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- .�,��
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December 17, 1985 City Council Agenda Page Two
. 9. Unfinished and New Business �
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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.
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- - -.. �. . _ .� 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.
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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.
: � :• �
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Attest: Date: . L � �
{ R hy Swanson
City Clerk
City of Mendota Heights, Minnesota
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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!
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SavaAe 1 32.0 1 MA Cil•e A�.inislralor 250/.0
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RELAfED SI�vET DAIa
Ao reliable s��rvpy co�rarisons are availat+le.
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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
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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
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.\ •
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
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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.
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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. ,
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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.
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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
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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.
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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.
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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. �
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�
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION
MINUTES
The regular meeting of the Mendota Heights Planning Commiss.ion was held
on Thursday, December 12, 1985 in the City Hall Council Chambers. Chairperson
Kruse called the meeting to order at $:10 o'clock P.M. The following members
were present: Kruse, Frank, Morson, McMonigal and Burke. 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. ,
.; .:�
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"::
�
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
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XV
XVI
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XVIII
XIX
XX
XXI
XXII
XXIII
XXIV '
xxv
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?,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�
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14, 183
i4,893
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37, E„3.3
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�
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.
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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.
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-----------•--------------------------- ---------------•-----
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
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�3 Hultfple Family Residential District Am�ent:
• � • i:� n � : i �
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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."
: *::
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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:
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� ; 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:
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�� . � , «. �
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
,� :::
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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.
• ..•.�
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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
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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
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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
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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
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� 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�
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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
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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
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-_. 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'
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wri"'�.r.:'y.'�.'
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- 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.