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1992-12-010 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MYNNESOTA AGENDA December 1. 1992 - 7:30 P.M. 1. Call to Order 2. Roll Call � 3. Agenda Adoption - 4. Approval of October 6 Ivy Falls Creek Workshop Minutes, October 6, November 3 and November 17 Minutes 5. Consent Calendar a. Acknowledgment of the October 27 Planning,�mmission Minutes. b. Acknowledgment of the November 24 Planning Commission �i- Minutes . c. Approval of RESOLIITION NO. 92-80 - RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES. d. Approval of the List of Claims. End of Consent Calendar � � 6. Public Comments 7. Hearings *, a. Budget and Truth in Taxation Hearing - 7:30 P.M. RESOLIITION NO. 92-81 • .. � � * b. Ivy Falls Creek Assessment and Feasibility Hearing - 8:30 P.M. - RESOLIITION NO. 92-�- Resolution Adopting and Confirming Assessment for Ivy Falls Creek ' 2 - RESOLIITION NO. 92-� - Resolution Accepting Feasibility Report, Ordering Improvement and Preparation of Plans and Specs. for Ivy Falls Creek Improvements � 8. Unfinished and New Business a. CASE N0. 92-34: Grilz - Variance * b. Discussion on Mendakota Country Club Geese Concerns. c Consider Purchase of Replacement Fire Department Self Contain Breathing Apparatus d. Discussion of MWCC Sewer Rate Increase - RESOLIITION NO. 92-84 e. Discussion on Adoption of Resolutions Accepting Bids for the Purchase of the Bond Issues and Authorizing the Issuance of the Bonds - RESOLiJTION NO. 92-85 -$710,000 Park Bonds � RESOLIITION NO. 92-86 -$1,470,000 Improvement Bonds f. Discussion on Arndt Addition Public Improvements - RESOLIITION NO. 92-87 g. CASE NO. 92-35: Kueppers - Variance - RESOLIITION NQ. 92-88 9. Council Comments ** a. Update on Noise Abatement Ordinance at MSP. ** b. Update on Associated Bureaus Development Agreement. 10. Adjourn Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less thaa 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short aotice. Please contact City Administration at 452-1850 with requests. 9 a CITY OF MENDOTA HEIGHTS MEMO December 1, 1992 T0: Mayor and City Council FROM: Tom Lawell, City Administ � SUBJECT: Add On Agenda for December lst Council Meeting Additional information has been added to items 7a., 7b. and 8b. (*). Two new items updating Council on the Noise Abatement Ordinance at MSP and the Associated Bureaus Development Agreement have been added to the Council Comments section of the agenda. 3. Agenda Adoption � It is recommended that Council adopt the revi�ed agenda printed on green paper. 7a. Budget and Truth in Taxation Hearinq Please see attached copies of overheads. 7b. Ivy Falls Creek Assessment and Feasibility Hearinq Please see attached memo and assessment objection letter. 8b. Discussion on Mendakota Country Club Geese Concerns Please see attached memo from Police Chief Delmont. 9. Council Comments Please see green agenda. MTL:kkb 0 0 ! CITY OF MENDOTA HLIGHTS DAROTA COUNTY, MINNESOTA i AGENDA December 1, 1992 - 7:30 P.M. 1. Call to Orcler 2. Roll Call 3. Agenda Adoption 4. Approval of October 6 Ivy Falls Creek Workshop Minutes, October 6, November 3 and November 17 Minutes 5. Consent Calendar a. Acknowledgment of the October 27 Planning.,Commission Minutes. b. Acknowledgment of the November 24 Planning Commission Minutes. c. Approval of RESOLIITION NO. 92-80 - RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES. d. Approval of the List of Claims. . End of Consent Calendar 6. Public Comments ' 7. HearinQs a. Budget and Truth in Taxation Hearing - 7:30 P.M. " RESOLiTTION NO. 92-81 b. Ivy Falls Creek Assessment and Feasibility Hearing - 8:30 P.M. - RESOLIITION NO. 92-82 - Resolution Adopting and Confirming Assessment for Ivy Falls Creek - RESOLIITION NO. 92-83 - Resolution Accepting Feasibility Report, Ordering Improvement and Preparation of Plans and Specs. for Ivy Falls Creek Improvements 8. Unfinished and New Business a. CASE NO. 92-34: Grilz - Variance 0 � b. Discussion on Mendakota Country Club Geese Concerns. c Consider Purchase of Replacement Fire Department Self Contain Breathing Apparatus d. Discussion of MWCC Sewer Rate Increase - RESOLIITION NO. 92-84 . e. Discussion on Adoption of Resolutions Accepting Bids . for the Purchase of the Bond Issues and Authorizing the Issuance of the Bonds - RESOLIITION NO. 92-85 -$710,000 Park Bonds . RESOLIITION NO. 92-86 -$1,4T0,000 Improvement Bonds f. Discussion on Arndt Addition Public Improvements - RESOLIITION NO. 92-87 � a�i1� �. �i g. CASE N0. 92-35: Kueppers - Variance - RESOLIITION NO. 92-88 9. Council Comments 10. Adjoura 0 Auxiliary aids for disabled persons are available upoa request at least 120 hours in advance. If a aotice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may.not be possible oa short notice. Please coatact City Administration at 452-1850 with requests. c :� � CITY OF MENDOTA HEIGHTS DAKOTA COUN�Y STATE OF MINNESOTA Minutes of the Ivy Falls Creek Workshop Held Tuesday, October 6, 1992 Pursuant to due call and notice thereof, the Ivy Falls Creek Workshop of the City Council, City of Mendota Heights, was held at 6:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. City Administrator Tom Lawell called the meeting to order at 6:30 o'clock P.M. The following members of the Council were present: Councilmembers Cummins, Smith and Koch. Mayor Mertensotto had notified the Councilmembers he would not be present. Councilmember ��.. _ � Blesener was not present. The following staff inembers were present: Administrator Tom Lawell, Public Works Director Jim Danielson, City Engineer Klayton Eckles and Senior Secretary Kim Blaeser. Also present were City residents Leon Goodrich and Marilyn Miller. DISCUSSION ON IVY FALLS CREEK FUNDING OPTIONS City Engineer Eckles briefly explained funding options which had been discussed by Council at previous meetings: 1) Do Nothing, 2) Funding from West St. Paul 3) Assess 100 percent of project high benefit/low benefit 4) Set up a special taxing district 5) Use of General Tax Levy; 6) Set up a Sanitary Sewer Surcharge; 7) Set up a Storm Water Utility; 8) Use Tax Increment Financing and 9) Assess part of the Project 10 percent to 20 percent. He further discussed the different assessment percentages researched by City staff in helping to finance the project. He stated a 100 percent assessment rate would be unrealistic, a 20 percent �assessment rate would be easy to justify but �he assessment rates would be high and many properties would be included, and a 10 percent assessment rate which would be easier to assess but hard to finance. Engineer Eckles discussed the main points of a storm water utility: 1) Charged based on impact on storm system; 2) Rates set according to area and land use of property; 3) Quarterly charge goes on sanitary sewer bill; 4) Set up appeals process for properties that reduce impact and 5) Requires an adopted policy and a public hearing. He further explained examples of typical quarterly rates , •for land areas including single family, multi family, �golf/cemetery, institutional and industrial. He explained the quarterly rates could be charged per lot for single family, per unit for multi family and per acre �for golf/cemetery, institutional and industrial. In response to a question from Councilmember Smith, Engineer Eckles explained undeveloped land would not be charged. He further stated, at this point, the industrial rates proposed are low compared to other Cities in the area. He further stated he is currently researching a Storm Water Utility Policy and is researching other City's policies. Engineer Eckles briefly explained the funding needs which include the Ivy Falls Creek Project, Lexington Diversion and Future Projects. He stated $1.4 million is needed. ��.��� He explained where some of the income to help f inance the proj ects would come from. He briefly explained the other sources of income which could be generated to help finance the Ivy Falls Creek project: City of West St. Paul, Tax Increment Financing and assessments. He stated these sources of income are only ideas a� this point. In response to a question from Councilmember Cummins, Treasurer Shaughnessy explained it is important to start collecting funds now for future proj ects So there will be enough money to help pay for projects in"the�future. He further stated that continuation of the tax levy initiated to fund part of the original �vy Falls Creek proj ect several years ago would f inance part of the storm water improvement costs for the Ivy Falls Creek improvements and other needed projects. Councilmember Smith stated she is comfortable with the use of Tax Increment funds in helping to finance the project. There was a brief discussion on future engineering projects. Councilmember Cummins stated he agrees in assessing the properties as it will enhancement the properties and there is a benefit in preserving the natural resources of the area. Councilmember Smith concurred and stated she feels a 20 percent assessment rate is too high. She stated she would be more comfortable with a 10 percent to 15 percent range. In response to a question from Ma.rilyn Miller, Councilmember Smith stated rain is a factor and that development in the area has also contributed to the amount of water flow and erosion problems. She stated the entire district should be responsible in funding the Y , correction process. Engineer Eckles stated he is looking for some direction in implementing the plan. He stated the Council should consider the options available for funding. Councilmember Koch stated she would not like to see a continuation of a creek tax. She stated the City should look into Tax Increment Financing. Councilmember Cummins stated he does not want to see Tax Increment Funds used as there will be no increment generated by this project. Councilmember Smith stated Tax Increment Funds have been used on other proj ects that have been assessed in the City. , Councilmember Cummins stated he agrees with the initiation of a storm water utility and that the costs proposed to be funded by TIF should be covered by the ��.- �� storm water utility and that benefitting properties should be assessed. He further stated the City should not be abusing the TIF. Councilmember Smith stated she agrees that the Tax Increment Financing process should not be abused and that she does not consider the use of these funds for this project an abuse. .,She stated the use of Tax Increment Funds will help the community in defraying expenses of the project. It was the consensus of the Council and staff that this matter be continued for discussion at the regular meeting scheduled tonight. Administrator Lawell noted that Mayor Mertensotto and Councilmember Blesener w.ere not present at the workshop and should be given an opportunity for input on the different options for funding presented tonight. The workshop was adjourned at 7:30 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary Page No. 3417 October 6, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting .Held Tuesday, October 6, 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, Koch and Smith. ��.. .. � AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 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. Acknowledgement of the Code Enforcement monthly report for September. b. Adoption of Ordinance No. 287, "AN ORDINANCE PROHIBITING PARKING ON HIGHWAY 13 IN MENDOTA HEIGHTS." c. Approval for Russell Wahl to conduct the annual Halloween Bonfire and authorization for a city contribution of $350 for the event. d. Acknowledgment of the minutes of the September 22nd Planning Commission meeting. e. Approval of the appointment of Michelle Morgan to the part-time Recreation Programmer position, effective on October 12, 1992 at an annual salary of $10,158. f. Authorization for the Mayor to execute the Government Access Grant Production Completion Agreement. Page No. 3418 October 6, 1992 g.. Approval of easement and maintenance . ` agreements for the Lennox storm sewer pond and the Solvay storm sewer pond along with , authorization of payment of $60,000 to United Properties for the Solvay pond easement costs. h. Approval of the Water Resources Management Plan dated September, 1992 and prepared by Barr Engineering. i. Approval of the list of contractor licenses dated October 6, 1992 and attached hereto. j. Approval of the list of claims dated and totalling $211, 656. 61. '�'' ���'� Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-29, Mr. Roger Riley, representing R&R Construction R& R CONSTRUCTION was present to request approval of a wetlands permit to allow removal and replacement of a deteriorating deck at 669 Laura Court, 36 feet from Ivy Creek. He explained that the � existing deck will be reconstructed without any change in location, etc. . Councilmember issuance of a reconstructio Laura Court t Councilmember Ayes: 5 Nays: 0 Smith moved to approve the wetlands permit to allow n of the existing deck at 669 o within 36 feet of Ivy�,Creek. Cummins seconded the motion. I I �i i� CASE NO. 92-28, . Mr. Tom Andrews was present to request ROYAL REDEEMER approval of a fence height variance to allow construction of a 48 inch high fence�within the front yard setback at the Royal Redeemer Lutheran Church, 20 feet from the front property line. �i i� Mayor Mertensotto noted that the fence would be 8 feet from Victoria Road and that�the Planning Commission unanimously recommended approval subject to conditions. lIl Councilmember Blesener asked the lo ) tion of the proposed fence in relation to the�city's pedway. Public Works Director Danielson . I' � �! ii '; I.;i . Page No. 3419 October 6, 1992 responded that the pedway is within the right- of-way, 8 feet off of the blacktop. Councilmember Blesener felt that the fence would better if it were square rather than running diagonally to parallel Victoria Road as had been recommended by the Planning Commission. After discussion, Councilmember Cummins moved to approve a variance to allow installation of a 48 inch high fence on the Royal Redeemer Lutheran Church property, 20 feet from the= property line, conditioned upon landscaping of the fence perimeter and that the donated, used fence be painted black to improve its appearance. "�� •� '' Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-23, Mr. Ken Scheel, representing Tharaldson THARALDSON Development Company, was present to request approval of a conditional use permit for a hotel in the industrial district, a sign setback variance in accordance with the United Properties Mendota Heights Business Park sign policy, a parking variance - proof of parking . agreement, and subdivision. The planning actions are requested in ord�er to allow construction of a private motel development (Heritage Inn) for Northwest Airlines on Lot 3 of the Mendota Heights Business Park. Council acknowledged receipt of a memo from Administrative Assistant Batchelder, a report from the City Planner, a letter from Tharaldson Development dated September 28, 1992 in response to Planning Commission and Fire Marshall requirements and other details, and a letter from Lightowler Johnson Associates regarding storm water run-off ca:lculations. Mr:. Scheel reviewed a sketch of a typical Heritage Inn, commenting that the proposed building will be slightly different and will have more windows. He asked for a variance from the number of parking stalls required, informing Council that the facility will be limited to use by Northwest Airlines. Site Plan 1A, which is requested for approval, includes a proof of parking plan, and Tharaldson Development has submitted a Letter of Intent agreeing to install additional Page No. 3420 October 6, 1992 parking before the facility is made available to the public in the future. Mayor Mertensotto noted that the building is proposed to be 3 floors, 15,084 square feet, and 114 units. Mr.•Scheel stated that the units are downsized, and the fire department turn around is an entry drive to the future parking area. Public Works Director Danielson answered Council questions regarding storm water management and retention. Councilmember Blesener asked how the retention pond will be drained. Mr. Scheel responded 1���-J that there will be a 4" outlet to a 12 inch storm pipe under the parking lot, and once the pond is filled water will flow to the south. The worse condition which could occur would be that it would take five hours to drain the pond. The pond will retain•water only from the hotel property and not from adjacent properties. Councilmember Smith was concerned about the proposed turn radius of the turn-around at the front entrance, and asked if it can be increased to 35 feet. Mr. S�heel responded that 35 feet cannot be accommodated without a setback variance. Councilmember Smith stated that truck traffic should be discouraged from using the turn-around. Councilmember Blesener cautioned Mr. Scheel to be sure that the colors and textures of the building exterior, and landscaping, blend in with other development in the park. With respect to timing of the project, Mr. Scheel stated that he hopes to commence construction within a month. The Council expressed concern over the lack of a plan showing the actual exterior of the proposed building. Mr. Scheel responded that the picture presented this evening shows the standard trim used on Heritage Inns, that the exterior will be stone with two shades of stucco. He requested that Council approve the application 4�✓ Page No. 3421 October 6, 1992 subject to submission of revised plan showing the actual building exterior. Councilmember Blesener moved adoption of Resolution No. 92-64, "A RESOLUTION APPROVING A SITE PLAN, A SUBDIVISION, VARIANCES AND A CONDITIONAL USE PERMIT ALLOWING A 114 UNIT HERITAGE INN IN THE "I" INDUSTRIAL ZONING DISTRICT," on the condition that elevation drawings be prepared and submitted for City staff approval, said drawings to accurately represent exterior materials, trim and colors displayed and presented at the October 6, 1992 City Council meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 BLOODBORNE PATHOGENS Council acknowledged a report from Police Chief Delmont along with a proposed Bloodborne Pathogen Exposure Control Plan. Chief Delmont was present for the discussion. Chief Delmont informed Council that money is available in the budget to provide Hepatitis B vaccinations for Police Officers and Volunteer Firefighters, at a cost of $120 per person. Councilmember Koch asked what on-going administration of the plan will be for the public safety departments. Chief Delmont responded that the only cost for administration will be replacement of in-house equipment such as gowns, masks, etc., and that extensive record keeping will be necessary. He felt that the proposed plan provides an excellent program with common sense safeguards. Councilmember Cummins moved to adopt the "Bloodborne Pathogen Exposure Control Plan and to provide sufficient funding for the voluntary vaccination of any or all police officers and firefighters desiring Hepatitis B vaccination. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS At the request of Councilmember Cummins, Public Works Director Danielson summarized discussions held at the storm water drainage financing workshop which preceded this . evening's Council meeting. He reviewed the e ,. Page No. 3422 October 6, 1992 funding options, which include use of TIF, storm water utility and assessments. He explained that about 30 homeowners would be assessed. Treasurer Shaughnessy stated that continuation of the tax levy initiated to fund part of the original Ivy Falls Creek project several years ago would finance part of the storm water improvement costs for the Ivy Falls Creek improvements ($1 million) and other needed projects ($400,000 to $500,000). Councilmember Cummins noted that the Council agrees with the initiation of a storm water utility but disagrees over details of other financing - TIF, taxing, and whether to asses�r• - f 10% or 15� of the Ivy Falls Creek project. He felt that use of TIF is inappropriate because no increment will be generated, that costs proposed to be funded by TIF should be covered by the storm water utility, and that benefitting properties shoul.d be assessed. Councilmember Blesener agreed that TIF is not appropriate. She felt that 15� of the project cost should be assessed because they will be benefitting from the project. Administrator Lawell stated �hat staff recommends conducting an assessment hearing in advance of the project construction and that it is necessary to determent the percent of project costs to assess. Engineer Klayton Eckles stated that Council will be given an updated feasibility report and proposed assessment roll on October 20th along.with a recommendation that the feasiblility/assessment hearing and a hearing on initiation of a storm water utility be conducted in November. He stated that the estimated project costs are 10� lower than the original estimate, so some savings will be realized. It was the consensus that the feasibility update should envision assessing 15� of the proj ect . Councilmember Cummins moved adoption of Resolution No. 92-66, "RESQLUTION Councilmember Smith was excused at 8:15 P.M. J�� Page No. 3423 October 6, 1992 NDC-4 FACILITY Council acknowledged a memo from Administrator Lawell regarding the proposed NDC-4 facility purchase. Ayes: 4 Nays : - 0 NDC-4 Chair John Lagoo was present to request Council adoption of a resolution consenting to the NDC-4/NDCC-TV facility purchase. Commission Attorney Mike Sokol stated that the commission is not asking the city to become obligated, and that facility acquisition will be solely financed through designated NDC-4 funds. He informed Council that Sunfish Lake has recently unanimously approved the request. Mayor Mertensotto stated that the procedural method is under question. "''�� Councilmember Cummins stated that the city has received a copy of a memorandum from West St. Paul City Attorney Arnold Kempe to the West St. Paul Council regarding the scope and extent of NDC-4 powers, and•a copy of a letter from Mr. Kempe to Mr. Sokol informing him of West St. Paul's intent to request an Attorney General's opinion on the matter. City Attorney Tom Hart stated that he has not had an.opportunity to review Mr. Kempe's memo but does not see significant'risk to the city other than the financial role, and that it is not likely that the city will incur any liability by adopting the proposed resolution. Mr. Sokol informed Council that as of the past Friday, Mr. Kempe had not requested an Attorney General's opinion. He also stated that no franchise fees are being pledged. It was the consensus of Council NDC-4 needs a new facility. Councilmember Blesener moved adoption of Resolution�No. 92-66A, "RESOLUTION CONSENTING TO THE PURCHASE OF AN OFFICE/STUDIO FACILITY FOR THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION AND THE NORTHERN DAKOTA COUNTY COMMUNITY TELEVISION CORPORATION." Councilmember Koch seconded the motion. Page No. 3424 October 6, 1992 � COUNCIL COMMENTS Councilmember Blesener informed Council she will not be able to attend the October 20th meeting. Assistant Fire Chief John Neska informed Council on details of the October lOth Fire Prevention Day activities and the October 16th Firemen's Ball. ADJOURN There being no�further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:15 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk m 0 � Page No. 3437 November 3, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 3, 1992 Pursuant to due call and notice thereof, the regular meeting•of the City Council, City of Mendota Heights, was held at 8:01 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:10 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Koch and Smith. ��» .. f AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved,approval of the minutes of the September 15, 1992 regular meeting. Councilmember Koch seconded the motion. Ayes: 5 � Nays: 0 �' Councilmember Smith moved approval of the minutes of the October 20, 1992 regular meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Blesener CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, amended to move item 5e, VGC Development Agreement, to the regular agenda, along with authorization ; for execution of any necessary documents contained therein. a. Acknowledgement of the code enforcement monthly report for October. b. Adoption of Resolution No. 92-72, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR KENSINGTON PARK GRADING (IMPROVEMENT N0. 89, PROJECT N0. 6E)," authorizing final payment of $5,877.50 to Steininger Construction Company, Inc. for work completed on the project. Page No. 3438 November 3, 1992 c. Adoption of Resolution No. 92-73, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR KENSINGTON PARK UTILITIES (IMPROVEMENT NO. 89, PROJECT N0. 6E)," authorizing final payment of $1,481.20 to R&P Utilities, Inc., �or work completed on the project. d. Adoption of Resolution No. 92-74, "RESOLUTION ACCEPTING PETITION AND ORDERING FIRE PROTECTION IMPROVEMEIJTS FOR ST. THOMAS ACADEMY." e. Acknowledgment of a 1993 snowplowing update memo from Public Works Director Danielson. ""� '� �'" f. Approval of the list of contractor licenses dated November 3, 1992 and attached hereto. g. Approval of the list of•claims dated November 3, 1992 and totalling $195.324.60 Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 VGC DEVELOPMENT Administrator Lawell briefly informed AGREEMENT Council on changes which have been made to the draft VGC development agreement, particularly with respect to the transferability of the property. There was discussion over the transfer of property (Section 3.1) by quit claim deed versus warranty deed. It was the consensus that the transaction should be by quit claim deed so that the city is removed from the chain of title. . After brief discussion, Councilmember Cummins moved to approve the draft VGC Development Agreement, revised as to Section 3.1 to remove the city from the chain of title. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-33, Councilmember Cummins moved to approve a McGUIRE 4 1/2 foot variance to the required 30 foot sideyard setback abutting a street requirement for 30 Dorset RoaSi, to allow construction of an attached garage and additional living , space, with the condition that the existing Ayes: 5 Nays: 0 CASE NO. 92-32, NORTHLAND COMPANIES/ ASSOCIATED BUREAUS Page No. 3439 November 3, 1992 driveway be removed and replaced with sod,•as° recommended by the Planning Commission. Councilmember Smith seconded the motion. Council acknowledged a memo from Administra- tive Assistant Batchelder regarding the request from the Northland Companies and Associated Bureaus for subdivision (preliminary and final plat approval), building permit and site plan approval and tax increment financing. Council also acknowledged a letter from Casserly, Molzahn & Associates, Inc. regarding the Associated ""`' Bureaus tax increment financing request, copies of the spreadsheets, originally submitted on the proposed projects on August 18th, revised with respect to market value and building value, a report from the City Planner, and a letter from George Burkhards, representing United Properties. Mr. Wayne Bishop, of Walsh Bishop, project architects, state that the proposed 65,000� . square foot, one-story building, will be brick with reflective glass and will serve as the corporate headquarters for ABI. The site plan is oriented to the Minnesota River, and the building will be split between administration and collections. ABI is a nationally ranked collection agency. There will be a heavily landscaped entry area, retention ponds to the south and parking to the north and east. An expansion parking area will be provided to the north on land which is under option. Mayor Mertensotto asked about the proposed realignment of Commerce Drive. Mr. Bishop responded that the cul-de-sac is no longer needed. Councilmember Smith noted the Planning Commission concern over the bubble effect at the building entrance and the turning radius. Mr. Bishop responded that he will work out a revision with the city engineering staff. Responding to a Council question, Mr. Burkhards explained changes from the originally submitted preliminary plat. He Page No. 3440 November 3, 1992 also.stated that a petition for utilities has been submitted to City staff. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that drainage easements have been identified, that two ponds are proposed (north and south), that the south pond will be built with the project but that the north pond is not needed yet. Mr. Burkhards stated that ponds are amenities as well. as water storage areas and if ABI does not exercise its option on the land, the north pond configuration may move. Mayor Mertensotto stated that the developers "��•�' must provide the location for a future north pond easement. Mr. Burkhards responded that he does not want to encumber the property with an easement and stated that the proposed location is shown on the site grading plan. Mr. Bishop informed Council that parking will be provided for 600 employees, that the building will be predominantly brick, with decorative pre-cast architectural block and reflective glass. The main entry will have decorative trellis and there will be flags every entry area. The build�ing will be 16 feet tall with a flat roof, and there will a parapet to cover rooftop units. a at be Councilmember Blesener asked why the building will be one-story. Mr. Bishop responded that it is designed for function and economics, administration and collections will be in separate wings. Councilmember Blesener expressed concern about the expanse of roof visible from Highway 13. Mr. Bishop stated that the parapet will be provided to screen rooftop material but that he is not sure how high new Highway 13 will be. With respect to landscaping, he stated that the focus is at the entry boulevard, that the existing vegetation along Highway 13 will be retained and additional landscaping will be added to that area. Mayor Mertensotto asked if trees can be provided along the building to break up its length. Mr. Bishop stated that he would have Page No. 3441 November 3, 1992 .no problem with adding trees. He then explained the landscaping plan details. Councilmember Blesener pointed out that the proposed structure will be the closest building to the airport. Mr. Bishop responded 'that acoustical building materials will be used to shield the airport noise. He informed Council that acoustical improvement is a number one priority of ABI, and that he has' visited buildings with similar acoustical � features. He further stated that triple pane glazed glass, a 12 inch concrete roof and = extra structural details will be utilized. Mr. Jack Hurley, President of ABI, stated that a two-story structure would not function for ""°'' the computers and collection area, and that telephone lines and background noise are big concerns - outside interference cannot be tolerated. Councilmember Smith stated t�at she would welcome ABI to the City yet feels a certain inconsistency with what is proposed and the city picking up design costs - the city is •being asked to pick up extra costs. Mr. Jim Casserly reviewed the TIF proposal, stating that the request is•for $696,150, while $821,900 in eligible expenses can be identified. Mayor Mertensotto pointed out that more than half of the request is for sound attenuation. Councilmember Blesener asked what percentage $821,900 is of the total project cost. She also questioned the allowability of some of the items usually considered "ground down." Mr. Casserly responded that the project cost is �5 million. City Attorney Hart stated that it must be borne in mind�that the city must verify that the costs are qualified. He further stated that the Tax Increment District was set up to redevelop the MAC site where noise attenuation must be addressed. The statutory language generally allows use of TIF for noise attenuation. Councilmember Smith asked about the chain of title to the property. Attorney Hart stated Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 m Page No. 3442 November 3, 1992 that the city can be kept out of the chain to avoid risk with environmental hazards, and that the goal is to keep the city out of the chain. Treasurer Shaughnessy stated that the revenue bonds would run from 1995 to 2006. Councilmember Smith stated that she has additional questions over expansion plans and further stated that while landscaping is important, it is not basic to make the project work. She stated that she has a hard time rationalizing the use of TIF for landscaping � requirements. She also asked about Commerce � Drive improvements. ,�. .. - Mr. Casserly stated that he would have no problem removing landscaping as a category. He also stated that the lot to the north would be used for required future parking. Public Works Director Danielson stated that Commerce Drive construction would be a standard city improvement and would be assessed. Councilmember Blesener moved approval of the preliminary plat for ABI with the conditions that the road right-of-way b�e revised to eliminate the bubble effect at the Associated Bureaus entrance and provide for truck turning radii around the 90 degree corners, for approval by the city engineering staff; that appropriate easements for drainage and utilities will be secured as additional lots are developed; and that Commerce Drive be installed concurrent with development of Associated Bureaus. . Councilmember Koch seconded the motion. Councilmember Resolution No. FINAL PLAT FOR 4TH ADDITION." Councilmember Koch moved adoption of 92-75, "RESOLUTION APPROVING MENDOTA HEIGHTS BUSINESS PARK Cummins seconded the motion. Council expressed concern over how to document what is approved with respect to exterior building materials and colors. Mr. Bishop reviewed and submitted colored elevations for documentation. Ayes: 5 Nays: 0 Page No. 3443 November 3, 1992 After discussion, Councilmember Blesener moved approval of the site plan conditioned upon staff approval of utility and drainage easements and staff confirmation that all MAC requirements and city ordinance requirements for ground space coverage and open space are met. Councilmember Koch seconded the motion. Mayor Mertensotto asked if there is a fee involved in the TIF request. He stated that the applicants are requesting $696,150 in TIF, $500,000 up front and $196,150 over 12 years as revenue notes for tax years 1995 to 2006. ��. .. _.. Treasurer Shaughnessy responded that no fee has been established yet but that the city will receive administrative costs as part of the procedure. Administrator Lawell suggested that landscaping costing $50,000 be deleted from the TIF request and that other items be readjusted to reflect the deletion. It was noted that while landscaping is eligible for TIF under state law, it may not be appropriate. Treasurer Shaughnessy stated that the developer's agreement does not allocate money to specific line items. Councilmember Smith stated that she is uncomfortable with the concept of using city financing to help meet code requirements. Councilmember Blesener stated that one of her concerns is that the TIF would be paying for a one-story building and that if it were two stories only half of the amount would be needed - the superstructure could be halved. She felt that half of the superstructure cost should be removed because the single story is the developer's preference. Councilmember Cummins asked how the project compares to other TIF projects in terms of percentage of project cost. Treasurer Shaughnessy responded that under 10� of the total building costs is less than other projects. � Page No. 3444 November 3, 1992 Mr. Casserly.pointed out that the total project costs include a tremendous amount of telecommunication costs. After discussion, Councilmember Cummins moved to approve TIF in the amount of $696,150, subject to deletion of landscaping assistance and reallocation of the financing, and to direct staff to prepare a developer's agreement in accordance with state requirements. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE Council acknowledged a report from Public Works Director Danielson regarding the Mendo�d'� Interchange project and recommending a public hearing on watermain installation proposed to be completed in conjunction with Mn/DOT's Stage II construction. Due to time constraints, Mn/DOT has combined Stage I and Stage II into a single, two-year project and will let the project this winter. Councilmember Cummins moved adoption of Resolution No. 92-76, "RESOLUTION ACCEPTING ENGINEER�S REPORT AND CALLING FOR HEARING ON PROPOSED WATERMAIN TO SERVE THE SOUTHEAST FRONTAGE ROAD (IMPROVEMENT NO. 84, PROJECT NO. 2C)," the hearing to be held on December 15th. Councilmember Koch�seconded the motion. Ayes: 5 Nays: 0 STORM WATER UTILITY Public Works Director Danielson reviewed a memo from Engineer Klayton Eckles regarding the proposed Storm Water Utility ordinance and hearing requirements. Mayor Mertensotto stated that Council should have sample ordinances from other communities for comparison purposes. Public Works Director Danielson responded that Council will set the policy and that staff will submit sample ordinances for Council review. Councilmember Cummins moved to order a public hearing on adoption of a proposed ordinance to establish a Storm Water Drainage Utility, the hearing to be held at 9:00 P.M. on December ist. - Councilmember Koch seconded�the motion. Ayes: 5 Page No. 3445 November 3, 1992 Nays: 0 MAYFIELD HEIGHTS Council acknowledged and discussed a report DRAINAGE DIVERSION from Public Works Director Danielson regarding the Lexington Avenue drainage problem which had been identified within the Lower Mississippi River Storm Water Plan. He explained that Lexington Avenue forms boundaries between the Lower Minnesota and Lower Mississippi drainage districts. Costs for the proposed project would be shared equally by Lilydale and Mendota Heights. Ayes: 5 Nays: 0 CITY HALL FUND TRANSFER Ayes: 5 Nays: 0 CANVASSING BOARD Ayes: 5 Nays: 0 Councilmember Cummins moved to delay action on the proposed project to January 5th. Councilmember Koch seconded the motion. aa. •- 1 Mayor Mertensotto directed staff to submit the proposed joint powers agreement for the improvement to the City of Lilydale for its execution. � Council acknowledged a memo from Treasurer Shaughnessy regarding the City Hall construction account and recommending a transfer of $95,000 from the General Fund surplus to finance the unpaid construction expenses.. Councilmember Blesener moved to authorize the transfer of $95,000 from the General Fund Unappropriated Surplus to the City Hall Fund. Councilmember Cummins seconded the motion. Councilmember Cummins moved that the Election Canvassing Board be scheduled for 5:30 P.M. on Wednesday, November 4th. Councilmember Smith seconded the motion. COUNCIL CONII�IENTS Councilmember Cummins expressed concern that there has been no resolution of the legal services issue, and pointed out that $50,000 has been set aside in the budgeting process. He endorsed Winthrop and Weinstine, commenting that their legal services have been excellent. He asked that the firm submit a specific : proposal for Council's discussion and felt that Council should conclude the matter before Page No. 3446 November 3, 1992 budget adoption, which is scheduled for December 1st. Administrator Lawell informed Council that the City is not bound to bid professional services, and that bidding would take considerable time. Councilmember Blesener felt that the City should negotiate with Winthrop and Weinstine but should also get cost comparisons. ADJOURN There being�no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to the November 4th Election Canvassing Board meeting. Councilmember Smith seconded the motion. "''��' Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:05 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk 9 � � ^ 1 0 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL November.3, 1992 General Contractors License Atlas Roof ing Bernard J. Dalsin Company Diamond Siding Elite Roofing B.A. John Construction R.L. Johnson Co. United Sprinkler Inc. Charles Urbach Excavating License Bollig & Sons, Inc. ., D.C. Excavating Eagle Contracting Meyer Contracting Inc. Wenzel Plumbing & Heating, Inc. Gas PipinQ License Rouse Mechanical Plaster, Stucco & Drywall License Quality Drywall Masonry License K. Nordwall & Assoc. Inc. � 0 � A �- Page No. 3447 November 17, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting He1d.Tuesday, November 17, 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 we�re present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Koch and Smith. ��._ � � AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Smith moved approval of the minutes of the November 4, 1992 Election Canvassing Board meeting. Councilmember Blesener 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. Acknowledgement of the Treasurer's monthly report for October. b. Acknowledgment of receipt of the minutes � of the October 7th and October 22nd NDC-4 meetings. c. Adoption of Resolution No. 92-77, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR NORTHLAND DRIVE RAILROAD CROSSING AND TERMINATION OF ESCROW AGREEMENT." d. Adoption of Resolution No. 92-78, "RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH MN/DOT FOR ROAD LIFE COMPENSATION.FOR MENDOTA HEIGHTS ROAD." " Page No. 3448 November 17, 1992 e. Adoption of Resolution No. 92-79, "A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY." f. Acknowledgment of the minutes of the November 10th Parks and Recreation Commission meeting. g. Approval of the list of contractor licenses dated November 17, 1992 and' attached hereto. • k. Approval of the list of claims dated° November 17, 1992 and totalling $621,818.61. 1. Approval of the permanent appointment of'�'" Gary Pike as Public Works Maintenance Worker and his progression to the level of Maintenance II. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ASSOCIATED BUREAUS Council acknowledged a memo from Treasurer .Shaughnessy and a proposed developer's agreement for the use of Tax Increment , Financing for the Associated Bureaus project. City Attorney Hart stated that he believes the agreement to be fairly close to a final draft. He informed Council that he received a surprising call recently from the financing representative for ABI reiterating their desire for a land write-down in the financing package, which is not Council's preferred package. Council's stated preference was that there be no land write-down he had suggested to Mr. Casserly, ABI's financing representative, that he give the city an ;opinion that the e�cpenses proposed are eligible for TIF. He stated that Mr. Casserly 'will only provide an opinion if it includes a �land write-down and says that basically the city will be funding the costs of the schedule provided by the developer and the mechanism for doing it is a land write-down. Mr. Hart further stated that Mr. Casserly has been told that this is not the way the city wants to go and that the city wants to be kept out of the chain of title. iie pointed out that there may also be other reasons why this is not the way Council wishes to go. He stated that he Page No. 3449 November 17, 1992 believes the costs which were itemized fall within the general parameters of the basis on which the economic development district was established but he thinks it is appropriate , and reasonable to ask for an opinion from ABI's legal representative that the costs are eligible. • Councilmember Blesener asked what risk the developer would have if they do not have a land write-down clause in the agreement. Attorney Hart responded that the city . indemnifies in the agreement that if parts of the schedule were ever to be considered� inappropriate for use of TIF the city would get its money back. , . � "'� ` ' Mayor Mertensotto asked whether a bond was sold for the original TIF. Treasurer Shaughnessy responded that only $1 million was bonded for the initial project, and the final payment on the bond is due in 1993. Funding for the ABI project would come entirely from taxes generated on the project. Mayor Mertensotto suggested that the agreement be laid over to the next meeting and that Attorney Hart point out to Mr. Casserly that bond proceeds are not being lised to finance the project. � Councilmember Cummins asked if the real hang- up is that Mr. Casserly won't give the city an agreement letter or if he wants the indemnification clause removed. Attorney Hart responded that Mr. Casserly does not want the clause removed but he does.not want to give an opinion letter without the land write-down. He felt that it is certainly reasonable for the city to require an opinion. Councilmember Smith asked if the city is at risk if it does not receive an opinion. Mr. Hart responded that there is always some risk in transactions of this type and the city would have a good argument that all of the costs in the proposal qualify for TIF. There is, however, is certainly a possibility that someone involved in the government could challenge it in future years. He stated that although this would be highly unusual, he would rather have the comfort of knowing that � Page No. 3450 November 17, 1992 the developer has looked at it at the outset as well. He further stated that United Properties' legal representative agrees with the city's approach. It was the consensus that action on the matter be tabled to December lst and that City Attorney Hart be directed to confer with Mr. Casserly. AIR NOISE UPDATE Council acknowledged receipt of a community air noise update from Administrator Lawell, specifically regarding the MAC P&E Committee recommendation for a 60 day fanned corridor procedure test, a hearing on the MAC Noise Ordinance to be held on November 30th, and a complaint from Mr. Joe Meagher regarding "'.`' Runway 4-22 usage. Council also acknowledged a copy of a memo from Nigel Finney P&E Deputy Director regarding corridor issues, a copy of a letter from Metropolitan Council Chair Mary Anderson to the MAC Commissioners regarding the P&E Committee recommendation, copy of a letter from Administrator Lawell to MAC Chair Hugh Schilling, excerpts from material presented at the November 12th MAC meeting relative to the MAC Air Noise Budget, and a copy of a letter from MAC Aviation Noise Programs Manager to Administrator Lawell regarding runway 4 operation's. Mayor Mertensotto informed Council that the MAC has rejected the recommendation of the P&E Committee, and adopted its staff recommendation, which the city objects to, even though the P&E Committee had unanimously recommended implementation of the 60 day test. He stated that the city has even received a surprising letter from the Metropolitan Council that the city did not comply with land use requi�ements, which is incorrect. Councilmember Smith stated that the city seems to have lost the battle but that she thinks there are more avenues from which to approach the matter. She suggested that Council request that an air noise abatement committee be formed, consisting of a staff inember, a Council member and citizen members to form strategies and help alleviate the problem. Mayor Mertensottovagreed, stating that if the city is�ever succeed, it must have a citizens �'4 m Page No. 3451 November 17, 1992 group. He supported the appointment of a steering committee before the end of the year. PARK DEDICATION FEES Council acknowledged a memo from Administrative Assistant Batchelder regarding a proposed increase in the park contribution formula: Councilmember Blesener suggested that the formula for large lots is disproportionate and that perhaps Council should consider a l00 land de�lication or a fee equivalent to 250 of the value of 10% of the land. Administrator Lawell responded that the Park and Recreation Commission generally felt that large property owners could afford a larger '�'' `"'' fee but did not suggest one. The issue is one of all the property that has developed previously under the existing set of rules of either land or $750 per lot. The question is one of whether those who develop properties now should be penalized. •• Administrative Assistant Batchelder stated that the park dedication survey does not provide information on whether developers have the choice of cash or land dedication. Typically, if there is a large subdivision in the city, a land dedication is required. For small developments, the city likely could not get enough land to be useful. He stated that the question is what is appropriate as a cash dedication, and that his memo suggests establishing a dedication based on the use of the parks by the new lots although there certainly is an equity issue. Councilmember Smith did not think a good reason to charge more is that those who own large properties can afford it more. She also felt that the multi-family contribution is too low because such developments bring more people and more demand for parks - multi- family is a much more intensive use than single family. She asked whether other communities relate park dedications to land acreage or the number of units proposed. Assistant Batchelder responded that Fridley has a square foot rate but that is for a commercial cash dedication and calculates to about $1,500 per acre. � � Page No. 3452 November 17, 1992 With respect to multi-family, Councilmember Smith asked if there is a way to tie a land dedication to a per unit basis, for instance 12 units per acre pays 12 times the dedication fee or land. She asked if multi-family can be put on a formula basis to make it equitable with single family. Councilmember Blesener stated that Council is basically going to pass a new resolution to • establish park dedication for all properties . in the city. She objected to larger lots paying more, pointing out that the large lot = developments already preserve open space. She suggested tying the number of units to the amount of land to be dedicated or the site of the plat. She felt that it is important tha��•�� the city always protect its option to require land or cash and should have a greater roll in determining which form the contribution should be. Assistant Batchelder responded that the park dedication ordinance language clearly states that the city has the option of choosing cash or land. Counc'ilmember Cummins stated that he does not share the concern over large lot contributions but could see graduating the fee upwards for large lots. In those cases, the city has the option of taking a very big piece of land which would have much greater value than the proposed cash dedication. Councilmember Smith responded that she does not believe there will be enough lots platted in excess of 1.5 acres in the future to make any difference. Councilmember Koch stated that the whole proces� bothers her and that she feels the park contribution requirement is a burden to land owners. She further stated that while she understands that the city must look out for its interests, but the recommended contribution rates are proposed to change dramatically from the existing rates and she sees no rationale for the increase. Councilmember Smith stated that the 10� land dedication has little relationship to the cash dedication amounts. She asked whether Page No. 3453 November 17, 1992 increasing the charges is a priority of the Park Commission. Assistant Batchelder responded that the Commission was looking at a specific subdivision proposal recently and when they made their recommendation for increasing the fee they felt there should be a larger fee for larger lots. It was the consensus to table the matter and direct staff to prepare additional research. IVY FALLS CREEK Mayor Mertensotto opened the meeting for the purpose of an informal hearing on proposed Ivy Falls Creek improvements. Council """ acknowledged a report from Public Works Director Danielson; a letter from Mr. Chris Doyle, 642 Maple Park Drive, expressing concern over the easement over his property and the potential for personal injury; a letter from the City's insurance risk manager, Berkley Risk Services, Inc., in response to Mr. Doyle's letter; a copy of the letter sent to affected property owners informing them of this evening's informal hearing and proposed project details; and an excerpt from the "Ivy Falls Creek - Conceptual Design Report," prepared by BARR Engineering for the Lower Mississippi River Watershed Management Organization. Council also acknowledged letters from the Lorentzen family trust supporting the project, from Ellis Abrahamson objecting to the proposed improvement and assessments and suggesting another stabilization plan as proposed in a letter from a consultant he had asked to look at the problem, and a letter from Mr. & Mrs. Eric Miller objecting to the proposed assessment plan. Hydrologic engineering experts Jim Langseth, from BARR Engineering, representing the Lower Mississippi River WMO, and Glen Sanders, from Wenck Engineering, were present to introduce the project. Mayor Mertensotto informed the audience that no decisions would be made on the project this evening. He turned the meeting over to Public Works Director Danielson. Page No. 3454 November 17, 1992 Mr. Danielson gave the audience a history of the project and showed several slides of the creek and its tributaries to identify the major problems for the audience. Mr. Langseth reviewed several overhead graphics. He explained that the creekbed is searching for a flatter slope and will not quit eroding until it finds a flatter, more stable slope. The creek bottom will continue to drop, and as it drops it also meanders, cutting into either bank. In order to avoid the consequences, the creekbed must be stabilized. He reviewed the many solutions which have been considered, and stated that considering the initial cost, cost over time, safety, etc., the best and most cost effecti��' solution has been determined to be to provide additional ponding capacity in the Ivy Falls Park pond and to install small drop structures in the creek bed to stabilize it. He informed the audience that the drop structures, which will look like small water €alls, will blend in with the environment, reduce erosion and sedimentation, and will be aesthetically pleasing. He stated that the solution, which will raise the creek bed, stabilize it and restore the valley walls, is a proven solution and a cost conscious one. Mr. Sanders stated that his firm was contacted by the city to review the BARR Engineering design and criteria to see if it is a viable solution for this project. He informed the audience that after reviewing all of the alternatives for the project, he agrees with what is proposed by BARR as being the best and most cost effective solution. Mayor Mertensotto asked for comments from the audience. Mr. Ellis Abrahamson stated that the expert he had contacted, Dr. Paul Earle, suggested using sandbags and restricting yard sprinklers. He asked whether the city's consultants consider the soil in the area stable. Mr. Langseth responded that any soil at too steep a slope is unstable, so it is vital that the slopes not be excessively steep - if ground water is discharging out of a slope, the slope is inherently unstable. ,� Page No. 3455 November 17, 1992 Mr. Jerome Crary informed Council that he lives at the curve in Laura Court. He stated that something has been left off of the experts' charts. When the gabion project was done several years ago, the commitment from the former City Engineer was that if the project.did not solve the problem the city would build a second structure behind his house because the intent was to try to break up the flow of the creak. The water goes down from Dodd through the gabion structures and begins to boil and cause much erosion. He stated that he is disappointed to hear that Laura Court is not being addressed and nothing is to b� done with the culvert and that he continues to lose property and his retaining wall. Also, he felt that it would be 1�»•�� beneficial to take a video of the creek during a storm to see the creek in action. He stated that when there is a heavy rain the run off from above keeps picking up velocity. Public Works Director Danielson responded that the intent is to improve the outfall behind the Crary home - the outlets are where problems typically occur. Mr. Jack Brassard stated that he has recently walked down the creek and that there are about 25 trees in the creek now, 1-1/2 to 2 feet in diameter, which are probably 75 years old and can never be replaced. He further stated that there are trees on the bank which could never be replaced if they are lost. He informed Council that the Miller property is terrible and another major storm could jeopardize the foundation of their house. He felt that something must be done now and it should be nothing less than the best project to take care of�the problems. Mr. Alan Taylor, 1297 Sylvandale, asked what will be done where the culvert runs past his house. Public Works Director Danielson stated that the final design has not been done yet but that he envisions putting the water into a pipe and piping it down to the main stream channel from the road. Mr. Taylor responded that if this were to be the solution he would lose the creek which enhances his property. . :. Page No. 3456 November 17, 1992 Ms. Joan O'Brien expressed her concern that the entire watershed area is not paying for the improvement. Public Works Director Danielson reviewed a map depicting the drainage district which contributes to the flow in the creek. He explained that about one-half of the water comes from West St. Paul, which will contribute to the project costs based on the Watershed Management Organization formula. He reviewed the funding formula, which consists of assessing 15% of the project costs and financing the remaining 85� through tax increment financing for pond ° construction costs, extension of the levy which was initiated for the first Ivy Falls project, a contribution of $55,000 from the City of West St. Paul, and the initiation of �'� "��'' storm water utility. Ms. O'Brien asked if some of the water from new developments can be re-directed so that it does not flow into the creek. Mr. Danielson responded that there is no opportunity available to re-direct the flow. Mr. Langseth stated that it may be possible that some of the water coming from West St. Paul (68 acres) will be diverted in the future as part of a global watershed within the WMO, but that to take water from low areas to high areas (streets) would be extremely'costly if at all possible. Ms. Marilyn Miller commended Council and staff for an excellent presentation and asked for an explanation of the area/frontage assessment and why it is proposed to assess 15� when Council had discussed percentages varying between 10� and 30� at a recent workshop she attended. Mayor Mertensotto responded that there was discu�sion over assessments of 10�/20%/30% at the workshop and that Council had to look at the o�terall financing package. Any reduction of the proposed assessment percentage would result in an increase in the proposed quarterly charge for the storm water utility. Councilmember Blesener stated that the 10� figure was never endorsed but was simply put forth as an alternative. Mrs. Miller stated that from a home-owner's viewpoint she thinks it should be seriously considered and that she has a problem with the � �� Page No. 3457 November 17, 1992 t o the possibility of assessing the homeowners's association. Mayor Mertensotto responded that the association does not have any money and if it were assessed it is likely the property would go tax forfeit. He stated that he does not think there was ever any thought given to assessing the association. Administrator Lawell stated that the total project cost has remained the same through much of the discussion that has occurred. The percentage of assessment has held at 15�, and the amount that was outside of that which was proposed at one time to be assessed to the association has been absorbed by the storm "'� '� "'� water utility and not by assessments. Mr. Harvey Miller, 715 Sylvandale Court, stated that the association is a going concern which has money and pays taxes on the property and insurance. He felt that•it should be assessed and that no one in the association would disagree with getting something done to the creek. Mr. Alan Taylor, 1297 Sylvandale stated that part of the assessment is for area and part for frontage. The creek becl contributes to the frontage part of his proposed assessment, yet the creek will be taken away from him if the project is done. Mayor Mertensotto asked why pipe is being suggested for this reach. Engineer Klayton Eckles responded that the property borders the main creek as well as the tributary, and when he did a cost calculation for addressing the problem of the tributary, which has some serious erosion, he determined that the most cost effective solution would be to install a pipe in the tributary. He further explained that significant cost is added to the project when pipes are added to take care of the tributary erosion problem. This is why the proposed Taylor assessment has increased. Adding the pipe is just for the benefit of the Taylor property, which is not part of the creek system. Public Works Director Danielson stated that at this point the project is just in the . Page No. 3458 November 17, 1992 schematic design process and that he would be willing to work with Mr. Taylor to do something more desirable to him. Mr. Abrahamson asked Mr. Sanders to respond to his expert's suggestion. Mr. Sanders responded that his opinion is that the sandbags could possibly be used in a low flow situation but big storms would wash them away. He did not believe they would work in the creek. Mr. Crary stated that discussion has been going on for 10 years and the problem has been studied to death. He further stated that all anyone must do to know that something must b�`''"�' done is to look at what has happened to the creek over the past several years. He further stated that people must realize that 850 of the proposed cost will be funded by sources other than assessments and that everyone must consider the hazards which e�cist. Mr. Brassard stated that no one wants to pay an assessment but that property owners are losing as much in value per year as what is proposed to be assessed. Mr. Abrahamson referred to �he statement in his letter regarding the former City Engineer's comments on future assessments. Mayor Mertensotto responded that Mr. Abrahamson was quoting from an engineer's report which Council has no background on and informed Mr. Abrahamson that Council would never tell an individual that he would never be assessed for future improvements. Councilmember Smith stated that essentially only gabions have been presented as a solution yet the consultants say that other options could be feasible. She asked whether the engineers, in the design stage, will look at other possible options where something as sturdy as a gabion is not needed. Mr. Langseth responded that this is the phase of the study at which one determines which alternative will be the most cost effective: the alternatives have already been narrowed down to the small,drop structures, and gabions are the best of small drop structures in terms of proven technology. He further stated that Page No. 3459 November 17, 1992 most of what would be considered as alternatives are unproven and he could not say that they would be durable enough and that he believes what is proposed is the most appropriate and cost effective solution. Councilmember Smith asked what kind of life can be expected from this type of improvement. Mr. Sanders responded that gabions were first developed in Europe and have been in use for about 50 years - they have been in use at least 20 years in Ntinnesota and have held up well. He stated tYiat he feels the gabion drop structures provide'the best solution. Responding to a question from Councilmember ��»��� Smith regarding ponding, Engineer Eckles stated that the existing pond in ivy Falls Park does not even have to change. The plan is to increase the holding capacity, not to increase the size of the pond. The pond will hold more water for a period.of time, and that water will totally empty into the creek at a metered rate. There being no further comments, Mayor Mertensotto thanked the audience members for their attendance and comments and reminded them that a formal public hearing on the matter will be conducted on December 1st. STORM WATER UTILITY Council acknowledged a report from Assistant City Engineer Klayton Eckles regarding the proposed storm water drainage utility ordinance and policy. Council also acknowledged receipt of the proposed policy. Councilmember Cummins moved that a public hearing on the establishment of a storm water utility be held at 8:00 P.M. on December 15th. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 PROSECUTION FEES Council acknowledged a memo from the City Administrator regarding a request from Winthrop and Weinstein for an increase in police prosecution legal fees. Administrator Lawell summarized the information for Council. After discussion, it was the consensus to increase the prosecution line item in the proposed 1993 budget by $33,000 for purpose of Page No. 3460 November 17, 1992 the December lst public hearing and to direct staff to request proposals from legal firms. COUNCIL COMMENTS Mayor Mertensotto asked Public Works Director Danielson to contact Mrs. Kennedy with respect to future planning for the utility layout which will affect her property on Delaware Avenue. Councilmember Cummins informed Council that the Metropolitan Council District 15 seat is up for appointment and he is a member of the screening committee. Councilmember Blesener asked why a large pile of sand has been dumped in the Mendakota Park parking lot. '� '� + Administrator Lawell stated that the material will be needed in the spring and was placed in the parking lot now so that it can be moved onto the field areas after the ground freezes and does not have to be brought in during the spring when the ground is soft. Councilmember Blesener expressed concern over � the safety of�children who are playing in it and potential damage to the parking lot. Administrator Lawell stated that he will look into the matter further. 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 ATTEST: Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 11:06 o'clock P.M. Kathleen M. Swanson City Clerk � �� LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL �J � November 17, 1992 • General Contractors License � � Ryan Company Inc. Industrial Door Co., Inc. ' � Concrete License A& B Cement Const. Inc. Hafner/Nelson Masonry Inc. Gas Piping License Rouse Mechanical Metro Air Inc. Waste Inc. DBA A-Aarons HVAC Contractors License Northwestern Service, Inc. Metro Air, Inc. � � 0 � CITY OF MENDOTA HEIGHTS DAROTA COIINTY, MINDT�SOTA PLANNING COI�SISSION OCTOBER 27, 1992 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 27, 1992, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Dwyer, Krebsbach, Tilsen. Commissioners Dreelan and Duggan were excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MIN[JTES AYES: 4 NAYS: 0 ABSTAIN: Commissioner Tilsen moved approval of the September 22, 1992, Minutes. Commissioner Koll 1, FRIEL Commi s s ioner 1992, Joint Minutes. Commissioner AYES: 4 NAYS: 0 ABSTAIN: 1, FRIis'L HEARING: CASE NO. 92-31: MAZZARA - SOMERSET PLACE PUD seconded the motion. Tilsen moved approval of the September 29, City Council/Planning Commission Workshop Koll seconded the motion. Chair Dwyer briefly explained that the�applicant, Mr. Gerald Mazzara, had been before the Plarsning Commission on September 22, 1992 with a preapplicatipn discussion of the Somerset Place Planned Unit Developznent (PUD). He stated the applicant is proposing to subdivide a 10 acre parcel into three single family lots with a common outlot designated as Wetlands. Mr. Gerald Ma.zzara, representing both the owner and buyer, was present to discuss the proposed PUD. He explained he held a meeting with the adjacent neighbors about two weeks prior to the Planning Commission to discuss the proposal. ,a,. .. _ �. f � r � October 27, 1992 Page 2 Mr. Mazzara explained plan changes as originally discussed at the preapplication meeting. He stated the location of vegetation has been identified along with the three building pads. He stated the south site has been moved towards the wetlands away from the east property line which should help protect the view of the adjoining Garrett property on the east. He stated there is new plantings that are proposed which will enhance the buffer zone from the east and south. Mr. Mazzara explained that 10,000 square feet has been reserved for each site for on site septic systems. He stated he has provided results of the soil boring tests to the City and Planning Commission. He stated that once ��.. �-� the PUD has been approved, each site will be tested by a well company. He further stated he would provide a wetland boundary map once the PUD has been approved. Mr. Mazzara discussed public road access. He stated a superblock plan does not exist at this time. He stated it would be inappropriate to bring a public road through this development. He further stated he has prepared several concept plans for public roads in the area, as a possibility. He submitted the plans to the Planning Commission. He stated the land in the 'area could be served with public or private roads. He stated there seems to be opposition to public roads in this area. He further stated the property owners within the Superblock area have not seen the proposed concept plans . He stated he is only submitting these plans as a point of reference and information to the Planning Commission and property owners in the area. Mr. Mazzara stated he would provide home owners association documents and covenants to the City Council prior to final approval of the plat. He stated, at this time, a draft copy has been prepared. Mr. Mazzara noted the recommendation, :by the Parks Commission, was to provide additional platted right-of- way and trail easement along Wentworth artd through the wetland area. He stated this is something .they would not like to do. He stated that if a park plan was approved by the residents in the area, then they would be willing to provide an easement for the entire superblock area. Commissioner Tilsen stated a more precise wetlands boundary survey ma.p should be provided to the City. He stated the wetlands could be in jeopardy if they were larger area�than indicated on the map. He stated preserving the wetlands area is an important issue and he October 27, 1992 Page 3 would be inclined to not recommend approval of the request if the wetlands are further encroached upon. Mr. Mazzara responded if the Planning Commission recommends approval, he would be willing to have the wetlands reviewed by a biologist. Commissioner Krebsbach inquired if the proposed septic system is adequate for the size of lots proposed. She inquired as to what Dakota County's standards are. She further noted her concerns for the amount of grading which will occur for this development. Mr. Mazzara responded City staff has reviewed the grading plans and there seems to be no problem. He further stated he feels �.....� confident that the size of lots for the septic systems is adequate. He stated he would be willing to validate his confidence with Dakota County. Planner Uban stated he would like to see refinement of both the grading and septic field plans. Chair Dwyer stated the integrity of the wetlands is a real concern and maybe a scenic easement could be agreed upon with the ultimate buyers of the property. Planner Uban responded a scenic easement could be done within the PUD. He stated there are several elements related to this plan which are sensitive. Mr. Mazzara stated he has no problem with helping define the wetlands area. Commissioner Friel stated his concerns for the use of private roads in this area. He stated most private roads are not maintained properly and there could be public safety access problema. He noted the inconsistency in the proposed right-of-way on the plans and what is actually required within the Subdivision Ordinance. Commissioner Friel stated the Subdivision Ordinance requires a thirty foot right-of-way and the proposed development indicates a twenty foot right-of-way. Mr. Mazzara responded he was not aware of the restriction. He further stated the proposed road width was determined based on preserving the evergreens in the area. He stated they can do a thirty foot right-of-way. In response to a question from Commissioner Friel, Chair Dwyer stated there is no sanitary sewer service available. Mr. Mazzara stated there will be well service on site. Commissioner Koll stated she has concerns for drainage and the location of septic systems next to the wetlands. She further stated the Fire Marshal should be given an opportunity to review and approve road access. She October �27, 1992 Page 4 � stated she has no problem with the development of a private road. � Chair Dwyer opened the meeting to the public. John Bradford, 1673 Delaware Avenue, inquired as to how the superblock would have evolved had Mr. Mazzara been approved earlier. He questioned how the three new landowners of the Harris property would be a part of the superblock study. Chair Dwyer responded�each property owner is protecting their rights as a landowner and that Mr. Bradford's point is well taken. � Planner Uban stated a meeting of the superblock residents is scheduled for November 9, 1992. He stated the scheduled meeting begins the process of planning the superblock area. He stated the need for roads, parks and utilities will be researched. He stated the City is looking for ideas from property owners regarding their long term potential for subdividing their parcels. He further stated he is only able to give recommendations to the City Council. Commissioner Friel stated area is "just a plan�� . cooperation from all of th the plan for the superblock He stated it will require e land owners in this area. Tom Garrett, 540 Wentworth Avenue, stated he has known Mr. Harris for some time. He stated that by constructing a public road through this area would ruin the properties and jeopardize the wetlands area. He stated by creating a road and having an access point off of Wentworth Avenue would create a dangerous intersection. He stated it would be nice to see the Harris property remain as is but he understands Mr. Harris' right to sell and develop his land. He stated if the property is to be developed, he would like to see the development of the�property kept consistent with the existing neighborhood. Commissioner Koll concurred with Mr. Garrett stating it would be nice to keep this territory preserved. She stated again she is not opposed to constructing a private road. Mr. Ma.zzara stated he designed concepts to show possible ideas for developing public roads in this area. He stated at a meeting, held by him with the property owners of the superblock area two weeks earlier, some property owners expressed their ideas for developing their land and other property owners sta�ed they had no intentions of developing their property. ia.. . _�. � � October 27, 1992 Page 5 Mr. Mazzara r�viewed Plan A which represented a loop road with l9 lots; Plan B showing two acre lo�s giving plenty of room for on si�.e septic sy�tems and raad access off o�' Marie exiting onto Delaware Avenue; Plan� C showing another loop concept with 9 large lots; Plan D Showa.ng a 700 foot cu1.-de-Sac and Plan E s�howing an enhanced cul- de-sac with a larger turn around. He reiterated to the Cammi�sian and property owners present at the meeting that these plans are all just id�as. Chair Dwyer stated the concept plans, as praposed by Mr. Mazzara, seemed to implicate the Bradford property. Mr. Ma.zzara responded it seemed the Bradford's may have a future interest in developing their land and he was only ���w--� trying to accommodate their plans for �.he future. He s�ated he prepared these plans based on what he had heard and discussed at the.mee�.ing held two weeks. Mr. Bradfard �tated �.he City has been given ideas in the past for develapment of property in the,superblack and the ideas were not acted upon. He fur�her stated the proposed concept plans Mr. Mazzara presented tonight reflect no consul.tata.on time wi�h him. Commissianer Krebsbach inquired what feelings were generated for the constructian o� a pub�.ic road through the property at the neighbarhood meeting. Mr. Garrett responded no one wants a road through the property. Ted Weyerhaeuser, 610 Wentworth Avenue, stated he owns 10 acres of land within the superblock area. He stated he is again�t having any roads constructed �.hrough thi� area. He stated his land is low and good for wildlife, In re�ponse �o a que�tion f�om Commissioner Friel, Mr, Mazzara s�a.ted the propo�ed plan submitted for review i� intended to be a pre7,iminary plat. Mr. Mazzara stated his concerns for public righ�-of-way o� 6Q feet s�ating �ree pre�ervation is an is�ue. He s�ated the private raad i� a part of the preliminary plat and with �.his concep�., the Garre�t property is pr.otected from �ignificant traffie. Commissioner Tilsen stated �.he private road concep� is acceptab7.e. He stated we�land encroachment is a concern. He reiterated is concern.�s for placement of �he wetlands a� submitted an �he plans by Mr. Mazzara. He further s�ated private �ewer systems are fine, if tY�ey are con.sidered temporary. xe stated he would like to cansider another way of handling the sewer system due ta October 27, 1992 Page 6 ' the life expectancy of on site septic systems. He discussed the possibility of public road and utilities construction in the next twenty to thirty years. He further suggested an easement be provided on the south property line for future septic system replacement. Planner Uban stated an on site septic system can last forever if properly maintained. He stated the City of North Oaks has been using on site septic systems since the 1950's. He stated the City of North Oaks enforces very specific rules in maintaining the on site systems. He further stated the County and Metropolitan Council require 5 to 10 acres for on site septic systems. aa.. .. ..• The Commission briefly discussed gas and electric utility services in the area of the superblock. Relating to the private road vs public road concern, Commissioner Friel stated it is necessary to provide the appropriate width for right-of-way because in the future, he does not want to j eopardize the ma.iritenance of the roadway with the possible changes of ownership in the area. He further stated his concerns for maintenance and public safety. In response to a question from Commissioner Krebsbach regarding the location of fire hydrants and fire safety, Public Works Director Danielson stated the City of Sunfish Lake does not have fire hydrants and the Mendota Heights Fire Department provides fire service to this City by using their tanker trucks. He stated the City's Fire Department is prepared to handle fire safety questions. Commissioner Tilsen stated an accurate wetlands boundary survey should be updated. He further stated the trail sy.stem should be reviewed further as per the Parks Commission recommendation. He further stated the on site septic systems is a real issue and an easement along�the south property line should be considered for fut�ure septic system ma.intenance. He stated a public right-:of- way should be provided without detriment to the proposed plan. He suggested a 60 foot right-of-way could serve Lot 3 through Lots 1 and 2 without the road being centered in the right-of-way. Commissioner Friel concurred with Commissioner Tilsen in stating that an accurate wetlands boundary survey should be updated. He further stated the on site septic systems should be researched further -to provide more room. He further stated he would like to see documents regarding October 27, 1992 Page 7 the convenants. He further suggested research in providing public access be done. Commissioner Krebsbach moved to continue the public hearing until November 24, 1992 at 7:30 o'clock P.M. Commissioner Friel seconded the motion. Mr. Mazzara stated a soil borings test was completed for this property. He stated there is a time problem in that the sale of the property is conditioned on the approval of this request. He stated if required, the trail system will be done. He further stated that normally the convenants are reviewed at the time of the final plat process. He stated they are trying to avoid the public right-of-way and he will provide and sanitary sewer easement. Mr. Garrett stated he objects to the required 60 foot public right-of-way in that many trees will be lost and that it will diminish property values si�nificantly, Mr. Mazzara stated the neighbors in the area are happy with the proposal and does not understand why there are so many objections from the Planning Commission. Commissioner Friel responded the Planning Commission enforces the City's Zoning Ordinance and is only trying to abide by the requirements of the Ordinance. He stated the Planning Commission is not in the position of carrying out recommendations not based on the Zoning Ordinance. Mr. Thomas Hu, potential buyer of the property in question, stated he feels they are trying to provide the neighborhood with a well designed proj ect that will blend in. Alice Bradford, 1673 Delaware Avenue, stated she owns five acres of land next to the proposed subdivision. She stated if.the City plans to put a road through it would help her �and. She stated if a road comes through the side of the land to Delaware it will be very steep. She further stated a road in between the houses is not a good idea and she is not in favor of the project. VOTE ON THE MOTION: AYES: 3 NAYS: 2, ROLL, DWYER �`�. a . J. CASE NO. 92-33: MCGIIIRE - VARIANCE AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 Mr. Timothy McGuire, 30 discuss his request for allow th� construction addition. October 27, 1992 Page Dorset Road, was present to side yard setback variance to of an attached garage and an Chair Dwyer stated the Planning Commission received Che sketches and signatures of consent from the property owners. � Commissioner Tilsen stated Mr. McGuire's corner lot width �...._� is less th�n the required 100 foot lot width as it was platted in the 1940's. Commissioner Koll stated the proposed plan fits the neighborhood well and she approves of the request as she considers it an asset to the area. Mr. McGuire stated he has not yet decided if he will remove the sidewalk leading to Dorset or if he will replace it. He further stated he would like his address to stay as it is on Dorset and that the driveway will be removed. Chair Dwyer moved to waive the public hearing. Commissioner Koll seconded the motion. Chair Dwyer moved to recommend that the City Council grant a four and one half foot (4' 5") side yard setback variance allowing the new garage addition to be built as proposed on the site plans as submitted conditioned upon the removal of the old driveway and replace it with sod. He further noted the applicant should use his discretion in preserving the sidewalk. Commissioner Koll seconded the motion. 0 October 27, 1992 Page 9 ' HEARING: CASE NO. 92-32: • TEL NORTHLAND LAND COMPANY - SIIBDIVISION Mr. George Burkards, representing the Northland Land Company and Mr. Wayne Bishop, representing Walsh/Bishop Architects, were both present to discuss an industrial subdivision, which is a replatting of the original preliminary plat of the Mendota Heights Business Park to accommodate lot configurations for Associated Bureaus. In response to a question from Chair Dwyer, Mr. Burkards stated Associated Bureaus is a nationally scaled �..._� collection agency with 400 employees. He stated employment in five years could reach 600 employees. He stated the Company is ranked fourth or fifth in the Country. Chair Dwyer stated road realignment is being done through the preliminary plat process and the proposed square footage of the building is 65,000. He stated United Properties is not developing this land and questioned if they will be monitoring the development. Mr. Burkards responded they will be monitoring the development. In response to question from the Commission, Mr. Burkards stated they will work with the City Engineer in meeting their requirements for street right-of-way. Chair Dwyer also noted the proposed plan accommodates 400 employees and that Associated Bureaus has a five year option to acquire an additional 6 acres of land adjacent to the site to accommodate future parking lot expansion. He further discussed the grading plan stating the City's Planner feels it conforms with the natural terrain of the site, except for a portion of the parking at the northwest corner which extends over the existing slope. He stated the proposed slope around the parking lot is 2:1 and the Planner suggests it should be reduced to a 3:1 slope to minimize the slopes in the parking area. He further stated the landscape slope should be 3:1. Mr. Burkards stated the slopes should have originally been noted as 3:1. Commissioner Friel inquired about the airport safety zoning regarding the population assigned to this area. Commissioner Friel desired to know if the population assignment affected the remaining sites and their population allocation. Mr. Burkards responded that there are only two sites remaining and that there would be 382 AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 October 27, 1992 Page 10 � employees left for the remaining lot, if Assoicated Bureaus used 950 employees. Chair Dwyer opened the meeting to the public. • Chair Dwyer noted there was no one present to discuss this request. Commissioner Krebsbach moved to close the public hearing. Commissinner Koll seconded the motion. aa.. _ ... In response to a question from Commissioner Friel, Mr. Burkards stated there are Tax Increment Funds available as previously discussed with the City Council in September. Commissioner Koll noted her concerns for parking and that recently she noted cars were parked in the street near VGC. Mr. Burkards responded the VGC parking lot had recently been paved and there was no parking allowed until they closed on the building. Commissioner Tilsen moved to recommend the City approve the preliminary plat with the following.conditions and one option: 1. That the road right-of-way be revised to eliminate the bubble effect at the Associated Bureau's entrance and provide for truck turning radii around the 90 degree corners, for approval by City's Engineering staff. 2. That appropriate easements for drainage and utiiities will be secured as additional lots are developed. 3. The Council consider, as an option, that Commerce Drive be installed concurrent with development of Associated Bureaus. Commissioner Koll seconded the motion. � � October 27, 1992 Page 11 MISCELLANEOIIS Commissioner Friel stated he had noticed a resident of Bridgeview Shores was doing some chain sawing near the wetlands. He suggested the City should advise new residents of the restrictions of removing vegetation and constructing around wetlands areas. Public WorkS Director Danielson stated he concurs with Commissioner Friel in his recommendation. � Commissioner Friel further stated Mr. Mazzara's development request does not comply with the Planned Unit Development process. He stated he would like to see the PUD requirements met and that Mr. Mazzara should abide by those requirements. Chair Dwyer informed City staff Mr. Mazzara should be notified of information he is lacking before returning to the Planning Commission in November. Administrative Assistant Batchelder stated City staff reviewed the information submitted by Mr. Mazzara and he noted Mr. Mazzara did submit the information as requested. ' Administrative Commission of being held by ADJOIIRNMENT Assistant Batchelder reminded the the November 9, 1992 Superblock meeting City Staff and Planner Uban. There being no further business, the Planning Commission adjourned their meeting at 9:50 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary ��.. _ r. 5- �� CITY OF MENDOTA H�IGHTS DAKOTA COUNTY, MINNESOTA PLANNING CObIl�2ISSION MINIITFsS NOVII�ER 2 4, 19 9 2 � jThe regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 24, 1992, in the City Hall Council �Chambers, 1101 Victoria Curve. The meeting was called to order at �-7:33 o'clock P.M. The following members were present: Koll, �.Friel, Dreelan, Dwyer, Krebsbach, Duggan and Tilsen. Also present .were Public Works Director Jim Danielson, Planning Consultant Tana �Peterson-Sisley, Administrative Assistant Kevin Batchelder and �Senior Secretary Kim Blaeser. � APPROVAL OF MINTJTLS AYES: 5 NAYS: 0 ABSTAIN: �CONTINIIED �CASL NO. 'MAZZARA - SOMERSET Commissioner Koll moved to approve the October 27, 1992, Minutes. Commissioner Krebsbach seconded the motion. 2, DREELAN, DIIGGAN HEARING: 92-31: •i� Chair Dwyer gave a brief summary of the October 24th Planning Commission meeting and explained the Commission had continued the public hearing until their November meeting to allow Mr. Mazzara sufficient time in preparing additional information on soil tests, septic system design, wetlands boundaries, trail easements, public right-of-way and private covenants. Chair Dwyer stated Commissioner Friel ,had phoned him during the day regarding criteria for PUD's as stated within the Zoning Ordinance. Commissioner Friel quoted an excerpt from Section 22.1, that a Planned Unit Development shall be defined as any proj ect utilizing ten or more acres of contiguous land wherein there is (a) more than one principal building per lot, or (b) more than one use per lot. Commissioner Friel stated the requested PUD meets the criteria for a project utilizing ten or more acres but that the request does not meet the requirements for more than one principal building per lot ore more than one use per �ot. Commissioner Friel inquired as to why the applicant has been proceeding with ��.. .. � r c November 24, 1992 Page 2 the requested PUD if the Zoning Ordinance indicates the requirements necessary for a PUD which the applicant has not met. Public Works Director Danielson indicated there ma.y be a typographical •error within the Ordinance. Administrative Assistant Batchelder stated the intent of the paragraph is unclear and that it will be researched. Batchelder stated he is not aware of any circumstances • under which the City would desire to have two buildings on one lot and that is why this particular ordinance language is unclear. Chair Dwyer responded the City's Attorney office should review the paragraph and give an opinion on the intent of the language as stated within Section 22.1 regarding the purpose and definition of Planned Unit Developments. „�.,., Mr. Gerald Ma.zzara, representing the buyers of the Harris property, distributed wetlands plans showing revised setbacks and house locations. He explained that Lot 1's original wetland setback was indicated as a 110 foot setback and is now 100 feet . He explained Lot 2 would be adjusted to 100 feet from the wetlands and Lot 3 would be 150 feet from the wetlands. Commissioner Duggan stated he had walked the site earlier today and that he would� agree with the setback as indicated for Lot 1. He noted his concerns for Lots 2 and 3 as the plan does not seem clear,in the setback location as he had observed while at the site. Administrative Assistant Batchelder stated that he and Planner Uban had visited the site on Monday, November 23 , 1992 and noted stakes had been placed on the site to mark the edge of the wetlands. He stated the plans submitted by Mr. Mazzara tonight appear to be accurate but have not yet been verified. He stated there was evidence that soil borings had been done to define the edge of the wetlands. Commissioner Tilsen inquired if the exhibit presented tonight is a certified plan submitted by the surveyor. Mr. Mazzara stated the exhibit` is not a certified plan of the wetlands. Commissioner Tilsen stated he had visited the site and the exhibit seems to be accurate but that he would like to see a certified copy of the plan to verify the accuracy of the wetlands boundaries. Commissioner Krebsbach inquired as to what percentage of land is wetlands verses percentage of non wetlands. Mr. Mazzara estima.ted twenty-two percent. Commissioner Krebsbach inquired if the calculation of land used for roads, houses, etc. is subtra�ted from the total amount of land needed to locate septic systems. Mr. Mazzara Nc�vember 24, 1992 Page 3 briefly explained the proposed septic areas sta�Ging Z0,004 square feet of land wauld be used which would al.low enough room ior two drainage fields per lot, Public Works Director Danielson informed the Commission that �.he area needed for sep�ic �ystems depends upon the type af sail. There was a briei discussion regarding �.he water level. table as ind�.cated on the plans at 12 1j2 feet. Mr. Mazzara e�cplained there are different way� o� ra�ing sails when canstructing a drainage field s�r�tem and the development of hames. He e�lained Lo�s 2 and 3 will need the construction of a mound sy�tem to help correct the soil conditians for the drainage �iel.ds . Chair Dwyer ,,.. .. � noted the soil reports, as submitted, were done 17 years ago. Mr. Ma.zzara s�.ated the sail conditians have no�. changed. Cammissioner Til�en stal�ed a,t appears tha�. the water table is clo�e to the elevation o� the wetlan.ds. He further sGated a septic system can be witYiin �our feet of the water level. He �urther noted hi.s concerns for long term reliabi2ity of �eptic systems constructed close to the wetlands. He wandered if people are educated in environmental issues regarding the u�e a� septic sys�ems and �.he potential hazards of those systems nex�. to wetlands. Mr. Ma.zzara stated that one sy�tem per lat is manda�.ory and tha�. they are planna.ng for double capacity systems far each site. In re�pon�e to a question from Chair Dwyer, Mr. Mazzara expZained the soil boring �est�. He noted the test indicates tha�. Lo�.s 1, 2 and 4 is sand and Lo�. 3 is peat , Chair Dwyer responded there seems to be large gaps of knowledge regarding the soil borings and sta�.ed the P].anning Commisszon is at a disadvantage in determining the veraca.ty of information. In response �o a que�tion from Commissioner Krebsbach, Mr. Mazzara stated the buildxng envelopes are 100' by 150 ` , In respon�e to a question from Commissioner Dree�,an, Mr. Mazzara s�ated trail easement� are no�. shown an the plans as he has indicated he will provide the private easements as soon a� he is to3d where it i� appropria�.e. Mr. Mazzara s�ated private streets are preferred and �hat a dedication af utility easemen�s oi tha.rty feet (30') would be adequate. Commissioner Friel respon.ded he is unper�uaded that a sixty foo� (60') public right-of-way November 24, 1992 Page 4 is not needed. Mr. Mazzara stated it does not matter if there is a sixty foot (60') or thirty foot (30') right- of-way as long as it is a private easement. He stated the intentions are to protect the trees. , Commissioner Friel stated a sixty foot public right-of- way. gives access to the extent that it may be necessary for the City to install utilities. He stated a public right - of -way with private road over it would be f ine . He stated it would not be necessary to remove any trees . He fur'ther stated private roads are not permitted�in areas except where designated as a planned unit development. He stated this application does not meet the planned unit development requirements. „�,.� As directed by Chair Dwyer, Public Works Director Danielson explained sixty feet (60') is a standard right- of-way width in which the City can construct a thirty- three foot (33') wide City street which would then be able to serve public and private utilities. He explained Mr. Mazzara is requesting private easements for utilities but not streets. He further stated there needs to be thirty-five feet (35') minimum to construct sanitary sewer and water utilities. He stated Mr. Mazzara is asking for twenty feet (20'). Commissioner Friel responded he would like to see a public right-of-way with a private street. , Mr. Bill Burg, representing the owner's Mr. and Mrs. Harris, stated at the neighborhood meeting, the residents of the area unanimously responded to not having a public road constructed. Mr. Burg further read a letter submitted by the Harris' indicating their opposition to public roads in the area. Commissioner Duggan noted his concerns for removal of trees in the area. He stated some trees could b� removed now should the public right-of-way come to light in the future. Commissioner Tilsen noted his concerns for the environmental impact of septic systems constructed near wetlands. Chair Dwyer opened the meeting to the public. Linda Garrett, 540 Wentworth Avenue, stated she lives next to the Harris property. She stated she is emotionally attached to the land in that there is beautiful vegetation and much wildlife existing on the property. She explained her home was constructed to be � � November 24, 1992 Page 5 ' compatible with the land and that the City should not ask for anything less of other builders. She stated the City needs clear guidelines for future property owners. She further submitted a petition to the Planning Commission noting the area residents do not want a public road and public right-of-way. She stated they would like to see a twenty foot (20') private easement on this particular case. She further stated the would like to see a minimum of 2 1/2 acres provided for septic systems and no more tl�an 40 percent tree removal for all development in this area. She further stated a height limitation of thirty feet (30') should be placed on the homes constructed in the area. ia.• •- � Mr. Garrett, 540 Wentworth Avenue, stated their concerns for public roads is safety. He stated a public road entering on Wentworth Avenue would be dangerous. He stated an easement for public roads in the future is very disturbing. Ted Weyerhaueser, 610 Wentworth Avenue, stated he supports the PUD proposal and he would like to see a better definition of the wetlands in the area. Jack Sjoholm, 1611 Delaware Avenue, stated he supports the petition as submitted and that he wants to see the character of the neighborhood preserved., � Commissioner Krebsbach inquired if the potential buyers of the Harris property would consider resubmitting a new proposal showing two homes instead of three. Mr. Mazzara responded economics necessitate that three lots be developed. He further stated 2 1/2 acres per parcel can be done if the wetlands outlot was excluded. Commissioner Duggan stated that preserving the character of the neighborhood would be done if only two lots would be:developed not three. Chair Dwyer stated that any construction of a house�on the property will change the character of the land. �He stated the Planning Commission cannot recommend approval given the lack of environmental information. He further stated City staff has not been given the information necessary to adequately inform the Planning Commission in forming a recommendation to the City Council. He stated this request is a significant issue to the neighbors and City. Commissioner Friel stated he is not interested in a public right-of-way through Marie Avenue. He further stated the City's ordinances have to be followed. He AYES: 7 NAYS: 0 November 24, 1992 ' Page 6 further stated he is not interested in having trees removed. He noted his concerns for the unclear wetlands boundaries. He further stated the City's ordinance establishes height limitations regarding building construction. He stated the superblock area should be developed on a case by case basis. Mr. Mazzara stated his concerns about the recent planned unit development questions the Commission has indicated. He stated staff had directed him to proceed in this fashion. He stated that after months of work,�he is now being told that this request cannot be a planned unit development. Chair Dwyer responded a legal opinion is needed. Mr. Mazzara stated the request, as submitted, is environmentally sound and respects the character of the neighborhood. Chair Dwyer responded the Planning Commission respects Mr. Mazzara's good faith efforts. Commissioner Duggan moved to continue the public hearing to January 26, 1993. Commissioner Friel seconded the motion. � A brief discussion ensued over the continuance of the meeting to January. Commissioner Duggan withdrew his motion. Commissioner Friel moved to continue the hearing to December 22, 1992 at 7:30 o'clock P.M. Commissioner Krebsbach seconded the motion. Chair Dwyer informed Mr. Mazzara that he is to submit the required information in a timely fashion so that City staff can review the plans and then submit the appropriate information to the Planning Commission. Mr. Mazzara responded that he would. Chair Dwyer further stated he would like to see a legal interpretation on Section 22.1 of the Planned Unit Developznent section within the Zoning Ordinance. : CASE NO. 92-34: GRILZ - VARIANCE Mr. Donald Grilz, 715 Decorah Lane, was present to discuss his request for a four foot (4') rear yard setback variance, to allow tY�e construction of a home utility and storage facilities addition. ��.. ....s November 24, 1992 Page 7 Mr. Grilz informed the Planning Commission that his wife had become disabled due to a stroke and that movement around the house is difficult. He stated he would like to have the utility area of his home located on one floor to better help his wife. In response to a question from Commiss�.oner Tilsen, Mr. Grilz stated he could not consider reducing the addition by four feet as he needs to provide a larger garage area to help his wife move in and out of the car. Administrative Assistant Batchelder noted a 2.6 foot rear yard setback variance had been granted on September 21, 1991 three houses down from Mr. Grilz. ,,,,.., Chair Dwyer stated all signatures of consent had been received. Chair Dwyer moved to waive the requirement for a public hearing. Commissioner Friel seconded the motion.�� AYES: 7 NAYS: 0 Commissioner Duggan stated that Mr. Grilz had presented a practical difficulty in providing wider corridors in the utility area for handicapped movements and moved to recommend that the City Council approve a four foot (4' ) rear yard setback variance to allow construction of an addition to 715 Decorah Lane. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 CASE NO. 92-35: KIIEPPERS - VARIANCL, Mr. Joseph Kueppers, 28 Somerset Road, was present to discuss his request for a variance to the setback required for an accessory structure, in the R-1 Zone. Mr. Kueppers explained that an older shed had existed on the property in the rear yard. He stated the old shed was torn down and he placed the new shed in the rear yard at the southeast corner of his property. He stated he thought the new placement of the shed was less obtrusive than the original shed. He sta-ted he received signatures of consent from all of his neighbors. AYES: 7 NAYS: 0 November 24, 1992 Page 8 Chair Dwyer confirmed that Mr. Kueppers had received the required signatures of consent. Chair Dwyer moved to waive the required public hearing. Commissioner Friel seconded the motion. Chair Dwyer stated it appears that there are othe'r options available to Mr. Kueppers that would not require a variance. He further noted concerns for drainage a� indicated by Planner Uban's report. He inquired, if the shed were to be re-oriented 90 degrees, would that ��.._.1 interfere with a tennis game. In response to question from Commissioner Dreelan, Mr. Kueppers stated he would provide landscaping around the shed. Mr. Kueppers further explained there is a 4 x 4 base and that there is no easement for drainage on his lot. � Commissioner Koll noted her concerns for drainage. She stated area residents had indicated to her that there has been flooding in the tennis court area in the past and that if landscaping were installed it could compound the problem. , Commissioner Friel stated Mr. Kueppers has not demonstrated hardship or practical difficulty that would justify a variance. Planner Peterson-Sisley stated there is a fairly distinct swale located on Mr. Kueppers property and that if foliage were to build up due to the landscaping installed, it could cause additional drainage concerns. Mr. Kueppers stated he believes he has proven a hardship in that he does not want to block the view of his neighbors with a shed. He further stated the shed, as constructed, does not interfere with drainage. He further stated if the shed were rotated 90 degrees it would cause interference in a tennis game. Commissioner Friel moved to recommend that the City Council deny the requested variance to the required setback for an accessory structure in the R-1 Zoning based on lack of a demonstrated hardship or practical difficulty. ' Commissioner Tilsen seconded �he motion. Novemher 24, 1992 Page 9 � AYES: 5 NAYS: 2, DIIGGAN, DRESLAN CASF NO. PATRICR VARSANCE 92-25: ANL� LOT SPLIT Mr. S�eve Patrick, owner of Outl.ot A Mendota Woods, wa� present to discu�s his rec�zest �or a variance �or a Iot without a public street and a lot split. Mr. Patrick explained he had previouSly platted a number of single family lot� around Arbor Court. He stated as part of �.he plan, Centex Hames had planned to purchase two outlots for multi-family dwellings. He stated Centex Hames has indica�.ed �.hey da not intend on pu.rchasing the outlo�s. He explained Outlo� A has access to a private cul-de-sac, Brookview Lane. He explained thi� cu.l-de-sac i� control.led by the Ken�ing�on Homeowners Association. He explained that now, he would like .to develop the outlo�. for a single �amily dwelling. In reSpon�e �.o a que�tion from Ghair Dwyer, Mr. Patrick s�.ated he w�ii no�. be constructing a driveway so there is no need tor a wetlands permit as mentioned by Planner Uban in his report. He explained the existing driveway would be used with an easement given,,. He fur�her explained the existing driveway would serve Lot 11. Commi�sioner Duggan inquired to the driveway. He stated he would Police Chief to review the clarification shauld be given as fire hydrants. the length and width of like the Fire Chief and driveway. He s�ated to the location of the Chair Dwyer stated he would like ta see a wetlands baundary map �ubmitted a7.ong with comments by the Police and Fire Chiefs at the December meeting. He stated clarification is necessary in arder far the Commi�sion to make a formal recommenda�.ion to t�he Council. Commissioner Tilsen ques�ioned i� a repla� should be done as there is no public right-of-way on Ou�.lot A. He further �tated �.he Homeowner's Association should be approach again for street access. Commissioner Friel moved to continue �he request variance and lot split to December 22, I992. Cammi�sioner Krebsbach seconded �.he motion. �». .. 1 u AYEa� : '7 NAYS: 0 VERBAL REVIEW . •� Navember 24, 1992 Page 10 ' Public Warks Director Danielson provided a verbal review for the planning i�.ems at the previaus City Cauncil meeting. There being no further business, the Planning Commission adjourned it� meeting at 10:17 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary ., m r' � � 17» +• '' � •'' _ `i C�.�.M��J�►�:���IT� II o :1�1 :M �t i November 25, 1992 TO: Mayar, City Cauncil and City Ad ' FROIvi: Kathieen M. S�ai�a�; City Clerk SUBJECT: Delinquent Sewer Bills DISCUSSION: . The attached resolution asking to certify delinquent sewer accounts is 69 names lang and totals $11.,969.56. inciuded in this year's iist is one commercial account whose autstanding balance totals $2,237.70. There have been several payments made, and we are still expecting to receive severat mare payments. It is necessary ta have your approval tonight, as the delinguency resolutzon needs ta be delivered to Dakota County no later than Z�esday, December l.5th. Council should approve the attached Resolution No. 92- "Resolution Certifying Delinquent Sanitary Sewer Rental Charges to the Dakota County Auditor for Collection with Real Estate Taxes. " CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION N0. 92- RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of this Ordinance No. 803 adopted by the City Council of Mendota Heights on August 6, 1974, it is provided that if sewer rental charges due to the City for the use of the City's sanitary sewer system are not paid within thirty (30) days after the mailing of a statement thereof, the same shall be collected and the collection thereof enforced in the same manner in all respects as county and state real estate taxes subject to like penalty, costs and interest charges, and WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due to the City as of December 9, 1992, for sanitary sewer service fur�ished the properties hereinafter described situated within the City has not been paid and WHEREAS, the City Clerk has further advised�the City Council that a written statement for said sewer rental charges due the City as of December 9, 1992, has.been sent to the last known owner of said properties and that more than thirty (30) days have elapsed since the mailing of said statement, and WHEREAS, said properties are all situated in the City of Mendota Heights, in Dakota County, Minnesota and the legal description of said properties, the name and address of the last known owner thereof, and the total amount of sanitary sewer rental charges due for each of said parcels through December 9, 1992, are more particularly described as follows:; NAME AND ADDRESS Judi Hanson 522 West Annapolis Bernard Abramson 688 Arcadia Drive LEGAL DESCRIPTION 27-57500-030-01 27-37600-040-05 AMOUNT OWED $119.20 $167.00 L.A. Anderson 1066 Avanti Drive . 27-44955-130-03 $140.00� C .�.. _ � a , � ; , , Michael Hichkey 2473 Bridgeview Court 27-15150-010-03 R. Erickson 832 Cheri Lane 27-64600-120-02 ' J. Martin 901 Cheri Lane 27-45300-200-00 David Rutman • 677 Cheyenne Lane 27-19850-050-01 Robert Butterfield � � 929 Chippewa Ave. 27-57500-060-02 Brian Paulson 933 Chippewa Ave. 27-57500-030-03 T. Urbie 969 Chippewa Ave. 27-31300-150-02 Margaret Regan 992 Chippewa Ave. 27-47700-110-01 L. Bye 1052 Chippewa Ave. 27-49200-120-02 � Arnold Hanzal 771 Creek Ave. 27-27800-030-01 C. Meisen 961 Delaware Ave. 27-58500-060-00 Gregory Bailey 993 Delaware Ave. 27-58500-130-00 Robert Alvarez 1167 Dodd Road 27-42100-100-08 Robert J. Emery 1183 Dodd Road 27-03800-020-13 � Bevean Marvey : 970 Douglas Road 27-76400-050-02 David Hathaway 1418 Farmdale Road 27-17150-170-04 George Mikrut 1823 Faro Lane 27-49950-050-02 John Park 2246 Field Stone Drive 27-18303-070=01 $ 58.00 $186.20 $ 58.60 $ 58.00 $128.80 $101.37 $241.80 $16�.20 $151.60 $189.00 $133.80 $203.60 $151.60 $123.00 $112.00 $120.80 $118.40 $ 58.00 .a.. _ -., J. Isaac , 662 Fourth Ave. . 27-69701-023-04 Robert Reedstrom 530 Hiawatha Ave. 27-57500-061-03 Scott McCrady 550 Hiawatha Ave. 27-57500-120-03 Rita Goodij ohn ,LL_ 2220 Highway 55 27-28400-040-02 L. Mrozinski 595 Highway 110 27-02500-024-04 Allen Shade 649 Highway 110 27-49250-010-02 William Gove 755 Hilltop Road 27-71050-450-00 A. Sworsky 1098 Ivy Hill Drive 27-37751-060-01 Mary Lou Olson 1147 Ivy Hill Drive 27-17850-460-00 James Vitelli 1163 Ivy Hill Drive . 27-17850-160-00 H. Slobof 1016 James Court 27-76402-190-03 I. Kanevsky 750 Keokuk Lane 27-27800-060-18 Walter Bonfe 2330 Kressin Ave. 27-64500-110-00 Bruce Davidson 1750 Lansford Lane 27-71100-030-02 Donald Geist 1669 Lilac Lane :27-76401-240-00 Francis Nguyen 1825 Lexington Ave. S. 27-02700-010-02 Olga Turner 2210 Lexington Ave. S. 27-16400-050-00 Robert McAdams 1017 Marie Ave. 27-16500-020-01 $153.80 $ 58.00 $ 84.75 $ 58.00 $281.40 $182.20 $ 58.20 $ 84.00 $123.00 $129.40 $166.80 $160.90 $276.80 $368.50 $134.00 $101.34 $112.00 $ 56.00 : cr S a�.. .. _1 C r Leo Christianson 731 Mohican Lane Mrs. D. Anderson 751 Mohican Lane Cherlene Steele 781 Mohican Lane D. Degidio - 709 Ocala Lane Eugene Engel�ann 1779 Overlook Lane Roy Henerson 1095 Overlook Road K. Saffold 2454 Park Lane A1 Paterson 606 Pond View Drive J. Samelian 920 Rae Court Jack Gohl 924 Rae Court M. Haus 2357 Rogers Ave. John Bathke 699 Second Ave. David Heutmaker 700 Second Ave. David Marruffo 537 Simard Street Frank Miller 604 Spring Street� R. Powers 983 Stratford Road Lee Hannah 1738 Sutton Lane Micheal Lallas 1750 Sutton Lane 27-27800-300-22 27-27800-190-19 27-27800-120-19 27-27800-040-15 27-32800-040-02 27-32800-010-01 27-31800-010-03 27-18301-060-05 27-71275-190-02 27-71275-180-02 27-64550-070-00 27-41200-060-01 27-63130-040-01 27-31300-062-01 27-42100-070-08 27-72700-010-02 27-70900-030-03 27-70900-080=02 $112.00 $112.20 $134.20 $208.80 $202 <20 $241.80 $171,60 $20-1.80 $133.30 $255.00 $ 67.00 $ 67.00 $ 68.30 $ 93.70 $248.40 $173.60 $ 56.00 $ 95.60 f ia.. .. _t Saleh Canavati 2166 Timmy Street Paul Larson 717 Third Ave. R. Schachtman 1766 Trail Road Gary Swartz 1840 Twin Circle Drive 27-19150-090-00 27-81300-045-00 27-71102-060-01 27-44955-170-01 C. Lange 779 Upper Colon�i�l Drive 27-17150-140-06 James Hocks 1025 Victoria Court 27-48600-030-01 Jerry Kilgus 1171 victoria Curve James Heroff 1456 Wachtler Ave. Mark Sterling 810 Wagon Wheel Trail B. Randall 954 Wagon Wheel Trail D.A. Gregar 1807 Walsh Lane Tempco Ma.nufacturing 2475 Highway 55 27-02700-020-05 27-17150-060-05 27-45300-020-00 27-16400-160-00 27-64700-010-01 27-44800-102-00 $134.00 $158.00 $222.60 $ 58.00 $153.60 $142.70 $160.40 $20-2.20 $162.60 $112.00 $204.20 $2,237.70 NOW THEREFOR, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1) That the total of said sanitary sewer rental charges set forth above is hereby adopted and confirmed as the proper unpaid sanitary sewer rental charges due for the above described properties through December 9, 1992, for each of said lots, pieces and parcels of land respectively, and the current charge against each such parcel of land shall be a lien concurrent the general taxes upon such parcels and all thereof. s aa.. ,. � � r 2) That the total amount of said sanitary sewer rental charges shall be payable with general taxes for the year 1993 collectible in 1993 (now designated Statute as real estate taxes payable in 1993) . 3) That the City Clerk shall prepare and transmit to the County Auditor a certified copy of this resolution with the request that each of said amounts shall be extended upon the proper tax lists of the County to be thereafter collected in the manner provided by the law. 4) That a$25.00 service charge will be added to each delinquent sewer account in accordance with Ordinance No. 157 amending Ordinance No. 803. Adopted by the City Council of the City of Mendota Heights this lst day of December, 1992. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Kathleen M. Swanson City Clerk By Charles E. Mertensotto Mayor 6 � • �, • r ti� . � ' '3t� �•4� .� . . . , ti . i ;` a December 1, 1992• TO: Mayor and City Council .f CLAIMS LIST SUMMARY. Tota1 CZaims Significant C2aimc Custom Fire Med Centers MWCC State Minn Truck repairs Health ins Sewer chg sur charges _ . . .. . .. � , Unusaal CZaims Bryan Rock pProducts Sall fields Phase Electric Park Const Waldor Pump Lift station rprs 2iegler Parts n 115,227 2,399 11,278 43,526 5,232 9,010 15,262 1,777 3,056 .:N•: � �... . .. .� t;: ..(. . :�'�, • � . . . . . .. . . . - . .. � i . . � '- . ; i ..ca•, �:�ti:-i�BK •>.~�%�?��;�e� 'y� +;�s�;r�;;:, .iz: s;' .. . _ • '_- .- --- - - --• — -- --- •---- - , -. _ ='s;r-�•._. • -:�t', `�.i� . .,. . _ . . .. . . . .• . , . . . . . � . - —�•--- , -•— . . . :— „ �---T•---, . . 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I 15. ��6. �w -� � aa--•` � .. y MANUAL CHECKS 13894 4Z.ZZ t,�ncy Bar.er E2ection expense 13895 92.00 Katherine Golciman Election judge -�--- �13896 ---- - -•- 37:40.._Ann� Mullerleile '.....- ��-------___... _------•---- 13897 2,?59.24 Paryoll ajc • " 13898 883.58 Norwest Bank 11/3 payroll --.. __.. 3899 ' 3,596.91'" State Capitpl"C:U;""`�___.__-._ n-•---______ _....... ..- ----. ..-'-- -. _ — 1390Q 425.00 Dakata Coi:nty Sank " 23901 62.72 Aiane Ward exp reimb ___......_._.-13902 "' ' 13:84"' FERA_.._.._._.__.__------.--_]:'1%]:3 payroTl •--•--------_._-_._....__. 13903 8,711.I4 " �+ i39d4 15,326.09 Dakote County Bank " •- -- - ----»._...._._.�.-�r�_��. .....�_.__.....----- -._� _ ._.._ ..___._ �g05'- `""'" 3,511..89 Coaunis�ioner ofRes�nue 13906 94,438.67 Paym].1 ajc �� 23907 15.40 Citizens Leagtes regr ----�---13908 - 2p0.00...W.-St Paul-Schl"PatroT-P n -,."`-�...---__..____.__��. 13909 48,�87.40 Bituminous �2oadway Marie Av Overlay �.za,asi.69 ---------G.T:._. "'"244,108.21 -- •--_.___..-_ '.�-� � �63 � ���•✓ i ... 54 �?'v 56 .e?�`Z`rr.�;�z«�; . ��, :N'^;;�*�w �.,.. .. . »..< . ^ �� � . , - i ., , .. .., , ;,, .`"roy�, -t..�..z� .,.1'v�v,'� �;•.N^" ` �e.Xyk.v . e �°�.^s.�A^j'�.`:z+':3P �y" • .�:� �� � � _a- �AY,' r' 1 f� T eRr�; ' ,T• „ , .:s..8� '.x.�.:'x.t. �3 ,- N �` IJGI I 56 .,x ; }�. �a ,A;,,g� (",:�WF:.ce '.i : " ''�:' '' . y` , � s^"`.. ' y `' ' o ��f , .'3� .°' : �i �:bq:r ,.;a�`•`a� �'q e..' � .i'��e.«d' '�k`'�k,. o'.X;., <^;f. :9ia : k�, t �.Y � k..., osz � . �" ''.�'"i'` �A..r %.�"..;A'm' i'k.n..n'_ .�1r 17$ . ,.k.s �FN:,`�i� # 9r�;An ; �nrd9 '.'A"� •+t ".Y�' s a M?.f ,,,� ,i+'t �t�.,,4. w � 'c�.. b '�;47y h3�i .9 �Y'. A'..�.� vT,.'��•���'.. 9 &r•�x x.. ?>;' .^�''.> , s�r-�.^i� .?�.. - .`"r' �L�'q ":`a*...:>�.� �. . „a!a.",R.. :so'Ti� „�'aAS'<:'k �;+v'. .:y`r � �°4,:Y' y i'C^ r..�.v�,..:.`. � -.. .. . a ' �>,, a i .. a �. ¢ ,. . ' ' � . �: �. in. �F,. e, m�t v'. ; r , v. .K . .. .r'.. w�..,p�.�,:e. ., .a .�.x�..',".':n.,at-:� �A .,_�....:,`o�z }�d r.,�.,.��,���ek ��#:� aa�..x�wr�:AJ�'• .rt+. ? �;.:. t�# �� �./ } � 1 .. . .' �\� .. .. . . • „ .. , . • , . ' . . � �. . .. .j •�'� CITY OF MENDOTA HEIGHTS MEMO November 19, 1992 , T0: Mayor, City Council and City Administ �r FROM: Lawrence E. Shaughnessy, Jr., Treasur�-r /� SUBJECT: Budget and Truth in Taxation Hearing DISCIISSION In August, the Council approved a preliminary tax levy and budget to be finalized following a public hearing on December 1. Approximately two weeks ago the Dakota County Treasurer's Office mailed to all property owners in the City their parcel specific "Truth in Taxation�� notices. These notices clearly indicate the anticipated property tax bill for each property along with the various upcoming budget hearing dates for the City, County and School District. To date, we have received no calls from property owners inquiring about the hearing or tax levy amounts. During the budget hearing, I will be prepared.to give a brief presentation on the City's proposed budget and tax levy for 1993. RECOrlI�NDATION Conduct the public hearing on the proposed levy and budget and make any necessary adjustments. ACTION REQIIIRED Adopt Resolution No. 92- , adopting 1993 Budget and Establishing a Tax Levy for Taxes to be Collected in 1993. LES:kkb 0 ,�.. _ .., CITY OF MENDOTA HEIGHTS DAROTA COUNTY, MINNESOTA RESOLIITION NO. 92- RESOLIITION APPROVING FINAL 1992 TAX LEVY COLLECTIBLE I1�T 1993 AI�TD ADOPTING PROPOSED BIIDGET FOR 1993 WHEREAS, the City has previously adopted a Tentative Tax Levy Resolution No. 92-52 which was subject to revision at the time of the public hearing; and � �n1HEREAS, the City has conducted a public hearing on December 1, 1992, on the tentative budget and tax levy. ��.•.-f NO�P THEREFORE BE IT RESOLVED that the City Council amend Resolution No. 91-86 to reflect adoption of the following levy for tax against all taxable property in the City of Mendota Heights for collection in the year 1993. General Fund Emergency Prep. Fire Relief Infra Structure Res. Watershed District Legal & Contingency Levy Subject to Limitation Special Debt Levies Park Bonds MWCC Debt Improvement Bonds Equipment Cert. Total Special Levy Total Levy $2,104,750 1,500 14,900 50,000 7,500 67.00-0 $2,245,650 $ 318,000 30,000 17,400 78.000 $ 443,400 $2,689,050 BE IT FIIRTHER RESOLVED that the budget as proposed is deemed to be practical and reasonable to maintain the City operations and is hereby approved. s � . The Clerk is hereby instructed to transmit a certified copy of this Resolutibn to the Dakota County Auditor. + Adopted by the City Council of the City of Mendota Heights this ist day of December, 1992. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL • CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor c 0 0 riM. �. . J G Dear Mendota Heights Resident: City o� 1Viendota Heights December 1, 1992 We want to thank you'for your interest in the City's proposed tax levy and Budget for 1993. The Notice of Tentative Tax Levy, which you have received, calls for a potential levy of $2,689,050 or an increase of some 7.6 percent. Under the Truth and Taxation Law, the City must establish a. tentative levy in August, some two months earlier than usual, and before many of the budget elements can be determined. As a result, � the City has approved a maximum levy. Once set, the tentative levy cannot be increased. The levy is made up of two segments, one related to debt service and the other for general City operations. The levy for debt service in 1993 shows an increase of some $38,000 which represents the third and final installment on the voter approved Park Bond Issue of 1989. The levy for general City operations is expected to be $2,071,750. On a percentage basis, this is 3.8 percent over the 1992 levy. The proposed budget is pretty much a status quo budget, with increases in very few areas. As a service type organization, our personal service costs are some $1,819,400 or about 63 percent of our total budget. . For 1993 several items of revenue and expense cannot yet be identified.• With the State Budget shortfall, the Governor has proposed the reduction of HACA Aid to the City. .When this reduction occurred in 1991, the City lost $94,000 of revenue. To help compensate for the proposed reduction, which will not be known until May, we have included an additional contingency levy of $100,000. Based on the projected budget, the total tax increase of 7.6 percent will be spread over a larger tax base which has grown about four percent. The City levy represents approximately 18 percent of your total tax bill, and if your home value has not increased, the 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 �� _ . � '"► � proposed tax levy increase will be in the two to.three percent range for City taxes. State Law revisions in the tax capacity formula will reduce taxes on higher valued homes (over $125,000) while homes valued at less will experience an increase in tax levy. The County levy represents about 25 percent of your total tax bill while the School represents 55 percent.. Various metropolitan agencies comprise the balance of the levy. . In addition to the City general operations, we operate two Enterprise Funds. The Engineering Fund is financed by charges for City improvements and services which are paid by new developers and as charges against new construction. • The Sewer Fund is financed through the c�uarterly sewer bills. These rates have remained unchanged since 1987. The primary expense of the Sewer Fund is the charge by the Metropolitan Waste Control Commission (MWCC) for treatment of our sewer. The MWCC charges to the City have increased over 30 percent during the past two years. In response, we anticipate an increase in the sewer user charge of approximately ten percent for 1993. The current rate is $26.00 per quarter minimum. �f MWCC charges continue to increase in the future, we can expect sewer rate increases in the year 1994. � - If you have specific questions on the City Budget or operations, please give us a call or come to the meeting. A complete copy of the Budget is available for review at City Hall� and we will have summaries available at the meeting. LES:kkb � Sincerely,_ CITY OF MENDOTA HEIGHTS Lawrence E. Shaughness , Jr. Treasurer ti �� CITY OF MENDOTA HEIGHTS MEMO November 24, 1992 TO: Mayor, City Council, and City Ad ' FROM: James E. Danielson Public Works Director SUBJECT: Ivy Falls Creek - Public Hearing Job No. 9219 .�,. _ _.. DISCUSSION• Council conducted an informal public heari.ng November 17, 1992 to consider improvements to Ivy Falls Creek and its several tributaries downstream from Laura Court. December 1, 1992 has been advertised as the feasibility/assessment hearing to consider formall,y, the same proposal as presented last meeting. The only project revision made since November 17th involves the Taylor parcel. At Council's suggestion, sta.ff has met with Mr. and Mrs. Taylor to review the work proposed on the tributary adjacent to their property (see attached letter). I, along with a representative from Ban Engineering will be present and prepared to again introduce and discuss the project should Council so desire. RECONIMENDATION: The Ivy Falls Creek unprovement project is feasible from both a technical and fmancial standpoint, if the following proposed funding concept is used: 1. Assess 15 � to the 31 landowners adjacent to the creek 2. Charge West St. Paul according to the Lower Mississippi River VVMO limits for their share oi the costs 3. Continue the eausting Ivy Falls Creek General Fund levy 4. Establish a Storm Water Utility to cover the remaining costs I recommend that the project be ordered in. 6 ACTION REOUIRED• Conduct the required public hearing and then if Council desires to implement the recommen- dation, pass a motion adopting Resolution No. 92-_, RESOLUTION ACCEPTING �"EEASIBILI TY REPORT, ORDERING IlVIPROVIIVIENT AND PREPARATION OF PLANS AND SPECIFICATION FOR IVY FALLS CREEK IlVIPRO�'IIVIENTS (IlVIPRO`'EMENT NO. 91, PROJECT NO. � and Resolution No. 92-_, RESOLiTTION ADOPTING AND CON�'IRM- ING ASSESSMENTS FOR IVY FALLS CREEK IlViPROVII��ENTS (IlVIPROV�IVVIEENT NO. 91, PROJECT NO. �. This resolution adopts an assessment roll to which affected residents will have 30 da.ys to object. ��ii1, �, �i City of Mendota Heights Dakota County, Minnesota RESOLU�ION NO. 92- RESOLUTION ACCEPTING FEASIBILITY REPORT, ORDERING IlVIPROVIIVIENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IVY FALLS CREEK IlV�ROVEMENTS (IlVIPROVIIVIENT NO. 91, PROJECT NO. � � WHEREAS, a public hearing was held on the lst day of December, 1992 at 8:30 o'clock P.M. in the City Hall of the City of Mendota Heights, Minnesota pursuant to 'resolution duly adopted by the City Council of the City of Mendota Heights on the question of the proposed construction of the following described 'unprovements: .�.. _ --� The construction of a storm sewer and drainage system including appurtenances and incidentals thereto and the acquisition of easements, situated in the City of Mendota. Heights, Dakota County, Minnesota, more particularly described as follows: WHEREAS, due publication of the notice of public heari�g on said proposed construction has been attended to; and WHEREAS, mailed notice of said hearing has been mailed more than 10 da.ys before the date of said� heazing to the owners of each parcel situated within the area. proposed to be assessed, all in accordance with the applicable Minnesota Statutes; and WHEREAS, the City Engineer has submitted his report to the City Council that the proposed improvement and construction thereof was feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and 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: Lot 1, Clapp Thompson ivy Hill; West 140 feet of Lot 1 Bauer's Acre Lots; Lots 7 through 11, 14,15,16, and 18 of Block 6 Ivy Falls Addition; Outlot A, Lots 1 through 8, Block 1, Lots 1 through 5, Block 2, Lots 1, 2, 13, 14, 15, Block 3 of Ivy Falls 2nd Addition; Lots 16 and 17, Block 1, Ivy Falls West 2nd Addition, Mendota Heights, Dakota County, Minnesota. 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, expedient and necessary that the City of Mendota Heights constxuct the above described improvements, and it is hereby ordered that said improvement be made. - f 2. That the City Engineer be and he is hereby authorized and directed to prepare plaris and specifications for said improvement. 3. That said improvement shall hereafter be known and d'esignated as Improvement No. 91, Project No. 6. Adopted by the City Council of the City of Mendota Heights this lst day of December, 1992. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor � a�,,. .. _ �. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 92- RESOLUTION ADOPTING AND COrTFIRn�IING ASSESSMENTS FOR IVY FALLS CREEK IlVIPROVIIVIENTS (Il��PROVEMENT NO. 91, PROJECT NO. � BE IT RESOLVED by the City Council of the City of Mendota Heights as follows: WHEREAS, the City Clerk, with the assistance of the City'Engineer, has calculated the proper amount to be specially assessed for the costs incurred to date with respect to Improvement No. 91, Project No. 8, the construction of a storm sewer and drainage system including appurtenances and incidentals thereto and the acquisition of easements, situated in the �'� �-'` City of Mendota Heights, Dakota County, Minnesota, more particularly described as follows: Lot 1, Clapp Thompson ivy Hill; West 140 feet of Lot 1 Bauer's Acre Lots; Lots 7 through 11, 14,15,16, and 18 of Block 6 Ivy Falls Addition; Outlot A, Lots 1 through 8, Block 1, Lots 1 through 5, Block 2, Lots 1, 2, 13, 14, 15, Blca�ck 3 of Ivy Falls 2nd Addition; Lots 16 and 17, Block 1, Ivy Falls West 2nd Addition, Mendota Heights, Dakota County, Minnesota � WHEREAS, the proposed assessment roll has been on file with the Clerk and at all times since its filing has been open for public inspection; and notice thereof has been duly published and mailed as required by law. Said notice stated the date, time and place of such meeting; the general nature of the improvement; the area proposed to be assessed; that the proposed assessment roll has been on file with the Clerk; and that written or oral objections thereto by any property owner would be considered; and WHEREAS, said hearing was held at 8:30 o'clock P.M. or as soon as possible thereafter, on �esday, December 1, 1992, at City Hall in the City of Mendota. Heights, Minnesota; and WHEREAS, the Mayor announced that the hearing was open for the consideration of objectio�s, if any, to said proposed assessments; and WHEREAS, all persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Clerk were presented and considered. NOW THEREFORE, this Council, having heard and considered all objections so presented, and being fully advised in the premises, and having made all necessary adjustments and conections, fmds that each of the lots, pieces and parcels of land enumerated in the progosed assessment roll was and is specially benefitted by the construction of said improvements in not less than the aniount of the assessment, as conected, set opposite the description of each such 1ot, piece and parcel of land, re- �� spectively, and that such amount so set out is hereby levied against each of the respective lots, pieces and pazcels of land therein described; and BE IT FiJRTHER RESOLVED, that the proposed assessment roll as so corrected is hereby adopted and confumed as the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of seven percent (7 %) per annum accruing on the full amount thereof from time to tune unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each assessment as to storm sewer and drainage system improvemenzs shall be payable in equal amounts extending over a period of nineteen (19) years; the first of said installments, together with interest on the entire assessment commencing thirty (30) days from the date of the official letter of assessment to December 31, 1994, to be payable with general taxes for the year 1993, collectible in 1994, one of each of the remaining installments, together with one year's interest on that and all other unpaid �--� installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid; and BE IT FiJRTHER RESOLVED, that prior to October 1, 1993, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole q� such assessment, without interest to the City Treasurer; and BE IT FURTHER RESOLVED, that the Clerk shall prepare and transmit to the Counry Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided' by law. Adopted by the City Council of the City of Mendota Heights this lst day of December, 1992. CITY COUNCII. CITY OF MENDOTA HIIGHTS By Charles E. Mertensotto, Mayor , ATTEST: Kathleen M. Swanson, City Clerk ASSBS5ME23T PBRIQD CITY OF MENDUTA HBIGH'SS 19 years ASSfiSSN�NT ROLL 7% Interest iVY FALLS CRPPsK It�PROVfiMENfis , JOB NQ. 9216, IMFROV���'T N0. 9i-6 ALIOPTBD: . .ASSBSSMENT RATfiS: .Frontage - $16.95 per expoaed foot •Area - $0.0948 per aquare foot PARCEL REPUTBD OWNfiR AND SUBAIVISION IAT BLK. FRONTAGB ARgA N0. DTSCRIPTION � N0. �NO. ASSESSMENT ASSESSMBNT 27-17850- Chria Doyle Clapp-Thomssen ivy Hill . 1--- $3,051.04 $3,912.84 010-00 �642 Maple Park I?ra:ve• ••• � ' • Mendata Heights, MN 55518 27-13350- Frank C. Mullaney Bauers Acre Lots 1--- $339.00 $1,977.53 031-00 12fl0�Sy2vandale W 140 feet of Mendo�a Heighta, 1�+T 55118 � : 27-37600- �llis & Bdythe Abrahamson ivy Fails Addition 7 6' $0.00 $2,322.60 Q70-46 714 tlaple Park Court - Mendota Heights, fII�] 55118 27-37604- Thomas Peine Ivy Falls Addition 8 6 $0.40 $l,$72.30 080-06 706 Maple Park Court Mendota Heighta, MN 55118 27-37600- Joan B. 0'Brien ivy Falls Additinn 9 6 $0,04 $3,564.48 090-08 1199 Falls View Court t�endota Heights, MN 55118 27-37600- '' A�rtis J. & Shirley M. Bute Ivy Falls Addition 10 6 $4,525.65 $4,597.80 100-06 1200 Fai].s View Court Mendota Heights, MN 55118 27-37600- William C. & Joan K. Gacki Ivy Falla Addition 11 6 $1,356.00 $3,365.A0 114-46 1198 Falls View Court Mendota Heights, rII�T 55118 - • ' .. . °i..:i: . - _. ��r,� . ., . ... ., ' . . , , . . .�. . � ' • .. ` � • � �t 1 M' � �. ' • , . . . f t . TOTAI, $6,463.84 $2,316.53 $2,322.60 � $l,$72.30�' $3,864.48 - $9,123.45 - $4,721.40 ' ,�. ... .. l f � t � . ! �. �: . t � J}:: . tji . '� • �{li h�,2. ` . :<% .g5 ;n, , t PARC�L RBPUTTsD OWNfiR Ai�ID SUBDiVI8i0N N0. DESCRiFTION 27-37600- Lean Goodriah Ivy Falls Addition 194-06 Ivy �'ails Homeawners Assae. Qutlot C 1157 Gascade I,ane Mendota Heights, tgt 55118 . 27-376q1- Leon Goodrich Ivy Falls 2nd Addition 410-00 Ivy Falls Homeownera Assoc. Outlot A 1157 Cascade Larie Mendota Heighta, MN 55118 27-37601- Leon Goadrieh Ivy F`alls 2nd Addition 420-QO Ivy Falla Homeowners Assoo. Qutot B . 1157 Cascade Lane Mendota Heights, tgi 55118 2?-37600- Jerald B. & Donna Oatergren ivy Falls Addition 140-OS 680 Maple Park I7rive Mendota Heights, MMiTT 55318 27-37600- Mauriaio Nisita Ivy Fails Addition 154-06 �' 67B Maple Park Ilrive Mendota Heights, MN 55118 27-37644- Robert D. & Mer2e Field' Ivy �'alls Addition 160-06 670 Maple Park Ur3.ve Mendota Heighte, MN 55118 27-57600- ' Franeis Denia lvy Falls Addition 180-06 1165 Sylvandale Raad 'Mendota Heights, MN 55118 27-37601- Gary R. Kravitz Ivy Falle 2nd Addition 010-00 Anna E. Scharer Outlot A � 739 Kno2lwaad Caurt Mendota Heights, MN 55118 :;�;, . . . . . .. . . .. . . . . • , , . . •. . .i. , , , � ,�i i IAT BLK. FRONTAGE AR�SA N0. NQ. ASSFsSSM%NT ASSBSSMEN'F �o.ao �o.ao $4.OQ $Q.04 �a.aa �a.oa 14 6 $4,593.45 $5,024.A0 15 6 $3,356.1.0 $3,412.80 16 6 $0.00 $2,701.80 18 6 $4,237.50 $4,399.54 --- --- $O.QO $777.36 e , . .<<,. :i�:= .... -. -, .. . .. . �, t , t TOTAL $0.00 $4.Q4 $O,Od $9,617.85 -� $6,968.90 - $2,'TOI.80 � $8,437.14 � $777.36 �; ' ' � �,a : . rti• '� . ,� . . � 1� t� 1 i PARCBL REPUTfiD UWNfiR AND SUBDIVISION N0. DfiSCRII7TI0N 27-37601- John L. & Marjprie Brassard Ivy Falle 2nd Additinn 010-01 1205 Sylvmndale Road Mendota Heights, MN 55118 27-37601- Harry A. Hammerly Ivy Falls 2nd Addition 424-41 661 Ivy Falls Court Mendota Heights, MN 55118 ' 27-37602- &irtpn G. Ross .. __.. Ivy Fa31s 2nd Addition 030-01 �667 Ivy Falla Gaurt� Mendota Heighta, tIIJ 55118 27-37601- Norman & Helen Lorentzen ivy Falls 2nd Addition 040-01 675 Ivy Falls Court Mendota Heights, I�T 55218 27-37601- Sric K. & Marilrn Miller Ivy Falle Znd Addition 050-02 681 Ivy Fa21s Court Mendota Heights, MN 55118 27-37641- Diane Smookler Ivy �`a31s 2nd Addition 060-01 682 Ivy Falls Court Mendota Heights, MN 55118 27-37601- John M. & Marcella R. Alton ivy Falls 2nd Addition 070-01 678 Ivy Ralls Caurt �Mendota Heights, MN 55i18 27-3?641- Riehard B. & Dorothy Carley Ivy Falls 2nd Addition 080-01 1271 Sylvandaie Road Mendota Heights, MN 55118 27-39601- Marion & Annette Newman Svy Falls 2nd Additian 010-02 1298 Sylvandale Road Mendota Heights, I�t 55i18 � IAT BLK. FRONTAG£t ARFA N0, N0. ASSfiSSI�N'.� ASSESSMENT 1 1 $2,508.60 $2,142.48 2 1 $1,779.75 $2,450.58 3 1 $2,745_90 $2,801_34 A ]. $4,915.5p $3,332.22 5 1 $4,44Q.9Q $5,673.?8 6 1 $4,152.95 $2,716.02 7 1 $1,474.65 $2,346.30 8 2 $2,118.15 $2,Q57.16 1 2 $4,949.40 $4,062.18 � • �'�; ,:. , . � . ... ,. ' • �,{ � . . ... . . . . � .�{. ., i , , 0 TOTAL $4,651.08 V. $4r230,33 $5,547.24 $8,247,72 $10,114,68 $6,868.77 $3,820.95 $4,175.91 $9, 011.'58 -- . . , : . . _ , . `:i; . � .. PARCI'sL REPUTfiD t�TER AND SUBDIVISION N0. DgSCRIPTION 27-37601- Allsn & Agnee Taylor Ivy Fa11s 2nd Addition 020-02 1297 Sylvandale Road Mendata Heights, MN 55118 27-37601- Leonard H. & Wilma J. Levitan Ivy Falls 2nd Addition 034-02 699 Sylvandale Gaurt Mendota Heighte, MN 55118 2?-37601- �til S. & Sue J. Kang Ivy �alls 2nd Addition 040-02 705 Sylvandale Court Mendota Heights, MN 55118 27-37601- Harvey W. & Dorothy B. Mi11er Ivy Falls 2nd Addition 050-02 715 Sylvandale Court •� Mendota Heights, Mf2 55218 27-87601- Joseph N: & P.A. Pedrolie Ivy Falls 2nd Addition 010-03 1280 Sqlvandale Road Mendota Heighte, MN 55118 27-37601- 3ahn D. & Virginia A. t}verbye Ivy �'ails 2nd Addition 020-03 1286 Sylvandale Road Mendota Heigbta, MN 55118 27-37601- Richard M. & Susan G. Arndt Ivy Falls 2nd Addition 130-Q3 669 Laura Court �Mendota Heights, MN 55118 27-37502- Jerome B. & Roberta Crary Ivy �alls Znd Additian 140-d3 1313 Laura Court Mendota Heights, PIII 55118 29-37601- Rabert G. & Sharon Flynn ivy Falls 2nd Addition 15p-03 1299 Laura Court Mendata 3ieights, MN 5511$ � r ( � t � . � , ",'���' :,ti���itff''•�`ii: •' . . . .t,7.4 ' , .. .. f. . ... . . � 0 LOfi BLK. FRONTAGE AREA N0. N0. ASSfiSSI�NT AS5�SSMENT 2 2 $3,881.55 $2,298.90 3 2 $2,186.55 $2,497.98 4 2 $3,394.0{} $2,578.56 5 2 $0.00 $3,825.18 1 3 $O.QO $1,967.20 2 3 $t7 . 00 $1, 824 . 90 13 3 $0.00 $2,047.68 14 3 $4.40 $1,900,74 15 3 $0.00 $2,128.26 . , .. . . ' . . • ''2+� , + TOTAL $6,180,45 $4,684.53 ��,sss.ss $3,825.18 �i,ss7.�a $1,$24.90 $2,047.68 $1,9Q4.74 $2,128.26 . � . . ; . ,i�. ,� ....., ._ ' � ! ' PAitCFL '� RFsPi3TfiD OWNfiR AND SIiBDIVISION IAT BF,K. FRONTAGfi AREA N0. DfiSCRIPTION N0. N0. ASS�SSMfiN2 ASS�SSM�NT 27-37676- Gary R. Kravitz Ivy Falls West 2nd Addition 16 1 $d.00 $1,826.18 161--01 Anna �. Schorer Pt af Lot 16, Blk 1 Lying E 739 Knollwood Court of Line Parr to & 14Q ft 8 Mendota Aeights, MN 55118 of as meas at RA to W Line • Lot 16 Subj ta Esmnt 27-37676- David A. & Maxy M. Libra Ivy k'alls West 2nd Addition 17 1 $0.00 $2,274.25 1.70-01 737 Knollwaod Court Mendota Hei�hts, M�T 55118 0 TOTAL $1,820.16 $2,274.25 A - ,�. .. ., s'��: . . . . November 24, 1992 William and Joan Gacki 1198 Fallsview Court Mendota Heights, MN 55118 James E. Danielson Director, Public Works City of Mendota Heights Mendota Hts., MN 55118 Re: Iv,y Falls Creek Assessment Lot 11, Block 6 Mr. Danielson: We �.re writing to protest the proposed assessment of $�b,721.40. Our propert�T has suffered minimal to no damage from Ivy Falls Creek and we do not feel that we will benefit from the proposed repairs. We also take issue with the term "high benefit area." How could we possiblY '�benefit" when ,you are actuallY repairing damage caused b,y poor storm drainage management by the cities of Mendota Heights and West St. Paul? We feel that both cities should be fina.nciall,y responsible, since they have caused the problems to the properties on the creek. We do not understand wh,y ,you are not addressing the causes of this problem, which would involve diverting water flow through other areas or underground. It seems to us that ,you are seeking a"bandaid" solution for a problem which never should have occured in the first place. We feel that any assessment should be equitably distributed to all properties in Mendota Heights and West St. Paul which are contributing to this problem. cc: Mayor C. Mertensotto � Councilwoman Jill Smith William L. Gacki Joan Gacki, ��� � .,.� --�v � 0 f ,,,� __... s• City o� .,,., l. �, . , . 1��iendota Hc�ights November 27, 1992 Allan and Agnes Taylor 1297 �ylvaudale Raad Mendota Heights, MN 55118 Dear Mr. and I�Irs. Taylor: Thank you for meeting with 3im Danielsan and me on Wednesday, November 25th to discuss the tributary that nms alang yaur property. Compared to the main creek, this tributary "" `"�` has relatively low flow rates. Due to the steep s%pes however, there is significant erosion of the tributary channel. R�e discussed three options for unpmving the erasion problem; do nothing, install pipe, or install drop structures. The mast permanent, risk free alternative wouki be to pipe it all the way to the main creek, _but this wauld mean the Ioss of the aesthetic value of the tributary creek. �ou suggested that we pipe the upper portion of the tributary, then use small drap structures for the Iower portion,. This would allow you to enjoy the lower section of the tributary while your home and properiy would be protected fram the upper portion. Thi.s solution Iooks acceptable to the engineering staff. The details can be warked out with you and the Newman's during the design phase of the praject. If you have any questions or comments, please give me a call. ' � �` "�" Sinc rely, Klayton H. Eckles, P.E. Assistant City Engineer � 1• � � cc: Marion and Annette Newman Mendota Hezghts City Council 11U1 Victaria Curve • 1Viendota Heights, 1ViN •� �5118 4v2 • 18�4 .� ,� . CI'I'Y OF MENDOTA HEIGHTS MII��O December 1, 1992 TO: Mayor, City Council, and City Administrator FROM: James E. Danie on Public works ir SUBJECT: Ivy Falls Creek - Public Hearing Assessment Objections � 7ob No. 9219 DISCUSSION• ' To date the City has received six (6) written objections to the Ivy Falls Creek assessments: � 1. William and Joan Gacki (attached with original packet) , 2. P.11is and Edyth Abrahamson (received 11-30-92 and attached) � 3. David and Mary Libra. (received 12-1-92 and attached) 4. Eric and� Mar�lyn Miller (received� 12-1-92 and attached) ' 5. 7oan O'Brien (received 12-1-92 and attached) � 6. Chris and Mary Doyle (received in June at the time of the first hearing and attached) � All property owners desiring to appeal their assessments must submit a written objection t prior to this assessment hearing or present it to the Mayor at the hearing in order to be able to � legally appeal their assessment. Then, within thirty (30) days after the adoption of an assessment ' roll, any of these persons submitting objections may appeal their assessment to the District Court. � ACTION REQUIRED: For information only (see attached map for location of objections) � JED: dfw 6 �1 G 0 t / ` �, : ;�.;!�%�-� I ` . . � . � - r . �. , .�.�. � . � . ; . C� . „' � ,� � �� �� � : .. .� Q � ,, � � �.- / •...r�� `• r 4 , � „ � ,�" '' �-" �? d � � a l''"�.,�, �. �. �1�`C` � ��M M ' ,� � . 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Llnfc?7.if1C5� �=�T �ill =i�SE'�L.f�!!:'i:`•. 5•;E' i�t� ii!:4 O�FiQ;ii. �^�C �I��hlfr =�'vJl'l l.kl:' (JYi_i�i'fi.v �il'1 L}1F• Ci �_�.}:'-•-1� �{'.�ii;;�1� �Q T.i•!E• i�."i• : cti�= i�=�Gi1�'��k�Cl�fS f�155�=��=1a�'CIOfI. ��e SeYl���.lsly Cjltµ5tl�=tt1 Wfit�tFi�r 'efl?� �.ri�j_�i_:�f•i? ii:'+_YaJ,l ciijti�=_itl 4�1i1 =,�:�ll'C_ �fi£` ,`j}i�t�;.t'(ii} -'f��_:` ti}t�;F_ �1'�t.; �'}s_:ir.� :��_�•ii �r�i��e_C FII�1:}i.h-.`1�17�_=` �_� �?fl� �:f���� c�ft_�. ��ert�ij-{_ 't.EIE' C��ildlvl�?tlG tftl: i:lil5 C1cii!. ii �J�lf� : 4 1'� i:1 V a �, .1 � � i�. � f'i' / ,�GL �'l r�• ' v ( ��� ��., a i. r Eiiis t•a arid �dytt�e i� Abr-���z�rr���_�r� 71 � t�i�cN 1 e F'a•r �: L'� �;.tr- i M�r�d-_i���, hifig��tas I"��{ �511E; - �_�.: �.t�Ur��_Ll�llt(Ili7if J3r�C41i ��N`�Ct�ti C� �! iri�_ i i ri�eri�ber- '���r a �':e.,:iri�: ri� i,:!llil�=i:fi��_=iiibeY i�i1Y'15�iti? �'����=t1 C� :�trn_ 11 riierii5 r_•1� J�i 1 1 �:;fi�;. �. F'� �;Y .��fii�5 Ur:ltliei���ti 9 DAVID A. and MARY M. LIBRA. 737 RNOLLWOOD CT. MENDOTA HEIGHTS, MN 55118 451-9?00 Certified Mai2 - Return Receipt Requested City Clerk City af Mendata Fiezghts 11p1 Victoria Curve . Mendata I�eights, Minnesota 55118 s �C6'to�{�} 1t�a/tnZ November 24, 1992 Subject: Ivy Falls Creek Drainaga System Improvement No. 91, Project No. 6 Dear SirJMadam; We are the owners of Lat 27, Biock 1, Ivy Falls West 2nd Additian, Dakota County, Minnesota (Parcel No. 27-37676-170-01). Pursuant to Mi.nn. Stat, Section 429,461, we hereby object to the proposed asses�ment of our praperty in connection with the above Project, While we support the overall. goal af erosian control for Ivy Falls Creek, we believe that �the propased assessment is arbitrary, illegal, and unconstitutionai. First, we object to the inclusion of our property within the proposed assessmen� area. The storm sewer water draining into the reach which begins on our property and runs to Ivy Falls is controlled by t�hree gabions that were canstructed by the City at the time our Addition was developed. The first gabion and part of the second gabian are located on our property. These structures have served their function to slow drainage and minimize erosian. During the nine years we have awned the propert�y, I cannat detect any add�.tional erosian affecting our property. No work or erosion adjaining our lot was addressed in the notices concerning this �J�OjBC'� or at the recent : infarmational meeting. The extensive (a�d expensive) work in this Project is being done an the Creek•upstream irom the point our reach enters the Creek and on other`tributaries. We request that our property be deleted from the a$sessment area because it does not front on the Creek; no wark is�necessary on the partibn of the reach ad�oining our property; and aur property is protected by the previously constructed gabians {�'ar which we were assess�d and have paid). Second, if our.praperty is included in the assessment area, we fail to see how our property is benefited by the work an the Creek any more than the neighboring lats which directly drain into the storm sewer and reach. The reach is a proximate and necessary part of the storm sewer system as much as any pipes m under the street. There are 25 lots on Knollwood Lane and Knollwaod"Gourt which drain directly into the storm sewer, and there are an addita.onal faur lots on Medara Road and Medara Court which drain toward the storm sewer on Knallwood Court. We do nat know wh�ther any additional seations of the storm sewer connect ta the outlat on the rear por�ian of our praperty. At.minimum, all of the lot�s benefited by the storm sewer �hould be treated an a substantially equal basis for purpases of this assessment. The storm sewer pipe, gabionsl and drainage easement on our property are signi�icant detriments which mainly contr.ibute petroleum and chemica]. pollution, dirt, and trash to aur property. As a further reward for this detriment, we :are : apparently being singled aut (together with ane neighbor) for these additional costs which are directly attributable ta the entire �torm sewer sys�em. The storm sewer and gabians in our reach were canstructed 3ay the City and the aosts passed through as part of the original sewer assessments to all lots in ivy Falls West 2nd Addition. Why shouldn�t the present repairs be apportioned on the same basis as the original assessments for the storm sewer amang all owners served thereby? Third, the minor work to be done to the reach and the third gabian downstream from aur property falls•into the categary of repair and maintenance rather �han an assessable improvement. At the recent infarmational meeting, it was clearly stated that the City would maintain the gabions and structures to be built as part of the Praject. This is simply an extension of the Ci.ty�s general ab3.igatian to repair its streets, sewers, and structures. The same policy must be applied ta the existing gabions on our reach which were built by the City and previously paid for by assessments; to do atherwise i� discriminatory and unlawful. Faurth, the proposed assessment constitutes an unconsti.tutional taking based on the assessment exceeding the benefit to aur property. Sf the water introduced to the Creek by the City's storm sewers causes damage upstream from our reach and on other tributaries, we fail ta see how the repair af that damage contribu�.es any special ben�fit to our property. There i� na basis for appartioning any special benefit to our property as a resul� of the praposed erosion repairs., which are for the direet benefit•of the properties fronting on the Creek and other tributaries and for the indirect beneEit af the entire Creek drainage area.. How, for example, are we benefited by the five- fold e�ansion�of the holding pond in ivy Hill Park and the subs�tantial repairs to the Ivy Hill Park Reach? If all owners of properties which are downstream fram the work ar on any reach receive som� assessable benefit from the Project, why aren't the property awners belaw the Falls and on a13. reaches included in the assessment area? Fifth, the erosion proposed to be repaa.red is caused by the storm sewer system serving significant portions o�' Mendata Heights and West St, Paul rather than from natural. drainage. The responsibility for repair and maintenance of the storm sewers and the natural channels into which they drain (together with�the � related dams, ponds, etc.) should be spread over the entire area benefited: If it is politically or legally impossible to spread a larger portion of the cost to West St. Paul, the cost should at least be spread on an equitable basis among all areas of Mendota Heights which drain into the Creek. If not the larger Me�dota Heights area, the assessment should cover at least the properties directly draining into the area of the main repairs, such as the properties on Sylvandale Road, Laura Road, Maple Park Drive, and the Ivy Hill townhomes. • Sixth, the decisions as to the properties included in the assessment area and the proportionate distribution among various owners in the assessment area are arbitrary and capricious�. Our property was not originally in the proposed assessment area. Properties have been included or excluded and proposed assessments have been changed during the discussion period of this Project with no relationship to the work being done or the benefits involved. The Outlots owned by the Ivy Falls Homeowners Association located in the Creek bed and directly benefited by the work are being excluded from the assessment. Further, some assessments have apparently changed by more than $10,000 since the July notice on this Project. These decisions and changed decisions do not show any rational allocation and violate the uniformity required by law.. I attended the recent informational meeting and was impressed by the need for action to prevent erosion at other locations on the Creek. However, for the above reasons, we object to•the proposed assessment and request the deletion of our property from the assessment area. The location of our lot and the presence of the existing gabions create a substantially different situation for our property. Sincerely, G%���! �!�� ! ! ��t.1-il ��� � �I � �'7 r.� •November 30, 1992 Kathleen M. Swanson City Clerk City of Mendota Heights Dear Ms, Swanson, We are in receipt of the Notice of Hearing dated October 28, � 1992 setting a hearing ior December 1, 1992 to consider pro- ' posed assessments for the Ivy Falls Creek drainage system. This ' ].etter shall serve as,o.ur written objection to the proposed assessment of our propaxty i.n the amount of $10,114.68. We conCinue to believe the assessment is too high because ' a.t is not being shared by all of the persons and business who are contributing to the storm water. We shall not receive any special benefits from the proposed project, The project will hapefulZp s�ap future damage ta our praperty and repair past � damage. : We are extremely disappainted that na propasal has yet been � made on behalf of the citp which includes all �hose who cantribute to the drairtage problem. In view of the obvious un�'airness of the present funding proposa]., we have no alternative ather than to � � object to the assessment. : �� Sincerely, ` _ ��,,�. `�`��-�- ��`~ %��.�� �.. Y��.,�.�., �� Eric Miller Marilpnn M'11er � � Y � JOHN E. DAUBNEY JANET C. FESLER• December 1, �1992 Mayor Charles Mertensotto and Council Members 1101 Victoria Curve Mendota Heights, MN 55118 lAW OFFIGES JOHN E. DAUBNEY ATTORNEYS AND COUNSELORS AT LAW 1 OI O DEGREE OF HONOR BUILDING 325 CEDAR STREET ST. PAUL, MINNESOTA SS10I•1012 Re: Ivy Falls Feasibility & Assessment Hearing Job No. 9216 Improvement No. 9, Project No. 6 Dear Council Members: /��£'��?�° ��-/' � Z � s�,°iJj �Y�IS FAX (6121 224-I 162 1612)224-4345 'AL50 ADMITTED IN WISCONSIN This letter is a written objection to the proposed assessment to be heard on your December 1, 1992 meeting for improvements to Ivy Falls Creek. This objection is pursuant to Minnesota Statute §429.051, 429.061, and 429.081. The Law provides that the cost of any public improvement, or any part thereof, may be assessed upon the property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement. The Law also permits the municipality to pay such a portion of the cost of the improvement as the council may determine. This letter is written on behalf of Mrs. Joan O'Brien, 1199 Falls View Court, Mendota Heights, Parcel #27-37600-090-06, whose property is proposed to be assessed, for an area assessment, in the amount of $3, 564.48. The objection is being made on the following basis: 1. Although almost 1/2 of the drainage area� for Ivy Falls Creek lies east of Delaware Avenue, and therefore within: the city of West St. Paul, it is only proposed to be assessed $55,000.00 or 5 and 1/2 % of the total estimated cost of $1,000,000.00 The location of the drainage area has been established by the Board of Water and Soil Resources and is presumed to be accurate. 2. The area most directly affected is identified in Appendix A, map #1,Ivy Falls Creek project area runs westerly from Slyvandale road. This area is identified as out-lot C, Ivy Falls addition, and out-lots A& B in ivy Falls second addition. The assessment roll srates that area is owned by the Ivy Falls Homeowners Association, a group in excess of 100 homeowners. The proposed assessment is zero dollars for either frontage or area for all three parcels, althougKit is the area which will be most greatly benefited and has the greatest erosion problems. Any assessment against these parcels would be spread throughout the association, whose members pay annual dues to provide for the property's responsibilities, insurance and taxes. Minnesota Statutes 429.061, subd. 1, provides, in part, "thereupon the clerk, with the assistance of the engineer or other qualified person selected by the council, shall calculate the proper amount to be specially assessed for the improvement against every assessable lot, piece or parcel or land, without regard to cash valuation, in accordance with the provisions of §429.051." Whoever prepared the proposed assessment roll apparently overlooked this requirement of the law 4. There is association owned land between Mrs. O'Brien's lot and home and the creek itself. It is not anicipated that any corrective work will be done on the O'Brien parcel itself. Some of the owners whose properties abut the creek own down to the creek bed itself and thus may receive some special benefit. O'Brien feels that the propased assessment, in so far that it affects her property, has been made on an arbitrary basis, based on a change price per square foot; some of the other property owners are also being assessed based on a front footage basis. 5. The correction of erosion problems on ivy Falls Creek is clearly a matter that requires municipal action. Your proposal to charge 15% ($150,000.00) on an assessment basis and to pick up the balance from other sources is an equitable one, but it is inequitable not to recognize that the primary benefited parcels are owned by the association, and as such should be assessed. This would spr�ad the basis over the one hundred plus members of the association rather than the thirty one property owners whom your proposed assessment role shows are being "benefited." There is provision in the law for a reassessment to be had if the council finds that the assessment or any part thereof is excessive for any reason. It is respectfully suggested that reassessment be had with a greater share of the burden being �laced on West St. Paul and on the homeowners association. Very truly yours, THE JOHN E. DA hn E. aubney :orney or Joan O'Brien LAW OFFICE TW�EGOING HAS BEEN WRITTEN OB TION TO THE PROPOSED ASSESS ( G u_y'" � � • J n E. O'Brien �'� 1199 Falls View Creek Mendota, Heights 55118-1702 Y REQUEST AND CONSTITUTES MY ENT. a • � � ��J� • SEp 6-1-92 Page 1 of 2 ATTEN: CITY CLERK City Council City of Mendota Heights From: Chris & Mary Doyle 642 Maple Pk Dr Mendota Hts Mn 55118-1839 552-4090 RE: Proposed improvement to the Ivy Hi�11•�ark Reach Dear SirlMadam, Please take a moment to review and reply to our concerns on the proposed project. When we took possesion of the property on March 26 1992 we were not told about the pending project on the creek. Our original intention was to landscape and "clean-up;' our lot to make it more usable for our family. Since the city has an easement on our land for the reach. we believed that the reach would be maintained by the city. Our portion of the reach is flat compared to the steep grades typically found down stream from us. A few weeks after moving in, we were traumitized when notified by the city that our property would likely be assessed about $9,300.00, a larger then average amount assessed along the creek. Although we sympatize with our new neighbors down stream from us we don't believe we should have to bear a greater then average assessment compared to other assessed properties. We are a young family with a limited budget which had not planned on this great expense. With this in mind we want to move forward and find the best solutions. We are opposed to further work on the creek on our property, other then the restoration of the creek. This should have been done on a routine basis after the holding pond north of' - our property was built. The city engineers drawings ; demonstrate clearly the amount of erosion which has taken place since construction of the holding pond. We are being assessed today for past water management decisions which . neglected to resolve the whole water management problem. . However, in the event the project is going to be built we want to present our concerns as follows: Because of the city initiative to change the reach we have , decided to continue to make our lot more usable thru ' lanscaping and also split our lot so that the west end urould be a buildable lot for a single family"dwelling. ± page 2 of 2 These are the things we want to accomplish if the project is comple�t�d: � 1.Allow us to improve our land by landscaping. 2.Allow for the splitting of the lot into a second buildable 1ot. a. Change the center alignment of the easement for the creek , b. Reduce the width of the easement to 20 feet or less. c. Replace�bad soil if needed were the house pad would be.. placed. d. Save trees during creek construction. e. Replace trees killed during construction. f. Add soil to lot were needed. : g. Split Assessment between two lots. h Defer tax and assessment on second newly formed lot. i. Design storm sewer to allow the above to work within city guidlines. • j. Reduce our assessment, both by adding more properties, � which are on the reach and by adding properties that have a , secondary benefit to the reaches improvement. k. Increase the sewer/water surcharge city wide to decrea�se � - our assessment. l. We don't want to be assessed without accommodation by the • city to the above items. , Thank you very much for your attention to this matter. Sin�.e,ely, � ° �.�71� ' � . Chris and Ma D yle � See attached lot maps 1 and 2 • . . s l r t I�'- - �` � "�,,,' �� 4 � �' '"„ �, '�+► � �� .� �t + � .� ` � •!� � �!„� � • r .ti . .��-:s j� 1�r �..�r ,�yy '�..n.� � �► � �•,�'�4."�, � �► : �..,� � ° r �� -,,.�:-. � �.�,., Ea" ; � �:.,.71 �t� Q 4 `'�q�'.,: � ;r:ir°"�:�.': - � ; �1 "��► `�� �1,�,! �'. �., �i� .. , � .,�;��► �1� � ��, �, �► � r •v. �� :1� '.' ..� ' � \\�� i.r� � I .. i�. �j�I� • •r • � .,� +��� �� � ����j \��`� .. �.,. � ni .'. �f �, �� �i•� � . , . f .�� i'� �� � ► ''' � • � r � ` � �� `►."�1 r , . :: � �1 a. ��. . . :'�._�.. .��..�,,, . �.�- ,,�,.4.. .-.� . ���� `�� � ,► A . t �� ,_ . ��.,. � �, ,,,,�► � �'' . ,.�,� : ., ,� � � � '� ���� � �'�'� � ��'�,�' '� . .�. �i►'� G� :`, ��,1► c���! �, . � � '�, .. . .�� � '":���•����.;�► � .?, �.,,,,���,,�` �,�; , � . �� r � . a j: r''',,���.�, �,' �.,4�►► 1 ::�� � �- � .� :�,�+i. "'�..� �► .�., =..�*' ��►.1..''`�► �1 � °����'' �����'. ''�;�; �` ''C' „ , „C• �. �r •Q E:�� � . � _- p Q ' � , .. d�; Q *�► ` . ''�:: .,,�►.. ''�► � • :. . . ;" �'�` �� .; «. ;f � .;�.r�^_r �<,. �,!,�c....,� � . ;.c,;rr.w.N'�m{;3y4,b}c7?!;�4R+:+}�s:7F:' .,-.: ,.,c' .ti ... .��••, � �? ` ` R V � � rM��► �� I�1� i�lU � 1�� _�� I I^ Y ��1� � � � � � ��� .�� �� �� / \ c/� . -ts i .�� �� . . � , .. �� /� ' � �+o � ` ,�► . • � ti � �.. ° � ` � ca � sC� '�` `O .� . • J� ~` � ' .� � �, i'r.� • �.. � ��y,,,. ,. � �4' �`�► . „�'" . : ,� ,,,\. ti ` �� �'`�•.t •v• . � r . - a, ..� • � � \ � +� , � �,•� � � • i ;.;;, . ` � UI1�� � r��y . � � .� '` :..�. . -. •� �t- • - n+� o _ � �,;., : ., , . �,,�, . a.,t ,� . � � ' �,-;I,o �r ' i � 1/'i,. . . :; v'?{..' � � . , � �. � • :. . .. !► 3d` 34' ... ' � . � . ' . .� . . ' :"�.�-. " ' + . 4; � • �ti_ , ' � , ; '�14� : a. ^ { • .. �. . 4 �`� . . . � �! . ' � '�4 . ��I�+ `��Mi, •'' . � � � . � :. • � � �: ��rl'r ` , . O ' i _+ • � • �-':i+ • ' �'c..; . . . . .• , , ' . . - i :i:�. � : . � �d � : � . . . � � _ �\ f p r CITY OF MENDOTA HEIGHTS MEMO November 25, 1992 1 T0: Mayor, City Cauncil and City Adminis FROM: Kevin Batchelder, Administra�ive Assist �' SUBJECT; CASE N0. 92-34: Grilz -•Variance DISCIISSION Mr. Donald Grilz, of 715 Decorah Lane, appeared before the Planning Commis�ion to present his reques� far a four faat {4'} rear yard setback variance, to cons�.ruc�. a home uti].ity and storage �acil.ities add�.tion. Please see at�ached Planner's Memo and Applica�.ion. � The Planning Commission felt tha�. there exis�.ed a practical. difficulty in providing wider corridors in the u�ili�.y area for hand�.capped movements. I�. was n.oted that a similar rear yard �etback variance had been granted on Sep�.ember 21, 1992 at 697 Decarah Lane (Keithahn Variance Case No. 91-3?}. . The Planning Commission waived the requirement for a public hearing as all signatures of consen� were submitted. The P2anning Gommission voted unanimausly to recommend that City Council approve a four foat {4J} rear yard setback variance to allow cons�ruc�.ion af an addition �0 715 Decorah Lane, as praposed on the submitted Site plan, dated September 34, 1992. ACTSON REQIIIRED If Council desire� to implement the Planning Commissian's recommendation, they should pass a motion approving a four foat (4') rear yard setback variance for 715 Decorah Lane, to construct �he proposed addition. KLB:kkb PLAN1vING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PREPARED BY: PLANNIIVG CONSIDERATIONS: Background �� cc��;s��►_Ti�c: PL:\tii�Ef:s LAf�DSCAPC• AF:CHIT[CT'1 n0ll PIRS7" A��Ef�UE ;�0127'1{ SUITL• 21(1 \1W;��EAPOLIS. �1\ �ittll hl3 ii9 �illll 24 November 1992 • 92-34 . Donald M. Grilz 715 Decorah Lane Variance to Rear Yard Setback C. John Uban The applicant is proposing an addition to the rear of their home to accommodate special .needs of both he and his wife who have restrictive physical disabilities. The addition would not be visible from Decorah Street as it is attached totally to the rear of the garage. The purpose of the addition is to provide a single level area for easy access with a special design for home utility and storage faciIities. The addition maintains existing setbacks throughout, except for the rearyazd which is proposed to be approximately 26 feet versus the required 30 feet. Early plans had shown the addition more to the side of the house which would encroach on the sideyard setback and the western neighbor. The plans were then revised to show the addition behind the garage and to the north where the yard provides better separation from the adjacent properties. Variance The four foot rearyard variance is requested to accomplish the special design of the addition. The addition placement on the lot appears to provide the most aesthetically acceptable solution with the least amount of impact to the adjacent neighbors. The consent signatures were completed and the public hearing may be waived. The special use home addition could be remodeled in the future if a new homeowner wishes to convert it to other types of living space. The space will then be adaptable for future residents and generally fits into the overall character of the neighborhood. The addition is.� good method of adapting a single � s Donald M. Grilz, Case 92-34 24 November 1992 Page 2 family structure to the needs of disabled residents. This type of adaption is generally considered better for the residents than inoving out of the neighborhood and into specialized housing. ' The.hardship for the variance is the special needs of the applicants as applied to the existing residential home. The 4' variance to the rearyard setback is preferable to a larger sideyard variance. 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'Q L '� E � AW � �o �' � P' 2 ��� RE CROS !1� L.� , Qt�IT1 N � 1� , h, IZ ��3 ` SUBJECT PR4PERTY 4 ,Z 6 � FOQ ��A�� S{ >s .o .s� O 1 aecoec . .r p • � yP 3 �, s,, , � �'� r '- NORTH � ,` � � .. , �R� i N �S � w K �f � �` _ ^ � Z ° ° �' ^f � SCALE.{ (� "`� -� � ,�y... . � �. ';t I M'�ZV � IO � ,V 3 � � rd : � q ^+ !' +! ,o .'' �' :, �G+s a sr J � iii::'€2:a:. ,/�\ y 1� j "` � b �' "s l� .��'�'-.�'�.E:::::::: � ��,9 �,\ Ift j . ���aS *cJc c7J`i '�� ��X a�k '+rci `0 y ��::.-ei2:::{;r'� , �� �y j i . . ♦ � co � �c',� L ,� � �''• !G / � fe � . ' �' `l � y � •� � \ �si Q I � v „S`�' % y r �r � tp T ''� r i % .. ~ \ i > �. i 4 'r'dt � i \ b \ ti � � ys 7S i�. : �. � ,.� sr� �.o ,o ` ,� L � �L r z ,a . t . - % _ �o Q � ,,,g s o �, 4 � T s '� �j ! � � � a � o,�,� / Q _ A4 j( � ,�� s � y� `o y {o �.._,_._ �_ ,J T �' j � �c 4 �a 1y ,r�R C: � z ( i � f a • j r '.� `� ss o :1 �- � ` � e � y ' m � r ° •'' d o, 'S w� �tr? Z� 3 e . �; � 'J°''�r � i. _a .i �t i j � � o �� � i6 s Qs � �� �. Q � e � 'a-� 3 "s �s ,4.. � !f �v 9�, � OUTL�JT C 1 � ti � � . � OCTQBER ia, �ss� Ta THE CITY OF MEND�TA HEIGHTS, I WISIi T(3 PUT A EIGHT FOOT STORAGE ADDITION BEHIND THE LAUNDRY RC;�M T� STORE THE LAWN MOWER, S�iOW BLOWER, LADDERS, SIiOVELS, WATER HOSES, LAWN FURNITURE AND QTHER HOUSEHOLD ITEMS USUALLY STORED IN A GARAGE. MY WIFE HAS PHYSICAL DISABTLITIES DUE TO A STROKE AND A HEART ATTACK AND'I HAVE A PERMANENTLY DISL4CATED SHOULDER FROM AN AUTOMQBILE ACCIDENT IN WHICH I WAS A PASSENGER, WHICH IS THE REASCiN FOR US STATING A HARDSHIP. I WISH TO PUT A LAUNDRY ROOM�BEHIND THE GARAGE SQ MY WIFE WZLL NOT XAVE TO GO UP AND D(}WN THE BASEMENT STEPS WHEN DOING LAUNDRY. THE REASON FOR THE ADDITIONAL STORAGE TS DUE TO OUR PHYSICAL DISABILITIES. WE NEED MC?RE ROOM IN THE GARAGE TO OPEN THE CAft DOORS THEN AN AVERAGE PERSON IN GOOD HEALTH WOULD NEED. I REQUEST YOU TO APPROVE OUR APPLICATIC?I+I BASED ON THE ABOVE HARDSHIP. I AM ENCLOSING A SITE PLAN, ALCiNG WITH A DETAILED DRAWING BY A REGISTERED ARCHITECT, teSIGNATURES OF GONSENT" BY MY NEIGFiB�RS AND AN ENERGY GODE VALUATION. SINCERELY, � � � �a ��� DONALD M. GRILZ, SR. a�... . -� Applicanf Name: , 1Viendota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST (I.ast) (�'irsc) C ity o� Heights Case No. � �-� Date of Application C' - Z Fee Paid �(, (� 'Z P Address: �� � � ��G'� � �/t ����1%� f 1'J�� �%,�%G�%� ��7�5 ���V l �S/ � � (Numbet & Street) (CitY) iStaie) iZiP) ,�..�.. r � Owner Name: � S ��d �� (I.ast) (F'ust) (Mn Address: (Number & Street) (City) (State) (�ip) �+-� � Street Location of �roperly in Question: //,,Y` ,n� � D OF' /� l� F��i?1 Legal Description of Properiy: Type of Request: Rezoning Conditional Use Permit Condifional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zo�ng of Propert� Present Use Proposed Zoning of Property : Proposed Use � � Variance Subdivision Approval Wedands Permit Other (attach explanation) Section I hereby deciar+e that ali statements made� in this request and on the additionat ��• material a�e true (Signature of Applicant) .• � � a - / `�' -- % �. cDate� . �, n l� (R 'ved by = T'rtle) � - � . � -;1�01=:VictoriarCur"ve'��1Viendota>Heiglits'�1Vi�T��5v118 �r�=:� � � • . _ � �, �;:452=�1850. :�< ��:�. _, . :s : � . . . , _ ; , .,.;�_,,.:.. ��.:.-.:��:�:.,,� � - „�... .. .. . _ . . . 3'�?�'.C`::':R�.: ,�C�t�� J..:.. �'[ti'•�ie �t:. _ . y^',:y,Y.��,ca,� -: {i._ . ... .. �.. . �` ' ..' , .._ I:f'=.+'"�:.... �..r .. .. . .. • . �. . " -. 1 .�l�y' tJ►� ��,,.,� ,, � ,��e�C�tJ�c�►. �i�l��'ltS ,,.�.,�.,� _ �____ SIGNATIIRES OF CQNSENT FdR 'PARIANCE REOi1EST TO: The Planning Commission, City of Mendata Heights FROM: � Property owners af ���; T��C,fz-�A LA� � 0 RE : v�� ►.J �a R l t--7,� � � ,4-�-t f� C.�- '� �-�.�.. `�I � �� `'-.�- �.�'��-cv-L f � � i �': r -� �. We the undersigned have reviewed the - plans for �� nf ��.� LZ � : and � undexstand fihe terins . and �°� conditions of the requested variance 'for � 4-'� . reew� � 4�.ftii��� - � . '. . we nave no oa�ectians �o tnis reques� ana aa n�: written consent and consent.to'waiver of public Sincerely; NAME (Please Print� � � � �� � � � ►��, M„ � �� "�. � �, . �. � �, -� � y �_ � l *- L• -� � � r , � r , �� C � F ..d� ' + r' . .,� _ie..r _ + � �� � L r,� _ • ' e'l..�. 0 . , �1101 �Victoria Curve • �y give ottr � 2earing. ADDRESS (INCL. IATj �%OZ �GA-L� io� Bc.A-r�n � `�l l`0 CSGG.L./�! . �t77..�, Po�P-1t�-c -� 2�- ��� �r ,9�e. 7 G�i Z>..r- c.��e�►4 t+ ��t �,�.�-�- �7D7 DE:Ga��A� � I 2_ L'�r-o,�3 �Y� V��,1 -�2t�,� �r,�� G�i3 i�%�'�' . ,�3�N' • 55118 452=1850 z , � . `! . � � � ,C lt o� � ..i.�. : ,��.er�►dcita H��ig:hts November 2Q, 1992 Mr. Donald Gri1z . 715 Decorah Lane �iendota Heights, MN 55120 . Dear Mr. �Grilz�: � Your appl=icatit�n, for a variance will be considered � - by the P].anna.ng Commission at their next regularl� scheduled „M,. .,. -� meeting, which will be held on Tuesday, November 24, 1992. The Plannin.g Cammisszon meeting starts at 7s30 o`clock P.M., here at the Cit� Hall in the Cou.nci3 Chambers. You, or a r�presen�ative should plan. on a�tending the meeting, in. order tYiat yaur appl.icatiara. will receive Cammission consideration. �f yau ha�re any c�ezestions, piease feel free to contact me. Sincerely, �',(.v�.- �jr��-�'�`�-Q.�._ Kevin Batchelder Administrative Assistant ��i�:+i;�: Enclo�ures _ � � . ,• . 1101 Victoria Curve -�endota��Heig,hts; -1ViN:-.:v51I8� � -'=452•18v0 � . . � i�y a� .,,,, �, 1��iendota �-ieights Novemb�r a�, 1992 Mr. Donald Gril.z 715 Decorah Lane Mendota iieights, NIl�T 553.20 . Dear Mr. Grilzc � Your application for a. Variance wi7.l be considered by� the City Cauncil at their nex� regularly scheduled meeting, which will be held on Tuesdav, December l. 1992. The Council mee�ing starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative should plan on attending the meeting in arder .. tha�. your application will receive Council cansideration . The P].anning Co�nission voted unanimausly to recoamnead that City CouaciZ agprove a four �aot {4'} rear yard se�back varianee to allow canstruction of aa addition at 715 Decorah Lan.e, as prapased on the Sept�er 30, 1992 site plans. If you have any questions, please feel free to contac�. me. Sincere3.y, �,t�ct1 �., �����.X�.e-K�� Kevin Batchelder Adminis�.rative Assi�tant �, ic .... Enclosures � � 11Q1 Victoria. Curve • 1ViEndota Heights,lViN • 55118 452 • 1850 ` . .3:r ,a., _ ...� � CITY OF MENDOTA HEIGHTS MEMO November 27, 1992 T0: Mayor and City Council FROM: Tom Lawell, City Administ at SUBJECT: Goose Control Problem at Mendakota Country Club DISCIISSION Mendakota Country Club is requesting from the City a hunting permit to address problems associated with geese on their property (see attached letter). City Ordinances prohibit the discharge of firearms within the City, therefore specific approval from the City Council is necessary if Mendakota is to proceed with its plans. Attached please find a letter from Mendakota Country Club representative Mr. John O'Connell, regarding their request. Also attached, please find a letter to Mr. O'Connell from the Minnesota Department of Natural Resources regarding various goose control options. If a hunt were to be authorized this year, it would have to take place during the DNR's Twin Cities metro goose hunting season which runs from December 15 through December 24, 1992. Mr. 0'Connell will be present on Tuesday evening to discuss this issue with the City Council. BACRGROUND Firearm discharge within the City is a major concern of Police Chief Delmont and is prohibited due to obvious public safety concerns. In recent years, firearm discharge permits have been issued by the City to assist the DNR in its deer control efforts in the Minnesota river bottom area. The City's only previous experience with goose control problems involved a situation at Somerset Country Club some five to six years ago. In that instance, Somerset conducted a goose trapping/relocation effort in conjunction with the University of Minnesota. Details of the U of M Program are included with the attached DNR letter. Chief Delmont is attempting to contact Somerset Country Club prior to Tuesday night to learn more about their experience with the trapping/relocation option. i� a � 1. . � According to Mr. O'Connell, the trappingJrelocation optian has been expldred and rejected by Mendakota due to the co�ts invo].ved {$1,000 per year for three ta four years}. RECO�!II�ENDI�TZON . In discussing this matter wi.th Chiei Delmont, cve are both concerned with the Safe�y and noise aspects af the requested hu.n.t. Unresolved questions remain regarding the �ypes o� firearms to be used, the experience and quali�ica.tions o� those who will conduc�. the hun,t and the manner in which it will be conducted. We will fallow up with Mr. 0`Connell prior to Tuesday to hopefully provide answers to �hese questions. ACTTON RE4U2RED Discuss with representatives from Mendakota Country Club their �.--� goose control options and determine whe�her or not a firearm discharge permit is warran�.ed. � MTL:kkb � �� / 2075 Mendakota Drive • Mendota Heights, MN 55120 • 454-2822 December 1, 1992 Mendota Heights City Council Mendota Heights, MN 55120 Dear Council Members: As a member of Mendakota Country Club and directed by the House Committee, I'm requesting a hunting permit in the quest of eliminating the continuing damage being done on our golf course by the increased goose flock. I have been in contact with the DNR and have obtained their approval Sincerely, . -}' t✓Y � j%l�Yvwu'f �J John 0'Connell � ��.. _ .... STATE a� U`;JUV����Q . DEPARTMENT {�F NATURA�. RESC}URCES PFIONEt�t4.{ 6? 2 j 4�#5-�3�3 I�lOV�fi�}@T' 2, l�� � FIlENO. tirea wiidii�e uz�ice .i18 South ruiler Stre�t #3 S.naizopee, i��rv 55,�7y . Jahn G'�anneii � "s.3 ivv �,�ne .� agan ��ii� 5 5�. 2 3 �ear i�ir . 0' Connei �i : � lnis is in respon�e to vaur teiepnone caii a.iert.ing me tca probiems o� gaose averpopuiation an the i�iendakota Gauntry Ciub in Iriendora r�eigh-Cs. Yau i31Ci121Z`£'C� aqout tne pas�ibi3ity az conciucting a goose �'''�'` nu.nt or "�hoa�" an the cauntry ciub at tn.e eariiest poss3bie time. in generai t:ne �s�R wouia su�port the opening oi any t�resently closeci nunting areas in �cn.e l�etropo2itan Goose Zone. it is our gaai to at ieast controi the expan��an of this goose fiociz by hu,nting ar trapping and removal. xs you are aware, the :nun�ing aption wouid 'ae at tne discretion or the �a.ty of Mendata Heights. �au wouid have ta eonvince them of tne safety oi the hunt anci of tne .iow probabiiity of naise nuisance pro�iems, i am aware of two otn.er propa�ed ar �.ctual galf course nunts. aiympic riills Golf Club in Eden rrairie proposed suci�. a h�a.nt far members in 1987. The proposal was supported iay �ivn an.d was ar�praveci once by tne �ity Counci.i . Club management • wi�hdrew the reauest at a heated pu.blic informatian meeting. They subseau.entl.y cantracteci far goose remova.i by tne university. ahe Los� Spur �atzntry Cxu.i� 5.n �.agan repor�eciiy had a limite� hu.n.ting program 3 ta 4 years ago. I arn to,icc that �khis was di�scon�inuea arter one year. � wouici suggest that you contact the management of these two clu.bs ta gain t:ne peneiit ar their experiences. Lnciased a.s an article on Glympic iiilis frotn an animai protection group's newsletter. T�ize lwin Cities Metro �oase Zone hunt3ng seasons are 5ep�ember 1- IG and irecember i5 - 24 this year . ihe daily' and passession iimits are � and 8, respectiveiy. Regulations pronibit taking within 100 yards of sv.rface water. However, if that is a prablem, DI�t� cc�u.ld is�ue special reguiation� exempting your site, tirne permitting. Fiunting shoul.d be managed to prevent "burning out":the area in a snort time. I can advise you. on nunt management tec:nniques, The data which we have coiiectea an th.e special September an.d December nunt� inriicates tna;� nearly a31 of the qirds ta�en are Twin Cities metro geese. Geese �aken on your area in %ecember may or may nat incluae geese breeding on your cluq, but it wiil certainly incluae geese which breed in other Iocal prablem areas. �e�pite undocumen�ed assertior�s by animal protectian.�groups, DNR has ver�r gaod evidence that huntin.g and goose removal programs will effectzve3y reduce loca3 goose populations if contined on a regular ba�is. ARi EQUAL OPPORTUNlTY EMP�OYER 3onn G'Gonneii Ilovember 2, 1992 rage 2 �nciosed i� a summary of the trapping and reiocai�on program wnicn is done by �r, 3ames Caoper o� the universiry of �innesota. According to nis assistant, Bab �•ashingbauer, a�eckbanding study indicated that geese an your ciub do nat use the �ietropalizan �lirpart runway� . �i�nus i t is uniikelv tnat �T..A. C. would r"unci gaose removal. ahe unaversty is curren�iy doing �ummer qoose removal an Uun uiub and �ne3iing Lakes in rienciota rieigi�.t�. �ccarding to a survey ctane �his summer, there were 53 qosiings and 2u breedinq geese on you� ciub. �i•i�e a�.nuai cost to yaur c.iuo or z:r±e c;ity wau3d be about �1,u�u per year for zhree to four years. I�fter that time, remo�val wouid be done on an "as needeci" basis a� approximately tne �� �-�- sarne annual cost. lhese maintenance remavals wouia s�e done every two �o r"our years, dependizzg on your taierance oz geese. If you do not an_�icipate being abie to fund this iong-term program, tn.ere is no reasan t� ga any xurtner. S ' ncere' , , �on .�ar�er, �rea wiidi�ie :�?anager cc: t�.oger :rohnson, Kegionai i�ilcilife Manager Tom isley, wiidiife c�t�erations N3anager i�r . James Cooper , ti-i�i wp5i�jon�goosmnd.amg r CAIvH�k ��OS� i�k�Ylh� H1Vll ��LG4�11U� rK�G�HI� ' under ��n �aiicy, i�t is up to tne discrefiion af �he City ta determine a 1 i for., and to implernent Ganada goose cantral measures, if nece�sary. There �re t�o.cnoice� current�y pos�ibie ior goase popuiatian cantral. One is ta a�en specific areas in the city to a speciai goose hunting season. ahe other is t contract with the ��iversity of �znnesota for gaose trapping and remavai. if your c�ub.wishes to investigate the passibiii�y o� goase trapping ana trans3ocazing starting �une i993 or 3ater you should con�act �r. �ames Goo�er university of Minneso�a Lept. of Fisheries and wildiife, 2G0 Hodson naii, i9� F�olweil xve.. St. �aui, iY�inne�ota ��iu8. �none= �32-624-122� or �ao ra�hingbauer, at the same adaress, phone: 612-62�-5742. It may be tao iate �� inciude yaur city �n tne goose �o�uia�io� conzroi program this year. it is aiso possi�ie tnat tne program is unabie to accomoda�e more tirapping si�es a� tnis time. ���e ste�s reauire� in tnis process are as foiiows: i. vetermine pro�osed zarget goose papuiatio� reduc�ion ievels v�a discussions wit� city re�idents, �eed�acK zram �xess caverage, et{c�.'i�i�y 2. �ola a�u�lic meeting ta expiair program an� obtair_ a�c3tia�ai in�u� on acce�taoie po�uia�ion ieveis and reductian �racedure� (City, university, �epartment o� �atural Resources, u.S. rish ana �ildiife Service, li.S. �epartment �f Agriculture). 3. kscertain goose pop�latian si2e and aistribu�ion (universityj. �. O��ain sta�e ana �eaerai permits t'.university}. S.�Gap�ure and ship b�rds funiversity with coaperatian of ��n ana u.S. �epar�men� of Agricuiture). . n. rionitor popuiafiion� to determine addi�ionai removai %university}. 7. Conauct additionai removai as neeaed under cantract. �he services pxovided by tne liniversity inciude design af the removai program, pubiic hearing par�icipation, answering technical questions an gaase ecoaogy and management, numane and prafessional remaval of pro�Iem geese, coardination of permits and bird di�posal via the �innesota Department oi Natural Resources, and eva3uation of the ef=ectiveness of the program. The cosr will range fram S7GG �o $iOGG per concentration site per year. These �unds cover saiaries for a crew of 6�niversi�y s�udents, transportation, and equipment main�enance costs. Capture and removal as done during �he faigntiess period,;ex�ending =ram the second wee� oi 3une ta tne �irst week af �uly. Because�tney have anly three weeks to do removal, crews and equipment needs mus� be.piannea in advance, therefore, steps i and 2 shauid be compieted 'oy i ypril. Basea on qrevious research, we recammend a 4-year adult ana young removai �rograrn to reduce the �iock, =oiiavaed 'ay removais at three-qear interva3s ta maintain iow numbers. �an �arker. ��R Area ii8 S. ruiler Street Sha�opee M� 553?9 wp51'�gaosrem.waf �i�dlife �anager #3 . �none: {612} 445-9393 . J�• � ' � ' # • � f"�. �l ` Lt � r +�eese Saved At.t�lympic Hills by Mary Radcliffe When I read the articie in our Iocal newspaper of a gaose hunt which was to take place at a golf club in Eden Prairie: my f ir.st reactier. was :. , b? ur� vuz "t�ey've got to be kidding!" A hunt seemed an obviously outlandish and obscene solution to a goase nuisance prablem. The reactian and proposed solution to the issue played like the "bully on the black routine" - the nasty �eese were eating grass and defecating an course greens, Lhey were breeding, nesting, and in the height of the golf season - mid-summer - they were stucic at the course because their flight feathers had molted. When We moved ta Minnesota no one prepare� me for the fall gun ads in the Target sale riapers, let alone the possibility of an organized hu:zt taking p2ace down the block. We did, however, move into ttie area happily anticipating a lot of interaction with wildlife and we did get our wish. Deer, woodchucks, rabbits,� etc., all loved onr yard, ar sha7.1 I say, they l�ved the trees, shrubs and gardens in the yard. They found cverything del.ectable! (After a couple of seasans of tri.al and error, we are naw able to harvest the beans before any four Iegged creatures do, and the youn� trees and shrubs feel mare secure ab'out reaching maturity.) 1N THiS iSSUE � MN Reptiies� Amphibians ...... . .. . . .. . . . 2 FurProtest ............................. 3 Elk Up.date ............................. 4 Hazardous Chem�cals . . . . . . . . . . . . . . . . . . . 5 DogRacing ............................. 7 Whaling Update . . . . . . . . . . . . . . . . . . . . . . . . . 8 CanadaGoose . . . . . . . . . . . . . . . . . . . . . . Insert . iE :.�*- / i • f A.M*' y, -_ _ ♦��'��C'M���;����«' ! .. �rww.ic.r � � 4=7�=;r:: ��..�� .�;'�;'�:=.:�� �� . � � • . .:�� ;��� : .. �:�''.��--"," '• I did not know much about the habits of Ganada Geese, but I was abovt ta leaxn a lat. Being a"Zivingroorn activist", and not af the more visible variety, it is still amazing ta me that I did openly oppose the hunt at a City Council hearin,r,. I was ab1,e to fallow throu�h with my feelin�s af oppositian ta hunting in a constructive manner, thanks to the help Z received from FATE, and specifically from FATE member Fioward Gt�i dman. I was pu_t in touch with FATE through an acquaintance at work, who happened to mention one day that she had iought a deer hunting proposal in i'lymouth a cauple of years ago and won. She told me to cantact Howard through FATE. I found him Co be very suppartive and tcnawled,eable on haw to present a case before the city covncil. Hot�ard k�.lked me thraugh each step and informed ;,►e of City Council procedures and in genera:, what I cauld expect the night of the meet:.ng. I had never attended a local meetirg, sa I needed all the help I- could- get. Following his advice, I checkcd the city council minutes ta learn haw the members GEESE� conlinued on pe9a t0 � , aIEESE, c�nlinued Irom Ironf cover 1►ad voted on tl�e original hunt proposal, a.nd tried tv �ain insi�hts into wlio mi�,l�t or mi�lit not be sympa.thetic to our position. Altt�ough the proposal had passed unanimously, there weTe t�ao (of five) members who had expressed coTicerns about the l�unt - specifically: 1) safety issues, and 2) iaould the hunt� really solve the ;oose �roblem for the golf course. I found that the Dept. of Natural Resources (DNR) had proposed the hunt as a means of diminishing the resident flock and it was further backed by Dr. J. Cooper, of the University of Minnesota, who wished to conduct an experiment to see if a hunt aimed at a specific population of geese would be effective in permanently reducing flock numbers: This could be tabulated, according to Cooper, because he had banded large numbers of the geese at the golf club that summer (1986). The strategy now Has to offer to the Council non-lethal alternatives to hunting the geese in hopes of having the council rescind its earlier decision. Trapping and transplanting geese to government hunting reserve parks is a very common method of control in Minnesota. Cooper and a spokesman for the DNR had said, however, that transplanting was only possible for a couple weeks in the summer, while flight feathers were molting, and that time was now past. Also, these measures were costly and must be repeated three or four consecutive years for a ninety percent reduction of the flock, according to Cooper. (The DNR had planned to transplant the flock in 1987.) A study by The U.S. Dept. of Agriculture and the National Humane Society concludes that relocation of wat�erfowl is innefective for virtually the same reason that hunting is ineffective as a means of control - namely, other migrating geese and young birds will soon fill any hospitable site to raise and feed fheir young. The local�state agencies and nature centers could not offer any concrete data to help me in the�presentation, so I was very pleased that we had the Humane Society of the U.S. and the U.S. Dept of Agriculture letterheads to use on our handout to the City Council, and to be able to quote "our" panel of experts. Titles always impress me, at least a bit! I had heard tliat lJestchester County, �:'�w York� had its share of goose nuisance ":. problems and so I called the State Park Service and var;ious agencies. Finally I reaclied the office of Nuisance Birds and Animals U.S.D.A. The office sent me a packet. of information which was mailed to residents, at their request, to help them "goose proof" their own property. The packet contained several non-lethal ways of keeping geese out of areas where they were not wanted. The information from the HSUS mentioned several non-lethal alternatives not covered in the other packets - and as I had noted earlier, both groups stated that hunting and relocating were ineffective as a means of controlling waterfowl populations. I spoke at length with the Director of Data and Information at HSUS, Guy Hodge, whose insight and informati�ri "`` was to be the crux of the presentation. As time passed, I saw that I would need a lot of moral support the night of the City Council meeting, and probably someone to push me toward the podium, so I recruited my husband, Larry, to help deliver the presentation with me. I entered our names to speak at the next city council meeting and the same day began getting phone call from newspaper reporters. I found the calls very_upsetting. As I admitted before, I am a"closet" activist. (I know that it's a�conflict of terms!) Dealing with the press was the most difficult facet of the experience for me, and once again FATE stepped in With support and advice. My husband and I went to the meeting on a Tuesday and heard our names Ueing bumped off the agenda by a Council vote. We were told to come back on Thursday for the well- publicized "information meeting". I was very apprehensive now, wondering what was going on since`the "information meeting" was not an off�cial city.council meeting and members negd not everi be present - so how could the hunting proposal be rescinded?, The handful of concerned citizens at the meeting decided to call council n►embers and voice our�concern over due process. The mayor later stated that he would make the infdrmation meeting official and assured L that ther� would be a quorum present. (In the end, the members up for reelection were present!) GEESE, tonlinued on p�pe 11 � ��, Mendota Heights Police Department MEMORANDUM November 30, 1992 TO: City Administrator FROM: Police Chief �.j, � Subject: Goose Control P oblem I spoke to Gerald Murphy, manager of Somerset Country Club, about the problems they have had with the geese in the past. He states that they still have problems with geese, and that the numbers are increasing. The only permanent damage that geese do to the golf course is to graze the fresh grass in the spring. They eat the grass down to the ground and, in fact, destroy it. The most difficult time of the year for Somerset is in the spring before the ice is off the ponds. That gives the geese the mobili•ty they need to get out to the grass. The methods that Somerset has used to abate this problem�include charging and chasing the geese at every opportunity with golf carts. The geese become afraid of golf carts and leave whenever golfers are present. The technique that has worked best for Somerset is to line their larger ponds with stakes and hang a piece of two-sided reflective tape off eac� stake. The tape is red on one side and silver on the other. The wind twists the tape and causes it to shimmer, and this apparently frightens the geese. The net result is that the geese come in and land in the pond, but won't leave the pond because of their fear of the tape. Murphy did say that he can understand how Mendakota may have more of a problem than Somerset because of the large area of water located on Mendakota Country Club. Mr. Murphy did say that at one point, Somerset came to the Council and requested permission to use the live trapping method that the University of Minnesota speaks to in the enclosed letter. He recalls being at a Council meeting and having a number of irate citizens speak out against the trapping or hunting of geese. The geese can only be trapped at a certain time of year, when they are molting, �ind cannot fly. When Somerset received Council approval to trap and displace the geese, there were only four geese present on the golf course so it did not justify the tifie and expense. As a result, the taping and chasing methods were used and that pretty much has controlled the problem up until this point. Murphy is concerned that this spring may be bad for them because of the greater number of geese. � m CITY OF MENDOTA HEIGHTS Novemb 11, 1992 T0: Mayor, City Council and City Administ � FROM: John P. Maczko, Fire Chief SUBJECT: Self Contained Breathing Apparatus (SCBA) HISTORY- During the 1993 budget process a request was made for the replacement of 30 breathing apparatus at estimated cost of "��-'` $45,000. The need for the new breathing apparatus was due to new OSHA standards and regulations would require the updating of a major portion of our Self Contained Breathing Apparatus (SCBA). OSHA standards over the last year and half have changed, requiring that there be a higher flow of air available to the firefighters when they are working. To meet this standard a substantial dollar investment to upgrade this equipment will be required. In June, 1992 a committee of firefighters was established by me to research breathing apparatus that is currently�available. The purpose was to evaluate our current SCBA and recommend a course of action that would meet the department;s current and future needs. The committee did excellent research and evaluation on our current apparatus and other breathing apparatus on the market. They developed a report (see attached) that addresses the evaluation process. As they mentioned, it was decided early on, that there was some major problems with the breathing apparatus that we currently have. Fourteen units would require upgrades. It was researched and found that many of these fourteen have already been upgraded at least once and most of them two or three times. The units were also very heavy and not very comfortable to wear, contributing to back problems during firefighting operations. The committee decided to look at other brands of breathing apparatus and current technology.; After this evaluation process they have determined that a new brand of breathing apparatus manufactured by MSA�meets all the needs. The committee's reasons and recommendation is addressed in their report. After reviewing the committee's recommendation the officers of the department discussed the report and options. The officers and myself agree with the committee's recommendation to purchase MSA Self Contained Breathing Apparatus but recommend�that 25 units be purchased. Thi�s would replace the current compliment. FINANCING During the 1993 budget process it was recommended by Treasurer Larry Shaughnessy that if at all possible he would like to purchase as many units as possible out of the 1992 operating budget. In the 1992 budget, $5400 was allocated to replace 4 of SCBA units and �4100 was allocated for upgrading half of the existing units. In addition $3300 was allocated for a hazardous materials contract with St. Paul. This money will not be spent in 1992, the State will provide Level II Hazardous Material Response Teams. The above expenditure savings amount to $12,800. Fourteen of the old units should be traded in towards the purchase price which equal a credit of $1750 and the remaining newer units should be sold "as is" through advertised bids estimated value of $3,000. This would leave $14,874 that needs to be funded. It i�""`�'` anticipated that because fire calls are down this year that the remaining $14,874 would also be available from 1992. This will be verified with Shirley prior to the December lst meeting. RECOMI�NDATION : It is the recommendation of the Executive Board of the department that the following equipment be purchased from Minnesota Conway (see attached quotation). Due to a special offer they are able to offer us better prices than were available through the Minnesota Department Purchasing Consortium. 25 MSA NIl�lR Breathing Apparatus 10 Extra Masks @ $125.00 each 4 Carrying Cases @ N/C = 20 Face Piece Protection Bags @ $1235.00 each = e @ $14.95 each = $30,875.00 1,250.00 .00 299.00 TOTAL AMOUN'r = $32,424.00 It is further recommended that the newer self-contained breathing apparatus be sold through advertised bids through the Smoke Eater and other fire service publications, as these do have a resale value estimated at $300. The remaining 14 self contained breathing apparatus should be traded in with a value of $125.00 each towards the purchase price ($1750.00). The total expenditure for this equipment would be $30,674. ACTION REQIIIRED• Should Council concur with the recommendation they should pass a motion authorizing the purchase of the self contained breathing apparatus from Minnesota Conway Fire & Safety for the prices shown on the attached quotation. The Council should also authorize advertisement for the sale of 10 Scott Self Contained Breathing Apparatus with a minimum bid of $300. JPM: dfw !� Recommendation For Purchase o# SCBA for the Mendota Heights Fire Department .. : Members o# Mendata Neights Fire Department established a committee to review fhe current SCBA's used by our Fire Department. Reasons for looking at new SCBA's are as follows; current units da noi meet the new NFPA standard of f[owing 100 iiters of air per minute {our Scatt SCBA's only flaw 40 liters per minute). Current units have been up graded approximately 3 times , and further up grades are impraciicai as our units are out dated. The committee also loaked at high pressure and felt at this time it was unnecessary and cast prohibit. '- � ' •�• . Propasals were received fram the following vendors each representing a different SCBA manufacturer: Minnesota Gonway. representing Mine safety Appliances {MSA} Eddy Brothers. representing International Safety Instruments (ISI) Metro Fire equipment. represeniing lnterspiro Elvin Safety. representing Scott Continenta! Safety. representi�g Survivair . A comparisan of maintenance, serviceability, number of parts in the complete units, and years in business of the company and warranty information were made. Field Testina Each vendor was to submit one SCBA unit for use by the committee. Ail vendors left us a SCBA to try. Except far Survivair, time and logistics did not permit us ta test the units under actual fire fighting canditians, Hawever drills conducted in the fire station proved to be enlighting for the firefighters. Members ot the committee tested each unit. The same tests were perfarmed on all units. Prefence after testing was heavily weighed in favar of the MSA MMR (Mask Maunted Regular), Reasans given for the MSA {MMR} areas are as tallows: • 1} No fogging while wearing face piece. 2) Overall comfart af wearing SGBA. 3} Ease of donning and use. 4) Low air alarm (Bell) 5} DurabiEity of construction 6) Fully Wrapped Composite air tank Overall ranking established #he fallowing order of most favorable ta leas# favorable: MSA, ISI, lnterspiro, Scatt: . Analysis o# �CBA uni�s After reviewing al1 units the fo((owing items were noted. Interspiro unit did not have fhe ability to remove #he regulatar from the face piece on the fire ground. While easy to separate the twa, it is not fire ground friendly. MSA and Interspiro affered an all-inclusive 5 year warranty, ISl offered a 3 year warranty. ISI and Int�rspiro'offer one size face piece; MSA offers 3 sizes small, medium, and large. ISI and Interspiro low air alarms are a high pitched whistle. ISI states theirs has a chance of freezing up in cold wea#her, Interspiro has a cover aver the whistle so it will not fteeze up. MSA i� --� has a bell as a alarm. When sounding, the vibration is also felt thru the unit anto the body. To put MSA regulator on mask you line up regulator, push on,and take a deep breath. To put on the ISl you line up regufator, then i14 iurn to ttsrn on air. For Interspiro, put the mask to the face and take a breath. The Scott was very difficult to use, the committee felt. All vendors offered maintenance training at our station. Cornpany historx Minnesota Conway is lacated in Edina and has been in business for several years and our dept. daes business with them on a regular basis. � Eddy Brothers is run by two retired St Paul fire fighters, is located in the metro areas and has also been in business for several years, Metra fire equipment is (ocated in North Branch, is new to this industry, but has manufactured and sold fire trucks far a number of years. Elvin Safety is located in Eden Prairie and primarily sells safety equipment to local industry Continental Safety is located in Eagan and primarily sells safety equipment ta local industry. All units are NFPA compliant and NIOSH approved. ISI and Interspira proposed hoop-wrapped air cylinders, Each also included a cost increase if fully wrapped composife cylinders are desired. MSA oniy offers fully wrapped composite cylinders on their units. After some research we felt that fully wrapped composite cylinders should be purchased. d i ' '- • •. • After inspecting SCBA units, meeting with various manufacturer's representatives, and review by committee members, our recommendation is the MSA (MMR) unit. The Fire Department will need: 24 units with composite wrapped air cylinders 24 medium masks (MSA will come to your station to fit masks to firefighters). 4 hard box carrying cases While some of the other units have some features which the committee feels may be far superior to that of the MSA (MMR), overall we feel this is the best SCBA for the Mendota Heights Fire Department. Respectfully Submitted SCBACommittee Bill Lerbs, Ed Adrian, John Lapakko, Mark Kaufmann, Jamie Lerbs � Mine Safety Appliances Company Chicago District Sales Office � 1000 Nicholas Boulevard Elk Grove Village, IL 60007 Telephone: (708) 439-7474 October 29, 1992 N�ndota Heights Fire Depari�it Chief John Maczko 2120 Dodd Road Mer�dota Heights, Minnesota 55120 Telefax:(708) 439-7496 1-800-MSA 2222 After hours, emergencies: 1-800-MSA-5555 SUBJDCT: 4500 psi or higher Self Contained Brea.thing Apparatus ,,,,,__,. for the fire service Dear Chief Maczko: Mike Larson, Minnesota Comvay, has asked me to address your concerns regarding whether NFPA or any other census group for the fire service will be prcamzlgating any future standards that would require using only high pressure, self contained breathing apparatus. In posing this question to MSA executives chairing the NFPA 1500 Personal Protective Frn�i�nent Group, our Standing Member of NFPA 1981 Self Contained Breathing Apparatus C�nnittee, and our Standing Comnittee Member of the ANSI C�mittee on Cc��ressed Air C�linders, I received "absolutely not" responses. Please be assured., there is no mr�vem�nt afoot to change the pressures allowed on self contained. breathing apparatus, (currently ranging fran 2216 psi through 4500 psi). Yes, there is a lot of work being done to reduce the weight of the cylinders which carry your self contained breat-hi„� apparatus air, but to date, the Depart�neazt of Transportation, the govern�ng body for the production and licensing of ccanpressed vessels, has yet to award any n�a approvals for ccenposite or carbon wrapped cylinders. • Please be assured the self contained breathing apparatus, being offered you by Minnesota Conway, meets the current NFPA 1981.1992 standard. Should you have further questions or need further clarifications on these c�nts, please feel free to contact me at the above phone rnmiber. Sincerely yours, NlINE SAFEI'Y APPLIANCES ���� G���;��t�'-� DAVID G. ANDERSON DISTRIGT MANI�GER cc M. Larson (Minnesota Corxway) D. I�azick (MSA) F1700 - . � M5A. Warranty �r 1 � -1 �' �� f�� r '�� a�li � i.y r ). �.. , . ., , 't=� 1 :a � �i. ti t �r N t s r �.r' . . . . .. , � . , • � . � ' . . �. � MSA SC�3A WARRANTY i. Warranty---Selter warrants that this product will bc free from mechanical defects or Caulry woficmanship fot '� period of five {S) years from date of shipment provided it is maintained and used in accoc�ancc with Sei2er's in- swctions and/or r�commeridations. This warranty cioes not appty W expendable or consumable parts whase nor- mal life expectancy is less than one (1) ycar.'Ii�e Se11er shall be released f�rom all obGgations under this wacranry in the event repairs or madi6caeons ane made by persons other ti�an its own or autiiorized scrvice personnel or if the wanranty ciaim resutts from physical abuse or misuse of the praducG Na agent, empioyec ar representative vf the Seller has any autharity ta bind the Seller ta any af= Cumation� regresentation or warrAnty concerning the goods sold uniler this contrac� Sellcr makcs no warranty conceming camponents a accessories not manufactumd by the Seller, but will pass an w the Purchaser all war- ranties of manufacturers of such components. 'Iws wAR- �urrn zs nv u�u oF ,�t.t.. o�t watu�,�.xr�s, Exrt�ss, A�LIED Oit STATUTORY, AND IS STRICII.Y LIIv{TfED 'I�0 THE 'IEttMS HEREOF. SELI.ER SPECIFICALLY DLSGtJ�JMS ANX WARILANIY OF MERCHANTABti.FfY OR OF FTiNBSS POR A PARTTCULAR PtJRPOSE 2.Exclusive Remedy—It is expressly agreed that Purchaser's sote and exctusive remedy for breacfi of thc above warranty. for any toctious conduct of Se11er, or for any other cause of action, shall be the repaiar andJar re- placement, at Seller's option, of any equipment or parts thereof, which after ezamirtauon-by Seller is proven w be de[ective. Replacement eq�ipment andJor garts will be provided at no cost ta Purchaser, F.O.B. Seller's Plan�. Failure of SeUer to successfully repair any non- conforming product shall not cause the remedy estab- lished hereby to fail of its essendaJ purpose. 3. Exclvsion of Conseqnential Dameges—Purchaser �peciCically understands and agrees that t�nder no cir- cumstances will seller be liabie to pnrchaser for e�onomic, special. incidental t�r consequentia! damages or losses of any kind whatsoevcr, including bui noi limited w, Idss af anticipated profits and any other loss causecf by neason of nonoperadon of the goods.'This ex- clusion is appiicabie to cLaims for breach af wamanty. tort3oas conduct or any other cause of acdon against seller. �It'SA _ , i ' . ± • � �J rn���nncsoirn con����� � ����c � Sn�cir��r COMPLETE PROTECTION FIRE & SECURITY 4565 West 77th Street • Minneapolis, MN 55435 •(612) 893-0798 C� U Ot�1t i O Il T°: r � uotation MENDOTA HEIGHTS FIRE DEPARTMENT � 2120 DODD ROAD MENDOTA HEIGHTS , MN 5 512 0 MARK FOR: ATTN: SCBA COMMITTEE L J DATE: OCTOBER 28 , 1992 F.O.B. MENDOTA HEIGHTS FIRE DEPT a> --� MSA SELF CONTAINED BREATHING APPARATUS —(MMR) MASK MOUNTED REGULATOR UNITS (24) #801295 MSA MMR SELF CONTAINED BREATHING APPARATUS UNITS COMPLETE WITH 30 MINUTE RATED (2216 PSIG) FULLY,WOUND COMPOSITE II CYLINDERS AND FACEPIECES COMPLETE WITH NOSECUPS, LESS CARRYING CASES $1,235.00 EA./$29,640.00 NOTE: TRADE IN OPTION � FOR EACH SCOTT REGULATOR ONLY, TRADED�IN WITH ABOVE PU•RCHASE, MSA AND MINNESOTA CONWAY FIRE & SAFETY WILL SUPPLY ONE ADDITIONAL MSA MMR ULTRALIGHT FACEPIECE COMPLETE WITH NECKSTRAP AND NOSECUP OR CREDIT ACCOUNT $125.00 FOR EACH SCOTT REGULATOR TRADED IN, WHICHEVER YOU WOULD PREFER. EXAMPLE: PURCHASE (24) #801295 UNITS AND TRADE—IN !24) COMPETITIVE SCOTT REGULATORS ONLY. YOU WILL RECEIVE (24) SCBA UNITS COMPLETE WITH (48) ULTRALIGHT MMR FACEPIECES COMPLETE WITH NECKSTRAPS AND NOSECliPS. (CONTINUED TO PAG� 2) - (PLEASE REFER TO PROPOSAL NO. WHEN ORDERING) CONDITIONS OF SALE: We appreciate this opportunity to quote you We shall furnish only the equipment shown on the quotation and thank you for your inquiry. for the price quoted. Any additional equipment needed to meet - speciflcations shall be charged for in accordance with our original quotation. MINNESOTA CONWAY FIRE & SAFETY, INC. PRICES: subject to change without notice BY: ' ! r { ,= � � < S '� , � rn���nncsoirn con�n��r �ii�c � sn�c����r COMPLETE PROTECTION FIRE & SECURITY 4565 West 77th Street • Minneapolis, MN 55435 •(612) 893-0798 C� l.� Ot�t I O f1 T�:� � uotation MENDOTA HEIGHTS FIRE DEPT. � ATTN: SCBA COMMITTEE MARK FOR: (PAGE 2) L DATE: MSA ACCESSORIES J F.O.B. MENDOTA HEIGHTS FIRE DEPT,... _.1 #454819 - MSA SPECTACLE KITS FOR ULTRALIGHT MMR FACEPIECES „ $27.00 EA. (4) #475441 - MSA MMR ULTRALIGHT CARRYING CASES ONLY N/C #6162 - MSA MMR FACEPIECE CARRYING BAGS $14.95 EA. #486947 - MSA MMR FACEPIECE E-Z DON HARNESSES $26.00 EA. WITH EXCHANGE OF 5 STRAP HARNESS $17.00 EA. (3) #34337 - MSA SANITIZER CLEANER, (12) PACKAGES IN EACH N/C SPECIAL OFFER • MSA AND MINNESOTA CONWAY FIRE & SAFETY WILL FLO TEST ALL SCBA UNITS ANNUALLY FOR FIRST TWO YEARS AT NO CHARGE. DELIVERY CAN BE EXPECTED IN DECEMBER OF 1992. THANK YOU. SINCERELY, � L��zso.-( MIKE LARSON SALES REPRESENTATIVE (PLEASE REFER TO PROPOSAL NO. WHEN ORDERING) "'�NDITIONS OF SALE: shall furnish only the equipment shown on the quotation .ne price quoted. Any additional equipment needed to meet specifications shall be charged for in accordance with our original quotation. PRICES: subject to change without notice We appreciate this opportunity to quote you and thank you for your inquiry. MINNESOTA CONWAY FIRE & SAFETY, INC. 8 i. __/ �� 7.T. ]O ��?_ n/Y . - , �'h CITY OF MENDOTA HEIGHTS MEMO November 24, 1992 T0: Mayor, City Council and City Administ . FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Sewer Rate Increase DISCIISSION Earlier this year, with the outlook for a ma.rginal break-even operation in 1992, plans were made for an increase of 10 percent in the sewer user charges. The increase was deferred in anticipation of a refund from the MWCC. When the refund was made, it was about 1/4 of what was anticipated, and sewer utility operations have continued at a marginal rate. � Our anticipated billing for 1993 has now been received, and as • expected it is some 15 percent higher than the current year. In addition we have been advised by MWCC to anticipate a considerable (14 percent) increase in our final 1992 billing due to high flows in the wet weather. Based on these figures, we can anticipate an increase of about $13,000 over our projected 1993 budget with an additional increase for 1994 of about $120,000 in 1994. Based on the anticipated increased charges from MWCC, we should consider a minimum increase in sewer rates of 10 percent as soon as possible, with the expectation that a year from now a further increase of about 15 percent to 20 percent will be necessary. Our rates have remained unchanged for 5 years, and most of our neighbors have rates in excess of those we charge and are cu"rrently planning an increase for �.993. ACTION REQIIIRED Consider and adopt Resolution No. 92- , RESOLUTION SETTING SEWER RENTAL CHARGES FOR SINGLE FAMILY DWELLINGS, MULTIPLE DWELLINGS, AMENITY STRUCTURES, SCHOOLS, CHURCHES, PUBLIC BUILDINGS, COMN�RCIAL AND INDUSTRIAL USERS. LES:kkb n NEIGHBORING SEWER R.ATES Inver Grove Hts - $1.9/m gal West St. Paul West St. Paul Proposed � South St. Paul - $2.32/m gal ' St. Paul - $2.44/m gal St. Paul Proposed Mendota Heights - $1.46/m gal Mendota Heights Proposed - 1993 - $1.60/m gal M� e � 20 cef 30 cef 15,000 gal 22,500 gal $32.10 $48.35 $29.50 $29.50 $36.00/$38.00 $36.00/$38.00 $34.80 $52.20 $36.60 $54.90 (Up to 20 percent over 18 months) $26.00 min. rate $37.99 (Avg. User Rate) $29.00 min. rate $45.00 (Avg. User Rate) 9 � aw.. . � August 25, 1992 Metropolitan �Vaste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 Ms. Kathlesn Swanson 1101 Victoria Curve � Mendota Heights, MN 55118-4].67 Dear Ms. Swanson: � 612 222-8423 • ;, The Commissian has jus�. comple�ed a mid-year review af the actual 1992 ilows as compared �.o the 199� estirna.ted flows. The Cammission s�»� -� ' prepared the 1992 estima.ted flow for the city in March of �990 following three years af dry weather c�pnditions . Since t�hen the rainfail conditions have changed, 1991 had a near record rainfall and thus far in 1992, the rainfal2 a.s above normal. '�he Commission tries.ta estimate flaws based on normal rainfall� conditions. Historical.ly, the city`s �low� have generally �een higher when rainfall is above normal and lower when rainfall is below,narma2. .Ano�her Eactor contributing to a flow inerease may be an 'underes�imation of growth within the community. Based on measured flows through July, it is anticipated that your total year end flow for 1992 will exceed the estima.ted f].ow by appraxima�.ely 14 percent. This assumes that the rainfall conditions through the end of the year wi3,l continue at a normal level. This would result in an underpayment of appraximately 14 percent for 1992. The un.derpayment woul.d be carried forward and added to the 1994 cost allacation. . The Commission is providing this info�matzon to you at this time �o ailow the City time to u�i�.ize this informa�ion during your rate setting proce�s. Sf you have any�questions in this regard please call. Sincerely, ��i�� cicct� Cs .. U � Gordon O. Voss Chief Adminis�rator GOV.CRP:jmb MendotaHeights Equal OpportunirylAffirmative Action Employer .-�, ..,_ .� .r.. . CITY OF MENDOTA H�IGHTS DAKOTA COUNTY, MINNESOTA RESOLIITION NO.• 92- RESOLIITION SETTING SEWER RENTAL CHARGES FOR SINGLE FAbIILY DWISLLINGS, MIILTIPLE DWELLINGS, ANlENITY STRIICTQRES, SCHOOLS, CHtTRCHFsS, PIIBLIC BIIILDINGS, CONIl�RCIAL AND INDIISTRIAL IISERS �PHEREAS, Ordinance No. 803 provides that the sewer rental charges for the use of City municipal sewer system by and single family residence, duplex, school, church, public building, multiple family dwelling, commercial or industrial user shall be determined from time to time by Resolution of the City Council; and ,�,.. __� WHEREAS, it is desirable that users pay on the basis of sewage generated; and WHEREAS, a portion of the Mendota Heights real estate tax is levied to supplement the operation of the City's utility system, and this portion of the tax averages approximately 14 percent of the sewer service charge. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the following schedule of sewer rates be established: I. Single Family Residence, including Townhouses with individual sewer and water services: A. Dwellings served by a central water system: (i) A minimum of $29.00 per quarter shall be charged for water usage of 20 100 cubic feet or less: (ii) Water usag� in shall be at the feet. For the 100 cubic feet U.S. Gallons. excess of 20 100 cubic feet rate of $1.20 per 100 cubic purposes of this resolution, shall be deemed equal to 748 B. Dwellings served by on-site, individual wells shall pay a flat charge of $29.00 per quarter. C. Dwellings with a roof drain, foundation drain or sump pump connected to the municipal sewer system shall pay a surcharge for such use equal to a minimum charge of $29.00 per quarter. � II. Residential Complexes, including Multiple Dwellings, Duplexes, Townhouses, Apartments, Condominiums and Amenity Structures with less than one sewer and water service per dwelling unit: A. $29.00 per dwelling Unit per quarter, or B. $1.20 per 100 cubic feet of water used in the immediately preceding December, January and - February quarter, whichever is larger. � III. Commercial, Industrial, Church, Public Building or School: A. Sewer rental shall be based on water used during the previous quarter. The rate applicable shall be aS f011ows: ,�►.. _.a 1. Sewer users with metered water supply: - (i) $1.20 per 100 cubic feet of water used,�billed quarterly, based on previous quarter water use. The minimum quarterly c,Y}arges for such use shall be as follows: - Water Meter Size 3/4" and sma.11er 1" 1 1/4" 1 1/2" 2 �� 3" and larger Quarterly CharQe $ 48.00 $ 56.00 $. 76.00 $150.00 $300.00 $600.00 2. Sewer users not having metered water will be charged according to the following schedule`: Private Pump Required �ater Capacity Gallons Serviced Meter Per Minute Size Ouarterly CharQe 0-10 11-30 31-50 51-75 76-100 101-200 201-400 401-600 over 600 5/8 inch 3/4 inch 1 inch 1 1/4 inches 1 1/2 inches 2 inches 3 inches 4 inches 6 inches ' $ 100.00 per quarter : $ 100.00 per quarter : $ 137.00 per quarter $ 172.00 per quarter $ 234.00 per quarter $ 475.00 per quarter $ 950.00 per quarter $2,013.00 per quarter $4,376.00 per quarter ' `i. B. Commercial, Industrial, Church, Public Building or School sewer users, whose water is metered may be petitioned for adjusted billings if satisfactory evidence indicates that less than 90 percent of water used is discharged into the sanitary sewer. IV. Sewer service outside corporate limits of Mendota Heights. A. Those rates applicable to the uses described above multiplied by 120 percent. . � , c � BE IF FIIRTHER RESOLVED, that the foregoing sewer rental charges shall be effective with the January 1, 1993 billing, or upon the original hookup to the City 'municipal sanitary sewer system, whichever last occurs. Said sewer rental charges shall be payable quarterly for each of the quarterly periods ending March 31, June 30, September 30 and December 31, of each year. In the ,�,. �,, case of a connection to the municipal sewer system occurring during a quarter, the quarterly charge shall be computed from the date of such connection. Payment of such rental charge for each quarter shall be made to the City by the twenty-second day of the month immediately following the last month of the quarter. BE IF FIIRTHER RESOLVED that Resolution No. 87�12, adopted on February 3, 1987, be and the same is hereby rescinded in its entirety. � Adopted by the City Council of the City of Mendota Heights this 1st day of December, 1992. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor m ! � T0: FROM: CITY OF MENDOTA HEIGHTS MEMO November 25, 1992 Mayor, City Council and City Administr Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Bond Sale -$710,000 Park Bonds - $1,470,000 Improvement Bonds DISCIISSION On October 20th the Council approved the receipt of bids on December lst for the proposed Park and Improvement aonds of 1993. Bids will be received prior to the Council meeting and will be tabulated for Council approval on Tuesday night. ", As a point of information, several months ago Moody's Investment Service downgraded the rating of Independent ScYiool District No. 197 by three grades. At that time we felt that we would be lucky to limit our rating reduction to one or two grades due to guilt by association. We began a lobby effort to persuade Moody's otherwise, with the hope of limiting any.reduction. We have been advised that instead of a reduction, our rating has been upgraded to "AA". This places us in an elite company of the top nine percent of Minnesota communities. In Dakota County, only Burnsville and Eagan are AA rated. We are probably the only community in the State with a population of 10,000 in this category. ACTION REQIIIRED Adopted Resolution Nos. 92- and 92- , Accepting Bids for the Purchase of the Bond Issues and authorizing the issuance of the Bonds. " • LES:kkb �� � . �� � �Z`�Z �,� . �. � ,� s� ��� ��� � �'� 5�,,,,.� S. g� � c� � a ��, 6.2S /a �.�.�,. --v� �,��s �2- �s -s -o �,�r , � �,",�- . � � 4 'S.:o s- �-' �' 6. 05 % �� � �Z - � � � aa.. .. � . The Council then proceeded ta consider and discuss the bids, after which member ' introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $1,470,�00 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1992, PROVIDING FOR THEIR ISSUANCE, PLEDGSNG FOR Z'�iE SEC'URITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR TI3E PAYMENT TIiEREOF A. WHEREAS, the City of Mendota Heights, Minnesata (the "City��), has heretofore issued $1,930,000 General Obligation �mprovement Bonds of 1978, dated May 1, 1978 (the "Prior Bonds��); and B. WHEREAS, $865,Q00 in principa3 amount of the Priar ,,,..w..� Bonds which mature in the years 1993 and �hereafter are subject to redempti.on and prepayment at the aption of the City on February 1, 1993 at a price of par plus aacrued interest as provided in the resolutian of the City Counci.l, dated May 2, 1978 autharizing the issuance af the Prior Bonds (the "Prior Resalution"); and C. WHEREAS, the City Cauncil deems it desirable and in the best interests af the City ta cail for redemption and prepayment all of the Prior Bonds which mature on August 1, 1993 and thereafter on February 1, 1993 in accordance with the Prior Resolution in arder to reduce the debt service costs to the City; and • D. WHEREAS, in addition to refunding the Prior Bonds, the City Council has previously authorized the construction of various public improvements (the "improvements") and must obtain the necessary funds to finance the same; and - E. WHEREAS, the City Council has here�ofore determined and declared that it i� necessary and expedient to issue $1,470,000 General Obligati.on Improvement Bonds o�' 1992 af the City, pursuant ta Minnesota Statutes, Chapters 429 and 4'75, to finance the construction of the Improvements and to provide funds to pay on February 2, 1993, all of the City's Prior Bands which then remain outstanding (the ��Refunding"); and F. WHEREAS, the Improvements and the Refunding are hereinafter collectively referred to as the "Project"; and G. WHEREAS, the Improvements and all their components have been ordered prior ta the date hereof, after a hearing 229i53 2 thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and NOW, TIiEREFORE, BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesota, as follows: • 1. Acceptance of Bid. The bid of (the "Purchaser"), to purchase $1,470,000 General Obligation Improvement Bonds of 1992 of the City (the "Bonds��, or individually a"Bond"), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The Clerk is directed to retain the deposit of said bidder and to 'a`~�J forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Titie; Oriainal Issue Date; Denominatians; Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1992", shall be dated Decemb�r 1, 1992, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on August 1 in the years and amounts as follows: Bonds are rata share Portion"). paragraph allocated Year 1993 1994 1995-1997 1998 Amount $110,000 165,000 170,000 175,000 All dates are inclusive. Year 1999 2000-2003 2004-2008 2009-2011 Amount $185,000 45,000 20,000 15,000 3. Refundinq Portion of the Bonds. $ of the being issued to refund the Prior Bonds and to pay a pro of the issuance expenses of the Bonds (the "Refunding The following principal amounts set forth in 2 hereof maturing in the years set forth below are to the Refunding Portion of the Bonds: Year 229153 . 3 Amount The average maturity of�the Refunding Portion of the Bonds is years. 4. �uroose. The Bonds shall provide funds to �finance the Prajec�. The tota2 cast of the Project, which shall include all costs enumerated in.Minnesota Statutes, Section 475.65, is estima�ed ta be at least equal ta the amaunt af the Bands. Wark on the Tmprovements shall proceed with due diligence to .. campletion. The City cavenants that it shall do all things and perform all acts required af it to as�ure that work on the Improvement� proceeds with due diligence to completion and that any and aIl permits and studies required�under iaw far the Improvements are obtained. It is hereby foundj determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 5. Snter.est. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"j, aommencing August 1, 3993, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturi�y years as follows: " Maturity Year 1993 1994 1995 1996 1997 1998 1999 2000 2Q01 2002 Interes� Rate $ Maturity Year 2003 2004 2005 2006 200? 200$ 2009 2010 2aza. Interest Rate � 6. Redem,_ption. Ali Bonds maturing in the years 2002 to 2011, bath inclusive, sha11 be subject to redemptian and prepayment at �he option of.the City on August 1, 2003, and on any Interes� Payment Date tMereafter at a price of par plus accrued interest. Redemption may be in whole or in part of �he Bonds subject ta prepayment; If redemptian is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid firs�; and if only part of the Bonds having a common maturity date are called for prepayment, the specifia Bonds to be prepaid shali be chasen by lot by the Band Registrar. Bonds ar por�ions thereo� called for redemption shall be due and payable 229153 • 4 ��». .. 1 on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. • To e�fec� a partial redemption af Bonds having a comman maturity date, the Bond Reqistrar prior to giving natice of redemption shall assign to each Band having a common maturity date a distinctive number for each $5,000 af the principal amount of such Bond. The Bond Registrar shail then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned ta such�Bands, as many numbers as, at $5,Q00 for each number, shall equal the principal amount of such Bands to be redeemed. The Bonds to be redeemed shall be the Bands to which were assigned numbers so selected; pravidedr however, that only so much of the principal amount af ��.�1 each such Bond of a denamination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is ta be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City ar Band Registrar so requires, a writ�en instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereaf or his, her ar its attorney du3y authorized in writing) and the City shall execu�e (if necessary) and the Band Registrar shall authenticate and deliver ta the Holder oE such Band, withaut service charge, a new Bond ar Bonds of the same series having the same stated maturity and interest rate and of any authari2ed denominatian or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of �he Band so surrendered. 7. Bond Reqistrar. , in r , is appointed to act as bond registrar arid transfer agent with respect ta the Bands (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appainted, all pursuant to any cantract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar sha21 alsa serve as paying aqent unless and until a successor paying agent is duly appainted. Principal and interest on the Bands shall be paid to the registered holders (or record halders) of the Bonds in the manner set forth in the form of Bond and paragraph 13 of this resolution. 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the follawing form: 229153 • 5 9. Executian: Temgor� Bon.ds. The Bands shall be executed an behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of �he City; provided, however, that the seal of the City may be a printed facsimile; and • provided further that both af such signatures may be printed facsimiles�and the corporate seal may be omitted on the Bonds as permitted by Iaw. In the event of disability or resignation ar other absence af either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of 'such absent or disabled officer. In case either such officer whose signature or facsimi3e of whose signature shall appear on the Bonds shali cease ta be such o�ficer before the delivery o� the Bonds, such signature or facsimile shall: neverthe3ess be valid and sufficient for all purpases, the same as if he or she had remained in o�'fice until delivery. The City may elect to deliver, in lieu of printed definitive bonds,, ane ar „��_s more typewritten temporary bonds in substantially the form set farth above, with such changes as may be necessary to reflect more than ane maturity in a single temporary bond» Such temporary bonds may be executed with photocopied iacsimile signatures of the Mayor and Clerk. Such temporary bonds sha21, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. " � 20. Authentication. No Bond shail be valid or obli- gatory for any purpose or be enti�led to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the farm hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authenticatian on different Bonds need not be signed by the same person. The Bond Registrar shal2 authenticate the signatures af officers af the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date an which the Bond is authenticated, except that for purposes of delivering the orzginal Bonds to the Purchaserf the Bond Registrar shal3 insert as a date of registration the date of original issue, which date is December 1, 1992. The Certificate of Authenticati.an so executad an each Band shall be conclusive evidence that it has been authentiaated and delivered under this resolutian. 21. Regi.stration: Transfer; Exchanae, The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Band Registrar may prescribe, the Bond Registrar shall provide for the registration af Bonds and the registration o� transfars of Bonds entitied ta be registered or transferred as herein provided. 229153 13 Upon surrender far transfer of any Bond at the principal office af the Bond Registrar, the Gity shall execute {if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and de2iver, in the name of the designated transferee or transferees, one or more new Bonds of any authori2ed denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank ar in the name of "bearer" or similar designation. Af the option af the Ho3der, Bonds may be exchangad for Bonds af any authorized denomination or denominations of a la.ke aggregate principal amount and stated maturity, upan surrender of the Bonds to be exchanged at �he principal o�fice of the Bond Registrar. Whenever any Bands are so surrendered for exchange, the Ci�y sha12 execute (if necessary), and the Band Registrar '�'""'` shall authenticate, insert the date of registration of, and del.iver the Bands which the Iiolder making the exchange is entitled to receive. AII Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly•cancelled by the Bond Registrar and thereafter disposed af as directed by the City. Al1 Bonds delivered in exchange for or upon transfer af Bonds shal2 be valid general obligations of the City evidencing the same debt, and entitled ta the same benefits under this resolution, as the Bands surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endarsed or be accompanied by a written instrument of transfer, in form satisfactory to t�he Bond Registrar, duly executed by the Holder thereaf or his, her or its attorne�r duly authorized in writing. The Band Registrar may reguire payment of a sum sufficient ta cover any tax�or other governmental charge payable in connection with the transfer or exahange of any Bond and any legal or unusual costs regarding transfers and iast Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar� including regulatians which permit the Band Registrar to close its transfer bool�s between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms af said agreement. 224153 14 12. Ri ts U�o� Transf�r ar Exchange. Each Bond delivered upon transfer of or in exchange'for or in lieu of any other Bond shali carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. � 13. �,,ere�t Pavment; Recard Date. Intereat on any Bond shall be paid on each Interest,Payment Date by check or draft maiied to the person in whose name the Bond is registered (the "Holder") on the registration baoks of the City maintained by the Band Registrar and at the address appearinq thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date {the "Regu2ar Reaord Date"). Any such interest not� so timely paid shall cease to be payable to the person who is the FIolder thereaf as of the Regular Record Date, and shall beR payable to the person who is the Holder thereof at the close of business an a date (the "Special Recard Date" ) tixed by the Etond Registrar whenever money ��.. .--� becomes available for payment of the defaulted interest.w Notice of the Special Record Date shall.be given hy the Bond Registrar to the Holders not less than ten (10) days prior to �he Special Reaord Date. 14. �eatment of Regis�ered Owner. The City and Bond Registrar may tr�at the person in whose name any Bond is: registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13 above) on, such Bond and far all other purposes whatsaever whe�her ar not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 15. l�g�. very; Application of Proceeds. The Bonds when sa prepared and executed shall be de3.ivered by the Treasurer ta the Purchaser upon receipt of the purchase price, and the Purchaser shall, nat be abliged to see ta the proper appla.cation thereof. - � 16. Fund a�}d Accounts. (a) $ af the proceeds of the Bonds shall be deposited in the Debt Service Fund of the General Obligation Impravement 8onds of 1978 Account heretofore created by the Priar Resalution for the Prior Bonds, which amount, together with all other funds held tberein is sufficient to prepay the autstanding Prior Bonds on February 1, 1993. (b} There is hereby created a special fund to be designated the "General Obligation Improvement Bonds of 1992 Fund" {the "Fund") to be administered and maintai:ned by the 2zgts3 15 Treasurer as a boakkeeping account separate and apart, from alI other funds maintained in the official financial records of the City. The F`und shall be maintained in the manner herein specified until all o� the Bonds and the interest thereon have been fuily paid. There shall be maintained in the Fund twa (2} separa�Ge accounts,.to be designated the ��Construction Account" and "Debt Service Account", respectively. {ij Construction Account. To the Construction Account . there shall be credited the proceeds of �he sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bands in excess of $2,455,UOt3, and less capitalized interest in the amount of $ (tagether with interest' earnings therean and subject to such other adjustments as are appropriate to provide suificient funds to pay interest due on the Bonds on or before i, 199_) , and 3ess any sums ,�,.. _.,, deposited in the Debt Service Fund for the Prior Bonds pursuant to subparagraph (aj above, plus any special assessments levied with respect to the Improvements and coilected priar ta completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid al.l costs and expenses of making the Improvements listed in paragraph 17, including the cost of any constructian contracts'rieretofore 2et and all other costs incurred and to be incurred af the kind authorized in Minnesota Statutes, Sec�tian 475.65; and the moneys in said account shall be used for na other purpose except as otherwise provided by law; provided that the proaeeds of the Bonds may alsa be used to the extent necessary to pay interest on the Bonds due prior ta the anticipated date of commencement af the coZ�ection af taxes or special assessments herein levied or covenanted to be levied; and provided further that if upan completion of the Improvements there shal2 remain any une�pended balance in the Constructian Account, the balance (other than any special assessments) may be trans�erred by the Council to the fund oi any ather impravement instituted pursuant to Minnesota Statutes, Ghapter 429, and provided further that any special assessments credited ta the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resol.ution by the City Council determininq that the application of the special assessments for such purpose will not cause the City to no longer be in compliance w�th Minnesota Statutes, Section 475.Ci, Subdivision 1. (ii} Debt service Accaunt. There are hereby irrevocably appropriated and pZedged to, and there shall be credited to, the Debt Service Account; (a) a3i cailectians of special assessments herein covenanted to be levied with respect to the Improvements and either initial2y credited ta the Construction Accoun� and not already spent as permitted abc►ve and required to pay any 229153 . 16 principal and interest due on the Bonds or collected subsequent ta the completion of the Impravements and payment af the casts thereof; (b} all collections of special assessments levied in connectian with the issuance of the Priar Bonds which are not needed to pay the Prior Bonds as �a result of the Refunding; (c} all accrued interest receiv�d upon delivery of the Bonds; (d) all funds paid for the Bands in excess of $2,455,000; {ej capitalized interest in the amount of $ (together with interest earnings thereon and subject to such ather adjustments as are appropriate to provide sufficient fund� to pay intere�t due on the Bonds on or before l, 299_j; (f) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; {g) any collections o� all taxes here�ofore levied far the payment of the Prior Bonds and interest thereon which are not needed to pay the Priar Bonds as a resu2t af the Refunding; (hj all funds remaining in the ,�.�., Construction Account after completion of the Improvements and payment af the casts thereofl not so transferred to �he account of another improvement; (i) any funds remaining on deposit in the Red�mption Fund after the same have been paid and discharged; {j) all investment earnings an funds held in the Debt Service Account; and (k) any and all other moneys which are properly available and are apprapriated hy the gaverning body of the City to the Debt Service Account. The Debt Service Account shall be used sole2y to pay the principai and interest and any premiums for redemption of the Bonds and any other general obligation bQnds of the City hereafter issued by the City and made payable from said account as provided by law. Na portian af the praceeds af the Bonds shall be used directly or indirectly to acquire higher yielding investments or ta replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) far a reasonable temparary periad until such proceeds are needed for the purpose for which the Bands were issued and (2j in additian to the above in an amount not greater than the lesser of five percent (5�} of the proceeds of the Bonds or $108,000. Ta this effect, any proceeds of the Bonds and any sums from time to time held'in the Canstruction Account ar Debt Service Accaunt (or any other City accaunt which will be used to pay prinaipal or interest to become due on the bands payab2e therefzom) in excess of amaunts which under then-applicable federal ar•bitrage regulations may be invested without regard to yield shall nat be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulatians on such investments after taking into account any applicable "temparary periods" or "minor portai.on" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in abligations or deposits issued by, guaranteed by or insured by the United States or any agency 229153 • � 17 or instrumentality thereof if and to �he extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning af Sectian 149�b) of the Internai Revenue Code of 1986, as amended (the "Code„). . 17. Assessments. It is hereby determined that no less than twenty percent {20�} of �he cost ta the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3j, shall be paid by special assessments to be levied against every as�essable lot, piece and parcel of land benefited by any of the improvements. The City hereby covenants and agrees that it will let all construction cantracts not heretofore let within ane (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement speci�ies a different time limit for the letting of construction contracts. The City hereby ,�.�.� further covenants and agrees that it will do an� perform as soon as they may be done all acts and things necessary for the finaZ and valid levy of such special assess�ents, and in the event that any such assessment be at any time held invalid with respect to any Iat, piece or parcel of 3and due to any errar, defec�, or irregularity in any action or proceedings taken or ta be taken by the City or the City Couneil or any of the City o�ficers or employees, either in the making of the assessments or in the per�ormance of any candition precedent thereto, the City and the City Council wil3 forthwith da all further acts and take all further proceeding� as may be required by law to make the assessments a valid and binding Iien upan such property. The special assessments have not heretofore been authorized, and accordingly, for purposes af Minnesota Statutes, Sectian 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are reguired by conditions in existenae at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance af all such assessments at a rate per annum not greater than the maximum permitted by law and not less than � per annum: Improvement. Designation: zz9�ss Collection Amount Levy Years Years 18 At the time the assessments are in fact levied the City Cauncil shall, based on the then current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure �hat the City cantinues ta be in compliance with Minnescta Statutesj Section 475.61, Subdivision 1. The special assessments for the Prior Bonds have heretofore been levied, and the installments that remain payable are payable in equai, consecutive, annua2 installments including both principal and interest, with interest at the rates per annum specified below: - Improvement Collection Designatian ount � i�ears Years Rates Water Tawer Improvement 7�-a � Orchard Hunter Lake ?4-2 Marie Avenue Center 73-4 Cherry Hil2 2 Bachelor Avenue 74-7 1992-1998 1992-3.995 1992-1995 z�gz-199b 1992-1995 .. .. ,1993-1996 1993-1997 1993-1996 i�.. .. _... �.00� 1.Q0 1.Op 2.oa 1.00 28. �Tax•Levy: Covera�e Test; Cancellation of Certain Tax Levies. To pravide moneys for payment of the principal and interest on the Bonds there is hereby Zevied upon.all of the taxable property in the City a direct annual ad vaiorem tax which shall be spread upon the tax rolls and collected with and as part of other general praperty taxes in the City for the years_and in the amounts as follows; Year of Tax Levy 1993 1994 1995 2996 1997 1998 1999 20QQ 2Q01 2Q02 2003 Year of Tax Collectian 1994 1995 1996 199'7 1998 1999 2000 2002 2002 2003 2004 224t53 19 monnt $ ., � 2005 2006 240? 2008 2049 2010 The tax levies are such that if collected in full they, together with estimated callections of special assessments and ather revenues herein pledged far the payment of the Bonds, will produce at least five percent (5$j in excess af the amount needed to meet when due the principal and in�terest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are autstanding and unpaid; provided that the City reserves the right and pawer to redu�e the levies in the manner and to the extent permitted by Minnesota 8tatutes, Section 475 . 51, Subdivision 3 . �. } .1 Upan payment of the Priar Bonds, the portion of the taxes levied far the Prior Bonds in paragraph 12 of the Prior Resolution authorizzng the issuance of the Prior Bonds, zn the years I992 thraugh 1998 far callection in 1993 through 1999 shall be canceled. „ 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by �his resolution to the registered holders of the Bonds shall, to the extent permitted by lawr cease. The City may discharge its abligatians with re�pect to any Bonds which are due on any date by irrevocably depasiting with the Band Registrar on or before that date a sum suffa.cient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depasiting with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date c�f such deposit. The City may also discharge its obla.gations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Band Registrar on or before that date a sum suffic3.ent for the payment thereof in full, pravided that notice of redemption tiiereoi has been duly given. The City may also at any time discharge its obligations with respec� to any Bonds, subject to the provisions of Iaw now ar hereafter authorizing and regulating such action, by depasiting irrevocably in escrow, with a sui�.abie banking institution qual.ified by law as an escrow agent for this purpose, ca�h or securities described in Minnesata Statutes, Section 4?5.67, Subdivisian 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale andjor reinvestment, to pay all amounts to become due 229153 20 thereon to maturity or, if notice of redemption as.herein required has been duly provided for, to such earlier redemption date. 20. Camp3ia ce Wit Reitabu�semgnt Bon Regulatians. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.103-18 (the HReimbursement Regulations"') applicable to the "reimbursement praceeds" o� the Bonds, being those portions thereaf which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date {an "Expenditure"}. The City hereby certifies andjor covenants as�foilaws: {a) On or before.the date o� payment of each E�enditure, the City (or persan designated to do sa on behalf of ""`�� the City) made or will have made a written declaration of the City's afficia2 intent ta "Declaration"} which effectively (i) states the City�s intention and reasonable expectation �o reimburse itself for the payment of the E�enditure out of the proceeds of a subsequent borrowing; {ii} gives a gene�al and � functional description af the property, project or program ta which the I?eclaration relates andjor identifies a specific fund ar account of the City and the general functional purpase thereof �rom which the E�enditure was to be paid (callectively the "Project'"); (iii) states the maximum principal amount of debt expected ta be issued by the City for the purpose of financing the Praject; and (iv) states specifically that the Declaration is a declaratian of oificial intent under Treasury Regulations Section 1.103-18; provided, however, that no such Declaration shall necessarily have been made with respect �Go "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to inciude engineering or architectural expenses and simi],ar prefatory e�enses, which in the aggregate do not exceed 20$ of the "issue price�� of the Bonds. Natwithstanding the �oregoing, with respect to E�cpenditures made by the City prior to March 2, 1992, the City hereby represents that there exists objective evidence, within the meaning of the Reimbursement Regulations, that at the time the E�enditure was paid the City expected to reimburse the cast thereof with the proceeds of a borrawing. {b) As of the date of each Deciaration, there were not and were not thereafter•expected to become available 224153 � 21 sources of City funds which were or were e�tpected to be dedicated or otherwise available on a long-term basis to pravide financing for the E�enditure or Project. {c) Each Dealaration was made a part of the publicly - available official books, records or proceedings of the City and w�s cantinuously available for inspectian by the general public at City Hall during regular City hours beginning not later than 30 days after the making of the Declaration and continuing through the date of issuance of the Bonds, as required by the Reimbursement Regu2ations. {d) Each E�aencliture, other than the costs of issuing the Bonds, is a capital expendi�ure, that is, a cost of a type that is properly chargeable ta a capital account (or wauld be with a proper election) under general '`�"' `"'`� federal incame tax principles. (e) The �'reimbur�ement allocation" described in the Reimbursement Regulatians for each E�enditure shall and will be made forthwith �ollawing (but not prior toj the issuance of the Bonds and in all events within the period ending on the dai�e which is the later o� one year after payment af the Expenditure or one year after the date an which the Praject to wha.ch the Expenditure relates is first placed in service. (f) Each such reimbursement allocation will be evidenced by an entry an the official baoks or records of the City maintained for and in connection with the Bonds and will specifical3y identify the actua2 prior E�enditure or Project or, in the case af the reimbursemen� of a particular fund or account described in the applicable Declaratian, the fund or accaunt fram which the Expenditure was paid, (g) The City is unaware of any facts or ciraumstances which would cause.it to question the reasonability or accuracy of"the content of this paragraph ar of any of the Declarations, or its compliance with any of the covenants herein or therein, including without . limitation the City's failure to issue qualifyi.ng reimbursement bonds for casts for which it has made declarations of official intent, ab�ent extraordinary and unforeseeab2e circumstances af the kind described in the Reimbursement Regulations. 224'153 22 21. General ObliQation Pledqe. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom., the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. - 22. Notice of Call�for Redemption. The Clerk is hereby authorized and directed to cause notice of the redemption of the Prior Bonds to be published in the �14rthwestern Financial view at least 30 days prior to February 1, 1993 and to give at least 30 days mailed notice of redemption prior to said �•-�� redemption date to First Trust National Association (as agent for, The First National Bank of Saint Paul), in Saint Paul, Minnesota, the paying agent for the Prior Bonds, and to all holders of the Prior Bonds, if any, who have registered their names, addresses and serial numbers with the Clerk, but published notice shall be effective without mailed notice. .,Said notice shall be in substantially the form attached hereto as Exhibit A. 23. Prior Bonds, thereof shall agents. Prior Bonds; Securitv. Until retirement of the all provisions theretofore made for the security be observed by the City and all of its officers and 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with�such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, that the tax levy for the Prior Bonds has been cancelled, and that the tax levy required by law for the Bonds has been made. 25. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified 229153 23 copies, certificates and affidavits, including any heretofare furnished, shall be deemed representations of the City as ta the facts recited therein. 26. Neg�tive Cove�a�t as to Use of Proceeds and Project. The City hereby covenants not to use the proGeeds of the Bonds oz to use the Project, ar to cause or permit them to be used, or to enter into any daferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaninq of Section� 103 and 141 through 150 of the Code. � 27. Tax-Exempt Status g,f the Bonds; Rebate. �The City shall comply with requirements necessary under the Code to establish and maintain the exclusian from gross income under Section 103 of the Code o� the interest on the Bands, including withaut Ii�itation tl) requirements relating ta temporary periods ""''`-j for investments, (2) limitatians an amounts invested at a yield greater than �he yield an the Bonds� and (3} the rehate of excess investment earnings to the United States if the Bonds (together with other abligations reasonably expected ta be issued and autstanding at ane time in this calendar yearj exceed the small-issuer exception amaunt of $5,000,000. �• . For purposes of qualifying for the exceptian to the federal arbitrage rebate requirements for gavernmental units issuing $5,Q00,000 or less of bonds, the City hereby finds, detenaines and 'declares that (1} the Bands are issued by a governmental`unit with general taxing powers, (2) no Bond is a private activity bond, {3) ninety-five percent (9��j ar more af the net proceeds of the Bands are to be used for local gavern- men�al activities af the City (or of a governmental unit the jurisdiction oi which is entirely within the jurisdiction of the City), and (4) the aggregate iace amount of all tax-exempt bonds (ather than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City� during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,0OO,OpO, all within the meaning of Section 1�8 (f} {4} {Dj o� the Code. Furthermore: (i) there sha21 not be taken into account far purposes of said $5,000,000 Iimit any bond issued �o refund (other than to advance refund) any bond to the extent the amaunt of the refunding bond does not exceed the outstanding amount af the refunded bond; 224153 . 24 (iij the aggregate face amount of the Refunding Portion of the Bonds does not exceed $5,000,000; (iii) each of the Prior Bonds was issued as part of an issue whiah was treated as meeting the rebate requirements by reason of the exception for govern- mental units issuing $5,000,000 or less of bands because the Prior Bonds were issued prior to August 8, 1986; and {a} the Priar Bonds were issued by a= governmental unit with general taxing powers, (b) na part of the Prior Bonds was an � industrial development bond {as described in Section 103(b)(2) af the Internal Revenue Code of 1954, as amended, but without regard to subparagraph (B} of Section 103 (b} (3) or a private =�� �.` loan bond (as defined in Section 103{0)(2)(A) of such Code, but without regard to any exceptian from such definitian other than Section - 103 (o) (2} (C} , and {c} the aggregate face amount of all tax- exempt bonds (other than bands described in the immediately preceda.ng clause of this sentence) issued by the City during the calendar year in which the Prior Bonds were issued did not exceed $5, 000�, 000: - _ (iv) 'the average maturity of the Refunding� Portion af the Bonds doe� not exceed the average, maturity of the Prior Bonds; and � (v) no part of the Refunding Portion of the Bonds has a maturity date which is later than the date which i� thirty (3p) years after the date the Prior Bonds were issued. 28. Designatian of 4ualified Tax-Exempt Oblic�ations; Issuance Limit for Current Refunding Portion. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b}(3) of the Code, the City hereby makes the following factual statements and representations�: 224153 (a) •the Bonds are issued after August 7, 1986; {b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; 25 {c} fihe City hereby designates the Bonds as "qualified tax-exempt abligatians'� for purposes of Section 265{b�t3) af the Code; (d) the reasanably anticipated amount of � tax-exempt obligations {ather than private activity bonds, treating qualified 501(c�(3) bonds as nat being private activity bonds} which wil2 be issued by the City (and all entities treated as ane issuer with the City, and all subordinate entities whose abligations are treated as issued by the City) duri.ng this calendar year 1992 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar �ear 1992 have been designated for purposes of Section 265(b)(3) of the Code: 1*.. --� (f) the aggregate face amount of the Bonds does not exceed '$ZO�OOO�OOO� and {g) the Refunding Portion of the Bonds are issued to refund, and not to "advance refund" the Prior Bands within the meaning af Section lh9(d}(5j of the Code, and shall not be taken into account under the $14,QQO,QQ4 issuance limit to the extent the Refunding Portion of the Bonds does not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to camply with any federal procedural requirements whi.ch may app2y in order to effectuate the designation made by this paragraph. 29. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unen�orceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 30. Headinas, Headings in this resalution are included far convenience of reference only and are not a part hereof, and shall nat limit ar define the meaning af any provision hereof. : The motian for the adaption of the foregaing resolution was duly seconded by member and, after a full discussion thereaf and upon a vote being taken thereon, the following voted in favor thereof: 229153 26 and the f.ollawing voted aqainst the same: " Whereupon said resolutian was declared duly passed and adopted. 229153 � 27 . . ��». ,. ... m 9 } ' � STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared'the attached and foregoinq extract of minutes with the original�thereof on file in my office, and that the same is a full, true and complete transcript of the ��-� , minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to opening and considering bids fo�, and awarding the sale of, $1,470,000 General Obligation Improvement Bonds of 1992 of said City. WITNESS my hand this day of December, 1992. Clerk 229153 28 EXHIBIT A NOTICE CiF CALL FOR REDEMPTION GENERAL OBL�GATIt}N ZMP12C}VEfMENT BONDS OF 19�8 CITY QF MENDOTA HEIGHTS, DAKOTA COUNTY, MZNNESt?TA NOTTCE IS HEREBY GIVEN that by order of the City Council af the City af Mendota Iieights, Dakota County, Mi.nnesota, there have been called for redemption and prepayment on ' February 1, 1993 those outstanding bonds of the City designated as General4 '�'.`�J Obligation Improvement Bonds of 1978, dated May 1, 3978, bearing serial numbers 21� through 386 having stated maturity dates in the years 1993 thraugh 1999, and totalling $865,000 in principal amc�unt. The bonds are being called at a price of par plus accrued interest to February 1, 1993, on which date all interest on said bands wili cease to accrue. Fialders of the bonds hereby called �'or redemption are requested to present their bonds far payment with February 1, 1993, and subsequently maturing interest coupons attached, at First Trust Natianal Assaciation (as agent for, The First National Bank of Saint Paul�, 180 East Fifth Street, 3rd Floor-Bond Drap Windaw, or if by mail, ta F.4. Box 64111, in Saint Paul, Minnesota 55164-0111, on February 1, 1993. Dated: December 1, 1992. BY ORDER OF THE CITY CC?UNCIL ,�s� Kathlee� Swanson C3erk � Inportaat �Totic�: Under the Interest and Dividend Compliance Act of 1983, 20�k will be withheld if tax identificatian is not properly certified. _ Additional information may be obtained from: T�IE SI3AUGHNESSY COMFANY 596 Endicott on Robert Building P. U. Bax 1474 St. Paul, Minne�ota 55101 Telephone No.: (612j 22?-6691 s 229153 � • :i • - s The Council then proceeded to consider and discuss the bids, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF � . $710,000 GENERAL OBLIGATION PARK BONDS OF 1992, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue general obligation bonds of the City, purauant to Minnesota Statutes, Chapter 475, to provide money to finance the acquisition and betterment of parks, consistinq of neiqhborhood and community parks, bicycle and pedestrian trails, and community ballfields ��-� (collectively, the "Park Improvements"); and B. WHEREAS, pursuant to said determination the City held an election on August 15, 1989, at which the electorate approved the issuance of gener.al obligation bonds in an amount not to exceed $3,400,000 for the Park Improvements; and C. WHEREAS, pursuant to said authorization, the City has heretofore issued $2,745,000 of general obligation bonds; and . D. WHEREAS, Minnesota Statutes, Section 475.56 authorizes the City to issue additional bonds in an amount not to exceed two percent of the amount of bonds�otherwi�se authorized to be issued to pay for an underwriting discount; and E. WHEREAS, the City has now determined to issue an additional $710,000 in general obligation bonds pursuant to said authorization to finance the Park Improvements (the "Project"); and - NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of (the "Purchaser"), tb purchase $710,000 General Obligation Park Bonds of 1992 of the City (the nBonds", or individually a"Bond"), in accordance with•the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The Clerk is directed to 2292T9 2 retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. �i,tle: Oriqina7. Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Park Bonds of 1992", shall be dated December 1, 1992, as the date of original issue and shall be issued�forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on August 1 in the years and amounts as follows: �� 1994-1997 1998-1999 2000-2001 2002 2003-2004 �-�� . � $20,000 25,000 30,000 35,000 40,000 Al1 dates are inclusive. Year 2005-2006 2007-2008 2009 2010 2011 �-�� . � $ 45,000 50,000 55,000 60,000 100,000 3. �pose. The Bonds shall provide.funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and•all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1993, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: � 229zT9 3 � ,�.. .. _... � •, Maturity Year ' 1994 1995 1996 1997 1998 1999 2000 2001 2002 Interest Rate � Maturity Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 Interest Rate . % 5. Redemption. All Bonds maturing in the years 2002 to 2011, both inclusive, shall be subject to redemption and prepayment at the option of the City on August 1, 2001, and on any Interest Payment Date thereafter at a price of par plus �--� accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying.agent and to each affected registered holder of the Bonds. � To effect a partial redemption of Bonds-having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, usinq such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with,•if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such 229279 4 Bond, without service charge, a new Bond or Bonds of the same series havinq the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. , in , , is appointed to act as bond registrar and transfer agent with respect to the Bonds (the."Bond Registrar"), and shall do so unless and until a succesaor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the �.�-� manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's.Certificate of Authentication, the forna of Assignment and the registration information thereon, shall bQ in substantially the following form: z�z� 5 8. Execution; Temporary Bonds. The Bonds shall be executed ori behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set �•-1 forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. ., 9. Authentication. No Bond shall be valid or • obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate.of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. •Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is December 1, 1992. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it' has been authenticated and delivered under this resolution. - 10. Reaistration; Transfer; Exchancre. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of � transfers of Bonds entitled to be registered or transferred as herein provided. z2927'9 � 13 Upon surrender for transfer af any Band;at the principal office of the Bond Registrar, the Gity shall execute {if necessary}, and the Band Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee'or transferees, one or more new Bonds of any autharized denomination or �denominations of a like aggregate principal. amount, having the same stated ma�uri�y and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in .blank or in the na�e o� "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for ,Bonds of any authorized denomination ar denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bands to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary}, and the Bond Registrar shall authenticate, in�ert the date o� registration af, and deliver the Bonds which the Holder making the exchange is entitled to receive, Al1 Bonds surrendered upon any exchange or transfer provided for in this resolutian shall be promptly•canceled by the Bond Registrar and thereafter disposed af as directed hy the City. Al1 Bonds delivered in exchange for or upon transfer of Bands shall be valzd general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfar. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory ta the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may reguire payment of a sum sufficient to cover any tax or other governinental charge payable in connectian with the transfer or exchange of any Band and any legal ar unusual costs regarding transfers and 2ost Bond�. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrarr including regulations which permit the Bond Registrar to close its trans£er books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. z�sz�v 14 6 ,�,. � _� � li. Ric�hts Upon Transfer or ExchanQe. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money �--� becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. Th� City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions-in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the cont�ary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Park Bonds o� 1992 Fund" (the "Fund") to be administered and maintain�d by the Treasurer as a bookkeeping account separate and apart,from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the �'Construction Account" and "Debt Service Account��, respectively. 229z79 ' - 15 (i) Construction Account. To the Construction Account � there shall be credited the proceeds of the sale of the Bonds, � less accrued interest received thereon, and less any amount paid for the Bonds in excess of $700,000, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before 1, 199_). From the Construction Account there shall�be paid all costs and expenses of the Project,.including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proCeeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or ��•�•1 covenanted to be levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the„Bonds in excess of $700,000; (c) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before l, 199_); (d) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (e) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, not so transferred to the account of another project; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other mone�s which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiwns for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. � No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5�) of the proceeds of the Bonds or $100,000. To this effect, any 229279 16 f proceeds of the Bonds and any sums from time to time held in the Construction Account or'Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in�excess of the,applicable yield restrictions imposed by said• arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would�cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). � ,,,.. . ... 16. Tax LevY; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Year of Tax Levy Collection Amount 1992 1993 $ 1993 1994 1994 1995 . 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 ' 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 The tax levies are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five 229279 ' 17 percent (5$) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies ' shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest ,�..__�. accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has be�n duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Com�liance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.103-18 (the "Reimbursement Regulations") applicable to the ��reimbursement proceeds" of the Bonds,�being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (an "Expenditure"). The City hereby certifies and/or covenants as follows: (a) On or before the date of payment of each Expenditure, the City (or person designated to do so on behalf of the City) made or will have made a written declaration 229279 ' 18 . z2szr9 of the City's official intent (a "Declaration") which effectivel'y (i) states the City's intention and , reasonable expectation to reimburse itself for the payment of the Expenditure out of the proceeds of a subsequent� borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and/or � identifies a specific fund or account of the City and the general functional purpose thereof from which the Expenditure was to be paid (collectively the "Project��); (iii) states the maximum principal amount of debt expected to be issued by the City for th� purpose of financing the Project; and (iv) states specifically that the Declaration is a declaration of official intent under Treasury Regulations Section 1.103-18; provided, however, that no such Declaration shall necessarily have been made with respect to �..�-� "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural expenses and similar prefatory expenses, which in the aggregate do not exceed 20� of the "issue price" of the Bonds. Notwithstanding the foregoing, with respect to Expenditures made by th� City prior to March 2, 1992, the City hereby represents that there exists objective evidence, within the meaning of the Reimbursement Regulations, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing. � (b) As of the date of each Declaration, the�e were not and were not thereafter expected to become available sources of City funds which were or were expected to be dedicated or otherwise available on a long-term basis to provide financing for the Expenditure or Project. (c) Each Declaration was made a part of the publicly available official books, records or proceedings of the City and was continuously available for inspection by the general public at City Hall during regular City hours beginning not later than 30 days after the making of the Declaration and continuing through the date of issuance of the Bonds, as required by the Reimburseme�t Regulations. ' (d) Each Expenditure, other than the costs of issuing the• Bonds, is a capital expenditure, that is, a cost of a type that is properly chargeable to a capital account (or would be with a proper election) under general federal income tax principles. 19 d � � • (e) The "reimbursement allocation" described in the Reimbursement Regulations for each Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of one year after payment of the Expenditure or one year after the date on which the Project to which the Expenditure relates is first placed in service. (f) Each such reimbursement allocation will be evidenced by an entry on the official books or records of the City maintained for and in connection with the Bonds and will specifically identify the actual prior Expenditure ' or Project or, in the case of the reimbursement of a � particular fund or account described in the applicable � Declaration, the fund or account from which the Expenditure was paid. ,�.. ,. .., (g) The City is unaware of any facts or circumstances which would cause it to question the reasonability or accuracy of the content of this paragraph or of any of the Declarations, or its compliance with any of the covenants herein or therein, including without limitation the City's failure to issue qualifying reimbursement bonds for costs for which it has made declarations of official intent, absent extraordinary and unforeseeable circumstances of the kind described in the Reimbursement Regulations. 19. General Obligation Pledae. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. z�2� 20 21. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality�of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavi.ts, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. • 22. Negative.Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be ,�._.f used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bo�ds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to �he federal arbitrage rebate requirements for governmental uni�s issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, �(3) ninety-five percent (95�) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected 2292T9 21 to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 24. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations�� within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: ' (a). the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; • (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1992 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1992 have been designated for purposes of Section.265(b)(3) of the Code. • The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Severabilitv. If any section, paragraph o�, provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 26. Headincts. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. z29279 22 J aw.. _ . a �r �+ 3 1 - The motion for the adaption of the foregoing resolution was duly seconded by member and, after a full . discussion thereaf and upon a vote beinq taken thereon, the following voted in favar thereaf: and the following voted agains� the same: Whereupon said resolution was declared duly passed and adopted. c 0 Z24279 l 23 k,1'• .. �.a. 0 <• .w STATE OF M2NENESQTA COUNTY OF DAROTA CITY OF MENDOTA HEIGFiTS I, the undersigned, being the duly qualified and aating Clerk of the City of Mendata Heights, Minnesota, DO HEREBY CERTIFY that I have campared the_attached and foregoing extract af minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly �....., called and hel.d on the date therein indicated, insofar as such minutes relate to opening and con�iderinq bids for, and awarding the sale of, $'710,000 General Obligation Park Bonds of 1992 of said City. 229z7'9 WITNESS my hand this day of December, 1992. Clerk 24 � � : CITY OF MENDOTA HEIGHT5 , .. MEMO November 24, 1992 TO: Mayots City Council, and City Admini FROM: James E. Danielson, Public Works D' SUB7ECT: Arndt Addition Public Improvements � Job No. 9208 � Improvement No. 92, Project No. 1 DISCU55ION: A feasibility report on the Arndt subdivision was considered by Council at their August 18th and September lst meetings (see attached report). Action on the matter was tabled indefinitely to allow the developer tune to review the options of the feasibility report and determine if and when the City should proceed. The main point of concem for the developer was the extra costs involved if the City would do the mass grading and tree removal for the site. The developer has informed me that they intend to do the tree removal and gradi.ng. They are currently making arrangements to complete the work first thing in the spri.ng. � In order to allow the City to obtain financing for the project this year for construction next year, Council needs to accept the feasibility report and order in the project before the end of 1992. Assessments with the developer doing the grading are estimated to be $10,488 per 1ot. RECOMMENDATION: The project is both technically and fmancially feasible and I recommend that Council accept the Engineer's report and direct staff to begin preparation of plans and specifications. ACTION REOUIItED: If Council concurs with the recommendation they should pass a motion� adopting Resolution No. 92-_, RESOLiTTION ACCEPTING FEASIBILITY REPORT, ORDERING IlVIPROVE- MENT A1VD PREPARATION OF PLANS AND SPECIFICATIONS FOR SANI'rARY SEW- ERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE GEORGE �ND ELEANOR ARNDT ADDITION (INNIPROVIIVIF.NT NO. 92, PROJECT NO. 1) ��� City of Mendata Heights Dakota Caunty, Minnesota I�:ESOLLCTIQN NO. 92- RESOLUI'ION ACCEPTING FEASIBILITY REPORT, ORDERING IlVIPROVEIVIENT ��ND PI7;EPA,RATION 4F PLANS A1YD SPECIFICATIONS FOR SAN.[TARY SEWERS, WATER, STORM SEWFRS A�ND ST�tEET CUNSTRUCTION TO SERVE GEORGE A�ND ELEANOR A►l2N]DT ADDITION (IlVIPROVEMENT NO. 92, PROJECT NO. 1) �Y�iER]L�AS, the City Engineer has submitted his report to the City Council with respect =� � f to the pmposed constxuction of the fallowing unprovements to serve the George and Eleanor Arndt Addition, to-wit: The construction af an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition af, easements, and the recanstruction where necessazy of streets and easements in the area hereinafter mare particularly descrihed. The construction af an extension to the City's water distribu#ion system including appurtenances and incidentals thereto, and the acquisition af easements, and the reconstzuction where necessary of streets and easements in the area hereinafter more particularly described. The construction of a starm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the arazea. hereinafter mare particularly described. The constructian of street improvements cansisting af the acquisition of easements and the grading, stabilization, drainage and bituminous surfacing, and the construction of concrete curbs and guttexs on the streets ta be situateti in tbe ama hereinafter more particularly described. : WH�REAS, Pleanor Arndt, the owner af the property, has heretofore in writing petitioned the City Council of the City of Mendota Heights requesti.ng the above described impmvements in said petition requested that the entire cost af said improvements be assessed against said property; and WSF1tEAS, the City Engineer reported that the proposed unprovement and construction thereof were feasible and desizable and further reparted an the pmposed costs of said improvements and consttuction thereof; and s . 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 THF.REFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above described iwprovements, 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. ��.. .. -s 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 Heights this 1 st day of December, 1992. ATTFST: Kathleen M. Swanson Ciry Clerk CITY COUNCII. CITY OF MENDOTA HIIGHTS By Chazles E. Mertensotto, Mayor � 10Q� PETITION FOR IMPRflVEMENTS AND WAIVER OF FiEARING FOR SANIT.ARY SEWER AND WATER We, the undersigned, being the awner� af al1' af the real property abutting upon the following s�.ree�, al.ley, or public way between the points indicated: Arndt Subdivision Wher-eby petition the C3ty Cauncil of Mendota xeights, Minnesota, �o under�ake without a publi.c heari.ng under Minnesota 5tatutes, Section 429j031, the fol.lowing impravemen�s along said �treet, alley or public way or with in: _ Arndt Subdivision and to assessment �he entire cost thereo�' against our property i''�`} abutting said improvements ba�ed on benefita received without regard to ca�h valuation. Signature of Owners* �, . �.� � �-•� f�. (��.� 2. 3. Witnessed by: Signa � Address , •• Date < .�; 'S� (v y /i��%A --si -199 v [ n��, �'s� . � �� _ l .�� �i �.U��gT"�G M `� � i 1� -��% .,S I. ��� �.. ��i�c m.s sr o i Name & Address} *Property owned in joint tenancy should be signed by each owrier. LEGAL DESCRIPTION OF ALL ABUfiTING PROPERTY: I hereby cartity� that I have examined the above petition and apprapriate real estate records and find that said petition is in proper form and is signed by al1 the owners o£ proper�y abutting said improvemen�s. ; WSTNESS m hand as such Clerk and the said af said City thie %,S �`' day af � , 19�. � ,�a,_ �f �,.�„� (�EALj K hleen M.�Swanson, City Clerk City of Mendota Heights r �� Y .' � � 1 1 Memo City of Mendota Heights Au st 12, 1992 To: Mayor, Council, City Administ From: Klayton H. Eckles ����; ✓ Subject: Feasibility Report for the Arndt Plat Improvement 92-1 Job 9208 INTRODUCTION 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 sit�. Ftznding 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 ma.ny 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 Rirchner 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 pedwa� improvements including engineering and contingencies is.estimated at $42,000. This does not include any grading for the street or pedways. � Street and Site GradinQ Normally all grading associated with development of a new �lat is the responsibility of the devel.oper. 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, th�e 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 p�rovided. 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 (similar 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: $13,000 Grade Lots, Remove Barn: $41,000 Combined Grading: $54,000 Pro ect Costs The summary of the project construction costs is as follows: ITEM COST Sanitary Sewer and Water $55,000 Storm sewer $15,000 Street and Pedways $42,000 Utility Subtotal 'Street Grading add-on Lot Grading add-on Grading add-on Subtotal $112,000 $13,000 $41,000 $54,000 Total of all the Above $166,000 In addition to these construction costs, there are other costs that need to be discussed. This parcel has deferred assessments from past projects that need to be recaptured. A total of $11,508 in deferments and interest need to be paid to pay off the past due assessments. The other issue that needs to be considered is tHe issue of hook-up charges. Standard City policy is that if a parcel does not pay assessments for a utility when it is installed, then desires to 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 south and east border will be hooking into existing utilities that did not involve assessments to the development when the utilities were installed. Therefore a hook-up charge has been calculated for these lots. � Three lots would �ain the benefit from existing watermain, two lots would gain benefit for existing streets, and one lot would gain benefit from existing sanitary sewer. If Council decides to institute a hook-up charge for these lots, $13,381 would be the appropriate amount based on assessment and interest rates of the past projects. Proiect FinaacinQ Al1 costs for this project should be levied against the project. The developer has stated that each lot should be treated equall�r, so all costs will be s�lit on a per lot basis. There is one lot that has an existing home on it, and this lot has already paid for all the utilities that serve it. Therefore the assessments from this project should be spread evenly between the remaining 12 lots. The outstanding balance and accrued interest on deferred assessments are always required to be brought current when a propertx develops. In this case that would mean paying off the entire deferment and interest at the time of final plat ��.. .. _.. � approval. This wou.ld. mean the developer should pay the city $11,508 prior to �inal plat approval.. If Council. implements the hook-up charges, �.hese could }ae paid up front, or at the Council's discretion, s�read equally with other assessmen�s. It wauld make sense to �.nclude the hook-up charge in with the a�sessmen�s or an undue burden would be put on the developer. The proposed �sse�sments would be as shown below, assuming all costs and charges are spread equally between the 12 - assessable lots. The grading co�ts would only be a�sessed if Council honors the developer's reguest and includes the , grading in the city contract. � Utili�.ies and Street Hook-up Charges Assessmeat wi�hau� Grading Stree� Grading Lot Grading COST PER LOT $9,333 $1., 115 $10,448 $�., 083 $3,417 TCITAL C4ST $1.12, 000 $13,381 $13,000 $41,000 Assessmen� wi�Gh Grading $14,948 Thus, if Council chose to include the grading in the city contract, the total estimated assessment per lo�..would be �14,948. Time L3ne Assuming the Developer submi�s the final plat and developer's agreement this month and Council approve� the feasibili�y repor�, it would be possible to begin construction on this pro�ect this �all. The street work'would have �o wait until next spring, however. RECQMMENDATION This project is both technically and financially feasib].e. I recommend Councii review this report, then provide direc�ion on the following: 1) Should the city comple�e �.he street or site grading? 2) Should the city a3.low 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 with the recommendation, Council should pass a motion adopting Resolution 92- , RESOLUTION ACCEPTING FEASIBILITY RE�ORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITAR.Y SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE GEORGE AND ELEANOR ARNDT ADDITION"(IMPROVEMENT N0. 92, PROJECT N0. 1) 0 � � ��.. .. ... I , - � r^ � � � , � _ • • ;, � r G •' � �ii i � ,� . � . . ► s � •• .. . C�TY (JF MENDt�TA �iEIGFi`I'S � • November 25j 1.992 T0: Mayar, C�.ty Council and Cit�r Administr FROM. Kevin Batchelder, Admini�trative Assistant SUBJECT: CA.SE N0. 92-35: Kuepper� - Variance to Accessary Structure ,,,. __�. . � • Mr. Jo�eph Kueppers, of 28 Somerset Road, appeared befare the Planning Commission at �heir November meeting to reques� a Variance �.o the Setback required for an accessory structure, in the R-1 Zone. Piease see attached Planner's Repart and Application. While the Plann.ing Cammission general.ly seemed �.a feel �.hat �he ],ocation of the accessory structure wa� accep�.able, they felt that there were numerous al�.ernative locations that woulci meet the required se�.backs. The Planning Commis�ion fel�. there wa� no demonstrated hardship or practical difficulty that wauld justify a variance. The Plannir�g Commission waived the reguirement for a public hearing based on the submission of all the required signa�.ure� oi' consent. The Planning Commission vated 5-2 {Nays: Duggan, Dreelan} to recommend that City Council deny the reques�ed variance to �he required setback for an acce�sory struc�.ure in the R-1 Zone based on lack of a demonstrated hardship or practical difficulty. ACTI4N RE4IIIRED . If the City Council desires to i.mplement the Planning Commission's recommendation, they shou].d pass a motian approving Resolution No. 92- ,"A RESOLITTI�N DENYING VARIANCE REQUEST FOR 28 SC7MERSET ROAD" . KLB:kkb m � CZTY OF MEND4TA HEIGHTS DAROTA COUNTY, MINNESOTA RESOL'fJTION Nt�. 92 - A RESOLIITIC?N DE�I�TYING VARIANCE REQIIEST FOR 2 8 SOMERSET ROAT3 WHEREAS, Mr. Joseph Ku.eppers, of 28 Somerset Roacl, has applied for a Variance, said variance being a thr�e faot (3') variance to the required setbacks �ar an accessary structure in the R-1 Zone; and WHEREAS, the Planning•Commission, at their November 24, 1992 mee�ing, waived the requirement for a public hearing and canducted a review af the application far saicl variance; ancl WHEREAS, the Planning Commission determined there wa� no �«--� demanstrated hardship or p�actical di�ficulty and tha� there were alternative locations for the accessory struc�ure within the required setbacks in the rear yard; and WHEREAS�, �he Planning Ca�unissian voted 5-2 to recammend tha� City Council deny �he requested variance to �he r�quired se�back for an accessory strueture in the R-1. zone at 28 Somerset Road based an �he lack of a demonstrat�ed hardship or practical difficul.t�r; and WHEREAS, the City Council has reviewed said variance request at �heir December 1, 1992 meeting and finds �ha� the condi�ions required for approval of a variance da not exist. . NOW THEREFORE, IT IS fiEREBY RESOLVED �.hat the City Cauncil. o�' the Ci�.y of Mendota xeight� finds and determineS that the applica�cion for said variance daes not meet the conditians required � for approval due to the availability o� alternative locations for the accessory structure and due to a lack of demonstra�ed hardship or practical. di�ficulty. BE IT FIIRTBER RESOLVED that the City Counci]. of the City o� Mendota Heights hereby dena.es said reques�. for a variance. Adopted by the City Council of the City of Mendota Heights this lst day of December, 1992. CITY COUNCTL CITY OF MENDOTA HE�GHTS By Charles E. Mer�.ensotta, Ma.yor ATTEST: Kathleen M. Swansan., City Clerk ,d � PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PREPARED BY: PLANIVING CONSIDERATIONS: Background ,� .,. �•, . CO�.SUL'1'ItiC: I'L:\ti;:C•I:S LANnSC':\P� :\12CIiIT[�:'1 S .iOU FIItS7' AV[ivUL 1JC)R7'ii SUITE ?II) ,�11!�1[APnLiS. �1� ;; illl (�!'• i i�� i iUf) 24 November 1992 92-35 Joseph and Vicki Kueppers 28 Summerset Road Variance to Accessory Structure Setback C. John Uban The home at 28 Summerset Road was built prior to a tennis court being installed on the property in 1972. The Kueppers bought the property to enjoy the tennis court which occupies the rear portion of the yard. The tennis court has high fencing as a backstop to separate the adjacent property to the south. A shorter chain-link fence surrounds the remainder of the property. The house has a detached garage and prior to the installation of the 8' �x 12' shed accessory structure, an older shed existed on the property in the rearyard. The new shed was placed in the rearyard at the southeast corner of the site within two feet of the property line. The rearyard edge of the property also has a drainage swale which collects water from adjacent properties and runs along the edge of the tennis court. 'The shed has been placed over this drainage swale. The proposed shed does not exceed the 144 ft. maximum area allowed for accessory structures. The design is of a barn shape which is typi,cal of other residential pre-fab accessory structures. The Kueppers have secured the signatures of their neighbors even though this situation was brought to the City's attention by an anonymous complaint. The Planning Commission may decide to hold a public hearing. Variance Granting a variance requires that there be a"practical di�culty" related to the unique shape, size or other characteristics of the property that would preclude its reasonable use. One practical difficulry is the existence of the tennis court on the rear portion of the property. However, strictly speaking, minimizing the inconvenience to the property owner's use of the remainder of his property does not � .�.. _ .., ,r , .. . . y J. and V. Kueppers, Case 92-35 24 November 1992 Page 2 qualify as a hardship. It is apparent other arrangements are possible on the lot for the accommodation of the proposed shed. The shed can be located within the rear yard but on the west side of the tennis court and still be five feet away from the adjacent property line. This solution �would merely move the shed to the other side of the court. Also, an area next to the garage could accommodate the proposed shed without needing a variance. The shed, if rotated ninety degrees, could set in the space next to the tennis court with 5' from each of the property lines. It would still have the same basic relationship to the tennis court. The problem with any location on the eastern edge of the property is that a drainage swale is lo�ated in that area. Lots are generally platted with utility and drainage easements along their parameter to make sure the free flow of water from adjacent properties can find their way to the appropriate collection points. The reason for side and rear setbacks for accessory structures is in part to protect those drainage ways. The proposed building as it sits on the property actually straddles the drainage swale, thus, water would actually have to pass underneath the shed in order to leave the property. Clearly this is unsuitable from a practical point of view and another location should be sought. In the suggested alternatives, the shed would be at the edge of the tennis court which on many municipal courts is where the fence is ,� �_� located. The shed would generally not interfere with normal play. . Action Consider the request for variance and make recommendation to the City Council. Four conditions: 1. Relocate sheti elsewhere on the property. �� 2. Re-orient the shed 90 degrees to provide appropriate drainage around the shed on both the east and south property lines. 3. Provide landscaping around the shed to screen from the adjacent neighbors. / ,' ... � � ' ' / % � = _-i � A'L�'-.. y. _ ' .-� .. • ' .:. � , - �'T� - �'�"�' -� / - 1 + 1•,.. ' ; _ • . : , . �.: ( ' �' � .1 • 7 �� �' .`' __ //�2 ' �,�---- M1 � . 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U • • �• ' t � �� • ' � •. � SUBJECT PROPERTY • + ' � � • • .. _ _ _ �, . . . ..<�. . . �, . , . . _ . . , , � . ,� � �` '. NORTH T � . �� � , : � • � • '-- • • �� SCALE i"=800' . �.;. � . . . ; . .. . . . '� ME�OIL.�,1(JIUr 7�- �� � • ` - - - �f - �� , � !� / c _ _ _ ,•i ' . QRQQKSIDE lAN - •• -- � �_,.�' F, . � • � • �' � • . f . � � • '•�_ �F' � • • • • + . +, .. -. � • • � ' •�..+ � • � • ; • • y ♦ • • � • : • � ( ` •1+s ,S'•'% . � • • + �� � � ' . . ' ' f' „ :, ;: :: �. � � ��1--._�„ � % 1 • • W �p• • .♦ •�, . � �:..�, E. � • � ""�T�,• SOMERSET � . . * � . w• . . . . i i « '' • � � r + � COUNTRY CLUB � . . • • � "� • C '� � • , � � 8, rI • g • � • /".�^'L ' • i fi _ � . ' . �:� . • . i: oB4H p. � w 1�� - ��R. i . ., . � • we�i 4 �� � �� � �� GOL F COURSE !� ,�?� � - ' ' , r U . ..�� / / ' .s� � ' � _ � i � ' (Private) ,� • � w�rtrwaRs� j` : = . • i b � PARK � • � • � � " 1 �'I , • , . �. i + — -, , � ; f. i . - • . . __• ' - . `� � . - -_ ' - � y O� • Y` • � • '+S 3 � � � — ♦ ! � 4 _ \ j } •-7- ���� • — .."�..�� � 1 + v : .� t/ J ^1 �` �s M ./ I • 1 � . • ' 1 .� •�r •;. .. r----�i ' !_ • e� � � � � ' 4:. . - � ..� —v �� f� . C� �''`� � 4a10 y� � 1 t2 � . /S`,TZ„f �t .qs h' i� b � 1 � rq 1° J�` � �� �� . ,�a J� �. � �� � a !3 '� � y p�� 0 ,4 . � .s� �.��', ' Q. i 4 , V � � + ��a�. =C} 123� � �O `p 4 T Sz z t H. N YL.'R �b� 7 rzo �r 2G/G7r ^ L- Q � / I.�. �I $ ,. 4 /_� � � � Jof � E/�z . � a� . 6'a u/o� �• z�ns=d/ G�i�ir •/�•715' „i , � y �• � � � . . � � �r `� _ s�� A � JTAALES .�IYL- � fi.. ':�:-?�fi.,:�I%;;''�'� i 94 � � /, _ "�j�'�"' %�o f.;:;;.; `'-;:;::��� �'�����::�;: � -• :'•:':: i::y;:;�r`•:;:;:,:>:' ;.:;;;:;.i:;:•:::.,. / � l� :::?�:;;•::�:;•.;; •:: • ~`�`� SUBJECT PROPERTY � S .....�� 7 y � �c , NORTH � �.� SCALE 1 "=200' � G� 3 �' G i j e.� 1• m -� is9a2 J9f.3z 3� t CCaLEJN/,�E GAN�: Q �t S1y1 g_�r ' � t� L., ,�'MELJO/V AYE• �.� --�,..- t�o � U t S .J v 4� � n°,�O 4 a 5 3� J 2 1 � � � ( ry � � T � �B d zvo.� — 2 � �4 ♦ : ` � • y . 0 ! ! LETTER OF ZNTENT T0: City of Mendota Heights FROM: Joseph F. Kueppers 28 Somerset Road Mendata F� -GxiC,,�htS � MN RE. Application for Variance for Toal Shed Attached to this Letter af Intent is ari Application for Consideration of a Variance for setback restrictions for a tool shed . ��~~,l The taal sh�d is 8 feet wide and I2 feet 3.ong and approxi- mately 7 feet high. It i.s p].aced on the sautheastern carner of mg praperty which is located at 28 Somersat Road, The shed is placed approximately 2 feet from the east boundar� line af the property and approximately 3� feet'�rom the south baundary line of the progerty. . The shed has been placed in the most unabtrusa.ve area of my lot. A larga pine trae whieh i.s located just narth and east af the shed and vines and shrubs along the fence to the sauth of the shed mostly shield it �rom view by the neighbors. In £act, all af the neighbors within 100 feet of my property have consented to the current placement of the shed. Attached photographs were taken of the shed in its current locatian as illustratad on the attached Site Plan. If a setback variance is granted, I intend ta plant shrubs along the north edge o�' the shed and plant ivy vines so that they grow on and over the shed. . If I pZaced the shed in other areas of the backyard, it would either i.n�erfere with use of the tennis court which has been located on the property since approximately 1972 or wauld znterfere with use of tha rest of the backyard. � � . • } ' ' , t • . . . � r �ity oi � � . , 1��ie�dota Heig,hts it.l 1 . . Applicant Name; APPLICATION FQR CC►NSIDERATION . OF � PLANNiNG REQUEST (Last? CF'ust) (Mn ' �� A,���.. 28 Samerse� Rd. M�ndota Hts. � MN 55118 (Number & Stre�t) (City} (State} (Zip) ,�,� « f, C?wn.erName: Kueppers Joseph & Vicki (Last) (First) (MI} Address: 2 E Somerset Rd. Asendo �a Hts . MN 5 S 1 18 (Nuznbes & Street} (City) • (State) (Zip) •,,,, StreetLocationofPrapertyinQuesrion: 28 Somerset Rd. LegaiDescriptionofProperty:° Lot 4, Block 15, �omerset View Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Camprehensive Plan Amendment Applicable City Ordinance Number Present Zt>ning of Property R-1 Present Use a, X Variance � Subdivision Approval ' Wetlands Pezmit Oiher (attach ezplanation) Section Residential ProposedZoningofPnaperty 1�-1._.= Pt�aposedUse Residential with setback varianee � fax taa�. she� . • I hereby declare that aiI statements made in this request mater�al are true. � _ �_�=- -=�� =:Victoria�;.Ciirve��; . ..11Q1 . . • �.Y�-`RP` _ . ... . ' ' ._ .. . _. ...�__ �'%i:- - . . � the (s��k�tur� oi Apgk�anc) � j � u j�'�� � ��7.� �� (Received by - Title) ,�ill�lV �.C1�"•1 Jlr'ra�yaa�.s� � • i T aa �.�- y — - ---_ry---,- - _,:=:�:: . =•:;�' ... _. :...N-_s. -r,,t.,,>,.:. Y;tciA�` wta..,..,. :'_r�ii.'.:.: ' _ . . �;..u'. ' . � , . , . . _. .•.t,.� .. _ - . .. _ _ :. ... .. -" . . .. _., .. . . _ . G.�.�.�...--"�..'... l..+-�' _... sc a�.E �'J- 30 C-L \O l,����lN� �y C-L � .� � � • �. � I �`v� t . 3.5 � � ` � j i - � � � n 1 � � � � V r � � cauRT t 1 - T�/YNI S � f' . � l . 1 '. � 1 " r r , 1 . 4 �--- -� -�--- � � � . . 1 t u' �,t�e�� � � 1 _" _`. ; ' - r 1 � � . � � . .��- � • -� �. . > � .. S { � � .. .._`- Zs Sbt�n��r sto 1 � ti � � 1 t..�.! I 1 J ( ' j ,'� 1 ( t-,- I � . � � � �' '. ! .� � ; . � � �� : � � �� �as.2s � � .i . � , � . � I `•,,` ,_ �•.. _.... ..... _ _ .� _ _ _ _ _ _ _ _ _ SvM�tzSE"t" Ro�D . � _. . � _ _ -- -- — -- — `_' , .-- . � � � r! � ` . � � - -- . . .-t�CG'r �� ..ru! �a �•~• ' , � � » f .. . � . . . ' . . � . � � �lt�t" Q� ,�,� � ,� ,, ,��endo�a �-ieigh�� 1� i� r�� SIGNA.'PURES OF CONSENT FOR VARIANCE REUIIEST TOz The Planna.rtg Commissian, City of Mendata Heights FROM: Property Owners af a�: 2S Scrmerset Road �br— Kv� PPL-�2s ���� 5 ��� c.� U�a�er�L�.., r We the undersigned have reviewed the•plans for ��ao1 she� � • : . �and ••understand the �erms . and �• . cand�.�ions af �h.e requested• variance.'for setbac3c. • - . . We have na ob�ectio�ts ta this request and do• hereby g ve c�u.z •� written consen� and aansent.ta'waiver of pui�lic hearing. � Sincerely, NAME (Please Pri.nt} �,��`���'!-� � Gf�r'`"� �%��tvJo,�,T'` t Lt�' � i'�? S "-� 5 � � � � ��I ��, � �iJ1-i �} ��Z��;� , �"F1s�rc.� f �f�oc.�9�'f� (..1��- ;C-��hy}vd1 � �a �j .� � �'A2.�" ��� CA�4,0 L �'YI �-L �. t< ` ,��s �' S� t.s �� � � � � t ;u _ ...,ti � �.�� ..�. l� j �� , � _// a :a� • � ♦ � �..t � : �►L�r>> , '�._ ` �. ��� :�/�_ • • - - ��'� ```���,,, .� 1 •ajlR�itl'1'JMItY/.��te'irex■s� - �]=u..ra�':.4. �`I � —._ , s r � . � ' .s� _1� i . �.. � ADDRESS (INCL. LOT) • �� �d �eS�'T 1�.D Y�� '��� � � ' ��" C�L,�SNrr�� �-�l Z� �?m mc.,�s�--, �D - �� S�M��S� �` � r►�iN • 55118 �452� 185Q ,i . i ' } . ' ' s � : �lt� oi . .•.,� : . � 1��ie�►do�a Hei;�hts November 20, 1992 iKr. Joseph Kueppers 28 Somerset Road Mendo�a Heights, N� 55118 Dear Mr.' Kueppers: Your application for a Var3ance will be considered - by the Planning Commission at their next regularly scheduled ��•�-�".� ��.. � . . meeting, which will be held on Tuesda.y, November 24, 1992. The Planning Commission meeting starts at 7;30 a'clock P.I+?., here at the City Hall in the Council Chambers. You, or a,representative should plan on attending �he meeting, in arder that your - appl.icatian will receive Gommission consideration. If you have any questions, please feel free to contact me. Sincerely, • ,,, �� f�--c,... �c��,t,�-�..k.---- Kevin BatcheZder Administrative Assistant Enclosures 6 � F . ' � - 1101 Victoria Curve •1V�endota�Hei�hts;�.1t�N •�55118 � � 452�1850 - . ! ' } ♦ « . C lty o� .,i1 , : 1fi�.endota Hc�i�hts November 27, �.992 Mr. Joseph Kueppers 28 Somerset Raad Mendota Heights, MN 5511.8 Dear Mr. Kueppers: Your .applicatian for a Variance will be considered by the City Council at �heir next regularly scheduled mee�.ing, which will be f�ar- ✓i. held on Tuesday, December 1, 1992. The Council meeting starts at 7:30 a'clock P.M. here at City HaII in �he Caunci2 Chambers. You, or a represen�ative should plan on attending the meeting in order �hat your app].ication will receive Counci�, canssderat�ion . The Pl.anning Commissioa voted 5-2 (Duggan, Dreelan) �o recommend �hat City Cauueil deny the requested variance to the reqiiired setbaak for aa accessory structure ia the 8-1 Zone based oa laek af a demonstrated hardship or practical difEiculty. If yau have any questions, please feel free �o con�act me. Sincerely, tt���"'•` f�JG✓�i�.cK.�.�- Kevin Bat�chelder Admini�trative Assistant � : � M Enclosures 11U1 Victoria Curve •1VLendota Heights, ,1V�:ri •.55118��-�r�452•185C1