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1985-12-03� �w CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MiNNESOTA AGENDA DECEMBER 3, 1985 - 7:30 P.M. 1. Cal l to Order. — 7•. `f3 2. Roll Call. -- �I 3. Agenda Adoption. � g�,�/ � � • �-�..��°�. � � 4. Consent Calendar:-- � a. Acknowledgement b. Acknowledgement c. Acknowledgement d. Acknowledgement e. Acknowledgement f. Acknowledgement g. Approval of the h. A proval of the j'� �e��e5�� fo Itaf of Fire Dept. report for October. of Code Enforcement report for November. of letter from Visitation regarding assessments. of Planning Commission Minutes of November 26. of Planning Comnission action on Ophoven variance. - � of NDC-4 Minutes of November 6 and November 13. List of Claims. ' List of !.icenses. �� s �fq i�tr" . . . �, End of Consent Calendar: t / / 5. Intro � ti ns. �� . . �� 6. Public �mments nd Re uests. �� ^�� .�, . , c'„-� �C.�P ��..�,�.�� a.� Request for Sewer Mailing List. - James Losleben, 815 Hazel Court —�% 7. HEARINGS: a. H�1 h RJ�3g,u,rces con "'nued from November 5th meeting) — :�,� . b. P�u�bl c�lea�r.� o� Yo,rkton I�vemen s— _� �v�Y�'� __�t T�� ..1�,'41 ��, -�-- � 8. Unifinished and New Business: . '{'t a ,�a. Re uest for Yo ton, td /��or redesignation of IDB use.— -� ' .� %�e�� .� � _ ; b. RequeGr,t /for�/ Warpyfh�ous.e Sale�.i �/p•�jP/(Mr. Ad 'an will be present). y.N.�.J'.y..! .o.-C.t, - �(/C a�.a.�-/ ,/.� . �,,,,,I ,,9.w.,y�,. G✓�� // c. Utility Connection Char, e for Bern rd Friel residence, ? 750 Mohi can ane. —� a, 3� •�� ` � � • y� � ��..,� ��.,,,..� �- ��'` - �f" � � ��.�,-�./ � f � � �� `-�.�.�`,�.� � d. Transmittal of Southea t Area Comprehensive Plan Ame dments and �i Amended Sewer Plan to Metropolitan Council ��/. �„,�,� . � .�, — . e. Coun i 1 S atemeni Rega ,di�g� S. u heast Area P1 an; — .� �,,;�.,a�.�� .ti/ C �. � a�-�,,,, -�.� �i-f` `- 7�:o.-C�.t.: ��j.�` �w,�.�i4 X �34r�;�rz . �" J� �' 1 �.�.� f. Fire od Appendix E. (Fire Marshalrand Asst. Chief will be present).� � g. Fire hief resignation and appoi tment of Acting Chief and Acting 3��;, A s i s tant C i ef . �=�-�.. . �� ' d'`'��i �� v'� � h. D�ine Redeemer Ambulance Request. Mr. Miller and Asst. Chief will �; �� present). December,3, 1985, Agenda i. Proposed Revisions to Rersonnel Code. — -,o�� ` /�� ,,/ /- j. Street Li ghti ng Pol i cy. �- i�',,,�-�,�,,� % 7�. k. 1986 CDBG Grant Application. � � ��%� ��%�^y� ar� � 1. Discussion of Marriott Liquor License. —�� m. Hining of Maintenance Person for Public Works. — —�d'� DY�,� /� .n. Engineering Request for Summer Help. " �i�, 10. Council Comments.' .1 Ad j ourn .— � ��/ ��'f -,,a, C,,�„�,� �`' 7,: a v,� o��,,, C.�}. . �-�` 7 : � o _ �9P . � o. ��,,,..�;r �, � � .%�'�' �P �� -�. � �� soo � � � ��n C o�4,f.� � - �,, �� a�� - �� ' - y � � . �..�:r — � _�. r�� r ��,�,.�..�� .�...� � �� -�:�e �-.� — � - ` _ _ �.�, - � . c� � ...� �_.�.�' ,: � �� . ��. �� °.�. �. - �. ��- ��..��.�-. ��. _ �� _,, , � , ,.�. � �.:...irr--- �r,� � � ...r/ % /' � � ,� � . ys Mr. Kevin Frazell City Administrator of Mendota Iieights 750 So. Plaza Drive Mendota Heights, MN 55120 Dear Mr. Frazell, �Y1(� �,� . : y�� November 22, 1985 We have been�Aothered by beavers this fall. The beavers have cut down several trees on my property and built two small dams on the small section of creek that goes through my property. These animals are very destructive and replacing the trees ' �r_' they will destroy will become expensive. `�' I have talked with the Minnesota DNR and Chief Dennis Delmont, they have advised me that beaver trapping is allowed in Minnesota until April but not in Mendota Heights. I would like permission to engage a trapper to trap these animals and remove them from the premises. Thank you for your help in this matter. -•-�=� Very truly yours . Allan J. a or �, 1297 Sy vandale Rd Mendota Heights, MN 55118 ��rE; Plovember 25, 1985 T0; `fa��ar, Cicy Council and Cit��tar F?20`f: Paul R. Berg Code Enforcement Officer SL'BJECT: Bui2ding Activity Report far NOV�mb�t", I985 CURRENT `f4tiTH YEAR T4 DATE - 1985 \0. VALUATIO� FEE COLLECTED N0. VALUATIOt3 BLDG PER.�iITS � � SFD 2 232,596.53 1,565,03 ` 5$ 6,£318,075.12 �PT Q O O O O c/z 2 35,60Q.00 424.06 41 6,734,738.00 �tzsC. 101 199.32 1 258.73 133 69�,989.64 suB 7or�tZO 369,395.85 3,247.82 232 14,252,802.76 TR»4DE 1'ER"SITS ?lbg 17 4Q6.Q0 84 w'tr 14 7p.00 76 Swz 16 2$O,QQ 64 Htg, AC, Gas Pipe20 1,0$3.00 102 svB TOTA167 1,829.00 326 LxcErsz��c ConCractar'S Licenses2$ 70Q.00 346 FEE CQLLECTED 45,594.71 0 32,945.18 12,463.34 91,003.23 2 ,044. 00 12,377.5q 1,120.Q4 6,822.50 22,864.00 S . 1 11 TOTAL 115 a369,395.$5 �5,776.82 � 904 514,252,802.76 a122,517.23 �, YEAR TO DATE - 198'+ NQ. VALUATION FEE CQLL:��:':: 46 5,211,721.30 35,785.74 3 6,750,000.00 2$,7�9.60 54 3,966,498.00 19,123.81 140 2,979,205.75 21,838.84 243 17,937,425.p5 105,5Q2.99 �5 75 65 124 359 �° 299 �,376.00 375.00 1,212.50 11,q57.50 i�,a2i.oa 7,475.00 901 $17,937,425.05 5129,998.99 NOTE; All fee amounts exclude Sac, Wac and State Surcharge. Amaunts shown will reflect only permit, plan checl�: fei: ::. valuatian amaunts. �x �:''• � . .. .r•: • . . . • •t CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D. Fra ��% � City Admini ratdfi� November 25, 1985 SUBJECT: Fire Chief Resignation and Appointment of Acting Replacements RESIGNATION OF FIRE CHIEF Attached is a.letter of resignation from LeRoy Noack as Fire Chief of the department, effective December 1, 1985. LeRoy alerted me approximately three '� weeks ago that he would be submitting this resignation, and announced it at the general meeting of the department on Wednesday, November 20th. I would recommend that Council accept the resignation. APPOINTMENT OF ACTING REPLACEMENTS I discussed the issue of replacements with Assistant Chief John Maczko. John and I have agreed that it would be best to appoint him in an Acting Chief capacity until sometime early next year when we can make decisions about perman- ent replacement officers. At this point in time, John is uncertain whether he �'�� is interested in the Chief's job on a permanent basis, but he is willing to serve as Acting Chief. Also, I am meeting with the entire fire department at their general meeting of December 18th, and I am sure replacement of the officers is one of the subjects they will want to discuss. �}r: John has indicated that he would like to have the Council also appoint an � Acting Assistant Chief. My suggestion was that we appoint the captain currently in office who has the longest service. That would be Bill Lerbs. Bill has agreed to accept the position as Acting Assistant Chief. SALARY CONSIDERATIONS The existing salaries for the two positions are: Fire Chief - $3,930 Ass't Chief- 2,163 As you may recall, the adopted 1986 budget includes funds to increase these salaries to $5,000 and $3,000 respectively, with the understanding that the City Administrator and Fire Chief would be doing some work on an appropriate salary level. I feel that any major change in the structure of the officer's salary : should be done at the time of permanent appointment, and John agrees. Therefore, for the present time, I am recommending that we set the salaries respectively at $4,087 and $2,249. This is 47 above the existing salaries, which is equivalent = .''; t'!i -z- to the across zhe board annual adjustment I will•be recommending for all non- organized emplc�yees. ACTION REQUIRED If Council concurs with the recommendations above, it should pass a motion accepting the resignation of LeRoy Noack as Fire Chief, appointing John Maczko as Acting Fir-e Chief at an annual salary of $4,087, and appointing Bill Lerbs as Acting Assistant Chie.f at a salary of $2,249. 0 � : 'r'� league of minne�ota ci�'re� MEM{lRANDI3M Navember 26 , l �}85 T0: Mayors, Managers, Clerks FROM: Ann Higgins, S�aff Associate Si7BJE�T: TECH2�ICAL IN�ORMATION Ot3 FEDERAL TAX REFORM PR4POSAL RESTRICTIONS ON TAX-EXEMPT FINANCING Actions taken by the House Ways and Means Committee i�,crease the patential ft�r major•new restrictions on the authority of cities to issue traditional public purpose bonds. It is estimated that the following provisions, if adopted by Congress, would reduce the types of municipal bands eligible for tax-exernpt status by at least �#0 percen� and subject so-called "nongovernmental" bonds to a new state-- __..---.. __. . _ ,. .---- -w.�. _..� ._. by-state per apl a va ume �mi- .- -_. � - It is vital that cities contact both House and Senate members oi the Minnesota Congressional Delegation to make clear k�ow serious an impact °�"�' these intrusians on cit� authority to issue bands will have on the ability of the citx to manage �rublic imprqvements, del.iver public , services, and suppart econamic development. Unless members of Congress can be persuaded to reverse or modify proposed band � restrictions, it is expected that they wil]. become key provisions of --_: federal tax reform legislatian ta be sent ta the floor of the U.S. House af Representatives during the first week of December. Restrictions on Traditional Public Purpose Bonds Traditional general obliga�ion, revenue, and tax inerement bonds would bc: restricted by a new generic definition, effective January 1, 1986. Bands would be nan-governmental if the lesser af 10 pereent or �10 mil�ion of the bon roceeds is used o ene�`x iree or indirectl an erson trade or business including 501{e 3^� organizatians other than a governmen al entity, an�d��if�P�G� han � percent (or $5 raillion) af the proceeds is loaned to a trade or . busa.ness. ' What does this mean to e�ties? It means that cities planning to issue such bands after January i, must check with bond counsel ta determine if those bonds meet the use test described above. Bands termed nan-gavernmental tznder terms of these new limits will be subjeet to much higher ri.sk re: their tax- exemgt status and therefore be mare costly ta issue (because bond 1 F3� univ�rsiCy �ven�_�e F�a�L, s�, p�ul, rn�nn�sr�ta ��'I O'I fC�'I 2) 22�-5�00 "� � caunsels are most likely to issue anly qualified opianions as to their future tax-exempt status). This follows from the reaction of bond counsel to the prospect of pending federal legislation (federal tax reform) that potentially wiil lfmit the definition of governmentai bonds as nated above. Whether ar not the Senate has acted on the measure by January 1, band eounsel's coneern for l.iability on this issue will preelude the ehanees t'or "clean" opinions on bond issues where the benefits to trade or business appear to exceed the 10 percent test. An examgle offered by the National League of Cities: if your city is planning to make improvements to a municipal parking facility finaneed with G.O. bands, you will want to take special care to be certain that no business receives more than a 10 percent benefit through either exclusive aceess or use of a number af reserved parking plaees. , A i�ew Per Capita Volume Limit on "Non-Governmental" Bonds Same munieipal G.O, and revenue bonds that fail the 10 percent test would be terrned "non-governmental purpose" bonds and would be ineluded in a new state-by-state volume cap along with srnall issue industrial develapment bon�i.s.—�for whieh the Kouse Ways and Means Comma.ttee has v`'Z�t��i""�� eliminate the sunset provisions of Dec. 31, 19$7). In addition to those in the above category (public purpose bonds for publiely awned and aperated faeiliities that fail the 1Q pereent test), the following uses wauld also be permitted, limited by a valume cap. '�=' The cap would place all tax-exempt non-governmental bonds, with the exception of certain airport and port facilities {excluding warehouses) under a state limit of $175 per capita -$25 per capita of which would have to be set aside for non-prafit hospitals and universi�ies, further reducing the volume of tax-exempt financing ,= authority to $150 per capita for 198b and 1987. {In 1988, the cag would decrease to $125, with the sunset of mortgage revenue bonds.) Of the remaining $15p per capita, $75 wauld have to be set aside far housing bonds unless the legislature determines othewise. �� multifamily rental housing * some airpart and port facilitiss `* sewage amd solid waste d�.sposal facilit�.es �' �' �unicipal waier facilities � * single family housing (until 19$8) � * veterans' mortgage bands i�' small issue TDBs {with sunset date eliminated} !t �' student laan bonds `• �' non-profit university and hospital bonds I�npaet for Cities The praposed per capita volume cag would force cities, other units af local government ine].uding counties and school districts, as well as 2 :1• . , . ; state agencies to face the prospeet of competing for limited bonding authority. Overall housing bond volume nationally would be expected to decline by at least 10 pereent, compared with 1984. Another very ominous'prospeet is the fact that certain uses of tax- exempt financing that fail the 10 percent test would not be eligible for tax-exempt financing, effective January 1, 1986. The following publicly owned and operated facilities would be ineligible for tax-exempt financing, under these provisions: * sports facilities * trade and convention centers � parking facilities * eleetric energy * gas furnishing facilities * hydroelectric generating facilities * district heating and cooling facilities * industrial parks � * hazardous waste facilities * pollution control facilities Even if municipally owned and operated, these facilities are considered sufficiently non-governmental in their purpose and operation that the House Ways and Means Committee has determined that they shall not retain eligibility for tax-exempt bond financing. Any non-governmental portion of a governmental issue in excess of $1 million would also be subject to the volume cap. (That would mean that in the instance where a governmental issue benefitted a trade or business by that amount, even though that is less than 10 percent of the bond proceeds (even as little as 1 percent or less), the portion exceeds $1 million could not be issued under the sole authority of the city to�determine but would have to be allocated under a statewide allocation system.- FURTHER PROPOSED RESTRICTIONS ON REFINANCING Advance-refunding of traditional public purpose bonds would continue to be allowed, but the cost of the new issue could not be recovered through arbitrage earned on the bond proceeds. Unless the present volume of interest savings was more than the cost of issuing the advance refunding bonds, the latter could not exceed 250 pereent of the volume of the refunded �bonds. Advance refunding bonds would also be subject to the same per capita volume limits of any new non-governmental bond issue (as noted a�ove). In addition, the call period for such issues would be l�mited to a period no earlier than the date they could be called at par or at a premium of 3 percent or less. No unlimited arbitrage could be earned as a result of a provision which would limit such a period for advance 3 '=,:, � refunding bands to 30 days after issuance and for refunded bonds no later than �he date of issuance>.of the refunding bond issue. Finally, bonds for the following non-gavernmental activities would no longer be eligible for advanee refunding: - � * multi-family, single family and veterans' housing * governmentally owned airports (including land, nofse abatement and freight-hand].ing facilities) * port facilities (nai including storage warehouses} * mass commuting facilities * sewage and solid waste disposal faeilities * facilities for furnishing water � smal]. issue IDBS {with all sunssts removed) �' Section 501(e){3) organization bonds � student loan bonds (All the abave, except housing, sewage and solid waste disposal facilities, would have to he publicly owned to qualify for tax-exempt financing.) Private developments finaneed with tax-exempt bonds (except Iow-income housing) would have to be depreeiated using the straight-l.ine method. Provisions far multa.family housing more favorable Apparently, although such hausing bands would be cavered by the per eapita volume cap on nan-gavernmental bond issues, tax-exempt eligibility would be retained for all such bond issues if either 25 pereent {now 24�} or more of the units are rented to families whose i.ncome is $q pez^cent or less than the area meda.an incame or 2Q percent or mare of the units are rented to families whase incame is 70 percent ar iess of area median ineome. The state volume cap, unless the legislature changed allocated ($75 per capita) one third to multifamily, single family, and ane third left to the diseretion CONCLUSTQNS it, would be one third to of the governor. Minnesota cities would retain little authority available under any alloeation syst�m that would b� designed to comply with the valume cap. The total al,location for all banding authority under the proposal would be $725 mzllion far the state. Of that, only $321 �nillian wauld remain for both state and local government bondin� authority in 1986. IDB authority in 19$5 in Minnesota totaled $620 mil.lian, under the current volume cap. Add to that $600 rnillion in multifamily housing bonds, at least $200 million in tax inerement finaneing, and �200 million in owner-oceupied hc�using bonds. An incomplete es�imate of af the current leve]. of bond activity would indicate that at I.east $1.6 billion of tax-exempt bonds were issued last year, That figure does nat inelude either the tax-exempt bonds issued by 50i(e}(3} organizations or the portion of governmental purpase bonds that may 4 :; ,►' • . , • , � , . be subjeet ta these new unified.per capita volume limits Ae�ions taken by the House Ways and Means Cammittee are far-reaehing � and intrude in major ways into the conduct of loaal impravement . planning, service manage�aent, economic and redevelopment activities. The House Ways and Means Cammittee seheduled to report out tax reform legislation in early December. It is essential for cities ta make their opposition to these sweeping restrietions knawn to members of Congress naw. Illustrating the local impact of the propased changes in tax-exempt status of bonds will underlin� the seriousness of the impact of �hese tax reform bond restrictions on city services, development, and capital impravement programs. 5 league T0: MAYORS, MANAGERS, CLERKS minnesota November 26, 1985 FROM: Ann Higgins, Staff Associate SUBJECT: TAX REFORM THREAT TO TAX-EXEMPT STATUS OF MUNICIPAL BONDS AUTHORITY TO ISSUE TAX-EXEMPT BONDS UND.ER IMMEDIATE THREAT Chances.are growing that Congress may impose severe restrictions on traditional uses of municipal bonds. Action by the House Ways and Means Committee this past weekend signals that House action can be anticipated soon. Please contact members of the Minnesota Congressional Delegation (list attached) immediately. Indicate your opposition to the proposed sweeping limits and restrictions on cities' authority to issue municipal bonds. •�' SECRECY SURROUNDS DETAILS OF HOUSE COMMITTEE ACTION Because Congress is not subject to open meeting requirements, the currently proposed proposed limits on local tax-exempt financings are the result of closed committee sessions. Actual legislative language ^ for these proposals is not yet available. Therefore, the information in the media or provided informally by committee staff or members serves as the basis for much of what can now be reported. USE AND LOAN TESTS MAY ELIMINATE TAX-EXEMPT STATUS OF MANY PUBLIC IMPROVEMENT BONDS AND LEAD TO MORE COSTS FOR CITIES It must be clearly understood that proposed federal tax reform le�islation now contains provisions that seriously threaten the continued use of tax-exearpt bonds for public improvements. According to the actions of the House Ways and Means Committee, bonds issued by state and local government are governmental - and therefore tax exempt -only if less than 10 percent of the bond proceeds (or $10 million, whichever is less) is used by a trade or business and no more than 5 percent (or $5 million, whichever is less) of the proceeds�is loaned to a trade or business. It means that cities (as well as other state and local units of government) will be able to issue tax-exempt bonds only as long as these use limits or "tests" are not exceeded. 'I e� univer-s�ty avenu� e�st, st. p�ul, minnesoL� 55'I C�'i (o'I 2l 22�-5�00 � � � BOND ISSUES FAILING THESE TESTS ARE TAXABLE AND TERMED NONGOVERNMENTAL UNLESS AN EXEMPTION APPLIES. The following categories of municipal bonds fit within the exemption provided: small issue IDBs, exempt facility IDBs, owner occupied housing, and 501(c)(3) organization bonds, BUT THE TAX EXEMPTION CURRENTLY ALLOWED FOR SOME TYPES OF FACILITIES, WHETHER PUBLICLY OR PRIVATELY OWNED, WOULD BE E[JDED - SEE BELOW. THAT LIST INCLUDES INDUSTRIAL PARKS, GAS A;VD ELECTRIC UTILITIES, DISTRICT HEATING AND COOLING SYSTEMS, HYDROELECTRIC PLANTS, AIR AND WATER POLLUTION CONTROL FACILI.TIES, SPORTS, AND CONVENTION AND TRADE CENTERS. This means that municipal G.O. and revenue bonds for such improvements would be considered taxable. "�29" improvement bonds for curb, gutter, or road extensions to subdivision developments might also be nongovernmental under such a restriction if private developers stand to gain by as little as 10 percent of the proceeds of that bond issue. MORE RESTRICTIONS See page 2 of the attached memo for a list of other bond uses which would automatically be placed under a new per capita volume limit ...... in which cities would compete�to obtain authority to issue tax-exempt bonds. Note that sewer, solid waste, and municipal water facilities are on the list. . What that means is that after January 1�, cities must await the � decision of the Governor or the state legislature to find out whether .� - they will be able to issue bonds for these purposes as well as for any of the other public purpose listed above that fail the 10 and 5 percent use and loan tests. LIMITS ON TAX INCREMENT FINANCING Hundreds of Minnesota cities have made effective use of tax increment financing to assist needed development, to redevelop downtown commercial and industrial sections, and to provide financing necessary to aid in housing development. Only a limited number of projects would remain eligible under the strict limits set by the federal tax reform proposals. No acquisition, land write-downs, financing of development costs, etc. would be considered tax-exempt activity within provisions being considered by the House Ways and Means Committee. Efforts have been madp to try to gain an exemption for such activities at the local level, but to date there is no certainty that such changes will be added. (Al1 8 House members of the Minnesota Congressional Delegation have 2 . !. . �T .r �' , [' sent a letter to House Ways and Means Committee Chairman, Representative Rostenkowski, urging him to permit exceptions to the proposed "tests" to permit the use of tax increment financing.) To the extent that tax increment bonds are used to finance improvements such as streets, sidewalks, lighting, etc., their tax- exempt status appears to have been sustained by actions of the Ways and Means Committee. But, such bonds issued for redevelopment could be subject to the new unified volume limits (referred to on page 2 of the technical information) if proceeds are used for land acquisition or relocation costs. � EFFECTIVE JANUARY 1 DATE POSES CRITICAL DEADLII�E FOR CITY BONDING AUTHORITY When contacting your member of Congress and our U.S. Senators, urge immediate action to remove the January 1, 1986 effective date now in the proposals under consideration by the House Ways and Means ' Committee. Without such action, the authority of all cities to issue . tax-exempt bonds will be subject to major uncertainties and severe restrictions for the foreseeable future. � 3 � CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and C3.ty Council FROM: Kevin. D. Fraz }��ministrator � SUBJECT: Request for Sewer Bil.l Mailing List November 26, 1985 Attacheci is a letter fram Mr. James Losleben, 815 Hazel Cour�, requesCing ta purchase a set of maila.ng labels from the City sewer bill mailing list. This _", mailing lis� covers most of the hames in Mendata Heights, and can be camputer � generated off o� the LOGIS system. Apparently Mr. Losleben wishes to use the mailing labels to contact citi.zens in MendoCa Hea.ghts regarding the Southeast Area subjecC. a The 13.st af sewer accounts is classifa.ed as public data, so �he C3.ty is ob].igated ta provide a list of sewer customers to whomever may ask for it. We are not, howevex, obligated ta provide this in a convenient mailing label form. I�old Mr. Losleben that the questa.on as to whether �he City would make a set of mailing labels available was a policy decisi.on that would have to be de- cided by the City Council.. • T beli,eve that the LOGIS charge for generating Ci�is iisC is approximately $10 -$20, and Mr. Lasleben has offered to pay the charge. ACTION REQUIRED To decide whether the Ca.ty wi.11 sell the mailing labels as requested. t► �, . . attachment � t �ames P. �osleb�n 815 Nazel Court �endota Nelghts, �innesata 55�2� �� Dear f�ayor and Cify Council, I request your approval fo obfain �he use of the Ci#.y Of Mendaf.a Heighfs' sew�r bill mal.ling list. I will reimburse f.he C�ty for the cas� of reproducing �h1s lis�. an mailing labels. The list will be used i.o inform �fendota Hefghfs resfdenfs about �.he �oufheast Area study and the associated Gamprehensiue plan changes. I'd apprecia�.e fa�orable action on �.his matfer. Bes� Regards, �` ' G:�..w�-, �`.� d��C�� Jam s P. Losleben CITY 4F MENDOTA HEIGHTS PLANTiING CdMMISSION MINUTES NOVEMBER 26, 1985 The regular meeting af the MendaCa F�eights Planning Commission was called ta order by Acta.n'g Chair Morsortat $:02 o'clack P.M. The fallowing members were present: Morsan, Burke, Frank, Henning, $tefani and McMonigal. Also present were Planning Cortsultant iioward Dahlgren and City Administrator Keva.n Frazell. Kruse was absent. • APPROVAL OF MINUTES Mi.nutes of the October 22nd meeting were submiCCed previausly. Cammissioner Stefani moved approval af the minuGes. Commissioner Burke seconded �he mation. Ayes: 6 Nays�: Q .. CASE ��$5-3q, UNITED �lcting Chair Morsoncal.led the rneeting to arder far the PItOPERTIES, SUBDIVISiON purpose of a public hearing on an application from Llnited HEARZNG Properties for the subdivisian of Lats I, 2, and 3, Block 6, Mendota Heights Industrial Park. Chairperson Kruse . advised the members that the applzcanC wished ta continue the hearing to a meeting in December, when completed drawings would be available. ��-.. Ayes: 6 Nays: 0 Cammissioner Burke moved to table the public hearing to December 12, at 8.00 P.M. Commissioner Frank seconded the�motion. CAO $5-07, OPHOVEN Mr. Richard Krumm, archiCect for Che Ophoven's noted that CRITICAL AREA VARIANCE the Mayor af Mendota had submitted a letter giva.ng approva: for the Ophoven's ta use the public facili�ies and uCilitie in the City of Mendata to serve their property a.n Mendota Heights. Mr. Krumm indicated that the Mendota Heights golice and fire depar�ments had raa.sed concerns about how they would pravide p�blic saEety services to this property, givc the steep access praposed. Mr. Krumm said that the pet- itioners were however, aC a].oss as to what else they coulc do for access. Dr. Tam Ophovert stated Chat there were two substantial undeveloped Mendota Heights properties in the area, across which an easement far access could be pravided. However, he said that the owners had no interest in developing thosc properties at this xime, or in giving him that easement. He alsa indicated they would be using an on-site well, since it would not be financially feasible to bring City water in. City Planner Dahlgren indicated that the 267 s3ope proposec for the Ophoven's driveway would be extremely steep. :.�: November 26, 1985 Planning Commission Minutes, Page Two Commissioner Henning raised a concern about the City's liability for providing police and fire services to the area. City Administrator Frazell indicated his agreement with that concern, and said that he felt the City might even want to ask the.Ophoven's to sign a waiver that they understood it would be very difficult for the City to provide such services. Planner Dahlgren suggested that the City take the initia- tive to work with the area landowners to try to obtain a Mendota Heights access for the Ophoven's. He indicated that the proposed solution was a dangerous condition and would impose horrendous maintenance obligations on the Ophoven's. - The�Ophoven's agreed that they would like to have a Mendot� Heights access, and that they would appreciate assistance from the City staff. Commissioner Henning moved to table the request for the critical area variance to January 28, and to request Council to work with the Ophoven's and surrounding neighbo:- to try to find a solution to the access problem, and also to look at alternatives for sewer and water service. Commissioner Burke seconded the motion. Ayes: 6 Nays: 0 VERBAL REVIEW City Administrator Frazell indicated that the City Council had 'agreed with the Planning Commission in granting a 12 foot setback vari.ance for the Linvill sign request, had approved the Nick Linsmayer variance request:; and had approved the preliminary plat and developer,`':s" agreement arid park dedication for the first phase of the Tandem develop- ment. Administrator Frazell said that the Council had also approved the amendments to the Southeast Area of the Com- prehensive Plan, with some modifications to the original recommendation that had come from the Planning Commission•. He also updated the Commission on the status of the Jim Riley apartment proposal. ADJOURN There being no further business to come before the Commission, Commissioner Stefani moved that the meeting be adjourned. Commissioner Frank seconded the motion. Ayes: 6 Nays: 0 TIME OF ADJOURNMENT: 8:46 o'clock P.M. CITY OF MENDOTA HEIGHTS MEMO November 26, 1985 T0: Mayor and City Council � FROM: Kevin D. l� ity Administrator SUBJECT: Request from Jean-Claude for Warehouse Sale Mr. Dick Adrian, Executive Vice President of Jean-Claude, has contacted me regarding the possibility of conducting a warehouse sale at their Mendota Heights location. Jean-Claude is located in the Pilot Knob Road Service Center building, at Pilot Knob Road and Northland Drive. While retail sales are not allowed in the Industrial district, Council has • granted occasional permission to Schaak Electronics to hold their weekend warehouse sale. Our primary concern in restricting retail sales in the industrial district is that parking requirements are not set to accommodate retail sales, as well as employee parking. In the past, we have not received complaints about the weekend warehouse sale. As you can see in the attached letter, Mr. Adrian is requesting an ongoing weekend and evening warehouse sale for approximately a six month period. This would certainly be a considerable expansion of what the Council has approved in the past. � Mr. Adrian will be present at the Council meeting Tuesday evening. ACTION REQUIRED To decide whether Council will grant permission for a warehouse sale at Jean-Claude, and if so, with what restrictions. I�F: madlr attachment c';"J� o�cEs: roRon�ro PARIS MlLANO November 26, 1985 r 1/ '/ / / ' / Mr. Kevin Frazell City Administrato.r - Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Dear Mr. Frazell: The Jean-Claude Company is a direct mail syndicator, and as you see from our address, located in Mendota Heights. We sell relatively expensive products to consumers through American Express by mail order. We also have a clothing catalog under the name "Richard's" which is for men under 5 feet 8 inches. In order to determine whetlier it is feasible to open a retail outlet, we would like to test this concept by advertising to the public to come to our "warehouse store" at our offices in Mendota Heights Industrial Park. I under- stand this requires special approval from the city. I would like to request that approval, which I understand requires that I make the request at a City Council meeting; the next one being December 3. � We would run this warehouse operation after 5 o'clock in the evening and on Saturdays and Sundays. The exact hours have not been determined yet. I presume there is no`restriction on the part of the City to the hours. We would like to reguest we test this concept perhaps for six months, at which time we would then know whether it was successful or not. Enclosed are copies of the catalog to show you the type of inerchandise we sell, as well as some mailing pieces from our American Express mailings. We are primarily interested in the clothing�business in terms of the retail concept, but as long as the customers are in, we would sell some of the American Express product that is left over from our mailings. This sale would be similar to the type of warehouse sale Shaak runs from time to time. Can you tell me what the next step is? Sincerely, � �� Richard H. Adrian Executive Vice President Enclosure � G��2�" U.S.A., I�c. 2535 Pilot Knob Road, Suite 126 Mendota Heights, MN 55120 Tel: (612) 452-064�i �� m CITY OF MENDOTA HEIGHTS MEMO November 26, 1985 T0: Mayor, City Council and City tor �� FROM: James E. Danielson Public Works Director SUBJECT: Request for Summer Help For Engineering Projects DISCUSSION: Staff anticipates the 1986 construction season wi.11 be one of the •• busiest ever for Mendota Heights. Therefore it may be necessary to hire = extra help to aid the engineering department in surveying and inspecting for the various projects. These projects include Northend Streets, Tandem Development, Yorkton Development, Lake LeMay Storm Sewer, an MSA project and numerous other possibilities. The 1986 engineering budget allocates $5,000 for a summer engineering aid and with all the anticipated construction the engineering department should have ample income to cover the budget. Staff is currently considering two sources for obtaining an engineering ��►- aid. The University of Minnesota has an internship program for 3rd year . civil engineering students and TVI has an internship program for second year ' engineering technician students. Both programs begin in May and last about 6 months. The pay for both programs is comparable. There is a high demand ' for these students so if we want to participate, we should send in our -_ requests for interviews before January. The highway department normally " hires the entire TVI class in January. RECONII�IEND ATION : Staff recommends Council authorize staff to hire a summer intern for •:. ACTION REQUIRED: No formal action is required, only a concensus that engineering can hire a summer intern in 1986 so that staff can work with the University of Minnesota or TVI to find a candidate. CZTY t}F MENDQTA IiEiGI�TS MEMO November 27, 19$S Tt}: Mayor and City Council FROM: Kevin D. �raz �:%`y!`"dministrator SUBJECT; CAO Case No. 85-07, Thomas Ophoven Vara.ance Thomas Ophoven has purchased Lot 4, Snelling View. The laca�ian of this praperty is indicated on the attached map. The Ophoven's would like to construct a hame on the property, bu� have been unable ta obtain an agreement with any o€ the surraunding Mendota Heights neighbars ta allaw easement or purchase of property far access to a public street. Therefore, for lack of an alternat3.ve, �hey have purchased t,wo lots in the ``'.: , subdivision immediatal belaw the rade in Che Git of Mendota which waulci y g y , provide access to TH 13. The probl'em however, is that this driveway wauld be at an aimast lb� s2ope, whi.ch is extremely steep. ' Bath the Planning Commission and staff feel that this is not a gaod solution to the qphoven's access problem. Our primary concern is that it could be difficult to impossible to provide palice and fire services to this groperty, par�icu],arly in inciement weather. The Planni.n.g Commissian has asked that th� City Council direct staff Co work with the Ophoven's and surrounding property awners ta see whether a Mendota Heights �``� access on level ground can be warked out. This would also include loaking aC the options for sewer and water service, , ACTION REQUIRED Tf Council concurs with the Planna.ng Commission reeammendation, it should direct staff to work with the Qphoven's and the other property owners to secure a Mendota iieights access. KDFsmadlr attachment � l-- ' /`� � _ _� - � ' / � �. r - l / / � ' � � � � % .,/ '�e�� a �/ a ��. 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' • •�i. a!! � s ` '�, ; =0� �'� .� I w0O �,� ..' ij - I �� , .. . �� d0� •� , ... �-. • r '� ti �� ; �. r ��. �T �: 7,��` ,� �.��__ `, -a ..�, • ji. ir'�•� \c — � . �� , : �,•:'� '•`_ ` ,� *��I �•` _ �a I o:..�+ -r:�{�� - o..�-�� _,_..,.,_...,.,,...._� I _ ! . �..vo. _ ,a �,,:g�:. :� .. ,�I.,IIIIB�1- _ ,_ - � . � : _ _ _ '� - —`; �J �. —�,l��J �� = �3 CITY OF MENDOTA HEIGHTS I'ul u[1i T0: Mayor, City Council and City "n�trator FB4M: James E. Danielson Public Works Director SUBJECT: Sewer & Water Connection Charge 750 Mohican Lane DISCUSSIpN: November 27, 1985 Bernie Friel has submitted plans to construct a new hame on land he awns directly behind h�.s existing hame in Friendly Hills �see attached map). �•• That land has a s�ub street extending up to it with sewer and water in iC. Bernie could hook his new utili�y services into these stubs however the land has not paid any assessments. Sta�f has calculated a connectian charge for the 1ot as $2,952.I6 for sewer and $395 for water. (Sanitary Sewer - Zmprovement No, 68--1, Watermain - Impravemen� Na. 78-4}. There is a passibility �hat the sewer could be used when the schaol property develops. A line would be extended sauth- easterly along Mr, Friel's northerly property line. :.r"a To allow for maintenance af the Ci�y's portion of the sewer line and to better facilitate fature extentians, a manhol.e shauld be constructed on �he end of the line where the house service is to be cannected, Mr. Friel shauld construct �he manhale. �':�, The City coul.d give Mr. Friel credit an his connectian charge far the • manhole costs. Usual costs for a manhole are about $1000. RECOI��ENDATIQN: � Staff reco�nmends that Mr. Friel be allowed ta connect to the City's sanitary sewer and watermain for a connection charge fee of $3,347.16 - $I,000 (manhole credit) _ $2,347.3.6. � ACTION REQUIREI}. If Cauncil wishes to implement the staff recommendation they should gass a motion authorizing staff to issue sewer and water permits ta Mr. Friel for a connection charge of $2,347.].6. � •` � ��,r � _ �� • i �^�..,—. ` r. � . I /' � ' ......... \ i � ,. -" ..�� i • �' .------ . a` /' �,j � �/ �""�^ • ��` �% i � I / ��' �...�... , ,,,�� `• ,% /! !�f /'� � ' / r�..- .� 1 �` i ' � ! � !.-... _ t � ;' , �� r: r r/ 1�'- � ► . � � t r y t �'� � ' , � . 1 �j�� i ��.. 4 � � + t•�!' r t-� i � ! r \ � i t rt ! � � i 1�i � .. , a, � y l ��,j �. I ' � - r Z � p� �.�' �� ,±-1 t � � � -Z, -f � � j� j + �!i �r� �� / -- t �,1 � � t r r � ! �`�. � � �fj ► ,,•�'�i� I � t � + � i� ' r/ }ra � � � ` + � r �1 . . ,�" -c3� , � t , I J i /"�'� -'�••`\ �''��`,`' ,�T► . i � r � f 1 ��-1 r �� j � + t �7„ ! � l ♦ � � �"� � .. �• �( � t O � � ' <4 � � `v e. � � i ' .. � ZY � , J� � � ' A� / b �� l i �• �' �. �, 1 O / r /. •'� �! i/ ai t 1 �� ..., � .�. '' r' '�� '��.' 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CITX OF MENDOTA HEIGHTS MEMO November 27, 1985 T0; Mayor and City Council FROM: Kevin D. �raz��,,�i'� Administrator SUBJECT: Compreheasive Plan Amendments for the Southeast Area ADDENDUM TO THE COMPREHENSIVE LAND USE PLAN At tYte meeting of Octaber 15�h, Counca.l appraved a series of amendments ta . the City's Comprehensive Land Use Plan for the Southeast Area. At the meeti.ng af Navember Sth, Cauncil further approved specific wording as suggested by the City Planner for adapting thase amendments. � , Attached is a copy of the addendum as prepared by the Planner. The addendum is in a final form, ready for transmittal to the Metrapola.tan Council. AMENt3MENT TQ THE COMPREHENSIVE SEWER PLAN Also enclased is a revised map amending the City's Comprehensive Sewer Plan. Primarily, this is being done to indica�e thase areas of the Sautheast sect3.on of City that wili be sewered as a resuit af our planning effort. Our exisGing sewer plan has indicated that these properties were not expected to be sewered until after 199Q, and of course, at a different density Zevel than as anticigated in tfie Sauth- east Area amendments. In preparing these changes, the Engineering department has also indicated on the map where other changes in the status of sewer service have taken pl.ace in the CiCy since the last amendment was filed with the Metropalitan Council. Public Worics Director Danielsan will be prepared to answer any questions Council may have at the meeting Tuesday evening. ACT'TON REQUIRED Motion to aggrove Southeast�Area. Motion Metropolitan Council. KDF.madlr attachments transmittal of the Addendum to the Comprehensive Plan for to adopt the amended Sewer Plan, and Gransmit it to the :1: CITY OF MENDOTA HEIGHTS MEMO November 27, 1985 T0: Mayor, City Council and City �i�n'�rator FROM: James E. Danielson Public Works Director SUBJECT: Sewers, Water, Streets & Lighting Yorkton Centre Pointe South Subdivision Job No. 8422 Improvement No. 84, Project No. 4 DISCUSSION: The hearing to consider the public improvements for Mr. Larry Lee's Centre Pointe South subdivision is set for 7:45, December 3, 1985. I will be prepared to give an oral presentation of the project at that meeting. Please bring your feasibility reports from the October 22nd meeting (If you no longer have that report, please call and I will send one out). There are only two landowners affected by the improvements, the de- veloper, Mr. Lee and GNB (storm sewer assessments and lot line changes due to street construction). I have met separately with Mr. Tom Hattershied and Mr. Gus Hipp of GNB to discuss the project with them. They indicated in that meeting that they have no serious problems with the plan. One item that was of concern to them was that we need to acquire some land on the southeast Qorner of their lot. This land is needed as right-of-way to align Centre Pointe Drive with Tom Thumb Boulevard. This street construction means that some alterations will have to be made to their existing parking lot layout. The details of those changes will be worked out during the final design of the project. The costs f or the parking lot changes will be assigned to the street portion of the project and assessed. RECOMMENDATION: Staff recommends that, provided no input to contrary comes out at the public hearing, Council order this project in and direct staff to prepare the plans and specifications. AGTION REQUIRED: Conduct a hearing on the proposed public improvements to serve the Yorkton Centre Pointe South Subdivision. If Council is satisfied with the proposal and desires to implement the staff recommendation they should pass a motion adopting Resolution No. 85- , RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, STREET AND LIGHTING IMPROVEMENTS TO SERVE YORKTON CENTRE � POINTE SOUTH SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT N0. 84, PROJECT N0. � • 4) 7 0 CITY OF MENDOTA HEIGHTS �,'�i��7 T0: Mayor and City Council FROM: Kevin D. Fraze� �t�Administrator � SUBJECT: Adoption of A Fire Code Appendix E November 27, 1985 Attached is a memo from Fire Marshal Paul Kaiser, recommending that we adopt Appendix E of the Uniform Building Code. Appendix E requires the sprinkling of certain structures, including commercial and industrial buildings, as well as apartment complexes. . . F... The majority of the new construction in Mendota Heights is voluntarily ��;; sprinklered. However, as Paul points out in his memo, Appendix E tends to be controversial among the development community. As an alternative to adopting Appendix E this evening, Council might want to invite major area developers (i.e, United, Garron, Yorkton,) for their comments prior to final Council action at a later date. Fire Marshal Kaiser, and Assistant Fire Chief Maczko will be present at Tuesday's meeting to discuss this issue with Council. ACTION REQUIRED �` To consider the proposal.to adopt �Appendix E. :t KDF:madlr attachments � � CITY OF MENDOTA HEIGHTS MEMO November 5, 1985 T0: Mayor, City Council and City Administrator FROM: Paul M. Kaiser, Fire Marshal , SUBJECT: Ordinance Adopting Appendix E of the Uniform Building Code During the 1981 session of the Legislature, a bill was introduced permitting local units of government to enact ordinances requiring on-site fire suppression systems as they seemed appropriate. This bill passed the house, but was not passed in the Senate because of opposition. The Chairman of the Senate Committee recommended that all affected parties attempt to resolve their differences through the rule-making process of the Administrative Procedure Act. The eventual result •• of this Ad-Hoc Committee was the adoption of Appendix E of the Uniform Building Code. Appendix E of the Uniform Building Code (UBC) is a requirement which, if adopted by City ordinance, provides for on-site fire suppression systems in new buildings, additions to buildings, and buildings for which the occupancies change. The cost of installing this protection is borne by the private sector. While Minnesota statutes do not mandate that a municipality provide fire protection for their citizens, most communities are endeavoring to maintain a �� proficient level of fire protection in the face of additional construction, and restrictive, competitive budgets. Other factors which impact on the proficiency of f ire protection are increa'sed traffic flow which restricts the volunteer from reaching the main fire station or fire scene within an acceptable response time and the ability to recruit personnel for the task of firefighting. The adoption of �'�•• Appendix E of the UBC would preclude, for many years, the necessity of building • additional fire stations, obtaining new equipment and supplies, recruiting addit- ional personnel and, perhaps, the possibility of hiring full-time firefighters. There are those who do not agree with Appendix E of the UBC. The power sources against this Appendix come primarily from contractors and developers. The contractors claim: l. That they receive no benefit from this adoption. For them this is an additional cost to the construction of the building. 2. They argue that there were few contractors chosen to be a part of the Appendix E committee. 3. They state the small square footage allowed in a B-2 (Business) occupancy is too restrictive. The following information is a rebuttal to the claims of the contractors: ,_' 1. The cost of an automatic sprinkler system is $1.16 per square foot by � State Building Code estimates. Admittedly, this -is an additional cost, but building codes do allow trade-offs which should pay for the added cost of fir.e protection. Such trade-offs include walls and ceilings of lesser fire protection and liberalized exit requirements, which can yield a higher occupied space. 2. The argument that few contractors were selected to the Appendix E Committee is debateable. Who is more capable of addressing the issue of life safety and building safety than those who have been chosen for this work, i.e., building officials, fire chiefs, and fire marshals. 3. Is the square footage too restrictive? In my opinion, the answer is no. It takes manpower, equipment, and the ability to quickly extinguish a fire of any size. One or part of these necessary ingredients could be missing at any given time. Climatic conditions, equipment downtime, illness, or simulatneous fires would greatly reduce the effectiveness of a f irefighting force. One or two sprinkler heads would hold a fire in check in all but the most hazardous of occupancies until the arrival of a small firefighting team. Developers claim that the cost of an automatic sprinkler system would be an expense that would require them to charge more for their property, and thus, inter- ested parties may locate in an area where initial costs are less. My answer to this claim is while it is true that the initial cost is more, this will be offset by lower insurance premiums for a sprinklered building and beyond that, a fire in a sprinklered building means only the loss of this tenant space for a short period � of time versus the long-time loss of many tenant spaces. This converts to a :;V� revenue savings to the developer. Additionally, areas which have adopted the Appendix E such as Richfield, Eden Prairie, and 12 other communities in the metro area, have experienced no difficulty in attracting new construction. Mendota Heights is continuing to attract construction at an ever-increasing rate that has the potential of overtaxing the current suppression level of your f irefighting force and creating a lesser environment of protection for those who � live and work in this growing co�nunity. As Fire Marshal, I am personally concerned about the life safety of building occupants and fire department personnel who must enter buildings to suppress fires. Statistics show that multiple deaths are very rare in buildings equipped with automatic sprinkler systems. Property damage is also greatly reduced. Therefore, it is my recommendation and the recommendation of Code Enforcement Officer Paul Berg and Fire Chief LeRoy Noack, that you give consideration to the adoption of Appendix E of the Uniform Building Code. If you have any questions, please feel free to call me at work (454-3266) or at home (920-8878). PMK:madlr Appendix E - Uniform Building"Cod� 2 MCAR ¢ 1.10020 Optionai p��visions for installation of on•prcmisa fire suppression systems. • A. Purposc. This rulc authoriZes optional provisions Cor the installation of on-prcmises fire suppression systems in ncw� construction. It is intended to allcviate increasing demands for additional fire suppression resources by allowing a municipality to �adopt the optional provisions of this rule bascd on its local fire suppression capatiilities. B. Municipal option. 'The sprinkler system requiremcnts in C. may br adopted without change by a municipality. lf thc�� are adopted, the rcquiremcnts are applicable throughout thr municipality for�ncw buildings, additions to buildings, and buildings for which.ihe occupancy classificafion is changed. C. Rcquirements. Au�omatic sprinkler systems must be installed and maintained in operable condition in buildings in the occupancy classifications listed in 1.-12. This requiremcnt is in addition to other minimum rcquircmcnts set in the statc building codc. The height and area increases providcd for in sections S06 and 507 of the UniCorm Building Codc. as adopted"in the state building codc may be applied. " 1. Group A-I occupancics. 2. Group A-2 occupancics with an occupant load oC 300 or more. 3. Group A-2.1 occupancies. 4. Group B-1 scrvicc stations with 3.000 or more gross sq. ft. of arca, not including canopies. � S. Group B-1 parking garages with 5,000 or more gross sq. ft. of arca. 6. Group B-2 offices and post-secondary classrooms with 8,500 or more gross sq. ft. of arca or three or more stori�s in height. 7. Group B-2 rctail, warehouse. or manufacturing areas with 2,000 or morc gross sq. ft. of area or three or more stories in height. � ' Y�:: 8. Group E-1 and E-2 occ��ancies with 8,500 or morc gross sq. ft. in area or two or more stories in height, except for minor additions that do not incre:;e the occupant load or eignificantly increase the fire load. -:�<< 9. Group E-3 occupancies with an occupant load of 30 or more. .��. 10. Group H-4 occupancies with 3,000 or more gross sq.�ft. of area. -"�� . 11. Group R-1 apanment houses with 8.500 or more gross sq. ft. of area or with dwelling units on three or more floors, except "that whcn they are not required by Uniform Building Code, sections 1807 or 1907, or other provisions of thc state building code, automatic sprinkler systems within dwelling units in apanment occupancies are considered complcte w•hen protection is provided in al! habitable rooms. Building of�ficials, in concurrence with their fire chicfs, may accept systems not fully complying with Standard 38-1 of the Uniform Building`Code. `�� 12. Group R-1 hotels and motels with 8,500 or more gross sq. ft. of area or with guest rooms on three or morc floors. CITY OF MENDOTA HEIGHTS MEMO November 27, 1985 T0: Mayor, City Council and City A' i�a'�or FROM: James E. Danielson Public Works Director SUBJECT: 1986 CDBG Funding Request North End Street Improvements Job No. 7843 Improvement No. 79, Project No. 3 .: y DISCUSSION• Last November the City Council requested $70,000 CDBG funds to assist homeowners that were to be affected by the North End street improvements. The requested amount was to provide interest free loans to eligible home- owners. The grant request was reduced by the CDBG District Committee to about $50,000. The project was never started in 1985 but the plans and specifications were ordered for a 1986 completion. The scope of the project was increased to include curb and gutter on all the streets, with the option of being able to deduct curb and gutter from Fremont, Hiawatha, Garden and ;',.� Ellen after the bids are received. The City needs to reapply for CDBG funds again in 1986. I have pre- pared the new application (attached). This new request includes $70,000 to still assist eligible homeowners with their assessments and $120,000 more to pay the extra cost of adding curb and gutter on Fremont, Hiawatha, Garden and Ellen. The total request for 1986 now comes to $190,000. ACTION REQUIRED• If Council desires to again apply for CDBG funds to assist North End homeowners with their street assessments they need to pass a motion adopting Resolution No. 85- , RESOLUTION REQUESTING CONIl�IUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR NORTH END STREET IMPROVEMENTS. � CITY'OF MENDOTA HEIGHTS MEMO T0: Mayor, City Council and City mini� t�r FROM: James E. Danielson Public Works Director SUBJECT: New Maintenance Worker DISCUSSION: November 27, 1985 As a result of Dick Ploumen quitting to accept a new position in Brooklyn Center last summer. The City had some in house restructuring of employees that left a maintenance man position vacant. We recently adver- -� tised for that position in the St. Paul Dispatch and Sun newspapers. There were 132 applicants. We narrowed that list to 6 which we interviewed on the 26th and 27th of November. Tom Olund, Len Kanitz and i formed the interview panel. We evaluated them on the past experience, personality and maturity. There were five excellent candidates who would have all be acceptable but we selected David Sorby from Spicer, Minnesota as our recommended top candidate (application attached is confidential, for Council review only). ,.:� RECOMI�NDATION: David stated that he would be able to start work within 2 weeks, the Public Works staff is already shorthanded for snowplowing and asks the Council to authorize hiring him as soon as possible. With the holiday season we ask that staff be allowed to work with the applicant to determine a reasonable starting time suitable to both. ACTION REQUIRED• If Council concurs with the staff recommendation they should pass a motion to hire David Sorby for the advertised salary of $8.15 per hour the exact date of hire a detail to be worked out with the applicant and staff. r t " � Y+�rl�.t��r� l�c�.'�c 1690 University Avenue, St. Paul, Minnesata 55104 •(612) 484-9000 November 29, 1985 The Honorable Mayor and City Cauncil City of Mendota Heights City Hall 750 So. Plaza Drive Mendo�a Heights, MN 55109 Dear Sir: This le�.ter is �a infarzn yau o� aur current sfiatus on the Conference Center to be buil� in Yorkton Center Pointe South, Mendota Fieigh�.s, 6r�e have been working on the projec� for 18 months and have spent a considerable amount of money thus £ar. We have enlisted �he services of Mr. Steve Musatto �.o provide us with commitments for users of the space which to tnis da�e we have nat received. After a series of ineetings with Steve and Ran Berc� af Miller Securities we decided to get ano�her apinic�n vn a conference center now operating. We went to Atlanta and went thraugh a conference center similar in character ta our cancept. We have decided ta have an opera�ing company come here and do a market study for us before we finish our design and �inal layout of the projec�,. This is going to take same addita.onal time �o get all of the data necessary fram them. Because of the timing of the Bond Issue we are requesting the Cauncil ta allow us �.o use the allocation we have paid for in the amount of $3,5Qq,OqO for an of�ice building of approxima�ely 45,000 sguare teet on our property of which Mi11er Securities wi11 provide the sale of �he Bonds. This will use the Mendota Heigl�ts allocatian as we agreed, and allow us �.o Industrial •�ommercial • Investment • Residential • Property Management � . , . .._ .._-r •- - '- ---. _. ---- '- -- • -----.___._._ ��___..______�_._�-^--- --�.___,_.,�.��_._.�___�....--r.-•"-----�--- ---•• . . 0 November 29, 1985 Page 2 start a first building in the Business Park. In addition, we have an agreement with the Baptist Hospital to purci�ase a piece of land to build a medical center on it, and have met with a local bank to build a bank facility in Center Pointe South. Thank you for your continued cooperation with our firm and we would appreciate any consideration you can give us in regard to this matter. OLL/dp cc: Mr. Robert L. Davis Mr. Ronald Berg Sincerely, . Larry Lee, President Yorkton, Ltd. CITY OF MENDOTA HEIGHTS MEMO November 29, 1985 T0: Mayor, City Council and City 'ni��r FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Alpha Environment INTRODUCTION The Council has authorized the issue of b6,400,000 I.R. Bonds for construction of the Alpha Conference Center. Due to some complications which Larry.�L'ee will explain, construction of the conference center must be delayed until spring. , As an alternative, and to use the IR �ond allotment committed for 1985, they would like to have approval to switch 3,500,000 to the construction of an office building. �'•'�=� To do this, a Federal TEFRA hearing is necessary to gain final approval. Such a hearing has been advertised for December 17 at which time final bond approval would also be considered. ACTION Confirm advertisement for hearing to be held on December 17, 1985. LES:kkh . , :, CITY OF MENDOTA HEIGHTS MEMO November 29, 1985 T0: Mayor, Ci ty Counci 1 and Ci t �dm r,�j�i ' rator FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Health Resources . INTRODUCTION: An IR Bond hearing had been called for the November 5 City Council meeting which was adjourned until December 3 due to problems.that the Company was having in firming the location of there structure. The location problems have not been resolved and the project will not proceed at this time. ACTION: Reconvene the hearing, close' the hearing without any action. LES:kkh ;;� ::; CITY OF MENDOTA HEIGHTS MEMO November 29, 1985 T0: Mayor, City Cauncil, City A in a r or FROM: Kathleen M. Swanaon City Clerk SUBJECT.: Marriott Corporation Dev�lopment ProposaT Liquor Ordinance Requirements INFORMATION It is my understanding that representatives of the Marriott Corporation will come before the Council on December 17th to preaent a _�� proposal £or development of a"courtyard hotel" facility in the City. ,. The Marriott people have expreased to ataf£ a very definite interest in acquiring an on-sale liquor licenae if the facility ia approved. The limited aervice, courtyard hotel type £acility ia an innovation in Minneaota, and aa auch waa not enviaioned or defined when the liquor ordinance wa8 dra£ted. Conaequently, aome of the minimum hotel/restaurant provisiona contained in the ordinance cennot be met and the an-aale licenae £ee might be exceeaive. This memo has a two-fold purpose: to alert Council to Marriott's � intereat in acquiring a liquor licenae and inability to meet ordinance � requirementa; and to requ�at Council direction on whether ataff should `•-:�• proceed to develop ordinance amendmenta which could accommodate this � type of facility. DISCUSSION The existing liquor ordinance defines hotel and motel Cin part) as containing not less than 50 guest rooma and dining room facilities for aeating not less then 100 guesta at e time. The Marriott proposal exceeds the guest room requirement C145 to 150 rooms) but the restaurant will contain only 40 seats. The restaurant ia intended to serve only hotel guests <and not the general public), and liquor would be served within the restaurant snd in a contiguoua lounge-type area to those waiting for reataurant seating. Although I do not know the aize of the resteurant, I auapect thet the 2,000 square foot dining area required by the ordinance far exceeds the apace intended. The on- sale liquor license fee is 510,000 annually. Since the restaurant's purpoae would be to aerve only hatel guests and outaide trede will not be solicited, it ae�ma unlikely that liquar sales would be'aignificant enough ta �uatify so aignificant an annual fee. ACTION REOUIRED This memo is for in£ormation purposes. No action is required, however ataff would like aome direction by Council as to whether we ahould proceed with preparation of an ordinance amendment which would ' accommodate the Marriott proposal and similar propo8als which may pccur in the future. lt/29185 MEMURANDUM T0: Mayor and C1ty Councit City Administ ��- FROM: Chief of Police SUBJECT: Requ�st to Trap Beaver 1.n�rc�ductian Mr, Aiian Taylor, 1297 Sylvandaie Rd, is experiencing a problem with beavers destroying his property. He is requesting permission to hire a person to trap the rodents. ��. This is an annuai probiem that we have faced €or the past three years, specificaily at the Hejny residence on Vailey Curve. We have checked with The Department of Natural Resources and ihey have no problem with the �� trapping because of the over-abundance of the animals tn our area, and because of the significant prQblems caused by at}c�wing the beaver population to go unehecked. Couneil's approvai of such requests in the past has led to a quick and discreie end to the hameowner"s difficulties without creaiing any pubiic furar. �ec.omm n�da�,ion That council grant Allan Taylor, 1297 Sylvandale Rd., permission io irap beaver on his property during the Minrtesota trappfng seasan with the stipul�tion that Mr. Taylor provides the police department with the name, address and telephone number af the persan actuaily doing the tr�pping. CITY 0[ MENDOTA }iET.GHTS f�91,P10 December 2, 1985 T0: Mayor, City Council and City AdministraL-or I�IZOM: Klayton I�ckles Civil Engineer SUBJECT: Sewer, Water, Str��ts Copperfield Subdivision (Tandem) ; Job No. 8517 Improvement No. 85, Project No. 4 � TiVTRODUCTION: The following constitutes a feasibility report for the proposed con— strucLion of sanitary sewer, storm sewer, watermain, street and walkway improvements to serve Phase I of the Copperfield subdivision. The proposed subdivision consists of 137 acres, 37 of which lie in the area platted for I'hase I. The 137 acre site is located south of the Dodge Nature Center and east of Huber Drive and west of llelaware Avenue. Phase I consists of SS lots. In general serving utilities to the Copperfield Phase I development I area can be accomplished without extensions or additions to the existing trunk systems. Preliminary surveys indicate that the soils are generally good for construction. Also the terrain is well suited for construction and development. For these reasons the cost of construction of utilities should be quite reasonable. UTILITIFS There are existing sewer, water and storm sewer utilities along Huber Drive that will be used to service the Copperfield subdivision. Tandem Corporation has agreed to do the overall site grading, but the City will construct the utilities. The attached drawin�s show the proposed layout of the streets and utilities. The street layout is such that the Dodge Nature Center and [Jeed properties can easily match the Copperfield configuration when they develop. The street design will consist of a 30 foot wide 7 ton driving surface and concrete curb and gutter. The overall street costs with overhead, fees and contingencies will be approximately $187,500. Sanitar.y sewers will consist of 8 inch rnains with 4 inch services. The total cost of the sanitary sewers will be approximately $163,350. The watermain will be 8 inch and 6 inch ductile Iron Pipe with 1 inch copper services. The overall cost for watermain construction w-ill be ap— proximately �172,SU0. Storm sewer construction will be minimal on the Copperfield development because storm sewer exists on Iiuber Drive and there are ponding areas on the plat to discharge into. The only extra ordinary feature of the storm sewer �-, is the oversizing required for a pipe that picks up the water from the Weed and htontgomery properties. This amounts to an.extra $15,000 but the Tandem Corporation has agreed Lo cover this extra cost. The overall cost of storm sewer construction will be approximat�ly $89,250. This project is unique in that the developer has requested concrete walkways be constructed along some of tl�e sL-reeLs in the devetopment. Al.so gravel wa].king paths will be construcCed along L-he ponds. The gravel walk wi11, extend from Huber Drive near i3lock 6 �o liuber Dri.ve acr.oss from I)ecorah Lane. This �.�ill pass through the propos�d }'h�se II developmenL which is currently owned by OPUS Corporation; th�refore an easement will b� required. The cost of the walkways including over.head, fees and con�ingencies will be approximately $24,100. COST SU�9MARY Streets lJat�r Sanitary Sewer Storm Sewer IJalkways ESTIMATED TOTAL ASSESShtENTS $187,500 172,500 163,350 89,250 24,100 �636,700 'rt The two parcels making up Phase I and Phase II alr.eady have assessments due f or the construction of Huber Drive and the accompanying utilities. Phase I has a much greater proportion of the total assessments but it is a smaller parcel. Therefore the Tandem Cor.poration would like to split the previous assessments evenly amongest all L-he lots of Phase I and Phase II. The total assessments due in 1985 is �135,863, or about $763.00 per lot. The assessments for the new utilities constructed as part of the project will be about $11,577.00 per lot for the 55 lots. Thus the total assess— ments due per lot would be $12,340. :�s_ ' -;. ASSESSMENT SUh1�lARY (PHASE I) Adjusted Current Assessments � 763.00 Proposed Additional Assessments 11,577.00 Total Assessment/per lot �12,340.00 Because the Tandem Corporation has agreed to costs to the Copperfield subdivision there will be assessment hearing. AREA IMPACT assess 100% of the project no need to hold an This section addresses the effects Che Copperfield s.ubdivision w-ill have on the surrounding area and how the pr.oposed design takes these factors into account. . The development has three roads terminating at the plat boundaries.. -� One at th.e Weed property, one at the Dodge Nature Center pr.oper.ty and one at the boundry between Phase I and II. IL is desirable to have the road and utilities constructed right up to or even� pasL the'� pr�oper�y buuriclary but c.o do so requires the consent of the owner and a consL-ruc�ion easemen�. The -� reactions to this so far are mixed. Dodge nature Center is against any utility construcLion on their property, the OPUS Corporation has no objec- tions and negotiations regarding the �deed property have yet to be made. Extending the utilities to or beyond the lJeed proper.ty would faciliL-ate l-.he drainage and make Lutur.e developm�nL easier.. Phase I oL the CopperLield subdivision has portions of two large ponds located on the property. To protect the shoreline area of the ponds, scenic easements are proposed. These ��il.l insure Lhat the shoreline and natural foilage is left intacL because const-ruction and ].andscaping activities in the easemenC will. be prohibi.ted. �'he sCorm sewer system wil]. empLy inro t.h� ponds but there will be no adverse affect on the levelbecause the ponds have an outlet into the Criendly fiills P1arsh, which in turn has an outlet Co the Ptinnesoia River. As Che construction of this subdivision progresses, it wi11 have a noteable impact on traffic patterns and volumes. It is highly recommended that the Mendota f�eights Road/Huber Drive connection be completed as soon as possible. If the connection is not completed the Copperfield residents will have to use Cheyenne and Decorah streets to get access to Dodd Road. Once the connection is made and the bridge is constructed for Delaware across I- 494 the development will have easy access to all the major. collector streets and traffic volumes will be acceptable. TIh1E TABLr - If the proposed project is ordered to be constructed the tentative timetable is as follows: ' 1. Obtain soil boring in December. 2. Complete Plans and Specifications in January. 3. Move in grading equipment in March, before spring weight limits go into effect. 4. Award the Construction Contract in March. S. Complete grading and begin construction in April. 6. Finish construction in July. RECOMMENDATION: On the basis for the request for public utilities to serve the proposed Copperfield subdivision, it is possible and feasible to do so using the method shown on the attached preliminary design drawings, and staff recom- mends the construction of the project. ACTION REQUIRED: If Council concurs with the staff recommendation, Council should pass a motion adopting Resolution No. 85- , RESOLUTIUN ACCEPTING ENGINEFR'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANTIARY SEWERS, �JAT�R, STORM SEWERS, STREETS, AND WALKLdAY CONSTRUCTION TO SERVC Tf{� COPPERFIELD SUBDIVISION (IMPROVEMENT N0. 85, PROJECT N0. 4) � Ciey of Mendota Heights --� - Dakota County, Minnesota ______ _ _._ � RL'SOLUTION N0. 85- RESOLUTION ACCL'YTING I;NGINti,�R' S REPORT, ORDERING IMPROVI;h1�NT ANU PREPARA`l'ION OF PLANS AND SI'CCIFICATIONS FOR SANITARY SEIJERS, tJATER, S`fORP1 Sf�lti'L'llS, STRI;ETS, AND WALKWAY CONSTRUCTION TO SERVT TH� COPPL'RFIELD SUi3DIVISIUN (IMPROVFMENT N0. 85, PROJECT N0. 4) WIII�REAS, the City rngineering has submitted his rport to the City Council with respecL- to the pr.oposed construction of the following improvements L-o serve CopperEield Subdivi_sion, to-wit: The construction of an extension to the City's sanitary sewer sysLem, including appurtenances and incidentals thereto, and the acquisition of easernents, and the reconstruction where necessary of streeLs and ease- ments in L-he area hereinafter more particular.ly described. The construction of an extension to the City's water distribution � system including appurtenances and incidentals thereto, and the acqui- sition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquistion of easements, in and f or. the area hereinafter more particularly described. The construction of sL-reet improvements consisting of the acquisi- tion of easemenLs and the grading, stabilization, drainage and bitumi- .�• nous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. _ The constr.uction of walkway improvements including appurtenances incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. [JHEREAS, Tandem Corporation, the owner of the property, has heretofore in writing petitioned the City Council of the City of Mendota Heights request- ing the above described improvements and in said petition requested that the entire cost of said improvements be assessed against said property; and tdHEREAS, the City Engineer reported that the proposed improvement and con- struction thereof were feasible and desirable arid further reported on the proposed costs of said improvements and construction thereof; and WFIEREAS, the area proposed to be assessed for said improvemenrs is situated within the City of hlendota Heights in Dakota County, Minnesota and is more particularly described as follows: ` Copperfield Subdivision, Mendota Heights, Dakota County, Minnesota �� , NOW THEREFORE, IT IS HER��Y RESOLVED by the�City Council of the�Gity of �9endota Heights, hlinnesota as follows: l. That Lhe r�port ot- said City Lngineer be and is hereby received. 2. That it is advisabl�, feasible, expedienL and necessary that Che Ci.ty of Mendota I�eights construcL Lhe above described improvements, and iL is hereby ordered Lhat said improvement be made. 3. That the City Fngineer be and he is hereby auLhorized and directed to prepare plans and specifications for said improvement. 4. That said improvement shall hereatter be known and designated as Improvement No. 85, Project No. 4. Adopted by the City Council of the City of MendoLa Heights this 17th day of December, 1985. ATTEST : Kathleen M. Swanson City Clerk n CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor .h I� CITY OF MENDOTA HEIGHTS MEMO December 2, 1985 T0: Mayor, City Council and City A i(ni�at�r � FROM: James E. Danielson Public Works Director SUBJECT: Copperfield Final Plat - Tandem Corporation Case No. 85-23 DISCUSSION: FINAL PLAT - Tandem has submitted their final plat for approval (attached). Staff has reviewed the plat and has some corrections/changes for them to make. Usually all these corrections are completed before the final plat is put before the Council for approval, however Tandem is closing on the property on Friday and one of the stipulations in their closing is that final plat approval has been made. Staff's corrections are not major therefore we recommend Council grant them final plat approval subject to the following: 1. The drainage easement on Lots 6& 7, Block 2, be increased to make the easement match their grading plan. � 2. Outot B be made part of Lot 16, Block 2. 3. Final arrangements for a turn around be made on Bent Tree Lane. The option for f uture extension of the road northerly should remain (Dodge Nature Center letter attached). 4. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. ASSESSMENTS When Delaware Crossing was put in, Huber Drive was constructed through the northerly 44.5 acre piece of Rauenhourst (now OPUS) land. Assessments for sewer, water and streets are calculated on a front foot basis and because the large tract of land owned by OPUS was divided into two pieces with the smaller northerly piece having the most street frontage, it got the most assessment burden. OPUS is now selling their land to Tandem in phases with the northerly piece, that has the lion's share of the assessments, being sold first. The utilities in Huber Drive benefit the entire tract and OPUS has requested that they be spread evenly over that entire tract before sale to Tandem (see attached request). This is not an unusual request, normally however the developer owns or is buying the entire piece and then the City spreads existing assessments among the new platted lots. We are proposing to do that this time also, but to include the lots over both m G pieces of land, some to be platted at this time as Copperfield and some to remain to be plqtted in later phases. The Copper.field parcel has $110,466.61 of assessments due while the OPU,S parcel-only has $25,39.6.28 , _ due. If the total $135,862.89 is split evenly amongst the 178 lots proposed for the two parcels, then the total assessment due will be $763.27 per lot. The Copperfield piece will have $41,980.11 of assessments on the parcel while the OPUS parcel will have $93,882.78 due. RECOMMENDATION: Staff recommends that Council approve the final Copperfield plat sub- ject to the above named conditions and to authorize staff to redistribute assessments as stated. ACTION REQUIRED: If Council wishes to implement the staff recommendation they should pass a motion adopting Resolution No. 85- , RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD SUBDIVISION. .;: � C Page No. 2411 December 3, 1985 CITY OF MENDOTA HEIGHTS UAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 3, 1985 Pursuant to due call and notice thereof, the regular meeting of the City Council, City o£ Mendota Heights, was held at 6:30 o'clock P.M. at City Ha11 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 6:30 o'clock P.M. The £ollowi members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann and Witt. Councilmember Cummins arrived at 7:10 P.M. CITY HALL Members of the City Hall Committee, along with Bob Pierce and Don Whiski from Lindberg-Pierce Architect were present to discuss the committee's recommendations with the Council. Chairperson Stan Guste£son stated that the committee members were present to determine whether the committee is headed � in the right direction. He atated that the group feels the City £acilities are inadequate. He review facility needs and informed Council of the unanimous committee recommendation to build a City Hall. Mr. Gustafson also explained the site review proces informing Council that two o£ the sitea are recommended for final conaideration: property locate at the end of South Plaze Drive within the Mn/DOT right-o£-way for future T.H. 149; and the Civic Cent site at T.H. 110 and Lexington Avenue. Mr. Pierce noted that the Civic Center site has an advantage over the other site because of its visibility and because it is already City-owned. With regard to availability o£ the South Plaza Drive site, Administrator Frazell in£ormed Council that as soon Mn/DOT makes a determination to upgrade T.H. 149 on the existing alignment they will sell the easement: they must negotiate with th� underlying fee owner an i£ he does not wish to acquire the land, Mn/DOT woul negotiate with the City for fair markPt value. Committee member Evelyn Fischer felt that the Civic Center site holds the most possibilities in that it contains 17 acres and has greater potential for futu development. Chairperaon Gustafaon £elt that the Ci• must look at the "bottom line" - the City owna the Civic Center site and i£ the soil boringa on the ait� indicate it is appropriate, it would be his personal recommendation. I£ aoil borings indicate the site i1 unsuitable or that it would cost a great deal of mon� to make it buildable, the City should then acquire tt 11 Page No. 2412 December 3, 1985 South Plaza Drive site. Councilmember Blesener stated that she prefers the Civic Center site and could envision the City being entangled in lengthy negotiations over the South Plaz, Drive site. Mayor Lockwood pointed out that there is very good access to the Civic Center site. RECESS Mayor Lockwood called a recess at 7:30 P.M. TY�e m�eting was reconvened at 7:42 P.M. AGENDA ADOPTION Councilmember Witt moved adoption of the agenda £or ' the meeting including additional items contained in the add-on agenda and discussion on consideration of retention of bond counsel for the City. � Councilmember Blesener seconded the motion. Ayes: S Nays: O CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, excluding Item e, Acknowledgement of Planning Commission action on Ophoven Variance, including authorization for execution of all necessary documents contained therein. a. Acknowledgement of Fire Department monthly report for October. b. Acknowledgement of Code Enforcement monthly report for November. � c. Acknowledgement of a letter from Visitation Monastery regarding watermain assessmenta. d. Acknowledgement of the November 26th Planning Commiasion meeting. e. Acknowledgement of the minutes o£ the November 6t1 and 13th NDC-4 meetings. ` £. Approval o£ a request to allow beaver trapping at 1297 Sylvandale Road with the stipulation that the. Police Department is provided with information on the person who will do the trapping. g. Approval of the list of claims dated December 3, 1985 and totalling 5150,747.68. � Fage No. 2413 December 3, 1985 h. Approval o£ the list of contractor licensea, granting licenses to: Creative Concrete Friedges Landscaping M.A. Mortensen Company �Hans Hagen Homes, Inc. • Unique Indoor Comfort Inc. Dronen's Heating and Air Conditioning Ayes: 5 Nays: O OPHOVEN VARIANCE Ayes: S Nays: O PUBLIC COMMENTS � 1 Masonry Contractor License Excavating License General Contractor License General Contractor License Heating & Air Conditioning License Heating & Air Conditioning License Councilmember Hartmann seconded the motion. Councilmember Blesener expressed concern over potential costs which might be incurred by the City i£'�;.•� � Council approves the November 26th Planning . Commission recommendation to direct staff to work with:' the Ophoven's on a solution to access and utility . servicing problems. v: Y Councilmember Blesener moved to direct staff to work with the Ophovens and other property owners to aecure a Mendota Heights access to the Ophoven property on n T.H. 13 on the basis the engineering costs do not exceed the amount of engineering retainer included . within the Planning budget. ' Councilmember Witt seconded the motion. :� Mr. Bernard Friel stated that at the last meeting �''= Council edopted a resolution giving preliminary ; approval to S10 million in hausing revenue bond financing for the Riley pro�ect and Council indicated that protective language would be ac3ded to the preliminary resolution to be sure that the City's • position is protected if the bonds are not iesued. He stated that the papers were filed by the City with the Housing Finance Agency on November 21st, however when he asked for a copy he was informed it had not yet been prepared. Attorney Hart responded that the papers filed with the M.H.F.A. included notification to the agency that the resolution was a form resolution and that there would be more clarifying language added to the final copy of the resolution. He informed Council that the amended copy is being prepared by Mr. Riley's bond counsel. Councilmember Cummins felt that the submission of the � 0 Page No. 2414 December 3, 1985 unamended resolution points to the need £or the City. to retain its own bond counsel. CITIZEN=�RE�tUESTS The Council acknowledged a memo from the City Administrator relative to a request from Mr. James Losleben to purchase a set of sewer bill mailing labels. Mr. Losleben, present for the discussion, ` stated that he feels very strongly about the southeast area, would like to communicate a number of things to the community and is requeating the mailing labels £or this purpose. .• Administrator Frazell stated that while the list of sewer accounts ia public data, other individuals could make similar requesta for other purposes in the future, and he believes requesta to provide labela should be approved by Council. .� After discussion, Councilmember Witt moved approval of� , the request to purchase sewer list mailing labels. Councilmember Hartmann seconded the motion. Ayea: 5 Nays: O HEALTH RESOURCES Mayor Lockwood opened the meeting for the purpose of continued public hearing on an application £rom Hea. Resources for industrial revenue £inancing. Financial- Advisor Shaughnesay informed Council that the applicant has not been able to resolve facility location problems and will not proceed at thia time. �� Ayes : 5=- Nays : O'`• YORKTON FEASIBILITY HEARING Councilmember Blesener moved that the hearing be closed at 8:10:P.M. � - Councilmember Witt seconded the motion. :i•, �- Mayor Lockwood opened the meeting for'the purpose of s public hesring on proposed improvements to serve the Yorkton Centre Pointe South subdivision. Public Works Director Danielson described the pro�ect � area and proposed improvements. He explained that only two property owners will be affected by the improvements, Mr. i.arry Lee and GNB, and that the estimated cost is proposed to be distributed in the following manner: Yorkton, 5553,OC�0, Mn/DOT, 220,000, GNB, �26,000 and Tax Increment District, �436,000. Mayor Lockwood asked for questions end cr�mments from the audience. •:�:, � 1 Page No. 2415 December 3, 1985 There was discussion over the proposed pro�ect and over Lemay Lake and Augusta Lake drainage problems. Mr. Larry Lee, o£ Yorkton Development, stated that the holding pond included in the pro�ect is designed to hold the runoff water from Centre Pointe South end acknowledged that the property might be assessed at such time as Auguata/Lemey Lake drainage improvementa are made. Administrator Frazell and Financial Advisor Shaughnessy explained tax increment £inancing, and described tax increment district pro�ects. There being no questions or comments from the audience, Councilmember Blesener moved that the hearing be closed at 8:38 P.M. Councilmember Witt seconded the motion. Ayes: 5 . " ' Nays: O . Mayor Lockwood moved adoption of Resolution No. 85-94, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, STREET AND LIGHTING IMPROVEMENTS TO •�.-- SERVE YORKTON CENTRE POINTE SOUTH SUBDIVISION AND ADJACENT AREAS CIMPROVEMENT N0. 84, FRUJECT NO. 4)." Councilmember Witt seconded the motion. Ayes: 5 Nays: O ALPHA ENVIRONMENT The Council acknowledged a memo from Financial Advisor INDUSTRIAL DEVELOPMENT Sheughnegay intorming that conatruction of the BONDS conference center will be delayed and that Mr. Larry Lee has asked that 53,500,000 0£ the authorized . 56,400,000 revenue bond issue be allotted for .. construction of an office building in Centre Pointe South. Mr. Shaughnessy informed Council that the bond _ counsel working on the issue feels that because o£ thE , revised use of the building a new hearing should be conducted and recommended establishing a public hearing on December 17th. Mr. Lee explained the circumstances on which he based his determination to deley conference center �� construction to 1986 and stated that he is requesting that 53.5 million be allocated to construct a 45,000 square foot office building. After discussion, Councilmember Blesener moved adoption of Resolution No. 85-95, "RESOLUTION RATIFYING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT," the public hearing to be conducted Page No ., 2416 December 3, 1985 on December 17th. Councilmember Cummins seconded the motion. Ayea: S., Nays : 0.�� WAREHOUSE SALE REOUEST Mr. Dick Adrian, representing Jean-Claude, was present to request approval to conduct an on-going weekend and evening, after 5:00 P.M., warehouse sale at their facility located in the Pilot Knob Service Center building. Mr. Adrian expleined that Jean-Claude is a mail order company, that they would like to operete a � retail outlet. He stated that this firm would like to operate a warehouse�sale as a test to determine whether a retail facility would have a market. Membera of the Council pointed out that retail sales are specifically excluded in the industrial district and that t,hey do not wish to set a precedent by deviating £rom City policy. It was noted that a particular concern is that o£ parking. Mr. Adrian stated that his firm is not interested in establishing a retail operation from their current location, they only wish to test the market for a short period. He asked whether Council would appro• four warehouse sales a year, one weekend a month fo four months. After discussion, Councilmember Cummins moved to allow J�an-Claude to conduct £our weekend sales, limited to Saturdays and Sundays, one sale each during the months of January through April, 1986, with the same restrictions and conditions which have been applied to Schaak warehouse sales in the past. Councilmember Witt seconded the motion. Ayes . 5" Nays: O BOND COUNSEL, Councilmember Cummins stated that he was disappointed MENDOTA HEIGHTS with the outcome of the November 19th reconsideration ASSOCIATES PROJECT of the Mendota Heights Associstes housing revenue financing discussion. He felt that the City is ' getting into a legal morass on the bending matter. He stated that at past meetings h� has pointed out legal and technical problems over the bonding process and is now concerned over the submission of the unemended resolution to the M.H.F.A. He pointed out that Council has depended on the bond counsel provided by the developer and has £ailed to recognize that they are representing the developer. He felt that Council.• should� give'serious consideration to�retaining its bond counsel to review whet ha's been done on the _�" bonding,matter and to advise Council of its rights Ayes: 4 Nays: 1 Lockwood Page No. 2417 December 3, 1985 with respect to the City's rights to the bond issue. Mayor Lockwood expressed concern over potential costs and asked whether the costs incurred could be charged against the bonding pro�ect. Attorney Hart responded that payment o£ the incurred costs by the developer can be a consideration of approval of the bonds. Councilmember Blesener stated that it is her understanding that final approval of the bond issue is contingent upon approval of final plans and assured rezoning: it was her opinion that the City must go through ita normal procedure of review by the Planning Commission and referral to Council before Council can give any opinion or approval or disapproval on any development plan ar rezoning. She felt that Council should not be in a position to consider final bonding until the normal procedure is completed. Councilmember Cummins stated that i£ the bonds are issued and there are insufficient Council votes on the rezoning, it might damage the City's future bonding ability. He felt it advisable to get a formal opinion�•�=: before any discussion on final bond issuance. After further discussion, Councilmember Cummins moved that staf£ be directed to retain bond counsel to review all actions taken by the City and the developer with regard to the Mendota Heights Associates bond issue and that the bond counsel advise the Council as to past and future actione on a bond issue, and on the basis th�t such counsel will not be retained unless assurance is given that en opinion will be available to Council before December 17th. Councilmember Blesener aeconded the motion. ' Councilmember Blesener pointed out thet four votes are necessary to approve rezonings and that such votes are not forthcoming. Mayor Lockwood steted he voted egainst the motion because if at the next meeting the developer does not have a pro�ect plan that four Council members feel is a pro�ect the Council could ultimetely accept, he will not be interested in even discussing final approval of the bonds. UTILITY CONNECTION The Council acknowledged and discussed a memo from the Public Works Director relative to a request from Bernard Friel for connection to the City's utility . services at the end of Pueble Drive to serve a new home he plans to construct. Mr. Friel, present for the discussion, stated that he has no ob�ection to the � n` Page No. 2418 December 3, 1985 connection charge or th�e"manner in which the charge �� proposed to be structured. .4 �. Councilmember Witt moved to authorize issuance of sewer and water permits as recommended, for a net � connection charge of �2,3.47.16. Councilmember Cummins seconded the motion. Ayes: S Nays: O COMPREHENSIVE PLAN The Council acknowledged a memo from the City . Administrator along with an addendum to the AMENDMENTS Comprehensive Plan £or the southesst area and amendment to the comprehensive sewer plen. Councilmember Cummins expressed concern over aubmiasion of the in£ormation to the Metropoliten . Council before the comprehensive park study is •' completed and discussed. Attorney Hart stated that by submission of the documents to the Metropolitan Council nothing new is being done, aubmiasion would �ust be implementing steps taken by the Council in adopting the comprehensive plan amendments. -•` � Administrator Frazell informed Council that the Metropolitan Council is currently updating its Metropolitan Development Guide. Unless the amendments are aubmitted prior to completion of the Guide updates, much of the southesst area would fall outside of an area in which sewer permits could be issued because in its plan currently on £ile with the Metropolitan Council the City indicates that there would be no sewer available to the area until after 1990. . • Councilmember Witt moved approval of transmittal of the Addendum to the Comprehensive Plan for the Southeast Area to the Metropolitan Council. Mayor Lockwood aeconded the motion. Ayes: 4 Nays: 1 Cummins Councilmember Witt moved to adopt the amended Sewer Plan and transmit it to the Metro�,olitan Council. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: O SOUTHEAST AREA PLAN The Council acknowledged and discussed a proposed AMENDMENT STATEMENT Council statement on Southeast Area amendments prepared by the City Administrator and�pr-oposed to be printed.;�and,�distributed with the City newaletter. Mayor Loc�kw.00d and Councilmember Cummins suggested a .a_ number of changes to the. document. � Page No. 2419 December 3, 1985 Councilmember Cummins felt that if the statement is to be an educational item it would be good to also present the statement Mr. Losleben intends to diatribute. Mr. Losleben atated thet he would likz to respond to the Council statement in the same issue of the newsl�etter, and agreed with the Mayor's request that he aubmit his statement to the City Administrator to be sure there are no inadvertent errors in the statement. Councilmember Blesener expressed concern that whet the Council is trying to do is to disseminste a statement of fects -- the poaition Mr. Losleben is preaenting comes from a totally dif£erent angle and is an opinion position. Administrator Frazell stated that if Council approves the inclusion o£ Mr. Losleben's statement, the newsletter should state that this is an unusual case so that others do not feel they have the right to request similar treatment when they disagree with a Council position. Councilmember Blesener moved to adopt the City Council statement and ita diatribution with the Heights •.•. Hilites. ' Councilmember Witt seconded the motion. the motion Councilmember Cummins moved to amend^to provide that the newsletter will include a printed statement by James Losleben which will be delivered to the City Administrator by December 6th. Councilmember Hartmann seconded the motion. Vote an Amendment: Ayes: 4 Nays: 1 Blesener Vote on Original Motion: Ayes: S Neys: O RECESS Mayor Lockwood called a recess at 10:50 P.M. The meeting was reconvened at 11:00 P.M. � COPPERFIELD FINAL Mr. Jim Ostensen, from Tandem Corporation, was present PLAT to request approval of the final plat for Copperfield and informed Council that the four conditions for approval stipulated in the Public Works Director's memo dated December 2, 1985 are 8cceptable to his £irm. Public Worka Director Danielson informed Council on a request from OPUS that existing asseasments againat their land, which is being purchased by Tandem, be evenly distributed over the entire O.PUS property. Page No. 2420 December 3, 1985 Councilmember Witt moved adoption of Resolution No. 85-96, "RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD," sub�ect to conditions stipulated in the . Public Works Director's memo, along with epproval of an even distribution of existing assesaments against � the OPUS property. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: O BUILDING CODE Fire Marshal P�ul Kaiser was present to review and AMENDMENT answer queationa re�arding hia memo recommending adoption of Appendix E of the Uni£orm Building Code which requires the sprinkling of strucures including commercisl, industrisl and a.partment structures. A£ter discussion, Mayor Lockwood moved adoption of . Ordinance No. 222, "AN ORDINANCE ADOPTING APPENDIX E , . OF UNIFORM BUILDING CODE." Councilmember Witt seconded the motion. Ayes: 5 Nays: O ..:;�>, FIRE DEPARTMENT The Council acknowledged a letter from Fire Chief Leroy Noack in resignation £rom his position of Fire Chief, effective on December lst, along with a memo from the City Administrator regarding appointment o£ a replacement. Administrator Frazell recommended that Assistent Fire Chief Maczko be appointed Acting Fire Chief and that Captain Bill Lerbs be appointed Acting Asaiatant Fire Chi�f. Councilmember Blesener moved to accept the resignation ' o£ Leroy Noack from the position of Fire Chief . ��'� CouncilmEmber Hartmann seconded the motion. Ayes: 5 Nays: O Councilmember Hartmann moved to eppoint John Maczko as Acting Fire Chief and Bill Lerbs as Acting Assistant E'ire Chief, effective December 1, 1985, at annual salaries of 54,087 and 52,249 respectively. Councilmember Witt seconded the motion. � Ayes: 5 � Nays: O AMBULANCE SERVICE Divine Redeemer Ambulance Director David Miller was present to answer Council questions regarding his request to house an embulance at the City's Fire Station. Acting Fire Chief Maczko, alsd present £or the discussiori, infarmed Council that the ambulance service has egreed that ambulance personnel will follo.w the�sama rules and� regulations as fire personnel, will supply their own bunks, equipment and e `� Ayea: 5 Nays: O PERSONNEL CODE Ayes: 5 Nays: O STREET LIGHT POLICY Pege No. 2421 December 3, 1985 cleaning supplies and will support hest end electrical costs. Mr. Miller stated that the ambulance service is closing their operation in Apple Valley, Lakeville and Farmington and is looking for a location to house an advanced life support rig and two paramedics. He agreed with the Fire Department's recommendation for a one-year trial period and stated that he would do whatever is necessary to resolve the question of eny financial burden on the City. After discussion, Councilmember Cummins directed staff to enter into en appropriat� one-year agreement with the Divine Redeemer Ambulance Service f'or the housing of en advanced life support rig and paramedics at the fire station. Councilmember Blesener sec�nded the motion. Administrator Frazell reviewed provisio.ns to the City's personnel code and answered Council questions. CouncilmEmber Witt moved to direct thE Administrator to prepare final copy of the personnel code for - adoption on December 17th. Councilmember Hartmann seconded the motion. Discussion on s street lighting policy was tabled to December 17th. . BLOCK GRANT Councilmember Cummins moved adoption of Resolution No. 85-98, "RESOLUTION REOUESTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR NORTH END STREET IMPROVEMENTS," anci authorizing submission of the block grant proposal to the Dakota County H.R.A. Mayor Lockwood aeconded the motion. Ayes: 5 Nays: O ) LIOUOR ORDINANCE The Council acknowledged end discussed a memo from the City Clerk regarding a Marriott Corporation development proposal and the �ossible need for liquor ordinance amendments. It was Council concensus that staff be directed to prepare a draft ordinance emendment. PERSONNEL Ayes: 5 � Nays: O ENGINEERING CITY HALL Ayes: 5 Nays: O MISCELLANEOUS Pege No. 2422 December 3, 1985 Councilmember Cummina moved that David Sorby be given probationary appointment as Public Works Maintenance Worker at the rate of 58.15 per hour. Councilmember Witt seconded the motion. The.Council acknowledged and concurred in a recommendation from Public Works Director Danielson that a summer intern be hired in 1986. Councilmember Hartmann moved to suthorize soil testing on the Civic C�nter site for an amount not to exceed 52,500. Councilmember Witt aeconded the motion. . The Council acknowledged and discussed a Leaque of Minnesota Cities Action Alert snd memo from the City Administrator regarding tax exempt financing. As the reault of the discuegion, staf£ wes directed to senci letters to the City's legislators emphesizing the "4r City's concerns identified in the Administrator's memo. EOUIPMENT Mayor Lockwood moved that the Engineering Department be authorized to purchase a� DIAZIT 6150 Blue Printing Machine from Albinson's for a cost of 52,000. Councilmember Fiartmann seconded the motion. Ayes: 5 Nays: O MOTOR VEHICLE ORDINANCE Councilmember Witt moved adoption of Resolution No. '.- 85-97, "RESOLUTION REGARDING PUBLICATION OF SUMMARY OF AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC." Councilmember Hartmann seconded the motion. Ayes: 5 Nays: O MISCELLANEOUS � Councilmember Blesener suggested that the Council consider appointing Commission Chairpersons. It was ' Council concensus that the Administretor notify the Commissions that Council is conaidering the suggestion. It was the concensus of the Council that the December 17th meeting begin at 7:10 P.M. for discussion of the Administrator's salary for 1986. � Page No. 2423" , .' December 3, 1985 " ADJOURN-� There being no £urther businesa to come before�the Council, Councilmember Hartmann moved that t�he meeting be ad�ourned. `. Councilmember Witt secanded the motion. Ayee: 5 Nays: O TIME OF ADJOURNMENT: 12:34 o'clock A.M. ATTEST: ------------------------------------ Robert G. Lockwood Mayor 9 ------------------------------------ Kathleen M. Swanson City Clerk � e�a \ CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNF.SOTA RESOLUTION N0. 85- RESOLUTION RATIFYING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJ�CT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Development Act, (the "Act"), gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and (b) The City Council of the City of Mendota Heights, Minnesota (the "City"), has received from 0. Larry Lee a request that the proposed Alpha Environ- ments industrial development revenue bond issue approved by the Council in the amount of $6,400,000 be downsized to $3,500,000 and that the proceeds be used to construct an office facility; Mr. Lee will form a partnership organized under the laws of the State of Minnesota (the "Company") to undertake the project; and (c) Before proceeding with consideration of the request of the Company and the revised project it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; and (d) The City Treasurer has arranged for publication of a notice of public hearing on such proposal in a manner necessary to give sufficient notice of a public hearing on December 17, 1985. `� NOW, TH�REFORE BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota that the actions of the City Treasurer and City Clerk causing . notice of the hearing to be given one publication in the official newspaper and also in a newspaper of general circulation available in the City, not less than _ 15 days nor more than 30 days prior to the date fixed for the hearing is hereby � ratified. A form of the notice is attached hereto. Adopted by the City Council of the City of Mendota Heights this 3rd day of December, 1985. City Council City of Mendota Heights By ATTEST: Kathleen M. Swanson, City Clerk Robert G. Lockwood, Mayor ,< �r;: N4TICE OF PUBLZC HEARING �N A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT tlotice is hereby given that the City Council of th� City of Mendo�a Heights, Minnesota will meet at City Hall, 750 Sauth Flaza Drive, Mendota Heights at 7:30 o'clock Q.m. . an December 17, 1985, to consider the proposal of a Minnesota partnership to be farmed by Larry Lee (the "Company") that the City assist in �inancing a project cansisting of the acquisi�ion o� land legally described as the SE ; of Section 27, Tawnshi� 28N, Range 23, Dakota County, Minnesota and canstruction thereon of an approYimately �5,000 sq. �t. . office building by the zssuance of industrial development �..< revenue bonds. ihe maximum aggregate estimated principal amaunt of _ bonds or ather obliga�ions to be issued to finance this project is 53,500,000. The project will be initially owned by the Company and ieased to various tenants. The bonds or other abligatians if and when issued will nat canstitute a charge, lien ar encumbrance upon any property of the Ci�y excep� the project and such bonds or obligations will not be a charge against the City's general credit or taxing pocaers bu� �vill be payable from sums�to be paid pursuant to a revenue agreement. Infarma�ion regarding the praject-is available.for public inspectian from 8:00 o'clock a.m. to 4:30 a'clack p.m.,�, Monday thraugn Friday, at the Office af the City Clerk. »C� At the time and place fixed for �he Public Hearing, the City Council wi11 give all persons who appear at the hearing or submit written camrnents an opportunity �o express their views with respect to the proposal. Dated this 25�h day of November, 1985. (BY ORDER OF THE CITY COUNCIL) By /s/ Ka�hleen Swanson City Clerk Q� E. . �, „ . . -. , CITY OF MENDOTA HEIGHTS MEMO December 3, 19R5 T0: Mayor and City Council FROM: Kevin D�Fr��ll� City�Administrator SUBJECT: Add-on Agenda for December 3rd Additional information is provided for Item 8a, and four items are recommended to be added to the agenda. 3. Agenda Adoption. It is recommended that the agenda be adopted with the addition of Items 8e�, 80, 8p, and 8q. 8a. Reauest of Yorkton, Ltd. for RedesiQnation of IDB Use. Attached is the resolution Council should pass to ratify the re-use hearing set for December 17th. 8ez. Tandem Final Plat. Staff originally declined to place this item on the agenda because the plat as submitted needed a few corrections, and the Metropolitan Council had not yet acted on our Comprehensive Plan amendments. However, as discussed in the attached � memo, Tandem is closing on Friday, and needs final plat approval by that time. Therefore, staff is recommending that Council give that approval, subject to the four conditions outlined in Jim's attached memo. 80. Authorization for City Hall Soil Borings. At the la'st meeting, Council approved soil borings on the Civic Center site, not to exceed $2,000. At this writing, we have only one proposed, from Twin City Testing, for $2,450. The boring can be discussed as part of the 6:30 workshop with Che City Hall Committee, but it may be necessary for Council to increase the authorized amount as part of its regular agenda. 8p. LMC Action Alert on Tax-Ex�npt Bonding Authority. See attached. 8q. 12equest to Purchase Blue Print Machine. ` See attached. s ' ;' CI'SX OF MENDOTA HEIGHTS MEMO Dec�mber 3, 1985 /'� .-, �- TQ; Mayor, City Council and City Adm"in'�tra�or � � FROM: James E. Danielsan Public Works Director SUBJECT: Blue Print Machine far Engineering Enterprise DISCUSSION: Engineering's blue print machine was serviced ].ast year and the service man told us at that time that its days were numbered, Repair parts for the model we have are non-existant and the machine was ve�y old needing several new parts. We therefore budgeted $4,000 for a new machine �o be purchased in 1986. bids; That old machine has just died! Gu�C has contacted two suppliers for 1. Albinson's of£ered to sel us a DTAZIT 6150 for $2,400 incZuding �reight and delivery. _ 2. Copy Equipment Inc. {��I} ��fered a usec3 macha.ne af the same model for $1,800 (They were unable to beat Albinsan's price on a ., new machine}. • List price for the DIAZIT 615Q is�$2,595 plus freight and delivery. It is an extremely poor use of Guy's time having hi.m run back and forth �o a prin� shop. It is alsa unwise to spend repair maney to invastigate ii the existS.ng machine can be repaired, when there are real daubts as ta availability af repair parts. RECOMMENDRTION: Staff reccrmmends that Cauncil au�horize the purchase of a new blue �rint machine from Albinson's i.mmediately. ACTI{}N REQUIRED: If Council wishes ta i.mplement the staff r�commendation they should pass a motion authorizing staff to purchase a DIAZIT 6150 Blue Printing Machine from Albinson's in 1985. ~�'i �, 5 �� J�� w� �.. k�: �:: r �•: =;'•'Kr � .. �"' '�_.= .�h%:-= k-.—,. e„ Y"y.a�—r,:�+: �`t'1`+ � .. CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D. Fraz � City Admin' rato� SUBJECT: LMC Action Alert re: Tax Exempt Bonds INTRODUCTION December 3, 1985 �;; Attached is an Action Alert from the LMC regarding the impact of the �'�; House Ways and Means tax bill�on local government authority to issue tax -exempt debt obligations.. Wh�l-e you-may wish�to read the memos later at your ' � leisure, I wi11 attempt to tiighlight specific concerns for Mendota Heights. . , .n.�::�;. ,: .. � .. . . . . , . • DISCUSSION � " .� The Ways and Means bill subjects "nongovernmental" bonds to a new state- by-state per capita volume limit. The definition of "nongovernmental" is quite broad, including any bond issues where 10% or mo�re of the proceeds benef it an individual person or-business, or S% or more is loaned to a trade or business. By refer;eriee�;: the bill also inc.ludes as "nongovernmental" all bonds issued for the following purposes: � Mul-tifa.mily rental housing , . Some airport and port facilities Sewage and solid waste disposal facilities �' Municipal water facilities � _Single family housing (until 1988) Veterans' mortgage bonds Small issue IDB's (with sunset date eliminated) Student loan bonds Non-profit university and hospital bonds The per capita cap is, in essence, $150, meaning only $725M would be available in Minnesota for all the uses listed above. Obviously�issuers (State, City, school districts, etc. ) would be in a very competitive situation. The "nongovernmental" def inition would also apply as a generic label, regardless of whether the bond was general obligation, revenue, or tax increment. JANUARY 1, 1986 EFFECTIVE DATE Perhaps the most onerous aspect of the bill is its January 1, 1986 effective date. Assuming the House, Senate, and Administration were unable to agree on a tax- reform bill anytime soon, bond counsels would only be able to give a qualified opinion on the tax-exemption of municipal bonds for several months. - 2�- MULTIFAMILY HOUSING BONDS - APPLICATION TO THE RILEY PROJECT � . . Ironically, the bill may ease some of the restrictions that have concerned us with bonds on the Riley project. Such issues would remain tax-exempt if 25% (as �opposed to 20% now) of the units were reserved for those with 80% of the median income, or if 20% are reserved for those with 70% income. Presumably, these legislative restrictions would replace the IRS regulations that have con- cerned Mr. Riley. It also appears that multi-family housing bonds would receive a certain percent of the State's $150 per capita limit. Hopefully, by the December 17th meeting, staff will have more information and be able to outline options for Council consideration. OTHER PROVISIONS The Ways and Means bill contains other provisions too numerous to discuss in an add-on agenda item, but also of less direct concern to Mendota Heights. RECONIIvIENDATION • I would suggest that we send a letter to our legislators emphasizing the f o l l�ow�t�g .�- _ -`. � . • - 1. That bonds, either general obligation or revenue, issued for _ . •--... .. �,,� _. • traditianal puhlic purposes (i. e. , streets, se�oers, water systems, - sidewalks, etc.) should remain as "governmental" with full tax-exemption. Also, that the 10% test is simply not realistic for the modern industrial park. e 2. That tax increment bonds, particularly for projects in plans adopted �� -- p.rior to the effective date of the bill should retain their tax-exemption. 3. That any bill adopted should not have a retroactive effective date, but become effective at some reasonable time length, after signed by the President. . _ ACTION REQUIRED A directive to staff to send a letter stating Council's position on this matter. KDF:madlr attachments AMOUNT 6s562.43 5r562.43 * 182.Q0 if�'a�osiio i,s3�.ao * 15.95 16.95 ++ 6.63 3.43 10.06 * 79,99 79.99 * 32�290.05 32�290.0� * 20�+.88 204.92 409.80 « i0.D0 lO.OD * 300.Qfl 300.Q0 * 28.00 28.00 � 300.00 300.D0 * 100.t30 100.00 * 9.00 9.00 * 3.77 �.a2 10.93 b.01 2b.73 * -r 15-Engr 2Q-Police ChECK R�GI ��./ 30-Fire 40-CEQ VENdO� ITEH DESCRIPr.IOtV BARTt�N ASCNMAN ASSflC PROF FEE F&it FLAN CONWAIf FIRE&SAFETY SPANNER BELi/LQOPS CQNWAY FIRE&SAFET1f 4' NOSE FIRE ENGR ONE YR RENE1tAL PROEX ?HOiO SYSTEMS PROEX PNOTO SYSTEMS SCNA.AK EL=CTRONZCS FIRE r�E;L1�F ASSN S1;l8URSAN �IRE&SUC SUBURBAN =IRE&SUC ATOM .1lISU SE'kE2 CE.N&SEAL wALL S�REwT JOi3RNAL CFtEA;IIiESyELTERS MAFtA Cl4 C uILLIANS A1' � T I N= 0 SICSTEMS AT & T IN=O SYSTEMS AT & i INFD SYS7EMS AT & T IN�'0 SYS�EMS FILM R�lfl7t?S St7RGE SUPPRESSOR 198�i PYMT TIRESlBALANCE S�UAD RPRS ANNUAL DUES S.AN Si�R CLNG id 23 WK SUBSC . :INCREASE PC Fp85-92 REFi3ND APPL FEE MAMA MTG �vov svc NQU SVC �vov svc NOV SUC $36.OQ SD 41ATER MOMNlISSION SVC COiVNECTION 6�814.50 BD UATE�R :DMMISSYDN SVC CONNECTION 913.Q0 BD �lATE•R COMMISSIqN S1lC CONNECTION rµ 60-UtilitiesY 70-Parks ' 80-Planning 9Q-Animal. Contr ACCOUNT N0. INV: IO-�22D-000-00 : 01-4330-460-30 � 22-4630-ODO-00 : Di-�402-030-30 01-4305-030-30 : 01-43II5-030-3U ; 01-4300-I10-10 3 06-4490-D00-OQ 02-433Q-440-20 � 01-9330-4�F0-20 � 01-4 4 04- 02 0-2 0 2�-433(i-475-fi0 � �OI-4402-110-10 C 01-1021-000-OU U1-3365-001�-DO OI-4�00-110-10 01-4210-02q-2Q 01-4220-050-50 oi-a2xa-o�o-7a 15-4210-060-b0 8�-4450-8fl9-QO N 87-�l460-812-OQ H 9�-44�p-825-00 M CNECK REGISTER .��HOUNT VENDOZ ITEN DESCRIPTION 8�563.50 * 12.48 COPY EQUI' CO MARKERS 5.07 COPY EDUI' C� MYLAR � 17.55 * 1r242.00 DAHLGRENS-�ARDLONUBA�I OCT RETAINER 182.31 DAHLGRENS�iARDLOWUBAN RE PARK S TUDY 1�424.31 * 52.50 DANIELSON JAMES E MZ 9/24-11/21 8.61 DANIELSON JAMES E Mi 9>24-11/21 61.'ll * 1,b01.00 DCR CORP. DEC RENT 905.00 DCR COR�. DEC RENT 1�bb4.00 DCR CORP. DEC RENT 4•170.00 * ' 120.OD DENNIS DELMONT DEC ALLON 120.00 * � 17.23 ELVIN SAF=TY SUPPLY PARTS 73.b5 ELVIN SAF=iY SUPPLY NASK LENS 90.R8 * 58.00 ExECUTONE SIfSTEMS � RPRS EXTOb 58.00 * 20.00 FISCHERS �AS 66 NEADL.ITE2232 20.00 * 175.00 FRAZELL' K=UIN DEC ALLOW 175.00 + 132.31 ICMA RC 11/22 PAYROLL ACCOUNT N0. IM� 05-4300-105-15 � 95-4305-822-00� 01-4221-135-80 10-4220-a00-00 05-9415-105-15 95-4415-822-00 01-4200-600-10 01-�200-600-2D D5-4200-600-15 0'1-44� S-OZi-20 01-4330-�60-3D '8 0'l-4330-460-30 8 05-4330-490-15 3 01-4330-440-20 01-4415-110-10 D1-2072-000-00 AMOUNT bb.19 ' 198.50 * 6.09 10.00 5.25 6.51 27.35 * 9.58 9.58 9.58 9«56 9.S$ 47.88 * 153.00 Y�3.00 * 523.26 523.26 * 32.32 � 300. Q 0 332«32 * b4.35 64.35 * �wr'J� 4.50 +� 10.40 12.16 b.50 98.15 3I.6 fl 25.10 2.55 5.35 191.81 * CHECK REGISTER UE�D02 xc�� c KNUTH ��M KNUTH TOM KNU7H TOM KNUTH TOM LAKELAVD =?RD �.AKEl.A51D rORD LAKELAND FORO C.AKE�.AND =ORD LAKELAND �ORD LELS LEAGUE MiV C IT'I ES LMCIT F!P �'LAN LMCIT HP �LAN LEEF SROS INC � a assoctar�s M&W INC CAVONPR00 M&W iNC C4NONPROD M&W INC CANt}NPRDCt M&W INC CANONPROD M&u INC CANONPROD M&W INC CA�tiONpROp M&W INC CANQNPR00 M&N INC CANONPROQ n ZTEH DESCRIPTION i1122 PAYROIL Mi i'HRU lI/21 DEC AL�Ou P�I 7Hr�U 2Il2i MI 7HRU 17/21 SNQP TOOLS SHOP TOOLS SHpP TOOI.S SHt}P TOflLS SHOP TOOLS OEC OUES 3IF VtIL ASSMT DEC INS DEC INS �EC INS ocT co�rFs �v��r �s�cn� OCT COPIES NOV MTCN OCT COPIES NOV MTCN Q�T C{3PIES NQU MTCN OC7 COPIES NOV MTCN QCT COPIES NOV MTCiV QCT COPIES NOU MTCN OCT CDPiES NQV MFCN OCT COPIES NOU MTCN ACCOUNT N0. INV•, 02-4234=210-10 D:5-4415-105-15 05-4415-105-15 51-4�15-925-00 98-44�5-8Z6-00 01-4305-020-20 � O1-4305-030-30 : Oi-4305-050-50 : OI-43tI5-070-7t1 : 15-a3o5-o60-60 : a�.-�o7�-000-oa 21-4�26-OOtl-DO : fl1-2D74-000-OQ 01-4i31-02U-20 02-4131-D2i-2ti O1-4300-03p-3Q 1 07-430Q-040-40 1 O1-4300-080-$0 3 01-430Q-11Q-1p 1 O1-43�5-020-20 2 05-4300-105-]S i IO-4300-000-00 1 15-4300-060-bQ 1 AMOUNT 833.33— 22�227.65 2�083.33 4�166.66— 19�310.99 * 58.50 32.7 0 91.20 * 178.96 178.96 * 171.05 115.78 37.21 67.13 . 283.10 56.66 37.21 7b8,14 * 6.40 12.60 21 .00 * 134.53 70.00 2D4.53 * 9.51 3.33 40.36 5.06 74.74 14.96— 107.56 225.70 * CHECK REGISTER VEND03 METRO WASTE CONTROL METRO NASTE CONTROL METRO 4fASTE CONTROL METRO WASTE CONTROL MILLER DAUIS CD MILLER DAUIS CO MIfVN BE'NEFIT ASSN NORTHW�sST=RN BELL NORTH4JEST=RN BELL NORTHWEST�RN BELL NORTHWEST�RN BELL NORTHN�ST=RN BELL NOR7HNEST=RN BELL NORTHWEST=RN BELL OXYGEN SE�UICE CO OXYGEN SE�UICE CO PRUDENTIAL PRUDENTIAL S$T OFF-IC= PROD S&T OFFIC= PROD S�T OFFIC= PRDD S&T OFFIC� PROD S&T OFFIIC:.. PROD SB�T OFFIC= PR00 S&T OFFIC� PROD ITEM DESCRIPT.ION D�C INSTALL DEC INS7AlL DFC INSTALI OEC INSTALL MINUTE BOOK COVERS MI SC SPLYS RADIO RPS ACCOUNT NO• INV� 14-3575-000—OU � i5—�449-060-60 : 17-3575-000-00 ' 17-3575-000—DO : 01-4300-110-10 ' OS-4300-105-15 � 01-4330-450-20 ' NOV SVC 01-4210-020-20 NOV SVC 01-4210-030-30 NOV SVC 01-4210-050-50 NOU SVC 01-42'1D-070—�0 NDU SVC 01-4210-110 NOV SVC 05-4210-105—�� NOV SVC 15-4210-060-6D D�MURRAGE THRU 10/15 O1—a305-030-30 : DcMURRAGE THRU 10/15 01-9305-050-50 : oEc P�EM OEC PREM ENVELOPES SCRATCH PAOS MISC SPLYS 41KLY CAIENDAR TOPS/TEMPLA7E RTy TEMPLATE MISC SPLYS oi—�o�a—000—on 01-4937-020-20 01-4300-020-20 01-4300-020-20 01-43q0-020-20 01-43D0-110-1D 01-4300-110-10 0'1-4300-1'l0-10 05-43Q0-105- � AMOUNT 62.00 33.22- 33.22- 62.00 62.00 62.00 b2.00 33.22- 33.�'2- 33.22- 62.OD 33.22- 172.68 * 40.00 �0.00 t 942.25 63.40 81.55 674.95 167,65 201.60 133.60 2�265.00 * 5.31 5.31 * 88.00 88.00 + �so.00 150.00 � 85.00 85.00 * �� .:_��..;� � CHECK REGISTtR VEdD02 SATELLITE INDUST INC SATELLITE INDUST INC SATEI.II TE I NDUST 3KC SATELLiTE iNDUST INC SATELLITE INDtIST INC SATELLI TE I NDl1ST INC SATELLiTE INDUST IfVC SATELLiTE INOUST INC SATELLITE INDUST INC SA7ELLITE INOUST INC SAiELLITE INDUST INC SATELLITE INDUST INC SELANDER )UANE C SHAUGH�IESSI( L E JR SHAl1GHNESSY L E JR SNAUGHVESSY L E JR SHAUGHI�ESSY L E JR SNAU6NNESSY L E JR SHALISHN�SSY L E JR SHAUGHNES�Y L E JR SU�V NEVSPAPERs UNI�ED liA3f -ST PAUL US POST OFFICE UNIV OF MINN � � _- ITEM DESCRIPTION RENT THRll 11/7 FN PICKUPCREDIT PICKUP CREDIT . RENT THRll 11/7WENT RENT THRU 1)/7IVY REN� THRU li/7ROG L RENTHRU 11/7 MARIE PICKUP CREDIT PICKUP CREDI7 PICKUP CREDIT RENT THRU 11/7UP PICKUP CREDIT DEC A�LDI� NOV TIME NOV TIME NOV 7IME NOU TIME NOV TI ME N�U TIME NOV TTME RPT NOTICE DEC PYMT 12 198b PERMIT FEES A�NA FALL CONF ACCOUNT N0. IN 01-4200-61 Q-70 D1-4200-610-70 01-4200-610-70 01-4200-610-70 0�-�4200-6'! 0-7a 01-42D0-610-7� 01-4� 2 0 0-b10-7 0 01-4200-610-70 01-42�0-610-70 01-4200-510-70 01-4200-610-7� 01-4200-610-70 01-4415-200-70 01-4220-132-10 03-4220-132-00 05-4220-132-15 14-4220-132-DO is-a22o-�32-60 16-4220-132-OD 21-4220-132-00 09-42�0-000-DO Oi-2070-000-00 01-)Z15-000-00 OS-4400-105-15 AMOi1NT 8i913.9I 63.40 2i191:74 32,290.05 5.31 6�747.29 1�650.00 158.38- 22r753»45 202.60 2�083.33- 656.86 4.50 5.25 $36.00 b�814.5D 23.b8 913.00 6.53 FIiNQ FUAID FUNII fUND FUND FUNO FUND FLlND FUND F�ND FUND FUND FUND FUND F�i�VD FUNO FUND FUVD FUNi} 81,825.34 T4TAL MANUAL CHECKS: 10925 10926 i0927 10928 10929 1p930 10931 10932' 10933 109�4 10935 i0936 10937 I0938 959.89 24,353.75 I00.00 66.24 50.8$ 88.56 4,597.28 7,500.OQ 2,645.?6 4,685.96 �o.ao 200.00 1,�01.26 22,292.76 68,922.34 GT 150,747.68 O1 p3 05 06 D9 1D 12 14 15 lb 17 21 23 51 8 9� 87 95 97 9$ CNECK RE6ISTER TOTAL T07AL TOTAI. �QTAL Tp7AL iOTAL TpTAL TOTAL TOTAL TOTAL TOTAL T07AL T03A� TqTAL TOTAL TQTAL TOTA� TOTAL IO'CAL ITEM DESCRIPTION GENERAl. FUNO WATER REU�NUE FUND ElVGR EN�ERPFtISE FIRE RELIEF FEDERAL REUENUE SHARING SPECI A� �PARK FttNf� E4lJIPNENT CERTIFICAT£S CON50LIDATE� �1�87 SERUIC SE4JER UTILI TY iID I79-7!$I-4182-2182-fi UT1L RESERVE INDUSTRIAL DEVELOPNENT CA9LE �V FRANCHIS� I79-3 MIRIAM-NIAi� �RAINA I83-1TtlMNUN7ERLANEADDN I$3-4/83-4FB GRYC/OAK CTY I8�-4GOULD YflRKTON I$5-1 AND�R�CURi.EY I84-bMN RU LEX 55 N#SA �lareys Safety Eq. LMCIT No. Star Svcs . ?fiasniks Pepsi%7Up Russ Wahl St. Treas PERA Met Council St. Treas SS Fund Dakota County St Bank r� �, ACCOUNT N0. � Past Due Invoices Partial Payrnent Insurance Refund CA applicatinn fee Bonf ire expense �f �� IIj$ Payrall Balance Planning loan II/22 Payrall 11/22 FIT 11/8 & 11/22 Deductions I1j22 Deductions SCCU " . City M.�I. Payroll Acct 11/22 Net Payrall n � LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON DECMEBER 3, I985 �' Masonr,� License: Creative Concrete Excavating License: Friedges Landscaping Genera] Coniracior`s License. :::�� M.A. Mortensan Campany �<:�� Hans Nagen "Homes, inc. Heating and Air Conditioning License: Unique Indoor Comfort, Inc. Dranen's Neating and Air Cond9tioning, Inc. � City af Mendota Heights Dakota County, Minnesota RES4Lt3TI4N N4. 85- RES4LUTION QRDERING IMPROVEMENT AND PREPARATIO�I OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, STREET AND LIGHTING IMPROVEMENTS TO SERVE YORKTON CENTRE FOINTE S0111"H� SUBDIVISION AND ADJACENT AREAS {IMPROVEMENT N0. $4, PROJECT N0. 4) WHEREAS, a public hearing was he2d on the 3rd day of December, 19$S, at 7:45 o'clock P,M, in the City Hall of the City of Mendota Heights, Minnesata pursuant to resalution duly adapted by the City Cauncil af the City of Mendata Heights on the question of the proposed construction of the foI- lawing described imgrovements: The construction of an extension to the City's sanitary sewer system, including appnrtenances and incidentals thereta, and the acquisitian of easements, and the reconstructian where necessary of streets and ease- ments in the area hereinafter more particularly described. The constructzon of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acqui- sition af easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly described. The canstruction af a storm sewer system including appurtenances and incident�al thereto and the acquisition of easements, in and for the area hereina�ter mare particularly described. =��; The construction of street improvements consisting of the acquisition of easements and the grading, stabilizatzon, drainage and bituminous surfacing, and the construction of cancrete curbs and gutters on the streets �o be situated in the area hereinafter more particularl.y described. : ~, ' The consGruction of a street light system including appurtenances and . incidentals thereta, in the area hereinafter mare particularly described. WFIEREAS, due publication of the notice of public hearing on said prapased construc�ion has been attended ta; and WHEREAS, mailed notice of said hearing has been mailed more than 10 days befare the date af said hearing ta the owners of each parcel situated within the area proposed to be assessed, all in accordance wi�h the applicable Minnesota Statutes, and WHEREAS, the City Engineer reported that the proposed improvement and con-- struction thereof were feasible and desirable and further reported on the proposed costs of said improvements and canstruction thereaf; and WHEREAS, the area propased to be assessed far said improvements is si�uated �r within the City of Mendota Heights in Dakota Caunty, Minnesota and is more ,, particularly described as follows: Land abutti°ng �he west righ�-of-way line of LexingCqn Avenue, and� the" south right=of-way line of State Trunk Highway I20 and lying nor�h and east af the,.Resurrection Cemetery Plats No. 63400 and 63G01, and the '� south portion of�the Trunk.Highway 110 right-of-way designated for . fron�age road commencing 3700 f eet west of Lexingtan Avenue. WHEREAS, the City Council then praceeded ta hear aI1 persons interested in said imgrave�ent and all persons were afforded an opportunity to present their views and objections ta the making of said improvements. NOW THEREFORE, IT .SS HEREBY RESOLVED by the City Counci3 of the City af MendoGa Heights,-�YMinnesata as follows: 1. That iC is advisable, feasible, expedient and necessary �hat the City of Mendota Heights eonstruct the a�ove described improvements, and it is hereby ordered that said improvement be made. 2. That the City Engineer be and he is hereby suthorized and directed �� ,, �o prepare plans and specifications for said improvement. 3. That said improvement shall hereafter be known and designated as Impravement Na. 84, Project No. 4, Adapted by the City Council of the City of Mendota Heights this 3rd day of December, 1985. ATi'EST : Kathleen M. Swansan City C1erk CITY COUNCIL CTTY 4F MENDOTA HEIGHTS By Robert G. Lockwood, Mayar . , '.. Oakota County Community Development Block Grant Fiscal Year 198b Citv of. Mendot�7 Iiej.c,�hts l.egal Name of App 1 i cant 750 Sc�uth Plaza Drive ega Address af App icant Proposal 2 Community Oevelapment Dis.trict, Mendata Heiqhts MlIlt'tE.'SOtr� 55].20 'l ty t dt @ 'I�� Kevin Fraz�ll Contact Persan City Administrator (612 �452-1850 Tit�e Phane Number Narthend Street Impravement� Project Name There are approxima�ely la miles of residential streets in th� north end of 1�lendata Heights in need of major overlay, storm sewer & concrete curb & gutter, An incame survey has tIocumented the �yre�PncP of many elderly andlar low to maderate i.ncozcte hausehalds in the affected area. Grant funds would pay the extra cost of addinq curb and gutter to the non-collection streets and provide interest-free loans ta qualifyinc; Brief Descriptian of Praject households for payment of assessments. $2io,000 Amourt Requested � 1. Has this project received funding CDBG before? Q Yes Q No 2. Project duration: x� One Year Q Other (Specify): Proposed beginning date: May 1986 3. Grant funds will be used for: Q Acquisition Q Clearance Activities Q Disposition Q Economic Development Q Planning x� Public Facilities Q Public Services � � Rehabilitation Other (Specify): Proposed completion date: �uyust 1�II6 4. Federal objective addressed (attach documentation): [�x Benefit to low and moderate income persons Q Aid in the prevention or elimination of slums and blight Q Alleviation of urgent community development need � 5.;.;,General description of the project (include project goals and importance to ''� corrffnunity) : A� roximatel 1'4 miles of street in the north erid area of Chi�r>ewa, Hiawatha, ['remont, Ellen, and Garden Lan� were installed over 20 years ayo, and o marginal desian at the time� they have deteriorated to the F�oint tt�at routin� maintenance is useless and unacceF>tably expensive. In the summer of 19£35 L-he City Council held public IZearincs to consider a major street reconstruction, storm sewer �roject for t}ie area. There were mixed feelings among the residents o w�ere e cur & c�utter and storm sewer �roject sh�uld end. Plans were ordereci to cinlude new•streets wi.th curb � yutter anc] st-orm sewer throucfhout, however to le�ve t e oj� �.on open or deducting curb & gutter from �11 tl�e s.treets but Chippewa (�le�,endinc� on the hids) . `I'he cost is estimated to be $414,000 or abuut $2500 tc� the averac�e lot. A fall 1�384 area income survey (copy attached) indicated that a large number of ho�aseholc7s are of C�ov�rtiy, .low, or modcr.ate income levels, as e.ine a.n the CDI3G nro- yL�am C)F the 5y households returninq tl�e survey, 3G or 610 were income eliyible. -. t'unc�5 would L�e usecl tc� �>ay the extra cc��st of �,ciciing cur an qutter rouy}u�ut � ��re-��a1+ the special assessment� of income eliqible households. This assessment sub- sidv would ba in ti�e f.orm of an interest ree oan, r.epayal�7e G.�bn ��T��tf�" property. nT�rnctiMr.tvT The re}.�ayments would g�nerate t�ture "��rogram income" to be used l�y the City f.or other CDBG eligible activities. `I`his would he � CI�BC� eligible expenditure, since the income survey revea.led ('�l � oP �he area househc�lc3s to be income eliqible. � With an an�?roximate 55� rate oF return of ttie survey, it is assumed that, if grant funds actually become av�ilable, the ac�ual number oE households actual.ly apf�lyiny will be in excess of 50. - 2 - 6. Description of project area (attach map): Ct�ippewa, Eliawatha, 1•'r.emont, L•'l.len anc3 Gzirdcn Lane streets in the City oE Mendota Heiqhts. 7. Persons benefiting: Total number of persons benefiting: lo� ►,ousenoias � Percentage of low/moderate income: �>1 8. Construction schedule: Q Not Applicable x� Applicable If applicable: Estimated date construction will begin: May 1986 Estimated date construction will be completed• Auqust 9. Project cost: Total project cost: $ 414,000 Amount of C.D. Grant requested: $ i9o,000 (Percentage of total project cost): sl Source and amount of other revenue: MSA Chapter 429 Special Assessments $ 65,000 Mn/DOT - Municipal State Aid $159,000 $ 10. Budget summary by activity: � Activity CDBG Other/List Source Total Storm Sewers, Street Overlay & Curb & Gut.$ 100,000 $ 196,000 $ 296,000 HRA Administration City Engineering City Administration Battered Women's Shelter Total 8,000 26,000 5,000 2,500 $141,500 66,OOQ 10,500 s2�2,�00 8,000 ' 92, 000 15,500 2,500 $ 414,000 a - 3 - 11. Additional supporting items submitted with proposal (check if attached): �x Qenefit documentation (see question 4) �x Resolution of governing body requesting grant Q Additional project information Q Map or sketch outlining project area � Professional's certification of feasibility and accuracy of scope and budget (engineer's, architect's, etc.) Q Letters in support of project/or letters of commitment Q Other (Specify): _ _ _._ _ -------------------------------------------------------------------------------- Certification I certify that the statements and application requirements of this official pro- posal are correct and that this proposal contains no misrepresentation or falsi- fications, omissions or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief, and that no bids have been awarded, contract executed, or construction begun on the proposed project. ignature of Authorized icia tle December 3, 19�5 Date " c��rY c�r r�i:tvixrrn in�TCil�rs DAKOTA COUN'i'Y, MINNESO'fA RESOLU`fION N0. 85- RL:SOLU'I'TUN R�QU(;STING COMMUNITY ll[;VELOPMEN'C 13t�CK GRANT I�UNUINC FOR NORTH f:ND STIZLf:T IP1PROV�h1I�NTS tJkII;RI�AS, Chippewa, fli.awa�ha, I•'remonL-, [:] 1en, ancl Garden Lane streeLs are ir, need for a major ov�r.lay, storm sewers and concret:e curb and gutter; and WIi�RE;AS, an. income survey has docurnented the pr.esence oE severa.L elderly, and moderate income households in this area; and WfILREAS, Community Development Block Grant (CUBG) funds could be used to reduce and defray assessments for households on which the cost could be a hardship. NOW THEREFORE, IT IS HEREBY RESOLVCD that the City Council of the City of Mendota Heights does hereby authorize an application to Dakota County for $190,000 of the County's 1986 CDBG entitlement allocation, to be used as interest-free loans for pre-payment of special assessments, th� extra costs of adding curb and gutter to Hiawatha, Fremont, E11en and Garden Lane, and project costs as may be eligible for expenditure. Adopted by the City Council of the City of P1endoLa }ieighrs this 3rd day of December, 1985. CITY COUNCIL CITY OF P1ENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTFST: Kathleen M. Swanson, City Clerk P E R S 0 N N E L C 0 D E . F 0 R ;:�': • C I T Y 0 F M E N D 0 T A H E I G H T S :.�.=. December, 1985 � 'p : .:= . � TABLE OF CONTENTS Section l. Purpose Section 2. Scope of Resolution Section 3. Appointment Procedure Section 4. Physical Examinations Section 5. 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 Sectiori 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 1, 2 2, 3 3 3, 4 4 4 4, 5 6, 7 7 7, 8 8, 9 9 9, 10 10 10 � 11 11 11 11, 12 1� 12 12, 13. 14 14, 15 Ni :•: � � TABLE OF CONTENTS (Continued) Section 26. Retirement Section 27. Sexual Harassment Section 28. Equal Employment Opportunity Section 29. Unlawful Acts Section 30. Disclaimer Section 31. Effective Date +" � Pa e 15 15, 16 16 16 16 16, 17 � . r CITY OF MENDt7TA HEIGHTS DAKpTA COUNTY, MINNESOTA RESOLUTION N0. 85- RESOLUTION ESTABLxSHING A PERSQNNEI, CODE FOR EMPIAXEES QF THE CITY OF MENDQTA HEIGHTS Section 1. Purpose. It is the purpose of this resolution to esCablish a uniform and equitable system of municipal personnel administration far all employees of t�he City af Mendota Heights. Section 2. Scape of Resolutian. This resoluCion shall apply ta all employees of �he Ci.ty exceg� the falZowing: '�' a. All elected officials; b. City Attorney and Health Officer; c. Members of Boards and Cammissions; d. Consultants and others rendering temparary prof essianal services; e, Volunteer firemen; :�.` •. f. Emergency emplayees or ather employees not regularly employed in a permanent position. Sectian 3. Appointment Procedure. AlI probatianary and regular =;~.-:.` apgaintments ta municigal service shall be recommended by the Ci�y Administrator and must be confirmed by the Gity Council on the basas af inerit and fztness, and without regard to race, c�ed, color or discriminatian. Where it is deemed necessary, merit and fitness sha11 be determined by written, oral, or other examinatians designed to evaluate the ability of the candida�.e to discharge the duties of the position for which the examination is held. Sectian 4. Physical Examinations. A11 new permanent employees shall be reQuired to have a physical examinatian by a licensed physician approved by the City. Such examination shall include an evaluation of the applicant's general fitness for the gosition in question with particular emphasis an detecting the 1 � presence of latenC trouble in �.isne for �he applicant to take correc�ive action or ta prevent the emgloyment of a persan whose condi�ian would deteriorate or be aggravated by the gasition under consideration. The cost of the examination sha11 be borne by the City and a report thereof shall be made to the City. Section S. Probationary Periods. The first s-ix�-mo�rrt-h�s Year o� employment of an employee shall be regarded as a probationary period ta 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 empioyee whose performance daes not meet the required wark standards. Vacatian leave, -eitt3--site� �ea�r� �- b�cr�fn� personal Ieave, and extended disability leave shall accrue ta the ,�;. emplayee during the probationary geriod. but--m-ay--crot-�-��s�'�trC`t�'��1.`�"`Y��' c�i-e�-� No leave shall be taken durin� the probationarY ep riod exce t for illness or fa mily crisis, and should the emplayee not achieve permanent status appointment, he/she will be liable to the City for a� such leave taken. If employment is terminated during an employee's probationary periad, rnrsi�c-�v�-,- L 4� . � v�ee��rt-�xr-cx��x�Ctrer- no benefits shall be due to such employee. Probationary � emp2oyees shall nat be entitled to leaves af absence. During the �--r�xrt� one year probationary period, Che department head shall submit a written report after t-�r-e�e- six months and after ii�ve- ten months acivising the City Administratar as to the acceptability of the prabationary employee for such position. The Caty Administrator shall make his recommendations �o th� Council within twenty (20) days befare the expiration of such -s�i.-x--mrt�rtth ane year period. The City Administrator may terminate a probationary employee any time during the probationary period, i£ in his apinion, �'r�`�azs'r.'�; �~C'�.�t�'S.z:'��'Cfice � _�;�-�-s--��-e--Qr--�r��-3.-��rg,--��--per-�-ex��--t-�re-�-��.�es---ccr�-t�te--prr��.-ti-crrr sa�3.-s��e-t-a�-3�--or -t-�ra� -�ii.�--��-i-t-s--a�r�--��e�rd�a�-i�.-it-�--d�x--� �re��i-�--etrrrt.�i�tuzrric�--i.-rr- t�--pesi-�� the employee is not suited to the position. The employee so �� terminated shall be notified' in writing of the �ease��--��e-�e��-ea�3efl decision 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. Section 6. Promotions. The first �si.�c-men��s one year of a permanent employee's promotion �e-a-stt�e��3so�-�+-�es��efl 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 employee whose performance does not meet the required work standards. The probationary st��e��+�se��+ employee shall continue to be granted all benefits due permanent ::;=: � employees, however, such employee shall not be entitled to leaves of absence. During the s3�-�e�� one year probationary period, the department head shall submit a written report after ��ee six months and after firo� 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 ::r�; Council twenty (20) days before the expiration of such six-monti� one year period. � An employee shall not have his or her compensation reduced as a result of promotion, but will be lp aced at a� step equal to or �reater than the previous compensation. The City Administrator shall recommend a schedule of proQression� for the ensuinQ p� steps• A permanent employee terminated during the probationary period from a position 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 full-time in the service of the City. Permanent part-time employees are employees who have passed the initial probationary period and are currently 3 .y 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, szck-�eave personal leave, extended disability leave, paid holidays, military leave, military induction pay and pay for accrued vacation leave upon termination of employment. Benefits for permanent part-time employees shall be on a proportionate basis, based on the avera�e number of hours worked each week as compared to 40 hours � week. Section 8. Work Week and Work Days• Except for those positions otherwise • specifically designated by the Council, the regular work week shall be forty (40) :;r,= 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 of one and one-half times the regular rate of pay. To the extent allowed � State and/or Federal law employees may take J compensatory time off at such times as approved by the 6��-�i��r��s��a�a� 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 employees 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 starting their �er��k 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 ��' anniversary dates. 4 a:. Vacation,leave, shall be scheduled by the departments to accommodate the � �, work schedule of the 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 twenty (20) days annual vacation for which they are entitled, provided however, that no employee shall use more than twenty (20) vacation days consecutively without prior City 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 6��y-6�e�� 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. S��i�n-�� :--�it��a�ve : a:--�3� -�e��►s�e��-€��-��e-��3� ��e3�ees-s�a�� be-e.�.��le�-.t.e-.accru�sick �.Ba.va-at_.tha-r.at.�a£_a.naday_.��x'-mont]�.---EvE.r�r s.uch-e��e�+ee-�s�a�.-�-�e s��.eae�-�e-aee�t�e-ttg-�e-a��-��d�.�g-a�e-�i��e�-�i+e�� -�a�s-e€ : s3e�lc-�.ea�+e: '�Y.--�1Y-Cr�Ct-�B-�-L�'�3g3�L'-�6i`'-S3E�C-�.@fl'J�--i�3.��%�fl-j+-a�-e��e ye��s�-�- 3:--�te-pa�� ►�r��+-�a-��s-de�a��-� �kea�-��-�--�ease�--€e� �i��a�se�e�. -� :--��ep-�3-sde�pa��s�-�iea� 3��e��-o€-�i��Ee��.e�-��-��.s-a�s�}� _ �r�ure-t�ta-rr�-��e�e-�ds-y-�tt�s�3efr: 5 � 3— If .a�a--employee�-�s-� absen.t for more_t,han a tY�r.ee day-�duratio�-�re�-shall �e-v-ide -�e-�Cit}�e-�- Me�t�trta He�gttts wi-��t-�a let-te�r--or--�e�or-�-€-rom-la-i-s_ a-�tend�ing pk�ys-ician_,_settir�-g--€ortti-�the -r�$tur�a�.hi��.11nes�s-and-a�y�--_. c�h�r app�opr�a-te fa�c�s: �e-r—Employe�s-whose w-i�es are-expectan.t�.others-sha-1-�--b� al�t�ed-�e-cha�g� t-e-si-e�k leave-��e necessary t�me needed to attead.- suci�--birth and matce� ��t�-x..eq.uire.d�ad jus.�mentG i n famiLy--.livin�condiGi$�-.. � ��cases-csf ��n.4��e eme�ncy in�c.ol.u-ing em.g-loye�s�wi-tt3-a- re�card o� m�.�orious-s.e.�vic�who-�hrougki--serio�� r._ �S2tI'-�ted--ili�e�ss I��ave-x�sed it-�-�-11 a�ccumul��t-ed-sick -�eave, eemgensate-�-time -a�--and �a-tion leave,, .$� an ovrensior�-e-€-- siGl�eave -��e�nd the�naximum_.�]LO_uidecL..in thi.� r-esa��utio�-fna�y h�grante-d-�}� th�ity Co�nc%��- �-:Ee.nalty. Gl-a�►ning -s�e-I� leave-when ~gi�ysica3:-�-€it,_exc.Pnr�a. ..pP m� d .i-�-�his section, may "b�-cause-for -d�'rs�i-pi��-r�act�iv�',--�ncia-d�g_. t�nsfer, -d�moti-on', su��gensi-ar�ar-d�smissa�- :Y'• Section 11. Personal Leave/Extended Disability Protection. a. Personal Leave _ Beginnin� January � 1986, all permanent full-time employees shall accrue personal leave at the rate of 2.67 hours e�r �' 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 rp ior approval of the C- ity Council. Accumulated but unused personal leave will be paid upon separation of employment to all permanent status employees. b. Extended Disability Protection = Be�innin� January � 1986, all permanent 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 disabzlity protectian is available for use on the fourth consecutive da� af a persanal illness and thereafter. Emplayees are to keeP �heir supervisar informed o£ their condition. The supervisar � require a le�ter or report from the attendin� physician. Claimin� extended disability leav� when physically fit m� be cause far disciplinary action, includinQ transfer, demotion, suspensian, or dismissal. In cases af extreme emergency involvin� employees with a record of ineritorious service, wha thraugh serious or protracted illness have used �p a21 accumulated personal leave, extended disability leave, vacation leave, and compens�tory time off, an extension of extended disability leave beyond the maximum provided in this resalution may be ranted � the City Council. The resultant deficit will be repaid promptly throu�h ap�lication of future Qersonal leave and ex�ended �disability leave accruals. c. Conversion of ExistinQ Sick Leave _ One half 50% of � sick leave ba2ance on December 3I, I985, � ta a maximum af forty-ezght 48 haurs will be converted to Persona2 Leave. Any sick leave not converted to Personal Leave shall remain in the employee's Extended Disability Protection bank. However, an em�loyee whase Extended Disability $ank exceeds 640 hours cumulative maximum shall not accrue � more �xtended Disability Leave un�il his or her accumulated balance drOps below 640 hours. Section I2. Funeral Leave. AII permanen� employees, bath iull-time and permanent part-time, may attend the funeral af their spause, mather, father, Ghl�a�eIly randmother, �randfather, brother, szster, mother-in-law, and father- in-law, as gaid Funeral Leave. Such funeral leave shall not exceed three days and shall not be counted as sick leave. U� to four � haurs of paia funeral leave will be granted to attend the funeral of another City employee. . Sectian I3. Group Hesg#�a�-Me�#ee� insurance. Ali permanen� full-time employees shall be entiCled to insurance benefits as established by the Citq Council fram time to time. The scope of insurance coverage a��-e�e�ft�-e€-��e�#�� _ � _ pa•rt�i-cz�ra�i�-��-�e-G�� will be determined by Che City Cauncili and the maximum premium participation � the City shall be established each ey ar. Permanent part-time employees shall be entit�.ed to the same insurance benefits as Eull-time employees except that the amount of premium participation by the Ci�y shall be on a praparCionate basis based on the �otal hours they work each week, as compared to a total of forty itaurs per weeic. For the purpose of this Section, permanent part-time emplayees shall be defined as employees who are currently warking a minimum of twenty (20) hours per work week in a position est�ablished by the City Council. Group ffasp=ta�-Mec�zca� In�urance benefits will be extended to �e��a�e� separated employees, at their expense, as required by MSA 62A.17T� sub_ject ta any Iimitations a.mposed � the carriers. ��e��-I�es��a�-�e��ea�-��s��a�se-Wa,li_be_ex.tended_to_�e�ized_nfficers_a.�d emp�e}�ees;-��-�l�e��-e��effseF-as-�eqt��e�-�3�-�t�A-62A:]�2�. ' Section 14. Holidays, The fallowing are to be paid halidays for those {�' employees not included in ].abor contracts: New Year's Day, . Martin Luther King's birthday third Monday in J'anuar , Presa:dent's Day (�.hird Monday in February), 6ee� �rzdaq; Memorial Day (las� Monday in May), Independence Day (Ju1y 4), La.bor Day (first Monday in September), Ee�atn�as-�a�►-feeee��-Me�de�-�.�-AE�ebe��-� Veterans Day (November 11), Thanksgiving Day and Christmas Day. 8ae Two floating halidays shall be granted conditioned that scheduling arrangements must be apgroved in advance by the department head. Tfie City Council, upon recommendation af the CitY Administrator, � desi�nate ane of �.he flaatin� ho3.idays 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 Saturday, the preceding day shall be observed as a hola.day; when any of these days falls on a Sunday, the following day shall be observed as a holiday. The sections of labor contracts re].ating to holidays for those employees represented by bargaining 0 � V units shall prevail for those employees. 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 �i-va�.� time off a$-��e-F,3�-�- .A�ni�,i.s�r-a-�,o� �-�.� ��'�-i�e--t�l.�s�eo+rs��e�r-a-�-i�-3-s-�i��erc-to-tkis-{-ar-+-,,,--1-n .detexn►ia�.i.n.g_�-k-.se��.�es-. at a rate of one and one-half times the holiday hours worked at time subsequently scheduled � the supervisor. ��3ex-�S,--�a��--��n�a3+ees :--�e��►aa� part--time-emp3vy�e�s-sfia�.3 -be ��-�a-�a��-�e-k-�.ea�+e ;-�+aea��e�-��►e ;-�idayr,-ami-fvnera-i-3�ave-�n-a �e��.e�a�e-�as�.s-base�-e�-��e-�e�a�.-�tsfn�- e€-�ears-t�zq-wor��a+ct�-weE�-as seu�a�e�-�e-a-�e�a�-a�-€e��+-�s��s-�e�-�+eek: 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. a. All 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 E for military duty af pralonged duration sha11 receive full pay for 15 days. Section 17. Leave of Absence Withaut P3y. a. Upon request by an employee, leave of absence without pay may be granted by the City Cauncil, taking inta cansideration goad conduct, length of service, and efficiency of the employee and the general goad of municipal service. Such leave af absence shall not exceed a periad oi ninety (90} days provided that the same may be extended beyond such period af the leave of absence is for continued disability or a�.her good and sufficient reasons, but in no case sha11 such Ieave of absence exceed one year except when the employee is detailed for military service ar is disabled by reason of disability incurred while in the service of the City. No vacation ar ��c-�.ea�� personai leave/extended disability pratection benefits shall accrue during a periad of leave af absence without pay, , -�r.--�4a-��-�-�� a�,--�A�y-�'.u�.c�,_�^.�i,u►�.�ng1,a��,s.��7,Lb�---g�a�e�-a �nat-ernitp-3�eave-witi7o�nt-Fay'�roit-a�`��-�e-€-��i-e-��epe-�:��e�t� �es�-� £s.t�p-�1drr�i.rci.s-��a�� .--tl-�e��i-��-�ea�+e-e-€-�se�ee-s��.--z�e�-�-xee�-��.�� nrontfi�s-d-trr�zt�iti�m: b. Jury DutY/Witness. In the case of jury duty, ar as a subpoenaed court witness in a case related to C, ity ,employm�nt, an employee sha11 receive compensation which will equal �he difference between the employee's " regular pay and the comgensation paid for such jury duty or as witness fees. Section 18, Compensation. Employees af the City shall be campensated according to the schedule established by the City Council. Any wage or salary so established is the tatal remuneration far employment, but shall not be considered as reimbursement for official travel ar other expenses which may be allowed for 10 the conduct of official business. Unless approved by the City Council, no employee shall receive pay from the City in addition to the salary authorized for the position to which he has been appointed. Section 19. Pay_ Days• �+��e�+ee�-s�a��-�e-�a�d-a�-��'��ee��-a��-�#�e , �as�-�a3r-e�-eae�-�ex��--��ie�-a-�a�+da�+-�a��-e�-a-�e�.�de�+; -e�'�e-Yees-s�a�� eee�.�e-��e��-�a�-��e-�eEe��g-��-�e�+z--�e�-a-�a�+da� €a��ea-a-�a�t��a�+-�' ��ai'3-��ei'ees-s�a��-�eee��+e-��e��-�e�-e�x-�#�e-�eEee��flg-�'��a�+: Employees shall be paid on every other Friday. Paychecks will be issued one week followinQ the end of the established p� period. When a holiday falls on payday, employees shall receive their a� the precedinQ workday. Section 20. Educational Incentive = Tuition Refund. Al1 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 ;•:w �� 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. and-ref�ecti�n-sfia��-�e-made npon-th=s-achievement-when-sa�ary-=ncreases-ar�e-reviewed: Section 21. Resignation. Any employee wishing to leave the municipal service in good standing shall file with his department head, at least 14 calendar days before leaving, a`written resignation, stating the effective date of the resignation and the reason for leaving. Failure to comply with this 11 � � procedur_e-may.be�.considered cause for denying such employee employment 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 authority. Failing at that level, the grievance may be carried up to a higher authority up to and including the City Administrator. .. The foregoing policy shall be superseded by grievance procedures when included in a labor contract. Section 23. Lay-offs. The City may lay-off any employee whenever such action is made necessary by reason of shortage of work, or funds, the abolition of a position or because of changes in organization, provided, however, that two xt weeks advance written notice shall be given. However, no permanent employee shall be laid off while there are temporary, provisional, or probationary employees serving in the same class or position for which the permanent employee is qualified, eligible, and available. Layoff shall be in reverse order of seniority within '�ob classification, when all other qualification factors are equal• Section 24. Disciplinary Action. Any employee in the service of the City may be disciplined for cause. The method of and procedure for disciplinary action shall be determined by the City Administrator r+��k-egp�ev��-e�-�ke-6attae}�.- commensurate with the seriousness of the infraction. Demotions and dismissals shall have prior approval of the City Council. ' a. Reprimand. An�employee may be given an oral or written reprimand by his superior or the City Administrator whenever his performance falls below 12 expected standards or whenever the employee is guilty of misconduct or disobedience in any matter. b, Suspension. The ��-��}ff�s��a�s� Department Head may suspenci an �t��/� �� employee without pay for disciplinary reasons, far u� �o five � days: j' `� 1�� and will advise the CitY Administrator af such action. �+�c�l�-�s�s��siau ��,,,�. ske��-�e�-e�Eee�-�8-we�l��g-�a�s-�e�-a�}�-e�e-e€€e�seT The City ~� Administrator � suspend an employee without,p� for u,Q ta thirty 30 days; for discipli.nar� reasons. c. Demation. An employee may be demoted by the City Administrator for :-k: . inefficient performance of his duty, for disciplinary reasons, or for gaod and sufficient reasons. d. Dismi.ssal. Officers and emplayees subject ta the provisions of this Resalution may be removed fram City emplayment by the City Admir�istrator far just cause. Dismissal ior cause shall be grounds for denial of the emplayee's terminal benefits including accumulated vacation leave. e. Emplayee Assistance/Decision-Making Leave - As an alternative to<.� or in concurrence with C.he above disciplinary steps, the Department Head and/ar �i.tY Administrator � refer an employee to the Emplayee Assistance ProQram for professional assistance. The Depar�men� Head and%or Ci.tY Administratar may also �rant a ane-day, paid decision-making leave to an employee prior to final action an demation or dismissai. f. Causes for Disciplinary Action. Evidence of any of the following acts sha11 be cause for disciplinary actian includa.ng reprimand, suspension, demotion ar d3.smissal: 1. Incampe�ence, inefficiency or negligence in the performance of duty. -2. Insuborda.nation, including, but not limited ta, refusal to obey an order which a supera.ar is entitled to give and haVe obeyed, or refusal ta do 13 ' ': i :� t ', assigned work whieh 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 r� 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 beverages. 7. Under the influence of those drugs prohibited by the City, State or Federal law while on duty without authorization by a licensed physician 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 F.� depravity. 10. Physical or mental defects which in the judgement of the City Administrator incapacitates the employee for the proper function of his . position. 11. Carelessness or negligence in the handling or control of City property. 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 City 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 Resolution. 15. Violations of written personnel or departmental regulations. Section 25. Labor Contracts. If any of the foregoing provisions of this 14 resalutian shall be inconsisten� with the grovisians of a union or other labor contract entered into by and between the City and a labor union ar other arganization an behalf of any City employees, such unian or labor contract shall be deemed determinative as �o any such inconsistent provisians. Section 26. Retirement. The mandatory r�quirement age for all municipal employees shall be 70 years of age. In special ca�es, work extensions to employees may be granted by the �s�a�� CitY Administrator after the age of 70 an a year-to-year basis, except that no emplayee shalZ work in a municipal position after the age af 7S. Extensians wi11 be granted beyond the age of 70 only when it is in the best interest of the municipality to do sa. Extension requests will be dealt with on the basis af the facts in each individual case. Department heads shall be consulted and any pertinen� facts regarding the work performance of the employee requesting an extensian of retirement age may be considered in determining disposition of his request. Emplayees desiring a work extension past the age of 70 shall submit the request in writing ta the �� City Administrator not iess than six (6} months priar ta their 70th birthday, In the absence of appraved work ex�ensions, emgloyees shall retire from employment not later than December 31, following their 7Qth birthdate, The CitY Administrator shall inform the CitY Council of a� retirement extensians �ranted. Section 27. Sexual Harassment. Sexual harassment has been held to be a form of sex discrimination, in violation af a person's civil ri�hts. Sexual harassment is defined as: I. �Unwelcomed or unwanted sexual advances; 2. Requests or demands for sexual favors; 3. Verbal abuse or kidding that is sex-arien�ed and considered unacceptable � another individual; 4. � type of sexually oriented conduct that would interfere with 15 another's work performance; 5. Creating a work environment that is intimidatin�, hostile, or offensive because of unwelcome or unwanted sexually-oriented conversations, suggestions, requests, demands, physical contacts, or attentions. � employee who feels that he or she has been the victim of sexual harassment in the workplace � file a complaint Per Section 22 of this resolution. � employee found u� ilty of perpetrating sexual harassment shall be sub_ject to disciplinary proceedin�s � Section 24 of this resolution. • Section 28. Equal Employment Opportunity. The City of Mendota Heights is an �.. — — ':s:: '• equal opportunity employer, and as such, these personnel policies are applied equally to all, without reQard to race, color, reliQion, aQe, sex, marital status, national oriQin, 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 preventing the impartial execution of the provisions of this resolution. ��. Section 30. Disclaimer. This Personnel Code is not a contract between the City of Mendota HeiQhts and its employees. The Code is sub_ject to chanQe without prior notice. Section 31. Effective Date. This resolution rescinds and supercedes Resolution numbers 73-93, 75-24, �x� 76-67, and 79-49, and shall be in full force and effect from and after its adoption. lb ��:: � Adopted by the City Council af the City of Mendota Heights this day af December, 1985, ATTEST� Kathleen M. Swansan, Ca.ty Clerk i� CITY C�UNCIL CITX OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor CITY OF MENDOTA HEIGHTS MEMO November 25, 1985 T0: Mayor and City Council FROM: Kevin D. e�] � City A nistrator SUBJECT: Request from Divine Redeemer for Ambulance Housing The Divine Redeemer A�bulance �vi.11 b� gi.�*iag up their service territory in the Apple Valley/Farmin�ton/Lakeville area effective January lst. As I previously informed Council, the new management of the ambulance service has committed to retaining that third rig in the service area, and they are inter- ested in housing it at our fire station. When this request first came to me, I asked the fire officers to discuss the pros and cons of having the ambulance rig in the station. Attached is a memo from Assistant Fire Chief John Maczko, providing their response. As you can see, they have raised a number of legitimate concerns, but indicated that they are willing to give it a one year trial period, with a review at six months. Under the current management of the ambulance service, I am confident that problems will be promptly resolved. I also agree with the fire department that a one year trial period would be a good way to find out whether we will all be able to "live together" amicably. Ambulance Director David Miller, and Assistant Chief Maczko will both be present at Tuesday evening's Council meeting to discuss this issue with Council. The purpose of this meeting will be for you to generally learn more about the proposed ambulance housing at our station, and to raise any concerns or issues you may have. If Council concurs that we should give it a try, you can direct staff to draw up a formalized agreement to be executed at a subsequent meeting. ACTION REQUIRED To discuss the proposal with the Divine Redeemer and Fire Department repres- entatives, and direct staff as to whether we�should proceed to execute an agreement. KDF:madlr attachment r N CITY OF MENDOTA HEIGHTS MEMO T0: Kevin D. Frazell, City Administrator FRUM: John Maczko, Ass't Fire Chief November 22, 1985 SUBJECT: Divine Redeemer Request for Ambulance Housing On Tuesday, November 19, the officers of the Mendota Heights Fire Department met with Dave Miller to discuss the request from Divine Redeemer Ambulance to house an ambulance at our station. . The officers asked Dave what "they" needed from us in order to put an ambulance here. Dave explained that they need: 1. A place to sleep 2. Showers 3. A place to cook and eat 4. Pots and pans S. Electrical hook-up in an engine bay for the ambulance He also stated that they would have to bring a direct phone line to the bunk area and the apparatus room. This would be done at their expense. Possible benefits to having an ambulance at the station would be: =<�' l. Quicker response to medicals in our City and the western side of West St. Paul. 2. They would be available to work with our firefighters in training sessions. 3. Better working relations and closeness to the f ire service. On Wednesday, November 20, this proposal was brought to the general member- ship by the officers for discussion. There was much concern about letting the ambulance come into our station. Comments were made by people who had heard first hand from other departments that had done this that we were asking for problems. Things that came up as problem areas were: l. Clea ning oF station ( a major concern). 2. Privacy. 3. Depreciation of department purchased equipment because of greater use. 4. Increased cost of upkeep due to greater use. After a lengthy discussion, it was finally decided to recommend to you that we give the ambulance a one-year trial period with a review at six months. We suggest that the City check into legal liabilities and additional insurance. It may also be of benefit totalk to the cities of Eagan and Apple Valley for their opinion, since .. w: - 2 - they recently have had Divine Redeemer ambulances in their fire stations. We would also like stressed that the City has no obligation to house the ambulance if it is decided by the general membership of the department or City officials that things are not working out. If you have any questions or would like to talk further about this before you meet with Dave Miller, please feel free to call. JM:madlr � �, � CITY OF MENDOTA HEIGHTS November 27, 1985 T0: Mayor and City Council FROM: Kevin D. F e�,�ity Administrator SUBJECT: Proposed Revisions to the Personnel Code INTRODUCTION Revising the Personnel Code was one of the projects identified in the 1985 budget. Over the past several months, I have worked with an employee's committee and the department heads to come up with a new code. The result of that effort is attached for Council consideration. DISCUSSION If there is a common theme to the proposed changes, it is expanding choices for the employees, coupled with personal responsibility for the choices made. This is as opposed to a more traditional approach that prescribes a given set of benefits and policies that treats all employees alike. � The attached revision is written in legislative form, deletions from existing policy are struck over, and additions are underlined. Rather than •� detailing all bf these changes in a memo, I will plan to give an oral presen- «� tation at Tuesday's meeting. PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION The most major change in the policy is the proposal to change from traditional sick leave to a new concept of Personal Leave/Extended Disability Protection (Section 11). I will offer a few written comments on that proposal. This proposal grew out of a number of concerns: l. The.existing sick leave policy rewards the sick leave abuser, while p� o��'d�i 1 tle benefit to the more conscientious employee. �-� -w �%`^,�-"' � � � `�� s"�,e'Q�'u ' C:�u.� R "�,`' ( � 0 , � 2. Mendota Heights has no severance pay plan for unused sick leave. The majority of cities in the metropolitan area provide payoff for a portion of unused sick leave (usually 1/3) upon separation of employment. 3. T`he City has no leave category available for unavoidable absences, except illness. Most prominent is snow days; the employee either uses vacation or takes it as a day without pay. _ I attempted to come up with a new approach that would address the above concerns, yet also provide.a net benefit to the City as well as to the employees. I believe the . Personal Leave/Extended Disability Protection is a good way to do that. In part, it �"� is modeled on programs adopted in Bloomington and Richfield. t,t� -2- Under the Personal Leave/Extended Disability Protection approach, the standa- 12 sick days per year would be replaced by 4 Personal Days, and 8 Extended Disabil days. Personal days would be available for any purpose, just like vacation. Unused personal days would also be paid out as a severance benefit. However, extended disability protection would be available only for longer- term illness, beginning on the fourth day of absence. For the first three days, the employee would be required to use Personal days or some other accumulated leave. Employees would benefit by enjoying more choices. The Personal days could be saved to protect against illness, or as a severance pay bank. Conversely, there would be an option to use some of the days for personal emergencies or needs. The City would benef it by a program that has a strong disincentive for the casual use of sick leave. Obviously, the employee who routinely uses up his "day per month" would now only have four such days instead of 12. Also, he would build up a protection bank for the serious long-term illness. Both Bloomington,and Richfield found that employees take less time off under the Personal Leave program. � . ACTION REQUIRED ;=� � w. Council action for Tuesday'smeeting should be to discuss the proposed amendments and come to a concensus on desired changes. A f inal copy will then be prepared for adoption at the December 17th meeting. KDF:madkr attachment �' � , CITY OF MENDOTA HEIGHTS MEMO November 29, 1985 T0: Mayor and City Council FROM: Kevin D. � e 1 C' y Administrator �- � � SUBJECT: Council Statement on the Southeast Area Amendments BACKGROUND At the November 19 meeting, Council directed staff to prepare a summary of the Southeast Area issue for submission to interested citizens. Council- members Blesener and Witt were designated to work with staff in preparing a draft for Council consideration. THE STATEMENT Attached is a proposed statement. I prepared the first draft, and it was subsequently edited by Jann and Liz. Since citizen concerns have tended to focus on specific issues, we felt that the "question - answer" format would be the most direct way to respond. The focus is as much on the "whys" as the "whats", which I believe is what people want to know. DISTRIBUTION Since the Southeast Area amendments and the Riley apartment project have become an issue of community-wide interest, it would seem to make sense to distribute the Council statement broadly. I have held up final printing and distribution of the Heights Hilites so that Council could have the option of including the statement as an insert. Estimated cost for the mass printing and extra postage is around $300. If Council approves this approach, the final copy for distribution would have an eye-catching keylined title and a more professional print style. ACTION REQUIRED To adopt the proposed statement, or some Council variations thereof, for distribution, and approve a method of distribution. KDF:kkh �i. � C�t of y Mendota Hei hts _ g , . „ ommun�t eve o ment Y p oc rant : . or .� � ort en t re et m roveme�ts p _ ,,.� a._..r. 'submitted to DAKOTA COUNTY H. R. A. November, 1985 '_;� ::; .� � � � .#,s' �� ❑ � � �: � Survey Su�n�nary 0 t�l�nd��ta 1{ciqhts P�orth Fnci (�t;sidents l. Sttrvey RCSUitS A. Date af Survey (3. t�umber of i7ouseiioicis in the north end of Mendota Neights C. t9umber of I�ouseholds surveyed 0. idumber of surveys returned E. t�umber of homeowners F. Number of renters G. P�tamber of househaids 1�elow prov�rty� N. Number of low-income households I. Number of moderate-income households3 J. fdumber of law and maderate-income households � (income eiigible}� K. Number of households abave moderate-income �, Number of elderly households M. tJumber of elderly households below poverty N. t�umber of low-income elderly households 0. Number of mnderate-income elderly households P. Number af handicapped househalds Q. Number of handicapped househalds k�elow paverty R, f�umber of 1 ow- i neo�ne hartd i capped hous�ho 1 ds S. Number of maderate-incame handicapped households T. tdumber. of dwelling units 1-10 year5 old U. t�urnber of dwelling units 11-20 years old V. Piumber af dweiling units 21-40 years old W, tJumber of d��elling units 41-60 years old X. tJumber of dwelling units 61+ years old a. Number of households indicating they would apply for financial assistance on the street assessments if they were income-eligible. b. Number of inGome-eligible households indicating they wauld apply far financial assistance on the street assessments. UCtObCr, 19�34 36 2� 2� �3 7 12 2 � 3 6 31 il 7 100% 55`' 97� 0; 5� �9� �T� 61% �� o __� lla J,�u 20� 3"� p ��,, ro _� ro 10� 53� � —I.2ro 4II ar $1".� 29 or 60 0 lDefined by the Office uf Management and Qudget For the entire United States. �Defined as less than 50% of the area median incame. 3Defined as between 5Q� and 80X of the area median income. 40efined as having moderate, iow ar poverty level income. �' J � - 2 - II. Stati;tical Conclusions c� A. There is a definite economic need for Community Development alock Grant funds as evidenced by the income levels of the surveyeci residents. Of the 59 surveys returned, 36 or 61% indica�ed their incomes to be at poverty, low or moderate levels. a. Since the north end area is more than 51% low or moderate-income, it would meet the area-wide l�enefit test for Corrununity Uevelopment alock � Grant (CUE3G) funds. Thi� rneans ttiat an application for fund; would be eligible and fundable under the CO3G program. � C. In the surveyed area, there is a definite interest in receiving Community Development alock Grant funds. Of the 5II respondents, 83� indicated intention to apply for funds if available. 0. Of those households indicating intention to apply for funds, 60% would be income-eligible. It thus appears evident that, if granted, tf�e funds would be utilized by nortfi end residents. E. The survey area has a high proportion of elderly residents. In Mendota Heights, 298 of 2210 (13%) households are elderly. Of the 58 Mendota Heights North End residents, 62� were elderly households. F. The survey area is composed of older housing. Of the surveys returned, 31p of the dwelling units were over 41 years old and 84X were over Z1 years of age. G. Nearly all of the respondents (97�) were homeowners. � ^ / .� �. CITY pF ST. PAU� =C___ -------� L 1 i.._ � Y'VLIJ .�r...� � �..� �.�!.J��::: $ T� ,��f��lvi��(v�1 �A1%E�NUE�. �'��-r— f � � ' � 1 1 1 1 - ��$-, // . ._ - .- - � -� _ j_ i ; .._ _ �� } . � , �-� : - -� � �:.r �:��,, �_1_1_�1.� �\�:�. r�:..;�:.�:�:�:�:�.:� ::::�:::�:� �:�::�::.:::.:�:= �G�,�::•� ., .. ___-r �-'-- --- ��ti ��v E r� U E� � k:�: �� ;��- � �. � 1.1_� ��:: � ��` �" � �1� i i_ _ _ y...:: �r : � :tr`� S7REE7 � � . .�� '�, pi� -- f '_,_,?"::`��'' EuGENiA ST. / _ MIF2IAM . ��i � �:: - :.r:. ! �� l/ Ci �\ 3 : � -- P � .l. tt' t� � I `��\`\�,�\ \ vQ� �(� � d �� // ...�--� O ��i� � Cc� / � � L '.� J~\\� i �� :�'L �c:c't'v c�t� Nt i:Nuc�'r�� r��c,� i't'S NOi�THEND STREET �s� s<}t,�n r>i.►l:� r>��V� n��:,a�f�a�:s ��,:n�..n��a,r��z>�.� (MPRQVEMENT PRQJEC1a � , � �►Y. ��`�,`' - .. �' = . . City of Mendota Heights Addendum to the Comprehensive Pian for the Sou#heast Area Prepared by Dahlgren, Shardlow, & Uban/Incorporated November 1985 � �►�ai� � i: •� i��i;�� • . . •�� i �� . Introduction • The purpose of this Add�d�m to the Comprehensive Plan for the South�.st -•� Area is to set forth the standards for the physical development of that { portion of the Mendota Heights {mown as the Southeast Area. This document is intended as a comganion to the original 1979 Compre�r�sive Plan, and � relies on its Goals and Policies in large part, except as specifically amended by this Addend�. The location of this area within the City is shown on the attached graphic, Ffgur�e 1: South�st Area I.ocation. Its boundary is delineated on Figure 2, Southeast Ar� Boundary, and is described as follows: ..;.�:. "Beginning at the southeast corner of the Corporate Limits of the City - of Mendota Hei�ts, then westerly along said Corporate,Limits to the centerline of the right-of-way of Interstate Highway 35E, then northerly along said centerline to the centerline of Mendota Heights Road, then easterly along said centerline to the centerline of Dodd Road, then northerly along said eenterline to the north line of the -� south half of Seetion 35, then easterly along said line continuing into Section 36 to the center point of Section 36, then northerly along the west line of the east half of Section 36 to the north line of Section � 36, then easterly along said-Section line to the centerline of Delaware Avenue which is the eastern Corporate Limits of the City, t11en southerly along said;centerline to the point of origin of this deseription, except those portions of the Haselberger=Addition and the Simek Rearrangement in Seetion 35 which fall within this description." � 5 Souti�st Ar�ea/ C�rehensive Plan Amen�t In additioii to the Goals already included in the 1979 �P��ive Pl,an the follo�ing goals are adopted Por the Southeast Area: 1. To pr�ovide a diversitp of hassing types Kithin the multifamily residential ac�s oP the South�st Area. Supporting Guideline: 1. Repetitive design of structures shall be limited to 150 units in a given development or on contiguous properties. - 2. ?o er�oo�u�ag� development �hich tirill be sensitive to the nat�mal 'x'=`:. beauty and terrain of the South�st Area. 3. To encourag�e development at an approprf.ate scale Por the area. Supporting Guideline: 1. Multiple family structures should be no more than 24 tmits per building, except by Conditional Use Permit. 4. To enc�u�age developmeut Whieh provides the opportunity for p�operty ' oFmership bp its resideats, this being r�eoognized as benef'icial to �� the oo�uiity as a Whole. :?: ':; : :•:. ✓; � 9 Sautheast Ar�! Com��sive Plan Amand�t LAj.bID IIS`E PL.AN 3 The Lancit}se Plan for the Sou�heast Area is hereby asnended aecarding to the pattern on the attached graphi.c, FigLu� 3, Southeas� Area Iand Use Plan:. The land use designations on this plan are as follows: !�i 1 �, Ii .�.� ..N_��l��l�'►+: The Limited Business area is intended primarily for office and sima.lar uses. The developments sho�xl.d emphasize well designed structures an adequate sites,with quality landseaping and parking areas on-site ta pravide an averall attrae�ive setti.ng, '.•: Where natural site features are to be preserved as part of the `}�'�`; : develo t or when a mixed use develo pmen , pment is proposed, this can best be accoumodated through the use of the PUD approach. HR-P�JD High Uensity Residential (8 t.mits/acre) The AR-PUD area.s are 5.ntended for a variety of housing types, including apartments, condc�minitms, �townhauses, other elust�,ered multi-family housing, duplexes, single family homes, and others. The deveiapments should work with the natUral features of the land in �F'.;��, the sita.ng of the bui].dings and should �mnhasize quality design and material.s, a variety of densities, and a scale appropriate to �he area and surrounding 1.and uses. These ideals can be aehieved best by using the PiJD, Planned Qnit Development approaeh, :•,. The overall densi'ty is guided for eights uni.ts/aere. The specifie _. .. density and developm�nt standards wi11 be outlined in th� Zoning Ordinance, under the R-3 District or the AR-PUD Distriet. I�t-PUD Medium Den.gity Residential (4 units/acre) The I�-PUD areas are intended for a variety of housing types, including apartments, eondaminiu¢ns, townhauses, other elustered multi-family housing, duplexes, single family homes, and others. Tl�e developments should work wi.th the natural features of the Iand in the siting of the buildings and shauld emphasize quality design and materials, a variety of densities, and a seale appropriaie to the area and surroundi.ng ].and uses. These ideals can be ,ae�ieved best by�_using the PUD, PZanned Unit Develapmerit approaeh. The overall density is guided for four units/aere.``�The speeific density and developc�ent standards will be outlined�in the Zoning Ordinanee, under the R-,2 Distri.et or the !�-P'UD District. Sautheast Area! Campz�.sive Plan Ame�ment LR-II LaW Den,sity Residential (2 ur�its/acre) The LR-II areas are intended for single fami].y homes at a relata.vely ' low density. Thi.s designation is between the existing LR Law Density Residenta.al and RR Rural Residentia]. in a.ntensity. � The developmen;ts shoul.d work with �he riatural features of �he land in the plaeecnent of the lots and �he hanes should emphasize quality desi� and materials. The overall density is guided for two unitstacre. The specifie density and development standards will be outlined in the Zoning Qrdinanee, under the R-1C Distriet. � � . 1. • � I I ly H 1 �__1 � � � �_ - /�/�{ I �e� V I � FW , 0�^y ' T-__- /( {-35W I . . i � .� I ; Fefcon'F�4e�Ma -�-- .. r-------- --- ---- f%� !� I _ � - . —i -� --� <� �'; � � I ' � � �.., r--I • �~�'� i �-- ' � St. Paul , .:, �� .� ,.o �� ,z . . . , . , � � CBD � - -- � ��. , ' inneapolis � . � � � � � CBD , � �M,.� , g , �-o. �-o. � W� M _ � Y�Wao A:� _ 1 �` V` . �a:; � � �•^: � : _ . . � � . , . � �-1 � � :, � + �..:�,. . --�= � � �-4�� • � +'` �'i --- � ' : �:<: � � y . �- I (� - :. , � �:: � : �� _ �. _ t � , Y:�-.`. � ' y �` •, I� � � l V "' � ,�,�,,,,.., � Weat 3t. PaW = �`. r ,�� . � �� Q. . Q � ' �( � 1 Tl1 t10 __ �- _ i rJ '>' � �—. � � 1 - �� .Y 8 I � � `�� • �'l` ; 5 Inter atior�(ai - ��^ t �� l� �. � I ° Air_.p rt � , � �.. .. — --- I-494 � � _ �s -:;x: o s. ��i:A. � S ut as A:r��. . ... � �;'��.� �....,...,.�.., .. o.. � � _ .:�1 �' ' trver Gro'v�= fie,«✓ •'i'A � � � � rvw.� Ooor M . �K':' I �./ 1 �� !^ '^j >�, 1 � i6 ' � i-asW f �ca� f I, !^v � � , }' / u� �� J � ,« � L;^� ' � 4 � i z � �- �. � . J� i � ; ��,,. � /^( , 1 �~` 1 �',` 1 1 1 _��__�_��_ . V1 � � �� • � � Bvn�v�. � � � Figure 1 Southeast Area Locatior� �_ __ s�_,�=-^- ..�^�i.`-" �`]=� _- - -- - "�..'�" - �e_. .. _ _ .. * . �"• 1t� - . � Q"_ "'^- ' - - - . _ ' '��.,�,w_ �'� , � �' � f�= __.. / �: ♦ r i ( /""..-`.`�--- -_--.-_ - --�^�'�' _.r, - ' ,$' t-=.: = - � I , /�(/ .1 �� ( � {�f l c MHj'• ` �' !� .R�B�._` + '"•Jf " ` � . .' �,��i'/ MEXD�KOT� GOI� GOiJRSE 9 COUNSA7 CLUb i � � � � � � �- � ' �°��} (` � � ' Mendota Heigh#s - � - - \ * . � ,: • ? l, , . �; i , �' ti � ! ir 1. � .i \ •` ' , ' � .. . . . .t,` . _ - 4 � s ' .. f: t' % t � Souti�east Area °� 1�< , _� � ..� ..��. _ : #' - ` %�i �. �.� ___ � - � .:; , 1�,.- -�-...: i� - -� ,:, .�. i' it ri i -- L.� _ ��o .:- - --- :(. .t. . � ---��(' � - . ��,_ r'. � -:.`,� :� : �i a .:. ; i •� `�a Figure 2 '. '��. � Lc. � � --- _ �'-j � y T= , ' ' � , Southeas# Area �� '�. � ' 'i�� _ _ 2 �t � 1 � ; � � . � �:� � � j,� � !� � _� �� ' � ; Boundary ,�f� � aisvoarc`��or. �l_• � ��'=_-_ � �,�..�� ' - 1 ' - = > � ' � O��r 400 SUO - 1 ' �;` ii,% �. ... � /I ' � - _ _� ,., < ' t , 1 � . • - _ ,.._._ 1 _ . . `�� • ... _.. �.... ... ... _ _ - ... � � � .. .... � _. .<,.. _ - i � „r,; . \ • , � .0 +it L,� _„ � i ��s. ___ i •2. :�.....:' ` _ 1 , ` i � �: \ . Y YAR'frl t � '� � V�( � ♦ �� \ �` 1 � ' . \ . . . �' .' : �:-, , _ -. �, ••;1\ ` 1 ruM � � �` � � � i � ` !.� _ �- �� ct�Cst�r \\ .. L`.-.: .a�.�. �L�__"'_ •�• � _�"" x• ' � \ �� 4�'.i'� �,�� +�°t �`L'�.W„ •. x F-r :• •} •, •• `� 1 �` .�`" � .� ,,,,- ' "---- � "T'..�" - oow--w+ctt- - ' �� • • � `� .' ��~� � ;,, `` � � 4=�' `\, �, t af' � %13,'. r r --F - � ��_ •i•..�;• •.. ' T,t �M�/ i�� .. dP\�� `1 1' l � _ir : i�. ` -- -� : �f-- . , ''•,:. �7.T tS ._r� ti' �:; `� ' �' /! ; ;j l�7'. 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I� ;y, l\y '• j �° �'k _' _.,..�" ' �t ��.. . � � � , , � , n ;..is ; r, y. � - •, -s�, „� s �., , , � d#' ��(�ota R '`� � �. ; �� 4 .�: `•, �1 f � � �` � � � � � � : i �' � ; 4 ; �, � ` •, ,=t.yli �. ss. � - ;�` , r r.' `. � 'iP';,. .�" ,�` "� •- -� �,�rt7��rr�\� I r� � ♦ ! 1 �..�r� ii d 1\� i. I~ � '. -- � � ' � ` � � �.� �� `�� x t . ~' " `!� _ '- = �' ` �� -�- `"_ ` t �"1 �� J � �_ ` J% !i ,� �� \ � `�� `� � � i A `!y'�t t��• { i ' ^�.� �.:.�r.._�"V ( ' �`�p' � r i� q ^ �� f - f'Nb_�_',�`�+V�1r� ��y � / � , �k � ' '1 � ; �'S# '�`Lt� �.i' �i i { �z � r«�= � . i4 � �/�it�f ��"� ! i'GL ,\ 5��,t�� '"'.� i� �� " r �*��^-_.�...� % _ A `J .'' '" �` 1`` _ �,; � � i �^�' _ ; ��, � P � � � �i . ,�r Y •7. �.... ... - �—_�_._ _.. ' _' �...� 1 I ` -�r' � - - -�_ � - -- -- - �.7PTE 11 � T RtF�.� D _ _ _�.j - 1 � � �i�'{ ' ' — _ '' � �_�� _ _ _ _ _ _ _ _ _ .�.�� . _ _ _ _ _ _ i � �' ..� _ '..,,�!' � � �y � . `� . � �+ . _ � . ' - . . •_��,`.�.„t-vt ` - "' ' " � t� t• ' � � �1 . ' � • . . � ' � /. . , i.�-'' ~ . . . . , ` ' , •' ^ • .� , . . �•� . �L' __.../'� • �'�': :1,�✓•:;'.?._.:, CITY OF MENDOTA HEIGHTS DAKOTAd,GOUNTY, MINNESOTA ORDINANCE N0. ___ AN ORDINANCE ADOPTING APPENDIX E OF UNIFORM BUILDING CODE SECTION 1. ADOPTION OF APPHNDIX E OF UNIFORM BUILDING CODE The City of Mendota Heights hereby adopts by reference Appendix E of the Minnesote State Uniform Building Code, one copy of which is filed £or re£erence and inapection in the of£ice of the City Clerk. Every proviaion contained in said Appendix fi is hereby adopted and made a part of this ordinance as if fully set forth herein. SECTION 2. IMPLEMENTATION AND ENFORCEMENT 2.1 The City of Mendota Heights shall implement and enforce Appendix E of the Minnesote State Uniform Building Code within the territorial limita o£ the City of Mendota Heights. ;:�;' 2.2 The Code Enforcement Officer apgointed by the City Council is hereby authorized to carry out the implementation and enforcement of the provisions of Appendix E and to delegate authority thereunder to any of hia subordinatea appointed aa such by the City Council. 2.3 Right of Entry. Upon presentation of proper credentials, the Code Enforcement Officer or his duly authorized representatives may enter at any reasonable time any building, atructure, or premiaes . in the City to per£orm the dutiea imposed upon him by the Appendix ,. .. E - SECTION 3. VIOLATIONS AND PENALTIES Any person, firm or corporation violating any of the provisions of this Ordinance ahall, upon conviction thereof, be fined e aum not to exceed SSOO.00 or ahall be imprisoned for a period not to exceed ninety <90) days, or�by both auch fine and imprisonment, plus the coats of prosecution in any case. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable ea such hereunder. SECTION 4. EFFECTIVENESS. This�Ordinance shall be in full force and effect from end after its publication according to lew. Enacted and ordained into an ordinance this Third day of December, 1985. ' " - CITY OF MENDOTA HEIGHTS By-- - --- ----------- -- ------- -- ----- ATTEST: Robert G. Lockwood, Mayor ------------------------------------ Kathleen M. Swanaon, City Clerk } r A Statement t3y the Mendota Ileights CiLy Council Concern�inb Comprehensive Land Use Changes in L-he Southeast Area Articles in Lhe HighliLes detai.l changes �he City Councit recenLly nk�de Co the Comprehensive Land Use Plan for. the "southeast" area o.0 the CiL-y. Many citizen concer.ns and qu�stions have been raised during this amendment process. We hope the following answers some of the most common ones. 1. IJHAT IS THC COMPR�F[CNSIVE PLAN AND IIUIJ DOES IT RELATE TO ZONING? The Comprehensive Plan is just that, a long-range plan For development of the City. It designates areasfor high, medium, and low density residenL-ial as well as for industrial and commercial uses, plus parks. It also deals with streets, sewer and other public improvemen�s. The City has had such a plan si.nce the 1950's, with the most recent adopteci in 1979. LJhile the Plan is a genera:l document, the City's zoning ordinance regulates specific land uses. �., a.on��—mt�s� o�. �^^��; �,,,. :.�n �,�-�- �u;�. I3oth the Plan and zoning can be changed by a 4/5's vote of the City Council. p��,vru� 2. WHY WAS IT NECESSARY TO CHANGE �G-"THAT HAS BEEN IN PLACE FOR 30 YEARS? 30 years ago, interstate freeways and overflights by jet aircraft were almost unknown. Certainly few foresaw how drastically they would impact urban development patterns. �as-�.-.Git�Cau- , ven as late as , c F�a�-g . �-�� .,��`.:�� .^.�..�. While Mendota Heights has always had a close proximity to the rest of the metropolitan area, accessibility has been limited. The community enjoyed a relative isolation that did not chal- lenge the validity of la d.�e designation. � The opening of I-494 and I'-35E is changing this dramatically. For better or worse, the community has a new visibility and desireability that is increasing pressures to develop vacant land. For example, the City of Eagan plans over 4.5 million square feet of office and commercial space immediately south of 494, between Dodd and Delaware. With the 500+ acres of land in the Southeast Area as the major remaining virgin area in Mendota Heights, the Council felt it prefer- able to take a proactive approach to planning. 3. WHAT IMPACT DO AIRCRAFT NOISE REGULATIONS HAVE ON THIS PROPERTY? Approximately 55% of aircraft operations from Mpls.-St. Paul International fly over an industrial corridor of southern Mendota Heights/northern Eagan. Mendota Heights has lobbied to keep planes in this preferred corridor and away from residential areas to the north. The Metropolitan Council has adopted Guidelines for Land Use Compatibility with Aircraft Noise for communities surrounding the airport. Noise Zone IV, in which residential uses are "conditional," takes in much of the Southeast area, extending well north into Friendly Hills. Conditional uses are to be allowed only if the City requires a specified level of exterior-to-interior noise reduc- tion and restriction of outdoor activities. The Council felt it more realistic to impose such restrictions on multiple structures, than on single-family homes, even though it does increase the number of people in the impacted area. 1 While these Guidelines do not h�ve the Force ot law, noise regula�ions under + consideration by the Minnesota PolLurion Conrrol Agency (MPCA) do prescribe City tiability for failure to prevent no�ise incompatable development. 4. WHAT ABOUT T'FI� IMPACT OF I-494? I-494 recently opened to Dodd Road, and will be completed east in the fa.11 of az 1986�:` The freeway is, of course, imm�diately �conti,guous to the Southeast Area. Like airplanes, freeways create noise. In fact, the MPCA noise regulations discussed above would also apply to freeway noise. The Minnesota Department of Transportation (Mn/DOT) discourages a� r.esidential development along freeways,r preferring commercial office uses. . ' er � tm--��.-�-;.�U�2J��--c�► �'_h��s . iN a� �., � 5. BUT AREN T THERE OTHER A�AS O�F MENDOTA HEIGHTS WHERE NEW HOMES ARE BEING � BUILT ALONG 35E? ^Yes, a limited few. We hope that doesn't prove to be a mistake in the long run, nor does it mean that we should compound the problem of incompatibility by' allowing it to happen on a whole new tract of land. Also, the other areas don't have the "double-whammy" of freeway and airport noise. 6. , WON'T THIS INCREASE IN DENSITY MEAN MORE TRAFFIC IN SOUTHERN MENDOTA ' "'"HEIGHTS? Yes, but not nearly as much as most people imagine. Existing zoning would allow 634 single-family housing units. The adopted Plan amendments will allow about 360 single-family homes and 905 multiples. Single-family homes generate an average of 10 trips per day, multiple units 6 trips per day. Therefore, the relative trips are 6,340 for existing zoning:and about 9,000 under the amend- ments. Major streets in the area have more than adequate capacity to handle the load, except that the 149/Mendota Heights Roa� ight have to be signalized at some time. .�'�, 7. WILL THE INCREASED DENSITY MEAN NE�J UTILITY LINES AND STREETS? Trunk sewer and water lines, as well as streets are already in place or planned. They have more than enough capacity to serve development denser t �n that.approved by the Council. All public improvements are paid either with(/5tat� �ch;�or with assessments against the benefitting properties. %°`°v,�.�T^�.,�.,�;L-�*-uc� �i. WHAT ABOUT THE IMPACI' ON CITY SERVICES i.e. police, fire, etc. ? Th�re is no~denying that new development r.eyuires the City to expand i.ts services; that would be true even Eor at1 single-family development. The im�or- �ant question is wheth�r it will pay iLs own way. Ti�e answer is yes! A City statf report showecl that any development scenario will �ay more in taxes than it requires in services. Single-Iamily homes under existing zoning are closest to a � break-even leve7., with neL t�x benefits generally incr.easing as single-iami.Ly �� , homes are replaced by ap�r.CmenL's and offices (west of Dodd). Some have also questioned impact on the public schools. Fligh-quality multi- �developments clo not usually attract many families wirh school age children. � 2 : 9. IC WE AR[: GOINC TO 1{AVE MULTI-I�AMILY IIUUSINC, CAN I`f 131; OWNCR-OCCUPICU ONLY'? ��,,r Probabl.y nol:. In the same way you can rent your home to someone else, a _L developer has a right to either sell or rent hi.s uniCs. `E=hti.ar-�--�i:s� -na�-lega�l- �Y � re�rt-a�-.hau��l�g.� /V''G'ri`'w� 10. UOES Tf1IS ML•'AN T(i� CITY WILL START INCREASING DENSITIf�S IN OTfiER ARI�AS Of� THE, CITY? ��-��s�-d��.r9 The decision L-o make d nsity c anges in �he SoutheasL area was �i.n response Lo the unique impacts of 494 nd aificrafl noise. Uuring the pasL year, �he Counci.l has rwice been asked to subdivide proper�ics in existing large- loC neighborl�oods, and has unanimously rejected those requesLs as being inconsis- tent with the charact�r of Lhe neighborhoods. Each plannin�; case must be con- sidered on its own merits, but changes in the Southeas� Area ar.e not a precedent for. other neighborhoods. 11, IJHAT ABOUT PROTCCTING THE CHARACTCR OF TFIC SINGLI�-['AMILY NCIGHBORHOODS NORTIi OE TNC SOUTHLAST AREA (i.e., Friendly Hills, Delaware Crossing)? Protecting these neighborhoods has always been the primary concern of the Council. Early in the study, Council indicated that it would not consider any land use north of Mendota Heights Road other than single-family homes at densi- ties similar to the existing neighbors. This includes the properties shown for a public school and park. Should those lands not be put to those uses, the under- lying single-family zoning will stand. 12. HO[d DOES THE RILEY A1'ARTMENT PROPOSAL FIT INTO ALL OF TEIIS? Mr, Riley originally pr.oposed a development of 592 apartment units south of . Mendota Heights Road. They would have been in eight 75-unit buildings. Such a plan clearly is not consistent with the restrictions incorporated by the City Council into the Southeast Area amendments. At this time, Mr. Riley has yet to present a plan that will be approved (it requires 4 Council votes); it is not known whether he will do so. 13. MR RILEY REQUESTED FINANCIAL ASSISTANCE THROUGH MULTI-FAMILY HOUSING BONDS. WHAT ARE THESE, AND DO THEY MEAN A TAXPAYER SUBSIDY FOR PRIVATE DEVELOPM�NT? These are tax-exempt municipal debt obligations issued in the name of the City of Mendota Heights. Tax-exempt means the person who buys such a bond pays no federal or state income tax on the interest income. The investor is therefore willing to accept a lower interest rate. The developer gets his financing at several percentage points less than the conventional market. The bonds are repaid by a mortgage on the apartment development. These are not general obli- gation bonds, so �ven if the developer defaults on the mortgage�ity h�s n-� � �ig�tion o 1e�D'�'"'xes to pay the bonds and would not do so' �c�,�-.�!..,�-,u., �� h Plulti-Family Housing Bonds, like all municipal bonds, are taxpayer- subsidized, in rhe sense that the Federal and State treasur.ies lose revenue they would otherwise obtain if the investor instead cho�lse a taxable investment. In exchange for the tax-exemption, the federal government requires that 20% of the unirs be reserved for 10 years for rental to persons whose income does not exceed 80% of the median income for the Twin Cities metropolitan area. Cur.rently, that income restriction for a family oE Lwo is approximately $27,500. At any rate, iL- 3 is not a direcL- subsidy by the taxpaye.rs of Mendota }le�ights. : The devetoper has argued that the b�low marketing financing wi11 enable him to build a higher quality project. The City Counci]:� has been divided 3-2 (,C-.�nm:�,r-v- V!—T?'_=��.d.is-se��i�-} as to whether to provide $10 million of financ- ing f or 14$ apartment units. The City did issue �11 million of these� bonds in' 1983 for the 225 unit Lexington Eleights projer_t. • 14. WASN'T ALL THIS DONE JUST TO ACCOMMODATF DEVELOPERS? � �- .�-.�. . No. The City Council first identified the Southeast Area study as a prior- ity project around May lst. Specific development proposals were nor filed until after that date. In fact, the Council has held developers at bay for several months while the planning effort went forth, and the resulting Comprehensive Plan amendments include many restrictions not in the developer's interest. 15. �SO IN SUMMt1RY, WHAT DOES THIS N�AN? The Southeast Area study effort was initiated by the City Council, not the developers. After several months of study, the Council came to the conclusion (unanimously and upon recommendation of the Planning Com mission) that a change in pla nin for the Southeast Area was necessary. Because of the combined impact of 494._ nd aircraft overflight, it simply did not seem realistic to believe that anyone would develop or purchase single-family homes souCh of htendota Heights Road. In addition, to allow such development on that land would undermine the City's ability to argue that planes ought to stay in that preferred corridor, versus flighting further north over existing residential areas. Th� Council also feels that encouraging some diversity of housing types will provide alternatives for residents who want to stay in Mendota Heights, but no longer want or need a single family home. The Comprehensive Plan amendments adopted by the Council contain strin- gent restrictions, and maximum Ci.ty review and approval authority. High- density areas are limited to 8 units per acre and medium-density toa4 units per acre. The average density south of Mendota Heights Road from Dodd to Delaware is 6 units per acre. This compares to a density of 2.32 unit�s per acre in srandard single-fam.ily zones. The avera�e high-density district in the:,,�1'win Ciries area is 15 units per acre. The Council believes that through careful scrutiny of individual proposals, devetopments south ot Mendota lle.ights Road can be made compatible wi�h both the 494/„ ai.r� ort impacts, and the rest of the City. �.� KDI�:madlr C�! 0 Visitation Monastery 2455 Visitatian Drive Mendota Heights, Minnesata 55220 James E. Danielson, P.E. Public Works Qirector Engineering Offices - City of Mendota Heights 750 South Plaza Orive Mendota Neights, Minnesota 5512Q Subject: Watermain Assessments Jpb No. 8317B Improve�ent Na. 83, Project No. 7B Dear Mr. Danieison, I wish ta canfirm receipt af your letter dated November 19, 3985 concerning the taxation for the water main assessment for the Ellen C. Gott property which we have recently purchased. We do not have any unusua2 circumstances which would cause us to ask you to vary from past policy concerning this matter. We understand that this means that the deferred assessments on the E1len C. Gott property which we now awn, wili be certified to at the County in 1986 with installments or total payment due at tax time in 1987. Sincerely, S i s �-E=tr `�-�Cc..r�'j �-.e-n r,S2.. 1!'� �I� a .-r� � � �"`l / ' Sister Mary Denise Villaume, UNM President � � CITY OF MENDOTA HEIGHTS MEMO Dec�nber 12, 1985 T0: Mayor, Ci�ty Council and City '�t�or FROM: James E. Danielson Public Works Director SUBJECT: Street Lighting DISCUSSION . Because the December 3rd meeting ran long., the street lighting discussion was tabled. Please bring your memo from that meeting to this meeting. � JED:madlr