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1992-08-18CITY OF b�NDOTA BEIGHTS DAROTA COUNTY, MINNESOTA AGENDA AucTust 18, 1992 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of July 7, July 21 and August 4 Minutes. 5. Consent Calendar ** * * a. Acknowledgment of the August 11 Parks and Recreation Commission Minutes. b. Accept Project and Approve the Final Payment for Mendakota Community Park - RESOLIITION NO. 92-49 c. Approval to Install Two Hot Air Hand Dryers at Mendakota Park Concession Building. d. Approval to Install Metal Lockbox for Equipment Storage at Mendakota Park. e. Approval to Award Bid for Backstop Hoods at Civic Center and Friendly Hills Ballfields. f. Approval of WMO Joint Powers Amendment. g. Approval to Reserve Roger's Lake Tennis Courts for Use by Convent of Visitation School Tennis Team. h. Acknowledgment of the Treasurer's Report for July. i. Approval of Remodeling Project at 2020 Dodd Road - McDonald's. j. Approval of Public Works Garage Architects Agreement. k. Approval to Purchase New Dump Truck. l. Approval of RESOLIITION NO. 92-50, Supporting Regional .�- Trails in Dakota County. m. Approval to Advertise Bids to Mill and Overlay Marie Avenue from Dodd Road to Delaware Avenue. n. Approval of RESOLIITION NO. 92-51, Tentative 1992 Levy Collectible in 1993 and RESOLIITION N0. 92-52, Final 1992 Tax Levy for Special Taxing District No. 1 Collectible in 1993. o. Acknowledge Receipt of NDC-4 Meeting Minutes. p. Approval of Election Judge Resolution - RESOLIITION N0. 92-53. q. Approval of the List of Contractors. r. Approval of the List of Claims. s. Approval of CDBG Cooperative Agreement. t. Authorization for Equipment Certificate Issue - RESOLtTTION N0. 92-54 i3nd of Coaseat Calendar ( ;� 6. Public Commeats � 7. Presentation a. Report on Park Celebration - Administrative Assistant Kevin Batchelder b. 1991 City Audit - Mr. Steve Laible, Peat Marwick 8. IInfiaished and New Business a. Discussion on Traffic on First Avenue. b. Discussion on Mendota School Playground Installation and Consideration of City Funding. c. Discussion on Associated Bureau's Tax Increment Request. d. Discussion on Twin Cities Celebrity Softball Classic Request to Reserve Mendakota Park - June 12, 199�� e. Review and Approval - Arndt Plat (Pending Arndt Family Review and Comment) RESOLUTION NO. 92-55. ' f. Discussion on Funding Options for Ivy Falls Creek. g. Air Noise Corridor Update. h. Discussion on Harry Rirchner Property - Highway 149 (Dodd Road) . 9. Couacil Commeats 10. Adjoura . ,�. Auxiliary aids for disabled persoas are avsilable upoa request at least 120 hours ia advaace. If a aotice of less than 120 hours is received, the City of Meadota Heights will make every attempt to provide the sids, however, this may aot be possible oa short aotice. Please contact City Admiaistration at 452-1850 with requests. � CITY OF MENDOTA HEIGHTS MEMO August 18, 1992 T0: Mayor and City Council • FROM: Tom Lawell, City Administ SUBJECT: Add On Agenda for August 18th Council Meeting Information has been submitted for items 5p and 5q (*). Additional information has been submitted for item 5n (**). 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on green paper. 5n. Approval of RESOLUTION N0. 92-51, Tentative 1992 Levy Collectible in 1993 and RESOLUTION N0. 92-51, Final 1992 Tax Levy for Special Taxing District No. 1 Collectible in 1993. Please see attached memo regarding Truth in Taxation Budget and Levy Hearing. �p. Approval of Election Judge Resolution. Please see attached Resolution . , 5c�: �-Approval of the List of Contractors . � 0 Please see attached List of Contractors. MTL:kkb CITY OF MENDOTA SEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA August 18, 1992 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of July 7, July 21 and August 4 Minutes. 5. Conseat Calendar a. Acknowledgment of the August il Parks and Recreation Commission Minutes. b. Accept Proj ect and Approve the Final Payment for Mendakota Community Park - RESOLIITION NO. 92-49 c. Approval to Install Two Hot Air Hand Dryers at Mendakota Park Concession Building. d. Approval to Install Metal Lockbox for Equipment Storage at Mendakota Park. e. Approval to Award Bid for Backstop Hoods at Civic Center and Friendly Hills Ballfields. f. Approval of WMO Joint Powers Amendment. g. Approval to Reserve Roger's Lake Tennis Courts for Use by Convent of Visitation School Tennis Team. h. Acknowledgment of the Treasurer's Report for July. i. Approval of Remodeling Project at 2020 Dodd Road - McDonald's. j. Approval of Public Works Garage Architects Agreement. k. Approval to Purchase New Dump Truck. l. Approval of RESOLIITION NO. 92-50, Supporting Regional .�.. Trails in Dakota County. m. Approval to Advertise Bids to Mill and Overlay Ma.rie Avenue from Dodd Road to Delaware Avenue. n. Approval of RESOLUTION NO. 92-51, Tentative 1992 Levy Collectible in 1993 and RESOLIITION N0. 92-52, Final 1992 Tax Levy for Special Taxing District No. 1 Collectible in 1993. o. Acknowledge Receipt of NDC-4 Meeting Minutes. p. Approval of Election Judge Resolution - RLSOLUT=ON NO. 92-53 (Available Tuesday) q. Approval of the List of Contractors (Available Tuesday) r. Approval of the List of Claims. s. Approval of CDBG Cooperative Agreement. t. Authorization for Equipment Certificate Issue - RESOLIITION NO. 92-54 End of Consent Caleadar � 6. Public Coamneats � n 7. Presen�ation a. Repor� on Park Celebratian - Administra�ive Assistant Kevin Batchelder b. 1991 City Audit - Mr, Steve Laible, Peat Ma.rwick 8. IIn�iaished and New Business a. Discu�sion on �raffic on First Avenue. b. Discussion on Mendota School Playground Tnstallation and Considera�ion of City Funding. c. Discussion on Assaciated Bureau's Ta�c Increment Request. d. Discu�sion on Twin Cities Celebrity Sof�.bal1 Classic Request to Reserve Mendakota Park - June 32, 1992. e. Review and Approval - Arndt Plat (Pending Arndt Family Review and Comment } . f. Discussian on Funding Op�ion� for Ivy Falls Creek, g. Air Noise Corridor Update. h. Discu�sion on Harr�r Kirchner Property - Highway 149 (Dodd Raad} . 9. Couneil. Couuaents 10 . Ad j aurr� . .� ' Au�ciliary sid� for disabled persons are available upoa reguest a� least 120 hours ia advance. 2f a aotice of less thaa 120 hours is reeeivad, the C3ty a£ Meadota Heights will make every attempt ta provide the aids, however, this may not be possible oa short uotice, Please caa�act City Administratiou at � 452-1850 with reques�s. �� a. Page No. 3329 July 7, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 1992 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o�clock P.M. The following members were present: Mayor Mertensotto, Councilmembiers Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Cummins moved approval of the minutes of the June 16, 1992 regular meeting. Councilmember Koch seconded the motion. CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with � authorization for execution of any necessary documents contained therein. a. b. Acknowledgment of the minutes of the June 23, 1992 Planning Commission meeting. Acknowledgment of the Code Enforcement monthly report for June. c. Acknowledgment of a letter from Wensmann Homes withdrawing its planning pre- ' application review request. d. Approval of the award of contract for installation of storm sewer, sanitary sewer and water service to Kensington Park to R.P. Utilities for its low bid of $29,960.00; award of a contract for construction of bituminous parking lot with curb and gutter and 8 foot wide bituminous trail for Kensington Park to McNamara Contracting, Inc., for its low bid of $38,862.50; and award of the Page No. 3330 July 7, 1992 contract for Kensington Park fine site grading, common excavation and spreading of topsoil to Steininger Construction ` Company for its low bid of $35,400.00. e. Award of bid for five soccer goals to Minnesota Playground, Inc. for its low quote of $6,603.00. f. Adoption of Resolution No. 92-40, y"RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR MENDOTA HEIGHTS BUSINESS PARK II(LENNOX, IMPROVEMENT NO. 92, PROJECT NO. 3)." g. Authorization for staff to solicit requests for proposals from architects for design of the Public Works Garage expansion. h. Acknowledgment of requirements for auxiliary aids for persons with disabilities and adoption of language for use on all city agendas and all mailed public notices. i. Approval of a joint workshop with the Planning Commission to be held on September 29th at 7:30 p.m. . • j. Acknowledgement o"f a memo on enforcement of the park ordinances which prohibit horses from improved areas of parks and trails. ��"� k. Authorization to sell the 1985 and 1987 _ engineering and code enforcement vehicles as surplus equipment and to convert two surplus 1990 squads for use by those departments. � 1. Adoption of Ordinance No. 286, "AN ORDINANCE PROHIBITING PARKING AT 1445 MENDOTA HEIGHTS ROAD AND CROWN POINT FRONTAGE ROAD." m. Authorization to Mr. Dick Braun, 1810 Delaware Avenue, West St. Paul, to connect to the city�s water system conditioned upon submission of a$2,772.00 connection fee. Page No. 3331 July 7, 1992 n. Approval of the list of contractor licenses dated July 7, 1992 and attached hereto. o. Approval of the list of claims dated July 7, 1992 and totalling $954,764.63. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Virgil McQuay was present regarding the use of city trails. He stated that rules for trail use are not posted on the trails and they are not being used safely, as an example, bicyclists are travelling to fast. Administrator Lawell responded that there are no usage rules for the trails but that stop and hazard signs will soon be installed and enforced. An unidentified member of the audience stated that the trails are not suitable for mixed bicycle/pedestrian use and that bicyclists must be very cautious because of clusters of pedestrians. Mayor Mertensotto directed staff to do research on trail usage rules and publish an article in the next newsletter to remind trail users to exercise common courtesy and proper trail usage. DOWNTOWN MENDOTA Council acknowledged a report from Public HEIGH'I`S Works Director Danielson regarding Dodd Road/T.H. 149 intersection improvements and a report from City Planner John Uban informally reviewing sketch plans for elderly housing on a parcel north of T.H. 110 on unused T.H. 149 right-of-way submitted by Brian Birch. Council also acknowledged a letter from Mn/DO�' Planning Engineer Robert Brown regarding Mn/DOT review of a concept for a diamond interchange at T.H. 110/149 submitted by Mr. Birch, finding that the concept does not meet Mn/DOT standards. City Planner Uban stated that in a 1985 study his firm reviewed how the downtown area might develop and improvements to the intersection. Since that time some things have changed - traffic is using the interstate'system, etc., but there remains a concern over good Page No. 3332 July 7, 1992 circulation within the community. For this reason his firm was directed to review the findings of the study in May, 1992 and presented at that time what appears to be the best solution. He informed Council that the alternative his firm finds to be the best is crossing over T.H. 100 with a bridge. The proposal offers good north/south circulation that does not have to stop for highway traffic and is safe, yet still allows the existing intersection at T.H. 110/149 so that all commercial traffic can continue as it does today but takes pressure off of the intersection. The proposal would increase the capacity and safety and minimize the stacking distance at the intersection. Secondly, his firm looked at access - how would the new land which would be opened up for development (Mn/DOT right-of-way) be accessed. Through a process involving Mn/DOT, the old right-of-way can be returned to the prior owner or through a bidding process could be opened for development in all four quadrants of the bridge crossing. He stated that the city wants to be sure that enough right-of-way remains to accommodate a compact diamond interchange in the future if needed. Responding to a question from Mayor Mertensotto, Planner Uban stated that the traffic level at the intersection in 1990 was 19,000 trips per day on T.H. 110 and about 6,000 trips per day on Dodd. The bridge proposal would divert about 4,000 trips from the intersection. Mayor Mertensotto noted `'"� that Mn/DOT forecasts as high as 50,000 trips per day on T.H. -110 by the year 2000. Councilmember Smith stated that the drawing shows access just to the north of the future ramp. She stated that should the ramp become necessary it would clearly impact any ' development that would occur in the area. Mr. Uban responded that the actual design would be carefully reviewed before any development is approved in the future. Mayor Mertensotto asked for questions and comments from the audience. Dr. Ted Chao stated that about 10 years ago Mn/DOT told the residents that Dodd Road would be swamped by cars, and the Mayor has Page No. 3333 July 7, 1992 mentioned a 50,000 car projection. He did not believe that the projections are correct. He asked what happens, on the Dodd Road relocation plan, where the new road meets Dodd south of T.H. 110 and whether the city is willing to spend such a considerable amount of money and time because of the Mn/DOT projections. Mr. Uban responded to the relocation plan � questions. Mayor Mertensotto stated that regardless of whether the projections by Mn/DOT are right or not it is improtant, if a bridge is to be constructed over T.H. 110, that enough room is left for a diamond. He further stated that in the past there were many deaths and accidents at the intersection. With I-494, the trucks are off of Dodd and there has been a big improvement in the accident rate. While Council hopes that this continues, if traffic is again to increase it would be a very dangerous intersection. He pointed out that the city would be trying to build the bridge using MSA funds. Public Works Director Danielson stated that the city would ask Mn/DOT to redesignate T.H. 149 along the new route. � Mr. John Streeter, representing Paster : i Enterprises, stated that his firm was first � introduced to the study by city staff about _ three weeks ago and that his firm was not involved in any of the planning process. Mr. Streeter stated that from what he has read of `�" the study he believes a good job has been done _ and he supports the proposal. Mr. Ed Paster stated that he recognizes that there are several problems getting into the shopping center and is very happy to see the work that has been done on the problem. He stated that he and Mr. Streeter are only speaking in favor of the project on behalf of Paster Enterprises. Councilmember Cummins asked Mr. Adele Lare, from Mn/DOT, what Mn/DOT proposes to do if the proposed project is not approved. He also asked if anything can be done in the current alignment if traffic levels reach the projected levels. Page No. 3334 July 7, 1992 Mr. Lare responded that Mn/DOT bought the T.H. 149 right-of-way because it wanted to realign the intersection. When the volumes reach 50,000 trips per day, Mn/DOT will have to look at a realignment. Mr. John Lapakko stated that about five years ago there was a citizen group involved and it was determined that there would be no changes. He stated that he has lived at his current address for 18 years ago and before he bought his lane there was right-of-way for realignment of Dodd. He was concerned that there will be access going north on Dodd (if the bridge is constructed) but nothing will have changed if the intersection of Dodd and T.H. 110 remains. He pointed out that there will still be accidents and asked what affect the change would have on fire response time. He suggested that a bicycle/pedestrian bridge would be a better alternative. Mayor Mertensotto responded that there is absolutely no safe way for pedestrians or bicyclists to get from the north side of T.H. 110 to the south or the reverse and that Council has looked at a pedestrian bridge and found that there is very little usage of such bridges unless they are put on a roadway. , Councilmember Blesener stated that Council's objectives are somewhat different from what they were in 1985. The goal is to provide better access to all citizens, not necessarily better through traffic, although Council wants ��" a safe intersection at T.H. 110, but also _ because it wants to a provide safe bicycle/pedestrian crossing. She stated that Council has no intention of removing the intersection, which would only be done in the future if it is absolutely necessary for safety. She pointed out that Council just � wants to reserve right-of-way for the future potential. One of the major objectives in 1985 was to create a commercial area and provide a road for that area - the objective now is to provide a safe crossing over T.H. 110 while the right-of-way is still available. Councilmember Cummins stated that the alternative in 1985 was to loop the road through Friendly Hills. Council is not talking about that type of alignment now - the current proposal does not impact Friendly Page No. 3335 July 7, 1992 Hills at all, which is a significant difference from the 1985 proposal. Mr. Brian Birch stated that he is appalled at what is proposed and that it sounds like a whitewash. He felt that almost no real engineering work has gone into the proposal and stated that he only received information from the city yesterday. Mr. Birch stated that since receiving the report he has put , together a plan that will give credence to some new work in the area and maintain the original task force goals. He informed Council that he has met with all of the business operators in the shopping center, but not Mr. Paster"; and the business owners north of T.H. 110 and did not find anyone who knew anything about what is proposed. He noted that a recent newspaper article stated that the project cost would be $2 million but that it would actually cost $6 million according to information he received from Mn/DOT. He stated that Mn/DOT liked his plan better than the city's and that the city must not deviate from the goals of the 1985 task force. He suggested that an environmental study done in 1985 would prevent the plan and stated that the city has not contacted the Dodge Nature Center. He felt that the area adjacent to the nature center should be preserved for the future. He also stated that he would not benefit from the proposal and that he could develop the right-of-way adjacent to his property for commercial use. He felt that the plan is bad for the city. Mr. Birch asked Mr. Lare to respond to his proposal to but an overpass at T.H. 100 at its existing intersection. He stated that Mr. Paster did not take into account those who rent from him and the impact the proposal would have on their business. He stated that' a diamond interchange in the future would give them no visibility and suggested that the plan be dropped. He further stated that all that needs to be done is to put in an overhead pedestrian/bikeway across the intersection at much less cost. He stated that he has proposed, on his plan, a five lane wide expansion to the intersection using Mn/DOT standards, which puts it at a few feet from the middle entrance to the shopping center. Page No. 3336 July 7, 1992 In response to Mr. Birch's comment about just having received the information from the City, Mayor Mertensotto stated that Mr. Birch has known about the proposal for six months and has had input in the matter. He further stated that nothing is cast in concrete and that Council is talking about a concept it is exploring. Mr. Tom Norman stated that he would be concerned where Freeway Road crosses the new Dodd in the future. He asked whit kind of intersection it would be and requested that some of the neighbors in the area be contacted for input when further ideas are put forth. Mayor Mertensotto stated that everything came about because Mr. Birch has been negotiating with Mn/DOT for rights to the right-of-way. When Mn/DOT turns back the right-of-way Mr. Birch would have the first right to purchase the right-of-way at market value. �Mayor Mertensotto stated that Council�asked the City Planner to take a look at a concept now because Mr. Birch has been putting pressure on Mn/DOT to release the land. He further stated that something must be done now if the city is to retain the right-of-way for the future, otherwise Mr. Birch will develop it commercially. Mr. Birch responded that it is his intent to buy the land and develop it. Mayor Mertensotto stated that this is the only `"`" chance the city has to do something in terms of planning for the future before Mn/DOT releases the right-of-way. Mr. Birch stated that to build the intersection and roadway would violate almost every one of the 1985 task force committee ` goals. Mr. Chuck Tuomy, operator of the Amoco Station at the intersection, stated that he has operated the station for 25 years. He stated that he was invited to City Hall last week to review the plan with city staff and was concerned about access to T.H. 110 at the new location. He stated that he has seen at least four proposals for improving the intersection during the past 25 years and that overall, the plan currently being presented is the best one. He further Mn/DOT will pay Mn/DOT has given informed Council plan. Page No. 3337 July 7, 1992 stated that he hopes that for the project, and asked if its approval to the plan. He that he does not oppose the Mayor Mertensotto responded that it has not, that the plan is concept only at this time and if it is approved by the city, Mn/DOT will come up with a land disposition plan to aacommodate the city needs. Dr. Tom Koepke stated that he owns the animal hospital at the intersection of Dodd and Freeway Road. He stated that the concept looks fine to him and that he would hate to see the city give up the right-of-way that is available today just because the plan might not be feasible today. He pointed out that in 1985 the Methodist Church had not been built and all the land behind the church and along Marie Avenue had not been developed. In the next three or four years, the city be fully developed, and he felt that at this point the city needs to at least leave that the right- of-way open, the way it is if nothing else, so that if traffic patterns do change in the future the land will be available. He stated that he would hate to see Dodd Road cut off from T.H. 110 because it would hurt his business, and this may not occur, but at least the city needs to leave open the option it has so the land is available for future needs. Mr. Chuck Phillips, from Fina Oil, stated that `"`"' he received a letter from the city about this evening's meeting on July 2nd. He stated that the proposal has a substantial impact on his business yet he had no input into the planning process. He stated that his business depends on traffic and the proposal clearly diverts traffic from his facility - as Mr. Uban had ` indicated, 6,000 vehicles per day would be diverted to the new roadway. He stated that it is fundamentally wrong that he was not given more notice. He further commented that he will need to have his engineers analyze the proposed plan and the impact it will have on his business. Mayor Mertensotto stated that Council talked about notifying the property owners at least sixty days ago with respect to the concept under consideration. Page No. 3338 July 7, 1992 Administrator Lawell stated that the FINA notice was hand delivered to the operator of the facility. He pointed out that although it appears some people think that the proposal is a"done deal," that is not the case - the proposal is only concept, and the purpose of the meeting this evening is to receive public comments. He stated that staff would certainly meet with anyone who would so desire. Mr. Phillips stated that he was not consulted as to what he thinks of the design, and that although he is present to discuss the matter this evening he had no input into the plan currently being discussed. Mr. Bob Swenson stated that he has lived in Friendly Hills for 31 years and is a pedestrian going through the intersection at least four times a week. He challenged the conclusions made in the report, stating that the pedestrian traffic is children from the populated areas to the south and east of the shopping center going to McDonalds and Snyders, who are not being forced to cross a highway now. He felt that the accident rate would increase under the proposed plan and that the plan should be abandoned for a better solution, perhaps by moving the intersection and building a cloverleaf. He suggested that Council seriously look at updating the existing intersection, whether that be by an . .�.. overpass or underpass. _ Mayor Mertensotto responded that the cloverleaf idea has been considered by Mn/DOT many times and there is no way that it can be accomplished and that underpasses are generally frowned on. Mr. Don Pendergrass, 706 Roundhill Road, stated that if Council is really concerned about pedestrian and bicycle traffic they would have no way to get to the intersection under the proposal. People would have to go through two additional intersections and not have improved access except for those who want to come from the north of the intersection to the shopping center. He suggested a diagonal bridge, without a spiral ramp, from the shopping center. �Mr. Pendergrass also stated that he believes the area is within a wetlands N Page No. 3339 July 7, 1992 and the city would be hard pressed to put anything in the wetlands. Councilmember Cummins asked where the $2 million cost estimate came from. Public Works Director Danielson responded that, based on the planning documents, the initial estimate was arrived at by staff and Mn/DOT. Councilmember Cummins asked Mr. Lare if there :. is any urgency on Mn/DOT�s part to dispose of the right-of-way and if Council could delay a decision for the next few years. Mr. Lare responded that there is no urgency except that Mr. Birch wants a decision from Mn/DOT. Mn/DOT would like to either dispose of the right-of-way or at least know what the future use of it will be. Councilmember Cummins asked if the city were to indicate that it would like to continue its current approach as an option for some years into the future would it be Mn/DOT's intent to release the land south of the plan area, and further asked what the cost would be to the city if it were to exercise the proposed plan. Mr. Lare responded that Mn/DOT would probably release the southerly right-of-way and that there would be no cost to the city for the right-of-way that would be used for roadway purposes. Mayor Mertensotto asked Mr. Phillips how much `� time he would need to prepare a written _ response. He suggested that the matter could be held open, pointing out that it is simply a concept plan that Council is thinking of as a viable option for the future. He stated that there are no construction plans and Council welcomes public comments on the matter. ` Mr. Phillips stated that he would appreciate 60 days for a response. He expressed concerns about the discussion - what is the real need, and the reduction in traffic to his business. Councilmember Cummins stated that he has urged Council to move forth on a decision on whether to retain the right-of-way for future options because he felt Mr. Birch deserves a decision. If Council believes it is in the best interest of the city to retain the right-of-way, Mr. Page No. 3340 July 7, 1992 Birch should be so advised. He stated that for the past six or seven years problems at the intersection have been considered and no one has come up with a good alternative to what is proposed in order to get people safely into the shopping center. He further stated that Council does not intend to vote on the plan this evening but that he thinks it is in the city's best interest to keep the plan open for the future. � ti Councilmember Smith moved to continue for � sixty days the discussion on reserving the right-of-way to allow written comments to be submitted. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 FAITH CHURCH OF GLORY Council acknowledged a request from the Faith Church of Glory for renewal of a special non- conforming use permit to allow church use in the Dakota Business Plaza (Ralph Linvill property). Administrator Lawell informed Council that the legal counsel for Mr. Linvill has contacted him to request that the matter be continued to July 21st. .. Discussion on the matter was tabled to July - 21st. CASE NO. 92-21, KROHN Mr. Arnold Krohn, 508 Huber Drive, was present to request approval of his application for variance to the fence height and opacity requirements for a six foot solid board fence '�`' he proposes to install in his side yard _ abutting Delaware Avenue. Responding to Council questions, Mr. Krohn stated that the fence would be about 210 feet long and will be located west of the existing vegetation along Delaware. ` Councilmember Blesener pointed out that the Krohn yard is developed up to the vegetation line along Delaware. She asked how much of the fence would be visible above the existing vegetation. Mr. Krohn responded that some length of the lot along Delaware is bare. He stated that the berm along his property is relatively level and about road height - the property is below road height. Lilacs will be planted � Page No. 3341 July 7, 1992 along the road side of the fence for appearance purposes as recommended by the Planning Commission. He stated that the purpose of the fence is to block traffic noise and visibility. Mayor Mertensotto stated that 210 feet is very long for a solid board fence especially if the fence is placed on top of a berm. Mr. Krohn responded that the lot is 290 feet deep and that traffic noise is heard well before and after traffic is at the intersection. Responding to comments from Councilmember Cummins relative to the Planning Commission recommendation for approval, Mrs. Krohn stated that some of the Commission members came to the house to listen to the traffic noise. Mr. Krohn stated that the City Planner agreed that the traffic in the area has increased and the proximity of the home to Delaware poses a hardship. Councilmember Smith asked the Krohns to shield the fence in all areas that are not currently screened if the variance is approved. Councilmember Cummins moved to approve a height variance and a variance to required openness for a fence located in the front yard to allow a six foot board fence at 508 Huber Drive in the location proposed by the applicants, on the condition that the applicant plant lilacs on the road side of the fence, on the finding that a hardship exists because both the front yard and side yard of the lot abut on high traffic collector streets. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 IVY CREEK UPDATE Council acknowledged an update from Engineer Eckles on the proposed Ivy Falls Creek project, regarding completion of the Wenck report which examined the BARR Engineering and city staff findings on gabion structures and increasing the project area. Public Works Director Danielson reviewed the Wenck report, stating that the Wenck recommendation on side slope restoration n Page No. 3342 July 7, 1992 through use of an erosion mat to stabilize and re-vegetate the side slopes would add about $40,000 to the project costs. With respect to increasing the project area, he stated that at the last meeting Council directed staff to determine how the area might be increased to include everyone within the storm water district, whose property benefits from the improvement, in an assessment plan in an effort to reduce the assessments against v p�operties which abut the creek. Mr. Danielson explained how the area is proposed to be expanded, and informed Council that Engineer Eckles has looked at doing some improvements to some minor reaches of the creek and adding eight homes. He has also looked at removing the Ivy Falls First Addition reach from the project except for some minor construction repair work. This would remove the Abrahamson property from the project and would reduce the proposed assessments for the O'Brien and Peine properties. Mayor Mertensotto directed that copies of the report be mailed to the property owners so that they can respond in writing, if they desire, before the July 21st meeting. Mr. Bill Gacke, 1198 Fallsview Court, asked why 20� of the project cost must be assessed. Administrator Lawell responded that Minnesota Statutes, Chapter 475, requires the City to '�' assess at least 20� of the total project cost if it plans to issue local improvement bonds to finance the project. Mr. Gacke asked for a copy of the statute and stated that 31 homeowners are being asked to bear 20� of the project cost even though 650 homes contribute water to the drainage district. He stated that he must lodge a protest because he views those proposed to being assessed as bearing too much of the burden. He further stated that the creek is overflowing because of improper drainage. Councilmember Cummins stated that it was his impression when staff was asked to explore the option to increase the area to reduce the cost to those on the creek that Council would be looking at adding more than eight homes to the Page No. 3343 July 7, 1992 assessment roll. He stated that if there is a reasonable argument that the 650 homes contribute to the drainage district could be included, that would be a rational basis to distributing the cost. He further stated that he is not persuaded that adding eight homes is particularly equitable. Councilmember Smith agreed, stating that including only eight more homes expands the pain but does not reduce the burden. She felt that the proposed project is a sewer improvement project and that she would like to explore more options for funding rather than an improvement to the creek that affects some property owners. She stated that the problem has been caused by development diverting water to the creek. Mayor Mertensotto stated that it is for this reason that Council is looking at undertaking 80� of the cost. He stated that this is a unique situation in which the city is trying to stabilize the creek bed, and obviously there are adjoining property owners who are losing property to the creek. He further stated that those on the creek would benefit from the stabilization of the creek, which would preserve their property. He pointed out that at least 20� of the project must be assessed. ' Councilmember Blesener stated that she thought after the last presentation that the number of households would be greatly expanded but on a ��'� smaller scale of assessment. She stated that she would like staff to look at the possibility again - a broader area to assesses. Mayor Mertensotto suggested that Council could consider a nominal amount of assessment since` the proposed project would be a general improvement of a storm drainage area. Public Works Director Danielson stated that if the same philosophy for low benefit area assessments is used as was used when the other portion of the creek was improved, staff would have to struggle with where to draw the assessment line. He further stated that basically all of the properties contributing to the drainage have paid some type of assessment for storm sewer. Page No. 3344 July 7, 1992 Mrs. O'Brien, 1199 Fallsview Court, stated that she wrote to the city after being told by Engineer Eckles that he would suggest that her property and the Abrahamson property be removed. She pointed out that Public Works Director Danielson now says that the Abrahamson property will not be assessed but that hers will. 5he further stated that her property is not eroding and that her house does not abut on the creek - the Ivy Falls Homeowners' Association property does. �She asked why only the three property owners on the reach have been targeted for assessment while the association has not. She informed Council that she pays annual dues to the association which pays the taxes and insurance on the property. She stated that she is not interested in paying an assessment for property she does not own. She further stated that the falls is open to the association members, who get access along her property, and that it is not a privilege to live on the creek. She felt that the other 97 members of the homeowners association should share in the improvement cost. City Attorney Hart responded that the city could levy an assessment against the property, but that he does not know how the property is taxed. He stated tha"t in many cases property held by a homeowners association is pro-rated to those who participate in the association and it is also done with separate parcel identification numbers. He pointed out that `� the ultimate question is that of benefit, and that to the extent that access to the property is limited to certain home owners, it could be argued that it is a benefit to them. Mayor Mertensotto stated that the property would likely be forfeited if the common area land were to be assessed. Councilmember Cummins stated that he feels the Wenck report information is helpful and that it may be wise to spend the additional money for bank restoration and to hide the gabions. He asked whether notices have been mailed with respect to proposed assessments. Public Works Director Danielson responded that notices have been�mailed but that everyone e Page No. 3345 July 7, 1992 would have to be notified again for a later meeting. Councilmember Cummins stated that he is unsure whether Council should hold the hearing as scheduled and reject the proposed assessments or re-notice the hearing after getting additional alternatives. Public Works Director Danielson stated that � s�aff is having great difficulty in drawing an expanded assessment area line. He suggested proceeding with the hearing and being prepared to respond to high benefit/low benefit philosophy used in the first creek project. Mayor Mertensotto stated that it has never been the position of the city to pick up any portion of storm sewer improvement costs - they are always assessed against adjacent property owners. He pointed out that in this case 80� of the cost is proposed to be carried by the city to recognize that properties other than those which abut the creek contribute to the drainage problem. Mr. Eric Miller, 681 Ivy Falls Court, stated that many of those in attendance object to the proposed assessments although many are in favor of the work being done, and that he understands that it cannot be done this construction season. He further stated that people will object when the hearing is held on July 21st but might not object two weeks later if the assessment area is expanded. He asked why Council would hold the hearing on July 21st when Council clearly is looking at an expanded assessment area. Mayor Mertensotto responded that if the hearing is opened on July 21st, it can be continued. Administrator Lawell stated that the city would be violating the required procedures if the hearing is not held on July 21st. He stated that those people who have received formal mailed notices could be notified that the hearing has been cancelled and an announcement would have to be made at the meeting of the 21st that the hearing has been cancelled. Page No. 3346 July 7, 1992 Councilmember Cummins stated that he thinks it would be prudent to cancel the hearing and work with staff to get a new proposal which reflects Council thinking. Councilmember Cummins moved to cancel the hearing which had been scheduled for July 21st for the Ivy Falls Creek improvement project, to direct staff to mail notices of the cancellation to all individuals who had been mailed hearing notices, and further to direct staff to continue to work on a stabilization project and assessment scheme more in line with the Council's discussion this evening. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-20, Council acknowledged reports from the City COMPREHENSIVE PLAN Planner and Administrative Assistant with AMENDMENT (PUTNAM respect to a proposed minor Comprehensive Plan PROPERTY) Amendment to change the designation for a 10.63 acre site (Putnam property) located at the southwest quadrant of T.H. 149 and Mendota Heights Road from HR-PUD to MR-PUD. Public Works Director Danielson stated that after the Rottlund proposal for development of the site was denied, the Council, on June 2nd, determined that it was necessary to look at what the Comprehensive Plan goals should be for the site and directed the City Planner to prepare a report addressing alternatives. The planner was specifically directed to look at I�-PUD, which is more consistent with '�'� development in the area. The planner prepared a report which addresses the site and the changes that have occurred since the 1985 Comprehensive Plan Amendment. Mr. Danielson reviewed those changes, and stated that the Planning Commission conducted a hearing on a proposed amendment, concurred with the ` planners report and unanimously recommended that the Council amend the Comprehensive Plan from HR-PUD to MR-PUD or less. Mr. Dick Putnam, owner of the subject property, stated that normally there is a proponent when land use changes are proposed to the city. He stated that he is not present to request a change to the Comprehensive Plan - the city has proposed it. He informed Council that he has spoken to retired City Planner Howard Dahlgren to see if he had Page No. 3347 July 7, 1992 reviewed the report and to ask for his comments. Mr. Dahlgren had not seen it although he is still somewhat involved in DSU and was the planner for the city for many years. Mr. Putnam stated that he has reviewed the report and has looked at the points that were raised and finds it difficult to understand what changes have occurred. He stated that there seems to be a strong feeling that the Patrick subdivision is a significant :- c�ange that has affected his site, but that it is only significant to the Patrick site itself. There were originally two single family homes on the Patrick property when Mr. Patrick purchased it. Mr. Putnam stated that placing homes on top of the moraine that overlooks his site was ill advised. In terms of density, the only site developed under the prescribed density is the Patrick property, not Bridgeview Shores or Hampshire, and the reduction in Centex units was not a willing project. The site close to Delaware has always been intended for single family. He further stated that one of the biggest problems is that the building of $250,000 to $400,000 range homes in Bridgeview Shores has not been finished as it started, the homes in the second and third addition are much less expensive, and it was obvious to anyone who knows anything that the project would not be completed in the orig�inal price range. He pointed out that the reduction in density had nothing to do with the number of families but rather the reduction in square feet in the structures. He further stated that somehow '�'� the illusion is that there are some significant changes in the southeast area that have dramatically changed the traffic to the area. He informed Council that he had a traffic study done for the proposed commercial center and that the study showed that there never has been and never will be a traffic ` problem short of putting in a traffic at the intersection of Dodd and Mendota Heights Road in the future. With respect to park land, he stated that the Centex dedication was reduced by Council and was not the fault of the developer. He felt that there is not as much park land per acre or any other measure in Mendota Heights as there is in the southeast area. He stated that he finds it difficult to see that the southeast area does not have a reasonable park component as it compares to the rest of the city. Page No. 3348 July 7, 1992 Mr. Putnam stated that a number of issues are either confusing to him or do not jive with the facts he is aware of. The Administrative Assistant's report, says that HR does not make sense in airport noise zones 3 or 4, yet the airport encourages HR in those areas and discourages single family. He pointed out that it was very difficult to build single family homes in Hampshire under the noise at�tenuation ordinance requirements but was much easier to construct the Centex units under the requirements. He stated that there were a number of issues from a sound standpoint that indicated HR would be much better than single family. He felt that when the Metropolitan Council reviews the proposed amendment they will have comments on the noise issue. Mr. Putnam stated that what is most distressing for him is that he has done exactly what he has said he would do in all of the projects he has completed in the southeast area and has tried to do a project three time for the subject site, including elderly/coxnmercial, and a neighborhood center and elderly housing proposal. After those proposals were rejected, he tried to get approval for an HR project under the Comprehensive Plan guidelines and that was not accepted. Mr. Putnam stated that it is frustrating when he is told to do something and does it and then gets denied. He stated that he has looked at a townhouse project, and a church related activity, including a training center, dormitory and office, and in ''"' his opinion those uses would not provide a service to the city and would in the future create more problems. He felt that the Rottlund project would have more success and that the project would be built and would meet a need in the city - it would be geared to the needs of seniors in the city who do not have ` $200,000 to build. He informed Council that when he developed Copperfield 4th Addition, the former owner, Mrs. George Weed, told him her only option for remaining in Mendota Heights as she wanted to do, was to buy an ivy Falls townhouse which was a great deal more money than she wanted to spent. He looked at the Rottlund project for that reason - to provide housing for seniors who wish to remain in the community. He stated that he would have made more money developing the land in townhouses but that he considered the matter Page No. 3349 July 7, 1992 and met with city staff and the planner and looked at the Centex site which is similar. He stated that he does not agree with what Council proposes to do and felt that changing the designation for 10 acres remaining in a 500 acre site is spot zoning. Mr. Putnam stated that his second plan for the site, the neighborhood center, should have been approved to provide the neighborhood with services it needs, and that he does not believe the proposed land use change is in anyone's best interest. Mayor Mertensotto stated that Council initiated that proposed amendment and sent it to the Planning Commission for review. Councilmember Cummins stated that he voted in favor of the Rottlund project and feels it was a good project but that it is apparent that the majority of the Council prefers a lower density. He further stated that consistent with the majority he would support the proposed resolution on the condition that the third paragraph be removed, that the fourth paragraph be amended to include after the words "Comprehensive Land Use Plan Amendment" the following language "for a certain 10.63 acre parcel depicted on Exhibit A attached hereto," and replacement of "Putnam Site" in the final paragraph with 10.63 acre parcel." Councilmember Blesener stated that she does not support the resolution and disagreed '"`"' consistently with the Council on the proposals for the property. She felt that the most recent proposal was a very good proposal for the land and disagreed that there have been significant changes. She felt that the proposed action is in part a retaliatory action against the most recent proposal. ' Councilmember Smith stated that the proposed change is not a retaliatory measure and that a change was contemplated for the southeast area over a year ago. She further stated that there were findings of fact then and they are even more true today. Councilmember Smith moved adoption of Resolution No. 92-41, "A RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT," amended Page No. 3350 July 7, 1992 to incorporate the changes proposed by Councilmember Cummins. Councilmember Koch seconded the motion. Ayes: 4 Nays: 1 Blesener TAX INCREMENT POLICY Council acknowledged a proposed policy for usage of tax increment financing. Discussion on the matter was tabled to July 21st. TREE PRESERVATION Ccyuncil acknowledged a memo from Administrative Assistant Batchelder regarding a proposal from the City Planner to draft tree preservation regulations. Assistant Batchelder reported that Dahlgren, Shardlow and Uban proposes preparation of a draft ordinance at a cost of $500 to $600. Councilmember Blesener stated that the purpose of such a policy would be to preserve trees in new developments. She questioned the need for such a policy given the very limited amount of developable land remaining in the city, and the level of consciousness for preserving trees. It was the consensus that the matter be discussed at the joint Council/Planning Commission workshop scheduled for September. PARK RESERVATION Administrative Assistant Batchelder reviewed POLICY his memo regarding a proposed resolution on park reservation recommended by the Park and Recreation Commission. ''`" Mayor Mertensotto suggested that the _ resolution be adopted as a guide for the balance of 1992 and revisited in 1993 to determine what success was experienced and make any necessary changes. Councilmember Blesener suggested that District 197 schools located in Mendota Heights should be added to paragraph F of Section III in the resolution. Assistant Batchelder informed Council that the proposed policy does not cover tournaments which will be held at Mendakota Park. He stated that the Park and Recreation Commission intends to develop a proposed tournament policy. Page No. 3351 July 7, 1992 Councilmember Blesener moved adoption of Resolution No. 92-42, "A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY," revised as to Section III and with the understanding that Council will review the policy in the spring. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 � MENDAKOTA PARK Council acknowledged a report from CELEBRATION Administrative Assistant Batchelder regarding the Mendakota Park Celebration planning. Mr. Batchelder stated that there has been much volunteer help and donations and private funding to assist with the costs, including donations from the Jaycees. Mayor Mertensotto suggested that Council allocate $2,000 of its budget towards celebration costs if it is needed. Councilmember Blesener stated that the planning committee discussed funding and felt that it may be necessary to rely on city funding as a contingency. She stated that if enough donations are received, city money would not be used. Councilmember Blesener moved to authorize an expenditure of up to $2,000 from the City Council budget for contingency funding purposes for the Celebrate Mendota Heights Parks events. Councilmember Cummins seconded the motion. Ayes: � Nays: 0 AIR NOISE UPDATE Council acknowledged an air noise update from Administrator Lawell regarding ANLEF contributions and a MAC Corridor Task Force meeting scheduled for July 8th. Administrator` Lawell reviewed the ANLEF fund raising total and a proposal to contact those who have donated to enlist their help in a door-to-door effort. He then informed Council that the Corridor Task Force has been resurrected by MAC and suggested the fanned corridor proposal be re-submitted. Mayor Mertensotto agreed to the re-submission of the proposal conditioned that the city receive a response back in 60 days - a � Page No. 3352 July 7, 1992 commitment frqm MAC to look at changed corridor procedures within 60 days. It was the consensus that if the test is approved it would have to be run during calendar year 1992 and that unless this condition is agreeable to MAC the city would not resubmit its proposal. It was also the consensus to approve the recommendation on ANLEF efforts. y Councilmember to express the Task Force in stated. Councilmember Ayes: 5 Nays: 0 Smith moved to authorize staff Council's response to the MAC accordance with the consensus Koch seconded the motion. COUNCIL COMMENTS Councilmember Cummins informed Council that he cannot attend the July 21st meeting. Councilmember Blesener informed Council that she cannot attend the August 18th meeting. NDC-4 Mayor Mertensotto informed Council that he had received a letter from John Kemper to NDC-4 objecting to Continental Cablevision not having MSC as a basic channel. He stated that he would like the city to send a letter to Continental suggesting that channels 8 and 12 be eliminated and that the Minnesota Sports Channel be substituted if Continental cost savings is a factor. He stated that he would like MSC to be available as part of the basic package. Administrator Lawell responded that if city advocates MSC in the basic package Continental will likely say that there be a rate increase. the should � Councilmember Smith stated that perhaps Continental should be reminded that other companies have been able to include MSC without rate increases. COUNCIL CONII�IENTS Councilmember Smith stated that the striping on Mendota Heights Road at T.H. 55 is bleeding through again. She also asked if there will be any follow up to improve the quality of the ground cover at Hagstrom-King park. � Page No. 3353 July 7, 1992 Public Works Director Danielson responded that staff has been looking into the problem and is trying to address it by over-seeding and fertilizing. He stated that since the park is not irrigated it is very difficult to get a lawn established. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:33 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor � Page No. 3354 July 21, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 21, 1992 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Koch and Smith. Councilmember Cummins had notified the Council that he would be absent. AGENDA ADOPTION Councilmember Koch moyed adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting, revised to move items 4c, neighborhood park bleachers, and 4h, designation of park referendum funding, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 14th Park and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for June. c. Approval of a part-time Recreation Programmer job description and approval to begin the recruitment process for the ' position. d. Approval of a modified critical area site plan to allow construction of a home for Alden Landreville at 1010 Sibley Memorial Highway, along with waiver of the critical area fee. e. Acknowledgement of bids received for Kensington Park improvements and award of contracts to the following low bidders: Viking Fence, $29,868, for chain link . r. Ayes: 4 Nays: 0 BLEACHERS Page No. 3355 July 21, 1992 fencing; Albrecht, $10,600, for irrigation system; Blaeser Landscape, $20,000, for landscape plantings; Blaeser Landscape, $3,000, for precast block retaining wall; Phase Electric, $15,250, for electric system/service, parking lot lights and lightning protection; Earl F. Anderson, $16,170, for park furnishings including bleachers; M.F. Fleischhacker, $18,546, for concrete landscape curbs, walks and pads; M.F. Fleischhacker, $20,140, for concrete block concession and picnic building; B.T.L. Construction, $41,897, for lumber, materials, doors and all carpentry work; Jim Murr, $13,789, for building plumbing and irrigation hook-up. f. Adoption of the following policy statement on tot lots: "Tot lots are not an encouraged park use in the City of Mendota Heights. They are considered an urban park use where the lack of space and higher densities make them a necessity. Mendota Heights parks are designed for suburban land uses and for economy of scale in maintenance. The neighborhood park concept is the preferred park use in Mendota Heights and begins with a recommended 5 acre minimum size to provide adequate amenities and efficient economy for maintenance." g. Approval of the list of contractor licenses dated July 21, 1992 and attached hereto. h. Approval of the list of claims dated July 21, 1992 and totalling $1,348,110.83. i. Authorization for the Fire Relief Association to operate the Mendakota Park concession stand on July 25th in � conjunction with the Over 30 Men's League tournament. Councilmember Koch seconded the motion. Council acknowledged a memo from Parks Project Manager Guy Kullander recommending the purchase of eight additional bleacher units in the Kensington Park bid, one bleacher to be Page No. 3356 July 21, 1992 installed at each of the eight neighborhood park ballfields. After brief discussion, Councilmember Blesener moved to authorize the addition of eight bleachers in the Kensington Park bid. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 � REFERENDUM FUNDING CCuncil acknowledged a memo from Administrative Assistant Batchelder regarding a recommendation from the Parks and Recreation Commission that Council designate $200,000 of the uncommitted referendum as land acquisition money to be held in reserve. Mayor Mertensotto stated that the remaining fund balance from the two-part bond referendum is about $373,000, and approximately $170,000 of that amount has been committed. He further stated that the recommendation which came out of the joint meeting with the Park Commission was to set aside the uncommitted $200,000 as a reserve for the future acquisition of park land as it becomes available. Councilmember Smith stated that there is no estimate yet for the Kensington north park and that she would like to add a commitment that if the funds are needed for current commitments they can be taken from the reserve if needed. Councilmember Blesener pointed out that there �� is a balance of $363,000 in the Special Park Fund which can be drawn on. Councilmember Smith responded that current commitments must come before land acquisition and that referendum monies should not be used for anything but current commitments or land � acquisition. Councilmember Blesener stated that she is also concerned about designating the funds since land may not become available for purchase and suggested that acquisition be designated as a priority for the funds. She did not feel a fornaal motion on the matter is necessary, since the referendum funds were intended to be used for land acquisition. Page No. 3357 July 21, 1992 Treasurer Shaughnessy stated that he would carry the unexpended bond proceeds in the park construction fund until all of the park projects are completed Special Park Fund, after which time the funds would be carried in the Special Park Fund with the intention that they be used for future land acquisition. PUBLIC COMMENTS Mr. Ronald Smith, 2357 Swan Drive, was present regarding a recent newspaper article on the prohibition of horses from trails and improved park areas. He stated that he has owned horses for 20 years and that several people have contacted him to express displeasure with the change in policy. He further stated that everyone he knows who ride horses on the trails are conscientious about disposing of the horse droppings and the he is not aware of any accidents caused by horses on the trails. He noted that Mr. Tom Burrow had received a letter from the city, and that Mr. Burrow derives his income from boarding horses and would be put out of business if the prohibition is enforced. He asked why the policy is being changed when there has been no problem. Mayor Mertensotto responded that the news release was intended to alert people that there is an ordinance prohibiting horses from the improved areas of�the parks including trails. He pointed out that trails are very expensive to construct and maintain and are used a great deal, and droppings from animals is a problem. He felt that the intent of the �� article was to alert people that the trails were built for everyone to use and that there must be consideration from all types of users - it was not the intent to issue violations unless there is a problem. He further stated that although the ordinance has been in place for some time it has not been enforced. Administrator Lawell informed the audience that letters have been sent to all horse owners, not because of misconduct of the owners or the horses but because of the droppings and complaints from those using the trails. He stated that the ordinance has been in existence for some time and the restrictions are not new, and that pedestrians have experienced problems with droppings. The result of the recent Council action was that . �. Page No. 3358 July 21, 1992 if the police department were to receive complaints they would pursue the complaints. Councilmember Blesener stated that by the action taken, Council was sending clear notice to horse owners and riders that Council is concerned and that there is an ordinance which will be enforced. She pointed out that Council is not changing policy, just giving warning that complaints have been received and th�re is a law which will be enforced. She further stated that it is not Council's intent to put Mr. Burrows out of business. Mr. Smith responded that if it is the intent of Council to put everyone on notice to be considerate and to pick up droppings, he would be very happy to bring that message back to the owners and Mr. Burrows. Councilmember Smith asked if some trails could designated for use. Mayor Mertensotto stated that the city must either enforce the ordinance or take it off the books. He further stated that complaints are being received and it is not Council's desire to put people out of business but to notify all of the individual users of the trails to be considerate. Administrator Lawell stated that the intent is not to prohibit horses from the city but from the improved areas of the park system. He pointed out that if it is not the intent to enforce the ordinance, the ordinance should be revised to allow the continued use of horses on trails, which is expressly prohibited by the ordinance. Councilmember Koch suggested that perhaps horses should be subject to the same restrictions as other pets. Mayor Mertensotto suggested that perhaps riding could be allowed in the Bunker Hills area. Mr. Smith responded that riding around Rogers Lake is very pleasant in the winter and that it also is a connecting point to Sunfish Lake and around Resurrection Cemetery. He stated that no one who rides horses wants to ride on blacktop and that the problem will possibly take care of itself now that the trails are paved. Page No. 3359 July 21, 1992 Councilmember Blesener suggested that regulations could be adopted to require riders to pick up droppings and that horses on trails cannot be shod. Councilmember Smith stated that horse riders have had something taken away from them because they have used the trails in the past. She felt they should be accommodated but that o�hers who use the trails must be protected as well. Mayor Mertensotto suggested that if there is right-of-way outside of the paved trail areas horses could be allowed there and restricted from the paved areas. Public Works Director Danielson responded that there are trails which are wide enough for horses to be ridden adjacent to the trail, but that along Marie Avenue could not be used because it is urbanized, as are other trail sections. As the result of the discussion, the matter was referred to staff to determine whether the ordinance can be revised to permit controlled use of horses. PUBLIC COMMENTS Mrs. Barb Carlson, 993 Downing, was present to complain about burning from a home incinerator. She stated that she has contacted the police and was informed that the ,� Fire Department has indicated incinerators are allowed. Mayor Mertensotto stated that incinerators are restricted and that there is currently a waste management act which requires every one in the city to have a contract with a refuse hauler._ Administrator Lawell stated that there is a restriction against burning garbage in an incinerator and that the police department has recently prosecuted someone for burning in an incinerator. He stated that he is certain that incinerators are prohibited. MENDOTA PLAZA SIGN Mr. Ed Paster was present to request an CRITERIA amendment to the Mendota Plaza sign criteria. He informed Council that the Old America store is open and is experiencing an identification problem. He stated that people are not aware Page No. 3360 July 21, 1992 that Old America does pottery and crafts and advertising has not helped. The store would like to incorporate "Pottery and Crafts" into its sign. Mayor Mertensotto informed Mr. Paster that staff has recommended that the city sign ordinance be revised as it applies to the Plaza so that the request can be accommodated. He asked if the proposed ordinance amendment i� restrictive enough that it applies only to the requested change or if it would allow something that is not intended. Public Works Director Danielson responded that the amendment would allow the language to be added to the anchor tenant (Old America) space only. Mayor Mertensotto suggested that a special use permit could be issued for Old America rather than amending the ordinance, then if the space is vacated the permit would no longer be in effect. After discussion, Councilmember Blesener moved to issue a special use permit to the Old America Store to allow the addition of "Pottery and Crafts" below its sign in the blue band at the Mendota Plaza. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 WEED�ORDINANCE Council acknowledged a memo from EXEMPTION (HERZOG) Administrator Lawell relative to a request from Mr. Richard Herzog for an exemption to the weed ordinance for 703 Maple Park Court. Mr. Herzog, present for the discussion, stated that the important point in the memo is that he would like to present his argument that the ordinance interpretation is not the answer to what he is trying to deal with. He informed Council that there is a difference of opinion in his neighborhood about the environment of the neighborhood. There is a very mature woods on about half of his property and the understory under the trees had been converted to lawn before he purchased the property 12 years ago. He did not feel that the lawn and trees are compatible - that trees need an understory of natural growth to sustain the forest - and the tree were dying. He stated Page No. 3361 July 21, 1992 that a landscape architect visited him and recommended that the understory be immediately allowed to grow in its natural state, and that program was started 12 years ago. He distributed a sketch of the yard, noting that the lot is about one acre, irregular in shape, and surrounded by large mature trees. He stated that the idea was to have a clearly defined lawn and woods behind it, that there are no weeds in the lawn area and that the w0ods area has been allowed to grow naturally. He further stated that he does not use chemical pesticides or weed killers and does not cut any weeds unless they are obnoxious. Recently the county agriculture department sent someone to his home and identified Canada thistle, which he has since cut down. He informed Council that one of his objectives in establishing the woods is to attract wildlife and that he is fighting to preserve the woods in its natural state, which means an understory of bushes, small trees, grasses and weeds of a non-noxious variety. He felt that it would be counter-productive to cut the woods area and that increasing numbers of people are opting to take the natural approach to yards and chemical use, weed-killers, etc. He stated that the ordinance does not take into consideration weeds in wooded areas as opposed to weeds in lawns and asked for an exemption from the ordinance to protect the woods and wildlife habitat. Mrs. Kitty Goodrich, 1157 Cascade Lane, a neighbor to the Herzogs, stated that she is � T' opposed to the exemption. She informed - Council that Mr. Herzog has only stopped cutting the lawn in the last three years. She explained that early in 1989 there was a pile of brush along the border between their properties and she asked Mr. Herzog when he was going to clean up the area. He responded� that he wanted to do things naturally and that he had too much lawn to cut. Within the next week the brush and branches along the property line doubled, and the situation gets worse each year. She informed Council that early in May she called the weed inspector to complain about thistle and the thistle has since been cut but many of the seed heads are still there and thistle is now getting into her yard. She further stated that periodically garbage is dumped in the woods area. She presented pictures showing the lot, the thistle seed Page No. 3362 July 21, 1992 heads, a pile of logs and the garbage that had been deposited. She informed Council that the pictures were taken after the thistles were cut and stated that there are still thistles growing and a six foot burr plant along the property line. She stated that she opposes the exemption. Mr. Dave Bolander, 711 Maple Park Court, also a neighbor, stated that he sent a letter to tne city in June, with pictures. He informed Council that about 10� of the thistle is still up and the property looks worse than before. He stated that he owns a demolition landfill that looks nicer than his neighbor's yard. Mayor Mertensotto stated that the pictures are self-evident and the pictures show egg shells and other garbage. , Mr. Herzog responded that he has been using garbage around the trees and bushes and that there is a very steep hillside on the property that was all grass and it practically washed out until he allowed the weeds to grow. He stated that he has being trying to build up the hillside and planted 14 pine trees along it and all of them died. He placed garbage around the bushes to try to get vegetation to grow in that location. Mayor Mertensotto stated that while garbage may serve as organic fertilizer, there are probably other organic fertilizers that would work and would not be so objectionable. He ��`�' asked if Mr. Herzog intends the wooded area to serve as screening from the neighbors. Mr. Herzog responded that he intends to manage the hillside between his property and the Goodrichs', that he must build up the area and get trees on it. He stated that he gets run-� off from the Goodrich and Bolander properties. Councilmember Blesener pointed out that there are many other ways to control erosion such as creating berms and more typical landscaping rather than natural growth. Mr. Herzog responded that short of building a retaining wall what he is doing is the most natural way to manage the hillside. Mayor Mertensotto pointed out that there is an on-going conflict on natural versus controlled Page No. 3363 July 21, 1992 growth and a state statute provides that there cannot be any noxious weeds. He stated that he can understand the neighbors' concerns about letting thistle grow and that he has difficulty understanding what Mr. Herzog is asking. He asked whether Mr. Herzog is asking for an exemption to the extent that he cannot comply with the ordinance. Mr. Herzog responded that he is asking that t�e weed ordinance not be enforced in a wooded area of property - the ordinance makes no distinction between woodlands and pasture, etc. but the statute does provide exemption for forests in public parks. He felt that there should be provisions in the ordinance to deal with lawn areas and another for wooded areas. Mayor Mertensotto stated that he has a half acre lot on which 62 trees are growing and that although he does not let weeds grow the trees have not died. He stated that he does not understand why Mr. Herzog must put garbage out and let the area grow wild. Councilmember Blesener stated that Mr. Herzog has suggested that there are many ways to allow trees to grow and the method chosen by Mr. Herzog is not compatible with his neighborhood. She stated that there are some cases where natural growth would be acceptable but felt that in this case it is not. She felt that Mr. Herzog should be planting more �� traditional ground cover instead of letting the natural growth take off and that many other things would grow given proper soil treatment. Administrator Lawell informed Council that when he visited the Herzog property with the � Dakota County Agricultural Service representative it was specifically mentioned that the thistle would be bagged and removed. He asked whether Mr. Herzog intended to do so. Mr. Herzog responded that at this point he would stick to the wording of the ordinance. City Attorney Hart stated that the intent of the ordinance and statute is to prevent the spread of noxious�weeds and that he believes the weeds must be removed by ordinance. Page No. 3364 July 21, 1992 Mrs. Goodrich asked if there is a deadline for removal of the weeds. Councilmember Koch responded that the ordinance requires cutting and removal once every three weeks. Mayor Mertensotto stated that the intent of the ordinance is to prevent the proliferation of weeds and seeds and that the weed ordinance is in place because of the statute. He �: peri.nted out that people are allergic to pollen and seeds and stated that he does not feel that what was presented this evening is a basis for amending the weed ordinance. He informed Mr. Herzog that he must do something about the thistle. Administrator Lawell stated that there are two issues before Council. One issue is the noxious weeds and seed heads which must be removed. The second is that Mr. Herzog is asking for an exemption on growth of more than 12 inches for other than noxious weeds. Mr. Bollander stated that 20� of the thistle has not been cut and that it has been three years since Mr. Herzog has cut the lawn. There is a pile of logs in the yard, which includes dutch elm diseased trees which have been cut down but not de-barked. It was the consensus of the Council that the ordinance should be enforced as written. HEARING - LONDON/ Mayor Mertensotto opened the meeting for the ' DOWNING STREETS purpose of a public hearing on proposed street - rehabilitation and reconstruction in the London/Downing area. Council acknowledged a report from Engineer Eckles and written objections from Patricia Albertson, 995 Winston Circle, and Vern Colon; 994 Winston Circle. Engineer Eckles stated that the streets included in the proposed project are London Road, Downing, which need reconstruction, and Winston Circle and Winston Circle which are proposed to be rehabilitated. The streets are about 25 years old and were constructed with surmountable curb, an inferior design and poor sub-grade. The streets have been scheduled for work for a nuiaber of years, but have not been addressed because of financing concerns. Page No. 3365 July 21, 1992 He stated that Council recently adopted a street rehabilitation policy to help in projects such as this. With respect to London, Downing and Brompton, he stated that the underlying subgrade is inferior and should be removed and replaced, and the curb is inferior and not working properly and should also be removed and replaced. He recommended that the streets be � campletely reconstructed but stated that another option would be to partially reconstruct the streets, removing curb sections and rebuilding the street, but that the end product would not meet city standards. He stated that Winston Court and Circle and the end of Brompton Court are about 15 to 20 years old and are in better condition than London/Downing: the streets were built to city standard with curb and gutter. He pointed out that there are drainage problems and some failures in the subgrade. He stated that although they are not the worst streets in the city, they should be rehabilitated at the same time as the London/Downing reconstruction occurs. Mr. Eckles informed Council and the audience that reconstruction of London, Downing and a portion of Brompton is estimated to cost $184,000, built to city standards with some storm sewer work. Assessments would cost about $7,000 per lot, but with the street rehabilitation policy in place for this type of project, the street rehabilitation fund would finance about 50� of the project, reducing the assessments to about $3,400 per lot. Assessments would be payable over 19 years at an.interest rate between 7� and 8�. Rehabilitation of those streets would be less expensive, about $100,000, but because the streets would not be built to city standards,` the city would not share in the costs (under the street rehabilitation policy), and the assessments would be about $3,700 per parcel. He stated that Winston Court/Circle and part of Brompton are in much better condition and rehabilitation would add about 15 to 20 years to their useful life. The rehabilitation policy allows city participation up to 50� of the cost of rehabilitation, because the streets were originally constructed to city standards. The total cost for this portion of the project is estimated at $43,000, and Page No. 3366 July 21, 1992 approximately $900 would be assessed against each lot. Mayor Mertensotto asked for questions and comments from the audience. Mr. Mike Weiner, 1027 London Road, asked how certain Engineer Eckles is of the cost estimates and if the city would later come back and say there was an over-run on costs. H� also felt that the proposed interest rate is too high. Engineer Eckles responded that the cost estimates were made in the feasibility report for the project, using averages of projects and the current market, and that the estimate will likely be higher than actual cost. He informed Mr. Weiner that if the bids come in higher than the estimates the bids can be rejected. With respect to interest rates, Treasurer Shaughnessy stated that the rate used for assessments certified in 1991 was 8�, as it has been for the past three years. He stated that money has not yet been borrowed for the project and that the actual rate will be 1� over the market rate paid by the city on the bonds it issues for the project. The 20 year average for municipaT bonds is currently 6.10%. Mr. Tom Jonella, 1024 Downing, stated that he is in favor of the project and that it is long �� overdue. He asked that the construction be coordinated with the utility companies so that the street is not torn up afterwards to repair utilities. He also asked why the existing streets were approved for construction. Public Works Director Danielson responded that staff will talk to NSP to be sure that they review their pipe in the area and repair any that are leaking before the project is constructed or in conjunction with it. Treasurer Shaughnessy stated that he believes that London/Downing was the only area in the city where the developer installed the streets and that the construction was done before the city had formal regulations for street construction. He further stated that the street costs were not assessed by the city and Page No. 3367 July 21, 1992 construction. He further stated that the street costs were not assessed by the city and that up until this time, street assessments were spread over a 10 year period. Under the street rehabilitation policy, they will be levied over a 19 year period. Mr. Jim Koenen, 929 Downing, stated that Downing needs rebuilding but asked whether it will be widened and if he will lose some •:-� property because curb and gutter will be installed. He also asked if underground sprinkling systems and driveway aprons will be repaired if they are damaged during construction, and how long the project will take. Engineer Eckles responded that there may be some minor widening but the intent is to disrupt as little property as possible. He stated that it has been general city policy to repair damage done to sprinkling systems on private property and to pay for the repairs as part of the project cost. He stated that driveway aprons will be repaired to match the original material (blacktop or concrete). With respect to timing, he stated that the goal is to get at least the first lift of blacktop in before winter and finalize it in the spring. Councilmember Blesener asked if the project will be done this fall. Engineer Eckles responded that the ideal way to do the project would be to first complete the Arndt project so that trucks going to the Arndt plat would not damage newly constructed London/Downing streets. Mr. James Murray, 1000 Downing, asked who determines the city standards. Engineer Eckles responded that the standards are defined in the rehabilitation policy and that the reason the city would be contributing money is because the city has an interest in getting streets up to standards. Mr. Woods, 1022 Brompton Place, stated that he has lived at his address for 24 years and the streets were in good shape during the first years but over the years have been patched as much as his driveway. He stated that the streets are in very bad condition as is his � Ayes: 4 Nays: 0 Page No. 3368 July 21, 1992 driveway and now is a good time to replace both. There being no further questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Smith seconded the motion. It was the consensus of Council to direct u Erigineer Eckles to begin preparing plans and specifications for the project. TREE DISEASE SERVICES Council acknowledged a memo from Administrative Assistant Batchelder regarding tree disease services and concerns expressed by the Parks and Recreation Commission about oak wilt. Mayor Mertensotto stated that some time ago Mr. Mike Schaar appeared before Council to give information on oak wilt and that Council did not enter into a contract to do a community survey but told him that he would be used on a consulting basis from time to time. Parks Commissioner Vicki Katz, present for the discussion, stated that the problem is that she has been contacted by people in ivy Falls and the Culligan area who are concerned about oak wilt on their properties. She felt that there is a need to manage the problem and get the city involved and recommended that the city work with someone who can help deal with the problem before it becomes epidemic. Councilmember Blesener pointed out that the city has not received a specific proposal from anyone on what a program would consist of. � Administrator Lawell informed Council that Sunfish Lake has a forester and that it may be possible to use their forester or perhaps contract with another. Mrs. Mary Shaughnessy stated that Dan Gilman checked an oak tree on her property today and said it probably has oak wilt and that in 1990 the Department of Agriculture told her that her trees had a fungus. She felt that having a city forester would help with the problem and that the city must do some treatment :� Page No. 3369 July 21, 1992 programs. She further stated that Anoka County provides matching funds and that it is hoped that the program will expand into Dakota County. She stated that there must be a community plan before matching funds can be available through the state and that Mr. Gilman is willing to work with the community to work on matching funds. Administrator Lawell responded that the notice: the city received two days ago from the state was that cities can apply for matching funds but must first meet the requirement to be a Tree City USA and a comprehensive tree management plan supported by a$2.00 per capita allocation. It was the consensus to direct staff to investigate the need for referral services, Tree City USA, and funding options. IVY FALLS CREEK Council acknowledged a memo from Engineer FUNDING OPTIONS Eckles regarding funding options for proposed Ivy Falls Creek improvements. With respect to tax increment funding, Treasurer Shaughnessy stated that the plan has been expanded and there have been enough expenditures for the fund for the next two years - funds will not be available at least in the next 18 months. Basically, the TIF was to be used for the south half of the city and that the plan can be expanded to include the Ivy Falls area if necessary. ��`�' Councilmember Blesener asked how the - investment would be recovered. Mr. Shaughnessy responded that there would be no return. Administrator Lawell stated that it would be an expenditure of TIF with no ability to ` recapture the money, and that if the TIF plan is amended a public hearing would be required. He stated that the TIF document included a list of proposed expenditures and objectives on where the money would be spent, and that the Ivy Falls creek was not identified as a potential expenditure, thi�s a plan amendment would be required. Mayor Mertensotto suggested that Council explore if it is possible to amend the plan and what it would take to do so. He felt this � Page No. 3370 July 21, 1992 would be a far better approach than expanding the assessment district. Councilmember Blesener stated that Council should also consider a storm sewer utility. Administrator Lawell stated that the prior discussion was that the storm sewer utility might make sense because the charge is proportionate to the amount of run-off a - p�operty contributes and is probably more directly tied to benefit received than other methods of funding. He further stated that while a storm sewer utility does have a benefit, its initiation would require a public hearing and would be charged on every utility bill in the city. Treasurer Shaughnessy stated that a storm sewer utility would be based entirely on the cost of the utility and would not be part of the sanitary sewer bill. Councilmember Smith asked if the utility would be able to accrue funding for repairs in the future. Treasurer Shaughnessy responded that he anticipates sufficient funding to do future repairs. Engineer Eckles stated that a fund would be designated to take care of regional storm sewer problems and that residential properties which do not have quite as much runoff impact would not pay as much as would industrial properties. Golf courses and churches would � �' also be billed. Councilmember Blesener pointed out that the city would still have to determine policy on a city contribution and that she is not comfortable with using TIF but would be more � comfortable using a storm sewer utility approach. She pointed out that with respect to Ivy Falls Creek, Council must still decide how much should be assessed and how to fund the remainder of the cost - a reasonable cost share. Mayor Mertensotto stated that Council has said that 20� of the cost would be assessed but that the residents felt that was too high. He pointed out that some of the assessments were proposed at $10,000 to $13,000, but stated ,� � Page No. 3371 July 21, 1992 that expanding the assessment area is not reasonable. Councilmember Blesener suggested that staff revise the feasibility report and recommend a storm water utility fund which would fund 900 of the project cost and 10% to be assessed. Mayor Mertensotto felt that 80/20� is good participation, pointing out that the residents� oWning property on the creek, that their properties will be saved, and that their properties have certain amenities because of the creek. Councilmember Smith felt that 20� assessment is to high and that the problem is caused because the creek is being used for run-off from a large portion of the city. She pointed out that the owners along the creek did not cause the problem and she did not think it would be fair to charge them 20� of the cost. Treasurer Shaughnessy stated that the original financing proposal envisioned a $1,100,000 project and included a$100,000 contribution from West St. Paul, $200,000 in assessments and the remainder to be financed by a 10� surcharge on sewer bills and a$20,000 annual tax levy to support this project and four others which must be done over the next few years. The storm water utility would redistribute the surcharge. As an example, Somerset Country Club pays about $400 per year for sanitary sewer use charges but would pay �� about $4,000 annually to the storm sewer utility. Engineer Eckles stated that as the storm water utility was proposed to charge those who impact the system the most would pay the major share. ` Councilmember Blesener stated that there must be a more equitable distribution without making a significant economic impact. Councilmember Smith pointed out that users of the facilities should pay their fair share. Mayor Mertensotto supported the TIF concept. Treasure Shaughnessy responded that there are about 13 years left in the TIF and the only Page No. 3372 July 21, 1992 thing he has done with TIF funds is to try to schedule the things Council has discussed. Councilmember Smith preferred a combination TIF/storm sewer utility with a lower formula for utility charges. Engineer Eckles responded that perhaps the numbers quoted need not be so dramatic and that he can look at the formula again. He • pdinted out that the proposed rates are lower than those charged in other cities. Staff was directed to get information on what it would take to modify the Tax Increment District plan and to also look at a storm sewer utility. MENDOTA INTERCHANGE Council acknowledged a memo from the Public IMPROVEMENTS Works Director regarding approval of Phase I of the Mendota Interchange project. Councilmember Blesener moved adoption of Resolution No. 92-44, "RESOLUTION APPROVING PLANS FOR IMPROVEMENT OF TRUNK HIGHWAY 55," and Resolution No. 92-45, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, ORDERING THE PROJECT AND AUTHORIZING ADVERTISING FOR BIDS FOR IMPROVEMENTS TO SERVE PILOT KNOB ROAD (CSAH 31) FROM MENDOTA HEIGHTS ROAD TO TRUNK HIGHWAY 55 (IMPROVEMENT NO. 84, PROJECT NO. 2B)." MISSISSIPPI RIVER Council acknowledged a letter from the AND RECREATION AREA U.S. Department of the Interior regarding the �� Mississippi National River and Recreation Area Comprehensive Management Plan and open houses to discuss progress on the preferred alternative along with an associated memo from the City Administrator. Councilmember Smith stated that the proposal takes away a great deal of local power and does not take a broad look at the elements of the community. The document speaks of encouraging private development and land acquisition and only provides 50� federal funding. The federal government has the right of condemnation and can require changes in local laws to comply with the guideline. Councilmember Blesener suggested that Councilmember Smith work with staff to develop a Council position on the matter. a MEETING SCHEDULE Page No. 3373 July 21, 1992 Council directed the City Administrator to get information on the dates for receipt of comments and to reserve the city's right to offer written comments within that time period. Council acknowledged a memo from the City Administrator regarding future meeting dates. � I� was the consensus that the Council meet at 6:15 P.M. on August 4th for Park Commission interviews and that discussion on the proposed budget be conducted as part of the regular agenda for August 4th. METROPOLITAN COUNCIL Council acknowledged receipt of the GOALS Metropolitan Council's "Metro 2015 - Visions and Goals," and an associated memo from the City Administrator. COUNCIL COMMENTS Mayor Mertensotto informed Council that he has received a letter from West St. Paul Mayor Bisanz regarding NDC-4 plans to buy a building in Inver Grove to be funded outside of NDC-4. After discussion, it was the consensus to direct staff to express Council's � dissatisfaction with the process if the ' decisions have already been made or otherwise to invite NDC-4 representatives to appear before Council at the August 4th meeting. ADJOURN There being no further business to the Council, Councilmember Blesener � � the meeting be adjourned. Ayes: 4 Nays: 0 ATTEST: Charles E. Mertensotto Mayor come before moved that Councilmember Smith seconded the motion. TIME OF ADJOURNMENT: 12:37 o'clock A.M. Kathleen M. Swanson City Clerk LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL July 21, 1992 Fsxcavatincr " Minnesota Home Sewer Daves Excavating Concrete Asfeld Construction Dan Dietrich Construction Inc. Gas Piping Palen Kimball ' Honeywell Inc. Asphalt Valley Black Topping Inc. Page No. 1 � August 4, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 4, 1992 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Smith. Councilmember Koch had notified Council that she would be absent. AGENDA ADOPTION Ayes: 4 Nays: 0 Councilmember Smith moved adoption revised agenda for the meeting. Councilmember Cummins seconded the of the motion. CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, revised to move item 4h, Kensington Park bid awards, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. b. c. Acknowledgment of the Code Enforcement monthly report for July. Acknowledgment of the minutes of the July 28th Planning Commission meeting. Acknowledgment of a reminder of the August 8th Celebrate Mendota Heights Park day. d. Adoption of Resolution No. 92-46, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION/REHABILITATION IMPROVEMENTS TO SERVE LONDON ROAD/DOWNING STREET AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 3)." e. Approval of the list of contractor licenses dated August 4, 1992 and attached hereto. f. Approval of the list of claims dated August 4, 1992, and totalling $199,039.96. � Page No. 2 August 4, 1992 g. Acknowledgment of proposed assessment rolls and adoption of Resolution No. 92- 47, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLLS FOR LENNOX (IMPROVEMENT NO. 91, PROJECT NO. 3), BRIDGEVIEW SHORES 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT NO . 5), MENDOTA WOODS ,( IMPROVEMENT NO 8 9, PROJECT NO. 7)," the hearings to be held on September 1st. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 PUBLIC CONIl�IENTS Councilmembers Blesener and Cummins announced that they will not seek re-election to their Council seats in the November City election. KENSINGTON PARK Council acknowledged a memo from Parks Project IMPROVEMENTS Manager Guy Kullander recommending the award of bid for Kensington Park seeding and sodding. Administrator Lawell explained that bid award was withheld after the first bidding process because all bids were considerably in excess of the estimate. Subsequently, the project was re-bid, and the..low bidders are Midwest Seeder, Inc., for seeding, and Blaeser Landscaping for sodding. The Blaeser bid was based on unit prices. After brief discussion, Councilmember Cummins moved to award the contract for Mendakota Park seeding (Schedule "D-1") to Midwest Seeder, Inc., for its low bid of $10,800, and to award the contract for sodding to Blaeser Landscaping for a cost not to exceed $5,424.47. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING: HOLT Mayor Mertensotto opened the meeting for the EASEMENT VACATION purpose of a public hearing on an application from Mr. & Mrs. Robert Holt, 1385 Dodd Road, for the vacation of a utility and drainage easement over the north 40 feet of Lot 3, Block 1, T.T. Smith Subdivision No. 4. Responding to a question from Mayor Mertensotto, Mrs. Holt explained that a surveyor's error or legal description error had apparently occurred at the time the \. � 'a. Page No. 3 August 4, 1992 easement was granted to the city, and that the request is to correct the error. Public Works Director Danielson stated that the Holts own a piece of property along Dodd Road just south of Somerset School and that right-of-way for Brookside Lane had been platted between the school and the Holt property. He explained that the street was never constructed and was vacated in the � 1950's. In the 1960's the city installed sanitary sewer in the vacated right-of-way, receiving an easement to do so. He stated that the easement area was described as the north 40 feet of the Holt property but should have been described as the 30 feet of vacated right-of-way area and the north 10 feet of the Holt lot. He recommended that the vacation be approved, subject to execution of a correct easement. Mayor Mertensotto stated that a certificate of survey should be prepared, at city expense, so that the city is assured that the sewer line is located within the easement area. He further stated that approval of the vacation should be conditioned upon the survey verifying that the utility is within the easement area and execution of a correct easement by Mr. & Mrs. Holt. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, `'`'' Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 92-48, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT," amended to condition approval on execution of an easement over the north 30 feet of the vacated Brookside Lane right-of-way together with the north 10 feet of Lot 3, Block 1, T.T. Smith's Subdivision No. 4, and conditioned upon preparation of a certificate of survey, at city expense, to determine that City utilities are located within the redescribed � Page No. 4 August 4, 1992 easement area. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 FAITH CHURCH OF GLORY Mr. Rollin Crawford, representing Linvill Properties, was present to request approval of a two year extension to the special non- conforming use permit granted to Linvill Properties and the Faith Church of Glory in Se�ptember, 1991, to allow church use in a portion of the Dakota Business Plaza. The permit had been granted to run concurrently with the church's lease with Linvill and will expire in September. Mr. Crawford informed Council that architectural plans have been drawn for two bays in the building and will soon be submitted to the city. He stated that the church has been operating in the building since special permit approval and that he is not aware of any problems with traffic or compatibility with the industrial uses in the area. He stated that the church is growing and hopes to build a facility somewhere in the city in the future. He explained that if permit renewal is granted, remodeling will begin in September and be completed by October lst. Mr. Crawford stated that city staff had expressed concerns about code compliance for an A-3 (assembly) use within a B-2 buildings which staff determined would require specific roof construction, etc., and that it has been determined that the code does not require the `� changes set forth by city staff. He stated that all of the code requirements questions have been answered by Mr. Linvill's architect and he is satisfied that the proposal will meet all code requirements. Mayor Mertensotto stated that based on the � fact that there have been no problems with the use, the only question is that of code requirements. He stated that he is uneasy with the question, pointing out that the Uniform Building Code is a state document which the city is required to enforce. He asked if the church would be willing to name the city as a named insured on its insurance policy to protect the city against any potential legal costs. The city would have to be notified of any change in insurers or if it is dropped from the insurance endorsement. . t. Ayes: 4 Nays: 0 Mr. Crawford probably does but may have that Linvill providing an requested. Page No. 5 August 4, 1992 responded that the church not have a policy on the space a liability policy. He stated Properties would agree to insurance endorsement as Councilmember Smith asked if the building is located within an air safety zone which does . nat allow assembly. Administrator Lawell responded that it is not. Mayor Mertensotto proposed that a two-year permit, commencing on October 1st, be approved conditioned upon the city being named as an insured by the building owner on the premises being used by Faith Church of Glory so that there is no guestion about the city relinquishing any rights under the UBC. He further stated that the endorsement must be filed with the city prior to the October 1st occupancy of the expanded area in the building. He pointed out that the architect�s plans must be reviewed by the city's code enforcement and fire marshal for compliance and permit issuance prior to construction of the remodeling. He informed the applicants that it is not Council's intent to waive any safety requirements of the building code. Councilmember Blesener moved to grant a two year special non-conforming use permit, commencing on October 1, 1992, to Dakota Business, a Minnesota partnership, and the Faith Church of Glory, a Minnesota religious corporation, to allow the Faith Church of Glory to occupy two bays in the Dakota Business Plaza building subject to an endorsement on the Dakota Business insurance policy as recommended by Mayor Mertensotto, and subject to review and approval of the building plans by city staff. Councilmember Smith seconded the motion. CASE NO. 92-24, Mr. Frank Klein, 1826 Valley Curve, was KLEIN present to request approval of a wetlands permit to extend an existing deck on their home by six feet and to add steps. It was noted that the prior owner did not receive wetlands permit approval before constructing the house and existing deck. _ � Ayes: 4 Nays: 0 Councilmembe deck additio the wetlands already does. Page No. 6 August 4, 1992 r Cummins pointed out that the n and steps will not encroach on any more than the existing deck . Mayor Mertensotto noted that the Planning Commission has recommended that the wetlands permit fee be refunded since the permit should have been requested by the prior owner before canstruction. He stated that the city bears considerable expense for the preparation of reports by the City Planner, and that the applicant invokes the need for a report when an application is submitted. He felt that there should be a minimum fee in all cases rather than waiver of entire application fees. He pointed out that all of the neighbors have submitted approvals to the request and stated that he is not proposing that the applicants pay the entire $135 fee, but rather that the city should have some minimum fee in cases such as this. Councilmember Cummins pointed out that the applicant did not request the waiver. He stated that if Council finds a fee to be excessive, it could reduce the fee, and felt that the fee is excessive in this case since the prior owner constructed the structures without a wetlands permit. Councilmember Blesener suggested that staff should have some discretion in hiring outside planning to review cases. She further stated that in this case there is an existing condition and there is no further encroachment on the wetlands proposed. In this type of instance, staff should prepare the report and there should be no fee. She pointed out that Council rarely waives planning fees. Councilmember Blesener moved to approve the wetlands permit as requested. Councilmember Cummins seconded the motion. Councilmember Smith stated that if there were a finished structure that not had a wetlands pernait applied for and the owner wanted to do additional work, the city would require a wetlands permit for the work already done. She stated she is�aware of several instances where property owners adding decks to their ;� Ayes: 3 Nays: 1 Smith ANLEF UPDATE Page No. 7 August 4, 1992 homes were required to get wetlands permits even though the building plans were approved and homes constructed with patio doors installed on the second floors. She felt that it is a purchaser's responsibility to determine that all required permits have been issued for a structure. Councilmember Smith stated that in this case she would be willing to consider a fee reduction but pointed out that this is not just a housekeeping measure bixt rather that it impacts the wetlands, and some fee should be required. Councilmember Blesener moved to waive and refund the $135.00 wetlands permit fee submitted by the applicant. Councilmember Cummins seconded the motion. Mayor Mertensotto cautioned staff to advise the Planning Commission of Council's discussion, informing the Commission that when the city has incurred costs for preparation of reports Council will not look favorably on refunding fees and that the Commission should be very careful in making recommendations for fee waivers. Administrator Lawell informed Council on the status of the ANLEF fund contributions. Mayor Mertensotto informed Council and the audience that the Corridor Task Force committee will meet on Thursday to revisit the city's request for a fanned corridor test during dual runway operations. There was discussion over the status of noise monitoring and access to cumulative noise data. Administrator Lawell informed Council that ' quotes for the Part 150 sound insulation program in Bloomington and Richfield have come in greatly higher than anticipated and many of the benefits originally stated will be taken away to reduce costs. PUBLIC WORKS GARAGE Council acknowledged a memo from the Public ARCHITECT SELECTION Works Director regarding quotes received from architectural firms for the public works garage expansion design and planning. . Page No. 8 August 4, 1992 Mayor Mertensotto noted that there is very little that must be done from an architectural standpoint and felt that there should be a fixed fee contract if the city is going to act as its own contractor. Councilmember Blesener suggested that there be a two phase process, programming design alternatives and cost estimates as the first phase, and the second phase would be to pz'ovide construction documents, with a total fee of $22,000 for both phases. She suggested that staff be allowed to prepare a contract to that affect and to determine how much of the fee should be for phase one. The phase one costs should be on a not-to-exceed basis. She stated that at the time the final design comes before Council for approval, Council could then approve phase two. She stated that she agrees with the staff recommendation of Station 19 Architects. Staff was directed to proceed on the basis suggested by Councilmember Blesener and to come back with a proposed contract for Station 19. PARK COMMISSION Mayor Mertensotto informed the audience that APPOINTMENT six individuals had applied for appointment to the 2 1/2 year remainder of the Park and ,. Recreation Commission term vacated by the resignation of Mike Lundeen. He stated that five of the six candidates have been interviewed by Council and that the sixth did . .:.. not appear. Councilmember Smith moved that Ann Norton be appointed to serve the remainder of the Park and Recreation Commission vacancy created by the resignation of Mike Lundeen. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PROPOSED 1993�BUDGET Council acknowledged receipt of the proposed budget for 1993. Mayor Mertensotto expressed concern over a proposed equipment certificate expenditure to rebody a piece of fire equipment at the estimated cost of $1T9,000. He stated that the equipment will not be state-of-the-art and felt that an outside recommendation should be . r. Page No. 9 August 4, 1992 sought as to the advisability of refurbishing the equipment at such a large expenditure. Administrator Lawell stated that the Fire Department indicated last year that it would be proposing a 40 year plan and that this piece of equipment will be included in the plan. He stated that he is hopeful the plan will be available for Council review on August 18th. Councilmember Cummins pointed out that the document Council will vote on in two weeks is just a proposed budget which will be approved in final form in December. He pointed out that Council will not be making any commitment on August 18th. Councilmember Cummins expressed concern that the proposed budget is too tight. He pointed out that there are several items which are not included, such as possible expenses for aircraft noise litigation and consultant legal charges. He stated that for the purpose of providing public notice he would suggest increasing the budget by $50,000. He pointed out that since the budget considered on August 18th at the public hearing is the maximum budget which can be adopted, it should be on the high side to cover contingencies. He noted that the budget will not be finally adopted until December. Mayor Mertensotto stated that he does not disagree that there are some very plausible contingencies. Councilmember Blesener stated that Council must be sure to budget adequately for park and trail maintenance so that necessary maintenance and repairs on the trail system are funded. She suggested that a reserve � should be built and that the parks should be reviewed annually to see what kind of minor tune-ups they need. She stated that the improvements that are already in place should be considered maintenance items and that Council should be sure that there is adequate money in the budget for repairs and maintenance so that the parks remain in good condition. � 9 Page No. 10 August 4, 1992 ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:02 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Y Kathleen M. Swanson City Clerk � 4 � 4 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL July 7, 1992 General Cont. License Barthelmy Roofing " • Heartland Industries Dakota Fence of Minnesota, Inc Plaster/Stucco License Chalmers Drywall Excavating License Joe Miller Excavating Heating & Air Cond. License Diversified Mechanical Services � L �` CITY OF MEI�TDOTA HEIGHTS DAROTA COUNTY, MINNESOTA PARKS AND RECREATION COI�IISSION MINIITES AIIGIIST 11, 1992 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, August 11, 1992, in the City Hall Large Conference Room, 1�.01 Victoria Curve. The meeting was called to order at 7:03 o'clock P.M. The following members were present: Huber, Spicer, Kleinglass and Damberg. Commissioners Hunter and Katz informed the Commission they would be late. Commission Norton was excused. Also present were Parks Project Manager Guy Kullander and Administrative Assistant Kevin Batchelder. Guests in the audience included Bob Doffing, Judy Milberry, Heather Ashley, Carol Kiemele, David Hornek and Amy Rothbauer. APPROVAL OF MINIITES Commis s ioner Minutes. Commissioner AYES: 4 NAYS: 0 NEW CONIl�iISSIONER . .� Damberg moved approval of the July 14, 1992 Kleinglass seconded the motion. Administrative Assistant Batchelder explained that the City Council at their previous meeting had selected Ann Norton to fill the vacant seat created by the resignation of Michael Lundeen. Batchelder stated Ms. Norton lives at 1600 Diane Road and has been a resident of the City for approximately 1 1/2 years. He explained that Ms. Norton is employed as a Judicial Referee for Ramsey County and brings enthusiasm and energy to the Parks Commission. Batchelder stated Ms. Norton informed staff that she would not be present for the meeting as she would be on vacation. Commissioners Hunter and Katz arrived at 7:15 o'clock P.M. MENDOTA SCHOOL PLAY EQIIIPMENT Chair Huber introduced this item as a carryover from July. Administrative Assistant Batchelder stated City Administrator Tom Lawell had sent Dr. Bruce Anderson a letter requesting that the School District consider participating in a project with the Parents-Teacher Association (PTA) to install and upgrade play equipment at Mendota Elementary School. Batchelder stated the � School District was being asked to consider funding commitments for bringing the Mendota School playground equipment up to the standards of the ADA, at a cost not to exceed $7,789. Batchelder stated the letter asks the School District to also consider entering into a Letter of Agreement with the City to provide a guaranteed right of access to the equipment during non-school hours. Batchelder read into the record a letter of response from Dr. Anderson to Administrator Lawell in which the School District agreed to enter into an Agreement with the City to fund ADA uprgrades and to guarantee access during non- school hours. The Parks and Recreation Commission inquired what sources of funding would be available for the City's portion of this proj ect . Batchelder stated there are two sources of money: the Parks Referendum and the Special Parks Fund. Batchelder stated this item was not specifically advertised in the Referendum funding and that it might be more appropriate to be paid for out of the Special Parks Fund. The Commission agreed. The Commission discussed the play equipment at Somerset School. Commissioner Spicer stated he feels it is in the City's best interest to cooperate with Independent School No. 197 regarding the installation of playground equipment at Mendota School. Commissioner Damberg stated that at the previous meeting she had felt the School District should commit to this action first. Mr. Bob Doffing stated that at that time the School Board was not aware of the PTA' s action and that when they became aware was the basis for Dr. Anderson's letter to the City. Ms. Judy Milberry stated she felt it is wonderful for the City to cooperate with the Parent-Teacher's Association --�- and Independent School District No. 197. She stated there are a lot of families that use this facility during ball games at Mendota School and that this area receives frequent neighborhood use. The Commission discussed liability insurance. Parks Project Manager Kullander stated the School District will provide liability insurance because the play equipment is on their property. Kullander also stated that proper installation of the equipment by the City's contractor would also provide liability coverage. Commissioner Spicer moved that the City of Mendota Heights provide $6,924 from the Special Parks Fund for the installation of five new component groups paid for by the Parent-Teacher's Association contingent on the Independent School District No. 197 providing $7,789 to bring the playground equipment�up to the standards of the ADA and contingent on the School District entering into � :M a Letter of Agreement with the City of Mendota Heights providing a guaranteed right of access to the equipment during non-school hours. Commissioner Katz seconded the motion. Chair Huber stated it should be recognized that the City is participating in the funding of this installation only because the PTA has raised the majority of the funds to pay for the play equipment and that he would like to make it clear that the City is helping only with the installation pf this equipment. Huber stated he feels that this is important to delineate that the City is not setting a precedent paying for School District play equipment. AYES: 6 NAYS: 0 T�IN CITIES CisL}3BRITY SOFTBALL CLASSIC Administrative Assistant Batchelder stated the City has received a request from Matt Blair Celebrity Promotions to conduct the Twin.Cities Celebrity Softball Classic at Mendakota Field on June 12, 1993. Batchelder stated the City's new Reservation Policy required that all groups hosting tournaments receive Parks Commission and City Council consideration and approval. Batchelder stated City staff toured the site with Matt Blair Celebrity Promotions to discuss details regarding parking, concession�, seating and access to the fields and that many of these details still need to be worked out. Ms. Amy Rothbauer stated Mendakota Park seemed to be an ideal facility for the Matt Blair Celebrity Softball --�- Classic. She explained the first year the tournament was held at Siefert Field at the University of Minnesota and this year it was held at Tahpah Park in the City Shakopee. She stated in the last two years this organization has raised $172,000 for two different Charities, the D.A.R.E. Program and the Second Harvest Program. Ms. Rothbauer stated Ma.tt Blair's organization had secured the Airport Hilton as the official hotel for this celebrity softball tournament and that Mendakota Park provided a convenient location as well as an excellent facility for their tournaments. Ms. Rothbauer described the celebrity softball tournament. She stated that professional athletic teams are grouped together with local media celebrities and that they have a softball tournament with the charity going to the winner's City. Ms. Rothbauer explained charity funds go locally as well as nationally. She further stated they would like to . .� make Mendakota Field their home f ield on an annual basis . She that they expect a crowd of 2,000 and they would be charging admission to raise money for this year's chosen charity which is Cities in Schools. The Commission discussed charges for the use of Mendakota Field and the fact that the City has not yet adopted a tournament policy for this type of use. Ms. Rothbauer stated Matt Blair Celebrity Promotions would provide additional bleachers to seat a larger crowd than is capable at th,�.s time. She stated they typically have approximately 250 volunteers to help out with the tournament and that they are considering shuttle buses for people who park at Mendota Plaza. Ms. Rothbauer stated the celebrity softball tournament is an annual charity event and that Matt Blair Celebrity Promotiona gets a consulting fee from the charity and a percentage of the gate fee. She stated the first year of the tournament sponsored the D.A.R.E. Program and the second year in the City of Shakopee the Second Harvest Program. Ms. Rothbauer stated Cities in Schools would be this year' s charity and that they are involved in dropout prevention programs. She stated this includes an academic program to help rttake sure disadvantaged youths graduate from high school and that scholarships are also available. Ms. Rothbauer stated that if the Minnesota Celebrity Team won then the charities would be donated to the Minnesota Cities in School Program. Commissioner Spicer stated for the record that Matt Blair is a friend of the Court when they are dealing with disadvantaged kids. The Commission discussed the Cities in Schools Program. Ms. Rothbauer stated currently Farmington has a Cities in Schools Program and Minnesota is currently attempting to expand this charity to other school diatricts. Ms. Rothbauer stated the funds go to the winning team's area with a percentage going to the local charities. She stated that if Minnesota wins then $15,000 would go to Minnesota to building the Cities in Schools Program. Commissioner Spicer inquired if the Association could operate the concessions the event. Ms. Rothbauer replied yes. Kleinglass stated the Parks budget should from the Fire Department to operate the Commissioner Katz disagreed. Fire Relief on the day of Commissioner receive rent concessions. Ms. Rothbauer stated Matt Blair Celebrity Promotions would provide a $1 million liability policy. Administrative Assistant Batchelder stated while the City staff has toured the site with Matt Blair Celebrity Promotions there are many details that need to be worked � :y out regarding parking, bathrooms, VIP tent space, electricity, concessions, use of multi fields, ability to secure access and public seating. The Parks and Recreation Commission discussed charity events verses profit ma.king events in the use of the City's softball fields for tournaments by external organizations. Commissioner Kleinglass stated the City should be reimbursed for all costs incurred in hosting any softball tournament. Commissioner Spicer stated most Cities operat� tournaments on the basis of a reservation fee established for all groups. The Commission discussed the appropriateness of the Matt Blair Celebrity Softball Classics charity fund raising. Commissioner Kleinglass expressed a concern that this softball tournament was a business venture. Commissioner Hunter felt the City should cover any expenses. Commissioner Spicer stated the City should require appropriate fees and a damage deposit. Chair Huber stated the City did not build the fields to bring big groups into our parks. He stated he does not feel the City needs the public relations or the goodwill, however, he feels thia would be a good opportunity for the concessions and some of the local business. Chair Huber expressed his concern that this type of event would eat up a lot of staff time. The Commission discussed the use of Mendakota Park by community groups and external groups. Commissioner Damberg stated the City needs a tournament policy to handle these type of events. Commissioner Spicer stated when the City proposed this complex its revenue generation had been discussed. Spicer stated he feels.that this one-day event would generate revenue for --�- the City. Commissioner Kleinglass felt a reference check should be made with other host Cities of prior tournaments for Matt Blair Celebrity softball. Chair Huber stated the problem is the City does not have a policy in place for tournaments and we do not know what the fees will be. Huber stated there are too many questions about this event at this time. Commissioner Spicer stated Mendakota Park should be rented out by the City on the weekends with a consistent policy for all groups. Spicer stated this policy should consist of a user fee of $300 to $500, a maintenance fee to cover any time by the City staff involving dragging of fields, a damage deposit and proof of insurance. Chair Huber stated these fields are new and this is really the first request the City has had to rent these fields to an external organization. Huber stated there are some questions on the charitable aspects. Ms. Rothbauer explained Matt Blair's organization takes a fee j .1 for sponsorship because it takes them approxima.tely one year to plan this event and their fee covers office staff and time. She stated with last year's donation to Second Harvest only about one percent was taken out for overhead costs by Ma.tt Blair's Celebrity Promotions. Commissioner Spicer explained these fields are brand new in the City and no policy exists at this time for outside usage. Commissioner Spicer moved to recommend that City Council approve the use of Mendakota Park by Matt Blair Celebrity Promotions for the Twin Cities Celebrity Softball Classic on June 12, 1993, contingent on the establishment of a City Policy for outside tournaments that consists of: 1) a user fee of approximately $300 to $500; 2) City maintenance costs are reimbursed; 3) a security or damage deposit be made; 4) proof of insurance be provided. Commissioner Hunter seconded the motion. AYES: 4 NAYS : 1, HiJBER AB5TAIN: 1, KLLINGLASS H�TD DRYERS AT b�NDAKOTA PARR A memorandum from Parks Project Ma.nager Kullander stated the need to remove paper towel dispensers from the Mendakota concession building and replace them with hot air hand dryers. Kullander stated this is due to vandalism with the clogging of toilets from paper towels. Commissioner Damberg recommended that City Council direct Parks Project Manager Rullander to arrange for the installation of hot air hand dryers at the Mendakota --�- concession building. Commissioner Hunter seconded the motion. AYES: 6 NAYS: 0 LOCKBOX FOR SOFTBALL LQIIIPMENT Parks Project Manager Kullander presented a memo stating the need for storing bases and chalk boxes at Mendakota Park. Kullander stated currently the bases and chalk boxes are stored in the mechanical room and Parks Leadperson Terry Blum feels uneasy about letting too many people have access to this room. Kullander stated a lockbox was bought for the Civic Center Park at a cost of $330. Commissioner Katz moved to -� recommend that the City Council approve the purchase of a lockbox for Mendakota Park. Commissioner Kleinglass seconded the motion. AYES: 6 NAYS: 0 BACRSTOP HOODS Parks Project Manager Kullander explained three softball fields within the City are experiencing problems with foul balls. $ullander stated Friendly Hills, Wentworth and Civic Center Park. Kullander stated at Friendly Hills Park there have been three broken windows of the house nearest the backstop. Kullander stated this item had been brought to his attention by Parks Leadperson Terry Blum and by coaches in Mend-Eagan. Commissioner Spicer stated the City should test the new backstop hoods at just one of the fields to find out if they are effective. Spicer stated the Civic Center site should be the field tested because of the immediate frontage road behind the ballfield is a hazard to children who are chasing foul balls. The Commission discussed backstop hoods at the other sites. Commissioner Spicer moved to Council award the contract for backstop hoods at Friendly Hill under the alternate bid design. Commissioner Ratz seconded the `AYES : 6 NAYS: 0 VISITATION REQIIEST TO IISE T�IS COIIRTS AT ROGER'S LAKE PARK AYES: 6 NAYS: 0 recommend that the City the installation of new s and at Civic Center Park motion. Commissioner Hunter moved to recommend the City Council approve the request to reserve Roger's Lake tennis court for the girl's tennis season for Visitation High School. Commissioner Damberg seconded the motion. • REGIONAL TRAIL SYST�NI Administrative Assistant Batchelder explained he had been contacted by Dakota County to seek a resolution by the City of Mendota Heights in support of their regional trail system and, in particular, support for examination of the Soo Line Railroad tracks as an alignment and connection to the regional trail system. Batchelder � explained the Soo Line railroad alignment runs from the Coca-Cola plant on Highway 55 north through the Industrial Park where it intersects future Highway 13 and then proceeds along Acacia Cemetery into Mendota.• Batchelder stated the Fort Snelling DNR Division is interested in this opportunity to provide a bicycle pedestrian access to Fort Snelling and the State park. Batchelder stated Dakota County is interested in examining this alignment as part of their regional trail system. He stated MnDOT is willing to go along with this project if bi,cycle path improvements can be included v� prior to their January bid letting for the road construction of future Highway 13. Commissioner Spicer moved to recommend City Council adopt a resolution supporting the Dakota County Regional Trail System and the examination of this alignment as a possible connection for that trail system. Commissioner Ratz seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, BIIBER LAI�TDSCAPE SCREENING AT MENDAROTA PARR Parks Project Manager Kullander provided a presentation of the landscape screening that NSP installed last year on the north wall of their substation at Mendakota Park. Kullander stated that over ten years ago NSP had provided a sound wall on the south and southwest side of their substation as a condition of a variance approval. Kullander stated NSP has provided a good mixture of landscaping on the north side adjacent to Mendakota Park, -.�.. however, these plantings are young and have not yet matured. Kullander stated even mature plantings would not hide the poles, the lines or the equipment of the substation. Kullander stated Parks Leadperson Terry Blum has been maintaining a tree farm at the public works garage and has indicated to him that when the Public Works garage is expanded these trees will have to be moved. Kullander suggested that some of these trees could provide additional screening at the NSP power plant. The Commission felt this was a good idea and directed staff to pursue this action. VERBAL IIPDATES Commissioner Spicer moved to� recommend Parks Proj ect Manager Kullander and Administrative Assistant Batchelder AYES: 6 NAYS: 0 and all o� the volun�eers be commended for Cheir efforts on putting together �he Mendakota Parks Celebra�ion 1as� weekend. Gammissioner Katz seconded the motion. The Commission was excit�ed about doing this event again next year and discussed the possibility af having it in a different p�rk or continuing it a� Mendakota Park. Commissioner Ratz stated she feels if Park� Leadperson Blum has additional �rees at his tree farm a good place for these would be alang the boulevard along the trail on Ma.rie Avenue from Victoria to Lexington �o provide shade on the trail. Administrative Assistant Ba�che2der stated at the las� Cauncil mee�ing Cauncil had considered provi.ding resources to residents regarding tree services for diseased �ree�. Batchelder s�ated Council direc�.ed s�.afi to look at options availabZe to the City for providing these services. Batchelder �ta�Ged the Council had also da.rected sta�f to revise the Park Ordinance �o a11ow horses ta use City �razls pravided tha� they clean up a�ter themselves in a simil.ar manner as dog owners. Batchelder stated the City Council had approved the Park� Cammi�sion recommendation on future land acquisi�ion and on the City Policy for Tot Lots. Parks Proj ect Manager Kullander descr3.bed the progress of constructa.on of Kensi.ngton Park. ADJOURNI+tENT _ ,�,, There being no further business, the Parks and Recreation Commission adjourned at 8:50 0' cl.ock P.M. Respectful.ly submitted, Kevin Batchelder Administrative Assistant City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 92- RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYIV�NT FOR MENDAKOTA COMMUIVITY PARK (IlVIPROVEMENT NO. 89, PROJECT NO. 6n WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on March 20, 1992, Friedges Landscaping, Inc. of Lakeville, Mi.nnesota, has satisfactorily com- pleted the construction of Mendakota Community Park (Improvement No. 89, Project No. 6n in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $4,328.a0 taking the contxactor's receipt in full. � Adopted by the City Council of the City of Mendota. Heights this lSth da.y of August, 1992. CITY COUNCIL CITY OF MENDOTA HEIGHTS • �- By Chazles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk � CITY OF MENDOTA HIIGHTS MEMO August 10, 1992 TO: Mayor, City Council and City Admini FROM: James E. Daniel on Public Works Dir o y SUBJECT: Mendakota Community Park Job No. 8920I Improvement No. 86, Project No. 9I DISCUSSION: At the June 16, 1992 City Council meeting staff presented the final payment for Mendakota. Park. At the direction of Council staff withheld $4,328 until a second seeding of the fields was completed and growing. The fields are in gaod shape and the contract is completed. RECOMIV�ENDATION: I recommend that Council accept the project and approve the final payment to Friedges Landscaping, Inc. of Lakeville, MN. ACTION REOIJIItED: If Council concurs with the recommendation they should pass a motion adopting Resolution No. 92- , RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPRO�'EMENT NO. 89, PROJECT NO. 6I. . <... JED:dfw � � 0 �' T0: FROM: CITY OF MENDOTA HEIGHTS •[_���M_�C�] Mayor, City Council and City s Guy Kullander, Parks Project August 12, 1992 Administrat Manager SUBJECT: Mendakota Park Concession Buildings Terry Blum, Parks Leadperson, has reported several instances of vandalism at the park concession building. The most problematic , so far has been the clogging of toilets with paper towels from the towel dispenser. The resulting ma.intenance problem are left to your imagination - suffice to say it is very unpleasant. Terry has requested that the towel dispensers be removed and hot air hand dryers be installed in their place. This can be accomplished for about $400 per unit. I have already issued a change order for the Kensington Park building substituting hot air hand dryers to be installed in place of paper towel dispensers in the two toilets. The electrical conduit for this change was installed on August 5th. � The Mendakota Park construction has not been finalized, so funding for this change could come from Referendum Funds as part of the park construction. RECON�MENDATION • The Parks and Recreation Commission requests that hot air hand dryera be installed at the Mendakota concession building. ACTION RE4IIIRED If Council so desires they should direct Parks Proj ect Ma.nager Guy Kullander to arrange for installation of two hot air hand dryers at the Mendakota Park concession building. C-t�:i:�: � CITY OF MENDOTA HEIGHTS MEMO August 12, 992 ..., T0: Mayor, City Council and City Administrat r FROM: Guy Kullander, Parks Project Manager SUBJECT: Lockbox at Mendakota Park DISCIISSION The ball fields have been used several times and a situation concerning security of the mechanical room has been brought to my attention by Parks Leadperson Terry Blum. The bases are stored in the mechanical room and Terry feels uneasy about letting too ma.ny people have access to this room. The irrigation controls, supplies and tools are also kept in this room. Terry would like a metal lockbox, similar to the one installed at the Civic Center Park be used to hold the bases and chalking machine. The last lockbox cost was $330. The Rensington Park concession building includes'a net storage room for game supplies which is not part of the storage room so that a similar situation will not occur at this facility. RECONIlKLNDATION � �.... . � The Parks and Recreation Commission recommends a lockbox be " installed at Mendakota Park. ACTION REQIIIRED If Council so desires they should direct Parks Proj ect .Manager ��� Guy Rullander to install a metal lockbox for equipment storage at Mendakota Park prior to the start of the 1993 softball season. GDR:kkb ` � � �� � � ' �w� August 12, 1992 TQ: Mayor, City Conncil and City Administra FRC}M: Guy Kullander, Parks Project Manager ,,P� • RE: Backstop hoods at Civic Center and Friendly F.[ills Batifields DISCUSSION. Fou1 balls at Friendly F[ills ballfield have bmken severai windaws of the hause behind the backstop. Installation of a 7' hood on the existing backstap should prevent this from happening in the future. T'he backstap at the Civic Center field is only four feet high and numerous foul balls go into the drainage pond behind and many fouls bounce an the asphalt frontage road aften ca.using difficulties far traffic an the road. This backstop is nat sturdy enaugh to hold a large haad, but fence companies can enlarge the existing hoad or place a lighter weight larger hood on the e�cisting stiucture. Bids have been received from three fence companies to install hoods at these two parks. .. • � �- �• • The Park and Recreativn Commission recommends that the low bid submitted by Fenc Co be accepted and that the Civic Center hood i� enlarged as per the Altemate Proposal submitted by Fenc Co. . � . . • i� :rt� If Council so desi.res they shauld award the Bid to Fenc Co to install a 7' hood at Friendly Hills park for $1,i37.5Q and that the Civi.c Center hood be erilaarged as per the ,Alternate Propasal for a cos� of $1,165.00. � CITY OF MENDOTA HEIGHTS n�IEMO August 11, 1992 TO: Mayor, City Council and City Admini FROM: 7ames E. Dani Public Works D r SUBJECT: WMO Joint Powers Amendment DISCUSSION• In 1985 Mendota Heights adopted a 7oint Powers Agreement with the cities of Pagan and Inver Grove Heights to form the Gun Club Lake Watershed Management Organization. Since that tame the organization itself has prepared and adopted a comprehensive management plan. The individual cities are currently preparing City plans. Mendota Heights' City plan is scheduled for completion late in August for a staff review, and presentation to Council anticipated in September. Recently the Watershed Board asked their attorney, Roger Knutson, to update the original 7oint Powers Agreement to make it comply with current 5tate Legislation. That agreement is attached, deleted language is shown as lined through and added language is shown with a solid line above. RECOMMENDATION: The attached Gua Club Lake Watershed Management Organization Joint Power Agreement has been revised and restated to make the changes necessary to comply with current State Statutes, there �re no changes of substance and I recommend that Council approve it as modified. ACTION REOUIltED: If Council wishes to implement the recommendation they should pass a motion approving the agreement and authorize the Mayor and Clerk to sign it. • ��, r04/30/92 "BLACR-LINED" y REVISED AND RESTATED GIIN CLIIB LARE AATERSHED JOINT POAERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION 1992 o �NTL� � a � .��..�'i �i 0 d REVISED AND RESTATED GUN CLUB LAKE WATERSHED JOINT PflWERS AGREEMENT INDEX PARAGRAPH/ITEM l. Name . . . . . . . . . . . . . . . . . . . . . . . . . 2. General Purpose . . . . . . . . . . . . . . . . . . . . 3. Defi.nitions . . . . . .' . . . . . . . . . . . . . . . 4. Membership . . . . : . . . . . . . . . . . .. . . . . . . 5. Advisors . . . . . . . . . . . . . . . . . . . . . . . . 6. Board of Managers . . . . . . . . . . . . . . . . . . . Subd. 2. Appai.ntment . . . . . . . . . . . . . . . Subd. 2. Eligibility/Quali�ications . . . . . . . . . Subd . 3 , Term . . . . . . . . . . . . . . . . . . . Subd. 4. Compensation . . . . . . . . . . . . . . . . Subd, 5. organizationjstructure . . . . . . . . . . . Subd. 6. Voi�ing . . . . . . . . . . . . . . . . . . 7. Powers and Duties of the�WMO , . .�. . . . . . . . . . . Subd . 1. WMQ . . . . . . . . . . . . . . . . : . . . Subd. 2. Employees . . . . . . . . . . . . . . . . . Subd. 3. Location . . . . . . . . . . . . . . . . . . Subd. 4. Materials . . . . . . . . . . . . . . . . . Subd. 5. Surveys . . . . . . . . . . . . . . . . . Subd. 6. Public/Private Organizations'. . . . . . . . Subd. 7. Local Imgrovements . , . �. . . . . . .�. . . Subd. 8. �perationJMaintenance . . . . . . . . . . . Subd. 9. Insurance . . . . . . . . . . . . . . . . Subd. 10. TestingjMeasuring Devices . . . . . . . . , Subd. 11. Technical Assistance/Loca1. Water Management Subd. 12. Technical AssistancejLegal . . . . , . . . . Subd. 13.� Re�erve Funds . . . » . . . . . . . . . . . Subd. 14 . Revenue . . . . . . , - . . . . . . . . . , Subd . 15 . Contracts . . . . . . . . . . t . . . � . . . , �'�'� Subd. 16. Financial Audits , . . . . . , . . . , . . Subd. 17. Information Availability . . . . . . .�. . . Subd. 18. Amendments . . . . . . . . . . . . . . . . . Subd. 19. Additionai Powers . . . . . . . . . . . . . Subd. 20. Supplemental Studies . . » . . . . . . . . . Subd. 21. Pollution A.batement . . . . . . . . . . . . Subd. 22 , Newsletter . . . . . . . . . . . . . . . . . . . Subd. 23. Proposals for Services . . . . , . . . . . . Subd. 24. Planning Activities . . . . . . . . . . . . Subd . 2 4 . Annual Report . . . . . . . . . . . . . . . 8. Capital Impravement Process . . . . . . . . . . . . . . Subd. 1. Assessments . . . . . . . . . , . . . . . Subd. 2. Preliminary RepartsjPublic Iiearings .... Subd. 3. Appeals/Arbitratian . . . . . . . . » . . . Subd. 4. Contracts for Improvements . . . . . . . . . Subd. 5. Supervision . . . . . . . . . . . . . . . Subd. 6, Land Acquisitian , . . . . . . . . . . . . PAGE 1 1 2 3 3 3 3 4 4 5 5 5 6 6 6 7 7 7 7 7 7 8 8 8 8 8 9 9 9 9 9 9 sa 10 10 10 ld lp I1 11 11 13 14 14 14 �i �= c 7 PARAGRAPH/ITEM PAGE 9. Finances . . . . . . . . . . . . . . . . . . . . . 15 Subd. 1. Depositories/Disbursements . . . . . . . . . 15 Subd. 2. General Administration . . . . . . . . . . . 16 Subd . 3 . Budget . . . . . . . . . . . . . . . . . . . . 16 Subd. 4. Capital Improvements . . . . . . . . . . 17 Subd. 5. Capital Cost Allocation . . . . . . . . . �. 18 10. Special Assessments . . . . . . . . . . . . . . . . . . 19 11. Duration . . . . . . . . . . . . . . . . . . . . . . 20 Subd. 1. Expiration . . . . . . . . . . . . . . . . 20 � Subd . 2 . Termination . . . . . . . . . . . . . . . . 2 0 Subd. 3. Dissolution . . . . . . . . . . . . . . . . 20 12 . Dissolution . . . . . . . . . . . . . . . . . . . . . . 2 0 13. Effective Date . . . . . . . . . . . . . . . . . . . . 21 14. Signature Pages . . . . . . . . . . . . . . . . . . . . 21-22 r� 0 JOINT POWER3 AGREEMENT ESTABLISHING A AATERSHED MANAGEMENT ORGANIZATION FOR THE GIIN CLIIB LARE AATERSHED THE PARTIES TO THIS AGREEMENT are cities which have land within the Gun Club Lake Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes . 11 1982 §§ 471.59 and 103B.201�8�-�, et seq. 1. Name. The parties hereby create and establish the Gun Club Lake Watershed Management Organization. 2. General Purpose. The purpose of this Agreement is to provide an organization to regulate the natural water storage and retention of the Gun Club Lake watershed to: (a) protect, preserve, and use natural surface and ground water storage and retention systems; (b) minimize public capital e�enditures needed to correct flooding and water quality problems; (c) identify and plan for • means to effectively protect and improve surface and ground water �quality; (d) establish more uniform local policies and official controls for surface and ground water management; (e) prevent • erosion of soil into surface water systems; (f) promote ground a water recharge; (g) protect and enhance fish and wildlife habitat � and water recreational facilities; and (h) secure the other benefits associated with the proper management of surface and " ground water. - - - ' .�. ' - - - - - - - - - - - - - ' .�� - - - ' - � - ' - -' - - - - - - - - � - - - - - ' - - ' - r04/30/92 "BLACR-LINED" -1- a " ' �" ' ' ' _ ' ' - 3. Definitions. tl Subdivision 1. Watershed Manaqement Orqanization ("WMO") means the organization created by this Agreement; the full name of which is "Gun Club Lake Watershed Management Organization". It shall be a public agency of its respective governmental units. .�1�' 4��� Subdivision 2. Board means the Board of Managers of the Subdivision 3. Council means the governing body of a governmental unit which is a member of this WMO. � city. Subdivision 4. Governmental Unit means any signatory Subdivision 5. Member means a governmental unit which enters into this Agreement. • '�' Subdivision 6. Manaqer means an individual appointed by a � governmental unit to comprise and serve on the WMO Board. Subdivision 7. Gun Club.Lake Watershed or watershed means the area within the mapped area delineated on the map filed with ' the Board of Water and Soil Resources, as may be amended, pursuant to Minn. Stat. §§ 103B.211 and 103B.215, a�complete legal description of which is attached hereto as Exhibit "A".� '__=_ �_�::: ��; �*�a i•��►�:•r��=:=►.t�st���r�a•.���-s--����:��:����t%�t��•re�� ri=�=i�*��c:.R=��.����..r..�.=��, .. �- n : . . - . - - - - - ` - • - - - - - - - - _ _ ' _ _ _ _ _ M _ i _ _ _ _ _ _ _ 4 ! _ � _ _ _ _ _ ' _ _ 1 � _ V _ _ _ � _ _ _ _ • 1 � 1 � - 4. Membership. The meinbership of the WMO shall consi�t af ° y the fal.lawing governmental. units : City af Eagan City af Inver Grave I�ea.ghts City of Mendota Heights No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any govern- mental unit listed above to be represented on the WMO, so long as such governmental uni� continues to exist as a separate pol3.tical subdivi.sion. • 5. Advisors. Dakota Caunty and the Dakota County Soil and Water Canservation Distri:ct shall be requested to appoint a nan- voting advisory member to the WMO. The County and District �hall - not'�`be required to contribute funds for the operation of the WMO, except as provided in Minn. Stat. § 473.883, but may provide technical services. 6. Board of Managers. � Subdivision l. Appointment. The gaverning body of the WM4 shall be its Baard af Managers which sha1.I cansist of five {5} s�e�e�--�,-j--managers . _�_ �-�'�� �'I'hree ( 3) managers shall be appointed by the eCity of Eagan, �rnd-one (1) manager appointed by the City of Inver Grove Heights, and one (1) manager appointed by the City of Mendota y Heights. Each city may designate ���-alternates if necessitated by the absence of its respective representative manager(s). Subdivision 2. Eliqibility or Qualification. The council of each city shall determine the eligibility or qualification of its representative on the WMO. Subdivision 3. Term. Managers and alternates shall serve a three (3) year term and until their successors are appointed and qualify. The terms of the managers and alternates serving on the date this Revised and Restated Joint Powers Agreement is adopted shall expire on June 1, 1995. A manager or alternate may not be removed from the Board prior to the expiration of the manager's • terni, except for just cause by the governing body that made the appointment. The Board of Water and Soil Resources shall be notified of all appointments to the Board and of all vacancies. All vacancies shall be filled within ninety (90) days after they occur.. Notices of all vacancies shall be published in the official newspaper of the cities appointing the Board managers at least fifteen (15) days before the appointment is made. �� IIS�7tl�L!-�����l��f7l-��/V\ ��1�[�}��=�77S�PT��I�t�����\•L-�:�T�.i�ii��l�f�lir��l�t��7���w�w m -4- � ; , [�.����►����i���1.��1�\�}fllll�ll���l�w��f�iA7\��1lV\ L7 Subdivision 4. Compensation. Managers shall serve without compensation from the WMO, but this shall not prevent a governmental unit from providing compensation to a manager for serving on the Board. r Subdivision 5. Orqanization/Structure. At the first meeting of the Board and in January of each year thereafter, the Board shall elect from its managers a chair, a vice chair, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. At the organiza- tional meeting or as soon thereafter as it may be reasonably done, the WMO shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the WMO, provided that at least ten (10) days prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. The chief administrative officer of each • member community shall be notified of the dates and locations of 5 all meetings. Meetings must be held at least annually. The Board may appoint citizen and technical advisory committees. - - - - ,- -- - -- - --- - - - - - - -- , - , - - -- -- - Subdivision 6. Votinq. Decisions by the managers shall require a majority vote of all managers except that a decision to -5- order a capital improvement project shall require a 2/3 favorable vote. 7. Powers and Duties of the AMO. Subdivision 1. The WMO, acting by is Board of Managers: (A) Shall prepare and adopt a watershed management plan r r meeting the requirements of Minn. Stat. § 103B.231��. �• ti (B) Shall review and approve member's local water management plans as provided in Minn. Stat. § 103B.235�3. (C) Shall exercise the authority of a watershed district under Minn. Stat. Chapter 103D3�� to regulate the use and development of land when one or more of the following conditions exist: (1) The local government unit exercising planning and zoning authority over the land under Minn. Stat. §§ 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364 does not have a local water management plan approved and adopted in accordance with requirements of Minn. Stat. � § 103B.235�3-83-3 or has not adopted the implementation � program described in the plan. (2) An application to the local governmental unit for a permit for the use and development of land, requires an amendment to, or variance from, the adopted local water management plan or implementation program of the local • � �' unit. 6 (3) The local governmental unit has authorized the WMO to require permits for the use and development of land. ,, Subdivision 2. Employees. The WMO may employ such . persons as it deems necessary to accomplish its duties and powers. � 0 � d 0 - - - � . - , - - - - - - - - - - Subdivision 3. Location. The WMO may contract for the necessary space to carry on its activities either with a member or elsewhere. Subdivision 4. Materials. The WMO may acquire necessary � y personal property, material, and supplies to carry out its activities, powers, and its duties. Subdivision 5. Surveys. The WMO may make necessary surveys or use other reliable surveys and data, and develop projects to accomplish the purposes for which the commission is organized. The WMO may enter upon lands within or without the watershed to make these surveys and investigations. Subdivision 6. Public/Private Orqanizations. The WMO may cooperate or contract with the State of Minnesota or any � subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized, except as noted in paragraph 7, subdivision 2. • '�' Subdivision 7. Local Improvements. The WMO may order.a governmental unit to carry out that member's local water manage- ment plan which has been approved by the Board, or�if the local unit of government fails to do so, in addition to its other � remedies, in its�discretion, the Board may implement any required action or improvement in accordance with this Agreement. Subdivision 8. Operation/Maintenance. The WMO may acquire, operate, construct, and maintain those capital -7- improvements so constructed by the Board and as delineated in the watershed management plan adopted by the Board. Subdivision 9. Insurance. The WMO may contract for or purchase such insurance as the Board deems necessary for the protection of the WMO. Subdivision 10. Testinq/Measurinq Devices. The WMO may �� y establish and maintain devices for testing, acquiring, and recording hydrological and water quality data within the watershed. Subdivision 11. Technical Assistance/Local Water Manaqement Plans.`� The WMO may provide any member governmental unit with technical data or any other information of which the WMO has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the . watershed. Subdivision 12. Technical Assistance/Leqal. The WMO may � provide legal and technical assistance in connection with liti- �gation or other proceedings between one or more.of its managers and any other political subdivision, commission, board or agency • rela"�ing to the planning or construction of facilities to drain or � pond storm waters or relating to water quality within the Gun Club Lake watershed. The use of WMO funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the ' then existing managers of the WMO. � ' Subdivision 13. Reserve Funds. The WMO may accumulate reserve funds for the purposes herein mentioned and may invest funds of the WMO not currently needed for its operations. -8- 0 Subdivision 14. Revenue. The WMO may collect money, subject to the provisions of this Agreement, from its members and from any other source approved by a majority of its Board. Subdivision 15. Contracts. The WMO may make contracts, incur e�cpenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. y Subdivision 16. Financial Audits. The WMO shall cause to be made an annual audit of the books and accounts of the WMO and shall make and file a report to its respective cities at lease once each year including the following information: (A) The financial condition of the WMO. (B) .The status of all WMO projects and work within the watershed. (C) The business transacted by the WMO and other matters which affect the interests of the WMO. Copies of the report shall � be transmitted to the clerk of each member governmental unit. Subdivision 17. Information Availabilitv. The WMO's books, reports, and records shall be available for and open to . iris�ction by its members at all reasonable times. �� � Subdivision 18. Amendments. The WMO may recommend changes in this Agreement to its members. Any amendments shall re ire ratification b all member units of '� � y government. Subdivision 19. Additional Powers. The WMO may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minn. Stat. §§ 103B.201 and 103B.251 . �3-: 8-83�. �� d Subdivision 20. Supplemental Studies. Each member reserves the right to conduct separate or concurrent studies or tests at their own expense on any matter under study by the WMO. Subdivision 21. Pollution Abatement. The Board may investigate on its own initiation or shall investigate upon petition of any member all complaints relating to pollution within � y the Gun Club Lake watershed covered by this Agreement. Upon a finding that the watershed is being polluted, the Board may order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protec- ting and improving the water quality of surface water in the watershed. Subdivision 22�. Newsletter. The'Board shall publish and distribute a newsletter at least annually that meets the require- • ments of Minn. Stat. § 103B.227 and Minnesota Rule 8410.0100. The newsletter must explain the watershed's programs and list offices and telephone numbers. • ��`�' Subdivision 23. Proposals for Services. The�Board shall � solicit proposals for all legal, engineering, auditing, and other technical services at least every two (2) years. ,� Subdivision 24. Planninq Activities. The Board shall coordinate its planning activities with contiguous watershed management organizations and counties conducting water planning and implementation under Chapter 110B. Subdivision 25. Annual Report. On or before April 1, the Board shall file an annual report with the Board of Water and Soil -10- Resources including a financial report on administration, projects, or other expendi-tures meeting the requirements of Minn. Stat. § 103B.231 and Minnesota Rule 8410.0150. 8. Capital Improvement Process. Subdivision 1. Assessments. All construction, recon- struction, extension, or maintenance of storm water facilities �� y within the Gun Club Lake watershed, including but not limited to outlets, lift station, dams, reservoirs, appurtenances of a surface water or storm water sewer system ordered by the WMO which involved potential assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedure outlined in Minn. Stat. Chapter 429, except as herein�modified. Subdivision 2. Preliminary Reports/Public Hearinas. For those improvements initiated by the WMO or�so designated in the • WMO�s watershed management plan to be constructed by.the Board, the �Board shall secure from its engineers or some other competent person a preliminary report advising it whether the proposed - imp�ovement is feasible and as to whether it shall best be�made as � proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. The Board shall then hold a public hearing on the proposed improvement after mailed. notice to the clerk of each member governmental unit and published notice in the Board's official newspaper. The WMO shall not be required to mail notice except by notice to the clerk. The notice shall be mailed not less than forty-five (45) days before the hearing, shall state the time an place of the hearing, the general -11- nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. To order an improvement involving ' two (2) or more members, a resolution setting forth the order shall require a favorable vote of 2/3 �-f�-of all of the then existing Board of the WMO; however, an improvement affecting only 3�.-�one member shall • y requires o�3�--a �3/5 favorable vote, providing that a favorable vote is cast by the manager or manager appointed by an affected member city. If the affected member city does not cast a favorable vote, then a 2/3 favorable vote is required. The order shall describe the improvement, shall allocate in percentages the cost between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate who will contract for the improvement. After the Board has ordered an improvement, it shall • forward the preliminary report to all member governmental units �with an estimated time schedule for the construction of the improvement. The Board shall allow an adequate amount of time, and • in'�io event less than ninety (90) days, for each member govern- � mental unit to conduct hearings, in accordance with the provisions � of Chapter 429 or the charter requirements of any city., or to ,- ascertain the method of financing which the member governmental .. unit will use to pay its proportionate share of the costs of the improvement. This ninety (90) day period may be modified if all affected member governmental units pass a resolution waiving this requirement for the sake of expediency. -12- If the WMO proposed to use Dakota County's bonding authority, or if the WMO proposed to certify all or any part of a capital improvement to Dakota County for payment, then and in that event all proceedings shall be carried out in accordance with Minn. Stat. § 103B.251�3-8-��. The Board shall not order and no engineer shall prepare y final detail plans and specifications before the Board has adopted a resolution ordering the improvement. The Board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment, or upon expiration of ninety (90) days after the mailing of the preliminary report to the members, whichever occurs first. Subdivision 3. Appeals/Arbitration. Any member govern- mental unit aggrieved by the determination of the board as to the � allocation of the costs of an improvement shall have thirty (30) �days after the WMO resolution ordering the improvement to appeal the determination. The appeal shall be in writing and shall be . ' ad8�ssed to the Board asking for arbitration. The determiriation of � the member's appeal shall be referred to a Board of .Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed by the Board of Managers, one to be appointed by ' the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within fifteen (15) days after their appointment, then the Chief Judge of the District Court of Dakota County shall have jurisdiction to appoint, upon appli- -13- cation of either or both of the two earlier selected, the third person to the Board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge, shall be a person knowledgeable in the subject matter. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of �� Y the arbitration shall be divided equally between the WMO and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minn. Stat. Chapter 572. Subdivision 4. Contracts for Improvements. All impr.ove- ment contracts ordered by the Board shall be let in accordance with Minn. Stat. § 429.041. The bidding and contracting of the work may be let by any one of the meinber governmental units or by the Board as determined by the Board of Managers after compliance with the statutes. Contracts and bidding procedures shall comply with the � legal requirements applicable to statutory cities. P Subdivision 5. Supervision. All i�provement contracts shall be supervised by the entity awarding the contract. The WMO • sta�f shall also be authorized to observe and review the work in �-� - progress and the members agree to cooperate with the WMO staff in accompli.shing its purposes. Representatives of the WMO shall have the right to enter,upon the place or places where the improvement � work is in progress for the purpose of making reasonable tests and . inspections. The WMO staff shall report and advise and recommend to the Board on the progress of the work. Subdivision 6. Land Acquisition. The WMO shall have the power of eminent domain. Al1 easements or interest in land which -14- are necessary will be negotiated or condemned in accardance with � Minn. Stat. Chapter 117 by the Board orl if directed by the Board, by the governmental unit where the land is lOCated� and each member agrees to acquire the necessary easement or right-of-way or partial or complete interest in land upon order of the Baard to accomplish the purposes af this Agreement. Al1 reasanable costs of the ` y acquisition, including attorney's�fees, shall be considered as a cost of the impravement. If a mamber governmental unit determines it is in the best interests af that member to acquire additional lands, in conjunction with the taking af lands for storm and surface drainage ar storager for some other purposes, the costs of the acquisition will not be included in the 'improvement costs af the ordered projeat. Members may not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate � boundar'ies of anathar gavernmental unit within Gun Glub Lake watershed except upon order of the Board. 9. Finaaces. �� Subdivision 1. Depositories/Disbursements. The WMQ funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate one or more national or state bank or trust companies authorized to ' receive deposits of public monies�to act'as depositories for the WMa funds. In na event shall there be a disbursement of WMO funds without the signatura af at least two {2} Baard managers, one of whom shall be the treasurer. The treasurer sha21 be required to file with the secretary of the Board a:bond in the sum of at least �� e � $10,000 or such higher amount as shall be determined by the Board. The WMO shall pay the premium on said bond. Subdivision 2. General Administration. Each e�es� member agrees to contribute each year to a general fund, to be used for general administration purposes including, but not limited to: y salaries, rent, supplies, development of an overall plan, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality data. The funds may also be used for normal maintenance of the facilities and, sL_,, L_ Lw__L_�� capital improvements-�ecs-�. . The annual contribution by each member shall be based fifty percent (50%) on the assessed valuation of all property within the watershed and fifty percent (50%) on the basis of the total area of each member within the boundaries of the watershed each year to the tota] areas in the watershed. Subdivision 3. Budqet. On or before July 1 of each year, the Board shall adopt a general administrative budget for.the ensuing yea . The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit, together with a statement of the -16- � a , �i proportion of the budget to be provided by each member. The council of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and then give notice to the members of any and all modifications or amendments. Each governmental unit agrees to provide the funds required by the budget and the s-�i� � determination shall be conclusive. Subdivision 4. Capital Improvements. (A) An improvement fund shall be established for each improvement project ordered by the WMO. Each member agrees to contribute to fund its proportionate share of the engineering, legal, and administrative costs as determined by the amount to be assessed.against each member as a cost of the improvement. The Board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the WMO for each project. Each member agrees to pay its proportionate share of the cost of the improvement in accordance with the determination of the Board under paragraph 8, subdivision 2. The Board, in its • discretion, may require members to make advance payments based upon estimated costs, subject to adjustment to reflect actual costs, or may bill the members as costs are actually incurred. Members agree to pay bil l ings within thirty ( 3 0) days o f receipt .�r e��+A �� �,�_ � - „-,�..- :..: . _ - _ - - - - - ... - - - - - - - - - - - -, - - - - - �C T�\���������l-i���������-���1 ���TTi-i�:�t��ti��lsn���r:�•��w��� ' ' ' ' ' ' s��:�++p:�:�—mhe Board or the member awarding the contract shall -17- � 0 advise other contributing members of the tentative time schedule of the work and the estimated times when the contribution shall be necessary. (B) Notwithstanding the provisions of paragraph (A) of this subdivision, the WMO may fund all or part of the cost of a capital improvement contained in the capital improvement program of y the plan in accordance with Minn. Stat. § 103B.251. . . The WMO and Dakota County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Dakota County pursuant to Minn. Stat. § 103B.251.�-8�3: The levy and collection of an ad valorem tax levy for maintenance shall be by Dakota County based upon� a tax levy resolution adopted by the WMO and remitted to the County on or before October 1st of each year. If it is determined to levy for '. maintenance, the WMO shall be required to follow the hearing process established by Minn. Stat. Chapter 103 . . Mailed notice shall also be sent to the clerk of each member municipality ' at�least thirty (30) days prior to the hearing. Subdivision 5. Capital Cost Allocation. (A) WMO Plan Improvements: (1). All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board which the Board determines will provide district-wide benefits may s�� - be constructed and financed pursuant to Minn. Stat. § 103B.251. . . The members understand and agree that the costs will be levied on all taxable property in the watershed. All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board, which the Board -18- 0 determines will benefit only one member, shall be paid for entirely by that member. (2) All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board, which the Board - determines benefit more than one member, shall be apportioned by the Board on the following bases: (a) Capital costs and the financing thereof may`� be apportioned to each benefited member based on the ratio of the assessed property valuation of each benefited member within the boundaries of the bene- fited area to the total assessed property valuation of the benefited menibers in the benefited areas. (b) Capital costs and the financing thereof may be apportioned to each benefited member based on surface water runoff determined by "peak flow factors�� and/or the "rational method". (c) Any combination of (a) and (b). (d) Credits may be given to any member for lands acquired by that member to pond or store.storm and surface water. - (e) Pursuant to Minn. Stat. § 103B.251.-3�e ' . . . , . �rt� (B) Member's Local Water Manaqement Plan Improvements: All capital improvement costs incurred by th� Board ��� for improvements delineated in a member' local water - management plan, which the Board undertakes pursuant to _ paragraph 7, subdivision 7, because the local unit of � government fails to do so, shall be apportioned entirely to that local unit of government. 10. Special Assessments. The WMO shall not have the power'to�, levy special assessments. All such assessments shall be levied by the member(s) wherein the benefited land is located. -19- c [ ' 11. Duration. Subdivision 1. Expiration. Each member agrees to be bound by the terms of this Agreement until January 1, 2000, and it may be continued thereafter upon the agreement of all the parties. Subdivision 2. Termination. This agreement may be terminated prior to January 1, 2000, by the written agreement of �� ti 2/3 �-of the member communities. Dakota County and the Board of Water and Soil Resources must be given at least ninety (90) days advance written notice of the intend to dissolve. Subdivision 3. Dissolution. In addition to the manner provided in subdivision 2 for termination, any member may petition the Board to dissolve the Agreement. Upon ninety (90) �' days notice in writing to the clerk of each member governmental unit, Dakota County and the Board of Water and Soil Resources, the Board shall hold a hearing and upon a favorable vote • of the Board��s, the Board may by resolution recommend that the WMO be dissolved. The resolution shall be submitted to each member governmental unit • arid�if ratified by 2/3 of the governing bodies of all eligible 5 members within sixty (60) days, the Board shall dissolve the WMO allowing a reasonable time to complete work in progress and to dispose of personal property owned by the WMO. � 12. Dissolution. Upon dissolution of the WMO, all property of the WMO shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the WMO. Such distribution of WMO assets shall be made in proportion to � -20- , - » ,. m A � 0 the tatal contributian ta the WMO reguired by the last annual budget. 13. Egfective Date. This Agreement shaZl be in full force and effect when all three (3) governmental units delineated i.n para- graph 4 of this Agreement, have e�ecuted this Agreement.�_-r-�� . . Al1 members need nat sign the same capy. The _,-_'_wi_�� ��a signed Agreement shall be filed with the city clerk of the City of Eagan, wha shall notify all me7nbers in writing that it has been adopted. ��--� -s . Prior �o the effective date of this Agreement, any signatory member may rescind their approval. , � � � IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreemer�t to be . .�... executed . . . . Approved by the City Council , 1992. CITY OF EAGAN BY: � Its Mayor AND - Its City Clerk -21- � N � � Approved by the City Council , 1992. Approved by the City Council Y , 1992. CITY OF INVER GROVE HEIGHTS BY: Its Mayor � AND Its City, Clerk CITY OF MENDOTA HEIGHTS �- BY: Its Mayor AND Its City Clerk -22- 9 � � ti ^Ft �- ». a ��► • August 13, 2992 To: Mayor, City Council and City Administ � From: Kevin Batchelder, Admini�trative As�' t,�a� 1 Subject: Request to Re�erve Roger's Lake Tennis Cour�.s Convent of the Visitation School Tennis Team DISCUSSSON . Ms. Lucy Stringer,�Athletic Director of•Vi�itation School, has requested the reservation of the Roger's Lake ter�nis courts for th� women's tennis sea�on. The speci.fic request is to res�rve the courts Monday t�rough Friday, August 17 through Octaber 20, 1992 from 3:15 p.m, until 5;30 p.m. Please see attached request . The Council should note �ha�. the Convent of �.he VisiGation's season is in the Fall as opposed to the Spring season o� St. Thomas Academy. The City l�as not received any complaints regarding the reserv�ation o� Roger�s Lake.tennis court� by either Visitation or St. Thomas, • ►�:� •• • .The Parks and tha� Ci�.y Council �tennis courts. ACTxON RE4UTRED Recreation Commission voted 6-4 �o recommend approve•this request to reserve Roger's� Lake -.�.-.If the City Counci]. desires to implement the recommendation oi' t�.e Parks and Recreation Commission, they should pass a motion " approving �,he reservation of Roger's Lal�e. tennis courts Monday through Friday, August 17 through C?ctober 20, 1992 from 3:15 p.m� untii 5:30 p.m. Nt}TE: The new Parks Reservation Policy adopted by City . Gouncil in June allows private schools in Mendota Heights to reserve tenni.s courts with the approval. of the Parks and Recrea�ion Commission and the City Council. A copy of the pol.icy is provided for your use. � � � CITY OF MENDOTA iiEIGBTS » • August b, 2992 To. Parks and Recreation Cam�ii.ssion From: Kevin Batchelder, Administrat' e ' tant Subject: Request �o Reserve Roger's Lake Tenn.is Courts � Convent of the it'isitation Schaol. Tennis Team DISCUSSION Ms, Lucy Stringer, Athletic Direetor of Visitation Sehool, has requested the reservation of the Rogers Lake tennis caurt��for the women's tennis season.. The specific reques�. is to re�erve the courts Monday through Friday, August 17 t�o October, 20 1992 from 3:15 p.m. until 5:30 p.m. Please see at�ached request. ACTION REQUIRi�D Consider t�he request to reserve the tennis courts at Ragers Lake Park for �he Visitation's women's tennis season and make a recommea�da�ion to the City Council. NOTE: The new Parks Re�ervation Policy adopted by City Council in June allows private schoois in Men.dota Heights to reserve �enn�.s court� with �he approval of �he Park� and Aecreation Commission arxd the Czty Council. See Section .� .�,,, III . F of attached policy. • � �.� . �p,,t ����� ���� � 4 Ju1y 28, 1992 v• Ms. Maria Karels Menda�a Heights City Hall 1101 Victoria Curve Mendota Hts., MN 55118 Dear Ms. Karels, Conven� of the Visitation Sc�ool Athletie Depar�men.� would like to request the use of yaur �.enna.s courts at Rogers Lake, We woul.d be using the courts Monday thru Friday, August 17 to Oc�ober 2p, 1992 from 3:15 p.m. �0 5;30 p.m. Thank you for your ti.me and consideration. Sincerely, , , - -• ° . - '(��- �J";�,,-"yt- L cy Stri�.ger G/� Athletic Da.rec�or mb ti � 2455 VISiTATiON DREVE • MEi�lDOTA HEfGHTS, MN 5512Q • AREA 6't2J454-6474 . , .• �• CITX' C1F 1�NDOTA HEIGHTS Jul� 8, 1992 To; Linda, Kim, Na.n.cy, Dian.e,�Guy and Dennis � From: Ke�rin Batchelder, Administra�ive Assi 5ubject: New Park Resezva.tion Policy DISCUSSION I have at�ached a copy of Resolutian Na. 92-41, which establishes the new proceciures and fee� for reserving park space and facilities in Mendota Heights. Linda Shipt�on, a� part of her receptionist duties, usually handles the bookeeping far the park reservations that are made, Hawever, as employees that often handle phone calls, or publie requests, it is impor�an.t tha.t you are aware af the new policies�for park reservatious_ Please read this�over and if you have an� questions, please see me and I will attempt to answer �hem. Thank you. m a .« .,, CITY OF MEND4TA HETGSTS DAROTA COUN7.'Y, MINNESOTA RES4LIIT=4N N4. 92- �Z• A RESOI,IITION RST,ABLISHING RULES AND RENTAL FEES FQR ,IISE O�' � CITY P�I2RS AND PROPTR�.`3C' WHBREAS, the City of Men.dota Heights ha.s a need to establi.sh a rules and rental fees schedule far use of City parks and facilities. y.� NOW THERE�;FORFs SE 2T SER�BY RESOLVBD by the City� Council of the City of Mendota Heights tha.t the following policy of the C3ty as set forth below shall be adapted: I. PAR.R RENTAI�S A. The fee to reserve space in the picnic areas, ar picnic shelters of city parks shall be: Resident - Private Non-Resident - Private Resident - Corporate/business Non-Resident - Corporate/business no charge $25.00 far groups of 50 or larger $50.00 per day $50,00 per day $100.00 per ciay Anyone can�reserve a park. Friend].y Marsh Park may not be reserved and is opera.ted on a first-come, first-served basi's . Written reques�s.shall be submitted for park reservations and shall contain the following information: 1. Name of the park 2. Date 3. Tiune 4. F�vent (such as family picnic, 5. Nwmber of people attending 6. If thare will be beer present If there is beer, the police notified at 452-1366. � soi'�tball game) or available, �t department must be D. Reservations will be tenta�ively. recorded in the reservation book when called in. Applicants will have three working days to subm:it depasits and fees or their reservation may be canceled. E. A cl.a�nage deposit of �100.00 will be required by all groups reserving picnic facilities in the parks, with the exception of nonprafit y�outh service organizations: The deposit-is due when uiaking the-=written reservation. The facility will be inspected immediately� after the event and a m � �. 4w �'"w I • PARR RENx'ALS (continued) provided there are no damages, or clea.n-up costs, �,he deposit will be returned promptly. F. Groups wishing �,o reserve space'or facilities shall abide . by the at�.ached rules and regulatians and a written confirm�.tion of the resezva.tion. sha11 be executed between the spansor and the City setting forth the terms for the use of �he pax�k. The attached rules and regulations are identified as "Sxh.ibit A". G. Mendota Heights schoolsf nonprofit civic organizations and City of Mendota Heights employee arganizations are fee exempt. These groups must, however, pay a damage deposit. x. I. There wiil no� be a gark attendant an duty. The reserving group is responsible for cleaning the reserved area. The refund policy for canceled reserva�ions shall he: Cancellation 14 days i.n advance ��Cancellation 13 �to 0 days in advance ip0o refund 50�s refund Refunds ciue to inclement weather on the day�of the event will no� be considered. There will be no additional charge for rescheduling of events postponed due to �reather. II. 84IIIP�[EN"r RENTALS - A. 'tTaZleyball Nets $ 5.00 per day, `�'�B. Extra picnic tables $ 5.00 each tlimited quantity availabie} A deposit of �10.04 will be requir�d for equipment rentals excluding picnic tables. . III. FIELDISITB RESERVATIONS A. Sof tball f ields : Adult S�andard Fields $25.00 per field for {Mendakota, Civic Center} non-residents Neighborhood park fields Field preparatian B. 5occer � First come, first served $25.00 $35.40 per field for non- residents � a m � III. FIELDISIT`R RESRRVATIONS tcontinued� _ C. Ice Ri.nks $20.Q0 per si�e per hour for non-residents $ 5.40 per rink per hour ' far li.ghts. . D. Basketball Courts � 5.00 per hour to reserve E Volleyball Courts � 5.00 per hour to reserve i1 y F. Tennis Courts - Tennzs courts are available on a firs� come, first served basis for Mendota Heights residents and are not to be reserved. The following community groups ma�r resenre tennis courts with the permission of the Parks and Recreata.on Cammissi.on and the 'City Cou.ncil - Mend-Eagan. Ath3etic Associatian, the Mendota Heights Senior Tennis Association, and all public and priva�e schools in Mendota Heights. G. The fallowing groups are �empted from the above described fees: Mendota.Heights�Parks and Recreatiou DegarGment, Men.d- 8agan A�hl.etic Association, and nonprofi�* organizatians � within Mendota Heights city limits. *Proaf of non-profit status is required. � S. The Parks and Ftecreation Commissiori; with City Coun.cil appraval, reserves the right to waive fees or to lzmit or den� reseivation requests a� their diseretion. - A'DOPTBD by the City Council of �he City of Mendota. Heights this .. 7th �,y o f Juiy , 1992 . CITY CODNCIL CITY QF MSNDOTA HEIGHT'S $ Charles E. Mertensotta/s/ Y Charles E. Mertensatto, Mayor ATTBST: f �"1 " thleen M. Swanson� Ci.ty Clerk ••� .., ERHIBIT RA" RIILLS 1hND REGULATIONS FOR LT5E OF` CITY PARI£S 1. Rental groups will use on.Iy those areas desig�ated far gr4up picnics. Facilities such as the rhorseshoe pit,. vplleyba.l.1 caurts an.d saftball fields w311 be available on a first come, first served basis unless speci.ficaZly rese�red. 2_ Rental graups �rill be responsi.ble for c3.eanup of tra.sh and` debris in t�e az�ea reserved for their activity_ 3. Facilities such as picn.i.c tab3.es, benches and ather park faci.l3.ties will remain in fiheir present locations _ The moving of any facilities will require perrni.ssion. •• 4. A rental group will be responsi.ble for controlli.ng all me.uibers af said group. Any v�.olations to Ci.t�r ordinances will result in.�ediate cancellation of the rental group contract and the group will be removed from City property_ 5. All motor vehicles wili be parked i.n designa.ted parking areas unless grio�`arrangements have been made. If an. event is being catered, a group leader must make arrc�n.gements in advance with a member of the pa�rk staff for specific ;��tructions on entering the park, parking, etc_ 6. Only groups consisting of 204 people or less will be consi.dered far rental of designated areas. �.: • 7_ Gambling, e�ccessive use of alcoholi� beverages, or abusive, boisterous, profane'or indecent language, or conduct, in any _ public park is prohi.bited. If there is beer, the Police Departmen.t must be notified at 452-1366. _ .4.-.. '• . 8. GLASS BBVFsRAGE CONTAINSRS andjor REG BSFR are prohibited in - City parks. 9. The City of Men.dota Heights park hours a;,re 6:OQ a.m. to 10 p.m. •. = - 1a. Fires are allowed only in.designated receptacles. Fires must be completel� e�ctinguished before leaving the area. 11. The City of Mendota Heights ordina.nces require all dags in the Cit�r to be lea.shed. Thi=s als4 pertains to par3c property. Pet owners are a3.so required to clea.n up any droppings left by their ana.mals _ d � � 0 CITY OF MENDOTA HEIGHTS TREASIIRER'S REPORT, JIII,Y, 1992 DAROTA COUNTY STATL BANK Checking Account 2.00� Savings Account 2.75% C.D. Rep. 2.85% y Collateral - Bonds Gov't. Guar. CHEROREE STATE BANR C.D. due 10/10/92 @ 3 1/2� Saving Cert. 8/24/92 @ 3.7� Collateral - Bonds Gov't. Guar. FNMA 7.30� 12/2/98 FBS Fed. Farm. Cr. 6.7� Notes Due 12-5-96 (FBS) U.S. Treasury 8 5/8°s 5-15-93 Notes (FBS) GNNlA Mtg. Pool 9� (PRU) ` FHL Mtg. Pool S� (PRU) FHL 7 1/2� Mtg Pool @ 98 5/8 (.79 factor) 575,000 (PRU) U. � ..�.-Treasury Money Mkt Gov't. Securities Fund FBS Bk Acc. 3.9� due 9-4-92 TOTAL FIINDS AVAILABLE: Funds Available 12/31/91 7/31/91 BALANCE $ 81,385.07 $ 549.49 130,000.00 $ 211,934.56 $ 500,000.00 $ 100,000.00 $ 350,000.00 S 13,952.59 $ 363,952.59 $ 500,000.00 $ 100,000.00 COLLATER AT• $600,000.00 $ 600,000.00 Value 7-30-92 (est.) 499,695.50 $ 515,000.00 500,008.00 $ 503,500.00 498,671.88 $ 520,000.00 236,877.58 $ 250,000.00 313,706.51 $ 316,000.00 $ 405,299.56 $ 410,000.00 $ 784,705.21 $1,436,000.00 $i,aoo,000.00 $2,soo,000.00 $ 990,141.67 $ 996,000.00 $5,814,993.06 $7,013,620.57 $4,480,241.00 Rates Money Market Jul 31 Bank 2.85% Fid 3.750 Escrow Funds (American National Bank) 7-31-92 City Hall Buildings Railroad Crossing TOTAL LES:kkb $ 15,816.68 �173,883.93 $189,133.12 0 � CITY OF MENDOTA HEIGHTS MEMO August 13, 1992 T0: Mayor, City CQuncil and City Administrator FROM: Paul R. Berg, Code Enforcement Officer V'R U. C�G, SUBJECT: Remodeling Project at 2020 Dodd Road - McDonald's DISCIISSION McDonald's has hired TCM Construction, Inc. to perform some exterior and interior remodeling at their store located at 2020 Dodd Road (see attached scope of project list). As Council is aware, due to the "B" Zoning of the McDonald's property, the exterior work is required by the Zoning Ordinance to be approved by City Council prior to staff issuing the requested permit. Council should be aware that staff has issued a permit for the interior work. RECOI�II�iENDATION � I recommend that City Council grant approval of the proposed exterior facade work. ACTION RL4IIIRED , .�.-. � If Council wishes to implement my recommendation to approve " the requested permit, Council should pass a motion of approval. � G '-a.'�iendota Heights McDonalds e ��temodeling Project Match the following numbered items with the footprint of store attached. 1) Remove all existing shake siding from entire building. Remove all corbals from soffit. Reinstall T1-11 siding with 1X trim. Paint siding and trim. 2) Change rear entrance door into an exit only door. Replace pull panel with flush door panel. 3) Remove all existing childrens dining seating and patch floor to match existing. Replace all Vinyl Wall Covering. Install wood frames with glass onto top of existing knee walls. Remove apple tree decoration. 4) Cut down serving line end wall to allow servers to look over into the side dining area. Eliminate the fry bagging station. Cut down hood over fry station only. Relocate ice cream machine to new end of serving counter. 5) Cut down serving counter and top. Install new 6-0 walls for ice cream machine. 6) Remove all existing light beams. Replace with new and space at 15-0 on center. 7) Paint all existing shingles. 8) Install new metal halide soffit lights. 9) Install metal air vents to soffit. 10) Install a new 1X trim board to inside fascia/soffit edge. 11) Cut out section of raised curb at handicapped ramp and replace . with�`7.ower section of concrete. p 12) Remove planter and reinstall new concrete for sidewalk. 13) Remove existing door pull panel and replace with handicapped style pull. � 14) Womens restroom. Remove existing grab bars and install new per ADA code. Insulate pipes under lav sink. Install one set of lever style faucet hardware. Remove existing mirror and replace with one per ADA code. 15) Mens restroom. Remove stall door and divider wall. Install new toilet partition with 3-0 door. Patch finishes as necessary. Insulate pipes under lav sink. Install one set of lever style faucet hardware. Remove existing mirror and replace with one per ADA code. Install new grab bars per ADA code. � CITY OF MENDOTA HEIGHTS ME1�Z0 August 13, 1992 TO: Mayor, City Council and City A r FROM: 7ames E. Danielson Public Works D' SUBJECT: Public Works Garage Architects Agreement DISCUSSION• Attached is a copy of the Architect's Agreement for Council review and approval. Per Council's request, this agreement has been prepared so that there are two phases of work, phase I being desiga development and Phase II being preparation of construction drawings. The architect has divided his fee to include a"not to exceed" figure of $8,500 for the design phase and a$13,500 fee for the construction drawing preparation. RECOP�IlVIENDATION• The attached Station 19 agreement has been prepared using the Standard Form of Agreement between Owner and Architect with the appropriate language inserted making it a two phase operation allowing the City to terminate the agreement after Phase I should the need arise. I recommend that it be approved. � ACTION REQUIRED• -.�.- If Council desires to implement the recommendation they should pass a motion approving the agreement and authorizing the Mayor to sign it. r � `T R E A M E R I C A N i N S T I T U T E 0 F A R C H I T E C T S AIA Document BX 41 Standard Fc��m of Agreement Between C?wner and Architect 198? EDtTION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENG'ES; CONSULTATION WITH .AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. ��-T��IT►T����i made as o�the Twelvth �y o� August Nineteen Hundred and Ninety-2wo BETWEEN the Owner; City of Mendota Heights (tvame and aactras) 11.01 Victoria Curve Mendota Hei.ghts, MN 5521$ and the Arch�tect: (Name anrt addressj -- �: - Statian 19 Architects, Ircc. 2001 University Ave. SE Minneapolis, MN 55414 in the year of For the following Project: (!nc!'ude detailed rlescriptton ojPr+ojert, tQcarion, address and scope.j "The project will be to canstruct a mairrtenance garage facility e�cpansion ai approximatety 4t000 square feet to the ..existing Public Works 8uitding. The project wi0 include a public worlts area and impound storage space. lt will '• � aiso lnciucte �ire sfxinktering of the eaasting buitding and some possible rr�inor remodeling of the hathroom areas to achieve campl�ance with the ADA standards. There wi!! be some parking tat improvemec�ts and passible removailrepiacemeM af the existing underground fuel tanks. The project budget is �400,000 including all construction casts and fees. 'i'fze architect wiii �xovide att architectural, sttucturai, mecEianicai and etectncai engineering services necessa�r far design and constnaction docume�rts. The city wiQ provide enri! enginee�ing and landscape designs for #tte pra�ect. The arahitect will coordinate this informaYbn with the design and cons#ruction documents. 'Che city wiil be responsibte for alf bidding and negotiations and administration af the constructian pfiase of the project. The architect wil! provide any serv�Ces during these phases at their standa�d haurly rates. The Owner and Architect agree as set forth below. Capyright 1917, 3926, 3948, 1951,1953,1958, i962, i963, 2966,1967, 29�0,1974,1977, 01987 byThtAmerican Instituce of Archicects, 1735 New York Avenue, N.W., Washingcon, D.C. 20006. Reproducuan af che macerial herein or subs[ancial quatacion af its pravisions withaut wricc�n pecmission of the AIA violata che copyright Iaws of the t7nited Statcs aad wiit be subject to legal prasecution. A!A OOCIlfttEt^�T $141 • OWNER-?.RCHITECT AGREfi:VtENT • FOURTE£iiTii EDtTiON • AtAa •�1987 � THF. A��:ERICAN I�VSTITLrTE OF ARCHITECT5, 1735 NEW YORK AVENUE, N.W., VGA5HINGTON, D.C.2000C .9y �i-i �:37 '� C� I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHiTECT ARTICL.E 1 ARCHITECT'S RESPONSIBt�.lTiES 1.1 ARCHIi'ECT'S SERVICES 1.1.1 ihe Archicect's services consist of those services per- formed by chc Archi[ect, Architcct's employees and Architecc's consultants as enumerateci in Artictes 2 a�d 3 of this Agrecment and any other services inciuded in Ar[icie 12. t.t.2 T"he Architecs's seivices siiail be performed as e�cpedi- tiously as is consistent with professianal skill and care and rhe arderly progress of the Work. Upon request of chc Owner, che A.rchicect shalt submit for the Owner's apgrovai a schedute for the perfarmance of che Arr.hicect's servic�s which may bc adjusced as the Project procceds, and shall include allowances far periods of time required for rhe Owner's review and for approval of submissions by authorities having jurisdiction over the Pro}ect. Time limits esrablished by this schedule approved by the Qwner siYaiI aot, except for reasanabte cause, be exc�ed by che Architect or Owner. 1.1.3 The services covered by this Agreemcnt are subject ta the cime limicadons concained in Subparagraph 11.5.1. ARTICLE 2 S{X}PE Cy� ARCHITECT'S BASiG SERVtCES 2.1 OEFlNITION 2.1.i The Architect's Basic Scrvices consist of chose descnibed in Paragraphs 2.2 through 2.6 and any other services identified in Articl� 22 as part of Basic Services, and include normal stzuc- tural, mcchanical and electrica! engineering services. 2.2 SCHEMATtC DEStGN PFlASE 2.2.1 The Architecc shall review the progrun furnished by the Owner to ascert�in the requiremen�s of the Froject and shaIt arrive at a mutual understanding of such requirements with the • • Owner:'`"�. -- 2.2.2 The Architect shali provide a preliminary evaluaaoa of the Owner's program, schedWe and consuuction budget requirements, earh in terms af che other, subject to the limira- cians set forrh in Subparagraph 5.2.1. ' 2.2,3 The Architect shall review wirh the 4wner atcemative approaches to design and constructian of the Project. � 2.2.4 Based on the mutualty agreed•npon program, scheduk and construccion budget requiremencs, thc Architecc shall pcepare, far approval by the dwnec, Schematic DesIgn Dacu- ments cansisting of drawings and ozhcr dacumcnts itIuscrating the scale and reladonship of Project camponents. 2.2.5 The Architect shail subnnit ta the Owner a prelicninary estimate af Construction Cost based on current area, volume or other unit coscs. 2.3 D�SIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Desigci Documencs and sc►y adjusunents authorized by che Owner in che program, .. . , schcdule ar rnnstruction budget, the Archicect shall prepare, for approvat by the Owner, Design Development Documents rnnsiscirfg of drawings and other documents to fvc and desaibc che size and characcer oF che Projecc as to azchiceccural, suuc- turat, mechanica! and clectrical systems, materials and such other etemenu as may be agprapriate. 2.3.2 The Archicecc shall advise the Owner of any adjusunents co r.he prei's.minary estimatc of Consuvction Cast. 2.4 CONSTRUCTiON DOCtlMENiS PHASE 2.4.i Based on thc approved Design Development Docu- ments and any f�.uther adjusunezits in the scape or quality of the Project or in the mnstruction budget authorized by the Owner, the Architecc shall prepare, for approval by the Owner, Consuuction Docunnents cansisting of Drawings and Specifica- cions setting forth in detail che requiremencs for the construc- tion of the Project. 2.4. ' c� shall assisc rhe Owner in ch on of the necessary bidding c g fac7i�s, rhe Condi- rions of che Co e form ent betwecn the Contractor. 2.4.3 'i'he Architect shali advise the Owncr of any adjusrments co previous preliminary cstimates of Consuuccion Gasc indi- raced by changes in requiremencs or generai mazkec mnditions. 4 The Architect shall assist the Owncr in cannection � Owner's respansibility for filing do+cuments required approval af govemmental aurhorities having jurisdiC �he Project. � 2.5 B1DqING OR NEGOTIATION PHASE 2.5.1 The chitect, foi2owing the {}wner's a roval of the Constructian ents and of the latest prel' inary estimate of Gonsuuction asc, shall assist the Owne obcaining bids or negotiated pro sals and assist in aw ' g and preparing contracu for cons don. 2.6 OF THE CONSTRCI�T1C1pf CONTRACT 2.6.1 The Architect's respa ility to provide Basic Services for che Constructian Phase d this Agreement commences with the award af the Co ract r Construction and terrni- nates ac che earlier of c issuance the Owner of the finai Certificate for Payme ' or 60 days a ec the date of Subsran- tiai Comptetion of e Wark. 2.6.2 The Archi ct shall provide a tion of the Con� cract far Const ctioa as set forth below an in the edition oi AIA L7ocume A201, General Condidons o e Contraa fo� Constnscti , curre�t as of the tlate of thu A ent, nnies? othercv" rovided in this Agreement. 2.6.3 ucies, responsibilities and limitations of auth 'ty af th Ar ' ecc shail noc be rescricced, modified or extended 'thou w' ten agreemenc af rhe Owner and Architect wich m nt o e. Conuactar, which consent shall noc be unreaso 1 Alll DOCUMENT 8141 * QWNER-ARCHtTECT AGRE£MENT • FOtiKTEF.N'f'Fi E17ITION + AI.4� • fli981 r, ,� TFlE AMERICAN IN5TlT(1TE O� ARCHJTECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 ���r+ �, � � 6.4 The Architecc shall be a represenradve of and shall advise an consulc with the Owner (1) during rnnscruction uncil final pa ent to the Contractor is due, and (2) as �n Addidonal Ser- vice a e Owner's direction from cime to cime during the cor- recdon riod described in the Contract for Conscruction. The Architect all have authority to act on behalf of the Owner oniy to che enc provided in this Agreement unless ocherwise modified by 'tten instrumrnc. 2.6.5 The Archi shall visit the site at intervals appropriate to the stagc of co trucdon or as otherwise agreed by the Owner and Architec ' writing to become generally familiar wich che progress and uality of the Work completed and to decermine in general if th Work is being performed in a man- ner indicating that the Wor when completed wiii be in accor- dance with the Contract ments. However, the Architect shall noc be required to make e austive or continuous on-site inspections to check the qualiry quandty' of che Work. On the basis of on-site obser.vadons as archicect, the Archicecc shall keep the Owner informed of th progmss and quality of the Work, and shall endeavor to d the Owner against defects and deficiencies in the Work. ore extensive site representation may be agreed to as an A 7ional Seruice, as described in Paragraph 3.2.) . 2.6.6 The Archicect shall not have control over r charge of and shall not be responsible for construction m me[hods, techniques, sequences or procedures, or for safety pr udons and programs in connection with the Work, since th are solely the Contractor's responsibility under the Contra foc ' Consuuction. The Archicect shall noc be responsible for e Contractor's schedules or failure to rury out the Work in acm dance wich the Contract Documencs. The Archicecc shall noc have control over or charge of acu or omissions of the Contrac- "' tor, Subcontrac[ors, or their agents or employees, or of any ocher persons perform�ng pordons of the Work. 2.6.T The Architect shall at all times have access to the ork wherever it is in preparadon or progress. 2.6.8 Except as may otherwise be provided in th Contract Documents or when direct communicadons ha been spe- aally authorized, the Owner and Contractor s ommunicate chrough the Archi[ecc. Communicadons by an wich the Archi- tect's coc�,�ltants shall be through the Arch' ect. 2.6.9 Based on the Architect's observa ' ns and evaluadons of the Contractor's Applications for Pa ent, the Architect shall review and cenify the amounts due e Contractor. 2.6.10 The Archicect's certifica ' n for payment shall consti- tute a representation co the O ner, based on the Architect's observadons at the site as p 'ded in Subparagraph 2.6.5 and on the data comprising ch Contractor's Application for Pay- ment, chat the Work has rogressed to the point indicated and thac, to the best of che chicect's knowledge, informadon and belief, qualiry of the ork is in accordance with the Contract Documents. The f egoing representaaons are subject to an evaluaaon of ch Work for conformance wich the Concract Documents u n Substantial Compleaon, to results of subse- quent tests inspecdons, to minor deviations from the Con- tract Docu encs correctable prior to completion and to spe- dfic quai' cadons expressed by the Architecc. The issuance of a Certifi e for Payment shall funher consdtute a representadon chac e Concractor is endtled [o payment in che amount certi- fie . However, the Lssuance of a Certificate for Payment shall [ be a representadon that the Archicecc has (1) made exhaus- 've or condnuous on-site insneccIons to check the qualiry or 3 B141-1987 quandty of the Work, (2) reviewed conscrucdon means, me ods, techniques, sequences or procedures, (3) reviewed co es of requisidons received from Subcontractors and mate ' sup- pliers and ocher data requesced by the Owner to sub tiate che Concractor's right to payment or (4) ascenained h or for whac purpose the Contraccor has used money pre usly paid on acrnunt of the Contract Sum. 2.6.11 The Architect shall have authority to r Work which does not conform to the Contrac[ Docum cs. Whenever the Architect mnsiders it necessary or advis le for implementa- tion of the intent of the Contract Do nts, the Architect will have authoriry to require addiaonal ' ction or testing of che Work in accordance with the prov' ' ns of the Contract Docu- ments, whether or not such W is fabricated, ins[alled or completed. However, neither th' authority of the Architect nor a decision made in good faith ither to exercise or noc to exer- cise such authority shall giv rise co a ducy or responsibility of the Architect to the Con ctor, Subcontractors, material and equipment suppliers, u agents or employees or other per- sons performing port' ns of che Work. 2.6.12 The Archi ct shall review and approve or take other appropriate acd upon Contractor's submictals such as Shop Drawings, Pro ct Data and Samples, but oniy for the limited purpose of ecking for conformance wich informadon given and the d gn concept expressed in the Contract Documents. The Arc itect's acdon shall be taken with such reasonable promp ess as to cause no delay in che Work or in che con- stru on of the Owner or of separace concractors, while allow- in uffiaent time in the Architect's professional judgment to muc adequate review. Review of such submittals is noc con- ucted for the purpose .of determining the accuracy and com- pleteness of other decails such as dimensions and quandties or for subscantiating instrucdons for installadon or performance of uipment or systems designed by che Concractor, all of which r ' che responsibility of the Concraccor to the e�nent req ed by the Contract Documencs. The Architecc's review shall n t mnstitute approval of safety precaudons or, uNess otherwis specifically stated by [he Architect, of construction means, m ods, techniques, sequences or procedures. The Architect's proval of •a specific item shall not indicate approval of assembly of which the item is a componenc. When professio cenificadon of performance characteristics of materials, syst or equipment is required�by the Contrac[ Doc.umenu, the Arc 'tect shall be encitled to rely upon such cercification [o estab ' that che macerials, systems or equip- ment will meet the perf ance cri[eria required by the Con- tract Documents. 2.6.13 The Architect shall p are Change Orders and Con- strucdon Change Direcdves, w supponing documentadon and data if deemed necessary by e Architect as provided �r Subparagraphs 3.1.1 and 3•3•3, for e Owner's approval and execudon in accordance with che C tract Documenrs, and may authorize minor changes in the rk not involving an adjustment in the Contract Sum or an exte ion of the Contract Time which are not inconsistenc wich che inc t of the Contracc Documenu. 2.6.14 The Architect shall conduct inspecdons determine the date or dates of Substantial Completion and the te of final completion, shall receive and forward to the Owne for the Owner's review and records written warrandes and lated documents' required by the Contract Documents and em- bled by the Con[ractor, and shall issue a final Certifica[e for ment upon compliance with the requirements of the Contra Documenu. AIA DOCUMENT 8141 • OWNER-ARCHII'ECT AGREEMENT • FOURTEENTH EDITION • AIAo • �1987 -_ TIiE AMER:C.1V 1N51'ITUT� OF ARCHITEC'I'S, 1735 NEW YORK AVENUE, N.W., WASHSNGTON. D.C. 2U006 '� a � .6.15 The Axchitect shall interpret and decide maccers co c ing performance af the Owner and Contractor uczder e req 'remencs af rhe Concract Dacumencs on wricten req t of eIthe he Owner or Contractor. The Architect's res nse to such re ests shall be made wich reasonabie prozn ess and withirt att time timics agreed upon. 2.6.i6 Inc tacions and decisions of chc 'tecc shai! be cansistcnt with e intent of and reasonably ' erabie fram the Contract Docume and shall be in wrid or in che form of drawings. When m' g such interpre ans and inicial deci- sions, the Architect s endeavor secure faithfuT perfor- mance bp both Owner Contrac r, shall noc show paztiality to either, and shaii not be ble f resuIrs of interpretations or decisions so rendered in goo 'ch. yy 2.6.iT The Archicect's de ' o n matters relating co aesthe- tic effect sha11 be final if c istent ith the intent express�d in the Contract Documen . 2.6.i8 The Archit shall render writ decisions withir► a reasonable time o all claims, disputes or o er mattcrs in ques- tian between Owner and Cantractor r'ng to the execu- tion or pro of che Work as provided rhe Contracc 2.6.19 e Architecc's decisians on daims, disput or orher macte , including those in question betwcen the O r and Co ctor, �ccept for those rctating to aesthetic effect ro- v' ed in Subparagraph 2.6.17, shall be subject to arbitrado rovided in chis Agreemenc and in the Contracc Documenrs. ARTtCLE 3 ADOITIONAL SERVICES 3.1 GENERAL 3,i.1 The serviccs described in this Artide 3 are not inciuded in Basic Services uniess so idencified in Anicle 12, and they shaIt be, paid for by the Owner as provided in this Agreement, in addicion to che compensatian far Basic Services. Tt7e services described undec Paragraphs 3.2 and 3.4 shall only be provided if auchorized or confirmed in writing by the Owner. If services de.scribed under Concingent Additional Services in Paragraph 3.3 are,re�u ired due to circumstances beyond che Architect's concrol, the� -Architect shall noufy the Owner priar to com- mencing such secvices. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shat! give prompt writcen natice ta the Architcct. If the Qwner indicate,s in wridng that ali or parc af such Contingent Addi- tional Services are noc required, the Archicect shall have no abli- gation to pravide those services. 3.2 PROJECT REPRESEN7ATION BEYOND BASIC SERVtCES 3.2.1 If more extensive represencation at the site than Ls described in Subpara�raph 2.6.5 i� required, the Architect shall pcovide ane or more Project Representatives to assist in carry- ing out such additional an-site responsibilides. 3.2.2 Praject Representatives shail be selected, emptoyed and directed by the Architect, and che Archicect shall be compen- sated therefar as agreed by the Owner and Architect. The duties, responsibilities and limitadons of authority of Project Representadves shall be as described in the edition of AIA Document B352 current as of thc dace of this Agreement, untess otherwise agreed. 3.2.3 Thraugh the observadons by such Projecc R�pc�scn;- tasives, the Archit�ct shal3 cndeavor to provide fuisher protec- tion for the Owner against defects and dcHdeacies in the Work, but the furnishing of such projecc representation shall nqt modify che righrs, responsibilities orobligatians of the.A.cchicect as described elsewhere in this Agreement. 3.3 COt�lTtNGENT AOOITI4NAl SERViCES 3.3.1 Making revisions in Dra.wings, Specificadons or ocher documrnts when sach revisions are: ' .i inconsistenc wirh approvals or insuuctions previously given by the Owner, inciuding revisions mafle neces- sary by adjuscmencs in che Owner's program or Pmj- ect budget; .2 required by the enacrment or revisian of codes, laws or regulations subsequcnt to the preparadon of such documents; ar .3 due to changes required as a resulc of the Owner's f-ail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project inctuding, but not Iimited ta, size, qual- ity, camplexity, che Owner's sch�dule, or the mechod of bid- ding ar negotiating and contracring for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Sgecifications and ather dacumen- tation and supparcing data, evaivating Cantractor's proposa2s, and providing other services in connection wich Change Orders and Consuuction Change Direccives. 3.3.4 Providing services in connecdon with evaluating subsci- tutions proposed by the Cancractor and making subsequent revisians ta I7rawengs, Specificaaans and ather dacumentation resulting cherefrom. 3.3.5 Praviding consuitation conceming replacemenc of Wark damaged by fire or other cause during construction, and �fur- nishing services required irt connection with the repiacement of such Work. 3.3,6 Providing services made necessary by the defaalt af the Cantractoc, by majpr defects or deficiencies in the Work of the Contractor, or by failure of perforrnance of either the Owner or Contraccor under the Contract for Canstnzcuon. 3.3.7 Providing services in tvaluating an extensIve number of claims submitted by the Cantractar ar others in cannectian witia the Vt/ark. 3.3.$ Providing services in connecdon with a public he�ring, arbitration proceeding or Iegal proceeding except where the Architect is party theceto. 3.3.9 Preparsng dacumencs for atternate, separate or sequeatial bids or providing services in connecdon with bidding, aegocia- dan or mnsuuccion prior ta che campletian of the Construc- tion Dacumenu Phase. 3.4 OPTiONAl. ADDITIONAl. SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements af the Prajecc. 3.4.2 Proviciing financial feasibility or other special scudies. 3.4.3 Providing ptar►ning surveys, site evatuatians ar com- paracive scudies of prospective sites. AtA OQCUMENT 8tA1 • n�t'iVER-ARCHITECT AGREEMENT • F4URTEEN7'fi EDI"TION • AIA� •�i1987 _ � . �... , � -;S NE'Cf/ YORK AVENUE. N.W., WASHINGTON. O C. ?00(?c� R1 ^. ' .� Q..^. "" • ` � � 3.4.4 Providing special surveys, environmental scudics and submissions required for approvals of govemmental authoriaes or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilides, systems and equipmrnt. 3.4.6 Providing services to invesdgate exisring mndidons or facilities or to make measured drawings thereof. 3.4.T Providing services to verify the accuracy of drawings or other informadon fumished by the Owner. 3.4.8 Providing coordinadon of mnsuuccion performed by separate contrac[ors or by the Owner's own forces and coordi- nation of services required in connecdon wi� conscrucdon performed and equipment supplied by the Owner. 3.4.9 Providing services in connecdon with the work of a con- suuction manager or separate consultants recained by the Owner. 3.4.10 Providing decailed estimates of Construccion Cost. 3.4.11 Providing decailed quantity surveys or inventories of material, equipmenc and labor. 3.4.12 Providing analyses of owning and operacing cosu. 3.4.13 Providing intedor design and other similar services required for or in connection with the selection, procurement or installation of fumicure, fumishings and related equipmenc. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventorics of macerfals or equip- ment, or valuations and detaled appraisals of existing Faa7ities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked-up prints, drawfngs and other data fumished by the Concraccor to the Archicect. 3.4•17 Providing assiscance in the utiliradon of equipment or systems such as testing, adjusting and balancing, preparadon of operadon and maintenance manuals, training personnel for operadon and maintenance, and consultaaon during operadon. 3.4.18 Providing services aher issuance to the Owner of the final Csrt�Fcate for Payment, or in the absence of a final Cer- tifirate for Payment, more than 60 days after the date of Sub- stantial Completion of che Work. 3.4.19 Providing services of consultancs for ocher than archi- tectural, structural, •mechaniral and electrical rngineering por- cions of che Project provided as a parc of Basic Services. 3.4.20 Providing any other services noc otherwise included in this Agreement or not customarily fumished in accordance with generally accepted architectural pracdce. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.i The Owner shall provide full inform�don regarding requirements for the Project, including a program which shall set forch the Owner's objectives, schedule, constraincs and cri- teria, including space requiremencs and relatIonships,' flexi- bility, expandability, special equipmenc, syscems and sice requiremenu. 4.2 The Owner shall establish and update an overall budgec for the Project, induding the Construccion Cosc, che Owner's ocher cosu and reasonable mntIngencies relaced to all of chese mscs. 4.3 If requested by the Architect, the Owner shall fumish evI- dence that 6nancial arranganents have been made to fulfill the Owner's obllgacions under this Agreement. 4.4 The Owner shall designate a representative authorized to act on [he Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. . 4.5 The Owner shall fumish surveys describing physical characterisrics, legal limitaaons and uciliry locations for the site of the Project, and a written legal description of the sice. The surveys and legal information shall indude, as applicable, grades and lines of sueecs, alleys, pavemrnts and adjoining properry and structures; adjacrnt drainage; rights-of-way, restdctions, easements, encroachments, zoning, deed restric- dons, boundaries and concours of the site; locations, dimen- sions and necessary daca penaining co exiscing buildings, ocher improvements and trees; and informadon conceming available utility services and lines, both public and private, above and below gcade, induding inverts and depths. All the informadon on the survey shall be referenced to a projecc benchmark. 4.6 Thc Owner shall furnish the services of geotechnical engi- ., neers when such services are requested by the Architect. Such '" services may indude but are noc limiced to tesc borings, tesc pits, determinadons of soil bearing vatues, percoladon tests, evaluations of ha7ardous materials, ground conosion and resis- riviry tesu, including necessary operadons for anticipating sub- soil condiaons, with reports and appropriate professional recommrndauons. 4.6.1 The Owner shall fumish the services of other mnsul- tanu when such services are reasonably required by the scope of the Project and ue requested by the Architect. 4.7 The Owner shall fumish structural, mechaniral, chemical, air and wacer polludon tescs, tesu for hazardous macerials, and ocher labocatory and environmental tests, inspeccions and reports required by law or the Contract Documents. 4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify thc Contractor's Applicadons for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. � 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be fumishcd at the Owner's • expense, and the Architect shall be endtled to rely upon the accuracy and rnmpleteness thereof. 4.10 Prompt written nodce shall be given by the Owner to the Architecc if the Owner becomes aware of any faulc or defect in che Projecc or nonconformance wich the Concract Documenu. 4.11 The proposed language of cenifirates or certifications requested of the Architect or Archicecc's consultants shall be submitted to the Architect for review and approval ac least 14 days prior to execudon. The Owner shall noc requesc certifica- •tions chac would require knowledge or servIces beyond the scope of this Agreement. � � AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMEN'C • FOURTEENTH EDITION � AIAm •�O1987 , S S'i ��-� 9S% THE AMERICAN [NS'C1TU1'E OF ARCHITECI'S, 1735 NEW YORK AVENUE, N.W., WASHL�IGTON, D.C. 20(MAS � ARTICLE S CONSTRUCTiON CCiST 5,1 DEFlNIiiON 8.1.1 The Canstruction Cost shall be the total cost or esd- maced cost to the Owner af all etemcncs of the Pra3ect designed or specified by the Architect. 5.1.2 The Consuuction Cost shall include che cast at currenc rnukec rat�s of tabar and mat�ziais fumishcd by the Owner and equipment desIgned, specifi�d, selected or spccially provxded far by the Archztecc, pius a reasonabic aliowance for che Con- traccor's overhead and profit. In addition, a reasanable aUow- ance for concingencies shall be included for r�suket conditions ac che time of bidding artd for chactges in the Work during construction. S. !.3 Consuuctian Cosc does noc incIude che compensztion of che Archicecc and Architecc's consulcancs, che cosrs of ct►e 1and, righcs-of•way, financing or other costs which are the resgon- sibiiicy of tl�e•Owner as provided in ArticTe 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.f EvaIuations of the Owner's Projecc budgec, pretiminary escimates of Consuuctian Cost and derailed estimates of Con- suuction Cost, if any, Prepared by the Architect, represent thc ArcIutect"s best judgmenc as a design professional familiar wich the consuvcaon industry. It is recognized, however, that nei- rher the Arrhitect nar ihe Owner has concroi aver the cost af labor, materials or equ%pment, over the Contractor's methods of detern�ining bid prices, or ova mmpetitive bidding, markec ar negotaating conditions. Accordingty, the Architcct c�nnot and does noc wsurrant ar represenc that bids ar negotiaced prices will noc vary from the Owner's Project budget or from any estimace of Constructian Cost ar evaluation pcepared or agreed to by the Architect. 5.2.2 Na fixed Iimit of Canstruccion Cosc sh�aIl be escab2ished as a condidon oE this Agreement by the fumishing, proposal or establi�hment af a Project budget, unless such fuccci limit has been agrecd upan in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted ta include concingencies %r destgn, bidding and price esc�tacion, to decermine whac materials, equipment, cam- panedi �ems and cypes of cansuuction are co be induded in the Contracc Lbcuments, to rnake reasonable adjusunents in the scope of the Project and ta include in the Contract Dcicv- menrs attemace bids co adjust rhe Consuuccion Cosc to che fi�ced limit. Fixed Iimits, if any, shalt be incrcased in the amount of an increase in the Contract Sum accurri,ng afcer execution of the Cancract for Constructiott. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect ssabmits the {:otzstruction Documents to the Owx�u, ar►y Praject budget or fixcd iimait of Cansuuction Cost shali be adjusted to reIIect changes in the generai levei af prices in the consuvction industry betwecn ttie date of submIssion of the ConstructIon Documents to the Owner and the'date on which proposals are sought. 5.2,4 If a fuced limit of Canstsuctian Cost {adjusted as pra- vided in Subparagraph 5.2.3) is exceeded by the lawest bona fide bid or negatiated pragosal, the Owner shatt: .1 give written approval of an increase in such fixed . limit; . .2 authorize rebidding ar renegociating of che Projecc within a reasonable tIme; .3 if the Projea is abandaned, terminate in accordance with Paragraph 8.3, or .4 caoperate in revising the Projecc scope and quality as required co reduce the Consuuction Cost. 5.2.5 If the Owner chooses to proceed undcr Clause 5.2.4.4, che .Architeccj withouc additional charge, shall ,modify the Con- cract Documents as necessary to compty with the &xed limit, if escablished as a condition of chis Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising ovt of the estabIishment of a fi�ced Iimit. The Architect shaLl be endded ta compensacion in accordance with this Agreement far all services pezformed whether or nat che Consuucdon Phase is commenced. ARTICLE 6 USE OF ARCNtTECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.t The Drawings, Specificatians and other documenu pre- pazed by the Architect for this Project are instnunents of rhe Archicect's service far use solely with respecc to this Project and, unless otherwise pravided, thc Atchitec[ shall be deemed che auchor of chese documents and shall retain all common law, scatutory znd ather reseroed rights, inciutiing the copyright, The Owner shall bc permitted to retain cppies, including repra ducible copies, of the Archicect's Drawings, Specifications and other documents far information and reference in connectioa with the Owner's use and occupancy of the Pmject. The Archi- tecc"s Drawings, Specifications or other clocnments shalt not be uscd by the Owner or athers on ather projects, for additions ta this Project ar for completion of this Projecc by ochers, unless ttte Architect is adjudged to bc in defauIt tuider this A$reement, except by agreement in writing and wi`th apprapriate campen- sation to the Architect. 8.2 5ubmission or distribution of documents to meet official regulacory requiremencs or for similar purposes in connecdon with the Project is not to be canstrued as public�aon in deraga- [ion af the Architect's reserved righcs. ART[CI.E 7 AR8ITRATION 7.1 Glaims, disputes or other matters in questian betwern the panies co chis Agreemenc arising auc of or relacing co this Agree- ment ar breach thereof sha2l be subject to and decided by arbi- craaon in accordance with the Coms[ruction Induscry Arbitra- uon Rules of the Arnerican Arbitration Associatian currcntiy in effect uniess the parties mutually agree atherwise. 7.2 Demand for azbitration shall be filed in writing with the ather parcy to this Agreement and with the American Arbitra- don Association. A demand for arbicradon shall bc made withici a rcasonable time after thc claim, dispute ar otha �rriatter in question has arisen. In no event shall the demand for arbitradon be made after che date when instituuon of legal or equitable proCcedings based On SUCh cL�im, dispute or other matter in question would be kramed by the applicable statutes of limitat�ons. T.3 No arbitration arising out of or retating ta this Agreement shatl include, by consolidation, Joinder or in any other manner, an addidonat person or enticy not a party co this Agrecmenc, AtA DOCUM�NT Bi41 • OWNER•ARCHI7'ECT AGREEMENT • aC+t?RTE°.NTH F.L'1!7?ON + A-' •• �19A7 TfiE AMERICAN INS'CITUT'E OF ARCHCI"ECTS� 1735 NEW YOF :� ' . . �i � except by wdtten consenc containing a specific reference to [his Agreement signed by the Owner, Archicect, and any other person or entity sought ta be jained. Consenc to arbitraaon invalving an additional pecson or entity shall not consticute consent ta arbitration of any claim, dispute or other matter in question not descFibed in the written consent or with a person oc entity nat named or described therein. The foregoing agree- m�c to arbicrate and other agrerments to arbivatc with an additionat person or entiry duiy consented to by rhe parties to this Agreernenc shall be specificatly rnforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be fu�al, and Judgment may be entezed upon it in accordance witti applicable law in any caun having jurisdicdon ch�reaf. ARTIGLE 8 TERMtNATtON, SUSPEN510N OR ABANDONMENT 8.1 This Agreement may be terminated by eicher party upon not less than seven days' written notice should che ather party fait substantially ta perform in accordance with the ternis of tYus Agreanent tiuough no faulc of the pany iniriaring the tercninatzon. 8.2 If the Project is suspended by the 4wner for more than 30 consecutive days, the Arrhitect shall be compensated for ser- vices performed prior ca notice of such suspension. When the Prajecc is resumed, the Architect's compensation shall be equi- tabty adjusted co provide for expenses incuned in the utterrup- tion and resumpcian of the Architecc's services. 8.3 Tl�is Agrcemcnt may be tcrminated by the Owner upan not less tha�n seven days' writt�n notice to the .Architect in the evenc that the Projecc is pecmanencty abandoned.lf che Project is abandoned by the Qwner for more than 90 consecuave days, the Architecc may terminate chis Agreemenc by giving written notice. 8.4 ''�ailure of the Owner to make payments ta the Architect in accordance with this Agreement shall he considered substantia! nonperfarmance and cause far terrnination. 8.5 if the Owner fails to make payment when due ttre Archi- cect for g¢crv�Ces and eacpenses, the Architect may, ugon seven days' written nodce co che Ownec, suspend perfarmance of ser- vices under chis Agreement. Un2ess gayinent in full is received by the Archiiecc within seven days of the date o� the notice, the suspension shall take effect withaut further notice. In the event of a suspensian af services, the Architecc shall have no liability to the Owner for delay ar damage caused che Owner because qf such suspension of services. 8.6 In the event of terminacion not the fauit of che Aarchitect, che Archicect shall be compensated for s�cvices performed priar to termination, together with Reiznbursable Expenses then due and all Tecmination Expenses as defined in Paragraph 8.7. 8.7 Terminadan Expenses are in addition to eampensation for Basic and Additiona! Services, and include expenses which are directly attributable to terminadon. Terminadon Expenses shall be computed as a percentage of the total compensatian far Bas'rc Services and Additianal Services eamed ta the cime of ter- mination, as follows: .1 Twenty percent of the total compensadon far Basic and Additional Services earned to date if terrninadon accurs before or during th� predesign, site anatysis, or Schematic Design Phases; or .2 Ten percent of the total compei�tsation for Basic and Addidonal Services eamed co date if term3nation occurs during the Design Devetopment Phase; or .3 Five percent of che total compensation for Basic and Addlcianal Services eamed to date if termination occars during any subsequenc phase. • ARTICLE 9 MiSCEi.LANEOUS PRQVIStONS 9.1 Unless otherwise provided, this Agreemenz shall be gav- emed by the law of che prirtcipal piace of business of rhe ArchiCect. 9.2 Terms in this Agreement shall have the same meaning as chose in AIA L7ocument A201, General Canditions of che Con- uaa far Consuuccian, currenc as of the date af tt�is Agreeemmenc. 9.3 Causes of acdon between che parties to chis Agrcrment penaining ta accs or Failures to act shai! be deemed co have accrued and the appiicable statutes of timitacians sha[t rnm- menee to run not later rhan eicher the date of Substantial Cocn- pleuon for acts or failures ta act occurring grior to Substarttial Compledon, or the date of issuance of che final Cenificate for Payment for accs oc failures to act occurring after Substanriai Campleuon. 9.4 The Owner and Architect waive all rights against each other and againsc the contractozs, consultants, agents and ecciployees of the ocher for clamages, buc onty co the excent cow ered by property insurance during consuuccion, except such rights as chey may have to rhe gmceeds of such insurance as sec fonh in che edition af AIA Document A201, General Conditions of che Contracc for Conscruction, current as of rhe dace of this Agreemenr. The Owner and Architect each shall require simitar waivers from their concraccars, consuitants and agents. 9.5 The Owner and Architect, respectivety, bind themselves, their panners, successors, assigns and legal repcesentatives to the other party ca this Agreement and to the partnus, succes- sors, assigns and Iegai representacives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement withouc the writcen con- sent of the other. • 9.6 This Agreement represents the entire and integrated agree- ment between the Qwner and Arrhicect and supersedes atl prior negotiations, c�epresentations ar agreements, either wric- ten or orai. This Agreement may be amended only by written inscrument signed by boch Owner and Acchitece. 9.7 Nothing concained in this Agreernent shall cr�ate a contrac. tual reladonship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 t3riless otherwise provided in this Agreement, the Architecc and Architect's consultants shall have no responsibility for the discavery. presence, handling, removai ar disposai of or expo- sure of persons to hazazdous materials in any form at the.Projecc sice, including buc nat limited co asbescas, asbestos penctucts, polychiorinaced biphenyi {PCB} or other taxic subsances. 9.9 The Architect shall have the right to indude repr�senta- t#ons af the design of zhe ProSect, inctuding phatographs af che excerior and interior, among che Aschitect's promodonal and professionai nnacerials. The Architecc's materials shall noc inctude ctte bwner's confidentiai or propriecary informatian if the Owner has previousty advised the Archicect in writing of � AIA OOCUMENi B1<t • OV7NER-ARCHITECT AGREEMENT • FOUR'i'E8i`iTFi EDITiQN • A1ka • �GS987 » % B� 4�-1987 THE AMERIGAN INSTITUTE C1F ARCN[TECTS, 1�35 NEW YORK AVENUE, N.W., WASHINGT(7N, D.C. 2000G t� � the specific informatian considered by the Owner to be mnfi- dac►tial oc proprietary. The Owner shall pravide professional predit for the Architect an the consuuctian sign and in thc pro- modonal matcrials for the Pcaject. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PER80NNEL IXPENSE 10.1.1 Direct Fersonnel Eacpense is defined as the direct salaries a€ the Architect's personnel engaged an thc Pro;ect and the portion of the cost of cheir mandacory and custamary con- tributions and benefits relaccd thereto, sucit'as employment taxes and other statutory ernpioyee benefics, insurance, sick le�ve, holidays, vacadons, pensions and similar concributions at�d benefits. 10.2 REIMBURSABLE DCPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Addidonal Services and include expenses incarred by the Architccc and Architect's employees and con- sultants in the interesc af the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connecdan with the Project; expenses in connecaan with autharized out-of-town travet; long-distance communicauons; and fees paid for secvr- ing approval of authorities having jurisdicdan over rhe Praject. iQ.2.1.2 Fxpense af reproduccions, paszage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authqrized in advance by the Owner, cxpense of avenime work cequiring higher chan regular ra�es. 10.2.1.4 Eacpense of �de�in�s, modeLs and mtxlc-nps requested by the Owner. 10.2.1.5 Exgense of additional insurance coverage ar lirniu, induding professional liabiiity insurance, requested by the Owner in excess of that normally carried by the Architect and Ai'ChiieCt's cOliSult211tS. 10.2.�6�xpense of computer-aided design and drafting equipment time when used in cannection with the Project. 10.3 PAYMEMTS ON ACCOUNT OF BASIC SERVICES 10,3.1 Ati initial payment as seL forttt in Paragraph 12.1 is thc minimum payment under this Agreemenc. 10.3.2 Subsequent payments far Basic Services shatt be made manthiy and, where applicable, shall be in pcoponian to ser- vices performed within each phase of service, on the basis se[ forth in Subparagraph 11.2.2. 10.3.3 If and to the excent chat the ame initially escabL'shed in Subgacagraph i i S. i o€ thi5 A.greement is eJcteeded or extended thraugh na faulc af the Architecc, compensation for any ser- vices rendered during the additional period of time shall b� computed in ttie manner set farth in Subgaragraph 12.3.2. 1Q,3.4 When compensacion is based on a percentage of Can- stnzction Cose and any porcions of the Projecc are deleted or ocherwise noc consuucced, compensacion for those pardons of the Project shall be payable to the cxtenc scxvices are per- formed on those porcions, in accordance with the scheduie set forth in Subparagraph 11.2.2, �based on (1) the lowest laona fide bid or negotia[ed proposal, or (2) if no such bid or proposal is received, the mosc recent preliminary estimate of Construction Cost or detailed escimate of Cans[ruction Cost for such par- uons af che Pro�ect. 10,4 PAYMENTS ON ACCOUNT OF ADDITIONAL • SERYlCES 10.4.1 Paymenrs on accounc of the Architecc's Addicional Services and for Reimbursable E�enses shall be made monthly upon presencation of the Atchitect's�statement af servzces ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.i No deductions shall be made from che Archicect's com- pensacion an accounc of penaicy, liquidaced damages ar ocher sums withheld from paymenrs ta concractors, or on account of the cos� of changes in the Work other than those for which the Archicecc has been found to be liable. iQ.6 ARCHITECT'S AGCOt1N71NG RECORDS 10,6.1 Records of Reimbursable Expenses and e:cpenses per- taining to Additional Services and services perfarmed on che basis of a multipte af Direct Fersannet Hxpense shall be avall- able to the Owner or che Owner's authorized representaave at mutt�aity conversient times. ART(C�.E 11 BASIS OF COMPENSATiC1N The Owner shall compensate the Architect as follows: 1't.1 AN INITIAL PAYMENT of none Dollars (S shall be made upan execudon of chis A.grecment and credited to the Owner's account at Final payment. 11.2 BASIC GOMPENSATtON � 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services inciuded in Article i 2 as part af Basic Services, Basic Compensation shali be computed as follows: (lnsen basts of compensation, tncludtng stipulated sums, multtples or perrentages, arut ldent jy pl�ases to wbicb parttcular metbods aj compensarion apply. ij necessary.J Hourly Rates Not Ta Exceed: Design $ 8,500 Canstructian Documents $].3,5Q0 Total Fee N.T.E. $22,�00 qtA OOCUMENT 8141 � OWNER-ARCHiTECT AGREEMENT • FOURTEENTH EDtT[4N � A1Aa *�0198? TtIE AMERIGAN INST[TUTE GF ARCHI7f:'.:ra • • . •'�nir:q v,ap ""_ ""�r""^`•• ^ ': � ; -- .T 11.2.2 Whcre compensation is based on a stipulated sum or percencage of Conscruction Cost, progress paymencs for Basic Services in each phase shall totai che following percentages of the total Basic Compcnsation payable: (Insers addtttona! pbases as approprtate.) SChCiIl2tiC DCSigR PhaSC: Design Development Phase: Conscrucdon Documents Phase: Bidding or Negotiadon Phase: Construcdon Phase: y y Total Basic Compensauon: 11.3 COMPENSATION FOR ADDITIONAL SERVICES �ICCfIt ( %� percent( °/a) percent ( %) percent ( %) percent ( %) one hundred percent (100%) 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as dcsaibed in Paragraph 3.2, compensation shall be com- puted as follows: 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, ocher than (1) Additional Project Represenration, as described in Paragraph 3.2, and (2) services included in Article 12 as part oE Basic Services, bu[ excluding services of consultants, compensation shall be computed as fol(ows: (lnsert basfs ojcompensatlon, tndudtng rates and.br multiples oJDfrect Personne! Fxpense jor Prtnclpals a�td employees, and ldentljy Princlpals and t/assfjy employees; ij rnquirnd. ldenttjy spectJtt sernices �o u�bicG pa�ticu[ar metbods oj compensation app[y, !j uecessary.) 1. All additional services shall be approved by the Owner prior to their being provided and the Architect will be compensated on an agreed upon lump sum or on an hourly -' basis with an estimate of fees provided to the Owner by the Architect upon request. ...�.,... 11.3.3 FOR ADDITIONAI. SERVICES OF CONSULTANTS, including additional scructural, mechanical and electriral engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Addidonal Services, a muldple oE One and 15/100's (1.15 ) times the amounts billed to the Architect for such services. (ldenttfy specYjit types oJconsultants tn Arttc[e !2, rf.�urred.� 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items induded in Article 12 as Reimbursable Expenscs, a muldple of One and 15 / 100' s (1.15 ) times che expenses incurred by che Archicect, the Archicect's employees and coc�sultants in rhe interese of che Projecc. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES rnvered by this Agreement have not been completed within Three ( 3 ) monchs of the dace herrnf, through no fault of the Architecc, extension of [he Architect's services beyond that time shall be compensated as provIded in Subparagraphs 10.3.3 and 11.3.2. -••�,, 11.5.2 Payments ue due and payable f i f t e en ( 15 ) days hom the date of the Architect's invoice. Amounts unpaid thirty i 30 )�Ys after the invoice date shall bear interest at the rate entered below, or in the absmce thereof at the legal rate prevailing from time to time at the prinapal place of business of the Archicect. (lnsert�ateojtnterestagreedupon.) 1� per month on the unpaid balance (Usury la�s and rcquisements uruler tbe fedesa! TruW !n Larding Ad, stmilar state and loca! cvruumer credlt (aws and otber regutattons at tbe Owner's mrQArcbt- rxt's prtnc�pa! places oj bust�ss, rbe locattor� oj tbe Projea and eJseru6en maY allea tbe c�altdtry oj tbts pror�Iston. Specijtc tegal adotce sbould be obtatned mitb respea to deletions or modlftcattons, and aLso regardtng requtrements sucb as t�ritten dfsc[osusrs or wak�ers.) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMEN'f • FOURTEENTH ED[1'ION • AIA� •�1987- 9 8141-� 9H7 'i'HE AMERICAN INSTI'fUTE OF ARCHiTEC?S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 "�- � M 11.5.3 The rates and multigles set forth for Additional Services shatl be anne�ally adjusted in accordance with normal salary review practices af the Architect. � ARTIC�.E 12 OTHER CONDITIONS OR SERVICES {Iruert descriptions of otber serulces, identify Additionat ,Servr`ces tnctuded wrtbin Basic Ccsmpe�uatton and modljicatforu to tbe payment and comperrsatian terms rrtduded !n this Agreemerrt.) 12.1,1 12.1.2 AlI architectural servi.ces beyond tk�e Construction Document Phase will be on a request basis and provided at our s�andard haurly rates. A. The soil is adequate far the praposed building. B. The building electrical and mechanical spstems {ie. electrical servtce, plumbing mains) are adequately sized for the addition. • 22.i.3 A. The construction costs budgeted by 1— Building expansion & remodeling 2— Tank removal & replacement 3— Owners equipment, fee permits, 12.1.4 � the city for the project as follows: $ 225 , (?00 $I00,000 equipment and furnishings $"75,OQ4 Total Project Budget $400,000 B. The constrvction costs will not a.nc].ude the architects fee, the city's administration costs or other ancillary costs. C. The architect shall have the right ta make decisions regarding materials, builda.ng systems and other archiCectural elements to meet the Owners budget requirements. Standard hourly rates are attached This Agreement entered inta as of the day and year first wricten above. OWNER AR ITEC � � ' ' �""�� (Sigrrature) (Si ture Cit�►,�rf Mendotat Heights (Printed name and titfe) (Printed name and itie) - AIA DOCUMHNT B141 + OWNER-ARCHITECT AGREEMBNT • FOURTEENTH EDlTION • AIAm • 01987 THE AMERICAN INSTITUTE OF ARCHtTECTS, 2735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2{)046 B� ��I•� �ST � Q � HOURLY RATES AND REIMBURSABLE EXPENSES FOR 1992 STANDARD HOURLY RATES CIASStFICATION RATE Principal Architect $85 ti Senior Architect $60 Architect $55 Interior Designer $55 Senior Drafter $45 . Designer/Drafter $40 Drafter $35 Designer $25 Oi�ice Manager $35 Secretarial $30 Apprentice $20 REIMBURSABLE EXPENSES Copies $ .15 _ r... � _ Transparencies $ .75 Blueprint Prints $1.00 Fax $2.00 Mileage $ .25 Travel Time (out of Metro area) 1/2 billing rate Compositing As incurred � Long Distance Telephone As incurred Lodging and Meals As incurred , All reimbursable expenses and consultant fees will be marked up fifteen percent. � '7 � (T'�� i7f� �. August 13, 1992 TO: Ma or, Ci Council and Ci Adn� Y �Y tY � FROM: 7ames E. Danie a Public Works D' r SUBJECT: Ptzrchase of New L?ump Truck DISCUSSION: At the March 5, 1992 City Council meeting, in conjunction with the adoption of the snow plowing palicy, Council authorized staff to prepaze specifications for the acqaisition of another snow plow. Council tlid thi.s in order ta increase the City's snow plow routes to faur. Upon reviewing tha options avaiiable, we find that purchasing a truck through the Sta.te contract would be the cheapest way to go. The State contract would be for the truck only and when building a snow plow there are several other separate components that need to be purchased; dump body, p3ow, wing, sander, lightang and radio. One of these components can be purchased through the Hennepin County contract and the rest need #a be purchased separately. Quotes for the different companeuts aze as follows: Truck � The truck that is avai�able through the State Contract is a Ford L8000. This matches two of the ather tnzcks the Czty aiready owns and are very pleased with, . ,�,. Cast: $41,995 Dump Body The dump body avai:lable through the Hennepin County bid is a Heil which is a very satisfactory unit. The City currently has 7 Craft dump badies (1992 quote =$12,843}. Plows We reviewed �iuee different plaws as fallows: Schmidt $12,900 Viking $ 9,265 Falls $ 6,4'72 Cost: $8,9b5 Our recommended plow is the Schmidt plow. The Falls plow was unacceptable (too flimsy). The Viking plow would be acceptable, however when we contacted Eagan and the City of St. Paul for their input, they both told us that they have recently switched to the Schmidt plow and highly recommended it. It is a four sectional trip plow that greatly assists with the safety and plowing efficiency in a urban environment (see attached brochure). Wing We reviewed three different wings as follows: Viking $9,270 Wausau $6,715 Falls $6,715 Cost: $12,900 The City currently has Frink wings on our e�cisting plows, however Frink has gone out of business in the area. We have tried the Wausau wing before and did not like it (too light weight). The Falls wing is of a weaker design yet. The Viki.ng wing is used and liked by many of our neighboring communities. Cost: $9,270 Sander We reviewed two new sanders, a Highway and a Meyers models. The City currently uses Central Engineering sanders and they are no longer in business. We were not impressed with the �Meyers sander. Cost: $2,400 Misc�llaneous Other Equinment Lighting, spring support systems, two way radio and other incidentals. Cost: $3,500 Total Cost: $79,030 Sales Tag: 5.140 TOTAL $84,170 NOTE: The estimated cost for this vehicle was $80,000 however due to the addition of State Sales Ta�c the price has been increased by $5,0(}0+. Funding for this vehicle is proposed to be by equipment certificates. � Narmally in the past the City has purchased all these separate plow vehicle components as part af a single bid, however in order to take advantage of the Minnesota. State and Hennepin. County public bzds, we need to purchase all the different companents individually. REC4IVIMJCNi)ATiQN: I recomm.end that the Ciry purchase a new snow plow truck and dump body through the State and Hennepin County bids and acqaire the remainung individual components as discussed above from quotes submitted. � � ACTI4N F'.F.�IT.IRED• If Council desires ta implement the recommendation they should authorize the preparation af purchase orders as follows: Truck - Dump Body - Plow - Wings - Sander - Lights - 2 Way Radio - Spring Support - System � R � f t $41,995 $ 8,965 $12,94(} $ 9,270 $ 2,40Q $ 2,000 $ i,000 $ 400 - {State Bid} Boyer Faxd - (Hennepin County Bid) McQueen Equipment - McQueen Eguipment - McQueen Equipment - McQueen Equipment - To be determineci - Ta be determiueci - To be determined 4 . � MF Multi-Section Trip Si►114W Pit�WS AbSorb Impact, Protect Equipment & Operatar No other snow piow rnanufacturer offers � the unique advantages of Sch�zidt's pa#ented multi-section trip desrgn. A design that virtuaily guarantees rnunicipal road main- tenance departmet�ts greater crew safety and a better plawing job !� • � : • � • M . . � . � . while eliminating damage ta equip- rr�ent, manholes and curbs. Conventional snow plows trip the e�tire maldboard if an obstac(e is 'hit, transmitting full impact shockto the vehicle ancf dr�ver, ScF�midt solves this long time problem by buiiding MF plows with four inde- pendent sections. Only the section striking a manhole ar similar ob- struction trips upward, then instant- ly resets when i# has been cleared. Much ofthe initial impact is handled by a shack-absarbing cutting edge and a ffiexible palyurethane damp- ener which are balted #o #he,mold- board. ' All four seciions are spring (oaded to exert maximum downward blade pressure while piowing, readily cort- forming to road contours.The result is "bare surface" snow removal, even on ex#reme crowns and minimal snow loss during tripping. Plow with one, fwo or fhree secfions up on the c�rrb tor more efficienf clean u�. _ Loss of vehicle control from "catch/ng"a curb is unlikely; the section simp/y rides up and aver. Cs��+�'�i � �,�:�,t� i �c�:��#c�i«�r�y i. i� •. August 13, 1992 To: Mayor, Citg Council. and City Administ r From: �ubjectz Kevin Batchelder, Administrative A�nt Dakota County�Regional Trail System Consideration of Resolution to Support For Trail Link DISCUSSxON Dakota County has contacted the City of Mendota Heights to request a resol.utian o� support for their Regi.onal Trail System, and in particular, support �'or examination af the Soo Line Railroad �racks as an alignment and connection to the region.al trail sys�em. (Please see attached August 6�h Parks and Recreation Commis�ion memorandum �or details.) The Parks and Recreation Commission discussed �his opportunity for a trail link and felt the City should support the County's efforts. I� the Soo Line railroad tracks were to become part o� �he Dakota Coun�y Regional Trail sy�tem it would link ta the C�.tg's Mendota Heights Road trail and provide access �o Fort Snelling and the Fort Snelling State Park, as well as Mendota, Zilydale and future Lilydale Regional Park. ACTZON REQU2RED Cansider the proposed Resolution Na. 92- , A RESOLUTION �UPPORTING REGIONAL TRAILS TN DAROTA COUNTY, and i£ the Council so desires, pa�s a motion adapting tha.s resalution o� suppar�. . ,c.. a P � 4 CITY OF N�NDOTA SPIGHTS DAKOTA COUNTY, MINN�SOTA RESOLIITION NO. 92- A RESOLIITION SIIPPORTING REGIONAL TR.AILS IN DAROTA CODNTY WHEREAS, Dakota County is considering expansion and additions to its Regional Trail System; and �HEREAS, the Minne�ota Department of Transportation and the � Soo Line Railroad are considering the abandonment of railroad tracks through Mendota Heights as part of the construction project for future Highway 13, Highway 55 and the Mendota Bridge; and �PHEREAS, said Soo Line Railroad alignment consists of a railbed alignment running from approximately Highway 55 and I-494 through the Mendota Heights industrial park and along Highway 13 to the Mendota Bridge, said alignment as depicted on Exhibit A, attached hereto; and WHEREAS, Dakota County desires to examine said alignment as an opportunity to provide trail access to Fort Snelling, Fort Snelling State Park, and Lilydale Regional Park, and has requested the support of the City of Mendota Heights; and WHEREAS, the Mendota Heights, desire to support regional trail. Parks and Recreation Commission of the City of at their August 11, 1992 meeting, expressed a the examination of this alignment as a future ' NOW THERRFORE, BE IT HEREBY RESOLVED by the City Council of Mendota Heights that the City of Mendota Heights supports the concept of a Regional Trail System in Dakota County. -.s--BE IT FIIRTHER RESOLVSD that the City Council of the City of Mendota Heights supports the examination and consideration of the above said Soo Line Railroad alignment as a possible addition to the Dakota County Regional Trail System. Adopted by the City Council of the City of Mendota Heights this 18th day of August, 1992. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk r �,� sy,j„Pm��;.. -�v.. e .,;�, `.�. L� � '`•� .�; � � _ , -"�: ►� ' �` � � �~ii������ �. : � � ��`.� �:���i�� CITY OF MENDOTA HEIGHTS �� � August 6, 1992 To: Parks and Recreation Commission From: Kevin Batchelder, Administrative ant Subject: Dakota County„Regional Trail System �� Consideration of Support Future Highway 13 and Soo Line Railroad Tracks DISCIIS5ION Dakota County has contacted the City of Mendota Heights to request a resolution of support for their Regional Trail System, and in particular, support for examination of the Soo Line Railroad tracks as an alignment and connection to the regional trail system. The Soo Line Railroad alignment basically runs from the Coca- Cola plant on Highway 55 north through the industrial park where it intersects future Highway 13 and then proceeds into along Acacia Cemetery into Mendota. (Please see attached map.) The Fort Snelling DNR division is interested in this opportunity to provide bicycle/pedestrian access to Fort Snelling and the state park. If this alignment is used for the Dakota County regional trail system it would connect to the City bicycle trail on Mendota Heights Road. Dakota County has asked for our support in a resolution because MnDOT is discussing the acquisition of the abandoned railbed from the Soo Line in order to begin construction of new Highway 13. If MnDOT is to consider bicycle path improvements, it will have to be done prior to a January bid letting for road cox�s�ruction. The County has indicated that this will not cost Mendota Heights any money, but they are looking for our support in considering this alignment for their Regional Trail System while there is an opportunity. ACTION REQIIIRED Consider the request for a resolution supporting the Dakota County Regional Trail system and supporting the examination of this alignment as a connection on that trail system. If the Parks and Recreation Commission desires to recommend support for this concept they should direct staff to prepare the appropriate resolution for City Council approval. MEMO CITY OF MENDOTA HEIGHTS August 13, 1992 T0: Mayor, Council, City Administ � FROM: Klayton H. Eckle� ���/ SUBJECT: Marie Avenue Re-Surfacing, Dodd to Delaware DISCIISSION This section of Marie Avenue has suffered some serious deterioration of the driving surface in the past couple of years. Most recently, some nasty spalling has occurred in the north tire rut of the westbound driving lane. This type of failure is bexond simple maintenance patching; it requires a full re-surfacing. I propose that we do a complete re-surfacing via the Mill & Overlay process. This process involves grinding off the upper layer of blacktop, then re-paving with a new wear course. The cost to complete this project would be about $73,000. This project could be completely funded by State Aid ma.intenance funds. The MSA program changed significantly this year and our maintenance fund was increased from about $30,000 per year to about $88,000 per year. We have used about $12,000 of this maintenance money, so there is still over $75,000 available that could be used to fund this proj ect . _ .�. If Council authorizes award the project at complete the project RECONIl�NDATION staff to go out for bids, we could the second meeting in September, and by October 15th. I recommend Council authorize staff to go out for bids for a Mill & Overlay project on Marie Avenue from Dodd to Delaware. ACTION REQIIIRED If Council concurs with my recommendation, they should pass a motion authorizing staff to advertise for bids to Mill & Overlay Marie Avenue from Dodd to Delaware. CITY OF MENDOTA HEIGHTS MEMO August 14, 1992 T0: Ma.yor, City Council and City Admini� r , FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: 1993 Budget and Levy DISCIISSION Under State Law, we are required to certify to the County our proposed 1993 Levy prior to September 1. Two weeks ago, staff submitted to the Council the proposed budget and levy resolutions. There have been amendments to reflect the suggestions made at the August 4th meeting. The primary change was an increase of $50,000 in the contingency account. The preliminary levy adopted at this time cannot be increased later but can be reduced. Our Truth in Taxation hearing will be set between November 30 and December 21. At this time, the December 8th date has been 'reserved for the Counties, and it appears we will be able to hold our hearing at the December 1st Council meeting. ACTION REQIIIRED _ ,�.. �_ Adopt Resolution No. 92- , APPROVING TENTATIVE 1992 LEVY COLLECTIBLE IN 1993 and Resolution No. 92 - , APPROVING FINAL 1992 TAX LEVY FOR SPECIAL TAXING DISTRICT N0. 1 COLLECTIBLE IN 1993. LES:kkb • CITY OF MBNDOTA BEIGHTSf� PROJBCTED PROPERR'Y TAR EFFBCTS �F PROPOSgD 1993 BIIDGST � {City Portion of Property Tax Bill daly} Assessors Market Value �sa,oao $ioa,000 �x4o,000 $�so,000 $aoa,000 1992 Tax Cap. $ 880� $ 1,280 $ 2,205 $ 3,205 $ 3,705 � 1992 City Tax �19.35�} $ 170.28 $ 247.68 $ 426.&? � 620.16 $ 716.9� 1993 Tdx Capacity $ 8$Q $ 1,280 $ 2,Q80 $ 2,880 $ 3,280 1993 Est . Cit�r Ta.�c (19.60�) $ 175.12 $ 254.72 $ 413.92 $ 573.12 $ 652.72 Levy as Proposed $ + 4.$4 $ -r 7.04 $ - 12.75 $ -47.04 $ -64.19 Percent Change + 2.8� + 2.8% - 3.0� - 7.5� - 9.8� Levy includes third issue of Park Bond debt authorized by voters. CITY OF MENDOTA HEIGHTS DAROTA COONTY, MINNRSOTA RESOLIITION NO. 92- RESOLIITION APPROVING FINAL 1992 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 1993 . WHEREAS, the City of Mendota Heights has, by Resolution No. 87-91, authorized the levy of taxes within Special Tax District No. 1 for the purpose of paying operating costs of the street lighting system established within said District; and qPHEREAS, the City of Mendota Heights has determined that the sum of $10,000 will be required in 1993 for the purpose of paying such operating costs. NO�P THSRSFORL BE IT RESOLVED that the Cit� Council of the City of Mendota Heights adopt the following levy against all taxable property within said Special Taxing District No. 1 Operation and Maiateaaace'Costs $10,000 BE IT FURTHER RESOLVED that any tax exempt property with said District be billed for services at a comparable rate computed on the Assessor's Market Value of such property. BE IT FDRTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this Resolution to the Dakota County Auditor. Adopted by the City Council of the City of Mendota Heights this , 18th�.day of August, 1992. a ATTEST: Kathleen M. Swanson City Clerk � CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Ma.yor � CITY QF MENDQTA BEIGHTS DAROTA C4IINTY, MINNESOTA RESOLIITION NO. 92- RESCILUTION APPRC?YING TENTATIVE 1992 LEVY CC?LLECTIBLE IN I993 �88REA5, the 1994 State Ta� Levy requires the City o� Mendota Heights to cer�ify a tentative Tax Levy for the year 1993 priar ta September 3, 1991; and Y�18EREA5, the Levy may be adjusted prior to December 28, 1992, to an amount not to exceed the adopted tentative Levy, N4W THERF�FORB BS iT RESOLVED that the Ci�y Council adopt the following tentative Levy for the �.ax against all taxable property in �.he City of Mendota Heights for collectian in the year 1992: General Fund Emergency Preparedness Fire Relief Infra Structure Reserve Watershed Dist�ric� Legal Contingency Total General Levy subj ec�. to Limitation Special Debt Levies MWCC Sewer Debt Equipment Certificate Park Bonds - Improvement Bonds _ ,�. Total Teatative Levy � 2,071,750 1,5oa 14,900 50,Q00 7, 50p 100,000 $ 2,245,650 $ 30,000 �s,00a 31$,000 17,400 $ 443,400 $ 2,689,050 BE IT FIIRTHER RESQLYS"D tha� the Levy shall be amended following budget hearings �.o reflect �he adop�.ed City Budget. Adopted by the City Council of the Ca.ty af Mendota Heights this 18th day of August, 1992. ATTEST: Kathleen M. Swansan City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor 0 CITY OF MENDOTA HEIGHTS MEMO August 18, 1992 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr., Treasure� SUBJECT: Truth in Taxation Budget and Levy Hearing DISCIISSION It is necessary for the City to hold a Budget and Levy hearing during the period between November 30 to December 21. Based on information received today, the County hearing will be December 8 and the School District on December 7. This leaves the planned December 1 date available to the City, with an alternative date of December 16 (the County alternative date is the 15th) . ACTION REQIIIRED • Set Truth in Taxation hearing date for 7:30 P.M. on December 1. LES :,kkb � Y CITY OF MENDOTA HEIGHTS •1►������7 August 14, 1992 T0: Mayor and City Council • FROM: Tom Lawell, City Administ SUBJECT: Acknowledge Receipt of NDC-4 Meeting Minutes DISCIISSION Attached for Council's information are meeting minutes from the June 3rd NDC-4 full Commission meeting and the July lst NDC-4 Executive Committee meeting. Recently Council inquired about the status of NDC-4's progress in acquiring a new facility located in the City of Inver Grove Heights. The meeting minutes help provide background on this issue and explain the current status of the negotiations. It is likely representatives from NDC-4 will ask to appear before the City Council on September 15th to further discuss this issue. Should you have questions regarding cable matters before then, please let me know. ACTION REQIIIRED None. These meeting minutes are provided to Council for information purposes only in preparation for additional discussion , on-Ssptember 15th. MTL:kkb � � NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION , � 1535 Livingston, Suite 101 West St. Paul, Minnesota 55118-3411 612/450-9891 FAX 612/450-9429 M E M 0 R A N D U M s T0: City Mayors and Administrators/Clerks: Inver Grove Heights Lilydale Mendota MendoLa HeigntsJ South St. Paul Sunfish Lake West St. Paul FROM: Holly Yerigan, Executive Direct RE: NDC4 MEETING MINUTES DATE: 7 August 1992 Enclosed please find a copy of the minutes from the June 3rd Northern Dakota County Cable Communications Commission (NOC4) full Commission meeting and the July 1st NDC4 Executive Committee meeting which were approved at the NDC4 full Commission meeting on August 5th. The August 5th NDC4 meeting was videotaped and will be cablecast on Thursday, August 13th at 1:00 p.m. and 8:00 p.m. on Channel 18. . .�., The NDC4 took further action in the process of acquiring the "Aircomm" building in Inver Grove Heights and approved financing through Southview Bank and requesting a $350,000 Industrial Revenue Bond to be issued through the City of Inver Grove Heights. NDC4 representatives plan to make presentations to the NOC4 member city councils once all of the details of the bonding process and documents are worked out with the bond counsel. I anticipate that the NDC4 will be requesting a place on city council agendas during the first weeks of September. If you have any questions regarding this memo or the enclosed minutes, please contact me at 450-9891. /J Encs. f �.1.. >'' . � � ;� NORTHERN DAKOTA COUNTY CABLE CQMMUNICATIONS COMMISSION FULL COMMISSION MEETING June 3, 1992 The Commission meeting was called to order by Chair John Lagoo at 7:05 p.m. 1. ROLL CALL - Members Present: Alvin Boelter, Lucille Collins, Henry Hovey, Jodelle Ista, John Lagoo, John Lamey, Ed Mullarky, Ron Rogosheske (7:20 p.m.), George Tourville, and Dick Vitelli. Members Absent: Ken Hanson, Ken Henderson, and Jill Smith r Also Present: Michael B. Sokol, Sokol, Rudquist & Timmons (legal counsel); Rob Tautges, Tautges, Redpath & Co., Ltd. (NOC4 accountants); Holly Yerigan and Joy Curtin, (staff). 2. AGENDA - Motion 6.3.92.1 made by H. Hovey, and seconded by J. Lamey to K., adopt the Agenda was unanimously carried. 3. CONSENT AGENDA - Motion 6.3.92.2 to approve the April 1, 1992 NDC4 meeting minutes was made by A. Boelter, seconded by L. Collins, and unanimously carried. Motion 6.3.92.3 to approve the April 30, 1992 Executive Committee meeting minutes was made by J. Ista, seconded by E. Mullarky, and unanimously carried. Motion 6.3.92.4 to approve the List of Claims 5/2/92 - 6/3/92 was made by H. Hovey, seconded by L. Collins, and unanimously carried. � 4. REPORT FROM CONTINENTAL CABLEVISION - No report was given. 5. OFFICERS' REPORTS - No reports were given. 6. AIRCOMM PURCHASE AGREEMENT - A. Legal Counsel Report: legal Counsel, Michael Sokol, distributed a"Pre- CTosing Checklist" which he put together to assist the Comrnission in . transacting the building purchase. The first step to be considered is approval of the Purchase Agreement which was entered into by the Executive Committees of NOC4 and NDCCTV and the representatives of the Seller by the full Commission before June 20th. Ratification of the Purchase Agreement by the NDCCTV Board of Directors will be possible at their regularly scheduled meeting on Tuesday, June 9th. M. Sokol addressed the question of who will own the building. He explained that because of the way the Commission was formed under state statute, NDC4 is prohibited f rom incurring indebtedness. NOCCTV, however, as a non-profit may apply for and borrow funds that would be used specifically for the building project. NDC4 and NDCCTV could have an agreement that would state that NDCCTV understands they are not the owner of the building even though they are the party that incurs the indebtedness. A draft of the proposed agreement prepared by M. Sokol was distributed and discussed. • NDC4 Meeting Minutes June 3, 1992 Page 2 H. Yerigan clarified that, f rom an accounting viewpoint, the building would not show up as an asset on the NDC4 books until such time as the debt is fully paid. The transaction will need to satisfy legal, tax, and accounting principles and any agreement should be reviewed by the accountant, Tautges, Redpath & Co., Ltd. 4� ti M. Sokol also noted that an opinion has been received f rom the Dakota County Tax Assessor (which has not been challenged by the State) that states regardless of whether the property is owned by NDC4 or NDCCTV, it will be . exempt f rom property taxes. It was recommended by Legal Counsel that if the Purchase Agreement is approved, NDC4 and NDCCTV establish a"building" corr�nittee consisting of members f rom NDC4 and NDCCTV and the Executive Director. The committee would be responsible for making recommendations regarding construction, remodeling, use, operation, and maintenance of the property. The authority and po�rer of the committee would be determined�by the Commission.� � � Guidelines for dealing with bid requirements, conflict of interest, and final design approval were also provided by Legal Counsel. Discussion followed and specific questions answered. It was agreed that authority to sign contracts should be specified in the Agreement between NDC4 and NDCCTV and that NDC4 would have that authority. ...� Legal Counsel also proposed that NDC4 adopt a resolution granting either the Chair or Treasurer the authority to draw on funiis placed in a building escrow account (which will be required by the loaning institution) in order to expedite payments to NDCCTV for work connected with the building. It was recommended that NDC4 adopt such a resolution if the Purchase Agreement is approved. B. Cash Florr Projections Report: H. Yerigan introduced Rob Tautges from Tautges, Redpath & Co., Ltd., NDC4 accountants. Mr. Tautges presented an update of financial projections to demonstrate the impact of the proposed 'bttilding acquisition. He explained how the prfljections were compiled and the , preliminary results of the projections f rom 1992 to 1999. The projections presented were based on a loan of $300,000 amortized over 15 years at a 9-1/2X interest rate. The group was cautioned to remember limitations on these�projections: there will be favorable and/or unfavorable variances that will affect the projections. M. Sokol advised the group on issues they need to consider: projections under a lease scenario have not been done; the access grant is f rozen (impact is less buying power over time); narrowcasting settlement agreement monies are not included f rom 1996 onwa�d. Mr. Tautges further advised that according to these projections, beginning in 1997 management decisions would need to be made to reduce operating expenses and/or to judge revenue flows at that time. The projections do not anticipate any increases in monthly cable charges. Concerns were registered over the apparent lack of cash in 1999. The group was reminded that some factors not considered in the projections include increasing revenue, cutting expenses, and that equity in the building of � NDC4 Meeting Minutes June 3, 1992 Page 3 approximately $219,000 will be built up by 1999. Advantages and disadvantages of purchasing and leasing were discussed. Debate ensued on the pros and cons of ownership of the Aircomm building including risks and rewards. A question was raised on whether tax exempt bonds might be available which would improve the cash flow projections as the interest rate would be lower. Staff was directed to arrange a meeting with the attorney of the City of Inver Grove Heights and NDC4 attorney to discuss if there might be bond programs available to assist in the building purchase. The Dakota County HRA should also be recontacted to learn if anything had changed since discussions with ND�C4 regarding bonding last took place. Approve Purchase Agreement: Discussion took place on the future plan for realigning Blaine Avenue and the possible consequences of such action. In view of the previous discussion and agreement to approach the City of Inver Grove Heights for information on bonding, Legal Counsel advised that a provision needs to be added te th� Purcha�� Agreement Item 7.D, al?orring NDC4 to pursue such action. Motion 6.3.92.5 to approve the Purchase Agreement including a provision that would permit NDC4 and NDCCTV to make application to the City of Inver Grove Heights to obtain financing was made by R. Rogosheske, seconded by A. Boelter, and carried with John Lamey and Dick Vitelli voting No. In order to expedite the flow of money needed to transact the purchase and remodelling of the building Legal Counsel recommended adoption of the draft resolution authorizing two members of the Executive Committee the power to � transfer money to a building escrow account (kept with the lender) to be used only for building transactions. Motion 6.3.92.6 to adopt a resolution granting the NDC4 President and Treasurer the authority to transfer funds to a building escrow account set up with the institution granting the loan was . made by R. Rogosheske, seconded by L. Collins, and unanimously carried. Approval of WW Engineering to Conduct Phase I Study if Firm Approved by Bank: H. Yerigan explained that according to terms of the Purchase Agreement this en�vironmental study will be paid for by the Sell�er but they are asking for NDC4 approval of the firm. It was recommended that NDC4 approve the firm with the contingency that the lending institution would also approve of the firm. Legal Counsel provided an outline of what a Phase I study encompasses. Motion 6.3.92.7 to approve WW Engineering to conduct the Phase I Environmental Study subject to approval by the financing institution was made by R. Rogosheske, seconded by J. Lagoo, and unanimously carried. Approve Architect: A draft Architect's Contract was distributed. Discussion focused on the question of whether the group needs to solicit bids for the services of an architect. G. Tourville pointed out that government entities do not have to go out for bid for "professional services" which includes architects. It was also noted that a relationship has been established over the past three years with Krech, 0'Brien, Mueller & Wass (KOMW) and there is value in retaining this firm because of their familiarity with the project and its requirements. Motion 6.3.92.8 to approve Krech, 0'Brien, Mueller & Wass as the architectural firm was made by J. Ista and seconded by A. / Boelter. Discussion on architect rates and the pros and cons of bidding ` followed. It was pointed out that KOMW is very aware of the projeci having worked with the group over the past three years; and it would likely take another firm a good deal of time and effort to familiarize themselves with NDC4 Meeting Minutes June 3, 1992 Page 4 the project. The Architect's Contract was drafted with the provision that the work would proceed in phases, with each phase having to be approve by NDC4 before it would be implemented. A f riendly amendment to authorize proceeding with Phase I at a rate not exceed 8�, as well as to approve a rate not exceeding 8X for all other phases if and when they are approved was made by R. Vitelli. Legal Counsel was directed to add language to Article 12 and Article 5.2.2. placing limiting the cost of the project to �180,000. The vote was taken and the arpended motion was unanimously carried. Approve Conditional Use Permit Application and Fees: The architect will assist with this process. The City of Inver Grove Heights will require fees for the conditional use application, preliminary and final plat fees and there may also be a park dedication fee. It is possible the fees may be waived. G. Tourville recommended that staff prepare a letter to be sent with the applicatiori��to`the City of Inver G�rove Heights requesting the fees be waived because of the Joint Powers Agreement and non-profit status. Motion 6.3.92.9 to approve payment of fees for the Conditional Use Permit application was made by H. Hovey, seconded by J. Lamey, and unanimously carried. Approve Approaching Banks for Financing: Commissioners were invited to contact the Executive Director with names of contacts at banks they would like for the loan application. Motion 6.3.92.10 to authorize releasing the �� draft cash flow statements to the banks was made by R. Vitelli, seconded by H. Hovey, and unanimously carried. The Executive Director was directed to begin contacting banks to learn of their interest in lending money for this project. According to the Purchase Agreement, the Sellers will need to receive a letter f rom a financial institution advising their approval of credit by July 20th. 7. JOINT MEETING WITH NDCCTV - Chair Lagoo suggested that a joint meeting be 'hr�ld with NDCCTV as a continuation of both organizations' planning sessions. The meeting will take place with facilitator, Karen Ray, at NDCCTV's regularly scheduled meeting in July. Motion 6.3.92.11 to hold a joint meeting with NDCCTV on Tuesday, July 14th at 5:00 p.m. at Drover's Inn in South St. Paul was made by A. Boelter, seconded by E. Mullarky, and unanimously carried. It was agreed that the NDC4 Executive Committee will meet prior to the joint meeting to take care of necessary routine business. 8. NFLCP CONVENTION - H. Yerigan recommended that all staff attend this year's annual convention to be held in St. Paul July 15 - i9. Approximate cost per person is $220. Motion 6.3.92.12 to approve sending all NDC4 staff was made by E. Mullarky, seconded by J. Lagoo, and unanimously carried. Motion 6.3.92.13 to authorize sending any Commissioner who wishes to attend the convention was made by R. Rogosheske, seconded by J. Lamey, and unanimously carried. Commissioners interested in attending the convention need to advise staff of their wishes no later than June 12th. � > .� � �► � NDC4 Meeting Minutes June 3, 1992 Page 5 9. NDCCTV BY-LAWS - NDCCTV Amended By-Laws approved by the NDCCTV Board of Directors were sent to Commissioners in their meeting packets for their review and subsequent approval. Motion 6.3.92.14 to approve the NDCCTV Amended By-Laws was made by R. Vitelli, seconded by R. Rogosheske, and unanimously carried. 10. EXECUTIVE DIRECTOR'S REPORT - Holly Yerigan reported that Joe Balsanek, a recipient of a 1991 Education Grant, has been named a finalist in the NFLCP Hometown Video Awards con�est. The van will be at the Signal Hills Mall on June 20th for an outreach event. Recent problems experienced on Channel 18 have been isolated at Continental Cablevision's head end. The Education Special Interest Group would like to rent a room at the NFLCP Convention in which- to display their information and set up tape exchanges and,an area for viewing. N. Yerigan requested the'�QC4 contribute $25 toward this effort. Motion 6.3.92.15 to contribute $25 for the Education Special Interest Group room for the NFLCP Convention was made by R. Rogosheske, seconded by L. Collins, and carried with Ed Mullarky and George Tourville voting No. . .. A Building Committee needs that wi 11 comE appoint three Commissioners Chair Lagoo. : up regardin people from interested in to be established to respond to the many issues g the building. It was agreed the�Chair would NDC4 to serve on this Committee. Those serving on the Building Committee should contact 11. UNFINISHED BUSINESS - J. Ista inquired about the status of the "Cable - Watch" device that was purchased to monitor power outages with the cable system. H. Yerigan reported that the device is operating and has not indicated negative results yet. G. Tourville reported that MSC has come to an agreement with Paragon Cable Company. �A questions was raised on whether to�,pursue a meeting with Continental Cablevision, MSC, and NDC4 as discussed a few meetings ago. It was agreed to wait until Continental completes its negotiations with the St. Paul system that are currently underway. 12. NEW BUSINESS - No new business was reported. 13. ADJOURNMENT - Motion 3.4.92.16 to adjourn the meeting was made by R. Rogosheske, seconded by A. Boelter, and carried. The meeting adjourned at 10:00 p.m. Respectfully submitted, Joy A. Curtin NDC4 Administrative Assistant and Recording Secretary '� ..d . NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING July 1 1992 The Executive Cammittee meeting was called to order by Chair John Lagoo at 5:12 p.m. 1. ROLL CALL - Members Present: Lucille Collins, Ken Hanson, John Lagoo, Jill Smith, and George Tourville (5:30 p.m.). Also Present: Alvin Boelter (NDC4 Commission), Mike Sokol (Legal Counsel), and Holly Yerigan (staff). � 2. ADOPT AGENDA - Motion 7.1.92.1 to adopt the Agenda was made by J. Smith, seconded by L. Collins, and unanimously carried. 3. APPROVAL OF CLAIMS - H. Yerigan presented the List of Claims and answered questions. Motion 7.1.92.2 to approve the List of Claims for payment was made by K. Hanson, seconded by A. Boelter, and unanimously carried. 4. OFFICERS' REPORTS - No reports were given. 5. BUILDING UPDATE - H. Yerigan distributed copies of the latest building design put together by the architects. The new design shows an "L-shaped" structure with � reduced studio size and two building entrances - one for NDC4 and one for NDCCTV. Most of the cost savings on this plan are due cutting back on or eliminating altogether remodelling in the administrative office area and the reduced studio � size. The architect is working with the city inspector on meeting building code . .standards. Most of the mone� will be spent in the areas of the studio and editing suites where construction needs to be done. The Conditional Use Permit application was filed with the City of Inver Grove Heights on Monday and is in process. It should come before the City Council at its first August meeting. Per instructions from NDC4, a letter accampanied the application requesting a waiver of fees. A check was included with the application in order to get the process under way as advised by Inver Grove Heights city staff. If the waiver of fees is granted, this payment will be reTundea to ND�4. i he property wi T1 �eed to be platted; ti�ere wi i 1 be same expenditures for preparing-preliminary and final plats. A meeting was held with Timothy Kuntz (Inver Grove Heights City Attorney), Tom Hay (Inver Grove Heights Bond Counsel), Mike Sokol, George Tourville, and Holly Yerigan to discuss how the city might assist on this project. It was learned that the city can assist provided the city council approves. There is city interest in assisting the project, and although there are different options on how to proceed the easiest would be to apply for tax-exempt bonding using one of ,��sp the local banks. It became clear that the entity that would own the building � would be NDCCTV because of its non-profit status and borrowing ability. The bank wi 11 requi re credit assurance that the entity they are deal ing witta has the ability to stand behind their loan. Legal,Counsel advised that the NDCCTV By- Laws should clarify what will happen in case of dissolution.and limitations also need to be placed on NDCCTV's authority to borrow funds. These provisions w:,uld insure that the NDC4's interest and oversight are protected. �� NDC4 Executive Cortmittee Meeting July 1, 1992 Page 2 Both Signal Bank and Southview Bank are in the process of reviewing the loan appli.cations. Legal Counsel was directed to draft revisions to the NDCCTV By- Laws concerning dissolution and to review the NDC4/NDCCTV Contract regarding limiting NDCCTV's ability to sell assets and take out a loan. A question was raised on whether member cities should become involved in the building process. Legal Counsel responded that at this stage there is no need to contact the cities because the real interest of the cities is not being changed; they will still have recourse to the assets in the event of dissolution. , H. Yerigan•informed the group that City Center Plaza notified NDC4 that they will take over the office space at 1535 Livingston Avenue when the lease expires November 30, 1992. The Executive Director and Education Coordinator met with ISD #197 Superintendent Dr. Bruce Anderson to discuss cable partnerships with the school district and the studio lease. The school district would like to receive a 6 month notice before vacating the space in Henry Sibley High School currently being used by the studio. Staff will keep the district informed of events concerning moving the studio as soon as they are known. The architect advised that it may be possible to move the office into the new facility before all of the work is campleted on the building as little is being changed in the administrative area. This would alleviate he need to temporarily relocate the office for a couple of months. A letter will be prepared to City Center Plaza clarifying NDC4's legal rights as renters until their lease expires. �� Continental Cablevision's proposal for payment of monies due NDC4 in year eight of the Franchise Ordinance was distributed and discussed. It was agreed that NDC4 should negotiate costs of bringing cable into the new faciiity to help offset interest that would be lost if the proposed payment schedule made by Continental is accepted by NDC4. Staff was directed to work with Legal Counsel to prepare a letter stating NDC4's wishes to accammodate Continental's proposed payment plan in exchange for Continental providing f ree cable installation and service to the facility in process of being purchased at Blaine Avenue in Inver Grove Heights. Associated items to include in the negotiation are f ree multiple • drops; free cable wiring of the interior building, free cable service to all - drops, and that NDC4 will specify scheduling of installation and wiring. In the case the purchase of the building at the Blaine Avenue location does not occur as planned, NDC4 will reserve the right to renegotiate the terms of the payment schedule. 6. EXECUTIVE DIRECTOR'S REPORT - H. Yerigan reported that cable hook-up at the Pine Bend Elementary School should be fully functional by the fall of 1992. As a point of information, St. Paul and Continental Cablevision broke off their negotiations yesterday morning. MSC is becoming more of an issue with subscribers in the Northern Dakota County service area as evidenced by a letter written by the City of Lilydale to Continental on that subject. The full Commission will meet jointly with NDCCTV on Tuesday, July 14th at 5:00 p.m, at Drover's Inn in South St. Paul to continue discussion planning issues with NDCCTV. �� NDC4 Executive Cortmittee Meeting July 1, 1992 Page 3 7. UNFINISHED BUSINESS — There was no unfinished business to discuss. 8. NEW BUSINESS — No new business was brought forward. 9. ADJOURNMENT — Motion 7.1.92.3 to adjourn the meeting was made by G. Tourville, seconded by J. Smith, ahd carried. The meeting adjourned at 6:30 p.m. Respectfully submitted, Joy A. Curtin NDC4 Administrative Assistant and Recording Secretary e e � CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 92- RESOLUTION APPOINTING 1992 ELECTION JUDGES WHEREAS, State Statutes rec�uire that appointment of election judges must be made by City Council resolution; and • WHEREAS, the following list of persons has been submitted as qualified election judge candidates for the 1992 Primary and General Elections; and PRECINCT NO. 1, Somerset School, 1355.Dodd Road R D D R R D R R D R Rebecca Pentel (Chair) Dolores Radabaugh Pat Hettinger Sally Countryman Rita Green Edwina Burrows Eileen Mullen Rosemary Hildebrandt George Caulfield Charlotte Henry 815 Deer Trail Ct. 653 W. Marie 658 Callahan Place 648 Ivy Falls Dr. 1134 Ivy Hill Dr. 681 First Ave. 1126 Kingsley Crc. No. 1783 Delaware Ave. 829 Iiilltop Rd. 1965 Knob Road 688-6868 454-3190 454-3150 457-4770 455-5842 457-6658 454-6050 454-2432 452-1123 454-1450 PRECINCT NO. 2, Royal Redeemer Lutheran Church, 1960 S. Lexinctton R Bill Burke (Chair) 707 Decorah R Janet Gainor (Chair)1769 Lansford Lane R Eileen Rosenbaum 1850 Eagle Ridge Dr. D Rosemary Murphy 1696 James Road D Raymond Burrows 681 First Avenue D� �im Stein 1752 James Rd. D June Wagner 1392 Farmdale Rd. 454-3464 452-2108 452-9689 454-1880 457-6658 452-4113 451-6199 PRECINCT NO. 3, Mendota Elementary School, 1979 Summit Lane D Jean Fransen (Chair)2170 Pilot Knob 452-1390 D Mary Hartz 2200 Pilot Knob 452-1805 R Cynthia Klecatsky 2078 Theresa 454-7602 R Annabel Randolph 541 W. Emerson 457-3863 D Lois Furlong 2230 Highway 55 452-1620 R Marjorie Haslerud 2300 S. Lexington 452-5425 PRECINCT NO. 4, St. Paul's Methodist Church, 700 Wesley Lane D Marjorie Cheesebrow 594 W. Marie (Chair) R Marsha Knuth 740 Mohican (Chair) R Theresa Esslinger 632 Callahan Place !������7 454-7053 454-1132 �. PRECINCT NO. 4 (Continued� D Mary Boland 2263 Apache D Linda Weinzettel 2202 Aztec La. R Barb Carnes 660 S. Freeway Rd. D Katherine Goldman 1015 James Ct. D Sue Doffing 1900 Twin Circle PRECINCT NO. 5. Visitation School, 2455 Visitation Drive D Laurita Weinzettel (Chair) D Rita Maczko (Chair) R Virginia Simek D Mary Ann Hoyt R Darlene Misner R Judie Henning R Carol Redding 2 140 Dodd Road 907 Cheri Lane 814 Hazel Court 2276 Apache 706 Ocala 532 Huber Dr. 2331 Pueblo Dr. Absentee and Alternate Judges Twyla Kelly R Nancy Kruse R Barbara Kaufman D Marilyn Nelson D Betty Moen R Judy Hillstead R Bonnie Anderson D Theresa Redding R Evelyn Fischer D Judith Rose D Pat Burke D Sara Golden R Kathy Henrickson . �.. 2088 Theresa 902 Cheri Lane 896 Cheri Lane 894 Wagon Wheel 2319 Swan Drive 666 Callahan Place 791 Upper Colonial 720 W. Wentworth 1733 Lansford La. 1860 Eagle Ridge Dr. 707 Decorah Lane 1860 Eagle Ridge Dr. #202W 2283 Apache St. 454-6031 454-6013 452-1643 688-6628 452-3358 454-4659 454-7031 454-6247 454-3432 454-2262 450-9034 452-4896 454-3432 454-3854 454-7031 454-1624 454-7985 454-2775 455-3172 454-1812 454-1150 452-1141 454-3464 687-0066 454-7517 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendotqa Heights, that the preceding list of candidates are designated as 1992 Election Judges. Adopted by the City Council of the City of Mendota Heights this Eighteenth day of August, 1992. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL � August 18, 1992 Excavatioa ' Stoney River Development Ron-son Contracting, Inc. General Coatractors Licease Tom's Construction , t � � _ , •.. ".if . 0 August Z8, 1992 , TO; Mayor and City CounciZ .r . 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Tatals Tesno Check Nurnber B1 ,e is- L'1Z', NLtltibEY`_'—�$..'`'.�..__..._t_.�._. ._...__. _.__ ... �- -• . . ... ._.. _� ._._.__--�___.__.—___.�_.�...�-----------�__...._ .------•----- �, .,.:« r, �+' ,.��";;.., ,.,� .. • Z� ... . ,,.e:. r..t:v^C -. : ...e .< . .. ; '., Z, �.,;f:,�;�`82rfi��B Wtiitace" iG Co 01-4305-070-70 solvs 23.63 . ., N, � .._- - -. __ .._._.._ _..__ .__-_. - --._ ..,. _ � ._ . _._... _.___�._. •.------- �__..----.- ----.._ _.. _ , . _ ._ _.. _ _ _ - _____ �� g? �3.63 Z3 za Totals Terno Check Nurnber 82 �25 '%�'`yi^�:� ..w<-..":.,�1x7s �.e� ,b,.— �."_._.._..�_._.._ _ .__..__ _ .. _ '_" _' ...'_'__....___.._„_"__�___._.__'.._. �.._�.'_' ' _" '_'_'_.'�__"'_'_ .. ___._,...—._".»"_ �e ' TernQ ;,Check ,,Nurnber,. ; ,. 83 z7 .�,,�s�;,ti'w::�':�".Y�:"'`�'�':';!a;x,w.i"a: s<P`" �'�., _ _ . .... .__..—•'----- —_-_a_...__.v� c' .` > . . ' __' »..�.____. . ._. _ ze a s roo eirTs�ine ---."_-0f�4��1`=12@-30 __' " " 7urii^etairier' _.. ._ _..6� :�. z9 83 Winthrop & Weinstine 01-4�2�-1�0-20 Jur� orus 1.6�6.b2 �a 83 t�3i»thraa & Weinstirse 01-4220-1�0-10 3un Re Temaca 375.Q�0 a, :u. .,.�:.w:. - z��t. —..�__03-42�0=12m�80�__..-�---..r_.�---. ..�_ _�cln"""Re-Rot�t'l��id TTY33�@0 `32 r.;%.4�''�`�,�`,83fYW3ntfiroo .&,Weinst ine 16-4�2�-1Z@-00 ' Jun Re VGC � 787. @1 ,„ �,��rK�:,.BS::cWinthrap'ti& Wei;135�iYiiB 01-4��0-054J-50 Jun Re Raad Rehab � i.00 .:���n,� ...—... __...-----�-------�---�----•---...__.._ .._ ..__..._..... _.�__ _.--_.---- ----------...—_..__ ==–g____ -- — 34 �s y9g 3.814.73 36 7atals 7emo Check Nutnber * 83 -.� 37 & ,( :'�." .,::1' ".� ;.;Ae ;c; .� . --_._r...._.._._.____...__..__._»...__...__'_�"'�....._�.._"...._..� .�_.._. ._...._..._� . �e < 7eir�R ° Check? Number = ;," 84 . .„�.s: .. • 38 ' sy. -, q;{. : • i _ �. _ _ 40 �i�'Uit'�f'��`S�i .._..�. az 84 43 vtai•s-T•emcr-��trecic-iVvmber— 4a ^r,aA � ...-tiz a`'sr'•„?�.. ,: T_ ";b„f � ' , a5 T� y.'s�,� ,�;. !a L.i; ; r M. -..5;• a6 ---� a? 7476 ,8 Grand Total 49 y �„ :. : `•� . �,n`;#": � �� .+a.� +.✓ 5�, :. \fvW4'f.i.$'b'- v.,. �, c .,;.�3 ��,?'wics: {C.., •�.�i'�'';::Sir` j�°' .KR;G�' , im �61 . "'Y»54.,,,. ..ni.�`ii?°, r. . . a , v > w t'r�°+� - 5-4305-Q�60-60 ; t �- ' ' t `�r� �� �.���..� 54 � issF �5. se ' i,�! � s� � •• ' ' n �t�r,nl . z17.65f.k4 .. . �='" ., , ��' , ..�.-y�.. .,x, ; , � �� �A;3 %A', a.{, �,�,l�, a � y � .srY ^'»:,' ;�,,;.. ; q.Cn°;.,: `," ` �� .; �s�G x c;t-=YdoH�>;r� �,,�Q�y� ��^ ;.yi;. mr '".Y�' , �Js.. ' � Y ..`f> `£r.e' ^"J`F" ..,�. ' aix�'� o e ..°��t:,s, Y� i -s: � i'��F .7x�^`';:`'�;'r`_ �� „ T'S �. , t^..... a �. , � n. .V,;p r': �'t_. Y '":�'� .,3.t�.'*r=, ��v:;�e.'�>�..:+'M;.:�" ,r%c^s^:ta4;�s��'=�''�;`i. ��a �.4y,=rzir;3;.'.�"'.',;:'.`:x ... . �.�.. <�,. �i ( :; SL ' pC � LG � , it ,:_ ;k5:34�°<.p� ' " `� �' ,� .. r ..,� ., , y, .. . >. . . YpM1, . ����ak�a.k .,�.i,' axX' � . , � r \.r.* +"Xa.� ��.�'�' �9..i;ro. ��;. , � _ .. lT ,"Q'..Y ' »-� v J<. ~ . ... � , . . . <.v �a. S .n.. MANUAL CHF.'CKS '29752 786.Z6 John Maczko exp reimb ' 13753 � 63.59 M. H. £ire ReZiet' " ""'—" �3754'—" "�'00:0'0"�lIRXA___---._._______...._._r��r'_'_..._ I3755 Z70.00 A. Wicks Re MIAIA conf 13756 213.00 A ta Z RentaZ Park de8ication '—'" 758� 66"'00�"'Katlzleen"Swanson "" 7/29 dep care"]reimb- �- Y�- I3T59 570.00 Russ WahZ inspection svcs •' ` 13760 1•35.00 Frank K1ein �refund planning fee Ca92-24 �__..r .�__.�__._._----"'�376I—'----68.-39-`Minn"DNR. _ F:"D: sp'Iys -"_ —" � 13763 3,553.3T Co�tercia2 AsphaSt discaant invoica 13764 '883.�58 Norwest 8/7 payroll �.... ._____.__�_..__...---.------._..__-----------I3765------3;556':93'- State Capitol C.U.- - -- - �• -.._. .___......_..__------ 137bb 57.12 Arm C�o Distz F, D. splys 13767 'lOd.'00 Anoka Coanty warrant '--'"'—"—"'--"`" �'"--"—"`" �'Z3768""�"�60t7:'00 � 2om �'L'aweZ1 "� ` ' 8/7 dep"�"care reimt� -" 13769 '13,84 PSRA 8fT payroZ2 13770 8,698.72 " " _�..a_.._�__�__._..,._e_`�377Z_-' 425:'00""`Dakata'.Bank - --... _____ „___..�.__—._�_.. 33772 15,042.37 " „ Z3773 3;542.63 Coum�issioner Rev " ------ TT4 4S;b79:53-�a roTZ_a_� .._._-„-_ _�w 9 /----�- - �-- 13775 :Z80.00 Kathleen Swanson 8/7 8ep care reimb 237'76 2,70p.bp Midwest Seeding Re Kensington Park ^:s 't n . . ��. �<~ _�.. 6v , r' S9I .. �, . '.. .. ___ .74 " ' � � ev� ._��.._M.__...��.�...------_._.._._--.--_--------- ��777- -35.00 St. PauZ Water " water �hookup . cz � •, 9L , � ..§ h � x.,� � 'r�.3 � A ° ad-'�§s"'S°� •'�3A4t�.xz 5t �ili��� � YZ ' EL 6.T. 303,351�.63 za � r Y . }+: s. � � . . . � .. . .. , �+� _...��_..»_.___.._.__._ _ _._._.... . . , ; ;,��;,;�,:2. cz ' . . r "` ---•- -------�---- --•- { , ( , s � �..•^izzl �6t� j sa.c� .p',;"'{z<y,<.> ry`a.� t_�;�,i�;s{. . " " ` ' � . �8L •Ss;f�:.�.T� aj��a7:.'F.: .''y` .p,•� ..,�. . � . , . . . ,Lt :.�". ::�:�;.'::<<. 9l S! 4l Et :t� . • „ � � �' " ' .. . . - — �C� .^_ r �.____ L B L 9 t ',. �;a s�,.� . r . B :'.' p_,,�« z w, �A'dz� �,w " �-'a% r�'g',,� vw �� , �Sr+., i, � . .�.. 'a. A�Esr .. ;.�' : - • y .+� r A$'�?. . �!Z � ;'�' . Sr°<'�4. : `i.',?�E;... `;A'„ , t > �,,,, <B..h %t. i:p .n.` �:i:, '�T ` ^.�: %F".' . . r � . .. . . , r�, ^,s " <' . .. � � r.. .. ':j�u A .....c,'�r":'.�v-.,, ,.„...,.os.....x..... ... ..1�.,...,. .. ,.. c._.,. ... ,.. _. a..e ` .. ' ...� t"��... ` ;A'��•�w�tlj' i J { .:! `a a'a�::..d,� Y �w :.�sr... � _ .. � , . . ' .. • . ��,T.�Ti"� �se*:;:,.w'.•c ... .f"�'�. =.u.a .' � CITY OF MENDOTA HEIGHTS MEMO August 13, 1992 T0: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: CDBG Cooperative Agreement INTRODIICTION In early 1984 the City entered into a Cooperative Agreement with the Dakota County Housing and Redevelopment Authority (HRA) to participate in the federally funded Community Development Block Grant (CDBG) Program. The Agreement has been self renewing ever since, however this year the federal government has requested that a Supplemental Agreement be approved by all Cities and Townships participating in the 1993 CDBG Program. DISCIISSION Attached please find a letter from the Executive Director of the Dakota County HRA, Mr. Mark Ulfers, outlining the modified terms of the Agreement. In addition, attached is a one page document entitled "Supplement #2 to the Existing Cooperation i�greement for the Dakota County Community Development Block Grant Program" for Council consideration. As outlined in the letter, the two new federal program requ�i.rements address law enforcement activities related to non- violent civil rights demonstrations, and several "fair housing" requirements. In terms of the law enforcement requirements, Police Chief Delmont and I have discussed this issue, and we believe the requirements will have no impact on our operations. In fact, the State of Minnesota already prescribes a similar operating policy for all law enforcement agencies in the State. In terms of the other "fair housing" policies mentioned, they are all federally mandated acts which the City is required to comply with regardless of our CDBG participation. Therefore, their mention in the Supplemental Agreement merely affirms our obligation to comply with the various acts. � All Cities and Townships within Dakota in �he HRA'� CDBG Program are being asked t Supplemental Agreement. To date, �en Cities already approved the new language, • RECCtNEMENDATTON County who participate o approve the described and six Townships have 4ur long time association with the Dakota County IiRA has resulted in the City receiving many benefits through the CDBG Program. The Supplemental Agreement under consideratian does not appear �o advers°ely impact the City, and in order to main�ain the benefits of our CDBG participation, I recommend Council approve the attached Supplemental Agreemen�. • �•� �E If Council concurs with the recommendation, a motion �hould be made to adopt the aGtached Agreement entitled SUPPLEMENT #2 T� THE EXSSTING COOPERATION AGREEMENT FOR THF DAKOTA COUNTY CONR�lLTJVITY DEVELOPMENT BLOCR PROGRAM, and authorize the Ma.yor to �ign the document on behalf of the City. �����i:i:�'.7 � • Hu�— 1 e—y:� MON 1 4: 39 HOlJS I NG "'L,�t RE3JE�' AlJTN P� 02 � • ,.� `�KO?A CC}UNTY Housing tS: Redeti'clo�m�nt Authc�tit5r ;a:.�:�.�•;; .'94t�145th ��. W. • R�wm�+unr. TS?� SS.b� • T,l�.h, �i:.�: a.•�•: • p�� rl'.a:►.•1:�� sune 30, 1992 Thomas Lawell City Adm�n3strator City af Hendota Heights i101 V'ictozia +Curve Keztdottt FIeights 1� 552i8 Dear iir. Lawe11: Dakota Caunty i� currently comp2eting t�e recertiffaation prac�ss for the Entitlement Com�uunity Development 81ock Grant Proqram �CD$G). Dakota County first qualified as an urbari county in 1983 and the recertiffcation pracess accur� every three years. �n order to complete thfs process, a Cooperatior� Agreement muet be exe�uted between the Count�y and eaeh unit aP iocal government that wishes to partfcfpata� in th� CountyEs CDB� P=ogram. The City of Mendota Height� originally execute8 such a Coape=ation Agreemen� in I.ate i983 or early 198�4, and this Agreem,ent could usually be autamat�cally renewed at the end of each three-year certification period. Howeveacr the V.�. Department of Housing and Urban Development (HUD) now requires that the Caoperation Agreemen� be amended to�•include some new requirements. These include: 1. A ce�ctification regarding the use o! excessive force by 3.aw enforcement agencies in resganse to nan�via2en� civii rights _d.�monstrations. 2. Additional references to applica`ble iaws and regulation�, and a statement regaraing aPfirmatively furthering fa#.r hausing. In reqard �to the "excessive force'� certificatfan, th� Dakota County Attorney�s office has detezmined that �the existinq County pol,icy regarding the use of d"eadly farce by �av enforcement personnel meets the requirement� of this certi�iaatian. 1! �opy of the� �ittorney's ogianfan nnd the County policy is enclosed for comparSaon to you'r own policie�. For those communities, who receive la� en�orcement aervice frcm the County, the County At�orney's determination is sufficien� tc a11ow �ou to make thi� certi�ication. Th� City o�' Nendota Heighte mue�t execute SuppXement �2 to the Goopernti.on Aqreement gor the Dakata County C�BG ;Program and zeturn i� to Dakota County HRA by September 4, i992, 3n order to part3.cipate in the Coun�.y�s CDBG Pzogram for the three year p�rfod i�ginning in Fiscal Year t993. "A1+3 EQUAL UPPC}RTUi�iTY EMPL{�Z'�R" Nu�- 1+e-�G f"1C7N 1 4� 40 HOU�'a I NG � REIlE'4+t AtJTH P.+�3 -2- The supplement to the Cooperation 14greement does not necessar3ly have to be approved by the Ci.ty Council. or Toumehip Board; however, it must be aigned by the Mayor or Tovn 8oard Chair. =f you �2Qct not to execute the supglement anc� partfcfpate f.n the CDBG Program, you must so notify Dakota County and HvD, at ths Kinn+aa:palia/St. Pau2 !►rea flffice, 2�8 Second Street Sauth, �inneagoli�, MN 55403, in writing by September 4, 29�2. The CDBG Program has provtded Bub�tantfal. tunding to D.akota County over the 3ast three year�s to pe=fora� Community Development activities thrauqhout Dakota County. We hope that you vi11 continue to participate in the proqram to allow these act3vities to continue at the maximum funding leve]. possibie. The numbez� af participating communities i� � tactor in determining the leve2 of func�ing for the County's GDBG Program. Tf yau havs any questions or concerns about tY�is matter, pl�ease contact Kari Gi21 at 423-8111 or Lee Smith at 423-81t3. Sincere3y, Mark S. Ulfers Executive Di=ectar KSU:kmg Attachment . .�.. , .-..3.�- .. <,— �.,c �-�vri .< <t � �b HullS I NG � R�ZiE'� AiJTH BtTppLE1�LE2+iT #� '1'0 TI3E E=IBTI�Ta COOp$R�1TICbi 1ltiR�Ei�t3iiT tGR T8E a7�T03'71 COO�i'rY CQ1tMVatITY DEitELOPX�.�i'Z' SLOC�C tiR� pROGiRI�i�i P _ 0 4 THTs AGREEMENT made and entex�d into by and between th+a GOVN�TY OF DAKOTA, Stata of Hinnesata, hereinafter referred to ae. "COUNTY" and the City o� tiendcta �eiqhts here3n�fter referrad to o� "COOF'ERATING COMMUNITY�" said parties ta this Agteement sach bQing governmental uaits o� the state o� Minnesata, a»d is �►ade purauant to Kinnesot� Statutes, Sectian 47i.59. � The pa=ties furthe�r agres that the COOPERATING COMIdi3NZTY has adagted and is +�nfarcing: 1. A policy prohibiting the uae of exoess3ve torce by law enforcement agencies uit�hin its jurisdiction �qainst any individual.s enqaqed in non-v�,oSent civil rights demonstrations; t�nd 2. A golicy o� enforcianq applicable State and laca� 2aws against physically barring entrance �a or exit f.rom a facil�.ty or lacation which is the sub�ect of auch non-violent civii riqhts demonstratians within jurisdictions. The partie� further agree to take all actions necea�sary to assure campliance �ith the COUNTY�a certification required by Section 104{b} o� Title I of the Housing and Coa�munity Development Act of 1,97'4, ns amended, the Fair Housing Act, The Americans with Di"sabiiities Act of 1938, and other applf.cable laws. They also agree that the CBUNTY shall not fund activitfes in or in suppart o� a unit of genera2 2oca1 qovernment that does not af�irmatively fur�her fair housing within its owr� jurisdictions or that impedes the COVNTY's actions to comply with its fair housing certification. The partiea have caused this Agreement to be duly execu�ed. APPROit�d AS fi� FORM APtD EXECUTION: Assistant County Attorney COUNTY OF dAKGTA, STATE 8F MINNESOTA BY= Chairman of ita County Sdard , Date; � Date: City/Tcwrrsship of (5trike One} 8Y. � 2ts MayorJBoard Chair Date: ^ � a i� ' . -a T0: FROM: SUBJECT: DISCIISSION CITY OF MENDOTA HEIGHTS MEMO August 11, 1992 Mayor, City Council and City Administ a� s Lawrence E. Shaughnessy, Jr., Treasurer Equipment Certificate Issue About five years ago, the Council expressed a desire to restrict the issuance of Equipment Certificates to what would be ma.jor pieces of equipment life span in excess of five years. Since that time most capital items such as police, fire and street equipment have been purchased within the general budget. Last year, two major pieces of equipment, the rescue truck and backhoe, were�approved for purchase by Equipment Certificates. This year, a new snowplow was added to the equipment so financed. Under recent Federal regulations, we must complete the sale of the new certificates prior to October. The proposed issue would one years capitalized interest ACTION REOIIIRED total $25.0,000 including costs and , �-�-Authorize request for offers to purchase the issue to be received on September 15, 1992 and Adopt Resolution No. 92- , RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTZATED SALE OF $250,000 GENERAL, OBLIGATION EQUIPMENT CER.TIFICATES OF 1992. LES:kkb 0 r, EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: August 18, 1992 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall in said City on the lSth day of August,,1992, beginning at 7:30 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $250,000 General Obligation Equipment Certification of 1992, of said City. The following Councilmembers were present: and the following were absent: Councilmember introduced the following resolution and moved its�adoption: RESOLtJTION NO. 92 - RESOLIITION PROVIDING FOR THFs COMPETITIVE NEGOTIATED SALE OF $250,000 • GENERAL OBLIGATION EQUIPMENT CFRTIFICATES OF 1992 • A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $250,000 General Obligation Equipment Certificates of 1992 (the "Certificates"), to finance the acqu�isition of various capital equipment for the City (particularly, fire and street equipment); and B. WHEREAS, the City has retained The Shaughnessy Company, in Saint Paul, Minnesota ("Shaughnessy"), as its independent financial advisor for the Certificates and is therefore authorized to sell the Certificates by a competitive negotiated sale in accordance • with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: l. Authorization: FindinQs. The Council hereby authorizes Shaughnessy to solicit bids for the competitive negotiated sale of the Certificates. It is hereby found that the amount of the Certificates to be issued, together with the General Obligation Equipment Certificates of 1987, dated December 1, 1987, does not exceed one quarter of one percent (0.25�) of the market value of the taxable property in the City. z � ' �� 2. Meetina. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of opening and considering sealed bids for, and awarding the sale of, the Certificates. 3. Terms of Proposal. The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statem�nt. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Shaughnessy and participate in the preparation of an official statement for the Certificates and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Adopted by the City Council of the City of Mendota Heights this 1.8th day of August, 1992. . .� ATTEST Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor � CITY OF MENDOTA HEIGHTS �� � August 13, 1992 To: Ma.yor, City Council and City Administ From: Kevin Batchelder, Administrative Assi t�( Subject: Report on Park Celebration DISCIISSION From all reports, the First Annual Celebrate Mendota Heights Parks! was a success despite the brutal sun and humidity we experienced on Saturday, August 8th. Next year we'll have to order a cool, sunny day. The crowd that attended is estimated to be in the neighborhood of 500 to 1,000 people throughout the day. The facility proved to be a good host for our community celebration as the ballfield, concessions, pavilion/band shell, parking, drop off area, play equipment, pedestrian/bicycle trails, elec.trical outlets and water fountains all functioned well and proved this �park was well designed for its intended use. Guy Kullander, Parks Project Manager, should be commended for all the work he has put into making Mendakota Park a success. This year's event was successful because of the extensive amoL�t of support the Planning Committee received from volunteers and}�ponsors throughout the community. The o�iginal intention of the'Planning Committee was to host an event that would be paid for and operated by voluntary donations and efforts. For the most part, this is exactly what occurred. (An accounting is attached.) ��"�Letter's of Appreciation have been prepared for the Mayor's - signature to properly thank all the volunteers and sponsors, both individuals and organizations, that helped make this community event a success. Letters thanking volunteers and sponsors will also be distributed to the local newspapers. (A list of volunteers and sponsors is attached.) I would also like to note the contributions made by the Park Maintenance crew, Terry Blum, Mike Maczko, and John Boland, for a fine job in preparing the park and assisting the day of the event, as well as Police Officer Neil Garlock whose presence was appreciated. The intrepid Kim Blaeser provided a great deal of background support, as did the Public Works and Police departments. I would be remiss in not mentioning the help provided by the Fire Relief Association and the Ladies Auxiliary. Besides hosting the softball tournament, dunk tank, Fire Truck rides and the concessions, the Fire department lent a helping hand throughout the event. From the setup of the tents and equipment Friday evening through the final clean up on Saturday evening, members of the Fire Department and their families were present to pitch in and help. Their assistance was invaluable and greatly contributed to the success of the event. Meridakota Park is now dedicated and we have had a successful first annual community celebration. There are many things we learned Saturday that will enable us to plan a better event next year and begin to establish this event as an annual tradition. A planning committee,with the help of the new Recreation Programmer, will be formed in the w�nter to tackle this task. Finally, I would like to thank the Mayor and City Council, the Parks and Recreation Commission and other members of the City staff for creating an environment in which a successful referendum can create such a wonderful park system for the community. It is a park system that is worthy of an annual celebration. The Council's advocacy for, and support of, the growing park system has provided a valuable resource to the community of Mendota Heights. ACTION RE4IIIRED Acknowledge the work of the Planning Committee, the sponsors and the volunteers and direct the Mayor to sign Letters of Appreciation. r . CELSBRATg MENDOTA HgIGHTS PARKSt 1st Annual - August 8, 1992 Revenues Donations from Sponsors $ 7QO.OQ Fire Relie� As�aciatian Mendota Heigh�s Amoco St. Paul MR Diagnostic Imaging Center Mendota Heights An;mal Hoapital George's Golf Range ERA Du�resne Real�y Visztation Monastery John Huber John "Bill" Burke City Council Appropriation* $ 2,000.00 Tota1. $ 2,700.Q0 * The Ci1�y Council apprapriation money was intended on].y �o be seed money with the intention that donated funds wou].d be used ta fund the event. E�,endi tures BFI Services - 4 part-a-pa�.tie� Eclipse Musa,c - P.A. Sy�tem A to Z Rental - 2 Tent Tops Fun Service� - 1 Balloan Walk IGH Clown C1.ub - 2 Clowns/Face Painting Mir�n�sota S�ate Band Sub-Tota1. Total Dona�ions expended Council appropriation e�ended $ 1?6.52 $ 59.43 $ 213.OQ $ 1.9'7.03 S 100.00 $ 745.98 � 500.00 � i,2�5.�s $ 700.00 $ 545.98 PLANNING CO1�iSTTEE Janet Blesener Chra.stine Koch Sharon Kol1 Ji.m Kilburg Revin Batchelder Kim Blaeser John Stefana. Dave Dinger Cindy Spenser Jeff Connor Nancy S�redde Angela Stefani Carol Damberg RIBBON CIITTTNG CQMMTTTLS Mayor Charles Mertenso�.to Council.member�: JiII Smith Janet Blesener,'Chair Citizens Park Review Ctte. Christine Koch Carl "Buzz" Cummins City Admini�trator Tom Lawell . Parks and Recreation Commission Chair: John Huber Rev. Robert Henderson, Invacation PARRS AND RECR:EATION C{3I�lISSICINERS John Huber Vicki Ratz Ann Norton Steve Hunter Steve Kleinglass Dick�..Spicer Caro1 Da.mberg VOLUNTFsERS Erin Norton Maureen Kispert Nancy Stoffei Biz 0'Mara Marl.ys Tiedman Bob Eng John Siedel Bil1 and Karen Monohan Cyndi Johnstan Melissa Schanno Renee Bade Jim Thommes Laura S�ursa Paul Abbott Debbie Lawell Phil Villaume John and Eileen Russ Goodman Cheryl Sandrock Caroline Jordan Deb MacRenzie Paul Knollmaier Bil.l Burke BetGy Arms�rong Jay Carl.son Jonathon S�orer Norm�Gellerman Mi1os � { e . � 0 ns s Bright Start Day Care Mendota Heights Subway Optimist Club of South-West St. Paul ,Turner's Gymnastics Mendota Heights Amoco Mendota Heights Animal Hospital St. Paul I�t Diagaostic Imagiag Center John Huber Bill Burke MeDoaald's Restaurant - Ronald MeDonald Fire Relief Association D.D.•s Dance Studio Meadota Heights Jaycees Northern Dakota Couaty Chamber of Commerce Holly Homes Realty Just Paws Pet Groomiag - Lilydale _ ,�.. Pam's Artistic Hair Design - Lilydale Cuaaingham Sports - South St. Paul Magnuson Sod - Richfield Mend-Eagan Athletic Association Northern States Power Mendota Plaza - Paster Enterprises Iadependeat Sehool District No. 197 George's Golf Range . D.A.R.T.S ' �Z /4` l�v �'i�-e5� IZea ( �'y v �s � �-�,.�-,o� �o,�aS +� �Y a' 0 Monast�� ar f' tfi� Visitrttwn n�„�--,., y t �t� c�,�.� t���o � � ��� �� ���� � �� (l � � �� ` �-� e�.Q� b�.�-.' ��t �:s� � �''�u.�'.� _..._. ' � �� S � '�.�ccr» ��'tE7 �� .- .�- ..'T' .,. • • ',' , , rrz. . • . . , • .. ,. . � , � . .,�;: . . ' . • � ' � ' ' • , • . . , , . `r ' . . � L � m Cl2`Y OF M�TDOTA. HEIGHfiS �a� • July 31, 1992 To: Mayar; City Council and City,xidminis�z� From: Revin Batchelder, Ac�ministrative ,Assi.s�a���e��'" .. Subject: Reminder of Aug. 8th Celebrate Mendata Heights��Parks nzscrrssrorr „ 2�.%s is a remi.nder of the Grand 4pening/Park Dedication celebratior� being held at Mendakota Park on Augus� 8th from 1 p.m. ur�t�.l 5 p_m_ _ With the help af many volunteers and donations Saturday is shapi.ng up to be a fun filled day of celebration. See you there. S�aqe Svents 1 p.m. �� ,��ys � ar.� !' . U 3'urner`s Gymnastics Performance D.D.'s Dance Studio Performance Ti� i t� T.►ararie� _ Tavnar�� �+..+.✓ tu.aaa. i:�.-,••c::�va..0 va.c,�a.c:, a.+u.ataa. .cv.�i.vi.ucca.ut.,.c 3 p.m. Ribbon Gu�ting Ceremon� 3:15 p.m. Minnesota State Band Performance 4:30 p.m. Ronald McDonald Show +O�b.ex Aetivities 9 a.m. 2 p.m_ l p.m. l p.m. 2 p.m. - � 1 p.m. 4 p.m. 1 p.m. Z p.m. 1 p.m. to 5 p.m. to 5 p.m. to 5 g.m. tv 3 p.m. to 3 p.m, to 5 p.m. to 5 p.m. to 5 p.m. � Softba3.1 Taurnament - Fire Relief Association Home Run. Conte�t - Subway Sandwiches Concessions, Hot Dogs, Popcorn - Fire Relief Balloon Giveway - Bright Start Day Care Clowns and Face Painting - IGH Clowu Club Clown.and Ficture Taking - Holly Home� - Free Throw Shooting Contest - Optim�.st Club Dunk Tank - Ladies Auxil�.ary Fire Truck Rides - Fire Dept. . Balloon/Moon Walk - Volunteers � ti � CITY OF MENDOTA HEIGHTS MEMO August 14, 1992 TO: Ma.yor, City Council and City Administrator Y FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: 1991 City Audit DISCiTSSION On July 1, 1992, copies of the City's Annual Report for 1991 were distributed to the Council. At our meeting on August lSth, Mr. Steve Lieble, of Peat Marwick, will be present at the Council meeting to review the report and answer any questions the Council might have regarding the report. ACTION RLQIIIRED No action required. � LES:kkb A x' i 1 1! � :1 ` August 10, 1992 TO: Mayor, City Council and City Ad ' s FROM: 7ames E. Daniels � Public Works ' SUBJECT: Traffic an lst Aven e DISCUSSION: Atta.ched is a letter from Ms. l�Zary Becker who recently moved into Mendata. Heights at the corner of Brookside Lane and 1 st Avenue. Ms. Becker is concerned with the speed of traffic on 1 st Avenue and has sevearal suggestions on how to slow it down. In her letter she suggests that the City install speed Iimit signs, "slow children" signs and stop signs. � I cauld sapport the addition of the speed limit si,gns and "slow children" signs however, I do not supgort the adding of a stop siga, Stop signs should not to be used for speed control. When they are, they are abused, people run them, make jack rabbit starts and stops and iun general they have been found to be moxe of a problem thau a solution {see attached article). RECUl�rIlV�EltiTDATION: I have reviewed Ms. Becker's m.,guest with Police Chief Dennis Delmont and together we feel that the speeding problem is one that should be dealt with by increased enforcement, however we would not oppase adding the 30 mph s��eed Iimit signs {may invite same peogle who are going slowe�to speed up) and the "slow children" sign (the neighborhood is adjacent to Somearset ,,: Elementary School}. We do noi support adding a stop sign. ACTIOlY I�.EQLiIRED: Meet with Ms. Becker and detenmine a course of action. s,• � t August 4, 1992 James Danielson Public W'orks Director 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Danielson: Thank you for speaking ta me today regarding my request that the city take actin to cantrol the speeding on lst, Avenue. As you know, I live on the corner af Brookside and lst. Avenue along with my husband and physically handicapped son. When we built our hame we were aware of the volume of traffc on lst. Avenue, but were not aware of the s� with which the traffic moves in bath directions. Our famiiy and our neighbors are cancerned about our children's safety on this street since there are no sidewalks. 1st. Avenue�begins at the top of a hill at Dodd Road, descending in the middie at Vandall and goes to the top of a hill again at Clement. Viewed from the side of the street looks like this. '''�,,,/"` As a result, vehicles pick up speed going downhill in either direction. I suggested that signs should be posted to reinforce the speed iimit. Also, signs could indicate that there are children in the area. (Somerset School is ane block away). And, in particular, aur ghysically handicapped child lives in the neighborhood. I aiso suggested that stop signs be placed samewhere along lst. Avenue to prahibit cars from taking that street without stopping at teast�nce. ' You suggested that increased palice monitaring could reduce the number of speeders, albeit temporarily. In any case, I wauld like to see some immediate action on this groblem as the City Council deems apprapriate. To this end, please put my concern on the agenda for the COUiiCi�'s August 1$, 1992 meeting. Thar�k yau for your consideration. Sincerely, / � J �%1 l , � � � ;- - �-s7- �442 � Page 8- July 1991- Minnesota CHALKL.INE Are Extra MPHs Really VVorth It? � Educate your community with reality by Larry Anderson PW Director, Ciry of Prior Lake How many calls does your depart- ment receive requesting you to slow down traffic? Our city publishes a quarterly newsletter as many other cities do. The following aiticle will be pub- lished in our nest Wavelength news- letter. The intent of this article is to edu- cate the public and, hopefully, make people think before they get behind the wheel to drive.and also slow down in residendal areas. With modificarions, you can adopt this for your community and add your own ideas to it. x�** Many people complain to the Public Worlcs Deparnnent about speeding traf- fic on their stree� It appears that some people drive like they left five to ten minutes late and they are trying to make up that 6me on the road. . To give an example of how much time can be saved driving, the theoreti- cal time to drive a twenty mile strip into the Twin Cities was calculated. The assumptions are as follows: 1) No time delays for signals�or heavy traffic. . 2) Driving the speed limit versus 10 mph over the speed limit � 3) Driving 25�mph in residential areas versus 35 mph [Many people believe that 30 mph is too fast in a resi- dential area.] 4) The trip route selected was through ttuee quaRers of a mile of resi- �- �- dendal area to the intersection of County Road 21, and Hwy 13 to Hwy 101, to I-35E, and then an addidonal9 miles. The 10 mph speed differendal, theoredcally, could save four minutes if one did not have to slow for traffic and signals. Realisrically, one probably can only save about two minutes. Is driving 10 mph over the speed limit worth saving two minutes? Please think about this for two minutes. The time saved in the residential area was just 31 seconds! Some people suggest other methods to slow traffic, all of which are ineffec- tive. Some examples of this are as follows: ' "SLOW-CHILDREN" SIGNS People who abuse their driving privileges don't pay any attention to these signs, although the "Slow- Children" signs indicate that drivers should be awa� of them. The signs give a false sense of security to parents with small children in a neighbofioad. � � SPEED LIMIT By state law, the speed limit on residential streets is 30 mph. The speed limit can be reduced only in ra� in- stances with state approval. Do reckless drivers really read speed limit signs? The only help in this area is enforce- ment of the posted speed limit. SPEED BUMPS Speed bumps work in parking lots but cause more accidents on city sveets. It has been proven that some motorists increase their speed to lessen the bump or drive through neighborhood yards to avoid them. Bicyclists have been seri- ously injured going over speed bumps. STOP SIGNS Stop signs placed in areas where they normally should not be cause motorists to run the Stop sign. This is hazardous because pedestrians assume that cars will stop at the Stop sign. In addidon, it is a proven fact that cars increase their speed after they stop if they stop at a Stop sign which was placed to slow traffiic. Hopefully, this article will motivate you to re-assess your present driving habits and adjust them accordingly. � 0 0 � • � • 1 � ♦ • • r ! � + � • � • • • • • • '• � � • � � r • • • • i � .. � :r. � � :� i �T":� . . � � � — . • � � f i � • • � • � • � • • • • • Ii • • � � � • • ! • i � • • i • • • • � • � �' • � � � • • • � 1• . .. ` _ M •.. . . ...�, » � .. � �. � ;�.. � � �� ����r`"' 'c�� c.� �� � ��!$� • � x � � , ;� ��^ � +�����v� �91���v ^ LG'?�T' . . /� 1 �v�wV+�w�M Y i� \C� F� r �,M +Y �.%b��- �A y �j ej � �t���� �� � I�I��t �I ��-� � � ' � �' � �� � ``F t y� f-� � � � �` `�, "�u% Ll��/ � � ' � .,�R. �.t - � �t Y[C+ � O '� I� , � . ,.,, .._.�.a �G�i ��=�� ,�,�,.� �•,� � •' 1.. �• : . : t I�i • August 13, 1992 To: Ma�ror, City Council and City From: Subj ect : Adminis r Kevin Ba�chelder, Admini�trative As�' Mendota Schoa� P1.ayground Installation Consideration af City Funding nISCIISS20N Ms. Carol Kiemele, of the Parents/Teachers Association (PTA) for Mendota School, appeared before the Jul�r and Augu�t Parks and Recreation Gommission meetings to request �unding to install play equ�pment at Mendota Slementary School. The PTA has raised approximately $15,OQ0 over the 1as� two years and desires �.o spend th�is money on new play equipment aG Mendota Elementary School. Sta€f inet with Ms. Kiemele and Michael Dorsey, of Earl Anderson, Inc., to make sure that the installation of this equipmerst is cost effective and meets American's with Disability Act standards. This meeting resulted in the cost sharing formula tha� is described in the attachec3 Ju�.y l4, 1992 memorandum from Guy Kullander. The formula is based on �Ghe PTA purchasing the new `equipment ("�15,471), the City providing insta].lation costs (not to exceed $&,924) and the schoal di�trict provzding funds (not ta exceed $7,789) �or the upgrades and improvements necessary to mee� ADA standards. . .r... At the July meeta.ng, the Parks and Recrea�ion Commission tabled their recommendation for one month to provide the PTA an opportunity to approach the School District for a funding commitment. A].so, City Adminis�rator Tom Lawell and Superintendent Dr. Bruce Anderson discussed terms of agreement that wauld be necessary between the City and School Distra.ct to pro�.ect the City's investment, should the Council approve the City's partion o� the cos�s. (See at�ached correspondence dated August 11, 1992.) Basicall�r, the City would ask the School District to agree ta make availa.ble the play ground equipment to all City residents during non-school hours and to provide the funding for all costa related to br�nging the playgroun.d equipment up to the standards af �he ADA, at a cost not to exceed $7, 789 . Dr. Anderson' � letter states that the School District wauld agree to these terms. {See attached.) 4! RECObIl�NDATION The Parks and Recreation Commission voted 6-0 to recommend that City Council authorize an expenditure not to exceed $6, 924 for the installation of play equipment at Mendota Elementary School contingent on: 1. A Letter of Agreement between the City and ISD-197 in which the School District agrees: y a. To fund all ADA upgrades, at a cost not to exceed $7, 789, and; b. To make the play equipment available to all city residents during non-school hours. ACTION REQIIIRED , If the City Council desires to implement the recommendation of the Parks and Recreation Commission, they should pass a motion approving an expenditure of Special Park Funds not to exceed $6, 924 for the installation of play equipment at Mendota Elementary School and authorizing the Ma.yor to execute a Letter of Agreement with ISD-197 according to the above stated conditions. � � �- Ta: From: Subject: « w • CZTY OF MENDOTA 8EIG8TS ��_• August 6, 1.992 Parks and Recreation Cammissa.on Kevin Batchelder, Administrativ������i�,tant Mendota SchoaT"Playground Installation Consideration of City Funding At the July Parks and Recreation Commission meeting, the Commi.ssion discussed possible funding o�' play equipment installation at Mendota Schoal that wauld assist the Parents- Teachers Association (PTA) in construc�ion of new play equipment. The Commi.ssion tabled the discussi.an until the August meeting to provide the PTA time to approach the Schaol District for a more defiraitive commitment to praviding �unding for the play equipment. {please see July mi.nutes for complete discussion of this issue:} Ms. Carol Riemele will• be present at the meeting to again ask: �he Commission for aupport. The PTA has no�G provided any additional inforn3ation regarding the school district, but� has stated that they intend �o move forward and would like Gity assistance. They feel strongly that the commi�men.t is coming from the neighbarhood and the PTA and that the City should rely on that commitment a.nd n.ot wait for the school dis�ric�. I have attached the July 14, 1992 memo from Guy Rullander that describes the proposed funding �o .instal.l the new play equipment at Mend ta School. A� before, the Commission �hould review City part�cipation. Mendota Elementary's playground often serves the entire surraunding neighborhood in addition ta the school use it receives, Any agreement for City participation should' be contingent on a guarantee fram the school district that this equipment will be available for ci�y residents for some time into the future to insure any cost incurred by the City. ACTION RE4UIRED Review the request with Ms. Kiemele and the PTA anc3 consider making a recammenda�ion on City participation. ..-.�'S? ` G��,4,,,c� l ��Go�^r`'W"� �� �" � � Q �l V ^� � t 1 � CITY OF MENDOTA HEIGHTS MEMO Jul�r 14, 1992 TO: Parks and Recreation Commission ry FROM: Guy Rullander, Parks Project Manager SUBJECT:• Mendota School Pla�r Equipment Improvements PROPOSED FUNDING 1. Parent's Group $15,471.00 - Five new component groups, remove outdated units. 2.��City $ 6,924.00 - Installation of above, add � pea gravel, border wood. 3. School $ 7,789.00 - Add ADA component, asphalt path, resilient surfacing. `�d � � � J�' �� . ..1 J � ASPFIALT ' lAt _ E)oSTri6 atu. � � � � ��. � la _ � _ � ,� ���1�1��'��. ... .. +� � • `,```ip� i .�w `'r,` '', �� . C ,, � = �� a PLAYCR�UND PLAN FOR MENDaTA HEiGHTS ELEMENTARY SCHOt�L ����� SCAtE: 9" = 8'-0" '� PLAYGR4UNp REA i?239.5 Sq Ft Total Area 1 Q6.1 �q Ft P�th (wlthin Border} 121.2 Sq Ft Access Resii Surf 169�8.2 Sq Ft �oose Resil Surf 879.i Ton Loase Resil Surf, 12" Deep 6Q4`--Q" Border Perimeter � ������ '�S4'� 0�:'� ,.1 W dGt'Cs � EARL F. ANDERSENx ING 99D8 JAMES dRq.E � BLOtlAttNtiTON, IAN 55i31 (a12j E84-73QR fA1C d!l4-8�19 +«+N07E*�«' R p M W1MtKACiREfb OrMiMI 1fAT'f1A N �„�.� �� ,� I�.�IO[NA 0► K NM '/'IN °�`F°"� r '�ie /� ELEMENTARY SCH40L � " Earl F Andersen, lnc. 98f}8 James Circle � Blaomington. MN 55431 Phone: 612-884-7300 MN WATS:.1-800•862-6026 FAX:612-884-5619 � Complete tonwiting, destgn, layout and InstRllatlon seevlses. � • MENDt�TA HEIGHTS ELEMENTARY YY 1979 Summit Lane Mendata Hei.ghts, MN At�n: Carol Kimberly ClUANTlTY 5 ■ Parkand Playground Equlpment ■ TraHtcContro151gnsandProduats • 5tie fumtshings • 1t Custom Signs aru! ldaiic£ngs ■ Bleacher and Stadium Seattng ■ Traftic Marking Products ■ Scarebaard ■ Stgn Fost #Aounttng Syatems ■ FloatCng Uocks ■ Archlicctura! Slgnaga ■ NaturrJBoardwaiks QUOTATION Date May 2$, 19 9 2 Your Ref. No. � TERMS: Net 3Q Days R7 � To Be Arranged ❑ DESCRIPTtON F'RICE EACH TOTAL Landscape Stxuctures Custam Aluminum Post 'Playbooster Components wa.th Tenderdecks. {5ee plan for layauts} Plan A Plan B Plan C Plan D Plan E fnstattation pr'rces based on prevailing wages. ❑ YES . Ct .NU . SUBTOTAL SALES TAX FREtGHT INSTALLATION 0 $3,S$$.00 3.226.00 1,790.40 3,675.00 3,192.00 15,471_00 . � ' N/C ' TOTAL� $15,471.00 F.O.B. FaGtary O Destinatian CX WE ARE AN EQUA� OPPORTUNI7'Y EMPLt7YER Shipment appro� 3 0 days � ���r receipt of order, Nt3TE Tt�is quotation vatid for 30 days. ' Ptease write far confi�mation after that date. . By � i Earl F Andersen, lnc. 98tJ8 James circte Blaomington. MN 55431 . Phone: 612-884730Q MN WATS.1-80U-862-6C)26 FAX: 612-884-5619 C.ORij3iC18 CORSttiiFif$� dCii$!t� iajfOtii itM GiSf#}IitiOfl fEN�CCB. � CITY OF MENDOTA HEIGHTS " 1101 Victoria Curve ;,,Mendo�a Heights, MN 5511$ Attnz Guy Kullander � QUANTiTY 1 z 10b Ip6 i�z 118 440 440 � ■Paricand=PtaygroundEquipment ■Trai(icCootrolSfgnsandproducts ■ Stte Fumishings ■ caatwn Signs aaa Markinga i BEeachar and Stsdium Seating ■ TrafRc Ma�idng Products ■ Ss�teboard ! Slgn Pos! Mountfng Systems t Floating Docks ! ArchCtectnrat Slgnage ■ Natura/8oardwalks QUOTATlQN DESCRlPT10N Date Jul� 1.4. 1992 Your Re#. No. �' TERMS: Net 30 Days � To Be Arranged ❑ PRlCE EACH, TOTAL. Play structure wa.th madificata.ons ta meet ADA requirements. {Slide areaper plan), ins�alled #845-5$23 2 Unit 8' Swing (installed} Sq. Ft. Asphalt path per plan Sq, Ft. Playtap Resilient Surfacing L/F Move exista.ng border to meet new CPSC Guideli.nes an north si.de af playground L/F Additional barderwood to accamodate new equipment a.nstalled. Tons spread new pea gravel Tans pea gravel delivered to site School District Total = $ �r789.00 City Installation costs = $ 6,924.00 Installation prices based on prevailing wages. SUBTQTA� ❑ YES SA�ES TAX , � NO , FREfGHT INSTAZLATtON 4,121.00 ���.ao 1,840.00 � 2,155.00 654.00 $7,95 938.10 1,975.04 � 3.357.20 M ' I TOTAI. � • � . _� r- F.O.B. Factary L7 Destination � • WE ARE AN EQl1AL 4PPORTUN#TY EMPLQYER Shipment approac. � 3 0 days after receipt of order. A � NOTE This quotation valid far 30 days. � �:� . P l e a s e� v+ m t e f o r c a n f i m� a t � o n a f t e r t h a t d a t e. � B Y � C ity o�t. . ..., , 1Vie�do�a Height�s� August il, 1992 VIA FACSIMILE Dr. Bruce Anderson Independent Schoal District No. 197 1897 Del.aware Avenue Mendata Heights, MrT'S51i8 Dear Bruce: c As follow up to our recent telephone conversation, attached please find' additional informatian regardxng the playground equi.pment installa�ion at Mendota School. As we discu�sed, the Mendata Parents-Teachers Assaciation has been very active raa.sing funds to purchase �Ghe actual playground equipmen.t, and they are to be comm�nded for their effarts. Unfartunately,-. the cos� to professionally instal]. the equipment and make the necessary modifications �o comply with the recently passed Americans witxi. Disabilities Act is �ou�.side the reach af the Mendo�a PTA. For that reason, they have appraached both the City and School District for financial assistance. �� � fln July 14, 1992 the Mendo�a xeigh�s Parks and Recreatian Commissi.on consa.dered �he PTA's praposal and chose to delay action on the request pending eertain commitmen�s fram the School Dis�rict. As we discussed, these commitments rela�e �o the School Disfi�ict's financial participation and a guaranteed right t�€ access _�'} � to �he equipment during nan-school. hours. The at�ached material further describea the project's proposed cost� allocation. In summary, the City will consider,funding the cost of installing all of the equigment, adding necessar�r border wood and pea gravel as required, at a cos� nat ta exceed $6,924. .� In returnj�the School District is asked to fund all costs related. to bringing the playground equipment up t�o the standard� o� th� ADA, at a cost not to exceed $'7,789. Because the proposal involves the expenditure of City funds ori. School District property, the City will require assurance that the playground equipment will remain open �or u�e by all City resident� during all nan-school hours. St is groposed that this requirement be satisfied with the approval of a Letter of Agreement�by both the Mendota-,Heights City Council an.d the ISD No. 197 School Board. � . .. ,.. • ,,, . . , . . _. �,:.. :a :''". - . - � ��' �r� : _ : ilO1�:Viictoria �� C.urve��="1Viendota;�Heigh;ts; �:�ViN `•:55118 � :�w ��452�:185t1 � ��!" �� �� . .. . . • . y . . . .. . "'.�.:a �v,j�u:.:�� ^ � •'t t . . . � _ t / f. ♦ �? `:. .. ... . ..r .. . , .. _. . .}. • _._ .:•'+C. • . .. � . . . , . .. _.a. . .� ..r�•�,��..<...f.........��.��=•� • .; J ' \ 1 t� � � ',�: . f • : .�a Dr. Bruce Anderson � � ' . ...` . . � , ;•• - .. . ' August 11, I992 � Page 2 This ma.tter will agai.n be considered by the Mendota Heights Parks and Recreation Commission this evening, August 11, 1992, beginning at 7:00 P.M. Should the Park Commi.ssion recommend the proposal for approval., we would laok to have �he City Council an.d Schaol Board address this subj ec� as soon possible to ensure timely ins�allation of the e�uipment, hapefully corresponding with �he opening of the schooi y,rear, The Cit�r looks forward to again working cooperatively with the School District in addressing the recreational needs of aur yauth. I� at a11 possible, please contact me via telephone taday to give me your thoughts on this matter. a MTL:kkb Attachments � a « �.:. =j.• �. ' "1 ..���=j`,. ' Sincerely, � CITY OF NIEND4TA HEIGHTS .. t Tom Lawell . City Adm�.nistrator � ',%r _:n'.;• _ 'i'r :.r�'.'r" . . . ;r�{' Y aS'��'- . � .� _ . . . . t .'�re ... ` . .. � . � � , �� � . _ ;. ; � ..4:�:.>;.:ti.,:.�; ' :...,-;r..: •-:•:; .;,.�};,���,�"�"'Mr.._ . c-; �r .;a,.�i,�3�l;.:r#�'x;w'r'.,:,t:� ��:?�^tr-:s,srr3'cy'�e:3 `:�G'�t�;r��k M� ;7'�`:" � . . s q+:t! ,:J'« �;��,*, +'Mt�'�c��}e.�^"S�r;=�' :I::S':r�:a�iC;.K`i'�.s..�.�t�;i'�4 r�i �. .< M1��Nw " i'/if�;, r 4.h ✓{ �.'. l �: +�:�A: � • 7t;• k.. ,},,,. .'i, i{ •, i{'.�' �h:� � '1 •: .�/at�f'�T .����- .. . .. . . ..... . "'"......._. '.....iC._[:�....:_.-�k.t`:a��..a � � w• � ��� ��A�,rt�� , /I✓���"f�\i�r�?� DR. BRUCE R, ANDEi2SnN Superintendent of Schoals tei2) ssi-2s�s : ����,�',�- .��.� � � •. , y Y August 11,1992 Mr. Tom Lawell Ca�y ?��r�inisirator City of Mendota Heights 1101 Victoria Curve Mendota ITeights, Minnesoia 55118 Dear Tom, � � � Thank yau for yaur recent letter regard'utg the Mendota Etementary School playground equipment project. As is the practice in all our schaols, the playground equipment would remain available ta city residents during non-school hours. The exception would be any specific reserved use af the site through the Communiiy Educaiian O�ce. I will recommend the appxapriate letter of agreernent to our School Boaard. Secondly, I will commit up to $'7,789,Q0 of School District resources to address the ADA �standards, an asghalt paih, and xasilierzt surfacing. The School Baard and the Administratian wish ta commend yau and the Council for the continned demonstratian of your desire to woxk in partnership for the betterment of aur common sturde�,ts and community. ' � • : • • . � cc: Lois Rockney Sincerely, l C.L �� � ti-,:J t-1 L. 4''l.(,, $ruce R. Anderson .`-t Superintendent af Schools INDEPENDENT SC$OOL DISTRICT I9? District Offices . 1897 Delaware Avenue ' ' West St. Paul. Minnesata 55I 18 � (612) 681-2300 July 14, 1992 Page 3 Commissioner Damberg stated she would like to see proceeds from this charity donated locally and wou7.d like to inquire of Mr. Blair'� program if any of Dakota Caunty�s youngsters quali�y for the Gities and Schools Scholar�hips. APPROVAL 4F MSNUTES w Commissioner Hunter moved approval. of the May 12, 1992, Minutes and the June 9,-1992, Joint City Council/Parks and Recreatian Commission Minutes. Commissioner Ratz seconded the mo�ion. AYES: 4 NAYS: Q ROLL OF TB� PARRS �1ND RLCRF�ITION CBMMISSION Acimi.nis�ra.tive Assistant Batchelder s�ated the role of the Parks Commiesion is being submitted• to the Commi.ssion after having been�� adopted one year prior to tanight's meeting. The Commission brieily discuased the role of the Parks� Commission and directed staff to carry� this item over uutil the August Agenda.in arder to give the Comm�.ssion time to further consider what the "Role of the ConBna.asion"� document should formally state. ►.� ����� • • �w• .. i1' ••� �� -,�. Parks Proj ect Manager Rullander atated the City had been approached by Carol Kiemele v�rith a plan by the � Parent/Teacher Association to inatall play equipment at � Mendata School. Rullander sta�.ed tYie PTA Group had been holding fund raisers over �he last couple of years ar�.d had raised $15, 000 for play equipment at Mendota School .- Rullander stated that origina].ly the PTA was asking the �� City to pay approximately $10, 000 for the installation af the $15,000 warth of equipment. Rullander stated the PTA's original proposal was to build five new stations with one play componen.t in each station. Itullander �lained that this proposal would not meet current� American�with Disability Act Standards (ADA) due to the lack of access and the lack of like equipment or similar e�cperience that �he �A.ct requires. Rullander stated the City had asked Earl Andersan Company �a design a uew layout that �+rould be in compliance with ADA Standards and still provide the same five play components. Itullander stated it would be the School . �.. . �... � District's obligation to installation costs due to have to comply with this July 14, 1992 Page 4 pay for the portion of the the ADA Standards as they would anyway. Kullander stated the City would also have to modify the new equipment for all of the park play equipment that had been installed in the last couple of years to comply with ADA Standards. Rullander stated the ADA Law requires the City to adopt a plan with an objective for upgrading the equipment by July 26, 1992. Rullander stated that this plan, now being prepared, can•be implemented over several years. Kullander stated the Mendota�playground is heavily used by the surrounding neighborhood along with the entire City and.it makes some sense for the City to consider funding for the installation of this play equipment. Kullander presented the current layout as proposed by Earl Anderson Company and explained that it has been placed on tonight's agenda to consider if the City wants to help out with the funding. Ms. Sally Siebell stated the School District would be asked to pay for the ADA updates. Rullander stated that if �the School District is .reluctant .to sponsor this program, the City'�s portion could be constructed now.and the upgrade for ADA equipment would have to be installed at a later date to comply with the ADA requirements.� � Commissioner Damberg�stated she is concerned that the City is brought into the loop in funding for installation of play equipment at one elementary school and then will be obligated �to do the same at all of the :school facilities in the City. Rullander stated that Somerset Elementary School is already complete except for the ADA upgrades. Ms. Siebell stated the play equipment is used year round by City residents and also gets heavy use when Mend-Eagan is hosting baseball games at the Mendota play field. Commissioner Damberg inquired if the School •� District currently has the money to pay their share of the costs. Rullander stated that under the current shared cost proposal the City's share would be $6,924. Ms. Siebell stated the PTA desires to incorporate safety i.mprovements that are needed in addition to the ADA upgrades. She stated that if the School District does not participate they will have to address the ADA upgrades at a later date. She stated the City, could go ahead with the installation of the new play��components without School District participation for the ADA upgrades. f. � r� J July 14, 1992 Page 5 Cammi.ssioner Hunter 6tated he did not think the propased amount of City funding was a lot of money and that the City� wauld be getting another playground. Commi.ssioner Hunter stated he wanted to avoid a situation where the City is approached ever,�r ti.me the School District does not have maney for a school project. Commissioner Hunter . stated the City is essentially getting a new park � playground �'iSr $7,000. Coz�n.i.ssioner Damberg stated she felt the' School District should come forth with a coirnni.tment prior ta the Gi�y being involved in the funding question. Chair Huber stated he agreed with Commi.ssioner Hunter in that this was no� a lot of money but that he is reluctant to �un.d this•program. Chair Huber stated the Ci�y has provided many parks with new play equipment recently. Chair Huber inquired if this wauld mean �hat the City would also have ta fund play equipment at the privat�e schools in Mendota Heights. Huber stated the City is currently cooperating with. the School District on joint use of facilities but not for the funding of installation at their faeilities. Huber stated he felt tha.t if the PTA had goae to the efforts to raise t�his amount of money that the School Dist�ict should support them and fill the gap for the necessary installation. � Comm�.ssioner Ratz inquired if the City wauld be � .. respansible far �he maintenance and liab.ility shauld the Cit� be involved with the installa�.ion of this equipmeut . Cammi.sszaner Rat2 stated she disagrees with Commissioner . Hunter a.nd Chair Huber in that �7, QOQ is not a small �, .�,,,_ amount. • She stated she wauld prefer ta see the'� School District came forward first with a cammitment far play '��� ground installation so that the City�could consider cost sharing. Ms. Siebell e�lained the equipment would be�Vita Trail equipment that would encaurage the physical development '' of the children in the area. �She•stated she also agreed the Schoal District needs to commit to the funding of installation firat but that they have had a difficult t�%me getting the School Diatrict to com�ni.t funding for � this project. Ms. Siebell stated she would prefer the Parks Commission give the PTA a chance to get School District�approval withaut taking any action tonigh� and requested that the Parks Commi.ssion table further consideration of this item until their ,August llth meeting in order to give the PTA time to approach the Schaol District. �� �.s July 24, Z992 Page 6 The Parks and Recreation Gommissi.on moved to table the itern until August 14, 1992. PART-TIME RECREATSON P4SIT�ON AYES: 4 NAYS: 0 Administrative Assistant BatcheZder stated that at last month�s joint workshop the City Cauncil and Parks Commission had ciirected staif to design a j ob descriptian for a permanent part-time recreation position tha�. would be hired in 1992. Batchelder stated the job description was to be reviewed by the Parks Cammission �or recommendation to the City Council. Batche].der presented a draft job descriptian for a part-time recreatian programmer . • Commissioner Ratz moved �o recommend that the City .��Council approve the draft part-time Recreation Programmer Job Description thereby establishing the new position and to direct staff to beg�.n recruitment. Cornmi.ssa.oner Da.mberg sec.onded the motion. Commissioner Spa.cer arrived at 7:45 o'clock P.M. FII'TUR3s LAND AGQIIISITION Chair FIuber �plained at the jaint workshop the City Council and the Parks Commission had decided that the City should reserve all referendum money after the ;�: completion of Rensingtan Park for land acquisitian and had directed the Parks Coirimi.ssion to nt�.ke a formal 'recommendation on this item. Chair Huber also stated that the Council had asked the Parks Corrunissi.on to begin considering the gaals or objectives for future land acquisition. Ghair Huber stated the development of the northern part of Rensington Park shauZd be considered as one of the items comr�i.tted under the referendum dollar�. Commissioner Spicer inquired if the Parks Commission would have con�ingencies for park i.mprovements if they tie up all the money under land acquisitian. Parks Project Manager Kullander responded that park improvements would be judged on whether they became an issue after the initial referendum or included as part af �i�e referendum, i.e., �he Americans with Disabilities Act, should that be paid for out of the referendum or out of the City's General Fund. Parks Project Manager � CITY OF MENDOTA HEIGHTS August 13, 1992 T0: Mayor and City Council 1 FROM: Tom Lawell, City Administr o SUBJECT: Associated Bureau's Tax Increment Request DISCIISSION The City has received word from Associated Bureaus, Inc. that they are interested in possibly locating in our Mendota Heights Business Park. By way of background, Associated Bureaus, Inc. (ABI) is one of the largest credit and financial services companies in the nation, employing over 350 workers in the local ar�a. Their principal activity involves communications by telephone, and their operations require high quality office spa�ce designed to accommodate the firm's heavy reliance on advanced telephone and computer technologies. The President and Owner of ABI is Mr. Jack Hurley, a long time Mendota Heights resident who now desires to locate his business within �he community. The ABI facility is proposed to be located on Commerce Drive `along the western most portion of the MAC site. ABI proposes to construct a one story, 65, 000 square foot office building on a site approximately 13 acres in size. In addition, ABI also has a five year option to acquire an additional 6 acres of land adjacent to the �site to accommodate future building expansion. Further information regarding the facility and site orientation is attached for your review. Although the site is located on land currently owned by United Properties, ABI has opted to work with Welsh Companies as the project's developer. United intends to sell the property to ABI, and as a condition of the property purchase agreement ABI warrants they will comply with the quality and performance standards United has consistently applied throughout the Business Park. A letter from Mr. Da1�e�Slowa of United Properties is attached which further discusses tY:�,proposed land transaction and the issue of land use restrictions on the property as imposed by the Metropolitan Airports Commission. The primary reason this mat�.er is before �he Cauncil this evening is to receive Council's input regarding the requested use of Ta.x Sncremen� Financing by ABI. A letter from Casserly, Molzahn and Associates, Financial Cansultants to ABI, is attached ta fur�her describe the details oi the Ta�c Increment request. Similar ta arrangement� made with VGC Corporation and Lennox Sndu�tries, a portion of the requested Tax Increment would be paid a� the time of building occupan.cy, while the remainder would be payabie over time in �he �orm of a note held by ABI. Unlike the VGC and �,ennox proj ects, the ABI proj ect has yet ta undergo site planning ar engineering analysis by �taff or the Planning Commission. In keeping with Courzcil' � stated desire �o be more involved in the early stages of projects involving Tax Increment Financing, s�,aff suggested that Mr. Hurley appear before Council on August 18th to preliminarily present the project and discuss the need for Ta.� Incremen� suppor�. zf given favarable coneideration, Mr. Hurley would then be directed to make the necessary planning submittals for Planning Commission review in Sep�.ember. . � ACTION REQIIIRED Meet with Mr. Jack Hurley, project's architec� to receive to preliminarily discu�s ABIfs MTL:kkb his financial con�ultants and the an introduction tci the projec� and Tax Increment request. r � Y�'" � � b'��,�'' �'` �r.rry }y¢. � � h �'j � �'sy �y�,�^ �2 y.1 V ��h .1 . ')�'� l��'•. :ld :'' �„� �1 (`..rt� f,`f.+ YT�/ i�^u�;i �T~ �'j}�,{ �'.�."a ytiF .,�, , i.�j'q. 1 ..,tZ'+'�� .tt � �r.. «j;. assc�i ated bureaus, i nc. Associated Bureaus Building • 260 East Wenhvorth Avenue • St. Fbul, Minnesota 55118-3580 Telephone: Area Code (612) 450-3000 • FAX (612j 450-3010 July 30, 1992 Mr. Thomas Lawell City Manager City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4167 RE: TIF Assistance for Associated Bureaus, Inc. Dear Mr. Lawell: It was a pleasure to meet with you and Larry Shaughnessy, on Wednesday, July 29, 1992, to discuss TIF Assistance for our proposed project in Mendota Heights Business Center. Enclosed please find the information that you requested at that meeting, regarding the site plan and land use. As discussed, at our meeting, please forward the enclosed material, along with the information you already have substantiating our TIF Assistance request, to the City Council for their review and consideration. Associates Bureaus, Inc. appreciates the opportunity to be placed on the agenda for the City Council's August 18, 1992 meeting. Following the City Council's review and discussion of our building proposal and TIF Assistance request that evening, we are looking �or direction from your City Council regarding our proposal and request. If you need any additional information for the agenda packets, or have any suggestions for our presentation, please contact either James Casserly or Mary Molzahn at 342-2277. Sincerely, ASSOCIATED BUREAUS, INC. � i�� CK L. HUR , resident JLH:jlg Enclosures lauel l . let dlvtsions Allied Medk:al Accounh Conhot • Credfl Convertors � l I�A�SH BISHOP A 5 5 O C 1 A T E 5, I N C. A r c h i t e c t u r e . I n 1 c r i o r D e e i g n• P I a n n i n 9 Associated Bureaus Project Narrative The proposed new headquarters building for Associated Bureaus will be located , in Mendota Heights overlookj�g the beautiful Minnesota River Valley. The 13 acre site is bounded on the west by Highway 13 and a Sooline railroad track, and on the east by proposed Commerce Drive. Site access will be via Pilot Knob Road to Commerce Drive. Major site components include a tree lined entry boulevard, two landscaped P A R T N E R 5 parking lots containing 302 and 322 cars respectively, two retention ponds and the headquarters building. This one story 65,000 s.f. structure will feature a Dennis walsh heavily landscaped entry courtyard and the conclusion of the entry drive and � turnaround centered on the junction of the north and south wings of the building. Wayne R. Bishop The north wing will house a large collections area and cafeteria with the south Ronald R. Smith w�ng containing executive, legal, accounting and other adminstrative offices. The brick paved entry court will include a metal canopy to shield and direct pedestrians M a r c i 5 o n d e r s to a glass walled entry pavillion containing a reception area with a stone clad water fountain. The entire collections area, the cafeteria, and much of the administrative area will enjoy a commanding view of the dramatic Minnesota River Valley to the west. The building will be comprised of a steel structural frame with a precast concrete roof and exterior wall clad in multicolored brick and glass with • accents of decorative concrete block. Metal components such as the canopy and window millions will be colored to compliment and accentuate brick and glass colors. The front or east elevation will also include architecturally shaped berms ' at certain locations to further animate the facade and provide a framework for geometric plantings. The west side of the building will offer a more natural landscape treatment to compliment and extend the feel of the river valley. [] L E A D E R 5 H I P �-J T H R O U G H -�-- Approximately 45 percent of the site will be maintained as green space during �,� a E A,� � E Phase 1. The building will be expandable to the east by approximately 30,000 s.f. � Service for the building will be located at the south end, mostly invisible from the e: S�� �*� o N 5 rest of the complex. Finally, the facility will be identified with lighted, landscaped monument signage at the main entry. Skywoy Atrium . Minneapolis Cenire 920 Second Avenue South . Minneapolis, MN 55402 re�: 612 338-8799 . Fnx: 612 331-5785 L � S�( yy . :�{. .if .� . i .,'i t •� l • �} y ;S !, � i� f �' i .i j r � i ' � ; r � 1• � � , , � � ' . I !fl • : . 1 t• i)1s130iEi �OnL+Y MStYM. � I�{ , 0 r—� • - +-r=.*:r .-;t .— � � ..'t'p.s� E ' ----, :iieis .{ �� _ _�� :��: ■-_ _= e=-r■ �,� �• r= � r:r +--r�E'� ._ . + _.ts'_ �--- ' .M e i5r_+ � - �— -- �.�::��: ' --.� - — -+i - � i:a..... ,. m w r ��air� �.`�r ;`�.e�a� �; - �. � .�:.,i�,icrtr�IC56t� •�:�Tia��a�r = � — . __ � _ �'� ..� ' • . �. — �r � . ' - i . SI� =aAi7d� . _. .. � ..... •.���::.aa— - - — — J� - -- :!'"` ' '"' �--� �.."..p.'j1�<•r ��r�:•—.. ^+��._�,.x....� xsi-:.:.�xs�.�- - "'�cl. �s � r , HU� 14 'y'L 11:4( UNlitll NKUNtKlltS H NH�t.b� i �',i�,. , �. �� 1 � •:.�: :���►�,�f /!!� .�. `i�l'�i��.- . r�� 1= � . , � � . � � , / � , � • August 13, 1992 Mr. M. Thomas LawcIl City Administrator Ci[y of Mendoca Heights Mendotu Haights, MN 55118 Dear Mr. Lawell, in a resnonse to y�ur ne.quest, we have PrerAre�i A summAry of hArpeningc to aScie� y�u in ihe evaluation af the Associated Bureaus, Inc. ("AB"j proposal to develop a 65.00U square foot corporate heAdquurters UffiCe building on a portion of our Mendota Heights Business Park (MHBP) land. Thc sitc AB hda chu�cn is part of thc laud it�rmcrly uwnul by Mcuv�lilxii Airports Commission ("MAC") and is subjcct to ccrtain population and building covcraga restricrions since this property is lc�catcd within thc Mctropolitan Airport B-Zonc. Wc bclicvc the AD proposal has satisfied. the allowable building covcragc and population dcnsidcs for the following rcasons: 1) The restrictions that ware imposed within ths B-Zone are outlined in our letter to yovr City Planner, Howard Dnhlgren, of December 23,1985 and approved by Mr. Dahlgren un Jsnuary 17, 1986. ( A copy of which is attached) � 2) Our psirent company, The Northland Company ("TNC") entered into a purchase� agreement with MAC on June 23, 1Q86 to purchase this pmperty and uttimately clo�e.d �� and received clear title on June ;�c), 1 yK7. 3j In April-May. 1988 United Properties, a d9vision of TNC, presented and received approval of a preliminary plac for the MAC proper[y. now known as MHB,P. 4) The B-ZURC ICJLTILL1Ui1� dlrC(:lG(1 3I.26 tt���� uf lnncl, all of which is locatcd. wcst of Pilot Knob Road, howcvcr, tho actual ar�ca we purchascd cquallcd 34.51 acres, mcaning 3.25 acr�s wore outside the D-Zonc and noc subjcct to thcsc restrietions. Thc restrictions on the 31.26 ncres required thnt the composite building area not exceed 11.55 ncr+es (,503,118 s� and the composite populsdon not exceed 1,366 people. continuetl 3600 Wc3t 30th Strcct Suitc 100 Minncopoli3, MN 5542f (612) 831-1000 HU� 14 'y� 11:4d UNll�ll NKUN�KI1t5 H NHGt.b� Pagc 2 Mr. M. Tlioivas Lawell 5) To dnte, the following nrens have becn or arc bcing dcvclop�d: LAND BUILDTNG POPULATION � Lennox Industries ' vGC Corp. Totals 3.43 AC 30,SQ0 SF 19 4. AC 49,500 SF 69 7.38 AC 80,000 SF 88 6) The AB proposal is to purchase 13.42 acres (phase I) and develop a 65,000 square foot oiFice building, which will inirially house appraximately 40U e.mployees and be designed to handle 61U employees within 5 ye.ars. AB also has an option to purchase the 5.91 acre site (phase II) north and adjacent to �he 13.42 acre site. in which case, according co cheir archi�eci, would expand the building to approxima�ely i02.000 sf and would house an addiciona1340 employees, ur pu�cu�i�ily 950 cr„piuyc��. 7) If both Phase I and Il a� purchased by AD, there remains only cme lot of 4.37 acres within che B-Zono. The following ealcularions would reflect that the AB devslopmant would not impose unfoir restricdons on the bslance of the property. L,ennox inciustries V�T(.' AB (Phx.ee 1) AB (Phase 2) Totals LAND 3.U3 AC' 4_,3S AC' 13.42 AC 5.91 AC 26.71 AC B UILDING ;u,scx� sr 49,5(1() SF 65,000 SF 37�F 182.000 SF POPULATION » C�9 fi1Q � 1038 people 8) Should che above two phascs cx:cur, thc nmding approvcci all�wanco� w�uld thcn bc 328 peopie (1.366-1,038) ttnd 321,118 s� (503,118 - 182,000 sfl vf building fur thc 4.37 ac,n lot rcivauiiicig w bc �lCvclupc�l. Wc arc �ul�ifurlx�blc tt��l llic re�uai��il�g allowanccs aro adcquat�c for tlus sitc. It should be understood that United Froperties is selling this land to AB and is not acting as the developer ns in mast o[her cnses in MHBP, however, we will scill retain control on the design, landscuping, lighdng und signuga to insure that the procactive covennnts recorded. agrunst this proparty on Mnrch 26, 1990 are eonformed to. Both Dale Glowa and myself will be involved in the review process during the course of planning and development. continued � • � � a � HU� 14 ' yG 1 1: 4d UN 1 I tll f'KUI'EK I 1 t5 H F'H�t . b4 Pagc 3 Mr. M. Tliurna� Lawcll In closing, we ar� excited about tho opportunitY to include n qunlity development such as proposed by AB in our Park and �quest you look favorably to their ulrimnte axistance in Mend�ta Heights. !f there are any questions, please feel fre.e to give either of us a call. Truly Yours, � • �� Dale a Dti/CiB/sr� � � Gasserly Molzahn & As�aciates, Inc. 215 South 11th Street, Suiie 300 • Minnsapolis • Minn�soia 55403 Office (612j 342-2277 • Fax {612j 332-4765 July 28, '[992 Mr. Thamas Lawell City Manager Gity of Mendota Heights 1101 Victaria Curve Mendota Heights, MN 55138-4167 RE: Request far Tax Tncrement Financing Assistance Associated Bureaus, Inc. Dear Mr. Lawell: Our �i.rm has been retained by Associated Bureaus, Inc. ("ABI") ta analyze the �a� increment financing component of their progosed project and to assist in preparing their request for tax increment financing assistance {"TiF Assistance") frorn the City of Mendota Heights {the "City"}. ABI is a naiional callection agency and �inancial services campany headquartered at 260 East Wentworth Avenue in St. Paul. It is currently lacated in a 4Q,004 square facility and employs 35$ employees. As a result af recent forecasts, which project an an�rease in employees to 500 in the nex� four to �ive years and 750-84� employees over the next eight to ten years, ABI is considering alternative space planning options. One of these alternatives is the construction of an approximate 65,000 square foot office complex in the Mendota Heights Business. Center, Of �.he propa�ed 65,000 square feet, app=oxima�ely 25f000 is designed for private of�ices, the reception area and general use areas. The remaining 44,004 sguare feet is designed far telecommunication activities and is canstructed as more of a multi-purpasa area. Construction of this mixed use facili�y is expected to occur in 1993, a.nd will be fully assessed as of January 2, 'l994 �or praperty taxes payable a,n 1995. The projec� is designed to facili�ate a substan�ial expansion but its timing is presently speculative. The Mendata iieights Business Center is currently located in an existing TIF Distric� within �he City»' Because the gortion of this TIF Distric�., where the ABI project is proposed, is located across the river from the airpart, �here is a severe noise problem which must be addressed. Further, additional site preparation costs and special design requirements are needed. Due to these additionai costsr ABI is reques�ing TIF Assistance fram the City, Without TIF Assistance from the City, the project as currently proposed, wau3d nat he ecanamically possible and wouid nat proceed in the foreseeable future. ABT's request for TIF Assistance fram the City is two-fold: $50Q,000 in assistance to be provided when a Certificate o£ fJecupancy is issued, ahd {2} $196,150 in assistance to be provided in a Limited Revenue Note (a pay-as-you-ga methad). Attachecl as Exhibit A is a cash flow analysis suppor�ing this Assis�ance request and an explanation of the columns used in analysis. Flease no�e Exhibi� B which illustrates that the Campany is essential2y receiving �he benefi� af 58.8 cents of each tax do3lar it pays for the next 12 years. When the expansion is cornpleted the City and taxing jurisdictions will the entire benefit. AZsa attached as Exhibit C is a 3.ist of noise rela�ed and site irnprovemen� expenses for which the TIF Assis�.ance would be used. Whi1e essentia2ly having an aption ABI has not purchased gotentiai site as yet since TIF Assis�ance is essential deci�ion to locate its corporate headquarters within the As a result, i� wou3d be greatly appreciated if the City provide a concept approva7. o£ ABI's praposal and a time the completion and approval of the necessary documents. wauld allaw ABZ ta proceed with the purchase o� the real and with arrangemen�s for permanent financing. `The TIF Assistance wou3d provide the following: 1. _ .�.. 2. 3. 4. { ") } TIF the get this 3.n its City. would table for This estate An increased �ax base with a minimum amount of public s�ervice needs. Substantial increase in employment. Assurance that a national company wou2d xemain in Minnesota and have the necessary space tor expansion. The cons�ruction af an attractive, up-scale mixed useiaffice facility. if you have any questions, please do not hesitate �o contact Jim Casserly or Mary Molzahn. Sin•erely, �� Ja es R. t � asserly Decembe� 23, 1985 r. - `_ ,..,, •-t. •. �• .i . , ., :l .-� =�--`� �' . � �� u�fYe� � �; �E: �r��t,'�. �A�I 21 l�$6 f ��� � �+h �j}y�j j�ttAttl YLts�i, s���GLI PRVrGR i�G�? �w��� �i O.V �R..■ �.� ���� ��� s tdr. Howard bahlgren City Planner City of Mendota Heicahts Dahlgren Shardlow & Uban, Inc. One Groveland Terrace Minneapolis, MN SS�Q3 Re: Acacia Par}: Land B-Zone Restrictions Dear Howard: P9'�--RR?R WRITcR'S DIRECT LINE Ta ensure that my interpretation of the B-Zane restrictions is ���� accurate, please review the following summary �s it pertains to �"' the Acac� a land. Fo� tYiis purpose, I hat�e enclo�ed �or �eference copies o� three QO:UI'ti@Ti"�S ��'ia� y011 C1�V2 Iii? '��'lc'C Q�`�?I2� �l1E3 $-i,0718 �85'��iCi.1�I1S. �e�ondly, I hav� enclosed a copy o� ou.� D�velopmen� PJ.�an s�a- �3SL7.0 Iiit7�?�. ��5 li' zDD�.1�S LJ i�'1@ @Il�l.:@ ACdCZc ��.�}: } ci1C'i r 1.i2— cludinc the a-Zane. The �'wo '1.and use c�ntrals are builcing der.sity and po�rulation ." d�nsity, The enc�ased m�p outlines �he B-Zane area �hat includes 31.26 acres o= the Acacia park land. Accarcing to the enclosed table, we aye entitled to build a� to 1 ratia, or 25�, on the 31.26 ac�es waLiz�.n 3-Zane. �`his ecruates to 7.81 ac�es �lus �.he trans�erable bu:.lding a,�ea �llowance that is allowed unde� this zaning which compu�.es to 2�� of 1�.9� acres o� 3.7�? ac�es. Zn simp?er �e�rns, we can build on 11.�� ac�es o� �he 31.26 acre� �hat f�ll within the B-Zone.. Building densitv: Rela�ing the 1_�.�� acres :�ar. p�a��ses 28�,6f� S� c:cidec �y �3,�60 S� per ?_.�� l�mit�tion. 3?.26 acres x 2�a = 7.�1 acres 1�.9� �c��s � 250 = 3.7� Gc�es P_llowab?e 11.�� ac�es ta our development nlan, notice th�t ou� o� �uil�?nc a�ea in �-Zone, which ac�e equals 6.�o acres, we?1 below the ,.�� . ,,,. .... .....;` � •`�`:...= ...._ -nf ���� i'"rc��` °�r^ uiC$..: `1��1;^!1�;^. ' � „ _�, ' V" "^.'� �):-"�' iIi 'n � ���I:a. 1:/!i*ln�c�i� . I �.^.:?i �J:-�� ... � Mr. Howard Dahlgren Page 2, D�cember 23, 1985 . Within the B-Zone we are restricted to a popula�ion density of 15 persons per acre. The a�tached chart tells us the maximum people that can accupy buildings on the 31.26 acres wi�.hin B-Zone is 469 - p].us 897 �ransferable popvla�ian for a total�- of l, 366. Again, � - this applies only to�the �-2one land. Popu].ation density: 31.26 x 15/acres = 469 � Transferable population 897 • Allawable population 1,366 The development �ar the Acaca.a Park land, outside af the B-Zone, is governed salely by the Mendota Heights Industrial Park building code. Zf you agree with this summary and conclusions, ple�se acknaw- ledge below and return for aur records. Otherwise, please maY.e any necessary correc�ion�. • , Yaurs truly, � �� - �����1�'�' Dale ,?. `�Glowa Project Manager � DJ'Gf snm L��� 0'�ui�� cc:' �evin F: aze11 City Admini�t�ator w/enclosures'� � , ; ; .: r �� / {/L / J / , � �� App_oved by 'L D?�hLGR�N SHAI�DLOW « UB AN ,? NC . Dz��' ` 1 r% ��"� �� . u � • ' t�.'..:i rr`:s�;�i< i'�i�A �';;'iiz:. .,.� _. . . . s•�•'• .: • . S. Tf 'fsr �k E5. ��Rv£�S � ' :'E52:�u^s. EC�S, F. ' i-p��'.` - i3 i�aC'. �7�JJ. f; -»..._._..____....� _ �. _- :---.. . `� � f'fiO�CiAY . � . • m :! tiiii�. 'i�':°i ' . ..___._.__ j.S ;�_�. _.. _ .. �::-------_--'-__-_- _.::=_ �+- .-!__c- -::_��-------= ---------�=.:=� _r�- ._._�w_ -----__l��cr�'-.=-----__ - _ ---- L+SE =. F.�i.!� � .� flFf,: ` :.X =��k':;SE`' ���FAfi(;Ittu RATiO� f'DFULkT10lt�:� <' ' ;':i:: _�. �/ 1Ur� :' .. .. .. . �S- DrfIC� � �, ,? _,I.OQ� �.,'.��'� .UO . �.00�... iS�F'EOFLE'fER P.4RE' . �3" � . .,'? ... _ - z GrfIStF.Y._ _. .... . L1 • J;J . >,. -S4"_'' "2.5U...._ : . .... .. _»� .. 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',•a:.�•�:�__ . ... - � ACREAGE. �; �. �._.�: .. : -.��--;:r::.::r=-� ,��� rermanent Open Space g3_26 _ . � . -'-'�" R.O.W.- RaiI and Road ' . 20.90 "I Country Club 5.80 �: L.C.S. - • " � � � ' � 0.36 , . McNeiI • . 0.27.•' � M.A.C. 31.26 .. � MnDOT . . 5,88 � TQTAL c 0 . t 0 � 147.73 Acres �J Ti �.t�I�I��E�t�S�E� D�EI�S�TYi �ITE �QF'�JL��'�OI�T Permanent Open Space . �3.26 Acres 3UILDA�LE AAEA- 4 1 r'�aiie- 83_26/ 4 20.82 Ac: es PO�'LTLATIOh'- 1� per acre x 83_26 acres 12 ^_ 9 People ������� ���� ���� ������ ���� ��� _ ,�.. ' � : �AI�TS� �r��B�..� Tr�AI��Sr�r�P.BL� PAt'�CLL ACP��AG� P�� C�?� i HLDC_ Ar'�r.A POPULATI�I�� Country Club �.BQ 1�_3 �.i7 ? 66 L.C_S. . Q_36 0.8 Q_I7 ? a hicNeil 0_27 0.6 0.12 7 M_��C. �1.26 7I_8 I4'.9.� v-��`'S 897 iit= . . � I�'inJOT �.88 13_� 2_81 I69 TO � ALS � ��.�� 100_0 ?o.s� 12�9 / , ,� .. . � _ � � -, i • •� / �Y • .• , . 1 ` V L:�;�D US� SxLr�'Y ZOh'Ih�. E. L7se Res��icti.ons, �arac=��h 3, si:b�z.: a5ra�h ei � sna11 be z.naenaed �s follows: Chas�ae e�c:.s�in,g pazagxaph c:.o `{pnge 14) . e. De.^.si�v, Site ?o�ula�iors T��ns�er . - � �a��i �l.lotia'�le bu�l�ing �ea lo� cove�aae and �llow�le site rsopt:.lation may be �ans`ered wram..acjacent ��rce?s, wi�'�_:n a:sy giv�^s B Zane, wne=e �� �.i�e Zon:.»g xc�.inis�_a;.or �incs saic pz.cels to. be �.n -�e��.nent a?en s^ ace use. . _ ?. De�e�.na�ian a� T=a.�s�'e�a51e Bui1c; na A=ea. ^or the �i,:=.�ses of �he ac,.-�.-�_s�.z�i.oz� a: �..:^s sec�ion, all af �he aczeace Qete.�...:.ne3 to be i.n pe^�.ze.n� oaen s�ace Lse s:�all �e cor.side��d as a sincle ��cel. �T: e=z:.ia se� fc='-�h �r� Se��ion V, �, 3, d shal? th�n 24D�j� ta nete�ni:,e r.he :...-�.nsfexr.;�le b:a�3cinC �.ea. Zn no c�se sn�ll �he `.rans�er ay SL:.�.c:.ng �e� �esu1� :.n a aevela�eat wnic� e�cceecs the m�:sas� lat ' c�veraoe �.nci/o� �locr z�ea watio se� wor`,.h �a �i�e undexlying zoning c.=s:.=ic�. • • '. . �� Z7e.��^.`,.±,Z�1.OI2 Os '���..^S`Q':2�� � S�4e PG�S:� ^a�`.1CTi. AS �.A S@C�ion er (� � �•�ove, :.'ae es:�:;.re develop�::,: e uea 4at:.ac :.e ae .ia ge��nen~ -a�s.� .� s�ace Lse s:le?? Qe�s�..-ze ��e si�e �ea �`c� :j�e ce�eMn�nz�ion oF � a^.s�e��� e�i �e ��•.:1a: :.aa. The a�s::�:� --L..-� s�. �.e �a�L:1.a�ion s'r.anu� d ��?� a:. 1� �e=sor.s ��- zc= e saz? � �be a��lied �o ce 4e. �� :ze �:�e ..�zs:s�e-�le t�''=� . , . "r-� �� �e _a~.�•,� �-.�.c :. . . ... T`=,s`�_::.t:.�:c� n= �a.rs=:v ��s�e� s��? �e z_�=�ioa� �y �.�� C'_�J '9 � e�!�:.�� R .w. .1^r"",�� « � •� �.�'�' e� y0a�."'...�.G rs. 5.`r"2.`..,..�. �'5�..► �.7..+'� .�.�2.�' ��.^� � C O� 2� c�`���` �G.:� � `...^i. `�?.� �....-,.�. G�4�'�.C� 2�''_� c��E�Q� iv'�..�.ri c.:'.V �: V�� �.i+���« -'..: .L_ ^ 3 �l�;IY. Exxx�zT A A8i4 ASSdCIATED BUREAUS� Ih}C.jCI7Y OF MENd6TA HEIfHi'S, MINNESOTA 23-Ju1-92 PROPOSED ABI DEVELOPMENT: CASH FLOW AND PRESENT VALUE ANALYSES � $SOO�Q00 CITY ADVANCE TQ DEVELOPER $196,150 REVENUE NOTE TO DEVEI.OPER --------------� ----------------=- ---------____----------------------- ESTIMATED CAPTURED LESS: ES7IMATED LESS: AVAILABLE (...........CITY ApVAMCE.......«..] [..........REVENUE NOTE...........] BALANCE OF # Of 7AX TAX FISCAt. TAX ADMIN TAX CI'tY PRESENT VALUE ANAIYSIS 4EVEf.OPER PRESENT VALUE At�ALYSIS TAX YRS DATE CAPACIiY CAPACI'fY DISPARITIES INCREMEM' EXPENSES INCREMENT REPAYMENT SEMI ANNUAL CUMULA7IVE PAYMEPI7 SEMI ANNUAL CUMULA7IVE INCREMENT o. o 0. 5 1.Q 1.5 2.0 2.S 3. 0 3. 5 4.0 4. 5 5. 0 5. 5 6. 0 6. 5 7.0 7. 5 a. a 8. 5 9. 0 9. 8 14,0 10.5 11.0 11.5 12.0 }2.5 13. p 13. 5 14.0 14. 5 s 1 � s�� 12 / 1992 6 j '1493 12 / 1993 6 j 1994 12 / 1994 6 / 1995 't2 % 1995 6 / 1996 i2 J 1496 6 / 1997 �2 1 �49� 6 / 1998 12 / 3498 6 / 1999 12 / 1999 & j 2000 12 / 200Q s I 2oa� iz / 200� 6 / 2002 12 / 2002 6 / 2003 12 / 2003 6 / 2Q04 �2 1 2oaa 6 / 2005 12 1 2005 6 / 2006 12 / 2006 146, Q30 146�030 148,951 1-0$,951 151y930 151, 934 154�968 154,968 158,068 158,Q5$ 16i,229 161,229 �sa,�s� 5� 164�454 i61,743 167�743 i �i f 04$ 171,098 � �a, s2o 1�4,520 17$.010 ��s,a�o 181�570 '!$i,570 185�202 185,2Q2 146,030 i46,030 148,951 14$,95i 151�930 � s�, sso 154,968 154,968 i ss, a�a 158,068 ib1,229 161,229 164,454 164,454 167,743 167,�43 171,098 171,09$ 174, 520 i 7A � 520 178,010 17$�010 181�570 i87,570 46,730 4b,730 47,664 47.664 48�618 �a,s�a 49,590 49,590 sa, �s2 50,582 51�593 51,593 52,625 52,625 53,678 53,678 54,751 54�751 55,846 55,846 56�963 56*963 sa, � a2 58,iQ2 51,4�9 51,479 52,5p9 52,509 53,559 53,559 54,630 54,634 55�723 55,723 56�837 56,837 57,974 57,9�4 59�'!34 59,134 60,316 60,316 61,523 6i,523 62,753 62,753 64,008 64,008 2, 574 2,574 2,625 2.525 2,678 2�b78 2,732 2,732 2,786 2,786 2,842 2,842 2,899 2,899 2, 957 2,957 3,OT6 3,Oi6 3�076 3,076 3,138 3,138 3,200 3,200 48,405 48,905 49�884 49�884 50,881 50,88i 51,899 Si , 899 52,937 52�937 53�99b 53,996 55�075 55,Q75 56,i77 56,177 57,301 57,30i 58�447 58,447 59,615 59, 63 5 60,808 60,808 29t2&8 29�268 29,854 29,$54 30,451 3Q,451 31�060 31,Q50 31,681 31,681 32�3i4 32,314 32,9b1 32,961 33,620 33,620 34�292 34,292 34�978 34,978 35,678 35#578 36,391 36,391 26.004 25,247 25,002 24,274 24,038 23,338 23,111 22,436 22,220 21t573 21,364 20,741 zo, 5ao 19,942 19�748 19�173 1$,9$7 18,434 18,255 17,723 17,551 17,d40 16,874 16,383 26,044 51,25i 76,253 100�527 124,565 147,903 171,014 193,452 215,672 237,245 258,609 279,350 299�890 319,832 339,58Q 358,753 377,740 396,174 414�429 432,152 449,703 46fi, 743 483,617 �oo, ooa 15,268 i s, zc� 15,574 i 5� 574 15,885 15,885 16,203 16,203 16,527 16�527 16,$58 16�858 17yi95 1T,195 1T,539 1'7, 539 17,884 1�,$S9 78,247 18,247 1$,612 '18y 612 18,964 18,984 12,1Q7 11, 558 11,254 i0,744 10.462 9,487 9,725 9,284 9�041 8, 631 $�404 8,023 ?, 8'! 2 �,458 ?,2b2 6,933 6,751 6, 445 6,276 5,99i 5,834 5,569 5, 423 5,377 i2,107 23, 654 34,919 45,662 56,124 65.112 •75,837 85,12'! 94,162 702,742 111,196 119,219 127�031 134�489 14'! , 752 148�685 155,435 161,880 168,156 1�4,i47 179,980 185,550 190,973 146,950 -------------------------------------------------------.----------___--------------- ------------------------------------ -------------------------------___--- 1,380,893 69,045 1t311,848 785,094 500,000 500,040 409,563 196,150 196,15Q FREFAREt} BY CASSER�Y MOLZAHN & ASSOCIA7ES � 4,369 4,369 4*456 4,456 4,545 4,545 4,636 4,635 4,729 4,729 4,824 4,824 4,420 4,920 5, 0'!$ 5,018 5,i19 8,119 5,227 5,221 5,326 5,326 5,432 5,432 71?,141 18I4 ORI6INA� TAX CAPACITY ESTIMA7EQ MARKET VALUE BUILDING VALUE/SQUARE FOqT SQUARE FEET LAND ESTIMATED TAX CAPACITY CONSTRUCTIOt�t VALUA7ION 7AXE5 PAYABLE ESTIMATED TOTAL TAXES TOTAL SQUARE FOOTA6E AVERAGE TAXES/SQUARE FOOT OFFIC£/RECEPTIOhJGENERAl. AREk.S SQUARE FOCITAGE TAXESjSQUARf FOOT - BUTIDING TAXESISQ�IARE F00T - LAND TAXES/SQUARE FOCIT - T07AL ,t�1LT2-PURPQSE AREA SQUARE F007AGE TAXESJSQllARE FOOT - BUI�dINfi TAXES/SQUARE F00T - 11�ND iAXESjSQt1ARE FIX}T - TOTA� INFLATION PAY 1992 TAX RATE ADMIN CI7Y RATE QEVELOPER RATE NET FISCAL DISPARITiES FACTQR 0 . EXHI" A ASSOCIATEO Bt1REAU5, INC.JCITY OF MENDOTA NEI�F{TS, MINNE50iA � a 38 65,d00 3.40X i443 1994 1995 65,000 2.33 �—. r 25,OOq 2.75 0. 50 3.25 40 O�p0 �'`---'E : 25 0.5q 1.75 (PAY 1496) 6/1993 12I'3492 4.60R FREPAREO BY CASSERLY MdL71�HN & ASSOCIATES 0 3,204,353 2,499,353 710,400 146,030 a 151,410 2.00X 1,03684 5. OOR 6.00R 9.50X 32.00X 23-Ju1-92 ' �k ANALYSIS OF EXHIBIT A ESTIMATED TAX CAPACITY It is estimated that the tax capacity of the office complex as o£ January 2, 1994, for taxes payable in 1995, (assuming completion of the construction in 1993) is .$146,030. This estimated tax capacity assumes that b5,000 square feet af building are constructed wi�h an average marke� value of $38Jsquare �aot for a building market value oi $2,499,�53. The market value of the land'is es�ima�ed at $�10,000, for a total estimated market value upon comple�ion of building and land of $3,2Q9,353. CAPTURED TAX CAPACITY This value is determined by deducting the original tax capacity {current tax capacity} from the estimated tax capaci�y. In this ins�ance the original tax capacity is $0 (per the City's Finance Director} because i� was classified as tax exempt property when the TIF District was created. FISCAL DISPARITIES The net fiscal dispari�ies factor, based an the City's cantributian and distribution iarmulas, is estimated at 32.00� by �he City's Finance Director. Approximately one-third, or $46,730 of the TSF District's captured tax capacity is set aside as a contribu�ion to the seven county area wide fiscal disparities pool and twa-thirds af the actual eaptured tax capaeity is available for the tax increment calculations. ESTIMATED TAX INCREMENT � Tax increment is calculated by multiplying the captured �ax capacity by the City's tax rate. Because �iscal disparities must Eirst be deducted from �he captured tax capaci�y af the TIF District, only twa thirds o� the captured tax capacity {$146,Q30* 2/31 �r $99,300 is multiplied by the City's pay 1992 tax rate of 1Q3.684� to determine tax increment. The result is $102,959 in annual tax increment or $51,479 in semi annual tax increment. ADMIN EXPENSES It is assumed that 5� of t�e �ax increment genera�ed on a semi annual basis will be retained by the City for administrative expenses. AVAILABLE TAX INCREMENT The tax increment available for the project is the resu3t of deducting admin expense� from estimated tax increment. Semi annually this estimate is $$48,905. The attached scenario assumes that the City provides ABI a $500,000 City advance up front and a principal amount of $196,150 on a Limited Revenue Note over twelve tax increment years (1995 �hrough 2006j. y This Gi�y advance of $500,000 is mad� from existing the time a Cextificate of �ccupancy is issued by the City reimburses itself, with 6.0� interest, fram tax it is generated, See the following three columns un ADVANCE. City funds City. The increment der GITY CITY REPAYMENT Almost 60.Q� of the tax increment generated is used over a twelve year period to reimburse the City for its $SQO,OqO advance. Total repaymen�s af $785,094 include �he pra.ncipal amount of $SOQ,000 and interest at 6,0� of $285,09�. PRESENT VALUE ANALYSIS - SEMi ANNUAL This figures represents the principal amaunts of the total repayments. Over a twelve year periad they total $500,000. PRESENT VALUE ANALYSIS - CUMULATTVE This column is simply a cumulative total of the preceding semi annua3 ba3ance calumn. a� as In addition to a$5Q0,000 advance at the time o£ occupancy, the City would also provide ABI with $196,150 through a Limited Revenue Note at 9.5� interes� for �welve years. See �he fallawing three calumns under REVENUE NOTE, DEVEL4PER PAYMENT .Appraxi.mately 31.Q� oE the tax a.ncrement generated is usecl over the same twelve year periad to provide ABT the Limited Revenue Note. Total payrnents are estimated at $409,563, which includes the principal amount of $196,150 and interes� of $213, 413 at 9.5�. FRESENT VALUE ANALYSIS - SEMI ANNUAL This figures represents the principal amounts of the total repayments. 4ver a twelve year period they total $4Q96,563. PRESENT VALUE ANALYSIS - CUMOLATIVE • This column is simply a cumulative total of the preceding senni annual balance calumn. BALANCE OF TAX iNCREMENT Approximately 9� of the tax increment generated may be retained by the City for use in its development activities within its Development District. (Jver �his twelve year periad, the funds are esti.mated at $117,191 . A8I4 PROP6SED ABI DEVELOPMENT: DISTRIBUTION OF TAXES [...T4TAi. TAXES PAID...] PAID 30 SEMI ANNUAL f�X�9ULATIVE TAXING DATE BAIANCE BAIAElCE EM'ITIES EXHT � B ASSQCIA7ED SUREAUS, INC.%CITY OF MENDOiA HEI�hITS, MIPlNESOTA [....PAID i0 CIIY....] PAId TO ABI 2 OF ApMTN DEVELOPMEN7 TIF ASSIS7ANCE TIF ASSIS7ANCE FEES PROGRAM AOVANCE & NOTE i0 TOTA� iAXES 6 1 i992 12 / 1992 6 / 1993 12 / �993 6 / 1994 72 / 1994 6/ 1995 75,705 75,705 24,226 2,574 4,369 44,537 58.83R i2 J 1995 75,?05 15i,410 24,2P6 2,574 4,369 44,537 58.$3� 6/ 1996 77,219 228,629 24,710 2,625 4,456 45,427 58.83R 12 / i996 77,219 305,$48 24,714 2,625 4,45& 45,427 58.83X 6 I'i997 78�763 384�612 25�204 2�678 4,545 46�336 58.83X 12 / 1997 78,763 463,375 25,204 2,678 4,5�45 46�336 5@.83X 6 1 1998 80,339 543,714 25,708 2,732 4,636 47,263 5$.83X 12 / 1998 80�339 624,053 25,708 2,732 4,636 47,263 58.83X 6% 1999 S'1,946 705�348 26,223 2,786 4,729 48�208 58.83� 12 / 1999 81,946 787,944 26,223 2,786 4,729 48,208 58.83R 6 J 2040 83,584 871,528 26,747 2,842 4,824 49,172 58.88X 12 / 2000 83,584 955,173 26,747 2.842 4,824 49,172 58.83X 6/ 2001 85,256 3,040,364 " 27.282 2,899 4,920 5Q,155 58.83� 12 / 2001 85,256 1�125,625 27,282 2,899 4,920 50,155 5$.83� 6/ 2002 86,961 1,212�586 27,828 2,957 5,018 51,759 58.83x 12 1 2002 86,961 1,299s547 27,828 2,957 5,018 51�i59 58.83X 6/ 2003 88,700 1,388,248 28,384 3,016 5,119 52,182 58.83X 12 j 2Q03 88,700 1�476,948 2$,384 3,016 5,119 52t182 58.83X 6/ 2004 90,4�4 1�567,423 28,952 3,076 5,221 53,225 56.83X 12 / 2044 9Q,474 1,557s847 28,452 3,076 5,221 53,225 58.83� 6/ 2005 92,284 1,750,181 29,531 3,138 5,326 54,290 59.83X 12 / 2005 92,284 1,842,465 29,531 3,138 5,326 54,290 58.83x 6 j 2006 94�130 1,936�595 30�121 3�200 5�432 55�376 58.63'd. 12 / 2006 94�130 2,030,725 30�121 3�200 5�432 55r376 58.�37. ------------------------------------------------------------------------------------------------------------------- , 2r030�725 2�030��25 649�832 69�045 117�191 1�194�657 58.83,7. PREPARED SY GASSER�Y h1�LZAHN & ASSQCIATES « 23-�u1-92 e ExxrBxT c PRC?POSED N(?ISE RELATED AND SITE IMPRC?VEMENT EXPENSES Soun.d Masking System - White Noise Glazing/Architec�ural Aluminum Standard insulated window units STC 36, upgraded ta 1-1/4" laminated insulated glass STC 46 Super Structure Framing Roof Standard s�ructural. columns%beams steel joists metal roof deck, upgraded ta 8" grecast concrete p�ank with 4" ligh� weight cancrete topping STC 55 Exterior Wall Additional framing required to crea�e larger air space; STC 55 Outside Telecommunications Anti-interference cabling to of�set airp].ane traffic interference an users computer system Retention Pond S�orm sewer Grading Landscaping Upc�rade TOTAL $ 39, 000 57,$00 324,350 25,OQ0 13a, Op0 10,000 �a,aoo 5Q,QQ0 $696,150 '� r CITY t3F MENDGITA 8EIG8TS �a� • August S3, 1 92 To: Mayor, City Council and City From: Subject: Admini a Kevin Batchelder, Administrative As i Twin Cities Celebrity So�tball Clas�ic Request �.o Reserve Mendakota Park - June 12, i99��i DISCUSSION Ma.�t B1air Celebrity Promotions a.s interested in hos�.ing the 1993 Twzn Cities Celebrity So�tball C1.assic at Mendakota Park on June 12, 1993 and has requested a reserva�ion for that date from the Ci�.y. The Celebrity So�tball Classic draws proiessa.onal. athletes from around the country to compete in sof�.bal1. for one day in orcier to raise maney ior a designated charity. {Please see attached Augus�. 6th memo and packet o� information regarding the Twin Cities Celebrity Softball Classic,} , Ms. Amy Rothbauer and Mr. David Hornek, of Matt Blair Celebri�y Promotion�, met with the Parks and Recreation Commission at �.heir August mee�.ing to seek approval for reserving the park on June 12, 1993. The Parks and Recreation Cammission had a lengthy discussion on the use of this facility by charity groups, by for- pro�it groups and by other external organizations. This discussian focused on the lack of a City policy to handle single event 'tournaments. (Please see August minutes for discussion. of this issue . } The majority of the �ommission felt the City needs a tot��ament policy that can be applied consistently to all external organizations for �he reservation of Mendakota Park. While the City Counci]. recently adop�ed a reaervation policy for the parks, the reservation policy does not incl.ude the necessary contingencies for tournaments, which create a heavier use of the park than, say, a company picnic. This tournament policy should consist of: 1. A user fee in the area of $300 to $500. 2. A field maintenance fee to cover sta�f time and cost�. 3. A �ecurity/damage deposit. 4. Proaf of liabi.lity� in�uranee. Under these guidelines, �he Parks and Recreation Commission felt that the City could consisten�ly handle these �.ype� o� request�. In regards to the request by Matt Blair Celebrity Pramotions, there are many details ta be worked out including extra parking, extra seating, and securing the park access for admissions. Matt Blair Celebrity� Promotions has inclicated tha�. they would prefer to have the Fire Relief Assaciation operate the � concession stand during the Softball Classic. RECOI�IlKENDATION The Parks and Recreation Commission voted 4-1-1 (Huber nay; and Kleinglass abstaining) to recommend that City Council approve the request to reserve Mendakota Park for June 12, 1993 for the Twin Cities Celebrity Softball Classic with the understanding that a City tournament policy will be adopted including: 1. A user fee of approximately $300 to $500. 2. A field maintenance fee to cover staff time and costs. 3. A security/damage deposit. 4. Proof of liability insurance. ACTION REQIIIRED If the City Council desires to implement the recommendation of the Parks and Recreation Commission, they should pass a motion reserving Mendakota Park for Matt Blair Celebrity Promotions on June 12, 1993 and directing staff to work out the necessary details for hosting this event. Council should also pass a motion directing staff to prepare a Tournament Policy under the guidelines stipulated by the Parks and Recreation Commission. � � � RUG 12 '92 15�34 MATT BLAIR CELEBRITY PROMOTIONS � � Malt 81air's —� � .i ", i ' d1 1� � / I I �' .� � ,1 i ; � : : .._�aJ-- August 12, 1992 Mr Kevia B atchelder Mendota Heights City Ha11 1101. Viccoria C�rcle Mendota Heights, MN 55118 Dear Kevin: r � � i a , ,..r .� ._ � _ .. ... _. _i ._. . ..r . ' ...a I would like to thank you for allawing us to attend your Pazks and Recreation Commissions'meeting on August 11, 1992. P.li2 T will outline the results of the meeang and what Matt B2air's Celebrity Promorions would need to provide in order to reserve the field for next's year Classic. . � Pay usage fes for fields and pazk of approxin�ately $300-500 (this fee will be researched. hy the commission seeing that there in no fee at this cuaent tirne) . � Field maintenance fee � Security deposit (to be named later) . ..._. � Show verification of liability insurance Before an agreement is made between the Ciry of Mendota. Heights and Matt Blair's Celebrity Promodons, we (MBCP) r�equesc chat all charges be defined in the exact amount. 'We understand rhat this is a new procedure for the Parks and Recreation Commission but, I believe yau understand our position in needing the amount to set the budge� The motion that was brought to the cable was passed 41 and we are very happy at this outcome. I understand that it will now go to a vote at the City Council Meeting on Tuesday, Aug�st 18, 1992. Would you r�quire my attendance for this meeting? If so, please coniact u�e and I vvill be happy to attend. Post-Et'" brand fax transmittal memo 7671 n at peae$ ► �uc, I,>rc1 cicz_fcls�- ar�r(1��4- �erG; 6r.�i �5 � 200 West Highway 13, Suite 210, 8umsville, MN 55337 (612) 895-5594 FAX #(612) 895-8a36 � AUG 12 '9� 15�34 MATT BLRIR CELEDRITY PROMOTIO�S P.2i2 After the City Council has made there decision, i would like to spell out the needs of the Classic in greater de�vl. Kevin, again, I thank you for yaur timme and laok forward to hearing from you saon. Sin ely, - 11 t / � ` �my R thbauer Event Ccrordinator Matt Blair's Celebrity Ciassic (f11�/a Twin C�ties Celebrity Softball Classic) ALRljch m To: From: Subject: CITY OF MENDOTA BEIGHTS �� � August 6, I992 Parks and Recreation Commission Revin Batchelder, Administrati tant Twin Cities Ce'lebritp Softball Classic Request to Reserve Mendakota Park - June 22, 1.992 Matt Blair Celebrity Pramations DTSCUSSION As discussed last month, Mr. Matt Blair is interested in hosting the 1993 Twin Cities Celebrity Softball Classic at Mendakota Park on June 12, 1993. This tournament draws professional athletes from around the country to compete in softball for one day in order�to rai�e money for a.designated charit�r. Mr. Blair.has visited Mendakota Park and is interested a.n using �.he site �o host his tournament. In 1992, the Celebrity Softbal.l Classic donated �Ghe proceeds to The Second Harvest National Food Bank Network. Mr. Blair has stated tha� the deaignated charity for 1993 would be the Cities and Schools Scho3arships� program whi.ch provides scholarships ta disadvantag�ed youths. .{Please see attached package submitted in request of next year's reservation.� � As you will•note in the cover letter, Mr: Blair's organization is requesting certain 'field location needs .and he is correct in st�,��,,,ng that many details would need to be ironed out i�f his reservation is approved. Parking, seating and securing the park for an admiasions only entrance would need to be glanned for. The Fire Relief Associa�ion has indicatad a•deaire �.o operate the concessions during such an event. Mr. Blazr in.dicated the crowd in Tahpah Park in Shakopee for this �rear's event was about 2,000. ACTTON RE4UTRED Conaider the request by Matt secure Mendakota Park for the Classic and make a�recammendation 1{ ��^-4` � _ t Blair's Celebrity Promotions to Twin Ci�ies Celebrity Softball to Ci�y Council.. ��� � _ a��,-�,^ 3 - ct, � � rLr �rf. t.��b.�.�- �,t�,�.�E.��`i ,�- m � Matt Blair's ; �;� ' ; :.��..::,..�.� ' ' Mr Kevin Batchelder Mendota Heights City H[all ].101 Victoria Circle y y Mendota Heights, MN 5511$ Dear Kevin: ' � ! f E .! ' , � . ! r � � � � ,: � .�:..,� July 22, 1992 I wonld like to apalogize for t:ne delay in getdng rhis letter to yau regazding the fields that we Iooked at on July 14th. , Mendakota Park looks very nice. The layoat is perfect far the Twin Cities C�Iebrity Softball Classic0. I appreciate you taking the time out af your busy day to take us over and get a look at this great location. I understand that at this time we are waiting far approval from the council on the rental of the fieids. I wo�ld Iike to however, Iist in some detail our needs far the Celebrity Softball Classic. !� . Field Location needs: * Adequate Parldng * Bathraams * VII' Tent Space * Electriciry * Concessians - * Muld-Fields *�bility to secure access to one main area * Public Seating This gives you an idea af some of aur basic neecls for the field locatian. O� course, we will need to iron out some detasis as we secure the field location but this is the criteria .t��t we are laoking for at this time, � '�' In our canversation, you mentioned that a decision will be made on August 18th regarding �he use af tli� field for ihe Celebrity S�ftbal� Classic. Please con'tact me as soon .. as you I�ow sa thaC we can t��k oVer the de�uils. . � . . If you have any questians please feel free to cantact Amy Rothbauer or myself and we'll be happy to help ypu. I Ioak forward to hearing from you soon, Since : j . . .�j�, i' i�` ,, /y// �µ J G�L��1.K, F��./� 4..ii _S Executive Director Twin Ciries Celebrity Softball Classic 200 West Highway 13, Suite 210, Bumsvitle, MN 55337 {6#2} 895-5594 FAX #{6'f2} 895-8436 e ; ~ y � Twin �i�ies Cele�rity� Softball Classic�'J , �-`�� ,�une 12, l 9 9 3 � l��en a ota Par� R�Iendota Heights � _ � ' Minnesota vkingslWCCO-N ` _: .. —•� -� � , _ Minnesota TimberwolvesJiCFAN-AM oecra�c Red w�sncoo� yoa . ,;•,: . �t., i�7. , r�,. . i,, K.�,-" Washington Capitals/iCARE-N.y'� .� ' . .� CihlCdgO B@8l5�K.S95/KSTP T/ . r � rn r � � � �I y Sp F T g p,�,�. AWA AII-Stars/St. Paul Pioneer Press New Jersey All-Stars/Star 96 Philadelphia Flyers/fCDW6-FM Green Bay Packers/SfarTribune l �V r i��• . • .i... -' . Pittsburgh Steelers/93X-FM� ' SECOND ANNUAL TIMN CITIES CELEBRITY SOFTBALL CLASSIC -� .� � .� � � ; June 20, 1992 �� � - .K� r.�.Tahpah Park, Shakopee � ;MN _ .: -.•:,:��:;f;-�.�--.� `�t:° . .. � �:f� � . -� . • -_ � � Come Jain top athletes from your favorite sports teams and media personalities for a family day filled with. � � �� : food, tun and entertainment Watch the �� . games, compete in the Home Run Derby� enjoy entertainment, and meet .= the players. Proceeds from the '� `. ,. toumament will benefit the Second �, Harvest National Food Bank Network and For,al member food banks. ., , , . _ - � : �. , Entertainn+e St by ; �_. T& �the . �, p�cni� rs� i/itie , . Wa f ae s .. p�aygro4nd . , �._�' :� . :a �`'�onie qv : i;�:,. Min�eso �e�bY fo;:': .. Seco � 7�'s'jns � SeasOh Tick ts . , - • :� .. • • , • - - -.;-� � _ � . --"°"'°°�;;�- .-••�.�., F,Y Schedule of Events: 8:30 A.M. 'Play BaIP :' 9 A.M. 2 P.M. - Home Run Derby _ •� Competition � 3 P.M. Celebrity All-Star Game '�, 4 P.M. Home Run Derby Fnals � 4:30 P.M. Championship Game Advanced Tickets Avallable �- at Reduced Pric�s: $Z stude�rts, $'250 adults, $8.50 famlly of 5. � - � Shakopee Chamber of Comme�ce � • • Bill's Toggery • Marquette Bank - Shakopee • Paricside Printing • Citizens State Bank • Amzak Cable • Shakopee Tire & Auto • Barens Ma�lcet • Juba's'- Super Valu • Cleves Red Owl ^� ...4. •: .: . ' .: �. w:J���1� . � Tickets at the Gate: �� � :� � $2 students�l8 and under, �� :�;:. � � $3 adu/ts, $10 famfly_of 5. ' ;�:'" = All spectators are asked to bring a� canned good to support Second Harvest . . :. _ . .� -.....y� .. ec0 d � � , . . � . .�. .... I�rve�� �- .. �j .1•' _ Double Eliminatfon Tourrrament -:'� """°"'" `°°° "'"� ""'� '= . ^L All Teams Begin Pla'y af 8:30 air%'- � .. .�� --� • ':q :'':,y',�:.��,ti:.i^"�L?;:':';�:�' • .:. � ... _.. _ :.:+«`�ia..cv_w.3s�i�:xi.`.i'.'i%:�-� . � � .. • f'�Yr`�'��?�'Nrjr.![.�_;. . .�i • " . 'f��� T! .'-Y- ..�. ' . .. . .w:.!��:�—'<.:.:3...._. . • , • � , �.' • . • . . • ffe for Suites at: Ra T�mperwolves Twins . � � �/;lcin95 G Ph r FpO�� � Sponsored by: Air Freight Unlimited ,.• American Airiines • Budget Rertt A-Car • Cub Foods • Dayton's • Golden Valley Microwave Foads, Inc. • Lever Brothers ' • Minnesota Twins • Minnesota Vkings • Proex • Radisson South • S� Paul Pioneer Press • Target • Ticketmaster • Travelers Express • Zubaz, lnc. . A Matt Blair's Celebrity ��. . .. �. Promotions Production " � ��� • . �::.YtI.-.Ys�-� ;; �ti: � � _ . " � � � For more �information�' Call: 445-1660 ��� :► ' �' `. : � - ' � . . : See reverse side fori •+i�" • , • . • � .., � 7' �� ... ��....., .'' � �_- . G� V~ 4 � � � � c��a .. . . ��: . . . .. �: ... ,.. ../� �_ . . �� .:: -.�.: .. �� � .... s. ':� ��.�� u ': ,� `!�;�w� �y�� ���� �` ��: • �!1 . • � r ' � .r �fr'::'^:..'1'�.:' .�r..'tt„i'+.,: � ' � : e . . A � � IIR V • ., tX• . r..i�;�y. ' F`F!+ '/ . , . ��� . , f ':v . . 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Lot� ..,''. ♦ � ' ,� � � PieJ� SCiiOCit , _,___,,,_„_,i,'� • Q SWIMMlNG •; • . .: . `� � � } - . � p001 �Z • . � r•. � �� r3 Fieid � �� s , � � �1 ����;,��s y�o �,�,, . . • ''� : _ � f �� FHOM Et3EAI i'FiJtlRlt`-:£}:. . s . ;' CFiJITtfiJ4SSEN • � ' .. '• F# 3 COUiiYs 4� • ` � ..;��;;;;�:��_; � . r a:�r�, r.�;„ ._ ' ,;'•t; FROM � ;,��;:�.t± �py i;.��:<,.;�,�,���;�s;. ��.ri � ,,. . �.,....... ._. „ ... _ —h...» CNASKA ...x.�.,y. ?t2 , »»., '.-'�;} �.,' . � �y . � ���;a;;,..'�:` . �' � 7 : , , ' ?t2 ,.<: t � . .. . �:fa?,; i� �,` . w �' `�M1��- r:A�'_:c�� . Jo- , , • ,'. ..':•'.^� FAQM8UHt+lSYI �'�` i:x ��o �� A ; . , ; ' , :: •,•� �p� Y ai . r ANDSAVAOE�,���.� , • � t • . : ' tq1 r 13 �;'t'� i ` ' , ' • :.y � . } , • t }.y�.;. •F#i e � .. � . . � • � � : � s� ,ce �� �,� . ,� � . •.�`.:._',... iAH AH � . . � � . , � ° u� . � �'� sa � •� . PA�K F#f 2 . :' � .c � . ,r � .�� . . F#lS . ' , . � t � ` � , " NEAQ'OUARTERS ' � . � �' � FROM , 707NAYE,�� «2 '.; :... CONCESSl�NS ' • " ' . : ;:; ,lOADAtrt ' ' ' '' �•' E "!�•''�:'•; " ' :., � OA ? , �2 , ';�,. ; � � • FIEI.D � � " .` � .�:� '�: BELLE Ft.J11h?E • . ; . FROtrt �� ''4��,- ; ., , �;, � PAIOR tAK��UANSY1l'44•:; .a . . . . , • . � , . , , �w , ,' �:�:�:;�; ..•. _,:�`i�,:�����;.•� , , . . .. . � ... . .,�';f#. ' "�},u'r,, i . . ,. . , , .. ..».... ..• r . .. ....».. ..... . ..,:�,�i',;d.% ,t�,.,..rS;�:'� � , ' ,,�P, • . • ,n.�<'�•�`•il�yy� : t" . .`k"i��^ y.� ,�i�t_i'; _ " -f:`;?;=tk�:'�� sr'�',�f:t1 . i� :i5"i r: :. ; o�� �� bt'�'� S�� Cid,� �� �.c '�� b2� � 0,14�2 Sp'�: y,���o4�"� ��,�� c� riFs Z � .l""'� �� � sEco�oA���A� ����c���EscE������� so����ccc�ss�c Saturday, June 20 at T�hpah Park, Shakopee Admission at the gate just S2 for aduits, S i for students 7 to 18. with TREA.TSEATS�, coupon wirhout coupon. S3 for adutts. S2 for students. CYiildren 6 and under frc:e .`-_.�y`_` ' �e�"1 ?' • �O�d � `�_. � �X��s �e ��, ---� r sa�'da b� CI leb�'It.Y ahp� 3r, J�� '�S'IC .p� � shak��992 .�,.c,. ' �'.tt1t' G��s���re,`' A��,`�' �yPl�ztrc� �� a-�z. e,�ebn �vo,� uuch �q� °�� R,�� � � � ��e �s "" - _ �°� $A`'�Ph,�.�, f���'�S$1�� s to g SO d �lt �Ae°p1�.3 or a3' B s�Oa�� k�Netk,° � �� � • j Twin City Celebrity Softball Classic Celebrity List Minnesota Vikings 3ohn Tctzner Randall 1VIcDaniel Terry I.eCoant Terry Allen Ivan Ceaser Greg Manusky Tripp Welborne Minnesota Timberwolves Sidney Lowe Sam Mitchell Scatty Brooks Mark Randall Geratd Giass Dong West Jim Br�ewer Jay Jenson Chicago Bears � = Kenny Taylor Shaun Gayle Dan Rains Jim Osborne �'�cane Keys Green Bay Packers Daryl Ingra��. Lester Hayes Llarrell Thampsan Paul McJulian ,r y WCCO»TV Mike l�tiller Brian Rhades Tom Ziegter Michael C. Cannelly KFAN-AM Gregg Swedberg Sccytt Frasen Doug 7ohnson Dave Hu�`mian Mark "Z„ �lndrea Munster �4lark Ginther KSTP 34�ike Di�rant Grace I.arenzi Dave Dahl Joe Schmit Eric Gislason Gary Lumpkin Star Tribune CJ T'im Labatt Herb Crawford Noel Hoiston Jenni P'inkiey t P AWA Steve Olsenowski Doug Fisher Pat Johannes Jim Brynzell Chris Short Dave Zuniga J'im Richazdson Gordy Morgan New Jersey AIl-stars Wesiey V�aiker Randy Reutershan Ai D'ucon Marvin Powell Byron �iunt Reggie Hammonds Tim Bassett � - Washington Capitals Tim Bergland Uon Beaupre .S�.v,e Tippet Nick Kypreas .� �y Shawn Chambers �- Ken Sabaune Philadeiphia Fiyers Cory Foster Mark Fzeer Tony Smith Kerry Huf6n� L�eon Friedrich Chuck Havonic Bill Amistrang Gary Smith y r Pioneer Press ' Tim I.eighten 7un Wells Nck Ca%man Ray Richardson Star 96 Mike Edwards Russ Bohammond Don Anger Trish Gumnaings KARE 11-TV Steve Carmll Cara. King Bob txippa Ron Stover : *' ; Bobby Wilde Bic Barnet Michael Kaight Z�ee Valsvik Kevin Collins R , �! r� � � Minnesota Sporfs Stars Rufus Bess Randy Halloway Gerald Robinson Lance Wolkow A.ndy Kratochvil Fred McNeill Carl Hilton Mark Mullaney yr Pittsburgh Steelers Ron Miller Dwight Stone Louis Lipps David 7ohnson Jerroll Williams Dermomtti Dawson � Waaen Williams Celebrity All-Star Game Matt Blair- Fomer Vildng Greg Coleman- Former Viking Dave Moore WCCO 7ohn Castino-Foimer Twin Walter Banks KMOJ Dorian Flowers-KMOJ John Mueller-Shakopee Valley News � 7ohn McC�ae Shakopee Valley News Donuts-KS95 News Director Perry Williams-Sparts Anchor KMSP Jeff Gerbino-Comedian B�bby Vee- Rock N Roll Legend 7anet Mason-KARE 11 Stretch Billy McKinney SPONSOR TEAM Dennis Countryman- Barry Stock Stew Widdess- Mike Minich Larry Norder Nick Ueber 7ill Naasko Jim Bill Mark McQuillean KOOL-108 Mark O'Connell Adam Abrams Don 1Vfichaels Ann Licator Katie Lee Colleen Taylor 93X Tom Meyers Todd Ramsburg Hunicane Wayne Lagretta Stegner Sari Kim Northiup Tournament Fxecutive Director Cub Foods Shakopee Chamber Dayton's Fioneer Press Air Treight American Airlines Target Travelers Express Shokopee Chamber � � � :,. � � �� t ��I�� . I����� V . � �� . �►.� �he Se nd � � � � • . . � �� co A�z�.�.al T��n �r��� �eleb�i �afiball �las�rc. . + The Saint Paul Pioneer Press is again proud to be a gold spansor of the Twin �• Cities Celebrity Softball Classic. On June 2Q, catch your favorite athletes from the " AWA, NBA, NFT, and NHL compete with locai �media personalities in a double . elimznation tournament at TahPah Park in Shakopee, I�ZIV. The proceeds �nrili benefit Second Harvest D,t,ational Food Bank Network and local member faod banks. ' �� .. �1 `t� C J T � //����� � �F� � �/ '� h �i!"� k� , �� � . � ��\1�11� ���1N • �� : tt� �1:, , .,.ti. n�, �r',--��,��`. iil���� j �c �� . f"' �y •^ � ��,'�� j.'%i j �• v r%�' ' �� �1/�/?r' v3 � fj; ffi ��� �! / . ��� v� / != ,� -�j, ;�' - _� � � � .;, - � • ' ' �ilr�' �., �" � �' % j � •, � � ''`•�%;, i. �'• SpFT�ALti � �F � , _ .�`�.;;1� ! . ... : .. THE DAY� �LINEwUI':� � � 8.30 a.m. 9 a.m.-2 p.rn. 3 p.m. 4 p.m: � 4:30 p.m. "Play Ball" � Home Run Derby Competition Celebrity All-Star Game Home Run Derby Final Champibnship � Teams competing include: Minnesota Timberwolves, Minnesata Vikiitgs, Chicago Bears, Green Bay Packers; Piitsbwrgh S�eelers,� Detroit Red Wings, Philadelphia Flyers, Washirigtor� Capi�als, New Jersey All-Stars and AWA Al1-Sta�rs. � � Watch the games, compete in the Home Run Derby, meet the players and enjoy entertainment by The Vees and others duxing this day of family fun, �� � Acivanc�d tickets are $2A0 for shzdents, $2.50 for adults anc� $8.5Q for families of five. Tlle tickeis are available today at several area locations. Call 445-166Q fo� rnore information. i3e sure to bring along a canned food item to additionally help support Minnesota's foocl. banks. S��un�.�red t�_r•: Air Freibht Unlimited • American Airiines • 8udge# Ttent A-Car * Cab Foods •.Daytan s• Goiden Valiey"; . �Liicros�•�iee Fvexis, tnc. • Lever 8rothers • Minnesota Twins • Minnesota Vikirigs • Prcex • Radisson South • Saint Paul -•.. • ' ' Pioneer Press • Target • 'I icketMaster ••Travelers Express - . ' " A Matt $lair's Celebrity Promotions' Praduction . SAiI+TT � ,...�F PAiiL•--�- � � � / � �� � �r. S � , �,�a�,c, i��c,�u�� .��; -�s � �T+H-�� . M�y � Z�, I�i � . . "i c� TIES 'N' TEES � FC?R F1�THER'S DAY � T �I.�! � �1:..J Hundrtds of tics rcgulart� yo $75, now $19 � s29; Maru�o s�gnat�erc cotton tr�es now s19; Count�css TV1ara cotwn bknd goi� shirts, now $Z9. GAl'.IFRIA 9253424 �� At Hat,f Price Books we have the very best selection of today's new :.:�: gift books, all at prices remirusceut of yesterday. You'll find hobi�� :=: f boaks, reference books, and just plain fun books. We always iiave" �,`- the best selecction on eveiything from art and architecture to �•::��;. zithers and zoo1ogy. Visit Half Price Boaks today and pick up �- same great new books at old fastuoned gricxs, _ �lALF RECURDS� ' �: PRICE ��� MA�AZIlr1ES -� `=� . ����� -. : MIRACtE MiCE SHOPPtNG CENTER • 5011 E�u:etsiar Blvd. • 922-2414 .: � . NIGHtJ1Nd VILLAGE • 2041 Wrtt Parkway • 699-1391 • . � . : MARLEWOOD • 1731 Beam Ave. • 773A63i • A!! sto�es open 9ant-9pm Monday Saturday+lQam-6pm Sunday . GIVE THA� SPEC�AL SOMEONE A GIFT QERTIFICATE.. �, .� �= Come watch . . ai( your favorite all-star athietes nnd med�a pe�sann(itles ccme to bat at ihe Twin tities teie6rity 54{��1C�� ��SSiG WheCe: lahah Pn�fc, Shokopes, Minnesata When: The games 6egin at 8:3d a.m. The championship game kicks-off Qt 4:30 p.m. Proceeds benefit T6e Setond Narvest National Eaad Sank Netwotk and lacal mem6e� faod 5onks. �; rn r fi � . .� �N C1 Ti,. r..,f.�,.� � SOFiBP�" � � 4 JUNE 20, i992 � FOR MORE INFQRMATION CALL 445•16b0 •TItKEiS: � STUOENTS - $z ADUlTS --.$3 $:3Q p.m. Awards teremony and patty ut Williuin's Night �lub Join Teams �ram: Philadalphia Flyers/KDW6-fM {hicago Sears/KSTP-TV Green Bdy PorkealStar Tribune Minnesota Tim6etwolves/KfAN-AM AWA A!!-Stars(St. Pau! Pioneer Press ' Mionesata YikingstWttO-TV �s�s spom sto�Koa� taa Washingtan (npitais/KARE-TY New lersey Al!•Siars/Star 46 St. aa�a Pittsburgh Steelers/93X-FM Sponsors: Air f�ight UnGmited, American ti�ines, Cu6 foods, Daytan's, Golden Yalley Microwave Eoods, Int., levec Brothen, MN Twins, Praex, Radisson Sauth, St. Fanf Pioneer Press, Target, Ticketmaster, Travelcn Express, � Zu6az, Bndget Renl-A-far, MN Yikiags, !DB Intematianal. '@s d a 6 7 Q�rBoad in c»rui�renraC U.,S m�ljc �1�2Autiwra,�dMem�d� Baizlkalns . • � . 0 E � � Come watch . all you� favorite all-star athletes ond medi� par�oaaiities tome ta bat at The Twin Cities Celebrity S0�#6QII CIQi51G + 11Vhere; � Tahah 7'ark, Shakopee, Minnesota IlVhen: � . ihe ga�es begin at 8:34 a.m. The championship game kicks•off at 4:3Q p.m. Proceeds benefit the Second Narvest Nationat Food Bank Netwp�lC and (otal mem6er iaa� 6anks. � �,1 �N C� T/ '� .�'..�Z�%��S t'lf �%j � � ����I`" V � �;��j I�► � '� � �% �' ° a�� � �� Q' '�,,,�.'��r�;, �: /ri� �� ��� jr`fr�f'� �. S�FT6PL ; 1UNE 20,, i992 � - . FOR MORE INFORMATION tAtl ��5-ib6Q . . • TIfKETS: . SiUDENTS — $2 ADULTS -- $3 8.30 p.m. Awards teremosy and party at William's Night tiu5 . , • . . �.�..�, �oin Teams �rom: Philadelphia flyers/KDWB-fM Chitaga BaQrslf�St�-tY ' Green Bay PackerslStar Tribune Mi�nesata tim6erwofvas/KFAM-AM AWA Ai1-StorslSt. Pbut Pioneer Press Minnesota Yikings/WCfO-TV , MN Spo�ts StarslK�OC 108 • Washington fapitals/KARE-TV llew lersey All Stars/StQr 46 St. Qo�d Piits6urgh Steelers/43X-FM Sponsors: Air Freighi 0nlimited, Amerioan Aifines, Cu6 Foods, Royton's; Golden Yalley Miaowave faods, (nG, tever Brothea, MN Twins, Praex, Radisson South, St. Paul Pioneer Ptess, iarget, Ticketmaste�, Tmveler. Express, Iubaz, $udget Rent-A-iar, h!N Vikings, tpB lnternationa(. ' i stance, but the three Guth�ie plays are dominated by women, albeit women who. �ccording to Isabett Monkf wha portrays Clytemnestra in all three, "are ridiculed for being strang and have teamed to #hink ltke men " . . Ait three piays are woven together, piays aboui a singte famify, the HQuse of Atreus. which ts being tam apart from wi#hin. The family merribers aren't gods, as Monk said, "They're people, like in Che- khov or August Wilson, regular hu- ma� beings caught in exfraardinary circums#ances." 'i`he first pfay centars on the deci- siiar� by Agamemnan,.,xpe leatler o€ the G�eeks and patriarch of the famity. either to sacrifice hr`s be- loved daughter iphigene'sa so the gods will allow the Greeks to con- quer Troy, or ta save her and give up the battle. The famHy matriarch Clytemnestra feels the war with Troy isn't worth her daughter's life. Sut ihe gods' wilt and ihe G�eek sense of dastiny pul! heavily aa s Agamemnon. Iphigeneia resoives the probtem by affering hersetf as a sacrifice for the greater good of the Greeks. years iaier �nrith the Greek army victorious at Troy and retuming home. Ciytemnestra� who has tak- en up wiih Aegisthus in Agamem- non's absence, seeks revenge for the death of Iphigeneia. She mur-' ders Agametzznon and announces that justice has bean served. "Eiectra" takes ptace aight years later. Orestes. son az�d heir of Aga- memnan. has been raised in exile, ' bci# naw secre�y retums home. He finds his sister Etectra grie�ing for her dead father, mouming her fate a# the hands af he� matfier and • Aegisthus, praying for the retum of her brather to avenge her father's murder. Orestas reveats himseif #o her, and together they enter the patace, where he slays Clytemnes- tra and Aegisthus. The ptay ends wiih the ghost of Clytemnestra ca!!- ing frorn the grave for all women to avenge those who wronged her. The cycle of being wronged and wreaking revenge continues. never- endingiy. A family. is ar�nihilated in front of aur eyes. What can passa- ' bly be the allure to modem audi- ences? To Mank; Jacquetine Kim� wha�plays Etactra, and Kristin �tan- ders, who portrays Iphigeneia, it may simpiy be tha ranty, af seetng �����t�� Jacqueline Kim huge passians ac#ed out openl� and tragedy discussed as a fac life. ' '�These are fundamenia! humar periences," said Monk. "'Every we have babias and kiii babies i ane way or another. Sut we a!! mask our emotions. We deny th firagedy. They stared it in the fac Said Kim: "People daa't feet re- spansibitity today for o�e anoth� it's a!! for oneseif, in our persan lives, in our government And w� don't take responsibii'�}i for aur , tions. AI! tt�ese women take fate into their own hands, they take t respansibility for their actions. That's an absotutety wild eonce� and ! hape audiences wil! percei� it as such." "They a!! talk in absolutes," said Monk. "Each ane knows the� ar� �ight, absotutely. Att are serving truth* iustice� artd a!! iake respon bility for what they do. 'I killed hir 1f you dan't like it, do something.' every case the person carrying o the act felt what they did was just that #hey had dane the tast thing' � � . �_ .i � '� . - • � Come watch� ` at( yout favorita afl•stat aihietes , t. and media pe�analities tome to .,. bai• at Tha iw'rn Gtias Cate6rity ' Saft6ai! Cfassic. == Where; � �� Iahah Park, Sh�kopee, Minaesota . When: . . ihe games begin at 8:30 a.m. � The championship game , : kicks-off at 4:30 p.m. � t Praceeds benefifi The Secand Narvest Natia�al Faod Bank Netwark and locul mem6er iaod bonks. rn � � � << �N �� Tr,. .w;/',�is,�j A S4FTBP�'� ciy � Q , JUNE 2Q, 1992 o � FOR MORE tNFORMATION - CALL �45-1bb0 TICKETS: STUDENTS — $2 . ADULTS — $3 8:30 p.m: Awards Ceremony and pnrty at William's Night qub _.. _ _.,.....,___________ ._ ._ ._ Join Teams �rom: P6i(adeiphia F(yerslKDWB-FM Chitagb 8earsJKSTF-TV � 6reen Bay Packecsl5tar Iribune Minaesota Tim6envolveslKFAN•AM AWA All-5tats/St. Paul Pianeer Ptess Minnesota VikingslWUO TV MN Sportt Stars/K001108 '• Washington CopitaislKARE-iV New Jeney AI!•Si�rslStat 46 St. floud Pittsburgh Steelert(93X-FM Sponsors: Air Freigh! Unlim'sied, Amencan Ai�ines, tu6 Foods, Dayton's, Golden Yalley Microwave Foods, Inc., Lever 9rothers, MN Twins, Praex, Radisson Soutfi, 5#. Paul Pioneet Ptess, fiarget, ticketmpste�, iravelen fxpress, ZuSaz, Budget Rent-A-fac, MN Vikings, l06 Internatianal. r �! . 1t ♦ ~�i •t l �'�- j/� � L e�. l._.� .�ti�� �.�'"1./�./����%���� ��••'Y� � ���K.i ��_ � afI'f �� � ��:�S�.o � �,...�Q ��. �'y` ��s u:,�.���u.-� �1��-p.3C� -- _-�-� .w�" �..-C� � _ �a. ,el � ,� _ r , < ^ � `� �(�r.+n� � «.�.Qe.��et�.,,.�-c..��"j-- � �, ...�c.d.-�-P c�t�-� � �� ��a C�, d cr� ,j7,w,,.�„�7 .,.,, ti , 1,�9.a� Z� y�',�.GQ__ --� ot .,%�-tr�".' �'�C (`.a-��Q-e_, }��� �l �.� � �`�`~�'�,�-.�— , �sc� ��-e ��� � �. ��-Q C�� ���i .�'"�.`�`'�- �-'- =>'`�."" � s� . City To: Mayor, Council, City From: Klayton H. Eckles Memo of Mendota Heights Au ust 12, 1992 Administ �\a� ✓ Subject: Feasibility Report for the Arndt Plat Improvement 9'�-1 Job 9208 INTRODIICTION Mr. Floyd Arndt is,developing a 12 lot subdivision in the north end of the city between London Road and Butler Avenue. The name of the plat is the George and Eleanor Arndt Addition. Council directed staff to review the revised grading plan for the Arndt plat and prepare a feasibility report for the improvement of the site. This memo will present a feasibility report, and discuss the proposed grading plan. DISCIISSION This development will require installation of public utilities, construction of a culdesac, sidewalk, and pedestrian trail, and perhaps grading of the site. Funding for this project could involve assessments and Hook-up - charges. Each of these issues will be discussed separately below. IItilities and Street . �.. This site would be served with sanitary sewer by extending a sewer line up to the proposed culdesac for some of the lots, and hooking into the existing sewer system along Butler and Kirchner for many of the other lots. Water would involve much the same �rocess. The cost to install the sewer and water to the site would be $55,000 including engineering, overhead, and contingencies. Some storm sewer would also be needed to serve the culdesac. The existing storm sewer on Butler Avenue would be extended north to the culdesac. The total cost to install the storm pipe would be $15,000. The street plan for this �roject consists of an extension of London Road, terminating in a culdesac. This street would serve 6 of the lots in the development: the others would gain access off either Butler or Kirchner streets. In addition to the streets there is a side walk and pedway proposed for this project. These amenities would serve to link the London/Downing and North End neighborhoods with North Ivy Park and its surrounding neighborhood. The total cost of for all the street and pedwax improvements including engineering and contingencies is estimated at $42,000. This does ao,t include any grading for the street or pedways. Street aad Site Gradina Normally all grading associated with development of a new �lat is the responsibility of the developer. In this instance the representative of the developer has requested that the City perform all grading of the site, including street grading and lot grading. In the past in special circumstances the City has included some or all of the street grading in the City improvement �roject for a new develo�ment. In this case, the developer is requesting that the City grade the entire site, including all lot grading. The city has never included any lot grading in our contracts in the past, and doing so now raises some concern. It is unclear how difficult the grading would be, since soil information for the site has not yet been provided. If we did the lot grading we would become responsible for the building pads, the lot drainage, impact on neighboring yards, balancing of the cut and fills, removal of trees in and around the site, removal of an old barn, and erosion control. If we did the street grading but not the lot grading, we would want a guarantee that the lots be graded correctly Zsimilar to agreements we've had in the past that insure each lot is graded as per the overall plan). If we did complete the grading, the estimated cost for the grading items would be as follows: Grade the Street only: Grade Lots, Remove Barn: Combined Grading: Proiect Costs $13,000 $41,000 $54,000 The summary of the project construction costs is as follows: r ; ITEM COST Sanitary Sewer and Water $55,000 Storm sewer $15,Q00 S�reet and Ped.ways $42,000 Utility Subtotal S�.reet Grading add-on ' Lat Grading add-on Grading add-on Subta�al Tota]. af alZ the Abave $11.2, 000 $i�,000 $41,Op0 $54,000 $166,oaa In addition to these con�truction costs, there are other costs that need to be discussed. This parcel has deferred assessmen�s from pas� projec�s that need to be recaptured. A total of $11,508 in de�erments and in�ere�t need to be paid to pay off �he past due assessments. The other issue �.hat needs to be considered is �he issue o� hook-up charges. Standard City policy is that if a parcel does not pay asse�sments for a utili�Gy when. it �,s installed, then desires �o hook into that utility at a later date, the cit� institutes a hook-up charge. In the case of this pro�ect, lots along the �auth and east border will be hooking into exis�ing utilities �hat did not involve as�essments to the development when the utilitzes were ins�alled. Therefare a hook-up charge has been calculated for•these lots. 'I'hree lots would �ain the benefit from exis�.ing waterma�.n, two lots would gaxn bene�it for exis�.ing streets, and one lot wauld gain benefit from existing sanitary sewer. If Council decides to institute a hook-up charge for these lot�, $13,381 wo�'ild be the appropriate amount based on assessment and interest rates oi the past projects. Pro eet Finaacinct All costs for this project should be ievied against the project. The developer has �tated �hat each lo� should be treated equa3l�r, sa all cost� will be s�lit on a per lo� basis. There is one lot that ha� an exa.ating home on it, and this lot has already paid for all the u�ili�ies that serve it. Therefare the assessments front this projec� should be spread evenly between the remaining 12 lots, The outstanding bal.ance and accrued interest on deferred asses�ments are always required to be brought�current when a propert�r deve�.ops. Tn this case tha� would mean paying of� the entire deferment and interes� at the time o� final plat � : approval. This would mean the developer should pay the city $11,508 prior to final plat approval. If Council implements the hook-up charges, these could be paid up front, or at the Council's discretion, s�read equally with other assessments. It would make sense to include the hook-up charge in with the assessments or an undue burden would be put on the developer. 1 The proposed assessments would be as shown below, assuming all costs and charges are spread equally between the 12 assessable lots. The grading costs would only be assessed if Council honors the developer's request and includes the grading in the city contract. ' ITEM Utilities and Street Hook-up Charges Assessment without Grading Street Grading Lot Grading COST PER LOT $9,333 $1,115 $10,448 $1,083 $3,417 TOTAL COST $112,000 $13,381 $13,000 $41,000 Assessmeat with Grading $14,948 Thus, if Council chose to include the grading in the city contract, the total estimated assessment per lot would be $14,948. Time Line Assuming the Developer submits the final plat and developer's agreement this month and Council approves the feasibility report, it would be possible to begin construction on this pro�ect this fall. The street work would have to wait until next spring, however. RECONIl►�NDATION This project is both technically and financially feasible. I recommend Council review this report, then provide direction on the following: 1) Should the city complete the street or site grading? 2) Should the city allow hook-up charges for the utilities to be included into the project cost and spread evenly amongst the lots as part of the total project assessment? Once these questions are resolved, I recommend that Council accept the engineer's report and direct staff to begin preparation of plans and specifications. ACTION REQIIIRED If Council concurs wit,h the recommendation, Council should pass a motion adopting Resolution 92- , RESOLUTION ACCEPTING FEASIBILITY REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE GEORGE AND ELEANOR ARNDT ADDITION (IMPROVEMENT N0. 92, PROJECT N0. 1) .. h Ciiy of Mendota H�ights Dakoka County, Minnesota F�SOLiTTION NO. 92- RESOLUTION ACCEPTING FEASIBII,ITY REPORT, QRDE1tING Ilt�IPROV�t��N'r AND PREPA.RATIUN t3F PLANS ANI) SPECIFICATI4NS FOR S�NI'TARY SEWERS, WATER, STORM SEWERS AND STREET CUNSTRUCTION TO SERVE GEORGE AND ELEANOR ARNDT ADDITION (I1VII'ROVEIYIENT NO. 92, PROJECT NO. 1) WSEREAS, the City Engineer has submitted his repart to the City Cauncil with respect to the proposed construction of the fallowing improvements to serve the Gec>rge and Eleauox Arndt Addition, to-wit: The construction af an extension to the City's sanitary sewer system, including appurtenances and incidentals thereta, and the acquisition of easements, and the recanstruction where necessary of streets and easements in the area hereinafter more garticul�arly described. The canstnzction of an extension to the City's water distribution system including appurtenances and incidentaLs thereto, and the acquisition af easements, and tb.e reconstiuction where necessary of streets and easemenis in the area hereinafter more patti�cularl.y described. The constructian of a storm sewer system inclucling appurtenances and incidental thereto and the acguisition of easemen#s, in and far the area hereinafter more - -� particularly described. The construction of street impmvements consisting of the acquisition of ea.sements and the grading� Statb%L�zatioIla drainage and biiuminaus surfacing, and the constnzction of concrete curbs and gutters on the streets ta be situated in the area hereinafter mare partzcutarly described. W�I]ERFAS, Eieanor Arndt, the owner af the property, has heretofore in writing petitianed the City Cauncil. af the City of Mendota Heights requesting the above described impmvements in said petition requested that the entire cost af said improvements be assessed against said property; and WHrREAS, the City Engineer reparted that the proposed impravement and canstnzction thereof were feasible and desirab2e and further reported on the prapased costs of said impmvements and const�uctian thereof; and r, WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minnesota and is more particularly described as follows: George and Eleanor Arndt Addition NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That it is advisable; feasible, e�edient and necessary that the City of Mendota Heights construct the above described improvements, and it is hereby ordered that said improvement be made. 2. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improvement. 3. That said improvement shall hereafter be known and designated as Improvement No. 92, Project No. 1. Adopted by the City Council of the City of Mendota fIeights this 18th da.y of August, 1992. CITY COUNCII. CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk City To: Mayor, Council, City From: Klayton H. Eckles Memo of Mendota heights Au st 6, 1992 Administ �ttt✓ Subject: Funding Options for Ivy Falls Creek , INTRODIICTION Earlier in the year a workshop was held to discuss the funding of the Ivy Falls Creek project and Council took the position that a sanitary sewer surcharge should be used to pay for the costs not captured by assessments. Council also decided that 20� of the total project cost be assessed. Overall, the reaction from the affected property owners has been positive, with a few people opposed to any type of project. Also, ma.ny property owners voiced concern about the amount of the assessment. Even though the city proposed to assess only 20� of the project, several residents thought their share of this was too much. At the July 22 meeting, Council directed staff to examine additional alternatives for financing the creek project. Two outstanding issues are still unresolved regarding funding. The method of financing the costs that are not recovered through assessments is one issue. The other unresolved issue is how mueh should the properties along the creek be assessed. DISCIISSION . �.. Issue One: Project Fiaaaciag Method There are a number of ways to pay for the project costs that aren't assessed. A sanitary sewer surcharge, a storm water utility, and Tax Increment Financing are the three methods Council has indicated we should investigate. Council origina].ly discussed the option of adding a 10� surcharge to sanitary sewer bills. The surcharge, coupled with some other minor funding mechanisms, could fund all but the 20� assessed. The alternative to a sanitary sewer surcharge is a storm water utility charge. The advantage of this method is that charges are based on how much a pro�erty is contributing to the storm sewer system, not the sanitary system. This method � e would elimzna�e �.he problem of s�.ngle famil.y pro�er�ies subsidizing industrial, commercial, and ins�itu��onal properties. For the Ivy Falls Creek project, the average single family starmwater util.ity charge woul.d be $2.30 per quarter, or abou� $1.00 per quarter less than i� the sanitary sewer surcharge method was u�ed. The attached Spread sheet shows some typical charges to various properties in the city depending on which funding method wa� used. It a�.sa provides the storm water util.ity rates far three other ci�ies in �he area far comparison. The spread sheet assumes the original 20� assessmen� rate. The assumption is also made that the storm water utility is initially set up �o pay for '�ust Ivy Falls Creek {sa we're com�aring apples to apples), whereas in earlier pre�entations a h�gher base rate was used so that future stormwater improvement p�ojects could be funded. The sGorm water utility charge i� ba�ed on �.he size of the property in question and the amount of hard surface area {a large proportion of hard �urface puts a large demand on the storm sewer system). Counci�. was concerned tha� this wauld put an undue hardship on commercial propertze�. These indus�.r�al. praperties are pu�ting a huge demand an �.he city's storm system, and therefore it stand� to reason their contribution shauld be higher. A1so, compareci to o�her cities, our rates would lae quite rea�onable. Gi.ven the high valuation of these properties,�the proposed charges seem about right. It would be possible to lower the storm sewer u�ilz�.y rates of industrial proper�ies or place a cap on the quar�erly bi].l� charged to industrial praperties, This would have the side e�fec� of raising the rates on the sin�le family home properties. Perhaps �he bes� al�ernative of reducing the impact an industrial properties would be ta include an appeal sy:�tem in the program, whereby propertie� that were paying an unf.air stormwater bill cauld ask for a reduc�ion. Properties that have internal storm sewer systems, or on-site storm ponds would get credit for these amenities. This would be fair and justifiable. Tax Increment Financing has also been suggested as a funding source. It i� asaumed that �his�would only be used as a method of assessment reductian, as opposed t�o an al�ernative ta the above methods. To use it in place o� the other methods would require a�Gotal of $800,OOQ in TIF assistance. It would be possible to amend our T.T. spending plan in two ways to authorize funds for a project of this type. 1) If the spending plan can be re-allocated without an increase in to�al spendin.g, the plan can be amended by council. resolu�ion. � r 2) If an increase in the spending plan is necessary, a public hearing with notice to the County and School would be required. Option One could probably be used if T.I. funds were used only to reduce assessments, while Option Two would probably be necessary for allocation of $800,000 of T.I. funds. Although the use of TIF is technically possible in this instance, staff is concerned about the precedent which would be set by using TIF in a residential area outside of the City's business development. A decision to use TIF in this instance could create citizen dema.nds for similar treatment on future projects. Council is encouraged to consider this possibility in deliberating on the possible use of Tax Increment. Issue Two: Reduction in Amount Assessed The other issue that Council was debating was whether or not the amount assessed should be reduced. There were different opinions voiced at the council meeting, ranging from a 50% reduction in the assessment, to no reduction in the assessment. For discussion purposes. I will assume a 50� reduction. A 50� reduction would mean we would only be assessing 10� of the project. An additional $110,000 would need to be recouped by some other method. If the sanitary sewer surcharge was the method chosen, we could increase the surcharge from 10� to 12� and that would cover the additional $110,000. Under this scenario, each household would see an average increase on the quarterly sewer bill of 4.00. Keep in mind that the MWCC intends to raise sewer rates, which will result in another 10� increase next year. If the storm water utility option was used to finance the project, a 50� reduction in the assessment could be recaptured by raising the quarterly base charge from $2.30 to $2.55. Note that if we implement a storm water utility program, I would recommend a minimum base charge of 3.00 this would cover the 50� assessment reduction and the cost of several other projects that will be constructed in the next couple of years. The other way a 50� reduction could be financed, would be via TIF. $110,000 of TIF money would reduce the assessments by one half. The aspects of using TIF were discussed earlier. & � Of course there are many cambinations assessment reduc�ion was used just �or could chaose ta assess 35� instead of level at a.ts discret3.on. ACTION RSQIIIRED available and the 50� discussian. Counci]. 20� or same ather Review the funding options discussed abave and determine a caurse oi ac�ion. I� Council would pre�er to meet in a workshap sessian ta address this issue in greater cietail, Cauncil shoul.d establish a suitable workshop date. �1*�4i3. Marriott Knitting M3.11s Solvay Animal Hospital Tempca R.L. Johnson Warehouse Sibley Hi�h School Mendakota Co�.Yntry Club United Methodist Church Single �'amily e y • r T. S - T � 4.1 3.7 5,5 10.3 21.1 70 138 2.5 0. �. } VALUATION 4.4M O.SM 3.7M 1,8M 6.8M 3.1M 3.7M .66M $154, 00{} . 00 T�PICAL CH 1GES TO VARI�US PROPERTIBS � QUARTfiRLY RATES - STORM UTILITY 10� SANITARY MENiX'�TA RICHFI�LD BLd?�1MINCTON �QSEVILLE SEW�R St3RCHARGE NEICTHTS $22�.Q0 �?.23.40 �73�.00 $�OO.a� �27�.00 $213.OQ $1Q2.40 $666.Q(? $181.44 $245.OQ $226.00 $152.OQ $990.Op $267.00 $365.OQ $97.00 $284.00 $1,854.04 $503.00 $683.00 $�1.00 $v82.00 $3,798»OQ $1,031.00 $1,399.00 $272.44 $644.04 $3,154.00 $3,15{3.00 $1�,935.00 $50.00 $317.00? $1,242.Q0 $2,452.4Q $458.40 $7.00 $23.Op $270.00 $69.00 $41.00 $3.30 $2.30 $7.20 $7.00 $4.30 4 CITY OF MENDOTA HEIGHTS MEMO August 14, 1992 T0: Mayor and City Council t FROM: Tom Lawell, City Adminis r SUBJECT: Air Noise Corridor Update INTRODIICTION On August 6th the Mayor and I attended a meeting of Corridor Task Force to further argue for a test of the adopted Fanned Corridor Proposal. Comments were made meeting which indicates that MAC officials are not willing the City's proposal and instead desire to concentrate air even more so over our community. The intent of this me better inform Council of these recent developments and Council direction on this important issue. DISCIISSION the MAC City's at that to test traffic mo is to solicit The Federal Aviation Administration (FAA) currently utilizes a 28 degree cone of air space in which to route aircraft departing MSP to the southeast. As we have discussed many times in the past, an artificial and arbitrary boundary was adopted by the FAA in 1972 which forbids aircraft from turning south during the first three miles of flight. Therefore, all turns given within the 28 degree cone push aircraft to the north, directly overflying long es�a�alished Mendota Heights neighborhoods. Mendota Heights has long argued against the procedure, and has been an active participant in the MAC's Blue Ribbon Corridor Task Force which was established in March 1990 to address this issue. The City has consistently ma.intained that the key air noise problem within the community is repeated aircraft overflights which, during peak times, can average up to one aircraft every 82 seconds. For this reason, the City had proposed a more equitable distribution of aircraft during peak departure periods to help lessen the air noise concentration problem. This proposed procedure would be in affect at most six hours per day, and would spread aircraft over a 60 degree cone of air space by removing the artificial southern boundary. The procedure would in no way increase the noise exposure area within Mendota Heights. � From August 15 to October 15, 1991 the MAC conducted a 60 day test of a revised flight corridor which utilized only a 15 degree cone of air space. MAC assured the City the procedure would significantly reduce air noise within Mendota Heights by routing departures over the athletic fields at St. Thomas Academy, thereby passing well south of most Mendota Heights residential areas. The test unfortunately did not adequately restrict aircraft to this area, and departures continued to directly overfly Roger's Lake neighborhood, Friendly Hills, Delaware Crossing, etc. On June 2, 1992 t,�e City's Air Noise Consultant, Mr. Bob Collette, attended a Council meeting to present the results of the 60 day test. At that time, based on comments from Mr. Collette and noise impacted neighbors, Council concurred that the concentrated 15 degree procedure did not adequately address the City' s air noise problem, and further endorsed the City's Fanned 60 degree Corridor Proposal. At the August 6th MAC Corridor Task Force meeting, MAC officials rejected the City's proposal and indicated their intent to ask the MAC Commission to endorse the 15 degree procedure and recommend its implementation to the FAA. The matter will likely be before the MAC Planning and Environment Committee on September Sth, and the full MAC Commission on September 21st. If recommended by MAC, the FAA would then undertake an environmental review of the procedure which could take anywhere from 45 days to 18 months. RECONIl�ZENDATION As Council has previously concluded, the concentrated 15 degree corridor procedure does nothing to improve the noise �exposure situation in southern Mendota Heights. Staff from MAC has taken a position diametrically opposed to the Council's preferred concept of dispersing aircraft noise over a more broad 60 degree cone. For these reasons, I recommend that we actively oppose any ef��t by the MAC and the FAA to further concentrate aircraft over our already seriously noise impacted neighborhoods. ACTION REQIIIRED Council should discuss the most recent corridor developments and the City's most appropriate response. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO August 12, 992 T0: Mayor, City Council and City Administ FROM: SUBJECT: HISTORY Lawrence E. Shaughnessy, Jr., Treasurer Harry Kirchner Property - Highway 149 (Dodd Road) y � At the time the Tax Increment District was formed, the store and station on Dodd Road next to the Fire Hall was included to be purchased, removed and redeveloped in conjunction with the old Fire Hall. DISCIISSION As many of you are aware, the property is listed for sale with a real estate agent at this time. In 1986, the City had an appraisal at the property and attempted to enter negotiations for the purchase. At that time Mr. Kirchner's real estate agent had different views as to value of the site, and nothing was completed. Our appraisal came in at $135,000, which was in line with an option price that we had with Mr. Rirchner several years earlier. Since that time, I believe the deterioration of the property �is pretty obvious, and in addition, some environmental problems have been brought up by the State Pollution Control Agency. City staff contacted Mr. Kirchner recently regarding the aceaes to the rear of the property, the subject was brought•up as to whether the City might still �be interested in the purchase. ' Considering the condition and environmental problems, I cannot see an offer much different from our previous proposal. In addition, any offer should be subject to a clean bill of health for the environmental problems from the State Pollution Control Agency. The funds for the purchase are one of the earmarked usee of Tax Increment Funds over the next year. RECONIlKENDATION If the City is still planning on acquiring site, now would be an appropriate time to resume providing Mr. Kirchner with a purchase offer. ACTION RE4IIIRED and clearing the negotiations by Determine a course of action and pass on to staff any additional guidance regarding a purchase offer for the property. DAHLEN & DtiVYER, INC. SUMMARY OF SALISNT FACTS AND CONCLUSIONS General Descr=iption: ~ Location: Parcel I.D. Number: Gross Building Area: Date Built: Zoning: Fee Owner: Fstimated Market Value: Date of Value fistimate: . �. Appraiser: This is a 29,289.2 sq.ft. parcel which is im�roved with a commercial'�, building and service station. i 2150-2156 Dodd Road Mendota Heights, Minnesota 27-02500-040-52 Commercial Building - 46,Q32 sq.ft. Service Station - 1,664 sq.ft. Commercial Building - Ap�rox. 1926 Service Station - Approx. 1926 B-2 Harry & Flaine Kirchner 2150 Dodd Road Mendota Heights, Minnesota 55118 $ 135,000.00 March 22, 1986 Daniel fi. Dwyer