1994-12-06/
�
0
CITY OF bSENDOTA HEIGHTS
DAKOTA COIINTY, MINNESOTA
AGENDP,
December 6, 1994 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of October 18 Minutes
November 9 Election Canvassing Board
5.
�
7.
�
Minutes
Consent Calendar �
a. Acknowledgment of the Building Activity Rep�ort for
November.
b. Acknowledgment of the Fire Department Reports fo� October
and November.
c. Acknowledgment of the November 22 Planning Commission
Minutes.
d. Approval of MnDOT' s Request to Extend the Expirat�ion Date
of Temporary Easement Parcel No. 371A.
e. Approval to Establish Private Watermain for the iilywood
Development.
f. Approval of Delinquent Sewer Resolution - RESOL ION NO.
94-85
g. Approval of PrimeNet Marketing, Inc. Contract fo Private
Development.
h. Approval of Final Contract for Private Development -
General Pump.
i. Acknowledgment of the Treasurer's Report for No ember.
j. Approval of the List of Contractors.
k. Approval of the List of Claims.
End of Consent Calendar
Publie Comments
Hearinas
a. Truth-in-Taxation Hearing - 7:30 P.M.
RESOLUTION N0. 94-86
b. Friendly Hills, Pagel Road and Hazel Court Str �t
Reconstruction Feasibility Hearing - RESOLUTION 0. 94-87
c. Case No. 94-32: Heaver - Subdivision/Lot Splitl
a. Continued discussion on reque�t for
Subdivision/Lot Split - RESOLIITION N0. 94-88
d:
u
�
(Resolution Approving Lot Division for Lots�l
and 2, North Ivy Hills Second Addition and
RESOLIITION NO. 94-89 (Resolution Approving a
Lot Division for Lots 2 and 3, North Ivy Hills
Second Addition)
Conduct public hearing to consider vacating
the drainage and utility easements - 8:00 P.M.
- RESOLIITION NO. 94-90
8. IInfiaished aad New Busiaess
a. Discuss Brookfield Lane Condemnation -
RESOLIITION NO. 94-91
b. Case No. 94-35: Dr. Barbara Lee - Sign Setback Variance
c.
d.
e.
Case No. 94-37: Werthauser - CUP - RESOLIITION NO. 94-92
Discuss Purchase of Outlot B, Mendota Meadows from R.A.
PuLnam and Associates.
Discussion on Prioritizing Proposed Ordinance Amendments.
9. Couacil Commeats
10. Adjourn
Auxiliary aids for disabled persoas are available upon request
at least 120 hours ia �dvaace. If � notice of less thaa 120
hours is received, the City of Mendota Heights will make every
attempt to provide the aids, however, this may not be possible
oa short notice. Please contact City Admiaistratioa at
452-1850 with requests.
�
Page No. 417:
October 18, 15
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 18, 1994
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Hei�
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following
present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Coun
notified Council she would be late.
AGENDA ADOPTION
Ayes: 4
Nays: 0
APPROVAL OF MINUTES
Ayes: 3
Nays: 0
Abstain: 1 Smith
Councilmember Smith moved adoption of the
meeting.
Councilmember Huber seconded the motion.
Councilmember Krebsbach moved approval of the
October 4, 1994 regular meeting with corrections.
Councilmember Huber seconded the motion.
Minnesota.
were
r Koch had
agenda for the
of the
CONSENT CALENDAR Councilmember Smith moved approval of the consen� calendar for
. the meeting along with authorization for execution of�any necessary
documents contained therein. I
a. Aclaiowledgment of the Treasurer's monthly
September.
b. Acknowledgment of the Fire Department
September.
c. Acknowledgment of the u.napproved minutes of
7, 1994 NDC-4 meeting.
d. Aclrnowledgment of the minutes of the October 1:
and Recreation Commission meeting.
e. Aclrnowledgment of a memo from Treasurer S
regarding MWCC billings and anticipated rate
for 1995.
for
report for
September
'., 1994 Park
needs
Page No. 4176
October 18, 1994
f. Adoption of Resolution No. 94-71, "RESOLITTION
PROVIDING FOR PUBLIC SALE OF $290,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF 1994,"
and Resolution No. 94-72, "RESOLLTTION PROVIDING
FOR PUBLIC SALE OF $1,300,000 GENERAL
OBLIGATION REVENUE BONDS OF 1994."
g. Adoption of Resolution No. 94-73, "RESOLLTTION
ACCEPTING WORK AND APPROVING FINAL
PAYMENT FOR 1994 STREET OVERLAY PROJECT."
h. Approval of issue a sign permit to GNB Technology for new
sign faces and two new signs at 1110 Highway 110 as shown
on drawings submitted with the permit application.
i. Approval of temporary variances for Joan Bjorklund to allow a
19.6 foot temporary sign and sign material variance to allow a
canvass sign to be placed over the monument sign at the Ethan
Allen building from November 16, 1994 through November
26, 1994 and Mazch 22, 1995 through April 1, 1995, along
with waiver of Planning Commission review.
k. Approval of the list of contractor licenses dated October 18,
1994 and attached hereto.
1. Approval of the list of claims dated October 18, 1994 and
totaling $209,628.34.
m. Authorization for the City Administrator to approve purchase
orders not to exceed $5,000 to buy, program and install a
second mobile data terminal in a Mendota Heights squad car.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PROCLAMATION Council acknowledged a memo and proposed proclaznation
regazding violence prevention. Mayor Mertensotto read the
proclamation for the audience.
Councilmember Smith moved to adopt a"PROCLAMATION
ACKNOWLEDGING OCTOBER 23-30, 1994 AS VIOLENCE-
FREE WEEK AND OCTOBER 27, 1994 AS TURN OFF THE
VIOLENCE DAY."
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
Page No. 4177
October 18, 19�
FIRE SAFETY AWARDS Council acknowledged a memo from Fire Marshal Ka..
the third annual fire safety awards. Fire Chief Maczko
introduction. Mayor Mertensotto and Fire Marshal K�
awazds to representatives of Batesville Casket, Somer:
Club, Mendota Heights Animal Hospital, 3M, St. Pau]
Methodist Church, St. Peter's Church, and Solvay Ani
Mayor Mertensotto recognized 18 additional businessE
not represented at the meeting.
EXPLORER PROGRAM Council acknowledged a memo from Chief Maczko a�
from Firefighter Jerry Nelson, Jr. regarding interest e�
members of the fire department in starting a Firefighti
Post at the fire station, and requesting $250 in start up
Firefighters Nelson and Ken Weisenberger, also Scou�
Boy Scout Troop 264, were present to answer questio�
Chief Maczko gave a brief presentation on the progra�
Weisenberger gave an overview of the activities the P
involved. He explained that the program does not inv
fighting but is more focused on scene safety and fire �
stated that the participants will not be involved in any
situations.
Mayor Mertensotto sta.ted that the department should
sure the city is protected under the Boy Scouts of Am
umbrella policy in case of injury to a participant. He
perhaps the city can get a rider on the BSA policy.
Mr. Weisenberger responded that the BSA has a$15
which covers BSA for personal properiy damage and
liability. He explained that the program is under the �
BSA. He stated that the program will be open to boy
the selection policy will possibly be in the form of a�
He explained that he would like to keep participation
young people because that is a manageable group, an
Council that five members of the fire deparlment hav
interest in getting involved. He stated that BSA gene
one adult to every ten participants for its programs.
Responding to a question about funding, Chief Mac;
that the explorer post will hold its own fund raisers 2
see the need for future city funding beyond the $250
He stated that the BSA policy covers all explorer uni
who helps with them under its blanket.
;r regarding
�ve a brief
er presented
: Country
United
�.1 Hospital.
which were
a letter
�ssed by
Master for
IVIr.
would be
e fire
�ention and
:tobe
(BSA)
;sted that
policy
�spices of
and girls and
t about 20
iniormed
expressed
illy requires
� explained
. he does not
�rt-up cost.
and anyone
Councilmember Smith moved to authorize establis ent of an
explorer post program and endorse an expenditure o$250 from the
Ayes: 4
Nays: 0
Page No. 4178
October 18, 1994
Fire Depariment budget, along with�direction to staff to check with
the city's risk cazrier to verify that the city is covered or get a.n
endorsement on the BSA policy.
Councilmember Huber seconded the motion.
Councilmember Koch arrived at 8:00 p.m.
BROOKFIELD LANE Council acknowledged a memo and proposed resolution from Public
Works Director Danielson regarding the condemnation of a roadway
easement across Brookfield Lane. Ms. Janna Patrick, 2536 Arbor
Court, owner of Outlot A of the Mendota. Woods Addition, was
present for the discussion.
Mayor Mertensotto sta.ted that the city owns utility easements on
Brookfield Lane but does not have a roadway easement. He stated
that Outlot B must be served by a public street, and since the
Kensington Manor Homes Association has voted not to grant access
to the outlot from Brookfield Lane, the city will have to acquire
Brookfield Lane by condemnation. He explained that the
homeowners association has been informed that if access was not
granted the city would commence condemnation proceedings. He
stated that he would like to give the association another opportunity
and that he has asked staff to retain Blake Davis to do an appraisal.
The appraisal would be presented to the association and they would
be asked if they will negotiate so that condemnation can be avoided.
Ms. Patrick stated that she is disappointed with the association's
denial of access and asked what assessment she may be faced with if
the city acquires the right-of-way.
Mayor Mertensotto stated that he would prefer that Brookfield not
become a public street but if it does there will likely be an
assessment against the Patrick property.
Public Works Director Danielson informed Council that the
appraisal should be available by the November 15 Council meeting.
METRO II VARIANCE Council acknowledged a memo and proposed resolution from
Assistant Batchelder regarding a special use pernut for Metro II in
response to its variance request for proof of parking which had been
discussed by Council on September 6 and continued.
City Attorney Hart suggested that the approving condition be
revised to state that any future substantial increase in the density
and/or intensity of use would require an amendment to the permit.
Page No. 41'
October 18, 1
Councilmember Krebsbach moved adoption of Resolution No. 94-
74, "A RESOLUTION APPROVING A SPECIAL P�RMIT FOR
PARKING FOR METRO II AT 1300 MENDOT'A HEIGHTS
ROAD," revised as recommended by City Attorney H�rt.
Councilmember Koch seconded the motion. �
Ayes: 5
Nays: 0
CONTRACT EXTENSIONS Council acknowledged a memo from Administrator L�well
PENTEL CONSiILTANTS regarding extension of Geoffrey Jillson and/or Dr. John Dubois'
consultant contracts with the city to analyze the Pente antenna
tower proposal.
Responding to a question from Mayor Mertensotto, Ci�'ty Attorney
Hart stated that he does not anticipate any court work unless Ms.
Pentel's legal counsel initiates a motion in court. I
Ayes: 5
Nays: 0
CURLEY PROPERTY
Mayor Mertensotto recommended that Mr. Jillson's �
increased by $1,000 and Dr. Dubois' contract cap be
$500. He informed Council that he received a fax fr
Bellows to the city's legal counsel, Eric Nystrom, sa;
no commercially available roof-mount tower that wc
reasona.bly reliable communications. He stated that
Bellows' opinion and the city's experts will report ba
November 1. �
Councilmember Huber moved to increase the budgete
retaining the services of Mr. Jillson by $1,000 and to i
budget cap for Dr. Dubois by $500.
Councilmember Smith seconded the motion.
Council acknowledged a letter from the Stuart
its attempts to acquire the Curley site and an a
Assistant Batchelder.
Mayor Mertensotto reviewed the request, stating that i
Companies has one client that would like to locate on
felt it would be premature for the city to commence cc
the land as requested by Stuart without knowing who
the remainder of the site and what would be proposed
remainder of the development.
MSP COMPREHENSIVE PLAN Cou.ncil acknowledged the MAC "Long-Term Co
Plan/Draft Alternative Environmental Document"
with a related memo from Adminishator Lawell.
�tract cap �
;reased by
Attorney
g that there is
i give
� is Mr.
on
amount for
�rease the
ies regarding
�emofrom
.e Stuart
ie site. He
idemnation of
�11 develop
�r the
iensive
iSP along
Page No. 4180
October 18, 1994
Mayor Mertensotto informed the audience that the MAC has
scheduled a public hearing on the draft document for October 26.
He explained that there is opposition to the extension of runway 2
and lawsuits have been authorized regazding that extension. He
stated that if the solution is to withdraw that extension, the
north/south parallel runway could be placed in jeopardy and the
north pazallel runway alternative could be the result. He further
stated that although the MAC would say that the runway would only
be used for landing, this will not likely be the case and Mendota
Heights would be significantly impacted - there would be
considerably more overflights and property values in the city would
be negatively impacted. He encouraged residents to attend the
hearing, stating that the city needs a lazge group of people to appear
at the hearing to let MAC know they oppose the north parallel
runway alternative. He also asked the representatives of the press to
publicize the hearing. He pointed out that the noise contours in the
document aze no where near what the ANOMS system shows.
Administrator Lawell stated that a packet of information will be
available for any resident would like one.
Councilmember Smith stated tha.t the report is also flawed in that it
does not use the 1994/95 contours when talking about how many
people would be impacted by the north parallel runway, but uses a
contour that includes the Curley Addition. She pointed out that the
north parallel runway has the potential to impact people much
farther north of T.H. 110 that aze now impacted.
Councilmember Krebsbach pointed out that the MAC is an
appointed body and Commission members aze from northern
suburbs although the southern suburbs receive 65% of the flights.
She stated that those representatives are making decisions which
significantly impact Mendota Heights, and suggested that the
information packets include information showing where each
representative on MAC comes from.
Administrator Lawell informed Council that he will gather all
comments from Mendota Heights residents who attend the heari.ng
and will prepare a document for approval by Council and
submission to the MAC by the November 25 deadline.
MENDOTA INTERCHANGE Council acknowledged a letter from Mn/DOT responding to a
NOISE letter from the city expressing Council's concerns regarding possible
impacts associated with the Mendota. Interchange Project. Council
also acknowledged an associated memo from the City
Administrator.
Page No. 418
October 18, 1 �
Mayor Mertensotto informed the audience that the letl
drew their attention to the retaining wall along the sou
110 and to alert Mn/DOT that the city is waiting for tt
forth with a landscaping plan for the roadways. He e�
Mn/DOT will have to wait until next year to do landsc
during the winter months the city can work with them
pazkway design.
to Mn/DOT
side of T.H.
n to come
�ined that
�ing but
�the
LEGISLATIVE POLICIES Council aclrnowledged the recommended policies and legislative
proposals of the Association of Metropolitan Municip ities (AM1Vn
for 1995, along with an associated memo from the Cit�
Administrator. i
Responding to a Council question, Administrator Lav�
it is the position of the AMM that the entire Metropol
should be elected and that memberslup on the MAC s
metro-based, as they have metro-wide taxing authorit;
informed Council that Assistant Batchelder served on
ll stated that
�n Council
>uld be
He
policy
development committee and suggested that this be inc uded. Also
responding to a Council question, he stated that the ci � notified the
AMM last yeaz that Council does not support the 's position
on the gas tax. He stated that he will notify them aga' .
Councilmember Krebsbach stated that the document is reasonable
and she would endorse it.
Mayor Mertensotto suggested that the city raise the
turnbacks and funding because the city would have
would incur a funding liability. He also stated that
talk about aiiport policies, pointing out that the poli
address air noise or noise attenuation. He felt that e
airport policy should be one of the city's priorities.
Councilmember Smith agreed, stating that the city
in next yeaz's policy so that it is addressed.
ue of highway
options and
city should
does not
ansion of the
start early
Councilmember Koch felt that Council needs to take a look at the
policy on transportation impact fees as well.
Administrator Lawell responded that staff will comm nt to the
committees working on these policies next year so th t the city's
concerns are addressed in the draft. He sta.ted that co � tinuation of
HACA is one of the city's top priorities as well as air oise and
funding shifts from the metropolitan area to Greater I�innesota.
COLTNCIL COMMENTS Councilmember Koch stated that she gets many calls �om people
about additional landscaping in ivy Falls Park. She al o stated that
Page No. 4182
October 18, 1994
she gets calls about the pond also and asked if something can be
done about the green slime on the pond. �
Public Works Director Danielson responded that a decision must be
made as to whether to remove the tops of the skimming devices at
the pond to allow debris to pass through them.
COMMISSION Mayor Mertensotto noted that the Park and Recreation Commission
VACANCY minutes indicate that Vicki Katz plans to resign. Administrator
Lawell informed Council that Ms. Katz has submitted her
resignation, effective in September, and that the resignation should
have been on this evening's agenda.
Ayes: 5
Nays: 0
Councilmember Krebsbach suggested that Ms. Liz Plummer, who
was present at the meeting, see if someone from her neighborhood is
interested in serving on the commission.
Councilmember Huber moved to accept Vicki Katz' resignation with
regret.
Councilmember Smith seconded the motion.
Ms. Plummer sta.ted that she will inquire of her neighbors to see if
anyone is interested.
Sta.ff was directed to submit press releases about the vacancy in local
newspapers.
COLTNCIL COMMENTS Councilmember Krebsbach asked for Council support for her
application for appoinhnent to a government information access
. council. Mayor Mertensotto asked Councilmember Krebsbach to
submit information on her qualifications to the City Administrator
and that Council will direct the City Administrator to write a letter
of support.
ADJOURN There being no fiuther business to come before the Council,
Councilmember Koch moved that the meeting be adjourned to
closed session for discussion of labor negotiations.
Councilmember Huber seconded the motion.
Ayes: 5
Page No. 41 i
October 18, 1
Nays: 0
TIME OF ADJOURNMENT: 10:35 o'clock P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
� � � r
LIST OF CON2'RACTORS TO BE APPRC7'V�D BY CITY COUNCIL
Oetober 18, 1994
AsQhalt Contractor Licease
South Suburban Asghalt
Masoary Cantrac�or Lice�se
Darrel 01son Masonry Co.
Sch3.agel Masonry
Faccavatioa Coatractar Li.cea�se
BevZor Util.ities Inc.
Geaeral Con�raetors Licease
C�lPA, Inc .
Heartland Industries
Gas PiQiag Contractor Licease
Air Conditioning Associates Inc.
Cron�troms xeating & AjC
Richfield Plumbing
SVAC Coatraetors Licease
Triple D Heating & AJC
Drywall Contrac�or�s License
Pres�ige Drywall, Inc.
November 9, 1:
Page No. 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Election Canvassing Board Meeting
Held Tuesday, November 9, 1994
Pursuant to due call and notice thereof, the Election Canvassing Board meeting of the
of Mendota Heights, was held at 7:00 o'clock P.M. at City Hall, 1101 Victoria Curve,
Minnesota..
Mayor Mertensotto called the meeting to order at 7:00 o'clock P.M. The following
present: Mayor Mertensotto, Councilmembers Huber, and Koch. Councilmembers
had notified Council that they would be absent.
Council, City
iota Heights,
were
h and Smith
The City Council, acting in its capacity as Election Canvassing Boazd, accepted the resul of the casting
and canvass of votes in the November 8, 1994 General and City Election, as presented by e City Clerk
and as follows:
Precinct 1 Precinct 2 Precinct 3 Precinct 4
��a nr ir��^,i
Charles E. Mertensotto 568
Williaxn L. Knaus 33
Write-Ins 0
Overvo es 154
Total 1,656
Councilmember
Jill Smith
Christine Koch
Timothy S. O'Gara, Jr.
Write-Ins
Overvotes
Undervotes
Total
Ayes: 3
Nays: 0
Precinct 1
799
864
736
15
0
898
3,312
947
145
24
0
127
1,243
Precinct 2
675
597
577
7
0
630
2,486
572
164
30
0
82
848
Precinct 3
463
424
424
7
0
378
1,696
814
154
46
0
103
1,117
Precinct 4
597
529
531
10
0
567
2,234
Councilmember Huber moved that the Canvassing B
Jill Smith and Christine Koch are elected to the City
four-year terms a.nd that Charles E. Mertensotto is el�
a two year term.
Councilmember Koch seconded the motion.
�inct 5 Total
87 ,406
127 858
13 146
0 0
133 599
145 6,009
�inct 5 Total
621
481
483
' 11
0
find that
icil for
Mayor for
3,155
2,895
2,751
50
0
3.167
12,018
ADJOURN Councilmember Huber moved that the meeting of the Election
Canvassing Board be adjourned.
Councilmember Koch seconded the motion.
Ayes: 3
Nays: 0
TIME OF ADJOURNMENT: 7:30 o'clock P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Chazles E. Mertensotto
Mayor
2
T0:
FROM:
SUBJECT:
MEMO
Date: 11-26-94
Mayor, City Council, and City Administrator
Paul R. Berg, Code Enforcement Officer ��� `� �
euilding Activity Report for November 1994
CURRENT MONTH
BUILDING
PERMITS; No. Valuation Fee Collected
SFD 2 425,158.00 3,415.51
APT 0 0 0
T04fNH0USE 0 0 0
CONDO 0 0 0
MISC. 21 63,325.00 1,385.05
C/I 10 2,045,435.00 11,933.17
-------------------------------------------i
Sub Total 33 2,533,918.00 16,733.73 �
TRADE
PERMITS•
Plunbing 7 185.00
Water. 22 110.00
Sewer 10 175.00 I
Heat, AC, '�
& Gas 13 1,145.50
-------------------------------------------i
Sub Total 52 1,615.50 �
Licensina:
YEAR TO DATE 94
� No. Valuation Fee Collected
�
� 47 8,904,886.00 74,029.35
� 0 0 0
� 0 0 0
� 10 928,524.00 6,269.18
� 342 7,977,058.00 65,162.89
I 63 17,115,909.00 85,476.76
•------------------------------------i
462 34,926,377.00 230,938.18 I
127
91
80
8,580.00
455.00
1,400.00
247 21,986.00 I
"""""' � - - - - -' --' - -""""' -"�
545 ' 32,421.00 �
YEAR TO UATE 93
� No. Valuationl Fee Collected
�
� 78 13,025,915.40 10b,067.96
� 0 0 0
� 0 0 0
� 50 4,701,885.�0 32,280.63
� 291 2,230,735.00 37,655.47
� 61 6,157,613.00 48,218.53
•-------------------�-----------------
! 480 26,116,148.00 224,222.59
205
146
139
! 291
781
Contractor�s � I
Licenses 21 525.00 � 369 9,225.00 � 340
-------------------------------------------+------------------------------------+------------------�I
Total 106 2,533,918.00 18,874.23 �1376 34,926,377.00 272,584.18 �1601 26,116,148.i
NOTE: All fee amounts exclude Sac, 41ac, and State Surcharge. Amounts sho►,m Will reflect anly permit,
valuation amounts.
8,229.00
730.00
2,432.50
18,562.50
29,954.00
8,500.00
0 262,676.59
lan check fee, and
FIRE CALLS NO.
MENDOTA HEIGHTS FIRE DEPARTMENT
OCTOBER 1994 MONTHLY REPORT
94210 - 94223 NUN�EROFCALLS
FIRE ALARMS DISPATCHED: MJMBER STRIICiURE CONTENTS
ACTUAL FlRES
Structure - MH Commercial
Structure - MH Residential
Structure - Contract Areas
Vehicle - MH 1
Vehicle - Contract Areas
GrassBrush/No Value MH
Grass/Brush/No Value Contract
MEDICAL •
Assist 3
Extrication
HAZARDOUS SITUATION
Spills/Leaks
Arcing/Shorting
Chemical
Power Llne Down
FALSE ALARM
Residential Malfunction
Commercial Malfunction 3
Unintentbnal - Commercial 3
Unintentional - Residential 1
Criminal 2
GOOD INTENT
Smoke Scare 1
Steam Mistaken for Smoke
Other
MUTUAL AID
TOTAL CALLS 14
LOCATION OF FIRE ALARMS: TO DATE
MENDOTA HEIGHTS 14 194
MENDOTA 0 6
SUNFISH LAKE 0 10
LILYDALE 0 11
OTI-�R 2
TOTAL 14 223
WORK PERFORMED HOURS TO DATE
FlRE CALLS 248 4331
BIEE�{NGS 71 622.5
DRILLS 398.5 1485.5
WEEKLYCLEAN-UP 30.5 334
SPECIALACTIVITY 42 388.5
ADMINISTATIVE 0 0
FIRE MARSHAL 77 753.5
TOTALS 867 7915
14
MSC.
TOTAL MONTHLY FlRE LOSSES
$0 $0 $0
FlRE LOSS TOTALS MENDOTA HEIGHTS
ALL FIRES, ALL AREAS (MONTH) $ 0 _
MEND. HTS.ONLY STRUCT/CONTENTS _
MEND. HTS. ONLY MISCELLANEOUS _
MEND. HTS. TOTAL LOSS TO DATE _
BILLING FOR SERVICES
AGENCY THIS MONTH _
MN/DOT _
MILW. RR _
(�R RR
OTFIB3S:
LAST YEAR �
TOTALS: $ 0
172
6 FIRE MARSHAL'S TIME FOR 1�
12
11 NVSPECTIONS _
5
INVESTIGATIONS _
206
RE-NSPECTION
LAST YEAR
MFEI'NG'S
3963
527.5 ADMINISTRATION _
1588
324 SPECIALPF�ECTS _
621.5
0 TOTAL _
767
7791 REMARltS: SEE OTHER S�E F
)TALS TO DATE
�0
75,075
$0
12,800
$0
4
$12,800
487.875
0
27.5
0
6
6
35
77
SYNOPSIS
SYNOPSIS
The fire department responded to 14 calls during the month of October, 1994.
The following is a typical October calendar of events, a11 of which happened this month.
October 4 Fire call - Medical- 8:29 A.M.
5 Squad 1 Cleanup/Drill - Training on 2290 inventory, hands-
on on all tools
6 Monthly Drill - Different types of foam and applicators
Fire call - Vehicle accident with injuries - 6:08
P.M.
8 Fire call - Dirty smoke detector - 8:29 A.M.
10 Squad 2 Cleanup/Drill - 2290
12 Fire call - Henry Sibley - 10:13 A.M.
Fire call - Henry Sibley - 11:35 A.M.
13 Fire prevention at Somerset School - Show videos and
slides to Kindergarten and 4th graders. Also showed slides
of fire on Third Avenue to other students
14 Fire prevention - Mendota School and Visitation - Show
videos and slides
15 FIRE PREVENTION OPEN HOUSE - Mendota Heights
Fire Station
16 Fire call - Cax fire - Unfounded - 11:46 P.M.
17 Squad 3 Cleanup/Drill - 2290
19 Fire call - Alarm call - 10:16 A.M.
Monthly business meeting - Fire Station - 7:00 P.M.
20 Government Day at City Hall - Show lst graders from
Mendota School how Fire Department works with other
City departments
21 FIREMANS BALL - Bluffs of Mendota
Fire call - Medical - 11:39 P.M.
24 Squad 4 Cleanup/Drill - 2290
. Fire call - Smoke scare - 6:03 P.M. �
27 Government Day at City Hall - Show 1 st graders from �
Somerset School how Fire Department works with other
City departments
Fire call - Fire alarm - 11:39 P.M.
28 Fire call - Fire alarm - 8:10 P.M.
Fire call - Water flow alarm, broken water pipe - 12:32
P.M.
29 CHANGE YOLTR CLOCK, CHANGE YOUR BATTERY
- 6:00 P.M. - Sounded sirens throughout the City
30 Fire call - Fire alarm - 4:17 P.M.
31 HALLOWEEN BONFIRE - Stoodby during festivities,
prepared food
v'F' ; ♦
As complete as this list looks, it still does not include committee meetings
Relief ineetings that took place during October.
October 3 Officers meeting - 7:00 P.M.
26 Smoke detector giveaway in City of Mendota. 1�
bought 100 smoke detectors to distribute to the �
Mendota. MHFD showed the movie Fire Power
cookies and cider while residents picked up their
at the Mendota VFW
Fire
;nts of
served
s� �'v
FlRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR OCTOBER 1994
CALLS FOR MONTH FRE R� PEAC9�IT CLEAN MOMHLY G9�1 aFFlCER S�UAD FRE SPEqAL
14 CALLS CALL CALLS ATrEt�ED lP dRILL MTii MiC3 DRILL PREV. ACT.
YFAR TU DATE ATT'D HOURS ATT'D THIS 1 2 2 2 ADM
223 MONTH MOMH YEAR YEAR HOURS HOl1FtS HRS. HOUfS HOURS H011RS HOl1RS FRS
32
Adrian Ed 8 8 111 SO% 1 2 1.5 2 7.5
Blaeser Bret 12 12 146 6596 1 2 1.5 2 15.5
&ennan Mike 8 8 17 53% 1 2 1.5 2 6
Coates Aaron 3 3 89 40% 1 2 1.5 2 16
Connall Marcus 6 6 84 389�0 1 2 1.5 2 5 5
Coonan MGke 3 3 83 37% 1 2 1.5 2 9
Dreelan David 8 8 142 64% 1 2 1.5 2 12.5
Dreelan Paul 8 8 116 52% 1 2 1.5 2 5
Hennin Scott 14 14 181 819�0 1 2 1.5 4.5 2 16.5
Husni Ted 4 4 63 28% 1 2 1.5 6 5
Katzenmaier Ron 6 6 17 5396 1 2 1.5 2 9 5
Kaufmann Mark 4 4 82 37% 1 2 1.5 2 10.5
F6fbur Jim 6 6 112 50% 1 2 4.5 2 19
Ki R 8 8 121 54% 1 2 1.5 2 23 5
iqarkowski Walt 3 3 49 2296 1 2 1.5 2 6.5
kko John 10 10 103 4696 1 2 2
Lerbs Bill 8 8 136 61 % 1 2 2 9
Lerbs Jamie 10 10 112 50% 1 2 1.5 4.5 2 7
Lowe Ceor 7 7 154 69% 1 4 1.5 4.5 2 10.5 5
Maczko John 6 6 85 38% 4 1.5 4.5 14
Nfar.cko Mike 4 4 106 48% 2 1.5 3
McNamar R 7 7 79 35% 2
Nelson Gerald Jr. 6 6 152 68% 1 2 20 5
Nes John 8 8 110 49% 2 1.5 4.5 14
Olund Tom 3 3 75 3496
Oster Tim 4 4 83 37% 1 2 1.5 2 8
Paton Dave 6 6 11 34% 1 2
Perron Jim 9 9 138 62% 1 2 1.5 2.5 2 20.5
Perron Kevin 6 6 89 40% 1 2 1.5 2
Shields Tom 6 6 87 3996 1 2 1.5 2 2
S erven Gord 10 10 127 57% 2.5 2 1.5 2 7
Stein Keith 10 10 167 75% 2 2 1.5 2.5 4 13
Stenhau Jeff 8 8 116 52% 1 2 1.5 2 8
Weinzettel Tom 7 7 82 3796 1 2 1.5 2 3
Weisenbur r Ken 5 5 116 52% 1 2 1.5 2 13.5
Zwim Didc 7 7 78 35% 1 2 1.5 2
TI�TALFORAAOM'H 248 TOTALATTENDED 30.5 33 26 8 26 28 8
TOTALFORYEAR 4331 "fDTALMANHOURS 30.5 66 39 32 54 278.5 42
'THfS MONTH LAST MONTH LASTYEAR THIS
AVE. RUNSMIAN 7.75 )00000000(
AVE. MEN/RUN 17.71 1.88 17.94
AVE % FOR YEAR 50.71 50.40 52.2
FIRE CALLS NO.
MENDOTA HEIGHTS FIRE DEPARTMENT
NOVEMBER 1894 MONTHLY REPORT
94224 - 94243 NUMSEROFCAl1S
FlRE ALARMS DISPATCHED: NUNBER STRUCiURE CONTENiS
ACTUAL FlRES
Structure - MH Commercial
Structure - MH Residentiai
Structure - Contract Areas
Vehide - MH 2
Vehicle - Contract Areas
Grass/BrushMo Value MH 2
Grass/BrushMo Value Contract
MEDICAL
Assist 4
Extrication 1
HAZARDOUS SITUA710N
Spills/Leaks
Arcing/Shorting
Chem'�cal
Power Llne Down
FALSE ALARM
Residential Malfunction 2
Commercial Malfunction
Unintentional - Commercial 1
Unintentional - Residential 3
Criminal 1
GOODINTENT
Smoke Scare 1
Steam Mistaken for Smoke
Other 3
MUTUAL AID
TOTAL CALLS 2 0
LOCATION OF FIRE ALARMS: TO DATE
MENDOTA HEIGHTS 17 211
MENDOTA 0 6
SUNFISH LAICE 1 1 1
LILYDALE 2 13
OTf1�R 2
TOTAL 20 243
WORK PERFOFiMED HOURS TO DATE
FlRE CALLS 339 4670
NEETWJGS 50 672.5
DRILLS 138 1623.5
WEEKLYCLEAN-UP 35 369
'ECIALACTNITY 4.5 393
_ ,OMINISTATIVE 0 0
F{RE MARSHAL 74.5 828
TOTALS 641 8556
TOTAL MONTHLY FIRE LOSSES
20
MSC.
$1,000
$0 $0 $1,000
FlRE LOSS TOTALS MENQOTA HEIGHTS
ALL FIRES, ALL AREAS (MONTH) $1,000
MEND. HTS. ONLY STRUCT/CONTENTS
INEND. HTS. ONLY MISCELLANEOUS
MEND. HTS. TOTAL LOSS TO DATE
LAST YEAR
183
11
12
11
5
222
LAST YEAR
4183.5
601.5
1793.5
357.5
640
0
841.5
8417.5
BILLING
AGFNCY THIS MONTH
MN/DOT
MI.W. RR
q�RRR
OTH�iS:
TOTALS: $0
FIRE MARSHAL'S T1ME FOR
SPECIAL PROJECTS
TOTAL
I REAAARKS: SEE OTH� S�E
TO DATE
$0
75, 075
$0
13,800
SO
$13,800
$488,875
TO DATE
�0
$0
$0
$0
$0
��H
32.5
0
0
4
29.5
8.5
74.5
SYNOPSIS
SYNOPSIS
Firefighters responded to 20 calls in November, 1994. Calls consisted of
5 medical assists
5 alarm calls in which we were canceled enroute
7 investigate only ca11s
3 ca11s with small fires (vehicle fire, bonfire, electric pole-grass fire)
MONTHLY DRILL
Firefighters from the Metropolitan Airports Commission (MAC) Fire Department
instructed our department on basic rescue operations regarding an aircraft incident in the
river bottoms. The main theme of the rescue was based on helicopter rescue operations.
The Nfu�nesota State Patrol brought their helicopter for us to see and to tell us how they
would work with the department and MAC during a disaster.
CLEA1vIJP/SQUAD DRILL
The use of Self Contained Breathing Apparatus (SCBA) was practiced in a vacant
house filled with artificial smoke. This training fulfills some of the yearly training
requirements firefighters need concerning breathing apparatus.
\� w
FlRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR NOVEMBER 199}�
�
F� FlF� FRE P�Ii CLEAN MONiHLY GBd Oii�CER S�IIAD FALL I HiE
CALLSI ATTENDED
16 16 162 67%
11 11 28 54%
13 13 102 42%
8 8 92 38%
9 9 92 38%
11 11 153 63%
10 10 126 52%
Husni Ted 4 4 67 28%
Katzenmaler Ron 10 10 27 52%
Kaufmann Mark 4 4 86 35%
IGlbur Jim 12 12 124 51 %
IG , R 10 10 131 5496
KlarkawsW Walt 7 7 56 23%
Idco John 10 10 113 4796
l.erbs Bill 10 10 146 60%
Lerbs Jamie 9 9 121 50%
'owe Geor 11 11 165 6896
iczko John 7 7 92 38%
Maczko Mike 9 9 115 47%
McNamara Randv 2 2 81 33%
Nes John 6 6 116 48%
Olund Tom 3 3 78 32%
Oster T(m 7 7 90 37%
Paton Dave 7 7 18 35%
Perron Jim 7 7 145 60%
Perron Kevin 5 5 94 39%
Shields Tom 6 6 93 3896
S erven Gor 12 12 139 57%
Stein �Keith 16 16 183 75%
Stenhau Jeff 16 16 132 54%
Wetnzettel, Tom 4 4 86 35%
Weisenbur r Ken 11 11 127 52%
Zwim Dick 13 13 91 37%
TOTALFORNIONTH 338 TOTALATTENDEC
TOTAL FOR YEAR 4670 TOTAL MAN HOUF
THIS MONTH LAST M01
AVE. RUNSMIAN 10.59 X)OOOOOC
35
21 2
5
2
2
4
4
2
2
2
1
CITY OF MENDOTA HEIGHT
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION
NOVEMBER 22, 1994
The regular meeting of the Mendota Heights Planning Commis;
held on Tuesday, November 22, 1994, in the City Hall
Chambers, 1101 Victoria Curve. The meeting was called to �
7:30 o'clock P.M. The following members were present:
Dwyer, Lorberbaum, Duggan and Tilsen. Commissioner Fr
notified the Commission that he would be late. Commissio�
was excused. Also present were Public Works Direc�
Danielson, Planning Consultant John Uban, Administrative A;
Kevin Batchelder and Senior Secretary Kim Blaeser.
APPROVAL OF MINUTES
�ion was
Council
�rder at
Betlej ,
iel had
er Roll
or Jim
sistant
Commissioner Tilsen moved to approve the October �5, 1994
minutes with corrections.
Commissioner Duggan aeconded the motion.
Commissioner Duggan moved to
Council/Planning Commission
Commissioner Betlej seconde
AYES: 5
NAYS: 0
HEARING:
CAST NO. 94-35
SIGN ART -
s=Grr v�x=Arrc$
approve the October 24, 1 94 City
Workshop minutes.
d the motion.
Mr. Bob Sherlock, of Sign Art, was present to d'scuss a
request from Barbara Lee's Dental Office located at 7 0 South
Plaza Drive for a sign setback variance. �.
Chair Dwyer explained there are two small signs close to the
street curb within the right-of-way of South Plaza Dr�'ave. He
explained that the request is to replace those two small non-
conforming signs with a single aix foot by eight foot (6' x
8') monument sign. He stated that the sign is in co�pliance
with the size requirements of the zoning ordinan�e. He
explained that the location of the sign is the reasonlfor the
variance request.
Commissioner Tilsen stated he had visited the site and found
there is a sign on the building. Tilsen stated he fe�t there
is a proliferation of signs along South Plaza Dri e. He
explained there is a temporary "For Lease" sign on �he bank
property along with signs for Holly Homes, Bright St�rt and
Planning Commission
November 22, 1994
Page 2
the insurance company. He stated that the amount of signs on
this road looks clumsy.
Tilsen stated he would like to see this sign downsized and he
questioned the need for the sign to be lit. He stated he does
not want to see the sign lit all night.
Commissioner Duggan stated that setting the sign back ten feet
(10') makes sense to advertise the business. He stated that
he understanda why Ms. Lee would like a new sign since there
is a new dental office opened in the area. He stated he likes
the design of the sign and that he too does not want to see
the sign lit all night. He stated he is in favor of allowing
a business to be successful.
Commissioner Lorberbaum stated that she would like more
specific hours of illumination specified.
Commiasioner Betlej inquired about hardship. Mr. Sherlock
responded that Ms. Lee is trying to gain visibility for her
dental practice. He explained that first time clients have
had a hard time finding the office. He further stated that
Ms. Lee is trying to take advantage of the flow of traffic on
Dodd Road and that if the sign were setback thirty feet (30' ),
it would not be visible from Dodd Road. Betlej noted his
concern for the amount of signs on South Plaza Drive. He
further stated that some of the signs may not be in compliance
with the zoning ordinance. Public Works Director Danielson
responded that some of the signs have a variance and others
are existing, non-conforming signs.
Betlej noted his reluctance in approving this request due to
the amount of existing signs on the street. Planner Uban
pointed out that it is possible that the other businesses in
the area may see an up-to-date sign and decide to change their
signage. Betlej stated there is a tendency to want larger
signs to compete with all the others and that maybe such a
large sign is not necessary. Planner Uban stated that the
size of the sign requested is in compliance with the zoning
ordinance.
Commissioner Duggan stated that the placement of the sign is
appropriate because it keeps the gign forward of the existing
trees. Betlej stated that sign is nice looking and that he
would like to see the size reduced, if it encroaches on the
setback.
Mr. Sherlock stated that Ms. Lee would like to keep the
maximum size allowed for the sign. He stated that she is
making an investment in signage and that she would like it to
f
Planning Commissi<
November 22, 1994
Page 3
benefit her business. He stated that she wants
visibility. He explained that it will be an aluminL
and will be internally lit. He explained that the de
name and address will be lit and not the entire si
stated that this sign is not like the bank sign as it
more architecturally subdued. Chair Dwyer inquired
sign will be lit continuously. Mr. Sherlock explair.
the sign can be installed with a photo cell and that
can be used.
Chair Dwyer stated that the hardship is in saving t.
which serves the purpose of screening the parking lo
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this request.
Commissioner Duggan moved to close the public hearin
Commissioner Tilsen seconded the motion.
AYES: 5
NAYS: 0
:o gain
m sign,
ntist's
�n . He
will be
if the
ed that
a timer
trees
Commissioner Tilsen inquired if staff and/or Planner
researched the signs along South Plaza Drive for zoning
ordinance compliance. Planner Uban respond d no.
Administrative Assistant Batchelder stated that the bank has
received a variance and that Bright Start has a sign under
their conditional use permit.
In response to a question from Commissioner Duggan, Planner
Uban stated the proposed sign is large and that it could be
reduced in height. He suggested that the sign �may be
decreased in height to five feet (5' ). Mr. Sherlock responded
that that would not be a problem. �_
Commis�ioner Duggan moved to recommend that the City Council
grant a sign setback variance to allow the sign to be placed
within ten feet (10') of the right-of-way with the fo lowing
conditions:
1. That the illumination be turned off 1/2 hour afte
of the business.
2. That the sign be reduced in height to no more th
feet (5') with proportionate reduction in width
and one half or seven feet (6 1/2' or 7').
3. That a minimal level of illumination intensity �
4. That and redevelopment or intensification of the
the property will require all signage to mee
setbacks.
close
.n f ive
to six
"e used.
� use of
; t City
Planning
November
Page 4
5. That all existing signage be removed.
Commission
22, 1994
Mr. Sherlock stated that both sides of the sign will be lit.
Commissioner Friel arrived at 8:10 o'clock P.M.
Commissioner Tilsen requested that staff/planner research
signs along South Plaza Drive for variances and non-conforming
signs. He further inquired if additional language should be
added"to the sign ordinance regarding minimal illumination.
He further inquired if there is an appropriate level of
candlepower for signs within the B-1 zone. He suggested that
staff find examples of light intensity standards from other
cities. Chair Dwyer stated that this information could be
placed on a future Planning Commission agenda for discussion.
Chair Dwyer seconded the motion.
A7tLS : 5
NAYS: 0
ABSTAIN: 1, FRIEL
Commissioner Friel was not present for this discussion.
SLARING:
CASB NO. 94-36:
SAL�I�T -
SIIBDIVISION AND VARIANCL
Mr. Bob Salmen, owner of 1694 Dodd Road, Lot 2, Block 1, T and
J Addition, was present to discuss his request for splitting
his lot into two lots which would allow him to have a second
lot created so that he may build a home on that lot in
approximately five to ten years. Both his existing lot and
the proposed new lot do not front on a public street,.thus
requiring a variance.
Commissioner Tilsen inquired how many homes should be on a
driveway before it has to be a public street. He stated that
four homes on a driveway is a lot and he wondered when the
City should draw�a line. Chair Dwyer stated that the Mazarra
request included three homes on a private driveway. Tilsen
further stated that Mr. Salmen's request includes a steeper
and longer driveway. He further inquired if the lots to the
south request access too. Mr. Salmen responded that the
properties to the south have their own road. He further
stated that emergency vehicle turnaround will be on the
interior of the lot versus public turnaround. Chair Dwyer
stated that the recent Fairbairn approval was conditioned upon
a ten foot (10') easement for possible public road.
Planning Commissi�
November 22, 1994
Page 5
Mr. Salmen stated he would do the same.
Commissioner Duggan inquired if Mr. Salmen, as per
Uban's report, would allow an easement for both lots
preserve the potential right-of-way for future public
further stated �that the easement agreement will
clarify as to whether it gives the rights for Lot 2
crating a new entity for the easement. He further sta
the issue for snow removal needs to be clarified. He
stated the easement should also be changed to creat�
for public access and covering the rights of the newly
lot for access across the fifty foot (50') area. Mr
stated he would abide by the suggestions and clax
changes within the agreement.
Commissioner Duggan noted his concerns for the stee
the driveway grade and that four houses will be locatE
private driveway. He further inquired if a private
could accommodate traffic such as cars, garbage tri
snow plows. Public Works Director Danielson respondec
the private driveway accommodates an emergency vehic
as a fire truck, then it will accommodate other vehi
Commissioner Lorberbaum inquired if there will b
available for parking should there be a social functi
stated she does not want to �ee parking on Dodd Ro�
further inquired if the home would be placed in line�
existing homes. Mr. Salmen stated that the design
house on the submitted plans is not his design and
intends to place his new home in line with the existi�
setback. Lorberbaum further inquired about utility ea�
Mr. Salmen stated that the easements need to be cl<
Public Works Director Danielson stated that Mr. Salr
need to provide an easement for vehicle turnaroui
further stated that the property to the eaat is ownec
Boyle and that Mr. Boyle would also need to grant a i
(10') easement through his property.
In response to a queation from Commissioner Friel,
Works Director Danielson stated that Mr. Salmen's pro
zoned R-1. Commissioner Friel stated he sees no co�
reason to do anything at this time, and not until the
proposed. He further stated that the new lot will ]
enough to provide building aites for more than one ad�
home. He further noted his concerns fundamental
private streets and the long term problems that
municipal responsibilities.
Chair Dwyer opened the meeting to the public.
Planner
to help
ise. He
iave to
o split
ed that
further
rights
created
Salmen
Lfy the
ness of
i on one
.riveway
cks and
that if
e, such
1ea.
a space
�n . She
d. She
iith the
of the
that he
ig house
�ements.
.rif ied.
.en will
d. He
i. by NIr .
,en foot
Public
�erty is
ipelling
home is
�e large
Litional
Ly with
become
Planning Commission
November 22, 1994
Page 6
Ms. Kathleen Ridder, 1744 Dodd Road, stated she was not aware
that the land was zoned R-1. She further stated that this lot
could be divided into three lots at 15,000 square feet each
with public roads. She noted her concern should these
subdivisions keep occurring without some sort of masterplan.
She stated there will be a"hodge podge" developments if these
subdivisions keep occurring. Chair Dwyer stated that the City
had been discussing with residents of the Somerset/Superblock
area regarding their plans for development for quite some
time. Ms. Ridder stated that there could be three lots on
50, 000 square feet of land and that that is not good planning.
Ms. Ridder stated that each owner has the right to subdivide
but it needs to be in a coordinated fashion. She noted her
concerns for future developments. Mr. Salmen stated it is not
his intent to subdivide further. Commissioner Friel stated
the City has no authority to control private development but
that the City can set standards. He stated the City cannot
plan this area but only insist that it be developed within its
standards. Friel stated that private streets with easements
becomes a crossword puzzle for future problems with public
access and services. Ms. Ridder stated that a public street
would abut her property which would give her a whole new
configuration in developing her property.
In response to a question from Chair Dwyer, Ms. Ridder stated
that her driveway services four homes, with two owners, and
that she maintains the driveway. Chair Dwyer stated that he
disagrees with Commissioner Friel and that he does not have a
problem with private roads. He stated that the City should
review these cases as they come in. He stated that Mr.
Salmen's request seems to be legitimate and that tihe City can
deal with the grading issue. He stated the Planning
Commission should recommend that a variance be granted to the
public frontage. Ms. Ridder explained that ma.ny years.ago,
when she was a Planning Commissioner, insurance rates on
houses with private driveways was an issue and that is why she
has maintained the driveway as a private road. She stated it
is very expensive to maintain. She further stated that the
hill is a definite hazard.
Mr. Salmen stated he appreciates Ms. Ridders concerns and that
he is looking to minimize the development. He stated that Ms.
Ridder's concerns are self centered. Commissioner Tilsen
responded that Ms. Ridder's concerns are for the entire area
and that her points are not self centered. Mr. Salmen
inquired when the Gesell's built.
Planning Commissii
November 22, 1994
Page 7
Commissioner Tilsen stated there is a lot of area to w
along with future development of public roads. He sta
Mr. Salmen plans not to subdivide in the future. H�
that with his request to subdivide now, it puts the C
a position of not having a lot of choices should a r�
to be constructed. He stated that a future cul-de-sa
needed and that additional easements will be neceasa:
Salmen stated he does not see the need for a public s
it will intrude on all of the lots . He stated that th
of surrounding developments have set precedent
request. Commissioner Tilsen stated that the City l
consistent on requiring turnarounds and asphalt drive
subdivision requests with an extended private drivew�
Commissioner Friel stated that this request is not at
other requests. He stated the City does not know what
development will occur in five to ten years from n
stated that Mr. Salmen is asking the City to co
approving his subdivision request based on past pre�
He further stated the City should not commit to �
easements. He stated that the City may have to cond�
private access in the future at a cost to be borne
community taxpayers.
�rk with
,ed that
stated
ty into
ad need
may be
y. Mr.
reet as
nature
or his
as been
ays for
.11 1 ike
type of
�w. He
unit to
edents.
ranting
mn this
by the
Mr. Salmen inquired when the lots to the south were platted.
Ms. Ridder responded many years ago. She further sta�ed that
there are no plans to develop this land. Commissioner Duggan
stated that he would support Mr. Salmen's request if he were
planning to construct his home now instead of five to ten
years from now. He stated the Planning Commission has
reviewed several applications which have caused a constant
encroachment of the open space in the area. He st �ted the
Planning Commission has been put into the position of ineeting
existing needs of existing homeowners without hav'ng any
insight to future developments. Commissioner Friel pointed
out that the Harris property (Mazarra) was approved with a
private street with easements and was never developed.
Commissioner .Friel stated that the concern for
development is not the size of lots but whether there
public access available to future developments. He
that the City does not want to be stuck with private
with owners who will not deed over to the City. He
that condemnation procedures will need to take place
community's expense. He reiterated that the City is �
to project what will happen with future development
area. ,
future
will be
stated
streets
stated
at the
.ot able
in this
Planning Commigsion
November 22, 1994
Page 8
Chair Dwyer stated that the applicant has agreed to give some
easements. Mr. Salmen inquired if this private driveway is
being looked at as a public entrance for the Ridder property.
Commissioner Friel replied no, but they could divide the
existing lots to have access on the north. Mr. Salmen stated
that he has plans to do some plantings now and that he has
long term plans for his own property and that his plans should
not be held up because of future plans by other property
owners in the area.
A discussion ensued regarding easement dedication and Mr.
Fairbairn, new homeowner on Dodd Road, explained that his
recollection of City Council approval of his development was
an easement dedication for utilities. He noted his concern
for development that would be inconsistent with current
development. He further stated he hopes there will not be a
drainage problem and that wetlands does dominate the area.
Commissioner Lorberbaum noted her concern for additional
impervious surface in the area. Mr. Salmen stated he noted
his concerns regarding this issue when Mr. Fairbairn presented
his development for review.
Commissioner Duggan stated the Planning Commission should
table this request, since there seems to be no urgency, to
clarify easements, drainage, and new and replacement
plantings. He stated that the Planner raised several concerns
which the applicant should clarify.
Chair Dwyer pointed out that according to the December 7, 1993
City Council minutes regarding the Fairbairn case, the Council
insisted on an easement for street and that the Ma.yor was
asking for a sixty foot (60' ) right-of-way. Dwyer stated that
Mr. Salmen has presented a hardship in that he wants to
subdivide his property and he has no public access.
Commissioner Tilsen stated that if the City right-of-way, then
an easement a turnaround is needed as the lots go two or three
lots deep.
In response to a question from Chair Dwyer, Mr. Salmen stated
time is a problem and that he believes his request is a fair
one. He further stated he does not want to be put out as the
City's guinea pig.
In response to a question from Ms. Ridder, staff confirmed
that a part of the superblock area is R-1. Ms. Ridder stated
that a public road in this location would give her more
development options.
Planning Commissi�
November 22, 1994
Page 9
Commissioner Duggan moved to table the subdivis'on and
variance request until January 24, 1995 to allow Mr. Salmen,
time to clarify issues raised by the Planning Commiss'on. He
further stated that the Planning Commission is not against Mr.
Salmen's request. I
Commissioner Lorberbaum seconded the motion.
Commissioner Tilsen offered a friendly amendment direc�ting the
Fire Chief and Police Chief to review Mr. Salmen's�request
regarding safe emergency vehicle access.
AYSS: 5
NAYS: 1, D�YhR
Chair Dwyer opposed continuing the public hear
January.
HEARING:
CASS NO. 94-37:
�FsRTHAIIS}3R -
CIIP FOR LAND RECL�TION
Mr. Art Werthauser, owner of 1020 Sibley Memorial HigY
present to discuss his request for a Conditional Us
for Land Reclamation which would allow him
approximately 1,200 cubic yards for his new home.
Chair Dwyer stated that upon receiving a u�
recommendation for denial of his CAO wall setback �
from the Planning Commission, Mr. Werthauser �withc
request and did not attend the November 1 City
meeting. Dwyer explained that the Moores and Hills �
the November 1 City Council meeting and requested 1
City Council withdraw Mr. Werthauser's building permit
consideration of his Conditional Use Permit fc
Reclamation request. Because Mr. Werthauser was not
at the November 1 meeting, the City Council cond
special meeting on November 7. Dwyer explained that
special meeting, Council considered input from the ]
Werthauser, the public and the City Attorney, and then
action to withdraw Mr. Werthauser's building permit.
Chair Dwyer further explained that Mr. Werthauser's ne:
located to the west of his site, have made the City �
a long atanding groundwater problem with their hom
stated the neighbors are concerned that the We:
development will make their problems worse. Dwyer sta
with the Conditional Use Permit process, the.City
authority to grant a Conditional Use Permit and
conditions to the approval.
until
aay, was
: Permit
.o fill
rew his
Council
.ttended
hat the
pending
r . Land
present
xcted a
at the
[oore's,
took no
y ��...,,� � ,
�vare of
s. He
thauser
ed that
ias the
attach
Planning Commission
November 22, 1994
Page 10
Chair Dwyer stated that Public Works Director Danielson has
suggested four possible conditions to the Conditional Use
Permit.
Chair Dwyer inquired if Mr. Werthauser would install gutters
and that the downspouts for the gutters be directed away from
the Moores to the greatest posaible extent. Mr. Werthauser
responded yes. Chair Dwyer stated that the survey concludes
that Mr. Werthauser's surface water drainage, if properly
handled, will cause no increased water problems for the Moores
or the Hills. Public Works Director Danielson stated that if
there is a problem created by Mr. Werthauser's development,
the Moore's would have to grant Mr. Werthauser access onto
their property to correct the problem. Danielson stated that
Mr. Werthauser has indicated that he would correct any water
problem on the Moore's property should his development be the
direct cause of the problem.
In response to a question from Commissioner Tilsen regarding
drainage, Mr. Werthauser explained there is a minor ditch on
the east side of the driveway and that the driveway drains
northeast away from the Moore's property. Mr. Werthauser
described how the house has been lowered since the retaining
wall was denied. He explained that there has been 1,600 yards
of fill brought onto the site (1,200 yards compacted) . He
explained that there have been 190 trucks bringing in fill
with approximately 7 yards of dirt per truck. He further
submitted weight calculation tickets to the Commission.
Mr. Werthauser explained that they ran into poor soil
conditions (peat) on the property and therefore another 200
yards of fill needed to be brought in. He explained that the
peat will be spread during the final grading process.
Mr. Werthauser explained that he has lowered the grade.from
east to west and that he has designed this plan to the best of
his ability.
Commissioner Duggan stated that Mr. Werthauser has done a lot
to readdress and fix all of the concerns raised.
Commissioner Lorberbaum stated that Mr. Werthauser has
proposed a reasonable solution to address the problems and
that had Mr. Werthauser applied originally for a Land
Reclamation Permit she would have been against the request.
Commissioner Friel questioned Mr. Werthauser's calculations
and stated that 1,530 yards of fill had been brought to the
site. Mr. Werthauser stated that 1,150 yards of compacted
fill had been delivered.
Planning Commissii
November 22, 1994
Page 11
Chair Dwyer opened the meeting to the public.
Mr. Hill, neighbor to the '�west, stated this a
originally a watershed area. He stated he has been a
for forty years�. He stated he does not feel t
Werthauser should have to fill the lot just because
to build his house at a higher elevation. He stated
Werthauser is closing off the watershed area by cons
his home. He further submitted pictures to the Com
He further stated that he would be better off discus
drainage problem after spring rains have occurred.
Mr. Moore, neighbor to the west, argued about the a�
fill actually brought onto the site. He further sta
he will not give Mr. Werthauser permission to er
property to correct any water problems. Commissione
inquired if Mr. Moore's insistence on not cooperating
Werthauser is based upon his attorney's advise or ]
Mr. Moore responded that if Mr. Werthauser thinks
corrected the problem he will walk away and then a
could still exist. He further stated that Mr. Wertha
correct the problem on his own property.
•ea was
esident
iat Mr .
e wants
hat Mr.
ructing
ission.
ing the
�ount of
.ed that
�er his
� Betlej
�ith Mr.
is own.
he has
problem
�ser can
Commissioner Friel inquired if the appropriate grad�ng plan
has been submitted as per Section 4.12 of the' Zoning
Ordinance. Public Works Director Danielson stat d that
grading along the west of the property line could be ut down
to provide positive drainage.
Commissioner Duggan moved to close the public
Commissioner Friel seconded the motion.
AYES: 6
NAYS: 0
Commissioner Friel moved to recommend that the City
grant the requested Conditional Use Permit fc
Reclamation subject to the following conditions:
Council
�r Land
1. The home have gutters and that the downspoutslfor the
gutters be directed away from the neighboring �iouse on
the west to the greatest possible extent. �
2.
That all site drainage be directed away from
to the greatest extent possible.
Moores
3. That a catchbasin be installed in the rear yard to
capture drainage coming from the east and dire�ting it
down the east side of the driveway.
Planning Commission
November 22, 1994
Page 12
4. That the grade along the west property line be
constructed so as to create positive drainage from south
to north.
Commissioner Duggan seconded the motion.
Commiasioner Duggan inquired if the Planning Commission should
place a condition that Mr. Werthauser is to work with the
Moores in correcting the water problem. Mrs. Moore stated
that they had water problems during the spring of the year but
since 1985, when the drain tile was installed, they have not
had a problem. Chair Dwyer responded that the Planning
Commission should not endorse expectations that Mr. Werthauser
will fix any type of pre-existing water problems.
VOTE ON MOTION
AYES: 6
NAYS: 0
Chair Dwyer called a recess at 10:10 o'clock P.M.
Chair Dwyer reconvened the meeting at 10:20 o'clock P.M.
DISCIISS ORDINANCL REVISIONS
Chair Dwyer explained the City Council has directed staff and
the Planning Commission to consider recommendations for
Ordinance changes as a result of several recent land use
issues. He stated that the Council has specifically asked for
recommendations on Ordinances regarding Detached Garages in
the R-1 District, Athletic Stadiums in the R-1 Zone, and the
Critical Area Ordinance.
Commissioner Friel suggested that language be added to Section
7.2(10) to read Detached private garages. He stated that
staff's suggestion for 7.3(1) is fine and that Section 4.5(3)
should read "In all "R" Districts no accessory building shall
exceed one thousand (1,000) square feet. However. a detached
accessory structure which is a private garage shall be subj ect
to the size and permit requirements described in Section
7.2 (10) .
Commissioner Friel moved to recommend that these changes be
adopted as amendments to the Zoning Ordinance.
Commissioner Duggan seconded the motion.
Planning Commissi
November 22, 1994
Page 13
AYSS: 6
NAYS: 0
Chair Dwyer stated that at the October 24, 1994, Jc
Council/Planning Commission Workshop, stadiums in
District were discussed. He explained the items t
discussed were licensure for use of field lights an
address systems in order to control their use. He
stated that other standards to be discussed are:
1. Distance and location
2. Lights
3. Parking,
4. Traffic
5. Public address systems.
Chair Dwyer stated there is
that now the City needs
facilities in the City with
already one stadium
to consider other
nt City
the R-1
at were
. public
further
in place and
educational
potential stadium uses.
Commissioner Tilsen stated the Commission should Idiscuss
including restrictions on hours of use, number of games played
per week and year within the amendment. �
Commissioner Friel stated the City should be concerned about
the number of times the facility is used with light'ng. He
stated that the schools should note up front what type of uses
the facility will be used for and that it be restr'cted to
those uses under the Conditional Use Permit limitations.
Commissioner Friel stated that the kind of uses and traffic
concerns should be added to the above list of �roposed
standards. He further stated that the Ordinance s ould be
more restrictive in residential areas than the co�nercial
district. I
Commissioner Duggan stated the City needs to be ca;
limiting the specific uses of any stadium. He stated
should consider inviting the schools to discus
intentions for the types of uses for the
Commissioner Friel inquired if there are ordinances a
from other Cities. Chair Dwyer stated another concex
during the summer months when there ma.y be an incen
the school to use the stadium for profit. Commissione
stated that it is not St. Thomas Academy's intentio:
the stadium for non-school uses. He stated that it
that Mendota Heights Athletic Association uses St
fields for their youth activities.
eful in
.he City
their
tadium.
i may be
ive for
•Duggan
to use
s known
Thomas
Planning Commission
November 22, 1994
Page 14
Commissioner Lorberbaum stated that specific standards
regarding the type of exterior materials, bleachers, capacity
seating and ADA requirements should be addressed within the
ordinance.
Chair Dwyer explained that also during the workshop, the
Critical Area Ordinance and Modified Site Plan procedures were
discussed. He stated the Council and Commission discussed
revising the procedures of Modified Site Plan reviews and
which factors ahould trigger Planning Commission involvement
in a Modified Site Plan review.
Chair Dwyer explained that Councilmember Krebsbach would like
the Planning Commission to review all applications related to
the Critical Area.
Chair Dwyer explained that staff has auggested that Modified
Site Plan could be allowed to proceed to City Council when the
site plan conforms to the standards of the CAO Ordinance, as
in the past, with some exceptions,:
1. Movement of earth, by grading, which results in a cut or
fill in excess of five (5) feet at any point on the
subject property.
2. When development of the property will result in the
substantial alteration or removal of natural vegetation,
trees, shrubs, rock outcroppings, water course, or scenic
amenities.
Commissioner Friel inquired how the Ordinance could
specifically regulate building below the bluff line.
Administrative Assistant Batchelder stated the Ordinance is
presently unclear. Commissioner Friel stated the City should
focus on reviewing applications proposing construction below
the bluffline. He stated the City is vitally concerned about
the sight lines. He stated the City should be defining
distances above or below the sight lines.
In response to a question from Commissioner Lorberbaum,
Planner Uban stated the staff could review other Cities (i.e.
Burnsville and Eagan) regarding their Critical Area
restrictions.
Commissioner Duggan stated the Critical Area Ordinance should
reflect concern on impact of neighbors, drainage and
vegetation.
2
�
➢
Planning Commissi�
November 22, 1994
Page 15
Commissioner Friel submitted a proposed revisions of Sections
3.2(81) and 4.12 regarding mining and land reclamat�.on. He
presented the revisions which would be intended to pe�mit the
following without a conditional use permit: �
A. Permit excavation for all
grade without any limit
removed, provided that a
development or structure
such excavation and a
adversely affect surroun
the site.
structures which exte�nd below
on the cubic yards that ma.y be
permit has been issued for the
by the City and provi�ed that
ny related grading will not
ding property or development of
B. Permit the deposit of material which is excav
permitted structures which extend below the surf�
structures for which the City has issued a per
long as the deposit of such materials does not
the grade, and if it does elevate the grade t
more than 400 cubic yards may be deposited to ele
grade and then only so long as such deposition
adversely affect surrounding property or develo
the particular site.
ted for
:e (i.e.
.it) , so
elevate
en, not
►ate the
.oes not
ment of
Commissioner Friel further presented revisions to Section 22
Planned Unit Development - please see attached. The revisions
are regarding impervious surface on parcels being �ised for
residential and commercial development and to prohlbit the
allowance of variances from the Planned Unit Dev�lopment
provisions.
Administrative Assistant Batchelder explained that st�.ff will
inform the City Council of the suggested revisions and that a
hearing will be conducted at the Planning Commissior� level.
He further stated that Council has asked the Commi�sion to
review tree preservation ordinances. .
MISCELLANrsOIIS
Chair Dwyer briefly discussed Independent School
197's proposed Bond referendum in 1995 which could
funds to construct two middle schools - one site in E
the other in Mendota Heights (corner of Mendota Heig
and Huber Drive). Dwyer suggested that a representat
the City attend the School Board meeting to discuss
Heights concerns, especially related to traffic.
Commissioner Tilsen asked that staff review ordi
regarding minimal lighting for signage.
istrict
release
.gan and
ts Road
ve f rom
Mendota
�
Planning Commission
November 22, 1994
Page 16
DEC�i3R b�ETING
Due to the holiday season, the Planning Commission moved to
change its December 27, 1994 meeting date to December 29,
1994. It was noted that if there are no pending applications,
the Commission would be contacted about canceling the meeting.
There being no further business, the Planning Commission moved
to adjourn its meeting at 11:10 o'clock P.M.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
4.5(3)
In all "R" Districts no, accessory building shall
exceed one thousand (1,000) square feet.
However, a detached accessory structure whicl
a private garage shall be subject to the size an
permit requirements described in Section 7.2(:
is
�0).
The proposed revision of Sections 3.2(81);�4.12 when read
together with 4.13 and 4.14 attached are intended to permit the
following without a conditional use permit:
A. Permit excavation for all structures which extend below
grade without any limit on the cubic yards that may be
removed, provided that a permit has been issued for the
development or structure by the City and provided that
such excavation and any related grading will not
adversely affect surrounding property or development of
the site.
B. Permit the deposit of material which is excavated for
permitted structures which extend below the surface
(i.e. structures for which the City has issued a
permit), so long as the deposit of such materials does
not elevate the grade, and if it does elevate the grade
then, not more that 400 cubic yards may be deposited
to elevate the grade and then only so long as such
deposition does not adversely affect surrounding
property or development of the particular site.
3.2 (81)
4.12
276838.red
V2 to V1 11/4/94
Mininq: The extraction of sand, gravel, rock,
other material from the land �—�ne���-�e�
�a�:� graaing ana�or excavazion in conne
proved development or building plan for
ts have been issued by the Citv Council:
::••M!:AICiM.M! •
LAND RECLAMATION
Under this Ordinance land reclamation is the
of land by depositing of material so as to e
.. .
by� a�'�corid�itional"'�use permit in all districts.
or parcel upon which
�a�= fill is to be deposited shall be land
reclamation. The permit shall include as a cor
thereof a finished grade plan which will not ac
affect the adjacent land, and as a condition tY
shall regulate the type of fill permitted, proc
rodent control, plan for fire control and genez
maintenance of the site, controls of vehicular
and egress, and for control of material disper:
wind or hauling of material to:��;;:;�,�i��t�;;:{ or from t
or
with
laiming
te the
ny lot
'"�_
ition
ersely
reof
am for
1
ngress
d from
e site.
SECTION 22. PLANNED IINIT DEVELOPMENT
22.1 PIIRPOSE AND DEFINITION
This Section establishes provisions for the granting of
a conditional use permit to provide for a Planned Unit
Development project. The purpose of the Planned Unit
Development is to encourage a flexibility in the design
and development of land; and in connection therewith, and
by way of illustration and not limitation, to preserve
the natural and scenic quality of open areas, to
encourage a diversity of housing types within a given
development, to permit a mixture of several zoning
district uses within a development �ro� ect, ._ and to permit
modification and variance of ���:��:�;:����.���;;�c� zoning
district requirements, but nevertfiel�ess��'and""at�"the same
time limiting development to a scale appropriate to the
existing terrain and surrounding land uses. Except as
otherwise provided for by Section 13 of this Ordinance
• �...., -. �-.... L.. �� >< ...:::.:::...::�,:::..?::.;:::.;:�.:�:::::::::��.._;::..y;:��:.;;::, ...�}.;:::::.::;`.`:::� �"�.:�:;: �;;�:'.;:,....:.�.:::.;.:..;.:;.;:.::::.::::��>2:..:::::: -�::::r::
which �.���i�� �x�Z�r �t� �:�nt� wh3c� a� zc�n�t�:::. a��
>;... . . :. . .
. .. . .. . . ... ;�. ...:::.... . .;:
�. Planned Unit DeveYopmeiit —B�st�-r��s, D�:.�.��`�:;�:�_#: � a
�lanned Unit Development is hereby def ined� ��� as�`� � any
development project which proposes to utilize ten (l0) or
more contiguous acres of land (the "Project Area") and
where:
(A) The proposed uses in the Project Area consist of
some use or uses which would not otherwise be
"Permitted Uses" in the Zoning District which
comprises the Project Area; or if the Project Area
includes two or more Zoning Districts, then the
Planned Unit Development may be permitted only if a
proposed use or uses in each of the Zoning
Districts would not otherwise be a"Permitted Use"
therein, or
(B) The Project Area consists .of property located in
one or more "R" Zoned Districts, the proposed
Planned Unit Development consists entirely of
residential housing and it is proposed that such
housing be clustered.
- - - - - - -
-- - - - -- - - - � - --
-•• -- -
-- - -- - - - -- - . ...
-- - -- - � - -- -
- - -- - - - � - -- -
- -- - - � -
276748.RED
V2 to V1; 11/3/94
.1�
(C) Project Area consists of property located it� one or
more "B" zoned districts or one or more "I" zoned
districts. The proposed Planned Unit Devg�lopment
shall consist entirely of facilities and uses that
are either permitted or permitted th ough a
conditional use permit in the underlyin zoning
district. Zero lot lines, shared �arking,
pedestrian connections between structures, common
building materials and treatments, signa e, and
architectural styles, as well as extensive
landscaping shall be encouraged in the Plan�ed Unit
Development in order to create a "campus
atmosphere" development.
..... .... : . ..: .: .. ...
....., .. ....:...........�-�-- � -- ... . ..:,..:
. . .
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:���: . 1�o�.w���:��t�iri:c�;;:�. �:::::;:�.:Y:::«:> �-::::;..:.....:.. :�.:.:;..:::...::::::::�:.:...:;: � : <::;>:::.;..;.:
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. :-... .:.� :.:......:..:.....::: .:.:::: :::...... ::;. .:.. :�:; :.. ::.
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... r���>��ipi���:�:.>::'>��� :>:�:a:�::�::;;:' �:�i��=::::� ,:::::�a�i��a:�: ��� ..:: ::��.e.�::�:::; �:::::�. ; .> ���
:::.::.:::.::.::::.:::.:..:::..::. .: :. .:::: ::..:: ... ....:..:::.::::.. .�:.. .....: ..:... ....:.:.� ..:... .-:...:::...:: ..::: .:..::.:.��...::..:.:.::
�
, � ....:: n:.:.: • ::..: :..::: :..: :..: : •.:�. . : •..: . .: •. .. ...:
t:;.`:�::�'::��::.f:'�F:>:;..i;.'�.*..��,..�'a.'�. :�.�>�>. `i�;��:�.,{�..y.'.�:�'.
:�:.:;:::.� .: �•.:::.i�: :•:::::.>.....:.: .:.•....::.:..;..:.::: • .:.:.::.. : ....
re o� imnervious surface
�e �t��'��:�°i�:`;_=�t��l Proj ect Area shal l not be
276748.RED
V2 to V1; 11/3/94
2
:�.� R. .
��:@��::. ��SYl�
�
_.. . . .. .
�irav:�:: :e.:.''��;:.::�s��' ':.:�:.;:�: �:'...��:iet�:
la�a�ed° :�:�::>.;,�I�a�;�. `p.ar;t; :a�
p�ov.a:i�et�::::�:ci?�: :>�e�:a:c�en�:�� �
�
k��us �.ng ..
.... ::. :. .:::..:..: ... ..:. ..... .. : . ....................
.... . . . , .
..::
... ...
,:........ ..fE::. . :.. . .
� .:�v�d; �����,u.s:�e�i�;:.:�' �ciz"� c�:us�ez�izig" 8ha:1::�:.: ` .:�o� �` �:,��"';as��:� �v:�
: .... .. . .... ... :... . . :� ,.., ,.� .::::.: �.. : �
�;: - .. , . .. . . : : . :.
�e���.�an.. �2:::��..(.B)� ::a�i:ciue�:�::i�ea�:::�Y.i� placeinent o'�: :t�rt�::;�r°�;i�or�:�`;�ous.iri.
, ..... ..... . . . �
. . .:. . .:..:..::.:.: ...:
�, wheth�r s�ng�.�: ::�ama.��,. :Qr inizltz ;:fami:ly,. �.�a���:.z�.�:x�d� . �.�x. �.��se�
.:,......,�. : . ... . . . . .
��:�u�� "� :t2�ari �� ; :�im��t��i.. �ind�r: `�.h�::re ulatiori�:;.:a.,::. `2:����>>;ei:. ��� ��e
:.: . . .. J.. . . .
. _, ... . ::Y : . � :.�?::;.;.:;:::.:;::, ....::::..:.::. .:..:..:...::...:.. .... ... .. :... g ::::......�..,:. ....�??�?.:...:.....;,.:.:1...::. .,,..::.......... .::
.. . .. ::. :.: .. :. ..:...: :.::.. : ..::.. :�::.:� :....::.:::. ....:..:�
�:t:i: ': �i��:s���:�c� �a�� :d:�:�:'��:�':�:�a�� ::3z�,��:�r�i�:ek� the- P�a ::::ec�.::�:x�a;: :.�:s: �: �-v - p�:ed
� .. . . .<.: �:.:::. �� .:� ::: � ::. .. ..: .: ..:: ... ..... . . . . . . �. ... .:. ...,. .: .::.:. �: .:.. .::: ..: ..P.:.. ..�......: .. ....
�e�; .:3.t�ea�ed.; :a� � . . . .. ... . .
The Council may reduce the ten (10) acre requirement for a Planned
Unit Development, but to no less than five (5) acres, and only if
it finds that the Planned Unit Development, in addition to meeting
all of the standards and objectives of Section 22.3 also:
(1) is determined by the Council to be "infill type
development" that would be difficult to develop under the
Zoning District or Districts comprising the Project Area;
(2) will not require any wetlands permit;
(3) will not require any critical area variance;
(4) will not increase traffic or parking estimates for the
Project Area above the level reasonably estimated for a
permitted use for the Project Area's size in the Zoning
District in which it is situated;
276748.RED
V2 to V1; 11/3/94 3
(5) provides�a landscaped buffer around the perimet
entire Project Area unless expressly waived by
of the
uncil.
The Council shall be conservative in exercising its discretion to
permit a Planned Unit Development of less than ten (10) a�res.
22.3(6) Objectives of a Planned IInit Development
It is the purpose of this Section 22 to provide a means
to allow substantial variances from �e ��t;�s� .�r � visions
«:: �:::;� -.:::: . ::.;:r: ::<;;:::<;: ,,;;:;.::,...:.;;:: �:<:<::::::-.;. .:
of this ordinance �k���::��;�:;::::��.:: : �� ��:�;:��e�: .��� �';��''�::����� :: ��'�����i�:ri:.�;:,
..... ....... ..... ...,..:.:.: .::<.:�.,:::.::..:::::�:._::: :.:::.,.... .;.:.�.,:. .:...-:.�:.:.:�::::.::�:. . ..:'�
.. : . .. �:::::::..:: .:.::::.::...:.;::..:.. .:.:. . .. : :...:...: :.. ....: .:. :.�,. .. .. , , .:..:...:. . .�:,>::>� �:;;::<;:. ...
:. .
d;::;�::����� including uses, se��iacks;��� heig�h�t�;"`��anci� "simiTar
regii�.ations not including off-street loading, necessary
landscaping, and the like, and such variances� may•be
granted for Planned Unit Developments, provided
22.3(6)a Certain regulations contained in this ordinanc' do not
realistically apply to the proposed developmen due to
the unique nature of the proposed development.
22.3(6)b The variances, if granted, would be fully consist�nt with
the general intent and purpose of this Ordinance.
22.3(6)c The Planned Unit Development would produce urban develop-
ment and urban environment of equal or superiorlquality
to that which would result from strict adherenc� to the
provisions of this ordinance.
22.3(6)d The variances will not constitute a threat to the safety,
health, and general welfare of the owners or occu�ants of
adjacent or nearby land,��including property val es, nor
• be detrimental to the health, safety, morals, and general
welfare of the people of the community.
22.3 (6) e The proposed development is of such a unique nature as to
require consideration under conditions of the IPlanned
Unit Development and meets the threshold co ditions
specified in Section 22.1.
22.3(6)f It shall be determined that the variances are app opriate
for the reasonable and practical physical develo�ment of
the property constituting the Planned Unit Deve opment
and are not required solely on the basis of fi ancial
advantage to the applicant.
276748.RE0
V2 to V1; 11/3/94
::;�:<>:.:,.:..:.::::::�:�:;:;:<>.::.;.;;;:::,:..:;:�::::..::�:,.::<,.;::;:,.::;:.:.:::.,.;:.,..::.,;�;:.;:�.... �::::.:::.:::�;:..::;:-.;::�:::.;.;..::,::.:;��-:;�;:::::;
.:...>s�a�: � r��� �t����x�� b�: .;:�r:�:����d � � ::
::.. . .. .:... .
:::.:::.::.;:.:::.:.;�.. ..�:..::...:..... :.:_:,:.:. . ..::: :; :..:.:::. . . ... .:.
4
�`:�::��
CITY OF 1VI�NDOTA HEIGHTS
�� �
November 29,
TO: Mayor, City Council, and City Admuus o
FROM: James E. Danielson, Public Works D'
SUBrTECT: Extension of Mn/DOT Temporary Easement
DISCUSSION:
As part of the ongoing Mendota Interchange project, Mn/DOT had acquire�
temporary slope easement from the City. That easement is a long narnow piece of
near Acacia Cemetery (see the green colored area on the attached map). The time
the original easement has now lapsed and Mn/DOT needs to establish a new expira
with the City. Mn/DOT proposes that the new expiration date be October 31, 199
$1,300 would be appropriate monetary compensation for this new time limit.
ame for
on date
aad that
The purpose of the easement is to allow Mn/DOT to construct a small berm �long their
right-of-way line directing surface water south away from their lughway to a storm ater inlet.
RECONIlV�NDATION:
I recommend that the City accept Mn/DOT's offer of $1,300 to extend the
date of temporary easement Parcel No. 371A to October 31, 1994.
ACTION REQUIRED:
If Couacil desires to implement the recommendation they should pass a
authorizing the Mayor and Clerk to execute the attached temporary easement d
Parcel No. 371A.
for
� �ANNESOT9
�o �
��roF �
Minnesota Department of Transportation
Transportation Building
395 John Ireland Boulevard
Saint Paul, Minnesota 55155-1899
Date: �ov•29,� 199y
City of Mendota Heights
Office of the Mayor
Mendota Heights City Hall
750 So. Plaza Drive
Mendota Heights, MN 55120
In reply refer to: 7300
S.P. 1909 �55-116•23) *97-290
County Dakota
Parcel 371 A- City of Mendota Heights
Property Address:
612-296-3241
The State of Minnesota through the Department of Transportation is acquiring a temporary easement on part of
your property for the construction of Trunk Highway No. 55. The individual delivering this letter is a Real Estate
Specialist representing the Minnesota Department of Transportation. This individual will explain the procedures
involved in the acquisition process.
Tha monetary damage to your property due to this temporary easement is S 1,300.00, this 6eing the State's
certified offer. The monetary damage to your property has been determined by a person knowledgeable in the
valuation of real estate. A complete appraisal has not been made on this parcel as the size and effect of the
acquisition is relatively minor. The monetary damage to your property is considered to be a loss in value to your
property.
Please be advised that lawful owners andlor occupants of the .property an the date of this offer may be entitled to
relocation assistance and payments in accordance with Fedaral and State laws.
It is important you read the information provided in the purchase packet. It will help you to understand your rights
during the acquisition process and assist you in making sound decisions.
An equal opportunity employer
Page 2
As the acquisition of your property proceeds, you will undoubtedly have additional questions.
the MnIDOT representative who submitted this offer.
Sincerely,
��,�.� �,���xs&�.,.
K. F. Rasmussen, Director
Office of Right of Way and Surveys
Package Contents:
"Guide for Property Owners" Booklet
Legal Description describing acquisition
Conveyance Instrument (reference copy if applicable)
Appraisal Reimbursement Claim Form -
R22455G.R1
direct them to
Mn/DOT �5189 (1-77)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
� . u •: ':: : u: : u ►1
Name �ity of Mendota Heights
S. P. 1�,�(55 =116-23) *97-290�
Fed No. State Funds CouMy pakota
Par. No. 371A • Owner� of Mendota Heights
Address
City
Type of Acquisftion
DESCRIPTION OF PROPERTY
Residential �
Commercial �
Farm �
Vacant Land �
IMPORTANT: SUBMIT WITHIN
90 DAYS OF ACGIUISITION
Approved
Acq. Engr. of R/W
APProved
Relo. Mgr.
Date Applicatian Approved
Map Check To:
•� • �'• '• " �
• � � � �•' • �^� .7 ��" �� •^ • �:7' •���� • • • � • ' '
.�� ,. . � .� .,
- • � • •, . . . � . . . - . • � � �.�
•• �� -� w� •�� ��ti �� r� �R.
o � � ae l� � i y i �e � �T�`� . �� ' T: ' �l �� � o = � � � i � � F "
�o �oN o� • :� • •:
�: • a• � r� �, r- .�- • �
� •�:. � � • i � � � •. , a,�
:� . ._. -
-�.� . � . � . . � . - � � � - �►• � -
Address City
NOTE: Receipt fram above-named appraiser must accampany this form.
I, the undersigned, do hereby certify that the above ir�fomiation is true and correct, and that the appraiser's �eceipts attached
hereto accurately represent the costs incuRed. I further certify that I have not submitted any other daim for reimlwrsement �
or received campensation far� any expense in connect(an with this daim. I understand that falsification of any portian of this
daim wlll result in its denial.
DEPARTP,AfN7' of TRANSPORTATION
Mail Ciaim To: 1�1ETR0 AREA RELOCATION OFFtCE Dated Day ot 19
15QQ W COUNY ROAD 62
f:OSFVILLE MN 55113-3105 Signature
PHON�: ( 612 ) 582 -�262
!
�
/
October 4, 1994
1909371A.623
Parcel 371A S.P. 1909 (55=116-23)
All of the following:
Parcel 371A being a temporary easement for high
purposes in that part of Lot 7, Block 2, Perron
shown as the temporary easement on Parcel 271A
Minnesota Department of Transportation Right of
Plat Nwanbered 19-98 as the same is on file and
record in the office of the County Recorder in
Dakota County, Minnesota, by the temporary ease
symbol, said easement shall cease on October 31
or on such earlier date�upon which the Commissi
Transportation determines by formal order that
longer needed for highway purposes.
r
Place,
Way
f
nd f or
, 1995,
�ner of
it is no
�
s.p. i�a� tss=�i�—zs)
Parcel 371A
Caunty of Dakota
+�4i" f + 4 � �M��\�
Date: , 19
For and in consideration of the sum of O ri� �Ot.l S0.Y1 �.� 'H1Y�� ,
�U.Y'\C��(° � �S —��n'"�',� Dollars ( $ l 3 (30 • O Q ) ,
�ty of Mendota Heights, a munic�l corporatio�► �der the laws of
the State of Minnesota, Grantor, hereby grants to the State of
M3nnesata, Grantee, a temporary easement to be used for highway
purposes an a11 that part of the fallowing described property in
Dakota County, Minnesota:
All of the fol.lowing:
Parcel 371A being a temporary easement for highway purposes
in that part of Lot 7, S�ock 2, Perron Place, shown as the
temparary easement on Parcel 2'71A on Ma.nnesota Department
of Transportation Right of Way Plat Numbered 19-98 as the
same is on file and of record in fihe offiae af the County
Recorder in and for Dakota County, Minnesota, by the
temporary easement symbol, said easement shall cease on
October 31, 1995, ar on such earlier date upon which the
Commissioner of Transportation determines by formal order
that it is na langer needed for highway purposes.
Grantor is the owner of the abave described premises and has the
lawful right and authority to convey and grant the temporary easement
herein granted.
The said Grantor, does hereby re3ease the State of Minnesota from any
claims for damages to the fair market value af the above-described
area covered by this temporary easement and for its use, or any
claims for damages to the fair market value af the remaining property
of Grantor caused by the use of the �emporary easement, including
grading and removal of materials from said easement area for highway
purposes. Notwithstanding the foregoing, Grantor does not rel�ase
any claims it may have as a result af the negligenee af the Grantee,
its agents or contrac�tors, in conducting any of the above activities.
CITY OF MENDOTA HEIGFTTS
By
Its Mayar
And
Its Clerk
�
CITY OF MENDOTA HEIGHTS
1VIII��O
November 25,
TO: Mayor, City Council, and City A
FROM� 7ames B. Danielson, Public RTorks D'
SUBJECT: Lilywood Watermain Service
DISCUSSION•
The City of Lilydale recently approved a 12 unit townhome development ad
the Riverain Apartments called Lilywood (see attached map). Mendota. Heights hac
granted approval to Riverain to connect to our watermain which nms along the sou�
Trunk Highway 13. Riverain constructed this watermain connection of such a size
developments could also connect to it. Their objective was to charge future connec
attempt to recover some of the very expensive jacking costs incurred for crossing u:
Highway 13. In Mendota Heights' agreement with Riverain neither party could prc
allow any further use of this water line without approval of the other.
Mendota. Homes, developer of Lilywood, upon receiving approval for their
development fmm Lilydale was made aware of Riverain's watermain and worked c
agreement to conne�t to their line. They then proceeded with their deveTopment w
Mendota Heights' approval. When I was in the area and noticed the project, I con
John Mathern, the Developer, and informed him that he would need Mendota Heig
permission and needed to pay a connection eharge in order to use the watermain (h
to pay Mendota Heights a connection charge even though he extended off the Rive�
system). I calculated his connection charge according to the City's "out of City" u
connection policy (see attached letter). He was then required to pay the fee befor�
allowed to hook up.
St. Paul Water Utility also requires that Mr. Mathem execute a private
agreement for the development (copy attached). This agreement needs to be si
parties involved, both Cities, both Developments, and St. Paul Water Utility.
RECOMM�NDATION•
I recommend that Mendota Heights agree to allow a private watermain be
for the Lilywood Development.
ACTION REOUIRED:
�cent to
previously
i side of
hat other
�rs in aa
der Trunk
:eed to
�t aa
hout
�cted Mr.
�ts'
still needs
�in
li�
he was
:main
by all
If Council desires to implement the recommenda�ion, they should pass a mo 'on
authorizing the Mayor and Clerk to execute the attached Addendum to Agreement hich is an
addendum to Mendota Heights' expired agreement with St. Paul Water Utility.
August 18, 1994
Mr. 7ohn Mathern
Mendota Homes, Inc.
P.O. Box 416
Forest Lake, MN 55025
City o�
1Viendota Heights
Subject: Lilywood Watermain� Connection Charge
Dear Mr. Mathern:
The City of Mendota Heights requires a connection charge for all out-of-city utility
connections (see Mendota Heights Resolution No. 96-43 attached). The following calculations
have been made establishing the amount of hookup chazge required for your Lilywood
development now under construction in Lilydale:
235 feet of frontage X$11 per front foot X 1.15 =$2,992.75
7% simple interest for 24 years = 4 4 22
� $7,966.97
$200 per unit WAC charge - 11 X$200 =
Total Connection Charge =
, ��� ��
$10,166.97
Please call with any questions or comments. Thank you.
Sincerely,
James E. Danielson, P.E.
Public Works Director
Enclosure
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
ADDENDUM TO AGREEMENT
This Addendurn made and entered into this �.� October, 1994, by an�
Mendota Homes, Inc., a Minnesota Corparatian, hereinafter referred to as "Homes"
Condominium Association, a Minnesota Non-Profit Corporation, hereinafter refe�
"R.iverain"; Riverwaad Apart�.ents Limited Parmership, a 1Vlinnesata Limited P;
hereinafter referred to as "Riverwood' ; Lilywaod Homeowners Association, a Manne
Parofit Carporation, hereinafter referred to as "Hameowners", City .of Mendota l
Nlinnesota Municipai Corporation, hereinafter referred ta as "Mendota"; and the
Water Commissianers of the City of Saint Paul, a Minnesota Municipal Cc
hereinafter refened to as "Board".
�irHEREAS, Riverain, Riverwood, Venture, Mendota, and the Boazd ent�
Agreement dated Octaber 28, � i9$7, hereinafter referred ta as "the Agreement" far
of extending a private water main for the benefit of Riverwood and Riverain; �
in.tent af the parkies hereto that this document shall act as an addendum thereto,
W�IEREAS, Hornes owns and praposes to develap the following described
within the corporate Iimits of the Ciiy of Lilydala in the County of Daks
Minnesata, legally described as follows, to-wit:
See Attached E�chibit "A"
and desires to tap into the existing private water main described in the
between
Riverain
�d to as
Nan-
its, a
rd of
into an
puiPose
it is the
l situated
State af
Wf-lEREAS, the City of Lilydate has authorized Hames ta construct a�townhause
development on E�chibit "A° which is land abutting State Trunk Highway No. 13 a street in
which a public water main is situated, said water main being a part af the City f Mendota
Heights Public Water System and said City of Lilydale has consented to the Board and
Mendota providing water supply sexvice to said graperty; and
,
VV�iEREAS, Venture has previausly extended a water main from State Trudlc Highway
No. 13 to serve the property iegatly described as: (�
Tract A, Registered Land Survey No. 6, accarding to the plat thereof on file and of
record in the office of the Registrar of Titles in and for Dakota County, esota.
said water extension being pursuant to an Agreement dated t�ctaber 10, i9$5 between Venture,
Mendata and Board and �has pravided capacity in said e�ctended water main adeq ate to serve
Homies project, and has agreed with Fiarnes that said extended water main may be used by
Hames to serve Hames groject; and
W��EREAS, Riverain by a separate easement agreement in recordable forr� granted to
Homes a non-exclusive right to enter upon said easernent lands for the gurpose o maintaining
and repairing the extended water main as further extension to serve Homes pra�erty; and
WHEREAS, Riverain, Riverwaod, and Homeow�ners, have agreed ta shar� equally the
costs of repair and maintenance of that partion of the watermain used in comm n; and
WHEREAS, the City Council of the City of Mendota Heights has authorized a
connection to the City of Mendota Heights public water system to serve the property in the
City of Lilydale owned by Homes; and
WHEREAS, said City of Mendota Heights and the Board have made subsisting
agreements, by and between them germane to the extension of water service, for the aforesaid
purposes, from said public water system of said City of St. Paul by the Board, to said City
of Mendota Heights and the residents of the same within its corporate limits, and such
extension of water supply service has been and now is the subject of City Ordinances germane
thereto duly enacted by said City of Mendota Heights and said City of St. Paul, this agreement
deemed to be subject to said prior subsisting agreements and said Ordinances.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties, for themselves, successors and assigns do mutually agree as follows:
l. Homes shall convey and grant to Mendota and the Board a non-exclusive
perpetual water main easement in, under, through, over and across the property
described in Exhibit "B" attached hereto. Homes, for itself, its successors and
assigns reserve the right to place other utilities, roadways, structures or
other improvements, i.n, under and across said easement area, provided that all
such improvements shall comply with Board standazds and be approved by
Board.
2. Riverain does hereby convey and grant to Mendota, the Board, and Homes, a
non-exclusive perpetual water main easement in, under, through, over and across
the property described in Exhibit "C" attached hereto. Riverain for itself and
its successors and assigns reserves the right to place other urilities, roadways,
structures or other improvements, in, under and across said easement area,
provided that all such improvements shall comply with Board standards and be
approved by Board.
3. Mendota and the Board do hereby grant permission to Homes to construct,
maintain, and repair private water main necessary for the furnishing of a water
service to the real property described in Exhibit "A" attached hereto, subject
to the terms and conditions contained herein.
4. Homes hereby agrees to comply with, abide by and be subject to the terms and
condirions contained in paragraphs 4, 5, 6, 7, 8, 9, 10, 12 and 13 of the
Agreement dated October 28, 1987. For the purpose of this Addendum only,
the term "Owners" as referred to in paragraphs 4, 5, 6, 7, 8, 9, 10, 12 and 13
of said Agreement shall mean and refer to Homes.
5. This Agreement shall be binding upon Homes, its successors and assigns, and
any Association of Land Owners of real property described on E:thibit "A"
attached hereto. It is understood and agreed that the real property described in
Exhibit "A" attached hereto will hereafter be divided and become owned by
parties other than Homes, and that an Association of Land Owners of the
individual property parcels within the real property described in E.�chibit "A"
attached hereto will be formed, and shall be known as "Lilywoad Homeowners
Associarion", and therefore, this Agreement, and the rights and obli�
of Homes shall be binding upon Homeowners, and by becoming
real property located withi.n the parcel descnbed in Exhibit "A" att
without further act or agreement, such individual property ow
deemed to have agreed to the provisions of this Document and is
hereby. It is further understood that Homeowners by consei
Addendum agree to be bound by its terms and conditions. Hor
assign its rights and obligations hereunder without first obtainin�
consent of the Board. Which consent shall not be unreasonably wi
Board. However, notwithstanding the above, Homes upon conve
of the following described parcels:
Lots 1 through 12, Block 1, Lilywood.
shall have the right to assigns its rights and obligations hereunde
Homeowners Association, hereinafter referred to as "Association"
obtaining the written consent of the Board. Upon said transfe
Mendota, and Lilydale shall look solely to the Association for sati:
obligarions contained herein. This Agreement shall be in form as
to recording with the County Recorder, the form shall be subjec
of the Board, and the Board shall be provided an executed
Agreement.
tions herein
i Owner-of
hed hereto,
;r shall be
� be bound
ng to this
;s shall not
the written
held by the
:n� the last
to Lily��od
�ithout first
the Board,
action of all
� be subject
to approval
opv of the
It is fiuther understood by all parties hereto that the purpose of this Addendum is to
extend to Homes the right to connect with the existing water ma.ins, and that�none of the
terms contained herein shall be construed to alter the rights and obligations of e parties to
that Agreement dated October 28, 1987, and that Agreement dated October 10, I1985.
In Wih�ess Whereof, the parties have hereunto caused these presents to be executed the
day and year first above written. � �
i /j / �
Mendota ,Hqmes, �;In J
'� ,i / ' .�';�
, .
By: . i , L-' C,� �-�. Y
.
STATE OF NUNNESOTA
COUNTY OF
;�
v`�
The foregoing instrument was acknowledged before me this � day of
by John Mathern, President of Mendota Homes, Inc., a corporation under the la
of Minnesota, on behalf of the corporation. � �'
/, I' I\f f/ / •.
\ ' 1� '
f " .'.�+ ^` �
� �. .. , .�rr. G
Notary Public
�MERSHAWN M. PIKUS �
.,.�NOTAAY PUBLIC - MFNNESOTA
MY Comm. Exp. Jan. 31. 2000
�ber, 1994,
of the State
1
//�� / /�,
` . �l :l� if ,
Riverwood Apartments Limited
Partnership
• By' . -, •
Its: s � - ,.� - - _ ,: : - ; � - -•, --. - _ ,
STATE OF MINNESOTA f37 �vvx�,�.�,� ��c.�� fs�
COUNTY OF 1"�� UiGe� I�-���<.cQe�z`
iv r� v
The forego' g' trument was ac�owledged b ore me this ( S day of •Aetober, 1994,
by �,,,�ilc�Sn+��1�4, lc:t �'� �S �. ��r •�f Riverwood Apartments Limited
Partnership, a limited partnership under the laws of the State of Minnesota, on behalf of the
limited partnership. �
e n�wvv� ""^'`;
:��„�:,. .�OM('J �l. Bi�Af�Z S
��, fdOTAfiY Pl13LIC—Ml;�i�t[SOTa �
���'� DRSCOT� C011NTY �
'"� My Cor�imiss�on Expires 2-9•95 5
y 1f�VN1NWV'r
STATE OF MINNESOTA
COUNTY OF
� ��� ,� �� �-�
Notary Public �
Riverain Condominium Association,
a Minnesota non-profit corporation
r j'�� (
r--
$j�; �•.al l.�C..�.t..� (� �z�L�.�w:._.
ItS: � (�-7• `• c`�
�The foregoin� instrument was acl�owledged before me this �day of October, 1994,
by Sc� �-.�.r� ��ivr�in-�� , the ��r��.r��u�x� of Riverain Condominium
Association, a non-profit corporation organized under the laws of the State of Min.nesota, on
behalf of the corporation. ' ,
. \
�,./.. �r� /1 /
! ,� ;l�,�,.�.'..�'� ri f-�/l�t4 ��" J�t r�l�l itrt
��'��� •;� �• N4TARY PU8L1G1��INNESOTA
{�f� ' ' �' DAKOTACOUNTY
,�4. 4' � My Comm. F�cp.1-8-98
ic.,��s . �
� �.7 �CL /'_./��/LII.Z�L.
Notary Public
City of Mendota Heights
By:
Its:
By:
Its:
STATE OF MINNESQTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of C
by the of the City of Mendata
�Y �� of the City of Men
a Minnesota Mwaicipal Corparation, on behaif of the Ciry af Mendota. �Ieights.
APPROVED:
General Mattager
Board of Water Commissioners of the
City of Saint Paul
By:
President
By:
Secretary
STATE OF MIlVNESOTA
COUNTY 4F
Natary Public
•` •••"• M
Assistant City Attorney
City of Saint Paul
The foregaing instrument was acl�.awledged before me this day�
1994, by and
President and Secretary of the Board of Water Commissioners of the City of �
�sinnesota Municipal Corporation, on behalf of the Boazd of Water Cammissioner�
of St. Paul. I
Notary Public
COUNTERSIGNED:
Finance and Managernent Services
City of Saint Paul
ber, 1994,
ights, and
i Heights,
af October,
the
aint Paul, a
� of the City
� STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was ac�owledged before me this day of October,
1994, by Director of the Department of Finance and Management
Services of the City of Saint Paul, Minnesota, a Minnesota Corporation, on behalf of the
corporation.
Notary Public
COUNTERSIGNED:
City Clerk
City of Saint Paul
STATE OF MINNESOTA
COUNTY OF
The foregoing instcument was acl�owledged before me this day of October, 1994,
by City Clerk of the City of Saint Paul, Minnesota, a Minnesota
Corporation, on behalf of the corporarion.
Notary Public
COUNTERSIGNED:
, Mayor
City of Saint Paul �
,
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acl�owledged before me this day of October, 1994,
by Mayor of the City of Saint Paul, Min.nesota, a Minnesota.
Corporation, on behalf of the corporation.
Notary Public
The City of Mendota Heights and the Board is hereby authorized by the City of
Lilydale to supply water service to this property through connection to the existing watermain
serving the Riverain Condominium building.
•� �
0
C1Ljr Of
STATE OF 1��INNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this � day
1994, by �aweu, B r2a.w� , Mayor of the City of Lilydale, and
, City Clerk of the City of Lilydale, on behalf of the City of
�MERSHAWN M. PIKUS
.r,+�NOTARY PUBLIC - ANNNESOTA
MY Comm. Exp. J�n. 31 � 2000
STATE OF NIINNESOTA
COUNTY OF
The fore oing instrument was aclaiowledged before me this ��
{1994, by �oHv�� •�+r ✓� , the President of Lilywood Homeowners As,
Profit Corporation, organized and existing under the laws of the State of Min
of the corporation. , n n „
This Instrument Was Drafted By:
Chad D. Lemmons
1210 W. County Road E
Arden Hills, MN 55112
Notarv Public
n�nnnn
MERSHAWN M. PIKUS
NOTAAY PUBIIC - MINNESOTA
�.�.+� My Comm. Exp. Jan. 31 � 2000
Nev2ri�
of Or�b.�r,
Lilyda�e.
N ar¢.vn(o2�
of E►�s��r,
tion, a Non-
:a, on behalf
.� ' "
�•
TO:
FROM:
SLTBJECT:
• ' 1' � • � 1:�
Mayor, City Council and City
Kaihleen M. Swanso f��
City Clerk �
Delinquent Sewer Bills
I,�f TR4I3UCT`IUN:
!��
' � �f �,��"t ���
December 2,
Certification of delinquent utility charges must be made ta the County by
15th to became callectible in 1995. Cauncil must therefore adopt a certif"xcation
� •� •
There are cuirently 46 delinquent sewer accounts, which should be cert.i�ed �to the
County. The totat outstandi.ng balance is $9,244.24. Notices were sent to all flelinquent
customers on November lst.
DISCUSSIQN:
The letter sent to the property owners, past due two {2} guarters or more, n
tte
that if the delinquency was not paid by December 1, 1994 it would be celtified to �
and a$25.00 charge plus IU 1 inte�esi wauld be added to the delinquency amount.
•• i t 1 i; •
I recommend that Council adopt the Delinquent Utility Resalution and
certify the fee to the County Auditor for collection in 1995.
� � r , '� � �
If Cauncil concurs with the recammendation, it should adopt Resalution No.
"RFSQLUTION CERTIFYING LIELINQUENT U'TII.ITY CHARGES TO THE D�
COUNTY AUDITOR FOR COLLECTTON WITH REAL ESTATE TA3�ES; and d
certif'xcation to the County Auditox.
7ed them
County
staff to
�
'A
CTTY OF MENDOTA HIIGHTS
Dakota County, Minnesota
RESOLUTION NO. 94-
RPSOLUTION CERT�YING DELINQUENT UTII.ITY CHARGES
TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION
WITH REAL PSTATE TAXFS
WHERP.AS, under the provisions of this Ordinance No. 803 adopted by the City
Council of Mendota Heights on August 6, 1974, it is provided that if sewer rental charges due
to the City for the use of the City's sewer system are not paid within thirty (30) days after the
mailing of a statement thereof, the same shall be collected and the collection thereof enforced
in the same manner in all respects as county and state real estate ta�ces subject to like penalty,
costs and interest charges, and
WHEREAS, the City Clerk has advised the City Council that the total sewer rental
charges due to the City as of I3ecember 1, 1994, for sewer service furnished the properties
hereinafter described situation within the City has not been paid, and
R�iEREAS, the City Clerk has further advised the City Council that a written
statement for said sewer rental charges due the City as of December 1, 1994, has been sent to
the last known owner of said properties and that more than thirty (30) days have elapsed since
the mailing of said statement, and
WHEREAS, said properties are all situated in the City of Mendota Heights, in Dakota
County, Minnesota and the legal description of said properties, the name and address of the
last known owner thereof, and the total amount of sewer rental charges due for each of said
parcels through December 1, 1994, are more particularly described as follows;
NAME AND ADDRESS
J. Povolny
912 Adeline Court
Craig Byer
2219 Apache Lane
Bernazd Abramson
688 Arcadia. Drive
LEGAL DESCRIPTION
27-71275-260-02
27-27800-060-07
27-37600-040-OS
AMOUNT DUE
$149.30
$102.40
$244.35
L.A. Anderson
1066 Avanti Drive 27-44955-130-03 $161.00
NAME AND ADDRPSS
J. Martin
901 Cheri Lane
J
�
724 Cheyenne Lane
Robert Butterfield
929 Chippewa Ave.
Margaret Regan
992 Chippewa Ave.
Arnold T. Hanzel
771 Creek Ave.
Robert 7. Emery
1183 Dodd Road
Patrick Farrell
19 Dorset Road .
Bevan Marvy •
970 Douglas Road
Les Battarbee
2258 Field Stone Drive
R. Huessner
654 First Ave.
J. Isaac
662 Fourth Ave.
7. Clemency
1914 Glen Hill Road
L. Mrozinski
595 Highway 110
Gael Forsman
� 610 Ivy Falls Ave.
LEGAL DESCRIPTION
27-45300-2(}0-00
2 /-Z�OW'UlU-lU
27-57500-060-02
27-47700-110-01
27-27800-030-01
27-03800-020-13
27-71150-050-11
27-76400-050-02
27-18303-100-01
27-69702-020-07
27-69701-023-04
27-81250-020-01
27-025000-024-04
27-13350-027-00
2
$122.80
$198.89
$258.85
$227.45
$219.25
$180.90
$164.00
$164.00
$120.90
$ 89.00
$275.40
$207.90
$199.65
$174.60
CDUE
NAME AND ADDRPSS
H. Slobof
1016 7ames Court
I. Kanevsky
750 Keokuk Lane
Donald G. Geist
1669 Lilac Lane
Mrs. D. Anderson
751 Mohican Lane
Chazlene Steele
780 Mohican Lane
Eugene Engelmann
1779 Overlook Lane
Roy Henderson
1095 Overlook Road
Kevin Milbery
1000 O�cford Court
7ohn McNeill
1455 Perron Road
A1 Paterson
606 Pondview Court
Jack Gohl
924 Rae Court
Mark Neid
694 Second Ave.
John Bathke
699 Second Ave.
David Marruffo
537 Sunard Street
LEGAL DESCRIP'ITON
27-76402-190-03
27-27800-06U-18
27-76401-240-00
27-27800-190-19
27-27800-080-20
27-32800-040-02
27-32800-010-01
27-64700-190-03
27-03300-050-03
27-18301-060-OS
27-71275-180-02
27-63130-030-01
27-41200-060-01
27-31300-062-01
3
AMOIJNT DUE
$217.00
$191.50
$164.00
$164.00
$185.70
$310.70
$458.70
$132.50
$ 27.50
$231.10
$327.10
$ 85.00
$140.10
$166.65
t' -
NAME AND ADDRPSS
Neil Baker
680 5outh Freeway Road
Frank Miller
604 5pring Street
R. Powers
983 Stratford Road
Ronald Clevanger
1848 Summit Lane
G. Cosgrove
649 5unset Lane
Jerome Peterson
2066 Theresa Street
B. Carlson, 7r.
2091 Theresa Street
Saleh Canavati
2166 Timmy Street
Joha McMahon
1832 Z�vin Circle Drive
C. Lange
779 Upper Colonial Drive
James Hocks
1025 Victoria Court
7erry Kilgus
1171 Victoria Curve
Mark Sterling
810 Wagon Wheel Trail
B. Randall
954 Wagon Whee1 Trail
LEGAL DESCRIPTION
27-38600-070-04
27-42100-070-08
27-727(}0-010-02
27-44950-040-01
27-54200-081-01
27-19100-220-03
27-19100-080-04
27-19150-090-00
27-44955-160-01
27-17150-140-06
27-48600-030-01
27-13700-010-01
27-45300-020-00
27-164U0-160-00
4
$203.60
$265.05
$203.10
$294.50
$263.65
$164.00
$427.25
$264.25
$139.10
$231.25
$176.15
$222.15
$164.00
$164.00
NOW THLRFFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota as follows:
1) That the total of said utility charges set forth above is hereby adopted and
confirmed as the pmper unpaid utility charges due for the above described
properties through December 1, 1994, for each of said lots, pieces and parcels
of land respectively, and the current chazge against each such parcel of land
shall be a lein concurrent with the general taxes upon such pazcels and all
thereof.
2) That the total amount of said utility charges shall be payable with gener�l taxes
for the year 1995 collectible ia 1995 (now designated Statute as real estates
taxes payable in 1995).
3) That the City Clerk shall prepare and transmit to the County Auditor a certified
copy of this resolution with the request that each of said amounts shall be
extended upon the property tax lists of the County to be thereafter collected in
the manner provided by the law.
4) That a$25.00 service charge will be added to each delinquent utility account in
accordance with Ordinance No. 157 amending Ordinance No. 803.
Adopted by the City Council of the City of Mendota Heights this 6th day of December, 1994.
CITY COUNCIL
CITY OF MENDOTA HIIGHTS
I�
Charles E. Mertensotto
ATTPST:
Kathleen M. Swanson
City Clerk
5
Mayor
CITY OF MTsNDOTA HEIGHTS
��, •
December 1, 1994
T0: Mayor and City Council
FROM: Tom Lawell, City Administ
SIIBJECT: PrimeNet Marketing Inc. Contract for Private
Development
On November 15, 1994 the City Council discussed wit
Dale Glowa of United Properties specifics related to the
development of the PrimeNet Marketing Inc. facility to b
on Pilot Rnob Road just north of the Big Wheel/Rossi cor
headquartera�building. At that time, Council approved a
Site Plan which amended the parking lot layout in order
preserve existing vegetation on the site. Other issues
to the development were deferred to the Council's Decemb
meeting.
CONTRACT FOR PRIVAT}3 DEVELOPN�NT
On November 15th, the Council was provided with an
copy of the Contract for Private Development with United
Properties setting forth the details of the City's Tax I
involvement with the project. Due to its length, Counci
additional time to review the document and its approval
postponed to the December 6th Council meeting consent ca
Since that time, a subsequent version of the Contr
Private Development was received from the attorneys and
document was distributed to Councilmembers on Friday, N
25th. Councilmembers were asked to review the document
forward to staff their questions and comments. A final
of the document is attached for your approval. .
Mr.
located
orate
revised
o better
elated
r 6th
pdated
crement
desired
as
endar.
t for
his
ember
nd
ersion
GRADING PLAN/ SIT$ DRAINAG�
During the Council's discussion with Mr. Glowa about
driveway entrance changes for the PrimeNet site, Council
questioned whether the changes would have an impact on storm
water drainage. Mr. Glowa has now submitted a revised grading
plan that incorporates the driveway changes (see attached).
Based on a review by our Engineering Department, the storm water
drainage patterns remain essentially unchanged and the new plan
is acceptable from a storm water management standpoint.
REVISLD LANDSCAPE PLAN
Also related to the new driveway plan, Mr. Glowa must now
submit to the City a reviaed landscape plan for the Prime Net
site. This plan is currently being prepared and will be
scheduled for Council review sometime in January 1995.
ACTION REQIIIRED
A motion should be ma.de to approve the attached Contract for
Private Development with United Properties and authorize the
Mayor and City Clerk to sign the documents as appropriate.
November 22, 1994
Mr. Dale G1owa,Senior Vice President
United Properties Development Compaay
3500 West 80th Stre�t, Suite 100
Minneapolis, MN 55431
Dear Mr. Glowa:
C i y o�
1Viendota Hei hts
I am writing to formally notifX you that the City Council, at their November 15,
me�ting, approved your request for a revised Site Plan for the PrimeNet Data. 5y
development, as proposed on plans submitted 11-15-94 with revised parking nun
approval by City Council allows for the implementation of "Option B" with a thi
along Pilot Knob Road.
.rs. This
curb cut
City Council desired that revised grading plans be submitted to the Engineering staff for
appmval aad that a future revised landscaping plaa will need to be submitted to City Couacil
for approvai. As, discussed on the telephone, six copies of the revised grading plans should
be submitted to Engineering by Wednesday, November 30, 1994. The landscapin approvals
may occur at a later date. �
Ia addition, City Couacil will consider final authorization of the formal Tax
Finaacing agreement at their December 6, 1994 meeting.
Good luck with the PrimeNet Data Systems development!
Sincerely,
� � �
Kevin Batchelder
Administrative Assistant
cc: Tom Lawell, City Administrator
7ames Danielson, Public Works Director
Paul Berg, Code Enforcement Officer
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 �52 • 1850
pEG- 2-94 FRI 11�09 WINTHR�P & WEI�STIN�, PA FRX NU b��L�c��4r
NtARKED CHANGES FROM I�RAFT
PRBSEN't'&U AT I�TQV'F.�v�BR 15, 1994 CITY
COUTtCIL MEEITNG
! ' • i ! '' 1 �' !
by and between
The Cit�}► of Mendota Heights
and
United Properties �orporation
-��e���e�- {De�em er> �, 1994
......�,..._
DEC-;2-94 FRI 11�10
WI�ITHROP & WEINSTINE, FR
FAX N0, 6122929347
TABLE QF CONTFNTS
AR'I'ICL�E I. DEFIl�tITION5 . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . �
Section 1.1. Definitions . . . . . . . . . . . . . . . . . . . . . . . �
. , � , ,
.• :i .�... � a �► ... �
Section 2.1. Represen�ations by the City . . . . . . . . . . . . . . . . . .
a. Status of City . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b, Comgliance with Laws . . . . . . . . . . . . . . . . . : . . . . .
c. Limited Revenue Tax Incretnent Note . . . . . . . . . . . . . . .
d. No Watranty as to Development Propesty . . . . . , . . . , . .
Section 2,2. Representatians, Covenants and �arraaties by the
a. Goad Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. Autharity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Coasents ................................
d. No Violatian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e. Title ...................................
f. Compliance with Laws . . . . , . . . . . . . . . . . . . . . , . . ,
g. Fnergy Conservation . . . . . . . . . . . . . . . . . . . . . . . . .
h. Permits and Licenses . . . . . . . . . . . . . . . . . . . . . . . . . .�
i. Cost of Minimum Improvements . . . . . . . . . . . . . . . . . . .
j. I�E'�SSIty Of AS5LSt3IIC£ . . . . . . . . . . . . . . . . . . .
. . . . , .
k. Zoning ..,...,....� ......................
1. Ha�andaus R�aste . . . . . . . . . . . . . . . . . . . . . . . . . . . .
m, Materials Permits . . . . . . . . . . . . . . . . . . . . . . . . . . .
n. No Envitonmenial Proceedings . . . . . . . . . . . . . . . . . . . ,
a. No Env'vronrnental Listing . . . . . . . . . . . . . . . . . . . . . .
p. Na Require.cl Testing . . . . . . . . . . . . . . . . . . . . . . . . . ,,
q, Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Is �Gll���i • • . • • s � • • . s s . < • . . • . • . . . . . • . r + . � . .
5r �LL��.vGLi . s . • . . . � . . . . . . . � . . � . . � . . � . � . . r . . �
�_ � � _ �r_ �.n : _� R�_ � - � __� : �tr � ��4+��• ;
Seciion 3. �.. I.imited Revenue T� Increment Note . . . . . . . . . . . . .
a. Assigament of Note by Developer , . . . . . , . . . . . . . . . . .
6. Limited ta Available Tax �►crement , . . , . . . _ . . . . . . , . .
c. Delinquent Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... $
C � U'f ,
DEC- 2-94 FRI 11.10 WI�ITHROP & I�EINSTI�E, PA FAX NO
d, Cessa�ion of Obligation Upon Tra�sf�r , , , , , , , , , , , , , , , , , , , , 9
e. Representa�ians af Uevelvper Regarding Note . . . . . . . . . . . . . . . . 9
Se�tion 3.2. PIace of Document F.�cecution, Delivery and Rec�rding ...,.... 9
Secti.on 3.3. Reimbursable Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
a� Phase I Costs . . . . . , . . . . � . . . . . . . . . . . . . . . . . . . . . . . . 1Q
b. Phase li Costs . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Section 3.4. Public Costs . . . . , . . . . . �. . . , . . . . . . . . . . . . . . . . . . . 10
Section 3.5. Coadidons to City's Reimbursement �bligatian . . . , . . . . . . , . 10
' � ' ! ! ' 11 1 1 t' ' • :�f i. !
Section 4.1. Constn:ctian of Minimum Impravements . . . . . . . . . . . . . . . . . iQ
Section 4.2. PrelimirLazy Uevelopment Flan . . . . . . . . . . . . . . . . . . . . . . . 11
a. Appmval of F'reliminna,ry Development Plan . . . . . . . . . . . . . . . . . 11
b. Changes in Flans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
c. Effect of City Approvat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Sectioa 4.3. Completion of Constructian . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4,4. Certificate of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . 12
a, Certif'icate of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
b. Notice af Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 4.5, Additional Responsibilities of Develope= . . . . . . . . . . . . . . . . . 12
a. Maintenance of Public Easements . . . . . . . . . . . . . , . . , . . . . . . 12
b, Utility Installation . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
c. Repair of Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTI�LE V. INSURANC$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . 13
Section 5.1, During Develc�pment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
a. Baitder's Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
b. General Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
c, Worker's Compensatian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 5.2, Other Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
,ARTtCLB VI, PROHIBITI4NS AGAINST ASSIGN��fENT AND TRANSFER ....,. 13
Section b.1. identity af Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
D�C- 2-94 FRI 11�11 WI�T�ROP & WEINSTINE, PA FRX NO 61Lzy����r
Se�tic�n 6,2. Limitations on Transfer . . , . . . . . . . . . . : �
Sec�ion 6.3, Cansequences af Transfer . . . . . . . . . . . . . . . . . . .
a, Na Transfezs . . . . . . . . . . . . . . . . . . . . . . . . . . . . : �
b. Consequences of Transfer . . . . . . . . . . . . . . . . . . . .
c. Assignment of Note by Developer . . . . . . . . . . . . . . . .
d. Gessatia� of City 4bligation.s Under Note . , . . . . . . . . .
e, Na Restriction on Sale . . . . . . . . . . . . . . . . . . . . . . .
. 14
....., 14
Section 6.4. Permit#ed Financings . . . . . . . . . . . . . . . . . . . . . . . � . < . . . . I5
Sec�ion 6.5. No Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . 15
• ' 1 ;� i� ► :A ' i ! i
Section 7.1. Event of Default . . . . . . . . . . . . . . . . . . . . . . . . . .j . . . . . . IS
a. Faiiure af Timely Completion . . . . . . . . . . . . . . . . . . . . . . . 15
b. Breach of T�evelaper Obliga�ions . . . . . . . . . . . . . . . . . . , . . . 15
c. Ba�nkivptcy of Daveloper . . . . . . . . . . . . . . . . . . . . . . . . , . IS
Sectian 7.2. Remedies an Default . . . . . . . . . . . . . . . . . . . . . . . . i. . . . , . 15
a. Certificate of Campletion . . . . . . . . . . . . . . . . . . . . . � �. . . . . . 16
b. Suspension. af Performance . . . . . . . . . . . . . . . . . . . . . . . . . . 16
c. Termination of A;greement . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
d. Suit for Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Sectian 1.3, N'v Remedy P,�cclusive . . . . . . . . . . . . . . . . . . . . . . . . , . . 16
Sectian 7.4. No Additional Waiver Implied by One Waiv�r . . . . , . . . . . . . I6
ARTICI.E VIII. �ADI7I'I'IONAL PItOVISIONS . , . . . , < . . . . . . . . . . . . . .� . . � . . 16
Section 8.1. Conflict of Interests; City Representatives Not Individually Liab2e ",. I b
Section 8.2. Non-Discrimination . . . . . . . . . . � . . . . . . . . . . . . . . . . . . 16
Section 8.3. Equal Employment Opporiunity . . . . . . . . . . . . . . . . . . . . . 17
a. Employees . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , 17
b. Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . 1�
c. Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , l�
Sectiva 8.4. Pravisions I�Iat Merged With Dee� . , . . . . . . . . . . . . . . . . . . 17
Section 8.5, Tittes of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 8.6. No�ices and Demands . . . . . . . . . . . . . . . . . . . . . . . . , . . 11
a< Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I8
�� �Yl�y a • . � • • � . . • . . � . • . . � • . � • s r • . r . • a • . � . . � . r . . �Q
DEC- 2-94 FRI 11:11 WINTHROP & WEINSTINE, PA FRX Nv, eicc�c����
Section $.7. Inde�mnifiication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
a. ReleaseafCity ,..........., .....................1$
b. Indemnification of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
c. Reimbursemeni of Casts . . . . . . . . . . . . . . . . . . . . . . . . . . .� , . 19
d. Hazawrdaus Waste Indemrtity . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
e, Tax Znc�ment indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Secti.on 8.8. Covenants of Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 8,9. Governing Iaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Secdon 5.10. Time is vf the Essence : . . , . . . . . . . . . . . . . . . . , . , . , . . . 19
Section $,11. Counterparts . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . , 19
Section 8.12. Interps�etation and Severability . . . . . . . . . . . . . . . . . . . . . . . 19
Sectian 8,13. Successors and Assigns . . . . . . . . . . . . . , . . . . . . . . . . . . . 19
Section $.24. Modification/Entiz� Agreement . . . . . . . . . . . . . . . . . . . . . , . 20
PX'FiIBIT A Lsgal Descriptian
�EiIBi'r B L'united Revenue Ta�c Increment Note
EXHJ�BIT C Reimbursable Costs
DEG�, 2-94 FRI 11.12
�
I
WINTHROP & WEIN5TINE, PA FAX N0. 6122929347
Centract For
Privat� Development
TH'IS CON'TRACT FOR PItIYATE DEVEIAPMENT ("AGREE�MENT"),
of the day of -��er�c,��Hep-�- <December>, 1994, by and between 7
MBNDOTA HFdGHTS {the °City"), a statvtary city af the Staxe vf Mittnes
principal offices at IlQl Victaria Curve, Mendota �Ieights, Minnesata. 5511$
PROPERTiES C4RPC}RATIQN, a l�tinnesata carperratioa {the "Developer"), w:
affice at 3500 West 80th Str�et, Bloamingtoa, Minnesota 55431.
WITNESSETH:
�;�
!Q� 01l OF 8S
3 CTTY OF
, having its
�d UI�ITED
its principal
�+:l�TA5, the City is a statutoxy city of the fourth class organiaed and e�sting pursuant to
ths Cons�itution and laws of the State of Minnesota and is governed by the City Covncil {the
"Council") af the City; and
'W�iF12EA5, pursuant ta the Municypal Development I�istricts Act, Minnesota Srarictes, Chapter
273, as amended and recodified {the "Act"), the Counail is authorized to establish ��devetop�nent
districts in order to provide for the development and redevelopment of the City; ��'nd
WHE�AS ursuant to the Minnesota Tu� Tncrement Finanein Act, Minnes � ta Statutes,
� P u� g
Sections 469. i74 et. seq. {the °Tax Inc�ment Act"), as amended, the Council i.s authori7.ed to
�ce the capltal and administration costs af a deveiogmene district with tax incr�ment revenues
derived from a tax increment fuzancing district estab]�shed within such development district, and
'��`REAS, the Cauncil ad�pted the Development Program (the "Developmene
S, 1981 creating Deveiapm�nt Distzict Number !(the "Devel.opment Distr�ct")
Act; and
WHE1tEAS, in connection with the Development Plan th� Counci� �as
inerement �nancing district pursaant to the Tax Increment Act (the "Tax Irn
and '
WHE1t,EAS, the CiEy believes that the develapment of the Davelopment District purs
Agreement, and fulfillment generally of the t.�nns of this Agreement, are in the be
of the City and the heatth, safety, marais and welfare of its residents, and in acco:
public purposes and provisions of applicabie federal, sta.te and lacai laws under
Development P1an is being undertaken and assisted;
1�tOW, THEREFORE, in consideration of the foregoing premises and. the mutual
rep�resentatians and undertakings of the parties hereta, each of them daes hereby co�
agree with the othec as follows.
"} an May
tant to the
bea a t�
Distri.ct°);
at to this
interests
with the
hich the
and
I�UU
DEC- 2-94 FRI 11�12 WINTHROP & WEINSTINE, PR FRX �
ARTICLE I.
DEFIl�tITIONS
Section 1.1. Defi�tioas. When used i.a this Agreement the following teims shall have the
meanings specified in this Article I, Each definition or pronoun herein shall be deerned to refer
to the singular, plucal, masculine, feminine or neuter as the context requires. Words such as
"herein," "her+�inaPter," "hereof," "her+eto," and "hereunder," when used in reference to this
Agreement, refer to this Agc�eement as a whole, unless the contcxt requires otherwise:
"Act" means the Muaicipal Development Districts Act, Minnesora Statutes, Chapter 273 as
amended and recodified.
"Actual Knowledge" means, with respect ta any representation made herein, the awareness of
facts or information, or the absence of facts or information, by a n.ataral person, or, in the case
of a legat entity, any officer of such endty. Far purposes of this A�reement, ActuaI Knowledge
shall include any facts discoverable by any person ia the exercise of reasonable diligence.
"Agreement" means ttus Contract for Private Development, as the same may be from tune to
time modified, amen�ded, or supplemented.
"AssignmenE Date" has the measting ascrihed in Section 3.1(a).
"Certificate of Completion" mea.ns the written certification by the City that the Minimum
Improvements have been completed in accordance with the terms of the Agreement.
"City" means the City of Mendota Iieigh�s, Minnesota.
"Cansiruction Plans" means the plans, speciFications, drawings and documents related to the
Development Property and the construction work to be gerforcned by the Devetaper on t�e
Development Praperty including, but not limited tro, the following: (1) as-built surv�y of
Development Property, (2) site p1an; (3} foundation plan; (4) floor plan for each ftoor; (5) cross
sections of each building {length and width); (6) elevations (all sides}; ('7) faca@e and landscape
p1an; and (8} such other plans or supplemen�s to the foregoing plans as the City may reasonably
request,
"Conveyance Date" means the date upon which the I,essee takes possession of the Development
Property and the Minimum Imptovements by conveyance or leas�.
"Council" rneans the elected city council of the City,
"County" means the County of Dakota, State of Minnesota.
"Deveioper" means Ututed Properties Corporation, a Minnesota corporation,
"DevetopmenE DistricE" means Devetopment District Number i created by the City pursuartt
to the Development Plan, �
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DEC-;2-94 FRI 11:13 WINTHROP & WEI�ISTINE, PA FAX N0, 6122929347
"DeveIapment Plan" means the DeveIopment Progr�n for Develvpment
adopted by the Coancil on May 5, 29$1, as ihe same has t�n and rnay he:
"Develapmeui Property" means the maI property legally describea an �.��t ibi� A
and incorparated hereia,
"Event of Default" mea�s an action ar occurrence describ�d. in Section 7.1 of
"Lessee" means PrimaNet Marketi.ng, Inc., a Muu,esota corparatian.
"Minimum Improvements" means the Phase I and Phase II structures to be
Development Pmperty, together with any adjacent and related facilities.
� � rl
�t Nnmber 1
ba amended.
hereto
Agreement.
an tbe
"Nate" means the Limited Revenue Tax Incr�ment Note substantiatly in the form Iof Ext�ibi B
attached to and incorporated in this Agreement, and to be made by the City payable to the order
of the Developer and delivered by the City ta the Developer in accordance with� Section 3.2
hereaf.
"Perrnitted Transfer" means (i} the Iease of the Daveiapment Praperty by the De
Lessee, aad {ii) any conveyance or dispasition of the Develapment Pmperty or rhe
is excepted from �(or not iaciuded w��hin� > the defitution of Transfer se#
ArticZe.
"pbase I" means aa appmximately 86,518 square foot officelwaxehouse
constnicteci on the L)evelvpment Property. .
"Phase II" means an approximately 40,000 sqc�arre foot addition, annex or related
Phase I which L�eveloper or Lessee may canstruct on the Development Progerty.
� to the
which
in this
to be
to
"Preliminary Developmerrt Piaa" shall mean, collectively, the Construction Plans `d ali other
writings, dr�twings illustratiaas or ather art�stic renderings, agplications, agreemen s or other
dacuments submitted to and approved by the City in connect'san witb this Agreemeat andfor the
Project. . �
"Praject" means the acqaisitian of the Develapment Pmperty and construction of
Improvements thereon.
"Reimbursabte Casts" means the Froject costs for which the City is partially reimb�rsing the
Develaper pursuant ta this Agreement, as set farth on Fxhibit C attached hereto and incorporated
herein.
"Staie': means the State af Mi.nnesota.
"Tax Increment" means that gortion of ths real. estate taxes paici with res t to the
Develvpment Property wt�ich is remitter! ta the City as tax increment purst�ant to tha Tax
increment Act,
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DEC- 2-94 FRI 11�14 WINTHROP & WEI�5TINE, PA FAX �0, 61229293�r
r� i�
"Ta�c Incremeat Act" means the Tax Increment Financing Act, Minne�ota Statutes, Sectians
469.174-469.179, as amended.
"T�x Incremeat DisErict" means Tax Increment Financing District Number 1 crea.ted and
ameaded by the City purs�ant ta the Ta.x Increment Plan adopted in connection with th�
Develapment Piaa.
"Tax IncremenE Piaa" means the Tax Incrernent Financing Plan adopted by the City on May
5, 198i, in connection with th� cre:ation af the Tax increment District, as the same has been or
may be amendeci from dme to time,
"Tax OPfieial" means any City or coen�ty assessox; CoUnty auditar; City, County ar State board
of equalization, the commissioner af revenue of the State, or any State or federal distnct ccc�urt,
the tax court of the State, or tlte State Supreme Canrt,
"Transfer" means any cessatioa af (i} possessian or awnership of the Development Property or
the Minimum Improvements by the Developer priur to the Conveyance Date or (ii} possessian
and use of the Mitiimum Impravements by the Lessee after the Conveyance Date, far anp
reason, inc�uding:
(A) the cancellation af any lease entered into by the Lessee, as Iessee, for occupancy
and use of substan�ially all of the Development Property and the Minimum
Improvements; or
(B} prior to the Canv�.yance Date, the sale, exchange or transfer of greater thaa a fifty
percent (50 %} interest in the ownership, profits, ar c,apital of the Developer,
determined with reference to all such exchanges accamng after the date hereof; or
{D) after the Conveyaace Date, the sale, exchange or trazxsfer af greater than a f�fty
percent (50 %) interest i.a ihe ownershig, pmf ts, or capital of the Lessee, detezmined
with reference ta ali such exchanges occarring after the date hereaf, pravided,
however, that a Transfer shalt noi ineiu@e (A} �ay tr�nsfer or disposidon to a party
re2ated to the Lesse� witbin the meaning of 5ection 261(b) of the Internal Revenue
Code of 1986, as amended {Tit1e 26 U,S.C.).
Notwithstanding the foregai�g, the sale or other conveyance of ownership of the
Devel.opmeni Property andlor the Niinimum Imp�rovements by the Developer on or after
the Conveyance Da�; sha11 noi constitute a taansfer for purposes of this Agreement,
provided that Lessee remains at a�I times ther�;after the Iessee in pt�ssession of the
Development Fco�erty and the Miniamam Impravements.
"Unavaidable Delays" means delays which are the dixact result af strikes, shortages of
materials, war or civii commation, delays wtuch are the direct result vf unforeseeable and
unavoidable casual�ies to the Minimum Impmvements, the Development Fmperty or the
equipment used ta construct the Mitri.mum Impmvements, delays which are the direct result of
gove�nmencal acdon at i�action beyond th� contml of Develaper, delays which at�e the direct
resalt of judiciai aetion commenced by third parties, citizen apposition or action affecting the
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DEC- 2-94 FRI 11�15 WINT�RQP & WEINSTINE, PA FAX N0. 6122g29347
Pmject or adverse weather conditions, or Ea any othez cause or act�on beyand
control of the p� y seeking to be excased as a r�suli of its accurrence.
� ARTI+CLE II.
. �. y • � . .. �
Section 2.1, Repre�ent��ions bv the Citv. The City makes the following
the basis for the undertaking an its pazt herein contained:
P 11
the reasanable
as
a. Status of C�, The City is a statutory city of the State witb all �he gawers of
a siatutory city of the fourth class duly organized and e�sring under the Iaws of the
State. UndeF the pmvisians of the Act and any ather appIicable Iaws, the City has tt�e
power to ent�r intc� this Ag�ement and cany out its obligatzons hereunc�er.
b. Comolianae w�wi�h Laws. The CiLy has created, adopted and ;
Development District, the i�eve2opment Plan, and Tax Increment District ;
with the r�spective terms of the Act and the fiau Increment Act, and the
ia full force and effect,
�. LE.m�+�d Revenue T,�x incremen�Note. To flnance some
obligations of the City hereunder, the City proposes ta make the Note
Devel�per in accordance with tbe grovisians herevf and ta pledge
generateri by the Ta�c Increment Dis�rict to the payment of the principal
the Note according co its terms, �
proved the
accordance
tme remain
all of tha
able ta the
increment
interest on
d. Nry�,Warran►ty�s io Deve[spment Pro�erty. Bxcept as specifica.11y grovided
herein, the City makes no regresentation, guaraaty ar warrauty, either �express ar
unplied, as to any matter, including specifically, but withaut limitation of th� generaiity
of the faregoing, (i) the state of �.tle to ar the cr�ndition of the Develapmen�t Property,
(u) ihe suitability of the DevelopmenE Property far the Developer's pu�p�ses or needs,
or {iu} ehe ececanomic feasibility of the Pmject, `
Seciion 2.2. Repres�nta�ions. Cc�ven�nt� and Warranties hy thQ Deveto,per.
represents and warrants that:
a. ��ao� St�naing. Develaper is a corporatian duly orgat�ized, validly e�isting and
in good standing under and pursuant to the Iaws af the State of Minnesota. d has full
power aad authority to enter inea and pert'orm its obflgations Under this Agre ment and
the transactions contemplated hereby.
b. uthorit . This Agre�ment has been duly and validly executed and de�iYered by
Develoger and constitutes the vatid and binding abligation of T?eveloper ac rdin� ta
its terms, enforceable against Devetoper except as the enforcement thereo� may be
limited by banlwptcy and ather Iaws of general appIicatian relating to cred�t rs' righ�s
or general principles af equity, The execution of this Agreement by Develope� has been
-5-
BEC- 2-94 FRI 11�15 WI���ROP & WEINSTIKE, PA FAX �0, 6i2Z9�y�4r
r � i c.
duly authorizeci by the appropriate afficers of Developer, and no further action is
requueci for the perf`ormance by Developer of its obligatians hereunder.
c. C+�nseu�s. Exc,ept as disclosed in this Agre�ement, no cansent, approval, order,
authorization, registiation, declara.tion, fi.ling, waiver or rtodce to any government
entity ar third party is xequised ar necessary tu be obta.ined by Devetoper in connecdan
with the execution, delivery and perfarmance of this Agreement.
d. Na_Vioiaiion. Neither the execution and delivery of this Agreement, the
consumma�ian of the �iansactions cantemplated hereby, the acquisition, construction
and development of the Development Property, nor the fulfillment of or campliance
with the terms an@ co�ditior►s of this Agreement is prevented, limited by or contlict
with ar result in a breach of, the terms, conditions ar provisions or any corporate
restricdon or any evidences of indeb�iness, agreement or instruraent af whatever
natune to which the Developer is naw a party ar by which it is bound, ar coastitutes
a default undes any of the foregaing.
e. Titte. As of the date af tbis Agraement, DeveZoper is and shali remain the owner
of the I�evelopment Properiy uatil ttte Conveyance Date. Baccept for matters diselosa3
in this Agr+eeme�t, there are na pending or thr�atened claims, iawsaits, or disputes witl�
respect ta the Development Pr�apezty or Developer's awnership thereof,
f. Comnliance with L�ws, The I3eveloper shail operats aad maintain the Minimuari
Improvements in all materia2 aspects in accordance with the terms of this Agreement,
the Develo,pment plan and aIl apglicable Iaca.l, state and federal laws and regulations
{including, but not limited to, environmental, zoning, buitdirig code and public heaith
laws and regu�ations�.
g. Ener�, Consexvation. The Deve2oper sha11 canstruct the Minunum
Improvements in aecor+dance with ail applicable lacal, state or � federal
enetgy-canservatioa laws or regula�ions.
h. Pernuts ana Li�eenses, Subject to Unavoidable Delays, the Developer shall
at�tain, in a timely manner, all required pernuts, Z�YIBA753 cleara�ces, Iicenses and
approvals, and wi11 meet, in a timely ma�nner, the requirements of a1l applicable local,
state and federai laws and reguia�ions which must be obtained or met before the
Minimum Tmprovements may be Iawfully constzucted.
i. Cost of Minimum Im�rovements. The D�retoper covenants that the cost of the
Minimum Improvements to be completed on the Development Pmperty shall be nat less
than $4,300,000.
j. 1„�ece�s�tv,s►f Assist�ance. The Developer acknawledges, represents and agrees
that, but for the assis�ance provided by the City und�r the Agreement, it would not be
able to undertake the Fmject within the foreseeable future.
�
DEC- 2-94 F'RI 11;16 WIKTHROP & WEIN5TINE, PR FAX N0, 612292934?
k• 2onin�, The Miaimum Improvements, as of the date of this �
permitted use under the pmvisions of the zoning ordinance of the City
Develapment Pmperty,
I, Hazardous Waste. Na asbestos, urea. formaldehyde, polyclilori�tat
nuclear fuel or materials, chemical wast�, radi�active mat�rials, e�lQ;
carcinagens, petrolenm products ar otherpollutan�s, contaminan�s, chemic
or substances defined as "hazardous waste," "hazardous substance,�'
consdtuent," "solid waste," or "toxic substan.ce" {a11 of the foregoing a�
callectively hereinafter as "`Hazardaus Materials") the release or dispas�
regulated by any fedezat, state or Iocai sta.tute, regulatian, order, �
pablication or ordinanr,� (ar any amendment thereto) related to human
enviroament including, witbaut iimitation, any Iaw, te;gulation or ordit�an
the protection and preservation of natural resources, air, water, aoise or
or contamination, or Haza�rdous Matez7ats use, genera�ian, storage
("Enviro�unental Law") are, ta the best of Developer's Actua�. Knowledge
in, about vr under th� Development Property, and, ta the best of Develc
Knawledge, nane of Developmeat Ptap�rty has ever been utilized far
manufacture, dispasal, handling, trar,sportation or use of any �Iazardous
m. �Iateriais Permits. All permits, licenses and simi3ar autbo:
approvais necessary os required under all8nvirotimen�al I,aws, including
Hazardaus Materials stored, used or manufactured within or on the
Property have, to the best of Developer's Actual Knowledge, been obtair
cvmplied with and ar� in full force and effect, and the Daveioper has c
all other reporting, filing and other requirements under the Environmen�
Y. 13
are a
ta tke
°d biphenyls,
sives, known
�ls, materials
"hazar+dous
e refene;i to
! of wttich is
reaty, code,
�ealth or the
e coacerning
�ail pollution
or disposa�l,
., lacaeed an,
►per's ActuaS
( the storage,
ns and
for any
, ar� being
ipiied with
Laws.
n. No Eavironment�Z Proc�, There are no existing, prapased, thr+eatened,
or pending investigations, administrarive proceeriings, litigation, regulato hearings
or other actioas cvncerning any the Development Praperty and aileging noncampliance
with or violation of any Envirorunentai Law or relating to any required environmental
gennits or Iicenses. �
o. N� Envi�rnnmeniat Listin�. No portion of th� Development Pmperty is listed
in the United States Envimnmentat Pmt�tion Agency's Natioaal Priaritiies Lisc of
Hazazdous Waste Sites nor any other list, schedu2e, Iog, inventory or record aP
hazardaus waste sites maintained by any federai, s�ate ar 1vcal agency.
p. �To Reqt�ired Testing. The Developer has not received any written
from any Cl�,�/, county, s�ate or federa.l governmental authority,
instrurnen�ality r�qairing any work or testing to be done on ar about the I
Property.
q. Disclyrsure. No representation or wa.nanty of Develvper in th2s A;
no statement can�v.ned in this Agreement or in any document delive
delivereti pursuant hereto coniains ar will cantais� an untrue statement of
or omits ar will omit eo s�ate any material fact aecessary tv make the state
-7-
or
nent and
or ta be
�rial fact
�ts here�n
1" � 1 `t
DEC- 2-94 FRI 11�1? WINTHROP & WEIKSTINE, PA FAX
or ther�in contained, in light of the circumstances under which made, not misleading;
it being understoad that as used in this subparagraph "material" means materiai to any
individual statement ar omissiort and ia the aggregate as to all state�nents and
amissions. All re�wres and investigatioas commissianed or athetwise received by the
Developer concerning the D�velopment Praperty aad reiating to IIazardous Materiais
have been disciased to the City.
r. �elian . T`he foregoing representations, wananties and covenants aze made by
Develaper with the knowledge and expectadon that the City is rel.ying thereon,
s. S rvival, Th,e foregoing r�presentations, warranties and covenants, together with
any and aIl other repr�sentations, wa.nanties and covenants contaiaed in this
Agreement, shall surrrive cons�mmatian of the transactions contemplated by this
Agreement.
ARTTCI.E EQ.
UNDERTAKTNGS 4F CITX AND DEVELUPER
Seciioa 3.1. Lirnited Revenue Tax Increment �Iote. Upon the issuance by the City of the
Certificate of Campletion, che City shall make and de3iver the Note to the T>eveloper, Developer
hereby acknowiedges that the sole sautce of mon�ys to make payments on the Nate is the T�
Increment derived fram the Development Property, and that any number of events may occur
ia the future which would have a material, adverse unpact on the paymeat by the City of the
aznounts set forth in the I+tote.
a. A�s�'gnment of Nate � D,gvei,Q,per, The City heret�y consents to the Assignment
of the Note to the Lessee on or after the Conveyance Date {the "Assig�ument Data").
The City shall not be abligated ta make payments on the Note until af'ter the
assignment of the Nate to the Lessee.
b. Limited to Available Tax IncremenE. The City's abliga�ion ta make payments
on the Note {"Scheduled Payments"} shall be limited to the aggregate amonni� of Tax
Increment which the City has r�eeeived from the Couuty, Iess all prior Schedu�ed
Fayments ("Avaitable Ta�t L�crement°).
c. DeIinauenE Taxes. In the event
s1���-t$-�}-�� � of an ai�re of payment of > the real property iaxes assesseti
and payable against the Development Progerty an or befbre the doe date for such ta�ces
prescrit�ed in Minne�sota Statutes, Section 277.01 {"Delinquent Taac"), the City shall be
forever relieved af its c�bligation to make the next Schedule�t Payment under aad
pursuant to the Note {"Farfeit�d Payment"). The amouat of Tax Iner�ment attributable
to the Forfeited Payment sha11 be includab�e in the determinatian af Avaitable T�
Inctement wieh resgect to Scheduled Payments other than the Forfeit�ci Payment anty
in the event that {i) the Delinquent T,aac is remitied ta th� Caunty, tagether with any
apglicabie penalty or interest charges, az;d (u) all other Delinquent Ta�c payments are
brought current. Thereafter, a11 Scheduled Payments (other than the Farfaited Payment)
�
pEC- 2-94 FRI 11;18 WINTHROP & WEINSTINE, PA FAX N0. 6i22929347
r, i�
shall be paid in accordance with. the terms and conditions of the N�Pte and of ttus
Agreement. The City shall aor be obligated to make Scheduled Payments un%ss and
unti.I all taxes are paid in full and cwre�t, together with any interes� and penalties
attributabl.e thereio.
d. Cessation af Obligatio„� U�an Transfer. The City shall forever) be relieved of
its obligation tar make Scheduled Payments under the Note in the event -E-��-� of any
7raasfer of the Drevelopment Property {other thart a Permitied Transfer�.
e. Represent.atian c+f, Develaper Rega�rdir�, Note. Develoger here6y warrants,
represents and covenan�s, with r�espect to t�ie Note, as follows: �
(1} $xcept for ,r�p�sentations of the City in Sectian 2,1 (Representations by
tt►e City) hereaf, Developer has not relied on any representations o�f the City, ar
any of its o�cers, agents, or employees, and has not relied oa y opuuon of
any attarney af the City, as to t%e Fed�ral, Srate ar local income t�
consequences relatiag to tbis �►greement, in generat, or ti�e Note, i� particulac,
(2) Develaper is sufficiently k~nowledgeable and experienced i.n
business matiers to be able to evatuate the benefits and risks of i
provided by the City under this Agreement, I)eveioper has r
oppattuaity to coaduct any due diligence required, in the judgement
and its counsal, in eonnectian with the transactions contempiated 1
(3} Developer ackaawledges that the Tax Increment is the solf
maneys pledged f�r payments due under the Nate; thai the City is n
ta satisfy the Note with other moneys under any ci�umstances what
the Nate is not a general obligatian of the Sta�e or the City; and that,
Ta�c Increm�nt is nat sufficient to make the payments due under tf
right will exist to have taxes levie@ by the City or the Sta#e far the
any such amounts.
�ancial and
assistance
sufficient
Dev�laper
source of
obligated
�ever; that
' available
Note, no
ay�nent of
(4} Develaper acknowledges tt�t the Not� is not registeret3 or otherwise
qualified far sate under applicable State or Federal securities taws; t the Note
is nat listed on an.p seock or other securities exchange; that the Note is not rated;
and that any T�ausfer of the Development Property (other than a Petmitted
Transfer} will cause the City's obligatians under the Note ta cease.
(5) Develaper regresents, warrants ana covenants that, except far an
of the Note ta the Lesse�, Developer i.s acquiring the Note for its awc
and with na present intention of sell'vtg, hypothecating, or transferring
Section 3.Z'. Pl,�ce of Dacument Exec�Ztic�n, Delivery, and Recordin� . Unless
mutua�Iy a�reed by the City and #he Developer, ihe execution and deliv�ry of all doc�
payment of any aznaunts due hereunder shall be made at the offices of the City.
�
� transfer
purposes
he Note.
and
DEC- 2-94 FRi 11�18 WINTHROP & WEINSTINE, PA FAX NO 61
r� io
Section 3.3. �teimbursabte Costs.
a. �hase I Cost�. Upon issuaace of the Certificate of Completion of Phase I by the
City, the City shali reimburse the L�eveloper for the Iesser of (a) actual amount af
Reimbursable Costs {as set forth an Exhibi.t C actually incarred by the Developer in
canrrec�ion with the Pr�oject and (6) the sum of Four Handr�i Siucty Five Thausand and
001i00 Dollars ($465,000,00). Such reimbursem�nt shall be payable by execution and
delivery of the Note in such amount, Tiie Ueveioper agrees ta deliver to the City, in
connection wiih issuance of the Certi�icate of Campletiort, a certificate, in. form and
substance acceptable to the City, acknowledgiag arid warrandng the actual arnount of
Reimbarsable Costs incurred in connection with campletion af the P%�ect.
b. Phase II Gosts. Upon issuance af the Certificaie of Campledoz� af Phase II by
the City, t�e City shall reim6urse tite Developer for the Iesser of {a) actuaI amvant of
Reimbursable Costs {as set farth on xhibi C) actually incun�ed by the Developer in
connectian with the Pmject {1�ss the amc�unt of costs previous2y reimbursed by th+� City
pursuant to Secdon 3.3(a) (Phase I Costs}, and (6) the sum of 1�iro Hundred T'hirty Six
Tt�ousand and 00/lOQ Dollars ($23b,000,00), Such xeimbursement shall be payable by
execution and deIivery of an instrument simitar to the Note. The Developer agrees to
deliver to the �ity, in cannectiun with issuance of the Certificate of Completian, a
certificate, in farm and s�abstance acceptable to the City, acknowled,�ing and warianting
the actual amount af Reunbursable Costs incurmd in cannectioa with the Praject,
Sectian 3.4. P�bt�c Cos�.s, 1'he City and the Developer hereby stipulate and agrce that t�e
assistance provided pursuant to this Agreement is intended to pay the Reimbursable Casts (or
portions ther+eof} listed an Exh2'bit C attached hereta, and that such assistance is in fi�riherance
af the pcfirrpt>ses af the Developm�nt P1an, the Act, the Tax Increment Act, andlar necessitated
by the unique characterisiics of the Developmeat Property, i�s proximity ta the MixuieapolislSt.
Faul Internatiana� Airport, andlor tbe topography of the Development Property site.
Section 3.5. �anditions to Cii�,s Reimbursement Qbligatian. Irt conn�ction with delivery
af the Certificate of Completian and performance by the City with respect to its other obligations
pursuant ta this Agreement, and as a condition precedent thereto, the City may, in its soie
discretion, require the Developer to (i) submit evidence of campliance by the Developar with
the terms and conditions of this Agreernent, and (ii) provide an opinion of co�nsel acceptable
ta the City that the financial assistance provided hereunder is a permissible expenditur� af fiinds
pursuant to the Act and the Tax Tncrement Act.
ARTICLE 1V.
� � � ! �+�.s._ a �.�" � z.0 �
Section 4.1. Conskruction af Minimum Imnrovem„gnis. The Developer agrees that it wili
eonstzuct �GPhase I of> the Minimum Improvements on the Develapment Froperty in
accordance with the appmved Preliminary Development Plan. <D�veIonmeni and
eon tru ian of Phas II halt be ond cte b the L+ess or iis en an ee ShaIl be
�tnsidered as and have a!1 af the duti� and obli�at�',ans of th,g Developer with respect tc�
Ph,gse II The t�arties hereio ackaowled�e that neither Devetoner nor L�see shatl be
�
DEC- 2-94 FRI 11�19 WINTHROP & WEINSTINE, PA �AX N0. 612292934t
Saction 4.2, Prgl�.,�minary DevelQpment Pian. Prior to commencement of cc
Minime�m Impravements, the Developer shall submit the Preliminazy Deve%p
City far appmval. The preliminary Develapment P1an shall be coasistent in
any descriptron of the Praject provided tc� the Council by the DeveIaper in cor
Developer's requ�st for assistance pmvided pursuant to this Agreement, The
th� Prelirninaxy Develapment Plan, or request changes thereta, in its
t� n.5
r. i �
ructi.on of the
�t Plan to tl�e
respects with
;tion with the
ty may reject
e discretian,
a. Appr�c val of Prelirr�' ary Deveia�►ment Plan. The City's � perfarmaace
hereunder is canditioned upon and subject in its entirety,to its review an�i approval of
the Preliminary Deve2opment PIan, and upan campliance by the Developer with all
appiicable Iaws and satisfactian af all City requirements (including ! lanning and
2oning, buildir►g codes, etc.) for pmjects of this �ature. �
b. Chan�es in Plans. If the DevaIoper desires to make any maieriat c
Preliminazy Develapment Plaa, the Developer shall submit the propased �
City for its appravai. The Developer acknowledges tbat upon entering thi.
the Ciiy in no way waives its right of iinal approval vf materials and
requir+eid herein, including, but not Iimited to, fu�a1 Constructivn PIans,
expressly reserves �ts right to dany approval af any pIans and pemut
D�vetoper fail ta pr�aceed in accvrdance with this Agreement andlor fail t
total. cornpliance with the obligations herein and the requirements of the C
Ordinance and City's Subdivision Ordinance and ather applicable Cit
ordinances affecting the Construction Pla.ns ancVor the I�evelopment Pro�
hange in the
hange to the
Agreemeni,
c. �ffect of Citv Apnrnvai. Except a,s spec�qlly pmvided in writing
os any department or official thereaf far the specific, limited purpase of s�
the approval of the Preliminary Development Ptan (or any amendments the
City or the Council s�all not constitute a representa�.oa or warranty that
the Mitimum impmvements, or the Development Property comply with an,
building cade, h�th or safety regulation, environmental law, or of
regutation, or that the M�nimum Improvements will meet the qnalifications
of a certificate af accupancy. Appmvat of the Develaper's plans by the
department vr official thereof shall not constitute a waiver by the City of a
Uefault occurring hereuader,
Sectiqa 4.3. Gamaletion a£ �onstruction. Sobject to Unavoidable Delays, the
shall achieve final compledan of the constnaction of <Phase Y of> the Minimum Im�
on or befare ()ctober 31, 1996, eNeither Less�e nar Dev_gToper shall be ol
-11-
Yd the City
should the
perform in
y's Zoning
codes and
�y the City
h writing,
;to) by the
�ch plans,
applicab2e
:r la.w or
�r issuance
�ity or any
� Event vf
i � iv
DEC- 2-94 FRI 11�2Q GIINTHROP & WEINSTINE, PA A
of as�is�anc+e provided in Seciion 3.3tb'} in connettion with Phase II may he r+�duced„�uQ to
the exgiratian o� the Tax Increm�nt Di�ir3ci > AI! work with respect to the Minimum
Impmvements to 6e constructe�d or provideci < w'tj� r�ep�t to > the
Development Property shall be dane in a good and workmanlilce manner with quality materials
and in strict compliance with the Pteliminary Development Pian as -�.�te�-��-�te
�,eg�.�-�- apprpved by the City. Developer hereby g�tants the City reasonable access to
the Development Pmperty and the hlinimum Impravements for purpose of inspections permitted
or required pursuant to this Agreement.
The Develaper agrees far itseif, its successors and assigns, and every suc�essor in interest to the
Development Prop�rty, or any pari ihereof, that the Z7evelaper, and such successors and assigns,
sha11 dilig�ntly prosecute to complet�on the development o€ the I)evelapment Pmperty through
the construction af t�'h,�se I of> the Minimum Impravements them,.on, and thai such
canstructioa shall in any event be compieted within the period specified in this section. During
constructian � af P�h� of the Minimum Irnpravements, the Developer shall make reports,
in sach detail. and at such times as may reasanably be requested hy the City, as to the actual
pro�ress af the Developer with respect to such constr�etion. � This p$ra�ragh shall apply t�
�.eg.see in he sase of Ph$se II. >
Section 4.4. �ez�.fi,c.�te c,�C,Qmg�etran.
a. Ceriif rate af Citv. The Developer <,�vith r�pe�t to Phase b, and the I.essee
{wiEh resr�ect to Phase TIIl > will notify the City when construction of the M'uumum
Improvements has been comple�ecI. The City shall have the right, bue nat rhe
obligatian, ta ir�spect the Uevelapmeat Property anc�/ar the Minimum Improvements
upon notice of completzon ftom the Deveiaper e(ar ihe Lessee, aiih respect to
Phase I� >. Pmmptty after fmal complerion of th� Minimum Improvemen�s in
accordance with the terms her�of (iucIuding the date for completion thereo�, and after
the C�ty's inspection of such pzoperty, if any, the City will furnish the Develaper � or
Eh� L�ssees with re�pect to P"hase II) > with an appmpriate instrument so certifying
(the "Certificate af Campletion") � Such certification by the City shall be {and it shall
he so provided in the c�rtiFication itsetf�, absent Iatent error or defect, a determination
of satisfactian of the agreements and covenants in the Agra�ement with respeet to the
obligations of the Developer <(�,r the Lessee� with ,�s�ect ta Phase IIl > to
cvnstruct the Mi.nimum Irnprovements, Issuaace �f a certificate of occupancy by the
City with. respect to the Muumum Impravements shall be evidence of complezion of
constzuction of the Minimum Improvements {but shall not be cvnclusive evidence of
Developer's ec�mpliance with its obliga�ions hereunder). Delivery of the Gertifieate of
Complet�on shall not constituie a representa�ion or wat�anty by the City that the
Develapment Property or the Minimum Improvements comply with any applicable
building code, health or safeiy regulation, zoning regulation, environmental taw, that
the Mitumuin Improvements will qualify for a certificate of occupancy, or that the
Minimum Tmprovements will meet the requi.rements af Developer or any other user af
the Miaimum Improvements,
b. �Totice af Defects. If the City shall rsfuse or otherwise be unable tv pravide the
Certificate of Completion in accardance with tha pravisions of this sectian, the eity
-12-
DEC- 2-94 FRI 11�21 WINTNROP & WEIN5TINE, PA FAX N0. 6122929347
r, i �
shall, withia ten (10} days a1�er writ�en sequest by the Developer ��ar the Lessee,
with respect �o Phase ID >, provide the Developer with a written statement, indicat.i.ng
in adeqc�ate d�ai't in what respects the Deveioper has faited to complet� the Minimum
Improvements in accardance with the pmvisions of the Agreement, or �is otherwisa in
default, an.d what measures or acis will 6�e aecessat�r, in the opinion of the Gity, for
the Developer to take or pezfarm in order ta obtain such certificaation. �
Section 4.5. �.d,�Iitional R,gsP4nsi.�1 il�ies af�evelo,�er.
a. Maietenance of Pablic Easem�n�s. The I3evelaper will not canstiuct any
building, structure, or improvement on, over, or within the baundarSi lines af any
public utility easement unless such constniction is pmvided for in such ea ement ar has
been approved by the udlity involved.
b. �,Ttilitv IaStallation. Developer shall be responsibie for th� fu � and prompt
payment of aI1 utility access chazges with �spect to the Minirnum provem.ents
(including SAC and WAC). Developer shall further bear the cost of the location of
any exxsting public or private utiti�s which may bs causeti or necess tated by the
construction of the Minimum Impmvemeats.
c. Re�air of Public Facilities. Developer shall, at its sole cost
replace any pnblic facilitics or public utilities damaged ia cannec
cansttucdon of the M%nimum Improvements in accardance with
specificauons, standazds and practices af the awner thereceof.
+�evetug,ment atttl cQns�ruc�ion of Pha�e II af the�Vli�nimu.m �mpravements. >
AkTICLE Y.
i '
Section 5.1. A�aring Develonm�nt. The Develvper <,�ia the se of P,�,.aa�� � or
�n ihe ,�se oi Ph�se Il) > shall pzuvide aad maintain. at all times during the
constructing the M�nimum impmvements for tha benefie af the Develaper and the Cit
time % time at the r�quest of the City, furnish the City with gmaf of payment of pr
expease,
with the
techt�icai
ess of
, fram
ns an:
a. Buiider's Risk. $Uilder's risk insurance, written on the sa-called "Buil�er's Risk
•- Completed Value Basis," in aa amount ecrual to one hunQred geresnt (IOC�°�) of the
replacernent value of the Miiumum Improvements as of the date of compt�tion, and
with coverage available in nonreparting farm an the so-called "all risk" form of policy,
b. t=enerai L�ab�litv. Comprehensive generat liability insurar�ce (including liability
arising fmm operations, contingent liabitity, operatians of subcontractors, c"ompteted
opera�ioas and contractual Iiability insurance� together aith an '�-
<Owner's> Contractor's Po2icy with limi�s against badil.y injury and rope.rty
.�3_
DEC- 2-94 FRI 11:22 WINTHKOP & WEINSTINE� PA rflx �u oic���J���
damage af not Iess than $2,000,000 for each pccurrence {�a accomplish ehe
above-req�ired limits, an umbre2la excess liability policy n�ay be used).
c. Wurker's C�„m�encahoa. Worker's compensation insurance, with staiutory
caverage.
<Th r uicemenis f this ian hall a saie to he 'n connect3 n with the
deveIo,pmgnt an,�I constructian a£ Pha�g lI of the 1Viinimum Impravements. >
Section S.2. Qth�r Terms. A11 insurance r+�quireti pursuant to this Article shall be taken oat
and maintained with insurance companies masonably acc�gtable to the City and authorized under
the laws of the State to assume the risks covere� thereby. The Deveioper wiU deliver to the
City policies evidencing all such insarance, or a certificate or certificates or 6inders af the
respective insurers statiag t%at such ins�.rance is in full farce and effect. � The reaue�ements
th` ian h 11 l s le3 t th +e� in connectioa wi�h ih d vel ment ant�
constructian of Phase II Q,f the �imum I,�nprovements. >
ARTICLE VI.
�'R(��il"BITIONS AGAIlYST AS�IGN1t�NC ANLI 1�RANSFER
Section 6.1. Id�nt,'�,�v �f Devetapgr. The Developer recc�gnizes that, in view of (a) the
importance of the develapment o� the T�►evelopment Property to the general welfare of the City
and (b) the sabstantial financing and other public aids that have been made available by the City
for the purpose of making sach deve2opment gossib�e, the qualifications and identity of the
Developer and Lessee aze of particul.ax c�ncern to the community and the City, The Devetoper
futther mcagnizes that it is because of such qualificati�ns and identity that the City is ent�ring
inia the Agre�ment with the l�evelc�per, and, in sv doing, is further willing t� accepe and re1y
on the abligations af thc Develaper far the faithful perforcnance of all undertakings and
covenants hereby by the Developer to be performed.
5ertion 6.2. I.imitation� gn Tran�fer. Fxcept as specifically provided in this Agreement,
Deveiaper shall nat seu, assign, convey, lease Or transfer {i) th�is Agreement, (ii) the
Development Frogerty, or {ui} the Minimum Improvemen�s, without the prior wriiten consent
of the Ci�y, wbich consent shall spec�cally refenence this provision, The Deveiaper may, after
eompletion of construction of <Pha�e Y of> the Minimum Improvements, convey possession
of the Development Pmperty to the L�ssee, The parties hereto acknowlectge that the Deveioper
intends to sell the Development Pmperty after the Canveyance Date, and the City agrees to
consent to such transfer, provided that �{�}-�- Lesse� at all times remains as the snle occapant
and lessee af the Development Praperty and the Mini.mum improvements-�-,--��}�
, . �
, �
.
� •
Sectiaa 6.3. Conse�puence„� of Transf�r. Far the reasans state�i in Section 6.1 (Identity of
Developer} hereof, the Developer represen�s and agrees that;
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DEC- 2-94 FRI 11�23 WINTNROA & WEINSTINE� PA FAX �0. 6122929347
a. Na Tr,�p.Sfer,�. P,�ccept for Pernutted Transfers, ot by way of ,
only for, ths purpase of vbtaining financing to assist or enable t�
perform its obligations with respect to constntc#ing th� Minimum Tmp�
the Agreement, and any otherpc�rpose authoiized by the Agreement, th
nOt rElade or Ct�t�tt1, and will not make ar create or suffer to be made �
to the Conveyance Date, any Transfer of the Development Property or
or any interest there' ,
with resgect to -��-�e�►- I.esse�).
r. c i
�urity for, and
Developer to
vements under
Developer has
created, prior
1y part thereof
� (except
b. Canseauences of Transfer. No tzansfer of the Davelopment l
operate, tegally or practically, ta deprive ar limit t�►e City of or with �
rights or remedies or cantrots provided in or resulting frorn the Agreeme�
ta the Devel.opment Property ax:d the construction of the Miniruum Imp
the City would have had, had there been aa such txansfer or change
provided in a signed wridng with specif'ic reference ta this section b,3,
the Development Ptoperty by the Deveioper shall be deemed to relieve ti
or any other pazty bound in any way by ihe Agreement or otherwise with
consttuction of the Minimum Improvements, fmm any of its obligation;
thereto or fmm any of its other obligations Under this Agreement.
roperty shall
spect to any
with respect
vemeats that
Except as
a tcarisfer of
: Deveioger,
espect to the
with respect
c. Assi�nment of No,�e bv Dgvelo�er. The +City hereby consents io th'
of the Note to the Lessee on or after the Conveyance Uate (the "Assi,�nzi
1`he City sball not be obligated to make payments on the Note un��
Assignment Date. The City may cunditian any assignment of the Note t�
upon the assump�ion by the Lessee vf all af Developer's o6ligatians under �
to th%s Agr�ecement, pnrsuant ta a writing ar.ceptable to the City. Except as1
such agreement, any such assumption shall in no manaer relieve the D�v�
obligations hereunder or deprive the City af any rights it wauld have
Developer in the absence of such assumption or transfer,
tl. Cess�tian af Citv Ubli�afions Under N�ie, Any Transfer of the L
Property, �ather than a Parmitted Transfer, the Iease af the Development
the Lessee, or a transfer consen�ed tQ by the City in writing pursuant to
shall relieve the City of any and all obligations under the Note,
e. �1a Re�. tric�ion on Sat�. Nothing in this Section shall constitute a
alienatiaa or prohibition with respe�t ta the convayance of the Developme
Assignment
�ent Date").
i1 after the
� the Lessee
nd pvrsuant
pmvlded in
:Ioper af its
against the
P��Y �
sec�ian,
straynt on
Pmperty.
Secfion 6.4. Permit�ed Financin�s. Nothing herein shall prahibit or prevent ehe DevEloper
or Lessee from encumbering the Develagment Property in ozder to obtain suitable, bona fzde
fivancitig in connection with the develapment, constructioa, ownership, exgansion or storation
af the DeveIopment Prrrperty or the Minimum Improvements.
Sectian 6.5. 2�to Assi�r�ment. Excepi as provided 'zn this Article, this Agreeme t and the
righis, duties and obligations of the Developer hereander shall not be assigned, co veyed, or
transferred, and any purporied tran.sfer in vialation of this pmvision shall b� null, vo�'d, and of
n�a effect. �
-i5-
j � LL
DEC- 2-94 FRI 11:23 WIKTNROP & WEIKS"TIHE, PA A
ARTICLE YII.
EVEN'TS OF DEFA, T�LT; RF�I?TES
Section ?:l. Event of D,�. efauti. The term "Event of Defau�t" shall mean, whenaver it is used
in ctus Agreement (uniess the caniext otheswise provxdes):
s. Failure af T`ime� Completic�n. Failnre by the Develop�r to complete the
Development Pmperty oa or before the date sgecifse� ia Section 4.3 (Comp�etion of
Const�uctian) in conformance with the t�rms, COi1C�.ttiQIIS, and limitations of t2us
Agreement;
b. Br�ach of DeveIon,�r Clbli�at�ons. Fai�ure by the Develaper to observe or
perfarm any cavenant, condition, obligatian, or agreement on its part ta be observed
or performed under this Agreement and the continuance of such failure for thirty �30�
days after writ�en notice therec�f from the City; or
c. �ankr�pt,�y g� beveiooer, A petit�on af, or clai�m for relief in, bankruptcy or
insolvency i.s f�1ed pursuant ta any current or future ba.nkruptcy ar insolvency laws
naming the Developer as debtor, and such petidan is not dismissed within ninety {90)
days af the date of filing thereof.
Section 7.Z. Reme�ies on D►efault. Whenever any fiv�nt of Default occurs, in additian to all
other remedies availabl� to the City at iaw or in equity cr elsewhere in this Agreement, the City
may take any one or more of the followir�g actians:
s, Cec�if�cate of ComDtetion, The City may withhald the Cert�cate of
Completion.
b. S�zspgnsioay►f Performance. The City may suspend its performa�ce under this
Agreement, including any obligation to deliver or make payments on t6e Note, unul
it raceives adet�uate assurances fmm Developer that Developer will cure the Event af
I�fault and themafitter remain in compliance aith i�s obligations under t.�is Agre�ment
and all related or collaterat agreements with the City.
a T�rm�nation of A�ngemeni, The Ci�y may terminate this Agreem�nt, cease any
and all performance under thi.s Agreement, and pursue a11 available remedies,
d. �uit for Dama.�. The City may initiate an action seeking damages or ar�y other
reliaf available at Iaw or in equlty, other than and except for the remedy of specific
p�rformance.
Sectiun 7.3. �1'o Remedv Exciusive. No remedy herein confeFred upon or reserved ta the
parties is intended to be exclusive of any other available remedy or remedies, bnt each and every
such remecty shall be cumuta�ive and shall be in additioa to every other remedy given under this
Agreement, whather naw or her�after exi.sting at Iaw or in equity or by statute. No delay o�
omissian to exercise any righi or power accruing upon any defauit shall impair any siich righi
-16-
DEC- 2-94 FRi 11;24 WiNTHROP & WEINSTINE, PA FAX �0. 612292834�
or pawer or shall b� cvnstrued to be a waiver thereof, but any such right and�power may be
exercisec3 from time to time and as often as may be deemed expedieat. In ord r to entitle the
paurties to exercise any remedy resezved to them, it sha11 aat 6e necessary io gi�e natice, ather
than such notice as may b� r�quired by this Artide VII. �
Ser,�ion 7.4. No Add`etio�,tal Waiver Imnlied bv 4ne Waiver. In the event �ny agreement
contained in this Agreement should be breached by either pazty and thereafter �vaived by the
other party, such waiver shall be Iimited to the particuiar breach so waived an shall nat be
deemed to waive any other concurreni, pr�vious or subseqaent breach her�unde .
ARTICLE VIII.
ADDI'.�IONAL PRQVISIbNS
SeCtion 8.i. Canflit� o� Interes ; Gitv Re,pr+�entatives Noi Individuaitv ]
member, o�cial, or emptayee of the City shall have any personal interest, direc�
in the Agreement, nor sha�l any such member, officiai, ar employee pazticipate in)
relating to the Agreement wltich affects his personal iatensts or the iaterests of any
parinership, association or other entity ia which he is, direcily or indirectly, u�t
member, afficial, agent, or employee of the City sitall be gezsonally liable to the i
any successor in inierest, in the event of any default or breach by the City or for
wluch may i�com� due to the Developer or successor ar on any obligatians under
the Agreement, except in the case af willfuI misconduct.
Section $.Z. �1'on-DiscriminaiiQn. Dt�ring the term of tbis Agreament, or sucb
prior to the date that the Nate is paid, discharged, and sazisfied in full, neither th
nor the Lessee shall di�criminate upon the basis qf race, cotor, cree�t, sex,
preference, age, teligion ar natioaal origin in the sa1e, Iease, or rental. or in
accupancy of the Develapment Property or the Mir�imum Impravements erectsd or �
therean, or azty part ther�of. The provisio�ns of Minnesora Sratures Sec�ion 181.5�,
to civil rights and non-discrimina,tion, are ttareby adapted aad incarporateti as
Agreement as if fully set forth hereia.
;ia le. Nt�
: or ind'u•ect,
aay decisian
co�mration,
�rested, Na
'evelaper, or
any amount
the terms of
Section 8.3. Et�ual Emalgyment Op on rtunity. Developer agrees, for itself and
that during canstruction of the Mirtimum Improvements;
a, Ema� 1nve�. Developer will nat discriminate aga�nst any eniplayee s
for employment because of race, coiar, creed, religion, ancestry, gender, �
grefsrence, disability, age, mati�at s'tatus, status with regard to public as
natianal origin (each such staius is referred to hereinaft.er as a"Protect
Developer shall fvrther abide by aQ ather applicable federal, state and
regarding equai emplayment apportunity.
�ter periad
Developer
�,e use or
� be erected
uhich relate
�azt af this
,
assigns,
agpIicant
ance, or
Class"}.
�ai laws
b. Advertisin�. Developer wi1�, in all solicitations or advertisements far g' mployees
placed by ar on behatf of Develaper, state that all qaalified applicants w�.l[ s�ceive
coasideratian for ernpIoyment without regard to membership in any Protect�d Class.
-17-
DEG- 2-94 FRI 11,25 WI�THROP & WEINSTINE, PA FAX NU, at�c�c���!
c. ontr ct�. Developer will include the provisions of this Sectian 8.3 in every
cantiact, subcontract and purchase order, sa that such gmvisions will be binding upon
each s�ch contractor, svbcontzactor, or vendor, as the cass may �. Developer will
take such actioa with respect tp any contract, s�bcoatract or purchase axder as the City
may direct or advise as a means of enfor�cing such pravisions, includi�g sanctions for
nan-compliance.
Section 8.4, Pravisigns No�„�ier��d Witi� D�ed.. Nane of the prov�sions of this Agre�ement
aze intended to or shall be merged by reason of any de�i tra�nsfening any interest in the
Development Pragerty and any such deeci shall not be deemed to affect or impair the pmvisions
and eovenants of this Agreemeat,
Sectian $.5. Title� af Articles and Seetians. Any titles, headings, or captians of the severat
parts, articles, and secdans of the Ag�reement are inserted for convenience of xeference onty and
shall be disr�garded in canstn�ing or intergaret�g any af its provisions.
Section 8.6. Notices and Demands. Except as otherwise e�ressly provided in this
Agr+eement, a notice, demaad, or other communication under the Agre,ement by any party to any
ather party shall be sufficienkty given or delivered if it is dispatched by� registered or certified
mai1, pastage pr�paid, return receipt requested, or delivered persoaally; and
a. ev la er. In the case of the Develaper, is addressed ta or deliver�l personally
to the I7�veloper at:
United Properties Corparation
3500 West 84th Street, Sui#e 100
Bloomxngton, Minnesota SS431
Attn: Date J< Giowa
b. Cit�, Ia the case of the City, is address�d to or delivered p�rsonally ta the City
at:
City of Mendata Heights
IIQI Victoria Curve
Mendota. Heights, Mannesata 55128
Attn: City Administrataz
or at such other address as the City may, from time to time designate in writing and farward to
the Developer and the Lessee.
Section 8.7, Indemnificati�on. The Deve%per shall caoperate with the City with respect to
any litigatian cammenceti with respect to the Development Pian or the Pmject, Exeept far any
wil[fui or wantan miscanduct af the City, its employees, Counc3t members, officers or
ernplayees, the Develaper shall save, hald harmless, and indemaify the City from and aga%nst
any and all co�ts, including reasonable costs of defense incun�d b� the City thraugh an attomey
af its chaosing, w�th respect to any litiga�ian in cannection with #he Praject or this Agmement.
-18-
DEC- 2-94 FRI 11�26 WIN�HRQP & WEINSTINE, PA FAX �0. 6122929347
a. Reiease of Citv. Deve2oper agrees, that ar�ythittg to the c
notwithsta.nrling, the City and 'zts agents, offic�rs, Cauncil membars,
shali nat be liable or �nsible in any manner t�a tbe Developer, t
contract,ars, suppliers, vendars, material men, Iaborers, �ienors, martg�
ather person or persoas whomsoever, for any c]aim, demand, damage,
any kind or chazacter arising aut of ar by reasan of the execution of t;
the traansactions contempiated hereby, the acqu�sition, canstructio;
awnership or aperatian of the Project, the Minimum Improveme;
Development Praperty.
b. Indem�nifica�ian of Citv, The Develaper shali indemnify, s;
harmless the City from and against any and all claims, demands, acrion
actian {inclttding specifically, bat withaut Iimiting the generatity af the
costs of defending the same, costs and expenses for City administrative ti
costs of engine�ring and planning senrices, costs af all iegal services re
aut-of-pocket expenses incurrea in connection with dafending such claim.
paid as damages ar in setttement or compromise of any such acti.on or �
may be btought against the City for act� or omissions in any way
constructian, operation or financing of the Muiimum Impmvement
Develapment Propetty, iacluding specifically, but without limita�ion of
af the foregoing, any claims bmught by I,essee, but excIading any costs
the fault of the City,
r� c�
trary hezein
� employees
llevelaper's
�s, or to any
�t, ar loss of
Agre�ment,
instaltation,
and/or the
�e and hold
or causes of
iregoing, the
�e and Iabar,
3ered, direct
and amounts
oceeding} as
;lated to the
ancilor the
e generality
_ ' ing ot�t of
c. Reim�pr�ement of Costs. Develaper shall reimburse the City for any and all
costs and expeases, inCluding with0ut IimitatiOn, attarneys' fees, paid or cuned by
the City in eonnection with or relating to enfareiag perfar�mance of or seeking
damages for Developer's failure ta perform} any covenant or obligatioa o Develvper
under tlus Agreement.
d. Haz,�rdous Was,��indernnitv, The indemnificatian abligation of Dev�toper shall
inciude, withovt Iimitatian, any liability, damages, cla�ms or casts incurred �or assesied
against the City relating to the alleged presence or release of ha�utio�s or taxic
substances on, under or about the Develapment Pmgerty.
e. Tax Incrameni indemniiv. Developer sha11 further save, indemnif and hold
hanm�less the City fram and ag,�inst any and all costs, damages, lia'bilities or
expenditures incurred by the City pursuant ta Minnesota Sratutes Secrion M�469,1771,
subd, 3, as a result af the assistance provided to the Developer and the Lessee pursuant
io ehis Agteement, I
Section S.$. Cavenants af P'rincivat, All cavenants, sfipulations, pmmises, ag:
abliga�ions of the City contained herein sha11 be deemed to be the covenants,
promises, agreements and obligations of tlte City and not of ariy Council member, a
servant, employee, indep�ndent contractor, cansulta.nE andtar Iega1 counsel o€ the
•19-
► and
, agene,
DEC- 2-94 FRI 11�26 WI�THROP & WEI�STIK�, PA FAX �0, 612292934�
r ca
Sectian 8.9. Governin�. The parki.es agtee that this Agxeement shaIl be governed attd
consttued in accorda.nce with the Iaws of the State of �i'innesata and acknawledge that this
Agreement is the type af agreement described in Minnesnta Statutes, Section 469.1?6, snbd. S.
Se�tion $.28. Time is o ihe Essence. Time shall be of the esseace of this Agreement.
Section 8.11. Cc�unterparts. This Agreemet�t is executed in any number of caunterparts, each
of which shall be an origiaai, but all aF which shall canstitute ane and the same instrument,
Section 8.I2. �nterpre�atxo� and�SeverabirL;#y. If any one or mor+e of the provisions,
senteaces, phrases or words of this Agr�ement or any appticatian triereof shall be hela or
determined to be invalid, illegal, or unenforc�able in any respect, the validity, Iegality, and
enfarc�ability of the remai�ning pmvisions, sentenc�s, phrases or wards of this Agreement and
any ather application thereof shall in na way be affected or impaired aad shall remain� ia full
force aad effect.
Section $.13. S��sars and�. This Agreement is binding on and ir�ares to the benefit
of the heirs, successors and assigns of the parties hereta, provided, however, that this Agreement
may not be assigned by any af the parties hereto except as specifically pmvided herein, Any
successor shall absalutely and uncoaditionalty assume all of the rights, duties and abligations of
their assignee hereundez.
Seciian 8.24. Madif catio»1Entire Agre�ment. This Agr�ement may not be altsred, mot3ifted
or amended except by an ynstrvment in writing signed by aIl of the parties hereto. N'a perscan,
whether ar not an afficer, agent, emptoyee or representative of any party, has made ar has any
authoriEy ta make for oz an behalf of that party any ag�reement, 'represe�tation, warranty,
statement, pmmise, arrangement t�r understanding nat expressly set forth in this Agm�ement or
in any other dacument execute�d by the parties concurareatly herewith ("Paxo2 Agreements°� .
Ti�is Agreement and all other dacuments executed by the parties concurrently hezewith constitute
the entire agreement between the parties and sugersede all eacpress or implied, priar ar
cancurrent, ParaZ Agr�ements antf prior written agreements with re��pecE to the subject matter
�ereof. The parties acknawledge that in entering into this Agreement, they have not r�lied and
will not in any way rely upon any Pazo1 Agreements.
IN WIT { S W�iE�REOF, ihe City has caused this Agreettient tt� be duly ex�cuted in its name
and behalf and its seal to be hereunta duiy affixed and the Developer has caused this Agreement
to ba duiy executed on ar as af the day and year flrst above written.
Attest.
Kathleen M. Swanson
THE CITY QF MENDOTA �iEIGHTS
By:
Cfaarles E. Mertensatto
Its Mayor
�
DEC- 2-94 FRI I1i27 WINTHROP & WEIN5TINE, PA FAX N0. 6122929347
Its City Glerk
Y7NITED PROPERTIES
a Minnesota. corporation
By;
ana $y :
z
t(Signature to Contract for F�riv�te Develapment
wi�h the Ciiy of Mendota Hei�hts.lVlinnesofa) >
S'IP;I36664-s'.�.� <�
-2 X-
P 27
DEC- 2-94 FRI
>
11�28
WINTHROP & WEINSTINE, PA FAX �0, 6122929347
EXF�BIT t�
I.ot 1, Biack 1, Mendo�a �%ights Business Pazk
Fifth Addi�ion, Dakota. County, Minnesota '
-za-
. .
.
DEC- 2-94 FRI 11�28 WINTHROP & WEINSTINE, PA FRX �i0, 6122929347
��iiI$TT B
, 199�
.�, �. s_�,
' � ii i �
! • � � f -
4� i •� i � • �'�
! ! . i � t ' �s..��� •
The City of Meadota Heights, Minnesota tthe "C{ty"}, hereby acknowledges itself
and, far vatua received, pramises to pay to the order af United Pmperties t
Minnesata. corporaiion (the "Devetoper"), saiely from the source, to the ext�
manner hereinafter pmvided, the principat amount af tivis Note, being $465,Q00 (
Amount"}, together with interest thereon accrued fmm __________,149_, at the �
of (,�„9b) per annum {the "Stated Rate"), an the dat�:s (the "Schedu:
set fo�#h oa Sched ,1e . This nate shall be payabie ia semianaual instaliments cc
________ _, 199 , and on the Ist day of ea,ch and ________ therea
3nciuding _� 20 .
P, 29
$45S,OQ0
be indetated
poration, a
and in the
: "Prirtcipal
; of irtterest
Pa.ym�rtt")
nencing on
e �nti1 and
Upon 30 days prior written nvtice from the City to the Deveioger, the Principa� Amaunt is
subject to prepayment at the aption of the City in whole or in part on �, 199_, and
on each 1 and 1 thereafter.
Ariy payments on this Note shaii be applie,d fust ta accnzed interest and then to trie Principal
Amoant in respect of which such payment is made. �
Each payment on this Note is paya�Ule in any coin or currertcy of the United States of America
which an the date of such payment is Iega1 tender for public an� pri�ate debts and shall. be m$de
by check or draft made payable to the Developer and mailed to the Developer a� its postal
address within ehe United States which sball be designated from time to time by the Developer.
Capitalized terms used and not defned herein shall have the meaning ascribed to
certain Contract for Private Development between the City and the De
"Agreemeni"}.
The i�lote is a special and limited obligatian and not a genetal. obligation of the City,
t�en issued by the City pursuant to and in f�ll canfonnity with the Constitution and :
State of Micnnesota, inciudi�g Minnesora Sratutes, Sectivn 469.178, Subdivision 4
financing a"project", as therein defined, of the Gity consisting generally of defray
public redevel�apment ct�sts incutYeci and to be incurred by the City within and for
of its Development District No. 1(the "Pragram").
THB i�I()TE IS NQT A GENE�2AL OBLIGA2TON 4F THE CITY QR OF THE
MINNP.SQTA (THE "STATB"), AND NEiTHER THE CITY, THE STATE
-23-
in that
r {the
rhich has
ws af the
to aid �n
g certain
�e bcnefit
'ATE fJF
)R ANY
t � vv
DEC- 2-94 FRI 11�29 WINTHROP &�IEIKS`TINE, PA
� ' � ' �` i' 'i : y • !" � t
:# ` i : •' .• t • : �. .: :! • �
�• •••• • • � 1�1' • 1 • : : 1 `� i M�!` `t
: •'
The Sched�Ied Payment of this Nate dne on any Scheduled Payment Date is payable salely from
and only to the extent that the City shall have received as af snch Scheduled Payment Dat�
sufficient °Available Ta�t Increment" as defined in the Agreement and further daFj.ned as tax
iacrement received as of a Scheduted Paymeat Date with respect to certain real property
described in the attached c� hedute 2(hereinafter referred to as �he "Deve2opment Frogerty"}
which real pmperty is located with in the City's Ta�c Increment Financing District Na. 1(the
"District'"}
The City shall pay on each Schedul.ed Payment Date to ths Devetoper ar ta the Lessee, the lesser
of {i) the Available Tax Increment and (u} the Scheduled Payment due hereoa on that date. To
the extent that on any Scheduled Paymeat Date the City is unable ta make the total Scheduled
payment due on such date as a r�sult of its having receive�i as +�f such date insu�cient Available
Tax Incr�ment, such faiture sha1l not eanstitute a default under this Note.
In the event thai tfi� City pays less than the amount of any Scheciuled Payment due to the Iack
of Available Ta�s Increment to pay the same, and in the further event that, as of a subse.quent
Scheduled Payment Date the Git}r has Avai�able Tax Tncr�ment fmru the pmperty in an amount
excee�iing the amau�t o€ the Scheauled Payment, t�e City shatl pay such excess Avaiiab2e Ta�c
Increment to the Develaper to the extent that prio� payrnents hereunder have been Iess thaa the
aggregate Scheduled Payments ther�c�fore due.
The City's obligation to make Schedc�led Payments under and pursicant to this Note is express2y
contingent upaa payment of the rea1. property t,aaces assessed and payable against the
Developmeni Froperty on or before the due cla�te far such ta�ces prescribeci in Minnesota
Statutes, Section 277,p1. Upon any fai2ure af the Developer to make such tunely payment, the
City shaII forever be relieved af its obligadon to make the next Scheduled Payment immediately
follawing such delinquency. In the event tbat such payment is rnade at%� the due date for stich
payment, the amo�nt of Tax �ncrement attributable ta such Iate payment shall nevertheIess be
inel�dabte in the determination of Availa6le Tax increment, except with respect to the farfeited
Schedul�3 Payment as set forth in this paragraph.
The City may offset against any payments due under this Note the amount of any and a�t casts,
damages, liabilities ar expenditures incurred or suffaxed by the City in the event that local
government aid, homestead and agricultural credit aid or other aids or paym�nts to the City from
the State af Minnesota are reduced under Minnesata Statutes, Section 273.1399 or other 1aw on
aecount of the assistance pmvided pursuant to the Agreement or payable pursuant to this NQte.
The City's abligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon continuing occupaney of the Development Pmparty as provided in, and subject
to the tetms of, the Agreement. Any rights of any assignee af this Nate by reason of a
permitted transfer by the Devel.oper aze derivative fmm, and subject to, aIl ct�adit7ons,
restrictions, limitations, and obligations af Developez as set forth herein and in the Agreement.
-24-
DEC- 2-94 FRI �1:30 WINTHRQP & WEINSTINE, PA FAX N0, 612292934�
�
N� �l
This Note shall nat be payable from ar constitute a chazge vpt�n any funds of the City, and che
City shali not be subject to any liability hereon as be deemed % have obligate� itseIf to pay
hereaQ fmm any funds except the Avai�.�a61e Tax Incremertt, and then only to the extent aad zn
the manner herein spec�ed, �
The Aevelap�r shall never bave ar be deemed to have the right to compel any e�ercise of any
tauciag pawer of th� City or of any ather public bady, and neithez the City nor �any dimctar,
comm�ssianer, council member, 6oard memiaer, officer, employee or agent of the �ty, nar any
persort executing or registering this Note shatl be Iiable personaily hereon by eason of the
issuance or registration hereof or otherwise.
IT IS HE,RF.BY CERTIFIED AND RECITBD that all acts, conditions, and things
the Constitutian ar�d Iaws of the State of Minnesota to he done, to have happene
performed precedent to and in the is�uance of this Note have be�n done, have ha
have been performed in regular and due form, time, and manner as requimd by ]
this Note, tog�xher with all other indebtedness of the City autstanding on the date h
ihe date of its actual issuance and delivery, is not subject �o any consu�un.onai
iimitation thereon.
IlY WITNE5S WiiF.�iGC}F, the City bas caused this Note to be executed 6y
signatures of iis Mayor and City Clerk and ha� caused this Nvt� to be dated
199 ,
Attest:
Kathleen M. Swanson
Its City Cierk
This iastn�ment was drafted by:
WIi�iTHROP & WEtNSTTNE, P.A, (Tlvgi}
324Q Minnesota World Trade Center
3Q East Seventh Street
St. Paul, Minnasota 55101
-25-
CITY OF MF.NllO'TA
;
Charles B. Mertensotto
Its Mayor
requimd by
I, and to be
�pened, and
�w; and that
;reaf and on
or statutory
manual
DEC- 2-94 FRI 11�30 WINTHROP & WEINSTINE, PA FRX K0, 6122929347 P.32 '
Schedule 1
S CHEDUI,�D PAYMENTS
{Schedule 1 to Limiteci Revenue Tax Incremene Note)
-26-
DEC- 2-94 FRI 11:31 WINTHROP & WEINSTINE, PA FAX N0, 6122929347
Schedule 2
LBGAL DBSCRIPTTON
(Schedule 2 to Limited Revenue Tax Increment Note)
-27-
P, 33
DEG- 2-94 FRI 11�31 WINTHROP & WEINSTINE, PA FAX �0, 6122929347 P.34
E��IT C
R�nv�vRs�� cosTs
Tarthwork 1 Grading 1 Tree Remaval . . . . . . . . . . . . . . . . . . . . . . $ 78,700
Site Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216,1Q0
Soi� Correc�ion / Special Conditions . . . . . . . . . . . . . . . . . . . . . . . .135,500
Site Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 G04
�
Pavement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138,400
Sidewa�ks/Cc�rbs . . . , . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7�,844
Acoustic Materi.als . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . � , . , 243,500
Engineering Casts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . 43,840
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . 963.�4�3
-28-
0
rl�l�/���
�I '���I1 ����i�����
�!►��� � /.-�
��`�\� ��ii��-
-� :� i -
� : � `.di- �
, � � • � �
� � � � �.
November 30, 1994
Mr. Kevin Batchelder
City of Mendota Heights � ; : 'x
1101 Victoria Curve `
Mendota Heights, MN 55118
RE: PRIMENET DATASYSTEMS
Dear Kevin:
We are pleased to submit to you for your review and approval six copies of tf�e revised
grading plan for the project adjusted for the site plan changes approved by the City
Council on November 15, 1994. The landscape plan will not be completed for a few
weeks and will be submitted for your approval at that time.
Please call me if you need any further information regarding this grading � lan. We
respectfully request the City's approval. �� �-
Very truly yours,
Dale J. Glowa
Senior Vice President
DJG/klb
Enclosure
3500 West 80th Street Suite 100 Minneapolis, MN 55431 (612) 831-1000
�
9
a
CITY OF MENDOTA HEIGHTS
MEMO
November 29j 1999
T0: Mayor, City Counca.l and City Adminis�rator'�
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
�
SUBJECT: General Pump Tax Increment Financing Agreement
DISCUSSION
At our Gouncil mee�ing of September 20, 1994, the Cit�'y agreed
to provide front end Tax Sncrement assistance in the ount af
$228,OOq to General Pump for the soa.l correction problems at their
Northland Drive site.
The final agreement has been prepared and is attached. The
�ite is one an which the highway department had placed �a large
quant�ity of fill. which had not been compac�ed. The Tax I crement
aid wi31 pay for the excavation and compaction of the site�. Funds
will be paid on certifiGate of completion af the building.
ACTZON RE4IIIRED
Review the agreement and authorize signature by the
City Clerk. ��
LES:kkb
and
CONTRACT FOR PRIVATE DEVELOPMENT
by and between
The City of Mendota. Heights,
Michael P. Christopherson,
Kathleen J. Christopherson,
and
General Pump/U.S., Inc.
December , 1994
TABLE OF CONTENTS
ARTICLE I. DEFIlVITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1.1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �
ARTICLE II. REPRESENTATIONS AND W . . . . . . . . . . . . . I
.....-2-
....-2-
Section 2.1. Representations by the Citv . . . . . . . . . . . . . . . . . . . . �. . . . . -4-
a.
b.
c.
Section 2.2.
a.
b.
c.
d.
e.
f.
g•
h.
i.
J•
k.
1.
m.
n.
o.
P•
q•
r.
s.
Status of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -4-
Comuliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . -4-
No Warrantv as to Development PropertX . . . . . . . . . . . . . . . -4-
Developers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-
Good Standine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-
Authori . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-
Consents . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . -5-
No Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-
Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-
Compliance with La.ws . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-
Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . -6-
Pernuts and Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6-
Cost of Minimum Improvements . . . . . . . . . . . . . . . . . . . . . -6-
Necessiry, of Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . -6-
� ............................... ....-6-
Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6-
Materials Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6-
No Environmental Proceedings . . . . . . . . . . . . . . . . . . . . . . -6-
No Environmental Listin� . . . . . . . . . . . . . . . . . . . . . . : . . -7-
No Required Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7-
Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7-
Reliance ............................... ....-7-
Survival ................................ ....-7-
ARTICLE III. UNDERTAI�NGS OF CITY AND DEVELOPERS . . . . . . . . . ,
Section 3.1. Place of Document Execution, Delivery and Recording ....
Section 3.2. Reimbursable Costs . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.3. Public Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-i-
.... -7-
....-7-
,....-8-
Section 3.4. Conditions to City's Reimbursement Obli ag tion . . . . . . . . . , , , -g_
ARTICLE IV. CONSTRUCTION OF 1��[NIlVIITM IMPROVIIVIEIVTS . . . . . . . . . . . -8-
Section 4.1. Construction of Minimum Improvements . . . . . . . . . . . . . . . . . -8-
Section 4.2. Preliminary Development Plan . . . . . . . . . . . . . . . . . . . . . . . -8-
a. A�roval of Preliminary Development Plan . . . . . . . . . . . . . . . -8-
b. Changes in Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8-
c. Effect of City Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . -9-
Section 4.3. Completion of Construction . . . . . . . . . . . . . . . . . . . . . . . . . -9-
Section 4.4. Certif'icate of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . -9-
a. Certificate of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -9-
b. Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-
Section 4.5. Additional Responsibilities of Developers . . . . . . . . . . . . . . . -10-
a. Maintenance of Public Easements . . . . . . . . . . . . . . . . . . . . -10-
b. Utility Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-
c. Repair of Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . -10-
ARTICLE V. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-
Section 5.1. Durin� Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-
a. Builder's Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-
b. General Liabilitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -11-
c. Worker's Com�ensation . . . . . . . . . . . . . . . . . . . . . . . . . . -11-
Section 5.2. Other Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -11-
ARTICLE VI. PROHIBITTONS AGAINST ASSIGNMENT AND TRANSFER ...:. -11-
Section 6.1. Idenrity of Developers . . . . . . . . . . . . . . . . . . . . . . . . . . . -11-
Section 6.2. Limitations on Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . -11-
5ection 6.3. Consec�uences of Transfer . . . . . . . . . . . . . . . . . . . . . . . . . -11-
a. No Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -11-
b. Consec�uences of Transfer . . . . . . . . . . . . . . . . . . . . . . . . . -12-
c. No Restriction on Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . -12-
Section 6.4. Permitted Financings . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12-
-11-
Section 6.5. No Assi ment . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . -12-
ARTICLE VII. EVENTS OF DEFAULT• Fi?1viFi�IES . . . . . . . . . . . . . . . . � . . . . -12-
Section 7.1. Event of Default . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . -12-
a.
b.
c.
Failure of Timely Completion . . . . . . . . . . . . . . . . . . . . -12-
Breach of Develo�ers Obli tions . . . . . . . . . . . . . . . . . . -12-
Bankiuptcy of Developers . . . . . . . . . . . . . . . . . . . . . . . -13-
5ection 7.2. Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . .� . . . . -13-
a.
b.
c.
d.
Certificate of Completion . . . . . . . . . . . . . . . . . . . . . . . -13-
Suspension of Performance . . . . . . . . . . . . . . . . . . . . . . -13-
Termination of Agreement . . . . . . . . . . . . . . . . . . . . . . -13-
Suit for Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13-
Section 7.3. No RemedX,Exclusive . . . . . . . . . . . . . . . . . . . . . .
Section 7.4. No Additional Waiver Implied by One Waiver ........
ARTICLE VIII. ADDITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . .
Section 8.1.
. . . -13-
. . . . -13-
�.... -14-
Liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-
Section 8.2. Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-
Section 8.3. Equal Employment OpportunitX . . . . . . . . . . . . . . . . . . . -14-
a.
b.
c.
Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-
Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-
Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-
Section 8.4. Provisions Not Mer�ed With Deed . . . . . . . . . . . . . . .
Section 8.5. Titles of Articles and Sections . . . . . . . . . . . . . . . . . .
Section 8.6. Notices and Demands . . . . . . . . . . . . . . . . . . . . . . .
a.
b.
c.
.... -14-
.... -15-
.... -15-
Lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-
Developers . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . -15-
Cit� ................................. ...-15-
Section 8.7. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . -15-
a.
b.
c.
Release of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification of Citv . . . . . . . . . . . . . . . . . . . . . .
Reimbursement of Costs . . . . . . . . . . . . . . . . . . . . . .
.... -16-
.... -16-
.... -16-
d. FIa�ardous Waste Ind� . . . . . . . . . . . . . . . . . . . . . . . -16-
e. Tax Increment Indemnitv . . . . . . . . . . . . . . . . . . . . . . . . . -16-
f. Reduction in State Aids . . . . . . . . . . . . . . . . . . . . . . . . . . . -16-
Section $.8. Covenants of Pririci�al . . . . . . . . . . . . . . . . . . . . . . . . . . . -16-
Section 8.9. Governing, Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1'7-
Section 8.10. Time is af the Fssence . . . . . . . . . . . . . . . . . . . . . . . . . . . -17-
Section $.11. Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1'7-
Section $.12. Inter,�reiation and Severabilitv . . . . . . . . . . . . . . . . . . . . . . -11-
Section 8.13. Successors and Assi n�s . . . . . . . . . . . . . . . . . . . . . . . . . . -17-
Section 8.14. ModificationlEz�t:ize A�ment . . . . . . . . . . . . . . . . . . . . . -17-
Section 8.15. Survi�al . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1'7-
-IV-
Contract For
Private Development
THIS CONTRACT FOR PRIVATE DEVELOPMENr ("AGREIIV�NT"), m
of the da.y of December, 1994, by and between THE CITY OF MENDOT�
(the "City"), a statutory city of the State of Minnesota, having its principal off
Victoria Curve, Mendota Heights, Minnesota 55118, MICHAEI. P. CHRISTOPH
KAT�RPN 7. CHRISTOPHERSON (collectively, the "Developers") and General
INC., a Minnesota corporation (the "Lessee"), with its principal off'ice at 1335 Men
Road, Mendota Heights, Minnesota 55118.
WITNESSETH:
ie on or as
HIIGHTS
es at 1101
RSON and
t�mp/U.S.,
�ta Heights
WHEREAS, the City is a statutory city of the fourth class organized and existi.n� pursuant to
the Constitution and laws of the State of Minnesota and is governed by the Ciry ouncil (the
"Council") of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota St es, Chapter
273, as amended and recodified (the "Act"), the Council is authorized to establish evelopment
districts in order to provide for the development and redevelopment of the City; ; d
+ , pursuant to the Minnesota Tax Increment Financing Act, Minne�
Sections 469.174 et. seq. (the "Tax Increment Act"), as amended, the Council is
finance the capital and administration costs of a development district with tax incre�
derived from a tax increment financing district established within such developmer
WHEREAS, the Council adopted the Development Program (the "Development
5, 1981 creating Development District Number 1(the "Development District")
Act; and
WHEREAS, in connection with the Development Plan the Council has
increment financing district pursuant to the Tax Increment Act (the "Tax In�
and
Statutes,
orized to
revenues
trict: and
") on May
�ant to the
hed a tax
District");
WHEREAS, the City believes that the development of the Development District pu suant to this
Agreement, and fulfillment generdlly of the terms of this Agreement, are in the st interests
of the City and the health, safety, morals and welfare of its residents, and in acc rd with the
public purposes and provisions of applicable federal, state and local laws unde which the
Development Plan is being undertaken and assisted;
NOW, THEREFORE, in consideration of the foregoing premises and the mutu promises,
representations and undertakings of the parties hereto, each of them does hereby covenant and
agree with the other as follows: I
ARTICLE I.
DEFINITIONS
Section 1.1. Deimitions. When used in this Agreement the following terms shall have the
meanings specified in this Article I. Each definition or pronoun herein shall be deemed to refer
to the singular, plural, masculine, feminine or neuter as the context requires. Words such as
"herein " "hereinafter " "hereof " "hereto " and "hereunder " when used in reference to this
> > > > >
Agreement, refer to this Agreement as a whole, unless the context requires otherwise:
"Act" means the Municipal Development Districts Act, Minnesota Statutes, Chapter 273 as
amended and recodified.
"Actual Knowledge" means, with respect to any representation made herein, the awareness of
facts or information, or the absence of facts or information, by a natural person, or, in the case
of a legal entity, any officer of such entity. For purposes of this Agreement, Actual Knowledge
shall include any facts discoverable by any person in the exercise of reasonable diligence.
"Agreement" means this Contract for Private Development, as the same may be from time to
time modified, amended, or supplemented.
"Certificate of Completion" means the written certification by the City that the Minimum
Improvements have been completed in accordance with the terms of the Agreement.
"City" means the City of Mendota. I�eights, Minnesota.
"Construction Plans" means the plans, specifications, drawings and documents related to the
Development Property and the construction work to be performed by the Developers on the
Development Property including, but not limited to, the following: (1) as-built survey of
Development Property, (2) site plan; (3) foundation plan; (4) floor plan for each flaor; (5) cross
sections of each building (length and width); (6) elevations (all sides); ('� facade and landscape
plan; and (8) such other plans or supplements to the foregoing plans as the City may reasonably
request.
"Council" means the elected city council of the City.
"County" means the County of Dakota, State of Minnesota.
"Developers" means, collectively, Michael P. Christopherson and Kathleen 7. Christopherson.
"Development District" means Development District Number 1 created by the City pursuant
to the Development Plan.
"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.
-2-
"Developmeni Property" means the real praperty Iegally described on Exhibit A
and incorporated herein.
"Eaent oi Default" means an action or occunence described in Section 7.1 af
"Lessee" means General Pump/U.S., Inc., a Minnesota. corporatian.
"Minimum Improvements'" means an appmximately 52,000 square foot of.
constzucted on ihe Development Properiy and adjacent or related facilities.
"Permitted Transfer" means any conveyance or disposition of tha Deveiopment
is excepted from the definition of Transfer set farth in this Article.
hereto
Agreement.
be
which
"Preliminary Development Plan" shall mean, collectively, the Consttuc�ion P1ans �'and all other
writings, dra.wings illustratians or other artistic renderings, applications, agreeme ts or other
documents submitted to and approved by the Ciry in cannection with tlus Agrr�eeme t and/ar the
Praject.
"Praject" means the acquisition af the Develapment Property and construction of t1�e l�iinimum
Lnprovements thereon. (
"Reimbursable Costs" means the Project costs for which the City is parkially re' ' bursing the
Developers pursuant to this Agreement, as set forth on Exhibit B attached hereto and
incorporated herein.
"State" meaus the State of Minnesota. .
"Ta� Increment" means that portian of the real estate ta�ces paid with t to the
Development Praperty which is remitted ta the � City as taac increment pursuant� to the Tax
Increment Act.
"Tag Increment Act" means the Tax Increment Financing Act, Minnesota Statutgs, Sectians
469.174-469.179, as amended. �
"Tax Increment District" means Tau� Increment Financing District Number 1 reated and
amended by the City pursuani ta the Tu� Increment Plan adopted in connecti n with the
Development Plan.
"Ta� Increment Plan" means the Tax Increment Financing Plan adopted by the ity on May
5, 1981, in eonnection with the creation of the Ta�c Increment District, as ihe same has been or
may be amended from time to time.
"Tax Official" means any City or county assessor; County auditor; City, County
of equatization, the commissianear of revenue of the State, or any State or federai
the tax court of the State, or the State Supreme Court.
-3-
State board
3trict court,
"Transfer" means any cessation of possession of the Development Properiy by the Developers
for any reason, including:
(A) any lease entered into by the Developers, as lessor, for occupancy and use of the
Development Property and the Minimum Improvements, except for any lease to
Lessee; or
(B) the sale, assignment, conveyance, lease, transfer, foreclosure, or other disposition
of (i) the Development Property or any interest therein or (u) the Minimum
Improvements, or any portion thereof (except for any lease of such property to Lessee);
or
(C) the sale, exchange or transfer of greater than a fifty percent (50°b) interest in the
ownership, profits, or capital of the Lessee, determined with reference to all such
exchanges occurring after the date hereof.
"Unavoidable Delays" means delays which are the direct result of strikes, shortages of
materials, war or civil commotion, delays which are the direct result of unforeseeable and
unavoidable ca.sualties to the Minimum Improvements, the Development Properiy or the
equipment used to construct the Minimum Improvements, delays which are the direct result of
governmental action or inaction beyond the control of Developers, delays which are the direct
result of judicial action commenced by third parties, citizen opposition or action affecting the
Project or adverse weather conditions, or to any other cause or action beyond the reasonable
control of the party seeking to be excused as a result of its occurrence.
ARTICLE II.
REPRESENTATIONS AND WA�RRANTIE5
Section 2.1. Representations by the Citv. The City makes the following representations as
the basis for the undertaking on its part herein contained:
a. Status of Citv. The City is a statutory city 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. No Warranty as to Development Property. Except as specifically provided
herein, the City 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 Property,
-4-
(u) the suitability of the Development Property for the Developers
or (iu) the economic feasibility of the Project.
Section 2.2. Reuresentations. Covenants and Warranties bv Lessee and Dev
Lessee and Developers hereby represent and warrant, joinfly and severally, that:
a. Good Standing. Lessee is a corporation duly organized, validly ex
good standing under and pursuant to the laws of the State of Minnesota
power and authority to enter into and perform its obligations under this A�
the transactions contemplated hereby.
b. Authoritv. This Agreement has been duly and validly executed and
Lessee and Developers and constitutes the valid and binding obligation c
Developers according to its terms, enforceable against Lessee and Devel
as the enforcement thereof may be limited by bankiuptcy and other lav
application relating to creditors' rights or general principles of equity. Z
of this Agreement by I.essee has been duly authorized by the appropria�
Lessee, and no further action is required for the performance by I
obligations hereunder.
c. Consents. Except as disclosed in this Agreement, no consent, app:
authorization, registration, declaration, filing, waiver or notice to any
entity or third parly is required or necessary to be obtained by Lessee o:
in connection with the execution, delivery and performance of this Agre�
d. No Violation. Neither the execution and delivery of this Agi
consummation of the transactions contemplated hereby, the acquisition,
and development of the Development Property, 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 instiument
nature to which either the Lessee or Developers (or any of them) are no�
by which it is bound, or constitutes a default under any of the foregoing.
or needs,
The
; and in
has full
�ent and
elivered by
Lessee and
pers except
of general
� execution
officers of
ssee of its
order,
Developers
the
compliance
or conflict
y corporate
�f whatever
� a party or
e. Title. Except for any lease of the Development Property to Lessee, � Developers
are and shall be the owner of the Development Property. Except for matters disclosed
in this Agreement, there are no pending or threatened clai.ms, lawsuits, or c�isputes with
respect to the Development Property or Developers' ownership thereof. I
f. Comnliance with Laws. Developers and Lessee shall operate and
Minimum Improvements in all material aspects in accordance with the 1
Agreement, the Development Plan and all applicable local, state and fede
regulations (includi.ng, but not limited to, environmental, zoning, buildi
public health laws and regulations).
-5-
intain the
ns of this
laws and
cade and
g. Energy Conservation. -Developers shall construct the Minimum Improvements
in accordance with all applicable local, state or federal energy-conservation laws or
regulations.
h. Permits and Licenses. Subject to Unavoidable Delays, the Developers 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 applicable local,
state and federal laws and regulations which must be obtained or met before the
Minimum Improvements may be lawfully constructed.
i. Cost of Minimum Improvements. The Developers covenant that the cost of the
Minimum Improvements to be completed on the Development Property shall be not less
than $2,253,000.
j. Nece.ssity of Assistance. The Developers acknowledge, represent and agree that,
but for the assistance provided by the City under the Agreement, it would not be able
to undertake the Project within the foreseeable future.
k. Zoning. 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 Property.
l. Hazardous Waste. To the Actual Knowledge of Developers, No asbestos, urea
formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste,
radioactive materials, explosives, known carcinogens, petroleum products or other
pollutants, contaminants, chemicals, materials or substances defined as "hazardous
waste " "hazardous substance " "hazardous constituent " "solid waste " or "toxic
> > > >
substance" (all of the foregoing are referred to collectively hereinafter as "Hazardous
Materials") the release or disposal of which is regulated by any federal, state or local
statute, regulation, order, treaty, cade, publication or ordinance (or any amendment
thereto) related to human health or the environment including, without lunitation, aay
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 located on, in, about
or under the Development Progerty, and 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 pernuts, licenses and similar authorizations and
approvals necessary or required under all Environmental Laws, including those for any
Hazardous Materials stored, used or manufactured within or on the Development
Property have been obtained, are being complied with and are in full force and effect,
and either Developers or Lessee 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 proceedings, litigation, regulatory hearings
�
or other actians concerning any the Devalapment Pmperty and alleging :
with or violation of any Environmental La.w ar relating to any required
permits or licenses.
o. No Environmentai Listing. No portian of tha Develapment Pro ' rty is listed
in the United States Environmental Protection Agency's National Prio�ties List of
Hazardous Waste Sites nor any other list, schedule, 1og, inventory r record of
hazardous waste sites maintairned by any federal, state or local agency.
p. No Required Testing. Neither L,essee nor the Developers have ived any
written notification from any city, county, state or fedezal governmen autharity,
agency or insttumentality requiring any work or testing to be done on br abaut the
Development Property. �
q. Disclo$ure. No representatian or warranty of Developers ar L
Agreement and no statement cantained in this Agreement ox in any docum
or to be delivered pursuant hereto contains or will contain an untrue
material fact ar omits ar will omiC to state any material fact necessary
statements herein or therein containeti, in light of the circumstances under
not misleading; it being understaod that as used in this subpara.graph "ma
materiai to any individual statement ar omission and in the aggreg:
statements and omissions. All repons and investigations eommissioned
received by the Lessee concerning the Development Property and relating
Materials have been disclosed to the CiLy.
r. Reliance. The foregaing representations, warranties and covenauts
the Developers and Lessee with the knowledge and e�tation that the C
thereon.
s. SurvivaL The faregoing repr�,sentations, warranties and eovenants,
any and all other representations, wamanties and cavenants conta
Agreement, shall survive consummativn of the transactions contemp
Agreement.
ARTICLE III.
UNDERTAKINGS OF CITY AND DEVELOPEItS
Section 3.1. Place af Dacwnent F�ecution, Deliverv and Recording. Un
mutually agzeed by the City and the Develapers, the execution and delivery of all +
payment of any amounts due hereunder shall be made at the offices of the City.
Sectian 3.2, Reimbursable Casts. Upon issuance of the Certiiicate of Cam�
City, the City shall reimburse the Developers for the lesser of (a) acival amaunt of
Costs (as set forth on Exhibit B) actually incuneci by the Develapers in conne�
Praject or (�} the sum af Two IIundred Twenty-eight Thousand and OC
($22$,OOO.OQ). Such reimbursement shall be payable upon issuance of the
-7-
see in this
x delivered
�tement of
► make the
frich made,
�ial" means
as to all
� otherwise
Hazardous
� made by
is relying
rer with
in this
by t�us
otherwise
ments and
by the
with the
Llallars
-icate of
Completion. The Developers agree to deliver to the City, in connection with issuance of the
Certificate of Completion, a certificate, in form and substance acceptable to the City,
acknowledging and warrdnting the actual amount of Reimbursable Costs incurred in connection
with completion of the Project.
Section 3.3. Public Costs. The City and the Developers hereby stipulate and agree that the
assistance provided pursuant to this Agreement is intended to reimburse the Developers for the
Reimbursable Costs (or portions thereo fl listed on Exhibit B attached hereto, and that such
assistance is in furtherance of the purposes of the Development Plan, the Act, the Tax Increment
Act, and/or necessitated by the unique characteristics of the Development Property, its proximity
to the Minneapolis/St. Paul International Airport, and/or the topography of the Development
Property site.
Section 3.4. Conditions to City's Reunbursement Obligation. In connection with delivery
of the Certif'icate of Completion and performance by the City with respect to its other obligations
pursuant to this Agreement, and as a condition precedent thereto, the Ciry may, in its sole
discretion, require the Developers to (i) submit evidence of compliance by the Developers with
the terms and conditions of this Agreement, (u) provide an opinion of counsel acceptable to the
City that the fmancial assistance provided hereunder is a permissible . expenditure of funds
pursuant to the Act and the Tax Increment Act, and (iu) pay the City's expenses of counsel in
connection with the preparation, execution, and filing of this Agreement.
ARTICLE IV.
CONSTRUCTION OF 1��IINIMUM IMPROVEMENTS
Section 4.1. Construction of Minimum Improvements. The Developers agree that they will
construct the Minimum Improvements on the Development Property in accorda.nce with the
approved Preliminary Development Plan.
Section 4.2. Preliminary Development Plan. Prior to commencement of construction of the
Minimum Improvements, the Developers 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 Developers in connection with the
Developers' 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 Preliminary Development Plan. The City'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 Developers with all
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 Developers desire to make any material change in the
Preliminary Development Plan, the Developers shall submit the proposed change to the
City for its approval. The Developers acl�owledge that upon entering this Agreement,
the City in no way waives its right of fmal approval of materials and submissions
:
required herein, including, but not limited to, fmal Construction Plans,
expressly reserves its right to deny approval of any plans and pernul
Developers fail to proceed in accordance with this Agreement and/or fa
in total compliance with the obligations herein and the requirements �
Zoning Ordinance and City's Subdivision Ordinance and other applicabl
and ordinances affecting the Construction Plans and/or the Development
c. Effect of City Approval. E�ccept as specifically provided in writin�
or any department or official thereof for the specific, limited purpose of s
the approval of the Preliminary Development Plan (or any amendments th�
City or the Council shall not constitute a representation or wamanty that
the Minimum Improvements, or the Development Property comply with at
building code, health or safety regulation, environmental law, or o
regulation, or that the Minimum Improvements will meet the qualifications
of a certificate of occupancy. Approval of the Developers' plans by the
department or official thereof shall not constitute a waiver by the City of ;
Default occurring hereunder.
nd the City
should the
to perform
the Ciry's
City codes
by the Ciry
ich writi.ng,
reto) by the
such plans,
� applicable
ier law or
.'or issuance
�ity or any
:�v Event of
Se�tion 4.3. Completion of Construction. Subject to Unavoidable Delays, thelI3evelopers
shall achieve final completion of the constiuction of the Minimum Improvements on or before
7uly 1, 1995. All work with respect to the Mini.mum Improvements to be constructed or
provided by the Developers an the Development Property shall be done in � good and
workmanlike manner with quality materials and in strict compliance with the �reliminary
Development Plan as submitted by the Developers and approved by the City. Develo rs hereby
grant the City reasonable access to the Development Property and the Minimum Im�vements.
The Developers agree for themselves, their successors and assigns, and every
interest to the Development Properiy, or any part thereof, tha.t the Develope.
successors and assigns, shall diligently prosecute to completion the develop
Development Property through the construction of the Minimum Improvements the�
such construction shall in any event be completed within the period specified in
During construction of the Minimum Improvements, the Developers shall make re�
detail and at such ti.mes as may reasonably be requested by the City, as to the ac
of the Developers with respect to such construction.
Section 4.4. Certificate of Completion.
a. Certificate of Citv. The Developers will notify the City when c
the Minimum Improvements has been completed. The City shall have
not the obligation, to inspect the Development Property andlor 1
Improvements upon notice of completion from the Developers. Prom�
completion of the Minimum Improvements in accordance with the
(including the date for completion thereo fl, and after the City's inspe
property, if any, the City will furnish the Developers with an appropri
so certifying (the "Certificate of Completion"). Issuance of a certificate
by the City with respect to the Minimum Improvements shall be evidence
of construction of the Mi.nimum Improvements (but shall not be concli:
�
cessor in
and such
rt of the
�, and that
s section.
s, in such
progress
truction of
; right, but
Minimum
after imal
ms hereof
�n of such
instrument
occupancy
evidence
of Developers' compliance with their obligations hereunder). Delivery of the
Certificate of Completion shall not constitute a representation or warranty by the City
that the Development Properiy or the Minimum Improvements comply with any
applicable building cade, health or safety regulation, zoning regulation, environmental
law, that the Minimum Improvements will qualify for a certificate of occupancy, or
that the Minimum Improvements will meet the requirements of Developers or any other
user of the Minimum Improvements.
b. Notice of Defects. If the City shall refuse or otherwise be unable to provide the
Cerkificate of Completion in accordance with the provisions of this section, the City
shall, within ten (10) days after written request by the Developers, provide the
Developers with a written statement, indicating in adequate detail in wbat respects the
Developers have failed to complete the Minimum Improvements in accordance with the
provisions of the Agreement, or are otherwise in default, and what measures or acts
will be necessary, in the opinion of the City, for the Developers to take or perform in
order to obtain such certification.
Section 4.5. Additional Responsibilities of Developers.
a. Maintenance of Public Easements. The Developers will not construct any
building, structure, or improvement on, over, or within the boundary lines of any
public utility easement unless such constructioa is provided for in such easement or has
been approved by the utility involved.
b. Utilitp Installation. Developers shall be responsible for the full and prompt
payment of all utility access charges with respect to the Minunum Improvements
(including SAC and WAC). IIevelopers shall further bear the cost of the relocation of
any e�cisting public or private utilities which may be caused or necessitated by the
construction of the Minimum Improvements.
c. Repair of Publi�e Facilities. Developers shall, at their 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 Developers shall provide and maintain at all times
during the process of conshucting the Minimum Improvements for the benefit of the Developers
and the City 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°b) of the
-10-
replacement value of the Minimum Improvements as of the date of �
with coverage available in nonreporting form on the so-called "all risk"
b. General Liabilitv. Comprehensive general liability insurance (inclu
arising from operations, contingent liability, operations of subcontractor
operations and contractual liability insurance) together with an Owner's
Policy with limits against bodily injury and properiy damage of n
$3,000,000 for each occurrence (to accomplish the above-required limits,
excess liability policy may be used).
c. Worker's Compensation. Worker's compensation insurance,
coverage.
Section 5.2. Other Terms. All insurance required pursuant to this Article shall
and maintained with insurance companies reasonably acceptable to the Ciry and auth�
the laws of the State to assume the risks covered thereby. The Developers will d
City policies evidencing all such insurance, or a certif'icate or certificates or bv
respective insurers stating that such insurance is in full force and effect.
ARTICLE VI.
PROHIBITIONS AGAINST ASSIGNM��IVT AND TRANSFER
;tion, and
of policy.
ng liability
completed
�ntractor's
less than
iumbrella
statutory
:taken out
Yzed under
iver to the
ers of the
Section 6.1. Identitv of Developers. The Developers recognize that, ia viev� 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 ide tity of the
Developers and the Lessee are of particular concern to the community and the �City. The
Developers further recognize that it is because of such qualifications and identity that the City
is entering into the Agreement with the Developers, and, in so doing, is further willing to accept
and rely on the obligations of the Developers for the faithful performance of all undei tal�ings and
covenants hereby by the Developers to be performed. �
Section 6.2. Limitations on Transfer. Except for the lease of the Development�Property to
the Lessee, or as otherwise specifically provided in this Agreement, Developers shall not sell,
assign, convey, lease or ttansfer (i) this Agreement, (u) the Development Property or (iu) the
Mi.nimum Improvements, without the prior written consent of the City, which c� nsent shall
specifically reference this provision.
Section 6.3. Consequences of Transfer. For the reasons stated in Section 6.1
Developers) hereof, the Developers represent and agree that:
a. No Transfers. Except for Permitted Transfers, or by way of se
only for, the purpose of obtaining fmancing to assist or enable the
perform their obligations with respect to constructing the Minimum
under the Agreement, and any other purpose authorized by the �
Developers have not made or created, and will not make or create or su
-11-
of
for, and
oners to
�ment, the
to be made
or created, 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, for a period of
ten (10) years after the date of issuance of the Certif'icate of Completion.
b. Consequences of Transfer. In the event of any Transfer of the Development
Property or the Minimum Improvements within the ten (10) year period after the date
of issuance of the Certificate of Completion by the City, Developers shall refund and
retum to the City the amount of all assistance provided pursuant to this Agreement,
with interest at the rate of eight percent (8 �) per annum, or such lesser rate as
permitted by law. No Transfer of the Development Property shall operate, legally or
practically, to deprive or limit the City of or with respect to any rights or remedies or
controls provided in or resulting from the Agreement with respect to the Development
Property and the construction of the Minimum Improvements that the City would have
had, had there been no such transfer or change. No Transfer shall be deemed to
relieve the Developers, the Lessee, or any other party bound in any way by the
Agreement or otherwise with respect to the construction of the Minimum
Improvements, from any of their respective obligations with respect thereto or from
any of their other obligations under this Agreement.
c. 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.
5ection 6.4. Permitted �nancings. Nothing herein shall prohibit or prevent the Developers
from encumbering the Development Property in order to obtain suitable, bona fide financing in
connection with the development, constiuction, ownership, expansion or restoration of the
Development Property or the Minimum Improvements.
5ection 6.5. No Assignment. Except as pmvided in this Article, this Agreement and the
rights, duties and obligations of the Developers hereunder shall not be assigned, conveyed, or
transferred, and any purported tiansfer in violation of this provision shall be null, void, and of
no effect.
ARTICLE VII.
EVENTS OF DEFAULT; REIVV�DIES
Section 7.1. Event of Default. The term "Event of Default" shall mean, whenever it is used
ia this Agreement (unless the context otherwise provides):
a. Failure of Timelv Com lep tion. Failure by the Developers to complete the
Development Property 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 Developers Obligations. Failure by the Developers or Lessee to
observe or perform any covenant, condition, obligation, or agreement on their part to
-12-
be observed or performed under this Agreement and the continuance of
ten (10) days after written notice thereof from the City; or
c. Bankruptcy of Developers. A petition of, or claim for relief in,
insolvency is filed pursuant to any current or future bankruptcy or u
naming the Developers, Lessee (or any of them) as debtor, and such
dismissed within ninety (90) days of the date of filing thereof.
Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in
other remedies available to the City at law or in equity or elsewhere in this Agree:
may take any one or more of the following actions: �
a. Certificate of Completion. The City may withhold the
Completion.
b. Susaension of Performance. The City may suspend its performan�
Agreement until it receives adequate assurances from Developers and
Developers or Lessee will cure the Event of Default and thereafte
compliance with their respective obligations under this Agreement and a
collateral agreements with the City. '
c. Termination of Agreement. The City may terminate this Agn
and all performance under this Agreement, and pursue all available
d. Suit for Damages. The City may initiate aa action seeking dan
performance, or any other relief available at law or in equity, other thaa
the remedy of specific performance. The parties hereby agree that all i
indirect, paid or incurred by the City in connection with this Agreement
including without limita.tion all sums advanced to or for the benefit of t
or Lessee hereunder and the costs of pursuing the City's remedies hE
constitute damages of the City for purposes hereof.
Section 7.3. No Remed,y Exclusive. No remedy herein conferred upon or re
parties is intended to be exclusive of any other available remedy or remedies, but e�
such remedy shall be cumulative and shall be in addition to every other remedy gi�
Agreement, 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 a
or power or shall be construed to be a waiver thereof, but any such right and g
exercised from time to time and as often as may be deemed expedient. In order
parties 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.
Section 7.4. No Additional Waiver Implied by One Waiver. In the event ar
contained in this Agreement should be breached by either party and thereafter w
other party, such waiver shall be limited to the particular breach so waived and
deemed to waive any other concurrent, previous or subsequent breach hereunder.
-13-
failure for
tcy or
� laws
is not
on to all
the City
of
e under this
Lessee that
remain in
1 related or
cease any
;es, specific
d exceptfor
ts, direct or
the Project,
Developers
ander, shall
yed to the
i and every
under this
o delay or
such right
�er may be
entitle the
itice, other
agreement
red by the
iall not be
ARTICLE VIII.
ADDITIONAL PROVISIONS
Section 8.1. Conflict of Interests: Citv Representatives Not Individuallp Liable. No
member, ofFicial, or employee of the City shall have any personal interest, direct or indirect,
in the Agreement, nor shall any such member, official, or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation,
partnership, association or other entity in which he is, directly or indirectly, interested. No
member, official, agent, or employee of the City shall be personally liable to the Developers or
Lessee, or aay successor in interest, in the event of any default or breach by the City or for any
amount which may become due to the Develogers, Lessee, or successor or on any obligations
under the terms of the Agreement.
Section 8.2. Non-Discrimination. Neither Developers nor Lessee shall discriminate upon the
basis of race, color, creed, sex, affectational preference, age, religion or national origin ia 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 part of this Agreement as if fully set forth herein.
Section 8.3. Equal Emplo,yment O�, o� rtunity. Developers agree, for themselves and their
assigns, that during construction of the Mi.nimum Lnprovements:
a. Emp1o,L. Developers will not discriminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, gender, affectational
preference, disability, age, marital status, status with regard to public assistance, or
national origin (each such status is refened to hereinafter as a"Protected Class").
Developers will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to membership in any
Protected Class. Developers shall further abide by all other applicable federal, state
and local laws regardi.ng equal employment opporlunity.
b. Advertising. Developers will, in all solicitations or advertisements for
employees placed by or on behalf of Developers, state that all qualified applicants will
receive consideration for employment without regard to membership in any Protected
Class.
c. Contracts. Developers 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. Developers 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 transfemng any interest in the
6[�
Development Property and any such deed shall not be deemed to affect or impair tt�e provisions
and covenants of this Agreement. �
Section 8.5. Titles of Articles and Sections. Any titles, headings, or captions o� the several
parts, articles, and sections of the Agreement are inserted for convenience of refere ce only and
shall be disregarded in construing or interpreting any of its provisions. �
Section 8.6. Notices and Demands. Except as otherwise expressly �
Agreement, a notice, demand, or other communication under the Agreement by
other party shall he suff'iciently given or delivered if it is dispatched by regist
mail, postage prepaid, return receipt requested, or delivered personally; and
a. Lessee. In the case of Lessee, is addressed to or delivered
Lessee at:
General Pump/U.S., Inc.
1335 Mendota Heights Road
Mendota Heights, Minnesota 55118
b. Developers. In the case of Developers, is addressed to or
to Developers at:
Michael P. Christopherson
Kathleen 7. Christopherson
1335 Mendota. Heights Road
Mendota Heights, Minnesota 55118
c. C�. In the case of the City, is addressed to or delivered
at:
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 Developers.
Section 8.7. Indemnification. Developers and Lessee shall cooperate with th
respect to any litigation commenced with respect to the Development Plan or �
Except for any willful or wanton misconduct of the City, its employees, Counci
officers or employees, the Developers and Lessee shall jointly and severally,
harmless, and indemnify the City from and against any and all costs, including reas�
of defense incurred by the City through an attorney of its choosing, with respect to a
in connection with the Project or this Agreement.
-15-
led in this
�arty to any
or certified
to the
personally
to the City
forward to
. Ciry with
he Project.
members,
save, hold
nable costs
iy litigation
a. Release of Citv. Developers and Lessee agree, that anything to the contrary
herein notwithstanding, the City and its agents, officers, Council members, and
employees shall not be liable or responsible in any manner to the Developers, Lessee,
the Developers' contractors, suppliers, vendors, material men, laborers, lienors,
mortgagees, or to any other person or persons whomsoever, for any claim, demand,
damage, cost, or loss of any kind or character arising out of or by reason of the
execution of this Agreement, the transactions contemplated hereby, the acquisition,
construction, installation, ownership or operation of the Project, the Minimum
Improvements andlor the Development Property.
b. Indemnification of Citv. The Developers and Lessee shall jointly and severally,
indemnify, save and hold harmless the City from and against any and all claims,
demands, actions or causes of action (including specifically, but without limiting the
generality of the foregoing, the costs of defending the same, costs and expenses for
City administrative time and labor, costs of engineering and planning services, costs
of all legal services rendered, direct out-of-pocket expenses incurred in connection with
defending such claims, and amounts paid as da.mages or in settlement or compromise
of any such action or proceeding) as may be brought against the City for acts or
omissions in any way related to the construction, operation or financing of the
Minimum Improvements, and/or the Development Property.
c. Reimbursement of Costs. Developers and Lessee shall, jointly and severally,
reimburse the City for any and all costs and expenses, including without limitation,
attorneys' fees, paid or incuned by the City in connection with or relating to enforcing
performance of (or seeking damages for Developers' or Lessee's failure to perform)
any covenant or obligation of Developers or Lessee under this Agreement.
d. Hazardous Wast•e Indemnity. The indemnification obligation of Developers and
Lessee shall include, without limitation, any liability, damages, claims or costs incurred
or asserted against the Ciry relating to the alleged presence or release of hazardous or
toxic substances on, under or about the Development Property.
e. Tax Increment Indemnitv. Developers and Lessee shall further sa.ve, 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 Developers pursuant to this
Agreement.
f. Reduction in State Aids. Developers and Lessee shall further sa.ve, indemnify
and hold harmless the Ciry from and against all costs, damages, liabilities or
expenditures incurred by the City in the event that 1oca1 government aid, homestead
and agricultural credit aid or other aids or payments to the City from the State of
Minnesota are reduced under Minnesota Statutes, Section 273.1399 or other law.
Section 8.8. Covenants of Principal. All covenants, stipulations, promises, agreements and
obligations of the City contained herein shall be deemed to be the covenants, stipulations,
-16-
promises, agreements and obligations of the City and not of any Council member, c
servant, employee, independent contractor, consultant and/or legal counsel of the
Section 8.9. Governing Law. The parties agree that this Agreement shall be
construed in accordance with the laws of the State of Minnesota and acknowlE
Agreement is the type of agreement described in Minnesota Statutes, Section 469.
Section 8.10. Time is of the Essence. Time shall be of the essence of this
Section 8.11. Counterparts. This Agreement is executed in any number of cou�
of which shall be an original, but all of which shall constitute one and the same
Section 8.12. Interpretation and 5everabilitv. If any one or more of tti
sentences, phrases or words of this Agreement or aay application thereof sha
determined to be invalid, illegal, or unenforceable in any respect, the validity,
enforceability of the remaining provisions, sentences, phrases or words of this A
any other application thereof shall in no way be affected or impaired and shall :
force and effect.
Se�tion 8.13. Successors and Assigns. This Agreement is binding on and inures
of the heirs, successors and assigns of the parties hereto, provided, however, that th
may not be assigned by any of the parties hereto except as specifically provided
successor shall absolutely and unconditionally assume all of the rights, duties and c
their assignee hereunder.
Section 8.14. Modification/Entire Agreement. This Agreement may not be alte�
or amended except by an instrument in writing signed by all of the parties hereto.
whether or not an officer, agent, employee or representative of any party, has mac
authoriry to make for or on behalf of that party any agreement, representatio
statement, promise, arrangement or understanding not expressly set forth in this E
in any other document executed by the parties concurrently herewith ("Parol Ag
This Agreement and all other documents executed by the parties concurrently herew
the entire agreement between the paities 'and supersede all express or unpli�
concurrent, Parol Agreements and prior written agreements with respect to the si
hereof. The parties acl�owledge that in entering into this Agreement, they have n
will not in any way rely upon any Parol Agreements.
Section 8.15. Survival. The obligations of the parties hereto shall survive for a
(10) years after the later of (i) the date of issuance of the Certificate of Completi
date of termination of this Agreement by either party hereto.
-17-
, agent,
erned and
; that this
, subd. 5.
each
provisions,
be held or
;gality, and
eement and
nain in full
the benefit
Agreement
.erein. Any
li�ations of
d, modified
No person,
or has any
� w��Y�
;reement or
�ments") .
h constitute
l, prior or
�ject matter
t relied and
iod of ten
or (ii) the
IN �VITNTSS WHEREOF, the City has caused this Agreement to be duly executed in its name
and behalf and its seal to be hereunto duly affixed and the Developers and Lessee have caused
this Agreement to be duly executed on or as of the day and year first above written.
Attest:
Kathleen M. Swanson
Its City Clerk
STP:13674&3
CITY:
THE CITY OF MENDOTA HEIGHTS
:
Charles E. Mertensotto
Its Mayor
DEVELOPERS:
Michael P. Christopherson
Kathleen J. Christopherson
LESSEE:
GF.NF�AT, PUlVII'/U.S., INC.,
a Minnesota corporation
By:
Its:
And By:_
Its:
:
SCHEDULE OF EX�IIBITS
EXI�IT A Legal Description of Development Property
EXHIBIT B Reimbursable Costs
I :�rll: Y :
Lot 3, Block 1, Northland Plaza, Dakota County, Minnesota
�' 11: :
M_: �il►il: l; : : •
Parthwork .....................................
Site Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Soil Correction / Special Conditions . . . . . . . . . . . . . . . . . . . . .
Site Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pavement .....................................
Sidewalks/Curbs ... . .. . . . .. ....... . . . .. .. .. . . . . . .
Acoustic Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineering Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL...................................
. $ 42,000
. . 21,000
. . 220,000
. . 14, 800
. . 78,000
. . 44,300
. . 24,000
. . . 9,500
453 600
CITY OF M�N'DOTA HgIGHTS
TREASIIRER'S REPORT, NOV�gR,1994
DAKOTA COUNTY STATE BANR
Checking Account 1.05�
Savings Account 2.15�
C.D. Rep. 2.40�
Collateral - Bonds
Gov't. Guar.
CHFsRORE}3 STATL BAPTR
BALANCi3
$ .137,804.018
$ 575.97
0.00
$ 138,379.98
$ 500,000.00
$ 100,000.00
$ 60�
Saving Cert. 2/22/95 @ 2.75� S 13.952.59
$ 13,952.59
Collateral - Bonds
Gov't. Guar.
$ 500,000.00
$ 100,000.00
),000.00
$ 600,000.00
Value 11-30-9� (est.)
FHLMC 7.23� 12/97 FBS $ 500,008.00
FNMA 6.3� 12/97-95 FBS $ 500,008.00
FHL Mtg. Pool 8� (PRU) $ 254,014.62
F'N�C 7� Mtg. Pool (PRU) PAC $ 505,000.00
FMLC 6 1/4� Mtg Pool (PRU) $ 402,520.84
FNMA 6� Pool (PRU) $ 503,014.49
FHLMC 6� Pool c� 101.4375 (PRU)$ 283,898.36
FNMA (1994 Pool) 6 1/2� (PRU) $ 285,835.69
U.S. Treasury Money Mkt (FBS) $1,365,143.48
Gov't. Securities Fund $1,002,470.00
Zero Cpn T.Bds 7.9� -
2011(J&M) $ 197,530.00
TOTAL FIINDS AVAILABLE:
Funds Available 12/31/93
Funds Available 11/30/93
LES:kkb
$5,951,776.05
$6,886,428.58
$7,252,249.00
$
Rates Monev Market
Nov 30 Bank 2.40�
FBS 5.10�
51
50
25
46
40
47
26
27
2,08
2,12
2
,000.0.0
,000.00
,000.00
,000.00
,000.00
,000.00
,000.00
,000.00
,000.00
,000.00
,000.00
LIST OF CONTR.ACTORS TO BE APPROVED BY CITY
December 6, 1994
Concrete Coatractor License
All In Concrete
Jim Gallagher Masonry
Sxcavation Coatractor License
Murr Plumbing, Inc.
General Contractors License
Lilyholm & Lilyholm Inc.
Single Ply Systems
Spancrete Midwest Company
Viking Fence & Construction
Gas Pipiag Coatractor Licease
Doody Mechanical Inc./United Sheet Metal
SVAC Coatractors Licease
Doody Mechanical Inc./United Sheet Metal
' r • �
. ,
�
December 6, 2994
TO: Mayax and City CaunciZ
� CLAIMS L.TS2 SUMMARY:
2otaX C1aim.s
Significant C2aims
Med Centers
.� MWCC
NSP
Unusual CZa#ms
Electro Servfce
I.indberg Pierce
G S McCrossan
United Properties
hlth insurance
sewer charges
utilities
DoddJMt! Rd
City Hall final
ivy Fa11s
BDS T I grant
m
284,846
11,37[
60,738
4,378
79,244
3,522
59,892
34,QQ0
. . • i
�.;I�' n.4;' :�✓i i�M,Fy�'' �Z:: �:3Y'�Y;::: �i:;::� �(:iti.� "�t(".�<Z�` i�lh!. tiiiji{yl > : 1.1 `Gtf't 1.�2`j(���y � •
?��: �rY�': ';�r°��,'i�I � t�': "i � i�� �,�,'�}":� ,i k'; `i� . ';;�: �`4? `oi;:'r,'•t}I;>aii ; i �+1';fk•.�ih�•n�.� !r.i�k t t F : ��,� ; i
;'. .. it'Hi ^> y". r, r� F:'�i:'.�;� a� �1, u ,�, �?�
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. '.#�f° •1±' r•i ,f•• :,#.�'v,``•': ":i: �'� `:i:; .� ?'�`..'v�.�'; �� s� l;.pi ; itj •
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• � Dec 19� 12/6/94 C7�airns List 15-Engr 60-Utilities F�age 1
Fri 1:� City of Mendc�ta Heig� 20-PO1�Ce 70-parks _
' 30-Fire 80-Planning
'} 40-CEO' 85-Recyclin �
Temp Check Number 1 r 90-Anlmdl Cor1t1'Ol
Temp. �
("?
' Check .
Number Vendar Name Account Code Cornments Arnount
' i Earl F Anderson tG Assac 01-442@-050-50 signs 1k8.35 `�
1 148. 35
�� Tatals Ternp Check Nurnber 1 ' �
Ternp Check Nurnber C
•''1
2 AT&T 01-4230-@20-20 dec svc 64.65
2 AT&T 01-4210-070-70 dec svc 25.21 _.•�
2 AT�T 01-4210-@50-50 dec svc 10.53 �
2 RT&T 15-4210-m60-60 dec svc 10.52
• 8 110.91 ' �
Tat�ls i'emp Check Nurnber 2
/`l
� ' Temp Check Number 3 "
3 A B C Rer�tals Q�1-4330-49@-50 eq rent 21.40 ;••�
3 21. 4Q�
Tatals Temp Check Number 3 �
i,. )
Temp Check Number 4
4 Albrechts @1-4305-@70-70 disposal 50.@@ ��
4 5@. @@
Tatals Temp Check Number '4 �?
Temp Check Numher 5 '
�. )
5 Air Coriditioning Assoc Inc 01-4335-315-3� rprs 161.64
;:*.. ,
., 5 161.64 , ��%�
Tatals Temp Check Number 5
Temp Check Nurnber 6 �' ,
6 Alhinsan @i-4300-640-12 splys 5.96
6 Albirtson 27-4300-710-00 splys 19.01 '�
6 Albinson 27-4300-710-00 splys 10.54
18 35. 51 ` �
T�tals Temp Check IVumber 6
! Y
Temp Check Number 7 '
7 Apache 01-4330-490-50 parts 16.4@ ,
::; _ ' � ----- (�;1
� 16.40
Tatals Temp Check Nurnber 7 :,
i •
• � .� . ,
, -------•-• ,.. .,
�'
2 Dec 19� Claims 4ist p�ge � •
Fri 1:1 City of Mendata Heig�
�' Ternp Check IVurn6er 8 '��
Temp.
• Check �}
Number Vendor Narne Accoun� Code Carnments Amaunt
8 Chris Ar2and�an 05-441Q-f05-25 exp reimb 50.0�G �
�� 8 50. 00
To�a2s Temp Check SUumber 8 . �
Temp Check Number 9
. � ��
9 H& J Auto �aupply 01-4330-490-50 parts 13.80
• 9 8� J Auto Supply 01-4330-490-70 parts 13.60 ,..�
9�& J Auto 5upply 15-4330-490--60 parts 13.8'T
9 B& J Auto Supply 01-4330-490-5s parts 25.5�
9 B& J Auto 5upply 01-4330-490-50 par�s 21.39
9 B�.i Auto 8upply 02-4330-490-70 parts 22.34� `�
9$& J quta �npp2y 01-4330-490-70 parts 4.'78
.� 9 8& J Auto Supply 0�1-4330-490-50 parts 86.13
-- ----__ �
7� 201. 68
Totals Temp Check Number 9
.,�
Temp Check Number ftD
' 10 Batteries Flus 01-4305-030-30 pac set 79.65 {•��
.; 10 � 79.65
Tot�l� Temp Cheak Nurnber 10 ��..�
Ternp Check Nurntrer 11
;" �
11 F�accer Bui lt 01-4330-44@-20 parts 49. 50
11 Hauer Huilt 01-4330-490-50 parts 50.58
11 Bauer Huilt 01-4330-490-70 parts 5@3 124.01 �.�
ii Bauer T3aiit _ 01-433@-490-50 parts z6.52
="�` 44
250. 6!. �:%
7ota2� Temp Check tVumber fi
Temp Check Number 1� '
12 Baard caf Water Cammissioners 15-4428-310-60 oct svc 3.30
12 Board af Water Cammissioners 01-44zS-315-30 oct svc 9.92 � '
12 So�rd c�f Wat+er Commissianers @8-4425-000-@0 Qet svc 3.3@
12 �oard af Wa�errCoimnisaioners 0f-4425-070-i0 oct svc 4.9'7
. 12 Ba�rd c�f W�ter Cammissioners 01-4425-07@--70 oct svc 13.24 •
-6 34. 73
Tatais Temp Check Number 12 ,
"iemp Cheek Nurnher 13 �
f:'>
13 Blaeser Landscaping 01-4268-050-5@ tree planting 210.00
13 21@.Q�O � .
' Tatals Temp Check Number 13
.__�. ..._._ _ _... _�-- ,� ---�-"-^ -,-*-.. ...,. _ _._.,- --- , `""------_.._ ..._..... _ _ __._.._ ... .._�,. . . --- . ........_�»_. ._.__._... .._ r. . - .. _.._.__.._.._---_._ __.___�.�_ ...
2 Aec 19
Fri 1:1
Temp Check Nurnber
i'emp.
Check
Number Vendar Name
13
Claims List
City of Mendata Heigh,.�
Account Code
Camments
Page 3
Amount
Temp Check Number 14
�� 14 SePf He2zers Chev 0i-4330-440-2� parts 87.9� �
14 Jeff Belzer� Chev 01-4330-440-2@ parts 175.9k
.. 28 263. 91 r �
Tatals Temp Check Number 14
' Temp Check Number 15 `^�
._� 15 F3usiness Farms & Rcetg 01-43Q�0-11@-10 splys 13. itD 1.3
f5 Susiness Farms & Accig 01-4300-020-20 splys 24.35
15 Business Farms & Acctg 01-430Q1-030-30 sqlys 39.65
:-� 15 8usiness Farms & Acetg 01-4300-040-40 splys 8.05 �..�
15 L3usiness Forms & Rcetg 01-4300-2t50-50 splys if.i0
15 Business Farms & Acetg 01-430tb-070-70 splys 10.10
..� 15 Husiness Farms & Acetg Q5-430Q1-105-15 sp]ys 14.15 {..}
15 &vsiness Farms & Acetg IS-4300-@60-60 splys 8.09
..} 120 128. S9
Tatals Temp Check lVumber 15 �
Ternp Check Number 16
_' ';r)
26 Capital Cammunications 0f-433P1-440-20 �^prs 41.�8
.. 16 • 41. C5 �• }
Total� Temp Check iVumber f6
j Temp Check Nurnber 17 . `..?
Y� 17 Gity Mator Supply 01-4330-440-20 parts 289.55 r
�f. __ ------ �isJ
i 7 289. 55
Tatals Temp Check Number 17
. , t
Tetnp Check Numher 18
• 18 City of St Paul . 01-4422-Q�5@-50 cald mix 381.40 .'
18 Gity of St Paul 01-4330-440-20 rp�^s 225.00 .
18 City af St Paul 01-4330-490-70 signs I03.98
54 7 i t2►. 38
Totai� Temp Check tVumber 18 ,
Temp Check iVumber 19
,
•� 19 Cantact Mobile Cornmunicatians P!i-4330-450-30 rprs 6@.00� ��'
-.� 19 60.00
• 7atal� Temp Check Number 19
/
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. r• —;--,-�—.^�^"�
2 Dec 19" Clairns List Page 4 �
Fri 1:1 City of Mendota Heigh. '
� Ternp Check Nurntrer 20 i�
Temp. �
' Check . ��
N�imber Vendor Name Account Code - Carnments Amount
20 Gor�nect Inc Qli-4210-03�-30 oct svc 16.00 �?
w;} 20 16.0CII
.. Tot�is Temp Check Riurntrer 20 , �
Temp Check Number 21 � ��
.
21 Copy Duplicating Products 01-4305-050-5Q� oct copies 34.76
�� 34.76 '�
7otals Ternp Check Number 21
Ternp Check Numher 2� ��
� 22 County Recarder 05-4490�-105-15 oct filzng fee 19_50 {.,�
22 •
19. 50
7atals Temp Check Numtaer 22
r'}
Terop Check Nuraber 23 "
� 23 Dakota County Auditer 31-4473-870-@@ delq tax 5,085.61 �-?
23 ' 5, QM85. 61
•• Tatals Temp Check Number 23 � �.,.�
..� Temp Check Nurnber 24
. , �' �
24 James Danielson 05-44f5-2Q�S-f5 dec a12ow 120.0Qs
� 24 120.00 f.1
Tatals iemp Check Numbar 24
��' Temp Check Number 25 �"�1
25 Danko Emgcy Eq @1-4305-030-30 ff eq 79.00
25 Danko Emgcy Eq 01-43F�5-030-30 ff eq 56.00 ��.'
50 �
135.00
Totals Temp Check Nurnber 25 °. '
iernp Check Number 26
;}
26 Danner Landscaping 2?-4475-725-@0 -_r�cle-easesn #30. @0
26
130. 00 • •
7otals Temp Check Num6er 26
Temp Check Nurnber 27 _ ���
27 DenMis L}elraont 01-44i5-@2@-2tD • dec allaw 1�5.0tD
27
175. 00
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�'
2 Dec 19r Claims List Page 5 •�
Fri 1:1 City of Mendota Heigl
Te�p Check Number 27 �-
. 7ernp,
Check �
Number Vendar Name Account Code Camments ' Amaunt
Tatals Temp Check Number 27 `�
�;,� Temp Cherk Num6er 28 ,
�
28 Disec�rn of Mn Inc Q�1-4330-450-30 rprs 72,0P� '
�8 72. 00 �i
Tatals Temp Check Number 26
Temp Check Numtser �9 '�
29 W A Egan Ca 01-121Qt oil 437_63 �
�`3 437. 63
: 7ota7,z Temp Check Number 29 �
iemp Check tVumber 30
3@ Electrc Service Co E2-446@-722--@0 pymt 2 rnhldodd rd sig»als 79,243.78 `�
30 79, 243. 7$
' Tatals Temp Check Number 30 �.�
Temp Check Number 31 �
�.
31 F'ielstane Cabinetry Inc @1-4131-fG�0-20 dec prera garlack 78.00
31 ' 78. @¢� �i
Totels iernp Chec#c Nutnber 31
Temp Check Number , 32 �..�
,., 32 Fartis Benefits Ins Co @1-4132-031-30 dec prem 154.80
`�'+ -- ------ ��
3� 154. 80
Totals Temp Check hlurnber 32
�,.)
Semp Check Nurntaer 33
33 Friden Neopast . 01-420PJ-610-10 mail eq 25.30 `•..%
33 Fridert Neapast 02-420@-6f0-2Qi mail eq 25.30
33 Friders Neapast '. 05-420Qt-6i0-15 mai 1 eq 25. 3Q►
33 Friden Neopast 15-4200-610-60 mail eq 25.3�b ''
33 Friden Neopcst 01-4490-1@9-@9 rna-£-i-eq .�
---�3 0J,-4490-080-8@ m�il eq 25.26
--- ------ �....'
1� `�B 151, 76
, 7�c+tals Temp Check t+iumber 33 ,
.. �.:`1
Temp Check Number 3k
�� 34 W W Grainger Q�8-4335-0@0-00 caster 10.61 '�-•'
. . ' _,:..---� ' • • ' .
2 Dec 19� Claims List Page 6 ''�
Fri 1:1 City of Mendote Hezgh
' Temp Check Numher 34 �
Temp.
' Check ' `�)
Number Vendor Narne Account Code Camrnents Arnount
34 I0. 61 `�
Total� Ternp Check Number 34
`'� 'i�mp Check Number 35 • �
35 Group Health Inc 05-4131-1@5-15 dec prern 195.30 ,..�
35 195. 30
Tc�tals Temp Check Number 35
''i
Temp Check Nurnber 36
3E, Fidwe Flank 0f-43@5-070-70 splys 6.77 '�
36 Hdwe Hank 0i-43@5-m70-70 discount 0.64cr
._1 36 Hdwe Hank 15-4330-490-60 splys 17.48 E,.�
36 Hdwe tt�nk i5-4330-490-60 discaunt f.fi4er
144 21. 97 �
•' 7atais "Eemp Check iVumber 36 �
..� Temp Check Number 3�
:)
37 I 0 S 01-433fd-49tD-fQs c+ct mtcn 38.5Q�
37 I 0 S 01-433�-460-a0 oct rntcn 38.50
• 37 1 4 S 02-4330-445-40 oct mten 38.5@ {»�
37 Z 0 S P3f-fi330-490-5@ act mten 38.5Qi
37 I 0 S 01-4330-490-'70 oct mten 38.50
' 37 I U S ' 'rb5-4330-490-15 act mten 38.50 ��
37 I O S 15-4330-490--60 oct mten 38.50
37 T 0 S Q11-4490-109-09 oct mtcn 38.50
37 I O S @1-43@0-@8@-80 act mtcn 38.40 `•'
� 333 346.40
Totais Temp Check Number 37 �.�
Temp Chack Number 38
38 Interstate Aiesei Q�i-433Q1-490-50 RARTS 1�3. Qt�
38 123. @2 �
Tatais Temp Check Ptutnher 38
Temp Check Nurnber 39 �
nvention Teehnalogy Q�5-440�-105-15 renewal 18.0@
39 18. 00
. Tatals Temp Check hlumber 39
�,. �
Temp Check Numher 40
ti0 I»ver C,rove �ord @1-4330-490-5@ rprs � 351.24
___,....._._--�,....- r—'....---_ ' . —'--y;_._.tie.._.,,. ...._..._ . _._. . ' , ---�^ ' ' "_..,. _'—'—'_' ,--^...._ _._..._.�"'.. ' " . . r. , .___ ...._...' '--- ^'^ — -- ' — ---
A:
� 2 Dec 19`` Cleims List Page 7 �'
Fri 1:1', City af Mendata Neigh_
� iemp Check Number 40 �
y} Temp.
Check �
- Number Vendor Name Account Gode Camments Rrnount
� ,r��t 352.24 �
Tatals Temp Check Number 40
�� Temp Check Nuroher 41 �
4f I 7 L F�tch Ca 01-4305-Q�20-20 shoulder ernblerns 324.00 ��
41 . 3^c'4. Q�Qi
..,} Tc�tals Temp Gheck Number 42 .-�
Temp Check tVumber 4�
� 42 Paul Kaiser 01-4268-150-30 nGv �vc 1,281.k@ '�
� 42 2 � 281. 40 �..�
Tatals Temp Check Number 48
Temp Check Nurnber 43 �•�f
h3 Krrcttson Rubbish Service 08-4335-000-00 nov avc ' 68.86
�� 43 . `,y
68. 66
Tatals 'Temp Gheck Number 43
•�'• Temp Check Nurnber 44 . �.7
...t 44 7harna� Knuth 98-4415-704-@0 exp reirnb 61.19 �..�
.. 44 Thamas Knuth ' '16-4425-$42-00 exp reirob 47.56 --
44 Thorn�s linuth 22-4415-i12-0fb exp reimb . 45.53
; 44 Thomas Knuth 05-4415-105-15 exp reimb 10.00
- 44 7haraas Knuth 15-4210-060-fi@ exp reimb 5.22 :t
220 169. 50
�� 1'atels Tetnp Check Number 44 €'''�
Temp Eheck Nurnber 45
. ,�a
4S L E L S 01-�075 dec dues 275.@0
, 45 E75. @0 i �
Tatals 7emp Check Number 45
• Temp Check Num6er 46 `
46 �eague oF Mn Gities 01-2Q+74 dec prem 579.96
46 League of Mn Cities 01-4131-020-20 dec prern 941.56 '••`
1 92 1� 521. 5�
� Tatals 7ernp Check Number 46 {
Temp Check Number 4?
47 l.agerquist Carp 08-4335-000-00 ciec svc 90.60
. _ .. . .. .__.- ----.. _.. .. . .._ �.... .. �.---�.___..,.. _ . ....• -- -- --• :- - ....... ...... ...-• - - _. __.._. - -- - - -- _.,,,•
- _ _ ,�,..�,�.r, . - . � . ��.�.r^M.
:+%�
2 Dec 19`
Fri Sa1
Ternp Check Number 47
Terrtp.
Check
Number Vendor Name
47
Tatal� Temp Check Number
Temp Check Number 48
48 Lf»dberg Rierce
48
7c�ta2s 3emp Check Nucnber
Ternp Check Number 49
49Life USA
49 Life U S A
49L.ifeUSA
49 �ifeUSA
49 Life U S A
49 �ifeUSA
294
Tatals Temp Check Nurn6er
Temp Check Number 50
50 MS Thamas Lawell
50
iata2s ierop Check Number
Temp Check Nurnber S1
SI Lincoin Benefit
51 Lincoln Benefit
51 l.incol» Benef it
153
ic:talz Temp Cheek iVumber
Temp Cherk Number 52
5z C S i�'ic Crosaan Const
52
Claims L.ist
City of Mendata HeigF,
` pccaurit Code
47
08-4�2@-@00-00
48
01-4131-020-20
01-4131-050-50
05-4f31-IQsS-25
15-4131-060-60
01-4131-070-70
01-4131-ii?!-1@
49
?tl-44f5-11@-20
50
01-2074
01-4131-020-20
@1-4131-23tb-10
52
29-4450-834-00
Cornment s
fin�i fee city hall
dec prem
dec prern
dec prem
dec prern
dec prem
dec prem
dee a22aw
dec prem
dec prem
dee prem
pyrnt 5 ivy falls
P�ge 6
Amaunt
9@. 60
3t 522. Q�0
3y S2'�c. 4�0
322.30
185. 66
22i.5?
252. 70
190. 66
f 44. T!II
1 a 317. 61
i75. YJ0
275. @2+
40. 00
363.8�
127. 94
531. 76
59� 89i. 80
S�`Ei91. 80
iotals Temp Check i+tumber 52
t1
Temp Check Number 53
• 53 Med Centers H P 01-2074 dec prem 2, A74. 09 �:`�
53 Med�Cenbers H R 01-4131-110-10 dec prem 1,293.1�
r ,
f,,; �
_»_.. _.. , _�_."" r_"._. ,' " . ,... . . .'� ..._._._ . .._ ..__ , .-...-..�. .— . . • . �r_......,_ .. ."'„r^;r------{.."'_'"' ...... .:c.. _"..-.. --,.._,. ` ......�_.. .. _ _
..�.-�—..��_
2 Dec 19 Clazms List
Fri 1:1 City of Mendota Heigh._
' Temp Check Number 53 >
•}�
Terop.
Check
Number Vendor Narne Accourit Code
53 Med Centers H R QFI-4132-020-20
53 Med Centers H P 01-4131-040--40
53 Med Centers H P 0f-4131-050-50
53 Med Certters F! R tDi-4f31-F17tD-70
53 Med Cet-iters H R 05-4131-105-15
53 Med Cer+ters H F' @$-4131-@0@-CC}0
53 Med Centers H P i5-4i31-06Qt-&0
477
Tatals Temp Check Nurnher 53
Temp Check Number 54
54 Mendata Height Ladies Auxillia Q�1-44�0-030-30
54
T6'EdI5 Temp Check hlumber 54
ierop Check Nurnher 55
55 Micra Flex Q�1-4305-@2@-20
55
7ata1� Temp Check Number 55
Temp Checic Number 5&
56 Metro Waste Control �15-4449-@64�-60
56 Metres Waste Cantrol 17-3575
ziz -
Tai�ls Ternp Gheck Narnber 5&
Temp Check Number 57
57 Minn Gellular Tele Co 01-4210-@20-20
57 Minn Cellular Tele Co 01-421@-@30-30
57 Mirrr� Cellular Teie Ga Qt1-4210-if0-iQ
171
Tatals Temp Check Number 57
Temp Check Number 58
58 Mirinesat� Dept aF Comrnerce
58
, iotais Temp Check Number
Temp Check 1Vum6er 59
59 Minn Dept of Revenue
Q�5-4490-105-IS
58
@1-4320-050-50
Camrnent s
dec prem
dec prem
dec prem
dec prem
dec prern
dec prero
dec prem
exp reimb
splys
dec svc
dec svc
dec svc
dec svc
dee svc
notary renewal
oct fuel tax
P2ge 9
Arnaunt
2, 587. 68
648. @0
i � 457. 28
807.84
1, 457. 28
161. �S
485.28
ift37i.85
210. 95
22 @. 95
193. 50
193. 50
fa3= 534. @0
2,796.00cr
60,�ae.om
10. i4
16. 05
21.43
38. 2E
64. 00
64. 0@
31. 80
�..
.
. ..
. .
• � ._:.-.-:-..�..-.--..•.,�.-�---�-•
.-.-.—�-,---• . .. . . . . . _ _ , . .
2 Dec 1�" Claims �ist Page 10 �
Fri Ss1 City of Mendata Heigt �
� Temp Check Nurnber 59 �
, Temp.
Check ri
Number Vendar Narne Account Code Camments " Amount
�'� 31. 8� �
Totals Temp Check Num6er 5"�
�h
� Temp Check hfumher 60 ' �
60 Minn Mutual Life Ins 01-2074 dec grem 197.20 ,.�
6@ Minn Mutual �ife Ins Qt2-413i-f #0-ftD dec prem ' �6.80
64� Minn Mutual Life Ins @1-4131-020-20 dec prem 11.55
60 Minn Mutual Life Ins 01-4131-070-70 dec prem 4.12 ,_�
6@ Minn hlutua2 Life Ins @8-�23f-@00-00 dec prera f.90
. 300 241. 57
Tota2s iemp Check Nurnber 60 '�
..� Temp Check Number 61
{"'}
bi Minnesoia Etenefit Assn 01-2td7k dec prem 641.0'9
61 Minne�ota Benefit Assn 01-4131-110-10 dec prem 38.81 ...�
61 Minnesata Benefit Rssn Q+f-4131-020-20 dec prem 36i.17 �•
61 Minnesota Benefit Assn @f-4i32-05Q-S0 dec prern 44.52
61 Minnesat� T�enefit Assr� 01-4131-070-70 dec prem �11.06 �.�
•' 61 Minrte�ata Henefit Assn 05-4131-f05-25 dec prern 53.53 -
51 Minnesat� Eter�efit Assr� 15-4131-0fr0-6@ dec prem 45.51
• � k27 1, 395. 69 �.�
Tatals Temp Chec{t Number 61
Temp Check Nurnber 6� • � �.�
62 Mirmesota Teamsters Laa 3�0 @1-2078 dec dues �73.00
_.-_-__ i
�� �C73. 00
Tatals Temp Check htumber 62
� �;J
Temp Check Nurnher 63
63 Minnesata Taro Inc 01-4330-490-?0 parts 828.52
6� 828. 52
Totals Temp Check Number 63
Temp Ghec€c 1Vumber 64
64 Motar parts Servire Q!]�4.330s490�0 ba•IaMce-inv-2'68fi6
64 Motor Parts Service Qi-4s35-310-5fl parts 14.24
64 Mator Rarts Service 01-4335-310-70 parts 14.24
64 Motor parts 5ervice Z5-4335-310-60 parts f4.24
64 Motor Parts Service 0f-4330-490-50 parts 45.00
� 64 Mator P�rts Service 01-4330-490-70 parts �C69.35 t'
64 Motor F'arts Service @1-433@-490-70 parts �c3.90
_....---• -- . -_... . __ -----.. .c•-....._. _. .. ._ ., . ._..._�_._...__ _- � _ , , . _ .. _ . _ ,. -. , ..... .. ._... ..__...._ ----_._..__._. . , ._..._.__.. , __...... _ ._......_ _._ _ _ .----
�,--:s:.. � , , . . • _ . . . . . -
� 2 Dec 1� Clairns List
Page 11 �
Fri 1:� City of Mendota Heig�� _,
`� Ternp Check Number 64 �
...� Temp.
� • Check �
Number Vendar Narne Account Code Cornrner�ts Amount '
` 64 Motar Parts Service 01-4330-490-70 p�rts 5.60 �
64 Motor Parts Service 01-4330-490-70 34.50
�.�,T, 64 Motar Parts Service 01-4330-440-20 parts 35.57
�' 64 Motor Rarts Service 01-4330-44@-20 parts 17.85 �
_64 Matar Parts Service 01-433@-490-70 parts 59.45
768 534. 67 ' �1
Totals Temp Check Nurnber 64 '
� Temp Check Number 65 ;1
-•.a 65 Motor Rarts Service @1-4330-490-70 parts 41.25
• 65 Motor Parts Service 01-4335=310-50 parts 9.30 '`•7
65 Motor Parts Service 01-4335-310-70 parts 9.30
;.� _65 Motor Parts Service 15-4335-310-60 parts 9.30
260 ----- n
:^� Totals Temp Check Nurnber 65
63.15
C•)
Temp Check Number 66
._�
�•' 66 Minn Wanner Ca 01-433@-490-70 parts 135.47 (1
66 135. 47
�� Tatals Temp Check Number 66 ._ ��
:� Temp Check IVurn6er 67 � �
�..)
67 Naturai Landscape 29-4460-834-00 re ivy falls 151.25
... 67 151.25 f 1
Tatals Temp Check Number 67 -
'� Temp Check Nurnber 68 ��
; 68 John Neska 15-4410-@60-6@ bal 94 allowance 56.64
68 ----- �.'
Totals Temp Check Number 68
56. 64
� � ri
Temp Check Nurnber 69 ••
• 69 Northern 01-4305-@7@-70 splys 183._1� �1
69 North rn 0•1�4�3@-490-50 sp ys 149.08
69 Northern 01-4305-070-70 splys 72,0g
2@7 ------ �'
Tatals Temp Check Number 69
404. 32
... �,.? - -
Temp Check Nurnber 70
� 70 Northern State Power 01-4212-315-3@ dec svc 167.49
. . . .---- --
. .... _._.... _. .
y. . ...-•-• -- -... . _._ .. . _ --- . .._
�''•�"�"' . •t . .. - -. .. ._ - ��.�.r�,e• - - _
2 Dec 19� Clairns List P�ge 12 ^
Fri 1:1 City af Mendota Heig�. �
`�' Ternp Check Nurnber 70 r;
-� Ternp.
� ' Check � ; -�
Number Vendar Narne Account Code Cornrnents Arnount
� 70 Northern State Power 01-4212-310-50 dec svc 168.06 �
70 Northern State Rower @1-4212-31@-70 dec svc 168.�6
�� 70 Northern State Power 15-4212-310-60 dec svc 168.02
7@ Northern St�te Rower 01-4212-320-70 dec svc 41.23 t.a'
70 Northern State Power 15-4212-400-60 dec svc 27,�g
7@ Narthern State Power 08-4212-Q00-0@ dec svc 3�3.93
70 Northern State Power 01-4211-315-30 dec svc ��g,66 "'1
72 Northern State Rower @1-4211-310-50 dec svc 1g2,�7
70 Northern State Pawer 01-4211-310-70 dec svc 182.07 '
7@ Northern St�te F'ower 15-4211-310-60 dec svc 182.08 `�
_70 Northern State Rawer 28-4211-000-00 dec svc 68g,gg
840 2� 680. 00 �1
Totals Temp Check Number 70
Temp Check Number 71 �7
71 Northern State F'ower @1-4211-300-50 dec svc 395.27
71 Northern State Power 08-4211-0@0-00 dec svc 851.19 ?
71 Northern State Rower @1-4211-320-70 dec svc 203.29
71 Narthern State Power 15-4211-400-60 dec svc 153.19
' 71 Northern St�te Fower 01-4211-420-50 dec svc 74,21 :�}
71 Northern State Power 01-4212-320-70 dec svc 14.91
_71 Northern State Power 01-4211-320-70 dec svc 6.20
497 -------- '•.._)
Tat�ls Temp Check Number 71 �
1, 698. 26
Temp Check Nurnber 72 �� �
72 Northern Air Corp @8-4335-@0@-00 rprs 87,g� t,'1
72 87. 50
�'� Totals Temp Check Number 72
G�?
Temp Check Nurnber 73
�
73 Oakcrest Kennels 01-4221-8@0-90 nov svc 290.00
_73 O�kcrest Kennels 01-4225-800-90 nov svc 417.01
146 707.01
Totals Ternp Check Number 73
Temp-@heck-Nam
74 F�age Electrical 01-4330-46@-30 rprs 27@,�7 '
.. 74 270. Q7
Totals Temp Check Num6er 74 C;� -
Ternp Check Nurnber 75
75 F�ilgrim Cleaner @1-4410-020-20 �un thru nov cing 549.59
• •.----�- - -------�- - --. . . . -- : -- �------- - ----- -- - - - - -- -- ----- - - -- - -- - = -. •- - —�._..�- .
' 2 Dec 19"
Fri 1:1
Temp Check Nurnber
Ternp.
Check
Number Vendor Narne
x
75
Ciairns List
City of Mendota Heigl
Account Code
Comments
Page 13
Amount
�
75 ---- ''�
� Tatals Temp Check Number 75
549. 5�
Temp Check Number 76 �
76 Jirn F'errcn 01-4400-030-3@ exp reirnb fire schl 166.62 ��
_76 Jim Perron 01-4415-030-30 exp reirnb 55.10
. 152 221.72 �
Totals Temp Check Nurnber 76
Ternp Check Number 77 �
,� 77 Principal Mutual 01-2@71 dec prem 189.84 �
77 Principal Mutual � 01-4132-020-20 dec prern 153.95
_77 Princip�l Mutual 01-4132-@50-50 dec prern 28.52
231 372. 31 • ''.��
Totals Temp Check Nurnber 77
' Temp Check Number 78 t-�
78 Rublic Empl Ret Assn @1-2074 dec prem 72,0@
• 78 Public Empl Ret Assn 01-4131-110-1@ _ dec prern g,0� �„)
78 Fublic Empl Ret Assn 01-4131-050-50 dec prern 12.00
_78 Public Empl Ret Assn 01-4131-020-20 dec prern 12.00
� ------ i )
312 1@5.00
Tot�ls Temp Check Nurnber 78
. ,i
Temp Check Nurnber 79 ''
��� 79 Brad Ragan Inc 01-4330-490-70 tires 430.05 ;:�
79 Brad Ragan Inc 01-433@-490-50 tires 186.42 '
158 616.47 `•.)
Totals Temp Check Number 79
Temp Check Number 8@ �•�
80 Rochester Fire Dept @1-4400-@30-30 fire ch canf 1@5.00
-- ------ !� }
80
Tatals Temp Check Number 8@ '
Temp Check Number 81 �
�_ 81 Sharnrock Cleaers @1-441@-020-20 oct cing � 109.03 �:.�'
81 109. 03
Totals Temp Check Number 81 •
0
�i' - . . . . • . „ . _ , w ._. ._. , � . .�... " -.. .. " '_. .
�"
2 Aec 19� Claims List Page 14 ?
Fri 1:1� City of Mendota Heigh
Temp Check iVumber 8Z "�3 e
� Temp.
Check ��
Number Vendor Narne Account Code ' Comrnents Arnaunt
82 Seven Corners Ace Ffdwe 0i-4305-II17Q-i0 sp2ys 21.63 �
82 . 22.63 �
� Totals Ternp Check Num#er 82
Temp Check Number 83
'` i
83 L E Sh�ughnessy Jr @1-4220-132-10 nov avc 3,084.50
8s L E Shaughnessy Jr @5-4220-132-15 nov svc 307.95 _�
83 E. £ Sh�ughrressy Jr iS-4c�0-13z-60 nav svc 486.00 �
83 L. E Shaughnessy Jr 21-4220-132-00 nov svc 365.75
.. 83 L E Shaughrressy Jr 03-4220-132-00 � nov svc 404.20 ;..�
83 L. £ Si�aughnessy Jr 29-�i220-i32--�0 r�ov svc � f63.60
498 4,8i2.00
� TQt�lIS Temp Check Nucnber 83 . t,"�
Temp Check Number 84
."�
84 Southview Chev 01-4330-490-80 parts 30� 64.2�
-y 84 Sauthview Chev 01-4330-490-70 parts 3fd2 111.49 ._�
84 Sauthview Chev 01-4330-440-20 rprs 16.00 �
^c52 191. 76 ,`..�
� Tatals 7emp Gheck Num6er 84 -
Temp Check Nurnber 85
i , '�
85 St�te Mutual Ir,s 01-2fl74 dec prem 143.If
85 8tate Mutual Ins 01-4131-020-�0 dec prern 1�40.00
' --- ------ . . f
i 70 283. 11
� 7otals Temp Check Numtaer 85
ft `,)
'c
Temp Gheck Number� 86 '
86 Sym�ntec Corp 01-4301-030-30 software 39.90 •�
86 3�. 90 '
Tntals Ternp Check Number 86 ��
.
Terrsp Check hlurnber 87
g7�t g Wc�e+ rttrn �ni e+a +�+�.y�,�.,_z 1�--42iFl--•110-1• e 3s5. 7?
87 U S�iest Cornmunicatian� 01-4�i0-020-2rD nov svc 494.60
87 U 8 West Communications @1-�r210-040-40 nov svc 58.82
87 U S West Communications 05-4�10-ifb�-15 ttov svc f83.05
87 U S YJest Cammunicatians 15-42fQi-060-CR! nov svc , 350.04
� 87 U S West Communications 01-4210-030-3@ nov svc 144.53 �'�
87 U S West Cammunicatian5 0l-4210-050-50 nov svc 38.80
..�.---•�_. ._ ... „ _'y""'_.a. ._.-._._..__.�_,....r-..-.... _ __... ,. ..__ .,..—._.._. _.._. ' '_ ' _' _
• 2 Dec 19`
Fri i :1'�
� Temp Check Number 87
.., Ternp. �
Check
Number Ver�dar Name
87 U 8 West Camrnunications
.�, 646
� Tata2a Ternp Check Rlumher
. Temp Gheck Number 86
88 United Way �'at P�ul
Claims L,ist
City of Mendata Heigh.
Account Code
01-4210-070-70
87
01-2070
Cornrnents
nov svc
dec contr
Page 15
� Arnount
__91_03
i T 696. 65
126.75
r
' 8$ 'i 12b.75 �
7atals T�mp Check Number 88
�• Ternp Check Numher 89 �
-� 89 Un'ited PY'opel^tjes 16-422Q-12@-@0 re bds sail carrectian ' 34�@00_@0 t,-..�
89 34� 000. 00
- . Tatals Temp Check Number 89 �'•7
Temp Check Nurnber 90
- 90 Dorance Wicks 01-44@0-@2@-20 tu'stiQn & credit reimb 233.32 �
., 9@ ' 233.3�
� Tatals Temp Gheck Number 90 �]
� „.
.�
_ Temp Check urnber 91
..' �v; • l'. )
91 R B Whitace 1G Ca 18-4330-490-60 parts 147.19
91 R B Whitace & Co 01-4330-215-70 parts 56.66
' --- ------ �..,!
182 �iII3. 8�
},� Tot�ls Ternp Check Number 91 �
r
Temp Check Number 92 • ,
• 92 Zee Medical 9vc 15-43@5-060-60 splys 22.10 '�•.�
92 22. 1 P�
Tatals Temp Check Number 92 ��•}
• ----- ------- �
284� $A5. fs2
6rar�d Tat a 1 .
�..r�
, _ ' �.�
:�
ti
- - -. .._ .. . . _ _ .__..---•-�---... . _ _�_..._._ _ .. ... _, __ ___...._._._ _. . ..__._ ' . , � - --- ---
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....._ �.,s.....
. . . .
. . . . . �...�.�.,� � - • .
. , ._._...:.:.- ' � ,
�
MANUAL CHECKS
14942 19Q.40 Springsted Inc
14993 3,306.08 Sta�e Capitol C U
14994 555.OQ Oakata County �ank
14995� 256.SQ Dakota County
14996 405.00 Minrr StateRetirement
14997 50.40 Great Wesiern Annuity
14998 838.00 Minn�Mutual �
14999 .1,15Q.82 ICMA '
15Q04 23.84 PERA
15001 8,802.76 "
'� 250d2. 3,536.02 Comm Reve�ue
15003 15,292.73 Aakota'County �ank
15004 46,266.i7 Payroll a/c� �
.150d5 '2,982.87 Rayr6li aJc.
150Q6 '20.Q0 Ham]ine U
15007 3,306.08 Stdte•Capitol.0 U
15aos 13.84 PERA.. . .
15n09 8,791.03 "
.15010 '5Q.00 Great Western Annuity
35411 h05.00 Min»�State�Retirement
15012 763.00 Minn'Mutu#3� " ' '
15d13 3,454.5Q ICtdA ' '
15014 256.80 Aakota Connty
15Q15 . 50.00 Fede1^at Reser.ve Bank
15016, .555.00 Dakota Caunty Bank
= 15Q17. 3,520.97 Comm'Revenue '
�5018m15,568.44 Daknta�County Bank
150I9 47,312.:77 Fayroll aJc '
167,7i3.52 .
6.1'. 452,559.I4
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. • i
CITY OF MENDOTA HEIGHTS
MEMO
November 28, 199�
T0: Ma or, Cit Council and Cit Admini t ato%"
Y Y Y
FROM:
SUBJSCT:
Lawrence E. Shaughnessy, Jr., Treasurer
Budget and Truth in Taxation Hearing
DISCIISSION
In September, the Council approved a preliminary taxllevy and
budget to be finalized following a public hearing on December 6.
Approximately two weeks ago the Dakota County TrE
Office mailed to all property owners in the City thei
specific "Truth in Taxation" notices. These notices
indicate the anticipated property tax bill for each prope:
with the various upcoming budget hearing dates for the Cit:
and School District. To date, we have received no ca
property owners inquiring about the hearing or tax levy �
During the budget hearing, I will be prepared to gi
presentation on the City's proposed budget and tax levy
RECONIl�NDATION
Conduct the public hearing on the proposed levy and
make any necessary adjustments.
This year we are required to adopt the Levy and
subsequent hearing with the date and time to be annou
hearing. I recommend that the date and time of the
hearing be held at 7:30 P.M. on December 20, 1994.
ACTION REQUIRED
Announce the subsequent hearing to be held at 7:30
Tuesday, December 20, 1994 for the purpose of adopting t
levy resolution and adopt the proposed budget for 1995.
LES:kkb
�surer's
• parcel
clearly
ty along
, County
ls from
nounts .
a brief
r 1995.
and
�t at a
at the
sequent
P.M. on
Ze f inal
t
CITY OF MENDOTA HLIGHTS
DAROTA COIINTY, biINN�SOTA
RESOLIITION NO. 94-
RSSOLIITION APPROVING FINAL 1994 TAX LEVY COLLFsCTIBLL IN 1995 AND
ADOPTING PROPOSSD BIIDGisT FOR 1995
�HEREAS, the City has previously adopted a Tentative Tax Levy
Resolution No. 93-47 which was subject to revision at the time of
the public hearing; and
�9HEREAS, the City has conducted a public hearing on December
6, 1994 and a subsequent hearing on December 20, 1994, on the
tentative budget and tax levy.
NOW THERLFORE BE IT RESOLVLD that the City Council adopt the
following levy for tax against all taxable property in the City of
Mendota Heights for collection in the year 1995.
General Fund
Emergency Prep.
Fire Relief
Infra Structure Res.
Watershed District
Legal & Contingency
Levy Subject to Limitation
Special Debt Levies
Park Bonds
MWCC Deb
Improvement Bonds
Equipment Cert.
Total Special Levy
Total Levy
Less HACA Aid
$2,322,204
1,000
18,900
50,000
-0-
60.000
$2,452,104
$ 320,000
30,000
17,400
S 100.000
$ 467,400
$2,919,504
S 468,056
Net Certified Levy $2,451,448
BE IT FURTHER RESOLVED that the budget as proposed is deemed
to be practical and reasonable to maintain the City operations and
is hereby approved.
C {
The Clerk is hereby instructed to transmit a certif
this Resolution to the Dakota County Auditor.
Adopted by the City Council of the City of
this 20th day of December, 1994.
ATTEST
Rathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto
Mayor
copy of
Heights
GENERAL FUND
ANTICIPATED EXPENSE
City Council
Administration
Elections
Police
Fire
Code Enforcement
Road & Bridge
Parks
Planning
Recycling
Animal Control
1994 1995
19, 990 19, 990
522,900 545,460
38,710 21,410
1,209,680 1,285,500
230,990 223,020
125, 740 128, 060
408, 630 434, 850
327,280 373,460
65, 500 66, 520
13,200 15,430
7,200 7,200
2,969,820 3,120,900
%
0.0%
4.3%
-44.7%
6.3%
-3.5%
1.8%
6.4%
14.1 %
1.6%
16.9%
0.0%
5.1 %
< ;
GENERAL FUND
ANTICIPATED REVENUES
Tax Levy
Licenses & Permits
Fines !
,i
Charges for Services
�
I
Fund Transfers
I
Intergovernmental
1
Miscellaneous
I
�
Waste Management
�
1994
2,193,150
� 193,270
37,700
308, 900
� 21,500
118,000
90,300
7,000
2, 969, 820
995
2,32 ,200
181,870
32,200
325, 830
20 500
142 000
85 300
11 000
3,120�900
General Fund
Legal & Contingency
Emergency Preparedness
Fire Relief
infrastructure Reserve
Watershed District
M.W.C.C. Debt
Equipment Certificates
Park Bonds
Improvement Bonds
L��:/_[�_T_1�['_l
TAX LEVY
1994
$2,193,150
72,000
1,000
16,900
50,000
10,000
30,000
82,000
320,000
17,400
1995
$2,322,200
60,000
1,000
18,900
50,000
0
30,000
100,000
320,000
17,400
(465,160 (468,050
*Denotes Special Levies �
New construction growth 4% est.
%
Change
5.9%
-16.7%
0.0%
11.8%
0%
33.3%
0%*
21.9%
0%
0%*
.6%
G F
Engineering �
� Gross Revenues
Expenditures
Personal Services
Contract Services
Commodities
Other Charges
Capital Outlay
Total Expenditures
Sewer Utility
Gross Revenues
Expenditures
Personal Services
Contract Services
Commodities
Other Charges
Capital Outlay
Enterprise Funds
308,120
71, 950
11,250
7,050
0
$398,370
94,780
69,350
28,900
868,530
0
1995
319,750
72,150
11,250
7,050
4,000
$414,200
97,370
75,230
34,900
968,440
0
Total Expenditures $1,061,560 $1,175,940
*Includes 5% rate increase effective April 1 billing
Storm Water Utility
� Gross Revenue
Expenditures
Personal Service
Contract Service
Commodities
Other Charges
Capital Outlay
�i ••-
7, 050
14,000
43,200
200
1,200,000
$1,264,450
1995
7,270
23,190
73,200
1,700
52,500
$157,860
$455,200
>1,152,000*
$158,500
T �
City Councii
Administration
�
�
Elections
I
�
Police �
Fire
Code Enforcement
Road & Bridge
i
�
,
Parks f
�
,
Planning �
�
,
�
Recycling
G
Animai Control
GENERAL FUND
ANTICIPATED EXPENSE
1994
19, 990
522, 900
38,710
1,209,680
230, 990
125, 740
408,630
327,280
65,500
13,200
7,200
2,969,820
1995
19, 990
545,460
21,410
1,285,500
223, 020
128, 060
434,850
� 373,460
66,520
15,430
7,200
3,120,900
�a�. ��� .
�
%
0.0%
4.3%
-44.7%
6.3%
-3.5%
1.8%
6.4%
14.1 %
1.6%
16.9%
0.0%
5.1 %
i '�
c ,
GENERAL FUND
ANTICIPATED REVENUES
Tax Levy
Licenses & Permits
�
I
Fines i
i
i
Charges for Services
�
Fund Transfers
i
Intergovernmental
Miscellaneous
,
Waste Management
1994
2,193,150
� 193,270
37,700
308,900
� 21,500
118, 000
� 90, 300
' � 7,000
2, 969, 820
2,
995
200
181 870
32 200
325 830
20 500
142, 000
85, 00
11,000
I
3,120,�00
General Fund .
Legal & Contingency
Emergency Preparedness
Fire Relief
Infrastructure Reserve
Watershed District
M.W.C.C. Debt
Equipment Certificates
Park Bonds
Improvement Bonds
Less HACA Aid
*Denotes Special Levies
TAX LEVY
1994
$2,193,150
72,000
1,000
. 16,900
50,000
10,000
30,000
82,000
320,000
17,400
il
1995
$2,322,200
60,000
1,000
18,900
50,000
0
30,000
100,000
320,000
17,400
New construction growth 4% est.
%
Change
5.9%
-16.7%
0.0%
11.8%
0%
33.3%
0%*
21.9%
0%
0%*
.6%
t� f
S ;
Engineering
I Gross Revenues
Expenditures
Personal Services
Contract Services
Commodities
Other Charges
Capital Outlay
Totai Expenditures
�
Sewer Utility
� Gross Revenues
�
j Expenditures
Personal Services
! Contract Services
� Commodities
� Other Charges
� CapitalOutlay
Enterprise Funds
1994
308,120
71,950
11,250
7,050
0
$398,370
94,780
69,350
28,900
868,530
0
1995
319,750
72,150
11,250
7,050
4,000
$414,200
97,370
75,230
34,900
968,440
0
Total Expenditures $1,061,560 $1,175,940
*Includes 5% rate increase effective April 1 billing
Storm Water Utility
� Gross Revenue
.�
Expenditures
Personal Service
Contract Service
Commodities
Other Charges
Capital Outlay
�i ••-
7,050
14,000
43,200
200
1,200,000
$1,264,450
1995
7,270
23,190
73,200
1,700
52,500
$157,860
$455,200
�1,152,000*
$�158,500
TO:
CITY OF MENDOTA HEIGHTS
Mayor, City Council and City A
�� �
FROM: � Marc S. Mogan, P.E., Civil Engineer MSr�I
SUBJECT: Friendly Hills Feasibility Report Information Update
� 7ob No. 9221
Council was presented and accepted a feasibility report for the Friendly Hi
Reconstruction project at the November 15, 1994 Council meeting. Please attach
this update �and have it available for reference at the December 6, 1994 public hea
need a copy of that report, please contact me. There has been some concerns rais
regard to the funding and assessment approach and its implications as proposed in
Friendly Hills Feasibility Report.
Onel of the primary goals of the Street Rehabilitation and Reconstruction Po
City adopted was to encourage neighborhoods to upgrade existing non-standard stn
Standard Streets with concrete curb and gutter and storm sewer. The assumption �
goal could be achieved if the City would be willing to fund some of these additiona
effort to reduce the assessments against the pmperties to an acceptable and defensit
In this case; City funding assistance is necessary for the project to be economically
The City's first attempts in following the adopted Street Rehabilitation and Reconst
Policy occurred when the City �prepared the original Friendly Hills Feasibility repo:
resulted in assessments of $3,750 -$3,500 per lot: This assessment amount was su
rejected as being too expensive.
At this point it appeared as though there was insuff'icient City economic assi
the adopted policy to encourage the construction of City Standard Streets in this nei
and Council adopted a moratorium on street construction. At the end of the moratc
Council established a task force to review all of the neighborhoad issues relative to
improvement project including that of cost. The task force was of the opinion that
the overriding factor in opposition to this improvement project.
2, 1994
5treet
�t report to
g. If you
with
� current
cy that the
ts to City
s that this
costs in an
; amount.
which
in
was
City Staff gave consideration to a proposed assessment of $3,090 per lot by � litting the
entire project cost on a 50/50 basis with the city. Although this savings amounts to�$410 per
lot, it is only a 12 percent reduction ia the proposed $3,500 per lot assessment for Friendly
Hills 1 st Addition. While this reduction would be viewed favorably by the Friendly Hills
neighborhood, in our opinion, it would not be sufficient to change public opinion to support
the project. The only other cost saving measure available for this pmject would be to exclude
MSA eligible costs from the proposed assessments. By subtracting these costs from the total
assessable costs, the proposed assessments can be reduced to $2,700 per lot. It was the
opinion of the Friendly Hills Task Force, that there would be much stronger support for this
construction project at that assessment amount. This assessment amount became the primary
factor in the Friendly Hills Task Force's recommendation for the construction of City Standard
Streets. .
There are obvious financial implications which will affect the City in following the
fuading and assessment approach as pmposed. Departing from the adopted policy will cost the
City money. If the adopted policy, which states that the homeowner be assessed for storm
sewer, concrete curb and gutter, and the cost of a bituminous overlay, were followed and
MSA eligible costs were assessed, the City's contribution would be appmximately $713,000.
If the City were to assess all MSA eligible costs and split the total improvement costs with the
properiy owner on a 50/50 basis, the City's contribution would be approximately $856,000. If
the City follows the recommendations in the Friendly Hills Feasibility Report, the City's share
would be $955,000, before receipt of the estimated MSA cost participation contributions. At
the present time, there are insuff'icient funds in the Infrastructure Reserve Fund to fund this
entire improvement under any of the referenced scenarios. The City would need to bond to
cover the construction costs for this improvement project. The bonding debt incurred from
this project would be retired with funds from the Infrastructure Reserve Fund which presently
is budgeted at $50,000 per year.
Another area of concern which was expressed is how the expansion of the storm sewer
assessment area to include the properties abutting Dodd Road may affect possible future
improvement project options along Dodd Road. Due to the fact Dodd Road is a state
highway, and state highway improvements are not assessed against private property, inclusion
of the pmperties along Dodd Road for storm sewer assessments therefore should not adversely
affect any future City improvement project funding options. Furthermore, tributary drainage
areas outside of the Friendly Hills assessment area will not be materially affected as a result of
these improvements. ,
RECOMIVV�NDATION:
City Council needs to consider all written (see attached) and verbal public input in
addition to any information that 7im Danielson or myself may offer relative to the project at
the upcoming public hearing. I recommend that the City Council adopt the recommendations
of the Friendly �iills Task Force, and order the improvement project as proposed in the
Feasibility Report at an estimated assessment of $2,700 per lot. Subsequent to the
consideration of bids for this improvement project, I recommend that a workshop be held to
review and re-evaluate the current Street Rehabilitation and Reconstruction Policy based on the
experience gained from the Friendly Hills Improvement Project.
ACTION REQUIRED: ,
�
If Council desires to accept the recommendations of the Friendly Hills Tas � Force and
proceed with the improvement, they should pass a motion adopting Resolution No. 94 ,
RE50LUTION ACCEP'i�TG ENGINEER'S REPORT, ORDERING IlVIPRO
AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
RECONSTRUCTION/REHABILITATION IlVIPRO`'E1�ZENTS TO SERVE F.�tIENDLY
$�I,$ RF,ARRANGIIV�N'r� gASELBURGER ADDITION, SIlVIEg
RF.ARR ANGE�N'+ r A1vD SURROUNDING AREAS (IlVIPRO��EMENT NO.
PROJECT NO. �.
MSM:dfw
92,
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 94 -
RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IlVIPROVEN�NT
AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
RECONSTRUCTION/KF,HARILITATION IlVIPROVEMENTS TO SERVE
FRIENDLY HILLS REARRANGIIVI�NT, HASELBURGER ADDITION,
$IlV�K RFARRANGII��ENT A1�TD SURROUNDING AREAS
(Il�ZPROVIIVIENT NO. 92, PROJECT NO. �
WHEREAS, a public hearing was held on the 6th day of December, 1994, at 7:45
o'clock P.M., or as soon as possible thereafter, in the City Hall of the City of Mendota
Heights, Minnesota pursuant to resolution duly adopted by the City Council of the City of
Mendota Heights on the question of the proposed construction of the following described
unprovements:
The construction of street improvements consisting of the acquisition of easements and
the grading, stabilization, drainage and bituminous surfacing, construction of concrete
curbs and gutters and storm pipes on the street to be situated in the area hereinafter
more particularly described
WHEREAS, due publication of the notice of public hearing on said proposed
construction has been attended to; and
WHEREAS, mailed notice of said hearing has been mailed more than 10 days before
the date of said hearing to the owners of each parcel situated within the area proposed to be
assessed, all in accordance with the applicable Minnesota Statutes, and
WHEREAS, the City Engineer reported that the proposed improvement and
construction thereof were feasible and desirable and further reported on the proposed costs of
said improvements and construction thereof; and
WHEREAS, the area proposed to be assessed for said improvements is situated within
the City of Mendota Heights in Dakota County, Minnesota and is more particularly described
as follows:
All parcels located in Friendly Hills Re-arrangement, Haselburger Addition, Sunek
Rearrangement and Parcels No. 27-02500-010-52; 27-02500-021-52; 27-02500-020-52;
27-02500-030-52; 27-02500-040-52; 27-02500-050-52; 27-02600-012-77; 27-026t}0-
010-78; 27-03600-010-25; 27-03600-020-25; 27-03600-010-26; 27-03600-020-26; 27-
036(}0-030-26; 27-03600-010-27; 27-48225-010-00 and 27-48225-020-00.
WE[ER]E.AS, the City Council then pmceeded to hear all persons interes m said
impmvement and all persons were afforded an opportunity to gresent their views d
abjections � o the maki.ng of said impmvements.
NUW T.EiEREFORE, IT IS BFI�EBY RESOLVED by the City Council � f the City
of Mendota. Heights, Minnesota as follows:
l, ! Tlaat the feasibilitY report grePared by the City Engineer is hereby
2. ! That it is advisable, feasible, expedient and necess�+ury that the City cif Mendota
( Heights construct the above described improvements, and it is hereb ordered
� that said improvement be made.
3. '�That the City Fa�gineer be and he is hereby authoriized and direcied to prepare
� plans aand specifications for said improvement. I
� �
4. � That said improvement shall hereafter be lmown and designated.as
� Na. 92, Project No. 6.
Adapted by the City Council of the City af Mendota Aeights tbis 6th day of I7ece�iiber, 1994.
CITY COUNCIL
CITY OF MENDOTA
By
� Charles E. Mertensotta,
ATTL�ST:
Kathleen M. Swanson
City Clerk ;
�E�, ! 1- 3o-�t4
November 27, 1994
Mr. Marc. S. Morgan, P.E.
City of�Mendota Heights
1101 Victoria Curve
Mendota Heights, MN. 55118
Dear Mr. Morgan and City Council,
It was with great joy that I received your recent letter
informing us of the upcoming public hearing concerning the
proposed street reconstruction within Friendly Hills.
My wife and I have been fully infavor of the project from
the moment we heard of its proposal. I personally have
expressed my wishes in the past although I have been unable
to attend meetings in the past, due to other conflicts.
HOwever, my wife and I intend to attend the December 6th
meeting and express our vote of approval for the project.
I also wanted to put into writing our desire for the city
to go forward with the project. We look forward to what
the improvements of a new s�urface, curb and gutter and what
that will do for the value of our property together with
the improved looks.
For the Job No.9221, Improvement No.92, Project No.6--we
vote YES--go forward. Thank Your!
Sincerely,
� ,/ ) �Z,(,. o��./l/1'Ld[,� .,' ,,C
�
Rev. and Mrs. Donald L. Wilke
2118 Aztec Lane
.�
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CITY OF MENDOTA HEIGHTS
i'_���1_�(i
T0: � Mayor, City Council and City
November 29, 199
Administr
FROM: ' Revin Batchelder, Administrative Assis�
SUBJECT:i CASE N0. 94-32: Heaver - Subdivision/Lot Split�
DISCD'SSION
i �
Mr.� Keith Heaver, developer, has appeared at the
Planning�Commission and the November 1, 1994 City Council
to reque;st a Lot Split in North Ivy Hills, Second Addit�
November;l, 1994, the City Council continued conaideration�
application to allow time for Mr. Heaver to provide adi
information. The City Council also desired to handle the i
vacations at the same time and a public hearing has been si
for this'purpose on Tuesday evening. '
i
Specifically, the City Council requested the followi�
1. Application and Fee for Vacation of Easements;
2. Revised Certificate of Survey for each Lot Split
i 1 and 2; and
3. � An opinion of Title from�Mr. Heaver's Attorney;
4. � A document for the Declaration of Easements.
i
Mr.IHeaver has applied for a vacation of the drai�
utility �,easements. Mr. Heaver has also submitted an
description that describes the new proposed easement:
established. Separate easement descriptions have been s
for the Lot Split between Lots 1 and 2 and the Lot Split
Lots 2 and 3. (Please see attached).
,
i •
Revised Certificates of Survey have been submitted
attached! Ten feet (10') of Lot 1 is proposed to be s�
added to�Lot 2, thereby creating Parcel A. The eastern po
Lot 2 is�proposed to be split and added to Lot 3, thereby
Parcel B and C. The shaded areas denote the proposed
subdivision. -
Mr.�Heaver has proposed to submit an Owners and Enct
report to satisfy the opinion of title condition. (P1
attached).
October
meeting
,on . On
of this
iitional
�asement
�heduled
or Lots
and
age and
'asement
to be
bmitted
between
na are
it and
:ion of
�eating
rea of
rances
ae see
RECOl►�SENDATION
The Planning Commission voted 7-0 to waive the requirement for
a public hearing as Mr. Heaver had submitted all the signatures of
consent from surrounding neighbors. The Planning Commission voted
7-0 to recommend that City Council approve the requested
Subdivision/Lot Split, as proposed, with the condition that the
proper easements be provided for the new parcels.
ACTION RE4IIIRED
City Council should first consider the proposed
subdivision/lot split request prior to conducting the public
hearing for the vacation of easements.
If City Council desires to implement the Planning Commission' s
recommendation they should:
1. Pass a motion to
RESOLUTION APPROVING
IVY HILLS SECOND
Resolution No. 94-
DIVISION FOR LOTS
ADDITION.
adopt Resolution No. 94- , A
LOT DIVISION FOR LOTS 1 AND 2, NORTH
ADDITION and a motion to adopt
, A RESOLUTION APPROVING A LOT
2 AND 3, NORTH IVY HILLS SECOND
2. Conduct a public hearing to consider vacating the
drainage and utility easements, as proposed. If the
Council so deaires, they should pass a motion adopting
Resolution No. 94- , RPSOLUTION APPROVING VACATION OF
DRAINAGE AND UTILITY EASEMENTS, subject to Mr. Heaver
executing replacement easements along the new lot lines.
RLB:kkb
4�
Cl2`Y OF' �SBNDOT'A HETGB:PS
DARQTA COUN'PY, MINNLSOTA
RESOLIITIQN NO. 94-
A RTsSOLIITION APPROYZNG A LOT DIVISiON FOR LOTS 2 AND 3,
l NORTS xVY 8ILL5 SFCOND ADDITION
�
�HEREAS, Mr. Keith Heaver has ma.de application fo a Lot
Division; as proposed on revised survey dat�ed November 9,i1994 on
file in Planning Case No. 94-32, said 1ot division to cr ate the
following twa lots:
�
Pareel B
The;easterly 10.Q4 fee� oi Lat 1 and that Par� o� Lo� 2, all
in Block 1, North Ivy Hills Second Adda.tion, as pla�te � and of
record, Dakota County, Minnesota lying westerly of the
foiZowing described line and it'� northerly and s�utherly
extensians;
� Cammencing at the southea�t corner o£ said Lot 2�
� South 63 degrees 22 minutes 15 seconds West, ��
' assumed, along the �outherly line of said Lot
� distance of 8.93 iee� to the point of beginning
i line to be described; thence Nor�h 0 degrees 14
� O1 second� West, parallel to the easterl.�r line
; LoG 2, a distance of 80.00 feet; thence norGher
� point an the nc►rtherly line oi sai.d Lat 2, dista 1
= feet westerly of the northeast corner of said Lot
measured along said northerly line, and
; terminating.
I
Parcel C
Lot 3, and �hat part of Lot�2, all in Block 1, North Iv�
Second Addition, as platted and of record, Dakota
Minneso�a, lying easterly of the following described
�Commencing at the southeast carner of said Lot 2;
!South 63 degrees 22 minutes 15 seconds West,
'as�umed, along the southerly line of said Lo�
Idistance of 8.93 �eet to the point of beginning
�lirte to be described; thence Nor�h 0 degrees 14
`02 seconds We�t, parallel to the easterly line �
rLo� 2, a distance of 80.00 feet; thence norther
' point an the northerly line of said Lot 2, distanci
�feet westerly of the northeast corner of said Lot
�measured along said northerly line, and '
'terminating.
thence
>earing
. 2, a
of the
tinutes
�f �aid
y to a
: 30.00
: 2 , as
there
Hills
aunty,
ine:
thence
aearing
: 2, a
of the
ninutes
�f said
.y to a
� 3p.00
. 2 , as
I there
�HER�AS, said application was reviewed by the Planning
Commission on October 25, 1994; and
�PHERE�S, the City Council has reviewed said lot division at
its November 1, 1994 and December 6, 1994 meetings; and
NO� THEREFORS IT IS HERSBY RESOLVED, by the City Council of
the City of Mendota Heights, Minnesota that said lot division as
proposed on revised survey dated November 9, 1994 and on file in
Planning Case No. 94-32 is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 6th
day of December, 1994.
By
ATTEST:
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Ma.yor
�•
CITY OF MSNDOTA HEIGHTS
DAROTA COIINTY, MINNESOTA
RFsSOLIITION NO . 9 4 -
A RESOLIITION APPROVING A LOT DIVISION FOR LOTS 1 AND
j NORTH IVY HILLS SECOND ADDITION
q�SRREAS, Mr. Reith Heaver has made application fc
Division', as proposed on revised survey dated November 9,
file in Planning Case No. 94-32, said lot division to cr
following lot:
�
Parcel A
2,
� a Lot
1994 on
�ate the
All i except the easterly 10 . 00 feet of Lot 1, Block �, North
IvyiHills Second Addition, as platted and of record� Dakota
Cou�ty, Minnesota. I
WBEREAS, said application was reviewed by the Planning
Commission on October 25, 1994; and I
,
WHEREAS, City Council has reviewed said lot divisio:
Novemberjl, 1994 and December 6, 1994, meetings; and
I
NOL��,TSEREFORE IT IS BEREBY RESOLVSD, by the City Co
the City�of Mendota Heights, Minnesota that said lot div
proposed�on revised survey dated November 9, 1994 and on
Planning Case No. 94-32 is hereby approved.
Adopted by the City Council of the City of Mendota Heights
day of December, 1994.
i
4 CITY COUNCIL
� CITY OF MENDOTA HEIGHT
I
i
ATTEST: ;
I
!
Kathleen M. Swanson
City Clerk
By
Charles E. Mertensotto
Ma.yor
�
at its
ncil of
sion as
f ile in
s 6th
City of Menclota Heights
Dakota County, Minnesota
RESOLUTION NO. 94
APPROVING VACATION O� DRAINAGE AND UTII.ITY EASIIVIEN'rS
WHEREAS, the City of Mendota Heights is the current record owner of a drainage and
utility easement as described as follows; and
WHEREAS, the City of Mendota Heights is the current record owner of a drainage and
utility easement as described as follows; and
A permanent easement for drainage and utility purposes, said pazcels described as
follows:
The westerly S.UO feet and the easterly S.OU feet of Lot 2, Block 1, North Ivy Hills
Second Addition, as platted and of record, Dakota County, Minnesota except the
, northerly 5.00 feet and the southerly 10.00 feet of said Lot 2, located ia Section 13,
Township 28 North, Range 23 West, Dakota County, Minnesota.
The westerly 5.0 feet of Lot 3, Block 1, North Ivy Hills 5econd Addition, as platted and
of record, Dakota County, Minnesota, except the northerly 5.00 feet and the southerly
10.00 feet of said Lot 3, located in Section 13, Township 28 North, Range 23 West,
Dakota County, Minnesota.
WHEREAS, a notice of hearing on said vacation has been duly published and posted
more than two weeks before the date scheduled for the hearing on said vacation, all ia
accordance with the applicable Minnesota Statutes; and
WHEREAS, a public hearing was held on said vacation on December 6, 1994, at 8:00
o'clock P.M., or as soon as possible thereafter, at the City Hall of the City of Mendota
Heights; and
WHEREAS, the City Council then proceeded to hear all persons interested in said
vacation and all persons were afforded an opportuaity to present their views and objections to
the granti.ng of said petition.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Mi.nnesota, as follows:
1. That the vacation of the drdinage and utility easements described above, situated in the
City of Mendota Heights, is in the best interest of the public and the City, and is not
detrimental to the health, safety and welfare of the community.
2. That the above described diainage and utility easements be and the same
vacated. �
3. That the City Clerk be and is hereby authorized and directed to prepare
proper Dakota County officials a notice of completion of these vacation
in 'accordance with the applicable Minnesota Statutes.
1
Adopted by the City Council of the City of Mendota Heights this 6th day of
CITY COUNCIL
CITY OF MENDOTA
��
ATTEST:
Kathlee i M. Swanson, City Clerk
I
� .
Charles E.
hereby
present to the
;eedin�s. all
, 1994.
Mayor
Jr. Liesi 17epartment
7'7T1 Washingion Avenue Souih
Eclina, MN 55434
(622} $29-0899 Fa�c 824-0196
OWNERS AND ENCUMBRANCES REPORT
1. File No.: A39-201523
Heaver Design & Cons�ruct.ion, Inc.
2. For the exclusive use of:
Heaver Design & Constructian, Inc.
Keith Heaver - 875 Mendakota Court
3. Effective Date af this Report» November 9, 1994, a� 7: oo A.M,
4. On Reai Estate described as:
Lot 1, Block 1, North Ivy` Hi1Zs Secand Addition, Dakata Caunty, Minnesota.
0
Lot 2, Block 1, North Ivy Hills Second Addi�ion, Dako�a County, Minneso�a.
Abstraat Prr�perty .
S. The Caurrty Recorders a� Reg�strar ai %#!es recards indicate that;
a The cuRent iee owners are:
Heaver Design & Construction, Inc., a carporatian
b. The Reai Estate is encumbered by #he follawing Martgages� Cantracts for Deed, Federal Tax Liens,
State Tax Liens, Bankruptcies, and Judgments:
1. Mortgage executed by Heaver Design & Construction, Inc., a Minnesota
Carparatian, as mortgagor, to 8authview Bank, as mortgagee, dated ?/6J93,
reaorded 7/21/93, as Doc.�No. 1137485, secur�:ng the ariginal amount of
, ., and any ather amounts which may became due and payable under the
terms thereof.
NOTE: Tncludes Additional Lands.
Above Martgage was modified by Extension of Mortgage, dated 7/6/94, recorded
8125l�4, as Doc. No, 1237466.
If �here are any guestians cancerning this Owners & Encumbrances Report,
please call the Juniar Policy Departmen� at $29-0899.
universai title
aos� {�l�s> aM u�rro�x
� ;
0
OWNERS AND ENCUMBRANCES REPORT
i
File No: A39-201523
�
6. The County Tax Records indicate that the real estate taxes are:
Taxes currerrtly due and payable in 1994 are PAID IN FULL
A(1'tOU�it: $ 2,173 . 82 and $2, 215.12
PIN: 27-52201-010-01(Lot 1)27-52201-020-01(Lot 2)
Homestead or non-homestead Non-Homestead 1994
Delinquent taxes: None
Address: 623 & 613 Suncliff Circle, Mendota Heights, Minnesota 55075
EstimatedMarketValue: $ 2�,soo.00 & $29,300.00
In Fiood Plain Area: rto, Zone C per City of Mendota Heights
7. This Report is limited to only the inforrnatwn described above.
�
8. This Report spec'rfically does not include i�ormation relating to:
�7
10.
By:
a. Rights of dower, curtesy, homestead, or other marital rights of spouse if any, of any indivi�ual
�
b. Any lien, or right to lien, for services, labor or materiais heretofore or hereafter fumished or iR
c. Any encroachmerrts, measuremerrts, party walis, ove�lap.s, boundary line disputes, or other matte�s �
disclosed by i n accurate survey or inspection of the real estate.
d. Easements, or claims of easemerrts.
e. Rights or claims of parties in possession not shown�by the public records.
f. Minerals and mineral rights. �
�
g. Covenarrts, conditions, artd restrictions.
i
h. Levied and/or pending special assessmerrts. ,
This report is notl�or is it to be consirued as, an Abstract of Tftle, tit(e opinion, or tftle insurance pc
The total GabiGty of Universal T�le by reasan of bsses and damages that may oocur by reason of arry errors
in their report, is limited to the fee it received forthe preparation and issuance of this repo�, or the amo�
whichever is.nreater. �
Not valid
�
d by authorized signatory.
/ I
�
universal title
/
shown.
by law.
would be
d omissions
of $500.00,
2060 (7/93) 2M I I UTTOER
f +
Jr. Lien liepaztmerit
7777 Washington Avenue South
Edina, MN 55439
(612) 829-0899 Fax 829-0196
OWNERS AND ENCUMBRANCES REPORT
1. File No.: A39-2o1521
T. Jay Salmen
2. Forthe exclusive use of:
Heaver Design and Construction, Inc.
Keith Heaver - 875 Mendakota Court
3. Effective Date of this Report: , at 7: oo A.rt.
4. On Real Estate described as:
Lot 3, Block 1, North Ivy Hills Second Addition, Dakota County, Minnesota.
Abstract Property.
5. The Courrty Recorders or Registrar of Titles records indicate that:
a. The current fee owners are:
T. Jay Salmen
b. The Real Estate is encumbered by the following Mortgages, Contracts for Deed, Federal Tax Liens,
State Tax Liens, Banlwptcies, and Judgments:
1. Mortgage executed by T. Jay Salmen, a single person, as mortgagor, to Marquette
Bank Brookdale, as mortgagee, dated 8/26/93, recorded 8/26/93, as Doc. No.
1147125, securing the original amount of , and any other amounts
which may become due and payable under the terms thereof. �
Above Mortgage was re-recorded on 1/5/94, as Doc. No. 1181039, to amend
Mortgage Doc. No. 1147125 as follows: Correct Property Address.
Above Mortgage was modified by Amendment to Note and Mortgage, dated 7/14/94,
recorded 7/22/94, as Doc. No. 1230456.
(continued)
universal�title
2059 (7/`93) 2M UTIOER
QWNERS AND ENCUMBRANCES REPORT
File No: A39-2o1.521
�
�
u
Continuation of OWNERS AND ENCUMBRANCES REPORT-#5b
Mortgage execu�ed by T. Jay Salmen, a single person, as martgago', to
Farmers and Merchants S�ate Bank of New Ulm, as mortgragee, dated '7/15/94,
recorded ?l25t94, as Doc. No. 12308�4, securing the original ama t af 712�l94,
and any other amounts which may become due and payable under the terms thereof.
�
If there are any questians cancerning this Owners & Encumbrances Report,
please call the Junior Palicy Department at 829-0899.
universat
�
title
2061 (8/92) iM I I UTIOEI2
i
OWNERS AND ENCUMBRANCES REPORT
File N0: A39-201521
6. The County Tax Records indicate that the real estate taxes are:
Taxes currerrtly due and payabie in 1994 are PAID IN FULL
AmOUnt: $ 2, 261.16 `
PIN: 27-52201-030-01
Homestead or non-homestead Non-Homestead 1994
Delinquent taxes: None
Addt'eSS: 605 Suncliff Circle, Mendota Heights, Minnesota 55075
Estimated Market Value: $ 31, o 0 0. o 0
in Fiood Plain Area: No, Zone C per City of Mendota Heights
7. This Report is limited to only the i�ormation described above.
8. This Report spec'rfically does not include information relatir�g to:
a. Rights of dower, curtesy, homestead, or other marital rights of spouse 'rf any, of any individual shown. .
b. Any lien, or right to lien, for services, labor ar materials heretofore or hereafter fumished or imposed by law.
c. Any encroachmerrts, measurements, party walls, overtaps, baundary line disputes, or other matters which would be
disclosed by an accurate sunrey or inspection of the real estate.
d. Easements, or claims of easemerrts.
e. Rights or claims of parties in possession not shown by the public records.
f. Minerals and mineral rights. �
g. Covenants, conditions, and restrictions.
h. Levied and/or pending special assessme�ts.
9. This report is not nar is it to be const�ued as, an Abstract of Title, tftle opinion, or title insurance �policy.
10. The total 6abiGty of Universal Tdle by reason of bsses and damages that may oocur by reason of arry errors and omissions
in their report, is limited to the fee it received forthe preparation and issuance af this report, orthe amourrt of $500.00,
whichever�s.areater.
By:
Authorized S' a e .
Not valid u ess gned by authorized signatory. ,
universal title
?A60 (1/93) 2M UTIOER
November 3, 1994
f
Mr. Keith Heaver
Heaver Design
875 Mendakota Court
Mendota Heights, MN 55120
Dear Mr. Heaver:
.
1'
1Viendota Hei
This letter� is to follow up on our phone conversation yesterday regarding your app
a Lot Split in the North Ivy Hills, 5econd Addition. City Council did not act upoi
request at their November 1, 1994 meeting aad continued the considerdtion of this
application until their meeting on December 6th. This continuation will allow you
opportuniry to provide some additional information requested by the City Council.
�
When the City Council reconsiders this request for a Lot Split, they also want to a
request to vacate the old 1ot liae utility easements and establish new easements aloi
lot lines. A Vacation of Easements will require a public hearing with published nc
As we discussed, you will need to submit the following:
I
1. Application and Fe� for Vacation of Easements; and
2. Revised Certificate of Survey for two separate Lot Splits on Lots 1 and 2;
3. An opinion of Tit1e from your attorney; and
4. A document for the Declaration of Easements.
At the time of consideration, City Council will consider two separate resolutions,
each lot split. These resolutions will require that lot combinations occur for the i
created parcels, and that they be filed at Dakota County for tax purposes.
If you have any questions, or concerns, please contact me at 452-1850. Engi.neei
would be happy to review your vacation proposal and your easement declarations
accuracy when they have been prepar�d. Thank you in advance for your coopera
Sincerely, !
i
��!G��-�.�--
►.
Kevin Batchelder
Administrative Assistant
cc: I 7ames Danielson, Public Works Director
� 0�
hts
ication for
this
an
�nsider the
e the new
e for
ly
staff
1101 Victoria Curve •1Viendota Heights, 1ViN • 55118 4�2•1850
i ' ' !
1►�.�1L1�
December 2, 1994
Mr. Reith Heaver
Heaver Design
875 Mendakota Court
Mendota Heights, NIlJ 55120
Dear Mr. Heaver:
C lty O�
1Viendota Heights
Your application for a Subdivision/Lot Split will be considered by
the City Council at their next regularly scheduled meeting, which
will be held on Tuesday, December 6, 1994. The Council meeting
starts at 7:30 o'clock P.M. here at City Hall in the Council
Chambers. You, or a representative should plan on attending the
meeting in order that your application will receive Council
con�ideration .
If you have any questions, please feel free to contact me.
Sincerely,
��u'? �J�.#-c�,1 c� � �-��
Kevin Batchelder
Administrative Assistant
RLB:kkb
Enclosures
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
CITY OF MENDOTA HEIGHTS
� November 29,
TO: Mayor, City Council, and City Adminis
,
FROM: �� 7ames E. Danielson, Public Works '
i �
SUBJECT: j Brookfield Lane Condemnation
DISCUSSION:
At the October 4, 1994 meeting Council considered an application from Mr.
Lentsch to rezone Outlot B, Mendota Woods, from HR PUD to R 1 single family.
Planning Commission had recommended and the City Council had concurred earlier
desired his driveway access for this lot to be from Brookfield Lane wluch is a privat
owned by Kensington Manor Homes. Mr. Lentsch had therefore been negotiating �
Kensington Manor Home Association Boardmemhers for that access. Mr. Lentsch �
received tentative approval from the Board subject to a favorable vote of the membe
I
The membership voted, by an overwhelmi.ng margin, not to allow the access
because they felt strongly that Brool�'ield Lane is where access for the lot should be;
rezoning request pending acquiring driveway access from Bmol�'ield Lane. Counci]
the first step toward condemning the access by ordering an appraisal. Mr. Blake Da
City's appraiser, has now completed an appraisal of the access and his report is attac
appraised value is approximately the same value that Mr. Lentsch was willing to pa3
association privately for the access. Mr. Blake's appraisal assumes that the City wo
an easement for access, with the homeowners association continuing to own and mai
road. �
Mr. Lentsch has been informed of the results of this appraisal and he
would attend this meeting to discuss the possible next steps with Council.
Aclflnann Letter
The City received the attached letter from Mr. Les Ackmann, resident and f
Kensington Manor Homes Association President. Mr. Ackmann and Ms. Roberta �
current Kensington Manor Homes Association President, were sent a copies of this
make them aware that this topic would be on the agenda. Mr. Ackmann's letter ap�
imply there may still be some room to negotiate with the homeowners in lieu of
condemnation. Ms. Cline stated that she would also attend the meeting to discuss tl
possibility of the homeowners association accepting the appraised value of the easei
not force the City to continue with the condemnation process.
that they
; road
rith the
Council,
tabled the
then took
iis, the
�ed. The
the
ld acquire
itain the
that he
� to
to
and
[''
Driveway access to Outlot B would be best if gained from Brookfield Lane for several
different reasons, impact to the wetland and ease of public safety vehicle access being two of
them. Council has been firm in their opinion that access should come from Brool�'ield Lane
and without the possibility of any new negotiations with the Townhome Association, the next
step would be to authorize the City Attorney to hegin the condemnation process.
ACTION REOUIRED:
Review the appraisal and project costs with Mr. Lentsch, review possibility of a
negotiated settlement with Mr.. Ackmann and Ms. Cline and then if Council desires to begin
the condemnation process they need to pass a motion adopti.ng Resolution No. 94-_,
RESOLUTION DIRECTING T� ACQUISITION BY CONDEIVIl�TATION OF
CERTAIN STREET FA►SIIVIENTS IN THE CITY OF MENDOTA HEIGHTS, DABOTA
COUNTY, MINNT,SOTA and authorize the City Attorney to take the steps necessary to carry
forward�with condemning driveway access for Outlot B.
. _ . �"
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City ai Mendoia Haights
Dakata Caunty, M'innesota
F�SOLUTiON hTU. 93-
RESOLUTION DIRECTING 1'� ACQUISI'1'I4N BY CONUEMNAI'IQN
C1F CERTAIN STItEET EASIIVYF.I�TTS
IN TSE CITY 4F M:IENDOTA HEIGHTS, DAKOTA COUNTY, MIlVNF.SOTA
W�iTR�''.AS, the City Council of the City of Mendota Heights is the official governing
body of the City of Mendota Heights; and
WIi + � AS, on motion af Counciimember , secanded by Councii
member , the following resolution �evas adopted by the aff'umative
vote of inembers of the Council; and
Wlf3TR]E`.,AS, the City Council-of the City of Mendota. Heights finds #hat it is necessary
as we11 as desirable ta acquire the follawing described easements for the stated public
purposes:
A permanent easement for street purposes over and across the following described pro-
PertY:
That portion of Lot 1, Black 3, Kensington P.U.D. included within the drainage and
utility easement, also know as 8rookfield Lane located in Section 36, Township 28
North, Range 23 West, Dakota County, Minnesata,
Tagether with a perpetual easement 2Q feet in width for utility and drainage purpases
over under and across Outlot C, Kensingtan P.U.D., Dakota County, Minnesota, the
Centerline of said perpetual easement i�eing described as cammeneing at the southwest -�-
corner of said Qutlot C; thence northerly along the west line there of 35 feet to the
paint of beginni�ng of the centeiline to be described; thence north�asterly deflecting to
the right 44 degrees 00 minutes 45 feet more or less ta the easterly line of sai�d Outlot C
and said centerline there tern�inating, located in Section 36, Township 28 North, Range
23 West, Dakata County, Mi.nnesota.
NOW TI3FRLFORE, BE IT RESOLVED by the City Council of the City of Men-
dota �Ieights in regular meets.ng assembleci that thase easements described abcrve be acquired
for the stated public purposes through exercise of the City of Mendota Heights' powers of
eminent domain. `�
Adopted by the City Council of the City of Mendota Heights this 6th day
1994.
CITY COUNCIL
CITY OF MENDOTA
,
:�
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto,
f'�`
i .
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"��,�y�?%,�5:y �
DAVIS & LAGERMAN,INC.
218 ENDICOTT ON 4th STREET
141EAST4t6STREET
SAINT PAUL, MINNESOTA 55101-1683
Telephone:(612)293-1551
Fax:(612)223-5299
November 8, 1994
Mr. James E. Danielson
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Estimate of Value
Proposed Driveway Easement
Brookfield Lane
Mendota Heights, MN
Dear Mr. Danielson:
Pursuant to your request, I have made an appraisal �and
enclose herewith in duplicate my report covering mylestimate
of the value of proposed driveway easements over Brookfi"eld
Lane and the adjoining 20 ft. wide strip to Outlot B� of
Keningston PUD. The property is more fully described within
this report. - I �
It is the purpose of this report to estimate the val
driveway easement taking.
As a result of my inspection of the property
considerations outlined in this report, it is my op:
the value of the easements as of November 6, 1994 ar
NINE THOUSAND ONE HUNDRED DOLLARS ($9,100)
I have assumed�in my valuations that the 1994 re�
taxes, together with all special assessments, pr
pending, for existing off-site improvements are paid
of
and �the
ion t'hat
unts �to :
est'ate
ent � or
Mr. James E. Danielson
November 8, 1994
-2-
�•
y' .
The conclusion here is subject to certain contingent and
�-: limiting conditions. These are� outlined in detail on Page 14
� of this report. It is �urther subject to the general
assumptions and limitations which are contained among the
�� addenda at the rear of this report.
,i .
.'�' I certify that �to the best of my knowledge and beliefs the
,. statements and opinion contained within this report, subject
� to the �imiting conditions herein set forth, are correct.
t:
Respectfully submitted, •
i' • �
i.:.J
'!� Blake S. Davis, MAI
I.i
� BSD/nms
�, Enclosure
r
�
�
�
SECTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
PAGE
1
2
3
4
5
6
7
10
11
11
13
14
14
14
14
15
17
18
18
23
24
28
29
BLAKE S. DAVIS� nnni
AMIE W. DAVIS
TABLE OF CONTENTS
Summary Salient Facts and Conclusions
Area Map
Zoning Map
Topographical Map '
Easement Map
Easement Survey
Photographs
Purpose Of The Appraisal �
Location And Legal Description
Description Of The Neighborhood
Ownership Data
Assessor's Estimated Market Value and
Taxes
Utilities
Contingent and Limiting Conditions
Description of the Property �
Zoning and Highest and Best Use
Scope of the Appraisal
Reasonable Exposure Time
Valuation Of The Land
Land Sales Map
Land Sales Details
Valuation of the Driveway Easement
Reconciliation And Final Conclusion Of
Value �
ADDENDA
A Certification
B Assumptions and Limitations
C Qualifications of Appraiser
�
�
��
L.
�.
BLAKE S. DAVIS, nn�u
AMIE W. DAVIS
STJI�lP,RY OF SALIENT FACTS AND CONCLUSIONS
Location:
Date of
Appraisal:
Brookfield Lane, Mendota Heights, MN
November 6, 1994
Rights &
Interests Appraised: Driveway Easement, subject to
• drainage and utility easements
Function of the
Appraisal: For potential acquisition of driveway
� easements
Zoning:
Present Use:
Highest
& Best Use:
PUD-high density residential
Condominium
Condominium
Legal Description: Lengthy legal description which, however,
is part of Outlot C and part of Lot 1,
Block 3, Kensington PUD, Dakota Co.,
Minnesota.
Land Size: The Brookfield Lane driveway easement is
a 44 ft. wide strip comprising all of
Brookfield Lane, a total of 19, 833.3 sq.
ft. The remainder driveway easement is a
20 ft. wide x 62-1/2 ft. long strip from
the southeasterly corner of Brookfield
Lane to Outlot B. This comprises� 1,250
sq. ft. The Brookfield Lane driveway
easement is over an existing driveway and
also over an existing drainage and
utility easement to the city of Mendota
Heights. The driveway is bituminous
surfaced and has concrete curb and
gutter. It drops down gradually from the
front to the rear. The diagonal easement
� � piece is unimproved, overgrown with tall
grass, weeds, and bushes, and is level to
gently rolling.
1
BLAKE S. DAVIS, MAI
AMIE W. DqVIS
SUNIl�IARY OF SALIENT FACTS AND CONCLUSIONS (Cont�'
Final Conclusion
of Value:
Brookfield Lane Driveway Ease
19,833.3 sf @ 40.5¢/sf =
Additional Easement
1,250 sf @ $0.86 /sf =
Total
�
la
$8, 000
$1,1.00
$9, 100
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PROPOSED DRIVEWAY EASEI�NT
A perpetual Qasement 20 feet
in width for driveway purposes
over, under and across Outlot
C, Kensington P.U.D., Dakota
County�, •Minnesota, the
centerline ot�said perpetual
easement beinq described as
commencing at the southwest
corner of sa�.d Outlot C;
thence easterly along the
south lina th�reo� 25 feet to
the point oi beginninq of the
centerline� to be described;
" thence northeasterly deflect-
ing to the lett 50 degrees 00
minutes a distance of 75 feet
and said centerline there
terminating.
>I3cafe 7"= $o' I hereby certlfy that this survey� plon, or report was
prepored by me of und�r my direct supervision and
• Orawn by J•- that I am a duly Registered Lond Surveyor under the
laws of the Stote o Minnesota. 6
.:,hecked by C�� �``�'
IJob No.-�3838�0 nntor� fh�c G'r��nv nf c.�.....�1Q4[L Ren IJn 9l�9A
�. G. i�I�i7 � SOi�tB, It�lC
LAt�lD SuRuEYORS �
9180 LEX4t�1GTOt1 ,4vE. NO.
CIRCLE PlNES, MINNE50T�4
�5�014-36Z4 TEL. 186-9556
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BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(1) PURPOSE OF THE APPRAI�AT•
It is the purpose of this appraisal to estimate the
value as of November 6, 1994 of a permanent driveway easement
over the private drive, Brookfield Lane, and of a 20 ft. wide
driveway easement leading at an angle from the end of the
Brookfield Lane cul-de-sac in a southwesterly direction
providing access to a single family residential lot known as
Outlot B. This is all in Mendota Heights, Minnesota and is
more particularly described within this report. The interest
is an easement interest over the fee simple title,
unencumbered. This report is to be used for the purpose of
acquiring this driveway easement.
The term "market value" is used in the usual "willing
seller - willing buyer" concept of the term and is defined as
follows: •
The most probable price which a property should
bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and
seller each acting prudently, knowledgeably, and
assuming the price is not affected by undue
stimulus. Implicit in this definition is the
consummation of a sale as of a specified date and
the passing of title from seller to buyer under
conditions whereby:
1.
2.
3.
4.
5.
buyer and seller are typically mo�ivated;
both parties are well informed or well
advised, and each acting in what they consider
their own best interest; .
a reasonable time is allowed for exposure in
the open market;
payment is made in terms of cash in United
States dollars or in terms of financial
arrangements comparable thereto; and
the price represents the normal consideration
for the property sold unaffected by special or
creative financing or sales concessions
granted by anyone associated with the sale.
Fee simple title is defined in the Dictionary of Real
Estate Appraisal Second Edition of the American Institute of
Real Estate Appraisers on Page 120 as "A title that signifies
ownership of all the rights in a parcel of real property
10
�
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(1) PURPOSE OF THE APPRAISAL (Cont'd)
subject only to limitations •of the four
government."
(2) LOCP,TION AND LEGAL DESCRIPTION
rs of
The property is located in the southeasterly p'rtion of
the city of Mendota Heights and includes all of B�ookfield
Lane, southeasterly of Concord Way and just south of Mendota
Heights Road in the city of Mendota Heights. It isl legally
described as follows:
A permanent driveway easement over the fol
described property: that part of Lot 1, Blc
Kensington PUD described as follows: The weste
ft. and a 44 ft. radius cul-de-sac subject
drainage and utility easement, also kno�
Brookfield Lane. Also a perpetual easement 20
width for driveway purposes over, under, and
Outlot C, Kensington PUD, Dakota Co., Minnesot
center line of said perpetual easement
described as commencing at the southwest corY
said Outlot C; thence easterly along the soutl
thereof 25 ft. to the point of beginning c
center line to be described; thence northea
deflecting to the left 50 degrees 0 minu
distance of 75 ft. and said center line I
terminating.
(3) DESCRIPTION OF THE NEIGHBORHOOD
As referenced above the property i�s locatec
southeasterly corner of the city of Mendota Heights
Heights is a nearby southern suburb of the city of ;
It is a nearly fully developed community of divei
Although it is nearly fully developed, it neverthelE
large population increase in the decade of the 80's
people in 1990 �up some 29� from the 1980 census po�
It is part of the much larger Twin Cities metropol:
which showed a 15� population increase to a 199
population just over 2-1/2 million. A big part of tl
has occurred in the southern suburbs including
Heights, Eagan, and others. The property is in
census tract No. 606.02. It is not in a special floc
area.
�lowing
>ck 3,
�ly 44
t
o a
irn as
ft. in
i
across
a, the
'being
ier of
i line
�f the
sterly
tes a
there
in the
Mendota
t. Paul.
se uses.
ss had a
to 9, 431
ulation.
tan area
� census
e growth
Mendota
:he 1990
� hazard
�
�
�
�
,-
L•
;_
6�
�
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(3) DESCRIPTION OF THE NEIGHBORHOOD (Cont'd)
As part of the Twin Cities it is in a community which is
widely respected locally and around the country for the
quality of life offered. This includes a strong cultural base
of the Minnesota Orchestra, Guthrie Theatre, 5cience Museum
of Minnesota, History Museum, and numerous local drama
groups, including many successful ones in the St. Paul area.
In addition, there are major sports attractions presented by
the Minnesota Vikings in football, Timberwolves in
basketball, Twins in baseball, and a wide array of college.
sports activities, highlighted by the University of
Minnesota. There are attractions such as the Minnesota Zoo
which is just south of Mendota Heights and, most recently,
the Mall of America. The Mall of America is in Bloomington, a
few 'miles southwesterly of the subject. It has attracted
tourists from all over the state, country, and indeed the
world. From an economic standpoint the community, although
hit by economic recession for the past few years, has not
been as severely affected by it as have some other parts of
the country. In addition, the conditions appear to be
improving slowly, but steadily. Further, the unsteady
economic conditions did not impact the sale of single family
residential properties which were at an all time high,
largely because of low interest rates. Recently the interest
rates have creeped up and the sale of homes has slowed
considerably. This is also in part, of course, because of the
time of year which is the slowest time of the year for the
sale of homes. Unemployment is slow, at 4$ or less, and
business activity is generally good, although clearly there
are areas of weakness. The general community is the home of a
number of high powered, nationally recognized companies
including the 3M Co., Honeywell, General Mills, the St. Paul
Companies, Cray Research, and others.
Mendota Heights is located just across the Mississippi
River south of St. Paul. It is bordered on the south by Eagan
which is the equivalent of just three blocks to the south of
the subject and is one of the fastest growing communities in
the entire country. On the east are Surifish Lake and West St.
Paul. Sunfish Lake is a half mile to the east of the subject
and is a small, exclusive community with homes•in a very high
price range. The Mississippi River is 'along the north
boundary of the community and the Minnesota River along the
westerly boundary. A large section of the westerly portion of
the city is Fort Snelling State Park, a major attraction and
across the river from there is the Minneapolis-St. Paul
International Airport. The general southwesterly quadrant of
12
,�
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E.
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(3) DESCRIPTION OF THE NEIGHBORHOOD (Cont'
the city is mostly industrial in nature. There
shopping areas scattered through the community,
otherwise mostly residential and park lands. Mendo�
has a variety of homes, but'the majority of them
medium to high priced bracket, especially the newer
The immediate neighborhood surrounding the sub
mix of uses. However, it is part of a high density
as Kensington in which there are several n
condomi,nium buildings. They are large, apparently hi
units. The area otherwise is developed with hic
single family homes. �
Interstate Freeway I-494 is the equivalent of
blocks to the south. This is a major east-west
through the southern suburbs. It has a full interch
Dodd Road which is about a half mile to the wes
subject. Also about a mile to the west is Interstat
I-35E which along with Interstate I-35W comprise 1
north-south thoroughfare through St. Paul and Minnea
means of these freeways and intersecting roads and
rapid access is possible to and from all parts of
Cities area. In particular I-35E leads northe:
downtown St. Paul, about 15 minutes away by free
industrial section of Mendota Heights is generally
of I-35E. St. Thomas College and Visitation Conven
the area, just about a mile to the northwest. These
popular boys and girls Catholic schools. Besides
Snelling State Park there are�several public and pri�
areas. In general Mendota Heights is a very.
residential community and one in which there is a`
demand for homes which come on the market for salel
suburban community with a rural feel - yet it is vE
to the urban amenities of St. Paul and Minneapolis. �
(4) OWNERSHIP DATA
The property is in the ownership
Homes, a condominium association. I
ownership since the condominium was
ago. To my knowledge there have bee
ownership. -
13
� ;,
L
of the Kensing
t has been in
developed seve:
n no recent cl
re small
�t it is
� Heights
are .in a
zome s .
ect is a
'UD known
ilti-unit
�h priced
i priced
3bout two
freeway
�.nge wi th
t of the
� Freeway
:he maj or
�olis . By
Ereeways,
the Twin
-1y into
way. The
westerly
t are in
are very
the Fort
�ate park
popular
�ery good
It is a
;ry close
ton Manor
the same
ral years
.anqes of
�
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r;
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L'•
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�_s
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BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(5j ASSESSOR'S ESTIMATED MP.RKET VALUE AND T�+.XES
Since this is part- of a larger property it is not
assessed separately from the condominium. Therefore it is of
no benefit to show the total valuation and taxes since it
includes a much larger property.
(6) UTILITIES
The property is served with all of the utilities
commonly found in the city, including publ�c sanitary sewer,
storm sewer, and water. Access to the area is by way of
Mendota Heights Road to Concord Way which leads to Brookfield
Lane, the private road which is in the main the subject of
this appraisal. Concord Way is a bituminous surfaced road
with concrete curb and gutter. The same is true of Brookfield
Lane. Even before the taking Brookfield Lane rs subject to a
drainage and utility easement to the city of Mendota Heights.
(7) CONTINGENT AND LIMITING CONDITIONS
Although the land proposed for this easement taking is
part of a larger parcel, it is my opinion that this easement
taking does not impact the value of the remainder piece. I
have not, therefore, valued the entire property both before
and after the taking of this easement. Further I have assumed
that the easement taking is for the purpose of a driveway
easement accessing Outlot.B which will be developed no more
densely than as one single family home.
(8) DESCRIPTION OF THE PROPERTY
The property being appraised here is a proposed driveway
easement over all of Brookfield Lane plus a 20 ft. wide
driveway easement over a diagonal strip leading southwestly
from the end of the Brookfield Lane cul-de-sac to Outlot B.
The proposed easements are shown in red on the maps at the
front of this report. Brookfield Lane is a private driveway
encumbered by a drainage and utility easement to the city of
Mendota Heights. It is a 44 ft. wide street leading
southwesterly off of Concord Way and it�ends in a cul-de-sac
with a 44 ft. radius, a length of about 380 ft. As referenced
previously it is bituminous surfaced and has a concrete curb
and gutter and it is currently used as the access to one of
the condominium buildings. The other condominium buildings
have access off of Concord Way. Brookfield Lane slopes down
14
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(8) DESCRIPTION OF THE PROPERTY (Cont'd)
gradually from Concord Way to the cul-de-sac. Accc
the city engineering department Brookfield Lane incl
cul-de-sac comprises 19,833.3 sq. ft.
The remaining proposed driveway easement is
undeveloped land southwesterly from the Brookfi
cul-de-sac. It is a 20 ft. wide cul-de-sac, 65 ft
northwest and 60 ft. on the southeast, a total area
sq. ft. It is heavily overgrown including tall grass
and shrubs. As referenced before it provides access
B for the purpose of constructing a single family ho.
site. This land also slopes down slightly from nor�
southwest. This portion of the property is not subje
existing drainage or utility easement.
(9) ZONING AND HIGHEST AND BEST USE
The zoning map which is Page 3 shows the zoni�
subject property and the surrounding areas. As car.
the subject and the immediate area is zoned HR-PUD w
planned unit development with a high density mul
residential classification. There is a small parcel
this on the north which is zoned medium density mul
residential. Much of the balance of the lands in the
zoned single family residential. The PUD is a
development approved by the city and any changes
development would need to be approved by the city.
The high density residential zoning permits ei
per acre. The property being appraised here is p
larger condominium development under this zoning c
part of the property being appraised here is currE
could it in the future be used for building construc
easement proposes to use Brookfield Lane in the sa.i
in which it is presently being used as a driveway, a
additional family to it use. The extension to Outlo1
be a new use in that that is currently just open spa�
Highest and best
Appraisal Terminology
Real Estate Appraisers
r
i
L
f�
•A
�
use is define
Handbook of the
as:
15
d in the Re�
American Ins�
ng to
iq the
through
:ld Lane
, on the
of 1, 250
bushes,
o Outlot
.e on the
heast to
t to any
g of the
be seen
iich is a
:i-family
�dj oining �
:i-family
area are
specific
in that
�ht units
irt of a
lass. No
ntly nor
:ion. The
.e manner
�ding one
B would
Estate
tute of
d
��'<�
f.:
�
l_
�
i�
L
l ::
�
BLAKE S. DAVIS, r�tAi
AMIE W. DAVIS
(9) ZONING AND HIGHEST AND BEST USE (Cont'd)
"The reasonably probable and legal use of vacant land
or an improved property, which is physically possible,
appropriately supported, financially. feasible, and
that results in the highest value. The four criteria
the highest and best use must meet are legal
permissibility, physical possibility, financial
feasibility, and maximum profitability.*
In effect, it is the use which will produce the greatest
possible return�to the land, thought of largely in terms of
financial benefit.
The easement is for driveway purposes on:
opinion the use and value of the property of whi<
part is not affected in any way by the ta
construction of a driveway will permit the
Brookfield Lane by one additional family. It will
be available for the general public. In my opinion
not have a significant impact on the use of the c
building. The areas of the easement taking are al
of the PUD and designated to �be used in substan�
same manner in which� they are presently being t
means that Brookfield Lane would need to continue
indefinitely as a cul-de-sac driveway. The la
encompassed by the driveway extension to Out:
presently open space and as part of the PUD cannoi
upon except for recreational or driveway purposes.
this taking does not affect the potential use of th
the surrounding land. It does, however, impose �
easement and provides for usage for that purpose. T:
and best use of the property being appraised is,
1tS 1�rESG'Ilt OIle as a drivewav c)n Rmc�kfi nl ci T�anP
y. In my
h it is a
king . The
usage of
still not
this does
�ndominium
-eady part
:ially the
sed. This
:o be used
id to be
.ot B is
be built
Therefore
�t land or
driveway
ie highest
:herefore,
nlnc nnnn
space or recreational use of the proposed easement ext�ension
to Outlot B, all for a condominium on the adjoining property.
This hig�est and best use is the same as vacant land and as
improved. • •
*AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - Second
Edition: The Dictionary of Real Estate Appraisal, (Chicago,
IL, 1989) P. 149.
16
�:
�
�.
BLAKE S. AVIS, MAt
AMIE W. AVIS
9) ZONING AND HIGHEST AND BEST USE (Cont'
Since no additional units can be buil� on th;
per the zoning code, the only use to which the ].
appraised here can be pu� is its present one as a dx
in the case of the easement extension for op�
recreational use, or some other accessory use
condominium. Therefore in my opinion the highest anc
of the land is a driveway or some other accessoz
con�unctian with �he existing condominium.
(10) SCOPE pF THE APPRAiSAL
There are three approaches to value commonly us
appraisal of real estate which are the cost� market
income approaches. The cast approach involves an es
the reproduc�ion, cost new af the improvemer
depreciation plus the value of the land. The ma�
approach consists of comparing the property as impr+
other similar properties which have sold. Th
approach is a projec�ion af the estimated net annu<
in�o an indication of value.
The valuation process here is to estimate the
the taking oE the two driveway easmen�s. Since
vacant land only the market data approach is pertin�
The cost approach invalves only impraved proper�y.
the ir�come approach is sometimes used in the appr
vacant land, land such as �his is not attractiv
investor for incame purposes. Also this is a taki:
easement over a part af the larger praperty includinc
bua.lding. Since I feel the easement taking does nc
the value of i�he building or of the balance of the
have nat valued the building or the balance of the 1G
analysis here. �
To value �he properiy I inspected it inside and
analyzed the neighborhood. I researched the market
sales. i cansulted with various public affica3s co
plans for �he area, zoning, and for information on
which have taken place or which are projected for the
With respect to the project which is planned here I:
Jim Danielson of the Public Works Department af the
Mendota Heights.
Wi�h respect �o the valuation problem I talked
estate agents who have been ac�ive in the sal.e of p
17
s lot as
.nd being
i.veway or
� spacer
to the
best use
� use in
:d in the
iata, and
:imate .of
ts less
ket da�a
,ved with
: income
Z income
►alue of
this is
rt here .
�lthough
isal of
to an
g of an
a condo
. impact
land, I
�d in my
out and
or land
changes
future.
.et with
city af
th real•
erty in
f !
t:
�:
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(10) SCOPE OF THE APPRAISAL (Cont'd)
the general area. Most information on sales has been secured
from the Multiple Listing Service and confirmed by agents,
brokers, courthouse records, and from records in my file.
(11) REASONABLE EXPOSURE TIME
There would not typically be a market for sale of land
for a driveway easement. However, as vacant the highest and
best use of the land would be for multi-family residential
purposes. There has not been a substantial amount of multi-
family residential development in recent years. This is
because of the current tax climate which has discouraged such
investment as well as to a period of time where financing was
not readily available for multi-family construction and
vacancy rates were fairly high. These two areas have improved
recently and there•is a somewhat better demand than there was
before. In my opinion it would require in the range of six
months to one year to market land for multi-family
residential use.
(12) VALUATION OF THE LAND
In this section of the report I have valued the land as
if not subject to any special easements. I have valued it on
the basis of the market data approach which is a comparison
to it of other multi-family residential tracts of land which
have sold. Pages 24-27 of this report are details on four
such sales. Preceding these details is a map showing their
location relative to the subject property. I have also
included in this narrative a brief description of the sales
and an analysis of .their differences. Further in this section.
I have discussed each of the sales as they relate to the
subject. In the analysis grid I have made comparisons on a
percentage basis . If the sale is similar to the subj ect the
entry is a 1.00. The percentage adjustments are� up and down
from that based on differences. An adjustment of more than 1
would indicate that the subject is better the sale with
respect to that particular category. If the adjustment is
below 1 it indicates that the subject is inferior to the sale
in that respect.
m
a
�
�
�u
!.:
i'
!
..
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(12) VALUATION OF THE LAND (Cont'd)
In the land sales analysis which follows I
shown a specific land area for the subject. This i;
it is part of a much larger property which is devel�
the condominiums. Therefore except for �Sale #3 wh
smaller parcel, I have compared to it fairly large
land which have sold. Because Mendota Heights
surrounding area has been fairly well improved
years, it is difficult to find good comparable laY
The four I have included here, however, appea.
comparable. Sale #2 is a very old one. I have inc
nevertheless since it is otherwise comparable. Ex
Sale #3 I made adjustments for time. I feel there
some value increase over ti.me for land of this
particularly since the supply has diminished. In thE
Sale #2 which is now seven years old I adjusted upw�
For the other two I adjusted upwards 15� each.
Sale #1 is a parcel in West St. Paul which was
high density apartment use, but which was purcr
construction of elderly single family clusten c�
project is a 55 dwelling unit cluster home projec
clubhouse. I adjusted upward under conditions of sal
case. This is because the property was sold by a
social service agency for this purpose. In my opi�
realized a lower price per sq.• ft. than what c
normally anticipate for a site such as this. Furi
site is hilly and has a pond on it. For each of thes
I adjusted upward 10$ as compared to the subject �
better topography and better soil conditions. As :
before I made an upward adjustment of 15� for time.
Sale #2 is in Lilydale just westerly of the intE
of Highway 13 with Interstate Freeway I-35E. It e
especially good view overlooking the river valle�
north. Its location nearer to downtown is more favor�
the subject plus this is a particularly popular loc�
multi-family residential and particularly condominiu
adjusted downward 10� for that. With the spectacu
that this enjoys I adjusted downward 15� as compared
subject. Finally I made the date of sale adjustment c
19
t
iave not
because
ped with
ch is a
racts�of
and the
�or many
� sales.
to be
Luded it
:ept for
Zas been
nature,
case of
rds 25$.
oned for
�sed for
tes . The
: plus a
in this
Catholic
ion they
�e could
ier this
factor�s
zich has
entioned
rsection
.j oys an
to the
�le than
:ion for
� use. I
ar view
vith the
: 25� .
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
e
(12) VALUATION OF THE LAND (Cont'd)
Sale #3 is very similar to Sale #2 as to location and I
made a similar downward adjustment for location and for view.
It is located in the same area just to the west of Sale #2.
This is a much smaller tract of land at 2-1/2 acres and I
made a downward adjustment for that. Typically a smaller
property will bring a higher price per sq. ft. than will a
larger one. This is because there are many more prospects for
a smaller piece than for a larger one. This is a very current
sale and a time adjustment was not indicated.
The final sale is the only one in Mendota Heights and it
is an acquisition by the city of Mendota Heights for park
purposes. I adjusted downward 10� under conditions of sale
because it was acquired by the city. Although it was a
negotiated sale, the fact that it was the city as a buyer
creates something of a"captive buyer" situation and I
adjusted downward for that factor. Further it is a better
location in the heart of the fully developed area of Mendota
Heights and I adjusted downward 15� for that. The only other
adjustment was for the time in that this sale is now four
years old. Although this site was acquired for park purposes
it did have approval for a 106 unit apartment development.
The following grid �shows some limited information on
each of the sale plus the adjustments which I made.
�
�.
�
20
�
BLAKE S. DAVIS, nna
AMIE W. DdVIS
(12) VALUATION OF THE LAND (Cont'd)
No. Subjeat 1 2 3
LOCdt].OA Brookfield Thompson- Hwy13-I-35E Hwy
Lane-Mendota Carmel Lilydale 13-Mayfield
Heights West St. Lilydale
Paul
Use Condos 55 Cluster Apartments Multi-
Homes family
Zoning PUD-high B-7, high Indu�trial R-low
density den�ity density
Sq.Ft. Area Large 406,850 610,000 108,900
Date 11-94. 8-91 8-87 7-94
Sale Price - - $302,500 $725,000 $180,000
Price/Sq.Ft. - - $0.74 $1.19 $1.65
Adjustmenta
Conditions of
Location
Topography
Size
Vi ew
Soil
Conditions
Date
Ket
Adjustments
Adjusted
Price/3q.Ft.
xo�i
Good
Gently
rolling
Large
Normal
11-94
4
kota Dr
d Rd-
�-high
.sity
�, 380
11-90
.5, 000
$1.34
i.lo� i.00� i.00� � 0.90
1.00 0.90 0.90 � 0.85
1.10
1.00
1.00
1.10
1.15
1.53
$1.13',
1.00 1.00 � 1.00
1.00 0.85 I 1.00
0.85 0.85 I 1.00
1.00 1.00 I 1.00
1.25 1.00 I 1.15
0.96 0.65 I 0.88
$1.14� $1.07� � $1.18
The adjusted prices per sq. ft. fall within fairly
narrow range from $1.07 per sq. ft. to $1.18 per sq. ft. Sale
#1 required the largest net adjustment. Sale #2 is a very old
sale and was zoned industrial at the time of sale. 3 is the
least comparable in size with just about 2-1/� acres.
However, it is the most current of the sales. eing in
Mendota Heights, Sale #4 is the closest in proximit to the
subject, although it was acquired for a different purpose
than residential. It is also a very old sale. Eac of the
sales required several adjustments. Based on all of the
sales, but with particular weight given to Sale #4 which is
the only sale in Mendota Heights, I have estimated t e market
value of the fee simple interest in the land at $l.11 per sq.
ft. as follows: _
21
BLAKE S. DAVIS, n�u
AMIE W. DAVIS
0
�
(11) VALUATION OF THE LAND (Cont'd)
Brookfield Lane
19,833.3 sq. ft. @ $1.15/sq. ft. _ $22,808
Additional Driveway Easement
1,250 sq. ft. @$1.15/sq. ft. _$ 1,438
Total 21,083.3 sq. ft. @$1.15/sq. ft. _$24,246
�
C:
L'
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22
�
LAND .SALES MAP
23
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1TMRf1PE T iR �� N i �� � � i � � �t�on�r1 , f! n�nqatt � ,� p��►2'�t E �� + > 2 �T � .
r � ; , ► > ' �
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�wcw • i �7 n� ; R C A v� A
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L _ ;` Z < Mutwy' s wnr�. � r.wr. u � E t� e m > n N
S � RIMII�M o� C • V St N $ �,�/.
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k: a
F
F
r..
Location:
Legal:
Land Size:
Topography:
Zoning:
Proposed Use:
Utilities:
Seller:
Buyer:
Comments:
Sold:
Equivalent to:
Confirmed by:
LAND SALE �1
=;i=�=''' �a^--q'=- - �-•— —. i
. ._-•�i' •: : r r� . r��` �� ' I
. ' � •L���.,. _.�,�y��� - �~�•• � _ _ �+�.r'_�?� ' 1
� •� i����•_ �r+-��J • � i
i •� � �¢ • ��� � i S�� ..s . Jt � � � • — •
�� �w' � `[ T [^:F.iSrr i �T� . �r� . ' (/`Z. 'q � .'
�. - �, • � .. .. �'?��3u�'�a�a" � '- I
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�`���.�� .';!a��.,,: _"�'` ZTi- �' h' i ' _� _• , I
. . I . i . i . t �: : . . � t i`� "+ �. . .. �`1 �.�:- t
• • �, �:,;,,,.r � `�. � �.:� :. ,. ' .
�=a`r � � : �'Y! `= � !
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1 � � I � • � o"""" ! �' � .
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�� � �� .
� � � .`_'� w -- F • �--.'+•--.� �
SE corner of Thompson Ave. W and Carm 1 Ave. in
West St. Paul
Lengthy legal which is available in m file upon
request. However, it is part of the o. 1/2 of
the So. 1/2 of the So. 1/2 of�the E 1/4 of
Section 19-28-22.
'9.34 acres
Rolling, wooded with a pond. The pond 's located
in the western portion of the site.
R-7, apartment district
To build Cottage homesteads- elder�y single
family cluster homes. The developer planned to
improve the site with 55 dwelling un'ts and a
club house.
All '
Catholic Services for the Elderly, Inc.
Derrick Investments No. 91
This property has 1,200 ft. of road fro tage. The
sale price is equivalent to $5,500 pe dwelling
unit. The pond on the site did not eportedly
have.any particular impact on the sale rice.
August, 1991 $30 ,500
$32,388 per acre
$0.74 per sq. ft.
Broker
24
7
S
Location:
Legal:
Land Size:
Topography:
Zoning:
Proposed Use:
Utilities:
Seller•
Buyer:
Comments:
Sold:
Equivalent to:
Confirmed by:
LAND SALP: �F'L
V wD sW Mt 2 i• �,� [�1V !��iL�� Z �
O�O.Si �s/ B ,•� s �P � �♦ O �
cA�� � . �y • '
V a 't e( . . �. e�, /
No. side of State Trunk Highway #13, about a
quarter mile westerly of �its intersection with
Interstate Freeway I-35E in Lilydale.
Very lengthy legal which is available in my file
upon request. However, it is part of Lot 6,
Auditor's Subdivision #2.
610,000 sq. ft. or 14 acres
Very nearly level.and at street grade
I-industrial
Multi-family residential under the zoning class
12 units per acr.e
Al1
J.L. Shiely Co.
Bisanz Southview Estate
This sold for cash. It has 747.29 ft. of frontage
�along Highway 13. The westerly line is 721.09 ft.
and the easterly line 841.95 ft. It has 821.11
ft. along the north or rear side. This is at the
top of the bluff overlooking the Mississippi
River and, therefore, there is an excellent view
amenity to this particular property. It is
adjacent to several luxury condominium complexes.
August, 1987 $725,000
$51,785 per acre
$1.19 per•sq. ft.
Agent-Towle-Lewman
25
LAND 5ALE �3
Location:
Legal:
Land Size:
Topography:
Zoning:
Proposed Use:
Utilities:
Seller:
Buyer:
Comments :
Sold:
Equivalent to:
Confirmed by:
I
� Fi.� ..r- i�.�.,.�., .� i �..�.,,...,,,. - � �r, � N
No.'side of State Trunk Highway #13 at the
easterly line of Mayfield Heigh s Road,
approximately 900 ft. easterly of Lexington
Avenue in Lilydale.
Lengthy�legal which is available in my file upon
request. It is, however, part of Gover ent Lots
4 and 5 in Section 23, Township 28, Rang� 23.
108,900 sq. ft. or 2.5 acres �
I,evel and at street grade
R-low density residential '
Townhouse development
All
Estate of Helen M. Welsch _
Mendota Homes; Inc. -
This sold for cash. It had been on the rket for
almost two years before it sold and ha had an
original price of $250,000. There was an o�der
home on the property plus some pole bar s. These
buildings were considered of no va ue. The
property is nearly rectangular, having 2 0 ft. of
frontage along Highway 13, 376.51 ft. ong the
west line, 226.76 ft. across the rear, nd 391.9
ft. along the east line.
July, 1994 $180,000
$72,000 per acre _
$1.65 per sq. ft. -
Agent-Armstrong
�
LAND SALE �4
� !9i
Location:
Legal: • .
Land Size:
Topography:
Zoning: •
Proposed Use:
Utilities:
Seller:
Buyer:
Comments:
Sold:
Equivalent to:
Confirmed by:
SW corner of Dodd Road and Mendakota Drive in
Mendota Heights.
Outlot A, Mendota Estates
Irregular with a trapezoid on top.of a rectangle.
It comprises 10.5 acres or 457,380 sq. ft.
Generally level, although it rises up towards the
rear.
PUD-high density
Park lands
All • '
Mendakota Partnership
City of Mendota Heights �
Included in the sale price are $90,OOO,of special
assessments which the buyer assumed. This was a
cash sale and was a negotiated sale. The seller
had had approval for a 106 unit apartment
development which had expired. The Mendakota
Country Club is on the north and northwest side
of the property.
November, 1990 $615,000
$58,370 per acre
$1.34 per sq. ft.
Buyer
27 '
t
BLAKE S.� DAVIS, nn�u
AMIE W. DAVIS
(13) VALUATION OF THE DRIVEWAY EASEMENT
The value conclusion in the previous sectio
report is my estimate of the value of the fee simpl
in the property. However, the proposed acquisition
driveway easement. In the case of the portion of th
easement which is over Brookfield Lane the city alr
drainage and utility easement in that area. Since �
permit the city to enter the property for the �
maintaining the utility lines in the area, they al:
some interest in that particular portion of the pro;
fee owner retains most of the bundle of rights ir.
encumbered by the drainage and utility easement. Ho�
drainage and utility easement is in my opinion equ:
a 30� interest in the property. This leaves a 70� i�
the underlying fee. Therefore the value of Brookf
subject to this drainage and utility easement is 70�
per sq. ft. or $0.81 per sq. ft. The proposed takii
a permanent driveway easement over that same proX
driveway .purposes both interests are approximate
Therefore it is my opinion that the value of the
easement taking is one-half of the value of the lai
to the drainage and utility easement or $0.81 div
equals 40.5� per sq. ft. The value of the drivewa�
over Brookfield Lane is, therefore, as follows:
19,833.3 sq. ft. @ 40.5� per sq. ft. _ $8,032
' Say, $8, 000
The remaining easement is over presently unE
land. The imposition of a driveway easement over th:
of the property comprises a larger interest in th
potential use of that particular parcel. In 1
situation it would be of significantly reduced val
condominium. Since it would be paved for driveway
the use to the condominium association would be mi
my opinion the easement interest comprises 75� of
value of $1.15 per sq. ft. or $0.86 per sq. ft. as i
1,250 sq. ft. @$0.86 per sq. ft.
Say,
�
i of this
: interest
here is a
: driveway
:ady has a
.his would
urpose of
•eady have
�erty. The
the land
�ever, the
valent to
,terest to
ield Lane
of $1.15
g here is
erty. For
'.y equal.
proposed
d subject
�ded by 2
easement
ncumbered
s portion
: use and
he after
�e . to the
purposes,
1ima1. In
�he total
�llows:
_ $1, 075
$1,100
�
,
�
�_
��
BLAKE S. DAVIS, MAI
AMIE W. DAVIS
(14) RECONCILIATION AND FINAL CONCLUSION OF VALUE
There are essentially two parcels of land which are
involved in the appraisal here. The proposed taking involves
driveway easements over both of these parcels. Sznce it is
vacant land the only approach to value is the market data
approach. The cost approach is not pertinent to the appraisal
of unimproved property. Although the income approach is
sometimes used in the appraisal of vacant land, these
particular parcels would not be attractive to an investor for
income purposes . In the case of the portion of the proposed
easement which is on Brookfield Lane, the value of the
easement is considerably less than the fee simple interest.
This is because Brookfield Lane is already encumbered by a
drainage and utility easement to the city of Mendota Heights,
and further, the imposition of a driveway easement does not
significantly affect the use of the already existing private
driveway. In the case of the balance of the easement it is
not encumbered by any easements before the taking and its
value to the fee title owner is significantly diminished with
the imposition of the driveway easement.
Based on my inspection
and considerations outlined
that the value for driveway
are �as follows :
of the property
in this report,
easements over
Brookfield Lane - . $8,000
20 ft. Driveway Parcel - $1,100
Total $9, 100
� 29
�
L
and on the data
it is my opinion
the two parcels
CERTIFICATION
I hereby certify that except as otherwise noted in this appraisal
report:
I have no present or contemplated future interest in the subject
property and that my employment and compensation for making this appraisal are
;•�:� in no way contingent upon the value reportedl further, that to the best of my
' knowledge and belief the statements and opinions herein set forth are correct
and that no important facts have been withheld or overlooked.
This appraisal has been made in accordance with and is subject to
the rules of the Code of Professional Ethics and Standards of Professional
Conduct of the Appraisal Institute of which I am a member. No one other than
myself (and' Co-signer, if any) prepared the analyses, conclusions, and
opinions set forth in this report, except where contributions of others are
specifically acknowledged in the report. I have no present or contemplated
future interest in the property.
With respect to various toxic or hazardous substances:
1. It is assumed that there is full compliance with all applicable
' federal, state, and local environmental regulations and laws
�:;_� unless non-compliance is stated, defined, and considered in the
4��•� appraisal report.
' 2. The appraiser was not aware of the presence of soil
� contamination on the subject property, unless otherwise noted
"� . in this appraisal report. The effect on market•value, due to
contamination was not considered in this appraisal unless
�i?� otherwise stated.
�i
3. The appraiser was not aware of the presence of asbestos or
� other toxic contaminants in the buildings(s), unless otherwise
noted in this report. The effect on market value, due to
�� contamination, was not considered in this appraisal unless
otherwise stated.
, 4. Unless otherwise stated in this report, the existence of
- hazardous material, which may or may not be present on the
� property, was not observed by the appraiser. The appraiser has
�: no knowledge of the existence of such materials on or in the
property. The appraiser, however, is not qualified to detect
��' such substances. The value estimate is predicated on the
assumption that there is no such material on or in the property
C� that would cause a loss in value. No responsibility is assumed
;; for any such conditions, or for any expertise or engineering
knowledge required to discover them. The client is urged to
„ retain an expert in this field, if desired. '
I have made a personal inspection of the property that is the
;: subject of this report. The appraisal assignment was not based on a request
� minimum valuation, a specific valuation, or the approval of a loan.
. I am currently certified under the voluntary continuing education
� program of the Appraisal Institute. I am currently licensed as an appraiser by
;� Minnesota Appraiser License #4000399, Certified Federal General Appraiser anci
`" by Wisconsin Appraiser License #414, Certified General Appraiser.
�•� My analyses, opinions, and conclusions were developed, and this
�:; report has been prepared, in conformity with the Uniform Standards of
Professional Appraisal Practice.
��
i_..� .
Blake S. Davis, MAI
A
i�
!'
L
ASSUMPTIONS AND LIMITATIONS
This appraisal is subject to the following assumptions
conditions:
It is assumed that the legal description is correct. I
responsibility for matters legal in character nor do I render an�
to the title, which is assumed to be marketable. It is assume
improvements are located within the property limits, and in comp
zoning and setback requirements. Unless specifically noted to the c
is assumed that any assessments and current taxes have been pa:
property is free and clear of all encroachments, liens, encumbranc
and mortgages. Competent manageinent is assumed.
limiting
assume no
opinion as
that all
iance with
ntrary, it
l, and the
s, leases,
Any sketches in this report are only approximations which�, with the
photographs, are included to assist the reader in visualizing the roperty. I
have made no survey of the property and assume no responsibility in connection
with such matters.
The information identified in this report as being furnishe� by others
is believed by me to be reliable, but I assume no responsibili`y for its
accuracy. �
Possession of this report does not carry with it the
t publication, nor conveyance to the public by any means; nor may
�' part of it, be used for any purpose by anyone but the applicant t
previous written consent of the appraiser and in any event only �
qualifications. Disclosure of the contents of the report is govex
' Bylaws and Regulations of the professional organizations with
!, appraiser is affiliated.
No change of any item in the appraisal report shall be
other than the Appraiser, and the Appraiser shall have no re:
any such unauthorized change.
I am not required by reason of this report to testify in
hearing unless previous arrangements have.been made.
right of
.t, or any
ithout the
ith proper
ied by the
which the
by anyone
�ility for
court or
The distribution of the total valuation in this report betwe n land and
. improvements applies only under the existing utilization. Separate valuations
for land and building are for purposes of analysis only and are nvalid if
-- used in conjunction with any other appraisals.
(' Unless otherwise stated in the report, no soil tests have been made
�.__
available to the appraiser. It is therefore assumed that soil a d subsoil
conditions are stable.
�
�:
On all appraisal subject to satisfactory completion,
alterations, the appraisal valuation is contingent upon completion
in a quality and workmanlike manner. ,
B
pa�rs, or
f the work
�.j
�#
�
QIIALIFICATION3 OE APPRAISER
Blake S. Davis, MAI; SRA
Minnesota Appraiser License #4000399
Certified Federal General Appraiser
Wisconsin Appraiser License #414
.Certified General Appraiser
PROFESSIONAL AFFILIATIONS
Member of National Association of Realtors
Member of Minnesota Association of Realtors
Member of St. Paul Area Association of Realtors
MAI, Member, Appraisal Institute
SRA, Senior Residential Appraiser
President, 1978-1979, St. Paul Chapter, Society of Real
Estate Appraisers
Board of Directors, Minnesota Chapter, A.I.R.E.A. 1978-79
and 1987-1992
Treasure�r, Minnesota Chapter, Appraisal Institute, 1993
Secretary, Minnesota Chapter, Appraisal Institute, 1994
General Admissions Chairman, Metro/Minnesota Chapter
Appraisal Institute, 1992-1994
Secretary - 1974, 1981, St. Paul Area Board of Realtors
President - 1982, 1983, St. Paul Area Board of Realtors
GRI - Graduate Realtors Institute •
GENERAL EXPERIENCE
Associated since 1962 with Davis & Lagerman, Inc. which
firm has been active in the general real estate business
since 1907, specializing in the management and brokerage
of commercial, industrial, apartment and residential
properties. My experience has been in the areas of
sales, property management, and appraisal assignments. I
graduated in 1962 from Harvard College with a B.A. degree
in Economics. Since 1978 my work has been exclusively in
the appraisal field. �
APPRAISAL EXPERIENCE
My appraisal experience has included assignments covering
a wide vari�ty of properties, both single family and
multiple family residential as well as commercial and
industrial properties. My work has been on a fee basis
with the firm of Davis & Lagerman, Inc.
REPRESENTATIVE CLIENTS
American National Bank
City of Arden Hills .
City of Mendota Heights
City of St. Anthony ,
City of St. Paul
City of Shoreview
Coldwell Banker Relocation
First Trust Company
Girl Scotit Council of the St. Croix Valley
Internal Revenue Service
• .Liberty State Bank
Metropolitan' Airports Commission
� Minnesota Department of Transportation
Minnesota Housing Finance Agency
Minnesota Mining and Manufacturing Co.
Minnesota State Fair .
PHH Homequity
Prudential Relocation
Ramsey County
Relocation Resources
St. Paul YMC�P,
United BN Credit Union
U.S. Forest Servic�
Wilder Foundation
Briggs & Morgan Law Firm
Doherty Rumble & Butler Law Firm
Faegre & Benson Law Firm
Oppenheimer Law Firm
C
�
�r� :
,
CITY OF MENDOTA HETGHTS
MEMO
T0: Ma.yor, City Council and City
Navember 29, 1994
Adminis� t
FROM: Revin Batchelder, Administrative Assista
SUBJECT: Ca�e Na. 94-35: Dr. Barbara Lee - Sign Setback
DISCIISSION '
a
Mr. Bob Sherlock, SignArt representative, appeared o
of Barbara J. Lee, D.D.S., 780 South Pla�a Drive, to reque�
Setback Variance in the B-1 Dis�.rict. This request is to
sign with two forty eight {48) square foot surfaces, for a
ninety-six (96) square feet, to be p3aced within the requiz
yard. {Please see attached Application and Planner's Rep
�' The applicant did not propose a specified location
� sign and appeared before the Planning Commission to n
placemen� of the sign as close to South Plaza Drive as p
The Planning Commission felt tha�. the mare the sign encroac
required setback, the smaller in s3.ze it �hould be. In
removing trees along the west property lin.e, the
Commission felt a ten foot (10' ) se�back from the right-af
appropriate. The Planxxing Commis�ion also �elt that i
should only be lit during business hours and not for the
of the na.ght .
_�
The Planning Commission wa� also concerned about the
of business sign� along Sauth Plaza Drive and requested
staf� review the compliance of alI signs along thi� str�
RSCOb�NDATICIN
behalf
:asign
allow a
otal of
:d front
rt ) .
£or the
:gotiate
�ssible.
�ed into
lieu of
way was
ze s ign
uration
, City
The Planning Commission vo�ed 5-0 to close the public earing.
The Planning Commission voted 5-0-1 (Abatain: Friel) to ecommend
�hat City Council approve a Sign Setback Variance of �we ty �eet
(20') for Barbara J. Lee, D.D.S., �ubject to the ollowing
conditions:
1. That �he illumination be turned off 1/2 hour
close of business.
2. That the sign be reduced in height �.o no more
feet {5'� with a praportionate reduc�ion in wi
and one half or seven feet {6 ij2' - 7'),
ter the
n f ive
to six
�
�:.:���„_,��„�:�r�.>>
CONSULTING PLANNERS
LANDSCAnE ARCHITECTS
3ii{� FIRST AVENUE I�tt}RTFi
SU17'E 210
MINNEAPGILIS, MN i:i•I(11
612•3.i9•:i:3()t)
PLA,NNIIV'G REPORT
DATE:
CASE NO:
APPLICANT:
LOCATiON:
ACTItJN REQLTESTED:
PREPARED BY.
PLAr�NI1�TG CONSIDERATIONS
Background
November 22, 1994
94-35
Siga Art Company, Iac.
Barbara 7. I.ee, D.L1.S.
780 Sauih Plaza Drive
Sign Setback Variance
C. John Uban
BarhazaLee's dentist o�ce has been in existence for a number ofyeazs in a converted
dwelling. Parl�ing in front provicies off street parking far the business and as indicat�
sketcb, some of the parking overlaps inta public right-of-way.
agle family
by the site
There exists today two small sigas close to the street curb within the right-of-way of �outh Plaza.
Drive. The request is ta regla�ce ihase two small non-confor�ming signs with a single s� fa�ot by eight
foot monument siga that is intemally lit to be readable from Dodd Road. Although the sign will be
double sided, the primary face af the sign is for podd Road e�asure. �
Between Dodd Road and the dental office is Bri,ght Star Daycare. Bright Star also has a
from Dodd Road. The dental office aLso has a raw o£fairly lazge pine trees along Sauth
and a row af crab apple trees along the west properiy line screening their parking fram
This mature vegetatian and screening hampers the visibility to signage if it were set
progerty the required 30 foot diistance. The sign that is proposed is more �ian just a nan
for the business and is large enough vcnith internal lighting so that it will also have 1
advertising the business for those traveling an Dadd Road, �
gn visible
laza Drive
e daycare.
�ck on the
plate sign
� affect of
November 22, 1994 Case 94-35 Page 2
Signatures of neighbors were not obtained and mailed notices have been sent to each properiy within
l0U feet. The Planning Commission will have to conduct a public hearing.
Sign Setback Variance
The subject properly has 175 feet of width along Soutli Plaza Drive which allows a calculation of
total signage to be 175 square feet. The proposed sign is six by eight feet in size with a double face,
creating a total of 96 square feet. The ordinance also requires that no sign have no more than a 50
foot maximum square foot size. Because only half the sign ca.a be seen from one direction, it has
been generally interpreted in the past that the siga linutation is 50 feet per siga face for a double faced
sign The proposed sign is 48 square feet per side. Also, no eacisting signage was noted in their
application to make sure that it is in compliance with the total of 175 square feet of signage. S eventy
nine square feet would be available for other incidental signage on the site and building.
The variance requested is for the location di the sign less the 30 feet from the right-of-way. Tlus is
normally considered the front yard wluch is the setback for signage in the B-1 District. The B-1
District does not require any setback to parking for signs and the sign is shown as being nearly
touching the site parl�ing lot. The side yard setback of 20 feet would not allow the sign along the
western edge without removing some of the existing pazking�lot.
The pines along South Plaza Drive block visibility to the sign from the east no matter what the
setback is. The owner has the right to remove trees on their property unless the trees are providing
required screening. Technically, these trees are actually ia public right-of-way, and any removal or
t�imming of the evergreen trces would nead pe,nnission from the City. These trees are shown located
ia the public RO.W. on the site plan that was fumished by the applicant.
The crab apple trees on the western edge are providing screening for the pazking lot. These trees
could be pruned to help the visibility from Dodd Road.
The applicant asked for no specific setback, so I will assume that my review of their application
should indicate what may be a pn�dent setback with appropriate conditions. I believe an appr-opriate
setback in this case could be 10 feet fromthe RO.W. line. This would allow location of the sign in
an area which would be more visible from Dodd Road, but would not be in a location that interferes
with the visibility from cars lea.ving the site. Large signs located directly adjacent to parking and
driveways will block visibility if located directly adjacent to the RO.W.
The sign is very much a commercial desiga which is in contrast to the more residential type name
plate signs that were previously on the site. Since the main focus is advertising to those traveling
along Dodd Road and heading easterly on South Plaza Drive, there would be no reason to have a lit
sign on the east face of the proposed monumerrt sign. The sign lighting should be kept to a minimum
since most of the services from the building take pla.ce in daylight hours. Part of the impact of
moving the sign closer to the RO.W. is light glare to the RO.W. and adjacent properties. Lighting
should be controlled to a modest level with hours of operation consistent with the general area.
The size of the sign appears to be fairly large for just a name plate and is clearly acting as an
! �
, 11/,16/9� 16:05 $612 337 5601
Nove�rtber 22, 1994
DStT. INC.
Case 94-35
advertising sign. As the sign moves closer to the RO.W, to get better visibility, the s
could he reduced T� Planrung Commission can consider whether or not a variance fo
to the RO.W. should b� matched with a reduction in the sign size and ill�mination. '
options have not been exhibited by the applicant since the applicant left the decision �
the Planning Commission to consider.
The Planning Commission should consider whether or not the applicarn has a hard
scre�ning of the site by natural vegetation and its historic use as a dentist office in a c
fam�y dwelling. Should ttns property be sold and redeveloped, a condirion to the v
that any signage must meet all City setbacks and siz� requirements.
Action.
Conduct a public hearing aad make a recommendation to the City CounciL
Conditions.
1.
2.
3.
4.
5.
Setback distance 10 feet or more from RO.W.
Sign message and illumination only on the west facing portion of the sign.
Reduction in sign size as it is placed closer to the RO.W.
Muumal level o£illumination for the sign, plus hours of operation requirec
Redevelopment or intensification o£the use ofthe property requires alI sigr
setbacks.
Past-It"' brand fax transmittal memo 7GTt ���r�9es .
�
� 001/001
Puge 3
ze of the siga
� a sign closer
hese types of
�irly open for
due to the
rted single
� maq be
meet City
si narr�
�
City of Mendota Heights
1101 Victoria G�rve
Mendota Heights, Minnesata 5�128
Plawning Commission / City Council
Dear Members,
�
Barbra. J. Lee D.D.S. and SignArt Co., Inc. at this time would like to ma.ke
application for a sign variance in order ta install a new monument sign closer
property line than the 30 feet setback requirement.
2, 2994
the
Due to the large pine trees which are located across the front af the property and the
Russian olive trees located along the west property line, visibility of the new si�an wi�I
be impassible from Dodd Rd Barbra. J. Lee I7.D.S. is requesting a variance td locate
her new monument sign up to ar as close to the property line as possihle. �
Thank You,
,/ r ,,/ �, f
Bob Sherlock
Sales Representative
SfgaArt Ca, Iac. • 217Q Dodd Rd. • Mendota Heigh#s, MN 5512Q • 612-688-0863 • FAX:
�►1,.1111
t ;it�y o�r
��endota Height�
" APPLICATION FOR CONSIDERATION
C}F
PLANNING REQUEST
Appticant Name:
� � A
M. - • � ee s� ���
� r ir' � . 1 t�� � � , ~ i■ � M"i �
�+�' � �� l+.r r � r v
,.�i ai � �
�
aaa,�: _Zt7D 1�i7D tZt� M�)i� t-#�.. M�1. �'�1�
{Nu�nber Si street? {City} {scate} tZig)
Owner Name: ���� �J• � �/- � � . '
{I.ast) {F'ust} tMI�
Address. __���."? SC7t�� �� (�� �����r �'r�..�' .��`�ii`� • �'��G�'O
(Number & Street) (City) (state) CZin)
�.� . .�.� . � .�- � • :,�.� i� ! l�� t : ' !'
I.egal De�cription af Property: .
Type of Request:
Rezoning
Canditional Use Pemnit
Cauditional Use Pemait for P.0 D.
Plan Appmval
Comprehensive Plan Amendment
Applicable C;ity Ordinance Number
Present Zo�g. caf�Propert� Pmsent Use
Proposed Zon�ng af Fmperty , Prc�posed Use
� Variance
Subdivisian Approval �
Wet3aads Pem�it
Other (attach explanatian)
Seciion
I hereby deelare that ali s'tatements made� ia this request and on the additio al
material aFe brue. �
(Signature of Applicaat}
%l � ��
{i3ate}
(Received by - Tide) '
11UX Victoria Curve • 1Viendota Heights, IViN • 55118 452 • 1$54
December 1, 1994
Mr. Bob 5herlock
signArt
2170 Dodd Road
Mendota Keights, i++Il�T 55120
Dear Mr. Sherlack;
�i ► y o�
1��.endota - H+�i hts
Your application for a S3ga Setback Variaace will be consi ered by
the City Council at their next regularly scheduled meetin�, which
will be held on Tuesday. December 6, 1994. The Council meeting
starts at 7s30 ,o'clocl� P.M. here at City Hall in �he Council
Chambers, You, or a representative should plan on attending the
meeta.ng in order that your application will receive Council
consideration .
If you have an.y questians, please feel free to contact me �
Sincerely,
� ��'��.�.�'�
. ��'��°�
Kevin Ba�chelder
Administrative Assistant
�
Enclosures
cc: Dr. Barbara J. Lee
78fl South Plaza Drive
-
I101 Vietoria Curve • 1�endota Heights, NiN - 55118 45 • 1850
�
n
�
CITY OF MENDOTA HEIGHTS
NOTIC$ OF HEARING
November 7, 1994
TO �HOM IT MAY CONCERN:
NOTICE ia hereby given that the Planning Commission oflMendota
Heights will meet at 7:30 o'clock P.M., or as soon as possible
thereafter, on Tuesday, November 22, 1994, in the City Ha11ICouncil
Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from SignArt Company, Inc. forl a sign
setback va.riance which would allow the installation. of a new
monument sign on the following described property: �
South 200 feet of E 200 feet of W 400 feet of the NW 1f/4 of SW
1/4 Section 25 Twn 28N Range 23W �
More particularly, this property is located at 780 Sou�h Plaza
Drive.
This notice is pursuan.t to City of Mendota Heights
No. 401. Such persons as desire to be heard with refere
proposed Variance will be heard at this meeting.
Rathleen M. Swanson
City Clerk
Auxiliary sids for disabled persoas are available upon
at least 120 hours ia advaace. If a notice of less i
hours is received, the City of Mendota Heights will ma�
attempt to provide the sids, however, this may aot be �
oa short notice. Please coatact City Admiaistration
1850 with requests.
0
to the
Irequest
;haa 12 0
�
te every
�ossible
�at 452-
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-CITY OF MENDOTA HEIGHTS
•������7
November 29, 1994
T0: Mayor, City Council and City Administ
FROM: James E. Danielson, Public Works Directo
SUBJECT: Case No. 94-37: Werthauser - CUP for Land Rec]
The Planning Commission conducted a public hearing
November meeting to consider an application from Mr. Art We
to fill approximately 1,200 cubic yards +/- for his new
1020 Sibley Memorial Highway (Note: There were two
addresses for this lot and Mr. Werthauser prefers the 102
over the 1024 address which we have been using). Because
was unaware of the quantity of fill at the time the pe:
issued, the fill is already in place.
tion
t their
�thauser
home at
�ossible
� number
:he City
mit was
At the public hearing there were comments from,the Moores and
the Hills. Their issue remains to be one of drainage. Both homes
have had a history of ground water problems and they contin�e to be
concerned that this development will increase their problem.
There were four recommended conditions of approval,
which was for Mr. Werthauser to enter on the Moore's pro�
the rear yard area to fill a small area that does not dr�
area did not drain before Mr. Werthauser did his constructi�
the Planning Commission meeting, the Moores stated that thE
refuse to allow Mr. Werthauser to enter on their property.
alternative, Mr. Werthauser can lower his property along
line to allow for drainage and that condition was modi
reflect that.cause of action. -
Review by Other Agencies
The Moores have called other agencies to request tr
of the project. Met Council and NIDNR are two agencies
contacted me to tell me that they have been contacted by
and NIDNR called back to inform me that upon reviewing
they saw absolutely no problems being created by Mr. We
development.... "The .development was not unlike thousands
that NIDNR has reviewed throughout the area that are also
trouble for abutting neighbors".
�
cat
one of
:rty in
.n ( The
Z ) . At
► would
In the
,he lot
ied to
review
t have
Moores
site,
.user' s
others
� ing no
f
The Planning Commission voted unanimously to recomml
granting of the requested Conditional Use Permit fo
Reclamation subject to the following conditions:
1. The home have gutters and that the downspouts il
gutters be directed away from the neighboring h
the west to the greatest extent possible. I
2. That all site drainage be directed away from t
to the greatest extent possible.
3. That a catchbasin be installed in the rear
capture drainage coming from the east and dir
down the east side of the driveway.
4. That the grade along the west property
constructed so as to create positive drainage f
to north.
ACTION RE4IIIRED
If Council desires to implement the recommendat:
should pass a motion adopting Resolution No. 94- , A R
APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION
SIBLFsY MEMORIAL HIGHWAY.
JFsD : kkb
the
Land
or the
use on
Moores
to
it
e be
south
, they
)LUTION
�R 1020
0
CITY OF MENDOTA HgIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLIITION NOe 94-
A RSSOLIITION APPROVING A CONDITIONAL IISL PLRMIT FOR
RSCLAMATION FOR 1020 SIBLSY 1�ZORIAL HIGHWAY
WSEREAS, Mr. Arthur Werthauser has made applicatiof� for a
Conditional Use Permit for Land Reclamation to construct alhome at
1020 Sibley Memorial Highway; and
�SEREAS, the Mendota Heights Planning Commission has cenducted
the required public hearing for the applicant at their regular
November 22, 1994 meeting; and
�HEREAS, the Mendota Heights Planning Commissi9on has
recommended approval of a Land Reclamation Permit for 1020 Sibley
Memorial Highway subject to the following conditions: I
1. The home have gutters and that the downspouts �for the
gutters be directed away from the neighboring ouse on
the west to the greatest extent possible. (
2. That all site drainage be directed away from the Moores
to the greatest extent possible. I
3.
4.
and
That a catchbasin be installed in the rear iyard to
capture drainage coming from the east and directing it
down the east side of the driveway. �
That the grade along the wet property line be con�tructed
so as to create positive drainage from south to�north.
�PSEREAS, the Mendota Heights City Council has revi
Land Reclamation permit at its December 6, 1994, meeting �
the plan will not adversely affect the adjacent land.
3 the
f inds
NOW THEREFORE BE IT RESOLVED that the Mendota Heig�its City
Council grant a Conditional Use Permit for Land Reclam�tion to
allow the construction of a single family home at 102 Sibley
Memorial Highway according to the grading plan submitted a d dated
November 15, 1994, all subject to the following condition :
1. The home have gutters and that the downspouts
gutters be directed away from the neighboring
the west to the greatest extent possible.
f or the
iouse on
�
2. That all site drainage be directed away from t
to the greatest extent possible.
3. That a catchbasin be installed in the rear
capture drainage coming from the east and dir
down the east side of the driveway.
Moores
�rd to
ing it
4. That the grade along the wet property line be con tructed
so as to create positive drainage from south to north.
Adopted by the City Council of the City of Mendota Heights his 6th
day of December, 1994.
ATTEST:
Kathleen M. Swanson
City Clerk
By
CITY COUNCIL
CITY OF MENDOTA
c:narles �, r�ertensotto
Mayor
December 1, 1994
Nlr. Arthur Werthauser
1357 South Prior Avenue
S t. Paul , NIl�T 55116
Dear Mr. Werthauser:
.
1'
1Viendota Hei
Your application for a Conditional IIse Permit for Land
will be considered by the City Council at their next
acheduled meeting, which will be held on Tuesday, Decembe�
The Council meeting starts at 7:30 o'clock P.M. here at
in the Council Chambers. You, or a representative shoul
attending the meeting in order that your application wil
Council consideration .
If you have any questions, please feel free to contact
Sincerely,
���x-� ������ l��
Revin Batchelder
Administrative Assistant
RLB:kkb
Enclosures
L�
�lamatioa
+egularly
I6. 1994.
lity Hall
l plan on
receive
d
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 , 52 • 1850
CITY OF MENDOTA HEIGHTS
November �
TO: Planning Commission
FROM: James E. DanieLson, Public Works '
SUB�JTCT: Werthauser - CUP for Land Reclamation
Case No. 94-37
ffiSTORY•
Mr. Art Werthauser owns a single family lot in Mendota Heights at 1024 Sib'
Memorial Highway ('tYunk Highway 13). This lot was previously owned by Sluely �
Gravel. Shiely used the lot as a borrow ama for fill and when they sold it, they left i
mugh, irregular land form. Volunteer trees have grown up since Sluely completed tl
and sold the lot, leaving the lot wooded with cottonwood, boxelders, elm and other �
desirable types of trees. Mr. Wertt��auser has owned the lot for appro�dmately seven
has also proposed to cooperate with a development of the larger lot to the east in a v i
construct townhomes. That proposal was rejected by the City and Mr. Werthauser c
develop the lot with one large, single family home. I
Lot Line Boundarv Problems
The Werthauser's 1ot together with the surnounding lots are plagued with sw
aad bouadary disputes. Mr. Werthauser and his neighbors to the west both have re
surveys that I have seen. Mr. Werthauser's home location is shown to be setback c
from his survey line. The Moores contend that their east lot line should be further
have not seen any evidence to support that claim aad I believe Mr. Werthauser's hc
to be correct for all possible lot line scenarios. The attached site plaa shows that th
falls right through the Moore's home when Dakota Counry's quarter section map is
superimposed on their contour map.
Draina�e
The Moores and the Hills, the two homeowners, located to the west of the VV
lot have made the City aware of a long standing groundwater problem with their hor
are concerned that the Werthauser development will make this problem worse. City
performed a survey of the yards, and that survey concludes that Mr. Werthauser's si
water drainage, if pmperly handled, will cause no increased water problems for the :
the Hills (see attached site plan).
17, 1994
�nd and
in a
;ir work
aad
; to
to
errors
, but I
location �
t line
They
has
or
MnJDOT Driveway Permit
Mn/DOT officials have contacted me and confumed that Mr. Werthauser has applied
for his needed driveway permit.
�il Quantity
Mr. Werthauser stated at the October Planning Commission meeting that his
development required appmximately 1200 cubic yards of fill. He recently told me that was an
estimate of "compacted" fill. The Moores contend that enough 10 cubic yard trucks have
arrived to deliver in excess of 2200 cubic yards of fill. Tnicks deliver loose fill and there is a
30-44 � shrinkage factor when this fill is compacted. The City's Ordinance is silent as to
whether the 400 cubic yard fill threshold is for loose or compacted fill, in any event Mr.
Werthauser's pmject exceeds the 400 cubic yard threshold aad requires a Conditional Use
Permit (CUP) for Land Reclamation.
Citv Council Consideration
Upon receiving a unanimous recommendation for denial of his CAO wall setback
variance from the Planning Commission, Mr. Werthauser withdrew his request and did not
attend the November lst City Council meeting. He did make application for the required CUP
for a Land R�lamation permit to be considered at the November Planning Commission
meeting. The affected neighbors, the Moores and the Hills attended the November 1 st City
Council meeting and requested that the City Council withdraw Mr. Werthauser's building
permit pending consideration of his Land Reclamation (Fill) Permit. Because Mr. Werthauser
was not present at that meeting to represent himself, Council continued the Moore's request to
a special meeting the following Monday, November 7th.
At that special meeting Council considered input from the Moores, Werthauser, other
public and the City Attorney, and then took no action to withdraw Mr. Werthauser's building
permit.
DISCUSSION:
Mr. Werthauser has prepared the attached grading and landscaping plans which he has
revised to accommodate a lowered garage slab elevation. I suggested that he also design the
grading so that, to the greatest extent possible, it will m;nimi�P the runoff that goes west
toward his joint lot line with the Moores. To accomplish this Mr. Werthauser has agreed to
add a catch basin ia his rear yard adjacent to the east property line. This catchbasin will pick
up aay drdinage from the east and direct it down the east side of his driveway. Mr.
Werthauser continues to offer to do the filling and sodding necessary on the Moore's properiy
to improve their rear yard drainage adjacent to his properiy. In order for Mr. Werthauser to
complete this work, the Moores will also need to agree to allow him access to their properiy.
ACTION RFAUIRED:
Conduct the required public hearing to consider a Conditional Use Permit fo'.
Reclamation for 1024 Sibley Memorial Highway. A copy of the Land Reclamation I
is included below which includes the standards by which the City is to review the aF
The most applicable standard being "finished grade shall not adversely affecting the
land" (drainage). Possible conditions of any approval could include the following:
1.
2.
3.
4.
The home have gutters and that the downspouts for the gutters be
from the Moores to the greatest extent possible.
That all site drainage be directed away from the Moores to the
possible.
That Mr. Werthauser be willing to work with the Moores to cornect �
areas in their rear yard to pmvide positive drainage north toward the
That a catchbasin be installed in the rear yard to capture drainage
the east and directing it down the east side of the driveway.
4.12 ' LAND 1tECLAMATION
Under this Ordinance land reclamation is the re�
of land by depositing of material so� as to ele`
grade. Land reclamation shall be permitted on.
conditional use perm�.t in all districts. Any
parcel upon which four hundred (400) cubic yards
of fill is to be deposited shall be land recl�
The permit shall include as a condition th�
finished grade plan which will not adversely, af�
adjacent land, and as a condition thereof shall :
the type of fill permitted, program for rodent �
plan for fire control and general maintenance
site, controls of vehicular ingress and egress,
control of material dispersed from wind or hac
material to or from the site.
Laad
away
extent
low
�te the
y'by a
lot or
of more
mation.
reof a
ect the
egulate
ontrol,
of the
and for
�in� of
CITY OF MSNDOTA HLIGHTS
NOTIC£ OF HEARING
November 8, 1994
TO W80M IT MAY CONCLRN:
NOTICE ia hereby given that the Planning Commission of
Heights will meet at 8:00 o'clock P.M., or as soon as p
thereafter, on Tueaday, November 22, 1994, in the City Hall
Chambers, 1101 Victoria Curve, Mendota Heights, Minnesa
consider an application from Mr. Arthur Werthauser
Conditional Use Permit for land reclamation for over 40i
yards of fill on the following described property: I
That part of Government Lot 5, Section 23, Township 28
23, described as follows: Commencing at the southeast
of the NW 1/4 of SW 1/4 of Section 23, Township 2�8, Ra
thence west 611 feet, thence north and parallel w:
quarter quarter section line 864 feet to the center
Mendota Road (so-called), thence northeast along the ce
said road 595 feet to the point of beginning of t]
herein conveyed; thence northeasterly along the said
line of said Mendota Road from said point of beginnin
feet more or less to the quarter quarter line, thenc
430 feet, thence at right angles to the west 11 feet,
at right angles to the north 335 feet to the pc
beginning.
ible
:a, to
for a
cubic
Range
corner
.ge 23,
:h the
ine of
�ter of
� land
center
133.5
south
thence
.nt of
More particularly, this property is located at 1024ISibley
Memorial Highway.
This notice is pursuant to City of Mendota Heights Orc�inance
No. 401. Such persons as desire to be heard with reference�to the
proposed Conditional Use Permit will be heard at this meet nq. •
Avxiliary sids for
at least 120 hours
hours is received,
attempt to provide
oa short aotice.
1850 with
Kathleen M. Swanson
City Clerk
disabled persoas are available upoa 'equest
ia advaace. If a aotice of less t� 120
the City of bieadota Heights will mak every
the aids, however, this may not be p ssible
Please contact City Admiaistratioa ,t 452-
requests.
I►1,►11��
�ity oi
1��ienda�a Heigh�s
" APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. �`�' ! �,,.�_`_ .
Date of Ap I�cauou —at,�-
Fee Paid � �' "
Applir,ant Name: /�' 2r� 2��i z-T7�t �c.s E�'t._ PH:
�) (F'�) (�
& Streei)
ts�> t�n)
OwnerName: _ �wu�,.�► �es,�,,,t2�oY-G--
S�� (Last) (F'�) (MI? '
�� F�V' !�e tJ- °�.. �' '� t a.�.. � /�l � �`S' � � �
Address: __ t3�' � s,a, c o v •
(Numb�r &
Street Location of Pmperty in Question:
L�gai Description of Property:
T"ype of Request:
_.�� Rezoning
�G _ Candifional Use Permit
Ccmditionat Use Fern�it for P.U.D.
Pian Apprnvai
Comprehensive Plan Amendment
(City} (State) C�P)
Variance
Sul�divisian Approval
Wetlands Penmit
lJther (attach ezplanation)
Agplicable City Qrdinance Number Section
Pieseent Zo�ng. c�f�ProPerEg' Present Use • .
Proposed 2oning of Pmperty : P�+oposed Use
I hereby de�rtare that ali sr�tements made in this request and on the additio
materi� are tcue. �
{ ignature of Agplicazti .
� �� • 2 ro �( Gt ci �-(
(Date)
(Received by • �t2e} ..
11Q1 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452• 1850
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571227
PROrOSED .LOT SPLIT
FOR LOT 1& LOT 2
EASEMENTS TO BE VACATED
P�O LOT 1. BLOCK 1. NORTH IVY HILLS SECOND ADDITION
The easterly 5.00 feet of Lot 1, Block 1, NORTH IVY HILLS SECOND ADDITION,as platted
of record, Dakota County, Minnesota, except the northerly 5.00 feet and the southerly 10.00
of said Lot 1.
P�O LOT 2. BLOCK 1. NORTH IVY HILLS SECOND ADDITION
The westerly 5.00 feet and the easterly 5.00 feet of Lot 2, Block 1, NORTH IVY HILLS SEC(
ADDITION, as platted and of record, Dakota County, Minnesota,except the northerly 5.00
and the southerly 10.00 feet of said Lot 2.
DESCRIPTION FOR PARCEL A
All except the easterly 10.00 feet of Lot 1, Block 1, NORTH 1VY HILLS SECOND ADDITION,
platted and of record, Dakota Couniy, Minnesota.
DESCRIPTION FOR PARCEL B
The easterly 10.00 feet of Lot 1 and that part of Lot 2, all in Block 1, NORTH IVY HILL,S SE-
COND ADDITION, as platted and of record, Dakota County, Minnesota, lying westerly of the
following described line and iYs northerly and southerly extensions:
Commencing at the southeast corner of said Lot 2; thence South 63 degrees 22 minutes 15
seconds West, bearing assumed, along the southerly line of said Lot 2, a distance of 8.93 fe�
to the point of beginning of the line to be described; thence North 0 degrees 14 minutes Ol
seconds West, parallel to the easterly line of said Lot 2, a distance of 80.00 feet; thence
northerly to a point on the northerly line of said Lot 2, distant 30.00 feet westerly of the
northeast comer of said Lot 2, as measured along said northery line, and there terminating.
PROPOSED DRAINAGE AND UTILITY EASEMENT
A strip of land, being 10.00 feet in width, for drainage and utility purposes, over, under and
across Lot 2, Block 1, NORTH IVY H1LLS SECOND ADDITION, as platted and of record, Dakota
County, Minnesota. The centerline of said strip is described as follows:
Commencing at the southeast comer of said Lot 2; thence South 63 degrees 22 minutes 15
seconds West, bearing assumed, along the southerly line of said Lot 2, a distance of 8.93 feet
to the point of beginning of the line to be described; thence North 0 degrees 14 minutes O1
seconds West, parallel to the easterly line of said Lot 2, a distance of 80.00 feet; thence
northerly to a point on the northerly line of said Lot 2, distant 30.00 feet westerly of the
northeast corner of said Lot 2, as measured along said northerly line, and there terminating.
PROPOSED DRAINAGE AND UTILITY EASEMENT
' A strip of land, for drainage and utility purposes, over, under and across the westerly 10.00 feet of
the easterly 15.00 feet of Lot 1, Black 1, NORTH IVY HILI,S SECOND ADDITION, as platted
and of record, Dakota Couniy, Minnesota,
I hereby certify that this survey, plan or report was prepared by me or under my
direct supervision and that I am a duly licensed land surveyor u der the laws of tfie
state of Minnesota.Signed this 3�``tlay of .t�X.'To , 199�
By
Gary R. Ha i Minnesota LS. No. 10943
�
_ �
�,� � �, o
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� {jm.am �T. cn�o D .��i
� C7 . � �
O �ap�Z � z�m��
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N �
ames R. Hi i c.
�
PLANNERS / ENGINEERS / URVEYORS
2500 W. CTY. RD. 42 • BURNSVILLE, MN. 553 7• 612-890-6044
571227
� �
s'
P�CvPOSED LOT SPLIT
FOR LOT 2& LOT 3
EASEMENTS TO BE VACATED
P�O LOT 2. BLOCK 1, NORTH IVY HILLS SECOND ADDITION
The westerly 5.00 feet and the easterly 5.00 feet oE Lot 2, Block 1, NORTH IVY H1LLS
ADDITION, as platted and of record, Dakota County, Minnesota,except the northerly
and the southerly 10.00 feet of said Lot 2.
P�O LOT 3. BLOCK 1, NORTH IVY HILLS SECOND ADDITION
feet
The westerly 5.00 feet of Lot 3, Block 1, NORTH IVY HILLS SECOND ADDITION, as pla ed
and of record, Dakota Couniy, Minnesota, except the northerly 5.00 feet and the southerly 0.00
feet of said Lot 3.
DESCRIPTION FOR PARCEL B
The easterly 10.00 feet of Lot 1 and that part of Lot 2, all in Block 1, NORTH IW HIL.L.S ;
COND ADDITION, as platted and of record, Dakota County, Minnesota, lying westerly of
following described line and iYs northerly and southerly extensions: ..
Commencing at the southeast corner of said Lot 2; thence South 63 degrees 22 minute 15
seconds West, bearing assumed, along the southerly line of said Lot 2, a distance of 8.9 feet
to the point of beginning of the line to be described; thence North 0 degrees 14 minute Ol
seconds West, parallel to the easterly line of said Lot 2, a distance of 80.00 feet; thence
northerly to a point on the northerly line of said Lot 2, distant 30.00 feet westerly of the
northeast corner of said Lot 2, as measured along said northery line, and there terminahng.
DESCRIPTION FOR PARCEL C
Lot 3, and that part of Lot 2, all in Block 1, NORTH IVY HILLS SECOND ADDITION, as
and of record, Dakota County, Minnesota, lying easterly of the following described line: �
Commencing at the southeast corner of said Lot 2; thence South 63 degrees 22 minutes 15
seconds West, bearing assumed, along the southerly line of said Lot 2, a distance of 8.�3 feet
to the point of beginning of the line to be described; thence North 0 degrees 14 minute Ol
seconds West, parallel to the easterly line of said Lot 2, a distance of 80.00 feet; thence
northerly to a point on the northerly line of said I.ot 2, distant 30.00 feet westerly of th
northeast comer of said Lot 2, as measured along said northery line, and there termina ing.
, PROPOSED DRAINAGE AND UTILITY EASEMENT
A strip of land, being 10.00 feet in width, for drninage and utility purposes, over, under a d
across Lot 2, Block 1, NORTH IW HILL.S SECOND ADDITION, as platted and of recor , Dakota
County, Minnesota. The centerline of said strip is described as follows: �
Commencing at the southeast comer of said Lot 2; thence South 63 degrees 22 mini�tes 15
seconds West, bearing assumed, along the southerly line of said Lot 2, a distance of .93 feet
to the point of beginning of the line to be described; thence North 0 degrees 14 min tes Ol
seconds West, parallel to the easterly line of said Lot 2, a distance of 80.00 feet; then
northerly to a point on the northerly line of said Lot 2, distant 30.00 feet westerly of e
northeast corner of said Lot 2, as measured along said northerly line, and there terminatinv.
PROPOSED DRAINAGE AND UTILiTY EASEMENT
A strip of land, for drainage and utility purposes, over, under and across the westerly 10. 0 feet of
the easterly 15.00 feet of Lot 1, Block 1, NORTH IVY HILLS SECOND ADDITION, as pl tted
and of record, Dakota County, Minnesota,
I hereby certify that this survey, plan or report was prepared by me or under y
direct supervision and that I am a duly licensed land surveyor ur� der the laws � f the
state of Minnesota.Signed this 3�`�lay of .�.'Tol�� , 199fL , i �
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�Qr.fl� O ��p D
` ,A'T',An � N.p���
W Z�� D �' m O Z
o ���0 m �'1� �
N '
:
Gary R. Ha�ris� Minnesota LS. No. �0943
. .I
ames R. H� � c.
, ►�
PLANNERS / ENGINEERS /
2500 W. CTY. RD. 42 • BURNSVILLE, MN
RVEYORS
37 • 612-890-6044
{�.
CITY OF MENDOTA HEIGHTS
i� �
December 2, 1994
TO: Mayor and City Council
FROM: Tom Lawell, City Administr o
SIIBJECT: Draft Purchase Agreement for Proposed Day Care Site--
"Outlot B° Mendota Meadows Proposed Plat
�
DISCIISSION
On Noveinber 15, 1994 the City Council formally denied an
application of Mendota Homes to construct a 36 unit townhouse/
day care center development on the southeast corner of Dodd Road
and Mendota Heights Road. During the course of the decision
making process it was suggeated that the City contact the owner
of the property, Mr. R.A. Putnam, to determine his willingness to
sell a portion of the site to the City. This concept was briefly
discussed by the City Council at both its November lst and 15th
meetings.
Based on recent conversations with Mr. Putnam, he is willing
to sell the westerly portion of the parcel, now denoted as Outlot
B on the proposed Mendota Mea`dows plat, to the City, and a draft
purchase agreement to accompl�ish the transaction is attached for
your review and comment.
In support of the proposed purchase, an independent property
appraisal has been ordered from Mr. Thomas Delaney. Work on the
appraisal is on-going and it is hoped that the completed
appraisal will be available in time for the December 6th Council
meeting (see attached letter to Mr. Delaney).
In terms of timing, the envisioned property purchase is
related to the Council's reconsideration of a revised Mendota
Homes plan which is scheduled for December 20, 1994. The
Termination of Offer noted in the attached purchase agreement is
December 21, 1994. Assuming the purchase agreement is accepted,
the closing date of the sale would be on or before January 16,
1995.
FIINDING
The proposed purchase price of the property is $125,000.
Taxes on the property would be paid by the seller for 1994 and
would be the City's obligation for 1995. ThekCity agrees to
assume any levied or pending special assessments of which there
are none against the property.
Funding for the acquisition of the property is proposed to
come from the City's tax increment financing district. Due to
the close proximity of the site to Dodd Road and Interstate 494,
the parcel is highly visible and serves as a"gateway" location
to the City. In furtherance of the economic development goals of
the City, the site is ideally situated to accommodate the future
construction of an identifying monument sign for the community.
Such a monument would enhance the visibility of the community and
would serve to identify nearby office/business park properties.
The actual design details of the proposed monument sign would
need to be developed sometime in the future.
ACTION RE4IIIRSD
Council should review the attached draft purchase agreement
between the City and R.A. Putnam and Associates to determine if
the agreement is acceptable. Subject to the provision of a
suitable appraisal report, the Council should consider approval
of the purchase agreement. Should the appraisal report not be
available on Tuesday, consideration of the approval of the
purchase agreement could be deferred until the Council's December
20th•meeting.
r '+ ,
1 ''
�1 C ity o�
... < <. � 1Viendota Heights
December 2, 1994
Mr. Thomas Delaney
1293 West First National Bank Building
St. Paul, NIlJ 55101
Dear Mr. Delaney:�
The following information and instruction is being forwarded
relative to the appraisal of a parcel of land located at the
southeast corner of Dodd Road (TH 149) and Mendota Heights Road.
As ahown on the attached map, the parcel is identified as Outlot
B of the proposed Mendota Meadows plat and has an area of
approximately 58,745 square feet.
The parcel is part of a single owner�ten acre tract that was
designated on the City's comprehensive development plan as high
density residential/plan.ned unit development (HR/PUD). While in
this use designation, the City became involved in litigation
after it denied a proposed development for 64 townhomes on 9
acres and a day care center on the westerly one acre which is the
subject matter of the appraisaT. The denial centered on the
number of townhomes in the proposed development. While the
matter was on appeal, the City officially changed the
comprehensive plan designation for the land to NIlt/PUD. (Private
nursery and/or day care schools are conditional uses under the
NIlt/PUD designation.
The City's denial of the 64 unit townhome proposal did not
address the day care facility. The City now has another proposed
development for 36 single story townhomes on approximately nine
acres, and a day care facility for 117 children to be located on
the westerly portion of the property now shown as Outlot B.
Based on traffic concerns related to the day care center, and the
townhouse development's failure to meet the City's density and
impervious surface requirements, the proposed development was
denied by the City's Planning Commission. Recently, the City
Council affirmed the Planning Commission's recommended denial.
To avoid the expense of further litigation, the City intends to
acquire the Outlot B parcel which would eliminate the proposed
day care facility. You are therefore requested to appraise the
Outlot B parcel under the following use designations:
1) Medium Density Residential/Planned Unit Development (MR/PUD)
2) Private nursery and/or day care schools.
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
` I �
Mr. Thomas Delaney
December 2, 1994
Page 2
Of course, the final decision regarding the reasonable land use
of the Outlot B parcel rests with the Mendota Heights City
Council. Your appraisal as to the market value under both use
designations will be of assistance to the Council in discussing
this issue at their December 6, 1994 meeting. Please deliver to
me by messenger or fax (452-8940) your appraisal report by noon
on December 6th.
Should you have questions or comments regarding any of the above,
please let me know.
Sincerely,
CITY OF ME OTA HEIGHTS
Tom La ell
City Administrator
Enclosure
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From : R.A.PUTNAM&ASSOC/TANDEM CORP. PHONE No. : 0926212210 242721203 Dec.01 1994 4:49PM P�1
. r
YKJRCIIASfz ANL'f SA1..Ti AC;R1iCs�IE1�1T
1'I-I1S AGREEMLI�'f ��iade ai�d ciitereci inta this _ day of ll��ember, 199�, hy
and bctwc:c:n ft.A. k'uuY�ll c4c Asscseiat�s, It�r.:� a corpc�rati�n or�ai]3�cd r�uid exisCing
under thc laws uf MiiYt�esota (th� "Sell�r"), �uid thc c:�ty of Mcndot� I�ci�l�ts, s.t
municipal c�rp��dtian uli�tcr th� laws u!' t.hc Statc �f Minnesot:a (the "I�us��r")_
ARTICLE 1
PROI'LRTY
1.1 Lt;Q�.l Descrirtion - Su.hjcct to the terms� conditians� rcrresentatianc and
waxrantie� s�L fvl't1i l�ercin, Seller �.grces tU sell to Buyer, and Buy�r �igrc�c�s 1r,
�urchase frarn Seller, praperty lvc��c� ln the City of Mendoca I�ci�;���.ti, ll��kota Crnai�ty,
5tatc: af Minncsc�ta, legally dc:srribe:cl c�ii rhl�lUit A att�Lnc�:cl l�crct� �u�d inc.erparatad
hcr�in �s Uutic�t �i of Mcaldota ivleadows (l•he " Pr-upea�ty").
ARTICLI: 2
PURCHASE YKiC�
2.1 Purchase Frire - Buycr, u� c.onsidcrati�n of thc mutual ��ven�its a�d
�greeinc�yts contained hcrcin, hereby agrees to pay to Sellcr as the Purc.hase price
for the Praperty the stun of Onc Ilundred and 'rwenty-l�ive Thousaxtid dollars
($1"LS,(.H.N1.{ H'fj.
2.2 �'aymei�t ot Purr.hase Pricc_ -'fhe purc.hase pricc shall be paid by 13uyeJ• tc>
4eller as follows:
a. Five 7'hausand anc3 no/l0U l?c�llars ($S,UUO.(��} carnest moncy by
l�uyer's check, the reccipt at which iti hereby acknawiedgcd, to be dcpc�sited ii� an
interest�.-bearing es�row accoui�t wi�h St�w�r� Titic lnsurancc Company.
b, 'l`he balan�e of $120,OQQ.U() in c�sh, guaranteed fu�.�ds or wirc transi'er cm
Closing Dacc as hereinafter defined.
� 'l.3 Pc�ssibl� Tax-Free � c��.hange - Scilcr herel�y represents, and l3uycr hexeby
��cknawXcdges, that seller may desire to struct�ure thc transacticsn evidenr.c h�reUy as
Part af an c:xchan�c of progertics of like kind within the coiitc:m�lation of' the
Iniernal Rcvc:nue Codc. �iuyen c�rcby a�reas to coaperate witl� Srlier ui struc�uriii�
� uc}a a like kind exchangc: providcd that (i) suc�h r.aoperatic�n sha11 be withaut r.ast or
experas�to thc Buyer; (ii} liuyer s��all receive notice of t1i� prapc�scd strucLurc of
the tras�sac.tion and the idca�ti�y anci c�rganizational form af any third �arty
pal�ticipailt 2�nd a co�y c,l' any Gxchangc: ag►•Gei»ent or ather abrcements pertinent to
the transactian at 1Gast fifrccn (15} days prior to tl�e date of cl�sin�; {iii) all as�ects
of thc� like kind cxc.han�c sha11 cl�sc simultaneous�y on nr befare thc date of closing
hereundcr; and (iv) the struclure of thc transactic�n (A) sha�l �ot rcquire l�uyc�r to
}.zald titic (as a canduit or otherwise} ta a��y ��roperty c�ther than ihe prc�perty, (Ii)
shali t�c designatcd sc> that thc purchasc pricc: hereuncier is paici ta t:hc� Seller in cash
o�Y the date c�f closing.
. . 1 n i i��r�u u� - /�N�' 1
\
��
i � 'ny�
AR'1'ICLI; 3 �
srj.[.riz�s Izr:��tF.St:�vTnTT(�NS A WARRANTI�S �
Sc11er represents, warrants and agrees, � s if suc�h rc}�rescnY�tti.c���.s, warraizties �
and agreements were made a� the applicablc: mc, as follaws: �
a. Marketabye Titie - Subject to �crf� a►ncc by iiuyer, on t�he Clasing lrate
S�]ler will dclivcr to Ruycr a warranty dee , to�ether with any awner's c3uplir.atc
c.rrtificatcs of title, subject oniy to t�he tollawing exceptions: ra�-
_..--
iAtithin twenty-live (25) days af LhC date of this A$reement, Se11er shall obtain and
dcliver 1.h i3uy�r, at� Sclicr's exgenses, an Abstract �f 'C'itle �r Reg�st:ered Yxari�rty
Abstract to thc Progerty, praperly cer�ified ta ciate, includuig pra er searches
cavcrin� bankruptcies, state �nd federal tax licns, juds�ncr�rs nl
asser+smcnts and pcnd)ng asscsSments. I�uyer shall be all�we seven (7 ays after
reccipt of such Abstract of 'litic or ltegistered !'roperty Abst�-a ' xami�zation a»d
the m�l:ing of �u�y objcccions t� r.hc marketability of the title, such ubjertiuns ta be
made ii� writing or dccmed waivcd. !f any objectians are niade� Seller shall be
allawc�ci onc l�.undred twenty {11U) days frorn reeeipt of notir.e c�!' sur.h c�hjcctic�ns to
make title rnarketahlc. if such dcfccts are cured within said one huiidred twenty
(12(.)) day peric�d, Buyer s1�a11 l�c nc�tifled in writin� of the curiiig af the defects, in
which case the Clasing Date shall be the later of the Closing l�ate sper.ificd in Artic:ic 7
or ten (10) days after the notice af curt l•o thc Ruyrr. if surh tir.�c: x� sanr. maa•kct�lalc
and is nal made sc� wil•hin c�nc hundred twcnty { i'LU) days from thc date of Se11er's
recc�i��Y c�f the writtcn objcctio��s and Buyer does nat waive the curing of the clefer.ts,
this A�,�rccmc»t sha11 l�c vc�idal�lc ai the option af the Buy�r, i�. whi�h event neither
lsuycr nor Scllcr shal! be lial�le for dtut�ages hereunder to the otller and atl man�y
paid by Buyer ta Seller shall be refunclec3 forhtwatl� to �iuye�.
b. 1.at SPtit/Sur-vcx -]mmediately upon appraval af the plan f'ar thir�y-six (3G)
homes by Mendota Homes, Inc., Seller shall eause to be madc and dc:livc:reci tc� Ruycr a
true and accurate survey or platt identifyin� th� cx:�ct hc�w�dary lines �nd acreage oi'
the prc�perl�y� tn l�e Pur�hatiGd.
c. E�vironrnen�,a1 Laws � Seller warrariis th�t it is withc�ut knc�wlecigc: a!' th� presenr.�,
either an, u1 or undei• tlie pro�erty af hazardous or toxic materials as such terms �re
defined under loc.al, state, and federal laws and regulatic�ns, inr.luding, wit.haut.
limitatioi�, petrvl�um products, urea-fcn-ma]dehydes and asbestas.
d. Proceedin�s - 1'hc;rG is no artian, li�i�ation, Invcstigatiau, condcinnati�n or
proceedin� af any kind p�ndi g or thre�ieY�ed �gairtsl Seller ar any pc�rtic�n ��f thc:
}�'roperty. �� �+6 � Q�% •
ARTICI�
NQ'lyCli�
All notices, dernands, writings, supplcmrntti nr othrr dc�r.umcnts which arr
requ�red c�r riermit�eci k�y t:h� t:crms af th;is Agr�ement ta h� �ivcn ta aa�y Party, shall
be defivered in persan oi• shall be deposited in the United States Mai.l, pust�ge �repaid,
return rer.eipt rec�uesteci, ac�dressed as set 1�c�rt:h below and shall be e1'i�et:live upt»
such dcpasit:
SELLER: RICHARD A. PUTNAM
1t.A. Yutnam & Assaciatcs
27(�S Casco P�itzt Road
W��y���ta, MN 55391
2
'''�"'� • rc. H• r'u � iv�-t�7�R5SOCiTANDEh1 CpRp, pt�iy� �o. ; p926212210 242721203 Dec. 01 1994 4: 50PM �a2
nuY�?��: �c��r �r M�rran�TA l��crt-�rs
�ity Acitnlnictr�tnr
1 ] ol victaria r.urve
Mcr�clt�is� tieight��, MN �S1 � �i
att��tcLi 5
TAXES
S.Q] l;p►L ly�S'T..l1"l'�'lAX.� -/�1i1 r4d1 estate taxc,s duc: �nd �ayahlc in 3 934 and
prior y�ax�s sli�.11 bc paid by Scller. S�ller shal� be resp�nsiUie fUr all dcferr�d taxcs
3ncluding rcCapturc t��.es resulting from C,rcen t1�re class�iiratioi� on ihc Px�o��erLy.
}iuyc:r s1��11 �ay �tll rc�1 estate taxes due anc� payahle in 1���, and thereafter.
S.U2 �PI_CIhI. A:��s�SSM�h.,,�S - Suyer d�;i•ccs to as�uine levit�d c�t� �c•�di»� spc�c�al
assc�,+sm�nl's, '�`hc tut.�i atncyu�t t4 he �id by Buycr witi be det�r��ll�.��r� t�y dividlr�� thc
tc�t�l spe�`ial �sses�sments far thc total 10.5�-- acrc ��rcc�i by ch� uuinber af ac:res tc�
determine a square fc�atage rate.� rate ta bc mt�l '�Siicd times the xr�pe��quar�
fvt�i ar�a. ` rx. � �,;,,
, "�"� � ' . �..,.�. , ��--� �,.r..�,� S�r�
AItTICi..� fi ��
CL�%SINCi I��1� -��,�/
� � l
U.al C Using �atc - Unlcss an earlier ay Ys mutuaily a�'eeahl� tca Buyer aiid
Se11cr, clas3n� hereunder ,�hai1 b� on the 1` th day af January, i�95 (thc "Closing
Datc"). tlriless Qihcrwise agrecd upo�a by liuyer anc� Seller, Ciasing shall ot�cur at
lU;a4 a.rn. on the Clc�sing 1�ate a�Yd shall accur at the t�ffices of S'tc�wart'IYtic, 1 f��0 W��t
�2nd Strecx, I�Ioomi�i�r.nn, MN 55431.
fi.U2 �'ossc:ss�oia. -�1t Clasing, all rights io p�s�sessiUn c�f xhe Praperty shall vesx
in Bu�r�r.
ART�CLL; 7
REM}:i3IF.S
7.01 Sellcr's Rtmecl es - If I3u3�er defaults �n tlzc p�rfor�i�ancc �f tl�c
A�r��men�, Se11c�r may seek speeiiir. �serfarmane� of th�s Agreerner�i inclnding aa��y
dama��s incurrec� by Scller. Se11er shall bc cntitled to rcasonahte attc�rneys' t'ees
r4qusred ta s�ek perfc�rma��c� u!' ilrls a�rc:etn�i�t.
7.02 R�Xer's iiemc ies - If Selier t�eFaults �n thc perfe�rmancc c�f' tlzis
t�.�reemcnt duc� l.c� its ixiability to perform at Clasin�, Buyer niay c�nccl this
Agrccxnenr a�ld zhc eas•ncst maney paid t�y Buyer, to�ethcr wit}� accrueci i��t�rtst,
sha]l he immedia�c:iy refunded to Buyer.
AR7'ICLfi 8
ar<i{I :lt AND ACCII''i ANC�
8.01 fer - I?el'zv�ry of � t;c'�py of �his �;�-eem���t excc�x�ed �y �uyer sl�aii
constitt�tc �iz ofF�r by liuyer t.o pt�r�hasc the PrUpe�rCy upoia the rcrms aT�d conditiai�s
s�t fort.h herein.
3
Fro n= R. A. PUTNRI'1&aSSOC/TANDEM CQRP. PHONE hRo. : 0926212210 242721203 Dec. 01 1954 4: 51NM Ne.s
t�.U2 L�►,ccent�nct - EKecuLic�n oi�la copy oi' tl�is A�re�ment hy ti�eller shall
cc�nstitut� atY dc:r.eptat�c:r by Se11e� of � hc nfifer c�f l�u���r.
8.f�3 Terrnin�t;ic�n nf_ Uf'fer � th�2ess l�uycr's e�ff�r is acrc:pred by 5e:ller �ud a
c�py of this A�ree�lenl cxec�t�tet� b3r Sell�r i� per�analiy d�liv�r�d ro Kuyer priar to
S.f1Q t�'clock p.m, an I�ecember 21, 2 994, thc offer by �3uyer shali tern�in�te and t�c tzf
no furthc�r effc��t whatsnc�ver. �
�.01 �t�tcc� 4 Iiuy�r r�p
tvnc.�rning the Prc�p�rLy, and Se
rt�nccrnin�; the �'ra�,�:rty ft�r tl�e
IN WITNY�'S WltLRE()1�, the parti
th� day and ye�r first r;et forth abave.
SELLER:
� vYr-.tz:
��
that it h�as nn� cieait with �ny hroke��
trnsents that it has not c3e�it wxt.h any brcj3:cr
;� c�f' tlzfs s�l� to %uyer.
h�reto have �x�cuted this h�recrne�t as aC
n
it.A. I'utnam a'c hssociaxes, inr..
4�y:
Richard A. Pu�.narn
11�: Yresiciei�t
City of Mcndat� IIci�hts, a
Minnesata inunir.ipal cor�c�ratioiY
By:
Its: . .�,,.�.�.
� D E•C — 6— 9 4 T U E 1 1= 4 4 A R T S C O P Y C E N T E R P_ 0 1
�
THOMAS J. DELANEY, REAL70R
W1293 FIRST NAT�ONAL BANK Bt11lO1NG
ST. PAlll., MINNFSOTA 55101
(61'tf 22�t•84Ab
December b, 1994
:�r. Thomas Lawe31
Gity Administrator
City of Mendota Neights
I101 iTictoria Curve
Mendota Heights, Minnesota 551I8
Re: Vacant l�nd located. at the southeast
corner of Podd Road {STH 149) and
Mendata Heights Road.
Dear Mr. Lawell:
Pursuant to your request I have inspected and am appraising
the above identified parcel af land. The subject is Outlot B
on the attache� groposed plat of M�ndota Meadows, and has an
area of 5$,745- square feefi� (1.35- acres). .
The property ie bounded by the access road for Interstate 494
on�the south� Aodd Road on the west, Mendata Heights Road on
the aorth, and �he proposed plat on the east. Th� land is
•high and has exc�llent visability from the south, nori:h and
west. Abu�ting streets are paved and it is my understanding
that public ueilii:ies are availeble. .
As requested, Che appraisal assumes zoning of Medi•um Aer�sity
Residential/Planned Unit nevelopment, a classification that
would al�.ox day care center or private nursery use. In my
opinion the proposed use would be compatible wi.th sur,rounding
property uses. The property is at the southern enti�ance to
Mendota Heights and improvements shouid be we7.1 planned and
designed to enhance the impression of the City. .
In my opinian Lhe vaiue of the property for th� proposed �se
is in the $2.25 per square foot range for a to�al :�alue o£
th,e' site o£ about $l30,OOO.QO. A full apprais��. of `the
property wilZ be forthcoming.
The appraisal wi11 be subject to certain assumptions and
contingent and limiting conditions.
Sincere�y�
� �
� .�
Thomas J Delaney
D E'C — 6— 9 4 T U E 1 1: 4 5 A R T S C O P Y C E N T E R
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�DEC— 6-94 TUE 11:46 ARTS COPY CENTER P_04
. . ' • " • • , . � • • •
0
THOMAS .J. DEUINEY. RCALTOR
W 1293 F1RST NATIONAL 6ANK DUILDING
ST, PAUl,1dINNESOTA S5I01
(612) 224•8446
� • REAL ESTAT�/APPRAISAL EXP£RIENCF
�'Realtor%Appraiser since 1953
Pres3dent of �the St. Pau1. Ar�a Board of. Realtors - 1970
..Presi'dent ,of the Minnesota Association of Real�ors - i 975
, Director, o£ the National Association of�R�altors - 1975
.. Chair•man of the Examining Board For Truth=ln-Housing
Evaluators, City oi Saint Paul - 1979tp 1992.
APPRAISAL CLI�NTS
City o� Falcon Heights, Minnesota , �
' C,i.� of Little C�n�ada, Minnesota •
, , Cit of i4aplewood, Minnesota
City of New �righion, riinnesota
City of Q�]cdale, Minn�sota
City of St. Paul, t�i.nnesota
City of S�. Paul Parlc, tSinnesota '
. City af � M�r,�ota cieights, ?�1uu�esofia •
.City o£ Sho'revicw, Minnesota
Fec�eral Housi.ng Admi.nistration .
Veterans Admin3s�tration ' � �
:k�using and Redev�lo�nt Autharity of St. Paul
?�ousing ar�d Red�velopment Authority af De�cota �unty
' .�brt Au�iority of the City o� St. Paul
Metro�olitan Airports Ca�mission �
� �M Cbrporation .
�Iar�l 0'Lak�� Carporation .
�he Up� c�hn �rporation �
, : � •Brockcaay. GYass Cozporation ;
� �hii.rlpool. O�i�poration � .
� • �J.ocation kealty �r�oxation
: 1�Ser�ciil Lynch Relocation Man,ag�ment, Ine.
Prudentia]. R�location M�nagesnent, Inc.
Relocation Resources, Inc. �
St. Paul AnYrioziia Products, �c. �
�ibuche Rr�ss & Co. � '
. First�Bank Saint Paul
.�Fiist�Trus� Saint Paul
Maziy additiona]. financial institu�ions, �ndividuals, at�orney� a� �nies.
�
�
.Appointed by_Ramsey C�ounty District Cburt aumerous times to �erve as
. Caimissioner�in Cond�nnaiion and have testificd as expert wltness in
' Ana''c�a, L�3cota; Henn�pin� Washington and R�rr►sey tbunties and to fhe
� 'stato of �t�iin'riesota Tax Cburt. '
Minnesota Real Estate 8roke� License �002277�4
Ntinnesota Certificd Feder�l General R�al Property
Agprais�r License �4000316
�
CITY OF MENDOTA HEIGHTS
1VIII��O '
D mber 1, 1994
To: Mayor, City Council and City Admuus
From: Kevin Batchelder, Admi.nistrative
Subject: Discussion of Proposed Ordinance Revisions
DISCUSSION
At recent meetings and workshops, the City Council and/or the Planning Commission
have requested that several changes be made to the Zoning Ordinance or the Critical Area
Ordinaace as a result of several recent land use issues. The City Council has also requested
that the Planning Commission and staff begin work on a Tree Preservation ordinance.
The Planning Commission considered some of these requests at their November
meeting and provided direction to 7ohn Uban, Planning Consultant, and to staff to draft
proposed revisions and to schedule the required Public Hearings for a future meeting. In
addition, at the November meeting, the Planning Commission suggested additional areas for
revisions to the Zoning Ordinance.
Specifically, the City Council has requested .the following Ordinance revisions:
�� `' 1. Detached Gazages in the R 1 District
✓ 2. Athletic Stadiums in the R-1 Zone (as well as other Zones)
t� v 3. Critical Area Ordinance
✓ 4. Tree Preservation Ordinance
The Planning Commission added the following requests at their November meeting:
.�-�'' S. The definition for Mining (Section 3.2(81)) and the provisions for Land Reclamation
(Section 4.12). �
�--" 6. The Planned Unit Development sections relating to impervious surface and the ability
to grant variances within the PUD sections of the ordinance.
...-� 7. Standards and specifications for the intensity of lighting for internally illuminated
- signs. '
The detached garage revisions have already been determined by the Planning
Commission and a public hearing will be held for this item at the December Planniug
Commission meeti.ng. In addition, there has been language submitted by Commissioner
� Friel for the proposed changes. to the Mining/Land Reclamation provisions and for the PUD
provisions. This will be forwarded to the City Planner for his consideration and proposals.
However, due to the limitations of staff time, and the Planner's involvement in the
Highway 55/110 Comdor Study, it is not possible to complete all these ordinance revisions
simultaneously. Council has requested a February deadline for some of these proposed
changes. This memo is to request that the City Council prioritize the requests for ordinance
revisions so that staff time and resources can be used in the best fashion to accomplish all the
requested changes.
When Ordinance revisions are ready for review, a public hearing is scheduled at the
Planning Commission. A public hearing for a Zoning Ordinance Amendment, or for the
adoption of a new Ordinance, requires published notice in the official City newspaper.
Again, the requested revisions are:
1. Detached Garages ia the R 1 District
2. Athletic Stadiums in the R 1 Zone (as well as other Zones)
3. Critical Area Ordinance
4. Tree Preservation Ordinance
5. The definition for Mining (Section 3.2(81)) and the pmvisions for Land Reclamation
(Section 4.12).
6. The Planned Unit Development sections relating to impervious surface and the ability
to grant variances within the PUD sections of the ordinance.
7. Standards �and specifications for the intensity of lighting for internally illuminated
signs.,
ACTION REQUIRED
Consider the above listed zoning ordinance revisions and provide direction to staff on
priorities for completion.
int
gNCE SURVEYING & ENGINEl R1,\i, c. u.
\Lnn.•t<,uA❑ A11 ii;ls Phinlc to'I 17a 7464 I..n 161=1 474 x111
5301) S. I iwv No 101
SURVEY FOR. ART WER"I'11Al iSLR
SURVEYED, November 3, I9p)4
LECAI., DESCRIPTIO`
That pan of Government Lot 5, Section 23. Township 25, Ranee 23. Dakota Count\. Minnesota
described as follows Commencing at the southeast corner of the Northwest Quarter of the Southwest
Quaner of Section 23, Township 28, Range 23, thence west bt I feet. thence nth th and pat MI6 with
the quarter quarter section line 864 feet to the center line of \lendota Road (so-called), thence northeast
along the center of said road 595 feet to the point of bcCulmng of the land herein couseyed, thencee
northeasterly along the said center line of said Mendota Road Flom said point of beginning 1"
more or less to the quarter quarter line, thence south 430 feet. thence at right angles to "'e
feet, thence at right angles to the north 335 feet to the point of beginning
DRAF fl -.I) Noyenhher ;. 19,i4
LIMITATIONS
We have sun e5 ed the above described property which the client claims to own or appears to own from
various go' eminent records We make no representation that the client does in fact own the property
nor that a search of the records has been made to determine the extent and natule of his holdings If
there is any doubt concerning the accuracy of the legal description, competent legal counsel\houled d be
e
retained to perform a title search and issue a title opinion lir our use in preparing the sunep
only those easements which the client informs us of or which we happen to become aware of through
other sources The survey shows only those improvements which are visible and which we deem
important. Because of the many overlapping legal descriptions in this area the diaeiences between
occupation and record boundaries, and questions about section lines and beginning points, we strongly
recommend that thew questions be resolved in the oil, place available such resolution, a court of
sal\
S l ANL)ARD SYMBUI.S & CONVENTIONS
TIONS
"o" Denotes lit" ID pipe with plastic plug bearing State License Number 'CIA
then denotes found iron monument
rl. if •'o" i. I;Iled In.
I hereby certify that this survey was prepared by me 01 under urn direo supervision and that ant a
C FRIIHC AfION_
Professional Engineei and a Professional Surveyor under the Laws of the State of Minnesota
Janie Parker PE. RPS No 92j5
1,3€.46.1-. osw INCA EQ1.1 LS 30 FEE
I'ROPOSLD El TVA I I(1NS
Fop of Fotindal lonh 838.81 p' A. fsi
Lowest Floor 825.11
Garage Floor 831.3
Benchmark 509 21, I Nut II s'dr ant as shown
FL R•
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Scale :I't=30'
— New CorerouRs
EXtSTIuG CCr r'c� RS
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Top. oP Poet EL 832.33
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SIGN TYPE
MONUMENT
SALESMAN
SOB 5.
DATE
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LEGEND
DENOTES AREA OF SUBDIVISION
DENOTES DRAINAGE AND UTILITY EASEMENTS
TO BE VACATED
DENOTES IRON MONUMENT FOUND
DENOTES I/2" X 14" IRON MONUMENT
SET AND MARKED BY R.L.S. NO. 12294
Page 2 of 2
JAMES R. HILL, INC.
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Page 2 of 2
JAMES R. HILL, INC.
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