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1985-09-03� 0 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA SEPTEMBER 3, 1985 - 7:30 P.M. 1. Call to Order. � 7: a � 2. Ro 11 Ca 11. � CtiC� -�a�1�,,�'- 3. Agenda Adoption. —' � 4. Approval of Minutes, August 6. —f� 5. Consent Calendar .— � a. Acknowledgement of the August 28 Planning Commission Minutes. b. Acknowledgement of inemo on Selection of Public Works Superintendent. �c. Acknowledgement of Code Enforcement Monthly Report for August. d. Approval of the List of Claims. �e. A�ppro al of the List of Licenses. �'. 4 7Y�ly� , � End of Consent Cale dar 6. Public Comrnents and Requests a. Citizen's Request Concerning Level of Roger's Lake. '��'� - 7. Response to Public Requests =�°� a. Stop Sign Request Clement and First Avenue) - Attached Ordinance 8. Bi d Awards� Publ i c Heari n s'��` %�� �'.,t„�, Amendi ng Ord ` No. 1113 ��.`�` �"_''��`-�-- a. Bid w rd for Mendota Heig ts ad Con truction y� �s-- - ��.,,� � �, . ��,, �,�� — �/ � a, ���. � f- b. Public Hearing on proposed 1986 Budget and use of General Revenue S�r,ing�� _ �/�� � �- �v � 9. Unfinished and�New Business �� � /� a. Plannin Commission Case No. 85-21, Eileen F. 0'Rourke, Request for Subdivision Repeal, Recommend Approval) - Attached Resolution. —�� � b. Plannin Commission Case No. 85-17, George T. Spanjers, Re uest for Pr 1 i mi nary P1 at, R o m d pproval ). — y� ,7'',,,,�,/— � �,/Gy/, ti�/ ` ,.�,1 ' �/�G/`� 4 Y � c. Plannin Commission Case No. 85-25, Stephen G. Hunt r, Request for y , ari ance, ecorr �en pprova l� ,/� �_� � � � 31�� . �'' .�„y �-� 3 ,r�o� � d. Pla in Commission Case No. 85-26, Ray A. McLevish, Request for .��- Variance, Recommend Approval . ,� September 2, 1985 Agenda Page Two e. Lake LeMay Flooding. - �,i. � � f. Curl ey Addi ti on Bi ke Trai 1. ����1 a,� � i�� . /�'� g. Zaspel Easement — /9 ,y�� h. Barton-Aschman Contrac .- /� � � �-``,�" i. NSP Propo�ed le tric te Increase.�:�^ ������ s��� / `* '`�✓ j. Fair Labor S andards Act ( LSA). —� 10. �Council Comments and Requests � 11. Closed Session to Consider Purchase Offers for Wachtler Park and Fischer redevelopment proper„ties. � ,: L �� 12 . Ad j ou rn . ���^ �r, �� `� T: s�s ��` � �� e�:-� ��� � — 7:4c� �. �:3s "' ��P. — .� .�-,�.�--�.y�,. � . �. � _ ��-� �� � �� ,P��- � � � ��� .. � � �-.�.�� � . � . � �. � � ' , . .. 0 . . � �� ��� ���� ����� C�� � �� � 1��� . AUG 2 2 �9�5 C�J r!���CL�: ZSJ ,�1 �� � �.;�G�2.. ��21�n, , . G{� ..���u ��c� ��, � .��� �. �.�.� �,�'-�-- . . . .. .. . � . . . .. :: ,. � :: .-:r� �i�., �'�+� � ,�`2c;c,�,� 1��Pi . . . . . . . . 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Berg Code Enforcement Officer Case No. 85-23, Tandem Corp./TCH Development Corp. Rezoning, CUP for PUD, and Subdivision Approval for Mendota Farms Tandem/TCF Development Corp. have applied for a CUP for a PUD. In addition they are requesting a rezoning and subdivision review and approval They propose a three-phase development of 137.52 acres of land into 181 lots. They have worked with staff and affected residents for several months to develop the plans as presented. The entire piece of property is presently zoned R-lA. Therefore, the first step that staff will address is the rezoning to R-1. REZONING The applicant has addressed all the requirements set forth in the ordinance with the exception of architectural elevation drawings. Staff feels that because of the type of development, it would be unreasonable to require the developer to provide those elevation drawings and recommends waiving this requirement. CUP FOR PUD AND SUBDIVISION The developer proposes to have many of the lots contain less than 100 feet of frontage. However, all lots exceed the minimum 15,000 square foot area requirement. In lieu of requesting variances for the substandard frontages, the developeriis requesting a PUD approval. The developer has submitted all the required documents to satisfy the ordinance. Staff has reviewed the documents and finds them in order. One item staff has noted is that the project name relates to Mendota, not Mendota Heights. The �ev�ioper stated that he will change the name in the final documents. Park dedication needs to be worked out with the Park and Recreation Commission. ACTION REQUIRED Conduct the public hearing to consider the rezoning and PUD, and subdivision, and based on input from the public and commission, make a recommendation to the City Council. - The Fire Marshal has not objections provided that there is an adequate water supply for fire protection. JED/PRB:madlr � � CITY OF i*fEi�tt}4TA HEIGHTS DAKOTA GOtTNTY . MINNESOTIt APPLTCATION FOR CQNSIDERATIQN 0 F' PLANNTNG R�QUEST Applicant Name: Lee C}. LasC FirsC Address: 1690 University Avenue, #180 St. Pau1 Number & SCreet City Te2ephone Number: �$�+-���0 Owner Name: Cen�re Pointe South Last First Address: 1690 University Avenue, #180 St. Paul t3umber & SCreet City Street Location of Property in QuesCian: � Lexi.ngton and 110 Legal Description of Property: See At�ached Legal. Description. (:.;t s e [v o . .�J c,y� DaCe of Application 8/22/85 Fee Pa id X;1�"'3 33 f i3� �a �� 4.�.c�z . �'/3 � .G 3 Lar�*y Znitial MN 55104 S ta te Z ig Initial MN 55104 State Zip Type of Request: X Rezaning Variance Conditional tlse Permit CondiCional Use Perrnit for P.U.D. :*Iinor Canditianal ilse Fermit _ • ' Subdivision Approval Plan Approval W�t].ands PermiC � Other � Applicable City Ordinance Number Present Zoning of Property: BlA Present Use of Property: Vacan� Proposed Zaning of Property: Proposed Use of Property: : Business Center Section Number of people intended to live or work an premises: 1,000+ I hereby declare that alZ statements made in this request anfl an the additional material are true. � • Si�nature a App�.icant fi-22-�}S Date Received by (title} NOTE: The following plans shall be drawn and attached to this application. A. Applications involving a Variance shall submit the following plans: Date Received Znitial 1. Site Development Plan 2. Dimension Plan 3. Landscape Plan 4. Grading Plan B. Applications involving a Rezoning, Corrditional Use Permit or Subdivi.sion shall submit the following: l. Sketch Plan X 2. Abstractors Certificate �� (If the subdivision inval.ves cutCing of existing parcel into Cwo or more lots). C. Applications involving a Wetlands Permit shall submit the following: l. A full & adequate description of all phases of the operation &/or propased physical changes. 2. A topagraphic map of the area. Contour intervals shall be drawn at two {2} faot intervals at a horizantal. scale of 1" = 1,Q00' or larger. 3. A detailed site plan of the proposal showing proposed drainage, grading & landscaping. 4. A site design map showing the location of existing and fuCure man-made �eaCures within the site and to a distance of five hundred (50q) feet surrounding the site. ,=w.+ h{,��' '�a .�:M�.1Yr�' :.� ., . r. �% .( ' �. j 'Y . �- . _R.i r. c!. y j, >,� . t�, . � . �,I�.: . -',- . '�••;:,�.r„_`g; • '--,�s .�-- �-�!-,-:',. � ; . 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'� � � _.'~ - � ' :.: � � � ; L� e._.,. . •.�. •,: • , _ � • . �. : �;. � ,..�,; s„ : ' ' ' • ir�!''1 _ i � .�� � �.i «' 'i ...�.+ v. �, ' -.Y . � •,�. �•{��+�+ �«L ��.. -- •M�• _ �i, •K•,%iy'iri�F�, _ f.�:v�'• ':J�Wv}�r� ,�� . 'Y��_ �..4`.� � . �I`f��r+.�Y�w�Y:i` =� T'µ �i_y'�'. � ..'i� r�+� :ti+.+�4.,'.'�_ ' _'•�� •�• � y ,�r`. �, ' i�.��� �s �� �:•rr..�•: ,� s. :.r• � -`:'i�,.�:a: � ' �`' `r .'�i �•' • -'. • �; � � z��_-- __:;�`: r:' : � .; .K •:�.;; :�- <:-�`.�s:.. : c�':. � � � '� 'n -.' .:- . � Signature �o pplicant� -;�=r ~.:}_ .�:�r.` w . • _ `'Y �_ _T ,.jt..``� .,� ,,,4��:<:�.�..�...»,t � t� ' �...,—.'+r�,�t'r-i.��....� ._ .�_,';_.�.��;�".��, '�,..tiw-��'�'t� r�'-i�-.Y'S; •.• '�4.� � ; �•� . :x.�M ~ _ r::C` _ •.r '. ±'�"'� '. ^'>,„,F;�,y� 'r`: � ,. " ^ . . - .. ..ry � . _ , ..,...�...._.. c C :'r��t . � � i:;; • - . �� 1. � 'i,• . �� � �� '�%>�... � + , •w .',L • : _ `i�J i�- �` ••• ` ~ � . J. • ;� •. . ' . I � . � • i ' � r. �. ' .' i� .. , . � ' . ' . �i.� _ � � � . � - ' • . � ' � . � � � •• Y " - , 4����: . �`•. • :.�� '''.. ' ��,,,j;�,�'�'�` �„�..i Date r,._... +�='�.,,.'�.":'�.o�'~.i.� :;a'-�3�5-�2'�,� :;4 - � '.. ' ' ._ � . __._. . _.. ___. - - -_... . �.._� ...__.._ _ • : . ._ _ .�._._�._ _. - . . .. _ � . - Received by (title) � � ' • � . , . • � -- . . ' • --- ' ' � NOTE:� Tlte following pZans sha12 be drawn and�attached to this applicatian: A. Applications involving a Variance shall.snbmit the following plans: Date Received Initial 1. Site Deveiopment P2an __ - . 2. Dimension Plaa • - �� •- • _ • 3. Landscape Plan 4. ' Grading Plan • - _ � B. Applications 3nvolving a Rezoning, �onditiona2 Use Permit or Subdivision shalZ submit the following: _ 2. Sketch Plan X � � 2. Abstractars Certificate ��� � (Zf the subdivision involves cutting of existing parcel into �wa or more lots). C. Applications involving a Wetlands permit shall submit the follawing. . 1.. A fu1Z & adequate description of alI phases of the aperatian �jar progosed . physical changes. � 2.. A topographic map af the ares. Contour intervals shall be drawn at•two (2) � f oot ir►rervals. at a hoziz+�sttal scale of .1" = 1,000 • or larger. 3. A detail.ed site plan of the proposal showing proposed drainage, grading 6 landscaj 4: A site design map shawing the lacation o£ exiating and future maa-�made features within the site and to a distance of'five hundred (500) feet surrou�ding the site, WILLIAM L. WILSON Councilman � CITY OF SAINT PAUL OP`FICE OF TAP� CITY COUNCIL August 22, 1985 Mayor Robert Lockwood Mendota Heights City Hall 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mayor Lockwood and Members of the City Council: As you are for an elec trie consu writing is impacts of out if you palities to MARK VOERDING i.�atai8ct�e n;ae aware, Northern States Power Company has filed a request .ric rate increase of 13.4� per cent which will cost elec- �ers an additional $129 million each year. My purpose in ,o ask if you, as a public official, have considered 'the his rate increase in your co�anunity, and secondly, to find are interested in joining a consortium with other munici- challenge this request. We in St. Paul are very concerned about how the proposed increase affects residential users, particularly since it follows on the heels of a requested gas rate increase. These users will be especially hurt because they will carry a greater portion of the rate increases (15.05% compared to 13.44� overall for electricity, 8.89� compared to 7.05� overall for gas). Because of our concern, we have already intervened in the gas rate case, and support for this action has been overwhelming. Beyond this, the proposed electric rate increase will have an adverse impact on city budgets. We have projected, for example that it will cost St. Paul an additional $400,000 per year to operate street lights, traffic signals, water pumps and other electric services. Of particular concern is NSP's proposal to eliminate the pumping class for large municipalities. � To assist you in evaluating the NSP rate increase on Mendota Heights, I have enclosed rates of comparison which apply to municipal services and comparisons of present and proposed residential, farm and cocrgnercial rates. Finally, I propose that, as concerned cities, we join together as a consortium to intervene in this electric rate case. NSP's proposal should have similar effects on all cities, so it is appropriate to join together, and, if a number of cities become involved, the cost CITY HALL SEVE:NTH FLOUR SA1NT PAUL, MINNESOTA SS102 612/298-4646 �46 would be low. There are a number of ways in which the consortium could be set up to allow for participation by individual municipali- ties as well as members of the Suburban Rate Authority. Please let me know as soon as possible about your concerns regarding this electric rate inerease. At this time, I am not looking for a commitment or the organizational structure, but rather your interest and ideas. � Respectfully,r ,-1 , � , / •� '�I , /,� � / fti-�l/�'ii" ' ���`-' r/ William L. Wilson Councilman WLW:jca Enc. NartBen St�tes torer Cav�att (Mieaesot�) Electr u UtilJtY - St�te o( qinnesol� SUHMAYf OF EIECTYIC SAIES IND YEVE►IUE INCtEASFS - PiOPOSEO lest Yur Eadiep SeDle�Der 19bL ' Ivefl4t Service Scbedule Custour Qeside�ti�l Aesideoti�l Serriu 800,378 Yesideati�l Service-i0D 63 Fu� Serrice l,039 Duil Fuel Se�rice 2J7 � SuDtol�l Q09,p7 Couerci�l �ad ladustri�l ------------------------ Sull ie�er�l Serrice 55,76/ S�all ieaeril Serrice-TOD 2.386 Geue��l Service J2,559 ieaer�l Service-TOD 112 Pe�k lalerruDtiDle Serrice 10 Eaer9rCoulrolled Service I D�recl Cur�eet Se�vice IClosed) J6 Subtol�) 90,910 OtAer S�les to 1uDllc 1utlorlties -----------•--------------------- Sull puoiciD�J Pu�Dia9 Service 1,128 MuaiciD�l luapiny Ser�ice (Gocelled) )25 Nicotlel M�ll Service-Mpis 2 Fire � Civil Def Siren Service /27 St. 1etAony F�IIs lotk iad Du 1 SuDtot�l 2,283 Streel ud Ira li9htiap Streel liyAtinp-Co�p�nY O�aed 90] . Streel liq9tiay-Custo�e� U�aed 11) Aulo Prolective Lightiag 2l,3)0 t Subtot�) 22,990 iot�l tel�il 925,660 Serricr Caaectia+ ievenue l�te P�r�eat Yeveaue Tot�l 1eve�ue Suuer C�Icul�ted leveaues (0o0's) - -------��M-------- S�les IIWNI Suuer Yinler Aaau�l lacre�s� --------�------------------ --------------------- ------------------'--- ------------------------ ---------------•- Y�ater /nau�l Ireseat Provosed Ireseot Iroposed Preseat Provosed laouat ►trcenl 1,7f2,310 3,551,010 S,7A,]2l t116,677 i137,890 =209,283 t237,1�2 f325,960 t375,022 ' i19,Ob2 IS.OSI 21) 711 ' 950 15 11 I) 10 52 S7 S 9.S2I 57,710 I/6.IYD Y06,1/) 3,62� 1,2)3 Y,021 0,062 11,i17 ll,ll5 I,IBB 12.761 l0a 3,158 3,266 ] S 100 106 !O7 Ill U 7.77i 1,Y50,70/ 3,703,10& 5.55].691 t120,]11 t111.195 t2U,Nl f2/L,110 t3J7,762 i788,�25 tSO,Sb] ll.f7t 152,/6D 330,029 /82,189 �10,290 t12,205 f2U,393 32],I1/ t30,68) =35,619 =/,l3� IS.09I O,lll 1/.191 12.J25 175 525 790 Y56 l,265 I,JAI 11� f.l7i 3,797,508 �,970,N6 l0,767,955 177,890 l99,518 292,))I 331,995 170,661 531,SIJ �0,852 l2.9Ii Y20,181 1,503,983 2,)21,167 26,863 31,099 /9,95] S],566 J6,81� �1,665 5.619 ]./21 101,325 98.203 199,528 J,]19 �,816 , 7,39B Y,766 10,7/) 12,182 1,/3S l�.76I 1,199 2,010 ],209 33 J� 56 �3 09 101 12 13./11 /� 125 l66 20 �1 /2 /1 �2 ' 65 7 5.I2I /,oB0,9S1 Y,910,88Y 1],199,01] t220,920 t217,22Y f371,/03 i119,10/ t592,7Y3 t665,S26 t1J,403 12.76t t,671 • 6,075 Y,706 Y),00J 1N.02] 23I.026 230 �,Y7/ 1,101 553 557 Y9,Ob1 151,5Y5 Y11,369 59,220 E1,515 72,/89 15),121 19,901,311 �t157 . t196 =J21 t799 i171 f595 t121 25.12i /,100 /,685 �,233 7,268 10,333 11,95] 1,620 15.pI 11 1J . 19S 221 2DJ 2]1 2J !].13I ] N l5 17 22 15 3 13.61I � 12 S 12 � 92.961 i1,271 11,901 t6,771 l7,917 111,012 t12,819 t1,77] l6.09I ' : ., f8,928 t9,586 f65Y ).3)I 2,911 J,274 356 12.29I 1,506 2,J78 2)2 10.Y5I t11,716 115,636 t1,288 Y.98t t955:/75 t1�082�ID6- =lY6�B31 1I.2)1 i1,210 12,97� i1,736 12,755 i1,121 t766 t959,00 f1,068,103 i128,933 13./II --..._.. ---•--...-- •------- ---•--•- ----• ...... ........ m ►d W (D O (~D � M �+ N I ro[� N 1 r � Narthern Sta�es Pawer Cam�ny (M) Exhibit (PJZ-I) ` �` Electric Utility - State o� Minneso�a Schedul.e � ., CQMPARISON OF PRESENT AND PROP05ID RATES Page I. of 16 PRESr.'"I�1T PRt1POSID RESIDENTIAL SERVICE Custamer Gharge $3.St3 54,50 Ener�y Charge: (cen�s per kWh} Winter: First 1404 kb�7h 5.22 6.30 • , Ex�ss kWt�i 4.36 4.88 S�maYtez: All kWh • 5.71 7.11 Ft�,: Winter/Sisnmer - per kwh .339j.336 .00Q/.00p Gonservatian Rate Break i0 or iess kWh per day 53.50 $4.50 10.1 - 13.3 kWh per day $1.75 $2.25 RESIDENTIAL TIME OE DAY SII2VICE . Custaner Charge $3.50 $4.50 TOD Metering Cha�rge $3.i0 �4.55 �ergy Charge: {cents per kWh) On-Peak ' Win�er: All kWh� 7.76 IQ.82 St�mer: All kWh ' 9.3I. I3.36 Off-Peak Win�er: All kwh 3.35 3.10 - S�nme� : All kV3t�t 3.35 3.14 E'�'+,: Winter/SuRmer - per kWh .339/.336 .000/.OQO Conservation Rate Break 10 or les� kWh per day � $3.50 $4.50 1.0.1 - i3.3 kWh per day 51.75 $2.25 ENE.RU"Y-�CANTROLLED DUAL �'UEL SERViC:,' Custaner Charge $1.75 $2.00 Energy Chargez (cents per kWh} Stanc3ard: AIl kWh 2.83 3.21 Optional: Winter � 2.83 3.21 .� 5�er 5.71 7,11 'EC.��: Winter/S+smzer - per kWh .339/.336 .OQO/.000 . •t • 0 Northern States Power Comgany (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota Schedule 5 CAMPARISON OF PRESIIVT AND PROPOSID RATFS Page 2 of 16 PRFS"r.NT PROP06r� RESIDENTIAL DUAL EUEL SPACE i�ATING.SERVICE -�NCII�LID TO ENERGY-CONTROLLED DUAL FUEL SERVICE- ESnen?y Charge: (cents per kWh) All kwh 2.83 FG�,: Winter/S�atmer - per kWh ' .339/.336 LIMITID OFF-PEAK SERVICE ------------------------ Custamer Charge Single Phase $2.00 Three Phase $3.00 ' Monthly Minimun Charge Single Phase Three Phase Energy Charge: (cents per kWh) All kWh . $6.00 $8.00 2. 50 E'C�,: Winter/Sutmer - per kWh . .000/.000 AUTCMATIC PROTDCTIVE LIQiTING SERV�� Area IInits � 100 W High Pressure Sod iiun $5 . 90 $6. 70 250 W High Pressuze Sodiun 8.85 10.55 175 W Mezcury (Closed) 5.90 6.70 400 W Mercury (Closed) , 8.85 10.55 Directional Units 250 W High Pressure Sa3 iian $11. 25 $13. 00 400 W High P�essure Soditan 13.50 16.00 400 W Mercury (Closed) 11.25 13.00 _ . . 1 MW Mercury (Closeci) 19.95 24.40 FCA: Winter/Suamer (cents per kWh) .339/.336 .000/.000 Northern States Power Canpany (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota Scheduie 5 COMP_ARISON OF PRESENr APID PROPOSID RATES Page 3 of 16 PRESENT PROPOSr.�D FAId�! SERVICE Custaner Charge $4.00 $5.00 Energy Charge: (cents per kWh) Winter: First 2000 kWh Excess kWh S�armer: All kWh EC.�: Winter/S�atmer - per kWh 5.22 • 6.30 4.36 4.88 5.71 7.11 .339/.336 .000/.000 Conservation.Rate Break 10 or less kWh per day ' $3.50 $4.50 10.1 - 13.3 kWh per day $1.75 $2.25 3�SALL GENERAL SERVI� ---------------------- Custaner G'�arge $4.25 $5.45 Energy Charge: (cents per kWh) Winter: All kWh . 5.22 6.30 S�mer: All kWh 5.71 7.11 FC�,: Winter/S�mer - per kWh .339/.336 .000/.000 SMALL GENERAL TIME OF LIAY SERVICE � .._.._....,.-------------------------- Custaner Charge TOD Metering Charge Enezgy Charge: (oents per kwh) On-Peak Winter: All kWh Summer: All kWh Of�-Peak Winter: All kwh S�atmez: All kWh $4.25 $5.45 $3.40 $5.00 6.68 9.21 7.63 10.77 3.55 3.13 3.55 3.13 FC�: Winter/S�mer - pez kWh .339/.336 .000/.000 DIRD�T CURRF�IT SERVZCE (CLOSID) Custaner Charge $4.25 $5.45 Denand Charge per Month-per kW of connected load Energy Charge: (cents per kWh) Winter: All kWh Summer: All kWh e.�-. . �o: .. a... _ /c. ..._... _ ..,,� u?�. $2.25 $2.25 5,22 6.30 5.71 7•11 ��o � »� .nn� i. nnn � � Northern States Power Ccmpany (M) Exhibit (PJZ-1) � Electric Otility - State of Minnesota Schedule 5 • COMPARISON OF PRESENT AND PROPOSID RATES Page 4 of 16 � PRESENr PROPOSED GEDIERAL SII�VICE Custcmer Charge $16.00 $23.80 Demacx3 Charge � Winter: First 100 kW $4.76 $6.55 Exc�ss kW 4.55 6.55 S�nner: First 100 kW • 6.26 8.05 Excess }dnl • 6v05 8.05 D�nand Voltage Disco�mts: All KW • Primary $0.40 $0.55 Transnission Transfo �ned 1a20 Transnission 1.75 1.80 , Energy Charge: (cents per kWh) All kWh 2.50 2.84 Energy Voltage Discounts: All kWh ' . Primary 0.06 0.07 Transnission Transfoaned 0.11 Transmission • 0.13 0.14 E'C?,: Winter/S�utmer - per kWh .339/.336 .000/.000 � 0 Northern States Power Canpany (M) Exhibit (PJZ-1) Electric IItility - State of Minnesota Schedule 5 • COMPARISON OF PRESIIVT AND PROPOSr:D RATES � Page 5 of 16 � � + h PRFSEI�TP PROP0.Sc'� GEDIERAL TIME OF DAY SERVICE Customer Charge $16.00 $23.80 TOD Metering Charge $5.90 $6.45 DEsnar�d Charge - On-Peak Wintez: First 100 kW '. $4.76 $6.55 Excess }d� 4.55 6.55 ��mer: First 100 kW 6.26 8.05 Excess kW 6.05 8.05 Off-Peak •. All kinl in Excess � , of On-Peak kW $1.75 $1.80 Denand Voltage Discounts: All F�n] pr��y 50.40 $0.55 Transnission Transfoaned 1.20 • Transnission 1.75 1.80 �iergy Charge: (cents per kWh)� On-Peak: All kWh 2.85 3.26 Off-Peak: All kWh 2.19 2.47 . Energy Voltage Discoimts: All kWh Pr��y 0.06 0.07 Transnission Transfoaner3 p.0 Transnission 0.13 0.14 F(�: Winter/S�mmer - per kWh .339/.336 .000/.000 � Northern States Power Ccm�ny (M) . E�hibit (PJZ-1) Electric Utility - State of Minnesota Schedule 5 COMP.�,RISON OE PRFSII� AND PROPOSID RATES Page 6 of 16 PRESr."NT PROPOSED PFAK�ONTROLLED SERVICE Custaaer Charge $16.00 $23.80 Fiun Denarrl Charge Wint�r: First 100 kW $4.76 $6.55 Excess kW , 4.55 6.55 S�sner: First 100 kW 6.25 8.05 Excess !dd 6.05 8.05 Controllable Dsnand Discount Al1 kW � $2.00 $2.00 D�narr7 Voltage Discounts: AlI kW Primary $0.40 $0.55 Transnission Transfoaned 1.20 Transnission ' 1.75 1.80 Controllable Service Interruption Credit all Voltages per kW per Month $1.00 $1.00 Energy Charge: All kWh Energy Voltage Discounts: AlI kWh Pr imary Transmission Transfoaned Transnission EC�: Winter/Sunner - per kWh 4 " 2.50 2.84 0.06 0.07 0.11 � O.I3 0.14 .339/.336 .000/.000 � � 0 Northern States Power Canpany (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota Schedule 5 COMPARISON OF PRESENT AND PROPOSID RATES Page 7 of 16 PRFSEI� PROPOSID 'M � PFAK-�ONTROLLID TIME OF DAY SERVI� Custaner Charge $16.00 $23.80 Time of Day Metering Charge . � $5.90 $6.45 Fian Denar�d Charge On-peak peziod denand � •� Winter: Eirst 100 kW $4.76 $6.5� . Excess kW 4.55 6.55 Siatmer: First 100 kW 6.26 8.05 Excess 1d�T 6.05 8.05 Controllable Denani Disoount • On-peak period: All Denar�d Fian/Controllable: Off-peak per iod demar�d in ex�ss of on-peak period denand - per kW Denand Voltage Discounts: All }d�7 Primary Transnission Transfo anFx3 Transn iss io n Controllable Service Interruption Credit all Voltages per kW per Month Energy Charge: All kWh (cents per kWh) On-peak . �_.. Of f-peak Energy Voltage Discounts: All kwh Primary Transnission Transfo �ned Transmission $2.00 $2.00 $1.75 $1.80 $0.40 1. 75 $1.00 2. 85 2.19 0.06 0.13 - $0.55 1.20 1.80 $1.00 3. 26 2.47 0. 07 0.11 0.14 Fc�: Winter,'Sunner - per kWh .339/.336 .000/.000 Northern States Powpx Com�xiny (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota Schedule 5 COMPARISON OF PRESENT AND PROPOS� RATFS Page $ of Z6 PRFSEIJr PROPOSr."D PEAK INTERRUPTIBLE LAR� GENERAL SERVICE (CLOSID) Custaner Charge $255.00 $255.00 . Denaryd Charge On-peak period denand , $3.10 $4.53 ' Off-peak period danar�d in.excess of on-peak period danar�d - per kW $1.55 $1.80 � Denand Voltage Diswunts: All EQnT Primary $0.40 $0.55 Transnission Transfoaned i�, 1.20 Energy Charge: All kWh (cents per kWh) � On-geak� 2.78 3.26 Off-peak 1.82 2.47 , Energy Voltage Discount: All kWh Primary . _ 0.06 0.07 Transmission Transfoaned t� 0.11 E'C�: Winter/S�a�ner - per kWh .339/.336 .000/.000 � � Northern States Power Cam�ny (M) Exhibit (PJZ-1) .. Electric Utility - State of Minnesota Schedule 5 "` COMPARISON OF PRF,SII�IT AI�ID PROPOSID RATES Page 9 of 16 PRFSEI� PROPOSr'� "' ENERGY�ONrROLLED SERVICE (Present shown rates are Oil Int�erruptible) . . Custaner Charge • $255.00 $23a80 Time of Day Metering G'�arge t�, $6.45 Fir•n Demand Charge On-peak period denand $3.10 $4.53 Fian/Controllable: Off-peak• pe=iod denand in excess � of on-peak period ' demand - per kw $I.55 $1.80 � Dena� Voltage Discounts: All F�nT Primary $0.40 $0.55 Transnission Transfoaned 1.20 �, Transn ission I�, 1. 80 Enezgy Charge: All kWh (cents per kWh) On-peak I.97 3.26 Off-peak . 1.82 2.47 Energy Voltage Discount: All kWh Primary 0.06 0.07 Transnission Transfo aned 0.11 Transnission I� 0.14 E7nergency Service � All energy used during the Controll� Period - per kWh 15.1 9.64 E'CA: Winter/S�mner - per kWh .339/.336 .000/.000 � No�rhern States Power Cam�ny (M} Exhibit (PJZ-lj Electric Utility - State of Minnesota Sc:�ec3ule 5 COMPARI5CN OF PRF.SEIVr AND PROPOSID FAT�5 Page 10 of 16 PRESENr PROPOSED 4IL ZKrERRUPTIBLE LAR� �NERAi. SERVICE _......__...�........___».._......_.._....__....___...._�.. - C�NCELLED TO ENERG'��ONTROLLID SERVICE - Custaner Charge $255.00 t�, Time of Day i�ter ing Charge NA t� Fiacm D�nand G`�arge pn-geak period denand $3.10 I�, Firm/Gantrollable: Off-peak period dananci in �cess of on-�aeak period d�nar�d - �r kW S1.5� NA Demand Voltage Discounts: All KW Primary $0.�#0 t�, Enen3Y Cha�ge: AII k'Wh (cents per kWh) On-peak � 1.97 I� Off-�eak - 1.82 1� Energy Voltage Discount: All kWh Primary 0.06 NA Ilaergency Service All energy used during the Contralleci Feriod - per k'Wh Z5.1 NA • E'C�: Winter/Su�ttuer - per kWh .339/.336 .000/.Q04 � Northern States Power Canpany (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota Schedule 5 COMPARISON OF PRFSIIVT AI�ID PROPOSID RATES Page 11 of 16 PRESENT PROPOSID STREET LIGHTING SERVICE ----------------------- COMPANY OW[�D E�008 OVERF�AD 70 W HPS 100 W F-iPS 150 W i-II�S . 250 W F�S 400 W I�S i�009 CUSTOM UNDERGFtOLTrID � 70 W EIPS 100 W HPS 150 W EIPS 250 W HPS COMPANY (7W[�tID (Closed) I�108 OVERHFAD . 175 W MV ' 250 W MV 400 W � MV 700 W MV I0�0 W MV 200 W HPS 2500 L INCD E48EH0 -1 FLR E72H0 -4 FLR $8.90 9.15 10.15 12. 65 15.45 '12. 30 12.55 13.55 16.05 9.15 10.15 12.65 18.00 21.45 12.15 9.00 11.40 17.80 $9.60 9.90 10.80 14.10 17.80 13.35 ' 13. 60 15.45 18. 65 � 10.10 11.00 14.40 21. 80 25.55 13.50 9.20 11. 60 18.70 �•�", i�109 CUSTOM UNDERGROUND (Closed) 175 W MV 12.55 13.80 250 W MV 14.05 15.70 0 :� � 0 Northern Stat�es Power Can�xiny (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota . Schedule 5 ' COMPARISON OF PRFSENT AND PROPOSID RATES Page 12 of 16 PRFSF�iP PROPOSID STREET LIQiTING SF�tVICE (continued) CUSTOMER OWNID K5009 ORI�,I�NTAL Group I 250 W MV 400 W MV 100 W MV 175 W MV 250 W MV 400 W MV 700 W MV 1000 W MV 175 W MV 250 W MV 400 W MV 250 W HPS 70 W EIPS 100 W HPS 150 W I�S 200 W HPS 250 W EIPS 400 W HPS 1000 W I�S 400 W HPS Group II 100 W MV 100 W ,1V 175 W MV 250 W MV 400 W MV 70 W F�S 100 W I�S 150 W HPS 200 W F�S . 250 W HPS 400 W HPS � hQt AN AN AN AN AN AN 24 24 24 hQJ AN AN AN AN AN AN AN 24 MN AN AN AN AN AN AN AN AN AN AN 0 $3.35 4. SO 2. 85 3. 60 4.50 6.70 10 . 75 14.30 5.35 6.95 10.65 4.50 3.15 3.55 4.15 5.00 5. 75 7.85 15.85 1. 85 2.35 3.10 4.00 6. 20 2.15 2.55 3.15 4. 00 4. 75 6.60 $4.00 5. 80 3.25 4. 25 5. 50 5.15 13. 40 17.90 6.35 8.55 13.00 5.05 3.55 4.05 4.85 5. 70 6.75 9.10 19.70 14.13 2.30 2. 95 3. 95 5.20 7.55 2. 80 3.30 4.10 4. 95 6.00 8.20 _ Group III 175 W MV AN .3.45 4.15 250 W MV AN 4.35 5.40 400 W MV AN 6.25 7.85 100 W HPS AN 3.15 3.80 150 W I�S AN 3.75 4.60 200 W HPS AN 4.60 5.45 250 W i�S ' AN 5.35 6.50 400 W HPS AN 7.30 8.70 0 Northern States Power Can�ny (M) Exhibit (PJZ-1) Electric Utility - State of Minnesota �Schedule 5 COMPARISON OF PRESII� APID PI�OPOSID RATES Page 13 of 16 PRES"r.NT PROPOSID � STREET LIQiTING SIItVIC� (continued) �UST�MER (7�lt�TID (continued) Gzoup IV (Closed) 100 W MV AN 175 W MV AN 250 W MV • AN 400 W MV AN 70 W I�S AN ' 100 W i�S AN 150 W HPS AN . 200 W I�S AN 250 W HPS AN 400 W I-iPS AN 1000 W HPS AN � 55 W LPS . AN 180 W LPS AN - 6000 L INCD AN 100 0 W i�i , AN F72H0 -2 ELR KT008 Traffic Signal CUSTOMER aWt�D (Closed ) KS109 ORI�MENTP,L 1000 L INC� 2500 L II�D 4000 L INCD 6000 L INCD 10000 L INCD • 15000 L II�D ' F48IIi0 -1 FLR F72H0 -1 ELR F72Fi0 -2 FLR F72H0 -4 FLR F72EH0 -1 FLR F72EH0 -2 FLR F72EH0 -4 FLR E7?.gi0 -2 ELR 2/Z F72EH0 -4 FLR 2/2 • F72EH0 -2 FLR AN AN AN AN P�N AN AN AN AN AN AN AN AN 24 0 $1. 50 2.35 3.20 5.10 1. 00 1. 40 2.00 2. 70 3.45 5.30 12.30 1.00 2.80 4.50 12.25 2.45 1.60 2. 40 3.40 4.65 6.00 8.50 11.70 4.55 3.45 4. 50 7. 70 4.65 6.65 12.05 6.80 10.55 10.10 $1. 90 2. 95 4.05 6.�0 1. 20 1.75 2.50 3.40 4.35 6.75 15. 65 1. 20 3.55 5. 70 15.60 3.10 1.90 2. 80 4.15 5.75 7.45 10.60 14.60 5.15 3.95 5.20 9.10 5.45 S.OS 14. 90 . 7. 80 12.90 12.25 v. � Nor�hern States Power Canpany (M) Exhibit (FJZ-1) - Electric IItil.zty - State of Mit3nesata � Sc'�ec2ule 5 COMPARIS4N OE PRESIIVT AND PROYOSID RATES Page 14 og 16 PRFS�,NT PROLaOS� � STREET LIGHTING SII2ViCE (continued) CITY OF ST. PA(JL KS2Q9 ORI�.MENTAL . ?SO4 L INGD AN $2,24 $2.75 4000 L ItVC� AN 3.40 4.30 100 W MV ' AN 1.50 1.9Q 175 W MV AN . 2.35 2.95 250 W MV AN 3.20 4.05 � 400 W MV AN 5.14 6.50 , 700 W MV AN 8.55 10.90 ?4 W HPS A[d 1. QO 1. 25 I.00 W HPS • AN I.40 I.75 15Q W F�S AN• • 2.00 2.50 ' 250 W HFS AN 3.45 �.35 400 W F�S AN 5.30 6.75 100 W HFS 24 2.50 3.1.0 • 7.50 W E�S 24 3.55 4.54 55 W LPS AN 1.04 1.25 90 W LPS AN 1.65 2.Q5 135 W LPS AN 2.25 2.85 180 W LPS AN 2,80 " 3.55 .. I�20$ OVERi�D ' I.75 W MV 5.25 6.30 254 W MV 6.10 7.40 4q0 W MV 8.65 10.50 100 W HPS 4,34 5.05 �• � 150 W HP5 4»90 5.85 2S0 W HPS 7.00 8.45 KY000 qRi�II�,I�ENTAL - METERID ENERGY ONLY Cnstanez Charge $4.25 $5.45 Energy Charqe:(c�nts per kWh) 3.I0 3.7Q • � 0 � � Northern States Power Com�xiny (M) Exhibit (PJZ-1) , Electric Utility - State of Minnesota Schedule 5 COMPARISON OF PRFSENT AND PROPOSID RATES Page 15 of 16 ' PRESE�IT PROPQSr.'� ,..,, ' SMALL MUNICIPAL PUMPING SERVICE ......___....__----_..,.__..__.._..___..__ Custanes Charge $4.25 $5.45 Energy Charge: (cents per kWh) . Winter: 4.21 5.63 S�a�ner: 4. 71 6. 43 • E'C�: Winber/S�mIIner - per kWh .339/.336 .000/.000 MUNICIP_a,L FUMPING SERVICE ,._..__.._.._......_......___.._......_ - CANCELLID TO �NERAL SERVICE - Custaner Charge $16.00 I�, Demand Charge Winber: First 100 kW $4.76 I� Excess kW 4.55 i� Siu�ner: First 100 kw 6.26 r� Excess kW 6.05 1�, Danar�d Voltage Discounts: All FQnT Pr imary $�.40 I�1 Energy Charge (vents per kWh) All kWh 2.50 t� �ergy Voltage Discount: All kWh p=��y 0.06 t�, F�,: Winter/Su�¢ner - per- kWh .339/.336 .000/.000 0 � , f i Northern States Power Canpany (M� Exhibit (PJZ-l) Electric Utility - S�ate o:E Minnesata Schedule 5 COMPARISQN OF PRE.a'�ENT AND PROP05� RATES Page 16 oE 16 •• •�•• DI� EIRE AND CIVZL DEE"EIVSE SIREN SERVIC� ..___...._......r._....__....__......__r......_...._.._ Monthly Minimun Charge: $2.40 $2.75 Rate per month per horsepower af connected capacity $4.47 $0,54 NICOLLET MALL �NERAL SERVICE (CITY OE MINISEA�,PC)LIS } Manthly Minimum Charge: " $2.40 55.45 Ene�gy Charge {cents per k't�7ii) All kWh � 4.7I. 5.69 E'c�: Win�er/Su�nner - per kWh .339J.336 ,000/.000 EXCESS ENIIZGY - ST. ANTHONY FALLS LOC:CS AND DAM Denarx3 Charge: ' per kW o� d�and which is in excess of the de�nar�ci to be furnish� without charge $1.25 Energy Charg�: (c�nts per ]�Wh) per kWh supplied during t% contrac� yeaz in excess of the annual enezgy constanption to be �urnished . wi�hou� cha�ge � FC�'�,: wint�rJs�a�ner - p�r kwh $2.25 1.00 1.9p .�00/.000 . STANDBY aERVICE RIDER Custaner Chazge I�, $Z.00 Dana,r�d Charge: per �Month per kW af Con�zac�ed Standby Capacity Secor�d ary Vol tage Serv ice t�1 Przmary Voltage Sezvice � t�i Transnission Transformed Voltage Service t�, Transnissi�n Valtage 5ervice I� $1. 95 . l. 60 • 1.10 Q. 65 � TANDEM/TCF, CASE NUMBER 85-23, 23 August 1985 Page 3 It would appear that a possible point of principal access could be arranged opposite Montgomery Drive at the north boundary of the plat near the Center. This provides access to an area of high land that may be considered usable access by the general public directly off of � Hubert Drive at a more appropriate location to serve the Dodge Nature Center facility. C. Trail System. The explanatory text submitted with the application by the Developers makes reference to a proposed trail system as indicated in "Figure 5". Fi�ure 5 and other figures referred to in the Report are not attached in the copy submitted to the staff for review. We have called the Developers in an attempt to clarify this situation and will try to get more information from the Developers on this point prior to the Planning Commission Hearing. Though we have discussed a need for consideration of a trail system within the proposed development with the applicant, no definitive drawings have been reviewed or discussed. Delineation of such a system is such an important element of the development proposal, particularly if there is to be no public park dedicated for neighborhood playground purposes. 2. You will note from the review of the preliminary plat that the average lot size is 17,773 square feet, but some of the lots have frontage less than 100 feet as required in the R-1 zone. In view of the overall density, we suggest this is not particularly crucial and may not even result in smaller homes being constructed. You will recall that the smaller lot sizes (10,000_square feet) replatted in a portion of Friendly Hills several years ago did not result in particularly smaller homes. Most of the lots in this rolling and well-ponded area are very desirable, and provision for some smaller homesites will provide for some diversity in ultimate occupancy. Approval of the smaller sites can be handled as a planned unit development approval or as variances to the individual lots under the platting regulations. Depending upon the outcome for a requirement for additional park dedication, a portion of the southerly part of the plat may be considered for the inclusion of some townhouse units. This compensation for density could aceommodate more land for park dedication and, as the Developer suggests, could be negotiated. Thus, handling the total development as a planned unit development has some merit. S3• Representatives of�the Tandum Corporation have informed us that a recent meeting was held with nei�hbors to the proposed development. They suggest a general level of acceptance on the part of the nei�hbors. Hopefully, it will be reviewed and expanded on by neighbors at the Public DEM CF, 85-23, 23 August 1985 Page 4 Hearing. The applicant's principal coneern, at this time, is acceptance of Phase I of the plat so that initial construction for streets and utilities can be started this fall. Thus, the Planning Commission and Council may wish to consider general acceptance of the Preliminary Plat, Land ` Use Change, PUD, and Rezoning concept�form with definitive action on Phase I only. This may allow time for the Park Board review and settling of the park's dedication question prior to final acceptance of the southerly portion of the development. �. Any approvals may be subject to final solution to the concerns outlined and final engineering details. City Engineering Staff will prepare preliminary plans for public roads and utilities eonstruction. Hence, construction this fall would include only the Phase I area whieh consists of approximately the northerly third of the development as submitted. 5. The Developers have just informed us that copies of the exhibits indicating the trail system were deleted from the initial reports submitted to the City. Application material sent to the Planning Commission and Council will include these exhibits, though we have not seen them as yet. � ' k. PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1985 85-23 Tandem Corporation and TCF Development Corporation Principally East and South of Hubert Drive, West of Delaware Avenue Approval of Rezoning from R-R to R-1, Conditional Use Permit for PUD, and Subdivision Approval 1. The property consists of 137.53 gross acres, which 32.19 acres are ponding areas. The proposal is to develop a single family area consisting of 181 lots, for which the average lot area would be 17,773 square feet. The Comprehensive Land Use Plan indicates the property as rural residential, and the land is zoned R-1A which requires �0,000 square feet per lot. Thus, consideration of the proposed development involves an amendment to the Land Use Plan and a rezoning of the property to R-1 (15,000 square foot minimum lot size). As you know, the property in question is part of the over-all Southeast Area Study currently under review by the City Planning Commission and Council. In each of the Scenarios indicating a series of alternative land use density projection, the area of land in question has been shown as suggested maximum density of 1.6 units per acre gross density. The development proposes that 1.32 units per acre of net density, exclusive of public streets, is at 1.51 units per acre. Thus the density of the proposed development is within the guidelines suggested in the Scenarios of the Study. Attached are drawings submitted by the applicant and a rather complete, explanatory text deseribing develop objectives, planning, and deseription of the proposal. We have reviewed preliminary and alternative plans for the site with the developer on several occasions and are in general agreement with the development pattern as proposed. We have some concerns, however, in several specific areas: � TANDEM/TCF, CASE NUMBER 85-23, 23 August 1985 A. Public Parks. Page 2 The Comprehensive Plan indicates the area proposed for a public park on the preliminary plat submitted between the ponds easterly�of the alignment of Decorah Lane. The Comprehensive Plan, however, also recommends provision for a neighborhood playground facility in an area approximating the center of the site. The plat does not make provision for such a neighborhood playground, and we are concerned about providing facilities for the new neighborhood children and adults for active recreation. An alternative, as suggested in our Southeast Area Planning Studies, was to combine the two playgrounds shown in the southeasterly part of the City into a single neighborhood park which could be located on or near the south boundary of the Tandem Development proposal. We feel this is a very impor as once the land is pl� playground in the future wi is in the process of hir consultant to work with t recreational needs in this � criteria that we have used � the past is that each approximate three-eighths i facility to serve immediat nearest playground facility end of Friendly Hills, overloaded if no additiona] provided in the southeaster: in any given community � adequacy of provisions facilities. To date, the providing for such facilit growth. The provision for Dlav field facilities on thE tant consideration in as much tted the development of a 11 be impractical. The City ing a parks and recreation ze Park Board to study the art of the City. The general n the planning of the City in site should be within an iile radius to a playground e neighborhood needs. The is the park in the easterly which we sug�est will be neighborhood facilities are y area. The._quality of life s greatly effected _ by the for parks .and recreation Community has done well in ies in areas of development :he two large-scale community Walker nropertv to the north and the school board property to the south-will, in our opinion, provide a much needed community-wide play field facilities. However, it is questionable whether or not these large-scale parks will adequately serve in terms of convenience or accessibility the new neighborhoods projeeted for the southeast area in the contemplated land use density patterns. B. Dodge Nature Center Access. The preliminary plat indicates a cul-de-sae to be projected at the northwest corner of the plat. The location and form of this access should be carefully considered with the Dodge Nature Center people prior to plan approval. It would° appear that this aceess may not be an appropriate principal access to the Nature Center, though vehicular access for other purposes at this point may be desirable. � PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1985 85-23 Tandem Corporation and TCF Development Corporation Principally East and South of Hubert Drive, West of Delaware Avenue Approval of Rezoning from R-R to R-1, Conditional Use Permit for PUD, and Subdivision Approval 1. The property consists of 137.53 gross acres, which 32.19 acres are ponding areas. The proposal is to develop a single family area consisting of 181 lots, for which the average lot area would be 17,773 square feet. The Comprehensive �Land Use Plan indicates the property as rural residential, and the land is zoned R-1A which requires 40,000 square feet per lot. Thus, consideration of the proposed development involves an amendment to the Land Use Plan and a rezoning of the property to R-1 (15,000 square foot minimum lot size). As you know, the property in question is part of the over-all Southeast Area Study currently under review by the City Planning Commission and Council. In each of the Scenarios indicating a series of alternative land use density projection, the area of land in question has been shown as suggested maximum density of 1.6 'units per acre gross density. The development proposes that 1.32 units per acre of net density, exclusive of publie streets, is at 1.51 units per acre. Thus the density of the proposed development is within the guidelines suggested in the Scenarios of the Study. Attached are drawings submitted by the applicant and a rather complete, explanatory text deseribing develop objectives, planning, and description of the proposal. We have reviewed preliminary and alternative plans for the site with the developer on several occasions and are in general agreement with the development pattern as proposed. We have some concerns, however, in several specific areas: � '"� � TANDEM/TCF,�CASE�-NUMBER 85-23, 23 August 1985 A. Public Parks. P�a g e 2 The Comprehensive Plan indicates the area proposed for a public park on the preliminary plat submitted between the ponds easterly of the alignment of Decorah Lane. The Comprehensive Plan, however, also recommends provision for a neighborhood playground facility in an area approximating the center of the site. The plat does not make provision for such a neighborhood playground, and we are concerned about providing facilities for the new neighborhood children and adults for active recreation. An alternative, as suggested in our Southeast Area Planning Studies, was to combine the two- playgrounds shown in the southeasterly part of the City into a single neighborhood park which could be located on or near the south boundary of the Tandem Development proposal. We feel this is a very impoz as once the land is pl� playground in the future wi is in the process of hir consultant to work with t recreational needs in this F criteria that we have used � the past is that each approximate three-eighth�s i facility to serve immediat nearest playground facility end of Friendly Hills, overloaded if no additiona] provided in the southeaster: in any given community i adequacy of provisions facilities. To date, the providing for such facilit growth. The provision�for Dlav field facilities on the tant consideration in as much tted the development of a Ll be impractical. The City ing a parks and recreation ze Park Board to study the art of the City. The general n the planning of the City in site should be within an iile radius to a playground e neighborhood needs. The is the park in the easterly which we suggest will be neighborhood facilities are y area. The quality of •-life s greatly effected by the for parks .and recreation Community has done well in Les in areas of development ;he two large-scale community Walker propertv to the riorth and the school board property to the south will, in our opinion, provide a much needed community-wide play field facilities. However, it is questionable whether or not these large-scale parks will adequately serve in terms of convenience or accessibility the new neighborhoods projected for the southeast area in the contemplated land use density patterns. B. Dodge Nature Center Access. The preliminary plat indicates a cul-de-sac to be projected at the northwest corner of the plat. The location and form of this access should be carefully considered with the Dodge Nature Center people prior to plan approval. It would appear that-°��his access may not be an appropriate principal access to the Nature Center, though vehicular aceess for other purposes at this point may be desirable. TANDEM/TCF, CASE NUMBER 85-23,'23 August 1985 Page 3 It would appear that a�possible point of principal access could be arranged opposite Montgomery Drive at the north boundary of the plat-near the Center. •This provides access to an area of high land that may be considered usable aecess by .the general public direetly off of Hubert Drive at a more appropriate location to serve the Dodge Nature Center faeility. C. Trail System. The explanatory text �submitted with the application by the Developers makes reference to a proposed trail system as indicated in "Figure 5". Figure 5 and other figures referred to in the Report are not attached in the copy submitted to the staff for review. We have called the Developers in an attempt to clarify this situation and will try to get more information from the Developers on this point prior to the Planning Commission Hearing. Though we have discussed a need for consideration of a trail system within the proposed development with the applieant, no definitive drawings have been reviewed or discussed. Delineation of such a system is such an important element of the development proposal, particularly if there is to be no public park dedicated for neighborhood playground purposes. 2. You will note from the review of the preliminary plat that the average lot size is 1=7,773 square feet, but some of the lots have frontage less than 100 feet as required in the R-1 zone. In view of the overall density, we suggest this is not particularly crucial and may not even result in smaller homes being constructed. You will recall that the smaller lot sizes (10,000 square= feet) replatted in a portion of Friendly Hills several years ago did not result in particularly smaller homes. Most of the lots in this rolling and well-ponded area are very desirable, and provision for some smaller homesites will provide for some diversity in ultimate occupancy. Approval of the smaller sites can be handled as a� planned unit development approval or as variances to the individual lots under the platting regulations. Depending upon the outcome for a requirement for additional park dedication, a portion of the southerly part of the plat may be considered for the inclusion of some townhouse units. This compensation for density could accommodate more land f`or park dedication and, as the Developer•suggests, could be negotiated. Thus, handling the total development as a planned unit development has some merit. 3. Representatives of the Tandum Corporation have informed us that a recent meeting was held with neighbors to the proposed development. They sug�est a general level of acc�eptance on the part of the neighbors. Hopefully, it will be reviewed and expanded on by neighbors at the Public � � ;, TANDEM/TC�', CASE NUMBER 85-23, 23 Augusfi 1985 Page 4 Hearing. The appli�cant's prineipal concern, at this time, is aceeptanee of Phase T of the plat so that initial construction for st�eets and utilities can be started this fall. Thus, the Plannfng Commission and Cauncil may wish to cons9.der general. aecep�ance oi the Preliminary P1at, Land Use Change, PUD, and Rezoning eoncept form with definitive action on Phase I only. This may allow time for the Park Boarfl review and ss�tling of the park's dedication questian prior to final aeeeptance of the souther�ly portzon of the development. 4. Any approvals may �be subject ta final solution to the eoneerns autlined and final enga.neering details. City Engineering Staff wa:�ll prepare prel.iminary plans t'or public raads and utilities construetion. Henee, construetion this fall would include anly the Phase I area which cansists of approximately the northerly third of the deve].opment as submitted. 5. The Deve3opers have just i.nfarmed us that eopies of �he exhibits indicating the trail system were deleted fram the initial reports submitted to the City. Applieation material sent to the Planning Commissi.on and Council will a.nclude these exhibits, though we have not seen them as yet. � < - N � 'I ' :`s;i' •'-x::�Pi;r' i � I !. .� .' � � �,�. � ��'i �`y���,�,';,", ���' •� ' l � i 1 � a„�� ' y". �• � % i � � S,4• 1.�,� f� 1 i ` y � '��C, - v • � � y{ ,nt"S ` �'- -�'-_' ="" ` ' . � r� I. : / , .'�i�'.� � . . �� I � . - . - -- "'� . � ■ �`_c�' I �,��"��r T`�, - � ,, • y ' • ' �� - � . �T�---- �; �.- •-•----�-- - .._ ._..__ , - .i _.__�� r _. .1___.r' �_ � �'� _.�\ ..... • • '�^��.�h'3�^ � I � 4, v� rf _� '"� ��j � , � '' � � � ' ' , s A. ��� I 1 " j �, _� / � % � \ s �_ , ;�� �; . � �. .y •, l�,�:,, � I �j \ I �., ; j � , � �'n ---r^--�--- H � • w''i'�` '�� � ' _ � I � , . I • _ .p,Y.r�,r;� 1 \ � , r_ � � • C �: � r ••,�',�%`� �. 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' '�__' I __"" .�__ !' ,\�. ` ,/_ JI � , _• .. • � � j=� ;v'��`�.�.`% �- — - � __ -•T-- --� r ���'��-� Y � — i �'- �'c � I i '� \ � ��� �� `� `__"•. � i,� •���' � I " �` I � ��� % , \ •/ ; • ..i. .�� : t��''� � _ � • � f� � l • 1; li;,. � � i \ �`` �. �/ �� ~\ N �7 '���;. � s 'T' � _ �.__ _ ,��;'� I � � ` - � '' • I �C ~�� � j : . >,;;�4:s` � , i ``� � � - � ` � � � '"�`' � ' --------- ¢ --- -- -�—�y —--- — � . .}: • a.' \ � ; � -t t . � � ' ' '.. �I � �` � � �l :•-' ' • ! 1 , t � ,I • � i � i Y � � ' � i ' � � •:���' I 6 ° I � ; I � I�: � X I . . �- __ IOM'LR CO _!„ l�5[YtMf � �.� � Y•—�-�--..� ,+`'• � o�a'.#'!< N Y • MARSM r _ .� — �� _ �Rt ..r ( �� g ' � • ; � � _ � ��°:V �• � ._y�� PARK � .�-- --1�-1- : I• . t' • `t . • � � _' �e •\ i � . •=5 � _ Cz� • "3u4 5i . • • � � . ': •' v;� \ � � �. �' ��r;�5 _ �., �•' •/ ?'-- `. a✓��;r;�ia";� .! �- [:a :.., - . � '• � ; `� "�.� � ^ /i , a , . 1 �'�' r. •''• �i. /•�.�• � � ' � / - _ `�/ - %/ /�=:� � _. _-• ' v . � r , n" =-i � \ - -=--_) - • `' .. :<r' � - - ;, ��% � � � ' � i� � - =- � -- �-- � . �� . •-- ,. \ 1.. =—�-! . , � t. r- .-1•- / -! �� �: - � ' � �• . > ; � -- = �y '." � � +`� �', . • \' . � 4ti . ' _ ' . � � i � .' �. � a �� — ' — I s % «:- � _ _ti ; � i ' ��`y � ' � � ' i�= �, � �� � ��' w !�' • � , • K . • • •,' - •• `- � �. UBJECT PROPER.�'�.V..- I S,�.E� ��� . �,r A< I • • i • � ' . / � � I - . � � �. . . �� = . a : . �}� � -_--� __ ; S CALE-1 " 00. � � �� �r � ` r � i, \� J.'r�' i --- � -=— -_- ,., ,� 4/�. _t• �� ' ! `----'..- / . � �l •� � ' . • '' • +`'� � � i� ,�'�`�L_ .. '_ - � / ?� --`� =- •-`1 • � . 'r. • If. `�' . ;, • �.�°'Qr4 ` ._.� � • m �� � _=� • • �•, �� � � �t'---• - � '•�. r` - . J ' T�r �.r:J_,� -.. _ ��: �'�� ', , i 1f_ 'Y ; � � i. �. : • � �^ ' � NORTH '�-. � � �=� \( • APA�i \ \ ' J _ � j ��� `� �. _ ��'� I_� , �_�. - - �� .- .- � ' nennoor+eo � -•- ° � . W2[l T. , WELL y � � � . . .� p�,y � �'1 r' � � '+ � _ • _ � �1 . . 4 .f �i`�\ .�....-�. _�___ ..._���.�.�� � �.�.� . " � • � . __- �;� 11 . .�..y.. T .LjV.YA'.:•&15iin Y�IJ.,'YI'./.{i ' � _ .r��15 �`'�' � � , � � _ — , • _ ' Y \ •0•4o�i - _ _' ' , . tl I. � � - � o . _ - _ _ . _-) • __ _ ' „ � '': /' _ � ' . �� � ( � , � � ' , ,� ;I � � �y • r�� -�� � �.: ��-- � � � /i� ' � u � �,\� `��I � ' � ' ��' �� \I��I +�c�¢%� � __- ' f �� ���\`; _ _u'. . . IF� . /�� ��— _•`_ ��,. � -J �Vf . _ .�r' :'a ', . � - -�L . -- : _ ,.:: .L:: ;�: . _ .{�y.; - . - ;. ' ;;- ,. � ;:• _ . _,'. .� . ,. � ' --_� �I � .. -!= � . .. •''��' • . ' . �'���` . . . ��^ ���; � ,- ..I.. , _� . . • • • � „\ "" ' c�j� � ' - `\� .i` � • , i _- ' �\_ , I . \\\ , , _-� � i �'. . • .. . � � ' i \ aiErto � DATE; August 27, 1985 T0: ;tavor, City Council and City Adm s�tbr FROM: Paul R. Berg Code £nforcement Officer SUBJEGT: Building Activity Report far AUgUS�, 1985 CURRENT MONTH YEAR TO DATE - 1985 N0. VALUATION FEE COLLECTED N0. VALUATION BLDG PERMITS � sF� 8 1,000,127.86 6,537.31 39 4,759,118,30 �r p 0 0 0 0 C11 3 I26,450.00 933.9I 29 6,4�5,778.00 Mzsc. 13 103,246.16 1,2Q9.p7 83 328,457.21 sU$ TOTAL 24 1,229,824.02 8,680.29 151 11,533,353.51 TRADE PERMITS P1bg 8 193.00 49 wtr 3 I5.00 37 swr 3 52.,50 31 xrg, Ac, Gas Pipe 14 903.50 59 Su8 TOTAL 28 1,164.00 176 LICENSI�G Cantractor's Licenses 3� $75,00 260 FEE COLLECTED 31,331.07 a 30,165.99 8,154,38 69,651.44 1,231.OQ 12,682.50 542,50 4,104.Q0 1$,560.q0 TOTAL 87 $1,229,824.02 $10,719.29 � 587 $11,533,353.51 $94,711.44 , YEAR TO DATE — 19$!� N0. VALUATION FEE COLLEC:'c 37 4,0$9,1'89.05 28,465.84 3 6,750,OQQ.QO 28,749.60 40 2,�4�9,838.00 16,276.75 99 2,663,286.19 17,734.78 179 16,152,313.24 91,226,97 64 41 40 80 225 3,625.Q0 2�5.00 700.00 8,977.50 13,507.50 7 , 000 . QO 684 $1.6,152,313.24 $111,734.47 NOTE: All fee amounts exclude Sac, Wac and State Surcharge. Arnounts shown will reflect only permit, plan check fee a- valuatian amounts. .,� ' n „ , �.� ' . , CITY OF MENDOTA HEIGHTS MEMO August 27, 1985 T0: Mayor and City Council FROM: Kevin D. Fraz ��dministrator SUBJECT: Citizen's Request Concerning Level of Roger's Lake Attached is a letter from an anonymous citizen�questioning why the level of Roger's Lake was dropped and asking that Council consider raising it once again. The lake was lowered in 1972 for the following reasons: a. Four or more basements below lake level. � b. Sanitary Sewer up to 13' below lake. c. Mendakota Country Club closed 7/7/71 due to flooding. � d. Wagon Wheel Trail in danger of flooding. � � _e. Emergency pumping needed�twice prior to project to lower lake. _ The City originally proposed�an elevation of 873, but the DNR later set 872.2 at the "ordinary high water level" and the Council adopted that figure as target elevat.ion. ALTERNATIVES 1. Convey to the "concerned citizen" the reasons for the�.�:or�ginal decision . to lower the lake elevation and that�Council sees no basis to reconsider that action at this time. 2. Refer the issue to.the Engineering Siaff for a more in-depth study of alternatives to the current elevation. The cost of such a_study would have to be charged to the General Fund, and the Engineering .. : Staff could not likely get to it for a few months: �'. RECOMMENDATION Alternative 1. - KDF':.kkh attachment PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1985 85-24 Yorkton Ltd. Southwesterly Corner of Trunk Highway 110 and Lexington Avenue (see sketch) Approval of Preliminary Plat and Rezoning from R-1 to B-lA 1. The applicant has submitted a drawing illustrating the division of the land into six lots and one outlot. No additional drawings or explanatory text, however, have been submitted, and thus it will be difficult for the Planning Commission and Council to evaluate the proposal. We have meet with the developer on several occasions regarding the development of this property. He proposes to develop the convention center near the southwesterly portion of the site. Preliminary plans for this facility have been reviewed, though no such plans have been submitted with the platting proposal. Preliminary grading plans should be submitted along with preliminary plans for the initial structure. Type, scale, and ultimate uses of the remainder of the land should also be indicated as a basis for consideration of the rezoning and the routing of the public street facility proposed. Rezoning is involved because the major portion of the land, initially zoned B-1A under the original comprehensive plan was that which was northerly of the• Resurrection Cemetery property. The current proposal involves the acquisition of a strip of land along the south side of the proposed roadway (see attached exhibit), whieh is now zoned R-1, the zone which applies to the remainder of the Resurrection Cemetery land. A public hearing has been published for this platting and rezoning application. Due to the �lack of information submitted, however, we suggest that the Planning Commission and Council consider adjourning the public hearing to a subsequent meeting so as to allow for appropriate review of the initial and projected land use proposal. A�� � � �:�� �:$.. 1 LiaL�l�ll\�/ •�u� va�a DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1985 85-26 Ray A.� MeLevish North Side of Miriam Street (see sketch) Approval of Variance to Minimum Lot Size 1. Mr. MeLevish proposed to build a home on a sixty foot lot on the north side of Miriam Street. Attaehed is a copy of the site plan indicating a proposed location of the home and its setback relevant to the side lot and front lot lines. You will notice that the home will conform to the required ten foot setback on the sides and will be forty feet back from the front property line. _ � � The City Zoning Ordinanee states that as of the time of the adoption of the "new ordinanee" in 1962, any lot that meets 70 percent of the new lot size requirements is deemed a buildable lot. The minimum lot size is, of course, 100 feet . of frontage with a land area of 15,000 square fee.t. The lot proposed has 60 feet•of frontage.and a land area of 10,698 square feet, which does not �meet' the minimum of 70 percent requirement. • _, � - Thus, applicants �a`re 'seeking' a variance on the minimum lot size provisions�"so as to construct a new,_single family home on the lot. ,. Therer are, as you know, a considerable._ number of 60 foot= 1'ots in the northerly portion �of the City. Some of these have be'en built.on utilizing a lot;and a half,.two lots, and,- .in many cases, a single 60 foot ' lot. -, There •� are such ,existing='`50'�foot lots in ..the immediate��area:��j:';.The .basic,�:_;, . •purpose of �. requiring` a� varianee for � lo't's���':; less` :$than.��`�.70 � ` • pereent of� the• -requirement is to make sure �:=.;that we . do .,not; .have an ., isolated;` �.very small lot among larger::, properties.� ::This would ��not ��appear to be the case here;, and,��' as.. in _•.the � past,�the�City_may wish to consider approval of..the variance �•- ,. �� OYl th'at �bas'is�.� �rr: � `'. .;s:Yr..��_..:,.r�.,««,<.._...r��..�a<.,..r..+�1�d r.+- �a "�,�t�..- T �; � yi..t�.�-. "�: '.tis'��s" �'�y ' `' b�`'�i' {� e:',�`y.'�"'d j' s },.. ���: , .. -�-' ...:Y'.� .A ;i.c.�$'�3t..".�._�,�i, ^r_'�`�'-.:' : "e:.; � � 3,.:E43'.4:.:?x= 3•4ic' . .Pr.n.,. ww:s+.c.t��'9�LtC�l° .:1c �'i.� � "4 ��' h-+�a�' .c.������ � _ . SUBJECT PROPERTY - � � -""- � _ _ _ _ �CALE-�"-800' NOR�'H ; � � . � . :.;;�: • ;,: ... .... .. : :{:..�:;. - _= P,��I � � �������_ _ ._1- _ � _ :��: �:�� �. -_. �_ s._ � '� � ��—_ _�'% ' r . � - -L,� _ _ , :; - ! � - - i ��' —: ' f. _ = i � �-_ _ _� T . J• �..- L � ` � � � � � IA.' ��Hc-. y(voP# �^/c.t��—. Ml���t'? t� '' "Yix My% hmP � L� N V�cn � . t'� �f..l"'i� i H � ST, , �� �a ` _..�M1 E__.-�-.,- - --- -- — t�iG�' �"x,ficK fivr'f'� t� /f I • t�.Iv�wn�7' -- �?�i�t GLl�e* ��.i"�a � Page No. 2330 August 27, 1985 CITY Or MENDUTA HGIGHTS DAKOTA COUNTY STATE OF MINNESUTA Minutes of the Joint Meeting Neld Tuesday, August 27, 1985 C Pursuant to due call and notice thereof. the special meeting of the Mendota Heights City Council was held at 7:00 P.M., at the City Hall, 750 South Plaza Drive. Mayor Lockwood called the meeting to order at 7:08 P.M. The followin� members were present: Mayor Lockwood, Councilmembers Cummins, Hartmann, and Witt. Councilmember Blesener had advised the Council that she would be unable to attend. Also present were Planning Commission members Kruse, Burke, Frank, Henning, McMonigal, Morson, and Stefani. AGENDA ADOPTION Councilmember Hartmann moved adoption of the agenda as prepared. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 JOINT POWERS AGREEMENT Mayor Lockwood moved the adoption of Resolution No.85-63A, WITH EAGAN "RESOLUTION AUTHORIZING THE EXECUTION'OF A JOINT POWER�� AGREEMENT WITH THE CITY OF EAGAN, MINNESOTA". Councilmember Witt seconded the motion. � Ayes: 4 . Nays: 0 SOUTH EAST AREA STUDY City Planner Howard Dahlgren gave a brief history of the plan- ning for the South East Area of the City. He indicated that some of the major landowners were now requesting rezoning of the land contiguous to I-494. He then presented an updated analysis of the traffic that would be generated by the alternate development schemes and the ability of the area transportation system to handle that traffic. Planner Dahlgren indicated that the system should be adequate, with the possible exception of the Dodd Road/Mendota Heights Road intersection, for some of the more intense development schemes might necessitate development of left turn lanes and perhaps even traffic control signals at some point in the future. He said that the studies by traffic engineer Jack Anderson indicated that approximately 45% of the trips generated by the new development would be oriented to the Dodd/I-494 interchange. Mr. Dahlgren said that his firm had developed two new concepts since the preliminary report, labeled as concept B-1 and B-2. Under concept B-1, there would be limited office use in the property south of the Visitation Convent and St. Thomas Academy. Low density residential would be the designation for the school district property immediately south of the Hazel Court development. For the property south of Mendota Heights Road, it would be high density Page No. 2331 August 27, 1985 residential toward the west, and medium density residentiay (i.e., 4 units per acre) on the easterly portion. Planner Dahlgren said that the Visitation sisters preferred the office designation for their land, �nd that such a use was also more compatible with airport noise guidelines. He added that the owner of the three single family homes on Condon Court also agreed with that designation so it appeared that there was little controversy on this part of the proposal. Under Concept B-2, the property immediately south of Hazel Court would be upgraded to medium density residential (i.e, 4 units per acre), and there would be planned a 35,000 square foot neighborhood commercial facility at the southeast corner of Mendota Heights Road and Dodd Road. Concept B-1 also extends the medium density residential somewhat north of Mendota Heights Road on the easterly part of the property. Planner Dahlgren then briefly explained parts of the updated study that covered daily auto trip generations from different kinds of development, concerns with the groundwater, and the fiscal impacts on the City's tax base of the various alternate developments. He said that there were no unusual groundwater concerns in this area, but any development plan should be sensitive to the need to protect the recharge areas. With regard to taxes, he indicated that the studiea done by the consultant and city staff showed that the net tax benefit to the City went up with increased density, and was highest for Concept D, which maximizes apartment use. Planner Dahlgren said that he felt the part of the project dealing with the Visitation/Tousignant project was not really controversial, and that the owners and surrounding land owners seem to agree on the designation. He also indicated that he thought Tandem Corporation's proposal for average 20,000 square foot lots on the Opus property were generally consistent with surrounding residential developments in the Friendly Hills and Delaware Crossing subdivisions. Mr. Dahlgren said that he thought the real issues were for the area south of Mendota Heights Road. Because of the airport noise considerations, as well as the fact that there would be no noise walls protecting this area from the freeway, he said that it was his opinion that some form of multi-family housing appeared most appropriate for this area. He felt that that should be apartments to the west, and townhouses at 4 units per acre in the more easterly area which would be protected from the freeway by a sizeable berm. Developer Jim Riley responded that he felt that townhouses at 4 units per acre for that area was really not economical" viable, due to decreased values caused by airport noise and freeway, as well as anticipated assessments for utilities. � Planner Dahlgren said times the density of planned for the,a ea, � r- 1'age No. 2332 August 27, 1985 that 4 units per acre would be three the McNulty proposal which was once but did_^�rove to be economically M�'' Mayor Lockwood asked about the possibility of rezoning all of the property south of Mendota Heights Road to R-lA, 40,000 square foot lots. He said that he felt people who rcould afford to build houses on that size of lots could also afford the soundproof ing necessary to protect their houses from airport noise. Planner Dahlgren responded that people who could afford to live in that kind of a house probably would not choose an area contiguous to a freeway and heavily impacted by airport noise, as well as the special expense of noise attenuation. He also said that he felt that such a development simply would not be economically viable. Councilmember Cummins questioned the economy of assessments for the townhouses at 4 units per acre. Planner Dahlgren responded that that density had proven viable in other parts of the metropolitan area, and he felt it could work here. Councilmember Cummins also said that concern had been expressed to him about the adequacy of the utility system to handle more dense development than was currently zoned. Public Works Director Jim Danielson said that he felt the system really was quite adequate to handle any of the develop- ment schemes. Mayor Lockwood responded that as he recalled the City's trunk sewer system had been built to handle an anticipated population of 20,000. Councilmember Cummins questio�d whether there might be any reason to consider extending the office use further to the east in lieu of the high density residential. Planner Dahlgren responded that would be possible, but that he felt the Visitation property to the west was much better suited for that use, primarily because of the available transportation system. He said that the transportation system going east toward Delaware Avenue tends to "peter out" as viable for office use. He also said that he thought that type of office use could conflict with the existing residential neighbor- hoods to the north. Councilmember Witt asked about the concern that had been expressed by some ove.r renters versus owners in such large numbers. Planner Dahlgren responded that in the early 'S0's, there was a perception that renters would not have a"stake" in the community, and would not therefore be good residents. He said that in the ensuing years that had largely been found to be a myth. He added that renters, if anything, tend to be disinterested in local affairs, rather than forming any kind of coordinated voting block that affects local politics. He said that people who rent in a community frequently also choose to buy in that same community later, and the recent t 1'��Ke No. 1'L3� a' ' ' ' - August 27, 1985 studies of the Itil.ey �partments at Lexington Heights showed that the rents are quite high, and the type of people livi there to be similar to other types of people you might find in Mendota Heights. Developer Riley said that he had commissioned an appraiser to do an analysis of alternative land uses on his property south of Mendot� Heights Road. He said that that preliminary report would be presented to the Council in the near future, but it appeared that the combined impact.of the freeway and airport noise zoning would tend to decrease market values of properties in the area by 10 to 15%. Therefore, it appeared that the appraisers opinion would be that owner occupied housing in the area would only work at 8 to 10 units per acre, and tfiey would have to be lower cost units. Mr. Riley said that he felt the City would be much better off with the high- quality, low density apartment project that he was proposing. Planner Dahlgren noted that the City of Eagan has designated about 3,000 acres running south all the way along I-494 for commercial and industrial development. Marsha Knittig, Park Commissioner, indicated that the park commission had requested that any final determination on setting aside land for parks or park dedication fees from this development be postponed until the City's master parks plan is completed later this year. Planning Commission Chairperson Cam Kruse asked about the impact of traffic on Dodd Road. Planner Dahlgren responded that he thought that Dodd Road was going to be more signif- icantly impacted by the development to the south in Eagan, than by anything Mendota Heights would do in the southeast area. It was agreed that a follow-up special workshop between the Planning Commission and City Council would be necessary to start to make some decisions on the various alternatives presented. That meeting was set for Tuesday, September lOth, at �.7-�3U P.M. • 7 %� � ADJOURN There being no further business to come before the City Council, Councilmember Hartmann moved that the meeting be adjourned. _ Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:40 o'clock P.M. ATTEST: Robert G. Lockwood, Mayor �Kevin D. Frazell, City Administrat� h ^ � PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 Au�ust 1985 85-17 George T. Spangers Southeast Corner of Marie Avenue and Walker Avenue (see sketch) Approval of Preliminary Plat 1. This planning proposal was discussed at the last Planning Commission Meeting and was held over to the August meeting so as to give time for the developer to consider adjustments discussed at the July Commission Hearing. We have suggested that Lots 5 and 6 be combined into a single lot, and moving the rear lot line so as to be consistent with the alignment of the creek.which passes through the overall property. The larger lot thus created will thus be more in scale with the frontage of the very large lots that are platted and developed to the south. The Engineering Staff has also recommended provision for a drainage easement along the creek bed, which would be a normal condition for the platting of any property which includes such a major drainage way. To our knowledge, no revised plans have been submitted by the applicant. Thus, we are not aware of whether Mr. Spangers has or has not seriously considered the points discussed by the Planning Commission at the previous meeting. . ' �' :=;: , � PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1985 85-25 Stephen G. Hunter North of Hunter Lane, South of Trunk Highway 13 (see sketch) Approval of Variance to Height of Single Family Residence 1. This past year, Mr. Hunter has applied for and received approval for the development of a single family homesite on the area of land where he now proposes to construct a new single family home. The Council has also granted a twenty foot variance to the forty foot setback requirement above the river bluff line on the north side of his property. He has now employed an architect to design a home which the � Building Inspector informs us is three feet higher than the �.: � minimum height requirement in the R-1 District. That height ° requirement is two-stories or twenty-five feet, whieh ever is less. If the land were zoned R-1A, the height thirity-five feet or three-stories in height. the land is zoned R-1, a variance will have allow for the construction of the home to feet high as measured at the median height at the top of the house. requirement is In as much as to be issued to be twenty-eight of the hip roof Mr. Hunter informs us that thou�h his variance was granted to be twenty feet back from the bluff line, he is in fact proposing to build a home twenty-six feet back. This may be a mitigating factor in consideration of the height requirement. Mr. Hunter has submitted two elevations.of the proposed structure which are attached along with the statement explaining his proposal. We have requested that he submit a site plan indicating the proposed location of the house, particularly as it relates to the bluff line in as much as this is a ma�tter of concern relating to the Critical Area River Corridor Development Regulations. HUNTER, CASE NUMBER 85-25, 27 August 1985 Page 2 � We will encourage Mr. Hunter to bring a site plan to the meeting so as to aid the Planning Commission and Council in their evaluation of this proposal. It appears that the plans which we reviewed with Mr. Hunter and his wife are well done and will produce a very attractive home. The site is a very large lot, exceeding the 40,000 square foot required in an R-1A District. As noted, the height limitation in this District with these larger lot sizes is higher, being thirty-five feet rather than twenty-five feet in the R-1 District. Mr. Hunter can relate to you his problems with respect to their attempt to reduce the height of the structure within the twenty-five foot height limitation. The evaluation on part of the Planning Commission and Council with respect to these efforts as compared to the significance of the three foot additional height can be the basis for a decision. • • �" % ,"t3. . i . ,�� __/�' i �O , .'_ _--',..' . �� . '` /�� G`'`� �e - . % _ _ _ ' '_ i' ��� . , . _ -= - — -'� ::.:_ --�.. _---- - . ' �— .- --_—� j�.R r = ����z� � = , _ ..r� � -- --- ' -- — — � .� •' I -- — _ — -- _ -- — — -- — _-= _ _ . �`' % . =:�' � I _ _ -_' — - ' ' ` '•••• _�, _- - - ;; •S~ � '�'. - — _ � . �/� - - r�n'[1D �tj.. -. � F • _ '_ '_ __ •: I��� � O — • 1 t^'+ � • • • � � _ ` �('� : __ __ N =_ _ �:.: ..`i. �. • , + - - - =--- --_ � _ _ • ':. � •,;,�:� . ,� �� �, ... -��a�=_ = t� _ _ . . , . . . �. �._.,-__ � �. �- � - '' • ::<i . . . • 1 ' .'�:.' +�`�' - S � . ,.1� (. � � _ • + �., \ � _- . .;,: •:i:: • .i . .; - Y ' ' ::� .. '�` . ..• .: . . ..;: . ' f. ,.' ''� I •� .�'' ; � -- -- - . ' _ •�- — - � ��:.• � '• o • • • . , - ARIE V - _.-T^ • \ '' ml • � • I' • � - -�� UBJECT PROPER . :� �- • . • � .r�• �% u l� • - T SCALE-1"-8 ' , _ _ 'N �';, i � . -r � '�� • N • �waw� . ' ( �,�./: �+ � ct C = NORT ��-.� _ �; , , ;-, .. — � • • . . ,�.� �~ �~s'1 t�� , /) :`/� :C.;; ••\_� '' � • • E s : +' ' i^,� , ,,+ �1,�'•. �1�. � — Y[MOOTA El[YEMIIRY _ � � � ,� � j� � � �•� � �GNOOI I IIMI �CI ��' , ,,�•• ^\ � � \ ( • • ` ' `.l- � . ' _. �� _ � _ . . )_,\� 1.•;�!� . . _ '� _ s . )� _ . r �, CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA August 27, 1985 - 7:00 P.M. 1. Call to Order. 2. Roll Call. 3. Agenda Adoption. � 4. Consider adoption of joint powers agreement with City of Eagan for use of $3,260,000 of IDB entitlement. (Agreement will be handed out Tuesday evening). 5. Joint meeting with Planning Commission regardina Southeast Area Study. 6. Adjourn. � • . M CITY OF MENDOTA HEIGHTS City Hall Citizen's Committee Meeting Minutes, August 28, 1985 The first meeting of the City Hall Citizen's Committee was held on August 28, 1985. Members present were Chair Stan Gustafson, Evelyn Fischer, Pete Villard, Jerry Morson, Dave Zemke, Frank Fischer, Barb Eschle, Joyce Ogren, Lou Brenner. Excused absences were: Sharon Koll, A1 Singer and Bob Doffing. Also present was City Administrator Kevin Frazell, and architects Bob Pierce and Dick Guilyard. 1. Meeting was called to order by Chair Gustafson at 7:32 P.M. 2. Introductions - everyone introduced themselves, giving their address and occupations. 3. Purpose of the committee - City Administrator Frazell gave a brief history of the City Hall issue, indicating that the study had been included in the 1985 budget, and pursuing the possibility of city hall had been a priority with the City Council. He added that the Council wished to convene a citizen's committee to study and make recommendations on the issue, because the City Hall would be a facility that would far outlive any Council or staff inembers, and there should be broad community input for such a community facility. They also wanted to insure that there was broad community support for the project, and it would not be seen as just a Council or staff project. Administrator Frazell said that the Council specifically would like for the committee to look at: 1. Identification of community needs. 2. Review of architects needs assessment. 3. Leasing versus building space for City government. 4. Alternative site analysis. 5. Building design concepts. 6. Financing alternatives. Administrator Frazell said that should the committee conclude that a bond referendum would be needed, the committee would be a crucial element in selling that issue to the public at large. Chair Gustafson said that he thought the committee's purpose was to consider two issues, first, what space is needed for the operations of City govern- ment, and second, are there any other community needs that should be .' addressed in connection with a city hall facility. He said that he thought the committee was to act as a conduit for public opinion, and he would invite any citizen who had comments to channel those through the committee. � . • August 28, 1985 City Hall Citizen's Committee Meeting Page Two 4. Review of project objectives - Architect Dick Guilyard said there were five primary issues that the committee might want to address. 1. Location and access considerations. 2. Community role - i.e., simply an office, community gathering space, etc. 3. Relationship to other development in the City. 4. Relationship to other City facilities. S. Character/spirit/image for the community, including serving as a standard for other development. Mr. Guilyard went on to say that there were basically three parameters for the project, cost/economics, public understanding and perception of needs, and public approval. Bob Pierce then asked the committee to have some discussion about what role they thought the facility should play in the community. Chair Gustafson responded that he thought the community lacked public meeting space, other than what may occasionally be available in the schools. Lou Brenner raised the question of whether the community also needed a library. It was generally agreed by the committee that while a library might be desirable, it would really hinge upon a commitment by Dakota County to operate a library in Mendota Heights. City Admin- istrator Frazell said he would contact the County prior to the next meeting to obtain their reaction to such a proposal. 5. Project schedule - It was discussed that the committee should try to complete most of their work by the end of the year, so that should a decision be made to build, there would be time for a referendum ,(if necessary), and to plan and construct a facility in time for occupation when the City's existing lease expires in August of 1987. 6. Preliminary review of space needs - Bob Pierce handed out the preliminary space allocations that had been developed in connection with the City staff for the Administration, Engineering/Code Enforcement, and Police departments, as well as common areas. While the total space needs analysis was 22,450 square feet, architect Guilyard pointed out that after subtracting out all of the wall, common space, vehicle storage area, mechanical systems, etc., there was only about 9,000 to T0,000 square feet of actual "people area". �It was also indicated that this would probably require a parking space f or about 70 vehicles. Barb Eschle indicated that she thought that it was important that the City Hall allow room for future growth. Evelyn Fischer added that if there was any thought of having community center facilities, even.sometime in the future, that would have implications for the site selected. Bob Pierce indicated that at today's prices, it would probably cost approximately $70 to $75 per square foot for construction and site preparation. Chair Gustafson said that he thought the bottom line of August 28, 1985 City Hall Citizen's Committee Meeting Page Three cost was important. Lou Brenner added that he thought Mendota Heights residents had an attitude of wanting to keep City government small and basic, and we wouldn't want to foster the idea that we are expanding government by buildi.ng an overly large City Hall. Dave Zemke said that based on personal experience, he could vouch for the fact that the City offices are very crowded, and he thought the projected numbers were quite conservative. Fred Fischer asked about the height of the building, to which Mr. Pierce responded that it was usually less expensive to spread a building out than go up, although that might not be the case in Mendota Heights with its relatively high land values. 7. Future committee work program - It was felt that the group should try to go on a�tour ofisome othericity hall facilities prior to the next regular meeting, and agreed that we would try to do so on Monday, September 9th. The City Administrator and architects will be responsible for setting up the tour. It was also agreed that the agenda for the next meeting should include at least the following: l. Some concensus on space analysis. 2. A rough estimate of cost from the architects for construction and operation. 3. General financial considerations, including the lease versus build options. 4. Discussion of general site preferences. 8. Date and time for future meetings - It was agreed that the next meeting would be held on Monday, Septemb�er 16th, at 7:30 P.M., and that a day and time for future meetings would be set at that meeting. Motion by Jerry Morson, seconded by Evelyn Fischer, to adjourn the meeting at 9:50 P.M. Motion passed unanimously. Recorded and transcribed by Kevin D. Frazell, City Administrator. `� u%,/� ' / /u KDF:madlr City of Mendota Heights Dakota County, Minnesota NOTICE OF HEARING TO DETERMINE AND CONSIDER ASSESSMENTS FOR WATERMAIN TRUNK LINE, MENDOTA HEIGHTS ROAD EAST OF TRUNK HIGHWAY 149 (IMPROVEMENT N0. 83, PRQJECT N0. 7B) TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City of Mendota Heights, Dakota County, Minnesota, deems it necessary and desirable to consider the proposed assess- ments for the improvements hereinafter described. NOW THEREFORE, notice is hereby given that the City Council of the City of Mendota Heights will hold a public hearing on said proposed assessments at the following time and place within the said City: Date and Time: Location: Tuesday, Septebmer 17, 1985 8:00 o'clock P.M. Mendota Heights City Hal1 750 South Plaza Drive Mendota Heights, Minnesota 55120 The general nature of the improvements heretofore known and designated as Improvement No. 83, Project No. 7B for which said assessment are to be made is: The construction of watermain truck line, along Trunk Highway 149 from Lake Drive South to Mendota Heights Road and Mendota Heights Road east of Trunk Highway 149 by the Minnesota Department of Transportation, including appurtenances and incidentals thereto. The area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minnesota, and is more parti- cularly described as follows: All land adjacent to Trunk Highway 149 (Dodd Road) from Lake Drive South to Mendota Heights Road and Mendota Heights Road East of Trunk Highway 149. It is proposed to assess every lot, piece or parcel of land benefited by said improvements whether abutting thereon or not basEd upon benefits re- ceived without regard to cash valuation in accordance with the proposed assessment roll thereof which is now on file with the City Clerk of the City of Mendota Heights at the City Hall of said City and which assessment roll is open to public inspection. Persons desiring to be heard with reference to the proposed assessments should be present at this hearing. Written or oral objections to said proposed assessments will be considered at the meeting. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment roll and f iling such notice with the District Court within 10 days after service upon the Mayor or Clerk; however no appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. You are hereby advised of the provisions of Minnesota Statutes, Sections 435.193, 435.194, 435.195 which provides for the possibility of a deferral of special assessments in the case of hardship for senior citizens. This Council proposes to proceed under and pursuant to the authority granted by Chapter 429 of the Minnesota Statutes. Dated this 28th day of August, 1985. BY ORDER OF THE CITY COUNCIL Kathleen M. Swanson City Clerk City of Mendota Heights CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, AUGUST 28, 1985 The regular meeting of the Mendota Heights Planning Commission was called to order at 8:49 o'clock P.M., following a joint City Council/Planning Commission workshop. Members present were Kruse, Burke, Henning, McMonigal, Morson, Frank and Stefani. Also present were Planning Consultant Howard Dahlgren and Public Works Director Jim Danielson. APPROVAL OF MINUTES An error was noticed in the minutes of July 23rd. Com- missioner Stefani's friendly amendment to the approval of Case #85-15 on page three was incorrect. Members were unable to recall the correct verbage. Commissioner Henning moved to table approval of the minutes so that the secretary's notes could be checked. Commissioner Frank seconded the motion. � Ayes: 7 � Nays: 0 HEARING, CASE 85-17 Chairman Kruse called the meeting to order for the SPANJERS, SUBDIVISION purpose of a continued public hearing at 8:52 on the application by Mr. George Spanjers for the subdivision of Lot 7, Somerset Hills. This parcel is located between Marie avenue and Valley Curve, east of Wachtler Avenue. Mr. Spanjers was present and pointed out that he had addressed the Commission's concerns of last meeting. He distributed new maps to the Commission members that now illustrated the following changes: 1. The rear lot lines now follow the creek alignment. 2. Storm Water easements were added for the creek. 3. He had not combined lots S and 6 as requested but had increased lot 6 and decreased lot 5 so that a home on lot 6 could be located farther from the creek. 4. 12 soil borings had been made at the future home sites and the report distributed. Howard Dahlgren stated that he still recommends that lots 5 and 6 be combined. He was not so much concerned - about the distance of the future home from the creek as he was about making the lots conform to the scale of existing lots in the rest of the neighborhood. Chairman Kruse after reviewing the soil reports noted that he felt that lots 4 and S are borderline to needing piled foundations. Commissioner Morson noted that if a full 8' basement is planned for lot 2, with the first floor elevation as noted, the basement floor will be below the creek eleva- tion. He is concerned about foundation drains for that lot being emptied into the sanitary sewer. Chairman Kruse invited questions from the audience and their were none. Commissioner Frank moved to close the up blic hearinQ at 9:15 P.M. Commissioner Henning seconded the motion. Ayes: 7 Nays: 0 Commissioner Stefani moved to approve the revised preliminary plat dated Au�ust 26, 1985 sub_ject to staff's final review of plan and soil borinQs. Commissioner Morson seconded the motion. Chairman Kruse expressed a concern that he felt that lot 5 may not be buildable. Ayes: 7 Nays: 0 HEARING, CASE 85-21, Chairman Kruse called the meeting to order for the 0'ROURKE, SUBDIVISION purpose of conducting a public hearing on an application REPEAL by Eileen 0'Rourke to repeal a subdivsion. Roger Miller was present representing Mrs. 0'Rourke who lives in . California. He presented the facts concerning the application stating that the original subdivision combined 3 substandard lots to 2 buildable lots. She now proposes to make available one of those three substandard lots for sale to Mr. Robert Tousignant and combine the remaining two lots to produce a 120' X 132.6' buildable lot. . Chairman Kruse invited questions from the audience and there were none. Commissioner Stefani moved to close the up blic hearing at 9:20 P.M. Commissioner Morson seconded the motion. Ayes: 7 Nays: 0 Commissioner Frank moved to recommend approval of the subdivision repeal. Commissioner Morson seconded the motion. Ayes: 7 Nays: 0 HEARING, CASE 85-23 Chairman Kruse called the meeting to order at 9:23 for TANDEM/TCF, REZONING the purpose of a public hearing on an application by PRELIMINARY PLAT, Tandem Corporation to rezone and subdivide 137 acres of CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT land located adjacent to Huber Drive. Mr. Dick Putnam and Jim Ostenson of Tandem Corporation and Ken Adolph of Schoell and Madson, Inc. were present to answer questions. Presentation was kept to a minimum because the developer has been meeting with affected residents and Commission members in advance of the hearing to work out concerns. Mr. Putnam stated that the present zoning of 40,000 square foot lots would be economically unfeasible because of the high existing and future assessments against the property for public utilities. He stated that an easement was proposed as part of the plat to retain the natural shoreline along the ponds adjacent to Huber Drive. Tandem is phasing this project into three separate subdivisions and is only seeking approval for Phase I at this time. Phase I is the northerly 37 acres. Commissioner Morson expressed concern about the street names with "Dodge" in them. It duplicates another existing street name. Mr. Putnam stated he would change the name. Barb Gilbertson, 542 Huber Drive is concerned about the transition from their 1 acre lots in the Montgomery Addition to these smaller lots. She praised developer for the accommodations he has already made. Al Peterson, 2385 Apache Court was concerned that the range in lot size might adversely affect house quality. Smaller lots having cheaper homes. Howard Dahlgren stated that Edina allows lots as small as 10,000 square feet but the quality stays high throughout. He doesn't feel it will be a problem here either. Mr. Putnam stated average lots price will be $35,000. John Campbell, 2384 Apache Court, stated that he was told this land will not develop. He is concerned about wildlife on the lakes. He feels all wildlife will disappear. He would like to see wildlife protected. Chairman Kruse stated that the lakes adjacent to Huber Drive are to be retained by the City as a passive park. He went on to say he has three concerns about the proposal. 1. Density - to be addressed in planning study. 2. Northwest corner of property has a cul-de-sac ex- tending into the Nature Center. All lots along that street are undersized and he suggests pulling the cul- de-sac south and removing 1 lot. 3. The "natural" easement along the lake maybe should be wider and the lot width should be wider to increase openess along pond. Commissioner McMonigal stated that she doesn't feel that the wildlife will go away but that it would change. Fertilizer and chemicals put on lawns will go into the ponds and increase algae. Alice Weed stated that those ponds have not always been there. When they moved to the location 35 years ago there were no ponds. They have grown over the years. John Campbell stated that no study has been completed on wildlife impact so all that we are stating tonight is supposition. Dick Putnam stated that if lots along the pond were widened they would also be made shallower and more uniform. The objective is to achieve variety lot sizes. He further stated that he is working with the nature center on access to their property and what is shown ir what is desired at this time by the Center. Commissioner Henning stated with lot prices in the range of $30-50K the subdivision will certainly have high quality houses. He stated that this project with some more temporing is a good one for the City. Chuck Gilbertson, 542 Huber Drive stated that Dick Putnam has been very obliging to the resident's concerns. He did want to echo a concern about the wildlife question and transition from the 1 acre lots to these new lots. Plantings should be completed along the transition. Dick Putnam stated he would accomplish the plantings but that he felt that they should be put on the Gilbertson's property so that they would have control of them. Mrs. Weed stated that Tandem has been very cooperative but that she was concerned about increase traffic. Commissioner McMonigal stated that in addition to traf- fic for this development 50,000 children visit the nature center every year. Dick Putnam stated that he felt that the Huber Drive Mendota Heights Road link should be constructed as soon as possible and that that would help relieve the traffic prablem. It was noted that a letter fram George Weed relative to the project was received. Comrnissioner Morsan moved ta continue the up blic hearin� to the September mee�ing. Stefani seconded the motion. Ayes; 7 Nays: 0 HEARING, CASE 85-24 Chairman Kruse cailed the meeting to order at 10:35 P.M. YORKTON LTD. for the purpose of a public hearing ta cansider a REZONING, SUBDIVISION rezoning appiication and subdivision applicatian by York�an, Lt�. Mr. Larry Lee handed out a document explaining his praposal and gave an oral presentation« SCaff expressed some concern abaut the late submission of Mr. Lee's proposal and tha� a tharough camprehensive review has not been able to be campleted. Questians from the audience were invited, Joe Schmidtz who owns �he Canvenience Store east of Lexing�on Avenue was curious about the proposal but had no particular cancerns. Commissioner Stefani moved to close the u� blic hearing. Commissianer Marson secanded �he mation. Ayes: 7 Nays: 0 Commissioner Stefani moved to approve the rezoninQ and subdivision subject to workin� aut staff's concerns about �he pro_ject before the Council meeting. Commis- sioner Morson seconded the motian. Commissioner Henning stated the he was concerned about approving a project before staff's concerns were addressed. i Commissioner Morsan withdrew his second to the motion. Commissioner Stefani withdrew his motian. � Cammissianer Morson moved to table discussion on the request until 6:45 P.M., September lo, 1985. Commissioner Hennin� seconded the motion, Ayes: 7 Nays : 0 �: 0 a � � s s '�� �} • _ �� .- ie .;'.+'w • � � �+� �� �A����_�iQ. 85-25, � ���.�. � HUNTER VARIANCE , yc,�>x . , ��`,��. � ;;+: Y, .� �ry � ,s,�r`'. . - ' :o���t+,' . � {;�". , i ,�.'�r,�'�,�� �. =:�:,a:�;��;� .:�.. ��' • e�°� s'#`ta ;��: � ':��`�., `���.�`-� : ";�•. =�.aMyS„GF��.x�. t. .yP"�� i � :' � � .. ; '1h'.d..,. . Stefani, Frank . 85-26 i VARIANCE � Dr. Steven Hunter, 1175 Orchard Place was present to request ap'proval of a 3 foot variance to the height requirement for a single family home. Commissiorier Stefani stated that he did not feel that there was hardship involved and was opposed to the variance. Howard Dahlgren stated that height variances never have a hardship involved, that height restrictions are to keep people from doing something outlandish and to keep some sort of order in height. Commissioner Frank stated that he was opposed to the variance because the structure was on the bluff line. Commissioner Burke moved to recommend approval of a 3 foot variance to the height requirement and 1 story variance to the 3 story height requirement. _ Commissioner Hennin� seconded the motion. , Mr. Ray McLevish, 704 Ray Street, St. Paul, was present to request a 10 foot variance to the lot width requirement and a 3 square foot variance to the�440 square foot garage size requirement.. Commissioner Burke moved to recommend approval of the requested 10 foot lot width variance and 3 square ," �c�o.tr, ag rage area requirement. Commissioner McMonigal seconded the motion. s . � Commissioner Stefani stated' that he now recalled what his motion was in the July minutes and�proposed a correction to the July minutes. ,,, . Commissioner Hennin� moved �proval of the Ju1y 2� 1985 meeting minutes as corrected. Commissioner Frank seconded the motion. There being no further business to come before�the Commission, Commissioner Burke moved that the meeting be adjourned. Commissioner Morson seconded the motion. TIME OF ADJOURNMENT: 11:26 o'clock P.M. . CITY OF MENDOTA HEIGHTS MEMO August 28, 1985 T0: Mayor, City Council and City Ad c(i���or FROM: James E. Danielson Public Works Director SUBJECT: Mendota Heights Road Construction Lexington Avenue to Trunk Highway 55 M.S.A. Project No. 140-103-06 Job No. 8426 Improvement No. 84, Project No. 6 DISCUSSION: Bids are to be opened September 3, 1985 for the upgrading of Mendota Heights Road from Lexington Avenue to Trunk Highway 55. This project is to be paid for entirely by M.S.A. funding. The construction season is rapidly coming to a close for asphalt projec�.-in Minnesota therefore if we get some good bids from reputable contractors staff will bring a request for an award to the Council as an add-on item Tuesday evening. { CITY OF MENDOTA HEIGHTS MEMO T0: Mayor, City Council and City i��ator FROM: James E. Danielsan Public Works Director SUBJECT: McLevish Variance Case No. 85-26 DISCiJSSION: August 2$, 1985 The P3anning Commissiarr at their August meetirrg reviewed Mr. McLevish's � lot width vara.ance request (see attached staff reports). RECOMMENDATION: The Planning Commi.ssion voted unanimausly ta recommend to the City Council �hat Mr. McLevish be granted his requested variance. ACTION RF UIRED: If Council wa.shes to implement the Planning Cammission's recommenda- :� tion, they shauld pass a motion granting Lot 12, Block 2, Guadalupe Heights a].0 faot yard wicl�h variance. C 0 CITY OF MENDOTA HEIGHTS � 0 T0: Mayor, City Council and City Admi s�� F'ROM: James E. Danielsan Public Works Director SUBJECT: Hunter Variance Case No. 85-25 DISCUSSION: August 28, 1985 The Planning Commission at their August meeting reviewed Dr. Hunter's height variance requests (see at�ached staff repor�s). RECOMMENDATION: The Planning Commission voted 5-2 to recommend tha�. Dr. Hunter be granted his requested variances. - ACTION REQUIRED: If Cauncil wishes to implement the Planning Cammission's recommenda- �ion, they shauld pass a mo�ion granting Lat 3, Block l, Fiur�ter Bluff Addit9.on a three foot height variance and I story variance. 0 � CITY OF MENDOTA HEIGHTS MEMO August 28, 1985 , T0: Mayor, City Council and City Ad ' �tor FROM: James E. Danielson Public Works Director SUBJECT: Spanjers Preliminary Plat Case No. 85-17 � DISCUSSION: A public hearing was conducted at the July Planning Commission meeting to consider this subdivision. At that meeting several concerns were raised and the hearing was continued to the August meeting so that the applicant could make the necessary changes. Staff has discovered in the interim that there are some deferred assessments against the property that will need to be paid at the time of approval of the final plat: Sewer Water Street Project 68-2 68-6 73-2 � DEFERRED AMOUNT Total $5,112.70 $5,515.97 -0- Def erred $3,000.00 $3,280.00 $8,100.00 $14,380.00 Assessed $2,112.70 $2,235.97 ��" To this figure is added seven percent (7%) interest since the projects were assessed: DEFERRED AMOUNT $14,380.00 • • INTEREST 13,504.00 TOTAL AMOUNT DUE $27,884.00 The five new lots also need to contribute $600 per lot for the Park fund, which totals $3000. RECONA4ENDAT ION • The Planning Commission recommends approval of this preliminary plat. Staff also recommends approval subject to Mr. Spanjers entering into an agreement with � the City that addresses payment to the City of the above described amounts. �nis , agreement should also address bringing public sewer and water services to Lots 2, 3 and 4. ACTION REQUIRED: If Council desires to implement the Planning Commission and staff recommendation they should pass a motion approving the plat subject to the applicant executing a Developer's Agreement with the City addressing deferred assessments, park contribution and utility installation. -r: � CITY OF MENDOTA HEIGHTS MEMO August 28, 1985 T0: Mayor, City Council and Ci i��r FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Budget Hearing Revenue Sharing Hearing As required by Minnesota Statutes and Federal Revenue Sharing regulations we are to hold preliminary hearing on the proposed 1986 City Budget. . The notice of the proposed hearing was published on August 19, and the Hearing scheduled for 7:30 P.M. on�September 3. A copy of the preliminary budget is included in the packet for the meeting, and the purpose of the hearing is to receive citizen's input as necessary to the proposed expenditures. No formal action need to be taken at this hearing. While September 10 was originally set for the annual budget review workshop, that date has now been set aside for continued discussion of the Southeast Area Study. Therefore, we need to select another date in early-to-mid September for budget review. ACTION Call a hearing - receive citizen's input - close hearing. Agree on a new date for the budget review. LES:kkh attachment ,��. �� �,,�,� . ��-� � �� � X ( �� � c CITY OF MENDOTA HEIGHTS MEMO August 28, 1985 T0: Mayor, City Council and City A'n}s�attor FROM: James E. Danielson Public Works Director SUBJECT: 0'Rourke Subdivision Repeal Case No. 85-21 DISCUSSION: The Planning Co�nission at their August meeting conducted a public hearing to consider the repeal of the 0'Rourke subdivision (see attached staff reports). RECOMMENDATION: The Planning Commission voted unanimously to recommend that the 0'Rourke subdivision be rescinded. ACTION REQUIRED: If Council wishes to implement the Planning Commission's recommenda— tion, they should pass a motion adopting Resolution No. 85— , RESOLUTION APPROVING THE SUBDIVISION OF LOTS 2, 3, AND 4, FURLONG ADDITION. City of Mendota Heights Dakota County, Minnesota RESOLUTION N0. 85- RESOLUTION APPROVING THE SUBDIVISION OF LOTS 2, 3, AND 4, FURLONG ADDITION WHEREAS, Eileen F. 0'Rourke owner of Lots 2, 3, and 4, Furlong Addition, Dakota County, Minnesota, has requested from the City to divide that lot into two (2) lots; and WHEREAS, the City Council has reviewed� said lot split and finds the same to be in order. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, that the lot division submitted at this meeting be and the same is hereby approved. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1985. . CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk � �: S; si B T0: 1�3�1,'� SUBJECT: J CITY OF MENDOTA HEIGHTS MEMO August 28, 1985 Mayor and City Council Kevin D. r i�l��ty Administrator Selection of Public Works Superintendent We received 41 applications in response to the advertisements for a Public Works Superintendent. Of these, 17 met our minimum qualifications as � set forth.in the job descri'ption. Jim and I have narrowed the�list ta nine (including three current employees) who we feel rank highest and, �therefore,'�should be considered. Our plan is to interview the nine, then check references and do any other follow up which seems appropriate. We, hopeful°ly, can have a�recommendation for appointment by early October. _ . In the past few years;=Council has nat been directly involved in 'the _ �selection of'employees below the level of'department head. Rather, the City Administrator and�appropriate Department Head have carried out the selection , process.. Unless Council wishes to change that precedent, we will proceed as outli.ned-above. � ACTION REQUIRED - This memo is for information only, and no Council action is require� at ' thi.s time. KDF:kkh CITY OF MENDOTA HEIGHTS MEMO August 28, 19$5 T0: Mayor, City Cauncil and City �,n�' at r FR�M: James E. Danielsan Public Works Director SUBJECT: Curley Addition Bike Trail Job No. 8418 HTSTORY: In i984 the City agreed to construct a gravel trail through the City owned Curley Addition lot connecting that neighborhoad with Rogers Lake Park. Tn 1985, �he City further undertook to construct a portion of the backbone trail system. That systern fol'lows an alignment through the Curley Addition lot, DISCUSSION: The Curley lo� is the anly portion of the newly constructed backbone cor- ridar that is unpaved and the Park and Recreatian Commissian naw want ta pave it. The Maples who live next to the lot have called and requested that the lot be paved. The gravel surface washed aut during the heavy August rain so it is now evident that the unpaved path will be a maintenance problem for �he �ity. RECOMMENDATION• The Park and Recreation Commission and staff recommend that park funds be used to pave �he Curley bike path this summer. Quotes have been obtained from two contractors; Ace Blacktap -$1227 and Daily and Son -$I125. ACTION REQUIRED• .If Cquncil wishes to implement the Park and Recrea�ion Commission and staff's recommendation �hey shauld pass a motion directing s�aff ta prepare a purchase order to Uaily and Son in the amaunt of $1125 to pave the bike trail thraugh the Curley Additian 1ot. � � CITY OF MENDOTA HEIGHTS MEMO August 28, 1985 T0: Mayor , City Council and City A r�n�tr�'ator FROM: James E. Danielson Public Works Director SUBJECT: Zaspel Easement HISTORY: Mr. and Mrs. Noel Zaspel live at 1792 Ridgewood Drive, adjacent to the Krajniak property (see map). The Krajniak's property is entirely within a City wetlands, however they received a permit from the City 7 or 8 years ago to deposit enough fill on the lot to allow for the construction of a home. The Krajniak's were depositing more fill than the permit allowed and the City took action to stop them. After many meetings with the City Council and staff in an attempt to negotiate a solution to the problem of overfilling, the City had to take legal actions to try and force the Krajniaks to comply with the conditions of the permit. That matter is still unresolved. DISCUSSION: The filling done on Krajniak's property created a drainage way between the Krajniaks and Zaspels. That drainage way now overflows and floods a portion of the Zaspel`s back yard. A City storm wat'er pipe empties into the drainageway, so the City promised to go onto the Zaspel's property and do some minor filling and corrective grading if easements were dedicated from both the Zaspels and Krajniaks. The Zaspels have now submitted the attached easement. RECOMMENDATION: Staff recommends that the City Council approve the attached easement agree- ment with the Zaspels and authorize staff to complete grading and filling work on their property as necessary to confine the drainage from the City's storm pipe to within the easement. ACTION REQUIRED: If Council wishes to implement the staff recommendation, they should pass a motion authorizing the Mayor and Clerk to execute the easement on behalf of the City and direct staff to complete the grading and filling as necessary. � ,�� c�,-i a. � �.-��«s c>, �,�� � , /a �'� 020-76 � � .�baa8-A . , , --�-_ --- --- _._ .__ � :� � � Thos GT. �YJ'air.� � /O Rc. Oi0-I8 � .�.%rQ,�2g-i� - • ' r � � � , �11� � G23-;y .�LaZ9-83.� --� t',ar/ t-� £ EYe�/ir�e G�i-�r,cT,o�r�do� -..___.._ .... !, $ �7 �G. p2t-79 � `. z��ob�—�s - �" � � , ' zb9.9s . � ea �-�:.8a1 33^?.6�' V o"Y . � � �� �+t 6 • � � � � � . �. $ /7'cf-.sche-/ .6. 13 Edi�`h �1. 1� � 2d•ri.;,.. .`ss" f 33g.o� �9r-�wvh�"�d 030-79 z �r, zz, . �. ` Z SaA� ,��r03}-'�l1 � " � z �n �a •' ;� Z 4' ' j''� ,�$o.y� RRTftutt F*� NRNCy F�, PARTR '325-93 s � F Z �� /9G. 04�-79 � - ' ° .2. {.a3� - A3 � .� . . ,r,. ��, . h �P3 s� � ' •s ` � �'�' +r-., � '" N!i/f�n 050 -79 � �ge. q ' `-. �i 1dy r� ' Hf.�de-bi-�r�d" zve za�. 7.q , tt{ � � ,,q� . c�','. �s.zs"' " �„ '#� � i 2Ge'�t- "�'�o � Q � 4 � 0?2 - 79 ' 07I-79 ' ^�i �$ � � ""f' � a N . � � ; ' b'crr�o �, Gcv � ' : � v �: � � �'o_r�+mdi�r,. � fVr�► �` 060-79 �; 200 2d4,7A �t Z O.Zj �p �� - _ � O r ,'� � ., �. • :f 7 n - --�� !� ., �.• •�, . -. • � , . . .. . � . .1 • ;'✓�a.'r;i ^:'�;s:". • ' 1���' °'k.�...�!1iH -i:v?p.'t .i"!:. 0 zA�sp�L �R'�4�'Nr,q-� ,} n c � � CITY OF MENDOTA HEIGHTS MEMO August 29, 1985 T0: Mayor and City Council FROM: Kevin D. Fraze C�r .�ldministrator ��`' - SUBJECT: NSP Proposed Electric Rate Increase Attached is a letter from St Paul Councilman William L. Wilson concerning NSP's rate increase request. The letter seems to be slightly vague in what action he is requesting at this time, but if Council has any suggestions or interest in becoming involved with the issue, we could pursue it further. Council may recall that we terminated membership in the Suburban Rate Authority last year, because no City Official was interested in being active with the group. ACTION REQUIRED 1'o decide if we want to have further involvement with the issue, and if so, direct Staff accordingly. KDF:kkh attachment August 29, 1985 � FROM: SUBJECT: MEMO Kevin Frazell, Cit 1�'u"f�.f'i�rator Dennis J. Delmont, Chief of Polic REVISED PATROL SCHEDULE Because of the new FSLA decision, an inefficient patrol schedule and our manpower shortage, I have revised the patrol schedule. The new schedule complies with the FSLA, provides us with 99 extra "man-days" on patrol and eli.minates days where only 4 officers are scheduled to cover a 24 hour period. A.comparison appears below: OLD 208 days scheduled per year 10 hours per day 2080 hours per year 112 day random work periods rrEta 219 days scheduled per year 9.5 hours per day 2080.5 hours per year 25 day constant work periods (5 on 3 off 5 on 3 off 5 on 4 off) Although we gain 99 shifts, we still do not approach the point of having two officers on the street at all times. New officers in 1986 will bring us closer to that "ideal level". DJD:cb it iiii ���) iii� ,�,� league of mir�n�sot� cities CONGRESSIQNAL ACTION ON FLSA NEEDS SUPPORT FROM CITIES Legislation introduced in the U.S. Senate to provide exemption fram Federal Fair Labar Standards overtime pay requirements for cities (and states) needs bipartisan suppart. All members of the Minnesata Gongressianal Delegation must�hear im�nedia�e3y from local officials urgi.ng action ta deal with both the problems of' overtime compensation and vo3unteers. If cities do nat �e�zerate significan� mamentum zn - ongress in the next month (September) for changes or exemptians, city lobbying efforts are not likely ':o suecessfully overeome serious opposition�by 2abor organizations. ftesolutions from city councils are rn.�:ded ta ur�e Cangressmen and Senator Boschwitz to support S. 1570, a bill��roposed by Senator Dan Nickles {R-�kla.). Senaiar Durenber�er is onf: of the co-sponsors of this bill. The bill would permit an exemption frc�m FLSA overtime pay requirements for state and loeal employees, permi:t;ing tne use af compensatary time aff S.n lieu af overtime compensation; grant exempt status (from FLSA} for individuals who volunteer services for state and local government; and eliminate the retroaetive application of Federal Fai.r Labor Standards to state and local government. There is no legislation comparable to S. 1570 in the U.S. House of Representatives. Ta date, response iI•otn House members has not been encouraging. Most propasals under cor�sideratian would only assist public"�safety employee work shifts tca permit law enforeement and firefig'ii.ter personnel ta take compen:�«tory time off in place of avertime pay if sueh an arrangement �:; made part of a contract or eolleetive bargaining agreement. Whi.ie several Minnesota Congressmen admit the impact of FLSA requirements is much broader than that addressed in eurrent House proposals, to-date none have agreed to support more comprehensive exemption.� for ca.ty employees. Without increased pressure from local QiliC3.CLls, it is possa.ble that the only ehanges cities wiil get will be to provide some adjustment of pay requirements for public safety ea���loyees (but even that may be limited, as nated above.} The National League of Cities, along wi�h ather state and 2ocal government associations, supports S. 1570, which inaorporates ehanges requested by NLC in a July 22 letter ta President Reagan. ;trong support by cities on this matter is essential if Congressional actian is to be forthcoming. Many m�rr�bers af Cangress are simply not 'f 83 university avenue east, st. p�ul, minn�sota 5�'I O'I tF'} 2) �27-56C10 r :' i � CITY OF MENDOTA HEIGHTS MEMO August 29, 1985 T0: Mayor and City Council FROM: Kevin D. Fraz 't Ad ' ist tor SUBJECT: Fair Labor Standards Act (FLSA) Attached is an action alert from LMC urging Councils to pass resolutions supporting Senate File 1570, which would provide some relief to State and local governments from strict compliance with the FLSA. As some of you may know, in the 1972 case, NationalLeague of Cities vs. Usery, the Supreme Court (on a 5-4 vote) ruled it unconstitutional for the federal government to apply the FLSA to State and local government. In February of this year, in Garcia vs. San Antonio Transit, the court reversed itself (again 5-4), saying that State and localities were covered. The most onerous provision of FLSA is that overtime compensation, except in very restricted circumstances, must be paid at 12 x the normal base rate, as opposed to allowing compensatory time. Overtime is for any work over 40 hours, even if in a different City job. Therefore, our public works employees who are also firefighters must be paid overtime for all their after-hours fire involvement. Although there are special provisions for police officers, we have had to go from 10 to 92 hour shifts. Attached is a memo from Dennis describing the change. Contrary to Congressiona] testimony by national union leaders, the change does not appear to be popular with public employees, at least in this part of the country. Many of our employees have expressed to me their dismay at not having the opti.on of compensatory time, and express hope that th�e law can be changed. Yet Congress seems reluctant to grant legislative relief because they are hearing that employees benefit by FLSA coverage. RECOh1MENDATION Senate File 1570 apparently would address the most troublesome aspects of ' FLSA coverage. I would recommend your passage of a resolution to be directed +^ our Representatives and Senators. ACTION REQUIRED Motion to pass Resolution No. 85- . KDF:kkh attachments CITY OF MENI}OTA HEIGHTS MEMO August 29, 1985 T0: Mayor, City Council and City 'n' of� � FROM: Klayton Eckles Civil Engineer SUBJECT: Lake LeMay Flooding Job No. 8310 INTRODUCTION: The unusually high precipitation experienced the last three years has raised Lake LeMay to an alarming level. There is a possibility that the water level of Lake LeMay could continue to rise and cause substantial property damage and impede access to homesteads. Therefore the proper course of action in the event of flooding is being planned until a more permanent solution can be implemented. DISCUSSION: There are only two possible alternatives available if the City chooses to act upon this problem. 1. One viable temporary solution involves the use of high capacity field pumps to carry the water away from the affected area. This option is li.mited in that Lake Augusta is the only area with a large storage capacity that is within range of the pumps available. Pumping water into Lake Augusta, itself a land- locked lake, could cause damage to foilage along its shores. Every foot Lake LeMay is lowered would raise Lake Augusta about 8 inches. Therefore if Lake Augusta is also at a very high level this option may not be available. The cost to implement this option, including pump rental, labor and operational costs would be about $3,500. 2. The other alternative involves the extensive use of sandbags or earth berms to form a protective barrior. This option could only be used to protect homesteads and access to homesteads. Due to the long term unreliability of this type of procedure it could only be used to "buy time" until a long term solution could be implemented. Generally all work would take place on the.homeowner's property at the homeowner's expense. However, the City could choose to supply labor and equipment to aid in the construction. ACTION REQUIRED: The lake level is not currently threatening therefore no specific action is required at this time. Staff will continue to work on the feasibility regarding a permanent lake level control. 1 CITY OF MENDOTA HEIGHTS MEMO August 30, 1985 T0: Mayor and City Counc'1 � FROM: Kevin D. Frazell, �c P�r(inistrator SUBJECT: Contract for Master Parks Study Attached is a proposed contract between the City and Barton-Aschman Associates, Inc., for a project eniitled, Mendota Heights Park and Recreation Facility Planning. Based on a quick review, the contract appears consistent with our expecta- tions for the project. Staff and the City Attorney will review the agreement in more detail prior to Tuesday's meeting. _ ACTION REQUIRED To consider any Staff or Attorney suggestions, and pass a motion authorizing the Ma.yor and City Clerk to execute the agreement with Barton-Aschman Associates, `r� Inc., for the Mendota Heights Park and Recreation Facility Planning Project. KDF:kkh Attachment r: Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 August 27, 1985 Mr. James E. Danielson, P.E. Public Works Director City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mr. Danielson: We have enclosed for your review and signature two copies of the Mendota Heights Park and Recreation Facility Study contract. The basis of this contract was drawn specifically from our proposal. Oualifications were added to denote that tasks requiring mapping will be completed to a level of detail commensurate with available base mapping. Dur fee for the study has been adjusted downward to $19,100 in anticipation of the city providing topographic or half section mapping for specific existing or proposed park sites. Please sign both contracts if their contents meet with your approval. One copy should be kept for your records and the second returned to Barton-Aschman. We look forward to working with you in the next four months. Please call me if you have specific questions. Sincerely, ry �� � ���� Barr J� rner ��� Y Senior Associate � BJW:kro � 0 �! � ^ � `t 0 CITY OF MENDOTA HEIGHTS MEMO August 30, 1985 T0: Mayor and City Council FROM: Kevin D. Fraxe C� �(dministrator SUBJECT: Offers far Wachtier and Kirchner Froperties ; +.'•.i; �, • Attached are purchase offers for the Wachtl.er and Kirchner properties, as directed by Counci3 at the August 20 meeting. I naticed thai the contingency clause is inaccurately in the Kirchner rather than Wachtler offer. I will ask aur Attorney, Dave Moran to have corrected agreements available 7uesday evening. � ACTION REQUiRED Authorizat�on from the Mayor and City Clerk to execute the agreements, and for Staff and the Attorney ta present to the owners. ' KDF:kkh � attachment � CITY OF MENDOTA HEIGHTS MEMO Angust 30, 1985 T0: Mayor, City Council and City A i�ri��r FROM: Klay�.on Eckles Civi1. Engineer SUB.IECT: Traffic Control Signs for lst Avenue and Emersan Neighborhood IN'TRODUCTION : A� the request of Robert Meyer at 1399 Clement, staff has completed study of the traffic situation on Emerson, Clement and ls� Avenue. Staf: concluded a problem does indeed exist in this area. � DISCUSSION• a Mr. Meyer proposed adding a stop sign for westbound traffic on lst � Avenue while keeping the yield sign for eastbound traffic in p�.ace. This praposal is not feasible according the manual of Unifarm Traffic Controll Devices. Yield signs and stop signs glaced in the same intersection wauld cause confusion and indecision on Che driver's part. Instead staff proposes a stop sign be added for westbound traffic an lst Avenue and the yield sign replaced wi�h a stop sign. This wauld end the problem of westbound traffic on lst Avenue and southbound traffic on Clement both having the right-of� way.. Traffic sauthbound on Clement would have priority. This praposal� would also slow �raffic on lst Avenue ta al.low time far motorists unf amiliar wi�h the area to make a decision and also slaw traffic down to a safe � cornering speed �o turn onto C].ement. Mr. Meyer's other proposal was to replace the yield sign on northbound Medora at Emerson with a stag sign. Staff feels there is no reason to � change the sign at this time. A yieid sign is actual.ly a stronger regulatory contral than a stop sign. A stop sign is warranted if traff�.c volumes are relatively heavy but thzs is not the case. � During �he study af �he area staff discovered two yield signs in pl on north and southbound Knollwaod Lane at Emerson that are not covered b the current ordirtance far stree� signs Therefore these signs should be remaved or the current ordinance shauld be amended. RECOMMENDATION• Staff recammends that Ordinance No. lil3, "An Ordinance Establishing Stop and Yie.ld Intersections Within the City of Mendota Heights," be amen with an additian af lst Avenue east and westbaund as a stop street and a, Clement a through street, and the exclusion of the pravision pertaining to ls� Avenue as a yield street and Clemen� as a thraugh street, and �.he additian of north and southbound Knallwaod as a yield street and Emerson as a thraugh s�reet. ACTION REQUIRED• If the Council chooses to implement staff's recommendation, Coun- ci1 should adopt a Ordinance No. , An Ordinance Amending Ordi.- nance No. 1113. � a � CITY OF MENDOTA HEIGHTS MEMO September 3, 1985 T0: Mayor and City Council FROM: Kevin D. Fra 1�� Cit Admin' trator Y SUBJECT: Add-on Agenda for September 3rd City Council Meeting It is recommended that the agenda be adopted with the addition of one item to the Consent Calendar. Also, there is additional information on two items that are scheduled on the agenda. 3. Agenda Adoption It is recommended that the agenda be adopted with the addition of item �� 5f. Grand Opening of I-494/Dodd Road Interchange if . The 494/Dodd Road interchange is scheduled to be open two weeks from today, September 17. Because of the number of past and upcoming grand opening events scheduled in Dakota County for the interstate system, Mn/DOT has suggested that we keep this a simple occasion. However, both Mn/DOT, the City of Eagan, and I agree that we should have some minor ceremony with a photo opportunity for the press. This would probably be something along the lines of the two Mayors meeting to jointly cut a ribbon, in accompaniment with local and highway department dignit- aries. Mn/DOT has suggested 11:30 A.M. as an appropriate time for such a ceremony. Unless Council feels that we should do something different than that proposed by Mn/DOT, we will proceed to develop this plan. The only Council action required at this time is to mark your calendars for the ceremony at 11:30 A.M., on the 17th. 8a. Bid Award for Mendota Heights Road Construction Bids were received this morning. Please see the attached memo from Engineer Klayton Eckles for a tabulation and recommendation for bid award. 9.h Master Park Plan Study 9h. Acting City Attorney Mo�ran has reviewed and approved the agreement as submitted by Barton-Ashman. The only substantative change is in Section 4.10.1, where we have added the hourly billing rate for the special consultant, Mary Ellen Ordal, at $25.00 to $35.00 per hour. KDF:madlr -attachment CITY OF MENDOTA HEIGHTS MEMO September 3, 1985 T0: Mayor, City Council and City Ad is�tq� FROM: Klayton Eckles Civil Engineer SUBJECT: Mendota Heights Road Upgrading Lexington Avenue to Trunk Highway 55 M.S.A. Project No. 104-103-06 Job No. 8428 Improvement No. 84, Project No. 6 DISCUSSION: The attached resolution indicates the result of bids for the above project that was received today, September 3, 1985. The low bid from M. Danner Trucking, Inc. is seven percent (7%) below the Engineer's Estimate. � RECON�IENDATION : Staff recommends awarding the contract to M. Danner Trucking, Inc. of Inver Grove Heights, Minnesota. ACTION REQUIRED: If Council wishes to implement the staff recommendation, they should pass a motion adopting Resolution No. 85- , RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREETS, CURB AND GUTTER AND STORM SEWER CONSTRUCTION ON I�NDOTA HEIGHTS ROAD BETWEEN LEXINGTON AVENUE AND TRUNK HIGHWAY 55 (IMPROVEMENT N0. 84, PROJECT N0. 6; M.S.A. PROJECT N0. 104- 103-06) City of Mendota Heights Dakota County, Minnesota RESOLUTION N0. 85- RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREETS, CURB AND GUTTER AND STORM SEWER CONSTRUCTION ON MENDOTA HEIGHTS ROAD BETW�EN LEXINGTON AVENUE AND TRUNK HIGHWAY 55 (IMPROVEMFNT N0. 84, PROJECT N0. 6; MSA PROJECT N0. 140-103-06) WHEREAS, pursuant to an advertisement for bids for the proposed construction of streets, curb and gutter and storm sewer improvements to on Mendota Heights Road between Lexington Avenue and Trunk Highway 55 (which improvements have heretofore been known and designated as Improvement No. 84, Project No. 6), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER M. Danner Trucking, Inc. Inver Grove Heights, MN Preferred Paving, Inc. Waconia, Minnesota Valley Paving, Inc. Shakopee, Minnesota Bituminous Roadways, Inc. Minneapolis, Minnesota Alexander Construction Co. Inc. Apple Valley, Minnesota and BASE BID $142,181.75 $153,883.50 $160,498.75 $161,559.00 $176,522.50 WHEREAS, the City Engineer recommended that the low bid submitted by M. Danner Trucking of Inver Grove Heights, Minnesota, be accepted. � NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the bid of M. Danner Trucking, Inc. of Inver Grove Heights, Minne- sota, submitted for the construction of the above described improvements be and the same is hereby accepted. 2. That the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Fieights this 3rd day of September, 1985. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON SEPTEBMER 3, 1985 Gas Piping License: Heat n Cool, Inc. Vollhaber Heating General Contractor's License: Golden Eagle Buildens, Inc. 0'Connell Construction/Renovation Midwest Construction Company K.W. Arms Construction Exterior Design Studio Heating and Air Conditioning Licens�: Heat n Cool, Inc. Vollhaber Heating Plastering/Stucco License: Williams Drywall Company fi CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 1113 The City Council of the City Mendota Heights, Minnesota, ordains as follows: SECTION 1. Ordinance No. 1113, known and referred to as "An Ordinance Establishing Stop and Yield Intersections Within The City of Mendota Heights" is hereby amended in the following respects: The following streets are hereby added to Section 1 of said Ordinance, "THROUGH STREETS AND STOP INTERSECTIONS," Throu�h Streets Clement Street Stop Streets lst Avenue The following streets are hereby removed from Section 2 of said Ordinance, "THROUGH STREETS AND YIELD INTERSECTIONS," Through Streets Clement Street Yield Streets lst Avenue (Eastbound) The following streets are hereby added to Section 2 of said Ordinance "THROUGH STR�ETS AND YIELD INTERSECTIONS," ThrouQh Streets Emerson Avenue Yield Street Knollwood Lane SECTION 2. This ordinance shall be in full force and effect from and after its publication according to law. Adopted and ordained into an Ordinance this 3rd day of September, 1985. CITY OF MENDOTA HEIGHTS Robert G. Lockwood, Mayor ATTEST : � Kathleen M. Swanson City Clerk . CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION N0. 85- RESOLUTION URGING LEGISLATIVE SUPPORT FOR SINATE FILE 1570 WHEREAS, on February 19,1985, in Garcia versus San Antonia, the , U.S. Supreme Court ruled that State and local governments are covered by provisions of the Fair Labor Standards Act; and WHEREAS, it is estimated that compliance with the law will add billions of dollars to the cost of State and local government; and WHEREAS, the Iaw creates particularly onerous problems for .: local governments, like Mendota Heights, which have full-time employees that also serve as volunteer firefighters; and WHEREAS, the law is not only expensive for State and local governments, but also is unpopular with substantial numbers of public employees who prefer to have the option of compensatory time off for overtime work. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights urges Senators David Durenberger, Senator Rudy Boschwitz, and Representative Bruce Vento to support Senate File 1570 and any House companion legislation, which will provide relief from the most onerous provisions of the Fair Labor Standards Act. Adopted by the City Council of the City of Mendota Heights this Third day of September, 1985. CITY COUNCIL CITY OF MENDOTA HEIGHTS Robert G. Lockwood Mayor ATTEST: Kathleen M. Swanson City Clerk 0 ��Y �. Yiearing that the impact of Garcia v. San Antonio (U.S. Supreme Court :.� decision of Feb. 19, 1985 mandating application of FLSA to state and local government) is causing problems for cities. Liability questions for cities as well as the immediate high cost of volunteer services make FLSA one of the most significant challenges facing city officials. With a 2-3 year possible liability exposure to employee lawsuits and a 3 year limit for willful violation, cities stand to risk harsh and punitive actions resulting from FLSA enforcement scheduled to begin October 15, with retroactive liability to last April 151 Some of the most damaging results will hamper volunteer firefighter services in many small cities where city employees holding regular city personnel positions also act as volunteer firefighters. According to FLSA regulations, such employees who earn $2.50 or more per fire call are considered non-exempt and must be accorded all overtime compensation under FLSA requirements. Average hourly pay for both regular employment and volunteer firefighter duty is the generally applied method of computation to determine the base rate which is then multiplied oy 1/2 times the number of hours over �40 to calculate the overtime pay due. Emphasize the difficulties and corr;�lications that result for your city in applying the cumbersome FLSA re�;t�lations to city operations and personnel management. Be specific about increased costs and the harm resulting to the carrying out of basic city services. Please send a copy of City Council Resolutions and/or correspondence to the LMC Office. Much depends on your response in this matter. We need to make our Congressional Delegation aware that this is not a partisan issue, but rather an essential issue of directly affecting the ability of cities to deliver basic service at a reasonable cost. � 0 F"a�� Na. 2334 September 3, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of th� Ra��ula�• Maa�.it�Y� Held Tuesday, September 3, 1'�85 Pursuant to due call and notice thereof, the regular meeting of the City Council, City o£ Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The followinc members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Witt moved adoption of the egenda for the meeting including additional items contained in the add-on agenda. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: O APPROVAL OF MINUTES Ayes: 5 Nays: O Councilmember Hartmann moved approval of the minutes of the August 6th meeting with corrections. Councilmember Witt seconded the motion. CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution o£ all necessary documents contained therein. a. Acknowledgement o£ the minutes of the August 28th Planning Commission meeting. b. Acknowledgement o£ a memo on selection o£ a Public Works Superintendent. c. � e. Acknowledgement of the Code En£orcement monthly report for August. , Approval of the List of Claims dated September 3, 1985 and totalling 5136,061.48. Approval of the list of contractor licenses, granting licenses to: . Hest n Cool, Inc. Gas Piping License Vollhaber Heating Gas Piping License Golden Eagle Builders, Inc. General Contractor License 0'Connell Conatruction/ General Contractor LicensE Renovation � H Page No. 2335 September 3, 1985 Midwest Construction Co. General Contractor Licens K.W. Arms Construction General Contrector Licens Exterior Design Studio General Contractor Licens Heat n Cool, Inc. Htg./Air Conditioning Lic Vollhaber Heating Htg./Air Conditioning Lic Williams Drywall Company Plastering/Stucco License f. Acknowledgement of a notice that the I-494/Dodd Road interchange Grand Opening will be conducted on September 17th at 11:30 A.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: O ROGERS LAKE LEVEL Council acknowledged and discussed a memo from the City Administrator regarding a letter from a resident questioning why the level of Rogers Lake was dropped and asking Council to consider raising the level. Th� Council concensus was that there is no basis for consideration of raising the lake level. TRAFFIC CONTROL SIGN5 Council acknowledged and discussed a memo from Ci Engineer Eckles regarding a tra£fic study on Emer_ .i, Clement and First Avenue prepared in response to a request £rom Robert Meyer, 1399 Clement. In his memo the Engineer informed Council that a problem does exist and recommended that stop signs be installed on First Avenue at Clement, that yield signs be placed a northbound and southbound Knollwood Lane at Emerson Avenue, and the yield sign on First Avenue (�astbound and Clement be removed.� Mayor Lockwood stated that First Avenue was designate� as a collector street at the time it wes improved and asked why it is proposed to stop collector street traffic and make a residential street a through street. He felt that it would be more appropriate tc place stop signs on Clement Street. Public Works Director Danielson stated that the inter section is unique and presents a dif£icult problem. He informed Council that he, the City Engineer and th� County Traf£ic Engineer met at the site, and after watching the traffic felt that the solution proposed was the best recommendation because of the unusual intersection con£iguration. It was the concensus of the Council that First Av e should remain a"through" street and that signs indicating that cross tra££ic does not stop should be installed on the stop sign posts. Staff was directed BID AWARD, MENDOTA C HEIGHTS ROAD Ayes: 5 Nays: O BUDGET/REVENUE SHARING HEARING Ayes: 5 Nays: O Page No. 2336 September 3, 1985 to prepare a proposed ordinance to provide £or stop signs on Clement at First Avenue and to submit the proposed ordinance to Mr. Meyer for his comments. Council acknowledged a memo and tabulation of bids received for the upgrading of Mendote Heights Road from Lexington Avenue to T.H. 55. Councilmember Witt moved adoption o£ Resolution No. 85-65, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREETS, CURB AND GUTTER AND STORM SEWER CONSTRUCTION ON MENDOTA HEIGHTS ROAD BETWEEN LEXINGTON AVENUE AND TRUNK HIGHWAY 55 CIMPROVEMENT N0. 84, PROJECT N0. 6; M.S.A. PROJECT NO. 104-103-06)," awarding the contract to Danner Trucking, Inc., for their low bid of 5142,181.75. Councilmember Cummins seconded the motion. Msyor Lockwood opened the meeting for the purpose of a public hearing on the proposed 1986 budget and General Revenue Sharing uses. City Treasurer Shaughnessy stated that a 51,700,840 General Fund budget is proposed for 1986. He informed Council and the audience that the City's 1986 General Revenue Sharing entitlement will be 533,000, that it is proposed that 510,500 of the entitlement be used for election equipment acquisition and that the balance be dedicated as capitol reserve. He pointed out that this will be the £inal revenue sharing entitlement period and informed the audience that the City's revenue sharing allocations have always been used for capitol pro�ects or capitol equipment: the 1985 entitlement was dedicated £or purchase o£ radios, a park department truck and preparation of an architect's study £or proposed City Hall: prior entitlements were used to fund the Public Works Garage construction fund de£icit. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Witt moved that the hearing be closed at 8:15 P.M. Councilmember Blesener seconded the motion. It was the concensus of the Council that a budget review workshop be conducted on September 11th at 7:00 P.M. C Page No. 2337 September 3. 1985 CASE N0. 85-21, Council ecknowledged an application from Eileen O'ROURKE O'Rourke requesting approval of an application to repeal a resolution adopted December 8, 1976 which approved the subdivision of Lots 2, 3 and 4 of the Furlong Addition. Ayes: 5 Nays: O Councilmember Cummins moved the adoption of Resolutior No. 85-66, "RESOLUTION APPROVING THE SUBDIVISION OF LOTS 2, 3, AND 4, FURLONG ADDITION." Councilmember Hartmann seconded the motion. CASE NO. 85-17, Mr. George Span�ers and Mr. John Span�ers were preseni SPANJERS to request approval of the division of Lot 7, Somerset Hills Addition C1824 Valley Curve) into six lots. George Span�ers asked £or preliminary plat approval based on development of an agreement addressing deferred assessments, utility extensions to proposed lots 3 and 4, and park contribution. In response to e question from Mayor Lockwood on whether Lot 5 is buildable, Mr. Span�ers stated that Lots S and 6 consist o£ 17,500 and 15,500 square £eet. He stated that while the Planning Commission expressed concern that the lots would look congested, he does not tf k that will be a problem. Councilmember Blesener shared Planner Dahlgren's £eeling that the lots are small in comparison to others in Somerset Hills. Mr. Span�ers brie£ly described the area and stated that hearing, notices were sent to every property owner within 350 feet of his property and no negative responses were received. There was discussion over the buildability of Lots S and 6, size of the lats in comparison to others in thE area, collection o£ de£erred assessments, and locatior.� of the rear lot lines of Lots 5 and 6(whether the creek should be included within the lots or be the lot. line). After discussion, the mstter was continued to September 17th and staff was directed to notify owners i of property on Hilltop, Valley Curve, Elb Lane, � Hilltop Court and Ridge Place. CASE NO. 85-25, HUI�TER Dr. Steven Hunter was present to request approval of a variance from the height restrictions of the Zoning Ordinance to allow construction of a three story residence, 28 £eet in height, on Lot 3, Block 1, Hunter Blu£f. Dr. Hunter reviewed his house and siLe plans for the Council. Page No. 2338 September 3, 1985 Councilmember Cummins moved approval of a three variance to the height requirement and one-story variance £rom the three story height requirement the Zoning Ordinance to allow construction of a story, 28 foot hiqh residence on Lot 3, Block l, Hunter Bluff Addition. Councilmember Witt seconded the motion. Ayes: 5 Nays: O foot of 3- CASE NO. 85-26, On the recommendation of the Planning Commission, MCLEVISH Councilmember Hartmann moved approval of a 10 foot lot width variance and three foot garage size variance to allow construction of a residence and 437 squsre foot garage on Lot 12, Block 2, Guadalupe Heights Addition. Councilmember Cummins'seconded the motion. Ayes: S �ays: O LEMAY LAKE FLOODING The Council scknowledged and discussed a memo from Public Works Director Danielson regarding the level of LeMay Lake. BIKE TRAIL The Council acknowledged a memo from the Public Works Director regarding sur£acing o£ the Curley Addition bike trail. It was noted that quotes £or paving the trail were received from Daily and Son for 51,125 and from Ace Blactop for 51,227. After discussion, Councilmember Cummins moved to direct sta£f to pr�pare a purchase arder for bike trail paving by Daily and Son £or �1,125, the cost to be financed by the Special Park Fund. Councilmember Hartmann seconded the motion. Ayes: S Nays: O ZASPEL EASEMENT The Council acknowledged and discussed a memo £rom the Public Works Director informing Council that Mr. & , Mrs. Noel Zespel, 1792 Ridgewood,Drive, have submitted an easement document which will allow City staf£ to enter their property to complete corrective grading and filling work to con£ine drainage £rom the City's storm water pipe to within the essement area. Mrs. Zaspel, present for the discussion, stated that even if Mr. Kra�niak executes the court-ordered easement, the City can still accomplish the drainage correction on her property rather than the Kra�niak, whichever is best. After discussion, Councilmember Cummins moved to Ayes: S � Nays: O � Page No. 2339 September 3, 1985 suthorize the Mayor and City Clerk to execute the easement and to direct staff to complete the grading end filling as necessary. Councilmember Witt seconded the motion. PARK STUDY Councilmember Witt moved to authorize the Mayor and City Clerk to execute an agreement with Barton-Aschman Asaociates, Inc. £or preparation of the Mendota Heights Park and Recreation Facility Planning Pro�ect. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: O NSP ELECTRIC RATE The Council acknowledged and discussed a memo £rom the INCREASE City Administrator regarding a letter from St. Paul Councilman William Wilson concerning a request from NSP £or an electric rate increase and suggesting that Mendota Heights participate in a consortium o£ cities �oining to intervene in the electric rate case. It was th� concensus that the City does not wish t� participate. Mayor Lockwood stated that he would reapond to the letter. FAIR LABOR STANDARDS The Council acknowledged a League o£ Minnesota Cities ACT Action Alert and a memo £rom the City Administrator regarding the Fair Labor Standards Act and its impact on overtime compensation. Councilmember Cummins moved adoption of Resolution No. 85- 67, "RESOLUTION URGING LEGISLATIVE SUPPORT FOR SENATE FILE 1570." Councilmember Witt seconded the motion. Ayes: 5 Nays: O COUNCIL COMMENTS Councilmember Blesener indicated that she has received two more citizen contacts expressing cor�ern over bike trail safety at Lexington and Marie. Councilmember Cummins asked that the City Attorney's office prepere an opinion on what implications Comprehensive Plan revisions would have on £uture rezoning requests in the Southeast area. , ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting Page No. 2340 September 3, 1985 be ad�ourned to a closed session for discussion on negotiations for acquisition of the Wachtler and Kirchner properties. Councilmember Cummins seconded the motion. Ayes: 5 Nays: O C TIME OF ADJOURNMENT: 9:59 o'clock P.M. ---------------------------------- Kathleen M. Swanson City Clerk ATTEST: ---------------------------------- Robert G. Lockwood Mayor A M�JU NT '� 9/3/85 CLAIMS LIST � /�� � 15-Fngr �, 2�-Police CH�CK REGi T�R 30-Fire 4�J-C�0 V=NDO� ITEM DESCRIPTION 16.80 AMFRICAN R�D CROSS CPR 80CKS/TEST 16.£3D +✓ 28.24 28.24 */ 257.Si� 257.50 *,/ 14.9� 14.97 *,/ 210.�10 21�.�Q � 44 .Z 3 44.23 *� 17R.�0 178,�0 *✓ 2b.fi5 51 .5 S 51.55 26.b5 51 .50 26.?0 z34.6d +►� 191.3�J 35.�7 227.1 T #/ 6b.42 b6.4 2 +s/ SO.JC! 40.6� zs�.00 37�._'0 */ 31,8'l3.67 / 31 ,813.�i0 */ 4.35 4.35 4.35 4.35 4.49 4.35 26.Z4 *� � T8.]0 7R.J0 * � 693.46 A�ERI CA N T OUL SPLY CLAREYS S�FETY EB CnMPUT�°R S�iQPP�R HEiUNERIN �TY Mw0 ��( ALEK�yDEF �F6 CO CHRIS KLEIN�CK NARDINi FI��E �0 NAROINr FI RE t� NAROI�JI �iRE EQ NARDIN� FIRE �Q NARDI NI FI RE EQ PJAR�INI FIRE �Q GiRAI,D N�LS ON GERALD 'VFLSON ROAD R�!SC�E I NC SCHAA�' CONML LAYN SCHAAF CO,MM� IAWN SC HA 4 F C04ML L� WN ALIiFD Bl.4CK70P ST4TE AGCr RtV FUND STATE AGCr R�U FUNO STATF AGCr REV FU!VO STATE AGCY RF U FUNO STAT� AGCY REV FU�VD STATE A GCIf RE U F UND SCHAAK �L�CTRONIC SCHERFF I!VC SHOP TOOLS ftFR FIRE SUSPENDERS 12 ISSUES REGR FORE�SIC SEM BAT TERY JUL SVC KIDDc A9C MTCN/INSP FIRE EXT MTCNlINS� FSRE EXT KIDO�' A8C MTCN/IlVSP� FIRE Ei(T KIODE ABC S7 FIRE CCN� FiI �IRE CCNV R�'�J MAX BcAM WEED CUTTING uEED CUTTIkG NE=D CUTTIN6 1985SEA� COAT ADM IN FEE ADMIN FEE ADMIN FL� ADMiN F�E ADMIN FEE ADMIN FEE COMP SPLY� RPR SVC b71 APACHE --C- __ ___- _��_O_ 60-Utilities 70-Parks 80-Planning 90-Animal Contro] ACCOUMT N�. iNY. 01�4305-030-30 9 01-4330-490-70 8 12-4630-000-00 2 01-4402-110-10 �1•4400-020-20 01-4305-020-20 1 01-4335-315•30 01-4305-050-50 1 C1-4305-050-5� 1 0'! •4305-070• 70 1 01-4305-070- 70 1 15-4 305- 060- 60 1 15-4305-�60-60 1 Oi-440fl-G30-30 01-4415-030-30 01-4330-460-3�J 9 L�1-4490-040-4D 9 �11••4490-04fl-40 9 01-4490•040-40 9 0'1-4423-050-50 01-4135-040-40 01-4135-050-50 01-4135-�70-7Q 01�4135-110-10 OS-4135-105-15 15-41 35-060- 6tl 01-4300-020-20 5 35-4460-910-00 CHECK REGIST�R :�MOUNT V�"NDO� ITEM DESCRIPTION 693.46 *� 1,74�3.SU LO�RIf �1IL�ROTH 1•74C.50 *i 111.�3 INR�OVAT�IV=PUBL C� 111.�3 *� 20.�0 M�J O�JT Z J . '? 1� *,� . . 136.30 1ST TRUST ST PAUL 132.J4 1ST T�UST ST PAUL 204.�3 1ST TRUST S7 PAUL 2�4.;;3 1S7 Tr�UST ST PAUL b76.40 4 i 53.fi3 53.63 *i 1,194.�0 2,328."0 3,522.]0 */ 26 . R3 26.83 */ 268. � 8 7.89 36.40 312.47 */ 1Z.75 72.75 15.'!0 9.2R- 46.1 5 22.80 12.73 7�.26 1 �3.1 6 R / AIR ;.OMM INC ARN�'SON FU�L OIl SVC ARNES'JN FUEL OIL SVC B&J AUT�p SPLY BD WAT�R �3MMISSIUN BO WAT_IR COMMISSION BD YAT�R C�MMISSION CITY MOT02 SUPPL1f CI TY t�10T0� SUPPLY CITY +�f3T0� SUPPLY CITY MOTQR SUPPLY CIT�f �10T03 SUPPL1f CTTlf MOTO� SUPPLtf CITY MOTD? SU�'PLIf CIT'l MDTQR SU?P�Y R� SNR 571 AFACHE RPT 41RITIh& MANUALS ISSUE Fc� ISSU� F£E ISSUE FE�' ISSUE FEr aiG �IA62231 !VO l�aD R�GULAR PARTS404 JUL SVC JUL SVC JUN �NGR FLOR DRI FI�OR DRI PAR TS RTN �AR TS PAR TS FLOR DRI BATTERY/CABLES 12�•22 COPY EOU�a CO MISC SPLYS ACCOUNT N0. i�l'� 35-4460-910-00 Q1-4402-020-20 '� 05-44Q2�1i75-15 16-4226-000-00 � 72-4226-00�-00 � 75-4226—$1 2-00 .! 75-4226-821-00 e� 01-4330-490-20 ' 01-1210-000—Oa � O1—i 210-000—"'� d 15�4330�490-60 � �1-4425-315-3C 15-4425-310—bt7 87-4231-812-00 M �31-4305-OSO-50 i 01-4305-07Q-70 1 01-4330-440-2�J 1 01•4330-490-SO 1 01-4330-490-50 1 01-4330-490-5G 1 15-4305-060-60 9 95-4330-490-6Q 1 QS-43G0-105-15 7 CH�CK REGIST�R AMOUNT V=N00� ITEM DESCRIPTiON 1 2'? . 2 2 *� 65.1 6 DAtiLGRENSiAROLOb�UBAN R� HOUSI NG EL�M 7 �242.�0 DA4iLGRENSyARDl�yt1RAN JUL RETAINER '1,3t?8.15 */ 3,S.�Q DAVZS �L�CiR��l:C SVC 27.25 OAVIS ELECTRONZC SVC 63.25 */ 905.�'� OCR C�RP. 9L�5.;�� */ 132.31 66.' 9 �98.53 *i . t;p�,i�7 °OC'. �:� *� 4.92 ]7.�0 13.?3 5.15 3.90 3.�8 41.TR */ 253.b7 253.67 */ 222. �6 ?69.5�3 4 92 . ?_ 6 *.i ICMA ?C ICMA RC KA IS^R PA:1� tCNUTN TOM KNUTH TOM KNUTH TOM KNUTH TOM KNUTH TOM KNUTH TOM KOKESH SU�?LIES IAKELQ�D = ORO LAKELAND r OR�J PARTS R�RR/PARTS SE�T RENT 8!i bPAYROLL 811 bP�,1fRDlL AU6 SVC MI THr�U 8/27 SEPT ALLOii MI TtiRU 8 /28 MI TMRU $JZT �1I THRU 8 /27 HI Ttit2U B 12T RECR SPLYS RPRSZ293 RPRS2287 ACC�UNT N0. INV. 01-4220-135-80 �1-4221-135-80 01-4330-450-30 � 0'1-433a-450•30 � 01-4200-640-20 01-2072-ODD-�0 01- 41 34-11 0-'10 01-4268-150-30 Q5-4415-105-15 OS-44'15-105-1 S 10-4415-000-00 84-4415-809-00 90-4415-81 S-�� 97-44i 5-825-GO �1-4435-200-7�J 6 01-4330-460-30 3 01-4330-460-3t7 3 4.�5- LAr.GULA' N�NE JULY OISC 01-4305-030-30 - 21.:�4 LANGULA� N�u� P�INT BRUSHES 01-4305-030-30 1 25.h2 LA�GUTA• H�J41E HOS� NO2ZLE 01-4305-030-30 9 42.?� */ AMOUNT 1 53.��0 i53.�� *� 32.32 30J.^'� 64.35 396.6� *./ .65 �.35 1�J.95 2.90 5.63 8�.4� 2.35 32.5[i 2C�.85 z.45 Z.ZS 4.�0 '17 3 . 3 £� *� Z3.�5 2�.75 *� �33.33- 3•786.75 22•227.65 2 �� 83. 33- 23,n9T.74 *� 1•295.�� 1 , 295.::0 * j 1 8. ?fl 3.40 3.40 1 .70 1.70 5.1 0 34.�0 * / V=NOJ� L� lS CHECK RE�iST�R l"�CIT HP �LA►V LMCIT HP 'L�N LMCIT WP 'Li4V ?�gW INC C4�lONPROD M&W INC C4NON�it00 MgW ItJC Cr�NO�VPR�D Mbw INC Co.NON�kOD MB�M INC CANONPROD M&W IVC CA�VONPKOD M&�I INC CA110NP�;00 M&W INC C4NONPiiO� H&i� I NC CR NOVPR �D M&ii INC C�NONP�OD M&W INC CANONPROD M&W INC CQNCi(UPRa7 MEND HGTS RUSBISN M=TRO yASTE CO*lTRi�L M�TRO YAST� CONTROL M= TRO WASTE C��NTROL M=TR3 yAST= �ONTROL MINN MrtVIN�&MFG �1INN MUTUAL LIF� MiNM MUTU4� LIFE NIiUN MUTUAL LIFE MIrJrV MUTUaL LIFE NINN '�UTUCL LIFE MINN MUTUa L LIFE ITEM DESCRIPTION SEP T DUE S S�PT PREM S�P T PR= � SEPT �REM JUL COPT�SIMTCN JUL COPIES/�TCN Jl1L COPIE�JMTCN JUL COPZES/MTCN JUL C�PIESlMTCN JUL COP7ESlMTCN SHPG TONEF JUL COPIESIMTCN JUL COPItS/HTCN JUL COPiES/MTCN JUL CO�ItSlMTCN JUL CUPI�S/MTCN JUL SVC SEPT IhS'A�� AU6 SAC CIiES S�.PTINSTALL S�PT INSTALL OPTICOM �PITT�R SEP T PRE M SEP T �'RE M SEPT PREM ��PT �R"cM ScPT PRE!�! s�Qr PR�r+ ACCOUNT N0. IP�V 01-2075-000-00 Oi-2074-000-Ofl 0'1-4131-020-20 C�1-4131-021-20 01-4268-650-10 01-4300-03U-3� 01-4300-040-44 a��4..1Oa05L�5O 01-4300-080-80 01-43Q0-110-10 �J1-4300�1'! 0•1 J 01-4305-020•20 OS-43U0-105-15 07-4300-000-00 10-430Q-000—�U Z3-4300-000 D1-4280-315-30 14-3575-000-00 15-4448-060-b0 15-4449—D60-60 17-3575-0�0-00 12-4620-000-00 01-2074—D00-00 41-4131-020-20 0'1-4131-021-20 , 01-4131—O50—S� �1-41 31-07t' '1 fl1-4131-11G J q M�U NT . 319.69 6.55 27 .41 34T.65 * /" ?7?.50 115.8$ 33. �i4 78.99 29Q.� S 59 .39 SR.64 8�J'I .'t 9 */ 3�J5 .�0 17^.]0 475.'?0 */ ��,859.J6 ,859.J6 *✓ 584.70 584.:;0 *.� 8.4U R.4t� +► / 13n.99 4?F,GO 608,Q9 *i 134.53 7?.t'D 2�4.53 +/ 29.7l1 7 . '! 2 98.61 135.33 *, CHFCK PEGISTER WENDO� ITEM DESCi�I�'TIDN i NORT!i�RN ST POa�cR CO AUG SNC NORTNEPN ST POU�R CO AU6 �VC NORTHERN St� P�N�R CO AUG SVC N�pTH1JEST=RN R:LL NnRT�IWE'ST_�N B�LL N�RTH�iESTc:r�N B�LL NORTHaFST�RN S�LL NC��?THWEST=RN 8= Ll NOftTHt�EST=RN 8ELL Nf�i2TH�JEST�RN B�'LL OAK CREST KE'VNELS OAK C�EST KEN�;ELS �JP.�EI 8� SJVS ?�UC �S�IALD FI?E FiOSE flxYGE^a SERUiCE C� �irlE B=NQ PAVI'�G INC �iNE B=ND pA11IRG INC PRUDENTIAL FRUD�NTIAL S&T OFFIC= PROD S�T �FF?C= PROD S&T QFFIC� P� OD ACCOUNT N0. INV. 01-4217-300-50 01-4211-315-30 D1-4212-315-30 4UG SVC 01-4210-020-20 AU SUC Q1-4210-030-30 AU6 SVC 01-4210-050-50 AUG SVC 01-4210-070-70 AUG SVC 01�4210�110•1� AU6 SVC �5-4210-105-15 AU6 SUC 15-421�-06D-60 JULY r2ET/CALLS 01-4221-800-9Q JULY R£T/CALi.S 01-4225-800-9Q PrMT 1 �5-1 H�iSc REPAiR D£MU�RAG� THRU 7/15 FZN� �Zx �iEA ft1FINE NI X SEPT PREM SEPT PREM MISC SFLYS MISC SPIY� MISC SP�.1fS 9T-4460-825-00 Q1-4330-460-30 75 01-4305-030-30 2'_ Q1-4422-050-50 3C 01-4422-050-50 31 �1-2074-000-DQ 4E 01-4131-020-20 4f �1-4340-020- 20 P7 01-4300•110-10 P7 05-4300-105-15 P7 AMOUNT 40.�J 40.'30 * / 1 �166.�0 8C.�0 103.��J �49.00 210.'?C 254,'�D 16�.�0 2 � �S[3.�.3 */ 6.54 6.54 */ 1,974.67 1 �4i1.54 537.29 18.16 46.35 168.5fi 91.34 136,9�+ 22$.QD 24.R2 4 �63�3.55 �/ 21.SD 21 . 5 Q */ 6.�� 6.3!� */ �i2.�^ R2 .J 0 +� 6.J2 6.� 2 6.�1 18.G5 * / CWEClc REGIST::R V=NDO� SElA11�=�R JUAN� C SH�UGNNESS1f L E JR SHAUSWNESSY L � JP. SHMUvH�1fESSY L F JR SNAll�HVESSY L E Jit SHAUGHNESSIf � E JR SNAU�NNESSY l E JR SHAUGHNESSY L E JR SNYDER ORJG STORES STATE TREA� °ERA STAT_ TR��S P�R� STA7E TRE4S PERA STpTE TREA� PERA ST�"TE TR�"•S P��A STAT� TRE9S PE!?A STAT� TRE�S PERA STAT� TREqS PERA STAT� TRE�S PERA STAT� TR�3S PE�A STRcICiiER DOfV GUNS U'VIFOf?MS �NLiMZTED U,�ZTED :IA1�-ST PAUL AT 8 T INFD SYSTEt4S AT g T INFO SY�TEHS A� & T IMFD SrSTEMS ZTEM OESCRIPTION SEP� ALLOu AUG S VC A116 SHC AU� SVC AUG SVC AUG SVC AUG SUC AU5 SVC MZSC SPLYS 8/1b PAYRCLL �it bPar� ct� E3/16 PAYRilLt 8/16 PA1fR�LL 8/16 ?AYRCLL 8l16 PAYRCLL 8/16 pArR�LL d/16 PAYr�OIL 8J16 PAYRCLL 8/1 b PAYRCLL BARREL BARDS �:C KS SEPT CONTR AUG SVC AU6 SVC AUG SVC ACCOUNT N0. I� 01�4475-20. 01-4220-132-'! G 03-4220•132-QO 05-4220-132-15 14-4220-132-0� 15-4220-132-6C 1b-4220-132-00 21-4220-132-0� 15-43�5-D60-60 01-20b2-ODO-O� 01-4134-020-20 01-4134-021-20 fl1-4134-03�-30 01-41 34-0� D 01-4134-OSu-50 01-41 34-070-70 ']1-41 34�11 0-1 (J 05-41 34-105-1 S 15-4734-060-bU 01-4305-020-20 01-4410-020-2�7 t�1-2D70-OOfl-00 01-4210-0� 50 :'�1-4210-0� TO 15-4210-060-60 ,MOUNT 7.F39 7.gq */ 58.:� 3 5 8 .'J 3 */ 32 .1 6 6t?.�D 67.�10 29.91 41 .91 ZZ3.98 �„� 1,601.'?0 1 ,664.�0 3,2.h5.J0 *� � Zv •`�n 127.�� *� 175.�t? 175.�0 :/ 7.�39 7.89 +� 52,99�.55 R0.`�0 2�334.38 2.45 15.98 1 ,S 52 . Si3 '15.b7 26 �SO�.b7 39�.3� - �� 83.33- 6$.�J 4.10 2.433.96 CHECK REGISTFR V=NDO? ITEM DESCRIPTION BD uATc:R �;1MMISSION CITIf MOTO� SUPPLY DAWIS c�LEC7RONIC SVC DAUiS ELE�TROr�IC SVC DAVIS EL��TRONIC SvC �AVIS =LE;.TRONIC SUC DAVIS �tLE�TR��JIC SVC DCR � C1�P. DCR �ORP. D�NNIS D�LMONT FR,�Z�LL K_VIN BO WA��R ��MMISSIO%f FUND 01 TpTAL FUN� ^3 TOTAL FU"JD CS TOTe.L �UyO �37 TOTAL FUND 10 TUTAL FUND 12 TOTA� FUND 14 TOTAL FUVD 15 TOTAL FUyO 16 TOTAL FUND 17 TOTeL FUyD 21 TOTp� FU�10 23 TOTAL FUUD 35 TOTAL JUL SVC PARTS RPR/PARTS BATTcRI�S BAT TEr�I£ S RPR /Pqt�TS RPRIPARTS S�PT REhT SFpT RENT SEPT ALL�N S�PT ALLO� JUL SYC GENcRAL FUND VATER REYENUE FUN� ENGR �.NTERPRISE CIVIL DEFENSE SPECIAL PARK FUND �OUIPMENT CERTIFICAT�S CONSOLiDATED DEBT SERVIC SEutR UTIIIi'Y TID I79-7/81-4/82-7/82-6 UTIL RESEFV� INDUSTRIAL OEVELOPMENT CAB�� TV FRAtVCHISE I7T-6/9f10/12/78-2 ACCOUNT NO• INY. 01�4425-310-50 i3'1-4330-440- 20 18 01-4330-450-30 27 fl1-4330-450-30 27 01�4330-450-3� 27 01-4330- 450-30 27 01-4330-450- 30 27 D1-42f30-600-1 Q OS-4 200- 600-1 5 0'l-4415-021-20 01-4415-110-1Q �'1-4425-310-70 � ►�OUNT 't 32,OG 40-8.J 6 6.1 5 36. 4 D 3.9Q 12r�62.14 4T�s�53,92 CHECK REGIST=R V�:NDO� FU�fD 72 TOiA� fUN� 75 TOtAL FU�tO �?4 TOTAL FUND 87 TOTAL �UN� 9n TOTAL FUNli 97 T�OtAL TOT�i� MANUAL CEiECKS 10$50 I0851 10$52 10853 10854 10855 10856 10857 G.T. ITEM DESCRIPTION ACCOt7NT N0. INV� i81 •6/$1-7/81-$ I�33•17UM#�UATERLANEADDN I33-4/$3-48 6RY'C/DAK CTY I83-7B NN RD MN QC?? I$5-1 ANOER/CURLEY 4,108.03 Commissioner REvenue 8/2&8/b6 W/H 2,667.44 St Treas SS Fund $/I6 FZCA 4,868.56 Director Infernal Rev 8/16 FIT 20Q.40 DC Bank 8j16 Payrall Deciuctions 1,481.26 SCCU " 265.00 De*�tan Nerison �emg help P.W: $/15-23 24,117.27 City M.H. Payroll Acct 8/16 Paqrol]. 500.Q0 U. S. P�st Ofc. Ref ill postage meter 38,207.56 3.36, 061.4$ ; C['I'Y UF MI:NIX)"I'A Ili:l(;II'I'S 'I'KF:ASURI:R'S NI:I'UR'I' - August, 1985 L. SIIAUCIINI:SSY , UnKU'I'n c;OUN�I'Y S'I'n"fL I.nN� I Checking Accc�unC , Savings Account ' C.D. Uue i Savings Cer�i[ic.�ces 9-25-�i5 !+ �i.�iG'7.. � 'fU'fAL Coll.ateral - I�onds , Cov't Cuar. CIIFRUKE(: STATE (3A!�'K ; C.D. due 10-7 -HS @ 6. 787 , C. D. due 11-2-�5 (� 8.147 ,' Savings Cert. 9-3-85@ 107 � TOTn L fi'lUU,UUU l OU , UOU 300,000.00 125,ODU.UU 13,952.59 438,952.59 ' Collateral-I3onds 1,5UU,ODU.UO ; Cov'L Cuar. 1OU,OOU.UU U.S. 'fREnSURY [3ILL.S �,�; Uue 3-20-8G S69U,U(?O(ti�t) ( IU.GU) .< 9-12-85 3�0,000O ( ls�) (9.85) 10-31-85 �25,000 (Dk) Collateral-f3onds • Gov't Guar. � MINNESOTA STATf: BANK C.D. Due Collateral, Cov't. Guar. h1INNESOTA FEDERAL SAVINGS & LOAN - EIRST NATIONA[. E3ANK OF ST. PAUL ', C.D. Due Co11��tcral-l3�nds Cov'e. Gu�ir. kcpo. 0 �tin�.nnc:�; 5161,121.85 394.77 25,UUU.U�� 5186,516.62 S625,884.43 283,082.85 SU3,76G.G7 TO"CAL FUN[)S AVAILA13Lf;: � 2,038,203.16 c:�n.i.��'�'i�:itn �. S 3UU , Ur�(1 1,6UU,000 . ' � -�.,� , .. � CITY OF MGNDOTA HEIGHTS MEM4 � ' T0: Planning Commission FROM: James E. Danielson and Paul R. Berg Pub3ic Works DirecCor Code Enforcement Officer SUBJECT: Case Na. $g-21, 0'Rourke, Repeal of Subdivision for Lots 2, 3, and 4, Block 3, Furlang Addition DISCUSSION In 197b, Council granted a subdivision ta the abave referenced property. Applicant now desires to rescind the previous subdivision appraval so that the •• easterly 60 foot lot can be sald ta Mr. Robert.Tausignant, Mr. Tousignant had �:� '`�: inadvertentlp constructed a portion of his driveway on that easterly lot. (See � attached statement by applicant). ACTION REQUIRED iReview proposed subdivision, while conducting a public hearing, and make a rec�ammendatian ta the City Cauncil, �'r' � :., i I JED%PRB:madlr r • ' , PLANNING REPORT DATE: CASE NUMBER: APFLICAI�T : LOCATIGN: ACTION REQUESTED: PLANNING CONSIDERATIONS: ACA�U1iA PAIiK � �� �p,� 27 August 1985 85-21 Eileen F. 0'Rourke Sauth af Furlong Avenue, Easterl.y af Trunk Highway 55 {see sketeh} Reseinding of Previaus Lot Division In 1976, the City P].anning Commission and Couneil approved the division af an area of land known as Lots 2, 3, and 4, Furlong Addition, south of �'urlong Avenue, for the 0`Rourke's. Sinee that time, it was discavered that a portion of` the driveway serving the contiguaus property (Lot 1) encroaehes on one of the lots ereated in the previous�y approved subdivision. The problem has been solved by a propased transfer af Lot 2 to the awner af Lat 1. At this time, the applicant propases to leave the remainder o�' the Iand as a sing2e parcel. Therefore, the appropriate aetion is to reseind.the action of the Planning Commission and Council aecomplished in 1976 tPlanning Case Number 76-31). The remaining pareel will thus be available and huildabla as a single family hame site. It appears that the remaining buildable lot will have a frontage af 120 feet, being Lots 3 and �. : Attaehed are eQpies of the former subdivision indicating the previous division of Lots 2, 3, and 4 into Pareels A and B. e i -- _— ��/"�-.r.f � - i-�=_ ��C��c� _ i t I ' 1 I � � r"" _ 1 �„ri � �- • � ��, ;., � �""' \ '-.r / . � R� un `�,iaN � �� . __�__ :: �� _ � ceM reRr UBJECT R CA�E- r�"- � �� � � 0 1 ;�: I CITY OF ME[dDOTA HEIGHTS MEMO T0: Planning Commission FROM: James E. Danielson and Paul R. Berg Public Works Director Code Enforcement Officer SUBJECT: Case No. 85-25, Hunter, Variance to Principal Structure Height in R-1 Zone DISCUSSION Dr. Steven Hunter proposes to build a new home on Lot 3, Block l, Hunter Bluff, located at 1175 Orchard Place. He ha� had his house plans developed by Neil Anderson and Associates, of River Falls, WI. Mr. Hunter submitted his plan for staff f; review and comments in preparation for acquiring a building permit. Staff noted that " the elevation drawings demonstrated a three story building and advised him that the R-1 zoning ].imits construction to two stories or 25 �feet in height. Mr. Hunter has submitted a statement regarding his situat•ion. (See attach�d). ACTION REQUIRED ` Review the nature of his variance request and make a recommendation to the City Council._ � �; ' . JED/PRB:madlr .s � �: . �2? � AGREEMEM BETWEEN THE CITY OF MENC30TA HEIGHTS AND BARTQN-ASCNMAN ASSOCIATES, iNC. FOR PARK AND RECREATION FACILITY PLAN�QNG TNIS AGREEMENT made and entered into this day af , , by and between the CITY OF MENDOTA HEIGHTS, hereinafter referred ta as the CITY and BARTCIN-ASCHMAN ASSOCIATES, INCCIRPQRATED, a Minnesota corporation with a regular place of business at 161Q South Sixth Street, Minneapolis, MN 55454, hereinafter referred to as the CONSULTRNT. WITNE5SETH: ; That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows. ARTICLE l. GENERAL DE5CRIPTION tJF WORK TO BE DONE That the CITY agrees to and hereby does retain and employ the CONSULTANT a�d the CONSULTAt�IT agrees to perform Professional Services as hereinafter described for the project, entitled Mendota Heic,�hts Park and Recreation Facility � PianninA, hereinafter referred to as ihe PRCIJECT and more particularly described '�, in attached Exhibit A, a part hereof. , The CONSULTANT hereby agrees ta retain and employ Mary Ellen Ordal to . , perform certain portions of the praject pursuant to the terms af the proposal � , presented ta the CITY. No additional subconsultants ar assignment of �`•�^ ; : responsibilities will occur pursuant to the terms of Article 10 of this agreement. . ` ' ARTICLE 2. MEETINGS /�/�`"� -� .► '�'�tJ� , ' The CONSULTANT will attend and conduct up to four meetings wiih the CITY's ., ; Park Corr�mission. The CONSULTANT will also participate in periodic infarmal �: � meetings with the CITY staff. Additional meeting attendance and participation i ; can be initiated by the CL.IENT and wil! be determined to be additiona! services � billed on a time and expenses basis incurred by the CONSUl.TANT. � � ARTIC�E 3. TIME F�R COMPLETION The CONSULTANT agrees ihat work under this Agreement will begin wiihin 7 calendar days after receipt of Authorization to Praceed. The term of the Agreemeni far the perfarmance of services hereunder shall be 120 days for Tasks 1-6 follawing the date of Ruthorizatian to Proce d. It is agreed that the "not to exceed" payment figure sei #orLh in Article ��'herein has been established in anticipation af an orderly and continuaus progress af the PR0,3ECT for 7.20 consecutive deys through completion of the work. � ARTIC�E 4. COMPENSATION TO THE CONSULTANT � 4.10 The CITY shall pay to the CONSULTANT for services performed in aecordance with this Agreement as fallows: 4.10.1 Peyment to the CONSULTANT for services described in Exhibit A of this Agreement shall be on the hourly rate basis for the hours actually spent thereon for the persons in the following classifications at the following ranges in hourly rates. These rates include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. Classification Principal Associate Senior Associate Associates Senior Designers and Senior Technicians �esigner ,�ec nic� s, and G eric4�� Periodic revisions to the above rates shall be the CITY. Hourly Billinq Rates $65.00 to $90.00 $40.00 to $70.00 $33.00 to $60.00 $20.00 to $45.00 $15.00 to �33.00 � �S. oo t� 3s, o0 submitted by the CONSULTANT to 4.10.2 The CONSULTANT shall also be reimbursed at cost for the following Direct Expenses when incurred in the performance of the work: 1. Computer services 2. Outside professional and technical services 3. Identifiable reproduction costs 4. CONSULTANT travel expenses 4.10.3 The CITY shall make monthly payments to the CONSULTANT within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1% per month. 4.10.4 Payment to the CONSULTANT for services set forth in Exhibit A of this � Agreement, shall not exceed $19,100, unless mutually changed by Supplemental Agreement for extra work or changed conditions. Additionally, in the event that �services are provided by the CONSULTANT beyond the contract completion date as a result of circumstances beyond the control of the CONSULTANT, the "not to exceed" payment figure shall be subject to an upward adjustment established by Supplemental agreement pursuant to the provisions of Article 5. ARTICLE 5. ADDITIONAL SERVICES AND SERVICES NOT INCLUDED IN THIS CONTRACT If the CONSULTANT is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, they shall promptly notify the CITY of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement mutually agreed upon by both parties prior to proceeding with any extra work or related expenditures. � ARTICLE 6. DOCUMENTS FORMING THE CONTRACT The contract documents shall be deemed to include this Agreement with all accompanying exhibits as part hereof. ARTICLE 7. ABANDONMENT, CHANGE OF PLAN AND TERMINATICIN Either Party has the right to terminate this Agreement upon seven days written notice, In addition, the CITY may at any time redues ihe scape of this Agrsement. Such reductian in scope shail be set forth in a written notice from the CITY to the CONSULTANT. In the event of unresolved dispute over change in scope or changed conditions, this agreement may also be terminated. In ihe event of terminatior�, ail documenis finished or unfinished, prepared by the CONSULTANT under this Agreement shall be made available by the CONSULTANT ta the CITY pursuant to Article 8, and there shail be no further obligatiQn of the CITY ta the CONSULTANT under this Agreement, except far payment of amounts due and owing for work performed and expenses i�curred to the date and time of termination, computed in accordance with Article 4. In the event of a reduction in scope af the Projeet wark, the Consultant shall be paid for the work performed and expenses incurred on the project wark thus � reduced or on any completed and abandoned work, camputed in accordance with Article 4. Any reduction in the "not to exceed" payment figure shall be established � , by a Supplemental Agreeme�tt entered into by both parties. � ARTICLE 8. DISPOSITIC7N OF PLAN, REPORTS AND OTHER DATA At the time af completion ar termination of the wark, the COI�ISULTANT shall make available ta the CITY aIl maps, tracings, reparts, resaurce materials and other dacuments pertaining to the work or io the PROJECT. All such documents are not intended or represenied to be st�iiable for reuse by the CITY or others on extensions of the PROJECT or any other project. Any such reuse without written verification or adaptation by the GONSULTANT for the specific purpose inkended will be at the CITY's sole risk and without liability ar Iegal exposure to the CONSULTANT. ARTIC�E 9. CITY'S RESPONSIBILITIE� ' �,. 9.10 Ta permit the CONSULTANT to perform the services required hereunder, the �'�''` CITY shall supply, in praper time and seguence, the foliowirtg at no expense to the CONSUL.TANT. 9.10.I Provide all necessary infarmation regarding its requirements as necessary for orderly progress of the work. All known requirements are set forth in Exhibit A. 9.10.2 Designate in writing a person to act as CITY's representative with respect to the services ta be rendered under this Agreement. Such persnn shall tiave authority to transmit instructions, receive instructions, receive information, and interpret and define CITY's palicies with respect to the CONSULTANT'S services. 9.10.3 Furnish, as required for performance af the CDi�iSUL.TANT services {except to the extent provided otherwise in EXHIBIT A), existing data prepared by or services of others, including existing background infarmation such as base mapping, topography, soils, plat mapping, parcel characteristics, ownership, traffic patterns, utility mapping and sizing, cammunity planning and demagraphic data which ihe CITY has privilege to. 9.10.4 Provide access to and make all provisions for the CONSUL7ANT to enier upan publicly owned property as requireci to perform the wark. 9,10.5 Rct as liaisan with other agencies to carry out necsssary coordination and negotiations. 9.10.b Examine all reports, sketches, drawings, specifications, and other documents prepared and presented by the CONSULTANT, obtain advice of an attorney, insura�ce counselor or others as the CITY deems necessary for such examination, and render in writing, decisions pertaining thereto within a reasonable time sa as noi to delay the services of ihe CClNSU�TANT. 9.10.7 Give prampt written notice to the CONSULTANT whenever CITY abserves or otherwise b�comes aware af any deveiopment that affects the scope of timing of the CONSULTANT'S services or any defect in the work of the CON5ULTANT. ,�.. 9.10.8 Transmit task summary memorandums in a three ring nateboak format for the appainted Park Commission and invoived sta#f inembers. 9.10.9 Provide a meeting place and notification for meetings described in Exhibit A. 9.10.10 Provide ather services, materisis, or data as may be sei forth in EXHIBIT A. 9.12 The CONSULTANT shall be entitled ta rely on the accuracy and completeness of infarmation furnished by the CITY. If the CC�NSUl.TANT finds thai any information furnished by the CITY is in errar or is inadequate for its purpase, the CONSULTANT shall pramptly notify the CITY. ARTICLE 10. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom the CONSULTANT performs work hereunder, shall nat be assigned, sublet or transferred, except to the above designated subconsuliant, without the written cansent of the CITY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. , CITY UF MENDOTA HEIGHTS, MN BARTON-ASCHMAN ASStaCIATES, INC. By. By. � !'/� /��"/,i'_'-_..- � - , By: ey: ..` r. ATTEST: EXHIBIT A PHASE I FACILITY IVEEDS ASSESSMENT TASK 1: REVIEW COMMUNITY CHARACTERISTICS AND BACKGRQUVD INFORMATION Objective: To research and document projected Mendota Heights' growth trends ', and demographics Discussion: Mendota Heights has witnessed significant growth in the past two decades. In fact, the community has grown over 15 percent since 1970. According to Metropolitan Council projections, the city will reach 9,000 by 1990 and 10,200 by the year 2000. This growth will ; generate additional park and recreation demand. ' The community's planned diverse land use, physical characteristics =� � and transportation corridors are integral components to evaluating � , existing park developments and responding to future demographic changes and additional development. This task's purpose is to provide an information base from which the needs analysis can be , completed. Subtasks inciude: � � � A. Review the existing Community Park System Plan (1971) and the Recreation Facilities Survey (1977). B. Review and analyze background information relating to the park plan. - Analyze demographic information (U.S. Census, school district data, etc.) for information on age groups, concentrations of special populations, etc. Mendota Heights' changing demographics may require an alteration of its park and recreation program. - Review comprehensive plan (1979), existing land use conditions, trends, development patterns and anticipated phasing to show type, timing and intensity of growth expected. Review of elements such as land use, natural features and transportation will shape park service area boundaries. - � Meet with Planning Department staff to review development trends, utility phasing, plans, etc. Also discuss regulations, ordinances and procedures that will have an affect on park and natural resources including park dedication and shoreland protection requirements. - Analyze existing conditions, trends and plans to show type, timing and intensity of development planned. Although Mendota Heights' growth rate is moderating, trends can be interpreted to indicate areas where demand for recreation resources will be high, unique natural features may be appropriate for recreational us,e or special populations, such as athletic associations, may influence recreational needs. Result: Technical memorandum summarizing Mendota Heights' existing demographics, growth trends and other technical information which influence park development. Barton-Aschman will provide up to ten three ring binders for the memorandums. Meeting: One meeting with Park and Recreation Commission One meeting with city staff Required Information: Mendota Heights will make available previously prepared planning documents such as its comprehensive plan, demographic information and special studies. � TASK 2: INVENTORY OF EXISTWG PARK AND RECREATION FACILITIES Objective: To inventory and analyze park and recreation facilities that influence Mendota Heights. Discussion: Mendota Heights has a number of existing park facilities which vary in size and facility development. In addition, the community has access to nearby federal, state and regional park and open space facilities. The inventory process will: A. Locate and inventory federal, state or regional park and open space facilities which abutt or are in close proximity to the community. Representative agencies will be interviewed to fully comprehend potential development or policy changes. B. Inventory and assess developed community and neighborhood parks and other special use areas. The inventory will include sketch plans and discussion of: - size, (acres) - physical features such as topography, water bodies, vegetation, focal points, etc. - general character of the park and its role (passive, active, etc.) - detail of facilities: type, quantity, state of repair, etc. - degree and type of use - special problems such as incompatible adjacent land uses; noise, safety or traffic problems; vandalism; maintenance problems; water quality, etc. C. Inventory and assess presently undeveloped parks and potential recreation areas within Mendota Heights. Discussion for each parcel will include: - size and shape of parcel and its potential use (i.e., major multiple-use complex) - dominant physical features - general site character - status of pending plans or proposals for its use - special planning considerations such as adjacent land use, safety barriers, etc. - suggestion of possible uses suitable for the site D. Describe all public trails currently used for bicycles, pedestrians, cross country skiing or equestrian and unofficial corridors such as utility assessments. E. General discussion of public indoor r.ecreation facilities, terms of ownership and use, facilities included, degree of use, general character, special concerns. F. General discussion of historical and conservation areas within the city, their present facilities, and the role they serve in overall recreation needs, special concerns, etc. G. General discussion of indoor and outdoor facilities at schools and churches and the degree to which they are used or are available for use by citizens. Opportunities and obstacles to cooperative use and progremming. H. Inventory and discussion of private/commercial recreation facilities and the role of commercial recreation in meeting local needs. The inventory will include a description of facilities, programs, limitations on public use (i.e., member only)fee structure. Result: A comprehensive inventory of all city park and recreation resources including a sketch and profile sheet discussing each site. Level of detail will be commensurate with existing map detail. A summary of all other recreation resources serving Mendota Heights, describing facilities, access and availability for public�use, both current and anticipated. Required Information: Mendota Heights will provide hase mapping (topographic and/or half-section) for existing and proposed park sites. ;,� TASK 3: COMPREFiENSNE f�EDS ANALYSIS Objective: To determine Mendota Heights' existing and future park and recreation facility needs. Discussion: Mendota Heights' needs analysis will have a three-pronged approach to provide a comprehensive review of the community's park and recreation needs. Each methodology has its own specific analysis strengths and, in turn, will reveal inadequacies which another method may fail to acknowledge. Analysis methodologies will include: A. Comparison with accepted standards. General standards relating proportions of park land and facilities to the population, as well as suggesting facility service areas, may be useful in evaluating the overall adequacy of the park and recreation system. The "standards approach" is a useful tool in stimulating further analysis, not substituting for it, and should be used in accordance with other demand analysis measures. B. Interview Key Persons. Private interviews with key community citizens who have specific interest in park, recreation and athletics will be conducted. These interviews promote communication and insights as to the performance of existing facilities and procedures. Perceived needs and constructive comments which may not surface in a public forum are often identified. Interview candidates may include: - community education or other school district personnel - athletic association representatives - city officials including the park's maintenance director, Park and Recreation Commission, and planning staff The city may suggest other Mendota Heights citizens for Barton-Aschman interviews. Up to ten interviews will be ' conducted. ; C. Facility Assessment. A facility assessment will be made based on Task 1 and 2 information. This analysis will review those existing park and recreation development deficiencies on an existing neighborhood and community facility basis which were • identified through the inventory tasks. Result: A technical memorandum will be produced which summarizes the ' needs analysis, including: ; A. Existing and projected five and ten year park needs. The � analysis will show city-wide needs, as well as neighborhood or planning subarea needs. B. Adequacy of existing and planned facilities in terms of access, location and usability. ,: � � C. Identify special use facility needs and probable timing of need. D. Identify needs for future parks. E, Identify qualitative espects af park needs; i,e., upgrading a softball facility from sand lat to league play or canverting temporary hocky rinks to permanent faciiities. F, Map park nseds/deficiencies by location, Meetings: O�e meeting with Park and Recreation Commission Interviews with city sLaif and speciai interest groups 0 � � TASK a: REVIEW POLICY AND CRITERIA ISSIJ'ES Objective: To review and revise or formulate basic community park policies. Discussion: This task focuses on policy issues which Mendota Heights should formulate, or review and revise as needed, previous to park facility expansion. Typical issues which Barton-Aschman could assist in reviewing may include: - existing goals and policies relating to the park system - the roles and interrelationships among various recreation providers in Mendota Heights - potential funding mechanisms and opportunities - formulate a park dedication requirement involving developer land dedication and/or fee A. Review and evaluate existing goals and objectives from the Comprehensive Plan and other documents relating to the Mendota Heights Park System. Refine or augment as needed. B. Review the roles and relationships between the various recreation providers serving Mendota Heights residents, such as: city, school districts, county or state agencies, quasi- public agencies, or private organizations. C. Develop suggested criteria for determining acquisition and development priorities. Criteria might include such factors as: - availability or adequacy of existing facilities - population to be served - time frame of need; present vs. projected need - potential method of implementation (dedication, grant, bond issues, cooperative agreements, etc.) Result: Technical Memorandum summarizing policy and criteria issues to consider for revision or development. Meetings: One meeting with Park and Recreation Commission 0 TAS�K 5: SCHEMATIG MASTER PARK PLAN5 Objective: To prepare master park plans which schematically organize elements for devslopment, given identified site constraints, Discussia�: This task will develop schematic sketches for park develapment areas to be selected by the city. Writien descriptions will complement the sketches describing proposed park development and its relationship to the surrounding neighbarhaod. General cost estimates will be provided for each schematic sketch. A. Identify sites for which cancept plans will be prepared. Prepare base rnaps of sites. B. Identify function of park in terms af park classification, service area needs, user groups, ete. C. Rnalyze siie eharacteristics and suitability #or recreational development including size, slape and soils limitation, vegetation, adjacent land uses, access, and aesthetic considerations such as views, natural features, ete. D. Deveiap a schematic plan for each park. The master plan will portray general park layaut and relationships between activity areas. E. Deveiop general cost estimates. F. Review with staff, refine as needed. Result: Schematic master plans for two parks to be selected by the city. (Schematic skeiches can be prepared far additianal park sites _witF� commensurate compensation.) Level of detail will reflect accuracy of available mapping. , Required Information: Mendota Heights will provide available topographic or half-section mapping far the twa propased sites. TASK 6: Objective: COMMUNITY TRAILS PLAN To establish a framework plan which delineates trail development for pedestrians, bicycles, cross country skiing and equestrian use. Discussion: Mendota Heights has begun to implement bike trails with monies from Dakota County. Other trail projects are eligible for state grants. The comprehensive land use plan designates corridors for development; however, additional detail is desirable to insure a strong system based upon user group origins, destinations, physical features and general design criteria. A. Q C. Inventory physical and cultural features which will influence trail development. Factors may include: - existing community trails - developed or proposed regional trails - significant barriers such as topographic, transportation or cultural constraints - logical trip generators (origins) and trip destinations Define specific user groups based upon interviews with city staff and representative user groups. Establish goals and objectives for trail development. D. Define location criteria to guide and evaluate trail corridors. E. Formulate schematic trail corridors for bicycle, pedestrians, cross country skiing and equestrian. Multi-modal and single use trails will be considered. F. Establish general design standards for each trail mode. Trail widths, surface materials and gradient constraints will be recommended. Result: A memorandum will be produced which summarizes and delineates: A. A synthesis of factors influencing trail location B. Summary of trail goals and objectives, and locational criteria Meetings: Required Information: C. Schematic framework plans delineating trail corridors for: 1., bicycles 2. pedestrians 3. cross country skiing 4. equestrian D. Summary of design standards One meeting with Park and Recreation Commission Interviews with prominent user groups Mendota Heights will provide base mapping as needed for trails planning. . i� HIR�Otfice Copy `°�'�"� � PURCHASE AGREE1VxENT TELLOR'—Bu�•er's CoP3' =, GREEN—Selier'e Capy .+-� P1NK—Buyer'e Recelpt ` 3�.:.ER-DA1°3S Ca. SIinneapolis ....................................................M1IlII., ............................................... .� X�........ RIECErvED OF . The„Citx„of,..Mendata.,Heights,,,a.,.Minnesota,.municipal.,corporatian... ....... . ......... . che �m af......One_.Hundred..and.00j100--..---�...-----.----,-----------.----..t�..lOQ.44........ .) DOLI.ARS .. ...., _ __ _ _ _ _ ............ . check . as earnest money and in parc payment for the purchase of properry at ... .. .................. ........................................... .. � {Cise�c, Guh, to be dtposited n7pon aeceptanee, or Note — State W hicb} ..... See,.attached„le�ga!„descriptian ............. ' ................. ........................: .. ........ ....................situated in che Cvt: :.ry• of .................D3kot�.............,......................,......, State af Minnesota, and lega2Iy described as fallows, to-wit: See attached Exhibit A. incic3ing all garden bulbs, plants, shrubs and trees, all srorm sash, scorm doors, detachable vestibules, screens, awnings, window shac�, bIinds {includin,g venetian blinds}, currain rods, travezse rods, drapery rods, lighting fxtures and bnlbs, plumbing fixr.�-es, hot water tanks and heating plant (with'any burners, tanks, stokers and other equipment used in conneccion there- wirij, water sofcener and liquid gas tank and controls {if the praperty of seller), sump pump, television antenna, inciner- ato:. built-in dishwasher, gazbage disposa2, ovens, coak top sraves and central air canditianing equipment, if any, used and loc�..:d on said premises and including also the fallowing personal property: ali ol which prapercy the undersigned has this day sold to the buyer for the sum af: Three Hundred Eighty Six, Thousand and 00/100---------------------- �� 3$6,000.00 � DpLLARS, ...... ................. .. ............................ ................... xhi� the buyer agrees to pay in the foltowing manner. • • 100 00 the balance 85,900.00 • • Earn�c money herein pa�d �.... .� .............. and �......................., � ...................�f1....C.�1SI1..4!?..., the date of closing. This Purchase Agreement is expressly made cantingent upon (i} payment by the Seiler of ,'" any and all back taxes on the property, including any and al! taxes deferred under the � Green Acres Statute, and upan {ii} the successful completian by #he Buyer, no Iatec than % May 31, 19$5, of a bond referendum to finance the entire purchase price. In the event _� �ither or both af such conditians is nat sa#is#ied by May 31, l985, this Purchase �greement shall be null and void and of no effect whatsoever. �� Subjcz ca perfarmance by the buyer the seiler agrees co execute and deliver a.........Fuii � ......Warranty Decd ........................................... (to i+e joined in by spouse, if aay} canveying markecable title ta said premises subjett only to the folloRing exceptions: (a,� Buildin� and zoning laws, ordinances, State and Federal regulations. (b1 Restrictions selating ta use or imgtovement of Qremises without effettive forfeicure provision. (�} Rcsetvazion of aay minerals or msneral rights ta the State of Minnesata. � (d ) Ucility and drainage easements which do not interfere with present improvements. (t� Rights of tenants as follows: (unless specified, aot subjea to tg ncies) The buper shall pay the reai estate taxes due in xhe year 19 .?5�..„apd any unpaid insta!lrnents of specia! assessments gagabie therew�ith and �ereafcer. Seller warrants that real estate taxes due in the year 19 .,iS.7.. will be ................................... ............... hamestsad tIassific:�tian (full, partial or nomhomestcad—state which) Neixher che seIler nor the selIei s agent makt any representatian or waxranty whatsoever cancerning the unounc of real tscate taxes whi� shatl be assessed against the property subsequent ta the date of ptsrchase. Seller covenants that buildings, if any, art entirely within the boundary lines of the propetty and agtees to remove all personal propercy aot ia:luded herein aad all debris fram the gremists prior to possession dace. SELLER WARRANTS ALL APPLIANCES, HEAT]NG, AIR CO\"DITI(3NING, WiRING AND PLUMBING i7SET3 AND LOCATED ON SAID PREIviISES ARE IN PTtQPER WORKIiVG QRDER AT D �TE OF CLOSING. . The seiler funher agrees to delivcr possession not luer than . the.,,db'�..C.e...0�,,, C105111� ,.,,,,. provided that all condi�ions of this agrr:ment have been tompiied wath. Unless otherveist spetified this sale shall be closed on or befare 60 days fram the c3ate hereof. In the event this properry is destroyed ot substantially damaged by fire ar any other cause beforc the closing date, this agreement shall becaae null and void, at the purchaser's option, and all monies paid heteunder s6a11 be mfunded to him. The buyer aad seller also mutuallp agree that pzo rata adjust nts � r nts, igtert, t, insurance and citp Rater, and, in che case of incaae praperry, cutrent operating expenses, shall be made as of ... ....��e,,,,,:�:;�e,,,C?S„ C10Siilg, ,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, ,,,,,,, The sellet shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or e Regiscered Froperty Ab�tt 'cg scified to date ta include praper searches toversng banktuptcies, aad State and Federai judgments and liens. The buper shall be aUa�c:d 1W days r�fter receipt thereof for txamination af said title and the making of xny objeccions thereto, said objections to be made in wn'••i�e or deemed to be waived. If any objec[ions are sa made the seller shali be allowed 120 days ta make such title markecable. Pending rnmTion af citle the paymencs heteunder requized shall be postpaned, but upan correttion of title and within 10 daps after written natice to c� buyer, the parties shall perform this agreernent acrording ta its terms. If said title is not marketable and is not made so a�ithin ]20 days from xhe date of written objettions thereto as abovc provided, this a�re�ent shall be null and void, at option af the bnyer, and neither principai shaii be iiable for damaees hereunder ta che other printipal. Aii ��ney therecqfore paid by the buyer shali be refnnded. if the tide so said properry be fouad marketable or be so made within said time, anc vid buyer shall defaulc in any of the agreements and continue in default far a petiod of 10 days, then and in that case the seller may ter�ute this contratt and on such terminatian all the payments made upon thie conrrace shall be retained by said seller and said agent, as xhei: respective interescs may appear, as ]iqusdaced damages, cime besn� of che essence heseaf. This provisian shall not deprive eirher parcy of the r�h� of enforcin,� the specific performance of this cantracc provided such contratt shall not be rerminated as aforesaid, and provided aaion to r'�rce such specific perfotmance shall be commenced wichin six months afcex such right of accion shall arise. Ic is understood and agreed chac this sale is made subjecc to che approval by the ou�ner af said premises in uriti»g anc� that the under• sigac_ acent is in no manner liable or responsible on account of this a�reemenc, except to recurn or accnunr for the earnest maney paid under this :. ncract. Thr s:livery af all papers and moaies shall be made at che office of : WII�;Tf-IR,OP, WEINSTINE dc SEXTON 1$Ofi �anwed"Tower,' �44"Ceclar"St: .......... ....... Saint Paui, Minnesota 55101 I. the undersigntd, owner of the above Jand, do hereby approve the x��vice agreement aad the sale thereb � made. The Estate af Mary R. V�tachtler ... .................................... {SEAL} SelIer ............................................ .......................................... By............................................................................................Agent I hereby s�rce to•purchase the said ptopercy for che price and upon the cerms a6ove mentioned, and subjecc to aTt randicians ��°��dMENDOTA HEIGHTS g�YtS �ByOC ................Buyex...................................(SEAL) " sEa�. j } And . t > ....... ..................................... ..s�iirr. ................................. ( % I ( ��ItS ��CJ��C�C. ................ .Buver.................................. SEAL 1"Hl� IS A LEGALI_l' 83NDiNU Ct71�7'itACT. IF NC}"I' UNI}I'Itti'3'C�I7. S1:I:K C�MPi:"1'I:tti'7� AI7VICE. S Exhibit A That part of Government Lot Eight (8) described as follows: Commencing at a point 40 rods West of the Southeast corner of the Northeast Quarter (NE1/4) of Section Twenty three (23), Township Twenty eight (28), Range Twenty three (23), thence North at rights angles 20 rods, thence West at right angles 40 rods, thence South at rights angles 20 rods to the South line of said Northeast Quarter (NE1/4) of said Section Twenty three (23), thence East along said South line of said Northeast Quarter (NE1/4) of said Section 'fwenty three (23) 40 rods to the place of beginning, AND ' Government Lot Eight (8) except the North 280.6 feet of the West 375 feet and except the South 20 rods thereof, all in Section Twenty three (23), Township Twenty eight (28), Range Twenty three (23), according to the Government Survey thereof, Dakota County, Minnesota. �t'A7TF.rdifice CoTY - =`0.75'�� � PURCT-iASE AGREEIVIENT YELLOR'—Su)er'e CopS . GREEN—Seller's Co3a�• J�.LER-DAVIS Co. P1Nh:—Buyer's Recefpt JtinneapoSis ....................................................Minn., ............................................... ., 19........ REC:ENED OF .... The City of Mendota Heights,..a...Minnesota,.municipal., corporation,,,,,,,,, ,,,,,,,, , rh� s,�m of..One. Hunc3ced„and„OOJ144______________________________________.{ ..I.OQ..O.Q ....,.. DOLLARS $ ..} check . , as eatnest money and in parc payment for che purchase of property ac {Cbr.,3c, Gash, ta be drposited upon acctptanee, or Note—�Ststt Whieh} ...... .2150...and 2156 Dodd„ Road ............................................................................................. ........sicuated ia che Co�.:ary of .............Dakot�........,..........,.................,........., Scate af Minnesota, and Iegally described as fallaws, to-wit: The North 166.7 feet of the South 713.4 feet of the !'Jorth 20$.7 feet of the Southwest 1 J4 of the Sauthwest 1/4 of Section 25, Tawnship 28, Range 23 inci;�ding all garden bulbs, plants, shrubs and trees, all scorm sash, storm doors, decachable vestibules, screens, awnings, windoa• st�es, b2inc3s (including venetian blinds}, curcain rods, traverse rods, c3rapery rods, lighting fixtures and bulbs, plumbin� fix:ues, hot wacer tanks and heating planc (with'any burners, tanks, stakers and ocher equipment used in conneccion there- aiW}, watez saftener and liquid gas tank and controis {if the properry af seller}, samp pump, television an;enna, inciner- aco., builc-in dishwasher, garbage disposal, avens, cook top scoves and cencral air conditioning equipment, if any, used and lo�.red on said premises and including also the following personal properry: aII o£ which psogerty che undersigned has this day said to the buyer £or the sum of: Seventp-Six..Thousand...Six Hundred„Twenty,-,F',�.,y,e„and„OOJ1Q0----------- ��7�,�,�5..00......) DOLLARS, ...... ..,.. ........ ahi:h the buyer agrees ta pay in the fallawing manner: ^��s mo e exein aid �....�����Q........ and � the .balance� of 76,525.00 in cash Qn � the date of closing.a .... .... k� c� s�i�l in �ia event be Iater that� May 3I, 1985. Su�;ccc ca perfarmance by the buyer the seller agrees to extcute znd deliver a ................... �.=��1. .......................... Warranty Deed . ..................... (co be joined in by spouse, if any) conveying markecab2e titIe to said pzeraises subjecc only co the faltowing exctpcions: (a� Building and zaning laws, ordinances, Scate and Fedetal regulations. {h; Restriccions relating to use os ianptovernenc of premises without effective forfeiture provision. {cs Reservatian af any minerals or minerai rights ta the State of Minnesota. (d � Ucility and drainage easements which do not interfere with pccsent improvements. (c• Rights af tenants as follows: (unless specified, aot subjecc to�g9ancies) The buyer shall pay the rtal estare taacts due in the year 29 #b.. �nd any unpaid installmtnts of special assessments payable therew�ich anc thereaftox. Seller warrants that real estate taxes due ia the year 19 g,?... will be ................................................... hdmestead ctassificacion (fuU, paaiai or non•homestead—state which) Neither the seller nor the seller's agent makt any rtpresentation or warranty whatsoever coaarning the amaunt of real estate taxts �•hi� shall be assessed against the property subsequent to the date of purchase. Seller covenancs that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all persanal propercT no: inciuded hertin and afl debris from the premises prior ta possession date. SELLER WAIiIiANTS ALL APFLIANCES, HEAT'II�IG, AIR CO\'DITIONING, WIRING AND PLUMBING USED AND LC3CATED ON SAID FREMISES ARE IN PROPER WORKiNG QRDER AT DATE OF CLOSING. t}'1@ d � The seller futther agrees co deliver possession not later chan .. ....... att',,,Of_,C�OS117�.._.._,_._pravided chat alI tonditions of this ag:rment have been comp3ied witts. Untess otherwise spetified this sate shall be ctosed on ar before 60 days from tht date.hereaf. In the event this praperry is destroyed or substaatially damaged by 5re ot any oth�r cause before the closing date, this agreement shall �;a�e nuli and vaid, ac rhe puzchaseis ogtion, and atl manies paid hereunder shzll be tefunded to him. The bvyer and seller sIso mncually agree thar pro raca adjnstg�encs gf enzs, ` terqsr, insurance aad city a�arer, and, in che case of in...me propetty, current operating expenses, shall be made as of ........:4.!1.�...4���"•...Q�..C19S1.[lg .. ........................................... .......... .. The seller shall, ivithin a reuanable time after approval of this agreement, furnish an abstract of tide, ar a Iiegistered Propern• Ab=,na cp rtifred ta date to intlude proper searthes cavtring bankruptcies, and Scace and Federa] judgments and liens. The buyer shall E� allc.ced �D► days after receipc thereof for exunination of said title and the making of any objections thareto, said objections to be made in a•ri�.ine or deemed ta be waived. If any objeaions s�re so made rhe seller shall be allowed 120 days to make such title marketable. Pending rnrn.-cion of ticle the payments hereunder required shall be postponed, but upon carrectian af ticle and wichin i0 days after �a�ricten notice eo c1e buyer, the parties shall perfatm this agreement according to its ter;ms. If said title is not marketable and is not made so a•ithin 120 days from the date of wtitten objections theteto as above provided, chis acnzment shall be nnll and vaid, at aption af the buyer, and neither printipal shall he Iiable for damages hereunder to the other pzincipal. Al: c�uney theretofare paid by the buyer shall be refunded. If the title to said praperry be found marketabte or be so made wirhin said timc, anc said buyet shall default in any of the agreements and continue in defaulc foc a petiod of lp days, then and in that case the seller may ter.:.-inace this contratt aad an such termination all the payments made upan this concract sha31 kre retained bp said seller and said agent, at the:: respective interescs may appear, as liquidared ciama�es, time being af the esse»ce hereaf. Thls pravisian shall aot deprive either parry• of che rich� of enforcia� the specific performance of this contraa pravided such contratt shaU not be terminated as aforesaid, and provided aaion ta r.tfurce such specific petfotmance shall be commenced within six monchs afcer such right of action shall arise. ic is understoad and aerecd rhat this sale is made subject to the appzoval by the owner of said premises in wriciag and that the under- sic.^.:*�i aGent is in no manner liable or respansible an accaunt of this a�;reemenc, except to return or account for the eamest money paid under tUi� contract. Th; drlivery of aIl papers and monies shalJ be mado at the affice of: V�i1NTHROP, WEINSTINE � SEXTON ' S�}'0" on "ed"Toive'r...�4t�...Cei3ar �'St: ................ �aint au�, Minnesot'a 55i01 I. the undersigncd, owner of che above lnnd, do hereby approve the rSove agreement uad che saIe thereby made. Fiar'r'y""'R:' 'Kicct�ne'r'. . ..s�iiei ................................... tsEa�.> ...... . . ...... . ............. ....... ................................. (SEAL) Elaine 1VI:"'K'ircFiner ��i�r ,By .................�,........................................................................ Agenc i hcreby agree ta pnrchase she said pzopercy far the pricc and upon the terms above mentianed, and subjcct to aIl conditions ������`p��dh9ENDOTA HEIGHTS .�Y�Its ��lVla. .ac . .............. .......................................... tS�nL> y Buyer F►,�tt�Tts...�'Ie'rk . ............... .......................................... �s;�nr.> 8uver 1'I-il� IS A LI:GALLY BINDING CON7'RAC:'I'. iF NOT llNDI:RS'TOt}I}� ;;i?i;}� CpMPF:"I'I:N'I' ADVICF. �,,. ,:,�:'== df1L' I.L•'It-17A\'Iti l`��. " \Iintte:ti�teli:� PURCHASE A�REEIt�ENT ................................ .. ..............Minn., .,........... �1'IiITE--Ufflc�• l'np�' Yt:S.Lt)tit'-2iu}•ec':: t.:r�iyy. t:RLf*.b7—Se3ier's Copy YINK—Buyer's 2teceipt ........ .................... .. 19 ...... � R�CEIVED OF The City..af,..Mendata..Heights,.,a...Minnesata.,municipa! .�orparation...__ che sum of One Hundred .and._00/100------------;-----------------------.,,�g .100.00. ,.,,� DOLLARS .. ..�h��� . as earnest maney and in garc payment for the purchase af propercy ar . .. . .. ... ... . .... ............................. .. (Chrck, Cash, W be depoeited upon acoeptance, or Note— Sute Whieh) .......See„a#tached.,legal,.description .......... .................... . ....... sicuaced in che .... .... . . . . .. . ... ............... . Councy of .................D3kot�,,,,,_,,,,,,,.,,.,,,,,,,,,,,,,,,,,,,,,,,,,.� State of Minnesara, and legally described as Eollows, co-wit: See attached Exhibit A. including at2 garden butbs, ptancs, shrubs and rrees, att scorm sash, srorm doors, deracl�able vescibules, screens, awnings, window shades, blinds (including vet�etian blinds), curcain rods, craverse rods, drapery rods, lighting fixtures and bulbs, plurnbing fixtures, hoc water canks and heacing planr (wich'any burners, tanks, stokers and ocher equigment used in conneaian there- wich}, wacer softener and liquid gas tank and tan�roIs (if the properry of selIer), sump pump, tetevisioh antenna, inciner- acor, builr-in dishwashet, garbage disposal, avens, cook tap sraves and cencr�l air condicioning equipmenr, if any, used and lacated on said premises and including also the fotiawing personal propercy: all af which praperry che undersigned has this day sold to the buyer for the sum af: Three Hundred Eigi�ty..Six Thousand and OQ/100---------------------- (� 386,OOQ.00.. ) DOLLAR5, .............. . . .. .. . which che buyer agrees zo pay in che following manner: Earnesc money herein paid $..1.Q0.00...., .. a„� �C..the,, baiance��85,944.QQ ��...����..�n..., the dace af ctasing. Subjrcc cu perfutmance by the buyer the seller a�rees to e�:ecure and detiver a FU�1 . Warraney Deed (tn be ioined in by spuuse, if any) conveyinc markecablc ticle tu said premises subject cmlp co the follow•inF exceptians: ta) Buiidin�; an�i zoning taw•s, ordinances. Scace and Fcdera! re�;ntaciuns. i b) Rrstricci�ns re3aciag xo use or improvement of premises wachouc effective f�rfciauc pn}visian. (c) Resecvacion n£ any minerals or mineral righcs to ch¢ Scate of Minnrsoca. {d) licilitp and drainage easemencs which do nc�t incerfece wich present improvemencs. {ei Rights of ccnancs ax foIlaws: {untess specified, noc xubjecc to t cyncies} The buyer shalt pay the real escace taxes due in the year 19 .�b apd a�y unpaid inscallments of special assessmen�s payable thereN�ich and chereafcer. Scller warrana chat real estare taxes due in che year l9 H7 will be .... ....... ... ... homescead classi6cacion { full, parcial or n<>n�h�mestead —statt whirh) Neither the srller nor che seticr's agent make any represencatiun or warrancy whacscxver conceroin�; tht amount of real estatt caxts a�hich shall be assessed a,�ainst the property substquent to the �iate of purchasc. Selitr tovtnants that buildinLs, iE any, arc encirely wichin the buundary lines c>f che properr}• and egrees to remove a!! persona! property aot indudcd hercin and aIi deb�is from the promises grior co possessioo datt. SELLER WAItRANTS ALL APPLIANCES. HEATING, AIR COND17"IONING, WIRING AND PLUhiB1NG USED AND I.UCATED ON SAID PRF.htISES ARE IN PROPER WORKING ORDER AT DATE OF CLQSING. The seller further a,erees ta delivu possessian aot lacer than tit� dclt£ ..0� closing , P�ov;d�d that alt conclicioas of this a�reemenc have been complied wich. Unless o�herwise specitied rhis sate shall be closed on or before 60 days from che dace hereof. Tn the evenc [his properry is descroyed or subscantially damaged by fire or any other cause before che clasing date, this agreemenc shaU become nu21 aad void, at che purchaser's apcion, and ali monies paid hereunder shall be refunded to him. Th� buyex and seller aiso mutually agrce that pro ratx adjnst ncs a� t nts, i�tere t, insurance and city warer, and, in thc case of incame propercy, currenc operacing expenses, shall be made as af .��e, u1�e a,, el`osing ,. ,..,, ..,., The srller shall, wichin a reasonable time after appzaval of this agreement, furnish an abstract of title, or a Re�;isteseei Pzoperty Abscraci ni6ed to dace to include proper searches coverin� bankruptcies, and Srate hnd Federal jud�:mencs and tiens. The buyer shali be aUowed � days after receipt thereof for eaamina�ion aC said title and the making of any objec�ions theretu, said objections tu be madr in wricing or deemed ca be waived. 2f any objeccions are su made the seller shall bc allotived 120 days te> make such titic nyarkecablc. Fending curreccion of cide she payments hereunder rtquired shal2 be postponed, but upon correctinn af cicle aa3 u•irhin It} days after wriccen notice co rhe buyer, che parcies shall perform chis aGreament arrnrdin�, to ics terms. Ii said titic is noc marketa6le and is not made s� w•ithin 1?Q Jays frum tl�c dace af writtcn objectiuns thereco as above provided, this agreemenr shail be nutt and void, ac aptioa of che buyer, an3 neicher y>rinri�>al shall be liable far damaees hereunder tc� chc other principai. All money duretuture paid by the Uuyec shalt bc refunded. lf the tide w said ptuperty bc found markecaUle or be so madc w�ithin said timc, and said I�uyer shall defaulc in any of the agreemencs and continue in default fcu a period of 10 days, then and in thac case the seller may terminace this tontraa and on such terminacic�n atl the gagments made upon ch'ss roncraa shalf be recained by said set4er and said a�;ent, as cheir respective incerescs may appear, as liquidaced damages, time bein�; af the essence herec>f. This provision shat3 not deprive either party of thc riFhc of enforcinG chr s{xahc pertormunce of this cuntracc provided such cuntract shall nut be terminaced as aforesaid, and ptovided action co enfcrrce such specitic perfarmance shail be cammenced wiehin six monchs afcrr such richc ol action shall arise. !t is undrrscocxf and a4*ecJ chet this sale is made subjca co thr appre>va1 tsy tiu: c,wnrr ;�f �aicl psemises in writin�; anil that the �ncier- sr'gned a;;enc is in no manner liable or responsible on arcoun� ot this a�;reemenc, excrpc cu recurn ur acc�>unt fc>r chr earnest mnney paid under chix conaaa. ThedeIivcryofaltpapersandmoniesshatlbemadeatchcoff�ceaf: • • ••.. .•••••••�• •••�.•.• . ••••�. •�.�••••••••• •.••••••••••••�- � •• • WI�ITHROP,. WEINSTINE & SEXTON ..................................................................... ......... . ........... .. . .. . .... ..... .. .... . .. ..... 1$g0...�onwed"Tower, �44' Cedar St... . Saint Paul, Minnesota 55101 By ..... .. .. ............................................. .......................... .. . Agent I, tht undersigned, owner of the abovt land, do hereby apprave the above agreement and the sale thereb made. I hereby agree to purchase the said property for the price and The Estate of Mary R. �1Cht1eC upon che cerms abave mencioaed, and subrett co att condicions ��p��dMENDOTA HEIGHTS ............................................... ...................,............... {SEAL) ..Seller .............. .......................................... ( ) y�t3 �Ir"1 ��OC �� "'�' SEAL y Buyat ................................................ .(SEALj And ...................................(sEnL> ..Scller ................................ "It's"'�1'e'rk..................Buver THIS IS A LEGALLY BiNI7ING CONTRACi. IF NOT C`NDEKSTUt?D, SEF.h COMFETENI' ADVIGE. .•.w �•;• - � , . .•'; . .. � Exhibit A That part of Government Lot Eight (8) described as follows: Commencing at a point 40 rods West of the Southeast corner of the Northeast Quarter (NEl/4) of Section Twenty three (23), Township Twenty eight (28), Range Twenty three (23), thence North at rights angles 20 rods, thence West at right angles 40 rods, thence South at rights angles 20 rods to the South line of said Northeast Quarter (NEl/4) of said Section Twenty three (23), thence East along said South line of said Northeast Quarter (NEl/4) of said Section Twenty three (23) 40 rods to the place of beginning, AND Government Lot Eight (8) except the North 280.6 feet of the West 375 feet and except the South 20 rods thereof, all in Section Twenty three (23), Township Twenty eight (28), Range Twenty three (23), according to the Government Survey thereof, Dakota County, Minnesota. , \n. 1517� • ' JIILI,EK-DA1'IS l;o. �iinneapolis \\'lil'PI:--Officc Cupy 1'P:I 1 U�1'—Liul'er's l;opy PURCHASE AGREEIVIENT ;;R;:h N�3ujeer's';�e�eipt ....................... ... . .. ............ .Minn., ............................... ................ ., 19........ RECEIVED OF The City of Mendota Heights, a Minnesota,.municipal. corporation,,,,,,, che sum of One Hundred and 00/100------„--------------------------------.�g„1.OQ..0.0..... .) DOLLARS ....................... .................... check , as earnesc money and in parc paymenc for the purchase of properry at . . .... . .. ..... . ........................... .. (Check, Cash, to be deDosited uDon acceptance, or Note—Stau Whtch) 2150 and 2156 Dodd Road .. .. . ... . . .... .. . ... ... ............................... ...... .. ..... .... . .. . .... . ... .. . .. ..situaced in che Counc of Dakota,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� $�ate of Minnesoca, and legally described as follows, co-wit: y .............. The North 166.7 feet of the South 713.4 feet of the North 208.7 feet of the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 28, Range 23 including all garden bulbs, plancs, shrubs and crees, all storm sash, scorm doors, decachabie vestibules, screens, awnings, window shades, blinds (including venetian blinds), curcain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixcures, hoc water ranks and heating planc (with'any burners, canks, scokers and other equipmenc used in conneccion chere- wich), water sofcener and liquid gas cank and controls (if the properry of seller), sump pump, television antenna, inciner- acor, builc-in dishwasher, garbage disposal, ovens, cook top scoves and cencral air conditioning equipment, if any, used and locaced on said ptemises and including also the following personal properry: all of which properry che undersigned has this day sold to the buyer for the sum of: Seventy-Six..Thousand. .Six...Hundred.,.Twenty,-,F'-,i,ve„and„00/1Q0----------- � 7{,6.25..A0.......) DOLLARS, . . . . ............ $ which the buyer agrees to pay in the following manner: Ea nes mo e he;ein aid S..100.00 ..,,, and S.the..balance of 76,525.00 in cash o� � the dace of closing, � w�ic� s�i�ll in r�o event be later than Niay 31,��1'985. ���� This Purchase Agreement is expressly made contingent upon (i) payment by the Seller of any and all back taxes on the property, including any and all taxes deferred under the Green Acres Statute, and upon (ii) the successful completion by the Buyer, no later than May 31, 1985, of a bond referendum to finance the entire purchase price. In the event either or both of such conditions is not satisfied by May 31, 1985, this Purchase Agreement shall be null and void and of no effect whatsoever. Subject to performance by the buyer [he seller agrees co execute and deliver a FUll ., , Warranty Dced (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the followinF exceptions: (a) Buildin� and zoning laws, ordinances, State and Fedecal tegulations. (b) Restriaions telacing to use or improvement of premises without effective fotfeiture provisic�n. (c) Reservacion of aay minerals or minerai rights to the State of Minnesota. (d) Utility and drainage easemencs which do not interfere with present improvements. (e) RiRhcs of cenancs as foliows: (unless specified, not subjecc co 9ancies) The buyer shalt pay che real estace caxes due in the year 19 .�b d any unpaid inscallments of s{xcial assessmencs payable cherewich and thereafter. Seller warrants that real es�ate taxes due in the year 19 $�.. will be . ...... .... ... .. .. homestead classi6cation (full, partial or non-homescead—scate which) Neither the seller nor the seller's agen� make any represen[ation or warranry whacscever concerning the amount of real estace caxes s+hich shall be assessed againsc [he proper[y subsequent to the dace of purchase. Selier covenancs that buildings, if any, are entirely wichin the boundary lines of che property and agrees to remove all personal property not i�cluded herein and all debris from [he premises prior to possession date. SELLF.R WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. The seller furcher a,�rees co deliver possession not later than ,th�'- da.te Of C10Slf1g , provided thac all condirions of this agreement have been complied wich. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. in the event this property is descroyed or substantially damaged by tire or any other cause before the closing date, this agreement shall becume null and void, ac the purchaser's opcion, and all monies paid hereunder shall be relunded co him. The buyer and seller also mucually agree that pro rata adjust Lents f ents, ' ter sc, insutance and city water, and, in the case of income properry, current operating expenses, shall be made as of ��le c�a�e.. o�' e�os�ng .. .. ... ...... .. .. .. . The seller shall, wi�hin a reasonable time afcer approval of this asreemenr, furnish an abstraa of title, or a Re�iscered Propercy Abstnct c£ rti6ed to date to include proper searches coverinF bankruptcies, and State and rederal judgments and liens. Tlie buyer shall be allowed �U� days after receipt thereof for examination of said title and the making of any objections thereto, said objections �o be made in wricing or deemed to be waived. If any objections are se� made the seller shall br alloW�ed 120 days to make such title marketable. Pendin�; correaion of tide the payments hereunder required shall be poscponed, but upun correction of title and K�i[hin 10 days afrer written notice «� rhe buyer, che parties shall perform this a�reement accordin� to its terms. If said tide is no� marketable and is nuc made su w•ithin 12U days from the date of wricten objec[ions thereco as above pruvided, chis acreemenc shall be null and void, ac opcion of che buyer, an� neither principal shall be liable for damages hereunder co the other principal. All muney rherecofure paid by the buyer shall be refunded. It the �irlc tc� said pruperty be found marketable or be so made within said time, anJ said buyer shatl defaulc in any of the agreements and continue in �lefaul� for a period of 10 daps, then and in that case the seller may rerminace ch'is concratt and on such cerminacion all the payments made upon chis contraa shall be retained by said seller and said a�;ent, as their respec�ive incerescs may appear, as liquidated dama�;es, time bein�; uf the essence hereof. This Provision shall not Jeprive ei[her parry of che ric;hc of enforcing rhe speu6c performance of tl�is contract provided such contract shall no[ be rerminated as aforesaid, and provided accion co enforce such specific performance shall be commenced a�ichin six monchs afcer such right of actio� shall arise. Ic is understood and aeree.� that this sale is mdde subject to the appro�•al by the owner of said premises in wtiting and chat the unJer- signeJ a,cen[ is in no manner liable or responsible on aarn�nt of this acreement, e�crpc cu recurn or accounr for che earnesc money paiJ under this e�>ntcact. The delivery of ap papers and monies shall be made at theoffice of: •. •• .••• •••••••.•••••••.••••••••••. ...•••• .•• ••• ••••••.•• • . WINTHROP, WEINS'TINE � SEXTON . . ..... .. . ... .... . .. .... .................................................................. ... .. . .. . . ... 00 ori ed"Towe'r; �' '�" e ar t."' aint au�, Minnesota 5101 gY .......... Agenc .... .. ........................................................ .... ... ... I, che undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. I hereby agree to purchue the said pro rty .'or the price and H'a'r'r"y"..A: "fCi'rcfirie'r'......s�iier ...................................�sEnL) upon che terms above mencioned, and subject to all condicions h�r��l°Y P��d1VlENDOTA HEIGHTS .Rj! ....................................................................................... ( SEAL ) ItS Mayor Buyer .......... . . ,...... .............................. (SEAL) II ��d ..........................................(SEAL) EIaine 1VI:"'K'irchrier'�'�s�tier Tts���C'Ie'rk"""""�""""'B�yet '1'HIS IS A LEGAI.L�' BINDINCT CON7'KAC7'. li� NOT C;NDERS'I'OUD, SIiFiI: CUME'F.'I'I:N'1' ADVICF:. � ,. , ... ' �