1996-06-18.�
�
1.
2.
3.
4.
5.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
June 18, 1996 - 7:30 P.M.
Call to Order
Roll Call
Agenda Adoption
Approval of June 4 Minutes.
�, -� -,�.
a.
b.
c.
d.
e.
f.
9•
h.
i.
1•
k.
I.
m.
n.
o.
p•
q•
Acknowledgment of June 11 Parks and Recreation Commission
Minutes
Acknowledgment of the May Fire Department Report
Acknowledgment of Treasurer's Report For May
Acknowledgment of Spring Clean-up Summary
Approval of Ordinance for Elected Official Compensation -
ORDINANCE NO. 308
Approval of Mobil Radio Purchase
Approval to Hire Probationary Police Officers
Approval of 1996 Boulevard Tree Planting Program
Authorization to Solicit Bids for GIS Compatible Computer Purchase
Approval of Ordinance Prohibiting Parking on the North Side of South
Plaza Drive, Beginning on Dodd Road - ORDINANCE NO. 309
Approval of Refund for 1995 Softball Leagues
Approval of Tuthill T.I.F. Agreement
Authorization to Solicit Bids for 1996 Slurry Seal Project
Approval of List of Contractors
Approval of List of Claims _
Authorization to Purchase Squad Car
Regional Baseball Tournament at Mendakota Park
,� � �, -� •,�.
�11'1�1� �����-�
� � � �-� .��. �•� �•
a. Case No. 96-16: Stovern - Wetlands Permit - RESOLUTION NO. 96-39
b. �Mendakota Country Club Fence Request to Amend CUP
c. Approval of Building Permit for Manna Freight
d. Dakota Bank/Super America Development Agreements
a
e. Approval of MSP Mitigation Position Statement
f. Authorization to Proceed with Preparation of 1997 Street
Reconstruction Feasibility Report Resolution No. 96-40
�
: � i �uii•�
� � �
Auxiliary aids for disabled persons are available upon request at least 120
hours in advance. If a notice of less than 120 hours is received, the City of
Mendota Heights will make every attempt to provide the aids, however, this
may not be possible on short notice. Please contact City Administration at
452-1850 with requests.
CITY OF MLNDOTA HIIGHTS
7une 18, 1996
TO: Mayor and City Council -
r
FROM: Kevin Batchelder, City Adm'iiu r
SUBJECT: Add On Agenda for 7une 18, 1996 City Council Meeting
Two new items have been added to the Consent Calendar - Sp & Sq (*).
3. A,genda Ado�tion.
It is recommended that Council adopt the revised agenda printed on pink paper.
Sp. Authorization to Purchase S�uad Car.
Please see attached memo.
� �'a��: �. •�, i �i:ii•i �/•i�_:,i ' ,
Please see attached memo.
�
Mendota Heights Police Department
MEMORANDUM
Date: 6/17/96
TO: Mayor, Ciry Council
City Administrator �
FROM: Chief of Police
SUBJECT: Squad Car Purch
INTRODUCTION
The Police Department requests Council pernussion to purchase two squad cars at a cost
not to exceed the budgeted $30,000.
HISTORY and DISCUSSION
Council approved $30,0(}0 in the 1996 budget for the purchase of two replacement squad
cars. Because General Motors has temporarily removed itself from the police vehicle
business while they work on an emergency service version of the Chevrolet Tahoe,
prices have gone up, supply has gone down and factory support has been reduced. As a
result, we intend to purchase one unmarked, and one marked squad this yeaz. This will
keep us well within the amount budgeted and we can hope that Chevrolet's re-entry into
the market next year will stabilize prices.
RECOMMENDATION
It is recommended that Council approve the purchase of one Chevrolet Caprice Police
Cruiser from Polar Chevrolet at the State bid price of $17,979, and one Ford Taurus
unmazked squad at the State bid price of $16,500. After sale of our exist3ng squads is
deducted and equipping of the new squads is added the total cost will no� exceed
$28,000. This memo is on the "add on" agenda due to last minute notification that the
$2,000 Ford factory incentive on the Taurus is very near its expiration.
� \1
CITY OF MENDOTA HEIGHTS
���T �
June 18, 1996
To: Mayor and City Council
From: Kevin Batchelder Ci Admu�i�� r�ator �
� �Y
Subject: Regional Baseball Tournament at Mendakota Park
DISCUSSION
Mendota Heights Athletic Association (MI3AA) had reserved Mendakota Park for an
in-house tournament on Saturday, June 23 and 5unday, 7une 24. In early 7une, MHAA
informed City staff that they had received a request from the Minnesota State AAU to host a
regional tournament on these dates. Due to the more intense nature of this regional
tournament, MHAA desired city staff assistance with maintenance and field grooming.
The Parks and Recreation Commission considered this request at their 7une 11, 1996
meeting and recommended that the City offer MHAA the option of paying a rate of $75 per
pazks employee (for a two hour period) for trash collection, cleaning and restocking the toilets,
general cleanup and, if time allows, field graoming. MHAA has agreed to this proposal.
In addition, in recent days MHAA has indicated they would like the entrance points to
the ballf'ield facility fenced off by City park crews because they desire to charge an admission
fee. Appro�umately 600 feet of fence is needed. The City does not own this type of
temporary fencing and must rent or purchase the fence materials. Rental fees would be
approximately $400 plus City park crew time to pick up, install, remove and return fence
materials.
Purchase price for a temporary fence and posts would be appmximately $1,000. The
fence materiai is dazk green ia color and four feet lugh. The funding would be from the
Special Parks fund or the General Fund. The Parks and Recreation Commission has not yet
reviewed this request for temporary fence materials, nor have they considered the policy
unplications of reserving our fields to a user group that chazges fees.
RECONIlV�NDATION
1. The Parks and Recreation Commission voted unanimously to recommend that the City
charge the AAU $75/parks employee (for a two hour period) for general cleanup.
2. The City parks crew recommends the purchase of the fence materials and that a rental
fee be established for the use of the fence at this and future tournaments. The fee
should allow the City to recoup its investments after five toumaments.
�
ACTION REOUIRED
If Council so desires, they should pass a motion to:
1. Approve the recommendation of the Pazks and Recreation Committee on the rate for
City cleanup crews for the AAU tournament.
2. Approve the recommendation of the City parks crews to purchas"e temporary fencing
not to exceed $1,0{}0 and to establish an appropriate rental fee.
{`�,EN'4A � i �
Gacc�1T+2`� `«tt R
_./'°
�tk'-�
ff1� C.t�.
n u nT .L
�
�`
♦
�
�
L1
�
,
•
♦
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,I�ZIlVNTSOTA
RF�OLUTION NO. 95- 09
A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF
CITY PARKS AND PROPERTY
WHER]EAS, the City of Mendota Heights has a need to establish a rules and rental fees
schedule for use of City pazks and facilities.
NOW THEREFORE BE IT HEREBY RFSOLVED by the City Council of the City
of Mendota Heights, that Resolution No 93-67 be amended in its entirety; and
BE IT FLTRTHER RFSOLVED that the following policy of the City of Mendota
Heights, as set forth below, shall be adopted:
I. SHELTER/BITII.DING RENTAL
A. The fee to reserve space in the picnic areas, or picnic shelters of city parks shall
be:
Resident - Private
Non-Resident - Private
Resident - Corporate/business
Non-Resident - Corporate/business
no charge
$25.00 for groups of 50 or larger
$25.00 per day
$50.(}0 per da.y
$100.00 per da.y
B. Churches, synagogues and other religious congregations in Mendota Heights or
adjacent communities whose membership consists of Mendota Heights residents
will be considered Resident-Private Groups.
C. All shelters are available for reservation including Mendakota Park, Rogers Lake
Park, Kensington Park and Valley Park. Parks classified as "Neighborhood
Parks" can be reserved for picnics by their respective neighborhoad groups at no
charge.
D. Park Permits shall be submitted for park reservations and shall contain the
following information:
1. Name of the park
2. Date
3. Time
4. Event (such as family picnic, softball game)
5. Number of people attending
6. Name of person/contact responsible for event.
I.
G.
��
�
SHELTER/BUII..DING RENTAL (continued)
E. Reservations will be tentatively recorded in the reservation baok when called in.
Applicants will have hree working days to submit deposits and fees or their
reservation may be canceled.
F. A damage deposit of $10U.00 will be required by all-roups reserving picnic
shelters in the parks, with the exception of nonprofit youth service organi7ations.
The deposit is due when making the written reservation. The facility will be
inspected immediately after the event and provided there are no damages, or
clean-up costs, the deposit will be retumed promptly.
The Mendota Heights Police I3epartment and Parks Mai.ntenance crews will be
notified of all reservations.
H. Groups wishing to reserve shelters shall abide by the attached rules and
regulations and a copy of the park permit will be issued by the City to the
spc�nsor setking forth the terms for the use of the shelter. The attached rules and
regulations are identified as "F.�chibit A".
I. Mendota Heights schools, nonprofit civic organizations and City of Mendota
Heights employee organizations are fee exempt. These gmups must, however,
pay a da.mage deposit.
J.
K.
There will not be a park attenda.nt on duty. The reserving group is responsible
for supervising the event and for cleaning the reserved area.
The refund policy for canceled reservations shall be:
Cancellation 14 days in advance ' 100 °b refund
Cancellation 1 to 13 days in advance 50 � refund_
Refunds due to inclement weather on the day of the event will not be considered.
There will be no additional charge for rescheduling of events postponed due to
weather.
E,�IJIPMEI�TT RE1�ITALS
A. Volleyball Nets
B. Extra picnic tables
(limited quantity available)
$ 5.00 per day
$ 5.00 each
Horseshoes $5.00 per set
A deposit of $10.00 will be required for equipment rentals excluding picnic tables.
III. SOFI'BALL TOURNAMENTS
A. Fees for a two day weekend tournament: Mendota. Heights team currently
pa.rticipating in a Mendota Heights adult softball league: $2(?O.UO
For all others a flat rate of: $350.00
For any additional days: $25.00 per field
B. All adult softball toumaments will be governed by ASA rules and regulations.
All toumaments will also adhere to Mendota Heights rules and regulations
governing park facilities.
C. A damage depc�sit of $200.00 will be required and mustbe submitted along with
the tournament fee two weeks prior to the scheduled event. An additional d'amage
deposit may be required for extraordinary circumstances, as determined by the
City of Mendota Heights.
i�
�
All City recreation sponsored tournaments will be exempt from all fees and
deposits.
No more than three toumaments per month will be allowed without approval of
the Recreation Programmer.
F. Each tournament and sponsor shall abide by the attached rules and regulations and
a written confirmation of the reservation shall be executed between the sponsor
and the City setting forth the fee and terms for the use of the park. The attached
rules and regulations are identified as "EXHIBIT B" .
G. The refund policy for canceled reservations shall be:
Cancellation 14 days in advance 100 °b refund
Cancellation 1 to 13 days in advance 50 °b refund
IV. FIELD/SITE RESERVATIONS
A. 5oftball fields:
Adult Standard Fields
(Mendakota, Civic Center)
Neighborhoad park fields
Field preparation
(For all user groups except
City sponsored programs)
$25.00 per field for non-residents
First come, first served except for
authorized seasonal reservations
$25.00 per field (this excludes weekday
prep for Mendota Heights youth
organizations)
IV. FIELD/SITE RESERVATIONS (continued)
:
All requests for field reservations will be made in writing between 7anuary 1 and
March 15. Field reservations will be confirmed by April 1 and any requests
received after March 15 will be handled on a fust come, first served basis. The
field reservation priorities are identified as P.xhibit "C".
Soccer $35.00 per �eld for non-residents
Field preparation $25.(}0 per field for weekend
toumaments
All requests for field reservations for the summer season (May 1 through August
15) will be made in writing between January 1 and March 15. Field reservations
will be confumed by April 1 and any requests received after March 15 will be
handled on a first come, first served basis. All requests for field reservations for
the fall season (August 16 through October 31) will be made in writing between
June 1 and 7uly 15. Field reservations for the fall season will be confirmed by
August 1 and any request after July 15 will be handled on a first come, first
served basis. The field reservation priorities are identified as Exhibit "C" .
C. Ice Rinks
�
�
$20.(}0 per site per hour for non -residents
$5.00 per rink per hour for lights.
There will be no reservations between 12:00-6:a0 p.m. on weekends and School
Holidays.
Volleyball Courts
Basketball Courts
First come, first served, except City
sponsored programs
First come, first senled
F. Tennis Courts - Tennis courts are available on a first come, first served basis for
Mendota Heights residents and are not to be reserved. The following community
groups may reserve tennis courts with the permission of the Parks and Recreation
Commission and the City Council - Mendota Heights Athletic Association, the
Mendota Heights Senior Tennis Association, and all public and private schools
in Mendota Heights.
G. The following groups are exempted from the above described fees, excluding field
preparations which willbe determined and negotiated on a case by case basis:
Mendota. Heights Parks and Recreation Department, Mendota Heights Athletic
Association, Sibley Area Girls Fast-pitch, Sibley Sting Soccer and nonprofit*
organizations within Mendota Heights city limits. *Praof of non-profit status is
required.
VI. FIELD/SITE RE5ERVATION5 (continued)
H. The Parks and Recreation Commission, with City Council approval, reserves the
right to waive fees or to limit or deny reservation requests at their discretion.
ADOPTED by the City Council of the City of Mendota Heights this 7th �y of Feb ,
1995.
CITY COUNCII.
CITY OF MENDOTA HIIGHTS
By X-�-r`� � l�t.r�- -�-.�-
Charles E. Mertensotto, Mayor
ATTEST:
���� � ��
' athleen M. Swanson, City Clerk
EXHIBIT "A"
RIILES AND REGiTLATIONS FOR IISE OF CITY PARRS
1. Rental groups will use only those areas designated for group
picnics. Facilities such as the horseshoe.�it, volleyball
courts and softball fields will be available on a first come,
first served basis unless specifically reserved.
2. Rental groups will be responsible for clean up of trash and�
debris in the area reserved for their activity.
3. Facilities such as picnic tables, benches and other park
facilities will remain in their present locations. The moving
of any facilities will require permission.
4. A rental group will be responsible for controlling all members
of said group. Any violations to City ordinances will result
in immediate cancella�"ion of the rental group contract and the
group will be removed from City property.
5. All motor vehicles will be parked in designated parking areas
unlesa prior arrangements have been made. If an event is
being catered, a group leader must make arrangements in
advance with a member of the park staff for specific
instructions on entering the park, parking, etc.
6. Only groups consisting of 200 people or less will be
considered for rental of designated areas.
7. Gambling, excessive use of alcoholic beverages, or abusive,
boisterous, profane or indecent language, or conduct, in any
public park is prohibited.
8. GLASS BEVERAGE CONTAINERS and/or KEG BEER are prohibited in
City parks.
9. The City of Mendota Heights park hours are 6:00 a.m. to
10:00 p.m.
10. Fires are allowed only in designated receptacles. Fires must
be completely extinguished before leaving the area.
11. The City of Mendota Heights ordinances require all dogs in the
City to be leashed. This also pertains to park property. Pet
owners are also required to clean up any droppings left by
their animals.
�:11� �
�
RULES A1�TD REGULATIONS FOR LEAGUE AND NON LEAGUE SOFI'BALL
TOURNAMENTS
1. The City of Mendota Heights will provide four ball fields, bases, trash removal,
chalking equipment and bathroom materials.
2. The sponsoring organization will be responsible for picking up all trash at the end of
Saturday's and Sunday's games. Trash is to be placed in containers provided by the
City. Failure to properly clean up will cause forfeit of deposit.
3. The sponsoring organization will be responsible for traffic and parking control. Only
city vehicles used for maintenance will be allowed past the parking lot. All other
vehicles will be restricted to the parking lot.
4. All park facilities such as picnic tables, playground equipment and bleachers shall
remain in their present locations. The moving of any facilities will require
additional permission.
5. It is required that the sponsoring organization purchase a ASA liability policy to
properly protect themselves from possible suit as a result of the tournament. A
certificate of insurance must be furnished to the City.
6. The sale of beer or any other alcoholic beverages is prohibited. ..�xcessive use of
alcoholic beverages in any public park is also prohibited.
7. A formalletter of request must be submitted to the Recreation Programmer, City of
Mendota Heights that will include the following information:
a. Name of sponsoring organization and contact person that is responsible for the
tournament.
b. Dates of the tournament.
c. Number of fields and approxunate times they will be used.
i:11►
PRIURITIF,S FOR FIELD1l[tINK F:ESERVATIONS
1. First priority will be given ta programs sponsored by the Mendota Heights Recreation
Uepartment.
2. Second priarity will be gi.�en to orga.aized youth pmgrams of Mendata Heights,
including, but not limited to, Mendota. I�eights Athletic Association, Sibley Arera Girls
Fast pitch, and Sibley Sting Soccer. Urganized youth pmgrams are those programs
with the fallowing characteristics:
a. The program is offered on a community wide basis for apen participation by
the generat youth public; and
b. The program is offered on an on-going, annual basis, and
c. The pmgram is targeted. to similar age brackets on an annual basis; and
d. The inteni of the pragram is to serve a broad range af yauths in the
cammunity and not be exclusive in nature.
e. Community is defined as pex�tairung to Mendata I�ieights residents.
3. Third priority will be given to youth pragrams of Mendota FIeights that a.re not
cansidered organized youth pzngrdms.
4. Faurth priority will be given to oxgan.ized adult progra�ms in Mendota. Heights. The
larger the number of Mendo#a. Heights residents in the organized adult program, the
higher the priority for field reservatians.
S. Fifth priority will be given ta Resident/Private Gmnps. _
6. Sixth priority will be given ta non-resident youth or adult progra.ms.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 41996
Page No. 1
June 4, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Krebsbach and Smith. Councilmember Huber had
notified Council that he would be late. Councilmember Koch had notified the Council that she would be
absent.
AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 0
APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the
regular meeting held May 21, 1996 as amended
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 0
CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for
the meeting, revised to move items c, l and m to the regular agenda,
along with authorization for execution of any necessary documents
contained therein.
a. Acknowledgment of the minutes of the May 8, 1996 Airport
Relations Commission meeting.
b. Acknowledgment of the minutes of the May 28, 1996
Planning Commission meeting.
c. Acknowledgment of the Code Enforcement monthly report
for May.
d. Approval of the permanent appointment of Rich Burrows to
the Public Works Department and authorization for
probationary promotion to Maintenance II.
Ayes: 3
Nays: 0
SOUTH PLAZA DRIVE
PARKING
Page No. 2
June 4, 1996
e. Approval of the permanent appointment of Tim Oster to the
Public Works Department along with authorization for
probationary promotion to Maintenance II.
f. Approval of Amendment No. 2 to the Dispatch Service
Agreement with the City of West St. Paul for 1996, along
with authorization for its execution.
g. Adoption of Resolution No. 96-31, "A RESOLiJTION
ACCEPTING PETITION AND ORDERING
PREPARATION OF A FEASIBILTY REPORT FOR
WATERMAINS, STORM SEWERS AND STREET
IMPROVEMENTS TO SERVE THE DAKOTA COUNTY
HR.A SEIVIOR HOUSING FACILITY."
h. Adoption of Resolution No. 96-32, "RESOLUTION
ORDERING THE PREPARATION OF ASSESSMENT
ROLL FOR MENDOTA MEADOWS (IMPROVEMENT
NO. 95, PROJECT NO. 1); SWANSON'S 21'TD ADDITION
(IMPROVEMENT NO. 95, PROJECT NO. 2); IVY FALLS
SOUTH ADDITION (IMPROVEMENT NO. 95, PROJECT
NO. 3)."
i. Acknowledgment of a memo from Interim Administrator
Batchelder regazding the Mendakota. Counhy Club Fourth of
July fireworks display and authorization for city staff to
participate in co-sponsoring the event, the costs incurred to be
distributed to the departments which generate the costs.
j. Approval of the list of contractor licenses dated June 4, 1996
and attached hereto.
k. Approval of the List of Clauns dated June 4, 1996 and
totaling $223,653.11.
1. Adoption of Resolution No. 96-33, "A RESOLUTION
APPOINTING KEVIN L. BATCHELDER TO THE CITY
ADMII�IISTRATOR'S POSITION."
Councilmember Krebsbach seconded the motion.
Council acknowledged memos from Public Works Director
Danielson and Police Chief Delmont regarding pazking restrictions
on South Plaza Drive.
:j �'
�
Page No. 3
June 4, 1996
It was the consensus of Council to direct staff to contact the property
owners to try to determine whether a parking restriction should be
adopted or if some other option is available.
Councilmember Huber arrived at 8:03 p.m.
CASE NO. 96-16, STOVERN Council acknowledged an application from Mr. Timothy Stovem for
a wetlands permit on behalf of Mr. & Mrs. Ken Rosenblum to allow
installation of a fence around their reaz yazd at 2277 Copperfield
Drive. Council also aclaiowledged related staff reports.
Councilmember Smith stated that she believes there are private
convenants on the area around the pond and there may be other
considerations on fences near the pond that are beyond the scope of
the city.
There was discussion about the relationship of the proposed fence to
the survey line for the scenic easement and the desires of the
neighborhood that there be sufficient space for people to get from
one yazd to another along the scenic easement.
Councilmember Krebsbach stated that there is a precedent on the
ponds and because there aze other fences neighbors should not be
upset about the fence, but she felt that Council should be consistent
in where it allows fences to be located.
It was the consensus to table action on the application and to direct
staff to review the proposed fence location to determine if it is
consistent with prior fence approvals.
CABLE MINiJTES Councilmember Smith moved to amend the Consent Calendar
motion to include acknowledgment of thevnapproved Apri13, 1996
NDC-4 full commission meeting minutes and the unapproved
minutes of the May 1, 1996 Executive Committee meeting.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PARKS CELEBRATION Recreation Programmer Chris Esser was present to inform Council
and the audience about the fifth annual Celebrate Mendota Heights
Parks! event. He stated that the event will be held on Saturda.y,
August 24 from 11:00 a.m. to 5:00 p.m. at Mendakota Park. He
asked for support from volunteers and sponsors from the community
and invited Council, Commission members and residents to serve on
the steering committee.
Page No. 4
June 4, 1996
HEARING - LIQUOR LICENSE Mayor Mertensotto opened the meeting for the purpose of a public
hearing on an application from the Heritage Inn for renewal of its
Limited Service Hotel On-Sale and On-Sale Sunday liquor licenses.
Council aclaiowledged a memo from the City Clerk regarding the
renewal application.
Mayor Mertensotto asked for questions and comments from the
audience. r
There being no questions or comments, Councilmember Smith
moved that the hearing be closed.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
Councilmember Krebsbach moved to approve the issuance of
renewal L'united Service Hotel On-Sale and On-Sale Sunday Liquor
Licenses for the Heritage Inn.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
FIRE TRUCK Council aclaiowledged a memo from Fire Chief Maczko regarding
the Fire Truck Committee's evaluation of the bid received from
General Safety Equipment for a 1500 GPM Pumper.
Mayor Mertensotto stated that his only question is that he believes
when the truck was first discussed, the estimated cost of $328,000
was much lower �han the bid.
Chief Maczko responded that if the committee recommenda.tion is
accepted, the cost will be $375,000 less the trade-in of two existing
trucks, and that the original estimate during the budget p�ocess was
$350,000 with an estimated trade-in value of $22,000.
Councilmember Krebsbach asked if the bid is for a full-response
cab.
Chief Maczko responded that the committee recommendation was
not to go with the full response cab because there aze already two in
the department. He explained that the committee recommends two
options and the manufacture has recommended that the steel tank
with a ten yeaz warranty be upgraded to a polypropylene tank which
would be covered by a lifetime warranty. The cost for the option is
$1,000. He recommended that the bid be accepted at $375,6621ess
trade-in amounts of $14,500, but that Council authorize staff to
Page No. 5
June 4, 1996
advertise for the sale of the 1960 and 1970 pumpers to hopefully sell
them for more money than the trade-in value.
Mayor Mertensotto stated that when people look for used equipment
there is a certain aznount of representation made, and that he would
prefer that the city not attempt to sell the vehicles so that there are
no future problems should another city buy them and later say that
the city made a misrepresentation. He also pointed that the original
discussion was on a 65 to 75 foot telescoping water tower/ladder,
but the bid is for a 65 foot unit. He asked whether that is sufficient.
Chief Maczko responded that the department has had a sixty-five
foot device available for demonstration and feels that it meets the
city's needs. He stated that a 75 foot device was an option in the
specification because many vendors do not bid 65 foot units. He
explained that the 65 foot device will serve 80% of the structures in
the city, and mutual aid would be used for the other 20%. He stated
that a truck that would carry a 75 foot ladder would cost about
$400,000. He informed Council on the equipment that is available
to the city under the mutual aid contracts.
Mayor Mertensotto pointed out that the truck will be in service for
20 to 25 yeazs, and he would hate to have the fire department come
back in ten yeazs and say that it needs a 75 foot ladder. He further
stated that it appears that the 65 foot unit appeazs to be more than
adequate given the availability of mutual aid.
Responding to a guestion from Councilmember Smith, Chief
Maczko stated that with the new truck the department will be able to
reach the roofs of the city's apartment buildings and in most cases
will be able to reach the third floor balconies of the apartment
buildings in Lilydale. — .
Mayor Mertensotto stated that Council had requested that delivery
be after September, 1997 so that there would not be the need to issue
equipment certificates until the following year. _
Councilmember Krebsbach asked if the aerial ladder is a boom
device that fire fighters would go up in. Chief Maczko responded
that it is a ladder, and that while there aze some trucks that have
platforms this one does not. He explained that it is a hydraulic
extension ladder that does not need to rest on a building and would
have a snorkel.
�' �
Page No. 6
June 4, 1996
Responding to a question from Mayor Mertensotto regarding how
much equipment the fire department will be requesting for the truck
after it is received, Chief Maczko stated that the truck will be -
equipped with a generator and that other pieces of equipment for the
truck will be taken off of existing trucks.
Councilmember Smith moved to adopt the fire department
recommendation and accept the bid from�eneral Safety Equipment,
authorizing staff to prepare a purchase order for the 1500 GPM
Pumper with 65 foot telescopic water tower/aerial ladder for its bid
of $375,662 (including the base bid plus bid options 2 and 3 and the
manufacturer's recommended option for tank upgrade), less trade-in
amounts of $14,500 for the 1960 and 1970 pumpers.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-13, GUMBRILL Council acknowledged an application from Ms. Dorothea Gumbrill
for approval of a modified critical area site plan to allow
replacement of a damaged fence at 1133 Cascade Lane. Ms.
Gumbrill was present for the discussion.
Responding to a question from Councilmember Krebsbach, Public
Works Director stated that the fence height meets the city code,
which allows six foot fences in the rear yard and side yards behind
the front setback line.
Ms. Gumbrill informed Council that her neighbors are aware of her
desire to replace the �fence and are happy because the existing fence
is in poor condition.
Councilmember Krebsbach moved to app�ove the modified critical
area site plan for fence replacement at 1133 Cascade Lane and to
waive the application fee.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-13, SCHOMMER Council aclrnowledged an application from Mr. Mel Schommer for a
ten foot variance from the reaz yazd setback requirement to allow
construction of a sun room addition to the reaz of their home at 1024
Victoria Court. Council also aclaiowledged associated staff reports.
Mr. Schommer was present for the discussion.
Mayor Mertensotto pointed out that the Schommer home is set back
much farther from the front property line than neighboring homes.
Page No. 7
June 4, 1996
Councilmember Krebsbach sta.ted that there is much vegetation in
the back yazd and asked if Mr. Schommer's neighbors are in favor of
his request.
Mr. Schommer responded that his neighbors do support his request
and have given their signatures of consent.
Councilmember Krebsbach pointed out that a precedent has been set
on the corner of Avanti and Lexington.
Council found that there is practical difficulty given the unusual
shape of the lot, the unusual front yard setback and that the location '
of a porch is predetermined by the house's floor plan.
Councilmember Krebsbach moved adoption of Resolution No. 96-
34, "A RESOLUTION APPROVING A VARIANCE FOR 1024
VICTORIA COURT."
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-14, Council acknowledged an application from Mr. Ken Weisenburger
WEISENBURGER for a 3 foot 6 inch sideyazd setback variance to allow consiruction of
an addition to the reaz of his home at 2350 Pueblo Lane. Council
also aclrnowledged related sta.ff reports. Mr. and Mrs. Weisenburger
were present for the discussion.
Mayor Mertensotto pointed out that there is considerable precedent
for variances on the lots in Friendly Hills.
Mr. Weisenburger stated that he is asking�or a four foot �ariance.
Responding to a question from Councilmember Krebsbach, he stated
that the stairs aze not included, as they are at grade and go down and
aze not part of the building. He stated that the deck will be within
the setback requirement.
Public Works Director Danielson explained that stairs, if at grade or
below, do not require variances. He stated that the issue was
researched and confirmed at the Planning Commission meeting.
Mayor Mertensotto stated that the Planning Commission made a
finding of practical difficulty arising from the fact that the
Weisenburgers' home is on a small Friendly Hills lot and is
burdened by three 30 foot setbacks.
�
Page No. 8
June 4, 1996
Councilmember Huber moved adoption of Resolution No. 96-35, "A
RESOLUTION APPROVING A VARIANCE FOR 2350 PUEBLO
DRIVE."
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-15, ORME Council acknowledged an application from Mr. John Orme for a 16
foot front yard setback variance to allow him to replace his e�sting
attached gazage with a new garage that would be si�c feet wider.
Council also aclrnowledged associated staff reports.
Councilmember Huber asked if Mr. Orme has any concerns over the '
four conditions recommended by the Planning Commission.
Mr. Orme responded that he has no problem with the conditions. He
sta.ted that he has submitted a drawing that he felt meets the site plan
recommendation. He sta.ted that the shucture will ha.ve a hip roof
and the exterior will be stucco to match the home and that the
evergreen which must be removed for construction will be relocated
to the back yazd. He explained that the garage will be attached and
will be no closer to the street than the existing garage.
Councilmember Smith stated that she has driven by the site and feels
that the garage is very close to the street. She stated that she is not
comfortable with granting a variance, and while there is an existing
garage in the same location, if something were to ever happen to the
house she would_not want the variance to grandfather the location of
the gazage.
Mr. Orme responded that he would not build the home or garage in
the same location and if he had built the home he would not have put
it so close to the front lot. He stated that the gazage will look like
the house and he will match the materials on the house. He
explained that the lot is 300 feet deep but it cannot be divided
because it is not large enough.
City Attorney Hart suggested that Council treat it as a legal non-
conforining use - the variance would exist as long as the non-
conforming use exists. He stated that since the gara.ge would be
attached, the entire structure would be non-conforming.
Mayor Mertensotto agreed, stating that if there were major structural
damage to the house and a new structure would have to be built, the
variance would terminate. He explained that once the non-
conforming use terminates.
�
Page No. 9
June 4, 1996
Mr. Orme sta.ted that he understands and agrees to the non-
conforming use ternunation condition.
Councilmember Huber moved adoption of Resolution No. 96-36,"A
RESOLUTION APPROVING A VARIANCE FOR 1975 WALSH
LANE," as amended to stated that the variance will terminate if the
non-conforming use terminates. '
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-17, WOLFF Council acknowledged an application from Mr. Daniel Wolff for a
conditional use permit to replace an existing detached one-caz
gazage with a new two-cax detached gazage at 600 Spring Street.
Council also acknowledged related staff reports.
Mr. Wolf explained that he would like to remove the existing sixteen
by twenty-two foot gazage and build a new 24 by 26 foot garage. He
stated that he will have to remove the elcisting gara.ge before
construction of the new garage because it will be in the same
location as the existing garage. He informed Council that he agrees
to the conditions recommended by the Planning Commission
regazding complete removal of the existing garage and matching the
exterior of the new garage to the color and style of lus home.
Councilmember Huber moved adoption of Resolution No. 96-37, "A
RESOLUTION APPROVING A CUP FOR 600 SPRING
STREET." �
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
MANNA FREIGHT Council acknowledged a memo from Public Works Director
Danielson regazding a request from Manna Freight for approval of a
building pernut to allow construction of a new building on a lot
lacated immediately east of the BDS building.
Mr. Randy Geisen, contractor for the project, showed Council block
samples and reviewed the site plan for the building. He stated that
the accent band on the building will not be a painted band, but
rather, will be a different color of block.
Mayor Mertensotto sta.ted that the city has had considerable success
in working with people in coming up with exterior designs. He
reviewed what United Properties has done to reduce the expanse of a
building it recently proposed.
�,
Page No. 10
June 4, 1996
Councilmember Krebsbach pointed out that BDS put a lot of money
into its building to give it an office appearance. �
Mayor Mertensotto asked the ratio of building and blacktop to green
space.
Public Works Director Danielson responc�ed that coverage is
significantly under what is allowed by ordinance.
Responding to a question from Councilmember Huber on the
location of the HVAC units, Mr. Geisen stated that they will be on
the lower level roof, set back so that they aze not visible. He
explained that there is a ladder from the inside to the highest roof
and a ladder on the outside from that roof to the lower one. He
stated that roof access is required by the building code.
Councilmember Huber asked if there isn't a better way to get to the
lower roof.
Mr. Geisen responded that the ladder is to provide service for the gas
pipes on the lower roof and that he feels that he could find room in
the lower level for a ladder to access the lower level of the roof but
that the code is very specific about the requirements for the ladder
material, etc.
Mayor Mertensotto pointed out that if maintenance were necessary,
a normalladder could be used from grade to get to the low roof top,
and that the interior ladder is for access to the higher roof. He sta.ted
that Council daes not like the idea of the ladder projecting out to the
front side of the building.
Mr. Geisen stated that the question is whether a ladder to the high
roof is needed if there are no roof-top units there.
Administrator Batchelder stated that staff will research both the
building and fire codes.
Councilmember Smith stated that in the past Council has required
applicants to make the office portions of their buildings as attractive
as possible so that the warehouse portion takes on more of an office
character. She stated that she would like to see more deta.iling in the
design on the front of the structure to accomplish that goal. She
pointed out that BDS is an excellent example.
Councilmember Krebsbach agreed, stating that BDS is the crown
jewel of the area and the proposed structure will be right next to it.
d
`
Page No. 11
June 4, 1996
Mayor Mertensotto suggested that Council could grant a footing and
foundation permit so that Manna can get started on the project, and
that Manna should come back to Council at the next meeting to
propose what additional architectural detail can be done to dress up
the structure. He stated that the response from staff on code research
should also be on the agenda.
Councilmember Smith asked for additionallandscaping, especially
to the front of the building, suggesting that the plantings could be
smaller to allow for the cost of more plantings. She also asked that
there be more interest given to the front of the building and sta.ted
that she would like to see a plan for that as well.
Mr. Geisen stated that United Properties �has covenants which must
be met with respect to landscaping, and that the building plans must
be approved by Uriited Properties as well. He explained that Manna
is very close to purchasing the property.
Councilmember Krebsbach stated that she is most concerned about
the appearance of the front of the building, particulazly because of
the building it will be next to.
Mayor Mertensotto stated that it is Council's interpretation that
since there is no maintenance equipment on the upper level of the
structure, there is no need for the exterior ladder. He stated that
Council could grant concept approval as to the building subject to
more articulation to the front of the building and a landscaping plan
that is acceptable to Council.
Mr. Geisen responded that he can satisfy those issues but does not
want to come back and have Council change the size and shape of
the building. _
Councilmember Smith stated that she would not approve the pernut
issuance with the ladder at the front of the building.
Councilmembers Huber and Smith stated that they would be
interested in receiving comments from Dale Glowa prior to the next
meeting.
Mr. Geisen responded that Council will see what is approved by
United Properties because the structure cannot be built without
approval by United Properties.
Page No. 12
June 4, 1996
Councilmember Huber moved to grant a foundation permit and
concept approval as to the size and height of the Manna Freight
building subject to additional articulation on the front side of the
building and subject to a revised landscaping plan, based on the
applicant's representations on the materials being used and the
finding by Council that since there is no mechanical equipment on
the roof of the wazehouse, the ladder will be limited to inside the
office. �
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
LIVABLE COMMUNITIES Council acknowledged a memo from Administrator Batchelder
along with a copy of the proposed Metropolitan Livable
Communities Act Action Plan for the Dakota. County Cluster.
Ayes: 4
Nays: 0
PLANNER CONTRACT
Administrator Batchelder reviewed the key points in the Mendota
Heights attachment to the plan, stating that it was prepared based on
Council discussion at its Apri130 workshop.
Councilmember Smith noted an error on facsimile page five with
regazd to the total number of units.
Mayor Mertensotto pointed out that participation in the Act is on an
annual basis and Council could pull out if the action plan does not
work.
Administrator Batchelder sta.ted that the plan allows the HRA to act
on the city's behalf for the provision of affordable and life cycle
housing, and that the HRA provides the housing units on a county
wide basis.
Councilmember Smith moved adoption of Resolution No. 96-38,
"RESOLUTION ADOPTING TI� ACTION PLAN FOR THE
DAKOTA COUNTY CLUSTER."
Councilmember Krebsbach seconded the motion.
Council acknowledged a memo from Administrator Batchelder
regazding the proposed agreement for planning services.
Administrator Batchelder informed Council that the agreement is
consistent with the request for proposals and that it is a two year
agreement commencing on June 1.
City Attorney Hart suggested a clarification for Paragraph 10 with
respect to terirunation within the two year period.
�..
Page No. 13
June 4, 1996
Councilmember Krebsbach moved approval of an Agreement for
Planning Services with McCombs Frank Roos Associates, Inc.,
amended as to Pazagraph 10, and authorization for execution of the
agreement.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
COUNCIL COMMENTS Mayor Mertensotto informed Council on a complaint he had
received about potholes on Ridge Place. He also staff to contact the
owner of the land adjacent to the SuperAmerica to see if the excess
dirt &om the SuperAmerica property and from the HRA site can be
stored there.
ADJOURN
Ayes: 4
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
Councilmember Krebsbach complimented Mayor Mertensotto on his
presentation at the MASAC meeting. She stated that she attended
the Middle School ground breaking and applauded the school
distric� She stated that the SOS store has been in the community for
many yeazs and suggested that the city send a note of well wishes to
the owners of the SOS on their next endeavors and thank them for
their efforts in expediting the redevelopment of the site.
Councilmember Huber informed stafFabout a complaint he had
received about a semi being parked on Chippewa.
There being no �urther business to come before the Council,
Councilmember Krebsbach moved that the meeting be adjourned.
Councilmember Smith seconded the motion.
TIME OF ADJOURNMENT: 10:12 o'clock p.m.
Kathleen M. Swanson, City Clerk
LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL
June 4,1996
�
]3xcavating Contractor Licease
Minnesota Home Sewer
Gas Piping Contractor License
Arnold Bing Plumbing
�YAC Contractor License
South-Town Refrigeration
Steinkraus Plumbing & Heating Inc.
General Coatractor License
Anchor Fence of Mn, Inc.
Commercial Residential Roofing
Inovative Building Concepts, Inc.
Drvwall/Stucco Coatractor License
Prestige Drywall, Inc. ' ' -
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION COMMISSION MINUTES
JUNE 11,1996
The regular meeting of the Mendota Heights Parks and Recreation Commission was held
on Tuesday, June 11, 1996, in the Council Chambers at City Hall, 1191 Victoria Curve.
The meeting was called to order at 6:35 PM.
The following members were present: Libra, Kleinglass, Spicer, and Damberg. Liberacki
was excused from the meeting. (Norton and Linnell arrived late.) Also present were City
Administrator Kevin Batchelder, Parks Project Manager Guy Kullander, Recreation
Programmer Chris Esser, and Administrative Intern Patrick C. Hollister.
APPROVAL OF MIlVUTES
Commissioner Damberg moved to approve the May 14, 1996 Nrnutes. Commissioner
Libra seconded the motion. '
AYES: 4
NAYS: 0
SUNIlViER UNDER THE SUN
(Both Ms. Norton and Mr. Linnell arrived at this point.)
Ms. Jennifer Ready of ISD 197 Community Education gave a brief overview of the
Summer Under the Sun program. Ms. Ready explained that West St. Paul and Mendota
Heights have traditionally contributed to the program in equal amounts, although fewer
Mendota Heights children have been involved in the program than West St. Paul cluldren.
Ms. Ready explained that part of this discrepancy may arise from the� ct �at t�e -prQgram
has been based at Grass Junior H'igh in West Saint Paul. Ms. Ready added that the
program would move to the new Friendly Hills middle school by 1998.
Mr. Spicer asked if anyone would like to make a motion that the Commission recommend
continued funding of this program on a year-to-yeaz basis at a level commensurate with
the level of involvement of Mendota Heights children for 1997 and beyond, with an annual
ceiling of $3,000. Ms. Norton offered this motion. Ms. Damberg seconded this motion.
AYES: 5
NAYS: 0
ABSTENTIONS: 1(Linnell)
�
�_
UMPIRE RETMBURSEMENT
Mr. Esser explained that the Parks and Recreation Commission had instructed Staff to
retum to the Commission with an equitable "pro-rated" plan to reimburse all leagues for
the frequent absence of umpires last year. Mr. Esser presented the reimbursement system
he had devised and asked the Commission if it was acceptable.
Ms. Norton moved to recommend that the Council adopt the reimbursement system
devised by Mr. Esser. Mr. Linnell seconded the motion.
AYES: 6
NAYS: 0
REGIONAL YOUTH BASEBALL TOURNAMENT
Mr. Esser explained that Mendakota Park had been selected by the AAU to be a site for
the Regional Youth Baseball Tournament. Mr. Esser also pointed out that the AAU
intends to chazge an admission fee for spectatoxs at ttie tournament, and thus he wished to
know the Commission's thoughts on what the fee structure for use of the fields should be
for this tournament. �
Mr. Spicer said that the City had three options:
1. Charge the standard per-game maintenance fee for City Staffto maintain the fields
2. Require that the Tournament organizers maintain the fields themselves
3. Offer free maintenance by the City of the fields during the tournament.
Mr. Kullander advised the Commission that in addition to the need to groom the fields,
there would also be a need to pick up trash and clean the sanitary facilities on a nightly
basis during the three-day tournament. - -
Mr. Spicer asked for a motion to charge the AAU $75/day for all three days to eimburse
the City for two hours per day of general clean-up, and to offer the AAU the choice of
either paying the City $25/game to maintain the fields, or maintain the fields themselves.
(The $75/day clean-up fee would be waived if the AAU opted to pay for City Staffto
maintain the fields.)
Ms. Norton offered the above motion. Ms. Damberg seconded the motion.
AYES: 6
NAYS: 0
2
NORTHERN STATES POWER - ROGERS LAKE SUBSTATION '
�
Fat Cline of NSP introduced his colleagues Dave Callahan„ Sheldon Silverman, and Joe �
Mansur. Mr. Cline said ihat he would allow Mr. Callahan to e�iain NSP's intentions and
then entertain any questions the Commission may have. �
Mr. Callahan explained that NSP daes nat intend to change the faotprint o'r size of the
NSP substation. -.Mr. Callahan e�lained that there are currantly 2 hi�is within the NSP
fence, and that NSF intends ta excavate ane hill and install sheet piling in its place. Mr.
Caiiahan also said that NSP intends to insta,ll 3 additional power poles for the rerouting of
a power line. ' �
Mr. Callahan said that NSP is asking the City for temporary easements for working space
within the park to make these changes. Mr. Callahan elaborated that NSP may need the
temporary easement for vehicle turning and ma.intenance ofthe substation during this
project. - :
Mr. Callahan e�lained that NSP had been directed ta came befare the Parks and
Recreation Commission by the Planing Cammission tci present their landscape plan. Mr.
Callahan showed the Cornmission two photos of the substatian as one 2aaks sauth:
I. A compasite af three photographs shawing the current view of the substation.
2. A computer-enhanced sunulatian of the same view with the new berming, trees, and
poles. �
Mr. Callahan atso showed the Comrnission a phato of the two types o£ poles NSP couid
install. Mr. Callahan explained that the preferred pole is 75 feet high and stacks the wires
vertically, vvhich results in a cleaner, Iess busy appearance than t�e 55 foot paie which uses
a horizontal T support ta hang the wires. y
,
Mr. Callahan then referred the Commission to their packets, wherein they had beert given
maps afthe proposed berming and landscaping. Mr. Cailahan expla.it�d tb�at al�l�ju�h the
map showed a culvert ruzining through a berm, this cauld be eliminated by making some
minor alteratians. Mr. Callahan said that the NSP properiy line ran just north of the
substation fence. Mr. Callahan added that NSP intended ta remove about 760 cubie yards
of dirt from the substatian which would be used to enlazge the twa existing berms. _
Mr. Linnell had several concerns to shaxe with NSP.
Mr. Linnell cammented that two of the new poles would be near the soccer field, where he
regularly coaches, and thus wauld increase the generai impact of the substation on the
park. �
�
Mr. Linnell also commented that he presumed the reason why NSP was choasing to use ...---
sheet piling inside the substation was the presence af a propane gas iine. Mr. Linnell
_ i
3
`
remarked that the process of pounding in the sheet pile could be noisy for the neighbors.
Mr. Linnell also expressed concern that someone might climb up the fence and fall off into
the substation.
Mr. Linnell commented that the main purpose of the berm would be to get the vegetation
up higher. Mr. Linnell recommended expanding the berm to the east. Mr. Linnell also
stated that he would like to see more trees, especially evergreens. Mr. Linnell said that he
would like to see about 60 twelve-foot Black Hill Spruce Trees, punctuated by some
deciduous trees and shrubs.
Mr. Linnell asked if the color of the new poles would match the color of the existing
poles. Mr. Callahan responded that it would. Mr. Linnell said that he would prefer the
thinner poles, even though they are taller.
Mr. Linnell also suggested that NSP fill in the hole immediately to the North of their
proposed berm and create another berm there. Mr. Callahan responded that the
importation of so much dirt would cost too much.
Mr. Spicer asked NSP when they intended to start this project. Mr. Callahan replied that
NSP would like to begin as soon as possible in order to be prepared for the 1997 peak
demand season. �
Mr. Linnell reiterated that NSP should expand the berm at least half-way into the hole.
Mr. Linnell speculated that it may be economical if the City had extra dirt. Mr. Linnell
added that he placed more priority on plantings than on berms at any rate.
Mr. Callahan said that trees alone would eventually reach the same height as trees plus a
berm, but that it would take longer. Mr. Callahan also stated that berms do indeed reduce
noise. Mr. Callahan emphasized that NSP wishes to "partner" with the City on the
landscaping project.
Ms. Norton asked what exa.ctly NSP means by "partnering", and whe�her �hat i�nt I�TSP
expected the City to undertake some of the cost of landscaping.
Mr. Callahan replied that "partnering" merely meant that the City and NSP should work
on a landscape plan together that would satisfy a11 interested parties. Mr. Callahan added _
that NSP asked the Pla.nning Commission to separate the Conditional Use Permit issues
from the Landscaping issues, and grant NSP the CUPs now subject to the fulfillment of a
landscape agreement later.
Mr. Kullander asked what would happen to the 4'-5' high pine trees along the north fence
line during the sheet piling.
Mr. Callahan said that he did not know the answer. ___
4
Mr. Kullander said that the City would like to save those pine trees if they would be
destroyed. i
�
Mr. Silverman explained that NSP would work from inside the substation to the greatest
extent possible and not disturb these trees. ;
Ms. Damberg asked NSP what size trees they intended to plant for their laridscaping.
} _ �
Mr. Callahan replied that spruce trees in the 4'-6' range ha.d the best survival rate and
grew faster than iarger trees. Mr. Catiallan added that the Colorado Spnzce can graw ta
be 45' high and that NSP did not want to have to prune such tall trees in the future if they
conflicted with the power line. `
Mr. Batchelder observed that the Co�runission had raiseci two very important issues #his
evening: the potential disruptian of vegetation at the northeast of the substation and the
issue of noise from sheet piiing. � -
Mr. �allahan said that sheet piling would only occur during nor�nal buszness hours.
Mr. Silverman added that total excavation and sheet piling would take about 2-3 weeks.
Mr. Silverman said that NSP did not yet have a contract for� the sheet piling,' and thus
there was still an opporl�uiuty to restrict the sheei piiing activity to, for example, 7:30am-
4:30 pm for four days/week. Mr. Silverman added that however the hours were
restricted, the sheet piling would stiil have to occur for at least 40 haurslweek in order to
get it dane in a timely manner. � ,
Mr. Spicer asked about the fate of the northeast vegetation.
� i
Mr. Silverman said that NSP would not be cutting dawn trees, and instead would bring
the dirt through fihe NSF site. Mr. Silverman added that the new berming may disrupt
traffic on the existing bike trail when the dirt is being moved onto the berm areas. -
Mr. Spicer asked for a motion to recammend approval of NSP's plans, subject�to the
creatian af a better landscape ptan by a committee consisting of NSP, City Sta� and Mr.
Linnell. '
'� ;
Mr. Linnell affered to make the above motion with an amendment that the landscape plan +
include restrictions on haurs of operatian for sheet piling. ;
Mr. Libra offered ta secand the motian with anather amendment that th.e committee
include someone fram the Neighborhood Association. (Ms. Blesener later that evening
of�`ered tn be tlus person.) i
Mr. Cline said that NSP wishes to present this new landscape plan to the Planning _.,.�_.
Commission on the 25th of June. �'
5
Mr. Spicer instructed Mr. Cline to talk to Mr. Linnell.
Mr. Kleinglass asked why, if NSP was in such a hurry, they didn't come to the City a
month earlier.
Mr. Callahan said that NSP is in compliance with the City's ordinances and has a budget
constraint. Mr. Callahan said that Staff had told him that NSP is in cempliance with the
City's ordinances. Mr. Callahan offered to take a tour around the vicinity of the
substation with anyone who is interested.
Mr. Kleinglass moved that the Commission recommend that Mr. Linnell and Mr.
Kullander work with NSP on these issues.
Ms. Norton seconded the motion.
AYES: 6
NAYS: 0
MENDAKOTA LIGHTS TASK FORCE
Mike Black of the Mendakota Lights Task Force presented the Findings document to the
Commission. Mr. Black explained that the Task Force had 4-5 meetings, and that there
was an obvious division of opinion within the Task Force on the merits of the lights. Mr.
Black explained that the Findings document is intended to provide a common factual
knowledge base for everyone discussing the lights issue.
Mr. Black said that earlier debates about the lights suffered frorri a lack of a common
quantitative understanding of the current and projected levels of demand for ballfields.
Mr. Black explained that in order to address this knowledge gap, Mr. Black and Mr.
Friedman compiled the Findings document and submitted it to Mr. Batchelder, who made
minor revisions to the document. '
— - -�.�t s
Mr. Black continued that the Task Force had decided to present this document to the City
Council at their first meeting in July, even though he personally would have preferred to
refine the document and discuss it with the Task Force for another month. Mr. Black
asked the Commission to make a recommendation to the Council for their July 2nd -
meeting. Mr. Black reiterated that the information in this document deserved more
review, and that it was important that a11 participants in the lights debate had common,
accurate information.
Mr. Black stated that the School District reports tha.t school enrollment will be flat for the
ne� five years. Mr. Black suggested that the figures which the school district has
compiled show that there will be no significant increase in the number of children in the, r_.
foreseeable future, despite the fact that MHAA projects a growth in participation.
�
�
Mr. Black elaborated that the data shows an increase in M�IAA participation betvveen
1990 and I995, but a slight decrease between 1995 and 1996. Thus, Mr. Black observed, �
this document gives "talking points" ta both sides of the debate. ! . �
Mr. Black said that MHAA was not clear on how many fields it was losing� Mr. Black
continued that MHAA has lost fields in West Saint Paul and a middle school, but will gain
fields with the new Friendly Hills 1V.['iddle Schoal in Mendota Heights- Mr. Black said that
the new Friendly I�ills l�iddle School will have one "whole" field and one field shared wzth
soccer. Mr. Black also said that recent schedulizig changes at Mendakota have allawed it
to play 6 additional games per week, including each Sunday night. Mr. Black explained
that Monday-Thursday at 6:04 or 6:30 was considered "prime time" for gaxnes. �
i
Mr. Black said that the benefit of lights would be a total of 26 yauth gameslweek, whereas
currently the youth are playing 6 games/week at Mendakota. Thus, said Mr. Black, lights
would provide an increase of 10 gameslweek, ar 100 games for one 10-week season.
��
Mr. Black sa,id that those who are opposed to the lights feel that there are other ways to
achieve the same benefit that would be superior to installing lights at Mendakota Pazk.
i
Mr. Black also pointed out that the last sentence in Jahn Norton's rnemo pointed out that
while a 75° field was safficient far younger kids, older kids needed at least 94'.
�
Mr. Spicer said that the City only had one 90' fie�d. ;
�
Mr. Black responded that the 90' field shortage would nat be salved by lights. Mr. Black
said that those wha iavor lights argue that lights cost less tha,n new fields. But, Mr. Black
countered, the Cifiy already owns proparty which it cauld use for fieids. Mr. Black also
asked if perhaps four to six games a week could be played at the new 1VTiiddle Schaol.
Mr. Black suggested that fields be built at Friendly Marsh Park or Highway �149 right-of-
way which is not built upan and which the City could acquire. 1VIr. Black also su ested
that two fields could be created in Friendly Marsh Park for less than the cost�ofTights at
Mendakota. Mr. Black said that these twa new fieids coutd add 8 games/week, or 10
games/week with Sundays. j
;
Mr. Black repeated that those who are opposed to the lights feel that other ways would +
be better to achieve the same result. Mr. Black said that if lights were installed, kids could
use the fields from 6:30-8:00 and adults could use the fields at 8:00 and 9:00. Mr. Black
said that the lights wouid aniy be used until the end of July and would be out at I Opm.
i
Mr. Black said that the Iights would only be used for a ten-week period, and that new
fields would not have the same restrictions. Mr. Black also suggested that the Army could
da the grading for any new field construction. � ^__.
7
Mr. Black reminded the Commission that Mr. Kullander had provided cost estimates for
both lights and fields at previous meetings.
Mr. Spicer asked Mr. Kullander how much two fields at Friendly Marsh would cost.
Mr. Kullander responded that they would cost $200,000 or less.
Mr. Kullander said that the City could build two fields at Friendly Ma�sh now but that
there were two considerations.
1. If the fields were built now and the MnDOT land was acquired later, the City would
end up with a sub-optimal use of the area.
2. The neighborhood may complain about converting to an active use what was a passive
park.
Mr. Kleinglass said that he has attended two Task Force meetings, and that he was still
unsure as to whether or not the current fields were being used adequately.
Mr. Black responded that he could not demonstrate numerically that the e�risting fields
were currently underused, but that testimony from residents�and anecdotal evidence
seemed to indicate that they were not. Mr. Black also expressed regrets that Mr. Norton
was not present to explain the current field usage.
Mr. Kleinglass said that he had heazd opponents of the lights say that the current fields
were underused.
Mr. Black said that the underusage appeared to be especially acute on Fridays.
Mr. Kleinglass asked why this issue had to be "rushed".
Mr. Batchelder explained that the Council wanted the issue to reiurn to them at �t eir first
July meeting in order to have the lights available by next spring should they decide to
install them.
Mr. Kleinglass commented that it took St. Thomas a long time to get permission for their
field lights.
Mr. Batchelder said that the Council asked that a Task Force be formed in February, that
this Task Force had met 4 or 5 times already and that the Task Force would meet one
more time before the Council meeting on 7uly 2.
Mr. Kleinglass asked if there would be no recommendation from the Task Force.
��
:
!
Mr. Black responded that there would be no recammendatian, and that the purpose of the
Task Force was to "provide the battlefield".
�
Mr. Spicer recammended a 5-rninute interrnissioz� to allow the Commission tirne ta� read
the Findings document.
Mr. Friedman stated that some of 7ohn Norton's figures were toa high:
• 555 > 509 (Baseball)
* 356 > 339 {T-Ball}
• 35Q > 342' (Crirls' Saftball)
Mr. Friedman also objected to the way Mr. Norton calculated the "Annual Increase" in
participation. Mr. Friedman said that taking the percentage increase over a five-yea,r
period and dividing it by five does nat render the "Annual increase".
Mr. Black reiterated that the Task Force had na recommendation.
Ms. Narton asked how much the lights would cast. '
Mr. Kullander respanded about $225,000 maximum. Mr. B�atchelder stated that the lights
would be designed by a prafessional firm on a competitive basis and the estimated range
was $150,000 to $225,000.
Mr. Spicer than called far a five-minute recess ta provide the Commission time to read the
findings dacurnent.
(Intermissian)
After the intarmission, Mr. Spicer asked 7an Blesener if she would be interested in serving
on the committee ta design the landscaping for NSP. � `
—� _ -•,si c
Ms. Blesener responded that yes, she would, since her house was among the clasest to the
NSP substatian. Ms. Blesener said that the decibel reading at her house was at 50 dB, the
same level as at the fence of the substation, and that the hum in her house sounded like "a
broken florescent light". _
Mr. Spicer carnmented that NSP claims that the dB level wauld go from 49 to 47 after the
project, which is a more sig�ificant drop than it sounds like since dB is a logarithmic scale.
Mr. Spicer then asked for a motion on Mendakata Lights.
Mr. Kleinglass suggested tablirig the cliscussion to the Juty Park and Recreatian
Cornmission meeting. _ --
�
Mr. Black said that the Task Force will meet again, but that he did not e�ect the Findings
document to change vary much. Mr. Black repeated that the purpose of the document
was to provide information, not make a recommendation. Mr. Black said that he thought .�
that the Task Force had made good progress in that regard by putting this document
together.
Mr. Spicer said that the City faced three choices:
1. Light the fields for $200,000 for 160 additional games/season
2. Create two fields at Friendly Marsh for $200,000 for 60 additional games/season
3. Do nothing.
Ms. Blesener said that the need for additional fields is debatable, and that there was no
consensus on how to meet that need. Ms. Blesener said that lights are a bad idea, because
they would go against the community's precedent of restricting lights of all kinds.
Mr. Friedman said that the lights would provide 160 additional games per season, but only
2 hours of adult play.
Mr. Batchelder said that the softball season actually ran from the first week in May to the
second week in August. 9
Mr. Spicer thanked Mr. Batchelder for that clarification, but said that the Commission was
deliberately taking a conservative estimate.
Mr. Spicer again asked for a motion.
Mr. Libra said that although the neighbors had legitimate concems, he would like to make
the same motion on the lights that the Commission had passed at the February meeting.
Mr. Spicer asked for a second to that motion. There was none. -
— - -,i1 �
Mr. Spicer asked for a different motion. There was none.
Mr. Kleinglass said that he wanted more discussion of other alternatives before he voted.
Mr. Kleinglass said that he was not convinced that lights were necessary. Mr. Kleinglass
said he wanted to heaz more about the cost and feasibility of acquiring more land.
Mr. Spicer said that Mr. Kullander had already provided the Commission with several
other scenarios, including:
1. Friendly Marsh
2. Resurrection Cemetery
3. TIF property near Acacia Cemetery
��
10
�
Mx. Spicer said all of the above options wauld cost more than lights.
Mr. Kleinglass then asked if the only choice the Commissian faced was lights or no lights.
Mr. Linnell said that both creatitng two fields at Friendly Marsh and buying MnDOT land
wo�d cost tao much. Mr. Linnell asked if the City could construct another field at the
City-owned site on Freeway Road.
Mr. Kullander said that the City would have to buy 4 acres, that the underlying fee owners
were not clear, and that the grading casts would be higher. Mr. Kullander said that land
costs cauld be as high as $40,040/acre for a total acquisitian cost of $160,Op0.
Mr. Linnell said that the total cost would be over $300,000 which would be too much far
the Special Park Fund. Bui, Mr. Linnell added, the Freeway Road sita wauld have the
advantage ofnot being an objectionable lacation.
Ms. Blesener said that if the ROW was required by the City for a road, they could get a
better price from MziDUT. 1t�Is. Blesener suggested that the Park couid be an interim use.
Ms. Blesener added that the Army could do the gradirig for a lower cost.
Ms. Narton made a rnotion that the Gommission recarnmend that no lights be put in at this
time, and thai Stafflaak at the Freeway Road siie and other options for ihe most cast-
effective way to create more ballfields.
Ms. Damberg said that the Park Fund should not be depleted because it was needed
eisewhere. Ms. Damberg added that she was not convinced that aIl had been dane to fix
the current MHAA schedule.
Mr. Kilburg said that he plays adult softball and coaches yauth baseball. Mr. Kilburg said
that the Task Farce has ]aoked at aII the ather land acquisition options. Mr. Kilburg
added that Mr. Kullander had provided the Task Force with land acquisition optiorzs and
their casts, and that the most cost-effective way to increase field capa.�ity was t�ufi�up
lights at Mendakota.
Mr. Kilburg said that better scheduling could not be done unless the City took M�iAA
over. Mr. Kilburg expressed regrets tbat Mr. Norton was nat present, since he was busy _
caaching. Mr. Kilburg said that there isn't even enough field time available far practicing,
and that it was rare to ha�e a field open, as all the fields are scheduled far games.
Mr. Kiiburg insisted that Lights would address the Iong-term needs of the community,
except far the need for ane more 90' field. Nir. Kilburg added that a lat of people wauld
benefit from the lights, bath youth and adults.
�
11
Ms. Damberg reminded the Commission that a referendum had passed for Softball and
Baseball for 3.4 million dollars. Mr. Kilburg stated that the referendum included many
other improvements such as neighborhood parks, soccer fields, and bike trails. ,
Mr. Kleinglass asked why he was hearing two completely different stories about field
usage, one that they were being fully used, and the other that they were being grossly
underused. �
Mr. Spicer said that fields were not being used in the afternoons.
Mr. Kilburg said that some fields would also have to be left open for iain-outs/make-up
games.
Mr. Kleinglass again asked if lights were the only option to solve this problem.
Mr. Kilburg said that yes, they were. Mr. Kilburg added that he had looked at other
options, and was now more convinced than ever that lights would be the most cost-
effective means of addressing the problem.
Mr. Spicer remarked that Ms. Blesener and he had worked on this issue together when the
fields were first constructed. Mr. Spicer said that although some people are pro-lights and
some are anti-lights, he knew of no other 4-field complex anywhere that did not have
lights.
Ms. Norton said that she did not want to deplete the Park Fund:
Mr. Batchelder said that the City use funds from the Special Park Fund and replenish it
later, through the use of available revenue streams such as the g�neral fund, donations
from MHAA user fees, and concessions.
Mr. Spicer said that the Park Fund was currently quite high, and that it had doubled in the
last 5 years. � _ � �
Ms. Norton said that Mr. Batchelder couldn't prove that the Park Fund would be
replenished.
Mr. Batchelder said that replenishing the Park Fund would be the prudent option. Mr. -
Batchelder added that the Fund could be restored through MHAA donations, concession
sales, general fund contributions and user fees and the Finance Director would recommend
this approach, if a decision is made to build lights.
Mr. Linnell said that MHA.A would donate some money.
Mr. Kilburg suggested that Pull Tabs be allowed to contribute. T__.
12
Ms. Blesener said that when the referendum was passed, many people said that the City
could not coordinate field usage with the school district, and that this fear had proven to
be groundless. Ms. Blesener suggested that the City look at industrialland for fields, even •
outside of City borders. •
Mr. Spicer said that he is tired of talking about ballfields, and that they have discussed this
for two years. Mr. Spicer added that the City Council does whatever it wants to anyway.
Mr. Spicer insisted that the City had already been creative in searching for alternatives for
ballfields.
Mr. Kilburg said that in the previous two years the City had considered all available
options.
Mr. Spicer said that no matter what you do, you always make somebody mad.
Mr. Kilburg said that it would be a waste of a great facility to not put up lights.
Ms. Blesener insisted that her opposition to the lights is not just parochial, and that she felt
lights anywhere were bad for Mendota Heights.
Mr. Spicer countered that the only people he had heard object to lights were neighbors of
the park.
Ms. Norton again offered her motion that lights not be put in, and that the City investigate
using the Freeway Road site.
Mr. Kleinglass offered to second the motion if he could amend it to investigating any site,
not just the Freeway Road site.
Ms. Norton accepted the amendment and second.
AYES: Norton, Damberg, HIeinglass � _ _ � _
NAYS: Spicer, Linnell, Libra
Motion Fails.
Mr. Linnell said that he didn't like the idea of bonowing from the Park Fund, and that the
City couldn't buy Mr. Slovinski's property for $400,000. Mr. Linnell said that the City
may only have about 5 yeaxs left to buy whatever remaining land there is. Mr. Linnell said
that the question the City faces is whether or not the community could live with the
e�sting fields or whether the City should increase the services it provides. Mr. Linnell
stated that some additional demand could be met by improved scheduling.
Mr. Linnell offered a motion that the Commission recommend first investigating the _----�
construction of a field at the Freeway Road site, and only if this is not feasible, install
13
lights at Mendakota Park. Also, the Park Fund should not be depleted and the City should
"chip in".
Mr. Libra said that Mr. Kullander's plan for the Freeway Road site made no
accommodation for parking access.
Mr. Kullander said that such details could be worked out later.
Mr. Libra said that 2 fields would take 7.1 acres.
Mr. Kullander said that access could be obtained from Freeway Road and parking would
be accommodated on site wherever possible. Mr. Kullander added that this would be a
very tight site for two fields.
Mr. Libra said that the community needs adequate facilities. Mr. Libra added that the
scheduling can't be further "fine-tuned". Mr. Libra warned that if the fields were
scheduled too tightly it would kill the grass and leave no room for rain-outs. Mr. Libra
added that Eagan is spending a great deal of money on fields.
(Mr. John Norton arrived at this point, with Mr. John Carl and two uniformed youth
baseball players.) a
Mr. Libra continued that although the Freeway Road site cost was approximate to the
lights cost, the lights would provide more games than this site. Mr. Libra felt that once
again no more than 25% of the Special Park Fund should be used.
Mr. Spicer said that fully one-fifth of the City's residents use the facilities, and that lights
were the most cost-effective option. �
Mr. Libra said that Linnell's motion would cost $360,000.
Mr. Kleinglass said that he liked the Freeway Road site part of L•innell's motion but not
the lights part. —
- � =
Mr. Norton said that the Freeway Road site could not take 2 ballfields. Mr. Norton added
that the lights would take care of those younger than 14, but eventually kids grow up. Mr.
Norton repeated that he had lost fields. -
Mr. Norton said that the Freeway Road site would be good for one 90' field. Mr. Norton
added that there has been growth in girls softball and soccer, and that softball could play
at Mendakota in two years.
Mr. Norton said that he would like only one field at the Freeway Road site for baseball.
Mr. Norton recommended against creating fields at Friendly Marsh, since they would beT__
14
absolete in two years. Mr. Narton said that in two years the kids could play at a11 e�sting
fields, and that the Army could cio the grading for one field at the Freeway Road site.
Mr. Kleinglass asked if the City couid install lights at a nevv field at the Freeway R.oad site.
Mr. Norton said that would be possible, and that it would cost about one-fourth the cosi
of installing lights at Mendakota. Mr. Narton added, however, that he did not want kids
thirteen ar under: at the Freeway Road site. Mr. Morton said that bu�for lack of fields, he
could have 3 traveling teams oithirteen-year-olds. Mr. Narton said that he could squeeze
in two games at the Freeway Road site per night if it were iit.
Mr. Spicer said that the fastest-growing segment of baseba�]. was 19+, and that kids want
amateur baseball which requires the full size baseball field with 90' baselines.
Mr. Narton said that the Freeway Road site wauld be an excellent site, and that MHAA
was utiJlling to cc�ntribute ta Mendakota Lights. Mr. Norton pointed out that other cities
admire the complex at Mendakota, and that the AAU regional taurnament will be held
there this year.
Ms. Norton asked if there was still unmet demand for 23+ baseball.
Mr. Norton answered yes, thai the "poputation wedge" will keep coming, and that girls
softball is alsa growing.
Mr. Spicer pointed out that one of the reasons there was sa little girls' baseball is that
girts' fast-pitch softbaii has became sa popular.
Mr. Norton said that there were 91 girts in fast pitch softball this year.
Ms. Damberg asked abaut haseball in 7unior High.
Mr. Narton confirmed its existence. ' ^ _ �:
Ivls. Damberg asked if the City would be duplicating Junior High baseball.
Mr. Spicer saad na, because the schaols are done in mid-May.
Ms. Darnberg said that that sti1l represented some experience in basebait for kids.
Mr. Kieinglass pointed out that at Szbley High School 35 kids are enrolled in three sports.
Mr. Spicer said that during the schoal year kids play 12-13 games, but that Mr. Norton's
tearns play 40 games during the summer season.
Mr. Kleinglass added that school sports are also more campetitive than MHAA sparts. �
1s
Mr. Norton added that MHAA sees its role as teaching.
Ms. Damberg asked if the lights would satisfy a11 basebalUsoftball needs.
Mr. Norton said lights plus one 90' field would, for both short-term and long-term.
Ms. Damberg sa�d that that would cost more than the Park Fund had�
Mr. Norton said that the MHAA would need a 90' field in the future unless it could rent
one. .
Ms. Norton said that the "bump" in 13-year-olds would not continue, and that unmet
needs won't continue to grow.
Mr. Norton said that there is a growing demand problem all over the Twin Cities, and
drew a population curve on the easel.
Mr. Linnell then passed out plans he had created for improved fields at Friendly Hills
middle school, expanding the outfield on the shared field, and asked if an expanded
outfield would still help with a 60' baseline. a
Mr. Spicer asked for a second to Mr. Linnell's motion.
Mr. Kleinglass said he would second it if Mr. Linnell removed any reference to lights.
Mr. John Carl, Vice President of the MHAA, and co-coach of Mr. Norton, said that the
new fields could not be used for 1998, since they would take 2�eaxs. Mr. Carl said that
the City needs to determine now how to head offthe demand for 1997.
Mr. Spicer again asked for a second to Mr. Linnell's motion. There was none.
Mr. Spicer said that when he started coaching 16 yeazs ago, he had nothing to o�k with,
but lived to see one of his teams take 4th place nationally. Mr. Spicer said that Ms.
Blesener helped create many fields. Mr. Spicer stated that Mendota Heights is falling
behind other communities in the provision of athletic facilities, and that the City used to be
ahead of other communities. '
Ms. Norton said that the City is doing plenty to serve kids now, except that the City is
underserving girls.
Ms. Damberg said that baseball is just a game, and that the community should focus on
raising reading scores up from 60%.
Mr. Carl asked what the City does currently for kids. � T
16
i � 4
Ms. Damberg said that the parents in the cornmunity do a lot for kids.
Mr. Spicer stated that the Council had ignored repeated pleas by the Parks and ReGreation
Commission for a fu11-time Recreation Coordinator.
Ms. Narton added that the Cauncil doesn't listen to the Parks and Recreation
Commission. _ _
Mr. Kleinglass commented that the conversation had drifted beyand the tapic of lights.
Mr. Spicer said that the City shauld do more for recreation for kids.
Mr. Libra again moved the same motion that the Commission passed in February.
1VIr. Spicer asked for a second to this motian. There was none. Mr. Spicer said that there
should be some closure an this issue.
Mr. Linnell made a motian that the Parks and Recreation Commission express its belief
that additional field capacity is needed, but that it was unable to come to a decision as ta
haw to address this concern. q
Mr. Kleinglass secanded the above motion.
AYES: 6
NAYS: 0
PARK RESERVATION PULICY
Ms. Damberg recommended sending a letter to Ms. Weisenburger.
Mr. Kieinglass said Ms. Weisenburger should have called the po�ice.
— _ -,,ai, c
Mr. Esser respanded that he had suggested caiiing #he potice to Ms. Weisenburger.
Mr. Libra said that residents can oniy reserve the paviiian, nat the park itself.
Mr. Spicer asked for a motion directing Staffto purchase a sign box with Ple�glas ta post
pavilion reservations in and mount it at Mendakota Park.
Ms. Damberg offered to make the motion with the amendment that Stai� should advise
people in the future to call the police.
Ms. Narton seconded the amended motion.
m
0
AYES: G
NAYS: 0
Ms. Narton insisted thai the City start to discuss grooming the ski #rails with St. Thomas.
Mr. Kuliander said that he called but gat na answer.
Ms. Narton said that Mr. Kullander should talk to Barb Schmidt, and that this concern
should be open to the public.
Mr. Kullander then shawed same overheads.
Ms. Narton said that the County wauld not graom on the lake.
Mr. Libra said that the bike trail nea.r the Ragin' Cajun is in Mendota Heights. Mr. Libra
also suggested that Fort Snelling have picnic tables. �
Mr. Linnell said that a trail is being constructed along 494 �nd Gedar. Mr. Linnell added
that he is going ta look rnore closely at the Slavinski property, ne� to the Par 3 golf
caurse, far a traii.
Mr. Kullander explained that Mr. Siovinski wants the buyer to leave the house, but that
realistically the praperty will probably be subdivided into 3 or more lats. Mr. I�ullander
added that Mr. Siovinski is laoking for a deveiaper, that there are steep slopes in that area,
and that he would provide Mr. Linnell with topographic maps o�`the site.
ADJUURNMENT
Motian to adjQurn made by Libra and seconded by Kleinglass. ' �_ �_
AYES: 6
NAYS: 0
The meeting adjourned at 9:45 PM.
Respec�lly Sub�zitted,
Fatrick C. Hollister P�
�
" 4
�
MENDOTA HEIGHTS FIRE DEPARTMENT
MAY 1996 MONTHLY REPORT
:E CALLS N0. 96095 - 96118 NUMBER OF CALLS: 24
FIRE ALARMS DISPATCHED: NUMBER STRUCTURE COPITENTS MISC. TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $72,000
Structure - Cantract Areas - $0
Vehicfe - MH i 2 ' ' '$22,800
Vehicle - Contract Areas - $0
Grass/Brush/No Value MH 1
GrassBrush/No Value Cor�tract. TOTAL MONTHLY FIRE LOSSES
MEDICAL
Assist 3 $0 $0 $0
Factricatian
HAZARDOUS SITUA710N FIRE LOSS TOTALS MENDOTA HEIGHTS
Spills/Leaks 3
Arcing/Shorting . 1 ALL FIRES, ALL AREAS (MONTH) $0 $9i�,800
Chemical -
Power Llne Down MEND. HTS. ONLY STRUCT/CONTENTS $71,500
FALSE ALARM �
Residential Malfunction 2 MEND. HTS. ONLY MISCELLANEOUS $23,300
Commercial Malfunction 4
Unintentional - Commercial 3 MEND. HTS. TOTAL LOSS TO DATE $94,800
Unintentional - Residential 2
'minal BILLING FOR SERVICES
l INTEM'
Smoke Scare 1 AGENCY THI.S MONTH TO DATE
Steam Mistaken for Smoke
Other 2 MN/DOT $0
MUTUAL AID MILW. RR $0
CIVR RR � $0
TOTAL CALLS 24 OTHERS:
$0
LOCATION OF FIRE ALARMS: TO DATE LAST YEAR
TOTALS: $0 $0
MENDOTA HEIGHTS 21 105 90
MENDOTA 0 1 Z FIRE MARSHAL'S TIME FOR MONTH
SUNFISH LAKE 2 6 4 �
LILYDALE 1 6 3 INSPECTIONS 27.5
OTHER 0 3
INVESTIGATIONS 0
TOTAL 24 118 102
RE-INSPECTION 3.5
WORK PERFORMED HOURS TO DATE LAST YEAR
MEETIN6S 4.5
FIRE CALLS 455.5 2129.5 2067
MEETINGS 52 309.5 317.5 ADMINISTRATION 22
DRILLS 134 735 1033
WEEKLY CLEAN-UP 32 159.5 179 SPECIAL PROJECTS 2
5PECIAL ACTIVITY 121 529.5 542
A' "STATIVE 0 0 0 TOTAL 59.5
F�. ,ARSHAL 59.5 387 418.5
TOTALS 854 4250 4557 REMARKS: SEE OTHER SIDE FOR SYNOPSIS
0
�
SYNOPSIS
The department responded to 24 calls during the month of May, 1996. The most
serious of these involved a loss of life in an accident involving two velucles on I-35E. We
assisted Health East and State Patrol while on the scene. Another call involved a leaking
propane tank on a gas grill. We removed the hazard and stabilized the tank. �
TRAINING
CleanuplSquad Drill
Squads toured some of the new
Wheel was one site visited. Firefighte
themselves with sprinkler hookups and
Monthly Drill
building additions in our industrial area. Big
rs viewed the sites for size up and to familiarize
other life safety information.
The department drilled on relay pumping this month. The concept involved moving
large amounts of water long distances wlule sall maintaining sufficient pressures. Laige
diameter hose was tested during this drill as it is tested annually every spruig. -
F'
,,
�.
FIRE DEPARTMENT Mt�NTHLY WtJRK pERFORMANCE FOR MAY 1996
(Special Axount includas: flre preventton, truck, safety , outslde flre schools}
CALLS FOR MONTH FIRE FIRE FIRE PERGEN7 CLEAN MON7HLY GEN 4FFICER SQUAD SPRING SPECIA!
24 CALLS CALL CALLS ATfENDED UP DRILL MTG MTG DRILL CLEANUP AGT.
,R TO DATE ATTD HQURS ATTD THIS 1 2 2 2 2 3
it8 MON'M MONTH YEAR YEAR HOURS HOURS MRS. IiOURS HOURS H4URS HOURS
Adrian, Ed 13 �14.5 66 51% 1 2.8 2 2
6laeser, Bret 17 18.5 93 79% 2.S 2 1
Brenna», Mike 32 i2 38 3290 2 2
Coates, Aaron 7 � 45 3$96 1 2 2 4
Canno(ly, Marcus 11 12 54 4696 i 2.5 2 - 2 �.
Coonan, Mike 12 13 . 35 309G 1 2 2 2
Dreelatt� €3aVid 10 1.1.5 60 51% 1 2.5 2 2 7.S
Dreelan, Paul 10 14 72 61% 2.5 2 1
Flenning, Scatt 9 i8 54 4696 1 2.5 2 2 1
Husnik, Ted 10 11 34 29% 1 2.5 2 2
Katzenmaier, Ron 20 21 6fi 56% 1 2.S 2 2
Kauhnann, Mark 9 10.5 43 369'0 2 2.8 2
Kiiburg, Jim 15 16.5 58 4996 1 2.S 2 � 30
Ki s!e , Ro 24 26 83 7096 2.5 2 2 2 ' 8.5
ttiarkowski, Wait 8 ? 27 23% 1 2.8 2
L2paldc0, John 14 15 72 61% 1 i 2 2
�erbs. Jamie 14 15.5 64 5496 2.5 2 2
Lowe, Ceorge 12 13 64 54% 1 2 2 2 2
Maczko, John 9 9.S 51 43% i 2.5 2 2
M� '�, Mike 8 8.5 62 5396 1 2.5 2 2 4
!Y ,ara, Rand 8 9 32 27'3b 2
Neison, Gerald, Jr. 17 19 85 7296 1 2.5 2 30
Neska, Jahn 11 12.5 40 34% 1 2.5 2 2
Qtund, TOm 7 8.8 42 36% 1 2.5 2 2 4
(?ster. TIm 6 6.5 53 45% 4 2.5 2 2 3
Patan, Dave 14 15.6 60 51 % 1 2 2 2
Perron Jim 12 14 54 46% 1 2.5 2 2
Parmn, Kevin 8 9.5 �t3 36% t 2.5 2 2
Shields, Tom 11 12.5 56 4796 1 2.5 2 2
Sk' nten� Gardy i6 1�.5 5T 4895 1 2.5 2 2
Stein, Keith 13 14.5 88 589'0 1 2.5 2 3 30
Stenhaug, Jsff 12 13 54 46% 2.5 2
Weinzettel, Tom 13 1 S 36 31 % 2 2 1.5 2
Waisenbur r, Ken # 2 13 53 45% 3 2 2 2 1
Zwirn, Dick 8 9.S 54 46% 1 2 2
TOTAL FOR MONTH 455.5 TOTAL ATTENQED 32 33.25 26 0 28 3 14
TOTAL F4R YEAR 2129.5 TOTAL MAN HQURS 32 66.5 52 0 56.5 11 i21
'MIS MONTN I.AST MOM'N I.A3T YEA
AVE. RUNS/MAN 12.84 XX)OCXXXX)OC kJ�00C7000C
AVE. MENtRUiV 17.13 'Eb.25 14.47
AV'' -' FOR YEAR 50.90 50.23 54.88
G1TY QE MENDt�TA HEIGHTS C�`
TREASURER'S REPORT, MAY 1996
DAKOTA INC.
Checking Account 1.05%
Savings Account 2.15%a
G.D. Rep. 3.00%
Collaterai - Bonds
Gov't. Guar.
CHER{JKEE STATE BANK
Saving Cer#. 8I22196 a(,,7 3.63°10
Coilateral - Bonds
Gov't. Guar.
�aSalle Bank CD 511217°IQ ,
FHLMC 7.23% 12/97 FBS 6.40%
FNMA 6.'[ 8°l0 'I 2199-96
FHL Mtg. Pool 8% (PRU)
FMLC 7°lo Mtg. POa1(PRU} PAC
FMLC 6 1/4% Mtg. Pool (PRU)
FNMA fi°la Pool {PRU}
FHLMC 6% Pool @ 101.4375 (PRU)
FNMA {1994 POoI} 61I2°lo {PRU}
U.S. Treasury Money Mkt. (FB5)
Gov't. Securities Fund
Zero Cpn T.Bds 7.9% - 2011 (J&M)
PRU Cov't Sec Fd
TOTAL FUNDS AVAILABLE
Funds Available 12J31J95
Funds Available 4/30/96
Rates Money Market
Apr 30 Bank 2.85°!0
9r�y 3Q FBS 5.18%
LES:kkb
BALANCE
$85,150.58
$592.84
4.00
$85,743.A�2
�, �� f�� �f
�, �� ��� ��
$13,9�2.59
$13,952.59
�, �� ��� ��
'� !i if1 1i
$95,000.00
$500,00$.00
��ao,00s.00
$223,561.63
$505,000.00
$408,915.54
$5{33,180.34
$244,806.90
$263,522.30
$1,512,OOQ.00
$1,002,4?0.00
$197,530.00
$420.00
$6,056,118.72
$7,895,846.39
$5,808,623.82
COLLA,TERAL
�,,�� f�� ff
$6iQ0,OdQ.00
Vatue 5-30-9fi (est�
$95,000.00
$502,5pQ.00
�5oa,000.00
$225,OpQ.00
$497,000.00
$380,000.00
$478,000.00
$241,000.00
$253,OOtJ.00
$2,412,000.00
$2,325,000.00
$320,000.00
���o.ao
CITY OF MENDOTA HEIGHTS
�� T �
June 14, 1996
TO: Mayor, City Council, and City Administr or
FROM: Patrick C. Hollister, Administrative In��
SUBJECT: Spring Clean-Up Summary
Discussion
On May 18, the City held its Second Annual Spring Clean Up Day behind Mendota Plaza.
Trucks and dumpsters from various local garbage haulers accepted items such as tires,
sheet rock, TVs, and broken bicycles. Staff estimates that 200 caz and truck loads of junk
were brought by our residents to Mendota Plaza.
Also, as an integral part of the Annual Spring Clean Up, JR's Appliances picked up
"curbside" many old appliances from our residents on the morning of May 20.
Please see the attached summary sheet itemizing the various costs and revenue sources for
Spring Clean-Up. The 1996 Spring Clean-Up was achieved under budget. The $1,300
grant provided to us by Dakota County specifically for this event now has $30.65
remaining. Likewise, the $2,500 grant from Dakota County for the printing and
distribution of recycling-related materials has $746.17 remaining.
Staffwould like to thank the following people and organizations for making the Second
Annual Spring Clean Up a huge success:
• Paster Enterprises, owner and operator of Mendota Plaza _
• Subway at Mendota Plaza
• The Southwest Review
• NDC4 Cable
• First Impression
• Participating Garbage Haulers
• Dakota County Environmental Management
�
Staffwould also like to thank the following City Staffwho volunteered their free time on
Saturday to help our residents:
• Guy Kullander
• Larry Shaughnessy .
• Chris Esser
• Shawn Sanders
• Marc Mogan r
• Nancy Bauer
• Patrick Hollister
Thanks also goes to Ma.yor Mertensotto, who spen't several hours helping residents
properly dispose of their contributions.
Most of all Staff would like to thank the residents of Mendota Heights, whose enthusiastic
response to this event has established the Annual Spring Clean Up as a City tradition.
Council Action Required
This is an information item only.
�
�
r �
�_
Sprirsg Clean-Up Summary Sheet
Expenses
Pubticfty
First Impression
eulk-Mail Pastage
Satai Pabllclty Eacpenses
Non-Publioiry
Eagan Sanftetion
Aagattt
Mendota Neights Rubbish Servk:e
M'�n�ay Electronics
Scrapbustets
BFI Tire Recyciers
JR's Appiiance Disposal
(tndividual residerds paki far pick-up.)
Staif Time
Totai Non-Pubifcfty Facpenses
Total Enpenses
Non-Publicily Revenues
Resident Fees
Dakota County Grant
Salary tor Hollister's paid time
Satai Noo-Pubticify Revenues
Batance
Publicity Revenues
Dakota Gounty GranY
� Balance
Materiai Quantity Cast
Brochures 4900 brochures $ 1,162.98
$ 594.85
i 1,753.83
Fumfture, Mattresses, Misc. .k�nk 7.18 tons S 359.QQ
Misc. Junk 2.43fans � 12I.5p
C3emotit€an Materiai 1 30-yard dumpster $ 416.00
1 20-yard dumpster
Ns, VCRs, Computers iT partable Ns S 198.00
7 console Ns
9 ather appliances
Scrap Metai, Auto 8atteries 8,200 tbs of inetai $ 3Q0.00
1,500 Ibs oP 6atteries
71res AB car tires $ 206.60
17 car rims
4 semi tires
4 semi rims
Appliances 27 appliances $ -
(3,870 Ibs)
Hours F{ollister (Paid) 2Q Hours $ 220.00
HWlister {Vatnnteerj 8 Hatts $ -
KuSiancter {Paid} 12.5 Fiours $ 423.25
KuUander {Vau�rteer> z t�oius $ -
Shaughnessy {Votunteer) 3 Hours � -
Esser (Volunteer) 7 Haurs $ -
Sa�ders Notu�eer) 4 Fiours $ -
Mogan (Voiu�teer) 6 h{ours $ -
Bauer (Vatunteer) 7 Haurs $ -
' Mayor (Volunteer) 3 Hours $ -
S 2,246.35
S 4,000.18
Carloads of Junk 20Q Cars S 757.fl0
Communiky Clean-Up $ 1,30t}.flQ
$ 22{}.d0
S 2,277.Od
S 30.65
Printing, Postage. Publicafions $ 2.544.�0
S ld&.17
:�
CITY OF MENDOTA HEIGHTS
MEMO
�� June 12, 1996
TO: .Mayor, City Council, City Admini ato
FROM: Kathleen M. Swanson
City Clerl� _
SUBJECT: Elected Official Compensation
INFORMATION
We are in the beginning stages of preparing the proposed budget for 1997. One issue
which should be addressed prior to budget preparation is compensation for the Mayor and City
Council members.
DISCUSSION
There has been no increase in compensation since 1'986, and the level of compensation is
well below that of all of the other lazge Dakota County communities. Over the past ten years, the
city has experienced significant growth in development and population. The volume and
intensity of issues facing the City Council have grown substantially as well, as has the demand
on Council's time. While staff has suggested Council salary increases during past budget
discussions, Council has not accepted the recommendations. It is certainly appropriate that
consideration be given to increasing Council salaries for 1997. If action is not taken prior to the
November election, there cannot be an increase until 1999.
I have requested and received a copy of the Association of Metropolitan Municipalities
elected official salary survey. From that survey, I have prepared the atta.ched spreadsheet listing
the 1996 Mayor/Council salaries for Dakota County communities. The Mendota. Heights
compensation levels of $3,600 for the Mayor and $2,400 for Council members are considerably
lower than those of the Dakota County communities surveyed. I have also attached a page from
the AMM survey listing cities in the population category from 10,000 to 20,000. Of the twenty-
one cities, the Mendota. Heights compensation is the lowest -$600 per year lower than the lowest
compensation level in the category.
In my opinion, increases in compensation aze needed and justifiable. Council may wish
to consider a modest increase for 1997 and then evaluate the compensation levels on a regular
basis in the future. A 25% increase, which amounts to less than 3% per year, would bring the
compensation levels closer to those in the survey.
Elected official salary increases cannot become effective until January 1, 1997.
Adoption of an ordinance amendment must occur in 1996 prior to the November election.
�
RECOMMENDATION
�
I recommend that Council adopt the attached "Ordinance Amending Ordinance No. 223
in its Entirety and Establishing Salaries for the Mayor and City Council," with an effective date
of January 1, 1997, to increase compensation for the Mayor to $4,500 per year and for the City
Council to $3,000 annually.
ACTION REOUIRED
Council should discuss the recommendation for compensation incieases and, if it concurs
in the recommendation, adopt the attached proposed "Ordinance Amending Ordinance No. 223
in its Entirety and Establishing Salaries for the Mayor and City Council," to establish the
recommended compensation levels of $4,500 and $3,000.
�
i y
�
CITY OF MENDOTA HIIGHTS
DAKQTA COUNTY, MINNEStJTA
_ !'ii � ' • 1' Mf i'�i � • , 1 • �••
M • : 11 ' • " 1' •' I' •' � • I
The City Council of the City of Mendota I�ieights does or�iain as follows:
Sec�ian 1. Effective as of January l, 1991, the s��laries of ihe Mayor and
Councilmembers of the City of Mendata Heights shall be as follows: '
Mayor -
$375.00 per month
CounciUnembers - $25Q.00 per manth
Section 2. This Ordinance shall be in full force and effect from and after its passage
and publication.
Adopted by the City Council of the City of Mendata heights this 18th day of June, 1996.
ATTPST:
Kathteen M. Swanson
City Glerk
0
CITY COUNCIZ.
CITY OF MENDOTA HEIGHTS
c
Chazles E. Mertensotto
Mayor
�
�lUNICIPALITY
Andover
Anoka
Champlin
Chanhassen
Chaska
Calumbia Heights
Hastings
Hopkins
Lino Lakes
Mendota Heights
Mounds View
North St. Paui
Prior Lake
Ramsey
- Rabbinsdale
Rasemaunt
Savage
Shakapee
Stillwater �•
Vadnais Heights
V11est st. Pau!
CITIES WITH P4PULATION FROM 10.000 TO 20,QQ0
POPUI.ATION REG. SPECIAL ANNUAL MAYOR SALARY
1995 EST{MATE PER MTG.1 �
M�TRO COUNGIL MONTH MTG. ,� � � �
19,465 2 . 0 4,200 4,200 4,200
15,5Q9 2 20 4,240 4,200 4,200
19,Q30 2 * 5,345 4,976 4,976
14,316 2+ 0 6,000 6,000 3,600
f 'i3,721 3-Feb 0 4,500 4,500 3,600
18,$82 2+ 4 9,404 _.9,Q40 9;OOQ
16,200 2 0 4,800 400 4,800
16,536 2+ * 5,200 5,200 5,200
12,266 2 `��� �mo� �° 4,500 4,500 4,500
10,636 2+ * 3,600 3,600 *
1�,552 2+1 0 5,100 * 5,100
92,809 2 * 4,200 4,200 5,444
12,559 2 '" 4,200 4,200 4,200
14,907 2 * 6,000 6,000 6,000
'14,255 2 0 7,590 7,590 6,600
.. ��,oss 2 2o Zsro�t o� �,�oa a,zoa *
town
13,703 2 * 5,100 5,100 5,100
13,Q41 � 2 '' 6, 920 6,124 6,12Q
15,350 2 * � 7,200 ?,200 7,200
1'1,968 2+fi 0 4,800 4,800 3,600
19,332 2 0 4,620 4,620 4,200
4
���
ANNUAL COUNGIL SALARY
1996
8,6t}0
3,574
4,297
4,80q
3,600
7,840
3,600
4,000
3,600
2,4Q4
4,500
3,040
3,000
4,500
6,472
s,soo`
4,200
5,100
6,000
3,60q
3,960
��
3,600
3,570
3,971
4,800
3,600
7,800
300
4,OOQ
3,60Q
z,aoa
*
3,QQp
3,OOQ
4,500
6,072
3,600
4,200
5,100
6,000
3,600
3,960
��
3,600
3,570
3,971
2,400
3, 000
7,800
3,600
4,000
3,600
*
4,500
4,200
3,000
4,500
5,280
*
4,200
5,100
6,000
z,�oa
3,600
�
MUIVICIPALITY
; Hastings
i
f Mendota Heights
I
i Rosemount
I
West St Paul
�
� Apple Valley
�
I �gan
i
� Inver Grove Heights
I
! Lakeville
South St Paul
MAYOR'S SALARY
4, 800
3,600
4,200
4,620
8,400
9,000
7,500
9,180
8,40U
�
COUNCII.SALARY
3,6U0
2,400
3,600
3,960
6,000
6,480
6,000
7,956
5,400
��
Mendota Heights Police Department
MEMORANDUM
June S, 1996
TO: Mayor � r
City Council
City Administrato�
FROM: Dennis Delmont `� � �
Chief of Police '�
Subject: Mobile radio purchase
Introduction
The police department requests authoriry to purchase two Motorola mobile radios for
installation in our primary marked squad cars. '
Hl� StON
Eacisting radio equipment that was purchased when we remodeled our communications
system has reached the end of its effective life. Maintenance costs are very high and
breakdowns are more and more frequent. We have recently replaced our portable radio
packsets and now need to do the same with our mobiles. These are priority items as that
radio serves at the lifeline for our officers in the field.
Discussion �
A committee of officers was assigned the task of researching available equipment and came
back with the recommendation that we purchase the Motorola Spectra A-5. The officers
suggested that this radio is the best fit for compatibility, cosdquality ratio and ease of
installation. These radios are available under the State contract from Beaz Communications
for approximately $2,013 each, including installation. There is sufficient money budgeted
for this purchase.
Recommendation
That the police depaztment he authorized to purchase two Motorola Spectra A-5 mobile
radios from Bear Communications under the Minnesota State Purchasing contract at a total
cost of $4,026.49.
\
Mendota Heights Police Department
MEMORANDUM
June 10, 1996
TO: Mayor
' Ciry Council
City Administrat
,
FROM: Chief Dennis Delmon
Subject: Hiring of Probationary Police Officers
The police department submits the following three persons to the City Council for
appoiniment as probationary police officers as authorized in previous council action:
�
Michael L. Thompson �'� ;
.�
Michael is 30 years old and is presently employed as a Benton County Sheriff's Deputy.
He is a graduate of St. Cloud State Universiry and he and his wife, Nancy live in Sauk
Rapids, Minnesota. '�.: �
John A. Larrive ~
John is 27 yeazs old, lives in St. Paul and is presently employed as an Anoka County
Sheriff's Depury. John graduated from Inver Hills Communiry College and served his
internship here with the Mendota Heights Police Department. He also worked for a short
period of time, before becoming a deputy, as a Community Service Officer in West St.
Paul.
Robert M. Lambert �Bobbv"
Bobby is 24 years old and a graduate of St. Thomas Academy in Mendota Heights. He
lives in St. Paul and got his higher education at Creighton Universiry and Mankato Sta.te
Universiry in Minnesota.
These candidates have successfully made their way through our selection process which
began in March and involved a great number of department members. They have been
selected as the top three candidates from the initial list of over 2(}0 applicants. In spite of
our dire need, the selection process was comprehensive and detailed. We would now like
to see our work product in uniform as soon as possible.
�
Recommendation
That Council authorize the hiring of Michael Thompson, John Larrive, and Robert Lambert
as probationary Mendota Heights Police Officers as soon as possible. Each probationary
officer must successfully complete a field training and probation period of one year before
being considered for permanent appointment. These o�cers would receive the starting
level of salary and benefits as indicated in the current labor agreement.
CITY OF MENDOTA HEIGHTS
��
June 11, 1996
TO: Mayor, City Counci[ and City A ' rstrator
���
FROM: Guy Kullander, Parks Project Manager ,��"��
SUBJECT: '199fi Boulevard Tree Planting Program
r � i
The City's Boulevard Tree Ptanting Pragram, which began in 1988, has
subsidized the planting of approximately 900 trees (104 per year} throughout the
City. Each year the Councii has budge#ed $10,040 for this program with an
additional �5,OClQ (S50 per #ree} coming from the homeowner requesting the tree.
M • M,1
The overhead consisting of staff fiime and expenses charged to this project
has been S 1,5C?0 to 52,004 per year. This amount has come from the � 15,000
annual project budget. The cost per tree has, until this year, been S 135 or less
per tree, so that when 1 C}Q trees were planted approximately � 1, 50Q was left in
the budget to cover overhead costs.
The lowest bid submitted this year is approximately $150 per tree installed.
To insure fihat sufficient funds are availabte for anticipated overhead costs the totat
number of trees to be planted under this program will need to be lowered to 85 or
94. R�sidents will be infarmed of this program through the Highlites and press
releases in local newspapers. To date nineteen residents have requested firees in
1996.
i 1 � " � i
Bid packages were senfi to ten iandscape firms. Three submitted bids
including Blaeser Landscaping who had been the successful low bidder three out
af the pasfi four years. Bidders were asked ta bid on a total tree count of 115 .. �-
trees. Often during the year, trees are required or� small projects, such as a
replacement for a tree removed when a watermain break is repaired, or to replace
�
trees that may have died at City Hall or in a park. The contractor is only paid for
the number of trees installed and this number can be raised or lowered by the City
to meet our current needs.
The following firms submitted bids:
Greenworks, Inc. $17,000
Blaeser Landscape Design 518,406 '
Southview Design and Construction, Inc. 533,050
: �►i►i � �= •►
I recommend that the City Council accept the bids submitted and award the
1996 Boulevard Tree Planting contract to Greenworks, Inc. If 85 trees are planted
under this program the total cost will be S 12,750 for trees S 1,500 for overhead or
514,250. (�10,000 City, 54,250 homeowners, (85 x 550) assumes $1,500
overhead costs). The total revenue will be 510,000 budgeted plus 54,250
homeowners contribution = 514,250. ,
` � l : • : �
If Council so desires to implement the recommendation they should award
the 1996 Boulevard Tree planting bid to Greenworks, Inc.
CITY OF MENDOTA HEIGHTS
�� �
�—
�
TO: Mayor, City Council and City Ad ' strator
FROM: James E. Dani s
Public Works D' r
SUBJECT: GIS Compatible Computer Purchase
DISCUSSION•
0
7une 12, 1996
Tlus year a total of $11,000 was budgeted in Planning, Utility Enterprise and the
Engineering funds to be able participate with Dakota County and the other cities within the
County to implement GIS. Council recently authorized payment of $5,0(}0 (NSP grant money)
to Dakota County to fulfill Mendota �Ieights' funding obligation to participate as part of the
county-wide GIS progr�un. The County's GIS consultant is currently completing the
information-gathering and digitizing required of Mendota Heights' land use information in
order to produce zoning and comprehensive plaa maps that are compatible with the County's
overall GIS program.
Engineering's computer is currently very out-dated and needs replacement. We have
been budgeting to replace it for the last several years, but have always delayed buying one,
waiting to buy a computer system that would both serve Engineering needs and be compatible
with GIS once it is approved. We are now at that point.
The recommended computer hardware and software needed to operate GIS at Mendota
�ieights is as follows:
ARCVIEW Software
Pentium Computer with 32MB Ram
Additional2MB on video driver (Optional)
Printer (11" X 17" color printing capability)
Monitor (17" screen)
TOTAL E51'IlVIATED COST•
Estimated Cost
$7,700.00 plus tax _ _.
�
RECOMMENDATION•
I recommend that Council authorize quotes to be taken to acquire a new computer
station for the Engineering Department that will also be compatible with GIS. �
ACTION REOUIItED•
If Council desires to implement the recommendation, they shoul8 pass a motion
authorizing that bids be solicited for the above-described computer station, and that the quotes,
when they are received, be brought back to Council for consideration of an award.
��
� '�
`
CITY OF MENDOTA HEIGHTS
MEMO
June 10, 1996
TO: Mayor, City Council and Interim Ci Administrator
FROM: Patrick C. Hollister, Administrative� rn ~
SUBJECT: Parking Restrictions on South Plaza Drive
Discussion
The Bright-Start Day Care center uses its parking lot as a drop off axea which reduces the
number of parking spaces and causes an increased amount of on-street parking on South
Plaza Drive. The Police Chief has received complaints that this on-street parking is
causing a safety concern. He has investigated and agrees that there is a concern. This on-
street parking also causes difficulties for plowing and sanding the street in the winter.
The City Council, on June 4, 1996, decided to continue discussion of this issue to the June
28, 1996 meeting in order to allow Stafftime to discuss this matter with the Bright Start
day care Center. Staffhas since visited both the day care center and the insurance building
and has devised a possible solution that would satisfy both parties.
Staff recommends prohibiting parking on the south side of South Plaza Drive from Dodd
Road to the entrance to the dentist's office, and prohibiting park;ing on the north side for
100 feet east of Dodd Road. (Please see attached map.) This would a11ow buses to stop
within the "no parking" zone to drop off and pick up children on the south side of the
street, which is the day care center's main concern.
Council Action Required:
If the Council wishes to implement Staff's recommendation, they should pass a motion
adopting Ordinance No. , AN ORDINANCE PROffiBITING PARHING ON THE
NORTH SIDE OF SOUTH PLAZA DRIV�, BEGINNING AT DODD ROAD AND _
EXTENDING 100 FEET EAST, AND PROHIBITING PARHING ON THE
SOUTH SIDE OF SOUTH PLAZA DRIV�, BEGINNING AT DODD ROAD AND
EXTENDING 200 FEET EAST. This ordinance will be put into effect once it is
published in the City's official newspaper.
�.�
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE PROHIBITING PARKING
ON THE NORTH SIDE OF SOUTH PLAZA DRIVE,
BEGINNIN� AT DODD ROAD AND EXTENDING 100 FE�T EAST, AND
PROHIBITING PARKING ON THE SOUTH SIDE OF SOUTH PLAZA DRIVE,
BEGINNING AT DODD ROAD AND EXTENDING 200 FEET EAST.
SECTION 1. No person shall paxk or leave standing any motor vehicle on the north side
of South Plaza Drive, beginning at Dodd road and extending 100 feet east,
nor on the south side of South Plaza Drive, beginning at Dodd Road and
extending 200 feet east.
SECTION 2. DEFINITIONS
2.1
2.2
"Motor vehicle" shall be deemed to mean any self-propelled vehicle.
"Person" sha11 be deemed to mean and include individuals, partnerships,
associations or corporations.
SECTION 3. Any paxson failing to comply with the provisions of this ordinance shall be
guilty of a misdemeanor. -
SECTION 4. This ordinance sha11 be in full force and effect from after publication
according to law.
Enacted and ordained into an ordinance this 18th day of June, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
��
W
�
a
a
0
U
w
a
0
c�
�
�
�
a
U
�
�
H
�
a
0
U
�
H
0
�
�
A
z
w
�
dl � +
�' �
� � ��
�'' UNDEtIELOPED LAND f MENDOTA PLAZA
3
x �H
�
A �i g��'S G� .
a I ��'� 4
R�i �j .
q � � PROPERTY LINE
A �.\ � CURB LINE
�~- - 1 44' NO PARKING ,� — — —' � � T —" — — —"
,f
200' NO PARKING S4UTH PLAZA DRIVE
�
�,,,_ ,.�.. � ,,� �. .� .�. .._ _...._ .�. ...... ., (,• _.__ � ,._._ .� .._ ._.._ _,.�
� � � I i
� � _ ,, ,� � ..�..-�.-�-.�- r_� ~ i
"e` I
� . � I �4�' 1 I
i � � �y�� ! i
!
� I � ` - -s- _
# � 1 � ._ ,._. _ _ _ � _;
I
i I
I � � 4�'' 'p�C"�`���� -
� � G�'
� � �_ � 4�`�
�
r
Y�
YY � � ►�1 ►II � : :I :
►�t�lu � : : ►II 1►�
TO: Mayor, City Council, and City Adminis�;�si
FROM: Chris Esser, Recreation Programmer (�
RE: Refund Recommendation For 1995 Softball Leagues '
DATE: 7une 13, 1996
Adult softball team managers from the 1995 season have registered complaints about the lack
of umpires during the 1995 season. The former Recreation Programmer contracted with
Metro Umpires Association for the 1995 season. Allegedly, Metro Umpires did not show up
to officiate "about half' of all league games scheduled last year.
The issue was brought to the Park Commission. Per their request, I researched the
expenditures and revenues from last year and formulated a fair and equitable reimbursement.
See attached memo for details.
��T- � u I► � I .I 1 : Y � .I
The Parks and Recreation Commission unanimously recommended the granting of $2,431.OU
in reimbursements to last year's adult softball teams. For a specific breakdown, see attached
memo. t
�K� 1► I: Y �► :.1 I i: 1
If the Council wishes to follow the recommendation of the Parks and Recreation Commission,
it should pass a motion approving payment of the $2,431 reimbursement to last years teams.
The reimbursement will be charged to this year's recreation budget, due to closure of last
years books.
�
�..
�w► � ►���.i� � : :i :rti
►�i�►� � : : .i� �►,
Parks and Recreation Commissioners
Chris Esser, Recreation T�'r�gramine�
Fair and Equitable Umpire Reimbuisement For 1995 Softball Teams
JllII� �� �.��
Per yaur request, I have formul�ted a fair and equitable reimbursement amount for the umpire
defii�ciency of the 1995 adutt sofl�ali sea.son. The majority af t�eams fram all leagues Iast year
alaim tita� "about hatf" of their Ieague games were not officiated by Metro Umpire Association
or officiated at al�. Using balf af the Ieague game iotai, I came up with a fair reimbatsement.
*Hach umpire was paid $17.00/game. Each team, therefore, paid �$.5Q/game for the umpire.
Men's C and D I.eague =
Women's D League
Co-R�ec League
Men's 4ver 30 League =
14 Tota1 Games x 50 °b = 7 Games Unoffxciated
7 G�unes x$$.5�/teamlwmpirelgame =$59.50 per team.
18 Total Games x SQ 9b = 9 Games Unofficiated
9 Games x$8.SUlteamlumpire/game =;�$76.5Q per team.
28 Tea�ms x$59.50 =$1,666.40 Total Reimbursemeui far lYien's C and D, Women's D,
and Co-Rec Leagues.
lU Teams x$76.SU per team =$765.00 Total Reimburs+ement for Men's Uver 30 League.
$1,66b.00 +$�'bS,OQ =$2,431.00 Totai Reimbnrsement for all 1995 Softball Teams.
This would changa the 1995 Softball League Net Tota1. fmm $5,464.'72 to $3,033.'72 (see
attached}.
Y i ► : .i 11, �li
Review fair and equitable softball r�imbursement total and, if satisfactory, make a
recommendation to City Cauncil for reunbursement to 1995 adalt soitball teams.
�
�
;
't 995 .
League Non-Resident Fees
Men's C Saftbafl $ 720.00 $
Men"s Over 30 Softbail $ • $
Men's D Softball $ 180.00 �
Women's D Softball $ 400.00 $
Co-Rea Softbali ' $ 390.00 $
Tatais � 1,700.Q0 S
't 994
League Non-Restdent Fees
Women's D Softbail $ 200A0 $
Men's D Softbaii � 345.QQ $
Men's t3ver 30 Softball � - $
Men's G Sofiball � 460.00 $
Totais � 1,005.00 S
'1893
League .Non-Residen# Fees
Women's C Sofkbali $ 30.Q0 $
; Men's D Saftbaii $ 210.OQ $
Men's �ver 30 Softball $ - $
Meq's C Soitbail $ 750.00 $
Tatals 1; S 990.00 �
i
a
,
Revenue Expenditures Net
3�920.00 $ 2�427.94 $ 1,49Z.06
3,100,00 $ 2,888.80 $ • 21'l.40
3,390.00 $ 2,427.94 $ 982.06
2,800.Q0 $ 1,411.84 $ 1,388.16
2,780.00 $ 1 �378.96 $ 1,4Z 1.04
16�000.00 � 10,SSS.28 � 5,d64.72
.
R�venue Expenditures Net
1�80Q.Q0 $ 1,238.Q4 $ 56i.98
3�545A0 $ 2,078.44 $ 1,468.56
3�10QA0 $ 2,964.79 $ 135.21
3,660.Q0 $ 2,33$:44 $ 1,321.56
12,105.00 S 8,615.71 :F 3,485.29
Revenue E�cpendIiures Net
1 �63Q.00 $ 1,008.44 $ 621.56
3,41Q.00 $ 2,202.54 $ 1,207.46
2,000,00 $ 2,244.55 $ (244.55)
3�950.00 $ 1,858.84 $ 2,09i.18
1 Q,990.00 S 7,314.37 y 8,675.63
0
(
/ �� 1 � � 'N `
�,� 1 �I�/ 1
. �
June I3, 1996 .
TO: Mayor, City Council and City �� strator Y
FROM: Larry E. Shaughnessy U,�'�
SUB7ECT: Tuthill T.I.F. Agreement
�.��i�+� � �#
,
At our Caunci� meeting of February 6, appmval was given for the subdivision of the
Tuthill property on Highwaq SS atong with the building permit for their building, and a
tentative Tax Increment use through a pay as you ga note in the amaunt of $185,Q{}O.OQ. Staff
was directed to complete the usual developers agre�ment. y
The propased agreement as diafted bq Tom Hart and approved by the Tuthill attorney's
and is attached and ready for adoption tanight.
s. � � � i . i* ��i V}�
Authorize execution of the cantract far Private Developmer�t 6etween the City and
Tuthill Corporation.
_. _ -�, .. c
�
Ayes: 4
Nays: 0
Page No. 5
February 6, 1996
Public Works Director Danielson explained that NSP installs the
lights higher, on a normal 25 foot utility pole and that NSP cannot
match the existing church light. He explained that it is,a private
light and matching lights would have to be purchased independently
and installed by a contractor.
Mayor Mertensotto suggested that the he�ht of the light be
restricted to no more than 18 feet.
Councilmember Smith moved to approve the request by Royal
Redeemer Lutheran Church to install four lights in its parking lot at
a pole height not to exceed 18 feet with the understanding that the
land owner will cooperate with correcting and shielding the lights if �
there aze any off-site problems, and that the period of use be limited
to what is necessary to function properly for the church - that the
lights be on a timer and not used after midnight.
Councilmember Krebsbach seconded the motion.
Public Works Director Danielson informed Council that the NSP
lights are on photocell to go on at dark and off at light, and that NSP
does not do them on a timer. He stated that he will contact NSP to
see what can be done.
CASE NO. 96-02, TUTHILL Council aclaiowledged an application from the National Rod End
Division of the Tuthill Corporation for subdivision and tax
increment fmancing assistance. Couiicil also acknowledged reports
from the Public Works Director, City Planner and City Treasurer
along with letters from Tuthill. Mr. Vince Jiovanazzo, President of
National Rod End, was present for the discussion. -
— - -� . �
Mayor Mertensotto stated that Mr. Jiovanazzo had come before
Council on the TIF request at a prior meeting and at that time one of
the questions was the subdivision. He stated that the parcel would
be reduced from seven acres to five acres, and he understands that _
Mn/DOT will retain the subdivided two acre ponding azea and "
maintain it. He stated that Cou.ncil had also raised some questions
with respect to building design. He further stated that Council was
concerned about the exterior because of the possible future
expansion.
Mr. Jiovanazzo responded that there have been some significant
changes made to the design of the building exterior, and that t�ie-
fuhue expansion will retain the same exterior and complement the
original building design. .
Page No. 6
February 6, 1996
Project Architect Mark Steingas reviewed two renderings of the
proposed building. He stated that he has updated that pre-cast and
spent much time revising the office aspect including c$anging the
canopy design, He stated that the buiiding shouid be quite a bit
more dramatic than the ariginal proposal, increasing the glass area
and using custom calors on the meta.l. He stated that the
landscaping has been considerably enhan�ed as wel1. He informed
Cauncil that the total project cost is $1.1 million.
Councilmember Smith cammented that the drawings emphasize the
of�'ice area, and her concern is the total impact of the entire building.
She stated that while the elevatians which were presented give same
idea, ihey do nat show the full scope of the impact. With zespect to
the future addition, she stated that she noticed that it looks like it
will be Iazger than the originai buiiding.
Mr. Jiavanazzo responded thai ihose are the parameters thai ar� buiit
in, but he does not know if it will take the shape shown on the site
plan or if it will take a 20 faot jog or a 50 foot jog. He stated that
ths roadway an that side of the buildang would have ta be realigned
for an addition,
Mr. Steingas stated that #he buiiding has been pushed back abaut 60
feet from T.H. 55 and the grass area has been increased. He stated
that his thought is to angle the building away from the highway and
mave it farther back.
.�
Mr. Jiovanazza stated that what he asked the architect to show was
what the total coverage could be, and Tuthiil has made na
commitment on the future size or shape of an addition. -
Mayor Mertensotto expressed cancern that Tuthill ��come back
far the addition and say that the plans presented this evening showed
a design and it could be implied that Council bought into that
design. He stated that the city should not be tied into any fu.iure
expansion design and it should be marked on the site plan that the =
addition is for illusbrative purposes only.
Councilmember Smith asked what the front dimension of the
building which is cunently proposed and what the potential expanse
of the total front of the building would be. She stated that she
believes it is about 21 Q feet in the pre-cast existing bnilding proposal
and the additian could be another 300 feet.
!
Page No. 7
February 6, 1996
Mr. Jiovanazzo responded that he doubts Tuthill would do
something that would bring the future building addition out as far as
shown on the plan because of parking. ,
Mr. Steingas stated that what has been done on the site plan is just to
extend the lines out to show the corporate office that there is
expansion potential. He stated that it would be foolish for them to
have a S00 foot expanse, and all that was done was to show on the
plan that there is room to expand.
Councilmember Smith stated that she could not approve anything
that includes the future addition as shown on the drawing, even if it ,
is only for illustrative purposes, because it could possibly some day �
be construed that Council made a commitment.
Councilmember Krebsbach asked how important it is for the
corpora.te people that the dotted lines for an addition be shown on
the drawings. , �
Mr. Jiovanazzo responded that it is not necessary, but it was
important that National Rod End be able to show the corporate
offices that there is expansion capability. He stated that the dotted
line can be taken off.
Mr. Steingas described the proposed building exterior and stated that
ground lighting will be insta.11ed to light the building at night.
.�
Mayor Mertensotto asked what the height of the trees in the
landscaping plan will be.
Mr. Steingas responded that Tuthill has already add�ney to the
program to get at least 12 foot spruce trees.
Councilmember Krebsbach asked if there is any chance the Tuthill
could do some plantings near George's Golf Range.
Mr. Jiovanazzo responded that he believes there is already a natural
buffer around the site. Mr. Steingas sta.ted that the last one-half to
two-thirds of it is open and he could add some trees along the site.
Mr. Jiovanazzo stated that he would add landscaping along the golf
course.
Mayor Mertensotto asked how much TIF is being request�"d:"
Mr. Jiovanazzo responded that he is requesting $190,000 in tax
increment assistance. -
5
Page No. 8
February 6, 1996
Treasurer Shaughnessy stated that he believes there were $1$S,OOQ
in allowable expenses. ,
Responding to a question fram Mayor Mertensotto, Mr. Jiovanazzo
stated that he is awaze that the TIF will cease if there is a transfer in
oumership. �
City Attomey Hart stated that if the ti�ansfer is to a wholly owned
subsidiary or pazent, there is na problem, but a transfer to an
unrelated party is abjectionable and would not be ailowed.
Councilmember Smith asked if the cash flow informaiion has been �
re-done, as the last run had a cauple of things that needed conection.
Mr. Jiovanazzo responded that he believes that last one was to the
year 2000 instead of the year 2006.
Treasurer Shaughnessy stated that the land value may not be the
same because the two acres will<be subdivided, but land value is nat
included in the increments,
Councilmembez Smith stated that the office area is much more
interesting than the ariginal design. � She stated that her concern is
that the addition not have ihe expanse, and she hoped there wili be
something done to break up that expanse if an addition is done.
�
1
Mr. Jiovanazza responded� that he agrees. He sta.ted that he does not
want the affice partian #a loak Iike a warehause, so the office has
been wrapped around to enhance the looks af the building.
�:�
Mayor Mertensotto asked if the property is subject to the noise
attenuation ordinance.
Interim Administraiar Batcheider responded that it is, that the office +
area is cavered by the ordinance at a certa.in level of decibel -
attenuatian, but the warehause area is not required to be reduced ta
as low a decibel leveL
Mayor Mertensotta stated that Tuthill needs subdivision approval,
approval an a TIF contnbution af $185,000 subject to the city's
usual develaper's agreement, and building permit approval.
Councilmember Smith stated that ane of her concerns 6e�ore ^-
approval of the subdivision is how the ponding area will be
mainta.ined. She siated that she beiieves she read that it is the intent
Ayes: 4
Nays: 0
Page No. 9
February 6, 1996
of Mn/DOT to maintain it and they anticipate this will involve
cutting the vegetation once every ten yeaxs. She asked if Tuthill is
just buying the five acres or the fu117 acre site. ,
Mr. Jiovanazzo stated that Tuthill bought the full parcel with the
intention of subdividing it and deeding the pond to Mn/DOT.
Public Works Director Danielson stated that Mn/DOT has seeded
the ponding area and a Mn/DOT representative will be present at the
next Council meeting to review the landscaping plan for the
Mendota Interchange azea. He explained that the pond is part of the
project and Council can also address the ponding area during that
discussion. He stated that it is Tuthill's intent to make it a
manicured pond, but dredging the pond will be Mn/DOT's
responsibility and they would do it on an as-needed basis. He stated
that he will get clarification on Mn/DOT's intentions about pond
maintenance when he meets with them in the near future.
Mr. Jiovanazzo informed Council that if there is some obvious
debris it would be to his advantage to pick it up because the
building's office will be overlooking the pond azea. He stated that
his company will take the responsibility to contact Mn/DOT to get
the area cleaned up whenever clean up is needed.
Councilmember Smith stated that Tuthill is apparently trying to get
the properiy subdivided and give the ponding area to Mn/DOT is to
avoid liability for the pond. �
Mr. Jiovanazzo responded that he would not want it to be interpreted
that his firm is giving away the land and now accepts the liability for
maintenance. He stated that the does not believe his rpora.te
headquarters would want to commit to talcing the lia�ity for
maintenance.
Councilmember Koch moved adoption of Resolution No. 96-07,
"RESOLUTION APPROVING FINAL PLAT FOR TUTHILL -
ADDITION."
Councilmember Krebsbach seconded the motion.
Councilmember Smith asked if Mn/DOT normally posts its property
so that people do not think it is an invita.tion to enter the site. She
stated that if people do not think a property is controlled to a..�e�tain
extent they re likely to dump things on it. ^
Ayes: 4
Nays: 0
Page No. 10
February 6, 1996
Public Works Director Danielsan responded that he does not
envision that there will be a dumping problem, but if it becomes ane,
he would check into the possibility of installing no-trespassing
signs. '
It was the general cansensus to approve a$1$5,000 pay as you ga
note and to direct staff to prepare the nec�sssary paper. work.
Councilmember Krebsbach moved ta a�zthorize the issuance af a
building permit for the Tuthill Corporation, Natianal Rod End
Division, builcling on Waters Drive with the foliowing conditions:
that the applicant submit a plan for a landscape bufFer be added
along George's Driving Range and that #he dotted Iine on the site
plan indicating futwre expansion be removed, and subject ta the
plans meeting the requirements of the building code.
Cauncilmember Kach seconded the motion.
It was noted ihat once the dotted line is rernoved from the site plan,
that would eliminate any concern over potential future inference ai
expansion approval.
CASE N4. 9b-03, U.S. ViTEST Council acknowledged an applicatian fram U.S. WesilNew Vector
for conditional use permit fio locate a 100 foot high cellular
telephone monopoie antenna on the Mendata Plaza property.
Council also acknowledged receipt of information from U.S. West
and assaciated staff reports. iVir. James Littlejohn was present to
represent U.S, West.
Mr. Littlejohn stated that he has reguested that consideration on the
matter be cazried over because U.S. West�vas not abj�,tc�prepare
information necessary to respond to issues raised by the Plarufing
Commission. He stated that U.S. West would like to also evaluate
other potential sites in the next few weeks.
Mayor Mertensotto stated that he does not see why the matter cannat
be discussed tanight as well. He explained that ane of Council's
G411C8TI2S 1S �28 i161�'1� Of �18 StrqCtUTB. He stated ihat there is anly
one shopping center in the city and Cauncil is concerned about
signage in the center and the height of stnzctures. He sta.ted that the
proposed pole is much higher than the approved signs and in his
view is similar to a billboard, which are not allowed in the city. He
further stated that he thinks a 100 foot pole would be very�t�rusive
and aut of piace and that he supparts the Planning Commission's
feelings. He sta.ted that he understands that U.S. West agrees that it
would nat put anothar pole in, but that c�oes not stop campetitars
a
CONTRACT FOR
PRIVATE DEVELOPMENT
THIS AGRF.F.1vIFNT, made on or as of the day of March, 1996, by and among The
City of Mendota Heights (the "City"), a statutory city of the State of Minnesota, having its
principal offices at 1101 Victoria Curve, Mendota Heights, Minnesota, and 7�thill
Corporation, a Delaware corporation (the "Developer"), with its principal office at 920
Shawnee Road, Eagan, Minnesota 55122.
WITNESETH:
WHEREAS, the City is a statutory city of the fourth class organized and existing pursuant to
the Constitution and laws of the State of Minnesota and is governed by the City Council (the
"Council") of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Sections
469.124 through 469.134, as amended (the "Act"), the Council is authorized to establish
development districts in order to provide for the development and redevelopment of the City;
and
WHEREAS, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 (the "Tax Increment Act"), as amended, the Council is authorized to finance
the capital and administration costs of a development district with tax increment revenues derived
from a tax increment financing district established within such development district; and
WHEREAS, the Council has adopted the Development Program (the "Development Plan") on
May 5, 1981 creating Development District Number 1(the "Dev�lopment District") pursuant
to the Act; and
WHEREAS, in connection with the Development Plan the Council of the City has established
a talc increment financing district pursuant to the Tax Increment Act (the "Tax Increment
District"); and V - �� �
WHEREAS, the City helieves that the development of the Development District pursuant to this
Agreement, and fulfillment generally of the terms of this Agreement, aze in the best interests
of the City and the health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable federal, state and local laws under which the
Development Plan is being undertaken and assisted;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
��
ARTICLE I.
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from
the context:
"Act" means the Municipal Development Districts Act, Minr�esota Statutes, Sections
469.124-469.134, as amended.
"Actual � Knowledge" means, with respect to any representadon made herein, the
awareness of facts or information, or the absence of facts or information, by a natural
person, or, in the case of a legal entity, any officer of such entity. For purposes of this
Agreement, Actual Knowledge shall include any facts discoverable by any person in
the exercise of reasonable diligence.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Certificate of Completion" means the written certification by the City that the
Minimum Improvements have been completed in accordance with the terms of the
Agreement.
"City" means the City of Mendota Heights, Minnesota.
"Completion Date" means the date the Certificate of Completion is issued by the City.
"Construction Plans" means the plans, specifications, drawings and documents related
to the Development Properiy and the construction work to be performed by the
Developer on the Development Property including, but not limited to, the following:
(1) as-built survey of Development Property, (2) site plan; (3) foundatior� plan; (4)
floor plan for each floor; (5) cross sections of each (length and width); (6 elevations
(all sides); ('� facade and landscape plan; and (8) such other plans or s�l�ments to
the foregoing plans as the City may reasonably request.
"Council" means the city council of the City.
"County" means the County of Dakota, State of Minnesota.
"Developer" means Tuthill Corporation, a Delaware corporation.
"Development District" means the Development District Number 1 created by the City
pursuant to the Development Plan.
�.�
-2-
`
"Development Plan" means the Development Program for Development Disirict
Number 1 adopted by the Council on May 5, 1981, as the same may be amended.
"Development Property" means the real property legally described on . Exhi i A
attached hereto and incorporated herein.
"Event of Default" means an action or event described in 'Section 7.1 of this
Agreement., -
"Minimum Improvements" means, collectively, the Site Improvements and an
approximately 25,000 square foot office/wazehouse facility to be constructed on the
Development Property. � "
"Note" means the Limited Revenue Tax Increment Note in the original principal
amount of One Hundred Eighty-Five Thousand and 00/100 Dollars ($185,000.00) or
such lesser amount detemuned pursuant to Section 3.4 hereof, and providing for the
payment of interest as set forth therein, substantially in the form of Exhi i B attached
to and incorporated in this Agreement, and to be made by the City payable to the order
of the Developer and delivered by the City to the Developer in accordance with Section
3.2 hereof.
"Permitted �ansfer" means any conveyance or disposition of the Development
Property or an ownership interest in the Developer which is excepted from the
definition of Transfer set forth below.
"Preliminary Development Plan" shall mean, collectively, the Construction Plans and
all other writings, drawings or other artistic renderings, applications, agreements or
other documents submitted to and approved by the City in connection with this
Agreement and/or the Project.
"Project" means the acquisition of the Development Property and construction of the
Minimum Improvements thereon. •
-- - � : :
"Purchase Agreement" means a written agreement between the Developer and the
current owner of the Development Property which provides for the purchase and
acquisition of the Development Properiy by the Developer.
"Site Improvements" means, collectively, all those certain improvements to the
Development Property described on Exhi i attached hereto and incorporated herein.
"State" means the State of Minnesota.
A�
-3-
"Tax Increment" means that portion of the real estate taxes paid with respect to the
Development Property which is remitted to the City as tax increment pursuant to the
Tax Increment Act.
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174-469.179, as amended.
"Tax IncrEment District" means the Tax Increment Finanging District Number 1
created and amended by the City pursuant to the Tax Increment Plan adopted in
connection with the Development Plan.
"Tax Increment Plan" means the Tax Increment Financing Plan adopted by the City
on May 5, 1981, in connection with the creation of the Tax Increment District.
"Tax Official" means any City or county assessor; County auditor; City, County or
State board of equalization, the commissioner of revenue of the State, or any State or
federal district court, the tax court of the State, or the State Supreme Court.
"Transfer" means the sale, assignment, conveyance, lease, transfer, foreclosure, or
other disposition of (i) the Development Property or any interest therein, (u) the
Minimum Improvements, or any porkion thereof or (iu) the sale, exchange or transfer
of greater than a fifty percent (509b) interest in the ownership, profits, or capital of the
Developer, determined with reference to all such exchanges occurring after the date
hereof, provided, however, that any determination under clauses (i), (u) or (ui) above
shall not include (A) any transfer or disposition to a corporation, partnership, limited
liability company or trust more than 50% of the beneficial interest of which is owned
or controlled by the Developer, or (B) any transfer to a natural person who is an owner
of the Developer as of the date hereof or such 'person's spouse, children,
grandchildren, grandparents, or parents, or an entity more than fifty percent (50 %) of
the beneficial interest of which is owned by one or more such persons.
"Unavoidable Delays" means delays which are the d'uect result of strikes, shortages
of materials, war or civil commotion, delays which aze the du� � iesult of
unforeseeable and unavoidable casualties to the Minimum Improvements, the
Development Property or the equipment used to construct the Minimum Improvements,
delays which aze the direct result of governmental action or inaction beyond the control
of Developer, delays which are the direct result of judicial action commenced by third
parties, citizen opposition or action affecting the Project or adverse weather conditions,
or to any other cause or action beyond the reasonable control of the party seeking to
be excused as a result of its occunence.
��
-4-
ARTICLE II.
Representations and Warranties
Section 2.1. Representations �,v the City. The City makes the following representations as
the basis for the undertaldng on its part herein contained:
a. Status of Citx. The City is a statutory city of the State with all the powers of
a statutory city of the fourth class duly organized and existing under the laws of the
State. Under the provisions of the Act and any other applicable laws, the City has the
power to enter into this Agreement and carry out its obligations hereunder.
b. Compliance with Laws. The City has created, adopted and approved the
Development District and Tax Increment District in accordance with the respective
terms of the Act and the Tax Increment Act.
c. Issuance of Note. To finance a portion of the obligations of the City hereunder,
the City proposes to make the Note payable to the Developer in accordance wiYh the
provisions hereof and to pledge tax increment generated by the Tax Increment District
to the payment of the principal and interest on the Note according to its terms.
d. No Warranty as to Development Prop�X. The City makes no representations,
guaranty or warranty, either express or implied, as to the Development Properiy, or
any portion thereof, its condition, or its suitability for the Developer's purposes or
needs or the economic feasibility of the Project.
Section 2.2. Representations. Covenants and Warranties by the Developer. The Developer
represents and warrants that: '
a. Status. The Developer is a Delaware corporation, which is duly qualified to do
business in the State of Minnesota and which has duly authorized the execution and
implementation of this Agreement through all necessary corporate action.
� _ .� . _
b. h ri . This Agreement has been duly and validly executed and delivered by
Developer and constitutes the valid and binding obligation of Developer according to
its terms, enforceable against Developer except as the enforcement thereof may be
limited by bankruptcy and other laws of general application relating to creditors' rights
or general principles of equity. The execution of this Agreement by Developer has been
duly authorized by the appropriate officers of Developer, and no further action is
required for the performance by Developer of its obligations hereunder.
c. Consents. Except as disclosed in this Agreement, no consent, approval, order,
authorization, registration, declaration, filing, waiver or notice to any government
�
-5-
entity or third party is required or ne�ess�a.�y to be obt�ained by Deveiaper in connection
with the execution, rlelivery and performance of this Agreement.
d. No Violation. Neither the execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby, the acquisition, conshvction
and development of the Development Property, nor the fulfillment of or compliance
with the terms and conditions of this Agreement is prevented, limited by or canflict
with or result in a breach of, the terms, conditions or provisions or any corporate
restrictian or any evidences of indebtedness, agreement or instrument af whatever
nature to which the Developer is now a pazty or by which it is bound, or constitutes
a default under any of the foregoing.
e. T'r�l . Subject to the pravisions of Sectian 6.3 (Consequences of Tr�nsfer), the
Developer is and shall be the owner of the Development Property. Except %r matters
disclosed in this Agreement, there are no pending ar threatened claims, lawsuits, or
disputes with respect to the Development Praperty or Developer's ownership thereof.
f. �+�mgli�nce with Laws. The Developer shall operate and maintain the i��"rrtimum
Improvements in all material aspects in accordance with the terms of this Agreement,
the Development Plan and all applicable Ioca1, state and federal laws and regulations
(including, but not limited to, enviranmental, zoning, building code and public health
la.ws and regu2ations). -
g, Energy Conservation. The Developer shall construct the 11�Z�nimum
Improvements in accordance with all applicabl� local, state ar federal
energy-conservation laws or regulaiions.
h. Permrts and Licenses. Subject to Unavoidable �Delays, the Developer shall
obtain, in a timely manner, all required permits, reviews, clearances, licenses and
appravals, and ��i11 meet, in a timely manner, the requirements of all applicahle lacal,
state and federal laws and regulatians which must be obtained or met .before the
R+��nimum Impravements may be lawfially constructed. •
-- - -�. �
i. Co� of Minimam Improvemgnts. The Developer covenants that the cc�st of the
Minimum Improvements to be completed on the Develapment Property sha11 be nat less
than $i,104,U(}0.00,
j. N�cessi�y of Assisiance. The Develoger acknowledges, represents and agrees
that, but for the assistance provided by the City under the Agreement, it would not be
able to undertake the Praject within the foreseeable future.
k. Z nin . The Minimum impravements, as af the date af this Agreement, are a
permitted use under the provisions of the zoning ordinance of the City applicable to the
Development Property.
1. �iazardous Waste. No asbestos, urea formaldehyde, polychlorinated biphenyls,
nuclear fuel or materials, chemical waste, radioactive materials, explosives, lrnown
carcinogens, petroleum products or other pollutants, contaminants, chemicals, materials
or substances defined as "hazardous waste," "hazardous substance," "hazardous
constituent," "solid waste," or "toxic substance" (all of the foregoing aze referred to
collectively hereinafter as "Hazardous Materials") the release or disposal of which is
regulated by any federal, state or local statute, regulation, order, treaty, code,
publication, or ordinance (or any amendment thereto) related to human health or the
environment including, without limitation, any law, regulation or ordinance concerning
the protection and preservation of natural resources, air, water, noise or soil pollution
or contamination, or Hazardous Materials use, generation, storage or disposal,
("Environmental Law") are, to the best of Developer's Actual Knowledge, located on,
in, about or under the Development Property, and, to the best of Developer's Actual
Knowledge, none of Development Property has ever been utilized for the storage,
manufacture, disposal, handling, transportation or use of any Hazardous Materials.
m. Materials Permits. All permits, licenses and similar authorizations and
approvals necessary or required under all Environmental Laws, including those for any
Hazardous Materials stored, used or manufactured within or on the Development
Property have, to the best of Developer's Actual Knowledge, been obtained, are being
complied with and are in full force and effect, and the Developer has complied with
all other reporting, filing and other requirements under the Environmental Laws.
n. No Environmental Proceeding�. There are no existing, proposed, threatened,
or pending investigations, administrative proccedings, litigation, regulatory hearings
or other actions concerning any the Development Properiy and alleging noncompliance
with or violation of any Environmental Law or relating to any required environmental
pernuts or licenses.
o. No Environmental Listin�. No porkion of the Development Property is listed
in the United States Environmental Protection Agency's National Priorities List of
Hazardous Waste Sites nor any other list, schedule, log, inventory or record of
hazardous waste sites maintained by any federal, state or locartagency:�= �
p. No Required Testing. The Developer has not received any written notification
from any city, county, state or fetieral governmental authority, agency or
instrumentality requiring any work or testing to be done on or about the Development -
Property.
q. Disclosure. No representation or warranty of Developer in this Agreement and
no statement contained in this Agreement or in any document delivered or to be
delivered pursuant hereto contains or will contain an untrue statement of material fact
or omits or will omit to state any material fact necessary to make the statements herein
or therein contained, in light of the circumstances under which made, not misleading;
-7-
it being understood that as used in this subparagraph "material" means material to any
individual statement or omission and in the aggregate as to all statements and
omissions. All reports and investigations commissioned or otherwise received by the
Developer concerning the Development Property and relating to Hazardous Materials
have been disclosed to the City. �
r. Reliance. The foregoing representations, warranties and covenants are made by
Developer with the knowledge and expectation that the City is relying thereon.
s. rviv 1. The foregoing representations, warran6es and covenants, together with
any and all other representations, wamanties and covenants contained in this
Agreement, shall survive consummation of the transactions contemplated by this
Agreement.
ARTICLE III.
�TDERTAKINGS OF CITY AND DEVELOPER
Section 3.1. Place of Document Execution. Delivery and Recording. Unless otherwise
mutually agreed by the City and the Developer, the execution and delivery of all documents and
payment of any amounts due hereunder shall be made at the offices of the City.
Section 3.2. Public Costs. The City and the Developer hereby stipulate and agree that the
assistance provided pursuant to this Agreement is intended to reimburse the Developer for the
Reimbursable Costs (or portions thereo fl listed on hi i attached hereto, and that such
assistance is in furtherance of the purposes of the Development Plan, the Act, the Tax Increment
Act, and/or necessitated by the unique characteristics of the Development Property, its proximity
to the Minneapolis/St. Paul International Airport, and/or the topbgraphy of the Development
Property site.
Section 3.3. Conditions to City's Reimbutsement Obligation. In connection with
performance by the City with respect to its other obligations pursuant to this Agreement, and
as a condition precedent any payments to the Developer under the Note, the City�ia� require
the Developer to (i) provide an opinion of counsel acceptable to the City that the financial
assistance provided hereunder is a permissible expenditure of funds pursuant to the Act and the
Tax Increment Act, and (u) pay the City's expenses of counsel in connection with the
preparation, execution, and filing of this Agreement. In addition, the City may at any time as -
a condition to performance by the City hereunder, require the Developer to submit evidence of
compliance by the Developer with the terms and conditions of this Agreement.
�.�
-8-
ARTICLE IV.
CONSTRUCTION OF A�IINIMUM IlVIPROVEMENTS
Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will
construct the Minimum Improvements on the Development Properiy in accordance with the
approved Preliminary Development Plan. �
Section 4.2. Preliminary Development Plan. Prior to commencement of construction of the
Minimum Improvements, the Developer shall submit the Preliminary Development Plan to the
City for approval. The Preliminary Development Plan shall be consistent in all respects with
any description of the Project provided to the Council by the Developer in connection with the
Developer's request for assistance provided pursuant to this Agreement. The City may reject
the Preliminary Development Plan, or request changes thereto, in its sole discretion.
a. � Apnroval of Preliminary Development Plan. The City's performance
hereunder is conditioned upon and subject in its entirety to its review and approval of
the Preliminary Development Plan, and upon compliance by the Developer with all
applicable laws and satisfaction of all City requirements (including planning and
zoning, building codes, etc.) for projects of this nature.
b. Changes in Plans. If the Developer desires to make any material change in the
Preliminary Development Plan, the Developer shall submit the proposed change�to the
City for its approval. The Developer aclrnowledges that upon entering this Agreement,
the City in no way waives its right of final approval of materials and submissions
required herein, including, but not limited to, final Construction Plans, and the City
expressly reserves its right to deny approval of any plans and permits should the
Developer fail to proceed in accordance with this Agreerrient and/or fail to perform in
total compliance with the obligations herein and the requirements of the City's Zoning
Ordinance and City's Subdivision Ordinance and other applicable City codes and
ordinances affecting the Construction Plans and/or the Development Property.
c. Effect of City �Approval. Except as specifically provide3 in wrihn`�ti}rthe City
or any department or official thereof for the specific, limited purpose of such writing,
the approval of the Preliminary Development Plan (or any amendments thereto) by the
City or the Council shall not constitute a representation or wananty that such plans,
the Minimum Improvements, or the Development Property comply with any applicable -
building code, health or safety regulation, environmental law, or other law or
regulation, or that the Minimum Improvements will meet the qualifications for issuance .
of a certificate of occupancy. Approval of the Developer's plans by the City or any
department or official thereof shall not constitute a waiver by the City of any Event of
Default occurring hereunder.
�
�
Section 4.3. Compietian of Construction. Subject to Unavoidable Delays, the Developer
shall achieve final completion of the construction of the Minimum Improvements on or before
December 31, 199b. All work with respect to the Minimum Improvements to be constructed
ar provided by the Develaper on the Development Properiy shall be done in a, good and
workmanlike manner with quaiity materials and in strict compliance with the Preliminary
Development Plan as submitted by the Developer and approved by the City. Developer hereby
grants the City reasonable access to the Develapment Praperty and the Mixumuin improvements.
The Develaper agrees for itself, its successors and assigns, and every successor in interest to the
Development Properiy, or any part thereof, that the Developer, and such successors and assigns,
shall diligentty prosecute to compietion the development of the Development Properiy through
ttie construction of the Minimum Improvements thereon, and that such construction shall in any
event be campleted within the penod specified in this section. During construction af the
Minimum Improvements, the Developer shall make reports, in such detail and at such times as
may reasonably be requested by the City, as to the actual progress of the Develaper with respect
to such constrciction.
Section 4.4. �omptetian t�f Mi�nimum Im rov m� ents.
a. �otific�tian o� Citx. The Developer will natify the City when construction of
the Minimum Improvements has been completed. The City shall have the right, but
not the obligation, to inspect the Development Properly andlox the 142inimum
Improvements upon notice of completian from the Developer. Inspection of the
Development Properiy by the City shall not canstitute a representation or warrartty by
the City that the Development Property ar the Minimum Impravements comply with
any applicable building code, heatth or safety regulativn, zoning regulation,
environmental. law, that the Minimum Improvements will qualify far a certificate of
occugancy, ar that the l�2inimum Improvemen�s will� meet the requirements of
Developer or any other user af the Minimum Improvements.
b. Notice of Def�. If the City shall find the state of the Minimum Impxovements
or Develaper's documentary evidence thereof unacceptable, the City shall, wit�iin
twenty (20) days after written request by the Develaper, provide the IR�1a'per with
a written statement, indicating in adequate deta.� in what respe�ts the Developer has
failed tn complete the Minimum Improvements in accardance with the provisions of the
Agreement, or is otherwise in default, and what measares or acts will be necessary,
in the opinion af the City, for the Developer to take ar perform in order to remedy any
such condition.
Section 4.5. Additionai Respansibiii ies of Developer.
a. Main�en�nce vf Pubiic Easements. The Developer will nat eonstruct any
building, structure, or improvement on, over, or within the boundary lines of any
��
-10-
public utility easement unless such construction is provided for in such easement or has
been approved by the utility involved. '
b. Utility Installation. Developer shall be responsible for the full and prompt
payment of all utility access chazges with respect to the Minimum Improvements
(including SAC and WAC). Developer shall further bear the cost of the relocation of
any existing public or private utilities which may be caused or necessitated by the
construction of the Minimum Improvements. _
c. Repair of Public Facilities. Developer shall, at its sole cost and expense,
replace any public facilities or public utilities damaged in connection with the
construction of the Minimum Improvements in accordance with the technical
specifications, standards and practices of the owner thereof.
ARTICLE V.
INSURANCE
Section 5.1. During Development. The Developer shall provide and maintain at all times
during the process of constructing the Minimum Improvements for the benefit of the Developer
and the City and, from time to time at the request of the Ci .ty, furnish the City with proof of
payment of premiums on:
a. Builder's Risk. Builder's risk insurance, written on the so-called "Builder's Risk
-- Completed Value Basis," in an amount equal to one hundred percent (100°l0) of the
replacement value of the Minimum Improvements as of the date of completion, and
with coverage available in nonreporting form on the so-called "all risk" form of policy.
b. General Liability. Comprehensive general liability insurance (including liability
arising from operations, contingent liability, operations of subcontractors, completed
operations and contractual liability insurance) together with an Owner's Contractor's
Policy with limits against bodily injury and propert� damage of not less than
$1,0(}0,000 for each occurrence (to accomplish the above-required limifs�i�umbrella
excess liability policy may be used).
c. Worker's Comnensation. Worker's compensation insurance, with statutory
coverage. -
Section 5.2. Casualtv. On and after the Completion Date, the Developer shall provide and
maintain for the term of the Tax Increment District or the terms of this Agreement, whichever
occurs first, for the benefit of the Developer and the City, at its s�le cost and expense, and,
from time to time at the request of the City, furnish the City with proof of payment on, casualty
insurance in an amount equal to one hundred percent (1Q0%) of the insurable value of the
Minimum Improvements against loss or damage by fire, windstorms, hail, explosion, vandalism,
-11-
�
malicious mischief, civil commotion, demolition cost, debris removai, collapse, water leakage
and damage of any kind and of any nature whatsoever and such other risk or risks af a similaz
or dissimiiaz nature and such other coverages as aze now, or may in the future be, customarily
covered with respect to buildings and improvements similar in construction, general location,
use, occupancy and design to the Minimum Improvements. Any policy of insurance provided
pursuant to this section shall have a deductible amount of not more than Twenty-Five Thousand
and OUI100 Dollars ($25,000.00). No policy of insurance shall be written such that the proceeds
thereof will produce, less than the minimum coverage required by this }�aragraph, by reason of
co-insurance pravisions or otherwise, without the pnor consent thereto in writing by the City,
with specific reference to this provision. The term "insurable value" shall mean the actual
replacement cost of the Minimum Improvements (excluding the foundation and excavation costs
and costs af underground flues, pipes, drains and ather uninsurable items}, and equipment. Any
net proceeds of insurance resulting from a casualty to the Minimum Impravements shall be made
payable direetly to the Develager and/or its mortgagee.
5ection 5,3. Public Li�bility. The Daveloper shall provide and maintain until the termination
af the Tax Increment District, for the benefit of the Developer and the City, at its sole cost and
expense, comprehensive generat public liability irisurance, inc2uding personal injury liability,
against liability for injuries to persons and/or property, in the minimum amount for each
occunence and for each year of C?ne l��iillion and 001100 Dollars {$1,OOU,OQO.Qt}), and shall be
endorsed to show the City as an additional insured. ,
Section 5.4. Other T�rms. All insurance required pursuant to this Article V shall be taken out
and maint��ined with insurance camp�anies reasonably aG:eptable to the City and authorized under
the laws of the 5tate to assume the risks covered thereby. The Developer will deliver annually
tv the City policies evidencing all such insurance, ar a certifieate or certificates or binders of
the respective insurers stating that such insu�rance is in full force and effect. Unless otherwise
pravided in this Article V, each policy shall cont��in a provision th2�t the insurer shall not cancel
ar materially reduce or limit coverage it withaut giving written notice ta the Develaper and the
Ciiy at least twenty {20) days before the cancellatian ar reductian becomes effective. Prior to
the expiration of any policy, the Develaper shall furnish the City evidence reasonably
satisfactory to the City that the policy has be�n reneweii or replaced by another policy
conforming to the pravisions of this Article V, or that there is no necessity there�"$mder the
terms hereaf. In lieu of separate palicies, the Developer may maintain a single poliey, bianket,
ar umbrella policies, or a cambination thereof, having the caverage required herein, in which
ev�nt the Developer shall depasit with the City ane or more certificates af the re�spective insurers
as to the amount of co►verage in force with respect to the Minimum Improvements. -�
(1) The Developer agrees to notify the City immediately in the case of damage or
destruction to the i�+Iinimum Improvements with a dollar value exc,eeding $25,000.{}0.
In the event that the dollar amount af any damage, cast or loss pursuant to any casualty
does not excced $25,000.t}0, the Developer will forthwith repair, reconstruct and
restore the Minimum Improvements ta substantially the same (or an impraved)
canditian or value as existed prior to the event causing such damage and, ta the extent
-12-
necessary to accomplish such repair, net proceeds of insurance relating to such casualty
shall be applied to the payment or reimbursement of the cost thereof.
(2) In the event the Minimum Improvements or any portion thereof are c�amaged or
destroyed by fire or other casualty and the dollar value of such damage or destruction
is estimated to exc.eed $25,000.00 then the Developer, within one hundred twenty (120)
days after such damage or destruction, shall proceed forthwith to repair, reconstruct
and restore, the Minimum Improvements to substantially the same condition or utility
value as existed prior to such casualty and, to the extent necessary to accomplish such
repair, reconstruction and restoration, the Developer, its mortgagee (if any) and the
City shall apply the net proceeds of insurance relative to such casualty to the payment
or reimbursement of the costs thereof. Any net proceeds of insurance remaining after
restoration of the Minimum Improvements in accordance with this paragraph shall be
payable to the Developer.
(3) Notwithstanding any provision hereof, the Developer shall be unconditionally
obligated to complete the repair, reconstruction and restoration of the Minimum
Improvements, regardless of whether net proceeds of insurance received by the
Developer for such purposes are sufficient. •
Section 5.5. Condemnation. In the event that the Minimum Improvements or any material
portion thereof shall suffer a transfer pursuant to any condemnation or eminent domain
proceeding by any governmental body or other person, the Developer shall, within thiriy (30)
days after receiving notice of such proceeding, notify the City in writing. Any, net proceeds of
such condemnation shall be applied to reconstruct the Minimum Improvements within the Tax
Increment District.
Section 5.6.. �ubordination. The rights of the City with respect to the receipt and application
of proceeds of insurance or condemnation pursuant to this Article V shall be subject to and
subordinate to the rights of any holder of any mortgage with respect to the Development
Property or of the Minimum Improvements in the event, and only to the extent, that such
proceeds aze applied to rebuild, reconstruct, or construct the Minimum Improvements within the
Tax Increment District. — � ���_
ARTICLE VI.
PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER -
Section 6.1. Identity of Developgr. The Developer recognizes that, in view of (a) the
importance of the development of the Development Property to the general welfare of the City
and (b) the substantial financing and other public aids that have been made available by the City
for the purpose of making such development possible, the qualifications �and identity of the
Developer is of particular concern to the community and the City. The Developer further
recognizes that it is because of such qualifications and identity that the City is entering into the
-13-
Agreement with the Developer, and, in so doing, is further willing to accept and rely on the
obligations of the Developer for the faithful performance of all undertakings and covenants
hereby by the Developer to be performed.
Section 6.2. Limitations on Transfer. F�ccept as specifically provided in this Agreement,
Developer shall not sell, assign, convey, lease or transfer (i) this Agreement, (u) the
Development Properiy, or (ui) the Minimum Improvements, without the prior written consent
of the City, which consent shall specifically reference this provision. _
Section 6.3. Consequences of Transfer. For the reasons stated in Section 6.1 (Identity of
Developer) hereof, the Developer represents and agrees that:
a. No �ansfers. Except for Pernutted Transfers, or by way of security for, and
only for, the purpose of obtaining financing to assist or enable the Developer to
perform its obligations with respect to constructing the Minimum Improvements under
the Agreement, and any other purpose authorized by the Agreement, the Developer has
not made or created, and will not make or create or suffer to be made or created, and
has no Actual Knowledge of, any Transfer with respect to the Development Properiy,
or any part thereof or any interest therein, or the Developer, or any contract or
agreement to do any of the same.
b. G,on�gquences of Transfer. No Transfer shall operate, legally or practically, to
deprive or limit the City of or with respect to any rights or remedies or controls
provided in or resulting from the Agreement with respect to the Development Property
and the construction of the Minimum Improvements that the City would have had, had
there been no such transfer or change. No Transfer shall be deemed to relieve the
Developer, or any other party bound in any way by the Agreement or otherwise with
respect to the construction of the Minimum Improvements, from any of its obligations
with respect thereto or from any of its other obligations under this Agreement.
c. Cessation of City Obligations. Any Transfer with respect to the Development
Properiy or the Developer, other than a Pernutted Transfer, shall relieve the City of
any and all obligations under this Agreement and the Note. —� �-��
d. lYo Restriction on Sale. Nothing in this Section shall constitute a restraint on
alienation or prohibition with respect to the conveyance of the Development Property.
Section 6.4. Permitted �nancing. Nothing herein shall prohibit or prevent the Developer
from encumbering the Development Property in order to obtain suitable, bona fide financing in
connection with the development, construction, ownership, expansion or restoration of the
Development Property or the Minimum Improvements.
Section 6.5. No Assi�nment. Except as provided in this Article, this Agreement and the
rights, duties and obligations of the Developer hereunder shall not be assigned, conveyed, or
-14-
transfened, and any purported transfer in violation of this provision shall be null, void, and of
no effect.
ARTICLE VII.
EVENTS OF DEFAULT; REMEDIES
Section 7.1. Event of Default. The term "Event of Default" shall meaii, whenever it is used
in this Agreement (unless the context otherwise provides):
a. Failure of 1�mely Completion. Failure by the Developer to complete the
Development Property on or before the date specified in Section 4.3 (Completion of
Construction) in conformance with the terms, conditions, and limitations of this
Agreement;
b. Breach of Develo�er Obligations. Failure by the Developer to observe or
perform any covenant, condition, obligation, � or agreement on its part to be observed
or performed under this Agreement and the continuance of such failure for ten (10)
days after written notice thereof from the City; or
c. Bankruptcy of Developgr. A petition of, or claim for relief in, bankruptcy or
insolvency is filed pursuant to any current or future bankruptcy or insolvency laws
naming the�Developer as debtor, and such petition is not dismissed within ninety (90)
'� days of the date of filing thereof.
Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all
other remedies available to the City at law or in equity or elsewhere in this Agreement, the City
may take any one or more of the following actions: {
a. Suspension of Performaace. The City may suspend its performance under this
Agreement, including without limitation a withholding of the Certificate of Completion
or a Certificate of Occupancy for the Minimum Improvements, until it receives
adequate assurances from Developer that Developer will cure t-Fie Event"o1�b�fault and
thereafter remain in compliance with its obligations under this Agreement and all
related or collateral agreements with the City.
b. Termination of Agreement. The City may ternunate this Agreement, cease any -
and all performance under this Agreement, and pursue all available remedies.
c. Suit for Damages. 1'he City may initiate an action seeking damages, specific
performance, or any other relief available at law or in equity, other than and except for
the remedy of specific performance. The parties hereby agree that all costs, direct or
indirect, paid or incurred by the City in connection with this Agreement or the Project,
including without limitation all sums advanced to or for the benefit of the Developer
-15-
`
hereunder and the costs of pursuing the City's remedies hereunder, shall constitute
damages of the City for purposes hereof.
Section 7.3. �To Remedy Exclusive. No remedy herein conferred upon or reserved to the
parties is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement, whether now or hereafter e�cisting at law or in equity or by stafute. No delay or
omission to exercise.. any right or power accruing upon any default shall impair any such right
or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the
parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other
than such notice as may be required by this Article VII. �
Section 7.4. No Additional Waiver ImpGed bv One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other pariy, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE VIII.
ADDITIONAL PROVISIONS
Section 8.1. Conflict of Interests; Ci�y Representatives Not Indiv�idually Liable. No
member, official�, or employee of the City shall have any personal interest, direct or indirect,
in the Agreement, nor shall any such member, official, or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation,
partnership, association or other entity in which he is, direcfly or indirectly, interested. No
member, official, agent, or employee of the City shall be personaliy liable to the Developer, or
any successor in interest, in the event of any default or breach by the City or for any amount
which may become due to the Developer or successor or on any obligations under the terms of
the Agreement.
Section 8.2. Non-Discrimination. During the term of this Agreement, the I3�i'iper shall
not discriminate upon the basis of race, color, creed, sex, affectional preference, age, religion
or national origin in the sale, lease, or rental or in the use or occupancy of the Development
Property or the Minimum Improvements erected or to be erected thereon, or any part thereof.
The provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non- -
discrimination, are hereby adopted and incorporated as part of this Agreement as if fully set
forth herein.
Section 8.3. Equal Employment OpportunitX. Developer agrees, for itself and its assigns,
that during construction of the Minimum Improvements:
�
-16-
a. Em l� oyees. Developer will not discriminate against any employee or applicant
for employment because of race, color, crced, religion, ancestry, gender, affectional
preference, disability, age, marital status, status with regard to public assistance, or
national origin (each such status is referred to hereinafter as a"Protected Class").
Developer will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to membership in any
Protected Class. Developer shall further abide by all other applicable�federal, state and
local laws regarding equal employment opportunity. _
b. Advertising. Developer will, in all solicitations or advertisements for employees
placed by or on behalf of Developer, state that all qualified applicants will receive
consideration for employment without regard to membership in any Protected Class.
c. n ra . Developer will include the provisions of this Section 8.3 in every
contract, subcontract and purchase order, so that such provisions will be binding upon
each such contractor, subcontractor, or vendor, as the case may be. Developer will
take such action with respect to any contract, subcontract or purchase order as the City
may direct or advise as a means of enforcing such pr�visions, including sanctions far
non-compliance. .
Section 8.4. Provisions Not Mer�ed With Deed. None of the provisions of this Agreement
aze intended to or shall be merged by reason of any deed transferring any interest in the
Development Property and any such deed shall not be deemed to affect or impair the provisions
and covenants of this Agreement. ._
Section 8.5. Titles oi Articles and Sections. Any titles, headings, or captions of the several
parts, articles, and sections of the Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of its provisions.
Section 8.6. Natices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by any party to any
other party shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally•, and �_
a. Developgr. In the case of the Developer, is addressed to or delivered personally
to the Developer at:
1�thill Corporation
920 Shawnee Road
Eagan, Minnesota 55122
Attention: Mr. Vincent Jiovannazzo, General Manager
��
-17-
b. Citv. In the case of the City, is addressed to or delivered personally to the City
at:
City of Mendota fIeights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Arin: City Administrator
or at such other address as the City may, from time to time designate in writing and forward to
the Developer.
Section 8.7. Indemnification. The Developer shall cooperate with the City with respect to
any litigation commenced with respect to the Development Plan or the Project. Except for any
willful or wanton misconduct of the City, its employees, Council members, officers or
employees, the Developer shall save, hold harmless, and indemnify the City from and against
any and all costs, including reasonable costs of defense incuned by the City through an attorney
of its choosing, with respect to any litigation in connection with the Project or this Agreement.
a. Release of City. Developer agrees, that anything to the contrary herein
notwithstanding, the City and its agents, officers, Council members, and employees
shall not be liable or responsible in any manner to the Developer, the Developer's
contractors, suppliers, vendors, material men, laborers, lienors, mortgagees, or to any
other person or persons whomsoever, for any claim, demand, damage, cost, or loss of
any kind or character arising out of or by reason of the execution of this Agreement,
the transactions contemplated hereby, the acquisition, construction, installation,
ownership or operation of the Project, the Minimum Improvements and/or the
Development Property.
b. Indemnification of Citv. The Developer shall indemnify, save and hold
harmless the City from and against any and all claims, demands, actions or causes of
action (including specifically, but without limiting the generality of the foregoing, the
costs of defending the same, costs and expenses for City administrative time and labor,
costs of engineering and planning services, costs of all legal services rer�'rad, direct
out-of-pocket expenses incuned in connection with defending such claims, and amounts
paid as damages or in settlement or compromise of any such action or proceeding) as
may be brought against the City for acts or omissions in any way related to the
construction, operation or financing of the Minimum Improvements, and/or the -
Development Property.
c. Reimbursement of Costs. Developer shall reimburse the City for any and all
costs and expenses, including without limitation, attorneys' fees, paid or incurred by
the City in connection with or relating to enforcing performance of (or seeking
damages for Developer's failure to perform) any covenant or obligation of Developer
under this Agreement.
-18-
�_
d. Iiazardous Waste Indemnitv. The indemnification obligation of Developer shall
include, without limitation, any liability, damages, claims or costs incurred or asserted
against the City relating to the alleged presence or release of hazardous or toxic
substances on, under or about the Development Property. ,
e. Tax Increment Indemnity. Developer shall further save, indemnify and hold
harmless the City from and against any and all costs, damages, liabilities or
expenditure.s incurred by the City pursuant to Minnesota Statutes Section 469.1771,
subd. 3, as a result of the assistance providetl to the Developer pursuant to this
Agreement.
f. Reduction in State Aids. Developer shall further save, indemnify and hold
harmless the City from and against all costs, damages, liabilities or expenditures
incurred by the City in the event that local government aid, homestead and agricultural
credit aid or other aids or payments to the City from the State of Minnesota are
reduced under Minnesota Statutes, Section 273.1399 or other law.
Section 8.8. Covenants of Principal. All covenants, stipulations, promises, agreements and
obligations of the City contained herein shall be deemed to be the covenants, stipulations,
promises, agreements and obligations of the City and not of any Council member, officer, agent,
servant, employee, independent contractor, consultant and/or legal counsel of the City.
Section 8.9. overnin� Law. The parties agree that this Agreement shall be governed and
construed in accordance with the laws of the State of Minnesota and aclrnowledge that this
Agreement is the type of agreement described in Minnesota Statutes, Section 469.176, subd. 5.
Section 8.10. �me is of the Essence. Time shall be of the essence of this Agreement.
Section 8.11. Counterparts. This Agreement is executed in any number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same instrument.
Section 8.12. Interpretation and Severability. If any one or more of the provisions,
sentences, phrases or words of this Agreement or any application tt—iereof sha�'bc- held or
determined to be invalid, illegal, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions, sentences, phrases or words of this Agreement and
any other application thereof shall in no way be affected or impaired and shall remain in full
force and effect. -
Section 8.13. Successors and Assign�. . This Agreement is binding on and inures to the benefit
of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement
may not be assigned by any of the parties hereto except as specifically provided herein. Any
successor shall absolutely and unconditionally assume all of the rights, duties and obligations of
their assignee hereunder.
��
-19-
...
Section 8.14. Madifi,�tiQn/Entu�e Agreement. This Agreement may not be altered, madified
or amended exc�pt by an instrument in writing signed by all of the parties hereto. No persvn,
whether or not an officer, agent, emplayee ar representative of any party, has made or has any
autharity ta make far or on behalf af that party any agreement, representation, warranty,
statement, promise, arrangement or understanding not expressly set forth in this Agreement ar
in any other document executed by the parties concurrently herewith ("Parol Agreements") .
This Agreement and all other documents executed by the part`res concurrently hereurith constitute
the entire agreement between the parties and supersede all expm,�,.s or implied, priar or
concurrent, Parol Agreemenis and prior written agreements with respect to the subject matter
hereaf. The parties acknowledge that in entering into this Agreement, they have not relied and
will not in any way rely upon any Parol Agreements.
IN Wi.TNT'SS WHERTAF, the City has caused this Agreement to be duly executed in its name
and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement
to be duly executed on or as of the day and year first above written.
Attest:
Kathleen M. Swanson
Its City Clerk
4:i ��iti��i�l��i l�� :i :YM.�
By:
Charles E. Mertensatto
Its Mayor
�r�YYiilrls.�l�► ►��ilY��i�
sy:
Its: Generall�fanager
-- - �. _.
-20-
�.�
�
STATE OF I�iINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was aclrnowledged before me this day of March, 1996, by
Charles E. Mertensotto, Mayor of The City of Mendota Heights, a statutory city of the State of
Minnesota, for and on behalf of said City. �
Notary Public
STATE OF I��NNESOTA )
) ss
COUNTY OF )
The foregoing instrument was aclrnowledged before me this day of March, 1996, by
, the of T�thill
Corporation, a corporation, for and on behalf of said
corporation.
�F' M''�d�:�_��1
-21-
Notary Public
0
0
��
� �r:
� I1: M
�w.�♦ ���i � ..
:i 1 i !: 1:
Lega1 Description of Develapment Property
Forrn of Note
Description of Site I�mprovements
�
�
_, 199�
ITNITELl STATES OF AMERICA
STATE OF MINNESOTA
CC�UNTY OF DAKOTA
TII� CITY OF M]ENJDOTA HEIGHTS _
� LIM�'I'ED REVENUE TAX INCREMFNT NOTE
'. : iil il
The City of Mendota Heights, l�7innesota {the "City"), hereby acknowledges itself to be indebt�ed
and, for value received, promises to pay to the order of TUTHILL CORPORATION, a
Delaware corporatian (the "Owner"}, solely from the source, to the extent and in the manner
hereinafter provided, the principal amaunt of this Note, One Hundreci Eighty-Five Thousand and
OQ/l0U Dollars ($185,OOO.QQ} {the "Principal Amount"), together with interest ther�n accrcted
from _, 199 , at the rate of 8% per annum (the "Stated Rate"), on the dates (the
"Scheduled Payment") set forth on Schedule i attached hereto and incorporated herein by
reference. This note shall be payable in semiannual installments commencing on
l, 199 , and on the 1st day of each and
thereafter until and including 1, 20 .
Upon 30 days prior written notic� from the City ta the Owner, the Principal Amount is subject
ta prepaym�nt at the optiari af the City in whale or in part on l, 199_, and
an each 1 and 1 thereafter.
A,ny payments on this Note shall be applied first to accrued interest and then to the Principal
Amount in respect of which such payment is made, •
Each payment on this No% is payable in any coin or currency of the Unit�d Sta.tes of America
which on the date of such pa,yment is legal tender far public and private debts and shall be made
by check or draft made payable to the Owner, and mailed to the• Owner at its postai address
within the United States which shall be designated from time to time by the Own�:"�
Capitalized terms used and not defined herein shall have the meaning ascribed to them in that
certain Cantract for Private Deve2opment between the City a�td the Owner dated af even dat�
herewith (the "Agreement"). -
The Note is a special and limited obligation and nat a general obligation of the City, which has
b�n issued by the City pursuant to and in fi:ill. confarmity with the Constitution and Iaws of the
State of Mirnnesata, including Minnesaza Statutes, Section 469.178, Subdiv%sion 4, to aid in
financing a"project", as therein defined, of the City cansisting generally of defraying certain
public redevelopment costs incurred and to be incurred by the City within and for the benefit
of its Develapment District No. 1{the "Program"}.
�
TI� NOTE IS NOT A GENERAL OBLIGATION OF Tf� CITY OR OF TI� STATE OF
1�vNNESOTA (TI� "STATE"), AND NFITHER TI� CITY, TI� STATE NOR ANY
OTI�R INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF SHALL BE
LIABLE ON THE NOTE, NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS
OR PROPERTIES OTHER THAN "AVAILABLE TAX INCREMENT," AS DEFINED
BELOW.
The Scheduled Payment of this Note due on any Scheduled Payment D�e is payable solely from
and only to the extent that the City shall have received as of such Scheduled Payment Date
sufficient "Available Tax Increment" as defined in the Agreement and further defined as tax
increment received as of a Scheduled Payment Date with respect to certain real properiy
described in Exhi it A to the Agreement (hereinafter refened to as the "Development Property")
which real property is located with in the City's Tax Increment Financing District No. 1(the
"District")
The City shall pay on each Scheduled Payment Date to the Owner the lesser of the Available
Tax Increment and the Scheduled Payment due hereon on that date. To the extent that on any
Scheduled Payment Date the City is unable to make the total Scheduled payment due on such
date as a result of its having received as of such date insufficient Available Tax Increment, such
failure shall not constitute a default under this Note.
In the event that the City pays less than the amount of any Scheduled Payment due to the lack
of Available Tax Increment to pay the same, and in the further event that, as of a subsequent
Scheduled Payment Date the City has Available Tax Increment from the property in an amount
exceeding the amount of the Scheduled Payment, the City shall pay such excess Available Tax
Increment to the Owner to the extent that prior payments hereunder have been less than the
aggregate Scheduled Payments theretofore due.
The City's obligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon payment of the real property taxes assessed and payable against the
Development Property pursuant to Minnesota Statutes, Section 277.01. Upon any failure of the
Owner to make such payment within sixty (60) days of the due• date thereof, the City shall
forever be relieved of its obligation to make the next Scheduled Paymen�iminedi�'�'ollowing
such delinquency. In the event that such payment is made by the Owner after the due date for
such payment, the amount of Tax Increment attributable to such late payment shall nevertheless
be includable in the determination of Available Tax Increment, except with respect to the
forfeited Scheduled Payment as set forth in this paragraph.
The City's obligation to make Scherluled Payments under and pursuant to this Note is expressly
contingent upon ownership of the Development Property by the Owner or by a corporation,
partnership, limited liability company or trust more than fifty percent (50%) of the beneficial
interest which is owned or controlled by the developer or any natural person who is an owner
of the Owner as of the date hereof or such person's spouse, children, grandchildren,
grandparents or parents. Any Transfer of the Development Property (other than a Permitted
Transfer) shall relieve the City of its obligations to make Scheduled Payments urrd�ei and
pursuant to this Note.
This Nate shall not be payable from or canstitute a chazge upon any funds of the City, and the
City shall not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Avai2able Ta�c Increment, and then only to the extent and in
the manner herein specified. ,
The Owner .shall never have or be deemed to have the right to compel any exercise of any taxing
power of the City or of any other public body, and neither the City riar any director,
commissioner, council member, baard member, officer, employee or agent vf the City, nor any
persan executing or� registering this Note shall be liable personally herean by r�son of the
issuance or registration hereo� or otherwise.
IT IS �][EREBY CERTIFIED AND RECITED that all acts, conditions, and things required by
the Constitution and laws of the State of Minnesata to be done, to have happened, and to be
perfozmed precedent to and in the issuance of this Note have been done, have happened, and
have been performed in regular and due form, time, and manner as required by iaw; and that
this Note, together with all other indebtedness of the City outstanding on the date hereof and on
the date of its actual issuance and delivery, is not subject to any constitutionai ar statutory
limitation th�reon.
IN WITNr.SS WHEREOF, the City has caused tlus Note to be executeci by the manual
signatures af its Mayor and City Clerk and has caused this Nate to be dated ,
1996.
CITY OF MENDQTA HEIGHTS
Its Mayar
Attest:
This instrument was drafted by:
WIlVTHROP & WEINSTINE, P.A. (T.MH)
320(} h�innesata VVarid Trade Center
34 East Seventh Street
Si. Paul, M'rnnesata SS 101
City Clerk
� . ��
��
V• li i
1 1' ` i 1
�
�
� 1 11 : :
MEMQ
� ; --�• June 13, 1996
�
TO: Mayor, City Gouncil, and City Ad '' ratar
k`ROM: Marc S. Mogan ��M
Civil Engineer
SUBJECT: 1996 Slurry Seal Project
Job No. 9609
DISCUSSIQN•
For the past severai years City Council has appraved $50,000 in the Street Depa��tment
budget to slurry seal City streets. Areas slurry sealed in the past include: Evergreen Knolls 1 st
and 2nd Additions, Deer Trail �:�ills, Cherry Fi'ilis Znd Addi#ion„ Ivy Falls Neighborhood, Somerset
Hills, Crown Point, Narthland Drive and Huber Drive. Streets selected for alurry seal projects are
chasen to e7ctend and maximize the service iife of an e�sting smzcturally sound street. We
propase that the following streets be slurry sealed under this improvement project: Callahan
Place, Eagle Ridge Road, Bent Tree Lane, Copperfield Drive, �Tgh Painte Road, H'igh Pointe
Court, Quail Ridge Circle, 5tone Road, & Fieldstone Drive east of Copperfield Drive.
As part of the project, significant cracks will be sealed to preven`t damage to the existing
pavement section. Longitudinal and transverse cracks allow water to enter the street sectian.
The se�vice life of a street section which becomes and remains saturated will be shortened. After
crack seaiing is campleted, a layer of siurry seal will be applied to restore and pratect the existing
bituminous surface, Slurry sealing helps prevent oxidation of the bituminous in the pavement
rnixture which helps maintain the structurai integrity of the pavement'surface. The E,,,�in�er's
Estimate for this project is $43,OOp not including overhead, inspection and Engineeruig costs.
REC411�MENDATION•
I recommend that Council authorize the Engineering staffto advertise for bids for the
abave project.
ACTION REOUIItED.
If Cauncil desires to implement the recammendatian, they should pass a motion _.---�
autharizing the advertising ofbids for the 1996 Seal Caating Project.
�
CITY OF MENDOTA HEIGHTS
ADVP.RTISIIVIENT FOR BIDS FOR 1996 SEAL COAT PROJECT
r
The City of Mendota Heights will be accepting bids from contractors to place
approximately 38,000 square yards of 7�rpe II Slurry Seal at various locations within the City
of Mendota Heights.
Specifications and bid documents are available at Mendota heights City Hall, 1101
Victoria Curve, Mendota Heights, MN 55118.
Bids will be received unti110:00 A.M., 7uly 16th at the City of Mendota. Heights, 1101
Victoria Curve, Mendota Heights, MN 55118.
Kathleen M. Swanson, City Clerk
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
— - � c
�
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
����-�F��Z�i
As�halt Contractor Licease
Arden Griepp & Sons Blacktopping Inc.
Cement/Masonrv Contractor License
A & B Cement Construction
Hicks Concrete Inc.
Dan Wille Construction
Al Sandeen Concrete & Masonry
Excavating Contractor License
Don Wayne Excavating
Gas Pi�ing Contractor
Gord Air Heating & A/C
AVAC Contractor
Gord Air Heating & A/C
General Contractor License
Klodt Inc.
M.F. Fleischhacker, Inc.
Drvwall/Stucco Contractor License
Chris Brown Drywall
0
�
. . ' . • •',� .
�;, : .�._.�.. Y�,, .,.� ,...:.:,..:�.:w7::;�: �..
, ., • . .. . .. -, .�.�._.: ::... . .. . . . . . �.`'t. . � . ., . ..����:
�
June ltt, 1y96
2�d: Hagor ead C,fty Councf2
• GGAFlyS I.ZST SttMliRRY':
iQtd�.. �2d.�HiS
Stgaiffcant C2aims
, . Hughes & Costello
ttnusua2 Claims
I�rosecut9 ons
0
l8,746
"1,445
;4 Jan 1
Fri 8:27 AM
�-� z��P en$�k �vum���
�—'.....—
: � �Checic : .
, Number_Vendor Name
1 A T& T Wire'sess Sves
1 R T& T Wireless �vcs
' �. .
`Toia.Is Temo Check Number
Temp Ctieck Number Z
; - <`�"'2�""RIt51Y37S�i -.......-_�.. __._
- 2,Albinsan
x • -
?otals 7emn Check Nurnber
ec m er `�'3
�i .
.<.3'Ap�che Qrcup
c e rouo
3 Ap�che �aroup
3 f�pache E"arauo
f: '3�A�ct�"Gi^�a�s'.__
; 3,�Apache C,roup
- `.i 'n�..�L_, ny,.__ ..
c�l
. , Tatals Temp Checic Number
_:;�.. •..; . : :
p Check Number
. y:r�,; •
�8'�`I-'R�Evc73�ig "
T •
a emp hec�umtier'
'p CtSeck�Number • .
5 Biffs Inc
:�=,...
'f+atals �.Temo Bheck Number
.�;»..<
:;'�r:;� � .
.�_.�.
6 Baland Hros
Temp Check Number
'g��;�;>' �e
=�%�` i"S' � - iF.w �;Q ;' .
"�r i 3u�' 'i',
.��:. �s.'�.s; ^ .. ., > , .
4
6/18/96 C;aims Lis� uepti iu-xam
Citv af Mendota Heioh__ X5-Engr
2u-Police
Uept 5U-Roads paoe 1
6u-Uti 11 ties
7U-Parks
3Q-Fire 80-Planning �,�.
40-CEU 85-Recycling �
___.____---_._.___--- - __.9Q=AnimaLContr-0� _
Account Code Comments � Amount '' �
_._.__- ----_.�.-. _. --- .....:_.__._..___.._.M._ _,_._-__._._._._....._----.----____.__.....- --�__.______ _.-----.____`_
01-4210-IIi2id-�0 . �un svc 15.97 j� ��.�
01--4210-030-30 _���----MY4- -•- -`A �un svc 8. 32 ;� ;
1
- --- --- --._ .___ _ ,
• f �y
^ f�L�1. �L� "i0lE�
� , ;..,:
. _. __ ,.. _ .. .._ .__. _ .__ ..___.__.�__._________.. __ _... ____.__..__.__.._�.__.__.-__ ___..� .._ `_...----..._. ,:
,:� "
...__�_.@5=4305=105="15.-__._.. _.....» __ .. .. __ snlys'--"---------•----._.__..----.._._.._.___._ _..134:74.______.._...�._.___..._..�-----------::
05-4305-105-15 splys - 37,42 �+�--
• ___--- , .
__.. ._.__.._.._.. _.._ _.-_---._�._ ._.._ ._. ...-----.._..__.._..._.--.--._.____.�.__...____.._..._i?2� 1.6..._.____..____.._ _.___..._.�_�.__--;;=,
P .
;+ �
' 08-4335-00Q+-Qt0 solys 183.64 ` {
• �.
�_.._.._0"T'�+300='�'S"0�.'0`--......._..._ ...,.. ---�- -•---_ sPlys_.__ __...__ .___---___. __.__....__,�_,---34'k:45... ._.__.. _. _..�.____.__.-_._-___; ,
01-A490-109-09 solys 124.8@ ;� �
01-4300-@8td-80 sp2y5 114. 80 . .
-- 05=7i300=Y"05=Y5'___.. ... _ . . _.___..._._. . _ _ _Sply� --- _.._.. _... .-- ---._.._.__ .. -- - -----..._-344.-45. ....- _..._._--•-.•-. __.._.�_�.._
15-4300-060-60 �plys 114.80 •�--�
�12-A300-IIJ46-40 sP2y� 114. 80 �"
_��_.���__...__._....--- -_..._. _..____.-.---..____. _•----..._.�..�___._._._...__�_....._ .._.__.._.. ___._.._..-----,_..�---_�_._.. ._. "^
� ' • 1! 331. 74 �-�`
— �__ ��...._. __..,___.___�_._,_.___..__�__ ___ .---.....__.__ _._---...__...�..... _.___,_...___.... .__._ i�-c
. • ;a;
---._-OS-�+22ID=1a85=85�----_._.__.__.._.._.___._.____.....ci�y"clean'up _...���.r__..�_,.__..___'2@6'TO.i_�_�.�..,__..� t�.a
...��. __.� ,__ ._...�_.
5 .
, 01-4200-61@-7@
i
5
�^ .
@1-4335-315-30
. � :��y s°., ,;. < .
"��.,�..:, ` .
kr IVumber^ � ',:6
7
- 05=70
� .. .
���� O� ��`
.e
--- - . _ -___,...-- ------- ._.- ---------_.___.__...�.-----•---__.__-_ ._. ---•---. _ _ _.
._ .._��.____.� �o'
' �..�1
3 ��
...»_�„_..____...._ __. _....._,_._._«..._ _._.._..__._._. _____...._.'_._. _...___ __.�.' _' _".._...__.s.—_...._ _i
may/�un svc 2, 094.;17 ��M
__�.� _ ��..�
--_�_. _.___.__"'"._'_i; 094: 17'- -�.�._..__ __ .._.:�
, 'er�
' :�.�
may svc
423.55
413. 55
0
14 JUY! i'
Fri 8:2� ��a
. Temp CttecSt lVumber
x ..CteecFc
, lVumber , Vendor IVame
Clairns List paye 2 �
City af Mendata HeigM�
7 , .
� Accaunt Code Comments Amount _ � j�i
_ _._.._._._ _�� _----..._._._.. _.. .. _ . .. _ �.... _._ _ .�._..____._._..._.__._.._,_,.._.._.__....��__.__.........---------
. ._.
�
7. 1$7. 01 I � �
Totals Temp Check Number 7 �
� �• i
TeropRrCheekNumber .� � � '—�.�__,_..----___...----...-----._..--------------• --- . �__.....,�_...__.... ..__......____._._ _"` o
,:..<, _ . . �„�,..
� � 4 � —�-� ------,01=4330-49@=50..—_.... ----- •------___ .._.�..parts'-- --_.__----._.—__-98:71--=- ---- .
� i; �1
"' - t ----- � �
��emp""Ch-eek"'iVpmber_.__._.._----._ _8.. T _�._ _ _ ._ . _.. . . . .._.__...... _..____.__._ _..__.____�__ �. _ _ 98.71 '�I
i6�
�w�Yl•, �< , " .... ._... __.... ._...__. _. _.._"' __.____,.� _..���__. :1
�'.y,.-"'...' . . �t8�
. i
°7emp'Check 3Uumber 9 � ,
�, �
, . . :.. , _.�: i
_.__.__..._...._.____. .�.-.---__._..�_.._____.__.�___._..___,..__.._....__�..._.__..... ....._.__ ____. ___._.�.._ �
9 Col2ins �lectrical Const '@1-Qc^11-420-50 rors ' 25�,�0 ��
;�tr�}�,,� °•:,.k � -- _ ._._._._...__,_..._ . ___,---_�...V_ ._.�. _.__.__._.._25�':00." . �z,
s�?;���Tatals��Temp Check` Number • 9 , ,z�
%���.� ; .; �: •' y,. - . ,
.... , �-
. : -<,,. :. �.
m ._�. ._ ...... .. , ___... _ _ .._ ----____.__..�__..._.-----..__�._. .._---.__..---_..__---. __._
10 Commercia: F3sph�lt 01-4422-050-50 wear mix � 489.12 �Y:j
��� `'i'1+Q�.rs� �y},.. , .___ __. _._. ____�_ _ .. ..-- --._ _��_.__. __.,.___....._!_ ..._.__._. 489. 12 �—..._. ___.__ i'v'
" Y„�;,e-`."�i�0'tsTiS',.�E*tiTp ,{."�iECit �t2flt�i^ �� � '-ss
..a..6 : .
i
, _._...� ,.. "' _ �..._ ._. "'._.,�._.__,...�—......_._. _ _....�__._...__ _ .�....� �..._...__. �5�
�_r
Temp Check Number 11 � ' . �.
—�I=�h335=3T5=30..--_ __ _...__. ._...__...-- - aun svc'�.- ---..— --._._._ ---13'7.39-._._.___ �•o f
" �. � <,
�d'.11��,';, ' ' " , . • ------ �<:;
_ ,..;.. �
.� . .� ,.� , . < < 13?. 39 !�ac
•.: >. ..: t
�—'f`rst'�"'7��tt�'i�t��i"� "'—i7 �.__�__._ _...__.. . __ ...__ . _. ___ _......----�-- ----------_______.___.__�_._.._.__...._+. , ___._�,..._ � _
„
7emp Check Number 12 ��~.
._.....__�___._.__.. _.�._ _�_..... ._w,_ _
._..__ .._.._. .. _ _._ , __... _ _ , - •- -----. .._._.._.R...____,.�..._....__ _.._�__..�.__....._. � _.._ ._ _____ �. ;«
.�rN �.X,. ;.:'„`: .y.. ' n:
:,�k�;-,,1�;Crawford Door 01-4335-310-50 rprs 186.15 , �x� ;
,;''::;`'�:>12 .Cr"'awfard Aaor 01-4335-310-70 rprs 186.15 �"
=x1�335=32Q=60 —�---_....�__ �.—_...____'v�ars`�_ -- ------�-186:-20.._._�._.-- ,3��
�;.1
36 1 . 558.'�0 i='i
�CFieckKlVumber 13 .
13 Danko Emgcy Eq 01-k305-050-50
- .�_ ;� s;�.._; , . „ .. : . . . , .
atal�� -;"femp Chec{c Number < 13 ' • . �
�h����8�`z;;e:'? :�-`.;;�. " ` ; .. .� < { . � .. ,
14 D J'+s Municipal Supply 15-43@5-080-60
.�,aa::-���a. �,;€� , ; - • , z�•, .r �
' �= .{."�� � , - .i':'s.
.g�;Y'a, � ;�s zy_. -- , . '
�`�~�'��'��.°'e.x �. Ys . r i 6 • r� `� . ��� .:.
55,92
6'7. 05
�
14 Jun 1
• Fri 8:27 ►+M
:'� Temp Cizeck iVumber
2 �!t'Gii ', . ..
� Number Vendor Name
�
1 �t
24 D J's Municipa2 Sup¢2Y
���w,..-�o ,� ,
-:�-Tatals 'fema Check Number
,,j - .
em p ec um er —'"` ""'"TS """`"" -'
25 Designer fiigrs Systems
'- 1S
,. Tata2s Temp Check Number
7emp Check Number 16
:>4 . Y �_
Yti . .
Lh�" � i�s �
Claims �i�t
City nf Mendota Heig�
Account Code
01-4305-054i-50
i tt
Page 3
r "
.....�------_•_-_... ».__.___.._...�..._.�_—......._---_,.__..__.._ _._._........_–___...._.._.__...r._._.._�..___..._.__._...___�...._.�
Comments • Amount �i
_.. _.. _ _... __ . _ _ . _ .._ _ _ _...__ . .. -- - .- - -. _ . _,__._.�_ _....�....._.__...____ ✓ i
sp2V5 170.31 , �t �
_..---- t •
_._..___.�...._...__._. ... _.. __ ._. __,__. ______ _.._._____._,._._._...,......---.._. . . _ � .,,_„� �F,;
'237:-36._Y_._......__ 's �
0
Jitl
_.._�.�.�»....,v.'__'........_._....... .. . ...' '.... _ .. _ .. . .. . _ ..... � .... .__._.._..�... _. «. _ .«._. '"��.. V M1I
'1:
t.`
01-4490-tD80-8Q1 name plates 51.11 �",
.
:•�
----- � : �
51. I1 '��
25 ,,,'
._.. ....._"'....._� _F.... .... _...,.._, ......., __�_. ,.__ ..�.�._._..._ _...... ._.._ ,.� ._..".. "'_'..��.....___.....».«...� _ ..� .._�_
�G�
!z i
. ��� _
_ ,._.'.._01=4�30�%tikD=20._-_ _._,_.... --•.. _.._.__ ___. p,Pr�S'" -----..__------..._____.. ----._....__.---......__...�^c9: 00' -.....__._ e._.__.�...._.?
Temp Gheck Number 17
•�`s.'K•'1:.:x,.;;.R�� `� �.�____.. ._.�..
`�:�,��.i7 Electra .Watchman
i'��' ;:�:. ;k�` '
Totais Temp Check humber '
%. '.
rivf'`v ie�^:\�
�%;18 .Fe`i^"r`el l o�s
18
Totals Ternp Check �:umber
ip.Gheck Numl�r 19
, .:�. .
19
`���, ^
eck� 1Vumbc�r 20
�...���� ��fi�
_._..,._----- � ..... - 2G'T9. tG0 ,_�� 1
.. ._.. --- ._. ---._. __.v...______..._.__.. _. _. __.---. __ __�_.___ � ,
���_ _ _.- ------• -- -...__... . ___._ ...,
ylyn
�> >.
15-4330-490-60 3rd qtr 495.24 �.
17 �
01-4305-050-50 �
28
'�s F="433@=�^ i5=72! "__
! --
80 Hdwe Hank 01-4305-050-50
�0 lidwe Hank 01-4305-050-50
rt����=w s �s;>�,; .� .,. . , � _ : .. , x ,. - .
z� :, � `��tt@ k. :tY�:=� • :_ � , 4 � ' '+;
.b-+'�+,'��&.�. '��'';j,'�:nii... " x� . . N% � « .
�;�;7c�ta1's,�;Temp � Check' Number t 20 •<� "
Temp Check l�iumber 2i
�.� „ ` ,
.,� • ,
, ,� , . _
_.,._ _._ .. ....... . .... ._ __..__. .__....---___._ . ___.__.,. ..__. __.. -
� 495: 24._.... _ _ _ . ._ ._._ .----.. ___._..... - .
�-e
�d,.=
___._-. ----.--- .__... __.. _.�__ _.. _—_..___. _ .__ _e __ .------ . --. - -_.___ __...._ _ ....._ _ _ ._... ,�
.._.. _ �.:,
solys 8C, 90 `S.
._..____--------_.._._. . ..._.__._..�_�_--- _,_�._.._� __. _ --___ `--�-. ---•----,�___ . �,�
8c�. 9@ �
�"�
..._ ���,
. . __ _' __... I,°;•
____... _.._.•_-----_._..Soiy�-�.-__-____._.-•-__. ._._....._��. _-192."23 ---.._-----_. _.......__----=
1'32.�'23 �',',i
....�___.�....�_�.�'_'"'�...�"' _�.._�__....___..»..'__...�.�__........__.'__"'__...._�_..__�_.._— J
solys
splys
19. 17
10. 52
29. 69 �
2, 945. 3@
-- i4 JUYi i: ^
Fri 8a27 HM
. iemp Check Number .
x.;. .,��. .
.LW..a..,. . , . y�a
� . �, i�3@C,%t j `, f
, �;tJumber'• Vendor Name
4
a 7"atela Temp Check Numbe.
e
, •� , 1�1�furrrber-
, ''�ti�:�;yr;- ',3:s'': s"y .,' •' .
, ;=f.::��zr�i °a F c' .
Cl�ims Li�t
.....
City af Mendota Heigh
21 �
Account Code
r 2f
—_..._.� �..-___. ...__
�__�- 01-4406-@30-30 •---.._
�2 '
Totals Temp Check Number P2
� ., n, ..
np Che "rk �Atumher 23
3�
23I OS
23 i 0 S
:<�3 ;.I.� �> g ,
�..r.._:, .,.
;;: 23 . I " O 8 � : .
23IOS
23I OS
876
Totals 7ema Check l�tumber
y e�< r'..;�:rN' '
' C,�heeck Number
f1.�',�5.3�, �6;��s.. �x
24 Kat Key�
cital�':Temc Check Number
«�:`.:: �i :,�'', ' . . .
Rage 4
Comments Amount '�
__. ..,____._ _ __.�-----:,...___.._... _ _._�---._,._._...._.. _.__.._._ .,...__�.._.. <
' ' _'"..�..,.' __' ».. .' _' '_«� __' �
' ��
a�
�i
____._...`--- -----_..-------• --_._.__._____ _- --•-�_._�_..__�___.__._.._-.._._�------ F `�
, o.. �-.
regr macxka 290. @0 '"•`
-- . _.._ . _.,.._. .. . __ _.__ . .. .__. _..... _ ___.._.__ .. . .. _._..-- •--._ ..._.___ � ;
29tA. @0 jt. ,
�.:�
�
__..,_ _.. .. ....__ _,.... - - --. .�_. . _ __...,_._.. _.. ...-.._.. . _. .----.....__ ... ..._.__...__�......_� _'"I
• yf
'f�
�ri
-"'- ""�1'=xi330�1'30=1'0.�_......._._ _ ._._._.._..---__.annl"'mten..__._._.___-._ ,...___ _._.... ._- - •95:80_.._---.__.,.-----�_,____.__...._..—._..._.__;,I
' 05-4330-490-15 aun mten 9�.8tD _.!
• 01-4330-445-40 • 3un mten 95.7A • i�<�
--._�_ .._..._.._._ __....__--
0r='4330=a90=-1�0---_..__.---., ._-..,.__ _ __._ . � un "mten.__ . _ ._ _.._..�._....__. 6 : 90 _ _�.._...___.._._— _._.._.......-�
01-4330-460-30 �un mtcn 21.20 �•,
t31-4330-445-40 ,yni� tnten 68.90 `''�
>„•
_""'�_'01=�}330�F'90=50�_----..__._-- -•• • .�un' mtcn_ .�...._._.._---......_ _ __.. ._ _..._.._. -z1:20_.. ._______._.. _._._.... , -•- --- /
01-�+330-490-7@ ,}un mten 21.20 . ���
i5-4330-49tA-6Qr ,�e�n mten fi8.90 -
..__-.....-05 4�30�c90-�1-�.-____.._._ __....---.__..... _ ....,._�un mten__. ._ .___._.-_._--- ---.... ..__.-._---59:�2._.---._ .,.._ ....._._----�
:�:
01-4300-080-8@ �un mten 42.40 ��
• 02--449tE-109-0"� . ,}un mtcrs 42.40 ,��.
.,,;,
--.__,.�_____.__.�__.._ _...._.__...,_�.___.__._._._�_____�,..,.. .. ._._.__._._.---.___-__� _.,
23 .�
24
� '-��5="�►305=ib60=-tfb
15-4305-060-60
24
. .---_..__.. ___. _. golys..
splys
• 73,1. 42 �=M
�. ,
' ��� ' .
_._._ ._. ..__.....__._..._.__. __._.._. ._.___.__..�..._. _... .- - - ---•--•--....____. _:;,
F,:
___... ._. __.. .-- -... .._--- -- -...•-• .� .._ -•. - `�ig. `.30 '""--- . r __ . .._ _._._ ._____�.. _....`-�1
6. 13 �-•�
__.... __.___.__... ...____.....� .__._._..-65.fi3-...___._...__�_.____��_r_.._._. �
' - • 'Oi .
. -; �
2� Krrox Commercial Cre+dit 01-A305-ld7Q�-70 sRlys ?9.�10 � �";
er�.i�i-�t^edit-----tb3-�S3t35-�ttt7fd�tII --.__..._��.�.y��._.._.�_-......_ _�_�.�.�7�20 ----___�._.— _�'_�
25`�Knoif Gornmercial Credit � 08-4335-000-00 splys 9.44 !=$i
"25;Kncik"�Cammercial Credit � 01-430$-070-70 splys 100.52 � �G°
- —`.."_fd8=�►335'=4i00- ._..._ �¢.�y�."_---------- --- 20.71 .-__� �����
25 Krtox Cammercial Credit 01-4305-050-5fb sply� 20.45 5�
25 Knnx Cammercial Credit 01-4305-070-7fd splys �@.45 `''`
� .> ,.. ., fi;Qt=-£i p-iys -,'�O:�E•__ R'`
.�/�y/r�.a'�;.�:: ����. �� �y°�_��: .,.. , ., � . `: e ,,•�..?sa;"�Qe >' , —�y"—p--- �ese
�.KIfV:x`:�a`v.�..�i��a�u'Np4°1�oc.� Va`.�,3b�. • a• .� r„'<' .... �kaS, x ` . � , ` ' ' wl�G� �9 R6I
X
Temp Check Number 26
;c�.�«�,;���:<..�;,,�>,� �;.�, x��, .. ,� .. • . , ,<.,:.:..3,...y ...
� �.:= v �, i
�� :¢`�i;��6`s;Kr,,;ectis $usiness Systemg 01�4300-110-ii
tl�R�S.��� :L.�.H..�:�",« rt ..i�'X.a:>a'y�s'y, �... :A. .. .> , s .
fax� sulys��
34. 08
i4 Jun i�
Fri 8:2� AM
=� Temp Check Number
25
Claims List
City of Mendota Heigh�>
, �I '.5'. ,
� � Name �=" . • A'ccount Code
26 Krechs Business +�,}rstems
�6 Krechs Husiness Sy�tems
�;� ; '�RI�
� a:�,'%:' 26 �Ki^echs a Bcisi»ess Sy�tems
���:; �'26 Krechs Husiness Systems
r s us n ss s ems '�
26�#{r.echs Business Systema
,h, .c.wo
;�"�> 7dtals Tema Gheck Nu�sber
.:,,� . , -
,�.,. �
e � um er T"
�7 �,uy Kallander
; x; : a e
`�:;""�`27 �ay,Kic2lander
'� �: �?;Ciuy }{u3lander �
n er
135
�ta emp heck-`Nudber'-"�
:., -
7er�p CheeFi liiuui3er 28
28 L M C I 7 •
''cBi..MG I T '
��"fata3s'�Temp �G3ieck, Number
Temp Check Nurnber 2�
�� �:�,L'9 .. . .
p e ua er
7emp Check Number 30
�'30 Leitner Co .
�,�. �.,�x�;� ,
Totals Temp Check Numher
�,x°�-�,,a ���Y'�'`' `��;<�'n'.r'd'� ` :&;a. 3T"""_
�:31: `Leef iBros °��� x '
e� � ros �
31 Leef Bras
��.. - ,r:. ,
Totals'Temp Checic Nureber
`s'�:�xG`;:":;,`,.r . . , , \ .. ,
01-43�itFD-030-341
01-4300-04@-40
02 �"4300�J50=50�-.
01-43tD0�td71B-7fQ
@5-4300-105-15
1�'i-�'3► O�lDb0=6@�... .`.. _ _.___
01-430QJ-�80-80
�b
05-44i5-105-i'5
08�ir335=000=00
01-449@-109-09
@9-4490-000-00
Pa�e 5
Comments Amou»t �
__.___.__---._..-_._..�__._._�.... _ _.. _ .,- - -----... _
fax splys 34.@8 _ .. _.._._._... __ .__--.-- --- �� j_
fax splys 34.08 .
._-""fa�`�plys______ ._._..._.__.__._._ . -----•• -34:08__ . _._.__---•---�_._._...�..�__s 1
' fax sPlys 34.08 :�o:���
fax splys • 34.08 "'
__,_. ._fak. �P��S .. . .�.._-- • . . _ _ ......34. 08 . - .. _.__. ... .._---�._._.. :..
fax sRlys 34.08 -
----___.._.__, .._,__. ._ .. ._. •--..._.. � —.__ _ _ _. . ._. _ ___ _ ,-�
. . 272. 64 ' - .._ . . _ _ .. _...__ .._.__.----- . ,
. ' ,t
$:: -
exp reimb 34.20 ?:_t
___.__ e��p Y^ei'rnb"---_._..�--•--._.._ ._. ._._�......__..__.65.57__.._._._...� --•- -,__ .____
exp refmb 25.91 ���'. ,
exp reimb A2.29 "
_" "' exp "reimb _._._ .__----_._... ._._. _. __._. . __..�1:90-" - __ .._.__ .....�_..--.--_.. ._._._. -_. �,
189. 87 �
.
01-4133-0�31-30 ' wc kaiser . • 389.00 ��
01-4250-i10-10 ' acc plar� vol�nteers 943.00 l,a�,#
28
� .�.__.---------..._._.....�.. ...,.rv.._ _�__.__.. _ ._.. _---._ .. ....�..�..__L`'? .
1, 312. 00 •,
�.,
'-`06�-k335-�000-Q�0 ..__._ _..- -- .. _. _�.. _.__ _ _._. _� un ' �vc .. _ ..... _. _ ,._._..... ._..- • -.-- •-_. _ .� __97. 52 .._,� _ ._ ,_ _e .__�__..�__ ._• .
. . ----- - . �xj.
97. 52 ;-' �
"c9 :..
u.
1 4 la5
� i�h
01-4330-215-70'�� bal�nce due .Tv ----�� -10.06 �- •--y �. __._._ _.,_ �:h�
__—_ • ;��i ,
_.� _._.. �w�
. _ !_._____.,__. ... _--`l@:�Ii6_` - :: �
30
01-4335-310-50
�33s 3Z0=70
15-4335-310-60
31 , ,
may svc
ma �vc
may �vc
16.75
'£6:75
16. 74
iK Jun 1 • ^- Clairns
Fri 8:27 .,M City af Menda
.. Temp Check A[umber 3� •
�;. •..;��- :;;`., . , ^ _._.__.
x €�;"CheCfi`�. `: ,, : ��., '' .- �� - . .r. .
�, `;Number;rVendor; ,Name = � �Account Code • ,
�, 32 �illie 5u�urba� News QS-4240-1f@-20
„ 32 Lillie Suburban IVews 01-4240-080-80
� '„qyz�:�;;Y�':��F'r. a••, �
� ���z . ,'*f ' , .
o's:�� �`Taials Temp Checit' Number 32
w......— ,_..��.,__-_
,� Temp Check Num6er 33
az
„ ;d t,, .Y , ss�oc�tes-----_ --08"'#335-�000-�0i0 -.__
�� �asF� �' •
ta .; x-,,;Ah; .33 •
,a arrrt�r �-"33 �--•--
i� �
, Temp Check Atumber 34
,a :�.y,. - .__�__._.
34� Mar.�Gin Mc Rllister 01-44@0-020-2Q!
dw ��
F
� .1 s
7ata1� 7emo Gheck IVumber 34
'`° *,�� :; :�>.:� .. � , .,
Trtb�Y'_""--'"`�5 ��—__. ------
''�' :�'�`A�'�_ . �* " , "
,'�;�;-::35:Mendaia }ieightg Rubbish . 01-4�20-085-85
z, atat"f42'tgh'ts-Rubbi-5Yi -01�4�$0�"3Y0-�S0- _._..
2, 35 Merado:a Heights Rubbish 01-4280-31@-70 �
35 Mend�o,ty�a H�eigh,ty,.s� pR.u..b��b�i{sh f5♦-4��8y0�-3}i@-60
i �;i �+c ..," �VYct i"��Le ({{.{YYL'Si��1�20�—w7��s�� �'�
��;., v.» _ fr. , f � .
sx ��� �;�; " .�'s5,;>,,', , '. . •
..; �iTS..._;�.: x" . .
.�,�. �:. ,
� . �..__.._.�__.._.
7emp Check lVumber 36
�r�'�•n';�6�Mlidwest Phota Svc ��_—�01-4305-020-20 -�--•!
� � .��-, ,�::�.i;.. • . ,
.��., �S,'�:i..
�n
, Totals Temp Check l�umber 36
�
.:s <_ a . . �7 _,
'tf,. �s,,::r;, �„�:r. .
a��,<�>�� 't. ..
,a ;�� "*.37^hlidwest Packer�ParGs ° 01-A330-490-50
,'��>,,
,a' -- -
. 37
Totals 7emp Check Number 37
�:"r ��s� �"'�„�-��",�., ,.. ,,.�. } ., t .
,TQtnp,�Ghe�k`Riumb�i^�;�°T , � �•38 � ,r �
: �;:�;'�'�' ��,•;���. :' �r�:;','' `. .�K . < .. ,. , , „ � � ,
s� a�� z' ,"i., •;,�,< � }�.
II �'a j �_�
� 38 M P'fii 01-43m0-110-10
� .�y.�� �..; _ s.m�.�� r.,:�=�x <.:<, -� _r �-x•<, :: .. . . _ , .
,� M �� �„'i`otais"sTerna Check lVumber 38
�',� ��,,a��',a;�xw;�:� �+*...�� �,,, xr � . .
7 .£�;�.ilRK?:� .. T d`,�2'�.�i:..}. , ,i� .a a. . .. � . � y .. , d
LiSt
ta Heigt,
�.,.
RaAe 5
Comments Amount ��
3iq iic ttai 106.f@ '�°
hrg not 57. 20 i' "
_. ____._ _...�__.__---_�Y..�__._�..__._ __�.z_�_ .-�_...__.______w .__..,------_.._._.'t �
___ _ s�
• f S3. 30 :c #:
.,�'
__._.___..._....__._splys._._-_---•--.__�_._.._.....__.___ .. -162:31...... .__ --._._.._...._...---.%
' 162. 31 � ";
..�__._. ._ . _._ ___ ._ __�_�__.__ _ ..�. _- --. _....__, _.... ._.__ _ _. __...._._ ._. _ ._ _ __. __. ---- --,__._..._.._ _.._ _ �=.�
!,_ �
empi eval 928.04!
� '. ""���..�...��� ... .��'�� �..,._..�"_"'� ..�""'�...».�_��. ......��.».........<
-.� .. . . . ��... .
city cie2»up 4f8.iDQ1
.__._._.__----.. .. _ �may�vc._._...._�...,_..._.._-------.___ ..___. _.._.i1:29 - -..__ __-v-
may �vc 71.19
may �vc ?f.29
_ _._..__.__..may...��_._�.__ .�....�.__.._.__._.. �_.45.20 ... . ..___ _._.____
, 6?6. 77
may �vc
rprs
'f 3l�'Y� ptZti}V2Y�s�""`----
discaunt
, ;���`> ' ' .
�
79. 50 -
'79:'S0 --'
�
122. 79
122. 79
4.48cr
0
14 Jurs 1 �_ "
Fri 8s27 AM -
� Temp Check Number 39 ,
z '���sectt ��,°'�' ,;� . ' � � .. . .
, `Numb�er� �Veridor �IVame , < Accbunt Gode •
4
e 39 Minnesota Teamsters loc 3C0 iDl-2Ps75
a , __
� =� ~: >�»•r;�,,: �. . �,,,.., .s � . -, . , � . � . .
s r M" 'Sota2s G`Tema •-Checlt IVue�ber - 39 '� ':
P.: XR. +. '. . '
p ' .tf�"'r .. � a: , ,. .F�, ; ..
1 O ��� -.
11 �
,x 40 Minnesata Torcr ir�c _ 01-4330-490-70
,a . .• '_ :�
��
sa �_. � , 40 - s • .
,a �,`�" iatals Temp ChecFc Nes�aber 40
,a ��
„ Temp Check Number 41
,a
,o e o Co mrr�"'--""'"—""`07=�+330=D00=0@'
� ��;.�, � '41, `, . . .
p €cT{i"NurnU'e�""' 4�—"-----
'Temp GhecFt Number 4c
Cf�Y�., r- � .
.._ — _ ...�._-- • ----.M._._ _�. .. - -- __..
, ;.�"�.42 North Star Intl 01-4330-490-50
,�•k --k . .
Glairns List
City af Me»dota Meigh.
Tatals Temp Check Nuaber 42
-� r. -•a.;:•�:,%, , .
' i� 43 ,Noi^thertt
�i3'31SR't e'�"rn '— "-
43 Nor�hern
�G� �T.y --_....
:<;Tatals 7emp Check Number
^�; ..r�:
_ m
440UWS
�.r �. � � Z: .Y. - � .
i�y4%'+. - ' +
:«.�„- r4ko <; ; ... .
,..... .
.,�4Tp�als Temp Check Number
Temp Gheck Number 45
�»;,.� , fl —
��»�`���-;45"��Kjrgen"Serv.ice Co
-;�"� � �r.� y:r:ti;�, � �
Totais Temp Check Number
Yl, A�4r6.`Pub1!ieW;Empl rRet Assn
0f -k305-07Q1-70
""-�0 r�t365=�D50=50
01-4330-490-70
43 , '
08-433S-jd00-00
44
-01-4305-�30-30
.r , R.� .
45
.:• . r _ . "
` . 01�-2074. - .
Page 7
�
- � • ;:
Comments pmount -
jtlYt dLt95 2�$.�iQi t
------ �
_..—.._.�._._...__._......�__._ .._.__.._.--- '
2'78. 00___�._..�.._.�....__ _...__.._..__ _._._-- - , -.
' . :< �
i, � :
part s 608. 21 t; �
Es08. ZI .•
__�__�.^.�_._.__.,_�1tri`mten"..---_____.__ .__.____.____.._ �.62:40--_�._.._..._ ,_._—.___----__. �,, /
62. 40 ;'
parts �@.99 .
...._ _. _.._..._ ... _... .__. .�_._ ..._ -•--•-- ---� ----- --•�-�0.99 _ _... __..__ _. _._. .. -• • •- --.'
._,.
��a� a
. �
___ ._ _---�. _._ _ . _..------,--.__._... ._ _... __ ._....._---_.. __.._._.... ..._.._...________.__.. .__ __. _.._�._, �
� � . ' r•�
snl ys 90. 48 .<�
._____..w__._._._._.-_..._�P1.ys..-•-------__.-_......__---�r.._..._...._.�8.51"-.,.. ._.--:•- ---• -- ._._----.__---
:<
solys 87. 30 ••
��..��� 4.r^.
. _ __ ._.....__ .�. «, _. ." _..,»'" '.... . ._ . ..�_._........_._..._...,�....� � ......_ _.-._..
_2i6:29 ..� _ _ . .__,._.__._.._�-.'�
- • �''"�
ei�
_�._��--' ---�... _..__ ....��,._.'-' - - "- -- --__._. __. .».. _. �__. _--•- -- -. . — _ _. . _ ._ ._ ._. ... ._ .-- -' —• - ---"-- — -x
�•
• may svc 89.�d3 L
� ..�_ ��...�. ��� �...� .s���� -��.� �..��.� �4
&9. 03 :�.F�
act thru S/31
un
13. 50
���
108. 00
24 J U19 2 = .`
Fri 8:27 HM
•- Temp Ch�ek Number
2 Chec3t � .
, Number Vendor Name
,
� A6 Public Empl R�t As�n
a 46 Public Ernpl Ret Assn
r:: 138 �
: Tatals Temp Check Numtxer
Temp Check Number
. crao uz e
�. ..._
,,E, k7 .
_-?:�..;.
x:.�r �48 Snyder Drug Stores
_' A$ Snyder Arug 8tares
� �i��IIl'�Llg 5 o s
144
:�`at'a3-s-T�mp-Gheck-Numb
:"temp Cheek:Number
46
47
48
49
k9 Southview Garden �nter
_ ��.
'�J��Tatals 'Temp Gheck Number
.; .
1`etirj�-Ctrnelt"iVum#s� fi �
S0 Statian Nineteen
�,,'�, a°'0
' � Ta�als�Temp Gheck Number
7emp Check Nurnber
�'�%.."- �� ��1'�t'at�e-Mutrua�-Sns---�
�,�;':::a �� ' • " . .
„aa:
Teonp Check Number
?4�� �&' � •' .w' �1. �.. `
�� .�^,w�Y'G� -$UY1'.�Sd1E"�'a. .
��%=`z,> :.:_ , � �s :: � ^ . -
Tatals Temp Check Number
?;��;��53.Ter.miynal�,Supply Co
51
C2aims List
City af Mendota Meigh�
Rage 8
. . . . _._ _ __.__...---._ ___,..._. .._ � ...._ ; .
Account Gode Comments Amount `=1
0i-413f-110-f0 .�—._._-.� �un Prem �^.�___�_.._ .._..._.___.:___ 9=Qt@...__..---------_.__._ ��,
01-4131-020-20 -_.... ...�._ Jun prern _ __._.._—_._------- 1�.00 - ------------ i`,
' � ' 1^c9. V10 t
46 � " ,���• •
_�..____..._.._r._.�_____._.____...-.__ .___..._..___._.....,�_. ._._ - - -------.._�_._.� .__�_. .___..__.__.. _...._.__._ �;
�;:.
-01�'Yt220=-'085=85 ..__�____... --�ity'cleanup--__..._�.__ _ .__ .___.....-- ----• - -30P1:00- .._--- .__._ .. _ ._- .._.._.._._._..___:,-:
. 300. 0@
A7...__�_._ ___....__. ._._._ ..._ ._ . .._____ _.. ____ _ .�---__,_.,_____.. _.__ ___---__..-�__.__..._ ___
�� =
01-4305-070-7fD splys iQ1.52 =� •,
0f-43@5-tII30-30 sPlys � �.03 .;
-01�f305=030=30---------__.__...__.___..�Q�9� --_...___. ._..,._._.__.-----_--•--18:40.._--.--..._----_..�.._..._______?�
33. 9� �-
;
48 --------------__---.�___._ .�_��.---------- ___....._ ___. _._....__,,.�..----- ----------• -
, • 3:.
. _—____..... _.-_____._.__.�.___._.. __---_.._..-_._. _.�...._____-. _��--,-----�..._ .i:
01-4330-490-50 � sod • 40.49 `y
. ,.,_� �;. •
_ _ _ ._._ . __ �__.......—___. _.. ....____._.___.. _40: �49-----------._..._.-._.._ _
49 ;�- .
09-4460-000-00 re kens park 500.0Q �,f�
-----__,.__..__._._.____...._.._.___ -.---__-..__..�.________.�_. ....�.._____ �._._ _�a�.-- __� .______�:`,
500.00 � • �no'
50 • -,G.
� �.__ �.___.._�__ �_._..---�..._ __ __-____.__�_._ �_..__ ______�_ _�
' i„
� ��
-tdi �t23�E0-�2tA_ _ .�_.�an--prem� ._�_._- ---1-3i.�4 �. _�.��_;i
. �,i
137. 54 �=`;
01-4305-050-50
52
01=4305-050-50 �
solys
splys
46. 59
115.97
�
•- 14 Jun 19 "
� Fri 9:27 AM
:� Temp Check Number 53
�;�., . ;: .,, .. ,,N -----
x �.:�Gh'eck;�: �,,,�' : '
a ,Numti�r;Vendor Name _i_�__
53
�"C-'d 1T�"T�7d p" `C t 5'
Temp Check Number
54 Tractor Supply
Claims List
City af Mendota Heigh►t_
Accaunt�Code
Page 9
- o �.�_...._. {,
� )_i
�.__.__�__.. �_.__�omments T• •--� ._. __y. Amount � .`-Y-- - � '' I
_..,____ i E
' 11 S. 97 .' :
�,
_.....,__ _... _...53_ _.......��.._ ____.___�._ �..______�.._--�--- -_._._ �__...__ _ --. _ _ �. _._. �_ ._ ._.... .----•--------..- • f .
� " �r'1
54 "r`
�....._��...� _.....�, ---_____ �....._,_._.....-- - .__------�----- �-----,_._ .___._�___ ..__.� ....._.. �. ... ---._.__,_. _.____.._. .
QES-k305-07tII-7Q1 sp1y� 87. Qt3 ..... �•-•
---.__.__.._.__._.__...__�_.._. _�.,.._—�.....-._._...._.__ _ .____ _._._....._.._.r__.... _____....�_. .._._,__.,.._._.. _ __---. __..._._ _.__
�3__._.._ _.______. .,:
�`�� Tctels Temp Checlt �tumber 54 . ' _ �
.�: _
�'em ec urn er ----5g-- -. ...—�_.._Y��--_... _._.._._._`__._.._�----.----._....�..._.._..__.__.---_..,..____..,__�.._ . _.__.._..._.�.__...__:----.;�
55 UniFarms Unlimited 0�-k410-QiZ0-20 solys 111b.65 ;Z��
n orms'"Un�3"miteci�--- -��_-01�+"410=020=2Q1..-_.._.__._ ._ ----_._ ,....___.�piY�, __.,.______._�— _._.._ _..._...._�.e15.-09___._.._�. _ _.._._�._ ._ �
`'-�'�°�'.31@ � 125. 74 ' .?,;, �
„ - - - - --... ..-. •---..�.._ __...._.__..__._ _.._._. _ _......_._. _ ..�____ ___.__. _ _._ .._� ------- -_--._._._....
'�i'�2 emo"Cfieck 'iVumtieS^ ____..__._ ._Ss�.�_..._�_._._.____._ �_ . __, ... i>4,
, � _,
Temp Check Number. 56 . ..
av�'„y4S6 U S West Cellular 01-4210-030-30 ,�un �vc 13.50 � ��^ ����.•
�'��'�'.55�i1 5 Fiest Gellular 0l-421�D-Qi2id-^cfd 3un �ve 290.92 ':'.
s "C�'1'1tTa11a3^ ___ _..___�_"01"�-'r►'cl'0='1'10=10_ ___._._._�._ _ _...__ ... ..._. _ �un' �Vc --__._..__...._-----___.�....._____._ ___�;9."12 "' ----.,__.____._.�__.._._.w_. .�_ ;�
56 U 8 West Cellular 05-k�10-105-15 • �un svc 1.94 �•
r
_�� .
��► -.___ ___.....,__�.. .� ,..- --.�.�.___ ._ ._-_...__ _ ...� : ---�-•---._.. ____.....__...._ ..._215. 48 ""'�---- - - -- ---•- - ••---- j;:�l
�;,;�^._Tatals Temn Check Number 56 •-
^t ,:.
� � i
., a a;
pec um eri --....--._...57 _.__.___.._�.�.-.___. ...._..__._______.._. ___...._..�.___ _._......_�._.----.�_.�__...__.____......_...__..____.._.__.._,.._ ..___. __.___�__.....�__....._ f;�i
57 Winthrao & Weinstin� 2f-422fII-f�C0-0P� re turners 783.0Qt ''
t?F
�..____._..._ ----._- - -••------- ---_._.�..�_.---_._-.._..._...��.. --•---..__..---•-•- --.._.. .._._.---�_._.__..._,_.___.---_._--- �__.___.......____. _.r. _- - �------------------ -
�� __ _.»_ --
������ , 57 • . 799. 00 - . S�j
<.�y .i'atals Temp Check Numbe�^ 57 �__)
� sTotal
��:�: • � ..
, 'a;'.
.. } "`
, s; �
. .� >.
� ' .
-------�-
_. _. _.i$;?45: BI-_ . �' .
m
Ads ,
. N<�, }�` +�
SK � ,
�iVJ��{_..5 . . .
�"�; �;� h
-�; ;«�';�: 'bu; � ;;; ., •
r�:;� �,:%,: :i• , —
E�.��i���` `px: r"'.i�� ..
. y�
>�uK'y�`s;�'`�'�r't��`,� •
,�:�::; €.. � �
` � :�;, .. .,
. ;°�, •
.MAHUA� CHEBlCS
_..�..._'__.�._,.__�....._.__.__.... �_'_�...u.. _"
� 15857� `���7.Ob Leona�Gordong �������� ��refund�golf fee
15858 10.00 MGFOA ' addtt dnes
^__.� .._15859 358:87 Oak Crest . May_syc �
, _. ' __— ___� �-- -� 15860 �-�-�"" 15.00 "��Connect Inc'— ��
..._._......_._._..., _____.__.._.__..__._._.__.....
15862 3,812.93 State.Capitot C U 6j7 payroli
_ _ y___� 15863 1,000.00 Oavid & Rita Ayd___ __ refund Qradiqy_escrow ___�.
����5864 1�,0�3.2p��Dave Qlmstead wc wages ,
15865 �26.63 Oisons 6reenhause pd
--�—_�-•—_ - 15866 8,776.82 PERA 6/% payroll __,,_._____._. --
� 15867Y•-•--- •i3,84 -- � "-•___._,�.___.___�__..�� ��
15868 985.00 Minn �tu�ua3 • � "
---__ ,—_...,_,___._._____—..._.._.�__ 15869___. . 1,155.14__ ICMA__..� _ _. __.. .. _ .�_. _ „
15870 245.00, Minn State Retirn�ent � �"� ��� �� ��
15$72 250.00 �r8at West Z& A "
......_..�_..___�_�._......_ i5872 266.40 Dakota, County_ __ ...__.._._. "
� 15873 3;740.61 Ca►m Revenue '---"_ �� _,._ �—___..___
15874 405.40 Uakota Barik "
� __..__._�...._ _ 15$?� 16.:�19:19.._". , _..__.---_�_._._� " __....__..
15876 47,421.24 �Payroll a/c� "
.. _._ __.__..--•- ---�–)'�28�.85 ' ._...___�...,_._._._.____�...�__._.._.� ____. __�_ ._._�__ ._..._____.�...... 'i
' �a2
_..__._.____._.___,_....._�----_____._..._G,T.__.. 105,026.66.__ .___ . ._.__ _. ._ ._ ._ _...._�._._,.�_�. ___.___ __ _. _..� _�._..__._. ----- 2«�
. . . - - • -------7;-
---._._..__.._ _. -- -•-----�_.._.---.----.----.._..---.._.. ___..,.._.�..___ --•----.__... .. .. _ __._.____ _._,..�__,�_._..------.._____.._._...__..___._�.-----•- `�,`
. I`O•
• — . 'DO� •
.. '_14•.
. . ..�.� ...,..e �.... � �t
.a�
�p_..._--------- � _.��._..�---.._ ---__�..---__._�...__— -------- — { ----�—._�_—� -- i�
� '�..*" ~ `
<':���%'"� , � <
CITY OF MENDOTA HEIGHTS
MEMO
May 29, 1996 .
TO: Mayor, City Council and Interim City A or
FROM: Patrick C. Hollister, Administrative Intern �
SUBIECT: Case No. 96-16: Timothy Stovern, 2277 Copperfield Drive
(Wetlands Pernut)
Discussion
Mr. Stovem built the house at 2277 Copperfield Drive and is representing the Rosenblums who
own the property and have applied for a Wetlands Pernut to enclose their rear yard with a fence
about 4"-6" from their side lot lines and 25' back from a pond. The Rosenblums desire the fence
for the safety of their sma11 children. (Afterwards they intend to replace any damage to their lawn
with fresh sod.) .
This item was tabled at the June 4, 1996 meeting of the City Council in order to a11ow Staff time to
examine whether or not free passage of people through their back yard and around the pond would
be obstructed by the proposed fence and to research the history o£ similar applications in the past.
Mr. Stovem intends to build the fence 25' back from the pond, which will leave plenty of room for
children and others to wallc across the back portion of the property. ('There is, however, a fence a
few doors down from the Rosenblums which extends all the way to the scenic easement, thereby
inhibiting free passage through the back yards.) The issue of free passage was raised in Planning
Case No. 92-28 (Alan Milavetz) wheri a fence was proposed on Copperfield pond and the adjoining
neighbors desired free passage for their children through the back yard. The applicant complied
«rith the request by constructing the fence 4' from the scenic easement.
Mr. Stovem and the Rosenblums intend to be present at the Council meeting on June 18, 1996 to
discuss the application.
Recommendation
The Planning Commission on May 28, 1996 voted 5�0 (with Dwyer and Friel absent) to
recommend that the Council grant a Wetland pernut to the Rosenblums.
Council Action Required
If the Council wishes to follow the Planning Commission's recommendation, it should pass a
motion adopting Resolution 96-_: A Resolution Approving a Wetland Permit for 2277
Copperfield Drive.
�
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING A WETLAND PERM�r
FOR 2277 COPPERFIELD DRIVE
WHEREAS, Mr. Rosenblum of 2277 Copperfield Drive has requested a wetland
pernut for a rear-yard fence, as proposed in plans on file in Planning Case No. 96-16; and
WHEREAS, The Planning Commission of the City of Mendota Heights, at their
May 28, 1996 meeting, having received all necessary signatures of consent, decided to
waive the public hearing on this application; and
WHEREAS, The Planning Commission voted 5-0 (with two members absent) to
approve this request, as proposed.
NOW, THEREFORE, IT IS HEREBY RES�OLVED by the City Council of the
City of Mendota Heights that the wetland permit is hereby granted, as proposed.
Adopted by the City Council of the City of Mendota Heights this 18th day of 7une, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Chaxles E. Mertensotto, Mayor
��
CITY OF MENDOTA HEIGHTS
�� �
7une 4, 1996
TO: Ma or Ci Council and Ci A������tor �
Y � tY tY
FROM: James E. Daniels
Public Works Direc o
SUBJECT: Mendakota Fence Request
ffiSTORY:
In 1988 City Council approved a Conditional Use Permit for a Planned Unit
Development (CUP for PUD) to allow Mendakota Country Club to develop their new
clubhouse. In 1989 a CUP was processed amending the PUD to allow for the constxuction of
security fence (minutes and resolution attached). This approval was for a fencing plan that
was to be completed ia three phases. The first phase of the plan was constructed at that time
and it is now in place. Phase II was to protect their driving range and to finish the fencing
adjacent to Dodd Road. Phase III was to install fence adjacent to �Trunk Highway 110. _
One of the conditions of approval was that the fence not be vinyl, green coated fence as
requested, but be plain, silver colored, galvanized fence with vines growing on them. The
plan also provided for improved landscaping near the fence. The existing fence is silver
colored, galvanized fence, however the vines have not survived very well and now are only
partially still in place.
DISCUSSION:
Currently Mendakota Country Club is having trouble with children from Mendakota
Park and the neighborhood entering the practice driving range area to steal golf balls. The
club is concerned about the loss of a large number of practice balls and for the safety of the
children. They do not want children "down range" during times when golfers are practicing.
They are also concerned that the balls are an attraction, inviting children into crossing the
street from Mendakota Park. Mendakota. Country Club requests to be allowed to complete the
portion of fence separating the practice range and Mendakota Drive. They also request the
following changes from the original approved plan; 1) That a black, vinyl coated, fence be
substituted for the plain, silver, galvanized one; 2) That the portions of Phase II fence located
adjacent to Dodd Road and located north of the practice range not be constructed at this.time.
�
Their mquest of Council at this time, is to he autharized to construct a black, vinyl
coated, six (6) foot high chain link fence to be located 15 feet behind the curb adjacent to
Mendakota Drive. This new fence would extend from where their existing fence ends behind
the City's fire hall, westerly to their entrance sign. Representatives from the Mendakota.
Country C%ub will attend this meeting ta present the details of this request and answer
questions.
ACTIQN REQUIRED•
Council ne�rls to determine if they are willing ta amend the conditians of Resolution
No. 89-86 ta allow for a black, vinyl coated, chain link fence ia lieu of a silver colared,
galvanized ehain link fence and, if they are wiiling to allaw a reduction of the scope in the
Phase II fencing plan. If Council is willing ta amend the CUP they should pmcess the change
as a minor alteratian ta a PUD under Zoning Ordinance, Section 22.Ib{3)a {see attaehed).
'i��
�
�..
�� , . ,� i • "• .• � ; _
�.q� � ; �' ti1'"Y�.,r,K ' 'r`'�� �-'J`�`�`'l�.l�„` n '�.,�..."..,J •�-' �•�: o'. � ' � � � � _
• � � � (
~ °p � �,�/� � •s °� t �
+yo�� f� �+�+y• ` -� �� so .�+re . o..»..N.o•o.• y � N i
pm�ooia oeaovu `�' +1�'1�`� s�;�• oer��r m a o�� � s � 1 I t1
�s�s�� ea• �er�oo sd� � • 1 ( 1
• �
,� ��• ���`�e 1 ••
.{.t -1�,,•-. t.t..! �` � e � �� • f 1 t
�J'- �, do s .
�� �0 1 •o
� 'o�� � � �,I
����m+ Oa'•°'° r°" l i � _ /,— ' _ � �
i 'I_ . T'.
• w . . o (�.. f.�v v^r-.^v"'J r • � � • - / • ��.�--�--�'C"� L
� Yy"1r^G'�rs'� a�o o p� s� s�� r� e s s� aM� ��� � �� ~�l ���• J+. �QA'�JI$'.'Q. J..` a� � idixihdidi+tM1��N-�-��,�^
...... .�.vp•�yrso-envrr�ovca�q�rveasew�.�+..t.--�. _"__. �....it�..��'���,,! �°�_9�.tt a '
��eU�� I ��.n�• ■• �'�W`'MY'Y Yi!"t ! . . i
9�
� � � — ` tl' � � 1
.�, . , , }� , " 3 {
. -�;' � ,� 1 ' 3' ;•' ,� t 1�
�1 MENDAKOTA �.S � �"` i ti o—
� � � �� �� � COUNTRY CLUB AND '� ' : � 's �: ! # Y s ,
�` GOLF COURSE ** ,� . . :+ � i' �� i ; 7• `�. i
$-----------t;i-�fj__� �. i , ,\� �} �� �r +_. ^�� ��'. ,
� t �� �
--...,..�.. PROPO�aED � F ��.-- --�
"' FENCE � f�'
s . ' � � �r, • � y'
� fix� ��� - '.� •�' . d► /= -�`- -
� �� : �.�� � �, � �� _ ` � ,,,�'�"� � ,
` ry / y,[�,/ '�
� FN ` � , / r � • I ' ` ~ ` ��,'��� '"�' �.. � � _. ^- .� ,ti �
/ � .+ �. � � � Y � � 1 �
� � ��.,.,,, .______._..� ��� � t' '.. `` '''" f 1� � a � �
� Y� i �.; , "`. !+ t d
� 2 _., i ^ i t
• _ y 3 ' ;'� i N`,, � �! '4 ��Y� i
�"' ro ��� ,/Q �� . /!� � I �t rra ;4K. � I� 1 � { �
"1J � � { �t
� � ' — -- � � �� � �ry r MENDAKOTA PARK � � �
Gi O •S �`1 ' � ''� I ( t ~ ` � � j �� ! � ; i
Cl� ,,,,.� � w„� � t� , f �•• t+ � ,
�� I�''
�� ('�; �
�, d 4 r � � � � �4�"� fl l �. ;yr t x-�'-�.'�.,.+� v 4.a ....r - tr� ; -w-*�' �t � ! �
� C� i1,1 � � � t. \ �i� i��1c ,_ — ,:: -: - . or�9�o � + i `
�' H � � / . .. � - .- �„x ,, .. s E. 'x-�c.x-x 1 � , � ' ! f
w O � , — = — _. . �t ' ' �' ; � ''a-x-� � 't )� � ' r i
t' !! C� •j I t� I
.: � o � � `' ` :' � �. ,,� '� � � t
�; ; il t �� � �
,� C� �r' . _—•.:� � � 1 � a �
� H --•- 2� � . .• •� � _
� � ,� C
; : !.-t �'J � i 6 y, ,/ � } / � -
�i �^+"' [sJ � � `l !� • i . �' i 1 —
� n �; //i .. � . _ . r � � pt
� �; f!! `.� � _ _ � �-�.�..,...,+ _ _ , • " ' � I �
a? �,, �.,,� � � j�/ Or�P'!g+ � A ..,_•.,ti,,.+..,v�,n�/'���• :_,-.,.r�'-^-'��..t,...� M, . � �
� � \t r „ � C - �
7G' 01 i a ,, !� ��"".. �.-v.-.^v,r:,r,�c1cY-+t'. r'c •. .' ��.
r
�
22.16 CONTROL OF PLANNED IJNIT DEVELOPMENT FOLLOWING
COMPLETION
22.16(1) The Council shall issue a certificate certifying the completion of each phase of the �
Planned Unit Development, and the City Clerk shall note the issuance of the certificate
on the recorded final development plan.
22.16(2) After the certificate of completion has been issued, the use of land and the construction,
modification, or alteration of any buildings or structures within the Planned Unit
� Development will be governed by the approved Final Development Plan and the
Development Agreement to the extent that they may be inconsistent with the provisions
of this Zoning Ordinance.
22.16(3) After the certificate of completion has been issued, no changes may be made in the
approved Final Development Plaa except upon application to the City Council under the
procedures provided below:
22.16(31a Anv minor extensions. alteratio� or modifications �vithin the building envelope of
exisfing commercial and industrial buildings or structures mav be auth�rized bv the
(� Ill ��f they are consistent with the purposes and intent of the Final Development
Plan and such authorization shall be by the affumative vote of four-fifths (4/5) of all
members of the City Council. No change authorized by this section may increase the
cubic feet of any building or structure by more than ten (10) percent.
22.16(3)b Any uses not authorized by the appmved final plan, but allowable in the Project Area as -
a permitted use under the provisions of the Zoning ordinance or permitted as a
conditional use in the zone in which the Planned Unit Development is located, ma.y be
added to the final development plan under the procedures provided by the zoning
Ordinance for the approval of conditional uses.
22.16{3)c A building or structure that is totally or substantially destroyed may be reconstructed
only in compliance with the Final Development Plan unless an amendment to the Final
Development Plan is approved pursuant to the procedures for approval of a conditional
use permit under this Ordi.nance.
22.16(3)d Changes in the use of common open space may be authorized by an amendment to the
Final Development Plan pursuant to the procedures for approval of a conditional use
permit under this Ordinance.
22.16(3)e All other changes in the Final Development Plan must be made by the Council, under the
procedures authorized by this ordinance for the amendment of the zoning ordinance. No
changes may be made in the Final Development Plan unless they are required for the
continued successful functioning of the Planned Unit Development, or unless they are
required by changes in conditions that have occurred since the final plan was approved '-�' `" "
or by changes in the development policy of the community.
(4oi) u�
Aye�; 5
Nays: 0
HEARiNG- MENDAI{C?TA
COUNTRY CLUB FENCE
AND SIGN PERMIT
Page Na. 2635
August 1, 1989
serve the Mendota Heights Business Park (Big
Wheel site}.
Ma�or Mertensotto asked how the addi�ional
900 faot watermain extension necessary to
improve water pressure in the area is to be
funded. Treasurer Shaughnessy responded
that this is a system improvement to provide
looping and that it has Been anticipated
that the associated cost would be financed
by the Tax Increment District.
Councilmember Hartmann moved adoption of
Resolution No. 89-88, nRESOLUTION APPRdVING
FINAL PLANS AND SPECIFICATIONS AND '
AUTHORiZING AD'tTERTISEMENT FOR BIDS Ft}R
IMPROVEMENTS T4 SERVE BIG WHEEL AUTO SITE
{M.A.C.} AND ADJACENT AREAS (IMPR4VEMENT N4.
88, PRCkTECT NO. 3)," and scheduling af a
special meeting on August 22nd at 5:30 P.M.
for review and;award of bids for the
prajec�.
Councilmember Cummins seconded the mation.
Mayor Mertsnsotta opened the meeting for the
purpose of a continued hearing on an
application from Mendakota Country Club for
installation of a security fertce around the
Mendakota property. Mr. McGivern,
representing Mendakota, was present to
answer questions.
Mayor Mertensotto informed the audience that
the Planning Commission considered the
matter and recommended approval of an
amendment to the Mendakota Conditional Use
Permit to allow fencing araund the property
lines with conditions. He stated that the
proposal has been to use green clad fence
alang part of the property but that Council
has indicated its preference for one color �
for the entire fence so that it is uniform.
Mr. McGivern responded that the Mendakota
Board would prefer to put green clad fence
along Dodd Raad, but that the Baard is nat
strang on the point.
Mayor Mertensotto asked for questions�-arid
commen�s from the audience.
_ - .,.....
Ayes: 5
Nays: 0
Ayes: 5
Nays; 0
Ayes: 5
Nays : c3
IiEARSNG: INDEPENDENT
SCHOOL DISTRTCT 197
TEMPORARY CLASSROOMS
m
There being n
Councilmember
be closed at
councilmember
�
Page No. 2636
August 1, 19$9
o qu�stions ar camments,
Cummins moved that the hearing
8:20 P.M.
Witt seconded the motion.
Councilmember iiartmann moved adoption of�
Resolutian No. 89-86, "A RESOLUTICiN AMENDING
THE CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTI4N t}F SECUR�TY FENCE," for
Mendakata Country Club, as amended to
include the condition tha� the fence be a
uniform galvanized fence along all praperty
lines.
Councilmember Cummins seconded the motion. ,
Council considered and discussed a proposed
revocable license agreement, as prepared by
the City Attorney, for the installation of a
Mendakota sign proposed to be lacated on
Ci�y property near the Fire Station.
Mayor Mertensotto noted that the agreement
which would allow a five foot sign could be
revoked at any time conditioned upon 90 day
notice.
Counci].member Witt moved to authorize the._
Mayor and City Clerk ta execute the
Revocable License Agreement for a five foot
high sign. ,
Counci.lmember xartmann seconded the motion.
Mayor Mertensotto opened the meetinq for the
purpose oP a public hearing on an
application fram Independent 8choal District
297 for a conditional use permit to
construct temparary classrooms at Mendota
School.
Ms. Lois Rockney, representing the Schac�l
District, stated that the District ha�
experienced a cansiderable increase in
enrollment over the past two years and would
like ta construct two portable classraom
facilities at the northwest carner of the
Mendota School building, anticipating that
the classroams would be on tha �ite for four
to five years. She in�ormed Council''that
the District is currently praparing a study
on f�acility needs. It �s proposed to
. . ...._.
t
.�
CITY OF MEND�TA HETGHTS
Dakota County, Minneso�a
RESOLUTION NO. 89- 86
A RESOLUTION AMENDING THE CONDITIONAL�USE FERMIT TO ALL�W
CONSTRUCTIdN �F SECURITX FENCE
taFiEREAS, Mendakata Cauntry Club has made application far an
amendment to their Condita.onal. Use Permit ' to al].ow for
canstructian of a•security �`ence along their property line; and
WfiEREF,S, the Mendota Heights Planning Gomma.ssion conducted
publa.c hearings on June 27, 1989 and Ju1.y 25, 1989 to consider an
application for an atnendment to a Conditional Use Permit ta allow
�or construction of said �ence; at�d
Wi�EREAS, based upon the public record transcribed on July
25, 1989 the Mendota Heights Planning Commissian recommends to
the Mendota Heights City Cauncil that �he amendment to the
Condi.tional Use Permit to allow for canstruction of said fence be
approved conditioned upan:
2. The enhancement af the fence with graupings of vines; and
2. Plantings af evergr�ens, hardwoodsr and shrubs, to
camplement the vines, are ta be performed on an annual
basis, in an approporiate manner, similar to the existing
p].atttings along Highway 110; and
WHEREAS, the City Counci�. conducted a public hear5.ng an
August 1, 1989 to cansider the application to build a security
�'enc� and wishes the fence to bs galvanized' and unifarm to the
exis�ing fence.
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of
the City of M�ndota Heights that �he proposed amendment to the
Conditionai Use Permit wouZct have no adverse effect an the
health, safety and general welfare af the citizens of the
cammunity ar surrounding land;
BE IT FURTI�IER RESOLVED, tha�. construction of said �'ence
would nnt be adverse to the gereral purpose and inten�. o•f �he
Zoning Ordinance;
I3E IT FURTHER RESOLVED, ihat said amendmen� ta �he
Conditional Use Permit to allaw for construction of the secur%ty
fence be approved as presented and proposed; on the condition
that:
].. In the ,�Spring of 1990, groupings of vines would be plan�ed
every f�ive to six feet along the 600' oi fence along Dodd
Road as prapased; and "� '
Pg �-
�
�
�
�
M
s j
', 2. This would be �upplemented by plantings of evergreens,
hardwoods, and shrubs, on an annual basis, in an appropriate
manner, similar to the existing plan�.ings along iiighway 110.
3. The type of fence be a galvanized ct�ain ].ink fence. .
Adopted by the City Council of the City af Mendota Heights'
this First day:of August, 1989.
CITX COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
f �!��_
K thleen M. Swanson
City Clerk
0
. Pg �
�,
by '
Charles E. Mertensotto
Mayar
c�
�
`
CITY OF MENDOTA HEIGHTS
MEMO
June 10, 1996
�
TO: Mayor, City Council, and City Ad 'strator
FROM: Patrick C. Hollister, Administrative Intern
SUB7ECT: Building Pernut for Manna Freight
Discussion
Mr. Geiseq representing Manna Freight, attended the June 4, 1996 meeting of the City
Council to discuss their plans for a warehouse on Enterprise Drive immediately east of
BDS.
The Council voted to grant a Foundation Permit and Concept Approval for the size,
location, and shape of the building presented in the application, subject to the following:
1. The submission of an improved landscape plan
2. The submission of an improved building design featuring more architectural detail on
the office portion of the building
The Council also found that the externalladder accessing the roof of the warehouse was
unsightly from the street. The Council requested that the applicant find an alternative
arrangement to access the warehouse roof. (Staff has since deternuned that although code
requires such a ladder, it does not have to be on the outside of the building.)
Mr. Geisen has since submitted the attached materials featuring the following changes to
address the Council's concerns: —
l. an improved landscape plan
2. the removal of the exterior ladder (to an interior location)
3. more architectural detail around the windows on the front side of the building and the
addition of rock face, decorative block on all four sides
4. a hoop sign with conforms to the United Properties sign plan
(The scuppers have also been removed from the front of the building.)
`
Staff has also received verbal assurance from the applicant that the rooftop utilities will
not be visible from the street.
The attached plans have been reviewed by United Properties, with the exception of the
e�erior colors. United Properties has approved of all aspects which they have reviewed.
All four sides of the building axe to be treated in decorative "rock face" block. The �
applicant will bring samples of the exterior colors ("sahara", "tan", and "rose") to the
Council meeting on June 18, 1996. The applicant claims that these colors will
complement those of the nearby BDS building.
At the request of United Properties, Manna Freight has moved their sign from the side of
the building and now proposes a"hoop" sign set back 20' from the property line. This
sign arrangement conforms to United Properties sign policy. W'hile the City's Zoning
Ordinance requires a 40' setback in the industrial zone, the 20' setback variance in similar
cases has been routine and the Council may wish to either grant a sign variance outright or
postpone approval of the sign to a later date to allow for Planning Commission review.
Note: Staffwishes to point out that there is a discrepancy between the drawing and the
legend on the new Landscape Plan. Staff recommends that the Council require that this
discrepancy be rectified in favor of the drawing for future reference.
Recommendation
Staffrecommends that the Council authorize the issuance of a building permit for the
proposal as modified, subject to the following:
1, access road and parking area adjustments
2. compliance with all applicable City building, fire, and noise attenua�ion code
requirements
3, correction of discrepancy in Landscape Plan
Council Action Required
If the Council desires to implement the above recommendation, it should determine a
course of action on the 20' setback variance for the building ID sign and then pass a
motion authorizing the issuance of a building permit subject to the above stated
conditions.
�
CITY OF MENDOTA HEIGHTS
�� �
�
TO: Mayor, City Council and City Administrator
FROM: 7ames E. Daniels n
� Public Works D' o
SUBrTECT: Dakota. Bank/Super America Development Agreements
DISCUSSION:
7une 14, 1996
At the Apri12, 1996 meeting, City Council granted concept approval for the Dakota.
Bank/SuperAmerica. Gas Station's redevelopment plans in the southeast corner of Lexington
Avenue and Trunk Highway 110. At that meeting, Council approved the preliminary plat,
Conditional Use Permits, variances and building permit required to allow for the construction
of a Super America motor fuel station/convenience store, all subject to the mutual signing of
Developer's Agreements formalizing the understandings reached. City Staff, the Developers,
and each of their attorneys have been meeting regularly since that date to draft and "hammer
out" the details of the Development and 7'� Developer's Agreements (copies attached).
Please review 7une 12, 19961etter from City Attorney Tom Hart,, that discusses how
these agreements have evolved. Some of the issues that have changed since the Council's
approval and need to be discussed are:
1. Environmental Cleanup -'
The limits of the contamination extend well beyond the boundaries of the
property (under Trunk Highway 110) and the complete removal option is not
feasible. The language of this attached agreement has been drafted to reflect
that change (see Paragraph 10 of the Site Plan and Development Agreement) ��
2. Bank-Ownership Transfer
Although the bank has no current plans to change ownership, merge, etc., in
today's banking environment those things are commonplace. The bank desires
to be allowed some flexibility to transfer or change ownership and not lose Tax
Increment Financing benefits (see Section 1.1 Definitions "Permitted Transfer"
and "transfer" of the Contract for Private Development.
3. Tenant Departure
The existing tenant of the SOS building has a lease agreement that runs through
November 1997. If the Bank is unsuccessful in negotiating an agreement with
that tenant to move out before that date, development of the SuperAmerica
portion of the site will be delayed. The frontage road and the Bank could move
ahead independently.
ACTION REOIJIItED:
Review the attached Developer's Agreements with the Bank and SuperAmerica
representatives, make any desired changes. If Council desires to approve the Agreements,
they should pass a motion authorizing the Mayor and Clerk to sign them on behalf of the City.
Attachments: 1.
2.
3.
4.
S.
6.
Resolution of Appmval
TIF Financial Memo
T� Business Assistance Form
Tom Hart Letter
Site Plan �and Development Agreements
Contract for Private Development (T� Agreement)
t
CITY O� MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-2a
A RESOLUTION APPROVING A C£iNDITtONAi USE PERMIT Alt[t� VARIANCES TO
ALLOW THE CONSTRUCTtON OF A SUPERAMERICA MOTOR EUEL STATION AND
CBNVENIEt1�CE STQRE AND BANK WITH A DRIVE-tN FACtLITY AT THE
SOUTHEAST QUADRANT OF TRUNK HIGHWAY 110 AND LEXINGTON AVENUE
(pf.ANNiNG CASE NOS. 96-05 AND 96-U6)
WHEREAS, SuperAmerica Group, lnc. (SA} and Qakota Bank have made
application for a Conditional Use Permit allowing a motor fuel station and
convenience store and a subdivision and the fo!lowing variances:
1. A 27 foot setback for a car wash (60 foot required).
2. A 58 foot setback #ar a free standing monument sign {fitJ #oot
required).
3. A 13 foot parking lot setback from the north {T.H. 910} and an 8 foat
setback from the northwest (20 foot required).
WHEREAS, ihe Mendota Heights Planning Commissio� conducted a public
hearing on February 27, 1996 to consider SuperAmerica and Da�Cota Bank's
application; and
WHEREAS, the Mendota Heights Planning Commissian on a divided vote
recommended to deny the SuperAmerica Motor Fuei Station/Convenience Store
proposal and recommended to approve the subdivision; and
WHEREAS, the City Council considered said applicatian far the Conditional�
Use Permit for a motor fuel station/convenience store and var�ances at their Nlarch
7 and 19, 1996 meetings; and
�
f
� r
WNEREAS, the City Cauncil granted conceptual approval of said
apptications subject to the fottowing conditions:
9. That the hours of operation be [imited to 5;00 a.m. to 9'I:OC3•p.m.
from Sunday to Thursday, and S:Op a.m. to 12:00 a.m. on Friday and
Saturday.
2. That the station have no more than four fueling stations with eight
pumps. "
3. That diesel fuel not be sold at the station.
4. That SuperAmerica and Dakata Bank enter into a Developer's
Agreement with the City addressing these and all other issues of
development brought up by the Counci( during deliberations on the
proposal.
5. That banks wiih drive-in facilities be aitowed only as Conditional
Uses.
NOW TNEREFBRE BE IT RESOIVED by the.Ciiy Councii of the Ciiy of
Mendota Heights that Canditional Use Permi#s for a motor fue! station/convenience
store and variances and a bank with a drive-in facitity witl have no adverse effect
on health, safety, general welfare of the citizens of the community and
surrounding 1and. �
BE 1T FURTHER RESOLVED that the City Council fi�ds that the
SuperAmerica Motor Fuel Station/Convenience Store property is unique in its
shape and location being adjacent to roadways an all four� sides and needing
extraordinary setbacks from all roadways due to it being a motar fuel station.
BE IT FURTHER RESOLVED that a Preiiminary Piat and Canditionai Use
Permits for the bank's drive-in facility and the SuperAmerica motor fuel
stationlconvenience store be granted and the foliowing variances be granted for
the motor fuel statian:
1. A 27 foot variance for a car wash (60 faot required). �
2. Two setback variences required to altow for the construction of a free
standing monument or pylon sign according to its location as shown
on drawing C2 dated 1123/96 and revised 3/5/96 and 3/27/96.
3. A 7 foot variance for a parking lot setback frorn the north property
line (T.H. 110i and an 8 faot variance for a parking tot setback from
the northwest property line {20 foot required}.
4. A 5 foat setback variance from the frontage raad to allow the t��sh --
enciosure to be moved back 'l0 feet from the face of the building {CO
foat required). .
t
All as proposed on the plans in Case Nos. 96-05 and 96-06 with the
following conditions:
1. Because the Council finds that it is in the City's best interest to limit
hours of operation when commercial operations are adjacent to
residential neighborhoods, the hours of operation are limited to 5:00
a.m. to 11:00 p.m. from Sunday to Thursday, and 5:00 a.m. to
12:00 a.m. on Friday and Saturday. '
2. That the station have no more than four fueling stations with eight
pumps.
3. That diesel fuel not be sold at the station.
4. That there be no outside sales or storage.
5. That SuperAmerica and Dakota Bank enter into a Developer's
Agreement with the City addressing these and all other issues of
development brought up by the Council during deliberations on the
proposal.
6. That banks with drivE-in facilities be allowed only as Conditional
Uses.
7. Submitting revised plans that accurately depict the project as
approved.
Adopted by the City Council of the City of Mendota Heights this 16th day of April,
1996.
ATTEST:
;
.
)1 �.c..�,-�_ � L% ; -i �_
IGbthleen M. Swanson�
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �,�. � ��.���
Charles E. Mertensotto _
Mayor
0
.
CITY OF MENDOTA HEIGHTS
MEMO
March 19, 1996
TO: Mayor, City Council and interim City Administrator �
FROM: Lawrence E. Shaughnessy, Jr., Treasurer'
SUBJECT: Dakota Bank - SuperAmerica Tax Projections'
Tax Increment Request on Total Project.
Bank Site Work 5250,000 �
Frontage Road S 169,562
SuperAmerica Site Work S 175.000 C
Total Request $594,562
Less Direct Up Front Payments
For Demo and Frontage Road 5219.562
Pay-As-You-Go $375,000
Base Tax - $7,500
Projected Tax - Bank 554,100 ��
SuperAmerica ,�33"60Q !� —
$92,700
minus Base Tax S 7.500
$85,200
minus Fiscal Dis. @ 30% �2�$�Si
� Total Tax 561,344 x 9=
minus Admin.
Present Value @ 8% x 4%2 years :$370,692
5552,096
S 27.600
5524,496
0
y
r �
0
612-339-6212 BKPR & ASSOCIATES
DAKOTA BANK
BUII..DING COST
MASTER PLAN PHASE
,� �� ����a• �� .�:'�:,:�,���''��"«'�
��� � � �''���.�.��.�s~�' �,:��'
A Lower LeveUFinished
B. First Floor
A. Lower I.evel /F`inished @ S65/S.F. ..
B. First Floor @ S90/S�.
A. Bank Site
A. Bank Furniture
B. Baok Equipment
G Bank Si�na�e
A. Architect/Engineer/interiors
B. Soil Borings
C. Survey
�, �..y.�.w.��....•.. :::r:�.. J�.y� �> �� J �Y J� 'i.�y k
x�yNy � ���;�({q,�jX�n � ��.T
'�a'O.C�%dv `�u���{v'TTT^��At �•.•..�.�If�YtfO��it��CO�i(��i10
(without frontage road and 3A site)
�'� � ������
A. $l1pCf i�II1Ci1C� $1� WO11C
B. Fmntage Road Site Work
C. SuaerAmerica Buildin�
A. Phone and Computer
B. Rolocatian Costs
G Finance Costs
D. Land PurcHase
` 174 PO4 MAR iB '96 15:59
BKPR BcASSOCIAIES
MARQ�I 18,1996
1:1PR0]1DAK1BICOSTI
COST
ix.ii� •�>:.ra• ox-i<: �xr' xx: 8�'o a�`t)"��k';
K�%dlXO:q'MW ' %�% �x�� •
Ewyf.yS�J:4�.vR . �M:MOMY ... >:.y%O't:% . ..'..��:3�
5,000 SF
10.000 SF
.. .... ... ...... . .... ...... ...
.,.,�.....:.�,.,,.,�„���
�� ��_��....,.�,�
:ro:�,• �..... ... ... *.u;.�+s>
5325,000
5100,000
5125,000
S13QOU0
S3,Q00
�� ,.
��
si%$,000
�169,5b2
�
C
JUN 13 '96 12�38PM DAKOTA BANK �_ + P.3� ,
., �
����...,��
: �'�t�� ��:
S
f •
; � �; 1Vtinneso�a Susiness Assistance Form'�
:° �'�- Minnesota Department af Trade and Econoraic Developraent
:�,,_ �a��;
-'�;!�,r +..
Pie:se type ar print fa duic Wc. ' �
l. Ftmd,itt� gov�ammeat ageacy nune
City of Mendota Heights
2, A�eney s�et add�ss , .
IlOZ Victoria Curve
3. Ciry <� Zap Code S. Phoae uumbrr {usa codei 6. l�x numbes {s[es coda}
Mendota Heights 551Z8 612-452-Z850 612-452-8940
7. Caamrs name 8. Typc of �vsromeac s�ey
Larrg Shaughnessy '�"� CO°°ry '--�°�°� ""S�
_ Od�a �s� i�d�aa)
9. Name of Tg' dis�iet (}f applieable?
Tax Increraent District No. 1 �
Ia x�ae of business naivina ascisnaee I s. Daoe Muiaett r0eeived zss�taaee
Dakota Bank
12 Job etea�oa gosls for business �eeiving �tistaaa �- i3. Hcnriy.v�rage levei gaals for b�iriaeas tooeiviag ssais�a
Goai to create 5 new jobs 57.50/hr
14. Aaoua! jobs �ieeo�a:eaee businsss er�eivea assisraa,m Is. A�al avetage hady �age paid m empLoyars hKea smoc
busi�s �eadved as�s�na
16. i�sc da� acn�al wage utd job araaon levels daumenoed
+' PlearQ eamplate orra forrn for �aeh busir�ss prajeet yout age�ey assftt�d wflic S?.� 000 or mara ire publFe fuadr.
Plea�e s�td cotnpteted fonn anaually by Mstrch 1 to: or t�t report to:
Minnesota Bnsitlass Assistaace Form (612) 29CrI29Q
Mianea�ta Dopa[ta�at of ?c�ada and Ecoriamic Developmanc
S00 Mean Squac� For informstion, calt:
121 Fas[ 7th Place �(612) 297-1291 or 1-80d�57-3858
St Paul, Minaesota SSt01
0
JUN:13 '96 12�37PM DAKOTA BANK
M[NNESOTA DEPARTMF.NI' OF
��tP►Dfi AND ECONOMIC DEYELAPMEM'
500 Metro Sqwee
1t17th Place East
Saint Aau1, Minnrsoa 55101•21�6 LiSA
Apri19. l996
To �tl Mimesota gover�meac ageacies:
P.2
,••••�.
, ���omF����.
� 4 '�+ •
.y 3 r
� q n f
:'8�� `�:
., i+daQ �.
......�
M'innesaa Sr�mcrs 116T.991 cequiies a busia�ss raeiviag sta�e or ioca! gwmimenc assist�ace as of July I.1995
to c� a aet iac�rasa ia jabs in Msaaasota within two yeats af t+eeeiviog usistancc and meet wage ieval uad job
c�atiog goals establisiied by the fu�diag agenry. B�ness�s aoe meaiag s�ae eoa�dicions �st rep�y ti�e assistaace
et the tetms aegodntod by the basiness aod tlse gover�ameat sgency adminiso�iog the usistmncc. .
fiach goverameat a�cy is mandatod oo aaaually wp�m �++age anc4 job goals oad acm�! progrss cowat+d those
goals foti e�th bu�iaess r�xiviag assi5taaoe w the Mimesata Depa�eac af T� �d TcaQomic Develop�ent
�'iED). 'Ihe la9v does �et ssipula� wh�t �tase go�Ls s�ould be. b�tt does tequire goals to be established by t!x
�ovetnmeat ageacy for each 3odividual p�jat
`Bns�aess ess�a7aao�" re£ct5 to s�r buda�ss �+arvity aiehia a e�e: iaa+emaot fiaandag distries aad at�y hu�iness
g�aac or basioess loan � sta�e er laeal dolls:s ia txxss ef S25.00Q. W6ile aac de6aed ia sbe s� e�
saciimp�ion i+ tlsat Wia aroald ineIvde graats. loaa� inoarst w�sidies, nu iaa+�+otfmancing ClIF�). ar aqy publie
monies directly beoe�oing a b�sia�s sad gvm for eeoa�ie deveiopmeat �' job g�ath Pucpases•
In otr�a tc simiplify data �oliadaa plesse use rbe Mur�eesore Br�eueessAsr�rta�ea Fosm (�,wasa �de�'Ihe form
should be completod by eac4 gov�eac mary admiaissariag tbc assistae�e far each busi�as �eoeivfng assis�ance.
All6nancial assistsQce p�avidod to bavaGsa aRer Jaly 1.1995 must be tepotted.li�ese fncros mQat 6e snbmimed to
DTF:D by Ma�h 1 of ead� year far the p�vious caleadat year. Wagc lavel aad job a�aaon goals must' bC
doeumtnaed uadl pt�qje,d got�s ate �c5ieved
At af 1Viffirh 1. many► staoe aad io�l gaverameat age�ies i�ve aot svbmimed a Mi�sota Brrsirtess Asststairee
Fonn t'a� b�ui�ess a�sistaaoe pcortded betareea July I a�d Deeembec31,1995. If you have not daae so. ptease
submit a ccmpleoed farm for each of tbese 1993 groject4 by wpri! 26. We arili be grovidiag thts ini�rma�dan to the
srste k�jslaaare ia lar�e May. • .
Siac�rely, �
y Novak
Cammissioner
hiinnesots stamtes I1GJ991:
A husiaess ttist:eceives scam or ioeal �ovanment bcsiscaace far ecenamic developmcat or job aowt3� putposes
must aeate a net inaeasa ia jobs ia lVfia�tsoca wtthin two yes�s o! readviag tl�e •� ���
'Ih� gaveiamaat a�cacy providiag the aui�sance must escablis� wage teve] aad job etr�oa goaIs ta be mr.t by the
butiass iooeiving d�e �.�:� A iud�ss that � co moet tbe gwls m�st reg�y tBe a�stsooe co t�e ge�m�c ag�a,Y.
FacS &o"erameat ageaeY must �po�t tbc aage aad jab goals aad the trsvlts for eac8 pcojea ia achieviag those goais
w the depar�acat of �ade aad aaiomic develapment Zbc depatm�eat silall compile gad pubiish ti�se tesvic� of �
trpocts for t8e grevloua eatendar y�ar by J�ne 1 oF each year.'I3e ieporRs of t�e ageeci�s [o tbe depar�eat 9ad the
compilaoioa �part of tl�e departmeat shali be maide availabte co the puhlic. ,,
Far che puc�poses of shis se�ion, "aseistaoce" mraas a p�aaL ar losa in ezcess of S2S,OQQ. or tax iac�flt S�u2cing.
�� �
\,. �u.. �
M EGuaI OOeDrfultiN FJIIDIOYf!
i617a 297-1791
roM: fe;•.:eeg
i i i I'� iiL �ot2J 26Z�6112
FAX (b12a 296-1290
SHERMAN W[NfHROP
tLOBEiV R WEINSrtNE
RICHARD A. HOEL
ROGER D. GORDON
s�sverrc.rouxac
S[EPHEHA SNYDER
MARViN C.INGBER
llAR[RULLER
DAVm P. PEARSON
7HOMAS M. HAW N
DARRUN C. KNVI50N
SOEIIiA.ICNAPP
ER[C 0. MADSON
K CRAIG WIIDFANG
MiCFffiE D. VMIANCO[JHI'
DAVID & MORAN, JR.
DONALD J. BROWN
JONJ.HOGANSON
SANORA J. MARC[N
GAIN W. SCHOKM[I1PR
TODD B. URNESS
nMorxxnn. aexxerr
SCOTf ). DONGOSKE
PEfERJ.GLEEKEL
ED WARD J. DRENi7EL
]EFPRHY R. ANSEL
I.A4/R� A. KbIOCI�
LLOYD W. GE�OMS
MARK'C JOFINSON
BROOKSP.POLEY
7HOMASH.BOYD
DANIEL C. BEQC
ERIC J. NYSTROM
JOANNE L MATlEN
Direct Dial
(612) 290-8481
BY MESSENGER
WINTHROP Fr WEINSTINE
A PROFESSIONAL ASSOCIATION
Anorneys and Counselors at Law
3200 Minnesota World'IYade Center
30 East Seventh SReet
Saint Paul, Minnesota 55101
T�lephone (612) 290-8400
Fax(612)292-9347
3QU0 Dain Bosworth Plaza
60 South Sixth S�eet
Minneapolis, Minnesota 55402
�lephone (612) 347-0700
Pax(612)347-0600
7une 12, 1996
Mr. James Danielson
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Re: Dakota BanklSunerAmerica/Development A�reements
Dear Jim:
PAUL W. MARKWARDT
JUIB N7DLEY SCHNELL
JEFFREY L SHI.OSBERG
KRISIiN PEIERSON LeBRE
PA7H[CK W. WHBER
77MOTEiYJ. BECfENGA
CRAIG A. BRAND7
MiCHAELA�DUFFY
JAMES W. D/L'RKING
CAiHERIIZH A. DOMINGUEL
TFffiR&SE M. MARSO
AIEIISSA A. ARNDi
SUZANNHM.SPELLACY
CEIRISIUPHER W. MADEi.
TRCVORV.GUNDERSON
eume.xos�xu.
M[CHAffi. P. NOIUH
Rep1Y Tb
St. Paul
KAREN L YASHAR
MAT[HEW i H60S
n�aara ai.o�cn
TROYA.CHAPMAN
NANCY L MOERSCH
BETH GERS[EIN T[MM
AUDREY L SANISLO
BENJAMIN R. MULCAHY
LAURAA.PFEIFFER
CRAIG S. KRUMMEN
CELFSTEJ.TAYLOR
JOSFPHS.FRIEDHERG
ofCo+uud
DMN:L W. AARDY
offoumd
I am enclosing herewith blacklined copies of, respectively, the Site Plan and Development
Agreement and the Contract for Private Development relating to the proposed development by
Dakota Bank and SuperAmerica on the site located at the south easterly corner of the intersection
of Highway 110 and Lexington. The changes noted in the enclosed draft were requested by 7im
Walston, legal counsel for Dakota Bank and Jim Ellerbee, legal counse� for SuperAmerica:
Obviously, we have not agreed to the proposed changes, since each agreement, in its entirety,
is subject to City Council approval. There are, however, two primary issues of substance which
need to be called to your attention. First, SuperAmerica has indicated that the prior language
contained in paragraph 10 of the Site Plan and Development Agreement, which required
complete removal of all contaminated soils as the prefened remedy, was unacceptable to
Ashland. Ashland argues that complete soil remediation is extraordinarily cosfly and is not the
preferred remedy, either by Ashland or by MPCA given today's cleanup standards and practices.
In addition, Ashland azgues that a significant portion of the costs incurred in any such soil
removal exercise would not be recoverable under the "Petrofund" program. Let me emphasize
again, however, that we have advised legal counsel for SuperAmerica that their proposed
language is inconsistent with prior directions from the City Council and may not be acceptable
to the City.
Mr. James Danielson
June 12, 1996
Page 2
Second, in the Contract for Private Development, Dakota Bank has asked us to include as a
"Permitted 7iansfer" the sale of stock or other ownership interest in the Bank so long as the
subject facility continues to be operated as a commercial banking facility. Dakota Bank argues
that, especially in this age of inergers and acquisitions, it is certainly foreseeable that the Bank
will be sold to another banking entity and, in such instance, Dakota Bank wishes to preserve the
tax increment benefits available under this Agreement. Dakota Bank has been advised that such
change is inconsistent with the last several tax increment financing transactions approved by the
City. The City must determine, therefore, whether the City would receive adequate benefit for
the tax increment financing being made available to Dakota Bank through the continued use of
the facility as a commercial banldng facility, albeit a different bank.
Also, as of my last conversation with Jim Walston on Friday, 7une 7, I was advised that Dakota
Bank has not yet entered into a settlement for the early ternunation of the leasehold interest of
the existing tenant of the subject facility.
As you know, I will be out of the office through 7une 22. In my absence, Mike Duffy of our
office will be attending to any issues which may arise in connec6on with this project. Mike is
fully "up to speed" on this matter. I look forward to speaking with you upon my return.
Very truly yours,
VVINTHROP & WEINSTINE, P.A.
_ �'��'t r-v1� � ��'� . �G.s-' '�
By
Thomas M. Hart
T1VIIi�� 119
EIICIOSl1r8S
cc: Jim Walston
0
�
SITE PLAN AND DEVELOPNIENT AGRFF.MF.NT
This Agreement is made and entered into effective as of this day of May, 1996, by and
between the CITY OF MENDOTA HEIGIi'TS, a Minnesota municipal corporation (the "City"),
DAKOTA BANK, a Minnesota banldng corporation (the "Bank"), Stld SUPRRAMRRiCA
GROUP, a division of ASHLAND INC., a Kentucky corporation ("SuperAmerica").
RECITALS: �'
WHEREAS, the City approved on Apri12, 1996, the preliminary plat for Dakota Valley View
Addition (the "Subdivision"), comprised of certain real property located within the City and
legally described on Exhi i attached hereto and made a part hereof (the "Properiy"); and
V'VHEItEAS, the Subdivision consists of two lots for commercial use (the "Commercial Lots")
and five lots for detached single family dwellings (the "Residential Lots"); and
WHEREAS, on Apri12, 1996, the City Council of the City granted conditional approval to
Dakota Bank to construct a commercial ban�ng facility on Lot 1, Block 2 of the Suhdivision
(the "Bank Facility") and conditional approval to SuperAmerica to construct a gasoline service
station/convenience store facility on Lot 1, Block 1 of the Subdivision (the "SuperAmerica
Facility"), subject to the terms and conditions set forth herein; and
W�REAS, the Bank intends to acquire the Property from the current fee owner thereof and
to sell I.at 1, Block 1 of the Subdivision to SuperAmerica thereafter;
NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations. of
the parties hereto set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, it is hereby agreed as follows:
1. C� Apnrovals. Subject to the terms and conditions of this Agreement, the City hereby:
A. Grants final plat approval for the Subdivision; —
B. Grants to the Bank a conditional use permit for the development, maintenance and
use of a commercial banking facility including a drive-through facility on Lot 1,
Block 2 of the Subdivision, to be constructed in accordance with the "Approved
Plans," as that term is defined in Paragraph 2 heseof;
C. Grants to SuperAmerica a conditional use permit for the development of the
SuperAmerica Facility on Lot 1, Block 1 of the Subdivision, including an
automatic car wash facility, all in accordance with the Approved Plans; and
D. Grants to the Bank and SuperAmerica, respectively, certain variances as set forth
in that certain Resolution 96- , passed by the City Council of the City on
April 16, 1996, a copy of which is attached hereto and incorporated herein as
Exhi i B (collectively, the "Variances").
2. AR�roved Plaas. The Bank and SuperAmerica (collectively, the "Developers") jointly
and severally agree that the Bank Facility and the SuperAmerica Facility (collectively, the
"Project") shall be developed, constructed, used and maintained in accordance with the following
drawings, plans and documents, which drawings, plans and documents are hereby approved by
the City (collectively, the "Approved Plans"):
A. Site development drawings dated February 6, 1996, prepared by Insites, copies
of which have been delivered to the City and are contained in City Planning File
No. ; �
B. SuperAmerica development drawings dated January 23, 1996 and revised
February 15, 1996, prepared by Insites, along with Revision A3 dated February 20,
1996, Revision C2 dated March 5, 1996, and Revision C2 dated March 27, 1996, copies
of which are contained in City Planning File No. ; and
C. Bank elevation drawings as presented at the meeting of the City Council of the
City on March 16, 1996, copies of which are contained in City Planning File
No. . .
There shall be no material changes in the Approved Plans without the prior written consent of
the City. Upon completion of the Bank Facility, the Bank shall certify in writing to the City that
the Bank Facility has been developed and constructed stricfly in accordance with the Approved
Plans. Upon completion of the .construction of the SuperAmerica Facility, SuperAmerica shall
certify in writing to the City that the SuperAmerica Facility has been constructed and developed
strictly in accordance with the Approved Plans.
The Bank agrees to construct the Bank Facility, and SuperAmerica agrees to construct the
SuperAmerica Facility, in each case subject to the terms and conditions set forth herein, stricfly
in a,ccordance with the Approved Plans and jointly grant to the City right-of-way and easement
dedications as set forth hereinbelow and as reflected on the final plat of the Subdivision.
3. Itest�ctions on SunerAmerica Facility. SuperAmerica hereby agrees that the
SuperAmerica Facility will he constructed, used and maintained in accor�ance with the following
restrictions: .
A. The SuperAmerica Facility shall be open to the public only during the hours of
5:00 a.m. through 11:00 p.m., Sunday through Thursday, and 5:00 a.m. through 12:00
(midnight), Friday and Saturday, subject to the right of the City to require more
restrictive hours as hereinafter set forth. �
B. The number of gasoline pumps located on the SuperAmerica Facility shall be
limited to 8 fueling stations at 2 islands.
C. There shall be no sales of diesel fuel from the SuperAmerica Facility.
D. SuperAmerica shall not store any merchandise outside of the buildings located on
Lot 1, Block 1 of the Subdivision.
-2-
E. The trash enclosure reflected on Exhi i D shall be constructed set back 10 feet
from the front of the principal structure of the convenience store located on Lot 1, Block
1 of the Subdivision.
F. Parallel parking stalls shall be added on Lot 1, Block 1, along the north boundary
thereof, in number and location shall be subject to the further approval of the City.
G. All aluminum panels located below the front windows of the SuperAmerica
Facility as reflected on the Approved Plans shall be replaced 'with a brick veneer to
match the exterior building materials of the principal structure of the SuperAmerica
Facility. ,
H. The size of the .canopy over the gas fueling stations shall not exc.eed 47 feet by
56 feet in size and shall not be higher than the roof of the principal structure of the
SuperAmerica Facility.
I. The car wash located in the SuperAmerica Facility shall not be operated at any
time without all doors thereto being closed, in order to minimize the noise levels
emanating therefrom during operation.
7. The provision of this Paragraph 3 are subject to final review and approval of the
design by the City of a proposal from SuperAmerica for a free standing monument sign. �.
K. The landscape plans shall be subject to further review and approval of the City.
SuperAmerica understands and agrees that the SuperAmerica Facility is to be developed,
operated, maintained and used, in accordance with the Approved Plans, as a neighborhood-scaled
gas station/convenience store and shall take all reasonable steps, and shall cooperate with the
City in good faith, to insure that the SuperAmerica Facility continues to orient its operations to
serve the neighborhood in which it is located and to avoid any unnecessary or unreasonable
noise, odor or other interference with the peaceful enjoyment of such neighborhood by its
residents.
4. Chan�es in Operation of SuperAmerica Facilitv. SuperAmerica hereby aclrnowledges
that the City may, at any time hereafter, amend the Conditional Use Pernut with respect to the
SuperAmerica Facility, including, without limitation, reduction of hours of operation and/or
limitation on use of the car wash contained therein, at any time that the City determines, in its
discretion, after conducting a public hearing and after giving to SuperAmerica not less than
thirty (30) days prior written notice of any hearing with respect thereto, and after allowing
uper menca an opportunity to be heard at such hearing, that a rational basis exists for a
finding that the existing use of the SuperAmerica Facility is having an adverse impact on the
neighborhood in which the SuperAmerica Facility is located. SuperAmerica hereby agrees to
cooperate in good faith in all respects with the City with respect thereto, and aclaiowledges that
such changes in the operation of the SuperAmerica Facility shall be mandatory in the event of
the unilateral determination of the City Council of the City, as set forth above, of an adverse
impact on the neighborhood in which the SuperAmerica Facility is located. SuperAmerica
understands that the City shall not be obligated to expand the service hours for any reason.
-3-
5. Approval of Dakota Bank Plans. As of the date of this Agreement, the Bank has not
submitted to the City final development plans for the Bank Facility. The Bank agrees and
understands that the execution of this Agreement by the City, the approval of the Variances and
the issuance of the conditional use permit set forth herein are expressly made subject to the
subsequent review and approval, at the discretion of the City (which shall be exercised in a
manner consistent with all applicable laws and ordinances) of all development plans, drawings
and specifications relating to the Banlang Facility and any automated teller machines relating
thereto, and that the Bank shall not under any circumstances whatsoever be entitled to a building
permit with respect thereto until such plans, drawings and documents have been approved by the
City.
6. Construction of Landscape Buffer. The Bank shall construct or cause to be constructed
the landscape buffer separating the Commercial Lots from the Residential Lots, as reflected on
the Approved Plans. No Residential Lots shall be developed or sold, nor shall any of the
existing lands�ape buffer and wall be removed until construction of the Bank Facility and the
SuperAmerica Facility have been completed; provided, however, that the existing wall and/or
buffer, or portions thereof, may be removed contemporaneously with the construction of a
substitute wall and/or buffer.
7. Residential Lots.
A. The Developers agree to pay to the City a` park dedication fee of $3,750 (5
Residential� Lots x$750 each) will be paid to the City prior to execution of the final plat
of the Subdivision.
B. Special assessments for the construction of sanitary sewer main for the Residential
Lots in the amount of $ per Residential Lot, and for the construction of a water
main line serving the Residential Lots, in the amount of $ per Residential Lot
are hereby deferred in accordance with applicable Minnesota Statutes and shall be
payable to the City upon sale of each of the Residential Lots, whether by deed, contract
for deed or otherwise.
C. The Developers hereby consent to the imposition of additienal special assessments
for street rehabilitation for each of the Residential Lots located on Mary Adele in the
amount of $ per lot. The Developers hereby waive all requirements of notice
of, and hearing with respect to, the imposition and levying of such special assessments
and inevocably consent thereto.
D. The Developers hereby consent to the levying and imposition of special
assessments for the provision of certain utility services (sewer and water) against each
Residential Lot in the approximate amount of $2,100 per Residential Lot, and hereby
waive all requirements of notice of, and hearing with respect to, the imposition and
levying of such special assessments. The City aclrnowledges that the final amount of
such assessments shall be based on the actual cost of such improvements, including
without limitation, an allocation of City engineering and overhead in accordance with
usual City practices.
C�
�
8. Right of Way Easements. The Developers agree to dedicate all right-of-way easements
for the construction of the frontage road reflected on the final plat of the Subdivision at no
charge to the City, and agree to execute any and all such documents and instruments as the City
shall reasonably request in order to confirm or effectuate such dedication. In addition, the
Developers hereby agre� to dedicate a fifteen foot (15') wide utility easement along the westerly
line of Lot 2, Block 2, as reflected on the final plat of the Subdivision.
9. Demolition of Existing Structures. SuperAmerica agrees to cause all existing structures
currently located on the Property to be demolished, and all demoh'�ion debris and rubble
removed, from the Property. The Developers both agree that such demolition shall be complete
prior to the commencement of any construction on either Lot 1, Block 1 or Lot 1, Block 2 of
� the Subdivision.
10. �nvironmental Cleanug. SuperAmerica agrees to perform all corrective action needed
to address soil and groundwater contamination. SuperAmerica shall comply with all directives,
orders, communications or other requirements of the Minnesota Pollution Control Agency (the
"MPCA") and shall obtain from the MPCA written approval of a final remedial
investigation/corrective action design ("RUCAD ") with respect to soil and groundwater
contamination on the Property and shall provide a copy of such RUCAD and approval thereof
by the MPCA, to the City. .
11. Events of Default: Remedies. In the event of (i) the failure of either of the Developers
to observe or perform any coyenant, condition, obligation or agreement on its part to be
observed or performed under this Agreement, and the continuance of such failure for thirty (30)
days after written notice thereof from the City, or (u) the failure by the Bank to observe or
perform any covenant, condition, obligation or agreement on its part to be observed or
performed under that certain Contract for Private I3evelopment of even date herewith entered
into by and between the City and the Bank relating to, among other things, certain tax increment
financing to he provided by the City in connection with the development of the Property and the
Project (any of the foregoing being hereinafter referned to as an"Event of Default"), in addition
to all other remedies available to the City at law or in equity or elsewhere in this Agreement (a)
the City may suspend its performance under the Agreement as to the defaulting Developer until
it receives assurances from either or both of the Developers, as the-case may be, deemed
adequate by the City in its discretion, that such party has cured its default and will continue its
performance under the Agreement; (b) the City may withhold any Certificate of Occupancy for
either the Bank Facility (if the Bank is in default) or the SuperAmerica Facility (if SuperAmerica
is in default); (c) the City may terminate the Conditional Use Permit granted to the defaulting
Developer hereunder and may otherwise terminate this Agreement as to the defaulting
Developer; or (d) the City may initiate an action seeking damages, specific performance of this
Agreement or any other relief available at law or in equity. In the event that the City is forced
to incur out-of-pocket costs or expenses, including, without limitation, reasonable attorneys'
fees, after an Event of Default hereunder, the defaulting Developer shall immediately reimburse
the City for all such costs or expenses upon demand.
12. No Waiver. No remedy being confened upon or reserved to the City or either the
Developers hereunder is intended to be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in addition to every other remedy
-5-
�.
given under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time in writing and as often as may be deemed expedient.
13. Non-Discrimination. The Developers shall not discriminate upon the basis of race,
color, creed, sex or national origin in the sale, lease or rental or in the use or occupancy of any
portion of the Properiy or any improvements erected or to be erected thereon, or any part
thereof. +
14. Notices. Except as otherwise expressly provided in this Agreement, a notice, demand
or other communication under this Agreement by any party to any other party hereunder shall
he sufficiently given or delivered if it is dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered personally, or sent by facsimile, as follows, or
to such other address as such party shall advise the others in writing as hereinafter set forth from
time to time:
(1)
i2)
(3)
If to the Bank, to:
Dakota Bank
750 South Plaza Drive
Mendota Aeights, MN 55118
Attn: President
FAX No.: 612-452-4651
If to SuperAmerica Group, a division of Ashland Inc., to:
SuperAmerica Group, a division of Ashland Inc.
P.O. Box 14000
Lexington, Kentucky 40512 �
Attn: Corporate Real Estate
FAX No.: 606-357-7869
If to the City, to:
City of Mendota FIeights
1101 Victoria Curve
Mendota fIeights, MN 55118
Attn: City Administrator
FAX No.: 612-452-8940
15. Indemnification. The Developers joinfly agree, that anything to the contrary herein
notwithstanding, the City and its agents, officers, council memhers, employees and legal counsel
shall not be liable or responsible in any manner to either of the Developers, their respective
contractors, material suppliers, laborers, or to any other person or persons whatsoever, for any
claim, demand, damages, actions or cause of action, of any ldnd or character arising out of or
by reason of the execution of this Agreement, the transaction contemplated hereby, the
�
acquisition, construction, installation, ownership and operation of the Project, or any public
improvements relating thereto. The Developers will jointly and severally indemnify and save
the City harmless from any and all claims, demands, damages, actions or causes of action, or
the cost of disbursements and the expenses of defending the same, specifically including, without
intending to limit the categories of such costs, costs and expenses for City administrative time
and labor, costs of engineering and planning services, and costs of all legal services rendered,
and other direct out-of-pocket expenses incurred, in connection with defending such claims as
may be brought against the City for acts, allegedly directly or indirectly relating to, occurring
at or about, or resulting or arising from the Project in any way whatsoe�ver, unless such claims
or damages are caused solely by the negligence or willful acts of the City, its agents, officers
or employees.
16. Governin� Law. The City and Developer agree that this Agreement shall be govemed
by and construed in accordance with the laws of the State of Minnesota.
17. Successors and Assign�. The covenants, duties and obligations of the p�arties hereto shall
run with the land and shall be binding upon the respective heirs, successors and assigns of the
respective parties hereto. �
IN �VITNESS WHEREOF, the parkies hereto have caused this Agreement to be executed by
their respective duly authorized representatives effective as of the date and year first above
written.
sTe:2o�iz�
CITY OF MENDOTA HEIGHTS
By:
Its Mayor
ATTFST:
Its City Clerk _
SUPE�RAMERICA GROUP, a division of Ashland
Inc.
By: �
Its:
DAKOTA BANK
By:
Its President
-7-
CONTItACT FOR
PRIVATE DEVELOPMENT
TffiS AG , made on or as of the day of May, 1996, by and among The City
of Mendota Heights (the "City"), a statutory city of the State of Minnesota 55118, having its
principal offices at 1101 Victoria Curve, Mendota Heights, Minnesota, and Dakota Bank, a
Minnesota banlang corporation (the "Bank"), with its principal office a�.750 South Plaza Drive,
Mendota Heights, Minnesota 55118, and SuperAmerica Group, a division of Ashland Inc.,
a Kentucky corporation, with its principal office at Lexington, Kentucky.
WITNESETH:
WHEREAS, the City is a statutory city of the fourth class organized and existing pursuant to
the Constitution and laws of the State of Nrnnesota and is governed by the City Council (the
"Council") of the City; and �
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Sections
469.124 through 469.134, as amended (the "Act"), the Council is authorized to establish
development districts in order to provide for the development and redevelopment of the City;
and
WHEREAS, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 (the "Tax Increment Act"), as amended, the Council is authorized to finance
the capital and administration costs of a development district with tax increment revenues derived
from a taa increment financing district established within such development district; and
WHEREAS, the Council has adopted the Development Program (the "Development Plan") on
May 5, 1981 creating Development District Number 1(the "Development District") pursuant
to the Act; and ,
+, in connection with the Development Plan the Council of the City has established
a tax increment financing district pursuant to the Tax Increment Aci (the "Tax Increment
District"); and .
�VHEREAS, the City believes that the development of the Development District pursuant to this
Agreement, and fulfillment generally of the terms of this Agreement, are in the best interests
of the City and the health, safety, morals and welfare of its residents, and in accord with. the
public purposes and provisions of applicable federal, state and local laws under which the
Development Plan is being undertaken and assisted;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I.
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from
the context:
"Act" means the Municipal Development Districts Act, Minnesota Statutes, Sections
469.124-469.134, as amended. �
"Actual Knowledge" means, with respect to any representation made herein, the
awareness of facts or information, or the absence of facts or information, by a natural
person, or, in the case �f a legal entity, any officer of such entity. For purposes of this
Agreement, Actual Knowledge shall include any facts discoverable by any person in the
exercise of reasonable diligence.
"Agreement" means this Agreement, as the same may be from time to time modified,
amendeci, or supplemented.
"Bank Facility" means an approximately 12,000 square foot, two story commercial
banking facility to be constructed on Lot 1, Block 2 of the Subdivision as more
particularly set forth in the Site Plan Agreement.
"Bank Note" means .the. Limited Revenue Tax Increment Note in the original principal
amount of - Thousand and 00/ 100 Dollars
($ .QO) or such lesser. amount determined pursuant to Section 3.7 hereof, and
providing for the payment of interest as set forth therein, substantially in the form �of
Exhi it B attached to and incorporated in this Agreement, and to be made by the City
payable to the order of the Bank and delivered by the City to the Bank in accordance
with Section 3.7 hereof.
"Bank Property" means Lot 1, Block 2 of the Subdivision.
"Bank Site Improvements" means, collectively, the Bank Facility and all those certain
improvements to Lot 1, Block 2 and Lots 2 through 6, Block 2 of the Subdivision
described on Exhibit D atrached hereto and incorporated herein.
"Certificate of Completion" means the written certification by the City that the Site
Improvements have been completed in accordance with the terms of the Agreement.
"City" means the City of Mendota Heights, Minnesota.
"Completion Date" means the date the Certificate of Completion is issued by the City.
"Constructioa Plans" means the plans, specifications, drawings and documents related
to the Development Property and the construction work to be performed by the
evelo s on the Development Property including, but not limited to, the following:
-2-
�
(1) as-built survey of Development Property, (2) site plan; (3) foundation plan; (4) floor
plan for each floor; (5) cross sections of each (length and width); (� elevations (all
sides); ('n facade and landscape plan; and (8) such other plans or supplements to the
foregoing plans as the City may reasonably request.
"Council" means the city council of the City.
"County" means the County of Dakota, State of Minnesota. _
"Demolition Payment" means the payment to be made to SuperAmerica by the City
pursuant to Section 3.4 hereof.
"Demolition Work" means the demolition and removal of all improvements located on
the Development Property as of the date hereof, and all debris and rubble relating
thereto. � ,Q� �e,� ;,,,,, ��`^
a��f/
"Development District" means the IIevelopment District Number 1 created by the City�
pursuant to the Development Plan.
"Development Plan" means the Development Program for Development District
Number 1 adopted by the Council on May 5, 1981, as the same may be amended.
"Development
attached hereto
subdivision.
Property" means the real property legally described on Exhibit A
and incorporated herein, which has been subdivided pursuant to the
"Environmental Report" means that certain Environmental Assessment - Phase I dated
May 7, 1996 prepared by Delta Environmental Consultants, Inc. with respect to the
Development Properiy and addressed to Developer. .
"Event of Default" means an action or event described in Section 7.1 of this Agreement.
"�ontage Road" means that certain public roadway identified as Outlot A on i i
attached hereto.
"Notes" means, collectively, the Bank Note and the SuperAmerica Note.
"Permitted Transfer" means (i) the transfer of the Residential Lots after completion of
the Bank Facility and the SuperAmerica Facility, (u) the leasing in the ordinary course
of business of portions of the Bank Facility which are not occupied by the Bank, (iu�
transfer of the SuperAmerica Property to SuperAmerica by the Bank, (iv) the sole
exchan�e or tiansfer of stock or other ownershin interest in e so on� as e
use of the Bank Facility remains as a commer g ac ty, or
conveyance or disposition of the Development Property or an owner�s u-p mterest in
either of the Developers which is excepted from the definition of Transfer set forth
below.
-3-
�..
"Preliminary Development Plan" shall mean, collectively, the Construction Plans and
all other writings, drawings or other artistic renderings, applications, agreements or other
documents submitted to and approved by the City in connection with this Agreement
and/or the Project.
"Project" means the acquisition of the Development Property, the completion of the
Demolition Work and the construction of the Site Improvements thereon.
"Purchase Agreement" means a written agreement between the Bank and the current
owner of the Development Properiy which provides for the purchase and acquisition of
the Development Property by the Bank.
"Site Development Drawings" means those drawings, plans and specifications identified
in the Site Plan Agreement as the "Approved Plans."
"Site Improvements" means, collectively, the Bank Site Improvements and the
SuperAmerica Site Impmvements. �
"Site Plan Agreement" means that certain Site Plan and Development Agreement dated
, 1996 by and among the Bank, the City and SuperAmerica.
"State" means the State of Minnesota.
"Subdivision" means the final plat of Dakota Valley View Addition, as approved by the. ;:
City Council pursuant to Resolution No. on , 1996. .
"SuperAmerica" means SuperAmerica Group, a division of Ashland Inc., a Kentucky
corporation. �
"SuperAmerica Facility" means the gasoline station/convenience store facility to be
owned and operated by SuperAmerica and to be constructed on Lot 1, Block 1 of the
Subdivision, as more particularly set forth in the Site Plan Agreement.
"SuperAmerica Note" means the Limited Revenue Tax Increment Note in the original
principal amount of Thousand and 00/100 Dollars
($ .00) or such lesser amount determined pursuant to Section 3.7 hereof, and
�h o,,� Id b e E for payment of interest as set forth therein, substantially in the form of
� Exhi i ttached hereto and incorporated in this Agreement, and to be made by.the
le to the order of SuperAmerica and delivered by the City to SuperAmerica
in accordance with Section 3.7 hereof.
"SuperAmerica Property" means Lot 1, Block 1 of the Subdivision.
"SuperAmerica Site Improvements" means, collectively, the SuperAmerica Facility and
all those certain improvements to Lot 1, Block 1 of the Subdivision described on
Exhi i attached hereto and incorporated herein.
C
-4-
"Tax Increment" means that portion of the real estate taxes paid with respect to the
Development Properry which is remitted to the City as tax increment pursuant to the Tax
Increment Act.
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174-469.179, as amended.
"Tax Increment District" means the Tax Increment Financing Di.�trict Number 1 created
and amended by the City pursuant to the Tax Increment Plan adopted in connection with
the Development Plan.
"Tax Increment Plan" means the Tax Increment Financing Plan adopted by the City on
May 5, 1981, in connection with the creation of the Tax Increment District.
"Tax Official" means any City or county assessor; County auditor; City, County or State
board of equalization, the commissioner of revenue of the State, or any State or federal
district court, the tax court of the State, or the State Supreme Court.
"Transfer" means the sale, assignment, conveyance, lease, transfer, foreclosure, or other
disposition of (i) the Development Properiy or any part thereof or interest therein or (u)
the Site Improvements, or any portion thereof or (ui) the sale, exchange or tcansfer of
greater than a fifty percent (50%) interest in the ownership, profits, or capital of either
of the Developers, determined with reference to all such exchanges occurring after the
date hereof, provided, however, that any determination under clauses (i), (u) or (ui)
above shall not include {A) any transfer or disposition to a corporation, partnerslup,
limited liability company or trust more than 50 % of the beneficial interest of which is
owned or controlled by either of the Developers, or (B) any transfer to a natural person
who holds an ownership interest in either of the Developers as of the date hereof or such
person's spouse, children, grandchildrenr grandparents, or parer�ts, or an entity more
than fifty percent (5090) of the beneficial interest of which is owned by one or more such
persons or (C) any transfer or disposition of unrestricted stock of a publicly traded
company.
"Unavoidable Delays" means delays which are the direct result of strikes, shortages of
materials, war or civil commotion, delays which are the direct result of unforeseeable
and unavoidable casualties to the Site Improvements, the Development Properiy or the
equipment used to construct the Site Improvements, delays which are the direct result of
govemmental action or inaction beyond the control of either of the Developers, delays
which are the direct result of judicial action commenced by third parties, citizen
opposition or action affecting the Project or adverse weather conditions, or to any other
cause or action beyond the reasonable control of the party seeldng to be excused as a
result of its occurrence.
-5-
ARTICLE II.
Representations a�d Warranties
Section 2.1. Representations by the Citv. The City makes the following representations as
the basis for the undertaking on its part herein contained:
a. Status of City. The City is a statutory city of the Stat.�.with all the powers of
a statutory city of the fourth class duly organized and existing under the laws of the
State. Under the provisions of the Act and any other applicable laws, the City has the
power to enter into this Agreement and cazry out its obligations hereunder.
b. Compliance with Laws. The City has created, adopted and approved the
Development District and Tax Increment District in accordance with the respective terms
of the Act and the Tax Increment Act.
c. Issuance of Note. To finance a portion of the obligations of the City hereunder,
the City proposes to make the Notes payable to the respective Developers in accordance
with the provisions hereof and to pledge tax increment generated by the Tax Increment
District to the payment of the principal and interest on the Notes according to its terms.
d. No Warranty as to Development Propgr�y. The City makes no representations,
guaranty or warranty, either express or implied, as to the Development Properiy, or any
portion thereof, its condition, or its suitability for the Developers' purposes or needs or
the economic fe�asibility of the Project.
Section 2.2. Representations, Covenants and Warranties bv the Developgr. The Bank
hereby represents and warrants, as to the Bank, and Superamerica hereby represents and
warrants, as to SuperAmerica, that: - .
a. Status. The Bank is a Minnesota banking corporation, which is duly qualified
to do business in the State of Minnesota and which has duly authoriz.ed the execution and
implementation of this Agreement through all necessary corporate action. SuperAmerica
is a Kentucky corporation which is duly qualified to do business in the State of
Minnesota and which has duly authorized the execution and implementation of this
Agreement through all necessary corporate action.
b. t6 ri . This Agreement has been duly and validly executed and delivered. by
each of the Developers and constitutes the valid and binding obligation of each of the
Developers according to its terms, enforceable against Developer except as the
enforcement thereof may be limited by bankruptcy and other laws of general application
relating to creditors' rights or general principles of equity. The execution of this
Agreement by each of the Developers has been duly authorized by the appropriate
officers of the respective Developers, and no further action is required for the
performance by either of the Developers of its obligations hereunder.
0
�
c. Consents. Except as disclosed in this Agreement, no consent, approval, order,
authorization, registration, declaration, filing, waiver or notice to any government entity
or third party is required or necessary to be obtained by either of the Developers in
connection with the execution, delivery and performance of this Agreement.
d. No Violation. Neither the execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby, the acquisition, construction and
development of the Development Property, nor the fulfillment of.or compliance with the
terms and conditions of this Agreement is prevented, limited by or conflict with or result
in a breach of, the terms, conditions or provisions or any corporate restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which either
of the Developers is now a party or by which it is bound, or constitutes a default under
any of the foregoing. �
e. T'. rt el . Subject to the provisions of Section 6.2 (Consequences of Transfer) (i) the
Bank is and shall be the owner of Lot 1, Block 2 and Lots 2 through 6, B1ock 2 of the
Subdivision; and (u) SuperAmerica is and shall be the owner of Lot 1, Block 1 of the
Subdivision. Except for matters disclosed in this Agreement, there are no pending or
threatened claims, lawsuits, or disputes with respect to the Development Property or
Developer's ownership thereof.
f. Comgliance with Laws. The Developers shall operate and maintain the Site
Improvements in all material aspects in accordance with the teims of this Agreement, the
Development Plan and all applicable local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, building code and public heaith
laws and regulations).
g. Energy Conservation. The Developers shall construct the respective Site
Improvements in accordance with -all applicable local,. state or federal
energy-conservation laws or regulations.
h. Permits and Licenses. Subject to Unavoidable Delays, the Developers shall
obtain, in a timely manner, all required permits, reviews, cI'euances, licenses and
appmvals, and will meet, in a timely manner, the requirements of all applicable local,
state and federal laws and regulations which must be obtained or met before the Site
Improvements may be lawfully constructed.
i. Cost of Site Improvements. The Bank covenants that the cost of the Bank Site
Improvements shall be not less than $ . SuperAmerica covenants that
the cost of the SuperAmerica Site Improvements shall be not less than $
j. ecessi of Assistance. The Developers aclrnowledge, represent and agree that,
but for the assistance provided by the City under the Agreement, they would not be able
to undertake the Project within the foreseeable future.
ye
�
k. Iiazardous Waste. Except as otherwise set forth in the Environmental Report,
no asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials,
chemical waste, radioactive materials, explosives, known carcinogens, petroleum
products or other pollutants, contaminants, chemicals, materials or substances defined as
"hazardous waste," "hazardous substance," "hazardous constituent," "solid waste," or
"toxic substance" (all of the foregoing are referred to collectively hereinafter as
"Hazardous Materials") the release or disposal of which is regulated by any federal, state
or local statute, regulation, order, treaty, code, publication_or ordinance (or any
amendment thereto) related to human health or the environment including, without
limitation, any law, regulation or ordinance concerning the protection and preservation
of natural resources, air, water, noise or soil pollution or contamination, or Hazardous
Materials use, generation, storage or disposal, ("Environmental Law") are, to the best
of either Developer's Actual Knowledge, located on, in, about or under the Development
Properiy, and, to the best of either Developer's Actual Knowledge, except as otherwise
set forth in the Environmentai Report, none of Development Property as ever een
utilized for the storage, manufacture, disposal, handling, transportation or use of any
Hazardous Materials.
1. Materials Permits. All permits, licenses and similar authorizations and approvals
necessary or required under all Environmental Laws, including those for any Hazardous
Materials stored, used or manufactured within or on the Development Property have, to
the best of each Developer's Actual Knowledge, been obtained, aze being complied with
and are in full force and effect, and the Developer has complied with all other reporting,
filing and other requirements under the Environmental Laws.
m. ..No Environmental Proceeding�. Except as otherwise set forth in the
Environmental Report, to the best of either Developer's Actual Knowledge, there are no
existing, pmposed, threatened, or pending investigations, adminishative proceedings,
litigation, regulatory hearings or other actions concerning any the Development Property
and alleging noncompliance with or violation of any Environmental Law or relating to
any required environmental pernuts or licenses.
n. �Lo Environmental Listing. Other than inclusion of
on the "LUST Site" list (i.e. list of g un ereroun sto
� the Minnesota Pollution Control Agency, to the best of either Developer's Actual
Knowledge no portion of the Development Properiy is listed in the United States
En onmental Protection Agency's National Priorities List of Hazardous Waste Sites nor
any other list, schedule, log, inventory or record of hazardous waste sites maintained by
any federal, state or local agency.
o. Na Required Testin�. Except as otherwise set forth in the Environmental
Report, neither Developer has received any written notification from any city, county,
state or federal governmental authority, agency or instrumentality requiring any work or
testing to be done on or about the Development Properiy. .
p. Disclosure. No representation or warranty of either Developer in this Agreement
and no statement contained in this Agreement or in any document delivered or to be
�
delivered pursuant hereto contains or will contain an untrue statement of material fact or
omits or will omit to state any material fact necessary to make the statements herein or
therein contained, in light of the circumstances under which made, not misleading; it
being understood that as used in this subparagraph "material" means material to any
individual statement or omission and in the aggregate as to all statements and omissions.
All reports and investigations commissioned or otherwise received by the Developers
concerning the Development Properiy and relating to Hazardous Materials have been
disclosed to the City. _
q. Damage; D�ction or Condemnation of the Site Improvements. In the event
that the Bank Site Improvements or the SuperAmerica Site Improvements, after
completion thereof and issuance by the City of the Notes, are damaged or destroyed by
fire or other casualty, or a portion thereof is taken by a condemning authority, the Bank
(as to the Bank Site Improvements) or SuperAmerica (as to the SuperAmerica Site
Improvements) shall cause the damaged, destroyed or condemned Site Improvements to
be repaired and restored to their condition prior to such casualty or, in the case of a
pafial taking, restored to an architecturally complete whole, in good faith and with all
due diligence.
r. li n . The foregoing representations, warranties and covenants are made by
each Developer with the lrnowledge and expectation that the City is relying thereon.
s. Survival. The foregoing representations, warranties and covenants, together with .
any and all other representations, wan�anties and covenants contained in this Agreement, .�
shall survive consummation of the.transactions contemplated by this Agreement. ..�.
. ,.,.
ARTICLE III.
UNDERTAHINGS OF CITY AND DEVELOPER
r
Section 3.1. Place of Document Execution. Delivery and Recording. Unless otherwise
mutually agreed by the City and the Developers, the execution and delivery of all documents and
payment of any amounts due hereunder shall be made at the offices of the City.
Section 3.2. Public Casts. The City and the Developers hereby stipulate and agree that the
assistance provided pursuant to this Agreement, including without limitation the Demolition
Payment and the Notes, is intended to reimburse the Developers for the Reimbursable Costs (or
portions thereo fl listed on i i attached hereto, and that such assistance is in furtherance
of the purposes of the Development Plan, the Act, the Tax Increment Act, and/or necessitated
by the unique characteristics of the Development Property, its proximity to the Minneapolis/St.
Paul International Airport, and/or the topography of the Development Property site. �
Section 3.3. Coastruction of the Bank Facility. The Bank shall construct the Bank Facility
on Lot 1, Block 2 of the Subdivision, subject to approval of the plans and specifications therefor
by the City, in its discretion and issuance by the City of a building permit therefor.
�
Section 3.4. Construction of the SuperAmerica Facility. SuperAmerica shall construct the
SuperAmerica Facility on Lot 1, Block 1 of the Subdivision, subject to approval of the plans and
specifications therefor by the City, in its discretion and issuance by the City of a building pernut
therefor.
Section 3.5. Gity Reimbursement for Demolition Work. Superamerica agrees to perform
all Demolition Work in a good and workmanlike manner. Upon approval by the City of the
completion of all Demolition Work, SuperAmerica shall provide to the City a sworn construction
statement signed by SuperAmerica and its general contractor certifying to the City the total
construction cost incuned in completing the Demolition Work. So long as no Event of Default
shall have occurred, the City shall as soon as reasonably practicable thereafter reimburse to
SuperAmerica the sum of up to $50,000.00 for application by SuperAmerica against costs
actually incurred by SuperAmerica in completing the Demolition Work.
5ection 3.6. k�rontage Road. So long as no Event of Default shall have occurred, the City
agrees to cause the Frontage Road, along with storm sewer and water lines, to be constructed
to serve the Development Property, without assessment of the cost thereof to the Development
Properiy. Developer hereby grants to the City a temporary construction easement over and'
across that portion of the Development Property legally described on Exhi it F attached hereto
and incorporated herein to allow the City to perform its obligations under this Section 3.6
Developers agre� to execute any and all easement documents reasonably requested by the City
to effectuate such easement. Such temporary construction easement shall terminate, unless
otherwise extended by written agreement between the City and the Developer, not later than
, 199 . Developers aclrnowledge and agree that the City shall not in any way
initiate construction of the Frontage Road, or incur any expenditures in connection therewith,
until such time as the Demolition Work has been completed and the City has approved the
completion thereof, unless the City otherwise determines in its sole and absolute discretion, to
proceed with such construction prior thereto.
Section 3.7. Limited Revenue Tax Increment Notes.
a. So long as no Event of Default shall have occurred, upon issuance by the City of
the Certificates of Completion for the Site Improvements and certificates of occupancy
for both the SuperAmerica Facility and the Bank Facility, the City shall make and deliver
the Notes to the respective Developers. If the Certificates of Completion are issued not
later than December 31, 1997, the aggregate principal amounts of the Notes shall be
$375,000.00. If the Certificates of Completion are issued after such date, the aggregate
principal amounts of the Notes shall be reduced pro rata in an amount equal to � the
principal portion of any "Scheduled Payments" (as defined in the respective Notes) which
would otherwise have heen paid during the period prior to the date of issuance of the
Certificates of Completion and for the balance of the then current calendar year.
b. The City's obligation to make Scheduled Payments on the Note shall be� limited
to the aggregate amount of Tax Increment which the City has received from the County,
less all prior Scheduled Payments ("Available Tax Increment").
-10-
`
c. In the event that either Developer shall fail to pay the real property taxes assessed
and payable against any portion of the Development Property on or before the due date
for such taxes prescribed in Minnesota Statutes, Section 277.01 ("Delinquent Tax"), the
City shall be forever relieved of its obligation to make the next Scheduled Payment under
and pursuant to the Note issued to the defaulting Developer ("Forfeited Payment"). The
amount of Tax Increment attributable to the Forfeited Payment shall be includable in the
determination of Available Tax Increment with respect to Scheduled Payments other than
the Forfeited Payment only in the event that (i) the DelinquenY Tax is remitted to the
County, together with any applicable penalty or interest charges, and (ii) all other
Delinquent Tax payments are brought cunent. Thereafter, all Scheduled Payments (other
than the Forfeited Payment) shall be paid in accordance with the terms and conditions
of the Notes and of this Agreement. The City shall not be obligated to make Scheduled
Payments unless and until all taxes are paid in full and current, together with any interest
or penalties attributable thereto.
d. The City shall forever he relieved of its obligation to make Scheduled Payments
under (i) the Bank Note, in the event that the Bank shall cause or suffer a Transfer of
the property on which the Bank Facility is to be located at any time after the date hereof
or (u) the SuperAmerica Note, in the event that SuperAmerica shall cause or suffer a
Transfer of the SuperAmerica Property at any time after the date hereof.
Section 3.8. . COnditiOns to Citv's Reimbursement Obligation. In connection with
' . performance by the City with respect to its other obligations pursuant to this Agreement, and
. as a condition precedent thereto, the City shall require each of the Developers to (i) provide an
��. < opinion of. counsel� acceptable to the City that. the financial assistance provided hereunder is a ,.
.� permissible � expenditure of funds .pursuant to the Act and the Tax Increment Act, and (u) pay ->:
the City's expenses of counsel in connection with the preparation, execution, and filing of this
Agreement. In addition, the City may at any time as a condition to performance by the City
hereunder, require the Developers to submit evidence of compliance by the Developers with the
terms and conditions of this Agreement.
ARTICLE IV.
CONSTRUCTION OF DEMOLITION WORK AND SITE IlVIPRO + � S
Section 4.1. ComFletion of Demolition Work. SuperAmerica agrees that it will complete the
Demolition Work on the Development Property in accordance with the approved Preliminary
Development Plan on or before December 31, 1996, subject to Unavoidable Delays. The
SuperAmerica shall take all steps necessary to secure the Development Property to prevent
public access thereto during and after the Demolition Work until such time as the Development
Properiy has been graded in full and all debris and rubble removed therefrom.
Prior to completion of the Demolition Work, the Developer shall make reports, in such detail
and at such times as may reasonably be requested by the City, as to the actual progress of the
Developer with respect to such Demolition Work.
-11-
5ection 4.2. Preliminarv Development Plan. Prior to commencement of construction of the
Site Improvements, each of the Developers shall jointly submit the Preliminary Development
Plan to the City for approval. The Preliminary Development Plan shall be consistent in all
respects with any description of the Project provided to the Council by the Developers in
connection with the Developers' request for assistance provided pursuant to this Agreement.
The City may reject the Preliminary Development Plan, or request changes thereto, in its
discretion based on applicable ord'inances and other laws.
a. �nnroval of Preliminary Development Plan. The City's performance hereunder
is conditioned upon and subject in its entirety to its review and approval of the
Preliminary Development Plan, and upon compliance by the Developers with all
applicable laws and satisfaction of all City requirements (including planning and zoning,
building codes, etc.) for projects of this nature.
b. Changes in Plaas. If either of the Developers desires to make any material
change in the Preliminary Development Plan, such Developer shall submit the proposed
change to the City for its approval. The Developers aclrnowledge that upon entering this
Agreement, the City in no way waives its right of final approval of materials and
submissions required herein, including, but not limited to, final Construction Plans, and
the City expressly reserves its right to deny approval of any plans and permits should
either of the Developers fail to proceed in accordance with this Agreement and/or fail
to perform in total compliance with the obligations herein and the requirements of the
City's Zoning Ordinance and City's Subdivision Ordinance and other applicable City
codes and ordinances affecting the Construction Plans and/or the Development Property.
c. Effect of Citv Approval. Except as specifically provided in writing by the City
or any department or official thereof for the specific, limited purpose of such writing;
the approval of the Preliminary Development Plan (or any amendments thereto) by the
City or the Council shall not constitute a representation or warranty that such plans, the
Site Improvements, or the Development Properiy comply with any applicable building
code, health or safety regulation, environmental law, or other law or regulation, or that
the Site Improvements will meet the qualifications for issuance of a certificate of
occupancy. Approval of the Developer's plans by the City or any department or official
thereof shall not constitute a waiver by the City of any Event of Default occurring
hereunder.
Section 4.3. �ompletion of Demolition Work and Site Improvements.
a. Notification of City. The Developers will notify the City when (i) the
Demolition Work has been completed and (u) when the Site Improvements have been
completed. The City shall have the right, but not the obligation, to inspect the
Development Properiy upon notice of completion of the Demolition Work and/or the Site
Improvements from the Developers. Inspection of the Development Properiy by the City
shall not constitute a representation or warranty by the City that the Development
Property, the Demolition Work or the Site Improvements comply with any applicable
building code, health or safety regulation, zoning regulation, environmental law.
-12-
b. Notice of Defects. If the City shall find the state of the Demolition Work, the
Site Improvements or either Developer's documentary evidence thereof unacceptable, the
City shall, within twenty (20) days after written request by the Developers, provide the
Developers with a written statement, indicating in adequate detail in what respects either
of the Developers has failed to complete the Demolition Work or the Site Improvements,
as the case may be, in accordance with the provisions of the Agreement, or is otherwise
in default, and what measures or acts will be necessary, in the opinion of the City, for
the Developers to take or perform in order to remedy any such �ondition.
Section 4.4. Additional Resoonsibilities of Developer.
a. Maintenance of Public Easements. Neither Developer will construct or allow
to be constructed any building, structure, or improvement on, over, or within the
boundary lines of any public utility easement unless such construction is provided for in
such easement or has been approved by the utility involved.
b. Utility Installation. The Bank shall be responsible for the full and prompt
payment of all utility access charges with respect to the Bank Site Impmvements
(including SAC and WAG7. SuperAmerica shall be responsible for the full and prompt
payment of all utility access charges with respect to the SuperAmerica Site Improvements
(including SAC and WAC). Developers shall further bear the cost of the relocation of
any existing public or private utilities which may be caused or necessitated by the
construction of the Site Improvements.
c. Repair of Pablic- Facilities. Developers shall, at their sole cost and expense,
replace any public fa�cilities or public utilities damaged in connection with the Demolition
Work or the construction of the Site Improvements, the Bank Facility or the
SuperAmerica Facility, as the c�se may be, in accordance with the technical
specifications, standards and practices of the owner thereof. .
Section 4.5. Certificate of Completion.
a. Promptly after final completion of the Bank Site Improvements (assuming
completion by SuperAmerica of the Demolition Work) in accordance with the terms
hereof, and approval thereof by the City, the City will furnish the Bank with a Certificate
of Completion. Such certification by the City shall be (and it shall be so provided in the
certification itsel fl, absent latent error or defect, a determination of satisfaction of the
agreements and covenants in the �Agreement with respect to the obligations of the Bank
to construct the Bank Site Improvements.
b. Promptly after final completion of the SuperAmerica Site Improvements (assuming
completion by SuperAmerica of the Demolition Work) in accordance with the terms
hereof, � and approval thereof by the City, the City will fumish SuperAmerica with a
Certificate of Completion. Such certification by the City shall be (and it shall be so
provided in the certification itsel�, absent latent error or defect, a determination of
satisfaction of the agreements and covenants in the Agreement with respect to the
obligations of SuperAmerica to complete the Demolition Work and construct the
-13-
SuperAmerica Site Improvements. Issuance of a Certificate of Occupancy by the City
with respect to the SuperAmerica Facility shall be prima facie evidence of completion
of construction of the SuperAmerica Site Improvements.
c. If the City shall refuse or otherwise be unable to provide to either Developer a
Certificate of Completion in accordance with the provisions of this Section 4.5 of this
Agreement, the City shall, within ten (10) days after written request by either Developer,
provide such Developer with a written statement, indicating in adequate detail in what
respects such Developer has failed to complete the Demolition Work and/or the Site
Improvements, as the case may be, in accordance with the provisions of the Agreement,
or is otherwise in default, and what measures or acts will be necessary, in the opinion
of the City, for such Developer to take or perform in order to obtain such certification.
ARTICLE V.
INSURANCE
Section 5.1. During Development. The Bank (as to the Bank Site Improvements) and
SuperAmerica .(as to the Demolition Work and the SuperAmerica Site Improvements) shall
provide and maintain at all times during the process of constructing the Demolition Work and
the Site Improvements for the benefit of the respective Developers and the City and, from time
to time at the request of the City, furnish the City with proof of payment of premiums on:
a. Builder's Risk. Builder's risk insurance, written on the so-called "Builder's Risk
— Completed Value Basis," in amounts equal to one hundred percent (100%) of the
replacement value of the Site Improvements as of the date of completion, and with
coverage available in nonreporting form on the so-called "all risk" form of policy.
b. General Liabilitv. Comprehensive general liability insurance (including liability
arising from operations, contingent liability, operations of subcontractors, completed
operations and contractual liability insurance) together with an Owner's Contractor's
Policy with limits against bodily injury and properiy damage of not less than $3,000,000
for each occurrence (to accomplish the above-required limits, an �tmbrella excess liability
policy may be used). .
c. Worker's Comgensation. Worker's compensation insurance, with statutory
coverage.
Section 5.2. PubGc Liability. Each of the Developers shall provide and maintain during the
term of the Notes, for the benefit of the Developer and the City, at its sole cost and expense,
comprehensive general public liability insurance, including personal injury liability, against
liability for injuries to persons andJor property, in the minimum amount for each occurrence and
for each year of Three Million and 00/100 Dollazs ($3,000,000.00), and each such policy shall
be endorsed to show the City as an additional insured.
Section 5.3. alt . Each of the Developers shall provide and maintain for the term of the
Notes, for the benefit of the respective Developers and the City, and, from time to time at the
-14-
�
request of the City, furnish the City with proof of payment on, fire and casualty insurance in
an amount equal to one hundred percent (100%) of the replacement value of the Bank Facility
(as to the Bank) and the SuperAmerica Facility (as to SuperAmerica) against loss or damage by
fire, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, water leakage
and damage of any ldnd and of any nature whatsoever and such other risk or risks of a similar
or dissimilar nature and such other coverages as are now, or may in the future be, customarily
covered with respect to buildings and improvements similar in construction, general location,
use, occupancy and design to the Bank Facility or the SuperAmerica Facility, as the case may
be. Such insurance policies shall be issued by insurance companies reasonably acceptable to the
City and shall not be subject to modification or termination without sixty (60) days prior written
notice to the City and shall name the City as a loss payee, subject to the prior rights as with
respect to such proceeds of any holder of any mortgage encumbering all or any part of the
Development Properly.
Section 5.4. Other Terms. All insurance required pursuant to this Article V shall be taken out
and maintained with insurance companies reasonably acceptable to the City and authorized under
the laws of the State to assume the risks covered thereby. The Developer will deliver annually
to the City policies evidencing all such insurance, or a certificate or certificates or binders of
the respective insurers stating that such insurance is in full force and effect.
Section 5.5. Condemnation. In the event that Lot 1, Block 1 of the Subdivision or Lot 1,
Block 2 of the Subdivisions or any material portion thereof shall suffer a transfer pursuant to any
condemnation or eminent domain proceeding by any governmental body or other person, the
Bank (as to Lot 1, Block 2) or SuperAmerica (as to Lot 1, Block 1) shall, within thirty (30) days
after receiving notice of such pr�oceeding, notify the City in writing. Any net proceeds of such
condemnation shall he applied to reconstruct the Bank Facility or the SuperAmerica Facility (as
the case may be) within the Tax Increment District. ,
Section 5.6. Subordination. The rights of the City with respect to the receipt and application
of proceeds of insurance or condemnation pursuant to this Article V shall be subject to and
subordinate to the rights of any holder of any mortgage with respect to any portion of the
Development Property or of the Site Improvements in the event, and only to the extent, that such
proceeds are applied to rebuild, reconstruct, or construct the Bank Facility or the SuperAmerica
Facility, as the case may be, within the Tax Increment District.
ARTICLE VI.
���•�� � •� �!� •�� �. �
Section 6.1. Identity of Develo�. The Developers recognize that, in view of (a) the
importance of the development of the Development Property to the general welfare of the City
and (b) the substantial financing and other public aids that have been made available by the City
for the purpose of .making such development possible, the qualifications and identity of the
Developers are of particular concern to the community and the City. The Developers further
recognizes that it is because of such qualifications and identity that the City is entering into the
Agreement with the Developers, and, in so doing, is further willing to accept and rely on the
-15-
�
obligations of the respective Developers for the faithful performance of all undertakings and
covenants hereby by the Developers to be performed.
Section 6.2. Consequences of Transfer. For the reasons stated in Section 6.1 (Identity of
Developers) hereof, the Developers represents and agrees that:
a. No Transfers. Except for Pernutted Transfers, or by way of security for, and
only for, the purpose of obtaining financing to assist or enable the Developer to perform
its obligations with respect to constructing the 5ite Improvements under the Agreement,
and any other purpose authorized by the Agreement, neither of the Developers has made
or created, or the Developers has any Actual Knowledge of, any Transfer with respect
to the Development Properiy, or any part thereof or any interest therein, or the
Developer, or any contract or agreement to do any of the same. The respective
Developers will not make or create or suffer to be made or created any Transfer with
respect to the Development Property (other than a Permitted Transfer) or the Developer.
b. Co�gn, quences of Transfer. No Transfer shall operate, legally or practically, to
deprive or limit the City of or with respect to any rights or remedies or controls pmvided
in or resulting from the Agreement with respect to the Development Property and the
construction of the Site Improvements that the City would have had, had there been no
such Transfer or change. No Transfer shall be deemed to relieve either of the
Developers, or any other pazty bound in any way by the Agreement or otherwise with
respect to the completion of the Demolition Work or the construction of the Site
Improvements, from any of its obligations with respect thereto or from any of its other
obligations under this Agreement.
c. Cessation of Ci� Obligations. Any Transfer with respect to the Bank Property
or the Bank, other than a Permitted Transfer, shall relieve the City of any and all
obligations under this Agreement as to the Bank and the Bank Note. Any Transfer with
respect to the SuperAmerica Property, other than a Permitted Transfer, shall relieve the
City of any and all obligations under this Agreement as to SuperAmerica and the
SuperAmerica Note.
d. No Restriction on Sale. Nothing in this Section shall constitute a restraint on
alienation or prohibition with respect to the conveyance of the Development Property.
Section 6.3. Permitted F'inancing. Nothing herein shall prohibit or prevent the Developer
from encumbering any portion of the Development Property in order to obtain suitable, bona
fide financing in connection with the development, construction, ownership, expansion or
restoration of the Development Property or the Site Improvements.
Section 6.4. No Assi�nment. Except as provided in this Article, this Agreement and the
rights, duties and obligations of the respective Developers hereunder shall not be assigned,
conveyed, or transferred, and any purported transfer in violation of this provision shall be null,
void, and of no effect.
-16-
ARTICLE YII.
EVENTS OF DEFAULT: REMEDIES
Section 7.1. Event of Default. The term "Event of Default" shall mean, whenever it is used
in this Agreement (unless the context otherwise provides):
a. Failure of Timely Completion. Failure by the Bank to complete the Bank Site
Improvements on or before , 199 , in conformance with the terms,
conditions, and limitations of this Agreements or failure of SuperAmerica to complete
the Demolition Work and � the SuperAmerica Site Improvements on or before
, 199_
b. Breach of Developer Obligations. Failure by either Developer to observe or
perform, in any manner deemed by the City to be material, any covenant, condition,
obligation, or agreement on its part to be observed or performed under this Agreement
and the continuance of such failure for� ten (10) days after written notice thereof from the
City; •
c. Bankruptcy of Developer. A petition of, or claim for relief in, banlmiptcy or
insolvency is filed pursuant to any cunent or future bankruptcy or insolvency laws
naming either of the Developers as debtor, and such petition is not dismissed within
ninety (90) days of the date of filing thereof; or
d. .Default Under Site Plan Agreement. Failure by either of the� Developers to
observe or perform any covenant, condition, obligation or agreement on its part to be
observed or performed under the Site Plan Agreement and the continuance of such failure
for ten (10) days after written notice thereof from the City.
Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all
other remedies available to the City at law or in equity or elsewhere in this Agreement, the City
may take any one or more of the following actions: '
a. S�. �ension of Performance. The City may suspend its performance under this
Agreement as to the defaulting Developer, including without limitation a withholding of
a Certificate of Completion for the Site Improvements or a certificate of occupancy for
either the SuperAmerica Facility or the Bank Facility, as the c�se may be, until it
receives adequate assurances from Alternative Developer that sucH Developer will cure
the Event of Default and thereafter remain in compliance with its obligations under this
Agieement and all related or collateral agreements with the City.
b. Termination of A�reement. The City may terminate this Agreement as to the
defaulting Developer, cease any and all performance under this Agreement as to the
defaulting Developer, and pursue all available remedies.
c., Suit for Damages. The City may initiate an action seeldng damages, specific
performance, or any other relief available at law or in equity, other than and except for
-17-
the remedy of specific performance. The parties hereby agree that all costs, direct or
indirect, paid or incurred by the City in connection with this Agreement or the Project,
including without limitation all sums advanced to or for the benefit of the defaulting
Developer hereunder and the costs of pursuing the City's remedies hereunder, shall �
constitute damages of the City for purposes hereof.
Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
parties is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement, whether now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right
or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the
parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other
than such notice as may be required by this Article VII.
Section 7.4. �Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by any party and thereafter waived by the other
parties, such waiver shall be limited to the particular breach so waived and shall not be deemed
to waive any other concurrent, previous or subsequent breach hereunder. '
Section 7.5. C� Default. The failure of the City to pay any sum due to either of the
� Developers hereunder within fifteen (1S� days after written notice of such failure shall have been
�� given to the City or the failure of the City to perform any other duties, covenant or obligation
: of the City hereunder within thirty (30) days after written notice of such failure shall have been
: given to the City �shall:constitute a default by the City hereunder.
ARTICLE VIII.
ADDITIONAL PROVISIONS
Section 8.1. Contlict of Interests: City Representatives 1�Tot Individually Liable. No
member, official, or employee of the City shall have any personal inter�est, direct or indirect,
in the Agreement, nor shall any such member, official, or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation,
partnership, association or other entity in which he is, directly or indirectly, interested. No
member, official, agent, or employe� of the City shall he personally liable to either of the
Developers, or any successor in interest, in the event of any default or breach by the City or for
any amount which may become due to either of the Developers or successor or on any
obligations under the terms of the Agreement.
Section 8.2. �on-Discrimination. During the term of this Agreement, neither Developer shall
discriminate upon the basis of race, color, creed, sex, affectional preference, age, religion or
national origin in the sale, lease, or rental or in the use or occupancy of the Development
Property or the Site Improvements erected or to be erected thereon, or any part thereof. The
provisions of Minnesota StQtutes Section 181.59, which relate to civil rights and non-
-18-
discrimination, are hereby adopted and incorporated as part of this Agreement as if fully set
forth herein.
Section 8.3. Equal Em l�ovment Opportunity. Each of the Developers agrees, for itself and �
its assigns, that during construction of the Site Improvements:
a. Employees. Neither Developer will discriminate against any employee or
applicant for employment because of race, color, creed, religion, ancestry, gender,
affectional preference, disability, age, marital status, status with regard to public
assistance, or national origin (each such status is referred to hereinafter as a"Protected
Class"). Developer will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to membership in any
Protected Class. Each of the Developers shall further abide by all other applicable
federal, state and local laws regarding equal employment opportunity.
b. Advertising. Each of the Developers will, in all solicitations or advertisements
for employees placed by or on behalf of such Developer, state that all qualified applicants
will receive consideration for employment without regard to membership in any Protected
Class.
c. Contracts. Each of the Developers will include the provisions of this Section 8.3
in every contract, subcontract and purchase order, so that such provisions will be binding
upon each such contractor, subcontractor, or vendor, as the case may be. Each of the
Developers will take such action with respect to any contract, subcontract or purchase
order as the City may direct or advise as a means of enforcing such provisions, including
sanctions for non-compliance.
Section 8.4. �'rovisions Not Merg�d With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the
Development Property and any such deed shall not be deemed to affect or impair the provisions
and covenants of this Agreement.
Section 8.5. �i�les of Articles and Sections. Any titles, headings, orcaptions of the several
parts, articles, and sections of the Agreement aze inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of its provisions.
Section 8.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by any party to any
-19-
�
other party shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally or sent by facsimile to:
a. Bank. In the case of the Bank:
Dakota Bank
750 South Plaza Drive
Mendota Heights, Minnesota 55118 _
Attention: President
Facsimile No.: (612) 452-4651
b. Su�rAmerica. In the case of the SuperAmerica:
�—
SuperAmerica Group, a division of Ashland Inc.
P.O. Box 14000
Le�cington, Kentucky 40512
Attention: Corporate Real Estate
Facsimile No.: (606) 357-7869
c. i►. In the case of the City:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Attn: City Administrator
Facsimile No.: (612) 452-8940
. � �.
or at such other address as the City may, from time to time designate in writing and forward to
the Developers. _
Section 8.7. Indemnification.
a. The Developers shall cooperate with the City with r�sp�t, to any litigation
commenced with respect to the Development Plan or the Project. Except for any grossly
negligent act or omission or any willful or wanton misconduct of the City, its employees,
Council members, officers or employees, (i) the Bank shall save, hold harmless, and
indemnify the City from and against any and all costs, including reasonable costs of
defense incurred by the City through an attorney of its choosing, with respect to any
litigation in connection with the Bank Property, Bank Site Improvements, the Bank
Facility or any other matter relating to any representation by a covenant or duty of the
Bank set forth in or arising under and (u) SuperAmerica shall save, hold harmless and
indemnify the City from and against any and all costs, including. reasonable costs of
defense incurred by the City through an attorney of its choosing, with respect to any
litigation in connection with the Demolition Work, the SuperAmerica Property, the
SuperAmerica Site Improvements, the SuperAmerica Facility or any other matter relating
to any representation by or covenant or duty of SuperAmerica as set�forth in or arising
under this Agreement.
-Za
b. Developers jointly agree, that anything to the contrary herein notwithstanding, the
City and its agents, officers, Council members, and employees shall not be liable or
responsible in any manner to either of the Developers, the Developers' respective
contractors, suppliers, vendors, material men, laborers, lienors, mortgagees, or to any
other person or persons whomsoever, for any claim, demand, damage, cost, or loss of
any land or character arising out of or by reason of the execution of this Agreement, the
transactions contemplated hereby, the acquisition, construction, installation, ownership
or operation of the Project, the Site Improvements, the Bank Facility, the SuperAmerica
Facility and/or the Development Property.
c. If either Developer is in default hereunder, the defaulting Developers shall
reimburse the City for any and all costs and expenses, including without limitation,
attorneys' fees, paid or incurred by the City in connection with or relating to enforcing
performance of (or seeking damages for the defaulting Developer's failure to perform)
any covenant or obligation of the defaulting Developer under this Agreement.
d. The indemnification obligation of Developer shall include, without limitation, any
liability, damages, claims or costs incuired or ass�rted against the City relating to the
alleged presence or release of hazardous or toxic substances on, under or about the
Development Property.
e. Developers shall further jointly save, indemnify and hold harmless the City from
and against any and all costs, damages, liabilities or expenditures incurred by the City
pursuant to Minnesota Statutes Section 469.1771, subd. 3, as a result of the assistance
provided to the Developer pursuant to this Agreement.
f. Developers shall further joinfly save, indemnify and hold harmless the City from
and against all costs, damages, liabilities or expenditures incurred by the City in the
event that local government aid, homestead and agricultural credit aid or other aids or
payments to the City from the State of Minnesota are reduced under Minnesota Statutes,
Section 273.1399 or other law.
Section 8.8. Covenants of Principal. All covenants, stipulations, pramises, agreements and
obligations of the City contained herein shall be deemed to be the covenants, stipulations,
promises, agreements and obligations of the City and not of any Council member, officer, agent,
servant, employee, independent contractor, consultant and/or legal counsel of the City.
Section 8.9. Governing Law. The parties agree that this Agreement shall be governed and
construed in accordance with the laws of the State of Minnesota and acknowledge that this
Agreement is the type of agreement described in Minnesota StQtutes, Section 469.176, subd. 5.
Section 8.10. Time is of the Essence. Time shall be of the essence of this Agreement.
Section 8.11. �ounterparts. This Agreement is executed in any number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same instrument.
-21-
Section 8.12. Interpretation and Severability. If any one or more of the provisions, sentences,
phrases or words of this Agreement or any application thereof shall be held or determined to be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions, sentences, phrases or words of this Agreement and any other application
thereof shall in no way be affected or impaired and shall remain in full force and effect.
Section 5.13. Successors and Assig�. This Agreement is binding on and inures to the benefit
of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement
may not be assigned by any of the parties hereto except as specifically provided herein. Any
successor shall absolutely and unconditionally assume all of the rights, duties and obligations of
their assignee hereunder.
Section 8.14. Modification/Entire Agreement. This Agreement may not be altered, modified
or amended except by an instrument in writing signed by all of the parties hereto. No person,
whether or not an officer, agent, employee or representative of any party, has made or has any
authority to make for or on behalf of that party any agreement, representation, warranty,
statement, promise, arrangement or understanding not expressly set forth in this Agreement or
in any other document executed by the parties concurrently herewith ("Parol Agreements"). This
Agreement and all other documents executed by the parties concurrenfly herewith constitute the
entire agreement between the parties and supersede all express or implied, prior or concurrent,
Parol Agreements and prior written agreements with respect to the subject matter hereof. The
parties aclrnowledge that in entering into this Agreement, they have not relied and will not in
any way rely upon any Parol Agreements.
IN VVITNE.SS WHEREOF, the. City has caused this Agreement to be duly executed in its name
and behalf and its seai to be hereunto duly affixed and the respective Developers have caused
this Agreement to be duly executed on or as of the day and year first above written.
Attest:
Kathleen M. Swanson
Its City Clerk
:� � �� � • • :� :
By:
Charles E. Mertensotto
Its Mayor —
DAKOTA BANK
By:
Its President
ASHLAND INC.
By:
Its
-22-
STATE OF 11�IINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was aclrnowledged before me this day of May, 1996, by
Charles E. Mertensotto, Mayor of The City of Mendota Heights, a statutory city of the State of
Minnesota, for and on behalf of said City.
Notary Public
STATE OF 11�IINNESOTA )
)�
COUNTY OF )
The foregoing instrument was acknowledged before me this day of May, 1996, by
, the President of Dakota Bank, Minnesota banldng
corporation, for and on behalf of said banking corporation.
Notary Public
STATE OF 11�IINNESOTA )
. ) ss
COUNTY OF ) .
The foregoing �instrument was acknowledged before me this day of May, 1996, by
, the of Ashland Inc., a Kentucky
corporation, for and on behalf of said corporation. �
STP:2(Y7012-3
-23-
Notary Public
�
:I 1 � VC11:
Legal Description of Development Property
Form of Bank Note
Form of SuperAmerica Note
Description of Bank Site Improvements
Description of SuperAmerica Site
Improvements
�
_, 199_
M��:11: Ylf:
iJIVITED STATES OF AMERICA
STATE OF 1��NNESOTA
COUNTY OF DAKOTA
TI� CITY OF MENDOTA HEIGHTS
LIMITED REVENUE TAX INCREMENT NOTE
$375,000.00
The City of Mendota Heights, Minnesota (ttie "City"), hereby aclrnowledges itself to be indebted
and, for value received, promises to pay to the order of DAKOTA BANK, a Minnesota banl�ng
corporation (the "Owner"), solely from the source, to the extent and in the manner hereinafter
providetl, the principal amount of this Note, Three Hundred Seventy-Five Thousand and 00/100
Dollars ($375,000.00) (the "Principal Amount"), together with interest thereon accrued from
_, 199 , at the rate of 9% per annum (the "Stated Rate"), on the dates (the
"Scheduled Payment") set forth on Schedule 1 attached hereto and incorporated herein by
reference. This note shall be payable in semiannual installments commencing on
1, 199_, and on the lst day of each and
thereafter until and including 1, 2006.
Upon 30 days prior written notice from the City to the Owner, the Principal Amount is subject
to prepayment at the option of the City in whole or in part on 1, 199_, and
on each 1 and . 1 thereafter.
Any payments on this Note shall be applied first to accrued interest and then to the Principal
Amount in respect of which such payment is made.
Each payment on this Note is payable in any coin or cunency of the United States of America
which on the date of such payment is legal tender for public and private debts and shall be made
by check or draft made payable to the Owner and mailed to the Owner at its postal address
within the United States which shall be designated from time to time by-the Owner.
Capitalized terms used and not defined herein shall have the meaning ascribed to them in that
certain Contract for Private Development between the City and the Owner dated of even date
herewith (the "Agreement").
The Note is a special and limited obligation and not a general obligation of the City, which has
been issued by the City pursuant to and in full conformity with the Constitution and laws of the
State of Minnesota, including Minnesota Statutes, Section 469.178, Subdivision 4, to aid in
financing a"project", as therein defined, of the City consisting generally of defraying certain
public redevelopment costs incurred and to be incurred by the City within and for the benefit
of its Development District No. 1(the "Program").
THE NOTE IS NOT A GENERAL OBLIGATION OF THE CITY OR OF THE STATE OF
b�NNESOTA (THE "STATE"), AND NEITHER TI� CITY, TI-� STATE NOR ANY
OTHER INSTRUMENTALITY OR POLTTICAL SUBDIVISION THEREOF SHALL BE
LIABLE ON 'TI� NOTE, NOR SHALL 'TI� NOTE BE PAYABLE OUT OF ANY FUND5 �
OR PROPERTIES O'TI�R THAN "AVAII.ABLE TAX INCREMENT," AS DEFINED
BELOW.
The Scheduled Payment of this Note due on any Scheduled Payment Date is payable solely from
and only to the extent that the City shall have received as of such S'cheduled Payment Date
sufficient "Available Tax Increment" as defined in the Agreement and further defined as tax
increment received as of a Scheduled Payment Date with respect to certain real properiy
described in i i to the Agreement (hereinafter referred to as the "Development Property")
which real property is located with in the City's Tax Increment Financing District No. 1(the
"District")
The City shall pay on each Scheduled Payment Date to the Owner the lesser of the Available
Tax Increment and the Scheduled Payment due hereon on that date. To the extent that on any
Scheduled Payment Date the City is unable to make the total Scheduled payment due on such
date as a result of its having received as of such date insufficient Available Tax Increment, such
failure shall not constitute a default under this Note.
In the event that the City pays less than the amount of any Scheduled Payment due to the lack
of Available Tax Increment to pay the same, and in the further event that, as of a subsequent
Scheduled Payment Date the City has Available Tax Increment from the property in an amount
exce�ding the amount of the Scheduled Payment, the City shall pay such excess Available Tax
Increment to the Owner to the extent that prior payments hereunder have been less than the
aggregate Scheduled Payments theretofore due.
The City's obligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon payment of the real property taxes assessed and � payable against the
Development Property pursuant to Minnesota Statutes, Section 277.01. Upon any failure of the
Owner to make such payment within sixty (60) days of the due date thereof, the City shall
forever be relieved of its obligation to make the next Scheduled PaymenE-immediately following
such delinquency. In the event that such payment is made by the Owner after the due date for
such payment, the amount of Tax Increment attributable to such late payment shall nevertheless
be includable in the determination of Available Tax Increment, except with respect to the
forfeited Scheduled Payment as set forth in this paragraph.
The City's obligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon ownership of the Development Properiy by the Owner or by a corporation,
partnership, limited liability company or trust more than fifty percent (50%) of the beneficial
interest which is owned or controlled by the developer or any natural person who is an owner
of the Owner as of the date hereof or such person's spouse, children, grandchildren,
grandgarents or parents. Any Transfer of the Development Property (other than a Permitted
Transfer) shall relieve the City of its obligations to make Scheduled Payments under and
pursuant to this Note.
This Note shall not be payable from or constitute a charge upon any funds of the City, and the
City shall not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Available Tax Increment, and then only to the extent and in
the manner herein specified. ,
The Owner shall never have or be deemed to have the right to compel any exercise of any taxing
power of the City or of any other public body, and neither the City nor any director,
commissioner, council member, board member, officer, employee or agent of the City, nor any
person executing or registering this Note shall be liable personally hereon by reason of the
issuance or registration hereof or otherwise.
IT IS HEREBY CERT�IED AND RECITED that all acts, conditions, and things required by
the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this Note have been done, have happened, and
have been performed in regular and due form, time, and manner as required by law; and that
this Note, together with all other indebtedness of the City outstanding on the date hereof and on
the date of its actual issuance and delivery, is not subject to any constitutional or statutory
limitation thereon.
IN V'VITNESS VVHEREOF, the City has caused this Note to be executed by the manual
signatures of its Mayor and City Clerk and has caused this Note to be dated ,
1996.
CITY OF MENDOTA HEIGHTS
:
Its Mayor
Attest:
City Clerk
This instrument was drafted by:
WIlVTHROP & WEINSTIIVE, P.A. (TNII�
3200 Minnesota World Trade Center
30 East Seventh Street
St. Paul, Minnesota 55101
CITY OF MENDOTA HEIGHTS
7une 13, 1996
To: Aiuport Relatians Commission
From: Kevin 8atchelder, City Adnu���b�[�Cor �
Subject: Discussion of MSP Mitigation Committee
The Council is aware that Mayar Mertensotto is serving on the MSP Mitigation
Committee. This group was organized by the Metropalitan Airports Commission (MAC) to
make a recommendation on appropriate noise mitigation efforts that will be necessary under
the concept of an e�cpanded MSP. There have been two meetings ta date, on May 16, 199b
and on 7une 3, 1996. (Please see attached meeting schedule.)
On June 3, 199C, Mendota Heights presented their Statement of Interest abaut
mitigation at MSP, as requested by the committee of each community. Attached is a draft
copy of the Airport Noise Mitigation Position Statement for the City of Mendota Heights that
was presented at that meeting. Mayor Mertensotta used the "City af Mendota Heights - Air
Noise Mitigation Needs Statement" for the pregaratian of this dacument, hawever, as he notes
at the end af the document, neither the Commissian, or City Council, have had time to review
and approve this document, prior to our scheduled presen#ation. - -
The A�rport Relations Commission reviewed ihis Pasition Statement at their June 12,
1996 meeting and fully concurs with it. The Commission did issue a caution that it is not yet
knvwn whether fihe use of Global Pasitioning Satellites to narrow the Air Carridor is beneficiai
for Mendota Heights until such time as new comdor pa:rameters are known. The Cammission
commended Mayor Mertensatto for representing our pasition so well.
a i 1 1 i;. i
The Airport Relations Comumission vated unanimousty to m,.commend that City Council
apprave the .Airport Noise Mitigation Positian Statement.
� � +.,.� Z�' M
If the City Council desires to implemeut the recammendation of the A,izport Relations
Commission, they should pass a motion approving the Airport Noise Mitigatian Position
Statement.
Attachments: Mendota Heights Position Statement
Meeting Schedule
Agendas for May 16 and June 3
Background Information for MSP Committee
Community Protection Concept Package
Position Statements from Bloomington and Burnsville
Stafrribune Article from 7une 4, 1996
Note: Mendota Heights has reserved an opportunity to make additional comments at
the 7une 26, 1996 meeting of the MSP Mitigation Committee. Eagan, St. Paul
and Minneapolis are scheduled to make their statements at that time.
DRA��' COPY
CITY OF MENDOTA HEIGHTS
AIRPORT NOISE MITIGATION POSIT70N STATEMENT
As a community diredly and sevenely c� jfected by aircm�'t opemtions ai Minneapolis-
St. Paul International Airport (MSP), the City of Mendota Heights is very concerned over
the future configuration and operation of the airport.
Cost and convenience was the primary baszs for the recommendaiion thcri the MAC
Commission and the Metropolitan Council made to the legislature thart the present airpo�t be
expanded and that it is capable of annually serving up to 640,OOO,tlight operations and 48
million passengers thmugh the year 2020. 1
If the ac�joining communities want to e�joy the convenience of having a mq�or airpo�t
facility within S to 10 minutes of tnavel, then all the surrounding communities musi share in
the bunlen of the noise generated by the facility. It is totally inequitable for the cities of
Minneapolis and Richfield on the wesi side of the airpo�t, and the cities of Eagan ar�td
Mendota Heights on the easi side of the airport, to be subjected to appmximaiely 85% of the
flight operations. Therefore, Mendota Heights feels that the equitable distribution of
airc�'t noise is the paramount issue the MSP Mitigation Committee must address.
The million dollar plus A.N.O.M.S. installation is pmviding facival noise data which
is far more accurnte than the LDN contours generaied thmugh the use of the FAA
r'integrated noise formula. " This raises the question of the validity of the LDN 65 as a baszs
for decision making when mone accurate datii is availarbYe from A.N.O.M.S. It is imperative
that the MSP Mitigalion Committee make its decisions from the most accuraie data base
available. Acconlingly, A.N.O.M.S. data should be used in formulating an equitable noise
mitigation pmgra�n for the co�ztinued use o,t'the present airport facilig�. ,
The Minnea�olis/St. Paul Area Community Pmtection Concept Package prepared by
the Metropolitan Council represents a number of tools and techniques by which Mendota
Heights and other nearby communities will be able to address airport related impacts. The
City of Mendota Heights generally supports the Metropoliiara Council Communily Protection
Package based on the following consideraiions.
1 Dual Track Airport Planning Process, Summary and Decision,
Metropolitan Airports Commission, May 1996.
1
As the number of MSP aircraft operations has grown, air noise impacts within
Mendota Heights have incneased dmrmalically. Many of the noise impacted areas within our
City are oYder residential areas (built in the 1940's, SO's and 60's) which clearly pre,date the
surge in air t�ff `ic experienced at MSP during the 1980's and 90's. As a result of increased
noise exposure, these older Mendota Heights neside�ttiarl neighborhoods have experienced
disinvestment and decline. In onder to stabilize these areas and maintain their viability, the
use of pmperty vaYue guaro�tees, tax credits for housing revitalizaiior� aggressive sound
insulation pmgrams, and other described community stabilization pmgmms is necessary
and warranted.
The FAA Part I50 Noise Attenuaiion pmgrwn should be extended to cover all LDN
60 areas and beyond as necessary. At a minimum, the following resTdential neighborhoods
in Mendota Heights must be incluaied in the FAA Pwt I50 Noise Aitenuation pmgram:
FYirlong Addition along State TYunk Sighway SS, Curley Addition along Lexington Avenue,
Rogers Zake Addition and Rogers Larkeshone Addition along Starte Trunk Highway 149, the
older homes south of Wagonwheel Road fmm State Trunk Sighway 149 to Lexington
Avenue, and Sections 1, 2, and 3 of the Friendly Hills Addition (1950's) south of Highway
110 and easi of State Trunk Highway 149, and other scaitened neighborhoods located in
ident'�"zed noise impacted areas. All of these neighborhoods experience noise events of 85
dBa or greater on a regular basis as shown by A.N.O.M.S.
Revitalization of induslrial pmperties wiihin the City's Business Park will simila.rly
require substaniial resources over time. In onler to maintain the long term economic health
of this area, the City Council would consider the selective use of community stabilizartion
and revitalization tools described in the Community Protection Concept Package.
The Community Protection Concept Package also discusses a number of airport
pmtection measures designed to prevent incompatible land development in airpo�t impacted
areas. As a communily incorporated in 1956 and comprehensively planned in 1959, the C'ity
of Mendota Seights has a number of established land use paiterns which limits its ability to
make sweeping land use mod{ ficalions for the sake of airport expansion. For instance, the
CYty of Mendota Heights is already 90-95% developed. Nonetheless, the City of Mendota
Heights has for many years cooperaied with the Metropolitan Council in adopting and
enforcing land use controls related to the airport.
In 1987, the CYty of Mendota Heights became the first and only city to adopt the
Meimpolitan Council's Aircraft Noise Attenuation O�rlinance and has strenuously enforced
ihe Metropolitan Council's Guidelines for Conshuction Within Aircraft Noise Exposure
Zones. In addition, the C'ity has made a concened effort to limit the total number of new
resideniic�l units located in aneas over,flown by airc�f't, and has experienced substantial costs
in monitoring and achieving these goals. (The Purnam Associaies lawsuit to decrease the
densily of the proposed townhouses east of Highway 149 and south of Mendota Heights
2
�
RoaQi was a very costly ordeal for the city.)
The C'ity takes seriously iis responsibility to control the development of noise
incompatible land uses within Mendota Heights. As such, the City does not suppo�t the
creation of another regulatory body, such as the Airport Zoning Boand, to usurp the land
use authority vesied in our duly elected public officials. �f "ieeth" are to be put into the
enforcement of land use paiterns, the cilies themselves should be the enforcing authority,
not some distant, non-representative boand such as the Airport ZoningBoand.
This is not to say thai the Legislature, the Metropolitan Airports Commission, and the
Metropolitan Council do not hccve important roles to play in regularti�tg air noise genemiion
and exposure. It is essentiul that "teeth" also be put into the regulartions c�fecting the
operaiion of the airpo�t.
Long term community compatibiliiy with MSP is premised on the following:
1) The preferential runway use system needs to be revised. The inequitable reliance on
the Mendota Heights/Eagan corridor should be eliminated. The capacity of the
corridor is finite, and communities overfYown by aircrc�'t using the conidor ought not
be expected to endure air noise exposure beyond a fair and equitable limit. ATl
communities surrounding MSP �ceive significant economic benefit from its close
proximity. Similarly, all shoulrl be expected to bear a reasonable and equiiable share
of the associated noise bunlen as well.
2) Over the Mendota Heights/Eagan area, depa�ting airc�ft should be directed to
utilize, to the fullest extent possible, less noise sensitive areas, such as indusirial park
prope�ty and highway rights of way. These aneas have been planned in conformance
with exisling mad appmved airport runway configurations, are in conformance with
Metmpolitan Council guidelines, and have been a�pmved by the Metropolitan
Council. To fully accomplish this goal, airc�ft during non-busy hours should be
directed to,fPy a crossing pattern in the corricior, rather than being given departure
headings which ove�f!'y close-in nesidential areas. This crossirig pmcedure driring
non-busy times has been approved by the Metmpolitan Airports Commission and is
currently awaiting implementation by the Federal Aviation Administration.
3) As soon as possible, the airc�ft departure coriidor should be narrowed over Mendota
Heights and Eagan to take full advantage of the latest air trr�ffic controY technology.
The iniroduction of a Global Positioning Saiellite navigalion sysiem at MSP should
greaily improve the sc{fety of airspace management, and will also lessen the disiance
aircraft need to be separated from one another to ensure passenger safety. Oiher
precision air traffic control advancements on the horizon will only help the MAC cr�zd
FAA better utilize the ai�space surrounding MSP to minimize air noise impacts over
residential areas.
��
1
4) The magnetic headings for the parallel runways need to be a�justed to re, f%ct curnent
reality. Flight operalions through the Eagan Mendota Heights corridor need to be
adjusted to restore the original intent of the tower o�ders tluti operate within the
corridor.
S) Once modified to take advantage of the latest air tmffic control technology and
adjusted to correct for air noise distributional inequities, the boundaries of the
aircmft depamcre and arrival corrulors should be spec'�"ically defined, and air noise
exposure sianda�rls should be established along this corridor. 7�ircmft operaiors
violating these standa�rls should be subject to subsiantiul monetary fines.
6) Nighmime airc�'t restrictions should be put into place immediately to ensure that
only Stage III quieter aircmft are flown between the hours of 10:30 p.m. and 6: 00
a.m. Such restrictions should be mandatory and violalion of the standanis should
result in a monetary fine to the offending air carrier.
� Noise Abatement Departure Procedures (related to how quickly airc�ft gain altih�de
upon depa�ure) should be reviewed and a��justed �o ensacre tlzai the fu�l performQnce
capabilities of all aircnaft are being utilized. The ability of airc�ft to mpidly gain
altitude, thereby minimizutg airc�ft noise levels experienced on the ground, should
be quan 't�'zed and made part of air trc�'fic depaature pmcedu�s at MSP. This is
especially true for Stage III aircraft.
Please Note: Mendota Heights reserves the right to present additional information. This
position statement was prepared with the cooperaiion of city st�ff. It
repnesents the policies and stnategic goals of the City Council of the CYty of
Mendota Heights. After this document has been reviewed and formally
appmved by the Mendota Heights Airpori Relations Commission, and the
Mendotra Heights City Council, an official copy will be made part of the MSP
Mitigaiion Committee's record.
Mayor Mertensotto
June 3, 1996
4
ME�rROPOLTTAN AIRPORTS COMIVIISSION
°=`" `°�ti. Minne�polis-Saint Paul International Airport
0
�-` � � 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 . �''•
= r o Phone (612) 726-8100 • Fax (612) 726-5296 %"'�� �.'t;';`;� :�� '� �` ,.�:
_� * ;� '�� 3� ' ;;,
Ja _ .N,..... ✓
7, � F ' yi, f
O
:.,�.4�0���` � �, Ma`� 22'�9`�� �
TO:
FROM:
RE:
DATE:
c
MSP Mitigation Committee
h,�11���` � r~'p+�a
�r�+`i`�_.+�
Nigel D. Finney, Deputy Executive Director - Planning and Environment
(726-8187) .
MEETING SCHEDULE
May 21, 1996
�
Based on information provided by Committee members regarding availability, meetings
of the MSP Mitigation Committee have been scheduled as follows:
� Monday, June 3, 1996
Wednesday, June 26, 1996
Wednesday, July 17, 1996
10:00 a.m. - 12:00 p.m.
4:00 p.m. - 6:00 p.m.
4:00 p.m. - 6:00 p.m.
All meetings will be held in the MASAC Room at the Metropolitan Airports Commission
General Offices, 6040 28th Avenue South, Minneapolis.
TWO additi�nal mp�tln�� vyill �norl tn �ie SCf??�!!�AC� ��Jf!1�±!lT,� di:�:!'2b t�,� �;,00V �f
August 5 and the week of August 26. Please be prepared to schedule these at the
June 3rd meeting.
Please contact me if you should have any questions.
mitpl�n.dta
The Metropolitan Airports Commission is an affirmati�•e acuon rmplocur
?t�•lu•r,•r :lirpurt,. :VRL:\hl: • •\\Uti:\ (:Ol:\T�' BLAIXG • �:Rl'ST:V. • PL�'I\r (:l.Ol'!) • i.:1t�i: h:l `.�l l • �:11\'I' I':\l'1 UUl\'\TOl\ �.
iV1�I'ROPOLITAN AIRPORTS COMMISSION
,>�� �''° ti. Minneapolis-Saint Paul International Airport
r` t�� 6040 - 28th Avenue South • Minneapolis, MN 55450-2799
z Phone (612) 726-8100 • Fax (612) 726-5296
^r c
c � '' n
»
..! * � Js
''•L c.HupA��`
REVISED MEETING NOTICE
MSP MITIGATION COMMITTEE
May 16, 1996, 4:00 p.m.
MASAC Room - MAC General .Offices
. 6040 28th Avenue South
Minneapolis, MN 55450
AGENDA
1. Organizational Issues
a. Meeting Location
b. Meeting Dates - Time
c. Potential Agendas
d. Public Input Options
C:
2. Legislative Requirements — -
3. Current Mitigation �Programs
Residential Sound Insulation Program
School Sound Insulation Program
Property Acquisition
4. Future Airport Development/Operations
5. Contour Comparison - FAR 150 (1996) and Future (2005)
The Metropolitan Airports Commission is an affirmative action employer.
Reliever Airports: AIRLAKE • ANOKA COUNTY/BLAINE • CRYSTAL • FLYIf�IG CI.OIJD • LAKE EL�fO • SA1NT PAUL D06'VNTOWN
' ' MAY-29-1996 10�50 METRO. AIRP�RT COMM. 612 726 5296 P.01i01
: � �-
MF.TROPQLITAN AIRPORTS COMMISSION
r�.°;'�'� "�-ti.., Minneapolis-Saint Paui International A,irport
r +'- 6U44 - 28t1� Avenue South • Minneapolis, MN 5�450-L7ss
x r
�t Q Phone (612� 726-B100 • Fax {612) 726•5296
' Z � T N
Q N
1
a�,^ s
��� G`
V i,pU�1�� ,
MEETING NOTICE ~ � �
MSP MITIGATION COMMtTTEE
Monday, June 3, 1996, 'f O:OQ s.m.
MASAC Room - MAC General Offices
6040 28th Avenue South
MinneapoJis, MN 55450
AGENDA
1. NWA Fleet Conversio� Pian�
2. MSP Community Protection Group Report .
3. Community Presen#ations/Expectations *
a. Bloomington
b. Richfield
c. � Mendota Heights
d. Burnsviile
e. St. Paul
�Presentations by the cities of Minneapolis, Eagan, and Inver Grove Heights a�e
scheduled for the next meeting of the Committee on June 26th.
0
T�e Metropolltan ASrport. Cnmmi>aIon is an uffirtnativc action cmploycr,
Reliever :lupozte: r1IRL1KE • ANQKA C(]UN'I'Y/Li1,A.(N� • CRYSTAL • FLYBVG CLOiJL` � I.AICE ELMO • SAIN!' PAIJL DOWNTp4YN
TOTAL P.01
� � MSP 1996 Part 150 NEM (showing DNL 60)
MAC •
�
DNL75 �m1ti ��mi:mii�iL:W'd�i� i� --i• � . �, � :, , ^�� / �;,--;.�^�
mn m wr.nnunn n ���
- -- � u� < �� ��i�iinmilim � �ti+ _ . ._ . ,._ �..i%:
DNL70
HNTB
MSP 1996 No Build
MAC
DNL75
DNL70
HNTB
p115 S^�Nl
�" �� % i 1 � i� i i �
� _
, �
HNTB
�+� Y� �s • �
� � , �~�
�
� ` ,�*.
ts � .
a
. , - .
_ � . .. ,._.�,:..3..�.
.. . .. �,� ,.: �...._. . � . ..,,..,.:r . :.. . . :. .. ... .. . . ..... �_... _ .. . .. ,..a . .
,. ,.
,s; .. .. _ . .. . _..... . . ., . .. .... _ : .. . ..., ,.. .. .r a .,.. >: z �
� 2005 LTCP 60 DN L vs.'.1996 N EM 65 DN L
MAC �
;;;�."+7,.r:ti}xtt;� =+ :
��'�s i�.rr.�a. t'�—':
HNTB
;�„
:.-i e F'' yY-is
?`a" t
��' „ 5,..
:;'s.• ��
�
.��
. :�
MINNEAPOLIS/ST. PAUL AIRPORT-AREA CONIMUNITY PROTECTION
CONCEPT PACKAGE--DRAFT
Clarion Associates
' in association.with
Richardson, Richter & Associates, Inc.
October 1995
�
INTRODUCTION
The Minneagolis/St. Paul (MSP) Airport is widely recognized as being one of the primary
economic assets and engines in Minnesota. Not only does it provide substantial direct
economic benefits in terms of jobs, but it is a key link for the state in an increasingly global
economy.
The state legislature is currendy studying whether, if MSP is tv remain a smoothly -
functioning, modern and competitive facility, it should move to a new site in Dakota County �
or remain at its current lacation and expand. A decision is expe.cted sometime in 1997. It is
clear, however, that even if MSP moves to a new site, thai move will not take place for up to
20 years given current capacity and projected demand. �
While the airport obviously has many positive benefits for the region and state, it is also
apparent that it has significant impacts on the communities around it. Noise impacts are
always the first issue that springs to mind, but in reality there are others of equal significance--
safety, ground traffic, fiscal/tax base impacts, environmental influences, and effects on
property values and overall community stability. Most airport-irt�pact mitigation efforts focus
almost exclusively on noise--and the Metrogolitan Airports Commission has established a goad
track record with its noise insulation and property buyout programs. However, it is hecoming �
increasingly obvious that because of limited federal funding, the noise mitigation programs are
limited in their outreach. Moreover, if the airport is to be a good neighbor for at least the
next twenty years. and the vitality of surrounding communities is to be-maintai���ttRse other
impacts need to be addressed. Simply buying progerty and tearing it down or insulating
existing houses. closest to the airport is not enough. Airports are dynamic fac�ilities, at least if
they are successful. Operational .requirements are constanUy changing and new runways and
other facilities need to be added from time-to-time. Thus mitigation efforts at MSP must also -
be dynamic, continually changing and being adapted to respond to changing airport impacts.
At the same time, steps need to be considered that will prevent any new incompatible
development around MSP that would hamper its efficient operation in the long term.
To tackle these issues, staff representatives of the Metropolitan Council and the Metropolitan
Airports Commission have been meeting informally since late 1994 with representatives of
lacal governments that are located in the vicinity of MSP. These include Bloomington_E�an,
Mendota Heights, Minneapolis, and Richfield. The group's primary goal has been to identify
and explore tools that can utilized to address MSP impacts and to enable communities in the
1
airport environs to take the initiative in dealing with them.' In essence, these discussions have
focused on how to make the airport a better neighbor and to ensure the continued vitality of ,
surrounding neighborhoods and businesses. Recognizing that this effort was a two-way street, �`
the group also examined ways to prevent new incompatible development that might adversely
affect the airport.
During 1995, the group has examined a wide range of tools and techniques and has developed a
mitigation package that the group recommends the legislature consider regardless of the decision
regarding location of MSP.2 This package includes several of the most promising approaches
identified over the.course of six months of study and deliberation. It would require cooperative
action by the state and its agencies, the Metropolitan Council, MAC, and private sector
businesses:
• Gommunit,y stabiliiation techniqu�ce, such as property value guarantees, tax
_ credits for housing revitalization in noise impact areas, acquisition of incompatible
land use prior to deterioration.
• Communitv revitalization ap�roaches such as tailored tax increment financing
districts and community development banks.
• Incentive Fro�rams similar to those commonly used in siting large facilities to
provide offsetting benefits (such as neighborhood recreation centers) to a
community or neighborhood. These would include incentives from private firms
(e.g., the airlines, car rental companies) as well as from public agencies.
! Airp�protection measures such as improved lac�l land use controls to ensure
that developments that are incompatible from a noise or safety gersgective do not
occur in the airport environs unless mitigation measures are undertaken.
The group also examined the issue of where such tools and incentives might be made available.
While airport impact mitigation programs often are confined to areas affected by�iersain level
of noise (typically within the so-called 65 Ldn contour), the group believes a convincing case can
be made that the. impact area should not be so narrowly �defined. When homes are demolished
within a 70 Ldn noise contour, the impact on the availability of affordable housing may be
significant throughout the entire community. Likewise, their may be a significant effect on a -
communiry's tax base. Of course, airport expansion can have a range of other significant impacts
on a community, for example, major changes in traffic levels and patterns.
'A summary of the operating princ'iples adopted by the group is attached to this document.
� ____
2The measures discussed by the group did not discuss changes in airport operations, such
- as limitations on hours of operations and alterations of flight patterns,- that may be necessary to
fully ameliorate adverse impacts.
2
`
Based on such considerations, the recommendation here is simple two-step screen to determine
which communities should be eligible to use the range of tools discussed in this memo. First,
only communities that have within their borders a 60 Ldn noise contour as defined by the MAC
would be eligible to participate. Second, to put reasonable limits on the geographic area within
which the tools might be employed, the group suggests they be available in neighborhoods within
one mile of the 60 Ldn contour as depicted on the attached map. The definition of the precise
boundary within these general parameters should be delegated by_ the legislature to the
Metropolitan Council to negotiate with each jurisdictions to ensure logical coverage of affected
neighborhoods.
SUMMARY OF MITIGATION TOOLS AND TECHNIQUES
��rir � s .� ��
Communities across Minnesota and the United States have used a variety of programs to help
stabilize and revitalize their neighborhoods and commercial areas. For example, in the airport
area the City of Richfield has undertaken an innovative housing development program to stabilize
neighborhoods around the airport. Similarly, the City of Minneapolis has utilized programs such
as the Family Housing Fund to renovate deteriorating housing. However, these programs are
limited in scope and do not address other key community stabilization issues.
Property Value Guarantees
Where landowners anticipate that their properties will be adversely affected by noise from airport
operations, they may perceive a threat to their property values. This perception may lead to a
pattern of flight from the neighborhood, thus lowering values, damaging the integriry of the area,
and rendering the area unstable and vulnerable to disinvestment and an influx of incompatible land
uses. Additionally, perceiving a potential loss in value of their most important investment, some
owners may strongly oppose any airport expansion that will affect them. �
— - -�i =
Experience in the Village of Oak Park, Illinois, a middle-class suburb of Chicago, demonstrates
that local governments can bolster confidence in an area of potential deterioration by providing
guarantees against property value depreciation. Oak Park utiIized a property value guarantee
program to stabilize a racially changing neighborhood. In brief, the program worked like this. -
Owners of eligible single-family residences submitted an application to join the program with an
$90 application fee that covered the cost of an appraisal and administrative expenses. If after five
years the homeowner sold at a price lower than the original appraised value, he was entitled to
be reimbursed for 80% of the loss, assuming the house had been maintained adequately during
that period. If substantial improvements were made during that time, a reappraisal was possible.
Also, if the property could not be sold on the open market, then the owner was eligible to have
it purchased by a village-established Equity Assurance Commission.
Oak Park believes the program was successful in calming fears of property value loss. While over
160 homeowners initially joined, less than 60 properties remain in the program. Interestingly,
3
no clauns were ever filed for reimbursement. Today, the village has successfully integrated and
remains a desirable residential communiry.
,
Emulating this' concept, local governments around MSP should he authorized to' establish a
program that pledges to reimburse landowners for losses in property value caused by airport
operations and impacts. Backup funding to cover any payouts might come from the state or the
Metropolitan Airports Commission. The local governments would pass through such
reimbursement upon the landowner's sale of property. The landowner might be asked to waive
any state relocation benefits as a quid pro quo for any equity reimbursement, the rationale being
that such reimbursement would make them whole and that the move was voluntary. Where
owners are unable to sell their properties, such programs might require local governments to
purchase the properties in fee simple at fair market value, again with backup funding from the
state or MAC. Participation would be �optional for all property owners within a designated
eligibility zone (such as a noise overlay zone). •
Preferential� Tax Programs
To encourage citizens to continue to live in an area that is under some form of physical or sacial
stress or to move to such areas, states and local govemments across the United States have
adopted a variety of income and property tax credit programs. For example, the State of
Minnesota recently adopted an urban homesteading program that authorizes the Metropolitan
Council to designate urban revitalization and stabilization zones that are in transition to blight and
poverty. Any person buying or occupying a home within such a zone is eligible for an exemption
from Minnesota taxable income for up to five years (up to a limit of $15,000 for married
individuals filing a joint return) in specified circumstances. ;
Similarly, the 1995 Omnibus Tax Act provides special property tax benefits to encourage owners
of commercial and industrial businesses to locate within one-fourth mile of major transit stops.
The goal is to encourage job densiry around transit stops, thus making mass transit more feasible.
The state's enterprise zone legislation also provides property tax bene€�s to bus�a�ss� locating
in designated areas. (Amends Minn. Statutes Section 273.13, Subd. 24 and adds Minn. Statutes
Section 473.3915)
In the context of the airpon area, such tax benefits might be geared towards trying to keep -
existing residents in place. Thus a credit might be offered to all persons who have lived in a
designated impact area for a specified period and who continued to do so. If the person moved
out of the area within a certain time of claiming� the credit, a portion of the tax credit might be
recaptured.
Housing Revitalization Programs �
As noted above, several of the MSP-area �communities have undertaken aggressive and innovative
housing revitalization programs. However, where these efforts involve direct government action
4 '
as they do in Richfield to purchase deteriorating properties, they can be quite costly for local
jurisdictions. Experience with programs like the "This Old House" rehabilitation tax credit
program in Minnesota, which provides a tax write-off for owners who make improvements to
homes over 35 years old (Minn. Statutes Section 462A.203, Housing Preservation Program), and
similar initiatives in other states demonstrates that if individual homeowners can be enticed into
sper�ding their own funds, government expenditure can be significandy leveraged. Interestingly,
in Minnesota half of the credits have been claimed by owners of homes with values less than
$85,000. Thus the state legislature should consider replicating such a rehabilitation tax credit
program for homes in designated airport-impact areas, tailoring it to be more effective by reducing
the age limitation to fifteen years instead of thirty five and thereby encouraging renovation of a
wider range of housing.
In the same vein, experience demonstrates that private investment in housing can be greatly
encouraged with a modest reduction in mor�gage lending rates, down payment requirements,
reduction in �losing costs and similar approaches that reduce initial investment and carrying costs
for prospective homeowners—especially first-time buyers. As applied to the airport area, special
lending programs embodying these concepts, in addition to those already in effect in other areas,
to encourage more aggressively first-time home buyers, thus helping to stabilize the airport-area
neighborhoods.
Housing renovation revolving loan funds have likewise proven to be useful tools in broader
community stabilization and housing preservation programs. Typically, local governments create
low-interest loan rehabilitation loan funds for designated areas (e.g., an historic district).
Homeowners in the district can borrow funds for rehabilitation at below-market interest rates, thus
encouraging investment of their private dollars. Payment can be made over a specified term or
upon sale of the home. Repaid funds are then recycled by making new loans. A similar program
is currently available in Minneapolis through MCDA—the Middle Income Housing Program. This
program is not limited to first-time homeowners; it makes loans available for housing
rehabilitation such as putting a new roof on a house.
Funding for such a program tailored for the airport area might �ome fro�a �ne-time
appropriation by the state legislature, an annual contribution by the MAC, issuance of revenue
bonds by MAC, noise impact fees on late-night flights, or a combination of sources including
some form of local match.
1 11 1! 1� \' 1 1
0
Community revitalization programs are generally seen in areas that are past the stage of
''preventative medicine" such as the property value guarantee. Communities have generally
discovered that there are no "silver bullets" when it comes to revitalization, but rather success will
depend on utilization of a variety of programs to address problems such as lack of capital
investment funds. Again, MSP-area communities have some substantial experieri�e` with
commercial and residential revitalization programs, but more prograrns are needed to enable them
to deal more effectively and comprehensively with airport impacts. '
5 '
`
Tax Increment Financing
Tax increment financing (TIF) districts have proven to be an effective community revitalization
tool throughout the state. There are cunently five general types of TIF districts, and the
municipalities surrounding MSP may qualify to use one or more of these districts. Generally,
however, there are limitations imgosed relating to percentage of substandard structures in an area,
purposes for which funds can he spent, the basis upon which the incremeQt is calculated, and areas
within which funds can be expended that tend to limit the usefulness in dealing with airport
impacts. With relatively modest tailoring, the airport area working group believes that TIF could
become a powerful tool to deal with a whole range of airport-impact issues.
These recommended changes include:
• Qualifications: Alter basic qualifying language so that, in addition to a specified
- gercentage of substandard housing, location within an airport impact zone would
trigger use of the district.
• Spending of increment: Permit the increcnent to be used for several purposes in
addition to the standard land acquisition, site improvements, etc. Other qualifying
expenditures might be noise insulation, rehabilitation loans, mortgage revenue
bonds, community facilities, etc.
• Geographic restrictions on sgending: Allow expenditure of increment anywhere
within broader project area, perhaps the entire airport impact zone; do not limit
just to district.
• Increment basis: Allow localities to write down increment basis to zero.
Addressing the associated reduction in local government aid is important to the
communities. One alternative would be to allow use of tax increment financing in
the qualifying communities without local government aid penalty. Another
alternative for consideration would be to spread the r�ducdon �r �e seven
county region the reduction to reflect the regional importance of the airport and the
special burdens borne by airport-area communities that benefit others throughout
the region.
• Inclusion of commercial airport property in districts: An increasing number of
airports around the United States are encouraging non-aviation related commercial
development on airport land, particularly in open buffer areas on the periphery of
an airfield. MAC should be specifically authorized to allow commercial use of
buffer properties for non-aviation commercial uses, and such properties should be
included in districts, the increment equivalent being paid into a fund to be used to
address airport impacts. ^__.
0
Community Development Bank
Availability of a steady flow of investment capital or low-interest loans is often a key ingredient
in the success of community revitalization programs. Experience shows that in bIighted or
deteriorating areas, bank lending and other traditional sources of renovation and revitalization
funding may dry up or conventional financing may not be sufficient to stimulate private
investment. To address this issue, several community development banks have sprung up that
might be emulated in the airport environs to deal with lack of private loan funds or low-interest
financing.
One of the most successful of these community development banks--the South Shore Bank in
Chicago--is described more fully in the attached report. Using a combination of targeted
residential and commercial loans, strategic development projects, and education programs, it has
been responsible for revitalizing a neighborhood that had t�een written off by most observers In
most respects, this community development bank is no different than any local neighborhood
financial institution. Criteria for lending is the same used by other banks--credit worthiness of
the bonower, debt to loan ratio, and similar iridicia. One important difference, however, is that
a significant amount of the banks funds are in "development deposits"--deposits by institutions and
individuals located outside the South Shore area who want to see their money used for
neighborhood rehabilitation. As the bank's executive vice president has stated, "We are owned
by shareholders who wish to invest in profitable operations, but who are also interested in
economic development. "
Community development banks often make rehabilitation funds available at below-market interest
rates or with extended payment schedules. This non-traditional financing is often the key to
�etting the revitalization ball rolling. Funds for such non-tradit�onal programs come from a
variety of sources--community development funds, Communiry Reinvestment Act programs, and
private sector contributions, to name only a few.
The idea of a community development bank for MSP-area communities is worthy of further
ex�loration. While the indicia of distress and disinvestment are lower f�'the5e cdfr��ufinties than
was true in South Shore, a community development bank may be able to help stem deterioration
in some residential areas and provide venture capital and rehabilitation funds in commercial areas,
particularly neighborhood commercial. Chartered by the state legislature, start-up capital for such
a bank might come from a combination of sources, including MAC, area governments, and even -
the state who could deposit funds therein. Area companies (particularly those associated with the
airport) could also assist by depositing funds and making program-related investments (which
typically must be paid back, but at very low rates of interest.)
�ut� _1 � '� ' ' �� .��
In the real estate development �business nationally, it is an increasingly common practice to
provide incentives and benefits to neighborhoods and communities that are asked to bear the
impacts or burdens associated with a large facility (e.g., a large industrial development or ski
�
7 �
resort). These might range from road improvements to ease potential traffic jams to set asides of
significant amounts of park land to offset loss of open space on-site or increased demand on local ,
parks associated with an influx of new workers. The types of other incentives offered by�'
developers include: �
• Community and recreation centers;
• Contributions towards local police, fire, and emergency medical
' services/equipment; +
• �'Planning assistance to help cope with anticipated impacts;
•. Sgecial rates for use of commercial facilities (e.g., discount tickets at a ski
resort).
In a general sense, these incentives and benefits are intended to protect and possibly enhance the
quality of life in an area in which a new development is viewed as potentially compromising that
quality of life. They can also help take the "sting" out of having to live with a major
development. .
In the context of the airport, an incentive/mitigation package might include, for example, funding
for additional indoor recreational facilities. The logic would be that such facilities would help
"compensate" surrounding neighborhoods for the adverse impacts airport noise has on the use of
outdoor recreation sites. MAC has already taken some important steps in this direction by making
some of its land available for a public golf course that not only provides additional recreational
opportunities, but also provides an important buffer for neighboring Richfield.
Private companies might also be enlisted in this effort. In many communities, airlines contribute
free or discount tickets to worthy community causes in airport�environs. For example, to
encourage community involvement in planning for the redevelopment of Stapleton Airport in
Denver, Continental Airlines contributed airline tickets and lodging as prizes in a contest for
school-age children to suggest interesting uses for the site. The MSP communities feel that the
many companies and firms that are dependent on the air travel and.cargo business and are more
than willing to weigh in on the side of keeping the airport at its current loEation hau�n @bligation
to assist in dealing with the adverse impacts of the airgort as well. Noise insulation programs,
because of limited funding, do not even deal with the major adverse impact associated with �the
airport, let alone the serious secondary effects discussed above.
��r ' � � �i ►/' :;.
A recuning problem around most major airports throughout the United States is the continuing
construction of uses that are incompatible from either a noise or safety persgective. Several steps
have been taken in Minnesota to guard against this persistent problem. For example, the state has
enacted the Airport Zoning Act (Minn. Stat. sec. 360.061 et seq) that requires municipalities
within airport hazard areas to enact special protective regulations to prevent constru�ion or
expansion of certain high densiry and other uses. Similarly, the Metropolitan Council, as part of
�� its regional planning responsibilities, has promulgated model noise prOtection standards that are
g ,.
.
to be incorporated into local comprehensive plans and regulations. Unfortunately, these
requirements have not worked in practice. The joint zoning board established around MSP
pursuant to the Airport Zoning Act is no longer active. And while a few airport-area
municipalities have adopted the Met Council noise standards, the majority have not (although most
have some noise protection/insulation standards for new construction).
If the airport is to continue to function in an efficient, safe manner, it is important that� steps be
taken to make these'processes more effective. To do so, the legislature should consider:
�
• Integrating the airport zoning ordinance safery requirements with the Met Council
noise standards to be administered by a revamped Airport Zoning Board.
• Putting "teeth" into the enforcement provisions of the Airport Zoning Act so that
local compliance is ensured. At the same time, the state legislature must address
the issue of comgensation if local regulations prevent a proposed use and local
governments are threatened with "takings" litigation that may result in a damage
award against them.
• Requiring that local implementing regulations be performance based, that is, they
specify preferred result, but give local governments regulatory flexibility in
achieving a specified objective.
• Providing land use planning assistance to local governments so that they can
comprehensively assess and plan areas subject to airport impacts.
'- ' �1 C
�
9 •`
0
`
�
AIRPORT IlKPACT MITIGATI4N TOOLS SUMMARY
r '
�
�
TOOL' SOURGE OF EXAMFLE
. ALTTHORITYIFT.TNDING
Praperty Value Guarantees MAClState of Minnesota Qak Park, Illinois, equi€y
assurance program.
P'referentiai Tax Programs State of Minnesota Minnesota urban home-
- steading tegislatian.
Housing Revitalizatian State of Minnesota Minnesota "This Qld House"
Pragrams • legislation tax credits for
home renovation.
Tax Increment Financing State of Minnesota Current state ta3c increment
Expansion financing iegislatian.
Community Deveiapment MACIStatelAirport Retated South Shore Bank in
Bank Businesses Chicago.
Community Incentive Aizport-Related Businesses/ Large real-estate
Programs MAC 'deveiopments; ski resarts.
10 �`
��i
0
:.- l
_, � 4� � ,
l �
��
' ,
�� � �r
�_ . �
. +� '�.
. � --.���• �`
. ►-
,
.
.... . _......_... .. _...._. .
�; � . i � �� j , � � � ��
_a:LJ.... � ,� 1
=, 1 / 't Q/,� � �..'. � .� .._�.: i.
� � %� ' s� , �i (. � - .
I� ... ` / /� (,
L' _ . � ' � .
�� .� i �, '` �/ � tv� West �' '
I � ,�� �� �.. :� St. P u I � �` � �:
E dina � _ �.� ; L.w! ale i South :
s: � Q, � ndo� St. Pau �
, . ..�.�.�-. _�i ,�_ ,
j Richf�ld '��� � ,�Q ndota� �
� r`F1 i hts�� �, i�o Newport
. � �Sunfis � � 1
� � � ss � ILa k ..;� i_
.. ^___._.... . � �-
. __._.........._. _. .... �.__..... _._...•-- . . . . _..._ . _._ � -
- -- ---- � � �� ___.��
t
,s, � � �' ♦� � �. r __ �
1 � < ; �
, i. �, � � � �
� ;.; � n � ss St. Pa u I
� �,� 13 `� �; I nv r G rave ' Park
a� n� /� �'• � H ights � ���; ��'
Bloom'ngtan � i '�► �`(� �o � � ! L.�:�, :
� � 1 � � � ��
s ` � � ji � ji
� _ — � � � �� �' 1i
u � = gan � GRE
.,t i� � ,�' �
� t ��---
`.i^''-\,, : �'� ��'•.. • � �
. '�^ t
» �_,��
� �
►.;/�'' �.�.
� :� .r�.�,
�t,s:':�1•:;.5:..
�'� ��, ,.! },,��i
"''�;:. :i. �;:�:M;t:
:.`w• :,�, .
�- • .
��city of
bloomington, minnesota
2215 West Old Shakopee Road • Bloomington MN 55431-3096 •(612) 948-8700 • FAX: 948-8789 ■ TDD: 948-8740
City of Bloomington ,
Issues and Expectations for MSP Mitigation Plan
June 3, 1996
1. Committee needs information from MAC �nd FAA on operations altern�tives which
affect mitig�tion pl�nning: .
♦ Will 4/22 Runway Use System change be abandoned?
♦ Flight Tracks for N/S Runway
♦ Timing of new N/S Runway construction
♦ Timing of south parallel reconstruction
2. Committee should work first on "principles for designing � city's mitigntion pl�tn"
before entertaining individu�l city proposlls.
♦ Which year noise forecast will be used?
♦ Where will residential acquisition and land use modification be considered?
♦ Where will single and multi-family insulation be implemented?
♦ Will any other pro�rams be part of the mitigation (purchase guarantee; schools, churches,
public building insulation)? ,
♦ What are the priorities for implementation?
3. Bloomington Issues -
♦ Insulation for 75 deferred area homes — regardless of noise contour - -.�� e
♦ Possible acc�uisition of certain homes in deferred area
♦ Possible acquisition of single and multi-family homes in N/S Runway LDN65 contour
(Long Meadow Circle, along Old Shakopee Road) -
♦ Definition of insulation area
♦ Extent of multi-family residential insulation �
♦ Insulation for schools/churches
♦ Proposed timeline for acc�uisition and insulation
♦ Resident relations effort and maximum operations mitigation on 4/22 during _____
reconstruction of south parallel
♦ Consistent program iinplementation once adopted and announced
. �.
City of
BURNSVILLE
���� 100 Civic Center Parkway . Burnsville, Minnesota 55337-3817 (612) 895-4400
June 3, 1996 •
RE: AIRPORT NOISE ISSUES; MSP MITIGATION C4MMITTEE
Burnsville is not typically considered to suffer unduly from aircraft naise. We da not, for
instance, fall within the 60 Ldn{Ievel daylnight) contour line for parallel nuiway aperations.
Still, our comrnunity will face increasing aircraft noise with the completion of the runway 04/22
e�ctension and, more significantiy, with the eventual construction of a new northJsouth runway.
These developments carry added significance since they may affect many Bwrnsville residents
wha are unaccustomed to aircral� naise and who may have si#ed their homes with a cieaz and
understandable expectation of being cleaz of major ar.rival and departure pattems. For these
reasons, airpart planners should carefuliy cansider the faliowing:
1} Stage IIi Fleet Compiiance - It's vitai to enforce airline compiiance with the requirement
to convert to quieter aircraft by the year 200p deadline. This will obviously benefit a11
communities near the ai.rpart. It wiii be particulaziy helpful in blunting adverse reaction
from comrnuuities, like Bizrnsville, that are unaecustomed to a significant number af
aircraft overflights.
2) Equitable Aircraft Noise Distribution - It's important to equita.bly distribute aircraft noise
azound the augort. This means more than simply directing aircraft to ar�d fram as many
points on the compass as possible. It also means being sensitive to the fact that many
people have located their homes specifzcally fo avazd aircraft f�oise. We cannot be
cavalier in disregarding the legitimate expectations such homeowners have. To this end,
it wiil be important to u#ilize a Standard Instrument Departure (SID) for alI southerly
deparh.ues whenever operationally feasible. This SID would keep aircraft noise over the
Mir�nesata River bottoms and away from Burnsville and Bloomington residences.
, _ � ,�
3) Adoption of MSP Airpart Area Protection Concept Package - Property owners shauid be�
reasonably protected from the deleterious effects of aircraft noise. The recommendatians
contained in the draft report go a long way to accomplishing this. Particulariy usefizl
would be the designation of cammunities within the 60 Ldn noise contour plus ane mile
as eligible to use the mitigatian taols described in the report. Consideratian should be
given to extending this designation to communities similarly a�fected by departures on
the extended runway 04/22 and, eventuaiiy, the new North/South runway. Guaranteed
properky values, preferential tax consideration, and community incentive programs aze
exeellent tools and should be promoted forcefuily.
��
Submitted by.
Elizabeth Kautz
Mayor of Burnsville
June 4, 1996 �Citie$ sur.rounding
Star & Tribune
� airport� take turns
discussin � � plans �
g
for noise. control �
By Laurie Blake
Star Tyibune Staff Wriier
�Now that the decision has been made to
expand the Minneapolis-S� Paul IntematlonalAir-
port, the �next task is to decide how to protect
propertyvalues in the surrounding �ommunities
from the adverse effects of that growth. . •
Monday� city officials from Mendota Heights�
Bloomington, �tichSeld and Burnsville made h
clear what klrid of � rotection they.exp ect '
• Mirineap olis, S� Pa�ul� Bagan and Inver Grove
Heights offidals will get their tam on �une 26.
Orice all'the ideas�are on the table� the city rep-
resentatives and those from tiie MetippolitanAir-�
poris Commisaion, the Metropolitaa Council and
Nortliwest Aiilines wlll try to agree by September
on an airport noise mitigatlon pro � '
Their proposal would have,to e approved by
the MAC and t�en forwarded to the Legislature.
11RPORT from B1
�Vlayors �iscuss how to protect
�roperty val�ces near airport
Because so much Is as at stake
or their communittes. the mayors
�f che affected ddes ue pecsonally
.ttezdtng the meetIngs, which are
pensored by the MAG
Yesterday, Mendota Heights
¢ayor Chuck Mertensotto made a
orceful demand for thro� out
he old method of dIstributing air
raffic around the aicport. j
If the adJoining communides
,vant to enJoy the conventedce of
iav[ng a major airport factltry
�ithin 5 to LO uilnutet of travel,
hen all the:urrounding commu-
�tdes must:hare tn the burden of
he notse generated b�- '� facQi-
ry," he said.
"It [s totally InequItable far the
ctdes ofMlnneapolte aad Rich6eld
on the west side of the airport and
the citles of Eagaa aad Mendota
HeIghts on the east stda of the alr-
port to be subJected to approxl-
matdy 85 percent of the fllght
operatIona. Therefon. Mendota
He[ghta feela that the equitable
dlstribuSoa of aircratt notae is the
paramount Lsrue the [airportJ mtt-
igattoa committee must addresa,'
Mertuuotto aid.
Choosing rciutes •
Redisutbuting noi�e to the
north and sou'th of the airport
would �esult ln more plaaea flY�B
over St Ps�ul and Bloomingtoa
Bloomtngtoa Mayor Coral
H��Id a rcdistcibutlaa of cwlse
wout aoc t�e m h�r oanmunccyr:
ha
t�c mcerat stoomtagcon waau
to toau oa:tr�l�htecilng the ili�t
tracks �outh oP the aI�port so
planes go mner the Minaeaoa Va!-
ley tud of throuxh BloominR-
wa�en thry take o$ Aad HouIe
s�I 5 homeownets ue swatting
wo oawhetherthetchomawW
be I�lated or parchised, and the
dry wana to rexpond to them a�
woa a: po�aible.
BivasvUle Mayor Bllzabeth
Kautz alw called for a �undud
deputure path over the commu-
th ai[port to IceE
dtla �u of the p
�lanea over the Minaeaots River.
M�Y P�ple hive located thelr
. homea:pedtiallyto avotd ainsaft
�
Turn to pIRPORT on B7 for.
—Mendota.Heights wnnts noise bur�n spread .
amuncl, w.hiie Bloomington ctnd.Burnsville
' want stdtutard corridor over Minnesota River.
noise,` she sald. "We cannot be
Cavaller ln disregarding the legitI-
mate expecutions such home-
ownerahawe.'
Richfteld Ctry Manager Jim
Pcnsser ald the goal of the aoise=
mttigaUoa program �hould be to
maka tha propertta near the alr-
port as taaketable as thoae that
ue not neu ttie atiport by stuau-
lating nlavestrnent in aeighbor-
hoods aea the airport.
He satd the communtttes wW
not be :adsSed with a pro�am
tlut merdy meets the legd re-
qulremeub of nolse midgadon set
out the Fedenl Avlatton
tration.
�OA$ thE itlite�(CS bE�II$
coastdered for maInta�n[ng prop-
erty valua uound the ai�port ue
ha a goverument s.genry,
prob ly the MAC� guuaatee
pron^�*v values so that people
would not be afrald to Invest in
their homex offering ta�c credits to
homeowners who upgrade ttteIr
homes, aad extending the sound-
prooIIng pmgraa 6eyond the
boundarIaapprovedbytheFM. �
Wiw wpl pay? '
H these opHons. sll ex-
��C Comailssioner John
of 8loomington said that
whlle he waats to dellver aolse
c�elief and comprnsate oom-
taunides for the burdens Imposed
by the at:poc4 it also wIll lte neoes-
sacytoq�y' w�hatproblemswW
be aeated by tf� ai:port a�ansloa
at
prope�iy values pcaa be affecied
�j/mtII}�fEdOI:� � �Tf th�iC SI�C II
half-dozen factors thht go into it, I
don't thinlc the aicport should pay
for all of i�' Himle sald.
Who would pay foz the midga-
flon pmgram has not been deter-
miaed, but some of the money is
expected to come from the Air-
poccs Commiss[on, some from the
state and some from Northwest
Atrlines, which provides most�of
the plane servIce to the' Ttvin
Cities. ••
MAC Commissioner TomII1y
MerIckel ofArdenHlliswamed the
group that he would be reluct8nt
to use the MAC's property taxtng
authority to pay for noise mlUga-
tion. The MAC makes a point�of
having the sIcport pay for itself bn
the revenues from airlines and
concessions. It has never used its
property tax suthorlty.
Summing up the conflict and
challenges involved in settllng on
a noise mitigatidn program, MAC
Commissioner Steve Cramer of
MInneapolis, chaIrman of the
committee, said, "This is going to
be tough."
':�
CITY OF MENDOTA HEIGHTS
�� �
June 14, �1996
TO: Mayor, City Council, and City A� tor �
FROM: Marc S. Mogaa �`^S*�
Civil Engineer
SUBrTECT: Authorization to Proceed with Preparation of -
1997 Street Reconstruction Feasibility Report
DISCUSSION:
The Mendota Heights Highlites Newsletter has publicized past and current street
reconstruction projects over the last couple of years. In the February 1996 edition of the
Heights Highlights, the neighborhoods of Bunker Hills and Tilsen's Highland Heights
(see attached) were mentioned as possible candidates for the City's 1997 Street
Reconstruction project. This information prompted a response from many residents in
both neighborhoods. Most of the written correspondence staff received (see attached)
came from residents on Lilac Lane in the Tilsen's Highland Heights area. Based on my
personal dealings with residents in both neighborhoods, it didn't appear that there was
clearly more interest or support for a street reconstruction project in one neighborhood
compared to the other. . . . . .
When driving through the two neighborhoods, I observed that the Bunker Hills
neighborhood was clearly in worse condition overall than the Tilsen's Highland Heights
neighborhood. The Public Works Department confirms this observation as evidenc,�d by
the 24 tons of bituminous pothole patching material that was placed in the Bunker Hills
neighborhood already this spring as opposed to the relatively insignificant number of
pothole repairs which were made in the Tilsen's Highland Heights neighborhood.
Each of these two neighborhoods have approximately 1.75 to 2 miles of streets.
Both neighborhoods are slightly larger than the 1.6 miles of streets which are currently
under construction in the Curley's Valley View Addition Reconshuction project.
`
RECOMMENDATION:
While there was interest expressed by written correspondence, and telephone
conversations with residents in both the Bunker Hills and Tilsen's Highland Heights
neighborhoads, I recommend that Council order staff to begin preparation of a street
reconstn�ction feasibility report for the Bunker Hills neighborhood on the basis of a
comparison of the relative street condition in the two neighborhoods.
ACTION REQUIRED:
If Council desires to implement the recommendation, they should pass a motion
adopting Resolution No. 96- , RESOLUTION ORDERING PREPARATION OF
FEASIBILITY REFORT FOR STREET RECONSTRUCTION IN THE AREA
RFFFititFn TO AS BUNBER HILLS INCLUDING PROPERI'IFS IN
RIDGEWOOD PARK, SOMERSET HII,LS, SOMERSET HILLS NO. 2, A1�TD
VALLEY CURVE ESTATES.
r.
,
0
C
b
- � , �
PAGE 2 ` HEIGHTS HIG�ILiTES February,1996
�� .
TJ�PCCC�l�iI��T� ��PRC���E11�I��T PRC���s _ ���,� s�M4.�,. r�.�.
.1� ` . � s , .M.° � . .+ ... _ , .
Thompson Avenue Storm Water Diversion
Communiries within the Lower Mississippi Rivar Wa#eished Management Organizatian
(LMRWMO) have been initiating storm water and erosion control improvement prajects aver
a nvmber of years to address sgecific storm water problems within the member commnnit"res.
Examples of these past irnprovement projects include Ivy Falls Creek, Ma�eld Heights
�Diversian, Riverrain Apartment Starm Water Pro}ect, and the Colony Tawnhome Storm
Water Project - � . •
'Ihe last major storm water impmvement project iden 'rif"ied by �e LMRWMO which
ramains to be constructed in Mendata �Ieights is referreti to as the `Ihampson Avenue
Diversion. This pmject is a storm sewer improvement which would reduce the flaw rate in
the upper reaaches of ivy Fatls Creek by diverting eacisting runo� ariginating Frimarily within
r c
West SL Paul, away from the Ivy Falls Creek drainage basin to the Inter^tate Valley Creek
' drainage basin. Storm water iunoff diverted by the prajed will be detained within existing
ponds on the Somerset Couniry Ctub galf course. The ponds wilt be r�-engineered to detain
larger runoff volumes for critical desi,gn rainfalls. This project will alsa serve to protect
existing trees at t12e outlet af the existing Thampson Avenue sEorm sewer s;ystem, as well as
help maintain water levels in this area of Samerset Country Glub during dry periods.
C�nshuckion activities under this impravement pmject will be con�ned ta the area near the
inte�rion af Thampson Avenae at Delaware Avenue, or �ntirely an Somerset Country Club
P�P��Y• � �
This improvemant project is planned for constructian in Navember. In accardance with
established LMRWMO cast apportionment criteria, approximately 90% ofthis improvement
cost wanld bs funded by the City of West St Paezl. Mendota �-Ieights is responsibte for the
remaining ten percent (10%) share of #his project, approximately �10,(}00, which will be
i�'�tirely iunded by the city's Storm t�ater Utility Fund.
s,r �
CUitLEY'S ADDITION STREET RECONSTRUCTI(JN
The City's Engineering Deparhnent is in
the process af finalizing plans and specifica-
tions for starm sewer and street reconst�uc-
tion improvements in the neighborhoad. The
project wili be bid this winter foIlowed by ''
construction starting late spring: w• �
This street reconstructian project pruvides
Northern State Power Company (gas divi-
sion} an ideal opporhu�ity ta update and re- '
place the existing residential gas distribution
system with one that meets current stand-
ards. This naw gas distribution system wiii
be constructed approximately 3 feet behind
the progased curi� an each side of the street
Gas pipe will be trenched in grassed areas
only, and will be "Pneuma Gophered" under
driveways and Iandscaping to avoid disturb-
ing them. -
This gas distriburion system wark will�be
performed for Northem States Pawer under
their supervision at na additional cost to the
Curley residents. This gas distribution sys-
�tem work will accur prior to, ar concurrently `.
�ith construction af the City improvement
w�...nw4 • ♦
There has been some limited interest ex-
pressed by residents in the Tilsen's Highland
Heights and Bunker Hills neighborhaods
about the possibility af t�e streets in their
neighborhood becoming the next priority for
a street recoustruction project in the City. If
_ ti
, you wouId like �to' �xpress your apinion or
want more information, contact Marc
Mogan or 7im Danielson at 452-1850.
�
,._� .. �
�`
:.�, ,
[ayor' 454-3394
r�'�` � 450-0729
� � �.
� ���r� 451-9508
� 454-5696
{ .. 688-7444
i�t.� . 452-1850
;�<;; • -
y Clerk 452-1850
� � � � � 452-1850
.,£. ;
; Chief 452-1366
�f,.;:.-� • 454-3266
cets: '
���.-
::�:-'.:. 452-1850 �
Wentwarth Avenue
Watermain
This summer, a 30 inch diameter trunk
watermain will be installed alang
Wentworth Avenue, from Charlton Avenue
in West St Paul to Dodd Road in Mendota
�eights. This project is pazt of a pIan to
3ncrease the City's water supply for current
P� P�riods and projected future demand.
The trunk waternnain will originate at the
six millian gaIlan reservoir in West St Paui
and rnay eventually be canstructed to the
City's water tower in the industrial pazk.
Mendota Haights is coordinating�its work
with West S� Paul, and St. Paul Water Ufil-
ity, who bath will irts#alI the watermain to the
City's border at Delaware and Wentworth.
Mendota Fieights will hire a contractor ta
continue with tb.e installatipn along
Wentworth ta the intersection of Dod� Road.
• Instaliation of the trunlc watercnain shouid
improve the ability of the water disin�bution
system to maintain the water Ievel in the
city's water tower. lfiis shoutd reduce the
likelihood that the city will need to impose
significant iawn sprinkling restrictions. Af-
ter the trunk watermain is put into service,
the city's wa#er system wiil be monitored
and analyzed to detetmine how much im-
pmvement it has on the system and under
what circumstances lawn sprinkling restric-
tions might be necessary.
• During installation of the waterc�nain t�tere
will be a traffic detour away fram
Wentworth Avenue for all vehicular trafftc
except for those property owners living
.,�ong the conshuction route. Any questions
concerning the project may be directed to the
Engineering Department at 452-1850.
Heights Highlites is
Ietter disiributed to.�;
them on events .and'�'�
Mendota �Ieights. �A11
�; ;
prodaction are-doiie`b�
�-� - r.x��.::
If yau knaw-wany;:i�
receiving We �I3eiglits�
- 4:
vite them to contact�L
l�i °-' t^•%"�'di
to be piaced on�the ne.
� .%j�'„di s'..Y���'
.1�tt, �...'n
�i
�_ .
________e______. _ _ _ __ . __ ___ _ _ _ ___ __ _ __ ._ _ _ �
— _ _—_— —.—_ __ ___ ___ _
�
�
City af Mendota Heights
Dakota County, Minnesata
_ i"
P�ESfJLUTION NO. 96-
F►ESOLUTION ACCEPTING PETITI4N AND URDE�t:Il�TG PREPAR�TION
OF FEASIBILITY REPt?RT FOR 5TREET RECONSTRUCTI4N UF.
THE A►REA REFF.RI2Ell TO AS BLfNKEIt HII.LS IN�LUDING, .,�
PR4PERTIES IN RIDGEWUOD PARB, SOMER5ET ffiLLS, ;,
SQMEI�SET HILLS NO. 2 AND VALLEY CUR.VE ESTA7'ES �
. WHEREAS, a petition has iaeen filed with the City Cauncil requesting street ;. �.
xeconstruction to serve the area referred to as Bunker Hills including progerties in Ridg�waod
Pazk, Somerset �iills, Somerset Hills No. 2 and Valley Curve Estates. _ „
� � . . � �. � -. ..
r _ .
NOW THEitEFQRE, IT IS F+",! BY P�FS4LVED -by the City Cauncil af the City
of Mendata Heights, Minnesota s as follows: ` ;, . .,
y � , • ,. , ' . , _. r , _ � '
�• '
1. That the.above described petition be and is hereby accepted by the City Cauncil of the
City of Mendota. Heights. .. . � x t... - .. - g: . �,, . _ � .
� �,
" ' . .;r - . � , _ `.-
2. That the City Engineer be and is hereby authorized and directed to prepare a feasibility
- study as ta whether said pmposed impmvements are feasible, whether said ,
. improvements should best be made as proposed or in connection with some other-
� improvement, and as to the estxmated cost of said ,impmvement. '' - � ,� ; , . . �
_, � - ., - .,-
. �, . . . .
Adopted by the City Council of the City of 1Vlendata Heights this 1$th day of June, 1996.
r�' �� . .. :s � . _ ,. t . . . . . . . . . . ;h _ :x
� _ -_ � • . . � - � , ;.r:,
~ �- _ _ _ . ,,.' . CITY COUNCII, - . .. , � ;.: ' . - - .
__ � � - CITY 4F MENDOTA HIIGHTS •� • � - , ;,�
, , .. _ . . _ . _ , _
, -ti. , :r' - : ..... ' - r..+ e ..
_ t. . . _ _. ._.
j ' • ...
._
l. , , +�y �' • -'Z .�. S `i j. .�r, � .
- . . Charles E. Mertensotto, Mayar : .: '..:
- � . � � . � . ,_�� .._
; ' �}`� .. _ � �lJ . . :_rii L .. " _ . ' r� -
ATTPST:
° . � ,���t, �;.._ �� . �� �•�f_ � �
� -r
Kathleen M. Swansan ` �' � � �'�� � '�
.; : ,
. _ Z k `
City Clerk � � s ':- � - � z
-� ct:* .
�
� �.
.
�
, ;�:
i: �
�
��:
...,..--- .- ��� . _ � .^� : _ �
R�,ra+ , � . ._._..
Q ....- . � Ca*�`""""`» -"'"� "` . /
��r �� "' - - -- !�` '?.�« �.
��` �% � ,,,,,�- _-_°-' �;r;.. -- - ..�--,_,_,.� • • , • -
p ^ tl,r _ � ��/► ,�,., .ae!! k , ._ .� ,=,.�..-. • -
4-�' �'�'' Ys�r '� . ,n _ �_ _. - _ :: ., . �
��
► � � �1 ,'�' t . '�� � � � �_:: - - : .
'S � � �, .. ' !
• � ; ... � .
�
.. ,µr1 - rl�^'��u.a ri.ua,� . ..�.� .:i_ a �, . � .
V�t��l ��f• p�� ' • ~ � � • ;' ••
�,���f _ •,, � � + `-,� , . � f . !„ rr� . �% � �.��.. y� • '• �
; ' • :.%' . . � ' � � � _ (i. . �,,,s•_ . ,� .
F�FL , ., ....��"'�,`.. ...•�,,.. �'�� Q '� t�Y _�=_ � : ti ' `.`' .j ;
' r� ?�"� � �`� � "� • � ��% p � � "'" --'�' • . vy'.�
�- x� � /'�/^' �.�,,,� � Y.- � � .. 'G/ � . •y . .G
• Q . �. . , �. "���X r y �~~ p �Q Qo � �.. ��. � � .. . - \J
� 'c, „� : � x �� . (y Q 4 Q O . . � .' i.`
s �'� ^i r�,�e R.•• , . C! ��f�8� �' • • � .` 4�
'S � ; { �,�'"�.,,j t,.�,; • s.... � •r (� � � X� ��r�'�j' ��qj p� • �� � t%'- j - . . t c „ .
-, = � J . _ _..,-"_ ' ✓ 6 Q ,!� �°"°" d� � • � �., � � 3
� ; � Q � "'__..'.� ' . . . tJ � Qr `�� %- �..r . '�
. , _..r /� 'ti.'�"+.�y1 � w > .� Df � Z
� �..../ `r.,,.,, �• ;p .t �r •V ,`;,
p . � HN� • . "..'`. .�``'�-`�".. �Y��,,,.�5""� ; .�
� ' _r.... _ • � �. . � ii . . ' o'`� ��� " �
� � _.._..-----. c.�- W' • ^'r----.. .� ` .° W
o �
� 4:V'i . • �,�,...•'• , ^�
u.. � ,_,. .,,.,.,,�` _
• ��.�. .
, . , . ,
`�i , �---� �'l � '` . -
�-.---- -�-1rt�
+ � (� "'—'/ - ............. , .
. � ���, v _/' �.----
� � ' _'���,�----_
,
r ,
V;��?r� J .�_--.... , . ,� �-� , .
� � r'k��' � 0 .� �
l� `t • � ' �Q • � +.''".--��� C3 "r'� 1�y „r�t. N Ar��' f..�.ct
, fl, ...-/ £Y.s:.. r .
, O . ' `--�' ' ...., -+� � • �.�,.,,.,,,,,,...5�-�� � �q J� pT'A
. � pwA+�r.Y 'K tt� . ,,,.;,..+�"" ' " " £�
; � s f( _ 0 6 ,-, - .. """ � � _r.,,,,,.......,--- , .
PAGE 2 `' HEIGHTS HIGHLITES �'ebruary,1996
UPCOl�/II��TG IMFRO�TEl��IElOTT FROJE :�={-:�T'S
. .. _ _
Thompson Avenue Starm Water Diversion
Communities within the Lawer Mississippi River Watershed Management Organization
(I.,MRWMO} have bee�n initiating starm water and erasion coniral improvement pro,{ects over
a number of years to address specific storm water problems within the member communities.
Examgles af these past improvement pmjects include Ivy Falls Creek, Ma�etd Heights
Diversian, Riverrain Apartment Storm Water Project, aand the Colony Townhome Storm
Water Projec�
The last majar storm water improvement project identified by ihe LMRWIVIO which
remains to be constructed 'vn Mendata Heights is referred to as the Thompson Avenue
Diversion. This praject is a storm sewer impravement which wau2d reduce the iIaw rate in
tbc upper reaches of Ivy Falls Creek by diverting existing runof�, originating primarily within
West SL Faul, away &om tt�e ivy Fatts Creek drainage basin to the Interstate VatIey Creek
drainage basin. Storm water runoff diverted by the project will be detainerl within e�cisting
ponds on the Somerset Country Club golf course. The gonds will be re-engineered to deta.in
larger runoff vatumes for critical design rai�nfalis. This praject witl aisa serve to protect
existing trces at the outlet of the existing Thompsan Avenue storm sewer system, as well as
help maintain water levels in t�is area of Samerset Country Club deiring d�Y Periods.
Construction activities under this improvement project will be aonfined to the area near the
mtersectianafThompson Avenue atDelawareAvenue, or�ntirelyan SomersetCauntry Club
P�PeKY•
This irnprovement project is planned for construction in November.ln accardance with
esta6lished LMRWM4 cost appartionment criteria, appra�cimately 90°/a ofthis imgrovement
cost wonld be funded by the City of West S� Paul. Mendota Heights is responsible for the
remaining ten percent {IO°!o) share of ihis project, appmximately $10,000, which wiil be
�tirely funded by the city's Storm Water Utility Fund.
Ci.1RLEY'S ADDITION STREET P�CONSTRUCTTON
Ths City's Engineering Department is in
the process of finalizing plans and specifica-
tians far starm sewer and street reconstruc-
tion iunpravements in the neighborhoad 'Ihe
project will be bid this winter followed by
canstruction starting late spring.
This street reconstrucrion praject provides
Northern State Power Company {gas divi-
sion) an ideal opporiunity to npdate and re-
place the existing residential gas distribution
system with one that meets current stand-
ards. This new gas distribution system will
be constructed approximately 3 feet behind
the proposed curb on each side af the street
Gas pipe wili be trenched in grassed areas
only, and will be "Pneuma Gophered" under
driveways and landscaping to avaid disturb-
ing them.
This gas distriburion system work will be
performed far Northern States Power tuider
their supervision at no addidonal cost to the
Curley residents. This gas distributian sys-
'�m work wiIt occur priarto, or concurrently
ith construcrion of the City improvement
%Ieights and Bunker i�iils neigifbarhoads
about the possibility of the streets in their
neighbarhoad be�omutg the ne7ct griarity for
a street reconstruction project in the City. If
yoa would like'to'�xpress your opinian or
want more information, contact Marc
Mogan or Jan Danielson at 452-1850.
'' � Y
Sandra
�� ���;.:�.;;�:t;:.;;:,:�_;� �. ..
...:v.µl;� t�;; ` .
� , ,:�1'�y.� ; �'ti� rr ''�`",�# :.a
,��,�.y° ,.
iAff MPf►llfPl R'`<'�'��,�,�a'.:�'r.
'��City.
454»3394
450-0"729
�s�-ssa�
454-5696
688-7444
452-1850
ty Clerk 452-1850
452-1850
�r�,:.
�e Chief 452-136b
ief ; � . 4543266
There has been some Iimited interest ex- �.oae�rnr,�ozcem�n� urn;cers: ,. ,
*r.= ..�.,.t r �rt
pressed by residents in the Tilsen's Highland ,P�u �Be� &�,�ick � ll Y�,�. ;�• 452-I850
Wentworth Avenue
Watermain
This summer, a 30 inch diameter trunk
watermain will be installed along
Wentworth Avenue, from Charlton Avenue
in West S� Paul to Dadd Road in Mendota
I�eights. This project is gart of a plan to
inerease the City's water supply for eurrent
peak periods and projected future demand.
The t�unk watermain will originate at #ha
six millian gallon reservoir in West St. Paul
and may eventually be canst�ticted to the
City's water tower in the industrial park.
Mendota Heights is coordinating�its work
with West St Faai, and St. Paul Water Util-
ity, who bath will install the watermain to the
Gity's bprder at Delaware and Wentworth.
Mendota Heights wili hire a contractor to
continue wiih the installation alang
Wentworth to the intersection ofDod� Road.
1'nstallation of the trunk watermain should
improve the ability af the water distn'bution
system to maintain the water level in the
city's water tawer. This shauld reduce the
likelihood that the city will need to impose
significant lawn sprinkling restrictions. Af-
ter the tntnic watermain is put into service,
the city's water system will be monitored
and anaiyzed ta dete�nine haw much im-
provement it has on the system and under
what circumstauces lawn spriinkling x�estric-
tions might be necessary.
• During installation of the watermain there
witi be a traffic detour away fram
Wentworth Avenue for all vehicular traffic
except for thase property owners living
�ang the conshuction route. Any qaestions
concerning the pra,ject may be directed ta the
Engineering Department at 452-1850.
p'�' � '�"..., �
Heights Highlites is a governmgnt;news-
tetter distributed ta .residents��:tb�inform
them on events.andY�activities�th` affect
Mendota Heights. �A11� articles, la irt: and
� -:.:.:
productian are:doiie`li�y'�,;ciiystaff' ` e'.'intr�rs.
'✓..�+ , f i�q.i`f.
If you know�any;;.�esidents w�io;are�not
receiving the Heigtits�Higlil�tes;�p easeu�-
vite them to cqntact:Citj!.yHa11,.45 SY'185U,
to bs�placed oii�tlie.iiew'.s."letteriiiailling`_list.
�
N
NO SCAlE
�
w, ctati
:R4rilCa ta.
C�
�
Cut�
,
�. .
4 K �
Cp ,r�4�'Y�,41S Q'� t.r 4
� p.'4 �<<' y .� ia�y
IS y
�' *� Kt+O�I'MOQ t�i��. rC� �t
SZ /� C,. � .*o�� a `'* S. Ylv SY����
35£ ;" � H.; o` `4` ,,; �4 ptt► * ,�
., a ,� : J ��, t• {��„"�
;: ��' .. �..�. y y�,,y EAtEfY RON 4'J£ �'"r o OK • � Gi
..': � (� st
...� �L���� I �� _._� nr"� '`.. � 1-'"1 �� .V .
// uturr aa�
< � Pai
f J��
� ,. ,5 e a �
:
c,�,�"a N �p, otar� q
%Y m
� W TFlE! 0 Cl Pti"�• � �a 1R►lL
=MCTS. � � Lt' � c
��'7 J�4 F�, o OEEH t'qAll
� Cl; � � 4t tl(MA
F � .v .ri �" r.'� � C .
♦
q1Ct.45 � ` Q Q� OutB p.a f78H
t,ti�E`° � s < «� 23 2t
ti
t40K RQ. } pi*� R, 2E 25
u N,NN'�IEM ��R Q2Sx�
� u►N!E `x"5. 1WR'�t ft Cfa. tvE.
t '� q y
A ��< � L/.
i �� Q,#.FpR,,QIt� � `� vF��
"O � E��E� �
, ,�, 1RATo Ct /
� _ RD. Q.�P' �j ,/' J2. CI IiN �,
.a ,o' %'0[N pR,
i
,Tn
LA.
illl R0.
�ftJ:IE
�
�,�r ti.
EY (,A, j
EEwav t�D.
R0. .
u._r�s <
j sv . �:
�
N
R23� 1 ]� � B
2<,�9
T26N
/� � �� � �����.�� PRC1PaS�D STREET RECaNSTRUCTIt�N
Hexghts BUNKER NtLLS OfiJ1419fi
MSM
i101 VlCtQRIA CURVE * MENDOTA NElGHTS, MN 55ii8 �Gl2� 4a2185Q
N
No sca�.E
\:
./
,�''��� E �°�� (�l
CP �,\G v�p S � u IvY FALlS kF�k
I 4i' j! `�l,� >�� i►� ` AYE. S<
. � �,S �. `*�.� K•Ipllvt09 �i�E.c�Lt �q.' SUNSET lA. � �oLf3J
:� ��. �' ��oa` A �'* 5. YiV Sl Ly� N Pt
35E �'+ d ypw � j cYs �O��S. '�LA A"` CGLSH IRf QlA«
1 • a � ' . = c
l,b. .. � µ -r`� Ct. j f6iER �N AV .
,. .�;' ��,� ��EHSOFt 4'16'� a o w w
°' � ' `0 pQ � , ,2,40tt51UE LA. ¢ ¢
y V R� h!(� `� � N!S iY .� uMi 3 6
�.� �' %` iAR/{ QAl E ��+ O�L�11 �R2}�t IJ��B
� X . ,5 1��\\� . \`' � 'n 2�d. aY£. y��t!
�. .� n W AYE. T2dN
+;�r,�,, � eiurr c�a�- �y¢ �u�u• - � �.,.,
� +`PLRK� C ONPIPI � ' Athi �AVE.
>C� � ,->
• � �y: i 15 a i � R. _ � N `T
r.�` j� � s <
=pf•i;"`�.' �4UREp R O(ADE o = O M(ENTITORiN �nvE. �
g- '�jfF'�1: �� i3 ~ '�'N s � t• �y
�="jr �u,�rFtEtO �t apE o £A �a►c� � .,
�/� / 4�CiS j4M ESv ���• QEER tRAti Pr. *R RE Y kN011$ ��4
, q} �' Cr. � c ra+u Qr�v u"
)/ r rj�{��uu�, a � � .�� ' c eatHE�oR avE. ,� "
_"""°5 eMMPa o �t
�� �' 1. JAME y q�v a � CT. 23 24 ��� r� 5«' N w t t H l a. - �
'� 4 �a�" � 26 25 -�' pV� HILI PD. o
� jNGSL�YE GSR' O v E R I O C W. R 0. > 0�* • ' a27e � Y ,,, � . W� :
µ wtGtt+1E� �!R ��`� Q$ �
tt� CtN. S. � � Q S. v! M CIP. AYE.. .�n � AtAR1E avE. °G
RO "PL. o o MlAp ` '� d i C �
�� ew�w ,,�"', '• � �; `a � P: yQ� SPHItiG EK CIR. ALtANAtt 4
� tr. ¢ a ' O,t.R, ROti o p� � � � a��.. �<Olr A t,ta{,�q �St r C(.
y�� � �'O `> E4CLE '"t �Y u �.+ .
�v:Htt � Tpar,c rr �7a �'' Lt• y ;i+ a
w.CIRCIE i. m_,'' RD. � �?' �5 32.CR6wt7 q y � wESLEf la.: � a
cr " �A PQtNt 4R. a �<rT �. N.fREE11AC ltO. 4
'EROrttCa ta, vAtt ? o ti• ��"� q0 p �� .,�/ c, �
= s �' 4 �pN y1.' � � ' FR wa Y R6. ���¢ i" t� o
�� VICT l� KAr �VE. �' t � < 5. FREEM�� $S�,EY �
l� AS tt. ���,,�� c'� Ca wN tla. 3� � �_
��E YiCi !A Rt1• 4/'� C�RAIEN �. y���pTA RU. HNY.� 1t0Y RONTAGE RD.
Curve � !IQ . �
, � CAR�N
�G,�� Rd.
�T .
/ �
`�q�,{ E'S�
C T, v ,
Q• Q tc
OOUGLAS� � ''�
R'4, ,C�i c�
_JAME`' I�``��-,.. � �
,
4 '
� f
,� �� �1� O'� . . .
-� ,�,�,,�,�,�♦ 14�,endo�a PROPOSED STREET REGONSTRUCTtON
��,igh.�S TILSEN'S HtGHLAND HEiGNTS 06i14i96
MSM
ii0i ViCTaRiA CURVE • MENDOTA HEIGNTS, MN 5�118 (612) 452185Q
�
Date:
To:
November, 1995
Mendota Heights City Hall
From: Residents of Lilac Lane
� .�
��
�
, �
��� �
,��:e%���
Re: Lilac Lane Street Rehabilitation
. •
/
�_�, � �� ,�
� � � ,� c� '
����
� _�� � : � ✓ �
_ .�
(�u-� �'G� '�-�`�''
. , '�u� >
� � -�"
� �� t c: � ��,�czn� �2La--�-
t� �i .��1�i9�
� -
' We, the undersigned, petition the City of Mendota Heights to strongly consider Lilac Lane
i
as the `�next residential street for improvement by the City's Street Rehabilitation /
� Reconstruction Program. Our street was in need of extensive patchwork as evidenced by
last wiriter's destructive �weather. We consider the natural beauty of Lilac Lane, with its
unique divided appeararice, to be one of the most charnung and quaint areas of our city.
In R addition to the above, we, the residents of Lilac Lane have demonstrated our '
cominitment to community beautification through individual p'reservation of our
neighborhood. - � " " - '
NAME ADDRESS TELEPHONE
; St-t�RLENE P''��VS \ ro°��J �-1 �-Ac�c 1_P'c'N� - ,
y
1. � � � .,�1�/ ' �, �� ' .
. �
2. • �
3. �� 0 '
4. �
�.
� ' �.
• ..�. _ / , � /.. _ _ `
�/�:% _� 1- _/�7_���1_��5�/� '�` � 7
i d i ' � � �
� � /� � � � %
��
:
PLEASE MAIL TO: `� � � �/�� �
(/ �%� '
Tim Da,nielson or Marc Morgan�J � ��'G`f , 7
City of Mendota Heights , A '� �V��� �/,�'IZQ� "� , � � � �
1101 �ctoria Curve �� ����-� -
Mendota Heights, MN 55118 � `,(��-� •��'�"""`"—� �'�
) .. �
.C�-L �� , � .. �
� �- .
!2�!,�!� `� J
� ) � � .���
��� � : ��c �.�.�.� .�%��z�> � ��� �
�,� ,�,�.� ��
Date:
To:
From:
Re:
November, 1995
Mendota Heights City Hall
Residents of Lilac Lane
Lilac Lane Street Rehabilitation
�
We, the undersigned, petition the City of Mendota Heights to strongly consider Lilac Lane
as the next residential street for improvement by the City's Street Rehabilitation /
Reconstruction Pragram. Ow street was in need of extensive patchwork as evidenced by
last winter's destructive weather. We consider the natural beauty of Lilac Lane, with its
unique divided appearance, to be one of the most channing and quaint areas of our city.
In addition to the above, we, the residents of Lilac Lane have demonstrated our
commitment to community beautification through individual preservation of our
neighborhood.
NAME
1.
2.
3.
4.
5.
ADDRESS
PLEASE MAIL TO:
Tim Danielson or Marc Morgan
City of Mendota Heights
1101 �ctoria Curve
Mendota Heights, MN 55118
TELEPHONE
� f'
y
0
`
�
Date: November, 1995
To: Mendota Heights City Hall
From: Residents of Lilac Lane
Re: Lilac Lane Street Rehabilitation
We, the undersigned, petition the City of Mendota Heights to strongly consider Lilac Lane
as the next residential street for improvement by the City's Street Rehabilitaxion / ,
Reconst�uction Program. Our street was in need of exteasive patchwork as evidenced by
last winter's destcuctive wea.ther. We consider the natural beauty of Lilac Lane, with its
unique divided appearance, to be one of the most channing and quaint areas of our city.
In addition to the above, we, the residents of Lilac Lane have demonstrated our
commitment to community beautification through individual preservation of our
neighborhood.
NAME - ADDRESS TELEPHONE
1 �1- �/ --! ;/,�,� ' �/''o�/ /��'G%i�.'��a� �-s� �� �%
2. �
3.
4.
5.
PLEASE MAIL TO:
Jim Danielson or Marc Morgan
City of Mendota Heights
1101 Vctoria Curve
Mendota Heights, MN 55118
v
October 5, 1995
Mr. Jim Danieison
Director of Public Works
City of Mendata Heights
1101 Victoria Curve
Mendaia Height,l4� 55118
Dear Mz�. I}anielson,
�
For the past 14 years I have resided at 8i6 I�'ilitop Road in Mendata �Iezghts. As a dog
owner I am farced to do a lot af wallcing. In addition to wall�ing, I can't help but survey
the various raad conditians. I won't hold you personality responsibie far my safety in
walldng dogs and your crews have more recently filled in the latest round of potholes
that I have fatlen into, but it's getting a bit dangerous. My paint is that it is becoming
in.creasingly more difficult to drive a car or attempt to walk azound Hilltop Raad. The
inequity does cause me to wonder why my neighbors to the north of Marie Ave seem to
enjoy smaoth driving and wallcing surfaces and always have.
With some brief inquiry , I have been i�nfarmed that a letter will uutiate some response. I
` wauld like to see our roads made safer both for driving and walking. I would like to
knaw what additional action I have to take to get some detemunation abaut the need to
rebuild, overiay, or re-construct the roads.
I ann aware that making this request is•going to entail some expense from residents or the
city, or both. However someone has to be responsible for the overall quality of roads and
anyone walking or driving on H'illtop Road can assess that this section has been long
overdue far atteniion. The continued repatching is reaching a point thai it is making the
situation even more dangerous for walking. The driving is anotker e�erience. •'
I also ask you to access the safety factors we are dealing with caused the continuous
biind cures in the road. I am concernecl for my safety and others related to the speed
factor of some drivers. The only plus side to the present road conditions is that it daes -'
slaw the tra�c- it is tao hard on the car to increase you speed.
Any assistance to this inquiry and requesi, v+r�ll be agpreciated.
�� /
f � � :,o1i �
�_ �s . .
816 Hilltop Road
452-5234
�
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 96-
RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION
OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION OF
T� AREA RFT+'FURFn TO AS BLiNKER HILLS INCLUDING
PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS,
50MERSET HILLS NO. 2 A1�TD VALLEY CURVE ESTATES
WHEREAS, a petition has been filed with the City Council requesting street ;�
reconstruction to serve the area referred to as Bunker Hills including properties in Ridgewood
Park, Somerset Hills, Somerset Hills No. 2 and Valley Curve Estates.
NOW THEREFORE, IT IS HEREBY RFSOLVED by the City Council of the City
of Mendota Heights, Minnesota, as follows:
1. That the above described petition be and is hereby accepted by the City Council of the
City of Mendota. Heights.
2. That the City Engineer be and is hereby authorized and directed to prepare a feasibility
study as to whether said proposed impmvements are feasible, whether said
improvements should best be made as proposed or in connection with some other •
improvement, and as to the estimated cost of said improvement. �
Adopted by the City Council of the City of Mendota Heights this 18th day of June, 1996.
CITY COUNCII.
CTTY OF MENDOTA HIIGHTS
:
ATTEST:
Kathleen M. Swanson
City Clerk
Charles E. Mertensotto, Mayor
laB4S
pesinay
uMe�a
��'OSS NW `s6u�;seH
og �aKb 6uluueyy L'LOL
LEE6-65b(Z L9)
sls!ao�� `uawtiasanN
`s�al�ea�uo� ade�spue�
s,��ana��
:
�. �.+� . � .u�s . /A. .. .
. . . ...xrry..�.�. . �
`
� r,
__�,. _ . . _. . _ ._.�_._...,_ _ __
� __ __ _�._. ----
i
f,
'i t
I�I�'Zd �d��SQ1�I�'I
ZH�I�2I►� �1�1�I��i
___.._.... .-.:.,.. _ . .._._._., .__ �_.,. /
,
; ,
. �
_
...._. . ... . .._. . _.._._..
; � �r . . .. . . . .. .. . ... .. . .._ ._.�_. . . .. _.__ _ ,..,..- ..... .... .. ...-. .. .__. .,.,,.,,, . . . . . ..
� . . . _... , __ _ __, ...,.._.,._ _. ,.
i ti . /'� � -�.
! .
� . ,I . �_' r.�,,,._.—._.._.. ��.
i ,
s ' ' `� j� � \ � '
�. _ � �f '•1 , ,
� I .. . � . . '� i . . _ . "'�'4'�-.'� �
C_-__�_ , \ ,,
;
;
.. �
� 7
^-n.,�,.�.,. -
.^
``,
, � fi, �'�,�._.. ,,,, .. , . .,.�....
. . �.. t ,. . .
i
,�
* ,
� a,w��� .
�������
, . :•
. .,
� � � � � � �
�`r�� N�N�
�
� U
� 0.�
q ��
� Q
r �� � �
� fj �,
—
R ���a
����9°�'
���v� ��
Zr��;��Q�
_ ��j;�����
.�
U��v_p��
r-
. .-t
" � Y
`� f+] 4]
, � 1
i O 2 J
� OZ f� 2, W r7
� V � 6 U d
O. a .r' Vf yG �
v� tA d W '� ` �y Q >
a M e+ M H y �
' � o aE�. i"� aa 'a4:'
m m � o w' � w � o..
O W 7L', C> S �
F W J� 4�. Z O U Z•
� a ` � c7 � .. '
� g a� �y �z H�s
tn 47 H
F tA F� �� J O U x
V1 . � � � .,d F V � � � '�
„ y o �tam v� s v�
>z cy mo 'Sa �� �
�
� o z � � u � � � v �
ai oC c m z aa ��
ai Z C7 y��iSt �� WT jF �� •
Ztn CU S � C7 r��f�i 2�.1 �O �
. O F ta .N., pWp y �n v� p p�
� V F Z [a� rtiti�A� V.�+ rQn w
��d�v� r: a� ��'•r. 3�'ca ac�'w
Y .+
V �s � Z'Q ��py� Sdtn. �V
4T 47 y' r-. � �. r. 3�, Vyf N tFn
w a a c� o-� � � r� t-� ` <
V1 6 d � z ..
0. � W r7
U�-+ O 6 f-� W«�i tv tA p; p,
G O.+ � W� � F� A 5 5 < i
�� -3 � d Z v�i .'�[ C� c�t » y < 9
fj . . . . .
�
.�. �.__..__... _�
�..
,;
.
� ;
,.;�`, .
_. ,
, , -��� , .
p ' ; �
V�
`\ �
. . . . � \J � • w . . ., . ._ .m. , . , .
� �
R t
'� jr
OI.. � ` � -
— � , :,,.
�___s.,� .
e µ ..
� � ,�'_,
o : ���
z ��; ; � - �
� � a � � �. �� � � ��
� ,���
� � ' ,:; ,; : �
.� �..,
�. �.,�.,��._.�.._ �
� , \ .. �:
� ,t�,
�� . � ..�/ ' .'�r..__ },,, - ; 1 ,', .
�� 1 _ "` J
� � . ,
� � . \�
.. ',
. ___ ����. � j
'�, �
t4
� 5 _�r.
Y
� � � � �� � � � � � f � . �
) i i! � i I, 1 �
r ; ; v-
+ : ,
" �" .
._..�
� �
, .����.a.. ,�.,��
._.. _ :i
� � � � � .__ w �� i� � �
_
f _ � �;_---.._. �
� < < __.__
� u _. "_ �
� ��1 �.�` .. . . . �
: �
•N��N1�� t�1," �
.'��' �•
•, ,-_
,� ...(, i -;,
� t Y:T+
/ ' J ; � f �S
��> � � • i-, 4e
/..� �, .;
; � � ��
� i'
m �
U � '
1 . W � � (�Z+
� N ry
� � rZs
. ] � �
0 V O` y ..� .1 ..,
d Z' (.a� �` � d' y� w�'3
a O > O =
a o wmw c�..t s�
O !Wa+ � � r�N+ O r+ F 1+. h r�
Z ..] V .-. Vl S tn Z�- F
� _ D 2 Q U c� a
i�1 'Jef f~a. a � •+. Y
y
. �.,.` .,,
t ,
ury��'
�� � � �
� ��� � �
�
� _ �� �:"' '
�..wn� 4�/'r "�.�� :$ I
'{ r "f
� 1
{�' '-��1k. .. . ,�r �_.._.. ey�»ii� �. . _ . i, .
�� .
a� ' ; .
r ; .� ���;.'
.�.
�; .� �,,.,�:--�';,` i imio.
,� r � � . ,,.
_ ��+ .
:/
`-e �
/ , �y ,
`�..,.: _.. .__, ,_ w . _ __ _
•
� n
O 2 � p
�-1 �
�'a 0 l I
o � °4 � � � -� �
V � ti
� N s(� � F .] i� � O
O _ � N- � T� 1.' I W r�i U
�"' � N F Z G. ~ 6 � Y r+ I
U ?E X V] O rn {a7 cL' (� (.. �
+�' sn � a x w c�
ri W H ..1 U � .�-�
tn Z
a m>
�-• - xa H�qtw w.a o0
Z i+�<F YiN` O f<. G FS fa M w
�U OUFi3 W iA�O F...S �1 f»
F
O O
� %Z arv>� m �CJ � a z � � �
� HN� <x.. wz,am..
3 iv ...: a�-. � r�, w z�
2 ••a # O7 F S>+ 0. S oG r+ H
rr Vf I �� 1� pi U< O W vI'�ts] �F'�/1
FdC W Z 4!�"? W r+ M Z.a 0.?O r� CJ a '+
oG �� �j Z � 4 0 _
N H ~ � '+ ' O Ci .+
a- m in E. t r�. 4 � Z �.��
�
C
Z
♦
;'
: al�!1
:��a�oad
e
MPI � IfbOd BfBS[ '�NI NOSNIB"IY
666��E99 iLOS) 'ti31d0�313L
8180�f99 ([0,I �3NOHd3l31
tSOSS NW'Ol31dII1HON
S � ^s X08 "O�d
3NHO IVNOISS3dOiid 0�9
NOI1VliOdHOJ
Sid»r�p� a3zir�3tndwo�
51�311H�atJ
a3a31si�3a
;
�
�soop�uisai naip Jo a.wapua
alnlqsuW ��el�s WIIe10Y siy� 41!M I�el��
µns�p �I�aUy�ry aq I Jo uai7nmixl uallu.w
atp Inoy!!m VeJ ui io a�uy.r m I�afaJ
io ���ro iaylo 6ue ylbn uoq�unluo� ui pa5n
io srayro o1 Pasqxip'paidw aq lou peys
pue sWaliy�iV - dnmp u8isad �iel$ Jo
�1 � xb�d ay� ui¢wv ryeys puc a�e s�daauo�
pue u9isap'suoiie�i�i�aJv's'�uu.e�p asaq�
�
° Noisin�a
WW��
� � . , �31b'4
O3N�3N�
—' �l—NN1Vda
i
�
2 �
� �
G
W
� W
N
�
a
�
W
f—
Z
W
.�-.o, . .Q .Q-,z� . .Q
fW'� '7 91 fMl') '7 bl
' ,w
u
.
e�osauu�W
�aur s��.r,s.�s �i.
W
U
Y Z
� H
� Z
W
Sjt� )C 18F{ ii}Op�U-,
I�2I� �NI��'I�I I
:ao{ sfuinne�p 6ui��o/,� I
=
�
�
�
Q
�
V
V/
a
�
�
V
�
Z
�
�
u
�
� �
Z
�
Z LL
� �
�
0
6b6PE99 (L05) �kl31d0`J3131
OIBO-E991[OS) 3NOIId3l31
LSOSS. NW'Ol31dH1kiON
�� SISX09'O�d
3niaa �vNoiss3�od� �� s
NOI1W OdH00
si�3�o� o3z�a3in<iwo�
S1a311H�atJ
a3a31si�3a
'SUU�Uu1SJJ as>yl )u aJuO(fl.�a
ainuisuoa lle4s uaie�ou siyt 4ub we�uo�
. �ens!n •uany.uyaytpuassruuarluanum
�41 Inolpu� U� W!o a�oy,r w �»foi�
io �ax i�y�o 6u e yuM uo��oanfuw m posn
�o vaylo 01 P�Ix�p'pa�do� aq lou ��eys
�D
� pua sW>P4�V ' dnoip u8isa(� ne1S )o .
..�u�1�Ld o�p u�ewoa peys pue we s�J»uoo
pue uAisop'moqe�gu�Js'i'8u�ne�p asa41.
Noisin�a
WWO�
� a ,' � 31d4
C]7NO3H�
i�i �NMN�iO
• u�_ . �i_ .
,Q-�OI ■ .V f� .Q-�tl ■ .Q
fW'� "� 91 f1�1'�'7 bl
a �D °4. ��'i3'�M``",-�t :. .,"'u�dei�Y[ � .�i�AqW'� I��al'7"� I�������,��10��1 "I� �VY. 1 , .. __�YM �k i�Mkkm�+'�9� ...
��
4
.
0
�
�
�
2U111w
S /� �t r�l .l. �
!aFi �lopua►N
�I32I�►� �'I�II�
:�o} s6uinne�p
N
4
:
°�
�
�J
i
u
�
a •
_ � �I
� Z
a
�
"� � � o
Z �
C+ Q
a a ` '
��
B180'E9J�COS) 3NOHJT91 5��1JiJ15����4���OJ�11eD � NOISIn3F.�
LSOSS NW 17131dH1.bOIJ �InYryww� pr�p uopeluu vip ip!.r ueiuw . ..
� SlSX08�O�d lennp�uat�y�yayi�ouoysiw�mlra�lpm . . WWO.�
3Nlifl 9VNOISS3dU2id Ol9 °41 inoyt!^� ued ui io o�uym m»afmd � �r+
ioyio.M�>y�o.(u y�w.uo�pun(uwu�pasn � f(�(�-aT31Va
NOILtRJOdUO� � —�� �
S1d3JN0� 0321ti31f1dW0� 1O v>y�o o� pa .sip'pa�J�u x� iou ��cys -�
puo sWaqy�iy - dnmp u9�saV „p�s �,� �43>I�3H�
M���� a�iu�euu���eyspucwesryl»uo�
pue u9is>p'�uopc�i uxls'�8wme� ata
a3N31SIJ3a � � ti� �' NMVdo
BjOS2UUI�A�
•a�l s�
,.
� :.4' . . .. . . . ..
r
;�Zs�s ,I,N�I�?�� �I�II�I�L1I
1 :�a� s6wrneap fiui�{�oM
, , } ; +. � , 'i i,C.
� �� _ z; . ; I��9
���� "F y�5�1. '. i iw � �,.._ �'. I . ��r k � . �... '�i � i il�o
� ,�
,a 1'(,. K �. � _ i,��ii I�Y.
n �'.ir. � � o . +� � ' - i:
„4 Y�` y lYutu, '_ � � I�L
':P 'yFj f i •,� �� ' i Ip
�, i �, �'. f�„" ir I��'� ,L qi• ° -j; 6-�i :
i . , F ;I i t �.f� . � � 1' �� � �1i ��
r X 5:. ., 4 f N 4 � �. .�,y' x� ��� y,�'. �� 4 e � _�IN plla
� ��
�, "'�,M i �c fl'.�8 Ipg� i i:. d4 7 _ t . IX'
. „h� �C'�1W y,w.� ( 'fi w .,r.� . � a . f �;: �. ( w i.^,�1 di � i �'f ��I.�4���
a .. � ' ' ^ ` -�S..Yu. 1. •
. . �_. .. . � . .. . .. . • . ._ ..''; , . . . .li. ��:
Sa � s�o
�• �,•.
sa t s�o
a
_
'�'
�
z
u
Ca
� �Z
� LL
Z � o
¢
0
.
- -- _ . . .. ,...... . ..,��
•F.��J. AJAY �..A..1�J�j
�5�4oieH elopuayy
. �..� � �� R..� L� � � � ♦ .��
:�o� s6uinneap 6ui�aaM
a
a
a
�
I'^
Z
U
�
W
Q
I � i
I I
� �
�I I � �
I � I
' �.wo� ,N4i_i�.�:. dw�k�ku I:ill:6'�: I r�i�.i...ali'�.,w �m u.�!IF�.a�.u. �...��tie4.�. �iu'�i�`i.:i=�... . _ , . ., „�W: .._ .. � _ . �. ,I � I.�� ...
. ... . .. . . . .. .. ....... ____..._..._____--.....