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1984-03-191. Call to Order. 2. Roll Call. 3. Adoption of Agenda. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA MARCH 19, 1984 7:30 P.M. .4144_4 en=i1 4. Approval of Minutes, March 6, 1984. 6 3,10,4^/t/ 5. Consent Calendar: a. Acknowledgement of Treasurer's Monthly report for February. b. Acknowledgement of memo from City Clerk on Council vacancy advertisement. c. Approval of the List of Claims. d. Approval of the List of Contractors licenses. e. Acknowledge"of th Minutes o the NDC -4 Febru ry 29th ee ing. P. 14. �.;r- �� �:r...,® .,6.,v End of Consent Calendar. 6. Public - - C 7. Unfinished and New Business a Memo on Financial Request for Chamber Executive Director for seminar attendance. (Mr. Escher will be present). C* b. Memo on Evergreen Knol,Js project. (See attached letter from the Christoffersens). - c. Memo on Pratar at for Lexington Heights Apartments. d. Memo on Ambulance Service. — 14a^)tie..t-a.442.1./ e Memo on Park Commission Request for Joint Meeting. - 9: ooh.,,,. - Vr? f. Memo on Proposed Policy on City Financial Participation in Development of Acacia Park (MAC) Property. g. Memo on Purchase of Warnke Property. - h. Memo on Purchase Agreement for Perkegwin Property. i. Memoon Cooperative Construction Agreement with Mn/DOT for TH 149/1-494.-- j. Memo and Proposed Resolution on Regional Mutual Aid Association. -24_4 n A n I8. Adjourn.- (. %( " (d 5' 1, .P t'- `•' CITY OF MENDOTA HEIGHTS MEMO March 19, 1984 TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator SUBJECT: Add-on Agenda for March 19, 1984 meeting It is recommended that Council adopt the agenda as printed, with the addition of Item 7k - Discussion of Mendota/Mendota Heights Sewer Agreement, and Item 71- Reconsideration of Repair to Fire Squrt. 7k - Pro•osed Mendota/Mendota Hei_ht .'• P..-. Sewer Agreement. By memo in your packet, Council was asked to bring along a copy of the Joint Powers Sewer Agreement, as proposed by the City of Mendota. Attached for your review is a staff memo detailing our concerns with the Agreement as proposed. Council may wish to raise additional areas of concern during the discussion. It is recommended that after all concerns have been identified, the Agreement be forwarded to the City Attorney for his review, and that:staff be authorized to meet with representatives of the City of Mendota to work out areas of concern or disagreement. 71 - Reconsideration of Authorization for Fire Squrt _Repair - I am facetiously entitling this item Fire Squrt Repair - Chapter Three! As indicated in the attached memo, information received from General Safety Products in North Branch, MN, has caused us to suggest Council reconsideration of how we will accomplish installation of the waterway improvements to the Fire Squrt. As indicated in that memo, we are recommending that Council reconsider its action of March 6th to send the unit to General Safety Products, and instead authorize sending the truck to the snorkel factory in St. Joseph, Missouri. attachments Respectfull submitte Kevin D. Frazell City Administrator CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Adfr(inistrator FROM: James E. Danielson Public Works Director SUBJECT: Joint Powers Agreement City of Mendota Culligan Job No. 8308 DISCUSSION: March 19, 1984 City staff and Mr. Larry Culligan have reviewed the joint powers agreement as submitted by the City of Mendota. A copy of that agree- ment was handed out last meeting by Mr. Culligan. He had typed his comments on that copy and staff's comments were hand written on it. Additional concerns found by staff are as follows: 1. Item 5. Access to Highway 13 Staff is amenable to the concept of allowing Mendota access across Mendota Heights at that point but feels that with approval it should be made clear that Mendota is still responsible for obtaining the Mn/DOT access permit, the Railroad Crossing permit and acquisition of any privately held land for right of way. 2. Item 6. Construction & Maintenance of Facility The maintenance portion seems a little loosely worded. 3. Item 9. Agreement Contingency It seems these approvals should be almost housekeeping in nature and the paperwork preparation would be easiest for Mendota Heights because we have full-time staff, however Mendota Heights does not want to be "responsible for approval" of the request on Mendota's part. RECOMMENDATION: Staff recommends Council direct this agreement to the City Attor- ney for review and comments and then for staff to work with Mendota on getting their approval of recommended agreement changes. ACTION REQUIRED: None required at this time. CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Kevin D. Frazel C City Administra or March 19, 1984 SUBJECT: Request for Reconsideration of March 6th action on Repairs to Fire Squrt, Unit #2286 INTRODUCTION At the March 6, 1984 meeting, Council authorized sending the Fire Squrt, which is Unit #2286, to General Safety Products, in North Branch, MN for install- ation of the waterway improvement. Subsequent information received from Mr. Dick Scheele, Manager of the General Safety Service Facility, causes us to believe that Council should reconsider the appropriateness of this action. BACKGROUND The Fire Squrt, as Council knows, has a serious leak in the waterway system in the boom. At the February 21st meeting, Council was presented with four alternatives for accomplishing repair of the waterway work. Included with those alternatives was a recommendation from the Fire Chief and I, that the unit be sent back to the factory in St. -Joseph, Missouri, for installation of the repairs. It was our intention that firefighter and City employee John Neska, would drive the rig to St. Joseph and wait until it was completed, and then make the return trip. Because of some Council concern about whether this vehicle was up to a 900 mile round trip, and due to some confusion which arose at the meeting about requiring certification of firefighting equipment, Council consideration was postponed for the subsequent meeting. At the last meeting, March 6, 1984, upon my recommendation, Council authorized sending the truck to General Safety Products in North Branch for installation of the waterway improvements. I further indicated in that memo, that we would be looking at alternatives for accomplishing the necessary testing within the Twin Cities area. CHAPTER THREE! Fire Chief Noack promptly called General Safety to schedule the repair. The manager of General Safety, Mr. Dick Scheele, called me the following day to urge our reconsideration of this action. Mr. Scheele stated that General Safety Products is the authorized factory representative for Squrt products in this area. He said it was their original recommendation that the unit be returned to the factory in St. Joseph for the repair work. He indicated that while it may be possible for them to do the work at their facility in North Branch, he was not at all confident - 2 - that- that they had either the complete facilities or skill necessary to complete the job. He was emphatic in saying that they would not be able to provide the kind of performance test which would be required for the machine, nor an appropriate test of the tip. Rather, as the factory representative, he said that their recommended approach would be for them to coordinate having the.work done in St. Joseph, and all billings and scheduling would be done through them, General Safety. Attached is a letter from Mr. Scheele, outlining his position. Since the major Council concern seems to be whether the truck was in any condition to be driven to St. Joseph, I felt that we had to do a little further research on that issue. As indicated in his letter, Mr. Scheele stated emphatically that, not only would it not hurt the truck to take this kind of trip, but that it would be good for it. In addition, I asked Fire Chief Noack and our mechanic, Fred Pfeiffer, to take the rig out for a high speed road test, to determine how it would perform. They did this this morning, March 19th, driving it approximately 60 miles around the freeway and through St. Paul. Fred indicated that the truck performed fine, and he had no reason for concern. Also, he has spent part of the day checking the truck out in the Garage, and performing periodic maintenance. At the writing of this memo (approximately 2:30 p.m.) he said that he had not found anything which concerned him, but might need to keep the truck overnight to finish up his inspection. RECOMMENDATION I think that Council concerns about whether this vehicle can adequately make the 900 mile round trip to St. Joseph are not without merit. It certainly must be recognized that in sending it this distance, we are taking some risk that a breakdown will occur. On the other hand, I think there is an equal risk in having the truck repaired by people who, by their own admission, do not feel fully qualified to perform the work. Therefore, it is my recommendation that having the better job done at the snorkel factory in St. Joseph is worth the possible risk. Therefore, I urge Council reconsideration of their earlier action, and that the truck be authorized for sending to St. Joseph. As indicated in my memo of February 15th, (copy attached) the total estimated cost for sending the truck to St. Joseph, including gasoline, lodging and meals and other expenses for the driver, would be approximately $5,500 to $6,000. ACTION REQUIRED Since Council has already taken action on this item, prior to any discussion a motion should be made for reconsideration since the vote on this item at the March 6th meeting was unanimous, any Councilme'mber can make that motion. Assuming that Council is amenable to the staff recommendation, it should pass a motion authorizing sending the Fire Unit Squrt #2286, to St. Joseph, Missouri, for installation and testing of the waterway improvements. ey,),,eral over 50 years of dedication to the fire service March 8, 1984 City of Mendota Heights Mr Kevin Franzell , City Administrator 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Kevin: i 11.rrb: I�vllr tU This letter comes as a followup to our telephone conversation of this date. Per our conversation I am enclosing herewith a copy of my earlier quotation to the Fire Department regarding the replacement of the waterway system on your Squrt aerial nozzle. It is our recommendation that this repair and modification be done by the Snorkel Fire Equipment Company. These people built the original machine and have the parts and equipment to complete the work in the shortest possible time. We would feel confident that the work would be done properly to give your City many additional years of service from this machine. I understand there is a concern by some of, your people about the advisibility of driving the truck down to St. Joseph, Missouri. As I told you on the phone this trip should be no problem for the truck and in fact would probably be good for the truck. Once a fire truck is placed in service, it really doesn't have many opportunities to be taken out for a good long run. The trip down and back would not hurt a truck of this type at all. In fact, the Squrt unit was originally installed at St. Joseph, Missouri, and the truck was then driven to North Branch for the installation of the fire pump and the body. In our quote we have not included the costs for taking the truck down to St. Joseph for the required work. Perhaps you have a fireman or a City employee available to drive the unit down and even wait for the work to be completed. Snorkel estimates the installation would be done in two 'to three days. Our quote to your Fire Department includes the labor and materials for the complete replacement of the boom waterway system. Should Snorkel find that any other maintenance or repairs are needed these costs would have to be added. Should you have any questions about the above please feel free to give me a call. Thanks again and I hope to be hearing further from y.0 in the near future. DS/h Encls oma, s v- ry GENERAL SAFETY EQBI v1 • RP. 550 Eighth Avenue (P.O. Box 249) North Branch, Minnesota 55056 Phones: Local (612) 674-4804/Metro 221-9111 ell- e ) over 50 years of dedication to the fire service January 31, 1984 Chief LeRoy Noack / 63 Mendota Heights Fire Dept 565 Fourth Avenue Mendota Heights; Minnesota 55118 Dear LeRoy: I am sure that you thought that I had forgotten about your request for a quote on the Squrt repairs. I have been in contact with Snorkel and they have had to do some further research but; finally I have received the information. Frankly; ] can't believe the price difference from the quote about a year ago. Apparently they have added additional parts to .the kit as previously quoted and there also have been the usual price increases. In discussing the actual waterway installation with the people at Snorkel, it is our feeling that the best way to get this work done and done properly would be to take the truck to the Snorkel factory /n St. Joseph; Missouri. It would give them the opportunity to also inspect the rest of the machine and to do the proper testing of the repaired unit. The enclosed price quote covers the parts involved plus the Snorkel labor however; l did not•ino|udo any quote for the costs in the trip to the Snorkel factory and back. They estimate the actual work to take from 2 to 3 days so perhaps the driver would just stay there and wait for the truck. ! would hope that the City or the Fire Department might have someone available with time who might like to make the trip. If however, this doesn't work out we would have to arrange to get a driver and we- would have to quote you accordingly. Snorkel also tells us that it will take from two to three weeks from the date of an order to get the parts ordered and assembled for the installation. We would have to get together with them again when you decide to proceed with the work to make sure their schedule is such that they can get at the repairs as soon as the truck arrives at their plant' If you have any further questions at this time LeRoy, please 'give me a call. Thanks ogain- DS/h 17.„.2 very t wm . GENERAL ���������� �� ' �� CORP. 55OEighth Avenue (P.O'Box 249)North Bnang , Minnesota 55056 • • .4 -.••• • Fira TO :,vc11(4.01:, Please InGrPate -) , 1/:-'s /7,4 this number when (tittering Y0i' 40UFrDATED 1 Erimb PPOPCSE0 1-11104,:NG DATE 10 1311 6.4:PPED VA SALESMAN 013 13130 LOLL HERE IS OUR QUOTATION ON THE GOODS NAMED, SUBJECT TO THE CONDITIONS NOTED: CONDITIONS: The prices and terms on trus quotation are not subject to verbal changes or other agreements unless approver,' in writing by Me Horne Unice of the Seller Al! Out:ft/VV./11S and ag•eer-en:s are coMtngent upon stir:its, accidents, fires. availability of materials and at other causes beyond our control. Frices are based on costs and [boo:bons existing on dare of qui:mats:to and are subject to change by the Seller before final acceptance. Typographicaf and stenographic errors subject to correction. Purchaser agrees to accept ther overage or shonage not in excess of ten percent to be charged for pro -rata Porches., assumes liability IV patent and COPYriont ink:1190'11QIII when goods are made to Purchaser s specific:al:ohs When quotation specifies material to be furnished by the purchaser a-te allowance most be mane for reasonable spoiume and mate:131 must be of suitable quality to facilita•e etticient production. Condit',nsi.o•specil•cally staled herein shalt be governed ' established tht.oe customs. Terms InC0M40ent WWI those stated herein which may appear on Purchaser s fo•mar Ore, v.•ri un 11Z.-011 P tsairlipiplailgaraWacamitianfir 4W/a tr; c:, nwmporf1urt c tii•D Co-rp?..riy or: :‘ yrur E.Tti•rt it. 1 p;art.t.. cover:c tr tct ti cur•r•nt tvL •artc.': in •—• , 11'7 F : • • r : t7. f C: • •.t..i • .ri:‘ (n. • • t ••• 1 - . • ;-- ; 7, :; • • t . . 1:r 3491.50 1225.00 rPr.;r112 tz1:;EEe 0atI.e.0 QUOTE VALID FOR, °AYE.. TRIPLICATE 10 coNF.." onocr-.. 13101J Ar»Q RETUPN VoHITL: ACCEPTANCE COPY CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator February 15, 1984 SUBJECT: Options for Modification and Repair to Fire Squirt INTRODUCTION At the January 17th meeting, Council authorized waterway modifications and repairs to Fire Unit 1/2286, in an approximate amount of $4,100. It has since been learned that the cost will be substantially more. Further, Chief Noack would prefer to send the unit to the factory in Missouri for the work. This memo seeks Council direction and authorization. BACKGROUND AND DISCUSSION The $4,100 appropriation was originally included in the 1983 Capital Improvements budget, but was never accomplished. It was missed in the adopted 1984 budget. However, since the work will be funded with Equipment Certificates to be issued later this year, funds can easily be made available in the issue, so Council authorized the work on January 17th. In considering how to accomplish the work, Chief Noack looked at four options: 1. Send the truck to GenT1 Safety Products in North Branch, MN, 2. Contract the work with the St. Paul Fire Department. 3. Do the work with City of Mendota Heights mechanic. 4. Send the truck to the Snorkel factory in St. Joseph, Missouri. He decided in favor of the fourth option for two reasons. First, the factory would have all necessary parts on hand, alleviating any danger of having the truck out of service for an extended period awaiting shipment of parts. Second, the factory tests could be performed on the installed equipment, and the hydraulic system could be factory inspected, repaired, and tested as well. Any such repair to the hydraulic system would be paid from the Fire Department maintenance line item. The factory estimated cost for the waterway modification installation and repair is approximately $3,500 for parts and $1,200 for labor, a total of $4,700. One of our Public Works employees and volunteer fireman, John Neska, has volunteered to drive the rig to St. Joseph. I estimate the cost for John's wages, lodging, and meals, plus fuel, to be approximately $850, bringing the total cost to $5,550. City Treasurer Larry Shaughnessy feels that all these expenses can legitimately be charged against equipment certificates, since they - 2 -- are are associated with accomplishing an equipment improvement. ALTERNATIVES I indicated three additional alternatives above: 1. Send the truck to Gen'lSafety Products -the parts would be shipped from the Missouri factory at the same $3,500, plus $300 freight. Labor costs at $1,500 brings the total cost to approximately $5,300, plus expenses to drive the truck to North Branch. 2. Contract with the St. Paul Fire Department - parts costs would be the $3,500, plus $300 freight, or $3,800. While no labor cost has been given, it would likely be $1,000 to $1,500, for a total cost of $4,800 to $5,200. 3. Work done by Mendota Heights mechanic - puts parts at the same $3,800, with labor estimated at $1,100, for a total cost of $4,900. Our mechanic could accomplish installation of the waterway improvements, but is not trained or equipped to handle the hydraulics. RECOMMENDATION While the cost of sending the truck to Missouri is high, those expenses are partially offset by savings on shipping charges ($300). Also, the factory in St. Joseph has lower labor costs than the North Branch facility, so that the total cost of those two options is little different. Contracting the work with the St. Paul Fire Department, or doing it in- house are lower cost options, but we lose the opportunity for a factory test of the system, and to check and make necessary repairs on the hydraulics. For the above cited reasons, the Fire Chief and I recommend Council authorization to send the truck to Missouri for the work. ACTION REQUIRED Council should consider the options and direct the staff as to its preferred method of accomplishing the improvement and repair work. Respectfully submitted, Kevin D. Frazell City Administrator Page No. 1978 March 6, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 1984 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., in City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann and Mertensotto. Councilwoman Witt had notified the Council that she would be late. Councilman Losleben had notified the Council that he would be out of town. ADOPTION OF Councilman Mertensotto moved the adoption of the amended AGENDA agenda for the meeting. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF Councilman Mertensotto moved approval of the minutes of the MINUTES February 21, meeting. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 APPRECIATION On behalf of the City Council, Mayor Lockwood presented a CERTIFICATE Certificate of Appreciation to retired volunteer firefighter, Bruce Levine, in recognition and appreciation for his 19 years of service on the Mendota Heights Volunteer Fire Department. CONSENT CALENDAR Councilman Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the minutes of the February 14th Park and Recreation Commission meeting. b. Acknowledgement of the minutes of the January 18th NDC -4 meeting. c. Acknowledgement of a memo from Administrator Frazell regarding the Chamber of Commerce Mendota Heights Day to be held on April 26 at the Mendakota Country Club. d. Acknowledgement of a letter of appreciation from the Inver Grove Heights Fire Department to the Mendota Heights Volunteer Fire Department for assistance at the Peabody's fire. e. Acknowledgement of a memo from Administrator Frazell relative to the League of Minnesota Cities proposed policy on Comparable Worth. f. Approval of the List of Claims dated March 6, 1984, and totalling $671,153.19. Ayes: 3 Nays: 0 TREE REMOVAL REQUEST FIRE STATION BID AWARD Page No. 1979 March 6, 1984 g Approval of the List of Contractor Licenses, granting licensr to the following: Breheim Heating, Inc. Breheim Heating, Inc. Vern Craven Masonry Bernard L. Dalsin Company Jacobson Excavating Martin A. Keller, Builder Peterson & Ratzlow Construction Gas Piping Heating & A/C Masonry General Contractor General Contractor General Contractor General Contractor h. Approval of the issuance of a Rubbish Haulers license to Emil Oehrlein Trucking. i. Acknowledgement of a letter of appreciation from Mr. and Mrs. Tom Baumann to the Police department. j. Acknowledgement of the Code Enforcement monthly report for February. k. Acknowledgement of the Fire Department monthly report for February. Councilman Mertensotto seconded the motion. The Council acknowledged a memo from Administrator Frazell relate. _ to a request from Mr. and Mrs. Brian Truesdell, 533 W. Emerson Ave., for City removal of boulevard trees. Mr. and Mrs. Truesdell, present for the discussion, explained their request to the Council. Mayor Lockwood stated that while he can appreciate the problems the Truesdell's are experiencing during the period of time that the cottonwood trees drop their cotton into the Truesdell yard, it is not City policy to remove trees in public or private right-of-way unless the trees are creating a safety hazard. He did state, however, that the City might consider allowing the Truesdells to remove the three or four trees which are creating a problem. It was the concensus of the Council that the request for City removal of the trees should be denied, but that the Truesdell's are welcome to submit a letter to the Code Enforcement Officer requesting that they be allowed to remove the three to four trees at their own expense. The Council acknowledged and discussed a memo trator Frazell recommending award of bids for Fire station. Attorney Tom Hart informed the agreement for purchase of the Warnke property both Venita and Herbert Warnke. from City Adminis- construction of the Council that the has been executed by After discussion, Councilman Hartmann moved to award the general contract for construction of the fire station to James Steele Construction Company, including alternates G -lb, G-2, and G-3, in the amount of $435,600,; award of the mechanical contract to Klamm Mechanical Contractors, Inc., including alternates M -lb, M-2, and Ayes: 3 Nays: 0 HEARING - CASE # 83-02, CULLIGAN Ayes: 3 Nays: 0 Page No. 1980 March 6, 1984 M-3, M-4, and M-5, in the amount of $152, 134,; and award of the electrical contract to Corrigan Electric, including alternates E -lb, E-2, E-3, E -4, -and E-5, in the amount of $53,553, all awards to be contingent upon the City's successful acquisition of all lands needed for construction of the project. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Lawrence Culligan for subdivision and critical area review for the Valley View Oak Second Addition. Mr. Culligan, present for the discussion, submitted a letter and copy of the proposed Joint Powers Agreement with the City of Mendota. He stated that because his subdivision is part of the consideration in the Joint Powers Agreement, he had written his observations on the agreement and asked that the Council continue the public hearing to the second meeting in April to allow time for the City Engineer to review his comments. He stated that in April he would return to the Council to request subdivision of only the property along Glenhill Road, which would not impact runoff and could be connected to utilities already in Glenhill Road. He would then propose that the remainder of the property be platted as an outlot until such time as the Mn/DOT drainage system is considered. There being no questions or comments from the audience, Councilman Mertensotto moved that the hearing on the Culligan application for subdivision and critical area review be continued to April 17, 1984. Councilman Hartmann seconded the motion. FEASIBILITY Mayor Lockwood opened the meeting for the purpose of conducting a HEARING, EVER- public hearing on the feasibility of installation of public improve - GREEN KNOLLS ments to serve the Evergreen Knolls addition and adjacent areas. Mayor Lockwood turned the meeting over to Public Works Director Danielson for an introduction and information on the proposed project. Public Works Director Danielson stated that the area affected by the proposed project is located north of Par 3 golf course, west of Dodd Road and east of Wachtler Avenue extended. He stated that a petition for public improvements was submitted by Mr. James Gryc, developer of the Evergreen Knolls addition, and that at the time he petitioned, Mr. Gryc asked that improvements be installed in phases, beginning on the westerly side of the plat. Mr. Daniel- son stated that in response, the feasibility study addressed two potential construction schemes, each consisting of two phases. Mr. Danielson reviewed Scheme A of the feasibility study, describing the method proposed in the study for extension of sanitary sewer, water and storm sewer facilities along with the construction of Wachtler Avenue from Wentworth to Trail Road. He stated that an informational letter had been submitted to all affected property owners, along with the notice of hearing. In response to the letter and notice, several owners of large parcels of property had contacted Ayes: 4 Nays: 0 Page No. 1981 March 6, 1984 the City indicating that they are not currently interested in developing their parcels and that they would be requesting assess ment deferments. Because of the potential for significant defer- ments, staff had met with the Financial Advisor to study the financial impact such deferments would have on the project. He stated that staff feels that there would be less of a financial burden on the City under Phase I, Scheme A construction, suggesting that Wachtler Avenue be constructed from the north, stopping short of the Slowinski and Par 3 properties at this time. He described how sanitary sewer, water and storm sewer facilities could be constructed to serve the westerly portion of Evergreen Knolls as suggested in Scheme A, eliminating Lots 1 and 2, Block 1, from the project at this time. This would result in utilities servicing 17 of the 19 lots considered in Phase I of Scheme A. Councilman Mertensotto asked why the developer did not request complete improvements for the project, rather than completion under two phases. He also suggested that Evergreen Knolls at least be rough graded to Dodd Road to allow for access by emergency vehicles. Mayor Lockwood asked for questions and comments from the audience. Mrs. Virgil Christoffersen, 800 she objects to the extension of stating that a large portion of the road is extended, and asked to the west. W. Wentworth Avenue, stated that Wachtler Avenue to the north, their property would be taken if why the street was not moved furth^r Mr. Terry Raddatz, 1759 Trail Road, stated that the Planning Commiss- ion recommended that the improvements be done at one time, rather than stages, and that Wachtler Avenue be constructed in a serpentine manner. He asked why the recommendations were not incorporated in the study. Mr. James Smith, 1716 Trail Road, stated that if Wachtler Avenue is constructed in the proposed alignment, it will become a speed trap and safety hazard for neighborhood children. Councilwoman Witt arrived at 8:35 o'clock P.M. There being no further questions or comments from the audience, Councilman Hartmann moved that the hearing be continued to 7:45 P.M. on April 3rd. Mayor Lockwood seconded the motion. Staff was directed to meet with the developers of Evergreen Knolls regarding the proposed staged development and return with a report on March 19th. HEARING - CASE 41 Mayor Lockwood opened the meeting for the purpose of the continuation 83-34, CALLAHAN of a public hearing on an application from Mr. John Callahan, for wetlands and filling permits for Lot 2, Willow Springs Addition. Page No. 1982 March 6, 1984 Mr. Arnold Kempe, representing Mr. Callahan, stated that at the February 7th meeting, the Council raised several questions which have been addressed in a staff memo as part of this evening's agenda. Mr. Kempe stated that he has reviewed the proposed developer's agreement with Mr. Callahan and believes that the terms of the agreement are agreeable to his client, but requested that the•time limit for completion of the filling be increased and that the escrow or letter of credit requirement be either deleted or reduced from the $5,000 required in the developer's agreement. It was the recommendation of staff that there be no change in the escrow requirement. City Engineer Kishel suggested that perhaps the date for completion of the filling could be changed to one year from the issuance of a final payment to the contractor who completes the creek reloction project. Mayor Lockwood asked for questions and comments from the audience. Mr. Lawrence Goff, 675 Marie Avenue, commented on the proposed building setbacks. In response to a question from the Council, Mr. Kempe stated that filling of the property will be done in accordance with the grade elevations contained in the map prepared by the City Engineer. There being no further questions or comments, Councilman Mertensotto moved that the hearing be closed and that the wetlands permit be granted based on the conditions set forth in the City Engineer's memo dated February 22, 1984. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Mertensotto moved that a conditional use permit for the filling of Lot 2, Willow Springs Addition be granted based on Scheme 2 in the Engineering Feasibility Report dated January 18, 1984. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilman Mertensotto moved approval of the developer's agreement concerning Lot 2, Willow Springs Addition, with an amendment to item 3, timetable, changing the time of completion to require that filling and grading be accomplished within one year from the date of final payment for the creek relocation project. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilwoman Witt moved the adoption of Resolution NO. 84-13, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWERS TO SERVE LOT 2, WILLOW SPRINGS ADDITION (IMPROVEMENT NO. 83, PROJECT NO. 6)." Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 EAGAN RACE TRACK Mr. Carl Cummins, 2312 Nashua Lane, was present representing the Friendly Hills Civic Association and Delaware Crossing Homeowners Page No. 1983 March 6, 1984 Association, to request Council adoption of a proposed resolution prepared by Mr. Cummins to request the Metropolitan Council to prepare a Metropolitan Significance Statement on the proposed Eagan racetrack. Mr. Cummins stated that the Civic Associations have concluded that the Draft EIS does not address the several concerns stated by the Associations. Those concerns are: traffic and 'traffic cgngest'ion in Mendota,; Heights, in particular during' the period of timebetweenh1985 and 1986 when I-494 will not yet be complete, but the racetrack will be operational; the issue of potential pressure for rezoning the Mendota Heights property immediately north of I-494; and the issue of aircraft noise and diversion of aircraft over Mendota Heights- should pressures to change flight patterns occur after racetrack construction. Mr. Cummins stated that the purpose of the request is to get answers to the several questions, not to delay the proposal. He stated that the proposal can only be looked at objectively by the Metropolitan Council. At the request of,the Council, City Administrator Frazell• reviewed his written synopsis of the Metropolitan Significance Process and Environmental Impact Statement hearing process. He also reported on several telephone conversations with Robert Mazanec, Jim Barton, and Maurice Dorton of the Metropooitan Council regarding the Metropolitan Significance Process. Mayor Lockwood stated that the City Council has presented several concerns about the racetrack in a letter to the City of Eagan. F. stated that while Mr. Cummins indicates that he is not convinced that the issues have been properly addressed in Eagan's response to the letter or in the DEIS, he does not think that the request for adoption of a resolution to request Metropolitan Significance review is appropriate. He stated that the Metropolitan Council has already issued its comments on the proposal. He suggested that the City Council could request City Planner Dahlgren to study the issue to be sure that the concerns of the Friendly Hills Civic Association are answered. Councilman Mertensotto stated that he believes the public hearing on the DEIS to be conducted by the City of Eagan on March 8th is the appropriate avenue to pursue. He stated that the use of the Planning Consultant's time would be very costly and did not believe that such an expenditure would be justified at this time. He noted that if the City's issues of concern are not addressec in the final EIS, the City can still request the Metropolitan Council to then perform a Metropolitan Significance Study. Mayor Lockwood asked for additional comments. Mr. Dick Stryker, 4 Beebe Avenue, read his letter dated March 5th, an, included in the Council agenda packets, expressing his support of the proposed racetrack. Mr. Robert Hoffman, Special Counsel for the Minnesota Jockey Club. reviewed the Metropolitan Significance Study process. He stated that the legislature has already determined that a racetrack is u, metropolitan interest, and that the Metropolitan Council has issued comments relating to transportation, airports, sewer and parks under the planning process of the Metropolitan Council. He Page No. 1984 March 6, 1984 stated that the Metropolitan Council has decided to review the several racetrack proposals under the Metropolitan Planning Process which is far more involved than the Metropolitan Significance Study process. He recommended that the Friendly Hills Civic Association make definitive comments to the Metropolitan Council staff, and that those comments would then be considered by the Metropolitan Council staff during the next week and then considered on March 22nd by the Council itself. He stated that if the Association feels that the Draft EIS is inadequate, now is the time to express those concerns so that they can be mitigated in the final EIS. He also reviewed the indirect source permit process and the requirement for an amendment to the Eagan Comprehensive Plan should the racing commission approve the site. He suggested that the Metropolitan Council would probably suspend any request for Metropolitan Sig- nificance Study at this time because the process in being at this time is much broader than metropolitan significance. Mayor Lockwood acknowledged receipt of a letter from Mr. Howard Stacker, 694 Maple Park Drive, in support of the proposed racetrack. Mr. Cummins stated that it is true that the current process is probably broader than the Metropolitan Significance Process, and that based on the apparent attitude of the Metropolitan Council's staff, it seems apparent that now is not the appropriate time to make a request for a Metropolitan Significance Study. He noted that the Mendota Heights residents will have an opportunity to testify before the Eagan City Council on the Draft EIS and also make a presentation to the Racing Commission. He felt that perhaps a request for Metropolitan Significance Study would be more appropri- ate at a later date and therefore withdrew his request for Council adoption of a resolution to that effect at this time. Councilman Mertensotto suggested that the Council should advise the City of Eagan, as part of the public hearing process, that the residents of Mendota Heights still have unaddressed concerns, those concerns being traffic impact in the interim between completion of I-494 and the commencement of racing activities, the impact of aircraft noise in the Mendota Heights area should public pressures for diversion of aircraft traffic be placed on the legislature in the future, and what the potential impact on the R-1 zoning on the south border of Mendota Heights could be if the racetrack is constructed. Councilman Mertensotto moved that City Administrator Frazell notify the City of Eagan for the purposes of the public hearing on the Draft Environmental Impact Statement on March 8, 1984, that the residents in the City of Mendota Heights are concerned that the DEIS does not fully address the issues of traffic impact, aircraft flight patterns, and pressures for rezoning along I-494. Mayor Lockwood seconded the motion. Ayes: 3 Nays: 0 Abstain: 1, Witt Page No. 1985 March 6, 1984 Mr. Dale Runkle, Eagan City Planner, was present for the discussi He informed the Council that the City of Eagan will be sure that ail of the issues stated will be addressed in the Final EIS. RECESS Mayor Lockwood called a recess at 10:42 o'clock P.M. The meeting was reconvened at 10:54 o'clock P.M. RIVERWOOD PLACE CONDOMINIUMS Ayes: 4 Nays: 0 MASTER CONTROL SYSTEM The Council acknowledged and discussed a memo from Public Works Director Danielson regarding the preliminary plat for the Riverwood Place business condominium addition, and recommending approval of the developer's agreement for the project. Councilman Hartmann moved to authorize the Mayor and City Adminis- trator to execute the developer's agreement for the Riverwood Place business condominium on behalf of the City. Councilwoman Witt seconded the motion. Mr. Dick Elasky, from Mn/DOT, was present to review the proposed Mn/DOT agreement for installation of a master signal control system on TH 110. Mr. Elasky stated that the proposed project would involve signal revisions and installation of an inter -connect system for signals between Lexington Avenue and Delaware Avenue. He stated that 1-35E, from 1-494 north, is anticipated to open in the fall of 1984. He stated that the signals on TH 110 are currently traffic actuated and that the problem being experienced in terms of traffi operation efficiency is that none of the signals are tied together. Mr. Elasky stated that the benefits of a master controller to inter -connect the signal system would be that it would allow a uniforv: flow of traffic along TH 110, reducing the chance of accidents created by different speeds between signals, and that the safety factor would be increased at all of the cross streets. Mr. Elasky indicated that the major portion of the cost would be supported by the Federal High- way Administration and the state, and that the City of Mendota Heights would be asked to contribute $1,200 to the master coordin- ating cabinet equipment and $3,500 for hard wiring the inter -connect. He also stated that installation of the master controller would allow installation of Opticom equipment at Lexington and I -35E; under the same project. Councilman Mertensotto stated that the Council's purpose in opposing the master signal control system at the February 7th meeting was that under no circumstances does the Council want to upgrade TH 110 more than it is now. He stated that the Council is concerned about traffic coming off I -35E and through traffic going east on TH 110 to highway 3. He stated that the master control system would make it more convenient for traffic to use TH 110. Mr. Elasky stated that he does not believe that traffic will increase as a result of the signal control system, but that it would provide a greater degree of safety for the traffic already using TH 110. Councilwoman Witt noted that she would hate to see any increase in traffic on TH 110 as a result of the system. Mayor Lockwood asked whether the project could be delayed until 1-496 Page No. 1986 March 6, 1984 is completed. Mr. Elasky stated that there are distinct benefits to the project being completed as soon as possible, including vast improvements to be gained in terms of traffic safety, uniform flow and energy efficiency. As part of the discussion, the Council also discussed the early warning lights on TH 110 at TH 149 and at Delaware Avenue. After discussion, Mayor Lockwood moved to authorize the appropriate City officials to execute an agreement with Mn/DOT for installation of a master signal control system. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 1, Mertensotto COORDINATED The Council acknowledged and discussed a memo from Fire Chief COMMUNICATIONS Noack, Police Chief Delmont and Public Works Director Danielson, STUDY recommending that the Council join with the City of West St. Paul in hiring a consultant to perform a coordinated communications study. The Mendota Heights share of the study cost would not exceed $2,200. Councilman Hartmann moved to authorize a maximum expenditure of $2,200 from the ,Equipment Certificate fund for participation in a coordinated communications study with the City of West St. Paul, Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 FIRE CHIEF'S The Council acknowledged and discussed memos from Police Chief VEHICLE Delmont and City Administrator Frazell regarding replacement of the Fire Chief's car. It was noted that Fire Chief Noack has indicated his preference for purchase of a 1983 Ford Crown Victoria Wagon from the Hertz Company, rather than the several other alternative vehicles described in Police Chief Delmont's memo. After discussion, Councilman Mertensotto moved that staff be authorized to dispose of the 1973 Plymouth Station Wagon currently being utilized as a Fire Chief's car. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Mayor Lockwood moved to authorize the purchase of a suitable used vehicle to serve as the Fire Chief's car, along with acquisition of an extended warranty. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 FIRE FIGHTER On the recommendation of City Administrator Frazell, Councilwoman APPOINTMENT Witt moved that MaryBeth Neska be appointed to the Volunteer Fire Department. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 FIRE TANKER Ayes: 4 Nays: 0 FIRE SQURT Ayes: 4 Nays: 0 Page No. 1987 March 6, 1984 The Council acknowledged and discussed a memo from Administrator Frazell relative to disposition of f -ire tanker unit # 2295. In response to a concern expressed by the Council, Administrator Frazell stated that the vehicle would not be sold as an emergency vehicle because of its condition. Mayor Lockwood moved to authorize disposal of fire tanker unit #2295. Councilman Hartmann seconded the motion. The Council acknowledged a memo from City Administrator Frazell relative to repair of fire squrt unit #2286. Councilman Mertensotto moved to authorize that fire squrt #2286 be sent to General Safety Products, of North Branch,MN, for install- ation of waterway improvements. Councilman Hartmann seconded the motion. PERKEGWIN The Council acknowledged and discussed a memo from City Administrator PROPERTY Frazell relative to acquisition of a portion of the Perkegwin property as part of the fire station site. The Council discussed the two restrictions placed on the sale by the owners of the property: that ball fields not be considered a permitted use on the area of the adjacent Perkegwin property to be dedicated for park purposes and that conveyance of the property to the City would not alter tt. density permitted on the balance of the Perkegwin property. WARNKE PROPERTY It was the concensus of the Council that placing a restriction against ballf ield development would be unreasonable as a deed restriction, however, the Council determined that it would be reasonable to restrict ballfields until after the development is substantially complete, and the majority of units have been sold. At that time it could be determined whether the new residents desire or object to ballfields. With regard to the density transfer, it was noted that it would be inappropriate for the Council to waive existing zoning requirements in order to execute sale of the property. Mayor Lockwood suggested that if the Council had approved 66 units as part of the preliminary PUD for the Lakeridge Addition in the past, it should not refuse the same density as the result of the acquisition of a portion of the property by the City. City Administrator Frazell was directed to proceed with negotiations. Assistant Cty Attorney Hart advised the Council that the agreement for acquisition of the Warnke property has been executed and has been mailed to the City offices. JOINT PURCHASING Councilman Mertensotto moved the adoption of Resolution No. 84-15, "RESOLUTION AUTHORIZING JOINT AND COOPERATIVE PURCHASING OF FIRE FIGHTING EQUIPMENT BY THE SEVEN COUNTY FIRE DEPARTMENT JOINT POWE. PURCHASING CONSORTIUM." Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Page No. 1988 March 6, 1984 FIRE OFFICERS The Council acknowledged and discussed a memo from Administrator SELECTION Frazell regarding the process for selection of fire officers. It was the concensus of the Council that the selection committee should consist of Mayor Lockwood, Councilman Hartmann, Councilwoman Witt, Administrator Frazell, Police Chief Delmont, two members of the Volunteer fire department, and an outside Volunteer Fire Chief, and that March 31 should be scheduled as the date for interviews. ACTING CITY Mayor Lockwood moved the adoption of Resolution NO. 84-14, "RESOL- ADMINISTRATOR UTION APPOINTING STAFF POSITIONS TO SERVE AS ACTING CITY ADMINISTRA- TOR". Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 FILL PERMIT Ayes: 4 Nays: 0 The Council acknowledged and discussed a memo from Public Works Director Danielson recommending that the fill permit granted to Buesing Brothers Trucking for filling on a portion of Resurrection Cemetery property in 1982 be considered valid subject to conditions stated in the original developers agreement. After discussion, Councilwoman Witt moved to authorize execution of the developer's agreement for filling on the Resurrection Cemetery property, and that the original filling permit be approved retro- active to August 26, 1982. Councilman Hartmann seconded the motion. NEWSLETTER The Council acknowledged and discussed a memo from Engineering Aide Guy Kullander relative to reinstitution of the City newsletter. Ayes: 4 Nays: 0 RILEY PUD Councilman Hartmann moved to authorize staff to proceed with pre- paration of a quarterly newsletter. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a memo from City Planner Dahlgren relative to a request from Jim Riley for approval to add a poolside recreation building to the original PUD for the Lexington Heights apartment complex. The Council concurred with the City Planne that the request would not constitute a major change in the PUD. The Council directed that the application for permit for construction of the structure be submitted to the City Council for review and approval at such time as it is formally requested. FIREWOOD SALES The Council acknowledged a memo from Police Chief Delmont regarding firewood sales at 1472 Sibley Memorial Highway. Councilman Mertensotto moved to notify Mr. George McNeill via written communication from the Police Department that the City Council orders that he immediately cease and desist the retail sales operation on property not zoned for such activity, and that if the activity is not ceased in five days, that the Police Chief be instructed to issue a citation consistent with City ordinances. Ayes: 4 Nays: 0 RESIGNATION Ayes: 4 Nays: 0 Page No. 1989 March 6, 1984 Mayor Lockwood seconded the motion. Mayor Lockwood -read a letter he had received from Councilmember James Losleben expressing Councilman Losleben's desire to resign from the City Council effective April 1, 1984, because of business committments on his time. Mayor Lockwood moved to accept the resignation of Councilman Losleben with considerable regret. Councilwoman Witt seconded the motion. The Council directed that staff notify the news media of the pending Council vacancy, advertising that the Council will take applications for appointment to the Council seat, and that appointment will be made on April 3rd. FIRE RELIEF Assistant City Attorney Hart responded to several questions from ASSOCIATION Councilman Mertensotto regarding the Fire Relief Association retire- ment issue. ADJOURN Ayes: 4 Nays: 0 There being no further business to come before the Council, Council- man Hartmann moved that the meeting be adjourned to Monday, March 19, 1984. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:35 A.M. Kathleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor CITY OF MENDOTA HEIGHTS TREASURER'S REPORT - FEBRUARY, 1984 DAKOTA COUNTY STATE BANK Checking Account, Savings Account C.D. Due Rev. Sharing Savings Special Police Savings 3-29-84 @ 9.36% Gen. Fund Spec. Savings Collateral - Bonds Govt. Guar. CHEROKEE STATE BANK 320,000.00 100,000.00 TOTAL Balance $110,058.12 364.86 25,000.00 135,422.98 C.D. Due 7-30-84 @ 9.1% 400,000.00 C.D. Due 7-07-84 @ 9.35% ---300,000.00 C.D. Due 6-04-84 @ 9.25% 125,000.00 C.D. Due Spec. Park Savings 3-5-84 @ 13,952.59 9.56% TOTAL 838,952.59 Collateral - Bonds Govt.. Guar. Collateral 420,000.00 1,300,000.00 100,000.00 1,400,000.00 MINNESOTA FEDERAL SAVINGS & LOAN C.D. Due `3-12-84 @ 9.7% Collateral,Govt. Guar. FIRST;NATIONAL BANK OF ST. PAUL C.D. Due 100,000.00 Collateral - Bonds..• Govt. Guar. 100,000.00 U.S. TREASURY BILLS Due 3-24-84 570,000.00 (AM) 3-08-84 655.000.00 (1st) 3-29-84 650,000.00 (1st) 5-17-84 425,.000,00 _(lst) 11-01-84 850,000.00 (1st) Repo 3-12-84 $521,430.30 624,402.77 630,008.89 406,611.67 777,257.71 275,000.00 TOTAL FUNDS AVAILABLE: $4,309,086.91 100,000.00 100,000.00 __.__,L. Shaughnessy• CITY OF MENDOTA HEIGHTS MEMO March 13, 1984 TO: Mayor, City Council, and City Adminitator FROM: Kathleen M. Swanson City Clerk SUBJECT: Advertisement for Council Vacancy INTRODUCTION At the March 6th meeting, the Council accepted, with regret, Council- man Losleben's resignation from the Council. Staff was directed to "advertise" the impending vacancy. This memo constitutes a report of staff activities in this regard. DISCUSSION On March 7th, we contacted reporters from the Sun, Southwest Review, St. Paul Dispatch, and Voice newspapers, requesting that each newspaper publish an article in their next regular issue to notify Mendota Heights residents of the vacancy. The content of the articles will include an invitation for interested parties to submit letters of application to Mayor Lockwood at the City Office address expressing their interest in applying for appointment and stating their qualifications. March 30th was the stated deadline for application submission; April 3rd was stated as the date of application review and appointment by the Council. ACTION REQUIRED This memo is intended as a status report, therefore no Council action is required unless the Council wishes to direct further dissemination of infor- mation on the vacancy. -03/20/84 CLAIMS LIST 16.50 16.50 49.50 16.50 99.00 */ 1 51 .50 151.50 37.90 37.90 *, 21.75 21.75 */ 157.87 157.7 *. 5.00 5.00 *� 25.00 25.00- 120 .00 5.00- 120.00 1 20.00 *.- 4.40 4.40 *- 32.75 32.75 *.7 127.8,4 127.84 */ 12.67 12.67 */ 2,536.51 2,536.51 101.50 101.50 *, 40.00 40.00 *7 246.88 625,000.00 23,750.00 CHECK REGISTER VENDO' A P W A P_ !4 4' A P W A: A p W EGAN . SON JIM HATCH SALES CO T C MA MC NAMA:RA VIVANTCO MUNICIPALS A BURKE __Dept 10 -Admin 15-Engr 20 -Police JP -FiddrQQe FFnnff TEM D sc,.. PTi6N 84 MRBSHPDUES 84MBRSHP DUES 84 MBRSHP DUES 84MBRSHP DUES 0/: HTG PER#1596 REPL LENS MICROCOMP PUBL COLD MIX 84 DUES BRUNS ON INST CO RPRS BRUNS ON INST CO CORK PROG BRUNSON INST CO RPRS MEND'T4 HEIGHTS FD DISASTER CONTR SEM SPEED PRINTINC CR WATCH NEWSLETTER TRANSPORT CLEARINGS FR -61-T- W000 LATHS WEST CENT24LIND STAKESBLATHS DORANCE WICKS LUNCHES PO SECSCGL M&M SEWER INC PYMT 3 83 -5 - AIRPORT MEDICAL CL EXAM MN NESKA MINN DEPT PUB SAFETY FEB CJDN CONN CHG AMER NAIL BANK AMER NATL BANK AMER NATL BANK _FEE TEMP I BDS PRINC MATURED BDS INT TEMP I BDS Dept 50-Rd&Bridges 60 -Utilities 70 -Parks 80-Planning1l 9R (: O T Ci'f6 r 1 Qto V 01-4404-050-50 01-4404-070-70 05-4404-105-15 15-4404-360-60 01-3253-000-00 01-4330-490-50 01-4402-110-10 01-4422-050-50 ' 01-4404-110-10 05-4330-105-15 1 05-4330-105-151 05-4330-490-15 G1-4400-030-30 01-4305-020-20 05-4305-105-15 05-4305-105-15 01-4490-020-20 74-4460-813-00 01 -4244-730-30 01-4200-610-20 ! 74-4226-000-00 _ 74-4455-300-00 74-4456-300-00 A'0UNT 648,996.88 *i 19.36 3.40 4.91 27.67 * r 7.68- 9.19 22.32 12.04 36.77 *./ 6.48 6.48 600 .00 6.47 664.37 1,863.50 CHECK REGISTER VENDOR A T&T INFO SYSTEMS A T&T INFO SYSTEMS A T&T INFO SYSTEMS B&J AUTO SPLY B&J AUTO SPLY _ B&J-_AUTO B&J AUTO SPLY BO WATER COMMISSION BD WATER COMMISSION BD WATER COMMISSION BO_WA TER _ COMMISSION BD WATER COMMISSION BO WATER COMMISSION 115.27 80 WATER COMMISSION 3,2262.5? * i - 16.95 46.50 63.45 *i 59.32 118.65 74.15 ?52.12 4.25 4.25 */ 150.50 1,183.00 231.30 1.564.50 */ CITY MOTOR SUPPLY CITY MOTOR SUPPLY CONT=L CR CORP CONT:L CR CORP CONTEL CR CORP COPY EQUIP CO DAHLGREIN HOWARD ASSO DAHLGREN HOWARD ASSO DAHLGRON HOWARD ASSO 90.00- DAVIS ELLE:IRONIC SVC ITEM DESCRIPTION MAR SVC MAR SVC 33/8-6/7 SVC RETN RESIN PAINT/HARDENER MISC PARTS 304 AIR/OIL FILTERS FEB SVC FEB SVC RINK FLODOINGS F=8 SVC 181-3 I81-5 FEB ENGR WD40 MISC PARTS MAR PYMT MAR PYMT MAR PYMT XEROX BOND R= AIRPORT NOISE FEB RETAINER _ __ REE DISP ACACIA FEB CORK 4MT25612 ACCOUNT NO. IN' 01-4210-020-20 01-4210-020-20 01-4210-070-70 01-4330-490-50 01-4330-490-50 01-4330-490-50 01-4330-490-70 01-4425-_310-50 01-4425-310-70 01-4425-470-70 15-4425-310-60 71-4460-945-00 74-4460-81 3-00 74-4460-813-00 01-4305-050-50 01-4330-440-20 01-4210-020.20 01-42102.110-10 05-4210-105-15 74-4300..810.0Q 01-4220-135-80. _ 01-4221-13.5-80 16-4220-802-0+0 01-4330-450-30 AmlUNT 33.99 20.43 29.32 20.30 29.48 20.10 26.76 100.00 46.79 20.00 256.?7 *, 250.30 250.00 */ 5.10 7.16- 71.47 69.41 12.75 12.75 12.75 38.25 1 ,106.91 135.40 1,242.31 65 .60 65.60 *, 573.20 P17.05 391.15 449.10 242.30 628.20 405.00 135.00 3,641.00 */ vEr;00- DAVIS DAVIS DAVIS DAVIS DAVIS DAVIS DAVIS _oA_VIS DAVIS DAVIS CHECK REGISTER ELECTRONIC SVC ELECTRONIC SVC_ ELECTRONIC SVC ELECTRONIC SVC LECTRONIC SVC ELECTRONIC SVC ELECTRONIC SVC ELECTRONIC SVC ELECTRONIC SVC ELECTRONIC SVC IDS LIFE INS CO LANGULA HOWE LANGULA HDWE LANGJLA HDWE -L_EF BROS INC LEEF BROS INC LEEF EROS INC LOGIS LOGIS M/A ASSOCIATES INC NEDCENTlERS HP MEDCENTERS HP MEDCENTERS HP NEDCEN1iERS HP MEDCE"JT)ERS HP MEDCENTERS HP MEOCENTERS HP MEDCENTERS HP ITEM DESCRIPTION FEB FEB FEB FE3 FE3 FEB FEB FE3 FEB FEB RPRS RPRS RPRS RPRS RPRS R?RS RPRS RPRS RPRS RPRS ANPJUITY KEYS FEB DISC MISC SPLYS F_B SVC FEB SVC FEB SVC FEB SVC FEB SVC MISC SPLYS MAR MAR MAR MAR MAR _MAR MA R MAR INS W/H PREM PR= M PREM PREM NREM PREM PREM ACCOUNT NO. IN 01-4330-450-30 01-4330-_450-30 01-4330-450-30 01-4330-450-30 01-4330-450-30 01-4330-450-30 01-4330-450-3D 01.-4330-450-30 01-4330-450-30 01-4330-450-30 01 -2072 -:900 -TO 01-4.305_-030-30 01-4305-030-30 01-4305-030-30 01-4335-310-50 01-4335-310-70 15-4335-3.10-60 01-4214-110-10 .15-4214-060-60 01-4305-030-30 01-2074-000-00 01-4245-020-20 U1-4245-021-20 01-424-5;05-0-50- 01-4245-970-79 01-4245-110-10 05-4245-105-15 15-4245-060-60 YOUNT 13.34 13.33 15.0 13.33 55.00 9.86 9.86 */ 81 .90 81 .90 * 141 .225 141 .25 61.16 61 .1.6 *� 23.25 62.40 _ 85.65 314.76 189.56 189.55 84 .08 116.43 125.50 950.30 8 50 .31 804.35 155.37 189.56 251.95' 850.30 4,975.37 39.'5 10.55 10.65 20.67 19.50 CHECK R IS TER U7 N004, MEND HGTS RUBBISH MEND HGTS RUBBISH MEND HGTS RUBBISH MEND HGTS RUBBISH MINN DEPT OF REV MINN FIRE INC MINN TEAMSTER-L0C320 ROTOR 0LA INC NELSON RADI °COMM NELS3'4 RAJIOCOMM NORTHERN ST NORTHERIN ST NORTHERN ST NORTHERN ST NORTHERN_ST NORT4ERN 3T NORTHERN NORTHERN NORT4ERN NORTHERN N ORTHE RIN NCRTHEP=N NORTHERN ST ST ST ST ST ST 3T POWER POWER_ POWER POWER POWER POWER POWER POWER POWER POWER P OWER POWER POWER NORT1WEST=RN BELL NORTHWEST.=_R N BELL NORTHWEST ER N BELL NORT1WESTE1N FIELL NORT1WEST=RN BELL CO CO CO CO CO CO CO CO CO CO CO CO CO ITEM DESCRIRTI0V FEB SVC FEB SVC FEB SVC FEB SVC FEB SPEC FUEL TA X SPL YS MAR DUES ACCOUNT NO. I 01-4280-31 0-5 01-4280-310 01-4280-315-, 15-4280-310-6 01-4320-050-5 01-4305-030-3 01-2075-00 RPR VOLUME SWITCH 01-4330-450-2 MAR MTCN CON TR MAR MT;, N COV TR MAR SVC MAR SVC MAR SVC MAR SVC MAR S VC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC MAR SVC 01-4330-45r 07-4330-00, 01-4211-300-5 01-4211_-31_0-5 C1-4211-31 0-7 01-4211-315-3 01-4211-320-7 01-4211-420-5 01-4212-310-5 01-4212-310-7 01-4212-315-3 01-4212-320-7 15-4211-310-6 15-4211-400-6 15-4212-310-6 01-4210-020-21 01-4210-050-51 01_,7,421070,7n-._ __ 7 01-4 210-3 3' 05-4210-1tr,-1 MOUNT 267.30 369.12 *� 7.50 7.50 *✓ 158.44 158.44 tj 3p.28- 30.28- 30.28- 30.28- 62.00 62.00 62.00 62.00 126,G8 * 430.50 430.50 */ 50.00 69.30 119.30 #' CHECK REGISTER VENDOZ NORTHWESTERN BELL OXYGEN SERVICE CO OUEHL El K COMPANY_ SATELLITE INDUSTRIES SATELLITE INDUST INC SATELLITE INDUST INC_ SATELLITE INDUST INC SATELLITE INDUST INC _SATELLITE INDUST INC SATELLITE INDUST INC SATELLITE INDUST INC SH IELY J L C0 SIGNAL CAR _WASH SIGNAL 2AR WASH 1,893.54 ST TREAS ?ERA 1,794.37 ST TES 'ERA 526.90 ST TREAS PIERA 17.26 ST TREAS FIERA 57.12 ST TREAS 'ERA 196.36 ST TREAS 'ERA 1,147.79 ST TREAS ',ERA 1,033.00- ST TREAS PERA 203.54 ST TREAS 'ERA 267.32 ST TREAS PERA 69.49 ST TREAS PERA 4.646.10 */ 173.85 43.60 58.05 UNTFOP.MS UNLIMI TED UNIFORMS UNLIMI TEO UNIFORMS JNLIMITED ITEM DESCRI?TIOV MAR SVC DEMURRAGE THRU 2/15 RPT FORMS PICKUP CR FH PI2KUP CRWENTWORTH PICKUP CRNARIE PK PICKUP CRIVYFALLS FEB RENT MARIE PARK FEB_RENT W ENTWORTH FEB RENT FR HILLS FEB RENT IVY FALLS COV VE YOR BE -CT 2ND__ QTR 8 4 FE3 WASHES 3/2 PERA W/4 3/2 PERA 3/2 PERA 3//2 PERA 3/2 'ERA 3/2 PERA 312 PERA CORR AMT 3/2 PERA 3/2 PERA 3//2 PERA TROUS OLMSTEAD MISC PLATH MISC MILLER ACCOUNT NO. INV, 15-4210-060-60 01-4305-050-50 01-4305-020-20 07 411;167'° 70 01-4200-610-70 01-4200-610-70 01-4200-610-70 __ 01-4200-61 0-70 01-4200-610-70 01-4200-610-70 01-4305-070-70 01-4430-020-20 01-4430-020-23 1 01-2062-000-00 01-4406-020-20 01-4406-021-20 01_-4406-030-_30 01-4405-040-40 01-4406-050-50 01-4406-070-70 01-4406-070-70 01-4406-110-10 C5-4 406-105-15 15-4406-060-60 01-4410-320-20 1 01-4410-020-20 1 01-4410-320-20 1 HJT 80.95 58.05- 58.35 361.45 *- 926.84 240.39 • 1,167.23 */ 13,378.57 1,001.06 62.40 2,188.04 231.30 664.37 653,516.41 576,042.75 MANUAL CHECKS 10459 10460 10461 10462 10463 10464 10465 CHECK REGISTER V=NDO1 ITEM DESCRIPTION UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFJR'4S JNLIMI TES ZIEGLER IVC ZIEGLER *UC 300.00 1,145.15 4,722.19 2,453.54 21,452.43 50.00 35.00 30,158.31 GT 706,201.06 FUND 01 TOTAL FUND 05 TOTAL FUND 07 TOTAL FUND 15 TOTAL FU"JD 16 TOTAL FUND 71 TOTAL FUND 74 TOTAL TOTAL JKT BLACKFELLNER CORR. ACC T MISC MILLER MISC SPLYS MISC SPLYS GENERAL FUND ENGR ENTERPRISE CIVILDEFENSE SE4ER UTILITY TI) 179-7/81-4782-2/82-6 T81-3MHROUAT EXT CONS PROJ FUND Dakota County Bank Payroll Deductions 3/2 St Cap Cr Union Dir Internal Rev FIT W/H 3/2 St Treas SS FICA 3/2 City MH PR Acct 3/2 Payroll Dakot County Bank Payroll, Deductions 3/2 Met Council Regr. Jim Danielson ACCOUNT NO. INV 01-4410-02f ') 01-4412-02L J 01-4412-320-20 -4305-05.0-50_ 15-4305-060-60 LIST OF 1984 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON MARCH 19, 1984 Brandt Builders Central Roofing Company Hinnenkamp Masonry J. P. Homes, Inc. John's Construction, Inc. Monty Girard Homes LandTech Corporation Dick Nelson, Inc. Glenn Rehbein Excavating General General Masonry General Masonry General General General Contractor's Contractor's License Contractor's License Contractor's Contractor's Contractor's Excavating License License License License License License License N.UC, NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION c/o City Offices 750 South Plaza Drive Mendota Heights, Minnesota 55120 1. NORTHERN DAKOTA COUNTY CABLE COMMUNICATION COMMISSION FULL COMMISSION MEETING MINUTES - FEBRUARY 29, 1984 The meeting was called to order by Chairman Dave Zemke at 7:35 o'clock P.M. The following Directors were present: Baird - Sunfish Lake Boelter - Mendota Walker - West St. Paul Weiss - Lilydale Lanegran - South St. Paul (7:49) EXCUSED ABSENCE Kinney - South St. Paul Harrison - Sunfish Lake Tatone - Inver Grove Heights Henderson - Inver Grove Heights Zemke - Mendota Heights Hanson - West St. Paul Witt - Mendota Heights (7:45) UNEXCUSED ABSENCE Bruestle - Mendota Also present were John Gibbs, legal counsel, Anita Benda Stech, technical consultant, John Wadell, South-West Review, Christine L. Meuers, Patrick H. O'Neill of O'Neill Burke and O'Neill, Ltd., Jim Riegler, Alvin Wright, Lawrence Richmond and Kevin Foley of Rite Cable Company, Ltd., Ann Mueller of Bertman Corporation, Robert Sachs, Tom Ryan, Bill Coleman, Rollin H. Crawford and Barbara Sitkin of Continen- tal Cablevision. 2. Zemke. moved, seconded by Hanson to add to the agenda No. 6A "Discussion of Applicant's Correspondence. Voting: 8 ayes, 0 nays. Baird moved, seconded by Hanson to approve agenda as amended. Voting: 8 ayes, 0 nays. Motion carried. 3. Several items of communication to the commission were presented, including a letter from MCCB in regard to Regional Channel Entity Selection and the agenda for the February 29, 1984 meeting; Metro Area Interconnection Commission agenda for the meeting on February 22, 1984 and also notifying NDC -4 that this Commission will meet the first and third Wednesday of every month at 3:00 P.M.; a letter from the City of Mendota Heights in regard to the assessment contribution; a letter from Linda J. Camp in reply to James Kennedy's letter dated December 19, 1983; memo from Minnesota Educational Media Organization/Telecommunica- tions Special Interest Division about the 2nd Annual Spring Cable Conference. Baird moved, seconded by Hanson to receive and accept the above communications. Voting: 8 ayes, 0 nays. Motion carried. 4. Tatone moved, seconded by Walker to approve the minutes of the January 18, 1984 amended as follows: 1. Correct spelling of decision on Page 2, Item 6, Paragraph 4. 2. Insert "Vice" before Chairman on Page 3, Item 8, Paragraph 3. Voting: 8 ayes, 0 nays. Motion carried. 5. In absence of Treasurer Kinney, Chairman Zemke stated that there is between $4900.00 and $5000.00 in the checking account. He also presented three (3) bills for payment, City of Mendota Heights in the amount of $160:91, Herbst & Thue in the,,amount of .78.71, anal 4iriita z.Stech in the amount of $1340.23. I Tatone moved, seconded by Henderson to pay the bills. Voting: 9 ayes, 0 nays. Motion carried. 6. Chairman Zemke addressed the "Evaluation of Cable Communications Proposals submitted to Northern Dakota County Cable. Commission -- Preliminary Report. Chairman Zemke then asked Anita Stech, technical consultant, was present to present the report to the Commission. Stech stated that the report was prepared by herself and two people from CTIC. In the report they addressed the applicant's pro- posals in terms of organization structure, financial plans, engineering and technical analysis, services proposed, internal consistency of the proposals. She stated that they came up with some analysis and a lot of questions on both proposals and that the applicants would have the opportunity to respond to the questions in the report and the final report will consist of the clarifications, if any. Stech then discus- sed each section of the report. Director. Hanson asked when were the applicants notified of these questions. Chairman Zemke stated that they were informed on February 24, 1984 that the report would be available to them on Noon, Monday, February 27, 1984. A letter was attached to the report informing the applicants that there were numerous questions and that additional questions might be raised at the meeting on February 29, 1984. Re- sponses to those questions were to be received no later than Noon, ' March 14,1984, in the Mendota Heights City Offices and also stated how many copies of the responses were to be submitted. Chairman Zemke also stated that the time period was based on the schedule the Commission set up several months ago. Director Baird raised the question of MCCB rules on substantial amendments to a proposal after the proposal has been received. John Gibbs, legal counsel responded to this question by stating that the report raises a lot of questions which may be based on inad- verant errors and those questions asked may modify or clarify the proposal thereby not reaching that legal standard. Gibbs also recom- mended that the Commission should wait for the final report with the clarifications. Lanegran moved, seconded by Baird to receive the technical consul- tants preliminary report. Voting: 10 ayes, 0 nays. Motion carried. Directors expressed the desire to have more than three (3) days to review the final report. It was stated that every effort would be made to do this. 6A. Chairman Zemke stated that the Commission has received letters from both Cable Companies. Two from O'Neill, Burke and O'Neill repre- senting Rite Cable Company, Ltd. commenting on Continental Cablevi- sion's proposal and one from Continental Cablevision responding to the O'Neill, Burke and O'Neill letter. Witt moved, seconded by Baird to receive the correspondence from O'Neill, Burke and O'Neill and Continental Cablevision. Voting: 10 ayes, 0 nays. Motion carried. 7. Chairman Zemke addressed the Metro Area Interconnect letter in regard to joining the Commission. He stated that he felt it was too early for the Commission to join. Lanegran moved, seconded by Witt, to table the membership to the Metro Area Interconnect Commission. Voting: 9 ayes, 0 nays, 1 absten- tion - Henderson. Motion carried. Vice -Chairman Tatone asked what will be the procedure that is to be used to evaluate the proposal after receiving the final report. Stech addressed this question by stating that what works well is to make a record from you Evaluation Criteria Priority Section of the Request for Proposal and give points in each category, this would indicate which proposal is the stronger proposal. This matrix could be used by the directors to evaluate the applicant's proposal against the Request for Proposals and then a discussion would by held by the full Commission. Baird moved, seconded by Tatone to have the technical consultant prepare draft matrix for Commission consideration at the next commis- sion meeting and that the next meeting be Wednesday, March 21, 1984. Voting: 10 ayes, 0 nays. Motion carried. Tatone moved, seconded by Walker to have the public hearing on Wednesday, April 25, 1984 at the West St. Paul City Council Chambers. Voting: 10 ayes, 0 nays. Motion carried. Mr. Patrick O'Neill on behalf of Rite Cable Company addressed the Commission in regard to the questions raised in the preliminary report. He requested an additional week to respond which would be March 21, 1984. Mr. Sachs, Continental Cablevision had no objection to this request. Tatone moved, seconded by Baird to hold the public hearing on May 2, 1984, that the applicant responses to the preliminary report must be received at Mendota Heights City Hall no later than Noon, March 21, 1984, that the technical consultant have her final report done by April 18, 1984 and that the legal counsel and Chairman publish the legal notice of the public hearing. Voting: 10 ayes, 0 nays,. Motion car- ried. Mr. Sachs of Continental Cablevision raised a question on the scope of the responses, if they should comment just to the questions or the whole proposal relating to their own proposal and if the Commission is asking for responses on the other applicant's proposal. Tatone moved, seconded by Hanson that the applicants are directed to answer the specific questions addressed to them as it relates to their proposal and that the questions be individually answered. After considerable discussion Henderson moved, seconded by Baird to amend the previous motion by adding: "that the applicants are al- lowed to comment on any conclusions or judgements in the report with respect to their proposal." Voting: 10 ayes, 0 nays. Motion to amend carried. The amemded motion: That the applicants are directed to answer the specific questions addressed to them as it relates to their propo- sal, that the questions be individually answered and that the appli- cants are allowed to comment on any conclusions or judgements in the report with respect to their proposal. Voting: 10 ayes, 0 nays. Motion carried. Mr. Sachs also raised the issue of the financial statement of Mr. Wright. He feels that this information should be public so that they may have the opportunity to scrutinize the financial statement just as the technical consultant and the Commission. Mr. O'Neill commented with regard to Mr. Sachs' statement by stating that they did not have any objections to having the consultant, Commission or Mr. Sachs looking at the financial statement of Mr. Wright, but that he felt that for personal security reasons the financial statement of Mr. Wright should not be part of a widely distributed public document. John Gibbs addressed this issue by stating that the personal financial information could be separate from the report responses. Lanegran moved, seconded by Walker to have controlled access to the personal finances response and that the response be sent directly to the Commission Chairman. Voting: 10 ayes, 0 nays. Motion carried. 9. There were no presentation by interested members of the public. 10. Chairman Zemke moved, seconded by Lanegran to adjorn the meeting. Voting: 10 ayes, 0 nays. Motion carried. TIME OF ADJOURNMENT: 9:40 o'clock P.M. Prepared by: Diane Ward Staff Secretary CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator March 15, 1984 SUBJECT: Request of Chamber Executive Director Bill Escher for Financial Assistance in Attending Economic Development Seminar The Minnesota Department of Energy and Economic Development is sponsoring an Economic Development Training workshop, put on by the National Development Council Training. The purpose of the workshop is to teach the attendees how to analyze the "Public/Private" partnership economic development projects. Dakota County Chamber of Commerce Executive Director, Bill Escher, wishes to attend this workshop so that he can provide the services to the member communities, one of which is Mendota Heights. Attached is a letter from Bill requesting our consideration of cost participation in his attendance at the workshop. Since these letters were sent, Bill has indicated to me that his regis- tration will be $800, rather than $600 as indicated in the letters. This is because the City of Eagan has not yet acheived star city status, and he therefore cannot receive the reduced registration through their star city program. The cities of Eagan and West St. Paul have each authorized a $200 contribution. Bill and the Chamber are requesting a similar level of contribution by the City of Mendota Heights. The remaining cost will be picked up by the Chamber of Commerce and personally by Bill Escher. BUDGET IMPACT Most of the public participation in development projects in Mendota Heights would be in connection with our tax increment district; Treasurer Larry Shaughnessy feels that it would be a legitimate expenditure to charge this cost against the tax increment district. RECOMMENDATION As the development in our tax increment district speeds up, it would certainly be of value to us to have a person with this kind of training. For this reason, and because the other two cities in the Chamber, Eagan and West St. Paul, have agreed to participate, I would recommend favorable Council consideration of Mr. Escher's request. Bill Escher will be present at the meeting Monday evening to answer any questions Council may have. - 2 - ACTION REQUIRED If Council concurs with the request and the staff recommendation, it should pass a motion authorizing a $200 contribution from the tax increment district toward the cost of the Chamber Executive Director attending the Economic Development. workshop. Respectfully submitted, Kevin D. Frazell City Administrator attachment dakota county chamber of commerce March 6, 1984 Mr. Kevin Frazell City Administrator City of mendota Heights 750 Plaza Drive Mendota Heights, Mn 55120 Dear Kevin: MAR 8184 As you can see by the enclosed copies of letters addressed to Ken Kube, Mayor of West St. Paul, and Tom Hedges, City Administrator of Eagan, we are requesting their participation in funding the National Development Council Training sponsored by the Minnesota Department of Energy and Economic Development. In this letter I indicated that the City of Mendota Heights might have an interest in this program. If you are willing, we could reduce the cost to each participant from $150 to $120. As I mentioned to you on the phone, I would be pleased to formalize this request to your Council on Monday, March 19. Please let me know what you would like me to do. Yours very truly, DAKOTA COUNTY CHAMBER OF COMMERCE W. Escher Acting Executive Director CWE:db Enc. 33 E. Wentworth • Suite 101 West St. Paul, Minnesota 55118 • 457-4921 EA(;:1N • I.II.1'I1;11.1•: • \1ENDOTA • NlENDOTA HEIGHTS • 1vI,aT tiT. I':sl'I. OC dakota county chamber of commerce March 5, 1984 Mr. Ken Kube Mayor, City of West St. Paul • 33 E. Wentworth Avenue #218 West St. Paul, Minnesota 55118 RE: NATIONAL DEVELOPMENT COUNCIL TRAINING SPONSORED BY TILE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT Dear Ken: My registration in the Minnesota Department of Energy and Economic Development's second round of National Development Training has been accepted. The National Development Council Training will start on April 30 and will consist of five days on Economic Development Financing. This course is the "nuts and bolts" knowledge and skills of how to estab- lish a public/private sector partnership to initiate an aggressive marketing program, to screen, analyze, structure, and package invest- ment .proposals, to enlist the commitment and support of the private sector lenders, to .utilize the Federal tax incentive and loan programs and to properly set performance goals, monitor progress and identify problems. The second five-day course entitled "Business Credit Analysis" will begin June 11. This course focuses on the analysis of the Balance Sheet, Profit and Loss Statements and Cash Flow Statements. After this segment, participants will be able to analyze their own live • projects and will have developed the skills to present a proposal to a lender or investor. The third segment is titled "Real Estate Financing" and will begin on June 23 for five days. The purpose here is to learn how to determine property value based on the appraisal process, and to analyze, construct and restructure live underwriting proposals using conventional, in- come participation, subordinate financing, syndication, and joint venture underwriting techniques. The final week of this course is titled "Advanced Deal Structuring". The date for this'course is to be announced. In this course attention will be focused on how to utilize public and private sector financing tools and tax incentives to maximize the benefits offered to businesses creating jobs while maximizing the return to the public sector. 33 E. Wentworth • Suite 101 • West St. Paul, Minnesota 55118 • 457-4921 EAGAN • I.II,YDAL1? • MENI)OTA • MI?NDOTA IIP:IcIITs • WEST S•1•. PAU1, As we have discussed, the Chamber would like to take a more active role in economic development for the cities that are represented within the Chamber. To do this it is the feeling of our various city Economic Development Committees that if the cities do not intend to send someone. to this course,the Chamber should send someone to the course with the financial participation from our respective city members. It is my intention to attend as the representative from the Chamber. In order to get the most advantageous price, I have registered as attending under the Minnesota Star City program of which Eagan is an applicant. The four-week course cost is $600 as a Star City applicant. On March 1, our Board of Directors approved my attendance at these training sessions and agreed to contribute $150 towards the cost. I am pre- pared to personally pay $150 of the cost. I am, therefore, requesting the balance of $300 be contributed by the Cities of West St. Paul and Eagan. Tom Hedges, City Administrator of Eagan, has indicated he would endorse such a proposal to their Council, and we have every reason to believe it will be granted. Therefore, we hereby request that the City of West St. Paul agree to fund $150 towards these training' sessions. We are also writing to the City of Mendota Heights telling them of this planned training program and asking them if they have any interest in participating in the cost. If their answer is positive, we would reduce everyone's contribution to $120. If you consider it necessary or helpful, I would be more than pleased to attend a Council meeting to make a formal request for the City's participation and to answer any questions I can pertaining to the Economic Development Committees we have established or to the training sessions as I understand them. The question has been asked,inasmuch as I am only the Acting Executive Director of the Chamber, whether or not I would be available to represent the Chamber in its association with the respective cities as it pertains to economic development. While I am in no position to give any guarantees, allow me to assure you that I would be more than happy to continue in some capacity with the Dakota'County Chamber of Commerce when it works with the cities in the area of economic development, and I am willing to agree to this kind of a commitment for a reasonable period of time, maybe up to three years, provided the Dakota County Chamber of Commerce is a willing participant -in such involvement. If you have any questions concerning my request, I would appreciate you letting me know. However, I would like an indication of your interest by April 10 so I can make the necessary financial plans to attend the training sessions. Best personal regards. Yours very truly, . DAKOTA COUNTY CHAMBER OF COMMERCE C. W. Escher Acting Executive Director CWE:db cc: Tom Hedges, Kevin Frazell CITY OF MENDOTA HEIGHTS MEMO March 14, 1984 TO: Mayor, City Council and City Ad �istrator FROM: James E. Danielson Public Works Director SUBJECT: Sewer, Water, Streets Evergreen Knolls (Gryc) Job No. 8313 Improvement No. 83, Project No. 4 INTRODUCTION: At the March 6, 1984 public hearing regarding the above project, Council was concerned about the proposed stage development and sug- gested that Staff meet with the Developer to discuss the possible extension of Evergreen Knoll from Proposed Phase I construction to Dodd Road. DISCUSSION: Staff did meet with the Developer, explained Council's concern and came up with the following: 1. The Developer disapproves of extending Evergreen Knoll because of cost and the premature disruption of existing ground conditions in an undeveloped area. 2. Staff concurs that the development of the easterly portion of Evergreen Knoll at this time is not advisable for the following rea- sons: A. The extension will cause surface water drainage problems in that a low spot will occur at the intersection of Evergreen Lane. B. This will cause erosion problems unless a storm sewer is extended to eliminate ponding at this point. C. Premature storm sewer construction will be sanitary sewers and water are also extended to that temporary, point. D. Construction of the extension of Evergreen Knoll graveling, utility construction, topdressing and seeding, erosion control, will cost an estimated $76,000.00. unless by grading, as well as E. These costs will have to be assessed against the adjacent property and will possibly be deferred because of lack of property development. F. The extension of a temporary graveled roadway will cause unnecessary maintenance and snow removal costs and will not provide assurance that the roadway will be considered "all weather." G. Future upgrading will require replacement of most of the temporary gravel base and landscape restoration, costing $15,000.00 to $16,000.00. H. In a discussion with the Fire Marshall, it was determined that emergency response time to the most extreme dwelling in proposed Phase I would be no longer than one minute, by going around on Wentworth Avenue. It was also suggested that a temporary gravel roadway off of Dodd Road might cause the Police Department many problems because of its isolation and lack of normal traffic. The Fire Department prefers blacktop streets to gravel streets because of the amount of equipment cleaning needed after such a run. ALTERNATIVES: After discussion with the developer, it was agreed that Evergreen Knoll, Phase I and Phase II, would be platted in its final configura— tion assuring the City that the developer intends to proceed with the entire project. He did request that he be given consideration for delayed park contribution on Phase II until construction is actually approved. RECOMMENDATION: Staff recommends that the Council authorize the preparation of plans and specifications for. Phase I construction as submitted at the public hearing on March 6, 1984. Staff also recommends that any con— sideration for the extension of Evergreen Knoll, as a temporary grav— eled street to Dodd Road, be dismissed. ACTION REQUIRED: No action is required until the continued hearing is held on April 3rd. The above is for Council information prior to the hearing. Mr & Mrs. Virgil Christoffersen 800 West Wentworth Mendota Heights, Minnesota March 12, 1984 Mendota Heights City Council Mendota Heights City Hall 750 South Plaza Drive Mendota Heights, Minnesota 55120 RE: Evergreen Knolls, Gryc Subdivision Job #8313, Improvement #83, Project #4 Dear Members of Lhe City Counc:ii: It is the purpose of this letter to evaluate the facts concerning the proposed roadway which would run alongside our property for access to the above property. This was discussed at the March 6, 1984, council meeting. 1. Because the ravine at the proposed site has a 50 to 75 foot drop, it is our opinion that a wash out of said proposed road would be eminent and worse than has been experienced with highway 13. The result would be more tax money to be put into upkeep of said road. 2. We had no notice of said proposed road until we had received a letter on February 21, 1984, and thus had no chance to receive a defferment such as Par 3 golf course and the neighbors to their west were able to. If we had been able to do this, it would not have reached this point. 3. Virgil Christoffersen has been disabled for the past four years and unable to work. 4. We have'been told by the City Zngineer that in order to pay the assessments and increased taxes, our only alternative because of our financial situation would be to sell the back portion of our acre. We did not buy this land with any intention to sell and divide it. We should not be forced to sell our land so another man can make money, this does not seem right. 5. Gryc bought the property knowing it was land locked. Why shouldn't he build the road going through his land on Dodd Road and develope the first addition there? 6. The 30 foot easement falls well into two of our bedrooms and our garage of our home. That would make our home very difficult to sell if and when we ever decided to. Mendota Heights City Council Page 2 There are only two options that we could consider as realistic: Move .{`j -•he road so rt;h,at no rioad' or,. ease merit ;falls ,�•'.`' Y 7'l ...e :�. .w ice^' ke,. t > ( i upon our property. 2. Buy our whole acre lot. If the Council does not agree to either of the above options, we may have no alternative but to pursue further legal action and you could be held liable for court costs, attorney's fees, and other costs necessary to proceed with this action. Thank you for your consideration and cooperation in this matter. Best regards. Sincerely, ( _ ( , �lC�;.e.--c `*- /, .�; isv• i �" Virgil G. Christoffersen ) `t KleiL<J• Carolene A. Christoffersen/ CITY OF MENDOTA HEIGHTS MEMO 4 TO: Mayor, City Council and City Admin*trator March 12, 1984 FROM: James E. Danielson Public Works Director SUBJECT: Preliminary Plat - Riley's Apartments DISCUSSION: Jim Riley has submitted his preliminary plat for Council approval. This plat has several major discrepancies: 1. Right of way along Lexington Avenue is shown to be only 33 feet, this is not in conformance with the 55 foot County standard. If 55 feet is not provided, the ditches or drainage ways along Lexington Avenue will not be within public easement or right of way, one or the other needs to be provided. 2. A drainage easement for the storm water holding pond has not been shown. 3. A 10 foot trail easement along the 55 foot right of way was promised but has not yet been signed. It now sounds as if Mr. Riley may not intend to provide that easement. 4. A restricted access easement along Lexington Avenue is re- quired by the County and is not shown on the plat. RECOMMENDATION: Staff recommends that no further building permits be granted until favorable resolution of the above stated problems be arrived at. ACTION REQUIRED: Staff recommends no action be taken on this plat until a favorable resolution of the above stated concerns is arrived at. MEMO ' March 14, 1984 TO: Mayor, City Council, and City Adi nistrator FROM: Dennis. J. Delmont, Chief of Police SUBJECT: Ambulance Service Introduction At the request of the City Council, I have investigated the alternatives available in the delivery of emergency medical services in the City of Mendota Heights. Background For approximately 12 years ambulance service in the Mendota Heights area has been provided by Divine Redeemer Hospital. At the present time they respond with two Certified Paramedics in a State licensed Advanced Life Support ambulance. In recent years the hospital has asked client municipalities to subsidize this service on a per capita basis. In 1984 that subsidy is approximately $8,500 or $1.13 per person for Mendota Heights. This type of subsidy of a private for profit organization has been questioned and further discussion of alternatives has been requested. Discussion For the purpose of this memorandum, the following definitions are offered: ALS - Advanced Life Support For an ambulance to be considered Advanced Life Support, the attendant must be a Certified Paramedic and the ambulance equipped to minimum State standards which include items not required on Basic Life Support units, such as: portable cardio -scope, defibrillator, esophageal obturator airway, intravenous equipment, medications and anti -shock trousers. The drivers may be EMT trained. ALS is the highest level of pre -hospital care. BLS - Basic Life Support The attendants must be EMT and the ambulance must be equipped to minimum State standards. EMS - Emergency Medical Service EMT - Emergency Medical Technician This is a level above American Red Cross Advanced First Aid, but short of on-going physician control. An EMT may perform medical procedures which do not require a physician's authorization. The training required by the Department of Transportation is a minimum of 81 hours. First Responder A First Responder may be any citizen, but generally means a responding agency that has members meet a level of training. The level may be Department of Transportation First Responder Course (40 hours), Crash Injury Management (40 hours) or EMT (81 hours). Paramedic The highest level of training for pre -hospital providers. Paramedics are capable of performing advanced procedures under a physician's direct control. Training requires over 800 hours. Several Metropolitan communities were polled and the results, along with some dis- cussion follows: APPROXIMATE CITY PROVIDER COST 1 Burnsville Inver Grove Heights Eagan West St. Paul South St. Paul Apple Valley Rosemount Roseville New Brighton Bloomington Hopkins Richfield Eden Prairie 2Maplewood 3White Bear Lake 4Cottage Grove Hastings Oakdale 5Woodbury Divine Redeemer 11 11 n n n Health Central (Unity Hospital) n u Smith -Martin n Hennepin General 11 Police Paramedics Volunteer Fire Paramedics In House - CSO Paramedics Fire Department EMT n n 11 Fire Department 72,000 26,000 28,373 20,838 23,621 47,366 6,000 0(Provide Office Space) 0 0(Provide Office Space) 0- 0 0 250,000 32,300 170,000 Unk. 17,300 19,340 1) Burnsville has received approval to start their own ALS service using Fire/Paramedics. They anticipate a startup cost of $270,000. They also expect to recoup 80-90% of operating expenses through their direct billing for services. (See attached News Report). 2) This represents ongoing operating expenses and does not include the cost of four (4) ALS ambulances. Approximately 75% of direct billings are actually collected. 3) Does not include costs of startup equipment and training of paramedics. 4) Paramedics function as Community Service Officers when not engaged in EMS services. 5) See attached information. The City of Mendota Heights is in an area licensed for ALS services by the State of Minnesota to Divine Redeemer Hospital. Divine Redeemer is the only agency that is licensed to provide Advanced Life Support ambulance service in the area of Mendota Heights. As you noted in the Table on the preceding page, several communities provide only Basic Life Support. These are often offered by the fire departments and the volunteer fire departments in the area served. To give you an example of the difference between Basic Life Support and Advanced Life Support, you cannot treat a heart attack with Basic Life Support. Basic Life Support is primarily to provide basic first aid measures at the scene and provide quick transportation to the nearest hospital. Advanced Life Support is equipped to stabilize a patient at the scene of the injury, trauma, or illness, before they are transported to the hospital. Communities that only provide Basic Life Support are only able to get by with it because of the fact that there is no Advanced Life Support licensed to serve their area. In Mendota Heights, as previously discussed, Divine Redeemer is licensed to provide Advanced Life Support. Because of this, we could go ahead and implement some type of Basic Life Support ambulance service in the City of Mendota Heights, but would still be required to summon Divine Redeemer to incidents of heart attack or serious injury or illness. In that case, we would be no better off than we are now because some type of contractual arrangement obviously in the form of a subsidy would be required by the Hospital. Because of the relatively small population served, and the small number of emergency runs per year, it is not feasible to even consider attempting to develop an ALS ambulance service within the City. This would have to be a cooperative venture involving a population of at least 100,000 or so, just to absorb a portion of the cost involved. The startup costs for an ALS service in Mendota Heights would probably be in the area of $200,000. These costs are for equipment, training, and personnel. It is almost impossible to operate any type of ambulance service without an effective backup, and that brings up other questions and expenses which would have to be addressed. That leaves Mendota Heights in a relatively vulnerable position. Alternatives The alternatives afforded Mendota Heights are few. 1. Develop and implement an ALS service using Fire Department personnel. This alternative would be approximately equal to a 20 year subsidy to Divine Redeemer Hospital. 2. Develop and implement a Basic Life Support ambulance system within the Mendota Heights Fire Department, and pursue a backup provider of Advanced Life Support. This system would probably require a subsidy to an ALS company that is authorized to serve this area. At the present time, that is Divine Redeemer. 3. Refuse to pay the subsidy required by Divine Redeemer Hospital. This would force Divine Redeemer to make a decision of providing ALS service to Mendota Heights without subsidization or notifying the State of Minnesota that they wish to vacate Mendota Heights and give up their license for that area. In that case, Mendota Heights would have to quickly secure temporary ALS service from another company or hospital, and hopefully attempt to attract another company into this area. That would require that company to request, and be granted, a license to serve a now vacated area. This alternative comes very close to tampering with the safety of the citizens, because we have no guarantee that we would be able to attract another company and no guarantee of a temporary provider who could respond within a reasonable amount of time. 4. Form a users group from the municipalities served by Divine Redeemer Hospital in an attempt to devise a workable contract that may alleviate some of the burden of the subsidy. Along these lines it should be noted that as communities drop from Divine Redeemer service, such as Burnsville did, the subsidy is liable to get larger and larger each year. As of this time, I see nothing projecting costs for our area but the Burnsville -Farmington -Apple Valley area indicates an increase of at least 10% per year for the next 2-3 years. Recommendation It is recommended that the City of Mendota Heights continue to subsidize Divine Redeemer Hospital for providing Advanced Life Support ambulance service to the City. In addition, it is recommended that the Council pursue the formation of some type of users group consisting of representatives of each city served by Divine Redeemer Hospital, for the purpose of on-going communication and negotiation with ,the Hospital for future contracts. Action Required Memorandum is in response to a request for information only, no action is required. WOODBURY AMBULANCE COUNCIL 2100 RADIO DRIVE • WOODBURY, MINN. 55125 The Woodbury Ambulance Council is a non-profit corporation created to provide and maintain emergency ambulance service. The ambulance crews are trained volunteer members of the Woodbury Fire Department. Donations from area people, businesses and governmental units provided the funds to start the ambulance service. Payments from patients provide the money we need to keep the operation going. The directors of the Woodbury Ambulance Council are trying to keep the fee charges as low as possible and still provide enough money for future operations. We feel the following fees are reasonable. TREATMENTS RUN CHARGE: Non -vehicle incident$60.00 Vehicle incident 85.00 SERVICE CHARGES: Oxygen $15.00 Suction 6.00 Splints 10.00 Bandages - 5.00 Spine Board 5.00 Burn Pack 10.00 Cervical Collars5.00 Esophageal Tube40.00 Ice Pack 5.00 Most people pay within 30 days. If you cannot pay within us a note in the enclosed envelope. Please include any cl you may have. Best regards, Bill Krueger, Director of Billing 612/738-0650 00 OorxiAe:waY 0 Esophageal Airway Endotracheal Airway El Limb Splints O Traction Splint o Spine Board Ei Cervical Collar • I.V. Fluids 0 Medications EJ obstetrical D Restraints • o CPFt 0 Citizen CPR O Defibrillation 0 Pulmonary Resuscitation El suction 0 MAST O EKG - 0 Follow -be se drop es tions WOODBURY FIRE DEPARTMENT 6301 Upper Afton Road Woodbury, Minnesota 55125 • 731-9250 2100 Radio Drive Woodbury, Minnesota 55125 • 731-9260 Woodbury Ambulance Council Budget Summaries 1`9B2 1/931 1984 Reciepts Run Recieots 13,212 14,000 9,191 10,000 Gifts 100 500 685 500 County Cont. 4,340 4,340 3,334 4,340 EMT&CPR 2.100 500 1.120 500 Interest 1 7.,500 15216 3�7� .Total 19,753 22,840 18,046 19,340 Disbursements Gas&Oi1 1,515 1,500 1,234 1,500 Office Exp. 598 600 981 600 EMT&CPR 2,177 700 938 1,000 Public Rela� 400 400 200 300 Veh Repair 1.918 2,500 1,276 2.000 Insurance 1,859 2,200 2,023 1,600 Radio Rep. 2,011 1,200 385 1,000 Supplies 3.721 4,000 4,487 4°000 Linen & 02 433 500 491 500 Misc 200 , 100 0 100 Capital Equip 0 2,500 0 1,000 Escrow Amb. 0 7,000 4,500 5,740 14,832 23~200 16,515 19,340 Chief Delmont, The Woodbury Ambulance Council is a Private non profit organization and receives no tax dollars from the city to operate. The above figures were approved by the Ambulance Council 3-6-84 for the vear 1984. We attempt to escrow enough money annually to allow us to replace one of the ambulances every five years. As of this time this has worked very well for us and we do seem to be able to cover costs with the rate chart that we charge from. I have enclosed one for vour convience. If you have any other questions please feel free to call me any time. Gene Johnson Fire Chief MARCH 8, 1 DAKOTA ,Burnsville annroves citw ambul By GARY KUBAT . , BURNSVILLE: - Although the f council chambers were'crowded, there was little audience partici- nation March 5 as council mefnbers debated whether the ci ty s`hould operate its own am- . bulance service. iIn a 41 vote, the council ap- proved a city -operated service to t begin Oct. 1, following the expire- ) tion;of its contract with Divine ! Redeemer. addition to Burnsville, the. contract included the cities•of Ap- s ple Valley, Farmington and La'lcevi ie, with ambulances sta- tkned-at_ The Ridges in Burns= vide and Apple Valley Fire -Sta- tion. • Because Burnsville decided to operate its own service, Divine Redeemer will negotiate with the remaining three cities for a new contract, said Dave Miller,direc• tor of ambulance service. If two ambulances are main- tained in the southern portion of the county; Divine Redeemer: won't be affected, he explained. If, :however, the cities decide to go to one ambulance service (reducing the total number of ambulances Divine • Redeemer operates:from four to three) then layoffs are anticipated. The study of a city -operated ambulance service was authoriz- ed in the fall of 1982 and was diseithed • at length during • was . budgeting process for 1984. When. the budget was adopted last fall, funds for the service were includ- ed, but the final decision was con- . tined for further study.. • Those funds are: capital equip- ment; including two advance life support -equipped ambulances, $180,000; personnel, $66,789; and to be in," Morrison said. There was opposition at first, Turner told her, but now letters of ap- preciation are received weekly. "I'm pleased with the logical, orderly manner in which this has proceeded," said Councilman Daniel McElroy. "I intend to vote for it tonight after much soul- searching: I think it's a good deal for the taxpayers." The city will retain the subsidy operating expenses, $20,850. now paid to Divine Redeemer and :"The council has debated_thi`collect _fees. to_fund theservice:---- long and hard," Mayor Connie The subsidy was expected to in - Morrison told the audience. "I crease from $72,000 to $103,000 in feel the council has been most the new contract for the same diligent." level of service. City Manager James Spore With the city service, one am - reviewed the proposal and its ad- bulance will be housed at the vantages with the audience. police/fire station on Burnhaven Miller made brief clarifying Drive and another at the fire sta- remarks and a few people asked tion on Cliff Road. questions. But there were no Each will be manned by one vehement speeches by anyone paramedic and one emergency either for or against the service, medical technician. Six existing Each council member, how- fire personnel will' be trained as paramedics over the next three years in order to provide two paramedics per rig, which Divine . Redeemer did. In addition, the minimum number of fire fighters per shift will increase from five to seven. Councilman Ken Wolf acknow- ledged there will be some risks and surprises, but added, "I feel we've weighed those risks and I'm comfortable with the p• CoCoun'cilman Richard 'Jacobs also supported a city -opera service. "It appears we have unique opportunity at this time he said, noting the city's full-tizj fire department and the openii of Fairview Ridges Hospital May as two factors. "It seen like something we should ahead with." ever, took time to explain his or her feelings. "I've really had to have this proven to me," Mor- rison said. One of the factors in her decision to support the pro- posal was a visit with Edina Councilwoman Leslie,- Turner. The City of Edina has had a municipal ambulance service since the early 1970s. • • "She told me it's a good place Councilman George Thronso Sul COLI tO61 Burnsvill 4-1 Mond that wool its own The noun to apply Minnesota operate the If the city) bulances city Oct. CITY OF MENDOTA HEIGHTS MEMO March 15, 1984 TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator SUBJECT: Park Commission Request for Joint Meeting The City Council and the Park and Recreation Commission held a joint meeting on January 24, 1984. During that meeting Council gave direction to the Park Commission to look into possibilities for acquisition of the Wachtler property, and in particular, to determine whether we should have a professional parks planner study our need for the property. At its regular meeting of March 13, the Commission discussed the Wachtler property with John Shardlow, a representative of Howard Dahlgren's office. Basically, Howard and John are of the opinion that we have addressed the need for the Wachtler property in the Comprehensive Plan, and that it would be a waste of time and money to study the issue further. Rather, they recommend that we should proceed with plans for acquisition. Since the cost of acquiring and developing the Wachtler property would be extensive, and there are other park development needs in the community, including acquisition and development of the School District site, and completion of the backbone bike trail system, the Commission has raised the question as to whether it is the appropriate time to consider a park bond issue. The Commission is requesting a joint workshop between the Council and the Commission to present their ideas and to solicit your comments and feelings about how the City should proceed with park acquisition at this point. Since it is felt that an hour would be sufficient, I have suggested a meeting at 6:30 P.M., on Tuesday, April 17, immediately preceeding the regular Council meeting scheduled for that evening. RECOMMENDATION I believe the Commission has reached the point in its deliberations where it is imperative that they have further direction from Council as to how they should proceed. Therefore, I would recommend your favorable consideration of their request for the joint meeting. ACTION REQUIRED No formal action is required. If there is a general concensus of the Council to hold the meeting, staff will see that it is scheduled for 6:30 P.M. on Tuesday, April 17th. CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator March 15, 1984 SUBJECT: Proposed Policy on City Financial Participation in Development of Acacia Park (MAC) Property INTRODUCTION The Joint MAC/City Committee on disposition of the Acacia Park property has proceeded to the point where we will be receiving letters of interest from potential developers. In order to respond intelligently to inquiries, I think we need to adopt a policy on the extent on which the City is willing to finan- cially participate in the development. Attached is such a proposed policy. BACKGROUND AND DISCUSSION As Council is well aware., the property has been vacant and in the hands of the Metropolitan Airports Commission for several years. During the past few months, a Joint Disposition Committee, made up of representatives of MAC and the City, have been meeting to take steps necessary to get the property ready for sale, so that an appropriate type of development can take place on the property, and it can once again begin to generate taxes for the community. The Committee has been successful in seeing that the Safety Zoning Ordinance, recently adopted for Wold Chamberlain field, included provisions that will make it possible to develop this property with close to normal zoning restrictions. This will make it much more attractive to potential developers. At this point, the Committee has proceeded to the point where we will. be receiving letters of -interest from developers who may have a potential interest and want further information. MAC has authorized Howard Dahlgren Associates to prepare an informational brochure advertising the property, and soliciting those letters of interest. Included in that brochure is a statement that contact can be made with the City of Mendota Heights City Administrator for.further information concerning possible City participation through industrial revenue bonding or tax increment financing. Therefore, I think it is important that I get some clear direction from Council as to just what we will be willing to do so that I will not mislead people in believing they can expect City financial assistance that the Council may not be willing to support at a later date. PROPOSED POLICY Attached for your information is a proposed brief policy statement. If adopted by Council, this policy statement will be the basis of any comments I would make to potential developers, and would be sent to them upon request. - 2 - It also would likely be used in further informational material about the MAC property site. As you will see, the statement is general in nature. It gives recognition to the fact that some level of public subsidy will probably be needed to make this a financially viable site for the type of development we want to see. It also indicates that, in general, we would be willing to sell industrial develop- ment bonds, to the extent allowable under federal and state law. Since the sale of IDB`s has no direct financial implications for the City, there would be little reason not to offer this service to the developer. The more important policy issue is the level of subsidy we are willing to provide out of our tax increment district. While it is tempting to think of a tax increment as "free" money, there is a cost associated, that being the lost revenue to the general coffers of the City, School District and County, during the period in which the tax increment is diverted to payment of the tax increment bonds. For those who may not be familiar with the concept of tax increment financing, the policy provides a brief statement. It also identifies some potential uses of the,tax increment for the project area. The thinking behind each of these is as follows: 1. Special assessments - One of the easiest uses of a tax increment district is to underwrite the cost of public improvement projects to the subject property. This is a very direct form of subsidy, which reduces or eliminates special assessments. It would probably make the site more attractive if we could guarantee that assessments would not exceed some predetermined figure. A logical figure would be in the $9,000 to $10,000 per acre range, which is similar to the assessments being charged against the United Properties Business Park. 2. Site preparation - A public authority can also use the tax increment to correct soil deficiencies or other site problems which make it difficult or unusually expensive for development on the site. This then makes the property competitive with other sites which do not have such problems. 3. Recognition of unusual construction costs -.The noise contours zoning and practicality are going to mandate that most uses on this site have some type of noise attenuation features built into the construction. Needless -to -say, this will make construction more expensive. It might be possible for the tax increment district to provde a direct payment to the contractor for the extra construction costs associated with noise attenuation, or those costs could be recaptured through write- down of assessments, site preparations, etc. 4. Preparation of adjoining properties - This is one to which the Council may want to pay particular attention. The Mulvihill area, which has five homes on it, has been rezoned industrial, and identified in the tax increment plan as an area for redevelopment. If we were to obtain an attractive proposal for a very.large scale development, which would need this property in addition to the MAC property, the tax increment district could pay the costs of acquiring the homes, relocating the residents, and preparing the site for development. It is particularly - 3 - important that Council make a determination as to whether it would be willing to get into this relocation and redevelopment business for a sufficiently desireable project. In general, this section on tax increment financing does not offer anything specific, but does extend to the potential developer an invitation to tell us what he feels he needs to make the project financially feasible. It would then be up to us to accept, reject or negotiate for modification of those requests. EVALUATION CRITERIA The proposed policy ends with a very brief statement of the City's two basic objectives in redevelopment of this property, and states that our willingness to consider any public subsidy request will be considered in light of the extent to which the proposed project contributes to our objectives. SUMMARY In summary, what this policy statement does is tell the potential developer that the City of Mendota Heights recognizes some level of public subsidy may be necessary for a financially feasible project. It further states that the City is prepared to participate in that public subsidy, but does not make any specific dollar committment. Rather, it invites the developer to make his own request, and indicates that the City's favorable consideration of that request will depend upon the extent to which the proposed development contributes to our objectives of having a high quality project that is an asset to the community, and makes a strong positive contribution to our tax base. ACTION REQUIRED If Council concurs with the suggested policy, it should make a motion adopting the POLICY ON CITY FINANCIAL PARTICIPATION IN DEVELOPMENT OF ACACIA PARK PROPERTY, as proposed by the City Administrator. Respectfully submitted, Kevin D. Frazell City Administrator attachments CITY OF MENDOTA HEIGHTS, MINNESOTA POLICY ON CITY FINANCIAL PARTICIPATION IN DEVELOPMENT OF ACACIA PARK PROPERTY INTRODUCTION In offering the 61 acre Acacia Park land for sale, the Metropolitan Airports Commission and the City of Mendota Heights are eager to see the property developed at its highest and best use, consistent with operational integrity of the airport and with the Comprehensive Plan of the City. It is recognized that, in order to achieve that objective, some level of public fin- ancial assistance may be necessary. INDUSTRIAL DEVELOPMENT BONDS The City is prepared to participate in the issuance of Industrial Development Bonds (IDB's), provided this financial vehicle is allowable under federal and state laws at the proposed date of issuance. This would provide financing at a tax-exempt bonds rate. TAX INCREMENT FINANCING In addition, the parcel in question, plus some surrounding industrial property is located in City of Mendota Heights Tax Increment District No. 1, which was created by the City Council in May, 1981. Under the tax increment approach, the City Could issue municipal bonds to finance certain public improvements and site preparation work, which would otherwise be paid by the developer. The additional taxes generated by the development, that is the "tax increment", are then diver- ted for a period of time from their usual public purposes to the payment of principle and interest on the bonds. Potential uses of the tax increment would include: 1. Capping at a pre -determined level, or possibly eliminating, special assessments for public improvements. 2. Performing unusual site preparation that may be required by the terrain. 3. Some method of financial recognition or compensation for any other unusual construction costs associated with this particular site. 4. Acquisition, relocation, and preparation of adjoining properties that may be required for a large scale development. Formal development proposals submitted to the MAC/Mendota Heights Joint Dis- position Committee may include a request for public subsidy, as outlined above. The proposal should be as specific as possible in such request. EVALUATION CRITERIA ,.,The City has two basic objectives in redevelopment of this property: 1. To attract a development consistent with community goals of a high- quality, attractive business and industrial park. 2. To return the property to private ownership with development that will make a strong contribution to the community tax base. The level of public subsidy requested in the development proposal will be considered by the City to the extent the proposed project contributes to those two` objectives. CITY OF MENDOTA HEIGHTS MEMO March 15, 1984 TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator SUBJECT: Documents for Purchase of Warnke Property We had expected to have the documents for the purchase of the Warnke property before Council at the meeting of March 6th. Unfortunately, they got lost in the mail. While they were sent out from the City Attorney's office on February 29th, they were not received at our office until Monday, March 12th. Attached are copies of the documents which require Council approval for execution. They are: 1. Agreement - providing the terms and conditions under which Herbert Warnke will be allowed to remain in the residential property. 2. Purchase Agreement - providing terms and conditions of the sale of the property, with the attached promissory note providing terms of the financial transaction. RECOMMENDATION These documents have been derived after many hours of meetings and negotiations between our attorney, Tom Hart, and legal counsel for the Warnkes. I believe that they address the concerns which have previously been raised by Council. Therefore, the documents are recommended for Council approval. Tom will be present to answer any questions Council may have. ACTION REQUIRED If Council concurs with the staff recommendation,'it should pass a motion approving the agreement between the City of Mendota Heights and Herbert Warnke, and the sales agreement and promissory note between the City of Mendota Heights, and Venita and Herbert Warnke. attachments Respectfully submitted, et!~ Kevin D. Frazell City Administrator PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into as of this day of February, 1984, by and between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the "City") and VENITA WARNKE, a single person (the fee title owner) and HERBERT WARNKE (life tenant), hereinafter referred to as "Warnkes". 1. Subject to the terms and conditions hereinafter set forth, Warnkes agree to sell to the City and the City agrees to purchase from Warnkes, all that certain real property legally described on Exhibit A attached hereto and incorporated herein, and any and all improvements located thereon (the "Property"). 2. The purchase price for the Property shall be Fifty Six Thousand and 00/100 Dollars ($56,000.00), which shall be payable as follows: (i) One Thousand and 00/100 Dollars ($1,000.00), the receipt whereof is hereby acknowledged; (ii) Seventeen Thousand Six Hundred Sixty Six and 67/100 Dollars ($17,666.67) in cash at the time of closing; and (iii) the balance of Thirty Seven Thousand Three Hundred Thirty Three and 33/100 Dollars ($37,333.33) pursuant to a Promissory Note in the form attached hereto and incorporated herein as Exhibit B. 3. Within a reasonable time after execution hereof by Warnkes, Warnkes shall, at their expense, furnish an Abstract of Title or Registered property Abstract certified to date which shall include proper searches covering bankruptcies, state and federal tax liens and judgments. The City shall be allowed twenty (20) days after receipt thereof for examination of said title and the making of any objec— tions thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Warnke shall be allowed to correct any title defects for a period of one hundred twenty (120) days after receipt of said objections, and pending such correction, the closing hereunder shall be postponed, but upon correction of such title defects and within ten (10) days after written notice of such correction given by Warnkes to City, Warnkes and City shall perform this Agreement according to its terms. If said title is not marketable and is not made so within one hundred twenty (120) days from the date of written objections thereto as above provided, this Agreement shall be null and void, at option of Warnkes and neither party shall be liable for damages hereunder to the other. All money theretofore paid by the City shall be refunded. If the title be found marketable or be so made within said time, the City shall default in any of the agreements contained in this agreement and continue in default for a period of ten (10) days, then and in that case Warnkes may terminate this Agreement and on such termination any payments made under this Agreement shall be retained by Warnkes as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right to enforce the specific performance of this Agreement provided such Agreement shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six (6) months after such right of action shall arise. 4. Warnkes shall pay all real estate taxes and installments of special assessments due and payable in calendar year 1983 and prior. years. Real estate taxes and installments of special assessments due and payable in calendar year 1984 shall be prorated as of the date of closing on a calendar year basis. The City shall pay all real estate taxs and installments of special assessments due and payable in calendar year 19810and thereafter, except as might otherwise be agreed upon by the City and Herbert Warnke. 5. The City agrees to provide to Warnke reasonable access to the Residential Structures, in such4locations as the City shall from time to time determine. 6. At all times prior to the termination of Warnke's right to possession and use of the Residential Structures, the City shall be entitled to utilize all portions of the Property, other than the Residential Structures, in connection with the construction, maintenance, and use of a fire station and related facilities to be located on the Property. Notwithstanding the foregoing to the contrary, the City and Warnke contemplate that those portions of the subject property outlined in green on Exhibit B hereto, will be used primarily by Warnke for residential purposes in connection with his use of the Residential Structures, and the City shall not unrea— sonably interfere with such use by Warnke except in the case of emergency. 7. The City shall obtain and keep in force, at the City's expense, at all time prior to the termination of Warnke's right to possession and use of the Residential Structures, the following insurance covering the Residential Structures: y` (a) fire and extended peril coverage on the basis of not less than full market value of the Residential Structures, and (b) comprehensive general liability insurance with minimum limits of liability for bodily injury of $300,000.00 for each person, $500,000.00 for each accident or occurrence, and, in respect to property damage, $100,000.00 for each occurrence. Said policies shall name the City and Warnke each as named insured, shall contain a broad form hold harmless endorsement identifying the City and shall provide for allowance of complete waiver of subrogation. 8. If at any time during the term hereon, a portion of the Residential Structures comprising less than 30% of the number of square feet contained therein is damaged, destroyed or otherwise rendered uninhabitable by fire or other casualty insurable under the standard fire and extended peril coverage policy referenced above, the City shall, at Warnke's option, make available to Warnke for purposes of repairing and restoring the Residential Structures, any proceeds of insurance necessary to cause such restoration or repair, subject to (i) the City's approval of the plans and specifications relating thereto and (ii) the issuance of all necessary consents and permits in connection therewith. The City will cooperate with Warnke in connection with the filing of any claim for damages with the- "insurer he"insurer relating to such casualty. 9. If, during the term hereof, 30% or more of the number of square feet contained in the Residential Structures is damaged, destroyed or other— wise rendered uninhabitable by fire or other casualty insurable under the standard fire and extended peril coverage policy referenced above, this Agreement shall, at the City's option, terminate, whereupon Warnke shall vacate the Property within sixty (60) days thereafter. Upon such termina— tion, Warnke shall be entitled to receive, as his share of any insurance proceeds payable as a result of said casualty and in full settlement of any amounts due Warnke hereunder, an amount equal to the then fair rental value of the Residential Structures over a term of eighteen (18) months. The balance of any insurance proceeds payable as a result of said casualty shall be retained by and be the sole property of the City. —2— 10. Warnke shall be solely responsible for obtaining and keeping in force, at Warnke's sole cost and expense, such insurance as shall be deemed necessary or advisable by Warnke covering the contents of the Residential Structures, and all other personal property of Warnke located on the Property. 11. Warnke shall pay all real estate taxes against the Property (asshown on Exhibit B outlined in green) in a timely manner and before penalty attaches thereof, which may be due and payable at any time prior to the termination of Warnke's right to use and possession of the Residential Structures. 12. Warnke shall be solely responsible for all maintenance of the Residential Structures, including without limitation any and all repairs thereof as may become necessary from time to time. Except as otherwise required or authorized by statute, ordinance or other applicable law, the City shall not require Warnke to make any repairs to the Residential Structures which relate solely to the aesthetic condition of the Residential Structures. 13. The City shall keep the subject property reasonably free and clear of snow and ice in the winter months. 14. Warnke shall timely pay all charges for electricity, heat, air conditioning, water, gas, fuel, telephone, sewage useage or rental, refuse removal, and any other utility service furnished to the Residential Structure or other— wise used by Warnke during the term of this Agreement. 15. The rights being granted to Warnke hereunder are nontransferable, and any attempted transfer, assignment or other conveyance thereof shall be null and void. Specifically, but not exclusively, Warnke shall not lease or sublease the Residential Structures, or any portion thereof, to any third party during term hereof. 16. The rights of Warnke hereunder shall be contingent upon the closing of the purchase of the Property and the Residential Structures by the City from Venita Warnke, pursuant to the Purchase Agreement. In the event that said purchase shall for any reason whatsoever, fail to be consummated, this Agreement shall be null and void. 17. This Agreement shall be subject to, governed by, and interpreted in accordance with the laws of the State of Minnesota. 18. This Agreement, including the Exhibits attached hereto, contains the entire agreement of the parties. It may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement effective as of the date and year first above written. ATTEST: City Clerk HERBERT WARNKE CITY OF MENDOTA HEIGHTS By Mayor AGREEMENT This Agreement is made and entered into as of this day of February 1984, by and between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corpora- tion (the "City") and HERBERT WARNKE, a single man ("Warnke"). Recitals: WHEREAS, the City has entered into a Purchase Agreement (the "Purchase Agreement") dated February , 1983 pursuant to which the City has agreed to purchase from Venita Warnke certain real property legally described on Exhibit A attached hereto and incorporated herein and commonly known as 2107 Dodd Road, Mendota Heights, Minnesota (the "Property"); and WHEREAS, the closing of the proposed purchase of the Property pursuant to the Purchase Agreement is contingent upon the City entering into an Agreement with Warnke pursuant to which Warnke is granted the right to continued possession and use of the existing residential structures on the Property; and WHEREAS, the City intends to make certain improvements to the Property, including without limitation the construction of a fire station and related facilities thereon; and WHEREAS, the City is willing to grant to Warnke the continued right to possession and use of the existing structures on the Property subsequent to the consummation of the City's purchase of the Property on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the Recitals, which are hereby made a part hereof, and further in consideration of the mutual promises contained herein, it is hereby agreed as follows: 1. City hereby grants to Warnke the right to possess and use those certain existing residential structures located on the Property which are outlined in red on Exhibit B hereto (collectively the "Residential Structures"). 2. Warnke's right to possession and use of the Residential Structures shall terminate upon the earlier of: (i) the death of Warnke, or (ii) the failure of Warnke, for any period of twelve (12) consecutive calendar months, to maintain his residence in the Residential Structures. 3. If this Agreement is still in force at the time of Warnke's death, Warnke's heirs shall have access to the Residential Structures for a period of up to six (6) months thereafter for the purpose of disposing of Warnke's personal property then located on the Property. 4. Warnke shall use the Residential Structures during the term of this Agreement for residential purposes only. 5. If any of the existing structures on the Property, or any significant part thereof, shall be damaged or destroyed by fire or any other casualty at any time prior to closing, the City shall have the option, exercisable by written notice to Warnkes within thirty (30) days after such fire or other casualty, to terminate this Purchase Agreement, in which case all money paid by the City to Warnkes hereunder shall be promptly refunded. 6. Warnkes' obligations hereunder are conditioned upon the execution by the City and Herbert Warnke of an agreement at or prior to the time of closing pursuant to which the City shall grant to Herbert Warnke the continued right to use and possess certain residential structures currently located on the Property, upon such terms and conditions as shall be acceptable to said Herbert Warnke. 7. Subject to all of the terms and conditions of this Purchase Agreement having been complied with, the closing of the transactions contemplated hereby shall occur no later. than 30 days from the date hereof in the offices of the City, or at such earlier time, date and place as the parties hereto shall agree in writing. Possession of the Property shall be transferred by Warnkes to the City as of the date of closing. At closing, Warnkes shall deliver to the City a Warranty Deed conveying good and marketable fee simple title to the Property to the City, subject only to such charges, liens, encumbrances as shall be acceptable to the City. 8. This Purchase Agreement shall be binding upon and shall inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement as of the date and year first above written. Venita Warnke Herbert Warnke CITY OF MENDOTA HEIGHTS By Mayor ATTEST: Its City Clerk `EXHIBIT B PROMISSORY NOTE $37,333.33 Mendota Heights, Minnesota , 1984 1. FOR VALUE RECEIVED, the City of Mendota Heights, a Minnesota municipal corporation (the "City") hereby promises to pay to the order of Venita Warnke ("Holder"), the principal sum of Thirty Seven Thousand Three Hundred Thirty - Three and 33/100 Dollars ($37,333.33) in lawful money of the United States, together with interest on the unpaid balance accruing as of the date hereof at the rate of eight percent (8%) per annum. 2. The unpaid principal balance of this Promissory Note shall be paid as follows: ay (a) the sum of $18,666.67, due and payable , 1985; and (b) the remaining unpaid principal balance shall be due and payable in full on , 1986. 3. Accrued interest shall be paid annually on the day of of each calendar year so long as any portion of principal remains outstanding. 4. Upon the failure of the City to pay any amount due hereunder within ten (10) days after the same shall fall due, Holder may at her option declare, by written notice to the City, the outstanding principal balance plus unpaid interest accrued thereon due and payable in full. 5. Payments hereunder shall be made to Venita Warnke at 600 Park Street St. Paul , Minnesota or at such other place as Holder shall designate in writing. 6. This Promissory Note shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. Demand, presentment, protest and notice of nonpayment and dishonor of this Promissory Note are hereby waived. CITY OF MENDOTA HEIGHTS ATTEST: By Its Mayor Its City Clerk CITY OF MENDOTA HEIGHTS MEMO March 15, 1984 TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator SUBJECT: Purchase Agreement for Perkegwin Property Attached is a letter and proposed Purchase Agreement from our legal counsel, Paul Hauge, with regard to the purchase of the Perkegwin property necessary for construction of the fire station. As you will notice, the two stipulations as requested by Perkegwin have been included in the Purchase Agreement. Those are: 1. Conveyance of the subject property shall not alter the density permitted on the balance of the adjacent property within the Planned Unit develop- ment proposed by Perkegwin. 2. The City agrees that it shall not use the land proposed for park purposes in the adjacent PUD for organized ball field or fields until all of the land within such planned development is substantially developed or sold as subdivided property. I believe that it is Perkegwin's intention that the property should be substantially developed and sold as subdivided property, prior to the time that the City would develop any ballfields•Therefore, in approving this agreement, Council should grant authority to the staff to initial that change in the Purchase Agreement if requested by Perkegwin. RECOMMENDATION The Purchase Agreement, as proposed, addresses Perkegwin's concerns, and its execution will enable us to proceed with the land acquisition. Therefore approval of the Agreement is recommnded. ACTION REQUIRED If the proposed Agreement meets with Council approval, it should pass a motion approving the proposed Purchase Agreement and authorizing the Mayor and City Clerk -to sign the document, including initialling a change indicating that the proposed adjacent development by Perkegwin will be substantially developed and sold as subdivided property prior to development of the ballfields, if requested by Perkegwin. Respectfuljy submitted, Kevin D. Frazell, City Administrator attachment hgve HAUGE, SMITH, EIDE & KELLER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH , KEVIN W. EIDE ,G. KELLER Mr. Kevin D. Frazell City Administrator CITY OF MENDOTA HEIGHTS 750 South Plaza Drive Mendota Heights, MN 55120 March 12, 1984 RE: CITY OF MENDOTA HEIGHTS - PERKEGWIN INVESTMENT COMPANY Dear Kevin: .84 AREA CODE 612 TELEPHONE 454.4224 After talking with you on March 8th, I called Sherman Winthrop and we mutually agreed it would be advisable to have a Purchase Agreement signed between the parties to the land purchase covering the Perkegwin property by the City. I am enclosing a proposed Purchase Agreement and you will note that I have pro- vided for the seller to pay all real estate taxes in 1984 together with any outstanding special assessments pending or levied. In addition, it appears that the sellers do not have a Certificate of Survey which I would think would be advisable, but am not certain whether that cost was anticipated by the sellers during the negotiating process. As to park and density issues, you may want to read that wording carefully,,, also as I do not have a copy of the minutes of the Council's understanding regarding those two issues. I have also suggested $200 earnest money simply as a legal technicality that there be consideration, although I understand that the closing may take place fairly soon. Please call if you have questions or would like to have revisions. Very truly yours, au PHH:me enc. auge CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Ad(10trt'or FROM: James E. Danielson Public Works Director SUBJECT: Cooperative Construction Agreement No. 61825 with Mn/DOT NE Quandrant of TH 494 and 149 Intersection Job Nos. 8317A & 8317B Improvement Nos. 83-7A and 83-7B DISCUSSION: March 14, 1984 Mn/DOT is unable to amend the Cooperative agreement that provides for the trunk watermain construction and Mendota Heights Road widening east of T.H. 149 before the bid letting on April 6, 1984. They are therefore requesting that the City approve the originally proposed agreement with the understanding that an amendment will be processed before our first payment is due. RECOMMENDATION: Staff recommends Council approve Cooperative Construction Agree- ment 61825 in advance of receiving the agreed upon amendment. ACTION REQUIRED: Should Council concur with the Staff recommendation they should pass a motion adopting Resolution No. 84-14, Approving State of Minne- sota, Department of Transportation Agreement No. 61825. ,7o 40 ESO7� Minnesota Department of Transportation District 9 :3485 Hadley Avenue North, Box 2050 North St. Paul, Minnesota 55109 March 14, 1984 Mr. James E. Danielson, P.E. Public Works Director City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mr. Danielson: Telephone SUBJECT: S. P. 1985-76 (TH 494=393) COOPERATIVE CONSTRUCTION AGREEMENT NO. 61825 N.E. QUADRANT OF TH 494 AND 49 INTERSECTION 779-1178 Regarding your letter of February 23, 1984 whereby your requested that the City of Mendota Heights be allowed to pay the cost of the above referenced cooperative agreement in a pre -determined schedule of payments - the following events have occurred. 1. We submitted a request to our Central Office to allow Mendota Heights to change their method of payment for Cooperative Agreement No. 61825 from a lump sum to the following: May, 1984 $40,000 August, 1984 $46,000 November, 1984 $46,000 February, 1985 $46,000 May, 1985 $46,000 August, 1985' $Balance 2. The above mentioned request was approved by Mn/DOT's Assistant Commissioner and the City's method of payment will reflect this in a supplement to Agreement No. 61825. 3. This project has been scheduled for an April 6, 1984 letting date and because of a heavy workload the supplement reflecting the City's change in its method of payment cannot be written until approximately three to four weeks after the letting date. At that time the supplement will reflect the actual bid prices on this contract. I,, Equal Opportunity Employer Mr. James E. Danielson, P.E. Page two March 14, 1984 Since the supplement cannot be completed until after the April 6, 1984 letting date it is imperative that the City execute the original agreement (which is now in their possession) and return to this office so the April 6, 1984 letting date can be met as scheduled. When the supplement is completed we will contact the City so it can be executed prior to the City's first $40,000.00 installment. We wish to thank you for your cooperation in this matter and if you have any further questions or we can be of any further assistance, feel free to contact Mr. Gary Orlich, Acting Assistant Distirct Engineer, at 770-1174. Sincerely, Kermit K. McRae, P.E. District Engineer CITY OF MENDOTA HEIGHTS MEMO March 9, 1984 //(740 -- TO: Mayor, City Council and City A inisetrator FROM: James E. Danielson Public Works Director SUBJECT: Regional Mutual Aid Association DISCUSSION: The Minnesota American Public Works Association is putting together a regional mutual aid association to augment the civil defense readiness posture in the Metro area. This agrement is very similar to police and fire mutual aid agreements. I have attached a copy of the agreement that the City would need to execute inorder to join the association Any aid given would still be totally on a volunteer basis with no one being required to provide either manpower or equipment unless they choose to do so. It would just eliminate red tape and allow for faster action in times of emergency. RECOMMENDATION: Staff feels that joining this association would be a very wise step toward being prepared for natural disasters. ACTION REQUIRED: If Council wishes to implement the Staff recommendation to join the Mutual Aid Association it should pass a motion to adopt Resolution No. 84- A Resolution Authorizing Joint And Cooperative Agreement For Use Of Personnel And Equipment - Regional Mutual Aid Association. JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION I. PURPOSE The City/County recognizes that it has authority pursuant to the provisions of the Joint Exercise of Powers Act, Sec. 471.59, Minnesota Statutes, to enter into an agreement to jointly and cooperatively exercise a power common to each of the con- tracting powers, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ing to utilization of resources to counteract natural and man made disasters common to all communities, together with power and authority to implement such services as set forth. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party to this Agreement. Subd. 2. "Eligible party" means a.governmental or corporation unit which is entitled to become a party to this Agreement, at its own option. Subd. 3. "Requesting party" means a party which requests assistance from other parties. Subd. 4. "Responding party" means a party which provides assistance to a re- questing party. Subd. 5. "Assistance" includes personnel, materials and equipment. Subd. 6. "Requesting official" means the person who has been designated by the requesting party to request assistance from other parties. Subd. 7. "Responding official" means the person who has been designated by a party to determine whether and to what extent that party should provide assistance to a requesting party. Subd. 8. "Emergency" means a sudden and unforeseen situation requiring immediate action beyond the requesting partys' capability. III. PARTIES Subd. 1. The parties to this Agreement shall consist of the members of the Re- gional Mutual Aid Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to- gether with a certified copy of the resolution authorizing the Agreement. Subd. 2. The Secretary of the Regional Mutual Aid Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties to this Agreement, he shall notify the designated responding official of each of the parties of such change. Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall submit a list of their equipment to the Association Secretary. This equipment list shall be updated annually and submitted to the Association Secretary by December 31st of each year. Subd. 4. The Association Secretary shall distribute the equipment lists to all members. An equipment addendum sheet shall be distributed to all member parties by January 30th of each year. IV. PROCEDURE Subd. 1. Each party shall designate, and keep on file with the Secretary of the Regional Mutual Aid Association the name of the person of that party who shall be its requesting official and responding official. A party may designate alternate officials to act in the absence of the primary official,. Subd. 2. Whenever, in the opinion of a requesting official of a party, there is a need for assistance from other parties to assist the requesting party, such re- questing official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting party necessary or requested personnel, materials, and equipment (without undue delay.) Subd. 3. Upon the receipt of a request for assistance from a party, the respond- ing official for any other party may authorize and direct the personnel of the res- ponding party to provide assistance to the requesting party. Whether the responding party shall provide such assistance to the requesting party and, if so, to what ex- tent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed.) Failure to provide assistance will not result in liability to a party. Subd. 4. When a responding party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties as "backup" during the time that it is providing assistance outside its boundaries. Subd. party, the thereof to this is in Subd. ing party, 5. Whenever a responding party has provided assistance to a requesting responding official may at any time recall such assistance or any part the responding party, if the responding official in his best judgment deems the best interest of his own agency. 6. When a responding party supplies equipment and personnel to a request - said equipment and personnel shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. However, the res- ponding party shall undertake to coordinate with the requesting party the assistance which it provides. The requesting party shall provide all routine fueling and servic- ing of respondents equipment, materials, and assume all costs thereof during the assistance period. -2- Subd. 7. A responding party shall be responsible for its own personnel, equipment and materials and for injuries or death to any personnel or damage to any such equipment or materials, except that unused equipment and materials pro- vided by the responding party shall be returned to the responding party by the requesting party when circumstances permit this to be done. The requesting and responding parties may review any equipment repaired to determine if such repair was directly related to the emergency operation. If mutually agreed that repairs are required, they shall be the responsibility of the requesting party. Any dis- agreement which cannot be resolved by the responding and requesting parties should be resolved by a committee established from the Regional Mutual Aid Association. Subd. 8. The responding party shall maintain such records of the cost of labor, equipment and materials provided; and hours of work or operation as deemed necessary for recovery of costs in the event the incident becomes eligible for Federal or State Disaster Assistance. If declared eligible, these costs shall then be reimbursed by the requesting party in full or in a prorate share of assistance provided. Subd. 9. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party. Nor shall the responding party be responsible for injuries, losses or damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. Subd. 10. Technical service and assistance of non -emergency nature may be requested and/or provided by the parties to this Agreement. V. INSURANCE Each party to this Agreement shall maintain insurance policies covering per- sonal and public liability in the amount of not less than $300,000 for each of the above mentioned risks and Worker's Compensation for its personnel. Said policies shall cover damage or injury caused by negligent operation of its vehicles while operating under the terms of this Agreement outside of its corporate limits or contract areas. Each member shall furnish the association with a Certificate of Insurance on the policies in force, or letter stating self insurance at said limits. VI. WITHDRAWAL AND TERMINATION Any party may withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association; such a party may become a party if later entering into this Agreement. The Secretary of the Regional Mutual Aid Association shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. -3- VII. EFFECTIVE DATE This Agreement shall become effective on WITNESS WHEREOF, the undersigned, on behalf of have executed this Agreement pursuant to of 198 . REGIONAL MUTUAL AID ASSOCIATION By: President By: Secretary Date: COUNTY OF ATTEST: IN their governmental unit, authorization by the on the day of CITY OF BY: Mayor Date: RECOMMENDED BY: By: City Manager/Clerk By: By: Chairman of County Board Date: REX 4ENDED BY: By: County Engineer Director of Public Works/City Eng. -9 .e. APPRWED AS '10 EXECUTION BY: County/City Attorney Date: Date: CONSTITUTION AND BY-LAWS OF THE REGIONAL MUTUAL AlD ASSOCIATION ARTICLE I Name and Purpose Sec. I This organization shall be known as "The Regional Mutual Aid Association". Sec. II The purpose of membership in this association shall be to assist one another in an emergency, to exchange ideas of equipment and methods of dealing with emergencies, and to protect the lives and property of our respective areas in the case of any emergency or disaster. ARTICLE II Membership Sec. I Membership in this association shall refer to public works departments, or its equivalent department. Sec. II Any public works department in the area that can be of reciprocal service to the other members of said organization, and are from incorporated Villages, Cities, or Counties, and are approved by a simple majority of the membership shall be eligible for membership in this association. Sec. III The following shall be known as members of this association as of January 1, • ARTICLE III Dues Sec. I Each department shall pay an annual membership fee of $10.00 per year, which shall be due and payable on January 31 of each year. ARTICLE IV Officers Sec. I The officers of the association shall be President, Vice President and a Secretary -Treasurer, and shall constitute the executive committee. Sec. II The President shall have the following duties: To call all regular and special meetings; to preside and preserve order at all meetings; to appoint committees; to see that subordinate officers execute the obligations and duties of their respective offices to the best of their ability. Sec. III The Vice President shall have the following duties: To assist the President in the discharge of his regular duties, and in the event of the absence of the President, to assume the duties of President. Sec. IV The Secretary -Treasurer shall have the following duties: To call roll; to keep a record of all proceedings of the association; to collect all dues and other monies due the association; to pay out said monies on the order of the association; and to send notices of all regular and special meetings of the association. The Secretary shall make an itemized report of all income and expenses to be presented at the first regular meeting of each year. In addition, the Secretary shall maintain a current list of all members in the association and shall maintain an up-to-date list of members' equipment which shall be distributed to members on an annual basis. ARTICLE V Meetings Sec. I The regular meeting of the association shall be held in November of each year. The time and location will be determined by the executive committee. Sec. II Special meetings shall be called by the President with at least seven days written notice to the membership. Sec. III A simple majority of the membership shall constitute a quorum. Sec. IV The Roberts Rules of Order shall govern. Sec. V Each member shall have one vote. ARTICLE VI Elections Sec. I The election of officers shall be held at the regular meeting of each year. This election shall be by secret ballot. Sec. II The officers•of the association shall be elected for a term of two years. Sec. III In the event of a vacancy occuring in the office of the president, the vice president will succeed to that office. The president will appoint replacement officers for all vacancies. ARTICLE VII Committees Sec. I The association shall have the following annual committees: Executive; Film and Training Aids, and Safety. Sec. II Any committee shall have the authority to request assistance from any members of the association. Sec. III It shall be the duty of the Executive Committee to handle all matters that pertain to state legislation on matters of importance to the association. Sec. IV It shall be the duty of the Film and Training Aids Committee to preview all new equipment training films and training aids and make recommendations to the association regarding purchase. This committee may be charged with maintaining a film and training aid library and schedule the use by members only. Sec. V It shall be the duty of the Safety Committee to keep all members advised of new safety practices and equipment. ARTICLE VIII Amendment and Dissolution Sec. I No amendment shall be made to these By -Laws unless proposed at the regular meeting in writing. Sec. II An amendment requires a two-thirds majority vote of the entire membership for acceptance. Sec. III This association may be disbanded by a three-fourths vote of the entire membership of the association, and a published or served notice shall be given to all members for that purpose at least one month before such a vote shall be taken. RESOLUTION NO. A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT - REGIONAL MUTUAL AID ASSOCIATION BE IT RESOLVED by the City/County of , as follows: WHEREAS, the City/County of desires to become a member of the Regional Mutual Aid Association and its (Title of Representative) is its authorized representative, and; (Title of Alternative Representative) its alternative representative, and; WHEREAS, a mutual need exists between members of the Regional Mutual Aid Association to share and'assist one another in the areas of emergency, disaster control, and mitigation, and; WHEREAS, the City/County of considers it to be in the best interests of the City/County to enter into a mutual agreement with the other members of the Regional Mutual Aid Association. NOW, THEREFORE, BE IT mama), that the City/County of enter. into agreement with the Regional Mutual Aid Association and hereby authorizes its (Title of Representative) to represent the City/County of in this association and the is authorized to sign said agreement in behalf of said City/County of . PASSED AND ADOPTED BY THE CITY/COUNTY OF THIS DAY OF , 19_. ATTEST: No. 15171 MILLER-DAVIS Co. Minneapolis RECEIVED OF PURCHASE AGREEMENT Mendota Heights CITY OF MENDOTA HEIGHTS Minn., WHITE --Office Copy YELLOW—Buyer's Copy GREEN—Seller's Copy PINK—Buyer's Receipt March 19 84 the sum of Two Hundred and no/10Q check ($200..0O ) DOLLARS as earnest money and in part payment for the purchase of property at (Check, Cash, to be deposited upon acceptance, or Note — State Which) County of Dakota • situated in the , State of Minnesota, and legally described as follows, to -wit: (SEE ATTACHED LEGAL DESCRIPTION) including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with'any burners, tanks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: N/A all of which property the undersigned has this day sold to the buyer for the sum of: T which the buyer agrees ro pay in the following manner: _—($..2.7.,.50O...Q0..) DOLLARS, ore Earnest money herein paid $ 200.00 and $..2.7.,.30Q.r.00.., cash, on /APT closing. The conveyance of the above described property to the City shall not alter the density permitted for the balance of the adjacent property within the Planned Development, owned by Perkegwin Investment Company. The City agrees that it shall not use the land proposed for park purposes in the adja- cent Planned Development owned by Perkegwin Investment Company for organized ball fielc or fields until all of the land within such Planned Development is substantially devel- oped or sold as subdivided property. Seller shall pay in full all special assessments, both pending and levied, against the property. Seller shall pay all real estate taxes due in the year 1984. Subject to performance by the buyer the seller agrees to execute and deliver a Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to Tenancies) The buyer shall pay the real estate taxes due in the year 1S5 and any unpaid installments of special assessments payable therewith and thereafter. Seller warrants that real estate taxes due in the year 1935 will be non homestead classification (full, partial or non-homestead—stare which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, are entirely within rhe boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING. The seller further agrees ro deliver possession not later than .da.te...of...clo.sing provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of date. ..o.f-closing • The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer, the parries shall perform this agreement according to its terms. If said title is not marketable and is nor made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money Theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate tltis.contract-and on such termination all the payments made upon This contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not:deptWe eit1iet a'i`ry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and providedaction to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the under- signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at the office of: >IAJ.G.l♦,...SMITH.,..EIDE...&.KELLER,. P.,A.. 3908 Hwy. 1113, Eagan,. MN 55122 I, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. PERKEGWIN INVESTMENT COMPANY (SEAL) Seller Seller Partner (SEAL) By Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. CITY OF MENDOTA HEIGHTS by: Robert C. Lockwooyer its Mayor and: (SEAL) (SEAL) Kathleen M. Swanits Clerk rt. 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