Loading...
1994-11-15n CITY OF b�NDOTA HEIGBTS DAKOTA COIINTY, MINNESOTA AGENDA November 15, 1994 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Coasent Calendar a. Approval of Minutes of the Special Meeting City� �'L�. � Council/Planning Commission Workshop Held Oct�ber �, 1994. b. Acknowledgment of the unofficial NDC4 Meeting Minutes for October 5, 1994. I c. Acknowledgement of October Treasurer's Report. d. Approval of Leave of Absence Request for Mario Reyes. e. Approval of RSSOLIITION NO. 94-77 - A Resolution Accepting Work and Approving Final Payment City Hall Construction. f. Approval of RESOLIITION NO. 94-78 - A Resolution Accepting Work and Approving Final Payment Architectural Services for City Hall. � Approval of RSSOLIITION NO. 94-79 - A Resolution � v E abl' h' * 5. � st is ing Rules And Rental Fees For Use Of Ci�y Parks And Property. h. Acknowledgement of Information on Insurance Coverage for 1995. i. Acknowledgement of Report on 1994 Summer Under the Sun (Formerly Summer Adventure). j. Approval of the List of Contractors. k. Approval of the List of Claims. l. Acknowledgement, of Park and Recreation Meeting Minutes for November �, 1994 End of Consent Calendar Publlic Comments IIafinished and New Business , � a. Bond Sale Award $1,300,000 G.O. Revenue Bonds. b. Bond Sale Award $290, 000 Equipment Certificates. ��,�ie�u�-�y. c. i CASE NO. 94-33: General Pump, Inc. Variances. `�" d. I�' Discuss PrimeNet Data Systems Site Plan Modifications. ** e. Discuss �rime Net Data Systems Tax Increment Agreement � f. Discuss Mathern Townhouse Development Proposal and Acquisition of Adjacent Site. g. Discuss Kurtz Parcel Assessment Waiver Request. h. Consider Feasibility Report for Reconstruction of Streets in the Friendly Hills, Pagel Road and Hazel Court Areas - RESOLIITION NO. 94-80. i. Consider Lilydale Storm Water Project #1 Riverrain, Riverwood & Lilydale Townhomes - RESOLIITION NO. 94-81. j. Discuss Lexington/Marie Pond Dredging Project. k. Consider Submittal of Mendota Heights Road Speed Reduction Request - RESOLIITION NO. 94-82. 1. Discuss Possible Landscape Improvements to Ivy Hills Park. m. Discuss City Response to MSP Long Term Comprehensive Plan. 7. Council Comments 8 . �id j ourn Auxiliary aids for disabled persoas are available upon request at least 120 hours ia advaace. If a aotice o£ less thaa 120 hours is received, the City of Meadota Heights will make every attempt to provide the sids, however, this may aot be possible oa short aotice. Please contact City Administratioa at 452-1850 with requests. � � CITY OF MENDOTA HEIGHTS MEMO � 1 ; � November 15, T0: 1 Mayor, and City Council FROM: i Tom Lawell, City Administrato i 4 �SUBJECT:� Add on Agenda for November 15, 1994 � i i � ' One item (41) has been added to the agenda (*). Addi information has been submitted for item 6e (**). , ,3. Agenda Adoption � It;is recommended that Council adopt the revised agen ! � printed on pink paper. I � '41. Acknowledaement of Park and Recreation Meeting Minute ; See attached minutes. 6e. See attached corrected pages for Prime Net Data Sys contract for private development. i 6 1994 tional � �� ,�.>, 5 r . . •� � r•: CITY OF MENDOTA HEIGHTS DAROTA COUNTY, MINNESOTA AGENDA November l5. 1994 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Consent Calendar 5. 6. a. b. c. d. e. f. g• h. i. J• k. Approval of Minutes of the Special Meeting City Council/Planning Commisaion Workahop Held October 29, 1994. Acknowledgment of the unofficial NDC4 Meeting Minutes for October 5, 1994. j Acknowledgement of October Treasurer's Report. Approval of Leave of AbsenCe Request for Mario Reyes. Approval of RESOLIITION NO. 94-77 - A Resolution Accepting Work and Approving Final Payment City Hall Conatruction. . Approval of RESOLIITION NO. 94-78 - A Resolution Ac iepting Work and Approving Final Payment Architectural Services for City Hall. Approval of RE50LIITTON NO. 94-79 - A Resolution Establiahing Rules And Rental Fees For Use Of City Parks Anci Property. Acknowledgement of Information on Insurance Cover�ge for 1995. ' Acknowledgement of Report on 1994 Summer Under the Sun (Formerly Summer Adventure). Approval of the List of Contractors. Approval of the Liat of Claims. End of Consent Calendar Public Comments IInfinished and New Business a. b. c. d. � Bond Sale Award $1,300,000 G.O. Revenue Bonds. Bond Sale Award $290,000 Equipment'Certificates. i CASE NO. 94-33: General Pump, InC. Variances. Discuss Prime Net Data Syetems Site Plan Modifi e. Discuss Prime Agreement. Net Data Systems tions. Tax Increment - f. J• h. i. 7• i Discuss Mathern Tawnhouse Development Proposal Acquisition of Adjacent Site. Di�cus� Kurtz Parcel Assessment Waiver Reque�t. '*�, �. 7�F ��. aT2C� y � � Cansider Feasibility Report for Reconstructian of Streets in the Friendly Hills, Pagel Rcaad and Hazel Court Areas - RE50LIITION NO. 94-80. Consider Lilydale Storm Water Project #1 Riverrain, Riverwood & Li.lydale Townhomes - RESOLIIT�ON NO. 9�4-81. Discus� Lexington/Marie Pond Dredging Project. k, Consider �ulamittal of Mendata Heights Road Speed Reduction Request - RESOLUTION NO. 94-82. 1. Di�cus� Possible Landscape Impravements to Ivy Hills Park. m. Di�cuss City Response to MSP Lang Term Comprehensive Plan. 7. Cauncil Comments 8 . Ad j ourn Auxiliary aids �or disabled persons are available upon request at 1.east 124 hours in advance. if a natiGe a� less than 120 hours i� received, �he City of Mendo�a 8eights will make every atteawpt to pravide the a�.ds, however, this may a�at be possib7.e on shor� no�ice. Pleage contact City Admir�is�ration at 452-1850 wi�h requests. i CITY OF MENDOTA HEIGHTS DAROTA COIINTY STATE OF MINNLSOTA Miautes of the Special Meetiag City Couacil/Plaaaiag Commissioa Workshop October 24, 1994 {Pursuant to due call and notice thereof, the special meetin City Council and Planning Commission, City of Mendota Heig] held at� 7:00 o'clock P.M. at City Hall, 1101 Victoria �Mendota Heights, Minnesota. 4 Mayor Mertensotto called the meeting to order at 7:00 o'cli �The following members were present: Mayor MertE 'Councilmembers Koch, Huber, Krebsbach and Smith. l Commissi.on Members: Tilsen, Dwyer, Betlej, Roll, Lor� Duggan and Friel. Also present were City Administratorl �Public �Works Director Danielson, Administrative AE ;Batchelder, Planner Uban and Associate Planner Duan. � � HIGSWAY ' 55/HIG84�AY 110 LAND IISL STiJDY Mayor Mertensotto made introductiona around the ; Administrator Lawell stated that Dahlgren, Shardlow � ; had been retained to conduct a study of the Highway 55�j 110 Corridor and that Phase I of the Study has essE � been completed. Uban stated the purpose of tonight's � ' is�to present findings from DSU's initial research Corridor, as specified in the contract. I Planner Uban introduced Hongyi Duan and stated she i. a the firm. , - � ; Using slides and overheads, Uban discussed their fi�c � of the ts, was Curve, �ck P.M. nsotto, lanning erbaum, Lawell, sistant table. d Uban ighway tially on this new to of � the Corridor Study to date. Uban stated the bridge is a very � important river crossing and that at one time the Mendota ! Bridge was the main link between Hennepin and Dakota Counties � prior to the construction of the I-35E and I-494 bridges. He stated this bridge creates a strong focus in Mendot� Heights and that this is the ma.jor link for Highway 55 from Minneapolis to Rochester. Ub� n outlined the Garron site and its location. He stated the City had been contacted by developers who had exp `eased an interest in corporate office or multi-family housing for the Garron site. He stated this will be a signature `site for Mendota Heights and that it possesses great views of the river valley. Uban demonstrated how the highway right-of-way slopes away from this property and stated there is a lot of opportunity for a parkway setting with plantings, seedings and an attractive landscaped right-of-way. Uban stated meetings had also been held with representatives from Acacia Cemetery and they had indicated an interest in selling some of their property for development. Uban described Acacia's entrance off of Pilot Knob Road. � Planner Uban highlighted the discussions with Catholic Cemeteries, who own Resurrection Cemetery. Uban stated that Highway 13 is now a frontage road and comes very close to Lake Augusta and provides views as it passes this area. Uban stated that Catholic Cemeteries has indicated an interest in expanding the use of their land and are considering a public/private concept. He stated that Catholic Cemeteries had indicated an interest in exploring ways of looking at surplus land that will not be used for future cemetery. Uban stated that Catholic Cemeteries is currently in the midst of their own master plan. He indicated they have mentioned bus routes as a service that is lacking for their customers. Uban stated the Lexington/Highway 110 intersection is also a part of the study and described how the southwest corner is currently vacant. Uban discussed the SOS/Curley property and some of the recent proposals that had been made by developers to staff. Uban described other opportunities that exist besides Acacia and Garron, in particular, some of the vacant land that is south on Highway 55. Uban described the new Highway 13 intersection and stated the new section of Highway 13 from Highway 55 to Eagan should be revisited as part of this planning process. Uban pointed out some residential structures along this corridor and some of the outside storage and truck dock concerns. Uban stated that the landscape plan on the rear of the Hudson property is still being worked on by City staff with Hudson Company. Uban described the mess at the McNeill property and City staff's attempts to enforce some clean up activity. Uban stated the LCS Metal Company ought to provide more screening along Highway 13. Uban described the Mendota Heights Road/Highway 55 intersection and the Northland Plaza plat. Uban also described the Pilot Knob Road/2-494 intersection and stated that United Properties considers this the main entrance to the Industrial Park. Uban stated that United Properties has always considered the property on the corner to be an ideal location for a restaurant and convenience, convenience/gas store, however, United Properties stated there are "not enough roof tops" to provide more than just a lunch time business at this location. Uban returned to a discussion on the Garron site and stated this site could work very well for the City as a gateway signatu�e entrance but that it is going to requi patience, some public/private partnership and so� pl �nning . Uban discussed traffic information in the Corridor anc that recent MnDOT projections show that traffic is �; � less than from their earlier projections. Uban highl: ; land owner map and a comprehensive plan map. Uban sta� , the motel and��the greenhouse in the B-3 District ha , visibility and access as the highway has been lowered � ' of ,their location. {' � Uban highlighted the zoning for the Corridor sites � stated the Garron site is currently zoned B-lA w Northland Plaza (MIST) site currently having a B-3 designation. Uban atated the B-3 zoning designation X a location for service type land uses, however, any dE locating service businesses here would need to look traffic counts, nearby residential base and how to business here. ; � , Uban outlined the airport runway systems and d� possible runway alternatives. Ub�n again emphasized that the projections on the counts are being lowered by MnDOT, probably bec,� interstate capacity. Uban again raised the issue of Y service base can Mendota Heights attract in the B-3 locations given the traffic counts and the residential� base. Uban stated presently most employees in the ino park using the Pilot Rnob/I-494 intersection and they a'couple miles south on Pilot Knob into Eagan t restaurants and convenience locations. Uban statedl. the Lexington/Highway 110 intersection has more resi base to support business services. � Uban outlined the vacant lands that have potential deve as'follows: . � 1.! Garron/Mulvihill site 2.: Western Resurrection Cemetery 3.j Lexington/Highway 110 Intersection 4' The Northland Plaza/Roger's Road area 5. George's Golf Range area 6.� United Properties/I-494 frontage The Planning Commission and City Council discuf assumptions used for the traffic counts. Planner Ub� that Highway 110 does more to service Mendota residents than Highway 55 which tends to be more traffic from southern Dakota County. Commission� questioned the rationale for the current R-3 zonin Acacia site. some good i stated �ctually _ghted a ;ed that Ve lost Ln front Uban Lth the zoning rovides veloper at the attract scussed traffic �use of .ow much zoning service ustrial can go :o find perhaps lopment sed the n stated Heights through :r Friel r on the Mayor Mer�ensotta sta�ed United Properties sees the xighway 110/Lexing�on business park as being apprapriate for ofiice/warehouse. Mertensotto stated the City should count on the Furlong neighborhood being there for a long time due ta the recent sound insulation program. The Mayor stated MAC wt�uid have baught au� Furlang ii the money� had e�rer been available. Planner Uban stated the Garron site has extremely goad view� and the western Resurrection site is in a prominent location along �he shores af Augusta Lake. Uban stated that as gateway locations, it would make sense to have corporate o�fice or high density residential in this area. Uban raised the issue that i� al1 oE Pi].ot Knob Road i� planned industrially, then will peaple want to drive through to ge� to the Garron site for residential housing. Uban stated the views are fantastic, however, the access must come from Pilot Knob Raad. The P1ann.ing Commission and City Council discussed the appropriateness o� housing in the Garron and Acacia locations. Sound attenua�ion in the Furlong neighborhood was also discus�ed. Mayar Mertansotto sta�.ed that whi2e United Praper�ies wan�s this land to go industrial, it may not be in the City`s bes� interest. Counc3lmember xuber stated a single tenant, quality carporate office on the Garron sa.te would be the best. Planner Uban stated this is a very visible location and pointed out a similar corporate office structure on the bluffline as you enter Eagan on I-494. Councilmember Rreb�bach s�ated the Ci�y mu�t protect the trees along the bluffline. She stated she would not be appased ta a quality townhouse project on the Garron aite similar ta the Strub development in Lilydale. Rrebsbach stated i� is important �o keep �he �ront of this praper�y treed. Krebsbach stated it would be in �.he Ci�.�r's best interest to de- industrialize �he look a3.ong Highway 55. She further sta.ted a�mall convenience/grocery/gas would work on the Northland Plaza �ite which is currently zoned B-3. Planner Uban stated it is importar�.t that City encourage re�orestation along the new highway right-of-way and �hat right naw is the time �o ask MnDOT to review their landscaping plan with the City. The Mayor atated the Czty need� to de- emphasize the industrial look the closer you get towards xighway 110. The Mayor s�ated that Acacia Cemetery wants to achieve the highe�t land use on their vacan� land but �hat again, industrializatian should be de-emghasized in this area. Councilmember Smith stated the northern end o£ Pilot Knob Road could �ie into the Highway �.7.0 land uses and tha�. the Garron si�.e could be pure of�ice. Commissioner Betlej �tated there is an access prob].em to the Garron site as there is no direct access from the highway system. Planner Uban stated the developers tha�. had met with staff and. I planner indicated the office market is not great righi the airport noise is an impact in this area. The Cou Commission discussed appropriate land uses for th� site. Mayor Mertensotto stated the Garron site coulc in�as part of the office complex south of Highway 1 Mayor stated this will take a long time to happen � market may not be there at this time. � ' Air noise attenuation was discussed. Councilmemb� � pointed out that the Garron site probably receives m � jet noise than overhead flight noise due to its loc � the bluffs. Smith stated that Acacia Drive is a b ' amenity to the cemetery and that it would be unfort place office/warehouse on either side of this roa now and icil and Garron be tied 0. The and the r Smith re back tion on autiful nate to .. She stated she felt this area of land ahould not be lused as intensely as the industrial land uses to the south. Councilmember Krebsbach agreed and stated that indust us's need to be minimized in the Acacia Cemetery ar Planner Uban stated a portion of Lake Augusta is ac the City of Mendota and he described the park activ se,'rvice possibilities along the frontage road ; location. Commissioner Tilsen stated that by saving providing good screening that light industrial wc along Acacia Avenue. Tilsen stated that tight, ; rules through zoning are needed to satisfy conce� vi�ual appearances in this area. ' Western Reaurrection was discussed by the Council Commission. Planner Uban stated that Catholic C� people had indicated a need for better business serv as�buses, gas stations and restaurants. Commission� stated it ma.kes sense to put this type of retail s� the Curley property at Lexington and Highway 110. stated that retail does not make sense further sout] of�Lexington and Highway 110 intersection. Planner�Uban raised the issue of business relocatic construction of the north/south runway. Uban stated should consider now whether we want freight termin< uses, or park and rides in Mendota Heights as these ; may wish to relocate due to new airport constructic stated that some businesses that will need to reloc� be�looking at our area. Uban stated United Propert: strongly that the office market is not strong in this that the offices south of the airport are currently � well and that the major locations for new office con; is� the western metro area, the southwestern metro downtown Minneapolis. The Council and Commiasion discussed Highway 110 as � design and what appropriate controls along Highway : be. The Council and Commission discussed office/war� Centre Pointe Business Park and were of a consensu: .1 land ually in ties and in this rees and �ld work a.bout and the :neteries ces such r Betlej rvice on Betlej or west n due to the City ls, taxi and uses n. Uban te might es feels area and ot doing truction �.rea and parkway 0 would �ouse in this is not an appropriate use at this time. Commissioner Duggan stated the City needs to amend its Comprehensive Plan. The Council and Commission discussed traffic counts in the Corridor and their accuracy. The Council and Commission discussed a possible six month delay in the land use study. Planner Uban recommended the City should continue to diacuss what they want in this area and plan for it before a developer forces the isaue. Uban stated it was in the City's best interest to narrow the possibilities of what could occur on these vacant parcels especially if the City desired a parkway along Highway 110. The Council and Commission directed the City Planner to provide two scenarios at the next workshop and a recommendation on appropriate land uses. Access issues along Highway 55 and sign visibility issues along Highway 55 were discussed. The Council and the Commission again discussed the parkway design along Highway 110 with office land uses along the southern boundary of Highway 110. The City Council preliminarily authorized ordered work to begin on Phase II of the study which will include a recommendation from the Planner about appropriate land uses at the next workshop between the City Council and the Planning Commission. The Council and Commission discussed the preservation of treed areas and the City's current tree protection ordinances. The City Council directed staff to look at the ordinance changes to address the preservation of trees for new development. STADIIIMS IN THE R-1 ZONE Administrative Assistant Batchelder stated the City Council had directed staff and the Planning Commission to begin work on possible Zoning Ordinance amendments to better control the addition of athletic stadiums in the R-1 zone and to provide some standards for their provision. Batchelder stated that one standard that had been discussed previously was to provide a setback of 1,000 feet or more from the nearest residential structure. The Council and Commission discussed the use of lights at the St. Thomas Academy Stadium and potential methods of enforcing limitations. Commissioner Friel stated there is no way to police the limitations placed on St. Thoma.s Academy unless the City required a license for lights on the nights an applicant would seek to use them. Friel stated under a licensure arrangement, there would be permit approval needed for additional nights beyond those specified in the license. The Commission discussed fields . � the licensure of lights at etic ' Commissioner Duggan suggested that City staff have a map to show where lighted fields could exist in the City. , Commissioner Friel stated athletic fields should not be , allowed to grow incrementaly in the City and that there needs ' to be language to distinguish between athletic fields�and the stadiums. � � The� Council and the Commission ; should be no lighted stadiums or parks. Commiasioner Tilsen also systems and to limit their use. � � came to a consensus there lighted ballfields in City suggested licensure for PA The� Council and Commission directed staff to standards for athletic fields and stadiums for the f factors: Distance and location Lights Parking Traf f ic Public address systems The� Council and Commission discussed the use of exterior materials such as concrete and that the Ai with Disabilities Act standard should be followec • Council�and Commission suggested that the St. Thomas stadium should be used as a standard for future faci: � The�Council directed staff to call a public hearing wh� , ordinance amendments are ready and to notify the � District. The Council directed staff to send a lette: � Thomas Academy about their use of lights. ; � CRITICAL�AREA ORDINANCis ; The; Planning Commission and City Council discus; � criteria which would trigger a review by Planning Cor j for�building permit requests in the Critical Area District . The Council and Commiasion discussed sight : , the! river valley. The Council and Commission d� requiring signatures of consent from neighbors b� modified site plan approval can proceed to City Counc: � Council.and Commission discussed a dollar limit or a: of being within 300 feet from the crest of the blu a trigger for the Critical Area Ordinance/Planning Con nsiaer lowing �,ertain :ricans The .cademy ties. � these School to St. ed the :nission �verlay ines in scussed f ore a l. The f as a nission The� Council directed staff to come back with su"ggested language on when a Critical Area Ordinance could proceed to Council and when it must have Planning Commission rev�.ew. ADJOIIRNMENT There being no further business, the Joint City Council/Planning Commission Workshop adjourned at 10:15 o'clock P.M. Respectfully submitted, Kevin Batchelder Administrative Assistant i S y � 0 NORTHERN DAKOTA COUNTY CABLE � COMMUNICATIONS COMMISSION � 5845 Blaine Avenue � � Inver Grove Heights, Minnesota 55076-1401 � 612/450-9891 FAX 612/450-9429 TDD 612/552-9675 i ' T0: � i FROM: ' RE: M E M 0 R A N D U M City Ma,yors and Administrators/Clerks: Inver Grove Heights Lilydale Mendota Mendota Heights� South St. Paul Sunfish Lake West St. Paul Jodie �filler, Executive Direct � NDC4 MEETING MINiITES AND AGENDA DATE: � 27 October 1994 � Enclosed is a copy of the UNAPPROVID minutes from the October 5, 1994 Northern Dakota County Cable Communications Commission (NDC4) meeting. Please distribute copies' of these minutes to your city council members. Also enclosed is a copy of the„ Agenda for the nest NDC4 meeting on Wednesday, November 2, 1994. Pleas �feel free to contact me at 450-9891 with questions or comments regarding the mi�nutes or other cable issues. Encs: � 1 � � � � � . r , I A FULL COF4MISSION MEETING October 5, 1994 rr � The September Commission meeting was called to order by Chair Geor! p.m. on{Wednesday, October 5, 1994. The Pledge of Allegiance M Tourvill.e announced that the telephone lines will be open through viewers �to cail with questions or concerns about cable television. Tourville at 7:0 recited. Chai t the evening fo 1. ROLL CALL - Members Present: Alvin Boelter, L. Collins, Henry Hovey, John Hube (7:25 p.m.), Jodelle Ista, Ed Mullarky, John 0'Brien, Mike� Sokoi, and Georg Tourville. Members Absent: John Lagoo, Jim Taye, and Richard Vitelli. Als Present: Brian Grogan, NDC4 Attorney; Fran Zeuli, Continentil Cablevision; an Joy Curtin and Jodie Miller (staff). 2. "�AGENDA = Motion 10.5.94.1 to adopt the Agenda as submitted seconded by M. Sokol, and unanimously carried. ' 3. CONSENT AGENDA - ; A)�Mesting Minutes: Motion 10.5.94.2 to approve the Septembe _ meeting minutes as presented was made by J. 0'Srien, second� unanimously carried. : B)�List of Claims: The List of Claims was presented for revieti � to' approve the List of Claims for the period 9/8/94 - 10/5 , 0'Brien, and seconded by E. Mullarky. H. Hovey inquired � NDC4's revenues and expenditures to date. J. Miller respond actual expenditures are under budget and that she will p�e; ' analysis of the budget at the next meeting. The vote was takei unanimously carried. _ � . � , � 4. NDCTV UPDATE - J. Miller �eported that the annual Producer ' will take place on Wednesday, October 26 at the NDCTV Studio. producers are honored for the volunteer efforts they make in pr ' fo`r r�Dc: acczss channels. There. wi 1�1 "be an Open House from 6: ; and a live ceremony, hosted by Katherine Lenaburg (Contin� i -representative on the NDCTV Board of Di rectors) wi T1 begin at mentioned that the Board appreciates the appointment of K. LE ' as'her involvement and contributions have besn numerous. 5. � REPORT FROM CONTINENTAL - F. Zeuli reported that Fall has busy time for Continental with many new cable hook-ups. Cont pe�rcent completed with deployment of fiber in the Northern DF -area. App�oximately 40 miles of fiber plant is being laid ar the project will be completed early in 1995 and activation second quarter of 1995. With the fiber, subscribers may expe quality and reliability and reduced maintenance. J. Miller made by J. Isia 7, 1994 Commissi by H. Hovey, a �94 wasv.made by �J . �out the status of :d that overall thE ent a year-to-date and the mation wa: ; Recognition Night This is a time wher �ducing p�ogramminc 30 p.m. - 8:30 p.m. ntal Cablevision'� :30 p.m. J. Miller iaburg to the Boarc �roven to be a ver nental is nearly 7 cota County servic i it is anticipate �f plant• during th �t enhanced pictur inquired about ho NDC4 Cortmission Meeting Minutes October 5, 1994 Page 2 fiber will affect compression and two-way.data transmission and whether quality of transmissions originating from the NDCTV Studio will also be enhanced. F. Zeuli responded that fiber is the technology that will allow two-way transmission; however, he was not certain if fiber would be used in transmissions coming f rom the studio that must travel to the head-end in St. Paul and be retransmitted from there to subscribers. G. Tourville inquired why there is a difference in volume between access channels and other channels. F. Zeuli responded tt�at volume varies according to point of origin and that the new converter boxes (which were demonstrated earlier in the evening) have volume control that will eliminate this problem. M. Sokol inquired why there was a decrease in number of miles of cable on the monthly report. F. Zeuli responded that he was not certain why the decrease took place but would investigate it. M. Sokol inquired if Continental's customer service representatives are telling subscribers there is a two-month wait before they can obtain a second converter box. F. Zeuli responded that it is anticipated with the arrival and approval by the Commission of the new converter boxes, the problem will be alleviated. G. Tourville asked about the status of line extension on Babcock Trail and in the Marcotte Lake areas in Inver Grove Heights. F. Zeuli stated he will check on the status of Continental's plans in these areas. J. Miller reported that she compiled a log of cable complaints received over the past year at the NDC4 office. (The log was distributed in meeting hand-outs.) She, suggested that Continental may wish to put together informational video segments that could show at specific times throughout the day with information for new customers, as well as explanations to some of the more commonly asked questions, such as why is there a wait list for additional converter boxes. F. teuli responded that he plans to continue hosting the Continental's monthly "Cable Talk" show beginning in November. G. Tourville inquired whether there would be any advantage with having separate shows for the NOC system and the St. Paul system. F. Zeuli agreed there may be, however at this point it would be simpler and less costly to cambine the two. Brian Grogan, Legal Counsel, advised that the log of complaints contains information of a personal nature and should be treated as confidential. An inquiry was made about theft of boxes. F. Zeuli responded that loss of boxes in this area is-consistent with other parts of the country. H. Hovey inquired about how l.oss of bQxes..�in the St.-Paul system compat-es with NDC • system. F. Zeuli responded he did not have the statistics at this time, and agreed to get and report them. • J. Ista inquired whether Continental increases its staff to handle workloads �� during busier times of the year. F. Zeuli responded that Continental does anticipate increased demand in services and begins training new customer service representatives two months in advance of these peak times. M. Sokol requested that the call log of camplaints be compiled on a quarterly basi's- and distributed to Commissioners prior to the meetings so particular problems can be noted and discussed with Continental's representative at the NDC4 meetings. One complaint concerned a person who had received conflicting information from Continental representatives regarding special promotions and ' � . NDC4 Commission Meeting Minutes j October 5, 1994 jPage 3 � and offers.• M. Sokol inquired whether Continental offers different service � promotions to different service areas. F. Zeuli responded that Continental's , marketing efforts do vary from neighborhood to neighborhood. Di�fferences in costs of �offers between St. Paul and NDC are based on the differen le in costs of the �� services between the two systems. � , J.;Miller noted that recently she received a couple of com� charging late fees. The complainants' claims that the lai ' Continental is an unreasonably high percent of the bill w 1 interest rates charged by credit card companies. B. Grogan e, fee charges are regulated by customer service rules in the fra : reasonably related to the actual administrative costs that the ' follow up on collection of the bill. The $5 fee being charged � likely at or below the industry standard. laints concerning e fee charged by ien compared with plained that late �chise and must be company incurs to by Continental is .. . L.�Collins no,ted that she has received c.omp.laints from people regarding the difficulty trying to get through to Continental after hours. F. Zeuli responded ; that there is an answering service that takes calls after hours and that he should , be��made aware of these problems so he can follow up with the answering service � operators to inquire why delays occur. � 6. CITIZEN COMMENTS - G. Tourville introduced Mabel Rys and Betty � St.' Paul who were present at the meeting to observe and commen� Ms ' Rys commented that she preferred to have somethi ng other tha ' Cable Access St. Paul on the NDC Local Origination Channel 43. her frustration with trying to subscribe to cable televis� inordinate amount of time being put on hold, not receiving cal � to use the features of her television with cable. She felt it , try to sign up for cable and some of the advertising was misle� , reluctancy to honor coupons that were presented. F. Zeuli believed she was subjected to very poor customer service and tl ; valuable to know so that he can begin making corrections to im 1 � � , A. .Boe represE , tel:ephc , - Conimi s: , that tf ' Cont i nE � criter� � next 9i i enforc� of poor � Sokol : � appear: � Con't i nE -.- 90-j95 E own; pe hav;i ng te r commented that i t' s rout i ne to wai t on the te 1 epl ntatives when dealing with utility companies such < ne companies. B. Grogan pointed out however, that near ion �took siEFs to �adopt the FCC's new� customer �service si e Continental phones be answered within 30 seconds amor ntal has the burden to prove to the Commission that thE a. M. Sokol commented that he would like to monitor cc � days, and if there are no improvements the Commiss ng customer service standards. F. Zeuli stated that he f telephone response time are exceptions, although none a tated that the complaint log should be reviewed again in that a pattern is developing regarding a certain type c ntal be required to show statistics that will prove the ercent conformity with customer service standards. H. �sonal experience with not receiving call backs, being general difficulty communicating with Continental. Miller fram South , on cable issues. � programming from ds. Miller related on, including an backs, inability was a struggle to ,ding because of a responded that he �is information is �rove the service. ione to talk with is the power and �1 y a year ago the �andards requiring ig other criteria. y are meeting the mplaints over the !on should pursue �lt these examples re acceptable. M. I 90 days and i f i t f complaint, that `y are meeting the Hovey related his Iput on hold, and r NDC4 Commission Meeting Minutes October 5, 1994 Page 4 J. Miller announced that a tape will be playing throughout the reviewed the tape, and F. Zeuli possible 2- 3 weeks prior to th pramoting live month on the agreed to use e election. coverage of the local elections access channels. Commissioners it in cross channel promotion if At approximately 8:45 p.m. a caller inquired about the use of Channel 43 for the Cartoon Network. It was explained that the demand for another channel has been considered during negotiation discussions with Continental. F. Zeuli complained that he believed it was not in the best interest of the customer for the Negotiation Committee not to accept Continental's offer regarding the LO channel issue (explained in Item 6 below) and to f ree up a channel that would ailow another cable service, such as the Cartoon Network would be more desireable. J. Huber responded that given the study of the Negotiation Comrnittee and their findings of vast discrepancies between values of services being gained and lost and the apparent violation of the Franchise Ordinance it would be negligent of the Commission not to pursue finding out the facts for the entire NDC constituency. . . . � �� .. v . . -• . T. �l, • . a . t � .. . . . . . . . � � - • . R*.. • ' . . ' �' . 7. NEGOTIATION COMMITTEE REPORT - Committee Chair Mike Sokol reported that the Committee has been meeting with Continental over the past few months. ' The Comrnittee has reached an impasse regarding the negotiations over the Local Origination (LO) channel. It is the contention of NDC4 that prograrr�ning being supplied by Continental on the LO channel in NDC since April 1993 does not qualify as LO programming and, therefore, does not comply with what is required in the NDC Franchise. Continental, on the other hand, insists the programming it is supplying does comply with Franchise requirements. The change in programming on the LO channel occurred as a direct result of a settlement with the St. Paul system. The Negotiation Committee has been trying to come to terms with Continental regarding this issue and recammends to the Commission that they either enforce the Franchise Ordinance or relieve Continental of its obligation to provide LO programming and be fairly compensated for the loss. Continental has compiled a list of in-kind items they would be willing to provide in return for NDC4 giving up any claim that Continental is not providing programming in accordance with Franchise Ordinance requirements. Staff calculated approximate costs associated with items.on the list to Continental and also costs to NDC4. This compilation shows a significant difference in benefits between Continental and NDC4. The net benefit received by Gontiner�ia�l for .being r-elieved of- the obligation to provide LO programming and providing some services to NDC4 is approximately �808,000 over the term of the Franchise. The benefit, however, to NDC4 is nearly $56,000 - an �752,000 difference. Given this information, and although appreciative of the in- kind services offered by Continental, the Negotiation Committee attempted to add items that would align the difference in benefits more closely. It is the contention of the�Cammittee that even with these additional items the cost to Continental is far less than if they were required to provide LO programming of the standard required by the Franchise Ordinance. Continental's response to this is that there will be no cash payments and the only in-kind offers will be those originally presented. The Committee has reached this impasse, despite beneficial discussions that have taken place with Continental. The Committee believes Continental is not currently providing LO as presented in the original RFP and their proposal, the Franchise HDC� Carmission Meeting Minutes October 5, 1994 Page, 6 � 9. � 11. ' IEGAI. COUNSEL REPORT - B. Grogan reported that Senate bi 11 S.-1822 fai led because ! the lang�-distance providers could not reach an agreement with iocasl providers. ' A re--draft of legislation is likely not to be considered until 6-8 months from , now. � Si'AFF REPORTS - J, Miiler reported tl�at at th#s time six af seven member c�ties , have approved the 1995 budget. 5taff will prepare a year-ta-date analysis of the 1994 budget for review at the Navember meetirg. Staff wiil me"et with the , Treasure'r, and provide recammendations for investment af money curre�tly held in Gertificates af Deposit. � A proposal to provide services to conduct the 1994 financial audit at a cost of $4,500, which amaunts to a 2.27 percent increase over last year, was r�eceived fram ; Tautges,��Redpath & Co., Ltd. The accounting firm provides accounting�services to ' a cauple of inember cities and has provided good serv�ce to bath NOC� �and NDCTV in ' the,past_� Motion 1Q.5.9�4.4 to a�prov.e Ta�tges, Re�pat}? & Cc�. , Ltd-. tQ�conduct. th.e ' 1994 financial audit at a cast of $4,500 was made by J. 0'Brien, seconded by L. ` Collins,�and unanimously carried. ' � ; "A claim for unemployment has been made against NOC4 by a former em�ioyee. The process for appealing the claim is underway. Potential liabili�y for this unbudgeted expense is appraximately $3,400. � Ken Hende�rson, the Inver Grove Neights citizen representative an the Comsnissiort has submitted his resignation. J. Miller commented that Ken has served for at �least the'past 13 years as a Gommissioner and his contributior�s and expertise and ;support w}ill be missed. It was agreed ta prepare a certificate for his service and present it to him at a future meeting. ;The MACTA�Conference held in September included variaus discussionsf concerning ;legislation at a federal and state levei. The legislators leat-ned tt�at the - cities, a'ccess corporations, and cable industry need to be brought into any discussions regarding communications issues, D9scussion also iook plaee regarding the White�Paper (which has been circulated) the purpose of which is to define 'cities' roles in telecammunications effarts in the future. The� League of `Minnesota' Cities (Lfi�C} is recammending cable commissions and cities inviie ��legislators ta one of their meetings to provide input on views conce�rning these ,issues bsfore the next sessior� begins. Both Senator Metzen and Repr�IIIesentatives Milb�rt•a�id Pugh are'ai'ready familiar with the NDC?v facility.� �� � � Numerou's candidates forums will be taped and played back throughout the until theltime of election. Sponsarships are available for businesses �underwrit� live lacal election coverage on Navember 8. � iDuring the reeent�r�atianal NATOA Conference, Brian Gragan was recogni�ed �volunteer�contributions to NATOA. . � - No unf�nished business was discussed. month up ta h� 1 p for his NDC4 Commission Meeting Minutes October 5, 1994 Page 5 ` Ordinance and the 1987 Memorandum of Understanding and is recommending t Cammission authorize sending a written notice to Continental stating that the Comrnission believes they are not camplying with the franchise requirement for LO programming. F. Zeuli confirmed M. Sokol's summary of discussions to date. Continental's position remains the same, that Continental is complying with the Franchise Ordinance requirement for LO progra�ning. Continental is not in a position to offer a cash settlement and has offered as many in-kind services as possible. Further discussion took place in which it was pointed out that in the past the LO channel (Citivision) did have some local interest. Some of the bulletin board information currently shown on channel 43 is not directed to NDC viewers. The St. Paul settlement becomes an issue only because as a result of the settlement, NDC no longer receives LO programming it had previous to the settlement. F. Zeuli inquired whether the Commis.sion would consider.;approv-Zng :incr.ea�sa.ng �rat�s. in order to provide the required LO programming. J. 0'Brien cammented that it is not likely the Commission could vote for a rate increase for something that is a Franchise obligation within the existing rate structure. B. Grogan explained that "external" obligations which are those which are newly imposed can be paid for by passing costs through to customers with increased rates; the current issue concerning LO programming does not fall into this category of external costs. It is the contention of the Commission that LO programming was an existing requirement that has not been fulfilled over the past 18 months. It was the consensus of the Commission that they believe Continental is � complying with the Franchise Ordinance regarding Local O�igination programming ar�u that the first step should be taken toward finding Continental in non-compliance. B. Grogan explained the process of sending written notice to Continental of the alleged violation; Continental has 10 days in which to respond stating whether they agree with the the contention or want to dispute it. If Continental disputes the contention, they have the right to a public hearing before the Commission at which time evidence will be heard. The Commission will reach a decision based upon reasonable findings of fact. Appeal mechanisms are still available to Continental after that point. Motion 10.5.94.4 to issue a written notice to Continental finding Continental in default with the original RFP and their proposal dated September 12, 1983, the Franchise Ordinance, and the•1987 Memorarrdum uf Understanding as a� result of Continental's failure to provide Local Origination programming from April 1993 to the present was made by M. Sokol, seconded by J. Ista, and unanimously carried. Staff was directed to prepare and send the notice to Continental. B. Grogan pointed out that the Commission needs to be prepared to hold a public hearing should Continental dispute the issue. It was agreed to hold a public hearing if needed at the time set aside for the November Commission meeting. The Executive Committee will hold a special meeting to conduct necessary business either before or after the public hearing. The Committee will be available to meet with Continental during the month should Continental wish. M. Sokol reminded the group that the Negotiation Committee is also continuing to work on the three variances and, hopefully, will have recommendations for act on each at the December Commission meeting. � NDC4 Commission Meeting Minutes October �5, 1994 Page 7 � 12. NEY�I BUSINESS — G. Tourville suggested, and it was agreed, to invite the local State Representativas and Senator to the January Corttmission m�eeting. J. Miller su�ggested also inviting federal Senators at another time. � ADJOURNMENT — Motion 10.5.94.5 to adjourn the meeting was matle by E. Mullarky, seconded by H. Hovey, and carried. The meeting adjourned at 9:00 p.m. 1 Respectfully submitted, ; ( I ' Joy A. Curtin { NDC4 Administrative Assistant � and Recording Secretary ; j , � 2CITY OF M$NDOTA H$IGHTS TRLASIIRER'S REPORT, OCTOB$R,1994 1 1 � DAROTA COIINTY STATL BANR i Checking Account 1.05� Savings Account 2.15� C.D. Rep. 2.40� � , Collateral - Bonds Gov't! Guar. � BALANCE $ 112,234.588 $ 575.12 0.00 $ 112,809.70 $ 500,000.00 $ 100,000.00 CHERORL� STATE BANR Saving Cert. 8/22/94 C� 2.50� S 13,952.59 � $ 13,952.59 , Collateral - Bonds $ 500,000.00 � Gov't.' Guar. $ 100,000.00 ,� � � FHLMC �7.23% 12/97 FBS $ 500,008.00 FNMA 6.3� 12/97-95 FBS '$ 500,008.00 FIiL Mtg. Pool 8% (PRU) $ 254, 392 .40 FMLC 7% Mtg. Pool (PRU) PAC $ 505,000.00 FMLC 6,1/4� Mtg Pool (PRU) $ 404,243.99 FNMA 6� Pool (PRU) $ 503,014.49 FHLMC 6� Pool @ 101.4375 (PRU)$ 287,348.69 'FNMA (1994 Pool) 6 1/2� (PRU) $ 288,702.17 � U.S. Treasury Money Mkt (FBS) $ (509,856.52) Gov't.�Securities Fund $1,002,470.00 ; Zero Cpn T.Bds 7.9% - ; 2011.(J&M) $ 197,530.00 { 'TOTAL FQNDS AVAILABLL: $4,056,184.74 � 1 Funds Available 12/31/93 $6,886,428.58 Funds Available 10/30/93 $5,684,188.35 t � Rates Money ! Oct 30 Bank j ' FBS $ 60 J, 000.00 $ 600,000.00 Value 9-31-9�4 (est. ) $ biarket 2.40% � 4.61� Escrow Funds (American National Bank) 10/30/94 City Hall Buildings $ 16,939.00 1 LES:kkb t �- _ i � �, 1 51 50 26 46 40 47 27 27 20 2,11 2 ,000.00 ,000.00 ,000.00 ,000.00 ,000.00 ,000.00 ,000.00 ,000.00 , 400�. 00 ,000.00 TOs FROM: CITY OF MENDOTA HLIGHTS Mayor and City Council Tom Lawell, City Adminiat o� November 9, 1994 �SIIBJECT:; Leave of Absence Request - Mario Reyes DISCIISSION i With the recent passage of the federal Family and Me Leave Ac't, all employees are eligible to take unpaid leav absence�for various reasons, including the birth of a chi City's P;ersonnel Code stipulates that employees may take 'leaves of absence upon approval of the City Council. I h received a request from Police Officer Mario Reyes for ap of a 15 working day parental leave. Attached�please find ,of Ma.ri�'s request and an excerpt from our Personnel Code Mario and Gloria Reyes became the proud parents of a boy on November 7, 1994. Mario has requested a leave of from the' department effective November 9, 1994 through No� ,29, 1994�. � I support Mario's request for this brief period of p, , leave an d recommend that it be approved. However, Mario' absence�and other gtaffing limitations within the departm �point t� the need to increase staffing as soon as possibl� As,Council will recall, the draft 1995 city budget i: ;funds to support an additional full-time officer. In ord� insure t,hat this officer is available to assist the depar early 1995, it will be necessary to begin the recruitment �as soon'as possible. Chief Delmont has suggested that we initiate the advertising process over the next few weeks. 'for some reason, funds to hire the new police officer are eliminat�ed from the final budget, the City would obviousl� move forward with the hiring process. � i � IACTION REQIIIRED� � �If Coun�il concurs with the recommendation, it should pas; ,motion to authorize a period of parental leave for Police �Mario Reyes from November 9, 1994 to November 29, 1994. ' GCouncil'should also authorize the Police Chief to begin t] �recruitment process for a new Police Officer expected to ] 'in early 1995. II .ical s of d. The npaid ve roval a copy baby e .cludes r to ment in process If, not a Officer hired MENDOT/11-ICIGI-ITS C'OLICE bEP�11�TMENT REQUEST FOR SCHEDULE C!-IANGE OR DI�Y Ot=F �GHEbI�L��HAN�E; �C'FICEF� wi(I not work Date • Tirne O��ICEp will worlc , or-r-ICEp will not work Dale � ilme OFFICEp will wvrk ' � S(GNED: OFFICER or-�ic�r� ������i -� �'�'l;'� % A OFF: . ) (circle one) i i�ereby request �� woricing day (s) otF irom inclusive. � �pproved ( ) 17(sapproved ( ) SIGNED: �/ .�'� OFFICE ' J C.. f , / ./ DATE � � .� CHIEF � bAT� � /% j �7 l '� �to ,--►�� �' � � � Section 17. Leave df Absence Witho�u� Pay• �a. Upon r.equesC hy an �empl.oyee, 1e�ve oE absence withouC i � by the City Council, Caking in�o consideration good co service, rand eCEiciency of Che employee and th� general may be granted t, length at d o£ munici.- paI service. Such lea ve of absence sha7.J. not exceed a p;eriad of nineGy � (90} days pravideci Ct�at ti:e same may be extendea beyond �uch pera.ad if tt�e leave of absence is f:ar cant�.nved dzsability or oChel good and sufficient reasons, but in no case shall such ].eave of absence exceed { one year except when the employee is detailed Lor militaYy service or is � i disabled by reason o� disability incurred while in the service o£ the � Cit . No vacaCion or ersonal leave extended disabilit roCection { Y P � Y� P � benefits shall accrue during a period of leave af al�senc� b�. Jury Duty/Witness. In the case af jury duCy, ar as a sul � wa.t;ness in a case r�lated to City employment, an employea � � compensation wEyict� will equa.l the ciil�erence betw�en th� regvlar pay arid the eompensa�ian paid far such j�ry duty fees, >, without pay. �poenaed cour� � shall receive ; emp l.oyee's �';or as witness Sectian 18. Compensation. Cmployees of tl�e City shall be campensated � � � accordi.ng Go �he schedule established �y tf7e CiGy Caunc.il. �ny wage ar salary so 1 establi.shed is tl�e tatal remuneratfon kor employmenG, buL shall nOt be considered t I as rei.mbursemenG for official rravel or other expenses wt�rich may b�e allowed for tf�e co�dvct of off:icial busin�ss. Unl.ess approved by th� City Co �nci1, no em- lo ee�sh 11 r e'v fr in ddit'on t the s 1 r �uthorized £or � y i a ec � e pay om the City a �. o a a y a a the �osition ta�wl�ich I�e has been a�painted, � S�ction 19. 4'� Days• rm�layees sl3al.l. l�e paici an �very o�:lier Friday, Pay�hecks will be issued one week follawing the end of the esC.abli�shed pay, p�riod � lJlren �� holiday Ea.11s on payday, employees sl�a.11 receivc ts�heir pay the i � precediin�; warl<d�,�y. � � � 9 I I CITY OF MENDOTA HEIGHTS �' i • November 9, 19�4 I j f T0: '� Mayor, Ci�y Council and City Adma.nis�ra FROM: � Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Final Payment City Iiall DISCUSSICIN ; 'After six yeara, we have finally come to an agreemen� final payments for the Gity Ha1Z. Attached is a final chanc approved by the architect reducing the Joseph Con�rac� by bringing the final payment due to $3,300. A claim for pay .this amount is alsfl attached. � The final architect billing in the amount of $3,522.44 'enclaaed for payment approval. f The. final cost of construct�ion for the building is $1, includirig general mechanical and el.ectrical work. This ip e�cactly the ariginal estimates and �he funda for final payn in the Building Conetruction Fund. A£ter payment the fu have a bal.ance of about $13,600 which will be used alo�.g �n savings ;from our lease reiinancing to establish a rese� '�uture repairs and replacements. No major items are cu envi�ioned, however, carpet replacement, paint and fux 'replacements are seen in the fu�.ure. ` • � ACTION RSQIIIRSD { �� Approve change order �or �ignature by the Mayor and �apgrove fina3 claim for payment by the architec� and au �iinal payment to Joseph Company by RESOLUTION N0. 9 RESOLUTZON ACCEPTING WORK AND APPROVING FINAL PAYMENT NEW C� and appr;ove change order for signature by the Mayor and approve final claim for payment by the architect and authc final payment ta Lindberg Pa.erce by RESOLUTION NO. 94 RESOLUTI(JN ACCEPTING WORK AND APPROVTNG FINAL PA"YMENT FOR CC ARCHS.TECTURAL SERVICES. ' � � LES:kkb j ! �� j ' , # k : � �� ; �E , ; � � on the order $1,700 en� in is also 518,942 a�most �ent are n.d will. ith the ~ve for rrently nishing Clerk, horize 'Y HALL Clerk, CITY OF MFNDOTA HLIGHTS Dakota County, Minaesota RESOLIITION NO. 94- � � RESOLIITION ACCEPTING WORR AI�TD APPROVIN�� FINAL PAY�NT NE'W CITY HALL WHEREAS, pursuant to a written contract signed with the City of Mendota Heights November 10, 1987, The Joseph Company, Inc., of Austin, Minnesota, has satisfactorily completed the City Hall Construction in accordance with such contract. NOW THERSFORE IT =S HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FIIRTSER RESOLVLD that the Mayor and City Clerk are hereby directed to issue a proper order in the final payment on such contract in the amount of $3,300.00 taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 15th day of November, 1994. CITY COIINCIL CITY OF N�NDOTA HSIGHTS By . Charles E. Mertensotto, Ma.yor ATTEST: Kathleen M. Swanson City Clerk i : 1 CITY OF D�TDOTA HEIGHTS Dakota County, Mianesota ��) f� RESOLIITION NO. 94- I�RLSOLIITION ACCEPTING �ORR AND APPROVING FINAL PAYi�N'P COMPLLTED ARCBITECTQRPii,'� SERVICLS ! J WHEREAS, pursuant to a written contract signed with he City of Mendota Heights November 10, 1987, Lindberg Pierce, Inc., of Minneapolis, Minnesota, has satisfactorily completed the City �Hall Ar�hitectural Services in accordance with such contract. � �NO�P THE�REFORE IT IS BEREBY RESOLVED by the City Council of �the Citg of Mendota Heights that the work completed under said icontrac� is hereby accepted and approved; and , BE 2T FIIRTS$R RFSOLVED that the Ma.yor and City Clerk are hereby directed to issue a proper order in the final payment on such contract in the amount of $3,522.00 taking the contractor's 'receipt�in full. I i Adopted by the City Council of the City of Mendota Heights this '15th day of November, 1994. . 1 ATT}3ST : � � , j � I ; ' � 'Kathleeri M. i ; � � ' � , � , i ; � � 4 � CITY COIINCIL CITY OF �TDOTA HLIGHTS By Swanson, City Cler 0 es E. Mertensotto, Ma. . � APPLI�,,-►TlON AND CERTIFICATE FOR PAYMEi` . A!A DOCUMFNT G702 P�ce oN� ... PAGES PRO)ECT: NEW CITX f�ALL BUILDING (name, address) Lexington and State Hiyhway 110 Mendota Heights, NllV TO (Owner) City of Mendota. Eieiyhts 750 South Plaza Drive M�ndota Heights, [�II�i 55120 ARCHITECT: ARCHITECT'S PRO)ECT NO: CONTRACTOR: CONTRACT FOR: Linuberg Pierce� Inc. `1'h2 Joseph Cornpany� Iric. Nc:w City Hall APPLICATION DATE: 10/21/94 APPLICATION NO: Final ATTN: PERIOD FROM: 12/10/90 TO 10/2099 CHANGE ORDER SUMMARY � Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G702A, is attached. Change Orders approved ADDITIONS S DEDUCTIONS S The �esent status of the account for this Contract is as follows: in previous months by P Owner — TOTAL Subsequent ChangeOrders Numbet Approved (datel G—].,7�� 11,278.3� G-9 1,700.00 G-2,3,4 5,6 91,464.55 TOTALS Net change by� Change Orders b 28 � 480 . 21 sca�e of: Minnesota Councy of: P7ower The undersigned Contractor certifies that the Work covered by this Appli- cation for Payment has been completed in accordance with the Contracc �ocuments, th�t' II amounts have been paid by him for Work for which previous Cefti'fic es for Payrtte nt were issued and payments received from the Owny(, and hayi"the curr�►,nt payment shown herein is now due. By: ORIGINAL CONTRACT SUM ......................$ 1,054,000.00 28,486.21 Net change by Change Orders . . . . . . . . . . . . . . . . . . . $ CONTRACT SUM TO DATE . . . . . . . . . . . . . . . . . . . . . . . $ 1, 082, 486 . 21 TOTAL COMPLETED & STORED TO DATE . . . . . . . . . . S 1, 082 � 4$6 . ?_1 (Column G on G702A) _ RETAINAGE % .. ...............5 or as noted in Column I�on •G7Q2A TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . . . . . . . . $ 1, 082 � 486 . 21 LESS PREVIOUS CERTIFICATES EOR PAYMENT . . . . . . . . $ 1 � 079;186 . 21 CURRENT PAYMENT DUE .........................$ 3,300.00 NY� INC. Subscribed and swom to befor me this 21st day of October , 19 34 Notary Public: �,��� �,,..J �Sid��. 1.0/21/94 My Commusion exptres: 6�y8 In accorda�ice with the Con ra t and this Application for Payment the Contractor is entitled to payment in the amount shown above. ❑ OWNER Architect: `����8� �',��E, �NG ❑ ARCHITECT ❑ CONTRACTOR By: /��` f' � 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 o❑r Contractor under their Contnct. AIA DOCUMEN7 G702 • APPIIGTION ANO CERTIFIGTE FOR PAYMENT • MARCH 1971 EDITION • AIA� m 1971 • THE /1MERIGIN INSTITUTE OF ARCHITECTS, '1735 NEW YORK 11VE., N.W., WASHINGTON, D. C. 20006 i � Lindberg Pierce, Inc. Suite 1200 � 15 South Fifth Street Minneapolis, Minnesota 55402 (612) 332-3339 �� Architects James H. Lindberg Robert L. Pierce 25 Octobe'r 1994 � � Tom Lawell � Ciry Administrator City Of Mendota Heights 1101 Victoria Curve � Mendota Heights, MN 55118 , ' STATEMENT FOR ARCHITECTURAL SERVICES � � ' Account: Mendota Heights City Hall Period: 1 Through Project Completion 1 � Statement of Account � Total Fee Earned CompTeted to Date • 100% � Previously Billed Total Billable this Statement 'A1VIOiJ-iv3' DVE THIS STATENI�Ni � �. i Thank you � I, � I I ; LP Project $106,326.00 $106,326.00 ($102, 804.00) >ice No. 727 o. 1987-010 $3,522.00 $3,522.06 CHANGE ORDER A!A DOCUMENT G701 OWNER ❑ ARCHITECT ❑ CONTRACTOR . O FIELD ❑ OTHER O PRoJECT: Mendota Heights City Hall (name, address) 1101 Victoria Curve St. Paul, MN 55118 To cotvTx�c'roR: The Joseph Company (name, address) 1806 18th Ave. NW PO Box 621 Austin, MN 55912 The Contrac[ is changed as follows: CHANGE ORDER NUMBER: G-9 DATE: 16 June 1994 ARCHITECT'S PROJECT NO: $7-10 CONTRACT DATE: CONTRACT FOR: � General Construction Credit for non-functioning foundation drain system. .....•Deduct ($1,500.00) Credit for water damaged carpet . . . . . . . . . . . . . . . Deduct ( 200.00) TOTAL DEDUCT ($1,700.00) Not valid until signed by the Owner, Architect arx! Contractor. The original (Contracc Sum) (G�� PeYee}was . . . . . . . . . . . . . . . . . . . . . . . . S 1, 054, 000 . 00 Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 3 � ,186 . 21 Tl�e (Contract Sum) (G�a�ee��PAa�c� RFic�e) prior to thls Change Order was .......... S 1, 084 ,186 . 21 The (Contract Sum) (6+�araateed-A4axdx�a�Fr�ce}will be (i�eFeaSe�) (clecreased) (�x�c�ier�g��) by this Change Order in die amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S� 1, %00 . �0 � The new (Contract Sum) (G�a}asuee,d�A4a�cu� Rwce}including this Change Order will be .. S 1, �82 , 486 . 21 Tfie Contract Time will be{inciras�ct}�(deRrased) (unchanged) by -- ( -- ) days. The date of Substantial Completion as of the date of tius Change Order therefore is as per Agreement. NOTE: This summary dc�es not reFlect chang� in the Ccmtcict Sum, Contr.�ct Time or Guaranteed A9ar.imum Price �•hich ha�•e bern authorized h�• Constructicm Change Direc�i��e. Lindberq Pierce, Inc. ARCHITECT 15 S. 5th St., Suite 1200 Address Minnea is, �0 55402 � BY � � DATE �O/2 S/�'j ¢ The.Joseph Company CONTRACTOR 1806 18� Ave .(�W/ POB 621 Addrec5 / �' � Aus�`in, 559 2 B1' DATE City of Mendota Heights Ou'hER 1101 Victoria Curve Addre.,s St. Paul, MN 55118 Bl' DATE �� i � CAUTION: You should sign an original AIA ciocument which has this caution printed in red. Ah original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIAB • �1987 • THE AMERICAN INSTITUTE OF ARCHITECT'S, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2000Ci G701-1987 - WARNING: Unlicensed photxopyirtg violates U.S. copyright laws and ts subject to Iegal prosecution. � APPLiL. .'!ON AND CERTIFICATE FOR PAYMEh _ Ara oocuMFrvr c�oz � P,,�E oNE �. PAGES PROIECT: NFW CITY f�ALL BUILDING ARCHITECT: —(name, address) — Lexington and State Hiyhway 110 Mendota Heights� NI�1 ARCHITECT'S PRO)ECT NO: - TO (Owner) - - City of Mendota. Heiyhts - - - CONTRACTOR: - 750 South Plaza Arive --- — -- -~- � - M�ndata - Heights �� NIl�T � 55120 �- �-` - - CONTRACT FOR: ' ` _� � Lindberg Pierce� Inc. `1'he Joseph Cornpany, Inc. �� � N�w City Hall � � APPLICATION DATE: 10/21/94 APPLICATION NO: Firial ATTN: - PERIOD FROM: 12/10/90 TD 10/2099 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 S DEDUCTIONS S The resent status of the account for this Contract is as follows: in previous months by P Owner — TOTAL Subsequent ChangeOrders Number Approved (datel G-]., 7, 8 l:l, 278.34 G-9 1,700.00 G-2,3,4 5,6 �11,464.55 TOTALS Net change br Change Orders 5 28 � 980 . 21 1 scace of: Minnesota Counry of: Alower The undersigned Contractor certifies that the Work covered by this Appli- cation for Payment has been completed in accordance with the Contract Documents, that II amounts have been paid by him for Work for which previous Ceftific es for Paym�e nt were issued and payments received from the Ownqf, and hayt-the curr�nt payment shown herein is now due. By: NY� INC. ��: lA/21 /94 ORIGINAL CONTRACT SUM ......................5 � ,054,000.00 Net change by Change Orders ...................$ 28�486.21 CONTRACT SUM TO DATE . . . . . . . . . . . . . . . . . . . . . . . � 1 � 082, 486 . 21 TOTAL COMPLETED dc STORED TO DATE ..........5 1,082,486.21 (Column G on G702A) RETAINAGE % .. . ...............5 or as noted in Column I�on �G702A TOTAI EARNED LESS RETAINAGE .. ..... ...........$ 1�082,486.21 LESS PREVIOUS CERTIEIGATES EOR PAYMENT ........� 1� 079 i 186 . 21 CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . . . . . . . . . .5 3, 300.00 Subscribed and sworn to befo �e me this 21 st day of October ,19 99 Notary Public: �,��—�1 � „r -L� My Commission expires�`� 6�y8 In accorda�ice with the Con ra�t and this Application for Payment the Contracto� is entitled to payment in the amount shown above. • ❑ OWNESt Architect: � L�N`�8�2 P,E/4�E� /rUG [� ARCHITECT ❑ CONTRACTOR By� /�2//j/_ � ❑ .���� c-f� 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 • RPPL�CATION AND CERTIFICATE fOR PAYMENT • MARCH 1971 EDITION • 111A� � 1971 • THE AMERICAN INSTITU7E OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, O. C. 20006 � : � Ta: � From: CITY UF MF.1tTDC1TA HEIGHTS Mayar, City Council and City Kevin Batchelder, Administrati Subject: � Revisians to the Parks Reservation Policy L0, 1994 DISCUSSION � , � The Parks Resexvation Palicy provides the Recreation Programmer with a for administering the rules and rentat fees far the use of City parks, fields and faci' : First adopted in 1992, this document has been amended each year as the Ciry beco: expezienced in handling requests for reservations and wprking with park user grou� � i ! Earlier this yea�r, the Parks and Recreation Commission had discussions reg , priorities listed in Exhibit C of the Parks Reservation Policy. (Please see attached In particular, Mendota Heights Athietic Association was concerned about Priority F.xhibit C� and whether or not "organized youth programs" was clearly defined. 1V �Ieigh�s Athtetic Associati.an has historieally enjoyed priarity far field use in Mend Heights and they desired that a high level of priority be specified for them. . ; t � The Parks and Recreation Commissian discussed the priorities far field rese �� with a representative of Mendata FIeights Athletie Association and they are pmpos� changes that give Mendota. Heights Athletic Association a high priority, but da not other user gmups. ( Please see F�ibit C and Section IV.G.} � � } , Th � attached, proposed Resoiution includes the changes being proposed afte ; discussion between sta.ff and the Parks and Recreation Cammission. The documen ; deleted la.nguage in ihe ��€a� and new langua.ge is shown in double underl , , � � � REC4MMlI�NUATIC?N , ,�f � � • � The Parks and Recreation Commissian voted b-0 to recommend ihat City C ' adopt Resalution No. 94-_, A RE,SOLUTION ESTABLISHING RULPS AND R; ���5 FOR USE OF �ITY PA1tKS A�ND PRC}PERTY, for the 1995 recreation se; ' ACTIUN REQU.IRED � ' � more the in shows � City Council so desi�res, they should pass a motion to adapi Resalution� No. 94- �UTION PSTABLISHING RULPS AND RENTAL FEES FOR USE OF CITY PROPERTY, for the 1995 recreation season. CITY OF MENDOTA HEIGHTS" DAKOTA COUNTY,, n�IINNESOTA RESOLUTION NO. 94 A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY WHEREAS, the City of Mendota. Heights has a need to establish a rules and rental fees schedule for use of City parks and facilities. NOW THEREFORE BE IT HEREBY RESOLVID by the City Council of the City of Mendota Heights, that Resolution No.-9�-7�- 93-67 be amended in its entirety; and BE IT FiJRTHER RESOLVED that the following policy of the City of Mendota Heights, as set forth below, shall be adopted: I. SHELTER/BiT�DING RENTAL A. The fee to reserve space in the picnic areas, or picnic shelters of city pazks shall be: Resident - Private Non-Resident - Private Resident - Corporate/business Non-Resident - Corporate/business no charge $25.00 for groups of 50 or larger $25.00 per day $50.00 per day $100.00 per day B. Churches, synagogues and other religious congregations in Mendota Heights or adjacent communities whose membership consists of Mendota Heights residents will be considered Resident-Private Groups. C. All shelters are available for reservation including Mendakota Park, Rogers Lake Park, Kensington Park aad Valley Park. Parks classified as "Neighborhood Parks" can be reserved for picnics by their respective neighborhood gmups at no charge. D. Park Permits shall be submitted for pazk reservations and shall contain the following information: 1. 2. 3. 4. 5. 6. �ame of the park Date Time Event (such as family picnic, softball game) Number of people attending Name of person/contact responsible for event. I. � E. F. C� , H. � C. I. J. K. (continued) Reservations will be tentatively recorded in the reservation book w Applicants will have hree working days to submit deposits and reservation may be canceled. A damage deposit of $100.00 will be required by all roups res shelters in the parks, with the exception of nonprofit youth service c The deposit is due when making the written reservation. The f� inspected immediately after the event and provided there are no clean-up costs, the deposit will be returned promptly. The Mendota Heights Police notified of all reservations. called in. � or their picnic will he ges, or will be Groups wishing to reserve shelters shall abide by the attachec� rules and regulations and a copy of the park permit will be issued by the CCity to the sponsor setting forth the terms for the use of the shelter. The attached rules and regulations are identified as "Exhibit A" . � Mendota Heights schools, nonprofit civic organizations and City of Mendota. Heights employee organizations are fee exempt. These groups must, however, pay a damage degosit. � There will not be a park attendant on duty. The reserving group is { for supervising the event and for cleaning the reserved area.. � The refund policy for canceled reservations shall be: Cancellation 14 days in advance 100 � refund Cancellation 1 to 13 days in advance 50 � refund Refunds due to inclement weather on the day of the event will not be There will be no additional charge for rescheduling of events postp� weather. A. ( Volleybrall Nets $ 5.00 per day B. � Extra picnic tables $ 5.00 each Hors(limited quantity available) eshoes $5.00 per set A deposit of $10.00 will be required for equipment rentals excluding picnic due to III. SOFTBALL TOURNAMENTS A. Fees for a two day weekend tournament: Mendota Heights team currently participati.ng in a Mendota Heights adult softball league: $200.00 For all others a flat rate of: $350.00 For any additional days: $25.00 per field B. All adult softball tournaments will be governed by ASA rules and regulations. All tournaments will also adhere to Mendota Heights rules and regulations governing park facilities. C. A damage deposit of $200.00 will be required and mustbe submitted along with the tournament fee two weeks prior to the scheduled event. An additional damage deposit may be required for extraordinary circumstances, as determined by the City of Mendota Heights. � � All City recreation sponsored toumaments will be exempt from all fees and deposits. No more than three tournaments per month will be allowed without approval of the Recreation Programmer. . F. Each tournament and sponsor shall abide by the attached rules and regulations and a written conf'umation of the reservation shall be executed between the sponsor and the City setting forth the fee and terms for the use of the park. The attached niles and regulations are identified as "EXfIIBIT B". G. The refund policy for canceled reservations shall be: Cancellation 14 days in advance 100 °lo refund Cancellation 1 to 13 days in advance 50 % refund IV. FIELD/SITE RFSERVATIONS A. Softball fields: Adult Standard Fields (Mendakota, Civic Center) Neighborhaod park fields Field preparation (For all user groups except City sponsored programs) $25.00 per field for non-residents First come, first served excent for authorized seasonal reservations $25.00 ger field (this excludes weekday prep for Mendota Heights youth organizations) IV. FIELD/SITE RESERVATIONS (continued) C. D.' i � , j All requests for field reservat�ons will be made in writing between J March 15. Field reservations will be confirmed by April 1 and received after March 15 will be handled on a first come, first serve field reservation priorities are identified as Exhibit "C". 5occer Field preparation Ice Rinks $35.00 per field for $25.00 per field $20.00 per site per hour for $5.00 per rink per hour for There will be no reservations between 12:00-6:00 p.m. on Holidays. Volleyball Courts E.1 Basketball Courts F. i ' ; ; G. First come, first served, sponsored programs First come, first served Tennis Courts - Tennis courts are available on a first come, first sei Mendota Heights residents and are not to be reserved. The followin groups may reserve tennis courts with the permission of the Parks at Commission and the City Council -�4ea�ag� Mendota Hei Association, the Mendota Heights Senior Tennis Association, and s private schaols in Mendota. Heights. � The following groups are exempted from the above described fees, e� preparations which willbe determined and negotiated on a case by Mendota Heights Parks and Recreation Department, �ea�; Hei�hts Athletic Association, Sibley Area Girls Fast-pitch, Sibley and nouprofit* organizations within Mendota Heights city limits. *] profit status is required. �nuary 1 and any requests i basis. The weekend -residents and School City rd basis for community Recreation its Athletic '.public and uding field �se basis: � Mendota ing Soccer >of of non- VI. FIELD/SITE RESERVATIONS (continued) �i. The Parks and Recreation Commission, with City Council approval, reserves the right to waive fees or to limit or deny reservation requests at their discretion. ADOPTED by the City Council of the City of Mendota Heights this day of , �993: 1994. CITY COUNCII. CTTY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTPST: Kathleen M. Swanson, City Clerk 1. ; 2. �3. 4. 5. G� 7. M �1.�:11: Y � TOURNAMENTS The City of Mendota Heights will provide four ball fields, bases, trash ren chalking equipment and bathroom materials. Th � sponsoring organization will be responsible for picking up all trash at tt Saturday's and Sunday's games. Trash is to be placed in containers provide City. Failure to properly clean up will cause forfeit of deposit. The sponsoring organization will be responsible for traffic and parking cont� city vehicles used for maintenance will be allowed past the parking lot. All veh''icles will be restricted to the parking lot. All �park facilities such as picnic tables, playground equipment and bleacher. remain in their present locations. The moving of any facilities will require additional permission. � It is required that the sponsoring organization purchase a ASA liability poli� properly protect themselves from possible suit as a result of the tournament certificate of insurance must be furnished to the City. Th � sale of beer or any other alcoholic beverages is prohibited. Excessive u alcoholic beverages in any public park is also prohibited. ! A formal letter of request must be submitted to the Recreation Programmer, 1V�endota Heights that will include the following information: a. b. c. Name of sponsoring organization and contact person that is tournament. Dates of the tournament. Number of fields and approximate times they will be used. end of by the Only shall , to A of City of for the E�IT "C" PRIORITIES FOR FIELD/RINK RESERVATIONS 1. First priority will be given to programs sponsored by the Mendota Heights Recreation Department. 2. Second priority will be given to organized youth pmgrams of Mendota Heights, includin�, but not limited to, those �roups listed in Section N.G of the Resolution to which this Sxhibit is attached. The lar�er the number of Mendota Hei�hts residents in theoreanized vouth uroera.m. the hi�her the �rioritv for field reservations. 3. Third priority will be given to organized adult programs of Mendota Heights. The lar�er the number of Mendota Hei�hts residents in theor�anized vouth nroeram, the hiQher the urioritv for field reservations. 4. Fourth urioritv will be given to Resident/Private Grouns. S. �etr�k— � priority will be given to non-resident youth or adult programs. ' To: � Fmm: ' Subject: I I I � •:I M 1� � November 3, 1994 Parks and Recreation Commission Kevin Batchelder, Administrative �� Discussian af Parks Reservation Palicy , DISCUSSION . � � At the Febn�a.ry and March Commission me�tings, the Commission discus � Parks i�:eservation Policy following a request by competing youth baseball programs Civic Center fie1d. In particular, the Commission :focused on Bxhibit C of the polic descnbes the priorities far the use of City softball fields, {Please see attached 14�arc minutes and Resolutian No. 93-6�, the Parks Reservation Policy.) The `Parks and Recreation Commission did not want to make changes to the reservation palicy during #he an going reg.'�stration period and direc.�ted staff to place the agenda in the Fall of 1994. The discussion abaut E�chibit C focased on whether "organized youth pr�gra�ms" was clearly defined and whether or not it pmvided Men Athletic Association (naw known as Mendota Heights Athletic Assaciati.an) with the level o� pri �rity that they desired. The Commission shauld discuss whether any revisions are nec�ssazy to the p� listed in Exhibit C. In addition, staff suggests the following additional revisions: a � 1. Item I.G - This item should be revised to read "The Mendata Heights Police � Department and Parks I��faintenance crews will be notified of all reservations. 1 � 2. Item III.E - This item should be revised to read "No more that two adult sof tournaments and one youth softball tourna.ment per month will be allowed wi appmval af the Recreation Programmer" . This revision is suggested in orde ; cons%stent with City Council's decisian about baseball at Mendakota Pazk. i � ' This cla.use is desigr�;� to a11ow one free wezkend from use to allow the field irecover and to �chedule rainouts for Gity sponsored softball toumaments, if n � It is pmbably not necessary to make a distinction between the number of adul iyouth�> softball tournaments, however, one weekend shauld be held aside from , reservations. � � 3. Item N.A - Last year it was suggested by a Commissioner that this item sho � "First' come, first served basis on the weekends." ( � sed the far y, which � 8, i99A� � on r not Pagan �� m or � :�' IT��i�� x� 1' 1 Discuss the Parks Reservation Policy, and the suggested changes, and pravide direction to staff for any revisions or recommendations. u PARK .� �. Parke and Recreation March S, 1994 Page 7 the park and park syatem and perhape the City could ' type of door prize drawing based on getting a stamp ev�nt located around the City. RESERVATION POLICY � Adniinistrative Assietant Batchelder stated that a month� s meeting the Commiasion discussed the City's po�l res,ervation of, our five adult sized softball/youth b fields, the prioritfes for reservatione and the assign reservationa to competing user groups. Batchelder ata Commission had euggested that Recreation Programmer see� clarification on this issue at tonight's meeting Commissioner Spicer eCated that Sxhibit C liets the pri for;. assignment of reservatione for the aoftball fiel stated that eecond priority ie given to organize� programa of Mendota Heights. Spicer referred the Co to �item 4g in the Resexvation Policy. He atated tli item definee the organized youth programe in Mendotal as the Mendota Heights Parks and Recreation Departmen� Eagan Athletic Association, Sibley Area Girl�s Fast� Sibley Stiag Soccer and non-profit organizationa� Mendota Heights City limits. Commissioner Spicer fe priority number two could have an additional wordi� atates "as described in Section 4g". Spicer etatedl defines what he feels was�aesumed were the organized p in Mendota Heights. Co ,iasioner Linnell offered an alternative auggesti� the�prioritiea discussed ia Exhibit C could be ame� state "the larger the number cf Mendota Heights resid the'organized youth program, the higher the priority fc reservations". Chair Katz etated that she ieels Commi� Linriell's proposal makes sense. I � Administrative Assistant Batchelder cautioned the Com about changing priorities or policies in m3d atream duzl current resenration period. The�Commission diecusaed current reaervations and co interests with Recreation Programmer Morgan. Morgan she�attempts to accommodate all Mendota Heights reside make fiel�i requesta, however she ia receiving co requests for the same fields on the same ev Commissioner Spicer stated at the recent eign ups fo Eagan baseball he was asked by numeroua parents v baseball programe are not playing on the Mendakota fi i gsion use some at each t last icy for aseball ment of ted the Morgaa orities ds. He d youth mmieeion at this Heights t, Mend- Pitch, �vithin lt that ng that that 4g n that 3ed to nts in � f ield eioner z�ieeion ing the peting etated .ta who �eting Mend- t the a8. � Parke and Recreation Commission March 8, 1994 Page 8 The Gommissian discussed �he use o� Sibley Park and Independent School District Z97�s �ielda. The Commiesion discuased priority based on his�orical rights. Recreation Programmer Margan etated that ehe geta requeste from new organ3.zations tha� have recenGly formed and we have ta attempt ta find raam �or them as well. Cammissianer Libra etated that Item 4a ia the Park Reservation Policy should be amended to state "neighborhaod park are reeerved on a first come, fi=st sezved basis on the weekenda". The Cammi.as3an diecu�sed the compeC�ing interests for reservatians at Civic Center �ield. Commiseioner Kleinglass moved to recamm�end that City ataff make a gaod faith e€fort to accommoda�e the Pegasua traveling team at Sibley Park or affer available nights at Civie Center Park. Cornmiasioner Norton aeconded the motion. A�s: � NAYSs 0 A8S"rASi�T: 2, SPZCER, 25IORTt}N L The Commission di�cussed seheduling and giving historical priority to teams wha have demonstrated continuing need for fields. The Commiesion diecuesed Commissioner Lianell's proposed amendment Co the policy ta a8d the warding that priority will be given to "the larger the number o� Mendota Heights residents in �he arganized youth pragram, the higher the priority Eor �ield reservationa". The Caammiesioa felt it appropriate to reviait �his issue next Fali for p�8sible amendmente to avoid changing the prioritiea and policiee during the curren� regiatration period, TREE CITY IISA Adrninietrative Assistant Batchelder etated over the last few years the Parks aad RecreatioA Cam��v.ssian and the City Cauncil have discussed foreatry options and ].evel of service in the City of Mendota Fieights, Batchelder stated that during the i994 Budget process the City GounciZ had decided no� to authorize se�endi�ures for forestry personnel and had directec"1 staf€ to prov3.de a referral eezvice far interee�ed property owner� and to explore optione of working wi�h valunteere and finding grant prag=amt�, Batchelder s�ated he had been meeting with Mr. Steve Shimek, a Horticultural Specialiat with the Miruzesota Department of Agriculture wha is a Mendota Heights . resident and has indicated an inC�erest in aseis�ing the City on tree issues. Batchelder atated he has diecus�ed tree �`' inspec�or cer�ification, tree specifications, newsletter T0: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS - MEMO November 9, 1994 Mayor, City Council and City Administrator Lawrence E. Shaughnessy, Jr., Treasurer`�� Insurance Coverage , DISCIISSION I , , � ; Each year in November, the City's annual insurance policy is renewed with the League of Minnesota Cities Insurance Trust. i � , On tonight's claims list is the bill in the amount of $89,383 for the'next year. Attached is a comparison of our premium breakdown for the current year and next year. The basic rates have changed �ery little, and generally represent increased coverage. Also shown on the statement is a quote for excess liability coverage;over the Statutory $600,000 limits. In the past we have declined this coverage, however, I asked for the quote in view of the two lawsuits which are currently in the courts •to challenge the $600,OOO�limit. , 1 ACTION REQIIIRED City Council may wish to consider excess coverage. LES:kkb i � � i i � � � , . � � PREMtUM SUMMARY Estimated Annual Coverage Premium Property $11,Ofi9 lnland Marine 1,478 Fideliiy Bond 1,3fi5 Municipal Liability 62,697 Autamobile �iab�lity 9,567 Uninsured/Underinsured Motorists 84 Automobile Physica! Damage 4,132 Garagekeepers . 36C Excess Liability - With lmmunity 23,660 Excess Liability - Without lmmunity 17,403 Totai $9{},748 ti t �tq =S f 9 ;f- ! t 9 s"��'F �, s�� � /. 3 G S'" 3.�C�. �� 13t, 273 �ols�ls4 P�citymend.bjb�jaa �g Wl�. �.ANG �O. To: From: Subject: CITY OF MENDOTA HEIGHTS November 9, 1994 Mayor, City Council and City Adminis Kevin Batchelder, Administrative Ass� Report on 1994 Summer Under the Sun (formerly Summer For a number of years, the City has been budgeting to support an After Sch Program nin by the Community Education department of Independent School Distr Originally titled the Summer Adventure program, this program was designed to pn children inj the community an opportunity to participate in a full day (or half day) o recreational, educational and enrichment activities during the summer months. i This year's program, Summer Under the Sua, was a collaborative effort bet Community Education Department, Dodge Nature Center, Mendota Heights, and V Paul. Beverly Fritz, Director of Community Education, has forwarded the report t of Mendota Heights regarding the achievements of the 1994 pmgram. This report � survey evaluation results from the families involved and some program literature. � ;see attached report.) � � In 1994, the City had budgeted $3,000 to assist with Summer Adventure. 7 � final cost,'as demonstrated on the enclosed invoice, is $2,001 which is the same az � assistance provided by the Ciry of West St. Paul. The fiscal assistaace provided to Community Education for this program comes with the understanding that they pro with an annual report and evaluation of the program. � 1 ACTION REOUIRED ' I�Tone. This item is being provided to the City Council and to the Parks and Recreation�Commission to keep them informed of the progress and activities of the ' Adventure program.. , ; �� ; 1 197. �een the est St. the City true, nt of us t .�NG �N �CFr . Bederly J. k�itz Director of Cammuni� Education {g�) gg1-233? Ft� �: `��oL z�ts�l! l��MORANDi:fM � TO: CITY OF MENDOTA HEIGHTS, do B�via Batrhelder � �: Report on 1994 $ummer Under the Sun (for'merly Summer Adventure) This past surnmer, Independent Schaol District197 Carnmunity Edncation and Dodge Na eantered into,a collaborakive programming effort far youths ir� kindergarten #hmugh 8th gra 8#h graders were junior group leaders). We fitled our new venfure Summer t,irrder the Sutt. P given #he option ta sign their children up for a full day of prograrnming commencing at � conctuding at 5:t}0 pm, morning anly {Dodge Nature Center} or afternoan only (Cammuiutyi We offered #hree two week sessions with the first session starting on june 20 and the rnncluding on July 28. Tf.voughout the six weeks we had 65 studen#s enralled in the day Io� and 98 students enralled for the afternoon. Many of the students enrnlled in more than ane lisfied Mendota Heights as city af residence. A new saence unit this year taught by Grass � science instnzctor Terry Daud was a hnge success. The following are sc�me averall rnmments � "I was complebely s�iisSed with what you offered. Very impressed." "An excellent opfion parents," "Kristy loved the pmgram she wanted to attend ati three sessions." `� � The change in fornnat was an attempt ta beiter seiwe the commuiuty's need for mare intensi� prograrnming for yauth. This need was identified in the Northern Dakota County Camm Pro;ect survey. It was a cooperative effart designed with Dodge IVaritre Center to pro� dupiication of services. ' � In the evaluations for the afternoan prograrn, 44°�, af thase responding felt the overalt impre progrann was excellent. The ca-faalitators for the pragram are both licensed elementary beIieve this helped us plan and deliver #he highest quaiity surnmer program ta date. inforniation I have attached the summary of the paren#/guardian evaluations for 1994. ; f As you know, West St. Paul Parks and Recreation pays the salaries and benefits of a few o. lea+�er gositions thafi double in the morning for their pre-schoal playgrourid teaders. Baxb West S� Paul has notified us that they cantributed $2,OU1 far the afternoon salaries. ", community eciucarion paid aut $4,394.95 in salaries to staff. It is my understandin arrangement with Mendota Heights has heen for yau ta reimburse iSD 197 at the same amoL Paul contributes in staff. Therefore, I have also enclosed an invoice for your records. Please call me if you should hav� further questions abou# the summer. � � I i 1 ` _ 1 i I � 1 nvnErEErm�rr scHOR District Offices 1$97 T}eiaw�re Avenue West St, Paul, Minnesota (612j 681-2300 �� Serving West St. Paul, DISTRICT �1T0. 197 118 686-5541 53? TDD ture Center de (?th and arents were $:00 am and Educatiaa}. #�tird session ng pragram session. 31% �unior High from parents: far working Mendota Heights� Eagan� Mendota, SunBsh Lake, Lilydale� and Inver day-Iong ity Pulse �e a non- aon af the achers. I Far your the group :asal fram i addition ; that the it West S� 'eel kee to Heights > Independent School District 197 Community Education Services 1300 Mendota Heights Road • Mendota Heights MN 55120 (612) 681-2337 INVOICE To: Cify of Mendota Heights DATE: November 8,1994 c/o Kevin Batchelder 1101 VicEoria Curve Mendota Heights, MN 55118 Agreement with ISD 197 Community Education to provide summer youth educational programming in collaboration with West St. Paul Parks and Recreation. Payment received will be used to set off expenses incurred for Summer Under the Sun 1994 salaries ancl expenses. ToEal Amount Due Payment is due 30 days from invoice. Thank you. $2,001.00 Make checks payable to ISD 197 ------------------------------------------------------------------- ------------------------------------------------------------------ For office use only Check No. Amt ` Date Rec'd � , 3. 4. � ; 5. � � 0 1994 SUMMER UNDER THE SUN EVALUATIONS SUMMARY I 3 = EXCELLENT 2 = SATISFACTORY 1 = NEEDS IMPROVEMENT � . � Overall rating of instructors and leaders: � Children enjoyed: Art I j Computer Physical Education Science � Swimming � � 1 Extravaganzas � Field Trips Overall impression of the program: � Grade child completed in 93-94: I �K 1 2 3 4 t 5% 14% 16% 14% 26°/a School of attendance: � 1 0 5°/a 0 4% 0 0 0 5% 0 � 16°/a 23% 13% 20% 18% 6% 15% 13°/a 6°/a 5 6 7 3% 10% 5% Garlough Mendota Moreland Pilot Knob Somerset St. J� 11% 20% 23% 1% 3% � � St. Michael F.M. Grass Jr. High 0%0 9% I Cify of residency: Eagan Mendota Heights 5% � 31 % Other 20%a West St. Paul Other 5b% 9% � 83% 68% 86% 76% 83% 94% 85% 80% 94°/a 13% 7. � � 10. 11. How did you hear about the program: C.E. Brochure School Flyer Friend Newspaper Other 66% 18% 20°/a 0% 1°/a Length of the session: Would you enroil again: Would you suggest it to others: Prefer sessions: Too long 1% Yes 95% Yes 99% Two week sessions 64% Not long enough Just right 28°/a 71 °/a �� No 1% Maybe 5% Three week sessions 31% 12. What future course offerings & events would be of interest to you: *more study of nature *more science *dance, gymnastics, roller skating *math skill games "more art, MN Zoo "tennis *psychology & relationships with others "The I-Max (Vaileyfair) "fun math activities *safety � 'free time with boarcl games 'horseback riding, camping 'Theater Arts with short skits '`insects *dinosaurs, trip to Radio AAHS ''Como Zoo, Raptor Center *water games, more field trips "any new ideas � *all of the same 'Chutes & Ladders, more baking *swimming lessons "language (French) *problem solving regarding name calling ' teaching about differences *there was a good mix of physical and mental activities *kids cooking, puppeteering, sand art, fishing, hiking *art teacher to teach drawing, sleep over at Grass (These repeated most: more art, more field trips, and swimming tessons) Suggestions to improve the program: � "run through month of August � ''vote for gym games , *explain more about computer usage i *more water fun �'�none, my child really enjoyed herself � *include Fridays ; *shorter day *more art "music *field trip each week *swimming lessons *more time for dasses *none, it was well plan *no mime *extend sessions to cover more, or all� of summer, as sessions fill�fast *liked phone caii from leader pre-session; be sure it's a few days before *longer day for working parents (1/2 hr longer on each end, 7:30 ! 5:30) '`I would pay extra if you had transportation pidc up 'do not tell full day kids to wear swimsuits under dothing all day � ``have some sort of "rest" time between Dodge and afternoon ] (These repeated most: � � 4 i � { I , 14. ; include Fridays, swimming lessons, run more of the sur u Are you aware of moming classes at Dodge: Yes No � 93% 0 If so, was your child enrolied: Yes No � 43% 48% � Some reasons for this "no" response: { *too expensive for two kids ; "`scheduling conflicts � *band was in the a.m. ± "'an excellent option for working pare�ts, but a very long ; children when mom is home � ri �UMME12 Ul�DER TI�E S UN Dodge Nature Center 8z Dxstrict 1�7 Community Education Session I Mon. - Thurs. -- June 20 - June 30 Session II Mon.. - Thurs. — July 5- Julp 14 " (no ctass July �} Session I�I Moa _ rrn�„�. —1,�y i$ - July 28 FULL DAY SCiiEDULE Drop o, f,�at Dodge Nature Center 1795 C:harlton Avenue West St. Paul 8 a,m. - I1 a.m. Dodge Nature Center Program 11 a.m. -12 naon Bus ta Grass Jr. High **Lunch 12 noon - 5 p.m. District 19'7 Program Fick up at Grass Jr. High 1$1 West Butier Avenue � West St� Paul ** Students bring their own lunch, * For students who have campieted grades K 6. • 7-8th graders particigate as Jr. camp counselors and pay half price. �� r � Drop afflPick up Dadge Nature Center $ a.m. -11. a.m.. AFTERN401V ONLY Drop o, f,�t Pick up Grass Jr. High 12 naon - 5 p.m. • Featuring • Nature •Adventure Farm and farm animals, Swimming, iield trips, sports, pioneer days, art from nature, water games, art projects, calts of the wild, grairie, drama projects, comguter time animal antics, nature hikes Program and Registra6on Questions: CammUnity Educatian 681-2389 • Docige Nature Center 455-4531 To register, complete £orm on reverse side. r. . Dodge Nature Center i8a.m.-1� a.m. Session I June 20 - June 30 K2 Tallc to the Aniaials Visit wi� the animals at the Nature Center's Model Farm. I.earn about ani- mals that live in the wild. IVlilk acow, card wool, and moc+e. Grade 3-4 Pretend We're Animals Explore DNC from an animal's perspective. Browse along deer trails, buildabeaverlodg�, listen for mic�, learn tracking, tra and games. ' Grade S-6 Calls of the Wild Follow the call of howling wolves, hooting owls, and an orchestra of animal sounds. L�amtracldngand m �aldng. Session II July 5 - July 14 B-2 Winnie the Pooh Join us in the 100 Acre Wood w track woozles, search for honey trees, meet Pig1eG Eeyoc+e, and Rabbi� Makepaper.Deco- rate a T-s6irt. Grade 3-4 Farm Fun Ba:ome an acdve partici- pant in the daily operation of our farm. Collect eggs, plant crops. groom ani- mals, muck-out stalls, and more. Grade S-6 � Designs from Natare � Create art inspired by the � colors, shapes, textures, : and lines found in nature. Make grapevine wreaths, , b���, and nataral dyed � T-shirts. i Session III July 18 - July 28 S-2 a� an�a Leam about the farm ani- mals and wild animals at Dodgo Nature Center. Iviillc a cow, card wool, andlookforthe troll under the Billy Goat's bridge. Grade 3-4 Art in Nabnre Create art from nature. Make nadual color whxls, simple weavings. sand candles, printed T shirts. I,earn about natural art materials. ' Grade S-6 Oh Pioneers Fnd out what life on the farm and prairie was like for Minnesota's early set- tlers. Make butt�r, ice CIC81T1, C3II�CS, tOO1S, 3IId mon. District � 97 Community Education ��12 noon - 5 p.m. Day at a Giance 11-11:20 a.m. .........Transportation from Dodge 11:20 a.m,-12 noon ......Lunch (bring your own) 12 noon-12:30 p.m......Meet with Group Leader 12:30 -1:30 p.m ....................:.. Enrichment class 1:30 - 2:30 p.m ..................... �.. Physical activity 2:30 - 3:40 p.m . ...............Extravaganza activity 3:40 - 4:35 p.m. ......... Swimming - Recroational 4:35 - 5 p.m...!............Group'T'ime - Songs, etc. ' .,�Parents pick up children 5 p.m. ........... ' ....... PhysicalActivlty gymnastics • aerobic exercise COOpCI�LIVB g�eS • L6IIII1S leadership building slrills swimming • fust aid• soccer softball • nutrition Enrichment science • art • creative writing drama • languages • computers Session I and Session III ": � PM �II Dav* Dis� 197 Resident/Dodge member $40 $55 $105 Non Resident/Dodge member $40 $75 $125 Dis� 197 Resident/Non Dodge member $45 $55 $110 Non Resident/Non Dodge member $45 $75 $130 Session II � � � 1�aX* is� 197 Resident/Dodge member $35 $49 $ 94 Non Resident/Dodge member $35 $69 $114 Dist. 197 Resident/Non Dodge member $40 $49 $ 99 Non Resident/Non Daige member $40 $69 $119 Note: Sessions I& III h� ve 8 days, Session II has 7 days (no class July .) * Full day fees include $10.00 for bus transportation. I � m 0 m tV � � s c� n 7 U O. 3 a 3 _ � `o m E � z � U � o� rn z.. m � cs m c 0 a rn � � 0 0 U � m c 0 L a � 0 fn C d CO � o � � � Q�' o w � .�' � 3 � � � �A U� � � � � N 0 x m � 0 0 ' u � � `o � � � m � �A —`�z � ( � I � � � a �az 0 I I � � Z m � � � • rn � h C m � m � � m � � E N � m � O � m � ai c m E m N > � � � Qaw' ��� 0 0 0 �t�� �o n o0 .� .. .� � � � � Qaw' I� C7 � a a e O O O �N N N ��� e+1 d' �n r. .r .. � � � :.� .:a �:; 0 0 0 .y .y .y � � � .-+ N O � � � �O �D � � � . � y � c � � � � Y � a. � g � m � a � � � a�i L �, `_ m � O � � '� C. � � m c� � N = � V Z V L � z ,� � m t� � � �, � Y.� � c a u� N C `7 m � p y � � 'C � � E d U N C m c� Q. Q= w a o ui o � � � � � , , � , , � - I ,LIST OF CONTRACTORS TO BE APPROVED BY CITY � November 15, 1994 � < � . { i � i � � Coacrete Contractor License Dale Griepp & Sons Beat Blactop Hi-Tech�Floors, Inc. � Excavation Contraetor License KCI Con'struction Metro Utilities, Inc. , Voson Plumbing � � General�Coatractors License Bituminoua Roadways, Inc. M & N Structures, Inc. Communi'ty construction � 1 Gas Pipinq Coatractor License Area Mechanical Inc. S & S Plumbing & Heating Owens Services Corporation , i � SVAC Coatractor� License ` Owens Services Corporation i � I i Drywall/Plaster/Stucco Coatractor License ; JBL Plastering Inc. � � y� ? � { . "" 'y,ti.l^.-.. :+ ,. • t �i� � . . . . ' _ .;.�r,N �;',i�1••ti`„r�, �E= i :..G � e • __ :,. .� 1j�• . � t:.j,i, 1 : ��"`�: �2T�G;±n�,'f%� . . . _ �� .�n ...ls . . . . � A� yy�� . . �}�.:'; : (, . � , ��': • ,:( �� , . ' ' ' November 15, 1994 . . .I . < - • . - E 1 . . • I�t:;,..,,;, � "y~ '.i: ta�sj�• �•• :�:i' ::f�•i i�ct:•'v�<:. ;;i » -- - -� TO: MagoT-md City CoutlCiZ — — • - . ...__._- —'- — ,--- . --' �?'!i��,` �.!;�1,.'l.v: , ..o...�°' .•:�?:a`yj;}.q.; :a :�y,,.•i••1 '':>+, _,'�•. .::r.:•..:.� ?y at�.�.: . '.` . , . . . . i• � .. i •• ,'ii�, . �i ' � :, � "�'�'r • CLAIMS LIST SUMKARY: :`.'Zi�. :r .�i'"a.�'i(H�, , �: . • . • ,.<w>,�+.. •� .�:��L .` :T:: . . r .. � M.�:�1':: ,}�•`��:'.': �;: • . ••h�i:`,, :�'`�: s:�L;` • ' . .. .�;;' :� :�`>.;: `:� �t�,`i�=?. 2ota1. claims 227,331 • • ' '.� :����:'�:.�r' :�yCN.?'il.•;•,. ',^��,iY;;. . . '•iy3ryi�,"���iir • • .. . _ . .. , p.:. _._... ,. .a:_,_,: �`-.'i::: i:{�tiS'�.t�:.. �„; .f;�y ,.�'`'i.��7,R7Ft�.i1y`4.R.R {�� r;:t���� q;�;:�?ki'_it:�li;��y�~� �; •• ' .. ' Si •-:: .,:•. ;,..._.;,:::u,�t� >:;;;;�;y�,.L� ir� ' , .. 'hj�.�� 7,f::'s:r uC�""R`y}:`^��a't`.17 } . . : V. ,..: . ��•... r Y �q _ ;:�'�;ti`.t�+s�;�a'Ct.\yV �+��'�J�' �� , :i:C'�' ... . �::}""Y. }I+' 1 , �t:: , , '^�;,s ti..,,i'o w`��•. �" _ _ , ::1.., �eC._�n ; 4. _3, A��: X: ;; .t�:�:,j�jti :' ,��.�ti�� _ ::.;:e.��,'�,�::�:�3��'�'v:�!1��11 : �. .��;�y��s .�5: ..:�� � �,+ Y�^'-'. �i•S�.)c,�%. �. :•,n.�• i��y�:``�;.i4.`sr,i?:f;y., . . .My',�.i;' .. '�i;�`•�:."sy=�d+.�iNi,'�i� �1�J�',':^S. :'=�S.h-}n' . y:i.�U • w:ti;�J%�v'v ���ti �'�>'. :vS _ i.�i� ::;'''v'v :1�:r � .i��v:i�r� J�i \i iS�. .?: .�1.?S>t7.�i4�'.��i' • ; .'�.:�'GE-'�Y.:� n1.y.�', :. .;:�"yN� '�.�`%ie� � • A_ �' .. , .,�K Y.- "� •'�': .'�. . c,•..�. ^A�:�;,� ,a,t �'i . J�:�.i'^;, i. :.'f:='i`.•n ' S '�:i y�,• '•f'. •y ±�`J.e': :.;<�^�`�+i^ .;i�:. _ �- . • . -� .M • . �cayi, .. , • . . � � , •,c,' ' i:' ., t.. .. . , . , .4;' ' . ;; ,;�:. .,,, ..,; .,� • .;<<;, ;�, �; :;.. � : :,j; �. ^ .. � � : , . . ... ., . . , . . ,.,s.>•�.• :;t.: =.., ..�.:;.,: . . .. .r,'' ,f'. ��' ' . ' . . . . ' ' ,' 4 :nn ' . .' r i%n::%= � ' 'n;44 .� 'y_ ' "�`����: N ct,l.. is �..: s ` , . < • . . �: ::.c°;fi>� „.,.:�;_,3..%'`�,,^,:. �. '�'ty;�.:,,[: . :'S -.:� ?:.d:..;;: .^,ei;.:.,�r.,�� ;;i �• .,x''�.:•i o-� „ _ • . • • .i4:�'��:. s'3� u'��.;� 2i: : ;::%'r , '>��'•"'P.:•_''�.:;`i 4:n�gy' �:i. • C �..~��..'aC. � ':��,.,: . , . . ,•`--;r,�c�"-.:�?�:�. �; t',, • ' �� sryl-'. �' ; :� ' " • . . ; ;�s:�•� .��: y:.: : hr:;..• :;�1: `.: �•l' _ .'�'\.fJy�'� �'ii:� t� 'ii . . . ... � : L•� -,i.i :;,;+�.c�+�i�,7�y-�r�.i:i:+ ij . ' rtK-t'i.�y pY � .iw �y. - - • ' a.:�:,�:1:s.;a,F ex i: .a�� : r .. �'�'-'�----••-t:i K, _, , ' ': , . . - . � . -•.�:�.,1i p�iy'f �=[�.r''... •� . . .. , . i ''.: } ;;:::i':'i i:' !'. .: �:ilrtf:;'t°:e..'.: t�5".s...t'}•�. � :�' �cRti f��: , _ .. . . . " ' . . ' .. .:'i?'�:h%4 . �iSS�ii. !� ;i2'. .. . , . : �,' ,: a�j,'�;�;�,-u.,;:.i:,";;��;.:�t� -. :�s±�;.L.r;.:r�•::.%..: —F..j-Pt r i ^�`,����� �.rt �i-' S5'N•"..ii;�;s;�......�a -�^--•`.=�•�'?'=^'' °>�;_ , i •t- r. , S1gnlficant CZaims � tlnasual Claims American Natl Bank bond payment Bahlgren Sharlow Uban Planning plus hwy 55 study Interstate qiesel Generator League Minn Cities Insurance renewal ;'-_'w,'.. a•, n � 77,980 6,383 19,432 89,383 . uallo iu-nwu U�N� 5U-KOdUS '•. ? =�' �av 11/15/94Claims l.ist 15-Engr 60-Utilities F�aoe i � Thu ii:. �M ' City of h;endata Heio�.,.s 24-Pa]ice 74-Pakks 30-�ire ' 80-Planning " (� Temp Cneck Nuniber 1 � 40-CEO 85-Recycl�ng fl ,�e{��F - 90-Animat Cantrol n c�,��k � luurnber Ver�dor Name Acco�rr�t Cade Carnrnent� Arnount • �� i Airsignal Tnc 01-4210-020-20 nov svc 15.97 � .. 1 qirsigr��l Inc.____... ,.�, .___ 01-4�10-�13fD-3� .,.,. _--- --__ _, ._.-nuv_svc..._._...�.�. _ _...�__. _. ..-,_7.82—...___._.__ . -- -- � � 23. '79 � Tchais Ternp Cheek Number^ 1 , � Terna Check ;�Surn�er c �j 2 Rrnerican N�t ianal Bank it-4456-P�ID0-0D re eg cert �, 980, 00 �'� � Rmerican 4�iat ior,afi Sank i�-4455-0¢�0-00 re eq aert 75y 000. 00 � � Flrnerican N�tion�i Rank kl1-2215 princ pyrnt eq cert 75y @@Q�. @Q ^c AmericarF National Bank Q11-ii90 pri��c pymt ec{ cert 75,0Q0.04+cr C� — ------_..._ � 8 77y 980. @0 Tc,tals Ternp Check Nurnber � � ' � Temp Check Nurnber 3 i.7 3 Berkeley Rdm 02-4��0-11Q+-IQ rerswal bar�d 9$6, 90 () 3 Berkeley Rcim 4i�S-4250-iQ5-15 renewal bond I99.05 3 Herkeley Adrn 15-4250-Q�60-6@ r^enewal bc�nd 179. �5 � - • -------- Q g 1 y 365. 00 Totals Ternp Cheak Nurnber 3 :� Q Temp Check Nurnber q ; � ...! 4 Kevin Batchelder 01-440@-1]0-2@ re icma coMf 1, f�5.86 [,� 4 . ;� 1�5.66 �.,_ Tc�tZ2s Temp Check Number 4 ' () i ernp Check Nurnber 5 � � 5 Baland Lawn Svc Q�1-4335-3i5-s0 oct svc c^44.95 , ��' 5 . �44. 95 4:_�,j Tatals Temp Check Nurnber 5 . .., � Temp Check Nurnber 6 , �::) 6 City Motor Supply Q1-4330-460-30 parts •� 13.7Q �,,,�,,, 6 Citv Mator Supp�l_y Q1�4330�4_4.0:-20 parts 89:9�1 ;=�' 6 City Notc�r �upply @1-4330-490-5Q� � � parts 29.00 ..,} 18 .. 132. B 1 � Tc+tals iernp Check Number 6 - ' . � Temp Cheok Nurnber 'i {� 7 Coverali Q�1-433�-3im-50 flaor wax 67.�Q� :,) � �" � ..� � ( . =�..:ax�ai=�..a= ';;.?:+.,. �.;r:� . ... - -_ -- ..,ti �__,.�::�,-.., � . _ . - - . . , . ti :.:::•�: . .. ,�-...�.�.---R.-=�;- _. .. _ - . . . . .i' . .. .. . ,. :i�~ . , .. i . ... ^ � , ' . . '•.ti�'. , . . , 10 Nav Clainis List ��4� � ;� Thu 11:: �h City of Mendat� Heigt.,,> (� _Temp Check IVumber 7 �4 Ter�¢. t,� Check � . Number Vendor N�rne Accaunt Code Camrner�ts Amn�mt {. ,i 7 Cavera l I @ 1-4335-3 i 0--70 ' f I aor wa x 67. 20 � 7 Coverall• _,�..._ ���._ � .__ 15-43�5-31Q-60 .__ - _. .. ..._ __flaur w�x-� _ ._ ___� -. 67.15 --- ....--�--� _ _,__._._. J�. .._.7 �Gaver�ll � 04-4460-Pt@0-Q�O� floor wax 20i.55 � 7 Cavera2l Q�i-433�-3i5-30 nav svc 137.39 � 7 Cc�ver�il 01-4335-310-50 nav svc 6�.04� 7 Caveral l 01-433�-3i0-7Q� nav svc 6fd, rps� `� .? 7 Cc.�vera i 3 3.5-4335-3 i 0-60 nov svc 59. 9'� � 56 720. 48 � Tat�ls Tetap Check Riunrber 7 ` '� Temp Ch�ck M1um6er 8 � 8 Dahlgren Shardlaw Uban 18-4220-135-@0 oct re hwy 55/11@ 4,693.1� � 6 Dahlgren Shardlaw Uban 16-4220-135-00 discaunt 834.6Scr ���%,' 8 D�hlgren Shar�dlow Uban @1-42C3-135-SQt oct ret�iner 1,475.95 Q 8 Dahlgren Shardlow Uban ' 411-4��1-135--80 discount 73.$0cr - 8 Dahlgren Sh�rdlaw Uban @1-c^128 oct re mendata harnes 550.4�2� `^�.-.'�'� $ Dahlgren Shardlaw tl�ar� �d1-4222-135-9Qi discount ' 27. SQ�cr � 48 � 6�383.12 � Tatals Ternp Ckseck Nurntrer 8 � Temp Check Number � ' ' � � 9 Dakota Caunty Hwy Dept Q+1-4211-420-�0 3rd qtr city sha�e 2P�4.if� , -�-� � 204.1& �} Tatals iemp Check Number 9+ � � Temp Check lVurnber 10 � r� 1@ Dakota Caunty Tech Inst Q�1-4400-@�@-2@ • firearm trng 30@,00 � -- __---- �#�J i� ` .SQi�. QtQi Tatal� Ternp Check Numtrer I0 �) Terop Gheck �}umber I2 � . � 7 S1 DankG Emgcy Eq 01-43Q15-@30-30 sp]ys 160.6Qt � 11 . . _ � 160. 60 ) 7c�t�,is Temp.�Ch_eck�Vurnber � i ��°— Temp Check t�iumber 12 � ' '� � 1� Dascarn of Mn Inc t�1-4330-4541-3@ rprs I8.90 ` 12 Discom af Mn Inc @1-4330-450--30 rpr� 18.9r� �t+ 12 Discc�rn of Mn Inc 01-4330-450-30 rprs 124.21 � 36 162. 01 ) Tc�tals Temp Check Ivurnber 12 � �.y ,:c ,-,----•.,�r.;;o..r..:::'�z - _- -.- —: . ;�-. ... =5..•;:r.��, . -., ;:4..,;:!;,` .c�::�:�:; - . >;;;3, � ; .;••:i:;: .f>::c�:�;�;::•t; � , ,. . . � . . ' � ,. . , _ . , . . .� " ..... ; �:`� . . . � � i0 Nav ' Claims List p�ge 3 Q� Thu il:. . �d , City of MEndoia Heig�._.� :� Temp Check Number 1.� , . (jy — -�- Ternp. v . { .i Check � Iv�uaber Vendar^ Narne . Accaunt Cc�de Camments Arnaunt •, f3 Fisher PhGt6 0i-43u15-020-20 splys ,=,i, 2'� Q 13 � .--- ......____- _ _ _. .._• - -_ .._�__ ..� � ..._ —�.�.� __-�-w_- --.---. _ � _.__- _. -�.._ _ _Si.�`3 _� ,___- _. ..__ . _ __. � Tc,tals Ternp Check Nurnber 13 � T�rnp Check Number 14 ' ;4 Friden Neopost 01-430�-iia-10 pcstage splys 1:,.10 � 14 �riden iveapas� 05-430Q�-10S-i5 pastage splyz 15.14� '�,�° 14 Friderr Neapc,st . 15-43tDa-Q�6@-6� pastage spiys i5. i� � 14 Friden Neopr�st @1-4300-02@-2@ � pa�tage �ply� 15.@8 . . • 56 5Q1. 38 (,) Totals Ternp Check Nurnber 14 ' � Temp Checic Nutaber i5 p .15'C,lencae Uniforms 01-g44�0-020-^c@ ' vest murphy � 400,Q+0 �.7 -- ------ � i5 ttQtQ�, f�11� Totals Temp Ch�eck Nurnber i5 ' ,..1 ' €j Ternp Check Nurnher 16 . . 16 �rafix Shoppe 08-433.�i-000-00 splys 3i.9S �} i5 �rafix Shoppe fdi-4490-@40-k� splys �4.i0 ', 16 �rafix 5hoppe 0'5-43@O--SQ5--15 spiys ^c7.Q�S ' ...? 16 �ra#'ix 8t�vppe 03-4490-050-50 splys i55.54 (� i6 Grafix,Shoppe 0i-4490-Q370-70 splys 15�.�4 16 Grafix Snoppe 15-4490-060-60 splys i55.54 • 96 579. '7c^ � TGt2i15 Temp Check Nurnber 16 � - ' � i'emp`Check �Number f7 � 17 Globe F�rint9.rig & 8upplies 0i-4300-02a-�@ � _ splys c:3�.9C („'� i7 �ic�he Printing & Sugplies 0f-430�-@c@--20 ,.splys i31.9S .. s4 364.87 Q Tatals Temp Gheck Nurober 17 TErnp Check Num6er i$ � � C%� 18 C�oodye�ar Service Store @1-4330-440-20 rprs 2203 26.33 _ 18 Goodyear Service �tore 01-4330-440-20 .rprs 2�50 �6.33 [�) i9 Goodyear Ser�vice Stare @2-4330-440-^c� spare tzres 387.96 __ . ` G -----_.._ ;"�• 54 • .. 44@. 6� (� 7c�tals Ternp Check Nurnber ..18 _, Temp Check Nurnber i9 � `) .! ' �„? ' _'��<v�i: fi+�i,. .l��yiik' Y. 4-Tksn:�.':� V•' �.+`ifl�3� ' . � � �j rT.� '" ' 4C�: 1"i � ' I�i.� �; i.., .._... _ , - � . .. . � . .. '.l•e�'i�%.l _ ��.i: a . � . :�•• •,-C�t:. . `ri�t, }5:ri.i..`i. l•t:� �+�: .,j `: • i.,� ` y�:�}e'�•�f-,�r `. `�{ ,y�'.� • . . . . � „ .. • . • • , , . , . . .. . s.:;::'�.c.,_ i.F:� o- ..;:i?r ... ,_ r .. . . : . ,. . . , .� . .. . vs,.� ' � '� ��'� � Clairns List F�age 4 (^ ihu ii:. ,M City of i+iendota Heig� _� � t Ternp Checit Number �9 ' — -- - -- -- - - - - - - - � Q Ternp. '.� Ch�ck ' lurnber Vendor N�rne Accaunt Code - Comrnen•ts Arnaur�t � r� 19 Gopher^ State One C�11 15-42i0-060-60 act svc g�,g� � --19 = ,...__ � � _ -- -. _ .... .- -- - ---� _ � _ ._.. _�� -�-----.._. _.—_.... - ��....--_— _.._ _f � , _ _ . _ __ �� Tc+tais Ternp C�eck Vumber i9 87.5@ � _.� Ternp Check �v�unber �Q� 2@ Fuyhes t4 Custeilc� 0i-4cc^c-12@-2Q� act pr^asce�utions 2 78�.�w � e il `� „ -------- Totals T�rnp Check IVurnber 20 c� 785. 3QI (� , �:,� Ternp Check Nurnber �1 � 21 I C B O � 01-4402-040-40 splys 12.50 ci -- 21 ----- Q Tc�tals Temp Check Number 21 12. 5Q� � Temp Check Nurnber �� i Q � i,� ^c� I 0 S ¢�1-4330-490-10 act rntcn copies g@.6@ � 2� I 0 S 01-433@-460-30 oct rntcn copies 13.75 �' �� I O S 01-4330-445-40 oct mtcn copies SQ�.�5 _. 2�. I 0 S 01-4330-490-5@ act mten copies 13.�5 (� 22 I O S 01-433@-490-7@ act mtcn capies 13.70 2;= I 0 S 25-4330-49@-60 oct rntcn copies 27.55 � .,) ^c�'c� I O S . QS-4330-490-15 act rntcr� cc+pies 5@.63 2' I 0 S 01-430@-080-80 c,ct rntcn copies 27.55 � _� _�_ i 0 S 01-4490-1@3-0� oct rntcn ec�pies �7.�� . 198 �75. 63 a Tatals Temp Check Nurnber z2 � Ternp Check Nurnber 23 � � 23 Interstate Diese3 01-4620-Q�30-30 _. gener�tar� 19 43i. 57 . �� e 3 .. --------- 19, 431. 57 ..j Tatals Temp Check Nurnber 23 C,� , Ternp Check Number ^c4 , , • . ... ' �� 24 I-S-`D�197 Q� 1-4435-200-70 �-�� __ sumrner ad prograrn 2� 001. @0 ... 24 -------- Tc+t�ls Ternp Check Number 24 � ' Z, 0@1. Q�0 ( j �i Ternp Check Number Zg � . " a 25 Kat Keys 01-43Q5-020-20 splys z�,38 .. �J 2@.38 �) �..."'i'i4_ 'i � `ii�.- �ti.;ii:r'SS�:Gj%+5:a;::Y+s...,1yi:,1.. xs.�., ��— r.--"--er--.� — S.J . . . . • � . . . . . •4�1 `�.Se�%+�:i�`!-'^,+hi!�•,��t�;w;�:. . '`�,'.1-r:.i+-M1v+.r .... . . � ` :1+= .. . �,. f . . .. .. � � . . .. ... . .. . , . ... .. - � , . ���� �'�' • . .. . �. •�ti/i ���•'.. . � . � . . . � .. • , . = i0 Nov ' C2aims List ��9e � � Thu 11«l M1 , City of Menduta Hezg ,„� Temp Check Nurnber 25 _ �Y __. _ Ternp. � — -- - _ _ _ � l.� Check ' N4�mber Vendar• N�rne pccount Code Camrnen�s Areaunt , Tc�tals Temp Check N�mber 25 � � Ternp Check <Nurnber - �_�.... � ��, -..�_ . _ _ -� - - - ----^ - - - -- _...._�.....,.._ ._ _ r......._.,.. _ _ __ � .�.. _ - .._... _ _...�... � ^c6 Kiwanis Club Q�i-440Qt-110-11D S�t qtr 94.00 � ���' �6 94. 00 '' � Totals Temp Check tvumber �6 ,�` Temp Check Nurnber .. 27 • � C7 Knax Commercial Credit @1-433�-490-50 s{alys a9•59 � 27 Knax Comrnercial Credit 01-4305-07Q-7@ splys 94•92 � �7 Knox Gomrnercial Credit 08-4335-0Q+0-00 splys 16.99 27 Kr�ox Commercial Credit 89-446@-?04-�0 splys 84-�Cc 111.77 � �7 Knax Cammercial Credit 0f-43@5-03PJ-3lb sply� 33.'36 � �7 Krsax Commercial Credit Qf-4305-070-7@ splys i27.59 27 Knc�x CammerciaY Credit tD1-A305-050-50 splys , 31.9@ � �7 Kr�ox Corornerca.a? Credit 05-43Q0-1�S-i5 splys �1•S� � 27 Knax Cornmerci�'s Credit +0I-4305-@7Qt-70 splys 37.65 �7 Knax Cornmercial Credit 01-4305-070-70 � splys 88.75 ^) ___ ------- � �7� 594.68 iatais Temp Ch�ck Number 2� -'t . � I:1 Temp Check Iv4imber 28 1 i 28 Kendal2 Hunt fiubi Cc� Q�1-44Q+2-0��-20 boaks 57. �r0 {� �e � 57.40 ' „� Tc�tals Ternp Check Number 28 �� Ternp Cfiseck ititumber ^c9 � 29 Thc+mas Knuth ` 88-4415-704-@0 nav exp 74.24 � �9 Thon�as Knuth 15-42iQ�-Qt60-60 nav exp 14.79 29 Thc�rnas Knuth 22-k41.5-7i2-00 nav exp 93• 38 '•...� 87 382. 42 �r, Tc+tals Temp Check IVumber 29 {--� Temp Eheck Number 3@ .� t-�i � ---30-Gup-Kn2la�rrder^ 01=�tr+'i5=110=f0 sept/act exp � 18.56 3@ 6uy Kuli�rider 01-44�0-1@9-0� sept/act exp �C2.0s 3@ Guy Kullander 01-A415-640-12 sept/oct nav 35.38 {„) 30 �Suy Ku3lander 01-4300-640-?2 septlaet exp fi.3@ 30 Guy Kullander @5-4415-105-15 sept/oct exp • 17.0� �.� 30 Guy Kull�nder� 01-4300-110-10 sept/oct exp 20.00 � �i 3G� 6uy Nul iar�der Q�9-4k15-0QQ�-�h0 septloet exp �7. 55 t , F } :� , . \•. �{ri 7r�..'e "�awq:ww'..f.-.+1+-i � - ++� : ' —_ �.�wi1� s:i: .�;�;vo.v.li. �: "'q�'.,e ,Yt., ir'}#K �,�;�� Qa �rT�.�+:i�� � `'� 'v'.- .•t'j/..N�::9.r'w+i�a�• � .'r,.�i.. 'H , � ... . „ y"'�'-`."tt .. . . .... . . � -- . . . ' . . . _. � .-.e'Yy ^-�tn,T�'"+.'!":':nti.S:1;Fh;NfK.'+:a3�'^'� ....^�^""'��'JF:::9' r � .. . . , .. .. , . � � r . .. ^•'Vt=..� Y•: ::. . . i0 Nov ' Clairns List Dage 6 � Thu il:: f Gity af Mendat� Neig. i] 'Far�sp Check N�tmber 3Qt � ' 7emp.__---- - - - — �. - - � Check • � Nurnber Vendc+r Ivame Accaur�t Code � Carnments Amount ~1 3¢� 6uy Kullan�er 08-4335-000-00 septlact exp 63.22 �} 3@ Guy Kuilander . 27-4415-710-0�C sept/act exp � _ _ ��.33 ��... � _ 30 6uy Kui2ar�der . ,.._. __._._ .,_ , —.__�9-4_4i5-83k-00 -- —_ _-.. ---�- - ' septloct'ekp � I5.08� � ...._.._.....__ ._ ___ --- . __---- � ��p 247. 47 Tatais Temp Cneck �iumber 3� • "� Q 7�rnp Check Nwimber 3i ,v) a1 Leag�ie af Mr� Cities @1-2074 nc+v prem 5?9.96 (� 31 League c�f Mn Citie� �D1-4131-020-20 nGv prem _ 941_56 • '� �2 I y 521. 52 (� Tot�2s Ternp Check t�furnber 3f � Temp Check Number 3� ' � 32 Lakeland Fard 01-k330-490-5Q parts 3f2 51.89 `� ,�� � 53.89 O Tatals Temp Check Number 3� O � ' Ternp Gheck Number 33 ;i 33 W A Lar,g Co Qt1-G25Q�-SIQt-143 bailer mchy reriewal ��21Q�.00 , (� __ -------- t 33 2', 21 Q�. @@ _) Tc�ta 2s Ternp Check hturnt�er 3,?, � � Ternp Check Number 34 � 34 League Mr� Cities 01-4250-110-10 � rnos 94 ins 10�770.00 34 League Mn Cities @5-A25@-205-15 2 rnos 94 ins 2,2@5.00 � 34 �eagi;e'MrF Gities �#5-4�5r�-06Q�-60 2 mas 94 irss 1,92�.0tZ+ ` �} 3�+ League Mn Cities 0i-I215 10 rnas �5 ins 74�486.00 , i36 . BJs 383. 0ta Q Tatals Temp Check Nurnber 34 , . _r Temp Check Number 35 � i 35 �eef Bros 01-4335-310-5Q act avc •� 16.00 ) 35 Leef Bras 01-k335-3i0-70 oct svc 6.�0@ (�"— 3S Leef �rc+s 1-5-4335-31°0-60 oc �vc iS.96 ��) 1 �5 . 47. 96 Q Tc�tals Temp Check Number 35 . ..�� Ternp Check Nurnber 36 ' �% 36 M A U M A Qti-4400-110-ik� ° dues �5. Q�Q� } __ ' _____ �:. � 36 25. @@ . �.1 .v , ae ot,p ,rr.v,^s^;.:"'^,•,:;�5�.;,<^^;',.._�^.,. dk' K.. �r e� 'i�. .+ al;;.y. .��3.• . .�.. . . . — '%�' , w..b:� � :4":; _ �e:i: i� . . .:�.:!',+:•;•��• „ , .av! ..... ..!'°�'t - -'-•1:.:'+�c'°°'1'.�'1�s�`��' . , , . .. . . . ... .... ..�... . .. ; . :>.r :�:: .....=..,.ti'. :� � .....,-,�r., •�.:::.., p , .;� .. . . ..z� ':'•. ..c� " . � . . � .,. . . . .. �- . :�.. ,.. . . . ... ; .,,. . ;�.. ... �. .. . . . :. .. . . . � ,-... .. . . . :�:. .—: ' • . . .. ._.. .. .. . ..: .. � . .. . . • ',.� 16 hov Clairns List �,�ge 7 ,�!� Thu 11:: •1 v4 City of Mendot� Heigi._� t ) _Ternp Check Number 36 � � Ternp. �,�� Check � Nurnber Vendor N�rne Account Code Cornrnents , Arnour�t l' Tatals Temp Check Number 36 Q TempCheck Number �� -- •y- 37 �-- - -- - LL - -_� ,-- __--- -. ..._ _._-. -_,. ._.,_.._.- --- - _� _. _. .�. _ —.._._� :,�'' 37 Mc Narnara Cantracting 01-4422-Q�5@-50 hc�t mix ���,g� � 3? ------ Tatals Ternp Checic Uurnber s7 273. 93 � 1 Temp Check Nurnber - 38 � 38 Mendota Heights Rubbish� @1-428@-3I0-50 oct svc 6�D.15 • i1 3B Mendota Heights Rubbish' 01-4280-310-70 oct svc 60.15 (j 38 Mendata Heights Rubbish' 15-4�C80-3i0-60 act svc ' 60.17 � _38 Mendata Heights Rubbish' Q�i-4280-315-30 oct svc 43.12 152 223. 5'3 Q T�tals Temp Check Number. �g (i ' Temp Check Nurnber 39 • � � �,-``'} �;� 39 Metro Waste Cantrol 15-4448-06Q�-60 oct sac chgs 2� 4Q�0. 00 � 39 Metro Waste Control 15-36i5 uct sac chgs . 24.@@cr �,�? 78 2, 376. 0@ � Tot�ls Temp Check Nurnber 33 ,.+ Temp Check Nurnber 4Q� Q 40 Midwest Pusiness Rraducts 01-4300-i10-1@ splys 6Q,�� 40 � 60. 32 O Totals Ternp Check Number 40 ' .� Ternp Check Nurnber 41 , � , . 41 Midwest Phc�to Svc @1-4�05-020-20 . oct svc 104.32 Q 41 ' ------ 1@4.32 ' Totals Ternp Check Number 41 • G Ternp Check Nurnber 42 � i 42 Midwest Radiatc�r @1-4330-49@-50 splys 61.48 Q� _ 42 Midwest Radiator 01-4330-490-5@ splys 223.74 .. 84 � .. 285. 22 Q Totals Ternp Check Number 42 � Temp Check Number 43 Q „) 43 M P G 01-4300-@40-4v7 � perniit fc�rrns ��,pg �� . � . . , , � • -e� . ,.. . . . — .. - ,:,:;:t:r. :,�.. �.»,.: ?i-r:•[ - - — - , - -- -axt-:sa .:�.;:`;�e„ �:;. -- , . .... � .. . .. • • . . . . . . � . •t:i•.o.� :!c''a�1•.Y.w :'v� :.... .. . . . .. .. ... .. ' . . . .. � . :`u �'�'..:t:: ,... . - . .. • . . . . , • 10 Rc,v Clairns List �,��e 8 � Thu 11:; ,i City of Mendota Heig� __ ` `�•• • . Ternp Check Number ` �— ` 43 � � Tern p. I'1 Check � N�vnber Ver�dc�r Narne Account Cc,de Carnmer�ts Arnaur�t (? 43 M R � 01-430�-040-4a discaunt 1.38cr � 86 _.._ ---- - — � __-�__— _ -- --- -.,_ �_ _ ._. �__�___ � � _ �_ � �_--- --- 72. 1I _ ______ .�. _ ..... t`�.,��b, � YTotals Temp Check Nurnber 43 � Ternp Check Nurnber 44 44 Mir�n Dept of Rever�ue 01-4320-Q�50-SO license renewai ��.Q�m � . 44 .. ----- c.�. 00 � Tctit� ls. Ternp Check Number 44 !�� Ternp Check Nurnber 45 Q 45 Minn Dept of F'ublic SaPety Q�1-4400-020-20 trng rnenden 200.00 ut -- b '�iJ LOO. O� Tc�tals Ternp Check Number 45 l:') ' � Ternp Check Nurnber 46 � 46 Minnesata Tearnsters•Lac 32@ 01-2075 nav dues 273,�@ � 46 ' ------ 273. @0 ,� Tctals Temp Check Num6er 46 � ..�� Ternp Cherk Nurnber 47 , 47 Mirmesata Tora Inc @1-433�1-490-70 parts 845.54 � �� 47 ------ Tatals Ternp Check IVumber 47 845. 54 (� (� Ternp Check Number 48 . � 48 Mirmesat� Conway 01-43e5-03@-30 splys c^49.74 („) 48 . . 249. 74 Tatals Temp Check Nurnber 48 y Ternp Check Number 4� ,. U .,) 49 Mn Dept Publ ic Safety @1-420Q�-610-�0 3�d_qter � 150: @0 �� 49�Mn=Dept�Pu�bi� c�Safety 01=42a0-610-20 3rd qtr 120.00 ' . .. �B . 270.0@ �� Totals Ternp Check Number 49 � ;i1,� Temp Check Nurnber 50 � �Q� Misco � 01-4301-110-10 shipping chg 6.95 ._ 5Qi ---- ( } �.1 �:c3+:.� - ':i5'.a:� ".'s�.� -�'f:• s.;;«i.;y'�.�...-�" - - .�:�:.ti.:e�t:�-.;s;:' - emd. ..�_^,--�.�s�--a•»:+f,.-.�-�..--r,e.o^-,^a�:,.r.:: • ..•'+"• . � . . ..., r•.t. , ��-. , . - , . _ . . . '_ . . . . . . • ^ . • .. . i:' .. '' . ��.. • •" - ,-. . . . - � _ . . . . . • 10 Vov - TMu il:, y Claims L.ist r�aoe 9 � . City of Mendota Heig,.__ t�.} Temp Check iVtiunber 5@ . T Teinp-'.. _- --- --. _ __. _. _ _ _. _ -- _ t� :i Check Number Vend�t^ hiarne �Accaunt CGde � Commer�ts - Amaunt TataIs Ternp Check Number g� .. � Ternp _Check Nurn6er ,;! -- ------ - _ _ _.. , _ �.__ � __ - _ -���._ �...._.__:_.,� _.._... ._.._� _.- - - �_,._...._.�. _ �� 51 Motor F�ar�ts Se{^vice 01-433�1-445-40 parts � 51 Mrtar P�rts Service @q-43,��y_���j_�� i0.37 ' Si �iotr,r Farts Ser^vice Q�1-433�i-490-70 Farts 152.1? :53 parts 309 �18_28 � � �...' Tt�tai5 i etn� Check Nurrrber SI iBQ�. 8� _ Temp Check i�iurnber gg � �'� 52 Nelsan Radio Comm 07-4330-00Q-Q�@ � -- nov rnten 62.4@ ti.,� 5� ----- TG'td�.5 Ternp Check lVumber 5� 62.40 � ..� Femp Chec{t iVurnber J3 53 Narth 8tar Chapter ICHq @i-440D-@40-40 ` � _� -- li/18 meeting ����� 53 � _ p Totals Temp Check Number 53 15.0Q1 ..� . .M1 Temp Check ttiturnber �y , ' �} . � 54 Nortech Q�1-4,=05-Q+7Q�-7fd • , tree g�tard 248.89 � 54 ______ � Tc�tals Temp Check Number g4 248.8� t; � Ternp Check Nurnber 55 �' 55 Nartherrr Air Corp Q�8-4335-000-@tIl �.ty 55 Narthern Rir Cc�r ���� m'��ri ,��,p,@Q� , _ P 08-k335-000-I�0 rprs 186.63 f f 0 ` -�---- �..) Tatals Temp Check Nurnber 55 ` 54b,63 .. Temp Gheck fUurnber ��, ' {� . � 56 Oxygen Service Co @8-4335-000-00 -- act t�u�,�@/_31 18: Q�0 (.-� 56 ----- • TGtc115 Temp Check Number g6 18.0Q+ .. t..� m. Temp Check hiaraber g7 57 fiaul Auta Br�dy @1-4330-44@-2@ � .. 57 ' rprs C244 1�8�0_78 Tatals T�m�s Check Nurnber 57 1, 894. 7B i'.j _� � �.�"S"''_ ��'""" _ ,•,�.: +. . � �,�u:•.r`..e%S+i.k.,:S'-'.»,.tii:=�='��••.�.��.✓ `�",'`y.:' '��_..%:�:` ..r>w:•s.+.•.ti=.i+�+.�.+...-,^,�,..°,.:�y.: -- � s ' " . _ ..�'.�+�++�%�":v=.p..`fL:`�.,"'""^7",'•'.""r"`g'.;: Tt�""�':>: .v , : . . .. . . . ; `,'.'r�'x�i�?�� .I . ..4 . .. . . . . . . ' ... . , .. . .., .. . ` ,... . , , . .t.r��:'- . . .. .. ..,.. , . . ? 1� tiov Ciaims Li�t Thu 'i l:. �1 r City of f�eradata iieigs _� � Temp Check Nurntaer 57 �_ Teinp.-_ --'—" - -- - - - - - - - f'� Check N�unber Ver�dar Narae Accaur�t Gade E-1 Temp Check hi�untrer 5B • � "� 58�F� & ti Whse _ yT .. ._ _- �1-433�-45r2-5Q� � 58 i i Totals 7ernp Gfieck fVuraber 58 Ternp Check Nurnber 59 �;� _ 59 fi 5 I Concrete ¢�1-4620-Q�3@-30 � �9 7ota15 Temp Check Number 59 • � Temp Check Number 6Q 80 Rublir Ernpi Ret Rssn 01-00?4 �j 6Q� Public Empl Ret Assn 01-A13i-31@-10 60 Public Ernpi Ret,Assn 01-413i-t�50-.�,�D ' S0 Pttblic Empl Ret Rssn 01-4131-0201-20 � --- ��� � Tatals Temp Check Number 60 � Temp Check Ncarnbe�^ 51 '7 61 F�rad RagaM Inc t2�1-433a-k30-50 51 `.} Totals i ernp Check Nurnber bi Temp Check Nurnber 62 � 62 Schurnachers Tnc 01-/+3Q�5-070-70 _6? Schuntachers inc 01-4305-070-70 iw4 Totais Temp Check Number 62 � • � Temp Check N+.imber 63 �.. � ; 63 Severi Corners Rc+e Hdwe 01-4305-050-50 63 Seven CarneresmAce_Hdwe 01 4�05-07Q=70�' � 63 BeveM Carners Rce Hdwe , 15-43Q�5-tdbfb-b0 .3 --- i$9 Tc�ta2s Ternp Check Nurnber 63 � Ternp Check Nurnber E4 _,f B4 Snyder� Drug 5tc�res 01-43�5-0�0-30 ` . ` Carnmer�t s p�rts re floor surf�ce � dec prem dec prem dec prem dec prem rpr•s 312 splys discount . � splys splys spiys spiys Rage 1� � Q � Rrnount - � 8@7�77 � 807. 77 � . �;i 924. 00 9^c4. Q10 %� � 72. th0 9. 00 (,,1 x �. r�o , 12.00 ------ . a ���. �� Q � 37. 14 Q 37. 14 Q � 151. Q2 , 2.84cr ------ {� 148. 18 � 81. a0 82.29 243. 89 ,. 68. 42 � 1� Nav S Clairns List � Thu 11:5� � Gity af Mendata Neigh�� Rage 11 � Temp Check Number 64 • —_—Ter�p. ---- — - -- - • - � �1 Check N�anber Ver�dar Name Account Cade Carnments � . Arnatcnt 64 Snyder Drug Stores 01-4305-020-2Q splys 64 Sr�yder Drug Stores � 01-4268-65Q�-10 15.56 � ��� i9� _._ �� __ ._._._ � _.._._ ____�_ - ------ - - _ _. _, .. �SPIYS -- _ __ _�. �. ,._- - '10_73 ---- - - _._ ._ .__ Tatais Ternp Ch�ck Number 64 94.71 � ` iernp Check :Vurnber 6� 65 Sc+uthe�st Towing � 01-4330-440-�Q� taw chg � ...t 47. 93 65 _____ � .� Tt�tals Tern� Check Number �,� 47.9� Ternp Check Nurnber 66 �� � 56 Sauihview �arden Center @1-43ID5-050-5fD sod • 14. 37 � 66 _____ .�J Tc<tals ;ernp Check Number �� ' 14.37 .' � Temp Check Nurnber 67 Q 67 Sur�iVawspapers 01-4490-070-70 re rink attnd ad � 80. 75 _ 67 _---^ Tcxtals Temp Check J4Iumber . b7 80.75 � ,.� Temp Check Nurnber �g t 68 ivtal Taol fil-4�@0-610-7Q� eq rent � 96.30 68 _---- � Tc�tals Temp Check Number (,8 • 96.3v� � i emp Check i�#urnber {,9 � ' 69 T T E Cornmunica•tinris @i-4330-44Q�-20 phc�ne rprs 69 T I E Cotnmunicatians QI-4330-440-^-L@ 362.24 ' �} ___ . •phone rpr ext 38 iO3.5� .! 13B ------ Totals Ternp Check Riumber �g 465.76 � _, Temp Check Number 7m - '� , �0 Traphy Hause 01-4305-03@-30 plaques � •% ""' S28.24 70 � ------ � 7ata Is Temp Check tVumi�er 7p 528. �4 ) Temp Check Nurnber 7f ' Q • 71 Twin City Pet Sply 08-k480-00Q�-�C� � used eq 100. 00 �.� '_ ""' �. __' .:y, _ s�:, . a. - ' . . '�•s,�,n;v: . _ ., - *.� %$a.. �a+a�+�t:... .._Y_. ,,4�,r,s;s . .,:""�+!<• -: . r. . - .r..:�o-.'",+�+,,.+-%�+.l."..(�r;�..: ' "3;-i�':;^..r�x:.. --t.. -.r:,.: . . �:�;: :;�o-. . .. . _ .. ... . . - . `.�t`.-•£', .. ^t� : . " . ,- .%s,�' . • - . , . . . .. . . .. � . . , ,} 10 Nov 1 Ciairns List Page i2 �; Th�i 11:5� , • City of Mendota Heigh_ ���} Ternp Check Number 71 � � Ternp —.. ._—.. .- - ----- -- .,,� Check � N�unber Ver�dur� Name- Accuunt Cade Cc,mrnents Amaurit �? 7 i � 100. @0 . � iotals Temp Check Nurnber . 7i ! ���� � �� _ �_ _, _ ,�� ., �-_ ,... Temp Check Nurnber ` �`�� ` ._" -�_�.._. -- - --- - -- - - - _ _ ._ .... _.... - -- _.- _ � 72 Tracy 7ripp Fuels @i-1�10 nl fue? c,4�69.0i ..'� 72 iracy iripp �ueis 0S-i2it� cfiesel f��l i,t�74.00 � 144 3� 1�t3.0i �� Tcital� Tetnp Check Itiiumt�er 7C �j Ternp Check Nurnber 73 _� " � 73 Uniforrns Unlimited @1-4410-@2@-20 splys rnack 347.17 73 Uniforrns Unifrnited 01-44i@-020-20 splys bl�ekfelner 85.46 �� --- . ______ � � i 45 . 432. 65 • TGt�15 Ternp Check JVumber 73 � � Tem�r Check Nurnber 74 �? 74 Winthrap & Weinsti��e 01-A22�-ic�0-10 sept svc 50�3,f,0 (� 74 Winthrap S 4teinsti�e 29-4220-8s4-tBd sept re ivy falls 432.00 74 Winthrc+p & Weinstine 01-4220-120-&0 sept re per�tel ?93.16 �? 74 Winthrop � Weinstine i6-422@-32�-@0 sept re r�arthiar�ti 133.2�0 �} '74 Wir�throp t4 Weinstir}e • 16-422tLt-2c�0-�0 sept re prirne net 114.00 , ,� 37@ f S 9$i, 76 . , {� Tcttals Terap Check EUumber 74 Temp Check Num6er 75 . � ,(� 75 Zacks Tnc @1-43@5-@5@-50 splys 47.90 � 75 Zacks Inc 01-43�5-030-30 splys 80.54 ' (� 150 128. 4k 7c,tais Ternp Check Nurnber 75 , {"� J 5638 227, 336. 81 � 6rand Tutal t �'�.� \ �� �� � .� , �;, � , •.+, .:�...;.i . . - .. ' " �-.r.. .b " _ _ " "%� r�'a — . .-. ;:�•.. ,. ., . . . � J'��"'�n'" .. , . . . . . . . � .. � .. . . :�l i� ; ••� - MANUAL CNECKS • 14970 _ 46.23 Kathleen Swanson ___.._ � 19/28 payroll� .y �._� �- __ _ . _ ._.. `� „�, -` - -'�"` `" ` �-" " ` -� �"14971 � � 453.05 Dakota' County Bank Petty cash • % 14972 3,30fi.08 State Capitol C U 10/28 Payroll � 14973 8,622.06 pERA � • �� . , 14974 �.13.84 ' " H 14975 750.82 ICI�A •N � 14976 788.00 Minn Mutlital � 14977 405.00 Minn�State Retirement' " ' ' 14978 �50.Q0 Great�Western Annuity " � J 1.4979 50/00 Federdl: Reselrve eank �" -� 14980 256.80 •Dakota County � ' � 1"4981 555.Q0. Dakota�Eounty Bank N � 14982 3;547.03. Cortmissioner of Re.venue " -� 14983 15,356.16 Dakota County Bank � " . � • 14984 4Z,367.18 Payroll'a/c' N � 14985 � 920.-Q0 Natl League of Cities Regr- • •-� 14986 �37..80 Steyens Market Election 14987 20i,97 Cecils �� � 14988 115.00' Jackie 0'Donnell " -7 • 14989 180.00 U of M Regr' 14990 520.U0 Sherburn Coiunty Warrant �] 14995 189.84 Carbone's Election C' � • _. Q :� 83,731.$6 � o G.T. 311,068.67 , 'r ' • (�} � � � . . C..! , {,j .� '... � , l� � � . � � ' ' . � �... — -.�..—�-,-�.. ;.•.�..,,.�-�..- �>• �:--�:n� - ,�fi �.�: . — � - - -- — � . . ... • .. • .. , . • . � . :.. • • . � . ' . _ . . - .. ".,". . _._._�v_---- ---..._..�_�._.. �� .� M" '�a CITY C3F N�'DO�'A 8LIG8TS DAROTA COUNTY, MINNLSOTA PARRS AND RECREAT2QN C0�2ISSIlJN MTNIITES NOV�LR $, 1994 The regular meeting of the Mendota Heigh�.s Parks and Recrea�ion Commission was held on Tuesday, November 8, 1994, in,the �ity Iiall Smal1. Conference Room, 1101 Victoria Curve. The meeting was called to order at 8s05 o'clock P.M. The �oilowing members were p3 Norton,�Libra, Kleinglass, Spa,cer, Linnell and Damberg. present,was Admanistrative Aseis�ant Kevin Batchelder,� Visitor� was Charlie Godbout of the Mendota Heights At Association. I �pRov� oF a�=x�rr$s � Commissioner Norton maved to approve the October 11 miriutes. Cominissioner Libra seconded the motion. # AYES: � , NAYS : 0 � � STLNCILLING OF PARR TRAILS � Administrat�ive Assistant Batchelder stated that at the C Parks and Recreation Commission meeting, the Comn discus�ed a voluntary effort to s�enca.l the park trai.�7 mileage_markera. They requested that staff place this,: the'November agenda. Batchelder stated that stenciling trai.ls involves the use of stencils, pain� and a tape i� or a wheel that measures distance. He stated the stenc designed far 1/10th o� a mile which is 528 feet, He� some stenciling has been done in recent weeks and �� Mendota Height� Road trail, Huber Drive trail and Roger# trail have been stenciled. The Parks and Recreation Commission discussed volunteer� '; a weekend �o shaw u.p and paint stencil marks on the � trails . The Gommission felt they needed to visit tY�, system and walk the trail.s and that this would be a go< � to do the stenciling. The Commission directed sG # revisit this issue, in the spring �.ime, so that stencil: � be d�ne when the weather improves. DISCUSSION C1F PARR RESLRYATZON POLIGY � Chair Spicer stated the Park and Recrea�ion Commissi � discussed revising the Parks ReservaGian Policy earl � 1994� Spicer stated at that time, the Commission had c I I I ��.QGll{.i f Also Guest .letic � ••� ctaber ission s with .tem on o� the �.�s ara stated hat the ' s Lake ng for parks s park 3 � ime .f i to nq can z � had �r in sired �� to make corrections to the Park �eservation Policy prior to the upcoming softball and baseball season. The Commission discussed Exhibit C of the Parks and Recreation Policy which describes the priorities for the use of City softball fields. The Commission discussed "organized youth programs" and whether this item in the policy was clearly defined and whether or not it provided Mendota Heights Athletic Association with the high level of priority that they had requested. The Commission discussed Priority No. 2 which states "second priority will be given to organize youth programs of Mendota Heights." The Commission felt that organized youth programs ahould be more clearly defined as according to Section IV.G of the Resolution. The Commission discussed proposed language that states "the larger the number of Mendota Heights reaidents in th.e organized youth program, the higher the priority for field reservation.° Commissioner Libra moved that second priority should be worded as follows: "Second priority will be given to organized youth programs of Mendota Heights including, but not limited to, those groups listed in Section IVg of the Resolution to which this exhibit is attached. The larger the number of Mendota Heights residents in the organized youth program, the higher the priority for field reservations." Commissioner Linnell seconded the motion. AYES: 6 NAYS: 0 Administrative Assistant Batchelder stated that Recreation Programmer Morgan had contacted the scheduler at Sibley High School in order to set up a meeting with the School District, City and the Mendota Heights Athletic Association to discuss the need for field and field availability throughout the community. Chair Spicer described a new six year old baseball program that is going to need additional space this summer. The Commission discussed the use of the water tower lawn for T-Ball or this -new modified six year old baseball program. The Commission discussed coach pitch baseball and softball and the Mendota Heights Athletic Association hockey programs. The Commission discussed the lack of adult baseball fields with ninety foot base paths in Mendota Heights. The Commission discussed lighted ballfields verses building additional new ballfields to meet dema.nd. Chair Spicer stated that lighted ballfields would double the use of existing•and that most communities have these lights turned off by 10:00 P.M. He stated the hockey rinks are lighted, during the ! � winte I , and no complaints have been received. The ICommission discussed other changes to th Reservation Policy and directed staff to propose a c City Council on item III.E to read "no more th� tourn ents per month will be allowed without approv� Recre tion Programmer." The Commiasion directed propose changes to item IV.A so that the reserv, neigh�orhood park fields shall read "first come, firf excep for authorized seasonal reservations." The Cc direc ed staff to propose changes to item IV.B r socce sign ups �o that these programs read the san field�request reservations for softball fields. This chang s the deadlines for applying for socce reseruations to be concurrent with the soccer seasor Commi .Commi� AYES . 6� � NAYS : 0 � The � Co Height � the 1 Ci cost a pottie City's The � Co A.M.� t � 3 BLLCTION �OF + � Commis ' Chair ; Commis , ; P,YES : 6 I NAYS : 0 ; ioner Libra moved that the Parks Reservation d by City Council with the above amendments. ioner Damberg seconded the motion. � Parks hange to .n three 1 of the �taff to .tion of �t served mnission anission discussed the use of port a potties by ; Athletic Association and their payment of a; y. The Commission directed statf to take a looh �d the history of payments for the use of these � Mr. Godbout suggested that the City may � :h ISD No. 197 to consider changes to the Joint :nt to reflect the same l.ist of field prioritiea policy. �ission discussed the hours of the parks, be 10:00 P.M. VICE CHAIR ioner Ann Norton was nominated to fill the va osition by Commissioner Damberg. ioner Libra seconded the motion. i VERBAL IIPDAT S � i ! Commiss ' oner Norton inquired if the Va11ey Park reconst: pro�ect had been re-seeded and re-forested. Commi; i Libra s ated that he had been through this area last w� it appe red that the seeding had been done. ` Admiriis j Civil E j the prc � j ( i I � as the field icy be ienaoLa ill by at the port a ant to Powers as the 6:00 t Vice ction ioner k and tive Assistant Batchelder stated he had met -with neer Mogan and Landscape Architect Giese to discuss ss of the final plans for North Kensington,Park. Batchelder stated the Engineering Department had reviewed her propoaed hydrology and pond realignment. He stated a concern was the depth of the gas line and its location in the area where the pond will need to be excavated. He stated the City would be contacting Mobile Gas to locate this gas line. He stated they reviewed the storm water affect on the pond and how it will affect certain species of plants. Batchelder stated drainage, sedimentation and storm water bounce were all discussed with the Fngineering Department. He stated the Maintenance Department was consulted about the mowing and maintenance of this park as well. He stated Ms. Gieae hopes to have the final plans ready for the January Parks and Recreation Commission meeting. Batchelder stated City staff had sent off five Mississippi National River and Recreation Area grant request. Batchelder stated these grant requests were made following suggestions by the Parks Commission at their last meeting. He stated the grant requesta had focused on scenic bluff overlook trail connections, information programs and water resource and non- point source pollution projects. Batchelder stated he had recently received a description of the Summer Adventure Program from the Community Education Department of ISD No: 197 regarding their activities in 1994. ADJOIIRNMENT There being no further business, the Parks and Recreation Commission adjourned at 9:05 o'clock P.M. Respectfully submitted, 1���-(��✓ Kevin Batchelder Administrative Assistant a TO � FROM: � , SUBJECT�: In+ Oc finance�th purchas�s. Bids tabulated i Consi � "RESO OF $290;00 PROVIDING THEREOF ° a� THE SALE Ol PROVIDING �LES:kkb i CITY OF MENDOTA HEIGHTS MEMO November 9, 1994� yor, City Council and City Administrator nce E. Shaughnessy, Jr., Treasurer Sales: $1,300,000 G.O. Revenue Bond$���, $ 290,000 Equipment Certificates ober, the City called for the public sale �f Storm Water and Water Tower Improvements and F re to be received at 4:00 P.M. on Tuesday, or the Council meeting. bids received, and adopt the follow Resolu to nt will be � �UTION N0. 94- , A RESOLUTION ACCEPTING BID ON THE SALE GENER.AL OBLIGATION EQUIPMENT CERTIFICATES OF 1994 AND ?OR THEIR ISSUANCE AND LEVYING A TAX FOR THE'PAYMENT d RESOLUTION N0. 94- , A RESOLUTION ACCEPTING BIDS ON $1, 3 0 0, 0 0 0 GENER.AL OBLIGATION REVENUE BONDS OF I19 9 4 AND 'OR THEIR ISSUANCE". n 0 The Cauncil then proceeded to consider and discuss the bids, after whiah member intraduced the following resolu�ion and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $1,300,000 GENERAL 4BLIGATIQN REVENUE BONDS 4F 2994 AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City of Mendota Heights, Minnesota {the „City"}, owns and operates a municipaZ water system {the "Water Sys�em"j and a municipal storm water system (the "Storm Water System"j as separate revenue produci.ng public utilities; and B. WHEREAS, there are no outstanding obligations of the City which constitute priar liens upon the net revenues of the municipal water system and municipal storm water utiiity; and C. WHEREAS, the City Cauncil has heretofore determined and declared that it is necessary and expedient to issue $1,300,000 General Obligation Revenue Bonds of 1994 of the City, pursuant to Minnesota Statutes, Chapter 475 and Minnesata Statutes, Section 444.075, to finance the construction of variou� impravemen�s to the Water System and ta the Storm Water 5ystem of the City (the "Project"); and N4W, THEREFORE, BE IT RESOLVED by the Cauncil of the City of Mendota Heights� Minnesota, as follows: 1. A,cceptance of B%d. The bid of {the "Purchaser"}, to purchase $1,300,000 General Obligatian Revenue Bonds of 1994 of the City (the "Bonds", or individually a "Bond"j, in accordance with the notice of bond sa2e, at the rates of interest hereinafter set forth, and to pay therefor the swa of $ l plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City C3erk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their gaod faith checks and drafts. � 2. Title; Oriqinal �ssu� Da e: DenQmi�nations; �at}zrities. The Bands shall be titled "General Obligation Revenue Bonds af 1994", shall be dated December Z, 2994, as the date of original issue and shall be issued forthwith on or after such date a� fully registered bonds. The Bonds shall be numbered fram R-1 upwardiin the denominatian of $5,00o each or in any integral multiple thereof af a single maturity. The Bonds shall mature on August 2 in the years and amounts as follows: 277156.1 � the Pro� e all coste estimated City cove required due diliq studies r , � semiannua "Interest , on the ba respecti as fo3ia i 199 199 199 199 ' 199 200 2Q0 � aao : j � � to 2009�, any Bonds sii Bands re; be prepa maturity prepaid portions on the 'r ��� 1995 $30,Q00 2996 35,040 1997-199$ 40,000 �.s�s so, oao 2Q00 85,000 2001 9Q,OQ0 2002 95,008 All dates are inclusive. 20Q3 20t34 20p5-2006 24ti? aoas 2009 $100', Q00 105�� 000 110�, 000 120�, 000 �as�, o00 135;, 000 3. Puroase. The Bonds shall pravide funds ta :t. The total cost of the Praject, which shall enumerated in Minnesota Statutes, Section 475, to be at leaet equal to the amount of the Band iants that it shall da all things and perfoz�an a ►f it to assure that work on the Project procee :nce to campletion and that any and all permits :quired under law for the Project are abtained. 4. Interest. The Bonds shall bear interes�G p ly on February 1 and August 1 of each year (ea Payment Date"j, commencing August 1, 19951 cal is of a 360-day year of t�welve 30-day months, rates per annum set forth opposite the maturi ty Interest Maturity _,,, Ra�e Y�ar $ 2Q03 2004 2005 2406 2007 2008 2009 5. Redem�tian. All Bonds maturing in the yea: oth inclusiver shall be subject to redemptian � at the option af the City on August 1, 2003, � st Payment Date thereafter at a price of par p: teres�, Redemption may be in who2e or in part ect ta prepayment. If redemption is in part, 1 ining unpaid which have the latest maturity da* firs�; and if only part of �he Bonds having a ate are called far prepayment, the specific Bo� al2 be chosen by 1at by the Bond Registrar. B� hereof called for redemption sha].1 be due and � emption date, and interest thereon shal2 cease 2n��.� 1 I � finance include 5, is . The 1 acts s with and , an t the y years $ s 2004 nd nd on us of the hose e shall comman ds to be nds or aYable accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Reqistrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond RegiBtrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bor►d so surrendered. 6. Band Reqistrar. , in , , is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Reqistrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying aqent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form o� Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registr�tion information thereon, shall be in substantially the following form: zm sb.� 4 � executed Clerk 'anc that the providea permitt other a the man behalf offiaer appear� deliver as if he may elec more typ forth ab , more tiia tempora signatur ugon the thereof, + , obligat benef it� Authent authoriz ' Authenti � persan. i officers � of Authe 8, �xeaution; Te}�po� rarv Bonds. The Bonds sh' on behalf of the City by the signatures of its( t he sealed with the seal of the City; provided� seal of the City may be a printed facsimi3.e; an further that both of such siqnatures may be pri �s and the corporate seal may be amitted an the� �by law. In the event of disab3.lity or resigna ence of either such officer, the Bonds may be s 1 or facsimile siqnature of that officer wha ma such absent or disabled officer. In case eitti ► ose signature or faceimile of whose signature� the Bonds shall cease ta be such officer befor af the Bonds, such signature or facsimile shall .�ess be valid and sufticient far all purposes, t �r she had remained in office unti3 delivery. t to deliver. in lieu of printed definitive bond e ritten temporary bonds in substantially the fo o�e, with such ahanges as may be necessary to re n one maturity in a single temporary bond. Such ry bonds may ba executed with photocopied facsimi e of the Mayor and C2erk. Such tamporary bonds printing of the definitive bonds and the execut be exchanged therefor and cance3led. , authentic ariginal as a date � is Decemb 'executed ,been auth � � ��cause to lbond reqi �the Bond provide � f �transfers herein �r ;prinaipa: � � 277156.1 all be Mayor and however, 9. 1�uthentication. No Bond shall be valid or for any purpose ar be entitled to any securit der this resalutian unless a Certificate of tion on such Bond, substantialiy in the form e set forth, sha31 have been duly executed by regresentative of the Bond Registrar. Certif tion on different Bonds need not be signed by he Bond Registrar shall authenticate the signa f�he City on each Bond by executian o£ the Ce ication on the Bond and by inserting as the da on in the space provided the date on which the �ted, except that for purpases of delivering th onds to the Purchaser, the Bond Registrar shal �of registratian the date of original issue, wh 2, 1994. The Certificate of Authenticatian each Bond shall be conclusive evidence that ticated and delivered under this resolution. �nds as on or nad by act on � such a11 the same e City one or set ect shall, on or n cates of he same ures of tif icate e of iBond is �insert �ch date a �t has � . 0. Registration: Transf�r; Exchange. The City wi.11 kept at the principal office of the Bond Registrar a er in which, subject to such reasonable regulations as gist�ar may prescribe, the Bond Registrar sha21 the registration of Bonds and the registration af f Bonds entitled ta be registered or transferred as ided. � pon surrender for iransfer of any Bond at the ffice of the Bond Registrar, the City shall e 12 (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like agqregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, th�t no Bond may be registered in blank or in the name of "bearer" or similar desiqnation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and etated maturity, upon surrender of the Bonds to be exchanqed at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if neceBs2�ry), and the Bond Registrar shall authenticate, insert the date of reqistration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charqe payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to'reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of sa�d agreement. 11. ��ai�ts Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other•Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond.. zm s6. � 13 Bond draft (the by th clase month sha; � tobej Regula: the Ho: becomes a of the' Sp to the=Ho Record�Da } i Registrar registere payment o ( subj ect such Bond such Bond Registrar I � so prepar the Purch Purchaser thereof , � speaial' f of 1994` F manner he thereon' h Fund the and debit� system an� forth. ; T; conaerned record�s � o system an� resalutio; amounts�as { (i} there shal less accru for theiBo Account � sh an�s�. i 12. �nte�est Payment: Reco�d D�te, Interest� be paid on each Interest Payment Date by chec ed to the person in whase name the Bond is reg er"} on the registration boaks af the City mai d Registrar and at the address appearing there usiness an the fifteenth tl5thy day of the aal preceding such Interest Payment Date �the "Re e" }, Any such interest r�at so timely paid sha k�1e to the person wha is the Holder thereof as cord Date, and sha32 be payab2e ta the person thereof at the close of business on a date (t ecord Date") fixed by the Band Registrar whene ailable for payment of the defaulted interest. aial Record Date shall be qiven by the Bond Re ders not less than ten {10j days prior to the 13. reatme�}�o_�' Rec�is��red Owner. The City may treat the person in whose name any 8ond is as the owner of such Band for the purpase of principal af and premium, if any, and interes o the payment provisions in paragraph 12 above and for all ather purposes whatsoever whether sha21 be overdue, and neither the City nor the shall be affected by notice to the contrary. 14. �liv�; Application of Proce�ds. The H d and exeauted shall be delivered by the Treas ser upan receipt of the purchase price, and th shall not be obliged to see t�o the proper appl 15. Fund a�� Ac�our�ts. There is hereby estab nd to be designa�ed "General Obligation Revenu nd" {the "Fund"j. The Fund shall be maintaine ein specified until aIl af the Bonds and the i ve been fully paid. There shall be maintained ollowing separate accounts to which shall be c d all income and disbursements of the municipa the municipal s�orm water system as hereinaft e Treasurer af the City and all officials and �therewith sha21 estab2ish arid mazntain financi the receipts and disbursements of the City's the City's storm water system in accordance w . In such records there shall be established � �accounts of the Fund for the purposes and in � follpws: Construction Acaou�tt. To the Construction A be credited the proceeds of the sale af the l interest received thereon, and less any amc is in excess of $1,287,000. From the Constru l be paid all costs and expenses of the Praj 14 on any k or istered ntained an at the endar gular ill aease � of the who is �he �er money No�ice gistrar Special � � nd Bond �eceiving j on, or not Bond onds when urer to e icatf on lished a e Bonds d in the nterest �in the redited 1� water er set employees aRl water ith this .. ,,. , t paid ion includinq the cost of construction contracts heretofore let or to be let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the fund after completion of the coets shall be transferred to the Debt Service Account. (ii) 9peration and Maintenance Aacount. There shall be maintained two (2) separate subaccounts in the Operation and Maintenance Account to be designated the "Water Operation and Maintenance Account" and the "Storm Water Operation and Maintenance Account". There are hereby irrevocably appropriated and pledqed to, and there shall be credited to the separate subaccounts of the Operation and Maintenance Account: (a) Water Operation and Maintenance Subaccount. To the Water Operation and Maintenance Subaccount there shall be credited all gross revenues and earnings derived from the operation of the City's water system, including all charges for service, use, availability and connection to the system, when collected, and all moneys received from the sale of any facilities or equipment of the system or any by-products thereof. From this subaccount there shall be paid all the normal, reasonable and current costs of operating and maintaining the facility. Current expenses shall include the reasonable and necessary costs of operating, maintaining and insuring the system, salaries, wages, costs of materials and supplies, necessary legal, engineering and auditing services, and all other items, which, by sound accounting practices, constitute normal, reasonable and current costs of operation and maintenance, but excluding any allowance for depreciation, extraordinary repairs and payments into the Debt Service Account. All moneys remaining in the Water Operation and Maintenance Subaccount after paying or providing for the foregoing items shall constitute and are referred to in this resolution as "Water Net Revenues". (b) Stona Water Operation and Maintenance Subaccount. To the Storm Water Operation and Maintenance Subaccount there shall be credited all gross revenues and earnings derived from the operation of the City's storm water system, including all charges for service, use, availability and connection to the system, when collected, and all moneys �eceived from the sale of any facilities or equipment of the system or any by-products thereof. From this subaccount there shall be paid all the normal, reasonable and current costs of operating and maintaining the facility. Current expenses shall include the reasonable and necessary costs of operating, maintaining and insuring the system, salaries, wages, costs of materials and supplies, necessary legal, engineering and auditing services, and all other items, which, by sound accounting practices, constitute normal, reasonable and current costs of operation and maintenance, but excluding any allowance for depreciation, extraordinary 2n�s6.� 15 rs and payments into the Debt Serviae Account�. Al1 s remaininq in the Storm Water Revenue Operatian and enance Subacaount after paying or praviding for the oing items shall constit�ute and are referred �a in this ution as "Starm Water Net Revenues". (ii�) ��►t S�rvi�e Acco,�t. There are hereby irr� Debt Se7: � Revenues other `ab funds �wh requirem payment accrued funds pa collecti that net and othe and inte. ted and pledged to, and there shall be credite� ice Account: (a) Starn Water Net Revenues andl not otherwise pledged and applied to the payme; igatians of the City, in an amount, toqether w ch may herein or hereafter from time to time be 3y appropriated to the aacount, sufficient to ni nts of Minnesota 5tatutes, Section 4�5.61 for t f the principal and interest of this issue; (h)j n�erest received upon delivery of the Bands; (c d for the Bonds in excess cf $1,287,400; {d} al ns of taxes which may hereafter be levied in th revenues of the water system and the storm wate funds herein pledged to the payment of the pri� est of` the Bonds of this issue are insufficient ;(e} all funds remaining in the Constructiort A after com letion of the Praject and payment of the casts {f1 al3 i vestment earn�ngs on funds held in the Debt Se Account; nd (g) any and all other moneys which are prop available and are appropriated by the gaverning body of to the� ,t Service Account. The Debt Service Account s used soleiy to pay the principal and interest and any pr for redemption of the Bonds and any other qeneral obliga bonds of e City hereafter issued by the City and made from said accaunt as provided by law. f No pc directly c to replace acquire h� tempora'ry for which in an amo1 tne procef proceeds c Constructi Service� Ac pay princi therefrom) federal j ar yield shal applicable applicable under . the not be inv by ar insu rtion of the proceeds of the Bonds sha12 be us r indirectly to acquire higher yielding invest funds which were used directly or indirect2y gher yielding investments, except (1) for a re periad until such proceeds are needed for the the Bonds were issued and t2} in addition to t nt no�t greater than the lesser of f3.ve percent ds of the Bonds or $200,800. To this effect, f the Bonds and any sums fram time to time hel on Accaunt, 4peration and Mai.ntenance Account count (or any other City account which will be pal or interest to become due on the bonds pay in excess of amounts which under then-applica: itrage regu].ations may be a.nvested without re� not�be invested at a yield in excess af the yield restrictions imposed by said arbitrage on such investments after taking into accoun "temporary periads" or "minor portion�� made a� �ederal arbitrage regulations. Maney in the F` ested in ob2igations or deposits issued by, gu �ed by the United States or any agency or an� 56. � I I 16 evocanly d to, the Water Net nt of ith other the all all event system ipal thereof; vice rly he City all be miums ion avable �nts or � 5onable �rpase � abave (5$) of �y in the r Debt atsed to �le le �rd to any �ilable zd shall instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the NCode"). 16. Excess S�orm Water Net Revenues and Water Net Revenues. Storm Water Net Revenues and Water Net Revenues in excess of those required for the foreqoing may be used for any proper purpose. 1�. sufficiency of Storm Water Net Revenues and Water Net Revenues. It is hereby found, determined and declared that the Stor� Water Net Revenues and Water Net Revenues are sufficient in amount to pay when due the principal of and interest on the Bonds herein authorized and a sum at least five percent (5�) in excess thereof, and the Storm Water Net Revenues and Water Net Revenues are hereby pledged for the payment of the Bonds of this issue and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of this issue as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the Storm Water Net Revenues and Water Net Revenues of the municipal water system and the �ur►icipal storm water system for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated Storm Water Net A�venues and Water Net Revenues will be sufficient in addition to all other sources, for the payment of the Bonds herein authorized and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 18. �ovenant to Maintain Rates and C�arqes. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, avail- ability and connection to the municipal water system and the municipal storm water system at the times and in the amounts required to produce Storm Water Net Revenues and Water Net Revenues adequate to pay all principal and interest when due on the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations". � 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants aynd other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharqe its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar zn��.t 17 on or be in full ; asums accrued its obI their te that dat provided The City respect hereafte qualifie securiti Subdivis rates an regard ;t due ther required date. The provi provide f Regulatia applicabl those pox reimburse have paid , Expenditu .ore that date a sum sufficient for the payment� or if any Bond should not be paid when due, it � ess be discharqed by depositing with the Bond R ficient for the payment thereof in full with in a the date of such deposit. The Git�y may also(� �ations with respect to any prepayahle Bonds caly in on any date when they are prepayable accordin �s, by depositing with the Bond Registrar on orj � a swn sufficient for the payment thereof in fw �at notice af redemption thereof has been duly y also at any time discharge its abligations � :i� any Bonds, subject to the provisions af law n ��authorizinq and requlating such action, by dep ►�y in escraw, with a suitable bankinq instituti d�by law as an escrow agent for this purpose, ca e described in Minnesota Statutes, Section 475. i�n 8, bearing interest payable at such times an d maturing on such dates as shall be required, w o sale and/or reinvestment�, to pay all amoun�s t e�n to maturity ar, if notice of redemption as h i�as been duly provided far, to such earlier red 20. Cc�mpliance W�.t� �e�.mbursement Bond Requla ions of this paragraph are intended to establi r the City's compliance with United States Tre s Section 1.150-2 (the "Reimbursement Regulati to the �reimbursement� praceeds�' of the Bonds, ions thereaf which wili be used by the City io itself for any expendi.ture which the City paid rior to the Closing Date {a "Reimbursement e°� . ty hereby certifies and/or covenants as fol ,ischarge ed for ' to before 'ot iater than b8 days after the date of paymen .eimbursement Expenditure, the City tor person esignated to do so on behalf of the City} has �i21 have made a written declaration of the Cii ffiaial intent (a "Declaration") which effecti tates the City's reasonable expectation to rei tself for the payment of the Reimbursement Exp ut of the proceeds of a subsequent borrowing; ives a general and functional de�cription of t roperty, project or proqram to which the Deela elates and for which the Reimbursement Expendi aid,ior identifies a specific fund or account �ity and the general functional purpose thereof hich the Reimbursement E�enditure was to be p collectively the "Project"); and (iii) states aximum principal amount of debt expected to be y the City for the purpose o�' financing the Pr ;rovided, however, that no such Declaration sha 1s �.ven . th � or iting n or 7, at such thout become rein �,�.� . and ury s") . eing r will : of a ade or f� ely {i) burse nditure ii) e ation ure is f the from id he issued ject; necessarily have been made with respect to: (i) Npreliminary expenditures" for the Project, defined in the Reimbursement Regulations to include enqineering or architectural, surveyinq and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20� of the "issue price�� of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5$ of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1994, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowinq (taxable or tax-exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation'� described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior toj the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writinq that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 20 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. General Obligatian Pledge. For the prompt and full payment of`the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are irrevocably pledged. If the net revenues of the municipal water system and the municipal storm�water system appropriated and pledged to the payment of principal and interest on the Bonds, together with other funds irrevocably appropriated to the Debt Service Account herein 2msb. � 19 es�ablis� principa2 levy, wit� upon a21 pra.ncipal Debt Serv and inter deficienc the City ' funds may Accaunt w I directed � County �Au� other inf Caunty Aw tha Gount� City are : the Purch issuance recards;o condition certifica ;d, shall at any time be insufficient to pay s and interest when due, the City covenants and �out limitation as to rate or amaunt an ad val ,axable praperty in the City sufficierit to pay and interest as it� becomes due. If the balan ce Account is ever insufficient ta gay all pr ;st then due on the 8onds payable therefrom, t � shall be promptly paid out of any other acco �hich are available for �uch purpose, and such be reimbursed without interest from the Debt ,en a sufficient balance is available therein. same appea control } or copies, ,ce furnished, 'facts =eci � � �:igs�.•' , the Boncis used, or t cost of th ,'�private; a 141 throuct 22. ��rtificate of ReQistr t��.on. The Clerk i o file a certified copy of this resolution wit itor of Dakota County, Minnesota, together wit rmation as he or she shall require, and to obt itor's certificate that the Bonds have been en Auditor�s Band Register. 3. Records and Certif#.cates. The o€ficers of reby authorized and directed to prepare and fu er, and to the attorneys approving the legaliti the Bonds, certified copies of all proceeding the City relating to the Bonds and to the fina nd affairs af the City, and such other affidav s and infarmation as are required to show the the 2egality and marketability of the Bonds a from the boaks and records under their cus�od as otherwise known to them, and all such certi tificates and affidavits, including any hereta shall be deemed representations of the City as ed therein. . 4. Neqat�.ve Cavenant as ta IIse of Proceeds an he City hereby covenants not to use the procee r to use the Projeet, or to cause or permit th enter into any deferred payment arrangements Project, in such a manner as �Go cause the Bon tivity bonds" within the meaning of Sections 1 150 of the Code. i ; �' shall compl� establisii a Section 203 without lim for investm� greater tha� investment � with other ; outstanding small-issue� I zrr��.i i rees to m tax ch in the ipal e of her vice hereby the such n the red in �he nish to of the and cial ts, the and ied to the s of m ta be or the s to be 3 and .�ax-Exempt Status of the Bonds; Rebate. Th�i with requirements necessary under the Cade ta� d maintain the exclusion from gross income und+ of the Code of the interest on the Bonds, inal� tation (1) requirements relating to temporary � nts,� (2) limitations on amounts invested at a� the yield on the Bonds, and (3) the rebate of' arnings �o the United States 3.f the Bonds (tag� bligatians reasonably expected ta be issued an� at ane time in this ca2endar year} exceed the exaeption amaunt of $5,OOO,QOo. � Cit�y � ield excess For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuinq $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a qovernmental unit with qeneral taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95�) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the Cityj during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (fj (4) (C) of the Code. 26. Designation of Oualified Tax-Exempt Obligat�.ons. In order to qualify the.Bonds as "qualified tax-exempt obligations�� within,the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not ��private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1994 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1994 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the desiqnation made by this paragraph. � 27. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability 27T156.1 2 1 of such s the remai . � included hereof ; a provisian ctian, paragraph or provision shall not affect� any of ing provisions of thie resolution. � 28. ea�inas. Headinqs in this resolut�ion are 'or convenience of reference only and are nat a part �d shall not limit or define the meaning of any hereof , ��The matian for the adoption of the foregoing was du2y seconded by member and, aft discussio' thereof and upon a vote being taken thereon, followinq voted in favor thereof: � and the f�2lowing voted against the same: Whereupon sa3.d resolution was declared duly p adopted. � � am56.1 � � , � 22 olution a �'ull sed and STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersiqned, beinq the duly qualified and acting Clerk of the City of Mendota HeiqhtB, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoinq extract of minutes with the oriqinal thereof on file in my office, and that the eame is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly - called and held on the date therein indicated, insofar as such minutes relate to considering bids for, and awarding the sale of, $1,300,000 General Obligation Revenue Bonds of 1994 of said City. WITNESS my hand this day of November, 1994. Clerk � 2ms6.� 23 T0: FROM: SUBJECT�: In 1 Oc finance�th purchases. i i Bids tabulated , , "RESO ' OF $290,'00 PROVIDING � THEREOF ° a: THE SALEi Ol •PROVIDING i ; �LES:kkb i 1 I i . i CITY OF MENDOTA HEIGHTS MEMO November 9, 1994� yor, City Council and City Administrator awrence E. Shaughnessy, Jr., Treasurer ond Sales: $1,300,000 G.O. Revenue Bond�?� $ 290,000 Equipment Certificates ober, the City called for the public sale of Storm Water and Water Tower Improvements and f re to be received at 4:00 P.M. on Tuesday, or the Council meeting. r bids received, and adopt the follow Resolut oonds to �uipment will be e ,UTION N0. 94- , A RESOLUTION ACCEPTING BID ON THF SALE I GENER.AL OBLIGATION EQUIPMENT CERTIFICATES OF 1994 AND E'OR THEIR ISSUANCE AND LEVYING A TAX FOR THF�PAYMENT .d RF�SOLUTION N0. 94- , A RESOLUTION ACCEPTING BIDS ON $1,300,000 GFNERAL OBLIGATION REVENUE BONDS OF 2994 AND 'OR THEIR ISSUANCE". I [ The Council then proceeded ta consider and discuss the bids, after which member in�roduced the fo2lowing reso2ution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE 4F $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1994, PROVIDiNG FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council af the City of Mendota Heights, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $290,800 General Obligation Equipment Certificates of 1994 of the City, pursuant to Minnesota Sta�utes, Chapter 4?5 and Minnesata Statutes, 8ection 412.301, to finance the acquisition of various capital equipment for the City (particu2arly, fire and street equipment) (the "Equipment"); and 8. WHEREAS, the Equipment has an expected useful life at least as long as the final maturity of the certificates; and C. WHEREAS, the amount of the certificates to be issued does not exceed one-quarter of ane percent {0.25�} of tha market value of the taxable property in the City; and NOW, THEREFQRE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Accepta�nce of �id. The bid of (the "Purchaser") to purchase $290,000 General Obligation Equipment Certificates of 1994 of the City (the "Certificates", or individually a. "Certi�icatet�), in accordance with the notice of cer�ificate sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , p2us interest accrued ta settlement, is hereby found, determined and declared to be the most favarable bid received and is hereby accepted, and the Certificates are hereby awarded ta said bidder. The Clerk is directed to retain the deposit af said bidder and to farthwith return to �he unsuccessful bidders their good faith checks or drafts. 2. Title: Ori inal Issue Date; Denominations,�, Maturi�,�.es. The Certificates shall be titled "Genera3 Obligation Equipment Certificates of 1994", shall be dated December 1, 1994, as the date of briginai issue and sha21 be issued forthwith on or after such date as fully registered certiiicates. The Certificates shall be numbered from R-1 upward in the denomin- ation of $5,000 each ar in any integral multiple thereof of a 27T047.1 2 I + t ! � , , � � sin le� m . g � of prepa � � , 199 199 : 199 ty. The Certificates shall x�ature, without option , on December 1 in the years and amounts as follows: �_�� !, _ � $30�000 50,Q00 90,080 �T'�� 1998 $90,000 1999 30, 00�0 � � 3. �u�'D,se. The Certifiaates shall provide funds ta acquire e Equipment. The total aost of acquiring the Equigment, which shall include all costs enumerated in Minnesota Statutes,�Section 475.65, is estimated to be at least eq',ual to the amount af the Certificates herein authcarized. I payab2e , an "Inte on the}b respecti as folla ' Mat iv 4. Interest. The Gertificates sha11 bear interest miannually on June I and December 1 of each ye�ar {each, st Payment Date"), commencing June 1, 1995, calculated is of a 360-day year of twe3.ve 30-day months, at the rates per annum set forth apposite the maturi�y years ity Interest r Rate � 1995 '19�6 +19 7 � $ Maturxty Year 1998 1999 Interest � � � 5. �o Redemption. The Certificates shall not be suhject t redemption and prepayment priar to their maturity. ' ` 6. Gertificate Reqistrar. � ; , � � =(, is appointed to act as certificate registrlr,and � transfer �gent with respec� to the Cer�ificates (the "Certificate ' Registr"ar'�), and shall do sa unless and untiZ a successor � Certifica�e Registrar is duly appointed, aI2 pursuant to1any ; contract �he City and Certificate Registrar shall execute which ; is cons•ist�ent herewith,• The Certificate Registrar shalllalso ; serve as aying agen.t unless and until a successor paying agent � is duiy a pointed. Frincipal and interest an the Certificates � shal], be aid to the registered holders (or record holders) of ; the Cert.i icates in the manner set forth in the form of � � Certifica,e and paragraph 12 af this resolution. � � � # � ? I � i ; �! � 2tm97. � # I 3 ?. �'or�n o�' Certificate. The Certificates, toqether with the Certificate Registrar's Certificate of Authenticatian, the form of Assignment and the registration information thereon, shall be in substantially the following form: Certific� siqnatur� the City, printed : signatur� be omit�� of disab: offi.cer, facsimil+ absent� o� signature Certific< of the` CE as if he may elec� one or 1 m� the f or�n to refle� certific; photocop , certifica cancelled obl i.gato benef it Authenti au�horize Certifica be signed authentic Certifica the Cer,ti the space authentic original shall ins zssue, wh 8. Exe�ution. Tempararv Certifica�es. The tes shall be executed on behalf of the City by s of its Mayor and Clerk and be sealed witi� th� provided, however, that the seal of the City n acsimile; and provided further that both of suc s may be printed facsi.miles and the corporate s d on the Certificates as permitted by law. In lity ar resiqnation or ather absence of either the Certificates may be signed by the manual oY signature of that afficer who may act on behal disabled officer. In case either such offiaeY or facsimi2e of whose signature shall appear c �tes shall cease to be euch officer before the d rtificates, such signature or facsimile shall. ��ess be valid and sufficient for all purposes, t br she had remained in office until delivery. to delivar, in lieu of grinted definitive cert e typewritten temporary certificates in substa et forth above� with suoh changes as may be ne more than one matuzity in a single temporary e. Such temporary certificates may be execute d faasimile signatures of the Mayor and Clerk. certificates shall, upon the printing of the d es and the execu�ian thereof, be exchanged the conclus'iv� under thi: � cause tc► l Reqistrar reasonabli 9. Authenticatio�}r. No Certificate shall be for any purpose or be entit2ed ta any securit ,der this resolution unless a Certificate of tion on such Certificate, substantially in the e set farth, sha21 have been duly executed by representative of the Certificate Registrar. es of Authenticatian on different Certi�'icates by the same persan. The Certificate Registrar te the signatures of officers af the City on e e by execution of the Certificate of Authen�ic icate and by inserting as the date af registra provided the date an which the Gertificate is ted, except that for purposes of delivering th ertificates to the Purchaser, the Certificate r� as a date of registration the date of origi ch date is December 1, 199�. The Certificate tion so executed on each Certificate shall be evidence that it has been authenticated and d resolution. 28. �eqi.�tratian� Tr�nsfer: Exchanqg. The Ci ��e kept at the principal office of the Certific a certificate register in which, subject to su ; regulatians as the Certificate Regi�trar may zrro9�. � ! 1 12 seal of ,y be a :al may �he event uuch ' of such whos�e � the :livery .e same 'he City ficates, ,tially essary , with Such f initive �efar and alid or � or form n need nat shall ch tion on ion in egistrar al f 1. ivered v will prescribe, the Certificate Registrar shall provide for the registratian af Certificates and the registration of transfers of Certificates entitZed to be reqistered or transferred as herein pravided. Upcn surrender for transfer af any Certificate at the principal affice of the Certificate Registrar, the City shall ea�ecute {if necessary}, and the Certificate Reqistrar shall authenticate, insert the date of reqistration (as provided in paragraph 9) afl and deliver, in the name of the designated transferee or transferees, one or more new Certif•icates of any authorized denominatian or denominations of a like agqregate principa3 amount, havi.nq the �ante stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name af "bearer" or similar designation. At the optian o£ the Holder, Certi�ica�Ges may be exchanged for Certificates of any authoriaed denomination or denominations af a like aggregate principal amount and stated maturity, upon surrender af the Certificates to be exchanged at the principal offica of the Certificate Registrar, Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Certificate Registrar shall authenticat�e, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. �ili Certifiaates surrendered upon any exchange or transfer provided for in this resolution 6ha11 be promptly cancel3.ed by the Certifioate Registrar and thereafter dispased of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled ta the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented ar surrendered for transfer or exchanqe shall be duly endarsed or be accompanied by a written instrument of �ransfer, in form satisfactory to the Gertificate Registrar, duly executed by the iialder thereaf or his, her or its attorney duly authorized in writing. . The sufficient to in connection and any Iega� Certificates. Certificate Registrar may require payment of a sum cover any tax or other governmental charge payable with the transfer or exchange of any Certificate or unusual costs regarding transfers and lost 277pqT,1 1 3 requlati Certific Certific dates `an negotiat � i Certific lieu of interest suc.�t oth Certific or draft register maintain (15th�ada Payment D so time2y Holder � �th gayable t business Certifica payment o Date shal not iess Certifica Certifica the purpc any, and � 12 above) neither� t by notice Transfers shal3 aiso he subject to reasonable' ns of the.City contained in any aqreement with te Registrar, includinq regulations which perm. te Registrar to close its transfer books be�we� payment date�. The Clerk is hereby authorizes and execute the terms of said agreement. 21. Rights Upo� Tra�nsfer or Ex�ha»ag. Each e delivered upon transfer of or in exchange y ather Certificate shall carry all the righ� ccrued and unpaid, a►nd to accrue, which were Certif icate. 12. ,�nteres� Paymen�. Record Date. Interest :e shali be paid on each Interest Payment Date �ailed to the person in whose name the Certifi l(the "xolder"} on the reqistration boaks of � by the Certificate Registrar and a� the addr thereon at the close of business on the fifte � of the calendar month next precedinq such In ,te {�he "Regular Record Date"?. Any such int paid shall cease to be payab2e to the person � reof as af the Regular Record Date, and shall f the person who is the Holder thereof at the �n a date (the "Special Record Date'�) fixed by e Registrar whenever money becomes available the defaulted interest. Natice of the Speci be given by the Certificate Registrar to the han ten �lOj days prior to the Specia2 Record i3. �'reatme�t af Reqistered Own�r. The City e Registrar may treat the person in whose name e is registered as the owner of such Certifica e of receiving payment of principal of and pre nterest {subject to the payment provisions in on, such Certificate and for all other purpose whether o= nat such Certificate shall be over e City nor the Certificat�e Registrar shall be to the contrary. �14. U�l�.very; Application of Proceeds. The , Certifica�es when so pregared and executed shall be deli ; the Treasu�rer to the Purchaser upon receipt of the purch price, and the Purchaser sha1Z not be obliged to see to praper app�lication thereof. speca.al � fu; Certificat+ maintained . � the t the n record to .5. �'und and Ac�oun��. There is hereby create9 id to be designated the "General Obligation EquN ►s of 2994 Fund" (the "Fund"j ta be administere± by the Treasurer as a bookkeeping account sepa; 27�o97.t 1 { 1 4 � or in to rried by n any y check te is e City t not is the m Record any e for ium, if ue, and ffected by a and te and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued interest received thereon, and less any amount paid for the Certificates in excess of $287,500, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before June 1, 1995). From the Capital Account there shall be paid all costs and expenses of acquiring the Equipment, including the cost of any purchase contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all funds paid for the Certificates in excess of $287,500; (b) all accrued interest received upon delivery of the Certificates; (c) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before June 1, 1995); (d) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (e) all funds remaining in the Capital Account after acquisition o� the Equipment and payment of the costs thereof; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Certificates and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portiontof the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable 27T097.1 1 5 •� for wh�ic above ,in (5�j of ef f ect', ta time ; any othe. interest excess o invested restrict periods" arbitrag in oblig the Unit to the�e to be !' f of the � I periad until such proceeds are needed for the the Certificates were issued and (2) in addit an amount not greater than the lesser of five he praceeds of the Certificates or $100,000. ny proceeds of the Certificates and any sums f eld in the Capital Account or Debt Service Acc City account which will be used to pay princi to become due on the certi.ficates gayable ther amounts which under �hen-applicable federal a ns may be invested without regard to yield sha at a yield in excess af the applicable yield ons imposed by said arbitrage regulations on s ts after taking into account any applicable „t or "minor portion" made available under the fe regulatians. Money in the Fund sha13 not be tions ar deposits issued by, guaranteed by or d States or any agency or instruinentality ther tent that such investment would cause the Cert derally guaranteed" within the meaning of Sect �ternal Revenue Code of 1986, as amended (the " , payment o is hereby direct!an rolls and taxes in � I , ; � � together� the Certi � excess `af interest and unpai � ta reduce � Minnesota , � ' _. _ 1 and other 27789T.1 15. Tax Levy; Cover�ae Test. To provide mon : the principal and interest on the Certa.ficat levied upon a12 of the taxable property in th �ual ad valorem tax which shall be spread upan collected with and as part of ather general p :he City for the years and in the amaunts as f Year of Tax Levy 1994 2995 1996 1997 1998 Year of Tax Coll.ection 1995 2996 1997 �.�s$ 1'� 99 $ The tax levies are such that if collected in f rith o�her revenues herein pledged for the paym �icates, will produce at least five percent (5� the amount needed to meet� when due the princip ►ayments on the Certificates. The tax levies s: �le so long as any of the Cer�ificates are outs l, grovided that the City reserves the right an the levies in the manner and to the extent per Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Certificates have b E as provided in this paragraph, a21 pledges, c Irights qranted by this resolution to the regis F�� to the this m time nt ( or 1 or rom� in itrage nat be sured by f if and icates n 149 (b� de" ) . s for there City a he tax lows: 11 they, nt of in 1 and all be power tted by red holders of the Certificates shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositinq with the Certificate Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharqed by depositinq with the Certificate Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizinq and regulatinq such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow aqent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturinq on such dates as shall be required, without reqard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. �p���ce W�ith Reim�Lrsement Bond Reaulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closinq Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration��) which effectively (i) states the City�s reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) , qives a qeneral and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from �hich`the Reimbursement Expenditure was to be paid (collectively the "Project�'j; and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; 27T097.1 17 {bj : {c} i � , � t � , � Provided, � of the � fo an opinio ; effect ith � the Certi i � � full �avm provided, however, that no such Declaration sl' necessarily have been made with respect to: (� '�preliminary expenditures" for the Project, d� the Reimbursement Regulations ta include engi� architectural, surveying and soil testinq e�+ Bimilar prefatory costs, which in the aggrega� �xceed 2Q& of the "issue priaep of the Certif: and (iij a�e m.�.nimis amount of Reimbursement' 8xpenditures not in excess of the lesser of $: 5�t af the proceeds of the Certificates. Notwithstanding the foregoing, with respect t� Declaration made by the City batween January : and June 30, 1994, with respect to a ReimbursE E�cpenditure made prior to March 2, 1994, the t hereby represents that there exists objective that at the time the E�enditure was paid the expected to reimburse the cast �thereof with t� proceeds of a borrowing (taxable or tax-exempi �hat e�cpectatian was reasonable. Each Reimbursement E�enditure is a capital or a cost of issuance oi' the Certificates or other types o€ e�enditures described in Sec 2(d}(3� af the Reimbursement Regulations. The "reimbursement allocation" described in t Reimbursement Regulations far each Reimbursem E�nditure shail and wi21 be made forthwith (but not prior to) the issuance of the Certif in all events within the period ending on the which is the later of three years after payme Reimbursement Expendi.ture or one year after t which the Praject to which the Reimbursement E�tpenditure relates is first placed in servic Each such reimbursement allocation will be m writi.ng that evidenaes the City's use of Cer proceeds to reimburse the Reimbursement Expe and, if made within 30 days after the Certif issued, shall be treated as made on the day Certificates are issued. however, that the City may take action contrar �egoing covenants in this paragragh 3.8 upon rec i af its Bond Counsel for the Certificates stat �t such action wi22 not impair the tax-exempt s _. . . 19. ��n�ra2 Obl�.gation Pledae. For the prompi :nt of the principal and interest on the Certif: 27m9�. t { I 18 �al l :fined in �eering or :nses and ;e do not ,cates, .00r000 or � any �, 1994 ment 'ity evidence, City e ) and pendi.ture ny of the on 1,150- e nt allowing cates and date t of the e date on in a icate ture tes are to any ipt of ng in atus of and ates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledqed. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other fw�►ds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Certificate of Reqistration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Certificates have been entered in the County Auditor's Certificate Register, and that the tax levy required by law has been made. 21. Records and Ce�tifica�es. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving �he legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 22. Negative Covena�t as ta Use of Proceeds and �quiDment. The City hereby covenants not to use the proceeds of the Certificates or to use the Equipment, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificates to be "private activity bonds�' within the meaning of Sections 103 and 141 through 150 of the Code. 23. �ax-Exemnt Status of k�e Certificates; itebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from qross income under Section 103 of the Code of the interest on the Certificates, includinq without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a y�eld greater than the yield on the Certificates, and (3) the rebate of excess investment earnings to the United States if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in 277097.1 1 9 this cal $5,000,0 is a pri ' of the n the jur the Cit bonds ( a32 sub issuer; � Certif3. of In order obligati the City represen zTra9�. � year} exceed the small-issuer exception For purposes af qualifying for the exception � rbitrage rebate requirements for governmental � 5,800,008 or Iess of bonds, the City hereby fi; s and declaras tha� {ij the Certificates are i tal unit with general taxing powers, �2) no Ce ate activity bond, (3} ninety-five percent (95 t proceeds of the Certificates are to be used tal activities of the Gity (or of a government� diction of which is entirely within the jurisd , and (4} the aggregate face amount of ail tax her than private activity bonds) iesued by the dinate entities therecf, and ail entities trea� th the City} duri.ng the ca3endar year in which tes are issued and outstanding at one time is ; y expected to exceed $5�000,000, all within th� n ��s (f) (4) (n) of the code. 24. Desigx�atian af 4uali�ied Tax-Exempt 4bli :o qua2ify the Certifiaates as "qualified tax- ts" within the meaning of Sectian 265(b)j3) of ►ereby makes the followinq factuaZ statements i�ions: (a) the Certificates are issued after 1986; {b} the CertiEicates are not "private a bonds" as defined in Section 141 of the Code, (c� the City hereby designates the as "qualified tax-exempt obligations" for section 265(b)(3) of the coae; (d} the reasonably anticipated amount of tax-exempt obiigations (other than private act bands, treating qualified 501(c)(3) bands as n private activity bonds) which will be issued b City {and all entities treated as one issuer w City, and all subordinate entities whose oblig are treated as issued by the City) during this year 1994 wi1l not exceed $10,000,000; and (ej not more than $10,000,800 of obli,gat ed by the City during this calendar year ] desiqnated for purposes of Seetion 265{b} Code. F�+: � o the nits ds, sued by a tificate � or more or Zoaal 1 unit ction of ty (and . as one meaning Code, 7, ivity icates ses of .vity �t being � the ,th the .tions calendar 94 have 3) of The City shall �se its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the desiqnation made by this paragraph. 25. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paraqraph or provision shall not affect any of the remaininq provisions of this resolution. 26. �eadi�as. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted aqainst the same: Whereupon said resolution was declared duly passed and adopted. 277097.1 2 1 .• . STATE ,C1F COUNTY 0 CITY OF: , Clerk of , CERTIFY of minut � that the � minutes 1 called{a; minute� � the sale , of 1994 � � 1 277097.1 MINNES4TA ' DAKOTA ENDOTA IiEIGIiTS I, the undersigned, being the duly qualified the City of Mendo�a Heights, Min�nesota, DO HE t I have compared the attached and foregoing with the original thereof on file in my off ,me is a fu21, true and complete transcript o a meeting of the City Council of said City, held on the date therein indicated, insofar d aating �Y xtract , and the ly such late to opening and considering bids for, and iwardin f, $290,000 General Obligation Equipment Certificates said City. � WITNESS my hand this 15th day of November, 1994. � 22 Clerk To: From: Subject: j CITY OF MENDOTA HEIGHTS �� � Novem r 10, 1994 Mayor, City Council and City Admini Kevin Batchelder, Administrative Ass Planning Case No. 94-33: General Pump, Inc. - Variaaces i Mr. Len Lilyholm, representing General Pump, appeared before City C November 1, 1994 meeting to request the following variances: 1. A; dri eway setback variance for both Lots 3 and 4, Block 1, Northland allow a shared driveway; and i 2. A� ten foot (10') side yard setback variance for the parking area to impr< turn �ound area; and i 3. A� tw� t The ( desired to re by both Lots to Lot 4 alon , Council cont meeting to a] documents. i Mr. I November 8, ' Council gran 1. A�dri ; allow � ( 2. A �ten foot (20') front yard sign setback variance. ,y Council expressed concerns with the layout of the shared drivew �w the documents that would describe the easements for use of the City Council also expressed a concern that there be no further vari Highway 55 due to the condition created by the shared driveway. ued consideration of the variance requests until the November 15, �w time for the applicant to revise the driveway and submit the req �l Erickson has responded to the City's request and you will find 19941etter, a revised Site Plan and an Easement Agreement. anning Commission voted unanimously (7-0) to recommend that the follQwing variances: �vay setback variance for both Lots 3 and 4, Block 1, Northland shared driveway; and � (10') side yard setback variance for the parking area to area; and at their � the truck and given his City to the truck 3. A twenty foot (20') front yard siga setback variance. subject to the filing of an easement or dedication which establishes the shared driveway with the understanding that should the applicant desire to use the other parcel, a vacation could be sought. The City Council also discussed a condition that no variances be allowed along Highway 55 for Lot 4 due to the conditions created by the shared driveway. ACTION REOUIRED If the Council desires to implement the Planning Commission's recommendation, they should pass a motion to approve: 1. A driveway setback variance for both Lots 3 and 4, Block 1, Northland Plaza. to allow a shared driveway; and 2. A ten foot (10') side yard setback variance for the parking area to improve the truck turnaround area; and 3. A twenty foot (20') front yard sign setback varia.nce. with the following conditions: 1. The filing. of an easement which establishes the shared driveway with the understanding that should the applicant desire to use the other parcel, a vacation could be sought. 2. That no variaaces be allowed along Highway 55 for Lot 4 due to the conditions created by the shared driveway. t .TOSEPH D. ZWAK ATTORNEY AT LAW 4801 WEST 81st STREET SUI9E ]OS DLOOMINGTON, MINNESOTA 55437 AREA CODE 612 TELEPHONE 830-8128 • FAX 835-4461 Novembe�r , 1994 � City of, ��1 ndota Heights 1101 Vict ria Curve Mendota� H ights, P1N 55118 � HAND DELIVERED Re,: eneral Pump - Common Driveway Variance Dear Sir/ adam Enclosed are 12 copies of the executed Common Drive�•ay Easement or Lots 3 and 4, Block 1 Northland Plaza, which is scheduled for reivew at the P�ovember 15th Council Mleeting. � The architect will be delivering copies of the site plan with the drivet�ray easement noted on the plan. � Please give me a call should you have any questions. � ( Sincerely`; � c ; _ . oseph D. Zti k Attorney a aav i � Encl. :I � DELANO ERICKSON ARCHITECTS �+ � 7415 WAYZATA BOULEVARD MINNEAPOLIS MN b5426 ' 612 - 544-8370 November 8, 1994 Mr. Kevin Batchelder City of Mendota Heights 1107 Victoria Curve Mendota Heights, Minnesota 55118 Re: General Pump Commission No. 9422 Dear Mr. Batchelder: In response to your letter of November 3, 1994 and the council request, we are submitting a revised Site Plan Sheet A-4 describing the easement and revised driveway location which is common to Lots 3 and 4. Also enclosed is the revised draft of easement for the common drive. The above establishes a common 30' wide driveway shared equally between Lots 3 and 4 at the street with a 15' easement on each lot. This easement continues to the building location at bend in property line; then changes to a 24' drive with a 10' easement on Lot 4 and a 15' easement on Lot 3, thus, not reducing the usable area of Lot 4 since the easement is the same as the minimum side yard setback to pazking of 10'. While the building setback is still 30' and the previous 15' easement did not reduce the building area, the proposed 10' easement will provide some additional flexibility and parking area. for Lot 4. We feel the foregoing is a good compromise and enhances Lot 4 without serious negative impact on Lot 3. We will be at the council meeting to answer any questions. Sincerely, DELANO ERICKSON ARCHITECTS � � ..___.___._� Del Erickson, AIA DE/tlt Enclosure , !� wife, as �" G�s�.'�T�i'����.�5`iii�'�.'�7�'���� undersigned, Michael P. Christopherson and Kathleen J. Chri fee simple owners of: ! � ; Lots 3 and 4, Block l, Northiand Plaza, Dakota Caunty, Minn •' for the purpose of providing a common driveway to service said lots, hereby € i far the construciion and maintenance of a driveway for ingress and egress, as a ; af the Iots for the bene�t of the adjoining lot over and acrass the follawing d The westerly fifieen (1S) feet of Lot 3, Block 1 Northland Plaza The easterly fifteen (15) .feet of the northerly one hundred and ei feet and the easterly ten (IQ) feet of the southerly two hundred a and twelve one-hundredths (283.12) feet of Lat 4, Block l., N� including the extension af the notherly easement line to the point ivith the sautherly easement line. Fram and after the dats of construction of the cammon driveway the res� of Lots 3 and 4, Black 1 Narthland Plaza. shall share equally in the cast of m repair�ng said 'dciveway; which costs shall include, but not be limited to, reqt sealing, snaw plowing ar�d repiacement of ihe base andlor wear surface. � ' This document shall alsa serve as record notice that a pari of the consid City of iVlendota Heights grariting a variance far the constructian of the cammon the understanding that in the davelopment of Lot 4 no variance shall be requesied o the requ ired set back from Highway S5. parties is agreement shall run with the land herein described and sha11 be bir -eto and their heirs, executors, administratars, successors and assigns. WITNESS• WHER.EUF the parties hava set their hands this �� day i t � � ichael P. C � ` � � � � �' � Kathleen 7 C i ` husband and an easement :n upon each ed praperty: y-two (182) eighiy-three iland Plaza, intersectian ve awners �ining and patching, �ation far the lriveway was granted from upon the Navember, �' � , OEL.ANC► ERtCK, �, _ �]J� , . � ? • ••-,ir� L � ' �'•t16 �,,,_, �" 1 � � October 4,' 1994 � � � City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesata 55118 Re: General Pump Gommission Number 9422 � Gentl�men: � Tb.is lett�er of intent is in conjunction with application for variance on the above p: defsned on att�ched Drawing Sheets A 1-R, A 2 R, A-3-R and A 5. Specific iten approvai are as follows: , 1. Relocate driveway to be centered an pmperty line as a shareci drive and ac both parcels, The hardship of ins�dling two driveways on the narnaw fron the tight cwrve of Northland Drive makk�ss a shared drive a better, safer sol� � 2. Revise setback ta truck maneuvering drive area to vary from 20' to 10' to w�th dock, along soath ProperiY line. Ti�e hasdsiup of maintaining 20' cre tighter truck maneuveaing to east requiring double movement by truck. Sc area to fr+eeway urili be main�ained by heighi of beim aad pIants. 3, Sign vaziance of 24' setback as shown on Sheet A 5. E[ardshzp of topogra� ' curve pmvides for poor visibility and a higher elevation above street at 40' We pmgose an $' high pylan with logo and a company name pla� sign on retaining wall (backdrap which transitions the slope). Please contact us if you have any questions or require more infarmation. t�RCHI'I`ECTS DEJtIt i Attachments � ' cc: x Mr. h�i.ke Christaferson � General Pump, Inc. I ; I � w � ��cs.�-, �1�,,�,�'a . . ARCHtTECTS YZATA BOULE1/ARO tEAPOUS MN 65426 612 - 644-8370 ecc as far ss for ;es on an. parallel �a rning of y and :tback. ce of ♦l.�i.,1� � -- City._ o� 1��ieridota I-Ieigl�ts � AFPLICATION F4R CONSIDERATIUN {JF . PLAN�G REQITEST . . • �. . �.. .�.R • � � � • r �i 'r"r'�i � � i Applicant Name: �s��3�� �t � w�.t i NC.�. PH: (i:�t} tFust} tMi} Adciress: i 1'1 �i ���(t,au�'�,��'' S�'/'�"�' (Numt�cer & Street) (G�Ly) tStaie} C�F) ' Own�'Name: � �S !� -�`�'c� r (Last} (First} , (I� Address: � ��`-�' - {Number & Sirect) (�ty) {Stase) { .?'.zP? Smeet Locadoa of Property in Qucsdon: � I?�{ � a'i�}�U'Fw� ''"D�t� i-�--�- T.egai De�ription of Piv�serty: �n.- • ; -�� :,� � R�ning Condidonat Usc Pemnit CQnditional Use Permit far P.U.D. Pl�n Approvat � Compreheusive P�aa Ameadment Applicablc C�ity Ordinanae Number `�pi _�, Vanancc Subdivisioa Ap�mavai w«1an:ds P�mic Qther <attach explanation) Section Pmsent Za�ng. of PraperE�€ � Ptesent Use • tt A�� 'i' FR�aposed Zaning of P�roperl.y : � Pt�posed Use -� ,i' I hereby dedanc Lhat att st�te�nents mad� in this re�es and materia�i ate t�e. t .. � � ignature of plic�u -. f�. � q �' ��� (Received by - �t1e) " • 1,101 Vic�ori.a Curve • 1Viendota He%ghts, 1ViN - 55I18 452 • 1850 i � i ; � � ' ! � i � Octoberil7, 1994 C2TY 4F MENDOTA HRIGSTS NOTICE OF BEAR.ING TO iRS4M � IT MAY CONCERN: I � NOTICB i.s herehy given that the Planning Commission 4f� Mendota Height�;will meet at 8:15 o'elock P.M., or as aoan as passibZe thereafter, on Tuesday, October 25, 1994, in the City Ha11�Couneil Chambere, 1101 Victoria Curve, Mendota Heightsr Minnesota, to cons3der an appl.ication Erom General Pump, Snc. for �setback variances ta allow the construction of a shared driveway between Lots 3 and 4, to enlarge the truck turnaroun.d at the eouth end of the site and a sign an the following described property: I i Lots 3 and 4, Block 1, Northland Plaza ' More particularly, thie property ia located at 1174 Northland Drive. ! � � This notice is pursuant to City of Mendota Heights Ordinance No. 401.! Such persons as desire �o be heard with reference to the proposed,Variances will be heard at this meeting. � Kathleen M. Swanson j City Clerk � � � Auxiliary aids fo= disabled persoas are available upoa at least l20 hours in advance. If a notice of less 1 hours is received, the City of Meadata Seighte will ma� attempt to provide the sids, hoWeve=, this may not be � oa short aotiae. Please eoataet City Admiaistratioa 1850�wi�h requests. k e a i2 0 every � C ity o� .�. < <� 1Viendota Heights October 20, 1994 Mr. Del Erickson Delano $rickson Architects 7415 Wayzata Boulevard• Minneapolis, NIlJ 55426 Dear Mr. $rickson: Your application for Va�isaces will be considered by the Planning Commiesion at their next regularly echeduled meeting, which �rill be held oa Tuesday. October 25, 1994. The Planning Commission meeting starts at 7:30 o'clock P.M. here are City Hall i.n the Council Ch,ambera. You, or a repreaentative ahould plan on attendi.ng the meeti.ng, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, Revin Batchelder A�im3.nistrative Assistant KLB:kkb Snclosures cci Mike Christoferson, General Pump, Inc. � � n � 1101 Victoria Curve • 1Viendota Heights,lVlN - 55118 452• 1850 � _ � . � 1 i PLANNING REPORT � LlATE: ! CASE NO: { APPI.ICANT: 4 ■ � � • ' ` • :�I M i ♦ �� � + N� i ' 1 { li • • � i:ht t}pa•L+R:lTt't7 CONSULTIN� PLANNER5 LANDSCAPE ARCHITECTS 300 FIRST AVENUE h1C�RTF�i SUITE 210 MINNEAPOLIS, MN .5�-t(11 612•339• 3300 October 24, 1994 General Pump, Inc. 117'4 I1ort�land Drive Variance Driveway Sign Setback C. 7ohn Uban f i Background � � Gea�eral Pump reo�ived a bu�ding per�mit from th� Citq Couna'1 in 5epteamber a�er a revi� s�te pian. Gea�rni Pump owns the ad'jaceat 1ot to the west which is nat be�ing devetop�d aa The City Council waated a comman driv�way on the property liae between the two 1 requires a vari�nce The p��mit was graated in�t�ally v�►ithout a varitmce and Geneml P'um�a back to request the variances that they had disa�ssed with City Caunc�. The other variance is for an adjusiment to their driveway in the 2oa+�ing area to b�tter accommodate tru� movements far loading activity. Also they are requesting a variance in the sign s�tbacl consistent with other sign seibacks in #he Narthtand indu� Park i � The Generat Pump bu�ding now under consicuction and their adjacen� lot front on Isorthi and I�ighway 55. The siie also has frantage on Inte�state 494 where the tcuck docks are loc City Council has approv�d a.berming and Iandscaping plan for the building and Iaading E performance of that screening is proposed to stay in tact. ' ; Mailed notice has been sent by staff to the surrounding landowners and a public heari required. i � � �a w oftheir tbis time. ats which hss came � turning which is Drive . 'The The will be October 24, 1994 Case Page 2 Requested Variances The common driveway requires a variance for zero lot line setback for driveways. The ordinance requires a ten feet setback &om the side yard. Both lots can be well served by a common driveway while allowing a better utilization of the properiy and since the property is under the control and ownership of General Pump, the shared drive conditions do not present a hardship to the adjacent property. When the property is sold, a common maintenance easement should be placed over the common driveway. The variance is also requested for the driveway accessing the loading dock on the southern edge of the properiy. This is along the right of way line for I-494. The site plan shows a ten foot bump-out at one point to allow trucks to make a better tuming movement to get in and out of the loading area. The rest of the driveway maintains the 20 foot required setback. Also the Landscape Plan and Grading Plan have be� adjusted to accommodate the required berming and landscaping as approved by the City Counca�. If the trucks do not have enough room to maneuver, they will sometimes plow into the planted trees along the drivewa,y in order to make their turning movements. In this case providing ample turning room and adjusting the landscaping will have a long term benefit to the healthiness of the required screening. Sign Variance The proposed sign is a low profile monument sign consistent with other signs in the Notthland Park area. Although this development is not under the control. of the restrictive covenances of United Properties, it is by design, maurtauung the general sign design appearance. The detailed plans for the sign show a landscaped area around the sign terraced into the sloping grade down to Northland Drive. The sign includes the initials "GP" oa a decorative concrete background. The sign appears to be approximately 8 fee� long and 8 feet Ingh, the dimensions were not fully expressed on the plans. The requested setbacdc is 20 fcet consistent with other signs ia the industrial park where there are well laadscaped monument sigas iategrated into the design of the overall area. The Planning Cominission ma,y want to confirm t�he sign dimensions, height, and materials since they were not noted in the application. Action Hold public hearing and make recommendation to the City Council. .►.... ..i�1 • s � � r � ,� ��%u� �__- g� u a E`t�i�,� o N ' _-�_ . . p : s� •I 1 ► �_• ��'I . � , .- : - . : . ' . � • • — .', • � // • � • - " � C � � ,� ' � � � �� �� ; ' ce�� eRr � . � � �; . . _ �_ . , . � . -. . . • - � - . � � / • .� �z -- --WFIEEL �� ' � � rti • • _ { � •sF r _= � YYffOLIINI • I I � • _ _ .} { . � Q /j �I � � _ �. � _ � � �• r • •� , __ �_�� �_� ._� - � i, . �, _ �_:: � . •, • i` r � , ' � � �� �I'�� j �J�� � C • � • Y � {I � ��j% � � � �� i r �- • 1 _ _ 1 . q t � � 'L _ _ _ • • ,;—_- . 1 ' t ' �_ � _� —. G Q _� _ _ . . — �� , _ _ � _�__ _ _" • . � ; _ _� _ __ -__ i _ - ,- _. _ .: . .-._ - - 1 : _ _-- , . - __ ; .� �� � ; _ _ _ _= . ; r { . `• 1 � - _ -- ' I • ,. i ' � � � ' � �� ss,Mo�us .w�n • . ��o�k �eMoa.� � � ' • � ! �L.I�� OMrnsv�ia�r�w� ` t��wk a�ao�� • / � �� � �.. � , :��. � , � . �� - . i , : . . `��, �^,, ti *� —� ' ' — - �Z ��\J)I<v> . . �I • � — _ MENDOTA HEIGHTS ROAO , W • • , � �ILL.11 \ � � � � . �. .�a. , _ � r .�: � I � � � � � ' x/ � 1� � ' ` � W i X i . W ' f . • I � � � � MORTWt-�1 � I I � i � '— � _ ��- � ; i � I ' `— _ � ..t f : • 7 . ` . . . • . T . : f'. • - - 3 . � �� • '�j • . . . . • `;' ;_' � � . • �.' . ' ti.`' i: � ' . -� �=�--�- SUBJECT PROPERTY . . . . : : ��-' . ��. .:. . , . . . . . ..j. • _� ` : . . . ' i .+ . .. . ! . ' -., :. .._ . � I NORTH T ' i �� ' � SCALE � 1"=800' 1 . � -_._ � - �I � -=- . � I � ' ` ' __ _ _ _ i �"� � - � . � ' "' ' — —= ' ; � :.. � / ( � I � — --_ � 1 "'q � � l�0 , � ' r» �^/� ,���a"d 9���y . .A �' ' �` . � �� �� �, '' y , . . , . • ., :. � , . � ' . . . ��� ���� � .::::::::::::, .y ..,' •••� ••,... , ;::;;.;;.; :z:;�::: • � �' �� � :1•: `''`. �:°'� '' �•�.•:�::�. � �� '" ��r � � �•�•'�'''S:'�� � • ':i''=S �� �'•'•;�,�:;:��; : ; ;: ; � ��� ��� � ':::':;:;:::•:••.•:•,� �; � � �� �� �; � �'�� �, • •,•+• :�.;';:�::' :''::S'','�S ��. •. �. .�s�:;. , � .:L'.: �:s .'�.;�:�s'�'i :;�; ;:�;; ���������� „��. :::;:: �,i•— \ � _ ` ,--- 1! � . d � '� � � . � ' s�� d Z �,o� � p� � �`1 � a . ��3 , � • h �,�,� � � . ; � w � �� � � �` � w � t �� ., ; w : ti `� ��' 4� � , -ia L"� ` ♦ • _ ►+ � •- , � � d'� d' os : ''�� O 4, 'y . ` � �� �2,� ��, i `! `. � :;;i �'�'�` �� �,' � �� s ` ��8 t :.`•.• y� � Q?a R.x�+�T !?�.6; o ,�� �'t . � v 11( � �s o l,St '"�i�y � :.;.;r. .•.:.::.•:::;;;:•::• :�::::: :::: �:�.�;;�';;�. ?a r. �,Z' � �:ti:2:::•::•:•�:+:�s••'�••••'•••;•:;.'•;;•: �3'97 C�,'a p C :i::s:°y.::::;:;.,:;::;;�:r:;;i::'::r.::' �,. ' '�'" �w ,g' . t7f ,� � . �:��::::•.:•:;.;::;:;.;:.;;,;.:��'���� . � �, o y '��:•;::::;::::: •.•: :•.;,.•.•.•.•:::::::•'"' c„ •'••• G� • .°' �`� �, � ,�,;;::_,:,+;:;:,,;:,....::,,. .:s;:•: �• �` , , .t� v,�' ..�t � , , •. ,, y,'�` � ;. ; �� � y , , � N � : { a �� � ` o � . ,�r`��'•`', ;; o�� � � O � � a �,, �� y �� � ' � • � ' � . �� `P�° ..,! � MA y��F ,w 1�.I /y a `��?�' � j��.,,.�i � � � ' ,f���cY�4 ti'� Q � `'�p� .S 0y r ' J �' � � �.9r�� .1ss str ! + : � Z� � y � � Wt�i zs •o+a i� '''a w' . b oF M�NN• oEP 'r' - � � c.ar T' � ` ?� ---_._ _ waY oF . P N�• 19 4ANSP4TAlipN a,� ��`��o i�':,��:�` •,�, ;;� ;,\ 4r3.� 2 R�G h � � �z �,� , , � , ''�'�;--�-..,. "�`""^.,,...,,,,,� _""+►•,,� � � � x w �� f , ,� � � f lry N �, ! �10� ;�. "`► �..`.,,,' i �i � ! �� C�t�; y „�p _�� � —•-,...., --�—..... � � _.r N�V o�.~• � -�--� • _ �•• �..�_ -- f42.<i : . �QA. �l� , .t_ :� � S u.k�m �-�-���ci c►�� - � . �n�-c� c� 1 C�—��..-7- r �� 0�1 ��,0 � . --- ---.__..__._....... .._ _._ . �1. . ; : --------- ����7 ����'� - •�:p�-�fi"� I ! / �..: �J �`"r?�/v-�f • ' -����-��- '` , � �: . i ,-%' � j � ,. �- � -- ; , � . , . � _ ; ; . . _ -- � : ._ ` . . �._.+ . -- '�! ��7,��%r ' � , ' �k�� � ��� ; � .""'� i . ��r��t . 0 :4 , ' � . � . � . , _ . � ������' ��„�' I���'� .� � �• • ... �� � �: — . . . �� . . ��� �� .�. � � . . : : .,.. : _ _.,_ . . . . . . . __ _........ . . .. e�� , , -. : -�:. ;-.. �: � : - . � ; - � .... � � - •`� I •1 �f f Y.�. I / � :,�{ � �i•� � •� ����'�w�.i�� . `f. • � i .�� :-i- `:'•,�- � �-. �`�iYik ' • • +� ` `. • i � \`( � . � . - - _.. . - . _ 1�� • _ �, - .. . . - . • � : . . . . �., - .: � .. � ._�I. : - ��� .'�' . _ � ` ` �. • . • J• ���i �`r . t L :..�� -�������� , . . . , � - �; � � , - � r _...� . � . . , '.� . - • ' . � ,% �: +� � - �''� ' �`� . - - _ � _' 1 . ,: . ; - . �� . � ��"%�, j N��� �J� i,� o____- _ _..__ ... - � . _ - ` � ' � ����.�- , � � � �� � � 9.� {� � � , ����i� � � �j i'v - � �,� �� ' ~�-�= ;:: �l'li � ��>/� „ �' �� _ _.__ � :J=; , ► " . � i� ` � � � j '�� � � � City o� .,►.1 � � � 1Viendota Heights October 28, 1994 Mr. Del Erickson Delano Erickson Architects 7415 Wayzata Boulevard. Minneapolis, NIl�i 55426 Dear Mr. $rickson: Your application for a variances will be considered by the City • Council at their next regularly acheduled meeting, which will be held on Tuesday, November 1, 1994. The Council meeting starts at 7: 0 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative should plan on attending the meeting in order that your application will receive Council consideration . If you have any questions, please feel free to contact me. Sincerely, � � �� Revin Batchelder Administrative Assistant KLB:kkb Enclosures cc: Mike Christoferson, General Pump, Inc. F � 1101 Victoria Curve •1Viendota Heights, 1ViN • 55118 452•1850 � � CITY OF MENDOTA HEIGHTS MEMO November 9, 1994 TO: ; Ma.yor, Cit Council and Cit Administr Y Y FROM: � Revin Batchelder, Administrativ �'sSlstant � SUBJECT:; PrimeNet Data Systems Site Plan Change 1 a I DISCIISSION i Mr.1 Dale Glowa, United Properties, appeared befl September 20, 1994 City Council meeting to request a sii approvaljfor the PrimeNet Data Systems building to be consi at 2250 Pilot Knob Road located north of Big Wheel Auto. meeting Council approved the Site Plan, a twenty foot (20` setback variance and a proof of parking plan. Staff was auti to issue' the building permit and grading on the site has (See attached Letter of Request dated November S, 1994). Mr.j Glowa desires to alter the approved site p reconfigure the parking layout. This is being proposed to m grade changes and to save trees. Mr. Glowa is present� parking options. Alternative A connects the upper anc parking lots,. with a drive aisle. Alternative B has no driv between the lots with the lower lot being served by a thii: cut. (See attached Site Plan labeled C-4 for options desig�: The�intent of the Site Plan approval process is to all� Council to address land use issues and aesthetic issues parking,,landscaping, signage, lighting and function. Staff the following comments regarding the revised site plan t been submitted: I 1: 2. -e the e plan ,ructed �t that ) sign .orized begun. an to nimize ig two lower aisle 3 curb .) ow City such as offers hat has The original permit included 170 parking stallslwith a proof-of-parking variance for eighteen stalls to meet the required number �of parking stalls (188). The revised plan shows 164 parking stalls. This change in n er of parking stalls requires a new proof-of-parking plan. The sign plan appears to be the same with a sign � the southwest corner of the site. A twenty foot variance was granted in September. Final detail� sign will need to be presented to Council at � date. .own in etback of the future 3. A revised grading plan has been submitted, but no details have been included for landscaping that may have been changed by the revisions. Also, no details have been provided regarding the trees that are proposed to be saved. 4. The original landscape plan included a berm and landscape screen between the parking along Pilot Knob Road and the street. The revised plan does not address this item. 5. At the September 20, 1994 meeting, Mr. Glowa testified that United Properties would provide a landscape screen/buffer along the northern edge of the property between the truck docks and the residential properties. No details of this screen/buffer have been provided. RECObIl�2SNDATION Staff suggests that, if City Council desires to approve this revised site plan, a condition of approval be the submission of a revised landscape plan to be approved by City Planner Uban. �iCTION REQIIIRED Meet wi�h Mr. Glowa to review proposed changes in the Site Plan for PrimeNet Data Systems. If the Council desires to approve this plan, they should pass a motion to approve a Revised Site Plan, as proposed on plans dated 11-04-94. KLB:kkb ` NOV- 9-94 WED 14��1 KKE FRX N0, 6I2+342+9267 � fbetdt"' b�and � , . FaxTran�mitta( Memo 7�7� No,o(Pa�as 1 1?odaybpale 11 ,p � f � ' i E�` �" I � ���= � [�+„� �"�.y���=��-'�'.�... , �'rom �-3,�..�i�JL. �'.. ► , npany ; , �Company C-^"_ ! �o�j;� ; � � ` � ' � r LocaGon � � Dapt. Chni I , : Fex;� �,��. � . �Gr�,..� 1�tepr�ane� .R�� , t•�1"'_./9 ;FaX# �Tetflphone K• ��1��c� ���g�tfr ' � . , • •Di�o Iticn, ��stroy �Aewm �',� z�� f , . . -�r�� � c.� , —�� �:�?t?i �t�:� � t�pj/...�� , , � D �C�l�..i ,� t � , `�i�.�- 'P' i� . � �'J' Ci jC�� C� ��%�'�=-�--- . .r:a�: .._ ........ ... ..... ... _. ; . �. .,, ..... �. „.....,._ ..,. ...... �:t�ach Dacum�nt At �if�s �__w... .�... .�,_ .�... W.. .. ' . ' � I . . . . j . , . � �� , _.. ., , . . , ,. ., � , . ., „ •.... ..C,•t4 'y _, ...,,._�...-..�,r,��,.�- ..�.... � .� .._. .. Vi C��i�� `,f1%[. d'll�l, . �..� ... K::.i � �'.�r I . _; 4 � ., . . • , a *" � ' / �. � ������ � � �� � .r�r.t'f�'���� .,, - � � , R -�:.�.` � '�- � �� „ . �► _ ''�' �R P, 01101 F�� 1' : � '�'� � Gali tor pickup �� ��.. �+T'i,� �r.� �+"e� �.. �. �..r w. ,_. .,.. t!4�r�'; � 1 ... . .... . „ ,'i } .� . . , ". � Cr V TUiAG. P.01 � 1 `1,'���%I '\I,\�,1 �'%i� �\`\�1 �i�%% '``�� v' � .1��" _ , / � • � / ' . ' • � ♦ November 8, 1994 Mr. M. Thomas Lawell City Administrator City of Mendota Heights 1101 Victoria Cunre Mendota Heights, Minnesota 55108 RE: PRIMENET DATASYSTEMS Dear Tom: I am pleased to submit to you ten (10) copies of a revised site plan for the above referenced project. Our initial site plan was approved by City Council on September 20, 1994. Since that approval, we have taken the opportunity to study the characteristics of this site, which include interesting site topography and abundant mature trees. We have therefore revised the site plan in order to protect and save as many trees as possible by establishing an upper and lower parking lot. We have submitted a plan to you for your approval and suggest two alternatives to accomplish the above goal. Please refer to drawing C-4. Alternative A provides for a drive aisle connecting the lower parking lot with the upper parking lot. This alternative more closely resembles the original plan, but does maintain the existing topography better which allows us to keep more of the existing trees. The second, alternative B, which is preferred, requires a third curb cut from the lower parking lot onto Pilot Knob Road. This alternative minimizes the amount of blacktop needed on the site and saves more existing trees. This alternative is exactly how the adjacent Big Wheel site was developed, which also includes three curb cuts along Pilot Knob Road. Our architect, Korsunsky, Krank & Erickson, has been in contact with Dakota County regarding this request. Because they will be transferring control of Pilot Knob Road to the City upon the completion �of the highway work, they defer the approval of our request to the City. They are providing us with a permit applicaiion for the City to acknowledge its approval. 3500 West 80th Street Suite 100 Minneapolis, MN 55431 (612) 831-1000 5 � Mr. M. Thomas Lawell November 7, 1994 Page 2 ' � � ; � � To summarize, the reasons for our request are to minimize site grading and tr on this beautiful site by considering good land planning alternatives. We kn� City has supported these efforts in the past and so we therefore respectfully rE approval, preferably alternative 6. i Sincerely, ! � Dale J. Glowa Senior Vice President � DJG/klb � Enclosure removal that the iest your 612+342+9267 ,nUV� �-y4 lU� 11��1 KK� ' � MARK CRIYEI�IT LOCJlT1oN Y1TH STIUCE Oli PROPfRTY LJWE 0 hHX NU, bl�t�4�ty�tif Y, U�/U5 , Pefw�f t Mo. �^ NW. DAKOTA COUNTr NiGH11Ai GEPARiifENT 1�PLlCATION FOR AGG� S_PRivEYAY OR EMTRAi�C� p�ItMIT Arint or typ� �pptication. Ffll out ard mell to: pakota Coutity HiphHay tlepart.ent i4955 Gel�xie Avenue llppl� Y�lley, NM 5512�-857i1 Sketcfi propsrty, pr•i*nt �nd proposad driv�ari snd r�l�[lan to CantY d{yhuaY on reverse side. N� oi PfttMt Phone —�, I�ppticant Addrea► Clty Mr.e of Nw A�operty O�rwo _ _ _ _ Address City tocrtion: Canty Road in City/Tow�uhfp Niles M-S-E-Y (tfret• ane) (SprCfftc ro�d, l�r�tk ar �ond int�rcection) leyal De■cription (�s �hown on ywir t.x strCe�ent) oi Property purpote of O�ivewy [] ar�idence � Ga.ereTal (spee9fy iype) � it ■ culvert necasaryt [] Yti (� Ito 1�het aize? uilt thc 6uildinq br � Ta�por+rY ot � Pen�ntnt? It ihe property in [� Pt�tted or � Uplatted �re�? !s t.nd htphtr, lower or levsl With hiyhwayt (8ho►� feet ard irxhea) N�,rber of prr�mt dr{vauays to property Date proposed drivewsy wilt be r�eeded , Givc cxact lxacion of propoa�d drtvewy to property c;ve exrct c«.rioR or pr�a.nt driveway to prope�ty !� �+e, the trxkra(pr►�el, h�r�wfth ..k• �pplfeat�on for penat��ion to eonatrUct the,ace��r drlvawY at !h� rbow loe�tion, ufd driv�uay to b� cantruetad to coniorn yith�the st.nda�s of the Niph�+sy D.part�nt ard to r►iy �peciat provialorr Rncitd.d Sn th� p�r.it. It ia ��ra�d th�t alt work wtlt b. done co the s�ti�factiort oE tha Niphway D�rt�r►t. lc Ir furth�r �9rt.d thet no work (n con�etti� tiith thE■ applltption �il[ bc started tir�ti! tfie application �s epprovcd end the ptr�it issued. D�te Sigr►eture of Applic�nt DO UOT URITE SEL041 THIS I.IWE � MoT VALID UNLESS � ACGES9 ARivELAY 0(l EN�NC� pERNIi j StGNED A11D Mu16ERED �'� ' i'aniit N�ab+r Per�iscion t� htrcby pronted fo� th� conatructlul of the drtv�+ey ea de�crfbed in the nbave �ppllt�t[a�, r�(d drlvewy t4 be ' con.Eructed i� �ccordene� ti{th the Dekote County Niyhway Aaport�rnt, Prfvetisy 8ter�dard Pl.ta No, att.checi errd stbjec[ to tDe r.qulra.ents on ths. rrrerae sick end chc folloWlRp speclat pt'oviaiau: lt is �xp+'.a�ly ur3�rstood th�t thla p��tt i� condlt(orMd y�on �rplac�t or r�storatfon of th� Galnty Road to ica a o� to � s.tlsf.ctory eonditian. {t is further �rxier�tood chat this perMit io fsaued �u6]ect di tho epprov�l of (ocat c , vilt�pe 9r borouph authorities h�vinp )oint y�rvision over i�id-street or hiqhway. DAKOTA CAUMTY HIGHIUIY DEPARTNEMT � `a ; tYUV � ti`�4 I U� 1 I�� 1 . � i KK� 612+342+9267 ��[I IlU� bSLI'�YLitl�Vl Y, U�/U5 j REQUIR�1{�kiS , j - ko �ork uxSer tM s applicrtton {s to be sterted intit a�aliution i� appraVed �rtd the parMft iSs� _ i uherr rwrk an tr�veted rwd�way is necti*siary, trrfffic �eaC be pratectad and ita�. ftsrea ar�d praper taNrricades �w,t ba plretd in �eccorclence tiich the atandardc of tfie Mirxreaate Degert�ent of Transpor#atten. � Mo for�t� r�.t.ri�l wd� u dirt. 9rwv�l or bttueitwt� �.te�i�! shall ba left or depo+it.d on t �wd d�ninq th� dn cc�natructian of drtve+�ay or instat�atiara of drnitiaQn teeilitir4. 1 RaKlaide �.�at t�e cte.nad �p .fter iark is cas�teted. i , if�r� ��Illri�r��i ru�M��uMi�R i� ���t����� �k� �u.�iui� il.11l i...tlf,� tl._ �_..,.�, U:.1..�, l...i...... U�l lt._ .....I. 1..,_ tsea� co.Qteted acid is reedy far fine! insp�ctivn arx3 ep�rovat by [he Dakata Canty Ni�hs�t�y D�►r tsttst. No cha�pe� or� �eltcr�tiocac in rnt�avices �ay bc �de at any ti�ee Withaut �itt+esx pern►issian frt� t) e Ca.s�ty Fti�►Nay , D�partn�ent. j � a j E , - - - ---- - - Sketch property, present end proposrd driv�eyII end reloCion xa nsaraat cro�s�road. � i � � 1 ' I � , �"'---•-•—..,._ r .........' r»_ .,...,.... . . r+:�n« a.._ � -.- .�r-.-....-.-,.+._..y�.� � t'� '� �'%�'-��l �;�:,1,�,� ,�'�-�f�t��r..�-� . f� � �� ��+ c��" � E s � . � � � _ I Y i ' � } � I � f� ; ' , J ¢ r ( � �"''"` # . i . � ;s ; � � � A �� t � � ���I� �I��� ����� � �� ��� � i -s � �.i1LNY:7MP+�J4ww1�Y�vwMnw.w • J W1":H4N^I�'�1rW�YA+M1if�A't"�Lw�N�{ N^ iC�w.ri.n.MJ. �Tr�,� ��+.�..����t�i� i . _ � �• ]�� � I �f 1 ' •R I � 1'[UV- 2�-�� 1 tl�. 11 ��� f�t�� . •,. L v v 612+342+926? hHX NU. til�t3��ty��l R�����NTiAL •��1T#�ANC� ��' W1�� FA�M ENT'RANC� 24' W1D� FIEL.I� �Ni'RANC� 24' Wit�� CC�M.M�R�IA� �NTRAN�E . 24' V11�DE � .. CRC�S�-��CTION 1f I �1N �'YPIGAL �NTRAN�E YARlAiiLE �—E6� TO ��A`--� �'. U4IU� 6�1�� 6tf _.�� 0.3' T4PSpIL �N'�RAt�C� GU�.v�RT 4.�,' TOt�5�!!. --- "`���t�-•"'�•.. �� r�i ��� �lio� t Uc+ s�l :{d� �1oP�f � — �r*..� �'�-" M ,.-.. w�+-' �rr r"'��...+� ��. ;n,r., ..+�+ "'"�. �.� 1,,,, �„�..+�(i��v�'� t�ILi. SE�Ti0i1 . Calvert ii N�c�sue�t GR0�5 • SECT��lIS APPROA�H�S IIND �HTRANCES Hl9t+r�xy � • • 612+342+926� �uv- �-�4 lu�j����3 x�� rxx �u. �������ta��r :o... ... .._.. .,.- •- -�— -......-.�»,w,._.....,,.....i.�.,�...,, ,. , _� __•__•_•___�.�_•__ . ...,..__.... ._ ._ . __._ ...._._....._. . '. . y o , • ' � , , � . � • . . , ` , . � � • ' � ' • . 1 �� � . � � • - � • + � • • • s { a •{ .. . . ' r .� . . . . i� . � • • •, �" + • . ' � ' , � • � • - �• �/� * , . I • , Ir� . • , . • � �� . . ' � , � . � � � • � � v� ' a � . � �r ���,,, . � -Q � $ ` � ���. � . � -- � . � `� � - � , � � a � o � � . •, - � i � ' � ' '� h �, r._..w.�. � � ',� ' � ��� t'{� . s � r � � . I, x � �"�: � , �,, .+ � ' • � � �,�� ' ,Y-� � � . � a L�l � �„ : x � • �o a "" ... �t . ��ID `V 7' +t� t"� '�` � � m W • \"1 , � N '. .�.�„�,r..-.. � . . �� � � � .� � � ., � . . . � � . : �. . � r , . . �.r ' i • �. � ' � � ` , � . � � . , ' . � { � ' � � �. � � ��, , , . , . � . ` � � • , � ` � • , ' . �; . � � • • - � tti . ' . � - � �f - � # � _+ . i . j = � «• ; � . i� - � i ���. � . � � N�� r , w ._ 0 � t�. u�iu� �. w..,.., �.s .. . ._ . ... . • n . `+ 3 � i � CONTRACT FOR ��RIVATE DEVELOPMENT by and between The Ciiy of Mendota Heights and United Properties Corporation November , 1994 L �' TABLE OF CONTENTS ARTICLE I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II. REPRESENTATIONS AND WARRANTIES . . . . . . . . . . . . . . . . . . 5 Section 2.1. Representations by the Ciry . . . . . . . . . . . . . . . . . . . . . . . . . 5 a. Sta.tus of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 c. Limited Revenue T� Increment Note . . . . . . . . . . . . . . . . . . . . . 5 d. No Warranty as to Development Properry . . . . . . . . . . . . . . . . . . 5 ` Secti�n 2.2. Representations, Covenants and Warranties by the Developer .... 5 a. Good Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Authoriry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 c. Consents . . . .. . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 d. No Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 e. Title ......................................... 6 f. Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 g. Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 h. Permits and Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 i. Cost of Minimum Improvements . . . . . . . . . . . . . . . . . . . . . . . . 6 j. Necessity of Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 k. Zoning ....................................... 7 1. Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 m. Materials Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 n. No Environmental Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 7 o. No Environmental Listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 p. No Required Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 q. Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 r. Reliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 s. Survival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE III. UNDERTAKINGS OF CITY AND DEVELOPER . . . . . . . . . . . . . . 8 Section 3.1. Limited Revenue Tax Increment Note . . . . . . . . . . . . . . . . . . 8 a. Assignment of Note by Developer . . . . . . . . . . . . . . . . . . . . . . . 8 b. Limited to Available Tax Increment . . . . . . . . . . . . . . . . . . . . . . 8 c. Delinquent Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 0 � I 1 � - � d. Cessation of Obligation Upon Transfer . . . . . . . . � ..... � e. Representations of Developer Regarding Note . . . . . . . . . . Section 3.2. Place of Document Execution, Delivery and Recording .. � Section 3.3. Reimbursable Costs . . . . . . . . . . . . . . . . . . . . . . . I } a. Phase I Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � b. Phase II Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Section 3.4. Public Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3.5. Conditions to City's Reimbursement Obligation ...... , ARTICLE IV. CONSTRUCTION OF MINIMUM IMPROVEMENTS ..... a i Section 4.1. Construction of Minimum Improvements . . . . . . . . . . . ' I Section 4.2. Preliminary Development Plan . . . . . . . . . . . . . . . . . , � a. Approval of Preliminary Development Plan . . . . . . . . . . . 1 � b. Changes in Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . I c. Effect of City Approval . . . . . . . . . . . . . . . . . . . . . . . , � Section 4.3. Completion of Construction . . . . . . . . . . . . . . . . . . . Section 4.4. Certificate of Completion . . . . . . . . . . . . . . . . . . . . � 1 + a. Certi�cate of City . . . . . . . . . . . . . . . . . . . . . . . . . . . � b. Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . � Section 4.5. Additional Responsibilities of Developer . . . . . . . . . . . . , � ; a. Maintenance of Public Easements . . . . . . . . . . . . . . . . . j b. Utility Installation . . . . . . . . . . . . . . . . . . . . . . . � : i c. Repair of Public Facilities . . . . . . . . . . . . . . . . . . . . . . , i � , ARTICLE V.INSURANCE ............................... � I , Section 5.1. During Development . . . . . . . . . . . . . . . . . . . . . . . � � a. Builder's Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � b. General Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . � c. Worker's Compensation . . . . . . . . . . . . . . . . . . . . . . . Section 5.2. Other Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � I � ARTICLE VI. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER . ! Section 6.1. Identity of Developer . . . . . . . . . . . . . . . . . . . . . . . � ..... 9 ..... 9 � ..... 9 ..... 10 .... 10 .... 10 .... 10 ..... 10 ..... 10 ..... 10 ..... 11 ..... 11 ..... 11 ..'... 11 ..... 11 ..... 12 - ..... 12 ..... 12 ..... 12 ..... 12 ..... 12 ..... 13 ..... 13 ..... 13 ..... 13 ..... 13 ..... 13 ..... 13 .... 13 ..... 13 � Y Section 6.2. Limitations on Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.3. Consequences of Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. No Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 b. Consequences of Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 c. Assignment of Note by Developer . . . . . . . . . . . . . . . . . . . . . . . 14 d. Cessation of City Obligations Under Note . . . . . . . . . . . . . . . . . . 15 e. No Restriction on Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.4. Permitted Financings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.5. No Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE VII. EVENTS OF DEFAULT; REMEDIES . . . . . . . . . . . . . . . . . . . . . 15 Section 7.1. Event of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 a. Failure of Timely Completion . . . . . . . . . . . . . . . . . . . . . . . . . 15 � b. Breach of Developer Obligations . . . . . . . . . . . . . . . . . . . . . . . . 15 c. Bankruptcy of Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 7.2. Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 a. Certificate of Completion . . . . . . . . . . . . . . . : . . . . . . . . . . . . 16 b. Suspension of Performance . . . . . . . . . . . . . .� . . . . . . . . . . . . . 16 c. Termination of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 d. Suit for Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 7.3. No Remedy Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 7.4. No Additional Waiver Implied by One Waiver . . . . . . . . . . . . . . 16 ARTICLE VIII. ADDITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.1. Conflict of Interests; City Representatives Not Individually Liable .. 16 Section 8.2. Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.3. Equal Employment Opportunity . . . . . . . . . . . . . . . . . . . . . . . 17 a. Employees . . . . . . . . . . . . . . . . b. Advertising . . . . . . . . . . . . . . . . c. Contracts . . . .. . . . . . . . . . . . . .....................17 .....................17 .....................17 Section 8.4. Provisions Not Merged With Deed . . . . . . . . . . . . . . . . . . . . . 17 Section 8.5. Titles of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 8.6. Notices and Demands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 b. Ciry .........................................18 � � Section 8.7. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . � � i i a. Reiease of Gity . . . . . . . . . . . . . . . . . . . . . . . . . . . , i b. Indemnification of City . . . . . . . . . . . . . . . . . . . . . . . ' c. Reimbursement of Costs . . . . . . . . . . . . . . . . . . . . . . � d. Hazardous Waste Indem.nity . . . . . . . . . . . . . . . . . . . . azar i e. Ta�c Increment Indemnity . . . . . . . . . . . . . . . . . . . . . I S8Ct10II H.8. Covenants af Principai . . . . . . . . . . . . . . . . . . . . . . Section 8.9. Governing La.w . . . . . . . . . . . . . . . . . . . . . . . . . . f Sectian 8.10. Tim.e is of the Essence . . . . . . . . . . . . . . . . . . . . . . , Section 8.11. Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . Section $.12. Interpretation and Severabiiity . . . . . . . . . . . . . . . . . Section $.13. Successors and Assigns . . . . . . . . . . . . . . . . . . . . � Section 8. i4. Modification/Entire Agreement . . . . . . . . . . . . . . . . . � , EXHiBIT A I,egai Description EXHIBIT B Limited Revenue Tax Increment Note EXHIBIT C Reimbursable Costs ' , I i � I � � ; � , ; ..:.. 1$ Contraet For Private Development THIS CONTRACT FOR PRIVATE DEVELOPMENT ("AGREEMENT"), made on or as of the day of November, 1994, by and between THE CITY OF MENDOTA HEIGHTS (the "City"), a statutory city of the State of Minnesota, having its principal offices at 1101 Victoria Curve, Mendota Heights, Minnesota 55118 and UNITED PROPERTIES CORPORATION, a Minnesota corporation (the "Developer"), with its principal office at 3500 West 80th Street, Bloomington, Minnesota. 55431. WITNESSETH: WHEREAS, the City is a statutory city of the fourth class organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the City Council (the "Council") of the City; and ' WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Chapter 273, as amended and recodified (the "Act"), the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 et. seq. (the "Tax Increment Act"), as amended, the Council is authorized to finance the capital and administration costs of a development district with tax increment revenues derived from a tax increment financing district established within such development district; and WHEREAS, the Council adopted the Development Program (the "Development Plan") on May 5, 1981 crea.ting Development District Number 1(the "Development District") pursuant to the Act; and WHEREAS, in connection with the Development Plan the Council has established a tax increment financing district pursuant to the Tax Increment Act (the "Tax Increment District"); and � WHEREAS, the City believes that the development of the Development District pursuant to this Agreement, and ful�llment generally of the terms of this Agreement, are in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Development Plan is being undertaken and assisted; NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises, representations and undertakings of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. ' DEFINITIONS i Section 1.1. Definitions. When used in this Agreement the following terms s meanings� specified in this Article I. Each definition or pronoun herein shall be de� to the suigular, plural, masculine, feminine or neuter as the context requires. V� "herein, " � "hereinafter, " "hereof, " "hereto, " and "hereunder, " when used in refe Agreement, refer to this Agreement as a whole, unless the context requires other 1 "Act" means the Municipal Development Districts Act, Minnesota Statutes, CY� amended �and recod�ed. � "Actual Knowledge" means, with respect to any representation made herein, the facts or '�nformation, or the absence of facts or information, by a natural person, o of a legal entity, any officer of such entity. For purposes of this Agreement, Actu � shall include any facts discoverable by any person in the exercise of reasonable d "Agreement" means this Contract for Private Develo ment as the same ma be P � Y time modified, amended, or supplemented. � "Assignnient Date" has the meaning ascribed in Section 3.1(a). I "Certificate of Completion" means the written certification by the City that Improvements have been completed in accordance with the terms of the Agreen � I "City" means the Ciry of Mendota Heights, Minnesota.. *- _ I � "Construction Plans" means the plans, specifications, drawings and documents Development Property and the construction work to be performed by the DevE Development Property including, but not limited to, the following: (1) as-bu Development Property, (2) site plan; (3) foundation plan; (4) floor pla.n for each fl� sections of each building (length and width); (� elevations (all sides); (7) facade � plan; and (8) such other plans or supplements to the foregoing plans as the City m� request. ' ; "Conveyance Date" means the date upon which the Lessee takes possession of the Property +and the Minimum Improvements by conveyance or lease. � a "Council" means the elected city council of the City. � � � "County i means the County of Dakota, State of Minnesota. "Developer" means United Properties Corporation, a Minnesota corporation. "Develo �ment District" means Development District Number 1 created by the � to the Development Plan. � I -2- iall have the ;med to refer ords such as rence to this 273 as .wareness of , in the case Knowledge time to Minimum �.ated to the per on the survey of r; (5) cross t landscape reasonably pursuant "Development Plan" means the Development Program for Development District Number 1 adopted by the Council on May 5, 1981, as the same has been and may hereafter be amended. "Development Property" means the real property legally described on Exhibit A attached hereto and incorporated herein. "Event of Default" means an action or occurrence described in Section 7.1 of this Agreement. "Lessee" means PrimeNet Marketing, Inc., a Minnesota corporation. "Minimum Improvements" means the Phase I and Phase II structures to be constructed on the Development Property, together with any adjacent and related facilities. "Note" means the Limited Revenue Tax Increment Note substantially in the form of Exhibit B attached to and incorporated in this Agreement, and to be made by the Ciry payable to the order of the Developer and delivered by the City to the Developer in accordance with Section 3.2 hereof. "Permitted �ansfer" means (i) the lease of the Development Property by the Developer to the Lessee, and (ii) any conveyance or disposition of the Development Property or the Lessee which is excepted from the definition of Transfer set forth in this Article. "Phase I" means an approximately 86,518 square foot office/warehouse complex to be constructed on the Development Properry. "Phase II" means an approximately 40,000 square foot addition, annex or related building to Phase I which Developer or Lea�e may construct on the Development Property. ,— - "Preliminary Development Plan" shall mean, collectively, the Construction Plans and all other writings, drawings illustrations or other artistic renderings, applications, agreements or other documents submitted to and approved by the City in connection with this Agreement and/or the Project. "Project" means the acquisition of the Development Property and construction of the Minimum Improvements thereon. "Reimbursable Costs" means the Project costs for which the City is partially reimbursing the Developer pursuant to this Agreement, as set forth on Exhibit C attached hereto and incorporated herein. "State" means the Sta.te of Minnesota. "T� Increment" means that portion of the real estate taxes paid with respect to the Development Properry which is remitted to the City as tu� increment pursuant to the Tax Increment Act. -3- i "Tax Increment Act" means the Ta�c Increment Financing Act, Minnesota Statutes, Sections , 469.174-469.179, as amended. � "T� Increment District" means T� Increment Financing District Number � created and amended� by the City pursuant to the Tax Increment Plan adopted in connection with the ' Development Plan. i ,"Taz� In i ement Plan" means the Tax Increment Financing Plan adopted by the City on May 5, 1981, in connection with the crea.tion of the T� Increment District, as the same has been or may be amended from time to time. ; � "Tax Official" means any City or county assessor; County auditor; City, County or Sta.te boazd of equal'ization, the commissioner of revenue of the State, or any State or federal district court, the ta3c court of the State, or the State Supreme Court. ; ; "�ansfer" means any cessation of (i) possession or ownership of the Development Property or the Minimum Improvements by the Developer prior to the Conveyance Date or (ii) possession and use of the Minimum Improvements by the Lessee after the Conveyance Date, for any reason, including: � (A) the cancellation of any lease entered into by the Lessee, as lessee, for occupancy and use of substantially all of the Development Property and tlie Minimum Improvements; or 1 � (B) prior to the Conveyance Date, the sale, exchange or transfer of great percent (50 %) interest in the ownership, profits, or capital of th� determined with reference to all such exchanges occurring after the date � (D) after the Conveyance Date, the sale, exchange or transfer of great� percent (50 %) interest in the ownership, profits, or capital of the Lesse� with reference to all such exchanges occurring after the date here� however, that a Transfer shall not include (A) any transfer or dispositi related to the I.essee within the meaning of Section 267(b) of the Inte Code of 1986, as amended (Title 26 U.S.C.). i Notwithstanding the foregoing, the sale or other conveyance of own� Development Properry and/or the Min.i.mum Improvements by the Develo� the Conveyance Date shall not constitute a transfer for purposes of thi; provided that Lessee remai.ns at all times thereafter the lessee in poss 1 evelopment Properry and the Minimum Improvements. "Unavoid'able Delays" means delays which are the direct result of strikes, materials,? war or civil commotion, delays which are the direct result of unfo� unavoidable casualties to the Minimum Improvements, the Development Prc equipment used to construct the Minimum Improvements, delays which are the d: , governmental action or inaction beyond the control of Developer, delays which ; result of judicial action commenced by third parties, citizen opposition or action �� r than a fifty Developer, hereof; or than a fifty determi.ned , provided, i to a party �al Revenue ship of the :r on or after Agreement, ssion of the �rtages of �able and ,y or the : result of the direct �ctin� the Project or adverse weather conditions, or to any other cause or action beyond the reasonable control of the parry seeking to be excused as a result of its occurrence. ARTICLE II. . REPRESENTATIONS AND WARRANTIES Section 2.1. Representations b,y the City. The City makes the following representations as the basis for the undertaking on its part herein conta.ined: a. Status of Citv. The City is a statutory ciry of the State with all the powers of a statutory city of the fourth class duly organized and existing under the laws of the State. Under the provisions of the Act and any other applicable laws, the City has the power to enter into this Agreement and carry out its obligations hereunder. b. Compliance with Laws. The City has created, adopted. and approved the Development District, the Development Plan, and Tax Increment District in accordance with the respective terms of the Act and the Tax Increment Act, and the same remain in full force and effect. c. Limited Revenue Ta�c Increment Note. To finance some or all of the obligations of the City hereunder, the City proposes to make the Note payable to the Developer in accordance with the provisions hereof and to pledge tax increment generated by the Tax Increment District to the payment of the principal and interest on the Note according to its terms. d. No Warrantp as to Development Property. Except as specifically provided herein, the Ciry makes no representation, guaranty or warranty, either express or implied, as to any matter, including specifically, but without limitation of the generality of the foregoing, (i) the state of title to or the condition of the Development Properry, (ii) the suitability of the Development Property for the Developer's purposes or needs, or (iii) the economic feasibility of the Project. Section 2.2. Representations, Covenants and Warranties bv the Developer. The Developer represents and warrants that: a. Good Standin�. Developer is a corporation duly organized, validly existing and in good standing under and pursuant to the laws of the State of Minnesota and has full power and authority to enter into and perform its obligations under this Agreement and the transactions contemplated hereby. b. Authoritv. This Agreement has been duly and validly executed and delivered by Developer and constitutes the valid and binding obligation of Developer according to its terms, enforceable against Developer except as the enforcement thereof may be limited by bankruptcy and other laws of general application relating to creditors' rights or general principles of equity. The execution of this Agreement by Developer has been -5- i iI i duly authorized by the appropriate officers of Developer, and no furt required for the performance by Developer of its obligations hereunder. a c. Consents. Except as disclosed in this Agreement, no consent, app authorization, registration, declaration, filing, waiver or notice to any entity or third party is required or necessary to be obtained by Developer i with the execution, delivery and performance of this Agreement. I d. No Violation. Neither the execution and delivery of this Ag� consummation of the transactions contemplated hereby, the acquisition, and development of the Development Properry, nor the fulfillment of o: with the terms and conditions of this Agreement is prevented, limited b with or result in a breach of, the terms, conditions or provisions or a restriction or any evidences of indebtedness, agreement or instrument nature to which the Developer is now a party or by which it is bound, c a default under any of the foregoing. I e. �tle. As of the date of this Agreement, Developer is and shall rema of the Development Properry until the Conveyance Date. Except for matt in this Agreement, there are no pending or threatened claims, lawsuits, or � respect to the Development Property or Developer's ownership thereof. ' I f. Compliance with Laws. The Developer shall operate and maintain t Improvements in all material aspects in accordance with the terms of this the Development Plan and all applicable local, state and federal laws an� (including, but not limited to, environmental, zoning, building code and j laws and regulations). � action is oval, order, government i connection the � compliance y or conflict iy corporate of whatever r constitutes the owner disclosed qutes with �e Minimum Agreement, regulations ublic health i g. Ener�v Conservation. The Developer shall construct the Min.imum Improvements in accordance with all applicable local, state or federal energy-conservation laws or regulations. h. Permits and Licenses. Subject to Unavoidable Delays, the Del eloper shall obtain, in a timely manner, all required permits, reviews, clearances, �licenses and approvals, and will meet, in a timely manner, the requirements of all ap� � state and federal laws and regulations which must be obtained or m Minimum Improvements may be lawfully constructed. I i. Cost of Minimum Improvements. The Developer covenants that � � Minimum Improvements to be completed on the Development Property sr than $4,300,000. 1 j. Necessit� of Assistance. The Developer acknowledges, represen � that, but for the assistance provided by the City under the Agreement, it � able to undertake the Project within the foreseeable future. I � � � ' -6- :able local, before the cost of the be not less and agrees �uld not be k. Zonin�. The Minimum Improvements, as of the date of this Agreement, are a permitted use under the provisions of the zoning ordinance of the City applicable to the Development Properry. 1. Hazardous Waste. No asbestos, urea formaldehyde, polychlorina.ted biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known cazcinogens, petroleum products or other pollutants, contaminants, chemicals, materials or substances defined as "hazardous waste," "hazardous substance," "hazardous constituent, ""solid waste, " or "to�cic substance" (all of the foregoing are referred to collectively hereina.fter as "Hazardous Materials ") the release or disposal of which is regulated by any federal, state or local sta.tute, regulation, order, treaty, code, publication or ordinance (or any amendment thereto) related to human health or the environment including, without limitation, any law, regulation or ordinance concerning the protection and preservation of natural resources, air, water, noise or soil pollution or contamination, or Hazardous Materials use, generation, storage or disposal, ("Environmental Law") are, to the best of Developer's Actual Knowledge, located on, in, about or under the Development Properry, and, to the best of Developer's Actual Knowledge, none of Development Property has ever been utilized for the storage, manufacture, disposal, handling, transportation or use of any Hazardous Materials. m. Materials Permits. All permits, licenses and similar authoriza.tions and approvals necessary or required under all Environmental Laws, including those for any Hazardous Materials stored, used or manufactured withi.n or on the Development Property have, to the best of Developer's Actual Knowledge, been obtained, are being complied with and are in full force and effect, and the Developer has complied with all other reporting, filing and other requirements under the Environmental Laws. n. No Environmental Proceedings. There are no existing, proposed, threatened, or pending investigations, administrative praceedings, litigation, regulatory hearings or other actions concerning any the Development Properry and alleging noncompliance with or violation of any Environmental Law or relating to any required environmental permits or licenses. o. No Environmental Listin�. No portion of the Development Properry is listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory or record of hazardous waste sites maintained by any federal, state or local agency. p. No Required Testing. The Developer has not received any written notification from any city, county, state or federal governmental authority, agency or instrumentality requiring any work or testing to be done on or about the Development Property. q. Disclosure. No representation or warranty of Developer in this Agreement and no statement contained in this Agreement or in any document delivered or to be delivered pursuant hereto contains or will contain an untrue statement of material fact or omits or will omit to state any material fact necessary to make the statements herein -7- { or therein contained, in light of the circumstances under which made, it being understaod that as used in this subparagraph "material" means individual statement or omission and in the aggregate as to all �omissions. All reports and investigations commissioned or otherwise Developer concerning the Development Property and relating to Haza �have been disclosed to the City. ;'r. Reliance. The foregoing representations, warranties and covenant 'Developer with the knowledge and expectation that the City is relying t 1 �s. Survival. The foregoing representations, warranties and covenants; �any and all other representations, warranties and covenants cont� Agreement, shall survive consummation of the transactions contemF Agreement. � ; � ARTICLE III. UNDERTAKINGS OF CITY AND DEVELOPER i Section 3.1. Limited Revenue Tax Increment Note. Upon the issuance by , Certificate of Completion, the City shall make and deliver the Note to the Develo� hereby acknowledges that the sole source of moneys to make payments on the r Increment derived from the Development Properry, and that any number of evf in the future which would have a material, adverse impact on the payment by amounts set forth ui the Note. �a. Assignment of Note bv Develo�er. The City hereby consents to 1 �of the Note to the Lessee on or after the Conveyance Date (the "Assig -The City shall not be obligated to make payments on the Note � �assignment of the Note to the Lessee. i b. Limited to Available Tax Increment. The City's obligation to r on the Note ("Scheduled Payments ") shall be limited to the aggregate � �Increment which the City has received from the County, less a11 p� Payments ("Available Tax Increment"). � �c. Delinquent Ta�res. In the event that the owner of the Develop �sha11 fail to pay the real property taxes assessed and payable against thf Property on or before the due date for such tal�es prescribed in Minn� Section 277.01 ("Delinquent Tax"), the City shall be forever relieved o �to make the next Scheduled Payment under and pursuant to the Nc Payment"). The amount of Tax Increment attributable to the Forfeited be includable in the determination of Available Tax Increment w Scheduled Payments other than the Forfeited Payment only in the ev� �Delinquent Tax is remitted to the County, together with any applica �interest charges, and (ii) all other Delinquent Tax payments are br� Thereafter, all Scheduled Payments (other than the Forfeited Payment -8- misleading; :erial to any �ments and ;ived by the is Materials are made by together with ined in this ated by this ; Ciry of the . Developer :e is the Ta�c s may occur ; Ciry of the Assignment �ent Date"). il after the payments mt of Tax Scheduled ient Property Development cota Statutes, its obligation e ("Forfeited 'ayment shall h respect to it that (i) the le penalty or ught current. shall be paid in accordance with the terms and conditions of the Note and of this Agreement. The Ciry shall not be obligated to make Scheduled Payments unless and until a11 taxes are .,�-3- paid in full and current, together with any interest and penalties attributable thereto. d. Cessation of Obligation Unon �ansfer. The Ciry shall forever be relieved of its obligation to make Scheduled Payments under the Note in the event that of any Transfer of the Development Property (other than a Permitted Transfer). e. Representations of Develo eu r Regarding Note. Developer hereby warrants, represents and covenants, with respect to the Note, as follows: (1) Except for representations of the City in Section 2.1 (Representations by the City) hereof, Developer has not relied on any representations of the Ciry, or any of its officers, agents, or employees, and has not relied on any opinion of any attorney of the City, as to the Federal, State or local income tax consequences relating to this Agreement, in general, or the Note, in particular. (2) Developer is sufficiently knowledgeable and experienced in financial and business matters to be able to evaluate the benefits and risks of the assistance provided by the Ciry under this Agreement. Developer has had sufficient opportuniry to conduct any due diligence required, in the judgement of Developer and its counsel, in connection with the transactions contemplated herein. (3) Developer acknowledges that the Tax Increment is the sole source of moneys pledged for payments due under the Note; that the City is not obligated to satisfy the Note with other moneys under any circumstances whatsoever; that the Note is not a general obligation of the State or the Ciry; and that, if available T� Increment is not sufficient to make the payments due under the Note, no right will exist to have t�es levied by the City or the Sta.te for the payment of any such amounts. (4) Developer acknowledges that the Note is not registered or otherwise qualified for sale under applicable State or Federal securities laws; that the Note is not listed on any stock or other securities exchange; that the Note is not rated; and that any Transfer of the Development Properry (other than a Permitted Transfer) will cause the City's obligations under the Note to cease. (5) Developer represents, warrants and covenants that, except for any transfer of the Note to the Lessee, Developer is acquiring the Note for its own purposes and with no present intention of selling, hypotheCating, or transferring the Note. Section 3.2. Place of Document Execution. Deliverv and Recording. Unless otherwise mutually agreed by the City and the Developer, the execution and delivery of all documents and payment of any amounts due hereunder shall be made at the offices of the City. � Section 3.3. Reimbursable Costs. i � a. Phase I Costs. Upon issuance of the Certificate of Completion of City, the City shall reimburse the Developer for the lesser of (a) ach �Reimbursable Costs (as set forth on Exhibit C) actually incurred by the connection with the Project and (b) the sum of Four Hundred Sixty Five' (}0/100 Dollars ($465,000.00). Such reimbursement shall be payable by delivery of the Note in such amount. The Developer agrees to deliver t connection with issuance of the Certificate of Completion, a certificate 'substance acceptable to the Ciry, acknowledging and warranting the acb Reimbursable Costs incurred in connection with completion of the Proj� i b. Phase II Costs. Upon issuance of the Certificate of Completion c the City, the City shall reimburse the Developer for the lesser of (a) acb Reimbursable Costs (as set forth on Exhibit C) actually incurred by the connection with the Project (less the amount of costs previously reimburs� pursuant to Section 3.3(a) (Phase I Costs), and (b) the sum of Two Hund� Thousand and 00/100 Dollazs ($236,000.00). Such reimbursement shall � execution and delivery of an instrument similar to the Note. The Develc deliver to the City, in connection with issuance of the Certificate of ( certificate, in form and substance acceptable to the City, acknowledging a the actual amount of Reimbursable Costs incurred in connection with th� ; � Section 3.4. Public Costs. The City and the Developer hereby stipulate and assistance provided pursuant to this Agreement is intended to pay the Reimburs� portions thereo fl listed on Exhibit C attached hereto, and that such assistance is of the purposes of the Development Plan, the Act, the Tu� Increment Act, and/c by the unique characteristics of the Development Property, its proximiry to the N Paul International Airport, and/or the topography of the Development Properry ; I � Section 3.5. Conditions to Citv's Reimbursement Obligation. In connection , of the Certificate of Completion and performance by the City with respect to its od pursuant to this Agreement, and as a condition precedent thereto, the Ciry m< discretion, require the Developer to (i) submit evidence of compliance by the D the terms and conditions of this Agreement, and (ii) provide an opinion of coun to the City that the financial assistance provided hereunder is a permissible expenc pursuant to the Act and the Tax Increment Act. � ARTICLE N. � CONSTRUCTION OF 1��IINIMUM IlVIPROVEMENTS � Section 4.1. Construction of Minimum Improvements. The Developer agre construct� the Minimum Improvements on the Development Property in accord approved� Preliminary Development Plan. -10- 'hase I by the al amount of Developer in ['housand and :xecution and � the City, in in form and �al amount of �f Phase II by �al amount of Developer in d by the Ciry ed Thirry Six e payable by per agrees to :ompletion, a id warranting � Project. ree that the �e Costs (or furtherance necessitated with delivery er obligations y, in its sole weloper with el acceptable iture of funds that it will e with the Section 4.2. Preliminarv Development Plan. Prior to commencement of construction of the Minimum Improvements, the Developer shall submit the Preliminary Development Plan to the City for approval. The Preliminary Development Plan shall be consistent in all respects with any description of the Project provided to the Council by the Developer in connection with the Developer's request for assistance provided pursuant to this Agreement. The City may reject the Preliminary Development Plan, or request changes thereto, in its sole discretion. a. Approval of Preliminarv Develonment Plan. The Ciry's performance hereunder is conditioned upon and subject in its entirety to its review and approval of the Preliminary Development Plan, and upon compliance by the Developer with a11 applicable laws and satisfaction of all Ciry requirements (including planning and zoning, building codes, etc.) for projects of this nature. b. Changes in Plans. If the Developer desires to make any material change in the Preliminary Development Plan, the Developer shall submit the proposed change to the City for its approval. The Developer acknowledges that upon entering this Agreement, the City in no way waives its right of final approval of materials and submissions required herein, including, but not limited ta, final Construction Plans, and the City expressly reserves its right to deny approval of any plans and permits should the Developer fail to proceed in accordance with this Agreement and/or fail to perform in total compliance with the obligations herein and the requirements of the City's Zoning Ordinance and Ciry's Subdivision Ordinance and other applicable City codes and ordinances affecting the Construction Plans and/or the Development Properry. c. Effect of Cit,�pproval. Except as specifically provided in writing by the City or any department or official thereof for the specific, limited purpose of such writing, the approval of the Preliminary Development Plan (or any amendments thereto) by the City or the Council shall not constitute a representa.tion or warranty that such plans, the Minimum Improvements, or the Development Property comply with any applicable building code, health or safery regulation, environmental law, or other law or regulation, or that the Minimum Improvements will meet the qualifications for issuance of a certificate of occupancy. Approval of the Developer's plans by the City or any department or official thereof shall not constitute a waiver by the Ciry of any Event of Default occurring hereunder. Section 4.3. Completion of Construction. Subject to Unavoidable Delays, the Developer shall achieve final completion of the construction of the Minimum Improvements on or before October 31, 1996. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Properry shall be done in a good and workmanlike manner with quality materials and in strict compliance with the Preliminary Development Plan as submitted by the Developer and approved by the City. Developer hereby grants the Ciry reasonable access to the Development Property and the Minimum Improvements for purpose of inspections permitted or required pursuant to this Agreement. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall diligently prosecute to completion the development of the Development Property through i � i the construction of the Minimum Improvements thereon, and that such constructic event be 'completed within the period specified in this section. During consb Minimum Improvements, the Developer shall make reports, in such detail and at may reasonably be requested by the City, as to the actual progress of the Develope to such construction. Section 4.4. Certificate of Com leu tion. a. Certificate of Citv. The Developer will notify the Ciry when consl Minimum Improvements has been completed. The City shall have the the obligation, to inspect the Development Properry and/or the Minimum l upon notice of completion from the Developer. Promptly after final con Mini.mum Improvements in accordance with the terms hereof (includin; completion thereo fl, and after the City's inspection of such property, if will furnish the Developer with an appropriate instrument so certifying (t1� of Completion"). Such certification by the City shall be (and it shall b� in the certification itsel fl, absent latent error or defect, a determination c of the agreements and covenants in the Agreement with respect to the � the Developer to construct the Minimum Improvements. Issuance of a occupancy by the City with respect to the Minunum Improvements shal of completion of construction of the Minimum Improvements (but conclusive evidence of Developer's compliance with its obligation� Delivery of the Certiiicate of Completion shall not constitute a repr warranty by the Ciry that the Development Property or the Minunum I comply with any applicable building code, health or safety regul� regulation, environmental law, that the Minimum Improvements will certificate of accupancy, or that the Minimum Improvements w requirements of Developer or any other user of the Min.imum Improven i , b. Notice of Defects. If the City sha11 refuse or otherwise be unable i Certificate of Completion in accorda.nce with the provisions of this sec� shall, within ten (10) days after written request by the Developer, Developer with a written statement, indicating in adequate detail in wha Developer has failed to complete the Minimum Improvements in accordi provisions of the Agreement, or is otherwise in default, and what measurf be necessary, in the opinion of the City, for the Developer to take or per� � to obtain such certification. � Section 4.5. Additional Responsibilities of Developer. 1 a. Maintenance of Public Easements. The Developer will not c �building, structure, or improvement on, over, or within the boundary, ;public utility easement unless such construction is provided for in such e� ibeen approved by the utility involved. � �b. Utilitv Installation. Developer shall be responsible for the ful� ,payment of all utility access charges with respect to the Minimum I -12- shall in any ction of the uch times as with respect n of the but not letion of the the date for ny, the City "Certificate so provided ' satisfaction �ligations of ;ertificate of be evidence hall not be hereunder). �entation or i, zonuig lify for a meet the � provide the on, the City provide the respects the nce with the � or acts will �rm in order �nstruct any lines of any ement or has and prompt (including SAC and WAC). Developer shall further bear the cost of the relocation of any existing public or private utilities which may be caused or necessitated by the construction of the Minimum Improvements. c. Renair of Public Facilities. Developer shall, at its sole cost and expense, replace any public facilities or public utilities damaged in connection with the construction of the Minimum Improvements in accordance with the technical specifications, standards and practices of the owner thereof. ARTICLE V. INSURANCE Section 5.1. During Development. The Developer shall provide and maintain at all times during the process of constructing the Minimum Improvements for the benefit of the Developer • and the Ciry and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: a. Builder's Risk. Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the replacement value of the Minimum Improvements as of the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. b. General Liabilitv. Comprehensive general liabiliry insurance (including liability arising from operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Lessee's Contractor's Policy with lunits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). c. Worker's Compensation. Worker's compensation insurance, with statutory coverage. Section 5.2. Other Terms. All insurance required pursuant to this Article shall be taken out and mainta.ined with insurance companies reasonably acceptable to the City and authorized under the laws of the State to assume the risks covered thereby. The Developer will deliver to the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in full force and effect. ARTICLE VI. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 6.1. Identitv of Developer. The Developer recognizes that, in view of (a) the importance of the development of the Development Property to the general welfare of the City and (b) the substantial financing and other public aids that have been made available by the City for the purpose of making such development possible, the qualifications and identity of the -13- Developer and Lessee are of particular concern to the community and the City. further recognizes that it is because of such qualifications and identity that the into the Agreement with the Developer, and, in so doing, is further willing to on the obligations of the Developer for the faithful performance of all u covenants hereby by the Developer to be performed. Developer is entering �t and rely �kin�s and Section 6.2. Limitations on �ansfer. Except as specifically provided in thi� Agreement, Developei shall not sell, assign, convey, lease or transfer (i) this Agreement, (ii) the Development Property, or (iii) the Minimum Improvements, without the prior written consent of the City, which consent shall specifically reference this provision. The Developer may, after completion of construction of the Minimum Improvements, convey possession of the Development Property to the Lessee. The parties hereto acknowledge that the Developer intends to sell the Development Property after the Conveyance Date, and the City agrees Ito consent to such transfer, provided that (i) Lessee at all tunes remains as the sole occupant and lessee of the Development Property and the Minimum Improvements, and (ii) that Developer's successor in interest assumes all of Developer's obligations under, pursuant to, and in connection with, this Agreement. i Section 6.3. Consequences of �ansfer. For the reasons stated in Section 6.1 (Identity of Developei) hereof, the Developer represents and agrees that: , 1 a. No �ansfers. Except for Permitted Transfers, or by way of sec � riry for, and only for, the purpose of obtaining financing to assist or enable the Developer to perform its obligations with respect to constructing the Minimum Improvements under the Agreement, and any other purpose authorized by the Agreement, the Developer has not made or created, and will not make or create or suffer to be made or created, prior to the Conveyance Date, any Transfer of the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same (except with respect to the Lessee). I I b. Consequences of �ansfer. No transfer of the Development F operate, legally or practically, to deprive or limit the City of or with r� rights or remedies or controls provided in or resulting from the Agreemen to the Development Properry and the construction of the Minimum Imprc the City would have had, had there been no such transfer or change provided in a signed writing with specific reference to this section 6.3, i the Development Property by the Developer shall be deemed to relieve tl� or any other parry bound in any way by the Agreement or otherwise with construction of the Minimum Improvements, from any of its obligations thereto or from any of its other obligations under this Agreement. �. Assignment of Note bv Developer. The City hereby consents to th� of the Note to the Lessee on or after the Conveyance Date (the "Assign The City shall not be obligated to make payments on the Note ui ; Assignment Date. The City may condition any assignment of the Note � i upon the assumption by the Lessee of all of Developer's obligations under to this Agreement, pursuant to a writing acceptable to the City. Except a ; -14- •operty shall spect to any with respect vements that Except as � transfer of ; Developer, espect to the with respect Assignment ient Date"). il after the ► the L,essee nd pursuant provided in such agreement, any such assumption shall in no manner relieve the Developer of its obligations hereunder or deprive the City of any rights it would have against the Developer in the absence of such assumption or transfer. d. Cessation of City Obligations Under Note. Any Transfer of the Development Properry, other than a Permitted Transfer, the lease of the Development Property to the Lessee, or a transfer consented to by the Ciry in writing pursuant to this section, shall relieve the City of any and all obligations under the Note. e. No Restriction on Sale. Nothing in this Section shall constitute a restraint on alienation or prohibition with respect to the conveyance of the Development Property. Section 6.4. Permitted �nancings. Nothing herein shall prohibit or prevent the Developer or Lessee from encumbering the Development Property in order to obtain suitable, bona. fide financing in connection with the development, construction, ownership, expansion or restoration of the Development Property or the Minimum Improvements. Section 6.5. No Assignment. Except as provided in this Article, this Agreement and the rights, duties and obligations of the Developer hereunder sha11 not be assigned, conveyed, or transferred, and any purported transfer in violation of this provision shall be null, void, and of no effect. ARTICLE VII. EVENTS OF DEFAULT: REMEDIES Section 7.1. Event of Default. The term "Event of Default" sha11 mean, whenever it is used in this Agreement (unless the context otherwise provides): a. Failure of 1�mely Completion. Failure by the Developer to complete the Development Properry on or before the date specified in Section 4.3 (Completion of Construction) in conformance with the terms, conditions, and limitations of this Agreement; b. Breach of Developer Obligations. Failure by the Developer to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement and the continuance of such failure for thirry (30) days after written notice thereof from the City; or c. Bankruptcy of Develoger. A petition of, or claun for relief in, bankruptcy or insolvency is filed pursuant to any current or future bankruptcy or insolvency laws naming the Developer as debtor, and such petition is not dismissed within ninety (90) days of the date of filing thereof. Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all other remedies available to the City at law or in equity or elsewhere in this Agreement, the City may take any one or more of the following actions: -15- a. Certificate of Completion. The City may withhold the C Completion. ; ; b. Suspension of Performance. The City may suspend its performan Agreement, including any obligation to deliver or make payments on t1i it receives adequate assurances from Developer that Developer will cure� Default and thereafter remain in compliance with its obligations under thi and all related or collateral agreements with the City. f c. Termination of Agreement. The City may terminate this Agreeme and all performance under this Agreement, and pursue all available remi I d. Suit for Damages. The City may initiate an action seeki.ng damages relief available at law or in equity, other than and except for the remed performance. i Section 7.3. No Remedv Exclusive. No remedy herein conferred upon or res pazties is intended to be exclusive of any other available remedy or remedies, but ea such remedy shall be cumulative and shall be in addition to every other remedy giv� Agreemerit, whether now or hereafter existing at law or in equity or by statute. omission to exercise any right or power accruing upon any default shall impair ai or power or sha11 be construed to be a waiver thereof, but any such right and pc� exercised �from time to time and as often as may be deemed expedient. In order �I pazties to {exercise any remedy reserved to them, it shall not be necessary to give ' than such'notice as may be required by this Article VII. i , Section 7;4. No Additional Waiver Implied bv One Waiver. In the event an contained , in this Agreement should be breached by either party and thereafter w other parry, such waiver shall be limited to the particular breach so waived and''' deemed to waive any other concurrent, previous or subsequent breach hereunder.' f � i ARTICLE VIII. ; � ADDITIONAL PROVISIONS � 1 Section 5.1. Contlict of Interests: CitLnresentatives Not Individuallv l member, official, or employee of the City shall have any personal interest, direct in the Agreement, nor shall any such member, official, or employee participate in relating tor the Agreement which affects his personal interests or the interests of any paztnership, association or other entity in which he is, directly or indirectly, intf member, official, agent, or employee of the City shall be personally liable to the D any successor in interest, in the event of any default or breach by the City or for which may become due to the Developer or successor or on any obligations under the Agreement, except in the case of willful misconduct. � Section 8:2. Non-Discrimination. During the term of this Agreement, or such , prior to the date that the Note is paid, dischazged, and satisfied in full, neither th � -16- � , of re under this ; Note, until the Event of s Agreement cease any or any other i of specific erved to the �h and every �n under this No delay or ry such right �wer may be to entitle the aotice, other .y agreement aived by the shall not be iable. No or indirect, nv decision rested. No :veloper, or any amount he terms of later period ; Developer nor the Lessee shall discriminate upon the basis of race, color, creed, sex, affectational preference, age, religion or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or the Minimum Improvements erected or to be erected thereon, or any part thereof. The provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non-discrimination, are hereby adopted and incorporated as pazt of this Agreement as if fully set forth herein. Section 8.3. Equal Employment Opportunity. Developer agrees, for itself and its assigns, that during construction of the Minimum Improvements: a. Emplopees. Developer will not discriminate against any employee or applicant for employment because of race, color, creed., religion, ancestry, gender, affectational preference, disabiliry, age, marital status, status with regard to public assistance, or national origin (each such status is referred to hereinafter as a"Protected Class"). Developer shall further abide by a11 other applicable federal, state and local laws regarding equal employment opportuniry. b. Advertisin�. Developer will, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that all qualified applicants will receive consideration for employment without regard to membership in any Protected Class. c. Contracts. Developer will include the provisions of this Section 8.3 in every contract, subcontract and purchase order, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. Developer will take such action with respect to any contract, subcontract or purchase order as the City may direct or advise as a means of enforcing such provisions, including sanctions for non-compliance. Section 8.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.5. T�tles of Articles and Sections. Any titles, headings, or captions of the several parts, articles, and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by any party to any -17- other party shall be sufficiently given or delivered if it is dispatched by regi mail, postage prepaid, return receipt requested, or delivered personally; and ; a. Develo�er. In the case of the Developer, is addressed to or de to the Developer at: � United Properties Corporation � 3500 West 80th Street, Suite 100 � Blaomington, Minnesota 55431 � Attn: Dale J. Glowa � b. at: a Citv. In the case of the City, is addressed to or delivered City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Attn: City Administrator or at such other address as the City may, from time to time designate in writing the Developer and the L,essee. i , Section 8.7. Indemnification. The Developer shall cooperate with the City w'r' any litigation commenced with respect to the Development Plan or the Project. E� willful or wanton misconduct of the City, its employees, Council members,l employees, the Developer shall save, hold harmless, and indemnify the City from any and all costs, including reasonable costs of defense incurred by the City througY of its choosing, with respect to any litigation in connection with the Project or this) � a. Release of Citv. Developer agrees, that anything to the con�� notwithstanding, the City and its agents, officers, Council members, ani shall not be liable or responsible in any manner to the Developer, the contractors, suppliers, vendors, material men, laborers, lienors, mortgage� other person or persons whomsoever, for any claim, demand, damage, co; any kind or character arising out of or by reason of the execution of this the transactions contemplated hereby, the acquisition, construction, ownership or operation of the Project, the Minimum Improvements, Development Property. I b�. Indemnification of Citv. The Developer shall indemnify, sav harmless the City from and against any and all claims, demands, actions action (including specifically, but without limiting the generality of the fo costs of defending the same, costs and expenses for City administrative tim costs of engineering and planning services, costs of all legal services renc out-of-pocket expenses incurred in connection with defending such claims, ; paid as damages or in settlement or compromise of any such action or prc may be brought against the City for acts or omissions in any way re -18- or 'certified personally to the City forward to h respect to cept for any officers or and against an attorney Agreement. :rary herein t employees Developer's :s, or to any �t, or loss of Agreement, installation, and/or the and hold � causes of going, the and labor, red, direct .d amounts eeding) as ted to the construction; operation or financing of the Minimum Improvements, and/or the Development Property, including specifically, but without limitation of the generality of the foregoing, any claims brought by Lessee, but excluding any costs arising out of the fault of the City. c. Reimbursement of Costs. Developer sha11 reimburse the Ciry for any and a11 costs and expenses, including without limita.tion, attorneys' fees, paid or incurred by the City in connection with or relating to enforcing performance of (or seeking damages for Developer's failure to perform) any covenant or obligation of Developer under this Agreement. d. Hazardous Waste Indemnitv. The indemnification obligation of Developer shall include, without limitation, any liability, damages, claims or costs incurred or asserted against the City relating to the alleged presence or release of hazardous or toxic substances on, under or about the Development Property. e. Tu� Increment Indemnitv. Developer shall further save, indemnify and hold harmless the City from and against any and all costs, damages, liabilities or expenditures incurred by the City pursuant to Minnesota Statutes Section 469.1771, subd. 3, as a result of the assistance provided to the Developer and the Lessee pursuant to this Agreement. Section 8.8. Covenants of Princi�al,. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any Council member, officer, agent, servant, employee, independent contractor, consultant and/or legal counsel of the City. Section 8.9. Governing Law. The parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of Minnesota and acknowledge that this Agreement is the type of agreement described in Minnesota Statutes, Section 469.176, subd. 5. Section 8.10. 1�me is of the Essence. Time shall be of the essence of this Agreement. Section 8.11. Counterparts. This Agreement is executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Section 8.12. Interpretation and Severabilitv. If any one or more of the provisions, sentences, phrases or words of this Agreement or any application thereof shall be held or determined to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions, sentences, phrases or words of this Agreement and any other application thereof shall in no way be affected or impaired and sha11 remain in full force and effect. Section 8.13. Successors and Assigns. This Agreement is binding on and inures to the benefit of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement may not be assigned by any of the parties hereto except as specifically provided herein. Any -19- successor shall absolutely and unconditionally assume all of the rights, duties and � their assignee hereunder. � Section 8.14. Modification/Entire Agreement. This Agreement may not be altei or amended except by an instrument in writing signed by a11 of the parties hereto whether or not an officer, agent, employee or representative of any parry, has ma�� authority � to make for or on behalf of that parry any agreement, representatic statement, promise, arrangement or understanding not expressly set forth in this � in any other dacument executed by the parties concurrently herewith ("Parol A� This Agre.ement and all other documents executed by the parties concurrently herev� the entire agreement between the parties and supersede all express or impli concurrent, Pazol Agreements and prior written agreements with respect to the s hereof. The parties acknowledge that in entering into this Agreement, they have i will not in any way rely upon any Parol Agreements. I IN WITNESS WHEREOF, the City has caused this Agreement to be duly executE and behalf and its seal to be hereunto duly affixed and the Developer has caused t1% to be duly executed on or as of the day and year first above written. I � i Attest: � Kathleen M. Swanson Its Ciry Clerk � i ; i � STP:136669-2 { THE CITY OF MENDOTA : Charles E. Mertensotto Its Mayor LTNITED PROPERTIES a Minnesota corporation I�. Its: And By:_ Its: -2�- of d, modified No person, or has any , warranty, ;reement or ;ements") . h constitute i, prior or iject matter t relied and in its name Agreement ►TION, EXHIBIT A Lot 1, Block 1, Mendota Heights Business Park, Fifth Addition, Dakota County, Minnesota EXHIBIT B UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA THE CITY OF MENDOTA HEIGHTS LIMITED REVENUE TAX INCREMENT NOTE The City of Mendota Heights, Minnesota. (the "City"), hereby acknowledges itself and, for value received, promises to pay to the order of United Properties ( Minnesota.' corporation (the "Developer"), solely from the source, to the exte manner hereinafter provided, the principal amount of this Note, being $465,(}00 ( Amount"),' together with interest thereon accrued from , 199 , at the � of ; �%) per annum (the "Stated Rate"), on the dates (the "Schedu] set forth on Schedule 1. This note shall be payable in semiannual installments cc ;, 199 , and on the lst day of each and therea including ! _, 20_ $465,000 be indebted. :poration, a and in the e "Principal e ofinterest l Payment") imencing on ,r until and i Upon 30 days prior written notice from the City to the Developer, the Principal Amount is subject to prepayment at the option of the City in whole or in part on , 199 , and on each 1 and 1 thereafter. � a ' Any payments on this Note sha11 be applied first to accrued interest and then to tl Amount in iespect of which such payment is made. i Each payment on this Note is payable in any coin or currency of the United States which on the date of such payment is legal tender for public and private debts and sb by check or draft made payable to the Developer and mailed to the Developer � address within the United States which shall be designated. from time to time by the Capitalized terms used and not defined herein shall have the meaning ascribed to tY certain Contract for Private Development between the Ciry and the Deve "Agreement"). 1 The Note is �a special and limited obligation and not a general obligation of the City, been issued by the City pursuant to and in full conformity with the Constitution and l State of Minnesota, including Minnesota Statutes, Section 469.178, Subdivision 4 financing a'.'project", as therein defined, of the City consisting generally of defray. public redevelopment costs incurred and to be incurred by the City within and for of its Development District No. 1(the "Program"). THE NOTE IS NOT MINNESOTA (THE , i , i t 1 Rrincipal ' America � be made its postal in that r (the �hich has ws of the to aid in g certain e benefit A GENERAL OBLIGATION OF THE CITY OR OF THE S'I'ATE OF "STATE"), AND NEITHER THE CITY, THE STATE NOR ANY -22- OR PROPERTIES OTHER THAN "AVAILABLE TAX INCREMENT, " AS DEFINED BELOW. The Scheduled Payment of this Note due on any Scheduled Payment Date is payable solely from and only to the extent that the City shall have received as of such Scheduled Payment Date sufficient "Available Tax Increment" as defined in the Agreement and further defined as tax increment received as of a Scheduled Payment Date with respect to certain real properry described in the attached Schedule 2(hereinafter referred. to as the "Development Properry") which real properry is located with in the City's Ta�c Increment Financing District No. 1(the "District") The City shall pay on each Scheduled Payment Date to the Developer or to the Lessee, the lesser of (i) the Available Tax Increment and (ii) the Scheduled Payment due hereon on that date. To the extent that on any Scheduled Payment Date the City is unable to make the total Scheduled payment due on such date as a result of its having received as of such date insufficient Available Tax Increment, such failure shall not constitute a default under this Note. In the event that the Ciry pays less than the amount of any Scheduled Payment due to the lack of Available Tax Increment to pay the same, and in the further event that, as of a subsequent Scheduled Payment Date the City has Available Ta�c Increment from the properry in an amount exceeding the amount of the Scheduled Payment, the City shall pay such excess Available Tax Increment to the Developer to the extent that prior payments hereunder have been less than the aggregate Scheduled Payments theretofore due. The City's obligation to make Scheduled Payments under and pursua.nt to this Note is expressly contingent upon payment of the real property taxes assessed and payable against the Development Property on or before the due date for such ta3ces prescribed in Minnesota Statutes, Section 277.01. Upon any failure of the Developer to make such timely payment, the City shall forever be relieved of its obligation to make the next Scheduled Payment immediately following such delinquency. In the event that such payment is made after the due date for such payment, the amount of Tax Increment attributable to such late payment shall nevertheless be includable in the determination of Available Tax Increment, except with respect to the forfeited Scheduled Payment as set forth in this paragraph. The City may offset against any payments due under this Note the amount of any and all costs, damages, liabilities or expenditures incurred or suffered by the City in the event that local government aid, homestead and agricultural credit aid or other aids or payments to the City from the Staxe of Minnesota. are reduced under Minnesota Statutes, Section 273.1399 or other law on account of the assistance provided pursuant to the Agreement or payable pursuant to this Note. The City's obligation to make Scheduled Payments under and pursuant to this Note is expressly contingent upon continuing occupancy of the Development Property as provided in, and subject to the terms of, the Agreement. Any rights of any assignee of this Note by reason of a permitted transfer by the Developer are derivative from, and subject to, all conditions, restrictions, limitations, and obligations of Developer as set forth herein and in the Agreement. This Note shall not be payable from or constitute a charge upon any funds of the City, and the City shall not be subject to any liability hereon or be deemed to have obligated itself to pay i 1 1 I I hereon from any funds- except the Available Tax Increment, and then only to the the manner herein specified. � . The Developer shall never have or be deemed to have the right to compel any ex taxing power of the City or of any other public body, and neither the Ciry nor commissioner, council member, board member, officer, employee or agent of the i t person executing or registering this Note shall be liable personally hereon by r issuance or registration hereof or otherwise. i and in ise of any � director, y, nor any ��on of the IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things' required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed' precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, is not subject to any constitutional or statutory limitation thereon. a I IN WITNESS WHEREOF, the Ciry has caused this Note to be executed by the manual signatures of its Mayor and City Clerk and has caused this Note to be dated 199_ ; I , l I i Attest: - Kathleen M. Swanson Its City Clerk , i This instrument was drafted by: � WINTHROP & WEINSTINE, P.A. (TMI-n 3200 Minnesota World Trade Center 30 East Seventh Street St. Paul, M�nnesota 55101 , � � . � CITY OF MENDOTA : Charles E. Mertensotto Its Mayor Schedule 1 - SCHEDULED PAYMENTS (Schedule 1 to Limited Revenue Tax Increment Note) Schedule 2 LEGAL DESCRIPTION (Schedule 2 to Limited Revenue Tax Increment Note) �� EXHIBIT C REIMBURSABLE COSTS Earthwork / Grading / Tree Removal . . . . . . . . . . . . . . . . . . . . . . $ 78,700 Site Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216,100 Soil Correction / Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . 135,500 Site Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29,600 Pavement ........................................138,400 Sidewalks/Curbs .................................... 77,800 Acoustic Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243,500 Engineering Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,800 TOTAL .................................... 963400 � ,�...,_ �,' . l +� � � � i To: ' From: ; Subject: i 1 11 = :i C ��� Novembe .10, 1994 Mayor, City Council and City Admini Kevin Batchelder, Adminisixative Assi����� ,� 1� �.r Mendota. FIomes - Rezoning and Canclitionai Use Permit for DevelQpment �CUP fQr PUD) Planni�ng Case No. 94-25 , Mr, John Mathern, of Mendota Homes, and Mr. Bob Fors, of Childtime appeared� before the City Council and the Pl�uuii.ng Commission in June and July Applicat�on Conference to consider a propased townhause and day care facility d After the� Pre-Application Conference, an applicatian was made to rezone a 14 ac (lacated at the southeast carner of Mandota Heights Raad and Dodd Raad) from PUD and far a CUP for PUD. The planned unit develapment was to include a 3 townhouse project on nine acres and a daycare facility on the remaining one acre � ' ' _, The Pl�mning Cammission has considered th.is application for Rezoning a� PUD at its August, September and October meetings. The plan has evalved thro public hearing pmcess and a large gublic record has been established. During the public hearings, there were many concerns expressed about th� facility, its size and location, ifis potential to generate traffic and its pmvision of : pazking and traific cantral. A t�aff'ic repart was presented by Mr. Fars and, alth report stated that the facility mad plan would work, it did say that during peak hc turners could backup for podd Road and block left turn mavements out of the da driveway.� A concern was alsa e�ressed about the parking lot being inadequate � accommodate buses or fire trucks, and special events at the center. 1� � � Development of the daycare site will alsa remove most af the vegeta.tion f which now provides a spacious and open entrance to our City and screens the hox north in Bridgeview Shores. The mai.n concerns about the townhouse project we� developer's ability to �und the pmject, the fact that the praposal exceeded the der requirements by thx�ee units, and that the 25'1 impervious surface limitation was + The Planning Commission discussed whether the City cauld "legally" grant a Va� density oi impervious surface requirements. � Unit ray Care, ar a Pre- velopment. e site -1 to MR- unit t CUP for . . ghout the daycare iequate ugh the � �r, left m the site s to the the to the � � SUBMITTAL MAT�RTAT � FOR MENDOTA HOMF.S APPLICATION FOR � ' REZONING AND PLANNED UNTr DEVELOPMENT . ��— November 10, 1994 In addition to the minutes of the August, September and October Planning _� Commission meetings, the following list of documents is being forwarded for your review � , and consideration. Revisions are being made by the Developer with the intention that serious 5ite Plaa review will begi.a� at the December 20th Council meeting. 1. _ 11" by 17" copies of Site Plaa sheets 1-4 , Revision date 10-11-94 including � . landscape design concept and street profiles. _• _ Y ' 2. Item #1 above is stuffed with Daycare landscape plan, 10-12-94 cover letter from Mr. Mathem, Daycare market survey, Traff'ic Analysis, description of burm planting, Mendota. Homes balance sheet, and a development schedule. 3. October 21, 19941etter from Mr. Kenton Rinker, September 6, 19941etter from Ms. - Roxanne Wodarczyk and petition from neighborhaod. - 4. Qctober 24, 1994 Planning Report. 5. September 27, 1994 Planning Report. -- �' 6. August 26, 19941etter from City to Mr. Mathern. . 7. August 18, 1994 Planning Regort. • , 8. Proposed Declaration of Covenants, Conditons and Restrictions and Easements and . the Proposed By-Laws for Mendota Meadows Homeowners Association. 9. , Childtime Daycare Information. � 10. August 2, 1994 Letter of Intent from John Mathern and Sketch Elevations of proposed townhouses. � 11. Burnet Realty Folder with marketing information. . , 12. Large scale site plans. _- c � u ie i j -1 I i � � I + � � I��T�A � H �Xt��'��f� �A`t ��,�� ��E�43��� 1� �t �9 H� C� Th , rou �s that o erate as da c�re centers ar� not in com etition � Ch(d Ca e Center�like CMILDTIME. GI-IILDTIME o�eraies a fiull sen Child Car� Cent�r on a year araund b�sis. They offer nationally rec� programs 1 They are not a baby sitting service. GHILDTIME wiif draw customers from the n�ighborf�ooc! surrounding the center, where th residents ��r� currently taking their chiidren out of f�endota Heights 1 Care. i . I � GOUNTRY DAY SCHQOL, (S F�S ITS NAME DESCRIBES NOT fN CC7NfPE�C1� WITH THE CHILDTIME CNiLD CARE CEN i ER. ; ViS(TATfON HAS A MONTESSC�RRi SGHppL OPERATiNG OUT QF THEiR BU1LDlN�.� THIS /�LSO {S NOT lN CC)MPETiT(ON WITH THE CHiLDTIlU9E CE CARE CEN7ER. BRICHT STARTCEN i ER (S lN COMI�ETlTI�N WITH THE C�-iILDT}ME CHILi CENTER, BUT ON A LI�VifT�D SCALE. - ! � YUU ASKED F�R A CHILDCARE GENTER THP�T WOULD BE Sl(V1lLAR TO Ti PROP�SED CHlLDTiME. � 4 THAT CENTER IS: NEW HOPiZON CH1LD CARE CENTER 13000 PENNUCK AVENUE API'L� VALLEY, MN 5512•� btiITH A UGENSED C�1PF�ClTY OF �14 THIS CENT�R HAS A WOODED SITE WITH �ARK{NC FQR 19 PLU� QNE HANDICAPPED STALL FOR A T4TAL OF 20. 1 1 � �ith a ce �gnized their r Chi(d ON ILp CARE � 1 , �t_I-1:=1-1'���!� t_I'�:��F'I•1 hlicl��,�,t F��� lc!'=r - , 1 � � � ' ������,�� ������� 1 } The site ha, excellent v�sibility, 1 currently unservic�c� market. � , Fea 1 ti_� 1 H,l =_' =�=� „-,�,, =„_. _�-, accessibiii'ry, house:hold income, ihe site is located on a corner (ot anci has exceilent visibility with s� easy ingress and egress. . li he prime tra�fi;; gen�ratar for this site is th� nearby free�Nay acc�s� , Mendot� Heights resid�nts. The comm�ate� t��ffic in this area flows to Dodd and then ,outh to 4� on to the GBD's ofi Minnea�olis and St. Paul. Th� ADT traffic ccun� at Doc M�ndota Heights Roaci was over 9,000 in 1391. � Although it app�afs that the freew�y would a�t as a mark�t barri�r, ' would d'rav� som� chilcir�n from across 494. The Cent�r wil! bus chiidrer� 1 , Niendota Heights elementary schools to the s�te. Anumber o� n�w homPs are being mark��ed anc.i constr�.�::tc�d ir� th market {ta the east of th� s;te. This neighborhood wifl be the main marke� � Genter. ! The 1990 census showed tf�e Median househald incom� in iVlen�o t to be wefi aver $40,00�.00. Within the Gity oP (�endota Haights ar� locate elementary schoafs vrith a current K-6 popuiatian of aver �,OGC7 stuc�nts. ' Mendoia Hsights schaoi district #197 projects modest gror�vch past the ye The popuiatian in th� target market gre�r substantially recently. T Metropolitan Counci! forecasts a popuiation o� aver -t3,000 by the year 2+ Househo(ds are expected to increase by aver 2500 during that period. Competition is composed of one center with a licensed capacity of ; abQut a � mi4e to the north. The 1990 census shows that Mendota Heights f F' . �=i = i a large ie anci for ti�e 4 anci then � a�i� ��e si�e 'am the � targ�t �r tne � Heighis � t�rro (2) �p �r 2000. ie 10, �0, lacated ad 1386 children in 0-9 age bracket. Using the 2�°% rule, an industry startdard, we can estima� j that 3�2 children will use professional child care of the type propdsed. Therefor� 332 less the 80 s(ots available (e�ves aver 250 chiidren who served at this time an� are avaifable for the center's 120 npenings. � CHILDTiME has done an extensive anafysis af the market. The E � the analysis are proprietary. a r i nat beinc� detaiEs of i_ �_ ��—� �— —v� ii iia,�,��. . u_�.i ��� ._ r.�vi�._� � 1 � � � i _,t_ �i_�_ � � b � � � P P.� THE fencing propc�s�d is 48" chain link ia b� attached to the MNpaT f�nc2. ` ����� ���������� THE trash �contair7�r is proposed to be loca►�c.1 insid� the bui[ding subject to fit approval of't�te Mend�ia Heig�ts �ire Marshai(. 1 i e r 1 . �JJ � TOTAL P . �15 i l_h l 1- '�'�- l i'-f : �"�".' 1 1 1 ] __: ri� fi:d�,ir� t B��t lcler-•s F'�.�Iti� .t i ������0�� 1 r=�1� =! �� =J_���I ASSUti11NG 100% QGCUPAf��CY OF AI�D FS i IMA i ED 11i CHfI_pRtN '` � sc�-�ao! ►s ��ssG��a �oR. 8 GHILt�REN UNQER THC ,AG� OF 18 MC7NTHS. 14 C�H(LDREN 1$ MQ�1T4�S TO 35 MQN7�HS. 80 CHILDREN OVER 35 MONTHS �1.5 SC�i00! AGF C:!-!�l� D�iFS�l� TOTAL THEN 1�rOULD BE 117 REF�R TO QAGE �5 ��_ ?'!-�� ��XT O� Ck-IAPTFR 9503 199�t fVI�NNE� RUL�S TH�S' WC�ULD ft�QUl4�E STAF�(NG O� 2�STA�F �C�R THOSE IN THE CHl�t�EN l!NDEr� THE AGE pF 18 I� CA� �G�,��Y 2 STfi�� ��R T�?rJS� �4� �N� CH�LD�E�i 18 MONTHS Ta 35 iVtOt�T�- CA�EGQRY. 8 S�A�F FOR THOSE lN THE CHfLDRE�f QVER 35 NiONTHS CA�'�Gt GATEGORY. 1 STAFF PEP,Sd�I �QR 7HOS� �N T�lE SCHQQL AGE CH(� DREN CATEGORY. 1 STAFF GU(�K DUR(f�G TH� NQON HOl1RS. � �STAFF DlREGTOR �OR THE CENTER. � Tt��'�C7TA� STAF� T;-fEN !S 15. i�`�FER TQ P�1GC 14 Or THC TEXT OF CHAP7ER 9503 OF THE 1991 M(NNESOI`A RI.�LFS � ; , ; ", THE STATE OF MINNESOTA D�ES NOT PRE �ICENCE CHILp GARE CEf SEE ENCLOSED PACKET. , i � � TA �� . ERS. F' . �_1=; � i � � � �. w I � - Fax Cover Shee� - 91�1 C/�� � (ir�c�uc�Fs�g Caver} JC�HN I�A��#�R� 9 aI1J1 �■ Y�I.(� 1� �`Y Y � �� �'( I�— / yJ� � 1�/ I 1 �� i I r ����. RC����� �C��� ; �������a ���L�l`��� ��� � �.� � � FE�1CifiVG; USC THE HIGHWAY QEPARTNiENT FENC� AS I Cl�I�LDi1��E BOUf�D1�RY FEl�GE. PLAY AREA , V`JC�OD CHiPS � SCH4QL AGE 12" DEEf� r TODD�.ERS 8" DEEP i if ��ere are any probie�ns in �ransrn�ss�ony p�e�� ,. � � z����.-�� � � . � � ; - i ; i 1 i�� TOTAL F. �i1 e 0 n 10-12-94 I i s I4[ENDOTA H014YES , I NC . 20 NURTH LAKE STREET P.O. BOX 416 FORF.ST LAKE, MN 55025 46�-9055 FAX 464-9056 Cit � of Mendo�ta H�igh�ts 1101 Vicioria Curve { Menciota iieigh�ts, MN 55118 i ATTN: Planning C;ommissiori Chairman and Commissian Meml � Dear Planning Commission, � We have enclosed with this cover letter a documents that will supplement our �revious submis: i City of Mendota Heights for ttie ctevelopment of a 10+ � at t,he corner of voaa r�.o�:a and Rlendota Road. i { Our proposal remairis as it was before, ihat is - 1 of 1ne day care facility to be operated by Childtime < t 1 of townhomes on this parcel of land. � ` The first item to be discussed is that of tl Daycare Center. This facility is being built i ap�roximately 117 children alon� with tlie appropriatE of which is covered on the enclosure marked "staffing �� The Child�time Centei• has conduc�l:ed a s�tudy of th� >ers series of �ion to tkie acre parcel :he building �nd 36 units ie Childtime to handle � staff all �� ; marke�t for 0 8 I I .1 2 thi� area and has found that the area can and will support the f'aci�lity it in�tends to build and Qperate. The cont nts of tl�e sti.�dy are proprietary and will not be shared howe er, in the encl�osure marked "I+.xecutive Summary" some of the b sic common i � details can Ue shared ivith you. Suffice it to sa , Chilcltime i operated many facilities nationwide and feels th s site is � y sui�able for a facility and has sufficient resources to own and � i aper,ate this facility. ; i Please also £ind enclosed the description and l�cation of a # somewhat similiar facility operated iri Apple Valley. The parking at �hat locaiion is noi as generous as our proposal however, it does seem �to suit the facility. If you would like to see that � facility from the outside the address is on the enclo ure. � In addressing �the fencing and landscaping for the daycare � � £aci,lity we have visited the site and intend to use a chainlink fenCe similar to that along the exit ramp arUund the arking area f of �this center. The purpose of the fence is io pr vide a safe i barrier for th� children while also providing clear ine of site I for'the children's caregivers to see both inside and outside the f fenced area. As you may visit care facilities for children in I other communities you �vill see most, if not all, use similar � , fencing. Landscanin� provide a challenge for this locati n and this facility and we feel we have provided a suitabl plan. In ' building this facility many of the �trees will be los . They are � located in areas that will be cleared for the buil ing or i � the � I � 3 parking or ttzey are located just off the elevated are�► a�t the corner of Mendota Road and Dodd Road. This area eeds to be i reduced in hei�ht so trees �n the corner cannot rem in and neec� i to be replanted with new stock. I � � Trees in the building footprint and parking foot rint sim�ly must be removed however, any that are suitable for t ansplanting � (cor�rect size and reasonable shape) �vill be utiiized. Overall we � feel' our best chances for tree preservation will be a a backdrop f to �the cen.ter (that is the trees �to the east of �th center ar►c� perhiaps south of the cenfer). Althougfi there seems to be large siLe{trees �as�t of the Childtime, Cen�ter there is significant undejrgrowth in front of them (west of irees) that nce removed � � , may give a diiferent perspective to these firees. iUverall a landscape pl.an is being developed in eeping with residen�tial riature that can be utilized along Do d Road and i i Mendota Road. This shoulc� provide a pleasant si e for this f � faciility. iA couple of additional points need to ue addre sed at ihzs point. First, the trash receptacle will be housed within the � facillity itself as long as the fir�e marshall and t e licensing � personnel for the State of Minnesota approve it. ' Child�time may prefec• to have the recep�tacle en losure away 1 from the building. Ho�vever, I believe the City of Mendota i i I�eights wishes it to be intei•nally housede Sign�ge for the � . ChiJ,dtime llaycare Center has not yet been finalizedl � will coriform to s�tane�ards for signs in h4ea7dota Height� Lastly, we have a traffic study done by the Bart . � . . . . . firm outlining ti•affic from ihe daycare facility and i on �Mendota Heights Road �nd Dodd Road. I know 4 however, it �n - Aschman 1 t S 1 ITl jJ c`� C t that most resideri�ts will not appreciate any ac(di�tional traffic on l�qendo�ta I + Heights Road and Dodd Road however, in reviewing the study I � info�rma�tion it seems that tlie additional traffic is m nageable at t this� location. 1 I I believe the firm of Barton - Aschman has a goo reputation I and �I has delivered a quality report adc�ressing tl e traffic, 1 traf�fic flow to and from the Chilc�time Care Center, affects of the �traffic signal lite, and the peaks of arrival a d depai•ture I trafPic frQm the Chilc�time Center. The issue of parki�g and arrangement of the parking facility are also addre sed in this report and seem to indicate that a turn-around is n t necessary . i at this facility. �Alttiough my comments here are brief and �the upplemental � documents are much less weighty than our other submissions I hope � cve have addressed the relevant issues of the Daycare Cen�ter. We � feellit is a good and suitable use from a responsi le supplier � for this corner location. 1 �Now I would like �to address ihe 36 units of townhouse I development fnr h4endota Heights Road and Dodd Road. We are proposing the site be used for 34 attached units and t o detached units with no more than two �townhomes attached to each other. i � a + � . J This is consistent with our initial proposal and alt ough it has mor� impervious surface and srcialler lots than allo ed without � special apprav�l we feel it is a very goocl use of th's property. � We ;feel the nature of the product (predominatel� one story townhouses) creates a larger footprint howeve , it is characteristic of the produc�t demanded by �today's mat re townhome s buy}r. We feel these people will make excellent n ighbors and citizens of h'Iendota HE;ights and ask that you approve this use of ; thi i proper ty. � 6Ue have outlined for you a revised grading plan that betfier accomodates the elevations of this site and flatt ns out the driveways cvhile still allowing for adequate rear yard drairiage. ! iYe fe.lt all along that we would flatten the drfiveways (not I such steep inclines) however, not so flat as to all��v water to pond up 9.n the rear yards following a rain. We feel we have i , accomplished this. In addition, several towntzome have been I moved away from the easterly boundary of this prope�ty to allow � ; trees to remain and the ponciing area has been i•educed in size (it I is riow sized for our site useage). These changes wE feel have tuned this site for final approval. I Our landscape berm along Mendota Road has also b�en imProved �to reflect the actual height of the berm as well �s more and 1 larger landscape stock. We have interspersed the eve greens with ; o�ther trees and plan�tings (primarily at the two entr�nces to our � town�homes). We wanted to provide something pleasing to the eye and also some color variety other than evergreen greeri. . i , � . 0 � [� � Lastly, we have enclosed financial statemen�ts for Mendot� Homes, Tnc. ME'.71C�Ot3 HOII105, Izzc. wi 11 develop this p o ject alori�; � �ti�ith l�tary and Tom Wiriters. Mary 1Vinters has handled he sales of the�Lilydale Townhaines �vith M�ndota fiomes, Inc. and '[ary anci Tom ; i Ftiinfiers were partners witli MendoEa �iomes, Inc. in tha project as I well�. Mendota IIomes, Inc. has applied for a d supplied � s information in this townhouse project to two banks (Lake �;lmo I State Bank and Highland Bank) and is looking to olata n funds for , acqiiistion and construction lending. Given the suc ess of the � previous Mendota Fiomes Townhome projects (Southview Townhomes, , Inver Grove Heights; Lilywood Townhomes, Lilydale) ih s financing can! be complete in �time to coincide with our developmen�t � schedule. I ' We hope that this brief let�ter azia �the enclos res better outline our plan and some of your concerns for this evelopment. I We realize there is some community resisience for the Daycare I Center however, we fincl the corner is well suited f r this use, � is s�imilar to other site uses in other communities an in general adds�to the development of the corner of Mendota Heig ts Road and { l Dodd Road. We are asking for your approval of tYiis Daycare ! Cent�er . �We likewise hope you will approve the 36 unit to nhome site. We realize our impervious surface is greater than you guidelines 1 t allow and our lots smaller than you allow however, if you see as l we do that this particular townhouse product utiliz s a larger 1 � footprint because i�t is predominan�tly one level (r bler with .� • � J a � I 7 I doul�le garage) and suits the current townhome b yer (mature cli�nt coming From single family neighbortioods) then we hope �the b�:n �.f i ts oP this iype of low prof i le townhome otztweig 1 the larger impervious area question. Our �townYzome buyers ar primarily i i mature citizens coming from your own community s well as neighboring communii:i�s and will be good neighbors to Mendota � d Heights. We are asking for your approval of our 36 u it townhome I pro j;ect . a I I hope you have found this information helpful and I look forward to seeing you at the �lanning commission meeti � Sincerely, ng. , U9r2�t94 I5�:35 F.� 612 332 61$0 � ! � , _. ,.. .„„ . . , � . w � ��.. . xsan x ���.-,J�.�u.•�.a., . . . . .. .. . .. •�.� 1 612 432 �- ,;,... ���:� � � :��•, , •.�� '.. . , . .. ;�:;.,,-, � ; ��. ,�� ;��, ,. ,;. - ...,�...' .......��.�....,,,.:�,:... , .. , ... ... .. �.,.. _. . '�C��`�C �ii,YS�� Tr'C1�. C�Z�T�� C���2�F'� C�I�"'�`��., �t��i ` �x�.�, �v�so�r�. � ��clk��z� - � �t..A.. �utn.am and !�ssoci,ates, Inc, zs praposing ta �o�s�ruct a 7,�90 squaz�e foat 3 daYcare iacility �� be loca�ed near the nor�h�vaesi cozner ofthe a,nterseci�a� of f �ieigh�� Road and''1"�zr.k �izgh�ray �49 (� 149? ira :Vler�dota, �iunasot�. �`he h�.ve 15 stafz merr.iber� and hav� a ca�acxty af approxi�nately �,17 cl�z%ldxezz. �'h 25 �arkzng stslls, two of whick� a�.�e hal�.dic�ppet3. f The si�e ls well served by the swrro�ding $�rae'� sy st�r�a. '�`�Ze site i.s borderec3 a; T�S ��9 (I�odd Road} a�d o�. th� nor�l� by M�udota I-�ei�hts F�oad. 'I`xt� %�agh • r fuuz'-Iane divided facilit� with twrning lan2s �arthbound �zzd �outhbotznd. IY1e�d l�.oad is a collector stxeet �vith left turn. ��nos at'�I-� Y�9. �. traf�.c si�sal ha� r c �ppro�v�d �ar t�Ze iniessectio�x b�sed upo� exiatang a�.d projectEd tra£�i.c valum s. illustr�ting f.he site piaiY is attached to thas repprt. Three �p�c�riau� studies have b�en prepared tl��t �iave �e�evance �� this sit�. h�ve beezz. re��fe�ved a�ad the xesul�s wei�� use�. in onr analysis, "�hey axe a� i 1, � uigz�.l. �'ustification Re�ozt, �3add Roa�. tT� ��9i �d M�zzdoLg �Ieig� ; ?�Snl�4T, A.pri� �.�, 1�94. � 3. Southe�s� Axea Siudyl`S�af�`ic, DSIT, �.ugusi ��, 19$5. �vSe�duta Hei,ghts N�i;lxborhpod Center `I`t'�£�ae Trt��iact Stu.d�, Noveznb8r 27, 1590. Tl�ese s�udles will be identified bY the abave referenc� �umb�r �vit3�i,n ths b i . � . �alv is r `�ipi G�nsr�tion i ! ��d care faci�itzes ar� genera�Xy busiest duri�ag 7-9 A.M. and 4-6 P.1vL. w�� used prin�az�l.y by war�g �ouples wha drop theix children aff before �ar� � them up af�ex� 1;hey return from �voz'k. �y the i�ature o�`the service, it is typ v��ruu�d select a faciLit� that is co��vani�nt to both their wvrkplace and home. priorxty for p�o�,le during the hamE�to-wark and u=o�k-ta�hame trip. Pxev3o hav�e E�Zowu i�at appro:cisnate�y 76 g�rcen� of �rote�tial patxons are people t usiug the stxeet systern_ Some aY�e pass�ng by th� f�.czlity today, oihers �ill diver�xons from. their current trips to reach �he centex. Yt is lagical to ass diverted and. pass-by tzips (7� �ercent} �vill. be oxi�zated to and fram I-�434, trips will be c3is�ersed tl`�xoughout the �t�,j�.eent neighboz'hootis, '�'�e fallaw� i summaxizes the ea:pcc�ed trip g�ezxeratiau. � ; � ; � . .. . . .. ._.. I i F.1�1 ,� enter w�ill site con�ain.s �he west by y149xsa �ta Hei��it� ni�y b���. A fgtixe ; e studi�s �z�gSneering, o� this r�por�, kdays. They' axe �nd thsn gick �icdl that p�.trons Ca�.vezuer�ce Ys a zs s�udzes {3� f�at �ra alr�ady' be makin� ie that the �d ths rem�i.�.i.n.� z� t�ble b9/2i!9�3 15:3� FA�. 612 33� . � + i ' , , B AF�'t'�t �id-,� 5 CH P�4,�. TV � � A,�Iysis �'eriod � Ev�ni�� P�al� �our ! Moi-ni� Peak I�our ' �-- ' �•'- .> � .c a t I.l ui8o n���:.-,.v,,za.,.. , �L����lAi��s, �t��. �'ea�. I�a'�t' 'n'i 1 b12 432 61 trips i30 in, 31 out) 6�. ��zt�s (ax in, 30 tion 1 '�he tz�af�c volum�� i�.d'icated above �r� � r�nixtura of �mploy�es a�.d patror�s.1 purpase of ihis analysis, it �c��i�.l l�e �sGumed tha� thexe is zav reduction fiz� txa� the faGt that 24 pexcen� afthe txaf�Zc zs fro�rz ihe imznec�zate neighbarhood an.c the tr�ffic i3 on. tk+a stre�t sys�ezn alr�ady. It0. �dCllt),O7C), t0 t�'18 a�14v8, Y� 'c�i.li be assumed th�t the traffic sxg.�.l �t th� in��rsection �f �endo�� �e���.ts Road 4 op2xate at a 720-aecond cycle le�;th. The cycie �e���. is the tim� �hat ii take $ignal to ,go fhraugh �n8 corzxpleLe I�attern ofsig�,al zndacaiion.s. Wiih tY�s i,n � ihat �here �-ill be 30 cycles durzn� t�.e peak geri.ods (3,6Q4 sec�ndsll2{} secont Th.is ��ou].d indic�te iha4 tk�-is site will im�act tha intersection ��'Dodd �oad a Heights Road by addir_g a� add'ztxonal 1 vehi�l� per cycle enterir�g and leavin� intersec�ion.. Obwiausly, tlus r�presents an almost Snsi��z,ifica�zt impact ta th U's�n� th� tr�.f�`sc projections ciied in r�eferes�ce (2), the addiiional tr�£zzc at v� ca�s�d by the da�ca�e facil�ty �;o•std represent apprQr.imatel� 7 pertan.t af t} appro�ch tra�c on Mendoi�. Hei��ts Raad. The �ff�c� a�` queuing bac� frorn IT�i��.ts from'S`H 149 t� the site drivew�Y wat�.d be minzmal. Uszz�g a ver,� c an�lysis �fth tlie �=ear 200� prajectinz�s it is e�tpacted th�.t traffic may occ�ei ' frozaz TH 149 appro�matel�r �S5 ieet, The si�� will at�d �n aver�ge of ar�oth� � feet to th�t f�.zgure pex c�c�e o�'the traffiG sigxzal. '��.e szt� d.ri�veway fs apprax back fram tk�.e inte�t�secta.on �z�d, ��zerefore, sorn� impact rcxay be e:,peri,ez�ced, ihe driveway i� on tk�e sauth sid� of IV�Eend�ta H��ghts Roac� and, therefors, t � t�.e site f�om T� 1�#9 ca�a do sa unimpede�.. �`ra�`ae exi�in�' ihis site, l�o�v�ve' ' wait tzntit the queue clears £razn �he ��zteraectian in order to enter �endota ; �nd ul�fmatel� get to TH i��3. 'Z'�iS is a comT1101� situatian azid S�dU1tl �o'� Si; Mendo�a Heights Road or TH �.49 txaffic operatzons. f Sit� C:ircul�t3Ora . � As meniiane�, pzeviAusly, there az'e pla�a.ned �o be 26 p�r�a.ng s�alls on th� si handica�p�d stalls. F'�ren.ts �vi11 be required to clrive izato the lo�, park theu ihe b'tulding, and c�Zeck their chzldren aut przar to rece�ving their cIuld, Ch.iJ ' able to simpXy leave the buildir�g and w�it far parezi�s who �re cxz•culatin� th � Aarl�ine lot. B�caus�e Uf tlus polic�, tl�erc is no neQd £or a turnaraund ar�a �� �arkin� Xot. Tha parking lot is small enou�h �� that �eople o�n �u�l in rsadi pot�ntial par�.irag axeas without c�ngestiz7g the en.tire Gite Iooki,n� for a p�rk� this }ea�on, xhe circuletzon arra�igezz�ent shovld �work quit� well. , � i � � P.�2 4 or the unpac� d�le ta 76 percen� af xd TH 1�9 witt ; for a tral�.c 1iud, it f���o�ars s per cyc�e)•: id Me�adota ° the street s�stem, y�ar 200q ave��il tz�sarv�a�ive nally back up • 1 �ehicle or 25 mately X90 feet �`ortuna$ely, af�ic en�eri�z� � wi1l haGa ta :eigh�s �taad ni�icantiv af�`�ct � and 2 vehicYe, �a into �ren are nat �augh the �thin. the y aad zC�entkfy ng stall. Por .. �$/2i/94 �.5:3i r .....""`."' "�j iur-r � t�eait�.� 1 612 4? �Asi C�1� iSJL OlCV �_u.�.... .�....._....__. � I � � F3 /�►FCi'C? fld-o� 5 CI-� FVt A 1"d �"`anG�sf� ,0.5St�CS�.TE -�v, B�ttC. fihe folla�in� sumrs�arizes �he comclusia�as af tihis repoz�. t �.. The site is expected. to �ez�er�.te a��s�oxi.ma�el�' 6t1 tri.�s t30 in, 80 out} � marning and eves3.in,g peak �ex�i.ods. � 2. Sev�nty-s� pexce�t of tho�e using t�.e facilit� axe ��ople that are eit�.e th� site today or ;�re a�ready on the strest system �ea�b� and wouid nE d'zverted slightl.y to use tk�e site, The renxazr�xx�g �� perce�t is n.ew tra� p�op�e �c�%thz� the immed'zate sux�aundi� axe�. , i 3. The si'G� wili add an avez'age a� one ve�.i.cle per cy�cle �o the northbQuud a�pro�.ch of'�'�i �49 az�.d iVlendota �ieig�ts �'ta�.d durin¢ peak �e�i.a�s. ' �h,is addit�an�l tra£�c on. the intersectzoz� sholzid be m.i.niz�.aX. 4. � � j �.`he c�ueuin� arxalysis zndicat�s th�t �ra��.c m�� irzfrequez�tl� b�c�C up � cirzn�way fz•axn T.�-i 149 using year ��t}0 i�c pzaj�ctioz�s, 'i`he locati� drive�w�.y' should, signi.�,can.t�y r�duce the paten�i�.l of this dzivazvay ca�� into TH �.�9, ho�s�eYer. 'I�af�xc e:ciiin� tl�e facility may e�:perienc� som '-watt for fi,he tzaffic sign�� at ihis in.i�xsectiox� ta ciear w�stbound vehic 'Common occurreriC� and sh,ould nbt Cav.se 3ny Sez'i.Gus di�cttlt�. i �Szte circ�atiozz appear� adequ�te with �� paxking s�alls and ninaty d4 rThe �'act t�at paxents zz�usi cheG� in wiih tha o�'f'ice pz-zor io drapping o tiheir Chi�dren elim�z��es the �.�ed £ar a tuxnaroLuy.d vx drop of�'area. { .�n general, the site ap�ears �c �II suited £ox �ts gro�iosed use, I�Io s banii , impaats shc�uld be anticx�ated. iri� t�1� dz-i�-i.s�g past � to be ge�aerated �y l eastibou�d e£%ets af yozxd ihe �o�th� :� bacb.�tps , dela�� s as they s, This is a �ee parking. ar pic�.i�g up t traf�ic P , (�3 � � � —.r �.. � .� :� 1^� �� " '�-�� �� �' �_ ^4 � ". 1 ,.� i j1. •. , ; �.... ' i� ti� �~ �� ��. .. � � ��' ' •' � �"'`��t ���` �� �' `� �� �1' �� �+. i� �+► +�� �r • - t- ,--- m - . • _1~�--�""'_---�='`1-- -----. �---r.._ '� "` „- ..� ' . ;�.. --- .� ,,,,_ � .r , ' ...- �.�, �,, -- .... �: ' �, � ..... �,,, '�' =_��,� �. .� .,,r, � � . � ' � � -�.. ¢ � (' :� p ti j � f ` '-- —� F— —�. � � ! / .,_ t t—� t —_� � f , . •r•.,-�," • ' �� . � l��� f � '��� ` ~ l-j f ! �.A ��}'_ �., T�� ,��__.1��;.1i� ��i Q9�� f_r�' E �..�.. j ' ��---��_ ; t Q� _ �� T Ilr ��� ��i ,�,.r}�~� �_.- .� --- - - . � -� 1 �� _ . � d0, p � j � __ _ 1.__ _ � _ — _ _- � � � � .� � 0��, i 9��'� ...�sy'� :. g� i �a {"� 0 �3 �,,-' s' �2� � T� _ �A�� � --� t?�� CA�1��t� S6 �f� �'L t� 63. 6 f �f - � I I � t �� -- -- � - -� ---_ � _. _ ..�.___ / � _ __ -- — — — ¢ � � _/_ _ . ...� � f � ,� � � 0. L -��^ !-���� - —_'-- �. � - ; 1 �,� t��rfi� ��p w S i �utt-�. ��,t��t�G i�.a.�. ���-�i� cs?��`�- ���.c.� l :rs j v - - . 1 _ __. ... . -� ---- - �-- -- -- - - � � --� � � �- - - �-- ��� .--P�i�UT� ---.�utZ_�_... __ . . .._. ._._.��t�f�, _�.1�. i � S���c_�s .. .--� .--.-��,�a_�-_ o �._.--- ��� ��s �s , - --- - - -. .-- ._ ,.;.... .._ � , --- -.-- ---__. .._.--�--...... _ ._. . _ _ .. . __ .._ - . -- - --- -. _ _ .. _ _ � - -'� ��z..._ �..�J� ---':��}�.��� t?` . _ is... 1=�T . o��-� _.� �. '� ! N ;; ;; # C .. - - -� ; \r-C �T �-t �`�-L4-S 'I-� hcG, ` t-,`l-�-?Tt IJG � c = CvF(1� b.,L_ a hJ T��tr�._, �' 1 '' 1.1.�T�_. �t � =� a � ,�l � , . _E-�-is , �-�: �u r �_ �,� ,�, ; � . i�� _ I�.�T�t�� ---5��.;�! .__.i� c�-. � Q.cP�. l r�s� Q�. � c�.,rs, p�. ,i ; _ _ . � .. �_ 1-� � _ � .. ._._�,,,�_��l ��a� l-� � 1ai' , , -j . . I � ; , � � . . - - - - -- - -- . . `•' �I l, !� , � ,, .� (f1�,l�LC� W t`(. �C�S '!� lT !rl l f-' �.J�iL1..� p' i ti �`�-' \�2i� `yZ t�h-� C '1i�.1 I L� `'a n'- . , ,; . µ,�C-`,,� i�'��.ic.�- ��e.t_ui� i=�� j=�x� `} l �;L �uS,� ��� �tp-��G !-t ' � ; :� .,. _ � I1'c,I� c.�� � O r' ,�F;1 ; � �'�,- P�-�'1i�' t � � , � �"t� ���;� �. L�� l�c� �S l�i�. ;{ h,,�• .'j 4 t�..; i i.�t.._ �—�'-Q_L � 1" =C �-�— �J2 , f', � � ; �..� l.�rt. ��.5 ''.} tzij�t�- K�aht C: �..,.�t-: , � �; �i ��-,, � ' �� �O ,� -� t;'�C.W�.i%r� �-? �.-�'.� �\,, . �5 . � : ( � } � ;`�.�.,��. ��. i s, T� ���� � i,� �,.� a� �::: ��.:�<<< t�+;�� ��c �� •' � � ' ; � �''' ��-�-= � �; �� 1 S �.� y� �-;..� ��./ � 'r+, ��rz � � �?'= 3' .� 1 � r � t � �j , 1•c� . �C�:�1'; : C� V i [ 1,•.� �c._fr��; � f �� ! �`� � � ��t � c.. � �� � � /; (, � �' � F�-�-�5 �.:.��-O�L'� � I�'l�.�C, i-l'►`C � } �-'�'L'�==.. : � � ; �T�+ �,�,2 F�,`�-�' = I�� �T��t ��-- � l�� � �.; _ �. � � � w � � � � � ���-R- = �►��7z- %��-� � �-�-�. ��- �; � 1 i-. ��' � �� 7 � T'1 ^., � f : i �,��'rt1. � �� 1 w � �-- IzN ��l���-�T i;� � i�-5 �.c � . : o r S p� : .F�. , ;--��� ��;-c�_ + L� � l�v T'S� L � : � � � , "����r�.o P f,�, ��r I i1 r� �z r�-;~� Q r_� � � ; �� c'z `�� � �;,,( ; c�t.. p� i�►.) �+. j f i; , . i + � . I i � Y rlr� 1 R_ `,. , , � � ,� =- i��.:;�.� , � z � 7 i ���- �j'!_ 1E.t_ �� ,`� � '' j t/ .� � + � t r� • +` � ,� , r � - � - --- ... ... ._ _ __ ._ -- - -� �-- -- �._. - - ------------ � ----- — --- - -- . _ _. . _ i �I1 � ( I! 1�-- f� �.1��I'R-f'�-- ..._. �' __ C. t U t ouS - - -- -� ---. `� _. � �o _,.. .�i�-. o�"_. __ S�R-u � .---- �- � _-�1_ _ -- �--,- - - � ..___._.;;.___.��--�4�T �r�T�ifZ-�1�� .4���.. o►�_� _ ��__ �..t.t.j��.c,. ..k!.�c.csj-� � :, ._.... . - - .. . i ' � - ---_ .._ ._ ._. _. :. .. . .. .: � � .Su t�.� �1�► _ p����_v��s ��T �. _ ._ I�c�_ ._�► � i �si _ . _ ;: , - . � � . _.. � � (�.� ��.��—r� � � � w4 J� _ ��w��-t r �_� -� _. � . � , F� �w� r-� - ; , �� t' -•---• - -• - ��.LL, 6-�.�OiL.�� , � }��Zl��o`�- ��rt4 oLc.�C , � i � � - -- - - - - � . _. . � �� . . _ . _ . . �� �� . ---- -..- � ;� , _ . _ _ . 1 ._ 0 �JGG22GG2 � �22dFY2 (� (%GdeaoamG�e, p�GIL. v Certified Public /�ccountants 20 North Lake St. Forest Lake, Minn. 55025 Phone: 464-3660 ; October 11, 1994 � To the shareholders Mendota Homes, Inc. Forest L,'ake, IvIN � We. have compiled the accompanying balance sh�et of Mendota Homes, Incorpora of December 3 l, 1993 and the related statement of income and expenses for the ye ended, in accordance with Statements on Standards for Accounting and Review Se issued by the American Institute of Certified Public Accountants. i A compilation is limited to presenting in the form of financial statements informatic is the representation of management. We have not audited or reviewed the accom� financial statements and, accordingly, do not express an opinion or any other form assurance on them. � � Management has elected to omit substantially ali of the disclosures required by gen accepted accounting principles. If the omitted disclosures were included in the fin� statemerits they might influence the user's conclusions about the financial statemeni not designed for those who are not informed about such matters. I � I � � .l � c��.cc�G. �a�' . ` Kenneth� E. Johnson Associates, Ltd. Certified Public Accountants MENI6ER AMERICAN INSTITUTE CERTIFIED PUBLIC ACCOUNTANTS the area � 1970 � as then that are � � ! � ; i i � ASSETS CURRENT ASSETS Cash Inventories Land � TOTAL CLTRRENT ASSETS NiENDOTA HOMES, INC. Balance Sheet December 31, 1993 TOTAL ASSETS ; LIABILITIES AND STOCKHOLDER�' EQUITY , CURRENT LIABILITIES � � Accounts Payable Accrued Income Tax Payable Note Payable Accrued Wages ; TOTAL CURRENT LIABILITIES i STOCKHOLDERS' EQUITY � � , Common Stock Retained Earnings , ! TOTAL STOCKHOLDERS' EQUITY i � TOTAL LIABILITIES AND STOCKHOLDERS' � EQUITY i � i i . $ 63,746 15,403 347 $ 7,104 9,163 26,750 1,447 ��� � 1 i � 4 � REVENCTES � Sales MENDOTA HOMES, INC. Statement of Income and Expenses For the Year Ended December 31, 1993 � TOTAL REVENUE i COST OF SALES e ; Purchases Assessments Closing Costs , Subcontracts Taxes TOTAL COST OF SALES GRO S S PROFIT � EXPENSES � Compensation - Officers Rents T'axes and Licenses Advertising Vehicle Expense Bank Charges Insurance Lega1 and Accounting Medical Expenses Miscellaneous Office Expense Postage Telephone Utilities ; . NET INCOME FROM OPERATIONS � O'THER INCOME AND (EXPENSES) � � Interest Income $1,733T256 1,733,256 1,469,397 36,658 101,787 39,030 1,856 1,447 2,200 1,008 201 7,979 181 12,446 5,953 445 253 3,291 311 7,300 399 �i 41, � �14 � I - i rs • ' ♦ i t . j 1 ' � INCC►ME BEFORE INCOME TAX 41 . � - INGOME TAXES 9�163 t � � � � NETINC�ME � 0 DEVELOP111ENT SCHEDULE � Octob�r 24, 1994 i a` November 7, 1994 � i Navember 8, 1994 Nov: 8- Nov. 28, 1994 � � Nov;28, 1994 � December 5, 1994 ll�c� 6 - Dec.�30 1994 I � Janf 1- Jan. 30, 1995 7 I � + i I Jan: 1- March 30, 1995 April 1- April 30, 1995 � May�1 - July 30, 1995 i � July 30 - Dec. 30, 1996 -��• . ,..._ Planning Commission Pre iminary Pla�t Approval City Council Prelim nary Plat Approval Apply to City of Mendot Heights for U�tzlity Iristallatio Develo lans for uiili�ies to be P P installer�, prepare for site gradirig, and tree remov 1 Planning Commission Final Plat Approval City Council Final Pla�t Approval Land Purchase Complete Let bids for utility in tallation, do site grading and t ee moving, apply for �townhome buil ing permits Site grading complete, ree moving complete, utility work installed, roads to have crushed r ek Construction of Townhom s underway Occupancy of lst Townho es Completion of Curbs, ro dways and utility work, perirneter landscaping complete Completion of Towniomes and Indiviaual Townhome lan scaping ; f , , Ca �_- October 21, 1994 .� : � City of Mendota Heights - � - . - . Planning Commission ! � �� 101 victoria Curve ; Mendota Heights MN 55118 - _ Re Mendota Homes, Inc. Planned Unit Development Applicati _ .I _ ' '.- - , - � �, - �,.- Dear Honorable Planning Commission�Members; � � f _ I, the undersigned, wish to submit the following is opposition to the proposed PUD as submitted by Mendota Hc for discussion and•consideration by the Commission. - I - . � . Issue 1: Whether Mendota Homes is the proper applicant for a C Use Peimit for a Planned Unit Development ? No; Sec 5.6(2) states, "All applications for a condi permit� which are initiated by the owner or owners of th in question...."(emphasis added). Mendota Home incorporated April 3, 1991,' is not the owner of the pr only liolds an option�to purchase. Therefore, Mendota Ho the proper applicant, and lacks standing under the or pursue the application. , onal use property , Inc., �erty but �s is not .nance to The language of.the Ordinance speaks of "owner or owner ". Such a •requirement appears to be intended to preclude the pos ibility of multiple- concurrent applications-for a Conditional Use being ,brought, and to ensure that the applicant is motivated, nterested, and has a substantial stake in_the efficient purs it of the application process. � ,- ' r, � . -�� Mendota Homes, appears to be less than a motivated, interested � applicant with a substantial istake in the outcome. Express language in the PUD Ordinance, spec�ific requests from he Planning Commission, and comments in Planning Reports submi ted to the Commission by Dahlgren, Shardlow, and Uban have clear y specified what information the applicant is obligated to rovide the Commission. Nonetheless, the Planning report dated S ptember 27, 1994 still set forth a plethora of areas of non-com liance. In fact, there was such substantial noncompliance that e applicant was' forced to request the removal of the applicat on from the : September 28th meeting. �� y - .- f This comp'liance failure, and°resulting removal fro the agenda, resulted in great inconvenience to members of the public, both those who did not receive notice of the removal and attended the meeting, and those who had spent time and effort in reparing for ' the meeting. '� � ' 1 � � � . � � �� Tr �e ' � �a . • ♦ � . ., . � . y � f ' _ _ � { . ! * vt � � � . .. . . 4 - � w f _'d��' � � � a .. � . v r✓ !�. ' ' ! �# V a < . . _I . ^ � � t �ti. H � Yv _ f.- �_f _ a •. , .�� if2l. � 3 y-� e- -`. � C . . ,t, �- . �s . s _.�.. � +• 4�f.yis.rsts;i!3+r"!r 4. i :i�•..\.T +, � -ri 'i �y' ` , r A�f _ �1 Zk . � ss - . `t,. . � i . ,..r � � ,.i. � � l»,. -.�A � r � � � -i ?��± \.a. i �:i - ✓ i��:.�i�.:� . s��... _„_�., ,-=-�r:_ . ..r. __ '+.. , c.._=. . .� R' - , R.. n _. � 4:.•.rv � + ' v.;,ii ♦.� ♦. � a :� � i• � F _x °�-. ``+ s : _ a �h_ ti j �_ .. . V o: : r . ^ {e� �' 4 . � `f4' P t •g . . ri �,' .. . •. �~ �� d��f , � • e a ��i' � . ....+.�.' _ +n+i + ' ' - .SA.. _. .. - '* �'� ' ' 's'+ . I i� id .✓ �i4 a .y.�' � J. a � -• r.,`f!'tt,- rr ������•r-- . V4-s.fV ik . 4.t..1� ... • �`./ ` .. A t s + .+ �� >A� .. 1 . i � • d y�.t . r:t .. sr i � # . - . +� � i 7 ♦ � � ~� � . � I �. t r a . . i. � b �'L� ".l�a�_� C.l4R�I.�:.r� 44 i._. ' . i • : �.. ... a,�V .'�>�' � •i .- . 1. ,p , 4 i. a . � . . . . _ . �k =. ' . `i . � ' - : ;:': l•` ;.t:.t I� � �' C "` >_ +. . � `"' . r � 1 �Y A. - � r' . �s � -- .�r � ; s t'� .r ��=r•'s�'� s _ ... ' .s♦ .+ ° �-.J % 1» r` x T _ _ �.tJr � ., r R ' � .- r� a� . - ♦ ��� f:i �ij.�s_e �i: ..p x� _�._. i,} ws�..�.i:,._si� ._. �1 �.- �. . � .J.� 4�w.�.� � s�_ 4 .nwi vU,�.,.�14 �` C....sl r •�.iM � ,.. :� �...�€•i.a �+�.� -�.....�_r_ r. " - w...t l. . , t �. h ,� � °; r `'0912319� 1�:2& $812 337 5601 DSL�. ZNC_ �300IIOII1 PLAIVNIlYG REPORT DATE: cAs� rra: APFLTCANT: LOCATIUrT: . ACl'�Q3+T 1tEQUFEST.ED: PREPARED BY: PLANNIlV'C� CQ�SxUERA.1`IONS $ackgroar�d Post-lf"' brand 70 Co. Orpf. FaX N tJd i �. fax transmittal memo 7671 � k o� a� ► September 27, 15��4 s�-as Mend�ta �Iomes, Inc. 7ohn Matb.�sn, �'roperty Southwes� Quadrant o� Road aad Dodd Rc�ad Conditianal U'se Permrt Rezaning to MR-PUD C. John TJban Mr. Mathern was befare th� Planning Commission on August 18. 1994 presettting . Preliminary Plai in combination v�►ith the progosed day care center. Based on � comments at the public hearing, this item was continued untiI this meeting waiting i azid submittal af additional information by #h� appiicants and adjustments to their p concerns ofthe Planning Commission. PUD and s p U.D. and ; review and : claiification � to meet the The basic overall development has stayed the same and � will outline same ofthe chan�es that have #aken piace. The review of the submitted documents and informadon wili follow t�►e requested infomnation as detaiEed in the Planning Cotnmission motion and expressed in the ntinu�es of the last rneeting_ � Rezoning '�`he site ciata. has been updated with new numbers and measurements. The overall lat size is 413,210 square feet for tha townhome portion ofthe develapment and ihe child care azea. is S�S,755 square feet. Within the tawnhame s'rte dedicated right-of•way is 77,836 square feet, creating a aet site, which is used in the calculatian. of Iat size and impervious surface covetage, o£335,374 square feet: E � 09/23/94 1�:33 �612 33i 5601 DSU, INC. C� 001/d0� ' Case Number: 94-25 September 27, 1994 Page 2 This produces an average lot siae of 9,316 square feet, which is 7% Iess than the R 2 zozung requirement of 10,00Q square feet. The unpervious surface coverage �is 30% for the residential portion and 36% for the cliild care area. The P.U.D. impervious coverage for residential uses is Iirnitcd to 25% if no variance is requested. The low profile rambl�r style building and the dedication of full right of-way for the interior s�et system creates a calculation for impervious surface area that el:ceeds 25%, To reduce the imperc►ious surface, a mvtti-story vectical building des"ign would be needed instead of the Iow profil.e ramblers that aze proposed or a reduced public right-of-way. The vertical massing unpact City on the adjaccnt azeas was deemed unacceptable in past proposals and the increase impetvious surface may be of Iess concem when considering that this proposal will have lower profile buildings. This judgement and decisian must be made by the Planning Commission and City Council. P.0 D. Conditional Use Permit 1. ?he concem about tree �moval has been addressed on the residential portion of the property by readjusting the home placement and grading pIan on the eastern edge of the property, This allows for the retention of more trees and more sympathetic relationship to the adjacent properry. The residential landscape plan has not changed and does not show additional evergreen plantings along Mendota Heights Road. Also a berm is indicated along Mendota Heights Road on the landscape plaa but is not reflected in the grading plaa. The grading plan should be amended to show the required berming. The trec sizes shown on the iandscape plan are unders�zed, We had suggested previously a variety of sizes, where any undersizcd plant proposed be matched with an equal oversizing for other plantings. This will creato a more natural setting. But overall, thc tree sizes must avcrage 2'fs inches trunk dia.m�ter or better, and the evergreen trees six foot tall or better. With the cxpressed sensitivity of the n�ighborhood to this project as it is viewed from Mendota �Teights Road, we believe an upsizing of plant material is warranted, especially where bezming will not sigrrificantly screen the developmen� The applicant has also indicated the potential of moving the small native trees found on the site to other locations to augment the plantings_ It is hard to tell at this point how successful that will be until the grading has been completed, The problem with tra.nspIanting plant material whilc grading occurs is that it often is not cared for over the winter and it dehydrates and dies. 2. The Iandscape plan for the day care center has not changed; however, the grading plan has been adjusted torretain more of the existing trees on the site. We would suggest that a new landscape plan be developed for the day care center, incorporating both the existing and .' proposed lanclscaping. Also, the fencing was not ineluded in the site plar� which was a requested area of clarification by the Planning Comaiission. Any fencing over 36 inches in height adjacent to the righi-of-way and not set back 30 £eet, requires a variance. No -_ landscaping or softening of the fencing has been proposed. 3. The infomiation requested by the Pf anning Commission included a detailed traffic analysis for the child care center. What was submitted for the child care was a few pages out of the � ~' OS123/9� 1�:3� '�612 33? 5601 Case Number: 9�-25 DSL1. INC . September 27, .I994 MnDOT Signalizarion Report with no accompanying narrative or conclusior engineer, about whether or not the amount af traffic generatecl from the ciay ca the locatian ofits driveway has ait impact on traffic on Mendota Heights Road. review c►f the raw data indicates to us that in the pcak morning haur the da; based on its ons trip per pupil, wonld geaerate 50% mare traffic entering out c I49. Whether or not this is acc�ptable, would have to be reviewed by a traffi detern�ine ifthere was enaugh stacldng raom for this condition. It should also � a traffic light is slated to be consnucted iz► tate 1994 or early 19�5 for Mendota 7 and Trunk I�'ighway 149. i �. The Planning Cammissian reguested a deta�ed markct anaiysis far the day care was submitted was a laundry list of day care centers in Dakata Coun� Department ofEducatian School Enrollment Projections, and the reiterafton sta7tements made previously in an executive summary. It should be noted that version is incortecf in that it noted only one day care in Mendota Haights whez centers, (Children's Counbry Day School� are in their market anatysis, This woi estimate of avaitable children in the market area to 160 for their center whi children, appraximately '75% af the available chiidren to choose this ne� professionaiiy prepazed market anaiysis would more accurateiy cfeate a Iogi� based on the relative facts than the summarized general informatioa that has be� far. No credentia3s ofprofessionalism have been associated with either the traffi market study. 5. The Planning Gommission requested a financial report for each of the proje sgecific infarmation about lending u�siitutions and pro�ect financing. In � information I received, there appeared no additional financial infannation Hcrmes. Childtime Chitcicare submit#ed financial statements, which will be re City treasurer and reported on sepazately. Childdme Childcaze indicated th be�ild this facitity out af availabte internal funds. The cur�-ent assets shown, v and other intan,gt'bles, indicates that about $204,000 is available in cash not incIu receivable and gre-gaid e�enses. This �eral inforn�atian wauid indicate t borrowing would be necessary since na significant cash reserves were indicat Page 3 � by a traffic e center and O�r eursory care center, ito H'ighway � engineer to �e noted th�tt :ei�hts Road enter. �Vhat , lviin.nesota Fthe generai us simplified wo day care d reduce the i serves 11"7 facty'tty. A 1 conclusion Esuppliedso s~tudy or ihe s, including � packet of xr Mendota ;wed by the they would er than Iand ag accounts t additianat 6. 2he Planning Carnmission required a development schednle with proj�ct campi tion for each partian of tiie P.U.D, These have been inciuded far your revtew anr� indica e the stact of construction in ea�iy winter with apenings for the day care in August of 1995 a d townhome canstruction in<the summer of �995, 1. A1so requested by the Planning Commission was a revised grading ptan to les: the driveways. In my discussian with the developers civil engineer, it was there are still several dnveways in escc�ss of li3°lo slope and qvite a few in e� this condidon with Iots of driveways out onto the public street, X believe that 8°lo may end up beirtg problematic. The appticants eng'cneer indicated that t dirt and could raise the elevatian of the street, but would have to look at the � the slope o� ncluded that ss of S%. In veways over � had surplus site drainag� � � 09l23194 1�:3� $612 337 56Q1 DSti, FNG. Ql003/'40� ` Case Number: 94-25 September 27, 1994 between buildings more carefially to accomplish that. Pa�e 4 8. The Planning Commissiqn requested a revised landscape plan that includes more detaii far screening and berrning primatily a�ong the north side of Mendota �eights Road. As previously stated, the berm on the landscape p1an needs to be reflected on the beiming plan. A�So the overall s�ze and num�ers requested for the landscape plan, need to be-�inctuded. �he overall pIan�ng sizes indicated are undersized from what is required in th� ordinance and the screening portion aiang Mendota Hei,�hts Road needs to be ctarified as to the variety of sizes. Also no irrigation has been yet indicated on the plans, which is an impartant part of maintaining an attractive cammon azea far these taurnhomes. 9. The Pianning Cammission.rec�uested a copy of the homeawner`s agre�ment hameownet's assaciation dacumerrts. The declaration of covenants, conditions, restricfiions, and easements was submitted along with the homeowner's association hy-laws. �These docurnents have not yet been reviewed by the City attarney, This review shauld be completed prior to final approvai by the City Councii. 10. The Planning Cornmissian requested a consideration of the location of the proposed street intersections. The discussion of trying to combine a single entrance for the day care center and the townhames was not inciuded in the infamn�ation sapplied to the City. The gazking lot and driveway for the day care center remains essentially the same as previously proposed_ Even the siight adjustment af moving the d€iveway sughtty �o the east could be accommodated in the site plan, but has not been develaped on the submitted drawings. . The street intersectior� orna Mendota Hei,ghts �toaci are at the same lacation w}uch was a problem with ane of the residents alang Mendota �%ights Road. Further study of the eatrance locatian addressing privacy issues as weIl as gtare from autamc�bile �ights should be at Ieast be reviewed to see if there is a reasonable solation. I1. The Plannin� Cominission was also loolang for staffing infarmatian on the day care center, which was.supplied indicating ihe State would require a tatai af IS staff members for the Childtime Childcare facility. I2. Also requested was a review afthe parki.ng numbers and layout o£the day care facility. This dead-end perking artangement did not change and neither did the outdoor trash storage azea £or the day care. The Ciiy ordinance requires interior trash storage. With the gotential of buses moving students fram elementary schaols to the day care facility, there needs to be adequate circulation within the parldng lot. This has not been accomplished ta date. 13. Submitted in the package on the day care center were details on the trees that will be saved in their development. Ten out afthe 55 trees an ttnis site are propased to be saved. No new or revised landscape plan was submitted and na fence plan was submitted either. Na sigaage or Iighting was submitted for the day care center. � . . , � '09/23/9� 14:35 $612 33i 5601 Case Number: 94-25 Action • DSti, INC. September 27, 1994 Review applicant's request and make a recommendation to thc City Council; or hearing and request revisions and additional information as rnay be necessazy for cc ord"uiance and site specific design considerafions. 0 �J004/00� Page 5 �e the public �e with City Mr. John Mathern Mendota Homes P.O. Box 416 Forest Lake, NIlv 55025 Dear Mr. Mathern: I 1� 1Vlendota Hei August 26, 1994 O` I am writing to notify you that the Planning Commission, at their August 23, 1994 meeting, continued the public hearing�on your request for a Planned IInit Development for the Mendota Mea�ows and Child Time Day Care proposal. The Pla.nning Commisaion cdntinued the public heari�g untii September 27, 1994 at 8: 30 0' clocki P.M. in order to give you time to submit additional inform,ation. � The Planning Commission requested that the information be submitted prior to its meeting in Septe 1. A detailed traffic analysis for the child care < 2. A detailed market a.nalysis for the child care cE 3. A detailed finan.cial report that includes f information about lending institutions and the p� financing. 4. A detailed description of the development achec project completion. . 5. A revised grading plan that includes revisions t< the slope on the driveways. 6. A revieed landscaping plan.that includes more d�t screening and berming and includes acreening on tl side of Mendota Heights Road where the access rc located. 7. A copy of the homeowner�s agreement for the assoc 8. Consideration of the location of the proposed intiersections. In general the Planning Commission was looking detailed information on the day care center including f licensing reguir�ements numbers of children, traffic parking, tree loss and fencing. The Planning Commiss wanted you to consider revised locations for the access t Llow'ing �nter. �ter. �ecific �j ect' s ile and lesaen �il for � north �ds are Lation. street r more .ffing, �w and n also .ve . In addition to these request for information by the Planning Commission, the Commission expressed a desire to have you �ddress the four percent differential on impervious surface and �he six percent differential on lot size. The right-of-way to be vacated along Mendota Heights Road may be included in any new cal.culations . 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 • 1850 . � .' .• Mr. John Mathern August 26, 1994 Page 2 In order to properly consider this information at their September 27 meeting, it will be necessary for you to submit the above requested information by September 14, 1994. Should you have any questions or concerns, please contact me at 452-1850. Sincerely, ��-�-;-13 ' � Kevin Batchelder Administrative Assistant RLB:kkb cc: Jim Danielson, Public Works Director i � � C_' Roxanne Wodanczyk 2593 Lockwood Drive Mendota Height,5. MN 55120 Tel: (612) 686-6879 AuguSt 31.1994- Mendota Heights f'lanning Commi�ion City Hall 1101 Victoria Gurve Mendota Height,s, MN 55120 Dcar Si� and Madam: Thi� is to inform you that while I am o pposed to the building of the thirty-sbc Mendota Heights tZoad at Dodd tzoad, I am even more oppo5ed to the constr day canc cer�ter on corner of same. Wfth regard to the townhomes. i fccl that �they would really add an overpopulate the neighborhood. at the �ame time thcy would t,ake away from the natural hatr� area. 1 also do not think that the vicw of th� back�iide5 of 5everal taupe townho b� a very aesthetic sight from the freew�y. I am r�eminded of the back5ide5 of t homes along I-694- in Oakdale. I also object to the developer� plan that ali the � be gray/taupe in color: It may be my own opinion, however, I have seen many cncl gr•ay/taupe homcs (mo5t not�ably on thc west side of 35E in Eagan, and even to exterit here in Misndota Height.�) and I flnd that it leaves a mo5t negat(ve lmpre the n�ighborhood--a severe sense of rtgid(ty and conformity, tfyou will. A� forthc day carc ccrrtcr. I truly fccl that wc do not nccd to approvc this. Thc the west �ide of thc lot are invaluable. Not only ar�e thcy a naturaliy bcautfful ac plur, but also. a� thc resklerits from acro� Mendota Height.� IZoad pointed out meet�ng. they serve as a sound block for the freeway noise. (5ince I am located aarshot of thc fr�ceway alr�eady, thi5 w(II not affect mc. howcver I can attest to t freeway noi�c couidprov e very botharbome to those r�esiderit5, e claliy since t what they barga(ned for when buying their home� in that Ivcatlon� My flnal objectlon to thc day carc cerrter is that it wili blight thc Imprc�lon thai get of Mendota Height5 upon exittng or�to Dodd, ar by merely driving pa�t on the 5uch a�cture, as one of the resider�ts poirited out at the meeting, will be a v� businer�. �rankly, I did not get a good impre�lon of the represerit�ative who �po m�ting. and fe�l that an opet�tion of thi� k(nd, by these people, would be dubiou Aiso. I do not feel that simply because the compariy used to be owned by Gerber nece�arlly make� them reputable and sound. Thank you for your t�me. I th(nk that the commisslon and the cfty council are job and tru5t that you wili coritinue to do so. 5incerely your5, Roxanne Wodarczyk �) -- �� _ ��I �� nomes on n of a Fe�lirtg to t of th� ;s would many vnhomes e5 of �me fon of 1CC8 Ot1 thctic tthe straight : fact thc �t is not y large : at the at bcst. a fine � i � ��'c- . �� � z�.�I q �., - ���- . . ,� ��.�� � �.�m REZONING�FOR DAYCARE CENTER AT DODD ROAD AND MENDOTA HEIGHTS ROAD. WE, THE UNDERSIGNED, RESIDENTS OF MENDOTA HEIGHTS AND BRIDGEVIEW SHORES, OBJECT TO THE REZONING AND BUILDING OF A DAYCARE CENTER IN THE DEVELOPMENT AT THE SOUTHEAST CORNER OF DODD ROAD AND MENDOTA HEIGHTS ROAD. WE FEEL THAT THE ADDED TRAFFIC FROM THE DAYCARE CENTER WILL PUT OVERWHELNiING PRESSURE ON MENDOTA HEIGHTS ROAD AND ON THE INTERSECTION AT DODD ROAD. • Print and sign�•name Address/Rhone # 1�C-�✓ SEvL-'2So�J 1 � .�1. • • �i = ' < <1,.-- r�y9� c...�srvi�c... 7Z�t�t. �Y�o7Sz/ ��#7S �li���'V�EM1 TER.R.. 688-6(.bL �� .� .� �„ -� iv�irec� C� !�'I�alr�.h,� 01 ��� �-ti��rr�d T--G-� /���°,� �r �r �� �� ` J;�S. �l � w.c�t/le r,�/ �. � J ��wze,�v o�Y�lo Pv�„ll���a, C'%..( i�i�►�lv� y� � N �! � ��G� f ' �$�� ���.. �,�� . Zyqq !�1e�.o}�, Weia�ts Cc��l� � � �° ,v�',';0� .� �; �-J �-7- ,/�t,e�<< �'� ur, � �� ,, . �. . ., , � . ..t.�► . __ _ _ '� • ��, . � � .L<y►J G� �_ . ; � .� � �; r � .' �i. ��. �. ��%� � % . _ i��� _ � � � n PRINT NAME AND SIGN f 0 ADDRESS/PHO �• t„�l.e � � v �-c'�✓ : f � ( � , . n /_ .. �--g�Y� i ��1�3r o� ,,,.,, ,�,� ,��e�dc�t� Heigh.ts Segtember 23, 1994 . Mr. John Mathern Mendota Homes P.O. Box 416 Foreset Lake, MN �5Q25 Dear Mr, Ma�hern: Your application for a Rezouing aad CQP for PIID will be considered bg the Plannin.g Canm�.i.ssion a� their aeJct regularly scheduled meeting, which will be held on TueBday. September 27, i994. The Planning Commission meeting starts at 7:30 o'clock P.M. here are City Hall in the Council Chambars. You, or a representative should plan.on atteanding the meeting, in order that your application will receive Commissian cansideration. If you have a.ny questions, please feel free to contaet me. �incerely, �;t,t,c, _., ���v.�,�.,_ Revin Ba�che].der Administrative Assistant RLB:kkb Bnclosures � � 1101 Victoria Curve -IViendo�a Heights,lV�N � 55118 452•1850 ` I\fl)Itl'UF,\IFI� CONSULTING PLANNERS LANI7SCAPE ARCHITECTS 304 FIiiST AVEIVUE IdORTH SU1TE 210 MINNEAPOLIS, MI�T ii�l(ll 612•339•330() PLANNIlYG REPORT DATE: CASE NO: � APPLICANT: LOCATION: ACTION REQUESTED: PREPAREI? BY: PIrANNII�TG CUNSIDERA.T`IONS Background August 18, 1994 94-25 Mendota Homes, Inc., 7� Owner, Richazd Putnam Southwest Quadr�nt oi Road and Dodd Road Conditionat Use Permit Rezoning to MR PUD C. Jahn I7ban Mr, hti�thern was before the Pla��uung Commission this past 7une and before the Ciiy Cc far the PUD pre-application conference. The request befare the Planning Commissi prelimiriary development pian review under the PUD ordinance and request for rezoning in accordance with the revised comprehensive plan. The underlying zoning that caires guide plan designatian of the MR PUD is R 2 Medium Density Residen�ia�. The distri two family homes at a density of 10,000 s.£ per unit, This proposal is less dense than Rottlund proposal. Also, the Rattlund propasal did not show a pubiic street which is in Mendota Hames project. Since the pre-conference rneeting, the remaining western partion of this parcel has been i a day care development. That is being praposed by Childfiima Day Care, which is se� Mendota Homes, Inc. Day care centers are allawed in residential districts as a conditio as a pernutied use in tha B-1 and B-Z districts. The appiicatian combines these two uses i plan shawing site grading, buildings, utilities, landscaping and tree preservation for the e which is aver 10 acres in size. This combined area comprises the Praject Area and meets requirement of Section 22.1, Heights PUD and cil in 7uly is far the ds ta the E�ows for previous ed in the ided for �te from use and a smgle e parcel 10 acre � Case Number: 94-25 August 18, 1994 Page 2 The development proposal also includes a vacation of a portion of the RO.W. along Mendota Heights Road at the intersection of Trunk I�'ighway 149. It has been determined by the City Engineering Department that there is surplus RO.W. in this area and a portion of the area could be vacated and still leave an 80 ft. RO.W. for Mendota. Heights Road. This is shown on the plan as incorporated into Outlot B, which is the proposed day care center site. In addition to the review at the pre-conference hearing before the Planning Commission, the City Council, also reviewed the application noting their desire for a market study for the day care operation and a traffic study specifically addressing the day care and its entrance onto Mendota. Heights Road. Other concerns were about berms and landscaping, home customization beyond what is approved, and the effect of noise on the units from traffic and airplanes. In the application packet only minimal market information and traffic information was supplied. No complete documentation that the City Council was expecting was submitted for these two areas of concern. Public notice has been mailed and a public hearing will need to be conducted for the rezoning and the Conditional Use Permit for the PUD. Rezoning The revised Comprehensive Plan indicates that the area is to be developed as MR PUD. This medium density residential designation reflects the R 2 district. The propo'sed PUD generally follows the requirements of that zoning district. The plan also shows the need for fle�cibility to some of those standards, primarily setbacks for clustering and accommodation of the public road. To be zoned as PUD, the development must meet the guidelines of the ordinance. The proposed Project Area utilizes more than 10 contiguous acres of land in the application. The proposed combination of a day care and twin homes also meets the purpose that the project may include two or more zoning districts. The day care can be viewed as B-1 or B-2 in nature with the residential as R 2. The residential area is limited to 25% impervious surface based on the net acreage (as defined in Section 22.3(3)) which excludes the land dedicated for public streets, wetlands and steep slopes if defined within the Bluffline Ordinance 403. For the business area, the impervious surface is limited to 70% of the net azea. Those calculations are as follows based on the plan measurements by DSU, Inc.. Total Residential Area 418,772 s.f. Less Right of Way 78.794 s.f. Net Area < 339,978. Residential Impervious Surface 99,586 s.f. 99,586 = 339,978 = 29% Day Care Area 59,419 s.f. Impervious Surface 20,227 20,227 = 59,419 = � 34% � Case Number: 94-25 � Augzrst 18, 1994 � Page 3 The proposed res'rdential impervious surface is 4°10 more than statec3 in the ordinar Rottiund development had taller and larger sttucliues on private roads campared to this rambler twin hames on pub3ia streets. The rambler low prafile design will use mare grc buildings that stack the space on multiple floors. The slight increase in impervious surf set hy the low mass of the progosed buildings. This PUD flexibility shouid be dis Planning Cammission. The plan praposes to cluster housing units by placing them a minimum of 20 ft. frorn tl RQ.W. for the interior road s;ystem The rnimimum setback of 30 ft. is proposed along of RO.W, which includes Mendota Heights R.oad, Dodd Road and Interstate 494 e This clustering allows far an open space area in which a storm pond is located in the no� afthe project area. The deveiopment can aiso be cansidered "irifill" because the surro� developed as single farnily to the north and to the east. The area is "transitianal" adjacent to State I�'ighway 149 and Interstate 49� on two sides and singie fi�mily on sides, The plan also meets the general intent of the Comprehensive Plan in devela density residential in #he Project Area with day care cansidered as an allawable use ti residential ar business zone. PUD Conditional Use Permit In the PUD Ordinance, Sectian 22.3 outlines the standards that a PIJD development 1. The Planning Commission in its review of the praject should decide whether believe the plan is an effective and unified treatment of the development passibi project site. As part ofthat cansideration, the plan should provide for preservati� amenities such as woadtand cover. The propased grading pian shows a tree inventary for the site. Most of the tr removed except for one lazge cottonwood and a few other trees at ths in Men.dota Heights Road and H'ighway 149. The type of development and the r a confined site surrounded by busy streets reduces to a large degree the flex parcel. Hawever, the criticai areas aftree preservation should be reviewed with to see if agen space cansalidation can be better apglied to stands af e�sti particular, trees along the common boundary with the single family area to the ea day care site plan could be adjusted with a different configuration of parking shape to incorpc�rate in more of the trees on that site. 2. The PUD generally has been planned to be in harrnony with the adjacent dev believe the ic� home buildings are a gaod transitianal and supportive land harmonize between the conflicting areas of Interstate H.iighway and adjacent neighborhoods. The past posal with area than can be off �ed by the public road e perimeter : ramps. ast corner ing area is ;,ause it is other two g medium in eiiher a £o11ow. � not they es £ar the of unique are being lection af 7ctians of .ty on this applicant trees. In Also, the 3 building that will le family � Case Number: 94-25 � August I8, 1994 Page 4 The day care center, which borders Mendota Fieights Road, Trunk I�'ighway 149, and the Interstate exit ramp is allowed in residential districts. The building design has a distinct residential style and is proposed to be all brick. This type of development is a good transitional use between the busy highways to the west side of the townhome development. I believe there are still issues with the building location, site layout, and tree preservation. Also, no traffic information was supplied to give comfort to the appropriate location for entrance to the day care center. For instance, the site plan could be made better by including the trash in the building and re-designing the parking lot to include a turn around drop-off to facilitate early morning traffic movements and open up an otherwise dead end parking lot. The landscape plan was quite minimal for the facility considering all the trees that must be removed to build it. 3. There was no information supplied giving evidence of financing for either portion of the proposed project. 4. The density, which controls this PUD, is the 10,000 square foot lot minimum in the R 2 district. The net area available for the calculation of density is 339,978 square feet for the proposed 36 townhome units. This amount of land calculates out to be an average lot size of 9,444 square feet. This represents a reduction in the R 21ot size of 6%. Thirty four units of townhomes would meet the minimum lot requirements of the R 2 zoning. This 6% reduction, viewed as one additional building on the site, would not be readily perceived by the general public once the project was built. What would be perceived is the extent to which the perimeter of the site has been bermed and landscaped. The proposed berming and landscaping can be significantly improved along the Interstate RO.W. by including of a portion of that RO.W. for an enhanced height of berm. Also the proposed plant sizes are less than what is required in the City ordinance. With larger berms and with additional plant material placed around the perimeter to replace the trees that have been removed, the 6% reduction in lot size would be an appropriate balance within the proposed PUD. The City may grant variances from the impervious surface and lot size requirements according to the objectives of the PUD ordinance in Section 22.3. Because of the unique nature of the proposed development, such as the ramblers with low building profiles there may be a rational for that variance. This trade off should be reviewed by the Planning Commission to be found consistent with the general intent and purpose of the ordinance. Also, the Planning Commission should find that the development would create an urban environment that would be equal to or superior to one governed by strict adherence to the ordinance provisions. � Because of the large pond proposed on the site, the sma11 increase in the impervious surface runoff will be handled in the pond and the water quality will be maintained. The increase intensity would not create a threat to the safety, health, and general welfare of the adjacent properties if the increase preservation of existing trees and additional bernung and landscaping are provided for. � Case Number: 94-25 August 18, 1994 j Page 5 Prelirninary Development Plan Review The submitted documents appear to be a carnplete set of the required information follawing items: 1. 2. 3. Economic Feasibility Report and Market A.nalysis, specifically for the day Requested traffic inforrnation, specifically for the day care facility. Available financing for the overall development. 4. Detailed Development Schedule showing stages, locations af constniction, development including the day care and ths n?vin homes. A general statement the nanative that it was expected to take 18 to 24 months, which is very gener to the requested informatian in the PUD ordinance. Based on the submitted plans and the preliminary review by the Engineering Departmen that the storm water ponds are approximateiy the right size; however, £urther analysis dane. IJtilities shown on the utility ptan appear to be adequa�e with some minor necessazy as recommended by the Engineering Department. The road system provides a with two exists and a cul-de-sac, which the Engineering Department has faund to be adE Engineering Department esti�nates that all aithe availabte land far panding may be needei enough space for the design af the required I�fU.[tP pond. for the facility. �ci rate af �s made in campared it appears ✓eds to be �op access �uate. The to provide The public utility pian sbaws a. Iaap water main system with storm water being direct d into the e�isting storm water system. Sanitary sewers are being provided for the development shown on the plan and street lights are Iocated along the interior public road for night time safety. � The grading pIan shaws a berm of varying height atong the Interstate highway. Although appear to produce a six faat high berm, much ofthe berm is only a couple af feet high. Tr highway RO.W. atso has abaut thirly feet of flat area. that could be used to auginent a c berm of greater height. This wouid be important to rninimize noise fram trucks and < using the Interstate ramp system. Also, the grading plan could incorporate a berm alo� Heights Raad. The grading appears to alter most af the land along the east side a£ the project. This grading removes trees in that area which ws believe shauld be maintained if at all pos. grading for the day care{site could be improved also to preserve trees. The landscape plan shows a large planting of evergreen material along Mendota I3eigh� cornbination with a berm. Ths berm however, is not expressed on the grading plan. La� along the Tnterstate ramps and adjacent ta the single family to the east is fauly minimat. suggest much rnore extensive landscaping along these edges. Overail, the proposed n smaller that what is required by ordinance. In order to create a natural laoking planting, �me areas [nterstate nbination ;omobiles Mendota e�rtensive bls, The � Road in �dscaping I would �ateriat is rt is often _. Case Number: 94-25 August 18, 1994 Page 6 times desirable to actually mix the size of the plantings to give a more natural appearance. I would suggest allowing some plants to be undersized with other oversized plants mixed in with the general planting. The landscaping for the day care is quite minimal and should be increased to compensate for the large amount of trees being removed from the site. The architecture design of the townhomes and the day care were submitted with complimentary and similar roof lines. The day care is proposed to be built of brick, with the townhomes using a variety of low maintenance materials. This has not been shown on the actual elevations, such as where the brick is to be used, and needs to be clarified for the townhome designs. The site plan for the day care center should be revised to accommodate a tum around and drop off area adjacent to the front entrance to facilitate traffic movement for visitors. The dead-end parking design is not conducive to high turn over during the peak morning hours of day care activity; Also, the building shape could be adjusted to accommodate more of the existing trees which could be worked into a redesigned playground area. Also, the fencing details were not provided with the fence being proposed adjacent to the properiy line with no softening landscaping to break up the extensive amount of fencing that has been proposed. The trash container is located outside and should be included in the building as with other development in the City. The traffic concerns and market analysis cannot be addressed since inadequate information was supplied. Action Review proposed PUD and rezoning and make a recommendation to the City Council. Conditions Request plan revisions and additional information as needed. � � ,"l.�ii, . `—_�_. -� `l� _--`"`G� ±az � *� +�" " � OOOGE �-� NATURE t" � . • — - �, i _ �"�: '::::.: , _ � . . . . . � ti ` ' _ � t•'si=-.r_.::_.. t; ` ..� � '� v..r„,..„... . � ✓ " � _ _..�.. =- � �'� � � . .. . . .,. . � • ��� �_ - - 1 � _ _ � ��� • _ --- :: .'. • . • �� _ - - • � � - . . . • -- ,.�_ - • � s • • N , • .�'.:.. � -.' �' � _ �• �' - c � • � • � _ • � � E' ' • • � ' � _ i . - , �% ' ` • • ` _ ' . .` • .�' �.� ,/ '�y"". �.+' �/' . _ _ � ..�* 1 � ' •• r' *� �- . Pat�X .'�. .. �'','.� . r ( - _ '. � ,. .• :'�• : •- . ' - - � >' ' • r'-� _ .. � _ / • ST�At[5 !'O�rCR a i i a` + ~• , M �{ _" ' I � , / ftN•fT�T10N • � b � M • - ' • !� �lidlM AM i r� pWER C4. fiSEYEIti . "' � — • � t � A � � � � L � • � � S � � -. . _ .. � � � r � r• �atitivw'af�r. ..i2 �lilll�{ �i • � ' . ''�L� • • � . •' � ! - _ N Y . MARSH .. .� � • � • • • • � � . . � A • " _ ,�,; • • • • ' � f� -PARK ' .� • • • icst � • � • - - � '� • • , `` � `_ • _ • • \ � ` + • � i y � .t T• • � i • � • • +- • i • , � •• � • � • • ,� ; • � + • • � • • I � � � • if � � • � � ' - � • '�r � � • � � � - :F � _ . . L ___ . . ,;y • � • . • j'��'`*y"';-,-- - �- , . � — - ' • :• • • .• • • �• • • +'�• � • �'� { � � • • �, „i e � .1�r— ; , . ... •. • , s • � • : ` ,..�--'� ��-_.r�. - ..,.. .,,.... .. —. • •i •. *. .� • •,. � . - �l � _ . _ �J . � " : _- - - - � ": ' ' ' •;..• • . :' ', •� . • '�`. _�=�� �4 �- - . . - � ~fi. , . . , „ • . . f' / .r ' • • • • • s • � • • s • • • • • � • • • � 1 � • • • � • � • . > _. pllr .,F� . � - � � ��'• � • � • � � � � • • � 9�Y � r • • ..�t� t }M�' �J%"C"' ♦• • • s a s � • • � • s s , j • • •. �)* � � • • �. • • • "7 ?.4' / �+� f • - • ! s � • � • • �� • � I / Q ( � 1e1 \ '•�. • s •� � � • ♦ • • • � • • • • • • � � • s `� • � s t . x ' u � n v �j—'''� � *�' � • • •i ` .�',_� r' ^ + . '- ' • • • • � • • • % " i + f• • 6 f � 1 ,! _ _ �� � • � • , . • • ♦ • � � � • • •'� • Q • • �~ 7�; Q r �, 'r" � � i • • •. • . i �,c�l'� ' / • i-- ` . . • • • + . � _ . • , • • � • s a • ' . • . • � . . � . • . . . � • ._ . • � ' �� ��� �' ``!! •' _ W .i� . �,�---�' ._ - � �•, _ . . . � � � ! • � : . ' _ - - • ,P`r +,r` • \ ! . . m . � � � � / ! • ^�t ' • t f,,.h,,�+s .� • • � • • ` � • A t �f�'Y � • • • I ' r� T• � � � W / � • • � ( i • • i � � � • � _ / ~~ t � /%� / .' � '/ ' ' � ` � ` • " � AP . � • � � � • ='�ir � _J • • � `• • • • .' � \ � �— � ,, ,,, . � r , -- . � - - �, :, " � � � , � � 1 � t � �" � � Ep . • • • + / � /I AV �NVI . • WE1.L • S. � • � • - o • /i f :�%f • � � � r - -► i �+t � � � � • � • i 1 ` • ^C � � i • • • � ��ti s'�Tw � �+ ; �'� . � • � • � n�eca,wcHra�cao�r �,, 1 h. f _ - .�,�}' � �� • � E � . _ � . • � . OF 77fE YWMi'IOM � �r�.�w+�l�scxc�oci � .\ '�- U} � • y • ��,,,��: 1 � _ * i • ` � `J-. , i �,`•� h i � `r, � �s • f - :�r • � _ • • � � • � � � _�� * � '`�� ,�. �, � N � • ,� r � vE � •+� �= _ �OA � � � • � � � y � � ` � � IARK + �' � r • � ` . • ` " SIJBJECT PROPERTY.��' ' � � � �; • • . . , , � . ;�,_ _ � .�J � O aiusii .:.. �' • :• :�.f ;�.�. ;..i '.Si.1 ...i�.� .:. � ." • .. ' � ' Nt�RTH � — i'' � . � ��' ' � j �l $ . � t _ :::•:•::•:•:•:: ••:: e SCALE 1 "=8U0' --�,� \�� i � r � I•._..�'����;.e •��� 1'R'' j��' i=\'� ��'D r J y ' ' ___ \\ \\ "�::�::;:�� . (�= '} �/ �� d 1 _ � 1 '} � ►ARK _'_ �uva��srs� �.i-� � �--'t,� "�,�.�"�... � � � � � •_ � � � _ � � ��� ���� � �.� • � � � �_~ti � � . •. . . . �:�\ . . . ' • ' a�. .%'/'i'.�".'+' . � ,' ' ... =r � •.�.' . . . - �:�~ -�,: . .. . . . . . . . _��'. .. 's,����!"�,'% �- � ., _ . . • - � - , . . . .��. . .. _ , . . .:� » �;— . � . �� ; u r r- — — �� � r.i �� �� S �, l ' / � ' � � `�� ��� r.�"i r . l i . -- =-- �� .� �� � � � t _. _ — _- l.� ;- � _ _ = � �� -_ — . t_ - C ity o� .�.�..• 1Viendota Heights Applicant Name: Address: �3� � Owner Name: � Address: APPLICATION FOR CONSIDERATION � OF PLANNING REQUEST (I-ast) �r & Street) G/;�?� (I-ast) (Number & Street) c� rro. q �—o�' Date of A plication - Z-9 Fee Paid�s O.C�U S �V1_ vu• �o��' �D.��" (State) (Zip) (Mn (State) (Zip) �"�1� � i� �..., ' s�t �on of ��� � ��on: _/17��0 .v� /�t 6 .tfr3 �'.� -� �� �2lS � . Legal Description of Properiy: � S�� �v�JV s Type of Request: _�._ Rezoning — �C�. C70 . Condidonal Use Permit . � Conditional Use Pernait for P.0 D.- �fibD. Plan Approval . Comprehensive Plan Amendment Variance Subdivision Appr�val Wedands Permit Other (attach explana6on) —E�C,i�p(�J -' � t �C%C� Applicable Ciry Ordinance Number Section Preseni Zoning. of Propert� Present Use - Proposed Zoning of Properiy : Proposed Use I hereby declarc that ati statements made ia this materia� a�e t�e. r - (Received by - Tide) ' 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � CITY Oia MENDOTA HEIGHTS NOTIC� OF HEARING August 3, 1994 TO WHOM IT MAY CONCERN: NOT=CE is hereby given that the Planning Commission of Heights will meet at 8:45 o'clock P.M., or as soon as thereafter, on Tuesday, August 23, 1994, in the City Hall Chambers, 1101 Victoria Curve, Mendota Heights, Minnef consider an application from Mr. John Mathern, of Mendot for a Rezoning �nd Conditional Use Permit for Planr. Development to allow the construction of 36 residential to and a da.ycare center on the following described property: Mendota ossible Council �ta, to Homes, :d Unit nhouses All that part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 28 North, Range 23 Weat, which lies Easterly of the centerline of Dodd Road, except and reserving therefrom the East 220 feet of the South G60 feet and also excepting the following described tract: � Commencing at the intersection of the North line Southeast Quarter of the Southeast Quarter of said Se with the centerline of Dodd Road; thence East 14 rods South 6 rods; thence West to the centerline of said Do thence North along said centerline of Dodd Road to t: of beginning. Also, f said :ion 35 thence i Road; � place The West 460 feet of the North feet of the Southwest ' uarter of the Southwest Quarter of Section 36, Township 28 North, Range 23 West. ' More particularly, this property is located at the so�theast corner of Dodd Road and Mendota•Heights Road. This notice is pursuant to�City of Mendota Heights Orainance No. 401. Such persons as desire to be heard with reference to the proposed Rezoning and Conditional Use Permit for Planned Unit Development will be heard at this meeting. I Kathleen M. Swanson City Clerk Auxiliary aids for disabled persoas are available upoa at least 120 hours ia advaace. If a'aotice of less � hours is received, the City of Meadota 8eights will ma: attempt to provide the aidse however, this may not be � oa short notice. Please contact City Administratioa 1850 with requests. • a 120 every sible 452- � DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS OF MENDOTA MEADOWS WITNESSETH: This Declaration is made in the County of Ramsey, State of Minnesota, day of September, 1994, by Mendota Homes, Inc., hereinafter referred to as pursuant to the provisions of Minnesota Statutes Chapter 515B known as Th Common Interest Ownership Act, hereinafter referred to as the "Act", for the creating Mendota Meadows, a Planned Community. WHEREAS, the Declarant is the Owner of real property in County of Minnesota, legally described as: Lots 1 through 36, Block 1, Mendota Meadows, hereinafter referred to "Property". �n this "Declarant", ; Minnesota purpose of , State of the WHEREAS, the Declarant desires to establish on the property a plan fo"r permanent residential community to be owned, occupied, and operated for the use, health�, safety and welfare of its resident Owners and Occupants, and for the purpose of preservi �g the value, constructural quality, and the original architectural and esthetic character, the pr�perty, and WHEREAS, the Property is not subject to an ordinance referred to in Se tion 5156.1- 106 of the Act, governing conversions to common interest ownership, and is not subject to a master associations defined by the Act. WHEREAS, it is the intention of the Declarant to construct 36 townhou NOW, THEREFORE, the Declarant hereby declares that all of the prop� above shall be subject to this Declaration of Covenants, Conditions and Restric below and the terms and conditions of said Declaration shall run with the real be binding on all parties having any right, title or interest in the above descrit or any part thereof, their heirs, successors, and assigns and shall inure to the b Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Mendota Meadows Association. Section 2. "Propertv" shall mean and refer to all the real property subi Declaration, including the Buildings and all other structures and improvements loc now or in the future. The Property as of the date of this Declaration is legally Exhibit A attached hereto. � 1 units. y described ns set forth roperty and i properties efit of each meowners �itted to this �ted thereon �escribed in Sectian 3. "Board" shall mean the Baard af D�rectars af the Assaciatian in the By-Laws. Sectian 4. "Bv-Laws" shall mean the By-Laws governing the Assaciation as amended from time to #ime. Section 5. "L�ot" shall mean and refer to any Lot shown upon any rec survey of the praperiies with the exception of common area ar public area, and any buiidings located on a Lat. Sectian 6. ""Owner" shall mean and refer to the record owner, whether persons ar entities, of the fee simple title to any lot, but excluding thase having rnerely as security for the performance af an obligation within the meaning of Set 103(29) af the Act. In the event there is an outstanding contract for deed for 1 af a Lot °awner" shal} refer to the person, whether one or mare, or entities contract purchasers in said contract for deed and not the holder of fee simple t exists mare than ane outstanding cantract for deed for the purchase af a Lot "� mean and refer ta that person or entity who appears as purchaser in the last cant entered inta. "Owner" shall aiso include any person haiding a life estate in any Section 7. "Declarant" shall mean and refer to Mendota Homes, successors and assigns if such successars or assigns shauld acquire m undeveloped lot from the Declarant for the purpose of development. ''.....• • •'! on of the ed plat of all include ne or more �ch interest on 515B.1- � purchase ha are the e. If there wner" shail �ct for deed , and its than ane Sectian 8. "Declaration" shall mean and refer to the Declaration of �Covenants, Conditions, Restrictions and Easements applicable to the properties recorded in �he office af the office of the County Recorder, Dakota Caunty, Minnesota. Section 9. "Member" shaii mean and refer to thase persans entitled to as pravided in the Declaration and Articles. Section 10. "Buildinq" shall mean and refer to a part of a building consi�ting of one or mare floars designed and intended for occupancy as a singie family residence and lacated within the boundaries of a Lot. The Building includes any garage attached� thereto or otherwise included within the baundaries of the Lot in which the Building is loca#gd. � Section 11. "Elipible Martqaqee" shall mean and refer to any perso ` owning a mortgage on any lat which martgage is first in priarity upon foreclosure to all athe mortgages that encumber such unit, and which has requested the Association, in writing, to notify it regarding any prapased actians which requires appraval by a specified percen age af the Eligible Mortgagees. � Section 12. "Occupants" shall mean and refer to any person ar perso an Owner in possession af or residing on a Lot, Section 13. "Plat" shall mean and refer to the recorded plat depicting pursuant ta the requirements af Sectian 515A.2-1 i 0{d) af the Act, and : requirements of Minnesota Statutes Chapter 505, 508 or 508A, as applicable, amended or supplem�ntal Plat recorded from time to time in accordance with t Section 14. "Rulss and Requlations" shall mean and refer to the Regulations of the Association as approved from time to time pursuant to Article 2 ather than � Property s#ying the luding any Act. Rulss and XII hereof. Any terms used in the governing documents, and defined in the Act Article shall have the meaning set forth in the Act. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION ADDITIONS THERETO Section 1. Property. The real property which is and shall be held, tr; canveyed and occupied subject to this Declaratian is located in the Gity of M� County of Dakota, and State of Minnesota, and is more particularly described See Attached Exhibit "A". ARTICLE lii MEMBERSHIP AND VOTING RIGHTS IN THE Assaciatian Section 1. Membership. Each Ouvner af a �ot which is subject to the Association shall be a member of the Association. Membership shali be and may not be separated from Ownership of such I�ot, and shall be tran: conveyance of the Owners interest in the Lat. nat in this ferred, sold, sta Heights, fo(lows: ment by enant to with the Sectian 2. Votinq Riqhts. Each Owner shall have one vote for eac ' l.ot owned. When more than ane person owns any Lot, all such persons shall be members.�lf more than one person owns a Lot, the vote for such Lot shall be exercised pursuant to a�rvr�tten proxy signed by all persons owning an interest in said Lot assigning the vote for said Lot to one persan, which praxy shal! be effective until it is revoked by a writing #iled with t e Secretary of the Associatian. In no event shali mare than one vate be cast with respect o any E.ot. Section 3. The Association shaii have twa classes af vating Class A. Class A members shall be all Owners, with the exc ' ption of the Declarant, and shall be entitled to one vote for each Lot owned. When more tha� one person halds an interest in any Lot, al! such persons sha11 be members. The vote #or s ch Lat sha!! be exercised as they determine, but in no event shaii more than one vote be cas with respect ta any Lot. Class B. The Class B member shall be the Declarant and sh U be entitled ta three {3} votes far each i.ot awrned. The Class B membership shall case and e converted to Class A membership on the happening of either of the fallowing events, whic ever occurs earlier: ��� (b) when the tatal votes outstanding in the Class A the tatai votes outstanding in the Class B me on December 31, 1997. 3 hip equal or C� j - ..l`��ll Section 1. Cammon Area. This property has no common commonly defin�d as "Common Area". which are Section 2. Services. The Association may obtain and pay for the se ' ices of any person or entity to manage its affairs, or any part thereof, ta the extent it deem� advisable, as well as such ather personnei as the ASS4CI�t14t1 shall determine to be n�cessary or desireable for praper operation whether such personnel are furnished or employed directly by the Association ar by any person or entity with wham or which it cant acts. The Association may abtain and pay for legai and accaunting services necessary or esireable in connection with the operation of the properties or the enforcement of this Decla ation. The Associatian may arrange trash caliection, snow removal, and other camman services to Owners, and to maintain exteriors, yard areas and driveways. Section 3. Personal Propertv for Common Use. The Association may hold far the beneficial use and enjoyment af all af the Owners, tangible and intang property, and may dispose of the same by sale or otherwise, ARTICLE V. COVENANTS F4R ANNUAL ASSESSMENTS AND SPECIAL. ASSESSMENTS Section 1. Creation of the Lien and Personal Obliqatian of Assessrr Declarant, for each Lot owned by it within the praperties, hereby covenants, and + af any Lot subject to this Deciaration by acceptance af a deed therefore, whetr shall be so expressed in any such deed or ather conveyance, shall be and hereb� to covenant and agrees to pay the Association: {a} annual assessments or c special assessments, and (c) insurance assessments, such assessments to be fi established and collected from time to time as hereina#ter pravtded. The ann� insurance assessments, together with fees, charges, late charges, fines, interest the Association pursuant to Section 515B3-1Q2{a) {10} �11} and t12) af the A caltection thereof and reasonable attorney's fees, shai( be a charge on each such L be a continuing lien on each such Lot against which such assessment is made. assessment, tagether with interest therean, casts of callectian thereaf and reasanabl fees, shall be a personal obligatian of the person or legal entity who was the Ow such Lat at the time uvhen the assessment became due. The personal ok delinquent assessments shall not pass to such Owner's successar in title to the which such assessment was made uniess expressly assumed by such successor. of the Declaration constitutes record natice and perfection of any lien under this no further recordation of any notice of or claim far the lien is required, �uire and personal :nts. Th� ach Owner :r ar nat it is deemed �arges, �b} :ed, levied, �I, special, nposed by t, costs of �t and shail Each such � attorney's er of each igatian for .ot against Recording �rticle, and Section 2. Purpose of Ass�ssments. The assessments for Commo Expenses levied by the Association shall be used exciusively for the purposes of promoting t e pleasure, health, safety and welfare of the residents of the properties and, in particular, far the maintenance of the praperty, services and facilities devated �o this purpase and re�ated to the use and enjoyment of the improvements erected upon each Lot. An adequate r serve fund � shall be maintained for maintenance, repairs and replacement af the elements af which must be maintained, repaired ar replaced by the Association on a F including, withaut limitation, roafs, exteriar wall surfaces and driveways. Ssction 3. Basis of Annual Assessments. Annual assessments shall the basis of number af Lots assuming one L.ot per Lot. Sectian 4. M�imum Annual Assessments. Untii August 1, 1995, th annual assessment shall be Nine Hundred and No/100ths ($900.00) Dollars per Lo after August 1, 1995, the m�imum annual assessment may be increased each greater of six percent (6°/a) or the percentage increase during the previaus 12 n {as measured from the date on which the Board of Direc#ors fixes such annual pursuant to Sectian 8 hereof) in the Consumer Price Index. "All Urban Cansumer: for the MinneapolislSt. Paul metropolitan area by the U.S. Department af Comme of Labor Statistics {"CPI") or such other index as may be published in the f� Federal Government as replacement for the CPI, pravided, however, that suc annual assessment may be increased above the amount of any such increase ar a vote of inembers holding two-thirds (2/3) of the votes in each class of voting who are voting in person, by proxy, or by mai[ at a meeting duly called for that p� Board of Directars may fix the annual assessment a# any amount not in ex rnaximum. Notwithstanding anything to the contrary in this Article V, i# a Comm assessment has been levied, any Lot owned by Declarant far initial saie shall be the rate of 25% af the assessment levied on other Lots of the same type until a� accupancy has been issued with respect to such Lot by the municipality in whic lacated. This reduced assessment shall apply to each Lot owned by Declarant at 1 the Lat is created, and shall continue until the issuance of the certificate af ac previously described. There are no assurances that this alternative assessment I have na effect on the level af services for items set forth in the Association's bu Section 5. Specia! Assessments. ln addition to the annual assessmer abave and insurance authorized belaw, the Assaciatian may levy, in any asse: special assessments applicable to that year only for the purpose of defraying, in part, the cost af maintaining the properties which are ta be maintained by the provided, however, that any such assessment shall have the assent by a vote holding two-thirds �213} af the votes of voting membership who are voting in pers ar by mait at a meeting duly calted for this purpase. Section 6. Insurance Assessments. in additian to the annual asses special assessments authorized above and special exteriar maintenance assessmer below there shall be an assessment for the purpose of praviding a reserve fra premiums far thase insurance policies required by Article IX of this Declaratian st Said assessment far each Owner shall be set by the Association first dete insurance premium necessary ta provide for the full insurable replacement cost to each Owner's Lat and living unit. The assessment shall then be set by the A: a rate which will create a reserve equal to 1.5 times said insurance premium. Section 7. Notice and Quorum Requirements for Any Actian Autt �ection 4 and 5. Written notice of any meeting called for the purpose of taki autharized under Section 4 ar 5 of ihis Article V shall be sent to all members fifteen (15) days nor more than thirry (30) days in advance af the meeting, exc' of the meeting. At any such mee#ing called, the presence of inembers, of p maiied ballats of inembers entitled to cast sixty percent (60°l0) of all of the votes 5 properties dic basis, levied on m�imum From and �ar by the �th period ", published rce, Bureau ture by the i maximum the CPI by nembership rpose. The ;ess af the m Expense �ssessed at ;ertificate of 7 the �ot is he time that cupancy as �roaram will autharized nent year, rhole ar in ssociation; ' members G, by praxy ments and autharized n which all all be paid. mining the attributable 5ociation at zed Under any action �t less than ing the day ies, and of each class of inembership shall constitute a quorum. If the required quarum is nat pr� meeting may be called subject to the same notice requirements and the requi the subsequent meeting shall be ane-haif �112} of the required quorum af meeting. Section 8. Uniform Rate. Annual assessments, insurance assessments assessments must be fixed at a uniform rate for ali Lots and shall be collected c basis. Any assessment or partian thereof benefiting fewer than all of the L assessed exclusively against the Lots benefited, on the basis af (i) equality, (ii) sq of the area being maintained, repaired or replaced, or {iii} the actual casi incurred to each Lot, If Common Expense liabilities are reallocated for any purpose authc Act, Common Expense assessments and any instalfinent thereof nat yet d recalculated in accordance with the reallocated Common Expense liabilities. Sectian 9. Commencement of Assessments. The assessments shall commence upon the execution of this Declaration. Sectinn 1 q. Duties of Board of Directors. At least thirty (30) days in adv annual assessment period, the Association's Baard of Directars shal4 #ix the a annual assessment against each Lot, establish due dates for such assessme� written notice of such annual assessments and dus dates thereof to every 0 thereto. At this time, the Board af Directors shall also prepare a raster af the assessmen#s applicable thereto, which shall be kept in the office af the Associai be open to inspection by all Owners. The annual assessment period shall commf 1 st and run to May 31 st of the next succeeding year. it, another quorum at preceding and speciai � a monthly �ts may be are footage vith respect ized by the e shall be for herein �e of each unt of #he and send er subject >ts and all and shall e on June The Board of Directors shall also fix the due date af any special asses`sment to be levisd against each Lot in any assessment year. The Board shal! send written notice of such special assessments and the due dates thereof ta every Owner subject thereto within thirty (30) days after the Owners have approved such special assessment pursuant to ection 5 of this Article V. � The Associatian shail, upan demand and for a reasonable charge, furnish� a certi#icate signed by an officer of the Association setting forth whether the assessments o a specified l.ot have been paid, A properly executed certificate of the Association as to t�e status of assessments on a Lot is binding upon the Association as of the date of issuanc,e. Sectian 11. Effect of Non-Pavment af Assessment. If the assessments are not paid on the date when due, then such assessments shall become delinquent and s all, together with interest therean, all reasonable attarney's fees incurred, and costs at callectian thereaf hereinafter provided, become a continuing lien on the Lot. Said lien on the �Lot may be enforced and #oreclosed by action at law in the same manner as a mortgage. If the assessment is not paid within thirty (30� days after the due date, the�assessment shali bear interest at the highest rate permitted by the Minnesota Law for mo gages on a single family Residential property in force on the due date of the assessment f am th� due date, and the Assaciatian may bring an action at iaw or a suit in equity agains� the Qwner personally abligated to pay the same, ar may foreclose the lien against the Lot pursuant to Minnesota Statutes Chapiers 580 and 581. There shal} also be added to the am un# of such assessment the cost of preparing and filing the complaint in such action, and in t e event that judgment is abtained, such judgment shall include interest an the assessme � t as abave provided, and reasonable attorney's fees to be fixed by the Court, together with; other costs C� � of the action. Fees, charges, iate charges, fines and interest may be assessed in Section 5156.3-116(a) of the Act. No Owner may waive or otherwise avoid liability far the assessments herein by abandanment of his or her �ot. Sectian 12. Subordination of �ien to First Mortqaqes. The lien of the � pravided for herein shall be suborclinate to the iien Field by any First Martga hereafter placed upan a Lot subject to assessments; provided, however subardination shall apply only ta the assessments which have become dus and E to the sale or transfer af a Lot and the expiration of the period of redemption frorr foreciosure sale ar conveyance by deed in lieu of foreciosure. The purchaser at � sale of a first mortgage shall, upon expiration of the period of redemption, hol� Lot free and clear of any existing lien for such assessments unless such purchasE assumes such assessments. Such sale or transf�r shall not release a Lat from th assessments which thereafter become due. f ! •�i for ssessments �ee naw or that such ayabie prior a mortgage foreclasure title to the specifically � lien of any Section 13. Judqment. Assessments levied under Sectian 5158.3-116 of the Act to pay a judgment against the Assaciation may be levied aniy against the Lots ex�sting at the time the judgment was entered, in proportion to their Comman Expense liabiiities. ARTiCLE VI. EASEMENTS Section 1. Generai. in addition to the easements, covenants, re conditions of Arkicle VIII cancerning exterior contrals, all Lats and Lots shall easements and covenants hereinafter specifically described for the benefit of adjoining Lots, all as more fuiiy set forth hereinafter in this Articie. The easerr in this Article shall supplement and not limit any easements described else Declaration or recarded, and shall include reasanable access to the easement the Lots in the Common Areas for purpose of maintenance, repair, repl reconstruction. .tions and subject to specifisd y set fortn �re in this �s through ment and Section 2. Owners' Riqht ta Sutaport. Each Qwner shall have the rig t ta lateraf suppart for his ar her Lot and such right shall be appurtenant ta and pass with the title to each �ot. � Section 3. Deleqation of Use. Any Owner may delegate, in accordance ith the By- �aws and Associatian Rules and Regulation his ar her right af enjoymen# of the Go mon Area and facilities to the members of his or her family, his/her tenants, ar contract purc asers who reside an the Lat. Section 4. Utilities. The property shall be subject to a non-exclusive, easement for all utiiities, water and sewer, and similar services, which exist from ti as constructed or referred to in the Plat, or as otherwise descrbed in this Declar� ather duly recorded instrument. Each Lat and ihe rights of the Owners and Occup� shall be subject to a nan-exclusive easement in favor af the other Lots for all su� including without limitation any sewer or water lines servicing ather Lots. Each Lc be subject to an exclusive easement in fa�or af the Association and all utility praviding services to the Lots for the installation and maintenance of utility metsri 7 me to time, �tion or any nts thereaf, ;h services, t shall also campanies �q devices. Sectian 5. Easement for overhanqs and porches. As part af the arigint of a living unit the Deciarant in#ends to construct parches, fireplaces and ath which may encroach upan the Gommon Area. The Owners of any �ot to whic a{aarch, fireplace or o#her overhang which encraaches on the comrnon area sh; an exclusive easement over and across the comman area to maintain the encro easement shall also be granted for any encroachment resuiting from any n alterations allowed pursuant to Article V((( hereof, repair, settlement or maven any porch, firepiace or ather averhang which encroaches shaii be limited saieiy and Occupant of the Lot to which it is attached. ARTIGLE Vll. PARTY WALLS Section 1. Generai Ruies af Law to App(v. Each waii which is built ' original construction of the buildings upan the properties and piaced upon the between the Lots, shali constitute a party waii anci to the sxtent not inconsis provssions of this Art�cle, the general rules of law regarding party wa!!s and � praperty damage due to negligence or willful acts or omissions shal! apply ther canstruction r overhangs is attached I be granted �hment. An ;onstruction, �nt, Use af > the Qwner s park af the div#ding line :en# with the if li�bility for Section 2. Sharinq of Repair and Maintenance. The cost of reasonab`ie repair and maintenance of a party wail shail be shared by the Owners who make use �of the all in proportion to such use. - _ Section 3. C?estructian bv Fire or other Gasualty. !# a party wall is destroyed or damaged by #ire ar ather casualty, any Owner who has used #he wall may res are it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration, after all available insurance proceeds have been exhausted, thereof in prapor�ion to such use without prejudice, however, to the right of any such Qwners to cai far a larger cantributian from the others under any rule of law regarding iiability far negligent �ar wiilfui acts or omissions. ( Section 4. WeatherQroofinq. Notwithstanding any other pravisions of th s Article, any Owner who, by his/her negligent or willfu! act, causes the party wall to be ex osed to the elements sha!! bear the whole cost of furnishing the necessary protection gainst such elements. Section 5. Riqhts to Coniribution Runs with the Land. The right of contribute from any other Owner under this Ar�icle shail be appurtenant to the pass ta such 4wner's successors in titEe. Section 6, Encroachments. !f, for whatever reason, a wall intended wall is not precisely constructed on the dividing line between finro Lots, during building containing such wall, the l.ot upon which such party wall encroaches sh to an easement far the life of such buiiding which shall be in favor of and appu other Lat, to the end that for ai1 purposes of this Deciaration, such wall shail be ii were centered precisely upan the cammon Lot line. Section 7. Arbitration. In the event af any dispute arising concerning under the provisions of this Article, and if the dispute is not resolved within 3( event causing ths dispute, each party shall choose one arbitrator and such arl choose one additional arbitrator and, the decision of a majority of all of the arl � Owner to and shail � be a party ie life of the II be subjeci enant to the treated as if a party wa!!, days of the �itrators shall aitrators shatl be final and conclusive on the question involved. The arbitration shall be conducted under the Rules of the American Arbitration Association, and the arbitration shall be borne equally by such parties. ARTICLE VIII. ARCHITECTURAL AND EXTERIOR CONTROLS Section 1. Architectural Control and Committee Authority. Except fo� by the Declarant in consideration of its initial sale no exterior additions, removals (including changes in color or exterior additions, removals or alterations (includir color or appearance) to any Lot, additional fences, shrubbery, hedges, wall material topographical or landscaping changes, and other structures, temporary c shalf be commenced, erected or maintained, until the plans and specifications nature, kind, shape, height, materials, location and approximate costs of same sh s�bmitted to and approved in writing as to harmony of the external design ar relation to surrounding buildings erected upon the properties by an archite committee composed of the Board of Directors of the Association or three representatives appointed by the Board of Directors. In the event said Board, or i committee, fails to approve or disapprove such design and location within sixty (E said plans and specifications have been submitted to it, such approval shall b have been given. If no application has been made to the architectural control its_ representatives, or if such application has been rejected, a suit to enjoin or additions, alterations, or changes may be commenced unless reasonable visiblE improvements have been completed for a period of six (6) months and no written violation of this Section has been given to the Owner of the altered Lot by eith of Directors, the Architectural Control Committee or another Owner, such improve been deemed to have been approved by the Architectural Control Committee. the Architectural Control Committee shail not be entitled to any compensation fc performed pursuant to this paragraph, but compensation may be allowed to� professional advisars retained by the Architectural Contro! Committee to advise sa on plan specifications submitted to the Architectural Control Committee. � Section 2. Maintenance and Repairs. In order to preserve the uni standards of appearance of the properties, the Association shall provide ; responsible for the maintenance and repair of the exterior, and the walks, y� driveways .of the Lots, which responsibility shall include, but not be limited to, maintenance and repair of the e�erior surfaces of all buildings on the proper but not without limitation, the painting of the same as often as necessary, the r trim and caulking, the maintenance and repair of roofs, gutters, downspouts � that were part of the original construction, (but excluding all maintenance and and other window surfaces and screens, window frames, patios, entry doors, c and air conditioning equipment), mowing, trimming, watering and other care of gr other plans, the maintenance and repair of walks, driveway aprons, driveways � including snow removai from driveways, walkways, and garbage and trash r Association shall have the right to draw water from exterior hose taps of bu purpose of watering and care of grass, trees and other plans, provided, reasonable reimbursement to Owners shall be made pursuant to rules and regul� by the Association. The Association shall also provide maintenance and rep� lines outside the boundary lines of a building constructed on a Lot which sen one Lot, to the extent the same is not furnished by the applicable utility comp; � binding and costs of the those made or alterations � changes in �, walkways, r permanent, showing the �II have been d location in ;tural control (3) or more s designated 0) days after 1 deemed to ;ommittee or �emove such unapproved notice of the �r the Board nents having Members of r the service independent d Committee rm and high id be so(ely � areas, and he following: ;s, including, placement of d overhangs �pair to glass or hardware, ss, trees and id walkways, moval. The iings for the �wever, that ions adopted • to all utility s more than AI! main#enance and repair of individua! building constructed on a Lot sh� obliga#ion, responsibility and expense of the individua! Owners thereof, except that exterior maintenance and repair or maintenance of water and sewer sys#ei Lats is provided by the Assaciation as approved by a majority af votes cast in proxy at a meeting ca(led for such purposes. in the event that any maintenanc any part of the properties is necessitated by wiliful ar negligent acts af any C famiiy, guests, or inv9tees, the cost of ail such maintenance, repairs, attorneys fe af enforcement, shali be added ta and become part at the assessments to whi such Owner is subject. The Association shall be responsible for all damage dor and the improvements thereon in #he course of such maintenance and repa perform or pay for the restoration of and repairs to such improvements. In Associatian sha(I have the right to enter the �wner's Lot and to restore am Building ar Lot to its prior condition if any aiteratians were made in vialatian of thi the costs of said restaratian shall be a personal obligatian of the Owner and a 1ie Owner's Lat. ARTICLE IX. INSURANCE Sectian 1. Required Caverape. The Assoc9ation shali obtain and � - _ minimum, a mas#er policy or palicies of insurance in accordance v+rith 1 requirements set forth in the Act and the additiona! reguirements set farth her� a reputable insurance company or companies authorized to do business in Minnesota, as follows: a. Property insurance in broad form covering all risks of physical loss equai to one hundred percent (100°I�) of the insurabie "repiacemer Praperty, less deductibies, exciusive of land, footings, excavation ar normally excluded from coverage {bu# including all building servit and machinery). The paficy or palicies shall cover personal prope the Association. The policy or policies shall also contain "Inflatioi "Agreed Amount" endorsements, if reasonably available. Such poli sha(( include such additional endorsements, caverages and limits to the foregoing and oiher hazards as may be required from time t reguiatians of ihe FHA or Federal Nationai Martgage Assacia#ian a precanditian to their insuring, purchasing or financing a mortga The Board may also, on behalf of the Assaciation, enter into bi agreements with a mortgagee, insurer or servicer, including withaut FHA of FNMA, obligating the Association ta keep certain specifi� or endorsements in effect. b. Comprehensive pubiic liabiiity insurance covering the use, o maintenance af the Cammon Areas, with minimum limits pf $1 accurrence, against claims for death, badily injury and properiy siach ather risks as are custamarify cavered by such palicies for pi in cans#ruction, location and use ta the Property. The policy st "'severability of interest" endorsement which shall preclude the denying the claim of an Owner or Occupant because of negfiger Association or other Owners or Occupants. The palicy shall additiana( endorsements, coverages and limits with respect to suc 10 I bs the sale o the extent �s within the �erson or by ar repair to vner, hislher ;s and costs h #he i.ot of � to the Lots �s and shall �ddition, the part of the ; Article, and E against #he �intain, at a : insurance �, issued by �e State of i an amount cost" of the ' other items � equipment y owned by Guard" and y or policies vith respect t'tme by the 'FNMA"} as e on a Lot. �ing written mitation #he I coverages :ration and OO,OQO per image, and ects similar II contain a �surer from acts of the clude such hazards as may be required by the regulatians af the FHA or FNMA as a their insuring, purchasing or financing a mortgage on a Lot. c. Fidelity bond ar insurance coverage against dishanest acts on � directors, officers, manager, trustees, employees ar persons res handling funds beEortging to or administered by the Association if df advisable by the Board ar required by the regulations of the FHA i a preconditian ta the purchase ar financing af a mortgage on a�ot. bond or insurance shall name the Association as the namecf insure if required by the regulations of the FHA or FNMA as a precond'i insuring, purchasing or financing af a martgage on a Lat, be �n amaunt equal to the greater of (i) the estimated maximum of Assoc including reserves, in the custody of the Associatian or managem� any given time while the bond is in force, or (ii) a sum equal to tt aggregate assessments on all �ots plus reserves. An appropriate f to the policy to caver any persons wha serve withaut compensat added if the poiicy would nat otherwise cover volunteers, ar a waive based upon the exciusion of persons serving without compensati added. � � f. Workers' Compensation insurance as required by law. Directors and officers liability insurance with such reasonable coverages as the Board sha!! determine from time #o time. Such other insurance as the Board may determine from time to the best interests of the Assaciatian and the Owners. Seciion 2. , Premiums; Improvements; Deductibles. All insurance premi assessed and paid pursuant to Section 6 of Article V of this Declaration. The ins not cover improvements and betterments to #he Lots installed by C7wners, but if ir and betterments are covered, any increased cost may be assessed against the L The Assaciatian may, in the case of a claim for damage to a Lot, (i) pay th amount as a Common Expense, (ii) assess the deductibie amount against the ] in any reasonable manner, or (iii) require the Owners of the Lots affected to pay tP amount directly. ' Sect'san 3. �oss Pavee; Insurance Trustee. AI! insurance caverage ma the Association shall be written in the name af, and the proceeds thereaf shalt be the Assaciatian {a�- a qualified insurance trustee selected by it) as trustee for the b� Owners and secured parties, including Eiigible Mortgagees, which suffer lass. The a or any insurance trustee selected by it, shall have exclusive authority to negotiate coliect upon any claims ar lpsses under any insurance poiicy maintained by the � n to the part of �onsible for emed ta be �r FNMA as The fide{ity � and shaii, kion to their ritten in an ation funds, >nt agent at ree months ndarsement an shail be � of defense an shail be � limits and e to be in shall be ce need s affected. deductible :s affected deductible n#ained by aayable to, nefit af the ssoeiation, settle and Section 4. Waivers of Subroqation. All policies of insurance shall cont�in waivers of subrogation by the 'insurer against the Association, or an Owner, members of tt�e Owner's household, officers or directors, as applicabie, and, if available, waivers af any defense based on co-insurance or of invalidity from any acts of the insured. i . Section 5. Cancellation; Notice of Loss. Ail po(icies of property insu camprehensive liability insurance maintained by the Association shall provide that t shail not be cancelled or substantially madified, for any reason, without at least 30 �ance and ie policies days prior written notice to the Association, to the FHA or FNMA (if applicable), all of the nsureds and � all Eligible Mortgagees. S�ction 6. Restaration of Lieu of Cash Settiement. Aii policies of prope insurance maintained by the Assaciation shaii prov�de that, despiie any provisions giving th� insurer the right to elect ta restare damage in lieu of a cash settlement, such aption shal! not be exercisabEe {i} withaut the prior written approval o# the Association (or any lnsura ce Trustee) or (ii) when in conflict with provisions of any insurance trust agreement t� which the Association may be a party, or any requirement of law. Section 7. No Contribution. All poiicies of insurance maintained by th� Associatian shall be the primary insurance where there is other insurance in the name a the Owner cavering the same praperty, and may nat be braught into contribution with a y insurance purchased by 4wners or #heir Eiigibie Martgagees. Section 8. fffect of Acts Not Within Association's Control. All policies �of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditianed upan (i) any act or omission of an Owner or Eligibfe Mortgagee, uniess acting within the scope of authority on behaif af the Association, or (ii} any faiiure of the� Assaciation ta comply with any warranty ar candition regard'mg any portion of the Praperty over which the Association has no contral. � Section 9. Owner's Personal Insurance, Each Owner may obtain addii insurance caverage at his ar her own expense covering fire and other casua personal property or persanal liability. All insurance policies maintained by the provide that they are without contribution as against ihe insurance purct Association. ARTIC�,E X. USE RESTRlCTIONS � Section 1. Was#e. No damage to, or waste of, the properties or #I situated thereon, shall be cammitted by any Owner ar any invitees of any Owns 4wner agrees to indemnify and hold harmiess the Association and other Owne against all lass resulting from any such damage ar waste caused by himlher or hi; No naxious, destructive or offensive activity shall be allawed on any Lot, nar shall done thereon which may be or may become an annoyancs or a nuisance to any + or person at any time lawfully residing in the properkiss. � Section 2. Restriction. All Owners and Occupants, and ail secured p acceptance or assertion of an interes# in the property, or by their occupancy of a and agree that, in addition ta any other restrictions which may be imposed by governing documents, the occupancy, use, aperatian, alienatian and COCIVE praperty shall be subject to the foiiawing restrictions contained in this Article. shall be owned, conveyed, encumbered, leased, used and occupisd subject ta documents and the Act, as amended from time to time. All covenants, re obligations set forth in governing documents are in furtherance of a plan for the shall run with the property and be a burden and benefit to a(I the Owners and t fa any other person acquiring or owning an interest in the property, their h representatives, successors and assigns. m ial personal to the Lat, wners shall ed by the buildings and each fram and er invitee. �y#hing be er Owner es, by their �t, covenant � Act or the �ce of the 7e property ; governing ictions and operty, and upants and a, persanal Section 3. Anirnals. (7wners shall be permitted to keep dogs, c hausehold pets subject to the conditions and res#rictions contained in the By-La� any written rules or regulatians established by the Assaciation. However, na s be kept, bred or maintained for any commercial purpases. No animals othe described in this Section are allowed under the written rules and regulations of th shaii be raised, bred or kept in or upon any Lot or an any part thereaf. The � shall be construed in its broadest sense and shail include all living creatures ex� Section 4. Sipns. No signs of any kind sha!! be displayed to the p residential Lot except one sign advertising the property for sale, the desigi placement of which shall be governed by rules pramulgated by the Board of Dir Associatian; in no event shall the size of the sign exceed five �5) square feet. signs shall not be dispiayed for a period exceeding ninety (90} days, unless the rules ailow far a longer period. Section 5. Storaqe. The Association shall have the right to � regulations regarding long-term outside storage of any vehicle on any of the Section 6. Parkinq. Garages and parking areas on the property sh� for parking of vehicles owned or leased by Owners and �ccupants anci their guf other incidental uses as may be authorized in writing by the Association. The u: driveways anc! a#her parfcing areas on the property, and the types of vehicles prope�ty permitted #hereon, shall be subject to a regulation by the Associa withaut limitatian the righ# of the Association ta tow illegally parked vehicles unautharized personal praperty. Section 7. Residential On(v. The Lots shail be used by f3wners and t their guests exciusiveiy as private, singie famiiy residentiaf dweliings, nat far tr commercial, business or other non-residentia! purposes except as provided here of a�ot (except for occupancy by guests with the cansent af the 4wner} for a #han seven days ar any occupancy which IIIGIUC��S SBlVIC�S, customarily furn guests, shall be presumed to be for transient purposes. No business, trade, profession of any kind, will be carried on for profit or otherwise, shall be conductE or permitted in any Lot or the common area; except (i) an Owner or Occupant Lot may keep and maintain his ar her business or professionai records on handle matters relating to such business by telephone or correspondence therel that such uses are ineidentai to the residentiai use, do not invaive physieal al1 Lot and do not invaive any observable business activity such as signs, adverti bulk mailings, deliveries, or visitatian or use of the Lot by customers or empl� the Association may maintain o#ices on the Property for management and rela :s ar ather ; as well as ;h pet shali than those Associatian �rd "animai" pt humans. nuc on any , size, and ctors of the „Far Sale"' Associatian rules and be used on :s, and such af garages, nd persana! n, including • to remove �upants and �sieni, hatel, . Any lease ;riod of less �ed to hotel :cupation or , maintained ;siding on a ich I�ot and m, provided ation af the �g displays, ees and �ii) d purposes. Sectian 8. Subdivision. Except as permitted by the Rct, no Lat nor an"y part af the common area may be subdivided or partitioned wiihout the prior written approval Qf ail Owners and all secured parties halding first mortgages on the Lats. j Section 9. Leasinq. Leasing af Lots shalE be allowed, subject tc regulation by the Assaciation, and subject to the foilowing conditions, (i) that no leased #or transient or hote! purposes (il) that no Lot shall be subleased, (iii) tr shall be in writing, and �iv) that aU leases shall provide that they are subordinate ta the provisions of the governing documents, the rules and regulations of the � any faiture of the lessee to comply with the terms of such documents shall be a � the lease. The Assaciaiion may impose such reasonabie rules and reguia#ion; 13 reasonable Lot sha41 be at all leases and subject lct, and that iefault under as may be necessary ta implement procedures in releasing of Lots, consistent with this initial term of said lease or rental agreement sha(1 not be for less than six (6) Section 10. Time Shares Prohibited. The iime share form of ownef; comparable iarm of lease, accupancy rights or ownership which has the effect of ownership or occupancy of a Lot into separate time periods, is prohibited. Section 11. Quiet Enioyment; lnterference Prohibited. All Owners and ( their guests shall have a right of quiet enjoym�nt in their respective Lots, and Property in such a manner as wiil nat cause a nuisance, nor unduly restrict, in impede the use of the Property by other 4wners and 4ccupants and their gu� Section 12. Compliance with �.aw. No use sha{I be made of the P would vialate any then existing municipal codes or ordinances, or state or fed shal! any act or use be permittsd which could cause waste to the Property, ca� increase in insurance rates an the Property, or otherwise cause any unusual 1 or safety risk, or expense, far the Association or any Owner or Occupant. ARTiCLE X!. • i ' • Each Owner agrees that neither he nor she nor anyone authorized to � her will refuse to sell or rent, after the making of a bona fide offer, or refuse to the sale of or rentai of, or otherwise make avaiiabie or deny, any of the prope him or her in the properties to any person because of race, colar, religion, se origin. Any restrictive cavenant affecting the property cavered by this Declarati race, calor, religian, sex or national origin which is incar�sistent with th'ss Article as being illegal and void and is specificaliy disclaimed. ARTICLE XII GENERAL PR�VISIONS Section 1. Compliance and Remedies. Each Owner anct 4ccupant, Person owning ar acquiring any interest in the Praperty, shall be governed by ar the pravisions af the Act, the Governing Documents, the Rules and Regulations, of #he Association, and such amendments thereto as may be made from tim failure to comply shal! entitle the Association to the relief set forth in this Secti� to the rights and remedies authorized elsewhere by the Governing Documents 1.1 Entitlement to Relief. The Association may commence legal ac sums due, far damages, for injunctive reiief or ta farec(ose a Iien ovrrned combination thereof, ar an action for any o#her relief authorized by the Govern ar available at law ar in equity. �egal relief may be sought by the Associati Qwner, or by an 4wner against ihe Association or ano#her Owner, to enforce c the Governing Documents, the Rules and Regulations, the Act or the de Association. However, no Owner may withhold any assessments payable to tl or take (or omit) other action in vioiatian of the Gaverning Documents, '� Regulations or ihe Act, as a measure ta enforce such tJwner's pasition, or reason. � 14 n. The s. ar any ina the �nts and use the witn ar ;rty which laws, nor a material ity, heaith for him or ;gotiate for owned by or national relating ta recogniz�d d any other comply with ie decisions ta time. A , in addition �d the Ac#. i'an to recover }�y i#, ar any �ig Documents � against any mpliance with �isions of the e Assaciatian, �e Rulss and for any other 1.2, Sanctians and Remedies. ln addition to any ather remedies o� sanctions, expressed or implied, administra#ive or legal, the Association shall have the right, but nat the obliga#ion, to implemen# any one ar more of the following actions against � wners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: ' �� � Commence legal action for damages or equitabie rel9ef in any caurt jurisdictian. Impose late charges of up #0 15% of each late payment af an instalimen# #hereof. competent essment or c. In the event of defau(t of mare than 30 days in the payment of any�assessment ar installment ihereof, ai1 remaining installments af assessmen s assessed against the �at awned by the defauiting (Jwner may be acceierated and shall then be payabis in fuli if a!k delinquent assessments, together witY� al! costs of callectian and late charges, are not paid in ful! prior to the effective date of the acceleration. Reasanable advance written notice of the effective! date of the acceleration shaU be given to the defaulting Owner. j � e. Impose reasonable fines, penafties or charges far each vialatian Governing Documents or the Rules and Regulations of the Ass Enter any Lat in which, or as ta which, a vialation or breach flf t Documents exists which materially affects, ar is likely to materiall� near #u#ure, the health or safety of the other Owners or Occup guests, or the safety or soundness of any Dwelling or other part o or the property af the Owners or Occupants, and to summari remove, at the expense of the affending Owner ar C�ccupant, any s ar canditian in the i.ot ar Limiied Comman Rreas which is causing pravEded, that any impravements which are a part o€ a Lot may demalished onfy pursuant to a caurt order or with the agreement + f. Foreclose any lien arising under the pravisions of the Governing under law, in the manner provided for the foreclasure of mortg ar under a power of sale in the state where the Property is ioc; 1.3 Ri�hts to Hearinq. !n the case of imposition of any of the remedi by this Article anc! ArticEe V, Vlf! and XV af this Declaration, the Baard shall, reques# of the offsnder, grant to the offender a fair and equitable hearing as co� the Act, the offender shall be given notice of the nature o# the violation and hearing, and at least 10 days within which to request a hearing. The he� scheduled by the Board and held within thirty days of receipt af the hearing rE Board, and with at least 10 days prior written notice to the offender. If the off faiis to appear at the hearing then the right to a hearing shali be waived and t� take such actian as it deems apprapria#e. The decisian af the Board and th conduct af hearings established by #he Baard shail be final and binding on a!# Board's decision shall be delivered in writing to the offender within ten days hearing, if not delivered to the offender at the hearing. 15 the Act, the �e Governing affect in the tnts, or their 'the Property � abate and �ucture, thing the vialatian; �e altered or f the Owner. uments or by action �s autharized upon written itemplated by :he right to a ring shall be �quest by the �nding Owner e Board may rules for the parties. The following the 1.4 Lien for CharqesL Penalties, Etc. Any assessments, charges, fin or interest impased under this Section shai! be a lien against #he Lot of tt� Occupant against wham the same are impased and the personal obiigation of s� the same manner and with the same priority and effect as assessmenis under Ai fien shail attach as af the date of impasition of the remedy, but shall not bE violations for which a hearing is held until the Baard gives written natice foilawing AI! remediss shall be cumulative, and the exercise of, or faiiure ta exercise, any not be deemed a waiver of the righ# to pursus any o#hers. 1.5 Cost� of Proceedina and Attornevs Fees. With respect to � measures, or any measures or action, legal, adminis#rative, or otherwise, which th takes ta enforce the provisions af the Act, Governing Dacuments or Rulss and whether or not finally determined by a court ar arbitrator, the Rssaciatian ma violator and his or her Lot with any expenses incurred in connection with such including without limitatian fines or charges previously imposed by the Associatia attorneys' fees, and interest {at the highest rate allawed by law) on the delinqE owed to the Assaciation; 1.6 Liabilitv for Owners' and acccanants' Acts. Any Owner shalf be expense of any maintenance, repair or repiacement of the Property rendered such 4wner"s acts ar omissians, or by that of Occupants or guests in #he O� the extent ihat such �xpense is not cavered by the praceeds af insurance c Association or such Owner ar Occupant. Hawever, any insurance deductible 2 increase in insurance rates, resulting from the Owner's acts or omissions may against the �wner responsible for the canditian and against his or her Lot. �, penalties Owner or h 4wner in �ie V. The final as to 3e hearing. medy shail � cailection Association lEgulations, assess the reasonable �t amounts !e for the �ssary by �'s Lot, to :d by the mt and/ar assessed 1.7 Enforcement bv Owners. The provisions of #his Article shali nat i mit or impair the independent rights af ather Owners to snforce the provisions of the Governin � Documents, the Ruies and Reguiations, and the Act as provided therein. Section 2. Access. Solely for the purpase of performing the maintenance authorized by ihis Deciaration, the Association, or its duiy authorized agents or emplayees, s�hal{ have the right, after reasanable notice to the Owner, to enter upon any Lot and 'mto any b�ilding lacated on a Lot for the purpose af performing the maintenance required or perrriitted by this Declaration. Section 3. Severabilitv. The invalida#ion of any one of these ovenants or restrictions by legislatian, judgment or Caurt Order shall in no way affect any a her provision which shall remain in full force and effect. � Section 4. Amendments. This Declaration may be amended by the Owners of l.ots to which are ailocat�d at least 67°!0 of the vates in the Assa� percentage o# eligible mortgagees (based upon one vote per first mortgage av by Article XVI as the matters prescribed by said Rrticle (iii) the consent of th� certain Amendments as provided in Articie XfiV. Cansent of the Owners may '� writing or at a meeting of the Association duly held in accordance with the By-La of eligible mortgagees and Declarants shall be in writing, Any amendment st to any greater requ"rrements imposed by the Act. The amendment shall be + recorded as provided in the Act. An affidavit by the Secretary of the Associ� outcame af the vate, ar the execution of the faregoing agreements ar con� adequate ev'rdence thereof for all purpases, including withou# iimitation, #he r� amendment. 16 onsent of {�) �tion, (ii) the ed) required Declarant to � obtained in s. Consents II be subjec# ective when �n as ta the nts shall be �rding of the Sec#ion 5. Construction. Where applicable the masculine gender of an�! word used herein shall mean the feminine or neutral gender, or vice versa, and the singular �f any word used herein shal( mean the plura(, or vice versa. References to the Act, or any art�cle thereaf, shail be deemed to include any statutes amending or replacing the Act, and the camparabfe articfes thereaf. � Section 6. Tender of Glaims. In the event that any incident occurs �rvhich could reasonably give rise to a demand �y the Associatian against Declarant for indemnification pursuan# to the Act, the Association shall promptly tender the defense of the ac#ion to its lnsurance carrier, and give Declarant written notice of such tender, the specific n"ature of the action and an opportunity to defend against ihe actian. � Section 7. Notices, Uniess specifically provided otherwise in th Documents or the Act, al! notices required ta be given by or to the Association, Directors, the Association officers ar the Owners or Occupants shall be in writing effective upon hand delivery, or mailing if properly addressed with postage deposited in the United States�mail; except that registrations pursuant to Sectic By-l.aws shall be effective upon receipt by the Association. Sectian 8. �perational Purposes. The Assaciation sha#1 aperate and Praperiy for the purpases of {i) administering and en#orcing the covenants, easements, chargea and fiens set forth in the Governing Documents and th� Regulatians (ii} maintaining, repairing and replacing those partions of the Prope it is responsible and (iii) preserving the value and architectural uniformity and ch� Property. Governing �e Board of nd shall be repaid and 2.2 of the manage the res#rictions, Rules and ty for which racter of the Section 9. Bindinq Effect of Actions. All agreements and determina#i ns made by the Association in accardance with the pawers and voting rights established by #`�e Governing Dacuments ar the Act shall be binding upon all Owners and C7ccupants, and t�e9r lessees, guests, heirs, personai representatives, successars and assigns, and all secur d parties as de#ined �n the Act. Section 10. B-v Laws. The Association sha(1 have By-L.aws. The By- amendments thereto shall govern the operation and administratian of the Asso Section 11. Manaqement. The Board may delegate ta the manager agent the management duties imposed upon the Assaciation's officers and dir Goveming Dacuments and the Act; pravided, however, that such delegation sh the officers and directors of #he ultimate responsibility for the performance of t' prescribed by the Governing Documents and by law. Section 12. Rutes and Requlatians. The Board shail have exclusi� approve and impiement such reasonable Rules and Reguiations as it deems r time to time for the purpase of operating and administering the affairs of the A regulating the use af the Property; provided that the Ruies and Regulatian: incansistent with the Gaverning Dacuments ar #he Act. The inclusion in oth� Governing Docurnents of authority to approve Rules and Regulatians snall be in furkherance, and not in limitation, af the authority granted by this Section. Ne Rules and Regulations shall be effective anly aft�r reasonable notice thereof h to the Owners. � aws and any iation. ar managing :ctors by the �I! not relieve eir duties as authority to �essary from �ocia#ion and sha!! not be parts af the �emed to be or amended � been given Section 13. Association Asse#s; Surplus Funds. All funds and real br personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surpius funds remaining after payment af or provisian for Cammon Expenses and reserves shail be credited against #uture assessments or added to reserves, as determined by the Board. ' Section i4. Conflicts Amanq Documents. !n the event of any conflic provisions af the Act, the Declaration, the By-Laws or any Rules or Regulatians the Association, the Act sha!! control. As among the Declaration, By-Laws ar Regulations, the Declaration shall control, and as between the By-Laws and 1 Regulations, the By-Laws sha(I controi. ARTICLE Xlii. � � � ! * � i � � r � • w w Section 1. Procedure. If all or any portion of the properties except the extent provided for in Article VII of this Declaration, is damaged, or des#r by the power of eminent domain, or by deed in lieu thereaf, the foliowing app A. If less than half of the Lots are destroyed the restoration or re perfarmed and compiy with the requirements of Sectian 4 of Artit Declaration and must be made to harmonize, as much as pass remaining Lo#s and shall be completed within 180 days from damage. However, if at least seventy-five percent (75%) of the r seventy-five percent (75%) of the firs# Mortgagees, based upon each first mortgage held, give their prior written appraval within th af the date� of the damage, ihe restoration ar recanstruction may '. without need to camply wi#h #he requirements of Article Vlll of thi: ar Sectian 4 of Articie Xlll ot this Declaratian. B. !n the svent more #han one-half of the buildings are destroyed, t� in lieu of taking, provisions shall be made for restoration or recoi 180 days from the date of damage unless within 60 days ofi the � at ieast seventy-five percent (75°fo) of the members and seve (75°10} af the first Martgagees, based upan one vate far each firsi give their priar written appraval of a decisian not to rebuild ar i Section 2. Non-Restoration. !n the event tha# it is decided not to the Board of Directors shall file for record with the County Recorder a notice decision. Upon filing the Natice: A. This Deciaration shail be considered terminated and the prapei of all covenants, canditions and restrictians cantained in this D as pravided far in Clause E hereof. B. The prapertiss, except for the �ots and Lots, and all funds which has callected pursuant to Article V af this Declaration hereinafte "Funds", shall be deemed to be owned in common by the Ow� an equal and undivided interest. � among the �praved by Rules and ; Rules nd Wt���� l� or taficen �air shall be e X!!! of this �le, with the the date of �embers and me vote far ty (30} days e performed Declaration, n, or deeded �uction within e of damage -fiive percent �rtgage held, �re or rebuild, ng forth such shail be free �atian except �e Association referred to as �rs, each with C. Any lien affecting any Lot sha!! be deemed to be transferred with the same priority ta the undivided interest in the Properties, except the Lots and lats, and funds attributable to such Lots as provided for in this Deciaration. � D. The properties, (except the Lats} and funds shail be subject to c partitian a# the suit of any haider af an in#erest therein. {n whi funds; net proceeds, if any, from the sale of the properkies (exce insurance proceeds, damage or settlement proceeds, if any, receivec to the properties, (except Lots) shall be considered one fund. Sa be used first to satisfy all liens on the properties (except Lpts), with of the fund to be divided in equal shares among the Lots far the ber who hold an interest in a Lot and distributed ta those who hald therein, after there has been deducted from the share of s< assessment, levied under Article V of this Declaration against said due and owing as af the date of the distribution. For the pur� paragraph the term "funds" shaA refer to the balance in all bank a� by the Association. E. (n the event a majority of the members, whose Lots have nat � destroyed ar cauld be restored pursuant to Sactian 4 of this Arti Mortgagees, based upon one vote for each mortgage held, v� rnartgages on the l.ots entitlec! to vote under this paragraph, gi - _ written approval within ninety {9Q) days of the date o# damage, thc continue to be subject to the covenants, conditions and restri� Declaration. The undivided share of the properties (except Lot: proceeds set out in Article IV of this Declaration. However, befo and proceeds are redeposited, ail liens, including ail annual, speci ""' and speciai exterior maintenance, and assessments which have b� against each Lot which is subject ta this paragraph, which have a funds and proceeds belonging to all 4wners of L.ots subject to tt are not enaugh to pay the outstanding {iens which have a claim and proceeds, a specia! assessment shall be levied pursuant to Se Article V against each Lot which is subject to the provisions of th The Association shalt apen a new bank account which wiil redeposited funds and proceeds remaining after aii iiens ha�re b� those assessments which became due and payable an ar after the of the natice of nan-restoration shall set out the legal descriptic belonging to those members who elect to remain subject to th canditions and restrictions of this Declaration, � Section 3. If the insurance proceeds, damages or settlement proceeds � to defray the estimated or actual cost of resioration or recanstruction of a spec shall be made against all Lots in sufficient amounts to pay the estimated actu� resioration and recanstructian. Article V Section 5 and 8 shall not appiy assessment levied under this Articie X111. Any special assessment shall be appc amang all Lots. Sectian 4. Lots. !n the event o# damage, destruction or taking, a Owner does nat suffer a total loss of his/her Lot, that is, the insurer or cc condemnation holds that the Lot can be restored to its originai candition then be reconstructed. The plans far reconstruction of a Lot or units must be appr by the Architecturai Contral Committee set out in Section 1 af Article VIII. Ti �'� actian tor case the Lots�; nat �r damage fund shal( e baiance it af those iy interes# Lat any t which is �e of this >unts held en taken ar e, and First o hold first : their prior e Lats shall lons of this funds, and : said funds , insurance, �n assessed laim to said � paragraph � said funds ion 5 of this paragraph. ontain only ;n paid and fective da#e of all Lots C4Y8(1�C1#S, � not enough assessment cost af such any special Qned equa!!y long as one missioner in aid Lot shall ed in writing size, quaiity of rnaterials, and exterior design shal! be consistent with the remaining Lats. Re4 be completed within 180 days of the date of damage. The Owner and Owner shall, prior to the commencement of construction, secure a bond running in Association guaranteeing that restoration wiii be completed in the time aiio� conform to the approved pians. Hawever, if the taking makes restoration impos; of any residential Lat 1eft after the taking is not large enaugh to permit restarati{ to its ariginai dimensions, then the flwner is nat governed by this Section and m� to restore the Lot. This Section sha14 not apply if #here has been election n pursuant to paragraphs A and B of Sec#ion 1 of Article XIII. Section 5. The Association shall represent the Owners in any praceeding properties, other than a Lot and Lot, and shail have the power to negatiate any agreement invoiving insurance or candemnation proceeds. The Assac9a#ian shall a(i praceeds as trustee far the use and benefit af the Owners and their mortg; interest may appear. The Assaciation may, if the Board of Directors feels it is ne a trustee to hold any prQceeds it may receive and in the event of any r reconstruction, hire an escrow agent to handle the construction disburser Association shall enter into a firm cantract with a qualified contractor far the re recanstruction of all praperties, except Lots and party walls to the extent providec VII of this Deciaration and Sectian 4 of this Article, to substantially the same existed immediateiy priar to the insureds loss or taking; provided, hawever, tha� amaunt shall not exceed the insurance ar condemnation procesds plus adc deposited pursuant to the special assessment set out in Section 3 of this Rrticl+ ARTICLE XIV. SPECIAL DECLARANT R(�HTS �ration shall af said �ot ►vor of the �d and wiil le because � of the Lot decide not to restore �nvolvrng the >ettlement or � old any and .ges as their �essary, hire ;storation or ients. The �toration and for in Article canditian as the cantract itional funds Sectian 1. �eciarant Riqhts. Dec#arant hereby reserves exclusive and unconditiana! authority to exercise the following special decEarant rights within the meani g of Section 5158.1-103 (31 } of the Act far as long as it owns a�ot, or for such shorter peri � d as may be specifically indicated. Section 2. Complete Imqrovements. To camplete ali the improvemen#s indicated on the Plat, or otherwise included in Deciarant's ar allowed by the Declaration, and ta make aiterations in the Lats and accammodate its sales facilities; Section 3. Relocate Boundaries and Alter Lots. To relocate Lots and to otherwise alter Lots owned by it, ta the extent permitted by and other �nent plans �n Area ta ries be#ween XV, Section 4. Sales Facilities. To construct, opera#e and maintain sales office, management office, model Lots and other deveiopmeni, saies and rental faeiii ies within the Common Area and any Lots owned by Deciarant from time to time, located an�here an the Property. Section 5. Si ns. To erect and maintain signs and ather sales displa�'ys offering the Lots for sale or lease, in or on any Lat owned by Declarant and on the Common Area. m Section 7. Control of Association, To control the operation and admini Associatian, inciuding without limitation #he pawer to appoint and remove the mt Board pursuant to Section 5158.3-103 of the Act, until the earlie$t of: (i) voluni a# cantraE by Declarant, {ii} an Assaciation meeting which shall be held within conveyance to Owners other than a Deciarant of 75% of the total number af Lc to be included in the Property or {iii} the date five (5) years following the da conveyance of a Lot to an Qwner other than a Deciarant. Notwithstanding the �. Owners, other than a Declarant, shall have the right to nominate and elect not 113°lo af the directors at a meeting af #he C}wners which shall be held within 60 c the conveyance by Declarant of 50% of the total number of Lots authorized tc in the Property. Sectian 8. Gonsent ta Certain Amendments. As long as Declarant owr Lot, Declarant's written consent shall be required for any amendment to th Documents or Rules and Regulations which directly or indirectly affects oi Dec(arant's rights under the Gaverning Documents. ARTICLE XV. RIGHTS TO RELOGATE !OT BOUNDARfES AND ALTER LC1TS Section 1. Riqhts to Relocate Boundaries and Alter Lots. Existing c may be altered anc3 �ot boundaries may be reiacated aniy fi accordance with conditions: - ration of the nbers af the ry surrender 7 days after � authorized of the first regaing, the �ss than 33 ,ys foilowing be included any unsold Gaverning may affect future Lots e fallowing a. Combininq Lots. An Owner may make improvements or alterations to such Lat ar, may, after acquiring an adjoining Lo#, remove or alter any interv ning partitian or create apertures therein in accordance with Section 515B.2-1 3 of the Act and Subsection d of #his Actian. b. Relocation of Boundaries. The boundaries between adjoining ots may be relacated in accordance with Sectian 5158.2-114 af the Act and Subsection d of this Article. c. Subdivision of Conversion. Na additional Lots may be created by the subdivision o€ conversion of a Lot twithin the meaning of the Act} into finro or mare Lots, nor into other �ots. � d. Reauirements. The alteration, reiocatian of boundaries ar other adification of Lots or the Buildings or other structures located therein (collectiv�ly referred to herein as "alteration" or "alterations") pursuant to this Sectian, Arti le 8, and ihe Act may be accomplished only in accordance with the fallowing � anditions: (1) No Lot may be altered if, thereafter, the Dweiling laca ed therein, ar any other Building affscted by the alteration, would no longer b habitable or practicably usable for i#s intended purpose ar would violate any law, cade ar ordinance of any governmental authority having jurisdiction over `he Property. (2) No alteration may be made which adversely affects funciional integrity of a�y building sysiem ar the struct weathertight integrity of any portian of any building or ather s1 21 structural or support ar ire. (3) The prior written consent of the Association shall be re alteration, excepi aiterations by Declarant, Where required, such be requested in writing by each Owner whose Lot is proposed accampanied by such expianation, drawings and specifications i proposed alteratians as may be reasonably required by the Assc €irst mortgages Qf the �ot. The Association shall give such Own an expeditiaus manner, granting, denying or qualifying its c�nser {4) As a precandition to consenting to alteratians the As: require, among other things, the following:� (i) that all alterations in a workmanlike manner and withaut impairing the structural, r weather-tight integrity of the Building; (ii) that the Common Area Lots wil! be repaired anci/or restared in the future as required by th (iii) ihat the construction of the alterations wiii not create dangere for any Owners and Occupants; �iv) that the Property, the first mc 4wners and Occupants wiil be pratected from liens and other li from the alterations; and (v) that the alterations will be done in co the applicable laws, regulations and ordinances of the governmen having jurisdiction over the F'roperty. .�ired for any onsent shall � be altered, Eating tat he iation or the �(s) notice in ociation may will be done echanical or and attered ; Association as conditions tgagees and �bility arising �pliance with al aui�orities (5) The Associafion may require that the Owners of th"e Lots to be altered pay al! costs af processing and documentation for the request and the preparation and recording af any necessary amendment to the _Governing Dacuments, including without limitation such costs as filing, �rchitects and attomeys fees, incurred by the Associatian in connection with the aiterations. ARTIG�E XVI RIGHTS OF ELlGIBLE MORTGAGEES Section 1. Eliqible Mortqaqees. Notwithstanding anything to the cq� ntrary in the Gavern'sng Documents, and subject ta any greater requirements of the Act dr other laws, Eligible Mortgagees shall have the following rights and pratections. I Section 2. Consent to Certain Amendments. The written conseht of Eligible Mortgagees representing at ieas# fifty-ane percent t51 %} af the Lots that are subjec# #o first mortgages held by Efigibie Mortgagees (based upon one vote per first mortgag � owned} shail be required iar any amendment to th� Governing Documents which causes any change in the following: (i) voting rights; (ii} assessments, assessment iiens, or priority o# ass ssment liens; (iii) reserves for maintenance, repair and replace:nent of Common Property; (iv responsibility for maintenance and repairs; {v} redefinition of any Lot boundaries; {vi} expansion ar contraction of the Property or the addition, annexation or withdrawal of property ta or from the Property; {vii} insurance or fidelity bands; (viii} leasing of Lo#s; (ix} imposition af ny restrictions on an Owner's right to sell or transfer his or her Lot; (x) a decision by the Association to establish self management when professional management is in effect as regu red previously by the Governing Documents or a Eiigibie Mortgagee; (xi} restoration or repair � f the Property (after a hazard damage or partial condemnation) in a manner other than that pecified in the Governing Documents; {xii} any actian ta terminate the legal status af the con ; ominium after substantial destruction or condemnatian occurs; or (xiii) any provisions that ex�ressly benefit Eligible Mortgagees, ar insurers or guaran#ars of mortgages. � 22 Section 3. Consen# to Cerkain Actions. The written consent of Eligibl representing at least sixty-seven percen# {67°l0) of the �ots that are subject ta fi held by Eligible Mortgagees (based upon one vote per first mortgage owned) sh� to {i} abandon or terminate the condaminium; {ii} change the allocatians af Common Expense obligations or interest in the Common Areas; (iii) partition c Lot except as permii#ed by statute; {iv} abar�don, partition, subdivide, encumb Common Area; or (v) use hazard insurance proceeds for ather than the repair ar reconstructian of the Property, except as otherwise pravided by law. Section 4. Consent to Subdivisian. No Lot may be partitioned or s the priar written appraval of the Qwner and Eiigible Mortgagee thereof, and Mortgagees t martgages be required a#ing rights, subdivide a � ar se!! the replacement �ided without Assaciation. Section 5. No Riqht of First Refusai. The right af an Owner to sell, #ransfer or otherwise convey his or her Lot shail not be subjec# to any right af first ref �sal or similar restrictions. Section 6. Prioritv of Lien. Any holder of a first mortgage on a Lot or of a#irst martgage at a foreclosure saie, that comes into passession af a �ot of the first mortgage ar by deed or assignment in lieu of foreclosure, takes the claims #ar unpaid assessments or any ather charges or liens impased against Assaciation which have accrued against such Lot prior to the acquisition of po: Lot by sasd first mortgage holder or purchaser; {i) except as provided in Article and the Act and (ii) except that any unreimbursed assessments or charges may among aA Lots in accordance with their interests in the Common Areas. Section 7. Prioritv of Taxes and Other Charqes. All ta7ces, a charges which may become liens prior ta the first mortgage under s#ate law to the individual Lots and not ta the Property as a whole. S�ction 8. Prioritv for Condemnation Awards. No provision of Documents shall give an Owner, or any other party, priority over any rights Mortgagee ofi the Lat pursuant to its martgage in the case of a distribution ta insurance proceeds or condemnation awards for losses to or a taking of the Common Area. The Associatian shall give uvritten notice to ail Eligible Mar condemnation or eminent domain praceeding affecting th� Property promptly natice from the candemning autharity. iy purchaser � #orecJasure t free of any � Lot by the ;ssion of #he , Section 12 : real(ocated nents and relate only Governing the Eligible h Owner of and/or the iees of any n receipt of Sectian 9. Requirsments Manaqement Aqreements. The term of any agreement for professional management of the Property may not exceed two (2} years. Any s ch agreement must provide at a minimum for termination without penalty or termination fee by either party, (i} with cause upan thirty {3�} days prior written noiice, and {ii� without cause u i on ninety {90j days prior written natice. Section 10. Access to Books and Records/Audit. Eligible Mortgagee: right to examine the boo#cs and records o# the Association upan reasonabl� normal business hours, and to receive free of charge, upon written request Association's annua! reports and other financial sta#ements. . Financial staten those which are audiied, shali be availabie within one hundred twenty {120} c of the Association's fiscal year. If a request is made by FNMA or any institul ar insurer of a martgage loan against a�ot, #or an audit of #he Associ< statements for the preceding year, the Association shall cause an audit to be m a copy to the requesting party. 23 �shall have the no#ice during copies of the ents, including ays o# the end �onal guaran#or itian's financia# �de and deliver 0 Section 11. Notice Requirements. Upan written request to the Association, identifying the name and address of the halder, insurer or guarantor of a martgage on a Lot and the Lot number or address, the holder, insurer or guarantor shall be entitied to timely ritten notice 4f: � ' a. a candemnatian lass or any casuaity loss which affects a mater�ai portion af the Properly or the Lot securing the mortgage; � b. a 60 day d�iinquency in the payment of assessments or charges owned by the Owner of a Lot on which it holds a mortgage. � c. a lapse, cancellation or mat�rial modification of any insurance polioy maintained by the Association; and � d. a proposed action which requires the consen# o# a specified p'ercentage of Eligibie Mortgagees. � IN WITNESS WHEREOF, the undersigned has executed this instrumen� th�s day of Seqtember , 1994, in accordance with #he requirements of the Act. By: its: STATE OF MINNESOTA G4UNTY OF RAMSEY � 0 1994, b JohnrMathern� Presiden of Mendota�Hom�es� n�cr a Minnesota Co �orat September, �on, on behalf of the corporatian. � � This Instrument Was Drafted By: Chad D. Lemmons 1210 W. Gounty Road E Arden HiCls, MN 55112 24 Natary Public MENDOTA MEADOWS HQME4WNERS AS54CIATION BY-LAWS SECTION 1 GENERAL The follawing are the By-Laws of Mendota Meadows Homeowners A Minnesota nonprofit corporation (the "Association"}. T'be Association is organi to Secrion S 15B.3-101 of the Minnesota Carnmon Interest Ownership Act (the " purpose of aperating and managing Mendota Meadows Homeowners Associatio community created pursuant to the Act. The terms used in these By-Laws shall h meaning a� they have in the Deciaratioz� of Mendota Meadaws {the "Declaration"} SECTION 2 MEMBERSHIP 2.1 4wners Defiued. Ail Persons described as Owners in S I7eclaration shall be rnembers of the Association. No Persan shall be a rr virtue af halding a security interest in a Lot, A Person shall cease to be a time as that Persan is no ionger an Owner. 2.2 Re istration of Owners and Occupants. Each 4wner shall regi: Secretary of the Association, in writing, within 3Q days after taking title to a Lot, and address of the Owners and any C3ccupants of the Lot, (ii} the nature af s interest or estate in each Lot owned; (iii) the address at which the Owner desir notice of any meeting of the Owners, if other than the Lot address; {iv} the name of the secured party holding the first mortgage on the Lot, if any; and (v) the 4wner, if there aze multiple Owners of the Lat, wha shall be authorized to cast � respect to the Lat. The Owner shall have a continuing obligatian to advise thf in writing af any changes in the foregaing information. 2.3 Transfers. The iuterests, rights and abligatious of an 4wner in t� may be assigned, pledged, encumbered or transferred, but only along with and titte to the {�wner's Lat or as atherwise specifically authorized by the Governi� or by law. SECTION 3 VOTING �cianan, a E purs�ant t") far the a planned : the same d the Act. 4 of the solely by ;r at such er with the ;i) the narne ch Owner's s to receive and address iame of the �e vote with Association Association part of the Dacuments 3.1 Entitlement. Votes shall be allocated to each Lot as provided in the� Declaration. However, na vote shall be exercised as to a Lot while the Lot is owned by the Association. 3.2 Authoritv to Gast Vote. At any meeting of the Owners, an Owne included on the voting register presented by the Secretary in accordance with Section 4.b, � r the holder of such Owner's proxy, shall be entitled to cast the vote which is allocated to th�e Lot awned by the Owner. If there is more than one Owner of a Lot, only one of the OwneFs may cast the vote. If the Owners of a Lot fail to agree as to who shall case the vote, or fa�l to register pursuant to Section 2.2, the vote shall not be cast. 3.3 Votin� bv Proxv. An Owner may cast the vote which is allo� Owner's Lot and be counted as present at any meeting of the Owners by executi proxy naming another Person entitled to act on that Owner's behalf, and deliveri to the Secretary before the commencement of any such meeting. All proxies g� Owner shall remain in effect until the earliest of the following events: (i) revoc granting Owner by written norice or by personally attending and voting at the which the proxy is effective, (ii) eleven months after the date of the proxy, unle provided in the proxy, or (iii) the time at which the granting Owner is no longe 3.4 Votin� by Mail Ballot. The entire vote on any issue, except directors, may be determined by mailed ballots, subject to the following reqi a. The notice of the vote shall: (i) clearly state the proposed action, the number of responses needed to meet the quorum requirements, I percentage of approvals necessary to approve each matter other tha� directors, and (iv) specify the time by which a ballot must be rec� Association in order to be counted. b. The ballot shall: (i) set forth each proposed action and (ii) opportunity to vote for or against each proposed action. The Board of Directors shall set the time for the return of ballot: not be less than 15 nor more than 30 days after the date of � ballots to the Owners. The Board of Directors shall provide notice of the vote to the Owners within 10 days after the expiration period. d. Approval by written ballot under this Section is valid only if th votes cast by ballot equals or exceeds the quorum required to be meeting authorizing the action, and the number of approvals equa] the number of votes that would be required to approve the matter at which the total number of votes cast was the same as the nurr cast by ballot. 3.5 Vote ReQuired. A majority of the votes cast at any properly cons of the Owners, or cast by mail in accordance with Section 3.4, shall deci properly brought before the Owners, except where a different vote is specifica the Governing Documents or the Act. The term "majority" as used herein excess of 50% o the votes cast at a meeting, in person or by proxy, or voti accordance with the allocation of voting power set forth in the Declaration. Cw shall not be permitted. ated to the �g a written ig the same inted by an �tion by the meeting for �s otherwise an Owner. removal of (ii) indicate iii) state the i election of ;ived by the provide an which shall ,iling of the ►f the results F the voting ; number of present at a � or exceeds it a meeting ber of votes ted meeting all matters required by �11 mean in by mail, in ative voting SECTIQN 4 MEETINGS OF OWNERS 4.1 Place. All meetings of the Owners shall be held at the office of the or at such other place in the State of Minnesota reasonably accessible to the Ow� be designated by the Board of Directors in any notice of a nneeting of the Owne 4.2 Annual Meetin�s. An annual rneeting of the Owners sha11 be held year on a date, and at a reasanable tirne and ptace, designated by the Board af each annual meeting of the Owners, (i) the Persons wha are to constitute Directars sha11 be elected pursuant ta Section 5, {ii} a report shall be made to tl the activities and financial condition of the Association, and (iii) any other m, included in the notice of the annual meeting, and is a proper subject for discussi� by the Owners, shall be cansidered and acted upan at the meeting. 4.3 Special Meetin�s. Special meetings af the Owners may be President as a matter of discretion, Special meetings of the Qwners shall be President ar Secretary within 30 days follawing receipt of the written request af the mernbers of �the Board of Directors or of Owners entitled to cast at le� the votes in the Association. The meeting shall be held within 9d days foltov the request, The request shall state the purpasa of the meeting, and the busii at the speciai rneeting shail be confined to the purpases stated in the notice. for which the rneeting is requested and held must be lawful and consi� Association's pu.rposes and autharity under the Governing Documen#s. as may each fiscal -ectors, At : Boaxd of 4wners on ;r which is or decisian led by the lled by the a majority 25°/fl of all ; receipt of � transacted he purpose t with tb.e 4.4 Notice af Meetin�s. At least 2I, but no mare than 3�, days in adLance af any annual meeting af the Owners, and (subject to Secrion 63 af the Declaration) a� least 7, but na mare than 34, days in advance of any special meeting af the 4wuers, the S cretary shall send, to all persons who are Owners as of the date of sending the norice, noric o the time, place and agenda of the meeting, by United States mail, oz by hand delivery, at the Owner's Lot address or to such other address as the Owner rnay have designated in 'ting to the Secretary. The notice shalt alsa be sent ta the Eligible Martgagee, upan re uest, at the address provided by the Eligible Mortgagee, Any Eligible Mortgagee shall, upo request, be entitied to designate a representative to be present at any meeting. Notice o meetings ta vote upon amendrnents to the Articles of Incorporation shall also be given sepa ately to each officer and direc#or of the Association. 4.5 Quonam/Adiournment. The presence af 4wners in person or b have the authority to cast in excess af fifty percent (SO%) of all the votes int e shall be necessary to constitute a quorum at all meetings of the 4wners for the any business, except that af adjourning the meeting to reconvene at a subseque meeting may be adjaurned from time to tirne, but until no longer than 15 days notice other than announcement at the meeting as initially called. If a quorun the reconvened meeting, any business may be transacted which might have besi the meeting as initially called had a quorum then been present. The quarum been established at a rneeting or a recanvened meeting, shall continue ta exist fo proxy, wha Associatian �ansaction of t time. Any ater, without is present at transacted at having once that rneeting notwithstanding the department of any Owner previously in attendance in person � r by proxy. The Association may no� be counted in determining a quorum as to any Lot o I ed by the Association. 4.6 Votin� Re�ister. The Secretary shall have available at the meeting a list of the Lot numbers, the names of the Owners, the vote attributable to each Lot and the ame of the Person (in the case of multiple Owners) authorized to cast the vote. 4.7 A�enda. The agenda for meetings of the Owners shall be establ'shed by the Board of Directors, consistent with the Governing Documents, and shall be sent t� all Owners along with the notice of the meeting. I SECTION 5 ANNUAL REPORT The Board of Directors shall prepare an annual report on behalf of the A'ssociation to be mailed or delivered to each Owner together with the notice of the annual meeting. The report shall contain at a minimum: I a. A statement of any capital expenditures in excess of two percent f the current budget or $5,000, whichever is greater, approved by the Associ tion for the current year or succeeding two fiscal years. b. A statement of the balance in any reserve or replacement fund and any portion of the fund designated for any specified project by the Board of `Directors. c. d. e. f. A copy of the statement of revenues and expenses for the Assc fiscal year, and a balance sheet as of the end of said fiscal year. A statement of the status of any pending litigation or judgments Association is a party. A statement of the insurance coverage provided by the Associati� A statement of the total past due assessments on all Lots, current a than 60 days prior to the date of the meeting. SECTION 6 BOARD OF DIRECTORS 6.1 Number and Qualification. The affairs of the Association shall 1 a Board of Directors. The first Board of Directors shall consist of the perso� directors in the Articles of Incorporation of the Association or appointed to rE the Declarant, subject to the rights of Owners to elect directors as set forth Upon the expiration of the terms of the members of the first Board of Direc of Directors shall be composed of five (5) directors, a majority of whom shall 's last which the of not more governed by designated s lace them by Section 6.2. rs, the Board e Owners, or a duly authorized representative af Ehe Owner if the Owner is a carporatian, partnership, limited liability company, trust or other entity which has the capacity to hoid 'tle to real estate. 6.2 Term of Office. The terms of office of the members of the Board shalt be as follows: a. Subject to Subsection b, the terms of all directors appointed by authorized by the Declararion shall terrninate upon the earliest of surrender of cantral by Declarant, (ii} an Association meeting w held within 6Q days after conveyance to Owners other than a decl of the total number of Lots autharized to be included in the can carnmunity or (iii) the date five (5) years following the date conveyance of a Lot #o an Gwner other than a declarant. The t+ of any directar elected to the first Board of Directors by Owners c Declarant shall terminate at the sarne time as those appainted by Directors ��arant as voluntary E shali be �t of 75% n interest the first of office r than the b. Notwithstanding the provisians of Subsectian a, the C}wners other th'an Declarant shall have the right to norninate and elect not less than 33 1/3% of�the directors at a meeting of the Qumers held within 60 days foliowing the co�nveyance by Declarant of 50% af the total number of Lots authorized to be included in the cornmon interest community. � c. The fu�st tern� of office of the directors elected by the Owners following the ternv.natian of the terms pravided for in Subsectian a yeazs for three of the directars and three years for two of the di nominee or nominees receiving the greatest nwmbers af votes shall : terms. Each term of office thereafter shall be tow years and shall the election of a successor at a subsequent annual meeting of provided, that a directar shall continue in office until a success� A number af nominees equal to the number af vacaneies, and greatest numbers of votes, shall be elected, natwithstanding that oi them does uot receive a majarity of the votes cast. A d�rector' elected to fill an uncompleted terrn shall serve until the natural t� that #errn, unless removed in accardance with these By-Laws. '� no cumulative voting for directors. irnmediately shall be two ectors. The i2l the longer expire upon khe Owners; r is elected. eeeiving the � or mare a£ 3ppointed or rnunation of ►ere shail be 63 Naminations. Norninations far election to the Board of I7irectors shall be made by a nominating committee appointed by the Board of Directars, ar from th � floor at the annual meeting or by "write-in" if authorized by the Board. 6.4 Powers. The Baard af Directors shall have all powers nece�sary far the administration of the affairs of the Associatian, and may exercise for the t�ssociation all powers and authority vested in or delegated to the Association (and nat expres ly prahibited ar reserved to the owners) by law ar by the Governing Documents. The power of the Board of Directars shall include, withaut lirnitation, the power to: a. adopt, amend and revoke Rutes and Regulations not incansis'tent with the Governing Documents, as follaws: (i) regulating the use af the CQmrnon Areas; � c (ii) regulating the use af the Lots, and the conduct of Owners ancl Occupants, which rnay jeopardize the heaith, safery, ar wetiare of other Civvners and Occupants, which involves naise or other disturbing activity, or which may damage the Camrnon Areas or ather Lats; (iii} regulating ar prohibi ing animals; (iv) regulating changes in the appearance of the Common Areas nd canduct which may damage the Property, (v) regulating the exterior appea�Cance of the Praperty, including, for example, balconies and patias, window tre�trnents, and signs and other displays, regardless af whether inside a Lot; {v�} ' piementing the Governing Documents, and exercising the powers granted by his Section; and {vii} otherwise facilitating the aperation of the Praperty; Adapt and amend budgets far revenues, expenditures and reserves, collect assessments for Comrnon Expenses from Owners; hire and discharge managing agents and other employees, indegendent contractors; levy and and d. institute, defend, or intervene in litigation or administrarive proceedings (i) in its own name on behaif of itself or twa or more C3wners on ma �ers affecting the Cornmon Areas or other matters affecting the Properiy or the Association, or, (ii} with the consent of the Owners of the affected Lots on ma ers affecting only those Lots; e. f. E'� ma.ke contracts and incur liabilities; regulate the use, maintenance, repair, replacement and Gommon Areas and the Lots; cause improvements to be made as a part of the Common of the h. acquire, hold, encumber, and canvey in its owu name any right, tit�e, ar iuterest ta real estate or personal property, subject to the requirements of the Act far the conveyance or encumbrance af the Common Areas; � i. grant public utility easements through, over or under the Common Areas, and, subject to approval by resolution of the Owners other than a de�clarant or its affiliates at a rneeting duly called, grant ather public or private easements, leases and licenses through, aver or under the Common Areas. j. impose and receive any payments, fees, or charges for the u e, rental, or aperatian of the Gommon Areas, other than Limited Comman Areas, and for services provided to Owners; � k. impose charges far late payment of assessments and, after atice and an opportunity to be heard, levy reasonable fines for violations of t e Governing Docnments and the Rules and Regulatians; l. impose reasanable charges for the review, preparation and redordation of amendrnen#s to the Declaration ar By-Laws, resale certificates equired by Section S 15B.4-1 p7 of the Act, statements of unpaid assessments, r furnishing capies of the Assaciatian recards; ' m. n. o. P• pravide for the indemnification of its officers and directors, directors' and officers' liability insurance; pravide for reasonable procedures governing the canduct of election of directors; appoint, regulate and dissalve cammittees; exercise any ather powers conferred by law or the Gaverning D which are necessary and proper far the governance of the Associ maintain and the � 6.5 Meetin�s and Notices. An annual meeting af the Board of Directars shall be held pzamptly following each annual meeting af the Owners. At each anuual � meeting the officers of the Association shall be elected. a. Regutar meetings af the Board of Directors shall be held at least o a quazterly basis, at such times as may be fixed from tirne #o time by a m'arity of the members of the Baard of D'urectors. A schedule, or any amended schedule, of the regular meetings shall be provided to the directors. b. Special rneetings of the Board of Directors shall be held when c President of the Association, or (ii} by the Secretary within following the written request of any two (2) directors. Notice meeting shall be given to each direc#or not less than three {3) c thereof. Notice to a director shall be deemed to be given wh� the iJnited States mail postage prepaid to the Lo# address of s� when personally delivered, orally ar in writing, by a representati� af Directors. ed (i) by the n { 10} days ' any special s in advance deposited in � director, ar of the Board c. Any directar may at any time waive notice of any meeting of �the Board af Directors orally, in writing, or by attendance at the meeting. If al� the directors are present at a meeting af the Board af Directors, no notice shal� be required, and any business rnay be transacted at such meeting. 6.6 4uorum and Votin�. A majarity of the members of the Board of constitute a quarum for the transaction of busiuess at any rneeting thereof, A established, shall continue to exist, regardless of the subsequent departTue of Each director shall have one vote, The vate af a majority of the directors meeting at which a quonun is present shatl be su�cient to adopt any actian. not be permitted. 6.� Action Taken Without a Meetin�. The Board of Directars shall to take any action in the absence of a meeting which it could take at a: autharized in a writing signed by all the directors. �irectors shall �U4111T11, Q11C1' ,ny directors. -esent at any Proxies shall ve the right ;etin� when 6.8 Vacancies. A vacancy in the Board of Directors shall be filied elected within 15 days following the occu.rrence af the vacancy by a rnajority rernaining directors, regardless of their number: except for vacancies created Sections 6.2 and 6.9 of this Section. Each person so elected shall serve out the t 6.9 Removal. A directar may be removed from the Board of Diret withaut cause, by a majority vote at any annual or special meeting of the pwn (i) that the notice of the meeting at which rexnoval is to be considered states , (ii) that the director to be removed has a right ta be heard at the meeting and (i director is elected at ihe meeting by the owners to fill the vacant position c removal. A director rnay also be removed by the Board of Directors if such d more than two unexcused absences fram Baard rneetings andlor t3wners rneetin; twelve month periad or (ii} is more than b0 days past due with respect to asses; director's Lot. Such vacancies shall be filled by the vote of the Owners pravided in this Section. 6.I4 Comt�ensation. Except as autharized by a vote of the Owners thereof, the directors af the Association shall receive no compensatian for thei such capacity. A t�li�G�O�, or other 4wner or Occupant rnay, upon approval by Directors, be re#ained by the Association and reasonably campensated for goods furnished to the Assaciation in an individual capacity. Directors may be reimbi of-pocket expenses incurred in the perforrnance of their duties. 6.11 Fidelity Bond. Fidelity bonds or insurance caverage for unla Association funds sha11 be obtained and maintained as provided in the Dec directors and officers authorized to handle the Assaciation's funds and other rr SECTIUN 7 OFFICERS 7.1 Prin.cipal Officers. The principal officers af the Assaciation shali b a�Tice President, a Secretary and a Treasurer, ali of wham shall be etected by Directars. The Board af Directars may from time to tirne elect such ather designate #heir duties as in their judgrnent may be necessary ta manage the a Association. A person may hald more than one office simultaneously, exc President and Vice President. Qn the President and �ice President rnust be rn� Baard af Directars. 7,2 Election. The aff'icers of the Association shall be elected annually of Directors at its annual meeting and shall hold office at the pleasure of the � 7.3 Removal. IJpan an affinnative vote of a majority of the members any officer rnay be removed, with or without cause, and a successor elected, � meeting af the Board of Directors, or any special meeting of the Board of Direc that purpose. a person te of �e �suant to vacated. rs, with or ; provided, �h purpase, that a new �ed by the �tor (i) has during any �nts on the previously a rneeting S�NlCBS lII e Baard af nd services ed for out- 1 taking af tion on all ,tarv assets. a President, he Board of afficers and Efairs of the �pt those of nbers of the the Board ' the Board, any regular �s called for 7.4 Preside�t. The President shall be the chief executive officer of the and shall preside at all meetings of the Boazd of Directors and the Assaciation. T shall have all of the powers and duties which are customarily vested in the o�ce of a corporation, including without limitation the duty to supervise all other off execute all contracts and similar obligations on behalf of the Associatian, The Pr� have such other duties as may from time to time be prescribed by the Board of 7.5 Vice President. The Vice Fresident shail take the place af and perform the duties of the office whenever the Present shall be absent or u The Vice President shall atso perfarm such other duties as shail from time prescribed by the Baard of Directors. 7.b Secretarv, The Secretary shall be responsibie far recarding the m: meetings of the Board of Directors and the Assaciatian. The Secretary shall be for keeping the books and records of the Association, and shall give all notices the Gaverning Documents ar the Act unless directed otherwise by the Board of D`u Board af Directars may delegate the Secreiary's administrative functions to a man, pravided that such delegation shall not reiieve the Secretary af the ultimate respo the Secretary's du#ies, � 7.7 Treasuxer. The Treasurer shall have responsibility for all financial Association, and shall be covered by a bond or insurance in such surn an companies as the Board of Directors may require. The Treasurer shall be re keeping the Associarion's financial books, assessment rolls and accounts. The t� cause the books of the Assaciatian to be kept in accordance with customary ; accounting practices and shall subrnit thern to the Board of Directors for its exan request. The Treasurer shall cause all rnoneys and other monetary assets of the to be deposited in the name of or to the credit of the Association in depositoriE by the Board of Directars, shali cause the funds of the Association to be disbursf by the Board of Directors and shall per�`orrn all other duties incident to the office T"he Board af Directors may delegate the Treasurer's administrarive functions ta agent; provided that such delegation shall not relieve the Treasuter af responsibitity for the Treasurer's duties. 7.8 Cornnensation. Except as authorized by a vate of the t3wners thereof, afficers of the Associarion shali receive no compensation for their se� capacity. An officer, ar other Uwner or 4ccupant may, upon approval by L?irectars, be retained by the Associatian and reasonably compensated for goad; furnished to the Associatian in an individual capacity. Officers may be reimb� of-pocket expenses incurred in the performance af their duties. SECTIQN 8 OPERATION OF THE PROPERTY ; President F president ers and to ident shall President le ta act. time be 3utes af aIl respansible -equired by �ctors. The ging agent; isibilitv for issets of the with such �onsible for :asurer shall ad accepted narion upon Associatian � designated i as ordered �f Treasurer. a managing ie ultirnate tt a meeting ices in such ie Board of and services sed for out- 8.1 Assessment Procedures. The Board of Directors shall, at least t� (30) days prior to the first day of the Association's fiscal year, prepare a budget of Co � on Expenses far the Assaciatian and assess and levy such Common Expenses against the Lats according to their respective Common Expense Iiability as set forth in the Declaration � The annual budget shall include a general operating reserve, and an adequate reserve fund for 'aintena repair and replacement of. those Common Areas and parts of the Lots that must be ainiai repaired or replaced by the Association on a periodic basis. a. The Board of Directors shall fix the amount of the annual asse� each Lot and advise the Owners in writing of the Assessment at le days prior to the date when the first installment thereof is due. assessments shall be subject to the limitations set forth in Sec Declaration. The failure of the Board of Directors to timely lf assessment shall not relieve the Owners of their obligation to cc assessment installments in the amount currently levied, as well as subsequently levied. .nt against thirty (30) creases in 6 of the an annual ue paying �increases b. If an annual assessment proves to be insufficient, the budget and�assessments thereof or may be amended, or a special assessment levied, by e Board of Directors at any time subject to the limitations set forth in Secti�on 6 of the Declaration. The levy shall be deemed to occur upon the date specified in the resolution which fixes the assessment. I The Association shall fumish copies of each budget on which Expenses and the assessment are based to an Owner or to Mortgagee, upon request of such persons. 8.2 Pavment of Assessments. Annual assessments shall be due an monthly installments in advance an the f�rst day of each month of the year or for which the assessments are made, and special assessments shall be due when c the Board of Directors. All Owners shall be absolutely and unconditionally obl the assessments levied pursuant to the Governing Documents. No Owner or O have any right of withholding, offset or deduction against the Association with r assessments, or related late charges or costs of collection. Any rights or clain an Owner may be pursued only by separate action. 8.3 Default in Payment of Assessments. If any Owner does not mak or before the date when any assessment or installment thereof is due, subject periods as may be established, the Board of Directors may assess, and such o obligated to pay, a late charge as provided in the Declaration for each such unp� or installment thereof, together with all expenses, including reasonable attorneys' by the Board in collecting any such unpaid assessment. , a. If there is a default of more than thirty (30) days in payment of ai the Board of Directors may accelerate any remaining install assessment upon prior written notice thereof to the Owner, and the balance of the assessment and late charges shall become due and the date staied in the notice unless all past due amounts, includin� costs of collection and fines, are paid prior to said date. Common Eligible '. payable in other period esignated by �ated to pay ;cupant shall �spect to any s alleged by payment on such grace ner shall be l assessment ;es, incurred y assessment, r�ents of the entire unpaid payable upon late charges, b. The Board of Directors shall have the right and duty to attempt to recover all assessments for Common Expenses, together with any charges, attorneys fees or expenses relating to the collection thereof. c. Upon written request of an Owner or an Eligible Mortgagee of such Lot, notice of a default of mare than thirty {30} days in payrnent af any as essment or installment of an assessment for Common Expenses or any other d fault in the perfornnance of obligations by the �wner sha11 be given in wri#�ng to such Eligible Mortgagee. d. The rights and remedies referred ta herein shall in no way limit t�e rernedies available to the Association under the Declaration or by Iaw. $.4 Foreclosure of Liens for Un�aid Assessments. The Association has the right to foreclase a lien against a Lot for assessments imposed by the Association, as rnore fu11y described in the Declaration and the Act. $.5 Records. The Board af Directors shall cause to be kept at the registered affice of the Association, and at such other place as the Board of Directors rnay dete� }��'.ne, records of the actians af the Baard af Directors, minutes of the meetings of the Baard bf Directors, minutes of the rneetings of the Owners of the Association, names of the Owners�nd Etigible Mortgagees, and detailed and accurate records of the receipt and expendi es of the Association. Ati Assaciation records, inclnding receipts and expenditures and a�.y vouchers autharizing payments, shall be available far exanunation by the Owners and the Eligible Mortgagees upon reasonable notice and during normal business hours. Separate a counts shall be maintained for each Lot setting forth the amount of the assessments against the Lot, the date when due, the amaunt paid thereon and the baiance remaining unpaid. $.b Enforcernent of Qbli�atians. All 4wners and Occupants and 1 abligated and baund to observe the provisians of the Governing Documents, Regulations and the Act. The Assaciation may impase any or all af the ch� and remedies authorized by the Governing Docurnents, the Rules and Regula� ta enfarce and impiement its rights and to atherwise enable it to manage � Association. SECTION 9 AMENDMENTS These By-Laws may be amended, and the amendment shall be satisfaction af the following conditions: � guests are ; Ru1es and s, sanctions > or by law operate tbe upon the 9.1 Approval, The arnendrnent rnust be approved by Owners who liave authority to cast in excess of fifly (Sa°lo) of the total votes in the Associatian, in writin� or at a duly held rneeting of the Owners, subject to any approval rights of Eligible Mortg�gees and the Declarant as provided in the Declaration; and 9.2 Natice. A copy of the prapased amendment and, if a meeting notice of such meeting, shall be mailed by U.S. Mail, ar hand delivered, autharized to cas# votes; and to be held, all Owners 9.3 Effective Date; Recordin�. The arnendrnent shall be effective on he date of appraval by the requireci vate of the Owners and need not be recorded. If re orded, the amendment shall be recorded in the office of the recording officer for the county i which the Property is located. SECTION 10 I��TDEIYITfIFICATI4N The Assaciation shall, ta the extent the alleged liability is not covered by' insurance, indemnify every individual acting in any official capacity on behalf of the �ssociation, pursuant to the provisians of Minnesota Statutes 317A.521. � Childtime operates the following "at workM centers: California Childtime Children's Center Fresno Hospital, Fresno, CA Childtime Children's Center Commerce Center, Commerce, CA Childtime Children's Center Long Beach Memorial Hospital, Lonq Beach, CA Aistrict of Columbia Supertotss Learninq Center � L'Enfant Plaza, Washington, D.C. �'lorida Childtime Children's Center Lakeview 436 Corporate Office Park, Winter Park, FL M�land Supertots' Learning Center Commons Corporate Center, Hanover, MD Supertots° at North Air Rights Bethesda, MD �ii,chiaan Childtime Children's Center Beaumont Hospital, Troy, MI McNary Child Care Center Blue Cross Blue Shield, Detroit, MI Childti.me Children's Center Blue Cross Blue Shield, Lansing, MI Signature Child Care Center Blue Cross Blue rShield, Southfield, MI Childtime Children's Center Henry Ford Aospital, Detroit, MI Childtime Children's Center _ Sparrow Hospital, Lansing, MI �3c � New Jersev Supertotse Learning Center The Prudential Insurance Company of America,Iselin, NJ Supertots• Learning Center Scherinq-Plough Corporation, IInion, NJ New York Supertots• Learning Center Mid Westchester Corporate Park, Hawthorne, NY Oklahoma Childtime Children's Center Mercy Hospital, Oklahoma City, OR A complete list of major metropolitan locations in which Childti.me operates follows. , a � C r � �• AR�ZQN�1. Chandler Glendale (3) Mesa {4) Phoenix (7) Scottsdale {3} Sierra Vista Tempe Tucson (5) CAL��'OR��f� Alhambra Anaheim (2} Baldwin Park Chino Clovis Commerce .E1 Monte Fresno Garden Grove Huntington Beach Irvine La Mesa Laguna Niguel Lonq Beach (2) Madesto (2) Moreno Valley Newport Beach (2) Orange Foway San Diego {2} Santa Ana (2j FIARSDA Jacksonville Winter Park GEORGI� Dulu�h Lawrenceville Lilburn (2) Marietta Sneilville (2j Stone Mountain �LLINOIS Addison Glen Ellyn Villa Park � MARYLAND Bethesda C3.inton Gaithersburg (2} Greenbelt Hanover Larga Waldorf Washington D.C. M2CHI�AN Canton Detroit t2} Flint Fraser Lansing (2) Royal Oak Shelby Township Southfield Sterling 8eights Troy Westland (2} �il��W JERSEY Iselin IInion NEW YbRR Fairport Hawthorne orchard Park Penfield Rochester (31 Williamsville 0 0 Akron (3) Bedford Braok Park Cuyahoga Falls North Canton North Olmstead Mansfield Stow ox�xars�, Edmcnd t2} Oklahoma City TEXAS Bedf ord Carollton (2) Duncanville Lawrenceville (6) � ► EXECUTIVE SUMMARY The site has excellent visibility, accessibility, household income, and a large currently unserviced market. The site is located on a corner lot and has excellent visibility with safe and easy ingress and egress. The prime traffic generator for this site is the nearby freeway acxess for the Mendota Heights residents. The commuter traffic in this area flows to Dodd and then south to 494 and then on to the CBD's of Minneapolis and St. Paul. The ADT traffic count at Dodd and Mendota Heights Road was over 9,000 in 1991. Although it appears that the freeway would act as a market barrier, the site would draw some children from across 494. The Center will bus children from the Mendota Heights elementary schools to the site. A number of new homes are being marketed and constructed in the target market to the east of the site. The 1990 census showed the Median household income in Mendota Heights to be well over $40,000.00. Within the City of Mendota Heights are located finro (2) elementary schaols with a current K-6 population of over 1,000 students. The Mendota Heights school district #197 projects madest growth past the year 2000. The population in the target market grew substantially recently. The Metropolitan Council forecasts a population of over 13,000 by the year 2010. Households are expected to increase by over 2500 during that periad. Competition is composed of one center with a licensed capacity of 80, located about a mile to the north. The 1990 census shows that Mendota Heights had 1386 children in 0-9 age bracket. Using the 24% rule we can estimate that 332 children will use professional child care af the type proposed. Therefore 332 less the 84 slots available leaves over 250 children who are not being served at this time and are available for the center's 120 openings. � 0 � 0 Mendota Heights tf i�rF��« The Center will generate very little increase in traffic over what traff'c now exists. The reason for this is that the great majority, if not aH, o# chi! ren who use the center will come from the hames are located to the east of the site. These children are aiready being #ransported to some care sit�ation, therefQre fitt#e in the way of new trips wi[I be generated by the cec � � Ie sti][I tl��un]k ��-�'�' . a►f ��-vvork �lh:�ld care as a b�uc�vr�e�ss arneni . i �� ���1�''S l�V W�.` t�'U� via the Dependent Care Assistance Program (DCAP}. CHILDTIME can help yau reaiize ali these cost-cutting benefits for your company. CHILDTIME is a pioneer in at-work child ca�re. • • � Opening and successfully ���r� 1������y■��'+c 1`#�.�..����" • operating a child care facility is �'�� � �` ��r��' 7 �4 J not an easy task. It tak,es special � It's a faci: znore fihan 66°la o� mathers today are irt the work force. Child care is na langer an optional amenit}r for them, it's a necessify. And far you, as an employer, it's an issue that is just tao important to ignore. Many emplayers have already realized the importance of at-work ' child care in attracting and keeping their best � �r employees and in reduo- '. . � Rr ir►g emplayee tarctiness ,. and absenteeism. ' . , At-work child care also helgs increase employee morale . -� and praluctivity. -.;�� .�: There are rnany tax advantages, toa. Employers receive multiple #ax 6ene- fits—inciuding de- ductians far start- up costs. Parents can realize signif- icant tax savings experhse ta fully understand all of the regulatory and operational demands in such a venture. Hospitais, national cor�aora- tions, locat busiriesses and developers are fine�irig the solution w'rth CHILL7TiME. CHILDTIME is an established, fiscaliy sound company with over 20 years experience in the child care business. We operate a�;b � CHILDTIME eases . . Child Care Centers � ; and Supertots • ' . Learning Centers , �� in residentiat and ' "at work" set- ! tings, coast to ��.; t, coast. We are the " '' , fourth-largest child care pro- vider in the cauntry and a teader in pro- viding employer- sponsored child care programs. . �;:���t,�;� =t�;�;, , MENDOTA HOMES, INC�. P.O. BOX 416 20 NORTH LAKE STREET FOREST LAKE, MN 55025 464-9055 FAX 464-9056 8-2-94 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 ATTN: Kevin Bachelder Dear Kevin, Mendota Homes, Inc. is proposing to develop an plat t�he approximate 10 acre site in Mendota Heights at the corner of Mendota Heights Road and Dodd Rd. Our proposal is for the construction of a dayca�e facility (Childtime Care facility) right on the corner of MendQ�ta Heights Road and Dodd Boad occupying approximately a one acre §ite. This proposal would incorporate unused right of way ease ent along Mendota Heights Rd. and Dodd Rd. as well as the small parcel of land on Dodd Rd. owned by a third party. The residential portion of this property (approximately 9 acres) will be developed for 36 residential townhomes. Thirty- four units will be attached twinhomes and 2 units will be detached townhouses. � We will be grading and landscaping the entir incorporate underground irrigation of the landscaping on site ponding of storm water. The landscape pla detailed to include the landscaping�around each townho. as the construction of a berm along Mendota Heights Rd is to provide a visual seperation of the rear yards the townhomes from Mendota Heights R.d. site to as well as is fairly e as well The berm f some of This development to be known as Mendota Meadow' will have townhomes operating under a townhouse associatio that is responsible for exterior maintenance, landscape, lawn care, snow removal androverall guidance of this development. Our townhomes will be from 1400 to 2800 squai living space with double attached garages as well as : attached garages. As the site has changing topogi townhomes will have basements and some will not. Adc most of the townhomes will be one level but some two s� be allowed. e feet of ome triple aphy, some itionally, ories will � a A typical townhome will consist of two bedrooms, two bathrooms, living room, dining room, kitchen and a four season porch. We will allow variations from this central theme so some units can have additional bedrooms, bathrooms•, entertainment areas, loft spaces, recreation rooms, etc. We intend to allow our clients flexibility in the design of these homes as long as our exteriors, which are maintenance free, are preserved and the size of the pad that the townhome sits on is not exceeded. By integrating the use aluminum soffit and fascia exteriors uniform in color maintenance cost. of brick and vinyl siding along with and vinyl windows, we intend to keep and appearance as well as low in In installing city streets, curbs, street lighting and sidewalks, we intend to offer a very residential setting and with a density of approximately � units to an acre, it will have the feeling of a residential neighborhood. We anticipate beginning construction in late September and continuing through 1995, hawever, we would like to complete the utility work yet this fall so some of our clients will be able to move in yet in 1994. We anticipate our price range for these townhomes being from $129,900 to $199,900. We hope to receive the approval from the City of Mendota Heights so we can begin this project. We are excited about this project as we see many of the buyers of these townhomes coming from the City of Mendota Heights itself. It is no secret that one level townhomes are popular today and attracts mature clients that wish to remain within the community that they have been part of for years. �11 in all, Mendota Meadows should prove to be an asset to the city. Thanks in'August. S��ere , , ; . !. ; , � for your patience in this process and hope to see you J�rf �! Nfa t Yf�e r , , , � t � d8�23�1994 �7:51 FROM JNM I?I - GRCHITECT , �_,_.._�.: � �- � � ; ► ` _ , , , • � � � f �� ��t�[s�i �,:.:;�� �::#����� t. �. �s�sats+rt�:rsniN f � i�r�.: � ` f�I�h1�IRa;: I 'N���d���a►�nitsre's � �'f �4a���� �� + � �• I�. J'�' — � t � i��� � � � �, •� � ' ' � '• '�:il�f1�llll , __,_._. ��t,r.�.►ii:n.:.n�.r. x i' t��+' � ! . �. ! ` �� r . �w'-. . "ii:tut�.n�ni1��1■MR. 11 � � '' :;s'� ��i: �ii���� U� � 4 1 � ' � � � i i , t � �� 4 • M � * � ��'��� i�i {I . :..�Il �I � � :; �� �: � 0 k ' . { M T � � . ..{ . . . . � . ' ?r. ' . , � , • . �%�_ �../�� ��r'�=•_�sll�: :�` ��� � �t .... _�. ...: i < . -� ' �-! r f % j � �� � ,,t� �-- � � t `�...� ; I�; �i����-�� v� ,�J :�, . :.._...�. . ' ' . .. t • {l � '• • . t' ' � i i , �.� t� f �'�- 0 =:e. v, i.;..�. ��. � �+++; .;v:�, ,,' it� -..�.a � ... _ . ._ .. .. 4 .,,�.;ic; �». . y` �'�= s. '�'.- ak«.► :a.:ir' ' �� ti' �d i-.�i�4.+�r� .�+�r.�.��x+a�t.ai�nM�'>'+c+�s�r-v.H •%i�pu.?+�►�r�+1�wi�'' - . . ' 4 ;; .� � u 0 0 � 08/23/1494 9?:52 FROM �NM III ^ a�CHITECT TO 464�QSo i � � ' r • i � � 1 I � �� �it I ,� ._ � � ; t � � � j � �� , , � �'' '1 � ' ;• � _ ; � J ! . i i i � ' . � � � V 7�` � � � � f'� . C� � �i � .� ���� t� �� � � : �` . ��� � . . � � � � rsr. � . �� � � ���� � w �- � - _.:� � � � t� � '� � ��! ' � � � . ���� 3 • i .� : i � . � ���� � . ,� �;;. � i �;': � { � 7 � . � . i � � � } P.03 � � 0 0 �� � ,r _ _. .._ f . � � � � '�� �� ''::.�:.....�.. .� iw�r� �.�.�.. . .......� ..... � r� ( � � ♦ � � � # �� � r ►�1T1 r'� : i: � � � v ��_ � w�� ; � _ � � i� �, �' , M� � � ! � �f.�IIN�1 �� I� •, � � / 1 * r � r r. �r+� � • � «+.w ` } � !'_ - ��� �' � . .l�� � � uirw • � _ � ,...�.�..... � �� �� �� � ���� � J � ,�� � � i Ili,�; � ' : ,►;�r : • � �� � , i -t,`., �.�.` ��I • s a i � 4 � �• + � � , �_._...__._ � �c� ! ��} �� � �� - �� t _ �j,i� „+:r� '�� .':'.-��� � � • � • •� ,r �� 1. +�.r.rr�r.s � / (� l �'�� � � i � . , �� s � � wa � �.�. � � , «-......�.. ....... " -----�--- ` ��!�� ', �► � 4 � [-�a .+►�-. _ _...�_.....,.,�,i �::�� f ,r � } ; :.47+ � .+� t � � i : s ' � :i�1 � �!►% !,,, � �,� ��---� � � � ► �,i ► � ! 'f ! � � • ws ' �.�) rww�.�._. .�„ �r•' . � � � � r ' ' .i► , R• + � �• ��1. . . .�.�.. :� 1► � • � — .. :. � . �..�. � �. + � . w �J . 1 �4. ... .. . .. . . . .. . .. ��^�... . ` . . w�+i�� L . � .. ��:��C�`�"�► ...C�.1�G�� . . . . . . .. . .. � . .. . . �i�`��l��C��':f�....��i��''� , �i�= �-to-��- �� ��rr west st. August 2� Y994 City of Mendota Heights J.1Q1 Victcri� Curv� Mendota Heights, MN 55118 I�endota Iiom,e�, Inc. is proposing to develop a p�at the site locate�. at Dodd Road and 1Kendota Road for 36 residential tawnhcsuses. Suburban Office E South Robert Street �t St. Paul, MN 55118 612/457-6500 Fax 612/457-7565 Y�e are planr�ir�g to market thia townhomes for Mendota HomeS, Inc. aad are �ery excited about this p-roje i: ar� we �eel �her.e is ��re�t need and desire for this par��.cular area af townhomes. We are currently marketing a development ir� Lilydal� for townhomes in t�e price of $200,000-300,00� an Highway 13 and the �emand for th�se townhomes has been over- whelming a�d the nroposed sales are strong. � As we have indicated in the en�iosed folder, th�� market for townhcmes in Mendota Heights has always been v�ery succebsfu3. Enclased are prinLouts anct pictu•res oi the �ario�s develop�n.:nts alrea�y c�:zstructed in Mendota Heights; they) are: tli.ctoril H��hlar.dG, Victoria _.To�nhomes, Eagl� Ridge Townhomes, Kingsley Estates, Lexington Townhomes, and Ivy Falls Townhomes. The proposed site at Dodd and Mendota Heights, feel, wiil be a high demand area. Adjacent to Kensingto Townhc�rz� , r�*hiar n�ve �e�n sol� aut, pro�,r�s �.o us ti-iis i �.n t;�CG@X1�3'lt ma�•kPt arEa. We have named this future pro "Mendo�a Meado����" with ou•r mo�els being named �'Monet" , "Camille" and "Li.ly" whi�h are names associated with tli� pa� ntar Nione� ana �,��e ;�i1� name different areas of this deveiopra�nt to fit witi� the terrain of -�che land; such as "Monet`s GardPns", "Monet`s Ponds", etc. and we wi?1 fol the theme �hroughout making it a very desirable project. We hape this project will be appraved as it wiJ�l b� an «sset ta t,he city of Mendota Heights. � Sirleerel , � y� �c� A�ur � �er�s 5 Jc�.:'1E�. Spannbauer Bet=� (Win�e:�� ) BulaclY '►i �i �1 �Ii � :� �. -: �- � : �:�:�_°�: � � _ . : . . . . . . . . � � '' �u'`.:.=�: �;�, � , .. .,. , . ' . `�•a:e s.''� + '� �e: ? � �„� • -�,�^,_' i^ . •• •3 'h . wU' �� � r �3MC� '►-� �� t�;}.!jf�-.�r: r:;L.� C� .v . r~~� . '.s,i.� > . `� .� . %a..• i +1t� �' � . ' � ' ii„ - � � i .:�� 3 ', � Y��{��(��r .�. '' .s' • , ' _• •. • • . • . i`r�� 4� , � ♦� ` �. ' • wi � t.' 1.r.�,'•.fr.d++7,��l� y't i']tv• - :f t ti . �Fj'� '�`�'i= � �� _� -'Y4� :.i'� fv': i .{, �\s�'•�'�.t+�l �' • . - ,i'. . K•�' . +. �^ �; ` : I �'/'. ...F ".:`s ! s����.��'..•.� . .. •• : .! ••R� ,•c . .. •¢i • -• �'�t�� .Lt..•.�'.. '��Lt�_�.. 'J"ryq'- :��....f"v+�y�• ��•`. _ ..o . M, -./,�., .a. .1� w ' '.Jr yr� �,4� n.� �. . . . - '�!( '` , • � l . R �`M �' � . �t; �1,7•.�" .'. � "i1 4� '. /� . ' . . • . • ' . � j' '� ` .. • j� - `'1'�a �Y% � �rSl�i- ��:i ���y c .•� ° .�. . . . �- . . c. s • .. . , . . . r . .R s 0 � - �i7 � `� � •`,1 . ?'a�' .F 4 ��" . �rC �.r ' • �,� � ' :s �f �. f�! � .�! � /_ "a.: �� Y 'v'.+ f..y�y. , ' , ' f , ' �.: . , J�Y \�., i�/1i. � /C.•�' �. ti. � � . i�Sc. ' . ` r .' : � I '�/ !� ��� 1 C � . , . • .•�. . � ' �•. '° _ . _ • „ .. .�. � 1 v,� ... 'i: / „y � � ' ' . . � �'= � •ti': ' j .. T�' � "Cf� \ 1�.: �'�""Cy' _' — _' . ' ` °. ' . . • a `� ' �,r �`�_�__ M ----- . . , �� � . , ..1 � . _ . . � , --� .S„�Y=-r ���c�=� r.:;����..J�.�`��.. -. .,._ iii'� .`"�",[t . , � , 1:�. ` •'� y .a ? ..lG„`•2!r.�„-.fY 4 `�� � ._ „ ; f ��• 1 . . z ?� i � `t� � �": + .. ��^'f" _ty+M�! � it � " �= 1 �. _ ^. � oer,�vg . ,� �<i�r =�, - ~- �} ,;��i + �..z� 4`r:AY'. s .� y.�. T '•� � ����F`�������j � J ` � . •w� � � �r� 'S' ����i C� ~ I � . ,.} . . 1� a i '^'�"`Y , '�., v'1 �,�..S�'_ „�s . � . .. � • ' Q. �� �'r . • F_ . :.�1,N{�i�"T��j -�'•, 4 �$.�:i � �� _ i w � .:� �+.'�r fa . s�sair:.'�.-� : ,.y '' ' ,� i��' s � ��' '," � � '_ �' . . , _ ,�, , = - . � . • . , r -- � : ,�t . � . . -- , � �� ' � �`. _ ._ �, . ,�. —__ _ - - --�--� - - — . . -- _ _. . _ . — -- -- — ' - ..._.:._ � _ �'� ' e n � 4 ,x. , �-. �>,-i � `"�" —,�.,,,=y�� � � �a-- --.__ -...'; � y � . T`�R . :. T t .. �rf+Yrs ,�. .: l.. = �� � . . � "'--e�r. ' ' . S --�ir�vo �^�' �'�`b + . ' � "7'C�a,,...^� +C6 i' / '_ ' . ' � �""' '. � �. � .. 4 �� : ;�� *�_ ., : _ .,.,,_ �. n -'..' '+' ' F a.—: . � - (� �- '.=.4. " ' ._+a��.. . � .: _ •...c � � � . �"�'.,icY� rS � q. . _� . ..- . . .. . f 7 � . ^'s���-s�., -3.�� .Y.i � ` _ t _���" d�+— . .. . . - . . . ' ` _� •� _ � L . . . .. . • - � �.��" . , ! '' 1 � . .✓....�-�..c...�c��....._....�...��.. ,�._�.......-��a..-.,......��...na�a. ..... . :.,-.- . ' f�� . .^. V �M1 :' y w^� �li��� . . �.. .. �" J �t�. r.5.1 . .M . .. � �;� �„Af� .. 't . . � . � .. .. . ." 'i � . t+4�.a Y . . . � � . _ � � ' -�. ^" y�0. � �, Y.i.: l � �- ti � ..: 3 j�' , rlti` � S' if,• �� J+� Zi-•n 34•` 1 ai'',^." ra,��v..n+ J ����A`#s` y}i.T��3T "' ':r *" + t . i� i.-, �: 7'• A �' s... ��x'Y�` +� � � S 1 "'+ � �' '�w f.i' . i � u ^ �' ` { � � rr+ .at � � r � 1, , � : e 'Ls -t ^u `. y s y,� S,`r =� � -Y _ ��,'� ,..� .. V in � J , rNL ' i • /� �,.Jil� ��,/ �>�ti�� �: i T t` �..~}�w�} y Y^�\ n.Vt S f� > ��` r, ..ow1': X�'.. '' �+5�� '3c _ .,.. .. •. '. . . �. ... . t.,._. . � .. . , `� —' `a � • -ti.. .P. J�t R, k { • , ._ w� ...r•.: � r'*�i:G�.�i' ;��• � : � `i�.,��,-�• �' � < �` •h 1 � ;�,� • • • ��'fc _ �'. �r � � • • �'.f�� Jt � �;"✓ I� • • '� � �eC ..� � . i �i /?}����. • � � � � � . f'4 ,_! � � '-1 � � �'\Yr' ; � ^ �L-,��r�qr ��y �. • • • '� • M' . . � • . • • • • %.i . " .:.K '' . . � a��, � >, i . ' 1 • • • • h•!.+'.-t.+_-��+'^ ---- . <�": e .n.T ^tf�.s... [or ' . • � .--+.d J7�C a'?i ,,,Tsxr �Sr�� . •��rtw ,a+�... _� __.., � ��r�;� � ; � r�`� � � (µ � C 2,r . `, � �` � � \ ; �r. : �;..,. � ,, : �, > �, iH �� . ,,._i�_ ?L. � r j+,�� x� 'Y . '�,t��`��.;,';a"� �����'j� �_�- - � ._- _,�„�'.'ska�.y'3 � BUR�IET ` . � � � � R F A L T Y:': . F cs �,X'�i,�� ' � `—�-+ ��'L�''• � �-������ :.�.: nn.' . � ��r.�..��_ .. : �� �•�XY ._ ' •_ s i ; f-�7.' ' __ �'Y.�' � ': . ,. . , S/ � . .�.�:''�'''-. ' - s^� �i�� . _.. r�- - � __ � = _ ! •"�Y1=�.�` ' - " �"+�r, � , �rr--�w � �. un - - - _ • ' _ -_ �` ti . e.��=:�G� - _ - _ _ �_ _ " �!;�� � ''+�- �� ��r�{,r"+ - ` � _ - - C :- r �y � ��� .,�, �' ` � �~ � ���� EAGLE RI GE SUMMIT � , � w . ^-h �,�, t ,, i�('y, tE33 EAGIE IDGE DRIVE .�r= � w^ � . ,..:-�- � y � r1 . � � r.. f . ... a:> , �O . '* i :�.. � 4 S ?� � ( - i . . 'C ' ,: ^� �: T � � L. -e c,-a� �w? : a - �,� � ,���.r. � �j. r i � .i : , y a; . ' �f' _ l'� � � �� � _ .._ " .. .v . r � �Ty . ", '' •'1K � � � 7 � ,c r ,Sl . ' ` 21 �'nN �s��'�.rt� . „ . •,'� u ' . , f . � : ; .. :�_ � - � :, � . ._ : .�,���s�1, .� . 1t� ..i . � . '� � � � .' � � . .. �c,•a3r'"'"� } ta,r,"t�ix7+�,. '�i��; a;y.�J"� �i . `it`' �.. s%1'� r..��. �-. e'= A.�t�E'i%,1c t.-ckvs �,4 j �.: � � 1��3s..(�, 1,�C �ct =�G'f�.,,, .� � 4' ;,;�'� S`Jy'= �. u llar�. �7 i t-t r��'.I1�ii�^1� .,f� ..i,w,7s'7 'QGYe c� 7�T•1';� ��•''� y s..rews� ". i' ;�1t._ysl. •. �,1tS�. .�y,�r,�•,�..����5 6"-�_.: .�.)• . . . � _ . .. . . ...r �. . . . - - -_ � � ��'! �.:J - ' `! R� • • ..-' ' -. .c yi. . .... • ..•+�-�.;� �;''' .i `';� .. .- z � Y : ���°.'i . � ' .. '�'F� �j'. � - h :,��z;: ._ ,�:: =� 'd . 9? •. � ' . ��; �' . . .. 9�^[�� �,(�a_"23 .'}�a..-`•. .. ��r _. �.- _ .. -.,` �Z.. ,r':-,.� • -i.. r ` � .._'�a��t 4.L..�`: 2ti.�G.�i`.::s{.-�r .i�. i_'i + ita.Sw�l.'�'�J r� 1� �\��� � ._ r?�� •� '�--i��\��j!�'� _ . k . ,. . �-- y- ='_-_ =. - _ Y, � �� r� r '_ �- . _ _�.. .� ` .. ` ' c.-' ���}•5, �r, - , � .. . "' .. ��:f�i:^' .. .. .. , , � j��.^S�'r5: •V' �':.,...! � . •M.``��Gx� "�'.i1!t:�•�t � �Giaw L_ .t��� . . ••. i� �rr �: e � - •- .-� ,�;.�.' = • - r IVY HILLS TOWNHOUSES - � - . .. _�,.�_ �� ' -. - ... -� -_' Dakota County Office 1875 Plaza Drive Eagan, MN 55122 612/452-5950 Fax 452-5481 , � ���..l������ t.' . . , G . EAzrY. � KINGSLEY ESTATES County Offire 2875 P3aza Drive �8�. MN 55122 6121452-5950 Fax 452-548I BLJ�R�TET � ' R E A L T Y€�_,.,. ����;� • . P ��h ��Tl'� � "� r�" .. ` ��.Tlr�.'„i'+r� £ f.Y� �.- �. �.., � . . w i i � r r..� ` r- �' . . �n. .l''` .. ,,, iw . .3' �t:. ,,� � ( •. Mi �.'►��5� 1 � . ^• ` . . : �l q' , _^K'9' �i 4~' f�Y� �: < /' ' � - �/ '�'� � i� - ':�' . w rj�.fh{�• r i� � 'i' i� 'c' �Y '� • ��5..., .' ` '• .e ` =. ?�� � < • ��,�► ��"�� �.� ��1 � s +rr'�, .i��. a- 'rs-`''% a. ,,. .. ''�-� Si7 .''�: ' �" . 's(�� ' � . �. � • t ' fj[. - si- �';Y:'+L'J,- 4 '% �w �.•..� r ''�c�t`^f"`. '!' . �Y:+�'Y. r . . :f.��, �' �.'./ i _,Nar .�. -'; '.yd" •,s'„• . 1 • � . , �.F�= �j � i:���?f.'+ii�'1. :�.- . . . _ •_ �'� • • �� . . � +a � • 5.�. � .. • r. • ti:♦ .�. r. • .. ��� �J ��`^�.�v' p . � / 1'+�-.;.. � �V: Y � [ , - �+. .3'• � • .. . _ _ `�„r -' � lJi.�/��,1`�J���� ��~ S RF A LTY; " : :'� :.:��3: ,T `�a • _ _ - _. ;�.� �'— .. �-��- ,.�..� --.— .:;�. - �=J • `yY�:;�.G^`�.iF.f�_i�.'::� � `.•-�._..... _� �,,,�..G''"'� - -- —���.-.:.... - �} �j,: �,r �� � '. a ,�V� -•„�; � _- � } M � _.: � . M4�1��f��"�' ._ '. 1�� � ,. ``` � ;,Yy ��rL 4�` ' i�., � _ ��`.r � `''�'}� .""� �� _:�� .: " -=r vc' - - a'',+.F�"��'..., . �r "� • t� _ ,' �1...--.` _ s, - --'"� ;.:..,;," ��`.�"'''' 7! �--:.'..'�`e+-y.:; --- - - �t � -r"�:�^-� _ � _.. f, '�� - . '-.+��wYi . •. . a , ...,-.. � .�, . .. . ' �..,� y�a � �'�'M 1'�1+. �S.4sV .� � � ' . � � .�........ _ � ...-�._ .. ' . . e , �,��.v��f,�, Ld I='#�..["'�� �L.�.. _ � . '�w� � ; t_qC� �Yi . Ua.+4'�"�i . � _ • ' �'4 9�i�' '.'�� . `<� . . ' 4. � . q. fi �f'��. .x � . ....�. n,.. ..n. . . �R�3' - . . , ,. .. ... , . , :�. . . . . " '., . . ., ^ . . , � . . ' � a . , . .. � . , l. ; � �. .. _ . . .. ' ` •4 . , � , � t.,� . -: � . . . .. y;.. ; ' ' ... .. ' .... , '.. � � � ' � . . � -� :i •r � - � ' . � � .° t., > ._.. .. . . , _ ,p "�, „ . _ ..,'.r :. . .� .,. � .. i. � 'T �i.: . . � - . . _ �� ' �t'?�, `� � ,�Ti • ... ' � .. :` �.�`�, r :':-2-Lr �'. ��y'-� __ha�-. �,:�`t:�, - ' +��j y`i,� .��°��/� • . :���?�", �. � rh,�i . .. �,-.n,. .S. �"., � ` , • :� : �k'` ;:-'-lfG„'_• '{. .�., ,�. .�, +� '},.$iik '.` � �i�►�_•Y ` �'L`f-'� . � �. - w'YY"``"1r-. ,+tF�� � tG`- . - ;;.=,• �� .. �`'�:�r f"� P�� ..-.-c��':.:�' . ,,,�, • •'., . a ` • -. ' - • N� •Y } �� . �,.N.t`�'y '•„~..1 ' 4 � � • � �.; �i. i� r F1 f �` h.-.�y>'yr ,. � .. `��+ .. . . . � �" ^ . .,� .. . .. J �ti� � - _ Y_- ' «. • ... ; � .� . .r . _ . .� �� a `• a,,, ~-. � � r � "' ... �'t �ui ;.¢"�� i 'i�'Ji . ."` .. � i r � :' .• . . � '` .f. I`�' �, � y� � _ � krx.y �� ` .' ��` � � C. . . � :. �,: : , - . ''\h ���� �i� n,cr "'?��� �"[ � f., �u�',;;,,.:. . 4 �� . • .e • � •�..` . �t � . . �� �. . �R,.a� . �� ��.! a+yit4.. . �1 .�. .. t � � ���I�a+r'�+MI�''" '��,+� ��1 4 � �� � . . Y � � . V � � • .1 �w�hr1^�.i . ... kPs'I'x^�?'K �: ,. - �y �. . Cr .: .'r 1 \'+J,Tr}� 1 J ... 'wv J� ' ��'N`�.N � �. '�! � ,� e�t'��• .�yL' ��-�.l'�"S'r . . � ` ' � ����•�,�+e . s*' J� :,,y.�'�.'a".�i�lF" `X+1'J•. • . •� s .. v - 1 ��,. .. r' ' ,,,t:,,.�.,,,,r _ ,� - ,,,. " . _ � , ...:. . -. . .. . _ „ . .. , � l ..i=.:^i�si�.,+rt^�"-�1: S - . .. . . - , . . � - . . „ . t � �Sr�r t .: ". . . , , . . ,. �«� ..» ...n �''" a. ... � . . + • • G � .. � .. . . • BUR�ET � `� . ��: REA LTY;�, . , �� � ��� at��'��.. Y�"t � i � +:-y',,.= � ' _ �, sa -'- :..:s" .�,� '.. 'k i � � _ . � �����t �`'��'}' �! � � � ��� '�z� _ '"Xx�' ^�'� ' !� 3 ._� s � ` x�' �3 = `r � -r � �'!'_ �� , "' - ' .; - ^ .o t,- '�:$r ��t,; ,lt.i ' .. � �, •^ w.. _ -•. � ~,. ' j r-� _ -�--� � �—�-- � � � ' ' - — �.,..: � . . _ • � .,,� �-.-----•..-�...-. . _ �"' � - . j, � - �' � � _ � ��r--:--fr,� .�-=-r!'_ . . . � ' - r � �.1�1�1+. C.. +' °an..— i -'4 � � �. � � ��_�,�.,...� e • , !.r�; �c./ - ~�bAti .� �� n . ._ . � � '�• .�. rr'�'5+��^ .� .4 � ? i .r � r , i i� -- ��.► �■� ti ` '�'' t � �� }-� r <td '.��1 � r� ' • > :. �.- .{'t r �,y � �;yi..�� r,,,rF i . ' � 'M . 1C`�e�. ,rY , �f4 .. �^ �,� 7 !7 ! • ' • . .o � ' . '1 .l`N � �. . �. �y . .. . • ., . � -h�:,�,,:� y�+�� � � • tj� .�. . . .�,r rY/Y%' � +n�� i� � i �-�a�•� ��' + . . . . . ` �y, � �� ,� ! � , - , - . `':'� ,�.�. ° � '�'l _,i, , � .. '6 � . . ' .. ♦ • � . . � s'� �• �� ' .r.�y , . _ . , - . , . . . , ... . . , ,:�_ ..� . � , � • •r' •} ♦ 1.n . . . , '�. � ... e . . . . BU�R�IET � � � �: ,. � : � ,: R F A L T Y� �- • ��. , ,!.- ' s . �— ' � _ .� _ _ r�i T_ � _ _ _�__ ' t.._'__.. � _. _._ .��� ' � � �� :j'���r 1 �a _ � �,._�.. _ �� �.x��'x{-� �� � �7 . �s t �_ I��� � . --�_ . . �--� 1 , 1 �-�1-1 �.�—;���*`r" ,�,. � � _ � ��i -� � ` 1 �1' `+� � _ — . b�� ' s� { � � � � � .- t � . � �. 2 _ . r � � x ��. ,���� •, .��'Y 1 : .. ... _ ..... � _'--- .''� �'` � " l �— \ ;��z _' it .`�._ " _ :7� � rI� . .� _ _ .�1. �� . � _ � 3 �� e — ... .5 _ !••����`��+ 4t��`��,1 � -� �_ ' .Z`� •—� s:+-rK.4 - +. . - • .^n43�' -'S • 'iv"`Jy`� u-.�.w.r-�M,'�' � . �'� r��..I.ls ��"'� irt, . ,n F �L3.f'`r _ .o ., .�c.. ._ . .✓ F �+.+ ._ _ . . . • '�, . _ � . � _ . � / ..= �•—l� � 1 , . ��. �---_,� � —�' r-��- � }�"�i�-�.`�� ���, '� --- ,,,�• � , ,"�--- � ` � ��.".....�i',Z,�� f -.� ` .<� ^j ' �.'_1''� 3 : �ti �. . . .'�i3`:... •:t y / � _ . � �� '.'� \\ t � � � � �\� ; I '� �'' � �.::�:iia-a f: F ��. ` M1 , �._ .� - .. � .. _:_..-1 - — __ �� - �N � ��-1J��� �= ,� -- �.� �., ..�: ; ,, +{P ,y.4 rr . . � ^—k � ...... ` .,_ . _ a.t.�CL' , "• • <!'' � 'Y.`.�, . ..,-.. _�.�.,. ., Nyl �•,� i^. —, ... . . . . - t E S To: Fmm: Subject: CITY OF MENDOTA HEIGHTS �� � November 10, 1994 Mayor, City Council and City Adminis �. Kevin Batchelder, Administrative �nt Parcel Assessment Waiver Request DISCUSSION Mr. Mike Kurtz, developer, and the Dakota County State Bank are requestu City Council consider the waiving of Assessments applied to a parcel of land locate� northeast corner of Marie Avenue and Dodd Road. Dakota County 5tate Bank has Y into possession of this land through foreclosure. The taxes/assessments are in forfei Dakota County and must be paid prior to February 9, 1995. (Please see attached le request.) ; that at the ; to of Mr. Kurtz has offered to purchase tlus property for the development of a sin' le family home. Because the stormwater/drainage (creek repair) assessments were ap�lied to this properiy with the intention of it developing into three home sites, Mr. Kurtz is �askmg that he only pay assessments for one homesite, and that the City waive two thirds of the assessment. In return, Mr. Kurtz is agreeing to place a conservation easement ove� the unbuilt two thirds of the site to preserve it as natural open space. Ia addition, the City would add one single family home to the tax base. (Please see attached site plan.) I To develop the single family home as shown on the attached sketch plan, a permit and variance to the front yard setback will be required. Mr. Kurtz desires the Couacil is willing to waive a portion of the assessments before he incurs the ea Wetlands testing and planning applications. He could appear on the I3ecember P� Commission for consideration and when that application returns to City Council in decision could be made on the Wetlands Permit, Variance and Waiver of Assessm� At this time Mr. Kurtz desires an approval of the concept to develop with � assessments so that he may proceed with the Wetlands/Variance application. 'I�vo the original assessment amount of $21,899 would be $14,454. � ACTION REQUIRID Consider Mr. Kurtz's proposal to waive a portion of the stormwater/c assessments on this parcel in exchange for a conservation easement. If City � to accept this proposal, they should pass a motion approving the concept and Kurtz to apply to the Planning Commission for the proper planning consider know if �nses of �a wavier of ;hirds of desires g Mr. 1827 Hunter Lane . ` Mendota Heignts, MN 55118 , November 9, 1994 MENDOTA HEIGHTS CITY COUNCIL ... . Ci ty Hal l ' ' Victoria Curve Mendota Heights, MN 551.18 Dear Council Members: I would like to propose a salution for a unique problem for the prope located on the Nar�heast corner of Dodd.and Marie in Mendota Neights. The land is currentl�� in tax forfeiture with Dakota County because Dakota Couniy Bank recentiy foreclosed on the developer. When I pu the 1and from Dakota County 6ank, I learned the following debts are owed on the praperiy: •$21,899 in assessments owed to Mendota Heights for relacating a creek on the North side of the property, i$3,OOO�in back taxes owed ta Dakota County. The redemption period expires an February 9, 1995 at which time, the property reverts back to Dakota Caunty, • extensive costs ta make the required sail corrections ta the property. When Mendota Neights agreed to move the creek, the developer at that was requesting three homesites which did not materialize. Based on recommendation of City staff, I am praposing yaur approval to: 1. A11ow development af one homesite on the far eastern 90 feet of the site, Circumstances make it necessary to`apply for a front yard variance from C�arie Avenue. I also request a wet land variance an_the North side of the homesite because of ih creek bed location. sed :ime 2. I would place a conservation easement an the western 320 feet�of the property. By �nc u�ng a conservaiion easement, I requesY the City forgive same of the $21,899 in assessments. � I request direction from the City on resolving the oustanding debts the City of Mendota Heighis and Dako�a Caunty by apprflving my propos one homesite with conservation easement and leniency on the outstand assessment amount. ' � � Sincerely, Michael R. Kurtz ��-t�.�6c_.�.�.�. � iU� �or bath l af ng .; i � i * f _ ' � r � November 4, 1994 Mr. Michaei R. Kurtz - 1827 Hunter Lane Mendata Heights, MN 55118 Re: Acquisition of Lot 2, Wiliow Spring Additian Dear Mike: Pursuant ta the execution ofthe purchase agreement, whereby you have acquired the s property fram DakQta County Stat� Bank, which is outline in the purchase agreement Octaber 19, 1994. This is to inform you that the taxeslassessments are in farfeiture to Dakota County paid prior to February 9, 1995. From our research, there is appra�cimately $24,04Q in past due t�es and assessments paid prior to that date. I have enclosed an applicatian form for your use ta apply to the County Board £or the of this property. Mike, as we have also discussed, Dakota County State Bank has no iniention of payin taxes or assessments that are due and payable. In the event that you are unable to cor ��; � terms of the purchase agreement, it is our pasitions that the property wi11 be forfeited County. [f you have any questions in this aregard, please contact me at 45�=1320. Sincerely, � � John P. Seidel President JPSImo cc: Tom LaweIt, City Administrator City of Mendota Heights MAIN OFFICE . OFFICE 750 50i.lTH PlAZA ORIVE 70TN 8 CAHILI MENOOTA HEtGH7S. MINNESOTA 55520 INYER LiROVE HEtGHTS, MINNESOTA SSU75 (812) �52•i320 (6t2) 455d9d0 must be must be any of the �lete the Dakota OFFICE 2f09 CUFF ROAp RN, MtNNESOTA 55122 (612j 45d-A&10 CITY OF MENDOTA HEIGHTS �� � TO: Mayor, City Council and City Adminis o FROM: Marc S. Mogan, P.E., Civil Engineer � SUBJECT: Friendly Hills Street Reconstruction Feasibility Report Job No. 9221 INTRODUCTION: The streets in the Friendly Hills neighborhood were constructed 25 years a� have outlived their expected 20 year useful service life and need reconstruction or The condition of the existing streets are such that typical preventative maintenance longer provides an acceptable driving surface. This report will discuss the City's Rehabilitation and Reconstruction the proposed project, present possible funding methods, develop a time line, project, and give a recommendation. DISCUS5ION: In the summer of 1992 the City adopted the Street Rehabilitation and ReG Policy. The intent of the policy was to encourage neighborhoods to upgrade exis standard streets to City Standard Streets with concrete curb and gutter, and storm utilizing City Infrastructure Reserve Funds to help pay a portion of the upgrade c Subsequent to the adoption of the Street Rehabilitation and Reconstruction fall of 1992, some members of the Friendly Iiills neighborhood presented a reque to consider the feasibility of a street reconstruction project. A feasibility report w and presented at a public hearing on September 7, 1993. That hearing was contin November 16, 1993 to accept further public comment. At that meeting, City Cou defer any action on the entire Friendly Hills feasibility report, and instead, becaus support in Friendly Hills 1 st Addition, ordered a feasibility report for that area on Council accepted that report on December 7, 1993 and a public hearing was schec 7anuary .18, 1994. After considerable discussion on the subject, Council adopted moratorium on street reconstruction. Following that moratorium, Council in July deemed it appropriate to establish a seven member task force to address the Frienc Street Improvement Project. 9, 1994 They practices no describe rize the non- er by 'olicy in the to the Ciry � prepared rd until cil acted to of greater �. Ciry led for six month �f 1994 y Hills The Friendiy �3[ills Task Force was established by the City Council and charged to identify issues, concerns, and gaals,�relative to drainage, speed control, t7raff'ic volame, and the repair or reconstnzction of streets in the Friendiy I�[ills neighbarhaod and present a recommendation to City Canncil for their action. Follawing public notice in onr lacal newspapers, property owners in the neighbarhood voiunteered #o serve and every eff'ort was made to ensure balanced neighbarhoad representation on the Task Force. Members of the Friendly Hills Task Force had their iirst meeting on September 28, 1994. After the issues were identified, the Task Force went on to select and support a number of solutions which they believed, best addressed the street and drainage problems of the Friendly Hills neighbarhood. Subsequent meetings were held on Qctober 13 and 26, 1994 to finalize and formalize the task force findings and recommendations in the form of a report for presentation to City Caunc�. � That report is included as an appendix to this fea.sibility repart and describes the issues identifred and diseussed by the Task Force, and presents recammendations foar a caurse of action which was believed by the Task Force to be in the best interest of the neighborhoad, and to be a sound long term solutzon to the issues addressed, , i This feasibility re�art is prepared in confarmance with the findings and recommendations of the Friendly Hills Task Force. Project Description: r The proposed impmvement project would upgrade approximatelq 3.5 miles af exasting streets in the Friendly �[ills and Pagel Road neighbarhoods to meet the reqairements of City Standard streets, or Municipal State Aid (MSA) streets in the case af Decorah Lane. Also included in this improvament pmject is the reconstruction of the bituminous pavement surface on Hazel Court, some �minor improvements to the storm water detention basia system on the Mendota Heights Fire Hall prvperty, and a storm sewer stub connectian wluch provides £ar future redevelopment af the old fire hall property east of Dodd Road. City Standard streets require that the pavement sectian be of a 7 ton design capacity and be constiucted 33 wide, face to face, with concrete curb a.nd gutter and storm sewer. Decorah Lane would be constructed in accordance with MSA standards in order to utilize MSA funds to reduce the total assessable cost of the praject. Decarah Lane would be canstructed 28 £eet wide, face to face, with concrete curb and gutter, storm sewer, and no parking between Dodd Road and Apache Street. A short dedicated right turn lane would be constructed an T�ecorah Laue at the intersection of Dodd Road. Decorah Z,ane would be constructed 33 feet wide, face to face, with concrete curb and guttear, starm sewer, and parking restricted to one side between Apache Street and Pueblo Drive. Constxvctian would cammence with reclamation of the e�sting bituminous surfaee which would be crushed for use as a recycled aggregate base for this improvement project. Storm sewer pipes would be constiucted in accordance with the storm sewer system design. a Existing ditches and driveway culverts would be eliminated. Inadequate street sul conditions would be repaired. Drain tile would t�e installed, where necessaiy and provide a stable subgrade for street construction. Additional aggregate base woul� as required. Concrete curb and gutter would be constiucted, followed by the con, two lifts of bituminous surface. Driveways would be reconstructed in kind, to th were disturbed. Boulevards would be finished graded and restored with seed or s� Project Costs: A summary of the preliminary estimated project costs including continge engineering, administration, and overhead for the proposed improvement are as Item Description Project Cost Friendly Hills Reconstruction - Schedule I $372,000.00 Friendly Hills Reconstruction - Schedule II $942,000.00 Decorah Lane MSA Reconstruction $290,000.(}0 Hazel Court Reconstruction $21,0�0.00 TOTAL $1,625,000.00 NOTE: Friendly Hills Reconstruction - Schedule I includes improvements Lane, Creek Avenue, Fox Place, Hokah Avenue, Mendakota Pazk detention basin improvements, and storm sewer serving 1`� prope: easible, to be placed �uction of extent they Aztec �d Fire Hall Friendly Hills Reconstruction - Schedule II includes improvements o� Apache Street, Cheyenne Lane, Keokuk Lane, Mohicaa Lane, Mohicaa Court, Navajo Lane, Ocala. Lane, Pagel Road, Pueblo Drive, Pueblo Lane and Pon�iac Place. Project �nancing: This project would be financed from a combination of Municipal State Aid Infrastructure Reserve, Special Assessments, and Tax Increment Financing Funds. MSA Funds would pay for all costs which qualify for MSA participation with the reconstruction of Decorah Lane as a M5A street. Tax Increment Financing would pay a proportionate share of the storm sewer cost associated with the extension of storm sewer to provide for future redevelopment o the old fire station site. �'he City Street Rehabilitation and Reconstruction policy states that the city �'ill fmance up to 50 � of the total project cost for a project to upgrade and reconstruction stree �s which meet the requirements for city standard streets. That same policy indicates that benefited properties should be assessed the cost of the upgrade or capital improvement (i.e. st�,orm sewer and concrete curb and gutter). We propose to deviate from this funding policy for this project in a manner consistent with the recently completed London/Downing Street Improvement Project. On the London/Downing pmject, the city funded 50 � of the entire project cost, while the remaining 50 °lo of the project cost was assessed against benefited properties. The policy also states that MSA funds will not be credited to offset assessments, but that they will be utilized in a revenue pool fund to offset total reconstsuction program costs. On this project, we propose that all project costs which qualify for MSA funding be excluded fmm the costs assessed back to benefited properties, which again deviates from the adopted policy. Simply stated under this proposal, the property owner would split the cost of the proposed improvement project after qualifying MSA Funds have been used to reduce the cost of the entire improvement project. Following is a preliminary cost breakdown for assessment purposes for the project: Tota1 estimated project cost Total estimated MSA funding Total Hazel Court � � � Total project cost subject to 50% assessment $1,625,000.00 ($198,000.00) �($21.000.001 $1,406,000.00 Based on the above criteria, the proposed preliminary estimated assessments and impmvement totals withi.n specific areas of the project are as follows: Item �endly Hills Re-Arrangement Parcels No. of Lots Est. 50% • Total Assessed (a) Assessment/Lot Streets 243 $1,940 $471,420.00 G�-� c, aza Storm Sewer ' 249 ' $7,60�, $189,240.00 (, ��iZ,4o� Total $660,660.00 �z� 2 r 36 3� (a) Includes 11 lots in Friendly Hills Park and 41ots between Apache and Keokuk for both streets and stoi�n sewer, and 71ots at 2126, 2140, 2170, 2196, 2220, 2222, and 2288 Dodd Road for storm sewer. Pagel Road ParceLs Item No. of Lots Est. 50% Total Assessed (b) Assessment/Lot Streets 11 $1,940 $21,340.(}0 Storm Sewer 11 $760 $8,360.Q0 Total $29,700.00 (b) Includes lot at 2294 Dodd Road for both street and storm sewer. Hazel Court Parcels Item No. of Lots Est. 50% Total Assessed Assessment/I.ot Streets 7 � $1,450 $10,150.00 Mendakota Park and �ire Hall Item No. of Lots Est. 50°lo Total Assessed Assessment/Lot Storm Sewer 7 $760 $5,320.00 Old �re Hall Site (TI� Item No. of Lots Est. 50% Total Assessed Assessment/Lot Storm Sewer 10 $760 $7,600.00 Friendly Iiills Re-arrangements Special Assessments Pagel Road Parcels Special Assessments Mendakota Park and Fire Hall Special Assessments Old Fire Hall Site Special Assessments Hazel Court Parcels S�ecial Assessments Infrashucture Reserve Fund MSA Fund TOTAL _ $66U,660.00 _ $29,7(}0.(}0 _ $5,320.00 _ $7,6Q0.00 _ $10,150.00 _ $713,430.00 _ �198,140.00 $1,625,000.00 In summary, the preliminary estimated assessments per lot are as follows: �iendly Hills Re-arrangement ParceLs Streets and Storm Sewer Storm Sewer only Pagel Road ParceLs Streets and Storm Sewer Hazel Court Parcels Streets Project Schedule: $2,700 per lot $760 per lot $2,700 per lot $1,450 per lot It is anticipated that the entire improvement project could be substantially completed during the 1995 construction season if the project is ordered and approved in a timely manner. Following is a tentative schedule of target dates for the proposed improvement project. Task Time Public Heari.ng December 1994 Field Survey December 1994 - January 1995 Design December 1994 - Apri11995 Bid May 1995 Construct Assess Project Initiation: 7une - October 1995 October 1995 The proposed improvement project was brought before the City Council by property owners in the Friendly Hills Neighborhood. Minnesota State Statute Chapter 429, "Local Improvements, Special Assessments" stipulates that a four-fifths majority will be required of the City Couacil to order this proposed public improvement. Summarv• As was stated earlier, this improvement project has already been before the City Council for consideration. One of the primary concerns at that time was the relatively high cost of the proposed assessment against benefited property for the City Standard Street Reconstruction option. Three methods were explored to reduce the cost assessable to the properiy this reconstruction project. The first method was to determine if it might be poss the total cost of the reconstruction project. The second was to increase the storm assessment boundary, if appropriate, to include all properties which receive benef reconsttuction project. The third option would be to determine if other funding : be utilized to contribute to the cost of this reconstruction project. By using a com these three cost reduction methads, that portion of the project cost assessable to tY pmperty owner was reduced significantly. In an effort to reduce the overall assessable cost to the property owner, I that high density polyethylene pipe (FIDPB) be specified instead of reinforced a (RCP). By so doing, a cost savings should be realized wluch should help to red proposed storm sewer assessment against individual property owners. The pmposed storm sewer assessment boundaty has now been expanded to properiy not already assessed within the entire drainage area tributary to Friendly : amangement and Pagel Road. The expansion of this storm sewer assessment boun add properties to the proposed storm sewer assessment roll which would not have assessed under the previous proposal. These properties include the Mendakota Pa� the fire hall property west of Dodd Road, the properties east of Dodd Road betwe� Hokah Avenues, and the properties which abut lots in Friendly Hills lst Addition Hokah Avenue. This would increase the actual number of properties assessed for and thereby reduce the storm sewer assessments for all properties except for those excluded initially. It would also make T� funding available for a proportionate s: storm sewer pmject cost attributable to providing for future redevelopment of the � P�PenY• I also recommend that Decorah Lane be reconstructed as a Municipal5tate and all costs which qualify for MSA participation be excluded from the proposed i cost to be spread among individual property owners. By so doing, a significant pc reconstruction cost can be eliminated from the total improvement cost assessed to i property owners. We have projected that a properiy owner's estimated assessment of a Reco� Project, which meets the criteria, of City Standard Streets, and which receives coni and gutter, to be approximately $2,700 (assuming there are not significant soil coi associated with the proposed construction) per lot. Those properties which do not reconstructed City Standard Street, but which are fully tributary to the proposed st system, would be assessed approximately $8Q0 per equivalent residential lot. We that the assessments be paid over a term of 19 years. Based on the reasons stated above, and for those outlined in the attached Task Force Report, a reconstruction project which meets all the criteria of City St� Streets, including storm sewer and concrete curb and gutter, is in the best interest, provides the best long term solutions to the street and drainage problems, of the F� �er for to reduce from the arces might nation of individual ete pipe the iclude all ills Re- uy will �n ProPertY� Creek and �uth of �rm sewer roperties re of the d fire hall sd Street provement ion of the curb on costs a sewer Hills Hills and Pagel Road neighborhoods. RECONIlVIII�TDATION• The Friendly Hills Re-arrangement, Pagel Road, and Hazel Court street reconstruction project is feasible from technical and financial standpoint, and caa be accomplished independent of any other project as proposed. I recommend that the Council accept the feasibility report, and proceed with the proposed improvement by holding the required public hearing on December 6, 1994. ACTION REQUIRED• If Council concurs with the above recommendation, Council should pass a motion adopting Resolution 94- , RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT FOR THE PROPOSID RECONSTRUCTION OF FRIENDLY HILLS R� ARRANGEMENT STREETS, PAGEL ROAD, HAZEL COURT, AND SUItROUNDING AREAS (IlVIPRO`�MENT NO. 92, PROJECT NO. �. MSM:dfw -� i �ii ♦ , .- ' ♦ . ' •� •• . � 1� I ■►I ♦ .■♦I � � � ■ ■ ♦ �1� ■�� S � . ., . ,� � .� ■,. �� =�� .� ■� ♦ O ♦ \ . � � t t� •■ ♦ ♦ � .� ■ ♦ +�� _�� w � .�1 ♦ �,�� � ; � ���� �� � ; �� � �� ��'j : ■� ■►I ♦ ♦ � � �i .�♦ e �� ■ ■ � ,�♦ ♦ ` � ♦ �► o♦ -� , .:: ■�.�� �� .;� . �.�._ ._�._ • .� PARK 0 . 'FR/ENOLY , H/LLS _____� .PARK N � NO SCALE � SHAD£D AREA NOT /MC[,Gl9E0 /N PRO„l�CT FR/ENOLY H/LLS /ST ADD/Tl o . . HO . , ; Qti � . . • 3� 30' ..��� �i� ��� '.�,� � '-�j �OECORAH'LANE-33'WIOE(PARKING ONE SIOE) 0 � � � � � '� � • . FRIENDLY HILLS STREET RECONSTRUCTION ' . FEASIBILITY REPORT JOB 9221 IMP �92-6 � �RAWN.,BY SAS �A7E II/9/94 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 94- RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT ] PROPO5ED RECONSTRUCTION OF FRIENDLY HILLS RE-A►RR�11 STREETS, PAGEL ROAD, HAZEL COURT, AND SURROUNDING (IlVIPRO`'EMENT NO. 92, PROJECT NO. �. WHEREAS, the City Engineer has submitted his report to the City i respect to the proposed construction of the following improvements to serve Reartangement and adjacent areas, to-wit: The construction of street improvements consisting of the acquisition of e the grading, stabilization, drainage and bituminous surfacing, the constru� concrete curbs and gutters and construction of storm sewer, on the streets in the area hereinafter more pazticularly described. WHEREAS, the area proposed to be assessed for said improvements is the City of Mendota Heights in Dakota County, Minnesota, and is more partici as follows: Those parcels abutting Aztec Lane, Creek Avenue, Fox Place, Hokah AvE Street, Cheyenne Lane, Keokuk Lane, Mohican Lane, Mohican Court, N� Oca1a Lane, Pontiac Place, Pueblo Lane, Pueblo Drive, Hazel Court, and WHEREAS, in said report said City Engineer reported that the proposed improvements and construction thereof were feasible and desirable and further re pmposed costs of said improvements. with v Hills ments and n of be situated :ed within described Apache Lane, ,1 Road. on the NOW TH�RF.FQj�i ��� g�g�gy g�OLVED by the City Council o� the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby received. Adopted by the City Council of the City of Mendota Heights this 15th day of 1994. CITY COUNCIL CITY OF MENDOTA Bv Charles E. Mertensotto, ATTPST: Kathleen M. Swanson Ciry Clerk FRIENDLY HILLS TASK FORCE REPORT FRIENDLY HILLS TASK FORCE INTRODUCTION: The Friendly Hills Task Force was established by the City Council and charged to identify issues, concerns, and goals, relative to diainage, speed control, traffic volume, and the repair or reconstruction of streets in the Friendly Hills neighborhood. Members of the Friendly IIills Task Force had their first meeting on 5eptember 28, 1994. After the issues were identified, the Task Force went on to select and support a number of solutions which they believed best addressed the street and drainage problems of the Friendly Hills neighborhood. Subsequent meetings were held on October 13 and 26, 1994 to fmalize and formalize the task force fmdings and recommendations contained in this report for presentation to City Council. This report identif'ies the issues identified and discussed by the Task Force, and presents recommendations for a course of action which was believed by the Task Force to be in the best interest of the neighborhaod, and to be a sound long term solution to the issues addressed. ffiSTORY: The streets in the Friendly Hills neighborhaod were constructed 25 years ago. They have outlived their expected 20 year useful service life and need reconsttuction or resurfacing. The condition of the existing streets are such that typical preventative maintenance practices no longer provides an acceptable driving surface. Some members of the Friendly Hills neighborhood presented a petition to the City for street reconstruction in the Fall of 1992. A feasibility report was prepared and presented at a public hearing on September 7, 1993. That hearing was continued until November 16, 1993 to accept further public comment. At that meeting, Ciry Council acted to defer any action on the entire Friendly Hills feasibility report, and instead ordered a feasibility report for Friendly Hills lst Addition. City Council accepted that report on December 7, 1993 and a public hearing was scheduled for 7anuary 18, 1994. After considerable discussion on the subject, Council adopted a six inonth moratorium on street reconstruction. Following that moratorium, Council in July of 1994 deemed it appropriate to establish a seven memher task force to address the Friendly Hills Street Project. The primary goal of the Task Force was to develop a course� of action for the project and present it to the Council for their action. A group of property owners in the neighborhood volunteered, or were approached by Council Staff to serve on this task force. From this group of 10 individuals the following v to serve. Seven Member Task Force: Name Mike Blake Robert Gilbert Don Harrington Fred Lambrecht 7ohn Mazcko Ralph Myhrman Doug Wenzel Address 2204 Aztec Iane 777 Keokuk Lane 2147 Aztec Lane 2182 Aztec Lane 751 Cheyenne Lane 736 Navajo Lane 739 Pontiac Place Addition 1 st 3rd lst lst 2nd 3rd 3rd The following three (3) individuals were appointed to serve as alternates. Three Member Task Force Alternates: Name Debbie Evenson Bernie Friel Ruth Hipp Address 2130 Fox Place 750 Mohican Lane 2124 Aztec Lane Addition lst 3rd lst Council stipulated that the three Task Force Alternates would not have aay privileges, but they were encouraged to attend the meetings and offer their input or DEFINPI'IONS• Bey Termis: City Standard Streets � � City Non-Standard Streets Municipal State Aid (MSA) Street Reconstruction Project ' Overlay Project Infrastrueture Replacement �nd Tax Increment I�nancing (7'I� �ark �nd Special Assessment Projeet Assessment Policy 2 ciry e chosen issues. City Standard Streets City Standard Streets are streets which are classified as either local or collector streets. City Standard local streets are of a 7 ton design capacity, constructed 33 feet wide, face to face, with concrete curb and gutter and storm sewer. City Standard collector streets are streets which are 9 ton desiga capacity, and are otherwise constructed to Municipal State Aid (MSA) standards. City Non-Standard Streets City Non-Standard Streets are streets which do not meet the foregoing criteria for City Standard streets. The existing streets in Friendly Hills are defined as Non- Standard streets because they are generdlly 30 feet wide without concrete curb and gutter, and have culverts and ditches, as opposed to a storm sewer system network. Municipal State Aid (MSA) Street This is a street which has been designated by Council resolution as a roadway listed on the community's Municipal State Aid Street Inventory. If a designated street is constructed to MSA Design Standards, all of the street project cost and a proportionate share of the storm sewer project is paid with State Aid fivads. Decorah Lane has been designated as a Municipal State Aid Street. Cunent M5A standards require that streets in this functional classification be constructed a min;mum of 28' wide, face to face, with no pazking; 32' wide, face to face, with parking on one side; or 38' wide, face to face with parking on both sides. Utilization of these funds is permitted to reduce the assessable cost of a project. Reconstruction Project This is a project wluch would upgrade existing Non-Standard Streets to meet the requirements of City 5tandard Streets, or MSA Streets, including storm sewer, and concrete curb and gutter. Overlay Project As used in this report, an Overlay Project is a project which would provide a new driving surface, and minor ditch and culvert repairs to the existing City Non- Standard Streets in Friendly Hills and would result in a Non-Standard Street. Infrastructure Replacement h�nd This is an item in the City Budget which was established to fund capital improvements to the City's infiastructure. One half of any project cost which qualifies Kj i for funding under the City's policy for upgrading of existing Non-Standard Ciry Standard Streets could be paid for from this fund and therefore would � assessed to the individual property owner. Most recently, this fund was uti� defray one half of the cost of the improvements necessary to upgrade the st� London/Downing neighborhood to reconstruct them as City Standard Street� Tag Increment �nancing (TI� Tax Increment Financing (TIF) is a funding source which has been to facilitate development or redevelopment of property which might not be economically feasible to develop or redevelop otherwise. Any full or pro share, of any pmject cost, which qualifies for TIl� funding would be excluc improvement costs assessed to the individual property owner, and those prc would be paid from TiF funds. The o1d fire station and commercial proper Dodd Road are parcels which would be eligible for TIF funds. Park Fund The Park Fund is a budget item in the City Budget to fund capital or maintenance of the City Park and Trail System. Special Assessment rets to be i to ► in the i from the �t costs east of This is a procedure established by State Statute whereby any project �st associated with a pmposed improvement which does not qualify for funding py any combination of alternative funding sources would be levied against the benefitted properties. I Project Assessment Policy T'he assessment policy for a Reconstruction Project would require tha� improved or buildable property fronting a street which obtains concrete curb gutter, be assessed a proportionate share of the street project cost by the unit The Reconstruction Project Assessment Policy would require that all propert� the area of the project (those properties which contribute storm water) not pr� assessed for storm sewer be assessed a portion of the storm sewer project cos assessment policy for a Reconstruction Project would require that all improve buildable property fronting a street, which obtains concrete curb and gutter, 1 one unit for stqrm sewer assessment purposes. Property which does not rece: concrete curb aad gutter, but is within the contributing (or "tributary") drain� the project, would be assessed a proportionate share of the storm sewer cost < basis of an equivalent residential unit in accordance with City policy. 4 all �nd nethod. within viously . The i or � assessed ve ;e area. of n the Fifty percent (50°b) of all assessable costs for a complete Reconstruction Project would be paid for by the City, and 50 % would be assessed against benefitted property. The assessment policy for an Overlay Project would require all improved or buildable property fronting a street be assessed a proporkionate share of an Overlay Project cost by the unit method. Zero percent (0°b) of all assessable costs for an Overlay Project would be paid for by the City, and 1Q0°b would be assessed against the benefitted property. ISSUES IDFNTIb'IED BY TASK FORCE: The Task Force identif'ied the following issues and made certain specific recommendations with respect to some of them as indicated. a. Need. The Task Force agreed that the streets in the Friendly Hills neighborhood have seriously deteriorated and are at the point now where replacement is imperative. b. The estimated cost of the improvement. The estimated cost of the Reconstruction Project has been re-examined by City staff. An in depth preliminary construction estimate was performed, and it appears that the currently estimated constniction quantities may be less tha.a those estimated originally because there has been an opportunity for more careful analysis. Furthermore, there are storm sewer savings to be realized by specifying high density polyethylene pipe (�iDPE) instead of reinforced concrete pipe. Finally, additional savings may be realized by design and construction methods not previously considered. c. The economic burden of the improvement to individual property owners. The majority of people in the neighborhood hold the view that the streets need to be resurfaced. Thus, even if the storm sewer system is not installed there will be a cost to the homeowners as a result of a Reconstruction or Overlay Project. Furthermore, the City has a special assessment deferral policy on the basis of economic hardship due to old age, or low income. Under this policy, �pecial assessments may be deferred. However, such deferred special assessments would continue to accrue interest on the outstanding principal until the property is sold, at which time the assessment would be paid. 5 d. e. f. g• Quantifiable bene�ts vs. assessments. The issue of whether a property is benefitted by aa improve� economic, and not a subjective issue. By State law, a properiy cann� assessed for an improvement in aa amount greater than the benefit r� properiy owner retains a right to challenge the amount of aa assessm� period of thirty (30) days after the Council adopts the assessment by I However, the Courts ia this state have already determined that the e� benefit from storm sewer and concrete curb and gutter reconstructior this type increase properiy values by two to three percent (exclusive increase for reconshuction of streets). Real affect on assessed valuation, property values, tages, and marketability. � A property owner's assessed valuation will likely increase as ANY special assessment. 5uch a valuation increase would likely, bu aiways, result in an eventual actual increase in real estate taxes. Thi valuation probably will not occur unmediately. Reconstruction proje type have been shown to increase the marketability of property, and increase and maintain property values. Conversely, failure to procee reconstruction project will likely contribute to a deterioration of real values. F�pansion of funding sources andlor assessment area. There was previously some perception that not all property wl contributed to the problems within the project area were contributing of the remedial improvements. The proposed assessment area for sto now includes all such properties within the dra,inage area. not already This increases the number of assessable properties and reduces the un be assessed because of certain economies of scale and other factors. of the old fire station property east of Dodd Road, it also makes avai source of funding property which is properly within the assessment d the effect of inclusion of that properiy is to further reduce the total a� cost. Loss of rural aesthetics in conversion to City Standard Street Sec � The issue of the loss of rural aesthetics when converting to C: Streets is subjective. The facts are, however, that the Friendly Hills neighborhaod contains gener�lly the smallest lots within Mendota He making it the most urbanized area in the City. C� �nt is an �t be :eived. A ;nt for a resolution. �nomic pmjects of �f the value ie result of not increased ts of this �1p to both with a the cost sewer costs to the case ►le as a rict and Standard h. Management of surface water runoff. Surface water runoff would be managed by a system of storm sewer pipes, catch basins, concrete curb and gutter, and concrete valley cross gutters. Each component plays an important function within the system. Not every intersection or home will have storm sewer constructed in its vicinity, either because it is not warranted, or is not good economic engineering design. Concrete curb and gutter by itself is an efficient and economic storm water conveyance facility. i. Management of higb, grouad water. High groundwater is a difficult problem to solve. Elimination of wet basements by a proposed reconstruction project due to high ground water conditions is not a likely result. The proposed storm sewer system included in a Reconstruction Project would be constructed to a relatively shallow depth within the street. In all likelihood, this storm sewer will be constructed above the ground water level and would therefore have no effect on it. The only possible way to deal with this ground water problem would be to construct a perforated storm sewer system at an elevation some distance below the basement floor elevations wherever this ground water condition exists. This would add quite considerable cost to the project, and wouldn't necessarily guarantee a solution. A Reconstruction Project would help to reduce the effects that surface water runoff has on groundwater recharge through the separation and conveyance of runoff within a storm sewer system. j. Traf�c and speed control on Decorah Lane. There is a perception that a great percentage of vehicles are speeding on Decorah Lane relative to the total traffic volume. Previous traffic studies have shown that even though speeding was observed on this roadway, it was no greater than what would be expected theoretically. Lane width, traffic striping, parking, and landscaping have been shown to have a slowing affect on traffic speed, and should be designed into this section of roadway. k. Decorah Lane street width and parking needs. � The consensus of the Task Force is to construct Decorah Lane as an MSA stxeet in accordance with MSA standards. Utilization of MSA funds to construct this section of roadway is advocated to reduce the total assessable cost for the entire project. The Task Force recommends that Decorah Lane be constructed 28 feet wide with no parking between Dodd Road and Apache Lane. The Task Force also recommends that a short dedicated right turn lane be 7 l. m. n. o. canstructed on Decorah Lane at the intersection of Dodd Road. T recommends that Decorah Lane be constiucted 33 feet wide, face pazking on one side between Apache Lane and Pueblo Drive in or consistent with City Staudard Streets even thaugb MSA Standards 32 foot width. Possible relacation of the Decorah Iane intersection at Dodd From a purely theoretical ti.affic engineering standpoint, it desirable to r�ralign Decarah Zane with Wagon Wheel Trai1. The work cauld be paid with MSA funds and therefare wauld not be a Task Force is of ths opinion that this r�;aiignment might increase t cas on Decarah Lane, and far that reasan is not recammended. Possible elinninati.on of the Pagel and Dodd Road intersection construction of the cul-de-sac on the narth end of Pagel. Task Force face, with rtobe quire only a Id be for this ed. The : volumes The remavaUor abandonment of Pagel Road was discussed be�ween Dadd Raad and Keokuk Lane. The consensus is that this section of z�adwaq should remain open as it has not been shown to be an unsafe intersec on, and it is gercei�ed to provi@e canvenient traffic access to the neighborhood.� Possible lowering of the intersection af Pagel and Keokuk. There was some discnssion about lawering the intersection of Road and Keokuk Lane. There is a gas main at the intersection whic: affected. This wark wauld increase the #otal cost of the pmject, may materially affect the intersection, and, in fact, may adversely affect a private property. The Task Forc� reevmmends that this issue be add� during final design. � Construction of a bus turnaraund or a Park and ltide facility Pagel and Dodd Road adjacent #o Keokuk Lane. There was discussian about the passibility of pmviding some parking at Keokuk in the vicuuty of Keokuk Lane and Pagel Road to Park and Ride Iocation for MTC bus riders and whether or not the 1V� be willing to share in thase costs. The Task Farce is of the opinion 1 would be �v�.ae a might gi�en the close proximity af the South Piaza Pazk and Ride facility, that this �s not warranted at this location. : p. Management of surface water runoff from the old fire station site. The Task Force recommends that storm sewer should be extended to this property which would allow future redevelopment of the property. A proportionate share of the storm sewer cost of that system would be paid out of Tax Increment Financing and would thereby reduce the assessable storm sewer project cost. q. Site restoration and preservation of significant trces. Lawns and driveway aprons would be restored to the extent they are disturbed. Every effort would be made to save significant trees. Where trees could not be saved on public right-of-way they would be transplanted or replaced with as large a tree as is practical from a choice of varieties offered to the homeowner at a location of his choice. A homeowner would be afforded the options listed above for trees removed from private property, or the homeowner could seek actual compensation which could offset aay proposed assessment. r. Possible street removal and conveyance of right-of-way on Pontiac Place north of Cheyenne, and Pueblo Lane south of Mohican at Molrican Court. The Task Force is of the opinion that it may be desirable for the City to consider the conveyance of right-of-way north of Cheyenne on Pontiac Place and also of the easterly most Pueblo Lane right-of-way south of Mohican Lane to the adjacent property owners. This would save reconstruction costs and future maintenance costs. s. Historical cost comparison of similar projects. Residents within the London/Downing Street Reconstruction Project indicated that the neighborhood was pleased with the results of that project. Th� costs for that work were split on a 50/50 basis between the City and the homeowner. The homeowner's share of those assessments were $2,336 of which $1,913 was attributable to street reconstruction and $423 was for storm sewer construction. t. Project Management � Project planning �methods exist whereby a network of activities and durations can be diagrammed to produce a plan which can be used to maintain an updated status for the completion of a project. Any of several network planning methods may be used, with the "Critical Path Method" being the E preferred method. The Task Force recommends that to the extent tb reasonable and feasible, City staff working with the Contractor seek in the project specifications a provision which calls for developing a� maintaining a progress diagram and the appropriate supporting repoi progress diagram shall show the relationship of all of the activities r� construct the project, with durations for each. Status reports shall b� dated, and will show planaed starting and completion dates for the v activities as well as the total project, and will show if the project is � extend over more thaa one construction season. The Task Force explored three ways to reduce the cost to the homeowner of reconsttuction project. One is to reduce the total cost of a Reconstruction Project. is to increase the assessment area to include properties which benefit from the recon the project, and the third option would be for other funding sources to contribute to for reconstruction. By using a combination of these three cost reduction methods, tl of the project cost assessable to the individuai homeowner can be reduced significan The Task Force recommends inclusion of the entire tributary drainage area Hills lst Addition, which would include pmperties not previously assessed. These include the park property, the fire hall property west of Dodd Road, the properties Dodd Road between Creek Avenue, and the properties which abut lots in Friendly Addition south of Hokah Avenue. This would increase the actual number of prope assessed for storm sewer and thereby decrease the storm sewer assessments. It wo� make TIF funding available for a proportionate share of the storm sewer project co of the storm sewer system. In an effort to reduce the overall cost to the properiy owner, the Task Force recommends that Decorah Avenue be reconstructed as a Municipal State Aid Street costs which qualify for MSA participation be excluded from the proposed assessme� levied against an individual properiy owner. By so doing, a si�cant portion of reconstruction cost is eliminated from the total assessable improvement cost. Based on the above assumptions, City staff has projected that a property oa assessment for a Reconstruction Project, which meets the criteria of City Standard which receives concrete curb and gutter, to be approximately $2,7(}0 (assuming th� significant soil correction costs associated with the proposed construction) per lot. properties which are not on a Reconstructed 5treet but which are fully tributaiy to storm sewer system, would be assessed approxi.mately $800 per equivalent residen 10 is ' include �. Such a �uired to calendar m � second �ction of � cost portion Friendly of 1 st l also for some �d all to be s estimated ets, and re not proposed lot. TASI� FURCE F�VIpINGS: The Task Force finds that an improvement praject designed ta upgrade the streets to meet the requirements of City Standard Streets, instead of simply an Overlay Froject, would have the fallawing effects on Friendly h[ills pmperty ownezs: a. Higher overall cost of constiuction. b. More serious construction impacts on the neighbarhoad. c. Langer relati�e constructian period. d. Greater relative neighbarhood inconvenience during reconstruction. Nevertheless, after consideration and discnssion of all the issues presented at several meetings over a periad of weeks, the Friendly �[ills Task Force finds that the following aze compelling reasons to suppart a proposed Reconstruction Pmject ta upgrade ta City Standard Streets, a, City payment of 5Q � af the cost of a Reconstructian Praject as cantrasted with 0� af the cost of any Overlay Praject. b. Revitalization of neighborhaod and unpraved aesthetics. c. Encouragement of residents ta uutiate and complete irmpmvements ta their private residences. d. Increased pmperiy valaes and prevention af praperty value deteriaration. e. Eiiminatian of boulevard ditches and dar�gemus damaged culverts. f. Visual and physical definition to raadways which aid driving and parking movements. g. Reduction of damage to property from vehicles and cansequent reduction in maintenance' cost. h. Creatian of a storm water dra.inage way within the road. i. E�ctension of pavement service Iife for streets with cancrete curb and gutter. Facilitation of street maintenance activities and associated cost reductions with concrete curb and gutter. 11 k. l. Affording an appartunity to correct unsuitable subgrade Reduction in ice problems during cold weather. TASK FORCE RECOMMENDATIQNS: Upon careful consideration of all the concerns expressed by the neighbo �[ills Task Force recommends that the Mendota Heights City Councii promptly Reconstruction Project, consistent with Task Force Findings, to upgrade the stt Friendly F[ills neighborhoad to the requirements for City Standard Streets, incl� and gutter and storm sewer, MSM:dfw 12 �d, the Friendly �r a street in the entire a concrete cnrb � �' � TO: FROM: SUBJECT: CITY OF MENDOTA HIIGHTS MEMO November 9, 1994 , Ma.yor, City Council and City Adminis t James B. Danielson, Public Works D' o Lilydale Storm Water Project No. 1 Riverrain, Riverwood & Lilydale Townhomes DISCUSSION: Rivemain Townhomes located in Lilydale have been plagued with Storm problems. These problems were increased with the construction of Riverwood � now with the construction of the new Lilydale Townhomes, a plan to correct the been arrived at. Mendota Homes, the developer of the new townhomes, is consl portion of a new Storm Water system ($72,046.90 plus engineering fees and ove City of Lilydale is constructing a portion of the new system ($132,874.37 plus e: fees and overhead) and Mendota Heights is to consiruct a portion of the system ( including engineering fees and overhead). runoff ents and ;m has >a � . The ,178.45 This pmject is an inter-community project that has been reviewed and endo�sed by the watershed and Mendota Heights is required to participate. I have attached a copy f the plan that shows the area. iavolved and Mendota Heights' proposed contribution segment is highlighted in green. As you can see from the drawing, part of Mendota Heights' construction a a crossing under Trunk Highway 13. Mn/DOT has been contacted and a meeting with them on Wednesday November 9, 1994 to discuss the project. At the meetin agreed that the project will benefit them and they are willing to participate in the c Mn/DOT is currenfly reviewing their funding options, however the most logical o; be for a City-State Caoperative Agreement similar to the one that is being used to signal at Dodd Road and Mendota Heights Road. If we have to use cooperative a� funding, the FY95 fundi.ng has already been totally committed so we would need i FY96 funding. The application for FY96 funding would be submitted in March 1 pending a successful application, construction could begin no sooner than July 19S Mn/DOT is continuing to look for another source of funding so that the constructi� completed with the Lilydale project that is ongoing. Mn/Dot's share would be in neighborhaod of $20,0{?0, and because the segment that they are funding is within Heights area, this amount would totally go to reduce our share. a includes as held Mn/DOT �ts. ion would �stall the �ement apply for ►5, and i could be e ie Mendota ,A e RECOMIVV�EIVDATION: It is a requirement of the Lower Mississippi River WMO that Mendota. Heights participate with Lilydale in this Inter-community Storm Water Project. I recommend that Mendota Heights agree to participate in this project for up to the WMO calculated cost share level of $39,178.45, subject to a reduction of any Mn/DOT cost share received. Funding for this project would come from the new Storm Water Utility. ACTION RFAUIItED: If Council desires to implement the recommendation they should pass a motion adopting Resolution 94- ,"A RESOLITTION AUTIiORIZIIVG MIIVDOTA HEIGH'TS TO PARTTCIPATE WITH LILYDALE IN LILYDALE STORM WATER PROJECT NO. 1. " � � City of Mendota Heights Dakota Caunty, Minnesota RESOLUTiON NO. 94 "A RES4LUTION AUTSORTZING n�IENDOTA HEIGHTS T4 PARTICIPATE WITS LILYDALE IN LILYDALE STORM WATER PROJECT NO. 1".� V!�i',CRF.�AS, the Lawer Mississigpi River Watershed Management Organi� (WMO), has reviewed and endorsed Lilydale Storm Water Praject No. 1, wherein �Ieights contributes water; and V"VHE�A5, the �TMO z�equires appropriate funding participation by communities when their surface water crosses community boundaries; and WATREA►S, Barr Engineering Co., the VVMO Engineer, has calculated the Heights cost share rate to be $39,178.45; and �"VI�E1tF.AsS, M[n1D{JT alsa c�ntributes water tv the project area and has ag�'eed to participate at a level currently being established. � NOW �8'EREFORE, IT IS BEREBY ItFSOLVED that Mendota Heights a�rees to participate with Liiydale in funding Litydale Storm Water Project No. 1 to a cast sh amount of $39,17$.45, subject to a reduction as funfled by Mn/DOT. Adopted by the City Council of the City of Mendata Heights this l�th da.y of 1.994. ATTEST: ; .� Kathleen M. Swansan City C1erk crrY co�cnvcu. CITY OF MENDOTA HF.�GHTS By Charles E. Mertenso€to, Mayor � .:* --�• CTTY OF MENDOTA HIIGHT5 i:� • November 9, 1994 TO: Mayor, City Council and City Adminis FROM: 7ames E. Danielson, Public Works D' SUBJECT: Mendota Heights Road Speed Reduction DISCUSSION: The City continues to receive complaints from residents about traffic p associated with Mendota Heights Circle's intersection with Mendota Heights � combination of having a sight distance that is less than desirable together with Mendota Heights Road, make entering Mendota Heights Road from Mendota : difficult. There is no easy or apparent solution to the problem other than that Heights Circle residents need to take extra care when accomplishing the manei The residents ask that Mendota Heights petition the State to reduce the sp MPH along this stretch of Mendota Heights Road. I am not very optimistic that approve such a request, but the only way to know for sure, is to ask. RECOA�IlVIENDATION: I recommend that Mendota Heights request the State to lower the speed : Mendota Heights Road from 35 MPH to 30 MPH from Lockwood Drive to Do+ ('TH149). The basis for such a request is for safety because of the limited sight ACTION REQUIRED• If Council desires to implement the recommendation they should pass a� adopting Resolution 94-_, "A RPSOLUTION REQiTESTING MN/DOT TO SPEED LIlVIIT ON MENDOTA HIIGHTS ROAD". A �rs on s Circle limit to 30 �DOT will ut on Road .�. CITY UF MENDOTA HEIGHTS DAKOTA COUNTY RESOLUTION NO. 94 "A RESOLUTION REQUESTING NIN/DOT TO LOWER THE SPEED LIlVIIT ON NIII�TDOTA HEIGHTS ROAD" WHEREAS the residents living on Mendota Heights Circle In Mendota Iieights are being adversely impacted by west bound traffic on Mendota Heights Road because of poor sight distance; and WHEREAS the only possible way to improve the safety of this intersection is to decrease the sgeed limit on Mendota Heights Road. NOW THEREFORE IT IS HEREBY RESOLVED that the City of Mendota Heights request that Mn/DOT favorably consider a request to lower the speed along Mendota. Heights Road from Lockwood Drive to Dodd Road to 30 miles per hour. Adopted by the City Council of the City of Mendota Heights this 15th day of November, 1994. CITY COUNCIL CITY OF MENDOTA HEIGHTS : ATTEST: Kathleen M. Swanson, City Clerk � Charles E. Mertensotto, Mayor � �.�* _' � CTTY OF MENDOTA HIIGHTS �� • November 9, 1994 TO: Mayor, City Council and City Adminis FROM: James E. Danielson, Public Works D' SUBJECT: Mendota Heights Road Speed Reduction The City continues to receive complaints from residents about traffic proble associated with Mendota Heights Circle's intersection with Mendota Heights Road. combination of having a sight distance that is less than desirable together with spee� Mendota Heights Road, make entering Mendota Heights Road from Mendota Heigl difficult. There is no easy or apparent solution to the problem other than that Men� Heights Circle residents need to take extra care when accomplishing the maneuver. s on Circle The residents ask that Mendota Heights petition the State to reduce the speed �limit to 30 MPH along this stretch of Mendota Heights Road. I am not very oprimistic that Mn/DOT will approve such a request, but the only way to know for sure, is to ask. � RECONIlVIENDATION• I recommend that Mendota Heights request the 5tate to lower the speed lin Mendota Heights Road from 35 MPH to 30 MPH from Lockwood Drive to Dodd (TH149). The basis for such a request is for safety because of the limited sight di ACTION REQUIRED: If Council desires to implement the recommendation they should pass a� adopting Resolution 94-_, "A RESOLUTION REQUESTING MN/DOT TO SPEED LIlVIIT ON MENDOTA HIIGHTS ROAD" . CITY OF MENDOTA HEIGHTS DAKOTA COUNTY RESOLUTION NO. 94- "A RESOLUTION REQUESTING MN/DOT TO LOWER THE SPEED LIlVIIT ON MENDOTA HEIGHTS ROAD" WHEREAS the residents living on Mendota Heights Circle Ia Mendota Heights are being adversely impacted by west bound traffic on Mendota Heights Road because of poor sight distance; and WHEREAS the only possible way to improve the safety of this intersection is to decrease the speed limit on Mendota Heights Road. NOW THEREFORE IT IS HEREBY RE50LVED that the City of Mendota Heights request that Mn/DOT favorably consider a request to lower the speed along Mendota Heights Road from Lockwood Drive to Dodd Road to 30 miles per hour. Adopted by the City Council of the City of Mendota. Heights this 15th day of November, 1994. CITY COUNCIL CITY OF MENDOTA HEIGHTS �� ATTFST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor ♦ `"�'r �'. . � ;,,� :. `�i i--- ' -- ' _ � � ` c, ,""w-"�".� ' ; . .� f/dOGE Y_3tr S, � NATUAE CCMT • �..� r - Y�;- , ( . . _._ - ._; - 1 . : . : . . . . . . � + � - �� _ . . _ �� � '1" ' ' � _ � \ � _`� � � � _ /M[ � • ♦ � � ��' ••• • • • � • • � » . . �..../-- � Ci� . i • i 1rc il.,, ;�,; . 2� " • • �� ' F `_ � -- . _ ��_ � y' = - ' • �: . - • • . • Y '�, :�,: _ � _ ) �.�a :, �i • � ♦ � --�L/,_ � � */y • � �.� �� � � �j� � f �` � . '. . �� } � . . — - � _�� ,�. ' '� � � � � '�` �tr �/�, { « < ' ' . � • _ �� _, -- : : ` _ . � A, -' a � _ �. .� _. � .r- �r - • � m =� � i• . . •. • r �. _ T.�_ MARE� _::.1 � • • • � � • . � � • I � • � • � •' • _ • • + �� • ' �� 't • -- ARK ��- ._ c� t s s � • ' • "" �. « •r ' � b� s � Z'• � ♦ • � � � • y( � � � • � � � • • • • , . � � � ! • • . ,. ' • • � � • �/+ �_ _ • • • + • • • • • � �a} • � • • �..� 1,(,L, • • •• w � • • .�• • • '_ • • • � * • • � � —• — • • 1 � •� . . . . . J� •. • .,., _• .� • • ' : -`,, t,� •: • • .�-_-�. . . ,. � • • • • , • • � � . � • � � .�,..i'c- � _ . . • . . . • • • • �• • ' -- � � -� ;�..• • • • � •� I - -- . •.+ ♦ • • f • � ! - � � � • • � • •�i • • • • �� � �. v _ ' • •• � ♦ •�•� � • • • • i * "�• -- � � • • � • • • • • � �� � � • • • 4 � • • � • � • y � O� .ui « • ' •• • • + • • . ''• ' � � • ' � � � • � • y• • s • � .�. 1.��� %" • 1 � � i �" . � � w • • • • • • � � � • • • • * � *!� / • � - .R � � � � • • M � • • � •,� � • • � . � . • • ' � • • � � .. �i"1 � • r t • • • • • • • • • • • • • � � • • • ' • � ' i � • • ♦ ••♦ ��l�i « � �•! � • ••-y� � • • � / • • • � � q • • ..4 "_ • • • �� • ' r • � . ' �. ! . , . � � . � , ' � � , • �: . JJi : ; . ., .• . � • • • ' . • a =�"' • . ' ': ' _•: • f . • • ' '� . � • ' '• • � . -,1- � . . � _ • ` � ::_�.,_. • • •` . • � • • • • • + � � � • . . / • • � , l ii� 1 • • � ' • � _� . • - . � ' / � • __ _ •� • �� \� � � �� �• � „ • •�• � • �"� � . `� •;`• . _ � � '"`��.,,` , . . , . . ,. � -w ' J I • i • 1 , f Is . s t � • i � f ♦ • • t • � • • '� 1 � • � + �^ f + � � + • • � • •� • i 1 r� ' • • � , �I • \ ., t ' 1 • • i • • � • i • � • • i � • f • • • • � i • • � � �. � � � � � . � / � � � • � 0 .,R � � � � � • . � ( ��� ' �� � ' ' •1. Cr`j f • NAv 4Yt � i wE�: � � � ' y - * ♦ �i �' • � • � ��� � � � � • � � MAGS� • � � � � . . - �.( � • M �. tt7M � � `�� r, �-_i • • , + PAIM h� • s � ..`�.: "/ / - � • � i ♦ i s � i`1. .� � • � � � ' � +. � • � • � 1 � z +�� �,� :' j,' ,f tr � • F � • / � • � i, �� � ��� � • � � ��.�"�..•„ t �,.. fi •� ,� •� :_ ,." , _ . i •.:- - � M' ' /��� xOA . d�' � • • � • f � _ J ' � ! IIVIR � • �+� I u � y .. — '� .—_ f '• , � �M � • • � '� ' �� i a.� 7 �. � ` � • • � : �1 � � _ __ • 1 ,,, � / � .� � • —��' j� : - - � , ' _ r�`"_ � •,� , - - — . • . r� ' y '�,. *, . � r ��` " � .L,�i_ � �'� : r..'_ -'.,----`.,.���� S t _ �' _ n �� ` v� � "`� : � " ( ""1 � : � _ �� t . _ . \ �y � � r •... T. I .� �'� � • ' `, _ � - �..._.r �;.. � - � ___ � . 1� �_ : .: +� . _ � _��.. ~� �y1 • �: , � --c�-..� ._ . _ - : ` -- �` =�1---.,,,_�_ •' - _ - _ - _ -- - -�ax- ` -c�tm�tir- -- �ac - - -'= �"_� _ _ - � . _' ' :. .,.. � /�_� �,,,� �. .- . . _ ` .. �.� .``�` ` _� ^�-�y , � , • . ./, ; y�:rJ` :"� '� . . . ., . � � =.., . l� .. • ' %� , •.;•:�Y..- �. .i' . . - •�•�'' • .,�: f/ - _ . . ' �'J__...��� ./� . . . • � .... . . .. . . . . • . � . ' ' ' I '�� ` r/�i'. ! ' � i , .r � ~ � ' \ � i �� fi / - t �� i ( _ , � � I"`� � � . ol /� � 3 ` ��� � �\ � � � - �_ �' � � ! � � � 1 h '/ � TO: FROM: SUBJECT: CITY OF MENDOTA HIIGHTS ��:�T • N ember 9, 1994 Mayor, City Council and City A 7ames E. Danielson, Public Works D' . to Le�ngton/Marie Pond Dredging Update DISCUSSION: Money was budgeted in 1994 to dredge the Le�ungton Avenue/Marie AvenuE attached map). This dredging process is best completed in the winter when the grou frozen and includes three steps; 1. Removing some trees and bnish to make a path dredging equipment to enter the pond area, 2. Pumping the pond dry after all threa are past and 3. Removing the pond sediment this winter after the area has frozen soi to support the removal equipment. The gond will then refill with water from the sp� runoff. On Wednesday this past week step one was accomplished and the neighbor li across the street from where the trees were removed called City Hall to complain. l concerned that the rest of this operation, because of its very visible location will rec scrutiny. I am therefore intending to notify those neighbors affected of the impendi As a first step in this notification process, I am writing this memo to update Counci intend to write a letter to all landowners that adjoin the pond informing them of the pmject. Finally, although they have said there is some question on whether or not ` permit, I am proceeding to obtain written permission from the Minnesota Departme� Natural Resources to complete the work. ACTION REQUIltED• None. For your information and comments only. pond (see �d is For the ts of rain id enough project. I next need a of ,., �� �� ������� �� � �� 0�0 F�j� : ��p �V� � "�a7 Co�o�%�iV x ��,� .� ,,�� n'� .���`,.� o G � ,� �e��e� ��a°����� � , r����' � eb`��i/`,dD�on��lii� ,/���l�o �� �:�r•,,� , I, ' , ♦ �s � ��� ���� .:. �• � � eeeeeeeeaeeeeee - � �: '' �'` � .e �" � ,1 s�''�'��� .;ii��• o` v ... , � ., � �+ �i ,� � •R'`�'� �� ��O:OQ����s� ��n,� � � •,.�..,..�r ; � ��,� �:'��� �e�o�- 0 0 r.� �. � aa,�C �. ��Dd�� �or��-oii000�s� �o�� �,■c. .......�. .�� .,. � � a`��o�s�s � �, �.'�� �e� e���� �� �- ,_#��.. a�v o��r.........�..... � ,a,, �,�,, a�Q:� ti � ��„� v ��' � �, ■!� ■� a o�' � 4,p� 4l�ee�,4�'�° - �► �� �Q p .Q"�'l�p��0�•...•,�,�. , , �, �*� �,o:�a c��,,,,apl�i�.e�_ r► „� d � w�aa: ara_ �'� a�- �!;#�►;� Q,Q�-oo��oNo�- �i3��4►� ���: �' � �i��� o"' �'� ao..� o0000 00������ ��-� � �,, ,,, • :- , :;�,�;, � ■1��. a��' o �-�vaoer,�`'`-�- �" ���,: . v s � - ,;.,.,�.. � � v►o� _v �oaoe � � � � � .. � � � d�dD�j'a �.�is !!�'��''� �-;: •.;� ��► � ��y r, �'r��Q :Q �Rt��r,���� y ;� � �e� �� i eee o�� , �-�oeD-� � ��rQorQe :� �� �e��d� .��. irr•� �+� =-�.' . • i��• '�� �i� �, j �� T:=� � �O�i ood�- �Ode� �ee� �■ a�vs�r� �. � �''� �s"" �, �_ „ �- s o:..�.� �� .�id�doa.�► .� �� , .,.,,,.. � , � ���,o�� q�ji�" '-- ; .�a � '�....«�. ,r� � 000�����=�" �o► o I - .�.. ,... Y�� � --- L -� �.� -� ------- --: : ._ _...l.� ,.,,,,,,_._,_„ _ _ _ -- -- �: -�--� � �C --�rr—, ��� �� : � - �������i.� . . . . . O�vo;;.�►. � I 0 � :v.o� �� vo , � � �� �,D �p i . , , `��,.�.�d� � � fi�� � � � �. ��°°"s��o ' �' � -�- O`�o"' ,� o„s,� i /� _� ;pq ■ � - -� r `� � e�,,r��`b► � O �'�� � �- �cj • oe d'� ��`a � ��.,,. ��.,�.., r � �., �.,.� � � �'�=� � ♦ p.�v�: � � =a�to�� �� � �; . � ► "'° �,ja��o�v' 1 #!I oa t �� � . � � : \ ��w��� �II1���������� ��� . .o:� � II�� i,a ' / I � / � ' r 1= � ,�'-�� � :� � � ' �� � � a� , � � �'�"'.:,�' ��'v ' �� �:. � �' a. !�� �.�.�.... - - r . • y J ,rp �, .. +.� �� �r � �. 4ry �� � ���� � ,�, �. � , � .� �eeo �eo�� � � �.,.,�. :��4 --:, r-�� -- � • � �: �';OO�hiOOOAOI � -- � � �.�� ��eeeeeeeeee CITI' UF MENDUTA SEIGHTS 1V�11�0 November IQ, 1994 TO: Mayor, City Council and City Ad ' FROM: Fazks and Recreation Commison and Guy Kullander Pazks Project Manager SUBTECT: Landscape Improvements to Ivy Hills Park � BACKGR(}I;i��TD: As part af the Ivy Falls Storm Project, the e�istang pond ' the pazk which ha holding capaciry of 1/2 acre feet of water was enlarged to hold�acre feet of water. trees were removed from the enl�rged pand area. Eight ar ten smaller #rees were rel the park, all but two af these trees have died. Five 2" balled. and burlaped trees wen in the ccfnstructian contract to be instalied in the park and wildflowers were to be pla the steeper slopes around the pond. These enhancements to the park cost between tvs three thousand dollars. The total restoration costs for the creek are.a. which included improvements to the backyards of the abutting lots cost appmacimately $7S,OQ0 in d�u to the contractor. City staff as well as members af the Park and Recreation Cammission have comp]aints fram residents living in the vicinity of the park of the devastated look of following the excavation for the enlarged pand and the construction of the ten foot � berm on the southwest end of the pond. Several requests ihat additional plantings aa landscape amenities be installed to improve the loaks of this pazk have been voiced l residenis. DISCUSSI4N; Develaping A New Landscape Plan The landscape �Ian in the original cc�nstruction dacuments consisted of the smaller t�rees and insta�llation of fi�e additional trees and planting af wildflowers a pond. a Marny catect in included ted on � and casts e park h earth other a�rea the � The park and Recrea.tion Commission desires landscape planting beds, additional trees, wildflower planxings in unused areas ta help reduce maintenance costs, and stane sea��'ng areas to focus picnic use in certain areas around the pond. ( A plan could be developed by City staff working with the Park Commissioners or by engaging the services of a landscape consultant. I�nding Funding for the development of a landscape plan and the implementation of the plan would come from the Ivy Falls Creek Storm Project Budget. The feasibility report estimated the totai project cost to be $1,011,000. Approximately 10% of the project costs are to be paid by assessments to 23 pmperty owners abutting the creek, with the remainder of the costs to be paid from the Storm Water Utility Fund. RECONIlVIENDATION: The Park and Recreation Commission recommends that City Council authorize additional money from the Ivy Falls Creek Storm project to develop a landscape plan either by staff or an outside consultant, and then implement this plan in the Spring of 1995 with a total payment not to exceed $20,000. ACTION REQUIRED: If Council desires to include additional landscape improvements to Ivy Hills Park they should direct staff to either prepare a new landscape plan or engage the services of a landscape consultant to prepare one and to implement the plan following Council review and approval during the 1995 construction season. Total cost of the plan development and improvements should not exceed an amount to be determined by Council. GK: dfw Attachments Parks and Recreation October il, 1994 Page 3 IVY PARR LANDSCAPE PI�AN Vice Chair Spicer stated he understood that the landsc that the Parks Commissian had discussed with the Eng Department last year did not.work very well and t; beautificatian is needed in ivy I�ille Park. Parks Manager Rullander etated the City had received many ca about the lack of landscaping in the pond area and tr pretty bare in this area. Rullander s�ated the contra mixed grass seed with the wild flower aeed when see slaped areas alang the road and t�he berm. Rullande this is a large budget project and that requesting ad funding to provide adequate landscaping in the something �he Parl�a Commis�ion shauld consider. Vice Chair Spicer inquired if $15,000 to $20,000 guideli.�e, with the glan done bg City staff woul responsible approach to addressing the landscape issuE Hills Park. The Parks Commission discuseed apps funding amaunts to provide adequate landecaping in th� Rullander stated i� the Parks Comm�tssion desired this by a landseape consultant, it would cost approximatel� to $5,p00 for design services. Commissioner Libra recommended that City Council. au1 money from the Svy Fal1s Storm Project to develop a laa plan either by staff or an autside consultant, and t implement the plan in the Spring of 1995 with a not to total cost of $20,000. Commissa,oner Norton aeconded the motion. AYES; 4 NAYS: 0 The Parks Commission discusaed the types of ameniti would like incl.uded in the Ivy Hill.s Park 3.andscape pI� Commission discussed providing planters, either made rock or li.me�tone, paved trails, tree plantin� wildflowers, and cattai�.s and marsh grasses for the we The Commission stated a firm Ghat specializes in wiI piantings shoul.d be used ta es�ablish tho�e areas des on the plan for low maintenance natural wildfZower or grass areas�s �AR'�R. RESOIIRCPS LDIICATIC?N PLRAN ssion • � M t more Fra j ec� �laints : it is :or had ng the stated tional. :rk is as a be a in ivy park. �e done $2,504 idscape hen to exceed �hey The t of and lower Administrative �llssistant Batchelder stated he had contbined two issues into one agenda i.tem. He stated the Parks Commission has discussed pond preservation at past meetings and had been kept up-to-date on Dako�a Caunty's water resources education .��• CITY OF MENDOTA HEIGHTS October 6, 1994 TO: � Parks and Recreation Commission FROM: Guy Rullander, Parka Project Manager SUBJECT: Landscape Improvements to Ivy Hills Park DISCIISSION City staff has received numerous calls regarding the lack of an adequate landscape plan for the restoration of the Ivy Hills Park following the construction of the dike and enlarged storm , water detention pond. The original construction plans for this project included moving some existing�trees and adding six to ten new trees to replace trees which were removed for the pond enlargement. Most of the transplanted trees have died. Due to mis- communicationa, diatinctive wildflower planting areas were not established as was originally intended. I have looked at the final grading with Parks Leadperson Terry Blum and with Commissioner Linnell. I have also reviewed the comments from aurrounding residents who have voiced displeasure with the existing restoration of the park. Some of the ideas proposed are to construct planters using granite or limestone blocks similar to those we intend to use at Kensington Park. These blocks could also be used to create seating or focal points in the park for walkers or picnickers. Distinct wildflower areas should be established by a firm specializing in this work and additional trees would be planted to replace those that have died. If staff prepares a plan, Commissioner Linnell has agreed to review and make recommendations on the selection of plant species we should install. � RECOMMENDATION I recommend the Commission request Council i�o autharize �unds form �he Ivy Falls S�orm Water Project to be used to make ce tain landscape impravements in ivy Hills Park. As a final plan ha� not been prepared, no exact cost estima�e i� available. The type of improvements described above would cost in the $12,400 to $2b,000 range. � ACTION RL IIIRSD Following discussian, �he Commission �hould do one o�-�he following: 1. Determine that the existing Ivy Hill Park restoratibn is ' adequate. ( , : 2. Direct sta�f to prepare a landscape plan of the Park incorparating the above design elements {s�aff Gime ould be funded out of Special Park Fund). ( 3. Request Council to authorize monies from �he Ivy Fa].ls Stazm Project to prepare a l.andscape plan either b�r staff or an outaide consultant and then �o implemen� the plan $n the spring o� 1995, with a not to exceed total co� t of < �� � ,�� October 21, 1994 City of Mendota Heights Planning Commission 101 Victoria Curve Mendota Heights MN 55118 Re Mendota Homes, Inc. Planned Unit Development Applica Dear Honorable Planning Commission Members; I, the undersigned, wish to submit the following i opposition to the proposed PUD as submitted by Mendota f for discussion and consideration by the Commission. Issue 1: Whether Mendota Homes is the proper applicant for a Use Permit for a Planned Unit Development ? on s in ; , Inc . .tional No; Sec 5.6(2) states, "All applications for a conditi!onal use permit which are initiated by the owner or owners of the�property in question...."(emphasis added). Mendota Iiomesf Inc., incorporated April 3, 1991, is not the owner of the property but only holds an option to purchase. Therefore, Mendota Homes is not the proper applicant, and lacks standing under the ordi%ance to pursue the application. ' � The language of the Ordinance speaks of "owner or owners".� Such a requirement appears to be intended to preclude the possibility of multiple concurrent applications for a Conditional Us�e being brought, and to ensure that the applicant is motivated, interested, and has a substantial stake in the efficient pursuitl of the application process. Mendota Homes, appears to be less than a motivated, in applicant with a substantial stake in the outcome. language in the PUD Ordinance, specific requests from the Commission, and comments in Planning Reports submitted Commission by Dahlgren, Shardlow, and Uban have clearly s what information the applicant is obligated to prov Commission. Nonetheless, the Planning report dated Septe 1994 still set forth a plethora of areas of non-complia� fact, there was such substantial noncompliance that the a was forced to request the removal of the application i September 28th meeting. This compliance failure, and resulting removal from resulted in great inconvenience to members of the those who did not receive notice of the removal and meeting, and those who had spent time and effort in p the meeting. 1 Express to the ecified de the ber 27, :e . In plicant ^om the the lagenda, public, both atten�ded the repar�inQ for a i The right to a Conditional Use permit for a PUD is not right, but is a discretionary privilege which may be gr the community interest and all of the conditions specif 22.2. are found to exist. It is in the community interest that whomever ultimatel� the property in question not only be financially able tc the project as required by the Ordinance, but also has e: and exhibited to the Commission a solid understanding a� to comply with the Ordinance's express language as we underlying purposes and intent. Mendota Homes has failed with the express requirements of the Ordinance in a time: Issue 2. Whether a variance may be granted to Sec. 22.1(B) the impervious area not exceed 25$ ? absolute ted if in d in Sec. develops complete tablished d ability 1 as its to comply v manner. that No; Sec 22.1(B) unequivocally states, "... notwithstanding any other provision of this Ordinance to the contrary, the ratio of impervious surface to the total Project Area shall not be more than twenty-f ive to one hundred ....". The language of the Ordinance is very specific and allo�s for no variance. Twenty-five, 25�, is the maximwa impervious area allowed. In addition Section 22.3(6)b, requires a varia�ce to be, "fully consistent with the general intent and purpose� of this Ordinance." � A variance from the 25� impervious surface area requirem� allowed by the express language of the Ordinance . Sec provides that a PUD may be approved only if:(i) � conditions in Section 22.3 are found to exist; and (ii) determined that it is in the overall community inter� so.(emphasis in the origina.I). One of the conditions spE Sec. 22.3(6)(e) is that the proposed development "� threshold conditions specified in Sec. 22.1. Sectio limits the impervious surface area to 25�, and is not . waiver or variance. Moreover, Mendota Homes has not setforth any evi� demonstrate a hardship to justify a variance even assu� variance were allowable under the Ordinance. In fact Sec. specifically prohibits granting a variance "... solely on of financial advantage to the applicant." The Commissi� also note that the requested improper variance is not a 5 variance. Rather, as the maximum allowable impervious sur is 25�, the proposed 30.46� impervious area exceeds th� allowable by over 20� not 5�. The purpose of a PUD is to allow for "clustering" and not c Section 22.1(B) requires the project to be entire�ly res: and the housing be "clustered". Clustered as definec 2 �t i s not ion 22.2 of the if it is ;t to do :ified in :ets the 22.1(B) bject to ence to ing such 22.3(6)f .he basis n should percent ace area maximum .i vwa.a.a.iay . .dential, l in the Ordinance allows placement in closer proximity that permitte purposed of a PUD is to allow for placement of developm concentrate in one portion of a property while leaving portions as common open space. The proposed development dc cluster development in such a manner, but is uniformly space the entire property, and is not within the intent and pur� the Ordinance. Issue 3. Whether a variance may be granted to the Section 22.2, and 22.3 formula for determining the number of dwelling units w be constructed within the PUD ? No; Sec 22.2 states, "The use of more flexible regulations development of land under the Planned Unit Development Sect be approved only if �. of the conditions in Section 22.3 ar to exist..."(emphasis in original), and Sec. 22.3(2) lim density to that of the underlying zoning, while Sec. clearly sets forth the method of determining that density/nu units that may be constructed. The PUD as proposed does n these requirements. The express language of the Ordinance prevents the grani variance from the density limits of the underlying zoning forth the formula. Using the prescribed formula the maxim of units (10,000 sq. ft. per unit) which may be construc� and not 36 as proposed. Even assuming that a variance might be permissible Section expressly prohibits the granting of a variance based sole basis of financial advantage to the applicant. There wou to be no necessity for 36 units other than the financial � of the applicant. Issue 4. Whether the project area is 10 or more acres as required 22.1 within the neaning of the Ordinance ? No; the authority for allowing a day care center is Sec Conditional Uses, and is separate from Sec. 22 et sect Plar Development. Further, the prior sec. 22.3(3) defined the area as,"all the land within the PUD which is alloc� residential uses, or for common open space...". The successor to this section 22.1(B) requires the develop� "consist entirely of residential housing...". A day ca residential or common open space, and therefore, may� considered as a part of the PUD. I Further, the residential units will receive no direct be the day care site. None of the day care site will be co within the meaning of sec. 22.12(2) which requires ,"[c] space must'be used for amenity or recreational purposes. �3 , The nt to other s not . over se of may in the .on may � f ound ts the ;2.3(3) nber of rt meet g of a �d sets number � is 33 2.3(6)f � on the appear by Sec. , 7.2(s) ned Unit project ted for current ient to, � is not � not be fit from on space mon open nor will , � any of the day care site be conveyed in accord with sec. 22!13, �t seg to a homeowners association, or public authority as required. The entire site will be fenced, and use by the "mature" residents of the townhome portion of the development will not be allowed. Therefore, for the above reasons, the day care site can not be included in the project area, and the site is less than 1� acres as required by Sec. 22.1. Issue 5. Whether Mendota Homes has satisfied all of the required of Section 22.3 ? No; The information submitted by Mendota Homes is insuffi satisfy the requirements of Section 22.3. Mendota Homes h� to submit sufficient evidence of its financial fitness t completion of the PUD as required by Sec. 22.3(1)c. The 31, 1993 Balance Sheet, and Statement of Income and Expe outdated, and exhibit a lack of financial resources to c the project. Omission of a statement of cash flows also impossible for the Commission to make a determination r Mendota Homes ability to complete the project. itions ent to failed assure cember es are struct ake it arding Moreover, Mr. Mathern's letter dated October 12, 1994 acknowledges the absence of existing financing for the project. This makes it impossible for the Commission to determine whether Mendota Homes has the ability to adequately develop and complete the pr�ject at this time as required by Section 22.3(1)c. Section 22.3(1)c requires evidence of fincancing, "...on conditions completion of the to support these satisfactory by Council." and in a amount sufficent to a Planned Unit Development and evi facts is presented to and d thew Planning Commission and This has not been done. Current year to date financial in�ormation must be presented by the applicant along with proof of Idefinite financing its amount,terms and conditions. At an average of $150,000 per townhome this project represents nearly three times Mendota Homes 1993 gross revenues. I Mendota Homes has submitted no evidence of it ability to complete such a project to date. Issue 6. Whether a Conditional Use Permit should be granted for the proposed day care ? � No; the determination by Day Time, Inc. to not X Commission with the requested marketing study makes it 4 de the �ssible .--� far the Commission to render an informed decision rega �1�; suitability of the conditional us�e requested. The information submitted by Day Time, Inc. shows a highly, company, which has recently renegotiated its outstanding� its line o� credit reduced,'requires almost 100� af itsj to service its outstanding debt and operating expenses,i not posses sufficient cash reserves to construct the facility without additianal borrowing. Therefore, th, should be denied. The Executive Summary submitted in support of the asse: the day care is a viable conditional use is open to que; without evidence in support of its conclusions. � existing day cares have excess capacity, and are more nu. competitive than the applicant wauld have the Commissio; Enclosed is a partial informal survey of existing 1oca1 These centers currently have openings available, and abil.ity to add capacity if needed. These existing cente appear to be serving a large percentage of the potentia2 Time is targeting. Day Time's own unsubstantiated a; regarding the number of available children for the pr< care would =equire that nearly 50� of all potentially children in fact chaose to use the center, and cannot b� by the Commissiori . � , ;` � ' 1 � Further, a day care � principle structure lot size is 1 acre; Section 7.2{8). _� ^_ r rding the financial leveraged debt, had cash flow and does proposed � request :ion that �ion, and �rrently, arous and believe. �y cares . have the a already �.rket Day posed day available verif ied is an allowab�e use within R-1 Distri t if ,( a) at least fifty feet from lot line; () minimum and ( c)` registered with the State of innesota . . . � One acre is the minimum parcel size under the Ordinance. this is not a"minimum'" size day care; but rather, a` commercial business. Several of the issues, relatiz placement of the access road, lack of parking, an circulatian that have been of concern to the Commission, in the Planning Reports are directly related to the confi site in relation to the size of the enterprise. The Traf�'ic Repart submitted 'appears to premised questionable assumptions. The report,assumes 76� perc usage will�be from traffic already on the road, this being comprised of some;percent pass-by trips and some diverted trips, but as no marketing study is being pra cannot be verified, � The Traffic Report conclusion #1 that the site woul� approximateiy ,6p trips (30 in 30 out) also seems Allawing for 15 staff '�in" during the morning periad tl only 15 remaining trips for 117 children ta arrive children and 15 staff the actual number af trips logic � to diatate would be nearer to 200 trips, even allowing � However, ry large to the traf f ic �d raised :s of the on some t of the :rcentage .-. generate .is leaves For 117 rould seem `or some 2 �. ; � LICENSED FOR 80 42 87 95 152 40 496 113 120 729 DAY CARE REPORT FOR MLNDOTA HEIGATS DATA GATHERED 09/20/94 BY JACKIE EASTON 809 WESTVIEW CIRCLE EIGHT DAY CARE CEN`PERS ALL HAVE OPENINGS FOR PRESCHOOL NAME BRIGHT START CHILDREN�S CAROUSEL KIDS-R-SPECIAL CHILDREN'S WORLD LEP,RNING CENTER TINY TOTS VISITATION NEW HORIZON (3 LOCATIONS EAGAN) Y.M.C.A. EAGAN NUMBER OF TEACHERS ; 11 TO 20 FULL/PART TIME ] ------------------------------------------------------ THREE PRESCHOOL CHILDREN'S COUNTRY DAY MARYDALE PRESCHOOL TRINITY LONE OAK HOME DAY CARES 12 PROVIDERS/ 116 PLACES FOUR GROUP HOMES; 12 CHILDREN PER HOME 3 NO OPENINGS, 1 WITH OPENINGS SIX FAMILY; 10 CHILDREN PER HOME 1 NO OPENINGS, 5 WITH OPENINGS TWO SPECIAL INFANT/TODDLER 1 NO OPENINGS, 5 WITH OPENINGS ---------------------------------------------------------- DISTRICT #197 INDEPENDENT SCHOOL DISTRICT EXTEND DA: KINDERGARTEN AT PILOT KNOB & MENDOTA ELEM METRO II � PROGRAM v children families, (100 in, 100 out) during the morning a two hour peak periods, not 60, or even 120, trips a s difference. evening ificant It is reasonable for the city engage a independent traffic consultant to analyze the safety and congestion problems resented by this proposed conditional use, rather than rely on the applicant's seemingly questionable assumptions. Issue 7. Whether the City of Hendota Heights should accept a cash equivalent in lieu of 10� of the land area as required under the Subdivision Control Ordinance Section 6.1, incorporated by Section 22.�3(4)(b)? No; Section 22.3(4)b requires the plans submitted to "sa�isfy the requirements of the Subdivision Control Ordinance....". ( Section 6.1 of the Subdivision Control Ordinance states, "... the City Counsel of the City of Mendota Heic shall require all developers requesting platting replatting of land in the City of Mendota Heights contribute ten (10) percent of the final plat gross � to be dedicated to the public for their use either parks, playgrounds, public open space.... The fora contribution shall be decided by the City Counsel b� upon need and conformance with approved City plans." ts or to as of ed Section 6.5 gives the City Council.,"... the right to determine the geographic location and conf iguration of the said dedication." This Commission has expressed concerns relating to the loc the proposed day care site at the "Gateway to the City" impact on the image of the City. The proposed day care almost exactly equal to ten (10) percent of the plat gross located such that its dedication would not impact i development of the remainer of the project, and possesse natural features that make it highly desirable to retain as a natural area. Therefore, it would best serve the neec public and foster the most positive image of the City of Heights to require that the proposed day care site be dedic public use as required under Section 6 e se . In conclusion, several additional areas that would worthy of further inquiry by the Commission are; 1. Mr. Mathern makes mention of Mary and Tom Winters as " in the project. This may not be an accurate use of partners, it appears that the Winters association may o real estate agents for Burnett Realty. � ation of and its site is area, is pon the s unique the area ,s of the Mendota ated f or to be irtners" he word y be as � 2. Mention is made of R.A. Putnam and Associates, Inc. Traffic Report as proposing to construct the day care. knowledge Mr. Putnam has no application before the commis this time, and the relationship between Mendota Homes applicant, R.A. Putnam and Associates, Inc., and Day Time, unknown. 3. Mr. Jeffery A. Johnson is listed with the State of Minne CEO of Mendota Homes, he is also listed as agent for J.A. Incorporated, a Minnesota Corporation in bad standing w; currently being statutorily dissolved. The relationship the two corporations is unclear and would seem to be an are deserves closer examination by the Commission. in the To our on at is the nc. is �ota as Homes, ich is which 4. The submitted development schedule indicates executing a lease for the day care site on, or about 12/15/94. The plan for that portion of the site intended for the day care appears to lease the land to Day Time, for an unknown length of time. I As the underlying zoning, R-1, is not altered by a conditio permit for a PUD, inquiry into the exact terms and condit the lease should be conducted by the Commission prior to th of a conditional use permit. Now is the time to inquire into the long term use of the day care site, and how the sit be used in the future should, or more accurately when, it ce be a day care. There appear to be very few permissib: possible for the building as proposed other than as a da This site could very well become a"White Elephant" on the front door. ial use ons of : grant ; might �ses to a uses care. city's For the above reasons the application for a conditional uselpermit for the Child Time Day Care should be denied, and the applfcation as currently proposed for the development of 36 townhomeslshould also be denied. Resp tfully ubmitted; � � enton D. inker 782 Pondhaven Lane Mendota Heights MN 55120 � l£ 'ON O 0 ,./ a. Q CV 0 0 .N w tx 088 J S cr a' z 0 0 0 0 F -- O EN EXISTING CONTOUR 0 w 0 - 866-- DENOTES PROPOSED CONTOUR DENOTES EXISTING MANHOLE i 1 1 t L O +> L UQe co -) o £uX 0-75 L L4" J n V / a Ut E d .0 ~' O cs Ori _ -P L t 3 cs > 0. d -0 G L c C L a d+' U c 143, i-' > 3 L C -- Qi Qi 0 a 1 aau Q)3oi L L' f' 0 Z a a' a) -P -P DENOTES EXISTING CATCH BASIN DENOTES PROPOSED MANHOLE DENOTES PROPOSED CATCH BASIN DENOTES EXISTING HYDRANT w 0 Z w F- J (l) 0 W 0 a a' a 0 Z w 0 : I EXISTING ELEVATION DENOTES PROPOSED ELEVATION 01 L CD CD L -C 0. a.+ Q 0 r -0 P U c p 0 C C O O 0 0 o (i) CU U 4)) N 4. t C 1 C 0 O Ci - .... O 4'x .°o.E O O O U -ti O 4./ ` -4-• LN +.. 4.0 ...;.• 3 -1_, Q. °© D � O''3' C O C 01 o > 3 i., i c - 0 C UO O 0 P. z z c� k. L j�0 0E0 9- Sr C p ,c'. O 1- O C ,- C C O W *EL - 0 2 4 • c C v) (n U � o_ J2 JU'.0 V) Qo O z L O U V) -C 0I C C Q O O co cr) -0 O o O •... -C-L.. C 0 Cr) O C (A � 0 U O OU a of) L •-•�� OC3 z_ �z -oma • 4.: Ccs oW oa'C C 0I O U Q Z p U 0 CI J-0 O U o • w o -C O4 Q)+.& VV) L. L. 3 O U 0 -0 -O U L O 0 00 la- V) -0 j U V) Cr)L pn0 (I) c Q L --S. o w a ovn C0a Uita e.,88 _ 488 - -710 vi 0 Q) 0 and storm sewer 0 4) L 0 Q minimum (see detail). All sidewalks to be concrete and five(5) feet in width GEOID( TILE FABRIC REINFORCEMENT w w J LI) x L ' Z 0 POST SPACING -SEE • FENCE. DETAIL LJ om wz 0 m D -; Z Joao ¢ €) u-, cf F-- w n = O-rriQ L►-=wZ V •- Z V) �pw V7a 0 I- H 0 z 0 Lu L., V 1 'J Lr; w D `LI ZO Z O. O pLu uJ 0-400 w O w o t5 "- i �Q- C U) Ln O z _ • • zZy68 L I •� • 1 I § • I .fl. I I I 968 (Vl- - 006 9L . - . • • 1•M • • • OM • . • L. 1`1 '1n-T_r r- - 1411 il, NM . • I C • v• \71 zee CC1 40 co x: iia CJ OCS N � i os cc h L. c 1 a) v Project 95-10-1029-01 C a) -P d d L Q c6 -4. f ,4)o f �. Eta tAl ZI'� �� LAJ 1/43 w -03 P31 ! V 'l Eq rni F- a. LI) 1 44- 001 -20 LU F- W LJ v W w m V) 0 a- J o <Z 4 CO o aZ DO dSJ nZ (n re) o 0 UJ oQ a§ a CV0 O wZ =O c=n � 0 WJ J -J LJ .J Z 7.2 2 LLI SHELARD PARK WA` LLJ h:- ^1. I HHNI�II4NliN ! • o tb 99 9Z9 6 AV 31 o vd vo iv IA"! n Jo L-51 - 0 0 0 o rig) ALAI 0 , -F.- - I NOTIGGV GAO Szo co -- co 4 Et to 144-001R.DWG Checked by in 3 trt 0 a Erickson 0 At OS int) Z CD LC) hal Cf . O CN. O 0� rnarncv 11 cs co .148.4 U O •"1 - Cr! cow N 0 Z r (--) 01 O(4 -.- C c r N N v L - () Zai [� .� Q) C > C 4io o 05 _` Q w E -3 .o o ,) 0 C c v �� 0Q o 3 L L r .0 rT CI Z.O T, .• c ..... 0 LO ` N N C C r pv '> a 0 C C Q) 0 L. 1_ < 0, '- .0 w_) . a o V c 0, 0 L. 3 z7 4) a) 0 Nm LL '.J 0 L C7 S q'; r1 r L - U 7 I c 4) c u) O a �' 3 O p0 v N O aL O C O . T L" n 0 .n .� O v u_ 'fes. o f 3.n o l Z o O^ v,tj t 0 a In (0 : % (V i. r O c. O > ° O p> O ` U C i' - )�.. -c c:, :._1 ; i p r, " •'' .7 a) v) c 0 E C O a o Z a) (1) '0 o�,oa�0 zcn crcn '-OL < o0 U; ...+ L 4) L L C 7 N C C CJ O „C v u) O �. `-' p f O C U !p 0> '-• UI' I L` O � 0 Eir) _U O p 3 C 4) > a p V a i O N �O C> a C o' >;U1 a) ---/ 0-) ; 0 a-_ UI c o - '..� C - O_ .) _c �. L N E v aa V a v ,.T. W L 3v- cTO L E O -O _c L Lap 0 n N C+ Zi v I v', w O -p U) OIL 0 C ai o 0 0 o '' o rri o � x .c cr L _c 0� n J 4) O O 0 C U: 1 U O 0 LL C r U) E v f� 3 V 3. V •C « Nin 4) z o � .c: a o ° ata..- �' ¢ u o 0 - c ate - m � ;2> c1 �,o i O O 3 Cp •• 0> o a) .NONOo" EQN` o`, 0 0'� o f �' ;Q .127-: cN mC)N 0 �) O, c rn u) 0 Oa) C) m s• - o N +3 O n o 1 ~' L Ili V L .0 ('LA . Z C V) 3 N O 0 a C �•` O O Ov 0 E 0 0 o O in Li 4 (n 0=v O C �� .-15 v) a) ;( a. 0 a) c .L., v _C° C 3 Y ` a r c V)13 C.% Y O N fn w y< 0 4) 4) x 0 a -'i O V a C� 4) a c t_ 7F 7 0_ 0 u) •0 z L .�47- - O p U L Q L O O a 0 > 0) a,- 0 0 0 0 p -•'' .._ r n 0"• �� . y0 .) to 0' L ci s4 L .c U a4 O. N V Q} 3 .c C O U) a UI U) U)• v ` r� !n ipT LO w 0 `. L +• _,- O C ,V' x U) O•_ 0.0 Ci--- C U a U N__ " aot .�.,....�3 °+� a) o �'• z,- ° ° c ENS ° °) O W () 4` 0 O 4) C m .V .�') 4_ 4) 1 0 00 0 6. v O ado o O'C D V O �. u O ch+ -� o'' L c a,, 0)C o a- L C a)- V G�.07 E o- N o (4 Co 0 0 w U i _ 0 v 1] 3 O Va) . U E a 3 a 07,-, - -c t 3 i- 1- i- 0 LL All constr.iction shall conform to cr) z c� w z a O D z w 1 w z w cc MENDOTA >- csi0 O 3n. 0� a Qao o N 0-1- 00 o. z 9015-15" HDPE 0 3.0% Contractor responsible for any C 0 � - If) i. N 0-C ,n cn 4- L. r, 0L. 0 0 Y o O M L00 0 .0 v N cn- N J V C O 0 .0 a O 0 w 0 0 co o o rn.10 c,, a , civ ou a 0 o, ,- 0 V v L O 0 E 3 a U) ` oO 0 0 a; 4; L. o a i)•0 rn 0 _ C no 4) N 0 o.c co C co n ion= _o 0 N h- -10 O T, - a) v Q c C` E- r) r m 3 -,�c 4) 0 V) O 0 O 'a +' _ •�- 0, ` O N O -• U1 - N L - j J) c >., a) a) ) L4) 3 0 X p, - 4) t.- C L �-c• v CO O +r -' .,E 0 d ri U a _ 0 0ild a.. O a U 41 X .✓ O c v0 0 a) O0 a) 0 0 o 4) _c O of MnDOT 2531 which requires joints to be sealed with joint sealer O • O v 0 3 r" ;'s N O Uu y _U O C 1./1 ii Qi0 .r_ 0I - CP CI L CI V C L C U y d 0 cn O N a 4) . 4) .0 .c - C a) Oti .4-• 7., V ...q.), 1-1-1 co o OE N 1,,,-, C w 4) V L )'- a. C �� 600 cr >. O Jc. U) ,, 0 L 4) "5- Q O E O O -0- O O E. in 7 O -71, 0 •a 10 C O OG a) `) O c 'U O v) c(I)O N o o‘... 0 '0"; D U! (n y 4) Cr)}- ,, ° • c a) L ++ 0 .0 `�, .� 0 a n n L- Ev S� v vv `u. g w 0 c 0 Q, C y O 0 V `-- T N .N a.- .. ` V in _, C 4) 0 0 .O Q) L o L ;x y Ev •'o.L1• CO r) in a: a 00 E 17 0 'n 0 0 c O -0 -p ;r ] O v 0 O M L O V C c N O N V v4' oV 0 6- > - VI a y U 01 a c c � V 0 a 0 C O V aE 0-o 0 cE (4- v C V 0 C v C C .L a O UOOCUi wy vO VLA a 4) a 0 O ° UL v1 -- Cv VC U V N'0 0 i 0v Ua �CaFCNlP) T C i as .> -0L ,. - 3 x N O j a) : 14-10 0 w L 0. yQ s V C C.0 O V _C -o O C 0 L ° n 0 C) °a� U ♦ ° a) a y 0 U) 0 T C a 0 0 3 ..91,tiV.00 5 S�-9L9 ... I 1. 1- 1 1 1 -, 1 1 a Contractor shall rnain;ain C 0 0 0 Ji iP O L -C a 3 Lo... - 1, a) O m a) 3 0 o _c .n E c 0 L 0 vi 0)) a) V 0 v requirements. = v f, 0 r i -, L 0 '-' 4- v) in Y 0 0�O . C 0 no E :0U CO O N a 0 3 U- u i_ C v L -c •C a O ) v Cc (6~6i ON -Lb-ki 1.mo.,, r 1.. alit • • • . . „ . (f) Z N 0 Q m� �03 CO 03 CO 1• i. i U ixZ Z E n conducted by BRAUN INTERTEC. Pavement sections per recommendation based on Geotechnical Evaluat • cV 0) w O C Q) L` 4) C a V o .0 y C c^O L ; O 0 co 0 C +, VO L a) ) y y 1 L cr a) 0 o_ > 7 a VI tL •0 o O E ° v 4) .0 = 3 a o 0 0s in c r °3 0 O o w v O O •-' c () 0 = v v t y w _c C OL'2 p 3 a) U O 0 CJ 3 L 1- 0 0 '� bM 4-7 Z Y < Z CI- 0 W N '-a L=._W 1.6% 04,.• • • L U O L d c y 0 L IA L u£i-'� C 'vl a)aa,,a, L t!1 c Z -14 3 >' d a L0 13 (e ce Ed S £ E +' +'S dc4- 44 _ o >a CI iC Lad+► Q+' > 3 - y0+► a n, � n U ••P Q 3Q 0.13 ) d O ia;�' Q :7 DENOTES EXISTING MANHOLE W tai DENOTES EXISTING CATCH BASIN I I L J DENOTES PROPOSED MANHOLE c 0 0 A in 0 DENOTES PROPOSED CATCH BASIN V (8 DENOTES EXISTING HYDRANT -QN0OO fr1) DENOTES PROPOSED SILT FENCE 0 i Da Z t - m `J Hi.l Z W OZ 0 w�0 Cr v7 0(!)W crU0 OCIQ co z z cr 0 w CL to 0 Nzk N z w it O_ CM! 0 � CD oca UOE YZO•t 0 3dOH .91-1t.119tg z _� 4.09 40% O LIJ z t 43 '41" )N 9S 962 M _91.,C17.00 N 9L Lt .LO,171.90= V -r -r g`T' N ss 4ss "FA- .L.1 Eq1Q� (L6 -6i- f.30 ( lc 'ON ' MHO IV pouN ) vis k1Nnoo ) 1 012 I- f 1 \ Z Q --� r I 0 a - I w w i- ( -- 0 > i -w U� a0cX0 D Z U mwp W r=' O O v) Z~`s Q I ►-vi z z t - Z a-� Y 0 1 -LI) W fr O U W �Z x= OF >O QZ 0>1- Q �0 o0c OOU .. Z i- R. aowV7 0>- 1- lWi.l iy U� z V) 1-1-,-, VI Li_ o Wce tiZT L O� 5-c WVl j�\�. ZW OQs. L-)0 WZ�� W-- ZQ ZWW�,� xo D z Om �� ��_� WF- 0<o ~p.2 Q QUs Li 0 �Qo 5zm woc� oZ0" o(/)o Z>' wOw Q Z Owe W WWco w0< -_-_i 00)....., OC com -7 (TRUCK SECTION) DENOTES PROPOSED BITUMINOUS z -- DENOTES PROPOSED CONCRETE Cu Project 95-10-1029-01 c Cu 3 +' d d L A 144-001-20 1.1.1 1-- 4 6 >- ( 1 jj c-? (I) 11 -'1:‘'C".":41.1 -1) J Q NCISI!•I 4- balowesalinomml SI![TIN iNCEEEfl S 0 0 E. o 0 c 0 c 0- v 0 .c Z L.. u) >. (1) a. 0o , , o =5 co 0 L.per) cc C d' 0h Q) S• ..c� L _c rz o `p .0 -6q � 0...) 0 c0 ..J omaizE'=' 0 0 al Lai .4 0•�4 p� (n 00 00 O 0 o 0 ►- v 8° O er) "o p t. oo °•�Z' E le) c ov• ;pW.� O o P •24 I c v) () U U Q- Q) C V) c ,,Io -o (n a0 W Q .44 Checked by u u -, 44 .0 u L Q c C 1 u i W Y c • 0 " S. Y 1 6n 3 0 S3 m Copyright Oct O W • $. .44 cci Y✓ ►%� 0lig CV CV m�ocD rfl PP' as CV •- -▪ , CO wt rpTy CO CO 0 ;.10 CV cri r, r/ n `a 1 1 w 4-, z i (Y) Oo ia Cu 3 -P d d L A Cli F w m Li CC O ti __I U azQz Z w p2Id u(n(n� Ohm Z WRQ Q a_Lz z Jzap,I YO Cr CO W C� W In Q LI O -I w w J (a? - ��m�o 0 w�C z � 1 1 0 1 a (�� z 1 1- 7 W •ay c. -.F. „Z l �l N w� +. V° 1:1 I° v Q r ° { ., ',1 � Z H --'---4_ --.-- . r r Ni �" / . n Q v cr ° 'in' E3 i . I o M f ° 1 �J IiI - i Q O V`� ° >)- M I ° o04q g�1.' Q a � av Ct D Q VQ�M 3aV)mw 1 I + a1- 27.. ^7 Ir- - a ca Ct _J QO \ II i <cz) Q,1 I I t: v[ �IN I W ra TLI_° n rn f VI- r''---A---'a—a---H I c.c.. M cn 1...i Cr D Cr SHALLOW Standard UM N,E'T -- Me for UNITED 1994 SHEE1 3 ()F I � 1 1 O I ti41 I III I 1 I '^ mo! x N I o Q Z z _..).Z s J (O ' w .� V) ---- Z IX z i 1( V r b ° . .7i I I CL V _ I w V) wnw{xew ..o -,i W F-Q Z �n T'T wW /7 `�: vrn �. j W Cr x ed '- i 9 I 66 Z Z/ m__ ‘ \\\ 0 IX 7.-.--eziAk\r,4\‘ ,,,, H >, / I /fill - ) CNI 1 1-0 WC! NLET CASTING ; l _IN—77' 7E E [CHECKED DRAWN - GRAr H1(. rN HOPI; r 7 < M °° °°I .cr V U -4 v M a I I I L-'1441-- Z coco —7 Z I Com\ x \, ; \ I / / //\\\\\\\\\\ �I/I C..)r / //\ H 1 o 1 \mom\\ \\\ \ % I i,:40„,r i A/ / V----- / /,\ ,'\�\CO ( I I ING REDESIGN / / / �_ / / //\\\\\\//// v% / / \ \ \ \ // / / cc N :2, U I I ` -.,-- xI Q (Z' O (ZU 1., . O U Q . ,_ "0- W a G ~a Q a N I �+ I I Q Wi Lu. c_ n o \ O N �: I ) n Z x °i 1 .\ i-� I Z (Ti&\\\\\\// / CASTINGS SHALL BE NE =- OD � t\\\\\ // // I i ��,� �:J a, I I a -t D 0 o I %\\ / ( V, / / i \\\\W / // : : \•• ' q \II r ...,, a LLI < y= Cr) ,\o i ‘0 q P v I i LA..- Hi F. . Q . I °v v °} -I M 1 r/ I II Ia I 4n ° d 0 / T - W W %\\ // �W/ \ ri Co in I� Cr- 0X1/1 \�/ /�/ PO M W J�� C1. ti�11 U w W/ Jw/ t�•-�t i i ��-airQUJ .. C1^;~I.. ... e tLI�Mw :.;,..1:t.tc.:.7.,1A.:1___ u_.rel L11it { Z 1 11 -. t! )-I- ju._iJJgA.NM wI L�icu ,.. 7C, cc 0 l--7, . Z 0.3 /� QJ V W O W< O F--- CO 1 V)- 0 d u V) 3= 1 .r �" L. U, 7 RPV �R�/ // / o [�� °� \ \ \ 0 LLA \ \ O ( = t I [Q?[1 I M Q✓w)1, wOZ aO ` -1.-05Z Pr) NWI.ILL'O �• r)(na.1� --.►d =. -f- Z Y/ 1 TASTING SHALL BE NEENA-1 R--1733 OR EQU STANDARD MANHOLE: CASTING - ._.e..r..._ ,.- --"-"m"."--.....---4 1 I ,I....,.•- _� / / / r \ \ `Vf 1\ \ -In\ W O '` � U \ v i \_•_-_-__1_ ce w (-1 \I d - l\il wI I Y E-1 Q `- \ \ ! ��� WQ Qom (,0,-..1---Cru)ip .., i'� i , / i L� \ �W � \ 7 � I~I : d / / 6 7 0 \ O o`\lam (P\ \ if) 0 ,,,,N /2 I Z O `n C� { I Z �� O m U U o 1--) EiE to CI- ( ��D����Q,�� f/ D�r,�i��i��i�i� 1\\ \ �D�D�D�DDDD \\� ODDOD \ \\. \ °o°o°o°oma 1: V . l/ Q! 0 / '� r / ,' / it) N t. 4 Sim Fdra j l\ N 1 6 , is cD N iv I� i THrE PLAN. PECIFI:;A ri,. N. BY ME OR UNDER M- DIREC I AM A DULY REGISTERED) UNDER THE LAWS f.f THE GN(- - (- p �"` j p i I Z u p O �- Z < ~` U z __J~ 5 -- U WJQ�'(-( Q ,d Q -� .' ' ' y I I p/) I f .� a_ (; _ J •-- V) Y I ') I t' - Q A 1 �- l III c� G Z O W p O IY � w r, I_ _w — \ \ \\ ,O Q p a_ Q O 1 • . :O I I O Q LOCO Cc Cc w g= T =W - iJ W cam O Q Q p -Z\ WQQOMQ OOW 0 wO w D GW11 z5 O 10 El V L I HEREBY CERTIFY TH AEP(T`T WAS PREPAI SUPERV1S1ON AND TH, PROFESSIONAL ENUNE STATE OF MIRNES)TA DA'E - - 001-LI0 •()1- 0 0 CL Z Ci(--) 00Ow<0 cnQ oJQ ---4"-\:±9.11a LII I�= til{ ', --,4 L:11 ;._III \-----1= I:2- {— -I�{ I— I 1 II _ — — .� a 1-- r,-) �, oN--III m 1- w � Li-) �- Q z �, Q :'`-1111 .�jlll{I �,II—III `VIII— :��=III ;iii --�::% IIII ✓ ✓ '11-1=1 1I=III ___ I I—III III —II _ [ 1 1 " a w Sa �t� � ooN mm� �, I W m r Q W w fr o _Q W Q N o W Z cv ;� cI� ' _ r �� w ry WI.- -) z ._ - X V ifi - Is- -- ___ .JCRETE SLAB --CI 'E 11 OR EQUAL 0 - a a 0 zQN. Z ..L! 1, N ��I 9� xtrY G—,... Z w�m H�-,s a _ - V _ W o ` ---_ -- 0 D MANN( �- � O? x - Q ----:\ ` q N z 4 l Q w o > a "0. O _ / cc. Vi o Q , Q Z O W w 0 w Q o w �o a. c..) I z 0 4 m Y ,m Q MIx Q 0 WF, QQ 2� f c� T W►-wI LE H: r�) m o C, Q Ior > aVW O�Z goo = u, d I -- cn II�-- i1-1l�- \\.--\7--,I1— \.I_= �I11 X11- ,�-I ,„.I II-III :_ 11- IIIIII I I—i I A -00 Q CC Q �..1 • W I Q c�a�Z a zz LA -1 EL x z - w C: N G cr U Z F- t1% pU - `° - a 0 rz U p w D �(� w CAVO �zYgX �FQ~ NoUaw Ocnm O U w G U m m Q Q W Jc. W Q p I.- OQw=- In w I- 0 o ,9 o.II: Q =w w o J m !? 0 J (n V = W O W L. 1••••••• ••/•••••s•••••••' !••••••••••••i1••••••••••••I m ••••••••••••• ••••••••••••f • •s•••s•sss ss•s•••s••ss• •• 0441026111001111671 •• `,•S•••••••••••••••••••••••••••••••••e•�•1 I V ar a Q •• •• •• • • s•• • • Z 0 F=- O Z C�NQ-M F= Q U Z G -Q \ X F-- C.) 0 0 w w I- v) cc •Y J a cU O Z J z Q w o J z 3o0m0 (/� F --Mw W U1 t�WOw w- 0cit�co --I it • M a cr I- 'mom 0 F_ p c.) _ O J G O Z W Z oa- c1)Q ---I D 1-- w ,- o www -J m = w W J Q ..� s• V•••s•••••s•s•••••s••s • C)` O a •• $• • • ••• m P. ' „Z 1• m •• • O •••••••••••••••••••••/ ••••••••••••••••••••• 1••••••••••••••••••••' ••••s•••••••••••••••••s•••s•••••••••••1 • s ss••• • • •••••10•••••••••••0 /•s•ss•••s••ss•s•1 ••••••••••••••••1 G (n w 0 � 0 W Q (r) J _ 1 a_ a c+ a o .r „Z l • •• ••• < ••• Q •• Z •s O o o (� J F_ .J Q z J s Q z ` a z a �' o Q W c� <r y I I . SLAB TOP MA Z x b •'� • v z wJ a Q •s•s�•s••••••�•� N•• �••• a JJ Q I ., �� .9 0 .9T J CID „9� �J� _ w IT • o o N_ M 11'_ w U J ILI LA LLI •••• v) MI*•eti lAteS 1 0.4 IP_ x:1.51 I 0 o Z girl Qwp / 'SO r U) L>1-_ U1 a. r ._ > ' 1 — • ° I '� 0 0 -r2w W Z F- $p { a Q - (n eL W 0 F �h/14 =WQ CnGp Z Q z ODW a- a1 I:�i a v)J o 1 Q I c FW- FW- _ • , d L Q-•- �- .- 21- 0 1 0 F--- u..1 owa VVO — c\� s Zw o 0 CO TotV w v rp o zn a) z o o CO I �(co� wa)C) co o �ck? co GENERAL NOTES: C F1C ATIONS - - a O m z 0 0 2 E 1/4 STALLS L Ew C cu V W C Z.:. crsas a rn 0O P.1 cn CVai csi c. Q.0 ( a g �0 QI CORS O O .-4 co� a) C.14 4 Z • Go 4) 4 c: C a 4 •Qog A L. 0I a z 0 �O 0Q o h .0-,0b ;4- v 0 N 71- V a_ 9 Contractor C ' .01\1 aVo ,LiNno' alliVTLE F 11� z0 W 4 P V n Q- z O < X p! 0_w 06) o o I[1 Ul z ° u o ❑ o 1,0 Itrt OPTION; "A" --J 121 STALLS m m C 0 Revision Descri 0 z a o� 9ON> _LO -11d • cri p 1- 0 O 1 z 431 V iT t Q o O in 4 V C N Baa z nJ L -U F- 0 O Checked by O S *WL.VOI'4,40P �lold pr :.i �.I0v oul}�ald .vv a - IIQu,k.ros6WtrodP pwx+v-wee-6 o-tobr000 aw.ldis o/WIii-Pinno/'auou EVIMt' s Io--aLol-ol-5b°JVaw^u 9�(d o.,11.10J-in7 DELANO ERICKSON ARCHITECTS 0 7415 WAYZATA BOULEVARD MINNEAPOLIS MN 55426 (612) 544-8370 DEL ERICKSON AIA LEN LILYHOLM I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ENGINEER IN THE STATE OF MINNESOTA REG. NO DA1T "'` J CIVIL ENGINEER ROGER A. ANDERSON & ASSOC. 7415 WAYZATA BLVD. ST. LOUIS PARK, MN. 55426 f 1 J INV 879.0 3 %247. \ORTHLA\D DRIVE C X 885.21 G qS 899. GUTTER/BIT GRDES (TYP) b NO PARKING -FIRE LANE SIGNS (t N 5733'33" E 274.07' c/ • GPS' DV((��, 0- N 58.37'4" E 100.00' NEW M RIM 892. NV 880.4 I 880.6 INV 879.6 VERIFY EX. CURB GRADES & ADJUST IF NECESSARY MIN. PIPE COVER J 3.0' (VERIFY) 15' ACCESS EASEMENT 15' ACCESS EASEME r PVC T W D COVER CB RIM 897.2 I` INV 892.3 TYPICAL BUILDING SETBACK LNES 6" DIPS w 2512ArKlietNre M0 -1W7 All of the following requir ad inspections Alen he rchedeled 24 Beers in advance with the Fire Marshal or Building Official. 1. Witnessing the flushing of underground sprinkler service line. 2. Hydrostatic test of sprinkler system and 24 hour air test for dry systems. J. Provide a completed contractors test and material certificate for aboveground and belowgr'ound piping. 4. Testing of all smoke detection, manual pull stations, and fire suppression systems. 5. Installation of fire extinguishers 2A-40BC rated minimum. Install one by each exit door and mc designated by Piro Marshal. 6. Extinguishers shall be provided before final inspection. Fiig Department access £pads shall be provided on cite during all phases of construction. The construction of these temporary roads will conform with the Mendota Heights: Fire Department requirements for temporary access rnadr. at construction sites. Details arc attached. Qil site firs. hydrAnta shall be provided and in operation condition during all phases of construction. The use of ligNelisd petroleam Filo shall be in conformance with NEPA Standard 58 and the Minnesota Uniform Fire Code. A list of these requirements is attached. All airs. detection and suDpy_egs.iQD systema shall be monitored by nn approved UT, central Station with a UL 71 Certificated issued on these systems before final occupancy is issued. Fire suppression systems (optional URC Chapter 39) is required in all construction. An 6 112" X4.1. my]ar. Aa ILllt shall be provided to the Fire Department. rho 'As Built shall be reproducible and acceptable to the Fire Marshal. See attached. 4 E.= 112x shall be provided on the building for Fire Department uco. Mie lock box should be monitored by a DL central station and located by the Fire Department connection or as located by the Fire Marshal. £h4,m ails supply from a combination domestic and fire protection line ;hall comply Ith and have approval of the St. Paul Water. Authority. Ligh-piled combgptible storege shall comply with the Leciuiregeute pX 11-1'1 \s. UD 191 4i the M1nneset rill rims stokes. 11 gh-piled Combustible ;torage io combustible materials in closely packed piles more than 15' in noight or combustible materials on pallets or in racks more than 12' in height. For certain spe_cia4-hazard commodities such an rubber tires, plastics, some flammable liquids, idle pallets, etc. the critical pile might may be an low as 6 feet. i?ag 7lga gq shall be provided as required by the Fire Marshal. (See attached detail). :asks. tdsi_^-o_tg�3 installed in lieu of 1 hour rated corridors under. UDC vection 3305G. A FOnTING __ 6" PERFORA 6" PVC SEWER (CONFIRM ELEVATION AT BLDG) 8" WATER IN (W/ BLIND FLANGE) 2" DOMESTIC (TAP FIRE UNE ) 8" FIRE OUT CONFIRM LOCATION 0 N O1 rn it ROOF DRAIN 6" PERFORATED PIPE DRAIN A FOOTING X BITUMINOUS LL O LU La 887.11 INV 882.41 La N TYPICAL GUTTER/BIT TRUCK DOCK 891.0 DICHARGE TO HIGHWAY 55 DI INV 882.5 ti 12" RCP 35 LF± FIELD VERIFY LENGTH AND LOCATION POND DATA: NORMALLY DRY BOTTOM ELEV 882.6 HIGH WATER 885.3 (1 HIGH WATER 886.6 (1 VO_UME 0.53 AF OUTLET 12" RCP ® 0.5% OVERFLOW = 887.6 (TO BERM HEIGHT 888.6 MIN 152.460" CB RIM 890.0 NV 885.3 INV 885.3 DRAINAGE MIT 104.47' /11 INV 882.6 SEE GRADING PLAN FOR LOCATION APRON INV 883.0 255.00' INT =ESTATE 35E R=954.93' L_423.36 5 RADE NO PARKING FIRE LANE MIiIIUO'I'A ILCIGIITS FIIu DEPAlU'MLIr PVI.LCV REQUIREMENTS 5' 0• (NOTTO SCALE) GRADE Felt FIRE LANE SIGNAGE 1. Signs to bo a minimum of 12" x 10". 2. Red on white is preferred. 3. 3M or equal engineer's grade reflective sheeting on aluminum is preferred. 4. Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end of the fire lane and at least at every 75 foot interval along the fire lone. 6. All signs shall be double sided fading the direction of travel. Post shall bo net back a minimum of 12" but not more than 36" from the curb. a. A fire lane shall be required in front of Fire Department connections extending 5 foot on each side and along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PIAN, FOR APPRCWAL BY THE FIRE MARSHAL. IT I3 THE INTENTION OF TILE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PF0VIDING THESE PROCEDURES FOR MAKING OF FIRE LANES. fl '!✓ L-/ )1 t TP I L- \\ O I CONSTRUCTION MANAGEMENT LILYHOLM - - NIEMEIER 4376 THIELEN AVE. EDINA, MN. 55436 J REVISIONS 10/2/94 REV. DRIVE TO WEST REV. UT1L PER CITY 10/25/94 MISC. UTILITY REV. 11/9/94 MISC. REV. PROJECT GENERAL PUMP GP NORTHLAND PLAZA HWY 55 AT NORTHLAND DRIVE SHEET TITLE STORM DRAINAGE, UTILITY PLAN & CURBING PLAN Oi\ERICKSON\GENPIIP\CFlPSTA1 9/12/94 910238 pn DATE 9/13/94 COMM. 9422 SHEET NO. SHEET 1It{- OF (ETCH PLAN FOR: MIKE Kurz 389.15 L _ EXISTING CREEK ALIGNMENT--�� L., \ z J \ Z \ ` O / o.,. 0 ioI a o f a_ a / / EDGE OF LOW LAND---�� (PREVIOUS CREEK AUGNMENT) \��� 120 POTENTIAL BUILDING SITE 80 10 1 01 I 441.90 1 1 L---t---i-1--...r North EXISTING HOUSE 1 1 IA_ RUD 4 ,60N$, INC_ LAND 3UR1 -ORS 9180 LEXINGTON AYE. NE CIRCLE PINES, MN 55014 TEL. (612) 186-5656 PAX (612)186-6001 M4R(a VENUE rS Lot 2 WILLOW SPRING, Dakota County, Minnesota. SCALE: 1" = 40" Disk No. 1 Drawn By. JKB Job No.: 94566MS Bearings shown are assumed o Denotes Iron Set R Denotes Iron Found / hereby certify that this p/on, survey or report was prepared by me or under my supervision and that / am a duly Licensed Land Survey��o,rr/ under/ the lows of tote Minn so . sated this 3rd day of fYOVCl770tr , 1994. MN License No. /7265 if1.S/J91L) X —4 z 0 0 0 REMOVE CONCRETE/SCUP INSTALL CURE39 G ITER DETAIL. - DUSTING \ ASB. 1 BUU(HEAD PLUG REMOVE AND DISPOSE OF 100 LF 24" CMP AND 2 MH 1F CATCH BASIN CONNECT DIRECTLY FOUND. 36 RCP • ITER DETAIL. JSE 15". RCP :P N FES ,EE SEE PROFILE REMOVE AND DtSP SE OF FES AND CONNECT TO EXISTING 12 RCP SHRUBS tO. BE TRANS --- -OR REPLACED --- REMOVE AND DISPOSE OF FES AND CONNECT TO EXISTING 12" RCP )UT ENDS OF EXISTING 15" CMP. ALE FOR POSITIVE DRAINAGE TO WEST. kCE RIPRAP CONSTRUCTION UMITS z \ I= MI -14t V) ./ 1.4.1 R / JREEST i BE REMOVED I. , ' REMOVE 1 TE. PROTECT ALL- OTHER TREES LONG DRIVEWAY SB 5 11/ 15/1M9L) OFF RAMP DN RpN\P (-rs a y- Caps kkNTE C k L J174. -X•05; N- t Swaim- tv\kPLL Z' -ob D - Lb M ►.ve---=.s %Sb z w� Q.. - 1k S- _ \- 6a.5 SPR-uc. 4" -Go p - [p Q.IVE2 Z`it 1, 0-3-1-4-1P tibg f-- 4 Ra.D .SPLLPP_MLx. 1‘b -ErIn- i.S4Mb F- z n Sly'-Uo-t . `I - Ce; Bk, 47 - -rsz4tAs hti , e ii_ ikMu 2- I`RU L -c-- r ?A ucTh ,\ M= . &t- -11 5/1119 ON RSP (-b 1-.1-54 - -feet 1kk-rs-t0t . - EIMIIIIIMINIIIMEMIIEESECI IIIIVIIIIIIITITII 1111111111 8:...t FINIIIII IEMEIWII HDm r. M61,ppi,� J mum 1'•9Y NM 1' • 4 YEA Sri L. • 50' HMI •5'YER 920 1 I 1 I 1 I I I I I I 1 I I I I I I I I I I 1 I 1 I I 1 I 1 I I g3 I —---r--rt--r----r--1 r----r—--r—rt----rt--r----r—--r—---r—rt--r—rt--r----r----r—rt---1 I I I I I I I I dl I I I I I I I I I I I I I I I I I I I I I I I I 915L—_1--L_L--L_L--L--1-i L__1_—L---1--1---_1--L-_1--L_—_1--I--_1--L—_1--L---1--L—_1--L---1--L--1--1--_1 1 1 I I I 1 I I 1 I 1 I I I I 1 1 I I I I 1 I I 1 I I I I 1 1 I I 9101 I I I I I I :i:=I I I I I I I I I I I—_ I I I I I I I I I I I I I 1920 1 I 1- ___1 __ __ r ___1 __ __ r_ __"1 __ __ I.'- '- r_ __ _1 __ __ r ___1 __ - r- __ _1 __ __ r - I __ __ r' __I STA -3_75 I ___I __ __ r'- ___ __ __ r ___1 __ __ r __ _1 __ __ r_ ___1 __ __ r ___1 __ __ r'- ___1 __I I I I I I I - 1 I I I I I I I I a o;1� I I I I I I I I I I j_ I I I I 1 905 L---i--1--_1--L--0j►— —--1--_1--L--_1--L--_1--L--_1--L__1 L—_1--L--_1--L--_1--L--_1--L-_s —- t_—_1 --L--191 5 J 1111 I 3� i 111111 11 I I I 1 1 1 1 1 1 1 14 I I I 1 1 I I II I I I I I I I I 1 I I 1 1 1 1 1 I g 1 1 1910 I 900r—rt— rt--r--_1--r---r--r---1---- r- — rt— — r- - - — — r- — — — r- —rt— — r —rt— ��--r----r----r----r--rt—� YPI $A•fM I l I I I I :,,rI 1 1 I I m I I I 1 1 I 1 1 I I 1 I 1 l I I YPI U,-B9i� 895 L--_1 '21._1--1---1--1--_1--L----1 "RYE`ENi_—L—_1--L-__1--L- -1--L- a_1--L--_1--I--_1--L-- — L _-1__L _4 —L 19 I I I I I I i I i I I I I I I g 1 I w IIIIII I I I I ego II a s I I I I I I I SI_ I I I I I I I I ' I I I I I I I I ,�T I I Igoo I �_ T __ _1 1_! rt--I--rt--C---r--1---_1--r_—--r--_1--r---T--r---r--r-- I.D r_-t__r-_rt_—I 1 I 1 I I I 1 1 I 11 I 1 I 1 I I I 1 1 I I I 1 1 I I I I I I ;rl I 885 L—_1--L_L--L_L--L---1--1----I--_1--L--_1--I--_1--L--1--I--_1--L--1--L---L--1---1--L--1--L---1--L t 4.1895 J I I I I I I I I I I I 1 I I I I 1 I I I I I I I 1 I I I I I I ;ill 1 111111111 I I I I I I I I I I 1 I I 1 1 I I 1 I I I I I 13 I r— — —t — — r— — — —r——;--r---r--1—-- ---rr---r--r---T--r---r--r---T--r--1 --I--rt--1---r--r---r--r----r--r---1--r--rt---1 1 I Is I>; Is 12 Is Ix I I Is Is la Is Iso Is Ise la Is Ire Is Is Is Is Is Is Is Is Is Is Is I I 6�5L_�—_L—� _L_ �_I _L_rl__A__I_L_ 1a - —11.— _L__Ia _L_J _L_I —1 _I moll _IL __lg _IL _Ia _L -I 0+00 t«0p 2 00 885 _1 3+00 0+00 i7.0011 00 27043 00 3+00 470011 +00 570011 *00 6+00 1+00 5+00 9+00 10+00 DESIGNED BY: GBH DRAWN BY: GBH/GADO CHECKED: N0. DATE BY Reworks DATE: 7-28-94 I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER NYDIRECT SUPERVISION AND THAT I AN A REGISTERED LAWSEOFPTTHEESTATEAOFEMMIINNESOTANDER. DATE FE4. N0. 1111DLUID Pl MiIIR EnVlnNrin9 SVMrinp MENDOTA MEADOWS Mendota Heights MN. Mendota Homes Inc. SCALE: Nri - YrC 1' • 5' 94!01B STREET PROFILES F 9EET 1 FEY. _ A, r., -.r- 1 r -t, rlr,i r I u..L. t'I I L.11 :.rf .an CF1 r . t , t r. •- A 00 t . 11 .. I .1.lo I I4L. L_ r r,1.1 I • L_• 11 906 1 !I r— --.7-------- I .910—•AC,y1�21 . f / f I ! L Yr se JS I - .24 912 l TEMPORARY ROCK - - - � i:. n'I" s .... 99 i'__ SEI)IMEN? 11LRE.. CONSTRUCTION •civ I KAN - 7±r f -I I•:. r r� _ / _ r rA..t1 1 _02 MENDOTA MEADOWS, CITY OFMENDD.'k HIri�GHTS I I Fi7 I 1 '12 1 • \• \ \ RAIAYOSBAAtER ',hR1ARR•Dh_ X I II CZ I I I 1 I SILT FENCE .72 7D B� _ L . j7g tj6 7� FUTURE: • DAYCARE'•- FINISH FL0 8, •MEY..913.1Ok1 y.{ 71 fit • 61 4 rb le, XX J1TLO •: 5M L - `PONDING 1NFO. : - NAIEASHEO AREA • ti ACRES 1 41E1 56LUIE • 1.0 AC.FT.(590-119A AI STORM STORAGE_ 1...S.- FRO& TEARI -1---- 1094.4-1196.01 6URFACE AREA M 094.A • D. AC. F1. MEAN DEPTH • 3.0 FEET WE • 64.4 HIE • 696.0 t _r�\� .L \ • •f_ri v. i. —910----- -401,1 _ 906 ------------------------------------------------- I _ r/ I SOB 1 . I GENERAL; . GRAD'I NG NOTES: t N I Eri TA l ._ 494 ' LI INDEIlTIN6 YOPOGRAPIIY' FROM PIONEER ENGINEERING. 2.1 EXISTING UTILITY LOCATIONS AS -PER AS -BUILT PUNS PRDYICEO BY THE CITY OF IEIOOTA **MTS. 3.1 ALL DENUDED AREAS OUTSIDE OF THE STREET RIGHT OR NAY SHALL BE *VEGETATED MINIM 72 HOURS AFTER FINAL GRADING SEED KITH MOOT 600 161 SPECIFICATION NIOTUAE By JUNE 15TH IF PLANTING OCCURS AFTER AUGUST 15TH. SEED WITH A NURSE CROP OF AVE BY OCTOBER 5TH. IF PLANTING HAS NOT OCCURED BY OCTOBER 5TH, THEM DORMANT SEED THE SITE AFTER NOYENBER A. 'TRAM W6LCN SHALL BE SPREAD AT THE RATE OF 1 1/2 TONS PER ACRE ANO ANCHORED 11TH A STRAIGHT. SERRATED BLADE DISC. AVAILABLE Tv SOIL SHALL BE SP EAD 10 A MINIMUM THICKNESS OF A . NCNES OUTSIDE HOUSE PA0 AREAS AND 2 INCHES NI FAIN HOUSE PADS. REFER TO THE G1401N6 NAIMIAL FOR CONSTRUCTION SCHEDULE. ALL MEAS ALTERED BECAUSE OF CONSTRUCTION MUST BE RESTORED MI IH SEED HMO OISCED MULCH. SOD OA 6000 FIBER BLANKETS. UREAS ALTERED NIIH A SLOPE OF 3:l OR GREATER MUST BE RESTORED .1TH $OD OR FIBER BLANKETS. 1.I MAXINUI CRI9EMA1 SLOPE NOT 10 EXCEED 10 X. s„c/r0 / . s -.... VASHED POCK 5'MIHIMUM ROCK CONSTRUCTION ENTRANCE ^ Filter FAOric Securely FeetenOO t0 Poet lay Fabric In Tren(:n-\ aatur11ee 511 -- Sleet or 51000 moot n• e11I. X01111 0,0 0.16• lemon 010 ' i011M 6acsyy foot. LTO.. 11 1111 One The TOO of F.OrIC Me 10.0eet The Sell Sno. Fence Filter Fabric SILT FENCE TYPICAL +a Seale Silt Fence 111161 S.OIeent Filter 2' 2• MOOD or Metal Stake. 4111111111 OIStAOC. 3,501,0 POSTS Is 2 Feet. An Extra POST May 6e Added On Eta Side. TYPE A SEDIMENT FILTER Woolf RAN 100643 0 ODRTES LOT . OENG1ES 1510 COME moms MIM SE1110i II MN LEGEND: • • '02 EXISTING STORK SEWER OYSTER' 40•Guisosis PROPOSED STOOK SEINER PROPOSED DIADINB LIMITS 41#♦M#41## PROPOSED SILT FENCE AS-BUILr 10 St415 1.0 •AS. X� ORAOED AREAS 104.51 O51 EXISTING FREE AtM*••**** re AFO FT, r Jnr 2/5 N • emelom•—XlI - WOKS Slt.l'I:FAE 50410 lIECAEC i::ESlrn I 44 '}1 41 N/rEGai JF rAWOE -ter — TYPICAL TOWNHOUSE BET. 50 :qV 150 _GALE i1 IEET SCALE.: I NCH = 50 1=EET SATE: JULY 28, 1994 DATE • TI f ,71 I/ I I I • sr -- r ~� C I TY Or_ JIENDD��-N 1-II�iiITS ..../ MENDOTA Ir-- / F.I I rs r, r -1J 11.'11 J ir-i. f / 1 I f17 ....a.,";:::: L ri 1 U.: L: v l 1:1/ •rll. lr"S L=F+ :�. 1 , \ I I 7: I 1 t .+ 1 IY .. I. L. i'rrlrl 1 L. .♦ JI .E 1 1 `, I I / I I I Z I I ,ter', i �+ :L:1v i GLI SHE \, I I I I I //. 1I I / Ir :L_i_ rr. Ni 1 L_! J \` I I I -• V I LG / / 1 I , .. - a I I I J 11 ! 1 / . 1 1 1 I f L 1 I . I 1 1 ; 11 •�� J d• I // \\\•:� I¢ WC SIJL 55_ I I 1 IS_^ r op r..r, ��' /�' MA I i0 .Ir.+i:Tn HEIGHTS riUAu O -' IL-- ��-_ IM �✓__ --____Y _— Y Y _Y Y Y Y Y Y 1%2• QI �yTEpYIM K IL Y LY G M --7—Y -T-I --- I T =909.2 ---- Iia T = 897.5 -- J I = H89.9 J- T yL�y�PVC7SAN. 32M/�R' -- -� S8s.0" - - -. S'�T��� yel tiwua r. ------------- PROJECT W818ER 941018 :F!' RAMP C----------------------------------- ON RAMP _----- — I i 1-- ..-- _ I I 1 /' II I / 1 / 1 I 1 I 1 I 1 LEGEND EXISTI* CONTOUR X•940. 7 EXISTING SCE ELEVATION EXISTIN; SANITARY SEMEN EX ISM"; MATERIA IN —a�SI-- ExISTINS STORK SEVER X—x— EXISTINS FENCE —E—E— OYEWEAO PONS LINE PROPOSED 8 SANITARY SEMEN RCP= 1UTERMMIM MIMMMIMMYMM7MN PROPOSED STOW SENFA • • N.. .. ` \ . ,\ `` ` \ \ \ \ N \ NN N � X . \ \`. \ \ N \ \ N \N. . \ \ \.\ \ \ `\ N. N \ N N N \ .. '\ N \ 1 N \ \ \ 1 1 .\ 1 1 \ 1 1 • 1 1 N 1 1 1 I I I IN I 1N 50 .. 0 SO 100 \•J 150 SCALE IN FEET SCALE: 1 INCH - 50 FEET DATE: JULY 28, 1994 HEIGHTS SITE 2 J a PREL I M. UT IL I TY 0 a U f . 2 wOn ln. aW U.) 1.'5 yZ N o Wz x K H CA o UfW _ZEMum Sao W a orww ICIECREO W 9i Dula+ SHEET IL €R 3 nit! ..naeta-I DATE 7-28-94 I ( ) • CC Poe • 46. Oan. I ...- ._ ..., -1- - I 3 ...- ,,--,-, , ri, -,r-I, 1 r- 1 i •-• i i - , , r: t: I / .--- . ; obi:. ;,; 7. --- ' C F, ; NGI._[-= F A M ; L_Y 1 1 .: / -- ct .....: ,...- <_. i 1 I -- L / 1.4-_,P;DC=FVIE;'; FAM ; \ / HEIGHTS ROAE; MENDOTA MEADOWS C I TY OF IIFJ111111-TA- IIE-1-GHTS I T, 8 INTERSTATE 494 795 012084! 06183071 AUXIN 140. • A Onc 14. • IN Oeu. I IS WWI n MILDER • 77 6 WAX 3 as 40 BailiCIER 18 Il oa 3 POLAR II 141111 • 79 4 ONE A SCIPUA 42 PliE • 80 4 PDS 5 KRA 43 0116/E86E • El 4 PINE 5 OM 46 CUM WPM • 62 4 PINE 7 Off 45 C14011.1 • 83 9 MAKE DENOTES e 0* 4 2 0=10111 eA 10 1511 REDUCED 9 OAK 47 0 90:4110 85 10 4166 PAO SIZE IS OAK a =EDO 611 15 am II 046 4 00410E1 87 10 ELM SR' DEPTH is Dm 50 8OULDES 88 10 ELI 13 POPLAR 51 0 eaTEDER 99 9 MUER 14 POPLAR u 0 IMOD 90 14 13060.009 15 POPLAA 53 MELLO 91 t2 011.01 16 POUR 54 46XF100 92 12 901E1411 17 ELM a EMBER 93 12 8010.001 18 POPLAR m 0 ASS 94 5 -IS AU Is 601AA 57 2 AM 95 8-10 4511 20 POPLAR 58 9 'AKE 96 5-10 AM 21 MLA 59 4 OM 97 4-10 ASii 22 FORA • 50 8311 90 5-10 4514 23 4511 • 51 gm 99 10 e481E 24 0 OAK • 62 gm WO 8-10 EIJI n (1161APP1 63 2 OM 101 8-10 Elk 26 01084911 64 2 UN 02 040 E24 07 KARE 65 4-6 MAI 103 10 E13 78 0641 01 86880 icii 12 AGM 21 049.1 67 POLE 105 36 COMORO XI EMDEN a tdetE 105 40 COTTONING 31 0 8(914.001 59 WEE 07 id OA n al To 0.4111 106 12 HMI 33 Ow 71 54811 105 12 NAME 74 011651411 n *RE 110 14 *76.0 m 01111001.1 73 WU III A *PIE 38 01110811E 74 *86.E 112 le emu 37 UM 75 WIC 113 12 94111E 4 1800EM 76 1114111 114 14 PIK 115 12 YALE DENOTES PRO SIZE AVERAGE 40.0 • 0001E3 MEDI TO BE WM 86 sitE 12.01 :114.0 51.3 a, 44 1112 to .0 Plit OVERFLOW P40(186.4-- - 0.30 54.0 40. 0 .114.0 12 0 10. 0 DOUBLE CAR GARAGE (FOUR PARKING SPACES EACH UNIT) 2.0 14.0 644. 0 220 14.0 Al8 STREET PARKING' 8 26 PARKING PROVIDED (For 36 Townhouse Unite) Enclosed - 72 Overflow • 72 Street (One Side Of Road) • 20. TOTAL PARKING SPACES ' 164 SITE DATE: Lot+Area Piont-of-way OutlOt A Outiot B Total Site Area 294. 242.S0. FT. - 6. 75 AC. 77. 836S0. FT. • 1. 79 AC. 41. 32.S0. FT. • 0. 94 AC. 58. 755480. FT. - I. 35 AC. 471. 965:50. FT. • 10. 83 AC. RESIDENT/AL SITE DATA: Not Site Area(Less P/TMOL. 81 Total No. Lots Total No. Units Gross Density Bu I !ding Area (Includes Pat i os/Porchs ) moery I ous Area I includeS Above Sldwalks and Driveways) CHILD CARE SITE DATA: 335. 374.50. FT. - 7. 70 AC. Net Site Area • 58, 755.50. FT • 1. 35 AC. 36 13u I i d I ng Area 7. B94.50. FT. • 13.4445 Coverage 35 ',Mery loos Area - 21. 020.50. Ft.- 35.7845 Coverage 4.68 un I ts Per Acre I Includes Bldg.. Sldwalks. • 81, 136.50. FT. • 25. 19% Coverage Parking S Trash Enclosure. - 102, 144.50. FT. • 30. 46% Coverage -50 - 0 50 100 150 SCALE IN SCALE: 1 INCH = 50 FEET DATE: JULY 28. 1994 FEET PROJECT NUMBER 9.11018 7. a a] Ti 2 54 86 ...._11111111 • sl co o 3- 0. 0840. a DRAM ICHECKEO !DESIGN SHEET NuKEIER 4 - a - GATE 7-28-94 CC n� . vQ FIA /15 Ail T - r, I i�:TC_Sv I i.ls i11: riL 4, r . ♦.1•.I E . . , 1 l :• I le.7l_L= r 8111 I L-,� Jl I I 71 1 I 1 R.2 4, 3144, 2f• OUTLOT 8 SF • 511 7$6 8�53'12.E 210.00 ME 1/4 859 1/4 SEC Sia. T. 21 0. 238 SEC 36. T. 24 R 239 9oT TO SCALE LOCATION MAP •678. Io �' I S.F. • 11.885. IAter\ 24'29•( y1C� 134 23 gib 2 9l' AlM S.F. 9.W. •,� M � of 0001 ter %-417. L / 10A O S.F. •Q. 383. / V` 3 41* / S F. • I 4 a 3I6• 1 10453 her 24'27E 579.11 1146 - - - 51100 S F • 15.170a 5..F..5. .476 ..ize 09 4.202 SO .er.`'�� & Kgtih R �v SJ, 8 *2 7 t M 45.5 54. as L i+1Eirr TA 50.00 - - SF.1.554* SF. • 6.391. 6 y 5 v. :'21'49 59753'12•E 10400 MENDOTA S69'S3'3YE 100.00 Jn s F . tun, e 5 :g 6 2;g SF • 7752a • 4 Is -rF- i i .43-0 7=-1D . 08_2 54.03 DRAINAGE ANO UTILITY EASEMENTS ARE SHOWN THUS: o 0 0 0 t Being 10 fest In width at adjoining street and plat lines unless otherwise shown on this plat. S89' 53'LYE 250.15 S1 TE DATA 3487 1 1� A ;g 4,P 7 hl„ 8 • S INTERSTATE 494 EXISTING ZONING . PROPOSES ZONING EXISTING LANO USE : PROPOSED LAND USE : LOTS 1-28 SILK i LOTS 1-8 BLK 2 OUTLOT A OUTLOT B RIGHT -OF -MAY (Mendota Msadowe) 5-1 RFP1O La 81511! 5ESITESITIAL IWIlfl SSBITT FESI5EIITIAL SQUARE FEET. ACRES. 231. 766 62, 497 41. 132 56. 755 77. 636 5.32 1. 43 .94 1.35 1. 79 TOTAL SITE AREA 471.965 10.93 (Includes Acquired Mendota Hots Rd. R/W 10,262 . 24) TONNHOME S I TE DATA: NET SITE AREA LESS OUTLOT B I CUM BUILDING AREA . IMPERVIOUS AREA . NET SITE DENSITY : TOTAL NO. OF LOTS : TOTAL NO. OF UNITS : 335. 374 61. 136 102. 144 7, 70 25. 19f COVERAGE 30. 461 COVERAGE 4.68 UNITS/ACRE 36 35 CH 1 LD CARE S I TE DATA: SITE AREA (OUTLOT e) BUILDING AREA IMPERVIOUS AREA . 58, 755 7, 884 21. 020 1. 35 13. 149 COVERAGE 35.769 COVERAGE INDEX R•872 1• £•5.52' . 1.5> se 5• II L H E I'GHTS 59.37 11113 0.4 S F. • 7.160. 2P 4 41W 3 A i Af•32. •f) 405.4. 6•600. OB "47 • 5b d.2g,Op 20 . 55 f2 R.see 00 r 50 A.6, p8 4.6.:6 4e 0p.00. �9+4TO`. f. ` V y W 5B. 4.�'b; �� Q ,4 s 9 Ati $ 07• `sem $ 11 $/ /elf 6620x/47 £2 41.s.; • ,...3. ...5-4.• 5 5 61 13 W ,e•+i d 2 2b Nt. 4 .L* 4 10.W 3 ,;41 ,4 3T 4. 93 �d :a / s c • 5111 44 of 59 / \ / l S; NIGL E IFAi4: L_Y ) ria: A 59.94 S.F. - 8 318• :4'39'34 d. 1.903 )b I.se30, 135. 35.86 iR 4 / if .,,. „5. 2 1 ., ION •W a e or 0.5 &»34. 9 8' Si. s • S .-,Q• SF.\6999• 4.33 1. ) PRELIMINARY PLAT/COVER SHEET 2. ) PRELIMINARY GRADING PLAN 3. ) PRELIMINARY UTILITY PLAN 4. ) SITE PLAN / TREE INVENTORY 5. ) LANDSCAPE PLAN LEGAL DESCRIPTION Iii that part of the Southeast 1/1 of Ills Southeast 1/4 of Section 35. fosasals 25 Mirth, Ren9s 23 Seat Welch I In easterly of Deas Reed. and northerly of Intel•etate 41511119 N0. 149. ALSO + The lost 460.09 fat If the North 650 root of the Southwest 1/4 of the Southwest I/4 of Sottish 38 Towi8ip 25 Werth. Rams 23 fast ALSO That ;art of *wigs heights RPM lying south of a Iins dlstast 40 foot Neta of 125 centerline thereat eel Nat of the Oast lira ar Dow Road. COMB I NED S I TE DATA : SITE AREA ( Less R/M) 394. 129 9. 05 BU ILO NB AREA 09.030 22.592 IMPERVIOUS. AREA 5.23. 164 3i. 251 4 f0= a6. IB9'2722'E 11 sl 00 • e. O 1,. eo ''°49 •a. 115- - 28 S.F. - 3833. 39700'07E 110.59 7 S. F. ?5.191. 490.00' OR "at 59 119.24 9. .y S.F. • 18341. D• 9 28 4. •3 ��5. F • 1.519* 25 �i F. • 6.175. 41. FL 9154,1/47.# it N iF. f. 114 fv\ ,74 839 !W 21 - A•6•t1' 14• A 2. '004 C10 4• /s 8 R MENDOTA MEADO■SI C I TY OF_ MENDOTA- NE -I HTS 33 l 1 I ~ is I 3 1 1 i � I 23 8972722'( 121 j3 oda'r 20.919•200 V 1' OUTLOT A S.F. • II, 132. It 59 58700' 009E !10. Q7 90. 17 1I S.F. • t1119. 221 ei 03. I8 1 R4 4. .9 31.04 21' 50 t>8 0 + (L 50 100 150 SCALE IN FEET SCALE: 1 INCH = 50 FEET DATE: JULY 28. 1994 PROJECT NURSER 941019 59 3 i a 59 C.0 C. S. a a s 2 a 1 f 5- Q W J I- a • lE U1 J I- W LO CC LO a. W H Z W < I- U] o E_ o W Z W Ola U LL W g _ W SalA.a1 I0E5X50 *,*R 4.1 1 44 I 41 SHEET 941SEA i 1" a •.ncoia-I SATE 7-25-54