1997-06-171.
2.
3.
4. *
5.
Call to Order
Roll Call
REVISED AGENDA
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
JUNE '� 7, 1997- 7:30 P.M.
� l� ►�-�-�
� �
Agenda Adoption � �-�-� �'�'
Approval of June 3 Minutes
Consent Calendar
a.
b.
c.
C�
J•
k
��
Acknowledgment of the Fire Department Report for May.
Acknowledgment of the Treasurer's Report for May.
Acknowledgment of the June 10th Parks and Recreation Commission
Minutes.
Acknowledge Receipt of Information Regarding the NOISE Annual
Conference.
Acknowledge Receipt of Information Regarding Northwest Airlines
Stage III Compliance.
Authorization to Enter into an Agreement with the Rosemount Fire
Department for the Use of the Fire Safe House.
Approval to Waive Planning Commission Review and Approval to
Install Privacy Fence at "Old Fire Hall" Site.
Approval of MnDOT Cooperative Agreement -
RESOL UT/ON NO. 97-28
Approval to Award Contract for Tennis Court Resurfacing at Marie
Park.
Approval of Permanent Appointment of Probationary Officers.
Approval to Issue Purchase Orders for Improvements to the Lower
Level Expansion Area of the City Hall.
Authorization to Co-Sponsor Fourth of July Fireworks with Mendakota
Country Club.
Approval of APT Mendota Heights Developer's Agreement.
Approval of GNB's Request for Building Permit (Emergency Generator
Building Addition).
Approval of the List of Contractors.
Approval of the List of Claims.
Accept Resignation of Recreation Programmer.
End of Consent Calendar
�� • • 1 -
7. Unfinished and New Business
. Discuss Request for Beer License for Fire Relief Association.
� Discuss Visitation School Building Permit Request.
�,c�! Discuss Report on Freeway Road Study.
� Discuss Roseville Properties Request for Centre Pointe Office Building
Permit Request.
Review Proposed NSP Franchise Agreement - ORD/NANCE NOS. 314
and 315
. Discuss Ivy Falls Land Donation Offer.
Discuss McNeill Property Acquisition
8. Council Commen#s
9. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120
hours in advance. If a notice of less than 120 hours is received, the City of
Mendota Heights will make every attempt to provide the aids, however, this may
not be possible on short notice. Please contact City Administration at 452-1850
with requests.
a
CITY OF MENDOTA HEIGHTS
MEMO
June 17, 1997
T0: Mayor and City Council
FROM: Kevin Batchelder, City Administrator
SUBJECT: Add On Agenda for June 17 City Council Meeting
One item has been removed from the agenda - Item 4- May 20 Minutes.
One new item has been added to the Consent Calendar item - 5q (**).
3. Agenda dA o tR ion
It is recommended that Council adopt the revised agenda printed on blue
paper.
4. A� r� oval of V�I � 2�( i� e
Because these minutes were not available for Council review prior to
tonight's meeting, Council is asked to remove the May 20 Minutes from the
agenda. These Minutes will be placed on the Council's July 1 agenda.
5q. Accent Resignation Qf. Recreatian Programmer.
Please see attached memo and letter.
KLB:kkb
ADD.MEM
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
JUNE 17, 1997- 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of May 20 Minutes (Available Monday) and
June 3 Minutes
a. Acknowledgment of the Fire Department Report for May.
b. Acknowledgment of the Treasurer's Report for May.
c. Acknowledgment of the June 10th Parks and Recreation Commission
Minutes.
d. Acknowledge Receipt of Information Regarding the NOISE Annual
Conference.
e. Acknowledge Receipt of Information Regarding Northwest Airlines
Stage III Compliance.
f. Authorization to Enter into an Agreement with the Rosemount Fire
Department for the Use of the Fire Safe House.
g. Approval to Waive Planning Commission Review and Approval to
Install Privacy Fence at "Old Fire Hall" Site.
h. Approval of MnDOT Cooperative Agreement -
RESOL UTION NO. 97-28
i. Approval to Award Contract for Tennis Court Resurfacing at Marie
Park.
j. Approval of Permanent Appointment of Probationary Officers.
k. Approval to Issue Purchase Orders for Improvements to the Lower
Level Expansion Area of the City Hall.
I. Authorization to Co-Sponsor Fourth of July Fireworks with Mendakota
Country Club.
m. Approval of APT Mendota Heights Developer's Agreement.
n. Approval of GNB's Request for Building Permit (Emergency Generator
Building Addition).
o. Approval of the List of Contractors.
p. Approval of the List of Claims.
End of Cansent Calendar
6. Public Comments
7. Unfinished and New Business
a. Discuss Request for Beer License for Fire Relief Association.
b. Discuss Visitation School Building Permit Request.
c. Discuss Report on Freeway Road Study.
d. Discuss Roseville Properties Request for Centre Pointe Office Building
Permit Request.
e. Review Proposed NSP Franchise Agreement - ORD/NANCE NOS. 314
and 315
f. Discuss Ivy Falls Land Donation Offer.
g. Discuss McNeill Property Acquisition
8. Cnuncil Comments
9. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120
hours in advance. If a notice of less than 120 hours is received, the City of
Mendota Heights will make every attempt to provide the aids, however, this may
not be possible on short notice. Please contact City Administration at 452-1850
with requests.
Page No. 1
June 3, 1997
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 3, 1997
Pursuant to due call and notice thereof, the re�ular meetin� of the City Council, City of Mendota
Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch; and Krebsbach. Councilmember Smith had
notified Council that she would be absent.
AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the
meeting.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar
for the meetiny; amended to remove item h., Amendment to
Dispatch Service A;�reement, from the agenda, along with
authorization for execution of any necessary documents contained
therein.
a. Ackno�vled�ment of the minutes of the May 27, 1997 Planning
Commission meetin�.
b. Acl:nowled�_>ment of the Building Activity monthly report for
Nlav.
c. Ackno«�led�,�ment of receipt of information regarding a Dakota
County Administrators/Mana�ers Summary of Service Delivery
A�reements for Dakota county and Constituent Cities.
d. Acl:no«rled��ment of a memo from Administrator Batchelder
re�ardin� issues related to the Dakota County cluster's
participation in the Livable Communities Act.
e. Acl:no«�Ied�7ment of a status report on the Bunker Hills street
reconstruction pro�ect.
Page No. 2 +
June 3, 1997
f. Adoption of Resolution No. 97-24, "RESOLUTION
APPROVING FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR
SANITf1RY SEWER, WATERMAIN, AND STORM SEWER
IMPROVENIENTS TO SERVE PINE CREEK ESTATES AND
A PORTION OF LOT 49 OF AUDITOR'S SUBDIVISION NO.
3(IMPROVEMENT N0. 93, PROJECT NO. 1).
g. Authorization to issue a purchase order to Pine Bend Paving for
its lo�v bid of $4,350.00 to construct a bituminous trail form the
Dakota County HRA Senior Housing Project to the Friendly
Hills nei`�hborhood, all costs to be paid by the HR.A.
h. Appro��al to appoint David Odlaug to the position of
probationary police officer at the wage rate specified in the
current labor a�reement.
i. Appro��al of the list of contractor licenses dated June 3, 1997 and
attached hereto.
j. Appro��al of the List of Claims dated June 3, 1997 and totaling
�� 7?.9-�-�.63.
k. Ac�no���led��ment of the unapproved minutes from the NDC-4
full conlmission meeting held on Apri12 and acknowledgment of
the `�Ia�� 7 NDC-� EYecutive Committee meeting.
Ayes: 4 Councilmember Koch seconded the motion.
Nays: 0
AIR NOISE Mayor �lertensotto informed Council and the audience that at its
May 28 meetin�, the MASAC voted on the question of close in
departures off rumvay 11 L and R as well as close in departures off
the run��-a��s on the �Iinneapolis side. He explained that departures
from 11 L brin`; traffic o��er Mendota Heights, and the motion to
direct the close-in departure procedures on this side of the river was
denied by a��ote of eiyht to eleven. He stated that it is sad to see that
there ���ere eleveil votes a�ainst the procedures when Mendota
Heights takes 67% of the departures, yet on the Minneapolis side the
close in departure procedure was approved. He did not understand
why the cities «-ho have no aircraft noise burden voted against a
specific request for the procedure from a noise impacted community,
pointin�� otit tllat NIAS�C has had an opportunity once in the past
fivve ti�ears to deal �t�ith a noise issue. He stated that he feels that
MASt�C is a���aste of fimdin�� and stated that he is going to ask the
Page No. 3
June 3, 1997
city's Air Noise Commission if they feel that the city should
seriously consider withdrawing from MASAC.
Mayor Mertensotto informed Council that he is going to ask the
MAC to direct the Noise Abatement Council to reorganize, because
it makes no sense for the City of St. Paul to have so many members
on the committee even though they receive very little noise impact.
He stated that �vhat is particularly disturbing is that other MASAC
representatives from cities around the airport would vote against
Mendota Hei�hts.
CASE NO. 97-1 l, TURNER'S Council acl:nowledged an application from Turner's Gymnastics
GYMNASTICS Center for a variance to allow the placement of a 100 square foot
banner si�n on the east side of its building every year for two thirty-
day periods. Council also acknowledged associated staff reports.
Mr. Jim Lander, President of Turner's Gymnastics, was present for
the discussion.
Mr. Lander stated that Turner's is requesting approval to place the
temporary si�n on the building twice a year, in April and August, to
attract ne�v clients and renewals. He further stated that the City
Council approved the same request for Turner's in 1993.
Mayor Mertensotto responded that the problem with the request is
that Turner's is alon� the freeway and everyone would like to hang a
banner there. He felt that there are other methods Turner's could use
to attract clients that would not require city permission for a sign that
violates cit}� ordinance requirements. He informed Mr. Lander that
Council is ���illing to help Turner's but does not want to set a
precedent.
Councilmember Krebsbach stated that she would not have a problem
with approving the request if it were only for a one-time sign in
August of this year but that she would not want on-going signage.
Mavor Mertensotto stated that he understands that the last time the
banner si��n «�as used it was not effective. He asked Mr. Lander if he
would report back to Council on how many inquiries Turner's gets if
the sign is appro��ed for Au�,�ust.
Councilmember Huber stated that he could agree to a one-time sign
in August with no commitment to the future and with the
requirement that Turner's report the results to Council.
Ayes: 4
Nays: 0
CASE NO. 97-12,
MORTENSON PROPERTIES
Page No. 4
June 3, 1997
Councilinember Krebsbach stated that she could support granting the
variance for a one-time sign based on the fact that Turner's has not
made a siinilar request in the past four years.
Councilmember Huber moved to approve a variance to allow the
same 100 foot banner si�;n used in 1993 to be placed on the side of
the Turner's G�•mnastics building facing the freeway on a one-time
basis; durin�,� the month of August 1997, with the conditions. that the
sign be remo�•ed at tlle end of the month and that Turner's
Gymnastics report back to Council before the end of the year on the
effecti��eness of the si;,n.
Councilinember Krebsbach seconded the motion.
Council ackno�vled�,�ed an application from Mortenson Properties
for a conc�itional use permit for mining which would allow
(BROWN INSTITUTE) parkin�_> lot e�pansion and site improvements at the former Cray
Research buildin�� at 1-�-�0 Northland Drive. Council also
ackno���ledged a letter fi•om the Brown Institute, a draft Contract for
Private Development for TIF, and reports from the City Plan.ner and
Administrati�•e t�.ssistant. Mr. Tom Lander, from Mortenson
Properties, �vas present for the discussion.
Mati�or �fertensotto stated that it is his understanding that Mortenson
Properties is tlie de��eloper and will be forming another corporation
or unit that «-ill o�vn the property for lease by the Brown Institute.
He stated tl�at Council l�as to be very careful to follow its standard of
no transfers; and in this particular case the agreement addresses what
the citv consid�rs a transfer. He stated that Mortenson will not be
si�nin� the de��elopment ayreement until the unit is formed.
City Attorney Hart inforined Council that the agreement provides for
a one-time transfer to an unnamed entity, but that the city would
prefer to have the name of the entity as soon as possible. He further
stated that it ��-ould be his expectation that Council would give legal
counsel the authority to make non-substantive changes to the
agreement.
N1r. Lander responded t(lat the entity will be Mortenson Properties,
Inc., so there mav be no need to address the one-time transfer.
Attornev Hart informed Council that he discussed the proposed
development a�reement changes with Mortenson's legal counsel. He
stated that there is a pro�•ision in the agreement regarding proration
Page No. 5
June 3, 1997
relating to transfer and he would like to continue to work on that
provisioii, to base prorztion on the number of years left.
Treasurer Shaugluiessy responded that the year 2006 is the end of the
TIF district.
Mayor IVlertensotto stated that there will be a one time transfer from
Mortenson Properties to the new entity and that Brown Institute must
also come up �vith the financing to do the development portion of the
project. He stated that Nlortenson wants to be sure that in the event
of a default, if ��Iortenson has to foreclose on the mortgage, they
receive the beneFit for the pro rated period. He further stated that the
mortya`7ee cloes not ��•ant to be held responsible for environmental
problems since they do not hold the property.
Attorney Hart e�plained how the agreement has been changed for
clarification purposes, and stated that the changes are not
substantive.
Councilmember Krebsbach pointed out that the Planning
Commission raised issues relating to parking.
Mr. Lander responded that Brown Institute operates three shifts and
most of the stud�nts dri��e to school from their jobs, so proposed
parkin� spaces for the school's parking are much greater than the
Zonin, Ordinance requires. He informed Council that Mortenson is
required by Bro�vn Institute to provide 750 parking spaces on site.
He stated tliat the parkin` stalls at the existing school are 7'6" wide.
He stated that he did not intend to provide 9 foot stalls on the whole
property and has proposed eight foot stalls, which helps limit the size
of the parkin�� lot and still meets the needs of the school. He pointed
out that the Zoiling Ordinance requires 270 stalls for the facility. He
infornled Council that there are site constraints that would not allow
stripin�,7 9 foot stalls, but that he could stripe 9 foot stalls to meet the
270 required spaces and then stripe the rest smaller. He stated that
he would prefer to be up front with the city and thus is asking
Council to allo��� 3 foot �vide striping of the lot.
Mayor Mertensoto asked how many spaces there would be if the
stalls �vere striped at 9 foot rather than S foot.
Mr. Tom Leficll. project en�ineer, responded that 9 foot striping
would pro��ide 670 stalls.
Page No. 6
June 3, 1997
Mr. Lander stated that the parking lot aisles have been laid out so
that the stalls could be re-striped at nine feet in the future. He
explained that some will be 8'4", others will be 8'6" and others will
be 8 foot. He stated that the 750 spaces is based on the parking
needs at the eYisting Brown Institute, which reflects the school's
needs.
Mayor Mertensotto asked what size spaces are provided at shopping
centers.
Mr. Lander responded that those stall sizes range all over the place,
but that the proposed parking is based on architectural standards. He
stated that the national standards for this type of parking lot range
from 8 foot to 9 foot.
Mayor l�Iertensotto asked how much it would cost to restripe the lot
to 9 foot stalls if the city required it in the future.
Mr. Lander responded that it would cost between $5,000 and $7,000
to re-stripe. He informed Council that he has an agreement with the
school to provide 7�0 spaces and would have to come up with some
alternati�•e that ��-ould allow 750 spaces. He stated that half of the
parkin�� area is a new lot and the other half is an existing lot that will
be repaired and seal coated.
Mayor IVlertensotto stated that if Council follows the Planning
Commission recommendation for 9 foot stalls and finds it was a
mistake, Council �vould not want to put the school in a bind. He
asked if there is any way the city could participate in striping in the
future.
City Attorney Hart responded that if a decision is made today to
spend a certain sum by a date certain to restripe the lot, that would be
allo�vable.
Mr. Lander stated that the school has been at its e;cisting location for
ten years, so he has a strong feeling on what the parking needs are. '
He stated that he �vould rather that Council allow striping at 8 feet
and if the school finds in the future that the lot has been over-striped,
then he ���ould come back and re-stripe it. He stated that the
alternati��e «-ould be to provide the parking to meet code (249 stalls)
at nine foot and stripe the remaining stalls to a lesser dimension to
meet the 7�0 spaces, but that would mean that some of the stalls
would be striped to 7 foot 6 inches, which is what they are now.
Page No. 7
June 3, 1997
Councilmember Huber stated that he sees no problem with 8 foot
stalls. He fiirther stated that it does not seem to make any sense to
have 250 stalls at nine feet and the rest undersized, and pointed out
that Bro�vn Institute is apparently happy with 8 foot stalls.
Mr. Lander responded that asked that Council let him stripe 8 foot
stalls and if the school finds that there are too many stalls he will
come back and stripe the lot at 9 feet.
Respondin; to a question from Mayor Mertensotto, Administrator
Batchelder stated that the city has allowed a variance for 8'/z foot
stalls for Northlatld Insurance.
Mayor Mertensotto and Councilmember Koch stated that they do not
have any problem with eight foot stalls.
Attorney Hart stated that Council needs to draw a distinction in this
case. He stated that if the applicant were coming to Council and
saying that he could only achieve the number of spaces on the site
that the code requires, that would clearly require a variance, and that
is �vhat has been done in the past. He pointed out that in this case,
there is enou�h geographical area to accomplish the code
requirements �vith nine foot stalls, but what the applicant is doing is
deciding that they need more spaces and from a financial and
practical standpoint they need more spaces. He stated that from a
land use standpoint, the facility will have more than enough spaces
to meet the code. He informed Council that approving the 8 foot
spaces �vill not set a precedent for others who may come to Council
in the future because Mortenson does in fact have the ability to meet
the number of spaces required.
Ma}�or tilertensotto stated �vhat l�Iortenson is telling Council is that
the school needs 7�0 spaces and in order to meet that by creating
nine foot spaces they would have to enlarge the blacktop. He stated
that he ���ould not �vant to see eYpanded blacktop.
Mr. Lander responded that there is a great deal of green space on the
site, and expansion of the drive�ray area to accommodate 750 nine
foot stalls would require Mortenson to remove a significant number
of trees on t«�o acres of property that is heavily wooded.
Cotmcilmember Krebsbach stated that she would like to determine
that cars �� ill till the lot and that reducing the width is not just to
provide closer parkin�.
Page No. 8
June 3, 1997
Mr. Lander responded that this is why he offered the alternative of
comin�� back and striping at nine feet, but that the number of stalls
proposed is based on usage at the e:cisting Brown Institute facility.
Councilmember Krebsbach pointed out that Mortenson will still be
creating additional parkin� if it uses 8 foot widths.
Mr. Lander a�reed, but stated that the difference is that right now the
proposal to e:cpand the parking area would involve taking out 30 to
40 cottonwood trees whereas if nine foot stalls are required he �vould
have to remove many �ood trees. By striping 8 foot stalls, he can
e:cpand and create the parkinQ that is needed and there will still be
screenin`� and a campus setting for the building. Responding to a
question from Councilmember Krebsbach regarding signage, he
stated that a pylon sign �vill be located at the corner of the property
visible from I-�94 that �vill simply say Brown Institute. He further
stated that the si��nage for the facility is well within the ordinance in
terms of size, etc. He informed Council that Mortenson will
maintain and replace the Cray monument sign and install signage
building that says Bro�vn Institute.
Councilmember Krebsbach stated that she would be willing to agree
to 8 foot stalls if that ���ould mean that fewer trees will be removed
and that �%fortenson �vill retain the integrity of the site.
N1r. Lancier responded that Mortenson is ready to close on the
buildin�, and start construction by the end of the week. He informed
Council that the buildina must be ready to open before the end of
October. Responding to a question from Councilmember
Krebsbach, he stated that two entrances are being developed. He
informed Council that there will be no changes made to the e�isting
drive���ay to the upper lot, but the driveway to the lower lot will be
e�panded to ?� feet �vide at the recommendation of the City Planner
and staff.
Councilmember Krebsbach asked about conditions eight and nine of
the Planning Commission recommendation regarding safety and
public transit.
NIr. Lander responded that all of the lots will be lighted and there
will be securitv yuards on site who can be paged to walk students to
their vehicles. He stated that the difficulty with the condition
recommended bv the commission is that reads that Brown Institute
take meas�ires for student securin�, and Brown feels that they do that
no�v and �vill continue to do so.
Page No. 9
June 3, 1997
Mayor Nlertensotto sug�ested that the language be revised to state
that Bro�vn Institute is encouraged to continue to address student
safety.
Regarding transit service. Mr. Lander stated that the present school
at Lake Street and Hiawatha Avenue is in one of the best locations
for transit services, yet the use of transit service to the facility is only
in the 8% range. He informed Council that he will gladly work with
city staff to ��°ork �vith the Metropolitan Council to upgrade transit
service.
Mayor Nlertensotto informed Mr. Lander that when transit
representatives appeared before Council recently, Council asked
them to look at providin�� transit service to the school. He suggested
that the lan`U1�,�e in condition 9 be restated to read that Brown
Institute is encoura�ed to address public transit services for its
students.
Councilmember Koch indicated that she did not feel that conditions
eight and i�ine are necessary but that she supports approval of the
conditional use permit and would therefore vote to approve the
revised resolution.
City Attorney Hart stated that if Council approves eight foot stalls it
would not be setting precedent because there is more than adequate
space to provide parkin�,� in accordance with the Zoning Ordinance.
It was the consensus to direct the city attorney to work with
Mortenson on the pro-ration provisions in the developers agreement
and to appro��e teclinical amendments to the agreement which were
developed by the city attorney.
Councilmember Krebsbach moved adoption of Resolution No. 97-
26, "A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT FOR IvIINING FOR MORTENSON TO RELOCATE
BROW�1 I�ISTITUTE TO THE CRAY BUILDING UNDER
CERTAIN CONDITIONS," as revised with respect to conditions 7,
8 and 9(condition 7 re�tised to state that all parking spaces be striped
3' x 20' as per tl�e applicant's specific need), and to approve the
revised draft of tlle developer's agreement and authorize its
eYecution by the `�Iayor, along with authorization for the issuance of
signa�e a�ld buildin` permits for si�nage and building modifications.
Page No. 10
June 3, 1997
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CABLE UPDATE Council ackno�vled�ed a letter from NDC-4 and an overview of
NDC-4 Joint Po«�ers Agreement discussion. Executive Director
Jodie Miller and Nlendota Heights NDC-4 Citizen Representative
Mike Sokol ���ere present for the discussion.
Ms. Nliller `�ave a history of NDC-4 and information on the services
it provides. She stated that right now the commission feels it is
important to discuss with member cities the alternatives for the
future. She then revie�ved options.
Mayor Nlertensotto stated that currently no city can withdraw during
the esistin�� franchise before the year 2000, and thereafter cities must
give six months notice before withdrawing.
Mr. Sokol stated that under federal law, NDC-4 has a three year
period of time during which a cable company can approach the
commission re��arding franchise renewal. He e�cplained that the
commission needs to know if the seven cities intend to stay in the
group. He informed Cotmcil that in the next few months the
franchise ���ill be transferred to a new owner, and renewal of the
franchise a�ld the transfer are two separate issues. He stated that the
commission ���ill need to gt some kind of indication from the cities
on �vhether they ���ould prefer to stay in this type of arrangement.
Mayor Mertensotto responded that it was very difficult to amend the
franchise a�reement. He asked what would happen if one of the
larger cities ptills out and takes the majority of the customers with it.
He stated that there is an a�reement in force right now and he thinks
the commission has to make the assumption that if all things are
equal, those cities �vill continue, but he did not know how the
commission could �et a formal commitment from the cities.
Mr. Sol:ol stat�d that he needs to find out if Council is satisfied with
what has occurred and that Council would like NDC-4 to continue.
He stated that if the commission finds out that a major city is not
goin� to sta�� ���ith the group, then it will have the ability to contact
another cit�� to join.
Ma}�or Vlertensotto responded that all the cities would have to be
informed if oile of the major cities were to indicate withdrawal, but
Page No. 11
June 3, 1997
for now the commission has to negotiate with the assumption that all
seven cities �vill continue.
Mr. Sokol stated that he needs to know that he has an understanding
that Mendota Hei�hts feels that what has gone on in the past has
been satisfactory and that if that continues Mendota Heights will
remain — whetller Council is satisfied with the arrangement of the
past and satisfied with the way things have progressed.
Councilmember Krebsbach stated that she thinks that everything has
worked �vell; but there are people who want programming they
cannot access.
Ms. Miller responded that NDC-4 has continued to grow in the
number of pro��rams it is preparing and providing.
Councilmember Huber stated that what the NDC-4 representatives
need from Council is: an indication of whether Council is happy with
what has been �oing on �vith NDC-4; feedback on whether Council
is thinl:ing about stayin� in the group; and, whether there are changes
Council would like to see. .
= Ms. Miller informed Council that the cable operator must cover all
of the costs of transfer of ownership of the cable system.
Councilmember Krebsbach asked that the commission make sure
that the s��stein remains state of the art.
Ms. Nliller informed Council on new equipment which will be
delivered to the city soon.
FIRE STATION SITE Council ackno�vledged a memo from Public Works Director
Danielson re��arding concerns over the old fire station site. Mrs.
Laurita �Veinzettel and ��Ir. Cliff Kirchner were present for the
discussion.
Mayor Mertensotto asked Mr. Kirchner if he had arrived at an
agreement �vith staff on �vhat can be done.
Mr. Kircluler responded that he spoke to Mr. Danielson last week
and indicated that he would like to keep the bottom for a turn around
(so that his tenant can maneuver his trucks) and just have the side
fenced.
Page No. 12
June 3, 1997
Mayor Vlertensotto responded that if the city installs a fence, it
would be from the front property line all the way to the existing
hed��e.
Mrs. Weinzettel stated that she came before Council a year ago and
asked Cotincil ���hat they �vould do with the property ne:ct door to her
home, and si�lce then the old fence was taken down and some fence
posts ��•ere ctit off; but that is all that has been done. She stated that
the la���n has not been cut vet this summer and it is full of weeds and
gets no maintenance.
Mayor Vlerteilsotto informed Ms. Weinzettel that the city will install
a wooden fence all the «�ay down the property line. He stated that he
has dri��en do���n the Weinzettel driveway and appreciates Mrs.
Weinzettel's concerns; and felt that a staggered board fence six feet
tall �vould help. He stated that the fence will at least screen the
adjoinin�� property to some extent, and that the city will also
establish a maintenance program for the old fire station site. He
informed ��Ics. «'einzettel that the city will also install no parking
signs alon`� the troilt and if that does not work a chain link fence will
be installed.
Mr. Kirchner stated that he told the landscape firm that the operation
has to be ��one in sis months.
Councilmember Huber moved to authorize installation of a six foot
high fence from the front property line of the old fire station property
to the lilac bushes alon� the south property line and also to authorize
installation of' ilo trespassing and no parking signs in the front, and,
if that does ilot ���urk; to install a cyclone fence, and also to direct
staff to de�•elop a program for maintenance and erosion control on
the site.
Councilme�nber Koch seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 97-09, Council ackno���led��ed a letter from Mr. Martin Coyne, Vice
GEORGE'S GOLF TEE President of r�\I13 Institutional Realty Advisors, Inc., requesting
Council recansicieration of an application from Opus Corporation for
rede��elopm�nt ot the Geor�e's Golf Tee site and reconsideration of
AV'IB/�meritech Pe�lsion Trust's (�1PT) request for Tax Increment
Financin�7 ass�stance. Council also acknowledged an associated
report from �ldministrator Batchelder. Mr. Coyne, and Mr. David
Bany�asser, from OPUS; «�ere present for the discussion.
Page No. 13
June 3, 1997
Mr. Coyrle e�plained tliat APT Nlendota Heights, Inc., a subsidiary
of Ameritech, is requesting Council approval for permission to
reinstate Case No. 97-09 �vhich was withdrawn on May 20. He
stated that AI'T also requests approval of the plan for construction of
a single sto►•�� 1�0,491 square foot office-warehouse as previously
submitted ancl modification of the TIF proposal in accordance with
his letter.
Mayor Nlertensotto responded that if Council re-opens and reinstates
the application, the same Planning Commission recommendations
would apply and all of the plans which have been submitted for the
project �vould be reinstated. He stated that one of the problems with
the application �vas on the transfer of TIF. He stated that it has been
disco��ered tllat there had been a past situation with the VGC
buildin�� �vhere United Properties was the developer and there was an
up front statcci transfer. He informed Council that when it was
discovered that Council had allo�red that transfer, he told Mr. Coyne
that the matter could be brou�ht to Council for reconsideration if
there is a stated up front transfer, and if APT would accept $250,000
in up fi•ont TIF as the total TIF, based on the amount of additional
soil correction needed. He pointed out that the TIF would be
effecti��ely reduced from the initial request for $500,000 down to
$250,000. .
Mr. Covne responded that the conditions and the TIF amount are
acceptable.
Mayor Nlerteiisotto informed Council that he had requested
Administrator Batchelder to prepare an itemized list of all drawings,
maps; communications and other documents that has been submitted
with respect to the original application.
Administrator Batchelder stated that the list has been prepared and is
attached to the proposed approvin` resolution as Exhibit A.
Mr. Covne stated that he has revie��ed the Exhibit and that it is
correct, ho���e��er tllere is aiso the issue of the rear yard setback
variance.
Mayor V[ertensotto a�,�reed, statin` that a si;cteen foot variance from
the 50 foot fi-om the rear ��ard setback requirement is needed. He
informed Mr. Coyne that he is concerned that Mr. Coyne understand
that if Council re-opens consideration, that reconsideration will be
based on the items listed on EYhibit A.
Page No. 14
June 3, 1997
Mr. Coyne agreed. He explained that Ameritech is the applicant and
will be the developer for AMB Real Estate Trust.
Councilmembcr Krebsbach stated that Mr. Coyne represented at the
last Council meeting that the R.L. Johnson would be repainted. She
asked if that commitment is still a part of the package.
Mr. Coyne responded that it is no longer a part of the package as it
stands no�v, because corners had to be cut because of the reduced
TIF, but in developing the George's Golf site at some point in the
fiiture the R.L. Johnson ���arehouse will be painted as routine
mainte�iance. I-Ie further stated that he had also discussed removing
the fence at �360 Pilot Knob but neither fence removal nor
landscapin<, at ?360 Pilot Knob is part of the proposal. He stated
that at the last meetin�� he put those items on the table as being items
he would be prepared to include, but that he is not including them in
the application this evenin�.
Councilmember Krebsbach moved to reopen the application to allow
reconsideration of the project.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
RECESS Nlayor 1�Iertensotto called a recess at 10:00. The meeting was
reconvened at 10:08 p.m.
Mayor l��Iertensotto asked �vhat the exterior finish of the building will
be and if it �vill be the same on all sides.
Mr. Ban�asser , sponded that the same type of pre-cast material will
b se on a for ides of the structure, and there will be geometric
designs only ie front to depict the entrances. He explained that
there ���ill be architectural grill �vork and recessed entries on the front
of the buildin�T. He stated that the rear of the building will have the
� same pre-cast and �vill have reveals but no glass. He eYplained that
� the reveals are ��rooves in the pre-cast material, and that the material
�vill be smooth and �vill look like Dry-vit. He informed Council that
the overhead doors �vill replace the glass in the back and that he
envisions that the same masonry stain scheme will be used on all
four sides of the builc�in�T and that the blue banding at the top will go
all arouizd the buildin��. He stated that there will not be scrolling ar
�rill���ork abo��e the cloc�s and that there will only be docks where
they are n�ecled bv tenants. `'Jith respect to the need for variance, he
etiplained that oniy about �400 square feet of the building (the corner)
Page No. 15
June 3, 1997
needs the variance. He stated that there are existing evergreen trees
alon� that trail to break up the view of the building from the trail.
Respondin�� to a Council question on signage, Mr. Bangasser stated
that he envisions there will be some type of monument sign and also
some sort of identification over the entrance for each tenant and
possibly something just below the architectural grillwork. He
informed Council that he does not believe the signage will be
li�hted, e�cept for indirect lighting on the monument sign.
Mayor Mertensotto informed Mr. Bangasser and Mr. Coyne that the
city does not ���ant lighted signs on the building.
Councilmember Krebsbach stated that she is interested in the
triangular piece of adjacent property being maintained. She also
asked if there is documentation that the soils correction will cost
$250.000.
Mr. Ban�,�asser responded that the parcel is not part of the project and
that APT is not purchasing it.
With respect to soils correction, Mr. Coyne stated that the soils
report has been submitted to city engineering for review.
Mayor Vlertensotto informed Mr. Coyne that the TIF is addressed in
a separate a�reement �vhich is not before Council this evening. He
stated that there �vill be an understanding that TIF is limited to
$2�0;000 up frotzt, that there will be no pay-as-you-go TIF, that
APT ��-ill be tlle developer and AMB Real Estate Trust will be the
transfer entin•, and that there �vill be no pay back provision because
this is an up front disclosure. He stated that once Council approves
the project; APT can make application to the code enforcement
officers for a building permit, but that the TIF agreement must go
forward or there will be no TIF payment.
Councilmember Koch moved adoption of Resolution No. 97-27, "A
RESOLUTION GRANTING A BUILDING PERMIT AND A
VARIA�ICE OF SIXTEEN FEET TO THE REAR YARD
SETB�CK FnR AN OFFICE/WAREHOUSE DEVELOPI��ENT
AT GEORG�'S GOLF TEE," which also includes Attachment A.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
Page No. 16
June 3, 1997
Council reco��nized Mr. & Mrs. George Waters, owners and
operators of Gc:orge's Golf Tee and expressed appreciation for the
service they have provided to the community.
FRIENDLY HILLS SOD Council acknowledged a report from Engineer Mogan regarding
Friendly Hills sod replacement, including recommended conditions,
and a memo tabulating bids received for the repair of sod in Friendly
Hills and restoration of the old fire hall site. Council also
ackno�vledged letters from Mr. and Mrs. Mark Aune, 708 Decorah
Lane, and Ms. Darlene Melquist, 2250 Apache Street.
Ayes: 4
Nays: 0
Mayor Nlertensotto pointed out that one of the conditions is that the
city will restore sod for every homeowner who makes a$50 deposit,
and, if the sod is gro�vin<� by September 1, the deposit will be
refiuided.
Engineer Vlo�,an revie��•ed the bids, stating that LaPointe
Landscapin��, tlle lo�v bidder, was responsible for the sod in the
Curley's project and did a�reat job. He did not have any reservation
about recommendin; LaPointe. He informed Council that sod could
be replaced e��ery month and it would not grow unless the
homeo���ner takes responsibility for it, which is the rationale behind
recommendin� a deposit. If the grass is growing by September l, the
deposit ���ould be returned.
Mr. LaPointe. o��•�Ier of LaPointe Landscaping, was present for the
discussion and intormed Council that September 1 would be a
satisfactor}� date. He stated that he will bill the city on a square foot
basis. `��ith respect to the fire hall site, he stated that he will place
and �rade fot�r inches of black dirt on the site, install the sod and
water it for thirtv davs.
Councilmember Koch moved to authorize Engineer Mogan to
proceed ���ith tlle Friendly Hills sod replacement program predicated
on a��0 deposit per homeowner; with refund of the deposit if the
grass is �`ro���in�� b}� September 1, and to accept the low bid of
LaPointe Li1I1CiSCa��in;� for the Friendly Hills sod replacement and
installation of four inches of topsoil, leveled, and sod at the old fire
hall site, includin�� «=aterin` for thirty days.
Councilmember Huber seconded the motion.
Enyineer �Io<,an �vas directed to notify the Friendly Hills
nei�hborhood about the sod replacement program and to further
Page No. 17
June 3, 1997
notify the nei�hborhood that applications for sod replacement must
be received no later than June 20.
ENTERPRISE RENT-A-CAR Council ackno�vledged a memo from Administrator Batchelder
rebardin;� a request from Vir. Dale Glowa, United Properties, for
Council consideration of �vhether automobile storage lots could be
considered a conditional use in the industrial district. Council
acknowledged a letter from Mr. Glowa indicating the Enterprise
Rent-a-Car has e�pressed interest in relocating its regional
headquarters in the proposed Phase II of the Enterprise Corporate
Center and �vishes to construct an outdoor surface parking lot across
Pilot Knob Road.
Mayor i�lertensotto pointed out that Council has never approved
large spans of blacktop for the purpose of storing vehicles.
It was the consensus that ��•hile Council appreciates Mr. Glowa's
efforts, it has no interest in allowing this type of use in the industrial
area.
DAKOTA BANK Council ackno�vled��ed a letter from Dakota Bank President John
Seidel requestin�; appro��al to change the building plan for the bank
to allo�v rock iace block instead of Kasota stone. Council also
ackno�vled��ed a copy of a letter from ECI Building Contractors to
Mr. Seidel regarding an increase in the building contract if rock face
block �vith a block cap is replaced with Kasota Stone with a stone
cap.
Mr. Seidel stated that the cost for Kasota stone would be close to
$70,000 because there ��-ould be a three ��zeek delay in the project
which «�ould cost the ban� additional funds.
Mavor ��terte�lsotto stated that the increase in cost is not Council's
doing. He poi�lted otit tllat the w�ay the project is approved right now
is with Kasota stone. He stated that when the bank representatives
increased the building size and added a second story and removed
the gable roof ,���hich «�as one of the features of the original building
design, the trade-off �vas to be that the building would be adorned
with Kasota stone. He iizformed Ivlr. Seidel that Council allowed the
change in the plan �vhich ���ould increase the building size because
Mr. Seidel sold Council on the Kasota stone and now he is saying
there ���ill be no Itasota stone. He stated that if there is no Kasota
stone, tlle c�ualit�� of the buildin�� will be reduced. He pointed out
that the cit�' pllt 1 Sl��nificant amount of public money (TIF) into
Page No. 18
June 3, 1997
development of the site and the bank is now reducing the quality of
the buildin�.
Mr. Seidel responded that he is before Council this evening because
when the final plans for the building were approved one of the issues
that was discussed �vas stone on the building. He stated that Council
was adam�nt on Kasota stone and he went ahead with the
understandin�� that after the bids were received if the cost for the
stone ���as unreasonable Council would allow him to come back to
discuss the issue.
Mayor Nlertensotto responded that if Mr. Seidel did not know the
cost or �vhether it ���ould be feasible, he should not have proposed the
stone in order to �et the project approved.
Mr. Seidel stated that the last time he came before Council he agreed
to spend � 10,000 for the fi•ontage road and he mentioned that the
banl: project ���as �-�0.000 over estimate. The overage has come in at
$56,�50. and no��� it is closer to $70,000 over estimate if stone is
used. He stated that the banlc is the owner of the building and the
bank representatives do not feel that rock face block in place of
Kasota �vill diminish the quality of the building. He further stated
that the o«�ners of the property felt that Kasota was still an issue and
after the tinal analysis felt that whether the overage is $56,000 or
$70,000; the buildin`� ���ill still be a high quality project using rock
face block.
Couilcilmember I Iuber stated that his recollection is that when
Council tirst discusse:ci the issue of Kasota Stone versus rock face,
NIr. Seidel's presentation �vas that there was definitely a concern on
the bank's part on ���hat the stone would cost but Council approved
the project �vith Kasota. He further stated that, speaking for himself,
his appro��a1 of the project did not turn on Kasota versus rock face
block.
Councilmember Krebsbach stated that her interest was in the
retainit�� ��-all, anci that it be Kasota stone. She further stated that
COLlI1C1Iy���ants consistenc�� between the building and the wall.
Nla�ror �-Iertensotto stateci that he has discussed an offer with Mr.
Seidel �vherein he proposed that the city contribute $22,500 in up-
front TIF to offset the ���;000 which Mr. Seidel's letter indicated
�vould be sa��ed if rock face block were used. He further stated that
he feels very strongly that from the amount of public money which
has gone into the project that the city needs a high quality building
Page No. 19
June 3, 1997
and the bank presented the building with Kasota stone. He informed
Mr. Seidel that Ile is not pleased with the approach of presenting
something and then coming in with a change later, particularly since
the city is investin� �23�.000 in TIF. He felt that the city has been
reasonable in offcrin�� the change in the developer's agreement to
provide the additional u�-front TIF in order to keep that Kasota
stone. He pointed otit that the city did not spare any expense in
desibning City Hall and that Council wants to follow that same decor
and quality throu��h the intersection. He stated that the city has
worked in a cooperative manner with the bank and SuperAmerica
and has made a significant financial investment in the project and to
clean up the site. '
Mr. Seidel respondeci tl�at he feels that the bank has also been
cooperati�'f: ZI1C� i�11L lllf: Iast time he came before Council there was a
stron�� 111CI1�AC1011 0�` tI1C l�ailk's cooperation by its participation in the
fronta�e road.
Mayor Vlertensotto statccl that Mr. Seidel made the offer for the
fronta�e road to keep tlie access open and the city is paying the
majority of the cost for tlle loss of state funding.
Mr. Seidel responded that he also wants the city to be proud of the
bank facilitv and that he llas received approval from his partners for
50% of the cost of Kasota.
Councilmember Krebsbach informed Mr. Seidel that the record is
clear that the «�all is to be Kasota stone.
Councilmember Huber asl:ed Mr. Seidel if he is saying that there
could be Kasota on the b�iilding and rock face block on the wall.
Mr. Seiciel responded that if the construction contract is changed the
cost ��'ould be an additio�lal $�6.000.
Mayor �=(crten5otto statc�i that the city cannot do any more pay-as-
you-go TII� for the projcct.
Councilmember Krebsbach stated that the building that was
proposed b�� the bank representatives is costing more than e:cpected
and NIr. Seidel is no�v asking the city to pay half of the cost of the
stone. She asked Mr. Seidel why he represented in the first place
that Kasota stone would be used. She suggested that perhaps Mr.
Seidel never plail►zed to use Kasota, but that is the way it was
presented to her and Councilmember Smith in the meetings they
Page No. 20
June 3, 1997
attended, on �chalf of Council, with the Mr. Seidel and the chairman
of the bc�ard ol' I�al:ota [3ailk. She stated that Kasota stone was in
Mr. Seidel's E�rese�ltation at that time, and the drawing of the
buildiil�� that ���as presentcd to Council included Kasota stone.
Mayor Mertensotto adcicci that Mr. Seidel presented a plan to the
Citv Council subcommittee and later came back before Council and
changed that plan to add the second story. He again offered that the
City w°ould contribute an additional $25,000 in TIF as an up-front
payment so that Kasota can be retained.
Mr. Seidcl res��e�nded that he has explained to Council why the
project is o� er bud��et and that he can commit to a$35,000 city
contribution but no less. He stated that Council has to decide what it
wants to do ���itli the project and that he thinks he is making a
reasonable request.
Councilmember Koch stated that the letter from Mr. Seidel talks
about ��•antin�� to change from Kasota to rock face block, and in the
minutes from the first ineeting with Council Mr. Seidel asked to be
allo«•ed to c�me back to discuss the matter if the cost for Kasota was
too ;`reat. Sllc stated that tllat is what Mr. Seidel is now saying, and
also that hc ���ants to chan�Te the Kasota to rock face block on the
buildin�� ancl si`�n (�vall) to be consistent.
Councilmember Krebsbach stated that she thinks Council should
for��et tlle Kasota, since it is apparent that the bank never intended to
use it.
Councilmember Huber stated that he does not feel that the bank is
doin`� a"bi`7 s���itch" on Council and that he felt at the Council
meetin�� i\'IlCll Illl; pl�l(1 \�'as approved that there was some real
reluct£1RCC Ull lll� IJQII�'' part to use Kasota.
Ma}�or \�Iertensotto responded that as far as he is concerned, the
Kasota stone ���as proposed by the bank in order to get the plan
approved ���ith a change to t�vo story and the change in decor. He
fiirther stated that; because of the public money invested, Council
wants the project to be hi�7h quality. He informed Mr. Seidel that if
the majorit}� of Council ���ants to allow the change to rock face block,
they could certainlv ��rant a�proval but that he will not support a
motion to that afPect.
Page No. 21
June 3, 1997
Councilmember Huber moved to allow a change in materials to
allo�v the replacement of Kasota stone with rock face block on the
bank building and wall.
Councilmember Krebsbach seconded the motion.
Ayes: 3
Nays: 1 Mertensotto
CELLULAR/PCS ORDINANCE Council ackno�vledged a memo from Administrative Assistant
Hollister re��arding the draft cellular/PCS ordinance.
RECREATIONAL VEHICLE
ORDINANCE
Assistant Hollister revie���ed the history and process used to develop
the draft and asked if Council wishes to establish a public hearing
date this evenin�, if Council wishes to make comments about the
ordinance this evenin� and ho�v Council envisions the appropriate
timing and forniat for input from the cellular industry. .
It was the consensus to schedule Planning Commission discussions
with indtistry representati�•es in June, followed by a Planning
Cornmission heZring in .f ulv and Council hearing in August, which
would allo�v an ordinance to be in place by September.
Councilmember Huber pointed out that the draft ordinance does not
address C.O.���.5.
It was the consensus to ciirect staff to inform the Planning
Commission that anti-COVV lan�uage should be included in the
ordinance. y
COL111C1� ZCkn����led`�ed a memo from Assistant Hollister along
with a c�raft amendment to the Zoning Ordinance relative to
recreational vehicle parkin�,� and storaQe.
Administrator Batehelcler stated that the intent of the e:cisting
ordinance lan�LlZ�e is to keep recreational vehicles in the rear or side
yard, but tfle ordinance is ambiguous as to what the side yard is. He
further stated that the int�nt of the ordinance is to keep recreational
vehicles behind the fi•ont ot the house in the side or rear yard. He
also in('ormed Council that the other ambiguity in the eYisting
lan�ua��c is ���hen does ��.irl:in� become storage.
Nlayor V(ertensotto resp��nded that Council has always interpreted
the front yacd to be the portion of the property in front of the house
from sicle lot line to sidc lot line. With regard to parking versus
stora�e, he felt that the o►•dinance should define storage on a time
(hourl}�) basis.
0
Page No. 22
June 3, 1997
Council referred the draf�t ordinance to the Planning Commission
with direction to the Commission to set the public hearing.
COMPREHENSIVE PLAN Council AChIlO�VIeCl�ecl a memo from Assistant Hollister regarding
proposalti recci��ed from consultants interested in preparing the
City's C�mprehensive Plan update.
Administrator Batcheldrr informed Council that RFP's were
developecl and submittecl to consultants, and the current city planning
COIISLIIi111C, �-lcCombs Frank Roos Associates, submitted a very good
proposal. He recommencied that the city contract with McCombs.
It �vas the consensus of Council to accept the proposal of McCombs
Franl: Roos associates. Ine. and to notify all of the firms which
submittccl l�roposals.
DISPUTE RESOLUTION C011I1C1I acl:no�vled�ed a memo from Administrator Batchelder in
CENTER response to a rcc�uest ti•om tlle Dispute Resolution Center for a$500
donatioil to help support tlle Center's operations.
Administrator Batchelder informed Council that the city has referred
several m:.diation cases to DRC but the six cases that were referred
to in tlle Center's letter to tlle city were not city referrals.
Ma}�or � lertensotto statrci that the city gets so many requests for
donations thQC CULI11C1I Cannot accept them all. He noted that a$500
contribution t�•as made to DIZC last year but that he thinks the Center
should cio better ad��ecti5in�` rather than asking for donations. He
also pointed out that tllr ser��ices of DRC are not free.
It was the consensus of Cuu�lcil to deny the request.
IVY HILL PARK Councilmember Koch stated that the condition of Ivy Hill Park has
not impro��ed and no��� the �irass in the upper section of the park is
not e��cn bcin�_ ctit.
Admin��t�•ator I3atchelcl�r responded that staff will be bringing
recommrnciations to Cow�cil at the neYt meeting on how to fix the
berm area. Re�,ardin�� the movving, he stated that the public works
departme�lt has had difticult�� getting seasonal help but will hopefully
hire indi��icluals soon.
Mayor ��[ertensotto sug�Testeci that the city hire someone for a few
hours a��eel: to mo�v some oFthe small pieces of city property.
�vlS c c�-�-� 11 r c�- c� �a r f r� w-�
� � � l-�`` ( � f,��s a � � e vv.� � �� e e S � �
O l�- � ` `re' �` �� � a �'e-�,�, � v r-s a °� `i
� ��� �9-1•-(,` �`' �' f �-a c � �- -�us S . 6 � s ►.�"�- L f
V�-�- r�� �� ��-c� C� �-� �ra�-�-r-E- c e-S'.
Page No. 23
June 3, 1997
COLTNCIL COMMENTS Councilmcmber Krebsbach commended the Planning Commission
on its drlihcrati��e etfortti. She also expressed appreciation to Public
Works I�ircctor Daniels��n and Engineer Mogan on the notifications
that ha��e �een ��iven to I'ilsen neighborhood residents. She also
asked ���lietlier somethiil`` can be done to reduce the dust coming
from the streets that are be:ing torn up.
ADJOURN There bcin`� no fiirther business to come before the Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Koch s�conded the motion.
Ayes: 4
Nays: 0
TIV1E Ol� .aDJOURN��IEN"I': 11:42 o'clock P.M.
Kathleen M. Swanson
City Clerk
����I.��
Charles E. Mertensotto
Mayor
LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL
June 3, 1997
Concrete/Masonrx Contractor License
Northwestern Masonry
ExcavatinQ Contractor License
Dean's Construction Co
State Mechanical Inc.
Gas Piping Contractor License
Roseville Plumbing & Heating, Inc.
HVAC Contractor License
Roseville Plumbing & Heating, Inc.
S & S Plumbing & Heating
General Contractor License
Countryside Pools Inc.
Keller Residential, Inc.
M J Construction Exteriors Inc.
M. A. Mortenson Company
Nardini Fire Equipment Co., Inc.
Tappe Construction
Vanman Construction Co.
Drywall/Stucco Contractor License
American Drywall
K.M. Nelson Stucco, Inc.
Sign Contractor License
ASI Sign Systems
Landscape/Tree Service Contractor
Accent Lawn and Landscaping Inc.
,
� FIRE CALLS NO.
MENDOTA HEIGHTS FIRE DEPARTMENT
MAY 1997 MONTHLY REPORT
97084 - 97106 NUMBEROFCALLS:
FIRE ALARMS DISPATCHED:
ACTUAL FlRES
Structure - MH Commercial
Structure - MH Residential
Structure - Contract Areas
Vehicle - MH
Vehicle - Contract Areas
Grass/Brush/No Value MH
Grass/Brush/No Value Contract
MEDICAL
Assist
Extrication
HAZARDOUS SITUATION
Spilis/Leaks
Arcing/Shorting
Chemical
Power Line Down
FALSE ALARM
Residential Malfunction
Commercial Malfunction
Unintentional - Commercial
Unintentional - Residential
Criminal
a00D INTENT
Smoke Scare
Steam Mistaken for Smoke
Other
MUTUAL AID
TOTAL CALLS
LOCATION OF FIRE ALARMS:
MENDOTA HEIGHTS 2 0
MENDOTA
SUNFISH LAKE 2
LILYDALE 1
OTHER
TOTAL 23
WORK PERFORMED HOURS
FIRE CALLS 275
MEETINGS 63.5
DRILLS 126
WEEKLY CLEAN-UP 3 0
SPECIALACTIVITY 35
DMINISTATIVE 0
=1RE MARSHAL 1 8
I TOTALS 547.5
NUMBER
�
0
1
0
1
2
4
2
5
2
2
23
TO DATE
89
1
5
9
2
106
TO DATE
1661.5
325.5
692
139.5
331.5
0
321.5
3471.5
STRUCTURE CONTENTS
$500
$1 ,000 $200
23
MISC. TOTALS TO DATE
$35,800
$1,200
$1,500
$10,500 $17,000
$0
TOTAL MONTHLY FIRE LOSSES
$1,500 $200 $10,500
FIRE LOSS TOTALS MENDOTA HEIGHTS
ALL FIRES, ALL AREAS (MONTH) $12,200 $55,500
MEND. HTS.ONLY STRUCT/CONTENTS $29,700
MEND. HTS. ONLY MISCELLANEOUS $24,300
MEND. HTS. TOTAL LOSS TO DATE $54,000
BILLING FOR SERVICES .
AGENCY THIS MONTH TO DATE
MN/DOT $ 0
MILW. RR $ 0
CNR RR $ 0
OTHERS:
LAST YEAR
105
1
6
6
0
118
LAST YEAR
2129.5
309.5
735
159.5
529.5
0
387
4250
$0
TOTALS: $0 $0
FIRE MARSHAL'S TIME FOR MONTH
, INSPECTIONS 6
INVESTIGATIONS
RE-INSPECTION
MEEfINGS
ADMINISTRATION 12 _�-
SPECIAL PRQIECTS
TOTAL 18
REMARKS: SEE OTHER SIDE FOR SYNOPSIS
SYNOPSIS
FIRE CALLS
May 1997
The Fire Department responded to 23 calls for the month of May. While the
department did not have any serious structure fires in May, we did respond to three
different types of calls that are somewhat more typical during the summer season.
On May 18, we responded to our first lightening strike involving a house. The
lightening apparently struck near the ground next to the gas meter on the house.
Fortunately damage was limited to siding and gas piping with minor damage to the
outside of the building.
On May 24, we responded to a fully involved propane gas grill fire.
Fortunately the homeowner had positioned the grill far enough away from the house to
prevent any damage to it. The grill was a total loss.
On May 31, what could have been a tragic ending to the month tuined out to
have a happy ending when a 5 year old boy was revived from a possible drowning,
while swimming in a pool during a family get together. Thanks to quick thinking and
CPR training of those present, the child had started breathing as we arrived. We
assisted HealthEast at the scene, and he was transported to Children's Hospital.
TRAINING
For the monthly general drill we tested our 4" hose as per OSHA & NFPA 1500
requirements. We used this opportunity to sharpen our skills of relay pumping before
actually pressure testing the hose. Each truck carries approximately 600-700' of 4"
hose which we tested at 250 lbs for 5 minutes. The hose is inspected for leaks and
fitting connections, is identified, remarked as needed, and then entered into our log
books for inspection.
SQUAD DRILL
The squad drill was centered around drafting from a drop tank and being able to
provide 250 GPM of water for two hours. We used the 2,000 gallon tanker (2295) and
1,000 gallon tank from truck 2286 to supply water to our drop tank.
..,.., � _;
FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR MAY 1997
S eclal Account includes: fi�e revention, SOth Anniversar Meetin , outside fire schools
ALLS FOR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER SQUAD SPRING SPECIAL
23 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL CLEANUP ACT.
YEAR TO DATE ATTD HOURS ATTD THIS 1-. 2 1.5 4 2 3
106 MONTH MONTH YEAR YEAR HOURS HOURS HRS. HOURS HOURS HOURS HOURS
Adrian, Ed 5 5 48 45% 2 1.5 2
Blaeser, Bret 5 5 64 60% 1 2
Brennan, Mike 1 1 20 19% 1 2
Coates, Aaron 4 4 33 31% 1 2 1.5 2
Connoll , Marcus 10 9.5 55 52% 1 2 1.5 2
Coonan, Mike 8 8 34 32% 1 2 1.5 2
Dreelan, David 9 8.5 56 53% 1 1.5 4 2 1
Dreelan, Paul 6 6 38 36% 1 2 1.5 2 2
Husnik, Ted 4 4 28 26% 1 1.5 2
Katzenmaier, Ron 18 17.5 66 62% 1 2 1.5 2
Kaufmann, Mark 6 6 47 44% 1 2 2
Kibur , Jim 12 12 54 51% 2 1.5 4 3
Kn sle , Ro 11 10.5 58 55% 2 2 1.5 4 6 1
Klarkowski, Walt 4 4 20 19% 1 2 1.5 2
La akko, John 17 16.5 72 68% 1 2 1.5 2
Lerbs, Jamie 12 12 54 51% 1 2 2
Lowe, Geor e 12 12 65 61 % 3 4 1.5 4 6 16
'�czko, John 9 8.5 47 44% 2 4 2
aczko, Mike 7 7 46 43% 1 2 2 3
McNamara, Rand 6 6 31 29% 1 1.5 2
Nelson, Gerald, Jr. 10 10 53 50% 1 2 1.5 2
0 0 18 17%
Olund, Tam 5 5 34 32% 1 2 1.5 I 2 3
Oster, Tim 4 4 39 37% 1 2 2 3
Paton, Dave 11 11 41 39% 1 1.5 2
Perron Jim 9 8.5 44 42% 1.5 4 1
Perron, Kevin 6 6 41 39% 1 1.5 � 2
Shields, Tom 5 5 35 33% 1 2 2
Sk'erven, Gord 15 14.5 64 60% 1 2 1.5 2 3
Stein, Keith 8 7.5 72 68% 1.5 I 3
Stenhau , Jeff 13 12.5 44 42% 1 2 4 2 1
Weinzettel, Tom 9 8.5 33 31 % 1 1.5 2 3 1
Weisenbur er, Ken 12 12 55 52% 1 2 1.5 2
Zwirn, Dick 8 7.5 52 49% 1 2 2 1
TOTAL FOR MONTH 275 TOTAL ATTENDED 30 24 24 7 31 6
TOTAL FOR YEAR 1661.5 TOTAL MAN HOURS 30 48 35.5 28 � 62 16 35
THIS MONTH LAST MONTH LAST YEAR
' VE. RUNS/MAN 8.78 XXXXXXXXXX XXXXXXXXX
!E. MEWRUN 12.22 13.31 14.47
AVE % FOR YEAR 46.02 48.19 54.88
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT, MAY 1997
DAKOTA, INC.
Checking Account 1.05°/a
Savings Account 2.15%
C.D. Rep. 3.00%
Collateral - Bonds
Gov't. Guar.
CHEROKEE STATE BANK
Saving Cert. 8/17/97 @ 3.63%
Collateral - Bonds
Gov't. Guar.
. HL Bk 7.05% (PRU)
FHL Bk 6.18% 9/25/98 opt 97 (PRU)
LaSalle Bank CD 5 1/2/7%
FHLMC 7.23% 12/97 FBS 6.40%
FNMA 6.18% 12/99-96
FHL Mtg. Pool 8% (PRU)
FMLC 7% Mtg. Pool (PRU) PAC
FMLC 6 1/4% Mtg. Pool (PRU)
FNMA 6% Pool (PRU)
FHLMC 6% Pool @ 101.4375 (PRU)
FNMA (1994 Pool) 6 1/2% (PRU)
U.S. Treasury Money Mkt. (FBS) �
Gov't. Securities Fund
Zero Cpn T.Bds 7.9% - 2011 (J&M)
PRU Gov't Sec Fd
TOTAL FUNDS AVAILABLE
Funds Available 12/31/96
Funds Available 5/30/96
Rates Money Market
,�lay Bank 2.85%
i�llay FBS 5.12%
LES:kkb
BALANCE
$223,894.23
$602.96
0.00
$224,497.20
$500,000.00
$100, 000.00
$13,952.59
$13,952.59
$500,000.00
$100,000.00
$247,500.00
$500,000.00
$95,000.00
$500,008.00
$500,008.00
$212, 332.22
$431,983.65
$355,665.09
$503,180.34
$198,149.52
$263, 522.30
$150,134.98
$1,002,470.00
$197,530.00
$433.00
$5,396,366.89
$7,185,466.62
$6,056,118.72
COLLATERAL
$600,000.00
$600,000.00
Value 5/30/97 (est�
$250,000.00
$500,000.00
$95,000.00
$502,000.00
$505,000.00
$210,000.00
$415,000.00
$350,0OO.OQ
$475,000.00
$195,000.00
$250,000.00
$1,360,000.00
$2,489,000.00
$310,000.00
$430.00
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION COMMISSION MINUTES
JUNE 10,1997
The regular meeting of the Mendota Heights Parks and Recreation Commission was held
on Tuesday, June 10, 1997, in the Lazge Conference Room at City Hall, 1101 Victoria
Curve. The meeting was called to order at 635 PM.
The following Commissioners were present: Libra, Kleinglass, Spicer, Liberacki and
Damberg. Commissioner Linnell azrived late. Commissioner Norton was excused from
the meeting. Also present were Recreation Programmer Chris Esser and Administrative
Assistant Patrick C. Hollister.
AGENDA
Commissioner Kleinglass moved to place the Ivy Hill Park Donation Offer item first on
the agenda before approval of the Minutes, in order to provide Commissioner Linnell
time to arrive. Commissioner Liberacki seconded the motion.
AYES: 5
NAYS: 0
[Commissioner Linnell arrived at this point.]
IVY FALLS PARK DONATION OFFER
Mr. Hollister explained that at the May 13, 1997 meeting of the Pazks and Recreation
Commission, Mr. Ralph Oyen of Ivy Hill Townhouse Association presented a letter to the
City of Mendota. Heights. The letter was dated May 2, 1997 and stated that at the last
meeting of the Association, the members voted to offer to quitclaim Lot F immediately
east of Ivy Falls Park to the City for pazk purposes.
Mr. Hollister continued that the Commission had passed a motion recommending that
that Staff research the potential suitable uses for this land, get more information regarding
ownership, and bring this item back to their June meeting.
Mr. Hollister said that Staff had done some research on this development and had
discovered that Lot G had been donated to the City at the time of plat approval for open
space and from then on has been known as Ivy Park. Mr. Hollister continued that Lot F
immediately east of Ivy Park, the lot that Mr. Oyen wishes to donate, had been set aside
for a private golf course. Mr. Hollister also reported that there had been some sort of golf
operation there at one time, but that use had long since ceased.
Mr. Hollister continued that in terms of potential active recreational use of the land, Staff
felt that the land would be big enough for a soccer field but not for a baseball or softball
field. NIr. Hollister presented a sketch drawn by Mr. Kullander showing a 120' x 240'
soccer field oriented diagonally on the land.
Commissioner Libra said that a soccer field that was 10 yards wider than that shown on
Mr. Kullander's drawing could be useful.
Chairman Spicer said that this donation would take this land off of the tax rolls, would
create more maintenance for the City, and would not be useful for the City.
Commissioner Libra said that he anticipated some opposition from the neighbors and that
the soccer field was not a critical need for the City.
Chairman Spicer said that even if the land were not to be actively used now, it could be
good to acquire for future use.
Commissioner Libra concurred with Chairman Spicer that City acquisition of the land
could assure that it remain green open space permanently and that the land might prove
useful for active recreational space at some unforeseen time in the future.
Commissioner Linnell said that acquisition of this land could be justified in part by the
consideration that there was less park land on the north side of the City than on the south
side.
Commissioner Spicer said that it would be good to obtain this land for more open space.
Commissioner Damberg moved to recommend to the City Council that the Council
accept the offer to donate this land and keep it as it is at this time, allowing the possibility
of a change in use at some future date.
Commissioner Libra seconded the motion.
AYES: 6
NAYS: 0
APPROVAL OF MAY 13 PARK Ai�1D RECREATION MINUTES
Commissioner Linnell moved to approve the May 13, 1997 Parks and Recreation
Commission Minutes with corrections. Commissioner Damberg seconded the motion.
AYES: 6
NAYS: 0
2
r
V^
f
1�
;�
ST. THOMAS SOCCER FIELD REQUEST
Mr. Esser explained that Mr. Jack Zahr of Saint Thomas Academy had asked Staff if
Saint Thomas' junior varsity soccer team could use the Kensington fields for practice this
fall from Monday through Friday, 3:30 to 5:30 p.m. Mr. Esser continued that Mr. Zahr
would like to use the fields from approximately August 18 to October 3 of 1997. Mr.
Esser continued that MHAA had already submitted its scheduling request for the same
fields beginning at 6 p.m., and that he saw no potential conflict between MHAA's and St.
Thomas' scheduling wishes. Mr. Esser concluded that Staff was concerned about the
potential wear on the soccer field resulting from granting Mr. Zahr's request and had thus
decided to solicit advice from the Parks and Recreation Commission before giving Mr.
Zahr an answer.
Chairman Spicer acknowledged a potential bias in this matter due to his connections with
Saint Thomas Academy, but continued that Saint T'homas Academy had been good to the
community and thus he was sympathetic to this request. Chairman Spicer added
incidentally that St. Thomas had shown interest in purchasing the Tousignant piece and
that a joint use arrangement for athletic/recreational facilities on that site between the
City of Mendota Heights and St. Thomas Academy could be in the best interest of all
parties involved. Chairman Spicer continued that the City couldn't really say no to one
team using the fields, and that their use of the fields would not be that great.
Commissioner Libra said that if this season has a lot of rain St. Thomas could potentially
cause significant wear on the fields. Commissioner Libra moved to recommend approval
of St. Thomas's use of the fields based on the following conditions:
1. That St. Thomas use the fields no more than 10 hours per week
2. That Saint Thomas altemate use of the fields for more even weaz
3. That Saint Thomas spread its usage within each field and not use the goal areas
excessively
4. That Saint Thomas refrain from using the fields if the ground is too wet
5. That the City retain the right to suspend all use of the field by Saint Thomas if the
field suffers too much weaz
Chairman Spicer said that the City has used St. Thomas fields for vazsity baseball, and
that it would be nice to reciprocate by letting Saint Thomas use the soccer fields at
Kensington.
Commissioner Libra said that the City had to be cazeful about the potential for
maintenance problems from excessive use of the soccer fields.
3
Commissioner Liberacki expressed concern that the conditions which the City would
impose on Saint Thomas for use of the fields may be interpreted as punitive by Saint
Thomas and cause them to impose similar conditions on the City of Mendota Heights for
use of Saint Thomas' facilities. �
Commissioner Kleinglass suggested that the conditions placed upon Saint Thomas for the
use of the fields could be made simpler if the City merely let St. Thomas use the fields
but made them repair the fields if they were damaged.
Chairman Spicer said that St. Thomas lets the City use their fields all year long, but has
never asked the City to contribute to the maintenance of their fields.
Commissioner Kleinglass said that the City has an obligation to its tax-payers to make
anyone who puts excessive strain on the fields contribute toward their maintenance.
Commissioner Libra again moved to recommend that Staff approve Saint Thomas'
request to use the fields with his previously mentioned restrictions and also ask Saint
Thomas to exercise caution when using the fields.
Chairman Spicer added a friendly amendment that Saint Thomas' use of the fields be
subject to adjustment if found to be in conflict with ISD 197 usage of the same fields.
AYES: 6
NAYS: 0
Chairman Spicer asked for a motion to recommend that the City of Mendota Heights
discuss with Saint Thomas the possibility of a joint recreational use for the Tousignant
site.
Commissioner Liberacki made the motion.
Commissioner Libra seconded the motion.
AYES: 6
NAYS: 0
Commissioner Liberacki asked if the Parks Department could install temporary goals for
practice purposes at Kensington Park in order to reduce wear on the existing goal azeas.
Commissioner Libra said that it may be good to set up two such goal areas, but that just
moving the temporary goals themselves could rip up the fields.
The Commission asked Staff to investigate the possibility of installing two additional
temporary soccer goals on the east side of Kensington Park.
4
�
PARK DEDICATION FEE INCREASE PROPOSAL
Mr. Hollister explained that at the Joint Workshop between the City Council and the
Pazks and Recreation Commission on January 14, 1997, the Parks Commission had
e:cpressed the opinion that the Park Dedication Fee for developers should be raised to
keep up with land values in Mendota Heights. Mr. Hollister continued that at the May
13, 1997 meeting of the Parks and Recreation Commission, Commissioner Libra said that
rather than merely adjust the fee for inflation the City should rewrite the fee policy so that
the fee was charged on a per unit basis instead of a per lot basis. Commissioner Libra
continued that he felt that this would be the best way for the City to make sure that it
collected the proper amount from the construction of multi-family housing units such as
apartments, townhomes and duplexes. Mr. Hollister then presented his revised
Resolution increasing the Pazk Dedication Fee to $900 per unit from $750 per lot and
asked for Commission input.
Commissioner Libra said that the fee should be $900 per single family residential unit
and $600 per multi-family unit, and directed Staff to investigate what other communities
charge.
Commissioner Liberacki said that neither the current nor proposed dollar amount for the
Pazk Dedication Fee equated to 10% of the value of a lot. Commissioner Liberacki asked
Staff to come back to the next meeting and report whether or not the City had area
� chazges for utilities such as sewer and water. Commissioner Liberacki added that writing
a check was easier than dedicating 10% in land. Com.missioner Liberacki asked the Staff
retum to the next meeting with a proposal for a sliding fee scale for Park Dedication Fees
with a lower per-unit charge for multi-family than for single family and a comparison of
other cities' Park Dedication policies.
Commissioner Linnell asked if Staff anticipated any multi-family housing being
approved in the next thirty days. ,
Mr. Hollister replied that he did not anticipate any multifamily housing being approved in
the next thirty days.
Commissioner Liberacki offered to work with Staff personally on this issue.
Mr. Hollister agreed to meet Commissioner Liberacki at a later date to discuss this
matter.
CAREN ROAD LANDSCAPING
Mr. Hollister presented Staff Memorandum regarding Caren Road Landscaping. Mr.
Hollister explained that at the March 11, 1997 meeting of the Parks and Recreation
Commission, NIr. Tom Fahey of 979 Caren Road submitted a letter to the City of
Mendota Heights asking for consideration of landscaping for the City-owned property
5
near his house bounded by Lilac Lane, Cazen Road and James Road. Mr. Hollister also
said that Commissioner Damberg had suggested native plantings and/or wildflowers for
the site. Mr. Hollister said that the area is used by the City for storm water retention, and
that the Engineering Staff is concerned that the storm water retention capacity of this site
not be compromised.
Mr. Hollister said that the four city-owned lots at the end of Caren Road are not a park,
and that Staff was concerned about the possible precedent set by an investment in an area
like this which would essentially serve the function of a passive "mini-park". Mr. '
Hollister said that the City has traditionally discouraged the creation of such mini-parks
because of high maintenance costs.
Mr. Hollister also presented two articles on native plantings and said that Staff is
concerned about the cost of maintenance of such an area. Mr. Hollister said that the
City's recent problems with Ivy Falls Pazk are testament to the fact that such projects can
have less-than-desirable results if the weather does not cooperate.
Mr. Hollister said that at the March 11, 1997 meeting of the Parks and Recreation
Commission, the Commission passed a motion requesting that Staff investigate the
landscaping possibilities on this site, including a path. Mr. Hollister continued that Staff
is hesitant to invest much time or many resources into the design of this area without
prior Council input, and that the Council may be less enthusiastic about creating a prairie
restoration area at this site than the Parks and Recreation Commission in light of the
City's recent experience with Ivy Falls Park.
Mr. Hollister concluded that if the Parks and Recreation Commission still wishes to
pursue a native plantings restoration area on the Caren Road site in light of the above,
Staff suggests that the Parks and Recreation Commission make a recommendation to the
City Council to direct Staff to investigate that possibility, being as specific as possible
about the components which the Commission would like to see incorporated on this site.
Commissioner Damberg said that the unsightly appearance of the City-owned lots at the
end of Caren Road was due to neglect, and that improvement of these lots would improve
the appearance of the whole neighborhood. Commissioner Damberg said that the City
should clean the site up and re-establish native plantings. Commissioner Damberg said
that the residents of Mendota Heights try to keep their yazds nice, and that the City should
lead by e:cample. Commissioner Dambera said that now that the road construction
project is underway, no work could be performed on this site until the work on the roads
is over. Commissioner Damberg added that Guy Kullander should come out to the site
and discuss potential improvements with the neighbors.
Commissioner Liberacki asked what the purpose of the Storm Water Utility Fund was.
:�
Mr. Hollister replied that his understanding was that the Storm Water Utility Fund was
used for the creation, improvement and maintenance of storm water infrastructure for
storm water purposes.
Commissioner Liberacki said that if the City insists that the Cazen Road site is not and
should not be a pazk, then the City should not use the Special Park Fund for anq Caren
Road site improvement. Commissioner Liberacki said that the Cazen Road storm water
pond is a City facility, and thus should be commensurate with the City's standards for
aesthetic appearance. Commissioner Liberacki said that he was under the impression that
upkeep of the grounds around the fire hall came out of the Fire Department budget, and
that the Public Works budget was used in part to keep up the grounds around their
facilities, and thus it was appropriate to use the Storm Water Utility Fund or other similar
fund to keep up the appearance of ponds.
Commissioner Damberg asked for a motion to recommend that City Staff ineet with
herself and her neighbors to come up with a plan to be funded by the Storm Water Utility
Fund or other appropriate fund, although no work could commence until the streets are
done.
Commissioner Liberacki agreed to make the motion.
Commissioner Linnell seconded the motion.
AYES: 6
NAYS 0
UPDATES
Staff provided updates on the following items:
Dovle Land Donation Offer (810 Rid�e Place)
Mr. Hollister e.cplained that despite the Parks and Recreation Commission's
recommendation against accepting Mr. Doyle's back yazd as a donation, the Council had
expressed interest in acquiring this land and had directed Staff to contact Mr. Doyle
further.
North Kensin�ton Park
NIr. Hollister e:cplained that NIr. Kullander intended to have the revised plan for North
Kensington Park finished in time for the June 17 Council meeting.
7
EMF
�i�Ir. Hollister explained that Mr. Kullander had faund an articie disputing the ill effects of
EMF and had wanted to pass this on ta the Pazks and Recreation Commission.
Parks Report
There were no comments an this item.
Police Report
There were no comments an this item.
OPEN SPACE TOUR
Cha.irman Spicer asked how many Commissioners were interested in taking the planned
"Potential Open Space Tour".
Cammissioners Kleingiass and Liberacki said that they had to ieave soan.
Chaimian Spicer said that there was only one or two parceis an the "Short list" that were
worth laoking at.
Commissioner Damberg recommended talking to Mr. and Mrs. Foss soan about acquiring
theix land if the Ciiy was truly interested in this land.
Commissioner Spicer said that the City should ask Foss and Slowinski for permission to
Iook at their properties. Commissioner Spicer fizrther suggested that this evening the
Commission only tour the two Acacia Sites and Resurrection Cemetery.
The meeting then recessed. Commissioners Kleinglass and Liberacki left, and all others
present proceeded to Acacia Cemetery.
ACACZA. CEMETERY
Cammissioners Spicer, Damberg, Libra, and Linnell and i�Ir. Hailister and Mr. Esser then
met in frant of Acacia Cemetery discussed the TIF parcels and taac-forfeit parcels in the
immediate vicinity.
The group then visited the Garron Site and Commissioner Linneil said he wanted a scenic
averlaok at that site.
Chairman Spicer directed Staff to came back to the Cammissian with cast estimates arid
preliminary concept plans for athletic facilities at the two sites near Acacia and to discuss
with the Cemetery the acquisition of thase unused parcels owned by Acacia.
8
: 1 � ! ►
Motion made to adjaum by Linnell and seconded by Libra.
AYES:
NAYS:
The meeting adjourned at 7:55 p.m.
Respectfully Submitted,
G� ��l �����"��/2-'
Patrick C. Hallister
CITY OF IVIENDOTA HEIGHTS
MEMO
� ' i • •
TO: Parks and Recreatian Cammission
FROM: Terry B(um, Parks C.eadperson
SUBJECT: Parks Report for May
1. Plant donated tress at Wentworth and Hagstram-King Parks.
2. lnstal! extra base anchors at Mendakota for Jahn Narton's (NIHAA} 13 year
old baseball teams.
3. Finish sweeping parks, City Hall and Fire Hall.
4. Aerate ballfieids and soccer field at Mendakota Park and top dress ali fields at
Mendakota Park.
5. Fertilize bail and soccer fields and appiy crabgrass prevention.
6. lnstaii soccer net at Kensington anci Menciakota Parics.
7, Naui wood chips to Kensington Par%.
8, Prep fields for MHAA In-House tournament.
9. General maintenance (cutting grass, dragging bailfieids daiiy, striping fields,
etc. }
w •
:`
CN� =NTS �
ACTIVITY REPORT - MENDOTA HGTS PARKS
Reporting Period� 04/01/97 to 04/30/97
DATE TIME LOCATION CASE NUMBER
---- ---- -------- , -----------
�4/O1/97 23=06 MARIE PARK 97000984
DESCRIPTION: PROP DAMAGE TRESPASS MS PRIVATE UNK
DATE TIME LOCATION
�4/15/97 21�46 SCENIC OVERLOOK
DESCRIPTION= MISC PUBLIC-ALL OTHER
DATE TIME LOCATION
�4/1b/97 9�52 VALLEY PARK
DESCRIPTION: FOUND PROPE�TY
CASE NUMBER
97001161
CASE NUMBER
97001165
DATE TIME LOCATION CASE NUMBER
---- ---- -------- -----------
- -� ��--�
�4 /97 16=14 � MENDAKOTA PARK. 97001214
DESCRIPTION= THEFT �200 LESS MS FRM MOTOR VEHICLE OTH�PROP
DATE TIME LOCaTION
�4/30/97 23=31 SCENIC OVERLOOK
DESCRIPTION� CONSUMPTION AGE 18-21
DATE TIME LOCATION
)4/09/97 18=08 MENDOTA PARK
DESCRIPTIO��= ANIMAL-DOMESTIC/L�OSE
DATE TIME LOCATION
)4/05/97 13=34 VALLEY PARK
DESCRIPTION= ANIMAL-DOMESTIC/LOOSE
, E TIME LOCaTION
)4/03/97 17:52 KENSINGTON PARK
DESCRIPTION� OTHER PARKIi�JG COMPLAINTS
CASE NUMEEft
97001336
CASE NUMBER
97001103
CASE NUMBER
97001040
CASE NUMBE4
97001023
,_
a�
CITY OF MENDOTA HEIGHTS
MEMO
June 12, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Administrator
Subject: NOISE Annual Conference
DISCUSSION
On July 23 - 26, 1997, the City of Eagan will be hosting the Annual National
Organization to Insure a Sound-Controlled Environment (NOISE) Conference. All conference
events will be held at the Royal Cliff Conference Center in Eagan. (Please see attached
conference program.)
This conference represents a prime opportunity for our Council members, Airport
Relations Commissioners and staff to attend educational sessions on aviation noise without
incurring the costs of travel and hotel. Reduced rates for the conference are available if
registration occurs prior to June 23, 1997.
City Council members who desire to attend this conference should contact Kim Blaeser,
Senior Secretary to register for the conference.
ACTION REOUIRED
If any Council member so desires, they should contact Kun Blaeser to register for the
Annual NOISE Conference.
�
��ise �.�a�aual ��n�ereIlce 3��7
J��� 23-26
�Ea�a�, �1�I�nI�e�Clta
:%Iatia�na� Or�anization to Insure a Sound-coatrailed Fnvironment
11 S 5'� Street N.E.
Washi��tor�, D.C. Zt3ti02
RegisZer by ..7'une 23''`�' and save!!
Z00 � oa �1 ausg unC� �1zag g6S6 LiS ZOZ .�3 �S � 80 Q3�41 ► 6/TT/90
y.��C}ISE .
t Insure a Sound contro�ied Environme�nt
Na�ional t}rgan�ativn t► osiu�n
�-, h.A,nnual Nleeling a�d Aviat�on Noise SymP
a� _
J�ly 23-2f,1997 E��an, M;n:nesota
�d �c�a� �zoise a problem in y��' cammunitY�
Is a�tport art convcrsion i� your future —.
wav e ar�sion? helicopter oVe�i�t, or mil j b��P
Is run . �
and you need to kuo�� w hat to d o t o a v o� d n o � s e p - a n o�tors -
� ocal. ovemments hav� success f u 1 3. y ti v o r k e d w� t h a u p P _
Do you w a n t t o l e a rn h o w 1 � o� h i n c� e r`? ,
and t he law s a n d r eaulatior�s that �an help
-,�e� this canference is for yflu�
; 5 of s eakers, work.�hops, amd
Iom. us
in beautiful subuxban h�.inneaPoli�s for thre� �Y, F
fletworkin�.
,�3t)i!T TH.�: C�����CE: o oint of the year in the
�� � and Auiatian Noise SymPosium is a hi�i p a�ound
'I'he NO�.SE Annual Me��� viation no�se and its control. It is also a fe "r"tile ��n =Dur�.g
advancement af k�novsr�led�e ab onathe diversc inte��es� � t�ie avi.at.ion. no;se cv�mm �Y'
�e of inior� �m � acoustical cansultants
far the exchan� °p ��ficials, airport nc�isz o#�i.cers,
�i and cou��'Y
our tilree days of ine�tin�s, tY essiona� sta� �d interested citizens haVe e
autators, con� �Nb.�her you ar� an ea�perienc�d
and rzsearchers, federal and state re�, .� �d knowledge-
a ortuni�y to came together and share insigh is much en�ianced by your
�P �� l�rner� piease jain us - the value of the me���
oi�cial or an u�tere
active part1�iPa��n•
�
�
,`
ASO�JT 1ti{�ISE: ,t an association of
Insure a Sound-control�ed Envizonment t"NO�IS�d)�e�.era3 policies to
The National 4tganization to noise, has long suPP �eter aircraf�. safe
c�, a4V�?iiiTt�TitS 321t� fltii�IS COIlC�LII�C�. �1QLit ��� a combination of q ai
lo � acts frc�m civil aviation by ��o achiev� cnmpa��ie
reduce unreaso�able noise imp and Federal fun�� tor locai gro�
eratin� procedures� vrt�tion has recognized NOISE as �ie
noise abateEnent aP 'I'he Depanment of Transp a NOTSF to re�res�ent t�iese
Iand uses around airpa�tts. � ointln„
aritaEi�re voice of �ities and counties on t�� �� Subs o� Transport No�se Reductian Project
auth -
�� erests on bodies such as the NASAIFA���ee.
I��d the Avia�io� Rulemakir►g Advis ry +
� �-.... 'fi►�Jc.io
's ES:80 Q3.� d.61TT190
o� :g ausg uu�
a11aS 86:6 L�S Z0� �'3
` Program of Events
All se;sivns are at the Royal Clif 'Conference Cenrer urrless-�tL-`�������
Shuttle bus senrice pravided from the.Holidav j�� -��
�'4'edu+esd��►. .Iniv 23 1- .._-----
3:U0 n.�-���^ —' '
6
1
1;3U �
3:30 p.
�
'
�
:."r' '
Frid--a- v. Julv_'.
�:30 a.u�.-12r
S:t?0 a.m. Co�
8:4� a.m. Ge�i
8:45 a.m. Liti�
. 9:45 a.m, g�
rk� r�,
1 X:00 a.m. Le�isZ
12.3U In�rnatio�
Z:QL1 p.m. "Tiew h
I?isclos�
3:3ti ,p.m. .,4 �Y'ibht a
���r�v Julv 26
S:QO a.m. Coatineara
9:00 a,m. '�tew Fr� .��,
I ti:IS s.rn. Paael Presen
21:3U a.m. W'rap Up Ses.,�
flfternavn: t?p�.nal.�'x�
Min�esota TW,
.Mysric ,�ake Ca
�oo[�
�-"'��
�-„r .��+
�i1i
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��
v
CITY OF MENDOTA HEIGHTS
MEMO
To: Mayor and City Council
From: Kevin Batchelder, City Administrator
Subject: Item of Information - Northwest Airlines Stage III Compliance
DISCUSSION
This memo is to introduce an item of information to the City Council. The City of
Eagan's Airport Relations Commission invited Ms. Jennifer Sayre, of Northwest Airlines, to
address a number of issues at their May 15, 1997 meeting, including Stage III compliance and
NWA's fleet conversion plans. Mr. Jon Hohenstein, of Eagan, provided copies of Ms. Sayre's
presentation to each member of the Northem Dakota County Airport Relations Coalition.
(Please see attached letter and presentation material.)
The presentation material addresses NWA's fleet mix and conversion to Stage III, their
compliance with voluntary noise agreements, their growth experience and projections and their
reasons for delaying the reconstruction of the North-South runway. Also of interest, there is a
breakdown of NWA employees by community.
The Airport Relations Commission reviewed this material at their meeting on June 11,
1997 and felt it should be forwarded to City Council for their information.
ACTION REOUIRED
There is no action required, this item is on your agenda for information purposes only.
05-21-97 11;26�M FP,OM CITY OF E�G�N TO 9452894Q
c��� o� �c��cin
April 21, 199?
Jennifar Sayre
Director-State Affairs and Airport Access
Northwest Airiines
A6030
5101 Northwest Drive
St. Paul, MN 551')1-3434
Qear Jennifer:
P002/003
jHOMA$ EGAN
Mayor
PA7R(CIA AWADA
6EA BLOMQUI5T
SRfUDRA A. MA51N
tHEODORE WaCHTER
Cpuncil Members
THOMAS HE��ES
C�ty a,dminutroror
E. J. VRN C:UVfi2E3EKE
Cfty Clefk
This is to con�irm that you are invited to the May � 5 E�gan Airpart Relatians
Cammission meeting which will be held at T,00 p,m. in the Eagan City Hall
Gounci� Chambers, Whiie yau are al�nrays welcame to attend t�ese meetin�s
and the Commission appreciates input frorn #he compar�y, there are a number of
issues that Commission r�iembers haue questio�s about and ar�y info�-mation yau
can prt�vide would be welcarned. In no parkicuiar order, ihey are:
1. NWA Fleet Plan - What �re the company's plans wi#h respect to expanrling its
fieet h�yand the year 2000? Haur will expans'san and chang�s in the fleet
affect operati�ns at MSP?
2. Stage f 11 Fieet Canversion - What is the comparty's experience and what are
its plans for fleet conversion? How much wifl be accomplished by retrofitting
vs, retirements and repiacement? 1Nhat is �he additional [ife expectaney for
retrc�fitted aircraft? How does the noise level for retrofitted planes compare
�.
�
with factory Stage 111 aircrafi? Are there retrofit technologies which provide
greater �toise teductiai3 benefi#s than o#hecs? Now does #he company's
percentage of Stage II operations compare to ifs percentage of Stage �I
operations at MSP? Qttter NWA hubs? How does the company's
percentage of Stage II operations compare with other air�ines nationwide?
NtNA Emplayment - Haw many people does N1NA ernpiay from each of the
cities in the region? I believe you provided similar information at the tirne of
the Qual Track discussions.
Contract Compliance - Is the Company in compliance with the requirements �
w�thin its agreem�nts €or state funding assistance such as Stage Ili night-time
operations? Progressiveiy higher Stage (II percentage with no backsliding?
Employment abave '� 992 Ieve�s2 Norihem [trtinneso�a emplayment levels?
MUNICIPAL CENTER
:t6.14 FILCT K��10D liCRD
ER�AN, Mttti:tvfSOFR �1�?-1897
PHONE; (612) 581-aa00
F.4X: (A121 p51-d617.
TtiE LpIVE OAK TREE
iHE SYMBOL OF STRENGTN AN�J 6RQWiH E V OUR CQMMUNITY
EquCl pocortunitv/Affirmative ACtl�n Emplover
MAINTENANCE FACILITY
3.",Ol COACHMat� POtNT
�"n{�,�A{tJ. M�N1C��T'�i ��`�Z
PMONE: (612) 631-4,'sC0
FAK: C61 �'f f�R1.�3f�f1
� 05-21-97 11:26�M FP4M CITY OF EAGnN TO 9?52$940
P003/003
�. Runway 11 R/29L Recanstructian - V1l�at are the �easons for NlNA's request
for a delay in fhe reconstruction of the south parall�l �unway? How will a
deiay �esotve these issues? I# the issues car�nc�t �e resolved 6y a delay, how
does the campany see the airporE performing such rehabilita#ion in the fu#ure�
6. MSP Growtt� Expe�ience and Prajections - Growih at MSP contin�es to
exceed the Dual Track projections at fairly substantial rates. For example, at
485,OOCi opera#ions, 'E99fi levels exceeded MAC's Dual Track projections far
2005. lf 1997 growth matches the 4% rate of 1996, trafftc levefs will
approach the projectian for 2015. As the dominant carrier ai ti�e airport,
much of the growth is attributable to NWA. Unless the grow#h rate of the
airline and the airpart is reduced significantly, evert the tiigh end projections
for 209 0 and 2020 will be exceeded dramatically. If growth excesds the
capacity of the airport, c�en with a north•�sauth runway, how wouid the
company see demand being met at f1r1SP? At what point does the company
anticipate that capacity in excess of the expanded airpvrt to be exceeded?
I hope that these questions help yau to frame your camments for the 15{h
Please be assured that �he Commission is genuinely is�teresied in a dialogue
with the airline. While some af ihe questions involve difficult issues, they are
motivated by the Cammission's desi�e to know enough to anticipate the future
opportunities and consequances of being a neighbor of the airport and the home
o�f its principai airline.
Thank you in advsnce for your willing�ess #o speak to the Cammission.
Sincerely,
.-- S �'
Jon Hc�hensfein
Asssstant to the City Administrator
N�vA Fleei Plans �
0 NWA constanfily evaluates fleet size and composition.
❑ Future fleet decisions will be reflective of future market conditions; all
types of aircraft will be cansidered.
Cl NWA current(y has firm orders for 25 757-200's, 2 747-400's and
1 � A330-300's.
❑ Future fleet growth is planned at appraximateiy 2°lo a year net of
replacements {i.e., 8 aircraft per year}.
0 NWA is committed to operating the DC9 fleet until at least 2005
when a phased retirement plan will begin.
�r DC9 replacement (approxima#ely 120 seat aircraft) candidates are MD95, 737
and A319.
. = " 2
K�COl.4�Qff NLSAYRfl4tCA141 P
t3
.11�1�A �'u��e��` �'lee� - A��il �'.997
� f,
❑ N1NA"s total fleet �tage Ill percentage has increased fram approximately 30°lo in 1991
to over 64% currently.
Staqe III
- 757-20Ci
- MD8Q
- DC 10-30/40
- ?47-20C1
- A-324
- DC9-30-Hushkits
S ubtotal
Staqe I1
- 747-240F
- DC9-10
- DC9-30/40
- DC9-54
- 727-200
Subtotal
Total
°lo �tage ii1
°lQ Stage tl
Number of
Aircraft
48
8
34
35
5t}
81
256
fi
22
40
35
41
144
400
64°l0
36°la
3 K:+CDMTtONtSAYREUIG0797.PPT
Stage III Fleet Conve�sion-FAA S'tage III Requi�ements
❑ In September 1991, the FAA issued a final rule requiring a phased transition to an all Stage
I II fleet by December 31, 1999 .
0 A carrier's Stage II "base" level was determined on one day selected by the carrier during the
period January 1, 1990 - July 1, 1991. NWA's Stage II "base" was 284.
FAA Stage III Requirements
Method I
"Phase in" new aircraft (% of total fleet)
�1�1C�i� • •�1
"Phase out" existing (base) Stage II aircraft (% of base level)
Maximum allowed Stage II aircraft in NWA fleet
Y
Year End Requirement
1994 1996 1998
55% 65% 75%
25% 50% 75%
1999
100%
100%
213 150 71 0
�
�
K: �COAUdolNal7lEC4K•U597.PPP
1VT�A S'tage III f�.`ompliance Plan
❑ NWA is in compliance with the Federal Fleefi Transition Rule.
Fleet
Staqe III
747*
DC10
757
727
A320
MD80
DC9-�0
D C 9-40
DC9-30
DC9-10
Avra-85 Regianal Jet
Subtotal
Staqe II
747*
727
DC9-�0
DC9-40
DC9-30
DC9-10
Subtatal
To ta I
Stage 3 Percentage
Stage 2 Perceniage
.., -
35
33
48
50
8
79
253
6
43
35
12
29
22
147
400
63%
37 °lo
1998 YE
(prajection)
37
37
48
29
70
8
91
12
sa
10
12
364
s
24
26
56
420
$�%
� 3 °lo
1999 YE
(projectian)
47
37
48
29 ✓
70
8
35'
12'
116�.
10
12
424
0
424
100%
❑ In fact, current projections place NWA ahead of plan in 1998 exceeding
iegal requirement of 75% by reaching 87% Stage lil.
* 1ncludes freighters �
' �
,��s �) � t��-• K� �
X:SCOt.Q.{QHLL�SREtSTC�a59T Pi7
NWA Fleet Conve�sion Plans
❑ NWA's future fleet plans will continue to include both acquisitions of new
aircraft and retrofitting of older aircraft.
• In order to meet the federal rule by year-end 1999, approximately 48% of
NWA's fleet will be retrofitted. �
❑ The life expectancy for retrofitted aircraft is based on use of the aircraft.
• At this time, NWA plans eventual replacement of DC9 fleet beginning beyond
2005.
• There are no retrofit technologies which provide greater noise reduction than
others. Currently there is no competition-there are different manufacturers for
the different aircraft types.
�
K:�COt�QdONUAYREl4TW 597.PPT
�a
Noise �e�els -.Ret�o�tted Ai�c��rf� vs. "�'actor,�" St�cge III
I� DC9 NC}!�E OUTPUT GOMPARISON
MCDONNELL DOUGIAS DC9-3Ql-9
without hushkit
with lightweight hushkit
AIRBUS A320
MEASUREMENTS
SIDELINE:
EPNdB CUTBACK:
SIDELlNE
99
96.5
94.3
CUTBACK
96
90.5
:•
APPROACH
99
96.25
�: .
TAKEOFF NOISE MEASURED TO EITHER SIDE OF RUNWAY
(AIRCRAFT iS AT A HEiGHT OF APPROX i000 FT}
TAKEOFF NQISE MEASURED WITH NOISE-REDUCING
THRUST-CUTBACK PRdCEDURE ENGAGED
MEASUREMENT POINT DtRECTt..Y UNDER AIRCRAFT APPROACH
PATH {AIRCRAFT !S AT A HElGHT OF 400 FT}
� SOURCE: FAAADVISORYCIRCUI.AR 36-'!F
% ABS (NORTHWEST NUSNKITTlNG VENQOR}
7
P.:�COAW OM9AYRE�4'KA79ZPPf
N�iUA's Sta,ge II/S'ta,ge Ill� Utilization - S`ystem vs. .1V1�►S'P
❑ NWA's proportional utilization of Stage II at MSP is (ess than proportionai utilization of
Stage I1 systemwide.
O perations
(Annuai Average per day}
Stage III
Stage !I
% Stage II of Total
'i 995
MSP SYstem
238 980
388 1910
626 2890
61.9% 66.1 %
1996
MSP SYs#em
320 1298
342 1734
662 3032
51.7% 57.2%
K:�CO t.AiOtA4.\YRELSICt597 PM
N�A �s S�a,ge IIISta,ge III� �tzli��rtion by l�ub
C1 NWA's propor�iona! utilization of �#age !11 aircraft is greater at Minneapo�is
than the other NWA hubs.
Operations-average per day
Stage IIT
Stage II
% Stage III of Total
* May 1997 Schedule
MSP
664
397
267
DTW MEM
708 223
413 115
295 108
59.$% 5$.3% 51.6%
m
� l'�
xacona.�ac+uwrns�arcosvi.rrr
History of 1`�WA's Noise Ag�eements at MS'P
0 NWA has a long-standing commitment to minimize the impact of aircraft noise on areas surrounding the
Minneapolis / St. Paul International Airport:
• 1970 - NWA agreed not to add additional flights between 11:00 p.m. and 6:00 a.m.
� 1987 - NWA agreed to use its best efforts to reduce noise levels by 24% as of July 1992
("noise budget" measuring noise energy)
� 1992 - NWA agreed to accept delivery of at least $390M of Stage III aircraft
- NWA agreed to limit the annual use of Stage II aircraft at MSP to no more than our
aggregate domestic system usage.
- NWA agreed to not increase proportional usage of Stage II at MSP over prior years.
- NWA agreed to comply with an 11:00 p.m. to 6:00 a.m. curfew for scheduled passenger flights
of Stage II aircraft.
• 1995 - Again, NWA agreed to use its best efforts not to schedule flights during the 11:00 p.m. to
6:00 a.m. time period within the voluntary noise management methodology agreement.
- Also in this agreement, NWA agreed to not exceed the previous year's annual average daily
Stage II operations.
• 1996 - NWA played an instrumental role in the development of the new MSP noise mitigation program,
including the agreement to modify of the night hours to 10:30 p.m.-6:00 a.m. (limiting activity to
only Stage III aircraft during this period).
1�
K:�COAQ.IOM4AYREl9TG0797 PPI'
�
1VT��A's Re,gional Employment
C1 NWA's direct economic impac� on Minnesota in 1995 exceeded $2.3 billion. This inciudes
wages and benefits for the more than '! 9,00� people employed by NWA in Minnesota as
of April, 1997.
NWA employees bv ci#v (approximate)
C ity
Apple Valley
Bloamington
Bli('tiSV1��@
Eagan
Farmington
Hastings
inver Grave Heights
Lakeville
Mendota Heights
Minneapolis
Richfield
Rosemount
St. Paul
Woodbury
Employees
'1,700
���0�
1, 904
2,400
400
250
550
1,1Q0
180
2,800
550
fi�0
1,800
350
� � K:5COA4�i4NtiA1'RE+SfCA347PYT
r�
NWA's Compliance with MAC Loan Ag�eement
❑ NWA has been in compliance with all MAC loan agreement requirements since 1992.
- Noise abatement
• Proportional utilization of Stage II aircraft at MSP is no more than the proportional utilization of
Stage II aircraft throughout NWA's domestic system
• NWA has not increased the Stage II proportional utilization at MSP in any year
above the prior year's utilization
1993 1994 1995 1996
65.0 64.8 62.0 51.7
• NWA has not scheduled any Stage II passenger arrivals or departures between
11:00 p.m. to 6:00 a.m. since 1992
- Employment
• Overall employment in Minnesota exceeds that of 1992
1992 April, 1997
16,880 19,045
• Current Northern Minnesota employment complies with requirements
April, 1997
Hibbing/Chisholm 318
Duluth 350 (322 at maintenance base)
12
K�COM.fOMSAYREtTfCA197.PP1'
.IY�YA's �"osition on �iunway II.Rl29� �Reconst�u+c�ion 1?elay
❑ NWA is concerned with the impact #he reconstruction wiil have to the
overall operatian at MSP
.
.
Increased aircraft delays
Missed connections
Poor customer service
O Delay of reconstruction will a!!ow NWA and MAC to mare accurately
evaluate operationai impact
� Additiona! block time
• Possible reduction of aperations
• Possible reduction of operationai peaks
• Initiate awareness program for pilats ta ensure maximum
compliance with shortened runway usage
❑ NWA fully supports necessary airport maintenance to ensure the highest
leve! of safety
a Y'
13 K:�a�o�.,,��ss�.p.�
1VWA's C)pe�ations at MS`P - G�owth P�ojeciions
D NVIlA has increased operations at a compaund annual grawth rate af 3.2°l0 over the past five
years with projec#ions for future growth at 1% per year through 201 Q.
! i
• a
i'•�l
Gompaund Annual Grawth Rate
* N1ay Schedules
Average Daily
Operatians*
566
VVV
578
622
655
664
Year over Year
% ��OiN��I
2.1 °l4
7.6°l0
5.3°l0
1.4°l0
3.2%
0 NWA projected grow#h rate of appraximately 1-2°l� annuaily is within #he high-end of
MAC's forecast range.
• Aircraft aperations will increase at a siower ra#e, as aircraft size and passengers
per departure increase.
14
&:iCDA4SOMlSAS'RE44tCk54T.P4T
. ��.
i�
���
CITY OF MENDOTA HEIGHTS
MEMO
�1
June 10, 1997
TO: Mayor, City Council and City A'�s� or
FROM: John P. Maczko, Fire Chief
SUBJECT: Fire Safety House
DISCUSSION:
Every fall during our fire prevention open house we rent a fire safety house for
demonstration purposes. Again this year, we are wishing to utilize Rosemount Fire
Department Fire Safety House. As in past years, we have been requested to enter into
a contract for its use (copy attached). This is funded by praceeds from the annual
dance, so there is not cost to the City.
ACTION REOUIRED:
Council should pass a motion authorizing the Mayor to enter into an agreement with the
Rosemount Fire Department for the use of the Fire Safe House.
0
0
CONTRACI' FOR LTSE QF FIRE SAFETY HUUSE
THIS AGREEMENT', dated this ,�� day of i''"'7R'( ,
19�(7, by and between the City of Rasemount, a Min.nesota municipal corporation,
(hereinafter referred to as "Provider") and /%��,�pd-tA � Esu�rttl �.'�`RE_"
��� �,� ,,.� �,�, ; (hereinafter referred to as "User),
WITNESSET�-i:
WHEREA.S, th.e P:avider is th� owner o£ a fire safety house which is used by the
City o£ Rosemount for educational, instructional and training purposes relating to the
education of the general public in fire safety, and the training of fire fighters that serve
the City of Rosemount; and
.�.
WHLREAS, the User wishes to rent the fire safety house for the same purposes;
WHEREAS, the parties wish to enter inta an agreement defining the rights and
responsibilities of each party while the fire safety house is in the possession and control
of User herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as fallows:
1. User sha11 have the use af the fire safety house during the following period of
�im�. Oc.-� . � � _ _ � � �r����.�, �.=� -
2. User will pay rental and delivery charges for the use of the fire safety house at
the rates specified in the attached schedule of costs. The daily rental cast will be
char�ed for each day the fire safety house is in the possession af the user, includin� the
first and lasi days speczfied in garaffraph l. In addition to the daily rental and delivery
cost, user will pay for mileage; replacement of consumabies used by user, including
fogoing fluid; and cleaning costs for cleaning of the safety house if it is not cleaned prior
to retum to the City of Rosemount, in accordance with the schedule of costs attached to
this agreement. User will also pay for replacement of missing items and repair or
replacement of dama�e to the fire safety house or its equipment. The City of
Rosemount will deliver the fire safety house to the following location:
IyI r� oo zA I-E tc �za � li��� , a l� t Dc � o RD ---/'�En►o��a ��'s, r�•'� bY
; oo ( A.m.) on S A 7 , the !( day of bc 7 ,
19 q� . The City of Rosemount will retrieve the fire safety house from the same location
at approximately <S'oo (�.m.) on S R� , o c i //
�
19 9 7. User will not move the fire safety house from the location to which it is delivered
by the City of Rosemount. In the event User wishes to retain the services of the City of
Rosemount or its Volunteer Fire Department to move the fire safety house durin� the
rental period or to provide any other services for operation of the fire safety house, such
services and the compensation to be paid to the City of Rosemount shall be set forth in
a separate written addendum to this Agreement.
3. It is expressly understocd that durin� the time period of use as specified in
paragraph 1 above, or until such time as the safety house is returned to Provider herein,
that User has complete direction, supervision, and control over the safety house and is
fully responsible for all actions taken and decisions made with regard to the use made of
the fire safety house. The intended purpose of this paragraph is to shift all risk of loss
for accident or injury to the User herein, while the fire safety house is in the possession
�
t
and control of the LJser, from the time the fire safety house is delivered to the LJser by
the City of Rosemount until the tirne it is retrieved by the City of Rosemount.
4. The User shall supply the City of Rosemount wzth a certificate of insurance for
personal injury and graperty dama�e against Iiabiiity for bodily injury and property
damage that my occar to the fire safety house itself or that may accur ta any third
parties injured by the User's use of the fire safety hause while in its possessian, in an
amount not Iess than $300,OOQ.00 per person per accident, and the property damaae
insurauce #a be in a.n amount and in a form as may be required by the City of
Rasemount. User shall not be entitled ta transport ar otherwise remove the fire safety
house from the City af Rasemount or take passessian and cantrol of the fire safety house
uncier the terms of this agreement untzl such proof of insurance is shown.
S. User shall indemnify the City of Rosemaunt, the Rosemount Vo�unteer Fire
Department, and the Rosemount Fire Relief Association, their officers, a�ents and
empioyees against all expenses, liabilities and claims of every kind, including reasonable
counsel fees, by or on befialf of any period or entity arising out of either {1} failure by
User to perform any of the terms ar conditians of this agreement, (2} any injury or
damage happening whzle the fire safety house is under the direction and control of the
User under the terms of this agreement, (3} failure to camply with any Iaw or any
governmental authority, or (4) any other cause of action ansing due to the use af the fire
safety house by User while under its direction and control.
6. Notwithstanding any other terms of this a�reement, User acknowledges that
the fire safety house is to be used for instructional, educationai, or training puzposes, and
3
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for no other use. It is acknowledged that User is renting the fire safety house for the
followi.ng purpose: �zR c f REV �N� �N � P� N dwr �
7. If the fire safety house becomes damaged while in the possession of the User,
or is otherwise returned to Provider herein in a condition ditferent from when it was
taken out, reasonable wear and tear excepted, User shall be fully responsible for the
damages.
VV�IEREFORE, the parties have placed their hands and seals on the date first
written above.
PROVIDER:
CITY OF ROSEMOUNT
Mayor
City Clerk
USER:
CITY OF �'►'I E,v D o T� p. H d z� T.�'
4
Mayor
City Clerk
��
.;; . . . :. : :: .:: .. .: . . : : : : : . . .:. : : .
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: :,,.:,::.: :...:.::....:.::;:<.::::...;..,; .:... . ..... :
:.,;:-:<_== :.>:>:.;:::.:;:::.:.;::::>::: :;:.-.>::•:::::.�.:::.;.:,� :
::;�..:..: >:::,,;;:..:�...>::>;::;. . ��;<.,::.: ....,.,.::::...; . :>;..:::::::�...;...;:::;:: ........ �::<::::... �; ::.:::.:..:. :.:�::
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. `�' �_''`�:<��.�:���������':�����, .' . ....:...::::.....::.:.�._:';_::�,::';<;`:;:;;:::;:';::':.::=::_:;;::>:::::`:::::;=>::=<:;::�:;
. .. ;����� ��.
. � - . ,SC:I�EI�ITI.� �F� COSTS� � � � � .
Daily Rental Fee $ 25.00 per day
Delivery Fee $ 5.00 per mi1e, ane-way
Fog Fluid $ 17.50 per liter
Cleaning Costs $ 22.50 per level
Rosemount Fire Department 4peratars $ 7.Sa per haur, per person
Missing Items Replacement cost
Dama�ed Items Repair cost
Other Consumables Replacement cost
t
CITY OF MENDOTA HEIGHTS
MEMO
June 12, 1997
TO: Mayor, City Council and City Administrator
FROM: Guy Kullander, Engineering Technician ��
SUBJECT: Privacy Fence at "Old Fire Hall" Site
DISCUSSION:
City Council directed staff to install a six foot high privacy fence along the south
property line of the "Old Fire Hall" site located at 2144 Dodd Road. Six bids were received
and the low bidder is Dakota Fence. Once instructed to proceed, the work will be completed
within three weeks.
When processing the fence permit, I became aware of the City Ordinance prohibiting
fences higher than three feet within the front thirty foot setback area in a R-1 district. Council
may grant a variance for this height limitation.
The building located at 2150 Dodd Road, adjacent to this parcel, is set back from the
right-of-way line of Dodd Road only ten to twelve feet. Access to the lower back yard of this
building will be by a driveway located between the proposed fence and the building wall.
Visibility for vehicles could be restricted if the fence were to be constructed six feet high up to
the right-of-way line of Dodd Road.
' � ul►�� �1� • � ►
I recommend that the fence be constructed three feet high from the right-of-way line of
Dodd Road to ten feet easterly. Thence the fence would increase in height to six feet for the
remainder of the fence run.
ACTION REQUIRED:
If Council so desires, they should waive Planning Commission review and grant a 36"
fence height variance for a distance of twenty feet, from the front yard thirry foot set back line
to within ten feet of Dodd Road right-of-way line, for the purpose of constructing a six foot
high privacy fence within the thirty foot front yard setback area of the parcel.
—
�
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'���C� � PRIVACY FENCE - OLD �6�97
� ����� FIRE HALL SITE
He�i�ifs Gx
. tlQt VICiDH1A CiJRYE •!lAE3��OOTA HIIGii'i'S. MN �t18 � i612) 4521850
WZ
CITY OF MENDOTA HEIGHTS
I_ 1
June 12, 1997
TO: Mayor, City Council and City Administrator
FROM: James E. Danielson, Public Works Dire
SUB7ECT: Approval of MnDOT Cooperative Agreement
The City has been working with MnDOT over the past year toward preparing the plans
for a Cooperative Agreement to improve the intersection of Dadd Road (TH149) and TH 110.
The plans have been produced jointly by City Engineering and MnDOT Staff, have been out
for bids, and are cunently ready to be awarded for contract. According to the Cooperative
Agreement, the State has agreed to pay for traffic signal unprovements to the intersection,
drainage improvements and roadway widening improvements (the adding of left and right turn
lanes on Dodd Road) and the City has agreed to pay for the trail improvements along Dodd
Road (estimate $45,678.87). The attached Cooperative Agreement which has been prepared
by MnDOT memorialize the details of this project and provides for the City to pay for its shaze
of the project up front.
All City costs for this project are to be paid for out of TIF.
' • �� � • �
The attached agreement represents the culnunation of over a year of working jointly
with MnDOT staff to prepare for the improvements to TH 110 and Dodd Road, and I
recommend that the City sign the agreement.
ACTION REOUIRED:
If Council desires to implement the recommendation they should pass a motion adopting
Resolution No. 97- , A RESOLUTION AUTHORIZING CITY APPROVAL OF
MNDOT AGREEMENT NO. 76092.
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 97-
A RESOLUTION AUTHORIZING CITY APPROVAL OF MNDOT
AGREEMENT NO. 76092.
WI�REAS, the City of Mendota Heights desires to enter into MnIDOT Agreement
No. 76092 with the State of Minnesota, Department of Transportation for the following
purposes, to wit:
To provide for payment by the City to the State of the costs of the bituminous walk
construction and other associated construction to be performed along and adjacent to Trunk
Highway No. 149 from Engineer Station 18+10.00 (Mendakota Drive) to Engineer Station
45+20.00 (Freeway Road) within the corporate City lunits under State Project No. 1917-33
(T.H. 149=1).
NOW THEREFORE, BE IT RESOLVED that the proper City Officers are hereby
authorized and directed to execute such Agreement.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
:
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
4
��HdEsor,
90 o Minnesota Department of Transportation
a :
�.,oF��Sag Metropolitan Division
Waters Edge
1500 West County Road 62
Roseville, MN 55113
May 27, 1997 582-1370
Mr. James Danielson
City Engineer
1101 Victoria Curve
Mendota Heights, MN 55118
RE: S.P. 1917-33, 1918-96
City cost for bituminous path construction by the State along TH 149
Proposed Cooperative Construction Agreement No. 76092
Dear Mr. Danielson:
Attached are two copies of a proposed roadway construction agreement between the Minnesota Department of
Transportation and the City of Mendota Heights. This agreement provides for payment by the City to the State of the
City's share of the costs of the construction to be performed upon, along and adjacent to TH 149 within the corporate
City limits.
Kindly review the agreement and arrange to have it presented to the City Council for their approval and execution.
Please ensure that original signatures of the City Council authorized City officers, as well as the City stamp, are
obtained on both copies of the agreement. Please provide signatures only under the CITY OF MENDOTA
HEIGHTS heading.
Also required is a new resolution passed by the City Council authorizing its officers to sign and execute the
agreement on its behalf. Two copies of a suggested resolution are enclosed with this letter. Please provide two
original versions of a resolution including signatures and City stamp.
To expedite the approval process, the executed agreement and resolution should be returned to me for signature by
the Metro Division Engineer. After execution by the Metro Division Engineer the agreement will be returned to the
Municipal Agreements O�ce for further execution on behalf of the State. A copy of the agreement will be returned
to the City when it is fully executed.
If you have any questions or require additional information, please contact me.
Sincerely,
� �
i����/ �r��
�W - y
Kevin Hoglund, .E.
Cooperative Agreement Engineer
Metro Division
Enclosures:
cc: Bob Brown, Metro State Aid
Pat Schrader, Mun. Agr., M.S. 682
Project File
`
An equal opportunity employer
Greg Coughlin, Metro State Aid
Vicki Barron, Mendota Heights Resident Office
DESIGN STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPER.ATIVE CONSTRUCTION
AGREEMENT
The State of Minnesota
Department of Transportation, and
The City of Mendota Heights
Re: City cost for bituminous walk
construction by the State along
T.H. 149
q
E"
S.P. 1917-33
S.P. 1918-96
State Funds
Mn/DOT
AGREEMENT NO.
76092
(T.H. 149=1)
(T.H. 110=117)
AMOUNT ENCUMBERED
(None)
ESTIMATED AMOUNT
RECEIVABLE
Sa5,678.87
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as .
the "State" and the City of Mendota Heights, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
�
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WHEREAS the S�ate is abau�. ta perform bi�.uminous averlay and revised
signal system con�truction and other associated construction upan,
along and adjacen�. to Trunk Highway No. 149 fram Engineer S�ation
1g+10.Q0 {Mendakota Drive} to Engineer S�ation 45+20.00 (Freeway
Road) and upon, along and adjacen� to Trunk Highway No. 110 from
En.gineer Stati.on 65+00.00 {1,035 fee� west af Trunk Highway Na. 35E
northbc�und) to Engineer Statican 243+80.00? (42Q ieet west of Tru.nk
Highway Na. 494 eastbound) within the corporate City limits in
accardance wi�h State plans, specifications andJor special pravisions
de�ignated as State Projects No. 1917-33 (T,H. 149=1) and No. 1918-96
(T.H. 110-117); and
WHEREAS at the request of the Ci�.y, �.he State included in its
contract �.he bituminous walk construction and other associa�ed
construction ta be perfarmed alang and adjacent �a Trunk Highway
No. 149 from Engineer Sta�.ion 18+10.00 (Mendakota Drive) to Engineer
Statian a5+20,00 (Freeway Roaci} wi.thin the carporate City limits
ur�der State Project No. 1917-33 {T.H. 149=1}; an.d
WHEREAS the City has expressed. its willingness tcr particzpa�.e in the
costs of the bituminous walk canstructiorz and associated construction.
engineering a� hereinafter se� forth; and
WHEREAS Minnesota Sta�.utes Section 161.20, subdivision 2{1996i
au�horizes the Commis�ioner of Transportation. to make arrangemen.�s
wi�h an.d coaperate wi�h any governmental authari�y for the ptzrpase of
constructing, maintaining and improving the �runk highway system.
IT IS, THEREFURE, MUTUALL'S� AGREEI} AS FOLLOWS:
ARTICLE I- CONSTRUCTTON BY THE STATE
Section A. Contraet Award �
The State shall advertise for bids and award a canstructi.on con�.ract
to the lowest responsible bidder for State Projects No. 1917-33
{T.H. 149-1} and Na. 19I8-96 {T.H. 110-117} �n accardan.ce wiGh S�ate
2
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76092
plans, specifications and/or special provisions which are on file in
the office of the Commissioner of Transportation at St. Paul,
Minnesota, and are made a part hereof by reference with the same
force and effect as though fully set forth herein.
Section B. Direction and Supervision of Construction
The State shall direct and supervise all construction activities
performed under the construction contract, and perform all
construction engineering and inspection functions in connection with
the contract construction. Al1 contract construction shall be
performed in compliance with the approved plans, specifications
and/or special provisions.
Section C. Plan ChancTes, Additional Construction, Etc.
The State shail make changes in the plans and/or contract
construction, which may include the City cost participation
construction covered under this Agreement, and shall enter into any
necessary addenda, change orders and/or supplemental agreements with
the State's contractor which are necessary to cause the contract
construction to be performed and completed in a satisfactory manner.
However, the State's Metropolitan Division Engineer at Roseville or
his authorized representative will inform the appropriate City
official of any proposed addenda, change orders and/or supplemental
agreements to the construction contract which will affect the City
cost participation construction covered under this Agreement.
Section D. Satisfactory Comgletion of Contract
The.State shall perform all other acts and functions necessary to
cause the construction contract to be completed in a satisfactory
manner.
ARTICLE II - INSPECTION BY THE CITY
The City cost participation construction covered under this Agreement
shall be open to inspection by the City. If the City believes the
City cost participation construction covered under this Agreement has
E�
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not been properl� per�orm�d or �that the cans�ruc�ian. is defective,
the City shall in�orm the State Division Engineer's authorized
representative in wri�ing of �.hose defects. Any recommenda�ions made
b�r the City are no� bi.nding on the State. The State shall have the
exclusive right to de�e�rmine whether the City co�t pa,rticipa�ion
construction covered under this Agreement has been satis�actorily
performed by �he State's contractor.
ARTICLE IIS - BASIS OF PAYMENT BY' THE CITY
Section A. SCHEDULE "I"
A Preli,minary SCHEDULE "I" is attached hereta and made a part hereof
by reference. The Preliminary SCKEDULE "I" includes ail an�.icipated
Ci�y cost participation canstruction items and the construc�ion
engineering ca�t share covered under �his Agreement, and is basecl on.
engineer's estima�,�d unit prices.
Section B. City Cost Par�icipation Construction
100 Percent shall be �he rate of Gity cas� participation in all of
the bitumin.ous walk canstruction and other associated con.struction �a
be performed along and adjacen.t to Trunk Highway No. 149 fronn
Engineer Station 18+10.Q0 (Mendakota Drive} ta Engineer �tation
45+20.00 (F'reeway Road) within�th� corporate City limits under S�ate
Prajec�. Na. 1917-33 {T.H. 249=1}. The canstruction includes the
City's proportionate share of item co�ts for mobilization, field
labora�.ory and traffic con�rol, and includes, but is not limited to,
those construc�.ion items as descrzbed and tabula�ed on Sheet No. 2 of
the at�.ached Preliminary SCHEDULE "I".
Secf:ion C. Canstruction Er�vineering Casts
The Ci�y shall pay a construction engineering charge in an a.maun�
equal to 8 percent of �he total ccast of the City par�icipation
constructian covered under this Agreement.
Section. D. Addenda, Change Orders and Suppiemental Agreemen�s
The City shall share in th� casts of cons�ruc�ian canGract addenda,
chan.ge orders and/or supplemental agreements which are neces�ary to
�
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76092
complete the City cost participation construction covered under this
Agreement.
Section E. Settlements of Claims
The City shall pay to the State its share of the cost of any
settlements of contract claims made with the State's contractor.
All liquidated damages assessed the State's contractor in connection
with the construction contract shall result in a credit shared by the
State and the City in the same proportion as their total construction
cost share covered under this Agreement is to the total contract
construction cost before any deduction for liquidated damages.
ARTICLE IV - PAYMENT BY THE CITY
Section A. Estimate and Advancement of the City's Cost Share
It is estimated that the City's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
is the sum of $45,678.87 as shown in the attached Preliminary
SCHEDULE "I". Upon award of the construction contract the State
shall prepare a Revised SCHEDULE "I" based on construction contract
unit prices.
After the following conditions have been met, the City shall advance
to the Commissioner of Transportation the City's total estimated
construction cost share, which does not include the 8 percent
construction engineering cost share, as shown in the Revised
SCHEDULE "I":
l. Execution and approval of this Agreement and the State's
transmittal of same to the City along with a copy of the Revised
SCHEDULE "I".
2. Receipt by the City of a written request from the State for the
advancement of funds.
5
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76092
Section B. Final Payment by the City
Upon completion and acceptance of the contract construction and upon
computation of the final amount due the State's contractor, the State
shall prepare a Final SCHEDULE "I" and submit a copy to the City.
The Final SCHEDULE "I" shall be based on final quantities, and
include all City cost participation construction items and the
construction engineering cost share covered under this Agreement. If
the final cost of the City participation covered under this Agreement
exceeds the amount of funds advanced by the City, the City shall,
upon receipt of a request from the State, promptly pay the difference
to the State without interest. If the final cost of the City
participation covered under this Agreement is less than the amount of
funds advanced by the City, the State shall promptly return the
balance to the City without interest.
Pursuant to Minnesota Statutes Section 15.415 (1996), the State
waives claim for any amounts less than $2.00 over the amount of City
funds previously advanced to the State, and the City waives claim for
the return of any amounts less than $2.00 of those funds advanced by
the City.
Section C. Acceptance of Citv's Cost and Completed Construction
The computation by the State of the amount due from the City shall be
final, binding and conclusive. Acceptance by the State of the
completed contract construction shall be final, binding and
conclusive upon the City as to the satisfactory completion of the
contract construction.
ARTICLE V - GENERAL PROVISIONS
Section A. Plan Changes
The City may request changes in the plans. If the State determines
that the requested plan changes are necessary and/or desirable, the
State will cause those plan changes to be made.
0
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76092
Section B. Maintenance by the Citv
Upon satisfactory completion of the bituminous walk construction to
be performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
bituminous walk, without cost or expense to the State. Maintenance
shall include, but not be limited to, snow, ice and debris removal
and any other maintenance activities necessary to perpetuate the
bituminous walk in a safe and usable condition.
Upon satisfactory completion of the lighting facilities construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of and keep in repair those facilities, without cost or
expense to the State. The City shall also provide the necessary
electrical energy for their operation, without cost or expense to the
State.
Section C. Additional Drainaqe
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not,included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area", which is on file in the office of the State's
Division Hydraulics Unit at Oakdale and is made a part hereof by
reference with the same force and effect as though fully set forth
herein.
Section D. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16B.06, subdivision 4
(1996), the books, records, documents, and accounting procedures and
practices of the State and the City relevant to this Agreement are
subject to examination by the State and the City, and either the
legislative auditor or the State auditor as appropriate.
7
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76092
Section E. Claims
All employees of the State and all other persons employed by the
State in the performance of contract construction and/or construction
engineering covered under this Agreement shall not be considered
employees of the City. All claims that arise under the Worker's
Compensation Act of the State of Minnesota on behalf of the employees
while so engaged and all claims made by any third parties as a
consequence of any act or omission on the part of the employees while
so engaged on contract construction and/or construction engineering
covered under this Agreement shall in no way be the obligation or
responsibility of the City.
All employees of the City and all other persons employed by the City
in the performance of maintenance covered under this Agreement shall
not be considered employees of the State. All claims that arise
under the Worker's Compensation Act of the State of Minnesota on
behalf of the employees while so engaged and all claims made by any
third parties as a consequence of any act or omission on the part of
the employees while so engaged on maintenance covered under this
Agreement shall in no way be the obligation or responsibility of the
State.
Section F. Agreement Approval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE VI - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Patricia Schrader, Municipal/Utility Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155,
(612) 296-0969.
0
76092
The City's Authorized Agent for the purpose of the administration of this
Agreement is James Danielson, City Engineer, or his successor. His
current acldress and phone number are 1101 Victoria Curve, Mendota
Heights, Minnesota 55118, (612) 452-1086.
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
Division Engineer
Approved:
By
State Design Engineer
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Assistant Attorney General
E
CITY OF MENDOTA HEIGHTS
By
Mayor
Date
By
City Administrator
Date
DEPARTMENT OF ADMINISTRATION
By
Date
a
� � '' ' PTtEI,T1�TTNAItY SC�Y�DUL� "X" . � �,
- .'' � _ :A�reeinent No. 7G092 � � �
� '� ����City of Nlenclota TTeights"
S.P. 1917-33 (T.H. 149=1) Preliminary: May 14, 1997
S.P. 19t8-96{T.H.114=117)
Biruminous walk and associ�ted construction performecl under �
State Cantract No. ti��itii
loca[ed along Trunk I ii�h�vay No. 1�I9 from Mend�kata Drive to l�reeway lto�d --_-- ��• l�-----_--
��CITY C(7ST PARTICIPATION
( I} Prom Sheet No. 2 $42,295.25
Consu-uction Engineering (8%) $3,383.62
City Total Cost ' $45,678.8'7
(!} Amount of advai�ce payment as described in Article 1V, Section A. af tlie agreement '
-1-
76092
ITEM S.P. 1917-33 , , = '. "` � '' : � ; - � UNIT QUANTITY UNIT PRICE COST
NUMBER WORKITEM, ' ,�.'` �,. '� ,'�� � � r.; - � - � � (1)
,�� ,:. ��:
2031.�01 MOBILIZATION LUMP SUM 0.04 35,000.00 1,400.00
2031.�03 FIELD LABORATORY TY['E D GACI-I 0.04 3,000.00 120.00
2101.�03 CLEARING TREG 18.00 100.00 1,800.00
2101.�07 GRUBBING TRf G I 5.00 100.00 1,800.00
? 10-l.�Ol RE1�40V� CURB & GUTTER L.P. 21.00 3?5 68.25
210-3.�09 REIv10VC [31TUMlNOUS rLUME GACI-1 1.00 500.00 500.00
210-�509 REMOVI: I.1G[-IT STANDARD l3ASE EACI-I 2.00 2�0.00 500.00
210�.�?� TOI'SOIL E30RROW (LV) C.Y. 239.00 7.00 1,673.00
3311.�01 AGGRL-GATE L3ASE CI.ASS 5 iv10D. TON 76�.00 10.50 8,032.50
2506.� 16 CASTING ASSEMBLY �ACI I 1.00 3=10.00 340.00
2�06.�22 ADJUST rRAMG AND RING CAS'1'ING GACI-[ 1.00 265.00 265.00
?�31.�11 2" I31TUM1NOUS \�1�ALK S.r. IS,440.00 0.60 11,064.00
2531.�03 CONCRL'1'C CURf3 DL'•S1GN B6 I�.f. 65.00 2U.00 1,300.00
0�31.602 PED�STRIAN CUR(3 RAMP EACFI 13.00 3�0.00 4,.5�0.00
2�45.5 l� L1GHT E3AS6 DESIGN E CACIi 2.00 �{�0.00 900.00
0��1�.602 RELOCATE L[Gl ITING UNIT CACI [ 2.00 7�0.00 I,500.00
0�63.601 TRAFFIC CONTROL I.UMP SUM 0.04 15,000.00 600.00
357.i.�0� SODDING TYPE LAWN S.Y. 1,810.00 3.?> >,882.50
TOTA1. $42,295 �5
� (1) 100% C17'Y .. $42,295?5
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CITY OF MENDOTA HEIGHTS
June 12, 1997
TO: Mayor, City Council and City Administrator
FROM: Guy Kullander, Parks Project Manager
SUBJECT: Tennis Court Resurfacing
DISCUSSION:
Funds to resurface one double tennis court were included in the 1995 Budget under
Parks and Recreation Maintenance.
Parks Leadperson, Terry Blum, recommended that the Marie Park Tennis Courts be
resurfaced this year (Ivy Park was done in 1995 and Valley Park in 1996). The 1997 Budget
included $4,000 for this item.
Bids were sent to four contractors with three submitting bids.
Perfect Surface Company $2,880.00
Tennis Court Doctor $3,400.00
C& H Construction $3,465.00 (Low bidder in 1995 and 1996).
� ���! �� �
I recommend that the firm of Perfect Surface Company be awarded the bid to resurface
the tennis courts in Marie Park.
���i � � 1 i: � �
If Council so desires, they should award a contract to Perfect Surface Company to
resurface the tennis court in Marie Park at the proposed cost of $2,880.00.
Mendota Heights Police Department
MEMORANDUM
June 13, 1997
TO: Mayor �,�
Clij� COUriCll '�"(- �
Clly iiCITT11ri1StPaE�
FROM: Dennis J. Delmont .��
Chief of Police �
Subject: Permanent Appointment of Probationary Officers
As of July 3, 1997 Officers John Larrive, Michael Thompson, and Bobby Lambert will
have completed their one year probation. I am recommending that they be permanendy
appointed as Mendota Heights Police Officers.
All three officers have done an excellent job during their probationary period. They have
demonstrated a high level of commitment to their jobs and have quickly developed into the
type of officers we want in Mendota Heights. Although their personalities aze quite
different, their work ethic, respect for the community, and fellow officers, and their desire
to do an excellent job, is the same.
Along with their field training officers and supervisors, I recommend that John Larrive,
Michael Thompson and Bobby Lambert be permanently appointed Mendota Heights Police
Officers effective July 4, 1997.
��
�`
CITY OF MENDOTA HEIGHTS
MEMO
June 12, 1997
TO: Mayor, City Council and City Administrator
FROM: Guy Kullander, City Hall Building Manager '�
SUBJECT: Improvements to Lower Level Expansion Area
DISCUSSION:
City Council directed staff to seek bids to "finish off" the lower level expansion area
which is approximately 800 square feet in size. The space will be divided into a 175 square
foot storage room and a 625 square foot meeting room. A divider wall will be constructed
only to the underside of the dropped ceiling grids so that the space could be "opened up" at
some future date, if necessary.
The budget for this work was set at $11,000 which would come from the City Hall
Contingency Fund.
�'� xK� �� � i �
I have received some very competitive bids from the following firms:
$2,375.25 The Schneider Company, Flooring This firm has been awarded the contract to
install the same vinyl tile in the Police
Squad Room.
$2,500.00 Northern Air, Heat, Vent. A/C This company currently maintains all
mechanical systems at City Hall. Received
a second competitors bid also at $2,500.
$2,062.00 J.C. Electric, Lights-Electric Next lowest bid was $2,600.00.
$2,245.00 Custom Drywall, Ceiling and Wall Two other firms contacted declined to bid
"too busy" .
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�
$ 500.00 Carlson Automatic Fire Protection Fire sprinkler heads will need to be
adjusted for the new ceiling height. Firm
currently does all maintenance on building
sprinkler system. (Estimate bid).
$9,682.25
I recommend that the firms listed above be retained by the City to complete the work
items they have agreed to in finishing the expansion area.
� � : � 11: 1
If City Council wishes to proceed with the improvements to the Lower Level Expansion
they should direct staff to issue purchase orders to Schneider Company, Northem Air, J.C.
Electric, Custom Drywall and Carlson Automatic Fire Protection Company for the work
involved in "fuushing off" the expansion area.
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'CITY OF MENDOTA HEIGHTS
MEMO
June 13, 1997
TO: Mayor and City Council
FROM: Kevin Batchelder, City Admirns��or
SUBJECT: Fourth of July Fireworks
DISCUSSION
For the last two years, the City of Mendota Heights has cooperated as a co-
sponsor with Mendakota Country Club to assist in providing a Fourth of July
fireworks display for the benefit of the community. These past firework
presentations have been considered very successful events.
Mendakota Country Club is once again providing a similar event for this
Fourth of July that would operate under the same format as in the past two year's
events. Mendakota Country Club would pay all costs related to putting on the
actual fireworks shoot, while the City would bear the costs of the added traffic
control, police and fire protection, provision of portable bathrooms and community
publicity. The organization conducting the fireworks shoot, Northern Lighters
Pyrotechnics, Inc., has once again been contracted by Mendakota Country Club to
do the actual setup and firing of the fireworks (please see attached contract).
As was done the past two years, a Certificate of Insurance has been
submitted by Northern Lighters Pyrotechnics, Inc. along with the appropriate
licensing information as directed by the State Fire Marshal's office. City staff will
also be processing a List of Named Additional Insureds.
Assuming that the City is again willing to participate and co-sponsor this
event, press releases will be prepared for late June to notify the community of this
event.
ACTION REQUIRED
If City Council so desires, they should authorize staff to participate in co-
sponsoring this event.
KLB:kkb
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NORTNERN L I GHTER P�ROTECHN I CS, I nc
AGREEMENT
WHEREAS, Northern Lighter Pyrotechnics is a duly incorporated, non-profit
corporation AND
WHEREAS, Northern Lighter Pyrotechnics Active Members are qualified and
trained fireworks display technicians, who are volunteers and not paid
professionals, AND
WHEREAS, Northern Lighter Pyrotechnics has certain costs of providing a quality
pyrotechnic display that include costs of production, supplies and insurance,
NOW therefore it is agreed:
1. THAT, on Friday, July 4th, 1997, Northern Lighter Pyrotechnics wilt conduct a
fireworks display at the Mendakota Country Club for the Mendakota Country Club,
Mendota Heights, Minnesota hereinafter referred to as the Host. That in the
event of inclement weather, this program shall be held on an alternate date .
2. THAT, as reimbursement for the costs of the program the Host agrees to
donate to Northern Lighter Pyrotechnics the sum of $6,000.00 (Six thousand
dollars) to help defray costs.
3. THAT Northern Lighter Pyrotechnics shall be fully in charge of the fireworks
event and Northern Lighter Pyrotechnics shall have exclusive authority to direct
the event and all the persons attending it. That the Host will provide and pay for
any police or fire protection at no cost to Northern Lighter Pyrotechnics. That
Northern Lighter Pyrotechnics shall have the final word in determining what
police or fire protection shall be required.
4'
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4. THAT the Host shall be entirely responsible for clean-up and site inspection
after the show.
5. THAT Northern Lighter Pyrotechnics shall provide the Host with public
liability and property damage insurance in the amount of at least $1,000,000.00
(One million dollars) for this event.
6. THAT in the event that the Host cancels the event, then the Host shall
reimburse Northern Lighter Pyrotechnics for its costs that were incurred,
including specifically the cost of the liability insurance arranged for the event.
7. THAT Northern Lighter Pyrotechnics will comply with all local, state and
federal rules and regulations governing fireworks displays and events.
8. THAT nothing in this agreement creates a partnership, an employer-employee
relationship, or a joint venture between the Host and Northern Lighter
r�yrotechnics or its members.
9. THAT this agreement shall be governed by the laws and courts of the State of
Minnesota.
10. THAT no lawsuit may be commenced by either party to this agreement. Any
dispute shall be submitted to binding arbitration under the rules of the American
Arbitration Association.
Dated �.•'{,Vvt..z, 10, l��i�
Host ���ll.�C.c) � l:C�i;l,�,`C� C�u�
by �� C �
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Dated � i ,t : � 1.� �
/
Northern Lighter Pyrotechnics, inc.
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10451 GULF ROULEVARp, TREASURE ISLAND, FL. 33746
To t L Free 1-800—�37-33�� i�at i o na L
1-80Q-282—b776 FLorida
Certificat� Number; 9
GERTIFICATE OF TNSURANCE
FIREWORt�S DISPLAY
NAME L'� APPRE58 tlF I�lSUREI�2 API�ITIOt4AL IhSURELI*
Northe�-n Lighte�- Fyrote�hnics, Inc.
1076 Jenks r��enue
East 8-h, �'�u l, Mi� �;i06
--LEZi�B@Y__�Q5�ES8�E-- --E�S�E��_�QS�EBB�E___
F i �-ema ns Fun�
In�uy-a�ce rampany
3L ICY �l0. : FG60�418
LABILITY LIMIT;
i/FI� OCC: �i�.42�s.444----------_ �2------------------- ��-------_____----
A GG: �is.S�44:444___________ Excess of Ex�ess of
La ss �
��------------------- ��_--------- ------
'raducts: �►'?------------------- �4------------------- ��----------------
'0 LZCY FER IQD:
From: 0�/OLt97 04/09/04 QOi 0�J/00
To: 0�/0�/9$ 00/00l00 OOi40/00
# — CO�fBIi�EL+ SINGLE LI�EIT
a�l�h� ev�n•k of any mater ia L ch�nge i n, nr canceL lati on of sa id pol icy( izs),
�e Compa'nY wi L L endeavur to give !�ri tten �ot ice ta the party wham fih is
'1".Fi'Ft r.3'�� i� i•�5ue,�, bu�t 'F�] 1 L�ti'A t� g iy? such not i�e sf�at L i�nposc r�o
iabi�i i� n� o�Li�a�ian up��r� �he C8(Iipe3Tiy.
�lAME � aDDRE55 OF CERTIFICATE HOLDE�i: DATE OF DISFLAY: �,��1��
Y'�i ��ra U� c�. k D'�'4,.. �.n�� `j G� �V DISFLAYTAMOUi�lT : �— �'"S'���,o
-- �r.O.SXf�-- �.I'I
��� �'J ��� i� i Ci� �vTG� �J j�'�.'. D�ISPLAOf�! 0� 2.ne.�Q.- �Ce�'e� C�ot��t�'ry �1�1
�1 � �, �� � r- �'c� � �
t i� a r�n�iti on of th� po ticy t;�at a1l disp lays bc y-epo� #ed ta the Co�npany afi
aa•�•k �4 hours in adva�re +af the �is�LaY da#e.
li � Cc�itlT iCatC ��it1iZ� d'i i litll<3�iJCLy il�i i7t��ditii?i.y �l�Y�t�i��s� ESii�T1�5 0� dti�'i5
z� covera�e aff�rdQd by tn? Poli=yCies� dzsf�-ib�� h��'�on, �!OTC: In the evznt
�a t � a i n ar i nc l�ment weafiher p� oh i�, i t� th i s d i sp Lay, coverage w i! 1 �pp L'y on a
tb��y.uAn+ datp nn which th? display� is hztd, wifihin1., the -kerms of #h¢ polrcy
)ili'id�.i. C�CaTiU� dTl� ���fC171�] t�i iilC t�1S�+id'y diC ��IIC i25a8115iUlilfy 8f ifle
%Oi1501"Se
it� fOiLOWIi}q aYc� 3{j1�ItICrTfdi InSil�t��s: dT1Y fai; D� E�Yillbl'�IOTIr d550�!��14n,-
�o ri=ot- i n�3 o�-ga ni za# i on o►- comm i ttea, thz a�tn�r or Lessee of any p�-zen i5es used
%'�i�� l�diTi�d 1711iii ed� �i' elTi;/ �tlb i!C 3i1iii0t" ItY 9ranti n3 d p�l'�'fil t'�0 ti3t-� �aillc��
�sl�y-��, nsl� r�n!'r �= respe�,t•a acci�?nfi� a�-ising out �f t{-�e n�gti�er«e of �tir�-,
am�� I n�t�y-ed o� the Na�ne� insu� e�'� emPLoyee� aLti �9 i n the c3uy-�z and sca,�a
�•r�,?i a- e�nptoym�-n#. A1so, a� a��� it iona L�lam�c! Insured, any In�f�pendent
tn-�i-ac �to� ua�o f i� es the di �p lay on bet�aL� af the Named I�surc�.
: i•� i ns!��-� n_n l0�5 not ap;� L.v t� a�y fa i i.�.a�-e to �o L i� e>>ti- c t�anup #h� u I5� Lt3Y+
• C i ab i L i# y ar i� i ng fih e: e f� a�n .
�+��-�'�ye ;sn�?}- #h� ��LirY is �DF1�ifI0T1�� up�n fult rpfllPl.tanca hy aL! insui-w���
t!� al t a�pl ica� le �taf iona L Fi r� F�-ofiect ion As�ocia� ion C;JFF'A? ca���_ an�l
'a,7;{a�-��s i n effa�=# �t •t�e #i�n� ��f t{�e �ispiaY,
�i5 certff icate is not valid unless an o�-iginat stgnature appears beLow,
;opies Not Valid,J
Ci::�:.�_.1 ��.._j �?Z__.________
�A TE 0 F CEf;7'IFICATE ISSUAi�CE+
� ALLIED SPECIALTY INSURANCE, INC.
.
HOF'iIZEI�WSIGNATUf;� �� �
..-------�--------�--------------------
4°
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ALLIED SPECIALTY INSURANCE, INC.
CERTIFICATE OF INSURANCE FOR FIREWORKS DISPLAY - 1997
NORTHERN LIGHTER PYROTECHNICS, INC.
CERTIFICATE NUMBER 9
LIST OF NAMED ADDITIONAL INSUREDS
Organizations and entities included as named additional insureds to this certificate
are as follows:
1) City of Mendota Heights
2) Mayor and City Council of Mendota Heights
3) Mendota Heights Fire Department
4) Mendakota Country Club
5) Mendakota Country Club Board of Directors
6) St. Thomas Academy
7) Convent of the Visitation School
8) Independent School District 197
9) Mendota Mall Associates
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
Fire Marshal Division �
Pursuant iv MSS C24,22, the SEate Fir� Marshat issuea this
FIREWORKS �IISPLAY OPERATOR
t:ER.TiFICATE N{�: B 4213
Date of Birth: 05108li 946
DENNIS M DANICH •
1U76 JENKS AVENUE
S`i'PAUL MN SSi06
Cen�cate Ciass: OUTT�►OOR AND INUOQR/PRQXIMATE
E�fective. U3129j199b E�pires: �i3/28i200U
. . .�Y,^ ..f4� .. i��� �n4SQM•:i�t'W�.�GG�YWq1�i�� � _ • __�It�p"'�'i�'la,�l='?Tl':'�`�i. .. ' � • -iYiy,�!.
1
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(612j 293-7930
WaLs (8G1QJ 326-9121
fax (622j 293-79&2
PAUL C. BBEGEL
AQaount Exe�cutive
�t� �LLM"►�. 1..� i,� �t,l� L✓�Y'��LC.�4t. i Q,,•i
DEAN E�I�TTBR REYNQLDS �T� � �
1550 Minn�soia World TYade Cent�r �YLC.
� 30 F.ast Seventh Strae4 SL PaW, MN 55101
.<s.; " . �~ • � . . ..
' l '• / i` i l
KRISTINE AWADA 2075 Mendakata Drive
Clubhouse Manager Mendota Heights, MN 55120
{b12} 454-2$22
FAX 454-9299
:�
�
CITY OF MENDOTA HEIGHTS
MEMO
June 13, 1997
TO: Mayor, City Council and City Administrato�✓
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: APT Mendota Heights Developer's Agreement
DISCUSSION
At the June 3rd Council meeting, concept approval for Tax Increment
assistance on the George's Golf Range site was approved.
The basic agreement calls for an up front payment of 5250,000 for
demolition and site corrections. The agreement allows a one time transfer from
Ameritec to a real estate trust.
ACTION REQUIRED
Review the Developer's Agreement and if acceptable, authorize the Mayor to
execute the agreement.
LES:kkb
FROM WINTHA4P & WEINSTINE (FAI1 6,13'97 14:14/ST,14:13/N0,4260606871 P 1 a
�
• � • :i 11`F-1NSTINF
A Pm, j�ssional �lstociatiori
3?OO Minnesota World Tiude Center
30 East Sevendr Su�eet
Sx Pavt, Mi�vtesota 33101
Telephone: (612)190-8400
Faz: (611) I9?-9947
FACSIMILE COVER LETTER
- SENT TO: Kevin Batchelder
SExr sY: Thom�s M. Harc
DA7'E: 3une 13, I997
FACSIMILE NO.: 452-8940
F7LE NO.: 1007-198
MESSAGE: Eactased is the revised Agreement as we discussed.
ORIGINAL WILL: Not Be Se.nt
This communication consists of 29 pages, including Lhis eover }etter. If all pages are not
received, please contact Debbie L. Liehty at (612) 290-8433.
�� FAOM WINTHAOP & WEINSTINE (FRI) b. 13' 97 14:14/ST. 14:13/N0. 4260606871 P 2
CONTRACT FOR PRIVA'I'E DEVELOPMENT
by artd between
The City of Mendota Heights
and
APT Mendota Heights, Inc.
June ,I997
,
FR4M WINTHROP & WEINSTINE (FAI1 6,13�97 14;15/ST.14:13/N0,4264606871 P 3 �
SECTI�N 1. DEFINTTIONS
Section 1.I
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TABLE OF CONTENTS
Defititions................................. . ..................................................................... 2
Act............................................ .... .................................. ................................. 2
ActualKnowledge .............................................................................................. 2
Agreement......................................................................................................... 2
Certificate of Completion ...................................................................... ...... 2
Ciry.................................................................................................................... 2
Construction Plans ................................. ... ....................................�.................. 2
Council ................................................................................................
.............. 2
Couniy....................................................................................... .................. 2
Developer........................................ ... ....................................................... ... . 2
DevelopmeritDistrict ......................................................................................... 2
DeveiopmentPlan ........................ ..... ..... . ... . . ... . . . .... . . ..... . ....... . ....... ........ ....... . . .... 2
Develo�ment Property ....................................................................................... �
�rant ncraun .................................................................................................
I�inimum Improvements ............................................ ........................................ 3
PernuttedTransfer ......................... ................................................................... 3
Preliminary Development Plan .......................................................................•--.. 3
.
ProJ� ............................................................................................................... 3
SiteImpravements ...................... ...................................................................... 3
5tate.•• ............................. ......... ...................................................................... 3
TaxIncrement .................................................................................................... 3
TaxIncrement Act .......................... .................................................................. 3
TaxIncrement District ....................................................................................... 3
TaxIncrement Plan ................................................................... ........................ 3
TaxO�cia] ...................................... ..................................... ....... ... ..... _.. 3
Transfer ......................................•----........................................_..........3
...............
Unavoidable Delays
SECTION 2. REPRESENTATION�S AND WA��RANTIES
Section 2_1 Representations by the City .............•...................._......_........................_...---....... 4
(a} StatusofCity .....................................................................................................4
(c) No Watranty a o Development Property .. ...................................................... 4
Section 2.2 Representations, Covenants and Warranties by Lessee and Developer .................... 4
(a} Good Standing .................................•-•••-............................_...........-------•-•�---...... 5
(b) Authority..........--• ............................••---•...........................................__.....---.......5
(c) Consents ............................................................................................................ S
(d) No Violation ...................................................................................................... 5
�
FROM WINTHROP & WEINSTINE
(FAI ) 6. 13' 97 14:15/ST. 14:13/N0. 426060b871 P 4
Title................................................................................................................... 5
Compliaate with Laws -------------------•---...........-•------------........._............................. 5
Permits and Licznses .......................... • • •............................................................. S
Cost of Muumum Improvernents ........................................................................ 5
Necessity of Assistance ...................................................................................... 6
zor,ing ...................................�---�--------...............----...........---............. ............... 6
Har.ardous Waste.......--•-• .................... ..... ................................•-...................... 6
MaterialsPern�its ............. ... ............................................................................. 6
No Environrr►ental Proceedings .......................................................................... 6
No Environmental Listing . ....................... ..................................................�----.. 6
NoRequired Testing ........... .. .. ... .............................................................. ...... b
Disclosure.. .............. ............................................................................ ........... 7
x�li��� ..........................................................................,.....................---�-�-----�- �
Survival...................... . .................................................................... ................. 7
SFiCTI�N 3. L�TLT.dYINGS �F CITY bNi3 DT:TT�LLID�IL
Section 3,1 Place of Document Exewtion, Delivery and Recording ...................................... 7
Section 3.2 Reimbursable Costs ............................................................................................ 7
Section 33
Secction 3.4
e
Pub�ic Cosis ...............•---..............................................---.....---��---.._._................. 7
Conditions to City's Reimbursement Obligation .................................................. 7
SECTION 4 CONSTRUCTION OF bZQ�TIIviUM IMPROVEMBNTS
Section 4.1 Construction of Mmimum Improvements ............................................................ 8
Section 4.2 Preliminary Devetopmenc Plan-•• .................................•..............,........................ 8
ia) APPraval of Preliminary Development ................................................................ 8
(b} Changes in Plans ....... ...........................••--••••-•---........---..................................... 8
(c) Effect of City Approval ...................................................................................... 8
Saction 4.3 Completion of Construction .--• .....................••-••................................................. 9
.. Section 4.4 Certifiicata of Completion ...................... ............ 9
.................................................
(a) Certificate of City .........................�----�---.....-------�--�-�................... ....................... 9
(b) Notice ofDefects.••• ........................................................................................... 9
Section 4.5 Additional Responsibilities ofDeveloper ...........................................................10
(a) Maintenance of Public Easements ............................................ _......................... l 0
(b} Utiliiy Installation ....................................................... ......................................10
(c) Repair ofPublic Facilities .........................•--............................_.........................10
,
FR4M WINTHAOP & WEINSTINE
(FRI I 6. 13' 97 14:15/ST, 14;13/N0. 4260606871 P 5
�
SECTION 5 INSURANCE
Section 5.1 DuringDevelopment .........................................................................................IO
(a) Builder'sRisk ...................................................................................................i0
�) Genera! Liability ................................................................................................10
(c) Worker's Compensation ....................................................................................10
Section 5.2 After Completion - Casualty Insurance ..............................................................10
Section5.3 Other Tetms ..................................................................................•----••------.......11
Section 5.4 Condemnation ...................................................................................................12
Se�tion 5.5 Subordination .....................�---............................................_..............................12
SEC'ITON 6. PROHIBITIONS AGAIl�IST ASSIGNMENT AND TRANSFER
Section 6.1' Identity ofDeveloper ........................................................................................13
Section 6.2 Conset�uences of Transfer .................................................................................13
(a} No Transfers ............:................................................................. ...13
�) Consequences of Transfer .................................................................................13
(c) No Restriction on Sale ............. ........................................................................14
Section 6.3
Section 6.4
EffectofFinancing ............................................................................................14
Assignment.......................................................................................................14
SECTION 7. EVEN?S OF DEFAULT; REMEDIES
Section 7.1 Event of Default ............................................... ................................................14
(a) Failure of ?imely Completion ......................................................................... ...14
(b) Breach ofDeveloper Obligations .......................................................................14
f.u] I2�a..tav ..i'n.,..,�l�..r .---•-••--•-------------•-•-----••--•....................---•-------••----•-•..... sl
Section 7.2 Remedies on Default .........................................................................................14
{a) Certificate of Completion ..................................................................................14
ib) � Suspension ofPerformance ...............................................................................14
(c) ?ermination of Agreement ........................................ ...15
(d) OtherRemedies ...................................••._............................................_._..........IS
Section 7.3 No Remedy Exclusive ....................................................... ..........15
Section 7.4 No Additional Waiver Implied by One Waiver ..............................................•-•..15
r
FAOM WINTHAOP & WEINSTINE (FRII 6,13'97 14;16/ST.14:13/N0,4260606871 P 6
SECTION 8. ADDITIONAL PROVISIONS
Section 8.1 Conflict of Interests; City Representatives Nvt Individually Liable .....................15
Section 8.2 Non-Discrimination ...........................................................................................15
Section 8.3 Equal Employment OpponunitY •--••••--• ..............................................................15
{a) Employees ..............................•••--•••---...............................................................15
ib) Advertising .................••......................._.....-•----..__....................._ lb
...........-•-•----•-•.
Cc7concracta ............. ..... ................... ... . . ............ ...... . ... . . ..... ......... ............... . . ..... .. ..16
SeCtion 8.4 Provisions Not Merged With Deed ........................ .... ....................... ....... .....lb ,.
Section 8.5 Titles ofSections ..................................�---............,............................................16
Section 8.6 Notices and Demands--• .........................................................................•-..........16
(a} DeveIopet ..............•----............................._..................................-••••-•-••............16
.
(b Criy .............................................••-••-••--••---..................,, 17
Section 8.7
Section 8_8
Section 8.9
Tndemnification.... . ..................................................................................�-----..17
Covenants ofPrincipal .............................................................................. ...18
Governing Law .................................................. ..18
.............................................
Section 8.10 Time is afthe Essence.....••..-••....--• ....................................................•••.............I8
Section8.11 Counterparts ............................ ................................................ ...... ............. ......18
Section 8.12 Interpretation and Severability ...........................................................................18
Section 8.13 Successors and Assigns ...............•-•........_..................................-•-•-•-•--•--...........18
Section 8.14 Modificaiion/Entire Agreement ...............................•...................................,.....18
Section 8.15 Suivival ............................................
.................................. .......................... ...29
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FROM WINTHA4P & WEINSTINE (FRI) 6.13'97 14:16/ST.14:13/N0,4260606871 P 7
CONTRACT FOR PRIVATE DEVELOPMENT
Tiiis Contract for Private Development (this "Ageement"), made on vr as of the day of
June, 1997, by and between The City of Mendosa Heights (the "City"), a statutory city of the
State of Minnesota, having its principal offices at 1101 Victoria Curve, Mendota Heights,
I�f nnesota 551 i 8, APT Mendota Heights, Inc., a Delawaze corparation (the "Developer") with its
principal office at SOS Montgomery Street, Si�th Floor, San Francisco, California 94111 _
WITNESSETH:
WHEREAS, the City is a statutory city of the fourth class arganized and existing pursuant to the
Constitution and laws af the State of M'innesota and is governed, by the City Cauncil (thc
"Council") of the City; and
WHEREAS, pursuant to the Municipat Development Districts Act, Minnesota Stututes, Chapter
273, as amended and recodified (the "Act"), the Counci� is authorized to establish devel�pment
districts in order to provide for the development and redevelopment of the City; and
WHEREAS, pursuant to the Minr►esota Tax Increment Financing Act, Minnesvta Statutes,
Sections 469.174 et, seq. (the "Tax Increment Act"}, as amended, the Council is authorized to
finanee the Capital and administration casts of a development district with tax increment revenues
derived from a tax increment Snancing district established within such development district; and
WHEREAS, the Council adopted the Developmem Program {the "Development Plan") on May
5, I98I creating Development DisVict Number 1(the "Development District"} pursuant to the
Act; and
WHEREAS, in connecuon with the Development Plan the Council has established a tax
increment financing district pursuant to the Tax Increment Act (the "Tax Increment District"}; and
WHEREAS, the City believes that the development of the Development District pursuant to this
A.greement, and fuifillment generally of the terms of this Agreement, are in the best interests of
the City and the health, safety, morals and welfare of its residents, and in accord with the public
purposes and provisions of applicable federal, state and loca! laws under which the Development
Plan is being undertaken and assisted;
-- — -- — —a---a r--� r..� `^� .....'..�. prvrruovo,
represerttations and undertakings of the parties hereto, each of them does hereby covenant and
agree with the othcr as follows:
FROM WINTHR4P & WEINSTINE (FRI) 6.13'97 14:16/ST,14:13/N0.4260606871 P 8
SECTYON 1.
DEFINIZZONS
f��a ng� ��ecifle�Tti���cuonh�° '�ac�"�e�utt�o pronoun �°er°em�'�es �eem� e��o
refer to the singular, plural, masculine, feminine or neuter as the context requires. Words such as
"herein," "hereinafter," "hereo�" "hereto," and "hrreunder," when used in reference to this
Agreement, refer to this Agreement as a whole, unless the context requires otherwise:
(u) Act means the Municipal Development Districts Act, Minnesota Statutes, Chapter
273 as amended and recodified.
(b) Ac�u�l Knowledge means, with respect ta any representation made herein, the
awareness of facts or information, or the absence of facts or infarmation, by a natural
person, or, in the case of a legal entity, any officer of such entity.
(c) . Agreement means this Contract for Private Development, as the same may be from
time to time modified, amended, or supplemented.
(d) Certifieate of ComDletion means the written certification by the City that the
Muumum Improvements have been cQmpleted in accordance with the terms of the
Agreement.
(e) Ci�i means the City af Mendota Heights, Mmnesota.
(t) Coastruction Pl�ns means the plans, specifications, drawings and documents
related to the Devetopment Property and the construction work to be performed by the
Developer on the Development Property including, but not limited to, the following: {1)
as-built survey of Deveiopment Property, (2) site plan; (3) foundation plan; (4} floor plan
for each floor; (5) cross sections of each (length and width); (b) elevations (a11 sides); (7)
facade and ]andscape pl,an; and (8) such other plans or supplements to the foregoing plans
as the City may reasonably requesr.
Lg.l �'�•■���1 means the elected citv council of the Citv.
(h) Cou_ means the County of Dakota, State of Minnesota.
(i) ' Devdoper means, APT Mendota Heights, Inc.
(j) Develonment District means Development District Number 1 created by the City
pursuant to the Development PIan.
(k} Dev�lopment Plsn means the Develogment Program for Development District
Number 1 adopted by the Council on May S, 198I, as the same has been and may hereafter
be amended.
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FAOM WINTH80P & WEINSTINE (FAI) 6.13'97 14:17/ST,14:13/N0.4260606871 P 9
(i) Dtvelopment Propertv means the real property legally described on Exhibit A
attached hereto and incorporated hereen.
{m) Event of Default means an action or occurrence described in Section 7.1 of this
Agreement.
(n) Miaimum imDrovements means collectively, the Site Improvements and an
approximately 150,491 square fflot office warehouse facility to be constructed on the
Development Praperty.
{o) Permitted Transfer means any conveyance or dispasition of the Development
Property which is excepted from the definition of Transfer set forth in this Section.
(p) Pte]iminary Devslo�ment Pl�n shali mean, collectively, the Construction Plans
and aIl other writengs, drawings illustrations or other artistic renderings, applications,
agreements or other documents submitted to and approved by the City in connection with
t}us Agreement and/or the Praject.
(� Project means the construction of the Muumum Improvemcnts.
(r) Site Imorovements means, collectively, all those certain improvements ta the
Development Property described on Exhibit B.
(s) State means the State of M'uinesota.
(t) Taz Increment means that portion of the reai estate taxes paid with respect to the
Development Property which is resnitted to the City as tax increment pursuant to the Tax
Increment Act.
{u) Taz Increment Act means the iax Iacrement Financing Act, Mihnesota Statutes,
Sections 4b9.1'74-469.179, as amended.
� . -�� r.�.���� a�e�rioc n,vano T� zrscrvra:vn: rinartoans vtssl'ici i�utstvct I GrG3LCII
and amended by the Ciry pursuant to the Tax Increment Plan adopted in connection with
the Development Plan.
(w) Taz Irterement Plan means the Tax Increment Financing Plan adopted by the City
on May 5, 1981, in connection with the creation of the Tax Increment District, as the same
has been or may be amended from time to time.
(a) Taz Of�icial means any City or county assessor, County auditor; City, County or
State board of equalization, the commissioner of revenue of the State, or any State or
federal district court, the tax court of the State, or the State Supreme Court. •
{y} Transfer means the sale, assignment, conveyance, lease, transfer, foreclosure, or
other disposition of (i) the Development Property or any interest therein, (u} the M.�nimum
Improvements, or any portion thereof or (iii) the sale, exchange or transfer of greater than a
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FAaM wINTHAOP & WEINSTINE
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fifty percent (50%) interest in the ownership, profits, or capital of the Develaper,
determined witt► reference to all such exchanges occurring af�er the date heceof, provided,
however, that any determination under clauses (i), (ii) or (ui) above shall not include (A) a
one time transfer or disposition of fee title to the Development Property to AIvIB Real
Estate Trust, a Delaware real estate investment trust (the "AMB T'rust"), which transfer
shall be contingent on the City's receipt of an assumption agreement from the AMB Trust
of the Developer's obligations hereunder, or (B) the leasing of space within any building
constructed on the Development Property in the ordinary course of business to proposed
occupants thereof.
(z) • Unavoid�ble Del�vs means delays which are the direct resuIt of strikes, shortages
of materials, war or civil commotion, deIays which are the direct result of unforeseeable and
unavoidable casuatties to the l�f'inimum Improvements, the Development Property or the
equipment used to construct the M'inimum Improvements, delays which aze the direct resu1t
of governmental action or inaction beyond the control of Developer, delays which are the
direct result of }udieial action comrnenced by third parties, citizen opposition or aetion
affe�ting the Project or adverse weather conditions, any A.ct of Gad, or to any other cause
or action beyoad the reasonable control of the party seelang to be excused as a result of its
occurrence.
SECTION 2.
REPRESENTATIONS AND �VARRANTIES
SECTIOI� 2.1. ReQresent�tions bv the CitY. The City makes the following
representations as the basis for the undertaking on its part herein contained:
(a) Status of Citv. The City is a statutory city of the State with all the powers of a
statutory ciry of the fourth class duly organized and existing under the laws of the State.
Under the provisians of the Act and any other applicablc laws, the City has the power to
enter into this Agreement and cazry out its obligations hereunder.
(b) Compiiaace w;th Laws. The City has created, adopted and approvcd the
Development District, the Development Pla� and Tax Increment District in accordance
with the respective terms of the Act and the Tax Inaement Act, and the same remain in full
force and effect.
(e) N� Warrantv as to Devdavment Pronertx. Except as specifically provided
herein, the City tnakes no representation, guaranty or warranty, either expresc or implied, as
s�u� � o'�"t e� eve op en�t c�op�erty"'�� t�vel`� o�pe puIIrposes o�r� ne�eds,�or (i� he
economic feasibility of the Project.
S�CTION 2.2. Rentes�ntations, Covenants and Warranties bv Lessee and Developer.
The Developer hereby regresents and w�arrants, that:
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FAOM WINTHAOP & WEINSTINE (FAI) 6. 13' 97 14:18/ST. 14:13/N0, 4260606871 P 11
(a) Good StandinQ Developer is a cotporation duly organiaed, validly existing and in
good standing under and pursuant to the laws of the State of Delaware and has fup power
and authority to enter into and perform its obtigations undar this A,greement and the
transactions contemplated hereby. �
(b) Anthoritv. This Agreement has been duly and validly executed and delivered by
Ixasee and Developer and constitutes the valid and binding obligation of Lessee and
Developer according io its terms, enforceable against Lessee and Developer except as the
enforcement thereof may be limited by bankruptcy and other iaws of general application
reiating to creditors' rights or general principles of equity. The execution of this Agreement
by Lessee has been duly authorized by the appropriate officers of Lessee, and no further
action is required for the performance by Lessee of its obligations hereunder.
(c) C2nsents. Except as disclosed in this Agreement, no consent, approval, order,
authorization, registration, declazation, filing, waiver or notice to any govemment entiry or
third party is required or necessary to be obtained by Lessee or Developer in connaction
with the executio� delivery and performance of this Agreement.
{d) No Violation. Neither the execution and delivery of this Agreement, the
consummation of the transactions contemplated herehy, the acquisition, construction and
development of the Development Property, nor ihe fulfillment of or compliance with the
terms and conditions of this Agreement is prevented, limited by or conflict with or result in
a breach of, the terms, conditions or provisions or any corporate restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which the
Developer is now a party or by which it is bound, or constitutes a default under any of the
foregoing.
(e) Tide. Except for a proposed one time transfer of title to the Development Property
to the AMB Trust, Developer is and shall be the owner of the Development Property.
Except far matters disclosed in this Agreement, there are no pending o� threatened claims,
lawsuits, or disputes with respect to the Development Property or peveloper's ownership
thereof.
(fl Comoiiance with L�ws. Developer shall operate and maintain the Minimum
Improvements in a11 material aspects in accordance with the terms of this Agreement, the
Development Plan and all applicabie local, state and federal laws and regulations (including,
but not limited to, environmentai, �o�iuig, building cvde and public health laws and
regulations).
(g) Permits and Licenses. Subject to Unavoidabte Delays, the Developer shall obtain,
in a timety manner, all required pemiits, reviews, clearances, licenses and approvals, and
will meet, in a timely manner, the requirements of all applicable local, state and federa] laws
and reguiatians which must be obtained or met before the Minimum Improvements may be
lawfully constructed. -
(h) ' Cost Qf Minimum Improvements. The Developer covenants that the cost of the
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FAOM WINTHAOP & WEINSTINE
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M'mimum Improvements to be completed an the Develapment Property shall be not less
than S . .
(� Necessitv of Aasistance. The Developer acknowledges, represents and agrees that,
but for the assistance provided by the City under the Agreement, it would not be able to
undertake the Project within the foreseeable future.
(j) ni , The I�nimum Improvements, as of the date of this Agreement, are a
permitted use under the provisions of the zoniag ordinance of the City applicable to the
Development Propecty.
(k} Hazardous Waste. To the best knowledge of Develaper, no urea formaldehyde,
polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials,
explosives, irnown carcinogens, petrolevm products or other pollutants, contaminants,
chemicals, materials or substar�ces defined as "hazazdous waste," "hazasdous substaace,"
"hazardous constituent," "solid waste," or "tvxic substance" (alI of the foregoing are
referred to collectively hereinafter as "Hazardous Materials") the release or disposal of
which is regulated by any federal, state or local statute, regulatiar� order, treaty, code,
publication or ordinance (or any amendment thereto) t'elated to human health or the
environment including, without Iimitation, any taw, regulation or ordinance concerning the
protection and preservation of natural resources, air, water, noise or soil pollution or
contamination, or Haz,ardous Materials use, generation, storage or disposal,
{"Environmental Law") are located on, in, about or under the Development Property, and
none of Development Ptoperty has ever been utilizad for the storage, manufacture, disposal,
handling, transportation or use of any Hazardous Materials.
(1) Materials Permits. All pernvts, licenses and similar authorizations and approvals
necessary or required under aU Environmental Laws, including those for any Hazardous
Materials stared, used or manufactured within or an the Development Property have been
obtained, are being complied with and are in full force and effect, and either Developer or
Lessee has complied with a(1 other reporting, filing and other requirements vnder the
Environmental Laws.
(m) No Environment�.l Prnceedings. To the best knowledge of Developer, there are
no eadsting, proposed, threatened, or pending investigations, administrative proceedings,
litigation, regulatory hearings or other actions concerning any the Deve]opment Property
and alleging noncompliance with or violation of any Environmental Law or relating to any
required en�ironmental permits or licenses.
(n) l�o Environmentsl ListinQ. '1'o ihe best knowledge of Developer, no portioa of
the Development Property is listed in the United States Environmental Protection Agency's
National Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory
or record of hazardous waste sites ma.intained by any federal, state or tocal agency.
(o) No R�quired Testin�. To the best knowledge of Developer, the Developer has not
received any written notification from any city, county, state or federal governmental
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FAOM WINTHAOP & WEINSTINE (FRI1 6. 13' 97 14:19/ST. 14;13/N0. 4260606871 P 13
authoriry, agency or instrumentality requiring any work or testing to be done on or about
the Development Properiy.
(p) Disclosure. No representation or warr�anty of Developer or Lessee in this
Agreement and no statement contained in this Agreement or in any document delivered or
to be delivered pursuant hereto contains or will contain an �unvue statement of materiat fact
or omits or will omit to state any material fact necessary to make the statements herein or
-� therein contained, in light of the circumstances under which made, not misleading; ,it being
understood that as used in this subparegraph "material" means materia) to any individual
statement ar omission and in the aggregate as to aIi statements and omissions. All regorts
and investigations commissioned or otherwise received by the Lessee concerning the
Development Properry and reiating to Ha.zardous Materials have been disclosed to the City.
(q} Reliance. ?he foregoing representations, warranties and covenants aze made by the
Developer and Lessee with the knowleclge and expectation that the Ciry is relying thereon.
(r} Survival. The foregoing representations, warranties and covenants, together with
any and all other representations, warranties and covenants contained in this Agreement,
shall survive consummation of the transactions contempIated by this Agreement.
SECTION 3.
UNDERTAI�NGS OF CITY AND DEVELOPER
SECT'iON 3.1. Place of Document Eaecution, Deliverv and Recording. Unless
otherwise mutually agreed by the City and the Developer, the execution and delivery of ail
documents and payment of any amounts due hereunder shall be made at the offices of the City.
SEC'I'I4N 3.2. Reimbursable Costs. Upon issuance of the Certi$cate af Compietion by
the City, the City shail reimburse the Developer for the lesser of (a} actual amount of Site
Improvements {as set forth on Exhibit B) incurred by the Developer in connection with the
Project or (b) the st�m of Two Hundred Fifly Thousand and 00/100 Dollars ($250,000.00}. Such
reimbursement shall be payable upon issuance of the Ccrtificate of Completion. The Developer
agees to deiiver to the City, in connection with issuance of the Certificate of Completion, a
certificate, in form and substanc� acceptable to the City, acknowledging and warranting the actual
amount of Reimbursable Costs incurred in connection with completion of the Project, along with
such supporting documentation as shall be requested by the City.
SEC'TION 3.3. Public Cost�. The City and the Developer hereby stipulate and agree that
the assistance grovided pursuant to this Agreement is intended to reimburse the Developet for the
Site Improvemeflts (or portions thereo� listed on Exhibi[ B attached hereto, and that such
assistance is in furtherance of the purposes of the Development Plan, the Act, the Tax Increment
Aci, and/or necessitated by the unique characteristics of the Development Property and/or the
topography of the Development Property site.
SEC'TION 3.4. Conditions to Citv's Reimbursement Obli�ation. In connection with
delivery of the Certificate of Completion and perfotmance by the City with respect to its other
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F80M WINTHAOP & WEINSTINE (FAI) 6.13'97 14;20/ST.14:13/N0.4260606871 P 14
abligations purs�uant to this Agreement, and as a condition precedent thereto, the City may, in its
sole discretion, r�quire the Deveioper to (i) submit evidence of compliance by the Developer with
the terms and conditions of this Ageement, (u) provide an opinion of counsel acceptable to the
City that the Developer and the Muvmum Imgrovements qualify for the financial assistance
provided hereunder pursuant to the Act and tke Tax Increment Act, and {iu) pay the City's
expenses of counsei in connection with the preparatior� execution, and filing of this Agreement.
SECTION 4.
CONSTRUCTION OF hIINIMUI�i Il1�LPROVEMENTS
SECIZON 4.1. Construction of Miaimum Imurovements. The Developer agrees that it
will construct the iVfinimum�rovements on the Development Property in accordance with the
a�rvw� rrv�nna,)- av+v� vr:c na�.
SECTION 4.2. Preliminan► Development Plan. Prior to commencement of construction
of the Muiimum Improvements, the DeveIoper shall submit the Preliminary Development Plan to
the City for approval_ 1'he Preliminary Development Plan shall be consistent in all respects with
aay description of the Project provided to the Council by the Developer in connection with the
Developer's request for assistance provided pursuant to this Agreement. The City may reject the
Preliminary Development Plan, or request changes thereto, in its sole discretion.
(a) Aoornval of Pre]iminarY Develanm�nt Pl$a. The Ciiy's performance hereunder is
r ..��.� �.� �4.I�� a.� a�� _ - _ -- a�� �.��a�� ��� �� �L� ���y��.
Devetopmeat Plan, and upon compliance by the Developer with all applicable laws and
sa#isfaction of all City requirements {including planning and zoning, building codes, etc,} for
projects ofthis nature.
(b) Cban�es in Pl�ns. If the Developer desires to make any material change in the
Preliminary Development Plan, the Developer shall submit the proposed change to the City
for its approval. The Developer acknowledges that upon entering this Agreement, ihe City
in no way waives its right of final apprava] of materials and submissions reguired herein,
including, but not limited to, final Constroction Plans, and the City expressly reserves its
right to derry► approval of any plans and permits should the Developer fail to proceed in
accordance with this Agreement and/or fail to perform in total compliance with the
obligations herein and the requirements of the City's Zoning Ordinance and City's
Subd.ivision Ordinance and other applicable City codes and ordinances a�ecting the
Construction Plans and/or the Development Property.
(c} Eflaet of Citv Annroval. Except as specifica�ly provided in writing by the City or
any departme� or official thereof for the spe�ific, limited purpose of such writing, the
approval of the Preliminary Development Plan (or any amendments thereto) by the City or
the Cou�ciI sha11 not constitute a representation or warranty that such plans, the Mmimum
""r �7 . ��� �`^`� �"r"�T r'T _�«. �"T ti�'�`�.� w�t��r�a w��)
health or safety regulation, environmental law, or other Iaw or regulation, or that the
M�nimum Improvements will meet the qualifications for issuance of a certificate of
occupancy. Approval of the Developer's plans by the City or any department or o�icial
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FR4M WINTHAOP & WEINSTINE (FRI1 6.13'97 14:21/ST,14;13/N0.4260606871 P 15
thereQf shall not constitute a waiver by the City of any Event of Default occurring
hereunder. .
SECTION 4.3. Com�oletion of Construction. Subject to Unavoidable Delays, the
DeveIopet shall achieve final completion of the construction of the Minimum Improvemetrts on or
before 199 . All work with respect to the Minimum Improvements to
be constructed or provided by the Devetoper on ihe Development Property shall be done in a
good and worlananlike manner with quality materials and in strict compliance with the Preliminary
Develo�ment Plan as submitted b�r the Developer and approved b+�the Ci . Developer hereby
The Developer agrees for itself, its successors and assigns, and every successor in interest to the
Deveiopment Property, or any part thereof, that the Develope�, and such successors and assigns,
shall diiigeritly grosecute to completion the development of the Development Property through
the constructian of the Mmimurn Improvements thereon, and that such construction shall in any
event be completed within the period specified in this section. During construction of the
IVynimum Improvements, the Developer shall make reports, in such detail and at such times as
may reasonably be requested by the City, as to the actual progress of the Developer with respect
to such construction.
SECTION 4.4. Certificate of Comnletion.
(a} �ertificate af Ciri. The Developer will notify the City when construction of the
11Tnimum Improvements has been completed. The City shall have the right, but not the
obiigation, ta inspect the Development Property and/or the Minimum Improvements upon
notice of completion from the Developer. Promptly after finaJ completion of the 11�nimam
Improvements in accordance with the terms hereof ('including the date for completion
thereo�, and, if the City elects to in�pect such property, a.fter the City's inspecrion of such
property, the City will furnish the Developer with an appropriate instrument sa cercifying
(the "Certificate of Completion"). Such ceriification by the City shall he (and it shall be so
provided in the certification itself}, absent latent error or defect, a determination of
satisfaction of the agreements and covenants in the Agreement with respect to the
obligations of the Developer to construct the Muumum Imgrovcments. Issuance of a
eertifieate of occupancy by the City with respect to the Mtnimum Improvements shall be
evidenc� of compietion of construction of the Minimum Improvements (but shall not be
conclusive evidence of Developer's compliance with its obligations hereunder). Delivery of
the Certificate of Completion shall not constitute a representation or watranty by the City
that the Development Property or the Nrnimum Improvements comply with any applicable
building code, health or safety regulation, Zoning regulation, environmental law, that the
Minimum Improvements will qualify for a certificate of occupancy, or that the Minimum
Improvements will meet the requirements of Developer or any other user af the M'inimum
Imgrovements.
(b) Notice of Def�cts. If the City shalI refuse or otherwise be unable to provide the
— � �a, s,�� a_ �_ �_..�.�^� �.. �...� �..y �..� �..T w+�aa�
withia ten (10) days after written request by the Developer, provide the Developer with a
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FkOM WINTHROP & WEINSTINE
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written statement, indicaiing in adequate detail in what respects the Developer has fa.iled to
complete the Muvmum Improvements in accordance with the provisions of the Agreement,
or is otheru►ise in default, and what measures or acts will be necessary, in the opinion of the
City, for the Developer to take or perform in order to abtain such certification.
SECITON 4.5. Additional ResQonsibili�ies of Deve�oper.
(a} Maintenance of Public Easements. The Developer will not construct any
building, structure, or improvement or� over, or within the boundary lines of any public
utitity easement unless such construction is provided for in such easement or has been
approved by the utility involved. '
(b) �Ttiliri Inst$llation. Developer shall be responsible for the full and prompt payment
of ali utility access charges with respect to the Muumum Improvements (including SAC and
WAC). Deveioper shall further bear the cost of the relocation of any existing public or
private utilities which may be caused or necessitated by t.he construct'son of the Minimum
Improvements.
(c) Reoair of public Faciiities. Developer shall, at its sole cos� and expense, replace
any public facilities or public utilities damaged in connection with the construction of the
Nfinimum Improvements in accordance with the technical specifications, standards and
practices of the owner thereof.
SECTiON S.
INS�TRANCE
SECTION 5.1. During Devcionmen� The Developer shall provide and maintain at ail
times during the process of constructing the Mnimum Improvements for the bene&t of the
Developer and the City and, from time to time at the request of the City, fumish the City with
praof af payment of premiums on:
(a) $uilder's Ri�k Builde�s risk insurance, written on the so-called "Builder's Risk —
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
replacsment value af the I1Tnimum Improvements as of the date of comgletion, and with
coverage available in nonreporting form on the so-called "ail risk" form of policy.
{b) G�neral Liabilitv. Comprehensive general liability insurance (including liability
arising from operations, contingem liability, operations of subcontractors, completed
operations and contra�ctual liability insurance) together with an Owner's Contracto�s Policy
with limits against bodily injury and property daznage of not less than $3,000,000 for each
occurrence (to accomplish the above-required limits, an umbrella excess liability policy may
be used).
(c) Worker's Comuensation. Worker's compensation insurance, with statutory
coverage.
S�C'ITON 5.2. After Compietion - Casualt7 Insumnce. On and after the Completion
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FAOM WINTHROP & WEINSTINE (FAI) 6.13`97 14:22/ST.14:13/N0,42606Q6871 P 17
Date, the Developer shall provide and maintain for the tenn of the Tax Increment District or the
terms of this A�rre�ment, whichever occurs first, for the benefit of the Develaper and the Ciry, at
its sole cost and expense, and, from time to time at the request of the City, furnish the City with
proof of payment on, casualty insurance in an amount equal to one hundred percent ( I00%) of the
insurable value of the Nfinimum Improvements against loss or damage by fire, windstorms, hail,
explosioq vandalism, maliciaus mischie� civil commotio� demolition cost, debris removal,
collapse, water leakage and damage of any land and of any nature whatsoever and such other risk
or risks of a similar or dissimilar nature and such other coverages as are now, or may in the future
be, customarily covered with respect to buildings and improvements similar in canstruction,
general location, use, occupancy and design to the Mmimum Imp�ovements. Any policy of
inswance provided pursuant to this section shall have a deductible amount of not more than
and 00l100 Dollars ($ ). No policy of insurance shall be
written such that #he proceeds thereof will produce less than the minimum coverage required by
this pazagraph, by reason of co-insurance provisions or otherwise, without the prior consent
thereto in writing by the City, with speci5c reference to this provision. The term "insurable value"
shall mean the actual replace�nent cose of �he Muumum Improvements (excluding the foundatian
and excavation costs and casts of underground flues, pipes, drains and other uninsurabie items),
and equipment. Any net proceeds of insurance resulting from a casualty to the Minimum
Improvemeats shall be made payable directly to the Developer and/or its mortgagee with respect
to ' any loss or casualty causing loss or damage in an amount less than or equal to
and OQ/100 Dotlars ($ ). All net proceeds from
any claim or casualty with a total dollaz amount in excess �f $ shall be made
payable jointly to the Developer, its mortgagee and the City.
SECTION 5.3. Other Terms. All insurance requued pursuant to this Article V shall be
taken out and maintained with insurance companies reasonabiy acceptable to the City and
authorized under ihe laws of the State to assume the risks covered thereby. The Developer will
deliver annually to the City policies evidencing atl such insurance, or a certificate or certi5cates or
binders of the respective inswers stating that such insurance is in full force and effect. Usiless
otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not
cancel or modify it without giving written notice to the Developer and the City at least sixty (60)
days before the canceltation or modification becomes effective. Not less than thirty {30) days
prior to the expiration of any policy, the Developer shall furnish the City evidence reasonably
satisEactory to the Cicy that the policy has been renewed or replaced by another policy confornung
to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In
lieu of separate policies, the Developes may maintain a single policy, blanket, or umbrella policies,
or a combination thereof, having the coverage required hereisi, in which eveni the Developer shall
deposit with the City one or more certificates of the respective insurers as to #he amount of
coverage in force with respect to the Minimum Improvements.
(a) The Developer agrees to norify the City immediately in the case of damage or
desttuction to the Minimum improvements with a dollar value exceeding
S .�n the event that the dallar amount of any damage, cost or loss
pursuant to any casualty does not exceed $ , the Developer will
forthwith repaic, reconsittict and restore the 1�finimum Improvements to substantiatly the
same (or an improved) condition or value as eacisted prior to the event causing such damage
-11-
FROM �INTHAOP & WEiNSTINE {FRI) 6.13`97 14:231ST.��;131N0.4260b�b871 P 18
and, to the excent necessary to ac�omplish such repair, net proceeds of insurance relating to
s�sch casualty shatl be aQplied to the payment or reirnbursement af the cost thereof_
(b) � In the event the Minimum Improvements or any portion thereof are damag�rl or
destroyed by fire or other casualty and the dollar value of such damage ar desWction is
estimated io ea�ceed $ , then the Developer, within one hundred
twenty� (IZO) days after such damage or destructior� shall proceed fvrthwith to repair,
reconstruct and restQre the 1bFinimum Improvements ta substantially the same con�ition or
utility value as e:xisied prior to such casuatty and, to the extent necessary to accomplish
such regair, reconstructian and restflration, the Developer, its mangagee (if any} and the
City shall appiy the net proceeds af insurance relative ta such casualty to the paymeni or
reimbursement of the casts thereof. Any net graceeds of i�surance remaini�g at%er
restoration of the Minimum Improvements in acc�rdance with this paragaph shall be
payable to the Dev��oper.
(c) Any net proceeds of insur�ce to be re2eased to the Devetoper in accordance with
the terms af#his Article V shall be rele�sed upon the receipt by the City of (a} a certificate
of the Develaper specifying ihe �penditures to be incurred in coiiriection with the
restoration .of the Minirnum Impravements, and that net proceeds af insurance, together
with any ather funds made avaitable by the Deveioper, will be sufficient to complete such
repa'v, reccinstniction and restoratior� and (b) if net proceeds of insw�,nce are in an amount
g�eaiet than �� , wrrtien approval of the above-referenced
cecti£cation' by an en,gineer, the independence and quali�cations of which shall be
acceptable to the City irt its reasQna6le discretion.
(d} � Notwit�standing any provision hereo£ the Deveioper shalI be uncondirionalty
obligal[ed to complete the repai,r, reconstruction and restoration of the M�nimum
Impmvements, regardtess of wheiher net prt>ceeds of insurance received by the Deveioper
for such purposes are sufficient.
SECITON 5.4. Condemnation. In the event that the Minimum Irnprqvements or any
materia� portion thereof s��a21 sui%r a iransfer pursuan€ to any caademnation or emirzent domain
proceeding by ar�y govemmental body or other persarr, the Develc�per shall, within thirty (30j days
af�er receiving notice of sucit prc�ceeding, �atify the City in writing. Any net proceeds of snch
condernnation shall be appIied to reconstruct the Mlniumum Improvements within the Tax
Incrernent District.
SECTI4N 5.5. 5ubnrdinatian. Ti� rights of the City with respect to thc receipt arrd
application of proceeds of insr�ranr�e or condemnatian pursuant to this Article V shall be subject ta
aad subardinate to the rights af any holder of any martgage with respect ta the Develaprnent
Property or of the M'.tani.mum Improvements in the evertt, and anly to the e�ttent, that such
praceeds ar� apg2ied ta rebuild, rcconstruct, or construct the I�S'inimum Imptovements within the
Tax Iacrement District.
-12-
FROM WINTHROP & WEINSTINE (FRI1 6. 13' 97 14:23/ST. 14:13/N0. 4260606871 P 19
� SECTION 6.
PROHIBITIOlYS AGAINST ASSiGNMENT AND TRANSFER
SECTION 6.1. Identity of Dev�looer. The Developer recognizes that, in view of (a) the
importance of the development of the Development Property to the general welfare of the City
and (b} the substantial5nancing and other public aids that have been made available by the City
for the purpose of making such development possible, the qualifications and identity of the
Developer and the Lessee are of particular concern to the community and the City. The
Developer fucther recognizes that it is because of such quaiifications and identity that the City is
entering into the Agreement with the Developer, and, in so doing, is further willing to accept and
rely on the obligations of the Developer for the faithful performance of all undertakings and
covenants her�eby by the Developer to be performed.
SECTION 6.2. Conseauences of Trsnsfer. For the reasons stated in Section b, l(Identity
of Devetoper) hereof, the Developer represents and agees that:
(a) No Transfers. Except for Permitted ?ransfers, or by way of security for, and only
for, the purpase of obtaining financing to assist or enable the DeveloQer to perfonn its
obligations with respect to conswcting the M�nimum Improvements under the A�reement,
and any other purpose authorized by the Agreement, the Developer has not made or
created, and will not make or create or suffer to be made or created, any Transfer of the
Development Property or any part thereof or any interest therein, or any contract or
agreement to do any of the same, for a period of eight (8} years after the date of issuance of
the Certificate of Completion.
(b} Conseguences of Transfer. In the event of any Transfer of the Development
Propecty or the M'inimum Improvements within the eight (8) year period ai�er the date of
issuance of the Certificate of Completion by the City, Developer shall refund and return to
the City a prorated portion of all assistance provided pttrsuant to this Agrcement, with
interest ai the rate of eight percent (8%) per annum, or svch lesser rate as permitted by law,
based on a fraction of the denominator which is eight (8) and the numerator of which is the
number of caiendar years pIus any partial year remaining from the date of the subject
Transfer through a date eight (8) years from the issuance of the Certificate of Completion.
For example, assuming that the Certificate of Completion is is.cued on January 1, 1998 and
further assuming that a Transfer occurs on May 1, 2003, the Developer would refund to the
City four-eighths (4/8} of the assistance, plus interest as set forth above {based on the full
remaining years 2004 through 2006 and the partial year in 2043. No Transfer of the
Development Property shall operate, legally or practically, to deprive or Iimit the City of or
with respect to any rights or remedies or controls provided in or resulting from the
Agreement weth respeet to the Development Property and the constructifln of the Itifinimum
Improvements that ihe City wouid have had, had there been no such transfer or change. No
Transfer shall be deemed to relieve the Developer, the Lessee, or any other party bound in
any way by the Agreement or otherwise with respect ta the construction of the Minimum
Improvements, from any of their respective obligations with respect theretv or from any of
their other obligations under this Agreement.
-13-
FROM WINTHAOP & WEINSTINE
(FAI) 6. 13' 97 14:24/ST, 14:13/N0. 4260606871 P 20
(c) No Restriction on Safe. Nothing in this Section shall constitute a restraint on
alienation or prohibition with respect to the conveyance of the Development Property.
SECTION 6.3. Effet_of ,Financ�ng. Nothing herein shall prohibit or prevent the
Developer firom encumbeting the Development Property in order to obtain suitable, bona fide
financing for the development, consuvctior� expansion or restoration of the Development
Property or the Minimum Improvements.
SECTIQN b.4. Assignment. This Agreement and the rights, duties and obligations of the
DeveIoper hereundes shall not be assigned, conveyed, or transferred, and any purported transfer in
violation of this provision shall be null, void, and of na effect.
SECTION 7.
EVENTS OF DEFAULT: REMEDIES
SECTION 7.1. Event of Default. The term "Event of Default" shall mean, whenever it is
used in this Agreement, the occurrence and continuation of any one or more of the following
events for ten (10) days after written notice is provided by City to DeveIoper at the address listed
in Section 8.6(b) hereof (unless the contea-t otherwise provides):
(a) F�ilure of TimelY Completion. Failure by the Developer to substantially complete
the Minimum Improvements from or before the date specified in Section 4.3 (Completian of
Construction) in conformance with the terms, conditions, a.�id limitations of this Agreement;
(b) Breach of Develouer Qbligations. Failure by the Develeper or Lessee to obse:ve
or perform any covena.nt, condition, obligation, or agreement on their part to be obseived
or performed under this Agreement and the construction of such failure for thirty (30) days
ai�er written notice thereof from the City; or
(c} Bankruptcv of D�ve3oper. A petition o� or claim for relief in, banlwptcy or
insolvency is 51ed pursuant to any cunenl or future bankruptcy �r in�olvency laws naming
the Developer, Lessee (or any of them} as debtor, and such petition is not dismissed within
ninety (90} days of the date of filing thereof.
SECTION 7.2. Itemedies on Defiult. Whenever any Event of Default occurs, in addition
to all other �remedies avaiiable to the City at law or in equity or elsewhere in this Agreement, the
City may take any one or more of the foUowing actions:
(a) Certificate of Completion. The City may withhold the Certificate of Completion
and a certificate of occupancy for the I1+finimum Improvements.
(b) Suspension of Performance. The City may svspend its performance under this
Agre�ment until it receives adequate assurances from Developer and Lessee that Developer
or Lessee will cure the Event of DefauIt and thereafter remain in compliance with their
respective obligatians under this Agreement and alI related or collateral agreements with the
City.
-14-
FROM WINTHBOP & WEINSTINE (FRI1 6,13'97 14:24/ST.14:13/N0,4260606871 P 21
(c} Terminatian of A�reement. The City may terminate this Agreement, cease any
and all performance under this Agreement, and pursue all available remedies.
{d) ' Other R�medies. The City may initiate an action seeking damages, specific
perfarmance, or any other relief available at law or in equity.
SECTION 7.3. No R�medv Eaclusive. No remedy herein conferred upon or reserved to
the parties is intended to be exclusive of any other available remedy or remedies, but each and
every such r+emedy shall be cumulative and shall be in addition ta every other remedy given under
this Ag,reement, whether now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereaf, but any such right and power may be
exercised from time to time and as often as may be deemed expedient, in order ta entitle the
parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other
than such notice as may be required by this Secrion �.
SECfiION �.4. No Addition�l Waiver Lnplied bv One Waiver. In the event any
agreement contained in this Agreement shoutd be breached by either party and thereafter waived
by the other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or snbsequent breach hereunder.
SECTION 8.
ADDITIONAL PROVI5IONS
SECTI4N 8.1. C'�nfl'sct of Interest�: Citv Re�resentatives Not Individuallv Liable. No
member, o�icial, or employee of the City shall have any personal interest, direct or indirect, in the
Agreement, nor shall any such member, official, or employee participate in any decision relating to
the Agre�rnent which affects his personal interests or the interests of any corporation, partnership,
association or other entity iri which he is, directly or indirectly, interested. Na member, official,
agent, or emplayee of the City shall be personally liable to the Developer, or any successor in
interas� in the event of any detault or breach by the City or for any amount which may become
due to the DeveIoper, or any successor or as�igr► or on any obligations under the terms of the
Agreemer�t.
SECTION 8.2. Nou-Discrimination. The Developer shall not discriminate upon the basis
of iace, color, cr�eed, sex, affectational preference, age, religion or national origin in the sale,
iease, or rental or in the use or occupancy of the Development Property or the Minimum
Improvements erected or to be erected thereon, or any part thereof. The provisions of Minnesota
Statutes Section 181.59, which relate to civil rights and non-discrimination, are hereby adopted
and incorporated as part of this Agreemeat as if fully set forth herein.
SECTION 8.3. Eaual Em�lovment Onportunitv. Developer agrees, for itself and its
assigns, that during construction of the Iviinimum Improvements:
(a) Employees. Developer will not discriminate against any employee or applicant for
employment because of race, color, creed, religior� anc�stry, gender, affectationa.l
-15-
FAOM WINTHA4P & WEINSTINE (FRI) 6. 13' 97 14:25/ST. 14;13/N0, 42646Q6871 P 22
preference, disability, age, marital status, status with regard to public assistance, or national
origin (each such status is referred to hereinaRer as a"Protected Class"). Deve]oper will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to membership in any Protected Class.
Developer shall further abide by all other applicable federal, state and loca� laws regarding
equal employment opportunity.
(b) Advertisin�. Developer wiil, in all solicitations or advertisements for employees
placed by or on behalf of Developer, state that all qualified apglicants will receive
consideraxion for employment without regard to membership in any Protected Class.
{c) Contracts. Developer will include the provisions of this Section 8.3 in every
contract, subcontract and purchase order, so that such provisions will be binding upon each
such contractor, subcontractor, or vendor, as the case may be. Developer will take such
action with respect to any contract, subcor�tract or purchase order as the City may direct or
advise as a means of enforcing such provisions, including sanctions for non-compliance.
SECTION 8.4. Provisions Not MerQed With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring any interest in
the Development Property and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
SECTION 8.5. Titles of Sections. Any titles, headings, or captions of the several parts
and sections of the Agreement are inserted for con�enience of reference orily and shall be
disregarded in constnung or interpreting any of its provisions. '
SECTION 8.6. Notices and Demands. Except as otherwise expressty provided ir� this
Agreeme�nt, a notice, demand, or other communication under the Agreement by any party to any
other pariy shAil be sufficiently given or deIivered if it ic dispatched by registered nr certified mail,
postage prepaid, return receipt requested, or delivered personally; and
{a) Develoner. In the case of Developer, is addressed to or delivered personally to
Developer at:
APT Mendota Heights, Inc.
do AMB Institutional Rcalty Investors
505 Montgomery Street, Sixth Floor
San Francisco, California 94111
-1 �-
FAOM WiNTHAaP & WEINSTINE (FRII 6. i3' 97 14:26/ST, 14;13/Na, 426060687i P 23
(b) it . In the case ofthe City, is addressed to or delivered personally to the City at:
City of Mendota Heights
Victoria Gtirve
Mendota Heights, Minnesota 551 I8
Atm: City Administrator
or at such other address as either party may, from time to time designate in writing and forward to
the other party.
SECTION 8.7. Indemnificatian.
(a} Developer agrees, that anything to the contrary herein notwithstanding, the City and
its agents, officers, Council members, or employees shall not be liable or respansible in any
maruier to the Developer, the Developer's contractors, suppliers, vendors, material mer�
laborers, lienors, mortgagees, or to any other person or persons whomsoever, for any claim,
demand, damages, costs, actions or cause of action of any kind or character arising out of
or by reason of the execution of this Agreement, the transactions contemplated hereby, the
acquisition, constructior� installation, ownership and operation of the Project, the Minimt�m
Improvements and/or the Development Property.
{b) T'he Develaper shall indemnify and save the Ciry (and all persons acting on its behalf
as set forth above) harmless from any and all claims, demands, damages, actions or c;auses
of action or the cost of disbursements, and the expenses of defending the same, specifically
including, without intending to limit the categories of such costs, costs and expenses for
City adtninistrative time and labor, cost of engineering and planrting services, and cost of all
legal services rendered, and other direct out-of-pocket expenses incurred, in connection
with defending such claims as may be brought against the City for acts or omissions directly
or ind'vectly related to, occuning at or about, or resulting or arising from the Construction
of the M'inimum Improvements andlor the Development Property, unless such claims or
darnages are caused solely by the gross neg,ligence or witlful misconduct af the City, its
agents, officers, or employees.
(c} The Developer shall reimburse the City for any and all costs and expenses, including
without limitation, attorneys' fees, paid or incurced by the City in connection with or
relating to enforcing performance of (or seeking damages for Develope�s failure to
perform) any covenaat or obligation of Developer under this Agreement. The City shall nvt
be entitled to reimbursement of such attorneys' fees and litigation costs if and to the extent
that Lhe City shall not have been the prevailing party by being awarded any material portion
of the reIief sought in respect of any claim brought in such litigation.
(d) The indemnification obligation of Develoger herein shall include, without limitatior�
any liability, damages, claims or costs incutTed or asserted against the City relating to the
alleged presence or release of hazardous or toxic substances on, under or about the
Development Properry.
-17-
FAaM WINTHRaP & WEINSTINE (FRI) 6.13`97 i4:26/ST,l4:i3/Na.42606a687i P 24
(e) The Developer shall reimburse, indemnify, save and hold harniless the City from and
against any cost or liability incurred by the Ciry pursuant to Minnesota Statutes Section
469.1771, svbd. 3, as a reseilt of the assistance provided to the Developer pursuant to this
Agrerment.
(� Developer shall further save, indemnify and hold harmless the City &om and against
all costs, dasnages, liabilities or expenditures incurred by the City in the event that local
governmeat aid, homestead and agricultural credit aid or other aids or payments to the Ciry
from the State of Minnesota are reduced under Nfinnesota Statutes, Section 2�3.1399 or
other law.
SECTION 8.$. Covenants of PrinciDal. All covenants, stipulations, promises, agreements
and obligarions of the City contained herein shall be deemed to be the covenants, stipulations,
promises, agreements and obligations of the City and not of any Council member, o�cer, agent,
servant, employee, independent contractor, consultant and/or legal counsel of the City.
SECTION 8.9. Governin� Law. The parties agree that this Agreement shall be governed
and construed in accordance with the laws of the State of Ni'innesota and acknawledge that this
Agreement is the rype of agreement described in Minnesota Statates, Section 469.176, subd. S.
SECTION 8.10. Tis�� is of the Essence. Time shall be of the essence of this Agreement.
SECTION 8.11. Countervarts. This Agreement is executed in any number of
counterparts, each of which shall be sn original, but all of which shall constitute one and the same
instrument.
SECTION 8.1Z. Interpret�tion and Severabilirv, If any one or more of the provisions,
sentencas, phrases or words of this Agreement or any application thereof shall be held or
determined � to be invalid, illegal, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions, sentences, phrases or words of this Agreement and any
other application thereof shali in no way be affected or impaired and shall remain in full force and
effect.
SECTION 8.13. Successors and Assigns. This Agreement is binding on and inures to the
benefit of the successors and assigns of the Qarties hereto, including without Iimitation the �1B
Trust; provided, however, that this Agrctment may not be assigned by any of the parties hereto
eacept as specifica.ily provided herein. Any successor shall absolutely and unconditionally assume
ail of the rights, duties and obiigations of their assignee hereunder.
SECTION 8.14. MadificatioulEntire A�reement. This Agreernent may not be altered,
modified or amended except by an instntment in writing signed by all of the parties hereto. No
perso� whet�er or not an officer, agent, emplayee or representative of any party, has made ar has
any authoriry to make for or on behalf of that party any agreement, representatior� warranty,
statement, promise, artangement or understanding not expressly set forth in this Agreement or in
any. other document executed by the parties concurrently herewith ("Parol Agreements") . This
Agreement and all other documents executed by the parties concurrently herewith constitute the
-18-
�A4M i�INTH�OP & WEINS�"INE �FkI� 6. 13` 9`i 14:2�/ST. �4:131N0. 426�b068']1 P 25
entire agreement betwe�n the parties and supersede ail express or implied, prior or concurrent,
Psml Agr��nts and priar written agreements with respect to the subject mattsr hereof. ?he
parties acknowledge that in er�tering into this Agreement, they have not relied ar�d wi11 not in any
way rely upan any Farol Agreemez�ts.
SECTIQN 8.15. Survival. The obligations of the parties hereto shalt survive for a period
of teti (10} yeai-s after the later of (i) the date of issuanc� of the Certificate af Comgletion, or {ii}
the date� of temwiation of this Agresment by either party hereto.
Il�I WiTNESS WHEREOF, the City has caused this Agreement to be duly �ecuted in its name
and behelf aGnd its seat to be hereunto duly af�txcd and thc Developer assd Lessee have caused thzs
Agreemeni to be duly eacecuted on ar as of the day and year first above written.
CIT'Y:
THE CITY O�' MENDOTA I�EIG�TS
Attest By
Its City C1crk Its Mayor
s��: si�sat
-19-
DEVELOPER:
APT MENDOTA I�EIGHTS, Il'�! C.
a MinnesOta corporation
By
Iu
FROM WINTHAOP & WEINSTINE
EXFi�IT A
E7�IIBIT B
(FRI) 6, l3' 97 i4:27/sT, i4:i3/Na. 426060687i P 26
SCI�DU7.E OF EX�IIBI?S
Legal Description of Development PropeRy
Site Improvements
FAOM WINTHROP & WEINSTINE (F8I1 6,13'97 14;27/ST,14;13/N0.4260606871 P 27
EXHIBIT A
(Legal Description)
FAOM WINTHAOP & WEINSTINE (FAI1 6.13�97 14:27/ST.14;13/N4,4260606871 P 28
EXHIBIT B
STTE IMPROVEMENTS
F�4M WINTHROP & WEINSTINE (FAIi 6.13'97 14.27/ST.14:13/N0.4264606871 P 24
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CITY OF MENDOTA HEIGHTS
MEMO
June 11, 1997
TO: Mayor, City Council, and City Administrator •
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Gould National Battery
Emergency Generator Building Addition
Discussion
Please see the attached Building Pernut request from Genesis Architecture on behalf of
Gould National Battery. GNB intends to add an enclosure to their existing building to
house an emergency pawer generator which will be used by MnDOT.
Please see the following attached items of public record pertaining to this application:
1. Letter of Intent from Lynn D. Sloat dated June 5, 1997
2. A1: Generator Building dated 5/27/97 and provided by Genesis Architecture
Mr. Sloat will attend the June 17, 1997 meeting of the City Council to present his
proposal and to answer any questions.
Action Required
Discuss the proposed building addition with Mr. Sloat. If the Council approves of GNB's
plans for an emergency generator enclosure, the Council should authorize Staff to issue a
building permit, placing any conditions upon the proposal the Council deems necessary.
ARCHITECTURE
A fl C H i T E C T S • D E S I G N E fl S • P L A N N E fl S
June 5, 1997
Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Hgts, MN 55118
Re: Emergency Genera7 Enclosure
MN/DOT - GNB Building
Dear Commission:
As the architect for the above-mentioned project, it is our intention to provide a weatherproof
structure to enclose MN/DOT's emergency generator. This enclosure will be located south of
the existing building and will be attached to the existing garage structure, as indicated.
The enclosure will be 8'-0° x 9'-0° x 8'-6"H (max) and be anchored to a concrete slab. The
exterior siding will be a white aluminum lap siding with standard fiberglass shingles on the roof.
The generator must be kept out of the weather, thus requiring this enclosure The MN/DOT
facility contains a°weather room" that gets feeds from across the country and must have an
uninterrupted power supply. The emergency generator provides this back-up.
The impact to the site and any sight lines is negligible, as this new structure is being placed
behind two existing metal shed buildings.
Lynn D. loat, AIA
Vice P sident
esis Architecture
LDS/jlf
8200 Normandale Boulevard • Suite 200 • Minneapolis • Minnesota • 55437-1060 • 612-897-7874 • Fax 612-897-7704
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LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COIINCIL
June 17, 1997
Excavating Cantractor License
Belair Excavating
Ritzer Excavating Inc
Gas Piping Contractor License
Associated Mechanical Contr., Inc.
HVAC Contractor License
Associated Mechanical Contr., Inc.
Dakota Plumbirig & Heating, Inc.
General Contractor License
J. Eiden Construction, Inc.
Gary's Fence Co.
Northland Concrete & Masonry Co.
Landsca�e/Tree Service Cantracto�
Lawrence Tree Removal
�rywall Contractor License
Friedges Drywall, Inc.
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; June 17, 1997
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Mendata Heights Rubbish
, Nelson Radio
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PEIP
Uiiecsual C=aims
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lb470 5.26 Jeff Betzers saies tax
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��
CITY OF MENDOTA HEIGHTS
MEMO ;
�
1
June 17, 1997
�
To: Mayor and City Council
From: Kevin Batchelder, Interim City Administrator
Subject: Resignation of Recreation Programmer
DISCUSSION
Attached is a letter of resignation from Chris Esser, Recreation Prograznmer. Chris has
accepted a position as Recreation Supervisor with the City of Prior Lake beginning July 1,
1997. Chris' last day of employment with Mendota Heights will be June 29, 1995.
�
;
Chris has served Mendota Heights since February, 1996 as our Recreation
Programmer. Under his tutelage many improvements and enhancements have been made to
our roster of programs and the recreation activities have been enjoyed by a growing number of
Mendota Heights residents. We wish Chris well in his new position.
�
Due to the on-going softball season and all the other Sumri er programming that is
cunently in place, it is imperative that this position be filled as soon as possible. Chris is
working with city staff to tie up loose ends and his responsibilities will be farmed out amongst
various staff inembers until his replacement can take over.
RECOMIVIENDATION
Accept Chris Esser's resignation and authorize staff to begin the recruitment process to
fill the vacancy in the Recreation Programmer position. �
ACTION REOUIRED �
;
If the Council desires to implement the recommendation, they should pass a motion
accepting Chris Esser's resignation and authorize staff to begin advertising and recruiting for
the position. i
i4�
June 13, 1997
Kevin Batchelder
City Administrator
1101 Victoria Curve
Mendota. Heights, NIN 55118
1 City o�
�
1Viendota HeightS
;
,
Dear Kevin, � #
;
�T'h.p n:�_�r��:.:'.. •,��:k;.c'_.P:t?r ic t� irfnrny ��n rifrr_.� .=�ci,�.�-r���ir_.x+ �, T?P_rP�4:nn Urn�a_,r+,�nPr. T 1:��'�
recently acc�pted a position with the City of Prior Lake as Recreation Supervisor . My last day
will be Friday, June 29. �
It has been a wonderful opportunity to serve the City of Mendota Heights. The City staff P3rk .
Commission, and residents embraced me right from the start and have always been helpfi� and ��
supportive in my efforts. I will especially miss th� many friends I have made botri at CiTy Ha11
and throughout the community. I would like to thank you and all of them for the support in the
belief that pazks, arxd especially, recreation has a valuable place in this communitry. � T- do not gc.-.. _.
away bitter knowing that one day (hopefully) the short-sighted will also realize the henefits of
recreation enough to make the right decision by investing in it and their community.
, (
Please let me know what pr�parations have to be made before I leave9
�
Respectfully, ;
,
I
�r--- �
i
c �
Christopher J. Esser '
1101 Victoria Curve • Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940
i
I
�
CITY OF MENDOTA AEIGHTS
�� �
June 13,
To: Mayor and City Council
From: Kevin Batchelder, City Admini t�
Subject: Beer License for Fire Relief Association
DISCUSSION
!1997
;
At the City Council meeting of October 15, 1996, the Cou'ncil discussed the Fire
Relief Association's request for a beer license during the celebration of the Fire Department's
50 Year Anniversary. This event is scheduled for August 16, 1997. At that meeting the
Council agreed to consider the beer license request at a future date' when more was known
about the specifics of the event. The Council established the following guidelines:
f
1. The City Council agreed to fund up to $5,000 from the City Council contingency fund
for the costs associated with public events that will be held�on August 16, 1997. City
funding is to be only for events and activities that are open to the general public that all
,
residents have an opportunity to participate in. �
2. The City's annual park celebration may be held in conjunction with the anniversary
celebration. Chris Esser, Recreation Programmer, has been working with the
celebration's steering committee over the last several months toward this end.
�
1
3. The beer license would be considered by City Council at a future meeting closer to the
time of the anniversary event. The celebration committee would have to propose some
guideli.nes for limiting the hours in which beer would be served and how the sales of
beer would be regulated to insure compliance with all state laws.
,
4. The beer license would be considered only in the name of the Fire Relief Association.
The Fire Relief Association would be required to purchase' adequate dram shop
insurance coverage with the Relief Assaciation being the insured party and the City of
,
Mendota Heights named as additional insured. The amount of insurance coverage
necessary would be a minimum of $640,040 consistent with liability limits of
municipalities. I
5. The City Council would consider waiving the City's license fee.
6. Any approval of a beer license to the Fire Relief Association would be considered a one
time event in recognition of the Fire Department's SOth Anniversary and the City's
park celebration. Approval of this beer license is not intended to set a precedent for
any other requests for beer licenses.
The celebration steering committee and the Fire Relief Association have submitted a
letter of request for the beer license. This letter explains the nature of the request, the
proposed hours of beer sales and the manner in which the licensee will control sales of beer.
Details have been provided that discuss who will be selling the beer, what the procedures of
sales will be, the location where the sales will accur and how consumption will be controlled.
(Please see attached letter of request. )
The letter also requests that the Council consider waiving the license fee. A program
of the day's events is also attached.
As of the tune this memo was written, we are awaiting a fax from the Fire Relief
Association's insurance vendor providing a copy of their certificate of insurance in the amount
of $500,000. The City is named as an additional insured. The steering committee has
informed me that their insurance company will only provide insurance in increments of
$250,000, therefore, they were unable to purchase insurance in the amount of $600,000, as
requested by City Council. State statutes limit a City's level of liability to $600,000. The
Fire Relief Assaciation purchased this insurance for $500, an amount that is not refundable.
ACTION REOUIRED
Meet with representatives of the Steering Committee and discuss their request for a
One-Day, 3.2 On-Sale Beer License. If the Council so desires, they should pass a motion
authorizing the City Clerk to issue a One-Day, 3.2 On-Sale Beer License to the Fire Relief
Association for August 16, 1997 and waiving the fee for this license.
:;
�.������ �t���� �tx.Q �������Q��
VOLUNTEER FIRE AND RESCUE SERVICE TO THE COMMUNITY SINCE 1947
LILYDALE - MENDOTA �- MENDOTA HEIGHTS - SUNFISH LAKE
June 10, 1997
The Honorable Charles E. Mertensotto
Mayor of Mendota Heights
1 101 Victoria Curve
Mendota Heights, MN 55118
Dear Mayor Mertensotto:
Jo�r P. Ma,czxo
FIRE CHIEF
i
As the Mayor and City Council are aware, members of the Fire Department and the
Fire Auxiliary have been meeting for over a year to plan for the Department's 50th
Anniversary Celebration. :
t
The 50th Anniversary celebration will take place, in conjunction with the Celebrate
Mendota Heights Parks! Day on Saturday, August 16, 1997. There have besn
several committees established to plan for various activities to be he{d on that day.
The purpose of this letter is to summarize the activities planned ior that day and to
also request approval for a temporary, on-sale, 3.2 Malt Beverage License.
I
The 50 Year Committee has been working very hard, along with the City's
Recreation Programmer Chris Esser, in planning a day for the community to enjoy.
Many activities have been planned which include a softball tournament, apparatus
display, history open house, family activities, parade, band and fireworks. Please
see the attached flyer. ;
�
The Mendota Heights Fire Re(ief Association is requesting,that the City Council
authorize the issuance of a one-day, 3.2 On-Sale Beer License. The request is to
sell beer on Saturday, August 16, 1997 between the hours of 1 1:00 a.m and
9:30 p.m. The beer will be sold from a beer tent concession stand next to the
Mendakota Park concession stand and members of the Fire Department will be
selling the beer. The members of the Fire Department will ask for driver licenses to
verify legal drinking age. It is the intent to control the consumption of alcohol by
�
2121 DODD ROAD� MENDOTA HEIGHTS� MINNESOTA SSIZO • PxorrE (612) 454-3266
�
The Honorable Charies E. Mertensotto
June 10, 1997
Page 2
selling two beers/per individual/per time. The consumption of beer will be
monitored and individuals will be asked to leave the premises should there be a
problem. The sale of beer will help fund the 50th anniversary celebration.
As directed by the City Council on October 15, 1997, the Mendota Heights Fire
Relief Association has obtained dram shop coverage with the Relief Association
being the insured and the City being named "additional" insured. The liability
insurance policy is in the amount of $500,000. As done with past requests from
other entities, we respectfully request that the license fee be waived.
We respectfully request that the City Council look favorably upon our request for a
One Day, 3.2 On-Sale Malt Beverage License.
Respectfully submitted,
MENDOTA HEIGHTS FIRE DEPART
FIFTY YEAR ANNIVERSARY COMMITTEE
• C��j�s��/�'
Carol�i�Dreelai
Chair
Attachment
. ��
K n Weisenburger
Co-Chair
.F
:}
i
Mendota Heights Volunteer Fire Department
50th Anniversar Celebration
v ,
194�
1997
The Mendoia Heights Fire Department has provided volunteer fire and rescue service to
the communiiy for 50 years. Join us to celebrate this special occasion.
�
Bring Your Family and Friends!
Softball Tournament
Start 9:00 AM
August � 6, �i 997
�
;
Parade f
�
Start 10:00 AM ,
Concessions History Open House
All day 12:00 N- 5:00 PM
Family Aciivities
11:00 AM - 5:00 PM
Apparatus Display Band Fireworks
12:00 N- 3:00 6:00 - 10_00 PM j 10:00 PM
�
;
For information: Carolyn Dreelan.....454-7621 Bret Blaeser.....688-6522 ,Ken Weisenburger.....452-8078
1
Mendota Heights Fire Department • 2121 Dodd Road • Mendota Heights, Minnesota 55120
S
�•� , A..� i�.� t 14 • �fG
fi�RM BUREJrU MUTUaL iNSURANCE COMAaM'
F.WM BURFiIU LJxF. INSUFiANCE COMPNW
FARM BUREAU MU7lJAL F'ClNO$
FAE INWR.aNCE 6ROXERqGE;1NC,
429 Thtrd S�rser. Parmingtan, Mi�nesora 5502a
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Ca�er Agents
June 1.3 , 19 9 7
FRRM $UREAU 612 463 3�44 P.03
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Farrrt �eur�►av
f1NANC/AL SFRVICES
TO: Virginia Lockey' FLMI CPCU
FROM: Timothy Milan
RE: Mendota Heights Volun�eer
Sa��ball Tou.rnament Liquor
Virginia:
Firemens Relief A�sociation
Liabi3ity Coverage
Per my instruct�.on fram our la�t conversation of May 28,
1997 a�tached is a signed application for liquor �.iability
coverage for the Relie£ �ssociat�on Softball Taurnament to
be he1c3 August 16, 1997. Limits are requested are 500,000
CSL zull term check of $500.00 i� attached, caverage is
neaded for August 16, 1997 only, also we need to list as
additionai insured City af Mendota Heights, Minnesota; 1101
Victaria Cur�re; Menda�a H�ights, MN 5511.8. Please send the
cer�.ificate to the at�ention of Kim Blaeser at the same
address.
�ur sincere appreciation foz all your help.
2'imothy Milan
#7455
�T' �UN-13-1997 14�42 FARM BUREAU
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APPLItAT10K FOR COYERA6E
be bound if the correct premfum payment,
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t the abova by the Administrator.
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cancetlatfon. Faise or misieading answers tc the tollo�ring qnestio�s �
cortstftute grass misreprese�tation and v�oi.�,d coverage.
A'iass' dass r�ct i�clude =not�'ce af ctaim' uniess, fo�lax�ng recaip
ttot�te� your t�aurer established a reserve as� made a payment in sett�e
� af the claim. '
A'vfotatioa' inciudes any cor�victior� on a charge brovght a�itnst
l4pplicant at ar�y employee nr ager�t of the Appli�ant arisfng aat o1
iil:gal sate c# liquar. .
Cn�,ver,�e Irifo��ra�tion:
Liquar Liab� t ity �av�rage Cur�ently I.n Effect? �,Yts ,_,�,_t�a
Pr�riaus tl�ree (3� rears o� 'insurance coverage prior ta eff�ctive dat+
toverage desir�d: . � '
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Appiicant �grees ta pe,rmit contract adainistrat�or �a au�dfit �ppltea
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MENDOTA HEIGHTS VOLUNTEER 15 0 4
FIREMENS RELIEF ASSOCIATION
(iENERAI FUND
2121 q000 ROAD 15�1519/BBo
I MEND07A HEIQHTS, MN 55121 /� // 1�� �
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PAY ,,(
I'' ORDEfl OF �/� �� G(/,�� / P�S I��� DO. (I!% ��:
�� �= ve u � `'o � � DOLWRS : �, ��
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750 30Uf H PU17A DRIYE
I BAIYK AIENUOiAHElOM6.���
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�►'00 L 504i�' �:0960 L 5 L9 3�: iC
— ---�- •—�-�---j-..•,�.,,��:��-� mn:rxmnnz-#�tiH=tfiitnSGTi'�f�3f_�
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11�Iendata ��eights �a�unteer Fire Departnr�ent
#
SUth Anniversary Ceiebratian {Fund-raiser
�
Limited edition, signed and numbered prints
by artist Jim Kiilen �
$75 � 14"x17" unframed
Check payabie ta: °Mendata Neigh#s Fire Relief Assaciatian° {$75 each print}
Mail order form to: Mendota Heights Fire Department, 2121 Dodd Road, Mendota Heights, MN 55120
� _
Enclosed is my check for $ to order (#) prints by Jim Kilien.
Name
ddress
hone
O I will pick up my print{s} at the 54th Anniversary event August }16, 1997
0 I will pick up my print(s) at another time (call me to make arrangements) �
O I have included $1 Q for shipping each print, piease send my print(s} to tl�e above address
. ' I
About the Print
The print is from a painting created by artist Jim
Killen to honor the Mendota Heights Fire Department's
SOth Anniversary. The circa 1947 scene beautifully
depicts the Mendota Heights volunteer fireiighters, and
their original fire truck, protecting their historic
communiry from a spring grass fire. The panora.mic
view i�ncludes the Sibley House, Fairbault Houae,
Church of St. Peter, and the Mendota Bridge. '
Use the coupon to order a print for your home or
office—they would also make nice gifts.
Proceeds will be used toward fire department
expenses not included in the city budget, such as costs
associated with the SOth anniversary event, purchase of
special fire and rescue ecjuipment, firefighter uniforms,
refurbishing the department's original iire truck.
About the Artist
Jim Killen was born and raised in small town
Minnesota. His artwork has earned national honors and
is in great demand. The quality and distinctive style of
Jim's paintings are reflected in his numerous honors and
awards. More than 15 states have selected Killen's art
for their duck stamp.
A dedicated conservationist and avid sportsman, Jim
Killen shows his commitment to wildlife and
conservation organizations through his remarkable gift
of painting. Now Jim is using his enormous talent to
support the Mendota Heights Volunteer Fre Department
in honor of their 50 years of community service.
Meet Jim at the Mendota Heights Fire Department's
SOth Anniversary Community Celebration Event on
August 16, 1997.
50th Anniversary Celebration
August 16,1997
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Softball Tournament
9:00 AM-8:00 PM • Mendakota Pazk
Parade •
10:00 AM-12:00 N • Huber-Decorah-Dodd
Family Activities
11:00 AM-5:00 PM • Mendakota Park
Food Concessions
9:00 AM-9:30 PM • Mendakota Park
Beer Concession
11:00 AM-9:30 PM • Mendakota Park
History Open House
12:00 N-5:00 PM • Fre Station
Fire Apparatus Display
12:00 N-3:00 PM • Mendota Piaza
Band
6:00 PM-10:00 PM • Mendakota Park
Fireworks • 10:00 PM
A history book will also be on sale.
For Event Information
Carolyn Dreelan ............. (612) 454-7621
Bret Blaeser ................... (612) 688-6522
Ken Weisenburger ......... (612) 452-8078
Mendota Heights Fire Department
2121 Dodd Road (between 110 & 494), Mendota Heights, MN 55120
Just across the river, south of the Twin Cities.
-----------------------------------------
Show your support by purchasing a beautiful
print of the painting Jim Killen created to honor
the Mendota Heights Fire Department's 50 years
of volunteer service to the community.
�
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CITY OF MENDOTA HEIGHTS ;
MEMO
June 11, 199?
TQ: Mayor, City Council, and City Aciministratar
FROM. Patrick C. Hallister, Administrative Assistant
SUBJECT: Visitati4n Schoal Building Permit
Discussian
Piease see the attached Building Permit request from Visitation Schaol. Visitation
intends ta undergo significant additions to their building and facilities this year, and have
decided to apply for these changes in stages. At this point, they are only asking for
permission for the follawing: ;
1. six new tennis courts on the nartheast part of the campus with fencing
2. an additionai 29 spaces in the existing pazking lot for a totai of 224 spaces
3. a reconfigwred east access drive for the parking lot j
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In the near future, Vzsitatian also intends to apply for the fallow'ing:
1. a wetlands permit for two additianal tennis caurts
2. a building permit for two new building additions which will be a relocated Early
Childhoad Center and a new Athletic FacilitylRehearsal Room
Mereiy for the �ouncil's infarmation, Visitation has inc3uded in�the drawings submitted
at this time outlines of the planned additions to their building. Visitation is not seeking
germission far these two additions at this time. Visitation School says that the purpase of
these changes is not to accommodate a lazger student enrollment, but merely to improve
facilities and services. � ,
Please see the following attached items of pubiic record pertaining to this appiication:
�
1. Letter of Intent from Rachard J. Llavern dated June 10, 1997:
2. Cl : Existing Plan dated 6/11197 and provided by The Ostberg Architects
3. C2: Concept Site Plan dated 6/11/97 an.d pravided by The Ostberg Architects
4. C2: Concept Grading Plan dated 6tl 1197 and pr4vided by The Ostberg Architects
5. C3: Concept Planting Plan dated 6/11/97 and provided by The Ostberg Architects
F
Mr. Ostberg will be in attendance at the June 17, 1997 City Council meeting to discuss
�" these plans and ta answer any questians the Council may have, �
Action Required
If the Council approves of Visitation's plans for the six new tennis courts and the changes
to the parking lot, the Council should authorize Staff to issue a building permit, placing
any conditions upon these changes the Council deems necessary.
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June I0, 1997
Mr. Patrick Holister
Administrative Assistant
City af Mendota Heights
1101 Victoria Curve
Mendota Heights, MN SS I 18
Re: Site Plan sub�nittal
The Convent af the Visitation Schaol
Dear Mr. Holister, ;
,
I
Please find enclosed twenty sets af the Site Plan submittal drawing's for the Visitation
School. These drawings inciude the site plan, grading plan and Iandscape plan for the
construction of six tennis caurts on the northeast section of the cainpus. The submittal
drawings aisa include revisions ta the e�sting schaal parking Iot. It is the intentian of the
school to apply nest month for a wetlands permit ta develop two additional tennis caurts
adjacent to the six shawn. T'his permit is required as a resuit of th i praximity of the two
additional tennis courts to the wetlands.
This work is the first phase of a project that will eventually include� the construction of a
new Early Childhood Center and Athletic FaciIitylRehearsal room� 'The relacatzon af the
existing Early Childhood bualding and tennis courts will provide the required area for the
construction of the new AthleticlRehearsai facility. These projects' will nat result in a net
increase in enrollment. The existing facility is being updated simply because of the
increased interest in athletics and drama, and a need ta have a peimanent building for the
Early Childhood program.
The changed parking lot will include 224 parking spaces, which is an increase of 29. We
are improving safety also by having the access drive go around the�outside of the main
garking area. The reconfigured parking lot provides a new site for{construction of the
Early Childhood Center. Hapefully, the construction of the Early Childhood Center will
begin in September, 1997. The anticipated start date for the Athletic/Rehearsal area is
April, I998. �
Convent of the Y'rsrtation School
2455 Visitation Ddve � t4endota Heights, MN 55I20-Ib96 �{�13} 6g3-1700 � Fax {612} 4>�-?1�i4
Thank you very much for your help to date and if you have any questions please call
our architect, Gary Ostberg at 647-9682 or me at 683-1701.
Sincerely,
�
Ri ard J. Davem
Director, Finance\Operations
cc: Greg Kopischke, Westwood Professional Services
Monica Dahms, McGough Construction Co, Inc.
Gary Ostberg, Ostberg Architects
mendhts
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� eI'I.'IT OF MENDOTA HEIGHTS
. M�IVI4 �
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June �2, 1997
To: Mayor and City Council �
z
From: Kevin Batchelder, City Ad ''stra r
James Danielson, Public Works Director �
,
Subject: Report an Freeway Road Study `
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I1�fTRODUCTIUN t
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The purpase of this memo is to areport to City Conncil about progress on the Freeway
Road study. In February, Council ordered City staff to invest�gate realignment options for
Freeway Raad, future t�afF'ic needs in the T.H. 1101Dadd Road area, land use aptions and
potential redevelopment tools/funds that the City could use if the Freeway Road area was to be
redeveioged. i
BACKGR4IfND �
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On February l, 199'7, City Counci� conducted a joint warkshop with the Planning
Commission to examine the use of the City owned property in the Freeway Road area and to
examine potentialland use and madway canfigurations in the surraunding area. Concurrentty,
Mr. Edwazd Paster, of Paster Enterprises, had requested that the City authorize MnDQT to
release some right-of-way adjacent to the 1Vlendota Piaza in order that Paster Enteiprises could
acguire the land to attract a resta.uraut development.
At the workshap, City Council ordered staff to investigate realignment options fox
Freeway Road, future traff'ic needs in the T.H. 110/Dodd Road area, land use options an.d
potential redevelopment tools/funds that the City could use if the Freeway Road area was to be
redev�loped. On February 4, 1997, City Cauncil deferred a decision on Mr. Faster's request
to release R.C7.W. until roadway and t�affic issues in this area have been stud'zed so that the
proper course of action could be determined. j
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At the workshop in February, City Cauncil directed staff to investigate a number af
Iand use, #�:affic, roadway and redevelapment issues for future cansideration. This mema will
address each of those directions individually. :
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1. City Owned Property North of T.H. 110 - The City Council directed that this site be
secured against any further use for street sweeping or other dumping and to research
other options available to the City. This site was closed and secured and a new chain
was installed along with security signage. Both the police and public works are
monitoring the site and enforcing no dumping. The City used the old Mulvihill site for
temporary storage of street sweepings in 1997 until the McNeill site may be acquired
and prepared for City use. (Please see March 6, 1997 memo from Tom Olund.)
2. Release of Right-of-Way South of T.H. 110 - Mr. Edward Paster will be present
Z�esday evening to discuss with the City Council his request to authorize MnDOT to
release vacant Dodd Road right-of-way so that he may purchase it. In deferring a
decision on Mr. Paster's request in Febniary, City Council was concerned ahout how
much of the land should be retained for future roadway and drainage purposes.
Council had desired to complete a comprehensive study of the entire intersection,
includi.ng the area north of T.H. 110, to see if there would be any overall objectives to
accomplish that would affect right-of-way release. (Please see attached letter of request
and map.)
In order to study the future roadway and traffic issues, engineering staff has met with
MnDOT and Dakota County traffic engineers. A formal inquiry was made to MnDOT
and they have provided a letter of response. The City Council should consider the
letter of response from MnDOT concerning the future traffic, roadway alignments and
highway needs in this area. (Please see attached May 14, 19971etter from Ms. Sherry
Narusiewicz, of MnDOT.)
According to the MnDOT Transportation System Plan, both T.H. 110 and T.H. 149
are identified as preservation corridors. This means MnDOT's investment in these two
trunk highways through the year 2020 will be limited to preserving the current
roadways to serve their existing purposes. The traffic forecasts through the year 2020
are at levels that the existing trunk highways have been designed and built to handle.
The tum lane improvements being added on Dodd Road this summer will upgrade the
intersection. Both roads are considered minor arterial roadways, and as such, are
candidates for turn back to Dakota County.
MnDOT has indicated in their letter that they would allow a bridge to be constructed
over T.H. 110 within the vacant Dodd Road right-of-way, but the cost would be
entirely the City's responsibility. An at-grade intersection in this location would not be
allowed by MnDOT because it is less than one-half mile from the existing intersection.
City Council had expressed a concern at the workshop that sufficient right-of-way be
reserved north and south of T.H. 110 to accommodate future traffic levels at the Dodd
Road intersection. The MnDOT transportation plan indicates that the thresholds for
traffic on both highways will not be exceeded by the projected traffic levels through
2020.
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- 3.
City MSA Designated By-Pass Road - The Council directed staff to consider options
for realigning Freeway Road and to examine the possibility of Municipal State Aid
(MSA) status and/or state funding for the realignment of Freeway Road. Engineering
staff has prepared a map titled Freeway Road Study showing the best alternative for the
realignment of Freeway Road. (Please see attached.) A realigned Freeway Road may
be designated as an Municipal5tate Aid (MSA) route as it connects Dodd Road to
Delaware Avenue.
Under this scenario, City Council would need to preserve the right-of-way along the
north side of T.Hw110 to accommodate a realignment of Fr yaeew Roa�:—`Hilltop'Road
would be proposed to be realigned to connect with Freeway,Road at Dodd Road. The
City has received complaints about the poor sight lines at Hilltop Road and Dodd Road
in the recent past. A street reconstruction project will be considered for Bunker Hills
neighborhood later this summer and a realignment of Hilltop Road could be funded by
Tax Increment Financing as part of any street reconstruction project.
I
To accommodate the south side of T.H. 110, it will be necessary to extend South Plaza
Drive, as development occurs in this area. The alignment of a South Plaza Drive
extension can occur concurrently with development proposals. The Dodge Nature
Center owns the underlying fee title for the eastern portion of the vacant Dodd Road
right-of-way south of T.H. 110 and it is not anticipated that this property would be
developed, unless the City actively acquired the fee title. The remaining portion of this
right-of-way is approximately nine and one-half (9'/a) acres.
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Funding - Municipal5tate Aid (MSA) would pay for the realignment of Freeway
Road, if Freeway Road is designated as a MSA street. South Plaza Drive is currently
an existing MSA street. It would be necessary to un-desigriate South Plaza Drive in
order to free up the City's allotment of MSA mileage so that Freeway Road could be
designated as an MSA street. !
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The City recently amended the Tax Increment Spending Plan to include fiunding for
roadway, acquisition and public utility purposes in the Freeway Road area. Any utility
work that would be necessary due to a realignment of the existi.ng Freeway Road would
be covered by these funds, including work to realign the Hilltop Road intersection.
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The City could seek a cooperative agreement with MnDOT to pay for a realignment of
Freeway Road, which is a frontage road. Any cooperative� agreement would compete
on a statewide basis with other proposals. In this competitive process, there would
need to be fmdings that a project provided a benefit to the State by enhancing the safety
along T.H. 110. For these reasons, it is felt that a combination of MSA funding and
Tax Increment funds would he the hest options for funding roadway work in this area.
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4. Land Use Possibilities and Redevelopment - City Council directed that staff examine
the realignment of Freeway Road to create the largest possible developable parcels,
given access and visibility constraints so that land use options could be examined.
Possible land uses discussed at the workshop included life cycle housing for empry
nesters, multi-family housing, commerciaUretail development or a mixture of these
uses.. The Council directed staff to compile a list of redevelopment taols and
techniques for developing the Freeway Road site and to lacate a developer with
eacperience in this type of project.
Redevelopment tools considered by staff included creating a redevelopment district, tax
increment fmancing, Municipal State Aid, MnDOT Cooperative Agreements, Planned
Unit Development (PUD) guidelines, selecting a developer or a process of competitive
bidding for a developer.
Creating a redevelopment district is difficult hecause of its limited number of years (8)
to recapture the increments that would be generated by the project. It would be
necessary to have a plan and developer in place prior to creation of the district so that
the full eight year period of the district could be utilized. For this reason, it was felt
that including the Freeway Road site in the amended spending plan for the existing Tax
Increment District was a more viable option. Sufficient funding for roadway
realignment, utiliry work, acquisition and other costs were included in the amended
spending plan which City Council approved at its May 6, 1997 meeting.
Municipal State Aid funding is available to realign Freeway Road if it is designated an
MSA street. Use of a Planned Unit Development District in this area would give the
City both the flexibiliry to work with a developer and the control to insure a quality
development that would be compatible with neighbori.ng land uses.
Development Options - City staff has met with Mr. Chris Moarn, of Laurent/Parks
Development, to take a tour of a similar redevelopment project in the City of Wayzata
that includes twenty town houses and five small office buildings in a mixed use
development. West Lake in Wayzata is similar to Freeway Road in size, land use
mixtures, in the fact that a road was realigned and that city participation was available.
(Please see attached materials of West Lake development.)
In addition, Mr. 7ohn Streeter, of Paster Enterprises, stated to City staff that they
would be interested in partnering with a housing developer to provide a mixed use
development on the Freeway Road site.
Options available to the Ciry could include selecting a developer, or invitations to
developer(s) to meet with the Ciry Council in a workshop setting. Selection of a
developer would mean the negotiation of a developer's agreement and the establishment
of a Planned Unit Development District. Competitive bidding for a developer would
mean the creation of a detailed plan to support a request for proposal (RFP). This
would also involve some legal background work to prevent a"commitment" by the
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City to any particular developer j
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Landowner Notification - At this point, city staff has not contacted any interested
landowners, or those people that have underlying fee title to any of the MnDOT right-
of-way.
ACTION REQUIRED
In order for staff to further proceed with the Freeway Road study, the City Council
should consider the following matters:
1. Meet with Mr. Paster to consider his request to authorize MnDOT to release right-of-
way on Lot 36 so that he may acquire this property and market it for a restaurant
development. Reserving adequate right-of-way for roadway purposes and drainage
purposes should be determined.
2. Determine whether Municipal State Aid status will be switched from South Plaza Drive
to Freeway Road. j
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3. Consider how to praceed on the redevelopment of the Freeway Road area. One option
that is available would be a workshop in which a developer'.would explore land use and
development options with City Council. i
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4. Provide direction to City staff about notification of interested land owners.
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CITY OF MENDOTA HIIGHTS
March 6, 1997
TO: Kevin Batchelder, City Administrator
FROM: Tom Olund, Public Works Superintendent
SUBJECT: Freeway Road Dump Site
I am writing this memo in response to your memo on February 25, 1997. There has
been no illegal dumping that I am aware of at the Freeway Road Dump Site. Prior to closing
the dump permanently last fall, the only other agency authorized to use the dump was St. Paul
Water Utility, which in some cases does contract with private companies. We authorized them
to use it for materials excavated from water main breaks in Mendota Heights only (which
would include concrete from curb sections, gravel and asphalt). Since its closure St. Paul
Water is no longer authorized to use the site for dumping.
As far as security goes here's what I am propose to do; we will add a sign stating "No
Unauthorized Dumping, Violators Will Be Prosecuted" A new cable has already Ueen installed
on the existing entrance gate. We will install additional posts at the perimeter where there is
any possibility of vehicle access to the site. To make it more aesthetically pleasing we will
paint the existing posts on the gate brown, and replace existing rusted posts around the site
with new galvanized posts. The gate will be locked after any City use. I will also make sure
it is checked on a daily basis, to insure it remains locked and watch for any illegal dumping.
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���,jC�/L/� DEVELOPMENT AND MANAGEVIENT OF SHOPPINCr CENTERS
" �1 2227 University Av�. • St. Paul, MN SSI I�i-IC77 • h12-646-7JQ1 • Fax GI�-G-:G-I�S�I
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. J nuary 'i 5, 1997 j
CENTRAL PLAZA
�Sth & Centrai Ave. N.E.
Minneapolis, Minnesoca
Mr. Jirn Danielsan
Public Works Director
1 'i 01 Victaria Curve
Mendota Neights, MN 55118
Re: Conveyance o# Farce! #36 from MNlDOT #o Mendota Mai!
CRYSTAL SHOFPING CENTEI2 Associates �
Bass Lake Road & West Broadway �
Crystai. Minnesata '
Dear Jim: #
D4DDWAY SHOPPiNG CE�iTER
Smith & Dodd Raad
West SL Paul, Minneso�a
LEXINGTON PLAZA SHOPPES
Lexington & Largenteur
Rosevilte, Minnesota
MENDOTA PLAZA
State Hwy. 110 & Dodd Itoad
Mendota Heiehts, Minnesota
MOUNF?SV1EW SQUARE
H«��•. IO & Lana Lake Road
Mounds View, Minnesota
NORTHWAY SHOFPING CENTER
Stace Hwy. 23 & Woodland
Circle Pines, Minnesata
SIBLEY PLAZA
West 7th Street & Davern
St. Paui. �Ainnesota
Last fall, Planning and Council was � presented a plan to put the
excavated material from the HRA Seniars Building anto Parcel's #35
and #36. The understanding was that, Mendo#a Mall Associates was
in p�ocess of purchasing these parceis fram MN1D�T.
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Mendota Mall Assaciates is now in the final stages of purchasing only
Parcel #36 from MN/DOT, Find pian attached.
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Parce! #36 is a narrow strip of land that was taken by MN/DOT many
years ago far the propased purpose of a bridge aver Highway 1'i 0.
This project is not going to happen because of the new lnterstate 494.
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Mr. Marvin Martin with MN/DOT has rec�uestet! a letter from the City
af Mendota Heights stating that they agree with MN/DOT conveying
the land to Mendota Mall Associates. �
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Please address this letter of approva! to�Mr. Marvin Martin, MN/D4T,
Metro Divisian, 1500 West County Road B2, Roseviile, MN 55113.
i
Please note that this request is for Parcel #36 aniy, n.aY Parcei #35.
As always, if you have any questions, piease contact the writer.
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Sincerely, �
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PASTER ENTERPRISES #
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Construction Manager
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�r� �1�Y 0� PASTER ENTERPRISE REQUEST � j�`� �� 7
������1 ����Q�� TO ACQUIRE EXCESS HWY 149
������� ROW FROM MN DOT .
HEIGHTS. Mf� 55118 f6121 452-i��n
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� a Minnesota Department ofTransportation
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�� "��g Waters Edge
1500 West County Road B2
Roseville, MN 55113
May 14, 1997
Mr. James Danielson
Director of Public Works
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5� 118-4167
Dear Mr� Danielson:
This letter is in response to our discussion on Monday, Apri121 and the letter you sent dated April 2�
regarding your interest in developing the area around the Trunk Highway (TH)110 and Trunk Highway
(TI�149 intersection and what Mn/DOT had planned for the future. _
Recently Metro Division has completed a long range Transportation System Plan�. The plan documents how
Mn/DOT- Metro Division will maintain and improve its taunk highway system from 2001 to 2020.
According to this plan, TH 110 (from I-35E to I-494) and TH 149 are identified as preservation corridors.
This means that the only type of inveshnent that Mn/DOT will eYpect to make are those to preserve the
current roadway by doing such things as pavement repair, drainage repair, access management and traffic
control that will allow the roadway to serve its existing purpose. It also means that safety will always be
addressed when the need arises.
I also want to mention that these to trunk highways are classified as minor arterial roadways. Metro
Division's Transportation System Plan has identified all minor arterial roadways as being candidates for
"tumback" to primarily county jurisdiction. This has not been agreed to yet by Mn/DOT and Dakota County
but our long range goal is to develop an agreement sometime in the future.
The following pararagraphs answer the specific questions that were major concerns to the City:
1. What is the State's projection for future traffic through the intersection (20+)?
The following 2020 volumes were calculated by our Forecasting Engineer, Gene Hicks, at this
intersection: " � - /. �'�
�':r: �. .� � �. . �, �i
TH 110 East of TH 149 29,000 ADT ! w: ,;:� �
TH 110 West of TH 149
TH 149 North of TH 110
TH 149 South of TH 110
An equal opportunity employer
34,000 ADT
13,�00 ADT
1�,000 ADT
S , ^ •� �
_f. J V';7
Mr. James Danielson
Page 2
May 14, 1997
2. Would the State allow a bridge to be constructed over TH 110 within the vacant Dodd Road right-of-
way?
Yes, this would be acceptable to Mn/DOT, but we have no plans to do a project such as this and we
would not be able to provide any funds. The cost would be entirely the city's responsibility.
Would the State allow an at grade intersection with TH 110 within the vacant right-of-way? With a
right in right out?
No, an at grade intersection is not acceptable at this location due to the close proximity to the TH
110 and TH 149 intersection that currently e:cists. TH 110 is a minor arterial and according to the
Metropolitan Council Functional Class criteria this intersection would not meet the minimum %z mile
snacing required for intersecting roadways.
4. Would the State work with the City to allow acquisition of the properiy by the City for
redevelopment? For right-of -way?
When Mn/DOT reconveys properiy it must be offered to the fee owner. There are two options that
would allow Mn/DOT to offer the property to the City:
The City would need to condemn the property and buy fee from all the owners.
Then Mn/DOT could offer the property back to the City.
2. The City is intending to build a roadway , then Mn/DOT could offer right of way for
building the roadway.
Marv Martin in our right of way section would be the contact for questions pertaining to
reconveyance of this property. He can be reached at 582-1635.
Would the State cooperate with the City for acquisition and development of the site by a developer
under a request for proposals (RFP) type situation?
Mn/DOT would cooperate with the City in acquiring the site if either of the two options discussed in
the previous question are pursued Mn/DOT would be interested in participating in the site
development by coordinating the review and approval of access to TH 149 and TH 110.
6. Would the State enter into a cooperative agreement with the City for any roadway improvements
within the vacant right-of way? Such as a frontage road realigiment north of TH 110.
As you may lmow, the cooperative agreement progam is an annual competitive program that
provides Mn/DOT participation in funding lacally initiated projects. To be selected as a participant
the City would need to submit a plan for a project that would provide benefit to the trunk highway
system. Projects that would remove access to the inwk highway system and place them on a frontage
road would be a good candidate for cooperative ageement consideration. Since this process is
competitive, the plan would need to be reviewed and rated among the rest of the other candidates,
therefore Mn/DOT cannot make commitinents to any project until they are selected. Larry Erb in our
Metro State Aid section would be available for the City to work with in the development of such a
plan. He can be reached at 582-1384.
.= � Mr. 7ames Danielson
Page 3
1�Iay 14, 1997
I hope this information has given you a picture of what Mn/DOT envisions for these roadways so as to help
you plan for this area. Please feel free to call me at 582-1400 if you have any further questions.
Sincerely,
�R�N� �li�L� ` `
� ��
Sherry Narusiewicz
Local Government Liaison, Supervisor
cc: Mark Krebsbach, Transportation Planning
Marvin Martin, Metro-Right of Way Office
Larry Erb, Metro - State Aid
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LMI L3
February 7, 1997
Kevin Batchelder
City of Mendota Heights
1101 Vicioria ��urve
Mendota Heights, MN 55118
Dear Kevin,
Laurent � Parks
Development
Thank you for taking the time to discuss development opportunities in Mendota
Heigh�s. Attached are some examples of developments ihat we are working on now.
Each ane is in a different stage of design or constructian.
The West Lake project in Wayzata is 70% complete. This development does a gaod
job of producing the "Village" feel we talk so much about. At your convenience, we'd
lave ta give you a towr of the buildings in Wayzata»
Flease feel free to call if you have any questions.
Sincerely,
��
»'d��tr`-...�.
Chris Moarn
CM:am
�
153 East Lake Street I Wayzata, MN 55391 I Fax (612) 473-8813
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West Lake was conceived to match the village fea! ai �Nayzata by e�end'sng ��ice St�er#
and c�mbinirtg townhouses with o�ic� buiidings. The scale cf two story buiiding and high qu�lifiy
mrteri�#s has continue� dawn l.a�Ce Str��t inta West L�ke.
Th� 12iid f0i WeSt L3k2 waS b0tlt�ht wiitl thB CGOpBtc�OtlOf �'itE City Ofi V�/cyz:�. Tiiis s�e
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,IVIINNESOTA
PLANNING COMNIISSION/CITY COUNCII.
JOINT WORKSHOP 1VIINUTES
FEBRUARY 1, 1997
The Joint Workshop of the Mendota Heights Planning Commission and the Mendota
Heights City Council was held on Saturday, February 1, 1997, in the Large Conference
Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 8:30 AM.
The following Commissioners were present: Betlej, Dugaan, Friel, Dwyer, and
Lorberbaum. The following Councilmembers were present: Smith, Koch, Huber,
Krebsbach, and Mayor Mertensotto. Also present were resident Bill Nchols of 685 South
Freeway Road, City Administrator Kevin Batchelder, Planning Consultant Meg
McMonigal, City En�neer Mazc Mogan and Administrative Assistant Patrick C. Hollister.
INTRODUCTIONS
Mr. Batchelder welcomed everyone to the Workshop and introduced the participants.
PRESENTATIONS OF ISSUES AND EYISTING CONDITIONS
1�Ir. Batchelder told the Workshop participants that the purpose of the Workshop was to
discuss three issues:
1. Street sweepings and anti-dumping enforcement at the Freeway Road site
2. Future development of the MnDOT right-of-way north of Highway 110
3. Future development of the NInDOT right-of-way south of H'ighway 110
Mr. Batchelder also pointed out that a revision of the Mendota Heights Comprehensive
Plan was due to the Metropolitan Council by December 31, 1998, and that plannin� for
the Freeway Road site should be included in the Comprehensive Plannin� process. Mr.
Batchelder mentioned that previous examinations of the site involved the 1935 Downtown
Study, the 1992 Survey, and a letter to MnDOT.
Ms. Mcvlonigal presented the existing conditions of the Freeway Road site and
development opportunities and constraints.
NIr. Mogan presented details of en�neering characteristics of the Freeway Road site,
including drainage, utilities, and traffic.
NIr. Hollister presented the results of the questionnaire issued to Workshop participants in
advance of the meeting.
The Workshop participants discussed the realignment of Freeway Road, potential land use
options, acquisition and redevelopment efforts, traf�c and roadway capabilities and
roadway options.
.. ,
The Workshop broke from 10 am to 10:15 am.
DISCUSSION OF SPECIFTC ISSUES AND DIRECTTON TO STAF'F
The Workshop participants made the following determinations and the Council gave the
following directions to Staff:
City-Owned Property North of 110
Discussion
Mr. Nichols claimed that illegal dumping was occurring at the site, and that the chain
intended to prevent such dumping had been down for several months. Mr. Batchelder said
that the Public Works department had been ordered to completely cease dumping on the
site, and that the City was in the process of lookin� for an alternative site for dumping.
Direction
The Council directed Staffto replace the chain with a more secure fence and to notify the
Police Department about the alleged dumpings. Staffwas directed to reseazch options for
1997 street sweeping.
Release of Right-of-Way South of 110
Discussion
The Council determined that it should not allow the relea.se of MnDOT right-of-way south
of 110 to Paster Enterprises until it had thoroughly studied the development potential both
north and south of Highway 110. The Council agreed that the right-of-way north and
south of 110 should be planned in conjunction with each other.
Direction
The Council directed Staff to prepare an add-on item for Tuesday evening's agenda to
deny Paster Enterprise's request to release the NInDOT right-of-way at this time until
future development options for the right-of-way both north and south of Highway 110 had
been explored.
2
Status of City MSA Designated By-Pass Road
Discussion
The Council deternuned that the City should attempt to get state and/or 1�ISA funding for
the realignment of Freeway Road, which could be justified because its original intent as a
distant frontage road for Highway 110 never came to fruition. The Council was also
concerned that suffcient right-of-way be reserved north and south of 110 to accommodate
possible future increase in traffic at the intersection of Highway 110 and Dodd Road.
Direction
The Council directed Staffto conduct a Feasibility Study to consider options for
reali�ing Freeway Road and to examine the possibility of MSA status and/or state
funding for the realignment of Freeway Road. The Council also directed Staff to
determine future traffic scenarios along Highway 110 and to eYamine the possible
necessity of reserving right-of-way on both sides of 110 to accommodate future traffic.
Land Use - Establishment of Appropriate Land Use Designations
Discussion
Mr. Batchelder asked Mr. Nichols to speculate about what preferences his neighborhood
might have for a future use of the Freeway Road site.
Mr. Nchols said that most of his neighbors were "empty-nesters" and that they would
probably not object to some sort of tasteful single-family, multi-family or even commercial
use of the site. He suspected that they would, however, object to an active lighted
ballfield.
The Council and the Planning Commission a�eed that it would be best to first examine
how to realign Freeway Road to create the largest possible developable parcel with the
best access and visibility before deciding on future land use, zoning classifications, and
comprehensive plan desi�ations for any or all of the property north of Highway 110. The
Council and Planning Commission were willing to look at the possibility of multi-family
housing, senior housing, or "life cycle" housing for empty nesters in addition to
commercial development or other types of development.
Direction
The Council directed Staffto draw scenarios showing various possible reali�unents of
Freeway Road and present them at a future Council meeting. The Council also directed
Staff to eYamine the possibility of an overpass bridge or an at-jrade intersection across
Highway 110. The Council a�reed that access to Mendota Plaza was less than optimal,
3
and thus the possibility of providing Mendota Plaza direct access to and from 110 should
" be examined.
Level of City Involvement in Development/Redevelopment
Discussion
The Council and the Plannin� Commission discussed transferring portions of the MnDOT
ROW north and south ofHighway 110 to the City and agreed that this would probably not
be desirable (except perhaps what may be needed in the future for interchange purposes),
but that the City should use whatever development or redevelopment technique(s)
provided the greatest de�ee of control over the future development of the land.
Direction
The Council directed Staff to compile a list of development/redevelopment tools and
techniques for developing the Freeway Road site, including but not limited to Ta�c
Increment Financing, Redevelopment Zones, and/or the creation of a mixed-use PUD,
along with the advantages and disadvanta�es of using each mechanism. The Council also
directed Planner McMonigal to locate and invite a developer with expertise in this type of
development/redevelopment to e:cplain to the Council what the possibilities would be on
this site.
ADJOURNIVIENT
Motion to adjourn made by Huber and seconded by Smith.
AYES: 5
NAYS: 0
The meeting adjourned at 12:00 PM.
Respect�ully Submitted,
Patrick C. Hollister
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�� , �OSEVILLE �PROPERTIES � µ
.
M-ANAGE�MENT COMPANY �
- . _ _� �
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- •- �
June 9, 1997
Mr. Jim Danielson .
Public Works Director
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Re: Centre Pointe Business Park Development
Dear Mr. Danielson,
Roseville Properties Management Company is proposing to develop and construct a one story,
42,600 square foot, multi-tenant of�ice bui�ding, on� the 8 acre parcel, located off of Centre Pointe
Boulevard, in Mendota Heights. . . „ .
This multi-tenant property will be similar to the. Gopher State Building, which Roseville
Properties developed last year. This will be a steel framed, slab on grade office building, with a �
flat roof and a brick/block masonry veneer. Glass will wrap around the majority of the building �
exterior. � • . • �
The lot will have a 225 stall parking lot with two curbs-cut, with one on Cenire Pointe Boulevard
and tfie other on Centre Pointe Drive. A similar building is planed to be developed on the
remainder of the lot in the spring of 1998. �
The lot, building size and location is entirely appropriate for this use. This building and future
development will comply with all current zoning ordinances of the City of Mendota Heights.
We hereby request that the City Council approve the design development plans, submitted for the
site plan review by Lampert Architects, P.A. Construction would commence immediately with
occupancy in the fall of 1997. - �
Respectfully,
' :'� t
�, �
ugh R: llen
Vice President Commercial Properties
2575 N. Fairview • Suite 250 • Roseville, MN 55113 •(612) 633-6312 • Fax 633-9221
SITE FEATURES
• Centre Pointe Business Park I- Up to 45,000 s.f.
• Centre Painte Business Park II- Up to 35,400 s.f,
• Space Divisible to 3,200 s.f.
• Frime Uffice/Tech
• Available Fall 1997
• Custom Designed Space ta Suit Tenant Needs
• Excelient Access to I-35E and 494
• Visibility on Hwy 110 and Lexington Avenue
� Minutes fram Dawntown & MpIs/St. Paul Airport
• Ampie Customer and Emplayee Parking
RQSEVILLE P120PERTIES P✓IANAGEMENT CQl�ZPANY
� �ONTACT: iliJGH �ULLEN (1i1�� 6�3-�5312
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CITY OF MENDOTA HEIGHTS
MEMO
June 11, 1997
�
TO: Mayor, City Council, and City Admi _' a
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Ivy Falls Land Donation Offer
Discussion
At the May 13, 1997 meeting of the Parks and Recreation Commission, Mr. Ra1ph Oyen
of Ivy Hill Townhouse Association presented a letter to the City of Mendota Heights. The
letter was dated May 2, 1997 and stated that at the last meeting of the Association, the
members voted to offer to quitclaim Lot F immediately east of Ivy Falls Park to the City
for park purposes. After a lengthy discussion that evening with Mr. Oyen, the
Commission passed a motion recommending that Staff reseazch the potential suitable
uses for this land, get more information regarding ownership, and bring this item back to
their June meeting. (Please see the "History" section of this memorandum for more
information.)
Some Parks Commissioners had expressed interest in acquisition of this land for active
recreational use. Staff feels that the land would be big enough for a soccer fie�d but not
for a baseball or softball field. Please see the attached sketch drawn by Mr. Kullander
showing a 120' x 240' soccer field oriented diagonally on the land.
After once again discussing the acquisition of this land on the evening of June 10, 1997,
the Parks Commission concurred that City acquisition of the land could assure that it
remain green open space permanently and that the land might prove useful for active
recreational space at some unforeseen time in the future. (Commissioner Linnell also felt
that acquisition of this land could be justified in part by the consideration that there was
less park land on the north side of the City than on the south side.)
History
The Final Plat which includes Ivy Park and Lot F was applied for by Clapp-Thomssen
and approved by the Village Council of Mendota Heights on October 19, 1965. (Please
see the attached minutes from that meeting.) When the Final Plat was approved by the
Village, Lot G was dedicated to the Village as Ivy Hill Pazk and Lot F was dedicated as
recreational open space (i.e., a golf course) for density purposes. Appazently there
actually had been some sort of golf facility on lot F at one time, but that use has long
since ceased.
�i
According to Mr. Oyen, all four Associations were supposed to jointly own Lot F, but
officially the Ivy Hill Town�iouse Association owns the land. The Ivy Hill Townhouse
Association currently pays 35/84ths of the ta�ces for this land, and the other three
Associations reimburse the Ivy Hill Townhouse Association for their shaze. Lot F was
reserved in 1970 through a restrictive covenant for recreational use for people in that
development. The restrictive covenant will end in the year 2000.
Mr. Oyen says that as early as 1980 the Ivy Hill Townhouse Association voted 74% in
favor of donating Lot F to the City. Mr. Oyen has also remazked that many people
already assume it is part of the pazk and use it in that fashion. Mr. Oyen claims that the
Association has made no attempt to restrict or discourage public enjoyment of the land,
and feels that it is more appropriate for it to be owned by the City.
Only three of the four Associations in question are named on the quitclaim. Mr. Oyen
claims that the Ivy Hill Association is empowered to unilaterally donate the land to the
City without consent of the other Associations if it so desires. Mr. Oyen says that his
group wishes to either donate the land to the City or quitclaim the deed to the other
Associations. Mr. Oyen says that the other Associations do not want the land. The land
is currently valued at $56,000 and the Association pays roughly $1500 per year in taxes
on the land. Mr. Oyen says that the four Associations cooperate together to maintain the
property.
Neighborhood Ezpectations and Notification
According to Mr. Oyen, the condominium associations have mixed emotions about
donating this land. Mr. Oyen says that some of his neighbors might object to an active
use such as a soccer facility on the land but the majority of the neighbors would not
object. If the City is interested in accepting this land, some type of public hearing or
other notification process should be considered by the City to receive input from the
residents of the area. (As stated above, the Parks and Recreation Commission believes
that acquisition of Lot F would be useful for the City even if no active use occurred on
the land for the foreseeable future.)
Please see the attached documents:
Letter from the Ivy Hill Townhouse Association to the City of Mendota Heights dated
May 2, 1997.
2. Minutes of the regulaz Village Council meeting held Tuesday, October 19, 1965
(see Third Order of Business: Ivy Falls Final Plat)
3. 1996 Property Tax Statement for Lot F
4. Quitclaim Deed for Lot F(6/20/84)
5. Explanation of the Covenant from Larkin Hoffinan Daly and Lindgren (4/27/81)
6. A map of the area provided by Mr. Kullander
7. A"concept plan" for a youth soccer field provided by Mr. Kullander.
Mr. Oyen will be in attendance at the June 17, 1997 meeting of the City Council to
discuss the quitclaim offer for Lot F from the Ivy Hill Townhouse Association.
Recommendation
At the June 10, 1997 meeting of the Parks and Recreation Commission, Commissioner
Damberg moved to recommend that the City Council accept the offer to donate this land
and keep it as it is at this time, allowing the possibility of a change in use at some future
date. Commissioner Libra seconded the motion. The motion passed on a 6-0 vote with
Commissioner Norton absent.
Action Required
If the Council agrees with the Parks and Recreation Commission's recommendation, the
Council could make a motion directing Staff to proceed with the process necessary for
acquisition of this land. Alternatively, the Council may wish to advise Staff on some sort
of public notification process to solicit input from the residents of the area.
�
To
May 2, 1997
City of Mendota Heights
From Ivy Hill Townhouse Association
575 Maple Park Drive
Mendota iieights, Mn. 55118
At the last Annual Meeting of our Association, it was voted
by the members that we should fluitclaim Lot F in accordance with
our authority as manager of property adjacent to the Park.
Our proposal is that the City give consideration to the
possibility of our issuing a Quitclaim Deed to you. If that
were done, the property would then come under one management
for the benefit of all the citizens. At present we do not make
any effort to restrict use of this land by non-residents. Making
the city the beneficiary of such a transfer of ownership would
make legal and factual what is now assumed by the non-resident
users of this land.
Let us know your response to this proposal.
� C�GL� L � G��
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V�LS,AGL� Ol� Zil;ND4`1'A Il�IGI{9'S
HIPtUfiES Oi� ii�GULAIt t�ETI3tG
HL�Lll TU��DAY, QCTOB�R 19, 1965
Pureuan�B to due aal]. and noi;3ce tl�ereo�', the regular raeoting of the
Ui].lage Coanci.l af i:he Villa�o of Mendota Iig�.ghts was 8uly held on TuosdaY,
qc'cober 1y, 1965, n,t the Vilit�Qo 1�ali, at t3.0� o�alock p.M,
3�ayor'Iiuber called t2is meetin� to order at 8;00 a=alock P.M.
't'ha ial].owing membera Vrere preoent: 2iayor Nuber, Trueteee Soibarlioh and
Striixgar, �,nd Clorlc Callcina. Truni:eo td�rtoneotto i•ias abaent.
�IINU'P�S.._Z.�,�etin�s held Oot. 5th, '%tli, and 1?�li: Clerlc Celk3na moved •�heae
min�.ttes be appraved as ma.iled to ea.cli apu11c3,1]risriy priar ta the raeeting.
'Prustoe Stringsr seaanded tho motian. Vata: Ayes -t�, Naya .. 4.
Trusf,ee Merlseneattos arrived at this �3.me. (E3:Ob)
i�`IRS�' QitD�R Ol� HUSIPIESS9 Ivg Ti�.l}.e F7atar t�nd So�rer�
Village EnQineer Kiehel pxoeorrbed p3:�:ns and speca for sewer and wator�
uons�tructi.nn ir� the ne�l Zvy Ili11e Addi•�ion, for council recciew. Clerk
G�3k3.na maved the plana and s�sca aa presetoci be approved, and the Enginaor
be 3n�tructod and authorized to adveri:iee for bido, due NovemUer 29rd.
'1'it181:40 Stx�i.nger aocsanded tho �notion. Uoi;e; Ayea -5, Nays _ 0
Mr. K•lahQl then praeented plana and �pecs Por Stqrm 3s�rer aanstruction
1.n iv;� Iiil:Ls, e�cpla3.ning that tho bas3.a plano Yram firi�t bidding �aere ahangad
onZy ollghtl.y, and the �ro jec:t ati].1 lia.s tlie bame �.aeia tyge ot aonetruabion.
biayor Huber mavad the Council apprave i:he plmns and epaus e,� prasentad, snd
the �nginec�r Ue directed and authar3zod ta advertise ,for bj.c�s, a�econded by
C].erlc Cal.lciiis. VoCes Ayea -5, Naye -0.
s�corrn ot�nrn OI+ DU9IN�38. Sclansider aase�ement '
Andrerr Sclineidar, 351#9 Dodd Road, reqiieated the Council recon�ider kiia
assesument tor water, that h3s lurga 3.0� was ci3argad :�ron�aga or� tV�a aidee.
l�ollat�rin6 dtudy of �hi� parcex, Trus�b�s Mortensotto moved the Council deter
the a�sessmeni: of 100 fi: aZong Fourth live., parcel #267b4-A, in the amnunt
of $750; pending future sa3e a� davelopmani; of grogarty. Mayor ituber s�conded..
Vota; Ayea _5� Naya - 0.
'PHIRD ORDPB OE� HUSiNE3S= Ivy H3.11s Fir�l Plat
Trust�ve Stringei moved the Counci�. unprave and adopt the tinal plat ior
ivy iiiile Addit�3an, as preae»tod tor Council reviert by Clapp-Thamseen,
:li�oluriing tlie iollow�.ng apecial nota,t3an tcited on Iiard shel2 cap9} �tthat
I,ot �G� ie hereby dedicatad �or publ�.c parlc purpoeos �orevex, a18o knvwn as
Iti*y tiilla Park{r �tarm paric t�ein� asect s�noniniou�iy with playgmoun@4�
`PrustQo 3e3,Uerlich seconded �his motiata. Voi:e: Aye� .. 5, Nays - 0,
TRUSTea 3tringer i�l�an maved tlie Cauncil aciopt tix� followin� rasol.utinn:
RESOLYED� that, pureuant ta Sec�ion ?1.8 af t�he Zoaing Qrdinanee of tiie
�Ui' ].age aY Mendota ]Iei6htsj ihe Ui2lage Counail of the Vill.ag� aP 2�endata Iie:L�r;.t :
he eby grants �o Galaxie Tno.. a t�finnesata Corporation, a ondit3gt�a1 Uee
Pezin3.t prov:l.ding far ��tplannacl dc�•velopment pro ject �rith mors han one -�
pri n�'i.pal building per lat in an iIt+" d�,atrict,fii ta aonatruot an B3 unit
tCo� nhouse oompl.oat �aQether w�.th ai jacent $01.� irop courea on •Lota A, H, C, D,
E,. F, and H, C�aepp� Thaiassart Ivy Iiil�., Mendota Ile�.ghta, Dakata CountY,
M?tnneaota, the plat of which has besn approvect by L•hi.a Counci7. on ttci.e date,
provided aaid ��planned devolapmeni: pro�oet�� ie� con»truated in accordance
krith tho c�atai2ed pZans aY +�Clapp-`Pham�sen Iity 1ii11 Totirnhausee'� prsparsd by
+;rover Dimond Aeaociatea, Ina.;;Arch3@iocts and Enginaera, 8t. Pau3., Minnasoia,
whicsh pland are� on file s�ith the Village o� t3endata 3iaiglita, and
RESflI.U�D P'IIRTFi�R, th�xt a vari.ar��o ta t he requ3ramenta of the zoning
�� rdi.nanca 3a heroby gran'ted authoriaeing tha oonatrua�ion oY Tawnhouao
+tructus�ee, two-and-one»halY storiea in }� i.ght, and
rr�,. •, RFSOT,VT�,D -I�URTIi�R, 3.f oa3.d a�tr�.i�a plana sha].1 in �ny fray vary fram
�"` '�t;he requix•s�nan�s oi the Villago ru3,xain� aado, ��he raquiremen•ts of tl7e Va.11a�F�
Build:Lng Code ehall bo deemod to npply and eliall be followed in a]1 reapecte.
7.'ritabee Mortenea�to s�cot�ded ti►a matiozx far asiopti.anl Yote= Ayes-5, Naye-Ov
�'OUItT1i ORDL�R OF BU3TNTSS= ft�s-zoning liearin� prnperty along llwy 55
Fol].o�ring. a lengthy disouss3nn, tii�.s $ub�jact was coretinued untiZ �Y►e
tloeember lbth maeting, by mo�ion a�` 9'ruetae 3tringar, eecoaied by Truatea
eiertena��tto. Vote. Ayes -5, Naye - 0. (time-8 pm)
I�IF
T�IFTII ORDER OF BUSINE33: Aaeeesment Ra17,e-..Impr 2, Proj. 1• Impr 3, Proj, 1
Cl�rk Calkins tt►oved the Counail adop� the :Polloy�ing reeolut�ons
R�SdLV�D, that the Vi2la�ge Cuunc3l adapt Resoiul�ian No. lf entitled
��RESOLUTTQN ADOPTING AND CONFIRMING ASS�SSMENfi3 FdR IMPROVF�MENT NDMHER 3x
PROJL�CT NUMDER 1, {CONSTFiUCTIONN QF SANITARY 3E41�R SYSTL�M AND WATER
DISTfiIBUTI02d 9XSTFM}
Tdavtlt� linl,��- sAnendAd the moti.on. Uote; A,yoe --5, 1Va.,ye - 0.
•�OIVIAS V. NOVAK �AKOTACOUNTYTREASURER•AUOITOR PROPERTY
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1996 PROPERTY TAX STATEMENT - STATE COPY
IIS STATE COPY Of THE TAX STATEMENT IS TO 8E USED TO CLAILI PROPERTY TAX REFUNO NEW IMPROVEMENTS
�ND SPECIAI PROVEATY?AX REFUND FROM THE MINNESOTA OEPAHTMENT OF REVENUE
ESTIMATED MARKET VAI.UE
TAXABIE MAFiKET VALUE
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SAINT PAUL MN 55118-1837 a
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ry PAYABLE THOMAS V. NOVAK 7p��UFiER-AUDRaR
Ta:
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: PAOPEATY IDE'JTiFICAT1�41 , ��L ,_ W/5 • LOAN CAQE � HOME
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tQ.V sA(�.�^"C�"'•- �:-;' �lnstrument asfi.�'d�totr:,rr�djr+ ,-' �
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:O.YSIDER.�TIO�;'•- �• t' •":�:`�
-' :_;:.-•=: -�•'�- ' _�� , co:voration underthela.sof � �_.
'�:' = '•�'•,G�anWr,herebyeonveysanclq�iitciairtuto Ivy Hill Taar.house Qwners,�••
iC�eo•I Ovnera Assn_, Ivy KeeP II Owne;s A�sn. �G������ -�i :: �:
��rDakota -• • `•"_"• ' County, �t(nnasota, described u lolIoKs: � ;�=,
- -.,:.�.r . - . ,.�� ., ..� .: �
Q homssen'Ivv�:iill, •according to ehz�plat thereof or. �''
he Dakota-Couaty Reco:der. � . j,
Restrictive•Cuvenants dated Dacembcr 22, 1970, filed � i �
'_ 1470:�� a.s Doc:s�ent No. :798 J i. ! ��
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-_.. `:='IY�e foteqoing xas x'sno+�led�cd be:are .-e :hie �b �"L day of June , 19 a_ .
-- •. by R H'�sen ar.d Edasd D. G'aFo ,
��•�•` ` the Pz'esic�t _, aad Sec�ti=v
;;.::;;;s ., � r,��_�y,� �;y , i eoraoration
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=• k�=;'-"' Hianesota , on'�eh�t alths corooration
unde: :he laws of //''��
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" ATTpRNEYS AT LAW
iS00 NORTFiWESTE�N FtNANC�At, C£NT�r't
'7900 XERxES AVENUE SOUTF+
MINiVEAPCiLtS. MlNNESOrA 5°Sa3�
TEIEPMOntE 16t21 &95-3600
+]2�+ 1 O S GENTEp I10� CONNECTIGVT AvE+:UE, N. W,
MINNE'APOIi$�FIINN�SOT4gg4p2 ' WA3NINGTON.O.C.ZOOJ6
tEtER*t4NE �Bt2� Sa5-38Gi} TECE�++ONE t202t 22�-9�48
April 27, 1981
Mr. SGeve Tollison '
CO�IMUNITY MAidAGE�IE�iT COMPA��iY
6400 Flying Claud Drive
Eden Prairie, riinnesota 55344
Re: Ivy Hil.l Associatiori
Our Fi1e No. 991.3-00
•Dear Steve:
J��+ES �^'. t�wK�n� 3TEvEN G. tEVIN
AQ�EAt l, t+0�'�'�+nN GMqiSTpPMEA ,�. 01£72CN
,�AGH /: QALY p[TEA K. BCCX
O. MEnN�TM lIN{.'14aEN AICwAqO �. OIAMONO
♦nOAEw w• O�r+1�L30N ,lO�+�+ 41. BE.�Trtl:
wENOf�I �7..�r�0ER5pw ,lpN S. SW�EAZSw3n�
GER.iLO �+. F�+�C4£LC MICs+AEy S. MARGUItES
AOBC7t e. wM1140C%� S.aMVE� 4. STE�7N
♦1,1.AN E.MVILIG.�N TMOMA'„} J. RLYNN
AOBEAY J. MENN�53EY tiODER'1{".N t. MA(„'%EN�1�
tiQNA(,O p F(,£7'Ct�Cr+ w.�Gt++E4 O. SGHwaarz
.1aME3 G ERIGNgON eqRRE^ST ¢. nOwt/r+t
EOwn.rip J. OA�SGOIL Jne+ES P. OU�NN
��ME3 �+• +���EY MIGMAgI, C. J.►CNMAN
GENE'N, FUILEp MAR� E. CU��TIN
$TE�M�N e. 5040r.QN O+.r+fE� A, ¢UtrtlAN
JOSEp'N W. AN7NQN♦ JfpOMt� M. XAMNI([
OAV10 G. SEI�EAGpEN TO00 I. IaEEMAN
,/pMN {1. FUllN�4 C,aTMY �. GOfiLIN
ROgEAt 6. B4rt£ JOSE=*� t. GRE£N
fRANet t. HaqV$v 11NOR6W J. M�TGHEtI
AOBE�it T, rnONTAGVE. JQ..
.1A�E3 M STii07MEp
EMBEQ 4. RE�CHGOTT
Gst4QLE:4 5. MOOE:L
a�Cl+aAC} w, tOP3G�+tER O� COVN9EL
41NOw M, Fi3wgq JOSEPH GITI�
TMOMA$ P, $TO4TNAN I,INN ,J. /lf'iE37CiNE
�OO;SCNtL� �0�1TTC0 OML� �M �lNN3�6Y4M�A •
I encZose for your file a cogy of the recorded s�t oi Res�ricCive Cavenants
afiecCino Ivy Hills and adjacent prooerty. As we discussed at the meeCing
last wes?c, Lat F has been dedicated far privat� recreati.anal use for the
benefit of tfie Ivy Hill Town Houses residents (and aziy other ariditional, re-
sidenCial uni[s erected on the land described in paragraoh 1) for a period
oE thirty years, In e.Ychange for tne ri;nC ta use Lot F Eor r��re�tional
purposes, the individual unit owne..�- must bear the cost oE rea7, eswate �axes
ar�d Iiability insurance for the thir�y year period. Othe� t�Zan negatiating
a direct purchase of the pronerty from Galaxie Gomoany,. Chere does not appe�.r
ta be a way far ti�e Associa�ion ta acquire titie ta Lot F. In fact, iC apoears
tnat title can change hands prior to Che year 2000 only iE one of the following
occurs. �
l.) Lot F is "sold" to the State oF �iinnesata for non-paymenG o= real estate
taxes. In such case, the State may ho1:d a ta:c-�orFezted land sale in-
volving ti�e parcel and, ii ofL2T_'ECI for sale, any purchas�* map submit a
bid on the praperty. ZC is un�ikely Chat GaiaYie Campany wouZd pe?�-�it the
property to be forfeited to Che State and would probably elect to szek an
appropriate order o.E court requiri.ng Cne Associat�an to'ma%e real estate
tax payments. �
2.) The Covenants provide that if tne owners oE 35 addiCzonai units requesr.that
.__..
'a ne*a association be formed Co �overa tne recrzational area and if the parties
cannot aoree upon Che meChad oi m�na�e�tent, t�te assaciatiun or the owners a�
the additional uniCs may "causa Lat F Co be dedicated" to Kendota Heights
far publ�c par?-c purposes and, if so deciicated, Ga?aYie Company s�all si.g*� a
q,uit claim deed conveying Lot F�or par;{ pur�os�s.
6
0
I.ARKIN, Ilor•r•�rArr, DALY c.� Z.INDGRY.�i, Z.TD.
!r. S teve Tollison
April 27, 198I
Page TWo
3.) Any ti.me �.£ er Decemh_ er 31,_1990 the Association or any association formed to
manage Lot F inay by two-thirds vote dedicate Lot F to the public for park pur-
poses in which case Galaxie Company sha11. �Yecute a quit claim deed transf erring
its interest in the property. �
In short, if the Association wants the beneFit of the vacant land, it must pay the
.price through taxes and insurance premiums. The Association may elect to quit pay-
ing taxes and a11ow the property to become taY-for=eit land. If such occurs, the
Association will have no control over who the purchaser �ay be and will have only
li.mited assurance that the property will not be developed.
Please let me know if the Associa.tion d'esires further information on this matter.
Sincerely,
S' � 7-iLi�Fi� �. .Ci 1 �� :�:!i�i �
Thomas P. Stoltman, for
L:�RKIv, HO r� N, DALY & LINDGREN, Ltd.
c
�:nclosure
cc: iis. JoAnae Murj� y
Mr. Bud Oian ✓
� '
�
Ivy Par:c is iliustrated in the S.ight shading
and the ciarker shaaing is fihe "ope�z Space':
are of tne townhomes proper�y. Acqui=ing this
"open" are3 for the par�c cou3d aZlow the
constructian of a youth saccer
field. The existing park is 9 acres, and th�
open space is 2.7 acres.
DRG �$
C�i"Y +QF hlEi+lDp7A y�iG�1-iS P.�RTIAI,LY DEVELpPED AND
1101 �ctoria Cunr� UNDEVELOPED LAND OVER GR
Mendota Heights, Minnesota 5�118 �(6"12) 4521850 oNE ACRE IN SxzE .� 1���
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