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1988-01-05REVISED CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JANUARY 5, 1988 - 7:30 P.M. 1. Call to Order. — 7:3.- 2. Roll Call. _ 3. Agenda Adoption. 4. Approval of the Joint -Meeting Minutgs of December 1, the Regular Minutes of December 15; a d the Minutes of the Special Meeting of December 22e% 5. Consent Calendar: —14 a. Acknowledgement of the Minutes of the December 8 Parks Meeting. b. Acknowledgement of Engineer's Project Report. c. Acknowledgement of the Quarterly Goals Progress Report. d. Approval of City Hall Change Orders. e. Approval of MWCC Joint Use Agreement No. 155. f. Approval of the List of Pledged Securities. g. Adoption of Resolution No. 88-01, Establishing City Depositories of Funds. h. Approval of Release of Temporary Easements for Yorkton Centre Pointe South. i. Approval of Partial Payment to Joseph Co. j. Approval of Partial Payment to Thomas Electric. k. Acknowledgement of monthly Code Enforcement Report. 1. Approval of the List of Licenses. m. Dgdd�Rgad/ C sley Dane Street Light. End of Consent Cd1endar. 6. First of Year Administrative Actions: a. Appointment of Acting Mayor for 1988.— o �-✓ d �n b. Appointment of Health Officer for 1988. — c. Designation Designation of Official Newspaper for 1988. 7. Introductions. -- 44 8. Public Comments. G°K 9. Bid Award and Public Hearing: 10. Unfinished and New Business: a. Feasibility Report f rSoutheast Area. (Resolution No. 88-02) . - �- � ! %; . eOO b. Parks Bond Referendum. %%� 1 / a ' � � °�j�•<,. C . Feasibility Report for bley Heights. (Resolution `41, No. 88-03) . p- A , Q d. Request to Purchase Police Vehicles. _ `y�l/�• e. Bonding for Lower Mississippi WMO. ** — f. AMM Legislative Contact Person Program. R o se to Council Comments esp n _ 11. Council Comments. Cjourn to Closed Session. aim of Boring, Inc.journ. MEMO CITY OF MENDOTA HEIGHTS January 5, 1988 To: Mayor and City Council From: Kevin Frazell, City Administrator Re: Add -On Agenda for January 5th One item, 10.e. Purchase of Portable Radio for Police Department, is recommended for deletion, and is replaced by a new item 10.e., Bonding for Lower Mississippi WMO. Item 5.n., Approval of List of Claims, is also recommended for Kletion. A revised agenda incorporating these changes is attached and printed on blue paper. 3. Agenda Adoption It is 'recommended that Council adopt the revised agenda printed on blue paper. 5.n. List Due to a com lon�,staff was not able to produce g a Claims for toni�gh eting, and it is therefore 0 from recommended for deletion from the a a. 10-e. Purchase of Portable Radio for Police Department This item was inadvertently placed on the agenda, and should be deleted. Purchases of this amount are executed administratively, and do not require council action. 10.e. Bonding Authority for Lower Mississippi Watershed Management Organization Please see attached memo from Public Works Director Jim Danielson. CITY OF MENDOTA HEIGHTS MEMO January 5, 1988 TO: Mayor, City Council and City Administrator FROM: James E. Danielson Public Works Director SUBJECT: Lower Mississippi River Watershed Management Organization DISCUSSION: The Lower Mississippi River Watershed District has several large inter - community storm water problems to be corrected, probably the most controver- sial is Simmon's Ravine. Simmon's Ravine is a drainage way that runs through South St. Paul and has a good share of its runoff water contributed from West St. Paul. That project is being proposed to be funded by County bonding with the bonds to be paid back by an ad valorem tax on properties within the drainage district. The County has been reluctant to approve the Lower Mississippi River WMO's plan because they do not want to bond for WMO projects. Attached is a letter from the WMO requesting support from the member cities in their efforts to get the County"change their minds and allow for bonding for WMO projects. RECOMMENDATION: Staff feels that it would be beneficial to have the flexibility to use County bonding on certain WMO initiated projects. We recommend sending a letter to the County Board supporting the WMO's request. ACTION REQUIRED: If Council desires to implement the staff recommendation they should direct staff to send a letter to Dakota County supporting the use of County bonding to fund certain WMO projects. I DEC 2 0 U 1997 DAVID L GRANNIS- 187.1-1901 DAVID L GRANNIS, R. - 1910-1980 VANCE B. GRANNIS VANCE B. GKANNIS,JR. Pmicx A. FARRELL DAVID L. GRANNIS, III Rwag N. KNUISON LAW OFFICES QtANNis, GRANNis, FARiuLL & KNursON Pxon:sstoNn AssmIATION Posi, Oi;Ftce Box 57 403 NottwEsr BANK BUILDING 161 NORTH CONCORD EXCIIANGE SOUT11 ST. PAUL, MINNi:soTA 55075 Tiii.cmIONE: (612) 455-1661 December 23, 1987 LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION Mr. Dwight Peterson Mr. George Cameron Mr. Bernie Weitzman Mr. Jim Danielson Mr. Richard Redman Ms. Denis Svendsen Mr. Skip Stefaniak Dear Managers: TEI.Cromm: (612) 455-2359 DAvin L. 14ARNIEYER NI. CECILIA HAY ELLIcrrr B. KNma i MIC11AFI.J. MAYER I was directed to analyze the alternatives the WMO has for financing capital improvement projects. There are two basic tracts: (1) bonding through the County, and (2) billing the member cities. COUNTY BONDING. The joint powers agreement creating the WMO and Minn. Stat. § 473.883 authorizes the County to sell bonds to finance WMO projects. The bonds are paid back by an ad valorem tax. The WMO instructs the County on what property in the watershed to tax. The tax can be spread either on the entire watershed or on minor watersheds. BILLING MEMBER CITIES. The joint powers agreement provides that the cost of a project can be allocated to member cities in accordance with a prescribed formula. A member city that believes the allocation is unfair can challenge it by demanding arbitration. If this method of financing is used, member cities will be billed during construction and will have thirty (30) days from receipt of a bill to pay it. It is up to each member city to determine how they will raise money to pay the bills that are submitted to them. Any tax levy is exempt from the City's levy limits, Minn. Stat. § 473.881. As an alternative to a general tax levy the city may create a special tax district. Minn. Stat. § 473.882 authorizes each city to create a special tax district consisting of the entire area of the city within the watershed or of part of the area. An ad valorem tax is then imposed on the special taxing district. The city can sell bonds payable from the taxes Lower,Mississippi River Watershed Management Organization December 23, 1987 Page Two generated in the taxing district. An election is not required to issue the bonds and the indebtedness is not included in determining the net indebtedness of the city under laws limiting debt. Another financing alternative is special assessments under Minn. Stat. Chapter 429. The perils of special assessment financing of storm water improvements is well known. Other financing alternatives include connection charges or monthly or quarterly billings to residents under Minn. Stat. Chapter 444. If you have any questions, please call me. Very truly yo rs, GRANNIS, FAR ELL & KNUT P., A.. N. Knut on i i RNK:srn cc: Dennis Palmer, Barr Engineering John Forest, Dakota County Plnng. Jim Cosgrove, SSP, Will' m Craig, WSP R et Schaefer, IGH evin Frazell, MNDOTA ZITS Harold Rehfeld, Lilydale Myra Hamper, SNFSH LK Al Olson, St. Paul �1 DAVID L. GRANNIS - 1874-1961 DAVID L. GRANNIS, JR. - 1910-1980 VANCE B. GRANNIS VANCE B. GRANNIS, JR. PATRICK A. FARRELL DAVID L. GRANNIS, III ROGER N. KNUTSON t LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON PROFESSIONAL ASSOCIATION POST OFFICE BOX 57 403 NORWEST BANK BUILDING 161 NORTH CONCORD EXCHANGE SOUTH ST. PAUL, MINNESOTA 55075 TELEPHONE: (612) 455-1661 'December 28, 1987 Mr. Robert Schaefer City Administrator City of Inver Grove Heights 8150 Barbara Avenue Inver Grove Hts., MN 55075 Mr. Harold Rehfeld, Clerk City of Lilydale 1143 Sibley Memorial Hwy. Lily le, MN 55075 r. Kevin Frazell City Administrator City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Mr. Al Olson, City Clerk City of Saint Paul 15 West Kellogg Boulevard Room 386, Courthouse Paint Paul, MN 55102 DEC 2 9 1987 TELECOPIER: (612) 455-2359 DAVID L. HARMEYER M. CECILIA RAY ELIJorr B. KNETSCH MICHAEL J. MAYER Mr. Jim Cosgrove City Administrator City of South St. Paul 125 Third Avenue North South St. Paul, MN 55075 Ms. Myra Hamper, Clerk City of Sunfish Lake 1633 Lamplight Drive Saint'Paul, MN 55125 Mr. William Craig City Administrator City of West St. Paul 1616 Humboldt Avenue West St. Paul, MN 55118 RE: Lower Mississippi River Watershed Management Organization I.am legal counsel for the Lower Mississippi River Watershed Management organization. The Board of Managers has asked me to forward a copy of the enclosed Resolution to each member city. The Board is seeking your support in lobbying the County to sell bonds on its behalf. RNK: srn Enclosure cc: Board of Managers Barr Engineering GR L4NN2&,-v--GRANNIS, FARRELL K SON, P.A. BY Roger N.,,,utson RESOLUTION NO. 87-1 LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION WHEREAS, Minnesota Statutes § 473.878 authorizes the Lower -Mississippi River Watershed Management organization ("WMO") to adopt a capital improvements plan to control and regulate storm water, and WHEREAS, the WMO has prepared a draft capital improve- , , ments plan, and WHEREAS, the WMO will request Dakota County to bond for certain projects identified in the capital improvement plan because it is more economical to have one bond sale through the County rather than requiring each of the member cities to issue separate bonds for their share of the cost of the projects, and WHEREAS, Minnesota Statutes § 473.883 authorizes the County to sell bonds on behalf of the WMO, and WHEREAS, the County has expressed reservations about selling bonds on behalf of the WMO. NOW, THEREFORE, BE IT RESOLVED by the WMO Board of Managers: 1. The governing body of each member city is urged to support the decision of the WMO to have Dakota County sell bonds on behalf of it. 2. The governing body of each member city is urged to write the Dakota County Board of Commissioners asking them to assist the WMO in selling bonds to finance projects identified in the WMO's capital improvement plan. Adopted this 17th day of December, 1987. r LOWER MISSISSIPPI—R.VER WATERSHED MANAGEM 4T ORGANIZAT ON/ Dwigh Peterson, Chair CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JANUARY 5, 1988 - 7:30 P.M. 1. Call to Order. 2. Roll Call. 3. Agenda Adoption. 4. Approval of the Joint -Meeting Minutes of December 1, the Regular Minutes of December 15, and the Minutes of the Special Meeting of December 22. 5. Consent Calendar: a. Acknowledgement of the Minutes of the December 8 Parks Meeting. b. Acknowledgement of Engineer's Project Report. c. Acknowledgement of the Quarterly Goals Progress Report. d. Approval of City Hall Change Orders. e. Approval of MWCC Joint Use Agreement No. 155. f. Approval of the List of Pledged Securities. g. Adoption of Resolution No. 88-01, Establishing City Depositories of Funds. h. Approval of Release of Temporary Easements for Yorkton Centre Pointe South. i. Approval of Partial Payment to Joseph Co. j. Approval of Partial Payment to Thomas Electric. k.,, Acknowledgement of monthly Code Enforcement Report. 1. Approval of the List of Licenses. M. Dodd Road/Wesley Lane Street Light. n. Approval of the List of Claims. (Available Tuesday). End of Consent Calendar. 6. First of Year Administrative Actions: a. Appointment of Acting Mayor for 1988. b. Appointment of Health Officer for 1988. C. Designation of Official Newspaper for 1988. 7. Introductions. 8. Public Comments. 9. Bid Award and Public Hearing: w 10. unfinished and New Business: a. Feasibility Report for Southeast Area. (Resolution No. 88-02). b. Parks Bond Referendum. c. Feasibility Report for Sibley Heights. (Resolution No. 88-03). d. Request to Purchase Police Vehicles. e. Purchase of Portable Radio for Police Dept. f. AMM Legislative Contact Person Program. Response to Council Comments. 11. Council Comments. 12. Adjourn'to Closed Session. 13. Claim of Boring, Inc. 14. Adjourn. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Joint Meeting of the City Council and the Parks and Recreation Commission Tuesday, December 1, 1987 The special joint meeting of the City Council and the Parks and Recreation Commission, City of Mendota Heights, was held at 7:15 o'clock A.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. The meeting was called to order at 7:25 o'clock A.M. The following members were present: Mayor Mertensotto, Councilmembers, Blesener, Cummins, Hartmann and Witt. Parks and Recreation Commission members: Stein, Lachenmayer, Owens,; Katz. Also present were Bob Doffing, School District 197 Board Member and City Administrator Kevin Frazell. Parks,Chair Stein said that he felt that the Council had made a bad decision in choosing the Southeast Area site for the Parks,Bond Referendum,.in essence trashing a three year study process by the Commission. He indicated that the Commission probably would not be helping on the Referendum, and asked how the Council intended to handle the marketing. i Councilmember Cummins responded that he had agreed to work on the Sibley site because of the economic benefits. However, he had been concerned about the ability to work with School District 197, and also thought it would be better for the City to have its own site. He felt that the School Board really wanted to control the facility, but not put much into the project financially. He disagreed with Stein that this meantdropping a three year process, and said that he did not see it as repudiation of the work previously done by the Parks'Commission. Parksicommissioner Lachenmayer said that she felt personal pride and politics had taken over a rational decision. She felt that the Southeast Area site was not safe for children trying to bicycle to activities, and thought it was preferable to have it near a school with which children can identify. Councilmember Hartmann responded that he thought adults were important too, and that the Sibley site was primarily for children. Jim Stein responded that he did not think that was the case. Councilmember Cummins said that he thought the entire council 1 I was united in endorsing the need for a park, and that there were only two alternative sites left. ! I Commissioner Lachenmayer said that she felt like the Council was dealing with the desires of a special interest group, with which Commissioner Katz agreed. i Bob Doffing said that the School Board was receptive to the City's proposal in continuing discussions. Mayor Mertensotto said always tough, and that established somewhere. that selling the bond referendum was it was important to get a facilityi, Stein responded that he thought there was a real question whether the City could possibly sell a bond issue to the voters. He indicated that last Spring everyone seemed to united on the Sibley site, and now there was no concensus all. He said that he had equal questions as to whether a referendum for the Sibley site would pass, and raised the possibility of not including the athletic complex in the upcoming bond issue. be at Councilmember Blesener said that she couldn't personally,! support the Southeast Area for the complex, and agreed it was probably impossible to -pass a referendum on any site now. She agreed that perhaps we should just do the trails and parks. City Administrator Frazell added that it would be possible to divide the question on the referendum ballot, separating'I neighborhood park and trail improvements from the athleti" complex. Councilmember Cummins said that he supported going with the Southeast Area site now, and that if that failed he wouldibe willing to work toward an athletic complex at the Sibley site. Councilmember Witt recognized the Park and Recreation j Commission efforts, and supported their recommendation. She expressed her support for the Sibley site as a wise expenditure of taxpayers money. Commissioner Katz said that she thought the whole process; looked rather absurd to the public right now. Mayor Mertensotto suggested that a blue ribbon promotions, committee be appointed, consisting of people who have not; participated in the discussions to date, and so are not caught up in the controversy. Chair Stein pointed out that the Council itself is less than unanimous on the proposal. i There was then some general discussion about the role the Parks Commission, and its recommendation in the process. It was noted that the Council would be voting that same evening (December 1) on development plans for the Southeast Area, but that those development plans had been construed such that it would not foreclose possibilities for either constructing or eliminating the Southeast Area park site. Chair Stein indicated that that put everyone under less time pressure, and perhaps there was still an opportunity to take a look at both sites. k There being no further discussion, the meeting adjourned at approximately 8:45 o'clock A.M. Page No. 2251 December 15, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 15, 1987 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights was held at 7:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins and Witt. Councilmember Hartmann had notifed the Council that he would be late. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of Pre -Meeting of December 1st. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 Councilmember Witt moved approval of the minutes of the December 1st meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR It was the consensus of Council that Item A of the consent calendar, acknowledgment of the minutes of the December 1st joint meeting with the Park Commission should be deleted from the calendar and that approval of the minutes should be tabled to the January 5th meeting. Councilmember Cummins moved that Item a of the consent calendar be removed and that the remainder of the calendar be approved as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. b. Acknowledgment of a letter from Mn/DOT regarding the Dodd Road/I-494 Interchange. c. Acknowledgment of the Treasurer's monthly report for November. Page No. 2252 December 15, 1987 d. Acknowledgment of the Fire Department monthly report for November. e. Approval of a wetlands permit to Mike Kurtz, Case No. 87-38, to allow construction of a home on Lot 7, Block 1, The Ponds of Mendota Heights, according to the site plan dated November 17, 1987, along with waiver of the public hearing and Planning Commission review requirement. f. Adoption of Resolution No. 87-118 "RESOLUTION APPROVING FINAL PLAT FOR KLADIS FIRST ADDITION," subject to receipt of the required $1,800 park dedication fee. g. Adoption of Resolution No. 87-119, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." h. Approval of the list of contractor licenses dated December 15, 1987 and attached hereto. i. Approval of the List of Claims dated December 15, 1987 and totaling $313,300.33. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Joe Maher stated that he attended a Council meeting in February to complain about aircraft heading north from the airport, over the Mendota School, and that since that time the air traffic and noise has gotten worse. Mr. Bernard Friel, the City's MASAC representative, explained thatihe City has been doing the best it can to keep the plarfs from flying north but has had little success. Mr. Maher stated that he has probably made 100 calls to the MAC and has been to the MAC and FAA offices and that someone at the MAC responded to him that he should sell his house if he doesn't like the noise. Page No. 2253 December 15, 1987 Mayor Mertensotto suggested that Mr. Maher document his complaint in writing, including the treatment he has received from the agencies, and that the City would transmit the letter to the MAC and other agencies so that he would get a response. SCHOOL FOREST PROPERTY Mr. Marlin Grant and Mr. Fred Haas, from Marvin Anderson Homes, were present to get Council's feelings on proposed development of the School Forest Property. He stated that he envisions constructing homes of $200,000 to $400,000 values on the property. He informed Council that his firm made an offer to the School District with certain contingencies, one of which was that the property would be developed as single family and that there would be a minimum of 75 lots. He stated that the School representatives expressed some concern over whether 75 lots would be possible and he subsequently met with City staff and Planner Dahlgren. The consensus of the group was that 75 lots would be too many, so his firm developed a new site plan for 70 lots, all of which will contain at least 15,000 square feet of land above water. Mr. Grant informed Council that the School District received 5 proposals for purchase of the land, including that of his firm, and that his firm's bid was the highest, and that the District has since allowed U.S. Homes, the second highest bidder, to re -bid. He indicated that the bids would be discussed by the District's land development committee on December 16th. Mayor Mertensotto thanked Mr. Grant for his presentation. Councilmember Cummins stated that he has a concern that houses in the price range suggested by Mr. Grant tend to be "jammed" in, and that the suggested lots have big backlots and narrow frontages. He suggested that Mr. Grant give some thought to making the lots a little wider to give a more spacious appearance to the area. HEARING - CENTEX HOMES Mayor Mertensotto opened the meeting for the purpose of the continued public hearing on applications from Centex Homes for rezoning and conditional use permit for planned unit development and for consideration of A Ayes: 4 Nays: 0 Page No. 2254 December 15, 1987 applications for sketch plan and preliminary plat approval. Responding to a request from Mayor Mertensotto, Dick Putnam, from Tandem Development Corporation, displayed Plan A and Plan B for review. Mayor Mertensotto stated that Sketch Plan B is under consideration tonight and Plan A is an alternate plan. He then gave a history of the past several months of Council meeting discussions on the applications. The Council acknowledged a letter from the Metropolitan Council approving the Southeast Area Comprehensive Plan Amendment along with the associated Met Council staff report. Councilmember Cummins pointed out that the Metropolitan Council staff findings are all very favorable except that they suggested that the density be increased to 20 units per acre. Responding to'a request from Mayor Mertensotto, City Attorney Tom Hart responded to the issue raised by Mr. Bernard Friel at the last meeting over movement of density within a PUD. As part of his response, Mr. Hart stated that the spreading of density is expressly authorized by the City's PUD ordinance and that the court (Chandler vs Kroiss) expressly found that multiple family could be allowed in a restrictive R-1 zone under a PUD and specifically cited that the effective unified treatment of an overall property is what a PUD is for. The one question of the court was whether the City had allowed enough public comments. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Mayor Mertensotto stated that he had some items in the developers agreement which he would like clarified. He asked Mr. Boyce to clarify the community park acreage, noting that he understands that the City would be acquiring the 24.6 acre community park site Page No. 2255 December 15, 1987 and also the pond and trail area around the pond. Mr. Boyce responded that under Plan B, the City would be purchasing 30+ acres for $750,000. Mr. Boyce stated that Phase I of the development (the area west of the proposed park) would be developed into 136 units consisting of 14 eight -unit buildings and six four -unit buildings. Mayor Mertensotto stated that the developer has indicated that he would grant the City an option on the park property to June 1st and asked Mr. Boyce whether that could be extended to July 1st. Mr. Boyce stated that this would be possible but that he would like to see the City conduct a referendum as soon as possible, because if the first phase is successful he fully expects to come back next summer with a request for approval of the second phase. Mayor Mertensotto asked whether the development is locked into a certain configuration if utilities are installed now and the referendum fails and the parkland is not purchased. Mr. Boyce responded that the utilities will work either way and must be installed regardless of the park being on the site or not. Mayor Mertensotto asked whether Plan A would be precluded if the utilities were installed before the referendum, and Mr. Boyce responded that it would not be precluded. Councilmember Blesener reminded Council of the Planning Commission recommendation that both Plan B and Plan A be kept active. Administrator Frazell stated that the problem with Plan A at this time is that it would be in conflict with the Comprehensive Plan because of the park location in the Comprehensive Plan. He stated that Council could indicate that they would give due consideration to Plan A if the referendum fails. With respect to the proposed developers agreement, Mr. Boyce stated that he has some substantial issues and some minor issues which must be resolved. He stated that basically the developers agreement indicates that if Page No. 2256 December 15, 1987 Plan B is accepted and the City doesn't elect to buy the park land, Plan B goes away. He stated that he has a definite problem with that, and that if Plan B goes away, Plan A should be implemented so that Plan B does not go away until the City amends its comprehensive plan to allow Plan A. He stated that he has been willing to work with tqo plans to accommodate the City and is comfortable with what the City has done with Plan A but he wants to make sure that if the park does not materialize he still has Plan A to work with. Administrator Frazell stated that the'proposed resolutions had developers agreements attached by reference, but the agreement is not in final form and the developers counsel has not yet reviewed them. He suggested that the Council direct staff to work with the City's legal counsel to get the agreements into final form and that Council conduct a special meeting to consider the agreements. Staff was directed to remove Paragraph 1 of page 2 of the draft agreement. It was Council consensus that it should be in the City's discretion to reopen discussion on Sketch Plan A if the referendum fails. Councilmember Hartmann arrived at 8:39 P.M. Councilmember Cummins stated that he feels Plan B is a good and workable plan and could be approved tonight, and on the other hand, Plan A is well within the Comprehensive Plan amendment adopted in 1985 before Council considered a community park on the property. Councilmember Blesener stated that both plans must be kept open at this time. She stated that she will not support Plan B because of the athletic complex, but does support the development. Councilmember Witt asked if the development reverts back to Plan A, what happens to the 9 acres that includes the pond and scenic easement. Mr. Putnam responded that there would still be a public pathway on the west edge of the pond and it would still connect with the trail system to the Hagstrom-King park, but that there would be no public trail on the east Page No. 2257 December 15, 1987 side of the ponds. He indicated that the trail and public area on the east side would be part of the City's purchase of property, and that if Plan A is developed, the trail along the east side of the ponds would be part of the park contribution. Councilmember Hartmann stated that he agrees with Councilmember Cummins but wants to make sure that it is understood that he supports the park in the south area of the City and supports Plan B, but should the referendum fail he could also support Plan A. Councilmember Blesener moved that all following actions on the Centex Homes, Kensington multi -family residential project are contingent on a finding of negative declaration for an Environmental Impact Statement, and on reserving the right to incorporate mitigation measures that arise as a result of the Environmental Assessment Worksheet review.' Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Witt moved adoption of Resolution No. 87-120, "A RESOLUTION GIVING SKETCH PLAN APPROVAL TO CASE 87-24, KENSINGTON MULTI -FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 1 Blesener Councilmember Blesener moved adoption of Ordinance No.246, "AN ORDINANCE AMENDING ORDINANCE NO. 401" (rezoning from R-1 to HR - PUD) . Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of Ordinance No. 247, "AN ORDINANCE AMENDING ORDINANCE NO. 401," (rezoning from R-1 to MR - PUD) . Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Witt moved adoption of Resolution No. 87-121, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR CASE 87-24, KENSINGTON PHASE Ian Councilmember Blesener seconded the motion. Councilmember Witt moved adoption of Resolution No.87-122, "A RESOLUTION APPROVING THE APPLICATION QF• THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1988 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 SIGN PERMIT On the recommendation of the Code Enforcement Officer, Councilmember Cummins moved to approve the issuance of a sign permit for installation of signs at the FINA gas station at 1960 Dodd Road. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 FIRE RADIOS Fire Chief Maczko was present to request authorization to replace five Wilson portable radios and acquire one additional radio to be used in the new pumper. In response to a question from Mayor Mertensotto, he stated Page No. 2258 December 15, 1987 Ayes: 5 Nays: 0 Councilmember Blesener moved approval of the preliminary plat for Case 87-24, Kensington Planned Unit Development, Phase I. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener left the meeting at 8:53 P.M. RECESS Mayor Mertensotto called a recess at 8:53 P.M. The meeting was reconvened at 9:06 P.M. DEVELOPERS AGREEMENT It was the consensus of the Council that a special meeting be conducted on December 22nd for discussion on the proposed developers agreements. BLOCK GRANTS Mark Ulfers, from the Dakota County HRA, was present to answer any Council questions regarding a proposed resolution relative to the City's community development block grant application for 1988 funding. There was brief discussion over potential uses of CDBG funding for the Furlong area. Mr. Ulfers explained how his agency is marketing the availability of CDBG rehab monies. Councilmember Witt moved adoption of Resolution No.87-122, "A RESOLUTION APPROVING THE APPLICATION QF• THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1988 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 SIGN PERMIT On the recommendation of the Code Enforcement Officer, Councilmember Cummins moved to approve the issuance of a sign permit for installation of signs at the FINA gas station at 1960 Dodd Road. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 FIRE RADIOS Fire Chief Maczko was present to request authorization to replace five Wilson portable radios and acquire one additional radio to be used in the new pumper. In response to a question from Mayor Mertensotto, he stated Page No. 2259 December 15, 1987 that the old radios could possibly be used by the Public Works Department and that they are only worth $50 each in trade. It was the consensus of the Council that the Wilson radios be traded in on the new units. Councilmember Hartmann moved to authorize purchase of six King portable radios from Communications Center under the Hennepin County consortium bid, and reappropriate $4,541.34 (less trade-in values) from the General Fund balance to the Fire Department capital outlay line item. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 CITATION AUTHORITY Police Chief Delmont was present to request Council adoption of ordinances to authorize certain City employees to issue ordinance citations. Mayor Mertensotto directed that staff place notices in the press notifying the public of Councilmember Cummins moved adoption of Ordinance No. 248, "AN ORDINANCE AMENDING ORDINANCE NO. 219." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Ordinance No. 249, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Ordinance No. 250, "AN ORDINANCE AMENDING ORDINANCE NO. 101." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Ordinance No. 251, "AN ORDINANCE AMENDING PART 5 OF THE CITY CODE (BUILDINGS)." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 COMMISSION APPOINTMENT Council acknowledged a memo from the City Administrator regarding upcoming appointments to the Planning and Parks Commissions. Mayor Mertensotto directed that staff place notices in the press notifying the public of Page No. 2260 December 15, 1987 potential openings on the commissions and stating that Council will accept applications for consideration at the second meeting in January. He stated that he will contact present members whose terms are due to expire to ask them to resubmit applications if they wish reappointment. PERSONNEL Council acknowledged a report and recommendation from the City Administrator relative to 1988 salaries and benefits for non -organized employees. Councilmember Cummins moved adoption of Resolution No. 87-123, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON -ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL ADJUSTMENT FOR 1988. Councilmember Witt -seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 87-124, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1988 AND ESTABLISHING CERTAIN OTHER BENEFITS." Ayes 4 Nays: 0 VICTORIA HIGHLANDS Council acknowledged a report and ASSESSMENT DEFERMENTS recommendation from the City Clerk relative to collection of deferred assessments for the Victoria Highlands plat. After brief discussion, Councilmember Cummins moved to authorize the inclusion of $80,664.39 in deferred assessment principal in the Victoria Highlands improvement project costs, conditioned upon payment of $98,485.46 in deferred assessment principal and interest at the time of final plat execution, and to direct staff to prepare a revised developers agreement. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 VICTORIAL HIGHLANDS Council acknowledged receipt of the FEASIBILITY REPORT feasibility report for proposed improvements to serve the Victoria Highlands Addition. It was the consensus of Council that there must be a permanent solution for Marie Park pond storm water retention. In this regard, Council directed the City Treasurer to develop Page No. 2261 December 15, 1987 a financing plan for the permanent solution which does not involve assessing outside of the Victoria Highlands project area. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor Councilmember Witt moved adoption of Resolution No. 87-125, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE VICTORIA HIGHLANDS (IMPROVEMENT NO. 87, PROJECT NO. 7.)" Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 CORRIDOR STUDY Administrator Frazell reviewed his memo regarding the TH 55 Corridor Study update. It was the consensus of Council that the area residents be invited to attend the January 19th meeting for a:discussion of the update. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to December 22, 1987 at 5:00 P.M. for discussion of the proposed Centex development agreements. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:32 O'Clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON DECEMBER 15, 1987 I Excavating License: Ralphs,Plumbing & Heating General Contractors Licenses: Klemmensen Builders, Inc. McGough Construction Company, Inc. Sapletal Construction Western Cedar/North Face Page No. December 22, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Minutes of the Special Meeting Held Tuesday, December 22, 1987 Pursuant to due call and notice thereof, the special meeting of the Mendota Heights City Council was held on Tuesday, December 22, 1987, in the City Hall Council Chambers, 750 South Plaza Drive. Mayor Mertensotto called the meeting to order at 5:01 P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Witt.moved to adopt the agenda as printed. . Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CITY HALL EXTERIOR Architect Bob Pierce, and building BRICK committee members Jerry Morson and Stan Gustafson were present for the discussion about selecting city hall brick. There was not a concensus of those present which brick to select. Not everyone had been able to view the brick selections at the construction site during daylight hours, and it was hoped that there might be additional brick selections to choose from. It was agreed that the city hall committee would reconvene at the site on Thursday, December 24, 9:30 A.M. to make the selection. DEVELOPER'S AGREE- Public Works Director Jim Danielson began MENT FOR KENSING- with a brief presentation of staff TON DEVELOPMENT thoughts about how area assessments would be handled for construction of MSA streets, plus current sewer and water lines in the area. He indicated that staff would propose to use excess MSA funds to underwrite a portion of the project, so as to avoid having to levy special assessments against the community athletic complex. In the event the bond referendum does not pass and the park is not developed, area assessments would be spread against private development on the property. City Attorney Tom Hart passed out final Page No. December 22, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Minutes of the Special Meeting Held Tuesday, December 22, 1987 Pursuant to due call and notice thereof, the special meeting of the Mendota Heights City Council was held on Tuesday, December 22, 1987, in the City Hall Council Chambers, 750 South Plaza Drive. Mayor Mertensotto called the meeting to order at 5:01 P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Witt moved to adopt the agenda as printed. Councilmember Hartmann seconded the motion. Ayes:' S Nays: 0 CITY HALL EXTERIOR Architect Bob Pierce, and building BRICK committee members Jerry Morson and Stan Gustafson were present for the discussion about selecting city hall brick._ There was not a concensus of those present which brick to select. Not everyone had been able to view the brick selections at the construction site during daylight hours, and it was hoped that there might be additional brick selections to choose from. It was agreed that the city hall committee would reconvene at the site on Thursday, December 24, 9:30 A.M. to make the selection. DEVELOPER'S AGREE- Public Works Director Jim Danielson began MENT FOR KENSING- with a brief presentation of staff TON DEVELOPMENT thoughts about how area assessments would be handled for construction of MSA streets, plus current sewer and water lines in the area. He indicated that staff would propose to use excess MSA funds to underwrite a portion of the project, so as to avoid having to levy special assessments against the community athletic complex. In the event the bond referendum does not pass and the park is not developed, area assessments would be spread against private development on the property. City Attorney Tom Hart passed out final Kevin D. Frazell City Administrator ATTEST: Charles E. Mertensotto Mayor i Page No. December 22, 1987 Councilmember Blesener moved to approve in substantial form the DEVELOPER'S AGREEMENT FOR A.PLANNED UNIT DEVELOPMENT FOR PHASE I OF KENSINGTON DEVELOPMENT AS SUBMITTED BY THE CITY ATTORNEY ON DECEMBER 22, 1987. Councilmember Witt seconded the motion. Ayes: 5 Nays:, 0 ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. Ayes: 5 Nays : � 0 I TIME OF ADJOURNMENT: 5:50 P.M. Kevin D. Frazell City Administrator ATTEST: Charles E. Mertensotto Mayor i PARKS COMMISSION MINUTES, DECEMBER 8, 1987 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, December 8, 1987. Chairman Stein called the meeting to order at 7:00 P.M. The following members were present: Stein, Owens, Leffert, and Katz. City Administrator Frazell was also present. Minutes of the November 10 meeting were approved as submitted. FOOTBRIDGE Commissioner Leffert questioned whether this BEHIND is appropriately Park and Rec business. He SOMERSET disagreed with the means of paying for the SCHOOL improvement, not questioning its benefit. If payment is to be taken out of the Parks department budget, then the Commission should have been involved from the outset. The concensus is that it isnot a Parks Department issue and if the City chooses to make the improvement, it should be paid by the general fund. WARMING Grant Englemann will be supervising the rinks HOUSES and the Public Works department will oversee it. Applications for attendants are being taken. RECREATION Dr. John Schultz, from the U of M, is working NEEDS STUDY on an outline of his proposal. The Commission is hopeful that he will follow through and focus on Mendota Heights' needs. Discussion as to whether this is the right time to do a study as athletic complex question is undecided. However, the feeling was also expressed that all recreation needs must be considered, not just a facility for team sports. T -BALL Dick Spicer, Assistant baseball commissioner from the Mend -Eagan Athletic Association, appeared as a representative of the Association. He will work with Bill Owns of the Parks Commission and Chuck Mastel, baseball commissioner, to arrive at an agreement for operating a T -ball program this coming summer. The primary problem is the lack of available fields in the evening, as the Association would probably not offer T - ball during daytime hours, and will be seeking qualified adult or older teenage coaches. Owens suggested Somerset School fields. Spicer stated he hopes this will mark the beginning of cooperative relations between the City Council, Parks Commission, and Mend -Eagan PARKS COMMISSION MINUTES, DECEMBER 8, 1987 Athletic Association. ATHLETIC A recap was given of the Tuesday, December 1 COMPLEX meeting with the City Council. It appears the City Council is going to go ahead with a bond referendum for the "Riley Site", contrary to the Parks Commission recommendation. OTHER Owens suggested the Parks Commission begin, BUSINESS preparing alternatives in the event the Rile site bond issue fails. Discussion of additional summer programs need -to explore and organize. Discussion regarding replacement of Commission members whose terms are expiring (or being vacated through resignation) and election of new Vice -Chair. Owens suggested planting trees in spring as previously approved by the Commission. He also recommended we consider having the President of the Athletic Association sit on the Park and Recreation Commission as a non- voting member as is done in Eagan. ADJOURN There being no further business to discuss; the meeting was adjourned at 8:15 P.M. Respectfully submitted, Vicki Katz, Secretary i _J - ENGINEER'S PROJECT REPORT JANUARY 5, 1988 PROJECT: Imp. 86-1 Mendota Hts. Rd. Huber Dr. Connection. DESCRIPTION: City Street and Utility construction to serve the S.E. Area. CURRENT STATUS: Feasibility.report complete. Awaiting results of public hearing. ESTIMATED COST: Total Project cost estimated at $1,052,000. REMARKS: Construction will begin again around May 1. Assessment will be by acreage served. PROJECT: Imp. 87-2 Hillside Creek DESCRIPTION: Sewers, Water, Streets'to serve 10 Single family lot development, plus serve Brookside -Laura Area. CURRENT STATUS: FeasibilityCompleted. Will begin plans shortly. Developer will begin grading in early spring. ESTIMATED COST: Feasibility: $224,000 REMARKS: PROJECT: Imp. 87-7 Victoria Highlands DESCRIPTION: Sewers, Water, Streets to serve a single family and townhome development. CURRENT STATUS: Feasibilty Completed. Examining options for the Marie Park pond storm sewer issue. ESTIMATED COST: Feasibility: $742,000 (12,000 per lot) REMARKS: Work is scheduled to start this spring. PROJECT: Imp. 87-5 Sibley Heights DESCRIPTION: Sewers, Water, Streets to serve 24 new lots West of Warrior Drive and South of Ponds of Mendota Hts. CURRENT STATUS: Feasibility is complete. Plans will be completed this winter so the project can be built this spring. ESTIMATED COST: Feasibility Estimate $237,600 (9,900 per lot) REMARKS: 3 } PROJECT: Imp. 85-6, Lake LeMay Overflow Project DESCRIPTION: Sewer & water for areas around George's Golf Course and Storm Sewer dverflow for Lake LeMay. CURRENT STATUS: Plans complete but bids were rejected. Awaiting results a comprehensive study of the T.H. 55 area by the city planner. ESTIMATED COST: New estimate will be available after this study. REMARKS: Lake Level is still high, could be problems this spring, although with the mild winter it appears as if there is no immediate threat. PROJECT: Imp. 85-3 G and L Properties, Northland Drive Extension. DESCRIPTION: Sewers, Water, Streets to serve a business and industrial development. CURRENT STATUS: Jacked crossing of the R/R and T.H. 55 has been completed. Awaiting good weather to continue. ESTIMATED COST: Bid award =$220,000, plus 40% OH = $308,000. REMARKS: Bids were substantially below the estimate. PROJECT: Imp. 86-12, Park Place (Wachtler Property) DESCRIPTION: Sewers, Water, Streets for single family development. CURRENT STATUS: Construction 90% complete. Will complete project in the springy. ESTIMATED COST: Total project cost = $663,000. REMARKS: No construction during the winter months. PROJECT: Imp. 86-9, The Ponds of Mendota Heights (Warrior Pond) and Rolling Woods Subdivision DESCRIPTION: Sewers, Water, Streets to serve 2 single family developments, 43 lots total. CURRENT STATUS: Project is 90% complete. Final lift of bituminous will be completed in the spring. ESTIMATED COST: $571,000 for combined project to serve all 43 lots. REMARKS: i PROJECT: Imp. 86-11 Street light project DESCRIPTION: Street lights to serve the industrial park. CURRENT STATUS: Feasibility complete, Bid has been awarded. ESTIMATED COST: Total bid = $321,000. REMARKS: construction will begin in the spring and finish in July. PROJECT: Imp 86-14 Lexington Heights Aptmt. Fire Hydrants. DESCRIPTION: Fire hydrants to serve three appartment buildings. CURRENT STATUS: Construction can start any time. completion is June 1i 1st of 1988. ESTIMATED COST: Construction plus overhead about $28,000. I' REMARKS: The estimate above is 20% higher then the Feas. estimate. PROJECT: Imp. 86-13 Stratford Woods I DESCRIPTION: Sewer, and Water and Street to serve a single family development. CURRENT STATUS: Project is 90% complete. Last lift of Bituminous will be installed in the Spring. ESTIMATED COST: Total cost = $105,000 plus 40% OH = $147,000 REMARKS: Feasibility estimate was 192,000. PROJECT: Imp. 86-7 and 87-3 Copperfield II and III DESCRIPTION: Sewers, Water, Streets to serve single family lots. CURRENT STATUS: Construction is 90% complete. Final lift of bit. is still required. Completion is June 1st. ESTIMATED COST: REMARKS: Both these projects are constructed by developer. PROJECT: Imp. 87-4 Hampshire Estates CURRENT STATUS: Project is 50% complete. ESTIMATED COST: This project is constructed by the developer i REMARKS: This development will be effected by the MHR-Huber Drive project. Assessments of about $2000 per acre will apply. 4 TARGET ISSUES: 1987/88/89 MAYOR AND CITY COUNCIL CITY OF MENDOTA HEIGHTS ADOPTED APRIL, 1987 TARGET ISSUE STATUS - 1/1/88 -------------------------------------------+--------------------------- TOP PRIORITY 1. Parks Development I - Reassess program, priorities, Decision made for and direction I southeast site. Need to - Secure location for athletic I set date and amount for complex I referendum, and market. - Reschedule date.for referendum I 2. Southeast Area Plan Amendment I I . - Adoption of noise ordinance i I Plan approved by Met. - Complete Plan approval by Met. I Council. Centex sketch Council and adoption I plan and Phase I approved. - Consider parks implications I React to further proposals - React to development proposals I and install improvements. - Construct public improvements I 3. City Hall - Bldg. Committee completes schematic j Construction underway and plans I to be completed by - Architects draw up P1. and Specs. 110/1/88. Monitor - Let for bid and construct I construction and plan - Arrange and approve financing I move. - Consider policies for operation I - MOVE IN AND ENJOY! I 4. 110/Dodd Area Redevelopment I - Work with MnDot on 149 improvements Nothing happening. Will - Work with Mendota Plaza new owners I need to decide whether, for redevelopment I when, and how City should - Determine future of S. Plaza Dr. I take a more proactive - Clean up entire area ( role. 5. Airport Noise I - Become more active in issue I Noise ordinance adopted; - Resolve corridor issues with Eagan I Met. Council improving. - Adopt noise attenuation ordinance I Eagan corridor study in I progress with MAC. 1 6. Hwy. 55 Corridor Study - City Planner completes background - Meet with neighbors and owners - Focus direction and policy - Identify funding sources - Implement preferred plan 7. Zoning Code Amendments - Planner completes background work - Workshop with P1. Comm. to discuss amendments and set policy - Draft ordinances, hold public hearings, and adopt revisions HIGH PRIORITY Preliminary study and plan alternatives completed. Need to meet with residents and proceed with implementation plan. Background work completed; Council and Planning Commission to meet on January 26th to review and make decisions. ------------+--------------------------- 8. Infrastructure Replacement Policy - Inventory existing status and establish replacement schedule - Adopt policy on standard for reconstruction' - Set policy on City financial contribution - Continue to build sinking fund - Consider County turnback program 9. Street Lighting/Sidewalk Policy - Develop policy for new and existing neighborhoods - Adopt financing policy 10. Commissions - Clarify relationship to Council - Develop recruitment effort - Develop training program - Define Planner/Staff role - Hold periodic point workshop 2 Inventory of existing facilities to be done by Public Works department during next few months., Program to be adressed with preparation of 1989 budget. Council has given', direction. Staff needs to write resolution of policy Need to plan joint workshop/retreat for Spring 188. t "I E 11. Financial Management - Review investment of idle funds - Review insurance coverages - Review external audit - Consider need for Council guidelines and goals - Role of Treasurer - What to do after Larry 12. Drainage Ditches and Holding Ponds - Review maintenance program and beef up as needed 13. MSA Street Program - Review and reconsider priorities 14. Economic Development - Consider need•for more proactive City role in attracting desirable business - Structure City program To be done during the Winter months. Budgeted for 1988. Will be started in Winter. On-going with budget Begin addressing during the Winter. Council may need to clarify its expectations and desires. --------------------------------------------r--------------------------- MODERATE PRIORITY 15. Sanitary Sewers - Work with MWCC to get accurate meter readings - Agree on temporary method of measurement - Decide on correction of identified I/I problem areas - Identify and react to other problem areas 16. Elections - Review needs and options - Review optiscan system - Review precinct boundaries - Lobby County for needs 3 New MWCC readings have alleviated much of problem. Continue to monitor and plan corrections as need is apparent. Optiscan budgeted for acquisition in 1988. Prepare for Fall 188 election during Spring/Summer 188. 17. Equipment Replacement 4 I - Inventory existing stock and I P.W. Superintendent to establish replacement schedule I address during next year. - Establish reserve fund, weaning off I Will be address in 1989 equipment certificates I budget. - Include parks equipment I 18. Use of "Carron" site I I - Focus on desired future use j To be addressed as part of - Resolve conflict between Comp. Pl. ( Hwy. 55 study. and current zoning I 19. Hwy. 110/Lexington Intersection - Redesign and upgrade of roadways r Nothing happening. Need - Redevelopment of existing use I to decide tyre of City - Future commercial uses I involvement in promote. 20. City Image - Adopt slogan I I Planned as part of Spring - Adopt logo I workshop with Commissions. - City Hall planned to reflect - Employee service I 21. Recreation Program - Survey needs, present and future I I Currently under process by - Assess current program I the Parks Commission. - Plan to meet future needs ( Look at alternatives later I this year. -------------------------------------------+----------------- -------- I LOW PRIORITY I I i 22. MAC Property Sale and Use I - Review status of sale to United Sale completed last summer - Work with developer on use I Hwy.*55 study for use 23. City Code Codification - Determine need I Project begun. To be - Recodify existing ordinances I completed as time'allows. 24. MIS Review - Review effectiveness of current usesl Equipment included in 188 - Consider additional applications I i budget. 4 I I? 25. St. Paul Water Agreement - Reconsider City objectives - Negotiate and enter new agreement with St. Paul 26. Tax Increment District - Review and prioritize remaining projects - React to specific requests/proposals for TIF assistance - Schedule remaining projects and plan', for termination of district 27. Council - Staff - Commission Retreat - Study and anticipate the future - Plan and organize to react appropriately. - Consider need for professional assistance 28. Comparable Worth - Review City Administrator recommended program - Adopt a program - Begin implementation by 8/1/87 Future project as time allows. Final plan in place. React to requests/opportunities for use as they are presented. Planned for Spring 188. Program adopted during July. To be implemented in stages through 1989. -------------------------------------------- ---------------------------- LOWER PRIORITY 29. House;Moving Ordinance - Amend current ordinance to require developer's agreement with timetable 30. Snowplowing - Review current snowplowing procedures and determine whether to`amend to increase efficiency 31. Relationship with Mendota/Lilydale - Identify impending issues - Review provision of services - Resolve storm water runoff problems 5 Being addressed with zoning ordinances. P.W. Superintendent to develop alternatives for consideration this year. Tends to be on-going discussion at•budget time. Storm water part of WMO implementation. 32. Police Department - Review problem of high percentage of senior officers - Plan for future turnover 33. Fee Schedules - Review existing fee schedules (i.e. Parks dedication, Planning, etc.) - Modify as deemed appropriate 34. Cable Television - Cablecast of City meetings - Design in new City Hall - Plan City programming 35. Employee Benefits - Expansion of cafeteria plan - Review possibility of fitness plan -------------------------------------------- t PRIORITIES 36. RR Crossing in Industrial Park - Review status and decide when and if to build 37. CDBG Projects - Survey potential uses and implement 38. Intersection Obstructions - Review problem of obstructions from tree, bushes, etc. - Plan to remedy as necessary 39. Senior Citizens - Housing - Recreation - Transportation 40. Watershed Management Organizations - Review status and effectiveness 2 Recent turnovers have resolved the issue. To be done as part of adopting new zoning and subdivision ordinances. Included in detail planning for City Hall. City Treasurer seeking information. Waiting for response from United Properties. Excess funds available. Use as appropriate. To be done as part of ordinance recodification project. Address in future years as I needed. Master plans being completed. T 41. Housing Policy - Maintenance of existing housing CDBG funding for - Senior housing I rehabilitation applied - Moderate cost housing for; address other housing issues in future as they become timely and important. N CITY OF MENDOTA HEIGHTS MEMO DECEMBER 28, 1987 TO: Mayor and City Council FROM: ;Larry Shaughnessy,easurer SUBJECT: City Hall Change rders HISTORY• The City Hall specifications, as drawn up, called for the"contractors to carry the all risk insurance during the time of construction. Our insurance agent, prior to bid opening, advised us of some savings which could be realized if the City was responsible for the insurance. Accordingly, the two contractors have given us credits totalling $10,119 for the cost of the insurance as shown on the attached change orders. The City cost of this coverage is $2,279, and the appropriate binders have been received. ACTION REQUIRED: Pass a motion authorizing the Mayor to execute change order G-1 for the Joseph Company and E-1 for Thomas Electric as attached. I; LES:madlr attachments CHANGE Distribution t: ORDER OWNER ARCHITECT AIA DOCUMENT 6701 CONTRACTOR FIELD UTIIL•R ❑ ❑ ❑ ❑ ❑ ' PROJECT: MENDOTA HEIGHTS CITY HALL CHANGE ORDER NUMBER: G-1 i (name,address) Mendota Heights, MN I INITIATION DATE: December 15, 1987 TO (Contractor): t F i ARCHITECT'S PROJECT NO: 87-101 Joseph Company CONTRACT FOR: P. 0. 6ux 621 General Construction Austin, MN 55912 CONTRACT DATE: 'November 10, 198 it ' You are directed to make the following changes in this .i Contract: 1. Delete requirement for providing Builders Risk insurance from construction contract. Owner shall provide Builders Risk insurance. The new (Contract Sum) including this Change Order will be The amount of construction contract reduction shall be $9,169.00 initially, with the understanding that this amount shall be reduced by 8% for each month prior to November 10, 1988 for which the Owner has.beneficial occupancy of the new city hall. The Date of Substantial Completion as of the (late of this Change Order therefore is October 1 1988 Not valid until signed by both the (honer and Archilec•I. I ' Signalure of the Contractor indicates his agreement herewith, including any adjuslnuvd in the Contract Sum or Contrad jime. The original (Contract Sum) was ........................... $ 1,054,000 , Net change by previously authorized Change Orders ................................... $ - - The (Contract Sum) prior to this Change Order was .......... $ 1,054,000 The (Contract Sum) will be (;t=txxob< decreased • bythis Change Order......................................................... $ 9,169 The new (Contract Sum) including this Change Order will be ... $ 1,044,831 The Contract Time will be (unchanged) by 1 ( '-- ) Days. The Date of Substantial Completion as of the (late of this Change Order therefore is October 1 1988 , Authorized: i LINDBERG PIERCE, INC. JOSEPH COMPANY CITY OF MENDO�TA HEIGHTS AR�HI1TsSAvenue North 621 6 (710) � ?Ux C 9M §outh Plaza Drive Address Address117 Address nea is 55403 Aus n N +912 Mendota Heights, MN 55120 13 B BY DATE �L 23 f7 DATE ' DATE AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIAO © 19711 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20(H)6 6701-1970 . •r CHANGE Distribution to: ORDER OWNER ❑ ARCHITECT ❑ AIA DOCUMENT 6701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: MENDOTA HEIGHTS CITY HALL CHANGE ORDER NUMBER: E-1 (name, address) Mendota Heights, MN TO (Contractor): Thomas Electric 340 Pierce Avenue North Mankato, MN 56001 L INITIATION DATE: December 15, 1987 ARCHITECT'S PROJECT NO: 87-10 CONTRACT FOR: El ectr i ca I CONTRACT DATE: November 10, 1987 You are directed to make the following changes in this Contract: 1. Delete requirement for providing Builders Risk Insurance from construction contract. Owner shall provide Euilders Risk Insurance. I . The amount of construction contract reduction shall be $950.00 initially, with the understanding that this amount shall be reduced'by 8% for each month prior to November 10, 1988 for which the Owner has beneficial occupancy of the new city hall. , Not valid until signed by both the Owner and Archilvo. Signature of the Contractor inclicales his agreement herewith, including any aclitistnieot in the Contract Ston or Contract Time. The original (Contract Sunt) was • • ... . ..................... $ Net change by previously authorized Change Orders ................................... 152,580 $ The (Contract Sum) prior to this Change Order was $ The (Contract Sum) .......... will be,<%96�3FR4x decreased. 152,580 bythis Change Order ................................... . $ The new (Contract Sum) including this Change Order will be 950 $ The Contract Time will be ... (unchanged) by 151, 630 , The D•tte of Subst t t' I C I' f l I (___ )Days. n to omp L; on as o t 1e MLC of this Change Order therefore Is L I ND BERG PIERCE, INC. ARCHITECT 600 1st AyPnua North (71n) Address Minneapo�s, M14,15403 BY 1H OMAS ELECTRIC October 1, 1988 Authorized: _CITY OF M NDOTA HFI(:14TC CONTRACTOR OWNER 34n P i arra A ianiia 750 South P I ala Drive Address Address North Mankato, MN 56001 Mendota Heights MN 55120 BY ,S BY DATE ��L 3 ��7 DATE /? _� r/ DATE AIA DOCUMENT G701 CHANGE ORDER • APRIL 19711 EDITION AIA® © 19711 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE., N.W., WASIIINGTON, D.C. 2(HN)6 6701 —1978 12-16-87 CP ENDORSEMENT # 1 INSURED POLICY NUMBER EFF. DATE IMendota Heights I MCM 8715-8 T 12-2-87 1 It is hereby understood and agreed that Builders Risk Form CF1102 (10-79) is added per the attached. Premium: $2,279 Additional. All other terms and conditions of the policy remain unchanged. Authorized Representative R CITY OF MENDOTA HEIGHTS MEMO December 21, 1987 TO: Mayor, City Council and City Aiv�4ator FROM: James E. Danielson Public Works Director SUBJECT: MWCC - Joint Use Agreement No. 155 DISCUSSION: There are some smaller sanitary sewer interceptor lines used by+ two communities that MWCC has not acquired. In these cases the MWCC 1, sometimes pays rent to the community owning the lines. MWCC has been paying Mendota Heights $635 per year to rent the line between the head house and Diamond Jim's Mall in Lilydale. They proposed to, extend that agreement for one more year at which time they think their policy will change and all these agreements will be terminated. Staff recommends that the attached Agreement No. 155 be approved. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion authorizing the mayor and City Clerk to execute Joint Use Rental Agreement No. 155. STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 155 The Metropolitan Waste Control Commission and the City of Mendota Heights agree to renew the Joint Use Rental Agreement To. 155 under the same terms and conditions contained in the Agreement which is currently in force between these parties. The renewal period for Joint Use Rental Agreement No. 155 shall be January, 1988 - December 31, 1988. That both parties agkee to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF MENDOTA HEIGHTS I - Name andTitle I Name and Title R Date THE METROPOLITAN WASTE CONTROL COMMISSION Date PEM:LJB:LRB:kmw 11.10.87; RENEWAL ; PLEDGED SECURITIES JANUARY 1, 1988 CHEROKEE STATE BANK ^ C $200,000 U.S. Treasury Notes 6 6. 8% due 7-31-88 400,000 8 1/8% 1-31-88 200,000 9 1/2% 8-15-88 100,000 FHLB 8.9% 11-25-88 DAKOTA COUNTY STATE BANK $100,000 Fed. H.L. Bank 100,000 Fed. H.L. Bank LES:madlr 11.4%' 10-25-88 8.9% 11-25-88 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 88-01 RESOLUTION ESTABLISHING 1988 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the City Council�of the City of Mendota Heights, that the following institutions be designated as depositories for City funds for 1988: Dakota County State Bank Signal Hills State Bank 1st Mn. Savings Bank Norwest Bank of St. Paul Cherokee State Bank Minnesota State Bank First Bank St. Paul American National Bank and Trust Company of St. Paul Minnesota Municipal Money Market Fund (Resolution No. 88-01A Attached) BE IT FURTHER RESOLVED that investments of City funds be in any securities authorized by Minnesota Statutes Chapters 118.17, 475.66 and 471.56 Adopted by the City Council of the City of Mendota Heights this 5th day of January, 1988. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS RESOLUTION No. 88-01A FORM A MINNESOTA MUNICIPAL MONEY MARKET FUND ('THE 4M FUND") MODEL RESOLUTION A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICI- PAL MONEY MARKET FUND" AND AUTHORI- ZING PARTICIPATION IN CERTAIN INVEST. MENT PROGRAMS IN CONNECTION THERE- WITH WHEREAS, Minnesota Statutes Section 471.59 (the "Joint Powers Act") provides among other things that governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund was formed in January 1987 pursuant to the Joint Powers Act by the adoption of a joint powers agreement in the form of a Declaration of Trust by a group of Minnesota Municipalities acting as the Initial Participants thereof, and WHEREAS, the Declaration of Trust has been presented to this council (or board) and WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnesota to adopt and enter into the Declaration of Trust and become Participants of the Fund. Municipality shall mean city, county, town, public authority, public corpora- tion, public commission, special district, and any "instrumentality" (as that term is defined in the Joint Powers Act) of a municipality and WHEREAS, this council (or board) deems it to be advisable for this municipality to adopt and enter into the Declaration of Trust and become a Partici- pant of the Fund for the purpose of the joint invest- ment of this municipality's monies with those of other municipalities so as to enhance the investment earnings accruing to each, and WHEREAS, this council (or board) deems it to be -2- advisable for this municipality to make use from time to time, in the discretion of the officials of the municipality identified in Section 2 of the following Resolution, of the Fixed -Rate Investment Program available to Participants of the Fund. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall join with other municipalities (as such term is defined in the Declara- tion of Trust) in accordance with the Joint Powers Act.by becoming a Participant of the Fund and adopting and entering into the Declaration of Trust, which is adopted by reference herein with the same effect as if it had been set out verbatim in this resolu- tion, and a copy of the Declaration of Trust shall be filed in the minutes of the meeting at which this Resolution was adopted. The President (or Chair) and the Clerk/Treasurer of this Council (or Board) are hereby authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to effectuate the entry of this municipality into the Declaration of Trust and the adoption thereof by this municipality. Section 2. This municipality is hereby authorized to invest its available monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust The following officers and officials of the municipality and their respective successors in office each hereby are designated as "Authorized Officials" with full powers and authority to effectuate the •investment•and withdrawal of monies of this munici- pality from time to time in accordance with the Declaration of Trust and pursuant to the Fixed -Rate Investment Service available to Participants of the Fund: (List the name(s) and title(s) of the officer(s) and official(s) who will be authorized to invest and Withdraw municipal monies in and from the Fund and pursuant to the Fixed -Rate Investment Service. You may have any number of Authorized Officials; attach an additional list if necessary) The Clerk shall advise the Fund of any changes in Authorized Officials in accordance with procedures established by the Fund. Season 3. The Trustees of the Fund are hereby designated as having official custody of this munici- paiity's monies which are invested in accordance with the Declaration of Trust Section 4. Authorization is hereby given for members of the Board of Directors of the League of Minnesota Cities to serve as Trustees of the Fund pursuant to the provisions of the Declaration of Trust Section S. State banks, national banks, and thrift institutions located either within or without the State of Minnesota which qualify as depositories under I Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as deposi- tories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this munici- pality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed -Rate Investment Service available to Participants of the fund. It is hereby certified thattjte•City of Mendoca .Height`s.= - duly adopted the Mode: Resolution at a duly convened meeting of the council (or board) held on the = day of RE - 198_4z , and that such Resolution is in full force and effect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. January S. 1988 Signature of Clerk Date (or Treasurer) of Municipality -3- Printed Name Title Printed Name Title Printed Name Title -S� f;:r—i..s:,. r.,.-_ / Ie L1d7'�r17- Printed Name Title The Clerk shall advise the Fund of any changes in Authorized Officials in accordance with procedures established by the Fund. Season 3. The Trustees of the Fund are hereby designated as having official custody of this munici- paiity's monies which are invested in accordance with the Declaration of Trust Section 4. Authorization is hereby given for members of the Board of Directors of the League of Minnesota Cities to serve as Trustees of the Fund pursuant to the provisions of the Declaration of Trust Section S. State banks, national banks, and thrift institutions located either within or without the State of Minnesota which qualify as depositories under I Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as deposi- tories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this munici- pality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed -Rate Investment Service available to Participants of the fund. It is hereby certified thattjte•City of Mendoca .Height`s.= - duly adopted the Mode: Resolution at a duly convened meeting of the council (or board) held on the = day of RE - 198_4z , and that such Resolution is in full force and effect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. January S. 1988 Signature of Clerk Date (or Treasurer) of Municipality -3- CITY OF MENDOTA HEIGHTS MEMO December 30, 1987, TO: Mayor, City Council and City Administrator FROM:, James E. Danielson i Public Works Director SUBJECT: Release of Temporary Easements Yorkton Center Pointe South Job No. 8422 Improvement No. 84, Project No. 4 nT Cr11C CTnM . Staff received the attached request from Mr. Larry Lee's attorney asking that the temporary easements granted to the City for construction of the Yorkton project be released. RECOMMENDATION: The Yorkton project is completed and temporary easements are no longer needed. Staff recommends they be terminated. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion authorizing the Mayor and Administrator to execute the attached termination agreement. Minneapolis Mr. Kevin D. Frazell City Administrator City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Re: Centre Pointe Medical Building Dear Mr. Frazell: We are counsel to Mr. O. Larry Lee. The purpose of this letter is to request that the City acknowledge the termination of temporary construction easements that were created in December, 1985, for the purpose of facilitating the construction of public improvements (such as sanitary sewer, storm sewer, watermains, streets and lighting) in conjunction with the construction of the referenced medical building. Our understanding is that the construction of all such improvements has been completed, and that all contemplated permanent easements are otherwise of record. I enclose three copies of a form of acknowledgment that we ask you to have executed and returned to my attention. The subject easements are attached to each certificate. The need for the acknowledgment arose at a recent closing upon financing for the sale and leasing of the facility. At that closing, the title insurer declined to remove its designation of the temporary easements as an encumbrance upon the property because the easement document has no clear termination or forfeiture provision. At that closing, Mr. Lee delivered his commitment to obtain the City's confirmation of the termination of the temporary easements within thirty days. DEC »07 FABYANSKE, SVOBODA, WESTRA, HOLPER & DAVIS A PROFESSIONAL ASSOCIATION M. T. FABYANSKE GARY C. EIDSON GERALD L.SVOSODA 1000 MINNESOTA MUTUAL LIFE CENTER KEVIN V. ELLIS MARK W. WESTRA 400 NORTH ROBERT STREET VINCENT W. KING RICHARD D. HOLPER SAINT PAUL, MINNESOTA 55101 KYLE E. HART ROBERT L. DAVIS TELEPHONE 612-228-0115 GARY F. ALBRECHT MARK C. PETERSON TELECOPIER 612-226-0734 STEVEN W. MEYER JEREMIAH J. KEARNEY GORDON 1. GENDLER ROBERT J. HUGER 1150 INTERNATIONAL CENTRE a MARK J. KALLA JAMES F. CHRISTOFFEL JOHN R. MSDONALD 920 SECOND AVENUE SOUTH SCOTT LLOYD ANDERSON THOMAS R. OLSON THOMAS L. BIRD MINNEAPOLIS, MINNESOTA 55402 JUDITH E. KROW CHRISTOPHER A. ELLIOTT TELEPHONE 612-338-0115 HOLLY A. RATHS MARY M. BIERKAMP TELECOPIER 612-336-3657 KAREN M. EDWARDS JEFFREY C. PAULSON JEFFREY C.APPELOUIST PAUL L. RATELLE -1 December 21, 1987 STANLEY J. DURAN DEAN B. THOMSON REPLY TOt Minneapolis Mr. Kevin D. Frazell City Administrator City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Re: Centre Pointe Medical Building Dear Mr. Frazell: We are counsel to Mr. O. Larry Lee. The purpose of this letter is to request that the City acknowledge the termination of temporary construction easements that were created in December, 1985, for the purpose of facilitating the construction of public improvements (such as sanitary sewer, storm sewer, watermains, streets and lighting) in conjunction with the construction of the referenced medical building. Our understanding is that the construction of all such improvements has been completed, and that all contemplated permanent easements are otherwise of record. I enclose three copies of a form of acknowledgment that we ask you to have executed and returned to my attention. The subject easements are attached to each certificate. The need for the acknowledgment arose at a recent closing upon financing for the sale and leasing of the facility. At that closing, the title insurer declined to remove its designation of the temporary easements as an encumbrance upon the property because the easement document has no clear termination or forfeiture provision. At that closing, Mr. Lee delivered his commitment to obtain the City's confirmation of the termination of the temporary easements within thirty days. Mr. Kevin D. Frazell December 21, 1987 Page Two Thank you for your cooperation in this matter. Please call with any questions or comments. Very truly yours, Gary C. Eidson GCE:kar Enclosures cc: Mr. O. Larry Lee Mr. Jon Haganson ACKNOWLEDGMENT OF TERMINATION OF TEMPORARY EASEMENTS THIS ACKNOWLEDGMENT is made as of the day of , 19 , by the City of Mendota Heights, Minnesota (the "City"). RECITALS: WHEREAS, the City is a party to that certain Developer's Agreement Concerning a Commercial Development on 55 + Acres located in the Southwest Quadrant of Lexington Avenue and Trunk Highway 110, Mendota Heights, Minnesota, dated as of December 23, 1985 (the "Developer's Agreement"), a copy of which is attached hereto as Exhibit "A"; WHEREAS, the Developer's Agreement was clarified in that certain letter dated February 4, 1986 from Kevin D. Frazell, City Administrator, to Yorkton Centre Pointe South, a copy of which letter is attached hereto as Exhibit "B"; WHEREAS, pursuant to the the City obtained the benefit "Temporary Easements") for the public improvements; and terms of the Developer's Agreement, of certain temporary easements (the purpose of constructing certain WHEREAS, the installation of said public improvements has now been completed and the City desires to acknowledge the termination of the Temporary Easements. IT IS HEREBY ACKNOWLEDGED: 1. The City acknowledges that, except for easements that are of record in the office of the Dakota County Recorder as of the date hereof, all easements contemplated by the Developer's Agreement are terminated and of no further force and effect. CITY OF MENDOTA HEIGHTS By Its Mayor BY Its City Administrator GCE/76960/38/0004 . I. t Exhibit "A" DEVELOPER'S AGREEMENT CONCERNING A tXX`SFlERCIAL DEVELOPMENT ON 55+ ACRES LOCATED IN THE SOUTHWEST QUADRANT OF LEXINGTON AVENUE AND TRUNK HIGHWAY 110 MENDOTA HEIGHTS, MINNESOTA This agreement, made and entered into this 2 day of �. 1985, by and between the City of Mendota Heights, Dakota County, Minnesota, (hereinafter called the "City") and Yorkton Centre Pointe South a Minnesota partnership, 1690 University Avenue 1180, St. Paul, Minnesota 55104, (hereinafter called the "Developer";. WITNESSETH: WHEREAS, Developer proposes a plat for a commercial subdivision in Mendota Heights to be known as Centre Pointe South consisting of eleven (11) commercial lots on approximately SS acres located in the southwest quadrant of Lexington Avenue and Trunk Highway 110; and WHEREAS, public services are needed by the Developer from Mendota Heights in order to proceed with said development; NOW THEREFORE, it is hereby agreed by and between the two parties as follows: 1. Developer has petitioned the City for needed public improvements (Sanitary Sewer, Storm Sewer, Watermains, Streets and Lighting). Mendota Heights will proceed as expeditiously as possible with hearings and such additional proceedings as may be required to cause public improvements to be installed. It is recognized that the Developer's plat is not the only property to be served by this project so all the required public hearings for assessments will need to be completed. 2. Developer will provide at no cost to the City and Mn/DOT all needed temporaryfand permanent construction and utility easementsi and right-of-way to install said improvements. eloper desires to begin construction in advance of completion blic facilities. The City is willing to allow that construc- to commence with the understanding that no Certificate of � � 1\upancy will be issued for the building until completion of the o aN iblic facilities. It is further understood that there may be conflicts between Developer's contractor and City's contractor and 1 that a temporary separate access road off the public right-of-way may need to be installed. Whether or not this access road will be constructed will be at the discretion of the City and at no ex- pense to the City. Any damage done to the public facilities by the Developer or his Contractor will be corrected by the City and costs charged to the Developer. 4. Developer will be completing site grading in advance of the public utilities construction. Developer agrees to protect the environ- ment by use good of erosion control methods. Minimum requirements will consist of topdressing, seeding and mulching disturbed areas within 30 days of site work completion, as well as the use of staked hay bales where concentrated surface water runoff takes place. As part of the site grading the developer will be grading the public street right-of-way. Developer agrees to construct all fill areas with engineered fill not less than 952 Standard Proctor Density. Filling within the right-of-way shall be supervised by a qualified soils engineer with a minimum of 2 compaction tests taken per 100' station to verify work in fill areas. 5. Developer agrees to a park dedication contribution of $55,000. $13,750 is•due and payable upon filing of the plat. Additional payments of $13,750 plus accrued interest are due and payable upon the 1st, 2nd, and 3rd anniversary dates of the plat filing. In- terest'shall be at 7.52, compounded annually. 6. Developer has requested •that a 20 foot wide landscaped center island be constructed on Centre Pointe Drive. After construction, maintenance of this center island will be accomplished by the Developer. 7. There are existing buildings on Lot 7, Block 1 that may be in the way of roadway construction. Demolition of the buildings will have to be done as part of the site grading. No new building permits will be issued for that lot until all structures are removed. i 8. Developer agrees to have his engineer survey lot lines and right- of-way as may be needed by the City to install public improve- ments. 9. Developer agrees to acquire needed right-of-way from GNB as part of the Centre Pointe South plat. 10. In the event the Developer fails to perform any of its obligations hereunder, Developer shall reimburse the City for any and all costs and expenses, including without limitation reasonable attor- neys' fees, paid or incurred by the City relating to such failure or in connection with enforcing such performances. YORKTON CENTRE PO TH By Its r t-• CITY OF MENDOTA HEIGHTS Robert G. Lockwood, Mayor Kevin D. Frazell, City Administrator �•r `//+Y f:sr:xr'i:,agiY:�:r�t, �^t'3'•:',�'t' A:�t' •. �;?.*t{ ? * f �y f,��4��'.Y�;�.� is?%.�„1.;;;.••r..; �,,.. t 'rt' .' .. r{ ••�r� {"i=<t e .n.. •n' 'Exhibit Il B" �•' . , • f w •, fat r.14• • ,', t r a. • < a7. lUi�l\1?1hTal February 4, 1985 Yorkton Centre Pointe South 2999,Yorkton Boulevard Saint Paul, MN 55117 ATTENTION: 0. Larry Lee Dear Mr. Lee: The City of Mendota Heights,- Minnesota (the "City") and Yorkton Centre Pointe South, a Minnesota general partneraiiip (the "Developer")$ have entered into that certain Developer's Agreement Concerning a Commercial Development on 55+ acres (the "Property") located in the southwest quadrant of Lexington Avenue and Trunk Highway 110, Mendota Heights, Minnesota, dated December 23, 1985 (the "Development Agreement"). This letter"is intended to clarify certain provisions of the Develop- ment Agreement. Please be advised that the City agrees as follows: The easements shown on the final plat of the subdivision satisfy in full the requirements of Paragraph 2 of the Development Agree - went „except"for temporary construction easements. 2. The public facilities referred to in Paragraph 3 of the Develop- ! ment Agreement will be constructed by the City, at the City's expense, pursuant to contracts let by the City but a portion of the costs of such improvements will`be assessed back against the Property, as provided in the City's Feasibility Report, dated October 9, 1985. The City intends to let the contracts for the public facilities in sufficient time so that the public facilities will be completed by September, 1986. 3. Other than the grading necessary to commence the construction of the streets and utilities, which grading will be done by Developer in accordance with a site grading plan to be approved by the City, the City acknowledges that the site grading required by Paragraph 4 of the Development Agreement will be done on a lot -by -lot basis as lots are developed. Provided all other conditions to issuance of a certificate of occupancy have been satisfied, certificates of occupancy will be*issued for lots for which site grading has been completed, even though site grading has not been completed for other lots in the subdivision. 4. So long as the Developer is not in default in making payments of the park dedication fee, building permits and certificates of occupancy will be issued if all other conditions to such issuance have been satisfied. The obligations to pay the park dedication fee shall not be a lien on any property within the subdivision. 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 Nl FQ IM, ' Wa)� 414, j, , it ': Oji, qW, Lee Torkton Centr* Mate, • South • �{;.+. ..r _ .•t`':t.YS�' �k..�c �+. .�.;t„G.. �+. ."� .i)�; �'"v� . �3��v>},> '�. t i�,°�,�:�'�^' ytwt1lt�,.!•.*. Ie S. U the contemplated frontage road to Highway 110 from the subdivi- sion Is not constructed, Lot 6, Block I of the subdivision will continue to have access to Highway 110 from existing access points; therefore, if all other conditions to issuance of a certi- ficate.,Of occupancy have been satisfied, a certificate of occu- pancy for -Lot 6 will be issued, even if the frontage road and Centre Pointe Boulevard have not been completed. Very truly y rs, KeVin!D. Frazill City Administrator KDF:dfw APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF PAGES PROJECT: NEW CITY HALL BUILDING (name, address) Lexington and State Highway 110 Mendota Heights, MN. TO (Owner) City of Mendota Heights 750 South Plaza Drive Mendota Heights, Mn. 55120 ARCHITECT: ARCHITECT'S PROJECT NO: CONTRACTOR: CONTRACT FOR: APPLICATION DATE: Lindberg Pierce, Inc. The Joseph Company, Inc. New City Hall 12/25/87 APPLICATION NO: Two (2 ATTN: Yx. Kevin Frazell PERIOD FROM: 11/25/67 TO 12/25/87 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G702A, is attached. Change Orders approved ADDITIONS $ DEDUCTIONS $ The present status of the account for this Contract is as follows: in previous months by Owner — TOTAL Subsequent Change Orders Number Approved (date) TOTALS Net change by Change Orders $ - State of: Minnesota County of: Mower The undersigned Contractor certifies that the Work covered by this Appli- cation for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that the current payment shown herein is now due. Company By: Date: 12/23/87 ORIGINAL CONTRACT SUM ...................... $ 1,054,000-00 Net change by Change Orders ................... CONTRACT SUM. TO DATE .......................$ 1,054,000.00 TOTAL COMPLETED & STORED TO DATE .......... $ 171, 686. oo (Column G on G702A) RETAINAGE 5 % .........................$ 8.584.30 or as noted in Column I on G702A TOTAL EARNED LESS RETAINAGE ..................$ 163,101.70 ' LESS PREVIOUS CERTIFICATES FOR PAYMENT ........ $ 57,988-00 CURRENT PAYMENT DUE .........................$ 105,113.70 Subscribed and sworn to bgfore me this 23rd day of . December , 19 87 – - -- - Notary Public:,- _ My Commission expires: 1/7/89 In accord/Ince with the64ract and this Application for Payment the Contractor is entitled to payment in the amount shown above. ❑ OWNER Architect: L./it/'o(v P�tL7f��'UL, ❑ ARCHITECT ❑ CONTRACTOR This Certificate is not negotiable. It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the Owner or Contractor under their Contract. AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDITION • AIA® O 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 MPMOTA HEIGHTS CITY HALL SCHEDULE OF VALUES CONTINUATION SHEET AIA DOCUMENT C702A PACE 2 OF 3 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 2 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED STORED TOTAL COMPLETED AND BALANCE RETAINAGE Previous This No. VALUE MATERIALS STORED TO DATE TO FINISH A 6 C Applications Application F G(D+E+F) D E 01000 General Conditions 55,000.0C 15,540.00 3,946.00 19,486.00 35,514.00 02200 Earthwork 143,2550-00 37,500.00 62,500-00 100,000.00 43,250.00 02411 Foundation DrainSyst; 2,000.00 11000.00 11000.00 11000.00 02513 Bituminous Paving 19,806-00 19,806.00 02710 Vinyl coated fencing 11800.0c 11800.00 02800 Landscaping 24,000.0C 24,000.00 02900 Seeding -, 03300 Concrete*& Reinf. 33,.614.00 8,000.00 14,000.'00 22,000.00 51,614.00 03430 Precast Concr. Plank 32,000.00 32,000.00 03450 Poured Gyp-Underlaymt 5,400.00 5,400.00 04220 Unit Masonry 185,400.00 26,000.00 26,000.00 159,400.00 04420 Cut Stone 05120 Structural Steel 38,200.00 38,200.00 05500 Metal Fabrications 12,400.00 12,400.00 06150 Prefab Wd. Trusses 101000.00 10,000.00 06151 Prefab Wd. Beams 81000.00 8,000.00 06200 Carpentry 68,400.00 58,400.00 06400 Millwork 51,000.00 51,000.00 07100 Concrete Deck Coating 2,000.00 2,000.00 .07150 Dampproofing 4,000.00 -3,200.00 3,200.00 800.00 07200 Bldg. Insulation 6,000.00 6,000.00 07300 Wd. Shingle Roofing 27,000.00 27,000.00 07640 Exterior Louvers 1,800-00 11800.00 07900 Caulking 1,600-00 11600.00 08110 Stl. Frames & Doors 24,600.00 )4,600.00 08120 Aluminum Door, side lite & Window Fang. 17, 006. 00 L7,000.00 08200 Wood Doors 6,000-00 6,000.00 08360 Overhead Garage Drs. 5,500-00 51500.00 08450 C19. Access Panel 450.00 450.00 08600 Clad Wood Windows 31,000-00 1,000.00 SUB TOTAL OR TOTAL 867,220.00 ALA DOCUMENT G702A • CONTINUATION SHEET * MARCH IM EDITION e AIA6 • 0 1571 40% HEIGHTS CITY HALL SCHEDME OF VALUES -ONTINUATION SHEET AIA DOCUMENT C702A PAGE 2 OF 2 PAGES MA Document 6702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing :ONTRACTOWS signed Certification is attached. APPLICATION NUMBER: in tabulations below, amounts are stated to the nearest dollar. Jse Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED -- -- — I STORED TOTAL COMPLETED AND BALANCE RETAINAGE Previous - I This No. VALUE MATERIALS STORM TO DATE TO FINISH A B C Applications Application F C(D+E+F) H(C—G) D E Brought Forward: 867,220.0C D8700 Finish Hardware 6,000.0C 6,000.00 38800 Glass and Glazing 1,480.0C 1,480.00 )9250 Metal Frmg.&Gyp- Bd. 56,000.0C 56,000.00 09330 Ceramic & Quarry Tile 14,000.0C 14,000.00 J9500 Acoustical Ceilings 12,000.00 12,000.00 510 Fab cover Acoust.Pnls.- )9650 Resilient Flooring - 21,000.00 21,000.00 )9680 Carpet )9900 Finish Painting 24,000.00 24,000.00 )9950 Vinyl Wall Cover 0100 Porcelain Markerboar&, 800.00 800.00 0120 Display Cases 5,200.00 5,200.00 0180 Toilet Partitions - 21400.00 2,400.00 0190 Precast Shwr.Receptrs. 700.00 700.00 0230 Disappearing Stairs 400.00 400.00 0350 Flagpole 21000.00 2,000.00 0430 Cast letters & plaque z 500.00 500.00 0440 Interior Plaque signs 11000.00 11000.00 0450 Illuminated Ext.Sign 2,600.00 2,600.00 0500 Metal Lockers 6,000.00 6,000-00 0522 Fire Ext. & cabinets" 500.00 500.00 0800` Toilet Accessories 4,000.00 4,000.00 0900 CoA Racks 300.00 300-00 1380 Projection Screens 1,200.00 1,200.00 1830 Dishwasher 700.00 700.00 4200 Hydraulic Elevator-..- -24,000.00 24,.000.00 SUB TOTAL OR TOTAL_ 1,054,000.00 61,040.00 110,646.00 171,686.00 T-1 2,314.00 MA DOCUMM GMA * CONTINUATION SHEET e MARCH 19" EDITION 0 AIAfb * 0 19" THE AMERICAN INSTITUTE Of ARCHITECT$, IM NEW YORK AVE, N.W., WASHINGTON, D. C. APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT (702 (instructions on reverse side) w.toNtor w.1; TO (OWNER): CITY OF MENDOTA HEIGHTS PROJECT: MENDOTA HEIGHTS CITY HALL APPLICATION NO: -01- Distribution to: MENDOTA HEIGHTS, MN I Date Approved S. RETAI AGE: a. T % of Completed Work $ 0 ❑ OWNER TOTALS PERIOD TO: 1-2-11-87 ❑ARCHITECT ' Total Retainage (Line Sa+Sb or ❑ CONTRACTOR FROM (CONTRACTOR): � • THOMAS ELECTRIC INC. VIA (ARCIIITECT): LINDBERG PIERCE INC. ARCIiITECT`S ❑ (Line 4 less Line S Total) Suite 710 PROJECT NO: ❑ PAYMENT (Line 6 from prior Certificate)......... S 600 1st. Ave. North B. CURRENT PAYMENT DUE .......................... f CONTRACT FOR: ELECTRICAL Minneapolis, MN 55403 CONTRACT DATE: 1 CONTRACTOR'S APPLICATION FOR PAYMENT Clonlication is made for tinuation Sheet, AIA Payment, cument G703,tis att belowthe connection with the Contract C1IANC,F ORDER SUMMARY Change Orders approved in previous month! by Owner TOTAL AENNTtONS _ DLDUCIIONS Approved this titonth 4. TOTAL COMPLETED 81 STORED IO DATE............ $ Number I Date Approved S. RETAI AGE: a. T % of Completed Work $ 0 TOTALS b. % of Stored Material $ Net change by Chan ge Orders The undersigned Contractor certifies that to lite best of the: Contractot's knowledge, information and belief the Work covered by this Application far Payment ha% beer) completed in accordance with lite Conifai:l Documents, that all amounts have been pard by the Contractor (or Work for which previous Certificates for Payment were issued and payments received front the Owner, and that current payment shown herein is now due. CONTRACTOR: THOMAS ELECTRIC INC. By: Date: December 14, 1987 1. ORIGINAL CONTRACT SUM ....................... $152,580.00 _. 2. Net change by Change Orders ........ 0.. 0.. 0 :.... 0$ -0- 3. CONTRACT SUM TO DATE (Line 1:t 2) .............. $ 152,580.00 4. TOTAL COMPLETED 81 STORED IO DATE............ $ (Column G on G703) S. RETAI AGE: a. T % of Completed Work $ 0 (Column D + E on G703) b. % of Stored Material $ (Column F on G703) Total Retainage (Line Sa+Sb or Total In Column t of G703)...........QII- ........... ¢� G. TOTAL EARNED LESS RETAINAGE ................... f -- (Line 4 less Line S Total) 7. LESS PREVIOUS CERTIFICATES FOR -0- PAYMENT (Line 6 from prior Certificate)......... S B. CURRENT PAYMENT DUE .......................... f 9. BALANCE TO FINISH, PLUS RETAINAGE ............. f ' �' "" • n rt " 571 (Line 3 less Line 6) State of: Minnesota Co NAf�i8ld,0otta Subscribed and sworn to before me this nvjfPubft +�nneso;� 87 Notary Public: Q./� �� Blue Earth unty My Cqmm. Exp. 9-x92 My Commission expires: - - ,_ AMOUNT CERTIFIED. f _ ARCHITECT'S CERTIFICATE FOR PAYMENT """""""""""""""" f�ttlacil expfrnation if certified dittoes from the amount applied lace • � In accordance with the Contract Documents, based on on-site ubservallons and tits= • ARCI IIT; L/ti pe�j TNG. ' � data comprising the above application, lite Architect certifies to the Owner that to the: test of the Architect's knowledge, information and belief the Work has progressed as B 12 -17 -ie -1-07 �V indicated, the quality of lite Work is in accordance with the Cpntract Documents, anti Date: the Cuntraetor, is entitled to payment of the AMOUNT CERIlTILQ. This Certificate Is not negotiable. The AMOUNT CERIIFIED is payable only !o the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of lite Owner or Contractor under this Contract. - - - -" AL4,t)OCUMINT-CM!! AMII'Ati()N Ahtl Ctitlll$( A11 #09 11AYMINt • MAY tial 1D111r1N • AIA• 04. 11181 Itrt AAdRICAN 1N1111U11 Of ARC11111CV1. 171110V 1OKK AVrN01. Nit! ON#' •U--- MENDOTA HEIGHTS CITY HALL aANTMAIMON SHEET AIA DOCUMENT G702A Pap erf Peg AIA Document GIA APPLICATION AND CERTIFICATE FOR PAYMENT, coutaininx APPLICATION NUMBER: CONTit4cmi 'S signers owtirwicatim is attaches Lac tabulations belay+, anm mts am stated to the nearest dollar. ARCHITECTS PROJECT NO: Use Cohn= I an Contracts when vatiable tet6inage for lite items mar apply. - TTElM SCHEDULED � -- _WORK _COMPLETED STORED TOTAL COMPLETED& BALANCE No. DESCRIPTION OF WORK VALUE Previous This MATERIALS STORED TO TE TO FINISH RETAINAGE A H C Applic tickns ApOiication _. F G(D+E+F) +,� H(C-G) I /o/.000 -- 6�0�"' 1 Conduit & Fittings 40680.00 �'-44 2 • Boxes & Extensions. 10000.00 5000.00 5000.00 5000.00 3 .. Panel Materials 10000.00 10000.00 4 Meter Bog 300.00' 300.00 • 5 Wire & Cable 4000.00 4000.00 6 Trenching & Back -Filling 500.00 f 500.00 .7. Devices & Plates 2000.00 2000.00 !_8'l Fixtures & Lamps 54000.00 54000.00 • 9 Nurses Call 10 iFireAlarm 2400,00 2000.00 11 Emergency Generator 16000.00 16000.00 12 Sound System 8000.00 8000.00 13 docks 14 Allowance 15 Temporary Lighting 150.00 150.00 16 Utility Charges 1000.00 1000.00 1000.00 -0-. 17 Peiformance$ond 2000.00 .2000.00 2000.00 -0- 18 bsnection Fee 1000.04 1000.00 19 BUILDERS RISK INSUR. 950.00 950.00 950.00 -0- 1 133, 6 _ = Sl7>leTOTAL ORTOTALS 151,580.00 AIA DOCUMENT G702A -- CONIT DATION SHEET -- MARCH 1971 EDITION - AIA40 1971 -THE AhMMCAN INSITIU1E OF ARCHITECM 1735 NEW YORK AVE- N.W.. WASHINGTON. D.C. 20006 TO: Mayor, City Council and City Administrator FROM: Paul R. Berg • Code Enforcement Officer 178 SUBJECT: Building Activity Report for Dec, 198; CURRENT MONTH NO. VALUATION FEE COLLECTED BLDG PERMITS SFD' 5 695,646.82 6,514.22 APT 0 0 0 C/I 4 4,500.00 193.70 MISC. 5 SUB TOTAL 14 $723,285.55 $7,049.47 TRD PERMITS Plbg 21 . 538.00 Wtr 15 75.00 Swr 20 350.00 Htg, AC 49 3,021.00 & Gas Pipe SUB TOTAL 105 $3,984.00 LICENSING Contractor's Licenses 15 $375.00 DATE: 12-31-87 YEAR TO DATE - 1987 NO. VALUATION FEE COLLECTED 153 22,183,966.62 198,174.29 0 0 0 61 11,374,041.56 60,850.06 435 $35,058,685.39 $286,014.41 194 5,126.00 218 1,090.00 178 3,115.00 271 25,987.50 YEAR TO DATE - .3486 NO. VALUATION FEE COLLECTED 106 12,856,987.77 84,496.08 0 0 0 44 7,785,007.00 37,751.41 334 $21,752,974.55 137,886.67 130 3,840.50 137 752.00 110 1,765.00 180 11,284.50 861 $35,318.50 557 17,642.00 481 12,025.00 445 11,125.00 TOTAL 134 $723,285.55 $11,408.47 1777 $35,058,685.39 $333,357.91 1336 $21,752,974.55 $166,653.67 NOTE: All fee amounts exclude Sac, Wac and State Surcharge. Amounts shown will reflect only permit, plan check fee and valuation amounts. i LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JANUARY 5, 1987 Concrete Licenses: Andretta Brothers B.N.K. Masonry, Inc. B.R. Moline Masonry, Inc.' Creative Concrete Dahn Builders, Inc. DayCo Concrete Company Diversified Masonry E.L. Bulach Kozitza Construction, Inc. Theisen -Fischer, Inc. Excavating:Licenses: Dakota Plumbing & Heating Reisinger Excavating, Inc. Schulties Plumbing Specialized Turf T.A. Schmidt & Sons Excavating Gas Piping,Licenses: A. Binder & Son Apollo Heating Cedar Valley Heating Controlled'Air Dependable'Heating Doody Mechanical J.K. Heating Company Metropolitan Mechanical Ray N. Welter General Contractor Licenses: Advance Construction A Home of Your Own American Estate Homes Befort Roofing Berwald Roofing Company, Inc. Brad Nilles Carl Bolander & Sons Centex Hames Charles C.;Cudd Corp. Dakota Fence of Minnesota, Inc. Dakota Fire Suppression Determan Welding Eagan Construction Company, Inc. Enebak Construction Company Fireside Corner Harvey Homes Hayes Contractors, Inc. Husting & Enstrom, Inc. J. Paul Sterns Company J.A. Development Jos. E. Johnson & Sons, Inc. The Joseph Company Joseph Miller Construction JSV Construction, Inc. Kelleher Construction General Contractor Licenses: (Cont.) Keystone Builders Kindy Construction KMH Erectors Linvill Associates Loeffel-Engstrand Lovering Associates Lynhof Enterprises McGough Construction Metropolitan Fireplaces Monty Girard Homes M.W. Johnson North Star Services Olsen Fire Protection Paragon Builders Premier Builders Randy Johnston Comp Iany Sapletal Construction Steve Kroiss Sunshine Construction Tappe Construction TJB Companies, Inc. Heating & Air Conditioning Licenses• A. Binder & Son Air Comfort,'Inc. Cedar Valley Heating Controlled Air Dependable Heating Earl Arneson, Jr. Fred Vogt & Company General Sheet Metal J.K. Heating Company Kleve Heating Metropolitan Mechanic Smith Heating Standard Heating CITY OF MENDOTA HEIGHTS MEMO December 30, 1987 TO: Mayor, City Council and City Administrator FROM: James E. Danielson I Public Works Director SUBJECT: Street Light at Dodd Road and Wesley Lane DISCUSSION: Staff has received the attached letter requesting a street light be installed at Wesley Lane and Dodd Road. RECOMMENDATION: Staff agrees with the applicants in that the intersection is located on a curve on a busy trunk highway and is potentially hazardous. Staff recommends authorizing NSP to install a street light. ACTION REQUIRED: If Council desires to implement the staff recommendation they should authorize staff to order NSP to install a street light at Wesley Lane and Dodd Road. Donald A. Kinzer, Minister Office 452 -LOVE Saint Paul's United Methodist Church Home 451-1745 700 Wesley Lane • Mendota Heights, MN 55118 December 28, 1987 Mr. James Danielson Room 4214, Engineering Office 750 So. Plaza Drive Mendota Heights, MN 55120 Dear Sir: As per telephone conversation on December 15, 1987, we at Saint Paul's United Methodist Church would like a street light at the corner of Dodd Road and Wesley Lane. Traffic coming north on Dodd Road is dark and fast. It is difficult for traffic going south to see the inter- section -at night. We would be very pleased if you could approve this problem. Thank you, La., Edward Novotny, Trustee •t ' J. t Y t. �y ••. CITY OF MENDOTA HEIGHTS MEMO DECEMBER 28, 1987 TO: Mayor and City Council FROM:! Kathleen M. Swanson, City Clerk SUBJECT: Designation of Health Officer for 1988 I have spoken with Mrs. Chao to see if Dr. Chao would again be willing to be the health officer for the City for the coming year. She assured me that he would be very happy to act in this capacity, as he has for many years. RECOMMENDATION; .Staff recommends the appointment of Dr. Thaddeus Chao as the health officer for 1988. i ACTION REQUIRED: If council concurs with the staff recommendation, they should pass a motion appointing Dr. Thaddeus Chao, 783 Hokah Avenue, as the health officer for the City of Mendota Heights for 1988. madlr CITY OF MENDOTA HEIGHTS MEMO DECEMBER 28, 1987 TO: Mayor and City Council FROM: Mary Ann DeLaRosa Deputy City Clerk SUBJECT: Designation of Official City Newspaper for 1988 Attached please find copies of letters of request from Minnesota Suburban Newspapers, Inc. (Sun/Current) and Lillie Suburban Newspapers (South-West Review) asking for designation as the official City newspaper for 1988. In years past, the Sun/Current has served as the City's official newspaper, but Council may recall last year's discussion about the sporadic distribution of the Sun Current in the community. ACTION REQUIRED: Motion to approve whichever paper Council wishes as the official City newspaper for 1988. attachments I Pin -s9ft 1 MINNESOTA SUBURBAN NEWSPAPERS December 21, 1987 City Council City of Mendota Heights 0 750 South Plaza Drive 0 Jvd Mendota Heights, Mn. 55120 Dear Council Members: We would appreciate your designation of the West St. Heights Sun -Current to be your official newspapers 1988. The new rate structure for legals effective January be: 1 column width 49.7 cents per line - first insertion 27.2 cents per line - subsequent insertions This new rate is based on our new column width of 11.5 1 picas com- pared to our former width of 9.3 picas. This represents more than a 20% increase in line length. We will provide, at no additional charge, two notarized affidavits -on on each of your publications. Additional notarized affidavits,* request, will be furnished at 35 cents each. All publications should reach this office by Friday a.m.1 preceding our Wednesday publication. However, we would appreciate' receiving any large quantities of legals or any lengthy legals atian earlier time. In order to expedite our services to you, it is requestdid that'Yo'u, direct your publications to the attention of Meridel Hedbloml Legal Publications, 7401 Bush Lake Road, Edina, Mn. 55435. Wi We appreciate being considered as the official newspaper for the is i City of Mendota Heights. It has been a pleasure working with' f you in the past and we look forward to a continued working relation- ship. Very truly yours, MINNESOTA S URBAN NEWSPAPERS L.J. C nning Pub her IJC/mc Publishers of Current Newspapers, Sailor Newspapers, Sun -Current Newspapers and Focus Newspapers 7401 Bush Lake Road • Edina, Minnesota 55435 • (612) 831-1200 4 Paul -Mendota for the year 1,y 1988 I will 1 column width 49.7 cents per line - first insertion 27.2 cents per line - subsequent insertions This new rate is based on our new column width of 11.5 1 picas com- pared to our former width of 9.3 picas. This represents more than a 20% increase in line length. We will provide, at no additional charge, two notarized affidavits -on on each of your publications. Additional notarized affidavits,* request, will be furnished at 35 cents each. All publications should reach this office by Friday a.m.1 preceding our Wednesday publication. However, we would appreciate' receiving any large quantities of legals or any lengthy legals atian earlier time. In order to expedite our services to you, it is requestdid that'Yo'u, direct your publications to the attention of Meridel Hedbloml Legal Publications, 7401 Bush Lake Road, Edina, Mn. 55435. Wi We appreciate being considered as the official newspaper for the is i City of Mendota Heights. It has been a pleasure working with' f you in the past and we look forward to a continued working relation- ship. Very truly yours, MINNESOTA S URBAN NEWSPAPERS L.J. C nning Pub her IJC/mc Publishers of Current Newspapers, Sailor Newspapers, Sun -Current Newspapers and Focus Newspapers 7401 Bush Lake Road • Edina, Minnesota 55435 • (612) 831-1200 4 LRUESubuRbANNEWSPAPERS �l 2515 E. Seventh Avenue North St. Paul, MN 55109 (612) 777-8800 December 22, 1987 Honorable Mayor and City Council City of Mendota Heights 750 Plaza Drive Mendota Heights, Minnesota 55050 1 Dear Mayor and Council Members: I ; We ask that you designate the South - West Review as the legal newspaper for the City of Mendota Heights for the year of 1988. We ask that the designation be made at your first council meeting of 1988. I Legal publication rates for minutes of regular and special meetings, bids, etc., are $5.18 per column inch, $6.92 per column inch tabulated and $3.45 per column inch for each additional publication in 6 point type. Thank you for considering us as your legal newspaper during 1988. Very truly Yours N. Theodore Lillie Ray and J. Enright NTL/RJE-.bjm -t' Lidt RAMSEY COUNTY REVIEW- MAPLEWOOD REVIEW - OAKDALE-LAKE ELMO REVIEW- NEW BRIGHTON BULLETIN -SHOREVIEW BULLETIN i'EST. ANTHONY BULLETIN - SHOPPING REVIEW - ROSEVILLE REVIEW - SHOPPING REVIEW EAST CITY OF MENDOTA HEIGHTS MEMO December 28, 1987 TO: Ma City Council, and City Administrator FROM: Klayton Eckles Civil Engineer SUBJECT: Feasibility Report for Mendota Heights Road, Huber Drive, and the South East Area. Job No. 8519 Improvement No. 86, Project No. 1 Due to the impending development of the Southeast Area, it is necessary to plan for construction of Utility and Street improvements to serve the entire area. Mendota Heights Road and Huber Drive along with the accompanying utilities are proposed to meet these needs. This report will cover the costs of constructing utilities and streets, as well asIthe methods of funding these significant improvements. This report will refer to the different properties served by names which are most common. Thus the Eastern school property is referred to as the School site, the western one as the R-1 School property, the Easternlmost Riley Da e Centex/Putnam II) property, and the ,Western l a arcei as the Centex roperty. a community park property will be designated as dither Par or Park (II), depending on which Centex parcel it's on. Ut Streets drawing will be propose and Men Estates School the cos is assn necessa increas southea served Park (I Drawing shows w install Llities, including Sanitary Sewer, Watermain, Storm Sewer, and will be installed as part of this project. The attached shows the proposed layout for all utilities. Sanitary sewer installed in order to serve the Centex (I) property and the I city Park (I) property. Trunk Watermain and Streets (Huber iota Heights Road) will be constructed to serve Hampshire l the Centex (I) parcel, the Centex/Tandem (II) parcel, the t-1*property, and the Park (I) and (II) properties. Note that : of streets does not include any Right of Way costs, because it led that the School district and developer will dedicate the .y land. If the land isn't dedicated the cost of streets will i. Storm sewer will be constructed to serve the entire ;t area, because trunk storm sewer is required. The parcels )y storm sewer include: Centex (I), Centex/Tandem (II), City and (II), both school parcels, Opus, Butler, and Irving/Clark. 1 shows how all utilities are to be constructed and Drawing 2 rich parcels are served. The table below shows the cost to the utilities. Sanitar Waterma Storm S Street Grading Sewer $87,580 $175,770 er $254,240 $489,760 $45,000 Total Project Cost $1,052,350 Assessments will be split according to the benefit received, which is calculated using the gross area of the property served. Thus all assessmentsin this project will be assessed by the area or cost per acre, since: all utilities could be considered trunk utilities. The table below shows the amount of property served by each utility, and the attached Drawing 2, shows the properties to be assessed. t/ Property. Hampshire Centex(I) Park (I); Centex/Tandem (II) Park (II) ' School Property School R-1{ Opus 'I Irving/Clark Butler Glewwe TOTAL Acres served by Sanitary Water - 52 45 45 25 25 - 37 9 32 2 72 200 each Street 52 45 25 37 9 32 200 utility Storm 45 25 6* 8 46 11 7 2 159 All sanitary costs will be assessed. Due to the necessity of oversizing,the watermain, the oversizing costs should be charged to water revenue fund. This would amount to $38,140. MSA will cover most of the street and storm sewer costs, but some costs should be assessed. It is proposed that MSA pay for as much storm sewer as possible under MSA guidelines. This amounts to $121,320, thus the remaining 124,240 should be assessed. It is proposed that the cost of a normal size street be assessed, and MSA cover the oversizing and extraordinary costs. JUsing these adjustments, it will be necessary to,assess $702,790. The Balance of the $1,052,450 project cost will be covered by water; revenue and MSA. Chart below shows the assessment rates per acre. Sanitary Sewer Water/Street Grading Storm Sewer $1,216.39 $2,186.45 $225.00 --�, $801.55 Using tese rates the following apportionments apply: Property Street & Storm Grading sanitary Total Watermain Sewer Hampshire 113,695 -- 11,700 -- 125,395 Centex 1 98,390 36,070 10,125 54,737 199,322 Park 1 54,661 20,039 5,625 30,410 110,735 Centex/Putnam 11 80,899 10,850 8,32.5 -- 100,074 Park 11 19,678 2,639 2,025 24,342 School Site 69,967 6,412 7,200 83,579 School R-1 -- 33,665 -- 33,665 Opus 8,817 8,817 Irving/Clark 7,214 7,214 Butler 5,611 5,611 Glewwe 1,603 2,433 4,036 TOTAL ASSESSMENT i $702,800 Note that the Park properties are shown as being assessed. Actually the Community Park properties will not be assessed, but it's proposed that the proposed amount of the assessment be considered as a City contribution to the project. This will offset the highassessment rates that would occur if the park property were not included. In actuality the Park does receive benefit from this project so the City participation is justified. The funds to cover this City aid will be easily attainable, because there will be some excess MSA funds that can be used to offset all the City contribution. In the event that the proposed community park did not develop, but instead the property is developed for residential use, the City contribution would instead be assessed to the property. Thus, the property would pay it's fair share of the utility and street costs, the amount of the assessment being exactly the same as the amount proposed in the table above, for parks. With this arrangement, either scheme of proposed park land development (park or residential) will pay the fair share of utilities. Staff recommends Council approve the feasibility report and order a public hearing to be held February A-, 1988 at 7:45 P.M. 4 -Ti oCiNaa*91$A$ 0.21 C If Council concurs with the staff recommendation they should pass a motion adopting Resolution No. 88- , RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE THE SOUTHEAST AREA OF MENDOTA HEIGHTS (IMPROVEMENT NO. 86, PROJECT NO. 1). City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVE- MENTS TO SERVE THE SOUTHEAST AREA OF MENDOTA HEIGHTS (IMPROVEMENT NO. 86, PROJECT NO. 1) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed construction of the following improvements to serve the Southeast Area of Mendota Heights, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easementsin the areas hereinafter more particularly described. The construction of a storm sewer system including appurtenances and incidentals thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acqui- sition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly described. The construction of street improvements consisting of the acquisi- tion of easements and the grading, stabilization, drainage and bitumi- nous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minne- sota, and is more particularly described as follows: Land lying east of Dodd Road, west of Delaware Avenue'. north of 1-494, and south of Friendly Hills and Copperfield Developments. WHEREAS, in said report said City Engineer reported that the proposed improvements and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby re- ceived. 2. That ,_,public hearing on said improvements be held on Tuesday, February.,i, 1988 at 7:45 o'clock P.M. at the Mendota Heights City Hall 750 South Plaza Drive in the City of Mendota Heights. 3. That the City Clerk,,with the aid and assistance of the City Attorney, be and is hereby authorized and directed to prepare a notice of said hearing and to cause said notice to be published and mailed to the owners of the property situated within said area, all in accordance with applicable Minnesota Statutes. Adopted by the City Council of the City of'Mendota Heights this 5th day of January, 1988. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor I ATTEST: I Kathleen M. Swanson City Clerk I CITY OF MENDOTA HEIGHTS MEMO DECEMBER 22, 1987 TO: Mayor and City Council I FROM:; Kevin City Administrator f SUBJECT: Parks Bond Referendum With the southeast area plans now completed, and a signed agreement in place for purchase of the southeast area athletic complex, we need to begin thinking about a date for the referendum, as well as how the program will be promoted. The staff does not have any particular feelings or recommendations on -the topic, but has scheduled this on the agenda, so that Council can begin to have some discussion about how it wishes to proceed, and direct staff accordingly. KDF:madlr CITY OF MENDOTA HEIGHTS MEMO December 17, 1987 _o� TO: Mayor, City Council and Cit ,q)r at or FROM: Tom Knuth Senior Engineering Technician SUBJECT: Sewers, Water, Streets Feasibility Report Sibley Heights Job No. 8711 Improvement No. 87, Project No. 5 DISCUSSION: The following constitutes a feasibility report for the proposed con- struction of sanitary sewer, storm sewer, watermain, and street improvements to serve Sibley Heights. The subdivision consists of approximately 12 acres, divided into 24 lots. The Developer intends to site grade the entire plat including building pads, streets and drainage swales, and has already begun to remove excess common excavation. The Developer's engineer is in the final stages of filing the finished plat following the vacation of excess right-of-way for Warrior Drive (see November 13 memo from Public Works Director), and having title revert to Mr. Richard Bjorkland, the Developer. UTILITIES There are existing utilities in Warrior Drive which will be intercepted to serve this subdivision. Work could begin in late spring following completion of the site grading by the Developer. The attached drawings show the layout of the proposed construction. I Sanitary sewers will consist of approximately 1060 lineal feet of mains and 24 lot connections. The estimated costs for sanitary sewers is $72,000. Watermains will consist of approximately 1,100 lineal feet of ductitle iron main and 24 - 1" copper service connections. The estimated cost for watermains is $58,800. Storm sewer runoff for the entire subdivision will be collected and directed to the existing Warrior Drive system, including a small reten#ion basin located at the southwest corner of the plat. This will reduce erosion in the drainage swale along the west and south property lines. Costs for the 740 feet of 12" and 15" concrete pipe and catchbasins will be approxi- mately $33,600. Streets will consist of the City's standard 30 feet wide, 7 ton driving surface, with concrete curb and gutter and will feature two cul-de-sacs and an eyebrow. Estimated costs for the approximately 1,200 lineal feet of streets will be $72,000. Cost Summary - including overhead, fees and contingencies: Sanitary Sewer $ 72,000 or $3,000/Lot Water 58,800 or 2,450/Lot Storm Sewer 33,600 or 1,400/Lot Streets 72,000 or 3,000/Lot Estimated Total $237,600 $9,900/tot ARRR9RMRNT The Developer has requested that the assessments be divided equally among all the 24 lots which would be approximately $9,900 per lot. This is on the low side of recent assessments for improvements, but the lack of any difficulties in design and the fact that Warrior Drive brought street and utilities right up to the site earlier (the site has already paid its assessments for Warrior Drive and its utilities) account for the lower assessment costs). RECOMMENDATION: Developer has petitioned the City for public improvements, and staff has completed the attached study showing that such improvements are feasible and recommends construction of the streets and utilities to serve Sibley Heights as shown on the attached drawing. ACTION REQUIRED: If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 88- , RESOLUTION ACCEPTING ENGINEER'S RE- PORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE SIBLEY HEIGHTS (IMPROVEMENT NO. 87, PROJECT NO. 5). U City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 88 - RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREETS TO SERVE SIBLEY HIEGHTS SUBDIVISION (IMPROVEMENT NO. 87, PROJECT NO. 5) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed construction of the following improvements to serve Sibley, Hieghts Subdivision, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and ease- ment in the areas hereinafter more particularly described. The construction of an extension to the City's storm sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and ease- ment in the areas hereinafter more particularly described. The construction of an extension to the City's water distribution system, including appurtenances and incidentals thereto, and the ac- quisition of easements, and the reconstruction where necessary of streets and easement in the areas hereinafter more particularly des- cribed. The construction street improvements consisting of the acquisition of easements and the grading, stabilization, drainage and bituminous sur- facing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly des- cribed. WHEREAS, Mr. Richard Bjorkland, developer of the property, has heretofore in writing petitioned the City Council of the City of Mendota Heights request- ing the above described improvements and in said petition requested that the entire cost of said improvements be assessed against said property; and WHEREAS, the City Engineer reported that the proposed improvement and con- struction thereof were 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: Sibley Heights Subdivision 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 construct the above described improvements, and it is hereby ordered that said improvement be made. 2. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improvement. 3. That said improvement shall hereafter be known and designated as Improvement No. 87, Project No. 5. I Adopted by the City Council of the City of Mendota Heights this 5th day of January, 1988. CITY COUNCIL - CITY -OF MENDOTA HEIGHTS By. Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk 7 Mendota Heights Police Department MEMORANDUM DATE: 12/30/87 TO: Mayor and City Council City Administrator FROM: Chief of Police SUBJECT: Purchase of Department Vehicles Council has approved the purchase of two marked and one unmarked police vehicle for 1988. We are now requesting permission to go ahead with the purchase of those vehicles. We participate, with Ramsey County, St. Paul, and several other municipalities, in a joint purchasing agreement that allows us to buy off of a bid for a large number of police vehicles. The 1988 bids hhve been opened and the following represents the lowest base quotes for the three types of vehicles that were specified: Barnett Chrysler/Plymouth (Plymouth Grand Fury) 11,284 Haugen -Brown Ford (Ford Crown Victoria) 12,936 North Star Dodge (Dodge Diplomat) 11,312 Thane Hawkins Chevrolet (Chevrolet Caprice) 11,239 Our officers have used Ford, Chevrolet and Dodge squad cars in the past, and they are most pleased with the Chevrolets. With the "adds" and "deletes" that we require, the cost of two vehicles will total approximately $22,460. This is actually $425 less, per vehicle, than we paid last year. We also budgeted $9,000. for an unmarked vehicle that will be primarily used by Sergeant Wicks. It is our intent to purchase this vehicle from whichever leasing company that best meets our requirements and budget. A Alternatives were discussed with Council at budget preparation time. At that time the new system of squad purchase and rotation was approved. That Council approve the above requests. Approve the purchase of two 1988 Chevrolet Caprice squad cars from Thane Hawkins Chevrolet as per the Ramsey County bid, and the purchase of a used unmarked vehicle from a leasing company at a cost not to exceed $9,000. Mendota Heights Police Department MEMORANDUM DATE: 12/30/87 TO: Mayor and City Council City Administrator FROM: Chief of Police SUBJECT: Purchase of Portable Radio We are requesting permission to purchase a King portable radio from Communications Center at a cost of $755.89. v *6***0R Vlik$N" __- A'4W.T#r*NI3*dk4N' "19•e As part of the radio improvement project, we purchased King portable radios for each officer except Captain Lange. He has retired and Officer Currie has filled the subsequent vacancy. We budgeted $750 to purchase a radio for Officer Currie in 1988. Officer Currie is presently using a very old hand-held that is the same as the ones that Council recently ordered the Fire Department to get rid of. She needs a dependable radio and funds have been budgeted. The only alternative is for her to continue with the Wilson she has and, as Council has suggested, that is not acceptable. Approval of the expenditure of $756.89 for the purchase of a King LPH - 5141 UHF portable radio from Communications Center. CITY OF MENDOTA HEIGHTS' ' MEMO DECEMBER 21, 1987 TO: Mayor and City Council FROM: ;Kevin D✓iv9ol, City Administrator SUBJECT: AMM Legislative Contact Person Program Attached is a memo from the Association of Metropolitan Municipalities, concerning the AMM's new program of designating a legislative contact person in each of their member'cities. The purpose is to provide a "back home" contact with each metropolitan legislator, to promote AMM policies as relevant issues come up in the legislative session. As you can see, the AMM is requesting'that each city designate someone who can be readily available for contact by AMM, and to coordinate the contact with the legislators. Unless one of you has the time and a burning desire to perform this function, I would suggest that I be designated as the Mendota Heights contact person. This does not mean, however, that any and all of you can not get involved in contacting legislators. I have underlined in the fourth paragraph of the memo those priority issues that the AMM is going to use the contact program on this year. If you have a particular expertise and interest in those issues, or an on-going relationship with one of our senators or representatives, perhaps you would like to volunteer to do the contacting on that issue or with that particular person. CTION REQUIRED i If Council concurs with the discussion above, no formal action is required. However, "volunteer" to be involved in make that known. I KDF:madlr I attachment any of you who would like to contacting legislators, should • dh TO: Mayors, AMM Delegates, and Managers/Administrators FROM: Neil Peterson, AMM President and Bloomington Councilmember SUBJECT: AMM LEGISLATIVE CONTACT PERSON PROGRAM The Association of.Metropolitan Municipalities Board of Directors has initiated a new program to enhance the AMM's Lobbying effort on key legislative issues. The backbone of this program is to establish a Legislative Contact list of at least one local elected or appointed official from each member city. The program will be coordinated by an intern working about 20 hours per week during the,legislative session and a Legislative Coordinating Committee (LCC) of the Board of Directors., It is hoped that a quick action notice and direct legislator contact by a constituent local official to augment AMM staff contacts will prompt more favorable results for certain key issues. It is anticipated that four or five regional type breakfast meetings will be held around the metro area in January or early Februai,y to discuss the major issues with local legislative contact persons. Issue briefing papers will be provided along with some discussion on the most appropriate methods of contact. A calling chain and reporting system will be established by the coordinating intern. Major issues will be approved by the Board of Directors in early January but will most likely include among others Transportation Funding, LGA/LevyLimit, Fiscal Disparities, Property -Tax Reform Land Use Controls, Economic -Devela pwent and Metr-o-2olitan Funds— The process ocess should be flexible enough to add and subtract issues if necessary. ACTION REQUESTED: Please review the attached Contact Person Position Description and; 1. Choose a city official to be that individual. 2. Let Carol, Vern, Roger,know who has been designated by December 31, 1987. We are hoping that every AMM city will participate in this new effort to achieve a greater impact level. Just as local officials need to hear directly from constituents occasionally, so do legislators. If you would like any additional information, feel free to call Roger Peterson or Vern Peterson at the office 227-4008. 183 university avenue cast, st. haul, minnesota 55101 (6 12) 22`7-5600 JOB DESCRIPTION: LEGISLATIVE CONTACT PERSON PRIMARY OBJECTIVE Assist the AMM staff in providing effective lobbying on various city issues by contacting legislator(s).in a timely fashion through calling and one on one meetings as appropriate. POSITION RESPONSIBILITIES Meet with AMM Legislative Coordinating Committee (LCC), Legislative Coordinator, Executive Director, and Director of Legislative Affairs at least once per session for issue briefings and operation discussion. Thereafter, meet as needed. Brief City Council on AMM priority policies and get official city endorsements of such policies. Inform AMM Staff as to City and Legislator positions on AMM policies. I Develop sub contact system on.an issue basis within contact city using various council or staff persons that may have a unique interest in a particular topic or a unique relationship with a key legislator. Contact Legislators or cause contacts to be made by others to discuss AMM priority policies prior to the start of the session. Make or cause to be made follow up contacts with legislators when asked to do so by the AMM staff or the LCC.. Continually and as appropriate, make staff aware of progress of contacts especially pro or con comments by legislators on the subject issues. Participate in calling chains of city contact persons as developed by the Legislative Coordiantor. DESIREABLE QUALIFICATIONS An official that has an existing rapport with the targeted, legislator. An official that has freedom to make contacts during the day. CITY OF MENDOTA HEIGHTS MEMO DECEMBER 17, 1987 TO: Mayor and City Council FROM: Kevin Dy�� ll, City Administrator SUBJECT: Claim of Boring, Inc. By the attached letters, you can see'that Boring, Inc. has rejected the City's offer to settle the contract dispute for an amount of $3,000. This item is being scheduled for a closed session at the end of the January 5 agenda, so that -Council can give further direction to the City Attorney on how it -wishes to settle the claim. KDF:madlr attachments M f WINTHROP Sc WEINSTINE Mr. Kevin Frazell ATTORNEYS AND COUNSELORS AT LAW TELEPHONE 18121292-8110 SHERMAN WINTHROP City of Mendota Heights ROBERT R. WEINSTINE Mendota Heights, Minnesota 55120 j RICHARD A. NOEL Re: Claim of Boring, Inc. ' ROGER D. CORDON 1800 CONWED TOWER TELECOPY 16121292-9347 STEVEN C.TOUREK ' Mr. Huber has STEPHEN J. SNYDER I would suggest that this matter be placed at the end of the agenda for the HART KULLER 444 CEDAR STREET DAVID P. PEARSON Very truly yours, THOMAS M. HART IV WINTHR P & WEINSTINE DARRON C. KNUTSON SAINT PAUL, MINNESOTA 55101 hom M. Hart JOHN A. KNAPP MICHELE D. VAILLANCOURT TMH/jl STEPHEN B. YOUNG DAVID E. MORAN. JR. i COUNSEL DONALD J. BROWN SANDRA J. MARTIN JON J. HOGAN SON GARY W. SCHOKMILLER JAY R. NAFTZGER TODD B. URNESS SCOTT J. DONGOSKE WILLIAM O. HITTLER PETER J. GLEEKEL December 14, 1987 PAUL B. JONES ROBERT S. SOSKIN JEFFREY W. COOK EDWARD J. ORE NTTEL DANIEL C. ADAMS JEFFREY R. ANSEL JEFFREY N.5AUNOERS t LAURIE A. KNOCKE WILLIAM F. MOHRMAN KENNETH D. ZIGRINO I _ JULIE K. WILLIAMSON JAMES P. PETERS MARK T. JOHNSON BROOKS F. POLEY PATRICIA I. REDING Mr. Kevin Frazell City Administrator City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 j Re: Claim of Boring, Inc. Dear Kevin: 1 1 I am enclosing herewith a copy of a letter from attorney Robert Huber, rejecting the City's officer to settle the claim of Boring, Inc. for $3,000. Mr. Huber has requested that the matter be reconsidered by the City Council. I would suggest that this matter be placed at the end of the agenda for the first meeting in January. Please don't hesitate to call should you have any questions. Very truly yours, WINTHR P & WEINSTINE By- ; hom M. Hart TMH/jl Enclosure i brown &L c..s Inc. East Frontage Road of 1-35 19740 Kenrick Ave. Lakeville, Minn 55044 Phone 612-469-2121 Mr. Jim Danielson, P.E. City,Engineer City -Hall, 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear P•ir. Danielson; Wayne E. Brown Arnold K. Christensen . Donald Page December 11, 1986 Re: `_'orkton, Centre Pointe South Utility and Street Improvement Our Job No. 707 Enclosed is a copy of aletter of request from Boring Inc., our sub -contractor on this project, asking for an adjustment in the price of furnishing and installing 24" steel casing, inlieu of the 12" steel casing as shown on the plan drawings. Per Boring Inc. request, and without additional markup on our part, we respectfully request an increase in the bid item for the casing installation of S20.00 L.Y. 'for the 158 L.F. of 24" casing installed plus his original bid to us of $54.00 L.F. for the 55 L.F. of 12" casing originally installed and subsequently abandoned because of unforeseen boulders which they encountered. Boring Incorporated's request for this increase thus amounts to a total of $6,130.00. We can not speculate as to why so many boulders exist in the area of the two borings. Our soil borings taken during the preparation of our bid , showed no boulders on the south side of Highway 110. Perhaps these boulders were placed as fill in the construction of the highway many years age, as it is certainly not indicative of the native soils in the area. Because of these unexpected boulder obstructions, Boring Inc. and our firm have experienced unexpected costs and lengthy delays in constructing these bored crossings, far in excess of the $6,130.00 extra compensation we are requesting. Please give this request your consideration and let me know at your -earliest convenience if an increase in this item will be allowed. Thank you. Yours truly copy: Peter Costa Donald R. Page Boring Inc. Brown & Cris, Inc. � "An µd Or�.rl�wlf y 1..1. y.r" •'ha� yM. T. FABYANSKE GERALD L. SVOBODA MARK W. WESTRA RICHARD D. HOLPER ROBERT L. DAVIS MARK C. PETERSON JEREMIAH J. KEARNEY ROBERTJ.HUSER JAMES F. CHRISTOFFEL SCOTT LLOYD ANDERSON THOMAS L. BIRD CHRISTOPHER A. ELLIOTT MARY M. BIERKAMP JEFFREY C. PAULSON PAUL L. RATELLE DEAN B. THOMSON �1_ ` `` t I t �, . t• S ... l FABYANSKE, SVOBODA, WESTRA, HOLPER & DAVIS A PROFESSIONAL ASSOCIATION 1000 MINNESOTA MUTUAL LIFE CENTER 400 NORTH ROBERT STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE 612-226-0115 TELECOPIER 612-226-0734 1150 INTERNATIONAL CENTRE IL 920 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-336-0115 TELECOPIER 612-336-3657 Mr. Thomas Hart WINTHROP AND WRINSTRIN 1800 Conwed Tower St. Paul, MN 55101 Re: Dear Mr. Hart: December 3, 1987 Mendota Heights GARY C. EIDSON IN V. ELIS RECEIVEUNCENT W. LKING KYLE E. HART GARY F. ALBRECHT DEC O 7 1987STEVEN W. MEYER GORDON I. GENDLER THOMAS M. HARTMARK J. KALLA JOHN R. McDONALO THOMAS R. OLSON JUDITH E. KROW HOLLY A. RATHS KAREN M. EDWARDS JEFFREY C.APPELOUIST REPLY TO: St. Paul I am"writing on behalf of Boring to reject the City's offer to settle this matter for $3,000. As noted in Don Page's December 11, 1986, letter to Jim Danielson (copy enclosed) and my October 28, 1987, letter to you, Boring's extra costs far exceeded the $6,130 originally claimed. The original claim, which included only the extra materials costs, was a substantial discount offered as a compromise in order to facilitate settlement. Other extra costs include $5,600 in labor (40 hours x $40/crew hour) and a $1,550 backcharge from Brown & Cris for delay, for a total of $7,500. Boring's $6,130 offer was, in effect, an offer to split the extra costs caused by the unanticipated conditions. This offer was more than fair given the law, yet the City is trying to halve it yet again. Since the City was unwilling to accept the substantial compromise offered, Boring is hereby amending its claim upward by $7,500 to $13,730. Despite the claim amendment, however, Boring remains willing to settle for $6,130. I have reviewed the subsurface report sent by the project engineer. Because nothing in the report indicates the conditions encountered by Boring, the report contra-indicates the conditions and supports Boring's claim. Mr. Thomas Hart Page Two December 3, 1987 1 Would you please ask the City to put the claim on the agenda for its next meeting. Sincerely R(Ibert r. Huber RJH/bhl (4427h) Enclosures cc: Peter Costa Donald Page