters were sent on 65 utiiity accounts a month ego: 21 accounta have been mede currerit'and �everal of those atill remaining an the list hav`e contacted ua to promise payment hefore certification. Although the delinquency list includes all of the "perennials," there are several account� which have never been past due. We enti�ipete that perheps ;:'w� as msny as ten o£ the accaunts will be cieared before the end of �usiness on � �sday. A resolution prepared and delivered to you with the agenda packet �ld without daubt need reviaian to reflect peyments received between naw and Tuesday. We have there�ore ch�sen to defer resolution preparatian and duplica�ion to Tuesday end will include it in the add-on agenda for adoption on December 17th. � CITY OF MENDOTA HEIGHTS MEMO December 13, 1985 TO: Mayor, City Council, City Administrator EROM: Kathleen M. Swanson City Clerk SUBJECT: Informetion System Bida INFORMATION "�:; The purpose of this memo is to provide a status report on the information � � system ��schedule of events �� Eleven vendors submitted so£tware and/or hardware proposals for the City's in£ormetion system last week. Those proposals were opened and tabulated in raw form on December 6th. After further review and comparison of the bids, Dave McCauley prepared a bid summary which he discussed with staff this past Wednesday. As was anticipated, the pricing, softwsre capabilities and hardware configuration varied conaiderably. Our discuasion with Dave and review o£ the -- bid documents resulted in the collective opinion that five of the proposnls deserve further consideration. Six o£ the proposals either do not meet s�,ecified requirements or ere far too coatly to consider. Dave will contact the five vendors to get clarification o£ various portions o£ the bids (such as aubstituting of printers for thoae bid, masa storage capacity, etc.>. , After thia has been accomplished, we will recommend to Council which syatema . should be more closely reviewed. � CITY OF MENDOTA HEIGHTS MEMO T0: Mayor, City Council and City Administrator FROi�I: James E. llanielson Public Works Director and Paul R. Berg Code Enforcement Officer SUBJECT: Marriott Courtyard Motor Hotel 1352 Northland Drive Case No. 85-30, 85-30A DISCUSSION: Plannin� Commission Review - Variances and CUP December 13, 1985 The Planning Commission conducted a special meeting on December 12, 1985, to review a Marriott proposal for a motor hotel. The Planning Commis- sion had no problem with recommending approval of the requested variances (see attached memo). At the time the staff report was prepare� information about the signage for the Marriott site was not available. The applicant has now supplied staff with a drawing of the proposed freeway type pylon sign that has been designed to be of a height and size that can be readily �.{ viewed from I-494 (see attached drawing). Planning Commission reviewed and recommends approval of the pylon sion. The applicant also is requesting a ground type sign to be located adjacent to the building entrance. Detail of � that sign including size and location were agreed to be as follows: The proposed ground sign is to be 8'6" X 6' 6' which would contain 55.25 square _, feet of sign area and setback 20 feet from the property line. BUILDING PERMIT: Staff has completed a preliminary review of the site plan, grading/utility plans and landscape plan and finds them to be in order. Marriott would like to receive Council approval for their building and sign permits subject to staff review of final documents. Marriott intenc� to begin construction in the spring of 1986. LOT DIVISION: United Properties in order to have a site large enough to accommodate the Marriott facility has requested to add the [dest 73 feet of Lot 3 to Lot 2 (see attached drawing). 1 .v � RECOMN�NDATION: . ..' Staff recommends approval of the building and sign per►nits. Planning Commission recommends that the City Council�grant United Properties the requested subdivision and the following variances: l. 15' front yard building setback variance. 2. 8' rear yard building setbacic variance. 3. 5' rear yard parking lot setback variance. 4. 20' pylon sign height variance. 5. 130' sion size variance (plyon sign). 6. 20' setback variance to front yard, sign location (entrance sign). ACTION REQUIRED: 1. Conduct a public hearing for the Conditional Use Permit to con- sider allowing a Motor Hotel in the Industrial Zone. Based on input from the public and Council, the Council should pass a motion adopting a resolu- tion acting upon the requested Conditional Use Permit. (Recommended Resolu- tion attached. 2. If City Council wishes to implement Planning Commission and staff recommendation on the requested variances they should pass a motion ap- proving the variances (listed in recommendation). 3. If Council wishes to approve the requested subdivision they should pass a rnotion adopting a resolution for the subdivision (Resolution at- tached). • 4. If Council wishes to approve the building and sign permits they should pass a motion authorizing staff to issue the permits after their review of the completed final documents. , .; .:� ��,�. ":: � 2 ..2 � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION N0. 85- RESOLUTION APPROVING CONDITIONAL USE PERMIT WHEREAS, Marriott Corporation has requested a conditional use permit to construct a motor hotel at 1352 Northland Drive; and WHEREAS, said building is located in an Industrial zoning district, which allows for motor hotels with a conditional use permit; and [JHEREAS, the required public hearing was conducted with no objections to the facility being raised. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that a conditional use permit be granted to Marriott Corporation to allow construction and operation of a motor hotel at 1352 Northland Drive. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA ?iEIGHTS By Robert G. Lockwood Mayor � � CITY OF r�NDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION N0. 85- RESOLUTION APPROVING THE LOT DIVISION OF LOT 2, BLOCK 6, MENllO�A HEIGHTS INDUSTRIAL PARK, SECTION 34, TOWNSHIP 28 NORTH, RANGE 23 WEST. WHEREAS, iJnited Properties, owner of Lot 2, Block 6, Mendota Heights Industrial Park, Section 34, Township 28 North, Range 23 West, Dakota County, Minnesota, has requested from the City to divide that lot; and WHEREAS, the City Council has reviewed said lot division and finds the same to be in order. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, that the lot division submitted at this meeting be and the same is hereby approved. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor • CITY OF MENDOTA HEIGHTS NOTICE OF HEARING ON APPLICATION FOR CONDITIONAL USE PERMIT December 13, 1985 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights City Council will meet at 7:45 o'clock P.M., on Tuesday, December 17, 1985, in the City Hall Council Chambers, 750 South Plaza Drive, to consider an application from the Marriott Corporation for a conditional use permit to allow construction of hotel on the following property: Lot 2, and the westerly 72.80 feet of Lot 3, Block 6, Mendota Heights Industrial Park. More particularly, this land is located on Northland Drive, approximately 600 feet east of Pilot Knob Road. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Conditional Use Permit will be heard at this meeting. � Kathleen M. Swanson City Clerk r:, CITY OF MENDOTA HEIGHTS MEMO T0: Mayar, City Council, City �dminiatratnr FROM: Kathleen M. Swanaon City Clerk SUBJECT: In£armational Mema Liquor O�dinance Revision Status December 13, 1985 INFORMATION •.;i. This is to inform Caunca.l that we are in the process of reviewing appropriate sectians and requirements o£ the Liquar Ordinence to deterrnine hc best to make the propased reviaiona discussed an December 3rd. I plan ta mee with Tom Hart in the near future ta discusa �3raft amending language. We are both concerned that �he amendments be very carefully worded. Fiope#'ully, we will �oon be ab2e to present you with an ordinance which will accommadete thE Marriott and similar proposals without compromi2ing the original intent af tY liquor ordinance. s� LIST QF CONTRAC70RS TO SE APPROVED BY GITY C4UfVCiL QN DECEMBER 17, I985 Masonry L.�cense Serice Construetion, Inc. Carlson - Peterson, Inc. Excavatin4 License Hartman Excavating, Inc. Steininger Consiruction Campany, Inc. Kuper Excavating Company General Contractor's License T.J.B. Company Patio Town Sunway Hames, Inc. 1'hiers Construction �ance Service, Inc. Contemporary Builders D S Construction Services Neating and Air Cond�tioning License t�odern Heating and Air Conditioning, Inc. ;� 521D 12/11/85 RESQLUTTQBI At3THQRIZING A PRt�JECT UNDER THE MII�INESOTA MUNICIPRL INDUSTRIAL DEVELOPMENT ACT AND THE I�SUAL�tCE OF COMt"iERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT {CENTRE PQZNTE 4NE ASSQCIATES PROJECT) BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesata, as follaws: l. The Council has received a proposal �'rom Centre Pointe �ne Associates, a Minnesota general partnership {the "Carnpany") that the City undertake to partially finance a certain Project as herein described, pursuant ta the Minnesota Municipal Commercial Development Act, Chapter 474, Minneso�.a >::� Statutes ( the "Act" }, through issuance by the City of its '" $3,5q0,Oq0 Cammercial Developmen.t Revenue Bonds, Series 19$5 (Centre Painte One Associates Project� ( the "Bonds" ), and in accardance with a Bond Purchase Agreement (the "Purchase Agreement" ) between the City, the Campany and Ma.11�r Securities Incorporated {the "Bond Purchaser"}. 2. 'I`tze Company desires to acquire certain real estate and construct thereon a building containing approximately 45, 040 sguare feet arr.�. related improvements and . equipmen.t suitab].e �or use an o�fice facility (hereinafter • collectively re�e rred ta as the "Proj ec�" ). 'I`he Proj ect as described alaove will prov�.de employment to additional persons and will otherwise �urther the policies and purposes of the Act . ` 3. It i�s prapased that, pursuant to a Laan Agreesnent ' dated as of December l, 1985 be�ween the City, as lender, and the Campany, as barrower ( the "Laan Agrec�nent" ), the City laan the proceeds of the Bonds to the Canpany to partially �inance the cost� of the Project. The basic payments to be made by the Company under the Loan Agreement are fixed sa as to praduce revenue suf�icient �.o pay the principal of, premium, i£ any, and interest on the Bonds when due. It is further prapcased that the City a�sign its rights to the basic payments and cer- tain ather rights under the Laan Agreement to Marquette Bank Minneapolis, N.A. , a.n Minneapolis, Minnesota ( the "Trustee" ) as security for payment of the Bonds under an Indenture of Trust dated as 'of December I, 1985 �the "Indenture"} arx� that the Company grant a mortgage apd security interest in the Projec� to the Trustee pursuant -to a Mortgage and Security Acjreement dated as of December 1, 1985 °(the "Mortgage") and to �further :secure�the payment of the Sonds:and the interest thereon,.enter into an Assignment of Le�ases and Rents dated as of December �, 1985 in favor of the Trustee (the "Assignment of Leases and Rents"). Payment of the Bonds and interest thereon is also secured by a Guaranty dated as of December 1, 1985 in favor of the Trustee given by 0. Larry Lee, Marlene Testa Lee, Hammon T'. Becken, Katherine C. Becken and Michael C. Gresser, (the "Guaranty"). Disbursement of the proceeds of the Bonds will also be governed by a Disbursing Agreement among the Trustee, the Company and Title Services, Inc. ( the "Disbursing Agreement"). 4. By action previously taken this Council gave preliminary approval to the Campany's original proposal, ]azown as Alpha Environments, to develop land at the same location as the Project. The Company has since determined to red uce the scope of its original proposal and a new public hearing was -.� held on the date hereof on the Canpany's revised Project. The Minnesota Department of Energy arr3 Econcmic Development gave approval to the original Project intending to further the purposes and policies of the Act arxi the Department has been notified of the reduced scope of the Project. :�s. 5. Pursuant to the preliminary�approval of the Council, forms of the following documents h ave been submitted to the Council for appraval: (a) The Loan Agreement. (b) The Indenture. (c) The Mortgage (not executed by the City). ( d) The Ass ignment of' Leases and Rents ( not executed by the City) . ( e) �he Guaranty ( not executed by the City) . (f) The Purchase Agreement. (g) An Official Statement prepared by the Bond Purchaser ( not executed by the City) . (h) The Disbursing Agreement (not executed by the City) . 2 6. It is he reby found , dete rmined and� dec lared that : ( a) the Proj ect described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act; (b) the purpose of the Project is and the effect thereof will be to pranote the public welfare by the acquisition, construction and equipping of facilities for use as an office buildi ng; (c) the Project is to be located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities; (d) the acquisition, construction and installation of the Project, the issuance and sale t, of the Bonds, the execution arr3 delivery by the '• City of the Loan Agreement and the Indenture, and the performance of all covenants arid agre�nents of the City contained in the Loan Agreement, and Indenture and of all other acts arid things required under the constitution and laws of the State of Minnesota to make the Loan Agre�nent, Indenture and Bonds valid and bindi ng obligations of the City in accordance with their terms, are authorized by the Act; , (e) it is desirab le that the Company be authorized, in accordance with the provisions of Section 474.03 of the Act and subject to the te nns and conditions set fortl� in the Loan Agreement, which terms and conditiohs the City detennines to , be necessary, desirable and proper, to camplete � the acquisition and installation of the Project by such means as shall be available to the Canpany and in the manner detennined by the Company, and with or without advertisement for bids as required for the acquisition and installation of municigal facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; 3 -' , (g) the basic payments under the Loan Agreement are fixed �to produce �revenue sufficient to pravide for the pranpt payment of _principal of, premi�m, if any, and inte rest on the Boni3s issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to �pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and pa yable d uring the term of the Mortgage, Loan Agreement and Indenture; 'r. (h) under the prwisions of Minnesota Statutes, Section 474.10, and as provided in the Loan Agreement arxi Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, arx3 that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. � •4� 7. Subject to the appraval of the City Attorney, forms of the Loan Agreement, the Purchase Agreement and Indenture and exhibits thereto arxi all other documents described• in paragraph 4 hereof are approved substantially 0 the in the form submitted . The Loan Agreement, Indenture and Purchase Agreement, in substantially the forms submitted, are directed to be executed in the name acxi on behal f of the City by the Mayor and the City Clerk. Copies of all of the documents necessary to the transaction herein descri.bed shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture . 8. The City has not prepared nor made any independent investigation of the information contained in the Official Statement and the City takes no responsibility for such information. 9. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture . The offe r of the Bond Purchase r to purchase the Bonds for $3,500,000 plus accrued interest to the date of delivery at the interest rate or rates specified in the Indenture is hereby accepted. The Mayor and City C1erk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 10. The Mayor and City Clerk arr3 other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to sYr�w the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; a nd all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of al l s tatements contained the rein . 11. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary arY3 appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney prior to the execution of the documents. The execution of any instrument bx the appropriate officer or officers of the City herein authorized sh all be conclusive evidence of the appraval of such documents in accordance with the terms hereof. In the absence of the Mayor or Clerk, any of the documents authorized by th is resolution to 5 i ♦ be e.xecuted may be executed by the Acting Mayor or the City Clerk, respectively. ;n,;;,, Pa s se d: De c einb e r 17 , 19 $ 5 Attest City Clerk (SEAL) Mayor 0 �.. TABLE OF CONTENTS Section 1. Purpose Section 2. Scope of Resolution Section 3. Appointment Procedure Section 4. Physical Examinations Section S. Probationary Periods Section 6. Promotions Section 7. Permanent Employees Section 8. Work Week and Work Days Section 9. Over-time Compensation Section 10. Vacation Leave Section 11. Personal Leave/Extended Disability Protection Section 12. Funeral Leave Section 13. Group Insurance Section 14. Holidays Section 15. Rest Periods Section 16. Special Leave Section 17. Leave of Absence Without Pay Section 18. Compensation Section 19. Pay Days Section 20. Educational Incentive - Tuition Refund Section 21. Resignation Section 22. Grievance Policy Section 23. Lay-offs Section 24. Disciplinary Action Section 25. Labor Contracts Page 1 1 1 l, 2 2 3 3, 4 4 4 4, S 5, 6 6, 7 7 7, 8 8 8 9 9 9 10, 10 10 10 11 11, 12, 13 13 � TABLE OF CONTENTS (Continued Section 26. Retirement Section 27. Sexual Harassment Section 28. �qual Employment Opportunity Section 29. Unlawful Acts Section 30. Effective Date Page 13 , 14 14 14 , 15 15 15 Disclaimer. This Personnel Code is not a contract between the City of Mendota Heights and its employees. The Code is subject to change without prior notice. CITY OF h1ENDOTA .HEIGF{TS DAKOTA CQUNTY, MINNESOTA RLSOLUTI4N N0."85- RESOLUTIQN ESTABLISHTNG A PERSONNEL CODE FOR EMFLt7YEES OF TIiE CITY OF MENDOTA HEIGHTS Section l. Purpose. It is the purpose af this resalution to establish a unifarm and equitable system of municipal personnel administratian for al1 employees of the City of Mendota Heights. Section 2. Scope of Resolu�.ion. This resolution sha17. apply to all �� employees of �he City except the following; a. All �].ected officials; b. City Attorney and Health Officer; c. Members af Baards and Cam�nissians; d. Cansultan�s and others rendering temporary professional services; �.�t e. Volunteer firemen; f. Emergency employees or ather employees no� regularly employed in a permanent position. Sec�.ion 3. Appointment Procedure. A11 proba�ionary and regular appointments �o municipal service sha7.1 be recommended by the Ci�y Administrator and must be canfirmed by the Ci�y Cauncil on the basis of inerit and fitness, and withaut regard to race, creed, color ar discriminaCian. Where i� is deemed necessary, merit and fitness shal.l be det�rrained by wri�ten, aral, or ather examinations designed Co evaluate the ability of the candidate ta discharge the duties of the position for which the examination is held. Section 4, Physical Examinations. All new permanent employees shall be required to have.,a physical examinata.on by a licensed physician approved by the City. Such''examination sl-ia.11 include an evaluation of the applicant's general 0 fitness for the position in question with particular emphasis on detecting the presence of latent trouble in time for�the applicant to take corrective action or to prevent the employment of a person whose condition would deteriorate or be aggravated by the position under consideration. The cost of the examination shall be borne by the City and a report thereof shall be made to the City. Section 5. Probationary Periods. The first year of employment of an emplo- yee shall be regarded as a probationary period to be utilized for observing the employee's work, for securing the most effective adjustment of the employee to his position, and for removing any such employee whose performance does not meet the required work standards. Vacation leave, personal leave, and extended dis- ability leave shall accrue to the employee during the probationary period. No leave shall be taken during the probationary period except for illness or family crisis, and should the employee not achieve permanent status appointment, he/she will be liable to repay the City for any such leave taken. If employment is terminated during an employee's probationary period, no benefits shall be due to such employee. Probationary employees shall not be entitled to leaves of ab- sence. During the one year probationary period, the department head shall submit a written report after six months and after ten months advising the City Adminis- trator as to the acceptability of the probationary employee for such position. The City Administrator shall make his recommendation to the Council within twenty (20) days before the expiration of such one year period. The City Administrator may terminate a probationary employee any time during the probationary period, if in his opinion, the employee is not suited to the position. The employee so terminated shall be notified in writing of the dec- ision not to retain him/her and shall not have the right to appeal unless he is a veteran, in which case the procedure prescribed in Minnesota Statutes Section 197.46 shall be followed. c Section 6. Promotions. The first one year of a permanent emploqee's promo- tion shall be regarded as a probationary period. This period of time shall be utilized for observing the employee's work, for securing the most effective adjustment of the employe� whose performance does not meet the required work standards. The probationary employee shall continue to be granted all benefits due perrnanent employees, however, such employee shall not be entitled to leaves of absence. During the one year probationary period, the department head shall submit a written report after six months and after ten months advising the City Administrator as to the acceptability of the probationary employee for such position. The Administrator shall make his recommendations to the City Council twenty (20) days before the expiration of such one year period. An employee shall not have his or her compensation reduced as a result of promotion, but will be placed at a pay step equal to or greater than the previous compensation. The City Administrator shall recommend a schedule of progression f or the ensuing pay steps. •� A permanent employee terminated during the probationary period from a posi- tion to which he has been promoted or transferred shall be reinstated to a position in the class from which he was promoted or transferred unless he is discharged from the City service as provided in Section 24. Section 7. Permanent Employees. Permanent employees are employees of the City who have passed the initial probationary period and are currently working f ull-time in the service of the City. Permanent part-time employees are em- ployees who have passed the initial probationary period and are currently working a minimum of twenty (20) hours per work week in a position established by the City Council. Permanent and permanent part-time employees shall be granted all benefits due them which shall include vacation leave, per.sonal leave, extended disability leave, paid holidays, military leave, military induction pay and pay for accrued vacation leave upon Lermination of employment. 3 Benefits for permanent part-time employees shall be on a proportionate basis, based on the average number of hours worked each week as compared to 40 hours per week. Section 8. Work [Jeek and Work Days• Except for those positions otherwi.se specifically designated by the Council, the regular work week shall be forty (40) hours, Monday through Friday, and the regular work day shall be eight working hours. Section 9. Over-time Compensation. Authorized over-time work performed shall be compensated at the rate oi one and one-hal£ times the regular rate of Qay. To the extent allowed by State and/or Feder.al law employees may take compensatory time off at such times as approved by the Department Head at the rate of one and one-half hours off for every hour of overtime worked. Section 10. Vacation Leave. Each permanent employee shall be entitled to vacation benefits as follows: After the first year oF continuous service the employee shall be entitled to two calendar weeks of paid vacation leave except that those ernployees starting their sixth year of continuous service with the City shall be entitled to three calendar weeks of paid vacation leave per year and those employees startino their eleventh year of continuous service with the City shall be eligible for one additional day of paid vacation leave per year of service with a maximum of four weeks of paid vacation leave after fifteen years of service. Vacation benefits shall be calculated based on employment anniver- sary dates. a. Vacation leave shall be scheduled by the departments to accommodate the work schedule of Che departments provided that no permanent employees will be denied the right to take yearly vacation equal to the number of vacation days accrued by the employee in the previous calendar year. b. Employees shall be encouraged to take yearly vacations and shall be allowed to accrue a maximum of L��enLy (20) days annual vacation for 4 which they are entitled, provided however, that no employee shall use more than twenty (20) vacation days consecuti.vely..without prior CiL-y Council approval. c. Employees separated from the City service shall be paid at their normal salary rate for their unused vacation time. d. Only the vacation records kept by the Accountant shall be considered official. e. For the purpose of accruing vacation, employees starting employment within a given month shall be considered to have started on the first of that month. f. No employee who is on vacation will be allowed to work his regular job in the City service for the purpose of receiving double pay. Section 11. Personal Leave/Extended Disability Protection. a. Personal Leave - Beginning January 1, 1986, all permanent f ull-time employees shall accrue personal leave at the rate of 2.67 hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Accumulated but unused personal leave will be paid upon separation of employment to all permanent status employees. , b. Extended Disability Protection - Beginning January l, 1986, all per- manent full-time employees shall accrue extended disability leave at the rate of 5.33 hours per month, to a cumulative maximum of 640 hours. Extended disability protection is available for use on the four.th con- secutive day of a personal illness and thereafter. S Employees are to keep their supervisor informed of their. condiCion. The supervisor may require a lerter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, includino transfer, demotion, suspension, or dis- missal. In cases of extreme emergency involving employees with a record of ineritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave, and compensatory time oif, an extension of extended. disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly throuoh application of future personal leave and extended disability leave accruals. c. Conversion of Existing Sick Leave - One half (SO%) of any sick leave balance on December 31, 1985, up to a maximum of forty-eight (48) hours will be converted to Personal Leave. Any sick leave not converted to :,• Personal Leave shall remain in the employee's Extended Disability Protection bank. However, an employee whose Extended Disability Bank exceeds 640 hours cumulative maximum shall not accr�ue any more Ex- tended Disability Leave until his or her accumulated balance drops below 640 hours. d. Section 11 of this Personnel Code shall apply to employees represented by a bargaining unit, only if specifically adopted in the labor con- tract. Section 12. Funeral Leave. All permanent employees, both full time and permanent part-time, may attend the funeral of their spouse, mother, father, c}�ildren, grandmother, grandfather, brother, sister, mother-in-law, and father- in-law, as paid Funeral Leave. Such funeral leave shall not er.ceed three days and shall not be counLed as sick leave. Up to four (4) hour.s of paid funeral 6 leave will be grant.ed to attend the funeral of -another City employee. Section 13. Grou Insurance. All permanent full-time employees shall.be entitled to insurance benefits as established by the City Council from time t� time. The scope of insurance coverage will be determined by the City Council, and the maximum premium participation by the City shall be established each year. Permanent part-time employees shall be entitled to the same insurance benefits as full-time employees except that the amount of premium participation by the City shall be on a proportionate basis based on the total hours they work each week, as compared to a total of forty hours per week. For the purpose of this Section, permanent part-time employees shall be defined as employees who are currently working a minimum of twenty (20) hours per work week in a position established by the City Council, Group Insurance benefits will be extended to separated employees, at their expense, as required by h1SA 62A.17, subject to any limitations imposed by the carriers. Section 14. Holidays. The following are to be paid holidays for those employees not included in labor contracts: New Year's Day, Martin Luther King's birthday (third Monday in January), President's Day (third Monday in February), Memorial Day (last Monday in i�ay), Independence Day (July 4), Labor Day (first Monday in September), Veterans Day (November 11), Thanksgiving Day (4th Thursday � in November) and Christmas Day (December 25). Two floating holidays shall be granted conditioned that scheduling arrangements must be approved in advance by the department head. The City Council, upon recommendation of the City Adminis- trator, may designate one of the floatino holidays as a fixed date when City offices will be closed. When New Year's Day, Independence Day, Veterans Day or Christmas Day falls on a Satur.day, the preceding day shall be observed as a holi.day; when any of these days falls on a Sunday, the following �ay shall be 7 observed as a holiday. The sections of labor contracts relating L-o holidays for those employees represented by bargaining unirs shall prevail for those em- ployees. The City Hall shall be closed for business on legal holidays, provided, however, that employees may be required to work on paid holidays when the nature of their duties or other conditions so require. If an employee is required to work on paid holidays, he/she shall receive time off at a rate of one and one- half times the holiday hours worked at time subsequently scheduled by the super- visor. Section 15. Rest Periods. All regular employees working under conditions where the use of a break period is practiced shall be granted a fifteen-minute break period in the forenoon and a fifteen-minute break period in the afternoon of each working day. Break periods cannot be accumulated within the working day or from day to day. Section 16. Special Leave. �4 a. Al1 City employees who are members of the United States Armed Forces Reserves, members of the Minnesota National Guard, or subject to call or induction into the Federal Service by the President of the United States shall be entitled to a leave of absence for the period of such active service without loss of status. b. Any member of the United States Armed Forces Reserve or National Guard who annually attends 15 days annual unit training shall be entitled to receive his regular pay for such periods but not exceeding a total of 15 days in any calendar year. Employees who shall be called on or inducted for military duty of prolonged duration shall receive full pay for 15 days. : Section 17. Leave of Absen�e Without Pay• .. a. Upon request by an employee, leave of absence without pay may be gr�tE by the`City Council, taking into consideration good conduct, length.of service, and efficiency of the employee and the general good of muni�i— pal service. Such leave of absence shall not exceed a period of ninety (90) days provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons, but in no case shall such leave of absence exceerl one year except when the employee is detailed for military service or is disabled by reason of disability incurred while in the service of the City. No vacation or personal leave/extended disability protection benefits shall accrue during a period of leave of absence without pay. b. Jury Duty/Witness. In the case of jury duty, or as a subpoenaed court witness in a case related to City employment, an employee shall receive compensation which will equal the difference between the employee's �-�� regular pay and the compensation paid for such jury duty or as witness fees. Section 18. Compensation. Employees of the City shall be compensated according to the schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the City Council, no em— ployee shall receive pay from the City in addition to the salary authorized for the position to which he has been appointed. Section 19. P� Days• Employees shall be paid on every other Friday. Paychecks will be issued one week following the end of the established pay ,period. When a holiday falls on payday, employees shall receive their pay the preceding workday. 9 Section 20. �ducational Incentive - Tuition Refund. All permanent, full- time City employees are encouraged to further their education by enrolling in work-related courses. The City shall provide an Education Incentive Plan for all permanent full-time employees of the City. If funds are not provided by any other governmental agency, the City shall pay the cost of tuition equal to that charged by State institutions after the employee has successfully completed a work-related course with a grade of "C" or better. The City Administrator will determine if a course is work-related and eligible for reimbursement. Upon completion of the course, the City•shall pay the employee a one-time payment of ten dollars ($10.00) for each credit hour the employee has earned. A certificate or some other proof of achievement in an approved course shall be placed in the personnel file of the employee. Section 21. ResiQnation. Any employee wishing to leave the municipal service in good standing shall file with his department head, at least 14 calen- dar days before leaving, a written resignation, stating the effective date of the '''� resignation and the reason for leaving. Failure to comply with this procedure may be considered cause for denying such employee employnent by the City and denying terminal pay benefits. Section 22. Grievance Policy. It is the policy of the City insofar as possible to prevent occurrence of grievances and to deal with them promptly when they do occur. When any grievance comes or is directed to the attention of any supervisory employee of the City, the supervisor shall promptly discuss all relevant circumstances with the employee and his representative if he so desires, consider and examine the cause of grievances and attempt to resolve it to the extent that he possess authoriLy. Failing at that level, the grievance may be carried to a higher authority, up to and including the City Administrator. The foregoing policy shall be superseded by grievance procedures when in- cluded in a labor contract. �, > Section 23. Lay-offs. The City may lay-off any employee whenever such ac'tion is made necessary 'by reason o=f shortage of work, or funds, the abolit�,o.r► of a position or because of changes in organization, provided, however, that ��ro weeks advance written notice shall be given. However, no permanent employee shall be laid off while there are temporary, provisional, or probationary em- ployees serving in the same class or position for which the permanent employe� is qualified, eligible, and available. Layoff shall be in reverse order of seniflr- ity within job classification, when all other qualification factors are equa�. Section 24. Disciplinary Action. Any employee in the service of the Ciiy may be disciplined for cause. The method of and procedure for disciplinary action shall be determined as indicated below, and will be commensurate with the seriousness of the infraction. Demotions and dismissals shall have prior appro- val of the City Council. a. Reprimand. An employee may be given an oral or written reprimand by hiG superior or the City Administrator whenever his performance falls below ,• expected standards or whenever the employee is guilty of misconduct or disobedience in any matter. b. Suspension. The first line supervisor (i.e., Police Sergeant, Public Works Superintendent) may suspend an employee without pay for one (1) day, and will advise the Department Head of such action. The Department Head may suspend an employee without pay for up to five (5) days, and will advise the City Administrator of such action. The City Administra- tor may suspend an employee without pay for up to thirty (30) days, for disciplinary reasons. c. Demotion. An employee may be demoted by the City Administrator for inefficient performance of his duty, for disciplinary reasons, or for good and sufficient reasons. 11 d. Dismissal. Officers and employees subject to the provisions of this resolution may be removed from City employment by the City Administrator for just cause. Dismissal for cause shall be grounds for denial of the employee's terminal benefits including accumulated vacation and personal leave. e. Employee Assistance/Decision-Making Leave - As an alternative to, or in concurrence with the above disciplinary steps, the Department Head and/or City Administrator may refer an employee to the Employee Assist- ance Program for professional assistance. The Department Head and/or City Administrator may also grant a one-day, paid decision-making leave to an employee prior to final action on demotion or dismissal. f. Causes for Disciplinary Action. Evidence of any of the following acts shall be cause for disciplinary action including reprimand, suspension, demotion or dismissal: 1. Incompetence, inefficiency or negligence in the performance of duty. , 2. Insubordination, including, but not limited to, refusal to obey an order which a superior is entitled to give and have obeyed, or ref usal to do assigned work which the employee is capable of doing which has resulted or reasonably might be expected to result in loss or injury to the public or the municipality. 3. Public statements which are slanderous, libelous or which tend to discredit a City official or the City's services. 4. Repeated tardiness after warning. S. Unauthorized absence or abuse of leave privileges. 6. Under the influence of intoxicating beverages while on duty; or reporting to work while under the influence of intoxicating bever- ages. 12 7. Under the influence of those drugs prohibited by the C�ity, 5tate or. Federal 1aw while on duty without authoriza�tion by a licensed physi cian and without written permission from the City Administrator. 8. Wanton use of offensive conduct or language toward the public or City officials or employees. 9. Conviction of a criminal offense or misdemeanor involving moral depravity. 10. Physical or mental defects which in the judgement of the City Admin- istrator incapacitates the employee for the proper function of his position. 11. Carelessness or negligence in the handling or control of City pro- perty. Theft of City property. 12. Proven dishonesty in the performance of an employee's duties. 13. Inducing or attempting to induce an official or employee of the Cit�� to commit an unlawful act or to act in violation of any law and reasonable official regulation or order. 14. Violations of the provisions of law or of this ordinance. 15. Violations of written personnel or departmental regulations. Section 25. Labor Contracts. If any of the foregoing provisions of this resolution shall be inconsistent with the provisions of a union or other labor contract entered into by and between the City and a labor union or other organi- zation on behalf of any City employees, such union or labor contract shall be deemed determinative as to any such inconsistent provisions. Section 26. Retirement. The mandatory requirement age for all municipal employees shall be 70 years of age. In special cases, work extensions to emplo- yees may be granted by the City Administrator after the age of 70 on a year-to- year basis, except that no employee shall work in a municipal position after the age of 75. Extensions will be granted beyond the age of 70 only when it is in .13 the best interest of the municipality to do so. Cr,tension requests will be dealt with on the basis of the facts in each individual case. Department heads shall be consulted and any pertinent facts regarding the work perfor.mance of the em- ployee requesting an extension of retirement age may be considered in determining disposition of his request. Employees desiring a work extension past the age of 70 shall submit the r.equest in writing to the City Administrator not less than six (6) months prior to their 70th birthday. In the absence of approved work extensions, employees shall retire from employment not later than December 31, following their 70th birthdate. The City Administrator shall inform the City Council of any retirement extensions granted. Section 27. Sexual Harassment. Sexual harassment has been held to be a form of sex discrimination, in violation of a person's civil rights. Sexual harassment is defined as: 1. Unwelcomed or unwanted sexual advances; 2. Requests or demands for sexual favors; 3. Verbal abuse or kidding that is sex-oriented and considered unacceptable by another individual; 4. Any type of sexually oriented conduct that would interfere with another's work performance; 5. Creating a work environment that is intimidating, hostile, or offensive because of unwelcome or unwanted sexually-oriented conversations, suggestions, requests, demands, physical contacts, or attentions. Any employee who feels that he or she has been the victim of sexual harass- ment in the workplace may file a complaint per Section 22 of this resolution. ' Any employee found guilty of perpetrating sexual harassment shall be subject to disciplinary proceedings per Section 24 of this resolution. Section 28. Equal Employment Opportunity. The City of Mendota Eieights is 14 an equal opportunity employer, and as such, these personnel policies are applied equally to all, witliout regard °to race, color, �religion, age, sex, r►u�ri�:al status, national origin, or physical disability. Section 29. Unlawful Acts. Falsification of Records. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the personnel system or in any manner commit or attempt to commit any fraud preventino the impartial execution of the provisions of this resolution. Section 30. Effective Date. This resolution rescinds and supercedes Re- solution numbers 73-93, 75-24, 76-67, and 79-49, and shall be in full force and �� . effect from and after its adoption. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. ATTEST CITY COUNCIL CITY OF MENDOTA H�IGHTS By Robert G. Lockwood, Mayor Kathleen M. Swanson, City Clerk 15 � CITY 4F MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION N0. 85- RESQLUTIQN ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1986 AND ESTABLISHING CERTAIN OTHF,R BENEFITS WHEREAS, the C3.ty Council has adogted a grade-and-sCeg pay system far certain full-time employees o£ the City; and WHEREAS, based upon recommendatian o� the City Admin,istrator, Council has derermined the appropriate placement of each Gity pasition on a Grade, and the incumbent employee on a Step; and WHEREAS, it is,also necessary to set salaries for certain part-time employees, as well as fringe benef its for full-time employees and certaitt part-time employees. NOW, 'THEREFORE, IT IS HEREBY RESQI:VED by the Ci.ty Counca.l of the City of Mendata Heights, Minnesata, as follaws: l. That the fallowing schedule of salaries be implemented eff ective January 1, 19$6, for fulZ-tirne employees: Emplo�ee Ki.mberlee Iienning Carol Bakka ` " Diane Ward Mary Ann DeLaRosa Shirley Shannon Guq Kullander Klayton Eckles . Tazn Knuth ' Paul Berg Tom Olund KaChleen Swanson Darance tdicks Gene Lange Dennis Delmant 3arnes Daniel.san Kevin Frazell Pasition Cl.erkjReceptionist Palice Secaretary Engineering Secretary Senior Secretary Accountant Engineering Technician Civil Engineer I � Senior Engineering Technician Cade EnforcemenC Officer Public Works Superintendent City Clerk Police Sergeant Police Captain Police Chief Public Works Director City Administrator SalarY $13,508 �..�,�4(l 17,24Q 20,955 22,�03 z�,472 23,103 Z�i�t�� 29,486 34,961 34,134 35,841 37,633 41,49p 41,490 G3,500 2. That Che follow9.ng schedule a£ salaries be implemented effective 3anuary l, 1986 for parC-time emplayees: Employee Duane Selander Pasition Recreation Director Salary $776/mo. � ?^ffi :X`{� ' 3. T.hat the following hourly rat:e of pay for volunteer firefighter.s be " 'implemerited effective January-1, 1986: 0 - 1 year $5.75 1 - S years 6.25 5 years and over 6.75 �,/' - Capta in `7 . 2 5 4. That the City's maximum contribution toward insurance premiums for full-time employees not covered by a labor contract shall be $160 per month for 1986. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. ,:. - •: t � :.{.�� ATTEST: � :.; Kathleen M. Swanson City Clerk � CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor � � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MIN?�IESOTA RESOLUTION N0. 85- RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON-ORGANIZED EMPLOYEES TO REFLECT A 4y ANNUAL ADJUSTMENT FOR 1986 WHEREAS, beginning in 1984, the City adopted a comprehensive grade and step pay matrix for its employees not represented in a bargaining unit; and WHEREAS, it is necessary to annually review that pay matrix for adjustments related to cost -of-living and other general economic trends; and WHEREAS, based on salary trends in other metropolitan area suburbs, and budgeted funds available, a 4y upward adjustment in the pay matrix for 1986 is reasonable and defensible. '`'`•� NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mendota ' Heights, that the Grade and Step Pay Matrix attached hereto as Attachment A, is hereby adopted as Appendix A of Resolution No. 83-113, adopted by the City Council on December 20, 1983. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor • . ATTEST: Kathleen M. Swanson City Clerk GRADE I II III IV V v� VII VIII IX X XI XII XTII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV ' xxv 11, �E9 2�a ��� 1�, BE�� 13, ��8 i 4, I 8;_, 14, 8`�:� iJ� G�.i7 16, 419 17, �4� 18T l�c i �, ��7 19, 958 `�� 7JJ �� ��.:, i �7� L J' � � �L� J c4, �:59 c:5, 47c �6, 745 �8, �8.� `9, �+86 3�, 961 ��� ,.�.�@9 .?, 4, 1.34 ?,5, 841 J�� GlJJ CITY OF MENDQTA HEIGHTS DAKOTA COUNTX, MINNESOTA RESOLUTION N0. 85- APPENDIX A EMPl..OYEES PAY CLASSIFICATION SCHEDULE GRADE AND STE�' MATRIX 1986 E� 1;::, `5� 1 `, 86.'�.r 13, 5�8 14, 183 i4,893 ! 5, 6�,i i�i� �F1� 17, `4s2+ 18, 1�� f �, �Zs�7 1 �, '�58 i�� �J.�.i c�,003 ; :.?,, 2 �.?, .^_4, :_5'� ��, 47;=' �6, 74� �8� �8c �:`�� 48F., ::��, 9� 1 �:,`, 5�9 J�y �J� 3 i� 84i J�� GJ�:I .��� JSJ C 1�, 8E,5 13, 5+7�6 14, 18� 14, 8'�� 1..�'i, E�37 1 �, 413 �. % � �: 4 � 18, l �� i'3, ��7 19, �58 �i.'_��� �JJ 41� � Y.�+G�rJ G�J� �X.1J �4i c�`3 ��, 47;� ;='6, 74� �= 8 �, � 8 � �=9, 48E �:, 0, 9 E� 1 3`� .�,sZ�'3 34, 3,_,4 35, 841 37, E„3.3 .,r � � J �. J 41, 4'� 0 D 1.�, ..�i08 14, 18.� I4, 893 1 �, E37 16, 429 17, �4� 18, 1�� i9y ��7 19, '�58 a=�L�� 7JJ 1� G y K.1 Y.� J C.J� A �Li�.:t .:, �4, ,;'S9 +=Ja 47� : 6, 745 `8� �8c c:9, 4S6 .3�Z►, r3E 1 ..� � � J �(., 7 �?.4, 1.=.4 ,1�, 84 3 J�� Ge.1J :��� JIJ 41, 49+1► rF.:,y JE�J E* 14, 18� 14, 893 15, 637 1�, 41� 17� �'lt� 28, l�� 1 "� � 00?' 1'�} '�.�.�8 �:�� 9�� �t�T ��.�f l_ w.l � L �L., W �4, �S'� :��, 47;=' ��, 74� �8� �8� �9, 486 .��, �E 1 ..:rt:� J�7 J�� 1J"Y ..3�, 841 �..i t � � �7 �t .��� JLJ 41, 43� 4�,:., 5E� 4�, 74,_, F _-�- 14� �1`�.�+ 1 S, E�7'. ],6, 419 17, 24� 18� 1+�� 1 �, �+� 7 �.9, �5H W�, ��.�.s L.� G � �L� �L' J � J � � �G� J �4, c�� t..J� �/i �:E, 745 �8� �8` �:9, 486 .?��, �61 ,?„! ��9 34, 134 ..:, �, 8 41 37, E.?�.=. .',`� � � l .`1 41, 4`�� �.:r � J�i..c.i 45, 74� 4 8 � �,.?, � ;� iJ� ��% 16, 41� 17, �4� 18, 10� 1 �, Q��7 f'3, '`358 G�y �JJ �� ��� , L J � 1 � c4, +:;. �'S, 47� �6, 745 �8� 08c: ��, 486 .30, '�E 1 :��y ,.���9 .34, 1.34 ?�5, 841 �..l�� G�JJ .5�� JSJ 41, 49Q� 4.3, S6S 4�, 74.� 48, t���Z� J�! `�F.:r� � PLANNING REPORT CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATION: � 30A Marriott Corporation Southeasterly Corner of Northland Drive and Pilot Knob Road (see sketck attached to report 85-30) Conditional Use Permit for Motel in I Zone, Variance to Front Yard Requirement; Variance to Sign Size, Height and Location l. Since the United Properties Business Center was platted in the early 60s, it�was anticipated that when the free- way system was complete, there would be demand and oppor- tunity for a motel near the intersection of Pilot Knob Road and Interstate 494. Now that the system is near completion, as the circumferential freeway makes its ultimate connection to 494 as it exists in South St. Paul, the time has now arrived where development in the area and the ensuing market is appropriate to construct a motel in the United Properties Business Park. The proposed motel will be a"courtyard"-type facility pioneered by the Marriott Corporation. The facility will consist of 146 rooms, with a lounge and coffee shop within the structure designed to serve in-house guests. There will be forty-six seats in the coffee shop and thirty-six seats in the loungP. The coffee shop will consist of 1,090 square feet and the lounge will have 960 square feet. 2. Attached are full-scale copies of the site plan, grading plan, landscape plan, and elevations of the structures. We are informed by the applicants that there will be addition- al illustritive plans presented at th� Planning Commission meeting, indicating typical room layouts, floor plans, etc. � •. MARRIOTT CORPORATION, CASE NUMBER 30A Page 2 3. The structure, you will note from the accompanying plans, will be three stories high with a gable roof. The attic under the gable will house the heating and air conditioning equipment serving the building. An enclosed swimming pool forms a part of the enclosure of the courtyard. You will note from the landscaping plan that there is extensive landscaping for the entire site, including emphasis on the courtyard created by the rectalinear shaped structure. 4. We have worked closely with the applicant's consultants in the site planning of the structure. You will note that there is a covered canopy extending over the driveway to the front entrance. Theoretically, this covered canopy should be set back 40 feet from the street right-of-way (south side of Northland Drive). The canopy is proposed -~ to be set back 25 feet from the street right-of-way, but the principle structure is located approximately 83 feet from the right-of-way. We suggest that the 25 foot set back of the canopy is a reasonable variance to the 40 foot normal requirement. Because of the angle of the freeway right-of-way on the south side of the property, the site has limited depth which can be mitigated by the canopied entrance being closer to the right-of-way than the required 40 feet. 5. The industrial district in th� City of Mendota Heights � includes motels as a conditional use in the industrial district. Restaurants are also listed as a conditional - use. Thus the applicant is applying for the conditional use. It is important to note that the lounge/bar area_. and the restaurant are unusual in as much as they do not ; cater to the passing public. There is not sign identifing the bar or the restaurant on the exterior of the structure. These facilities are designed to cater to the in-house guests principally. Thus, the parking proposed to support these facilities is less than that ordinarily required. The total parking consists of 161 spaces. The motel will require 146 spaces (one per room). Thus, there are 15 additional spaces to accommodate whatever capacity will be needed to serve the in-house restaurant and lounge. The normal requirement for a restaurant and lounge is one space for each employee plus one for �ach of three seats. Thus, this theoreticaly requirement would equal 27 spaces (one per thre� seats of the total of 82) plus�one of each of approximately 4 employees. Thus, the theoretical total parking requirem�nts for the lounge and restaurant would be 31 seats. Thus, you will note that the number of spac�s provided is approximately 50 percent. It has been our experience and that of the Marriott people that this accom- modation will be adequate. MARRIOTT CORPORATION, CASE NUMBER 30A Page 3 6. Two signs are proposed for this site. One would be a pylon sign at the southeasterly corner of the site to be located the required 40 feet from the right-of-way. The proposed sign size would be 230 square feet and 40 feet in height. The ordiance provides for a pylon of: 100 square feet and a height of 25 feet. The ordinance however makes not special provision for pylon signs contiguous to freeways. Because of the higher speed allowed on freeways, it is common and reasonable to provide a larger sign for public service oriented facilities contiguous to freeways. The City�of Rose- ville, for instance, a freeway sign may be up to 45 feet high, with 240 square feet maximum area. 7. A second sign is proposed on the north side of the building contiguous to Northland Drive. This sign will be a ground sign to be located in the landscaped - area between the public right-of-way and the entrance + drive. This strip is required to be 20 feet in the industrial district is slightly over 30 feet in width in part of the site and 40 feet near the east and the west end of the site along Northland Drive. The exact location of this ground sign has not been determined but is anticipated to be determined and illustrated to members of the Planning Commission at the December 12 meeting. The City as you know has traditionally approved sign set back to approximately 20 feet in the United Properties Business Center where signs are �' constructed as ground signs. 8. The president of the Marriott Corporation and their consultants will be present at the Planning Commission and Council meetings. Additional and illustrative data and drawings will be presented at the hearings to further inform the Commission and Council. It would appear that the proposed development will enhance the image and potential for the business park and will be beneficial to the as a whole. It is of interest to note that the Northland Land people propose to develop a restaurant on the site immediately to the west of the motel site at the immediate corner of Northland Drive and Pilot Knob Road. The restaurant will, of course, cater to the general public as well as guests of the motel. This is a common and appropriate and successful relationship for these allied facilities in this type of location. 2 aps� ' • �S ]' Fy,[��.l u..mo" ,� G" $� p,q ^�,,�� 3 {,� C/�p�` \ `+��° nr.000� " %t/� �e���� y.i �,�., � �`� � 3' °aa y3 �� � ,� tsa.wo� = �,.\ y�p _'• �� ` � i � �`_ r� e � gry 4>�: b 1 \� .. wa wo� ; x»..00� o t ; � �2�0 1 ` am � ; i76 il0 i68 200 �B9 T.3 i " � � A n F p v o � X 8 R % � � eR� 4 � � � + af wd � es .oa^ �n rod> >r.noa� n 3 � j ns.roa" 1 r�o ns � i�s tao aao rs T�.r.i.m.e.s.s.i r�.r.�.+.� r.e.r.iir..e....� r i.i.� ww...e. � 11 a 7Ytl J7 ?97 'jy7 1 2 3 �t � ff000�� O/.W9�� i1.f00�� 91.}00� :,�a » i9r xo� � • � B 7 6 5 � V��OP' 01�0011 Olapp�% U % e»,aoo� ■� �1�iJ3���'ii 11� � I90 209,9� � l 2 3 4 5 � oo.won eo.�oo� sr.aoo�� ev wo�' eo,wd� xoo r�o xuez� � « � � l0 9 9 7 "y, 6 "o Q O 4 . 01.900 q.]00 00.]00 00.]00 0�.]opti q.Tpp� � �' iGtl Ti i4T 247 Z90 14p 28Y H a n�arzT�rx..nrvr� [� � sai ea , asar , eao sco ess.r� Y - .. . . m _ r '= ' , O � a �.� R o � .-2 � ��.�� d s,o,s iae.�asa.' .� ++ 4 $ 5 _ � i78.8oaV � ii6.�oOt� ��; O _ re�trnta _ h�t�� �rt -� , � � tNTERSiATE 1i16HWAY N0.494 _ _ �ubject F'�o��rty - -- .-- 9 � R oo�.000� � 'xs ta W �� m U� n 2 iJl,BWv 0 µ� . �� � � i .� ��.ad'�s• �� , _>dm..�m � o� . � �1 .�... �'F�e.n'✓" �'/ 0 ne • � �� s° � , iJ r -t os ^"'::: ,.r. •r'-� , . 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' - �� , . s AN AGREEMENT FOR HQUBiN.�.� OF AM&UL.flNCE AND CREW This Agr�eerner�t, rn�.�de the 17tht day c,f Decernber, 1'�85, by ar�d betweerr the City af Mer:d�_�t� Height�, 7�� SF,�a�th �'I�za Dr�ive, Mer�d��ta Heights, Mir��r�esata .�.,�1��, (hereir��fi:er r,�fer�r�ed to �s CITYl , ar�d Di,vine Redeerner, Ambul.ar�ce Ser,vice, 7L4-i9th Avers�_�e N��+r�th, S� �aath 5t. F�a�.�l, h1N 5�+�7�, thereir��fter referr^ed t��� as OF'�RAI"OR) , � WNEREA�, the OF�ERATQR is � 1 i.�er��ed Advar'�ced i.ife S�.tppa �r,t ar��t�ular�ce service, pr,�:,vid i.r�g 'by c���r�tract amb�.�lar�ce ser,vices t�� r�ir�e c��,r�irn�_�r�it ie� ir� r�� �rther•r� Dakc�t�.� C�_�r.t��ty, ir�cl;_idir�g h1er��d�_��a Heights; ar;d WNEREA�, �he CI��ERf�TOR wishes �i� l�_scate �a�r�e af it� ar��b+_iiartce arad �tterrder�t cr�ew ir� a fir^e stat ic�r� _�wr�ed t�y the CITY; `=: , IV�W, THEREFDRE, the twc� p�r�ties �gr;ee tc� the f�2lowing terrns �r�d c�r�ditic�ns: 1. The CITY shal 2 a31ow the Q�ERATOR t� � place c�rce �r�b�.�lar��ce ar�d an atter�d�r�t crew ��f up t�_� 3 ernpl� �yees ir� its fire stat ir�r� located at �1�1 D=��cid FZc�aci. �. fl1=�ERATQR �rid its er�lpl���yees shall be lirnited t��� �_ise ��f the f��ll�,�wir�g s�a�ce� ar�d faci 1 i� ies: a. �r�e stalZ in the �ppar-�at�.ts bay. b. Mer�' s bunkr,c��e�m, k itcher�, ar�ci rK�eet ing r�����r��. c. Lad i e5 E�at hr�c{��+rn fac i 1 i t i e�, �h�t�ed �_rse ��rf r��� i rr �h�_,wer r���c�rn, �» OF�ERATOR ar�d :its erapi���yee� shal l � trea� CITY faci 1 it ie� arrd eq �.t i prnent w i t h car�e, ar�d w i 1 1 r��a i r�t a i r� C I TY prern i ses i r� a c 1 ear� ar�d ��rderly f�shi��n. OF�EF2ATOR sh�ll. be liable tr_� CITY �'c�r �,rry damage �c� C i TY fac i 1 i t i es �r�d eq �_� i pr�er�� 6ey �r�d ���r,r��� 1 r.�se. 4. J. As c��r�7per��sat i+�,r� f��r ir�c�^eased ��t z 1 ity a��d n��.�i�te�,ance c�sts, O��Ef2ATpR shall pay ta the GITY ���.�� r����r�thly. , O��ERATOR h�:,ld� CITY har�mless f�_�r- ariy I iabi I ity �rr damage t��� OF'ERATOR ec{�_�iprner�t ��r^ ir�,��_�twy t� O��ERATOR �rnplc�yee� while ir� GITY facilities. E. Terr�is -- Thi � Agr,eemer�t sh�l l b� a ter^r�� �_�f ��r�e year fr,c�rn the date �f Pxec�_tti�-�z�s, arsc4 carr be exter�d�d thet�eafter� by r�����u�l agr�eer��er�t ��,f the p�r^tiF=a. Either, par�ty r�ei:air�s the ra.ght t�a terminate the Agr^eer�ier�t at six r�����t�sth� fc�3.lr_�wirrg th� date �_�f exec�_�ti�r�. The Agr^eerne��t r�7ay �ls�_� be t er,m i r��t ed by e i t h�r, par�� y w i t h �� d�ys pr i��r, r�at i ee f��r^ any r,eas� �r� what ���ever. •: =. •�,, ;, . . , � , -----------•--------------------------- ---------------•----- David I�li l ler,, Divir�e Red�ern�r Date Arnb�_�lar�ce Servic�s ------------------------------------- ---�----------------- Kevir, D. Fr,azell, City Admir�istr,atc�r, Date / 0 �- s ,: : �: ��: t� � ' . , � . ... i- . . �3 Hultfple Family Residential District Am�ent: • � • i:� n � : i � �� : � � : �� � i i�.�� � ORDIldANCE N0. AN ORDINANCE AMENDING THE MENDOTA f�IGHTS ZONING ORDINANCE The City Council of the City of Mendota Heights, Minnesota ordains as follows: Section 1. Ordinance No. �01 Imown and referred to as the "Mendota. Heights Zoning Ordinanee" is hereby amended as follows: Section 10.1(1) is amended to read as follows: "Dwelling struetures containing two (2) units to twenty-four (24) units, provided no more than one hundred fifty units in a given development project or on contiguous properties are in structures which are identical or substantially similar architecturally." Section 10.2 Conditional Uses, is amended by adding the following paragraph: "10.2(7) Dwelling structures of twenty-four (24) units or more". Seetion 10.4(4) is amended to read as follows: "The following minim�.mm lot area per dwelling unit requirements shall be observed: 1 Story 2 Story 3 Story or more 6,310 sq. ft. 5,500 sq. ft. 5,100 sq. ft. 7,500 sq. ft. 6,530 sq. ft. 6,050 sq. ft. :-. .. 8,290 sq. ft. 7,210 sq. ft. 6,680 sq. ft." Section 2. This Ordinance shall be in full force and effect from and after its publication according to law. ..'l'..'i f Enacted and ordained into an Ordinance this day of , 1985. CITY OF NSENDOTA HEIGHTS By Robert G. Lockwood Mayor ATTEST: - Mary Ann DeLaRosa :-. Deputy Clerk A-,2 Medi� Density Residential District Amen�nent: CITY OF tfEIdDO�fA FIEI(�1'is DAKOTA OOUN1'Y, I�ID+IN�TA � �n � : «' � � AN ORDINANCE ANfENDING Tf� NSErIDOTA HEIGHTS ZONING ORDINANCE .. The City Council of the City of Mendota Hei�ts, Minnesota ordains as r;� " PO110WS: Seetion 1. Ordinance No. �01 4mown and referred to as the "Mendota Heights Zoning Ordinanee" is hereby amended as follows: The title of the Seetion will be amended to read as follows: "SECTION 9. "R-2" MEDIUM DENSITY RESIDENTIAL DISTRICT" Section 9.1 is amended.to read as follows: ' "Permitted Uses Within the "R-2", Meditun Density Residential District, no structure or land shall be used except for one (1) or more of the following � •. uses . " Section 9.1(2) is amended to read as follows: "Dwelling structures containing two (2) units to twenty-four (24) units." Section 9.2 is amended to read as follows: "Conditional Uses Within any "R-2", Medium Density Residential District, no structure or land shall be used for the following uses except by conditional use permit." : *:: :.� � Section 9.3 is amended°to read as foi].�ws: "Permitteci Aecessory Uses Within any "R-2", Medium Density Residential District, the fa2iawing uses shail be permittted aecessory uses.r' Seetian 9.�(1) is amended to read as follows: "No structure ar buildirig shall exeesd two �2) stories or twenty-five (25) feet whichever is the Iesser in height exeept as pravided a.n Seetion 20." , Section 9.4(3} is amended to read as follows: "1'Yte following minimt�m requirements sha]1 be observed subject to the additionaz requirements, exceptions and modi.fieatians as set forth in this Seetion and Section 20. Dwellin� 1 Family Lot Areal Lot Lot Area Unit Width i5,000 sf 15,000 sf 100 ft Frant Side ftear Yard Yard Yard 3o ft � o ft 30 �'t� 2 Family 20,QOQ sf 1Q,OQQ sf 1Q0 ft 30 ft 10 ft 30 ft� 3 Family 30,000 sf 10,000 sf 150 t`t, 30 ft 15 ft 3a ft� ar larger � Or 20� of average lot depth, whichever is greater" Sectian 2. This Ordir�anee shall be in full faree and effect fran and after its publication according to law. ' Enaeted and ordained onto an Ordinance this day of , 1985. ATTEST: Mar�y Aann Del.aRosa Deputy Clerk CITY OF MENDO'�A HEIGHTS By Robert G. Loeicwoad Mayor R-1C One Familp Residential Distriet Am���e.nt (Ne�w Distriet�: � � r;� ri �• r c: ���� � ►� nii�.�� • � ; i �_� ,�M �.f ORDINANCE ANfENDING THE MENDOTA HEIGHTS Z(�1ING ORI7INANCE The City Counail of the City of Mendota Heights, Minne�ota ordains as follows: Section 1. Ordinanee Na. 401 lulown and referred to as the "Mendata Heights Zoning 4rdinanee" is hereby amended as follaws: A new Seetion is added to the Qrdinanee, Seetion $B, which will read as follows in its entiretyz r'SE�CTION 8B. "R-1C" ONE FA,i�ELY p�ESIDENTIAL DISTRICT 8B.i Permit�ed Uses Within the "R���fff One Family Residentia2 Distriet, no �and or structures shall be used except for one (1) ar more of the following uses. 8B.1(1) Any use per�nitted and regulated within Section 7.1 oF this Ordinance shall be a permitted use. 8B.2 Conditianal Uses Within any "R-iC", One Family Resi.dential Distriei, no structure or iand shall be used for the following uses except by conditional use permit. $B.2(1) Any use permitted in Section 7.2 of this Ordinance and as regu2ated herein shall be a use by conditional use permit. $B.3 Permitteci Aecessory iJses Within any "R-1C", One Family Residential Dzstriet, the following u�es shall be permitted accessory uses. 88.3('1} Ar►y use permitted in Section 7.3 and as regulated herein shall be a permitted accessory use. 8B.4 Lot Area, Height, Lot Width, and Yard Requirements 8B.4(1) No structure or building shall exceed two (2) stories or twenty-five (25) feet in height, whichever is the lesser, except as proveded in Section 20. 8B.4(2) A side yard abutting a street shall not be less than thirty (30) feet in width. 8B.4(3) The following minim�mm requirements shall be observed subject to the additional requirements, exceptions, and modifications as set forth in this Section and Section 20. Hei t Lot Area Lot Width Front Yard Side Yard Rear Yard 1 and 2 20,000 100 ft. 30 ft. 10 ft. 30 ft., or 20 � of story sq. ft. average lot depth, .. , whichever is greater" Section 2. This Ordinance shall be in flil.l force and effect fran and after its publication aecording to law. �hacted and ordained into an Ordinance this day of , 1985. CITY OF N1E[1DOTA HEIGHTS By Robert G. Lockwood Mayor ATTFST: Mary Ann DeLaRosa Deputy Clerk � Planned iiait Development District Amendment (Ne� District): CITY OF t�+IDOTA HEI(�iTS DAKOTA OOUNTY, hBNNF.90TA r� ' � ��s �.�' :� AN ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE The City Couneil of the City of Mendota Heights, Minnesota ordains as , follows: Section 1. Ordinance No. 401 lmown and referred to as the �T4endota Heights Zoning Ordinanee" is hereby amended as follows: A new Section is added to the Ordinance, Section 10A, which establishes a new Zoning District, the Planned Unit Development District, which will read as follows in its entirety: "SECTION 10A. PLANNED UNIT DEVELOP'MEDTT DISTRICT � 10A.1 Purpose and Definition The purpose of the Planned Unit Development District is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate adequate and eoonanical provision of streets and utilities; to preserve the natural and scenic qualities for open areas; to encourage a diversity of housing types within a given development and within the canmi.mity as a whole; and to limit development to a scale appropriate to the existing terrain and surroimding land uses. 10A.1(1) The Planned Unit Development District will be comprised of three types of zoning designations, one of which will be applied for on a given development project: 10A.1(1)a HR-PUD, High Density Residential Planned Unit Development District: This District is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity generally equivalent to the R-3 Zoning District. � 10A.1(1)b MR-PUD, Medi�.un Density Residential.Planned Unit Development ' �Distri�et: This District is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity g�enerally equivalent to the R-2 Zoning District. 10A.1(1)e Office-PUD, Office Planned Unit Development District: This District is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity generally equivalent to the B-1 Zoning District. 10A.2 10A.2(1) Approval and Administration A rezoning to the Planned Unit Development District may be approved only if it satisfies all the following standards: 10A.2(1)a The Planned Unit Development is consistent with the ::.:� Comprehensive Plan oP the commi.mity. �;�,{ 10A.2(1)b The Planned Unit Development is an effective and i.mified treatment of the development possibilities on the project site and the development plan provisions for the � preservation of tmique natural amenities such as streams, stream banks, wooded cover, raugh terrain, and similar areas. 10A.2(1)c The Planned Unit Development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. 10A.2(1)d Financing_is available to the applicant on conditions and in an amount which is sufficient to assure completion of the Planned Unit Development. 10A.2(2) In a Planned Unit Development District the number of dwelling units proposed for the entire site shall not exeeed the total ntmmber permitted under the density control provisions of the equivalent standard Zoning District. The HR-PUD District will use the standards of the R-3 Zoning District as a guide; the I�t-PUD District will use the standar�ds of the R-2 District as a guide. If the Planned Unit Development is in more than one (1) zoning district, the ntmmber of allowable dwelling units must be calculated separately for each portion of the Planned Unit Development that is in a separate zone, and must then be combined to determine the ntmmber of dwelling i.mits allowable in the entire Planned Unit Development. 10A.2(3) The Planning Ccmnission shall determine the number of dwelling t.ulits which may be constructed within the Planned Unit Development by dividing the net acreage of the project � area by the required lot area per dwelling unit which is required in the equivalent zoning district for the area in which the Planned Unit Development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets, but shall include all lands to be conveyed to the City for public perks. � 10A.2(4) Coordination with Subdivision Control Or�dinance. 10A.2(4)a It is the intent of this Ordinance that the review of a rezoning to a Planned Unit Development District will be carried out substantially in the same manner as the review of any other application under the subdivision control ordinance. When such a rezoning is approved, the Planned Unit Development shall be designated on the Official Zoning Map of the City, and shall constitute the only zoning available to that property, other than the existing �derlying zoning, until it is amended.as provided for under the provisions of this Ordinance. 10A.2(�)b The specific submission requirements and the approval r`•%:'. process to be followed for projects applied for under this Section shall be substantially the same as those required for a Planned Unit Development under Section 19 of this Ordinance." � �: Section 2. This Ordinance shall be in full force and effect fran and after its publication aecording to law. Enacted and ordained into an Ordinance this day of , 1985. ATTEST: Mary Ann DeLaRosa Deputy Clerk CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor : ., . =s Minor Ame�nent to R-1A District: � • +:� n � � i� � � : • � � �� ir i o-.�� � �� . � , «. � AN ORDINANCE ANfENDING Tf� MENDOTA HEIGHTS ZONING ORDINANCE The City Council of the City of Mendota Heights, Minnesota ordains as follows: Seetion 1. Ordinance No. 401 lmown and referred to as the "Mendota Heights Zoning Ordinance" is hereby amended as follows: Section 8.1 is hereby amended to read as follows: "Within the "R-1A", One Family Residential District, no land or structures shall be used except for one (1) or more of the following ���n ���� Section 2. This Ordinance shall be in full force and effect fran and after its publication according to law. Enacted and ordained into an Ordinance this day of , 1985. CITY OF NIEPJDOTA HEIGHTS By Robert G. Lockwood Mayor ATTES'T : Mary Ann DeLaRosa Deputy Clerk ,� ::: �:�, :� ::} �: � Minor Aaezxlment , to R-1B Districb: � � �s i� � � 'i:� c:: � � • � • �� �r i i:,�c� • ORDINANCH N0. AN ORDINANCE AMENDING TEIE MEAIDOrfA I�IGHTS ZONING ORDINANCE The City Couneil of the City of Mendota Heights, Minnesota ordains as follows: Seetion 1. Ordinance No. 401 lalown and referred to as the "Mendota Heights Zoning Ordinance" is hereby amended as follows: Section 8.1 is hereby amended to read as follows: "Within the "R-1A", One Family Residential District, no land or struetures shall be used except for one (1) or more of the following uses. �r Section 2. This Ordinance shall be in fl.ill force and effect from and after its publication aecording to law. Enacted and ordained into an Ordinance this day of _ ATTF.ST : Mary Ann DeLaRosa Deputy Clerk CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor , 1985. • ..•.� � .: :r�,- � �'.• . SECTION 19. PLANNED UNIT DEVELOPMENT 19.1 19.2 19.2 (1) Purpose and Definition This Section establishes provisions for the granting of a conditional use permit to provide for a Planned Unit Development project. The purpose of the Planned Unit Development is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate the adequate and economical provisions of streets and utilities; and to preserve the natural and scenic qualities for open areas. A Planned Unit Development shall be defined as any project utilizing ten (10) or more acres of contiguous land wherein there is (a) more than one (1) principal building per lot, or (b) more than one (1) use per lot. Approval and Administration The Planned Unit Development may be approved only if it satisfies all the �ollowing standards: 19.2(1)a The Planned Unit Development is consistent with the Comprehensive Plan of the community. 19.2(1)b The Planned Unit Development is an effective and uni_fied � treatment of the development possibilities on the project site and the development plan provisions for the preservati of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas. 19.2(1)c The Planned Unit Development can be planned and developed to harmonize with any existi.ng or proposed development in the areas surrounding the project site. 19.2(1)d Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the Planned Unit Development. 19.2(2) In the Planned Unit Development the number of. dwellinq units proposed for the entire site sha11 not exceed the total number permitted under the density control provisions of the zoning district(s) in which the land is located. If the Planned Unit Development is in more than one (1) zoning district, the number of allowable dwelling units must be separately calculated for each portion of the Planned Unit Development. that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire Planned Unit Development. (401) 90 <' 19.2 (3) The Plann�ing ,Commission shall det�rmine the �number of � dwelling units which may be constructed within the Planned Unit Development by dividing the net acreage of the project area by the required lot area per dwelling unit which is required in the district which the Planned Unit Development ' is located. The net acreage shall be defined as the project area less the land area dedicated for public streets, but shall include all lands to be conveyed to the City fo,r public parks. The project area includes all the land within the Planned Unit Development which is allocated for residential uses, or for common open space as defined in this Ordinance. Land to be dedicated for public streets is to be excluded frcm the project area. 19.2(4) Coordination with Subdivision Contr.ol Ordinance. 19.2(4)a It is the intent of this Ordinance that subdivision review under the subdivision control ordinance be carried out simultaneously with the review of a Planned Development under this chapter of the Zoning Ordinance. 19.2(4)b The plans required must be submitted i requirements of the the preliminary and regulations. under this section of the Ordinance n_a form which will satisfy the subdivision control ordinance for final p].ans required under those 19.2(4)c Performance Bond: The subdivider shall furnish a public contractor's performance bond as prescribed by Minnesota Statutes, with corporate surety in a penal sum equal to 125 percent of the Engineer's cost estimate for the required improvements to be furnished and/or installed �� by the subdivider. The performance bond shall be approved by the Attorney prior to its acceptance. A certified check shall be submitted by the subdivider for the estimated inspection c�sts of the required improve- ments to bP furnished and/o.r installed by the subdivider. Said check is to be submitted at the time of the submission of. the performance bond. 19.2(5) All other development regulations not specified in the Planned Unit Development Section or specified as a condition to the conditional use permit shall appl_y as regul�ted in the zoning district in which the Planned Unit Development would be located. (4�1) 91 ,� � 19.2(6) It is the intent of this Section, Planned Unit DeveloPment, to pr.ovide a means to allow substantial variances from the provisions of this Ordinance including uses, setbacks, height, and similar regulations not including parking requirements, off-street loading, necessary landscaping, and the like. Variances may be qranted for the Planned Unit Developments provided: 19.2(6)a Certain regulations contained in this Ordinance do not realistically apply to the proposed development due to the unique nature of the proposed development. 19.2(6)b The variances, if granted, would be fully consistent with the general intent and purpose of this Ordinance. 19.2(6)c The Planned Unit Development would produce urban develop- ment and urban environment of equal or superior quality to that which would result from strict adherence to the provision of this Ordinance. 19.2(6)d The variances will not constitute a threat to the pr.operty values, safety, health, and general welfare of the owners or occupants of adjacent or nearby land, nor. be detrimental to the health, �afety, morals, and general welfare of the people of the community. 19.2(6)e The proposed development is of such a unique nature as to require conside.ration under conditions of the Planned Unit Development. 19.2(6)f It shall be determined that the v'ariances are required for a reasonable and practical physical development according to a comprehensive development plan and are not required solely on the basis of financial consideration 19.3 Pre-Application Conference Before submitting an application for a Planned Unit Development, an applicant at his option may confer wit'1 the Planning Commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. 19.4 Sketch Plan 19.4(1) An applicant shall make-application for�a conditional use permit fo.r the approval of a Planned Unit Development in accordance with Secti.on 5.6 of this Ordinance. The _ applicant wil]_ accompany his application with a sketch plan as spec�.fied in this section. (401) 92 19 . 4 ( 2 ) A sketch plan rnust include �bo�.h maps �and Fa� �written � `-' ' ' `� '" sta�ement, and mus�. show enaugh°of the area surrounding � the praposed Planned Unit Development to demonstrate the relationshi� of the Planned Unit Development to adjoining uses, both existing and praposed. I9.4(3} The maps which are part o� the sketch plan may he in general. schema�Gic �orm, and must contain �.he �ollowing infarmatian: 19,4(3}a The existing topographic character of the land. 19.4(3)b Existing and proposed land uses and the approximate Iocatian o� buildings, utilities, and unique development features o� the site. 19.4(3)c The location of major �haroughf.ares. 19.4(3)d Piiblic uses, including schools, parks, playgrounds, and other apen snaces. 19.4(4) The written statement to accompany the sketch plan: must con�ain the fol3owing information: 19.4{4}a An explanation of �he �haracter af the Planned Develapment and the manner in which i� has been planned to take advantage of the Planned Develapment regulations, . � 19.4(4)b A statemen� of proposed financing. 19.4(4)c A statemen� of the presen�. ownership af a11 of the land � incluc3ed within the Planned,Develapment. 19.4{4}d A general indication of the expected schedule of development inrluding progressive phasing and time schedules. 19.4(4}e The character and appraximate densit,y of dwel.ling units. 19.4(4)f Estimated indu�trial acre�ge and projected emplaymen�. 1.9. 4{4 } g Estima�Ged square faatage of. commercial development. 1.9..4(4}h Estimated amaunt o� developed open space. 19.5 Appraval o£ the Sketch P3an 1g.5{1} The Planning Commission shalZ make recommendations regar.ding the Sketch Plan indicating approval, disapp.raval, �r appraval w�.th modifications, and give the rea�ons for. these r.ecommendations. . ��. � •,r � 19.6 Preliminary Development Plan `- 19.6(1) �If the Sketch Plan has been approved, the Planning Commission may authorize the submission of Preliminary and Final DeveJ.opment Plans in stages according tc� the phasing and timing schedule indicated in the Sketch Plan. If a Preliminary Development Plan coveri.ng phase one (1) has not been submitted within three (3) months following the approvaJ, of the Sketch Plan, the Planning �ommission may withdraw its appr_oval of. the Planned Unit Development In its discretion and for good cause, the Planning Commission may extend for three (3) months the period for the filing of the Preliminary Development Plan. 19.6(2) The Preliminary Development Plan must include alJ. of the following information: 19.6(2)a A map showing street systems, plot lines and plot desiqn� �� 19.6(2)b Areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, playways, school sites, public buildings, and similar public and semi-public uses. 19.6(2)c A plot plan for each huilding site and common open area, showing the approximate location of all buildings, structures and imp.rovements and indicating the open spacc around buildings and structures. C 19.6(2)d Elevation and perspective drawings of all proposed �,-::: structures and improvements except single family residenr_ • and their accessory buildings. The drawings need not be the result of f.in�l architectural decisions and need not - be in detail. 19.6(2)e A development schedule indicating (1) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin; (3) the anticipated rate of development; (4) the approximate dates when the develc•pm� of each of the stages in the development will be completr and (5) the area and location of common open spa.ce that will be provided at each stage. 19.6(2)f Aqreemerits, provisions, or covenants which govern the usr. maintenance and continued protection of the Planned Development and any of its common open areas. 19.6(2)g The following plans and diagrams: l. An off-street parking and loading plan. (401) 94 � 2. A circulation diagram.indicat�ng the pr,oposed�movement _ of vehicles, goods, and pedestrians within the Planned �- Development and to and from.existing thoroughfares. ' Any special engineering features and traffic regulation devic es needed to facilitate or insure the sa.fety of this circulation pattern mu�st be shown. 3. A landscaping and tree planting plan. 4. An economic feasibility report or market analysis. 19.7 A�proval of Preliminary Development Plan . 19.7(1) If a sketch plan has been submitted and approved, the applicant shall�•file the preliminary development plan with the Planning Commission. The Planning Commission �� shall give notice of a public hearing in conformance �:�►�;� with Section 5.6 of this Ordinance. ,•;• : ��- 19.7(2) The Planning Commission shall review the preliminary development plan and after the hearing forward the plan to the Council with a written report recommending that the plan be disapp.roved, approved, or approved with modifications, and give the reasons for these recommendations. 19.7(3) The Council shall give notice under Section 5.6(5) of this Ordinance for a public hearing to be held on the plan. The hearing shall be held not more than thirty (30) days -'���+c� after the receipt of the Planning Commission's staff report. After the hearing the Council shall disapprove or approve the outline development plan, or approve the � outline development plan with modifications., ���-�` 19.7(3)a Upon approval of the Preliminary Development�Plan by the ' Council, the Council shall grant the conditional use permit. 19.8 Approval of Final Development Plan 19.8(1) Within six (6) weeks following the approval of the Preliminary Development Plan, the applicant shall file with the Council a Final Development Plan containing in final form the information required in the preliminary plan. In its discretion and for good cause, the Council may extend for six (6) weeks the pe.riod for the filing of the Final Development Plan. 19.8(2) The Council shall review the Final Development Plan and . shall approve the Final Development Plan if it is in substantial compliance with the Preliminary Devel.opment Plan. The Clerk of the Council shall record the Final ` Development Plan in the manner provided for recording � plats of subdivision. (401) 95 :F � + � 19.9 Failure to Begin Planned Development ,If no canstruction has begun or no use established in the Planned Unit Develapment within one {1} year �ram the approval of the Final Develapment Plan, the Final Develap- men� Plan shall lapse and be af no further ef�ect. In its discretion and for gaod cause, the Council may ex�end for one (1) additional year the period for the beginning of con�truction or �.he establishment of a use. 19.10 Amendznents of Final Development Plan Na changes may be made in the approved final plan duri.ng the constructian o� �.he Planned Unit Developmen� except upon application ta �he appropriate agency under �.he procedures provided below: 19. 10 (7.) M3.nor changes in the Zocati.on, siting, and height of buildings and structures may be authorized by the Council if required by engineering or other circumstances riat fareseen at the time the final plan was approved. 19.10(2) A11 other changes in use, or rearrangements of 1ots, blocks and building trac�s, any changes in the provi.sa.on �- o£ common open spaces, and all other changes in the . approved final pian must be made by the Cauncil, under ,�.�; the procedures autharized by this �rdinance for the amendment of the condz�ional use permit. No amendments may be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy o�.the community.., 19.17. Enforcing Development 5chedule The construction and provision of all af the common open spaces and public and recreational faci].ities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every three (3) months foll.owing the approval of the final developm.ent p1an, the zoning administrator shall review all of the building permits issued for the Planned Unit Develapment and examine the cons�ructian which has taken place on site. If he shall find that the rate of construction af dwelling units is greater than the rate at which common open spaces and public and recreational facil.ities have been const-ructed and provided, he shall forward this information to �he Council, which may revoke the Planned Unit Development permi�.. {401) 96 19.12 Ccrnveyance and Maintenance oi Cammon Open Space 19.].2(1) Al1 land shown on the final develogment plan as•common . apen space must be ccrnveyed .under�one {1) of the following options: I9.12(1}a I� may�be conveyed ta a public agency which will agree �o maintain the common open space'and"any buildings, structures, or,improvements which have been placed an it. 19.12(I)b I� may be conveyed ta trustees estab].ishing an associata.on or �he main�enance of the Planned open space m�st be conveyed to covenants to be approved by the which restrict the cominon open on the final development plan, maintenance of the comman open assures its continuing u�e for pravided in an inden�ure similar organiza�ion for Development. The common the �.rus�ees subject to Pla.n.n.a.nc� Cornmiss�.on s�dce to the uses specifi.ed and which provide for the space in a manner which its intended purpose. 19.12(2j Na common opan space may be put to any use not speci.fied in the final development plan unless the final development plan has been amended ta p�rmit tha� use under �his Ordinance. However, no change of use authorized under this Ordinance may be considered as a waiver af any af the covenants limiting the u�e of common open spac� areas, and all ri.gh�.s to en�arce these covenants against any use permitted under this Ordinance are ex_pressly reserved. I9.12(3} I� the common open space is not conveyed to a public agency, either one (1) of the following methods of enforcement must be provided: 19.I.2{3}a The legal right �a develop the cammon apen space for the _• uses not specified in the final development plan must be conveyed ta a public agency. ' 19.12(3)b The restrictions governing the use, impravement, and maintenance of the common open space must be stated as conditions to th� conveyence of the common crpen space, the fee ta.tle to the common open space to vest in a public agency in the event af a substantial default in _ the stated condi�.ions. 19.12(4) .I� the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space may authorize a public agency �.o enforce their provisions. c4n� � q� . �._ ' ' � �M 19.13 19.13 (1) Standards for Common or Public Open Space The location, shape, size and character of the common open space must be suitable for the Planned Development. 19.13(2) Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character o.f the Planned Unit Development, considering its size, density, expected population, topography and the number and type of dwellings to be provided. 19.13(3) Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. 19.13(4) The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the Planned Unit Development. 19.13(5) If the final development plan provides for buildings, or structure improvements in•the common open space the developer must provide a bond or other adequate assurance that the buildings, structures, and improvements will be completed. The Planning Commissic�n shall release the bond or other assurance when the buildings, structures, or improvements have been comPleted according to the development plan. 19.14 Guarantee the Provision of Common Open�Space The planning Commission may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan will be provided. The following methods of assurance are intended as illustrative, and they may be used singly or in combination: 19.14(1) The Planning Commission may accept a bond, corporate surety, or other acceptable financial guarantee, in a form which, complies with the provisions of the subdivision control ordinance, and in an amount sufficient to purchase the common open space shown in the final development plan or alternative acreage which is equivalent in size and character. (401) 98 ,. _,.. :�� ::�':�: 19.14(2) The land shown as common open space may be put.in escrow, the.�escrow agreement to•provide that the land is to be held .in escrow until the Planning Commission has certified to the escrow agent that the Planned Unit Development has � b�een completed, at which time the common open space is to be conveyed as provided by City Ordinance. The escrow agreement may provide for the release of the common open space by the escrow agent in stages, the Plannina Commission to certify the completion of each stage of the Planned Unit Development to the escrow agent. The escrow agree- ment must provide that a portion of the open space is to be conveyed in the manner provided by City Ordinance, if the Planned Unit Development is not completed. In this event, the open space which is conveyed is to bear the samP.progortion to the open space provided on the final development plan as the dwelling units that have been built bear to the total number of dwelling units which . are�allowable by the final development plan. 19.14(3) -If�any of the Planned Unit Developments which includes common open space is held by the developer on option, the developer may assign to the Planning Commission the right to exercise the option to acquire the common open space. 19.15 Control of Planned Unit Development F'ollowing Completion 19.15(1) The Planninq Commission shall issue a certificate certifying -`{°�= the completion of each phase of the Planned Unit Develop- ment, and the Clerk of the Planning Commission shall note the issuance of the certificate on the recorded final development p�lan. , ; . '�� 19.15(2) After the certificate of comp].etion has been issued, the •� use of land and the construction, modification, or alteration of any buildings or structures within the Planned Unit Development will�be governed by the approved final develop- ment plan rather than by any other provisions of this Zoning Ordinance. 19.15(3) After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below: 19.15(3)a Any minor extensions, a.lterati.ons, or modifications of existing buildings or structures may be authorized by the Planning Commission if they aze consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cube of any building or structure by more than ten (10) percent. (401) 99 � l � -_. 19.15(3)b Any uses not authorized by the approved final plan, but � allowable in the Planned Development as a permitted use ` •- under the provisions of the Zoning Ordinance or permitted as a conditional use in the zone in which the Planned Unit Development is located, may be added to the final development plan under the procedures provided by the Zoning Ordinance for the approval of conditional uses. 19.15(3)c A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under this Ordinance. 19.15(3)d Changes in the use of common open space may be autharized by an amendment to the final development plan under this Or.dinance . ' 19.15(3)e All other changes in the final development plan must be �`i'= made by the Council, under the procedures authorized by this Ordinance for the amendment of the zoning ordi.nance. No changes may be made in the .final devel.opment plan unless they are required for the continued successful functioning of the Planned Unit Development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes � in the development policy of the community. � 19.15(4) No changes in the fi.nal development plan which are approved : ••:, under this section are to be considered as a waiver of. the covenants limiting the use of land, buildings, structures, and improvements within the area of the Planned Development, and all rights enforce these covenants against any changes permitted by this section are expressly reserved. ' � (401) 100 Courtyard by Marriott from the Developer's Point of View. The two key considerations about having a Courtyard by Marriott in your development are the who and the what of this opportunity. Marriott leadership and prestige convey a value and enhancement to any property from the moment the first announcement sign is posted on your vacant lot. Here's a comment on that from Allen Meredith of Trammell -Crow Company in Atlanta, de- velopers of the multi -use project where the Atlanta Northlake Courtyard is located: «The ink was hardly dry on the first papers we signed with Marriott when we were already getting a good press on it in the local paper. And other prospective builders on the same and on adjacent properties began to perk up their interest considerably...99 The architecture of Courtyard is residential in scale and can be zoned in areas where many motels and hotels are prohibited. Dramatic proof of that came from one of our new Courtyards in Deerfield, Illinois. Swen Flodstrom of Flodstrom Con- struction Company, who is developing the adjoining multi -use project, summed it up this way: They were historically opposed to any hotel there. But after they saw the plans, the Chairman of the Planning Commission and the Village Mayor were instrumental in the rewriting of zoning regulations to make way for Courtyard", Besides providing design that's compatible with a wide range of architectural styles, Courtyard architecture and ambitious land- scaping offer measurable enhancement to a development's environment. In that connection, let's look at another one of our Atlanta Courtyards in Peachtree - Dunwoody. Here's the comment from Jim Bell of Alen Morris Company (who are de- veloping the adjoining multi -use property): «What attracted us particularly was the re- sult Marriott gets by in- vesting twice the average landscaping budget. They care a lot. And it shows. Same with the quality of the archi- tecture.There's no blank side. No abrupt back end. It flows in harmony with the ad- joining areas ...very important, consid- ering the traffic flow in our development?) What if there's a hotel already on the development or in the planning stage? Several developers have commented on the very clear advantage Courtyard offers in that regard. Filling the position it does as a moderately priced hotel with a full range of quality services, Courtyard can stand alone in a development or it can complement a full service hotel. When combined with a full service hotel, Courtyard provides diversi- fication and freedom of choice now denied to many individual travelers. Moreover, the lifestyle of the typical Courtyard customer is more favorably inclined toward Courtyard's atmosphere, free of the big hotel's hustle - bustle, the waiting for elevators, the incon- venient, busy parking lot (often with a fee), the convention pressures and other dis- tractions.This is borne out by the develop- ment of the Windy Hill, Atlanta Courtyard property located in the North by Northwest Office Park.There, Jim Andrews (President of North by Northwest) comments on the Windy Hill Courtyard success story: it We have a 220 -room national chain hotel and the Courtyard both within a stone's throw of each other and they're both doing very well in- deed. I figure that with Courtyard, we can now serve and satisfy a wider range of needs for the whole business community here.%% arriottthe prestige name among the leaders of the hotel and lodging industry, has developed a hotel success on which to build, grow and benefit in the decades ahead. k's called Courtyard by Marriott. The Marriott Corporation—a three -billion -dollar, quality -oriented, growth - motivated company began the Courtyard idea by recognizing a huge and growing need among American travelers—especially business travelers.That unmet need pointed the way clearly toward a new hotel concept—Courtyard by Marriott—"a special little hotel at a very comfortable price."The concept called for amenities and comforts no motel or motor inn could match—scaled to individual needs and priced in a moderate range no large full-service hotel could offer. Marriott put three years and $40 million worth of research into the Courtyard concept. Out of this research came the basic design of today's suc- cessful, operating properties. It is a well -landscaped hotel with terraced walks and a country resort atmosphere. It has conference rooms, a small restaurant and lounge and many unique, comforting extras. Such as an enlarged room size. A distinctly separate seating area in every room (and a king-sized bed in most rooms). A pleasant balcony or patio. A Courtyard swimming pool and a hydrotherapy whirlpool. And much more. No wonder, then, that the first five Courtyard properties, opened in Georgia in 1983/84, were immediately suc- cessful. Building on that success, Marriott is actively proceeding with the de- velopment of Courtyards coast to coast. Hundreds more within the decade. Clusters of them in all the major metro areas. A one -to -two -billion -dollar program of expansion is what Marriott is currently planning. "Talking Business With Marriott is a Pleasure' Developer Joe Callahan said that. He's a part- ner in Callahan Pentz Properties. Joe, who was vitally involved in the development of Hacienda Business Park, a multi -use business park in Pleasanton, California, knows what to look for in the company he keeps (and does business with). Here are three important elements that attracted him to Courtyard: 1 Courtyard by Marriott is company • owned and operated by Marriott— with no third party to complicate matters. You negotiate directly with the principals. Marriott has the financial capability • and resources to move quickly and flexibly. With top-level support when nego- tiations are under way. Developer Clai Carr of Rouse & Associates says: "I was surprised and pleased that once we started talking busi- ness seriously, I had no difficulty in picking up the phone and getting help and support from the Regional Real Estate Directors and the V.P. of Courtyard Development, Paul Novak." Courtyard by Marriott has a dedicated • team of support experts responsible for each sector of the country—the most comprehensive and complete support team you will ever encounter for a hotel of this category. And the Marriott Regional Real Estate Director of the Courtyard project within your development will have access to Corporate support in the following areas: Market Feasibility Engineering Architecture and Design Construction Management Legal Finance Marketing Operations Management Marriott Development Criteria Marriott is selectively seeking high quality established or new growth locations with concentrations of: • Quality office space with National and Regional tenants. • Environmentally clean, high quality industrial and distribution space with District, Zone, Regional, office facilities. • Commercial and retail activity; regional malls, speciality shopping centers, restaurants. • Middle -to upper -middle income residential. There must be a real project to discuss. Marriott is not interested in speculative, "in -the -future" discussions. Developers must have financial support necessary to pursue their overall project. In short, and in every sense of the phrase for you and for Marriott ...Courtyard by Marriott means business. II II III 1 1111111111111 IIIIIIIIIIIIIIIII!I11111 lliiui a it II D vy A Hotel Development To Build A Future On. The Courtyard environment is easy to live with— inside and out. Integral to the design -plan of the exceptionally well -landscaped Courtyard by Marriott is the centrally located courtyard which inspires its name. (See left page). Here, terraced walks surround the swimming pool, reflecting the quiet good taste of this "special little hotel." A certain spirit that begins right in the lobby. From the very first moment of check-in, the friendly, generous spirit of Courtyard and its staff comes through, to make the traveller feel welcome and aware that this is no ordinary overnight "stopover." Spacious rooms and even more spacious suites. Guests continually express their pleasure over the pleasing decor and the many surprising "extras" that set Courtyard apart.The separate seating arrangement that you find in every room, for instance. Or the sliding glass doors that lead to a pleasant balcony or patio. It all adds up to true living and working space... to the kinds of amenities and attractions that prompt travellers to bypass other places. Feeling at home away from home is the whole idea behind Courtyard by Marriott. ehS �3��1ji�! . y' The indoor Hydrotherapy Pool is a year-round favorite. After a wearying trip or an active business or shopping day, nothing beats a long, relaxing soak in the Hydrotherapy Whirlpool. A cocktail lounge with the feeling of a living room. It's not a noisy, chromed -up bar—it's an inviting social—gathering place adjoining the restaurant, where guests enjoy quiet conversation over their drinks. Courtyard takes pride in good food, good service. Courtyard's congenial, informal restaurant is one more among a host of reasons why so many guests tell us in so many ways: "We're glad we came here. You'll be seeing us again." Z' ,10� �IVEii�lAfS3 t1EE1- ' osr r-r ►aK. •� �iu� r�iw wwa. � . . . ���a "'.� "" � . � I�l�f".A �J�' "'' . ' . . l►.�►��"':�1�"°��. • . �m'm"saon �� r�„E' . ,�o,n,u. _ ort„ - t�tt awr�t - c� - mumrr - urtc � -r�ra-muw � ` �wai ns rm � • • _ srtt � rot wcrwa�m� �trwu. ��nKWsnrriu���+rt. r��10 Ilt C;RADE � � CONCRETE FOUNDATION ,��, VFz ATION SI�N TYPE CY 200 D/F' ILI.l1AAINATED - , lYlbAlir���� . ( � �I�' �.'�� r:� 16� / f1Eil /IK W LM YALL � 7�.M LAMP 1:AYOUT . �/AiT. IOC�� MNr INN. 0� IN1f. .0[)" 1MI[[ WMIMIM f1UL1. f0' �fif. ns ws cou. r a i�• iawc�ts sa�n re,n • ua Ea oF �ox. :. .�' lr. 3 � IOT�011. � r,r■�n-m�u.nR.. � wrr. ir�icMr wwa� ure�. � wtt�. I ■c u� u�ow� RUMINi/ KT�L Uat �IR�ri. LL) !!� tIr I�IiL E1NEL. ata iMraun I�n � wa a Nuu� u�r Itn�trior. wa n� ru�t nn vum. ru�a Kmw�a a ��or trr�a. �ti luruta a ca�. 1 1/t' a 1!It' a 7NlY itE�1 Maf HMnatlt Wl/Y � w�I�CI� MOt1� iliY HAIE. MYR ONtI ►Wf�. ■avarx u�a�x �uur �:s yrs rw. u�. i vr a�r Nrrt�. ♦� r r u�t aWr�m am �tt. � � � � ZN" / MR� Ia1O /r 1� �II11R ]M � rlT{. � ' 1=J . ~ • ,jj�j��lOA Pl.ATE' • • , lr a lr a f/1' t�uac ttEn lwut� 1ur[. �ir � iwu u �cans ur � w,n. .. U �''.� � 1=;�j� �Xi'��jtQ� Pj,AiE �� � L' � 1/' � iA' TMQ i1FF1 E:IGIY R�IE. �,�,��.. � 120 VOLTS wri"'�.r.:'y.'�.' 'a"b�lf'is►1�C"�" ���"t'�.�"'"�' . t�us fM�N f0 Wd1 •. . .. �n. � ""� a.�w� n��erww� �r�u Vr� �/.111 wN � ��. �,..�... �. �wy�MM1 41��w��0�1 ° �,�n �. � SiQN iYPE CY-200 qWN10MilM/EII ...+.r �..�....w. �r "'.� - 34274 - 2 • � � cD � CITY OF MENDOTA HEIGHTS MEMO December 17, 1985 TO: Mayor and City Council FROM: Kevin D. Fraz City Administrator - SUBJECT: Revised Agenda for December 17th. Attached is a revised agenda for this evening's meeting. With the adoption of this revision as the regular agenda for the meeting, there will not be a need for an add-on agenda. The revised agenda adds four items. Item No. 3 under the Pre -Council meeting is the closed session with the City Attorney to discuss litigation in connection with the multi -family mortgage revenue bond issue. Other items added or additional information for the agenda include: 5f. Approval of the List of Claims The list is attached for Council review. 5h. Treasurer's November report Attached for review. 9c!j. Yorkton Final Plat and Developer's Agreement For end of the year closing purposes Yorkton has asked that we give final approval to their plat and developer's agreement this evening. Please see the attached memo and Resolution from Jim Danielson. 9h. Delinquent Sewer List The Resolution for adoption of the list is attached. 9n. Lilydale Police Service Agreement Please see attached memorandum. \ 12/17/85 CLAIMS LIST 15-Engr 60 -Utilities Cl}- 20 -Police 70 -Parks CHECK REGTER 30 -Fire 80 -Planning 40 -CEO 90 -Animal Control (MOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 323.89 ARCO MINN INC MISC SPLYS 01-4300-110-10 83 23.04 ARCO MINN INC LEGAL PADS 01-4300-110-10 83 D _ . _.. . _.... _.. 106:07 ARCOyMINN"-I'IVC��-��'�'�-..._ _.ELECT' -S, LYS 01-4300=640='10 83 453.83 55.00 ASSOC PURL SAFETY 55.00 *% 13-85 'ARTSIGN NATLS 13.85 ARTSIGN MATLS 21.06 ARTSIGN NATLS 13.85 ARTSIGN MATLS 13.82 ARTSIGN MATLS 13.85 ARTSIGN MATLS 90.28 WYONNE MLONG 600.00 DSN INFO SVCS 500.00 *� *% 2.76 2.76 126.25 126.25 *� ECONOMICS PRESS IP MA FREQ DATA RESEARCH NL SPLYS NL SPLYS LETRASIGN NL SPLYS NL SPLYS NL SPLYS COMP STUDY RFP BITS&PIECES TEST BOOKS 01-4330-490-50 44 01=4268-650-10 19 05-4268-650-15 19 05-4300-105-15 19 15-4268-650-60 19 16-4268-650-00 21-4268-650-00 19 01-4480-110-10 05-4402-105-15 18 01-4402-020-20 37 2.99 RELIABLE CORP MONTHLY MINDER 01-4300-020-20 49 105.59 RELIABLE CORP MISC SPLYS 01-4300-020-20 48 108.58 40.00 WYONNE MLONG FIRE DEPT TRNG 01-4403-030-30 40.00 *% 180.28 MIDWEST WHLS TIRE ' .... TIRES CITY CAR 01-4490-110-10-77 180.28 *� 348.00 POUCHER PRTG&LITHO PRTG GO EQ CERT 01-4226-000-00 11 348.00 *i 187.08 SUBURBAN'*TIRE&SVC-- TIRESIMTG 011-4330-440-20 23 187.08 39045.75 SHAUGHNESSY CO -EQ CERT FEE 01-4226-000-00' 39045.75 *% 15.26 AT&T COMM LD CALLS 01-4210-020-20 43. 3.21 AT&T COMM LD CALLS 01-4210-110-10 43 18.47 *� 112.50 JON LERBS TEMP HELP11/29&12/1 01-4130-050-50 112.50 *i 21.00 BILLS GUN SHOP RPRS/LABOR 01-4330-490-20 93. 21.00 * i .105.12- CONTINENTAL`, SAFETY `;--,'':"FUSES' „ , _.,_.., 01-4330-440-20. 67. CHECK REGISTF_R :MOUNT 01-4335-310-50 1 VENDOR 59.15 RPR HEATER CONTINENTAL SAFETY 164.27 01-4335-310-70 1 RPR HEATER 80.65 FURNANCE RPRS GOPHERHTG& SHT MTL 80.65 GOPHERHTG& SHT MTL 80.70 GOPHERHTG& SHT MTL 242..00 *� 716.80 JOHN GRUND 7106.80 t- 93.80 93.80 LUXOR LIGHTING 93.80 LUXOR LIGHTING 93.82 LUXOR, LIGHTING 281.42 *� 74.88 MINN BEARING CO 74.88 ** 15.00' REX ELEC MTR RPR 40.45 REX EIEC MTR RPR 15.00 REX ELEC HTR RPR 40.45 REX ELEC MTR RPR 14.93 REX ELEC MTR RPR 40.40 REX ELEC MTR RPR 166.23 *� 83.55 RIES ELECTRIC 83.55 *� 9.15 ZEE MEDICAL SVC 9.15 ZEE MEDICAL SVC 9.10 ZEE: MEDICAL SVC 27.40 *i 73.36 DAKOTA PRESS 73.36 *� 15.00 STATE TREAS 15.00 *� 406.00 FIRST TRUST ST PAUL 406.00 *i 23.70 SPEED PRINT 23.70 *� 2,175.00 RICHARD 8JORKLUNO 2,175.00 41.80 ANDERSEN EARL F&ASSO 41.86 ITEM DESCRIPTION BOOTS/GLOVES RPR HEATER RPR HEATER RPR HEATER STUMP REMOVAL LIGHTS LIGHTS LIGHTS PARTS ACCOUNT NO. INV,. 15-4305-060 1 E 01-4335-310-50 01-4335-310-70 15-4335-310-60 x 01-4500-070-70 01-4335-310-50 i 01-4335-310-70 1 15-4335-310-60 � 01-4330-490-50 i RPRHEATER 01-4335-310-50 1 FURNANCE RPRS 01-4335-310-50 1 RPR HEATER 01-4335-310-70 1 FURNANCE RPRS 01-4335-310-70 1 RPR HEATER 15-4335-310-60 1 FURNANCE RPRS 15-4335-.310-60 1 INSTALL QUARTZ LAMP 01-4330-490 E MEDICAL SPLYS 01-4305-050-50 4 MEDICAL SPLYS 01-4305-070-70 9 MEDICAL.SPLYS 15-4305-060-6D 4 HTG&SUR PERMIT FORMS 01-4305-040-40 EXAM FEE NESKA 15-4400-060-60 SVC FE G085 75-4226-000-0#1 8 FORMS 01-4300-020-20 1 INSP 1983-85 01-4231-040-40 SIGNS 01- 4420-050- CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO..INV. .9230.00- ARNESON FUEL OIL SVC DIESEL 01-1210-000-00 24.21 AT & T INFO SYSTEMS DEC SVC 01-4210-020-20 24.21 *_r 15.90 B&J AUTO SPLY MISC PARTS 01-4330-490-50 14.15 B&J AUTO SPLY FUEL FILTER 01-4330-490-50 `. 29.20 B&J AUTO SPLY SEALS 01-4330-490-50 `. 248.92 B&J:AUTO SPLY BATTERIES 15-4330-490-60 308.17 3.75 BMJ WATER COMMISSION NOV SVC 01-4425-310-50 3.75 BD WATER COMMISSION NOV S'VC 01-4425-310-70 137.90 BD WATER COMMISSION NOV SVC 01-4425-315-30 3.76 BD WATER COMMISSION NOV SVC 15-4425-310-60 20.29 BO WATER COMMISSION SEPT/OCT ENGR 87-4231-812-00 .97.46 BD WATER COMMISSION SEPT/OCT ENGR 90-4231-816-00 38.04 BD WATER COMMISSION SEPT/OCT ENGR 94-4231-821-00 304.95 +� 125.20 CITY MOTOR SUPPLY BATTERIES 01-4330-440-20 1 19.96 CITY MOTOR SUPPLY ANCO 01-4330-440-20 1 67.55 CITY MOTOR SUPPLY MISC PARTS 01-4330-490-50 1 7.36 CITY MOTOR SUPPLY SWITCH 01-4330-490-50 1 32.74 CITY MOTOR SUPPLY PARTS 302 01-4330-490-70 252.81 *�_ I_ 17.98 2.73 3.39 2.67 26.77 *� COAST TO COAST COAST TO COAST COAST TO COAST COAST TO COAST DEAD 30LT LOCKS COUPLER KEYS HAMMER HDLE 01-4330-490-70 4 01-4330-490-70 4 15-4305-060-60 A 98-4305-826-00 4 74.15 CONTEL CREDIT CORP PYMT49 01-4210-020-20 2 118.65 CONTEL CREDIT CORP PYMT 49 0.1-4210-110-10 2 59.32 CONTEL CREDIT CORP PYMT49 05-4210-105-15 2 252 -.1 .9270.00 CONWAY FIRE&SAFETY BI LATERAL HOSE 12-4630-000-00 7 29270.00 *✓` MOUNT CHECK RL -:.LISTER VENDOR ITEM DESCRIPTION ACCOUNT NO. 'INV. 9_.34 COPY EQUIP CO BLUELINE 01-4305-080_- 19 105.65 COPY EQUIP CO MISC SPLYS 05-4300-105-15 11 17.13 COPY EQUIP CO SEPIALINE 95-4300-822-00 1.1 132.12 *� 01-4330-460-30 21 BATTERIES 1,242.00 DAHLGRENSHARDLOWUBAN NOV CHGS 01-422.1-135-80 19242.00 *� 46.29 30.00 30.00 41.97 76-00 112.00 336.26 *� 234.53 234.53 */ 10.00 20.00 20.00 50.00 t� 39-56 36-00- 2105. . 0 0 6.00- 205.00 208.50 + 96.94 192.78 289.72 *� 1$9.30 189.30 DAVIS ELECTRONIC SVC DAVIS ELECTRONIC SVC DAVIS ELECTRONIC SVC DAVIS ELECTRONIC SVC DAVIS ELECTRONIC SVC DAVIS ELECTRONIC SVC ELVIN SAFETY SUPPLY FISCHERS GAS 66 FISCHERS GAS 66 FISCHERS GAS 66 GOA CORPORATION GOA CORPORATION GOA CORPORATION GOODYEAR SERVICE STR GOODYEAR SERVICE STR HARMON GLASS RPRS/PARTS 01-4330-460-30 11 RPRS/PARTS 01-4330-460-30 11 RPRS/PARTS 0.1-4330-460-30 11 RPRS/PARTS 01-4330-460-30 11 BATTERIES 01-4330-460-30 21 BATTERIES 01-4230-460-30 21 HARNESS KIT 01-4330-460-30 17 MOUNT TIRES2231 HEADLITE 2231 HEADLITE2232 OIL RTN DRUMS OIL TIRES/BALANCE TIRES/BALANCE WINDSHIEL02232 ,'32.31 ICMA RC 12/GPAYROLL �32:3f ICMA RC 12/20PAYROLL 01-4330-440-20 01-4330-440-20 01-4330-440-20 01-1210-000-00 88 01-1210-000-00 89 01-1210-000-00 88 01-4330-440-20 41 01-4.330-445-40 41 01-43.30-440-20 19 01-2072-000-00 01-2072-000-00 665-90 CHECK REGISTER 59 MOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV» 66.19 ICMA RC 1216PAYROLL 01-4134-110-10 66:19 ICMA.RC 12/20PAYROLL 01-4134-11:0-10 397.00 PREM 01-4131-050-50 14 250.00 IDS LIFE INS CO DEC PYMTT 01-2072-000-00 13 25000 *,,- / PREM- 01-4131-110-10 1.4 665.90 665.90 *i 2.31 11 .97 3.78 18.06 250.64 134.11 520.31 905.06 */ 12.40 12.40 * i 9.35 9.35 9.30 28.00 */ 6.25 6.25 494.25 836.50 435.00 155.00 467.25 252.00 682.50 580.25 155.06 - 4.158.75 */ ITASCA EQUIP CO. KNUTH TOM KNUTH TOM KNUTH TOM LAKELAND FORD LAKELAND FORD .LAKELAND FORD LANGULA HOME LEEF BROS INC LEEF EROS INC LEEF EROS INC M A ASSOCIATES MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP MEDCENTERS HP' RPRS 01-4330-490-50 51 MI THRU 12/11 05-4416-105-15 MI THRU 12111 51-4415-925-00 MI THRU 12/11 98-4415-826-00 RPRS 01-4330-460-30 32 RPRS 01-4330-49D-50 31 RPRS 01-4330-490-50 33 PARTS 01-4330-49.0-50 18 NOV SVC 01-4335-310-50 59 NOV SVC 01-4335-310-70 60 NOV SVC 15-4335-310-60 60 TRK BRUSH 01-4305-050-50 81 DEC PREM 01-2074-000-00 14 DEC PREM 01-4131-020-20 14 DEC PREM 01-4131-021-20 14 OEC PREM 01-4131-040-40 14 DEC PREM 01-4131-050-50 14 DEC PREM of'4131-070-70 14 DEC PREM- 01-4131-110-10 1.4 DEC PREM 05-4131-105-15 14 DEC PREM 15-4131-060-60 14 CHECK REGISTER MOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 15.35 MEND HGTS RUBBISH NOV SVC 01-4280-310-50,33 15.35 MEND HGTS RUBBISH NOV SVC 01-4280-310-70'31 28.75 MEND HGTS RUBBISH NOV SVC 01-4280-315-30 22 15.30 MEND HGTS RUBBISH NOV SVC 15-4280-310-60 37 74.75 t� 150.59 MINN BENEFIT ASSN DEC 39-366.00 METRO WASTE CONTROL NOV SAC CHGS 15-4448-060-60 3366.00 62.40 MIDWEST SIREN SERV DEC MTCN 07-4330-000-00 12 62.40 i 25.43 MINN BENEFIT ASSN DEC PREM 01-2074-000-00 PL 19.95 MINN BENEFIT ASSN DEC PREM 01-2074-000-00 Pt 150.59 MINN BENEFIT ASSN DEC PREM 01-4131-020-20 PL 8.00 MINN BENEFIT ASSN DEC PREM 01-4131-021-20 PL 98.00 MINN BENEFIT ASSN DEC PREM 01-4131-021-20 PL 71.00 MINN BENEFIT ASSN DEC PREM 01-4131-050-` 'L 7.98 MINN BENEFIT ASSN DEC PREM 01-4131-070-1 ?L 13.00 MINN BENEFIT ASSN DEC PREM 01-4131-070-70 PL 194.50 MINN BENEFIT ASSN DEC PREM 01-4131-110-10 PL 94.00 MINN BENEFIT ASSN DEC PREM 05-4131-105-15 PL 682.45/ 84.49 MINN DEPT OF REV NOV FUEL TAX 01-4320-050-50 62 84.49 *i 115.50 MINN FIRE INC RPRS NOZZLE 01-4330-460-30 23 115.50 *� 19.38 MINN MUTUAL LIFE DEC PREM 01-2074-000-00 23 3.40 MINN MUTUAL LIFE DEC PREM 01-4131-020-20 23 3.40 MINN MUTUAL LIFE DEC PREM 01-4131-021-20 23 11,.70 MINN MUTUAL LIFE DEC PREM 0.1-4131-050-50 23 12.62 MINN MUTUAL LIFE DEC,PREM 01-4131-070-70 23 6.80 MINN MUTUAL LIFE DEC PREM 01-4131-11-0-10 21. 57.30 */ 127.75 MINN TEAMSTER-LOC320 DEC DUES 01-2075-000-P .127..75 12.60 -11.80 11.80 11.78 47.98 109.56 109.56 OXYGEN SERVICE CHECK REGISTER DEMURRAGE THRU 11/15 OXYGEN" SERV ICE AMOUNT VENDOR OXYGEN SERVICE ITEM DESCRIPTION ACCOUNT NO. INV. 23.25 NELSON RADIO' COMM DEC MTCN 0.1'74330-450-20 1;. 353.81 NORTHERN ST POWER CO NOV SVC 01-4211-300-50 208.22 NORTHERN ST POWER CO DEC SVC 01-4211-320-50 198..11 NORTHERN ST POWER' CO DEC'SVC' 0.1-4211-310-70 299.31 NORTHERN ST POWER CO DEC SVC 01-4211-315-30 11.11 NORTHERN ST POWER CO DEC SVC 01-4211-315-30 22.44 7 NORTHERN ST POWER CO DEC SVC 01-4211-320-70 31.33 NORTHERN ST POWER CO DEC SVC 01-4211-320-70 138.54 NORTHERN ST POWER CO DEC SVC 01-42.11-420-50 -837.01_____-. _.. NORTHERN ST POWER. CO'_..__._ DEC SVC 01-4212=310-50 834.22 NORTHERN ST POWER CO DEC SVC 01-4212-310-70 512.10 NORTHERN ST POWER CO DEC. SVC 01-4212-315-30 173.}79 NORTHERN ST POWER CO OEC` SVC 01-4212-320=70 198.10 NORTHERN ST POWER CO DEC SVC 15-4211-310-60 33..11 NORTHERN ST POWER CODEC SVC 15-4211-400-60- NORTHERN ST -POWER CO.__. • DEC SVC 15=-.4211-400=60 837.01 NORTHERN ST POWER CO DEC SVC 15-4212-310-60 41695.82 +� 39.85 NORTHWESTERN BELL DEC SVC 01-4210-020-20 10.42 NORTHWESTERN BELL NOV SVC 01-4210-070-70 8' 19.50 NORTHWESTERN BELL DEC SVC 05-4210-105-15 2820*70 NORTHWESTERN BELL DEC SVC .15-4210-050-60 352.47 *i 12.60 -11.80 11.80 11.78 47.98 109.56 109.56 OXYGEN SERVICE CO DEMURRAGE THRU 11/15 OXYGEN" SERV ICE ' CO � - -OXY OXYGEN SERVICE CO OXY OXYGEN SERVICE CO OXY PINE BEND PAVING INC MCMIX 167.47 OUEHL E K COMPANY WARNING TICKETS 167.47 i 1,0.33 SEVEN' CORNER ACE HUW BOLTS/NUTS 01-430.5-050-50 2 01-4305=050-50 1: 01-x+205-070-70 1; 15-4305-060-60 ?f' 01-4422-050-50 5: 0.1-4305-020-2-0 0: 0.1-4"420-050-50. Z A.M0UN-T VENDOR CHECK REGISTER ITEM DESCRIPTION. ACCOUNT NO,* INV. - 11.50, SHIELDS.GAS&ELECTRIC STORES SVC CALL 01-4335-310- 11:50 SHIELDS GAS&ELECTRIC S�lC CALL 01-4335-310-70 11.50 SH'YELDS GAS&ELECTRIC SVC CALL 15-4335-310-60 34 .5 0 *� 01-4305-070-70 7i SNYDER DRUG 13.48 SHIELY J L CO C L 2 K E Y' 0.1-4422-050-50 1' 36.55 SHIELY J L CO CL2KE.Y 01-4422-050-50 11 50.03 *� 14.99 7.99 7.99 7.99 38.96 *� 46.25 46.25 46.25 138.75 * i 9.00 9.00 18.00 36.00 7.25 12.42 14.07 11.93 68.31 :113.98 *� 41.80 41.80 t 101.62 35-92 1:3 7 .5 4 SNYDER DRUG STORES FILM 01-4305-020-20 1 SNYDER DRUG STORES RAINDANCE 01-4305-050-50 7 SNYDER DRUG STORES RAINDANCE 01-4305-070-70 7i SNYDER DRUG STORES RAINDANCE 15-4305-060 SUN SOUTHVIEW CHEVROLET SOUTHVIEW CHEVROLET SOUTHVIEW CHEVROLET STATE TREAS STATE TREAS STATE TREAS PARTS PARTS PARTS 01-4330-490-50 1; 01=�330-490-T0 1: 15-4330-490-60 1. DEC PREM 01-2074-000-00 DEC PREM 01;-4=131-021-20 DEC PREM 01-4131-110-10 SUN NEWSPAPERS HRG NOT NORTHLAND 01-424.0-080-80 6:1 SUN NEWSPAPERS RFP NOTICE 01-4`240-110-1`0 6i SUN _ NEWISP­APtA§ ORD2.1 01-4240-110-10 6 SUN NEWSPAPERS HRG NOT RILEY 21-4240-0.00-00 b SUN NEWSP�P�RS HRG NOT84-4 95-4240-822-00 67 TRAIL DODGE INC UNIFORMS UNLIMITED UNIFORMS UNLIMITED RPRS2230 0.1-4330-440-20 b`. CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV.. 68.28 UNITED CENT_ TRUSTEE DEC_ PREM._ 01-2071-000-00 L" 34. 4' UNI1`ED CENT TRi1STEE��v ­ DEQ PRISM' 01-4132=020=20 c 35.16 UNITED CENT TRUSTEE DEC. PREM C1-4132-050-50 L: 23.72 UNITED CENT TRUSTEE DEC PREM 01-4132-070-70 L` 161.30 *� 406.00 FUND 75 TOTAL 85.00 UNIV OF FINN FALL CONF MPWA 01-4400-070-70 3 85.00 *i 143..50 WESTERN ---LIFE INS ­ CO DEC PREM- ­ 01=4132 -030-30 3; 143.50 *� GENERAL FUND ENGR ENTERPRISE CIVIL DEFENSE EQUIPMENT CERTIFICATES SEWER UTILITY TID I"79-7./81-4/82-2/82-6 INDUSTRIAL DEVELOPMENT I79-3 MIRIAM-HIAW ORAINA I81-6/81-7/81-8 I83-4183=48 GRYC/DAK CTY I83-78 MH RD RN DOT I84-3 CL THOMP IVY HILL I84-4GOULD YORKTON__-- I84-GMH RD LEX 55 HSA Nov Svc 11 12/5 Due Date 11/22 PERA 12/6 FICA 12/6 FIT 11/22 & 12/6 SIT 12/6 Payroll Deductions 12/6 Net Payroll Bail Money 269031-93'* FUND 01 TOTAL 998.70 FUND 05 TOTAL 62.40 FUND 07 'TOTAL 270. DO FUND 12 TOTAL X7564.67 FUND 15 TOTAL 13.32 FUND lE TOTAL 25.78 FUND 21 TOTAL 11.97 FUND 51 TOTAL 406.00 FUND 75 TOTAL 20.29 FUND 87 TOTAL 97.46 FUND 90 TOTAL 38.04 FUND 94 TOTAL 85.*44- FUND 95 TOTAL 6.45 FUND 98 TOTAL 35x632.95 TOTAL MANUAL CHECKS 10939 993.75 Paul Kaiser 10940 240.00 Oakcrest Kennels 10942 692.44 NSP 10943 4,463.69 St. Treas PERA 10944 2,971.82 St. Treas SS Fund 10945 5,285.86 DC Bank 10946 4,295.12 Comm Revenue 10947 200.00 DC Bank 10948 1,501.26 SCCU 10949 . 24 , 970: 99 -- 'City-Mil-Payro-l-l-Acc t 10950 100.00 Crow ',lin j County 45,714.93 GT.._........, 81, 347.88 GENERAL FUND ENGR ENTERPRISE CIVIL DEFENSE EQUIPMENT CERTIFICATES SEWER UTILITY TID I"79-7./81-4/82-2/82-6 INDUSTRIAL DEVELOPMENT I79-3 MIRIAM-HIAW ORAINA I81-6/81-7/81-8 I83-4183=48 GRYC/DAK CTY I83-78 MH RD RN DOT I84-3 CL THOMP IVY HILL I84-4GOULD YORKTON__-- I84-GMH RD LEX 55 HSA Nov Svc 11 12/5 Due Date 11/22 PERA 12/6 FICA 12/6 FIT 11/22 & 12/6 SIT 12/6 Payroll Deductions 12/6 Net Payroll Bail Money CITY OF MENDOTA HEIGHTS TREASURER'S REPORT - NOVEMBER 1985 L. SHAUGHNESSY DAKOTA COUNTY STATE BANK Checking Account Savings Account C.D. Due Savings Cert. 3-26-86 @ 8.2% Collateral - bonds $200,000 Gov't. Guar. 100,000 CHEROKEE STATE BANK C.D. Due 1-7-86 @ 6.78% 300,000.00 C.D. due 2-1-86 @ 7.64% 125,000.00 Savings. Cert. 9-3-85@ 8.2 13,952.59 TOTAL 438,952.59 Collateral - bonds 1,500,000 Gov't. Guar. 100,000 U.S. TREASURY BILLS Due 3-20-86 $690,000 (AMM) (10.60) 12-12-85 300,000 (Ist) (9.85) 1-31-86 550,000 Collateral - bonds Gov't. Guar. MINNESOTA STATE BANK C.D. Due Collateral, Gov't. Guar. MINNESOTA FEDERAL SAVINGS & LOAN FIRST NATIONAL BANK OF ST. PAUL C.D. Due Collateral - bonds Gov't. Guar. Repo. BALANCE $ 110,764.21 399.96 25,000.00 $ 116,154.17 $625,884.43 294,555.17 540,268.06 TOTAL FUND AVAILABLE: $ 2,035,824.42 COLLATERAL $ 300,000 1,600,000 CITY OF MENDOTA HEIGHTS Dakota County, Minnesota -" -- RESOLUTION NO. 85 - RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of Ordinance No. 803 adopted by the City Council of the City of Mendota Heights on August 6, 1974, it is provided that if sewer rental charges due the City for the use of the City's sanitary sewer system are not paid within thirty (30) days after the mailing of a statement therefore, the same.shall be collected and the collection thereof enforced in the same manner in all respects as county and state real estate taxes subject to like penalty, costs, and interest charges, and WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due the City as of December 19, 1985, for sanitary sewer service furnished the properties hereinafter described situated within •the City have not been paid, and WHEREAS, the City Clerk has further advised the City Council that a written statement for said sewer rental charges due the City as of December 19, 1985, has been sent to the last known owner of said properties and that more than thirty (30) days have elapsed since the mailing of said statement, and WHEREAS, said properties are all situated in the City of Mendota Heights in Dakota County, Minnesota and the legal description of said pro- perties, the name and address of the last known owner thereof, and the total amount of sanitary sewer rental charges due for each of said parcels through December 19, 1985, are more particularly described as,.follows: Name and Address Legal Description Total Amount Judi Hanson 522 West Annapolis 27-57500-030-01 44.00 Bernard Abramson 688 Arcadia Drive 27-37600-040-05 160.82 L.A. Anderson 1066 Avanti Drive 27-44955-130-03 88.00 Len Malik 1614 Diane Road 27-71275-050-03 132.00 Robert J. Emery 1183 Dodd Road 27-03800-020-13 96.10 Bevan Marvy 970 Douglas Road 27-76400-050-02 91.32 Resident 1835 Eagle Ridge Drive 27-22551-021-01 66.00 Jim Kenney 1870 Eagle Ridge Drive 27-22453-010=02.4` 64.00 George Mikrut x-1823 Faro Lane 27-44950-050-02 88.90 Peter J. Schwartz 528 Fremont Avenue 27-57500-090-02 46.70 Mr. and Mrs. Zapata 536 Fremont Avenue 27-57500-110-02 88.00 Neil Baker .680 South Freeway Road 27-38600-070-04 88.00 Thomas Sirek 1219 Highway 110 27-15600-012-00 129.96 ,,. James Hahn ,I.J132 Ivy Hill Drive 27-17850-530-00 103.60 Irving Shaw 1704 James Road 27-76401-130-00 204.48 Joseph Exner 531 Junction Lane 27-49200-040-01 79.78 Donald G. Geist 1669 Lilac Lane 27-76401-240-00 140.46 Wm. McGivern 890 West Marie Avenue 27-22501-040-01 44.00 Eugene Engelmann 1779 Overlook Lane 27-32800-040-20 175.36 Roy Henderson 1095 Overlook Road 27-32800-010-01 125.44 Jack Gohl 924 Rae Court 27-71275-180-02 156.38 Milton Nichols 1794 Summit Lane 27-16500-010-01 49.40 Richard Dunst 645 Third Avenue 27-69703-130-03 119.20 Paul Larson 717 Third Avenue 27-81300-045-00 65.80 4 ft1. - N.T. Krebsbach 1832 Twin Circle Drive 27-44955-160-01 Jody Annestad 1824 Victoria Avenue 27-02600-020-05 D.A. Greger 1807 Walsh Lane 27-64700-010-01 Walter Bonfe 1875 Walsh Lane 27-83300-130-01 Resident 687 Woodridge Drive 27-37600-040-02 Richard Foreman 688 Woodridge Drive 27-37600-040-03 Resident 2204 Aztec Lane 27-27800-170-05 J.D. Schmacker 790 Creek Avenue 27-27800-030-02 James Farnsworth 1090 Cullen Street 27 -19150 -130 -OC Pat Little 2135 Fox Place 27-27800-070-02 Gary Ettreim 1794 Lexington Avenue South 27-02300-014-53 Mrs. D. Anderson - 751 Mohican Lane 27-27800-190-19 Timothy Lenz 755 Mohican Lane 27-27800-180-19 Terry O'Rourke 714 Pontiac Place 27-27800-030-15 James B. Williams 94.30 153.80 49.40 56.84 92.92 371.78 42.00 50.50 88.00 50.30 89.80 97.20 130.34 88.90 900 Wagon Wheel Trail 27-45300-176-00 106.80 NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1) That the total of said sanitary sewer rental charges set forth above is hereby adopted and confirmed as the proper unpaid sanitary sewer rental charges due for the above described properties through December 19, 1985, for each of said lots, pieces and parcels of land respectively, and the current charge against each such parcel of land shall be a lien concurrent with general taxes upon such parcels and all thereof. 2) That the total amount of said sanitary sewer rental charges shall be payable with general taxes for the -year 1985 collectible in 1986 (now designated by Statute as real estate taxes payable i.n 1986)-. 3) That 'the City Clerk shall prepare and transmit to the Co.unty Audi— tor a'certified copy of this resolution with the request that each of said amounts shall be extended upon the proper tax lists of the county to be thereafter collected in the manner provided by law. 4) That a $25.00 service charge will be added to each delinquent sewer account in accordance with Ordinance No. 157 amending Ordinance No. 803. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. CITY COUNCIL CITY OF MENDOTA HEIGHTS Ey Robert G. Lockwood Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council December 17, 1985 FROM: Kevin D. F4 11'i City Ad Ti strator SUBJECT: Police Service Agreement -:with City of Lilydale 1.. As most of you probably recall, we had discussions earlier this year with the cities of Lilydale and Mendota regarding amendments to the Police Service Agreement. We proposed, and they accepted.the idea that the cost of running the police department should be prorated over the three communities based on an average of calls for service and population. Although Lilydale accepted the premise of the new allocation formula, it did result in a very substantial increase in their cost for 1986. Therefore, it was mutually agreed that we would phase in half of this increase for 1986, and go wholly on the formula in 1987 and subsequent years. Attached is the agreement which has been approved and executed by Lilydale. ACTION REQUIRED Motion to approve Police Service Agreement with the City of Lilydale for 1986 and subsequent years. I KDF:madlr attachment POLICE SERVICE AGREEMENT THIS AGREEMENT., made -.and entered into effective as of the lst .day -ot January, 1986, by and between the City of Mendota Heights (hereinafter "Mendota Heights") and the City of`Lilydale (hereinafter "Lilydale") is made with reference to the following recitals: RECITALS FIRST: Lilydale desires to contract with Mendota Heights for the furnishing of police services by Mendota Heights within the territorial limits of Lilydale. SECOND: Minnesota Statutes Section 471.59, as amended, authorized Lilydale and Mendota Heights to enter into an agreement providing for -provisions of such police services. NOW, THEREFORE, pursuant to the foregoing Recitals, and in consideration of the terms and conditions hereinafter contained, IT IS AGREED AS FOLLOWS: 1. Provision of Police Services. Subject to all the terms and conditions herein contained., Mendota Heights, through its Police Department, shall provide twenty— four (24) hour general police services for all portions of Lilydale, (excluding Lilydale Regional Park), which services shall include, but not be limited to, the enforcement of Lilydale ordinances and the statutes of the State of Minnesota The scope, extent, and every other aspect of such services, including the manr and.method of provision thereof, shall be determined by the Police Department o, Mendota Heights, in its sole discretion. All personnel providing such police services to Lilydale shall be under the exclusive direction and control of tfe Police Department of Mendota Heights, and all books, records and reports, generated in connection with such police service shall be kept and maintained only at the offices of, and shall be.and remain in the property of, :the Mendota Heights Police Department. Lilydale shall have access to suchSbooks, .records and reports at reasonable business hours, but subject to any applicable State or Federal laws or regulations regarding access thereto or privacy thereof. Without limiting the generality of the foregoing, demands for police services will be responded to first on the basis of the urgency thereof, as determined in the sole.and absolute discretion of the Mendota Heights Police Department, and second in the order of receipt thereof, without regard to whether the location of the demanded police services is within the territorial limits of Mendota Heights, Lilydale, or other areas -with respect to which Mendota Heights furnishes police.services. However, upon receipt of a demand for police services within the territorial limits of Lilydale (excluding Lilydale Regional Park) the Police Department of Mendota Heights shall be obligated to dispatch only such, personnel and equipment as, in the opinion of the officer.in charge, may be available after provision for actual demands for police services within the territorial limits of Mendota Heights. In addition, the officer in charge may recall or reassign personnel and equipment then responding to a demand for police services within the territorial limits of Lilydale in the event that such recall or reassignment shall, in such officer's opinion, be necessitated by the actu :need for police services within the territorial limits of Mendota Heights. t - 2. Payment. Lilydale shall pay<to Mendota Heights for police services each ,calendar year an amount-determined�"by the method attached aslAppendix'A. Mendota Heights shall submit to Lilydale on or before September 1 -of each year, a statement of billing for police services for the next calendar year. If the actual budget adopted by Mendota Heights is different from the estimated budget submitted to Lilydale, then Lilydale shall be immediately notified of the actual budget amount and that actual amount shall be used for the purposes of this Agreement. Payment shall be made monthly, within ten (10) days after receipt of a statement therefor. 3. Indemnification and Release. Lilydale shall indemnify and hold Mendota 'Heights harmless from and against all claims, causes of action, damages, .liabilities, -costs and expense, including attorney's fees, which may be asserted against or incurred by Mendota Heights as a result of the acts or omissions of Lilydale, its agents, servants, representatives, or employees, or as a result of the negligent acts or omissions of the Mendota Heights Police Department, its agents, servants, representatives or employees in furnishing, failing to furnish or delay in furnishing police services to the extent that such negligent acts or omissions are not covered by insurance obtained by Mendota Heights; provided that Lilydale shall not indemnify nor hold Mendota Heights harmless for intentional or grossly negligent acts or omissions of the Mendota Heights Police Department or its agents, servants, representatives, or employees. Mendota Heights agrees that Mendota Heights Police Officers will be insured while working in Lilydale to the same extent that they are insured while working in Mendota Heights. 4. Termination. This Agreement may be terminated by either party by the giving of not less than ninety (90) days prior written notice of termination to the other party. In the event of such termination, the amount payable by Lilydale .to Mendota Heights pursuant to Paragraph 2 hereof shall be prorated as of the date of termination on a calendar year basis. S. Notices. All notices, offers, requests, and other communications from either of the parties hereto to the other shall be in writing and shall be considered to have been duly given or served if sent by first class certified or registered mail, return receipt requested, postage prepaid, to the party at its mailing address, or to such other address as such party may hereafter designate by written notice to the other party. 6. Waiver. The waiver by either party of the breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach of such or any other provision. 7. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Minnesota. 8. Headings. The headings of the paragraphs and subparagraphs of this Agreement are for convenience of reference only and do not form a part hereof and in no way interpret or construe such paragraphs and subparagraphs. 9. Parties in Interest. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Lilydale and Mendota Heights. 10. Entire Agreement. This instrument contains the entire agreement of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, or discharge is sought. 2 11. Counterparts. This Agreement -may be -executed in any number of' counterparts, each of which shall be deemed to bean original., but all of which shall constitute one and the same instrument. 12. Enforceability. If:any`.part of this Agreement or -'any part of,any provision hereof shall'be adjudicated to be void or invalid, then the remaining provision hereof not specifically so adjudicated to be invalid shall be executed without reference to the part or portion so adjudicated, insofar as such remaining provisions are capable of execution. 13. Fines. Lilydale shall be entitled to all money collected from fines imposed for offenses and violations of all laws and ordinances occurring within the City of Lilydale and Mendota Heights shall pay over to Lilydale all such fine money which is collected by or paid to Mendota Heights. Lilydale and the Lilydale City Attorney shall retain control of the prosecution of all offenses and violations of laws and ordinances committed within the City of Lilydale, including traffic offenses and violations, which are customarily prosecuted by the City Attorney... 14. Authority. Police officers of the Mendota Heights Police Department are hereby given the authority, power and jurisdiction to enforce the statutes and laws of the State of Minnesota and the ordinances of the City of Lilydale within the territorial limits of the City of Lilydale. This paragraph is intended as a grant of authority and does not impose any additional obligations which are not otherwise contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement aF of the day and year first above written. Mayor of Mendota Heights City Clerk W Dated 12/10/85 Dated aLo J. APPENDIX A Method of Determining the Amount of Payment For Police Services. The amount paid by the City of Lilydale to the City of Mendota Heights each calendar year shall be determined before the beginning of each year by the following formula: A + C Annual Payment = B D X E X 105% 2 Where: A = Total calls for service in Lilydale for the 2nd and 3rd calendar years preceding the year of service. B = Total calls for service in all areas served by the Mendota Heights Police Department for the 2nd and 3rd calendar years preceeding the year of service. C = Latest U.S. Census Bureau or Metropolitan Council estimate of population for Lilydale. D = Latest U.S. Census Bureau or Metropolitan Council estimate of population for all areas served by the Mendota Heights Police Department. E = Mendota Heights Police Department Budget for the service year, derived as follows Approved operating budget + Purchase Value of Police Cruisers + 3 Value of Radio System + 10 Value of All Other Police Equipment - Police Aide received from State of Minnesota 5 Exception Application of the above formula .wou]:d result in a, 1986 payment of $56,1140. To provide'a phase-in,•per od, it has been mutually agreed by .,both :parties that the'1986,payment..will be $49,200. 1987,, -and future year ;.s payments will be based - fully on the -formula. Note: The 105% factor in the formula is to compensate the City of Mendota Heights for non -direct, administrative overhead expenses associated with the Police Department.