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1995-11-07. -�� NOTE: DUE TO INDEPENDENT SCHOOL DISTRICT NO. 197'S� REFERENDUM, THE CITY COUNCIL MEETING WILL CONVENE AT 8:00 O'CLOCK P.II�I. m 1. Call to Order 2. Roll Call 3. Agenda Adoption CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA • � - �� •��• •• : �� • ►i 4. Approval of September 28th and October 12th Workshop Minutes. 5. Consent Calendar a. b. c. d. e. f. 9• h. � 1• k. I. m. n. o. P• q• r. Acknowledgment of the Building Activity Report for October Acknowledge Receipt of the Unapproved September E Commission Minutes. Acknowledge Receipt of the Unapproved October 11 Commission Minutes. Acknowledgment of the October 11 th Airport Relations C� Minutes. Acknowledgment of the October 24th Planning Commission Approval of Resolufion Accepting Work and Approving Final P� London/Downing Street Reconstruction and Sanitary SewE Storm Sewer and Streets to Serve the Ivy Keep North Additioi RESOLUT/ON NO. 95-57 Acknowledge Receipt of Water Tower Reconditioninc Consultants Contract Information. Authorization to Dismiss City's Condemnation Action for Lane. Accept Bids and Award Sale of Bonds - RESOLUT/ON NG (Information Available Tuesday Night). Approval of Case�No. 95-26: Conway - Landscape Plan. Approval of Driveway Light Request. Approval to Appoint Probationary Police Officer. Approval to Extend Employment of Engineering Intern. Approval to Hire Two Street Department Employees. Accept Letter of Resignation from Airport Relations Commissi Accept Letter of Resignation from City Administrator Lawell. Approval of the List of Contractors. Approval of the List of Claims. �. . ., -, -�.. h NDC4 i NDC4 nmission �inutes. ment for , Water, (Arndt) - - MSA rookfield 95-58 ner Olin. • � � l l l l' 1 �� '` a. CAO No. 95-05: Stroh - Critical Area Site Plan Review and Critical Area Height Variance - 8:15 P.M. � b. CAO No. 95-06: Sargent - Critical Area Site Plan Reviev�, Front Yard Setback Variance, Building Height Variance - 8:30 P.M. . � i - ,' �1� � �-� :�� ► , � a. Case No. 95-29: Plath - Variances b. Discuss National Rod End's Request for Tax Increment Financing, Exterior Building Materials and Proposed Lot Split. c. Review of Proposed St. Paul Water Agr iement. d. Discuss Metropolitan Livable Communities Act - Proposed Resolution Electing to Participate in the Local Housing Incentives Account Program - RESOLUT/ON NO. 95-59 e. Discuss Adopting Dakota County Ordinance No. 122 - Ordinance Adopting Community Wide Curfew. � � f. Consider Adopfing Proposed Athletic Stadium Ordinance - ORD/NANCE N0.305 � � � g. Discussion on Insurance Options - Property and Liability Insurance for 1996. „ h. Discussion of Revised Planning Service Contract - Dahlgren, Shardlow and Uban. I. Consider Participation in AMC/MCIT/Medtox Drug and Alcohol Testing Program. j. Set future Council Workshop Date to Discuss Future Capital Equipment Purchases. 10. Council Comments 11. Adjourn. Auxi/iary aids for disab/ed persons are avai/ab/e upon request at /east 120 hours in advance. /f a notice of I ess than 120 hours is received, the City of Mendota Heights wi// make every attempt to provide the aids, however, this may not be possib/e on short notice. P/ease contact City Administiation at 452=1850 with requests. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF 11RIlVNT,SOTA Minutes of the Workshop Meeting Held Thursday, September 28, 1995 Pursuant to due call and no�ice thereof, the joint workshop meeting of the City Co� Planning Commission, City of Mendota Heights, was held at 7:00 o'clock p.m. at 1101 Victoria Curve, Mendota Heights, Minnesota. an.d Hall, Mayor Mertensotto called the meeting to order at 7:10 o'clock P.M. The followin members were present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch notified the Council that she would be late. Planning Co sion members present were Koll, Betlej, Tilsen, and Lorberbaum. Planning that were excused were Dwyer, Friel and Duggan. WELCOME AND Planaer 7ohn Uban was recognized as being in attendance to INTRODUCTIONS provide a summary of research that was undertaken to help c feasibility of constructing upscale townhomes on a site locat� south west corner of Filot Knob Road and Highway 55/Higb members in the tv 110. DISCUSSION OF Ma.yor Mertensotto reported discussions with Mr. Joha Mathefrn ffiGHWAY 55 regarding a townhome proposal in the Cmwn Point neighbor ood aad CORRIDOR Mr. Mathern's interest ia the four lots north of Resurrection emeter� for townhomes. the Mayor Mertensotto aLso reported that Roseville Properties is considerin, a 20,000 sq. ft. office building in Center Pointe. The Counci� and Commission discussed this possibility and a proposal for ass' living on a nine acre site south of Cemstone's office building. The ouncil� aad Commission discussed possible standards for townhome construction. � The Council and Commission discussed the area of land betw n Augusta Lake and Lake Lemay that is owned by Catholic Ce eteries. The Mayor stated Dakota County is not interested in this land or park purposes. The Council and Commission discussed townhome use on the Site". Planner Ubaa discussed the response firom developers ; townhomes on this site and mentioned a mixed use district wi� residential and business. Site B(Acacia North) and Site C(V North) were discussed in respect to the Garron site. The Cou Commission discussed the combination of these sites into one and � °1 Highway 55 Workshop September 28, 1995 Page two gateway site that would require a high standard of exterior materials, preserve the boulevard along Acacia Drive and avoid piecemeal development. John Uban discussed the MnDOT landscape program for the highway right-of-way. RetaiUService use was discussed for the Highway 110/Highway 13 intersection area and there was consensus that this land use would dilute service uses at Lexington/Highway 110 and Mendota Heights Road and Highway 55. The Couacil and Commission discussed the office use in the Center Pointe office park. There was a consensus to maintain this land use designation in this area in order to not have office/warehouse uses and to keep truck traffic to a minimum. Councilmember Smith described the Dakota Bank's current interest and proposal in developing a bank and a SuperAmerica on the Curley site located at the south east corner of Lexington and Highway 110. She stated the bank has struck a deai with SuperAmerica in wluch the SOS would sell out and 5uperAmerica would pay the clean up costs. The preliminary site plans wluch include a 12,000 sq. ft. bank, a 3,500 sq. ft. SuperAmerica and a vacant outlot were discussed. The Council expressed a concern about the undefined outlot. The Council was of a consensus that the request for Tax Increment Financing would require a Comprehensive Plan for the whole site. There was consensus that 2 strips of gas islaads that could serve a total of 12 cars would be the maximum gas service allowed in this area. The Council and Commission discussed trdffic generated by the proposed car wash at SuperAmerica and the need to min;mi�.� signs ia this area. The Council and Commission discussed the need for landscaping in the corner at the intersection and were not in favor of a community kiosk or reader sign. CONCLUSION The Council directed Planner Uban to compile the information gathered in Phase I and Phase II and prepare a summary report of the Highway 55 Study. Planner Ubaa estimated this would cost appmximately $1,800. The report was to include land use plan that shows no changes in land use for the properiy controlled by the Catholic Cemeteries, no more commercial land uses along Highway 13lHighway 110 intersection, a continuation of the office land use designations in the Highway 55 Workshop September 28, 1995 Page three Center Pointe office park, and a change to Medium Density : for the Garron and P,cacia sites. The Council authorized stal payments for Phase I and Phase II including additional work and directed staff not to proceed with Phase III of the study. �JOURN The workshop was adjourned at 10:15 p.m. Respectfully submitted, �� Kevia elder Administrative Assistant to finish i 1 i� • :i !: r� � � i� i ii i • Minutes of the Woxkshop Meeting Held Thursday, October 12, 1995 Pursuant to due call. and notice thereof, a workshop meeting of the City Council, Mendota. Heights, was held at 7:00 o'clock p.m. at City Hall, 1101 Victoria Cur I�eights, Minnesota.. Mayor Mertensotto �alled the meeting to order at 7:15 o'clack P,M. The followin were present: Mayor Mertensotto, Cauacilmembers Huber, Koch and Smith. Coi I�sebsbach had notified fihe Couneii that she wouid be late. Staff inembezs present Administrator Tom Lawell, and Administra.tive Assistant Kevin Batchelder. Gues1 were Gunnar Isberg and Judy �Iollander, Metrapolitan Cauncil plannars. 'VPEI.,COME AND City Admini�tratur Lawell introduced Gunnar Isberg and 7u+ 1NTItODUCTIONS from the Metropalitan Council who were present to provide Cau�cil with an overview of the Livab2e Communities Act, • being implemented by the Metropolitan Council. LIVABLE COMMUNITII+S ACT Mr. isberg and Ms. Hollander pmvided a presentation on the Communities Act and the m1e of the Metropalitan Council. ] described the pmcess and the time lines for cammunity actio� a November ISth deadline for opt3ng to participate in the Liv, Communities Act and a December 15th dea��liae for establish to be negotiated with the Metropalitan Gouncil, to address lo� and life=cy�le hausing. � The presentation inciuded a discussion of the puiptase of the affordable housing, defined life cycle housing, discussed the available for garticipating communities and described the thr accounts that would be available to participatrung cammunitie Mr. isberg stated that t�he resources are available to assi.st con affordahle and Iife cycle housing, clean up of palluted sites fc businesses and jobs and for new development that would link jobs and transportaiion. Mr Isberg des�ribed the Locai Housi Incentives Account, the Tu� Base Revitalization Account and Communities Demonstration Account. The Couacil discuss� fuading accounts. Councilmember Smith inquired if the Hou Iacenti�es Account could be used to make existing housing st the City of Mendota. members iere City present �Iollander e City nch is r. Isberg including �le g go�: incame :, defined soum,es funding �unities in �e Livable these affordable by providing funds to fill the gap between market rates and low income affordability levels. ' Mr. Isberg discussed the Demonstration account and new urbaaism efforts to have less of an automobile dependent land use with higher densities. Councilmember Krebsbach arrived at 7:40 p.m. Mr. Isberg again described "how to participate" in the Livable Communities Act. Mr. Isberg and the Council discussed the Resolution to elect to participate that is required prior to November 15, 1995. Mr. Isberg aad the Council discussed the Housing Goals Statement required prior to December 15, 1995. Mr. Isberg and the Council discussed the Action Plan that will be required of participating cities by 7uae 30, 1996. Mr. Isberg stated that the Metropolitan Council will review the Action Plans, but will not be approving them. . Mr. Isberg discussed what steps a city could take, in its action plan, in order to make positive, incremental changes to meet the intent and spirit of this new 1aw. Mayor Mertensotto pointed out that the City, had not approved a request to rdise the building permit fees, thereby helping to keep development costs down for new housing. The Couacil discussed the housing goaLs agreement with Mr. Isberg and Ms. Hollander. Mr. Isberg stated that the planning area and sector maps are used to compare Mendota Heights to "similarly situated" communities for the puipose of establishing benchmarks. City Council reviewed these maps and benchmarks. La.well pointed out that the Metropolitan Councils data did not include post 1990 development in the SouthEast Area and that would raise percentages of affordable and life cycle housing closer to the benchmarks. Mr. Isberg stated that the Metropolitaa Council is not e�ecting us to reach the benchmarks, only to strive towards these benchmarks and goals by acting positively to create change. Councilmember Krebsbach stated for housing purposes it made more sense to look at our school district boundaries when looking for a community. She stated that ISD-197 contained many affordable and life-cycle housing units in northern Ea.gaa and in West St. Pau1. Mayor Mertensotto described Mendota Heights land use plan adoption in 1959 and our consistent approach to community planning, protection of wetlaads and bluff lines, and our zoning around the air noise impacted areas. a � Mr. Isberg recommended that Mendota Heights document information in the goals agreement. There was a coincern about creating a shift in the City's tax capacity if the bencl met. Mr. Isberg described the Affordable and Life-Cyc1e Hou; Opportunities Amount (ALHOA). Council inquired how amount would be in future years. relevant .� this City Administrator Lawell inquired if any cities had indicate� �they did not have enough time to properly address all the questions �d concerns raised about the implications of participation in this new act. Mayor Mertensotto inquired if the legislation is specific that particip tion must occur by November 15, 1995. Mr. Isberg indicated yes. . Isberg stated that participation is done on an annual basis, however, the goals and the action plaa are a once only effort that lasts until year 2010. The Couacil thanked Mr. Isberg and Ms. Hollander for presentation and for their time in responding to Couacil concerns. The City Council discussed their options about participation adoption. The City Council discussed the other targeted con that have priority for the Local Iiousing Incentives Account � lugh fiscai disparities coniributions. The Council discussed 1 to opt out once they have elected to participate. The Counci staff to prepare a pmposed resolution of participation for the: consideration. The Council directed staff to work with Metr Couacil staff to update the data used for the benchmarks and documentation to negotiate goals. FIRE TRUCg DISCUSSION This item was carried over until the Fire Department can mutually convenient time to consider this request. PERSONNEL MATTERS City Administrator Lawell announced that he has accepted a with the Ciry of Sequim, Washington that begins on Decemt �JOURN There being no further business, the City Council adjoumed p.m. ions and nd goal munities ue to their ieir ability directed politaa :o prepare dule a 1, 1995. 10:30 MEMO '� Date: 10-26-95 T0: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer v• Y�+ �✓ � SUBJECT: Building Activity Report fo� October 1995 CURRENT MONTH • YEAR TO DATE 95 BUILDING PERMITS: No. Valuation Fee Collected SFD 2 504,213.00 3,871.73 APT 0 0 0 TOLINHOUSE 0 0 0 CONDO 0 0 0 MISC. 33 296,817.00 4,594.11 � C/I 6 234,470.00 2,821.13 � Sub Totat---41---1,035,500.00-----11,286.97 � TRADE PERMITS• Pl�mbing 9 285.00 Water 3 15.00 SeWer 3 52.50 � Heat, AC, � & Gas 29 1,270.00 � -------------------------------------------a Sub Total 44 1,622.50 � � No. Valuation Fee Collected � � 29 5,369,995.00 44,919.63 � 0 0 0 � 4 570,787.00 5,214.01 � 0 0 0 � 299 2,256,964.00 38,T66.48 'i I 73 2,728,882.00 27,133.55 � '�� 405 10,926,628.00 116,033.67 � � 87 3,17T.00 � 39 195.00 I 38 665.00 � �, 174 10,17'9.00 'i �"��"'��'��a 338 14,216.00 � 9 YEAR TO dATE 94 � No. Valuation Fee Collected � � 45 8,479,728. 0 70,613.84 � 0 0 0 � 0 0 0 � 10 928,524.0�0 6,269.18 � 321 T,913,733.00 63,T7T.84 � 53 15,0T0,474.0�I0 73,�43.59 .��}��i�� I 429 32,392,459.OI0 214,204.45 120 69 70 234 493 i �� Licensina• � ✓ � ( � ContractoMs � ( Licroses 13 325.Ofl � 357 8,925.00 � 348 -------------------------------------------+----------------------------•-------+------------------ Total 98 1,035,500.00 13,234.47 �1100 10,926,628.00 139,174.6T �1270 32,392,459. NOTE: All fee amounts exclude Sec, 41ac, and Stete Surcherge. Artwunts shown will reflect only permit, � valuetion emounts. y 8,395.00 345.00,. 1,225.00 20,840.50 30,805.50 8,700.00 �---------------- I 253,T09.95 �lan check fee, and f �; NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION � 5845 Biaine Avenue , Inver Grove Heights, Minnesota 55076-1401 � 612/450-9891 FAX 612/450-9429 TDD 612/552-9675 U U � � : \ 1 1/ TO: City Mayors and Administrators/Clerks: - Inver Grove Heights - Lilydale - �l�iez��o±a � � - Mendota Heights - South St. Paul , - Sunfish Lake - West St. Paul FROM: � 7odie Miller, Executive Direct DATE: October 4 1995 � RE: NDC4 MEETIl�TG MINUTES & AGENDA Enclosed are copies of the TJNAPPROVED minutes from the September 6th Commission meeting. Please distribute copies of these minutes to your city cc members. Also enclosed is a copy of the Agenda for the next full Commission meeting on Wednesday, October 11, 1995. By now you should have received a telecommunicatior�s survey from the Mir Department of Public Service. We will complete the surrtey on behalf of our group. Please feel free to contact me at 450-9891 with questions or comments regarding ; cable issues. Encs. % �� UNAPPRO VED Northern Dakota County Cable Communications Comm Full Commission Meeting September 6,1995 1. Call to Order/Pledae; The September 6, 1995 NDC4 meeting was called to Tourville: at 7:00 p:m. The Fledge ofr Allegiance was reciied`. �ion by Chair Members Present: Lucille Collins, Henry Hovey, John Huber, Jodelle Ista, Ja�nes Levy, John OBrien, Paul Pieper, Mike Sokol, and George Tourville. Members Absent: Alvin Boelter, Laurence Jung, John Lagoo, Jim Sullivan, and Richard Vitelli. Other Present: Liz �tt (NDCTV Board of Directors); Brian Grogan (NDC41ega1 counsel); d Joy Curtin and Jodie Miller (sta�. 2. Adopt Agenda - Motion 9-F,-95-1 to adopt the Agenda as presented was made seconded by M. Sokol, and unanimously carried. � • � " � ' t ' � ! : Aj Approve Minutes: The August 2, 1995 NDC4 minutes were presented . approval. Motion 9-F,-95-2 to approve the Au�ust 2, 1995 full Commission rr minutes was made by H. Hovey, seconded by L. Collins, and unanimously can J. Ista, B) Approve List oT Claims: The List of Claims for 8/3/95 - 9/6/95 was pr sented for approval. hlotion 9-6-95-3 to approve the List of Claims for 8/3/95 - 9/6/95 as made by J. Levy, seconded by J. OBrien, and unanimously carsied. � 4. N DCN U date - Liz Witt, NDCTV Board of Director, complimented staff on edition of Irrsight 7, the new bi-weekly magazine show covering events in the city area. The NDCTV Operations Committee met a couple of times with Decision P to review the draft viewer survey. Input from NDC4 was solicited prior to meetings. J. Miller added that the latest version of the survey, showing for first C seven- Ltd. conections NDC4 Commission Meeting September 6, 1995 Unapproved ��— was distributed in the meeting hand-outs. L. �tt noted that some questions were included to try to learn more about subscribers' feelings about a potehtial Franchise renewal with Continental. Some other questions have been included from the survey taken in 1990 in order to learn whether subscriber satisfaction with Continental has changed. J. Miller explained that basically the first half of the survey focuses on local programming. Commission issues are covered later in the survey at an additional cost of $900. Staff recommends NDC4 pay $430 and NDCTV pay $470, keeping the amounts • proportionate to areas of concern. The length of the survey has been discussed with Decision Resources, who assured that the current number of questions are not too time consuming to answer. After the Commission has approved the draft questions, Decision Resources with conduct a sample survey before conducting the actual survey. It is hoped the survey will take place mid to late September, with results being known in time for the October Commission meeting. D'i'scussion followed on the reason for including specific questions and the length of the survey. J. Miller explained that many of the detailed questions must be asked in order to deternune the current viewership of specific types of programs and the desire for viewing different programming, and being able to solicit sponsorships. Customer service questions from 1990 were included to help cities determine what subscribers think about � Continental's service. It was the consensus of the group that cities will want to have , information available regarding subscribers feelings about Continental and what it o�ers as .� � they make determinations regarding the potential Franchise renewal and system rebuild. �J. (^ �,�- �- ' Miller pointed.out� that including.the�questions at an additional�cost in this survey would be " less expensive than conciucting a separate survey. �Decision Resources, Ltd.�has � guaranteed 400 responses to this survey. Motion 9-1,-95-4 to spend an.additional $430 to ' include the additional questions in the survey that are of interest to NDC4 was made by P. Pieper, seconded by J. Ista. It was noted that expending the additional money will exceed what was budgeted for the survey, however, savings in other azeas of the budget will compensate for the expense. The vote was taken, and the motion was unanimously carried. J. Miller noted that the NDCTV membership campaign is underway for the new year with a slogan "Discover NDCTV." She encouraged Commissioners to renew or take out a membership early on. � t 5. Citizen Comments - Chair Tourville announced that calls are welcomed by subscribers throughout the evening's meeting, and he announced the playback times for Irrsight 7. A subscriber inquired about the use of Channe143. F. Zeuli explained Continental is in the process of choosing programming for the �channel and may provide a preview during the � : Holidays. •The caller inquired howto blook channels and�was told to contact�Continental ,:; Customer Seivice•representatives who�will assist in blocking the undesired channels. Page - 2 �, 4 � �� NDC4 Commission Nleeting September 6, 1985 fi. Continental Re�ort - F. Zeuli annt�unced tkat over the ne� few manths, chan � will be looked at and°evaluated. Changes in the FM sesvice, programming, a� requirements of the Social Contract regarding equipment rate changes'will oc �� time on January 1, 1996 in order to lessen subscriber confusian. Natification take piace past-Thanksgiving and Continental will agprise NDC4 before the r occur. Specific changes in channels are not known as of this date. (A subscr with co�unents at this point -- see Agenda Item 4 above.) Ca J. Miiler reparted that she and B. Grogan met recentiy with Continentai reF Zeuli and R Ryan ta discuss a potential extension to the Franchise. At the Continental agreed to respond to the discussions with a first attempt at a p� to get the process underway. That proposal was mailed to each Cammissic B. "Grogan explained that during discussion at that meeting, it was agreed to r� action being requested by Continental as a"renewal" to the Franchise. It was that because there have been so many changes made to the original Franchise � over the years by way of amendments, variances, changes in state and federal; resalutions, memorandums of understanding, etc., it wauld likely be easier for councils to refer to a document showing all these changes when ma.king their i � regarding granting a renewal, than to use the original Franchise Ordinance and �' sundry documents �that made changes to'it. � The dacumentation is important, � Commissian needs ta decide what form of documentation they want �their city work�with. �Discussiori followed during which�a�questian was raised on the ca compiling all the changes into a current versian of the Franchise. B. Gragan r that it would likely be very time consuming; however, Cantinental has indicate follaw whatever process would be the easiest for decisian-ma.kers to understa� F. Zeuii commented that Cantinental is in midst of its budget process and he d know how long this renewal offer will be available to the NDG service area. � inquired what the last possible date would be after which the offer coutd not b reminding those present that befare cities make such a decisian, the paperworl prepared, the Contmission must review and decide what to recommenci to thei councils, the cities may wish to hold public hearing,s for which proper natice n -- atl adding up to at least 2 ta 3 manths from naw a�f a fast track. F. Zeuti re althaugh he understands the need to fallow a prescribed approval process and not want to pressure anyone into making a decision about the renewai, he had Commission could approve the affer presented by Continental tonight. Chair ' commented that in past discussions regarding the patential renewai issues, the Commission has agreed in principal to the renewal and has na reasan to stall tl He requested Continentai to compile a iist af advantagas af the system upgrad used'to �help �explain the renewal to decision-makers and concerned constituen� further�stated that a�public hearing pracesswould be b�eneficial�to all�the rnemt Continental, and the Commission. Page - 3 1 changes r at one ill likely ifications ;r called ntatives, F. ting �al in arder �r to the so agreed all the , nd the ;ouncils to �t �of a desire to es nat Grogan made, rnust be city tst be given �artcied that hat he does �oned the ; pracess. that can be .: �He ;r �cities, NDC4 Commission Meeting September 6, 1995 Unapproved F. Zeuli inquired whether a public hearing held by the Commission would be sufficient to gather needed input from the communities regarding the issue. B. Grogan responded that he believed state law requires a public hearing be held before a franchise is awarded and that NDC4 cannot hold the hearings unless delegated by member cities to do so on their behalf. Another consideration as part of the procedural process that needs to be factored into the time line are each cities' requirements to possibly hold multiple readings for ordinance approvals. It is also unlikely that city councils will make a decision immediately following a public hearing without taking time to consider the comments they have heard at the hearing. F. Zeuli stated that he needed to know a general time frame in which the Commission believes the process can occur, and if the time frame does not fit within Continental's plans, he will advise the Commission next week. Discussion continued on the reality of getting approval of a document that has not yet been agreed upon between Continentai and NDC� within the next few months. J. Huber expressed coricern that based on past experience in receiving approvals from all seven cities for Franchise Ordinance amendments, it is unrealistic to expect a turn-around of 60 days from now. It was the consensus of the group that a more realistic time frame for expecting approval of a Franchise Ordinance renewal would be the end of the year. F. Zeuli inquired about the Commission's level of interest in continuing to pursue the renewal and system upgrade. Chair Tourville responded that the Commission has always, __ �.indicated to Continental an interest in seeing improvements occur to the NDC system. " i�' - � -�'- M. Sokol inquired whether there is anything in Continental's proposal for the NDC system that is contingent upon something occurring in the St. Paul system. In the �past, some confusion has occurred when decisions made in the St. Paul system affected the NDC system, and now Continental is known as "Continental Cablevision of St. Paul, Inc." F. Zeuli responded that there is no language connecting the NDC Franchise Ordinance proposal with that of the St. Paul system. It has not yet been decided whether Continental's name will remain the same as it buys out other area systems. M. Sokol also stated that he will be looking for specific details regarding a time line within which Continental will expect to provide proposed services as outlined in their proposal, as is customary in an agreement of this sort. J. Ista inquired about whether the Alpha Channel upgrade would be a part of the negotiations. � F. Zeuli responded that such an upgrade would likely come out of the capital gant money to be used at the discretion of the Commission and/or NDCTV. J. Miller noted that it would be helpful know specifically when the capital grants would be made. J. Levy noted a grammatical enor in the proposal. Chair Tourville summarized the understanding of the group on how to proceed: B. Grogan and J. Miller will work on revisin� the Franchise Ordinance. The Executive Committee will then meet with B. Grogan and J. Miller to review the outcome, and provide input. A meeting will be held with Continental to discuss the resulting document. Page - 4 � 1 ♦ NDC4 Commission 11Aeeting September 6, 1995 The Executive Committee wili again meet to review any fizrther changes to and provide a recommendation for the Commission to act upon at:its Oetol The resuiting document will be forwarded ta cities with a recommendatian proceed. , NDC4, is an record as �supparting the idea of a Franchise renewal be gained,in the NDC service area by doing.so. . . � docurnent how to i what is to Discussion followed regarding deadline dates for achieving a schedule that wil grocess alang quickly and efficiently, B. Cnagan suggested that it may be gos a draft document that includes input from Cantinental and the Executive Co hands of Gon�missioners a few days prior to the C?ctaber meeting so that they discuss it at that meeting, althou�h there will likely be more changes to incorp � the meeting. F. Zeuli inquired whether steps can be taksn on endorsing the pr � franchise renewal concurrently with updating the current Franchise Ordinance e�edite the entire process: M. Sokoi agreed and suggested ti�at fcicus be ma agreement in principal to major points af the franchise renewal, leaving specifi � the agreement to be warked out on a longer time-line. B. �cogan agreed the � holds merit and that first J. Miller and Et. Grogan should formulate a response Continental's proposal which will be reviewed by the Executive Cornmittee be � forwarded to Cantinental so dialogue may continue. After further discussion, , agreed to hold an Executive Comimittee meeting at 4:00 p.m. on Tuesday,. Sep , to review the response. to the Coptinental proposal as formulated by. the Execu ,;,:. Director.a,nd,Legat, Counsel.. , Any, Commissioner wishirtg tt� pravide input is en to attend the meeting. � :. ... . .. . . : .. .. . ., � .. . . . . . � , . _ _ . . . . . ... . , . -, . .� . M. Sokol..inquired about who.will bear��the cost offranchise extensians.or rene� Grogan stated that this is essentiatly an early renewai under the information prc the Cable Act, and the best way to keep costs contained is to narrowly target tl and expedite decision-making. In the circumstance af a renewat, who bears th� debatable. Although Continental has offered io assist with the costs, the assist� to be defined. Neither NDC4 nor Continentai have budgeted for this event. F. offerec3 to define in writing how Continental will assist with costs regarding the t � Executive Director: J. Miller reported that to date, three o£the seven have officially approved the 1996 NDC4 budget; and one city indicated a default. At the August meeting NDC4 recammended a clarification be made to the ND� Palicies prior ta appraving them, NDCTV has since met and has apprflved a c . regarding a User's right to appeal a suspensian which eliminates, the option for request a delay. The. Palicies now need fo, be approved, by NDC�F.,. Motion 9-� Page - S move the ble to have uttee in the after r order to cin getiing terms of re being was :mber 19 , �als. B. risians of e objective COS�S iS nce has yet renewal. - cities by User to � to NDC4 Cammission Meeting September 6, 1995 Unapproved apprave the NDCTV Policies as praposed by the NDCTV Board of Directors was made by M. Sokal, seconded by L. Collins, and unanimously carried. '. J. Miller presented a dra.ft resolution which has been prepared to send as a fina.l communication to Federai House and Senate Representatives asking them to use their influence to retain language favorable #o local authorities in the two bills now in Conference Committee. Issues of majar concem are I) protecting city authority over �' local rights af way; 2) issues dealing with local zaning authority; 3) DBS taxation authority placing limits on special treatment of the DBS industry; and 4) suppart of PEG access. t��'otion_9-6-95-b to approve and send Resolutian #9-6-95 to Federal Representatives was made by H. Hovey and seconded by P. Pieper. Brief discussion followed. The vate was ta.ken and unanimousiy carried. The iatest issue of the Line Qut newsietter has been pa6lished. All of the production, except printing, is now being done in-house by stai� 8. Leg�l Counsel ReDOrt: Matters pertaining ta Lega1 Counsel Report were covered greviously under discussion of the Franchise renewal. 9. Unfini�.�d Business: J. Ista inquired about the status af obtaining the interactive A1pha - Channel. J. Miller responded that the issue has become a part of discussions concerning ,�' the Franchise Ordinance renewal. � � � � 10. N.ew Business: The next meetin;g date was discussed. It was the consenscis o£the group to hold the next NDC4 full Commission meeting an Wednesday, October 11 at 7:Op p.m. 11. p.�dioumment: �y(otian 9-6�.95-7 to adjoum the meeting was made by H. Hovey and secanded by J. Ista. The meeting adjourned at 9:00 p.m. Respectfully submi.tted, Joy A. Curtin 1riDC4 Administrative Assistant � and R.ecording Secretary ` Page - 6 NORTHERN DAKOTA CQUNTY CABLE � CQMMUNICATIC�NS CC7MMISSION � ` � 5845 Blaine Avenue Inver Grove Heights, Minnesota 55076-1Q01 � 612f450-9891 FAXb12f450-9424 TDdb12f552-9675 V �� , \ w , � U TU: City Mayors and Administrators/Cterks: - Inver Grove Heights - Lilydale - Mendata - Mendota Heights - South St, Paul - Sunfish Lake - �Yest St, Paul FRQIVI: Jodie Milter, Executive Directa DATE: ' 4ctober 27 1995 RE: NDC4 MEETING M[INUTES & AGENDA Enclosed are copies of the UNAPPROVED minutes from the October l lth Commission meeting. Please distribute copies o£these minutes ta yaur city c members. Also enclosed is a copy of the Agenda for the next full Commission meeting on Wednesday, November I, 1995. Please feel free to cantact me at 450-9891 with questions or comments regarding cable issues. Encs. � �' UNAPPFF� � �/ED Northern Dako#a County Cable Communications Commission Full Commissian Meeting October 11,1995 �� 1. Cait t4 OrderlPtedae. The Octaber 11, 1995 Nl7C4 meeting was called to order by Chair Tourville at 7;OS g.m. The Pledge ofAllegiance was recited. Members Present: Lucille Callins (7:10 p.m.}, Hen� Hovey, Jahn Huber, Jodelle Ista, Laurence Jung, James Levy,lV�ike Sokol, J"un Sullivan, and George Tourville, Members Absent: Alvin Boelter, 3ohn iagoo, John {JBrien, Faul Pieper, and Richard Vitelli. Others Present. Fran Zeu1i (Continental Cablevisian); Brian Gragan (NDC41e�a1 counsei); and Joy Gurtin and Jodie 14�tller {sltaff}, 2. Ado t�Agenda - Motr'c�n 10-L9,�-1 to adopt the Agenda as presented was made by J. Ista, seconded by H. Hovey, and unanimousty canied . � •� "� `.-�., A) Approve Minutes: The September 6, 1995 NDC4 minutes were presented for appraval. Motion 10:11-93-2 to approve the September 6, 2995 futl Commission meeting minutes was made by J. Huber, seconded by 7. Levy, and uuanimously carried,. ` B) Approve �ist of C(aims: The List of Claims for 9!7/95 -10/11/9S was presented for approvai. Mptio,� 10-11-95-3 to approve the List of Claims for 917I9S -1Q/11/95 was made by J. Ista, seconded by H. Hovey, and unanirnously carried. 4. Continental Re�ort - F. Zeuli announced that negatiadons to finalize new progamrning to be offered to NDC customers on Channei 43 and Music Choice are nearly camplete. Last Thursday Continental closed on the transaction buying aut the King �deo system. informatian promoting Value Television was handed out. J. M'.tller inquired whether the "Uut of I.eft Field" program will continue. F. Zeuli respanded that plans are underway to produce three "Best Of..," shaws from the series. � NDC4 Commission Meeting Octaber ��, �985 After evaluating the past few r�zonths of pragrams, it was determined that the not promoted enough. Hopefully, with added amghasis on promotid�, the pr begin a second season in mid-Navember that wiit focus on other sports and n F. Zeuli distributed a letter written to Chair Tourvilte and�dated 10/11/95'in r� the NDC4 corresgondence dated 9/20/95 which included a list of items to ne� discussions of Franchise renewai and the subsequent telephone conversations. in effect, declined all of NDC4's requests. He suggested, however, that Conti willing #a discuss the matter. He further su,�gested NDG4 ga forward with th rebuild now and e�end Continental's Franchise for 7 years, and when the cun Fran.chise expires, conduct discussions regarding some of the items on the IV� Chair Tounrille suggested that there is sufficient need for the Executive Com meet again to iook at the �ast conespondence and discussions rega.rdir3g ihis deternune if any arrangements can be worked out that would culminate in a s rebuild. . B. Grogan clarified that the tetter received from Continentai was a negative re the requests submitted by NDC4. He explained haw the Executive Committe what xo include as negotiating items. When asked, F. Zeuii conceded that the propasal submitted by Continental on September 1, 1995 was intended as it's M. Sokot inquired about Continentai's offer to share costs of Iegai expenses. : responded that the first proposal stands: . . . � . . _ . � . J. Huber questioned whether discussians should continue if there are no fivi conciusions to the process for NDC4 and its staffwhose time may be better revenue-generating activities. After fiuther discussion it was agreed that Cc sumnr�arize the parameters within which they will provide a system rebuitd. ' will be reviewed by the Executive Committee wha will formulate a recomm� Commission on whether ta cantinue negotiations. M. Sokoi inquired about the status of the tbree tinuing vaziances, one of which i expire in January 1996, and the other twQ in July 1995. J. I4�i1ler noted that all variances: H'igh Speed Data, Interconnection„ and Sepazate I-Net are tied in to of a rebuild. Some questions on the viewers survey shvuld help cla�°ify what sul expect regarding these variance questions. If discussion regarding the rebuild i; hotd, the variances wili need to 6e reviewed by the Negotiation Cammittee. Ini regarding the variances will be made available for the Executive Comnrittee wh� meet to review the summary submitted by Continentai. � . � ..._ In_furtlier discussion it was noted tl�at:the.St..Paul system is currently.�eing S50 Mhz without requiring a Franchise renewal or e�ctension. � Page - 2 �rogram was gram can rkets. �ponse to itiate during The letter, ental is still system itt ;4 list. ttee,to >ue to � tem ?c�nse to detemiined xst aly off'er. Zeuii t on ;nta1 will summary ion to the due to nree ;he issue scribers put oa Ermation n they �de�i .to. NDC4 Commission Meeting October 11, 1995 � Unapproved J. Ista inquired whether the cable box that has caused problems for some residents in South St. Paul has been moved yet.: F. Zeuli responded that he vvill ciieck on the matter and report his findings to J. Ista. � � Chair Tourville inquired whether cable has been fully deployed at the Arbbr Pointe development in Inver Grove Heights. F. Zeuli responded that he will ask appropriate staff at Continental to respond to J.1VLller on that matter. 5. NDCN U date - J. Miller reported that the viewer survey conducted by Decision Resources, Ltd. is complete and a presentation on the findings will be made.by Bill Morris. Discussion followed on when the presentation could be made to both the NDCTV Boaxd of Directors and NDC4 Commissioners. Staffwas directed to coordinate the meeting. NDCTV is now offering a Hmong translation of the 5:00 p.m. WCCO-TV news on Mondays, Wednesdays, and Fridays at 10:00 p.m. on Channel 33. Beginning November 6th coverage will include Tuesdays and Thursdays as well. The program is made possible through cooperative efforts by Continental Cablevision, WCCO-TV, and Cable Access St. Paul. An Augsburg College student does the translation. Other programming notes: Mike Veeck provided NDCTV will a couple 30-second spots promoting NDCTV and its membership drive; playback of a seminar conducted by Paula Statman on raising street- smart kids will occur on a one=time basis only on Tuesday, October 24 at, 8:00 p.m. on Channe133; coverage of local football games will begin soon. . .� :. . 6. Citizen Comments - Chair Tourville announced that calls are welcomed by subscribers throughout the evening meetirrg. � Executive Director: J. Miller encouraged Commissioners to renew their NDCTV memberships soon. A letter was sent to member cities inviting them to a presentation on the need for cities to develop local telecommunications ordinances on Wednesda.y, October 18 at 8:00 a.m. at the NDCTV facility. Commissioners are encouraged to attend, as well. The MACTA Fall Conference will take place on Friday and Saturday, October 20 - 21 in Hudson, Wisconsin. At the recent NATOA Conference some discussion focused on why cides need to understand and have in place long-term plans to deal with future providers of telecommunication and cable services to citizenry and its own rights-of-way. One of the first and most important steps for cities to take is to find out what is already in place, where it is, and who owns it. 8. Legal Counsel Re�: � Matters pertaining to Legal Counsel Report were alrea.dy covered previously under discussion.under Continental's report. B. Grogan clarified that the Franchise renewal process is a structured process which involves several information gathering steps initiated by the Commission. If problem areas are discovered, Continental Page - 3 s NDC4 Commission Meeting U app�'oved t?ctv6er 11, �996 � must address each. And aithaugh there is a high presumption of renewal, a re ewat is not guaranteed. � • 9. Unfinished Business: J. Ista inquired about the status ofobtaining the interactive .A1pha Channel. J. NCiier responded that if the issue is nat inctuded in Franciuse ti�ene al discussions, it is possible the gurchase of the system could occur from narrow s ting monies. The Gavernment Programming Committee wiil make this deternunati,on. B. Grogan was requested to research and be prepared ta repart on other cable companie; azound the country that are contributing toward aperating casts of public acce s facilities when franchises are negotiated or renewed. 10. New Business: No new business was brought up for discussion. 11. AS�jot�Knment: Motiori 10-1 i-9Sd to adjourn the meeting was made by H. secanded by J. Ista. The meetirtg �tdJoumed at 9:00 p.m. Respectfully su6mitted, Jay A Curtin NDC4 Adminis#rarive Assistant and Recording Secretary Page - 4 � r .. , : : � �.t.. .. , s . , �.. . . . • „ .. . -' . . .. :" . "., 9 � , �'r.'9; � ,�,�?..'y,� . _.•,"�-`k • . . e �'� -r n � � Northern Dakota County Cable Communications Commission FULL COMMISSION MEETING t � � ' � .. . . - _ . � � . . . : . � . . . ., . .. -�:: �. . . . . .. .. . . . .. . . . . . - _. .. --�- _,_. Wednesday, November 1;=1995 -:7:OO�.p.m:� . ...,, • . .- .. _ . . � .. .� . ._ .. .. .,.� . - .... . . . . . .. Studio A � - 5845 Blaine Avenue Inver Grove Heights, MN 55076 NDC4 meetings are televised LIYE on NDC Channel I8 Vewers may call 451-7834 with cih'zen comments MEETING AGENDA �. INFORMATION DISCU�SION �Q� i. CAL.L. TO O FRrn ..n�F 7:00 X 2. ADOPT AGENDA 7:05 _. . .. -:� �- r.,••:: �.: �•: .:�.t_�:.?:: �. •. : ��X . S . :R J.�_. .)'t: . �l_�..�? ... .. ' 3. ON4 . A.NDA ' 7:10 X X X A) Approve 10/11/95 Commission Mmutes � B) Approve List of Claimsl0/12/95 -11/1/95 '' � �4. NDCTV UPDATE 7:15 � X � X . . . 5. CTI77.FN .O ,NTS 7:25 � 6. CONTINENTAL. RF.PORT 7:30 X - X ` � 7. STAFF RF,PORT �• -:• 8:00 X X .' X $. �.F.0 L. ('OLiN FpORT 8:20 � X X � 9. i SHED BUSIlVESS � " 8:35 - � - :�� . � � � . � � :� • . 10. NEW BUSINESS 8:40 . . - - , � � . - . � :$� ,�: . �11. ADJOURN 8:45 � � � X :�: . � H ' . • , - , �v , � � � . , .,�.�:, _ •�w 'e::• r! • ;�7�•`s<<`' :t.:::��,'=•..,:..::€;''F"vc�.::r. :�r;=$�; :t. .. ... . . . . �. . .. _ .. . . _ . . . . . ..1 ... . . , �.w .: -' �' , • . . e , _ � _,'r: � . . . �.7 � ' ..�,�,.• � . . , , . .,ra .. . " + . "' � �,I �,tir1t,:'�'�v ,y �lF� .. �:� •Vti .'i'.;' ""i. _ '...:��,yij-�tt� :1. � . ' .. �. l '�l��{� �!�'.�'� �!<'li:.l<•�• ~�'.��1�'�v: Y��i�•}�`^.�,��• ./i�C�..�i � . - . . . r �1• ' � ;�, • . �:1 .. T"'SY.r�.•~;�' !)I��i �T�� :t-' ti•1' • '�... i 4�.. ..If.�`/' :fr�tf. . �'r, .�� , .� . . . . .i ... . , . ' � <�..,:;_L...�" .. ..-,�C--r'i:::�'i�-.�5. . . s -.. . . ., - -�, r � CITY OF MENDOTA HEIGHTS � DAKOTA COUNTY, MINNESOTA . ; �� ' ` � - AIRPORT RELATIONS COMMISSION MINUTES . � ' OCTOBER 1'1, 1995 ` " _ . ` - -' � � ' The regular meeting of the Mendota Heights Airport Relations Commissi n was held on Wednesday, October 11, 1995, in the City Hall Large Conferenc Room, 1101 Victoria Curve. The meeting was called to order at 8:10 o'clock P M. The following members were present: Beaty, Leuman and Olsen. Commissio ers Fitzer, Olin, Surrisi and Stein ,were excused. Also present were City Ad inistratc Tom Lawell and Senior Secretary Kim Blaeser. INTRODUCTIONS Chair Beaty introduced members of Boy Scout Troop No. 264 wh were in attendance to fulfill requirements for a merit badge. APPROVAL OF MINUTES = - - , ' � "� Commissioner Leuman moved approval of the September 6, 1995 Commissioner Olsen seconded the motion. �` -� -' . � � � ' AYES: 3 - NAYS: 0 � MISCELLANEOUS `"� utes. Chair Beaty inquired if Mayor Mertensotto has spoken with Dr. Olih to find out Dr. Olin's intentions on whether or not continue as a Commiss on member. � ACKNOWLEDGE RECEIPT OF VARIOUS - ' � REPORTS/CORRESPONDENCE � ; , The Commission acknowledged receipt of the MASAC General Me� Minutes and Technical Advisors Report for July, 1995. - � - � t - Chair Beaty noted that over fifity percent of aircraft operations at R Stage 2 aircraft. He also noted that Mendota Heights registered oi complaints in the month of July. � It was discussed that another ne 1 � -- - --- �— 5r are ly 100 UPDATE ON NON-SIMULTANEOUS DEPARTURE PROCEDURES � ' ' ' { • �"` . � 'k . , . . _ i _ ... . • Administrator Lawell informed the Cominission that he is still waiting for John Foggia to update him on the status of this request. ` '`":° ' �.� . : . .� _<<, . .� .. � � . . ....� s . � _ .•-..- ADJOURNMENT ' -' ` � : ' ' `- ' -� . _ _ _ _ � � . . . _ ,.:.' � �.� There being no further business, the �Airport Relations Commission moved to adjourn its meeting at 10:20 o'clock P.M. � � -�"' � . . � .. . _ - . ,_ - - � . - , RespectFully submitted, � '"' ' ��' - , . - � .. �� __ . �-• Kimberlee K. Blaeser �� ' - � ` � - ` � - - ° �f Senior Secretary � • ' ' ' ' � � � � ' - ' � .:. �. :,. � • _-- , ;a � '_ _ ..�,_` , - - . , - _ a . . . •. , � . � � " .. _, , . _ ,+ . . .ti.'� ,. , r ', •-- ` �- • - -• • ` . - _ , . ' � " � ' � . � .• ' .. - . ... ' . ' wa . + — � ' . ♦ � . • ` . . } �•' . 4�•• ' . . a s e � �_ - .t . .w t' ♦ . _ � ' �4 - ' . _ . . �.. . _. . � . a.. _ • .. . . 4 . i � ' _ ., r - , r . � 3. i�� ki'= 1 � . � F ��. ' � � . � �. _ • I • � � ' ^� _ �• f + � • _ �w � ` a _ . i - . au fl "' - ' t� r � ^ i . . . � . w . � ' . _ . � � ` ' � , j � ' " p � t�-.2� �ft �l *� ., - . _ . • . • � � ' � �\ � ' . . � . ' ' • •j ` " _ r 6 �. �' � � I L� t - •-�. CITY AF MENDOTA HEIGHTS DAKOTA COUNTY, MlNNESQTA PLANNtNG COMMISSION MINUTES QGTOBER 24, 1995 The regular meeting of the Mendota Heights Pianning Commission was Tuesday, actober 24, '1995, in the City Hail Council Chambers, 1101 i Curve. The meeting was cailed to order at 7:34 o'clock P.M. The foll� members were present: Dwyer, Betlej, �orberbaum and Tiisen, Commi Koll and Duggan were excused. Commissianer Friel was absent. Also were Public Works Directar Jim E7anielsan, Pianning Consultan# John U Administrative Assistant Kevin Batchelder and Senior Secretary Kim BI� APPROVAL OP MINUTES m ng nt Commissioner Tilsen moved approval of the September 26, 1995 rrtinut�s. Commissioner Betlej seconded the mation. � AYES: 4 NAYS: 0 ACKNQWLEDGE LETTER TO MR. JOHN MATHERN C1F MENDOTA HOMES The Commission acknowledged receipt of an October 10, 1995 IE City staff to Mr. John Mathern of Mendota Homes, The Commis; that City staff sent the letter informing Mr. Mathern that his appli Comprehensive Plan Amendment, a Rezoning and a Subdivision f+ property known as Tuminelly's Carmen Court was considered inc and that it witl not be placed on the Ptanning Commission`s agen� such time as a complete application has been submitted prior to t #or that month`s mee�ing. CONTINUED NEARING CASE NO. 95-36: SALMEN - SUBDIV#StON AND VARiANCE Chair Dwyer explained that Mr. and Mrs. Robert Satmen, o# 1694 [ Road, applied for a lot division and variance on October 31, 1994. expiained that at the November 1994 meeting, the Commission coi 1 from noted �n for a untit deadline He a .� public hearing and continued the hearing to allow the Salmen's time to address several concerns. Dwyer explained that Mr. Salmen has been unabie to address these concerns due to health reasons and that the Planning Commission has continued the public hearing in February, May and August. Commissioner Lorberbaum moved to close the public hearing on Case No. 94-36 - Salmen Subdivision and Variance to Lot Frontage and tabling any action on the request until such time as renewed public hearings can be announced by published and mailed notice. Commissioner Betlej seconded the motion. The Commission directed staff to notify Mr. and Mrs. Salmen that the public hearing has been closed and that this puts the application on an indefinite hold until such time as Mr. Salmen can respond. HEARINGS: CAO NO. 95-05: STROH - CRITICAL AREA SITE PLAN REVIEW AND CRITICAL AREA HEIGHT VARIANCE Mr. Bernie Stroh. owner of 1128 Sibley Memorial Highway, was present to discuss his request for a Critical Area Site Plan Review and Critical Area Height Variance which would allow the construction of a single family house. Mr. Stroh explained that he has owned this property for eight years. Stroh stated that the property is heavily wooded and steep and that it has been difficult to design a home for this site. Stroh stated that he is attempting to minimize site impacts by stacking the traditional elements of a home to step up the sloping terrain. He informed the Commission that he had considered constructing a house with a larger footprint and also constructing a house with a detached garage. He stated that he wants to keep the site as natural as possible and that he will be able to do so by constructing a ho�se which will be two stories of living area above a basement which then has a garage tucked underneath it. He stated that this creates a building profile that is interpreted as at least three stories with a front walkout condition. Mr. Stroh explained that by constructing the house on piers, less vegetation will be disturbed. Planner Uban informed Mr. Stroh that a Conditional Use Permit would be required should he decide to construct a detached garage. Commissioner Tilsen noted that Mr. Stroh intends to construct a flat roof 2 w which will lower the impact of sight lines. Mr. Stroh stated that a roof design is not right for this area. In response to a que§tion fro Commissioner Tilsen regarding erosion control, Mr. Stroh stated tl� backfilling of the walls will occur right away. He explained that ba along with the installation of tile at the base of the wall will divert from the structure which will be positioned at an angle. Commissi� Tilsen suggested that extra protection such as hay bail dikes be ca Mr. Stroh stated he intends to contact a landscape architect to hel further ideas of erosion control. � pitched at ;kfilling �ater ner �sidered. with Commissioner Tilsen noted that Mr. Stroh is proposing to use an e isting bituminous driveway that serves his neighbor's property across M. Stroh's front yard. Mr. Stroh explained that this lot was created through subdivision which was approved in 1988. He stated that proper e sements are in place for the use this existing driveway. He stated that bec use there is an existing driveway, there will be no need for a curb cut approyal by the State or for a driveway permit issued by the City. � Commissioner Tilsen inquired if there are any utility, sewer, water �and drainage concerns. Public Works Director Danielson stated no. � Commissioner Lorberbaum inquired about landscaping. Mr. Stroh would like to leave the site natural. He stated that he would be ir more trees. ling In response to a question from Chair Dwyer, Mr. Stroh stated that �he proposed house will be 2,800 square feet. Chair Dwyer pointed o t that the proposed house will be tucked into the hill and that it will not bstruc the view from the top of the bluff line. In response to a question from Commissioner Betlej, Mr. Stroh exp ained that the water will be diverted and flow under the driveway. Com � issia Betlej stated that a snow fence should be installed to help protect he existing vegetation. Mr. Stroh agreed. Chair Dwyer opened the meeting to .the public. Peggy O'Reilly, of 1132 Sibley Memorial Highway, informed the C� she owns the lot adjacent to Mr. Stroh and that she too has a cop easement. She noted her concern for the size of the proposed hoi compared to the lot size. Ms. O'Reilly stated her concern for the c the home and whether it will blend in with the existing, older style homes in the neighborhood. She noted her concerns for sharing tl 3 he nmission of the ;ign of mbler ✓ f ,; driveway in that it is rather steep in areas. She suggested that the driveway be continued in a horseshoe design. She further inquired about the time line for construction. She noted that some erosion occurred last year when Mr. Stroh removed some trees. Mr. Stroh stated he anticipates construction to . begin this winter. �' Mr. Dave Plum, of 1751 Lexington Avenue, stated that he has a very steep backyard which looks down to Mr. Stroh's property. He noted his concern for. the design of the house but stated he does not believe his signt lines will be affected. He stated that there is property owned by the City of Lilydale which abuts Mr. Stroh's property. He inquired if the City of Lilydale has been contacted about the proposed development. Planner Uban stated that the property is considered a preserve. Mr. Plum inquired if a trail will be installed. Planner Uban stated no. Mr. Plum noted that there was a possibility that smoke condensation from Mr. Stroh's house during winter months may block his view of the bluff line. Mr. Ralph Gram, resident of Mendota Heights for many years, noted his concern for his view of the bluff and that he would like to see Mr. Stroh's house blend with the existing neighborhood. He briefed the Commission on past soil conditions in the area. He suggested Mr. Stroh consid�er additional soil testing. George Milliman, 1140 Sibley Memorial Highway, asked to review Mr. Stroh's plans. Mr. Milliman had no comment. Commissioner Lorberbaum moved to close the public hearing. Chair Dwyer seconded the motion following his review of the plans. AYES: 4 NAYS: 0 In response to a question from Commissioner Betlej, Public Works Director Danielson stated that the Code Enforcement Department enforces construction time lines. Commissioner Tilsen inquired about soil boring tests. Mr. Stroh stated he intends on getting more borings and that he is very sensitive to erosion concerns. Mr. Stroh explained that there is extremely hard soil six feet down and that piers can be installed. Commissioner Betlej moved to recommend that City Council approve the Critical Area Site Plan and a height variance to allow a three story houses, as proposed subject to the following conditions: C� � ,; 1. That additional soii borings, grading and erosian control piai submitted for Code Enforcement review. ' 2. That drainage plans showing the drainage under the drivew� submitted for Code Enforcement review. 3. That a plant restaration plan be submitted for Code Enforcei review. 4. That a snow fence to protect existing trees be included on 1 Commissioner Tilsen seconded the motion. Administrative Assistant Batchelder affered City staff assistance Strah to assist in fulfilling the Commission's conditions prior to ( review. CASE NCt. 95-06: SARGENT - CRITICAI. AREA SITE PI.AN REVIEW �RONT YARD SETBACK VARIANCE BUI�DINC HEIGHT VARIANCE Mr. and Mrs. James Sargent, of 104C1 Sibley Memorial Highway, v� present to discuss their request for Critical Area Site Plan Review, Yard Setback Variance and Building Height Variance which wauid � replacement of an existing detached garage with an attached gara� living space addition. s be be plans. .Mc. � Council �w the and tn response ta a question fram Commissioner Tilsen regarding loca "on af the existing garage, Ms, Sargent explained that the garage is locat d on the secand lot. She stated that they own both lots. She stated that a this point in time, they do not intend to develop the second parcel. Commissioner Tilsen inquired about tot frontage and where the bat determined. Planner Uban stated thafi he was not aware that the ; owned the [o# south of their lot. He stated that #hey da have two yards and that they will need to meet the firont yard setback on thi is the narrowest, which is on Highway 13. He stated that to minin grading, the Sargent's are taking appropriate measures by creating stcucture which will be tucked into the slope. Commissioner Lorberbaum .inquired about landscaping and the existi garage. Ms. 5argent explained that the, garage wil! be demolished a City approves their request. She explained that by demolishing the their backyard will be much larger. She stated that the demolition u tikety occur next summer. � is t's lot that ze the i higher the most 4 , Commissioner Lorberbaum noted her concern for the possibility of damaging tree roots during the demolition and construction process.' Mr. Sargent explained that some trees will be removed and transplanted. He stated that they do not intend on saving the forty foot Maple. ., Commissioner Betlej inquired about design alternatives. Ms. Sargent explained that other options had been reviewed. She explained that their utilities are located in the southwest corner of their house (in the cellar) and that this restricts them from constructing an addition to the north side of �the house. .. Commissioner Betlej inquired about the roof pitch and if the Sargent's considered other alternatives. Mr. Sargent stated that other designs have been reviewed and that the alternatives would be too expensive. He explained that the existing pitch will be lifted to match the new addition. The Commission discussed the location of the driveway and how it could be flattened. Chair Dwyer opened the meeting to the public. . There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen inquired about retaining walls. Mr. Sargent stated there might be a small wall next to the garage. Commissioner Betlej moved to recommend that the City Council approve the Sargent Critical Area Modified Site Plan, a front yard setback variance of 6.62 feet and a 4%Z foot height variance to allow the proposed garage/living space addition subject to following condition: 1. That the driveway be moved to the south so that its slope not exceed three percent (3%). � Chair Dwyer seconded the motion. AYES: 4 NAYS: 0 � F� r '� i CASE NO. 95-29: PLATH - REAR YARD SETBACK VARIANCE SETBACK TO POOL VARIANCE Mr. Roger Plath, of 721 Pontiac Place, was present to discuss his for a rear yard setback variance and a setback to a pool variance � would allow the construction of a 14 foot by 25 foot three season the rear of his home. request vhich porch on Mr. Plath submitted revised drawings for Commission review. He �hanked Commissioners Betlej and Lorberbaum for visiting the site. Mr. Plath explained that he has reduced the size of the porch add feet by 26 feet which would then give a twenty nine foot rear ya� He explained that the addition will sit at a 45 degree angle betwe and patio. Mr. Plath explained that he has decreased the size of � structure which would then create an eight foot separation betwe pool and the corner of the proposed structure. He explained that move the addition over towards the garage as there is a back doc serves as the only entrance to the back of his house. Chair Dwyer stated that all signatures of consent have been �n to 13 setback. the pool i the e can not which Chair Dwyer moved to recommend that the City Council grant a o e foot rear yard setback variance and a two foot pool setback variance t allow construction of a 13 foot by 26 foot three season porch addition a shown on revised plans. Commissioner Lorberbaum seconded the motion and noted that thi practical difficulty with the size of the lot and the home's original f setback of thirty-four feet (34'). AYES: 4 NAYS: 0 DISCUSS PROPOSED ATHLETIC STADIUM ORDINANCE The Commission acknowledged receipt of the Proposed Athletic St Ordinance. Commissioner Lorberbaum inquired, as per Section 21. license forms have been drafted. Administrative Assistant Batchelc no and that forms could be drafted for Council to review at the tim consider adopting the proposed ordinance. 7 re was a ont yard (2)e, if er stated they c-• �� The Commission discussed minor grammatical and punctuation changes. . Commissioner Lorberbaum moved to recommend that the City Council adopt the Athletic Stadium Ordinance. , Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 DISCUSS CITY COUNCIL ACTION ON PROPOSED ORDINANCE AMENDMENTS The Commission acknowledged receipt of a memo from Administrative Assistant Batchelder regarding City Council action on proposed ordinance amendments. DISCUSS DODD ROAD TRAIL IMPROVEMENTS Parks Project Manager Guy Kullander was present to discuss with the Planning Commission, at the request of the City Council, a resident's request for a safer pedestrian crossing of Trunk Highway 110 at Dpdd Road. Kullander explained that Council is has directed staff to inform the Parks and Recreation Commission and Planning Commission of this pending project and to include comments from the Commissioners in the final project outline which will be presented to Council on November 7. Kullander explained that the Dodd Road and Highway 110 intersection is the only crossing that provides north/south access for the majority of Mendota Heights residents. Kullander explained that staff reviewed the existing Dodd Road traffic patterns, traffic control measures including signals, paint markings, striping, signage and existing efforts to enable pedestrian and cyclists to more safely travel Dodd Road from Wagon Wheel Trail north to Marie Avenue. He explained that this study area was chosen because six to eight foot wide shoulders already exist on both sides of Dodd Road north of Marie Avenue and south of Wagon Wheel Trail. Kullander explained that pedestrians and cyclists can reasonably �navigate a paved six to eight foot wide shoulder unless the shoulder disappears into a turn lane and no additional paved area or off street walk is provided. He stated that the disappearing shoulder occurs on Dodd Road at Decorah, north of Mendakota Drive and continues north of Highway 110 beyond the Oasis Market where the paved shoulders reappear. He stated the same condition occurs north and south of Marie Avenue. � Kullander explained a full redesign and reconstruction of this stre Road would provide improved conditions for pedestrians. Kullan� explained that the Council will be asked to pass a resolution req� funding for this project from MnDOT out of their Cooperative Coi Agreements Program. Kullander stated that the City's portion 'of could come from the TIF District and Special Park Fund. The Commission discussed the possibility of having a trail on both Dodd Road. Kullander explained that a trail already exists on the I side and he explained how pedestrians arrive at a specific destinal as Mendota Plaza). Commissioner Betlej stated that it is a good id trail be kept on one side of the road and that the density of housel seems to dictate the trail placement to be on the east side of Dodc The Commission discussed sight lines at South Plaza Drive and and that a traffic light should be installed at this intersection. F explained MnDOT warrants. Commissioner Tilsen suggested that the City should propose an "u plan for a trail system which could include connecting the existing with proposed trails in the Dakota CQ�unty system. Commissioner Lorberbaum stated sh s would like to see a traffic I installed at the intersection of Dodd Road and South Plaza Drive. DISCUSS RESCHEDULING � OR CANCELING THE DECEMBER PLANNIN G COMMISSION MEETING ' I The Commission was of the consens us to discuss this matter at November meeting. _ � � ADJOURNMENT � There being no further business, the �Planning Commission moved its meeting at 9:50 o'clock P.M. � Respectfully submitted, Kimberlee K. Blaeser ,: Senior Secretary � i of Dodd ting ruction e costs �ides of �corah m (such a that a �Ids Road. d Road �der adjourn M11 � ul �II ; :I _ : 1, 1995 TO: FRQM: SUBJECT: Ma.yor, City Council and City A James B. Daunielsan, Public Works D' Stre�t Reconstluction - Londan/Dawning Utilities - Ivy Keep North Addition (Arndt) Job No. 9217 Improvement No. 92, Project No. 1 DISGUSSION: The contract has been completed for the London/Downing Street Reconstru `on and Utility Constnictivn for the Arncit Addition. The total contract cost for this pmject was 191,"702.40 which campares to the bid amount of $199,925.55. RECOMMENDATI N: I recommend Council accept the project and approve the final payment to Blacktap, Inc. of Inver Grove I3eights, MN 55016. � • f �� t� If Councii concurs with the recammendation they should pass a motion adop Resolution No. 95-�, RESOLUTION ACCEPTING WORK AND .APPROVII� PAYlVI�NT FOR LQND4N/Df)�V�I�tING S'IREET RECUNSTRUCTION AND SAIVITARY SEWER, WATER, STORM SEWER AND 5TREETS TO 5ERVE BEEP NQRTB ADD►I'ITON (AItNDT� (IMPRCIVEMENT NO. 92, PROJECT 2 ' � � .:, m THE IVY T0.1}. City of Mendota Heights Dakata County, Minnesota RESOLUTION NO. 95- RESOLUTION ACCFPTING WORS AND APPROVIl�IG FINAL PAYMENT FOR IAND4N/DOWNiNG STREET RECQNSTRUGTION AND SANITARY SEWF,.R, WATER, STORM SEWER AND STREETS TO SERVE THE IVY KEEP NORTH .ADDITION (ARNDT) (IlVIPROVEM +L'NT NO. 9�2, PROJECT NU. 1). WBTREAS, pursuant to a written contract signed with the City of Mendota Heights May 9, 1994, Ace Blacktop, Inc. af Inver Grove Heights, Minnesota, has satisfactorily cam- pleted the street reconstruction and utility const�uction in accordance with such contra.ct. NOW TBT.REFORE IT IS HT.�REBY ItFSOLVED by the City Council of the City of Mendota. Iieights that the wark compl�;ted under said contract is hereby ac��epted and approved; and BE IT FURTBER 1tESOLVED that the Mayor and Gity Clerk are hereby directed to issue a pmper order for #he �ina1 payment on such contract in the amount of $3,522.50 t�tking the contractar's receipt in full. . Adopted by the City Council of the City of Mendota Heights this '7th day of November , 1995. i 1 •' 1`� �• � 1:� B� Charles B, Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk �� CITY QF MENDOTA HE[GHTS �� , November 2, 1995 TO: Mayor, City Council and City Administ o FROM: Guy Kullander, Parks Project Manager ✓`Y � SUBJECT: Water Tower Reconditioning - MSA Consultants Cantract The finat payment request from MSA Cansulting Engine�rs is inclu ed in the list of ciaims. They prepared the plans, specifications, and provided insp ctian services during the tank reconditioning. The ariginal contract approved by Council was for 530.850 for services, constructian administration, surveying and inspection. The totals �28,118.82 which is $2,73'i.'18 below the contract amount. ' • l : • : � None. This is #or information only. GDK:kkb I billing TO: FROM: CITY OF MENDOTA HEIGHTS Mayor, City Council and City James E. Danielson, Public W� �� SUB�JECT: Dismissal of Brool�'ield Lane Condemnation DISCUSSION: October In December 1994, Mr. Bill Lentch, acting on behalf of Mr. Irving Clark, � landowner of Outlot B, Mendota Woods requested the City to condemn driveway a lot. Outlot B was originally created to be developed by Centex Homes with manoi when Centex abaadoned these plans, the lot remained as a landlocked parcel. Mr. been working privately with Kensington Homeowners Association to obtain access Brool�'ield Lane, a private street, to provide access to Outlot B for development as family lot and had been unsuccessful. The City agreed that Brookfield was the app access point for the lot and therefore began the proceed.ings to condemn that access attached Resolution No. 94-8'�. Recently the officers of the Kensington Manor Homeowners Association ha and these new officers have been able to convince their association to work with M provide the needed access. Their agreement is subject to nine terms as listed in an 19941etter from Mr. Clark which is attached. It is no longer necessary for the City to continue forward with condem� Broold''ield Laae and the City Attorney has prepared the appmpriate Dismissal submission to the Court (attached). RECONIlVIENDATION: 1995 ,cess to the homes and :entch had �cross � single +opriate �� e changed . Clark to �ugust 23, of nent for Because the Kensington Manor Iiomes Association has now come to terms ith respect to driveway and utility access for Outlot B, Mendota Woods, it is no longer neces for the City to condemn that access. I recommend that the City dmp that condemnation ac 'on. The City has incurred some legal aad appraisal costs associated with the condemnation action aad those costs should be recovered from the landowner. ACTION RF.QUIRFD: Review the attached information, and then if Council concurs with the recommendation, pass a motion authorizing dismissal of the City's Condemnation . Brookfield Lane. Staff will bill Mr. Clark for the City e�enses incurned ($3,245. ion for to date). City of Mendota Heights Dakota County, l�naesota RESOLUTION NO. � 94-87 RESOLUTION DIRECTING 7'� ACQUISITION BY CONDEIVIl�TATION . OF CERTAIN STREET EASIIVIIIVTS IN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA � � WHEREAS, the City Council of the City of Mendota Heights is the official governing body of the City of Mendota Heights; and + , on motion of Couacilmember Krebsbach , seconded by Council- member xuber , the following resolution was adopted by the affirmative vote of four members of the Council; and WHEREAS, the City Council�of the City of Mendota Heights finds that it is necessary as well as desirable to acquire the following described easements for the stated public purposes: r t � A permanent easement for street purposes over and across the following described pro- , ��. . That portion of Lot 1, Block 3, Kensington. P.U.D, included within the drainage and utility easement, also know as Brool�'ield Lane located in Section 36, Townslup 28 North, Range 23 West, Dakota County, Minnesota. Together with a perpetual easement 2Q feet in width for utility and dr�inage purposes over under and across Outlot C, Kensington P.U.D., Dakota County, Minnesota, the Centerline of said perpetual easement being described as commencing at the southwest corner of said Outlot C; thence northerly along the west line there of 35 feet to the point of beginning of the centerline to be described; thence northeasterly deflecting to the right 44 degrees 00 minutes 45 feet more or less to the easterly line of said Outlot C - and said centerline there terminating, located in Section 36, Township 28 North, Range 23 West, Dakota County, Minnesota. •, � NOW THEREFORE, �BE IT RFSOLVED by the City Council of the City of Men- dota Iieights in regular meeting assembled that those easements described above be acquired for the stated public �purposes through exercise of the City of Mendota Heights' powers of eminent domain. `� TTT� f ,; Adopted by the City Council of the City of Mendota FIeights tbis 6th day of 1994. • CITY COUNCII. ' CTTY OF MENDOTA HII� Bv �-� � �.. A1TF.ST: � �. � thleen M. Swanson, City Clerk � . . 0 Charles E. Mertensotto, 0 i � ,� SNERMANWINTHROP RQEERi'R. WEtNSitN� 'CHARD A HOEL �GER D. GORDON 5IEYEti G.7UUREK SI'EPNEN J. SNITIER TiARVift C. SNGBER HAi4'KULLER DAV[D P. PEARSON 77fOMA5 M. HAHI'SY DARRON C. KNUTSON JOH'N A. KNAPP ERIC p. MADSOH MICFIELE D. VAILLANCOUR7 DAY1D & MORAN.JR. DONAID I. HBONRt JONJ.HOGANSON SANDRA J. MARCtN GARY W. SCHpKMILLER tOL1Q 8. URkESS TtMOIHY M. BARNEt7' SCOTTJ. DONGOSKE PEfER 3. G[.L'EKEL E17WARDJ. Dt2Et117EL JGFFREY R ANSEL I.ASTR2E A 1CP70CKE LWYD W. GROOMS JULIE K NRLUAMSON MARKx30HNSOH BROOKS P. PGILEY SHOMAS A. 84YD JUISE WIDLEYSCftNELL DirectDial (6X 2) 290-8489 WINTHRQP Sr WEINSTINE A PROFESSIONA4 ASSOCIATION Mr. James Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, 1VIN 55118 Attorneys and Caunre(orr at Law 3204 Minnesoia World iYade Center 30 BastSeventh Street Saint Paul, Minnesata 5 S 101 Telephone (612) 240-8400 Fax(612)292-9347 3000 Dain Bosworth Plaza 60 Souih Siacth Street Minneapalis, Minnesota 55402 't�lephone (612) 347-07QU Faat (622) 347-0600 4ctober 19, 1995 UANtEt t. SECK ERIC J. NY$TROM KRISTtN YETERS6N LeE JOANNE L. MA7ZEN PA7RiCK W. WEBER CHARLES A. DURANt t TIMOTHYJ. BE"[TENGA CRAIG A BRANDT MICHAELA. DUFFY JAMES W. DIERKING TFIERESE M. MARSO MEIISSA A. ARNDT TREYOR V. Kep1Y 7b St. Paul Re: The City of Mendata Heights v. Kensington Manor klomes Condominium Court File No. CX-95-8541 Dear Jim: Enclased please find the Stipulation and Order for Disrnissal With Prejudice rel abave-referenced matter. As we discussed, I have executed the same an behalf Qnce. you , have had a chance to review the Stipulation with the City Counci understanding that you wiil farward the same to 7ohn Slater of the Kensington M� Gondaminium Associataon for his signature. Mr. Slater should be instructed ta retu to me at his earliest opportunity. Upon receipt, I will forward the Stzpulation ta County 7udicial Center for execution af the t�rder and filing. Thank you. If you have any questions, please feel free to call me. Very truly yours, WINTHROP & WEINSTINE, P.A. By - t . �a�- � Matthew T. Baos MTB: rlt\sTP: is2is�-i Enciosure cc: Eric J. Nystrom, Esq. BLAIRA.R4SENTHA6 M(CHAEL P. NORRi CHRISfOPHER W. MApF.L ICAREN L YASHAR MATIHEW T. BOOS NANCY L. MOERSCH BETHGERSTEItQTIMM AUDREY L. SANlSLQ JOSEPH 5. FRIEDBERG oJurmsct DANIEL W. HARDY ofcounxt ve to the the City. it %s my x I�ames the same �e Dakota c � STATE OF MINNESOTA COUNTY OF DAKOTA The City of Mendota Heights, v. Kensington Manor Homes Condominium Association, Petitioner, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT , Case Type: Condemnation Court File No.: CX-95-8541 STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE The parties hereto hereby stipulate and agree that City of Mendota Heights' Petition and Presentation of Petition Under Minn. Stat. § 117.055 is hereby dismissed with prejudice and on the merits, and without further cost to either party. Dated: �k 1 , 1995 WINTHROP & WEINSTINE, P.A. By: / • �� Enc J. Nystrom, #19489X Matthew T. Boos, #237310 3200 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 (612) 290-8400 Attorneys for Petitioner City of Mendota Heights c y Dated: , 1995 KENSINGTON MANOR HOMES G ASSOCIATION • By: Its: ' ORDER Based upon the above Stipulation. IT IS HEREBY ORDERED: A. That Plaintiff City of Mendota Heights' Petition and Presentation of Pe 'tion Under Minn. Stat. § 117.055 against Defendant Kensington Manor Homes Co dominium Association is hereby dismissed with prejudice and on the merits; B. Pursuant to Rule 54.02 of the Minnesota Rules of Civil Procedure, ther is no just reason for delay in entry of final judgment pursuant to this Order and e clerk is directed to enter a final judgment pursuant to this Order. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Judge of District Court Dated this _ day of , 1995. STP:181904-1 8 'S 2t±U0 hlinnrsuta 4Vurld Tradr Center :ill i�.�,l ti�•�•�•nlh titro�•t � Saint 1�'aul, �1innesota 5i101-�#999 August 23, 1994 To: Re: Members of Kensington Manor Meeting on August 11, 1994 (612) 291-9402 ... . ., ; .`!':' There is a parcel of property that borders Lot C of your Kensington Manor, lrnown as Outlot B that is owned by Irving and Eleanor Clark. William Lentsch has the agency for sale of Outlot B. It is our intention to develop this parcel of land in one of two ways. Our first choice is to rc-zone this parcel from HR PUD which allows for eight units per acre to RI single family which would allows us to build one home on the site. In order to do this, I would require access from your private road known as Brookfield Lane. I have enclosed a sketch of the easement needed from Kensington Manor to legally accomplish this. If the Assaciation of Kensington Manor would grant access I would agree to the following terms: 1. 2 3. 4. 5. .i �/ � � 6. Pay to Kensington Manor the sum of $8,000.00 for street access and storm and sewer. Pay to Kensington Manor the sum of $1,800 for the water main. These payments to be made on completion of the projects, and of the sale of Outlot B. Pay for all costs nertaining to said easement, -such as: a. Drafting the Easement. b. Filing Fees. c. Legal Fees. Agree to abide by any Covenants or Restrictions that pertain to the use of roads, in particular, Brookfield Lane, as stipulated in the Association By-Laws. Pay a pro-rated share of the costs of maintaining Brookfield Lane, such as snow plowing, sweeping and seal coating said street. Use the same rubbish removal service, so as to minimize traffic on Brookfield � Lane. r August 22, 1994 Page 2 7. Supply the Assaciation with a bond of reasanable amount ta co repair any damage to Braokfield Lane due to canstruction of the Ouflat B. r the cost to ome built an I believe this progasal will once and far all relieve any questions about the futare o this parcel. My main objeckive is to preserve the natural beauty af this lot with all its ameniti s. Please, if there are any questions, feel free to call me at 291-9402. Sincercly, � Irving Clark ic:i�sais Enclosure c: William Lentsch �✓1��1 1 �1 �� 1 ( O� FOR: '' �8�11 Len�sch, . :t � �; C1 .� :� <� .�> f ,� � � � �v . �� w aJ �� ,�� ''% �'�� '� \ ,�, �� °� � � �. � r✓, J , \ ,�, � p V � �S� C � � D .mino�e llti/i�y �s % ; ., � S �,d3 . 3" �� '°� �o�j°' l J .�. �? t` / / .�� C"� �' O `, n � • O � "�� '�i�: � V J .': % �� .�� }� o �' \ � . � �25- J'ov�fiw�s� (br/�r-� a�'Out/ot C � ` (J \ �� ,%u1h /ine Ovf/of C • �� C� �� C� � c' ., �, .� �r -. �J o�' ��. c� 0 PROPOSED DRIVEWAY EASEMENT A perpetual easement 20 feet in width for driveway purposes over, under and across Outlot C, Kensington P.U.D., Dakota County, Minnesota, the centerline of said perpetual easement being described as commencing at the southwest corner of said outlot C; thence easterly along the south line thereof 25 feet to. the point of beginning of the centerline� to be described; thence northeasterly detlect- ing to the left 50 degrees 00 minutes a distance of 75 feet and said centerline there terminating. Scale 1"= 50 � I hereby certify that this survey, plan, or report was prepared by me of under my direct supervision and Drawn by JA• �- that I am a duly Registered �and Surveyor under the � law�� tate o Minnesota. Checked by Job No._��'�8�� Dated this _�'_'"day of ��y1994 Req. No. _9Q^� ... �. �. Rua x �a, « LAND SURYEYORS 9180 LEXII�IC�T01� A1/E. 1�0. CIRGLE PINES, MIN1�lESOTA 55014-3624 TEL. �f86-5556 . � •iS.,t 'o.y�o, ,�.,, .,,,,a;��.7.rt:.*.1�,�,y, frt.'Mw . _ . .:�a��,:s...;, ` . �:"y�;. y � . � t:. .}: :� � , � {,=- . . . Rrti:�� t-. ` . r . . �, , i �:i��"`='.�Y"wl� �'='�vE , , . , : ��<� ` . . : =�� : ': . 4 • +��i� . I I . . , '!h� 4z. 't?^L��` ♦ • � . .. . _ ' . , _ , � ' . , . ' .' . , r -� ! - . f , " . ' • �•) . .. . . . ' f . .l ., . i:easing#on Manar Hame� Candaminium As�ociation . . . ' �P. tl. Boic 18264 • � • , � West St: Pau2�.fi�innesota SS£f8-0�64 . . . � Mr. I�rving• Clark . �8U0 l�innesata �iorld Teade Center 30 East Seventh Street St.-Paul, Mienesota 55201-4994 Daar Mr. Clarka , SepEemher �5, 1995 I s�al:e reference to yt�ur letter of August 23, i994 to the Me�nbe�s af Kensington Manor. ' � . . fls the present President of Kens�ington Manor Ho�es Assaciatia . i wish ta dt�Y25� you of the foilowing decision the Board af Direc�tor ha� ��ade afi crur special meeting he2d Wed"nesday September.2t3� 1995. � � �ie �all agr�ee that � we wilt accept youf terms autlined in yoesr. bo.ve �' . ref�rer►ced .tetter. The seven terms�� `yau outlined will �.��et'our eeds �� ' • regardi�g. B�ook#ield Laae. � 6!e . hope. yourr agreeinent of` these�+ter�s':wiil"�°-� �� :-.: .... ,�,:. �- �• allaw.•, Mendata Heights ta withdraw:�-�their, Candemnatian � proceeding ,`•;u# -:4. '.'�'• ��" .'" �• Braotcfield L'ane • � � � • , ° ' • . . L:� �,��`�,';�-, . � ; ,�,, :. . . .�. . ' . , . , `�;:t : %.'' _ ' . ' • • . ' • . , , , . ':a ,' .. , . . '.�• . A early r�eply ta the above wi12 he appreciated. I thank-your� for your' '•` ' , . tiae an tFtis �atter. ' � � � : . - r . ', . : .. . .�:w , .. �. . . . � � -. . : . ::��• r . .: • - . � .. . , • . . : x '�� - � � . Yours tr�%ly� ' � • � :.. . • '. . , � - �� , � • �� . ,��= �, , , _ . - • • _ ^`�l! �.', - .' � , _ • � � �ohyn F.�'. Siaier' � � . .�- � � , . .. � � � � P�eSident � Board of A'irect.ors � ' .,' � � , ' tCen�ir�gt�n Ma�or H�a�es Association � Ence Your Letter of 8123/9�- CC: di� Danielsan City of Mendata Neiqhfis ',-. � i .i - �, ��j� — �:C�=� ;.� 2800 Minnesota World 'I'rade Center 3(l East Seventh Street Saint Paul, Minnesota 55101-4999 (612) 291-9402 September 28, 1995 Mr. 7ohn F. Slater President, Board of Directors Kensington Manor Homes Association P.O. Box 18264 West St. Paul, MN 55118-0264 Dear Mr. Slater: Thank you for your letter of September 25. I shall plaa to make the payments outlined in my letter of August 24, 1994, upon the sale of Outlot B. Sincerely, � Irving Clark icrziisi�.w: �� CITY OF MENDOTA HEIGHTS MEMO 0 , November 2, 1995 TO: Mayor, City Councii and City Administrator � /v � FROM: Lawrence E. Shaughnessy. Jr., Treasurer SUBJECT: Bond Sale . •� Bids will be received at 4:30 P.M. on Tuesday for the sale of 52,1'. Improvement and Refunding Bonds of 1995. ,000 A tabulation of the bids will be available at the Council meeting. "ttached is a copy of the standard bonding resolution. There is one change from th past and that being the "continuing disclosures° which is now required. Instead o filing information with Moody's Investors Service as we have done in the past, we are now required to file it with four other agencies. ' • � : � : � Review the bids received and award sale of bonds by Resolution to the low bidder. LES:kkb �. 95-_ � � ` EXTR.ACT OF MINVTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: November 7, 1995 Pursuant to due call and notice thereof, a regiilar meeting of the City Council of the City of Mendota Heigh s, Dakota County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 7th day of November, 1995, at 8:00 .M., for the purpose, in part, of opening, considering bids for, nd awarding the sale of, $2,170,000 General Obligation Refu ding and Improvement Bonds of 1995 of the City. The following members were present: and the following were absent: The City Clerk presented affidavits showing publica ion of notice of call for bids on $2,170,000 General Obligation Refunding and Improvement Bonds of 1995 of the City, for which bids were to be received at this meeting, in accordance ith the resolution adopted by the City Council on September 5, 1 95. The affidavits were examined, found to comply with the provi ions of Minnesota Statutes, Chapter 475, and were approved and o dered placed on file. _ The Council proceeded to receive and open bids for i�he sale of the Bonds. The following bids were received: � � 303299.1 Bidder Interest Rate The Council then proceeded to consider and discuss he bids, after which member introduced the f llowing resolution and moved its adoption: ' RESOLUTION ACCEPTING BID ON THE SALE OF $2,170,000 GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF 1995, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mendota Heights, Minn (the "City"), has heretofore issued $1,275,000 General C Improvement Bonds of 1985, dated February 1, 1985 (the " Bonds"); and B. WHEREAS, $320,000 in principal amount of t Bonds which mature in the years 1996 and thereafter are to redemption and prepayment at the option of the City o February 1, 1995, and on any interest payment date there a price of par plus accrued interest as provided in the resolution of the City Council, dated March 19, 1985 aut the issuance of the Prior Bonds (the "Prior Resolution") C. WHEREAS, the City Council deems it desirab the best interests of the City to call for redemption an prepayment on February 1, 1996 all of the Prior Bonds wh mature thereafter, in order to reduce debt service costs City; and sota ligation rior e Prior ubj ect fter, at orizing and e and in ch to the D. WHEREAS, the City Council has previously a thorized the construction of various improvements (the "Improveme ts") and has determined it is necessary and desirable to issue ge eral obligation improvement bonds to finance the same; and E. WHEREAS, the City Council has heretofore d termined and declared that it is necessary and expedient to issue $2,170,000 General Obligation Refunding and Improvement onds of 1995 of the City, pursuant to Minnesota Statutes, Chapte s 429 and 475, to finance the construction of the Improvements and to refund the outstanding Prior Bonds (the "Refunding"); an F. WHEREAS, the Improvements and the Refund hereinafter collectively referred to as the "Project"; 303299.1 2 are G. WHEREAS,,the Improvements and all their co ponents have been ordered prior to the date hereof, after a hear ng thereon for which notice was given describing the Improv ments or all their components by general nature, estimated cost, nd area to be assessed; and NOW, THEREFORE, BE IT RESOLVED by the Council f the City of Mendota Heights, Minnesota, as follows: 1. Acceptance of Bid. The bid of (the "Purchaser"), to purchase $ General Obligation Refunding and Improvement Bonds of 19 City (the "Bonds", or individually a"Bond"), in accorda the notice of bond sale, at the rates of interest herein forth, and to pay therefor the sum of $ , plus accrued to settlement, is hereby found, determined and d to be the most favorable bid received and is hereby acce the Bonds are hereby awarded to said bidder. The City C directed to retain the deposit of said bidder and to for return to the unsuccessful bidders their good faith chec drafts . 2. Title; Oriqinal Issue Date; Denominations: Maturities. The Bonds shall be titled "General Obligati� Refunding and Improvement Bonds of 1995", shall be dated 1, 1995, as the date of original issue and shall be issu� forthwith on or after such date as fully registered bond Bonds shall be numbered from R-1 upward in the denominat $5,000 each or in any integral multiple thereof of a sin� maturity. The Bonds shall mature on February 1 in the y� amounts as follows: Bonds are rata share Portion"). paragraph allocated Year Amount Year 1997 $190,000 1998-2002 200,000 2003-2006 160,000 All dates are inclusive. ,170,000 5 of the ce with fter set nterest clared ted, and erk is hwith s and November d . The on of ars and 2007 $90, OC�O 2008-2012 50,Od0 3. Refunding Portion of the Bonds. $250,000 c being issued to refund the Prior Bonds and to X of the issuance expenses of the Bonds (the "Re The following principal amounts set forth in 2 hereof maturing in the years set forth below to the Refunding Portion of the Bonds: Year 303299.1 3 Amount f the ay a pro funding ► i � t ► n The average maturity of the Refunding Portion of the years. 4. Purpose. The Bonds shall provide funds to the Project. The total cost of the Project, which shall all costs enumerated in Minnesota Statutes, Section 475. estimated to be at least equal to the amount of the Bond on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all thi. perform all acts required of it to assure that work on t Improvements proceeds with due diligence to completion a any and all permits and studies required under law for t Improvements are obtained. It is hereby found, determin declared that the Refunding is pursuant to Minnesota Sta Section 475.67 and shall result in a reduction of debt s cost to the City. 1 S inance nclude , is Work s and that and tes, vice 5. Interest. The Bonds shall bear interest pa able semiannually on February 1 and August 1 of each year (eac , an "Interest Payment Date"), commencing August 1, 1996, calc lated on the basis of a 360-day year of twelve 30-day months, a the respective rates per annum set forth opposite the maturit years as follows: Maturity Year 1997 1998 1999 2000 2001 2002 2003 2004 Interest Rate 0 Maturity Year 2005 2006 2007 2008 2009 2010 2011 2012 Interlest 6. Redemption. All Bonds maturing in the year to 2012, both inclusive, shall be subject to redemption a prepayment at the option of the City on February 1, 2004, any Interest Payment Date thereafter at a price of par pl accrued interest. Redemption may be in whole or in part Bonds subject to prepayment. If redemption is in part, t Bonds remaining unpaid which have the latest maturity dat be prepaid first; and if only part of the Bonds having a maturity date are called for prepayment, the specific Bon prepaid shall be chosen by lot by the Bond Registrar. Bo portions thereof called for redemption shall be due and p 303299.1 4 % 2005 and on is �f the iose : shall :ommon is to be ids or �yable on the redemption date, and interest thereon shall accrue from and after the redemption date. Mailed redemption shall be given to the paying agent and affected registered holder of the Bonds. cease to notic of to eac To effect a partial redemption of Bonds having maturity date, the Bond Registrar prior to giving notice redemption shall assign to each Bond having a common mat date a distinctive number for each $5,000 of the princip of such Bond. The Bond Registrar shall then select by 1 such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, numbers as, at $5,000 for each number, shall equal the p amount of such Bonds to be redeemed. The Bonds to be re shall be the Bonds to which were assigned numbers so sel provided, however, that only so much of the principal am each such Bond of a denomination of more than $5,000 sha redeemed as shall equal $5,000 for each number assigned so selected. If a Bond is to be redeemed only in part, be surrendered to the Bond Registrar (with, if the City Registrar so requires, a written instrument of transfer satisfactory to the City and Bond Registrar duly execute holder thereof or his, her or its attorney duly authoriz writing) and the City shall execute (if necessary) and t. Registrar shall authenticate and deliver to the Holder o Bond, without service charge, a new Bond or Bonds of the series having the same stated maturity and interest rate any authorized denomination or denominations, as request such Holder, in aggregate principal amount equal to and exchange for the unredeemed portion of the principal of so surrendered. 7. Bond Registrar. , in , , is appointed to act as bon registrar and transfer agent with respect to the Bonds (t Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying unless and until a successor paying agent is duly appoint Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Boncls in th set forth in the form of Bond and paragraph 13 of this resolution. a common of rity 1 amount t, using many ncipal emed ted; nt of be � it and shall � Bond . form by the . in Bond such ame nd of . by .e Bond e "Bond Bond the gent d. manner 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of As ignment and the registration information thereon, shall be in substantially the following form: 303299.1 5 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND OF 1995 INTEREST R.ATE REGISTERED OWNER: MATURITY DATE OF DATE ORIGINAL ISSUE NOVEMBER 1, 1995 $ PRINCIPAL AMOUNT: ' DOLLAI KNOW ALL PERSONS BY THESE PRESENTS that the Cii Mendota Heights, Dakota County, Minnesota (the "Issuer") certifies that it is indebted and for value received pro� pay to the registered owner specified above, or register� assigns, in the manner hereinafter set forth, the princi� amount specified above, on the maturity date specified al unless called for earlier redemption, and to pay interesi semiannually on February 1 and August 1 of each year (ea� "Interest Payment Date"), commencing'August 1, 1996, at 1 per annum specified above (calculated on the basis of a: year of twelve 30-day months) until the principal sum is has been provided for. This Bond will bear interest fro� most recent Interest Payment Date to which interest has l or, if no interest has been paid, from the date of origi� hereof. The principal of and premium, if any, on this B� payable upon presentation and surrender hereof at the pr: office of , in (the "Bond Registrar"), acting as paying a� any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Paym� by check or draft mailed to the person in whose name thi; registered (the "Holder" or "Bondholder'�) on the registr� books of the Issuer maintained by the Bond Registrar and address appearing thereon at the close of business on th� fifteenth day of the calendar month next preceding such : Payment Date (the "Regular Record Date"). Any interest � timely paid shall cease to be payable to the person who : Holder hereof as of the Regular Record Date, and shall b� to the person who is the Holder hereof at the close of bi 303299.1 6 y of ises to d al .., � �.. , thereon h, an he rate 60-day paid or the een paid al issue nd are ncipal ent , or nt Date Bond is tion at the nterest ot so s the payable siness on a date (the "Special Record Date��) fixed by the Bond egistrar whenever money becomes available for payment of the defa lted interest. Notice of the Special Record Date shall be gi en to Bondholders not less than ten days prior to the Special ecord Date. The principal of and premium, if any, and interes on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVIS ONS OF THIS BOND SET FORTH ON THE REVERSE'HEREOF, WHICH PROVISI NS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HE E. IT IS HEREBY CERTIFIED AND RECITED that all ac conditions and things required by the Constitution and 1 the State of Minnesota to be done, to happen and to be p precedent to and in the issuance of this Bond, have been have happened and have been performed, in regular and du time and manner as required by law, and that this Bond, with all other debts of the Issuer outstanding on the da original issue hereof and the date of its issuance and d to the original purchaser, does not exceed any constitut statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mendota Height County, Minnesota, by its City Council has caused this B executed on its behalf by the facsimile signatures of it and its Clerk, the corporate seal of the Issuer having b intentionally omitted as permitted by law. 303299.1 7 s, ws of rformed, done, form, ogether e of livery onal or , Dakota idtobe Mayor �n Date of Registration: Registrable by: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar By Authorized Signature 303299.7 Payable at: CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA Mayor Clerk 8 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonc maturing in the years 2005 to 2012, both inclusive, are ; to redemption and prepayment at the option of the Issuer February 1, 2004, and on any Interest Payment Date there< a price of par plus accrued interest. Redemption may be or in part of the Bonds subject to prepayment. If redem� in part, those Bonds remaining unpaid which have the latE maturity date shall be prepaid first; and if only part o: Bonds having a common maturity date are called for prepa! the specific Bonds to be prepaid shall be chosen by lot l Bond Registrar. Bonds or portions thereof called for rec shall be due and payable on the redemption date, and intE thereon shall cease to accrue from and after the redempt: Mailed notice of redemption shall be given to the paying and to each affected Holder of the Bonds. To effect a partial redemption of Bonds having a common t date, the Bond Registrar shall assign to each Bond havinc common maturity date a distinctive number for each $5,001 principal amount of such Bond. The Bond Registrar shall select by lot, using such method of selection as it shal: proper in its discretion, from the numbers assigned to t] as many numbers as, at $5,000 for each number, shall equ� principal amount of such Bonds to be redeemed. The Bond; redeemed shall be the Bonds to which were assigned numbe: selected; provided, however, that only so much of the pr: amount of such Bond of a denomination of more than $5,001 be redeemed as shall equal $5,000 for each number assignE and so selected. If a Bond is to be redeemed only in pa� shall be surrendered to the Bond Registrar (with, if the or Bond Registrar so requires, a written instrument of t� in form satisfactory to the Issuer and Bond Registrar du: executed by the Holder thereof or his, her or its attornE authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and to the Holder of such Bond, without service charge, a ne� Bonds of the same series having the same stated maturity interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeE portion of the principal of the Bond so surrendered. 303299.1 9 s") ubj ect on fter at in whole tion is st the ment, y the emption rest on date. agent aturity a of the then deem e Bonds, 1 the to be s so ncipal shall d to it t, it Issuer ansfer Y y duly deliver Bond or and Issuance: Purpose: General Obligation. This Bc one of an issue in the total principal amount of $2,170,1 of like date of original issue and tenor, except as to ni maturity, interest rate, denomination and redemption pri� which Bond has been issued pursuant to and in full confo� with the Constitution and laws of the State of Minnesota pursuant to a resolution adopted by the City Council of 1 Issuer on November 7, 1995 (the "Resolution"), for the pi providing money to finance the construction of various it ments within the jurisdiction of the Issuer and to redeet February 1, 1996, all of the outstanding General Obligat: Improvement Bonds of 1985, dated February 1, 1985 of the This Bond is payable out of the General Obligation Refunc Improvement Bonds of 1995 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to p. moneys for the prompt and full payment of its principal, if any, and interest when the same become due, the full � credit and taxing powers of the Issuer have been and are irrevocably pledged. Denominations; Exchange; Resolution. The Bond issuable solely as fully registered bonds in the denomin $5,000 and integral multiples thereof of a single maturi are exchangeable for fully registered Bonds of other aut denominations in equal aggregate principal amounts at th principal office of the Bond Registrar, but only in the and subject to the limitations provided in the Resolutio Reference is hereby made to the Resolution for a descrip the rights and duties of the Bond Registrar. Copies of Resolution are on file in the principal office of the Bo Registrar. Transfer. This Bond is transferable by the Ho person or by his, her or its attorney duly authorized in at the principal office of the Bond Registrar upon prese and surrender hereof to.the Bond Registrar, all subject terms and conditions provided in the Resolution and to r regulations of the Issuer contained in any agreement wit Bond Registrar. Thereupon the Issuer shall execute and Registrar shall authenticate and deliver, in exchange fo Bond, one or more new fully registered Bonds in the name transferee (but not registered in blank or to "bearer" o designation), of an authorized denomination or denominat aggregate principal amount equal to the principal amount Bond, of the same maturity and bearing interest at the s 303299.1 1 0 nd is 00, all mber, ilege, mity rpose of prove- on on Issuer. ing and ovide premium, aith and hereby are tions of y and orized anner ion of er in riting ation the sonable the e Bond this f the similar ns, in f this e rate. Fees upon Transfer or Loss. The Bond Registra may require payment of a sum sufficient to cover any tax or ther governmental charge payable in connection with the trans er or exchange of this Bond and any legal or unusual costs reg rding transfers and lost Bonds. Treatment of Registered Owners. The Issuer an Registrar may treat the person in whose name this Bond i registered as the owner hereof for the purpose of receiv payment as herein provided (except as otherwise provided reverse side hereof with respect to the Record Date) and other purposes, whether or not this Bond shall be overdu neither the Issuer nor the Bond Registrar shall be affec notice to the contrary. � Bond on the for all , and ed by Authentication. This Bond shall not be valid r become obligatory for any purpose or be entitled to any securit unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-Exempt Obligation. This Bond ha been designated by the Issuer as a"qualified tax-exempt obli ation" for purposes of Section 265(b)(3) of the Internal Revenu Code of 1986, as amended. ABBREVIATI The following abbreviations, when used in the inscr'ption on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regu ations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 303299.1 1 1 � ASSIGNMENT For value received, the undersigned hereby sel s, assigns and transfers unto the within Bond and d es hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to thi: assignment must correspond with as it appears upon the face of t within Bond in every particular, alteration or any change whateve Signature Guaranteed: Signature(s) must be guaranteed by a national bank or t company or by a brokerage firm having a membership in o major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). name without �t of the The Bond Registrar will not effect transfer of this �Bond unless the information concerning the transferee requested below is provided. I Name and Address: 303299.1 Include information for all joint owne if the Bond is held by joint account.) 12 9. Execution; Temporary Bonds. The Bonds sha executed on behalf of the City by the signatures of its Clerk and be sealed with the seal of the City; provided, that the seal of the City may be a printed facsimile; an provided further that both of such signatures may be pri facsimiles and the corporate seal may be omitted on the permitted by law. In the event of disability or resigna other absence of either such officer,'the Bonds may be s the manual or facsimile signature of that officer who ma behalf of such absent or disabled officer. In case eith officer whose signature or facsimile of whose signature appear on the Bonds shall cease to be such officer befor delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, t as if he or she had remained in office until delivery. may elect to deliver, in lieu of printed definitive bond more typewritten temporary bonds in substantially the fo forth above, with such changes as may be necessary to re more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimi signatures of the Mayor and Clerk. Such temporary bonds upon the printing of the definitive bonds and the execut thereof, be exchanged therefor and cancelled. 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by a authorized representative of the Bond Registrar. Certifi Authentication on different Bonds need not be signed by t person. The Bond Registrar shall authenticate the signat officers of the City on each Bond by execution of the Cer of Authentication on the Bond and by inserting as the dat registration in the space provided the date on which the authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall as a date of registration the date of original issue, whi is November 1, 1995. The Certificate of Authentication s executed on each Bond shall be conclusive evidence that i been authenticated and delivered under this resolution. 11. Recristration; Transfer; Exchancre. The Cit cause�to be kept at the principal office of the Bond Regi bond register in which, subject to such reasonable regula the Bond Registrar may prescribe, the Bond Registrar shal provide for the registration of Bonds and the registratio transfers of Bonds entitled to be registered or transferr herein provided. �. 303299.1 1 3 1 be and er, ed nds as on or ned by act on such all the same City one or set Ct hall, n or ates of e same res of ificate of ond is insert h date has will trar a ions as of d as Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall e� (if necessary), and the Bond Registrar shall authenticate the date of registration (as provided in paragraph 10) oi deliver, in the name of the designated transferee or trai one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, havii same stated maturity and interest rate, as requested by t transferor; provided, however, that no Bond may be regist blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exch Bonds of any authorized denomination or denominations of aggregate principal amount and stated maturity, upon sur the Bonds to be exchanged at the principal office of the Registrar. Whenever any Bonds are so surrendered for ex the City shall execute (if necessary), and the Bond Regi shall authenticate, insert the date of registration of, deliver the Bonds which the Holder making the exchange i entitled to receive. ecute , insert , and sferees, g the he ered in nged f or a like ender of Bond hange, trar All Bonds surrendered upon any exchange or tra sfer provided for in this resolution shall be promptly cancel ed by the Bond Registrar and thereafter disposed of as directe by the City. • All Bonds delivered in exchange for or upon tr nsfer of Bonds shall be valid general obligations of the City evi encing the same debt, and entitled to the same benefits under t is resolution, as the Bonds surrendered for such exchange o transfer. Every Bond presented or surrendered for transf exchange shall be duly endorsed or be accompanied by a w instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, h attorney duly authorized in writing. The Bond Registrar may require payment of a su� sufficient to cover any tax or other governmental charge in connection with the transfer or exchange of any Bond legal or unusual costs regarding transfers and lost Bond Transfers shall also be subject to reasonable regulations of the City contained in any agreement with Registrar, including regulations which permit the Bond : to close its transfer books between record dates and pa� dates. The Clerk is hereby authorized to negotiate and the terms of said�agreement. 303299.1 1 4 r or itten r or its able any e Bond istrar nt ecute 12. Rights Upon Transfer or ExchanQe. Each B delivered upon transfer of or in exchange for or in lieu other Bond shall carry all the rights to interest accrue unpaid, and to accrue, which were carried by such other 13. Interest Payment; Record Date. Interest Bond shall be paid on each Interest Payment Date by chec draft mailed to the person in whose name the Bond is reg (the "Holder") on the registration books of the City mai by the Bond Registrar and at the address appearing there close of business on the fifteenth (15th) day of the cal month next preceding such Interest Payment Date (the "Re Record Date"). Any such interest not so timely paid sha to be payable to the person who is the Holder thereof as Regular Record Date, and shall be payable to the person the Holder thereof at the close of business on a date (t "Special Record Date") fixed by the Bond Registrar whene becomes available for payment of the defaulted interest. of the Special Record Date shall be given by the Bond Re to the Holders not less than ten (10) days prior to the Record Date. 14. Treatment of Registered Owner. The City Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of payment of principal of and premium, if any, and interes (subject to the payment provisions in paragraph 13 above such Bond and for all other purposes whatsoever whether such Bond shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. f any and n any or stered tained n at the 1 cease of the ho is e er money Notice istrar pecial nd Bond eceiving on, r not Bond 15. Delivery; A�plication of Proceeds. The B nds when so prepared and executed shall be delivered by the Treas rer to the Purchaser upon receipt of the purchase price, and th Purchaser shall not be obliged to see to the proper appl'cation thereof. 16. Fund and Accounts. (a) $ of the proceeds of the Bonds shall be deposited in the Debt Service Account of the General Obl'gation .Improvement Bonds of 1985 Fund heretofore created for th Prior Bonds, which amount, together with all other funds held herein is sufficient to pay the principal and accrued interest ue on the outstanding Prior Bonds on February 1, 1996. (b) There is hereby created a special fund tolbe designated the "General Obligation Refunding and Improv Bonds of 1995 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account se; 303299.1 1 5 t ate and apart from all other funds maintained in the official fi records of the City. The Fund shall be maintained in th herein specified until all of the Bonds and the interest have been fully paid. There shall be maintained in the (2) separate accounts, to be designated the "Constructio Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Ac there shall be credited the proceeds of the sale of the less accrued interest received thereon, less any amount the Bonds in excess of $2,148,300, less capitalized inte the amount of $ credited to the Debt Service A and less any sums deposited in the Debt Service Account Prior Bonds pursuant to subparagraph (a) above, plus any assessments levied with respect to the Improvements and prior to completion of the Improvements and payment of t. thereof. From the Construction Account there shall be p costs and expenses of making the Improvements listed in 17, including the cost of any construction contracts her let and all other costs incurred and to be incurred of t authorized in Minnesota Statutes, Section 475.65; and th in said account shall be used for no other purpose excep otherwise provided by law; provided that the proceeds of Bonds may also be used to the extent necessary to pay in the Bonds due prior to the anticipated date of commencem the collection of taxes or special assessments herein le covenanted to be levied; and provided further that if up completion of the Improvements there shall remain any un balance in the Construction Account,' the balance (other special assessments) may be transferred by the Council t fund of any other improvement instituted pursuant to Min Statutes, Chapter 429, and provided further that any spe assessments credited to the Construction Account shall o applied towards payment of the costs of the Improvements adoption of a resolution by the City Council detennining application of the special assessments for such purpose cause the City to no longer be in compliance with Minnes Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrev� appropriated and pledged to, and there shall be credited Debt Service Account: (a) all collections of special ass� herein covenanted to be levied with respect to the Impro, and either initially credited to the Construction Accouni already spent as permitted above and required to pay any principal and interest due on the Bonds or collected sub; to the completion of the Improvements and payment of the thereof; (b) capitalized interest in the amount of $ (c) all collections of special assessments levied for th� improvements financed by the Prior Bonds which are not n� 303299.1 1 6 ncial manner hereon nd two ount onds, aid f or est in count, or the special ollected e costs id all aragraph tofore e kind moneys as the erest on nt of ied or xpended han any the esota ial ly be upon that the ill not ta cably to, the ssments ements and not equent costs � ; eded to pay the Prior Bonds as a result of the Refunding; (d) al interest received upon delivery of the Bonds; (e) all fu for the Bonds in excess of $2,148,300; (f) any collectio taxes herein or hereafter levied for the payment of the interest thereon; (g) any collections of all taxes heret levied for the payment of the Prior Bonds and interest t which are not needed to pay the Prior Bonds as a result Refunding; (h) all funds remaining in the Construction A after completion of the Improvements and payment of the thereof, not so transferred to the account of another improvement; (i) any funds remaining on deposit in the R Fund after the same have been paid and discharged; (j) a investment earnings on funds held in the Debt Service Ac and (k) any and all other moneys which are properly avai are appropriated by the governing body of the City to th Service Account. The Debt Service Account shall be used to pay the principal and interest and any premiums for r of the Bonds and any other general obligation bonds of t hereafter issued by the City and made payable from said as provided by law. , No portion of the proceeds of the Bonds shall be use directly or indirectly to acquire higher yielding investm to replace funds which were used directly or indirectly t acquire higher yielding investments, except (1) for a rea temporary period until such proceeds are needed for the p for which the Bonds were issued and (2) in addition to th in an amount not greater than the lesser of five percent the proceeds of the Bonds or $100,000. To this effect, a proceeds of the Bonds and any sums from time to time held Construction Account or Debt Service Account (or any othe account which will be used to pay principal or interest t due on the bonds payable therefrom) in excess of amounts under then-applicable federal arbitrage regulations may b invested without regard to yield shall not be invested at in excess of the applicable yield restrictions imposed by arbitrage regulations on such investments after taking in account any applicable "temporary periods" or "minor port made available under the federal arbitrage regulations. the Fund shall not be invested in obligations or deposits by, guaranteed by or insured by the United States or any or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guarant within the meaning of Section 149(b) of the Internal Reve of 1986, as amended (the "Code"). 17. Assessments. It is hereby determined than twenty percent (20�) of the cost to the City of Improvement financed hereunder within the meaning of Statutes, Section 475.58, Subdivision 1(3), shall be 303299.1 1 % tha eac; 0 accrued ds paid s of all onds and f ore ereon f the count osts tion unt; ble and Debt olely emption City count ts or aonable irpose a above (5�) of n the City become ich a yield said 0 on" oney in issued gency ed" ue Code no less sota by special assessments to be levied against every assessabl� piece and parcel of land benefitted by any of the Improv� The City hereby covenants and agrees that it will let al. construction contracts not heretofore let within one (1) after ordering each Improvement financed hereunder unles. resolution ordering the Improvement specifies a differen limit for the letting of construction contracts. The Ci further covenants and agrees that it will do and perform as they may be done all acts and things necessary for th� and valid levy of such special assessments, and in the e� any such assessment be at any time held invalid with res;� any lot, piece or parcel of land due to any error, defec irregularity in any action or proceedings taken or to be the City or the City Council or any of the City officers employees, either in the making of the assessments or in performance of any condition precedent thereto, the City City Council will forthwith do all further acts and take further proceedings as may be required by law to make th� assessments a valid and binding lien upon such property. special assessments have not heretofore been authorized, accordingly, for purposes of Minnesota Statutes, Section Subdivision 3, the special assessments are hereby author Subject to such adjustments as are required by condition, existence at the time the assessments are levied, the as� are hereby authorized and it is hereby determined that t: assessments shall be payable in equal, consecutive, annu� installments, with general taxes for the years shown bel� with interest on the declining balance of all such asses� a rate per annum not greater than the maximum permitted ] and not less than � per annum: Improvement Designation Improvement Project No. Improvement Project No. Improvement Project No. Improvement Project No. TOTAL No. 6 No. 1 No. 2 No. 3 92, 95, 95, 95, � Amount Levy Years The special assessments for the Prior Bonds have heretof levied, and the installments that remain payable are pay equal, consecutive, annual installments including both p and interest, with interest at the respective rates per shown below: 303299.1 1-8 lot, ents. ear the time hereby s soon final nt that Ct t0 or aken by nd the 11 The nd 75.55, ed. in ssments and ents at law lection e been le in ncipal � Improvement ' Designation (i) 81-6 (ii) 81-8 (iii) 83-4 (iv) 84-3 $ Amount Levy Years 1995-2001 1995-2001 1995-2003 1995-2003 Collecti Years 1996-20 1996-20 1996-20 1996-20 Rate 11.50% 11.50 10.00 10.00 • TOTAL: � At the time the assessments are in fact levied he City Council shall, based on the then current estimated collec ions of the assessments, make any adjustments in any ad valorem t xes required to be levied in order to assure that the City co tinues to be in compliance with Minnesota Statutes, Section 475. 1, Subdivision 1. 18. Tax Le • Covera e Test• Cancellation f C rtain Tax Levies. To provide moneys for payment of the princip 1 and interest on the Bonds there is hereby levied upon all of he taxable property in the City a direct annual ad valorem t x which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection The tax levies are such that if collected in fu�l they, together with estimated collections of special assessment and other revenues herein pledged for the payment of the Bond , will produce at least five percent (5�) in excess of the amoun needed to meet when due the principal and interest payments on t e Bonds. The tax levies shall be irrepealable so long as a y of the Bonds are outstanding and unpaid, provided that the C ty reserves the right and power to reduce the levies in the anner and to the extent permitted by Minnesota Statutes, Sectio 475.61, Subdivision 3. 303299.1 � 1 9 Upon payment of the Prior Bonds, the taxes lev paragraph 19 of the Prior Resolution authorizing the iss the Prior Bonds, in the year 1996 for collection in 1997 cancelled. 19. Defeasance. When all Bonds have been dis as provided in this paragraph, all pledges, covenants an rights granted by this resolution to the registered hold the Bonds shall, to the extent permitted by law, cease. may discharge its obligations with respect to any Bonds � due on any date by irrevocably depositing with the Bond on or before that date a sum sufficient for the payment in full; or if any Bond should not be paid when due, it � nevertheless be discharged by depositing with the Bond R a sum sufficient for the payment thereof in full with in accrued to the date of such deposit. The City may also its obligations with respect to any prepayable Bonds cal redemption on any date when they are prepayable accordin their terms, by depositing with the Bond Registrar on or that date a sum sufficient for the payment thereof in fu provided that notice of redemption thereof has been duly The City may also at any time discharge its obligations � respect to any Bonds, subject to the provisions of law n hereafter authorizing and regulating such action, by dep irrevocably in escrow, with a suitable banking instituti qualified by law as an escrow agent for this purpose, ca securities described in Minnesota Statutes, Section 475. Subdivision 8, bearing interest payable at such times an� rates and maturing on such dates as shall be required, s� sale and/or reinvestment, to pay all amounts to become d� thereon to maturity or, if notice of redemption as herei; required has been duly provided for, to such earlier red date. 20. Compliance With Reimbursement Bond Regulat The provisions of this paragraph are intended to establis provide for the City's compliance with United States Trea Regulations Section 1.150-2 (the "Reimbursement Regulatio applicable to the "reimbursement proceeds" of the Bonds, those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid have paid prior to the Closing Date (a ��Reimbursement Expenditure"). The City hereby certifies and/or covenants as foll (a) Not later than 60 days after the date of payme; Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has will have made a written declaration of the Ci 303299.1 2 0 ed in ance of shall be arged other s of he City ich are gistrar ereof istrar rest scharge d for to efore iven. th or iting or at such ject to ption ons. and ury s") eing r will of a ade or 's official intent (a "Declaration") which effect� states the City's reasonable expectation to re� itself for the payment of the Reimbursement Ex� out of the proceeds of a subsequent borrowing; gives a general and functional description of t property, project or program to which the Decl� relates and for which the Reimbursement Expend� paid, or identifies a specific fund or account City and the general functional purpose thereof which the Reimbursement Expenditure was to be � (collectively the "Project"); and (iii) states maximum principal amount of debt expected to be by the City for the purpose of financing the Px provided, however, that no such Declaration sh� necessarily have been made with respect to: (i) ��preliminary expenditures" for the Project, def the Reimbursement Regulations to include engine architectural, surveying and soil testing exper similar prefatory costs, which in the aggregate exceed 20� of the "issue price" of the Bonds, � a de minimis amount of Reimbursement Expenditux in excess of the lesser of $100,000 or 5� of tY proceeds of the Bonds. Notwithstanding the fox with respect to any Declaration made by the Cit between January 27, 1992 and June 30, 1993, wit respect to a Reimbursement Expenditure made pr� March 2, 1992, the City hereby represents that exists objective evidence, that at the time the Expenditure was paid the City expected to reimY cost thereof with the proceeds of a borrowing I or tax-exempt) and that expectation was reason� vely (i) mburse enditure (ii) he ration ture is of the f rom aid the issued oj ect; 11 ined in ering or ses and do not nd (ii) es not e egoing, Y h or to there urse the taxable ble. (b) Each Reimbursement Expenditure is a capital exp"enditure or a cost of issuance of the Bonds or any of th�e other types of expenditures described in Section 1.15I0- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursemen Expenditure shall and will be made forthwith fc (but not prior to) the issuance of the Bonds an events within the period ending on the date whi the later of three years after payment of the Reimbursement Expenditure or one year after the which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made writing that evidences the City's use of Bond p to reimburse the Reimbursement Expenditure and, 303299.1 21- lowing in all h is date on in a oceeds i f made �, � within 30 days after the Bonds are issued, sha�l be treated as made on the day the Bonds are issue . Provided, however, that the City may take action contra to any of the foregoing covenants in this paragraph 20 upon rec ipt of an opinion of its Bond Counsel�for the Bonds stating in ffect that such action will not impair the tax-exempt status o the Bonds . -� - -- - 21. Continuing DisClosure. The City is the s obligated person with respect to'the Bonds. The City he agrees, in accordance with the provisions of Rule 15c2-1 "Rule"), promulgated by"the Securities and Exchange Comm (:the "Commission") pursuant to the Securities Exchange�A 1934, as amended, and a Continuing Disclosure Undertakin "Undertaking") hereinafter described to:' � � ,� ,. . . � ._ ; . . � A. Provide or cause to be provided to each riation recognized municipal�"securities infonnation repository ( and to the appropriate state infonnation depository (��SI; any, for the State of Minnesota, in each case as designa the Commission in accordance with the Rule, certain annu financial information arid operating data in accordance w Undertaking. The City reserves the right to modify from time the terms of the Undertaking as provided therein. . , , , _ . ... ''• B.. Provide or cause to be provided, in a timely m, (i) each NRMSIR or to the Municipal Securities Rulemakin! ("MSRB") and' (ii) the SID, notice of the occurrence of a material events with�respect to the Bonds in accordance � Undertaking. � ''. ' - ' - C. Provide or cause to be provided, in a timely ma (i) each NRMSIR or to the MSRB and.(ii) the SID, notice o failure by the City to provide the annual financial infor with respect �to the City described' in tlie Undertaking. � ^ .. , > - -, D. � The City agrees that'its covenants pursuant to set forth"in this paragraph 21 and'in the Undertaking is to be for the benefit of the Holders of the Bonds and sha enforceable on behalf of such Holders; provided that the enforce the provisions of these covenants shall be limite right to obtain specific enforcement�of the City's obliga under the covenants. � ' f: The Mayor and Clerk-of the City, or any other office City authorized to act'in their place with "Officers" are authorized and directed to execute on behalf of the City Undertaking in substantially the form presented to the Ci Council subject to such modifications thereof or addition . � , � • ' . ' . 303299.1 22 � le'� (the ssion t of (the` lly NRMSIR") ") , if ed by 1 th the time to ner, to Board tain th the er, _ to a tion F� he� °Rule ntended 1 be �� ight to to a ions � >. of the hereby Y ` To: From: Subject: CITY OF MENDOTA HEIGHTS �� November 3, 1995 Mayor, City Council and City Admini Kevin Batchelder, Administrative Ass' � . Case No. 95-26: Landscape Plan for Conway Three Season Porch DISCUSSION On October 17, 1995, the Ciry Council appmved a rear yard setback var feet to allow the construction of a three season porch pmposed by Mr. aad Mrs. 2288 Apache Street. The appmval of this variance allowed the Conway's to ob1 building permit and begia work on the porch while conditions of approval regan landscaping were addressed. The Council placed the following conditions of ap� variance: 1. 2. 3. That a landscape screening, or hedge, shall be installed to screen the three from the property to the rear; and That the screen should consist of hardy bushes, shiubs or plant materials appmximately 6 ft. in height and will not grow into the overhead power That the landscape contractor should provide a warranty so that any plants survive the initial installation will be replaced; and � of 3.58 vay, of on this porch will be ; and do not 4. That the City Planner, 7ohn Uban, will work with the applicant to propose a landscap plan that will specify the number and types of plantings necessaiy and appm riate for the situation, to be approved by the City Council on their consent calendar. Joha Uban, City Planning Consultant, met with the Conways and reviewed landscape plan that includes a 5' to 6' cedar lattice fence that will be adorned by Clematis vin planted three feet on center. Clematis is a hardy vine that will gmw to cover the lattice fen structure. A total of eight (8) Clematis vines are proposed three feet on center and ill pmvide significant screening. John Uban endorses this plan for screening and reco ends City Council approval. ACTION RF.QUTRED If the City Council so desires, they should pass a motion approving the landscape plan to address the conditions of approval for the Conway variance. 1-1/2' X 2' G4DAI2 FRAM� 1/2 W�l. GEDAR LATIi , 6x6 GEDAR POST LA�r�rl�� i'�1� CITY 4F MENDOTA I-�EIGI-�TS Case No. 95-26 � AR CAP GgDAR POST , iN, GgDAR 'H/LATTIGf ShED GRADE � A�ND�UB 1VY NORTH �� ' � � PC3N�"iA� � F'LAGE " / � , 0 � , � m �-- .,,� ...� -� � . `�" ---._ ___,. '�` -�-., _ �~�-�,. ---... � ,� ---_.. �' ~ � � � � r--._ ,.�,� _____ � •� � / -'�' "'�- --�. EXJSTING � ``- 3�T F�PlNE 5 `' ---., / �XI�TWG . .`�-�. '-- � 28 F7. �1CVER `�°I7�PL`E-- --_._ � N / � . � w �II�A 1� `�I � � �.�` "'�...' '��.� Ct� O! O Q � N � GCaN1NAY � . � �, � � � � G ��NBUfi�� ~ Q � � I �' � � � � � I `~--- � � � � � �•-�• �.A��r�c � � ..-- ��r�c� � � ' � . � �..,,,... GLEMA71� V�l� ' " ' .�-�-- C3'-O' C.?,G..� � } H -- -' � j j ______�_ � I � � r � � � � CITY �F MEND �TA HEIG�ITS �� a �ase Na. 95-26 � � w NORTH �'�� SC828: i•�2q• »t ww �.� CITY OF MENDOTA HEIGHTS October , TO: Mayor, City Council and City Ad ' FROM: James E. Danielson, Public Works ' SUBJECT: Driveway Light Request DISCUSSION• Mr. and Mrs. Werthauser, 1020 Sibley Memorial Highway recently obtain approvals to build a home aad are in the final stages of that constructioa. The We are experiencing some difficulties accessing their driveway because of poor visibil on a fast moving highway. They have requested NSP to install a light on an existi located at the end of their driveway. NSP will not install aay lights without City � Mr. Werthauser has submitted the attached request. He has reviewed his request � immediate neighbors, the Moores aad they have signed the letter consenting to his The light the Werthauser's want installed would be at no cost to the City. ACTION RFAUIItED: Review the Werthauser's request and determine whether or not to allow tt aa N5P light installed at the end of their driveway where it intersects with Tnmk �, 1995 City auser's at night pole �roval and � his to have hwav 13. .;; � a �� -�, 13 , � � ` S .:�.. _ . .. ..... .. �......____._._._........_._ ._��_._.._��?-_.y..l�.�Z....a�:._.__C��'_----__-.c,civ G,. L. ..,.;. � .._...._.._,._.....-�---_._. __.._......_____-_._.------------ -----� 'r d ,� l�(,�•x.�!_7c> T . �'�5 �� _ ..... . ._.._. .... _._ ._ . ... . . _... .. ... .._..._..__.___..__. � ._......----........_... . _...._. ,�.�...�.....�.� ...�...., �.....,� s...�._... G . ................._._...._... ��2��'1 `-. . ��ZI ...�G_�i�L�!�t.J__��iZ�-lf4-r.rS�rZ .. , . . _ ..,_ _.._ _ .. ... .,. fa �. o � r �t� c-�/ /�-t��.-t o 2 � � �:._ .� � j : � �-t L .v C�r� `t'r1- -#-tT s i .,5�--s t / � � _ . . . �..,_.__ .._.__._._._...-.- -------.---______..._..____________..____.__.----. ----.___.._.�__--.------.--..------.._._ .__.._..---.---.---.---------------�.- j ' S ..._.._ _._---..._._____._ ___....__._._....._---.-_.. _.._.___. _. _..._ _ _ . �-�_.�__...%'._`.�-�._r..._�. _ . �: �. �" `1 T .__ 4 �S.% _... __.____. __ _ _.. . - - - _ . .. _ ..�.. ._... ; . , . . _. /U• S. C? /�o �-e t.��s c�.�. � . t ;_.___._�...__.........__ .____ ._ _____....___, ._/ . ��J. __ _�/ �_�Yl..I/_:�.�.�:�_/ _ �i!1._ _ �'� .�.�_�..._ . ._._ f �-�c v l•�c.�-�C�' � �``fZ7--�ac:�G��"ii � 1 l � � �. s , "-'.___....._.._._..,.___.. ___...._._.._.......__»,.__...__.._.__.....r._.._ _...._......._�...__._._.._-.."--'«"'.�__.._�__.....___._.____. .. _.._.., ...,.._... .»,_ .. .....__...__....__..._.�—.._–' '.a , , �� r ;^�_ v( � -___ ._______._._ ._._._—._,�!!'�-_ ..._�t'�t.F-� �______�`� �..I��.,�?!J ....__..._._ !�- �_ e� . _ n +i� , l' A / :--• c 1 /l . : <. V '7 � �� ' c�'� r ��.C._ � �`• �`-��- ��1v�o u'-e. � K D fL -�'` �� ti Ct c�� -�n. � S �.e � � - ''�� [.�' >dy f , . . .. � ..._ ___ ._.._ .- - - • i TO: FROM: SIIBJI3CT : Mendota Heights Police Department MEMOR.ANDIIM 11/2 Mayor and City C il City�Administra Police Chief Dennis Delmont Appointment of Probationary Police Officer ,4/95 The police department requests permission to appoint S'cott Thomas Patrick to the position of probationary police �officer effective as soon as possible. Patrick will replace O�fficer Floyd Arndt who retired in January of this year. I Scott Patrick is a long time Mendota Heights resident presently a police officer in the City of Shakopee. his family live in the north end of the city and his combination of residency and law enforcement experien should serve the city very well. He has participated testing and selection process and has undergone the n medical and psychological tests with success. Sgt. W conducted a thorough background investigation and has recommended the hiring of Mr. Patrick. Council is aware of the tremendous turnover we have experienced in the past several years. Although the h of Patrick will bring us closer to our allocated and a strength, we will still be short two officers in our p division. One officer has notified us of his intent t retire in January and is presently using his accrued t to take him to that date. Another officer has undergo surgery and has not received his physician's permissio return to work. The need to hire Scott Patrick as soon as possible is pressing one. Our officers have dor�e an excellent job filling in the holes in our schedule �nd have performe very high level of professionalism in spite of all of extra shifts and long days that they have worked. They however need and deserve a break and the sooner we hir sooner that break will come. = request that the City Council suthorize the police departmeat to appoint Scott Patrick as a probationary officer at the waqe rate specified ia the present lab aqreemeat. d is and n our , essary � ks has ring, proved trol me off e to of at a he do , the olice � i� � � • «r : TO: Mayor, City Council and City FROM: James E. Danielsan, Public W� SUB,]'EC�: Extensian of Engineering Intern D�rick Anderson's Emplayment DISCUSSION: Mr. IIenck Andersan, wha recently graduated from the University of Min Civil �gineering was hired the end of 7une as a tempoxary engineering intern to l surveying, inspection and drafting. The end date af his employment was establisb November I5, 1995. I3erick has been unab2e to find full-time employment and is avaii:Mable ta help us out. 2, 1995 ota in � out with as Because of Guy's recent operation for carpal tunnel syndrome he is unable do drafting and because there are still same outside sarveying requirements, we would like to extend Derick's employment end date to be December 29, 1995, ta help us out in ose two areas. REC4MM�Ni)ATIUN; I recommend that Derick Anderson's employment be e�ctended from Navem r 15, 1995 to December 29, 1995. Ff Council desires to unplement the recommendatian they should pass a extending Derick's employment with the City to December 29, 1995. CITY OF MENDOTA HEIGHTS N� TO: Mayor, City Council and City A FROM: James E. Danielson, Public Works D'n e�� SUB�TECT: Hiring of two Street Bepartment Employees DISCUSSION: The City re�ently had two employees resign from Public Works; Gary Pike 5treet Deparlment went to West St. Paul and 7ohn Neska, leadworker from the Utili Department went to the City of Newport. I The Public Works labor contract requires that all openings withia the De� first posted to allow aay existing employees the opportunity to transfer. When tl posted, Mr. Fred Pfeiffer from the 5treet Department requested transfer to the L Department. Fred has worked very closely with John Neska over the last few ye very familiar with the duties. He was the only employee requesti.ng transfer and fulfilling 7ohn's duties ever since he left. In the past, the agreement with that pc been that once the employee acquires the required training and certification as a� operator a pmmotion to leadworker will occur. At this point, although Fred is fi 7ohn's replacement, he is still classified as a maintenance worker. Once Fred ac needed certification we will bring back a recommendation to Council that he be � leadworker. As a result of Fred's transfer, two openings need to be filled in the Street D Advertisements for the two openings were placed in the Sunday Edition of the Pion and all other appropriate publications fulfilling our EEU obligations. There were 4 that were graded and the top nine candidates were interviewed. The interview pane of Kevia Batchelder, Tom Olund, Dave Sorby and myself. A 100 point scoring tes completed on all niae candidates and every panelist scored the same candidates as tl finalists. The finalist are Tim Oster and Richard Burrows (applications attached). : these caadidates have worked for the City before as temporary summer helpers and exceptional workers. 1, 1995 the nent are jobs were and is been m has ung as the ed to �r Press applicants consisted was ;ir top two oth of I have contacted these two finalists and made ofFers to them contingent upon three conditions; 1) Council approval; 2) Passing a pre-employment physical; 3) Pass' g a back ground check. We do not have a large public works staff aad the loss of two employees le� extremely short handed. We are especially concemed because of the onset of the s season. We are very anxious to have these two new employees begi.a as soon as pc Tim Oster is currently only working part-time for Eagan Rubbish and could begin immediately. Rich Burrows needs to remain with his current employer unti.l Nove� 1995. . us 13, RECOMIVV�ENllATION: The Public Works interview panel unanimously recommends hiring Mr. Tim Oster and Mr. Richard Burrows as probationary Maintenance Worker I employees for the Street Department to fill existing vacancies. Tim Oster to begin employment November 8, 1995, and Richard Burrows to begin November 13, 1995 (both have taken pre-employment physicals and a background check has been completed by the Police Department). Conditions of employment for both Tim and Rich will be governed by the 1995 Union Contract that is cunently in force. � ACTION RF.QUIItID• Review the qualifications of Tim Oster and Richard Burnows aad then if Council desires to implement the recommendation they should pass a motion hiring Mr. Tim Oster effective November 8, 1995 and Mr. Richard Burrows effective November 13, 1995 as Maintenance Worker I with the City's Street Department. Tim aad Rich will serve a six (6) month probationary period as per our Labor Contract. �� CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Admini November 2, 1995 SUBJECT: Accept Letter of Resignation from Airport Relations Com DISCUSSION Olin Council is aware that Airport Relations Commissioner James Olin s�ffered a stoke over a year ago and has been recovering at home ever s�nce. Duri g this time Dr. Olin has been provided with Airport Commission packet material I each month, but has been unable to participate in the Commission meetings d � e to his physical limitations. In recognition of these limitations, Dr. Olin has now �ubmitted his letter of resignation from the Commission (see attached). RECOMMENDATION With regret, I recommend that we formally accept Dr. Olin's resign tion from the Airport Relations Commission. A draft letter of commendation f r his service on the Commission is attached for your consideration. Efforts to ecruit for a replacement Commissioner are now underway, and candidate interv ews are anticipated sometime in December. ACTION REaUfRED Council should adopt a motion accepting the resignation of Dr. Ja from the City's Airport Relations Commission effective immediately. Co should request that the Mayor sign the attached letter of commendation to Dr. Olin our gratitude for the contributions he has made to our City. .� express . � � -�; -■ Y tktQber 20,1995 Mayar Mertensotto 1 I01 Victoria Curve Mendota Hts., MN SSI l� beaX Mayor Mertensatto, JAME8 R. ti�.IN. Q,V.M 1l40 OFiCHAF2p PIAGE ME�IQOTA H�IGFtTB, MN.SS418 Tel*phon� 9-612-454-8888 �' Oct.23 i99S 9:45AM P01 ��' �- j �_2 � �-�. Thank you for your recent catl conceming my service on the Airport Commissian related ta nvisc uver our city . I respe�tfully subrnit my resignation ct�cctive tod�y. Ivly cercbr�t hemo�rhag� is now gaing into the 2nd ycar and I remain paraJyzed on the lcft sidc af my body and confined xa home and a wheelchair. " i had hoped tha�t ai�r a year I wt�uld regain stren��th and pui`su� my activities as before, but my stroke was very severe. Doctors have told me that if one is groing tu regain any stren�th, it wilt usu�lly happen in ihe first yea�: If t�tis prc�ves ttue in my �as� I ca.n,, unhapgily, look forward ta being paralyzed lt is not a gaod hand to �lay, but � havc will play out as it is. My r.areer as a Veterinarian has end�d after 45 years and I miss that a lot but the raw tnsth is that wi#h anly one ieg and qne attn I can nat �:Kpect ta return to my joh. Thank you for a1l yaur help to my family a year ago whcn they appeared before the Council canceming plans for the fllin property future developmeni. Alstt, thank you fc�r the appointment and I am traly sorry that i could not be activc this past y�ar and ful�ll tha duties as T pianned to when I acceptcd thc nomination I remai�s in �reat admira�zc�n of yau and your excellent service to a�l ciiir,�ns o� Mendote� Heights. Keep up the good work� 1 Ple�ase feel free to stap and see rne sorne time. I wouid cnjay #alking with yau so�n. � Sincereiy yatus, _. ��,�.�� . J es R. Qlin, D►VM 14p 4rchard Pi�ce MeridQta Ht3,� MN 551 l 8 Dr. James R. Olin 1140 Orchard Place Mendota Heights, MN 55118 Dear Dr. Olin: . Ci�� 1Viendota Hei _ _ -- - • 0 November 8, 1995 With deep regret, the Mendota Heights City Council, on Nov accepted your letter of resignation from the Airport Relations Comr behalf of the entire City Council, please accept our thanks for your efforts on behalf of our community. � Since its formation in 1993, the Airport Relations Commission has steady progress in addressing our City's airport noise concerns. Your ca _ to this effort has been substantial, and is greatly appreciated. . Our hopes and our prayers are with you as you continue your re would enjoy a chance to visit with you in the future-- please give me a convenience. 0 CEM/mtl Sincerely, CITY OF MENDOTA HEI Charles E. Mertensotto Mayor - 'V " , . `:r'�"'� ; ��'"�. � 1101 Victoria' Curve �1Viendota"Heights; 1ViN � 55118�'�?�: �-.♦ . . . � . . .. ^A� i . , 4 _ •• • • ' .. _ � . � ui . o� 7, 1995, . On ry: I - . , at your f � � u..p�....r-. • t�Y,ri� i2�-1850.:'�:`�'i� y,"�°`�- . . _,: �;,.��., :Y � � : �: . ,. , , . r; _ ; . � CITY OF MENDOTA HEIGHTS MEMO November 2, 1995 , TO: Mayor and City Council FROM: Tom Lawell, City Adminis at SUBJECT: Letter of Resignation As previously announced, I have accepted a position as the City I� Sequim, Washington, and will be leaving Mendota Heights effective Nov� 1995. The City of Sequim, located on the Olympic Peninsula about 75 r outside Seattle, is a growing community located at the "front door" of O National Park. In the rain shadow of the Olympic Mountains, Sequim enj relatively dry and sunny climate. As such, it has recently gained promin� retirement community and tourist destination. Offering both ocean and i recreational opportunities, my family and I have decided to relocate to Si this time. While I anxiously look forward to new challenges and opportu Washington, I will sincerely miss Mendota Heights-- its people, staff mer of course, elected officials. �nager of nber 24, les a 3asa ntain m at :s in �s, and It is hard to believe that six years have gone by since I first arrived in Mendota Heights. From the beginning, the City Council has been extrem ly supportive of my efforts, and together we have successfully addressed a number of major community issues, and have worked to bring about many positi e changes. Since 1990 the population of Mendota Heights has increased 12 percent, and we have added 690 housing units. During the same time, o r total market value has increased by 32 percent. Growth in our business park i as been equally impressive with ten major additions, including Northland Insurance, Primenet Data Systems, Associated Bureaus, Solvay Laboratories, BDS, �nc., General Pump and VGC Corporation. Since 1990, we also successfully completed the implementation oi Bond Referendum. During this time we built three new community parks neighborhood parks and 12 miles of pedestrian trailway. In addition, we renovated 8 existing neighborhood parks. We also constructed an additi� Public Works Facility, repainted the City's 2 million gallon water tower, a through the rebuilding of the Mendota Bridge and adjoining highways. TI all we have consistently provided high quality municipal services to our c have maintained our status as having one of the lowest property tax burc among suburbs in the Twin Cities, and have strengthened the City's over condition. � the Park two new n to the id lived rough it ill fiscal �� As I leave Mendota Heights, I feel fortunate to have had the opportunity to be a part of this community during this period of growth and tran'sformation. The experience I have gained here will assist me greatly as I assume my new duties in Sequim. The City of Sequim recently voted to change its form of government, and I will be their first City Manger. As such I will have the opportunity to design and implement this new government structure-- truly a professional manager's dream. I thank everyone in Mendota Heights for playing a role in preparing me for this challenge. In terms of transition, we have discussed appointing Kevin Batchelder to the position of Interim City Administrator. I wholeheartedly agree with this suggestion and believe that Kevin is the ideal person for the position. I have had the opportunity to work with Kevin for a full six years and know firsthand the skills and talents Kevin possesses. As you already know, Kevin is extremely well organized and is a dedicated worker. As disappointed as I am to leave Mendota Heights, I feel very good about having Kevin assume my position as City Administrator. He will serve the Council, staff and citizens well, I am sure. As noted above, my employment with the City will come to an end at the conclusion of the payroll period ending November 24, 1995. Although I will not be present at the Council meeting scheduled for November 7th, I will be present at the meeting scheduled for November 21 st. Once �out in V1/ashington, I will be happy to take calls from Council or staff members who have questions about any issues still in progress. Again, thank you for six wondertul years as your City Administrator. My wife has already made me promise that we will return to Minnesota at least once each year to visit old friends. During each trip, a stop at City Hall will definitely be on the itinerary. LIST OF CONTRACTORS TO BE APPROVED BY CITY. Geaeral Coatractor License Pump & Meter Service, Inc. Gas Piping Coatractor License Air Conditioning Associates, Inc. CSH Enterprises Capital City Heating SYAC Coutractor License Air Conditioning Associatea, Inc. Air Flow Systems Inc. Captial City Heating Centraire, Inc. �xcavatiag Coatractor License Dick's Excavating Slater Excavating LandscavejTree Removal Contractor Green Acres Nurseries •h' b�> �f .i' t'v�.�,� �� •"� :..ti�j{.«:'.,C;<•.. 1'... ♦ � �tsr�� w7(�u �,r, :�:'4 f 'v'f.:P�. `�', ' � '• . l2 ' CY S� s }i•?�.,i} 9:( . s,_ :,,5•". �; �i,4�y;?��:c.• ,''��',°ic"F::i: •.y• ��4i•„ • '?y'yy'' S'�. �r}i=�'�:` , • i ..: ',<.n � L'�� ;2� ; _ , J. �:f.�. 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J�V�JV 7J 4w1d1111'-.� L.4`� r'cigE 4 � � Fri F�i� ' Cfty of Yendota tit� � . ' ' . � . �..� ;emp Check Ivurriaer 1�$ � 'Cemp. �� ' . C;-��c�t • ti ,� �..� i�urnuer Venciar I�art�e .. �, �iccaunt C�c�� Cc{rnrsi�otts r`•:ritac�r{t � .. � , i3 Copy Dupiicating �r,oGu��ts rai-43¢�5-7�fl-5� acL- capi�s 8.v:�4 __ � ---- � f? i6 . 8»,Q�4• � Tc��ai5 Tetna 4'�'�LC�t tvumber :c3 � ;r.t�ir�;� C�eu:K i�ti�m!:�Er .j , . i 3 CaurGtac. Cerix�r 4}i-43JJ+c�-'e"��.it1-,::�.t su;.y5 : �. 7u.+ '� .t 7 • • .�... 1�4� � . �i�f.E#.:v 1�"'«1:� l.:lel�K P4urroC�er ,17 � i...i i esn;� �hEcie. ;�urraaEr 22 � ^c0 Caveraii 01-4335-320-�Z act svr 6Z�.�0 �0 Gaverall 01-4�35-3i�-70 c�et svc 6�.r�u� �;,� �0 Caverail ' 15-4335-350-60 ac�t avc �9.�5 � 2@ C�-.,vera2l �D1^t+�w'SJ'�a�i./.'rJ�J� r�av svc 5.37.3� {,„} B�Ti : ' 3 i 7. .�8 � 3'at�ls Tt�mp C3a�ek" t�furaber 20 , �. t„� Temp CM�ck h!umber 21 � ��1 Caunty �ecoroer V OJ"'=!u�'OJ'-SQ�S—�.S sept svc i9�5Z� � 4 GI .. 1�� Ji:+ Tc�t�2s Temp C�eck �urnqer 21 � ( ;} . - . . . ?erop Check ►vurniter c� r�• • � i.,,k �'C' �.`Y'�W'�Oi^Ci Ti001^ . tri�"`lt3.3,r3�Qt�Li(!j'—Q1QI rpr5 �i7F3. GJ 2� Cr�wfard Daor 01-4335-3i0-50 rprs 3i•�� c�c� Crawford I1oor � P,1-4335-310-7� rprs 3i.65 � � GrawFord Daar i5-4335-3i0-50 rp�^s si«70 � ' gg . ' � 283.25 � � 7ata2s Temp Check Number , 22 � � T�*rnp Check Number 23 , � � ,' 23 Crysieel Dist 01--4330-490-�@ rprs 1,104.94 _ �} . �3 1 � 104. 94 � . 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Comme'rri:s Arn�ti�int ' � c3 B�icc�ta �our�ty i,wy Dep•t�'� �0i-4G11"�}G��JL'i � • -- � city st�ar� »sp :'2�.36 2.C.� ------ � �„t � "G�ta.s 7er,�� C:�ecLc Numaer �g cc�. ;& rNlty'3 '."..f1E?C:i i4UihJ(?Y' . CC. • � �b .;a;aes �anit:s[�r� c• . ,- � �� 1��.J—'h•4 a J—a tG�.J�' 3.7 � .. , rYC�V a� 1C�W . . � L^' ti i i:U, vc�: YJ "C�tH:cS T�fR�J i.:itECK i�uf�DE'1^ c6 � �i�.+i,�K� , �em� Check ;Vurnber �7 � 27 Dermis Deim��nt �ti-44i5-Q�c0-20 Q �.� -- nov ai low „�_ �� • c7 >^ ------ Tui;als iem�, Check'"Iv�.�rnber �� j��;,�;�� :°�? Temp Check Nuriiber �g 28 Doddway Frarne Aligr� �i-4330-44�d-20 � � - rprs • �8 45. �c � . iotals TerAp Ci�erk hurnber c8 45 2� Q +.:.% ` Ter�p ChEck Number 29 _ � `• ti , • .29 cgan Co • 29 cgavi Co ei-lcl�tl splys __ k�l-i210 splys c37. 9P'i Q 235. �,7 .. 58 , " ------ Fc+tals Temp Cheek IVurnber c^9 'iib.37 (� � , Temp Check Number 30 r::. 3@ First Impressions 0k-4268-65@-10 � '�•�� 30 First Impressions 01-4268-650-85 fall nl 1,018.70 • . 30 First Impressians 15-4268-650-60 fali nl i16.&0 (� �, , 30 First Impressions fall nl �90.�5 '� ' --- ' 21-4268-650-@0 fall nI 292.mQt • �x� . i 20 -------- i�j ` 7otals Temp Check hiumber 3p 1��i7,g� � Temp Check Number �1 '•••�� 31 Fartis benefits Ins Co 01-4132-031-30 , . nav prem 163,4Q� U � " 31 � ------ - TGtcZ15 Temp Check Number 31 163.40 . Temp Check Nurnber �2 � � .� _ . �ws.e.� : �• "v • `' _ "�.•x <''. •.i.�.t ;'Y - `. ... . , �r'11'R�wsrs • � M � ' • . 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G.`.i iai:�is "r•_�r�n �°•�ec�c ti�.cni5e� ,a� � Temp CherK I�i�rn�er� �„ � 33 3raia:n Y,��o R'er•esa Gar:c�c� cr�;-�N:,,,.-k1;'�7-�=y, :.i -- r�c�v ar�e;n c�vr'•,o�:c ��. raS . .S J'ri �'��_ � � 7.�� OJ 7c�ta�s ��rnp �i�ecK F�urn�Er ,�s '•...? 7emp Check Ivurnoer 34 ' ' ' � � {,.� 34 Group fiealth Inc a5-423i-10.�,-;5 nov prern kuii�nCer i6Q�.3;, . . 34 ------ . . . � Tc�t� is Ternp ChecK �urnber 3y. 3 fi�a. 3� �� Temp Check Numper 3S .� 35 Green:eaf Tree Svc @i-4Sa0-050-5E re blvo trees �g9.j: � � 35 �,� 559.13 7atals Temp Check'.humber 3g � Temp Check Ivun7ber 36 {„�} . {� 36 Fi�rrnan 6iass 01-433�+-46a-30 ror�s i24.85 '....� 36 ------ ; Tat�ls Temp Check �umber 36 :24.85 � � Temp Check Nurnber 37 � • 37 Fldwe Hank 15-4305-060-60 � discount 4.54cr• �� 37 hidwe Hank i5-43�75-060-60 splys i7.64 Q .," 37 Hdwe Fiank 15-4305-060-60 sp2ys 12'. 74 , 3� F{dwe Hank 15-4305-06@-60 splys i8.e0 • ,�' 148 ----- ��7 43.84 Totais Temp Check iVumber 3� - .� Temp Check Number 38 � '�� " 38 Hennepin 7echnicai Callege 0f-44@N-Q3Q�-30 trng 12c�.30 [� 38 ' . i 2�. 30 � Tatals T�mp Check tVumber 38 : � Temp Check IVurnber 39 - . .% �..� �5.�.:''.:�.ti�fei?: .�.:.F;';,�`:,��.d..' ?,:.:�.:�.,._... � vr'-ra"...�,�i.. ��. �::�'7..•u.',S:�Y.41+,.�Y.'�.,��•t••,�� =i".+;:..•:ri�ihr �ti- 1 '^.✓,. .:�• . , • . � �.'Iw4f3'RRR�RIRI� --.. . ' ' . , • . �� . , • . .... • ��„�v Li011L� L1'"J4 Ydt��. L� I � � Fri 5f 1�M . City of Nen�ata 1-ii � Temp Check Ivurnber 3� ' ' � � ; �'era�. �� C:�eck ' � ' '` {..•� �uraber Vertc�*r� i�:arrte ., „ �ecaur,s Cac�e �c�mmez•�i:s �;ri��ur•r� ' � �'� � 3� i:�.tsnik Meai:s . �01-4v'a'0-07W-��, L•�:�rrFir� .::,4. bx C, __ r ____.__ , +�3 .. ,3 . �;.:r4. la�Zt � �c�tais T�rno Ch�c:� ��urnner �,'3 � ' � T�rn,� �:.i�e:cit C3�_tmuE�^ 4�u , �_ • 1+� . G 5 Y�i-4.S:�i1-4SU- .�t r'��'S :�u.?=a � • , , � 4'V.i ?: G S F:-433f1:-4S�i-w�l • • r��:;. :r,i;��n ,�7. E�:: 4Q� i tl S �2:-4332i-4Si��-�� t}�av rr�cn c`�.8+'.� �.i '•�:.` ' 4k1 I CI $ 62^^�i3a1-45�-i+c1 r'i�v t�:::CrF c:i. c�i+ ... •• `` k� T D 5 ?J�-4�a�^-49�-IS nc�v rirCc:r•� :k�7• o� 4� T. 0 8 i5--+,:;�.�-4-.nr�-�+Z r�ov rti;,i_r� ?.`�i, 6� �:�? k0 : G 8 0:-433�-4oc�-3t� nGv rn�icr� 'c5. &v� � 4Q1 Z p 8 0:--4330-445-40 r�uv m�icn ��.3i 4fD F O 5 �:-430FLs-08�h-£i�t Yrov rntcn 4�.25 � kQi I O 5 4�i�-44S0-.m9-09 nov rntcn 43» E5 � 4tZi$ 4%y:. i� � � iatais Temp Check,�umber G0 �Tecnp Ch�ek Vurnber 4i Q i 41 I�sterst�ie Diesel tdi-433G-49�t-StA parts 3'7.55 \� ji I ' u�'' %. J J `�+ TcYtals Ten4p Check ivucnber 4f _ � Ternp Ghectt itilurnber 42 � , 42 K C Z Canst ruct ian 09-4460-0��-�0 ra werrCw�r•tM p�rk 5, 5�+5�V�� ;;� -- �Y�L .J� .r3Mi:i. 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Vumber- VendCr ;��riie � ;, pccc,ur^r� Cod� COmF��en�t� , Hinc��,��i: ' . ..Y 45 ie•�a�aa� Krrutn ui -�7-44i�-7i�l-�•w exp r•ei�na 4c.:,a � . 45 Tt�arr.a� ;�;�ui:h � c;'7-44i�-7i6-0a exp reirn� . u; � �ti5 T:10fi1d5 tiriuth GI'—Y�+l�—%1S"`IZ1�D er.a r•eim� � 'rZ,. %i i 45 i:tarna� :;r�utis W?-=r4i5-7x7-�� txo rezr�i:� ' ' », �.8 � k,:� iilCt�tldS Kr�u�'t'� GS-4�r:J�1L�JJ^'iJ nuv ailw��c x{�,��.5 �, 2 r � , :7�. �':� . "c�La;s '."r�rr��; C:r�»cx i.:vi��cr 4� ' °,.?1 :�kitdi;] t±it4.Cil �CUsit:9�r• 4G , :� 46 Y.ober =xc G;%�H�fO��-7:c7-�� pyrnv i xvy •fa:ls !;te ik�3�,::47.8c'3 .. ��5 Kc+�er• �xc ,'-_'7-4�r6v�-723--��J ;:,ymw ? �warosr_,rrs cr�u _6;�,EtSo_io � 9^c 173ti�44.04 � iota.� ?emp G�eck t�umber, 46 � Temp Ch�ck Nurnber 4? :' 47 L: L� u�i-2�t17S , , r�ov t3ue� 304. t2+�t • •�} 47 364. tC� �,.? Tcata:s Ternp Cieck :vurnher �7 r . .. .. (� Temp Check Ivurnber 4& � � 48 t� M C 2 T 01-207k nav prern 49E�.58 48 :.. M L' i� Q:-4f31-Oc@-e0 riav pr�rn 6:.7. W� �' g� isil4,ii � ..,� • Totai� 'femp Check Nurnber• 48 Q '�.J � 4 Temp Cheek Rtamber .� 49. �, 49 M ihomas L�well 02-4415-#I0-i¢� nav aliaw 2?5.@2� � A9 ' � • 175.00 � �� Tatais Temp Gheck lUumber 49 ,� Temp Check Number 5@ ' � �' S�h League Mn Cities ID1-4490-Y�50--�0 cities bu2letir� 3�d.00 _. � �0 � 30.0@ �'� _: iat�i� Temo Gheck tl`•Gmber 4 .r� 7emp Check Number 51 _ , _ t,,,) 51 Lir�coln Benef it 01-�C074 nov prem 40. Q�0 � 51 lincoln Hen�fit 01-413k-020--20 nav prem �87,f1 ' � .� � .. �.. . .�. .. ,� . J+r s.::fc4rv•:i'' ,� �. . K`. . � . ��,i,^�,. 4.�"�",'9 +T�`J.Cs . � J• �..^q+'y �.•S.7F • . �'�4-x .J�A . . , `.a.'.,'�' � . ' .. ' . �' . aa . _' r. ._ ..:{ �. . . ` �. � ..ic��ii�5 �i5� . •rayE •� � �...' FriV v6� �M City c�f Mendota i;� s ' ', . Temp Check Nurnber 51. ' ' � 1�� ' � ;'ernp. 1f � C�,cc.c • , � f \ur��ber V�nG�r var�ie ., „ Accou�rt G��r,'E Cc�mrne��ts Grnc��_ir�b ' � � , �. h� • :Ji �:r�cU.ri ner�e�.t !' •O,�C��iA.bA�S:O-lftl r'ic�v prc-u� i�3_i�7 ' � -_- ' wJJ -„ � `JOJ� �. . � Tc�ta.s iemo Cneck ?vum�er 5: • � � 7t?_u:j:J i_::•n?Ci[ :�•ll�n:�l.r� �c , .ic ;relC tisUr:Bl"� �i::—�+JJ�.�—� =i�—�i�1 p�r�GS ;b:..�.. " 5�� h':dc �.'uEetn ��i-4:y3tit-•4�e�-.',�1 p:ar•i:� 'i.=1. : . . �_' ^iar_ "utueen Gi :-433'v?-4 ak�-Sr7 r^c t: ur•n '� 3. : �.r.•r� --- . �------- � ��o 1 JO. � �:l .,��i;a.� i etn� C,•�ec•K :�umbNr 5c . Q �emp Check. nia:nuer 53 . . � ' � � •� 5� Maier S�ewart & Rssac 37-433�1-k7�-��c't re water t��wer 5, 7:3, 6G • .`i3 5� 7�.3. 66 � .. Totais Temp Cr�eck lumber 53 ..� Temp Check I�iurnber 54 • . Q 54 m A Associates , @6-4335-Q��lO-Qia ice rne:t 155.2: �.:F .��F , 1 JJ C.0 � ,Tata15 7em^ Check`humber 54 _ •' ' 7emp Check iVurnber ` 55 Q . 55�M A U M A 0:-4404-i10-10 dues 32_@0 Q ss ��. a�, � Tat�ls Ternp Cheric Nurnber 55 � � � 'iemp Check Number 56 {..� 56 Mac Warehouse 01-430i-�t3@-30 upgrade 192. �dc� � , 56 i 92. Q�0 • �_ Totais Temp Check Nurnber 56 � � Temp Check Number 57 � _. � �i 57 Mi ke Macz ko @1-441@-m70-70 �� +-b-i-ag-a-i�ew ,'�. +,..' . 57 i90. Q�0 � Tatals Temp Check lVumber 57 � Temp Check Nurnber 58 Q� , 58 E�ed Centers H P 01-2074 nov prern 2, 5'36. 34 .. �=� �i.� . .. 4' .. .. ' s . ,r:W�. . •� , : ii � � . . . . . . .h�F•^ , ♦ ... . .. � �..Ivr� .. �., . • . � , • . .i . t . � . " - �" y. • . 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SIJ �" �cr�ais T�utp iJ1eC:c y:um�er• 50 ... 7emp ChECei tiurnoer 59 � 59 D7etra Saies 41i-43�k'�=�1c�Z-21� spiys :�7. &^c i�� -- ------ � s� .�r.�� Tai:a:s 7emp Cr�eck hum5er 59 � 7emp Check iVurnber 6Q� �..} 64� Metra Was�e Controi 15-444S-�o0-60 nc�v svc 74, 35c^. �2� Q � ' 60 I+'letra I�faste Contrul i7-3S7S r�ov svc 2, 7�6. E�Ccr LY 1�0 . . �1�JJO.Q� � Totals Ternp Citeck Number 60 _ �� Ternp Chpck lvurn�er 62 " " n 61 Midwest Liusiness Products 0]-4300-1:0-10 solys 2,c^0 ' 1..: 62 YiGwest Business Pracucts 05-436a-iP,5-15 spiys 39.:� � 61 Miawest Susiness �roducts 05-43@0-105-15 spiys 22.85 6I I+iidwest Busir�ess Products 05-43e0-i05-i5 splys i6.61 �. 6,1 Midwest Husiness Products 05-43@0-105-15 splys 5.3� � 61 Midwest Busittess Products 05-43P0-105-18 splys 4.57 � 366 • '30.72 � Totals Temp Check Numher � 6i ' • - , �.') Ternp Check Number 62 �.� � 62 Midwest Photo Svc 01-43@5-0z0-20 oct svc 14i.93 J � ; -- ------ �.) ' 62 . . otals Temp Check tVumber 52 � �..) Temp Check Number 63 � 63 Minn Dept of Reverrue 01-4490-@50-50 iicense renewal 25.00 � ' 63 25. Q�0 �:� Totalg Temp Check Number 63 � �� .`,J`'.`h .: ..�, �.`�. ' � ;'qi�° 'hi,�w �y �s:.>, :! - , _ 'o :'r'�„'+.'a +". , .'�. "."i .... ir � � .r','. , -w . .�, � . ....� • � • . . ` . � . .. . . . � ""� .. •.};t.::."fi:'', ....��.:�.?:.'ts:-.,. '2.4: . . , . K,i.._. ..��'y"�;,+%sF t:. . , :�.' . - , •. - -- .. c�. ��io �. a., ra�C i a � �t� FriyYS^ �M , Ci��y ofJi�entiota i;c s Temp Check IVumber ' 6�t, � � ' l'emp. � Check . , � .c � �:'.i' Num�ser Verrcar Nar�te . �, �+ecour�t Cude L'r_,,nn:er�rts � r;maunt ` _ � 64 Yi.rm Mutual i.ife Ir�s '.''� -�;:�--�v�74 r�av ur�rn 2u�o; ,.� � �.�.� 64 ir3MY1 Srutuai Lif� at',s �i�413:�-i:�-iQ� t�sJv �rr�etn 7.c� i 64 Minn rutua: �ire ins ' 0:-4i31-0c�u-c�3 n�7v ur^�m c5. ;�.� � -6� �iirrr� �:�.ituai Life Ir�s � �C��-413i-Q7Q-7�. riav pre�n !�`'��k7 � �,".'_'ib , :' �+�.. 7�: :'a{:�ls Tera�p C^;eci� Stit�xmbe�^ 64 : "'s ' � � � ... Terc�p Cn�ck N�un,�er� 65 �....� 65 Mirm�scyLa Ber�efit Assn k�i-c�74 r7uv pr�ra� �ri:4.k., � 6..r.'i ({:nn�so'ta Ser�efit �issn �i-jsi.s;-f I�-i�D nav prem ��. b= 65 Yir�r�esc�ta fser�efi� Rssrs �.-4.3�-�t��-cs�= �jc=v pr^em 37a.47 �� 65 Mir�nesata Henefit Assn 0:-4131-�15�i-50 nav prern �F4.�:', � 65 i+�innesc�ta Berief it Rs�n gi-4i3i-070-7G7 nc+v pr�rn 237. F3 65 �linr�esata Ber�efit Rssrt 05-413i-l2S-1� r�vv precn 53.:,3 � � 65 i�irrnesc��a �er�ef it Rssn I5-4I31--�Co@-60 nc�v prern 45. �i 455 i} 3e'�i. 6Ei � �:% Tota2s l"emp �.herk hlumner 65 - � Temp Check ftiurnoer 66 � 66 Minn S�ate Fir^e Dept Rss� @5--4404-�34�-3� du�s i6�L• L�0 � 66 260. ¢��u � Tr�tais Temp Ghec#c Number £s6 _ � 7ernp Ch�ek M1'um5er 67 � � • 67 Mir�nesuC� Conway 0i-43fG5-@3P-30 splys i44^�8 p �:� ^- . 67 " i44. :8 � 7atals Ternp Chec{t�IVumber 67 � � ,�_ . . . � Temp Check_ Nurnber 68 � , 68 Mfnn Turf Ga»F , 0i-4400-r�7@-7¢� regr 36�c.00 � ' �$ 36Q,@0 � � � Tcatals iemp Gheck Nureber 68 � Temp Check Aiurnber . B9 � � 69 Multimedia Publ t31-444J�-i10-i0 �e.�ewa-1 � ' '� �': 69 I4. 97 � Totals Temp Check tVumber 69 ' � Temp Crieck Nurnber 7@ " � � 70 Neenah �c�unory 15-433Q�-49@-5t� grate 86.c7 � -- _____ �� {.. ;�S•..;r•�R:�;�=, • ,..�..� . . ':�':-:��,,:,:.:� . ;�, `�: ' . . . ;..;,. .�,. � . . . _. . , . .. . , . . . .. . . . � J. _ . . ..u.....�... �__�.....�� .�. aa _ . �. . . .. . . . . . .. v. .. .. - . ^� .,uv A 1.ACt111l7 �ia� r•ag� ��- � �.J Frt 6 �i+i ' City oP Piencic+ta H� s � 7emp Ctreck nlumaer 70t � ` � � i ec�tp. �� :.��ecic . , � .r . � �...� tiilNM'JE!Y' Vr�YtCn7' i�d(tiE' ,. {tiCQuttfit t�tetlr_ ' CCtAiteieri`vS (�:��u..rc:. _. �� . "7Pi ��1 � • 6c, c7 � ' • Fau��s Tetts:.i C:recit :si�S��er 7�i ' � 7ernp C';�c•�cie. �,i+.m�per• '7i � � �-,. .-.�� ,;,:•_ ��,: i: 1ekbE?:1 C•�i�zw . , �i-4 0�-444:�-��'.. r•.:�r`s 7� i��xi:r-..' Cc,u�tt, �ri-wu��l-ts=:ir-�'��t r ;.�r'•s , :'� "•, �;. , � "7i ?-txte:� uorism �4'w"YJJ4i��f34}—�[J r��r�� ,•o��:"�_ i�.�a3 , . L��:.r..+ ..*{.� � � • "'1'�'ri:'.:. ��2iY1.,'"i. ir:'t4.-"'CK �:USCk{.l"t.^'f' %: �:�tt1p �:�tECY. '.�iu(rautr t� e� ; �.� i _7 � 7^c �e:scm R�aic� Cornro P,7-433'u'.+-0�3t2-�k� nc�v n�icn 6:'.4� �:� 72 nc:. k�� TO'�dti5 ;ernp C;,ec«c tiumber� 7� `,..�,. Temp C:�ecsr. N4unber Ta � 73 f�ard i n: � it^e Eq 'v'?i-4305-�30-3� r�lcng �`+�. 8� � ��} '3 ��'t�. �J r�. Tvt�ls 'iernp Cn�ck" Number 73 � m� �t?mp Ch�ek fVurnoer 7'4 _ � ;74 i�ort:ter» State Power �Zi-4^c12-315-3G3 nu�v svc :�Y,3.5�� . 74 lvartherr� 3{;ate power �Ll-42i2-3i�S-50 rcuv svc iQ,S• a8 . -. 74 ;Vorthern SLate �'ower 0i-42ic-�10-7� • ' n��v �vc ��=+. �� ? 74 i�cYrt t�ern Si: at e Fc+wer :c 5-42 S�-3 i�-bv� nov svc ;�ro. s�� 'i4' Northern 5t�te ��ower O1-A�12-32¢s-70 rrav svc W�- �'� ... �- • ' 74 Narthern State Dower i5-4212-4Z0-6Q nov svc 16:ic �. 74 Norther�n State F'awer� 08-4212-tGQ�0-00 rfav svc i60.3@ � � 74 Northern State Power 01-4211-315-30 nav svc 3'31.65 74 Narthern State �'ower 01-421i-310-5�0 ' nav �vc 1'98.2; :�� 74 Horthern State pawer 0i-42ii-31�-70 nav svc i9$•�i � 74 hforthern State Power 15-4211-31QJ-6Q� nav svc 198.20 .� ,_74 Northerr, 5tate Power 28-4213-0�0-00 n�v svc �_829y67 � � ' 888 ' 2t 467. k i .. .� Tota2s Temp GhecFc iVumber 74 , �� Temp Check ,Nurober 7S r' 75 Northern $tate F'ower 01-4211-300-5tD nc�v �vc 4�6.6� �.� '75 Rot^th�rn State Power �i-4211-42Rf-5QJ nav 5vc 3�;� �$ � 75 Nartt�ern State pawer 02-k22i-32�-7Q� nov svc 14s.03 � � 75 Narthern State F'ower 15-42:1-400-60 nav 5vc 4��-"�8 30Q ' 1�3i6.3i .:i Tatals Ternp Check Nurnber 7� _ �"� � ,�'�J•� ,.'4�; _ �>. ��i;;..y,� #�: , �. •-'�'.. . . _ . ,. . .. . • ' . • , • , , ` . , . . . . . � .t.. 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E�� o�a.s Temo G�E=ck. tiurnopr 7c', . ;' • -1ani;3 �:.h�eck. \tumGer 77 , • , � 77 A�.i�cer^e:=,;. �er�r�e:� Q�:-�}'.=.:.i-a��t1-S�c1 u�'t �•e� .�:;. �.T¢� � _77 Critcr•��'L �teririei5 1:.�•4'c'?,`-7-•�'v',�7r-�l , i:;c'b �:vr. _=',q. _ � .�i4 �� r �� , i:� �_i Ycrha:s "em� C•�e�c:c tiuircoer 7`r T�rnp ChecK R�_unber 78 Q .� 78 Office ,h�x 0i-43aQ�-liO-i� s 1 s �� 78 �ffice �:ax 01-434',Q�-030-30 sp2ys i4. 4�+ (� '78 Offir.e Yax 0i-432rc1-:iQ-i� sply7 6.,�A 78 Office Nax 05-43��0-iG�5-i5 splys :g,p,. .. 78 Office Max 0i-4360-31Q+-i0 s,�lYs o3.89 (� 78 Office i�ax 02-4300-1:0-i0 splys 144.8� r._ 7ti GP'fice rax @1-4600-i10-i�e� splys 4^�E.�k-� .. 78 Office P:�x G,1-4330-45a-lP, spiys 4'?8. i5 Q 78 Office Max 01-43Qc�-i1Q�-10 splys 73,g� ;:.+ 702 i � c�t8. ES • � Totals Temp Check i�;urnber 78 ' ' � �..:�' Ternp Checic IVurnber 7S ••• •• O • 79 QxygEn Service Co .5-4325-0oa-60 Spjys `;�.88 r•` 79 Oxygen Service Ca 01-4355-�+30-30 act thur 9/3@ i3.5�1 Q _'79 Oxygen Service Co 08-4335-000-�10 act thtir S/3H jg, �,� � 237 56.38 � Totals Temp Cheok Number 79 �� Temp Check t�um6er 80 � ,,... � 80 F' C Corn�uting 01-4402-i10-10 renewai i6.94 � ... . 80 ' ----- Q i6.94 ,.., Totals Temp Check Nurnber 80 " i:..' . Q Temo Check Nurntrer R+ r•••. � +�f 81 F' & H Whse 01-433�d-450-50 rprs 857.29 (7 81 857 29 � Totals Temp Check kvumber 81 � , '7emp Check Nurnber B� � � _ �, ' . � � "�.''S.� ..5� S<� •�'{i�'1Y:�.�. r_ � .. n . . � �'Y... •.. , • . . . . . + , t'.� •` . • .. . � • .. • � �. . � � � � 6��L'!' . .f..� .[.i.. • . _ _ _ � _ . .rb � . _._ �.. . . . _ _ . . r1 tYVY + Vlet33fl5 L1�L ��9� 1� � #...} Fri b �M ' City af P�endctta Hc s � Temp Check Nur�rber 82 �► ', . 'er+ip. , whe,'C%t . � � .t ,.. .� . En .. Vtin:�ia_r Gi?r.ec:�r i�aer,e ,. ,. F:cc:4t�Y�t CaCe �.��msnten�s Fmuur�t ,. �,i ' _ b:_ i'e�si Co:a �u . •�cli-4G:�—�7k'1=i� ,:,nn,''it^� ::.'3:�«?� r., . __ f ....__�..._'_ r .. H� G.:.r.Jr t �L� � ';u��:;s Teer.a �.�er.k Vuai�er� L�:' � : "F_.•m;..i t�!'1C-'�c:k ;r.�.iiit«,Ye�•^ 8: , r ' �IJ Y� 1 i!� i�t Y' i\ 1 Yil � fVi FE' �4'�.l �L i"'S•.}�sG"4CtYt� }�l� {"«iF'Sa . a.t. r3 . ' �.�'.r .. � ..�. �7�[i ,^.. "; a'sais Teciap +:.:'tCCK :�it[ii"JE't' c'i„ � � ' ?�tsz� G7�e.c tiurt�aer� 34 r� 84 ��ete F'o�pi�r• & Sar�s O:^^�►JK�C'1"�G1JQ�—J�� tree svc c:i.id�3 (,7 H4 . c5. E+�� 1 iotais Temp C��ck tiumber 84 i?, Temp Ctieck. i�:um�er BS t� 85 Princ:Qe�l 4YlUt:lldi 02—c0%i ' t'cUv pt'Etis iai.c'r' � � 85 Prir�cip�: h�utuax �i-4132-ac�-��Z, r�av prem -'��+• =� 85 r�s^incipa2 #+5utual �i-4i3c^-4�:,�-.�'i� nav pr-em c0. �o �i� Prir�c:pai i�utual 0i-4i32-Q�70-7�? r�4�v �rern 22. c3 � (�} ___ ------ 34Qk _ 3a7.90 � ?ota:s Temp Cypck :�urnber 8S � . Temp Check Number 65 t..} 86 �uS�l ic crn�2 Re�L Assr� 0.-354.:, exc�ss p,_�1 ice st�tte �ic 3, 553. i i � ' 86 3, 55.s. i i � To�ais Temp Check Number 86 � �� Temp Checii iVumber 87 . � , 87 Brad Ragart Inc OJ1-4330-Q90-50 rpr 15. ^c6 87 Brad Ragan Inc 0f-433m-460-30 rprs 8I,51 � �;.� ' 497 $rad Ragart �t1C 0i-43.3II-490-5V'l t^prs i7.'36 . .. •-� � 2�.g • 115.73 ~ � � Totals Temp Gtteck tVumh�t� 87 - emp ec urrs er 88 � � 88 Se�rS •� 01-4305-Q�50-50 splys ' 75.78 � 98 - Y 75.78 � Totals Ternp Check Number 88 • .. " � �.� �r4'4,.r. ^=;' :�+;`_'� -ar�; . .. ,''r•' . z. . �a,.t";' . : i, :E': ',',.z ., . . . • � .. . , . . . .. .� \. �l ' i ��` ..f. - . .. . .r. ... .. . .�. _ _ _ . _ '.. . . �'�'�.Y�.' � . -- - - -'!. . ..��.'-��n' ;fi��'-.. . �.�`'.ii 4.. ..._=i. •x . ...��Y'A� . . . �} rYi1Y t"'J t�iGi3til'3� E�174i ' t�� FrS. . 6 ''M City af �ienciui•a HE s +'ag� i;� � � ?emp Che�k Nun��r 89 - � "f'errip. -' Chec.c . � .• `. � ��unne�- Verr�ar ;��a�a . Hcc�.,�.�rr� Gud�.� L'��nr�;er�;.•� t:,mt.�<<r�i. ' � � $9 .�"-��ai ;�iaster• �� -ur;-4k�:'i:'-i'��^-5� z��::.t`a8i$ iS?-r,,� ' 4 � f��'f r &S :�, �ua � "`c�t,•�,� "eto;, C:ik:!r.k Luai:,er� E�� • � � -Errcp ��"i�ce: i.�.un�e'r S� . . . �z: St:-:�rnict :�iar�:s're tTi-�+:3u.�.a-l:�i-.a:� � , �, • � :> .f i y's . �_w . .. ,� 32 _ ____». {.,:� To��s«s 3ern� C'�eck. C,;uc�c:s�r �;2; .:.. �i Tern�, C.�e�ck iv;�rnaer gI • ,' 1,�;? , � Si Sc:-ierff :nc �^a-42c�;-�Z�Z�-4�v� r•� 2ex rn�r�ie 6fi7, �;r`1 � 3i 687::i'ut �.i Tcrtaia Temp Cr�eck i�umber • 9; �� i emp C',�ck Nurnaer ' 92 {� - � 52 Syamra�K Cleaers 01-441�-F20-��:� se�at cir�g 6S-E,- {� Sc"r 6�. 6 i � Tatals Ternp Check NumSer 92 � Temp Ch�>ek IVurnber 93 _ - � 93 Seven Curners Ace Htlwe P,i-430�-05Q-5+e'� salys 37.i? Q . 93 � 37. i?' ' � 1"otals iernp C"i�ck Nurnber . 93 (� Temp Check Number 94 ' ' �� g4 L E. 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J8 467,450.56 15539 4,712.62 State Capitol C U 19/13 a ro11 � � 15540 221.00 Ninn Dept Revenue 3rd tr use tax 15567 3.525.85 CaTmissioner Revenue 10/27 payroll � q .15568 43,947.11 Payroll a/c �� 15541 � 5. 0 0.• N o l^ t h S t a r9 C h a p te r . i C 8 0 w c/ins�eting 15569-580 1,901.02 Payroll deduction adj 15542 1,136.50' Larry Brid er • �� - �� • 15543 437.08 PE� . , 10/13 payroll - � . . 15544 . g, H 15545 1,051.36 ICMA �� ' • 163,778.68 :..► 15546 995.U0 Minn Ffutual �� • . 15547 225.00_ Great West:L b A �. G.T. 531,229.24 �� 15548. 345.00 Minn State Retirement • �� ► . � 15549 . 266.40 Dakota Caunty .,..: f� 15550. 405.D0 �Dakota �Bank.' �� .15551 3;531'.�43. Commissioner.of Revenae " � 15552 15,646.19 Dakota Bank . �� . '15553 44,281.72 Pajmoll a/c , ' �� Q • 1555� ; •• 535.:0� .Strelchers pd supplies � 15555 513.95 U S Post Office newsletter postage � .15556 4,712.62 State.Capitol C U . 10/27 payroll � 15557' ' � 213.50 Kathleen'Swansorr • �� .15558 . .. 13.54 . PERA � r 15559 8,434.39 " �� ' (� I5560 1;05i:3 . ,. � .15561� 995.00 • Minn Flutual � . ..15552 345.Ofl •Minn State Retirement �� j � . 15563. 225.0� �Great West L�& A• �� • � 15565 ' 405.00 Dakota Bankty �� • 15566 15,550.50 • • ^ • �� • ..� ' • ' - � � 15567 . , , ,. �.� �_,,�' •.��4 n: , •,• ,K�- F�=. ' . `.':�•.• . .. . .. .. •. :•, , ::„•:,. , . . . ,i. . . . .. . . :'ei•it�'.°F`�'a i'�'r;iA.y'.'�e..'� p� �a....7�� x< �v..��.,�. • , , • . i:."'::.Y.'fi 5Y^.: Yr�`:%,.r;,��j'��:;�q..�Y"c::✓5.:•1��•:s' • i . .. .. .. � "_.. . ' . _�_�_--' • • ° • � • , ;•L' :i:.::a ... .. . . . ... .. . � „ . , TO: FROM: CITY OF MENDOTA HEIGHTS MEMO November 2, 1995 � Mayor, City Council and City Adminis Kevin Batchelder, Administrative Assist SUBJECT: CAO 95-05: Stroh - Critical Area Site Plan Review and Critical Area Height� Variance . �� Mr. Bernie Stroh, owner of 1128 Sibley Memorial Highway, appear the Planning Commission for a public hearing about his request for a Criti Site Plan Review and Critical Area Height Variance. Mr. Stroh desires to a single family home within the Critical Area Overlay District. Mr. Stroh i attempting to minimize site impact by designing a house that follows the of the slope. This house design steps up the slope with three stories, th� requiring a Critical Area Heights Variance. (See attached Planner's Repor Applicationj. At the public hearing, a number of neighbors appeared to review th plan. A couple expressed concerns about soil conditions and constructior excavation. The Planning Commission discussed soil borings with Mr. Str agreed to submit some information on soil borings to the City. The Planni Commission discussed revised plans with Mr. Stroh concerning drainage � the driveway, erosion control, tree protection measures and restoration of plantings. Staff has contacted Mr. Stroh and it is hoped that these revised p be submitted in time to be included in your agenda packet. A Critical Ai Plan review requires a public hearing by the City Council and notice has mailed and published. � before �I Area �nstruct �ntours and site �h, who s will Site f ► : • Il ll \ � _ • 1. The Planning Commission voted 4-0 to close the public hearing. The Planning Commission voted 4-0 to recommend that the City Council approve the Critical Area Site Plan and a Critical Area Height Variance, to allow a� three story house, as proposed subject to the following conditions: 1. That additional soil borings, grading and erosion control plans be . submitted for Code Enforcement review. 2. That drainage plans showing the drainage under the driveway be submitted for Code Enforcement review. 3. That a plant restoration plan be submitted for Code Enforcement review. 4. That a snow fence be included on the plans to protect existing trees. ' � 1 : • : � Conduct a public hearing. If the City Council desires to implement the Planning Commission's recommendation, they should pass a motion to approve the Stroh Critical Area Site Plan and a Critical Area Height Variance to allow a three story house, as proposed, with the following conditions: 1. That additional soil borings, grading and erosion control plans be submitted for Code Enforcement review. 2. That drainage plans showing the drainage under the driveway be submitted for Code Enforcement review. 3. That a plant restoration plan be submitted for Code Enforcement review. 4. That a snow fence be included on the plans to protect existing trees. KLB:kkb thereto as are (i) consistent with the requirements unde �' the Rule, (ii) required by the Purchaser of the Bonds, and (ilii) acceptable to the Officers. � 22. General Obliqation Pledge. For the promp full payment of the principal and interest on the Bonds, same respectively become due, the full faith, credit and powers of the City shall be and are hereby irrevocably p If the balance in the Debt Service Account is ever insuf to pay all principal and interest then due on the Bonds other bonds payable therefrom, the deficiency shall be p paid out of any other funds of the City which are availa such purpose, and such other funds may be reimbursed wit: without interest from the Debt Service Account when a su. balance is available therein. , ._ _ . 23. Notice of Call for Redemption: The Clerk hereby authorized and directed to give notice of redempt: First Trust National Association (as agent for, The First National Bank of Saint Paul), in Saint Paul, Minnesota, t paying agent for the Prior Bonds. Said notice shall be � substantially the form attached hereto as Exhibit A. _ and s the axing ��. cient d any mptly e for or icient s to : 24. Prior Bonds: Security. Until retirement of the Prior Bonds, all provisions theretofore made for the sec rity thereof shall_be observed by the City and all of its officers and agents. - , • � ._ : ,25. Certificate of Registration. The Clerk i directed to file a certified copy of this resolution wit County Auditor of Dakota County, Minnesota, together wit other information as he or she shall require, and to obt County Auditor's certificate that the Bonds have been en the County Auditor's Bond Register, that the�tax levy fo Prior Bonds has been cancelled, and that the tax levy re law for the Bonds°has been made. `� . . 26. Records and Certificates. The officers o City are hereby authorized and directed to prepare and f� the Purchaser,�,and to the attorneys approving the legali issuance of the Bonds, certified copies of all proceedin� records of the City relating to the Bonds and to the fin condition and affairs of the City, and such other affida� certificates and information as are required to show the relating to the legality and marketability of the Bonds , same appear from the books and records under their custo� control or as otherwise known to them, and all such cert. copies, .certificates and affidavits, including any heret� furnished; shall be deemed representations of the City a� facts recited therein. 303299.1 �. . 23 ' � (iii) each of the Prior of an issue which was treated � 303299.1 2 4 Bonds was issued as meeting the re hereby the such n the red in the ired by the� nish to of the and cial ts, acts the and ied ore to the s part ate , CITY C3F MENDC)TA HEiGHTS NOTiCE OF HEAR(NG Octaber 18 , 1995 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of Mendota Heights w 8:'i 5 o'clock P.M., or as soon as possibte thereafter, on Tuesday, Navembe in the City Hali Council Chambers, 1101 �ctoria Curve, Mendota Heights, P to cons�der an application from Mr. Bernie Stroh for a Crificai Area Site PI which would atlow the construction of a singte family house onto the described property: West 35 feet af Lot 10 and the East 25 feefi of Lot 11, Beaudette Ad the vacated "O" street adjacent. ' ii�g More particularty, this property is located at fi1'3�5ibtey Memoria! This notice is pursuant to City of Mendota Heights Gritical Area 4vf Ordinance No. 403. Such persons as desire to be heard with referenc� to fo� a Gonditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxi/iary aids for disab/ed persons are avai/ab/e upon request at haurs m advance. If a notice af less than �2A hours is received, t Mendota Heights wi// make every at#empt to provide the aids, hoH may nat be possiGle on shar# notice. Please contact C,ity Administ�at 1850. II meet at 7, 1995, Revievu and hway. District request �ast 120 � City af ver, this � ai 452- Bernie Stroh, P.E. • Consulting Structural Engineers 612/341-9372 Nov. 3, 1995 Attn: Jim Danielson (Mendota Heights) From: Bernie Stroh, P.E. Re: CAO 95-05 Revised site plans. Memo: Transmits 12 additional sets of plans for proposed single family residence. The plans have been modified per the recommendations .� of the Planning Commission. { ► STROHENGINEERING 607 Washington Avenue S. Suite 202 Minneapolis, Minnesota 55415 } j 8 November 3, 1995 � 1' 1��ienda�a Hei � � I Mr. Bernie Strah Stroh Engineering 607 Washington Avenue South, Suite 202 Minneapolis, MN 55415 Dear Mr. S#roh: Your request for a Critj,�,�.! Area Sete Plan ��vieyv_and Critical Area Heiahi wil! be considered by the City Councif at their next regular�y scheduled which wiN be held on T�,t�sfSy�lLQygmber_7. 1995, The Councii meetin� 8:Q0 o'clock P.M. here at Gity Ha[I in tfie Gouncil Chambers. You, ar a repr� should plan o� a�tending the mee�ing in order that your apptication w Council considera�on. . tf you have any questians, please #eel free to con . Sincerely, . .l��s�..�, - Kimberlea K. Blaeser - Senior Secretary � � a :� � meeting, starts at C@C@IV$ me.� , 11Q1 Victoria Curve • 1V�endota Heights; ,1V�N - 55118 = � `. 45 • 185U .: =: � �� 5 .;f,-: , . a. . . _ ' 4 ` ,.' :;i,'.. . i' " . " , ' _ -... �.- . .. ';''~. . . . _. . 'i:' _i. :si�.. • ... , _• _. PLANNIl�TG REPORT DATE: CASE NO: APPLICANT: LOCATION: ACTION REQUESTID: PREPARED BY: ��t•iiu�•iir.��:� n CO(�!SULTINC PLl�f�\ERS LAI�I�SCAPE ARCHiTECTS 30O FIKST AVENUC tJ(�RTH SU1TC �Ill !�1INNEAI'OLIS, MN ii.7U1 fi 12 •.i39•.i.30O PL�ANNING CONSIDERATIONS Background. October 24, 1995 CAO 95-OS Bemard G Stroh 1132 Sibley Memorial H'ighway Critical Area Site Plaa Review and Critical Area. Aeight Variance C. John Uban Mr. Be�nie Stroh owns a bu�dable lot at 1132 S�ley Memorial H'ighway aad is applying for Critical Area. Site Plan Review in order to constxuct a siqgle f�y house ia this locatioa The lot was created through a subdivisioa which was approved ia 1988 (Case 88-02). The Critical Area Ordinaace also controis Height of Struchue by limiting reside�tial shucaues to two stories and commeraal �to four stories. The applicant is attempting to minimize site imPacts bY .stacldng the traditional elemeats of a home to step up the sloping terrain. The applicant's de,scxiption of the proposed home is two stories of living area above a'basement which then has a garage tuck�ed undenn�ath it. Tbis creates a bw'lding proSle that is iateipreted as at least three stories with a froat walk-out condition The Critical Area Overlay Ordinac�ce deSnes tl� bluff line.as bang at the top of the 40 percent slope. This property is actually below that slope and.well beyoad th:e separatioa of 40 feet from the defined bluffline. Additionally, I.�ydale aparlmeat complexes which form the visual bluffodge ia this area, are on ths north side ofI�i�ghvvay 13. The proposed build'uig is about 30 feet below the homes to the south an�d aboui 10 fee� above the elevatioa of A'ighway 13. The site has slopes of 12 to 40 pe,raent with the 40 percent slopes at the rear of the site left ia aa undist�ubed condition. , Mr. Stroh proposes to excav�te only that portioa of the site where the house fouadation is proposed with minimal tree removal as shown on the Site Plan Mr. Stroh is proposing to use an existing ti Octaber 24, 1995 CAO 9S-0S bituminous driveway that serves his neighbors property acxoss his front yard. The indicated to staff that he has possessioa of aa easement to use this e�asting driveway. is an ex�ing driveway, there will be no need for a curb cut approvat by the State''or f permit issued by City staf� � Page 2 �plicant has �ecause this a dr�veway No actual grad'u�g was shown oa the site where the intentian is to build the home into the existing topography. The devetopment of the driveway may require same retaining wall work. 'th heights of fowr feet or less. The subnut#ed ptans show the prese�ve� trees and tapagraphy on the site as well as elev proposed bu�dings. The building arclut�cture has a rnodern des�ign with a Sat roof and prima�y e�erior materi.al. A public hearing wiil be nec�;sary for ihe Plaunniag Commissian due to the fact ihat feet of art is occuming oa the properiy aad a variance is required. City staffwill p notice for itus public hearing. Site Pt�n Review. The home �s desigaed io step into the hili, cxe��ting a minimat amowrt of g�rading and the site. Some ofthe structute is set on p�ia,gs to nunimi�.e site disturbance for bas� aod e�avatian. Bec�u.�e aft% desct� of ti� owaer to minimiz� site disturbances, the . building ia#o the site requires a Variance for Height of Struc�. ofthe � as its tlian five and mail bance to footings u� ofthe Bec�use ofminimal Prc+Posed gradin�, eausting site drainage w�l be maintain,�d vvith entering ths d'rt� along ��ighway' 13. The pla�s shauld deta�, haw �r is canried arovnd the side of • the b�w'lciing and the edges of the home� .and where the roof drnins w�l discharge so that osion wiil not be a prob%m. � RTe bavre observed that ihe site may be difficult to build on and carefut cansideratian of donstruction techniques neod to be add�nassed. 'T!� storagc of cosashuction iquipmexrt mnd . ' on the site us we2t as +rro�ion coatral methods shouid bc furth�r defiaed by the applicaat. The p� pre.sently shows a s�t feace crossing thc cxisting driveway which pr�vides access to the acljacent � me. The issue of access and `constcuciion ctisruptiaa needs to be ctarified. 1 Soil boring infor�mation was pmvided;�bnt na gene�ral soil inforniatioa was delineated which would indic�ted the patential for cc,,rtain classes of soil to erode. The boribgs ind suppart for a resi�deatia,t structure. � � ; The views to the s�cuct�une from adjacent' propearrties are pnmacily &om the hame to the v L�ydale Condominiums on the north side of H"ighwa,y 13. The single ffaam�mily homes local t%e site on top ofthe bluffwiil have some fiit�ered views to a strucaue same 30 or 44 feet 1 pla�cement af the stiuc�.ure will not impair any significant views af a�ss�ing stxudures � �n the plan �te ampte � �t and the �1 sauih af �ow The i the area. O`ctober 24, 1995 C,�40 95-05 . Page 3 Atthough the proposed home as designed daes not have the typical singie famity roof-Iines, it daes have a cor��pazable apnearance and st�de with the variety of condominium buildings in Lilydale. This structure appearance can be viewed as transitionai-whiie designed to minimize site impacts. The Landscape Plaa was not speafic elccept for the prese�cvation of the existing graund cover outside the construc.tion zone. It would be impartaat to delineate the actual const�uction zone on the Plan and require a snow fence to be consaucted at the outer limits to pro#ect the area thraaghout consaudion Additianally, the owner has propased some restamtion landscaping af%r �anstsuc�ian is camplete, but no specifics were given Heig6t Vstriance. Section 2.Si of the Critical Area Ordinanr.,e limits residential dev�lopment to two stories. The �FPlica�rt has shown mea�eats of bu�ding haght on the front of the b�ding wivah indicate� by averaging the ground elevaxioa in the fro� of the buildiag that the c�verall height is wnd� 25 fee,�. The 25 foot height reqciuemeat is me�tted at th� frant of the home but #he rear af #he home is generally allowed to have a walk-out conditioa The back partioa af the proposed home actually a�dds an additionai stary ta the ov�raii st�ur,ture in order to s%p up the slope, �he stiuc�re cau be viewed as two halves of a buildiag that are split in half wiith the back side stepped up the h�71. With tius in��ation, the measur�snent of the s#�ucxure on the front wuutd anly go to the carnic$ of the flat raof at the imn�adiate fro�rt edge of tbe h�se. If the ta�l height of the iwilding from front to rear would be measured, an a+ddi�xana110 feet of �esg�rt wouki be �ided A�Sc�, by viewing #he hon�e from the fioirt an�d ei�er sid�, it cUstinc�iy has a three-pius�-story app�eac•Ance. The liome actuauy has faur elevations, an+� for a t�ick�nd� ga��gey one is tuc,k�d som�ew�hat inta the slope and two iev�ts ar,e_to be built oa top., �The stePp"wg of the stcuc�� an�id its' compactness c�ate the condition winch naressitates this request for variance. Section 5.4 a€ the Critical Area Ovearlay Clydinance has speafic canditions tu be applied when conside�iag v� to the C�ritical Are,a Oniinanoe. Are the cot�iitions eaus'ing the hRcdship unique to the property? This property is stoping and wooded and the overali goal of the Criticai Area o►rdinanoe is to xrwumirx tl� impact on the natural systea�s aad pre.�re►e the natural charaater of tb:e river comidor. The standards of the Cis�3inance and tha goals expr�ssed creatc a con8ict for thi,s partiailaz progeriy. � Is the variance necessary for the applicant to e,njoy xights eajoyed by other property owners ia the same area? The de.�ire to nunimize the i.mpact to the natural suiroundings has a�eated this unique desiga solutien. I'f the home were spread out over more of the property with much more grading and Ioss af vegetation, tha,a a mare typical home couid be constxucted that wauld not be stepped as is proposed, The variance �here is a choice between. meeting the technical height staadards, versus preserving the nafz�ral environs oftbe site. � Is the granting of the vacisnr.e contracy to public interest or damag%ag to the right� of other persons or property values in the neighborhood? Certainly property values will not be aff�. by this Ociober 24, 1995 C'AO 9S-0S sttucriue, and the rights of other home awners will not be impaired. The agreements ar' the common driveway may be a matt�r between the twa f�andowners regardle�ss of variance or design of the home. T"he public interest in tlus area. is to preserve as much a� condition as possible for the enjayment of the river corridor. The proposed home as; attempting to maximize that public interest. Will the granting of the variance be contrary to the mana.gement policies of the Criti additional n�anagement respansisibilities or impacts would be caused by this graposed rTo variance shoutd be granted simply because there are no object�ians, or�because thos� object out number those who do, nor for any other reason othe,r than a proven hardst has not yet received at�y objectians, but the burdea of a hardsbip may nat exis� since could be desigaed to spread out over the site, minimiang the nced for the stepping d need for a Height Variance. T'his a1#ernative, however, wa�d disturb a s�gaficantty Z of the site, The City has had more obj�ctions ia this area over site grading than an ha F'inanaal gaia or loss by the applicant is not ta be interps�ted as an unuecessary clEaim has beea made either way by the applicant. Are the conditions which resrzlt in the requested variance created by the applicanNs des The applicant has the burden of proof for shawiag that no oth�er reasonable deSign sa Here, what is reasanable in on� person's intapretatian, may not be reasanable to t Cleaily other solutions exis� but the impac�t to the nariirnl area would be ,gneater. ' Comtnission shautd review Rnth the applic�'s the reasans for his design solu�ioq a whether or not there is aa oveaxidiag public beaefit ia pr�serviag the ma,joriiy of the proptased structure. � Actian. Review the Critical Area Site Plaun and Critical Area Struc�ue Height Variaace of story aad a�ake a recommeac�ation to the City Caunc�. - Page 4 ', the use of �y specific the natural esigned, is Area? No ho do not The City structure � aad the x partion design. No such � solutioa? ion exists. aPplicant. ; Plamning deie�miae a with tbe additional Bernie Stroh, RE. ,;,, Octaber 3, I995 Consulting Structural Engineers 612/341 •9372 : City of Mendota Iieight� City HaI2 1141 Victoria Curve Mendota Fieights, MN 551I8 Re. AFPLICATZ4N FOR SITE PI,AN APPRflVAL FOR SINGLE FAMTLY DWELLING PER CRITICAL AR�A 4VERLAY DTSTRICT ORDINANCE ATTENTION: PLANNING COMMISSION AND/OR CITY GOUNCIL � S'�R{�HENGINEERtNG 607 Washington Auenue S. Suite 202 Minneapolis, Minneso#a . 55415 As per the �eneral Provisians c�f the Critical Area Overlay Distric� Ordinance {No. �43}, a site gZan application for a single family dwella.ng is hereby submitted for formal review and agpraval. Twenty {24) sets ot doeuments including origina3 lot survey, new site plan and proposed development are attached. A certificate of abstract listing property owners within 350 ft. af subject praperty is also attached. Applicatian fee of $100 also e�closed. A site plan approval is reguested for a new single family dwelling to be canstructed and owner a�cupi.ed at: 1132 Sibley Memorial T3ighway Mendota Heights, MN Legal Description: WEST 35 FT. OF LOT 10 AND THE EAST 25 FT. OF LOT 11, BEAUDETTE ADDITION AND THE VACATED "Q" STREET ADJACENT. Sincerely, Berna.e S�roh . 10/10/95 11:05 FA7C 812 452 8940 . . . ,h • � Case Ho. CAO � �" CITY OF HENDOTA HEIGHTS Dakota Cvunty, Minnesota �� APPY�ICATION FO�t CONSiD�RATIQN OF CRI�xCAL ARFA DEV��I,OPMENT (Ordinance N0. 403) . Date v� App].ic�tti�.ou I�'~ �'ee Paid � Rec.�ipt N�e I 14ENDOTA HEIGHTS Applicant : STROH BERNARD Name : G. Address �ast 50 4th_.Ave. N, #37��5� Mpls�: I�dN 55401 Number & Stzeet . City �hone : 3�5-1339 341-9372 Hame Qor1 O�aaer : S��OH BERNARD Name : Last Fia�st Addreas i 50 4th Ave. N, #�37A M Aumb�x 6 Street City 3treet Locatioa of Property ia Quastion: APPROX. 1132 — 1134 SIDBLEY MEMORIAL H: State . . ...... r__ .... . 4 .. � .Y �eg�.i. Dascript3,vn of Pzoparty: BEAUDETTE ADDITION: West 35 ft. of Lot 10, East 25 ft. : a �-� • Lot 11 & Vacant '"0" STREET ADJACENT ) � '�• I , - . . . . .. . Ty.p�e of �Request: , � V�ris►nce � X Site �lan Approval � ` Modified Site Plaa Approv .�_. : � . :... . ..: �..._._ '� � :t' -_;_: .� . �.t .. w... .... .�. .�.. . _. . � �."_'_ ' . . _.�+�.�.a_ .. ��.�.� _.._...�_.� . �.. _ ... '. . . . ry �.. �,�T . .. . .� . '_ .�.�. ... �...... �..... �_. .... -..- _..._. .. _. _t.. L_'.��. _ r . . ._.. ..._��.......��r .... ♦ . . i.... n M .� ��. _ . .'i' ..�. � • �1002 • . 10�10/95 11:05 FAX g12 ;52 89Sd �p�{ �I�{�S . t� Op3 . present Zaning aE Proger�y: ��NGLE FAMILY ItESIDENTIAL present use o� Pmperty: NONE — VACANT LOT . • px�,posed us� o� Pzoperty: SINGLE FAMILY RESIDENTIAL , I herehy declare tF�at a13. statement9 made in t.�is request anci on the additioazsZ mater�S.al are true. . Sigiiature o cant � Oc�� l01 �ags" � . ��- , �=vaa �r c�ti�� rtote: Tha ia23000iz�g in%nnation. ahall be praPid�i! in the �ite pisn: �'SEE FI�AN l. Locat�ou of the p�:opsrty, ir�cindi.ag auch intozmation as tbe aame au�l aumb�rs o� :djaiaing zoada. x�ai2.roa�dt. ex��,ag s�ubdivisiana, or othe� 3a�8m�rks. SEE PLAN 2. SCALE " FT. sEE Pr�ax 3,. SEE PLAN. 4. �e Aame ana aaare�s o� the a�ner(sl o� developeacls). the �ectioa. ta�raahi�, ranQe, north pvint� dttte, azk'1 �le af drawfYigs, �td n�b+rr of sheQtc. . _ Exisctisig tapography as 3sid.3cated aa a avai�c�ssr asap h�tviag a cautattr iatc�rval.rao greata� tba� twe (2? �eet per ea;�tours the co�tvur map . sha3.l alaca clearly. dalis�wtt,e �tap bLttff 2it�� aII strea�ta� iticY�diaq iuta�ia�ittaat stiesmts ar�3 swalrts, x'£v�r�c• �a't�rr bodi�s, atid a4tla�ads looaCed oYt the site. • J► Pi.�a aeZtae�etiaq r.he e�ci8tsng araiaage of �e r�ater ,cet�in9 forth ia •wlzi�h direction tha 'qolum�et ancl at xtsat xrtte tha atarm roattez is aoav+CyeB fzoat the site 3u tattasiq forth .ttsos�e �eas oa the �ite witere s�oz�a Wat�r callac� aAci i� gradaally pasra7.ated 3.ato ti� qrouud or s2ow2y ze�.r.a�sed to afxeatn,or 2ake. � SEE PL�N 5. A!l��iptioa of t�ie �e031g vt�t ths �� 3st�Iuding tt �tp isid�tittg soii typea by arem,c to b� disk�rbed as �rel.l aa ��031 rtpoz�G eoat�iniag iafas�aa�3�aa on tlie atsitabili� of thd soils� !or tbe type v� dewelop+aeat P�P�ed and for t2s� type of se.raQe disposaZ pzop�ed �sci deaCribi�tq �y re�aedial zs�eps to be ��akea •by the d�e�veloger ta ren�les t�he soils rttl.�abl:e. .. a12. sreats pra,�,sased lar gr�8in3 sit�tll be i,�iantitied by . sol.a. �yPe. bo�h aa �o scl.I L•ype o� wcisting top soil. +dnd soil type of the nex eva�aar, The lva�tioa and �ctea� of a�ap �ro�ioa are.�a si�a1.3 �bt iaclv,ded • ia tiva soi.ls descripf.�va. SEE PLAN :�� . '' 6, A$4°�'+C��.�2811 O� t�t@ fI4�8. 3tMI f�r t�ttsich accupy tiie .site ar auce ORCZS�OIL'3,i1� �O11Ild '�hCrCQA� 5lStt�A�' �Ok'�h N�."�1 dC'C8�.1 t'.ISOSC sIEB& . vrhez� unfque piant ar ar3mal apeoies asay be found on the site. �� 9 R •^, �_ _lU/lu/b5 11:Utl rAi tl12 �32 89d0 !1E[VDOTA HEIGHTS • I IQOU4 • l ' - � SEE PLAN 7. � description of any features, buildinqs, or ueas which hi.ctor3.c significance. . : SEE PLAN $. � v� A map iiaciicati.aq proposed f.inished grading ehown a�� contaur� at tile same iatervals proposed abave or as rcquired to clearly indicar.e the relationship of proposed changes to exist�.ag t�po- graphy and remaining featiures. SEE PLAN g, A iandscape plan drnwri to an appropr�.ate �ccale i.nciudinq di�ensivns, distanae, lxation, tiype, eiae, and descript3.o» of ail �acisting vaqatation, clearly locating and de�crib�g auy vegetatti.oa roposed - for rea�oval �d all prepos�l Iandscape materials which will. Yie added �o �his site as part cf the davQlvpcQnt. SEE PLAN �,o. A proposed drai.nage plan oi the developed zite dal3.neating di.recti�ou, volt�me, and at what rate a��n w�ter_ w9,11 be c� fra�a the aite a.nd uetting fvrth the areas of the site whas^� Natcx t�rill be al.loWed to csollect ar�d qr�dtuilly percolate itr soil, oY bo slowl.y relea�ed to streua or ].sslce. Tba plaa .sh set faxth iq►dranlia capacity of ali otrt�ctaros to be coastr e�d.atfnq �tructares to ixi utilised, incltiding �rolmae or haL 8nd dtsigii stoscta. SEE PLAN 11. �►a �raeiron and s�dimsntatioa coatrol plau Sudicatiaq ti� t ttitd AQC�sa=y teG�n3C8I 3iif0lmit30A Qil i7dAt101 LlQ�t3rl8 tC botb duriaq aad after c�enat.�vetfoa iaclud3aq a stat�nt e, c�1Culated �tatiaipated yross soil l,oaa e�reased itt �,ons/a� both dux3ttQ �d a£tier oonstr�ctioa. . SEE PLAN 12. Tiie proBesed �i.ze, aliq�t, beight, and iate�dsd uac ot � to be ereeted or located on the site. • SEE PLAN 13. l�i Clt� delituatioa of alI area� Mhieb ci�all be paved o� sn inclndi:tg a desoription of the aurfs�eiag mat.�rial �to be nse ahich the . also ad or 4 Po�tar . lOCSt.�Oii. �CCA easin�r the rtraoturea SEE PLAN 14. A dasvr3ptioa of r.�e metitiod bo be p�avi.ded for vehicu].ar pedestrina (not spplic. )�ss tro thQ proposcd developaeat aad publia.�aaeas to the iver �nd/ar: publie riv�s vieW'ogportnnitie� b�th betore artd atter denelo ts t� deseriptiaa of th� deve].opmeat'a 3mpnvt cn ex:stiag pie� of and slcn$ t.h� river. _ - SEE PLAN s5. A dQ.sori on o� s7.7. p pt3 parkiaq fatcilitf�s to ba rovided as og thh� (not applie. )develapm�t of ttse site iaola�ding aa �nalrsfs ot parkiaq a geaes�tvd by the propoaed developmant. �� SEE 'PLAN 16. A delineatioa oL the araa or areas t�o bQ dQdic�ted for p1sb3., (not app ic.) � ' 3EE PLAN 17. a deliaeatioa of ti�e lociCiaa aad �ouats o! exciv�ted •roil: stored on the aite during•construction. SEE Pj,�j. 1.8- �y other ia�os�mati�oa pertineAt bd that particu7.ar proj�at � the opsnion oi the saspeotor or a�pplia�at 3.t a�cessasZ► or ; the review of the project. - , 0 ue�. to be . t • 3 CITY OF MENDOTA HEIGHTS � NOTICE OF HEARING ' October 10 , 1995 TO WHC?M !T MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Neights wiil meet at 7:30 o'clock P.M., or as soon as possible thereafter, an Tuesday, October 24, 1995, in the City Hal1 Councii Chambers, 1'141 Victoria Cunre, Nlendota Heights, Minnesota, to consider an applica#ion from Mr. Bernie Stroh for a Critical Area Site Ptan Review wh�ch would attow the cons#ruction a# a s�ngte family house anto the following described property: � West 35 feet of Lot 10 and the East 25 feet of Lat 11, Beaudette Addition and the vacated "O" streei adjacent. Mare pariicutariy, this propecty is located at 'i 'I 32 Sibfey Memoriai H�ghway. This .natice is pursuant ta City of Mencla�a Heights Critical Area 4veriay District Ordinance No. 403. Such persons as desire to be heard with reference to the requsst for a Conditional Use Permit wilt be heard at this meeting. Kathleen M. Swanson City Cierk Auxi/iary aids f�r di.sabled persons are avaflable upoa request at least 120 hours in advance. !f a notfce of less fhan 120 hours /s �ecehred, the Chy af Mendota Hefghts wi!! make every ai�tempt` to pravfde the afds, hawever, thfs may not be passible on short no�ice. P'lease contact City Administrator at 452- 1850. - �k• [ : J`' 1 � • � ,�1. � ., l � 1' 1��iendo�a H�i . h o�to�� o, z 9s� Mr. Bernie Stroh Stroh Engineering 607 Washington Avenue South, Suite 202 Minneapolis, MN 55415 Dear Mr. Stroh: The letter is to inform you that we have received yaur applica#ia� for � �ite Pian Review. Your appiication is cansidered comptete and wilt be to the Planning Commission for their meeting on Qctober 24_ 1995. . , The Planning Comm�ssion is a� advisory body that conducts public he� reviews apptications for recommendation to the City Council. The Ptai Commission reserves tfis ri9ht to request additional, or supptementai, i �tate Stat7ute allows the Planning Commissian to request an additional days fior review af any zort�ng matter. - . The Ptanning Commission meeting srarts at 7:30 o'ctack P.M, here at Cn the Council Chambers. Yau, or a representative, w�11 need to be present tfiat your application may ceceive Commission considera#ian. i# you have any questions, piease feel tree to cantact me at 452-i 85t}. Sincerety: ��w-i%��'�^"C`�. � Kevin Batcheider Administrative Assistant K�B:kkb s and � mation. V (60) Hall in order ,. r . 1101 Victoria Curve •1V%ndota Heigfi�s; �ii��.N - 5vi18 ��..� 4v2�1850 :� . � _ . . . -� ; �. . . � - - . -.. . . .� . I -c =. � TO: FROM: CITY OF MENDOTA HEIGHTS MEMO ' � Nove - 2, 1995 Mayor, City Council and City Admin''tr Kevin Batchelder, Administrative Assis � SUBJECT: CAO 95-06: Sargent - Critical Area Site Plan Review, Front Yard Setback Variance, Building Heig Variance �3 • � Jim and Beverly Sargent, of 1040 Sibley Memorial Highway, appe before the Planning Commission for a public he�ring on their request for Area Site Plan Review, a Front Yard Setback Variance and a Building He Variance. The Sargent's desire to add a garage and living space on to tl existing home. The proposed plan shows the addition to be located at � from the right-of-way at Mayfield Heights Road, thus requiring a 6.62 fo yard setback variance. The home is proposed to be 29.5 feet in height, requiring a 4.5 foot height variance. (Please see attached Planner's Rep Application). red i Critical iht 38 feet front and The Planning Commission expressed concern about the existing de ached garage, its removal and the restoration of the rear yard. The City's Ordi ance allows only one garage per single family home and we suggest the City ouncil condition any approval on the removal of the existing garage and the res�oration of the rear yard by a certain date. The Planning Commission was also concerned about the slope of driveway and felt it should be redesigned so that it does not exceed a s three percent. ��Z�uu ��_ �► of The Planning Commission voted 4-0 to close the public hearing. T' e Planning Commission voted 4-0 to recommend that the City Council appr ve the Sargent Critical Area Modified Site Plan, a front yard setback variance of 6.62 feet and a 4.5 foot height variance to allow the proposed garage/living space ddition subject to the following condition: 1. That the driveway be moved to the south so that its slope three percent (3%). exceed �� y Conduct a public hearing. If the City Council desires to implement the Planning Commission's recommendation, they should pass a motion to approve the Sargent Critical Area Modified Site Plan, a front yarc# setback variance of 6.62 feet and a 4.5 foot height variance to allow the proposed garage/living space addition subject to the following condition: 1. That the driveway be moved to the south so that its slope not exceed three percent (3%). " � � CITY OF MENDQTA HEIGHT� NOTICE OF HEARING Octaber 17 , 1995 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of Mendota Heights w II meet at 8:3C} a'clock P,M., or as soon as possible ti�ereafter, on Tuesday, Novembe 7, 1995, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, innesota, to cansider an apptication from Mr. James Sargent far a Critical Area Site Pian Revisw which wouid allow the conslxuction of a living space and garage ad ition onta the fofitowing described property: Lot 1, Mayfietd Heights Addition More particu�arly, this property is iocated at 1040 Sibley Memorial This notice is pursuant to Ciiy of Mendata Neights Critical Area OvE Qrdinance No. 4Q3. Such persons as desire to be heard with reference to for a Conditional Use Permit will be heard at this meeting. Kathleen M. 5wanson City CEerk Auxiliary aids far disabled persans are available upan request at hours in advance. /f a notice of /ess than �20 hours is received, t Nlendota Heigh#s will make every attempt to provide fhe aids, hav� may not be possib/e on short notice. P/ease contact City Administrat 1850. hway. District request �st �2A Cii'y of ►er, this at 452- � C ity o� .�.. ,� 1Viendota Heights � November 3, 1995 Mr. and Mrs. Jim Sargent 1040 Sibley Memorial Highway Mendota Heights, MN 55118 Dear Mr. and Mrs. Sargent: � Your request for a Critical Area Sit� Plan Review. Front Yard S�tback Varianc _�nd Bulding Height Variance will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday. November 7. 1995. The Council meeting starts at 8:00 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative should plan on attending the meeting in order that your application will receive Council consideration. If you have any questions, please feel free to contact me. Sincerely, A�D`�.i�x�` Kimberlee K. Blaeser Senior Secretary m 1101 Victoria Curve • 1Vlendota Heights, 1ViN • 55118 452 • 1850 , : •' - I\t�ll.4llEi.\:11/ c.c��vsu�.-rttic n�n!:��izs LANL�SCAP[ Al2Ci11TLC.T'ti .iU() PIRST AVEi�lt7E I�C�R't'H SU1T£ 210 MINNEAP(7L1S, Mh •i�.111! C,12�3.39•.3.3(1() PI�!►��:E�II:NG REPORT DATE: C�?►SE lYt3: APPLICA►NT: L{}CATION: ACZTONREQUESTED: PREPARED BY PLA1�iNIl.vG C4NSiDERATIQNS Background. � October 24, 1995 • • � f. 7ames and Beverly Seargeat 1040 Sibiey M+emariat Mayfield Heights Critical Area site Plan Review, Setback Variance, Building He C. 7ohn Uban Tim aad Beverly Seargent iaf 1044 S�ley M�morial gighway are proposiag to re dd� gsrage with an aitact�ed garage and uving space additioa The home is lot Iot at Trunk H'ighway 13 aad Mayfield Heigt�ts Raad. Mayfield Heights Road slc wes�a edge of the propert�► at a 12 p�rc�at grade ��king the exisqng driveway � ia the winter time. The land to the south drains acxoss the properiy over the e cx��ting icy condi#iQns an the north f�uxng slope. The propased acidition wavtd p: to the rdoc�ted a� garage at the base of'the slope an Mayfield Heights Raad pr�xarious stopuig driveway. Tf�u ho� is in t1� Cri�ic�i Area �uui must go tluough Site Plan R�eview Addi#ionslly, � additiaa is setback a little over 23 £eet froin the right-of-way oPMayfield Heigbts Roa Va�u�e far Froirt Yard Se#back The property i#s�etf aiso slapes and the addition, aithc to minimize grading to the sitey creates a sttuchue that elccee�ds the height liaaitatio 'Withia ihe Cri#icat Area #he height is �imited by two stories. Assuming the tuck�n� geaerally a basement conditioq two stories are praposed above it, but the very largE system a�ids additianat h��ght so v�ihen measuring the average ground eteva�ion in front a Height Variance is required from the 25 foot standard ia the R 1 zoning district. � Lot 1 nt Yard Variance. �aa e�nsi�ag an.a caraer all along the dangeraus a��y the �a�ance ' thcir E�e proposed - i requiring a ugh stepped i of 25 feet. ler garage is gabled roof �fthe home, O,ctober 24, 1995 C,AO 95-06 Page 2 City staffhas published and maileci notice for a public heazing and the Planning Cominission will need to conduct a public hearing regarding the requested variances. Site Plan Review. The proposed garage addition allows a detached garage to be removed and a steep driveway to be converted back iuto yard. The proposed driveway location will give the owners safer access to their g�ge• - ' The Site Plan locates large trees that earist oa the site and are progosed to be saved. The drainage system on the site remains primarily the same aad drains into the ditch system of H'ighway 13. Additional infor�mation is n�e�saiy to show proposed exosion contxol and constiudion limits for the site.s, espeaally as pertains to a 40 inch maple to the northeast of the proposed additioa The addition w�l nemove half of its root syste�n and oonst�udion adivity could significantly compact the remaining roots injuring the tree. The proposed addition matches the e�risting home which is placed at aa angle on the trapezoidal shaped lo� Because of the angie and the need for the addition to step into the slop to create the least atnount ofgrading, a coraer peaetrates iato the front yard setback by about seven feet. Because of the need to match.iato both the slope and the e�cisti�ng arclntechue of the home, little flexi'b�ity is available for this type of additioa The addition is on the dowa hill slope of the existing home aad w�l not impair views of adjacent properties. Although no I.andscape Plaa was iacluded, the site alr�eady has typical reside�ial � la�dscaping. Tt�e r�eestablisha�rt of disaubed areas should be part ofthe Building Pe,rmit applic�tion The architsc�ur�e of the ho� addition blencis into the aasting gabled stcucture aad matclung inaterials .. are used. _ Front Ys�rd Setback Varianc.�. The applicant is requesting a 6.62 foot Front Yard Setback Variaace. The northwest corne,r of the proposed additioa is located 23.38 feet from the right-of-way ofMayfield Hcights Road." To move the addition further to the east would place it out of alignment with the itttexior desiga of the home and would necessitate the removal of the 40 inch maple oa the east side. The home has also beea d�d to step down the slope aad to provide a reasonable grade for the driveway aad match into existing levels of the home. � Because of the steep slopes of the site and the placement of the eadsting home, litzle flexi'bility is available for the development of the addition w�nch exteads the house northerly. Additions to the home oa the south side would aot be possi'ble because of the closeaess to the southein lot line. Developm�at to the east would necessitate much more site gcading aad tree removal aad would aot attach to the house in a reasonable way. The addition as proposed appears to be the most reasonable locatioq which muunuzes the impacts to the site. O'ctober 24, 1995 CAO 95-06 _ � Page 3 This setback variance is not for a specific standard within the Critical Area Ordinaace have to me�t the variance criteria that was revieweii in CAQ 95-05. However, I bekev� coutd be reasonabiy met. - Heighi Variance. Within the Zoning Ordinance, height is addressed both under R 1 Zoning, which is ta 25 feet in hes�girt. Th� Critical Area Overiay District just reqcures a m��cimum of tvvo si the natafion of any actual height. The measurement of he%ght is made by averaging th� front of ii� hom� and measuruig to the mean of the tallest gab%. This home has two � on Mayfield A�eig�ts R�►ad and one toward Tnu�k A'ighway 13. Be�ause of its wa]kout steps inia the stope and the tuck-under gamg� a tall portion of #he home i� e�osed yards of the lot. � ' The Plaa �r�ates two livable Soors above the tuck�under g�arage aad can be inte�prete ge�at raquirem��ts ofa i�na story c�nte�ia afthe Critical Area �►istzict, The he�ght me Mayfield Aeig�rts Road fro�rtage by av�raging th� fii�irt gcade� gives a height af 295� fee th� height on th� nortb face fronting an S�tey Memorial Ff�gtrway 30 f� fee# af he�ght is the average grade. Because the front door Eace.s out o�to Mayfield He,ights Road � He where the height of the building wou2d be meas�u�ed, thus a 4%x foot �rariaizce woutd i Becaaa�se af the stcep s2opes aad the stePp'uig of#he bu�ding wi#h #he tuck under g�a�g roofProjectin8 above the a�sang i�ame� a tall stcucture is aqwsed to these front yards. di'�icutt #o a�ocomptish a vamna�ct adci'itt'an praviding both a garage and living area on a s with minimal environmeutat impac� anci avoid a he3ght variance on t]ais particular lot practical diffcaalty exists for this applicaat on this site. Canciusioa. nd daes not that criteria � stories and �ries wi#hout grade ia•the �ntages, ane �ature wluch a both front to meet the �red on the Measuring isz'61e above is would be required. and gabled :t would be � �a� I believe �a R�view the appfic�nt's t�itical Area Site Ptaq Frant Yard Setback Var"iaace of 6.62 f� and Height Variaace of4r�s feet and make a recommendation to the City Council. 27. Negative Covenant as to Use of Proceeds a Project. The City hereby covenants not to use the proce the Bonds or to use the Improvements, or to cause or per to be used, or to enter into any deferred payment arrang for the cost of the Project, in such a manner as to caus Bonds to be "private activity bonds" within the meaning Sections 103 and 141 through 150 of the Code. 28. Tax-Exempt Status of the Bonds: Rebate. shall comply with requirements necessary under the Code establish and maintain the exclusion from gross income u Section 103 of the Code of the interest on the Bonds, in without limitation (1) requirements relating to temporar for investments, (2) limitations on amounts invested at greater than the yield on the Bonds, and (3) the rebate investment earnings to the United States if the Bonds (t with other obligations reasonably expected to be issued outstanding at one time in this calendar year) exceed th small-issuer exception amount of $5,000,000. - For purposes of qualifying for the exception t federal arbitrage rebate requirements for governmental u. issuing $5,000,000 or less of bonds, the City hereby fin determines and declares that (1) the Bonds are issued by governmental unit with general taxing powers, (2) no Bon private activity bond, (3) ninety-five percent (95�) or• the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmenta the jurisdiction of which is entirely within the jurisdi the City), and (4) the aggregate face amount of all tax- bonds (other than private activity bonds) issued by the all subordinate entities thereof, and all entities treat issuer with the City) during the calendar year in which are issued and outstanding at one time is not reasonably to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. Furthermore: s of t them ents the City aer luding periods yield f excess qether the its s, is a re of unit tion of xempt ity (and d as one he Bonds expected (i) there shall not be taken into accountl for purposes of said $5,000,000 limit any bond iss�ed to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does n t exceed the outstanding amount of the refunded bond; (ii) the aggregate face amount of the Bo ds does not exceed $5,000,000; (iii) each of the Prior Bonds was issued�as part of an issue which was treated as meeting the r bate 303299.7 2 4 requirements by reason of the exception for governmental units issuing $5,000,000 or less because the Prior Bonds were issued prior to 1986; and (a) the Prior Bonds were issued by governmental unit with general taxing po� (b) no part of the Prior Bonds was a industrial development bond (as described Section 103(b)(2) of the Internal Revenue 1954, as amended, but without regard to subparagraph (B) of Section 103(b)(3) or loan bond (as defined in Section 103(0)(2 such Code, but without regard to any exce from such definition other than Section 103 (o) (2) (C) , and f bonds gust 8, rs, in Code of private (A) of �ion (c) the aggregate face amount of all tax- exempt bonds (other than bonds described �n the immediately preceding clause of this sent�nce) issued by the City during the calendar ye�r in which the Prior Bonds were issued did notlexceed $5,000,000; (iv) the average maturity of the Refundi�.g Portion of the Bonds does not exceed the average maturity of the Prior Bonds; and � (v) no part of the Refunding Portion of t'��he Bonds has a maturity date which is later than the da e which is thirty (30) years after the dates the Prior Bonds were issued. 29. Designation of Oualified Tax-Exempt Obli Issuance Limit for Current Refunding Portion. In order qualify the Bonds as "qualified tax-exempt obligations" the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representati (a) the Bonds are issued after 1986; (b) the Bonds are not "private acti bonds" as defined in Section 141 of the Code; (c) the City hereby designates the "qualified tax-exempt obligations" for purpose Section 265(b)(3) of the Code; 303299.1 2 5 ithin reby s: t 7, ity onds as of (d) the reasonably anticipated amou tax-exempt obligations (other than private act bonds, treating qualified 501(c)(3) bonds as n private activity bonds) which will be issued b City (and all entities treated as one issuer w City, and all subordinate entities whose oblig are treated as issued by the City) during this year 1995 will not exceed $10,000,000; (e) not more than $10,000,000 of ob issued by the City during this calendar year 1 been designated for purposes of Section 265(b) the Code; (f) the aggregate face amount of th does not exceed $10,000,000; and (g) the Refunding Portion of the Bo issued to refund, and not to "advance refund" Bonds within the meaning of Section 149(d)(5) Code, and shall not be taken into account unde $10,000,000 issuance limit to the extent the R Portion of the Bonds does not exceed the outst amount of the Prior Bonds. The City shall use its best efforts to comply with any f procedural requirements which may apply in order to effe the designation made by this paragraph. 30. Severabilitv. If any section, paragraph provision of this resolution shall be held to be invalid unenforceable for any reason, the invalidity or unenforc of such section, paragraph or provision shall not affect the remaining provisions of this resolution. 31. Headinas. Headings in this resolution ar included for convenience of reference only and are not a hereof, and shall not limit or define the meaning of any provision hereof. ' The motion for the adoption of the foregoing was duly seconded by member and, aft discussion thereof and upon a vote being taken thereon, following voted in favor thereof: and the following voted against the same: 303299.1 2 6 t of vity t being the th the tions calendar igations 95 have 3) of Bonds as are he Prior f the the funding nding ral ate ility v of rt olution a full Whereupon said resolution was declared duly pa�sed and adopted. 303299.1 2 7 � ' STATE OF MINNESOTA ' COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified Clerk of the City of Mendota Heights, Minnesota, DO HE; acting CERTIFY that I have compared the attached and foregoing tract of minutes with the original thereof on file in my offic , and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, d ly called and held on the date therein indicated, insofar as such minutes relate to considering bids for, and awarding the �sale of, $2,170,000 General Obligation Refunding and Improvement B 1995 of said City. WITNESS my hand this 7th day of November, 1995. Clerk 303299.1 2 8 of EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council City of Mendota Heights, Dakota County, Minnesota, there been called for redemption and prepayment on �` February 1, 1996 those outstanding bonds of the City designated as Genera Obligation Improvement Bonds of 1985, dated February 1, having stated maturity dates in the years 1997 through 2 totalling $250,000 in principal amount. The bonds are b called at a price of par plus accrued interest to Februa 1996, on which date all interest on said bonds will ceas accrue. Holders of the bonds hereby called for redempti requested to present their bonds for payment, at First T National Association (as agent for, The First National B Saint Paul), 180 East Fifth Street, 3rd Floor-Bond Drop or if by mail, to P.O. Box 64111, in Saint Paul, Minneso 0111, on or before February 1, 1996. � `Dated: November 7, 1995. BY ORDER OF THE CITY COUNC Clerk Importaat Notice: Under the Interest and Dividend Compl: of 1983, 31% will be withheld if tax identification is n< properly certified. Additional information may be obtained from: THE SHALTGHNESSY COMPANY 596 Endicott on Robert Building P.O. Box 1470 St. Paul, Minnesota 55101 Telephone No.: (612) 227-6691 303299.1 �f the 85, 2, and 1, to are st k of ndow, 55164- ance Act t e • 4 �`'' James Sargent r . Beverly:Sargent � 1.04Q Sibley Memorial Highway Mendota Heights, MinnesoCa 55118 ,� Dear Mendota Heights Council Members, James and Beverly Sargent propose to build an addition to heir home located at ].040 Sibley Memorial Highway; 'Lat 1 May ield Hei,ghts. The praposed addition is to include a tuck under att ched garage, a family room, and a master bedroom. The foll wing infarmation is being provided for ihe criticat area review. 1. As Iisted above. 2. As provided on site pians. 3. As prov3ded on site plans. 4. We will not be changing any wa.ter flows or drsinage. • 5. Not applicable. 6. The existing plants in �he area of constructian consists �f a lilac hedge, a spiras bush and grass. 7. Thexe is nothing with historic significance an this proge ty. 8. See site plan. 9. See site plan 10. We are not changing any water flows or drainage areas. I1. There will be na soil loss during or after construction. Excavated soil ta be used on site to fill were existing detached garage is to be tarn down. We will be using hay b zls ]to stop any erosion durin,g construction. ' 12. See site plan 13. A cancrete driveway as delineated an site plan. 14. The existing drive will be used for access ta the constructi n. I5. ��i@��ting drive will be used for parking for canstructi n ib. Na areas will be dedicated for pubiic use. 17. AlI excavated soil will be placed on back Iot next to existing ,,.garage for use when garage is torn down. 1$. After eight years of living in this hause we have finally come up wiih a plan that removes the unattach�d garage, adds living space and utilizes the current tapography to'enhance the existing architecture while also falling within requ�ired property setbacks. . The proposed construction site has been marked off with stakes. Please feel free�to stop in and inspect it. Thank you for your cansideratian. Sincerely, James and Beverly Sargent In viewing the site plan that we had drawn up we realized that the proposed addition would fall short of the 30 foat set back from the property line, we are asking far a variance fram the 30 foat setback. We are trying use the existing topagraphy of the Iand.�The natural hill we are trying to build into and the way the house sits an the'iot gives us no ather alternative for expanding. We have naticed on the map the city gave us that many af our neihbors are much claser ta thier lot lines than we wonld end up. The plan we have submitted is the most campact plan we have been able ta come up with ta meet our needs. Our existing basement is a cellar wiih little usable space for s�orage. � ' .. . - � " �'' 9 c�s� rro. cAa -� � CITY OF MENDOTA HEIGHTS Dakota County, Minnesota , APPLICA�ION F{}R CONSIDERATION �� CRITICAL AREA DEVELOPMENIT {(}rdinance N0. 4p3} Date of Appl.ication Fee Paid��C� Receipt Number .� Applican.t . Name : �j; Last F Address : r . �,�% . " Number & Str _ Ci + Phone :tlol��J�C �J�� (�iD�s'Z • Home - flwaer : ,�z�� Name : ef! ��✓e La, �s. Address :� S•` � �P.w�t'i� %��i��'✓�; � Number & �reet � � Ci� . Street••Lacation oE-Propertp�in�Questian: -�--, .._��,t ... - .r � ._ .' Legai Descriptioa of Property: �a�` .:.. . .n f" � ,� . . . � � .__ iaitial �zf . . . . . . . .�niitial ' � �' /`s �.�%� , t��'"1�� xe �.p Code �__-l-�,��..�'�l�s'r �`�`l/8': : � � � - �rge af Request : - � Vari,ance � j . . . . " . : � � • ' .., .'.., .. :::.�,: � - ' • . . . tSite Plan Apprc�iTal,.. • •• . . . •�. .� , . � ' . . . - - - � . �Modified: Site P3.an Approv . � � . .. . . . . . „ . . . . . _ . � .. : . - - � , . . , r" .. " • . .' - . .. .. ' � ;w.- �:t:' -:;:`;� �i::::�:r�a;':=� ,;;;�::<•t`:r': � .:w';�: ^';=.:'^ t r�, - „t��`�'. ,:�3,..uAa�u,.N...ne.r .,,�F,., tt: L. �.Y.. �rt .' .r . '.'c„'"'1`.....n1;i. `.�K:..1ti;.,.�ti- L�Y"^ij�rw ::t�Y.'.'•Y. �'�. , i�. :;F': .:.�.'-:4.i.c. _,:_,f. � �'��s . �:: .,._ ":a.?':.— _... .:�'< �'i^ . Y, � .:�,•..�. g� .. . ,�. �+�..r�. ..e c�: . � Js. � :-;r' -•�'. , . r � •'„'^�•�3}'•`:^ � ,=. , :4;i:'•'., fr`` , . . • '.'w:t[ 'i4�i'r.:"..�..%:: .:l.yw.,_: :•�: .:A.�:!:,.'."':�' . "�.:'.,��.�: , _ , • •- .... . . , . , . _ �c:1,y . . , • . :'�'.':' •• ' . . � . .. . �,� : ,� +_': :.. _ . . .. . . . . �. - ' • � Present Zoning oE Property-.�� ,�� "� �� (�j1 tc� ,;.. Present Use ot Propertya Propased Use of Prppe I hereby deelare�that all statements made in this request and on the additianal m«teriai are true. . ., n . Received by (title) Note: The follot,ring information sha11 be pravided in the site p1an: l. Location of the property, including such,infoanation as the name ' and numbers of adjoining z+oads, railraads, ex,i.sting subdivisions, � or ather lazzdm�arks, ' • � � 2. The name and address of the owner{s) or deveZaper(s), the section, . tawnship, ranqe, iiorth paint, date, and scale af drawings, and number of sheets. � " 3. Existing�topag�cap�y as indica�ed an a cantour map having a cantour int�rual uo greater than.t�a�o i2j feet per coatottrt the contQur map . slzall also Clea�rly de13x1eate auy bluff 13.ner 811 stz'e.�ms� itzolt:dfng iatermitteat stre�ms aad swales, rivers, water badies, and wetlands lcs+cated on the site. � . 4, A plan del�teating tb.e �cisting drainage of the water setting forth_ � izi�which directian the v�olum�, and at what rate tihe starm water is . conveye�d from �he site .in setti�rig forth .those areas on the site where storm water'callects and is gradua2ly percalated into the ground ar • s%wly re%ased to str�ua ar lake. � 5. A descriptiau of the soils on the site inc2v�ing a map indicating soil types by areas ta be disturlied as well as a s�ail repor:t con�aaining informa't%n on the suitability af ttie soils far the tyge of developsnent • prapc�sed and far the.type of sewage disposaZ propased and describing any�remedi.al steps to be-taken•by the developer to render the soils sui.table. .. AIl areas proposed �ar grading shall be i.den�t�.fied by . soil type. �both, as tc sail type of e�si.sting tap soi:l. aad sail �ype af the new cantaur. The`lxation and e�ctent of any erosion areas shall be a.ncluded in the soil,s description. • � 6. A description of the �l.ora. and fauna, �whicir accupy the .site or are _ � occasionally Eound thereon, setting forth �rith detail thase azeas � where unique plant or ana.mal species may be �ound on the site. . ' . .. ' � . ' ..� 4 `. ', �,.,: . � ' `� . . ,. '�' • ,. . -� . .. - 7. A description of any features, buildings, oz areas which '-'� histori.c si.gni.fi,cance. � C� 8. A utap indicata.ng proposed finished gradang shawn. at aonto s at the same intezvals proposed above or as required ta cl�arl a.ndica�e the relationship of p'raposed changes to existing �opa- graphy and rema3.ni.ng features. 9. A landsca,pe plan draran ta an agpropriate scale including d distance, lacation. �ype, size, and descr3.ptian of all exi .. vegetation, clearly locating and de�cribing any vegetation far xemoval and al.l praposed lan8scape materia].s which wil. ta this site as part of the development. . �.: _ . . �,. 10. A propased drainage plan of the deveiaped site delineating � W�i1C�I direction, volume, and at what rate stazm water will be conveyed frc� the si�e and setti,ng farth the areas af the .site where storm � water will be allowed to collect a�d�gradt�a].ly perc�late ia the so31, or be slowly released to stream or ].�ke. The plan.s 1 alsa set far�kh hydraulic capacity of aii structpres ta be cons � ted or e.�ci.sting stzuctures t8 I32 tl��.�.Z@dr inciuding volume or haI ing ponds and des3.gn stozms. ' 11. An erasion and sedimentat3on control gl.an indicating the t , location, and necessary techni.cal infazmat%n en controZ measures ta taken both during and after construc�ion inalv6ding a statement ressing the calculated antiacipated yrass soil loss expressed in *ans/ac�es/year Yioth during and after canstruci:i.aa. � �� l .�.i2. T�ie praposed� sa.ze, $ii.gnment, height. and in�ended use of ... t,o be erected �ar lvcated on the � site. � ' • 13. A clear delineatian of all areas which shall be paved ox , . including a descriptian of the .surfaca%ng matexial. to be � structuzes � m 14. A descript%on af the method to be provided far vehicular and�pedestrian access ta th� gropased'developanent aaci public access t,o the iver and/or - pub2ic river view'apport�,iti.es .both before and after cieael � e�nt= a . description of the develapaeent•s impact on existinq vfeivs a�and•aiong the river: 15. A description of all parking faailities to ]�e provided as developsaen� af the sfte including an ana].ys3s of pax�king : generated by the pro,posed developsnent. � I6. A de2ineat:i.on of the area or areas to be dedicated for pu: • 17. A delineati.on of the location and a�aaunts af e�cccavated soils st:ored on the site during' co�tstructian. -� of the use. E� . 18 ». Any other informataan pert3.nent tci -th,at garticu3ar proj ect vrh!%h .�.n � ..� . . the opinion of the i.as,pectar .or applicant is neaessa.ry or hei ful� 'far �-� the review of the project. , _ ..._ .. . . , .. . . ; _ . ' ' �;rri�.a'•" r: i�.,:: . . • . '� S' �:ti%..;., a:.•� �;:'4` , e. . _ _.F�; . ... . _. _ :^`�,�.:��_:.��;:, . _ , . ' _ + .� . . � ' .. ` ' . . 'r� � ' . .. CITY OF MENDOTA HEIGHTS � Octaber 10 , 1995 TO WHOM IT MAY CONCERN: NtJTICE OF HEARtNG • N4TICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:(}�i o'clock P.M., or as saon as passibie tfiereafter, an Tuesday, October 24, 1995, in the C"rty Hall Council Chambers, 1101 �ctoria Curve, Mendota Heights, M�nnesata, to consider an application from Ntr. James Sargent for a Critical Area Site Plan Review which would aliow the consdvc�ion af a living space and garage addition onto the folfowing described property: Lot 1, Ma�eid Heights Addition More particutariy, this properiy is Iocated at 1 U40 Sibley Memorial Highway. This notice is pursuant to Cifiy of Mendota Heights Crifical Area Overiay District Ordinance No. 403. Such persons as desire to be heard v�rith re#erence ta the request for a Conditionai Use Permit wili be heard at this meeting. Kathleen M. Swanson City C[erk Auxilfary aids far d%sablsd persons are avaf7able rrpan request at least �ZA hou�rs in advance. /f a notfce of /ess than 720 hour,s is received, the City of 1Nendata Hefghis wfll make every attempt to pr�ovide the afds, hawever, th%s may not be possible on short no�ice. Please comtact City Administrator at 4�52- 1850. � o�rob�� s, � 9s5 Mr. and Mrs. James Sargent 9 044 Sibiey Memoriai Nighway Mendota Heights, MN 55118 Dear Mr. and Mrs. 5argent: �1 y O� 1��iendata �ei hts e Your appl'rcation for a Critica! Area Siie Plan Review wi!! be consider� Planning Commission at their next regutarfy scheduted meeting, which wiit � Tuesday� October 24_ 1995. The Ptanning Commission meeting start a'ciack P.M. here .are Ciiy Hail in the Councit Chambers. You. or a repr� should plan on attending the mesting, i� order that your application w Commission consideration. • by the heid on at 7:3U receive If you have any questions, please feel free #o contact me. Sincerely, ��k��.�.�.�....��.�.� � . Kimbe�lee K. Blaeser Seniar Secretary - Enclosures • 1 . / . t . � 'r x s ,t ,� . . � . . � . � e '�. . . , � ' . . . • :;e- • ' . $ . 1101 Victaria� Curve -1t�,,endota Hei�giits, �ii��t-� �5v1�8 �..::��4v � �1850 � , � .� .�; � � � �+� r 1 � \ f � \ 1 \ `' � � c ,,, ' � � . � � �� 1 �-'�� t ` , � � ..� ; �. 1� , � , � � -� "� �`'�' �' � � � � � � o�� 1 � �� f � \ � r � � �. � -� , � � r � �,��. . -� '� ... � � 11 � i , � , -, . '�1�..� , , � � � ` �` - f � i � ��. � � � / � , � � � �� , � . �� '�� 1 1 � � , fI f 1 � � , � � , � � � � �. , � / / / 1�� «� � ` �. ��. � �� -�,. / .� �1 � 1 � ,� .. �.� f � � �i,� � � �� --.� .�.''�,l / .�1� �� , � 1 �.�. � � //,� �- .� 1 � �, � , � �..�,.� ..� ,�-,� � 1 E � � �, \ �, � ,� � 1 � /. %, �`.` ,-'/" �,.• � �..`�``�0 1 � � \ � � \ � //�'� `� � � /�/ _ C� «`\ \ \��,,.,,, /�,,,�, t � � I , /� � '--.� �.�s- � � � ��'� � � � ,1 -� � � . � t � � ��\`�� 1 �! � � � 1 � , ! �� 1� � � � � I �, -.� 1 � , � � � � � � �. .� _ � �, � _ _ � � ,� ! � �, � \�� _. - a � ,� � . � ��- �� / �-- .� J � '� � � '� � , �,-�=�,� � I � I / � ,�+ ,,� � I � t � � � �.� � � " �'4 � �i � ` � . �� f � � ` � '�` � , .� f� �' 1 � � . ` �`,.- , � - � ,,, �. � / � �,� � `�'` `...... ` � � f . . �� .�-,. �,� �� -�`� ��, �- _. 7� % � ,� �- .� \ �, �.,_ ..�- �1 �/N �,.�- `, �,.�--. _= a� �/ t,� „� � � ---.. `""-� � � � .,.--- / L �. �� ,�- .� � �- 1 i � , � -7 � � � 1 ' _..,-� 1 -� � 1 �`� �� -�-�,� �' t `��`l ,� � ,-- .�, � .� \ --� „�..-'f,,'// * � � � � ll � --��' � �. �-- -~'"-,''/�" .� � .� 1 , a �C � _ J � � . 4 1 CITY OF MEIVDOTA HEtGHTS MEMO November 2, 1995 TO: Mayor, City Cauncii and City Adminis��k�l FROM: Kevin Batchelder, Administrative Assis� SUBJECT: Case No. 95-29: Plath - Variances . •� Mr. Roger Plath, of 721 Pontiac Place, appeared before the Planni Commission to request a Rear Yard Setback Variance and a Poot Setbac fio allow the construction of a 14' by 25' three season porch. The origir prapasal requested a twenty-eight foot {28`) rear yard setback and a six setback to the pool. (Ptease ses attached Planner's Report and Applicat The applicant appeared at the Ptanning Commission meeting with sketches that show a smaller three season porch (13' by 26') that woul� setback eight fee# t8'} from the pool. The Planning Commission felt �this was de minimis and that there was a practical difficulty with the size of � the home's originat front yard setback (34'}. �*�* ►PIPi1��I�7=�t�i L�I► The Pianning Cammission voted to waive the requirement for the hearing as all immediate neighbors had signed the consent form. The P Commission voted 4-0 to recommend that the City Council approve a a rear yard setback variance and a two foot (2') paol setback variance to construction of a 13' by 26' three season �porch, as shown on revised F ' •1 : • : �► Meet with the appticant. tf the City Council desires to imptement Planning Commission's recommendation� they should pass a motion to � a one foot t'i'} rear yard setback variance and a two foot {2'j pool setb� variance to allow construction of a 13' by 26' #hree season parch, as sf revised ptans. Variance be lot and ining foat t1'� ow prove � 1t3T t�� .�1, ,�, ,�i�eridota Hei�hts November 3, 1995 Mr. and Mrs. Roger Plath 721 Pontiac Place Mendota Heights, MN 55120 Dear Mr. and Mrs. Plath: � Your request for a Rear Yard Setback Variance and �,Poo! Setback Var�ance wili be considered by the C�ty Counci! at their ne�ct regularly scheduted meeting, which wiit be held on I� e�,.,sd�,,y. N�vember 7� 1995. The Council meeting starts at 8:�0 o'ctock P.M. here at City Hatl in the Council Chambers. You, or a representative shou{d pian on attending the meeting in order that your apptr`cation witi receive Council consideration.� If you have any questions, piease feel free to contact me. Sincerety, . �-��.�a Kimberlee K. Blaeser Senior Secretary 9 � r •� 11U1 Vietoria Curve � 1V�endota Heights; N�N.- 5511� rv;:::a .452• 185t! `;�`=:<� : . �.K. :, :.p?,:; ' _ . . . � .x - .. : . � . . . . . , _ _ .. _ ;,�s::.�:, ;.,.-: t � . .. . . _. . . . �.s=�� PLANNING REPORT DATE: - CASE NO: APPLYCANT: a LOCATI4N: I\i�H:P�H'•\:!'� C(7NSUI.TING PLAN�fER.S LAi�L>SC,APE ARCHITECTS i{)t) r2i2ST AVENt3E IdOl2T1-( SUITE 21(1 7�91NNEAPOLIS. Mt� ni.li)1 h I3 •,i.39 �;iiQ(� • � � :a� ,.;,�►..;�i . � i f � f � . ,� . ' October 24,199S ►� • � r Roger Plath 721 Pontiac Pla�;e� Lot 24, Block Frie�adly F�lls Returangement Rear Yard Setback Variance, Set Pool Variance ' C. John Uban 10, wack #o Baclkground. - . , . � � . Mr. Rager Plath of �2I Po�tiac Piace desires to construct a three s�eason porch on th rear of his hame. The proposed three seasan porch is 14 fcet by 25 feet and woutd be appro ' y 28 feet fram the n�az PmP�Y ��4� a tw�o foot R�ear Yacd Setba�ck Variance. Tbe tbree . n porch is propased'mthe same Iac�#ion � aa aasting patio which has a roof shuc�,ir�e attached the home. Tlns roofed patio has elec,tri«ty, li8hts, and a'' fa4 but ao scx�ens or windows pre�. � The applicaat wishes �to keep the raasdng hand laid brick patio floor for his three � n porch because ofthe wxique cvaracte�istic it pm�ndes bis addition. The existing roof is too w according �to the bw'Iding inspector to attach sc�ens and windows and ba;ame part of an attach�d sicuc�ure to th+e home. For that reason, a a�w roaf aaci wa1Ls are to be added aad aPP�P P��.. pulled for the sttvcdue. ' ' An elcistin,g pool sits approxict�ately 6 feet from the proposed porch.� The Paol Or ' requu�es. • that there be a t�n foot s��aration betweea the edge of the pool aad any strut�ue. A'� ce would be required to allow oniy 6 feet between the corner of the pool and the corner of the ee seasan porch. �� The Site Plan and Elevation tiave he�a submitted which me�x the mityimum requiren� ts of the �� f ~ ' - � k r � , , � " r � $ i � , w ' � ' ' , � . •• •� � • • n ,- • a ' j . , A M�A , . , !� , - , . � 1 . . ` � ' • • .. . ' ' . � . .. � a ..,a ; � . .— ... .�-.- . . r � � . •- • . �.. � . , � �, � ' , � f . , � . , , , _ l . I .i ! j+ r j a � , ' IA , � ` � r ' .,e t' y ^ � . - J Y' µ � .a . , � „ � e 4 w , . + „ � , .. , ' f , , , � • *� � ' � • r . • , . fi , , _ ° r , .. • _ . .' � . . . ,. 4 � r k y� • , . ✓',` ` . . P ��. • l ` a' • ' , � � r� � , t . . � • � � . +'+ , ` ,� Y , � � . f � . . ' r *y° , �/ • r ,.� � ' �� • ' , y , � � � ' , . . , r � � ' � � . . . ' ' '� _ �� f .� . -� . , , ' , . , ;, u . , ..� � •. w�� .... �. „ , � • . , � � ' � ., r . 'R�' � '. � � � . ,� .� �� , , , < � ,-� " , ' � ' `�� - , .r� � , • n w � . . .. . . ` , " ,�. ., ' ./'� .. ..,� , ` , , � • ' ' � � -. f 1 ' , � . � . r . , � �� , � . .i � ' '�" r � � �. , . . . �' ' . ., � 1 , '' + � � � ~' � . . � . � / . t . .. .. . r . ' f � ' ' ' ,r . . r '� _ , . . " . . �•� P , � ' �. . - �"SE��- 1 8-"95 M.ON 9! : 06 aTAtRL I'TE � StfN � h = � ` ' ,� � . . ,$ � . s", ' ' ,t • i i , i•t .Ai . � � . • � . , •• . � • . • ' * `1 ,P . +p 2 ¢ . • • � �t��'��.1 V1�'1 � rl . ..� . . . . ��1.,i � �W �_ : � � ;�� Patlo �R�o�s � Solarlu�ms ��; . . . . . .� . . . ;. . . i. . . . � r . �� . �: . . . . . ��-�s .. .� � - . � . _� � � �� . . ruCe MaXy+�ll� �.E.C3. � . . :•��►X• . , . Washirigfpn A►'v'e, I�. • ite 1{�t} • • ' ' • , � ran�apolis.I��N: 5540! � . �l7eur Su or Madsm• • ' . . : . . �'This is in�i+�,�ards,�o �fic �rb�iecc�►'ovsrned by Rogcr a�nd Nancy Plath. � e ac� pei�aC�c�irig for,�_vananc�e, - , �1� r0��% �E: •'� + ' �I� P��t .�i XtOW �! ciui� d'oe�'�iot p# - �alt gtas's � �n s �closiit�.,� . ; ' �,�� n A,�t�rliviiig Pz�t'� • her�e t1'i�r"!�!IU iie'al � hich arc � tiiaio`�''oi'� ,c�,�Vie�ndc�ta HC��tLs; ;MN. ��aveis .th�c �ia which has bc,ert thcre fvr sevcra.t .�'his �vaii,�$ like to' iave this ativctur� torn dawn and re�l ic �vith iis i��v Pati �oom i�iQ be th� same sia�e as th� cx�s�ng tass and: ..v�►�blcnd ain 1�utii'c�lly with hocrie, Wind.'Q'w� aad 's; �e i�gof,�nd wadf�rancls ac�� all atuminum wnh h�ricy comb 1Q0� ma�nte�ancC r+ce„ � t n `s`� � bi�`�di�ig c�bde`s� ThisAddisan �vili giv,e ti�e PI th's a plaae bacf j►aid;�d aat.�e bothcred by Bugs. Mosqui ,� arid Bee`s t�oot�; rw,� th� �'lG�z`�'and theirguests wil� be able ta dry aff ��! ui �� pool �s excra i�d an ��pet and wbod itoors. ' �k'f� chta a - • , . . : � p . • � �'ibm ct�scly .�c.' �`ill iiot hu�rnl ttie f�a,bc�n tf�fi„�m. is;�ew aut� room w�l save tiicia ,�pair bill��a thei� hcme.�'�ir �vtr encic�� w�ll �nl�aiice the�r hamc and t�use the pmp�ty value, Chu Patio Roo�is cany a l� ��i 1�an•ancy on the p;aunels and hardw�, and a Life�m� �arranty '�n the gIass. . , � ' _' ... � %t ' • + • • � �. �;�i yA . .� . .� � C'hc��sa M.'t)I�j�i�cak • . • - . � �}flt�ce h�inag�:r � � - _ . ' � . . � � •. , ' : . . , , 0 . : � " ' 4t}4-W�shiri�tcin. Ave: �1'�'0�: � Saite li)4 �.. Mpls, Mn. 5540I , {5I2) �8.4-1 �2 . y. � �y v� ; � �ity� of ;=. a ,., , ,�iend�ota �eights � - ., Appltcant N� . � �At . �` OwaerNsm� _. APP�,YCA,TION �'OR CONSIDERATYON OF ,, PLANAtING REQUEST Gtsc No `' J � D�o ot App]Ictt3o� � Fao Paid .�n• �� C� �'�iI � \•'W 0 � �7011 �on��.. iL �� ^� St�ct Lflc�tioa flf P�nopert�r ia Q�ec�toa: �: 2e�1 Dcs�iPdon of Avperry: � a2 (.00/C /� �i2,iG-ii��_ c� l .. . c J�i�•_ile.�� .,.�.,� .., _ � � ��4� • . � Oo�. aoa�i Va Pe:mh v"�� __.__— � ga�� ....__._��a�tIIsal�smitl�orP.U:D. � � ..�Pim �� P�v AmosQmeat "� �'� �1�� _ Ap�llc�le C�4► dc+diamoe N,�bes Sswoa • P�e�ta�7�°°tag�#p�op� -P�VBa • . �Po� �S ��P�Y.._.____.A�+o�oad Uso . ih�r deds�,�at alt a�a�tana�a m�aaolo �raQ,�est �a�'C/ aa�IacmEai (�-�� astec�al sro 1�, • � ��.�T' �C,-,?,r�'^�� - + �• • : �.1 �`__•�� .�� -� �� ' Y101 Victoria Curv� � �Vieadota Hei�b,ts, �iN • 551�8 452-1850 � �� J t . •. _ � . . C�� 1Viendota �ei , SIGNATIIRES OF CONSENT FOR VARIANCE RE4IIEST I TO: The Planning Commission, City of Mendota Heights -- FROM: Property Owners of ��ir' �� RE: We the undersigned have reviewed the plans for : and understand-the ' condztions of the requested variance for � We have no ob�ecta.ons to th s request and do hereliy g ve written consent and consent to waiver of publi� hearing. Sincerelys NAME (Please Printj SIGNATURE ADDRES: �l�u -� � e�sa--o' 6r'��„ - � �I � �cw'� d�k. Y14 4 cr.a.� .�-. '� a� .,., j, _ C , �' . ��i 1 cw n'tu-n, J..� tS�r ns " ;+.��:�-1�� 7Z�i � fh� P ,,� , 73? J'►, � �-�e�;,. �4 . k v �-�-� � ? 3 3 ��5 � �- � .c-• ped�rs� .,. . 7a� :.{;`ba,�� a -� 51�1�u ,� e�' � �?-a . . . _. : � _� _ n �oZ A �i,� ,,► �, - ��.�n,, . __ . ... : . ■a�i�•��i■w:i�c.� i•��• �I �i��.is•-:�r��-�r��- c� o� a (INCL. LOTI � � �� 111►, � 1 1 � October 10, 1995 Mr. Roger Plath 72"1 Pontiac Place Mendota Heighis, MN 55124 Dear Mr. F[ath: � 1�3T O� ,��ienda�a Heights Tl�e letter is to mform you tfiat we have received your application foc Variance. Your application is considered complete and wil! be forwarded to the Pianning Commission for their mee#ing on Qctober 24_ 1995. The Ptanning Commission is an advisory body that conduc#s public hearings and reviews applications for recommendatron to the City Council. The P[anning Commission reserves the nght to t�equest additionai, or suppiemental, information. State Statute allows the Planning Commission to requast an additional si�y {fi0j days for review of a�y zoning matter. � The Ptanning Commission meeting st�arts at 7:30 o'ciock P.M. here at Ciiy Hatl in the Council Chambers. You, or a representative, will �eed #o be present in order that y.our appiication may receive Commission consideration. If you have any questions, please feel free to contact me at 452-1850. Sincerely, �c�.,1��•�.— Kevin Batchelder Adminis�rative Assistant K�B:kkb � - 1101 �lictoria Curve -1Viendota Heights, �ii�IN.- 551�8 ..::.452=1850:� -. -� . , .. ...� ��...� .. �. -�. j�.. - , . 5.0.2 �i NOtES FOR FIGURE 50-1 . 1) STRUCTURAL MEMBERS SHALL COMPRISE 6063T6 ALUMINUM EXTRU510N5 , SUPPLIED BY CRAFT BILT MANUFACTURING COMPANY. 2) ROOF PANELS SHALL CONSIST OF 3" HONEYCOM6 PANELS. 3) � MAXIMUM SPANS OYER DOORS SHALL BE 87". 4) MAXIMUM ROOF PANEL 5PAN5 ARE BASED UPON THE LESSOR OF ULTIMATE LOAD/� OR LOAD AT SPAN/}20. ' 5) ALL 57RUCTURES SHALL BE INSTALLED ACCORDING TO CRAFT BILT MANUFACTURIN GOMPANY REGOMMENDATIONS. 6) I nADINrS: ROOF: SNOW LOAD 4-O PSF WIND LOAD 80 MPH DEAD LDAD 2 ps� 8) 9) DECK: . LIYE LOAD 40 p5F E571MATED DEAD LOAD 10 PSF riMB��F. i�=sr �SFS- SPECIES SOUTHERN PINE N0. 2 BENDING STRESS Fb 1400 P51 (fZEPETITIVE) COMPRE5510N PERPENDICULAR � TO GRAIN Fc 565 P51 SHEAR PARALLEL TO GRAIN Fv � 90 P51 COMPRESSION PARALLEL TO GRAIN Fc 975 P51 MODULUS OF ELASTIGITY E 1,600,000 P51 ALL TIMBER SHALL BE PRE55URE TREATED . SnIL BEARINC'Z(:APAC:ITY• . FOOTINGS SHOULD REST ON SOIL HAVING A MINIMUM BEARING CAPf1CITY 2000 PSF , �OTINC�.S. FOOTINGS SHALL BE LOCATED BELOW FR05T LINE AND ON UNDISTURBED ; FOOTINGS SHALL BE SIZED ACCORDING TO tHE APPLIED LOAD AN� LOCAL BEARING CAPACITY. CONCRETE IS TO HAVE A MINIMUM COMPRE551YE STRE 3000 P51 AT 28 DAYS. ��1'�IVi[1GJ ► A T 1 O R O O M S L OF `��.�. .�� i� _' P�.�; . •:.; ��` �'�� ' .. � � � �• �l�l ��/ � � .' ;;�61 TERE�': � �� i i : s-ii:1FE SIONAI : � ' ENG NEER � i = � � �i� u'�'. 019 55 6 :��`t : ��i�>'�.'-... ..••' ``��— +��, GF • ,Na _ - , . l �. �+(, �:ti 71�1�` enq1em50slu REV SW.i CITY OF MENDOTA HEIGHTS MEMO November 3, 1 �95 , TO: Mayor and City Council FROM: Tom Lawell, City Adminis r SUBJECT: Tuthill Corporation - National Rod End Division DISCUSSION At our October 17, 1995 meeting, Council received a presentation rom Tuthill Corporation - National Rod End Division regarding their new facili they would like to construct in Mendota Heights. Tuthill is an international co pany comprised of 14 various divisions, including the National Rod End Divisio . The site for the project would be on the "Brooks Site", located to the south a d east of George's Golf Range. The proposed 25,000 square foot building would b�e served by the Highway 55 Frontage Road recently constructed as part of the Me dota Interchange project. At our last meeting, Council focused on three major issues: 1) Tuthill's request for tax increment financing. 2) The exterior materials proposed for the project. 3) The status of the stormwater holding pond located on the Each of these topics will be separately addressed in the remainder of this TAX INCREMENT FINANCING REQUEST As you will recall from our last meeting, Tuthill has requested "pay go" tax increment financing in the sum of approximately S 190,000. Lett� previously submitted by Messrs. Vincent Jiovanazzo and Mark Steingas ii of this request are attached. Assumptions used in the financial analysis � follows: Project Value: Building Land Total $1,050,000 310.000 S 1,400,000 Net Present Value Rate 8.00% Fiscal Disparities Contribution Ratio 34.00% Tax Capacity Rate � 118.10% Duration of District 2004 m rs support e as � ,; During our last Counci! discussion a question was raised as to how this tax: increment proposai compares to oihers we have considered in the past. Attached please find a data shest prepared by staff which compares the Tuthill, tax incr�ment request with five other recent projects: Lennox, VGC Corporation, BDS, lnc., General Pump and Primenet Data Systems. Please bear in mind that these projects occurred over a number of years, and the City's approach to tax increment finance has become more conservative over time. The City Councit retains complete discretion over the amount and type of assistance provided ta each project, and the Council is in no way obIigated to meet or exceed previously appraved assistance amounts. EXTERIOR MATERIALS As presented at our last meeting, Tu#hill proposes to build its 25,OQ0 square foot building primarily with precast concrete "tip-up" panets. This construction type is very common in today's market due to its affordability, durability and ease of construction. C�n Octaber 'i 7th, Councii pased to Tuthill a number of questions regarding the appearance of the proposed building due to its location along highly travelled Highway 55. Mr. Mark Steingas af Benson Orth Associates volunteered to submit to Council a list of other similarly built buildings in the�area which Council could view firsthand. His ietter was distributed #o Counc'ri an October 27th and is also attached to this memo for easy reference. If you have nat had an opportunifiy to view the identified build'rngs, I wouid encourage you to do so prior to November 7th. { have asked Mr. Steingas to be ready to provide additional informatian on the proposed materiats at our November 7th meeting. STORMWATER HOLDING POND Also discussed on October 17th was the issue of the holding pond which is located on the Brooks Site. This pond was built by MnDOT as part of its Mendota Interchange construction project to handle stormwater runoff from the adjacent roadways. MnDOT secured from the current Eandowner a stormwater easement in arder to locate the pond on this parcel of land. It did not acquire fee title to the property, so there#ore, the pond is technicatty located on private praperty {see attached map). Tuthill Corporation is unwilling to acquire ownership of the pond due to various liabitity cancerns they have. In response ta these concerns, they have requested thafi the pond be split-off from the parcel upon which they would like to buitd their building. This lat split would require the processing of a new plat which entails a public hearing and a trip to the Planning Commission. This causes a timing concern for Tuthiii because they need to close on the property as soon as possible, but cannot do so until the matter of pond ownership is resolved. To help speed the process aiong, Tuthiii representatives have secured a tetter from MnDOT � ;� which states that MnDOT is willing to assume fee title ownership of the (see attached). Tuthill, :on November 7th, will be looking to the City Coi some degree of assurance that this proposed ownership transfer and lot be acceptable to the City. The size of the remaining Tuthill site would b approximately 4.66 acres. ' ACTION REQUIRED Council should meet with representatives of the Tuthill Corporation discuss the matters left unresolved at our October 17th meeting. Specifi� Council should provide direction to Tuthill on their tax increment request, proposed exterior building materials, and their proposed lot split request. na area ;il for lit will and �ally, the their • CITY OF MENDOTA HEIGHTS SUMMARY OF RECENT TAX INCREMENT SUPPORTED PROJECTS Lennox (19921 Size: Employees: Land Area: Primary Exterior Building Material: TIF Support� TIF Support per Square Ft. VGC Corporation (1992) Size: Employees: Land Area: Primary Exterior Building Material: TIF Support: TIF Support per Square Ft. , 8,000 sf Office 22,517 sf Warehouse 30,517 sf Total Building Area . 19 .. 2.341 acres Precast Panel a) Pay-As-You-Go S 161,000 b) Upfront Payment 2 000 Total TIF Support 5426,000 $13.96 12,610 sf Office 38.028 sf Warehouse 50,638 sf Total Building Area 50 4.35 acres Precast Panel a) Pay-As-You-Go $270,000 b) Upfront Payment 340,000 5610,000 S 12.05 n C � J J 0 BDS, Inc. (19941 Size: Employees: Land Area: Primary Exterior Building Material: TIF Support: TIF Support per Square Ft. General Pump (19951 Size: Employees: Land Area: Primary Exterior Building Material: TIF Support: TIF Support per Square Ft. 8,400 sf Office 20.200 sf Warehouse 28,600 sf Total Building Area ' 30 2.32 acres Decorative Concrete Block ' a) Pay-As-You-Go 5146, b) Upfront Payment 34 Total TIF Support S 180, $ 6.29 12,006 sf Office 40.80fi sf Warehouse 52,812 sf Total Building Area 66 3.73 acres Precast Panel a) Pay-As-You-Go $ 0 b) Upfront Payment 228.0 Total TIF Support 5228,0 54.32 u Primenet Data Systems (19951 Size: Employees: Land Area: Primary Exterior Building Material: TIF Support: TIF Support per Square Ft. 25,000 sf Office 55.000 sf Warehouse 80,000 sf Total Building Area � 223 8.87 acres Precast Panel a) Pay-As-You-Go 5465,000 b) Upfront Payment 0 Total Requested TIF 5465,000 55.81 CURRENT TAX INCREMENT ASSISTANCE REaUEST: Tuthill Corporation - National Rod End Division Size: 4,000 sf Office 21.000 sf Manufacturing/V1/arehouse 25,000 sf Total Building Area Employees: 39 Land Area: 4.66 acres approximately Primary Exterior Building Material: Precast Panel TIF Support: a) Pay-As-You-Go 5190,000 b) Upfront Payment 0 Total Requested TIF 5190,000 TIF Support per Square Ft. $7.60 OCT-31-95 TUE Q1� , , , , ��TUTHILL �aaona� �«�r'Enc� � ��„�,�„� �coR�anc�H � D'n�►isicn z� � sas-�s r�x � s�s;�c d TO: DATE: FROM: �?.E; �.. Message: ?om Lawell Octobcr 31, 1995 Vinnc� Jiavanazr.o Brooks SitelPc�nding Area Page 1 of � COMPANY: City af Mendata FAX �: (6121452-3944 Tam: Thank you for taking the time to dascuss our concerns prior to next city council meeting. . Via facsimile, please find a�r,opy af the letter xeceived from the Department of Traasportation stating their wi�ess to accept tit gonding area. Please share this with your staff: I look forward to secing you ne� 'T�.iesday evcniQg. Regards, � Virtce Jiovaz�a,22a to the � OCT-31-95 TUE 01�32 NATIOi�AL ROD ENDS FAX N0, 612 688 2824 lU��nnesota Department o€ Transportatiatt � i�tetropotitan Oivisio� Wsestx 6dgt $uit�i4� , i5t10 Yvcst �auntY Raad B2 Roseviite. Mienosota 55 i I3 582-1300 Octobet 25,1995 Ms. Debra Page I,indquist & Y�nu�z� 428d ID5 Center 8t? Sautb Eighth Stroei MinneapoIis, lti+finnesata SS402 Dear Ms. Page: As we di�swssed ia +�ur phone can�rersatioa af dctober 23,1995, ihe Mirut�svta 17eparrmeat af Tr�po.rtazion is wiltiug to acc�pt thc fc� titic, as a gift, w r2�� p�n�ent pattding r.�er�tent yc►u haYe as described in your eac�ibit xef�rencing to Trra�cct A, of LeMa�s Re-Arr. of Lats 8, I t,12, 13 aad 14 LeI+ri�y'� Additicm. accar�ing to she glat of rxard in �akoca Ccvnty. Please have the deed madc aut ta rhe S#stC of Minnesota, C�mmissio�r af T'ranspc�rtation. Piease mai� the deed w me ut th� this address. Sinr�rely, r - �� K�i#a �3a�cr Mcqro DiYision Right of Way Supen+isor Att Eqxat fJJtporturt�tj• Bnzploytr r BENSON•ORTH ASSOCIATES I N C 0 R P O R A T E D Tuesday, October 24, 1995 Mr. Thomas Lawell City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Tuthill Corporation Dear Mr. Lawell, _ ��I !%-' `� GE ERAL ��c CO TRACTORS Per the request of Council, I took a drive around Mendota Heights and Eagan in an attem � t to find a building of similar qualities and design to the above merrtioned proposed buildir�g. I as surprised, and disappointed, that I was unable to find a gaod match. I discovered that au proposed building is desi�ned with a more expensive product than 90% of the existing bui inc in these areas. It seems that most of the buiklings are either brick for an office structure, r standard blodc and raked finish pre-cast for the industrial buildings. The following wauld be the best guFdeline we can come up with: The c�osest building in design and materials wou�d be the General buil�ing in Mer�dota Heights. Our precast portion of the materials is similar to Apache Hose on Gemini �toad in Eagan, and Prime-Net Data Systems, in Mendota Heights. � Our proposed products are much nicer than 3M on Lexington and Mendot He�ghts Rd, Lennox, and VGC in Mendota Heights. The VGC buikling ha the same "look" or "characte�' but uses a less expansive precast panel. I hope that this brief autline does assist in trying to explain that the Tuthill project, as now, is certainly an upgrade from your standard industrial building. If you have any further questions, commerrts or requests, please call. Thanks again for consi�eration of Tax Incremerrt Financirtig assistance on this project. Respectfully BENSON- ASSOCIATES, INC. � � . Mark St in s President � cc. Vince Jiovanauo 140� I Ridgedale Drive • Suite 320 • Minnetonka, MN 5�305 •(612) 545-5826 ' CITY OF MENDOTA HEiGHTS ., TO: FR(aM: SUBJECT. M ' ! L !►^►it�TC�7 Mayor, City Counci! and City Adminis � October 13, 1995 Lawrence E. Shaughnessy, Jr.. Treasurer Tuthili Cargo - National Rod End Qivision The City has�been approached by the iocal divis�on of the Tuthiii Corparation which is considering tite construct'ron of a 25,0f30 square foot manufacturing ptant �,} on a site which we �refer to as the "Brooks" site. The iand is iocated to the south and east of George's Gotf Range and is served by the Highway 55 Frantage Road. The site is tocated in the Tau tncrement District and is an identified parcei in the Dis�trict. The firm is astcing for assistance in tfie construction of their project through the Tax increment District. The financial data on the ftrture increment is detailed in the attached material. The present value of the future increment of the altowance for fiscal disparity and City administration is estimated to be about $190,000 during the remaining life of the District. � The proposed site is zoned "!" - lndustrial. At #his point, staff has reu�ewed a preliminary site plan that appears to conform wlth the Zoning Qrdinance, however, there may sti!! be some u�resolved issues regarding #he ownership ot the pond. When more detailed site plans are presented, a!! the zoning and ptanning issues wi!! be determined at that time. - The primary reason this matter is before the Councii this evening is to receive Councit`s input regarding the requested use of Ta�c increment financing for this projact. !t is proposed by the devetoper that �pay-as-you-go" (5185,OOOj tax tncrement benefits be paid on this project. This is sim�tar to the TiF arrangements previausty approved for VGC Corporafion and Lennox tndusiries. Further detaits of the TtF request are included in the tetter fram Mr. Jiovanazzo and Mr. Steingas. � ,�; TUTH 1 LL National Rod End �� _ �� coRPaRa�noN � Divisian T�' $88-26Zg Fax �i12'68$-2824 �� October 12, 1995 Mr. Larry Shaughnessy, Jr. City of Mendata Heights 1101 �ctoria Cunre Mendota Heights, MN 55118 Dear Larry: Thank you for meeting with me last week #o discuss our plans to reloca e our manufacturing tacili#y #o your city. Based on ouc canversation and wi#h your assistance I am hopeful we can obtain the financial assistance that can ake our project a�ealiiy. Let me take this oppar#uri�ty to share wi#h yots, you� t�ayar and city council members our plans and intentions. � National Rod Ends inc, has been manufacturing rod ends and spherical in Minnesata since �i 985. {�ur products are soid and dis#ributed wor industrial distributors and OEMs. In July of 1994 National Rod E acquired by and became the sixteenth div�sion of #he Tuthilt Corpc Hinsdale� Illinais. Due to increased growth and future plans for expansion our curreni fac' not accommodate aur needs. Our plans cait for construction of a 25,000 foot office /manufacturing facility on a site large enough to atiow us ta ex, 60�Ci00 square fee# in the fiuture. Nationat Rod Ends currently has 39 emplayees. Approximately one thi�� pcofessional, one third skilted laborers and one third unskitted, Mast oi emptoyees live within a 10 mile radius of Mendata Heights and this is a important consideration of aurs, Our payroll �s in excess of one hai� m dollars per year. We anticipate this site and faality being able to support t 125 ta#ai employees u#ilizing muitipte shifts at a ftatttre da#e: �#` "��r�`��'� � e #o was n af can uare �d to �d is aur very to L� �:5:2j. SEi�sC>N •C�RTH AS�OCIATES INC�ORPORATED Wednesday, October 11, 1995 Honorable Mayor and Gwncil Members City af Mendota Heights 1101 Victoria Curve Mec�data Heights, MN 559'18 �� _ • . '�• s . • s • • •• . • Dear Mayar and Counci! Members, GENERAL COIJTRACTORS in an effort ta b�ing a new business and jobs to the City af Menclo�a Heights, we are submitting a request, an bef�tf of t#�e Tuthill Car�rat�an, for fu�anaa! assistance on fhe propased project through Tax Increment Fnancing. After oonversation arid meetings with ycwr staff� we adcr�cwledge and r+espect the quat'�'�o�ss and restrictions you p�ace on this type of assistance, and feel very confideM that this project and request fits exactly within those guidelines. The Tuthiii Carporation is cantemp�aating a rebcation and business expansion of its National`Rod Ends Division into a 25,000 square faat office/manufaciuring iaa'lit�r valued �n excess of . $1.408�400. WdEiot,rt the assistance af Tax frxxemertt Finanang, the c�st o# this type of expansian may be higher than the business can pmfitably affor+d. This p� wiA L�e a great addition to the Cityy af Mec�ata Heigtztss b� �n job cre�lrion and enhanced tax reverntes. With your ac�ptance of the fin�r�cing assistance� Tuthill has commi#ted to twild a superiar lwilding, The ac+chite�te. upgradet! buildin� m�eriats, and �esut�ng curti �pgeat irom Highway S5, - creates a lwikling that the City w71 be very prcwd of. Some preliminary drawings are alsa irtc�uded within fhe eticbsed pa�cage. Upon recommendation. we have retained Public Resou�+ce GroupE an expert in this iype of finar�ang. #o assist us in the stsuctunng air a"paY-� Y�-S�� tYpQ ProSram. Based upan titeir calculations (a copy af which is attac�ed hereto), and assuming a�uture market value of $1,�,400 for tiie buikling arid=�50,008 fcr land, the tcHa[ estimated amourtt o# increment aaailable will be $31p�000. This artiourrt has been adjusted for fiscal disparit�es; at 34�a, and adminisirative �ast oi 596 through the year 2006. C!n a net prese�i vakse 6asis at 8�, #his equates to $i98�000 of potential assistance to be used ac�oor�ding to the atta�ched &d�edirle:of vahies an the TuthiU project. Sirx:e our estimated valuss oi site impnavemetits is less than the total amcwrrt of assistance ava�ab�e. it is our p�apasal to timit the assistance to the year 2804. ThaNcs again ior ihe opporiunity ta be of serv�ce, and your assistancs in hetping fhe Cify of Mendota Heights and State of Minnesata contirtiue to grow. � PreS[{letiz encl. 4TES, INC, 14001 Ridgedale Orive • Suite 320 • Minnetonka, MN 55305 •(612) 545-8826 ,• r �. , DATE: Octaber �11, 1995 T{�: City of Men�lota Heights FR(�M: Benson-Orth Associates, Generat Conti General ln#ormation: As the General Contractor for ihe Nationat Rod Ends 1 Tuthi!! project propo Mendota Heights, we thought you may be in#erested in a brief history on oi and a lis# af recent businesses that we have assisted in simiCar projects usi Increment Financing. Benson-Orth Associates, Inc. (BOA) commenced business in 1969 in both development and consiruction o# commeraat and ir�dustria! building. Sir►c:� tl we have campleted hundreds af projects including office/warehouse buiiding: and mutti-s#ory office and medical buildings, au#a dealerships, mateis, manuf buildings, strip shopping centers, etc. Every year we are involved in projects from small additior�s to exis#ing bu�tdings {500p sq.ft.} ta targe new carparate (250,000 s.ft.) and everything in between. Vlle are praud af our strong. reputation and high levei of integnty within our i� 'ihough mainly a generat carrtractor� we assisk aur cfients with the camplete development process of their project as well. Our recent and notable Projects: � w 1995 1995 1995 1995 1995 1995 1994 1994 1994 1994 1994 1994 9994 PROJECT NAME Copper Sales 199,0�0 sf Schneiderman's Fumiture 35,000 sf First Team Sports 210,00o sf Power Systems 27,500 sf CSN! Corpora#ion 160,040 sf E& A Products 20,OOU sf B'tl! Hicks & Co Ct},OOU sf McLean Midwes# 135,000 sf l.und Industries . 245,000 sf Norths#ar Gomp. 97,000 sf Rotation Engin. 35,004 sf. DHL Airways 20,000 sf Bentley Instru. 24,000 sf coMMutvi�nr Anoka Woodbury Anoka Chanhassen Brooklyn Park Brooklyn Park Plymouth Champlin Anoka Brooklyn Park Brooktyn Park Eagan Chaska r �d irt company f Ta�c � time, single ranging � Tuthill Corporation ti � Prepared by: Benson Orth General Cantractas n e � �� R � CITY OF MENDOTA HEIGHTS �� TO: Mayor, City Council and City Admini FROM: 7ames E. Danielson, Public Works D' ecx SUBJECT: St. Paul Water Agreement DISCUSSION• In September the Mayor and Councilmember Krebsbach met with Mr. Be� St Paul Water Utility Generai Manager to address four areas of concern that had 1 relative to the proposed new contract. When all those issues had been adequately Mr. Bullert the agreement was put back on the Council's agenda. for appmval. B� meeting the Mayor noticed a new fee that had been added to the contract that pro� Mendota Heights to pay a$1000 monthly charge for St. Paul Water Utility to pro consumption data to be used for our sewer billings. This was a new fee that had � charged the City before. The fee is unique to Mendota Heights because all of St. Utility's other customers are either wholesale customers or have flat rate sewer cb not need the information. Consideration of the contract was postponed and the m; removed from the agenda. 2, 1995 Bullert, i raised lressed by e that d for ; water ;r been �l Water �s and do r was The Mayor and Councilmember Krebsbach once again met with Mr. Bullert address this issue. Upon the Mayor's insistence, Mr. Bullert has now agreed to remove the requirement for a monthly consumption data charge, and has submitted the attached agreemen� reflecting that change aad a number of other�language and clarification changes. ACTION REQUIRED: Review the latest St. Paul Water Utility contract pmposal and if it is accepta authorize the Mayor and City Clerk to execute the agreement on behalf of the City. �a � r.0 roa��"�o �zj;3Ma, �i;- �:.#, � �� z �c.�� . �.;",VI.M�� BOARD OF W�1TER COMMISSIONERS , ° Dino Guerin, President Janice Rettman, Vice President Stephen Haselmann, Commissioner Michael Arcand, Commissioner Michael•Harris, Commissioner November 2, 1995 Mr. James Danielson City Engineer City of Mendota Heights 1101 Victoria Circle Mendota Heights, Minnesota 55118 Dear Mr. Danielson: Enclosed please find the following: 0 1. A revised draft contract with the City of Mendota Fieights dated November 1995. You will note eight changes from the previously submitted and revised contract. The changes have been shaded or strikeout for your convenience. The changes, I believe, reflect recent discussions with yourself and other city officials. 1. 2. 3. 4. 5. 6. Table of Contents revised. Article II, Section 7. - minor language change. Arkicle IV, Section 2. - revised language regarding responsibilities of tank maintenance. Article N, Section 6. - minor language addition. Article V, Section 3. - minor language clarification. Article V, Section 4. - language clarification. SAINT PAUL WATER UTILITY Suite 200 8 4TH ST E Saint Paul, MN 55101-1007 Customer Service Tel (612) 266 - 6350 Fax (612) 292 - 7537 Bernie R. Buller�, Genera! Manager Roger A. Mohror, Cenlral Services Mnnager James L. Haugen, Production Manager James M. Graupmann, Distribution Manager � p�inted on r�ecvc%d Daner w e Mr. 7ames Danielson November 2, 1995 page 2 � 7. Attachment No. 2- eliminated; covered in revised Article IV, 8. � Attachment No. 1- updated data and calculations. After you have had an opportunity to review these changes, please call me at Very truly yours, �� < <� Bernie R. Bullert General Manager RAM/jml Enclosure copy: Roger A. Mohror �n 2. 4. DRAFT� Y CONTRACT FOR WATER SERVICE BETWEEN THE BOARD OF WATER COMIVIISSIONERS AND THE CITY OF MENDOTA HEIGHTS November 1995 TABLE OF COrfTENTS , ARTICLE I. TERM OF CONTRACT/GFNF_RAL PROVISIONS Section 1. Term of Contract . . . . . . . . . . . . . . . . . . . . . . . . . Section 2. Termination for Default . . . . . . . . . . . . . . . . . . . . . Section 3. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE II. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. � ARTICLE III. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. ARTICLE IV. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. WATER SERVICE Board to Furnish Water . . . . . . . . . . . . . . . . . . . . . Water Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of Supplemental Water Supply . . . . . . . . . . . . . . Future Quality Standards . . . . . . . . . . . . . . . . . . . . . Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . Board's Jurisdiction in Mendota Heights . . . . . . . . . . . Storage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . Future Operating Characteristics . . . . . . . . . . . . . . . . Conversion to Wholesale . . . . . . . . . . . . . . . . . . . . . Contract Re-opening Condition . . . . . . . . . . . . . . . . . . . MENDOTA HEIGHTS WATER SYSTEM Mains Constructed by Mendota Heights . . . . . . . . . . . . Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right-of-Way Changes . . . . : . . . . . . . . . . . . . . . . . Supply Main-Installed by Board . . . . . . . . . . . . . . . . Service Connections-Installed by Board . . . . . . . . . . . . Service Connections Guarantee by Board . . . . . . . . . . . Piping, Fixtures, etc . . . . . . . . . . . . . . . . . . . . . . . . Extensions of the System . . . . . . . . . . . . . . . . . . . . . Joint Use of the System . . : . . . . . . . . . . . . . . . . . . Independent System . . . . . . . . . . . . . . . . . . . . . . . . Right to Inspect . . . . . . . . . . . . . . . . . . . . . . . . . . . BOARD TO MAINTAIN WATERWORKS Waterworks Defined . . . . . . . . . . . . . . . . . . . . . . . Board to Maintain System . . . . . . . . . . . . . . . . . . . . Board's Option to Maintain or Replace . . . . . . . . . . . . New Mains/Maintenance by Board . . . . . . . . . . . . . . . Board's Right to Use of Streets . . . . . . . . . . . . . . . . . Street Cleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 1 .... 2 ..... 3 12 12 14 15 15 16 0 TABLE OF COr1TENTS (continued) • ARTICLE V. METERS AND RELATED SERVICES � Section 1. Board to Furnish Meters . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 2. Billing and Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 3. Optional Billing and Collection Services . . . . . . . . . . . . . . . . 16 Section 4. Consumption Data for Sewer Billing . . . . . . . . . . . . . . . . . . . 17 Section 5. Delinquent Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE VI. WATER RATES Section 1. Consumption Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE VII. PROTECTION SERVICE AND HYDRANT USE Section 1. Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 2. Inspection of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 3. Painting of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 4. Hydrant Nozzle Threads . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE VIII. EFFECTIVE DATE OF CONTRACT . . . . . . . . . . . . . . . 19 ,, CONTRACT FOR WATER SERVICE BETWEEN THE BOARD OF WATER CONIlVIISSIONERS , s��1 YCI , CITY OF MENDOTA HEIGHTS This Contract, made and entered into this day of i , 1995, by and between the BOARD OF WATER CONIlVIISSIONERS of the City o Saint Paul, a municipal utility located in Ramsey County, Minnesota, hereinafter called the "BOARD" or � "WATER UTILITY" and the CITY OF MENDOTA HEIGHTS, a municipal rporation located in Dakota County, Minnesota, hereinafter called "MENDOTA HEIGHTS . V'VITNTSSETH: That the said parties, in consideration of the mutual covenants and set forth, have agreed to and with each other as follows: ARTICLE I TERM OF CONTRACT/GFNERAT- PROVISIONS Section 1. Term of Contract hereinafter This Contract shall be for an initial term of twenty (20) years commencing on the day of , 1995 and terminating on the day of , 2015, unless terminated earlier as hereinafter provided. It s expressly under,stood that this Contract may be extended for an additional term of twenty (2 ) years by the written consent of both parties. This Contract may be terminated for default, pr may be 1 cancelled by either party if laws are enacted by the State of Minnesota or the United States of America which substantially and adversely affect rights, duties, or obligations of either party under this Contract. Section 2. Termination for Default Either MENDOTA HEIGHTS or the BOARD shall have the right to temunate this Contract in the �event that the other party fails to comply with any of the terms and conditions of this Contract. An act of default shall include failure to pay charges lawfully due the BOARD under the terms of this Contract and the BOARD shall have the right to terminate water service. Termination of this Contract and/or water service may occur only after written notice setting forth the act(s) of default has been submitted to the other party, and the defaulting party shall have a reasonable opportunity to correct any condition which is cited>as cause for termination of the Contract and/or water service. Reasonable opportunity shall be defined as the time necessary to correct the default under normal conditions and consistent with the facts and circumstances of the default. Notice of default shall be in writing by certified mail to the parties at the following addressees: Mendota Heights City Administrator 1101 Victoria Curve Mendota Heights, Minnesota 55118 General Manager Board of Water Commissioners 8 East Fourth Street 400 Commerce Building Saint Paul, Minnesota 55101-1(}07 2 Section 3. Indemnification � MENDOTA HEIGHTS covenants and agrees to indemnify, save harm�ess and defend the Board of Water Commissioners of the City of Saint Paul, the City of Saint Pa � and any or all of their agents, employees and servants, from any and all claims arising from or that may be claimed to arise from the operation, maintenance, repair or existence of NDOTA HEIGHTS' water system except those occurring by reason of the BOARD'S negli ence. ARTICLE II WATER SERVICE Section 1. Board to �rnish Water Subject to the terms, conditions and provisions of this Contract, the BO agrees to furnish the water requirements of MENDOTA HEIGHTS and its residents f r domestic, commercial, and fire protection purposes under normal static pressure in it mains t the points of connection with MENDOTA HEIGHTS. It is understood and agreed, howe er, that the BOARD undertakes to supply such water only in case the pressure in its mains is sufficient to enable it so to do, and the BOARD assumes no responsibility for failure to s pply water resulting from acts or conditions beyond its control. It is agreed by and between the parties hereto that the terms, provisions an outlined in this Contract shall be applicable only as between the parties hereto a afford to consumers within MENDOTA HEIGHTS any rights or interests hereund 3 conditions shall not Section 2. Water Quatity The quality of water furnished to MENDOTA HEIGHTS shall be the same treated water supplied by the BOARD to its other consumers and shall meet State Health Department standards. Section 3. Use of Supplemental Water Supply No supplemental supply of water shall be connected to the MENDOTA HEIGI�TS' water system being served by the BOARD without the prior approval of the BOARD. This Contract shall not preclude MENDOTA HEIGHTS from establishing a portion of its water system to be supplied from any source approved by the Minnesota Department of Health in areas where water supply from the BOARD is impractical or unworkable, or in such cases where a central water supply system may be constructed and installed for a housing development prior to the time that water mains supplying the area with water purchased from the BOARD can be extended. However, in no case shall there be direct connections between the BOARD'S supply system and other supplies, and when the BOARD'S supply system is practical and workable, the other supply shall be discontinued. Section 4. �ture Quality Standards To promote and provide quality water for MENDOTA HEIGHTS and the BOARD'S service azea, both parties recognize the need for the operation and maintenance of all existing water facilities, and that the construction, operation and maintenance of future water facilities may be required by the BOARD or MENDOTA HEIGHTS to meet present and future primary water quality standards and any secondary water quality standazds deemed necessary or desirable by the BOARD and that such facilities are in the best interest of both parties. 4 H No unreasonable or unnecessary regulation, permit fee or time of delay shall upon either party by the other party which would limit or restrict the construction, o� maintenance of any water facility required to assure compliance with any water qua] mentioned above. Section 5. Rules and Regulations MENDOTA HEIGHTS further agrees that the use and distribution MENDOTA HEIGHTS, derived from the supply furnished from the BOARD, s: be governed by rules, regulations, policies, and conditions which the BOARD adopted for the City of Saint Paul, or which it may hereafter adopt for said city a preservation, regulation and protection of its water supply, including water � conservation, sprinkling restrictions and water use for air conditioning equipment; fully detailed in Board of Water Commissioners Water Code dated February 1, 1S Paul Water Utility Standards for the Installation of �Vater Mains dated July 19 versions thereof. MENDOTA HEIGHTS agrees to enact such results, regulations, policies, into ordinances and make them legally effective and binding within sixty (60) execution of this Contract, and to enact any amendments thereto adopted by the sixty (60) days after being notified of such adoption, and to adopt suitable penal violation of rules, regulations, policies and conditions, and to strictly enforce regulations and requirements. � imposed and standard E water in at all times heretofore cerning the iste, water nd as more i and Saint !, or latest conditions �s after the - ,RD within ies for the �uch rules, Section 6. Board's Jurisdiction in Mendota Heights It is further agreed that the BOARD, through its officers, agents and employees, shall have the same authority and jurisdiction in the enforcement of such rules and regulations in MENDOTA HEIGHTS that: the BOARD has in the City of Saint Paul. Further, MENDOTA HEIGHTS agrees that when complaint is made to it by any of the officers, agents or employees of the BOARD of a violation to the aforesaid rules and regulations, it will take immediate and effective steps to prevent the further violations of such rules and regulations and punish the violators thereof, and that MENDOTA HEIGHTS will make it the duty of its attorney to prosecute any violations of such rules, regulations and ordinances upon complaint being made of the violation thereof by the BOARD or by any of its officers, agents or employees. Section 7. Storage Facilities For areas in MENDOTA HEIGHTS where MENDOTA HEIGHTS desires greater water pressure than that provided by the BOARD'S West Side Booster Service, MENDOTA HEIGHTS at its own expense, shall construct storage facilities to meet peak hourly demands and pumping facilities to supply water to said storage facilities all in accordance with acceptable water industry standards. Additional connections to the BOARD'S system shall be subject to BOARD approval ?�;�r�r:��;€�i:� shall not be arbitrarily withheld. Section 8. �ture Operating Characteristics MENDOTA HEIGHTS may desire to change the operating characteristic of its water system from time to time and may request different or additional connections to the BOARD'S system. In that event, MENDOTA HEIGHTS shall pay all costs associated with providing the @ e required additional facilities. Additional connections to the BOARD'S system shal be subject to BOARD approval and such approval shall not be arbitrarily withheld. . Section 9. Conversion to Wholesale The BOARD and MENDOTA HEIGHTS agree to the option of , �ertin the water system from a retail basis to a wholesale basis in whole or in part as method for ot from the BOARD. Such a conversion may not take place for the first fifteen (15) y date of commencement of this Contract. The BOARD must be given written notice months in advance of the date MENDOTA HEIGHTS desires to make such a the first fifteen (15) years of the Contract. A supplementai Contract agreement tha terms and conditions of such a wholesale conversion must be executed by both the F MENDOTA HEIGHTS. Section 10. Contract R�opening Conditions The BOARD and MENDOTA HEIGHTS agree to re-open this Contract if contracts are significantly changed with other BOARD retail customers. ning water -s from the ;hteen (18) sion; after covers the )ARD and service changes would be defined as changes within the categories of water rate multiplier, length ¢f contract, or revisions to the ownership or representation to the BOARD. ARTICLE III MENDOTA HEIGHTS WATER SYSTEM Section 1. Mains Constructed by Mendota Heights MENDOTA HEIGHTS agrees to construct or have installed, at its adequate and suitable water mains and appurtenances adequate for the distribution within the corporate limits of MENDOTA HEIGHTS in accordance with spec 7 i expense, said water and standards of the BOARD. Plans of all extensions to the MENDOTA HEIGHTS' system connecting to the BOARD'S water supply shall be submitted for approval to the BOARD before advertising for bids, the awarding of contracts and actual construction is begun. The initial water system and any improvements necessary to provide adequate water service for the citizens within MENDOTA HEIGHTS shall be considered development costs necessary to providing water service and these services shall be provided by MENDOTA HEIGHTS at no expense to the BOARD. It is further recognized that the water main replacement program adopted by MENDOTA HEIGHTS is an important system management method. The BOARD shall identify water mains that have a history of maintenance problems and shall notify MENDOTA HEIGHTS where analysis indicates said main replacement is the best cost-effective alternative (replacement policy as shown on Attachment No. 1). Water main replacement shall be considered a MENDOTA HEIGHTS system capital improvement and the responsibility of MENDOTA HEIGHTS. Water main replacement shall be carried out in a reasonable amount of time and as soon as is practical. MENDOTA HEIGHTS agrees to provide the BOARD with "as-built plans" of all extensions or reconstructions of the MENDOTA HEIGHTS system. Section 2. Standards Water mains, appurtenances, services and connections shall be of the same kind of materials and constructed in the same manner and under the same standazds, rules and regulations as are now in effect or as may hereinafter be prescribed by the BOARD for similar installations in the City of Saint Paul or other retail water service communities serviced by the BOARD, or under standards acceptable to the BOARD. _ : e ; A review of the BOARD'S standards, rules, regulations, policies and conditions as they relate to MENDOTA HEIGHTS shall be held with representatives. present irom both MENDOTA HEIGHTS and the BOARD. Either party may request a review and a be scheduled at a time and place agreeable to both parties. Section 3. Right-of-Way Changes Any and all expenses or costs accruing to the water supply system in HEIGHTS in connection with the maintenance, reconstruction, overlaying or streets, alleys or rights-of-way due to change of grade on such streets, alleys, any other change resulting from action of MENDOTA HEIGHTS, County of of Minnesota as such changes affect mains, services and appurtenances within : HEIGHTS shall be the responsibility of MENDOTA HEIGHTS. Section 4. Supply Main-Installed by Board The BOARD will without expense to MENDOTA HEIGI3TS install a thiri in� shall :NDOTA of public ►f-way or i or State NDOTA (30) inch diameter water main to the center line of Delaware Avenue at its intersection with I Wentworth Avenue. It shall be ;MENDOTA HEIGHTS' responsibility to install the either a twenty-four (24) or thirty (30) inch main from Delaware Avenue to December 31, 1997. Section 5. Service Connections-Installed by Board It is agreed that all service connections from the main to the property installed by the BOARD under rules identical with those in effect in the City of as may hereafter be modified by the BOARD. The charges for such service be in accordance with the schedule of charges established �from time to time by the ] � porkion of i Road by e shall be nt Paul or tions shall OARD for customers outside city limits of Saint Paul, provided, however, that the BOARD shall not charge MENDOTA HEIGHTS' customers more than the charges made to any customer in Saint Paul for like service. New applications for water service connections shall be mad� to and through the BOARD, and each applicant shall furnish the BOARD a certified street address established by MENDOTA HEIGHTS. Section 6. Service Connection Guarantee by Board The BOARD will, without expense to MENDOTA HEIGHTS or the owner, make all necessary repairs and maintenance to that part of the service connection located within the public street right-of-way, under rules identical with those in effect in the City of Saint Paul. This shall apply to all existing and future service connections constructed to Saint Paul standards. Service connections from private mains or a system not served by the BOARD'S water supply shall not be guaranteed. Section 7. Piping, �ixture, Etc. MENDOTA HEIGHTS shall, by the enactment of suitable rules, regulations or ordinances, require that all interior piping, fixtures, accessories, or on premises piping in any manner connected to the public water system supplied by the BOARD, shall be of the same materials, installed in the same manner and meet the same standards as are required for the same or similar work in the City of Saint Paul. Section 8. Extensions of the System It is agreed that MENDOTA HEIGHTS shall make no extensions to its distribution system beyond the corporation limits of MENDOTA HEIGH'TS without the written approval of the BOARD. 10 Section 9. Joint Use of the System MENDOTA HEIGHTS agrees to permit the BOARD to make connections �o and have joint use of the water system owned by MENDOTA HEIGHTS as may be extensions beyond the corporate limits of MENDOTA HEIGHTS if deemed desirable by the BOARD and not detrimental to the supply within MENDOTA MENDOTA HEIGHTS may negotiate an additional amount to be charged to c communities outside the corporate limits of MENDOTA HEIGHTS for use of the HEIGHTS water distribution system. Such additional amount shall be cost based on investment and the BOARD shall add said amount to the water bills of those which it applies. The additional amount collected by the BOARD shall be MENDOTA HEIGHTS in accordance with the fees and schedule prescribed ir Section III. Section 10. Independent System The BOARD may in the future desire to extend water service to the corporate limits of MENDOTA HEIGHTS by means of an entirely interconnecting water main or mains. If such separate system is deemed necessary, HEIGHTS shall allow the BOARD to construct the mains within MENDOTA of-way pmvided that the routing of the mains shall be coordinated with MENDOTA City Engineer and approved by the MENDOTA HEIGHTS' City Council, which aF not be arbitrarily withheld. It is mutually understood that the BOARD shall be res all costs associated with the construction of the mains, including the design, 11 �ired for ible and ;IGHTS. ►mers in NDOTA a return �mers to ened to icle V., � beyond and non- :NDOTA CS' right- EIGH'TS' oval shall nsible for on. street restoration and future maintenance of the mains. The BOARD shall reimburse MENDOTA HEIGHTS for staff time and expenses incurred for plan review, and inspection deemed necessary by MENDOTA HEIGHTS. Section 11. Right to Inspect The BOARD, through its officers, agents and employees, shall have the right at all times to examine, inspect and test any materials or workmanship used or to be used in connection with the waterworks system of MENDOTA HEIGfiTS and supplied with water by the BOARD or connections thereto, for the purpose of determining whether or not they comply with the foregoing provisions, and shall have the right to examine and inspect the materials and workmanship and method of installation of house plumbing connecting with said waterworks system for the same purpose. ARTICLE IV BOARD TO MAINTAIN WATER WORKS Section 1. Waterworks Defined Waterworks shall be defined in this Contract to include booster pump stations, water storage tanks, distribution mains, service connections, fire hydrants, valves, water meter systems and related appurtenances. Section 2. Board to Maintain System Except as hereinafter provided, the BOARD agrees to maintain and make necessary repairs to the waterworks system of MENDOTA HEIGHTS supplied with water by the BOARD, to keep the same in proper repair and condition to prevent any waste of water, and MENDOTA HEIGHTS, further agrees that the BOARD may make emergency repairs to the waterworks 12 .� . system of MENDOTA HEIGHTS, and the cost of such maintenance, including stree repair shall : be at the sole expense of the BOARD. � MENDOTA HEIGHTS agrees that at all times, the BOARD shall have � e sole and exclusive control of all water gate valves or similar controlling valves in the OTA HEIGHTS' water system, including mains, hydrants and water service connection . � f • �5• �*i }�� {�'��y� c�cg,:•<•:if • •r,t••r•;?;;:: ..;; ..k: t7:Ri:o�:�i'd�.\'I'� �'i: i,'^2:;•�; c::Cti :::+4bS'�Y�:dro:. ci! t;i::i.6'#4.:' ��{�1�( �:.. 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Section 3. Board's Option to Maintain or Replace The BOARD may elect to replace, within MENDOTA HEIGHTS, any fire hydrant, service connection and water metering system where the cost of maintaining the existing facility exceeds the cost of replacement. The same standards which apply within the City of Saint Paul shall be used by BOARD within MENDOTA HEIGHTS to determine whether replacement is \� ` 14 c justified. Replacement of booster pumps, controls, pump stations, tanks and dist etc. owned by MENDOTA HEIGHTS shall be considered capital improvements responsibility of NIENDOTA HEIGHTS. Section 4. New Mains/Maintenance by Board It is further agreed by and between the parties to this Contract that where r HEIGHTS constructs or contracts for the construction of new mains, services and to be connected to the system and supplied with water by the BOARD pursuant conditions, and provisions of this Contract, that the BOARD shall not be respo maintenance or repairs to such newly constructed additions to the water supply syst year from the date the same have been placed in operation, or until the BOARD MENDOTA HEIG�iTS in writing of the acceptance of such installation, which earlier. Section 5. Board's Right to Use of Streets MENDOTA HEIGHTS does hereby grant the BOARD free and streets, parkways, alleys or public easements within MENDOTA HEIGHTS reasonably necessary for use by the BOARD in maintenance or repairs of the � within the corporate limits of MENDOTA HEIGHTS. NiENDOTA HEIGHTS also agrees that its departments will to the fullest assist the BOARD in the protection of the existing water system and will BOARD in the protecting barricades, stored materials, traffic routings, etc. necessary to maintenance or repair work performed by the BOARD to said system. 15 mains, i are all the �NDOTA urtenances the terms, �le for the n until one as notified �er date is i use of all �s may he �ter system nt possible :e with the it may be Section 6. Street Cleaning : MENDOTA HEIGHTS agrees to keep record of all water used for street sprinkling, street flushing, sewer maintenance or related use and to pay semi-annually to the BOARD at the lowest step rate in effect for MENDOTA HEIGHTS. ARTICLE V METERS AND RELATED SERVICFS Section 1. Board to �lurnish Meters The BOARD shall furnish, install and retain tifle to all customers' meters with full responsibility for maintenance of same in accordance with rules and regulations in effect in the City of Saint Paul. Section 2. Billing and Collection The BOARD shall assume full responsibility for reading meters, billing and collection of accounts. Section 3. Optional Billing and Collection Services SURCHARGE - The BOARD, at the request of MENDOTA HEIGHTS, collects a surcharge, based on the water bill amount, which is added to MENDOTA HEIGHTS' customers' water bills. The surcharge to be applied for 1995 is ten (10) percent. The BOARD collects for 1995 a service fee of two (2) percent of the gross surcharge dollar amount collected for performing the surcharge collection. The net amount collected each month shall be sent the next month to MENDOTA HEIGHTS. The MENDOTA HEIGHTS surcharge percent to be collected and the BOARD'S service fee may be changed upon written notification to the BOARD 16 0 or MENDOTA HEIGHTS respectively. Any BOARD service fee change is to b between the two parties. 1'he surchazge shall he applied to those communities serve� through MENDOTA HEIGHTS' distribution system. � The BOARD may provide billing and collection services for other function by MENDOTA HEIGHTS (for example; sewer, storm water, and refuse) if i • HEIGHTS desires such services from the BOARD. Such services shall be provic properties being provided with water service by the BOARD based on the followit 1. MENDOTA HEIGHTS to pay costs relative to the programming and necessary to implement the optional billing and collection system for which l HEIGHTS will pay the BOARD a monthly payment to be agreed upon by the part ;dib:;'/.4%YrJiCti�Gi5k0 :..................v ....: .. . `., 2. ZiIE B��l� Wlll n,.«a 4w„ «,,. ... .. .. .. . .... . ..... . .. . . �r�i f:�� .�:;: �>��` :� amount collected , , , less the agreed upon collection charge: :µ� <::::: `::�::.::� ::.:t Section 4. Consumption Data for Sewer Billing � .�..... z.. .::;::;...• ::.... .. .::...,.. ....,. . .. .:. �it#;;a��:�:��`��:�:::�'a�"��; t�a't�;� ... n:.:.: nv. � nv�.i: i}/i.C..K n: nvn �::•: i:.....: r\..v}:::::.: �.:::..::.. n4. �.:::::.• 17 negotiated with water performed ENDOTA d only for �t-up costs ENDOTA s hereto. w monthly Section 5. Delinquent Bills 0 Where water bills are not paid and become delinquent, the BOARD will annually provide a list of those accounts to MENDOTA HEIGHTS. MENDOTA HEIGHTS will certify said delinquent accounts to Dakota County for collection along with taxes. The delinquent bill amounts cerkified and collected with the taxes will be forwarded to the BOARD annually, identified by account numbers or address. ARTICLE VI WATER RATES Section 1. Consumption Rates The charges and rates to MENDOTA HEIGHTS' consumers shall be those water rates charged within the City of Saint Paul multiplied by a factor of 1.20. Surcharge rates charged to Saint Paul customers shall not be considered in determining water rates for consumers in MENDOTA HEIGHTS. The multiplier shall be applied to the cunent and any fvture water rate structure which the Board of Water Commissioners adopts and is approved by the City Council of the City of Saint Paul. ARTICLE VII PROTECTION SERVICE AND HYDRANT USE Section 1. Hydrants Hydrant use for purposes other than fire fighting by MENDOTA HEIGHTS shall be subject to the same rules and regulations applied by the BOARD in the City of Saint Paul. 18 � ., Section 2. Inspection of Hydrants An annual inspection of all hydrants located in MENDOTA HEIGH'TS will U by BOARD crews. Repair and maintenance work required on hydrants � in HEIGHTS will be conducted in the same manner as work conducted in the City Section 3. Painting of Hydrants The City of MENDOTA HEIGHTS will paint the hydrants in MENDOTA and shall do so in accordance with the BOARD'S established schedule for such MENDOTA HEIGHTS' standards. MENDOTA HEIGHTS may use a hydrant to distinguish dead end mains, circulating mains and selected criteria. Section 4. Hydrant Nozzle Threads MENDOTA HEIGHTS may also select a standard for hydrant nozzle thre the Saint Paul standard thread, and the BOARD will recognize and maintain the c ARTICLE VIII EFFECTIVE DATE OF CONTRACT This Contract shall not be binding until it has been accepted by reso] BOARD of Water Commissioners of the City of Saint Paul, the Council of the Paul, and the Council of the City of MENDOTA HEIGHTS. 19 e conducted Saint Paul. and :olor code other than thread. of the of Saint IN WIINESS WHEREOF, the parties hereto have caused this Contra�t to be executed as of the day and year first above written. Approved: Bernie R. Bullert, General Manager Approved as to form: Assistant City Attomey City of Saint Paul Approved as to form: City Attorney City of Mendota Heights BOARD OF WATER COMIVIISSIONERS OF THE CITY OF SAINT PAUL By Dino Guerin, President _ By 7anet Lindgren, Secretary By Martha Larson, Director, Department of Finance and Management Services CITY OF MENDOTA HEIGHTS By Its Mayor : Its City Clerk 20 � MAIN REPLACEMENT CRITERIA In accordance with AWWA Guidance Manual "Water Main Evaluation for Rehabilitation/ construction cost estimates, the Saint Paul Water Utility has adopted main replacement c; below. 10-3-95 ement" and as set forth Using average construction and repair costs a main break frequency factor is calculated at whi h it becomes cost-effective to replace a main rather than continue to repair the main. This criteria is illustrated in calculations "below. Restoration by Water Utility will mean that the Utility did its own excava on and street restoration. Restoration by others will mean that the Utility contracted the excavation wo k and street restoration was done through a project at no cost to the Utility. Tfie following criteria is used to calculate this frequency factor: length of main segment useful life of C.I. main - 600 feet - 70 years frequency factor = number of breaks/600 feet/�9�t� �sti::�:�iq�:;�(�:�:�� The Saint Paul Water Utility uses a frequency factor of ��*� breaks per 600' street breaks per 600' street block for paving azeas as shown in the following example: Illustration cost of main relay (8"): restoration by Water Utility restoration by others cost of break repair Restoration by Water Utilitv $ 75/ft. � �<��:��;: $ 2,500 (600 ft.) ($75/ft.) _$45,000 cost to relay 600' of main (8") ($45,000)/(70 yrs.) _ $642.86 per year (�642.86/yr.)/($�,39A �;�flQ/break) = A�b F�� breaks per 600' per (A� f�.�� breaks per 60U' per yr.) (10 yrs.) _��;��tireaks per 600' per 1( Restoration by Others (which includes work done in conjunction with sewer separation, repaving, etc.) (600 ft.) ($33 ;�/ft.) _$�AAA �:�;� cost to relay 600' of main (8") . . . .: ........:::. ($�699 ;�`�x�/(70 yrs.) _ $39A �.�.�.�.'3�t� �per year i$3AA ��/yr.)/(�,3AA �1�llbreak) :::::.::... — 8� �:;� breaks per 600' per ye (A:� (#x�� breaks per 600' per yr.) (10 yrs.) _��:::�rbreaks per 600' per 10 y and � ��:;� No. 1 � To: From: Subject: � i � � • :r : i� � No ember 3, 1995 Mayor, City Council and City Adminis to Kevin Batchelder, Adm7inistrative Assi�" � Metropolitan Livable Communities Act - Proposed Resolution Elec ' g to Participate in the Local Hausing Incentives Accaunt Program INTRODUCTI4N The Metropolitan Li.�abie Communities Act was enacted by the Minnesota �.egislatu in 1995 to address hausing and ather development issues facing the metropolitan . The Metropalitan Council was assigaed the task of implementing this new la.w. The M tropalit� Council has adapted a pr�gram af volantary participation by the metmpalitan area municipalities. Municipalities who elect ta participate will negatiate with the Metropalitan �ouncil to establish housing and life-cycle goals and to develop action plans tn address these egotiated goals. Partacipants in the progra.m wi11 ha.ve access to three garant programs that ad � s affordable and iife-cycle housing, clean up of polluted lands, and neighborhood re '�tion 4n October 12, 1995, ihe City Council held a workshop with Mr. Gunnar�berg and Ms. Judy Hollander, of the Metropolitan Council. to review the pmgram, its struc re and requirements and the options availabie to the City. {Please refer to the information packet distributed at the workshop and the October 12, 1995 Workshop minutes.) The first action for consideration by the City of Mendata Heights under the Metropolitan Livable Communities Act is ta cansider whether Mendota Iieights wi voluntarily participate ia 1996. The deadline for participating in calendar year 199 November 15, 1995 and if the eity deeides tv parta.cipate, it must e2ect to do so by : (Please see attached copy of a pmposed resalution to parkicipate.) At the workshap, a concern was e�ressed about the ability of the City to o� future years if we decide to participate in 1996. The eiection to participate is for t� year 1996 only. The election to participate in the Loca1 Housing Incentives Accou� must be dane on an annual basis for future years after 1996, prior to Navember 15 year. Each year the City must choose to voluntarily participate and may opt out of program at such time. elect to is out in calendar Pmgram � ea.ch ,� Participation in the Metropolitan Livable Communities Act would involve the following actions by the City of Mendota. Heights: . ' 1. By November 15, 1995, adopt a resolution electing to participate in the Local Housing , _. _, - Incentives Program under the Metropolitan Livable Communities Act for=the calendar year of 1996. 2. By December 15, 1995, negotiate affordable and life-cycle housing goals for the City of Mendota Heights. . 3. By 7anuary 15, 1996, the Metropolitan Council must adopt, by resolution, the negotiated affordable and life-cycle housing for each municipality. 4. By June 30, 1996, the City of Mendota Heights must develop an action plan to address the negotiated goals. At the workshop the City Council had a number of follow-up questions for the Metropolitan Council staff and also directed city staff to make inquiries of the other municipalities that will receive priority for the Local Housing Incentives Account funds. The legislation gives priorities to those communities, such as Mendota Heights, that have a net fiscal disparities contribution of $200 or more per household. The following attachments have been provided to address City Couacil's questions and concerns: 1. October 20. 19951etter from 7udith Hollander and Gunnaz Isberg - This letter pmvides answers to some of the specific questions City Council raised at the workshop. 2. Qctober 23, 19951etter from Judith Hollander and Gunnar Isberg- This letter provides answers to specific questions raised by Dakota County communities that are being served by Mr. Isberg and Ms. Hollander. 3. Summary of Comments from Select 'I�vin Cities Suburbs - This summary pmvides details of the comments other municipalities have made and their considerations during their decision making process about election to participate. It appears all the "priority" municipalities are electing to opt in, however, maay have not yet acted on formai resolutions. 4. October 26. 1995 memorandum from Tom Hedges to Dakota County Administrators - This memorandum provides an update on the pmgress of Dakota County communities and their reactions to this Act. Also included in this memo is a discussion of Dakota County communities attempts to cluster for the purpose of ineeting the goais and benchmarks and to cluster under the Dakota County HRA for the purpose of developing a County wide action plan. This attachment includes a draft letter from Gene Ranieri, consultant to the HRA, that provides and overview of housing in Dakota County and a proposal to the Metropolitan Council to allow Dakota County communities to cluster for housing goals. ' 5. October 23. 19951etter from Ms. Debbie Smith - The City received a lette from Ms. Debbie Smith, vice president of the Coalition for Affordable Transitional C� mmunity Housing (CATCI� urging the City Council to opt in to this program. HOUSING GOALS If the City Council decides to participate in the Local Housing Incentives A s un Program, the next step for Mendota Heights would be to negotiate affordable and � e-cy housing goals with the Metropolitan Council. Should the City be unable to reach a mutu agreeable goals statement with the Metropolitan Council by December 15, 1995, o participation in the program would lapse for 1996 and the City would have the opti n of participating in 1997. The City Couacil, at the October 12, 1995 workshop, directed staff to upda the data on housing and development used by the Metropolitaa Council in establishing benc arks and existing conditions ia Mendota. Heights. Council should consider any other d.irectio�s to City staff for the negotiation of housing goals. On November 9, 1995, the Dakota Cou�ty administrator's group is meeting to discuss the pmposed draft letter to the Metropo 'tan Council about clustering under the Dakota County HRA for our goals and action pl�ns. ACTION PLANS The Metropolitan Couacil has stated that Dakota County communities could cluster under the Dakota County HRA for the purpose of adopting an action plan by 7une 0, 1996, if we decide to participate in the program. Dakota County HRA is highly regarded o a statewide and national level for their efforts and accomplishments in the housing na. They are willing to provide the staff and resources necessary to adopt and implement an ction plan. Attached you will fiad a draft Five Year Action Plan prepared by the Dako County HRA. This document describes their accomplishments over the last five years, and based on their pmvision of housing over the last five years, projects what they think they co d accomplish in the 1996-2000 five year period on a county wide basis. ( ACTION REQUIRED City Council should consider electing to participate in the Local Housing In�entives Account Program. If the City Council so desires, they should pass a motion to ado t Resolution No. 95-_, A RESOLUTION ELECTIl�TG TO PARTICIPATE IN THE LOCAL HOUSING INCP.NZTVES ACCOUNT PROGRAM UNDER TI3E METROPOLIT LNABLB COMMUNITIP.S ACT. Council should also consider aay additional ' tion to � staff regazding the negotiation of affordable and life-cycle housing goals with the �etropolit Council. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, A�IINNESOTA RESOLUTION ELECTING TO PARTICIPATE IN , THE LOCAL HOUSING INCENTIVE,S ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE CO � S ACT FOR CALENDAR YEAR 1996 WSEREAS, the Metropolitan Livable Communities Act (1995 Minnesota L,aws Chapter 255) establishes a Metxopolitan Livable Communities Fuad which is intended to address housing and other development issues facing the metropolitaa area defined by the Minnesota Statutes section 473.121; and �+ , the Metropolitaa Livable Communities Fund, comprising the Tax Base Revitali7ation Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and W�REAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitaa Livable Communities Fund or eligible to receive certain polluted sites cleanup fuading from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metmpolitan Livable Communities Act requires the Metropolitan ,, Council to negotiate with each municipality to establish affordable aad life-cycle housing goals � for that municipality that are consistent with and promote the policies of the Metropolitan Council as pmvided in the adopted Metropolitaa Development Guide; and WHEREAS, by 7une 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHF�tEAS, the Metropolitaa Couacil must adopt, by resolution after a public hearing, the negotiated affordable aad life-cycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate ia the Local Housing Incentives Account Program must do so by November 15 of each year; and VVH�REEA5, for calendar year 1996, a metropolitaa area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Progra�m by November 15, 1995; (b) the Metropolitaa Council aad the municipality successfully negotiate affordable and life-cycle housing goals for the municipality; and (c) by 7anuary 15, 1996 the Metropolitaa Council adopts by resolution the negotiated affordable and life-cycle housing goaLs for each community. � NUW TSEREFORE, BE IT RES4LVED by the City Council of the Ci of Mendata. Heights that the City of Mendota. Heights hereby elects to participate in e Local Housing Incentives Program under the Metropolitan Livable Communities Act du ' g calendar year 1996 contingent ugon the fo]lowing conditions. s l. That the Metropolitan Council and the City of Mendota �Ieights successfull negotiate mutually agreeable affordable and life-cycle housing goals for the City of (endota Heights; and 2. That the Metrapolitan Council adopts by resolution the negatiated affordabl� cycle housing goals for the City of Mendata Heights. CITY C4UNCIL CI'.L'Y OF MENDOTA HEIGE By Charles E. Mertensotto, Mayor AZ�T: Kathleen M. Swanson, City Clerk and life- Metropolitan Gouncil Workr,ng for the Region, Plan.ning for the Fluiure �ctober 2�, I�95 Tom Lawell Cit�� Administrato: Cit�� of M�ndata I3ei�hcs 11Cl1 Victoria Curtiw �:�r��ata �-��ights, �rx: a S S l l b '�ear lvlr. Laweil: We enjayed the oppartunity to meet with yoa, ketir. Fatc'r,elder, Mayor Mertensotta, and �iendota. Heights City Council members iast v��eek t� discuss the Livable Comrnunitic.s Act. f�L:4SL2CP.� "4:'�':+.r��_a� G;�:?t?� Q12J' �1S�L.�::CFt �:}i'1Vi12^22 ::':' :�Sz:-�""=12�u }�i�S� F£S�v31S,�. Can �}ie housing zncentives account be ase�i ta pras=icfe housing subsic3ies that wau.� recluce thP "gap" between market cates and affordable �entat rates? ' Yes. There is nothing wi4hin the housing incentives account gui�eiines that woul� preciude �4nding t,'us t;.�pe of l;o�.�sing subsidies. lt shauld be nc�ted, however, thafi the�e "�ap-clasin� ' prcg; ams are qu=te e::pensive, and fundRng :n tlnis account is limited. �,i%�a� tegisla.iave camniittees :��eei discuss �he �..:: ab�le �:Qrcarreurrities .t�ct? i'h� topic of livable commu�vli�s is taken up by c�3riety of legislative r.•on�mittPes. r*� �'r,h Senate, the IvSetro & Locat Gnvernment A.f�airs Cc►mmittee �Ghair: Senator �ickerr,ta�z} deals ti�ritn thzs issu: as do�S I�a Subc��r,r:.ittee on 1��ewropati,.an Affairs. 'I'he C;orai:�itte�: � on Jc�hs, Energy and �oi�ruz7urizty ��.fei�pmerrt ��air: Se:�stor Steve 2�T^ti�a�;� a�so rna.� take up iava�le commzii��ties, and tl�►�y�, tec, fiav� a subc�mmittee that de�ls with jei�., energy, c�mmunit; eie��a�r,�er�: z.r�� }��using. In tt�e Haus�, the Housin� Gomrr�ittee, chair.eu� b}� Fcepres�nfstive Ka.ren Gi�lrtc an�' the Co:nmitt�e on LocaI Gove�ment as�d ��I�trt .Affairs, c��air�� b�r R��zes�;niati;=c s:i�� .�r.�. �1�� de�: ��th liva�l� w�in:��u�itiy� ir�...� � r. � ' �a �n». 1.�ra(1 :(' .�auo5. �i.�l�i` C�•itiiill.i.��ta ii3 i7�.7'ilt �::y i_Gi.t=;: niiCi � �:?z1c' l�',.u.C: J. ,. a��Ft7i3t��}i'11tIO2':S �TC F2�3��• a7d1GT �';C�V�i'ItTiiPt"it StTiICttIT£ iS S�t�FBC�. 'l�� are tr.e `spriorit�-;: comzr:ur.::i�s:' The commur�ities �viin ,�?OO.�ousehc�id �tet fsez�l u:s�ar.ies contributian are: Rogr rs, A�Ienina, F'lymautl�,, �ulder�Vailey, i,t�r.� Lake, '�Ja�zata, Niinnetanka, r�'en Pr�irie, 51ia�:r�peQ, C;1�as�:�, Blnc�nun�fon; �aurr.sYiii�; Etii�ia, Ea�;�r�,•7��1�ni�atw . Heights, ?��Ia�S�E1�=oad, Rose�jitle, :�-��n Hills, Line Lakes, Bayport, Gak Par�:l3ei�A�;s �ius ``��ri�:it;�" appi�es a�:?y i�� t3�e Lnci:l F��+u�:n� _T:�r,:�,^r$ti:��s acco;int. 230 Fast FYfth Street St. Paul, Minnesota 55I01-1634 {g32) 2g1-6359 Fa�c 281-6550 fiDDjTIY 291-4904 Metro Infa Line 229-3780 An F-9ua1 OPportun¢� EmPinler Letter to Tom Lawell October 20, 1995 Page 2� • Is November 15--the deadline for acting on a resoluiion to mandated date? The Livable Communities Act specifically indicates that, "by November 15 i municipality may elect to participate in the local housing incentive account X that the, "(Metropolitan) council shall adopt, by resolution after a public he� negotiated affordable and life-cycle housing goals for each municipality by J 1996." �t is this schedul� �vhich has prompted the Metrepo?itan Council to ; deadline of December 15 by which each municipality submits its negotiated ; legislatively each year, a igram," and zg, the uary 15, d the We hope that this letter answers the questions raised last week. Please let us know i�we can be of any further assistance. Sincerely, , `�1�•(,�a.�t-t(� �it,,Z.rz�w c4�a.�[h ��. Judith Hollander Gunnar Isberg • - _ : I1�Ietropali�an �ou�.ci� Working for the Region, Plattnirr� far 1he Future a .�n�ernat 1V.�emarandu� Date: Octoher 23, 1995 � • To: Cities in Dal:ota Caunty Fram: Tudith Hollander ,�: �',rtznnar Isberg Sub,ject: Responses to Questians about the Livable Carnmunities Act We have completed our visits with each of the cammunities in Dakota County to discuss the i,ivable Cammunities Act. In some cases, we have made return visits to present information ta planning commissions and city councils. During each af these meetings, questions are always raised to which we may nat have the immediate answer. We have now researched some of these questions and decided to share the responses with all ofthe communities through this conespondence. We hope yau find this heipfui. � What is the nature of the Iegislatian reiaiing ta transit/business tax breaks? ' During ths .I994-I995 sessian, Iegislation spansored by Senator Carol Flynn, pravides that any class 3a ccimmerciaU'mdustrial structure, constructed under an initia] building permit issued after Jartu�y 2, 1996, iocated in a transit zone and within a school district, and not primariiy used for retail or transient lodging puxposes, shall have a class ra.te of 4% on its market value xn excess of . Sl{}Q,000 (the current class rate on that property is 4.b%). The iaw also pravides #hat the �°lo rate . shall also apply to any new improvements added under an initial building permit �ssued after 7anuary 2, 2996, to an existing qualif'ying cammerciaU'mdustrial structure Iocated in a transit zone. These changes aze effective for the 1997 assessment,�ta7ces payable in 1998. . The transit zones are currently being identified by the Metropalitan Council, based on the parameters afthe law. � What is the cap on the amovnt of fands that can be atIocated ta the central cities? During a fundin� cycle, no more. than %z of the funds can be allocated to any one city, and no rnore than 3/4 o£the funds can go to the twa centrat cities, cornbi�zed. This cag applies to the Tax: Base Revitaiization account only, � . Locat Housing Incentives Account: How was $1 millron determined for the account? Do dif%rent appropriation levets suggest priorities for dif%rent accounts? Couid individual houses, scattered thraughaut the community, be eligible? For 1996, $1,000,000 is available in the Local Housing Incentives account from the proceeds of salid waste hands issued by the Council; for I997 and each subsequent year, $500,000 is from the Memorandtam to Tlakata Co�nty Cities October 23; 1995 Page 2 Livable Communities Dernonstration Accaunt and for 1998 and each subsec}�Ient yea.r, is availabte from the Cauncii's generai levy. � i �� t X,,ivable Communities Demonstration Account: Would shuttle transit service to aj low- moderate income hoasing project tied to a park-ride lot be a reasonabie project? I The dernonstration account is intended to promote creative projects that increase the of a community, i.e., allows a comrnunity to function better. The concegt of iinking : service with a park-ride lot and a housing project is very appropriate� and a propasal i design this service vvauld seem to fit under the guidelines. Funding the agerating co: service, however, may not be the best use of this account since it is designed to "den concepts. , Tax Base Revitaiization Accaunt: Are deadlines for brawn fieIds the same as the Sites deadiiues? The Cc�uncil is worluig closely with the Department of Trade and Economic Deve two agencies are using the sarne requesi for proposals, the same deadlines and the announcement for the DTED and T� Base Revit��;ization grants. This �atiows con know, at the same time, how much money they have available ta them. Z� the $II�,OOQ figure the assessar's vaiue? This number was calcuiated to reflect a housing ownership cast that wautd be ai% of the regional median irr,come. The number was based on 1994 assessor's market ALOH�A: Are legai fees etigibie? Do existing efforts connt? What if a com spend ALHOA in a particutar year, does the community need to bank the baiance reserve}? What are ALHt}A projections aver time? Legal fees wouid be eligible if used in relation ta a hausing project. Locai resources be make payments on a mortgage for an affordable or life-cycle housing oppartunity creat� the Act, can count toward the expenditures of the municipality's AI,HQA amount, as Ic use of the funds is direetly related to the municipality's effort to rneet its aff'ordable and housing goals. Council staffwill cert%fy a community's ALHOA amaunt annually beginning August 1, calendar 199'7. Althaugh there is no limit on the ALHQA growth amounts per year, � capped at 4% of residentiaUhomestead value. 6 �ttle transit .funding ta of transit ;nt. The days of aes ta ; at 80°l0 doesn't (cash ig used to i priar to ig as the ife-cycle 996 for .HOA is ' .� Memorandum to Dakota Counr}� Cities ' October 23, 1995 Page 3 ISTEA: Do aIt commu�nities have ta �articipate in order to gei bonus paints? Currently, the Councii is consicterin� a gropasal titat would assign 50 bonus points in the TAB/IS'�`EA funding process to those townships that are wholly within the urban service area and cities, that have signed housin� agreements with the councit. In the case that a project covers two or nnore rnunicipalities, these points would be pro-rated among the municipalities involved, never exceeding 54 bonus points per project. If a transit groject is to be implemented in one ar more communities, it wili be assigned the points correspanding to the comrnunities involved, but if the project is not implemented in a specific cainmunity or communities; ariii rather benefits, the whole region, the graject wili be assigned 50 paints. All sponsoring entities such as counties, Mn/DOT, the I-i'istorical Society, etc., are eligible to receive bonus gaints for their projects ifthe communities in which the projects impact, have signed an agreement. � Townships without sewer service must have comprehensive plans, consistent with Council policy to qualify. Do benchmarks relaie to new housing only? Benchmarks arre intended to pravide directian far a community for its future housing decisions�in terms ofaffordability, �Iife cycls hausing, etc. For devetaping earnmunities, the percentages most appropriately applicable to the number of units that are expected to develop during the planning period. �'hat does not, however, mean that the new units must aiways be affordai�ie; a city may elect to reach the objectives using the existing housing stock. . Cau a community change goais over time? For the better? The Iegistation suggests that the goats and action plans be deveioped for the period of 1996-2010. Many have suggested whiie this may be an appropriate time frame to accomplish the goals, it is toa Iong for an actian plan. Aithou�h the current Iaw daesn't specificatiy address changin� the aoa�s over time, the Council staff fully exgects that this will be done, as conditions change. At this time, however, when that would happen, or how it would happen has not been formally discussed or agreed upon. When do we need ta know if a commanifiy plans to cluster? Before January 1996? ' Since clustering is primarily an implementation strate�r, there is not a need to make the decision ta cluster before the action plan is submitted in 3une, � I99b. � Memorandum ta D�kot� County Cities Qctaber 23, 1995 Page 4 � How do we handle MHFA questions/relationships? � The Council staffis currently developing closer worl:ing relationships with the Minne Housing Finance Agenc}r in order to respond better to any questions or issues that arz information about that will be available in the :future. More We hope this informatian is helgful. If you have any additional questions, please cail �.: 3udy at 229-2704; Gunnar at 229-3271. � We will be conta.cting a11 ofyou durin� the next couple oiweeks to see how thin�s are goin,� and whether �r not you are expecting to pass a resotution to participate by I�Tovemher 15, 995. Please let us know if we can be of assistance to you in any way. . •� CITY G1F MENDdTA NEIGHTS . Summary of Comments Received from Select Twin Crties Suburbs on the Implementation of the Metropotitan Livable Communities Act APPi.E VALLEY Rick Kelley. City P(anner (431-8800) Gantacted 4ctober 2fi, 1995 They have held workshops with both their Ci#y Councii and Planning Commission on this subject. They will lil�ely approve a resolution opting into the Livable Communities program on November 7th. The Met Gouncil estabtished benchmacks for housing affordability, life-cycle diversity, and density match fairly well with existing conditions in the community. They will agree to review their development regulations fQr "barriers", but do not believe such changes will accomplish much. Market forces at work in aakota County have a much more pro#ound impact on -" what gets built where and at what price. ARDEN HILLS Brian Fritsinger, City Administrator {633-5fi'76} Contacted October 20, 1995 Their City Council had a work session on the subject on October 19th. They wilt reluctantly adopt a resolution by Navember '{ 5 to opt into the program. Part of the reason for their decision relates to a 5250,000 asbestos abatement grant they currentiy have pending at the state. The grant is now conditioned upon Arden Hills joining the l.ivab{e Gommunities program, and failure to win the grant wil! ki!! an economic deveiopment deal they have been working hard to conctude. Their City Counci!_ is concerned tha# the votuntary program witl soon become mandatory. The goals negotiation process which will follow adoption of the opt-in resotutian will be crucial. There is not much vacant residentia! land !eft in Arden Hills (approximately 40-50 acres), but the reuse of the old arsenal site will open up another 50Q-60Q acres. They hope to direct any required affordable housing constructian to the arsenal land, if and when it becomes available for development. They were found to be low on a1! ber�chmarks as established by the Met Council. Because they have only two apartment buildings, they were par�icularly [ow on the percentage of rental housing avaitable in the city. Metropolitan Livable Communities Act Survey October 20, 1995 Page 2 BAYPORT Ken Hartung, City Administrator (439-2530) Contacted October 20, 1995 , Their City Council on October 2, 1995 adopted the resolution opting into� Livable Communities Program. They have notified the Met Council they ready to negotiate their goals, but to date, have heard nothing from therr� do not have too far to go to meet the Met Council defined benchmarks � BURNSVILLE Greg Konat, City Manager (895-4468) Contacted October 25, 1995 Their City Council will likely adopt the opt-in resolution at their Novembei meeting. Burnsville, with all of its affordable rental housing stock, is not off of the Met Council established benchmarks. They do not anticipate tl goal setting process will be overly difficult. Burnsville is fully within the I boundary, so utility extension issues are not at issue. They are however, concerned about the possible loss of Intermodal Surface Transportation E Act (ISTEA) funding for certain planned improvements. EDEN PRAIRIE Carl Jullie, City Manager (949-8410) Contacted October 20, 1995 Their City Council recently received a presentation from the Metropolitan on the structure of the program. They believe the benchmarks are way t� to set goals close to the benchmark would be unrealistic; would cost S 10 millions to meet. They are also concerned about the recent development; involving Maple Grove and the Metropolitan Council. An agreement had I negotiated between the Met Council and the community, and at the last r the Met Council determined the goals were not high enough. Eden PrairiE concerned about the PR fallout if they choose not to participate-- don't w singled out for criticism. They will probably join in the program by Noven and will then work to hammer out realistic goals. The goals may or may i set by the December 15th deadline. They have a MUSA line extension isi consider in their community. Extension of the MUSA line will require Met approval. They have some confidence that the Governor, who appoints t Council members, will bring a degree of reasonableness to the implementi the Livable Communities Act. The Eden Prairie City Council will make its on this subject on November 7th. ie � now They 6th 0o far at the IUSA cy ouncil � high-- 's of iinute, is int to be ber 15th iot be ue to Council ie Met tion of Metropolitan Livable Communities Act Survey October 20, 1995 ' Page 3 EDINA Gordon Hughes, Asst. City Manager �927-8861) Contact October 25, 1995 On October 16th their Council adopted the resolution opting into the Livabfe Communities Program. They have submitted to the Met Council a draft goals agreement and are awaiting a response. Their community meets the lifecycle and housing diversity benchmarks fairly well, but they are behind on the affordability indices. Their draft goals agreement indicates to the Met Council that Edina will do well to maintain the current percentage of affordability in the future, let alone increase it. Market values in the City are likely to increase faster than inflation, causing some units which currently meet the affordable definition to float into the non-affordable category. They do not know how this argument will be received by the Met Council. They may or may not have their final goals adopted by the December 15th date. Edina is currently 98% developed with some 21,000 current housing units. The Met Council projects that another 400 housing units will be built during the planning period in Edina. Even if all 400 were deemed affordable, the affordability index would only advance 1.5 percent. Edina is willing to examine its zoning regulations as they relate to affordability, but believes there is little to change that will significantly impact the affordability issue. Their minimum lot size is currently 9,000 square feet, but for new subdivisions, lots can be downsized to "fit" wi�h the immediately surrounding neighborhoods. Their density levels are already fairly high and mixed use developments are encouraged. They do require a two-stall enclosed garage on new homes, but find that most new homes in Edina are built with three stall garages. The market desirability of the area has a much greater impact on housing type and price than does the City's zoning ordinance. GOLDEN VALLEY Mark Grimes, Community Development Director (593-8097) Contacted October 26, 1995 Golden Valley's City Council has passed the resolution opting into the program. They are currently working with the Met Council on the goals agreement. They are out of compliance on three of the six benchmarks (lifecycle type, owner/renter mix, and multifamily density). As a fully developed community, they do not see much opportunity to significantly advance the City to the Met Council established benchmarks. They will nonetheless attempt to negotiate reasonable goals with the Met Council by the December 15th deadline. Their decision was not affected by � MUSA considerations or other grant funding issues. Metropolitan Livable Communities Act Survey October 20, 1995 Page 4 � LINO LAKES Mary Kay Wyland, Planning Coordinator (4645562) Contacted October 27, 1995 , They have passed the resolution opting into the program and are currentl on the goal negotiation. They feel compelled to join the program due to � they currently have on the agenda with the Met Council. One is an MUS extension and the other involves a park land swap with the Met Council. have no apartments in the community, and homes being built in the City above the S 115,000 affordable housing benchmark. MEDINA Jeff Karlson, Clerk-Treasurer (473-4643) Contacted October 27, 1995 They have not yet adopted their opt-in resolution, but will likely do so be� their need for the Elm Creek Interceptor Extension. They fall short of the benchmarks established by the Met Council. They have a lot of room lefi Medina, but they believe their land prices mark the addition of affordable difficult. MINNETONKA Ron Rankin, Community Development Director (939-8200) Contacted October 26, 1995 Minnetonka held a worksession between their City Council and Economic Development Authority two weeks ago to discuss this issue. Their comn currently meets the "diversity" and "density" benchmarks as established Met Council, but falls short on the "affordability" benchmark. They will � opt into the program and will attempt to reach agreement with the Met C reasonable affordability goals. They have discussed the option of opting 1996, and perhaps opting out in 1997 if the work plan proves unreasona Also factoring into Minnetonka's decision to participate is the fact that tF and several area legislators were instrumental in developing the Livable Communities Act as a compromise to the more onerous legislative packa proposed by Representative Orfield. Minnetonka is fully within the MUSi future extension issues did not factor into their decision. They are howe concerned about state funding implications for ISTEA projects and future highway improvements. � y working wo items 4 line They �re well ause of six in �y the robably �uncil on n for ile. ;ir Mayor e line so er '-494 Metropoli#an Livabte Communities Act Survey October 20, 1995 Page 5 In terms of zoning ordinance barriers ta affardability, Minnetonka will took into those issues in early 1996. Met Counci! esfiimates Minnetonka is 85 percent developed; the City says it's closer to 95 percent. Will probably have to use more residential PUDs in the future to encourage affordability. Minnetonka is eander the impression that the benchmark percentages are to apply only to new development-- that the existing housing stock is nat to be measured in the calculation. In other words, if the affordability benchmark is fi9-?0°l0, these percentages will only be applied to new developments which came in during 1996 and later. It is not realisfiic to think that a City would ever be able to bring its entire existing housing stock up to the benchmark. OAK PARK HEIGHTS Mike Robertson, City Administratar (439-4439) Cantacted Octaber 26, 1995 Their City has already adopted #he opt-in resotut'ran. They meet a11 of the benchmarks as set forth by the Met Council. The only concern left for them to address with the Met Council invoives a number of affordable housing units which were removed when the new rivar bridge was constructed. They do not want to get the blame for removing these units-- it was strictly a State decision. The onty reason their community is on the Met Council "priority" list is the �sca! disparity impact of having a power plant within t3ak Park Heights. ROSEVILLE Dennis Welsch, Community Development Director (490-2232) Contacted Qctober 2f>, 1995 Roseville has atready adopted the resoiutian opting into the Livabte Communities Program, and they are currently working on their goals and implementation plan. They aiready meet atE of the Met Council defined benchmarks. Qne reason they enthusiastically support the program is the availability of cantamination clean-up funds. They have a number o� polluted industriat sites which need massive clean-up. One six acre site they have already cleaned up using TIF funds cost 53.2 miltion. They have exhausted their TIF reserve funds and need State money to continue their clean-up pragram. t i� „ • • . � � � • . / , . :kr'7�:'�.«:�.� +.i� .��C, �3'�;n'.. :`ir��:'� :-: _�ti.yrt%t%�s�ir;::`a;.+w ,-�i�' . . . , i � MEMO , , T0: DAKOTA COUNTY ADMINISTRATORS/MANAGERS FROM: TOM HEDGES, CITY OF EAGAN DATE: 4CTOBER 25, 1995 . . SUBJECT: UPDATE/LIVABLE CCiMMUNITIES ACT Sorry for #he delay in providing a summary of how each aty� as of October planning to address the I.ivable Communities Ac�. Without an intem to coo Dakota County Managers meetings� etc.� the flow af information is moving sic The following is a summary of the comments shared at the HRA office on c I.akeville � Flan to have a work session wiih tegislatars in attendance fo discus � Communities • Goncemed abou# net vs. � gross acreage numbers •. Raised issues �bou# lSTEA grant fundings � � �- a� Pcorno�i�g the , concep# of c�usterin� ��wifh ��¢. common� goa� � by p a govemmental entities ' � � � • Work sessian pianned at, end af Ociober � 3 Wes# S�. Paul * Plan to join the program; however� the Gity already meets Met Council Burnsville ` � • Appraach�ng E.ivabte Commun�tiss wifh a certain amount af skeptic'ssm • ReQrarted that Bumsville fell short in affardable rental units Inver Grove Heights • Planning to partiapate . . - Reasonably dose #o meeting #he goals • � Sunflsh Lake • Strong interest in ctusiering Rosemount � � • Focus on dustering • Need addi#ionat sani#ary sewer extension to meef densify 1995, is �ate the �y� �ber 6: � Livable �r�at�rin � � �oais � 0 t 5 + t�' •�'1. i r i Ta: Mark � Bob Ericksa�► Tam k�ledgcs Jim Willis � � 'G �IL�MCl�A1V'I�LTM � From: Eugez�e J. R�nieri Date: Uctobet 23,199� �te: Secoad Dra�t of Lett�r W Craig I�pp � En�clased for your mview and eomment is tha sxotid dratt of t}�e le�ter. "Yhe text additions that have hcen snggested a� unclerIincd. Piease re:view w see i� they are � and c�vey your c��cems. �a the overvicw secdoa a phrase was ralacatad ro tbe wd of se�qtxd scntex�cc. Th� mr.eting w�ith Cta�ig is schedttltd for No�rembor 6,1995, at 2p.m. The �ng plax is at thes Eagan CSty'HaII. R-98% 612 339 0654 10-23-95 01:45PM P002 #2? � , a i � N�.. 1 G+�7 t'-5J 1'J1' HY� ��Li�.7 IX f'{w?.7V5�.�i i G.7 - . .�-. f•�.. �1 , , ? . �� i � � � Thc i�maining unitts �re spccial nocds c�r hansin� dev�lopzntnts financtd by ft;deral prog :ue na longcr operative. C1� the 4,7Q� units 2,8? 1 or �'96 ��8 fam�y �ts. � atld'zb housing units, thc County HRA i�as adminiscer+ed sevc�al fedcral and state rehabilitatian grant pm�aros that have impxov�d 4,6Q7 homcs thmnghout the couaty. ; As �e federal gav�nt decreases its cammittaent to sifozdable hausing, tho Cou�riy l Coutnty HRA l�ave camct�tted local re�sow�s tv continuc its housing str.�tegy. Ta � elderly hous�ttg Prt�aw, thc �t2A Board and th� Catutt,� �o2ucd has approvtd t�,c : P��Y ��Y P�t#ed by t�e HR.A. s�tatute {Saxion 469.0331. The� ]evy annurall.y exe millian and �ts greaitr t�an any siagle HRA lcvy mede �u tb�a Mctr�politan Arca. In acU C,ouary HRA duoagh � camplex financing strucbu+� t�at iacludcs t�uc ivac�raz�nt finan� gr.tteral Pactr►+�r in a partnership wifli prir�at� campa�ies that l�ave d�volc��d, own and maz housing fc�r l�e families who ha.ve iuvamcs aver�gin� b�Ilow �18i000. The develop locaied it� Burnsville, Ag�l� ",�'eilcy, �nnd s'rrz��.,�%v� H��-�w. ',�s p�c�; ��t�`. �x� �ywh� in th� state. A st�us rep�ri re�a�cling Fmgr� acfivity is cnclosed for .y�nr �c Tha comt�ztrnt�nt of the Crnmty �oard, ths County HRA, �nd tha citias to plaa and impl cacctpr�hcnsive affordable housing str�t�cgy is euzgair�Il�lcd 'ui ttu rcgion. ia s�mmatiy, Couaty's afforc�able bonsing st�auGtgy oncompasses ti3c following prl�cciples: - county w'tde pro�;.ram de�r�ogm�nt aad cugibility. -�naded with f�rlaral. state, la�, a�id priv.ate ressour+c�s. and - inv�olves coogeratica► of all lavcls of govo�m�s.►t. Tt�so grinciplcs and thc track z�ecord recarclr,d by thG Caunty's affordabl� hoe�siag stral�a be consicicrcd and 3acx�x��3 i��t�-.� p}��r, ta ian�lem�t�i i�c Livu��e +��es Acx�.' �"rt►noga�'• As wra a�pnaach t� A�ct`s fust ds;cisioa point, it is pmhable th�t mast county citics wili c� participat�. Mauy c�ties, hawever, have c�ou�ems rcga�ding t�C sub��ent pt� of i�e Ac and actio�r plans - and if ciustcring c�n be apgkli�d tA one ar both af tb,� �eamaiaiug phascs. {� � � �tiat W Lh�e �n a�nnd :d and � th� s �1.0 rn, the is th� ren#al �ts a� a must [77 �'hc �?ak�ta C'�nnt�y dties grefer that th� County I�kA plm: and #�lesnent thc "Act's" �io pi�t. T�e Couttity FIItA ha� pn�a�d a dra& action plan that p�ects cc�cnt grog�am k:v�is nnt� y�ar 20Qt}. $esed an ttie t+�souccc x&�bn it is e�stim�d tt� - 1.lOQ 8fff�idS$�� p1�� OCCupiCd. tu3it8 t'.81� b� 8dd8t1 taD t�iB G81ukt",�t' S h#ttSiRt�g St#�i�'y �1td - 1,504 ucw r�nt�! units tt�rough t�nant sub�idy, t�ew coastructio� or rchabilitatzaa � bc eddcd. It must be rci#eraGed tha� the �arojcctic►ns are, b$sed oz� tb�se assumgtioa ti�at resa�ees for th� years wi11 appro�mate the Ievei for ttic pr�eding five ye�rs. In lig�, af �im�d'�.n p� aart�c�lar cou d be significantly nduc�d. Tberefare, th� sucucssful imp2om�cntation of an g1a�e is dependent npon resourees that we do �aot contml c�r, it� many cases, could nat r�cx E� � �� / �/r �� I � DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY FIVE YEAR ACTION PLAN FOR THE METROPOLITAN LIVABLE COMI�LRVITIES ACT REPRESENTING THE COMMUNITIES OF: Dated: October 1995 r INTRODUCTION The Metropolitan Livable Communities Act requires that participating co tmities adopt , housing agreements and establish an action plan for housing activities to be un ertaken. In Dakota County, there exists a county wide housing and redevelopment authority w ch addresses the public sector affordable housing concerns in most communities throughout th county. It is anticipated that the communities in Dakota County entering into housing agreefnents would cluster together and utilize one action plan prepared and administered by the Dakota County Housing and Redevelopment Authority (HRA). The plan herein outlines the programs currently offered as well as the effo anticipated to be undertaken in the next five years by the Dakota County HRA. A five year f I e frame was selected to coincide with the Consolidated Plan prepared by the Dakota County HRA. The Consolidated Plan addresses the housing needs and proposed housing activities for 1 of Dakota County for a five year period. The Dakota County HRA endeavors to continue to provide atlxactive, w� 11 managed, affordable housing oppornuuties for families and seniors in communities throug out Dakota County. To the extent funding resources are available, the HRA will continu to provide affordable housing opporlunities to the citizens of Dakota County. DAKOTA COUNTY ESTIMATE OF ADDED UNITS OF AFFORDABLE HOUSING PER PAST AND PROJECTED PROGRAM FUNDING HOUSING CATEGOR1f / 1990-1995 1996 1997 1998 1999 2000 1995'=2 PROGRAM FUNDED Farr�l Elder S. Needs F E SN F E SN F E SN F E SN F E SN TOTAL HOME OWNERSHIP . ...:..,. .......:...:.:.,......... ._..:. .. .:. ::.. ... . :::.. :. ... . , .. ... . _.:�0 ..;i80 b ��3: ` 1�fi� :. t� •0 . 180 '' 0 0. I80 ff 0 :• 9i1�0 Ai�NO1ti7�A�� IT�'ANCI�G . :913 .: .:.1ti4 0 ' 18b: � U' '" � �Achieved throu�: � Mortgage Revenue Bonds Anrival BondingAllacattrn Bond Refundi�s Mortgnge C}edt Certific�es . Fannk 97 (metro) , HOPE III Senbr Housing Co—op :......., ....:.:....:: .....:....:..:.:,:....:...: . : ... ... ... .. . • :. ..:: .. ... D(�WNPAYM@7I'A�SISTANCB : 0 .: . 0: � 0 � , � .50�.:• ... .0 .. ... . . ... . : :.. �.0� : .SQ. 0: .6- : �50 �0 0 `.50. 0 0 ' .. 250 .... ..' 0 . :SQ U: Achieved throu�: HOME Program CDBG Dawrtnayment Asst. Federal Home Laan Bari� (state) ECHO Program (mdro) . . . . . . .: N(yM�dWN�R R�NAg:. : ' i,'i.63_. ' 49'! S`.:. '...1�Z; �'' ff: ;• •: X. .: ]22 ., 0 1' 172 �' b � f ,122 0. 1 17l tl �.. 615 Achievedthrou�: �� Trce Trus • � YrnthBuid MHFA Home Fnergy Loans , DOE Federal Fnergy Progroms Public Utiiies Crn►servatlan Improvement Pragrams CDBG Low Interest/Def. I.onns MI3FA Low Intercst L�ns HOME I.ow Intere�/DeE I.oan MI3FA Blighted Properties Communiq Rehab. � I1gIFANeighborltood Pt�eservA.toa IVIEIFA Purdiase + Rehab � Aa�ssbity Loan Program :....:.. ... . ....::.. .:.:: . ...: ... .. :. ..: :.:. .. . .. . . ..: .. .. . :.. . ..:. SP�►LNi?�5;1'itbGRAMS- � 12. `0. :2lr : ',K2 0 2. �S�• 0 •= Z:; :S2 0 2; S� 0 2. 52 0+ 2 ..•2`;0 CDBG Innd Acqu3stion Habtat for Humanty . Guid Srnth Residences for Persons wth Detebpmtntal D'sabaities West Side IVfiS (WSP) Manu6ctured Housng I DDE • HOMEOVYNFR UNITS: 1 173 497 31 224 0 � 224 0 3 224 0 3 224 0 3 224 0 3 1 135 The nuvfie� EEordable Financeg and Dowrtpayment Assi�ance programs'vecLde elde�lyand special n rticiparts. Yrorto 199�.. .�wnpaymert assi4ance manies wero resernd for persons particq�ating in HRA fir3 time ho_ ,ryer prograa►s. Ht�UStNG CA'TECC}RY / ESTtMATE OF ADDED Un�TS QF AFFORQAB�E HQUSING PER PAST AND PROJECTED PROGRAM FUNDING 1990-1995 1996 1997 1998 1999 EldeHv Sp. Needs F E SN F E 5N F E SN F E RENTAL HOUSING ...:.. .:.. .. ..: ... .....:. :... .. . ...., .:.,.. : . . .. . ,. .: . . ... NBW CBNSTRUCTirDN=` " �: ' �: : : '' 425�'- <.::'` '371:; ' ; `:=: 24 . . Achic�d tlroagh: LawIncome F�gTaxCkedits Federal Iiome Loan Bank Famity Ho�sing Fund TaxItxs'emert Financittg Matgage Revenue Bonds FIRA BridgetConStrucxionLss Fasential Fundion Bonds Sedion 811 MHFA FnancIngAd}. Fada S01(C)3 , Sersion ZQ2 CDBG FamilyL.andAcqu's#ion CDBG Senia L.and Acqatsdion a� ; ii.a �;; � ao �..:: as : � ; 2ao �; .;,: :o � � � ds �o �;. ¢ � : `_:�a3:.:':: � ...: 2000 � 1995-20 F � E SN =TOTAL � ds �ao .. . ...; ... , - . . . .. ..:. . ... •.. . .. RBHAt3.1 PR+t)P�R'tY ACCt. :. • . 342 .: ,. � :. :".' • �:.. �.. •: • .. 0 .::� ' :'.. .. :. 0 :; ... 0. `'. ; 0 ..:; 2Q . ; 0 � 0 =- 0 .. 0 : ...;'-� b 0 � :. 0 0 20 � 0 AchIev�ed tkongh: iiUD Aental Rehab MHFA Rental Rekab PH Sceitaed Site (20S in 1990) . . ,.:... ... . . ,. .. . .. ..: ,. ,..:. . . ... .. , ..:... .. . . .... . �A,TST St1�fiD S't7�5TD�X': :_;; .:..: ' . ;: ::: �: 2dS � �.:::':;;: ><::: �: .. 38'.'.�, ;-;. _ .'.6i :, _ ,:. Achieved tlraugh: Sedion 8 CaitBcata (1387 in 1940) Section 8 Vovehers {2TS in 1490) MHFA RAFS Bridges Max2IXl Mod Rehab Fam#ly HP 3c AP . 3hehar + Care 1.032 410 o� . . � aa� .. . ,,;.:. ...... ..........i...;., ... .:.# ....:. g :'.:; ::; 0`.::.'�'.2.i .:i�t} �. :::��': - :. 7S '>:110....:' 0 `� 2.5 ; 11{�>:�.:.:�I •' 25 120 .: 6_:-: `25 -� .. ....... .. . 1... .. . 1 � • � � (1 155 124 651175 240 251155 40 AFFaRDABLE HSG UNITS• ,� 2.205 907 116 1379 124 681��9 240 2813�9 40 281379 0 28I399 120 281�.,_ In addition to those pro�ramg t'sted haein, Dakota Counly has a variety of homeownaship coutseling resoure.cs available. Potertiat homeownarship caunselingresources inctude: MHFA HomeStretch, Consumet C}edit Counselirig, Faecicsure Prevertion dc RdrtalAss'stance Progam, as well as counseling prog�ams provided thraugh agencies such as West Side NYiS, ete. • 1 DAKOTA COUNTY HRA ACTION PLAN NARRATIVE FOR TI� YEARS 1996•- 2000 The following narrative denotes those activities that will be undertaken by the Dakota County Housing and Redevelopment Authority in an effort to aclueve the affordable housing goals illustrated in Table I of this document. HOME OWNERSHIP Affordable Financing * It is anticipated that 150 units of housing will be purchased annually through first time home buyer programs funded through mortgage revenue bonds from the HRA's bonding allocation and refunded bonds. * Mortgage credit certificates will be reviewed annually as an option to mortgage revenue bonds as the housing market dictates. _ * The HRA will work with Dakota County non-profit(s) organizations such as Habitat for Humanity and Project for Pride in Living to coordinate funding applications for affordable homeownership programs. The purchase of approximately 3 homes per year will be funded potentially with HOPE III, HOME and tax forfeiture land resources. Downpayment Assistance * The HRA will work with those lenders who have participated in past first time homebuyer programs to prepare an application to the Federal Home Loan Bank for downpayment assistance for 50 units of affordable housing. �` HOME Program funds will be utilized to provide downpayment assistance for qualified persons utilizing the HRA's first time homebuyer program. This number is not reflected on Table I, as these units have already been counted in the "Affordable Financing" category. In addition, Dakota County cities will consider the use of CDBG funds for downpayment and closing cost loans. For example, the city of Eagan has set aside funds in 1996 for this purpose. * The HRA will encourage Dakota County area lenders to contact MHFA for participadon in the ECHO Program. The ECHO Program provides downpayment assistance to lower income first time home buyers. Homeowner Rehabilitation * The HRA will apply for 10 Home Energy Loans through MHFA. * An application for 2701oans will be submitted for funding through the DOE Federal Energy Program. *� CDBG funds will fund approximately 220 Low Interest / Deferred Re: qualified homeowners in Dakota County. • * MHFA Low Interest Loans will be utilized to fund home owner rehabilitation of affordable housing. ' * The HRA will make every effort to compile and submit funding applicatio MHFA funding sources for homeowner rehabilitation purposes. Such pra MHFA Neighborhood Preservation, MHFA Purchase + Rehab and MHFA Loans.. It is anticipated that approximately 20 homes will be rehabilitated funding sources. Sgecial Needs Programs * The HRA will work with the Dakota County Chapter of Habitat for funds for the purchase / rehabilitation of lO large family homes. * It is expected that the HRA and Guild South will obtain funding for the � rehabilitation of 10 homes to provide affordable housing to persons with illness. * Throughout Dakota County there exists land zoned for added manufactured a rule, manufactured housing has been viewed as "affordable housing." 7 work with communities to provide an addidonal 50 units of manufactured hoi throughout Dakota County. Loans for 90 units for various ms include �me Energy �ou�h these to obtain and/or mental ising. As HRA will g per year RENTAL HOUSING New Construction * CDBG funds and HOME Program funds will be utilized for the purchase of land for 159 affordable senior housing units. * Land acquisition for the development of 225 affordable large family housing units will be facilitated through the use of CDBG funds and HOME Program dollars. A variety of financing mechanisms as listed in this section on Table I will be utilized to �finance the development of these units. * The HRA will work with Dakota County non-profit organizations such as Accessible Space, Tree Trust, Youth Build, etc. , to coordinate funding applications for the construction of approximately 150 housing units. Rehabilitation / Property Acquisition * Applications for a total of 40 units of scattered site housing will be submitted to the U.S. Deparnnent of Housing and Urban Development in 1997 and 2000. * Program income generated from past use of the MHFA and HUD Rental Rehabilitation programs will be utilized for additional homeowner rental rehabilitadon projects. Tenant Based Subsidy * The HRA will prepare and submit applications for a total of 500 additional units of Section 8 Housing certificates and vouchers. * The HRA will apply annually for additional funding for 50 units through MHFA Rental Assistance for Family Stabilization Program. * The HRA will apply for 50 additional units of funding through the Bridges Program. This program assists people with chronic and persistent mental illness. * An application requesting 50 new units of funding through �the MHFA Family Homeless Prevention and Assistance Program will be submitted. * Five new units through the Shelter Plus Care program will be requested on an annual basis. DEFINITIONS OF AGENCI�S, RESOURCES, AND 501(C) (3) - A charitable, non-profit corporation as designated by the IRS that is , _xeligious, charitable, scientific, literary, educational, testing for public safety, or � cruelty to animals purposes. ANNUAL BONDING ALLOCATION - The Dakota County HRA receives an allocation of $10,000,000 from the State of Minnesota for the operation of afforc programs. BOND REFiJNDINGS - Refunding of prior bond issues through the pre-payments bonowers. for of - bonding by COMMIJNITY DEVELOPMENT BLOCK GRANT (CDBG) - A federal progr that provides annual grants on a formula basis to entitled cities and counties to develop vi ble urban communities by providing decent housing and a suitable living environment, and by xpanding economic opportunities, principally for low and moderate income persons. DEPARTMENT OF ENERGY (DOE) PROGRAMS - Fuel assistance and weathe ' tion programs available to assist homeowners with fuel payments and weatherization imp �ovements of dwelling units. ENTRY COST HOMEOWNERSHIP PROGRAM (ECHO) - Through a partners 'p between the Minnesota Housing Finance Agency (MI�A) and Fannie Mae, funds are availabl for downpayment assistance by combining N�IFA ECHO with Fannie Mae's Conununi Homebuyer's Program with the 3/2 option. MHFA ECHO provides up to $3,000 of downpayment assistance. A borrower must contribute a minimum of 3 percent, the ECHO assistance may be used for the remaining 2 percent of the required 5 percent downpay�ment. ESSENTIAL FUNCTION BONDS - A category of municipal bonds that are exemp't from - federal income taxes as long as it provides no more than 10 percent benefit to private arties. Essential function bonds aze issued by the HRA for public purposes (i.e. HItA owned senior housing developments). FAMILY HOUSING FUND (FHF) - A private non-profit foundation which prc funds affordable housing activities in the Twin Cities. Funds are allocated by the according to their mission, priorities, and fund availability. FANN� 97 - Allows homebuyers earning up to $51,000 to make a downpayment as percent of the mortgage amount. FEDERAL HOME LOAN BANK (FHLB) - The FHLB's Affordable Housing competitive grants and low interest loans to develop and/or rehabilitate rental ho :s and ' Board ittle as 3 �am offers and wliich serve families with income at or below 50 percent median income. FULL CYCLE HOMEOWNERSHIP SERVICES - This is a new program authorized and funded by the 1995 Legislature. HRA's aze eligible for a maximum of $25,000 per yeaz. The purpose of the program is to build or maintain capacity and/or provide finanGial support for eligible entities providing homebuyer training and support. The support can be on either a pre or post purchase basis for low and moderate income homebuyers or owners. An eligible program applicant must meet criteria related to staff training and program experience. GUILD RESIDENCES, INC. - A private non-profit corporation that serves adults who have serious and persistent mental illness. Guild provides group residential treatment services and supportive housing services to help clients acquire, get settled, and maintain their own housing. HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) - A flexible federal grant program, provided on a formula basis, that gives participating jurisdictions the ability to decide how the funds will be used to provide affordable housing for persons at or below 80 percent of median income. Eligible activities include new construction, rehabilitation (both rental and homeowner), homebuyer assistance, rental assistance, and acquisition. HOPE III - Federal funds available to acquire and rehabilitate vacant and/or foreclosed publicly owned properties giving low income families an opporninity at homeownership HRA BRIDGE AND CONSTRUCTION LOANS - Short term construction financing provided by the HR.A. 1�ZANUFACTURED HOUSING - a dwelling unit manufactured in a factory and designed to be transported to a site and semi-permanently attached. MAX 200 - A short term rent assistance program available for eligible seniors on the Section 8 waiting lists. The HRA uses a portion of its HOME allocation as the funding source for this program. - MET COIJNCIL LIVABLE COMMUNITIES DEMONSTRATION ACCOIJNT - The Met Council will have approximately $4 million available annually to fund developments that meet legislative criteria The criteria generally will support proposals that are compact, efficient developments that are close to transit and offer a variety of housing options and employment opportunities. MET COUNCIL LOCAL HOUSING INCENTIVES ACCOUNT - As part of the Livable Communities Act, the Met Council will have $1 million available in 1996 to create affordable and life cycle housing. The funds will require a local match and priority is given by statute to cities that greatly contribute to fiscal disparities. Within Dakota County, the cities of Eagan, Burnsville, and Mendota Heights will have priority. MET COUNCIL TAX BASE REVITALIZATION ACCOLINT - Approximately $6.5 million will be made available by the Met Council for clean up of polluted sites. To apply a city must participate in the Livable Communities Act. ' the funds, MHFA ACCESSIBILITY LOAN PROGRAM - Deferred payment loans that assis' low income homeowners with home improvements directly related to the basic living nee s of a physically disabled person. 1VII�A AFFORDABLE RENTAL INVESTMENT FiJND - This fund consists of evenue &om the state general fund as well as proceeds and investments from agency bond s es. The programs supported by the fund include the large family loan program which has con 'buted to project in Dakota County. The fund also offers low interest bridge loans as well as lo s for projects serving populations with special needs. MFIFA BLIGHTED PROPERTIES COMMUNITY REHABILITATION - for rehabilitation of targeted blighted properties. NII�'A BRIDGES - A rent subsidy program that links housing with social services with severe and persistent mental illness. available persons MHFA COMMITNITY REHABILITATION FUND - A program that permits local governments to use state revenue to conduct a variety of redevelopment and develop ent activities. The funds must be used in a designated neighborhood or geographic azea d can be used for acquisition, demolition, rehabilitation, and financing of new or rehabilitated �ousing. NIHFA DEFERRED LOAN PROGRAM - Deferred payment loans assist low homeowners in financing home improvements directly affecting the safety, habi� efficiency, and accessibility of their homes. , energy MHFA FANIILY HOMELESS PREVENTION AND ASSISTANCE PROG - Provides grants to encourage and support innovations at the county, region, or local level in re esigning the existing homelessness support system or in establishing a comprehensive system. M�IFA FIRST TIME HOMEBIJYER MORTGAGE PROGRAMS - MI-iFA has , variety of programs available for qualified first time homebuyers. MHFA FIX UP FLTNDS - IvIHFA operates 3 fix up funds, the Great Minnesota Fix p Fund, Accessibility Loans, and the Community Fix Up Fund. Each fund provides home im roveme� loans to assist homeowners increase the livability and energy efficiency of their homers. 11gIFA HOME ENERGY LOANS -Available to qualified homeowners to increase efficiency of their homes. 11gIFA LOW INCOME HOUSING TAX CREDIT PROGRAM - Reduces the income tax liability of qualifying rental property owners for up to 10 years. Units available to low and moderate income renters for at least 15 years. The Dakota Cc energy be made HRA annually receives $335,000 in tax credits. The credits have been used to assist in the financing of the HR.A's large family developments. The credits aze authorized by federal' law and could be repealed as of December 1997 if the House tax bill provision is adopted. , MHFA NEIGHBORHOOD PRESERVATION LOAN PROGRAM - Property improvement loans made available for preserving housing within designated neighborhoods. MHFA RENTAL ASSISTANCE FOR FAMILY STABILIZATION (RAFS) - The R.AFS program provides rental assistance payments to families on public assistance �who aze enrolled in a self-sufficiency program. Each participant can receive a rental subsidy of up to $250 per month. MHFA RENTAL MORTGAGE AND REHABILITATION PROGRAMS - Funds available for a variety of low interest loans for the acquisition, rehabilitation, or refinancing of residential rental units. The programs can be used by private owners as well as public agencies. MHFA REVOLVING LOAN PROGRAMS - Rehabilitation financing is made available to low and moderate income homeowners who aze unable to qualify for other types of assistance for improvements that directly affect the safety, habitability, energy efficiency, and accessibility of their homes. MOD REHAB - Low interest loans made to owners of rental units. Owners utilizing mod rehab funds must rent the assisted unit to eligible applicants on the Section 8 waiting lists. When the loan is repaid, the owner has fulfilled their obligation and are no longer required to rent from the waiting lists. Tenants occupying the mod rehab units receive a rent subsidy while living in that unit. MORTGAGE CREDIT CERTIFICATES (MCCS) - Another use of Mortgage Revenue Bonds. In 1994, the HRA issued $12,500,000 MCCs to first time homebuyers. MCCs enable a borrower to convert a portion of their mortgage loan interest deduction to a credit for purposes of reducing their federal income tax liability. MORTGAGE REVENUE BONDS (MRBS) - Issued by the HRA to assist first time homebuyers with the purchase of a home by making below mazket interest rate mortgages available to qualifying families. MRBs have also been used by the HRA to finance affordable rental units for private and non-profit developers. PUBLIC HOUSING SCA1'TERED SITE - HRA owned housing units that are dispersed and integrated into neighborhoods throughout Dakota County. Scattered site housing units offer the tenants anonymity to their occupants and allows the HRA to house families in a low density environment. PUBLIC UTILITIES CONSERVATION IMPROVEMENT PROGRAM (CIP) - Public Utility Commission mandates that heating utilities provide funding for energy conservation. Funding is targeted to low income families. RENTAL REHABILITATION LOAN PROGRAMS - Property improvement to residential rental property owners. . ' SECTION 202 - Capital advances through a federal program to private, non-profit finance elderly housing that also offers supportive services. � SECTION 811- Federal funding available to expand the supply of housing with services. SEIVIOR HOUSING COOPERATIVES - Cooperative or joint operation of a ho� development by those who live in it. A unique form of ownership in that the corpc title to the dwelling units and directly assumes the mortgage, tax, and other obligat to finance and operate the development thereby relieving the member of any direct those items. SHELTER PLUS CARE PROGRAM - A federal grant program that can be used assistance and supportive services for homeless persons with disabilities. SINGLE FANIILY CAPITAL RESERVE PROGRAM - This program assists con meeting locally identified neighborhood revitalization goals through the preservation rehabilitation of the existing housing stock, and provisions of single family homeov�n SUPPORTIVE HOUSING PROGRAM - Federal grants to public and private entities to promote the development of supportive housing and services. TAX INCREMENT FINANCING (TI� - There are 8 ciistricts in Dakota County HRA captures the increase in property taxes. Tlus source of funding has been used variety of housing activities including home ownership, �IRA senior housing, and li moderate income family rental housing. available nsors to �rtive > � �n holds necessary ility for rental ►unities in wluch the a wide and TREE TRUST - A nationally recognized, private non-profit corporation dedicated to�education, employment training, and environmental stewardship. Major sources of funding incl de utility companies, and federal and state agencies. Private foundations and corporations also rovide significant support. TWIN CITIES HABITAT FOR HUMANITY - Habitat forms a partnership with f'lies that need and want decent housing and aze willing to build or renovate in the Twin Cities ea. Habitat, with the assistance of the prospective homeowners, acquires and rehabilitate� the homes. WESTSIDE NEIGHBORHOOD HOUSING SERVICES (WSNHS) - A non-prc organization that serves areas of St. Paul, West St. Paul, and South St. Paul. WSNH variety of programs that are targeted to income eligible households. WSNHS offers financing as well as a variety of homeowner rehab loan programs. offers a Y{)UT�-IBUILD - A program #hat provides specialized training, work experience, and education for yanth, 16 thraugh 24 years of ages, who are at risk of not completing their high school education. and are ecanomically disadvantaged. io8s william ct. Mendata H�s, MN 55120 Octaber 20, 1995 �ear Tvm Lawe11: I am writ.iz�g.�ta yau as a resident vf Mendata Hts, as a member vf.St, justice gxvup, and as a member of CATCH (CvaZitivn far AffordabZe Tr Cvmmunity Hausing) in Dakvta Caunty sirice 1989. Since that time, I need far transitianaljaffvrdahle hvusing sk�rvcket in this caunt�. use fvr wvmen is ever increasing, the repvrting vf dvmestice abuse a subsequent dissvZving vf the hvme situation, as we.2Z as ,7ablessness cvmmunity, have al1 added ta the increasinq need far affardable hous in Mendvta Heights and neighboring cammunities. We hear cvnstantl� who wzsh ta Izve in the areas they grew up in, but simply cannvt due extremeZy high rental rates. Therefvre, I am urginq yvu fxam the battam vf m� heart tv.ap� in�v th Corrurzunities Act aZong with Ma�ai Tom Egan to find affordahZe hauszng Pvr aur vwn residents, parishivners, and pvssibly even .�'amily members have Zearned fram warking with the hameZess, is that we ALL are a.n1y from it vurseZves. We have heZped victi.m�s of fire, viatims vf unemp victims vf illness that have ta wait 3 months until their wvrkman's c through, victims of domestic violence, etc. These are circumstances a11 experience vr �hat vur elderly pazents vr vur yv.unq ahildren may with. Mendota Heights affers a wanderfuZ place to Zive...hut it shou place des.fqnated far thase wha can affvrd $250,000 hames ar mare, ter's sacial itianal e seen �he sheltex the this here m wamen Livable ternatives Wh�t I step away 7........... � p comes at we can ve ta cape n't be a WhiZe I understand that Mendata Hts may be Zand-Iocked, I am told tha� aur city couZd designate funds ta cities Zake Eagan or Inv.e•r. �Grave Heights whe e mare. .r: •;. land is availab.Ze fvr affordabZe units ta be canstructed or refurbishe . PZease cansider �his as an optian for our cammunity. ' Oar Christian tradition teaches us ta be sensitive tv the needs af the orphans, �he t,�idaws, and the disez2franchised in aur camrrtunities. ��Rasising chi dren in a shelter with nv niqhtly rvutine r�f hamewvrk/friends to sZeep vver/cvns'stent sZeeping f'acilities/privacy is na way we wauld want aZ1 vf our childrea tv grvw up. PZease help Mend�ta Heights graw into the cammunity we shauld be, ane:that welcames the wide spectrum af aqes at a11 staqes af their Iives, and a a1I .":%:^�:��• financiaZ 1eveZs. ' Thank you .for letting me share my thaughts with you. Sincerely, _ ��. Debbie Srnith CATCH vice-president St.Peter's Socia.Z Justice member � t � r Mendota Heights Police Department MSMORANDUM � October 26, 1995 TO: • Mayor City Council City Administ FROM: Chief Delmont �� `.,`.� Subject: County-Wide Curfew Ordinance Council previously passed a resolution approving the concept of county-wide curfew law. That law has been effective since Augus , 1995. Because of an apparent miscommunication, it has never been forma ly adopted by our city council. Attached, please find a memorandum dated August, 1995 that explai�ns the County-wide Curfew Ordinance, and amendments to include 17 year dlds in that ordinance. Also, attached is a flyer developed by the Dakot�a County Alliance for Prevention that answers some commonly asked questions about the county ordinance. If I am correct, we are t�e only municipality in Dakota County that has not adopted the ordinance. �- •uu-�.. .� Recommend that the city council adopt Dakota County Ordinance 122 by reference. By adopting this ordinance, rather than passing our o ordinance, we'will eliminate any confusion as to how juveniles arie to be handled or cited under the law. I .' , ' . � m ORDINANCE NO. 122 DAKOTA COUNTY . JUVENILE CURFEW ORDINANCE The County Board of Dakota County ordains: Subd. 1. Purposes and Findings. (a) The Board of Commissioners of Dakota County finds and determines that there has been an increase in juvenile violence and crime by juveniles in the County of Dakota. (b) Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime. - -' (c) Because of the foregoing, special and extenuating circumstances presently exist within this County that require special regulation of juveniles within the County in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors and to decrease juvenile crime rates; and (d) In accordance with prevailing community standards, this Ordinance serves to regulate the conduct of minors in public places during nighttime hours, to be effectively and consistently enforced for the protection of juveniles from each other and from•�other persons, in public places during nighttime hours, for the enforcement of parental control of, authority over, and responsibility for their children, for the protection of the general public from nighttime mischief by juveniles, for the reduction in the incidents of juvenile criminal activities, for the furth�rance of family responsibility and for the public good, safety and welfare; and (e) It is the intent of the County Board to review and evaluate �the .need and effect of nighttime curfew for juveniles set forth in this Ordinance on the incidents of juvenile criminal activity and protection of juveniles against criminal activity. Subd. 2. Authority. This Ordinance is enacted pursuant to the authority granted under Minn. Stat. § 145A.05, subd. 7a (1994). Subd. 3. Definitions. (a) "Authorized adult" shall mean any person who is at least eighteen (18) years'of age and authorized by a parent or�guardian to have custody and control of a juvenile. (b) "County Board" shall mean the Board of Commissioners of Dakota County. Page 1 003 Y / (c) "Emergency" means an unforseen combin, circumstances ar the resulting �state that cal.ls far action. The term includes, but is not limited to, a fire, disaster, or automobile accident or any situation immediate action to prevent serious bodily injury or loss (d} "Juvenile" means a person under the age of e years. The term daes not include persons under 18 who or have been legaliy emancipated. �tion of immediate a natural requiring of 1.ife, en (�.8} marr.ied (e) "Parent�t shall mean any person having legal cu�tody o� a juvenile (i) as natural, adoptive parent, or step-parent; (ii) as a legal guardi.an; or (iii) as a person to whom legal custod has been given by order af th� court. (€) "Public place'� means any place to which the substantial group of the public has access and includes, limited �o, streets, highways, raadways, parks, public entertainmen� or civic facility, schoc►ls, and the camm� hospitals, apartment houses, affice buildings, transport and shops. ic or a : is not .s c,u a.s.va: r areas of :ilities, (g} �rSerious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or pratracted loss or impairment of the f�znctian af any bodily member or organ. � Subd. 4. Prohibited Acts. (a) It is unlaraful for a juvenile under the age of to be present in any public place within Dakota County: (1) any time between 9:Q0 p.m. on any Sunday, Monday, Tuesday, Wednesday, ar Thursday, and 5:00 a.m. of the following day. (2) any time between 10:00 p.m. on any Fr3.day or Saturday and S:Ot� a.m. the following day. (b) It shall be unlawful for any juvenile age twel faurteen (24} years ta be present in any public place wi# County: (1) any time between 10:0o p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. af the following day. (2) any time between 11:U0 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, (c) It shall be unlawful for any juvenile agefi seventeen {1?} years to be in any public place withir�I Page 2 lve (12) (12) to Dakata (15) to County: (1) any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. : (2) any time between 12:01 a.m. and 5:00 a.m. on , any Saturday or Sunday. (d) It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or through negligent supervision, to habitually permit such juvenile to be in any public place within the County during the hours prohibited by Paragraphs (a), (b) and (c) of this Subdivision herein, under circumstances not constituting an exception to this Ordinance as set forth herein. The term ��knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a juvenile under such person's care. " �(e) It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly and habitually permit any juvenile to be in such place during the hours prohibited by Paragraphs (a), (b) and (c) of this Subdivision herein, under circuinstances not constituting an exception to this Ordinance as set forth herein. The term "person operating" shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any such establishment. The term includes the meinbers or partners of an association or partnership and the officers of a corporation. Subd. 5. Exceptions. (1) The following shall constitute valid exceptions to the operation of the curfew: (a) at any time, if a juvenile is accompanied by his or her . parent or an authorized adult; (b) at any time, if a juvenile is involved in, or attempting to remedy, alleviate, or respond to an emergency; (c) if the juvenile is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment; (d) if the juvenile is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the juvenile; (e) if the juvenile is going to or returning home from, without any detour or stop, an official school, religious, or other recreational activi.ty supervised by adults and sponsored by a city or the County, a civic organization, or another similar ent�ity that takes responsibility for the juvenile; Page 3 QOJr ,(f� if the juvenile is on an �errand as direct�d by parent, without any detour or stap; (g} if the juvenile is engaged in interstate travel; (h) if the juvenile is on the public right-of-way sidewalk abutting the juvenile's residence ar � neighboring property, structure, ar residencej • or her .evara or ing the (i) ' if the juvenile is� exercising First Amendme't rights protected by the United States Constitution {ar those simi ar rights protected by Article 2 a� the Constitutian of �he State af Minnesota}, such as free exercise of religian, freedom f speech, and the right of assembly; or , (j} if the juvenile is homeless or uses a public�or semi- public place as his or her usual place of abode. (2) It is an affirmative defense to prosecution under that; {a} the owner, operator or employee of an e promptly notified the palice department that a juvenile on the.premises of the establishment during curfew hours to leave. . 4 (e) present refused {b} the owner, aperator ar empioyee reasanably an in gaod faith re].ied upon a juvenile�s repre�entations of proof of age. Praof of age may be estabiished pursuant to Minn. Sta�. § 3�OA.503, subd. 6, or other verifiable means, including, bu� not li ited to, school identificatian cards and birth certificates. Subd. 6, Enforcement. Befare taking any enforcement action under this sE police afficer shall ask the apparent affender's a+ge and r being in a public place. The officer shall .not issue a ci make an arrest under this section unless the officer r believes tha� an �offense has occurred and.that no exce� forth in Subdivision 5 is applicable. � Subd. 7. Pena].ties. :ion, a san for tion ar set (a) Violation of Subdivisian 4(a), (b) and (c) will be prosecuted pursuant ta Minn. Stat. § 260.195 and wili be s bject to the penalties therein. (b) violation of subdivision 4(d) ar (e) misdemeanor. Subd, 8. Continuing Review and�Evaluation. Page 4 1 be a �d� C I ,; The County Attorney shall prepare and submit a report annually to the County Board evaluating violations of this•Section and the criminal activity by and against juveniles within the County during the preceding year. The first report shall be sub�itted one year after the effective date of Subdivision 9. ,� Subd. 9. Severability. If any court of competent jurisdiction shall adjudge any provisions of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. Subd. 10. Effective Date. . The effective date of this Ordinance shall be August 1, 1995. Page 5 � MD/C94-88a / • I Jo eph A. Harris, Chair ., Dakota County Board of Commissioners Date rJ - f - 9s Attest: � � Date rj_ //- q I vec� as to f ��—,_ � tant Dakota � Page 6 ution: % /%i r �iS' rney/Date I ��V ,. � ��• ' OFFICE OF DAKOTA COUNTY ATTORNEY � JAMES � C. BACKSTROM ::��~ ::_ 1 ?;�c`'� COUNTY ATTORNEY �t;�. '� . '� � : # Dakota County Judicial Center Telephone I SGO West Highway 55 (612) 438•4438 Hastings. Minnesota 55033-2392 Charles A; Diemer, Chief Deputy DATE: TO: M E M O R A N D II M August 11, 1995 Dakota County Police Chiefs Dakota County Sheriff � FROM: James C. Backstrom, Dakota County Attorney ��-�" SIIBJECT: Dakota County Juvenile Curfew Ordinance and Upcoming Gang Meeting As you all know, the Dakota County Juvenile Curfew Ordinance, including 17-year-olds, became effective August 1, 1995. I have been advised by Judge Leslie Metzen, who is currently handling juvenile matters here in Dakota County, that there has been some recent confusion regarding curfew enforcement among teenagers cited for violation, particularly 17-year-olds. I believe that this confusion stemmed primarily from the inability in our original County-wide ordinance to include 17-year-olds which-led some of these young people to conclude there were no curfew restrictions applicable to them, even though city ordinances still applied. With the adoption of the recent amendments to�our ordinance, I believe that this confusion should be eliminated, as it will not longer be necessary for your officers to use both•the County and city ordinances for issuing curfew citations. I hope that your officers will be utilizing the County's uniform juvenile Curfew Ordinance in the issuance of all curfew citations in the future. ' The Dakota Alliance for Prevention recently prepared a one-page summary of our County-wide Curfew Ordinance which I thought might be useful for anyone who is confused about the times and ages that the curfew ordinance applies to. I enclose several copies of this document for your use.and I intend to forward copies to all high schools and middle schools in our County for posting on their bulletin boards. I hope this will help get the message out as to the curfew hours throughout the County. On another topic, in reference to the August 21 Gang Meeting which Don Gudmundson and I recently invited you all to, please feel free to bring one or two additional members of your department along if you would like to;do so. In order that we Criminal Division Juvenlle and Famity Services Divlston Clvil Division Phillip D. ProkoFx�wicz Dcmald F. l3nire. Head Karen :�. Sclk�ffer, HeaU Dlrector of Administration victim/witness Coordinator i� �omia J. Zabel ! �itricia Ro�ikc•n . 30%post-consumer An Gqu�il OF�x�nunity E�nploy�r `�� , � - r � . � ; �r , M�mo to P�olice Chiefs and Sheriff August il, 1995 Page 2 • , have an approximation of how many will be in atter purposes of setting up the room, I would appreciate y Diane Anderson of my staff know if you plan to bring staff inembers to this session. You can reach Diane A 438-8318 and if she's unavailable, you can leave a mess voice mail.• Thank you, and we look forward to seeing y meeting. Very truly yours, JAMES C. BACKSTROM DAKOTA•COUNTY ATTORNEY JCB/sw 6.0/admin/corkhiefs8 �nce f or letting ditional :rson at e on her at this .< %; .. .'.:f .;. ry. ?�:� �” `}I{ ;: ��*�.f.xY {� 't�•: : �..:Y��'%X. .;;3iy�t%j2 �'R"'ii. ; >ze��.;-�; � z'3 � yi�l.�n� "�� •2is . ��`,;;., `�� '�' . � N'� , �i?i",;t:;. ' �., ::��5'�. CONFUSED ABOUT CI:TRFEW? DAKOTA COUNTY JUVENILE CURFEW ORDINANCE EFFECT/VE AUGUST 1, �995 Curtew hours for ail of Dakota county: � Age 12 and under: Sunday - Thursday 9:OOpm - S:OOam Friday & Saturday 10:OOpm - S:OOam � Age 12-14 years: Sunday - Thursday 10:OOpm - 5:OOam Friday & Saturday 11:OOpm - 5:OOam � Age 15 -17 years:Sunday - Thursday 11:OOpm - S:OOam . � Friday & Saturday 12:01 am - S:OOam It is unlawful for any juvenile aged 17 years and under to be present in any public place within Dakota County between the hours listed above. If you have any questions regarding the new curfew ordinance and the possib/e exceptions, p/ease contact your local police department or the Dakota County Attomey's o�ce at 438 4438. f .�. .� �.:. �.t.:.. ' �: � .\ii.n'� � v4�'•:• :i r .�' .�. . • ��'ja �:v:� .:��:1&�� :`f �.�!��:>.y : r,v��.. v.t4.n.H`2'C• %it�.i; : t;:.;;••�;i'F J:�y^• � S•. .�44 ,,t�.> i� ^p y��,� h � S �:c. o�.� . ,:t.�5:::,7`"��':�•�'�'i•�S $� �iri:i�c:��%"�::: ��2:>.:�y;,9' ; :nY• t;.^.,•;}?iS:•,.' ; x, �r ;i:,.: • ..:.. �^%';� � •;:, :. .>,.,,,N .. ..f,�.� f>::>�:� ��{; •. �: ��' ; ». „: >. � � TO: FROM: SUBJECT: . •� CITY OF MENDOTA HEIGHTS MEMO ' , Nove ber 2, 1995 Mayor, City Council and City Administ Kevin Batchelder, Administrative Ass� Discuss Proposed Athletic Stadium Ordinance Over the last year, the Planning Commission has been considering � to the Zoning Ordinance to provide standards for Athlefic Stadiums. Pub hearings were held and a recommended Ordinance was sent to Council i The City Council suggested that the Ordinance be submitted to the City and directed staff to seek comments from St. Thomas, Visitation and Ind School District No. 197. (See attached letters). A subcommittee of Chair Dwyer, Commissioner Friel and City Att held a number of ineetings to discuss the comments that were received appropriate revisions. The attached draft Ordinance was recommended sub-committee and approved by the whole Commission. Copies of this have been forwarded to St. Thomas Academy, Visitation and Independe District No. 197. �nanges ic April. endent ney Hart nd y the rdinance r School The proposed Ordinance adds Athletic Stadiums as a Conditional se in R-1, B-3 and I Districts. The proposed Ordinance defines Athletic Stadiums, r quires an annual lighting license, and includes standards for construction, amplifie noise, lighting, fencing, landscaping and parking. : •►iu �� •� The Planning Commission voted 4-0 to recommend that the City adopt the proposed Athletic Stadium Ordinance. ' •► : • : � If the City Council desires to implement the Planning Commission'; recommendation, they should pass a motion adopting Ordinance No. Ordinance Amending Ordinance No. 401. ncil An . r CITY OF MENDt)TA HEEGHTS DAKOTA COUNTY, MINNESOTA ' t3RDINANCE Nt3. AN QRDINANCE AMENDlNG ORDlNANCE NO. 4Q1 The City Council of the City of Mendota Heights does hereby ordain as follows: SECTION 1 Ordinance No. 401 known and referred to as "Mendota Heights Zoning Ordinance° is hereby amended in the foitowing respects: Section 7.2{91 } should be added to those uses listed as Conditionai Uses in Section 7.2 of the "R-1 "- One Family Residential District to read as follows: 7.2(11) Athletic Stadium when used in canjunction with a secondary schoal located on the same or physically adjacent premises and subject to the provisions of Section 21.6. . Subsection 17.2(2) is hereby amended in its entirety so that as amended it. shall be read as #ollows: 17.2{2) Armaries, Convention Hatis, Sparts Arenas and Athletic� Stadiums when used in conjunction with a trade schoolt an institution of post secandary education or a commerciai en#erprise and in the case of Athletic Stadiums subject to the provisions of Section 21.6. Section 19.2(4) shautd be added to those uses listed as Conditional Uses in Section 3 9,2 of the "1" - lndustria! District to read as follows: 19.2(14} Athtetic Stadium when used in canjunction wi#h a trade school, . an institution of post secondary education or a commercial enterprise subject to the provisions of Section 2'l.fi. • • . i i 11 ��n�tion: For purposes of this ordinance an Athtetic Stadium is an outdoor facility associated with a secondary school, trade school, institution of post secandary education or commercial enterprise that is used for athletic competition, or training and has spectator seating and: c. Is lighted by artificial means; Uses a:public announcement system to communicafe to or � Has a spectator seating capacity of 500 or more. rs; 21.6(1) Location. Each Athletic Stadium shall be located no closer t an 600 feet from a residential structure including accessory structur s. Each � Athletic Stadium must be located immediately adjacent to, o with other direct and adequate access to, a thorough fare as iden ified in the City's approved transportation plan within the City's Comprehensive Plan. 21.6(2) ! ighting License Rea ��•red• In order to ensure that lights have no effect inconsistent with public health, safety and welfare on Iadjacent areas, a yearly lighting license is required for each Athletic S�tadium, including without limitation each Athletic Stadium in existen�e on the effective date hereof. Before such license is issued, the follc�wing standards must be demonstrated: � a. . All exterior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous re idential . districts. b. No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by . pedestrian or vehicular traffic in public right-of-way. c. Lenses, deflectors, shield, louvers and prismatic contr�l devices may be used to eliminate lighting condition which oth rwise fail to comply with this ordinance. _ � d. Reflected glare from exterior lighting shall not be direc�ted into any adjoining property. Reflected glare or spill light m y not exceed 0.5 foot candles as measured on the property ine when abutting residential land. e. The application for the yearly lighting license shall be annually on forms provided by the City. In addition tc demonstrating compliance with the foregoing standar� application shall set forth with particularity the dates, hours of operation and nature of all events during the �year for which it is proposed to use lighting or the pul address system or the expected spectator attendance more. If any applicant thereafter wishes to add event .:J s, the :imes, � 500 or during � the year, an amendment to the lighting license may be issued by xhe City in its discretion and subject to co�5ditions relating to the� public health, safety and welfare as may be required by the City. 21.6(3) Parking• One (1) automobile parking stall for every three seats or six feet of bench shall be provided. One (1) bicycle parking stall for every thirfiy seats or sixty feet of bench shall be . provided each Athletic Stadium. Such off-street parking shall be located within 600 feet of main entrance and located on a thoroughfare as indicated on the City's approved transportation plan. 21.6(4) Amulified Noise. All public announcement systems shall be located and used such that they have no effect inconsistent with public health, safety and welfare on adjacent residential areas. The public announcement system for any Athletic Stadium shall at all times meet the state noise standards set forth at Minn. Rules Chapter 7030, which are incorporated herein by reference, as the same may change from time to time. 21.6(51 Landsca�g and Architecture. All accessory buildings to Athletic Stadia shall be architecturally designed so as to be compatible with the general architectural intent of the area in � which it is located. A landscape plan, building materials, color and design plan shall be submitted and reviewed by the Planning Commission and City Council. 21.6(6) Restrooms. Each Athletic Stadium shall include restroom facilities sufficient to accommodate the maximum capacity of the Athletic Stadium, as set forth in the Uniform Building Code. All restroom facilities shall either be (I) permanent or (ii) portable facilities located within a permanent structure meeting all building code requirements. 21.6(7) Construction. Each Athletic Stadium shall adhere to all building code regulations except, to the extent that additional requirements may be imposed in connection with the grant of conditional use permits. 21,.Fi{8) �encing. Each Athletic Stadium shall be fenced by an foot vinyl clad chain link fence, or approved SUbstitute fence line iocation shaii define the Stadium edge for pt of ineasuring 600 foot distance as provided for in Sec1 ., 21.6t� ). 21.6(9) Other con�jitions. The City reserves the right through powers to appiy other conditions to the Conditionai U . including but not limited to number of security person safety offrcers, seating capacity, number o# events, h operation, and number of night events. Such conditic be imposed at the time that a yeariy [icense is renewe change in a Conditional Use Permit is requested. •� This Ordinance shall be in full force and effect after its publication according to iaw. Enacted and ordained into an 4rdinance this day of � ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIG Charles E. Mertensotto Mayor The •poses �n :s palice : Permit :I and irs of s may , or any �m and 1995. �� , �� --2 I � . . �' Sa�nt Thomas --� Office of the Headmaster ' Apri120,1995 Mr. Kevin Batchelder Administrative Assistant City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Batchelder, This letter is a follow-up to a letter mailed to you from Jack Zahr on Apri.l.13, as well as a follow-up to the letter written by Jack Zahr to Mr. Tom Lawell on Apri14,1995. The purpose of this letter is to ask the Planning Commission to reconsider the proposed athletic stadium ordinance. Reviewing the memo dated March 29,1995, from Kevin Batchelder to the Mayor, City Council, and City Administrator regarding the athletic stadium ordinance, I am most concerned by the significant requirement that is being proposed to be added to the new ordinance [Section 21.6 (9)] which makes such an ordina.nce retroactive and, consequently, applicable to the newly constructed stadium at Saint Thomas Academy. I would ask that Saint Thomas Academy have an opportunity to meet with the Planning Commission and the City Attorney for an opportunity to discuss this retroactive requirement, �as well as clarification as to how and when it would be enforced. ' There are other concerns that Saint Thomas Academy would like to have the opportunity to discuss with the Planning Commission. As Jack Zahr noted in his letter, this ordinance somewhat surprised us, and we had not been prepared--due to the timing of notification--to review this matter with members of our Board of Directors, as well as other school administrators. In addition, we beli,eve it would be of value to the Planning Commission, as well as to the City Council, f.or area school.s (particularly Sibley High School in District 197, the Convent of the Visitation School, and Saint Thomas Academy) to have an opportunity to discuss the impact of such an ordinance on our current facilities along with any future planning. There are specific requirements within the proposed ordinance that (from my reading and limited understanding) need to be addressed. As an example, in Section 21.6 (1), how would this regulation apply to an existing stadium if residential construction, for whatever reason, is built up in the area of a stadium after the stadium's construction? Again, in Section 21.6 (2), regulation a., if residential building occurs after a stadium has been constructed, how would the school or institution have to comply with arranging or rearranging its.,exterior lighting so as to not direct any illumination upon contiguous residential housing which has been constructed after the sta.dium has been constructed? � � 949 Mendota Heights Road . Mendota Heights . Minnesota . 55120 . 454-4570 Saint Thomas Academy - preparing young men to succeed'in college and in life. y ,. , ' Mr. �Kevin Batchelder Apri120,1995 Page 2 In Section 21.6 (2), regulation e., compliance with this regulation may be difficult due to the nature of athletic contests. During a school year, ther cancellations and rescheduling due to weather and other conflicts; there season play; and there would be unanticipated community use. It would possible to be able to address these dates, times, and hours of operation b3 the ensuing year from October 1 to September 30. In addition, does the rE apply to practices where lights would be used but no P.A. system or atten spectators would be applicable? In Section 21.6 (3), I think I understan.d the rationale behind bicycle parl however, again, having completed a stadium, the installation of bicycle � based on that requirement may not only be prohibitive, but, in addition, I sure a school wants to encourage significant parking of bicycles for even This could result in a safely hazard due to the nature of traffic and dark� Considering Sections 21.6 (6) and 21.6 (10), the addition of permanent re, be cost prohibitive to an institution which has already completed its sta.di building, and the "other conditions" tend to be so broad that they leave an open to the possibility of sigrnificant costs which may not be affordable on basis. Again, my request is that Saint Thomas Academy have more of an oppor discuss this proposed athletic stadium ordinance with the Planning Cor prior to any action by the Commission, the Mayor, or the City Council. I suggest that the Athletic Directors from District 197, Convent of the Visit and Saint Thomas Academy could serve as a good ad hoc committee in c with the Planning Commission to work towards the resolution of issues been raised by me and, perhaps, issues raised by representatives from ot within Mendota �Teights. I do appreciate the City of Mendota Heights and the work that they have c Saint Thomas Academy regarding our most recent completion of our sta complex. I do recall that this issue of regulations was one that surfaced discussions with the City Council. It is my hope that we can continue to together regarding these building issues. Sincerely, JB G/krn cc: Mx. Tom Lawell, City Administrator Mr. Jack Zahr, Saint Thomas Academy Athletic Director somewhat � are is post- not be June 1 for gulation dance of am not so ng games. ess. ;rooms could unl institution an annual unity to unission would �tion School, anjunction vhich have ier schools one with iium. 3urin� our Saint Thomas ., - - - Development/Alumni �,dministrative Offices (612) 454-0090 • (612) 454-4570 r��`� t- (�'�� April 13, 1995 Mr. Kevin Batchelder Administrative Assistant City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Batchelder: Thank you for inviting us to submit written comments to the Planning Com.mission regarding the proposed stadium ordinance. It is our feeling that the proposed stadium ordinance should not be retroactive since Saint Thomas Academy fully met all the terms and conditions set forth at the ti.me of construction. We feel that it is unfair to place more restrictions on our school, since we have fully complied with all ordinances. We do appreciate all that the City of Mendota Heights has done to assist us in completing our stadium. Sincerely, �� Jack Zahr Athletic Director JWZ/js 949 Mendota Heights Road . Mendota Heights . Minnesota . 55120 Saint Thomas Academy - preparing young men to succeed in college and in life. 3 . CITY OF MENDOTA HLIGHTS NOTICE OF HEARING March 8, 1995 TO WSOM IT MAY CONCERN: . e NOTICE is hereby given that the Planning Commission of Heights will meet at 8:00 o'clock P.M., or as soon as thereafter, on Tuesday, Ma.rch 28, 1995, in the City Hall Chambers, 1101 Victoria Curve, Mendota Heights, Minnes consider amendments to Ordinance No. 401, specifically, ;ible incil , to 1. To add additional provisions that regulate and provide standards for Athletic Stadiums to be incorpor ted as Section 21.6, Special Provisions. This notice is pursuant to City of Mendota Heightsl Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Zoning Ordinance Amendments will }�e heard at this meeting. � Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon at least 120 hours in advance. If a notice of less t hours is received, the City of Mendota Heights will mak attempt to provide the aids, however, this ma.y not be p on short notice. Please contact City Administration 1850. equest an 120 ; every ssible t 452- CITY OF MENDOTQ HEIGHTS MEMU . November 2, 1995 . TO: Mayar, City Council and City Administ FROM: Lawrence E. Shaughnessy, Jr., Treasurer , , SUBJECT: Property and Liability tnsurance 1t is that time of the year that the City insurance coverage is up fo renewal. The basic policy calls for a premium which is slightly lower than last year {$2,�00}, The coverage is the same with a�50ti deductibte with �2,50 on legat defenses. We are offered several options in addition to our basic policy. include: 1. Open Meeting Law defense cost $948 extra premium. 2. Petro Fund Reimbursement $303 extra premium. in the pas � rejected this coverage. 3. a. Larger deductible coverage. $5,0t�4 per ciaim -$10,400 � aggregate S 1,000 maintenance -$9,200 premium reduction.' b, � 10,OOfl per claim -$2t?,QOC? yearly aggregate $1,Q40 maintenance - S'18,000 premium reduction. Over the past five years, we have had three large claims which our costs with the [arger deductibie. 1. Centex in 1990 - Cost $24,345 - Deductible - 52,500 2. Putnam in 1992 - Cost 523,506 - Deductible -$2,500 3. Livingood in 'i 991 - Cost $12,449 - Deductibie - Q Since we began our insurance reserve several years ago, we have accumulated $45.100 in the reserve. If we wenfi into the larger deducti6 suggest we place the premium savings into the reserve to protect the bu� against a larger claim during the first couple of years. Attached is a breakdown of the Premium Summary. ' •� : • : � Qiscuss which insurance options should be setected for 1996 and insurance coverage. �C��L�37 WQ i1�VE Id effect � City of Mendota Heights Premium Summary PREMIUM SUMMARY r � : :.;> . :: .: . . . .: . .: .: : .: .: .: : : : . : : . . . .: : .: : . : .. . .: . :; � : : : : : : : .: . � : : : : : : : : : .: : : : : : : : : : : : : : . . : : : : : .: . : : . . . : . . . : : : . . .. . . . .. . . : .: : : : : . : .: : .: . . . . . . . . . . . . . . . . . .;:.....:. . .: ,:. : : .::. ;....._.,:.. .. .. . ..... ..:....... .;. :. .:. : . . � .. .:... . .. : . .: `�` .. : � . ..Go��era e: ::: � �� ; :: �s�ima�eii;;�l:�niial>P��ii3f�m: : 1994/1995 1995/1996 .Property $11,069 $10,554 Inland Marine 1,478 1,479 •Boiler and Machinery 1,995 1,413 Fidelity Bond 1,365 1,081 Municipal Liability 62,697 63,172 Automobile Liability 9,567 8,227 Uninsured/Underinsured Motorists 84 56 Automobile Physical Damage 4,132 3,917 Garagekeepsrs 366 304 .. �..�::�:::`;��:€ :: �� .:��: ��:� `�� :��>�� >:;:<:::.�::>;::� . �-��::::. : .. ..:. ::.: :>:� ..: _ :::.:.�,�::.:;::. ... . .;:�.::.::�:� .:::::.:. <..: :,::..:: .::: '::��i.�"di�:; :....::':..'::�::>:.::::'::::=:.:>:.:::..:>:.....`<`;<::.::::�:::�:::<::::{��:...::«.> >;:.:�:�;:>..::`::>' .;..�� :.....::..:..: :...:. :.:.:::...::.:...��.......r........... ................................................................................................ .........................�...... � . . Options: 1. To increase Deductibles in Package to $5,000 per occurrence, $10,000 Aggregate, $1,000 Maintenance ;$9,200 Savings. To increased'Deductibles :in :Package:#o�$10;OOOper occurrence, $20,000 Aggregate, $1,000 Maintenance -`$18;000 Savings. 2. Open Meeting Law - Defense Cost Reimbursement`$948 Additional Premium � � _, 3. Petrofund Reimbursementt$303.Additional Premium 32 10/30/95 mw�ProposaMAENDOTA. DO 6 W.A. I.ANG CO. . - --.__.._. . _ .. .. . . , .. - - c-----,---�- ._..__ ...,.---� �-- , t CITY OF MENDOTA HEIGHTS MEMO � TO: Mayor and City Council FROM: . Tom Lawell, City Administ November 3, 1995 SUBJECT: Planning Service Contract - Dahlgren, Shardlow and Uban DISCUSSION For many, many years the City has contracted for Planning Service the firm of Dahlgren, Shardlow and Uban of Minneapolis. Prior to his reti 1992, Howard Dahlgren himself provided Mendota Heights with these sei Currently another principal of the firm, John Uban, fulfills this role. As hi duties, Mr. Uban is regularly scheduled to meet with planning applicants � other week at City Hall, he then writes an initial planning report for each application, and attends all Planning Commission meetings. In compensa these services, DSU is paid a monthly flat fee retainer amount of S 1,408. expenses. Secondary reports written by Mr. Uban, and other consulting services requested by the City, are billed on an hourly basis above and bE retainer amount. ^ As described in Mr. Uban's attached letter dated August 4, 1995, � current monthly retainer was last adjusted in 1987. Mr. Uban is now req an adjustment in the retainer amount to $1,850 per month plus expenses with a number of additional billing and procedural changes. Mr. Uban's t letter provides a clear description of the proposed changes, so I will not r them here. On November 7th, Council is being asked to consider approv� revised contract, or if the Council would so prefer, other planning service available to the City. ALTERNATIVES A number of service options are available to the City in securing planning services. These options include: Option 1 Accept the revised contract as proposed in Mr. Uban's August 4, 1995. � from ment in primary �ery n for 1 plus mning md the ur esting along io page �I of this options �h quality I dated' Y � Option 2 Propose a counter-offer to Mr. Uban adjusting the monthly i amount and/or service provision arrangements. One option could save on costs would be to continue using DSU for ou services, but to utilize a different, less costly, planner w�thir This option is discussed in Mr. Uban's August 4th letter. Oation 3 Accept planning service proposals from other planning servi to assess whether our planning services are being provided best, most economical fashion. There are relatively few firr Twin Cities which provide this type of service, but I am surE identify 2-3 firms which would be interested in submitting p proposals to us. ACTION REaUIRED Council should review the attached revised planning service propo; submitted by Mr. John Uban, and should provide direction to staff on wh they would like us to pursue. The Council may want to request input fro Planning Commission on this issue as they are most familiar with the typ� quality of planning services currently being provided in support of their d� responsibilities. iner planning the firm. e firms � the � in the we could inning :h option i the and :ies and =11t03l8S 1�:33 August 4,1995 �si2 ��7 �sol �su. ��c. u+:;nr,PC+FnTwO coMsuLzin�c r�.aNNEr.s LANL�SC:AL'E ARCH]TL'C:TS 3�0 FTRST AV$NUE TTOR'CH SUITE 2l0 •• ' MINNEAPOLIS, MN f,3d01 ' 612•33�1�330t� . -►-►-. �rmoz� Post It" brand ta�c transmittal memo Mr. Tom Lawell, City Administzator "". �.vr�.c�o �-.� City af Mendota Heights °°�`' 3 I01 Victoria CuYv� �""` NS a•8 9� t� Mendota Heights, MN 55118 Subjcc� �rofess�ionat City Planning Sen►ice Cantract We have discussed in the past the need for a Professional Service A�,greement with th� Mendota H�ights. Sev�ral years ago we found out that ao official agrecment elcistod defiae our overall scape of services. WG have bxn operating with the general under. bSU provides written reports for atl £i,rst-tim� planning applications beforc the Planr, Connnn,ission, attends two {2) offic� hours afternaons perr month, and attends each rna Plaz]nin Commission mceting. In revitewiag the past records, we had last inarcased the manthly retainer in 1987 to � moath. That is still. the current mantbly retainer, and we hav� obviously incurred the inflation during that timc period; and �ven with my best efforts to streamline snd ma� prc�cesses as e#�cient as possible, I am finding that aur casts ar� much higher than th� rctain.er. I beli�vc there are ways to cl,a�ify our serviccs ta help the City maint�in a hi planning assisteace while keeptng the monthly rctainer at a rcasonabi� Ieve1 for the C Mendota H�ights. The fust option that comcs to mind is certainiy to have one of our other bighiy qualii r.xperienced City Plann,ers tsk� over the work �ar Mardota Heights w�ich wauld red� haurly costs. t7�r understanding is that tbe City o£Mendota Hcights wants a Princip fxrm to do all the work and attend all the meetings, so i belicve that option is not onc wishes to entert�in. The best option to kccpiag plaiut�ng sernice costs at a modest ie� to diff'erentiate betvveen the types of appucations that are being reviewed so that devs businesses directty campensate the City for the cast of the planning revi�w while sin homeowners wha have applications before tho City would not bear any additi.onal rc for their particuiaz request. ' r� ooiioos +t or wrgez ► � t�.L ,t�S Lt..— 39-3.; 3�-sG City of A clearly tandin� that ,408 per �ressutes of ; the monthly ;h l�ve1 of tv af �d and �c the of th� ze City .I would be ypers and ,e family ew wsts =1I103/9S 23:34 $612 33i 5641 DSU, ING. �� MENDOTA H�S �1002/006 N�'. Tom Lawell August 2,1995 Page 2 ThG Ciiy has the suthority to requirc escrow amounts far revicw by developers and applications. This can be used to pay for planning serviccs as additional casts to th retainer. The other item that will be heIpful, is to give the City more choicos in a m the kinds of services they need so that you may control your budget by choosing di or options of services. My tazget Icvel o£ sezvices fvr the basic contract would bc for twa (2j office hou�rs a, month, one �l) Planning Co�nrr�ission Meeting per month, and written planning x�ep� Citizen Agplications. Ta make our serviccs as e�Ficient as possible wi�l entail about month ofPrincipal time and appmximately 4 hours of support sta#�'iime ta provide t servic�. This we caa pmvide fc�r a cost of �1,854 per manth pius reimbursable eacpe; Z have inciuded a proposed Service Contract which outlines basie services and a� ta be considered for tbis requ.estui retJain�r increase. Our choice a� services will flexibility to pravide a s�ong Planning Program, with up-ta-date.planning tools, resgonding ta fim�r� planning issues. � Thc cantcact is submitted to yau in "draft" form so that we may be abie to asnend that you may need clarified pnor to execution. . t�►nce again, Tom, thank you for spending this time reviewing the proposed Contract. it has beea a Iong time since this issua has been addressed with the City, wc shou�d a review the best way we can servc Mendota Heights. I hope to heaz from you soon. Sincerely, DA,�,GREN, S�fARDI,OW, AND XIBAN, X1YC. C. John Uban Principal Enclasures: Servics Cantraet City Pla�ruung '�ime Table style for :at isvels �rnoons per :s an 6 hot�rs pez at kvei af services City elements time � 'll/p3l85 13:34 $612 337 5601 DSU. INC. iNc•CFroR..Tm�� CCINSULTIN� PLANNERS LANI�SCAP� !1RC:HIT�,C'!`S 300 FIRST AVENUE NtaRTFi St,JTTB 220 MINNEAPOLtS, MN SS1U1 G12�339•3SQ0 August 4,1995 Mayar and City Couticil City af Mcndota Heights I 101 Victoria Curve M�ndota Heights, MN 55118 Att�;: Tom �aweli, City' Administrator -�-+-+ MENDOTA CONTRACT FC}R PROFESSIC►NAL PLANI+�Il�TG SERYICES AGREE�'NT eni�:r�d into t�day by ;�,nd betw�n THE CITY �F I��N`D�TA hereinafter sometimcs refe�ned to as thc MUNICIFALiTY, anci DAHLGREN, ; ��1D UBAN, INC:, hereinat�cr sametimes called PLANTlER, relating to the en PLANNF;.Tt as follows: AR.TICLE 1. AREA OF SERV'xCE . That the MUNICYPALITY does hereby employ thc PL�,;NNE1� to render professic sen►ices in and for thc City of Meadota �Ieights, Minncsota, to the extent and kSnd Article 2 below. ARTYCLE 2. SERVICES C;F THE PLAN]!J'ER The pLANNER hereby agrees to xender tho prdfessional services as foltows. A. Attend one (1) Planning Cammission mecting per moath as regularly Mi.iNlCZPALITY. B. Cpnduct offir�e hours twa {2) afternoazis per month at City Hall. Appointme made by City Staffpersonnei during the hours bctween i:3� p.m. and 4:3Q � pwrpose of guiding applicants ia the preparation and processing of laad use c compr�hensiv� glaa changes, rezanings, conditional usc peznuts, varian,ces, plats, planned. unit develapments, wetland permi#s, and crixical azea penmits. @j003/006 .., of the planning ined in by the shall be far the ' 11f03/95 13:3� `8'612 337 56Q1 DSU. INC. -►-+-� MENl}QTA City af Mendata �eights Cantract Augnst 2,1995 C. Preparatian of first tim� wzitten reports of citizen-based applications before i Commission. Additional reports and reports involving commercial and 'dev� review i.e. plats, P.U.D.'s, comprehensive plan changes, rezonings, coxnmer� and signs, etc. sha11 be processed by the MUNiC�PALITY as additional plaz where the Mi.TNICIP'AI.ITY will require the applicant ta provid� escrow fe� F�.ANINERS' costs. � � Conduct liaison with City Staff via phone during normal business hours. Prepaze for Planning Comznission r�view a yeazly pla.nning agenda for be iacluded in the Planning Commissian's yearly work pragram. F. The PLANNER will be avaiiable for specia}. tasks or attendance at additianal staadard billing rates according to the attached Stand��rd Rate Schedule. Offa tand duration greater than the 1:30 g.m. - 4:30 p.m. afteraoon tim� period witl. be 3 xhe standazd billing rate. ARTICLE 3. ADDITIONAL PLAN1vING SER�tICES 1he PL�iNNER hereby agrees to rendez the prafessianal serviccs on a wh�n requested by the ML3NICI.PALITY'. A. Special ��sks as requested by City Staff andlor the Plaaning Commission in t� process of the day-to-day pianning activities of tbe Planning Commission. fi� include City requested reaonings and wmpreh�nsivc plan changes, as well as ordinances and City process documentation and revi�w manuals. Also, srudie lughway corridors and planming arcas as wcll as special issues such as natural based planning and environmentat issues as may be request�d by the MLJNIC : C. � Updating th� MUNIGIPALITY'S cam�rehensive plan, including workshops neighborhood meetings. Geographical Information Serviccs {GIS�, including City mappin� and area maps as may be requcsted by the MUIVICIPALITY. Site visits wb:en autsidc of normal offic� haurs, additional plaz�ning r�view Planning Commissioa, and late azriving or rush glanning reports. t� oo�roos _ Fage 2 : Planning �pment �1 plans, rtg services � cover the issues to 2eetiags at : hours of a ��able at zals basis : narmal :se may �ew � of �esource PAi.ITY. �� rePort for the E. Planuing reparts involving commerciaU�ndus�ial applicants andlor plats including re�onin�s and other requests by comrnercial and development applieants. It is�und�rstoc the MU'1VICIPALITY will use their autharity to escmw funds for t�us addition ,1 r�view. � � 'l1/03195 13:35 '8,`612 337 5602 City af Mendata Heights Contract D5U. INC. August 2, X995 ARTiCLE 4. SERVICES OF THL� Mi.TNrCIPALITY -,-►; I4�NDOT� The MUNiCiPALITY hereby agre�s ta furnish to or make avaiiable for the PLANNE��, without char�e, the following: C,�� . Page 3 , inatio or u�se by A. All material and documents applicable to pertinent Planning Commission ; Such material and documents sha�l be submitted ta the PLANNER no Iess (14) da.ys prior to any meeting at which time thcy are to be coasidered, B. Ma�terials and documents, as detennin�d by the Planner anc3 the City Admin; are necessary for the services to be per�'orm.ed. This will iaclude updated se+ acriai maps, and digital GIS based infarmation fzunished by the County and weIl as histarical documents pertinent to planning z�eview. ARTICLE 5. PAYMENT Th� Cosr of Services descrii�ed an Artic�e 2, A thmugh E shall be at the rate of One Eight Hundred Fifty Dollars �$1,850.04) retainer per month, PaYable within, ti�irty {; areceipt o�'st��nents fallo,�ring the month in which services a�e perform�cd. Reimb� e�cpenses will be in addition to the retainer. A late fee of 1°la p�r month will be addt gaym�nt after 34 days. T'hc month�y retainer wilt incz�ase by 5°!o for each year of s� September 1,1995. Chazges far senrices perfozmcd uader Article 2, ParagraPh F(1vlEUNICIPALITY �q be bill�d ia th� same manner at rates in accordance with tl�e attach�d Standard Rate exccpt that thc services shali not exceed {�ne Hundred Dollars ($100.00} per howr u testimony is invnlved. ARTICLT 6. ADDITTOhTAL SERVZCES PAYMENT Adc�tianal Services shall b� payable according to thc Standard Rate Sch�dul.� and v estimates may bo requcstcd by the NILINICIPALITY prior to authorizing additional ARTICLE 7. OTH�R PARTIES la items. faurteen �r, that maps= �s, as days of for ►ice after shall �� A. Has mutuaily agreed that this Agree�ment is not transferrabl� by eith�r party to i third party without th� written cansent of the oth�r. B. The PLA�R' S reports and other materials grepared in the per�`ormance of s Agreement aze instnirnents of servie� for thc MtJNICIPALIT`Y' and shall be th property of the M[TJNICIPALITY, except original cogies af same whi,ch shali be the pro�►ezty pf the PLANNER_ I `" ��`' 12t03195 13; 35 '8`61.2 337 5601 City of Mendota Heights Cantract . ARTICLE 8. 'I'ERMINATION A. DSU, INC. August 2,1995 -+-•-• MENDOTA � � oosiaos Page 4 This Agreenient may be termiz�ated at any time by either party upon th%rty� (3�) days written notic�. The PLA.�i��R shail be comgensated for all work complete and matcrials expcndcd upon the date oftcrmination by th� MLTNICTPALITY. � B. This Agreement, unless pareviausly terminated, by written notice, shall e September 1, I9�9 at which time, or prior to that time, may be renewed, canceIed at the opt3on of either party. C. This Agreemcnt shall be iun cffect as af Scptembcr 1,1945 , and the services during that period shall be charged accardingly. DA,HLGREN, SI�A�tDLUW, AND UBAN, INC. Jahn W. Shazdiaw, Preside�ax C. John Uban, CEO CITY OF 1�ENDOTA HEIGHTS, MINNESUTA Tom Law�ll, City Ad:ministratoz Mayor, Chuck Mertensoito Attachment: Standard Rat� Sch�dule Date �! Da#e Datc on �� To: From: Subject: CITY OF MENDOTA HEIGHTS November 3, 1995 Mayor, City Council and City Adminis Kevin Batchelder, Administrative Ass' (� Drug and Alcohol Testing for Local Government CDL Drivers DISCUSSION The Dnig Free Workplace Act, passed by Congress ia 1988, requires that er with less than 50 safety sensitive drivers implement a Drug and Alcohol Testing pra 7anuary 1, 1996. Drivers required to have a commercial driver's license (CDL) ane the rules implemented for this law which includes required diug and alcohol testing. is required for drivers operating a vehicle with a manufacturer's gross weight rating of 26,000 pounds. Ten employees in our Public Works department fall into this cat Under the ivles of the Drug Free Workplace Act, drug and alcohol testing is for the following reasons or occurnences: , 1. Pre-employment 2. Post-Accident 3. Random testing (50 percent of the average number of drivers must be tested � for controlled substances and 25 percent must be tested annually for alcohol.; 4. Reasonable Suspicion 5. Return to Duty following a positive test 6. Follow �up In order to have a program that meets the requirements of the federat rules, necessary for the City to adopt a Drug and Alcohol Testing policy, to designate a f ceitified lab for testing and pmvide training for all supervisors of safety sensitive e One hour of supervisory tcaining is required for both the signs and symptoms of dr and for alcohol misuse symptoms and indicators. At this time, we are asking that City Council consider authorizing staff to consortium that will handle the implementation and administration of a Dnig and Testing pmgram, iacludi.ng supervisor training and a federdlly certified lab for te adoption of a Drug aad Alcohol Testing Policy will occur at a future Council m� . . January. ;ram by subject to A CDL in excess will be abuse a The before AMC/MCIT/MEDTOX Drug and Alcohol Testing Consortium I have reviewed several consortiums that would provide Mendota Heights with the services that would meet our needs in complying with the new law. These consortiums are Ken Trdnsportation, the Minnesota Municipal Utilities Association and the Association of Minnesota Counties/Minnesota Counties Insurance Trust/Medtox (AMC/MCIT/Medtox). These consortiums have formed because it makes sense for local governments to combine efforts and avoid duplication of administrative costs and time. Group rates for testing provide economies of scale that individual cities cannot obtain. � � The AMC program has advantages for Mendota Heights because it provides computer generated random sampling to select names for random testing, employee information, record keeping and statistical reports that are required, and the use of Medtox Laboratories for group rate prices. Medtox Laboratories is considered a premier lab by those cities that have been drug and alcohol testing since Minnesota law allowed this in 1988 and has convenient metro area locations that are open 24 hours. (Please see attached flyer and enrollment form.) The primary concerns for CDL drivers is that the random sampling for who is tested is done in a scientifically random manner without manipulation by administration or supervisors and that the testing facility be accurate, procedurally correct and hygienically clean. The AMC/Medtox program is a neutral third party with a tested and proven program. The cost of this �rogram for Mendota Heights would be as follows for 1996: Annuai registration fee (5-10 employees) ...........................$125 Drug testing ($46 per test) estimated ................................. 414 Totai $539 If the City Council authorizes staff to proceed with registering and joining the AMC consortium, we would still have time to register our supervisor's for the scheduled training sessions on November 16, 1995. For the approximate cost of $600 per year to administer and conduct a complex and technically complicated progr�m mandated by the federal government, I believe the AMC/MCIT/Medtox pmgram to be a bargain and would recommend that the City joia this program for the purpose of complying with the federal mandate. ACTION REOUIRED Consider the recommendation to joia the AMC/MCIT/Medtox program. If the City Council so desires, they should pass a motion authorizing city staff to enroll in the AMCMICIT Medtox Drug and Alcohol Testing Program. Note: A lengthy executive summary of the federally mandated testing program was provided to Council with their packet on Friday, October 27. It has not been reproduced for this agenda item, however, a copy can be made if needed by contacting Kevin at 452-1850. � >�y OCT 17 '95 12� 12PM ASSOC OF MN CO�.M�ITIES AMC/MCI'T/MEDTOX DRUG & ALCOH4L Please sign up now for the new easy & coavanient Association of Minnesota Counties/Minnesota Counttes lnsurance 'I�vst {aMCRv[CIT�Medtox drug end alcohol testing program for employees in 9afccy sensitive gosittons, Faderal re�uladons maadatieg this program for a!1 publIc entfties were published February I 5,1994 in tha Fedexel Regtater. ?he regutetions contaie numero�u changes wbich superscde state !aw that allows optioaal druE and alcohol testing in the workplace. These rvtes requir� implemen�adon on Jtnuary 1,1995 for large employers (SQ or moro safety-sensitiva driven� and Januery I,1996 for al! ot6er employere. Wtth few �exaepttons, driver� reqalred to bsve s commerclal drh►�r's Ike�a (CDL) sre:obJect to the sontrolled sab�t�nce �d alcohol testia� rnles. A CDL is required for drivers apernting s vehlcte wlth m manufactnrer's gass wefght catia� in �xcess of 26�aoo pounds� for dr(van who opernte s vehfcle designed to cariy 16 or more p�saengera ' ncluding the driver), or dtivas who operate a vehicle of my ,ize if the vehicle 1s used in the aransportetlon of a placerdable amount of ha�ardoua maxriel. Employer� musc �novide iaf�ocmati� aa drug and aleohol mistise, the employe�fa policy. the t�tieg requirema�t�, �nd how aad where employees cen ga help. A1t inperviion oi ssfety-sen�[th►s �mployea mu�t attead at Ies�t one honr o! tntnia� on the �i�ns snd �ympronis of dru� abn�e aad one honr oi tntdiag an a&ohot mtsuse ty�ptoens and tndkators nud i4 makto� deten�lnsttona !or re4son�6le �wptebn te�t(a�. Pubtic eatida �rn required to use a fedaalty ceRifted �nb� mch �s Mcdtex. �[ar eoaduetie8 NY � speeimea �nalys�. 7be new requiraneMs fcr record kaptng �re ext��iva �nd itgniticant documentuton � roqutred duonghout ti�e tesdn� P��• '�e naw AMCMICTT groar�un wi11 ba admieistered by Medtos I.�bo�a�ot�iu� a prantar �ederaliy catl8ed lab, at a total soat oiS46 per druQ tdt, �rSteA iacloda S?3 p�r 1ab , tat, S20 coikctt�n stt� fes, snd S3 ibr Medle�l Rsvkw Othar (MRO} �svk�►. Non-county pnb]k eat�ia tlsa piY s S'2S0 �nnu�l i�t uakas they have 1 Q ot fewer uibty msttiw emplo�xs. Entitiea w;th 0-S atety seluitiv� drivers �Y s SSO u�aal 1be �u►d 8,ose with 5-10 p�y a S1ZS tneuv tee. Alw iMlud�d in the prop�am aro: r�dom dn�g/alco�wl tatin�. edueufon and trainiA� to meat teqairements otti� ceguiationt, a modal altaho] u�d druQ testtna poltry � Poat•lt� Fax Note 7671 employee information, record keeping statistical reports, blind spximen moa changes in federal xegulations� and cus available 24 hours a day� 7 daya a wee: MC1T is offaing tratnin� se�sione frea who sign up fortha prog�am. 'Ihe sess maet tho two hour supervisory usinin8 provide general infortn�tion on th� reg AMGMCIT/Medwx pmgrarn. customizad �g, updateB on ;r senrice assistance charge for entides a are designed to �airement, and to t#ons and the To sign up, wmptata the initial enrol 'ent farm below. If you have aay Ruther quest€ons, plaase 1 Mary Beth Llmy my or Mike Rhyner et (612} 224-3344. AMGMCIT M�DTOX DRUC3 dt ALCOHOL TESTINO PROGR�M IM'IYAL hNRO FORM (Pkase Print} Entity: Con�act Peison: Addrcss: _ I Phone: Approximt�e Aumbat of Plessa mail or !�c t�: Mike Rhyne=. AMClMCIT 1�S C'hark: Avenua S� Pwl, MN SSl03 Phone: 612�?A-3344 Faxt 612•224-bS44 drivers: OCT 1? ' 95 12:13PM ASSOC 0� MN CtJl.INTIE�a ASSOCIAt{O�t' Q� ��.J ', ,. 6w`tN£SOTA COUNTES .. � M�� AMC/IvICIT'1MEDTC3X DRUG & ALCOH4L TESTING REGISTRATION . P,2 Below is a registration form for two new fall training sessionr far ihe AMC/MGIT/MedTox drug & alcohoi testing program. These sessions are free of charge for entities who �sign up for the pro�arri. The training is desi�ned to me�t the federal two haur sup�rvisory training requirements ut�der ihe f.}mnibus Transportation Emplaye� Testing Act, and to provide genera! informa.tion an the regulations and the AMC/MCIT/MedTox Pmgram. �❑ � Wednesday, November 1 S' 1945, Eden Prairie, I�TN, 8:{}0 a.m. -12:30 g.m., Eden Prairie �City Center, Heritage Room, 808d Mitchel! Road, b12-949-8300. � Thursday, November I6,1995, Shareview, MN, 8:0� a.m. -12:3� p.m., Shareview Community Ccnter, Room 202-205, 512-490-4600. PR�R�GIS?RATION IS REQUESTEb. Piease register me for the above scrninar. Name Title Entity Address City, State, Zip Phone Pleas� submit ta: Kay Cattan, AMGfMCIT,125 Charles Avenuc, St. Paul, MN 551 fl3, 6 i 2- 224-3344, Fax: 612-224•b540. _ �:i � ...� ;:. .:.::. --- �---- �-- . .... ......... �., . . . y i�, ...._ .;�:. CONSUITINO ENO NEEAS �'r`::z;� �lm � BEVERL_1 �� PIRNNEAS ond �AND fUAVEMOAS +�;�::�;�. ENGINEE�ING � � � � z<;;,,: PROJECTNa .,�: >�F°g.. BOOK COMPANY, INC. � � y��• t � pAGE ..:�... ` �.�.. IOQO EAST 1461h STREET, BURNSVILLE � MINNESOTA 55337 PN 432-3000 � 't.. l � ..� • • � , CERTIFICATE OF SURVEY - Legal Description: Lo E E s I?AKO A CDU�t/ .. i(/I/n/NE _ �4-. (�� .—S ) DENOTES EXISTING ELEVATION ( 8r5, 5) DENOTES PROPOSED ELEVATIOI .�.---- INDICATES DIRECTION OF SURF� . . 815, S3 = FINISHED GARAGE FLOOR �LE1i� " ' N�n = BASEMENT FLOOR ELEVATION �v� � TOP OF FOUNDATION ELEVATIOI �ENcH M�1� : 7N�{ AT l-iwY. l3 sHvD MAYFJE� NE�6y SCALE : 1" = 30' E�EV - 8�0. (,¢ 33 r�o��pTl o0 �� . r4p�� . . . J �o- %^v� � �� N,PP� :( R��"%ti o° � � 3'� 43.4! "`�_ �$27,°% N � � �, *NOTE: PROPO.SED G .A. ELEVATION IS , ELEVATION. AC TO BE DETERN FLOORS OF��E) AND PROPOSE 34° MRPI� . /eZb �� L....o T , . .. . . .. ,. . M. EAR6E�VT � .7087. O/ :�: 23/ y�: _ ''. CE DRAIN�IGE i"ION �� s rzos�p RAGE. FLOOR 1N ESTIMATED TUAL ELEVATION INED BY MATCHIN� ISTINC.�, HOUSE ) ADDITION. \ 25.00 /8z1,5i � ��-�— . . z�o.9-3 .� I �Zi;s� L_�: ; WEST G_ I herebj� oertify that this is a trt�e and correCt representati n o� a tract of land. as shown and desaribed hereon, As prepa�ed by me this ►ZT� day o� OG7"OP�2 � 19�_ � ' .. .. � . � � I �� z� M�nn. Re e+ Nv ./6085 � � . � i s WEST ELEVATION NORTH (FR /PT's NT) EL EVATI O N I l air II I ' I I L__ II TYPICAL EXTERIOR FINISH STUCCO WITH LEDGESTONE BANDING 40* EAST ELEVATION f+99 999 S ;SP - est .SNOW FENCE PROTECTION FOR EXISTING TREES AS EQUIRED ere -9 8 EXISTING GRO DAY LILLIES, BU DAFFODILS, LILY CRAPE VINES COVER: THORN, O HE VAL FL T ROOFS TO LOPED 1/4" . FT. TO DRAIN TO 9 _S• PPERS/. • SPOUTS. WHITE POP WHITE POLAR • -DOWNSPOUt APPRO . (5) TREES TO BE REMOVED IN THIS AREA INCLU ING BOX ELDERS LL MS AND MAPL._ CONT. PERFORATED DRAIN TILE GROUNDWATER AWAY GARAG TO DAYLIGHT TIT Sze `""9 PVC C DOWN tfr..� .,ALONG Zn 029 IVI=WAY FOR RAIN R.M OUTS WHICH DAYLIGHTS • - AGE DITCH WY13. 2 /SUGAR MERICAILIND 72 VERG E'S MAPLES • • 89 8 P19 PROPOSED (EXISTING) DRIVEWAIAPPROACH MODIFICATION 9/8 PROPOSED SINGLE FAMILY DWELLING GIVEN THE CONSTRAINTS OF THE SLOPED SITE, THE STRUCTURE HAS BEEN DESIGNED WITH A MAIN LIVING LEVEL AND A PARTIAL UPPER FLOOR OVER A WALKOUT (TO FRONT) BASEMENT LEVEL TO MINIMIZE THE EXCAVATION THAT WOULD BE REQUIRED FOR A FULL BASEMENT ON THE UPPER HALF OF THE PROPERTY, THE PROPOSED DWELLING STEPS UP THE HILL UTILIZING THE NATURAL SLOPE. THE BASEMENT LEVEL IS PARTIALLY EXCAVATED INTO THE SLOPE OF THE HILL AND IT-SUPPGKIED OVER -THE GARAGE LEVEL ✓HICM IS ` NOT CONSIDERED HABITABLE SPACE. THE UPPER HALF OF THE HOUSE IS PARTIALLY SUPPORTED ON INDIVIDUAL PIER FOOTINGS TO MINIMIZE - INTERFERENCE WITH TREE ROOTS. MAIN FLOOR APPROX. 1900 SQ. FT UPPER FLOOR APPROX. 900 SQ. FT. TOTAL (EXCL. BASEMENT) 2800 SQ Fr. I.OT SIZE IS 16,330 SQUARE. FEET PER ORIGINAL LOT SPLIT SURVEY (ATTACHED) • SANITARY SEWER SERVICE SHALL BE PROVIDED BY CITY OF MENDOTA HEIGHTS. IN 1983, A WYE CONNECTION WAS INSTALLED BY THE CITY TO PROVIDE FUTURE SERVICE TO THIS LOT NO PART OF THE STRUCTURE IS WITHIN 40 FT. OF BLUFF LINE No FINISHED GRADES EXCEED 402 SITE PLAN WITH PROPOSED SINGLE FAMILY RESIDENCE 1"=10'-0" fir ons STATE HIGHWAY 13 (SIBLEY MEMORIAL HIGHWAY) 1.1V311134:Cf S,10e1rr11119 ) ADDITIONAL SOIL INVESTIGATION AND/OR BORINGS TO BE COMPLETED BY ADVANCE SURVEYING AND ENGINEERING '1 PRIOR TO BUILDING PERMIT APPLICATION FOR RECOMMENDFIONS TO MINIM . SOIL EROSION DURING EXCAVATION. EXISTING FLORA: TREES CONSIST OF WHITE POPLAR. ASH. AMERICAN LINDEN, ELM. BOX ELDER, AND MAPLES. TREES VARY IN DIAMETER FROM 3" TO 30". MOST TREES 5" TO 8" IN F )IAMETER. GROUND COVER PLANTS AND SHRUBS CONSIST OF DAY LILLIES, BUCKTHORN, DAFFODILS, LILY OF 1 HE VALLEY, GRAPE VINES, TOUCH- ME-NOT. EXISTING FAUNA: BIRDS INDIGENOUS TO AREA. NO KNOWN UNIQUE OR RARE PI.lANT OR ANIMAL SPECIES. SOIL TYPES AND EARTH WORK: SOIL BORINGS INDICATE 2 10 4 FEET OF SOFT BLACK CLAYEY TOPSOIL UNDERLAIN WITH 4 TO 8 FT. OF HARD GREY -BROWN SHALE, OVER 4 F EET OF REDDISH CLAYEY SAND AND ROCK . WATER ENCOUNTERED AT ABOUT 8 FEET BELOW LOWEST PROPOSED FOOTING LEVEL. SOILS DEEMED SUITABLE FOR SUPPORT OF SINGLE FAMILE RESIDENCE PER GEOTECHNICAL ENGINEERS REPORT. NO REGRADING OR NEW CONTOURING OF SITE IS PLANNED. EXCEPT i OR GRANULAR TYPE BACKFILL MATERIALS, NO NEW SOIL TYPES WILL BE INTRODUCED TO THE SITE. ESTIMATED EARTH WORK INVOLVES EXCAVATION AND REMOVAL OF APPROX. 218 CUBIC YARDS OF EXISTING (IN SITU) EARTH. NO FILL MATERIALS WILL BE STORED ON SITE. SITE DRAINAGE AND EROSION CONTROL: EXISTING DRAINAGE DIRECTION IS DOWNHILL TOWARDS SIBLEY MEMORIAL HIGHWAY. PROPOSED DEVELOPMENT WILL NOT ALTER DRAINAGE PATTERN. ROOF OF PROPOSED HOUSE WILL BE 'FL AT' WITH 1/4" PER FOOT SLOPE FOR DRAINAGE TO SCUPPERS AND DOWNSPOUTS. GRAVEL SPLASH AND/OR FRENCH DRAINS WILL BE USED TO DISPERSE RAINWATER f ROM ROOF FOR PERCOLATION BACK INTO THE GROUND. PROPOSED DRIVEWAY AREA FOR NEW HOUSE (APPROX. 615 SQ. FT.) WILL BE CONCRETE OR BITUMINOUS, WITH ADEQUATE SLOPE FOR I:AINWATER RUNOFF TO HIGHWAY RIGHT OF WAY DITCH. SILT FENCE WILL BE CONSTRUCTED ALONG NORTH SIDE (BASE) OF PROPOSED EXCAVATION AREA. I ANDSCAPING: THIS PROPOSED SINGLE FAMILY DWELLING WILL INVOLVE NO SUBSTANTIAL ALTERATION OF GRADE OR REMOVAL OF NATURAL VEGETATION, TREES, SHRUBS OR ROCK OUTCROPPINGS OUTSIDE OF THE IMMEDIATE BUILDING AREA. THE SITE HAS NO WETLANDS, STREAMS, RIVERS OR OTHER WATER RESOURCES. IT IS THE OWNERS INTENTION TO LEAVE THE NATURAL AMENITIES OF THE SITE AS UNDISTURBED AS POSSIBLE. FUTURE PLANTINGS WILL BE OF TREE, SHRUBS, AND FRUITS INDIGENOUS TO THE AREA. RESTORATIVE PLANTINGS AND LANDSCAPING'>? TO BE DESIGNED BY CLOSE/GRANT LANDSCAPE ARCHITECTS AVERAGE HEIGHT CALCULATION FOR PROPOSED SINGLE FAMILY DWELLING AT FRONT. HEIGHT FROM DRIVEWAY (GARAGE FLOOR SLAB) TO TOP OF (FLAT ROOF) PA APET = 26' - 6". (LOCATION NOTED AS 'B' ON PLAN.) AVERAGE EARTH BACKFILL HEIGHT ALONG NORTHEAST SIDE OF GARAGE = 3' - 6" HEIGHT FROM FINISHED GRADE TO ROOF PARAPET = 23' - 0" (LOCATION NOTED AS "A' ON PI..AN.) AVERAGE EARTH BACKFILL HEIGHT ALONG SOUTHWEST SIDE OF GARAGE = 4' - 6" HEIGHT FROM FINISHED.GRADE TO ROOF PARAPET = 22 - 0" (LOCATION NOTED AS 1'C 1 ON PLAN.) SUMMATION OF THREE POINTS 26.5' + 23' + 22' = 71.5' AVERAGE HEIGHT OF STRUCTURE = 71.5' / 3 = 23.83' AVERAGE HEIGHT OF STRUCTURE AT FRONT = 24 FT. PRELIMINARY PLANS FOR PROPOSED 1132 SIBLEY MEMORIAL HIGHWAY MENDOTA HEIGHTS, MN )) (BEAUDETTE ADDITION: WEST 35 FT. OF EAST 25 FT. OF LOT 11 8. VACANT "O" STREET, OWNER: BERNIE STROH 504TH AVE NORTH, #37A MINNEAPOLIS, MN 55401 SITE PLAN APPLICATION RESIDENCE LOT 10, ADJ. 11) 10/25/95 PLANS PLANNING 6- RECOMMENDATIONS ---.,��1 REVISED PER COMMISSION ..."..`z..---- 0/..\\,----- ///.0", `//. ", s. 1' "..• x/634 %.�'i//' t." ' ...............„.......,•".. /! j,i "' ✓- pati . e60"o2.. ....•" " .. / 7 d.% /' //�. /- ,1 •?//fI r `!/ 1 / ' 1111 'f 1 t 11i1I1it/ �1 dill! /I / �tltt 04 iilti I tl ii f �-,� tl � ll l tllti I I t � - I t It, 111 t � 1 1 I ltItlltt 1 -NI 1Ii till.tt% % ��1� III jlllliilii \ 1 Ilt (1 tl�lilll,l� 11 illl +��lii �tid °�� ,�tt``ij111t1iI t ' .,.�. / 1 l 1 l t 1 it ° / /��Ilt ittl 1\l0 -7//5s SITE AREA = 4.66 ACRES WETLAND POND "C' BOTTOM 837.0 NWL 842.0 NWL 848.30 • ?� 1 • ------------------- WATER'S DRIVE 4 E T.H. 55 E.B. INP, _r J 1 / , 850 I T.H. 54 "' T.H. 55 MI City of tjau Mendota Heights 1101 VICTORIA CURVE' • MENDOTA HEIGHTS, MN 55118 (612) 452-1850 ENGINEERING DIVISION ST. PAUL WATER UTILITY STANDARD MAINS DRAWINGS I /(Di i9 61 PAGE ¢¢ 0 1- 0 Z v. 44. A2 EXHIBIT A SH r SITE PIAN SCALE • 1' 20` CENTER .oF S7REEr NOTE i 1/a7//q95 PoR,cN s, zr- _ 1yy 2.,4 OR 1 &I NAL PoR.cl-I 512F_ - PR‘>PosFp 13; Z6 F'oR0-1 size - 0 SIlay )--1or44r o/3)(z6 SIL E ELEVATION JQ_rtc.3-4 ADDF- 7R} Pc9iv //3c_ /24_ Me -4/0074 / S . ,s \ \ \\ SIL E ELEVATION JQ_rtc.3-4 ADDF- 7R} Pc9iv //3c_ /24_ Me -4/0074 / S . REAR ELEVATION scALE: *"-°" Alt I HOUSe WALL _ 4 Y Lvtavavl.✓ L1 -CHANNEL WALL EXPANbER 1x3 gOX BEAM WALL EXPAN7 ER GOON ER posy 1X3 'OX gEkM 4 4 2(0'- O" FLOOR PLAN 3" HONeYCOMg ROoF iNEL HONEYC-OMB TRANSOM SLIDING SCREEN BOOR SUDUNG ALUM. LOOR W7TEN1 P E RE L GLASS DOOR I FLOOR CHANNEL iho x 211 weptie 1 444.E 1 ta E2 $")(42 CONCRETE. FOOTING TO REST -0W UNPIS-'uRg.17 SOIL. BELOW FROST L,) NR.' H. cn GENERAL NOTES. L 5TW X11. t . HOMERS SHALL X WAWA EICTRUSIO4 AS RIIMFACTLREI IT CRAFT -ELT HvouFACTuRIK CO. PM0.ADELPH&A, PA. 14V1LATEl ROC>F PANELS 5444.1 sc MUTED 94.1.404. 41 ama I HDEI TO .OETCa/ CORES OR tall -c 1.ffOAil C r MCC ) : IVJOC Irma OVER DORS 54141 It 1r t ALL STRUCTiRES SHALL DE DaTALLEI TO THE STANDARDS DT THE PCTTER LVDai PATIO ROOKS EDGDCER9Ei IIN*MI.. pow LOAD 41 PST DEAD LOAD 1 PST DEcw LVE LOAD C AS PER U.*C. — AS Par ESTDMTED DEAD LOAD Y PSi ` SPECIES SUDS TIRM PDE 1a 1 IIENDDIG FIRMS Ib COPRESSION PERPENDICULAR TO THE GRAM Fu -- 543 PSI WEAR PARALLEL TO GRAIN ry COiREf$1011 PARALLEL TO GRAM rt. m Pu IEDILUS DF ELASTICITY E 1400.000 PSI ALL TAMER MUST DE PRESSURE TREATED 1400 Pit C REPET1VE . Ire Ps1 - , SC1dT./ igT SA SOD. HAVING A I D UC D MDrG cI?*crn Or 1000 PST ▪ rOoTiNcs 'TrriTD S S1*.L SE =ATES ELM non LOC. warm 1I TO IMV( A MOM SIPPIESSIVE1T i1M V 4100 PSI AT 11 SATS. 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