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1984-05-15
CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA MAY 15, 1984 - 7:30 P.M. 1. Call to Order. 2. Roll Call. GtX.0 3. Adoption ;f�Adap,,, ,/�4. Approval of Minutes,,May 1S, 1984. — 5. Consent Calendar: , 14 a. Acknowledgement of Fire Department monthly report for April. b. Acknowledgement of Treasurer's monthly report for April. c. Approval of the List of Claims. d. Approval of the List of Contractor's Licenses. if e. Approval of the List of On -Sale and Off -Sale Liquor Licenses. .? End of Consent Calendar.6. Public Comments. — y� 7 tU' Olt 7. Bid Award and Hearings: a. Mem on Willo Spring eek Relocation of HEARIN 2 �- X83 0 Culligan, Ipp1 cation for Subdivis,� (See attached ;�em) c. HEARING, se)Continued from April 17th 7 land Co., Appl:i�fc�ati, on� fp or I nCo� nional8 d Use Permit. (See attached Notice of Hearing Aand two pr o ed Resolutions). (Re�oend.approval 8. O'clock P.M. -- C.�a,y(�j�e; GJ d. HEARING, Case #84-05, Dodd Construction, Application for Easement Von. (See attached Notice of Hearing). 8:15 O'cloc P.M. IF t- Aa",� A"-� 7)",/ - ,�, 4,/ 8. Unfinished and New Business: i a. Memo on CuAddi ion Bike Trail. b. Memb°o Brookside Lane Street Acquisition.-' c. Memo on Handicapped Parking Request. -• 1-f/ d. Memo and Proposed Liquor Ordinance. 9. Responses to Council Requests. a. Memo on vehicles in freeway construction areas. ,u¢ b. Memo on vehicle for sale on Marie Avenue. -- 10. Council Comments and Requests. 11: Adjourn. ,� CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator May 15, 1984 SUBJECT: Add-on Agenda for May 15th meeting. There are no additional items of business to be added evening's agenda. Additional information is provided for Item Springs Creek Relocation, and Item 11 - Adjourn. 7.a. - Willow Springs Creek Relocation to this 7.a - Willow Attached is a memo from City Engineer Ed Kishel providing supplemental information on the Willow Springs Creek relocation. As discussed, the land has been donated by Mr. Callahan to the Archbishop Brady High School. For the reasons discussed in the memo, it is recommended that Council drop the project and bill the petitioner, John Callahan, for the engineering costs accumulated to date, $7,527.70 in excess of the $1,500 escrow deposit. 11. Adj ourn 705 r. m Council will be meeting jointly with the Planning Commission next Tuesday, May 22nd, to discuss the housing component of the Comprehensive Plan. As the Commission has a very light regular business agenda, it is anticipated that the joint session can begin by 7:30 P.M. Council should adjourn tonight's meeting to Tuesday, May 22nd, at -:-36 P.M. 7: 0S KDF:madlr attachment Respectfull submitted, Kevin D. Frazell City Administrator CITY OF MENDOTA HEIGHTS MEMO C� � May 14, 1984 70: Mayor, City Council and City Adat�i ni stra/tor FROM: Edward F. Kishel City Engineer SUBJECT: Drainage Channel & Control Structures Lot 2, Willow Springs Addition Job No. 8315 Improvement No. 83, Project No. 6 INTRODUCTION: The following constitutes a supplement to staff memo dated May 10, 1984 concerning the above subject matter, included in the agenda for the May 15 Council meeting. MCrtICS.TnN Periodically, when property changes hands in Mendota Heights, the County Auditor supplies the City Clerk's office with a copy of a computer print out sheet indicating the old and new ownerships. On Friday, May 11, 1984, this office received a print out sheet showing that ownership of Lot 2, Willow Springs Addition was transferred from John R. & Joan Callahan to Archbishop Brady High School on May 3, 1984. A search of the records indicates that assessments from previous public improvements were being paid annually and that there remains a balance of unpaid assessments in the amount of $1,364.96, as of the 1984 tax paying time. A discussion with the City Attorney resulted in an opinion that the transfer of title did not relieve Mr. Callahan of obligations incurred with regard to the "Creek Relocation project" and that Mr. Callahan can be billed directly for the excess costs indicated in the May 10th memo. In a phone conversation with Mr. Callahan this morning, staff verified that the parcel was donated to the school as a tax write-off and as being the only way he can come out financially in the ownership of this lot. Mr. Callahan indicated that the school is not aware of unpaid assessments and is not aware of the recent drainage ditch project and its incurred costs. It is to be noted that the May 10th memo refers to a May 4th phone conversation with Mr. Kempe in which it was stated that Mr. Callahan was trying to sell the property and would leave development to the new owner. This statement was made by Mr. Kempe even though the records reveal that the property was transferred to Archbishop Brady High as of May 3, 1984.' RECOMMENDATION: Staff recommends that the Council drop the project and bill the petitioner for the accumulated excess costs in the amount of $7,527.70. ACTION REQUIRED: Council is requested to direct staff_to notify the -low bidder that the project will not be constructed at this time. Council is requested to take appropriate action with regard to expendi- tures accumulated to date. k I Page No. 2014 May 1, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 1, 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. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF Councilman Hartmann moved the adoption of the amended agenda for AGENDA the meeting. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF Councilman Hartmann moved approval of the minutes of the April 17th MINUTES meeting with corrections. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilwoman Blesener moved approval of the consent calendar as amended 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 Code Enforcement Officer monthly report for April. b. Acknowledgement of the April 4th NDC -4 minutes. c. Acknowledgement of the April 10th Park and Recreation Commission minutes and the April 24th Planning Commission minutes. d. Approval of the List of Claims dated May 1, 1984, and totalling $101,616.45. e. Approval of the List of Contractor's Licenses, granting licenses to: Apollo Heating & Ventillation Gas Piping Apollo Heating & Ventillation Heating & A/C Berwald Roofing Company, Inc. Roofing Churchill's Home Heating/Cooling, Inc. Gas Piping Custom Pool's, Inc. Gneral Contractor S.J. Dahn Trucking & Excavating Excavating Faircon, Inc. Heating & A/C Midwestern Mechanical Corp. Excavating North Star Services General Contractor Swanson Plumbing & Heating, Inc. Gas Piping Swanson Plumbing & Heating, Inc. Heating & A/C 11 Page No. 2015 May 1, 1984 f. Acknowledgement of a memo from Police Chief Delmont regarding a beaver problem near Valley Park. A - Councilman Mertensotto moved to table the Willow Springs creek relocation bid award to May 15, 1984. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 CURLEY ADDITION The Council acknowledged a memo from Public Works Director Danielson BIKE TRAIL relative to a bike trail in Curley's Addition. Mr. Danielson briefly reviewedt;what took place at the April 17th Council meeting regarding this matter. t Mrs. Ann Maple, 2166 Timmy Street, property owner abutting the lo` proposed for the trail construction, was present noting that she prefers to see the lot improved and considered part of the park system and considered as green space. She expressed concern that if the bike trail is constructed as proposed, that she will be exposed to excess noise and lack of privacy, since the trail will be very close to her bedroom windows. She noted that she would prefer to have the trail constructed down the center of Lot 10, Curley's Addition, rather than have it constructed along - the side closest to her lot. Mr. William Goetz, 2154 Theresa Street, asked if the developer of the Curley Addition had contributed any land toward a park contri- bution when he developed the addition. Mrs. Judith Anderson, 1062 Cullen, owner of Lot 11, Curley Addition, expressed concern with the quality of a future home that may possibly be -constructed on"Lot 10, if the trail were constructed in its proposed location, and the balance of the lot were sold for single family construction. There was general agreement among the Council that a 2,000 square foot minimum size would be required before building approval would be granted. Mr. Vincent Anderson, 1062 Cullen, felt that the cost of the bike trail should not be financed by the sale of the lot and that the trail cost should have been planned for in 1976, when the trail was first considered. Mrs. Anderson asked if the trail could be placed in the center of Lot 10, with the Maple family maintaining the portion of the lot closest to their property and the Anderson family maintaining the opposite side of the trail. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 WILLOW SPRINGS The bid award for Lot 2, Willow Springs Addition, had been tabled CREEK RELOCATION, from the April 17th meeting, at the property owner's request, to BID AWARD May 1st. Public Works Director Danielson advised the Council that he has received no word from Mr. John Callahan or his attorney, Arnold Kempe, and recommended that the Council table any action on this matter until the May 15th Council meeting. A - Councilman Mertensotto moved to table the Willow Springs creek relocation bid award to May 15, 1984. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 CURLEY ADDITION The Council acknowledged a memo from Public Works Director Danielson BIKE TRAIL relative to a bike trail in Curley's Addition. Mr. Danielson briefly reviewedt;what took place at the April 17th Council meeting regarding this matter. t Mrs. Ann Maple, 2166 Timmy Street, property owner abutting the lo` proposed for the trail construction, was present noting that she prefers to see the lot improved and considered part of the park system and considered as green space. She expressed concern that if the bike trail is constructed as proposed, that she will be exposed to excess noise and lack of privacy, since the trail will be very close to her bedroom windows. She noted that she would prefer to have the trail constructed down the center of Lot 10, Curley's Addition, rather than have it constructed along - the side closest to her lot. Mr. William Goetz, 2154 Theresa Street, asked if the developer of the Curley Addition had contributed any land toward a park contri- bution when he developed the addition. Mrs. Judith Anderson, 1062 Cullen, owner of Lot 11, Curley Addition, expressed concern with the quality of a future home that may possibly be -constructed on"Lot 10, if the trail were constructed in its proposed location, and the balance of the lot were sold for single family construction. There was general agreement among the Council that a 2,000 square foot minimum size would be required before building approval would be granted. Mr. Vincent Anderson, 1062 Cullen, felt that the cost of the bike trail should not be financed by the sale of the lot and that the trail cost should have been planned for in 1976, when the trail was first considered. Mrs. Anderson asked if the trail could be placed in the center of Lot 10, with the Maple family maintaining the portion of the lot closest to their property and the Anderson family maintaining the opposite side of the trail. Page No. 2016 May 1, 1984 Mr. David Jankowski, 2145 Timmy Street,,agreed that the trail should be constructed in the middle of the lot and suggested that costs for maintaining the lot after the plan is established should be determined. After considerable discussion, staff was directed to prepare a report for the Park Commission to receive their input into the matter and to study the feasibility of the homeowners maintaining r both sides of the lot along the trail. CASE #82-18, Mr. Robert McKinstry, from Minnesota Federal, was present to request MN/FSL, VARIANCE approval of a variance that had been considered by the Planning Commission in 1982. The variance concerned an eave overhang from a covered porch on Lot 4, Block 4, Delaware Crossing, otherwise known as 682 Ocala Lane. The encroachment was on a part of Lot 5, Block 4, Delaware Crossing, a home owned by Mr. Brent Baskfield. During 1982, Mn/FSL had given Mr. Baskfield an easement agreement, which Mr. Baskfield had executed on March 16, 1984. After a brief discussion, Councilwoman Blesener moved approval of a 7 foot 6 inch variance for the covered porch from the property line and a 2;� t foot variance for the eaves on the covered porch, which extend 3.98 inches over the property line. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE 484-01, Mrs. Gertrude Simmons, 987 Chippewa Avenue,desires to sell the north30 SIMMONS, of Lot 8, Block 3, Guadalupe Heights, to Mr. and Mrs. Chester Boike, SUBDIVISION who own the south 30 feet of Lot 8 and all of Lot 7, Block 3, Guad- alupe Heights. Mrs. Simmons was not able to attend the Council meet- ing and the Boike's were not present either. Public Works Director Danielson explained the request, noting that no new structure would be placed on the site, since one already exists on it, therefore no park contribution will be required. There was a brief discussion over the frontage of Lots 9, 10, 11, 12, and 13, all owned by Mrs. Simmons. Since these are 60 foot lots, the Council was concerned that if, in the future, Mrs. Simmons would sell them, that they would not be considered as individual building lots, since the frontage is substandard size. _._._. After further discussion, Mayor Lockwood moved the adoption of Resolution No. 84-25, "RESOLUTION APPROVING THE REJOINING OF THE NORTH / 30 FEET OF LOT 8, BLOCK 3, GUADALUPE HEIGHTS TO ITS SOUTH 30 FEET", approving the subdivision as requested with the addition of wording in the Resolution stating that the homeowner is aware of the fact that Lots 9 - 13, as they now exist, do not constitute individual building lots under the Zoning Ordinance of the City of Mendota Heights. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE # 84-02, Mrs. Charlotte Anderson, 645 Ivy Falls Avenue, was present to ANDERSON, request approval of a lot split, to sell the westerly 140 feet of SUBDIVISION Bauer's Acre Lots. This property is located on Ivy Falls Avenue t .- Page No. 2017 May 1, 1984 and Sylvandale Road. Mrs. Anderson had signed a 15 foot by 15 fo drainage easement for the northwest corner of -the lot and Public Works Director Danielson also noted that a creek runs near the north boundary of the lot and at such time as a building permit is applied for,,a wetlands permit will need to be processed. He 4alsd pointed out that's`ince a new lot will be created, that a $600 park contribution -is required. After discussion, Mayor Lockwood moved the adoption of Resolution No. 84-26, "RESOLUTION APPROVING THE SIMPLE LOT SPLIT FOR LOT 1, BAUER'S ACRE LOTS," noting the park contribution requirement in the .resolution. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 WATER SYSTEM Special Projects Administrator Orvil Johnson reviewed a report for STATUS REPORT the Council on the status of the water system with St. Paul Water. He noted in his report that at the present time, Mendota Heights does not have a signed agreement with St. Paul Water and that staff has been reviewing the pros and cons of renewing the old agreement versus proposing the establishment of a Mendota Heights Water System. He requested that Short- Elliott- Hendrickson, Inc. be commissioned to prepare an engineering study of a basic water supply system for the City of Mendota Heights. It Ayes: 5 Nays: 0 PUBLIC WORKS CONTRACT Several members of the Council felt this would be the right direction and agreed with the thoughts presented. After a brief discussion, Councilman Mertensotto moved that the Mayor and Clerk be authorized to'sign the proposal on behalf of the City, to allow SEH to prepare a water system status study, with'such cost not to exceed $9,500. Councilman Hartmann seconded the motion. City Administrator Frazell reviewed the proposed 1984/1985 Public Works labor contract, noting the various changes from the 1983 contract. He noted that the contract called for a 4.7% wage increase in 1984 and a 5% increase in 1985. After discussion, Councilwoman Witt moved approval of the 1984/1985 Public Works Labor Contract. Councilwoman Blesener seconded the motion. Ayes: 3 Nays: 2, Mertensotto and Hartmann MISCELLANEOUS The Council acknowledged a memo from City Administrator Frazell relative to endorsement of an independent management study of the Metropolitan Waste Control Commission. Councilman Hartmann moved the adoption of Resolution No. 84-27, "RESOLUTION SUPPORTING INDEPENDENT MANAGEMENT STUDY OF METROPOLITAN WASTE CONTROL COMMISSION." V Councilwoman Witt advised the Council of an upcoming public hearing for NDC -4 at the West St. Paul City Hall. Councilman Mertensotto noted that he had received complaints about three-wheelers driving on City streets and urged the Police Department to caution the persons riding them about the hazards involved. MISCELLANEOUS City Administrator Frazell advised the Council that the Fire Dept. is planning a burn at 2550 Dodd Road. City Attorney Winthrop advised the Council that the Krajniak case was continued -for one more month. -- Public Works Director Danielson noted that Mendota Heights Road will be overlayed starting May 7th. The Council asked if TH 149 could be kept open longer until Mendota Heights Road work is finished. RECESS The Council took a brief recess and reconvened in the Engineering Conference Room at 9:48 o'clock P.M. FIRE DEPT. City Administrator Frazell advised the Council that the City had DISCUSSION not received a letter of resignation from Fire Chief Noack, and that he had no committment from him as to when the letter might be received. Page No. 2018 May 1, 1984 Councilman Mertensotto seconded the motion. Ayes: 5 Nays: ,0 IVY HILL PLAT The Council acknowledged a memo from Public Works Director REVISION Danielson regarding a plat correction for the Clapp-Thomssen Ivy Hill plat. Councilman Mertensotto moved approval of the Certificate of Correction to Plat. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 PRESSURE The Council acknowledged receipt of a memo from City Engineer Kishel REDUCING VALVE relative to removal of a pressure reducing valve and appurtenances from -the elevated water tower. Councilman Hartmann moved approval ofth emoval by St. Paul Water of a pressure reducing valve and appurtenances from the elevated water tower, as recommended by City Engineer Kishel. - Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Councilwoman Blesener expressed concern over a truck parked on Marie Avenue with a "for sale" sign on it, and also asked if something could be done with the ventillation in the Council room. Councilwoman Witt advised the Council of an upcoming public hearing for NDC -4 at the West St. Paul City Hall. Councilman Mertensotto noted that he had received complaints about three-wheelers driving on City streets and urged the Police Department to caution the persons riding them about the hazards involved. MISCELLANEOUS City Administrator Frazell advised the Council that the Fire Dept. is planning a burn at 2550 Dodd Road. City Attorney Winthrop advised the Council that the Krajniak case was continued -for one more month. -- Public Works Director Danielson noted that Mendota Heights Road will be overlayed starting May 7th. The Council asked if TH 149 could be kept open longer until Mendota Heights Road work is finished. RECESS The Council took a brief recess and reconvened in the Engineering Conference Room at 9:48 o'clock P.M. FIRE DEPT. City Administrator Frazell advised the Council that the City had DISCUSSION not received a letter of resignation from Fire Chief Noack, and that he had no committment from him as to when the letter might be received. • Page No. 2019 May 1, 1984 Mr. William Lerbs was present for,the discussion and asked the Council -to appoint him as Assistant Chief now so that he could pick up where Chief Noack is at. He noted that a new captain would be selected to replace him until fall. After some discussion, Mayor Lockwood,move�d to immediately appoint t 4 . .t 'Ass'istant � ' .� p. F. !'• j Mr. William `.erbs as Assistant Fire Chiek,f-effectJ_ e Md 1.,"'.1984, 'and that the.Council will continue to look toward a change in the Chief's position and to implement the planned change as adopted by the City Council on January 17, 1984, with a target date of September 30, 1984. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 PERSONNEL The Council met in a closed door session with all Council members present, as well as City Administrator Frazell and former.,City Administrator Johnson, to discuss an employee disciplinary matter. .s_ ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:34 o'clock P.M. Mary Ann DeLaRosa Deputy Clerk ATTEST: Robert G. Lockwood Mayor i MENDOTA HEIGHTS FIRE DEPARTMENT ` MONTHLY REPORT Fire Calls No. 84-41 Thru 84-57 Number of Calls 17 Month ofAp�� 1984 FIRE ALARMS DISPATCHED TYPE NO. STRUCTURE CONTENTS MISC. TOTALS TO DATE Commercial- • L 4,400 Residential, ; 610 Vehicle Fires 1 350 Contract Fires(All) Vehicle Accidents 1 $ $ $ Monthl Loss Totals Men Ht s Rescue (no fire) All Fires All Areas $ 5,360 Grass,.Brush&No Value 8 Men Hgts Only Struct/Contents 5,010 False Alarm Criminal 1 Men Hgts Only Miscellaneous 350 False " Commercial 3 Men Hgts Total Loss to Date $ 5,360 False Residential 2 BILLING FOR SERVICES Good Intent Calls A enc 'This Month To Date TOTAL CALLS 17 Mn:DOT LOCATION OF FIRE ALARMS To Date Last Yr. Milw RR Mendota Heights 13 45 32 CNW RR Mendota 2 3 1 Others Sunfish Lake 1 1 4 TOTALS $ $ Lilydale 1 7 4 Other 1 FIRE MARSHALS TIME FOR MONTH TOTAL 17 57 41 Inspections 2 WORK PERFORMED Hours To Date Last Yr. Investigations Fire Calls 339 • 1263 693 Fire Calls Meetings 30 125 98 Drills 48 230 200 Meetings s 4 Weekly Clean -Up 22 97 122 Drills, Training ''pecial ° Training 16 76 117 22 Miscellaneous ,tdministrative 19 87 62 Fire Marshal 28 177 181 Total 28 TOTALS 502 2055 1473 Remarks: See other side of this sheet for monthly synopsis. SYNOPSIS OF MONTHLY RUNS `a The department made 17 runs during the month of April. Only one call was to a structure and there was no fire damage reported. Eight of the calls were for: grass fires and arcing power lines due:to•ttorm:conditions. There was a total of five calls for false alarms to private alarms systems. SYNOPSES OF MONTHLY -TRAINING The -regular two-hour training period was used to practice ventilation of roofs using ;the'K 12 saw. The correct use of pike poles was also a subject. - The remaining time was used in a ladder drill. r t , FIRE DEPARTMENT MON'T'HLY WORK PERFORMANCE Month AiprwL� X 198.' Calls forFire / Month % 3 Fire Per- Clean ') Month= flus. Off'r Spec. Other Othe _ Calls Calls cent ,Up ly Meet Meet Drill Act'y Act' Year Totals Att'd Att'd Att'd `Drill ing ingSGVB _s6.3 y I_ _. Date _z. Month Year Year Hrs Hrs 2 Hrs./ Mrs/ I•Irs A Hrs Hrs Leroy Noack. Chi e 2 yf71 1 x C ie lAdmi .Ass I lYqHr 6xpt,"John Maczko 1 // 33 5'91 Paul Dreelan / Paul Maczko ( Mike Coonan_ 3 X GordySk'erven YTJ Sw k _ Ed Adrian''' 3 Pat Knight / _ 2- X ix X Allen valencouri 2-1 /9 1_ V I S— 1 X__ I X __ 1 _ I _ _I_ ' Capt. Steve Carlson (,I 3o,s3 Paul Maczko / b' ��. y Bill Chisler 9 2 y� Marc Connoll 39' 6 7 xX x Dick Zwirn o 3�2_ 6-4 X George Lowe I Total Attended Tot. Man Hours V MA2v $FTN ALES FGn , // / % Lambert Derks i S/ 1 i X Gaorge Noack Ji /3 3 6 f Ted Husnik S g__ 33 Jamie Lerbs _ / 3 6 !n x x Mike Maczko .7 , Y Tom 01"nel1 /3 se;s— Ken Noack /.3 \, 911 Tim_ Ki lburgv .2�� Kai t}h Stnin / b' Total Attended Tot. Man Hours 3 /G This Mgnth L ft:T /0 • M __ L Year C ents' __ _. _ __ r. RunsPerMan r MenPe Ru syer s-7, 72 s , v _s6.3 y I_ _. MENDOTA HEIGHTS FIRE DEPARTMENT MONTHLY REPORT Fire Calls No. 84-41 Thru 84-57 Number of Calls 17 Month of April 1984 FIRE ALARMS DISPATCHED TYPE NO. STRUCTURE CONTENTS MISC. TOTALS TO DATE Commercial 1? 4,400 Residential 610 Vehicle Fires 1- 350 Contract Fires(All) Vehicle Accidents 1 $ $ $ MonthlV Loss Totals Men Ht s Rescue (no fire) All Fires All Areas $ 5,360 Grass, Brush&No Value 8 Men H y gts Only Struct/Contents 5,010 False Alarm Criminal 1 Men H y gts Only Miscellaneous 350 False Commercial 3 Men Hgts Total Loss to Date $ 5,360 False Residential 2 BILLING FOR SERVICES Good Intent Calls A enc `This Month To Date TOTAL CALLS 17 Mn:DOT LOCATION OF FIRE ALARMS To Date Last Yr. Milw RR Mendota Heights 13 45 32 CNW RR Mendota 2 3 1 Others Sunfish Lake 1 1 4 TOTALS $ $ Lilydale 1 7 4 Other 1 FIRE MARSHAL'S TIME FOR MONTH TOTAL 17 57 41 Inspections 2 WORK P=.RFORMED Hours To Date Last Yr. Investigations Fire Calls 339 . 1263 693 Fire Calls Meetings 30 125 98 Drills 48 230 200 Meetings 4 Weekly Clean -Up 22 97 122 Drills, Training 7pecial Training 16 76 117 Miscellaneous 22 Administrative 19 87 62 Fire Marshal 28 177 181 Total 28 TOTALS 502 2055 1473 Remarks: See other side of this sheet for monthly synopsis. SYNOPSIS,OF MONTHLY RUNS The depaitment.made 17 runs during the month of April. Only one call was to a structure and there was no fire damage reported. Fight of the calls were for grass fires and arcing power lines due -to ttorm conditions. There was a total of five calls for false alarms to private alarms systems. SYNOPSIS OF MONTHLY TRAINING. The regular two-hour training period was used to practice ventilation of roofs using the K•12 saw. The correct use of pike poles was also a subject. The remaining time was used in a ladder drill. r FIRE DEPARTMENT MON'T'HLY WORK PERFORMANCE Month APfL'L- ^__ _ _�3 _ X Calls for / Month % Fire Fire Per- Clean '�Mdnth= Bus. Off'r Spec. Other Othe MarcConnolly Calls Calls cent up Dick Zwirn Meet Meet Drill Act'y Act' Year Totals Att'd Att'd Att'd i Drill ing ing kUrvE i Date _�. Month Year Year Hrs Firs 2-,Hrs / I•Irs/ Mrs A Hrs Hrs ' Lerqy Noack. Chief r Chie: Admi .Asst ohn Maczko ' // 33 , y Paul Dreelan / f-3 f Mike Coonan ^__ _ _�3 _ X Gordy Sk'erven S k_ Ed Adrian 2 39 x Pat Knight / _ 2- X X X • Al 1 an Va 1 PnCn11Y! .Z /I- I X Lambert Derks S/ 11X i X I, ca t. Steve Carlso (, 3o, 15"1 I I Paul Maczko .2-16- Bill Chisler 9 2),t '12- 2Marc MarcConnolly 36' 67 IXX X Dick Zwirn i I George Lowe 1 gy �c MARS Sr''H IDES KA , // /7 _- x Lambert Derks S/ 11X i X Noack J.1 Ted Husnik Jamie Lerbs Mike Maczko .7 i I Tom zettel i ' Tom Olund` John Nesjga Ke Noack John ko % Tim Kilburct Keith Stgin 1 T T Z �r.RunsPerMan �r.MenPer Ru ver_.% for Year A otal Attended ot. Man Hours 'his MQnt Lag /0.,19 fir. s7." (ury OF MENDOTA IlEIGlITS TREASURER'S REPORT - APRIL., 1984 Balance DAKOTA COUNTY STATE BANK Checking Account $.14,586.98 : Savings Account 368.07 C.D. Due Savings Certificates 9-27-84 @ 9.887, 25,000.00 TOTAL $39,955.05 Collateral - Bonds 320,000 Govt. Guar. 100,000 CHEROKEE STATE BANK C.D. Due 7-30-84 @ 9.17, 4003000.00 C.D. Due 7-07-84 @ 9.357 300,000.00 C.D. Due 6-04-84 @ 9.257 125,000.00 Savings Cert. 9-3-84 @ .9.22% 13,952.59 TOTAL 838,952.59 Collateral - Bonds 1,300,000 Govt. Guar. 100,000 MINNESOTA FEDERAL SAVINGS & LOAN ' C.D. Due 9-12-84 @ 10.157 100,000 i Collateral,Govt. Guar. FIRST NATIONAL BANK OF ST. PAUL C.D. Due Collateral - Bonds...* Govt. Guar. 100,000 U.S. TREASURY BILLS Due 3-21-85 630,000 (AM) (10.60) $568,375.60 9-13-84 700,000 (lst) (10.20) 666,345.17 5-17-84 425,000 (Dk) 406,611.67 11-01-84 850,000.(Dk) 777,257.71 Repo 5-7--84 150,000.00 TOTAL FUNDS AVAILABLE: $3,547,497.79 Collateral $420,000 1,400;000 100,000 100,000 L. Shaughnessy _ Dept 10 -Admin Dept 50-Rd&Bridae E -5/!t5/'8'tzT - 15-Engr 60 -Utilities 20 -Police 70 -Parks CHECK REGISTER 30 -Fire 80 -Planning 40 -Code Enfc 9p Animal Co tr AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N1. % 40.00 LEONARD KANITZ 40600 * INS ADJ PER 84 CONTR 01-4245-050-50 16.04 .;OPN NESKA INS ADJPER 84 CONTR 01-4246-070-70 16.04 40.00 THOMAS OLUND INS ADJ PER 84 CONTR 15-4245-060-60 40.00 * 40.00 FRED PFEIFFER 40.00 * INS ADJ PER 84CONTR 01-4245-050-50 .30 ADVERTISERS DIST SVC CORR ANT 01-4268-650-10 68.40 ADVERTISERS DIST SVC DISTRNEWSLETTER 01-4268-650-10_ 68.70 60.00 DAKOTA CTY GOVT CNTR TRNG 4/19 BRIDGER 01-4400-020-20 180.00 DAKOTA CTY GOVT CNTR TRNG REYES PLATH-tj0=�1v= 240.00 * 29004.55 GENERAL SAFETY&EA LBR/PARTS 01-4330-460-30 49638.40 GENERAL SAFETY&EO WATER PIPING/NOZZLE 12-4630-000-00 69642.95 * 25.00 LABOR RELATION ASSO RE PW NEGOTIANS 01-4224-050-50 25.00 LABOR R.ELATICN ASSO RE PW NEGOTIANS 01-4224-070-70 25.00 LABOR RELATION ASSO RE PW NEGOTIANS 15-4224-060-60 75.00 * 10100 NO STAR CHAPTER ICBO MTG BERG - - -40- 01-4400-040-40- 10000 10.00 * 20.00 TREASURER ST MINN POST LIC LANGE/MACK 01-4404-020-20 20,00 * - 292.55 W -W PRINTCRAFTER INC SETTYPE NEWSLETTER aT-- 9z 65t--107 292.5 5 * _ 29.00 NATL FIRE PROTECTION SUBS FIRE COMMAND1-44 2- 3 -3-1 29.00 * 78.00 PIONEER HI -BRED INTL GRASS MIX -4305-051E=5071 78.00 * 56.36 CAROLYN DREELAN GROUNDBREAKING 01-4490-030-30 56.36 * 10.00 DAKOTA COUNTY CC 4/26 LUNCH .MTG 01-4490- ' 70.00 DAKOTA -COUNTY CC 4/26 LUNCH MTG 01-4490-110-10 10.00 DAKOTA COUNTY CC 4/26 LUNCH MTG 05-4490-105-15 _ 176.00 LECNARD PERRON PLOWING 314 01-4268-500-30 176.0 0 * �'- - - --- -- -- 485.00 R D SCHWAN SCOTHLITELETTERING 01-4330-460-30 LAMOUNT 485.00 * VENDOR CHECK REGISTER ITEM DESCRIPTION ACCOUNT NO, INV 7,70 DAK CTY GOVT CNTR FORMS 01-4300-110-10 15,80 OAK CTY GOVT CNTR PROC/PRTGVOTER REG 01-4300-640-10 7,70 OAK CT.Y GOVT CNTR FORMS 05-4300-105-15 31 .2 0 * -- - 58*00 BILLS GUN SHOP SHELLS/HOLSTER 01-4410-020-20 58.00 * —� - — 121.23 JIM HATCH SALES 121-23 * 35.00 RADIATOR SVC CO I's _nn * 67.66 CONTRACTORS MCHY&SPL SHOVELS/HOLS RPR S 501 MISCSPLYS 01-4305-050-50 01-4330- 490- 70 01-4305-070-70 14i,50, WEBER&TRCSETH MIKE MODULE 2280 01-4330-460-30 14.50- WEBER&TROSETH CORR ACCT 0 1 -463 -46 -3tf' 14,50 WEBER&TROSETH MIKE MODULE2280 01-4630-460-30 14.50 * 24.64 DIANE WARD MI REIMB RE CABLE 01-4415-110-10 24,64 * 50.00 AMER NATL BANK FEE i 271-7'I9F-BDS 29362*50 AMER NATL BANK IAT 12/1/79 BOS 12-4456-000-00 _ 53*00 AMER NATL BANK FEE 3/1/75 BOS__ 13-4226-000-00 65*00 AMER NATL BANK FEE 6/1T65 BOS 13-4226-000-00 109000,00 AMER NATL BANK PRINCE/1//65 BOS 13-4455-000-00- - 109000*00 APER NATL BANK PRINC 3/1/775 BDS_ 13-4455-000-00 340*00 AMER NATL BANK — INT__6%1%6BOS — 13=�43b=000=a0- 89818*75 AMER NATL BANK INT 3/1/75 BOS 13-4456-000-00 319689o25 * --19,36 AT & T INFO SYSTEMS MAY SVC —� Q1=4 10=620=26 t 19,36 * _ 8,38 B&J AUTO SPLY OIL FILTER_ 01-4330-490-70 t 9,41 B&J AUTO SPLY FILTERS -15=4330=40=b0 L 17,79 * _ 3.247.0.0 CARLSON TRACTOR&EO REDI HAUL TRAILER 12-4620-000-uU 5 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0. I'M 48.07 CITY MOTOR SUPPLY PARTS 01-4330-440-20. 56.84 CITY MOTOR SUPPLY TAPE/LIGHT 01-4330-460-30 72.98 CITY MOTOR SUPPLY PARTS 01-4330-490-50 5.94 CITY MOTOR SUPPLY AC 01-4330-490-70' �_. 11.13 CITY MOTOR SUPPLY GREASE GUN 15-4330-49N-60 194.96. * 23.70 COAST TO COAST SHELLS 01-4305-020-20 4.75 COAST ;,TO COAST WIRE — ----0 21.18 COAST TO COAST TAPE 15-4305-477-60 49.63 •* 74,15 CONTEL CR CORP MAY PYMT01-4210-0290-2—T-' 118.65 CC14TEL CR CORP x MPAY PYMT 01-4210-1,10:10 59.32 CONTEL CR CORP, MAY PYMT 05-4210-105-15! 2 52.1 2 * 55.47 CORCORAN HDWE&IMPL PARTS 01-4330-490-70 55.47 * s. 19183.00 DAHLGRBN HOWARD ASSO AAR RETAINER 01—;Q21-135-80 19183.00 * - 31.80 DAVIS ELECTRONIC SVC PARTS/RPR 01-4330-450-30 5.00 DAVIS ELECTRONIC SVC PARTS ONLY 01-433D-450-3 26.52 DAVIS EILECTRONIC SVC PARTS/RP R 01-4330-450-30 20.63 DAVIS ELECTRONIC SVC PARTS/RPR 01-4330-450-30 17.55 DAVIS ELECTRONIC SVC PARTS ONLY 1-433 -45-30 101.50 * 12.37 ELVIN SAFETY SUPPLY SWETT BANS 01-4305-050-50 1 12.37 ELVIN SAFETY SUPPLY SWETT BNS 01-4305-070-70d 12.36 ELVIN SAFETY SUPPLY SWETT BANS 15-4305-060-60 37.10 * 25.00 FIRST NATL-ST PAUL FEE GO BOS 12-4226-000-00 59100.00 FIRST NATL-ST PAUL GO BOS 12/1/82 12-4456-000-00 .,125.00 * AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION - ACCOUNT N0. I* 25.00 FME CORP MAIL'EO 01-4200-6lu-10 25.00 FME CORP MAIL EO 01-4200-610---n 50.00 * 191.68 GOODYEAR SERVICE STR TIRES//BALANCING 01-4330-440-20 42.46 GOCDYEAR SERVICE STR TIRE 01-433 -440-2© 137.68- GOODYEAR SERVICE STR PRICE ADJ TIRES 01-4330-440-20 96.46 * 311.84 GOPHER ATHLETIC CAPS 01-4435-200-70 311.84 * 127.69 ICMA RC 4/27 Y/H 01-2072-000-00 127*69 ICMA RC 4/13 H/H 01-2072-000-00 79.33 ICMA RC 4/27 CONTR 01-4406-110-10 79.33 ICMA RC 44/13 CONTR 01-4406-110-10 PAPER COPY PAPER 01-4300-080-80 210.20 INTER 562*50 IDS LIFE INS CO MAY ANNUITY 01-2072-00 562.50 * 65.90 INTER CITY PAPER COPY PAP ER 01-4300-020-20 34.40 INTER CITY PAPER COPY PAPER 01-4300-030-30 13.00 INTER CITY PAPER COPY PAPER 0 1- 4 300--b-4Z- 14.25 INTER CITY PAPER COPY PAPER 01-4300-080-80 210.20 INTER CITY PAPER_ COPY PAPER 01-4300-110-10 39.05 INTER CITY PAVER COPY PAPER 0 5 -�+-30Z---tD 15 5.00 INTER CITY PAPER COPY PAPER 10-4300-000-00 10.91 INTER CITY PAPER COPY PAPER 15-4300-060-60 26.85 INTER CITY PAPER COPY PAPER 23 -4300 -000 -Oil 419.56 7.92 KNUTH TOM MI THRU 5/905-4415-105-15 3.52 KNUTH TOM MI THRU 5 9�� 15-4415-477--6-0- 7.92 KNUTH TOM MI THRU 5/9 74-4415-813-00 3.52KNUTH TOM MI THRU 5/9 89-4415-814-00 ,*76---KNUTH TOM _ _ i MI _ THRU /9 - X0=4 13- T5 -Z16 24.64 * 16.94 _ KULLANDER GUY MI OJJNITE/BUS TOUR 01-4415-110-10 2- KULLANDER�Z;UY ,--- MI~�fHRU-519-5-65-G--l0- 10.01 KULLANDER GUY FILM OJJ NITS 01-4490-110-10 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO* IMM 2.42 KULLANDER GUY MI THRU 5/9 05-4415-105-15 6.60 KULLANDER GUY MI THRU 5/9 23-4415-000-00 3.30 KULLANDER GUY MI THRU 5/9 86-4415-811-00 47.19 * 68,00 LAKELAND FORD LABOR 308 01-4330-490-50' 6.27 LAKELAND FORD FASTENERS 01-4330-490-509 703.14 LAKELAND FORD PARTS/LBR308 01-4330-490-50i 777.41 4.00 LANGULA HDWE BROOM HANCLE 01-4305-030-30 11 7.90- LANGULA HDWE APR DISC 01-4305-030-301 75.02 LANGULA HDWE MISC SPLYS 01-4305-030-301 3.00 LEAGUE MN CITIES CHIP MTG FRAZELL 01-4.400-110-10 3.00 * 8.50 LEEF BROS INC APR SVC 01-4335-310-50 8.50 LEEF BROS INC APR SVC 01-4335-310-701 8.50 LEEF BROS INC APR SVC 15-4335-310-60 a - — 5.5 *-------- 1 9023.73 LOGIS APR SVC 148.78 LOGIS APR SVC 01-4214-110-10• 15-4214-060-60 85.20 M&W INC CANONPROD TONER/MTCN 01-4300-020-20 1 44.50 M&W I (►C CA NCNPROD TONER/MTCN__01-4300-030-30 1 _ 16o85M&W INC _ CANONPROD TONER/MTCN �T=4300=04D=�iD� 4.70 M&W INC CANONPROD TONER/MTCN 01-4300-050-50 1 4.70 M&W INC CANONPROD TONER/MTCN 01-4300-070-70 1 _ 18.45 M&W INC CANONPROD TONER MTCN y01 -4300---0-8a---8-0-1 271.98 M&W INC CANONPROD TONER/MTCN 01-4300-110-10 1 50.45 K&W INC CANONPROD TONER/MTCN 05-4300-105-15 1 _ 6*50 R&W INC CANONPR D TONER/MTCN -000-0 -1 4*70 M&W INC CANONPROD TONER/MTCN 15-4300-060-60 1 -�-5 34*75 M&W IK CANONPROD TONER/MTCN 23-4300_-000-00 1 4 2.7 8 * — 644.65 REDCENTERS HP MAY W/H 01-2074-000-00 AMOUNT VENDOR CHECK REGISTER ITEM DESCRIPTION ACCOUNT NO* IN 817:05 MEDCENTERS HP MAY PREM 01-4245-07 !O 405..00 MEDCENTERS HP MAY PREM 01-4245-0i, 20 459.10 MEDCEKTERS HP MAY PREM 01-4245-050-50 252*30 MEDCENTERS HP MAY PREM 01-4245-070-70 628*20 MEDCENTERS HP, MAY PREM 01-4245-110-10 .405*00 MEDCENTERS HP MAY PREM 05--4:245-105--l-5 1.45.00 MEDCENTERS HP MAY PREM 15-4245-060-60 3.75.6.30 MINN MUTUAL LIFE ^^ MAY PREK��^— 13*33 MEND HGTS RUBBISH APR SVC 01-4f80--311 W --SU 13*33 MEND HGTS RUBBISH APR SVC 01-4280-310-70 15.00 MEND HGTS R.UBBI SH APR SVC 01-4280-315-30 13.34 MEND HGTS RUBBISH APR SVC 15-4280-3100 55*00 * MIDWEST SIREN SERV MAY C ONTR 07-4330-000-00 E5.65 PREM 01-4245-050 459.05 MILLER PRINTING NEWSLETTER ISSUE 1 01-4268-650-10 459.05 * - 22.05 MINN BENEFIT ASSN MAY W/H O�=Zfl7�:=00000" 5*90 MINN BENEFIT ASSN MAY PREM 01-4245-021-20 5*00 MINN BENEFIT ASSN MAY PREM 01-4245-070-70 32.95 * 16.05 MINN DEPT OF REV APR SPEC FUEL TAX 01-4320-050-50 16.05 * 3e9O MINN MUT AL LIFE MAYA W/H 0"=2�7�=000=00 .11*70 379446.75 METRO WASTE CONTROL APR_ SAC CHGS 15-4448-060-60 379446*75 01-2074-000-00 3*90 MINN MUTUAL LIFE MAY PREM 01-4245-020-20 1.95 MINN MUTUAL 23.25 MIDWEST SIREN SERV MAY C ONTR 01-4330-451 1 62 *40 MIDWEST SIREN SERV MAY C ONTR 07-4330-000-00 E5.65 PREM 01-4245-050 3*90 459.05 MILLER PRINTING NEWSLETTER ISSUE 1 01-4268-650-10 459.05 * - 22.05 MINN BENEFIT ASSN MAY W/H O�=Zfl7�:=00000" 5*90 MINN BENEFIT ASSN MAY PREM 01-4245-021-20 5*00 MINN BENEFIT ASSN MAY PREM 01-4245-070-70 32.95 * 16.05 MINN DEPT OF REV APR SPEC FUEL TAX 01-4320-050-50 16.05 * 3e9O MINN MUT AL LIFE MAYA W/H 0"=2�7�=000=00 .11*70 MINN MUTUAL LIFE MAY W/H 01-2074-000-00 3*90 MINN MUTUAL LIFE MAY PREM 01-4245-020-20 1.95 MINN MUTUAL LIFE MAY _ PREM 01-4245-021-20 1*95 MINN MUTUAL LIFE MAY PREM 01-4245-050 3*90 MINN MUTUAL LIFE MAY PREM 01-4245-070-.j 5*85 MINN MUTUAL LIFE ^^ MAY PREK��^— ---iii=My'=1lo;;-to- 1.95 MINN MUTUAL LIFE MAY PREM 05-4245-105-15 CHECK REGISTER APOUNT VENDCR ITEM DESCRIPTION ACCOUNT NO. INA 35.10 * 141.25 FINN TEAPSTER-LOC320 PAY DUES 01-2075-000-00 141.25 * 298.64 NORTHERN ST POWER CO MAY SVC 01=4211-300-50 115.81 NORTHERN ST POWER CO MAY _ SVC _ 01-4211-310-50 115.81 NORTHERN ST POWER CO MAY SVC 01-4211-310-70 20.72 NORTHERN ST POWER CO MAY SVC 01-4211-320-70 _ 171.62 NORTHERN ST POWER CO MAY SVC 01 1=3fD-S(F 171.63 NORTHERN ST POWER CO MAY SVC 01-4212-310-70 NORTHERN ST POWER CO MMAY SVC 01-4212-320-70 _ _57.67 - 115.81 f1CRTHERtN ST POWER CO MAY _ SVC 15-4211-310-60 42.10 NORTHERN ST POWER CO MAY SVC 15-4211-400-60 171.62 NORTHERN ST POWER CO MAY SVC 15-4212-310-60 19281.43 * 58.80 PINE BEND PAVING INC MC COLD MIX 58.80 * 01-4422-050-50 94.66- POWER BRAKE EQUIP CO RETD CONTROL -4330-490- 7 56.20 POWER BRAKE EQUIP CO TRANSDUCER 01-4330-490-70 108.72 POWER BRAKE EQUIP CO SOCKET/PLUG/CONTROL 01-4330-490-70 -- --- 70.26 * - - - 151,65 S&T OFFICE PROD FILE CABINET 01-.4600-110-10 151.65 * 224.24 SHIELY J L CO 718.97 SH IEL Y J L CO 943.21 CL2 KEY CL2 KEY 01-4420-050-50 01-4420-070- 70 34.65 SIGNAL CAR WASH APR WASHES 01-4430-020-20 II 34.65 * 8.38 SNYDER DRUG STORES SLIDE FILM 8.38 87.40- ST PAUL STAMP WORKS CORR PROG 01-4305-020-20 01-4490-090-90 CHECK REGISTER MOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0. IN* 87.40 ST PAUL STAMP WORKS DOG TAGS 01-4490-09C 11 13.80 ST PAUL STAMP WORKS NAME PLATE BLESENE_R_ 01-4490-196 J1 87.40 ST PAUL STAMP WORKS DOG TAGS 01-4490-800-90! 101.20 * 75.00 ST PAUL EMPL ASSN TIME CHGS 4/5527 01-4224-050-50 75.00 ST PAUL EMPL ASSN TIME CHGS 4/5927 01-4224-070 75.00 ST PAUL EMPL ASSN TIME CHGS 4/5827 15-4224-060-60 225.00 * 67.15 UNIFORMS UNLIMITED MACEBHOLDER 01-4410-020-20 1 23.30 UNIFORMS UNLIMITED MACE HOLDERS 01-4410-020-20 1 74.65 UNIFORMS UNLIMITED RAINCOAT NICKS 01-4410-020-20 1 68.42 UNITED CENT TRUSTEE MAY W/H 01-2071-000-00 1 40.67 UNITED CENT TRUSTEE MAY PREM 01-4246-020-20 1 10.91 UNITED CENT TRUSTEE MAY PREM 01-4246-050- 50 1 21.82 UNITED CENT TRUSTEE MAY PREM 01-4246-070-70 1 141.82 * FUND 15 TOTAL SEWER UTILITY 68.20 FUND 180.00 WALDOR PUMP FLOAT 180.00 * 127.10 WESTERN LIFE IN'S CO MAY PREM --'--f -2 .10 * - - --- -- -- -- - 15 3-30-=W{S-C---6 07, 01-4246-030-30 -16 9832.09 FUND 01 TOTAL GENERAL FUND - 583.81 FUND 05 TOTAL E11GR ENTERPRISE 62.40 FUND 07 TOTAL CIVIL DEFENSE _ FUNS -TOTAL --SPECIAL PARK FUND - T 169422.90 FUND 12 TOTAL EQUIPMENT CERTIFICATES 299276.75 FUND 13 TOTAL STATE AID DEBTSERVICE 389485.11 FUND 15 TOTAL SEWER UTILITY 68.20 FUND 23 TOTAL CABLE TV FRANCHISE 7.92 FUND 74 TOTAL CONS PROD FUND _ - - 3.3 -0 ---_ FUND -$6 TOTAL I83;; -- AV TFRC SIS - 3.52 FUND 89 TOTAL 183-6CALLAHAN/KEUPE 1.76 FUND 90 TOTAL I83 -7B MH RD MN DOT 101,759.26 TCTAL i�N 10502 25.00 ICMA FEMA Wkshp Frazell 10503 358.00 Venture Travel Fare Delmont 10504 50.00 DCB _Air Payroll Decutions 4/27 _ 10505 300.00 DCB " 10506 965.15 SCCU of 10507 4,503.56 Dir Int Rev FIT W/H 4/27 10508 2,454.20 St Treas ss FICA 4%27 10509 21,391.98 City MH PR Acct Net Payroll 4/27 10510 30.00 Roger Plath Meal MAAG Trng-- - `� 10511 20.00 Ehlers&Assoc Regr-. K. Frazell NX 30,097.89 GT 131,857.15 LIST OF 1984 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON MAY 15, 1984 Bituminous Roadways, Inc. Concord Builders Developers Construction, Inc. Drews Construction James Steel Construction Company Johnson Excavating Midwest Fence and Manufacturing Company New Systems, Inc. Patio Village, Inc. Rudy Excavating Sterling Fence, Inc. Sunrise Cement Company Twin City Plastering, Inc. Wensmann Homes, Inc-. Asphaltic/Concrete License General Contractor's License General Contractor's License Masonry License General Contractor's License Excavating License Fence Erecting License General Contractor's License General Contractor's License Excavating License Fence Erecting License Masonry License Plastering and Stucco License General Contractor's License LIST OF ON/OFF SALE✓.LR LICENSES TO BE APPROVED BY CITY COUNCIL ON MAY 15, 1984 Country Club Markets Off -Sale Liquor License George's Golf Range, Inc. On/Off Sal,e Liquor License Tom Thumb No. 563 Off -Sale Liquor License Par 3 Golf, Inc. On -Sale Liquor License CITY OF MENDOTA HEIGHTS MEMO May 10, 1984 TO: Mayor, City Council and City Ad�strator FROM: Edward F. Kishel City Engineer SUBJECT: Creek Relocation Lot 2, Willow Springs Addition Job No. 8315 Improvement No. 83, Project No. 6 INTRODUCTION: For the past year, staff has been working with Mr. John Callahan in an effort to develop Lot 2, Willow Springs Addition by establishing grades to be used for filling the site so as to be able to subdivide the parcel into three (3) lots. It also required planning for the relocation of an existing creek by the use of a new ditch and control structures. After receiving a petition for Surface Watercourse Improvement from Arnold Kempe, attorney for Mr. Callahan, dated May 27, 1983, staff prepared an estimate for the preparation of a feasibility report. After receiving an escrow deposit of $1,500.00, the report was completed and submitted to the Planning Commission for the meeting of November 22, 1983, as well as to the City Council at the meeting of December 6, 1983. Based on comments by the Planning Commission and by the City Council, staff spent an excessive amount of time on studies and reports which amounted to a site grading plan for developing the lot as well as construction drawings and specifications for the ditch relocation. The City received informal bids for the ditch construction while the Developer was expected to clear the site, remove unstable materials and replace same with granular materials and was to fill the site to established grades as adopted by the Council. As the result of knowing the low bid and being able to establish the engineering overhead costs, the owner took time to develop clearing and site filling costs and determined not to proceed with improving the lot at this time but rather chose to try to sell the lot leaving development and sub- division to a new owner. The decision not to proceed was reported to staff by way of a telephone conversation with Mr. Kempe on May 4, 1984. ALTERNATIVES: 1. Council can proceed with the creek relocation on a 4/5 vote in anticipation of its future needs and to assess the costs to the property upon completion of the work, or it can defer the costs until a subdivision plat is resubmitted for approval. 2. The City Attorney advises that if the Council drops the matter now, they may bill Mr. Callahan for costs incurred inexcess of the escrow deposit. Total costs to date are $9,027.70, using our standard billing procedure, the escrow deposit is $1,500.00, leaving an excess of $7,527.70, the amount which may be billed. 3. The Council can drop the project for now and retain the excess amount of $7,527.70 to be included in assessments to be made when the property is developed,, some time in the future. RECOMMENDATION: Staff recommends that the Council drop the project for the time being and retain the accumulated costs until the property is developed. ACTION REQUIRED: Council is requested to direct staff to notify the "drainage ditch project" low bidder that the project will not -be constructed at this time: Council is requested to take appropriate action with regard to ex- penditures accumulated to date. CITY OF MENDOTA HEIGHTS MEMO May 10, 1984 T0: Mayor, City Council and City Admis�rVo r FROM: James E. Danielson Public Work Director SUBJECT: Valley View Oaks 2nd Addition Mississippi Critical River Corridor Public Hearing Case No. 83-02 Job No. 8308 nrcriigcrnm I have been in contact with Lorena Atkins, Mendota's Acting Mayor and Larry Culligan, Valley View Oaks developer on this matter and it appears at this point very questionable whether or not the proposed Joint Powers Agreement will ever even be acted on by the Mendota Council. Mendota was not able to act on the agreement in May because they did not have a quorum. Their June meeting is on the 12th. Larry is frustrated and would like to proceed with finalizing the platting of his house and one additional lot. The remainder would all remain as an outlot until 1986 or 1987 after Trunk Highway 110 is upgraded. This is the plan that was presented to you at his last hearing date. RECOMMENDATION: Staff agrees with developer's request and recommends Council approve preliminary plat. ACTION REQUIRED: If Council agrees with staff recommendation and wishes to implement, they should pass a motion approving the preliminary plat and direct staff to prepare the necessary resolution and developer's agreement for final approval. CITY OF MENDOTA HEIGHTS TO: Mayor, City Council and City FROM: James E. Danielson Public Works Director SUBJECT: Northland Land Company Conditional Use Permit Annexing of Land Case No. 84-03 DISCUSSION: MEMO Ad)G O� istrator May 9, 1984 Northland Land*Company has made arrangements with Johnson Broth- ers Corporation, in conjunction with their I-494 construction, to remove a high berm that blocks the view of their Industrial Park lots from I- 494. (See attached reports). The quantity of fill involved is +300,000 cubic yards and this requires a Mining Conditional Use Permit. By City Ordinance conditional use permits require public hearings at both the Planning Commission and Council levels. An abstractor's certificate was submit- ted by Northland and the only landowners being notified (within 350 feet) of this hearing was Northland themselves. Staff feeling this would be an unneededexercise, investigated the possibility of waiving the public hearing._ The City Attorney's office however, felt the ordinance did not allow for waiving the hearing and advised against it. There was not adequate time to publish for the public hearing for the April Planning Commission meeting so the matter was put before them for them to get the details and set the hearing only. The Planning Commis- sion felt that in spite of legal advice one public hearing (City Council) would be sufficient and recommended approval of the permit to Council without holding the hearing. The attorney's office seems to have softened on the matter and I believe are now (pending no surprises at the Council hearing) satisfied that one hearing will be adequate. RECOMMENDATION Staff recommends that, subject to execution of a developer's agreement by the Contractor who will be performing the work, Council approve a Conditional Use Permit for Mining. Also as part of this action, a small part of Eagan that is now isolated on Mendota Heights' side of I-494 will be useable by Northland for development. City Council should take the steps necessary to annex that land to Mendota Heights. Eagan will have to take the same steps and Northland will handle that action. ACTION REQUIRED: Should Council wish to implement Staff's recommendations, it should pass a motion adopting Resolution No. 84- , Resolution Ap- proving Conditional Use Permit for Northland Land Company; and Resolu- tion No. 84- , Resolution Providing For Concurrent Detachment and Annexation of Incorporated Land. M CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 84 - RESOLUTION PROVIDING FOR CONCURRENT DETACHMENT AND ANNEXATION OF INCORPORATED LAND WHEREAS, certain contiguous parcels of land falling within the corporate limits of the City of Eagan, at the southern boundary of the City of Mendota Heights, have been separated from the major portion of the City of Eagan as the result of I-494 construction; and WHEREAS, the parcels of land, currently owned by Northwestern Mutual Life Insurance Company, are bounded on the north by the southern boundary of a portion of the Mendota Heights Industrial Park; and WHEREAS, it is the intent of the owners of the property and Northland Land Company that the land be acquired by Northland Land Company; and WHEREAS, the property is isolated by the freeway from the majority of Eagan and is a natural extension of both, both abutting the Mendota Heights Industrial Park and the corporate limits of Mendota Heights; NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the City Council is desirous of annexing Parcels No. 1, 2, 3, and 4 shown and described on the Northwestern Mutual Life Insurance Company Composite Survey attached hereto; and BE IT FURTHER RESOLVED, that the Minnesota Municipal Board is hereby requested to order the concurrent detachment of the described parcels from the corporate limits of the City of Eagan and its annexation into the cor- porate limits of the City of Mendota Heights in accordance with the pro- visions of Minnesota Statutes, Section 414.061. Adopted by the City Council of the City of Mendota Heights this 15th day of May, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 84 - RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR NORTHLAND LAND COMPANY WHEREAS, Northland Land Company has applied for a Conditional Use Permit to remove approximately 300,000 cubic yards of sand from the United Properties Business Center property along I-494; and WHEREAS, the City has an interest in causing this project to be completed as proposed. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights that the Conditional Use Permit for Northland Land Company be hereby approved conditioned upon execution of a Developer's Agreemen concerning the protection of public facilities and erosion control 1Mnd7o ig ts, M* neso Adopted by the City Council of the City of Mendota Heights this 15th day of May 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By. Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk DEVELOPER'S AGREEMENT CONCERNING FILL REMOVAL FROM THE NORTHLAND BUSINESS PARK IN MENDOTA HEIGHTS, MINNESOTA This agreement, made and 'entered into this day of 1984, by and between the City of Mendota Heights, Dakota County, Minnesota, (hereinafter referred to as "City"), and Johnson Brothers, Inc., a corporation under the laws of the State of Minnesota, with address at 1500 South Lilac Drive, Minneapolis, Minne- sota 55416, (hereinafter referred to as Developer). W I T N E S S E T H: WHEREAS, Developer proposes to remove 300,000 cubic yards of sand from Northland Land Company's Business Center for filling purposes in the City withing I-494 located in Section 34, T28N, R23W; and WHEREAS, the City has an interest in causing this project to be completed as approved by City Council action. NOW THEREFORE, it is hereby agreed by and between the two parties as follows: 1. Developer agrees to remove fill and grade the subject area in accordance with the Grading Plan as approved by the City Council and attached hereto (Exhibit A). In the grading of the area, measures shall be taken to prevent any deleterious results to adjacent City streets. Topsoil shall be placed on all disturbed areas upon comple- tion of grading. Seeding shall be accomplished to establish a cover of vegetation as soon as possible after grading. 2. The Developer and his agents shall use extreme care during the grading process (which includes proper timing of restoration, seeding and erosion control) to protect and maintain existing: A. Private land characteristics; B. Public land characteristics; C. Public investments such as sewer and water mains, street surfacing, curb and gutters and storm sewer facilities. Any deterioration of public property due to erosion, silting, soil deposition or degradation shall be corrected immediately upon written direction from the Public Works Director. JOHNSON BROTHERS INC. By. Its CITY OF MENDOTA HEIGHTS Robert G. Lockwood, Mayor Kevin D. Frazell, City Administrator CITY OF MENDOTA HEIGHTS April 25, 1984 NOTICE OF HEARING ON APPLICATION FOR CONDITIONAL USE PERMIT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Mendota Heights will meet at 8:OOo'clock P.M., on Tuesday, May 15, 1984, in the City Hall Council Chambers at 750 South Plaza Drive, Mendota Heights, Minn- esota, to consider an application from Northland Land Company, for a Con- ditional Use Permit for land mining on Lots 2 - 6, Block 6, Mendota Heights Business Park. This property is located south of Northland Drive, westerly of Pilot Knob Road, easterly of TH 55. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Applicant Name: Last Address: Number & Street Telephone Number: Owner Name: ast Address:y/0 VNIM) Yr Number & Street CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST First City First Case No. ' 0 3 Date of Application Fee Paid ,SSV. 0 s1--17-.?Y Initial 3500 W. Ulf 15r. M Street Location of Property in Question: NOFMlIm D D1z1 V� City State Initial A51MINN. 55431 State Zip Zip Legal Description of Property: 1,c71.5 2 �3 ► H lv f f3�bGK (o DOt�r Nf5 • INDu51fiL1�1. per. - Atoa J, M&dofx/M5 . 130w Pam Type of Request: Rezoning Variance x Conditional Use Permit Conditional Use Permit for P.U.D. Minor Conditional Use Permit Subdivision Approval Plan Approval Wetlands Permit Other April 17, 1984 APR 17 1984 WRITER'S DIRECT LINE Mendota Heights Mendota Heights 750 South Plaza Mendota Heights, City Council and Planning Commission Drive Minnesota 55120 ATTN: Mr. Kevin Frazell OUR REQUEST: We respectfully request that the Planning Commission and City Council favorably consider and approve a conditioned use permit for excavation, grading, removal of material and relocation of the existing NSP gas pipeline on that part of Block 6 of our Mendota Heights Business Park as depicted on the attached Exhibits A and B. We also respectfully request that the City Council draft and approve a resolution by which a tract of ground, currently within the City of Eagan be annexed to the City of Mendota Heights and zoned the same as Mendota Heights Business Park with a zoning classification of I. This tract of ground is depicted and legally described on Exhibit C. OUR REASON: United Properties has been approached by Northwestern Mutual Life Insurance Company to consider the purchase of the strip of property owned by Northwestern Mutual Life Insurance Company lying between the southern boundary of Mendota Heights Business Park and the northerly right of way of I-494. This strip of ground which is located in the City of Eagan contains approximately 3.3 acres. The property slopes to the south at a 15 - 40% gradient and this land,.:!~ as it exists, is not useful to United Properties' Mendota Heights Business Park. In order for us to justify the purchase of this property, the existing NSP gas pipeline would have to be relocated adjacent to I-494 right of way and a Northland Fxecutive Office Center/3500 West 80th Street/ Minneapolis, Minnesota 55431/(612) 831-1000 April 17, 1984 Page 2 substantial amount of grading, including removal of material from the area incumbered by the existing NSP pipeline would have to take place. Also, since this property is in Eagan, the property would need to be'annexed by the City of Mendota Heights and made part of Mendota Heights Business Park. Minnesota Department of Transportation has recently received bids on the nearby I-494 project (SP-1909-61)which project will require importing clean fill material. This project provides the opportunity to grade the area in Block 6 of Mendota Heights Business Park to the elevations shown on Exhibit B. Accordingly, our purchase of the Northwestern Mutual Life Insurance Company property and the relocation of the 26" NSP gas pipeline to the location shown on Exhibit B could become feasible. OUR PROCEDURE: Simultaneously with the purchase of the Northwestern Mutual Life Insurance Company land and its annexation by Mendota Heights, we propose to enter into agreements with a General Grading Contractor and NSP for the grading and gas pipeline relocation respectively. ' It is our intention to have a General Grading Contractor enter into a working agreement with the City which would provide that the procedure and completion of the grading and material removal would meet with the City's specifications and approval. The order of events leading to the completion of grading and relocation of the NSP gas line are outlined below: (1) Grading and removal of the material within the property acquired from Northwestern Mutual Life Insurance Comapny in Eagan would be done first and completed by August 15, 1984. (2) Placement of the new gas pipeline in the approximate location shown on Exhibit B would commence around mid-August and be complete by September 15. April 17, 1984 Page 3 (3) Removal of the material over the existing jas 'lpine .and ;t,bm':plet on of g�i:ad.i�ng , r'incl`udi"ng seAing'," to `they eTlevation shown on Exhibit B would be completed by September 1, 1985. (4) Erosion control measures would be applied by the General Grading Contractor during the course of construction as required by the / City Engineering Department. Very truly yours, � vii George.I. Burkards Assistant Vice President GIB/cjt Attachments CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission FROM: James E. Danielson Public Works Director April 19, 1984 SUBJECT: Case No. 84-03, Northland Land Company -Conditional Use Permit III&SWILIRUGIbI Northland Land Company owns Industrial zoned property between TH 55 and Pilot Knob Road that fronts on I-494. This property has a high earth berm that screens that property from I-494. That berm could not be lowered in the past because a high pressure gas line that would be very expensive to relocate is on the top of it. Northland has found a prospective buyer for the fill in the berm and can use that money to finance relocation of the gas line. A small sliver of property between Northland's and the freeway is in Eagan and is owned by Northwestern Mutual Life Insurance Company. Northland has,in conjunction with this project, made arrangements to acquire that property. Northland also asks Mendota Heights to take the necessary steps to annex that property. Northland has submitted a letter with their application explaining all this in their own words. The letter is well composed and I refer you to it for more details on their request. RECOMMENDATION Staff feels that this project will enhance the saleability of these lots by making them visible from the freeway and thus be a benefit to both the developer and the City. The only landowners appearing on the Abstractor's list are the applicant and Northwestern Mutual (in Eagan), so staff has investigated waiving the requirements for a public hearing. However, the City Attorney has advised us that it would be necessary to hold the hearing. Staff recommends that the Planning Commission set a public hearing for the May 22nd meeting. JED:madlr 1 /.5 7n9 73 105 N6 76 — — ----------1------------- ------------------------------------------- --- :YP r, 797 797 2 3 4 •) P0n •, )00 ], YW'% I •110011 cr 7v, 7'IRA LIi ^,w 797 ll F3 II li II I; 6 � it Gp 1 htl«,1, �uKFe• � t q AND LY I. 3"0 S I n. w79 • JFJC IN 790 LV 7•A 7.923 1 ail` \. cJ �1 ; \� u•wo" 0 10 1 77e :00 I i 7 7N.A9 I I 1 n I 1 I]• .oe11 li f3 7 R 5 4 I 1 of roofs I 1 I ) I 1 /.5 7n9 73 105 N6 76 — — ----------1------------- ------------------------------------------- --- :YP r, 797 797 2 3 4 •) P0n •, )00 ], YW'% I •110011 cr 7v, 7'IRA LIi ^,w 797 ll fl 5 n jr •, •00 1 790 F3 7 6 Q 1 2 3 ONC.4?t1 q AND LY I. 3"0 N.1n0•1 I.,b011 IV yg11 H JOO'7 790 7•A 7.923 ell V fl 5 n jr •, •00 1 790 790 76491 1 2 3 4 5 I. 3"0 N.1n0•1 I.,b011 IV yg11 H JOO'7 790 7•A 7.923 ell V 0 10 H 10011 I•,]OOff It )00.1 I• )09f' b 1001: 74n 7!w '11,9 )1 765 q (1 J U� W J f LftSTA I E F+IGl lwnv r,0 404 •�'1/y 7:aC —.::. __. ....a .'rte': Z:'1:._•iS' .:..T �7�.—FT'2'�:'2': ��=i� ^SSI"`^_..ST"�" FWNt ATION "NDfAF—Y M �N DC1TP� �-tt✓I UFt'f'S $idyl N Ff�S PPc� K Exhibit A PLANNING REPORT DATE: CASE NUMBER: APPLICANT:_ _ LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 24 April 1984 84-03 Northland Land Company South of Northland Drive, Westerly of Pilot Knob Road Approval of Mining Permit 1. When the location for Interstate 494 was agreed upon with the then Minnesota State Highway Department about 25 years ago, it was agreed between Mendota -.Heights and Eagan that the freeway.contiguous to our industrial area"would be located entirely within the City of Eagan, and the freeway as it passes through the easterly part of Mendota Heights would-be located in Mendota Heights (leaving Blue Gentian Road as a service road on -the south side). This was done so as to increase to the maximum extent the industrial area in Mendota Heights so as to enhance our tax base. 2. When the right-of-way for I-494 was acquired, the north side of the right-of-way was not extended to the boundary line between the two communities. A strip of land was left which you can see on our attached sketch which consists of a long narrow strip between the right-of-way. This property is owned by Northwestern Mutual Life Insurance Company which purchased the Eagandale Industrial Park from Rauenhorst Corporation a few years ago. The intent was that ultimately this land would be added to the Northland Land Company's business center in Mendota Heights, and that the land would.be annexed to the City of Mendota Heights. The opportunity for that happening is now apparently in place. 3. At this point in time, there are several major construction jobs in the area which require granular fill. One of these is the further extension of I-494 from I -35E to Trunk Highway 149, under construction this year. This strip of land and the contiguous property to the north is high and has a gas line going through the land as well. If the gas line can be lowered, approximately 300,000 yards of granular material can be taken out. One of the results of such an excavation would be considerable improvement in the site lines from the freeway to the Mendota Heights Business Center. This grading proposal is illustrated on drawing made by Sunde Land Surveying, Inc. (see your package from the City). 4. Also attached is a statement from Northland Land Company regarding this proposal. 5. Representatives of Northland Land Company tell us that the City of Eagan has no problem with respect to this proposal inasmuch as they recognize the ability of annexing the land to the City of Mendota heights. This action can be taken if agreed upon by both cities and is a relatively simple procedure. 6. At this point, the question in consideration by the Planning Commission and Council is that of approval of a special use permit for the removal t ,of the granular fill, as it relates to that property within the City of ' hiend.o.ta HeL hts:: -t.$e,rmiCs' fr"om `.the Ci.t of Ea an will b -e. taken ,care of 1 �:. g,:. r .ter. eaM,: i y_ a r •, -g by `the 'applicants. 7. Obviously, the proposal considerably enhances the Business Center properties contiguous to the freeway, and increases the size of these lots. This will have a beneficial effect on the tax base of the City of Mendota Heights in the sense that there is more taxable land added to the City, and the potential for better development is enhanced by the increased visibility provided by the removal of the granular material along this strip. Timely action is appropriate inasmuch as it is obvious that the value of this.granular material makes it economically possible to purchase the land and relocate the gas line. It seems to be a situation where everybody wins; the City, Northland Land Company, Northwestern Mutual Life Insurance Company, and the contractors involved in the removal of the granular material. 8. It would appear that the City's best interests are served by approval of this permit. The approval can be subject to the excavation occurring as is shown on the Sunde Land Surveying Exhibit B, dated 28 February 1984. All 16 SUBJECT1PROPERTY NORTH V-800' :ice:'• -��._ — 1 ;�:��� � - •,j �.., . _ :;� .... _77 Ll tWIV 16 SUBJECT1PROPERTY NORTH V-800' C ITY OF MEIN"DOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. A=Q s Date of Agplication T -//- Fee Paid aEt111Vjo Applicant Name:Dodd Construction Company Last First Initial Address: 1094 Ivy Hill Drive Number & Street Telephone Number: 755-1860 Owner Name: Same Last Address: Same Number & Street First Street Location of Property in Question: 1094 Ivy Hill Drive Mendota Heights Minnesota 55118 City State Zip City Legal Description of Property: Lot 2, Block 1, Ivy Keep II Addition Initial State Zip Type of Request: Rezoning Variance Conditional Use Permit Conditional Use Permit for P.U.D. Minor Conditional Use Permit _ Subdivision Approval — Plan Approval Wetlands Permit -�_ Other dodd construction corp. 4917 Rolling Green Parkway, Minneapolis, Minnesota 55436 • (612) 927-9104 City of Mendota Heights 750 So. Plaza Drive Mendota Heights, Minnesota Ref: 1094 Ivy Hill Drive Mendota Heights, Minnesota Dear Sir; In view of the small amount of work involved in this variance, we would appreciate your considering waving this ($250.00) Two Hundred Fifty Dollar charge. Dodd nstructi.on Company Richard R. Einck: President May 2, 1984 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING ON APPLICATION FOR EASEMENT VACATION TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Mendota Heights will meet at 8:15 o'clock P.M., on Tuesday, May 15, 1984, in the City Hall Council Chambers at 750 South Plaza Drive, Mendota Heights, MN, to consider a request from Dodd Construction Company for the vacation of a 10 foot wide drainage easement. More particularly, this easement is located within Lot 2, Block 1, Ivy Keep II Plat, and is otherwise known as 1094 Ivy Hill Drive. This notice is pursuant to City of Mendota Heights Ordinance No. 302. Such persons as desire to be heard with reference to the proposed easement vacation will be heard at this meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO ?- �a Y May 8, 1984 � TO: Mayor, City Council and Cit Admffnistrator FROM: James E. Danielson Public Works Director SUBJECT: Vacation of Utility Easement - Ivy Keep Plat II Case No. 84-05 nrrniirrrn.t _ In platting Ivy Keep II, Dodd Construction kept an existing utility easement through Lot 2, Block 1; now a townhouse is built upon the lot and a prospective buyer wants to use VA financing to purchase it. He can not obtain that financing until the easement is vacated. Staff feels that the City has no use for that easement either now or in the future. (See reverse for a copy of the pertinent portion of the plat.) RECOMMENDATION: Staff recommends vacating this easement. ACTION REQUIRED: If Council wishes to implement staff's recommendation it should pass a motion adopting Resolution No. 84- , Resolution Authorizing Vacation of Utility Easement in the Ivy Keep II Plat. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 84 - RESOLUTION AUTHORIZING'VACATION OF UTILITY EASEMENT IN THE IVY KEEP II PLAT WHEREAS, on May 15, 1984, the City Council conducted a public hearing to consider the vacation of a utility easement within Lot 2, Block 1, of Evy Keep II Plat; and WHEREAS, a petition has been duly presented to the City Council of the City of Mendota Heights by Dodd Construction Company for the vacation of a 10 foot wide utility easement located within Lot 2, Block 1, of Ivy Keep II; and WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minnesota Statutes; and WHEREAS, a public hearing was held on said vacation on Tuesday, May 15, 1984, at 8:15 o'clock P.M., at the City Hall of the City of Mendota Heights;iand WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the utility easement described above, situated in the City of Mendota Heights, is in the best interests of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described utility easement be and the same is hereby vacated. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in ac- cordance with the applicable Minnesota statutes. Adopted by the City Council of the City of Mendota Heights this 15th day of May, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk y�z y/cp5' 7-C' = /W EAkD OTA t f El GH TS Gv LWS-- � -o �rck%N4�F �AS�MENt C6,,Y F To O "A �tttEivr/oy 7W,47- A J�i4 ///AGE r4sEi�,�ivr Ex /s rs -Tyy' .�T %cJ J. � iS ,E"�SEME.vT al IVY KE F fl T ScTi w��cy GVs1 s URA L Rl d7o �s uc-7/oirc�u �s �s x'11-5EM I/+/r �1 �- L �S'�l sv/ T•/i-/C v f�i� `57`D I�/�t -S r w c .� s CITY OF MENDOTA HEIGHTS ' MEMO May 9, 1984 TO: Mayor, City Council and City inistrator FROM: James E. Danielson Public Works Director SUBJECT: Curley's Addition - Bike Trail Job No. 8418 DISCUSSION: The concerned Curley Addition residents met with the Park .and Recreation Commission at their regularly scheduled May 8, 1984 meeting. I attended the meeting and presented a "neighborhood plan" that was prepared by City Staff and the previously approved "City Staff Plan". 11 The Park and Recreation Commission felt very strongly that this lot was not intended to be a park facility and they were not willing to expend park funds for its upgrading or maintenance. The Park and.Recreation Commission therefore continue to recommend to the City:Council the City Staff Plan which allows for recovery of construction costs by sale of the lot. RECOMMENDATION: Staff agrees with the Park -and Recreation Commission and continues to recommend Council.- follow the previously adopted plan. Staff would agree that certain conditions be put on the sale of the lot to insure a home compatible with the rest of the neighborhood be constructed on it. CITY STAFF PLAN 8418 May 4, 1984 1. 80 L.F. 18" RCP @ 25 = $2,000 2. 2 EA 18" Aprons @ 250 = 500 3. 1 EA Catch Basis @ 800 = 800 4. 273 L.F. 8 Ft. Bituminous @ 6 = 1,620 Path 5. 1 Lump Sum Site Grading @ 1,000 = 1,000 6. 2,500 S.Y. Seed & Mulch @ 0.30 = 750 7. 200 C.Y. Topsoil Borrow @ 6.00 = 1,200 8. 20 EA 4 ft. spruce or @50.00 = 1,000 whatever 9. 130 S.Y. Sod @ 1.00 = 130 $9,000 + 407 Eng. Cont. 3,600 $12,600 NEIGHBORHOOD PLAN 1. 240 `" IF 18" RCP @ 20 2. 1 EA 18" Apron @240 3. 2 EA 4' Dia. Manhole @800 4. 260 LF 8' Bit. Path @ 6 5. 150 IF Fence @ 6 + 407 Eng. Cont. 8418 May 4, 1984 = 4,800 240 = 1,600 = 1,560 900 $9,100 3,640 $12,740 0 \0000000000,0000 CITY OF MENDOTA HEIGHTS Park and Recreation Commission MINUTES May 28, 1975 Present Absent Shipman Murphy Lundeen Witt Franzmeier Finn Mills Johnson Howe Selander 1. Minutes of April 30, 1975 meeting approved. 2. Report on Municipal Facilities. Johnson reported that at the May 13 Council meeting the need for a municipal building was discussed. This would include a Public Works garage, administration offices and perhaps a water storage tank. 3. Summer Recreation -- Selander reported that summer staff is set, and women's softball has been organized. -- Motion was made by Witt that due to lack of interest, no swimming lessons be offered at Rogers Lake this summer. Seconded by Murphy. Passed. -- Increase of beach size at Rogers Lake would be on an "as needed" basis. -- Signs will be posted at Tennis Courts indicating times of tennis lessons. -- Franzmeier to look into cost of backboards for tennis courts. 4. Park -A -Rama. Witt reported on progress made and showed the tentative schedule of events and brochure. Next Park -A -Rama meeting - June 12. 5. Filling of Pond -- East side of Rogers Lake Road. -- Discussion with residents on some problems with noise after hours on beach and parking lot. Action: Signs posting hours, and more Police enforcement. -- Area resident agreed to filling of pond to widen road into park. 6. Curley Addition. Johnson reviewed discussion with Allen and Curley regarding sites in the area. A motion was made by Murphy to buy Lot 10 (Allen's) and a portion or, if necessary, all of the 100 foot by 700 foot unplatted area belonging to Curley. Seconded by Witt. Passed.- Thi's area would provide open space and a playground for residents as well as provide for access•to Rogers Lake. T ,July 1, 1975 CASE NO. 75-15, The Council discussed the application from the Country Club COUNTRY CLUB Market to install signs on the facade of the Mendota Plaza. ;•ii�!t} !:TS It was noted that the Planning Commission had recoirJnended approval of the allocation of 320 square feet of sign space on the north side of the building and a sign of 60 square feet on the west side. Several members of the Council expressed questions and concerns, particularly since a sign layout has not been submitted and representatives of the Country Club Market were not present at the meeting to answer the questions. As a result of the discussion, the Council appointed Councilmen Losleben and Wahl to serve as a committee to meet with Country Club representatives. The matter was tabled to July 15 pending a report from Councilmen Losleben and Wahl. PARK AND RECREATION The Council acknowledged receipt of a memo from Park and Administrator Johnson stated that the Park Commission has also held a considerable amount of discussion on the purchase of the McGough property for expansion of the Ivy Falls Park and on the possible construction of double tennis courts at the Ivy Falls Park and the Rogers Lake Park. He stated that he has been in contact with Mr. Jerry McGough regarding acquisition of property, consisting of approximately four lots, adjacent to the park. He further stated that Mr. McGough's current asking price for the property is $35,000 and that at the June 25 Park Commission meeting several residents from the Ivy Falls area indicated that they would raise money to contribute toward the purchase of the property. Mr. William Paper, 1126 Sylvandale Road, informed the Council that $7,000 has been collected for this purpose. He stated that neighborhoc representatives will be present at the July 15 meeting. CO!-d�1ISSI0N Recreation Commission Chairman Kevin Howe regarding proposed acquisition of property in the Curley Valley View area and adjacent to Ivy Falls Park, and proposed construction of two additional double tennis courts. Administrator Johnson stated that at the June 25 Park Commission meeting the Commission spent a considerable amount of time discussing the necessity for acquiring property to provide an access way between Curley's Valley View Addition and Rogers Lake Park. The Commission recommended the acquisition of Lot 10, Curley's Valley View Addition from Richard Allen for approximately $10,000 and a portion of Outlot A from Thomas Curley for a purchase price of $6,500 or less. This would allow access from the Curley Valley View area to Rogers Lake Park as well as provider. open s ace or informal recreational activities or area residents. After a brief discussion, Councilman Losleben moved that the staff be directed to proceed with negotiations for the purchase of Lot 10 and a portion of Outlot A. Councilman Lockwood seconded the motion. P_yes: 4 Nays: Mayor Huber pointed out that Mr. McGough will be expected to contribute a park donation upon approval of his final plat. He further stated that Mr. McGough must be informed that a park donation will be required. 0 Mayor Huber pointed out that Mr. McGough will be expected to contribute a park donation upon approval of his final plat. He further stated that Mr. McGough must be informed that a park donation will be required. CITY OF MENDOTA HEIGHTS MEMO May 9, 1984 TO: Mayor, City Council and City AdAnistor FROM: Edward F. Kishel s, City Engineer SUBJECT: Street Acquisition Brookside Lane Job No. 8417 INTRODUCTION: In September 1953, Brookside Lane east of Laura Lane was vacated by a District Court Order. The vacation order was not recorded until July 1974. Prior to the recording, the City obtained a sewer and water ease- ment over the vacated street, said easement being filed on October 22, 1962. Thus the City had a sewer and water easement and maintained the dead end street to serve landlocked properties on what was actually private property. Some time ago, Francis Stelter, 644 Brookside Lane, contacted City Hall with the request that the City take steps to reacquire that street right of way on the south half of the vacated street so that the City can legally maintain the paved street. nTgrllgqTnm- Some time ago, staff requested a legal search of the matter by the City Attorney. Finally on March 14, 1984, the City Attorney submitted the attached report outlining the situation to date. The City Administrator then directed staff to follow through in an effort to re-establish the right of way for a paved street on the south half of the previously vacated street. Three (3) property owners, affected by the vacation, were recently contacted in writing and given an explaination of the situation and were requested to respond to a City proposal to obtain the needed street right of way by Quit -Claim Deed (rather than a street easement). All owners have now responded affirmatively. RECOMMENDATION: Staff recommends that the City Attorney be directed to prepare the necessary quit claim deeds, to have staff negotiate the property owner's signatures and to record the documents after approval by the City Council. ACTION REQUIRED: Council is requested to pass a motion authorizing the preparation of the Quit Claim Deeds and to approve the legal expenses involved. SHERMAN WINTHROP ROBERT R WEINSTINE THOMAS J. SEXTON RICHARD A. HOEL ROGER D. GORDON STEVEN C. TOUREK HART KULLER DAVID P. PEARSON THOMAS M. HART IY DARRON C. KNUTSON DOUGLAS B. ALTMAN WENDY WILLSON LEGGE MARK J. BRIOL GIRARD P. MILLER MICHELE D. VAILLANCOURT MARY M. COLLINS JON J. HOGANSON PEGGY A. NELSON JAY R. NAFTZGER SCOTT J. DONGOSKE WINTHROP, WEINSTINE & SEXTON ATTORNEYS AND COUNSELLORS AT LAW 1600 CONWED TOWER 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101 March 14, 1984 Mr. Kevin Frazell City Administrator City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Kevin: (612) 292-6110 You have asked for our report with respect to the status of that portion of the street known as "Brookside Lane" between Dodd Road and one block to the north of Dodd Road. For your information, we are enclosing a drawing showing in red that portion of Brookside Lane to which your inquiry was addressed. Pursuant to a street vacation proceeding brought before the District Court of Dakota County, Minnesota, on September 19, 1953, the Court ordered the vacation of the street in question. The order providing for the vacation was filed in the office of the Register of Deeds of Dakota County, Minnesota, on July 30, 1974, as Document No. 437331. Under the terms of the vacation proceeding, title to the north half of the street was vested in the Independent School District and title to the southerly half of the street was vested in the adjacent property owners. The Order of Vacation specifically provided that title to that portion of the southerly half of the street adjacent to the property owned by Mr. and Mrs. Francis Stelter was to be vested in them. The legal description of the Stelter property is Lots 1 and 2, Block 1, T.T. Smith's Subdivision No. 4. By Easement dated October 17, 1962, and filed on October 22, 1962, in Book 278 of Deeds on page 397 of the Register of Deeds of Dakota County, the Stelters conveyed a permanent easement for sewer and water purposes over the thirty-foot strip of land which was the portion of the street which accrued to their Mr. Kevin Frazell Page 2 March 14, 1984 property by reason of the vacation proceedings. It is my recol- lection that similar permanent easements were obtained from all of the property owners abutting on the southerly side of the street in question. '1 l Based on our examination of the relevant documents, it would appear that there is no dedicated street of record over the property in question although the City does in fact have a permanent sewer and water easement over the southerly 30 feet of the former street. If you have any questions or desire any additional information in this connection, please do not hesitate to ask. Sincerely yours, WINTHROP, WEINSTINE & SEXTON By - Sherman Winthrop SW:srl Enclosure 1 .. CITY OF MENDOTA HEIGHTS MEMO May 10, 1984 TO: Mayor, City Council and City A inistrator FROM: James E. Danielson Public Works Director SUBJECT: 528 Annapolis - Handicapped Parking Stall WSCIVs_qTnN - Edward Cartier's wife has MS and he has a bad back. He lives on a through lot, one fronting on two streets - Annapolis and Fremont. He transfers his wife into their vehicle on Fremont but has had great difficulty in keeping the curb section he built for that purpose open. He has over the years asked his neighbors not to park there, however guests never seem to get the word. He first contacted Chief Delmont for assistance and then me. I told him that putting a handicapped parking stall there would be a policy decision and to write a letter of request to the City Council. He has submitted that letter and is attached. I contacted Kurt Strom at the Council for the Handicapped (a State office) and he informed me that state law is written to cover off-street handicapped stalls only. If Council would desire to put a handicapped stall for Mr. Cartier an ordinance would have to be adopted for on -street handicapped parking. Minneapolis and St. Paul have adopted such ordinances. ACTION REQUIRED: This matter is submitted for policy discussion and if Council desires to proceed, staff should be directed to prepare the applicable ordinance for Council review. I I 0 too* -tr job c� k MEMO �P� TO: Mayor City Council and City Adm'nistrator FROM: Kathleen M. Swanson City Clerk SUBJECT: Proposed Liquor Licensing Ordinance Introduction May 11, 1984 The purpose of this memo is to re -introduce the proposed liquor ordinance and discuss a number of changes incorporated in this, the third draft. it should be noted that the attached document is not intended to be a final draft, but that Council direction on a number of significant issues is necessary prior to referral of the next draft to the City's legal counsel. History and Background The 1984 Work Program established a timeline for preparation through adoption of a liquor licensing ordinance. Most of the ordinance provisions were drafted in 1982. The most recent copy was distributed to the Council in July, 1982. The Bloomington liquor licensing ordinance served as the basic model, however provisions contained in ordinances adopted by several other communities were studied, re -written and incorporated into our proposed ordinance. As was noted in all other communications to the Council relative to this issue, the proposed provisions are more restrictive in several areas than are the Bloomington provisions, and vastly more restrictive than many of the Dakota County communities. As currently written, the restrictiveness of the ordinance should result in issuance of on -sale licenses only to large, high-quality restaurants and hotel/motels. Discussion A number of issues ancillary to liquor licensing ordinance adoption must also be considered, and a timetable for their consideration should be established. The City Code currently includes a municipal liquor ordinance and non -intoxicating liquor dispensing regulations which must be addressed. The Council must also formally address the issue of Sunday liquor sales. It is currently anticipated that the final draft of the licensing ordinance will be submitted for Council adoption (after legal review) at the second regular meeting in June. An ordinance which will rescind the municipal liquor provisions will be submitted for Council consideration and adoption at the same meeting. The non -intoxicating liquor regulations have, to my knowledge, not been reviewed in the past 12+ years and have therefore not been updated to reflect legislative action, nor do those regulations necessarily "mesh" with a number of provisions contained in the Liquor Licensing -2- the attached document. A proposed ordinance to update the non -intoxicating liquor ordinance will be distributed for Council consideration at the June 5th meeting. State Statutes provide that hotels, restaurants and clubs to which on - sale liquor licenses have been issued may serve intoxicating liquors on Sunday. The provisions only become effective, however, upon authorization of the voters at a special election or at a general City election. Since the general City election will be conducted in November, the Sunday liquor questions could be placed before the electorate at little additional cost for election processing. It was the concensus of the Council during the past liquor licensing discusssions that if licensing provisions were to be adopted, the Sunday liquor issue should be placed before the voters. In consideration of past discussions, two sections of the ordinance have been reserved for Sunday liquor provisions. A recommendation for Council action to authorize the placement of the liquor issue on the November ballot will be submitted to the Council in August if intoxicating liquor licensing regulations are ultimately adopted. Alternatives/Direction Needed In several memos which were prepared on the liquor issue, a number of questions were presented to the Council. Council direction relative to those questions has been incorporated in the attached draft. Statute changes since 1982 are also reflected therein. A number of additional items must be brought to your attention before final drafting of the regulations can be accomplished. Those items, and corresponding recommendations follow: a. Hours. .of Operation. The questions relating to hours of operation are specific to off -sale establishments. As was mentioned in earlier discussions, the statutes allow municipalities to establish off -sale closing hours between 8:00 A.M and 10:00 P.M: exclusive of Sundays and certain holidays. The common closing hour requirement in northern Dakota County communities is 8.700 P.M. on weekdays and 10:00 P.M. on week -ends. For various reasons, and with Council concurrence in 1982, the weekday closing hour would be established (in the attached) at 9:00 P.M. State Statutes establish certain holidays on which off -sales may not be conducted. Those provisions are reflected in our draft. The past documents submitted to the Council restricted sales 'on Memorial Day and Labor Day, reflecting Bloomington and Apple Valley language. The statutes do not, however, restrict sales on those holidays. It is most likely that changes in the statutes have occurred but have not been made in the regulations of many other communities. Since the Mendota Heights regulations would, if adopted, be current in all other provisions, it seems appropriate that sales be allowed on all days not restricted "'ti the Statutes. Section 12 has been re -drafted to reflect this logic, however, Council consideration of this change is requested. n Liquor Licensing -3- b. Liquor/Food Sales Ratio - While it was our intent to present very restrictive regulations, I believe that at least one of the provisions is too restrictive. As the result of very recent discussions with Bloomington's City Attorney relative to the effectiveness and enforcement of Bloomington's regulations, I was informed of past litigation which, while ultimately settled out of court, questioned the legality of requiring that 40% of the sales of an establishment holding an on -sale license be food sales. The 40% requirement has been retained by Bloomington and was originally established after very considerable research and input from restaurant and hotel industry representatives. It seems prudent that I therefore recommend that the language in the attached draft be adjusted from 55% food sales to 40% food sales. (Reference Section 11.21.) c. Number of Off -Sale Licenses. There has been no determination on the number of off -sale licenses which should be allowed under the ordinance. M.S.A. 340 allows communities of the fourth class to establish a maximum within their own regulations. As written, the attached draft would only allow off -sale licenses in shopping center zoning districts, thus in effect implying that only one such license would be issued. Council direction on both the number of licenses to be issued (maximum) and zoning districts in which facilities could be located is necessary. (Reference Sections 10.2 and 22.2.) Section 10.3 of the draft stipulates size requirements for off - sale facilities. These requirements (3,000 square feet of ground floor area for sales and display and 1500 square feet of storage area) were based on the MGM Liquor facility which was proposed to be located in the shopping center in 1982.' The space requirements are extremely large and should perhaps be decreased to allow a license application for a more typical off -sale facility. d. Special Permits. We have not incorporated provisions for special, one -day permits for intoxicating liquor sales into this draft, however M.S.A. 340 does provide that non-profit organizations may be given special permits. A section which would allow up to ten special permits annually could easily be drafted and incorporated into the regulations. Council direction on this matter is requested. i e. Restaurant Size/Seating Requirements. There has been considerable discussion on the size and seating requirements in prior drafts. We have made no change from the most recent draft but bring the topic to Council's attention and request that the Council concur with the provisions or give further, direction. f. Distance from Schools and Churches. The locations of both on -sale and off -sale facilities are restricted within specific distances from church and school properties. Guy has drawn those distances on a zoning map which will be reviewed Tuesday evening. Liquor Licensing -4- Prior to final adoption of regulations, Council direction will be necessary relative to the distance requirements. The distances established in the attached document will preclude the issuance of on -sale licenses in all areas of the City other than the shopping center, industrial park and the small B-2 District northeast of T.H. 110 and T.H. 149. Action Required No Council action is required or recommended with regard to the adoption of liquor licensing and regulation ordinance provisions at this time. It is requested, however, that Council authorize staff to proceed with the re -drafting of the document after direction is given on the foregoing questions and to submit the finalized draft to the City Attorney for review. Specifically, we request that Council answer the following questions: 1. Hours of Operation: Should off -sale facilities be permitted 110 to operate until 9:00 P.M. on weekdays? Should off -sales be permitted on"Memorial Day and"Labor Day?'' Pr ,` 2. Liquor/Food Sales Ratio: Should the food sales ratio be V reduced to 407.? 3. Number of Off -Sale Licenses: How many off -sale licenses (776.should be issued? � Should off -sale licenses be restricted to B-4 Districts? �4h Off -Sale Facility Size: Should the space requirement for off- s� flit;�es _be reduced? 5. Special Permits: Should a new ordinance section be drafted to 3 Q. permit the issuance of special, one -day on -sale permits for 4 non-profit organizations? 6. Restaurant Size/Seating Requirements: Should the size and sea ing requirements for restaurants be changed? 7. Distance from Churches and Schools: Should the required distance from church and school facilities be reduced to j� allow on -sale license applications closer to such facilities V X 0, than 800 and 1,000 feet respectively? a— atU 1 000 n ATTACHMENT NO. 1 COMPARISONS/SIZE REQUIREMENTS Bloomington Examples of 10,000 square Steak & Ale feet facilities Lincoln Del Mother Tuckers Eddie Websters Victoria Station Stonewings West Saint Paul Examples of 6,000 square Ground Round (Seats 296) feet facilities Senor T's (Seats 250) Other seating examples: Sirloin Room (Seats 140) O'Gara's (Seats 175) Fireside (Seats 80 up) (Seats 75 down) Gallaghers (Seats 100) Red Door (Seats 150) 9 Examples, non -licensed: Mr. Steak (Seats 135) 3,100 S.F. Ponderosa (Seats 180) Other Parker House (Seats 200-250) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS SECTION 1. DEFINITION OF TERMS 1.1 Church - A building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. 1.2 Club and Bona Fide Club - Shall be the same as defined in the laws of the State of Minnesota, M.S.A. Chapter 340, amended. 1.3 Exclusive Liquor Store - An establishment used exclusively for the sale, at retail, of intoxicating liquor, non -intoxicating liquor, non -intoxicating malt beverages and soft drinks off sale and under the control of an individual owner or manager. Sales of ice, cigars, cigarettes and all forms of tobacco shall be permitted in an exclusive liquor store subject to the provisions of applicable City licensing ordinances. 1.4 Fiscal Year - The twelve (12) month accounting period used for accounting and income tax purposes. 1.5 Hotel and Motel - Any establishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests on the ground floor; which employs an adequate staff to provide suitable and usual service; and which maintains under the same management and control as the rest of the establishment and has an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public is, in consideration of payment thereof, served meals at tables. 1.6 Intoxicating Liquor - Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent alcohol by weight. 1.7 Manufacturer - Every person who by process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. 1.8 Minor - Any person who has not attained the age of 19 years. 1.9 Off -Sale - The sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. LIQUOR ORDINANCE -2- 1.10 On -Sale - The sale of intoxicating liquor by the glass, bottle or by the drink for consumption on the premises only. 1.11 Package or Original Package - Any corked or sealed container or receptacle holding intoxicating liquor. 1.12 Person - A natural person of either sex, co -partnership, corporation and association of persons, and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 1.13 Restaurant - Any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 200 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs adequate staff to provide for the usual and suitable services to its guests, and the principal part of the business of which is the serving of foods. 1.14 Sale and Sell - All barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law and also include the usual meaning of the terms. 1.15 Wholesale - Any sales for purposes of resale. 1.16 Wholesaler - Any person engaged in the business of selling intoxicating liquor to retail dealers. SECTION 2. LICENSE REQUIRED i 2.1 No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City, any intoxicating liquor without first having received a license to do so as provided in this Ordinance. Intoxicating liquor licenses shall be of four kinds: "On -Sale," "On -Sale" Wine, "On -Sale" Club and 'Off -Sale." 2.2 "On -Sale" licenses shall be issued only to hotels, motels and restaurants. 2.3 "On -Sale" Wine licenses shall be issued only to restaurants, as defined in this Ordinance, having facilities for seating not fewer than 50 guests at one time, and shall permit only the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. 2.4 "On -Sale" Club licenses shall be issued only to bona fide clubs which have been in existence for 15 years. Such clubs shall be incorporated in order to be eligible to apply for a license, and the license shall be for the sale of intoxicating liquors to members and bona fide guests only. 2.5 'Off -Sale" licenses shall be issued only to exclusive liquor stores which shall be located only in B-4 Zoning Districts. 2.6 Reserved. LIQUOR ORDINANCE -3- SECTION 3 APPLICATION VERIFICATION Every application for a license to sell intoxicating liquor shall be verified and filed with the City Clerk. SECTION 4 APPLICATION CONTENT In addition to the information which may be required by the State Public Safety Commissioner's form, the application shall contain the following: 4.1 Whether the applicant is a natural person, corporation, partnership or other form of organization. 4.2 Type of license applicant seeks. 4.3 If the applicant is a natural person, the following information: 4.3(1) True name, place and date of birth, and street residence address of applicant. 4.3(2) Whether applicant has ever used or been known by a name other than his true name; and if so, what was such name or names and information concerning dates and places where used. 4.3(3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 33, Minnesota Statutes, certified by the Clerk of District Court shall be attached to the application. 4.3(4) Whether applicant is married or single. If married, true name, place of birth, and street residence address of applicant's spouse. 4.3(5) Whether applicant and present spouse are registered voters and if so, where. 4.3(6) Street addresses at which applicant and present spouse have lived during the preceding ten years. 4.3(7) Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding -ten years. 4.3(8) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. 4.3(9) Whether applicant or his spouse or a parent, brother, sister, or child of either of them has ever been convicted of any felony, crime, or violation of any ordinance other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. LIQUOR ORDINANCE -4- 4.3(10) Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. 4.3(11) Whether applicant has ever been in military service. If so, applicant shall upon request exhibit all discharges. 4.3(12) The name, address, and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law or who is a brother-in-law or sister-in-law of the applicant or his spouse. 4.4 If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subsection 4.3 above. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application; and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificates certified by the Clerk of District Court shall be attached to the application. 4.5 If the applicant is a corporation or other organization and is applying for an "on -sale," "on -sale" wine or "off -sale" license, the following:_ 4.5(1) Name, and if incorporated, the state of incorporation. 4.5(2) A true copy of Certificate of Incorporation, Articles of Incorporation, or Association Agreement and By -Laws; and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. 4.5(3) The name of the manager or proprietor or other agent in charge of the premises to be licensed, the assistant manager(s), the food manager(s), and the beverage manager(s), giving all the information about said person(s) as is required of a single applicant in subsection 4.3 above. 4.5(4) Notwithstanding the definition of interest as given in Section 9.11 of this Ordinance, the application shall contain a list of all persons who singly, or together with their spouse, or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five percent or who are officers of said corporation or association, together with their addresses and all information as is required of a single applicant in subsection 4.3 of this section, except that applications for "off -sale" shall list all persons who own or control any interest in said corporation. 4.6 If the application is for an "On -Sale" Club license, the following information: LIQUOR ORDINANCE -5- 4.6(1) The name of the club. 4.6(2) Date the club was first incorporated. True copies of the Articles of Incorporation, By -Laws and other similar governing documents and the names and street addresses of all officers, executive committee members, directors and persons in similar capacities shall be submitted for each of the organizations named in subsection 4.6(1) above. 4.6(3) Date the club was first organized and place of such organization. 4.6(4) Sworn statement that the club has been in existence for more than fifteen (15) years. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. 4.6(5) The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an on -sale license as is set forth in subsection 4.3 above. 4.7 The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of distances to the nearest church building and school grounds. 4.8 The floor number and street number where, the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an on -sale license shall submit a floor plan of the dining room, or dining rooms which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 4.9 If a permit from the federal government is required by the Laws of the United States, whether or not such permit has been issued, and if so required, in what name issued and the nature of the permit. 4.10 The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc. and proof of the source of such money. 4.11 The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade, the nature of such interest, amount thereof, terms of payment, or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagors, lendors, lien holders, trustees, trustors, and persons who have consigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant. 4.12 The names, residences, and business address of three persons, residents of Dakota County, of good moral character, not related to the applicant or finan- cially interested in the premises or business, who may be referred to as to the applicant's character, or in the case of a manager, the manager's character. LIQUOR ORDINANCE -6- 4.13 Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. 4.14 Whenever the application for on -sale license to sell intoxicating liquor, or' for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Code Enforcement Officer, no plans need to be filed with the City Clerk. 4.15 Such other information as the City Council shall require. SECTION 5 RENEWAL APPLICATION 5.1 Application for the renewal of an existing license shall be made at least sixty -(60) days prior to the date of expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this Ordinance are complied with, grant the application. 5.2 At the earliest practicable time after application is made for a renewal of an on -sale license, and in any event prior to the time that the application is approved by the City Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve (12) month period immediately preceding the date for filing the renewal application. A foreign corporation shall file a current Certificate of Authority. SECTION 6 EXECUTION OF APPLICATION 6.1 If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license, bond and insurance shall be made and issued in the name of all partners. SECTION 7 LICENSE FEES 7.1 Amount - the annual license fees shall be: 7.1(1) "On -Sale" license - $10,000.00. 7.1(2) "On -Sale" Club license - $200.00. 7.1(3) "On -Sale" Wine license - $2,000.00. 7.1(4) "Off -Sale" license - $150.00. 7.1(5) Reserved. LIQUOR ORDINANCE -7- 7.2 The annual license fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license or upon withdrawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. 7.3 The fee for all on -sale licenses granted after the commencement of the license year shall be prorated on a semi-annual basis. 7.4 When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. .7.5 No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by subsection 7.9 of this section and except where a new application is filed for a transfer of license from place to place and is for premises where the building was not ready for occupancy at the time of the original application and the new application is filed within ninety (90) days after approval of the original license by the City Council but before a Certificate of Occupancy for the original location has been issued, no additional license fee is required and the investigating fee shall be as specified in subsection 7.8 of this section. 7.6 No part of the fee paid for any license shall be refunded except in accordance with this section. 7.7 At the time of each original application for a license, except in the case of an "On -Sale" Club license and except as provided in subsection 7.5 above, the applicant shall deposit $500.00 with the City for the investigation fee. If the investigation is conducted solely within the state of Minnesota, the fee shall be $500.00. For investigations conducted outside the State of Minnesota, the City may recover the actual investigation costs, not to exceed $10,000.00. Any fees due in excess of the $500.00 deposit must be paid prior to the license hearing and before the City Council considers the application. No investigation fee shall be refunded. 7.8 At any time that an additional investigation is required because of a change in the ownership or control of a corporation; because of an enlargement, alteration, or extension of premises previously licensed; or because of a transfer from place to place, which transfer comes within the exception expressed in subsection 7.5 above, the licensee shall pay an additional license fee to be determined as in subsection 7.7 above. If any person not previously listed as having an interest of five percent or more of the corporation gains at least 50 percent of the owner- ship of the corporation, the additional investigation fee shall be the same as in subsection 7.7. In all other cases, the additional investigation fee shall be $100.00. No investigation fee shall be refunded. 7.9 Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional license fee will be required. LIQUOR ORDINANCE -8- SECTION 8 GRANTING OF LICENSES 8.1 All applications for a license shall be referred to the City Clerk and the Chief of Police and to such other City departments as the City Administrator shall deem necessary for verification and investigation of the facts set forth in the application. The City Clerk and the Chief of Police shall cause to be made such investigation of the information requested in Section 4.3 of this Ordinance as shall be necessary and shall make a written recommendation and report to the City Council, which shall include a list of all violations of federal or state law or municipal ordinance. The City Council may order and conduct such additional investigation s it shall deem necessary. Upon receipt of the written report and recommdndation by the City Clerk and the Chief of Police and within 20 days thereafter, the City Council shall instruct the City Clerk to cause to be published in the official newspaper ten days in advance, a notice of a hearing to be held by the City Council setting forth the day, time and place when the hearing will be held, the name of the applicant; the premises where the business is to be conducted; the nature of the business and such other information as the City Council may direct. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. A license other than a renewal shall not be approved before the next regular meeting of the City Council following such hearing. 8.2 Not less than ten days nor more than 15 days after the date for submitting renewal applications, the City Council shall hold a public hearing. Notice of the time and place of said meeting and the fact that renewal applications will be considered shall be published in the official newspaper ten days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license. The Council shall thereafter grant or refuse the application in its discretion. 8.3 Edch' license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. With the approval of the City Council and of the State Public Safety Commissioner, a licensee may store excess stocks of intoxicating liquor in places other than the licensed premises. The place of storage shall be located within the building in which the licensed premises is located. The location of the storage place, the length of time it is proposed to store liquor in such place, the quantity of liquor stored and removal from the storage place shall be reported in writing to the City Clerk. No license may be transferred to another person or to another place without complying with the requirements of an original application including the approval of the City Council and the Public Safety Commissioner as required except as provided by subsections 7.5 and 7.9 of this Ordinance. 8.4 The City Clerk shall within ten days after the issuance of any license under this Ordinance submit to the Public Safety Commissioner the full name and address of each person granted a license, the trade name, the effective date, and the date of expiration of the license. He shall also submit to the Public Safety Commissioner any change of address, transfer,.cancellation or revocation of any license by the Council during the license period. LIQUOR ORDINANCE -9- 8.5 No "On -Sale" Wine license shall become effective until it, along with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. 8.6 'Off -Sale" licenses that are approved by the Council shall not be effective until approved, together with the security furnished by the applicant, by the Commissioner of Public Safety. 8.7 Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued and the building is ready for occupancy. S=ION 9 PERSONS INELIGIBLE FOR LICENSE No license shall be granted to or held by any person: 9.1 Who is a minor. 9.2 Who is not of good moral character. 9.3 Who, if an individual, is an alien. 9.4 Who has been convicted, within fifteen (15) years prior to the application for such license, of any willful violation of any law of the United States, the State of Minnesota, or any other State or Territory, or of any local • ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor or whose liquor license has been revoked for any willful violation of any law or ordinance. 9.5 Who is a manufacturer or wholesaler of intoxicating liquor. No manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 9.6 Who is directly or indirectly interested in: 9.6(1) Any other establishment in the City to which an off -sale license had been issued under this Ordinance. No person shall own an interest, as defined in subsection 9.11 of this Ordinance in more than one establishment or business for which an off -sale license has been granted under this Ordinance; no off -sale license shall be granted to any person if such person, or any person who owns an interest in the establishment or business for which an off -sale license application is being filed, owns an interest in a business or establishment licensed under this Ordinance; or 9.6(2) Two establishments in the City to which on -sale licenses have been issued under this Ordinance. No person shall own an interest, as defined in subsection 9.11 of this section in more than two establishments ror businesses for which on -sale licenses have been granted under this Ordinance; no on -sale license shall be granted to any person if such person, or any person who owns an interest in the establishment or business LIQUOR ORDINANCE -10- for which an on -sale license application is being filed, owns an interest in two businesses or establishments licensed under this Ordinance. 9.7 Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 9.8 Who is the spouse of a person ineligible for a license pursuant to the provisions of subsection 9.4, 9.5, or 9.6 of this Ordinance, or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9.9 No "On -Sale," 'On -Sale" Wine, or 'Off -Sale" license will be renewed if: 9.9(1) In the case of an individual, the licensee is not a resident of the of the metropolitan area at the time of the date for renewal or if the licensee has management responsibilities at more than one establishment in the City to which a license has been granted under this Ordinance. 9.9(2) In the case of a partnership, the partners who according to the partnership agreement are entitled to participate in the management and conduct of the business are not residents of the metropolitan area at the time of the date for renewal or if any such partner has management responsibilities at more than one establishment within the City to which a license has been granted under this Ordinance. 9.9(3) In the case of a corporation, the person to whom the corporation has committed the management, general conduct, and control of the affairs of the establishment to be licensed is not a resident of the metropolitan area at the time of the date for renewal or if such person has such management responsibilities at more than one establishment within the City to which a license has been granted under this Ordinance. 9.10 The time for establishing residence within the metropolitan area may for good cause be extended by the City Council. For the purpose of this paragraph, the term metropolitan area shall be the area so defined by the Minnesota Legislature in M.S.A. 473.02 as of the date of passage of this Ordinance. 9.11 The term interest as used in this section includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of ten percent or less in any corporation holding a license. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining bona fide, the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonable tending to, prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. LIQUOR ORDINANCE -11- SECTION 10 PLACES INELIGIBLE FOR LICENSE 10.1 No license shall be granted or renewed for operation on any premises on which taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision. No waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 10.2 No "off -sale" license shall be granted to any premises located in any zoning district other than a "B-4" Shopping Center District. 10.3 No "off -sale" license shall be granted unless the premises proposed to be licensed contains the following requirements: A. A minimum of 3000 square feet on the ground floor level for sales and display area; and B. A minimum of 1500 square feet either on the ground floor or basement level of the licensed premises for storage purposes. 10.4 No "on -sale," "on -sale" wine or "off -sale" license shall be granted to any hotel, restaurant or exclusive liquor store for premises located within 1,000 feet of a public or private school or 800 feet of any church. In the case of a school, the distance is to be measured in a straight line from the parcel or lot upon which the school is located. In the case of a church, the distance shall be measured to the nearest point of the church building. The erection of a public or private school or church within the prohibited area after an original application has been granted shall not, in and of itself, render such premises ineligible for renewal of a license. 10.5 No license shall be issued for the premises owned by a person to whom a license may not be granted under this Ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of`Minnesota Statutes, Sections 340.07 through 340.40. 10.6 No license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 6000 square feet or for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 2000 square feet. No on - sale wine license shall be granted for a restaurant that does not have a dining area, open to the public, with a total minimum floor area of 2000 square feet. 10.7 No license shall be granted for any place for which an intoxicating liquor license has been granted under this Ordinance. For the purposes of this subsection, the term place shall be construed to mean the confines for which a license was granted. 10.8 No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. LIQUOR ORDINANCE -12- SECTION 11 CONDITIONS OF LICENSE 11.1 Every license shall be granted subject to the conditions of the following subsections and all other sections of this Ordinance, and of any other applicable ordinance of the City or State law. 11.2 The license shall be posted in a conspicuous place in the licensed establishment at all times. 11.3 Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. 11.4 No on -sale licensee shall sell intoxicating liquor off -sale, and no off -sale licensee shall sell intoxicating liquor on -sale or permit the consumption of any liquor on the licensed premises. 11.5 No license shall be effective beyond the space named in the license for which it was granted. 11.6- No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any minor, or to any person to whom sale is prohibited by State Law. 11.7 No minor shall be employed in a room where on -sales are made unless accompanied by his parent or guardian or employed to perform the duties of a busboy or dishwasher or when employed as a musician. 11.8 No minor shall be employed at an off -sale liquor establishment or shall be employed to deliver or aid in the delivery of off -sale liquor. 11.9 No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises. 11.10 No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under his control to be used as a resort for prostitutes. 11.11 No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly .permitted by State Law. 11.12 Any police officer, building inspector, or properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. 11.13 No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, LIQUOR ORDINANCE -13- .shall be prima facie evidence that the contents of the original package have been tampered with. 11.14 No on -sale liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited by this Ordinance. 11.15 No licensee shall apply for or possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. 11.16 No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or for mixing with a beverage. 11.17 The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Administrator, or other duly authorized representative of the City or the City Council at all reasonable times. 11.18 Changes in the corporate or association officers, corporate charter, Articles of Incorporation, By -Laws, or partnership agreement, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. Notwithstanding the definition of interest as given in Section 9.11 of this Ordinance, in the case of a corporation the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which together with that of his spouse, parent, brother, sister or child exceeds five percent and shall give all information about said person as is required of a person pursuant to the provisions of Section 3 of this Ordinance, except that "off -sale" licensees shall report any change of interest. 11.19 A restaurant shall be conducted in such a manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner, that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. 11.20 No off -sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be kept available for inspection by the City Clerk or designated employee at all hours during which the licensed premises is open for business. 11.21 At the time of application for renewal of any intoxicating liquor license, the applicant shall submit proof to the City that not less than 55 percent of the gross sales of the establishment for which the on -sale license is to be used is in the serving of food. 11.22 At the time licensee submits application for license renewal, he shall state the nature or amount of any contribution he has made for political or campaign purposes, the person to whom the contribution was made and the person or organization for whom intended. LIQUOR ORDINANCE -14- "c=ION 12 RESTRICTED HOURS OF OPERATION 12.1 Definition - Restricted hours of operation as used herein shall mean the times when no sales or serving of intoxicating liquor shall be made in the City of Mendota Heights. 12.2 Restricted hours of operation shall be as follows: Restricted Hours for On -Sale Wine Establishments Restricted Hours for Off -Sale Liquor Establishments NO sales before 11:00 A.M. NO sales before 8:00 A.M. or after 10:00 P.M. or after 9:00 P.M. NO sales between 10:00 P.M. and 11:00 A.M. NO sales before 8:00 A.M. or after 9:00 P.M. Friday NO sales between 12:45 A.M. NO sales between 12:01 NO sales before 8:00 A.M. and 10:00 A.M. A.M. and 11:00 A.M. or after 10:00 P.M. Saturday NO sales between 12:45 A.M. NO sales between 12:01 NO sales before 8:00 A.M. and 10:00 A.M. A.M. and 11:00 A.M. or after 10:00 P.M. Sunday NO sales after 12:45 A.M. NO sales before 11:00 NO sales A.M. or after 10:00 P.M. New Year's NO sales between 12:45 A.M. NO sales before 11:00 NO sales Day, Jan- and 10:00 P.M. A.M. or after 11:00 P.M. uary 1* Indepen NO sales between 12:45 A.M. NO sales before 11:00 A.M. NO sales dence Day, and 10:00 A.M. or after 11:00 P.M. July 4* Thanks- NO sales between 12:45 A.M. NO sales before 11:00 NO sales giving and 10:00 A.M. A.M. or after 11:00 P.M. Day Christ NO sales before 10:00 A.M. NO sales before 11:00 NO sales before 8:00 mas Eve, or after 8:00 P.M. A.M. or after 8:00 P.M. A.M. or after 8:00 P.M. Dec. 24 Christ- NO sales between 12:45 A.M. NO sales before 11:00 NO sales mas Day, and 10:00 A.M. A.M. or after 11:00 P.M. December 25# *NOTE: Onsale establishments may -operate at appropriate hours on these days except that the hours listed herein shall not be deemed to allow the operation of an establishment onsale when otherwise prohibited by this section. On the evenings preceding such days, when not a Sunday, offsales may be made until 10:00 P.M., except that no offsales may be made on December 24th after 8:00 P.M. Restricted Hours for On -Sale Intoxicating Liquor Establishments Monday NO sales before 10:00 A.M. Tuesday NO sales between 12:45 A.M. Through and 10:00 A.M. Thursday Restricted Hours for On -Sale Wine Establishments Restricted Hours for Off -Sale Liquor Establishments NO sales before 11:00 A.M. NO sales before 8:00 A.M. or after 10:00 P.M. or after 9:00 P.M. NO sales between 10:00 P.M. and 11:00 A.M. NO sales before 8:00 A.M. or after 9:00 P.M. Friday NO sales between 12:45 A.M. NO sales between 12:01 NO sales before 8:00 A.M. and 10:00 A.M. A.M. and 11:00 A.M. or after 10:00 P.M. Saturday NO sales between 12:45 A.M. NO sales between 12:01 NO sales before 8:00 A.M. and 10:00 A.M. A.M. and 11:00 A.M. or after 10:00 P.M. Sunday NO sales after 12:45 A.M. NO sales before 11:00 NO sales A.M. or after 10:00 P.M. New Year's NO sales between 12:45 A.M. NO sales before 11:00 NO sales Day, Jan- and 10:00 P.M. A.M. or after 11:00 P.M. uary 1* Indepen NO sales between 12:45 A.M. NO sales before 11:00 A.M. NO sales dence Day, and 10:00 A.M. or after 11:00 P.M. July 4* Thanks- NO sales between 12:45 A.M. NO sales before 11:00 NO sales giving and 10:00 A.M. A.M. or after 11:00 P.M. Day Christ NO sales before 10:00 A.M. NO sales before 11:00 NO sales before 8:00 mas Eve, or after 8:00 P.M. A.M. or after 8:00 P.M. A.M. or after 8:00 P.M. Dec. 24 Christ- NO sales between 12:45 A.M. NO sales before 11:00 NO sales mas Day, and 10:00 A.M. A.M. or after 11:00 P.M. December 25# *NOTE: Onsale establishments may -operate at appropriate hours on these days except that the hours listed herein shall not be deemed to allow the operation of an establishment onsale when otherwise prohibited by this section. On the evenings preceding such days, when not a Sunday, offsales may be made until 10:00 P.M., except that no offsales may be made on December 24th after 8:00 P.M. LIQUOR ORDINANCE -15- 12.3 No "on -sale" licensee shall permit the consumption or display of any beverages containing more than one-half of one percent of alcohol by volume on his premises during the hours when the sale of such beverage is prohibited by this ordinance; provided, however, that the licensee shall be allowed a thirty (30) minute period following the closing hour to clear the premises of customers who were present at the closing hour; and such customers may consume any such beverage purchased by them before the closing hour. All customers and non -working employees shall be cleared of the premises by thirty (30) minutes past the closing hour. .SECTION 13 PUBLIC CHARACTER OF LIQUOR SALES :No sales of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotel provide for the service of meals in guest rooms; unless the sale of such intoxicating liquor is made in the manner in which on -sale is required -to be made; unless such sale accompanies and is incident to the regular service of meals to guests therein; unless the rules of such hotel and the description, location and number of such guest rooms are fully set out in the application for a license. SECTION 14 CLUBS No club holding an "on -sale" club license shall sell intoxicating liquor except to members and guests of the club. SECTION 15 RESTRICTIONS INVOLVING MINORS 15.1 No licensee, his agent or employee, shall serve or dispense upon the licensed premises any intoxicating liquor or nonintoxicating malt liquors to any minor; nor shall such licensee, his agent or employee, permit any minor to be furnished with or to consume any such liquors on the licensed premises; nor shall such licensee, his agent or employee, permit any minor to be delivered any such liquors. 15.2 No minor shall misrepresent his age for the purpose of obtaining intoxicating liquor or nonintoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or delivered to him for consumption of any such intoxicating liquor or beer nor shall any person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor or beer. 15.3 No minor shall receive delivery of intoxicating liquor. 15.4 No person shall induce a minor to purchase, procure, or obtain intoxicating liquor or nonintoxicating malt liquor. 15.5 Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage, the consumption, sale, or possession of which is regulated by age may only be established by a valid driver's license, a curreent nonqualification certificate, or a Minnesota Identification Card issued pursuant to Minnesota Statutes, Section 171.07. LIQUOR ORDINANCE -16- 15.6 Any person who may appear to the licensee, his employees or agents, to be a minor shall, upon demand of the licensee, his employee or agent, produce and permit to be examined his driver's license, current nonqualification certificate, or Minnesota Identification Card. SECTION 16 OTHER RESTRICTIONS ON PURCHASE OR CONSUMPTION 16.1 No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 16.2 No person shall consume or mix or prepare intoxicating liquor for consumption in any public place not licensed in accordance with the ordinance of the City of Mendota Heights and the State of Minnesota. 16.3 No intoxicating liquor shall be sold or consumed on a public highway or in any automobile. SECTION 17 BOND 17.1 Bonds, Insurance or Deposit Required - At the time of filing for an application for intoxicating liquor license, the applicant shall file a bond with corporate surety, or in lieu thereof cash or negotiable United States government bonds; and a liability insurance policy shall be deposited with the City Clerk. Such bond, cash or negotiable government bonds shall be in the amount of $5,000 for an "on -sale" or "on -sale" wine license, shall be in the amount of $2,000 for an "on -sale" club license and shall be in the amount of $3,000 for an "off -sale" license. Such insurance policy shall be in the amount specified in subsection 17.5 of this Section. 17.2 Approval of bond and insurance - The surety bonds and insurance policies required by Section 17.1 of this Section shall be subject to the approval of the City Council and in the case of applicants for "on -sale" wine or "off - sale" licenses by the State Commissioner of Public Safety. 17.3 Procedure where cash or government bonds are used - If the applicant uses cash for security, it shall be deposited with the City Clerk. If United States government bonds are permitted and are used as such security, an assignment or agreement shall accompany them and they shall be filed with the City Clerk. The licensee shall be permitted to clip and,take all coupons thereto attached as they become due. 17.4 Surety or insurance companies - The surety on such bond and insurer on such liability insurance policy, shall be a surety company or insurance company, as the case may be, duly licensed to do business in the State of Minnesota and the bond and liability insurance policy shall.be approved as to form and execution by the City Attorney. All surety bonds and liability insurance policies, when approved by the proper City or State officers, shall be with the City Clerk. 17.5 Amount and terms of insurance - Such liability insurance policy shall be in the amount of $250,000 coverage for one person, $500,000 coverage for more than one person, and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obliged to pay by reason of liability imposed upon him by law LIQUOR ORDINANCE -17- for injuries or damages to persons other than employees, including the liability imposed upon the insured by reason of Section 340.95, Minnesota Statutes. Such liability insurance policy shall further provide that no cancellation for any cause can be made either by the insured or the insurance company without first giving ten (10) days notice to the City in writing of intention to cancel the same addressed to the City Clerk. Further, it shall provide that no payment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay, to the extent of the principal amount of the policy, any damages for death or injury caused by, or resulting from the violation of .any law relating to the business for which such license has been granted. The licensee and the City shall be named as joint insureds on the liability insurance policy. 17.6 Terms of bonds - All such bonds shall be conditioned as follows: 17.6(1) That the licensee will obey the laws relating to such licensed business. 17.6(2) That the licensee will pay to the City when due all taxes, license fees, penalties and other charges provided by law. 17.6(3) That in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the City. 17.6(4) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury by, or resulting from the violation of any law relating to the business for which such license has been granted and that such recovery may be had also against the surety on his bond. 17.7 Benefit of bond - Such bonds shall be for the benefit of the City, as obligee, and of all persons suffering damages under the conditions set forth in subsection 17.6 of this Section. The amount specified in any bond is declared to be a penalty, and the amount recoverable shall be measured by the actual damages. The surety shall not be liable in excess of the penal amount of the bond. In case of forfeiture of any bond for violation of the law, the District Court of Dakota County may forfeit the penal sum of such bond to the City. 17.8 Deposit of U.S. Bonds - If negotiable United States government bonds are deposited with the City Clerk instead of a bond with a corporate surety, such bonds shall be accompanied by a properly executed assignment, in form approved by the City Attorney, assigning such government bonds to the City, to be held subject to the conditions, forfeiture and penaltigs provided by the laws of the State of Minnesota and this Ordinance. Such assignment shall also contain a stipulation and agreement that such bonds shall remain with the City Clerk, subject to the terms and conditions of such assignment and such State laws, during the term of the license in connection with which such government bonds may, with the approval of the City Council, be returned by the City Clerk to the licensee. LIQUOR ORDINANCE -18- 17.9 Deposit of Cash - In the event the applicant deposits cash in lieu of surety bond, the deposit of such cash shall be accompanied by a written agreement and assignment upon the part of the licensee, in form approved by the City Attorney, wherein the licensee assigns such deposit to the City, to be held by the City Clerk subject to the conditions, forfeitures, and penalties required by the laws of the State of Minnesota and this Ordinance, for the period of the license in connection with which such deposit is made, and for three years thereafter, at which time such deposit may be returned, with the approval of the City Council, by the City Clerk to the licensee. 17.10 Affidavit required for return of U.S. bonds or cash - Upon application for return of United States government bonds or cash as provided for in this Section, the licensee shall file with the City Clerk an affidavit stating that no action or proceedings has been commenced in any Court for the forfeiture of such bonds or deposit, or for damages to any person or persons under the terms and conditions thereof, and that the licensee has no knowledge of any existing claim or abuse of action under the terms and conditions of the assignment and agreement relating to such government bonds or cash deposit. SECTION 18 REVOCATION 18.1 The City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of this Ordinance or of any State law or federal law regulating the sale of intoxicating liquor, shall revoke such license for any willful violation which, under the laws of the State is grounds for mandatory revocation, and shall revoke for failure to keep the bond, insurance or other deposit required by Section 17 of this Ordinance in full force and effect. 18.2 Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by a written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of'the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension shall exceed 60 days. SECTION 19 LICENSING OF EMPLOYEES 19.1 No person shall work as a manager, bartender, cocktail waitress, clerk, delivery man, or in any capacity where such person sells, serves or delivers intoxicating liquor in or from premises under this Ordinance, and no licensee shall permit any such person to be so employed, unless such person, within seven days after being first employed, shall apply for a license to engage in such business. No person may be so employed for any length of time if his license is denied or 'revoked. This Section shall not apply to persons employed in establishments licensed pursuant to Section 1.2 of this Ordinance described as bona fide clubs. LIQUOR ORDINANCE -19- 19.2 No person shall make off -sale deliveries of intoxicating liquor in the original package within the City unless such person has obtained a license as an employee. 19.3 An application for such license shall be filed with the City Clerk upon forms provided by the City, and such application shall be verified under oath and shall contain the following information: 19.3(1) The names and addresses of two residents of Dakota County, Minnesota, who have known the applicant for a period of two years and who will vouch for the sobriety, honesty, and general good character of the applicant. 19.3(2) A concise history of the applicant's previous employment. 19.3(3) The record, if any, of arrests and of convictions for crimes and misdemeanors other than traffic offenses. 19.4 The annual license fee shall be $9.00 and shall be paid at the time of the application. The license shall expire on the anniversary of the date of application and shall be renewed at that time. 19.5 The application shall be referred to the Police Department who shall investigate the facts set forth in the appliction and shall make a written report at the earliest practicable time. The report shall include a statement indicating the department's comments and recommendation. If the Police Department recommends that such a person be licensed, the City Clerk shall issue the license forthwith. If the Police Department or City Clerk recommends that the license not be issued, that applicant upon request shall be entitled to a hearing before the City Council and may offer evidence to prove the license should be issued. 19.6 No person shall be issued a license if it appears that the applicant has committed an act which is a willful violation of Minnesota Statutes, Sections 340.07 through 340.40, which are crimes directly related to the occupation herein licensed, as defined by Minnesota Statutes, Section 364.03, Subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by Minnesota Statutes, Section 365.03, Subdivision 3. 19.7 Any license issued hereunder may be revoked for any violation of this Article or of Minnesota Statutes, Sections 340.07 through 340.40, or for conviction of any crime or misdemeanor involving moral turpitude so long as said conviction directly relates to the occupation herein licensed, as defined by M.S.A. 364.03, Subdivision 2. SECTION 20 ENLARGEMENT, ALTERATIONS OR EXTENSION OF PREMISES 20.1 Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change and the licensee shall also give such information as is required by Sections 4.7, 8, 10 and 11 of this Ordinance. LIQUOR ORDINANCE -20- SECTION 21 LICENSE YEAR 21.1 All intoxicating; liquor licenses shall expire on June 30th. SECTION 22 NUMBER OF LICENSES 22.1 Not more than six (6) "on -sale" licenses shall be in existence at any one time. 22.2 Not more than __ "off -sale" licenses shall be in existence at any one time. SECTION 23 COORDINATION OF PROVISIONS 23.1 Where a provision of any other ordinance of the City conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 24 PENALTY 24.1 Any person violating any provisions of this Ordinance may be guilty of a misdemeanor and upon conviction may be punished by a fine of not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days or both, plus the cost of prosecution in any case. ft MEMORANDUM May 8, 1984 T0: Mayor, City Council, and City Ad 9nirator FROM: Dennis J. Delmont, Chief of Police AP SUBJECT: Vehicles in Freeway Construction Area Introduction The City Administration made me aware of Council comments on 3 and 4 wheel vehicles operating illegally in the freeway construction areas. We are aware of the problem. In the past several weeks our officers have stopped r and warned several adult and juvenile offenders. Our objective is to warn them once and then issue citations. Juveniles who are ticketed will also have a ticket issued to their parents for allowing the illegal activity. In order to operate a motor vehicle on public property, drivers and vehicles must be licensed and vehicles must have certain equipment; i.e. brake lights, mirrors, signal light, etc. We will continue our efforts in this and other areas of the City. i MEMORANDUM May 8, 1984 �Z,11014_ TO: Mayor, City Council, and City Admi-6istrator FROM: Dennis J. Delmont, Chief of Police SUBJECT: Truck for Sale - Marie at Ridgewood Introduction At the City Administrator's request, I checked a vehicle for sale at the corner of Marie and Ridgewood in order to determine if there was any code violation involved in its sale or display. Discussion The vehicle was parked on the front lawn of the residence, completely on private property, and created no sight problems for the intersection. Though it could be argued that it is not a particularly attractive lawn ornament, it appears to be among the most popular types of adornment in the spring. During the same day I noticed 18 such vehicles throughout the City. In order to be considered ,a violation, the sale of vehicles must involve a regular and systematic business operation, not a one-time or even occasional occurrence. Each spring the City is cluttered with cars for sale, homes for sale, garage sale signs and wagon vendors. Alternatives I see none. An ordinance that restricts a homeowner from selling his personal property and denies him the right to display that property is probably unconstitu- tional. If the property became unsightly, unhealthy, or offensive to the public, we would be able to act under our Public Nuisance Ordinance. At present, I see no alternatives. Recommendations None COMPOSITE SURVEY FC NORTHWESTERN MUTUAL LIFE INSURANCE CO. 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