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1995-01-03f r 1. Call to Order 2. Oath of Office 3. Roll Call 4. Agenda Adoption 5. � 7. � � CITY OF N�NDOTA HSIGHTS DAROTA COUNTY, MINNESOTA AGENDA January 3, 1995 - 7:30 P.M. Approval of November 15, 1994 and December 6, 1994 Minutes Conseat Calendar a. Approval of RESOLIITION NO. 95-01 - Resolution Establishing 1995 City Depositories. b. Approval of RESOLIITION NO. 95-02 - Reaolution Accepting Pledged Securities for 1995. c. Approval of 1995 CDBG Grant Application - RESOLIITION NO. 95-03. d. Approval of Mileage Reimbursement Increase for 1995. e. Acknowledge znformation Regarding Water Tower Reconditioning Bids. f. Acknowledge Receipt of the Unapproved December 7, 1994 NDC-4 Minutes. g. Acknowledgment of the Building Activity Report for December. h. Approval of the List of Contractors i. Approval of the List of Claims. End of Consent Calendar Public Comments First of the Year Business a. Appointment of Actirig Mayor b. Designation of Health Officer c. Designation of Official Newspaper d. Appointment of Representatives to NDC-4 Presentation a. Dakota County Division of Metropolitan Mosquito Control District - Video and Oral Presentation by Mr. Dave French f k� 10. IIafinished and New Business a. Discuss PrimeNet Marketing, Inc. Request for Design = Modification. b. Review of Mendota Meadows Developer's Agreement. 11. Council Goa�ents 10. Adjoura Auxiliary aids for disabled persons are available upoa request at least 120 hours ia advaace. I£ a aotice of less thaa 120 hours is received, the City oi Mendota 8eights will make every attempt to provide the aids, however, this may aot be possible oa short notice. Please coatact City Admiaistration at 452-1850 with requests. Page No. 4213 November 15, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA � Minutes of the Regular Meeti.ng Held Tuesday, November 15, 1994 Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota Heights, was held at 7:30 o'olock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota. Mayor Mertensotto called the meeting to or.der at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch and Smith. Councilmembers Huber and Krebsbach had notified Council that they would be out of town. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda. for the meeting. Councilmember Koch seconded the motion. Ayes: 3 , Nays: 0 � CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to table item 4g, pazk rules and rental fees, to the December 6, 1994 meeting, along with authoriza.tion for execution of any necessary documents contained therein. a. Approval of the minutes of the Joint CounciUPlanning Commission workshop held on October 24, 1994. b. Acknowledgment of the unofficial minutes of the October 5, 1994 NDC-4 meeting. c. Acknowledgment of the Treasurer's monthly report for October. . d. Approval of a request from police officer Mario Reyes for a pazental leave of absence from November 9, 1994 through November 29, 1994. e. Adoption of Resolution No. 94-77, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT NEW CITY HALL." f. Adoption of Resolution No. 94-78, "RESOLLTTION ACCEPTING WORK AND APPROVING FINAL PAYMENT COMPLETED ARCHITECTURAL SERVICES." Page No. 4214 November 15, 1994 g. Aclaiowledgment of a memo from Treasurer Shaughnessy regarding insurance coverage for 1995 and a premium summary including a quote for excess liability coverage. No consideration was given to excess coverage. h. Acknowledgment of a report from Assistant Batchelder regarding the school district's 1994 "Summer Under the Sun" program. j. Approval of the list of contractor licenses dated November 15, 1994 and attached hereta k. Approval of the list of claims dated November 15, 1994 and totaling $311,068.67. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 BOND SALE Treasurer Shaughnessy reviewed the bids received for the sale of $290,000 Equipment Certificates and $1,300,000 General Obligation Revenue Bonds. " Councilmember Smith moved to accept the bids on both issues and adopt Resolution No. 94-79, "A RESOLiTTION ACCEP'TING BIDS ON THE SALE OF $1,300,000 GENERAL OBLIGATION REVENUE BONDS OF 1994 AND PROVIDING FOR THEIR ISSUANCE," awarding the sale to Cronin and Company for its low (bid) effective rate of 6.25%. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Councilmember Smith moved adoption of Resolution No. 94-80, "A RESOLUTION ACCEPTING BID ON SALE OF $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1994 AND PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the sale to Norwest Investment Services et al for its low (bid) effective rate of 5.44%. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 GENERAL PiTMP Council acknowledged a memo from Administrative Assistant Batchelder regarding a request from General Pump for a shared Page No. 4215 November 15, 1994 driveway, along with letters from Joseph D. Zwak, legal counsel for General Pump, and Del Erickson, azchitect, and a proposed easement agreement. Mr. Erickson and Mr. Zwak were present for the discussion. � - Mr. Erickson reviewed the General Pump site plan for Council and the audience. Mayor Mertensotto stated that at the last meeting Council had expressed concern that the city allow the maximum development area on Lot 4 and at the same time General Pump was to proceed to put as much of the driveway easement as possible on Lot 3 without negatively affecting the grade into the parking lot and terminal. He stated that the revised site plan shows the elcit for both lots so that there is only one curb cut starting on the centerline and tapering back. Mr. Erickson responded that the driveway is not within any of the developable area of either lot and that he proposes to move the driveway so that the easement would not be more than ten feet onto Lot 4 and shift the driveway so that it is only a driveway for a distance of seven feet. He explained that the plan, which has a drive location difference of about five feet from the first plan, gives Lot 4 the potential of developing directly off the drive and still preserves adequate space for grade changes for Lot 3. Mayor Mertensotto sta.ted that the easement document reflects a condition of approval that there will be no variances requested or granted for Lot 4 from the setback on T.H. 55 and that the future owners be put on notice that no hazdship existed except for any hardship created by the request for shared driveway. Councilmember Smith asked if there should be a variance granted for the shared driveway for Lot 4 as well as Lot 3. Mr. Zwak stated that all discussions before the Planning Commission included the drive being on Lot 4 also even though no action was taken on a variance for Lot 4. Councilmember Smith responded that the understanding of the Planning Commission was that the lot line was at the south edge of the driveway rather than straddled. Mr. Zwak stated that there was confusion at the last meeting and that he felt that the commission understood that the easement would straddle the lot line of Lot 4 as well. Page No. 4216 November 15, 1994 Mayor Mertensotto stated that procedurally, when the grading permit was issued it was stated there would not be any changed needed and it was discussed that it would be perhaps better to shaze the driveway to improve the grade situation to the parking area. He fiarther stated that he believes Council asked Mr. Zwak to use his best effort to put the drive on Lot 3. He cautioned Mr. Zwak to take the gas line and all other easements into account because of their impact on development of the lots. He stated that the applicant will need driveway setback variances for both lots and will also need a 10 foot sideyazd setback for the parlting area to improve the truck turn around azea and a sign setback variance. Councilmember Smith stated that Council had approved a variance for the rear lot line before and it is not clear that this encroaches onto the setback area. She asked if that variance will be needed. Mr. Zwak responded that it will, as it enables back in movement from the east. Councilmember Smith informed Mr. Zwak that the site plan will have to be amended to the configuration that was shown when Council granted that variance. Mr. Erickson stated that the setback will vary from 10 to 20 feet - the 20 feet being at the edge of the truck dock. Mayor Mertensotto asked what right the future owner of Lot 4 has for access onto the property. He felt that access should be anywhere along the driveway after passing the General Pump pazking entrance. He suggested that a condition should be added that Lot 4 shall have access to the shared common driveway at any point equal to or north of the driveway access to the parking lot for General Pump and that the site plan be so adjusted for file purposes. Councilmember Smith moved to approve a driveway setback variance for Lots 3 and 4, Block 1, Northland Plaza to allow a shared driveway, a ten foot sideyard setback variance for the parking area to unprove the truck turn around area, and a twenty foot front yard sign setback variance with the following conditions: a) that the applicant file the easement which establishes the shared driveway with the understanding that should the applicant desire to use the other parcel, a vacation should be sought; b) that no variances will be allowed along Highway 55 for Lot 4 due to the conditions created by the shared driveway; and c) that the plan submitted this evening be revised to show that Lot 4 shall have access to the shared Ayes: 3 Nays: 0 Page No. 4217 November 15, 1994 common driveway at any point equal to or north of the driveway access to the General Pump parking lot revised to show the tntck turn around. Councilmember Koch �seconded the motion. Council directed Genera.l Pump to file the easement and submit a copy of the recorded document to the city. PRIME NET SITE PLAN/TIF Council acknowledged a letter from Mr. Dale Glowa requesting approval of an alteration in the approved site plan for PrimeNet Data Systems to reconfigure the pazking layout. Council also acknowledged an associated report from the Administrative Assistant. Mr. Glowa reviewed the modifications, stating that the request is driven by the desire to save as many existing trees as possible. He explained that there aze two alternatives (A and B), and that the preferred Alternate (B) requires a curb cut from Pilot Knob Road. He stated that if tlus alternate is not approved, the other alternative would be to have a circulaz drive to the north pazking lot. He informed Council that he has discussed the curb cut with Dakota. County and their response was that since Mendota Heights will take over Pilot Knob Road when construction is completed they would defer a decision to the Council. Mayor Mertensotto stated that he feels multi-level parking lots are a catastrophe in the Minnesota climate and he would prefer to see a single level parking lot. Mr. Glowa responded that the only affect the multi-level lots will have from a risk standpoint is that there will be a series of stairs from the south parking lot to the building, but they will be well maintained. He explained that because the site is 20 feet lugher from the north properry line to the south property line, an added curb cut to the south property line will keep it at a level, flat elevation and create a safer condition. Councilmember Smith asked the status of Victory Avenue. Public Works Director Danielson responded that initially the developer felt that he would need to have Victory combined with the PrimeNet site but upon further consideration found it was not needed. He stated that he anticipates that a vacation of Victory will be requested in conjunction with the development of the property to the north. He informed Council that he understands that United Page No. 4218 November 15, 1994 Properties reserved the rights to the Victory right-of-way at the time they transferred the property to PrimeNet. With respect to tax increment financing, Treasurer Shaughnessy informed Council that the dra.ft agreement which was submitted with the agenda has been revised. Acting City Attomey Evan Coobs explained that changes in the dra.ft were requested by United Properties, and the major issue is that United Properties has requested that they be permitted to transfer the property after commencement of the lease to PrimeNet. He stated that they propose to sell the fee interest but PrimeNet must remain the lessee of the properly in order to receive the pay-as-you-go. Mayor Mertensotto stated that Council has restricted transfer in all other TIF agreements. Mr. Glowa responded that in this case, the TIF goes directly to the tenant with the condition that PrimeNet remains as the tenant paying the rent. He sta.ted that PrimeNet is the only beneficiary since they are paying for the improvements. He explained tha.t PrimeNet will not be purchasing the property on completion of the building but rather has a long-term lease and in order to accomplish the financing United Properties holds the interest. He stated that the language in the agreement was shuctured such that if PrimeNet defaults in paying taxes the tax increment ceases - the taac increment benefit would be gone because PrimeNet must be the tenant by condition of the agreement. Attorney Coobs sta.ted that in concept the city would be letting �� United Properties sell fee interest in the property but tax increment is conditioned upon PrimeNet keeping the taxes current and remaining the tenant. Mayor Mertensotto stated that he would like to review the revised draft of the agreement before taking action. Mr. Glowa asked if Council could give approval conditioned upon the language being satisfactory to Council, stating that contracts for the sale of the property will occur before the next Council meeting. Mayor Mertensotto responded that Council should establish the fact that the agreement meets the conditions set by Council and if the benefit is going only to the tenant the situation is the same as usual since the property owner does not gain from the tax increment except in aiding to develop the property. He suggested that the Page No. 4219 November 15, 1994 matter be tabled�to the December 6 consent calendar and if Mr. Glowa runs into problems of forfeiture on the purchase agreement a special meeting could be called. Administrator Lawell informed Council that the proof of pazking issue has been satisfied in tlie revised site plan for PrimeNet. Responding to a question from Councilmember Koch with respect to landscaping, Mr. Glowa stated that he will submit the landscaping plan for Council review within the next few weeks. The Council directed Public Works Director Danielson to review the storm drainage plan for the two pazking lots to deternline whether the plan meets the needs of the area and the two parking lots. Councilmember Koch moved to approve the revised site plan for PrimeNet dated November 4, 1994, approving Option B, with three curb cuts on Pilot Knob Road, and to table action on the TIF agreement to December 6 with the understanding that if United Properties comes into a forfeiture condition, a special Council meeting will be called. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CASE NO. 94-25, MENDOTA Council acknowledged an application from Mendota. Homes for HOMES rezoning and conditional use permit for planned unit development, along with associated staff reports, a declaration of covenants and restrictions and homeowners association bylaws. Mr. John Mathern, from Mendota Homes, was present for the discussion. Mayor Mertensotto stated that the Planning Commission unanimously recommended denial of the application and the Council has complete documentation on the denial. He stated that there is question as to the density of the project. If Mr. Mathern is proposing to have day care on one acre and 36 units on the remaining nine acres he exceeds the ordinance requirements and also exceeds the impervious surface maximum limit of 25%. He informed the audience that the major controversy is over a day caze facility to serve 117 children. Mayor Mertensotto stated that there is some disagreement as to the opinion of the traffic engineers that much of the traffic to the day care will come from existing traffic on the access roads. He informed Mr. Mathern that the city has independent evidence that the day care could generate up to 300 additional trips per day at the already busy intersection of Mendota Heights Road and Dodd Road. He explained that the concern over Page No. 4220 November 15, 1994 existing traffic prompted Mn/DOT to install traffic controls at the intersection. He recommended that Council accept the findings of the Planning Commission and support its recommendation for denial. He stated that the townhouse units aze in compliance for a ten acre site but the impervious surface and density must be corrected and the child care facility will need to be eliminated in order to meet ordinance requirements. He recommended denial of the conditional use permit and adoption of the Planning Commission findings and recommendations and further recommended that Council indicate to Mr. Mathern that one of the most objectionable parts of the proposal is the day care center. He stated that Council could deny the application with the condition that Mr. Mathern be allowed to come back with a revised plan for single level townhouse units consistent with the zoning and elimination of the day care center if the plan meets the requirements for density and impervious surface. He explained that Mr. Mathern would then not have to submit a new application and fee and would only need to return to the Planning Commission for the final plat. Mr. Mathern stated that he has no objection to the recommendation. He stated that his original application requested one level town house units and some two story units and that he would like to have to ability to build two level units by the pond. Mayor Mertensotto responded that the Planning Commission was most in favor of single story units and recommended berming along the freeway. Mr. Mathern stated that he understands that he must adhere to the impervious surface requirements but that he would like some leeway in using two story because some buyers will look for two story units. Mayor Mertensotto responded that in past discussions Mr. Mathern had indicated that the development would primarily be of interest to empty-nesters and it appeazs that low-profile units are most desirable to the Planning Commission. He stated that if Mr. Mathern proposes two story units he will be required to return to the Planning Commission. Mr. Mathern responded that he would then withdraw his request for two-story units. There being no further discussion, Councilmember Smith moved to deny the rezoning and conditional use permit and adopt the October 25, 1994 Planning Commission findings and recommendations and its entire record on the application with the condition that the Page No. 4221 November 15, 1994 applicant may retiun with a revised application for single story townhouses and a plan that meets the impervious surface > requirements without additional filing fee or appearance before the Planning Commission except for plat approval. Councilmember Koch seconded the motion. Ayes: 3 � Nays: 0 ASSESSMENT WAIVER Council acknowledged a letter from Mr. Michael Kurtz requesting waiver of a portion of a creek realignment assessment on a pazcel of property located on the northeast corner of Marie Avenue and Dodd Road. Council also acknowledged a report from Assistant Batchelder. It was noted that Mr. Kurtz also requested a front yard setback variance to a11ow construction of a home on the property. Mr. Kurtz informed Council that he has a purchase agreement with the Dakota. County State Ba�k, which has foreclosed on the property. He explained that the lot appears to have been a problem for many years and several developers have tried to develop it. He stated that several years ago the city relocated the creek at the request of a developer who wished to create three buildable sites on the property. The developer did not properly fill the azea between the old and new creeks and the water want over the banks of the creek, leaving only one site buildable. He stated that the single site would be about 30 feet deep and 85 feet wide and would need wetlands and front yard setback variances. He informed Council that he would put a conservation easement on the remaining 320 feet of the lot and leave it natural - the home owner would own the land but would never touch it. He stated that he is asking for a single home site with a conservation easement and variances and the city waiver of two-thirds of the $21,899 assessment. Administrator Lawell stated that the request is before Council this evening for concept review and consideration of the assessment request. He informed Council that the matter has not been before the Planning Commission for consideration of the variance or wetlands permit because staff felt it was pointless to bring the matter to the Commission if Council is not willing to grant the assessment waiver. Mayor Mertensotto stated that he feels the only way Council should forgive any of the assessment is if it feels the lot is buildable. He reviewed the history of the lot and creek relocation, explaining that in order for the lot to be buildable, the owner at the time requested that the creek be relocated to its present location. He stated that as he understands it, it is not a question of not putting in enough fill but Page No. 4222 November 15, 1994 rather a question of even though the creek bed is serving the property there is water leaching in and creating a problem in the front of the property. He stated that the home owner next to the lot indicated to him that he had a problem when he constxucted his home and compaction cost him $12,000 yards before he could put down a foundation. That home was allowed to be constructed in front of the normal setback because of the water and the owner did not feel safe in putting in a permanent driveway until two years ago. He stated that Council is aware of the problems with the lot but that if the neighbor is correct that water is coming through and Mr. Kurtz builds an 80 by 35 foot home on the lot it would be nearly on top of the wetlands. Mr. Kurtz responded that a Dakota County Soil and Water person visited the site at his request, but informed Council that he has not spent the money to do a wetlands delineation because he does not know what the Council's action will be on the assessments. He stated that the proposed house would be 23 to 24 feet from the wetlands. Mayor Mertensotto stated that there has been fill hauled to the lot and the azea has been leveled over time, and, according to neighbors, excess fill from developments in the azea has been brought in as well. Mr. Kurtz responded that he has an engineering report on the soils test which was done on the lot and that he would not have made the request to Council if he did not feel the property was adequate to build a home on. He stated that this is an opportunity for the city to capture a portion of the cost of the creek improvement and also to protect two-thirds of the wetlands area. Mayor Mertensotto stated that he does not think every lot in the city must be developed and that he sees no real reason why Council should approve the request. He further stated that someone would purchase the home and Council would have to live with the problems which may occur. He stated that the bank has indicated that if Council does not approve the request the property will be forfeited to the county for non-payment of taaces. He pointed out that the city can elect to take the land for conservation of the wetlands area. He stated that he does not think it is a question of the city recouping one-third of the assessment but rather whether the city is so desperate for building sites that Council should promote the development of this site which has so many problems. Page No. 4223 • Novemb � 15, 1994 Mr. John Seidel, representing�Dakota'County State Bank, asked if Council would deal with the assessment qu�stion this evening and let Mr. Kurtz try to convince the Planning Commission and Council that the lot is developable. � Mayor Mertensotto responded that there� is no reason for Council to deal with the assessment issue if it questions that the lot is developable. He pointed out that if Council were to give consensus to the assessment issue Mr. Kurtz could claim reliance on that action caused him to make an investment in planning, etc. He pointed out that Council is trying to avoid future problems. Councilmember Smith sta.ted that she has heazd some of the neighborhood concerns and one of her major coricerns over the site plan is the area between the old and new creek is� a wetland and Council has been reluctant to approve a wetlands setback less than 50 feet. She pointed out that a 35 foot setback w�ould not allow for any future development at the back of the house,�such as a deck. � Mayor Mertensotto stated that since adoption of the comprehensive plan in 1959 it has not been the city's plan to develop every possible parcel of land and Council is not going to approve Mr. Kurtz' assessment request and have him spent considerable money thinking that Council will approve development of the lot. After discussion, Mayor Mertensotto moved to deny the request for waiver of a portion of the assessments for the creek realignment project as it affects the three lots located in the northeast quadrant of Marie Avenue and Dodd Road. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 FRIENDLY HILLS STREETS Council acknowledged and discussed a feasibility report for proposed Friendly Hills street reconstruction. After discussion, Councilmember Koch moved adoption of Resolution No. 94- 81, "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT FOR THE PROPOSED RECONSTRUCTION OF FRIENDLY HILLS RE- ARR.ANGEMENT STREETS, PAGEL ROAD, HAZEL COURT, AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 6)," the hearing to be held on December 6. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Page No. 4224 November 15, 1994 LILYDALE STORM WATER Council aclaiowledged a memo from Public Works Director Danielson regarding Lilydale Storm Sewer Project No. 1(Riverrain, Riverwood and Lilydale Townhomes). Public Works Director Danielson informed Council that Lilydale has let the contract for the work and, based on the WMO formula the Mendota Heights potential cost, prior to credit from Mn/DOT, is $39,178.45. Councilmember Smith moved adoption of Resolution No. 94-82, "A RESOLUTION AUTHORIZING MENDOTA HEIGHTS TO PARTICIPATE WITH LILYDALE IN LILYDALE STORM WATER PROJECT NO. 1." Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 POND DREDGING Council acknowledged a memo from Public Works Director Danielson regarding dredging of the Lexington/Marie pond. Council briefly discussed the matter and directed staff to notify property owners within 350 feet of the pond on what will be done and invite them to contact the city if they have any questions. MENDOTA HEIGHTS ROAD Council acknowledged a memo from Public Works Director SPEED REDUCTION Danielson recommending that Council request Mn/DOT to lower the speed limit on Mendota. Heights Road. Ayes: 3 Nays: 0 After discussion, Councilmember Smith moved adoption of Resolution No. 94-84, "A RESOLUTION REQLTESTING MN/DOT TO LOWER TI� SPEED LIMIT ON MENDOTA HEIGHTS ROAD," to 30 miles per hour between Dodd and Delaware. Councilmember Koch seconded the motion. Council directed staff to advise Mn/DOT that the Council is very concerned that the speed reduction be granted because of curves in Mendota. Heights Road, the significant number of small children and the extensive use of the parks and ballfields along Mendota Heights Road. IVY HILL PARK Council acknowledged a memo from Parks Project Manager Guy Kullander regarding landscape improvements to the Ivy Hills Park. Page No. 4225 November 15, 1994 Councilmember Koch moved to adopt the Park and Recreation Commission recommendation to authorize additional monies for Ivy Hills Park landscaping and for pond expansion for a maximum cost of $20,000 plus $5,000 for landscape azchitectural services. Councilmember Smith seconded the motion. Ayes: 3 I Nays:O ; MSP PLAN Council acknowledged a memo from Administrator Lawell and draft j response to the MSP Long Term Comprehensive Plan - Altemative Environment Document. � Mayor Mertensotto reviewed the plan for the audience. Councilmember Smith suggested additional points in the draft, stating that MAC often talks about not putting noise where it has not occurred before and that is exactly what they propose with the third north parallel runway. She stated that the runway would dramatically increase traffic to the city and would make it even worse in areas that are already receiving air noise. Administrator Lawell stated that the north south runway certainly opens new azeas to noise as well as flying new portions of Eagan, Apple Valley and Burnsville. He further stated that he believes any of the expansion options would impact new areas of the city. Mayor Mertensotto suggested that the city start talking about excessive noise as another category and point out that the south two thirds of the city receives substantial noise as is substantiated by ANOMS data. He stated that adding a third parallel runway would only increase the burden and any plan to do such expansion would expand the area of objection from Mendota. Heights residents. It was the consensus to add a new section on excessive noise exposure to the response and to direct staff to send the response to the commission members in addition to the commission chair. Councilmember Smith expressed concern over the noise contours, stating that the LDN 65 used in 1992 is different from what is in the document. She stated that she would also like to learn more about assumptions on air traffic. MENDOTA HEIGHTS ROAD Councilmember Sxnith stated that she has spoken to residents in TRAIL � the area of the Dodd/Mendota Heights Road intersection and there ! are many who do not want or believe there is a need for a trail on the � north side of the intersection. Page No. 4226 November 15, 1994 Public Works Director Danielson responded that when people reach the signal lights they will need to cross the intersection and at the signal task force meeting one of the members asked that the trail be extended at least one block east of the intersection. He stated that it seems that those who immediately abut the trail on the north side of Mendota Heights Road object to the trail and since the extension of the trail was to serve that area, there does not seem to be any benefit to keeping it in the project. Councilmember Smith stated that there is a cross walk from north to south and on the north side of the intersection, from east to west. She stated that the concern had been that the residents of Bridgeview Shores would not have access to the intersection without crossing Dodd at a non cross walk intersection. Public Works Director Danielson responded that the advantage of doing the trail section from Westview Terrace on the North side of Mendota Heights to Dodd as part of this project is that it would be funded by MSA. He stated that if Council wishes to delete the trail section, the contractor would have to be notified. Mayor Mertensotto suggested leaving the trail for the time being but notifying the properiy owners that it would be a means of providing a better crossing for all of Bridgeview Shores and at the same time, asking the contractor to hold up on constructing the trail until at least April or May to allow time for Council to meet with the property owners in the spring. � ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 10:31 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor j ' ♦ 8 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL November 15, 1994 Concrete Contractor License Dale Griepp & Sons Best Blactop Hi-Tech Floors, Inc. Lxcavatioa Contractor License RCI Construction Metro Utilities, Inc. Voson Plumbing Geaeral Contractors Licease Bituminous Roadways, Inc. M & N Structures, Inc. Community construction Gas Piping Contractor License Area Mechanical Inc. S & S Plumbing & Heating � Owens Services Corporation SVAC Contractors License _ Owens Services Corporation r Drywall/Plaster/Stucco Coatractor License JBL Plastering Inc. � Page No. 4161 December 6, 1994 CITY OF MENDOTA HEIGHTS ; DAKOTA COUNTY i � STATE OF MINNESOTA .� Minutes of the Regular Meeting I Held Tuesda.y, December 6, 1994 � I Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights; Minnesota.. � Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch and Krebsbach. Councilmember Huber had notified the Council that he would be late. Councilmember Smith had notified the Council that she would be in attendance at the MASAC meeting and would be late. ; AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agerida for the meeting. ' i Councilmember Koch seconded the motion. I Ayes: 3 Nays: 0 APPROVAL OF MIIWTES Councilmember Krebsbach moved approval of the minutes of the October 18 meeting with corrections. � Councilmember Koch seconded the motion. ! Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 CONSENT CALENDAR i Councilmember Krebsbach moved approval of the minutes of the November 9 Canvassing Board meeting with conection. Councilmember Koch seconded the motion. ' I Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution; of any necessary docutnents contained therein. ; a. Acknowledgxnent of the Code Enforcement monthly report for November. � ; b. Acknowledgment of the Fire Department monthly reports for October and November. I c. Acknowledgment of the minutes of the November 22, 1994 Planning Comrnission meeting. ; Ayes: 3 Nays: 0 PUBLIC COMMENTS HEARING - TRUTH IN TAXATION Page No. 4162 December 6, 1994 d. Approval of a request from Mn/DOT to extend the expiration date of temporary easement Parcel No. 371A, in consideration of $1,300 in compensation, and authorization for the Mayor and City Clerk to execute the temporary easement document. e. Acknowledgment of a memo from the Public Works Director regazding a private watermain agreement for the Lilywood development in Lilydale and authorization for execution of an "Addendum to Agreement" with the St. Paul Water Utility, along with direction to staff to be sure the city's surcharge is addressed and to work with Lilydale to establish a procedure for future connection requests. f. Adoption of Resolution No. 94-85, "RESOLLTTION CERTIFYING DELINQUENT UTII,ITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES," and direction to staff to certify the resolution to the County Auditor. g. Approval of a Contract for Private Development with United Properties and authorizing the Mayor and City Clerk to sign the appropriate documents (PrimeNet TIF). h. Approval of a Contract for Private Development for General Purpose Tax Increment and authoriza.tion for its execution by the Mayor and City Clerk. (General Pump) i. Aclalowledgment of the Treasurer's monthly report for November. j. Approval of the list of contractor licenses dated December 4,1994 and attached hereto. k. Approval of the list of claims dated December 4, 1994 and totaling $452,559.14. Councilmember Koch seconded the motion. Mr. William Knaus asked questions about the city's bonded debt and the abatement of taxes on commercial property because of tax increment financing. Mayor Mertensotto opened the meeting for the purpose of conducting the annual Truth In Taxation hearing. Page No. 4163 December 6, 1994 Treasurer Shaughnessy informed Council and the audience on anticipated general fund revenues and expenditures, the proposed tax levy, and enterprise fund revenues and expenditures. He informed the audience that the 19951evy and budget cannot be adopted this evening but will be considered for adoption on December 20. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved to close the hearing and call for a subsequent hearing on December 20 at 7:30 p.m. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 HEARING: FRIENDLY HILLS Mayor Mertensotto opened the meeting for the purpose of a public STREET RECONSTRUCTION hearing on proposed street improvements. Council acknowledged � receipt of a feasibility report update from Civil Engineer Mogan. Council also acknowledged a letter from Rev. & Mrs. Donald Wilke, 2881 Aztec Lane, in support of the project, and a letter from Mr. Robert Weinzettel, 2126 Dodd Road, objecting to the inclusion of his property in the project. Public Works Director Danielson gave Council and the audience a history of the proposed project and reviewed each of the fifteen . Friendly Hills Task Force findings. He explained that as the result of the task force report, some properties which were not originally included within the project area have been added because they drain to the area. Also, Pagel Road street and storm sewer improvements and Hazel Court street improvements have been included in order to take advanta.ge of the economy of a large project. Mr. Danielson informed the audience that the proposed assessment for Friendly Hills and Pagel Road street and storm sewer is $2,700 per lot, and storm sewer (only) assessments are proposed to be $760 per lot. He informed the audience that senior citizens and low income property owners can request assessment deferments and explained that deferred assessments plus accrued interest become payable when a property is sold. Mr. Robert Weinzettel asked how property owners can challenge their assessments. Public Works Director Danielson responded that owners must give written notice to the city at the assessment hearing. Page No. 4164 December 6, 1994 Mr. Danielson reviewed income for the project, stating that one source of income is the inclusion of properties along Dodd Road which drain to the district and whose surface water contributes to the drainage problems. Those properties include the old fire�station site, pazk property, and commercial and residential properties. He discussed surface water and ground water management, explaining that curb and gutter will help keep surface water from becoming ground water but it will not solve ground water problems. He stated that connections for sump pumps will be made available to assist with the ground water problems. Mr. Danielson stated that there was considerable task force discussion of traffic and speed on Decorah. He informed the audience that one thing that can be done is to insta111andscaping along the undeveloped portion of the street and to narrow tha.t portion to 28 feet rather than the 33 foot width on the remainder of Decorah. He discussed several ways to reduce speeds, including painting a center line and edge lines and limiting pazki.ng to one side of the street. He informed the audience that the task force does not recommend realigning Decorah with Wagon Wheel. He stated that another goal of the project will be to lower the intersection of Pagel and Keokuk, depending on costs. Mayor Mertensotto stated that the task force recommendations appear to increase the quality of the project and reduce the costs. He stated that the city contribution on the proposed project, using infrastructure reserve, MSA funding and other sources, is anticipated to be between $750,000 and $900,000. He explained that this is the first project which was proposed under the street rehabilitation reconstruction policy and there will eventually be some bonded debt for future rehabilitation/reconstruction projects because all property owners will have to be treated the same. He stated that there may be some difficulty putting the funding package together. Mayor Mertensotto asked for questions and comments from the audience. Mr. Tom Weinzettel stated that when the task force was set up it was to be a cross-section of the neighborhood so that each neighborhood � would be represented. He stated that the Dodd Road property owners were not represented on the task force and some time during the committee meetings they were arbitrarily included within the project area even though they had no chance for representation. He felt that this skews the report and that the task force over-stepped its bounds. Page No. 4165 December 6, 1994 Public Works Director Danielson responded that it is true that the properties were added during the task force studies and this is the first time the property owners have heard the proposal. He stated that the properties on Dodd aze only included in the storm sewer portion of the project and not the street portion. Mayor Mertensotto stated that there could not be too large a task force but the Dodd Road property owners should have been notified after the task force made its decision. He explained that the process is not skewed since the task force only makes a recommendation and Council must make the ultimate'decision. Mr. Tom Weinzettel stated that he lives on Aztec and wants the street project but if the city is concemed about expanding the project because of run-off, the project could be expanded all the way to Delaware. Mr. Robert Weinzettel stated that none of the Dodd Road property owners were included on the committee and their rights were violated. He stated that the committee wants to reduce the assessments but should not pick on those who aze not affected by the project. He further stated that he wants the city to show him where the water is coming from in his driveway. He stated that the project will upgrade the Friendly Hills properties but not the properties on Dodd Road, and that in 1992 the Council said the Dodd Road properties would be excluded from the project. Mrs. Laurita Weinzettel stated that about fifteen years ago Council tried to put in a drainage ditch in Friendly Hills. She informed Council that she has lived at her address for 44 years and the people in Friendly Hills bought their homes at the bottom of her hill. She felt that they should have known that water nuis down hill and that they are benefited by the project but she will not be and every time Friendly Hills has a problem she is asked to pay for it. Public Works Director Danielson responded that staff can do some surveys and if the water does not dra.in to the area the properties can be excluded. Mayor Mertensotto asked how many properties were added. Public Works Director Danielson responded that eight residences and businesses along Dodd were added. He explained that to determine the storm water rate staff figured every home within the Page No. 4166 December 6, 1994 drainage district benefits the same, and the total cost was divided by the number of properties. Mr. John Maczko stated that he was a member of the task force and one of the issues that came up during the first feasibility hearing was the amount of surface water that was draining off the fire station property and the residences and businesses on Dodd. He further sta.ted that when the task force was put together there was no intent to exclude anyone and when the matter came up everyone on the task force felt the park and fire station and businesses all need to pay their fair shaze but there can be no equity if everyone else pays but the residential property on Dodd does not. He stated that if everyone lived at the top of a hill there would never be a drainage problem. Mr. Mike Blake, also a task force member, stated that there is a pipe that runs from the ball field to Hokah that contributed a substantial amount of water as well as the fire station. The task force felt those properties should be included and that since the water from the residences on Dodd drains down the hill, the committee felt that everyone who contributes surface water to Friendly Hills should be included in the project. He explained that the original intent was the fire station and park should be included as well as the Friendly Hills Pazk. Mr. Maczko stated that the properties on South Plaza were not included because they received a storm sewer project several years ago and cannot be assessed twice for the same improvement. Ms. Renee Schmitt, 729 Mohican Court, stated that she has curb and gutter and storm sewer akeady and that it was paid for by Marvin Anderson when the Bridgeview Shores project was done. She asked why she is being assessed and stated that she has four neighbors who are in the Bridgeview Shores development and they are not being assessed. She did not feel she will benefit from additional curb and gutter. She stated that when the Bridgeview Shores project was done she was told she would not be assessed for that project. Public Works Director Danielson responded that Ms. Schmitt's lot is part of the Friendly Hills neighborhood and that it is proposed that the lot be assessed the same as her neighbors' lots. Engineer Mark Mogan informed Council that the Marvin Anderson development is excluded because they were assessed for storm sewer as part of the Bridgeview Shores development. Twenty lots in the development were assessed for storm sewer and Ms. Schmitt's Page No. 4167 December 6, 1994 lot was not. He did not think there are any storm sewer catch basins in front of her home but stated that he will check. Public Works Director Danielson explained that curb and gutter was extended to Ms. Schmitt's lot as part of the Bridgeview Shores project and she benefited from it but was not assessed. He stated that if the city does not assess for this, her lot would be the only property in the entire area around her lot wluch would not have been assessed for street and storm sewer. Ms. Schmitt responded that she will get nothing new out of the project and was told earlier that should would not be assessed for it. Mr. Bill Burke stated that whenever there is a rain storm lots of water comes down Decorah from the west. He asked where the water comes from and why that was not considered as part of the drainage area. He also asked about the width of Decorah. Public Works Director Danielson responded that Decorah is proposed to be 33 feet wide, the same as all the streets in the area. He explained that all of the other streets will have two driving lanes and two parking lanes on both sides but because Decorah is an MSA street, the state will not a11ow parking on both sides if it is only 33 feet wide. Mr. Blake pointed out that the task force wanted to keep Decorah the same width as the others to keep traffic from speeding up because there is perceived to be more room. He stated that on the 28 foot wide segment there would be no pazking allowed on either side of the street. Mayor Mertensotto asked what a 38 foot width would do to the front yards on Decorah. Engineer Mogan responded that the city would have to take 2 1/2 feet of the front yard area on both sides of the street. Mr. Mike Coonan asked where the $1,000 reduction (from the first feasibility hearing) in the proposed assessment rate came from. Public Works Director Danielson stated that the task force did not do the detains on the money. He explained that the reason for the reduction was that all of the MSA contribution for Decorah was included in the financing - the prior policy stated that the city would not include all MSA funding. Also, sta.ff re-estimated the project because of recent bids, the assessment area was expanded to include Page No. 4168 December 6, 1994 properties which contribute storm water, including the park land, and the type of pipe proposed to be used for the�project was changed from concrete to plastic. Mayor Mertensotto stated that some properiy owners will be able to install pipe from their homes to the storm sewer to drain their sump water if they desire. � Councilmember Huber arrived at 9:15 p.m. Mr. Coonan stated that a big shaze of the water comes from T.H. 149 across the highway from Wagon Wheel Trail and from Mendakota Estates. Public Works D'uector Danielson stated that sta.ff can contact the sta.te to see if Mn/DOT will contribute to the costs. Mr. Edwazds, property owner at the corner of Dodd and Decorah, stated that there is a culvert that brings the water down Wagon Wheel into his yazd and there is no outlet. Public Works Director Danielson responded that sta.ff will look into the matter. Mayor Mertensotto stated that there aze eight properties on Dodd who have been included in the project and Council must resolve whether they should be included. He asked what can be elimixiated in the project to reduce the costs by $800 for each of those properties. Engineer Mogan responded that the intake is proposed such that the commercial property can be redeveloped without additional storm sewer work outside the property line. He explained that this could be done when the property develops but that would disrupt the Friendly Hills properties again. Responding to a question from Councilmember Krebsbach, he stated that it is proposed that the commercial properties along Dodd be assessed at a higher rate than the residences, on an equivalent basis, to reflect the increased surface water they contribute. Mayor Mertensotto expressed concern over setting a precedent on use of MSA funds and asked what the excludable MSA costs aze. Public Works Director Danielson responded that in this case MSA funds can be used to help write down the project costs, and that he Page No. 4169 December 6, 1994 does not know whether that establishes a pro rata assessment in the future. Mayor Mertensotto stated that what is proposed obviously represents a change in the street rehabilitation policy that Council needs to look at. He stated that the proposed cost to the city is almost $1 million and that will come from tax dollazs. He pointed out that this is just the first project under the policy and he is concerned about setting a precedent, and when the infrastructure reserve funds are gone the city will have to levy. Mr. Maczko sta.ted that the task force discussed and had a strong consensus that $2,300 to $2,500 was the range of benefit to the properties. He sta.ted that MSA funding offsets the negative impacts to the neighborhood for having a MSA street. He suggested that the storm water utility be used to assist in financing. Treasurer Shaughnessy explained that the storm water utility was intended for infrashucture rather than neighborhood water problems. He informed Council that the Ivy Falls Creek project cost $850,000 rather than the $1.2 million that had originally been estimated. Mr. Roger Plath stated that there are two azeas of discussion. He stated that the water in the Edwards yazd is coming from the Wagon Wheel azea. He asked if the Wagon Wheel area should be included now and felt that they should have been included in the beginning. He stated that the water coming down Decorah and on Pontiac is what started the problem and the erosion on the streets and the Decorah/Wagon Wheel water problem has not been addressed. He stated that the speed on Decorah is terrible and wlule he thinks the project is excellent something must be done to slow the traffic down. He suggested a stop sign at Decorah and Apache to make it inconvenient for people to use Decorah or speed on it. Mayor Mertensotto asked Mr. James Losleben if those on Pagel Road and Hazel Court are in favor of the project. Mr. Losleben responded that he wants the project and believes his neighbors do as well. He asked what the plan is for Pagel Road and if there is any plan to continue the Bridgeview Shores walkway along Pagel to Dodd. Public Works Director Daruelson responded that Pagel is proposed to be curbed so that the entire project will look the same. With respect to the walkway, he stated that it was decided by the ta.sk Page No. 4170 December 6, 1994 force that sidewalks were not part of their charge. He pointed out that sidewalks are always controversial. Mr. Losleben requested that the intersection of Pagel and Keokuk be considerably reduced in height. He stated that all three streets that intersect go up hill. Engineer Mogan stated that there are some utilities that may be impacted if the grade is reduced and he does not know how deeply the grade can be cut. He stated that he believes it can be reduced four feet without much impact. Mayor Mertensotto agreed that the intersection grade should be reduced as much as possible. Mr. William Simek sta.ted that he would like the city to think about the trash trucks in the area. He stated that he had the misforlune of having one owned by someone who lived in the neighborhood and now there are several haulers picking up trash in the neighborhood. He stated that he is tiying to get the neighborhood to use just one hauler if possible because the trucks take a terrible toll on the road. He stated that he believes it would be beneficial for the neighborhood to bid for the service, and asked if the city would consider taking bids if the neighborhoods could get together. Mayor Mertensotto responded that the suggestion would take a great deal of study. He informed the audience that the proposed project is a city-initiated project which requires a four-fifths vote of Council, so action cannot be taken this evening. He stated that he feels Council will ha.ve to take a strong look at committing $900,000 of city funding, should also look at whether the properties on Dodd should be assessed and should get information on the water which is coming from Wagon Wheel. He stated that Council should consider how much money the city may be able to pick up via the storm water utility fund, even though he realizes it was not intended for this purpose. Councilmember Krebsbach stated that she is interested in the commercial properties on Dodd making a contribution and asked if all the residential properties need to be assessed as well. She asked if there is some way those properties can be removed from the project. She stated that she supports the project and commended the neighborhood, the task force and city staff. Mayor Mertensotto stated that he is sure there is not 100% neighborhood agreement but the task force has done a great job. He Page No. 4171 December 6, 1994 further stated that he supports the project and hopes design can �egin �'• in the spring but Council must take a closer look at funding. He informed the audience that Council will ask staff to report on projections for what kind of precedent would be set for future projects. Councilmember Koch stated that she has always believed something must be done and that the task force has done a good job of reaching its goal of finding something everyone in the neighborhood can live with. She stated that she is in favor of the project but is concerned about funding. Staff was directed to keep the Dodd Road property owners informed. RECESS Mayor Mertensotto called a recess at 10:08 p.m. The meeting was reconvened at 10:22 p.m. BROOKFIELD LANE Council acknowledged a report from Public Works Director CONDEMNATION regazding condemnation of an access easement over Brookfield Lane along with a letter from Mr. Les Achman notifying Council of the Kensington Manor Home Association vote with respect to granting access. Council also aclaiowledged an appraisal of the value of proposed driveway easements over Brookfield Lane prepared by Blake Davis. Mr. Bill Lentsch was present for the discussion and informed Council that he was awaze of the association's action and the appraisal value. Mayor Mertensotto stated that the representatives of the Manor Home Association ha.ve stated that the matter is out of their hands because the association members have refused to grant the easements, therefore the city must proceed with condemnation. He explained that the association boazd cannot grant a private easement without approval of the membership and thus the board has advised the city to proceed with the condemnation. Councilmember Krebsbach moved to find that the condemnation proceeding is for a public purpose to provide access to an otherwise landlocked parcel and to adopt Resolution No. 94-87, "RESOLUTION DIRECTING THE ACQUISITION BY CONDEMNATION OF CERTAIN STREET EASEMENTS IN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, and to authorize the City Attorney to take the steps necessary to proceed with condemning driveway access for Outlot B of the Mendota. Woods Addition. Page No. 4172 December b, 1994 Counciimember Huber seconded the mat�on. Ayes: 4 Nays: 0 CASE NO. 94-35, LEE Council acknowledged an applzcatian from Dr. Barbara Lee for sign setback variance, along with associated memos from�Administrative Assistant Batcheider and the City Planner. . Llr. Barbaza Lee summarized her request for a new sign for her dental affice lacated at 7$p South Plaza Drive. She explained that if the sign were setback in accordance with the ordinance, it could not be seen because of existing landscaping. She stated that she would like to have the sign autside the property iine, cioser to the curb. Dr. Lee informed Council that she is aware of the five conditions recommended by #he Planning Commission and stated that she would prefer not to agree to the condition wluch would require the sign Iighting ta be tvrned aff one half hour after the close of business each day and the conditian that a minimal level of illumination intensity be used. She stated f.hat all of ihe other businesses an South Plaza leave their lights on at night - Holly Homes lights are on aII night as are the lights at the shopping center and MeDonalds. Dr. Lee stated that the requirement over the level of illumination is open ta inte;rpretation and should be based an samething measurable. She inf'ormed Council that she was not present at the commissian meeting and did not anticipate problems. She sta.ted that the commission recommended tha.t the sign be 22 feet from the curb which would put it behind a raw of existing pine trees where it could not be seen, and she is trying ta avoid removing any trees. Administrative Assis#ant Batchelder stated that the Planning Commission recommended a 20 foat setback variance to allow the sign to be placed ten feet from the property line. Mayor Mertensotta suggested that the applicatian be referred back tfl the Planning Commission for clarificahon of its recommendations. Mr. Bob Sherlock, representing SignArt, stated that the Planning Commission was adamant abaut the five recommended cantlitions. He stated that his basic concern is that one of the members brought up the illuminatian of the sign and the proximity ta the street as the biggest factors but the ten residents closest to the property had na objectians. He expiained that the sign is intemally iliuminated, but only the lettering will be lit - the background will not. He stated that the Platu�.ing Commission had recammended that all ezcisting signs be removed and Dr. Lee has agreed to the condition. Page No. 4173 December 6, 1994 Mayor Mertensotto stated that there is no standard on minimum illumination and a standard should be established. He informed Mr. Sherlock that the Council and Planning Commission are very strict about signage. Responding to a Council question, Dr. Lee informed Council on her hours of operation. She stated that it would be nice to have visibility of the sign for those who pass by to go to the bank at night. She informed Council that she would not be available to attend the December Planning Commission meeting. She stated that there is no point in going to the expense of a sign if it is not going to be visible and further stated that the sign is for new patients. Dr. Lee asked if an illuminated roof sign, like those at Holly Homes and the day care center, would be more acceptable. Councilmember Krebsbach stated that there is much sign clutter along 5outh Plaza and the commission was likely trying to minimi�e the clutter. She informed Dr. Lee that Mendota Heights is a very quiet community in terms of evening lighting. Councilmember Koch stated that in reading the Planning Conunission minutes it appears that they wanted to accommodate the request and they felt the recommendation, with the five conditions, was the best they could do. She did not think that any purpose would be served by sending the application back to the cominission. Responding to a Council question on which of the five requirements she could meet, Dr. Lee responded that she will remove all signage (condition 5) and the condition that redevelopment or intensification of the use will require all signage to meet city setbacks (condition 4), and that she will accept the condition on reduction in the height and width of the sign (condition 2). She stated that she is not happy with the first condition (illumination to be turned off half an hour after close of business), the recommended setback, and the condition about minimal level of illumination intensity since the minimum level of illumination is undefined. She suggested a compromise to allow her to keep the sign illuminated until 10 p.m. Administrative Assistant Batchelder informed Council that at the Planning Commission meeting, Commissioner Tilsen raised the issue of the intensity of the illumination. He explained that Mr. Tilsen lives neaz the Country Day School and its illuminated light is on all night and is extremely briglat. Mr. Batchelder informed Council that in residential districts the ordinance states that lights cannot be cast off the properiy but that there is no standard for Page No. 4174 December 6, 1994 business districts. He stated that the Planning Cominission has asked staff to draft a proposed aznendment to the zoning ordinance which would define a standard that is a low intensity. He stated that the Planning Commission was concerned that the sign would be used to advertise to cars on Dodd Road rather than to identify the business, and they did not want the sign on all night. Dr. Lee's husband stated that if the sign is located at the 20 foot setback it would be invisible from the east and west. Regazding illumination, he stated that it would be better if Council just picked a time of day when the illumination should be turned off rather than saying it must be off half an hour after the close of business. Dr. Lee stated that she agrees to all of the Planning Commission's conditions except those relating to illumination and setback. She stated that the sign probably will not be installed until spring because underground electrical work must be done. Mayor Mertensotto stated that the application was not properly addressed to the Planning Comm.ission and the applicant did not request a specific location for the sign. He suggested that the applicant return to the Planning Commission and specify her parameters. Councilmember Huber stated that he would like to see Dr. Lee make a specific proposal to the commission, taking into account the e�sting trees and placing the sign at 18 feet. The application for variance was referred back to the Planning Commission for consideration at its January meeting. CASE NO. 94-37, Council acknowledged an application from Mr. Art Werthauser for WERTHAUSER conditional use permit for filling at 1020 Sibley Memorial Highway, along with an association report from the Public Works Director. Mr. Werthauser stated that the Planning Commission unanimously recommended that the conditional permit be approved subject to four conditions which he has agreed to meet. He informed Council that he had offered to do some work on the Moore property but Mr. Moore refused to grant him a right of entry, so the Planning Commission directed him to do whatever is possible on his property to direct drainage away from the Moore property. After brief discussion, Councilmember Koch moved to approve the Planning Commission recommendation and adopt Resolution No. Page No. 4175 December 6, 1994 94-88, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION FOR 1020 SIBLEY MEMORIAL HIGHWAY." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 94-32, HEAVER Mr. Keith Heaver, representing Heaver Design and Construction, was present for continued discussion on his application for the division and combination of three lots in the North Ivy Hills Second Addition. Council aclaiowledged a report from Administrative Assistant Batchelder. Council also aclaiowledged receipt of surveys of the new pazcels (A, B and C) prepared by Jim R. Hill, Inc. Council also acknowledged ownership and encumbrance reports on the lots. Mr. Heaver explained that he proposes to divide the east ten feet fram Lot 1 and combine it with Lot 2, and divide a"Y" shaped portion of the easterly side of Lot 2 and combine it with Lot 3.. Mayor Mertensotto asked if the division/combination will allow Pazcel A to be satisfactory for conshuction of a home commensurate with the other homes in the subdivision without the need for any variances. Councilmember Huber stated that any subsequent owner of the pazcel would have to agree not to request any variances on the basis that Mr. Heaver created a hazdship. Mr. Heaver responded that no future variances will be needed for the pazcel. He sta.ted that a typical lot in� Mendota. Heights is 100 feet wide which would allow a maximum house width of 80 feet, and this lot would support a 100 foot wide home at the 30 foot setback line. Mayor Mertensotto asked if Mr. Heaver is willing to grant the city drainage and utility easements. Public Works Director Danielson informed Council that Mr. Heaver has executed easement documents, which had been prepared by city staff, for Lots 1 and 2. Mayor Mertensotto pointed out that there is a new five foot easement on the west property line of Lot 3 but the property owner, Mr. Salmen, has not signed an easement document. Ayes: 4 Nays: 0 Page No. 4176 December 6, 1994 Mr. Heaver informed Council that he has to traiisfer a deed for the new Lot 3 to Mr. Salmen and he will have Mr. Salmen sign the easement document at that time. He explained that Mr. Salmen is aware that an easement is required and is willing to grant it. Attorney Hart stated that the action which is necessary is not just lot subdivision, but also is lot combination. He stated that the proposed resolutions to approve the requested action must be revised to add "combination" wherever lot division is addressed. Mayor Mertensotto expressed concern that the resolutions be recorded at the County so that future buyers of the lots laiow the history. He advised Mr. Heaver that he should do all of the document recording at the county at his expense and show proof of recording to the city. Mayor Mertensotto stated that approval of the division/combinations should be conditioned that the city receive a signed easement document joined in by the owner of Lot 3 as well as Heaver Design and Construction and further that the lot split documents and survey would be recorded at the applicant's expense and show proof of the easement recording to the city in the form of a receipt from the County Auditor. Councilmember Koch moved adoption of Resolution No. 94-89, "A RESOLUTION APPROVING A LOT DIVISION AND COMBINATION FOR LOTS 2 AND 3, NORTH IVY HILLS SECOND ADDITION," and Resolution No. 94-90, "A RESOLUTION APPROVING A LOT DIVISION AND COMBINATION FOR LOTS 1 AND 2, NORTH IVY HILLS SECOND ADDITION," amended to show the combination of properties after the lot split, conditioned that Heaver Construction show proof of documents to the city where he has granted easements along all the property lines and entered into by Mr. T. Jay Salmen (owner of Lot 3). Councilmember Krebsbach seconded the motion. Councilmember Smith arrived at 11:08 p.m. HEARING: EASEMENT Mayor Mertensotto opened the meeting for the purpose of a public VACATION hearing on application from Mr. Keith Heaver for the vacation of drainage and utility easements over portions of Lot 2 and 3, Block 1, North Ivy Hills Addition. Mayor Mertensotto asked for questions and comments from the audience. Page No. 4177 December 6, 1994 There being no questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 94- 91, "RESOLUTION APPROVING VACATION OF DR.AINAGE AND UTILITY EASEMENTS." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA MEADOWS Council acl�owledged a memo and draft purchase agreement from Administrator Lawell relative to acquisition of Outlot B of the proposed Mendota. Meadows plat. Administrator Lawell informed Council that the purchase agreement is timed such that the Mendota. Meadows plat will have received Council action before the closing date. He also informed Council that Mr. Putnam has agreed to the representations regazding environmental laws. Councilmember Smith suggested that there should be a representation in the purchase agreement that there is no well on the property. City Attorney Hart suggested a number of changes to the agreement and stated that Council should decide if it wants to get title insurance. He stated that the city should try to get more than seven days to make a decision on title insurance. After discussion, Councilmember Koch moved to authorize the purchase of Outlot B, containing approximately 1.34 acres, more or less, as proposed in the plat of Mendota Meadows and to authorize the Mayor and City Clerk to execute the purchase agreement as amended: to add that the seller warrants there aze no wells on the property; to add a section 5.03 to require the seller to provide a warranty deed in recordable form and pay all state deed tax a.nd conservation fees; to revise 2.3 to add "or risk of liability as determined by the buyer;" to change 7 days to 10 days in Article 3 for examination of title; and to add the word "none" after exceptions in Article 3(a). Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ORDINANCE REVISIONS Council acknowledged a memo from Administrative Assistant Batchelder regarding prioritizing consideration of ordinance Page No. 4178 December 6, 1994 revisions. The consensus of Council was that the tree preservation ordinance is the top priority, followed by athletic stadiums critical azea ordinance and detached garages in the R-1 District. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. � Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:48 o'clock P.M. Kathleen M. Swanson City Clerk I�4��1��A1 Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BF APPROVED BY CITY COUNCIL December 6, 1994 Concrete Contractor Licease Al1 In Concrete Jim Gallagher Masonry Excavation Coatractor License Murr Plumbing, Inc. Geaeral Contractors License Lilyholm & Lilyholm Inc. Single Ply Systems Spancrete Midwest Company Viking Fence & Construction Gas Pipiaa Coatractor License Doody Mechanical Inc./United Sheet Metal SVAC Coatractors License Doody Mechanical Inc./United Sheet Metal' 0 � CITY OF MENDOTA HEIGHTS DAROTA COUNTY, MINNESOTA R.ESOLIITION NO. 95- RSSOLIITION ESTABLISHING 1995 CITY DEPOSITORIES OF FIINDS BE IT RESOLVED by the City Council of the City of Mendota Heights, that the following institutions be designated as depositories for City funds and securities for 1995: Dakota Bank Signal Hills State Bank Norwest Bank of Minnesota Cherokee State Bank First Bank of Minnesota American Bank Minnesota Municipal Money Ma.rket Fund Prudential Securities Inc. Juran and Moody Inc. Dain Bosworth Co. BE IT FIIRTHER RLSOLVED that investments of City funds be in any securities authorized by Minnesota Statutes Chapters 118.17, 475.66 and 471.56. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1995. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST Kathleen M. Swanson City Clerk a � CITY OF MENDOTA H$IGHTS DAKOTA COUNTY, MINN�SOTA RESOLIITION NO. 95- RESOLUTION ACCFsPTING PLEDGLD SLCIIRITILS FOR 1995 m WHEREAS, every designated depository of City funds must provide collateral or other security to the City to protect against financial loss, pursuant to Minnesota Statutes Chapter 118.01 and 427.01; and �H$REAS, all financial institutions designated as depositories for 1994 are member of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits; and �HEREAS, the City's deposits in financial institutions routinely exceed these established limits necessitating the provision of additional security. NO� TBERSFORL BE =T RESOLVF�D that the following pledged securities be accepted by the City as additional collateral for calendar year 1995: Dakota Couaty State Bank $500,000 Fed. Farm Cr. Bank 4.23� due 08-04-95 $100,000 U.S. Treas. Note 4.375� due 11-15-96 Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1995. � ATTEST Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor CITY OF MENDOTA HEIGHTS MEMO December 29, 1994 T0: Mayor and City Council FROM: Tom Lawell, City Administr t SUBJECT: 1995 CDBG Grant Application INTRODIICTION Each year the City of Mendota Heights receives a share of Dakota County's Community Development Block Grant (CDBG) Funds. By January 30, 1995, the City's application for 1995 funding must be returned to the Dakota County Housing and Redevelopment Authority (HR.A). It is the intent of this memo to present a draft CDBG Funding Application for Council consideration. DISCIISSION Attached to this memo please find correspondence from the Dakota County HRA regarding this year's CDBG Application. Although it is not yet known what the 1995 CDBG allocation for Dakota County will be, it is currently estima.ted to be approximately the same as last year. Should this hold true, the City's anticipated allocation will be approximately $50,000. For the past three consecutive years, the City of Mendota Heights has allocated its annual CDBG allotment towards the acquisition of a senior housing site within the community. Assuming it remains the City's desire to work towards the construction of such a facility, the attached draft CDBG Funding Application has been prepared in a manner nearly identical to the past three years. Because the actual site location is not yet known, the application is necessarily general. At the present time, the Dakota County HRA is favoring the site located east of the Dakota County State Bank at the end of South Plaza Drive, and they are currently investigating site ownership issues. As a preliminary total site acquisition budget, a figure of $200,000 has been identified. Costs associated with constructing the forty unit senior housing facility will be the responsibility of the Dakota County HR.A. If approved, the consideration to the Committee is comprise within the District, representative on the RECONIl�NDATION City's application will be submitted for CDBG Distri.ct 2 Review Committee. This d of City representatives from those Cities and Councilmember Koch is our appointed Committee. The provision of affordable senior housing has long been identified as a goal of the City, and as such, I recommend that the attached application and approving Resolution be adopted for submittal to the HRA. ACTION REQIIIRED Should Council concur with the recommendation, a motion should be made to adopt Reaolution No. 94- A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR. 1995 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. �:i:�� Y � OTA COUNTY Housing cSz Redevelopmeiit Authority G12-423-4800 249G-145th Se. W. • Ruscmuunt, MN 550G8 • T.D.[). 612-4Z3-SI$2 • FAX 612-423-8180 MEMORANDUM k _ TO: Participating Cities in CDBG District 2��1�y1�' `'�U' =�' ` FROM: Lee Smith, Community Development Supervisor i���(�. DATFS: 12/6/94 �� RE: Dakota County Community Development Block Grant (CDBG) Program Application for 1995 Enclosed is the application form for Dakota County's Community Development Block Grant Program for Fiscal Year 1995. This form, with supporting documentation and a resolution of the governing body of the municipality (a form of resolution is provided for your information), must be returned to the Dakota County HRA no later than January 31, 1995. The funding amount for FY1995 is not known at this time. In 1994, the County received $2,016,000, of which amount District 2 was allocated $473,295. Funds are awarded to applicants within the District on a competitive basis; the contribution of each City to the total District allocation is also a consideration in setting funding amounts. We suggest that you use the 1994 funding amounts as a guide when preparing your 1995 application. We will contact you when the 1995 funding amount is known if application requests need to be amended. CDBG Program funds generally can be used for projects that provide a benefit to persons of low and moderate income or that aid in the elimination of slums or blighted conditions in communities. If you have questions about the program or about the eligibility of proposed activities, please call this office. Questions should be directed to me at 423-8113 or to Diane Nordquist at 423-8112. Either of us will be happy to assist you in preparing an application or in documenting the eligibility of a proposed activity. CDBG recipients with on-going projects may also request reallocation of unused funds at this time, if desired. Please call us to discuss the reallocation process. CDBG Program funds for FY1995 will not be available for expenditure on project activities until after July 1, 1995. In order to meet all documentation required for funding approval by the Department of Housing and Urban Development we must begin the application process at this time. Your cooperation in meeting the proposed application deadline will be greatly appreciated. We look forward to working with you in 1995! "AN EQUAL OPPORTUNITY EMPLOYER" � i : � � �r:::x:. �:�;� :s;�, ._,.:;ta_ ._... .;�. • . �:':�:- .. �:�. .!�~ ..._.w.._.__. _. .__ ••- _. .. ._. _..-"-_»_��......_.�..:�::"�'i' �--.. 0 . • � �., .. � .�t�" .. . .. ADDENDIIM The Dakota County Economic Development Partnership is proposing to establish a County-wide Revolving Loan Program using CDBG funds. Scott Beckman, the Partnership's Directcr, will be contacting Cities and Townships participating in the County CDBG Program to discuss the possibility of municipalities contributing CDBG funds to such a Revolving Loan Program. Interested parties can also contact Mr. Bec3anan at 423-2281. Economic Development activities are CDBG eligible when job creation or retention provides a benefit to Low and Moderate Income persons. :�,r; -•: • =:�;�;:.. �a-• ;,;. �:�,:;• �=us: : Y�'- �Y �� .:Y) ��� ::ia't. - � .� . i:.x;==;Eti • xr.x_ �• :: ; x:::: . �:.;fw w.� . � ;�;. �`�: ��� -:.�: :. ;�'t•'n. .,zf�: :rfr: •t,.t ..:tr: , �•y.> ::.�. '•.r: �1^:= ,'-i:: f_: Dakota County Community Development Block Grant Proposal Fiscal Year 1995 City of Mendota Heights Legal Name of Applicant • 1101 Victoria Curve Legal Address of Applicant 2 Community Development District Mendota Heights MN 55118 City State Zip Tom Lawell Contact Person City Administrator 452-1850 Title Phone Number Mendota Heights Senior Housing Project Project Name The City intends to assist in the acquisition of property within Mendota Heights to accommodate the construction of a Dakota County HRA Senior Housing facility. Brief Description of Project Amount Requested \CD\cdbg-pro 1. Has this project received funding CDBG before? X Yes No 2. Project duration: One Year X Other (Specify): 3. 4. 5. Proposed beginning date: Proposed completion date: Prouertv acquisition work now ,�n�Prwa�_ Grant funds will be used for: � Acquisition Clearance Activities Disposition Economic Development Planning Public Facilities Public Services Rehabilitation Other (Specify): Federal objective addressed (attach documentation): � Benefit to low and moderate income persons - Total number of persons benefittingi o4� - Percentage of low/moderate income. Aid in the prevention or elimination of slums and blight Alleviation of tirgent community development need General description of the project (include project goals and importance to community): In cooperation with the Dakota County HRA, the City will locate and acquire property suitable for the construction of a 40-unit senior housing complex. The City desires to provide low and moderate income senior households with affordable housing that is decent and attractive. Evolving community demographics underscore the need and importance of senior housing within Mendota Heights. �. Description of project area (attach map): � Based on site analysis criteria developed by the Dakota County HRA, the actual project site will be determined within the corporate boundaries of Mendota Heights. 7. Construction schedule: � Not Applicable Applicable If applicable: Estimated date construction will begin: Estimated date construction will be completed: 8. Project cost: Total project cost: $ 200,000 Amount of C.D. Grant requested:$ 50,000 (Percentage of total project cost): 25 � Source and amount of other revenue: Previous CDBG Funds $ 150,000 $ $ 9. Budget summary by activity: 1992, 1993, 1994, 1995 Activity CDBG Other/List Source Total Property Acquisition $ 200,000 $ S � $ $ 200,000 Source: S S Source: S S Source• S S Source: 10. e Additional supporting items submitted with proposal (check if attached): Xx xx Benefit documentation (See question 4) Resolution of governing body requesting grant Additional project information Map or sketch outlining project area Professional's certification of feasibility and accuracy of scope and budget (engineer's, architects, etc.) Letters in support of project/or letters of commitment Other (Specify) : ------------------------------------------------------------------------- Certification I certify that the statements and application requirements of this official proposal are correct and that this proposal contains no misrepresentation or falsifications, omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief, and that no bids have been awarded, contract executed, or construction begun on the proposed project. Signature of Authorized Official Title Date 0 CITY OF MENDOTA H$IGHTS DAROTA COIINTY, MINNESOTA RESOLIITION NO. 95- A RESOLIITION APPROVING THE APPLICATION OF TH}3 CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1995 DAKOTA COIINTY CON�lIINITY DEVLLOPMEN'P BLOCR GR.ANT FDNDING BE IT RESOLVED by the City Council of the City of Mendota Heights as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in fiscal year 1995. 2. The application is approved by the City Council and the Mayor and City Clerk are authorized to execute it on behalf of the City of Mendota Heights. 3. The Dakota County HRA is designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 1995. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS n"V �Q Qv MEMO � December 30, 1 T0: Mayor, City Council and City Administrat FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Mileage Reimbursement Increase for 1995 DISCiTSSION Several City employees are reimbursed for the use of their personal cars for use on City business. The Internal Revenue Service has approved a reimbursement increase from 29 cents per mile to 30 cents per mile for 1995. The City has reimbursed at the IRS rate in the past and the Council should consider the increase for 1995. ACTION REQIIIRLD Approve the increase in mileage reimbursement to 30 cents per mile for the year 1995. LES:kkb � CITY OF MENDOTA HIIGHTS �:� • . December 29, 1994 TO: Mayor, City Council and City Ad ' s FROM: James E. Danielson, Public Works Direc 5UBJECT: Water Tower Reconditioning Bids - DISCUSSION• - ' � � , 'i ',� � } �. i . � � ' ' The plans and specifications,to paint,and repair the City's 2MG water tower have now been prepared by MSA Consulting Engineeis. �MSA prepared the specifications according to the findings and guidelines developed by AEC Engineers, �who performed the original analysis. Staff has reviewed the plans and specif'ications and find them acceptable. They are very thick and technical, and therefore are not included with this packet. A copy is availa.ble at City Hall and could be delivered to any Council Member desiring to review them. � It was a Council concern at the time of inspection analysis with AEC of whether it would be cheaper to paint the tank with the flutes on, or remove them, paint them on the ground and then reinstall them. MSA feels confident that it will be cheaper to leave them in place, however the contract is structured so that the contractor, at his option, can paint the flutes in place or remove them, paint them on the ground and reinstall them. 7 The cost estimate for the work arrived at by AEC, is approximately $600,000. This estimate includes $100-150,0(}0 for shrouding the tanks as'is required by MPCA. We have included a deduct alternate within the bids for excluding the shrouding and intend to work with the MPCA to see if possibilities exist to do the work without the shrouding. Tlus work will put the City's tank out of service for most of the summer, and we will need to impose a lawn sprinkling baa during that time frame (completion scheduled for early August). We will begin alerting residents and businesses about this problem in the next City newsletter. NOTE: This sprinkling ban will also be enforced in the City's Parks. This project is being paid for out of the Water Revenue Fund and not by assessments, therefore, we do not need to go through the process of authorizing bids by resolution. ACTION REOUIRED: This memo is for information only, bids will be taken through the month of January and the results will be brought back to Council for review, approval and award at a February meeting date. t i NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION � 5845 Blaine Avenue , Inver Grove Heights, Minnesota 55076-1401 612/450-9891 FAX 612/450-9429 TDD 612/552-9675 M E M 0 R A N D U M T0: Cit,y Mavors and Administrators/Clerks: . Inver,•Grov.e Heiahts Lilydale Mendota Mendota Heights ✓ South St. Paul Sunfish Lake West St. Paul FROM: Jodie Miller, Executive Director RE: NDC4 MEETING MINUTE3 AND AGENDA DATE: 29 December 1994 Enclosed is a copy of the UNAPPxOVED minutes from the December 7th Northern Dakota County Cable Communications Commission (NDC4) meeting. Please distribute copies of these minutes to your city council members. Also enclosed is a copy of the Agenda for the next NDC4 meeting on Wednesday, January 4, 1995. Cities that need to reappoint representatives to NDC4 have been notified. Hopefully, these appointments can be made during Januar,y so there will be a full complement of inembers at the February meeting when officers are chosen. Please feel free to contact me at 450-9891 with questions or comments regarding the minutes or other cable issues. /.7 Encs. t - � � . NOR AKOTA OUNTY CABLE COMMIUNICATIONS COMFIISSION FULL CONMISSION HE�TING December 7, 1994 ' The December Commission meeting was called to order by Chair George Tourville at 7:05 p.m. on Wednesday, December 7, 1994. The Pledge of Allegiance was recited. Chair Tourville introduced Cheryl Smith, Continental Cablevision Custaner Service Manager. 1. ROLL CALL - Members Present: Lucille Collins, Henry Hovey, John Huber, Jodelle Ista, Ed Mullarky, Mike Sokol, George Tourville (left at 7:50 p.m.), and Richard Vitelli. Members Absent: Alvin Boelter, John Lagoo, John 0'Brien, and Jim Toye. Also Present: Cheryl Smith (Continental Cablevision); Brian Grogan (NDC4 Attorney); and Jodie Miller (staff). 2. � AGE�lDA - R. . Vi�tel l i added two ooi nts f�r. d;i���.►ssi.on. under N��r. Busi nes�: 1) a process for spending Narrowcasting funds, and 2) a request from the City of West ,St. Paul to �pend Narrowcasting funds. The amended Agenda was approved by consent. 3. CONSENT AGENDA - A) Me2ting Minutes: Motion 12.7.94.1 to approve the November 7, 1994 Commission meeting minutes was made by J. Ista, seconded by L. Collins, and unanimously carried. B) List of Claims: The List of Claims was presented for review. Motion 12.7.94:2 to approve the List of Claims for the period 11/3/94 - 12/7/94 was made by R. Vitelli, seconded by L. Collins, and unanimously carried. 4. LOCAL ORIGINATION HEARING - Chair Tourville clarified that the hearing regarding the Local Origination channel is not a"public hearing." The hearing on Local Origination has been called according to processes defined in the Franchise Ordinance. At this point, Chair Tourville opened the hearing and explained that the public could direct their questions and/or cortxnents via the telephone lines to the Commission regarding the Local.Oriainat.ion.chanr+e?. Chair Tourville briefly noted that the Negotiation Committes has worked diligently over the past several months on a settlement with Continental over the Local Origination channel. Most recent changes to the draft settlement document were explained; these changes need yet to be reviewed by Continental Cablevision. Attorney, B. Grogan explained that because there is not sufficient information available at this time that would allow the Commission to make an informed decision regarding the settlement, the hearing should be extended to the next regularly scheduled Commission meeting. It would be appropriate for the Commission to approve a draft'of the Letter of Agreement (LOA), including the latest changes, to be forwarded to Continental for their review and camments. The hearing will remain a relevant issue until agreement is reached between the Commission and Continental. R NQC4 Conmission Meeting Minutes Oecember 7, 1994 Page 2 - m B. Grogan recommended that the Commission continue the Local Origination hearing and provide Continental with advanced notice of the hearing. Because Continental made changes to the draft LOA late in the afternoon of the Commission meeting, M. Sok�l suggested that the Committee be allowed time to review those latest changes. Chair Tourville stated that he believed the Comtnission could agree at this time upon a final version of the LOA to send to Continental for their review and acceptance. After brief discussion it was agreed that only one of the three changes suggested by Continental be made. Motion 12.7.94.3 to approve making the suggested change to Item H. regarding provision of complimentary cable service to the NDC facility and sending the document to Continental for their acceptance was made by R. Vitelli and seconded by J. Huber. Discussion followed on the proposed change to Item H. and a friendly amendment was made to the motion to include changes to Item H. that would define cable service to exclude Pay Per View and Premium channels. �� •- •� U�der -Point �-#� of the� LOA; - Cont�ir�ental sugges��e�+_ changing.:,the°.�dsf�nition of .. cooperatively produced programs�from number of hours to number of programs. This point was discussed and it was agreed that the definition should remain as hours. The goal of cooperatively produced programs is to increase the amount of staff- produced community programmi.ng on NDC channels. J. Huber inquired about the value of the settlement as compared with the range of estimated values presented by the Committee at a previous Commission meeting. J. Miller reviewed some of the estimated values in cash and in-kind and explained there are some intangible items that may or may not have significant value, and which cannot be determined at this time. Concerning changes to Point #7, J. Miller explained that originally, the Committee proposed language that stated that none of the cost of the items in the settlement would be passed on to subscribers. Attorney B. Grogan rewrote the stipulation including language that the costs and obligations of the settlement be treated as original Franchise requirements. J. Miller stated that Continental will likely not agree with this statement, as they have contended all along that they have complied with the Franchise Ordinance. B. Grogan explained the reason he reworded the statement was because the 1992 Cable Act allows cable providers to pass through costs for new obligations imposed by franchising authorities, and his intent was to clarify that this settlement would not be treated as a new additional obligation. Chair Tourville suggested leavina the language on Point 7 as drafted by the Committee. J. Huber inquired about why the Committee is willing to accept an agreement with a value much less than the value they originally estimated. M. Sokol responded that the Committee had concluded that this agreement is a reasonable alternative to the possibility of litigation; the settlement value has improved over what was thought possible last month; and there are clear indications fram Continental that if the Commission wants more cash, some of the proposed in-kind offers will be retracted. B. Grogan noted that because these negotiations are not yet settled, further detailed discussion of the rationale may jeopardize the Commission's •position. Similar to cities, the Commission has established a Negotiations -� Committee through which discussions may take place without jeopardizing positions. Chair Tourville repeated the Negotiation Committee recommendation to accept the original draft of the LOA with the agreed upon change to Item H. The motion was NDC4 Commission Meeting Minutes December 7, 1994 Page 3 voted on and.passed with J. Huber voting No. The LOA will be sent to Continental with the explanation that this latest version was approved by the Cammission. B: Grogan advised the group to authorize a continuation of the Local Origination hearing. Motion 12.7.94.4 to continue�the hearing regarding compliance with Local Origination to allow the Commission and Continental more time to exchange additional information prior to action by the Commission was made by J. Ista and seconded by H. Hovey. A friendly amendment was made to the motion to include specifying that the hearing will be continued at the next regularly scheduled Commission meeting. The vote was taken and the motion was unanimously carried. [Chair Tourville turned the meeting over to Vice-Chair Vitelli.] 5. NDCTV REPORT - J. Miller reported that NOCTV has met and exceeded its membership goals through the organized. campaign.. pf.for.ts of, ;�.the. Membership Cemmittee �nd ' staff. NDCTV needs to sell many more shirts and caps in order to break even on the goal for that revenue-generating item. Coverage of local eiections was very successful, and NDCTV received local publicity through newspapers, readerboards and a 22-second•news story on WCCO evening news. (A tape of that news story was shown.) Three Action Committees (Finance, Marketing, and Operations) have met regularly over the past 6 months between Board meetings to plan goals for next year. R. Vitelli thanked lead staff persons (Judy Skeie-Voss and Ted Arbeiter) for their efforts in pr�oviding the election night coverage. 6. REPORT FROM CONTINENTAL - No formal report was given. R. Vitelli inquired about whether the Franchise Fees are going to equal the amount budgeted. J. Miller replied that the Franchise Fees received to�date are just shart of what was budgeted. J. Ista reported that the Faith In Values channel has requested Continental to carry their service. If Continental cannot carry the service, the cable service will be offered free of charge on December 24 and 25. � M. Sokol noted that in the Continental newsletter "Connections" no telephone number was listed for Continental's West St. Paul office. He requested C. Smith to inquire with Continental about listing the telephone number as this is a requirement of the Franchise. " T. NEGOTIATION COMMITTEE REPORT - J. Miller reported that the Negotiations Committee met recently with Continental representatives to discuss the three timing variances which are up for renewal. Those three variances are for High Speed Data Transmission, Separate Institutional Network, and Interconnection. The Committee has four questions regarding aspects of the variances for which Continental needs to supply answers. The Cammittee recommended granting all three variances pending receipt of information requested by the Committee. Motion 12.7.94.5 to authorize granting timing variances to June 30, 1996 for High Speed Data Transmission, Separate Internet, and Interconnection-subject to Continental providing the information requested by the Committee was made by J. Huber, seconded by L. Collins, and unanimously carried. � NDC4 Commission Meeting Minutes December 7, 1994 Page 4 9 8. CITIZEN COMMENTS— A call was received from an Inver Grove Heights citizen who cammented on the difficulty he has experienced trying to get through to �" Continental on their telephone lines. Chair Tourville asked the caller to leave his name and telephone number so Continental can follow up on the problem and discuss it with him. Chair Tourville also noted that Customer Service Standards will be reviewed and discussed later in this meeting. A second call was taken from an Inver Grove Heights subscriber inquiring about the status of Continental offering the Cartoon Network on its NDC system. R. Vitelli explained that the decision to add this channel is up to Continental. 9. LEGAL COUNSEL REPORT — A report on Continental's rates, based on FCC Forms 1200, 1205, and 1215 was compiled by Attorney B. Grogan and had been mailed to Commissioners in the��r me.eting packet. B. Grogan summarized the report by stating that Continental is charging the maximum permitted for its Basic Service Tier. They are currently overcharging for- the Mid Service Tier and the Cable Program Service Tier; but, these tiers are regulated by the FCC. NDC4 had filed required paperwork with the FCC that would have triggered an investigation into the rates being charged, but the FCC rejected the filing because it was not processed under the FCC definition of the deadline. NDC4 has appealed the decision and is waiting for a response from the FCC. Some installation charges, which can also be regulated by NDC4, were found to be above the maximum permitted: 6. Grogan presented a Resolution that will approve the maximum permitted rates for Basic Service and, where overcharged for installations, order refunds retroactive to July 15, 1994. The Commission needs to act on this matter at this meeting or they will waive their rights.to regulate rates. B. Grogan noted that by approving this Resolution, NDC4 will also be approving rates for the new converter box Continental has recently made available. Motion 12.7.94.6 to adopt the Resolution as proposed regarding rate regulation was made by M. Sokol and seconded by J. Ista. Lengthy discussion followed on the pros and cons of passing the resolution. B. Grogan explained that there are procedures set forth by the FCC for enforcing rate orders whether or not a refund liability is involved. The vote was taken and the motion carried with R. Vitelli voting No. The Resolution will be sent to Continental. B. Grogan noted that rate, regulations are being appealed by Continental and other cable operators. _. B. Grogan explained that the Commission should decide whether or not to adopt the FCC Customer Service Standards. After adoption, the standards can be enforced by giving the cable operator 90 days written notice. Discussion followed on current experiences subscribers have reported to the Commission concerning trying to reach Continental via the telephone. C. Smith explained that Continental had recently installed a new telephone system which likely accounts for some of the problems as the system glitches are worked out. She also reported that Continental's Customer Service is now open seven days a week to help alleviate some of the customer calls that occur Monday mornings. A question�was asked whether NDC4 can adopt standards stricter than those of the FCC. B. Grogan explained that by adopting an ordinance, NDC4 can adopt other standards so long as they do not conflict with state or federal laws. Motion 12.7.94.7 to adopt the FCC Customer Service Standards was made by L. Collins, seconded by E. Mullarky, and unanimously carried. � NDC4 Cortmission Meeting Minutes December 7, 1994 Page 5 B. Grogan invited Commissioners to contact him after the meeting if they wished to discuss the next round of rate regulations. 10. STAFF REPORTS - J. Miller reported that in February 1994, NDC4 had sent forms to the FCC that would trigger regulation of the upper tiers (Cable Programming Service or CPS tier) of cable service in NDC. The FCC returned the forms stating they had not been filed on a timely basis since they were not received in hand by the deadline. (They were postmarked by the deadline.) On April 1st an appeal was made to the FCC to reconsider their decision because the forms had been postmarked by the deadline date and the instructions were not clear that the forms needed to be received by the deadline. Copies of the appeal were sent to U.S. Representatives and Senators, one of whom responded to NDC4 regarding the issue. (Approximately 20 other franchising authorities and individuals are in the same circumstance of having had their filing rejected because of a misunderstood deadline.) Recently, a follow-up inquiry into the status of the appeal revealed that, to date, the issue has not been dealt with by the FCC or.its Cable Bureau. In view of the findings of Attorney B. Grogan regarding Conti�nental's overcharging on the upper tiers of service, staff recommended the Commission follow-up on the appeai with the FCC regarding this filing which would have required the FCC to regulate these tiers. Staff was directed to send the letter with copies to all U.S. Representatives and Senators to make them aware of the inactivity of the FCC regarding this appeal and the consequences for NDC subscribers: An inquiry was made about Continental charging more than the maximum allowed by FCC standards for these upper tiers of service. J. Miller responded that in speaking with Bob Ryan, he explained that Continental is aware of charging rates above what is allowed, and that they have elected not to comply with the upper tier rates and to deal with the FCC if the FCC takes action to regulate those rates. In researching NDCTV insurance coverage over the past few months, it was discovered that it would be more efficient and cost effective to consolidate coverage under one LMCIT policy. State statute provides a liability limit for cities. The Commission must decide whether or not to waive this statutory liability limit as the policy will be held by NDC4. NDCTV will pay the premium, and voted at their last meeting not to waive the limit. B. Grogan also recommends not to waive the limit. Motion 12.7.94.8 to not waive the statutory liability limi�t on liability insurance under the LMCIT policy was made by J. Huber, seconded by H. Hovey, and unanimously carried. Two part-time positions with NDCTV which have been vacant over the past month have been restructured into one full-time position. NDC4 Video Production Assistant Erik Johnson accepted the new full-time position. The NDC4 part-time position now vacant will be filled at a later date. It is anticipated there will be no changes in job description or pay range for the NDC4 Production Assistant position. As a follow-up to a suggestion a few meetings ago regarding implementing an employee service recognition plan, J. Miller outlined options for consideration. She recommended employees be recognized every five years with a gift of their choosing valued at $10 per year of service. Discussion followed and a suggestion was made that the Commission consider providing employees with one day off after five years instead of a gift worth $10 per year of service. It was agreed to postpone discussion of this matter until more Commissioners are present. NOC4 Cortmission Meeting Minutes December 7, 1994 Page 6 Staff had also been directed to investigate implementing a policy to recognize service by Commissioners. J. Miller reported that it is difficult to establish criteria for service on the Commission• because individuals' experience, participation, and contributions vary so widely. An alternative to an award policy would be for Cam�nissioners to make private contributions toward a gift as fellow Commissioners depart. Brief discussion followed. Motion 12.7.94.9 to provide plaques to all Commissioners upon their departure from the Commission was made by L. Collins, seconded by R. Vitelli, and unanimously carried. Staff recommended purchase of another computer to replace a computer that has become unreliable and which is not compatible with other PC's. The purchase of a laser printer was also recommended. Discussion followed in which it was suggested that staff investigate the possibility of all the computers in the building sharing the laser printer. Money for these equipment purchases and for the potential purchase of a copy machine was set aside in a capital purchases ��x�t�,r�gency ft�nd �n'thg 1894 budget. � The Annual Recognition [ reported on the estima including shared costs Motion 12.7.94.10 to hc their respective emplo� seconded by J. Ista, an� tie the week of December set. inner (formerly "Holiday Party") was discussed. J. Miller :ed costs for the event and presented various options �r invitees paying their own way. Discussion followed. ld a Recognition Dinner with NDC4 and NDCTV paying for ees and their employees' guests was made by H. Hovey, unanimously carried. The date of the event will likely 26. Invitations will be mailed out once a date has been 11. UNFINISHED BUSINESS — M. Sokol referred to a letter sent by concerning the new converter box and charges for the box and inquired charge had been reviewed by B. Grogan when he compiled his report c Grogan replied he had and this charge is appropriate. Continental whether this � rates. B. _J. Ista reminded Commissioners that they can purchase shirts and caps from NOCTV. 12. NEW BUSINESS — R. Vitelli inquired about the process for a city requesting spending Narrowcasting monies. J. Miller responded that although there is no formal policy, the procedure has been to have the Govercunent Programming Committee (consisting of inember city managers, administrators, and/or clerks) plan for use of the funds according to specific city needs. Their recommendation for expenditures is taken to the Commission for approval via the Government Coordinator. 13. ADJOURNMENT — Motion 12.7.94.11 to adjourn the meeting was made by H. Hovey, seconded by E. Mullarky, and carried. Respectfully submitted, Joy A. Curtin NDC4 Administrative Assistant and Recording Secretary T0: � FRBM: SUSJECi: MEMO Date: 12•29-94 Mayor, City Council, and City Administrator Paut R. Berg, Code Enforcement Officer �� Buitding Activity Report for Oecember 9444 CURRENT MONTH YEAR TO QATE 44 BUILpING PERMITS: No. Vatuation fee Callected SPD 4 662,352.00 5,751.04 AP7 Q 0 0 TONNHOUSE 0 Q 0 CONDO 0 0 0 MISC. 22 325,644.Q0 4,581.22 C/I 6 2,798,243.q0 12,369.48 I --•-----•-----•----------------------------a S�r Tota! 32 3,786,284.00 22,701.79 � TRADE PERMITS: Plumbing 6 765.00 4later 1 5.00 Seaer '1 17.50 Heat, AC, I & Gas 14 1,320.00 j ---------------------•---------------•---•-a Sub Tatal 27 2,107.50 J Licensing- � No. Valuatian fee Cotlected � � 51 9,5bT,238.00 79,780.44 ( 0 0 0 ! 0 Q 0 ' f0 428,52G.Q0 6,2G4,48 ' � 364 8,302,752.OQ 69,744.11 I 69 19,914,152.00 9T,846.24 ! "".."�.."..�_•��..�_�..����'..�'�'�..�� ' 494 38,712,666.00 253,639.97 j 133 92 8i 9,345.00 460.00 1,417.50 266 23,30b.00 { ------•-----------------------------i 572 34,528.50 � YEAR TO OATE 93 � No. Valuation Fee Collected � � 84 14,147,092.00 115,425.12 � 0 0 p j 0 0 0 � 50 4,701,885.00 32,280.63 ! 302 2,348,229.00 34,044.37 ' 73 6,235,543.00 49,808.71 504 27,392,749.00 236,60$.23 210 153 148 8,341.Q0 840.00 2,590.00 310 19,457.50 821 31,278.50 Contractor's � ( licenses 4 225.00 � 378 4,kS0.00 ( 3b4 , 9,100.Od ------•---------------•--------------------+•------------•--•-------------------+------------------------------------ Total 68 3,786,289.00 25,034.29 �1444 3$,7l2,666.00 297,bi8.47 (1644 27,392,744.Q0 ZTb,48b.fi3 NOTE: Att fee amaunts exctude Sac, Wac, and State Surcharge. Amou�nts shown will reflect only permit, plan check fee, and vatuatian amo�.aits. sa � • • •i f• ! a■••• i • Januarv 3, 1995 Asphalt Coatractor License Asphalt Dri.veway Co. J.W. Asphalt Construction Masonry Contraetor License .A & B Cemen� Construction Snc. Andretta Brothers D& S Gemen� Co. Inc. Mike Boettcher Con�truction Concrete Systems Inc. H.W. Cook & Sons Hi-Tech Floors, InC. Kelleher Construction Znc. B.R. Moline Ma�onry Inc. Poured Foundations Inc. Simon Bros, Cement Co. Vall.ey Cement Co., Inc, Viking Concrete & Masonry Charles Zwinger Inc. Fsxcavat3.an Cantractar License Belair Builders Inc. Carlsan. Sewer Co. Commercial Utila.ties Inc. Danner Landscaping RCI Con�truction Kuper Fxcavating Co. LeRou.�c Excavating Inc . Joe Miller Excavating Pl.ymouth Plu�mbing Rauchwarter Inc. Rumpca Sewer & Water Inc. Scherff Inc. Thompson Plumbing Uni�.ed Water � Sewer Ca. Vanderhoff Excavating Inc. Voson P1,umbing Inc . Weierke Trenching & Excava�ing Co. � General Contractors License Action Overhead Garage Door Advance Construction (Paster Enterprises)� Brin Northwestern Glass Rober"t Carr & Associates, Inc. Century Fence Co. B.L. Dalsin Roofing HI�i Erectors , Inc . Kraus-Anderson Construction M & N Structures Inc. McPhillips Bros Roofing PCL Construction Petroleum Maintenance Co. Welsh construction Corp. Western Steel Erection Inc. Gas Pipiag Coatractor License Allied Fireside Inc. Apollo Heating & Venilating Corp. Area Mechanical Earl Arneson Jr. Heating & A/C Bonfe's Plumbing Burnsville Heating & A/C Controlled Air Paul Falz Co. Fireplace Specialist Five Star Plumbing Inc. Fredrickson Heating & A/C Genz-Ryan Plumbing & Heating Hinding Heating & A/C Inc. Rleve Heating & A/C Martens/Sammon Heating Metropolitan Mechanical Contractors Inc. Owens Services Corporation PBBS Equipment Corp. Plymouth Plumbing R.H. Heating & A/C Ron�s Mechanical Inc. Sedgwick Heating & A/C Standard Heating & A/C Co. Thompson Plumbing Corp. Valley Aire Inc. Yale Incorporated SVAC Coatractors Licease Apollo Heating & Venilating Corp. Area Mechanical Inc. Earl Arneson Jr. Heating & A/C Boehm Heating Co. Burnsville Heating & A/C Inc. Controlled Air Paul Falz Co. ,� Fredrickson Heating & A/C Inc. Genz-Ryan Plumbing & Heating Co. Harris Air Systems Company Hinding Heating, Air & Elec. Inc. Home'Energy Center Kleve Heating & A/C Krinkie Heating & A/C Martens/Sammon Heating & A/C Master Mechanical Inc. Metropolitan Mechanical Contractors Inc. Owens Services Corporation R.H. Heating & A/C Inc. Ron's Mechanical Inc. Sedgwick Heating & A/C Snelling Co. Standard Heating & A/C Co. Sylvander Heating, Inc. Valley Aire Inc. Vogt Heating & A/C Wenzel Heating & A/C Yale Incorporated Drywall/Plaster Coatractor License Dexter Drywall Hays Drywall J& J Enterprises Drywall Inc. K & P Drywall Pro Drywall Inc. Charles Zwinger Inc. Sign Coatractor License SignArt � Suburban Lighting Inc. Rubbish Haulers License Aagard Sanitation All-Star Disposal BFI/Action Disposal Systems Krupenny & Sons Disposal Service Mendota Heights Rubbish Service Traingle Rubbish Cigarette License D.V.M. Inc. Employee Party Club/Tempco Mfg. Somerset Country Club SOS Convenient Mart Twin Cities Stores . . , ' t • - � �,+� 's •• � ' . .' . i . , I ' ` 4 � , � . . . ..h; ,. � �:, � ;�=+,s a?:��t�}.a;-.»�: }; •:r , .: r��' i� .. ;, �. „ .N,., �..: �'.:.�,:H• : i� � �.. , ' . _ ;;;,: ° `" .:`r':, ` `:�: ;' :'� •.4.:�a�••.;, a�t,;s��`••�r '.:��. .. . �,� s, ,,: t :9:.� r , , .. . • ,; fi?i::,"Yc':;;i:%`•yiy �:�+: �;;:":;°":: ~. ' .. .:r � : . .. . ... ;;:�. _ .. .:::;^ • .:n. :. • . ;:'�J'�:�:��:;:;::s:::� :; . ' �.;=i�;�'���;�' -'�� . ... � � - • - -.. i�-_ ._',.. . 't,:',;�c�;r%����".�:�>:�'� <�` .. . . _ i � �: � January 5, 1995 � ' " . 2+0: Hagor and City Counci.� ' • . CL7l.ZMS ISST SUMMARY: 2'otaZ. Clatzas styntEicant czatms Med Genters Hea'!th insurance .. MWCC Svc chg and Sac Winthrop Weinsiine Lega1 u�us�.z cz� • 153,344 � 11, 909 108,780 4,Z$5 s o. u..r a .v- i,.+,a �g �e� ' ' Jan. 3, 1995.CIaims L.ist 25-Engr , Thu 1: M City of Mendata Hei_ . 20-QO1'ICe ' 3Q-Fire � Temp Check Number � 3 ��"���� Temp. ' Check � . Number Vendar^ Name Accoun� Code Comments ' �•- 1 R M E 1V 02-4404-kiE@-20 � 95 dues ,,:; 1 ;`�' Tot�Is Temp Check Numher f Terep Check Number 2 2 AT&T 01-4210-@50-50 2 A7&T 01-4210-070--70 2 AT&T 15-�►�10-lA60-60 6 Tatals Temp Gheck Number � Temp Check Number 3 3 Baard of Water Carnmis�foners 15-44^c5-310-Es@ � Hoard of Water Comreissioners 01-442'S-315--30 • 3 Hoard af Water Commissia»era 08-44c^�-@00-0¢� 9 Tot�ls Temp Check Number 3 Temp Check Number k � Cherokee State Hank Qt1-4492�-110-10 4 Totals iemp Check Number 4 Temp Check Number 5 5 City Motor 8upply 01-4330-440-20 �� - 5 Tatals Temp Check Number 5 Temp Check Nurnber 6 6 City nf St Raul 01-4420�-050-50 6 � Tatals Tearp Check Number 6 Temp Check lVuraber ? 7 Callins Electrica7. Cor,st 01-4211-420-50 �- 7 7at�ls Temp Check Number 7 ,7a» avc �an svc �an svc nov svc nov svc rsov svc saf dep box parts 82k3 signs rprs � ua�� �u-nvnu� b0-Utilities paoe 1 70-Parks - 80-P1 anr�i ng � 85-Recycl�ing 90-Animal Control Amaunt . ' 20. 010 . 2@. 0@ .. 11. 54 26.��C 13.55 49.3t 19. 84 23. 16 a�. as 79. 39 35. G1tD 35. (�Q1 129. 94 129.'94 90. 64 90. 84 55@. 50 550. 5� 0 29 Dec ' Claims Lfst Thu 1: H City of hlendota Hei� Temp Ctteck Numbar 8 � Temp. t.`iiEC�t . Number Vendor Name Account Code 8 Contact MobYle Carnmunicatians 01-4330-450-30 � 8 .. iatals Temp ChecFc Number 8 Temp Check Number 9 9 Cornm Ceriter 01-4640-02@-20 9 Tatals Temp Check Number 9 ierop Checlt i�tumber 10 . 10 Capy Dupl icaating Prodacts 01-4330-460-30 �m -� Totals Te�np Check Number 10 3erop Check Nurn6er ` 1 f �' 11 Dahlgren Shardlow Uban 01-2@10 si - Totals Temp Check Number 11 � Temp Check Number 12 I� Dakota County Auditr�r 01-2@10 � 12 Tat�ls iemp Check Number i2 �� Temp Check Number 13 i3 3ames Danieison 05-4415-105-ib 23 Tatals Temp Check Number i3 Temp Check lVurnber 14 - 14 Dennis Aelmont 01-4415-110-10 14 Tatals Temp Check Number 14 Temp Chec►c Nnmber 15 15 Electrc� Watchman 06-4335-000-00 .. . ., •�, . . . • � . Comments r�prs S radios dec copies � YIOY SVC re eleetion ba2lats �an allaw �an allow ist qtr Page � Amount 3S. 0fl 35. Qi0 1, 643. fd6 1 t b43. 08 16. 58 16. 58 2 y 509. 4S 1 y 509. 4'S 6@8. 42 608. 42 120.00 12Q1. Qr0 120. 00 120. 00 159.75 � :1 Ol t • .. '� . � � . • '} i� "� ri i'} . ��� :; ? :) : �? � ' 29 Dec ' • Thu 1: � ' Terop Check Number 15 .y Temp. � Check Number Vendor Name � � 15 Eiectru E�atchman 30 �� Tat�ls Temp Check iVumber Temp Cheek Number 16 16 First Trust 16 Taials Temp Check Number Temp Check t�turaher 1? 17 Fire Marshal,l As�n �7 +w� Tatal� Temp Check Number l Temp Check Nnmber ' 18 � 18 Farti� Henefits Ins Co �.ti 18 •• Tot�ls Temp Check Number .-� Temp Cherk Number 19 29 �aadye�r Service Siore f9 Goodyear 8ervice Store � -- . 38 ,� Tatals Temp Check IVumber Temp Check Nur�ber. 20 20 f3raharn Mfg 20 Tatals Temp Cheak Number 'iemp Check hiumber 2f 21 Oreat Western Recycling , �i C,reat Western Recycling 21 Great Western Recycling 63 �'' Totals Temp Check Number Temp Check IVumber E2 22 Group Health Inc - . - �..---__.__.. _ . Claims List City of Mendota Hei; Account Code i5-4220-06@-5tIl f5 35-4226-000-00 16 fd1-4404-030-30 iy 01-4132-031-30 18 01-4330-44rG-c0 05-4330-490-15 19 m1-4131-020-20 20 @1-4330-490-8@ 01-4330-490-50 01-4330-490-50 21 415-4131--105-3 5 Comments fst qtr band fee 95 dues �a» prem tires tires ,7ar► prem garlack splys splys splys Page 3 Amount 335. 49 495.24 308. 88 3@8.88 35. 00 35. 00 154.80 154. 80 17c�. �0 129. 32 301.5� 92. 65 92.85 32.03 25.68 25.89 a�.s� � � �an ins kullander 180.35 -------.__--•--. ..__...__ ...._._ ...._....._. .__._�.--- _ .. . _.___ 5. . ' . : - ... ' M. .h' �3 Aec � Thu 3: M • Temp Check Number �2 , ..� Ternp. ' ' ' Gheck Nureber Vendar Name 22 . . � Totais Temp Check Number Temp Check Number • 23 23 Hdwe Hank ' 23 Ftdwe Hank c3 Hdwe Flank 23 Hdwe Hank 23 Fidwe Hark 115 Totals iemp Check Number } Ternp Check IVumber 24 24 H � L Mesabi 24 � "' Totals Temp Check Num4er Temp Check lVumber 85 _ 25 tiydraa2 ie 8vc 25 � iatais Temp Gheck iUumber Temp Check M1iurnber 26 26I05 � 26 Z C1 8 26I05 26I08 26 I Q S 26I05 26I 05 zeios �r�� Tota3s Te�np Check Nur�ber Temp Check tJu�aber 27 27 ICMA .NL �i% •- 7otais Temp Check Number Temp Check Number 28 C8 I»stant'Testi�g Ga Claims tist ` City of Mendata Hei, , Account Cade 82 01-4305-030-30 01-4305-03fl-30 01-4305�-030-3fd 01-4330-490-5@ 0f-4330-490-50 �3 01-4330--490-50 24 @i--4330-490-50 �5 01-4300-110-10 0f -430@-t330-30 01-43@ID-040-40 01-4300-050-50 01-43@0-070-70 01-4300--@80-80 05-4300-105-iS i5-�300-0fi0-60 26 01-4404-110-10 27 22-4480-71 �C-0(Il Comments splys dfscount splys partr discount rprs rpr� 322 to»er taner toner toner toner taner toner totter 95 dues re tfr signal tests Page 4 Amount 180. 35 23. 81 2. 64cr 4. 25 8. 50 0. 80cr 33. 12 251.34 2'51. 34 f59. 13 169. f 3 115,75 ` S7. 90 57. 9@ 57. 90 57. 90 87.85 115.80 57. 85 s�8.as 791.68 ?91. 68 9,50 � - - ----.... � . ' ' 29 Dec • Thu 1: ,M � Temp Cherk Number 28 Terr�p. Check Number Vendar Name 28 �� Totals Temp Gheak tVumber Temp Check Number 29 P9 F'aul ISaiser 29 7otais Temp Check Ftumber Temp Check Number 30 30 Knutsan Rubbish Service 3Q3 Tatals Temp Check Number Temp Gheck IVurnber 31 31 Thomas Knuth 31 Thomas Knuth 31 ihama� Knaih 31 Thomas Knuth • 32 Thomas Knuth 32 Thomas Knuth 31 Thom�s Kmith 2i7 Total� Temp Check Number Temp Check �lumber 3� `���' 32 Krechs Office Machines 32 Krechs Dffice Machines 32 Krechs Office Machines 96 Totai� iemp Cheak Number Temp Check 1Vumher 33 33L.EL�a 33 Totals Temp Check Number Terop Check Nember 34 34 Guy Kullander Claims List City of Mendo�a Heiy . Account 'Code' ' - 28 0f-�010 , .. 29 , 08-4335-00fd-@0 3@ 68-4415-704-0@ 15-4210-@50-6@ 22-4415-722-td0 '�7-441�-710-00 Z9-4415-834-@0 05-44iS-f0S-15 05-4415-105-15 31 01-2010 05-2010 15-2011D 32 01-2075 33 27-4415-710-00 Camments dec svc dec svc exp reimb exp �^eimb exp reimb exp reimb exp reimb exp reimb �an allcw splys spiys splys .�an dues exp reimb Page 5 Amaunt 9. 50 791.20 791,20 68. 86 b8. 86 45. 53 a.z� 35. 67 24. 07 4. 06 8. 70 10. 00 f3b.25 330. Ql 345.73 143. 94 829. 58 275. @0 275. 00 8. ?0 29 Dec Thu ia M i`emp Checic Number ' 34 .. �_. 7emp• „ _ ._._ . . � Check Nuraber Vendar Name 34 Guy Kttllar�der 34 Guy Kullarider �,�, 34 Guy Kullartder • 34 Guy Kullander 34 Guy Kullander 204 Tota�s Temp ChecFc Number Temp Check Number 35 35 Larsorss �reer�hause 35 � Tat�ls 7emp Check tJuesber Temp Gheck hJumber 36 � 36LifeUSA 36LifeUSA � 36LifeU9A • 36LifeU�A 36 Life U S A 36LifeUBA 216 Totals Te�np Check Number Temp Check Number 37 37 M 7hamas Lawell y�,� 37 Totals Temp Check Nurober Temp Check Narober 38 38 Jam3e L�rbs ' 38 Tatals Temp Check NuMber Temp Check Number 39 39 Leef Bros 39 Leef Hros 39 Leef Bras � 117 Tata2s Temp Check Number Temp Check Number 40 Clairos L£st City of Mendota Hei� . Account Code 09-4415-000-00 04--4415-000-@0 08-4335-000-tII0 @1-4490-109-QJ9 05-4415--105-15 34 @1-2@10 3S 01-4131-02IIt-20 @i -4131-050-5?i 01-4131-070-70 01-�4131-1 i@-f f3 @5-4131-105-15 15-4131-060-60 36 01-4425-ii0-#0 37 01-4400-030-30 38 fD1-4335-310-SQ 0i -4335-31 PJ-7@ 15-4335--3i0-60 39 Comments ' • • exp �^e3mb ' � exp reimb � exp reimb exp reimb exp rei,mb sp2ys �an prem ,}an prem �an prem �an prem 3an prem ,7an prem 3an allow re fire schl exp dec svc dec svc dec svc Page 6 Amount 21. 46 22. 04 55.55 34. 98 10. 44 154.27 3�7.00 3^�7.00 338. I0 201. 39 234. b9 254.85 248. 25 268. i6 1,445.25 � - ' . r. ,w� ' . � .. . .. _. . . p 275. {3�U 1?5. 00 12. 72 Sz.72 17. 52 17.52 17. 52 52. 56 5 29 Dec ' Th u 1 a h Temp Check Nuraber 4@ 'femp. • � Check Number Vendar tVame 40 Lincoln Benefit 40 Lincaln Benefit ,,�� 40 Lincaln Berrefit ..+ ___ 1 �20 Totals Temp C!►eck Nur�ber Temp Check Number �tf � 41 Med Centers N P" 4f Med Centers H P . 41 Med Center� M P 41 Med Centers H P 41 Med Ce»ters N A' - �.a ki Med Centers H P • ki Med Centers H P 41 Med Centers N P „� 41 Med Centers H P 369 �..� Totals Temp Cheek Nu�ber Temp Check Number 42 .� 42 Metro Rrea Mgr f�ssrs 42 •' Totals Temp Check IJuober i Temp Check Namber 43 k3 Micra Whse � A3 Totals Temp Check Nureber Temp Check Number 44 44 Metro Waste Contra2 � 44 Metro Naste Controi k4 Metra Waste Cc»�rol k4 Metra Waste Cantral f76 Totals Temp Check Number Ternp Check Number 45 � 45 Minn Ceilular Tele Ca k5 Minn Gellu3ar Tele Co Claims List City of Mendota Hei, Account Cade 01-2074 0i-4131-020-20 0i-4131-110-10 4(d 01-2074 0f-4132-f f0-ifd 01-4131-02@-20 01-4131-040-40 IAI-413f-050-Si3 01-4131-070-70 fb5-4f3f-105-15 08-4131-000-00 15-4131-06Q►-60 kl 0f-4404--1 iQf-10 42 01-2010 43 15-2010 15-2010 f S-44k9-Qt60J-60 17-3575 44 01-4210-030-30 @i-4210-@30-30 Comments �an prem �an prem 3an prem �an prem �an prero ,7an prem �anprem ,yan prem �an prem �aM prem �aM prem �an prem 95 dues saftware PtOY/tjEC Sc7C CtT�jS nov/dec sac chg �an �vc �an svc nav/dec svc dec svc I' Page 7 Amount 40. 00 397. 11 138. 1tD 565.21 2, 272. @4 1, 347. 58 2, 701. S2 sao. mm 1, 640. �C7 954. 11 1, 526. 92 165.9� 620. 22 3 3., 9fG9. 68 25. @0 , 25.0@ , . 163. 85 163. 85 3?i 60tD. 00 376.00or 74, 352. 00 �^,796.@@cr 108,780.00 42. 96 f 0. 74 .._. .. .......-� �------- . . . _,.. : _._.._._._.. . . -.. _.' -__ _..._..- :•�-�-•-- � - .-- ----._........ _ _.---. - _• - . ,�. :x .. , ., t. • • . . . . 29 Dec Thu is ,N • Temp CEteck Number 45 Temp. -' Check Clairos List City of Mendota Hei�, Number Vendar Name pccount Code 45 Minn Cellular Tele Co 02.-4210-020-20 45 Minn Cellular Tele Co 01-4210-110-10 �� 180 7otals Ternp Cherk Nuo�ber 4S Ternp Check IVurnbar 4S 46 Minn Mutu�l Life Yns 01-2074 45 Minrz Mutual LiFe Zns 01-4131-#10-10 46 Mi.nn Mutual Life Ins 01-4131-@20-20 46 Minn Mutual Life Ins 01-4131-070-70 zea 7otals Te�np Check Number 46 Temp Cherk Number 47 • 47 Minnesota Benefit Assn 01-207k 47 Minnescta Benefit f�ssn 01-4131-i10-1@ 47 Minnesat� Henefit Assn 01-4131-020-20 ' 47 Min»esata Benefit Rssr► 01-4131-050-50 47 hlinnesota Benefit Assn 01-4i31-070--70 47 Minne�ats genefit Assn 05-4131-105--15 • 47 Minnesnta Benefit Rssn 15-4131-060-6@ � 329 �• Totals Temp Check Num6er 4? Temp Check Number 48 �+8 Minn State �ire I1ept Rssn 01-44@4-@30-30 � 48 � Totais Temp Check Number 48 Temp Cheak Number 45 49 Minnesc•ta Tearnsters Loc 320 01-2075 49 � Totais Temp Check Nuraber 49 Temp Check lVumher S@ 50 Morton Thokal 01-4421-050-50 5@ Totals Temp Check Number 50 Temp Check Nnrnber 51 51 Natl Fire Protection 01-440�-03@-a0 Comments dea svc dec svc �an prem ,�a» prem �an prem �an prem �an prem �an prem �an prem 3�n Fxem �an prem �an prem janprem 95 dues �an dues saF t salt renewal Page 6 Amount 23.43 12. I�� 89. 15 209. 92 � 7. 60 18. 35 5. 70 241.57 641. II!9 38. 61 376. 97 44.52 349. 69 53. 53 45. 51 1, 55@. 12 i fi@. @Q+ 160. 0@ 273. 00 �73. 00 766, k9 755.49 366. 75 29 Dec ` Ciaims Li�t Page 9 `'� Thu 1:: 1 City of Mendat� Heig. iemp Check Nu�ber 51 �t Temp. � Check - � Nuraber Vendor Name• ��- pccount Code Cornments Amaunt -- . . � ------ � 51 • � 366.75 rr,� 7atals Temp Check Number . 51 � Temp Check Nurnber 52 52 Nardini Fire Eq �' @f-4305-@30-3tA .fire ext fir demg 3f5.78 � 52 315.79 � Totals Temp Check Number 58 �. Temp Check Nurnber 53 ' � i,,� 53 Narth 8tar Chapter ICBd 01-44@4-040-40 95 dues 45.00 53 �►5. 00 � i'ota2s Temp Check Number 53 Temp Check IVumher 54 � 54 Narthwestern Aggregate 01-4421-050-50 icr 731 00 � 54 . 732.fb0 7ot�1� Temp Check Number 54 � Temp Check Number S5 ' S5 Oakcrest Kennels 01-2010 dec svc 1,405.4? � 55 1 a �+05. 47 7otaYs Temp Check Number 55 � ,��i Temp Check Number 5B � � 55 Office �lax 0i-4300-@3id-3� splys 53.82 56 8ffice Max 0t-j►300-030-30 splys 4.45 56 Office Max 01-4335-315-30 splys 127.'71 �••� 56 df#ice Max 02-4305-¢t70-70 splys 128.95 56 OFfice Max fl5-430Q�-105-iS splys 5.72 --- -------- !. ..s 280 330. 64 Totals Temp Check Number 55 Temp Check iVumher 5'7 . 1 57 Oxygen Service Co 01-4305-050-50 splys 32.k3 ••, �, 57 3�c.43 Totals Temp Check Nurober 57 �3 Temp Cireck Rlntniae�^ 58 58 55426 1)ata ^�ystems 01-4330-440-20 mten 300.00 29 Dec ' • Claims List Thu is� J City of Mendota Heig. ' Temp Check Number 58 7emp. Check Number Vendor Name Account Code 58 ,;_ Totals Temp Check IVumber 58 Temp Check Number 5�3 59 Seven Corners Ace Hdwe 15-4330-490-60 59 Totals Temp {�eek Num6er 59 Temp Check Nurnber 6@ 60 t� E Sh�ughnessy Jr 01-2030 60 L E Shaughttessy Jr 05-2010 60 L E Shaugh»essy Jr 15-2010 b0 L E ShauBhnessy 3r 21-2020 60 L E Shaughnessy Jr 03-2@1iA 6ia L E Shaugfinessy Sr 29-2@Ifb 360 .� 7otals Temp Gheek Number 60 Temp Check Number 61 51 S L S Enterprise� 01-4490-020--�m 61 Totals Temp Check Number 51 Temp Check Nurnber 62 62 6nyder Drug Stores 01-43@5-020-80 ''' 62 Snyder Drug •Stores 01.-4305-020-�0 i24 Tatals Temp Check Number 62 Semp Check Number 63 63 Sakkia Syst�!m 05-430S-f@5-15 63 Totals Temp Check Number 63 Temp Check Num6er 64 64 Spectrua� Busir�ess Systeras 0f-20f0 64 Tatals iemp Check tVumber 64 .,. . y, .T� , ' � Comments ' parts dea svc dec svc dec svc dec svc dec svc dec svc id phota splys splys splys monitor Page 10 Amaunt 300. 00 38_97 38. 97 3, 110.20 310.55 49iIl. 05 „ 368.78 A@7. 60 264.95 4,652.10 5. 32 S. 32 12. 43 24. 15 36.58 ! 5. 87 15. 87 k84.58 484.58 29 Dec ? Thu 1:: I Temp Check rilumber 65 , Temp. Check - Nuraber Vendor Narne � 65 5authview Chev 65 �� Tata2s Temp Cfi�eck Number Ternp Check Number 66 66 St Paul Pioneer Press 66 Tatals Temp Check IVumber ' 'iemp Gheck lVumber 67 ,� 67 5tar Tribune 67 '�� Tatals Tetnp Check Number .. Temp Check tUurnher � 68 �� 68 5uburban Carpet Care 68 - Totals Temp Check Nwnber ^� Temp Check Number 69 b9 U S West Carn�aunications ..� 69 U S West Canmunications � 69 U S West Ccm+nunic�tians ,� 207 7atals Temp Check Nwnber . Temp Check Number 70 70 Univer5ity af Mirm 70 University af Mirm 140 'iota2s Temp Check Nnmber Temp Check Number 7! ' 71 Winthrop b Weinstine 71 Winthrop � Weinstine ' 142 Tatals Temp Check Number Temp Check Number 72 _. .. ... .. �"._...,.....'.._.: . . Claims List City of Mendota Hei� Account Code 01-433fG-4�i@-20 55 01-2@10 66 01-4490-020-20 67 01-4335-315-30 68 02-zQsiO @5-2010 iS-2010 69 ' 01-4400-@40-40 01-440Q+-150--30 7Qt 01-2010 l6-2010 71 � .._ �__. _.__. __ ...... .. .....'-""'- . ;-�:y.�,.. Comments parts 2244 expl ad ernpl ad carpet cing dec svc dec svc d'ec svc bldg cade conf bldg cade conf nov svc nov svc Rage 11 • Amount 37: 22 17.22 159. 9@ f 59. 90 321. 00 321. 00 85. �0 � 85. 20 1 s 19QJ. 5^c 176.97 349. 63 • 1� 717. 12 290. Q�Qt 80. @0 370. QfII 2y 799. 37 1,485.40 4, 284. 77 • • _ � . -• y, - .e- - . ._ _ �......._.' ' � j 29 Dec ' Thu 1::. I '� Temp Check Nurnber 7� Temp. • � Check Number Vendar Name 72 Zep Mfg 72 Zep Mfg `sy 72 Zep Mfg �16 7atals Temp Gheck Number 5770 Grand Tatal Claims List City of Mer�dota Heig� _ Account Code 01-430i-050-50 01-4305-070-70 IS-43�-05@-60 72 Cornrnents splys splys splys MANUAL CHECKS l5039 32,920.00 Imperial Uev Re• Industrfai Park 150�0. 419.93. Ddkota Bank petty cash 150lF1. '70.33 Kathleen Swansan flex spending 12/9 15Q42 , 3,306.08 State Capitol C U 12123 peyroIi � 15043 18,936.Q0 I}endota Heights Fire Relief City share 15044 580.00 Len Kanitz � � 1995•c1athing allowance 35445. 12ag$5.Q0 United Properties easement�� � 15046. '.I3.84 pERA� � � 12J23 payroll 15047 $,357.20 ••�' • " 15Q48 981.50 ZC3�JA '� 35049 833.00 Flinn Mutual � 15050 405.00 Minn State Retirement " 15451 � 5Q.0{? Great Western� �. & A " 15052 • . 50.OQ Federat�Reserye Bank " 15053 256.80 Ddkota County � " 15054 .555.00 Ddkota Bank� " 15055 .. 3,473.62 Commissi'oner of Revenue " 15056. .15,262.88 Dakota Bank � � " 15059. 47,399.7Z •payroll a/c u 145,435.90 G.T. 298�780.1Q Page 12 Amount 54.85 54. 85 54.?9 164. 49 153,344.2� _. . . _ . .. .........�.-••---__..::._ .. . . CITY OF MENDOTA HEIGHTS� MEMO December 29, 1994 TO: Mayor and City Council FROM: Tom Lawell, City Administr SUBJECT: Appointment of Acting Mayor DISCIISSION State Statutes require several annual actions by the governing bodies of stcatutory cities. One of the required actions is the appointment of a Councilmember to serve as.Acting Mayor during any absences of the Mayor. ACTION REQIIIRED Council should take formal action to appoint one of its members as Acting Mayor for 1995. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO p December 29, 1994 T0: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Designation of Health Officer for 1995 DISCIISSION Dr. Thaddeus Chao has once again agreed to serve, without compensation, as the City's Health Officer for 1995. Although the ongoing duties of the City's Health Officer are minimal, on occasion Dr. Chao's services have been of great value. RECObIl�ZFNDATION It is my recommendation that the City appoint Dr. Thaddeus Chao as the City's Health Officer for 1995. ACTION REQIIIRED If Council concurs with the recommendation, they should pass a motion appointing Dr. Thaddeus Chao, 7843 Hokah Avenue, as the Health Officer for the City of Mendota Heights for 1995. MTL:kkb � C ity o� ...,., • - 1Vlendota Heights December 22, 1994 Dr. Thaddeus Chao 783 Hokah Avenue Mendota Heights, NIN 55120 Dear Dr. Chao: Another year is quickly drawing to a close and on January 3, 1995 the Mendota Heights City Council will consider a number of annual appointments and deaignations for 1995. As you know, one of the appointments to be made is that of City Health Officer, a position you have held for many, many years. The City sincerely appreciates the dedicated volunteer aervice you have provided to us in the past and asks if you would again consider serving in the position for 1995. Please give me a call prior to December 30, 1994 to let me know if you are willing to serve in this capacity for another year. With warm wishes for a joyous holiday season, I look forward to hearing from you soon! L�l , C.�Ib.O e.n. �2� Z? 7� o�E. ,.,�u-� �'°`4 Sincerely, CI OF T HEIGHTS � D Tom Lawell City Administrator 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � FROM: CITY OF MENDOTA HEIGHTS MEMO Mayor, City Council, City Administ a Kathleen M. Swanso��Yl� City Clerk �� SUBJECT: Designation of Official Newspaper INFORMATION December 29, 1994 As part of the annual meeting, Council is required to designate an official city newspaper for the year. Only the Lillie Suburban Newspapers (South-West Review) submitted a request for official designation. DISCUSSION The South-West Review was the city's official newspaper for 1994 and also serves South St. Paul, West St. Paul, Lilydale, Mendota and Inver Grove Heights. Although the Sun Current was the city's official newspaper for many years, they apparently have chosen not to request official designation for 1995. The Review staff have been very cooperative in publishing press releases. Coverage given to Mendota Heights City Council meetings has been good - the Review's local reporter is present at most Council meetings. The rates quoted for legal publications in the attached letter are slightly higher than 1994 but remain less than half of the rate charged by the Sun-Current for 1993. RECOMMENDATION I recommend that Council designate the South-West Review as the official newspaper for 1995. ACTION REOUIRED If Council concurs in the recommendation, it should pass a motion designating the South-West Review, published by Lillie Suburban Newspapers, as the official city newspaper for 1995. illiE SubuRbAN NEWSPAPERS 2515 E. Seventh Avenue � North St. Paul, MN 55109 (612) 777-8800 December 1, 1994 Mayor Charles Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Fieights, MN 55118 Dear Mayor Mertensotto: Thank you for the opportunity to bid on public notice publication services for the City of Mendota Heights. Lillie Suburban Newspapers has been serving the needs of the Mendota Heights area for 17 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His son, N. Theodore L.illie, and grandson, Jeffery Enright, are continuing the family tradition of publishing award-winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Mendota Heights area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. We realize that Mendota Heights area residents look to the South-West Review as one of their primary sources of information about city activities and meetings, and we will condnue to publish the city's press releases and photos. The South-West Review editorial staff includes news editor Lori Sater, staff writer Jessica Gross, sports writers Sam Aselstine and Wally Wakefield, and photographer Jeti Melnick. The South-West Review is the legal newspaper for Mendota Heights. The South-West Review has the official designation of the neighboring communities of West St. Paul, Inver Grove Heights, South St. Paul, Mendota and Lilydale. Noon Wednesday is the deadline each week for submitting public notices to our o�ce. Late public notices aze accepted up to 10 a.m. Thursday for the Sunday newspaper. Public notices should be directed to Barbara Michel, Lillie Suburban Newspapers, 2515 E. Seventh Ave., North St. Paul, MN 55109. Our fax number is 777-8288. Legal publication rates for minutes, advertisements for bids and other notices are as follows: $3.69 per column inch for a one-time publication $3.18 per column inch for each additional publication Thank you for considering the South-West Review as the official legal newspaper for the City of Mendota Heights for 1995. If you have any further questions, don't hesitate to call us. S' cerel , � e E ght Co blis er �;�� � � N. Theodore Lillie ��� Co-Publisher `; i E' RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW - OAKDALE-LAKE ELMO REVIEW - NEW BRIGHTON BULLETIN NEWS SHOREVIEW BULLETIN - ST. ANTHONY BULLETIN - SHOPPING REVIEW - SHOPPING REVIEW EAST ROSEVILLE REVIEW - SOUTH-WEST REVIEW - WOODBURY-SOUTH MAPLEWOOD REVIEW � CITY OF MENDOTA HEIGHTS i� • December 29, 1994 TO: Ma.yor and City Council FROM: Tom Lawell, City Administr o SIIBJ'ECT: Appointment of Representatives to NDC4 DISCIISSION Recently the City was contacted by Ms. Jodie Miller, Fxecutive Director of the Northern Dakota County Cable Communications Commission (NDC4) informing us that the terms of our two current representatives to the Commission were due to expire in January 1995. As such, she has asked the City Council to consider at its first meeting in January the appointment or reappointment of representatives to each senre two year terms. Currently our two representatives are as follows: 1. John Huber, City Council Representative 2. Mike Sokol, Citizen Representative I have communicated with Councilmember Huber and Mr. Sokol and both have indicated a desire to be reappointed to the Commission. A letter from Mr. Sokol confirming his desire is also attached. ACTION REQIIIRED Council should consider a motion to reappoint Councilmember John Huber as our Council representative and Mr. Mike Sokol as our Citizen Representative to serve on the Northern Dakota County Cable Communications Commission for two year terms effective January 1995 through January 1997. � SoKor. & T�oNs, P.A. ATTORNEYS AT LAW 600 PARK PLACE EAST 5775 WAYzp.TA BOUL�'VARD MINNEAPOLIs, MINNESOTA 55416-1232 (612)333-8333 FAX (612) 593-5111 MICHAEL B. SOKOL December 23, 1934 c�op� Honorable Charles Mertensotto, Mayor City Council Members City of Mendota Heights 1011 Victoria Curve Mendota Heights, MN 55118 Re: At-Large Cable Commission Appointment Dear Mayor and Council Members: I received a copy of the letter from Ms. Jodie Miller, Executive Director, NDC4, dated December 20, 1994, regarding the appointments to the cable commission for two year terms commencing January 1995. I was appointed as the at-large representative for Mendota Heights this past January after the resignation of Ron Rogosheske, and have served since that dme. I am writing to request your consideration for my reappointment to the commission for the two year term commencing January 1995. I have been involved with the commission since 1987. I have served as both a commissioner and, during 1991 to 1993, as the attorney to the commission. During my involvement I have assisted with the development of the organization from the initial concerns related to the build out of the cable system through the cunen� phase focusing on regulation of the cable system. Now, we are fast approaching the time frame for the franchise renewal process. I would like to contribute my experience and knowledge toward that end so that Mendota Heights will be in a better position to obtain the benefits of the information age through the new technologies that will be available. .� Honorable Charles Mertensotto, Mayor City Council Members December 23, 1994 Page 2 Please consider my request for reappointment favorably. I would like to continue my involvement in this area of personal interest as a way for me to contribute to our fine city. I would be happy to mee 'th the City Council at your request, and had planned on reporting to the City Council du 'ng iscuss' n of a ending request for an ordinance amendment. Thank you. V ry ruly rs, B. Sokol MBS:mm cc: Tom Lawell, City Administrator Jodie Miller, Executive Director, NDC4 � CITY OF MENDOTA HIIGHTS �:� • ember 29, 1994 TO: Mayor, City Council and City A FROM: James E. Danielson, Public Works Dire tor r . = SUBJECT: Mosquito Control Presentation - • r � , � Mr. Dave French, Supervisor for the Dakota County Division of the Metropolitaa Mosquito Control District, has requested to make a presentation to the City Council on his organization. Mr. French has a short video tape, will make aa oral presentation, and then answer questions. ACTION REQUIRED: Allow Mr. French to make his presentation and ask any questions. CITY OF MENDOTA H�IGHTS December 29, 1994 TO: Mayor and City Council FROM: Tom Lawell, City Administr o � SIIBJECT: PrimeNet Marketing, Inc. Design Modification Request DISCIISSION In September of this year the City Council authorized the issuance of a building permit for the construction of the PrimeNet Marketing, Inc. facility located on Pilot Rnob Road just north of the Big Wheel/Rossi headquarters building. Earlier in the summer the facility was first introduced to the Council by United Properties and was shown with an exterior finish known as Dryvit. Council questioned the architectural desirability of the material being used in such a large application and in response, United Properties modified the building plans to include Fabcon precast panels on the exterior of the building. As deacribed in the attached letter fro United Propertiea, the modified approved desi with the exception of the building entrance on the plans approved in September, this are curved entry way and was to be finished with attempting to have the panels fabricated, it such panels are not easily manufactured in a and to do so requires the use of a very thin subject to buckling over time. Use of smooth in a segmented look with ma.ny vertical lines, would be aesthetically unpleasing. m Mr. Dale Glowa of gn is working well area. As envisioned a was to include a metal panels. In was discovered that curved configuration sheet metal which is panels would result a condition which In response to this situation, Mr. Glowa has requested on behalf of PrimeNet an additional modification to the building design which would allow a limited application of Dryvit in the entrance way area of the building. The area in question is approximately 40 feet in width and 28 feet in height, representing about three percent of the total exterior surface area of the building. Further details of the request are shown on the attached photo and plan sheets submitted by Mr. Glowa. fJ RECONIl�iENDATION After discussing the situation with Mr. Glowa, staff believes his request for a minor design modification to the entry way is reasonable and wouTd result in a more aesthetically pleasing finished product. Although extensive use of Dryvit in large applications may continue to be a concern for the Council, the minimal use proposed in this application should enhance, not detract, from the appearance of the completed facility. ACTION RE4IIIRED Council should meet with Mr. Glowa to•discuss the specifics of the desired plan modification and should consider a motion to formally approve the request. t � UNITED PF�OPERTIES DEVELOPNIENT COMPANY December 28, 1994 Mr. M. Thomas Lawell City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55108 RE: PRIMENET MARKETING, INC. Dear Tom: This is to formally request the City's consideration and approval to accept a limited application of Dryvit Exterior Finish System at only the front entry.for the above referenced project. The current design provides for Fabcon precast panels on all sides of the building and a limited use of architectural metal panels at the entryway. However, the tenant and the design team prefer a rounded effect at the front entry, which is not possible using the metal panels. The metal panels come flat and would create a segmented look with several vertical lines. We request substituting Dryvit for the architectural metal panels. The entry area we refer to is approximately 40 feet in width and 28 feet in height. This area is a combination of hard surface material and glass windows. Of the total wall surface area, it totals approximately 3%, so we are requesting your approval to use the Dryvit Exterior System in a very limited application as an accent. We strongly believe that this accent detail will create a much better design impact for the project than the architectural metal panels or any other substitute materials. We strongly believe that the technology exists today to maintain the long-term integrity of this product. Several examples of excellent applications of Dryvit exist in the Twin Cities. We have submitted 10 copies of the project rendering, the building elevation drawings and the site plan for your review. We respectfully request you� approval. Sincerely, Dale J. Glowa Senior Vice President DJG/kb Enclosure 3500 West 80th Street Suite 100 Minneapolis. MN 55431 (6121 831-1000 M . • ' ' � . ' �! . , , 3 . , s � � ' , ` ' ,� . _ � � ' : „ ` { � � �` %� �F .it f:� Y y �.� , , . ; d,� � ,� �:� � : , .< ,t'. .. - ., ?n �"z' �` ���r�� �� ''" '�� }��`,''<<'\����� �r�' ;"�;_�,��...�•�-.', � � + � `.c »:J ��, �' rJ "' �'-"' t I" r �� ' . �`'--� �. � � M"�����R^�X ,, ''�+4SK�=C?� �� �� �` � ( "1':to-e � � ��4+,. �. � 4 `.+{� �- �,�.r.' , .'" 4�...� � ,w,,�i, , . '� �.., � a, 4� .! . �,�r . "+.-; ._.. *«..n,r .... �'"� i.. .�:s ,„r'' � , �,.� ,,�,. '"+�..5^,�-.N .K.,......M., � ; .; � ° . �,� 4� � s � �. . �, , _ . � � � . . ' �.} . � �. ; _ � `� ��� � ' M1 .. ' . - . + � . . .. _ . �� 2�'� . „ . : _ ��gAi�`; ` � , "'£' 'y ' , ' , r � , ' " , ,xs, �.. . � . ', . .. ..r::�. ' , £� , . - " i . . , � ^, ' . „ � � `., t. :ai : . , ., .? ,:'` ' ' .i% 4' , � Y �. r*n � � r '� ; < '1 � . , , ' k .. , -i+"'., a..� c'.�`�; �, i.S^a. � ' \ �>t.� wi: e, +� �` . - ;'. ��: " ' ' , ' �. ' � • . ,a�d+�� � . ` • � � � � , „ , - � . }.0 .,.� � . . w � ,*"':�`� ' ' y .j. , � ' ' ' i ) . , .. p ,. , ,• � ' -, '• ', , r ' w�„z ' ` a��`M,» i..t ' ° ... . t k � . . . . ' . ,. ..,, " : , �,: . }�_ f T . `` � ,��� " t � � , . � � � �, . -s+ . . n . � .�. . . : . ' : � � � + ', . . ,. . _ _ _ <r. . ... .. � . . 1 t'"� . _ . . ,� r w.� �`,�afi :�14�r.i��./l�i•«1' '�r�`���'��"If . i 7� k � . _ ___ ._ f—.��rnnwir+C CI(FTC:H KKE ARCHITECTS CITY OF MENDOTA HIIGHTS �:� � � D mber 29, 1994 TO: Mayor, City Council and City Admini � FROM: James E. Danielson, Public Works D" SiJBJECT: Mendota Meadows Developers Agreement Review DISCUSSION: Mr. John Mathem is working toward having his final plat and fmal PUD plan modifications made to conform to Council comments and ready for the January 17, 1995 meeting. In anticipation of considering those approvals next meeting, I have prepared a draft Developer's Agreement and a Scenic Easement for review by Council. A copy of the easement has also been submitted to City Attorney Hart for his review. ACTION REQUIRED: Review the attached draft Developer's Agreement and Scenic Easement and make any additions or corrections. A final draft will then be presented to Council for approval along with the final plat. s � ; � ; �4 CITY UF MENDOTA HEIGHTS DAKOTA COUNTYrIlZI1VNESOTA CONTRACT FOR TOWNHOME DEVELOFMENT THIS AGREEMENT.made and entsred into this day of , 1994 by and between the City of Mendota Heights, Dakota County, I��innesota, (hereinafter called the "City"} and Mendota Hames, 316 Chester Street, St. Paul, MN 5510'7 (hereianafter called the "Developer"). WITNESSETH: WHEREAS,�eveloper proposes a plat for a thirty-six {36} unit toumhome development in Mendota Heig,hts to be knawn as Mendota Meadows, consisting of 10.83 acres located in the southeast quadrant of Dodd Road (Trunk I3'ighway 149) and Mendata Heights Road, in Mendota Heights, Minnesata; and WHEREAS.}�ublic services are needed by the Developer from Mendota Heights in order to proceed with said development; NUW THEREFO�tE.it is hereby agreed by and between the two parties as follaws: Developer v+rilt petition the City for needed public improvements {Sanitary Sewer, Storm Sewer, Watermains, Streets, Sidewalks and City Standard Decorative Street Lights). Develaper agrees to pay $5,400.00 escrow ta the City as per {�rdinance No. 1503. Escrow to be refunded upon successful completion o£the project. Street iights, after they are installed, ��ill be maintained, in all respects, by the Homeowner's Association to include energy costs. 2. Developer wiU provide at no cast to the City all needed temporary constnxctian easements to install said improvements and thase permanent, right-of-way easements, necessary for said public impravements. Developer will proceed imrnediately ta commissian a registered land surveyor to piace and maintain enough Iot carners to that street centerlines an;d alI utilities can be located by City Staff. 4. Developer agrees to grade site and place mirumum basernent elevations according to the grading plan dated July 28, 1994, as revised 8/4I94, 919194, 10/11/94, 11/11/94 and 11l23/94, and protect the environment by establishing and keeping in place erasion controls at all times. Ntinimum erasion control requirements wilI consist of top dressing, seeding and mulching of disturbed areas wiihin 3Q days of site work completian or as soon as feasible in the spring, as we11 as the use of a sump area followed by a double row of silt fences where concentrated surface water runofftakes place (per grading plan). The Developer agrees that he will satisfy any State requirements for a grading permit. :5. Developer acknowledges that there will be park contribution due to the City as per Ordinance 301, Section 6, as amended by Resolution 92-94. That contribution is to be $750 per lot or $27,000 and is payable prior to the Mayor signing the final plat. 6. As part of the grading operations, the Developer shall stockpile 1,000 cubic yards of topsoil for use by the City in boulevard restoration. 7. If and when there is an excessive buildup of mud or dirt on existing City streets as a result of grading or building operations, the Developer shall have the affected streets swept by mechanical means, at the direction of the City, should the Developer fail to comply with a City request, the City will order the work done and its cost will be deducted from the Developer's escrow. 8. It is further agreed that the Developer will furnish the City of Mendota Heights a corporate surety bond, certified check, certificate of deposit, or irrevocable letter of credit to cover 150% of the estimated cost of the site landscaping, erosion control and grading. 9. No occupancy of any building in said plat shall occur until water and sanitary sewer improvements have been installed, inspected and accepted by the City and by St. Paul Water utility and are available for use. 10. The provisions of this Agreement shall be binding upon and enforceable against the Developers, their successors and/or pernutted assigns, of the property described herein. Notwithstanding the foregoing, this Agreement shall not be assignable by Developers to any third party. 11. In the event that the City initiates litigation to enforce performance of Developer's obligations hereunder, the City shall be entitled to reimbursement of all costs and attorney fees incurred in connection therewith, whether incurred prior to or after entry of judgement. 12. The Developer agrees to purchase Outlot B from the City for $30,000.00 to be paid at the time of final platting. Outlot B will be controlled with a scenic easement that addresses maintenance of the lot. 13. The Developer agrees to landscape and maintain Outlot A(the holding pond) in all respects, except for, as it relates to its storm water holding capacity. CITY OF MENDOTA HEIGHTS DEVELOPER: MENDOTA HOMES : Charles E. Mertensotto, Mayor Its M. Thomas Lawell, City Administrator EASIIVIENT AGREIIVIENT TffiS AGREIIVIENr made this day of , 1995, by and between MENDOTA HOMES, INC., a Minnesota corporation, party of the first part, and the CITY OF MENDOTA HEIGHTS, a municipal corporation (hereinafter call the "City"). WITNESSETH: That the party of the first part, in consideration of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION to it in hand paid by the City, the receipt of which is hereby acknowledged, does hereby grant, quitclaim and convey unto the City, its successors and assigns the folly�����: C8� A permane��easement of the nature and character and to the extent and for the purposes set forth below in, upon, over and across all that land lying and being in the County of Dakota, State of Minnesota, and legally described as follows: Outlot B, Mendota Meadows located in Section 35, Township 28 North, Range 23 West, Dakota County, Minnesota RESTRICTIONS HEREBY IlVIPOSED UPON TI� LAND, the acts which the grantor convenants to refiain from doing upon the land, and the rights granted to the City of Mendota Heights, Minnesota, by the Grantor, Mendota Homes, Inc. are as follows: 1. The general purpose of this Scenic Easement is to retain the land predominately in its natural, scenic, open or wooded condition, or as a suitable habitat for wild life. 2. Structures, other than a City entrance monument, to include permanent and temporary, trailers, fences, advertising signs, road, hard surface improvements are prohibited. 3. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive material is prohibited. 4. The topography of the land shall be retained in its natural condition, and no grading alterations, excavation or topographic changes shall be made unless authorized in writing by the City of Mendota Heights, Minnesota. 5. Vegetation may be planted on the land that is indigenous to the land and appropriate to the natural environment. Vegetation within the easement may be maintained to prevent disease. 6. Activities detrimental to drainage, erosion control, soil conservation, or wild life habitat preservation are prohibited. .� � y L' 7. The City will be allowed to construct an entrance monument to be located along Dadd �'-' Road (TH 149). Maintenance of the landscaping around the monument will be the responsibility of the Homeowner's Association, maintenance of the monument itself � _will be the City's responsibility. 8. The Homeowner's Association will be responsible for removing the under brush from the wooded area at least three times per year. IN WITNFSS WHEREOF, the said parties of the first part have caused this Agreement to be executed as of the date and year first above written. MENDOTA HOMFS, INC •� , � By: Its: By: Its: STATE OF 1�IINNESOTA ) ) :ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1995 by and _ _ , the and of Mendota Homes, a Minnesota. corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: CITY OF MENDOTA HIIGHTS 1101 VICTORIA CURVE MENDOTA HIIGHTS, MN 55118 4 ��