1993-12-21.
�.
�
CITY OF MSNDOTA HBIGHTS
DAKOTA COIINTY, MINNisSOTA
AG�TDA
December 2]., 1993 - 7:30 P M
1. Call to Order
2. Roll Call
3. Agenda Adoption
4.
5.
Approval of December 21st Minutes.
Conseat Caleadar
a. Acknowledgment of the December Sth Airport Re
Commission Minutes.
b. Acknowledge Receipt of Requested Informatio.
Continental Cablevision.
c. Acknowledgment of the Public Works Report for No
d. Approval of RLSOLIITION NO. 93-82 Resolution Sup
the Dakota County Water Resources Education Plan
e. Approval of Paster Enterprises request for B
Permit to finish tenant space at 750 Highway 110
f. Approval of Northland Drive Addition Final
RSSOLUTION NO. 93-83
g. Acknowledgment of the Treasurer's Report for Nov
h. Acknowledge Receipt of the November 3rd NDC-4
Minutes.
ia Authorization to Hire Engineering Aide.
j. Approval of Sign Permit Request at 1370 Mendota
Road, Suite 400.
k. Authorization to Purchase Two 1994 Marked Patrol
1. Adoption of the Minnesota Wetlands Conservatior.
RSSOLIITION NO. 93-84.
m. Adoption of RLSOLIITION NO. 93-85 , RESOLUTION A
PAY CLASSIFICATION SCHEDULE FOR NON ORGANIZED EM
TO RFFLECT A THREE PERCENT ADJUSTMENT FOR 19
RESOLIITION NO. 93-86, RESOLUTION ADOPTING A SCHE:
COMPENSATION FOR CERTAIN EMPLOYEES FOR 19�
ESTABLISHING CERTAIN OTHER BENEFITS.
n. Authorization for the Fire Department to P�
Furniture for the Activity Room.
o. Adoption of Resolution in Support of Juvenile De
Facility Construction - RESOLIITION NO. 93-87
p. Acknowledgment of the Fire Department Repo�
November.
q. Acknowledge Donation to Mendota Heights Par]
Recreation Department.
q. Approval of the List of Claims.
End of Consent Calendar
Lations
i f rom
Tember .
�orting
xilding
Plat -
�mber .
�eeting
ieights
Cars.
Act -
�NDING
?LOYEES
93 AND
)ULE OF
3 AND
irchase
:ention
�t f or
:s and
- �
\
i
�
�
/
���
,
� 6. Public Coamnents
� 7. IInfinished ancl New Business "
a. Continued Discussion regarding Case No. 93-25: Deeb -
Conditional Use Permit and Wetlands Permit - RESOLIITION
NO. 93-88
b. Discuss Revised Contract for Private Development -
Northland Insurance Company.
8. Council Comments
9 . Ad j oura
Auxiliary aids for disabled persons are available upon request
at least 120 hours in advaace. If a notice of less thaa 120
hours is received, the City of Mendota Heights will make every
attempt to provide the aids, however, this may not be possible
on short aotice. Please contact City Admiaistration at
452-1850 with requests.
6
1
Page No. 837
December , 1993
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 7, 1993
Pursuant to due call and notice thereof, the regular meeti
City Council, City of Mendota Heights, was held at 7:30 0'
at City Hall, 1101 Victoria Curve, Mendota Heights, Minnes
Mayor Mertensotto called the meeting to order at 7:30 o'cl
The following members were present: Mayor Mertensotto, Cou
Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
Councilmember Koch moved adoption o
agenda for the meeting.
Councilmember Krebsbach seconded th
Councilmember Smith moved approval o
minutes of the November 16, 1993 reg
meeting as amended.
Councilmember Koch seconded the moti
CONSENT CALENDAR Councilmember Krebsbach moved appr
consent calendar for the meeting a
authorization for execution of any
documents contained therein.
of the
�ck P.M.
�.
t P.M.
ilmembers
the
motion.
= the
zlar
�n .
of the
with
:ssary
a. Acknowledgment of the Building A tivity
report for November.
b. Acknowledgment of the minutes of the
November 10 Airport Relations Co ission
meeting, and direction to the Ci y
Administrator to notify the Comm ssion of
Council's desire to conduct a jo nt
workshop in the spring. ,
c. Acknowledgment of the minutes of�the
November 23 Planning Commission eeting.
d. Authorization for the Police Dep rtment to
purchase a Varda Alarm System fr m the
Varda Company at a cost of $3,04 .55.
e. Adoption of Resolution No. 93-75,
"RESOLUTION CERTIFYING DELINQUEN UTILITY
r d
Page No. 3838
December 7, 1993
CHARGES TO THE DAKOTA COUNTY AUDITOR FOR
COLLECTION WITH REAL ESTATE TAXES," as
amended and direction to staff to certify
the resolution to the County Auditor.
f. Adoption of Resolution No. 93-76,
"RESOLUTION REQUESTING THAT MSA FUNDS BE
UTILIZED "OFF SYSTEM" TO COVER MENDOTA
INTERCHANGE STORM WATER COSTS."
g. Adoption of Resolution No. 93-77,
"RESOLUTION DIRECTING THE ACQUISITION BY
CONDEMNATION OF CERTAIN PERMANENT DRAINAGE
AND TEMPORARY CONSTRUCTION EASEMENTS IN
THE CITY OF MENDOTA HEIGHTS, DAKOTA
COUNTY, MINNESOTA," amending Resolution
93-43 which was previously adopted.
h. Approval to eliminate the temporary storm
sewer easement over Lots 1 and 2, Block 2,
Culligan Valley View Oak Addition, subject
to payment of deferred assessments prior
to development of the lots and cleanup and
restoration of city streets which may be
caused as the result of the filling of the
lots.
i. Approval of the list of contractor
licenses dated December 7, 1993 and
attached hereto.
j. Approval of the list of claims dated
December 7, 1993 and totaling $613,095.07.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
PUBLIC CONII�IENTS Mrs. Sam Kilburg stated that Victoria Curve is
narrower as the result of Mn/DOT construction
and school buses are having difficulty
traveling on Victoria Curve as the result of
the recent Mn/DOT construction.
Mayor Mertensotto responded that the City is
aware of the problem and has directed staff to
contact Mn/DOT with respect to correcting the
problem in the spring.
TRUTH IN TAXATION Mayor Mertensotto opened the meeting for the
HEARING purpose of a Truth in Taxation hearing.
Treasurer Shaughnessy reviewed graphics
detailing the proposed budget and tax levy for
Page No. �839
December , 1993
1994. He informed the audience on
anticipated General Fund expenses a
revenues, General Fund salary and c
information, General Fund independe
contractor costs, a comparison on t
proposed 1994 tax levy and anticipa
Enterprise Fund revenues and expend
explained that because of new const
growth of 5.5�, the net levy propos
result in a zero increase in most p
taxes. Mr. Shaughnessy informed Co
audience that, because of increased
from the Metropolitan Waste Control
Commission, after the first of the
Council will be requested to consid�
increasing sewer rental rates by 20
explained that he does not anticipa�
there will be a need to increase st�
rates in 1994.
Treasurer Shaughnessy informed the a
that Council, in accordance with sta
cannot adopt the proposed levy this
but rather, must conduct a subsequen
for adoption. He recommended that t
be held at 5:00 p.m. on December 8th
Responding to a question from Mayor
Mertensotto, he stated that the curr
rate for sanitary sewer is $29.00 pe
He reminded the audience that sanita
rates are calculated based on water
December 15 through March 15.
Mayor Mertensotto stated that the
tower has been inspected and needs
;ultant
1993 and
�
.res . He
:tion
should
�erty
:il and
.arges
ar
He
that
utility
law,
ening
hearing
hearing
t base
quarter.
sewer
age from
ci�v's water
painted. He asked if funds are avai
repainting of the water tower in 199
Shaughnessy responded that funds hav
reserved for repainting for the past
years, and although a recent enginee
estimate is greater than had been an
funding is available. He infarmed C
that it will not be necessary.to inc
utility rates for water tank paintin
Mayor Mertensotto asked for ques
comments from the audience.
Mr. Jake Deeb asked if the charges f�
for police and fire protection are m�
� through contracts. Mr. Shaughnessy :
that the city has contracts for fire
be re-
able for
. Mr .
been
five
ing
icipated,
�ease
and
r service
de
esponded
service
Page No. 3840
December 7, 1993
with Sunfish Lake, Mendota and Lilydale and
police contracts with Mendota and Lilydale.
Mr. Deeb stated that he doesn't argue with
18.5% increase in the Fire Department but the
contract revenues are only increasing 2�.
Treasurer Shaughnessy responded that the full
increase is not reflected in the contracts,
and pointed out that the majority of the Fire
Department increase is for capitol outlay. He
explained that capitol outlay is funded
annually except for major pieces of equipment,
which are funded through equipment
certificates.
Treasurer Shaughnessy briefly explained the
legal and contingency line item. He stated
that this line item was introduced into the
budget three years ago. He explained that in
1993 the line item has proven to be very
valuable because of unusual legal expenses and
many tax abatements on commercial property.
For 1994, the line item has been increased.
Its primary use will be for legal fees for a
continuing law suit, and the city was notified
last week to anticipate a 2� reduction in the
city's HACA aid (2� of the certified levy),
which will be about $54,000.
Responding to a question from Mayor
Mertensotto, he explained that many of the
larger companies have filed abatement requests
with the county. He stated that most of the
requests end up in court and are not settled
for two years. If someone wins an abatement
the County withholds the city's future taxes
equal to the abatement. He explained that
there are two types of abatement sources -
regular city taxes and those for properties in
the tax increment district. He stated that
abatements of taxes for properties in the tax
increment district do not affe�ct the general
fund, only the tax increment fund. About 40�
of the abatements affect the general fund. He
informed Council that the abatements appear to
have stabilized, but about $100,000 has been
lost this year: $60,000 in the Tax Increment
District, and about $40,000 in the General
Fund.
Responding to a question from Mayor
Mertensotto, Treasurer Shaughnessy stated that
the General Fund surplus is currently equal to -
i
0
Ayes: 5
Nays: 0
Page No. �841
December , 1993
about 50� of the budget. He inform�d Council
that because of the reserve, the ci has
received a very favorable rating fro Moody's,
which results in a favorable intere rate on
bonds.
There being no further questions or
Councilmember Krebsbach moved to cl�
public hearing.
Councilmember Huber seconded the mo�
omments,
e the
It was the consensus to conduct a su sequent
Truth in Taxation hearing at 5:30 p. . on
December 8th.
CASE NO. 93-27, OSKEY Mr. Tim Oskey was present to request approval
of a wetlands permit to allow const ction of
a fence within 55 feet of the design ted
wetlands at 671 Apache Lane. He exp ained
that he would like to install a 36" igh
fence, 50� visible and 50� airable a ong his
back yard.
Mayor Mertensotto pointed out that t�e
Planning Commission had no concerns ver the
requested permit.
Councilmember Krebsbach asked if the fence
will be along the side of the lot as well.
Mr. Oskey responded that he has alre dy
installed a fence on the side of the lot under
another permit.
Councilmember Huber moved to grant t e
wetlands permit to allow constructio of a
fence as proposed at 671 Apache Lane to within
55 feet of the wetlands.
Councilmember Smith seconded the mot on.
Ayes: 5
Nays: 0
CASE NO. 93-28, HEAVER Mr. Keith Heaver, representing Mr. & Mrs. Dave
Fairbairns, stated that when the pla ning
application was made he believed it
necessary to request a variance to a
construction of a single family home
Dodd Road, ten feet from the east pr
line. He explained that as it turns
variance for side yard setback is no
because the property can be interpre
corner lot which allows the home to :
positioned on either one side or the
low
at 1680
ut, a
needed
dasa
Page No. 3842
December 7, 1993
He stated that it is now proposed to locate
the home on the south property line, and the
rear yard setback is no longer an issue - all
setbacks can be met. Responding to a question
from Mayor Mertensotto, he explained that the
front of the home will be to the south but
that the lot is not on a public street.
Mayor Mertensotto pointed out that there is a
50 foot right-of-way proposed to be used for
access to Dodd Road, and that the applicant
has easement rights. He asked if the owner
will grant a ten foot, roadway and utility
easement along the south boundary of the
property (adjacent to the right-of-way) so
that the city will have a sixty foot right-of-
way if it is needed in the future for roadway
or utility purposes.
Mr. Heaver responded that he cannot make a
commitment, since he is not the property
owner.
Mr. Dave Fairbairns stated that the driveway
is sheltered with very large trees, and one
concern is that the aesthetics will be
destroyed. He explained that there is an
existing driveway in the center of the
easement.
Mayor Mertensotto stated that all developments
are required to grant sixty foot rights-of-
way. He explained that if utilities are ever
needed, the existing 10 feet will allow room
for utilities without having to disrupt the
access. He stated that if the easement is not
granted now, it will likely never be granted.
Mr. Heaver stated that it must have been felt
at the time the original property was divided
into three lots that fifty feet was all that
was necessary.
Mayor Mertensotto stated that.it is unlikely
that the fifty foot area was part of the
platting, if someone to the east owns the
property. He pointed out that the city has no
plan to construct a street, but the easement
will provide for future options should a
problem develop. He also pointed out that
drainage problems were discussed by the
Planning Commission.
�
�;
Page No. 3843
December 7, 1993
Mr. Heaver stated that the city mig look at
some type of drainage out of the we lands in
the future, but did not believe any ing has
been proposed.
Mayor Mertensotto responded that
current plan, but the easement w
options in the future.
Mr. Fairbairns stated that he would
pleased with granting an easement i
woodland.
e is no
allow
be
the
Councilmember Krebsbach asked what t e
resolution of the easement question as on the
Mazzara property.
Mayor Mertensotto responded that the Mazzara
development was different because th re is a
developers agreement regarding insta lation of
the roadway and with respect to main enance.
Public Works Director Danielson stat d that he
did not recall if the easement was 5 or 60
feet, but that it is common to have ten foot
easement along a fifty foot right-of way and
that the request is not unusual.
Mayor Mertensotto stated that the ro dway
would be in the center of the right- f-way,
and would likely be 33 feet wide - t e rest
would typically be boulevard. The t n foot
easement would be for utilities.
Mr. Heaver stated that there is an e isting
utility easement across the center o the lot.
Councilmember Krebsbach asked where
road would connect. Mayor Mertensot
that there are two existing homes th
using the easement access to the pub
He pointed out that while he does no
construction of a street on the righ
in the future, there could be.future
bring utilities in to the properties
Councilmember Krebsbach stated that
not see a difference between the sub
property and the Mazzara plat. She
an agreement can be developed betwee
property owners so that the easement
necessary.
proposed
o stated
t are
ic road.
foresee
-of-way
need to
did
ect
�sked if
i the
is not
Page No. 3844
December 7, 1993
Responding to a question from Mayor
Mertensotto, Mr. Heaver stated that Mr.
Fairbairns has,access rights for the use of
the driveway and shared expenses for it.
Mayor Mertensotto stated that he does not
believe the additional easement would affect
the property yet would be beneficial to the
city.
Mr. Heaver stated that there are other issues
with respect to the driveway, and
recommendations of the City Engineer for the
blacktopping of the driveway. Mr. Heaver
stated that the other property owners are
concerned, and he asked if the requirement
will be enforced at this time.
Mayor Mertensotto stated that he believes the
Fire Code requires a 20 foot wide all-weather
surface. He pointed out that Council recently
approved a lot division of a large flag lot,
with a driveway to serve three properties and
required a 20 foot blacktopped surface.
Administrator Lawell stated that he believes
Council required a 12 foot blacktopped surface
with four foot shoulders on both sides to
allow emergency vehicles to pass each other.
Mr. Heaver stated that part of the concern was
that the recommendation by city staff was for
a fourteen foot wide hard surface with three
additional feet of gravel on each side. He
stated that the uniqueness of the property is
the trees and after measuring along the entire
property, there is only between 17 feet and 23
feet without disturbing any trees. He asked
how strict the Fire Department is in its
recommendation and asked if it can be
narrower.
Mayor Mertensotto pointed out•that the trees
must be kept trimmed to allow for the height
of the emergency vehicles. Mr. Heaver
responded that clearance for vehicle height
would not be a problem.
Mr. Heaver stated that two other property
owners to the east must be involved in the
access driveway agreement. He stated that the
driveway from the home to the access driveway
in the easement will meet city requirements. ,,
He asked if the access driveway, which has �;
Page No. 3 45
December 7. 1993
� served the two homes to the east for
time, can remain gravel. Mr. Heaver
that he must try to develop a guidel
can be worked out with the other pro
owners as a shared expense for impro
access driveway. He proposed that n
done to it.
Mayor Mertensotto pointed out that t
responsible for enforcing the code,
problem is that the applicant is ask
Council to vary from precedent and w
requirements.
Responding to a question from Counci
I�uber, Public Works Director Daniels
that he believes that the recommenda
the Planning Commission is just to i
access from Dodd Road to the new hom
the way to the farthest home.
Mr. Fairbairns informed Council that
an agreement between the three prope
to share the cost of the driveway, a
other owners will not be enthused ab
for a road they do not want improved
stated that the other concern is tha
are mature trees which would need to
down.
some
stated
ne which
ing the
thing be
city is
the
ive code
member
n stated
ion of
prove the
, not all
there is
ty owners
d the
ut paying
He
there
be cut
Councilmember Huber stated that alth ugh the
drive is narrow, he shares the conce n about
removing the trees and would not wan to widen
the drive if tree removal were neces ary.
Mayor Mertensotto asked if water dra}ns across
the drive currently. Public Works D rector
Danielson responded that there are c lverts at
two locations, one about 150 feet ea t of Dodd
Road.
Mr. Heaver stated that since the ho
positioned so that it does not-need
variance, he does not know why, the
come before the Council. Mayor Mer
pointed out that the city requires
front on a public street.
Administrator Lawell stated that the
before Council because the ordinance
that the applicant can choose which
home faces, but it must be approved
Code Enforcement Officer.
can be
tter must
nsotto
at homes
matter is
states
�ay the
�v the
Page No. 3846
December 7, 1993
Responding to questions from Mayor
Mertensotto, Mr. Heaver stated that the
narrowest point of the existing driveway is 17
feet, and it is as wide as 20 to 21 feet. He
stated that the original plan was to leave the
driveway as a gravel driveway. He stated that
the owners gravel the surface on an annual
basis.
Councilmember Smith stated that it appears
that the additional width requirement is to
allow fire trucks to pass each other if
needed. She asked if it is necessary that the
entire drive be twenty feet wide, as long as
an area is provided for passing. She also
asked if blacktop is required or of it is
possible to require the needed width with the
approval of the fire department so they can
accomplish what they need to without a 20 foot
width for the entire distance of the drive.
Administrator Lawell stated that the city has
some discretion on whether blacktop is
required: the code requires an all-weather
road.
Mr. Heaver responded that he believes the
owners would agree to improving the gravel,
but the issue is the additional expense of
blacktop.
Mayor Mertensotto pointed out that if the code
requirement is all-weather surface, and
Council granted approval as long as 12 feet of
the surface is stabilized, and complaints are
received from the owners that the road was
damaged and not repaired, what lever does
Council have to require repair.
Mr. Fairbairns stated that he is obliged to
pay for his pro rata share of maintenance of
the entire road. Mr. Heaver stated that he
does not think that the other�owners would
allow damage to the drive during the
construction without subsequent repair.
Mayor Mertensotto asked if the occupancy
permit for the structure can be withheld until
the driveway is hard-surfaced. He was
concerned over the condition of the drive for
access by fire trucks.
Mr. Heaver responded that he believes that
gravelling the surface would likely be
Page No. 3 47
December 7, 1993
acceptable to all of the owners, butlnot
blacktop at this time.
City Attorney Hart suggested that Mr. Heaver
submit a letter to the city at the t'me the
permit is issued, acknowledging that the
installation of an all-weather surfa e is a
requirement of the certificate of oc upancy.
Mayor Mertensotto stated that the
be such that fire trucks will not
Administrator Lawell suggested that
applicants submit specifications as
applicant intends to build the road,
the letter should acknowledge that t
Department and city engineering will
the specifications to assure that it
requirements of an all-weather road.
ace must
stuck.
,o how the
and that
.e Fire
review
meets the
Mayor Mertensotto agreed, stating th t the
issuance of an occupancy permit woul be
conditioned on approval of the road y the
city. He also stated that the 10 fo t
easement would be required.
Councilmember Smith asked for clarif
the wetlands designation, asking if
truly a wetlands. She asked if a we
permit is needed, since the location
structure does not meet required wet.
setbacks. She noted that the planni;
expressed concern over the basement
elevation and recommended that the w
in the area be checked.
cation on
t is
of the
and
g report
loor
ter level
Mayor Mertensotto stated that the ba ement
floor level must be four feet above �he high
water mark. Mr. Heaver responded th t he is
looking at the matter, and the floor level
will be raised.
Public Works Director Danielson info
Council that the wetlands shown on t
applicant's drawing does not appear
city's wetlands map as a wetland are
therefore wetlands processing is not
He explained that the wetland is a p
area and cannot be filled, but the 1
setback is not required.
n the
, and
required.
0 foot
Mayor Mertensotto stated that one of�the
requirements of approval will be tha the
Page No. 3848
December 7, 1993
basement floor elevation must be four feet
above the high water level.
Mr. Heaver asked if there are any plans for
controlling the wetlands area in the future.
Mayor Mertensotto pointed out that a grading
plan is required, and staff will review it to
determine whether it meets drainage
requirements.
Councilmember Krebsbach suggested that Council
consider granting a wetlands permit so that
one is not required in the future if the
wetlands is designated as a wetland area.
Councilmember Smith moved to approve the
issuance of a building permit to allow the
proposed structure to be faced to the south
and to grant a wetlands permit to allow the
structure to be constructed 53 feet from the
wetland area, subject to the following
conditions: dedication of a 10 foot easement
along the south property line for street and
utility purposes; that the certificate of
occupancy will not be issued until the access
drive is improved with an all-weather surface
to a minimum 12 foot width; that the basement
elevation must be a minimum of four feet above
the high water mark; that a grading plan be
submitted to determine storm water drainage
for the site and that city staff determine
whether elevation 911 is the base high water
elevation.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 93-26, Mr. Fred Reynolds, Project Manager for
McDONALD'S C.U.P. Construction for the McDonald's Corporation,
was present to request approval of a
conditional use permit to allow construction
of a free standing, 120 square foot
cashier's/face-to-face booth for the
McDonald's Restaurant at 2020 Dodd Road.
Mr. Reynolds stated that the purpose of the
booth is to improve the service at the
restaurant, to increase service enhancement
and customer satisfaction during peak drive-
through hours. Currently 73 cars per hour can
use the drive-through, which would be
increased to 114 cars per hour. He stated
that the proposed structure will have an
Page No.
December
� exterior the same as the existing r
and the corporation and the owner/o
have agreed to the three conditions
by the staff and Planning Commissio
informed Council that the landscape
been submitted to city staff and th
will provide a detailed security pl
the booth will be maintained for se
during the hours of operation, and
handicapped stalls will be relocate�
requested.
Councilmember Krebsbach stated that
requested the information on securit
time the request for a footing permi
made. She stated that before she co
approve this request, she would need
receive information on the safety an
of the remote facilities for employe
Mr. Reynolds stated that for securit
purposes, the booth will be maintain
operation only during daylight hours
owner is installing a remote video c
the booth to monitor the employees w
the booth at all times when it is in
operation.
Councilmember Krebsbach stated that
like statistics and the facilities a
susceptibility to burglary or robber
Reynolds responded that the cashier
peak hours is located in the booth b
McDonald's has no more problems with
cashiering in the remote booths than
other booths - the facility is under
surveillance at all times. He gave
of similar remote facilities.
Councilmember Smith asked if McDonal
agree to a condition that the`booth
be operated during daylight hours.
Reynolds responded that the only tim
would be taken at the booth is durin
hours, and if the booth were to be t
a face-to-face operation, which is a
possibility, the orders would be tak
individual instead through a speaker
the individual would not be taking m
Councilmember Krebsbach stated that
at•an Eagan facility is at the back
felt the individuals in it are vuln
Mr. Reynolds stated that McDonald's
649
, 1993
taurant
rator
roposed
He
lan has
owner
for how
rity
as
he had
at the
was
ld
to
security
d for
and the
mera in
o are in
he would
3 their
. Mr .
aring
in any
les
's would
�n only
money
daylight
rned into
future
n by an
post, and
e booth
d she
ble.
s never
Page No. 3850
December 7, 1993
experienced a robbery from a booth. He
informed Council that there are at least 100
to 150 similar free-standing booths at
McDonald's facilities in the United States,
and McDonald's is currently looking at
installing a multi-lane drive through at the
Elk River restaurant.
Mayor Mertensotto stated that the city had a
bad experience with a free-standing FotoMark
in the past, which is a reason why there is
concern.
Mr. Reynolds responded that the owner/operator
of the restaurant owns 13 other McDonald's and
will assure that his employees will be safe.
The owner will invest the money for a camera
in the booth and one outside. Responding to a
question from Mayor Mertensotto, Mr. Reynolds
stated that the original design of the
building does not allow for connection of the
booth to the building.
Councilmember Huber stated that the booth is
attached to the Town Center McDonald's in
Eagan. Mr. Reynolds responded that the
delivery area was in a different location,
which made attachment possible. He explained
the need for spacing between the speaker post,
the cashier point and the presentation booth.
Mayor Mertensotto asked what will happen to
the booth if the concept does not work.
Mr. Reynolds assured Council that if the
operator elects not to utilize the building he
will take it down. He stated that in his
experience, he will guarantee that it will
work. He explained that there will be two
employees in the cashier booth and three in
the presentation booth during peak volume
hours, which are during the lunch rush and
sometimes in the summer from 5:00 p.m. to 7:00
p.m. �
Councilmember Huber asked if the employees in
the booth will take the cash from the booth to
the restaurant after their shift. Mr.
Reynolds responded that the manager will
remove the money to the restaurant.
Mayor Mertensotto stated that a fourth
condition of approval must be that the booth
will never be used for storage and will be
Page No. 3851
December 7, 1993
removed if it is no longer used for
approved purpose.
Councilmember Krebsbach suggested ad ing a
condition that the booth will only b staffed
during peak hours. She pointed out hat she
feels very strongly about the vulner bility of
the employees who will be in the boo h.
Councilmember Smith moved adoption o
Resolution No. 93-78, "A RESOLUTION
A CONDITIONAL USE PERMIT FOR A NEW C
BOOTH AT MCDONALD'S RESTAURANT," ame
include the additional conditions th
applicant agrees that at such time a
booth is no longer used as a cashier
it will be removed, and that the boo
only be staffed during peak operatin
Councilmember Koch seconded the moti
Ayes: 5
Nays: 0
SHIER'S
ded to
t the
the
s booth
h will
periods.
CASE NO. 93-25, DEEB Mr. Jake Deeb, 1780 Dodd Road, was p esent to
request approval of a conditional us permit
and wetlands permit to allow constru tion of a
detached garage within thirty-six fe t of
Willow Creek.
Mayor Mertensotto stated that Counci
recently faced with an application f
detached garage on Knob Road, and th
asked staff to research what was app
informed Mr.�Deeb that the applicant
required to remove an existing stora
building and eliminate his tuck-unde
in a permanent manner prior to build
issuance. The size was limited to 7
feet, with 26 by 28 foot dimensions,
height was limited, and it was requi
50 feet from the south property line
Mr. Deeb stated that he has a tuck-u
garage now and would agree to elimin
after the new garage is built. He s
this is shown in the plans he�has su
Mr. Deeb stated that the height is w
ordinance requirements, the mean hei
under 14 feet, and the building will
feet from his south property line.
Mayor Mertensotto asked if Mr. Deeb
reduce the size to 728 square feet.
was
�r a
t he has
oved. He
was
garage
ng permit
8 square
and the
ed to be
te it
ated that
mitted.
thin
ht being
be 25
11
Page No. 3852
December 7, 1993
Mr. Deeb responded that one of the reasons for
the proposed size is to allow space for a 26
foot boat. He.stated that he would only have
one garage, while the applicant on Knob Road
had two garages and blocked off the one at the
lower level before being given a permit.
Mayor Mertensotto responded that while he
realizes that the Deeb lot is very deep, the
wetlands will be affected.
Mr. Deeb stated that he has asked the city to
remove the wetlands designation for the area
which runs north/south on the lot, as he has
had it checked and it does not fulfill the
wetlands requirements. He informed Council
that he would grant the city an easement.
Mayor Mertensotto responded that the area is a
drain way and it is not necessary to address
the designation as part of the conditional use
process.
Mr. Deeb stated that his lot was not in the
wetlands designation in the past before the
creek was moved, and he wants to straighten
out the problem so that he does not have to
get a wetlands permit every time he wants to
do something on the lot. He felt that he has
given justifiable reason for the requested
garage size.
Mr. Deeb presented a document from a local
lumber yard showing varying sizes of three-car
garages, ranging from 30 by 40 to 30 by 36.
He stated that he believes the ordinance
requires garages to be larger than 440 square
feet but allows up to 1000 square feet - 720
square feet would not be sufficient for his
needs.
Councilmember Huber asked how long the trailer
of the boat is. Mr. Deeb responded that the
boat is 26 feet long, and the trailer plus its
tongue is 30 feet long, and he will have to
put the trailer in the garage at an angle.
Mayor Mertensotto stated that 728 square feet
was a very good compromise for the Knob Road
example, and accessory structures and detached
garages are problems.
Mr. Deeb asked if Council will allow him to
keep his tuck-under garage, which is 30 feet
Page No.
December
deep, and build a 728 square foot g
stated that he does not want to do
because he does wants to remove gas
storage from his home. He stated t:
wants one garage, but will not sell
for a smaller one that would fit in
square foot garage.
653
, 1993
�age . He
at,
ine
t he only
is boat
728
Mayor Mertensotto stated that if the garage is
reduced to 728 square feet in size, e would
be willing to make an exception to a low the
tuck-under to remain.
Mr. Deeb responded that his lot is
square feet, and no homes have a d
of the lot.
Councilmember Smith asked if the str
needs to be the proposed width, if 3
length is a problem. She asked thre
the space between the doors are need
pointed out that if the structure we
wide by 29.5 feet deep the structure
only be 826 square feet and would al
depth Mr. Deeb needs.
Mr. Deeb asked for approval of 900 s
feet. Mayor Mertensotto was concern
setting precedent.
57,000
view
feet of
doors or
d and
e 28 feet
would
ow the
about
Mr. Deeb stated that at one time he as going
to build a storage building, but ins ead
decided to combine all of his storag into one
garage.
Councilmember Smith stated that she
more inclined to require closing of
existing garage and narrow the prop
garage, which would reduce the stre
be
ed
impact.
Mayor Mertensotto stated that the pr'nciple is
the size of the structure.
Councilmember Krebsbach pointed out hat what
is approved will become the benchmar .
Mr. Deeb stated that the ordinance a lows 1000
square feet, and he believes he is 1 gally
entitled to that size.
City Attorney Hart responded that th
application is for a conditional use permit,
which is not a matter of right, and ouncil is
Page No. 3854
December 7, 1993
free to impose whatever conditions it deems
appropriate, including size limits.
Mayor Mertensotto stated that the question is
whether Council wishes to set a standard
different from 728 square feet, and that to
avoid setting a different standard, Council
could allow the tuck-under garage to remain.
He felt this would be a better option for the
city than setting a larger standard for
accessory buildings.
Mr. Deeb responded that he does not want two
garages, but will consider the suggestion and
will also look at his plans to see if the
garage can be reduced in width as suggested by
Councilmember Smith and will come back on
December 21. He distributed information to
Council showing what it has cost him to pursue
the conditional use permit. He stated that he
can understand requiring a conditional use
permit for someone who will be operating a
business but felt that the costs are too
significant for residential properties.
NORTHLAND INSURANCE Mr. Dale Glowa, from United Properties, was
TIF AGREEMENT present on behalf of Northland Insurance
Company (NIC) to discuss a proposed agreement
for tax increment financing.
Mayor Mertensotto stated that Council knows
the nature of the project but that he believes
there is disagreement over the land write-down
being included in the agreement.
Mr. Glowa responded that on October 19 Council
granted conditional use approval for the
project and directed the City Attorney to
prepare the development agreement for
approximately $1,230,000 in pay-as-you-go tax
increment benefit for Northland in the form of
a limited revenue note that will be directly
with the tenant, Northland. The benefit will
be paid through the remaining.life of the
district as long as real estate taxes are
current and Northland occupies at least 500 of
the space, and there is a no right to transfer
the benefit to any other user. He stated that
Council also requested that land not be
included in the list, and he tried to honor
that request but Northland's legal advisor
asked for a more inclusive list,�including
land, basically as an insurance policy. He
explained that an extensive list has been put
�
R
Page No. 3855
December , 1993
together that more than exceeds the
Northland is requesting, however th
severe penalties in the event some
were to ever successfully challenge
support, and while Northland believ
event is remote, the penalties and
developer are so significant that i
problem. Northland has submitted a
list of costs to show that the land
will not be necessary, but that it
necessary to include it in the list
for the project to proceed.
mount
e are
ird party
he TIF
such an
sk to the
becomes a
extensive
rite-down
legally
n order
Mayor Mertensotto pointed out that 1 nd write-
down was not included in the last pr ject, and
write-down has been reserved for pub ic
projects.
Mr. Glowa responded that the list is
enough with land write down to justi
project. He stated that the two pri
Properties projects that have used t
before are Lennox and VGC and both h
land included in the comprehensive 1
stated that United Properties was no
to the Associated Bureaus project, w:
the project to which Mayor Mertensot
referred.
adequate
y the
r United
e benefit
d the
st. He
a party
ich is
o has
Councilmember Smith stated that Coun il was
clear up front with Mr. Glowa that i supports
the full increment with the assumpti n that an
acceptable list of items was provide . She
further stated that Council was also clear up
front that the list could not includ land.
Mr. Glowa responded that he believes
extensive list exceeding the amount
been provided and it is a matter of
interpretation. He explained that 1
his company's legal counsel advised
removing land from the list, a�nd the
of United Properties has stated that
absolute that land be included becau
risk.
Councilmember Smith stated that this
the integrity of the rest of the lis
letter of opinion by the legal couns
well, because if removal of one item
le�s than one-third of the entire ex
puts the entire list into question,
a serious question.
an
f TIF has
week
president
it is an
e of the
raises
, and the
.1 as
worth
�enditure
t raises
Page No. 3856
December 7, 1993
Mr. Larry Guthrie, from Maun & Simon, stated
that he is the•author of the opinion and as he
sees it, all of the expenditures do qualify
under TIF and that the list is saying that all
of the items are included and allowable
expenditures under TIF whether or not the city
wants to reimburse Northland for land or not.
He further stated that in the developer's
agreement the city is asking Northland to
certify all allowable costs and he feels more
comfortable with respect to having all of the
items listed as being certifiable costs than
leaving some out and being exactly to the
penny that will be reimbursed in the event
that some third party does challenge it. He
explained that in that case, the city will
look to Northland for indemnification because
the developer is indemnifying the city that
the list is allowable. He stated that if the
city were to eliminate that indemnification
and indemnify the developer, he would not have
a concern and could come in with the exact
amount of the TIF.
Councilmember Smith stated that there is a
difference between allowable costs and
acceptable costs, because the city places a
slightly narrower window on acceptable costs
than everything that is allowed.
Mr. Guthrie responded that he thinks that all
that is being certified is what is allowable -
what the city reimburses is up to the city,
and if the city does not want to reimburse for
land, it does not have to.
Councilmember Smith stated that without the
land there is still a balance of $1,200,000 of
acceptable cost, and asked why that is not
sufficient.
Mr. Guthrie responded that the land is an
allowable cost whether it is stated in the
letter or not and whether or not it is
certified as a cost makes no difference
either, because the city is not reimbursing
the developer for the land.
Councilmember Smith stated that based on what
she has heard this evening, she cannot support
th� request for TIF.
Page No. 857
December , 1993
Mayor Mertensotto asked if the deve
asking the city to certify the same
has been submitted. Mr. Guthrie re
that the city is not certifying any
than the fact that it has a tax inc
- the city is reimbursing $1,230,00
cost, and the developer is saying i
list of allowable TIF costs of over
$2,000,000.
Mayor Mertensotto asked if a decisi
delayed so that Council can discuss
with legal counsel.
Mr. Glowa responded that a purchase
is to be completed with GTE on Dece:
he had hoped to begin construction :
but can delay. He stated that he w
whatever Council wishes.
City Attorney Hart stated that in t
Associated Bureaus transaction, the
include a land component and there �
provision in the agreement that the
have no obligation to acquire land �
of the developer.
Further discussion was tabled to D
DODD/T.H. 110 Council acknowledged a report from
Administrator Lawell regarding the
110 intersection and summarizing cc
survey statistics related to reside
satisfaction with the intersection.
Mayor Mertensotto asked Mr. Brian Bi
has any proposals for use of the Dod
easement area. He stated that Mn/DO
the right-of-way in the early 1950's
land has been off of the tax rolls f
years. He explained that there is 1
south side of the intersection as we
north side and some developmen�t that
place conditioned upon having,anothe
in and out of the shopping center.
out that Mn/DOT has no intent to rel
149 and the city must decide if it s
released for development or held for
use. He stated that there is excess
undeveloped land on the shopping cen�
and Council is looking for senior ho�
sites and people have been asking fo:
community center. He explained that
housing should be located close to tl
oper is
list as
ponded
hing other
ement plan
worth of
has a
can be
e matter
er 8, and
xt week
1 do
ty did
a
ty would
behalf
21.
T.H.
ty
•ch i f he
� Road
' obtained
and the
�r 40
nd on the
1 as the
took
� access
e pointed
cate T.H.
ould be
public
er site
sing
a
senior
Page No. 3858
December 7, 1993
shopping center and if the city were to get
involved in a community center, the land would
be a good location. He explained that this is
why he would like to know Mr. Birch's plans if
he acquires the land.
Mr. Birch responded that he does have some
development ideas, but the easterly portion of
the land is residential and the westerly is
commercial. He stated that he has raised the
idea of senior housing for the site.
Mayor Mertensotto asked what size of site the
HRA looks for. Administrator Lawell responded
that he believes 40 units on four to five
acres is the basic project.
Mayor Mertensotto stated that there was no
real mandate from the survey results of 42�
versus 38%, on whether the land should be
released for development or held for public
purposes.
Mr. Birch disagreed, stating that as he
interprets the results, there is a clear level
of satisfaction with the intersection and a
mandate to release the land.
Councilmember Huber pointed out that those
living closest to the intersection are two to
one in favor of retaining the right-of-way.
He stated that those closest to it have a much
more intense interest on what ultimately is
developed.
Mr. Birch responded that the Council has no
rights to the property. He felt that the city
is deliberating violating state law.
Administrator Lawell responded that Mn/DOT has
controlling interest and they have come to the
city for a preference on the disposition of
the roadway easement. Mn/DOT-has asked the
city for ideas on its plans for the future.
Councilmember Krebsbach stated that she is
prepared to recommend that the easement be
held. She asked Attorney Hart if she has the
right to make such a motion.
Attorney Hart responded that Council can
absolutely make such a motion, and that in the
event that Mn/DOT elects to sell the property
for fair market value to Mr. Birch or anyone
Page No.
December
else they only need to deal with th
rights of the city that exist by st
stated that he believes Mn/DOT has
input on current and projected city
it is entirely appropriate for the
so, which may involve a determinati
land may be needed in the future an
held.
Mr. Stan Linnell, a member of the Pa
Commission, stated that although the
Commission has not discussed the mat
appears to him that at least the sou
the right-of-way could provide a goo
for a trail to Valley Park, and the
area could provide trail access to F
Hills. He suggested that it might a
possibility to put a grade separated
pedestrian bridge across the highway
connect the trail system. He furthe
that there has been legal precedent
holding right-of-way for trail purpo
recommended that Council request tha
right-of-way be held.
Mr. Tom Norman asked if the property
north of�T.H. 110 runs from the serv
to the animal hospital. He expressed
over the condition of the property a
now and what it would be used for in
future. He complained about the con
the city-owned property.
Mayor Mertensotto reviewed a map
right-of-way location.
Councilmember Krebsbach informed Mr.
that Council agrees that the city pz
should be cleaned up and has discuss
matter in workshop.
Administrator Lawell stated that if
parties are in agreement, he believe
will remove the stockpile fro�q the r
way.
Councilmember Koch asked if it is po
that Council can make separate decis
the north and south sides of the hig
Mayor Mertensotto responded that no
development proposals have been pres
if .the land'is released, the city ha
options.
659
, 1993
legal
ute. He
quested
eeds and
ty to do
that the
should be
er, it
h part of
location
outhern
iendly
so be a
to
stated
s. He
the
on the
ce lane
concern
it is
the
ition of
ng the
Norman
perty
d the
11
Mn/DOT
qht-of-
sible
ons on
ted and
no
Page No. 3860
December 7, 1993
Councilmember Smith stated that she was not
surprised that the residents are not
dissatisfied with the intersection given
existing traffic, but there are a number of
forces at work through the Twin Cities area
that could affect traffic on both T.H. 110 and
Dodd and she did not feel it would be in the
best interest of the community to allow the
release of the land.
Administrator Lawell stated that several years
ago a portion of the right-of-way, from South
Plaza Drive north, was included in the city's
MSA system. He suggested that if the right-
right-of-way is to be could be separated out,
South Plaza Drive might be a good reference
point,; since the area south of South Plaza and
has not been identified by Mn/DOT or the city
as being needed for roadway purposes and might
be best combined with Friendly Marsh and the
trail system.
Mr. Birch felt that the south area should be
given to the Dodge Nature Center, which would
enhance the city.
Councilmember Huber stated that Council has no
plans for a roadway through Friendly Hills,
but if the city agreed to the release of the
right-of-way south of South Plaza Drive, it
would have to be in the position to be able to
buy it for park purposes.
Councilmember Smith suggested that the City
could notify Mn/DOT that the city is
interested in that portion of the right-of-way
for public purposes but not for roadway
purposes.
Mayor Mertensotto felt that Council should
seriously look at establishing an economic
development area that would include the north
and south right-of-way and the�shopping center
and take a look at how the area should
develop. �
Mr. Birch stated that if the city desires a
road, he would give the city land for the
street if the city would trade him the land to
the east. He stated that Mn/DOT only has
rights for a road, and asked the city to
compromise by moving the roadway so that he
can put a senior center on his property. He
Ayes: 4
Nays: 1 Koch
ARNDT PLAT TRAIL
Page No. 861
December , 1993
asked Council to make a decision onithe
roadway this evening.
Councilmember Huber responded that
is that the property is difficult t
and the only way that it can be dev
to look at a roadway access�to thos
that are currently inaccessible. H
out that it is not at all clear how
could best be designed or located.
out that there is no access to the
of T.H. 110 and north of South Plaz
he problem
develop
loped is
areas
pointed
the road
He pointed
rea south
Drive.
Councilmember Koch stated that beca se of the
inconclusiveness of the survey, she is
inclined to turn the land back. S e felt
that whatever the city wants to do ith the
land in the future can be done thro gh
negotiations with future owners. S e did not
think that it is clear that a roadw y will be
needed on the area north of the int rsection.
Councilmember Huber stated that if
development were proposed for north
the intersection which had any kind
activity density, the present roadw
is likely to be inadequate.
Councilmember Krebsbach pointed out
another option might be the re-rout
Freeway Road, and many roadway opti
at if the right-of-way is retained.
that Council wants to look at a coh
for both sides of the intersection
order for Council to do that it mus
the right-of-way option.
ide of
access
hat
g of
s to look
She felt
ive plan
d in
retain
Mr. Birch stated that Council must bt
consider tying up his entire parcel f land
just to for future roadway purposes. He
stated that he wants the Council to ive him
an answer that it will allow the pro erty to
be returned to him. •
Councilmember Krebsbach moved to re est that
Mn/DOT retain the land for future pu lic
purposes, exclusive of the land sout of South
Plaza Drive.
Councilmember Smith seconded the mot'on.
Council acknowledged a letter from M. Tom
Junnila, 1024 Downing Street, and a
Page No. 3862
December 7, 1993
neighborhood petition regarding relocation of
the trail in the Arndt plat. Council also
acknowledged an associated report from the
Administrative Assistant and a letter from Mr.
Floyd Arndt to Public Works Director
Danielson.
Mr. Junnila stated that he was initially for
the Arndt proposal but has reconsidered and
changed his mind. He stated that what he is
currently proposed is to redirect the trail
through Lots 2 and 3, which is his preference
and that of the London/Downing neighborhood.
He informed Council that he appeared before
the Parks Commission and one member raised the
question on handicapped accessibility: Mr.
Junnila stated that the ADA does not require
it, and that none of the proposed options meet
national parks guidelines. He stated that he
has read the letter from Mr. Arndt which
indicates the family feels that the trail
relocation would significantly diminishes the
market value of their lots, but he prefers the
routing through 2 and 3. He felt that the
issue is one of market value but his lot would
also be affected.
Mayor Mertensotto stated that in the early
1970's planning showed that London Road would
ultimately tie in with Butler, but when the
hearing on the Arndt plat was held, residents
in the London/Downing area objected to a
through street. Council accommodated their
request for a cul-de-sac rather than a through
street - the trade-off at that time was for a
walkway from London Road to Kirchner Lane in
exchange for the cul-de-sac. He informed the
audience that Mrs. Arndt is his client and he
has not voted on the issue. He explained that
the Arndts would never have agreed to running
a pedway through the development, and they
have spent much money to accommodate the cul-
de-sac design. He pointed out that it would
have been much easier to run a street through.
Mr. Junnila responded that he is being
impacted by a path and three sides of his lot
would be public, and he would not be able to
live with it. He did not feel that the
disabilities act is a factor and felt that the
only factor is that the Arndts feel that
placing the trail between Lots 2 and 3 would
impact the value of the lots.
Page No. 3 63
December 7, 1993
Mayor Mertensotto stated that he has
many realtors and they have indicate
last thing the developer should do i
pedway between lots, and many people
expressed interest have stated that
not be interested in the lots if the
located where Mr. Junnila proposes.
pointed out that the developer has r
the plan which was approved.
Administrator Lawell stated that man
of the ADA that do not have many sta
it is important to remember that it
rights act and its standards will be
the courts. He explained under the
that the city must do is make a reas
accommodation and do what it can to
those who are disabled and make its
effort to accommodate those with dis
Mr. Junnila explained that his
3� different in grade from that
currently proposed.
spoken to
that the
put a
who have
hey would
pedway is
He
lied on
sections
dards but
s a civil
set by
DA, all
nable
ssist
est
bilities.
is only
is
Councilmember Huber stated that he w s not on
the Council when the plat first was resented,
but at this time he is not inclined o undo
what a previous Council approved.
Mayor Mertensotto stated that he bel eves the
only way the Arndts would consent to moving
the trail would be if the road were o go
through, which would provide for an dditional
lot.
Mr. Junnila stated that he wants
acknowledgment from the Council that market
values are diminished by the pathway
Councilmember Smith stated that Coun
make such an acknowledgment since no
the Council is an expert in making v
determinations. She asked if •there
diagrams showing a larger area and t
linkages between the pedways.�
Mr. Junnila stated that there are no
in the area but the unofficial pathw<
been almost exactly where he is propc
She stated that it appears that Kirc]
Avenue had been platted through and 7
vacated, and the pedway goes through
area. She asked for a history.
il cannot
one on
luation
re any
pedways
y has
sing.
�ust be
that
Page No. 3864
December 7, 1993
Public Works Director Danielson stated that
that unbuilt portion of Kirchner was vacated
at the time the Arndt plat was completed.
Mr. Junnila stated that he can see the point
of view of not undoing everything and will do
his best to live with the plat but will pursue
a reduction in his market value because the
path will be 34 feet from his property line.
He informed Council that he had considered
buying Lot 6 but does not want to buy it and
have a pathway through it.
Councilmember Krebsbach stated that she can
appreciate Mr. Junnila's sense of loss of
privacy in his back yard.
Mr. Stan Linnell stated that he believes that
the ADA does clearly apply. He informed
Council that the federal government has
appointed the national forest service to
design standards for accessible outdoor
recreation and it has developed a draft which
sets standards but provides options to allow
grades steeper than 5� but the intent is to
provide for the most accessible trail whenever
possible.
Councilmember Smith stated that the decision
is difficult because no matter where the trail
goes it will affect someone.
Councilmember Koch stated that in the
beginning there was no dissent from Mr.
Junnila to the trail location and all of the
options were looked at the time and the plan
was adopted. She recommended keeping the plan
as it is.
Mr. Junnila responded that in its planned
location, the trail would impact two existing
homes for 267 feet and to use the route he
proposes would impact one homeowner for 68
feet. He further stated that his proposal is
the most direct route for the neighborhood and
would be safer for children on bicycles. He
stated that if his request is not honored, he
is after some legal leverage to reduce his
property valuation.
Mayor Mertensotto stated that Council cannot
make a factual decision on market values but
must make its decisions based on proper
planning.
STOP SIGN REQUESTS
Ayes: 5
Nays: 0
Page No. �865
December , 1993
Councilmember Krebsbach pointed to a�
development in Eagan, called Woodla�d, where
all of the lots have a trail in the'r back
yards and she does not believe the roperty
values are diminished.
Councilmember Huber moved to leave t�e trail
design as originally established in �1992.
It was noted that if no action is ta
plat will remain as it was approved.
The motion died for lack of a s
There was brief discussion over not
trail, however it was the consensus
option should not be considered.
Council acknowledged requests for s
at Dorset and Staples, Vandall Stre
Avenue and Butler Avenue and View L
with associated reports from the Pu
Director, Police Chief and Police S
Anderson. Police Chief Delmont was
for the discussion.
With respect to the Butler/View Lane
for a 3-way stop, Chief Delmont reco
that the intersection remain as it i
any signage is needed, View Lane be
Butler because of the angle of the
intersection and that Butler remain
street. Chief Delmont stated that h
the proposed ordinance amendment to
for a four way stop at Dorset and St
stopping Vandall Street at Third Ave
Councilmember Huber moved adoption o:
Ordinance No. 297, "AN ORDINANCE AME]
ORDINANCE NO.. 113."
Councilmember Krebsbach seconded the
, the
lding a
t the
p signs
and 3rd
e, along
ic Works
geant
resent
request
, and if
topped at
through
supports
ovide
les and
e.
motion.
FRIENDLY HILLS FIRST Council acknowledged a feasibility r port for
ADDITION STREETS proposed street and storm sewer impr vements
for the Friendly Hills lst Addition.
May,or Mertensotto stated that he was
disappointed with the proposed asses ment rate
of $3,730 when it had been indicated at prior
meetings that if plastic
storm sewer the project
reduced.
Page No. 3866
December 7, 1993
pipe is used for
costs would be
Engineer Klayton Eckles responded that because
of the street configuration, the First
Addition has more linear feet of storm sewer.
By splitting the First Addition from the
remainder of Friendly Hills, the storm sewer
cost increases. He further stated that
perforated drain pipe has been included for
sump pump drainage for nearly every lot, and
some owners may not need or want it. He
stated that $6,300 was included to alleviate
drainage problems between the old fire station
site and the bank parking lot, which he
proposed to be funded by the storm water
utility fund.
Engineer Eckles informed Council that the
street construction cost is somewhat higher
because it is a smaller project.
Councilmember Krebsbach pointed out that a
public hearing will need to be held on the
proposed project.
Mayor Mertensotto stated that he would like
see the assessments at $3,500 to keep the
assessments for Friendly Hills uniform and
penalize the First Addition because it is
proposed to be improved separately from the
other two additions.
E�•7
not
Councilmember Huber asked if the engineering
department has given the residents an
opportunity to discuss the proposed
improvements to communicate to them what is
proposed and allow them to give feedback and
suggestions before the hearing. He wanted to
be sure that all issues have surfaced and
pointed out that since the residents are the
most familiar with the area, they can identify
problem spots which staff may not be aware of.
Engineer Eckles responded that he could write
an in-depth letter to the residents describing
what is proposed and encourage the residents
to contact him with specific issues they may
have so that they can be investigated before
the hearing.
Councilmember Krebsbach moved adoption of
Resolution No. 93-79, "RESOLUTION ACCEPTING
Page No. 867
December , 1993
ENGINEER'S REPORT AND CALLING FOR H
PROPOSED STREET RECONSTRUCTION AND
REHABILITATION IMPROVEMENTS TO SERV
HILLS 1ST ADDITION (IMPROVEMENT NO.
PROJECT NO. 6A)," the hearing to be
January 18, 1994 at 7:45 p.m.
Councilmember Smith seconded the mo
Ayes: 5
Nays: 0
MINNESOTA PUBLIC LOBBY Council acknowledged a memo from
Lawell regarding a request for f�
the Minnesota Public Lobby.
Mayor Mertensotto informed the audie
the MPL and the South Metro Airport
Council filed a lawsuit against the
charging the MAC with violation of P
Control Standards with respect to ai
noise. He stated that the MPL won a
Court of Appeals ruling in the case
MAC has filed an appeal of the decis
the Minnesota Supreme Court. He fur
stated that the MPL has accumulated
bills in excess of $100,000 at this
about 40� of which is unfunded, and
asked their legal counsel to continu
appeal to maintain the milestone the
accomplished. He explained that MPL
the city to contribute $10,000. He
out that the city has spent consider
in the airport noise study and felt
$10,000 the city would be getting mo
anyone thought could be accomplished
lawsuit. He felt the city should he
sustain the lawsuit and that the MPL
have an important benefit to the cit
Mertensotto informed Council on a pr
by Dr. Clifford Bragdon at the MASAC
Councilmember Smith stated that the
the MPL has the potential for signif
benefit to Mendota Heights and all o
communities surrounding the airport,
is supportive of their request for f
ON
FRIENDLY
2,
eld on
on.
strator
f rom
that
llution
craft
Minnesota
nd the
on with
.egal
:ime,
:hey have
: with the
� have
is asking
�ointed
.ble money
:hat the
�e than
through a
p MPL
efforts
�. Mayor
:sentation
meeting.
ork of
cant
the
and she
Councilmember Krebsbach moved to app ove the
request from MPL for $10,000 for ass stance in
its appeal on the basis that the gro p is the
first to have any real progress on t e issues
that are important to the city and t at is to
recognize the noise factor of the ai port,
$5,000 of the funding to be appropri ted from
Page No. 3868
December 7, 1993
the 1993 and 1994 planning budgets payable in
December and January, from the air noise
consultant line item.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
CDBG Council acknowledged a memo from the City
Administrator regarding the city's 1994
community development block grant application.
Ayes: 5
Nays: 0
Administrator Lawell informed Council that the
city must submit a formal application for CDBG
funding to the Dakota County HRA annually. He
stated that as in the past two years, the
application asks the HRA to reserve the
funding for senior citizen housing.
Councilmember Smith stated that some property
owners who will be affected by street
improvement projects next year may be eligible
for HRA assistance. She suggested that
perhaps the CDBG might be an appropriate
vehicle for assisting those who qualify and
simply cannot afford the improvements.
Administrator Lawell responded that in the
case of the Furlong Addition, the entire
neighborhood had to be qualified, through an
HRA survey.
Councilmember Smith asked if there is any
vehicle available for those who simply cannot
afford an assessment. Administrator Lawell
responded that the most common method has been
the use of deferments for senior citizens.
Councilmember Koch moved adoption of
Resolution No. 93-80, "A RESOLUTION APPROVING
THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS
FOR FISCAL YEAR 1994 DAKOTA COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING."
Councilmember Smith seconded the motion.
Mayor Mertensotto directed staff to do follow-
up on what can be done to clean up the Mn/DOT
and city properties north of the T.H. 110/Dodd
intersection. He further directed staff to
research what be done on the possibility of
setting up an economic development authority.
Page No. 869
December , 1993
Administrator Lawell asked Council' interest
in conducting a joint tour of the D kota
County HRA senior housing center in Eagan.
It was the consensus to consider to ring sites
in March.
ADJOURN There being no further business to
the Council, Councilme.mber Koch mo
meeting be adjourned to 5:30 p.m.
8th for subsequent discussion on a
the city's levy for 1994.
Councilmember Smith seconded the m
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: o'clock P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
me before
that the
December
tion of
on.
;� � . _ i ...... ..�.......
CI'TX OF DSSNDOTA HEIGHTa
DAROTA COIIN'Z"3C, MINNTSOTA
ASRPCIRT RELATIONS COMMISSION MINIITES
DECEH�BR 8, 1993
The regular meeting of the Mendota Heights Airpor�
Commission was held on Wednesday, December S, 1993, in
Hall Large Conference Raom, 1101 Victoria Curve. The me
ati.ons
� City
nq was
called to order at 8:00 o'clock P.M. The following membe s were
present: S�ein, Beaty and Leuman. Cammissioner Fit er was
excused. Commis�ioners Olsen, Olin and Healey were ab�ento Also
present were City Admini.stra�or Tom Lawell and Senior Secre ary Kim
Blaeser.
APPR4VAL OF MINIITLS
Lacking a quorum, i� was the consensus of thase Commis ioners
preaent that Che November 10, 1993 minutes be appr ved as
amendede
ACKNOTi�LSDGE RRCBTPT OF
YARIQIIS REPORTSjCORR�'sSPONDENCL
The Commission acknowledged receipt ot the ANt3MS Rep rt for
Octaber, 1993. It was noted that the complaints �or ctober
of 1.993 were down significantly fram the Octobe 1992
complaints.
The Commission acknow].edged receipt of the MSP Te hnical
Committee Mee�ing Su�ry from November 9, 1993.
Administ�raCor Lawell informed the Commission �hat sta f will
be attending the December 14, 1993 meeting.
The Commission acknowledged receipt oi the NOISE New letter
from Navember 1993. Administrator Lawell stated t at the
NOISE Annual conference wi.11 be held in March of 994 in
Washing�on, D.C. He e�lained that �he National Le gue of
Cities Gonference will be held at �.hat time and that t e City
may have at least one representative from the Council p esent.
The Commission acknowledged receipt of a letter to t
from the City regarding the Draft .Alternative Enviro�
Document for the new major airport site. The Com�
briefly reviewed maps prepared by Dakota County ;
Parcels within Ldn 65 Airport Noise Contour. Admini;
Lawell noted that these maps repre�ent the 1996
contour.
� MAC
en�al
.
sszon
owa.ng
rator
[n 65
Airport Rel.ations Commission
December 8, 1993
Page 2
17PDATi� t�N M�NNE�OTA, PIIBLIC I+OBB'SL
LA�SI7IT giGAINST MACE AND FUNDSNG REQUBST
Admini�tra�.or Lawell expla.ined tha�. the Minnesota Public Lobby
{MPL} recently requested financial support from the City of
Mendota Height� to help cover e�cpenses related to an appeal of
a law�uit against �.he Metropolitan A�.rports Commissian
charging them wi�.h violating Minnesota Pollution Con�.rol
standards relaGive to aircraft noise,
Administra�or Lawell explained tha� Council, aG their December
7, 1993 meeting, authorized the expendi�ure of $10,000 3n
suppor�. of Zegal costs assaciated with the appeal. He fur�.her
explained the Council directed that the expenda.ture be made in
two parts with an immediate disbursement a� $5,000 and a
subsequent disbursemen� in January of 1994 of another $5,OOQ.
DISCIISS SIIRVSY OF VARIOIIS ASRPORTS REGARDING
DLPAR.TiTRL PROCEDIIRES IN BFFECT
Administra�or Lawell explained that he has been in con.tact
wi�h the Executive Director of NOISE regarding �he possibility
of NQISF providing information to �he City af Mendota FIeights
relating ta FAA fligh� pracedures util.ized at other airports
across �he coun�ry. Lawell stated the material available from
NOISE appears to rela�.e mare to °ver�icaZ° takeoff profiles
used by departing aircraf� and less Go "horizontal" fanning
procedures used at other airports. At the request of the
Commis�ion, staff will look into the air traffic procedures
used in Memphi.s, Der�ver, Boston, Detroit and 4riando in time
for the February Airport Rela�.ions Commission meeting.
I3ISCUSS POSSIBLE DA�`8S FOR CON`TROL
TOWER V25IT
Administrator Lawell atated he ha� been in contact with FAA
Tawer Chief, Mr. Bruce Wagoner, to arrange a date far a tour
of the FAA control tower at the MSP airport. The Comrnission
discussed Januarg 12th at 3:34 P.M. and Januar�r 12th at 1.0:40
A.M, a� po�sibl.e dates for a tour. St was the consensu� of
those present that January 12th be scheduled for the tour.
Admini�tra�or Lawell stated that Commission members not
pre�en� tonigh� wi11 be notified of the date and time of the
tour.
�• .
Airport Relations
December 8, 1993
Page 3
MISC�LLANEOIIS
sian
Adminis�rator Lawel3 s�ated at their December ?th meet�ng, the
City Cauncil e�re�sed an interest in conduc�ing a ork�hop
with the Airpart Relation� Cammission sametime in Sp ing of
1994.
Commissioner Beaty thanked the City Council for suppor ing the
Minneso�a Public Lobby and SMAAC's e�forts in fight'ng air
2207.8� .
Commissioner Stein provided the Commission with an rticle
from the November issue of Flight International re arding
airport deve3opment, construction of new runways at e isting
airfields, new air traffic control pracedures and inn vative
technologies which are a part of �he FAA�s appr ach to
impraving capacity at US Airports,
; • • ��: �(�r�='��M�
There being no further business, the Commissian adj
mee�ing at 9:30 o'clock P.M.
Respectfull.y submitted,
Rimberlee K. Blaeser
Senior Secretary
i.ts
c
�
CITY OF MENDOTA HEIGHTS
1:�t i
December 15, 1993
To< ' Nlayor, City Council and Ca.ty Administrator
From: Kevin Batchelder, Administra�ive Assa.star.�
Subject: Reques�ed Infarma�.ion from Continental Cablevis
Councilmember John Huber serves as the City's repres nta.tive
on the NDC4 Commis�ion. He has been involved in dis ussions
initiated by Inver Grove Heights regarding line extens"ons to
remoi�e neighborhoods not served by cable television. Counc'lmember
Eiuber made a request for information, which has been sup lied by
Continen�.al Cablevisian, and he desired that each Counc'lmember
receive �his information.
Councilmember Huber had de�ired to knaw if areas of Mendota
Heights are not served by cable television, how many res'd.ential
households are in these areas, what the demand might be f r cable
television in unserved areas of Mendota Height�s and the osts to
extend lines to unserved areas.
The enclosed map from Cantinental Cabl.eviaion indicat
there are 46 residences in Mendota Heights that are not
The breakdawn is 40 homes in the Furlong/Ragers Road area,
on Condon Court and 3 homes alang �he sout�h edge of High�
betw�en. Mendota Plaza. and Dodge Lane. Cont�inental's
indicate that only �'our Mendota Hei.ghts reeidents have re
service and have received Line Exten�ion letters. Tn additi
Zeuli indicated on �he telaphone that the Courtyard Marri
once requested service. (Please see at�ached map and lett
Inver Grove Heights Councilmember George Tourvi
�.nterested in subsidizing line extensions �o Inver Grove
neighborhoods �hat are beyond the initial service
Continental's policy for line extension� to neighborhoods t
outsi.de their initial service area and don't meet the
requirements is to spli� the cost with �he residents. The
Inver Grove iieighta has had numerous requests �'or service
the initial service area and due �o �he distance�' invol
cost� are heavy �or residents.
On December 16, 1993, a mee�ing will
NDC4 offices to discuss line extension�
resident�. (Please see attached sample
AGTION RE4IIIRED
None. "For Your Informatian�� only.
be hel.d in the e�
wi�h Inver Grave
notice.�
that
homes
y 110
:cords
�ested
i, Mr.
t had
�s . )
le is
:eights
area.
iat are
'�.ensity
:ity of
�utside
ed the
ng at
ights
December 14, 1993
Kevin Batchelder
Administrative Assistant
City Hall
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Kevin,
Continental Cablevision
of Saint Paul, Inc.
This letter is in response to our discussion regarding the Line Extension issues
of providing cable service to residents outside our initial senrice area in
Mendota Heights. Please note that our records indicate only three Mendota
Heights residents have received Line Extension letters to date. These letters
are enclosed.
: You will find an invitation to the Inver Grove Heights meeting on this topic. In
` addition, enclosed is a map showing the residential areas of Mendota Heights
and the 46 homes that are not serviceable.
I will be discussing this topic with John Huber in January.
Feel free to call, Kevin, if you have any questions..
Sincerely,
.
yY
Fran Zeu '
Director of Marketing
F�h
cc: John Huber
Mendota Heights City Council
NDC Cable Commissioner ��•� " �
Union Depot Place • 214 East Fourth Street • St. Paul, Minnesota 55101-1492 • Telephone: {612) 224-2697
G;
«DATA line ext file 92»
December 4, 1993
«name»
«address»
«city», «state» «zip»
Dear «nickname»:
On behalf of Continental Cablevision of Northern Dakota County I'd like
you of a meeting to discuss the issues associated with extending cable se�
residents outside our initial service area in Inver Grove Heights.
If you are one of these residents and would like to know more about why 3
currently are not served by cable and what can be done to receive cable in
future, please join Inver Grove City Council R,epresentative George Tourv
myself and several other Continental representatives the evening of Thur
December 16, 1993 at the Northern Dakota County Cable Commission off
5845 Blaine Avenue, Inver Grove Heights.
The purpose to this meeting is to provide you with the most up to date
on cable television in Inver Grove Heights.
�
Sincerely,
Randall Coleman
Vice President & District Manager
�
George Tourville
NDC Cable Commi
inforna
ce to
and
,
at
.. y
- - - r, �, ,_� :�s�;.
Continental Cablevision
of Northern Dakota County, Inc.
March 5, 1993
Jeff & Kim Hussman
2370 Highway 55
Mendota Heights, MN 55120-1107
Dear Mr. and Mrs. Hussman:
Thank you for your recent inquiry regarding cable television service in your
neighborhood. Because your home is located in an area outside of the Cable
Franchise's Initial Service Area, construction of cable plant falls under this
policy.
"Cable Communications Franchise Ordinance"
Section 7
7.02 Line Extension Policy
Below you will find the costs to complete construction of the Highway 55
area via the formula specified in the Line Extension Policy and approved by the
Northern Dakota County Cable Communications Commission. If you have any
questions regarding the Franchise Ordi.nance, you may call Joy Curtin at 450-
9891.
Total Units
Total Cost to Continental
Cost Per Home Passed to Continental
�
$33,400.00
,. ��,
Construction Cost/Home Passed in Initial Service Area -$175
' $682.00
(Per Ordinance) = 2
Residents Costs Per Home Passed 341.00
Number of Homes Passed X 39
Total Cost to Residents to Extend Cable Construction $13,288.00
60 East Marie Avenue • West St. Paul, Minnesota 55118 • Telephone (612) 457-1540
�
Jeff & Kim Hussman
March 5, 1993
Page Two
Again, thank you for your interest in cable television. Please feel
Dick Behr, our Plant Manager, if you have any questions about the c�
process.
FZ/llr
Enclosure
cc: Dick Behr - Plant Manager
Holly Yerigan
� Jill Smith
Sincerely,
Fran Zeuli
System Manager
to call
�
�,
Cable Communications Franchise Ordinance
Section 7
7.02 Line Extension Policy
A. Grantee shall extend service to any area outside of the Initial Service Area
within City's current and future boundaries which reaches or exceeds an
average density of forty (40) dwelling units per street mile provided that
prospective subscribers in the line extension area are willing to make
contributions-in-aid of construction to compensate for one-half the
difference in construction costs per subscriber between the line extension
area and the Initial Service Area unless waived or reduced by Grantee
pursuant to Section 7.02H. Upon receipt of a petition signed by a minimum
of forty-five percent (45%) of potential subscribers in the area, Grantee shall
investigate the feasibility of providi.ng service to the area and report its
findings to the Commission withi.n. sixty (60) days.
B. Contributions-in-aid shall be computed from the closest point of the system.
C. Contributions-in-aid shall be one-time fees subject to full refund if within
three years the density of the line extension area reaches the density of the
� Initial Service Area as of the time of completion of construction.
D. Contributions-in-aid shall be payable in advance of construction of the line
extension area.
E. R,ates and charges for all services to subscribers in the line egtension area
shall be uniform with rates and charges for subscribers in the Initial
Service Area.
F. Construction of any line extension area shall commence within three (3)
months of Grantee's receipt of all necessary construction permits,
authorizations, utility agreements and contributions-in-aid.
G. Construction of any line extension area shall be completed�as rapidly as
possible, but in any case within six (6) months of receipt of all necessary
construction permits, authorizations, utility agreements and contributions-
in-aid.
H. Grantee reserves the right to reduce or eliminate the costs set forth in
Section 7.02.
�J
Continental Ca
of Northern Dak
October 191992
Richard Boffing
1314 Furlong Avenue
Mendota Heights, MN 55120
Dear Mr. Boi�'ing:
Thank you for your recent inquiry regarding cable television serv
neighborhood. Because your home is located in an area outside of
Franchise's Initial Service Area, construction of cable plant falls �
policy.
"Cable Communications Franchise Ordinance"
Section 7
7.02 Line Extension Policy
Below you will find the costs to complete construction of the
Avenue area via the formula specified in the Line Extension Policy and
by the Northern Dakota County Cable Communications Commission. If
any questions regarding the Franchise Ordinance, you may call Joy Cur�
9891.
Total Units
Total Cost to Continental
Cost Per Home Passed to Continental
Construction Cost/Home Passed in Initial Service Area
(Per Ordinance)
Residents Costs Per Home Passed
Number of Homes Passed
Total Cost to Residents to Extend Cable Construction
levision
� County, Inc.
in your
� Cable
er this
Furlong
�u have
at 450-
60 East Marie Avenue • West St. Paul, Minnesota 55118 • Telephone (612) 457-1540
m
Richard Boffing
October 191992
Page Two
Again, than.k you for your interest in cable television. Please feel free to call
Dick Behr, our Plant Manager, if you have any questions about the construction
process. �
FZ/llr
Enclosure
cc: Dick Behr - Plant Manager
Holly Yerigan
� Jill Smith
Sincerely,
Fran Zeuli
System Manager
Cable Communications Franchise Ordinance
Section 7
7.02 Line Extension Policy
A. Grantee shall extend service to any area outside of the Initial Servi
within City's current and future boundaries which reaches or excE
average density of forty (40) dwelling units per street mile provided
prospective subscribers in the line extension area are willing to ma
contributions-in-aid of construction to compensate for one-half the
difference in construction costs per subscriber between the line ext
area and the Initial Service Area unless waived or reduced by Grai
pursuant to Section 7.02H. Upon receipt of a petition signed by a n
of forty-five percent (45%) of potential subscribers in the area, Gran
investigate the feasibility of providing service to the area and report
findings to the Commission within sixty (60) days.
Area
s an
its
shall
B. Contributions-in-aid shall be computed from the closest point of the� system.
C. Contributions-in-aid shall be one-time fees subject to full refund if 'thin
three years the density of the line extension area reaches the densit of the
� Initial Service Area as of the time of completion of construction.
D. Contributions-in-aid shall be payable in advance of construction of he line
extension area.
E. R,ates and charges for all services to subscribers in the line extensi n area
shall be uniforna with rates and charges for subscribers in the Init al
Service Area.
F. Construction of any line extension area shall commence within th� e(3)
months of Grantee's receipt of all necessary construction permits,
authorizations, utility agreements and contributions-in-aid.
G. Construction of any line egtension area shall be completed.as rapi y as
possible, but in any case within sig (6) months of receipt of all nece sary
construction permits, authorizations, utility agreements and con 'butio
in-aid.
H. Grantee reserves the right to reduce or eliminate the costs set fort� in
Section 7.02. I
❑
0
Continental Cablevision
of Northern Dakota County, Inc.
Oci:ober 6, 1993
Doreen McKenna
2095 Highway 55
1Vlendota Heights, MN 55120
Dear Ms. McI�enna:
�
Thank you �or your recent; inquiry regarding cable television service in your
r�eighborhood. Because your hozx�e is located in an area outside of the Cable
I'ranchise's" Initzal Service Area, construction o� cable plant falls under this
policy. � a
"Cable Coinzx�unzcai;ions �ranchise Ordinance"
Section 7
7.02 Line �xte�ision Policy
I3elow you will f nd the costs to complete construction of tlxe Highwny 55
area via the forxnula specif ed iz� t;he Line �xtension Policy and approved by Lhe
Northern Dalcota County Cable Corrxzxiunications Conaxnissioi�. If you have any
questions regardizig the I'ranclaise Ordinance; you znay call Joy Curtin at 450-
9891.
Total Uxu1;s
Total Cost to Continental
Cost Per Hoine Passed to Continental
0
$33,400.00
$857.00
Const;rucl;ion Cosi;/Home Passed in Inii,ial Service �,rea -$175
' $G82.00
(Per Ordinance) -:- 2
Residents Costs Per Home Passed '3�1.00
Nuxnber of Homes Passed X 39
Total Cost to Ii.esident;s to �xtend Cable Const;ruction $13,288.00
•• 60 East Marie Avenue • West St. Paul, Minnesola 55118 • Telephone (612) 457-1540
Doreearx Mcl�enna
Oct;ober 6, 7.993
Page Twa
Again, Ll�ank you for your in{:erest aiix cab�e televisioz�.. Please �eel free
D%ck Iiehr, our Plazit Maziager, zf you have aany questions aUout tlxe consta
process.
Sincerely,
.. . � �--"'''""�.�M----`
l�
" Fi-a ecz z
., -' ' �y � Manager
F7111r
'?nclosure
cc: Dicl� Behr - Plant 11�anager
Joy Cuz-tin
George'Tourville
caIl
r,
Cab1e Caznzzluza.icat•ions Franchise Ord'znance
�ection 7
7.02 L'zne �xtension Policy
A. Gr�ntee shall ext;end servic� to �xny mrea outsxde of'the Zzaztiu� Sexvice Area
wzthin Czty's current and �'uture bouz�daries which reaehes ar exceeds azi
average densit;y of forty (40) dwelling unit;s per streei; mile provided that
prospective subscxabers zn Lhe lzt2e ex�:enszon axea are willing �:o z�aake
cont;xibutions-in-a%d o£ consl,ruct;ion ta coznpeiisat;e for oz�e-half the
dit�erence zn construcLion cas�s per su}�scz-iber be�ween Lhe line exL-enszoi�
area and i;he zniiaal Service Area unless waived or reduced by Grantee
pursuarit ta Section 7.02H. Upon receip� of a petitian signed by a znanzznum.
of far,ty,f ve percent {45°!0} of potenCial subscribers in the area, Grani;ee shall
invesLigate tlxe feasi�iility of providing sez-vice to Lhe area and report iis
findings to th.e Coammission witla.zn sixty (60) days.
I3. Contribut;zons-in-aid shall be compuf;e�i froxn tlxe clasest point oi' t�xe sysi;ein.
C. Contributions-in-aid shall be ane-time fees subject i;o fu11, refund iC within
three years tl�.e density of the line extension area reacl�es the clensity o.E i:he
Tnztial Sezvice Area as oF t,la�e tixne oF cau��Ietioz� af construcf;zon.
�?. ConLributions-in-aid sl�:all 3�e payable in advance oF canstruct;i.an af the line
extensiozx area.
E. Rates and charges �'or m1I services to subscxxbexs in the line extensxon �zrea
shall ue unifarixz wiLh raLes ancl charges for subscriUers in Lhe Inzi:ial
Service Area,
I'. Cans�ructzan of any iine extensian area slaail comn�.ence within t�xxee (3}
mont;hs af Grantee's receipt of all necessary construcl;ion permits,
autl�zarizations, utility agreements and can#;ributzons-in-aid. -
G. Construction oI' any line extension area shall be completed as rapzdly as
possible, but in any case within six (G) inozxths of receipt of all necessary
consi:ructzon perm�ts, authozizations, u�ilxLy agreements and coniz-ibu�ions-
in-aid.
k�. Gran.tee resei�ves the right ta reduce or eliminate the cost;s se1; fort;l� in
Section 7.02.
Continental Ca�levision
of Northern Dako a County, Inc.
November 6, 1992
Michael Wandschneider
1289 Lakeview Avenue
Mendota Heights, MN 55120
Dear Mr. Wandschneider:
Thank you for your recent inquiry regarding cable television servi%
neighborhood. Because your home is located in an area outside of
Franchise's Initial Service Area, construction of cable plant falls
policy.
"Cable Communications Franchise Ordinance"
Section 7
7.02 Line Extension Policy
in your
� Cable
er this
Below you will find the costs to complete construction of the Hig way 110
and 55 area via the fornaula specified in the Line Extension Policy and ap roved by
the Northern Dakota County Cable Communications Commission. If you have
any questions regarding the Franchise Ordinance, you may call Joy Cur n at 450-
9891.
Total Units
Total Cost to Continental
Cost Per Home Passed to Continental
Construction Cost/Home Passed in Initial Service Area
(Per Ordinance)
R,esidents Costs Per Home Passed
Number of Homes Passed
Total Cost to Residents to Extend Cable Construction
60 East Marie Avenue • West St. Paul, Minnesota 55118 • Telephone (612) 457-1
Michael Wandschneider
November 6, 1992
Page Two
Again, thank you for your interest in cable television. Please feel free to call
Dick Behr, our Plant Manager, if you have any questions about the construction
process.
FZ/llr
Sincerely,
Fran Zeuli
System Manager
Enclosure
cc: Dick Behr - Plant Manager
Holly Yerigan
Jill Smith
� � W
Cable Communications Franchise Ordinance
Section 7
7.02 Line Extension Policy
A. Grantee shall extend service to any area outside of the Initial Servi
within City's current and future bowadaries which reaches or excE
average density of forty (40) dwelling units per street mile provided
prospective subscribers in the line extension area are willing to m�
contributions-in-aid of construction to compensate for one-half the
difference in construction costs per subscriber between the line ext
area and the Initial Service Area unless waived or reduced by Gra�
pursuant to Section 7.02H. Upon receipt of a petition signed by a n
of forty-five percent (45%) of potential subscribers in the area, Gran
investigate the feasibility of providi.ng service to the area and report
findings to the Commission within sixty (60) days.
Area
s an
.tee
its
shall
B. Contributions-in-aid shall be computed from the closest point of th� system.
C. Contributions-in-aid shall be one-time fees subject to full refund if 'thin
three years the density of the line extension area reaches the densit of the
� Initial Service Area as of the time of completion of construction.
D. Contributions-in-aid shall be payable in advance of construction of he line
extension area.
E. Rates and charges for all services to subscribers in the line egtensi n area
shall be uniform with rates and charges for subscribers in the Ini al
Service Area.
F. Construction of any line extension area shall commence within thr e(3)
months of Grantee's receipt of all necessary construction permits,
authorizations, utility agreements and contributions-in-aid.
G. Construction of any line extension area shall be completed, as rapi y as
possible, but in any case within six (6) months of receipt of all nece sary
construction permits, authorizations, utility agreements and con buti
in-aid.
H. Grantee reserves the right to reduce or eliminate the costs set forthl in
Section 7.02.
YM � ul ►11 � � :1 :
1 � I`
December 14,
TO: 1Vlayor, City Council and City Admuu
FROM: Tom Olund Public Warks Sn rintendent �`
� Pe
SUBTECT: �Ionthly R.eport - November, 1993
PAR.KS DEPARTNIIE'.�N'r
Transplanted trees from nursery at Public Works to various parks. Transplan
lilac bnshes to Kensington Park far screeening along 494. Went through each warmin
prepared them for upcoming season {checked i�eaters, shovels, door locks, etc. .
pedways and cul-de-sacs for first tune this season.
YJTILITY DEPARTMINT
Jetted sanitary sewer lines in the Ivy Falls areas. Had power outage at the
station on November 4th fram �:30 P.M. to 12:30 A.M, Used the emergency ge�
interi.m. Helped street depariment sand streets
ROAD & BRIDGE DEPAR�T�NT
;
Prepared dump trucks fox plowing season. Maunted plows, wings, sander
snow on Thanksgiving Day. Hau2ed weed cutting machine (roadside} to dealer far
� 1 �
over l�tl
house and
Plowed
ca lift
in the
Plowed
CIT�' OF 1VIENDOTA HEIGHTS
�� �
December
TO: Mayor, City Council and City Ad ' t
FROM: 7ames E. D '
Public Works D' ect r
SUBJECT: Water Resources Education Plan for Dakota County
DI5CUSSION:
Dakota County, in conjunction with the Watershed Management Organiz
of the County's Ground Water Protection Plan, has established an Enviro�
Management Association (P.RMA) for the purpose of implementing initiatives
resources. Their latest initiative is to establish a Water Resources Education i
letter and overview).
The County's objective at this time is to inform you of their effort and
RECOMMENDATION:
. � I feel that Dakota County's Water Resource Education Plan is a worthy �
require very little commitment on the City's part, I recommend that we support it.
�
;
ACTION REOUIItED:
If Council desires to implement the recommendation they should pass a
Resolution No. 93-_, RESOLUTION SUPPORTIl�TG THE DAKOTA CO
RESOURCES IDUCATION PLAN.
, 1993
is and as part
rtal Resource
ated to water
(see attached
your support.
that will
adopting
WATER
�it� �f 10ll�a�do� H�ights
Dakota County9lVi�innesot�
R�SOLUTI�JN NO. 93-
ItE►aOL1UTION SUPPO��`ING THE DAKOTA CQUNTY
WA�� I��SOiJ�2CE5 EDUCATIQlY PLrAN'
WBEREAS, the pratectian of water resources in Dakota County is essential to maintaining
and enhancing the guality af life in the county; and
W��+ �iS, the citizens and units of local gavernment in Dakota County particzpated in
develaping the Groundwater Protection Plan and the plans of the Water Management Organizations;
anci
i�]F� {+ AS, fihese plans identi�ted educaiion as a prima.ry tool for the protection af water
aresources; and
WHIEREAS, a county-wide water resaurces education plan is currently being prepazed; and
WF 'I.1�'REAS, water resaurces education will provide citizens with the knawlecige,
understanding, and moiivation to pratect water resources; and ..
WBCF..REAS, water resvurces education can be mast effectively delivered to all citizens of
the county when it is candacted in a callabarative and caoperative manner; and
WHL+'REAS, the participation of local governmental units, edacatianal organization and other
organizations invoived in educatian is important far the develapment of a caunty-wide water
resources education p1an.
NOW TSERF.:FORE, BE IT RESOLVEI), that the City Council of the City of Mendota
Heights supports the attached policy statement as a guide far its water resources education activities;
and �
BE IT FCTRTHF.R RESOLVED, that the City of Mendota Heights wi11 participate in the
development of the county-wide Water Resources Education Plan by praviding input throughout the
planning process and review of the final p1an.
CITY COUNCIL �
CITY OF 1�RENI)OTA HECGHTS
:
ATTPST;
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
�
�
DA KOTA COUNT Y
November 26, 1993
DIVISION OF PHYSICAL DEVELOPMENT
14955 GALAXIE AVENUE
DEPARTMENTS OF —
• ENVIRONMENTAL MANAGEMENT
• HIGHWAYS
• PARKS
• SURVEY
• OFFICE OF PLANNING
Thomas Lawell, Administrator
City of Mendota Heights �
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Lawell:
LOUIS J. REIMHURST, P.E.
DIRECTOR
(6 2)891-7005
FAX 612)891-7031
APPLE VALLEY, INNESOTA 55124-8579
As you know, the local water plans prepared by the Watershed Management Organiz;
County as well as the County's Ground Water Protection Plan called for a variety of
initiatives related to water resources. Currently, the Counry is facilitating a planning
identify county-wide priority water resources educational initiatives.
At their November 2 meeting the Dakota County Board of Commissioners adopted the �
resolution and policy statement supporting water resources education within the county.
asking lacal units of government, school districts, and other organizations interested in
resources education within our county to support the policy statement and to participate
development of a county-wide water resources education plan by providing input throu�
planning process and review of the final plan.
The Water resources education planning process will be completed by June 1994. At
priority water resources educafional initiatives will be identified for the county and str
unplementing those initiatives will be outlined. The goal of the planning process is to
improve access to information on priority water resources issues in Dakota Counry.
ns in Dakota
cational
�cess to
iclosed
We are
�ater
a the
.out the
t time,
gies for
;ntifv and
We hope to make a presentation on this process at an upcoming Dakota Counry City M ger's
meeting. In the meantime, if you have additional questions about the water resources e cation
planning efforts, please feel free to contact the consultants to this project, Tom Harren ( 12/825-
3754) and Charlotte Shover (612/894-1644).
In this age of partnerships and collaborative efforts addressing local issues, support of 's counry-
wide effort from the cities within the county is especially important. If your city can su port the
enclosed policy statement and is willing to participate in the planning and review proces , we would
appreciate your City Council adopting the enclosed resolution or submitting a letter of s pport within
the next couple of weeks and mailing it to:
Eric Evenson
Water Resources Education Plan
Dakota County Westem Service Center
Office of Planning
14955 Galaxie Avenue
Apple Valley, MN 55124
Printed on Recycled Paper AN EQU L OPPORTUNITY EMPLOYER
Page 2
Water Resources
Thank you very much for your city's support of this county-wide water resources education planni.ng
effort.
Sincerely,
Jac Ditmore, Deputy Director
PHYSICAL DEVELOPMENT DIVISION
Enclosures: Overview/Dakota. County WREP Process
Policy Statement/Resolution (back to back)
�
�
Overview
Dakota County
Water Resource Education Planning Process
Dakota County is developing a county-wide "Water Resoiu�ces Education Plan" that
outline the methodology, funding sources, audiences, and timeline to implement wat
resources education initiatives contained in the Watershed Management Organization
(WMO) plans and the Dakota County Ground Water Protection Plan.
The planning effort will result in the design of a process for govercunental units and
and infomial educational organizations to establish agreements and collaborate on p�
materials, resaurces, and fundi�g necessary to implement ri ri water resource•ed
iniriadves.
An inventory and assessment of the exisdng and potential water resources educadon
programs, resources, and materials will be conducted. In addition, information will
gathered on the existing Ievel of knowledge of water resource issues and the behavic
implications related to these issues. � �
Consultants, Tom Harren and Charlotte Shover, aze under contact with the Dakota
Office of Planning for one year to prepare the Water Resources Education Plan.
A Water Resources Educadon Plan (VVREP) Advisory Committee has been establisl
provide advice and to give input into the planning process. This 17 member commi�
includes representation from county; ciry, and township governmental units, Water;
Management Organizadons (WMOs), Dakota County Ext�nsion Service, the Soil ar
Water Conservation District, Metropolitan Council; K-12 and post-secondary educa
institurions, businesses, the media, and environmental educarion and environmental
organizations.
The Water Resources Education Plan will include the fouowing componer►ts:
- Policy statement and agreements that reflect the commitment of the County
other local governmental units and other organizations to water resources e�
- Description of the state of water resources education in the County _
- Assessment of existing water resources educarion programs
- Recommended education program assessment procedures �
- Analysis of the cost vs. benefit of water resources education programs
- List of education inidarives contained in the WMO and County Ground Wa
Protection plans
- Strategies to implement these iniriatives
- List of prioriry initiatives
- Estimated cost of implementing strategies to address priority iniriadves
- Long term funding strategy for water resources educarion
to
�
, r
�-
- Strategy for coordination with water resources educaaon programs already in place
and being implemented by various. agencies and organizarions �
- Agreements with local governmental units and organizations to participate in the
Water Resources Education Strategy
- yAp�p� al of the Water Resources Educadon Plan from local govemmental units and
- Recommendations on the need for an Environmental Resource Center in Dakota
' County
- List of water resource education needs of schools, local governments, and
organizadons
- List of sources and/or water resources education products to meet the needs
identified
- Suggesrions for updating the list of sources and products
- Cridque sheet for evaluating water resources education products
- Recommendadons on establishing a permanent Water Resources Education
Cornrnittee -
- Local coordination strategies to keep local governmental units appraised af each �
others' activiries
- • List of inedia contacts and a media strategy that identifies informarion the media
would find valuable to publish.
- List of inedia-oriented educational materials
The Water Resources Education Plan project will work in cooperarion with the newly �
formed Environmental Resource Managers Association (ERMA), ..WItEP Advisory
Committee members have been added to th� ERMA mailing list and ERMA memhers can
request to be added to the WREP Advisory Committee mailing list oF can attend committee
meetings. Updates on the WREP project will be provided to ERMA as requested.
8/26/93
Tom Harren, Consultant, 4921 Garfield Avenue South, Minneapolis, Minnesota 55409. 612/825-3754.
Charlotte Shover, Consultant,13007 Girard Avenue South, Burnsville, Minnesota 55337. 612/894-1644.
�
Polaicy Statement
VYater Resources Education Pian for the
Communities of Dakota County
.. . � : . �
� ..� .. : ., c
. �M1SSl0I1: xWat�
with . ,t�ie�:>-knowle�
� water -rr.esources.
Philosophy:
�:,; _ , ��
��s':"z ,,. • >.".- x
�
��. .�,Y�.�=f . i . . � ..
.. ... , ',�' .
:�'�... . -;.;�... ,. .���,._ . �
Water resaurces education pro�arns provide for knowledgeabte decisian making at all
Ievels — for farrners, urban homeawners, policy makers, developers, business peaple, and
students.
In arder ta empawer citizens to pratect the quality and quantity of water resources,
education wilt :
prainote an under�#a�tding o€ the uupact of human be��viar att
resonrces; •
raise awareness af water resources issnes;
increase knowiedge o£ the geolagy and hydrology of the county;
provide a stimnlus for cifizens to in�crease their skills and moti
to protect, preserve, and imprave water resot�rces.
Such programs should be designed to produce resuits that can be evaivated to assess th�i
effectiveness.
Policy Directives: �
In order to carry out a county-wide water resat�rces edacation progratn, --
agrees to participate in a coliaborative process for water resources education that;
• , will be condacted in a collaborative, cooperative manner;
• recognizes the benefits of prevention; ��
.
.
is directed tawa�d audi.ences whose decisions and ac.tions have a
significant impact on water resaurces; and
�improves access to inf`ormatiton, resonrces, and pragrams that .
heip address identified priority wa#er resources issues.
•. -
T0:
FROM:
SUBJECTo
CITY OF MENDOTA HEIGHTS
MEMO
December 15, 1993�
Mayor, City Council and City Administ
Paul R. Berg, Code Enforcement Officer �� �}$�
Finish Tenant Space for Dr. Paul Wilde -
750 Highway 110
Mr. James R. Everson, Construction Coordinator witY
Enterprises, has submitted a building permit application a�
to divide out a 25' by 70'8" tenant space for Dr. Paul Wild
of this proposal will require change to the exterior
building on the south side by installing four 4' by 5' winc
a 3' by 7' door.
The City's Zoning Ordinance requires City Council �
the exterior change because of the zoning classificat
property.
�
Paster
�d plans
:. Part
of the
i.ows and
�val of
of the
I have contacted Mr. Everson and asked if any signage will be
proposed at this time so that Council ma.y review both issues
(building and sign permit). Mr. Everson's response was th t there
will be a proposal at some time in the future. Mr. Everso stated
he h�s not met with Dr. Wilde to discuss signage at this ime.
RECOb�+�NDATION
I recommend that City Council approve the proposed tenant
space improvements to the exterior of the south side of the
existing structure.
ACTION REQIIIRSD
If City Council wishes to implement my recommenda ion to
approve the installation of the proposed windows and door, motion
should be passed approving Paster Enterprises building permit
application.
PRB:kkb
DEC 14 '93 12:30 FROM PASTER ENTERPRISES
PAGE.002
� • .
DEVELOPMENT AND MANAGEMENT OF SHOPPINC3 CENTERS
2227 Uaivaairy Ave. • St P�nl. MN 55114-1677 • 61?.6�fr9901 • Fu 612-646-�'R9
CENTRAL PLAZ.A
45th dc Ceaoral Ave. N.E.
I�mieapolis, Mi�mesou
CRYS7AL SHOPFIIJG CENTER
Bass Lake Road dc Weat Broadwsy
Cryscal, Mauiesocs
DODDWAY SHOPPING CflVTER
Dodd Road dc Bemard S�L
West St Pau2. Minnesou
FARMIIdG'PON MALL
S. Hwy. SO dc S. Hwy. 3
F�mingcan. Mumesora
IEXWWG"PON PIA7.A SHOPPES
t,exington d� I,a�pa�teur
Roseville, M'uu�esota
;
MENDOTA PLA7.A
State Hwy.110 dc Dodd Road
Mendoa Heights. Mumesota
MOUNDSViEW SQUARE
Hwy.10 dE Lottg Laks Rod
Mrnmds �ea, M'amesota
NORTHWAY SHOPPING CENTER
Srau Hwy. 23 � Woodla�d
Circk Pines, Mimtaots
SIBI�Y PLA7A
wesc 7cn soreec
Sc Paul, Mimusots
SOUTHVIEW SHOPPINa CENTER
southview stva. dc 12th sereet
South S� Paul. MimKsoti
December 14, 1993
City Council of Mendota Heights
Dear Eouncil Member:
Paster Enterp�ises has signed a lease with Paut R. Wild, DDS {nc.
for a dentist office at 750 Highway 110, Mendo#a Plaza.
We are requesting approval for a buitdi�g permit which will ir�clude
4 exterior windows and one sta�dard size door which will be put
into the back o# the building. The windows which � measure
app.roximately 4' by 5' will allow natural lighting into the doctors
work areas. The exterior door wiil be a fire exit as required by
code.
Other work which is included u�der this permit is a new store
front which faces the interior mall and demising walts which .will
separate off this new tenant area.
Paster Enterprises feels this tenant will be a nice addition ta
Mendota Pfaza and to the service o� the community of Mendota
heights.
Sincerely,
PASTER ENTERPRISES
James Everson
Construcxion Coordinator
JRE:mIj
?,Aer�ab�r ��
�� � ����?'��������� �uun�il
�i� �l���r�+a�� ��::�ers
�
CITY OF MENDdTA HEIGHTS
MEMO
December 1S, 1993
T0: Mayor, Ci��r Cauncil and Gity Administ
FROM: James E. Danielson, Publi.c Works
SUBJECT: Northland Drive Addition Final P3at
D2SCIISSI4N
The Northland Drive Addition preliminary plat was pproved
back in October of 1992 when the Heritage Inns Hotel was pproved
by the City ior the iirst time. The pro�ect then v�rent on h ld when
the developer, Tharaldaon Corporation, was unable to finali e their
deal with Northwest Airlines for exclusive use of the fac'lity.
Tharaldson returned this year and received approva for a
s3igiitly modified p2an. Canstruction of that hotel i� c rrently
underway, Plat�ing wa� not reconsidered during this proval
process because the previousZy approved preliminary piat � still
apprapriate �or the new proposal.
I recommend that Cauncii approve the fi.nal pla� for
Driv� Additian as attached.
ACTION RS IIIRSD
If Council desires to implement the reGommendati
should pass a mat�ion adopting Resolution No. 93- , R]
APPR�VING FINAL PLAT FOR NORTHLAND DRIVE ADDITION.
, they
CITY OF bSENDOTA HSIGHTS
DAKOTA COIINTY, MINNL�SOTA
RESOLIITION NO. 93-
RESOLUTION APPROVING FINAL PLAT FOR NORTHLAND DRIVL ADDITION
�PSEREAS, a final plat for Northland Drive Addition has been
submitted to the City Council of the City of Mendota Heights; and
LPSERrAS, the City Council of the City of Mendota Heights has
reviewed said final plat; and
NOW THSRLFORE IT IS HLREBY RESOLVED by the City Council of the
City of Mendota Heights, Minnesota as follows:
1. That the final plat of Northland Drive Addition submitted
at the meeting is hereby approved.
2. That the appropriate City Officials be and they are
hereby authorized to execute the final plat on behalf of
the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this
21st day of December, 1993.
ATTEST
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto
Ma.yor
a
CIR'Y OF 1KENDOTA HEIGH'TS
TRF�SIIRER'S REPORT, NOV�iBERo 1993
DAROTA COIIl�T'3[ STAT� BANK
Checking Account 1.25�
Savings Account 2.15�
C.D. Rep. 2.4p�
Collateral - Bonds
Gov't. Guar.
CHERORES STATE BANR
C.D. due 1a11�1�3 C� 2.200
Saving Cer�. 2/23/93 C� 2.40�
Col.l.ateral - Bonds
Gov't. Guar.
BALANCE
� 290,242.93
$ 566.37
0.00
$ 290,8Q9.30
$ 544,OOO.QO
$ 100,Od0.00
� 350,040.00
S 13,952.59
� 363,952.59
$ 540,400.00
$ 100,000.00
.�� ��� ��
$ 60p,000.00
_ Value 21-34-93 {e�t.}
FHLB 4.02�j5.87� 2-96f94 $ 5Q0,408.OQ $ 505,000.00
. FHLMC 7.23� 12/97 FBS $ 500,008.00 $ 525,000.00
FTfMA 7.30g 12j2j98 FBS $ 499,695.50 $ 540,Q4Q.OQ
� FNMA 6.3°S 12/97-95 FB�' � 500�008,00 tiS" 515�000.00
� G1tifMA Mtg . PooZ 9� ( PRU)
FHL Mtg. Pool $% (PRU)
F[�.►C 7� Mtg. Pool {PRU) PAC
FMC�C 6 1/4� M�.g POOl (PRU)
FI�fMA 6� Pool {PRU}
FHL 7 1/2% Mtg Poal @ 98 5/8
(,79 factor) 575,OOQ (PRU)
U.�. Treasury Money Mkt tFBS}
Gov't. Securities Fund
Zera Cpn T.Bds 7.9� -
2011(J&M)
TOTAL FIINDS AVAILABLB:
Fund� Available 12j31j92
�.i/�alga
$ 170,788.66
$ 293,522.34
$ 505, 00{} . QO
$ 482,589.64
$ 507,500.00
$ 160,524.39
$1,277,843.48
$1,002,470.00
$ 197,530,00
$7,252,249.90
$ 185 000.00
$ 300 000.00
$ 530 000.00
$ 485 000.00
$ 500 000.00
$ 165 QOO.QQ
$ 1,949 000.00
� 2,127 OOp.00
$ 206 000.00
$9,144,674.72
$$,64d,979.22
Rates Monev Market
Nav 30 Bank 2.40�
Fid 2.85�
Escraw Funds (American Natianal Bank) ll/30/93
City Hall Buildings $ 16,440.00
�
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
5845 Blaine Avenue
, �Inver Grove Heights, Minnesota 55076-1401
612/450-9891 FAX 612/450-9429 TDD 612/552-9675
T0:
FROM:
� RE:
DATE:
M E M 0 R A N D U M
City Mayors and Administrators/Clerks:
Inver Grove Heights
Lilydz',e
Mendota
Mendota Heights ✓
South St. Paul
Sunfish Lake
West St. Paul
Jodie Miller, Executive Director
NDC4 MEETING MINUTES
3 December 1993
Enclosed is a copy of the minutes f rom the November 3, 1993 Northern C
Cable Communications Commission (NDC4) meeting which were approved
Commission meeting on December 1, 1993. Please distribute copies of t
to your city council members.
Please feel free to contact me at 450-9891 with questions or comments
minutes or other cable issues.
/J
Enc.
ikota County
at the NDC4
iese minutes
:garding the
NORTHERN QAKOTA CQUNTY CAB�E COMMUNICATIONS COMMISSION
FU�L GQMMISSIflN MEEi'ING
November 3, 1993
The October fuil Commission meeting was calied ta order by Chair John �agoo at 7:00 a.m.
1. ROLL CALL - Members Present: Henry Hovey, John Huber, Jodelle Ista, John Lagoa,
George Totarville, and Richard Vitelli. Members Absent: Alvin Boelter, l.ucille
Collins, Ken Henderson, Ed Mullarky, John 0'Brien, and Ran Rogosheske. Also
Present. Mike Soka1, Lega1 Counsel, l.iz 4Vitt (NOCTV President}; Susan Koch, West
St. Paul citizen; anci �oy Curtin and Jodie Miller, {staff}.
John Lagoo welcomed Jodie Miller as the new Executive Direc�ar.
2. AGENDA - Jodie hii l ler requested the orcl�r of Agenda �teins �o bG rearra�ge� ta
accomadate the NQCTV rep�esentative: Item 5. NQCTV Update, Item 6. Legal Caunsel
Report, Item 7. Officers' Reports, Item 8. Staff Reports. Motion 11.3.93.1 to
adopt the Agenda as amended was made by N. Hovey, seconded by J. Huber, and
unanimously carr�ed. '
3. CONSENT AGENDA -
A. Minutes; Mation 11.3.93.2 to approve the October 6, 1993 NDC4 meeting minutec
was made by J. Ista, seconded by R. Vitelli, and unanimously carri�d.
B. List of Claims: The List of Claims was presented by Treasurer Tourville for
review by the Commission. He noted that the iVOC4 quarterly.payment to NdCTV will
be made after NDC4 receives the 3rd quarter Franchise Fee payment from Continental
Navember 15th or iater. Motion 11.3.93_3 to approve the List of Claims for the
periad 10/7/93 - 11/3/93 was made by J. Huber, seconded by G. Tourville, and
unanimaus3y carried. ,
4, REPORT FROM CONTINENTAL. - J. Miller reported on her recent discussion with
. Continental's NDC System Manager, Fran Zeuli: custamer phone inquires regarding
billing questions have been numerous. 8ecause af the layout of phane numbers� on
the bi11s, many subscribers are mistakenly contacting the NDC4 office with these
queries. Continenta3 is invesiigating ways to c3arify with c�siomers wh#ch phane
numbers ta use for for which questions, including possibly changing the billing
format.
The American Movie Classics channel wi17 be hosting a movie preview and reception
at the newiy renavated Orpheum Theater and at the State Theater in Minneapalis an
Thursday, November 18. NDC4 Commissianers will be invited ta attend.
J. Ista cammented that she had same difficulty receiving a respanse fram
Continental after having left messages on the customer serviee phone line; she
wondered whether others had experienced the same prablem. G. Tourville responded
that his recent requests for service were attertded to promptly.
�
NDC4 Cortmission Meeting Minutes
November 3, 1993
Page 2 �
5. NDCTV UPDATE - NOCTV President, Liz Witt, reported that she pai
guest panelist on the "At Issues" program, which is a live call-in
M. Sokol. The show focused on cable issues. NDCTV is undertakir
shirts and caps as a revenue-earning endeavor. Commissioners are
support the effort, as well as to support the organization by sut
NDCTV membership. The NDCTV Board is awaiting an update on the
NDC4/NDCTV Contract, as well as on the amended Joint Powers Agref
6. LEGAL COUNSEL REPORT -
A) Amended Joint Powers Agreement: Legal Counsel, Mike Sokol, re�
final draft of the amended Joint Powers Agreement has been sent to
citi�es for thei r approval . To date, the cities of S�uth St.� Raul
Heights have approved the document. The City of Mendota Height:
approved the Agreement with a"f riendly amendment" which clarifie:
city must give notice by June 1, 1999 if they intend to leave the
M. Sokol added that this change is not substantive. After some
Commission directed staff to notify the City of West St. Paul of th
to their meeting on Monday, November 8; and to notify all the othe.
change after learning if the City of West St. Paul has any furt
make. Motion 11.3.93.4 to aqprove the friendly amendment and
inclusion in the amended Joint Powers Agreement was made by R. Vii
by J. Huber and uninamiously carried.
B) Southviex Gabies: M. Sokol reported that he contacted Continen1
in an effort to resvlve the issue concerning the use of Regiona7 Ch
apartment complex security system before going to the State
Discussion took place with Continental's attorney, Lee Sheehy.
discussion, M. Sokol suggested using the "phantom channel" to c�
grade signal of the secur-ity system. Continental responded th�
possible to use the phantom channel for this purpose and the swii
be complete and effective by January 1, 1994. M. Sokol suggested :
with residents after that date to verify the change has been effe
ticipated as a
show hosted by
g marketing of
encouraged to
scribing to an
status of the
ment.
orted that the
all the member
nd�Inv�r Grove
most recently
that a member
Joint Powers.
iiscussion the
s change prior
cities of the
ier changes to
recommend its
�lli, seconded
ai Cablevision
�nnel 6 for the
of Minnesota.
During this
rry the lower-
t it wou�d be
ch-over should
taff follow-u�
:ted .
C) NOC4/NDCTV Contract: M. Sokol identified areas of concern to hi regarding the
contract. One concern is whether a tax liability is creat d for either
organization with the transfer of assets from NDC4 to NDCTV. It as agreed that
further investigation of this issue is needed and NOCTV attorney,�Tom Creighton
�long with tax attorneys from his office will provide a clarifica ion.
The second concern is that because NOCTV is taking over assets of OC4, language
be included in the Contract that NOCTV agrees to follow any laws o policies that
NDC4 would be expected to follow as a quasi-governmental agency.
A third area of concern focuses on language in the Contract that a
change its policies and procedures upon written notice to NDC4, an
not respond within 60 days, they waive their right to object tc
Brief discussion followed in which some Commissioners expressed
have the NDC4 to approve any and all changes made in NDCTV
procedures, as currently required. Discussion followed in which a
llows NDCTV to
j if NDC4 does
any changes.
the desire to
policies and
clarification
NOC4 Commission Meeting Minutes
Navember 3, 1993
Page 3
was made that in the event the Commission dissolved, the NDC4/NDCTV Contract would
become null and void and the assets held by NDCTV would go back to the member
cities.
L. Witt pointed oui a chartge in tha Contraci that would extsnd its renewal to the
end of the Franchise Agreement in lieu of requiring a renewal each year. It was
recommended language be included, if not already in the document, that would a11ow
N�C4 to bring the Contract up for review at any time deemed �ecessary.
G. Tourville requested a summary of why changes have been made involving asset
awnership and �he financial impiication be prepared by M. Sokol after receiving
comments back from NDCTV attorney as discussed earlier in the meeting. M. Sokai
reminded the group that he is schedul�d ta terminate his duties as NDC4 attorney
by the end of'1993; hopefuiiy, this matter can be campleted by the NDC4 December
meeting. � • - . •
D) Personnel Policies: M. Sokol reported that after having reviewed the draft
Personnel Po7icies he has a few minor concerns. Discussion fo7lowed on variaus
items and it was agreed that the Executive Director and Attorney wili discuss the
concerns and bring their recommendations to the NDC4 far approval.
A policy change that is being recommended wnuld allow employees ta accrue personal
leave and sick leave {at a rate of 4 hours for each per month} with a provision
that a certain amount af accrued personal leave can be paid to the employee 120
days after the employee leaves. NDC4 aecountants adv#sed that the totai potential
liabiiity must be planned far and money allocated to a liability account. Staff
was directed ta put together an estimate of costs and liabilities under the
various scenarios that cau3d occur and present these at the next NDC4 meeting
along with a recommendation for the Commission to consider.
7. OFFICERS' REPORTS - No reports were given.
8. BiAFF REPORTS -
A} Executive Director: J. Miller reoorted that equipment for city halis to ailaw
remote operation of the ceiling camera is on order. The Government Programming
Committee, cansisting of inesnber city clerlcsjadministrators wi11 be meeting soon
ta discuss long-term planning for use af narrowcasting money. The faulty
microphane at the City of Inver Grove Heighis is being carrected. J. Mi11er
pointed out that the NDCTV quarterly report required by Contract is inciuded in
the meeting hand-outs.
In order to streamline approval processes, J. Miller requested the Commission to
provide guidance on when she needs �o seek appraval from the arganizatian for
expenditures. Brief discussion followed, Motion 11.3,93.5 ta authorize the
Executive Director to make purchases up to $1,000 of budgeted money wi�hout pre-
approval from the Cammission was made by G. Tourville, seconded by J. Ista, and
unartimaus7y carried.
:° E
�
NDC4 Commission Meeting Minutes
November 3, 1993
Page 4
Long-term solutions to staffing continue to be assessed in view c
arganizaions and the vacant Educatian Coordinator position. Unt�
staffing needs can be thoraughiy analyzed, J. Milier recommended i
hired on a temporary part-time basis at $6 per hour to continue
crucia3 functions of the Educatian Coardinatar position. Matio
authorize hiring Rob Goldberg at $6 per haur as a temporary part-
Coordinator and to increase the hours of part-time emp2oyee, Kar
January 1, 1994 was made by R. Vitelli, seconded by H. Hovey, �
carried.
The NDC4 is duly certif�ed to regulate basic cable rates, A Let1
was sent to five iegai firms requesting proposais ta provide 1E
NOC4. The deadline for submission of proposals is Navember '
recommendad t�ie NDC4 Execut�ve Committee review the propasals, con
if needeci, and pravide a recammendatian to NDC4 at it� Decerr�b�r m�
i1.3.93.7 to authorize tYte Executive Cottunittee to if.'VlBW 'ti�B prop�
by attorneys i�terested in providing legal services to NOC
interviews, if necessary was made by J. Zsta, seconded by
unanimousiy carried. The entire Commission will be notified
date(s) should they wish to attend, as well. M. Sokol was ask
consider extending his service to NDC4 in the case that an a
selected by the December NDC4 meeting. M. Sakol responded he w�auld
so.
af needs of the
� 1 the over-al l
ob Goldberg be
with the most
'['t.3.93.6 to
time Education
�n Sachs tartti i
nd unanimausly
:r of Interest
�al service ta
i. J. Mi 71er
uct interviews
�ting. hlatian
58�S S[!�}lttl�t@t�
and canduct
I. Huber, and
f the meeting
d if he would
tarney is not
consider doing
The Metro Regional Chartnel (MCN� has requesied a donatian from ND �. J. Mi3ier
pointed out that the budget li.ne item for this donation was reduce to zera as a
result of revising ths budget. Staff was directed to send a etter to MCN
advising them NDC4 cannot financially support the organization this ear, but does
support the potential involvement af MCN in formulating M-Span (a re ional service
s�milar in farmat to C-Spanj.
The I-Nei variance granted to Continen�aI wili expire in March 199
was raised by a subscriber regarding having Court TV wrapped on �
channel, Investigation reveals it is not possible to show Caurt '
allocated ta Pay-Per-View. This past Tuesday marked the advent of
cable show, "At Issue," produced by NDCTV and NDC4 staff. The ser
an different issues of concern to tt�e lacai community.
. A questian
Pay-Per-View
r during iime
live call-in
�s wi31 facus
J. Mi33er nated that occasionally cails are received 6y staff froin subscribers
wanting a particular channel. Discussion �`ollowed on the continui g problem of
limited channei spac� and how it affects Vi@W@S' complaints and cho�"ces.
9. UNFINISHED BUSINESS - G. Tourville reminded the group of past
regarding line extension in areas af Mendota Heights and Znver Grove
are nat likeiy to receive cabie under the current Franchise becausE
hausing density. He suggested NDC4 and its member cities analyze �
invoived in bringictg cabie to these people in terms of potenti
subscribership and, in turn, f ranchise fees. Commissioners agreec
should be invited to make a presentation specific to this subject s
future meetings,
discussions
�eiahts which
of required
,he economics
31 increased
Continental
t one of �is
�
s • '.
NDC4 Cortmission Meeting Ninutes
November 3, 1993
Page 5
10. NEW BUSINESS — West St. Paul resident, Susan Koch, introduced herself and
explained her interest in becoming informed about policy issues particularly
concerning the new FCC regulations. She is a policy consultant with the
telecommunications industry.
J. Ista requested that a"Citizen Comment" item be added to future NDC4 agendas.
11. ADJOURNMENT — Motion 11.3.93.8 to adjourn the meeting was made by H. Hovey,
seconded by J. Huber, and carried. The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
CITY OF MENDOTA HEIGHTS
1�lEMO
December 16, 1993
T0: Ma.yor, City Council and City Administra
FROMa James Ee Danielson, Public Works Dir
SUBJECT: Additional Surveying Assistance
DISCIISSION
The City Council authorized the hiring of Chris Arlar.
June 11, 1993 to work in the Engineering Department
Engineering Aide for the summer. Chris was hired thro�
University of Minnesota's Career Development Program. Chz
senior at the U of M, and he returned to school in the
complete his education.
Chris is now on winter break, and now has some time
� the City out with some surveying. Several surveying proje
to be completed immediately, the Mendota Interchange w,
connection and industrial park storm water improvements.
the Friendly Hills job be ordered in January, the Fng
Department will then need help in the surveying of that p
RECOD�NDATION
tson on
as an
gh the
.s is a
all to
o help
s need
ermain
Should
eering
j ect .
I recommend that Council authorize the Engineering Dep rtment
to hire Chris Arlandson for 15 to 20 hours per week to assi t with
surveying. We will only need him over the next several w eks if
the Friendly Hills project does not go forward. His pay ra e would
be $9.00 per hour (the same as last summer).
ACTION REQIIIRED
If Council desires to implement the recommendatioi
should pass a motion authorizing the Engineering Department
Chris Arlandson for $9.00 per hour for 15 to 20 hours p
beginning immediately.
JED:kkb
, they
:o hire
;r week
�
CITY OF MENDOTA HEIGHTS
MEMO
December 17, 1993
�
T0: Mayor, City Council and City Administ at
FROM: Paul R. Berg, Code Enforcement Officer �� �
SUBJECTe Sign Permit request 1370 Mendota Heights Road, Su'te 400
DISCIISSION
Mr. Larry Norton, of Lawrence Sign, Inc., has submitte a sign
permit application, sign drawing and a check for the sign permit
fee. Great River Systems, a new tenant at 1370 Mendota H ights,
wishes to identify their new space in with a 12.8 square fo t sign
and logo. See attached sign drawing.
RECONIl�sNDATION
Since the proposed sign complies with the sign ordin�nce, I
recommend approval of the requested sign permit.
ACTION REQIIIRED
If City Council wishes to implement my recommenda ion of
approving the proposed sign, a motion should be passed ap roving
Lawrence Sign, Inc. sign permit application.
PRB:kkb
: :.
e
� JJ=.S'
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Pt,as'rtC 1,oGo �- �.6TTFKS� Nolf-i�.cvM.tNATE'D
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' lAWRENCE SlGN
�45 Pierce Butler Route
St. Paul, MN 55104
Mendota Heights Police Department
MEMORANDUM
December 16, 1993
TO: Mayor and City C
City Administrat
FROM: Chief Delmont �l
1
Subject: 1994 Marked Patrol Cars
The police department requests permission to order two 1994 Chevr
marked patrol cars from Polar Chevrolet for a total purchase pric
$27,736.00. This is under what we budgeted this year.
let Caprice
of
The state bid came back with Ford Crown Victoria as the lowest co t vehicle at
$13,899.00 each. Due to our long time association and our office s'
preference for the Chevrolet Caprice, Polar Chevrolet has agreed o sell us
1994 Caprices for $13,868.00 each less than the state bid price.
Recommend Council approve the ordering and purchase of two 1994 C evrolet
Caprice patrol cars for a total price of $27,736.00 as per the at ached
purchase order.
�
MEMORANDUM
14 December 93
To: Chief Deimont
From: Sgt Mack �_
Subject: 1994 Marked Patroi Cars
1. The 1994 State bid has been given again to Ford Motor Company. The dealer receiving
the bid was Superior Ford. The cost of a 1994 Ford Crown Victoria, with the base price
of $13, 899.00 and with our specifications and requirements is $13,929.00.
2. Again this year, Polar Chevrolet has agreed to sell us 1994 Chevrolet Caprices under
the State Bid prices. The cost of a 1994 Chevrolet, with a base price of $13,899.00 and
with our specifications and requirements is $ 13,868.00.
3. My recommendation is that we again purchase two (2) 1994 Chevrolet Caprices from
Polar Chevrolet for a purchase price of $27, 736.00. I further recommend that the
purchase order be placed as soon as possible so we have time to determine placement of
the equipment going into the marked cars this year.
4. Further information is available if necessary.
. • :
�4-�M, �I� �.�;1 ►11 �1� d-� C:1�, :" ,
1 � �: �,
December
TO: Mayor, City Council and City Admini
FROIV�: Klayton H. Eckles, P.E. K�� �/
Asst. City Engineer
SUBJECT: Adoption of the Minnesota. Wetland Conservation Act (WCA)
DISCUSSION:
1993
In 1991 the State adopted new regulations to protect and preserve the vu�etlands in
Minnesota. The attached executive order summarizes the intent of the regulations. �
The City of Mendota Heights is the responsible local government unit (LGTn f� r enacting
and enforcing the WCA in our City. During the past year we have been acting under he interim
program guidelines and rules. As of January 1, 1994 all LGUs are required to adopt the
permanent program rules. The permanent rules are not much different from the in rim rules.
The maia differences are in the specific details of the rules on wetland replacement
The WCA and the accompanying rules comprise approximately 160 pages of ' ormation,
so I have not included it. From a practical standpoint adopting the rules shoul 't have a
si�cant impact on our City because there aze very few undeveloped areas 1e that have
wetland issues involved.
In order to adopt the permanent rules at this time, all we need to do is pass a resolution
to adopt the new rules. In the near future we will be overhauling the City's Wetlands rdinance
in order to bring it up to date with our Water Resources Management Plan and other
environmental issues. When we complete the wetland ordinance revisions we may t to also
incorporate the WCA into our lacal ordinances by reference, but for now it is not n�ecessary.
RECOMMENDATION:
I recommend Council adopt the permanent rules of the Wetland Conservatio� Act.
ACTION REQUIRED:
If Council desires to implement the recommendation they should pass a motio adopting
Resolution No. 93 _, RESOLUTION ADOPTING THE P RUL OF THE
WETLAND CONSERVATION ACT.
City of Mendota Heights
Dakota County, Minnesota
RESOLZJ"1'ION NO. 93-
RESOLUTION ADOPTING T�E P RULES OF THE
WETLAND CONSERVATION ACT
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local
government units (LGUs) implement ttus law by adopting the rules and regulations promulgated
by the Board of Water and So�l Resources (BWSR) pertaining to wetland draining and filling;
and
WHF.REAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA
to notify them of the LGU decision regarding adoption;and
WHEREAS, the LGU is responsible for making WCA determinat�ons for landowners;
and
WHEREAS, the City Council of the City of Mendota. Heights previously assumed
responsibilities of LGU for wetland alterations within Mendota Heights under the interim rules.
. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights that it hereby accepts the responsibility as the LGU for the WCA within the legal
boundaries of Mendota Heights as of December 21, 1993, within the guidelines as set forth by
the WCA and rules.
Adopted by the City Council of the City of Mendota Heights this 21st day of December, 1993.
CITY COUNCIL
CTTY OF NffiVDOTA HEIGHTS
:
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
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EXECUTNE ORDER 91-3
DIRECTING STATE DEPARTl�NTS AND AGENCIES
TO FOLIAW A"NO-NET IASS" FOLICY
IN REGAFtD TO WETLANDS
I, Arne FI. Carlson, GOVERNOR OF THE STATE OF
MINNESOTA, by virtue of the authority vested in me by he
Constitution and the applicable statutes, do hereby is ue
this Executive Order:
WHEREAS, wetlands provide economic as well as
ecological benefits to the state by protecting and
preserving water supplies; by providing for natural
storage and retention of flood waters; by serving as
transition zones between dry land and lakes and rivers
thereby retardinq soil erosion; by functioninq as natu e�s
biological filters, as�imilatinq nutrients; by providi g
essential habitats for fish and wildlife; by providing for
groundwater recharge; by providing low flow augiaentati n
for rivers and streams; by providing aesthetic and
recreational opportunities; by providing outdoor
educational resources; and by adding to Minnesota�s
ecological diversity; and
� WHEREAS, over eighty percent of the state�s origin
t prairie pothale wetlands has been drained and over six
� percent of the state�s total original wetland base has
-� been drained, filled or otherwise diminished; and
�j
'v�',�
Y
'�
WHEREAS, the loss of wetlands in the state, both urban
and rural, is continuing in excess of 5,000 acres per
year; and
WHEREAS, the continued loss of wetlands harms the
economic and environmental welfare of the state; and
WHEREAS, it is in the public interest to protect the
functions and values of wetlands; and
WHEREAS, the state, through public agencies and units
of government, must provide leadership in the stewardship
of wetlands for all projects on the lands and waters
entrusted to the state by the public;
NOW, THEREFORE, I hereby order that:
A. All responsible departments and agencies of the
State of Minnesota shall prctect, enhance, and
restore Minnesota's wetlands to the fullest
extent of their authority;
B. All responsible departments and agencies of the
State of Minnesota shall operate to the fullest
extent of their authority under the strict
concept of "NO-NET LOSS" of wetlands of the state
in regard to projects under their jurisdiction;
C. Al1 responsible departments and agencies of the
State of Minnesota shall survey and categorize
all wetlands on land being acquired by or danated
to the state and on public lands threatened by
development activities. Acquisition decisions
and subsequent management plans shall mitigate
ecoloqical impacts as a result of development
activities;
��
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D. All responsible departments and aqencies ot thE
State cf Minnesota shall be guided by the '
Lollowing prioritized criteria in the I,
implementation of this nN0-NET LOSS" executive�i
order; ;
1) AVOID the impact altogether by not taking
certain action or actions;
2) �MINIMIZE the impact by limitinq the degr
or magnitude of the action by using
appropriate technologies or by taking
affirmative steps to avoid or reduce the
impact;
•3) MITIGATE all functional values of the
wetlands that have been diminished.
Mitigation must, in order of importance,
accomplished by: first, restoration of
drained or diminished wetlands; second,
enhancement of existing wetlands; and la
creation of new wetlands;
E. The head of each department or agency shall,
appropriate means, ensure that all staff are
advised of this order and shall by January 1
each year report to the Commissioner of Natu
Resources on efforts to comply with this ord
and �
F. The Commissioner of Natural Resources shall,
March 1 of each year, report to the Governor
the chairs •of the Senate and House environme:
committees a compcsite report on implementat
of the order and the status af Minnesota's
wetlands.
- 3 -
a
,
0
In addition, Z hereby encouzaqe all local units of
government to adopt "NO-NET LOSS" wetlands resolutions
guiding public actions within their jurisdiction.
Pursuant to Minnesota Statutes 1990, Section 4.035,
this Order shall be effective fifteen (15) days after
publication�in the State Register and filing with the
Secretary of State and shall remain in effect until
rescinded by proper authority or it expires in accordance
with Minnesota Statutes 1990, Section 4.035, Subdivision 3.
IN TESTIMONY WHEREOF I have set my hand this 17th day
of January, 1991.
Filed According to Law:
ANDERSON GROWE
=Secretary of State
Si'q'tF OF MIt�1NLSOTA
OEPAitTMENT �f STAt:
FILED
ti��+N 17 �99i
�G..�►� �►�
$eaatary o� �tate
1 �
. ' �
- \ � : C�1h..
ARN H. .CARISON
Governvr
- 4 -
t..
�
�
CITY 4F MENDOTA FiEIGHTS
MEMO
December 17, 1993
T0: Mayor and City Cauncil
FROM: Tom Lawell, City Administr
BUBJPCTa 1994 Non Union Pay Adjus�ments
�i�a� •
Our upcoming Counci.l meeting is the last meeting af lt
in arder to allow budgeted pay adjustment� to occur in 2
iash3.on, they should be acted upon on December 21st. �
please find an upda�.ed pay matrix which reflects a three
increase for our non union employees. Also attached pleas�
Resolution establishing all nan union pay adjustments acco:
the matrix. This adjustment is commensurate with the three
wage'increase provided our police and public works employe�
union contract.
The Resalution also sets �orth the City'� insurance
contribu�ion at $324 per month ($24.00 increase). Thi
percent increa�e i.s zn keeping with the insurance
adju�tments recently received �rom our primary health ir.
carrier. In addition, the amount o� our Ci�y contribu
commensurate wi�h that provided by o�her Twin Cities �
commu.nities.
The Resolution also provides ior a three percent inc�
wages pazd to our part time and temparary emplayees. Wac
�or �ire department personnel were not increased in 1994
�heir desire to ins�ead receive a nominal increase in the
contribu�ion to the Fire Relief Association.
RECOMb�NDATION
Consistent with aur adopted 1994 Budge�, I recommend
attached Resolutions establishing employee pay and :
contribu�ian� for 1994 be approved.
ACTIt}N R3s4IIIRSD
�93, and
. timely
�ttached
percent
� f ind a
~ding to
percent
as under
Should Council desire to implement the recommendatioi
�hould first pass a motion adopting Resolu�ion No. 93
RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULB FOR NON ORi
EMPLOYEES T4 � REFLECT A THRPE PERCENT Al�T1WAL ADJUSTMENT FO]
iollowed by a mo�ion adopting Resolution No. 93- , A RES�
ADOPTING �Pi SCi�EDULP OF GOMPENSA`SION FOR CERTAIN EME�LOYEES F
AND ESTABLISHING CERTAIN OTHER BENEFITS.
MTL:kkb
um
�ht
;urance
ion is
:ase in
rates
due to
City's
the
they
A
NIZED
1994,
UTTON
. 1994
CITY OF MENDOTA,HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 93-
RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON-ORGANIZED
EMPLOYEES TO REFLECT A 3� ANNUAL ADJUSTMENT FOR 1994
WHEREAS, by Resolution No. 87-67, the City Council has
adopted a grade-and-step pay system for non-organized City
employees that meets the requirements of MSA 471.991, the Pay
Equity Act; and
WHEREAS, it is necessary to annually review the pay matrix
that is a part of that system for adjustment in recognition of
increases in cost of living; and
WHEREAS, based on salary trends in the metropolitan area
suburbs, and budgeted funds available, a 3� adjustment in the
matrix for 1994 is reasonable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mendota Heights that the Grade and Step Pay Matrix
attached hereto as Appendix A, is hereby adopted as Appendix A of
Resolution No. 87-67, adopted by the City Council on July 7,
1987.
Adopted by the City Council of the City of Mendota Heights this
21st day of December, 1993.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
1994 PAY MATRIX
�
CITY OF MENDOTA HEIGHTS
EMPLOYEE POSITION PLACEMENT AND�PAY CLASSIFICATION PLAN
RESOLUTION NO. 93-
GRADE A B C
I Clerk-Receptionist 19,051 20,003 21,004
�� 19,527 20,504 21,529
III 20,015 21,016 22,067
�V 20,516 21,541 22,619
V 21,029 22,080 23,184
VI 21,554 22,632 23,764
VII 22,093 23,198 24,358
VIII 22,646 23,778 24,967
IX Secretary 23,212 24,372 25,591
X 23,792 24,982 26,231
XI Senior Secretary 24,387 25,606 26,886
XII 24,996 26,246 27,559
XIII 25,621 26,902 28,248
XIV 26,262 27,575 28,954
� 26,918 28,264 29,678
'NI Accountant 27,591 28,971 30,419
✓�� 28,281 29,695 31,180
���� 28,988 30,438 31,959
XIX 29,713 31,199 32,758
� 30,456 31,978 33,577
XXI Engineering Technician 31,217 32,778 34,417
XXII 31,998 33,597 35,277
XXIII 32,797 34,437 36,159
XXIV Sr. Engrg. Tech, Code 33,617 35,298 37,063
Enforcement Officer
� 34,458 36,181 37,990
�� 35,319 37,085 38,939
XXVII Administrative Assistant 36,202 38,012 39,913
XXVIII 37,107 38,963 40,911
��X 38,035 39,937 41,934
XXX Public Works Supervisor 38,986 40,935 42,982 �
Civil Engineer
XXXI Sergeant
XXXII
XXXIII
XXXIV
XXXV Police Chief, City Clerk,
Public Works Director
D
22, 54
22, 05
23, 70
23, 50
24, 52
25, 76
26. 15
27
1
30,4�01
31,461
31,9'� 0
32,7�i9
36,1 8
37, 1
37,9 7
38,9 6
41,
45,1
E
23,156
23,735
24,329
24,937
25,560
26,199
26,854
27,526
28,214
28,919
29,642
30,383
31,143
31,921
32,719
33,537
34,376
35,235
36,116
37,019
37,945
38,893
39,866
40,862
41,884
42,931
44,004
45,104
46,232
47,388
. 39,961 41,959 44,056 46,2 9 48,572
40,960 43,007 45,158 47,4 6 49,787
41,984 44,083 46,287 48,6 1 51,031
43,033 45,185 47,444 49,8 6 52,307
44,109 46,314 48,630 51,0 2 53,615
CTTY OF MENDOTA HEIGHTS
Dakota Counry, Minnesota
RESOLUTION NO.
RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1994 AND ESTABLISHING CERTAIN OTHER BENEFITS
Wf�REAS, the City Council has adopted a grade-and-step pay system for certain full-
time employees of the City; and
V�IEREAS, based upon recommendation of the City Administrator, Council has
determined the appropriate placement of each City position on a Grade, and the incumbent
employee on a Step; and
VVFIEREAS, it is also necessary to set salaries for certain part-time employees, as well as
fringe benefits for full-time employees.
NOW, THEREFORE, TT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota as follows:
1. That the following schedule of salaries be implemented effective January 1,
1994, for full-time employees:
Emplovee
Linda Shipton
Rita Dolan
Rebecca Trost
Nancy Bauer
Diane Ward
Kimberlee Blaeser
Shirley Shannon
Guy Kullander
Tom Knuth
Richazd Gill
Paul Berg
Klayton Eckles
Kevin Batchelder
Tom Olund
Larrie Mack
Donn Anderson
Dorance Wicks
Kathleen Swanson
Dennis Delmont
James Danielson
M. Thomas Lawell
Position
Clerk/Receptionist
Clerk/Receptionist
Secretary
Secretary
Secretary
Senior Secretary
Accountant
Engineering Technician
Sr. Engineering Technician
Code Enforcement Officer
Code Enforcement Officer
Civil Engineer I
Administrative Assistant
Public Works Superintendent
Police Sergeant
Police Sergeant
Police Sergeant
City Clerk
Police Chief
Public Works Director
City Administrator
Sa�
$ 21,004
23,156
26,870
28,214
28,214
29,642
33,537
37,945
40,862
40,862
40,862
47,388
44,004
47,388
48,572
48,572
48,572
53,615
55,696
55,696
58,477
2. That the follawing schedule af salaries be implernented effective
for part-time employees and temporary fu11-time employees:
Ern,�loyee
Jahn Maczko
John Neska
Michelle Morgan
Lambert Derks
Shawn Sanders
Positian
Fire Chief
Assistant Fire Chief
Recreation Programmer
Gustadian
Engineering Technician
3. That the following hourly rate af pay for valunteer firefighters be
implemented effective 7anuary l, 1994;
0 - i years
]. - 5 years
S years and over
Captain
Detail duty rate
�b.'75
7.50
S.UO
9.00
7.25
�nu l, i994
Sal
$7, 70
4, 20
11, 82
8. 0/hr.
12. 3/hr.
4. That the City's ma�cimum contribution towazd insurance premiums for fu 1-time
employees not covered by a Iabor contract shali be $324 per month for 1 94.
Adopted by the City Caunci af the City of Mendota Heights this 21st day af Decembe�, 1993.
ATTEST:
Kathleen M. Swanson
City Clerk
�
CITY COUNCIL
CITY QF MENDOTA HEIGHTS
Charles E. Mertensc�tton
Mayor
�
�r.
TU:
FROM:
SUBJBCT:
CITY OF MENDOTA HEIGHTS
MEMO
December 16, 19�3
Mayor, City Council and City Adminis
John P . Ma.Czko
Fire Chief
Furniture �or �he Activity Room
During the 1993 budge� proce�s, $4,000 was budgeted to
replace carpeting and furniture in the activity room at the
fire �tation. This equipment has served us weil over t e
last 10 years bu� it is now �eriously showing its wear.
A�tached is a memo from Bill Lerbs wha has been chairin• a
commi�tee tha� ha� been researching furniture that will meet
the department needs.
Since Divine Redeemer ambulance also utilizes our stati
have appraached them for a contribution �owards purchas
furnishings for this room. They have agreed to contrib
$2,500 towards the project. $1,153.50 has already been
allocated for the recarpeting leaving a remaining balan
5,346.50.
I have al�o received a request fram the Mendota School
Childhood and extended day program far donation of �.he
furniture. Although the furniture i� not in the best
co,ndition and is worn ou�, i� is bet�er than what they
currently have.
RECOMMENDATION:
I recommeind we follow Bill Lerbs recommendation of
committee for purchasing turniture from Boise Cascade at
price of $4921..05 and that the existing old furniture b�
donated to the Mendota Farly Childhood and extended day
pr•ogram .
ec: Bill Lerbs
�
C:'�
rty
ed
the
.a
L �
MENDOTA HElGHTS FIRE DEPARTMENT
MEMO
DA'iE: December 16, 1993
'ro: Jahn Maczko, �ire Chief
FROM: William H. Lerbs, Acrivity Room Committce Chair
SUBJECT: Acdvity Room �rniture
John� the activity mom commiuee has researched fumiture needs for the departmeat to replace the
worn and broken furnitu�+e currently in the Activity room. We recommend az�d reccived bids on 3 Love
seats, 2 chairs and 8 conference chairs to go with the donated conference table from Coopers and
Lybrand Accoundng firm. The following bids were received on 2 different Styles. Both scyles are of
ezcellent quality and should stand up' to the usage vtry well,
Styie 300:
Furniture Warehouse:
Boise Cascade:
Style 1500:
Furniture Warehonse:
,
Boise Cascade:
3 love soats
2 Cflairs
8 Conference
Chairs .
3 lave seats
2 Chairs
$ Conference
Chairs
3 love seats
2 Chairs
8 Conference
Chairs
3 Iove seats
2 Chairs
8 Conference
Chairs
5964.00 ea
5615.00 ea
5149.95 ea
Tax
Total
5857.50 ea
�548.10 ea
5119.00 ea
Taa
Total
51063.00 ea
5698.00 ea
5149.95 ea
Tax
Total
�$947.10 ea
5621.60 ea
5119.00 ea
Tax
Toial
52880.00
� 1230.00
I19 -60
$5309.60
S3_4� 12
55654,22
S2572.50
51496.20
2
$4620.?0
�3_00 35_
5492�,.05
53189.00
51396.00
S1 �99.60
$5'784.6Q
_ • 5376.0�
$6160.64
S284I.30
�1243.20
SQ�2.00
$5036.30
_ 5327.37
$5363.87
It is the committees recommendation that Style 300 be pnrchased from Boise Cascade at a purchase
price (including tax) of 54921.05
�
�
�
TO: Chief Maczko and The Mendota Heights Fire Dept.
From: Sam Kilburg
Subject: Donation Of Used Fire Hall Furniture.
Date ; July 21, 1993.
I would like to request, a donatian , of your fire hall used furni
that I understand that yau will be replacing. I wark for 1Vlendo
School Early Childhood and Extended Day program. We would
the furniture in our quit corner, for teacher baok readings and
kindergarten quit time in our classroom. Please let me know if
more informatian about this matter is needed. I hope to hear
you soon abaut this request, Thank yau.
Sincerely,
��.a�,��
Sam Kilburg �
Early Childhood, Extended
Teacher.
�
��
�
CITY OF MENDOTA HEIGHTS
MENlO
December 17, 1993'
T0: Mayor and City Council
FROM: Tom Lawell, City Administrato
SUBJPCT: Support o£ Juvenil.e Detention and Treatment Fac�.lity
Bonding Request (
M � •
Attached please find a le�ter fram the Chair of the
Goun�y Board o� Commi�sioners, S�eve Loeding, describ
Coun�.y's need to plan and construct a juvenile de�ent
�rea�Gmen� facility. The purpose o�' the letter is to ask
City's endorsement and support of the County'� pursua.t c
bonding authority far the construction of �uch a facility,
A draft Resolution supparting the County's efforts is a�ta�
your consideration.
�Police Chief Delmont and I have reviewed the materia
Dakota Caunty and concur wi,th the need for addii�ional j
detention and treatmen� facility space. The proposed
regional facility wauld be of great benefit �o all area
departments including Mendota Heigh�s.
ACTION RE�IIIRED
Should Gouncil concur with �he recommendation, a moti
be made ta adopt the at�ached Resolution No, 93- , A R]
SUPPORTING DAKOTA COUNTY'S EFFORT T4 SECURE STATE BONDINGi
FOR THE CQNSTRUCTION OF A JUVENILE DETENTION AND TREA'I'MENT
IN DAKOTA COi;fNTY.
���:�:��
0
Dakata
.ng the
.an and
£or our
f S�ate
for
ls �'rom
uvenile
48 bed
police
should
LUTION
ITY
�
DA KOTA COUI �l T Y COUNTY BOARD
�(612) 438-4418
DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 - HASTINGS, MINNESOTA 5503
November 23, 1993
The Honorable Charles E. Mertensotto, Mayor
Mendota Heights City Hall
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mayor Mertensotto:
Dakota County is in the process of planning for a juvenile detention
and treatment facility. The County is fast growing and, to this
point, we have had no County juvenile detention and treatment
facility. The County purchases detention and treatment beds from
other counties. County staff have studied this issue for the past
year and are recommending that a 48-bed regional facility be built in
Dakota County. No decision regarding location of the facility has
been made. '
The purpose of this correspondence is to ask for your endorsement and
support to pursue state bonding authority for the construction of a
juvenile detention and treatment facility.
A resolution from your Council supporting our efforts would be useful
to us in the legislative process. Enclosed is a draft resolution for
your use. Please call if you have questions. We would appreciate 'a''
response by De�en:ber 30, 1393 so w� can prapara our lEgislativeF
request.
Sincerely,
�� ,
Steven G. Loeding, Chair
Dakota County Board of Commissioners
AN EQUAL OPPORTUNITY EMPLOYER
•L.
Cl2'Y OF MENDOTA HBTGHTS
DAROTA COUNTY, MINNTSOTA
RF�SOLUT�ON NO, 93 -
A RSSOLUTION SUPPORTING DAROTA COUNTY'S EFFORT T4 SE STATL
BONDING AIITHORZTY FOR T� CONSTRUCTION OF A�7�IL8 DL ION
AND TREATt�NT FACILITY IN DAROTA COIIN'TY
t�HEREAS, the Dakota County Board of Commissioners w`shes to
pursue s�ate bonding authorzty :Eor the funding of the cons ruction
af a Dakota Coun�y juvenile detention and trea�men� facil ty; and
��HSREAS, a facility is needed to meet present uvenile
detention and short-�erm needs; and
WHEREAS, State bonding authority is availab].e through xisting
Minnesota Statute for the construction of a regional faci ity.
NO�P THERSFORE BT IT RESOLVED, that the City of Mendota iieights
supports the building of a juvenile de�ention and t eatment
iacility in Dakota County; and
SE TT FIIRTBER RESOLVSD, �hat the Ci�y of Mendata Heights
recognizes that a�acility is needed to meet present j venile
detention and shart-term needs locally; and
SE IT FURTBER RLSOLVSD, �hat the Ci�y af Mendota eights
supports Dakota Gount�r's ef�ort to secure state bonding a horit�
for the canstruction of a juvenil.e deten�ion and treatment f cility
in Dakota County.
Adopted by the City Council of the Ci�y of Mendo�.a Heigh�s this
21st day of Dec�:mber, 1993. �
�
ATTEST:
Kathleen M. Swan�on
City Clerk
CITY COUNCIL
CZTY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor �
FIRE CALLS NO.
MENDOTA HEIGHTS FIRE DEPARTMENT
NOVEMBER 1992 MONTHLY REPORT
93207 - 93222 NUMBEROFCALLS:
FlRE ALARMS DISPATCHED: NUMBER S7AUCTURE CONTENTS
ACTUAL FlRES
Structure - MH Commercial
Structure - MH Residential
Structure - Contract Areas
Vehicle - MH
Vehicle - Contract Areas
Grass/Brush/No Vatue MH 1
Grass/Brush/No Value Contract
MEDICAL
Assist 2
Extrication
HAZARDOUS SITUATION
Spills/Leaks 1
Arcing/Shorting
Chemical '
Power Line Down
FALSE ALARM
Residential Malfunction 2
Commercial Malfunction
Unintentional - Commercial 6
Unintentional - Residential
Criminal 1
OOD INTENT
Smoke Scare 1
Steam Mistaken for Smoke
Other: 2
MUTUAL AID
TOTAL CALLS 1 6
LOCATION OF FlRE ALARMS: TO DATE
MENDOTAHEIGHTS 11 183
MENDOTA 5 11
SUNFISH LAKE 0 12
LILYDALE 0 1 1
OTHER 0 5
TOTAL 16 222
WOf3K PERFORMED HOURS TO DATE
FIRE CALLS 220.5 4183.5
MEETINGS 7 4 6 01. 5
DRILLS 205.5 1793.5
WEEKLY CLEAN-UP 33.5 357.5
SPECIAL ACTIVITY 18.5 640
1MINISTATIVE 0 0
.riE MARSHAL 74.5 841.5
I TOTALS 626.5 8417.5
16
MISC.
TOTAL MONTHLY FlRE LOSSES
$0 $0 $0
FlRE LOSS TOTALS MENDOTA HEIGHTS
ALL FIRES, ALL AREAS (MONTH) $ 0
MEND. HTS. ONLY STRUCT/CONTENTS
MEND. HTS. ONLY MISCELLANEOUS
MEND. HTS. TOTAL LOSS TO DATE
BILLING FOR SERVICI
AGENCY THIS MONTH
MN/DOT
MILW. RR
CPR RR
OTHERS:
LAST YEAR
TOTALS: $0
• 149
10 FlRE MARSHAL'S TIME FOR
17
14 INSPECTIONS
1
INVESTIGATIONS .
191 -
RE-NSPECTION
LAST YEAR
MEEfINGS
3257
709.5 ADMINISTRATION
1985.5
3 8 3 SPECIAL PRQIECTS
1383.5
0 TOTAL
823
8541.5 REMARKS: SEEOTHERSIDE
TO DATE
1 1,000
23,950
$5,500
$1,500
$0
1,950
1,250
5,200
6,450
TO DATE
$0
$0
$0
35.:
0.5
0
0.5
33.5
4.5
74.5
SYNOPSIS
_.__._ __.�_.�_-----_.___.._�____._�___.....vr.�__��--------.. ..__..___ _. _ .__._..._..w._._ ,..„ �
FlRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR NOVEMBER 1993
46
CALLS FOR MONTH R9%E Fif� RfiE PERCENT CLEAN MONTHLY G9d OFRCER SQUAD 1ST SPECIAL
16 CALLS CALL CALLS ATTENDED lP DRILL MTG MTG DRILL RESP. ACT.
YEARTODATE ATT'D HOURS ATT'D THIS 1 2 2 2 ADM
222 MONTH MONTH YEAR YEAR FIOURS t�lfRS HRS. HOURS HOURS HOIyRS HOURS FfiS
80
Adrian, Ed 8 8 131 59% 1 2 2 4
Chisier, Bill 3 3 55 25%
Blaeser, Bret 9 9 27 59% 1 2 2 2
Coates, Aaron 7 7 121 55% 1 2 2 4
Connoll , Marcus 2 2 103 46% 1.5 2 2 1.5
Coonan, Mike 5 5 95 43°/a 1 2 2 2 4
Dreelan, David 9 9 158 71 % 1 2 2 2 4
Dreelan, Paul 5 5 1 12 50% 1 2 2 2 4
Hennin , Scott 1 1 1 1 162 73% 1 2 2 2 2 4
Husnik, Ted 3 3 78 35°/a 1 2 2
Kaufmann, Mark 4 4 104 ••47% 1 2 2 2 4
0 0%
Klbur , Jim 4 4 133 60% 1 2 2 3 2 4
IGn sle , Ro 3 3 120 54% 1 2 2 2 4 4.5
Klarkowski, Walt 2 2 67 30% 1 2 2 4
L akko, John 12 12 129 58% 1 2 2 2 2
Lerbs, Bill 5 5 141 64% 1 2
Lerbs, Jamie 7 7 1 18 53% 1 2 2 3 2 4
Lowe, Geor e 9 9 149 67% 1 4 2 3 2 4
Maczko, John 5 5.5 96 43°/a 2 2 3 4 2
Maczko, Mike 10 10 113 51 % 2 4 2 4 4 4
Marascuilo, Mike � 2 1%
McNamara, Ran 5 5 25 11% 1 2 2 2
Nelson, Gerald, Jr. 14 14 180 81 % 1 2 2 2 4
Neska, John 7 7 1 19 54% 2 3 4 2
Olund, Tom 6 6 66 30% 1 2
Oster, Tim . 7 7 101 45% 1 • 2 2 4
Perron Jim ' 8 8 1 15 52% 2 3 4 4
0 0%
0 0%
PeRon, Kevin 1 1 72 32% 1 2 2 4 4
Shields, Tom 5 5 99 45°/a 1 2 2 2 4
Sk'erven, Gor 7 7 124 56% 1 2 2 2 4
Stein, Keith 9 9 150 68% 2 2 2 3 4 4
Stenhau , Jeff 10 10 105 47% 2 2 3 4 4
Weinzettel, Tom 4 4 73 33% 1 2 2 2
Weisenbur er; Ken 4 4 130 59% 1 2 2
Zwim, Dick 10 10 88 40% 1 2 2 2
TOTALFORMONTH 220.5 TOTALATTENDED 33.5 27 25. 9 30 23 6
TOTAL FOR YEAR 4183.5 TOTAL MAN HOURS 33.5 5 2 4 8 2 6 65.5 8 8 18.5
THIS MOMN LAST MONTH IAST YEAR
AVE. RUNS/MAN 6.88 X�0000000C )OOOOOOOOC
AVE. MEN/RUN 13.75 17.94 17.83
AVE%FORYEAR 51.53 52.20 50.87
C
� 1 �
The department responded to 16 calls in the month of November. T'he most
of the calls involved carbon monoxide gas. Fire responded to 604 Watersedge Terr
the evening of November 19th. Homeowners were suspicious that their home was
overcome with cazbon monoxide. Evidendy their two children were over come wit]
carbon monoxide just the day prior to our arrival. Health East transported the childi
the hospital. Our gas detector was used and found that there was not nay carbon mc
in the home at that time and that the air and home were safe.
Five days later we were called back to the same residence again. This rime
detector showed extremely high levels of carbon monoxide throughout the home. '
chief stayed on the scene until a hearing contractor arrived and deternuned that the E
system of the furnace was not working properly. Exhaust gas was collecting insid
home instead of going outside. Repairs were made immediately.
TRAINING
�� �
The monthly department drill consisted of a video presentation from the
"Carbuster" series. Size up, controlling and securing of a vehicle accident scene
with high level extricarion was the theme in the first part of the video series.
S�uad Drill
The monthly squad drills consisted of reviewing videos from the "Fire
series along with a reading workbook on the topic.
� .�
First graders from Mendota and Somerset Schools visited City Hall on two
occasions. The visit was in order to see how City government works together.
Representatives from Fire, Public Works, Police and Administration were on hand
enlighten the students on their responsibiliries while worldng together as a team in �
City.
serious
.ce on
to
g�
fire
I of the
The 1970 For pumper went to Custom Fire Apparatus to have the Squrt
(articulating arm) removed from the chassis and to have a new 1,0(}0 gallon water
mounted within the body. The truck was gone approximately three weeks and is n w back
in service.
Firefighters had their first four hour review to renew their First Responder c
(First Aid). The refresher consists of 16 hours and will conclude in late December.
�
�
�J
CYTY OF 1►�NDOTA BgIGHTS
i i:,+ •
� December 15, 1993
To: Mayor, City Council and City Adminis
�
From:
Subject:
Kevin Batchelder, Administrative Assistan
Acknowledge Donation to Mendota Heights Par�Cs and
Recreation Department �
DISCUSSION
On December 14, 1993 the Parks and Recreation Dep�rtment
received a letter from Dr. Thomas Koepke, DVM thanking the C' ty for
providing pedestrian/bicycle trails and donating $100 owards
supporting the aims of the Parks and Recreation Depa tment.
(Please see attached letter and donation.)
City Council muat acknowledge and accept all donations de to
the City. Due to a lack of a quorum, the December Pa ks and
Recreation Commission meeting was canceled and there was not an
opportunity to discuss how this money might be approp iately
dedicated.
The Council should consider authorizing the Mayor to xecute
a letter of appreciation to Dr. Koepke accepting the donat'on and
grovide staff with direction for earmarking the money.
,
ACTION REQIIIRED
If the Council so desires, they should pass a motion ac
this donation to the Parks and Recreation Departme:
authorizing the Mayor to execute a letter of appreciation.
0
�epting
it and
•
•
Mer�do�a ��ig�j�� �'ir�a� �-Io�pi�al
December 25, 1993
Mendota Heights Parks and Recreation Committee
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Mendota Heights Police Department
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Mendota Heights Fire Department
2121 Dodd Road
Mendota Heights, Minnesota 55120
� � `�, •.
,� �
-,i:
Dear Mendota Heights Employees and Volunteers, .
I appreciate the support of the police department this year and
the confidence received by myself for having a well trained and equipped
fire department. The trail system for biking and walking in Mendota Heights
is a wonderful asset to the community.
This year found me purchasing a home at 539 John Street in Mendota Heights
which is a nice bike ride to the animal hospital along Dodd Road. I am enjoying
the consideration given along Dodd Road to widen the road allowing for walkers
and bike riders.
Please use the enclosed check in any manner you desire to support the
aims of the department and the morale of the staff.
Thanks for making Mendota Heights a very special city in whi to ive and
operate a business.
ruly,
� a77�tt/� � ,
Thomas Edwin Roepke VM
¢:�� �: �'u�;e;'a:';� .. ;�,t�x��:: . . �.. . . . `:Y " � ',: .
, '" ,'�.�• j. �S 1. 9..
., .���',.�.:;„ ru''.t?.': ='.'r -:.;�. ,
NDOTA HEIGHTS ANIMAL HOSPITAL ;,;. .�. •
, N "`• 7HOMAS;:EQWIN KOEPKE� D.V.M. '°'�� ,75-1679/960 .-,
� � _ .��- ,�ssa .noo� R�. December>��5 , s 93 �a.
. �� " Bh1p0'�A`HEIGHTS, MN 55118 " "
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. _ _" .o . a�r - �'i� -�'Y . ...
ta Heights Parks/Recreation
_
undred Dollars -------'-"- t��.?`-'
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- �•---..._ ��:.� . ;�:-'.. ����,�
IS '+,.`. ' '. - .
MN`55118i4 ���
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ll�s �/C� j �.:cw .._
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$ 100.00
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December 21, 1993
1Vz Hayor and CSty Counetl
CIwIIKS ISST bTIl4fARYz
Total Clatms
SSgaiftcant Clatms
'Business Reeor�s
Hughes 6 Costello
MHCC
Tracy Tripp
UnusuaZ CZ+sima
Minn Dept Trspt
Coo1 Air
Danner
ISD 197
Lovrer Miss River WMO
Varda
0
mtcn contract
prosecuttons
sac chgs
gas
bPidge signals
pw garage
mayfTeld hgts storm swr
sumner program
mayfield hgts storm swr
police alarm system
�
91,939
3,080
2,191
5.940
2,898
11,583
2,812
25.640
2,612
11,658
3,048
"�L•
• ^P;r.•r..�ss•y!lti;Mt?('r"�;s:i�. . . • ' �, ��,
.
: . . .. . :
::.: �x.t�. ' � . _ _'
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, . _.�_. .. 'R"".. .�_"'".__.
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... . . , . , �., --�, .... . . . , .... . .
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'� 17 Dec 1993 12/21/93 Dept 10-Adm Dept 50-Roads
Fri 12t01 PM Claims LS�b 15-Engr 60-Utillties page 1 -• - �-
City of MendoEa H�ights 20-Police 70-Parks "9'=,.
� `�' 30-F1re 80-P7anning
Temp Check Number 1 40-CEO 85-Recycling ��
� � Temp. 90-Animal Control
, Check �
Nuraber Vendor Nare� pccounb Code Comments Hmount
1 Earl F Hndercon i qssoc 01-4420-050-50 sipns 68.11 �
1 Earl F Rnderson d Asioc 01-4420-030-30 aign: 42.02
; 1 Earl F Rnderson t qssoc 01-4420-050-50 signa 351.13
' � 3 ----
�
Totals Temp Chsek Number 1 461.26
.�
i Temp Check Number 2
1 2 Rirsignal Inc 01-4210-020-20 dec svc l5.7B �
� 2 Rirsignal Inc 01-4210-030-30 dec svc �.�6
4 23. 54 ' 1
Totals Temp Check Number 2
� Temp Check Nunber 3 �
� 3 ASRP SoftNare Ex
, pr�st 01-4301-110-10 softaare 100.34
3 ----- n
i )
Totals Tsmp Check Number 3 100.34
`. T�np ChecK Nur�sr q d
� Batt�ry b Tire HereMouae 01-4330-490-50 parts 66.07 U
_ 4 Battery i Tire Warehouwa 01-4330-440-20 apiys 130.80
' 4 Batbery i Tire Werehouse 01-4330-490-50 rbn SB.29cr
-3.:,� " 4 Battery i Tire Warehousa 01-4330-490-50 rtn 16.59cr ��
.. _ , 16 ---
:-.�� Totals Temp Chrek Nureber q 121•99 ��
Temp Check Number g
� a' ;: �i . ��
��" ' S Board of Bater Caamissfoners 01-�425-315-30
`�'Si' _ balance due 19.15
, r.,��. • ' S : )
. c•:. ., . ��_
``' Totals T�mp Check Number g 19.iS
`..�
';`�.� , 6 Bryan Rock 01-4422-070-70 ballfield lime 1�049.76
6 ------ l)
Totals Terap Check Number 6 1,049.76
. '
Temp Check Numbar 7
�°t�' �`� ���`� " 7 Busimss Records Corp 01-4330-640-12 r�
„�'�•'s mten contr optech 1, 540.00
�
f� .%
� -------•- - •-- --_ ........ ........•-----_•_'•'- •--• ----------
.. ..._.._ ----�_..._._. ^-_*-•- --•-•-- - �_-___._...__��--
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� � Ai
� 17. Dec 1993 Claims Liat
Fri 12t01 PM City oP Mendota Heighta
� � Temp Cheek Numher 7
Temp.
� Check
� Number Vendor Nnr� Recount Code
� 7 Busin�sa Recorda Carp 01-1145
� 14
; Totals Temp Ch�ek Number �
3
Temp Chsck Number g
� 8 City Mobor Supply 01-4330-490-70
� B City Motor Supply 18-�330-490-60
8 City Motor Supply 01-4330-440-20
8 City MoEor 9upply 01-4330-490-70
32
� Totals Temp Check Number g '
Temp Chack Number 9
� 9 City of W St Paul iS-4330-490-60
)
- 9
ToEals Temp Chock Number 9
Taep Check Number 10
. 2 .
#" 30 Comaissioner of Trspt 88-4460-704-00
�i - �0
, Totals Temp Check Number 10
. Temp Check Number 11
� 11 Consunicatiom Canter 01-4330-440-20
' 11 Communications Center 01-4330-440-20
.. �
ToLals Temp Cheek Numbsr 11
Temp Check Number 12
� ���.i� onnac Inc 01-4210-030-30
�- l';�- Y
', �•�{ 12
, Totals Terap Check Num6er 12
- TenP Q�eck Numbrtr 13
13 Cool Rir Mech 04-4460-000-00
13 Cool Rir Mech 04-4460-000-00
26
� ToSal: Temp Check Number 13
Comments
mten contr optech
parts
part�
parta
parts
93 intercept mten
re mend br
rprs
rprs
nov svc
re pw garage
re pw 0arag�
\
Pege 2
Hmount
1.540.00
3�080.00
324. 65
67.58
42. 90
264.11
699.24
646.00
646.00
11,593.00
ii,sea.mm
140.SB
162.89
303. 47
24. 56
24.56
2� 590. 00
221.81
2�B31.B1
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� � 17'Drc 1993 . Claims List Page 3 �"
r `.? Fri 12eQ1 PM City of Mendota Hefghts 1
if
Temp Check Nurnber 14 �"
Temp. �
• Check
Number Vendor Name iiccount Code Comments pmount
�4 Dahlgre» Shxrdlov� Uban 01-4221-135-80 nov reiainer 1�A06.00 �
14 1�409.00 Q
.� Tota2s Temp Gheck Number 14
� � Temp Chmek Number !:� �
, IS Dis Com of Minnesbta� Inc 01-4330-A50-30 rprs 209,10
25 Di� Com of Afirmesota� Inc 01-4330-44ID-20 rprs 56.70 �
� � 15 Dia Com of qinnesota� Inc 01-4330-p40-20 rprs 199.80
15 Ais Com af Minnesats, Inc 02-i336-450-30 rprs i5Q.60
35 D!■ Com of MSnnr�oCa� Inc 01-4330-AS0-30 rpr� 37.80 Q
iS Ais Com of Minn:sota* Ine 01^A330-460-30 rpr� 4A.64
� 15 Dis Com of Minneso�a, Ync 01,-4330-450-30 rpra 135.01
38 Bfs Com of Mirntesota, Inc 01-4338-450-30 rprs 4fi.e8 �
120 • 859.43
! Tatals Temp Chcek Nurnber IS
Q
Temp Ch�ck Numdrr 16
, i6 Darmer Inc 29-4460-861-00 pymt 2 mayfi�ld hghts 25�640.31 Q
16 25�640.31 �
Tataln T@mp Chrck Numbar 16
.� T�mp Chmck Numbcar 1� �
}, �� 17 El�c�ro Watrhnan 04-4460-000-00 r� pw eddn 995.00
I7 Electro Watchman Hi-4335-3i6-50 qtrFy svc 81.50 U
17 Eleetro Watohran 01-4335-310-70 qtrly �vc 81.50
17 62eclro Natrhman i�-4335-8i0-66 qrtly svc 81.52
., 68 f.239.52 U
' Totwlfs Temp Check Numbsr 17
j; Tamp Check Number 18 ��
�=>'; 18 Blroys Svc is- - - . t�
�z 18 22.52
�• "."� Totals Temp Check Numb�r 18 �
�,}
! Temp Chsck Number 19
19 Cierten 6reenhouoe 08-4490-000-00 splys 366.31 �•'
� r ------
' 19 366. 31 ; �
Totals Tetap C;hsek Numb�r 19
„ 7�mp Check Numbptr 20
• j 20 Olobm Printit�g 0l-4300-020-E0 splys 26.36
t- �
}_..... ._ _ ,
. �
17 Dec i993 ' C3aimn List Pape 4 `
� Fri 12�01 PM City of Mendota HeighCs
� ,.
� Temp Ch�ck Numher 20
? Temp. '
; Chack _
iNumbror Verd ar Nsae� Recount Cods Commenbs Rrnount
� 20 qloba Printing 01-4300-020-20 spiys 131.92
20 Qlobe Printing 01-�300-020-20 splys 24.10
� 60 f82.18 �
Totals Temp Ch@ck Nureber 20
. Tea�p Check i�tumber 21
'j 21 Qopt�er $tate One Cail 15-4216-66fl-6H oct svc 9.60cr ��
� 21 poph�r Statm Ona Csll SS-4210-060-60 nav �vc 33.75
. � A2 24.75
� Satals Tsmp Check tJur�Etr 21
7emp Check Numbar 22 ��
22 Hughes i Cofttello 01-4222-120^E0 nov pros 2�193.10
g2 2.191.10 �
Totals T�np Check Numbar 22
. . Temp Ch�ek tVumber 23 i�
� 23 Identi Rit co � 01-4E00-620-26 qrt2y ch0 102^00 J
�3 102. 00
7otals Temp Ch�ck Numb�r 23 {•a
Temp Ch�ek Number 24
. 24 inberstate Lumber 04-4460-000-00 ra pw garage 103.84 '�
24 103.B4 �)
Tnbwls Termp Chm�ck Number 24
��� � T�mp Check Numb�r 2� f)
r�� +� 25 Tnver Qrovr Ford 01-4380-A60-30 parta 15.91 ,
",�`�`� ' 2S Inv�r 9rova Fard • • 02-4330-49H-�D parts
. �
•'h'"^' � 24.26 .,.
Tatals Temp Check Numb�r 25 �
Tenp Check Number 26 ' �
•' Lb I 8 A 197 01-4435-200-70 aummer adv prog 2�612.50 '"j
a�6 2,612.50 r�
Tobals Ta�rop Cfieck Number P6 '
' , Temp Ch�ck Number 27 1
�:: � 27 Intoximeters 01-4330-AA0-80 cplys 35s.71
. j _..�_ _.._ �.,...—_.._ _.._....__.___..._ _... �._..�_.__. _.._.__.,..____. _ _ .._ - -..._ _ _ _ _._ _.._ _ _._..,_ _�_,. . ___._.__-•- -... _ _..__._..__.
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�
17 Dec 1993
' Frf 22s91 PM
, Tamp Check Number
Temp.
Check
Number Verrdar Naaam
.. f
�
Cla4ms I.ist
City of Mendats Hefghta
27
Account Code Comments
Page S
Amount
t"
n
' � .� ��_ iZ
27 355, 71
7otals Temp Check Nudber 27 �
.. , Temp Check Num6er 28
' r'�
•� 28 Leonsrd Kanitz 01-4410-050-50 bnl clothing nllow 48.�7
28 4$. 77
� Totale Temp Ch�ck Number �$ �
Temp Check Number 29 �.�
� 29 Knox Ca��roi$1 Credit 01-4305-076-70 splys 27.55
29 Knax Commerci:l Credit 01-4305-070-7@ splya 29.73 `�
29 Knax Goaamerclal Cr�dit 01-4305-030-30 spiys , 29.75
1 29 KnoK Commercial Crsedit 04-4490-000-00 �plys 59.55
�, 29 Knox Ca�amerrfal Cr�dtt 35-4305-060-6D splys 36.63 �
i 29 Knox Commarcia2 Credit 15-4305-0b0-fifl aplys 58.55
� 29 Knox Coeern�rMal CrvediE 01-4305-050-50 splys 2�.11
' y --- • -----
... 203 261.87 ��
TotaFs Te�sp Chsek Nuntber 29
� Tamp Ch�ck Numbsr 30 _ ' C�
. k 30 Kfmball MidKest 15-4305-060 60 �plys 3?.9b �
30
3'7. 96
i Totals T�mp Ch�ek Numbmr 30 ��
� . � Temp Check hiumber 32
� 31 Thaetas Knuth 86-4415-704-00 mi reim6 35.d4 �
31 Tho�as KnaLh 42-44I5-846-60 mi refmb 14.28
• 3I Thomas F{nuth i6-A425-824-00 mi reimb 9.52 ��
, S1 Thomas Knuth @�-4�15-105-15 mi reim6 11.76 •
!24 -�-
p 8c er 31 � . {...}
'r .. � Temp Gheck Numbar 32 -_�_ �
32 ifustaa Signals Inc 01-4330-440-20 rprs iS0.00
� 32 '� 150. @0 �.J
Totiala 7�rep Check Number 32
� Temp Check Namb�r 33 w•�
1, 33 Ouy Kulland�r 0q-4415-000-00 mi relmb 9.80 }
; _. __._�._ .,.._ - -- . ........... . . _ -•. _•--� ------__-' -- - ..___". . --�--'--•--.. . - - - - _....._..�.._ _ .. ._ ._ __ .._._ _ __.. _.
�
, �; -- -_ _ � .. _
� aafjj !7 Dec l993
� Fri 12t01 PM
l Te�ep Chsek Number 33
Tamp.
•' � Check
���'r Nunber Vendor Name
��,'r"� " 33 Ouy Kullander
°t ,.{ 33 Ouy Kuliander
'�'+' 99
� Totals Teap Check Nu�atrer
�•`�'�� Temp Check Numher 3A
,;c:.y
;}�i ::{ 3A l.eaf Brws
' ;;:� � i;. 34 Geaf $ra�
p:,: ;r,. ,A 34 Leef St^4s
t„� 102
Totals ia�ap Check Numit�r
, Tenp Ch�ck Number 3�
� 3$ �e»fer A T
• 3S
Totala Temp Check Numtrer
✓,
" ienp Chsek Numb�r 36
?
36 L.ower Miss Riva�r NMO
36
' Sota;ta 7emp Check Num6er
I 7emp Chm�ek Numher 3�
• �31 Mac Gtaeen
� 37
',f Tota2s Samp Check Nurabsr
� i`r
•;..� " Tenp Ch�ck Numbe�r 38
.. %�;.r t
� '�� � 39 Matsrim7s Mgmk Ca
. .. � 38
. •, Totals Temp Check Number
� � Temp Chmrk Nurober 39
39 Mairix Lxser Care
39
iatals Temp Check Flumbtr
T�mp Check Numb�r 40
+40 Mendota Hefghts Rubbish
�,.>
. �
:;
.�
_ _.. � .r _......_.
Ciaima List
City o£ Mendota HQights
Accaunt Code
04-442g-@60-60
01-4490-i@9-09
33
01-4335-310^50
0f-�33S-320-7H
SS-4335-310-60
34
0i-4330-490-70
35
29-4220-861-00
36
01-4330-490-Sfl
37 �
38
01-p300-030-30
39
BS-4L80-320-50
Commants
mi reimh
exp reimb
nov avc
nov svc
nov sv
rpr�
r� mayfield h8hts
splys
�Plys
nov �cvc
Page 6
Rmount
25.24
25. 98
61. 07
13.89
13.89
13.89
41.6?
824.36
824.38
11�657.74
11�657.74
22. 49
22.49
L�$� E0�
279.20
94. 79
94. 79
50. 30
�
i t
:_J
� 5
. ._ _�
• ` 1
i? Dec 2993 Claimx list p$gg 7 ��
� Fri f2:0f AM C£ty of Mendota Heights
Temp Check Number 40 �
. ;
, Tctnp.
Check . , n
Number Vandor�Neroe pecount Code Comments qmount
46 Mendota Neightt Rnbbish Hf-4280-3i0-70 nov svc 59.30 Q
A0 Meridats Heiphts Rubbiah 35-4286-310-60 nov svc 80.35
i40 M�ndota Heights Ru6bish 01-42B0-315-30 nov svc 43.08 Q
ib9 f94.03
•.'� Tabala Temp Check Number A0 �
T�mp Check Number 41
f 41 Matro Wastr Contral 15-4�49^660-60 �av cac chgs 6,000.00 �
� �'1 41 Metro Haftta Control 15-3615 nov cma chgs 60.00cr
B2 5.940.60 Q
Tata2s Tamp ChQek Number 41 �
� T�mp Check Nurnbmr 42 • n
` 42 MidKest Siran $ervfc� 07-4330-000-00 dec mten &2.40 �
42 62. 40
f 7otels 7emp Check Number 42 f�
. Tamp Check Namtrer �3
�3 Mirmesotw Bearing 01-430�-050-50 parts 130.50 �
43 Minns�ota Braring @i-4305-070-70 parts 34.29
86 189. 79 �
ToEals 7�mp CHack Number A3 .
:: t4;i �::�i Tsmp Check Nnmbsr A4
0
'S:5'.
` 44 M R U M A 01-4404^110-10 dues 25.00 �
� � 44 85.60
-` Tota2s Teep Check Nure6er A4 `�
� �!
� � Tenp Check Numbmr 4S
ove nc E- 305-05H-50 scpiys 55.65 � ��
, . •e� 45 6S. SS
�j 7otals Teeap Ch�ek Numlrar 45 �.�
v Tsmp Check Number 46 ..�
. i ...
� 46 Mirm Stabm F C Rsa» 01-4305-030-30 video 30.60
j �6 30.00 � �
� Totals Tenp Check NurobQr 48
Temp Check Numb�r 47
� �
.. . .._.....�. _._'"_"'_""_'... .. _ .._....'_"".,."'..,""'....._'._"'�„' _'-.-.,...._. ......_...�_...�....»...._._._r
_>:.�_...._..___.r .._...-�i'• :— _
- . • ... . •_.-�- -,.._..__^.
. . .. ....... � . �. . �. �...�i':�...:1%".� . . .
. _..._ . . r.. ._ _.._..__-.
� ,.
_ . _ ..--e�.,.e... ...i..... ,-„„i. � " „r.,,... �4�
'f,` � t ,
� `'w, , . . •.^''y`.ti � ., i yr' ' � ' " v. :Y � � �`;`J.. s ,' y
.f{':.: i�..;.. ' s��� . . " ..iiti,�; .
� :�_�.` • . � r_, � . :i:,,. ,',
.,
, .
,r, _ - , �: .,:.`.._ .
' �' `v:'� �� '
. ,.. .
;: ir:.... . . . _ .- . . . ,
,. ..=- '
.t . ,.
y _ _, . . .. , �" .,. .........�..._._.., ---
�.::.y..» ... r.,. � : _ '
�__._.__._...--.__... ............."" _-......,........»...�._.--- '.__.�._____n„_.._.......» .,.._.._. �..;. ..
� ' --" -. _ .. .;.r.
% 17 Dec 1993 Claims List pa�� g �i:
� Rri f2�01 PM Cfty oF Mendota HeighEa
Temp Ch�ck Numb@r 47 .
Temp.
Chaek :1
� Number Varndor Nam� Rccount Codca Comments qmounb
,; 47 Minnesota Toro Fne Hf-i330-430-70 parts 313.18 '�
� t �
� 47 313. 16
Totals Temp Check Numbsr 47 �
� Temp Check Numbtr 48 �,�
�
' 4B Morton ihokol 01-4421-050-50 aafe t salt 757.99
� 4B Morton Thokol 01-4421-050-30 aaf� t salt _`T48.71 .�
96 �
� Totals Temp Check Number qg 1 506.70 �
'j Tetnp Chaak Number ;9
� ' ` Y C1
49 National Safety Councll 01-4305-030-30 balane due, 3.80
49 3. 80
' i Tota2s Te�np Chack Number i9 •��
razrn. "
Tamp Chmek Numbar 30
. � ;'1
� •"; 50 Ne�teh Foundry 01-�337-050-50 grata 58.58
•M �1� r����
j 58� s8 `�
'�;r `•-� sm
. 1 Totals T�mp Ch�ek Number 50
� p' Temp CM�ck Numb�r 51 '_!
. S1 NorlhNesbern Aggrsgate 03-4421-050-5@ ice rook 646,27 �
� 31 `
i• Totalw Tssp ChQek Number gi 690.27 f'
�, ' 1 Termp Chsrek N¢mber 52
;:f �-� ..� 52 Northern 13-4305-060-60 • sPlys 29.77 �.�
: t..
� �; 52 NarLhern iS-430S-060-60 aply¢ pi.BS
52 Nortbsrn 01-4305-4150^�0 .)
, : 62-4305-870-T0 spiys 42.85 •
�'�", 52 Nortfiern 01-4305-050-50 splys 16.93
,. i --
. + P60 172. 30 '�J
Totais Tsa�p Check Numbar 52
`� T�mp Ch�ek Num6�r 53 '.'
3
S3 Mark.OFsmn 81-4268-65H-50 mowing � 700.00
� . 53 "7@0.00 .•
Tot�lf Tenp Check Num6er 33
, ,
_ _....____.. ..----•-_... _ . _. ._.,_.. ,�--
; , . ... .. . ........�_,_ _ .. _..._ .....__.
r_ .. __ _ _.. '
- :-
� ---. ... -' - ------------.
. . ,�._...--
' i? Dec 3983
' �' Fri 12s01 PM
Tgmp Check Numb�r 54
_ T�mp.
Chack
� Number Vendor Naror
5+4 Oxyg�n Servfce Co
54 Oxypen Service Go
S� Oxygen Saervic� Ca
i 34 Oxygsn 3mrvice Co
� B4 Oxygen 5ervicQ Co
270
- Totaln Temp Check Number
T�mp Check Nu�bor 55
SS Piorieer Rim & Wheel
. �
=,j Totalts Temp Check Number
. ,
� Temp Chark Numh�r 56
, 56 Public Empl Ret Aman
� S6 Public Empl R�t Rssn
56 Public Empl Ret qasn
, � 268
Totals Temp Cha�ck Nureder
� Tsemp Chsck Numb�r 57
57 Hruce Ri�b�a
� 57
Tatals Tamp Check Humber
. �
Temp CMeek Numbar 58
58 3hasrock C1¢aners
. .i --
; � SB
Totala Temp Check Number
--�T�kT�-ChecF' a�m6er 59
3
t 59 8mven Corners Hea� Hdwe
1 59 Saven Corners Ace Hdwe
� 59 Seve� Cornars Qco Hdwe
177
j Tobalt Terop Check Number
; Teap Check Numba�r fifl
�
� 60 Snyder Drug Stores
3
� � .._..
� �>>°' ;
•'w r.
. � ����:'�.
Cla£ms List
City of Mendata Hei�hts
Flccount Code
61-43tb8-@50-59
01-i305-070-�0
15-4305-060-60
08-4335-000-00
02-4305-030-30
S4
01-4330-490-70
5�
oi-2e7A
01-4131-110-10
@i-4131-020-20
:�6
01-433Q-A60-30
�
0f-44I0-@20-20
S9
01-4305-050-50
13-4308-060-60
tIIi-4305^05@-50
�9
01-4303-030-30
Comrnents
splys
splya
splya
act thru 11/30
ac thru i£t30
parta
dec pr@m
dec prem
dec prem
rpra
nov cl»g
uplys
aFlys
splys
�plys
Page 9
Hmounb
20.65
20.05
20.04
9. @0
13,50
62.64
64.05
(ati. $.�i
60. 00
9. 00
12.00
81.00
1@5.00
3 fl5. 0D
98. 37
95.37
22. 74
113.A2
i5$. 88
269. 04
9.08
r�
)
r
• .:�.
: �,,. ". .
:�.��,. '"� �
,� `:yi;i
^:: '� r
<•.. �
-.._........_.� -.. ' '---.........._ .
I
� 17 Dee 1993 Claims List
Fri 12t01 PM City of Mendota Heights
� Terep Check Number 60
Temp.
Check
Nureber Vendor Name Recount Code
I 60 Srry'd�r Drug Storrs 01-4300-070-�0
120
Tolals Temp Check Number 60
Temp Check Nun�ber 61
61 8pectru� Comp i PrinLer Rpr 01-4330-490-10
61 Spectrun Comp i Printar Rpr 05-4330-�90-SS
61 8pectrur Comp i prinler Rpr l5-4330-490-60
61 8pectrun� Comp i Pr1nler Rpr. 01-4330-490-10
61 Spectru� Comp i Printer Rpr 01-�330-490-10
� 305
� Totals Temp Check Num6er 6!
Temp Check Number 62
I 62 Southview Chev 01-4330-440-20
I 62 8outhvieN Chev 13-4330-490-60
� 62 Southview Chev 01-4330-440-20
186
• Totals Tamp Chaek Num6er 62
Tanp Check Num6er 63
63 Spectacle Shoppe Inc 01-4305-030-30
63
Totala Tanp Ch�ek Number 63
Tamp Check Numbsr 64
64 St Peul DSspaEch PP 01-3613
64
Totals Tenp Check Numbar 5q
� ( _)
'}� t`-' 65 Star Tribune
Y 01-3615 for sale ad 72.00
� 6S --w l_)
-"',, Totals Tsap Check Nurebsr 65 72.00
Temp Check Num6er 66
ivl
, 66 St Jo�eph Eq 01-4330-490-80 parts 38.21 �-�
• 66 ---
„ Totals Terep Check Number 66 30.21
� ' � . - - _ - , ._._ _-----..._._.._.._, . ___._.--•-•• -•-.� _.__ _ __._. _-------•• f -• ------�--- - -- i_
Comments
� aplya
rprs
rprs
rprs
rprs
rprs
parta
parts 409
parls 2242
splys
for sale ad
Page 10
Hrnount
35.38
44. 46
39. 35
39. 3S
39. 30
91.98
322.35
532. 30
11.21
1.23
63.79
76. 23
640.00
640. 00
55. 20
55.2B
�
.�
.. . ._ . � .__.
�---
. 1? 17ec 3993 G2aims Lfst
Fri 12i01 PM Cfty af Mendat� Heights
T�mp Check Num6er 67
• ' T�mp.
� Gheck
•� , Number Vendor Nam� qccount Code
67 Sutt Newspapers 03-42#0-080-89
. I 67
Totals Temp Check Number 67
� T�np Check Nurnb�r 58
6B Traay /Tripp Fuel 01-1210
7 `
� 68
Totals Tomp Check NumR�er 69
i
' Ttaap Check Numbe�r 69
69 U 9 SJest Communicatfons 01-4220-110-10
' 69 U 8 West Communicxtionm 01-4210-020-20
� 69 U S West Comeunica�tiom 01-4210^040-40
64 U 8 Hest Gommunications 6B-i210-205-i:�
� ; fi9 U 8 Wtst Comeu»ica�tiom SB-4210-060-60
69 U S West Communicationa 01-4210-030-30
A14
7otals Tamp ChQck Number 69
� T�mp Check Number 70
78 Unitorms Un2lmited 01-4+ri0-0z0-20
70 '
� 7oEa1• 7emp Check Numb�ar �0
� Tamp Chetk Nambsr 71
°` �� 71 Varda Co 01-4620-020-20
71 Varda Co 01-2186
, 1�2
' 7otals Temp Check Number 71
� .
� 72 Viking Industrial Cntr @1-4305-Q70-70
. j 72
� Totata Tamp Check Number 72
Tenp Check Number 73
73 Watergate Marina 02-4330-446-20
73
� Totala Temp Chsek Number 73
1
Comments
hrg not
gas
dec svc
dec ava
dec svc
dec svc
dec svc
dec ld
sp2ys
alarre �ystam
alarm syatem
aplys
rprs
Page 31
Rmount
183.i2
323. 12
2. 898. 42
2,898.42
333.88
464.32
56. 58
16$.81
412. !S
8. SB
frA58.32
259. 02
259. 02
2�600.00
Ak8.55
3�046.55
69. 33
69. 33
387.00
389. 00
��J
° �J
��'�•�5.
';h•r .
� y�:: ..
��h �
.\��•. _ _" """.._ ..� ....
,;`.�;',' . . 17 D�c 1993
�'>" �'f, Fri 12e01 PM
• ;.r. . c
Temp Check Numb�r 74
�.'`..'::..,
..:. . Tsrep.
- Check
•.. Nur�ber Vendor Na�ne
' 74 Wristocrat
* 74
Totals Temp Chsck Number
T�mp Chrek Number 7S
75 Wurth USR
75 Wurth USA
� 75 Wurth USR
E25
Totals Temp Check Number
Tsmp Check Number 76
� 76 Zacks Inc
76 Zacks Inc
� ' 76 Zacks Inc
� -� 228
� Totals Trmp Check Number
� Tenp di�ck Number 77
� 77 Zep Mt0 Co
77 Zep MPg Co
77 Zep Mfg Co
77 Zep Mfg Co
� �. .4 30B
Totala Tamp Check Num6rr
".. Temp Cbeck NuMbar 7B
78 Ziepler Inc
.''^' �- � 78 Ziegler Inc
` � 78 Ziegler Inc
78 Ziegier Inc
� . . � 312
., j Tot�lm Terep Check Number
. •i
, � 6312
� Orand Total
. � .r
. � � • � ..
. . ��'
.. •�
\ ............ .�
Claims List
Ciby of Mendota Height�
iiccount Code
01-4300-110-10
74
01-4305-050-50
01-4305-070-70
15-4305-060-60
75
01-4305-050-50
01-4305-070-70
LS-4305-060-60
76
01-4305-050-50
01-4305-070-70
35-4305-060-60
01-4305-050-50
77
01-4330-490-50
01-4330-490-50
01-4330-490-50
78
Comments
aply�
splys
spiys
splys
splya
splys
sply■
splya
splys
aplys
splys
parls
parts
partc
Pege 12
Rmount
29.52
29. 52
19. 10
19. 10
19. I S
57. 35
145. 00
145. 00
144.99
434.99
310.75
110.75
110.77
81.76
414.03
6.39cr
1, 022. 42
12. 91
���..��4G-
1�040.53
91�939.17
,
�
MANUAL CHECKS
14480 439.66, Dakota ComnLy Bank petty cash
14482 2,752.39 • " •' f7re pd payrolt w/h
14483 1,270.80 Cortmissioner of REvenue "
14484 1,027.�1 pERA • "
19485 26,345.92 pdyroll a/c '
14486 76.68 Dennis Uelmont exp reimb
14487 151.75 Dianes Ward tuition
14488 3,148.24 •State Capitoi C U 12/10 payroll.
14489 . 883.58 �orwest Bank ' "
14490 5,000,00 Mfnn Public Lobby
14491 •13.84 PERA 12/10 �ayroll
14492 8,743.83 "
14493 800,00 Mino Mutual
14490. 210.00 Hinn Stafe Retire Sys ""
14495 745.17 . ICMA RT "
14446 256.80 Dakota�County Fio Sve "
14497 475.00 Dakota County Bank , • "
14498 3,608.36 Carmissioner of Revanue
14499 '.15,686.52 Dakoia County Bank "
14500 .43,975.17 Payroll a/.e ' . � "
115,610.94 _
G.T. 207,550.11
�
�
• � --•-------•-- ------•---•------- �
:. --__..__..•,-,.�.•-�- --------•-----
, -- ----
�. . 'Y
,.
To:
From:
CITY OF MENDOTloi HF3IGHTS
��+ •
December 17, 1993
Mayor, City Council and City Administrator
Kevin Batchelder, Administrative Assist����
Subject: CASE N0. 93-25:
DISCIISSION
Deeb - Conditional Use Pe
Wetlands Permit
Mr. Gerald Deeb, of 1780 Dodd Road, appeared before
Council at their December 7, 1993 meeting to request a'
Permit and Conditional Use Permit for Accessory Structure
construction of a`detached garage (proposed at 988 sq. ft
City Council felt this atructure was too large and in an at
reach a solution the consideration of this matter was c
until Tuesday, December 20, 1993.
Mr. Deeb has indicated to staff that he desires to ren
existing tuck under garage to a workshop and that he has a
to reconfigure the size of tYie proposed detached garage.
on Friday morning he indicated there are no revised site p
that he desires to discuss a reduced size detached garage w
Council on Tuesday evening. A detached garage of 840 squ
(28' by 30') was discussed on December 7, 1993 but r.
direction was provided by City Council on an acceptablE
solution.
City Council should meet with Mr. Deeb and cons�
suggested revisions. A proposed resolution is attached
based on the Planning Commission recommendation from their
meeting. This resolution stipulates that the existing.tu
garage doors be replaced with french doors and that the
detached garage not exceed 800 square feet.
ACTION REQIIIRED
t and
he City
etlands
o allow
). The
empt to
ntinued
�del his
tempted
owever,
ans and
th City
re feet
> clear
design
any
t is
under
�posed
Meet with the applicant and consider any suggeated revised
plans for a detached garage. If the City Council des res to
implement the Planning Commission recommendation, they sho ld pass
a motion adopting Resolution No. 93-� , A RF�SOLUTION APP OVING A
WETLANDS PERMIT AND CONDITIONAL USE PERMIT FOR 1780 DODD OAD TO
ALLOW CONSTRUCTION OF A DETACHED GARAGE.
If City Council desires to take alternative act
should direct staff to prepare a resolution of approval/d�
appropriate findings of fact.
�, they
al with
r r
CZTY QF MII�i'DOTA BETGHTS
DAR4TA COIINTYo MINNESOTA
RE50LIITI4N NO. 93-
A RESOLUTiON APPROVTNG A WETLAt�TDS PERMIT AND A CONDIT20NAL IISE
PLRMIT FOR 1780 DODD ROAD TO ALLOW CON5TRIICTION OF
A DETACHIsD GARAGE
WHPRSAS, Mr. Gerald Deeb, of 1780 Dodd Road, has ma.de
applica�ion for a Wetlands Permit and a Canditional Use Perm.it �'ar
Acces�ory Structure to construct a 988 square foot, detached garage
on his property at 1780 Dodd Road, as proposed on re�rised site
plans submitted November 23, 1993; and
WHEREAS, the Mendota Heights Planning Comma.ssian opened a
public hearing on October 26, I993 and continued �he publa.c hearing
to Navember 23, 1993 and reviewed said application; and
WHEREAS, lacking a quorum on November 23J 1993 those members
of the Planning Commi.ssion present far the meeGing, based upon the
public record produced on Oc�ober 26, 1993 and November 23, 1993,
suggested to the Mendota Height�s City Council that a We�lands
Permit and a Canditional Use Permit for Accessory Structure be
appraved with the following conditions;
1. Size o� the garage to be less than 988 square feet, with a
suggested size of 840 sg, ft. to accommodate a three car
garage.
2.
3.
4.
5.
The exi.sting, tuck-under garage door be removed and replaced
with french doors, as proposed.
Landscape andjor seed the entrance to the old garage.
Builda.ng material.s and colors to match the existing house.
Landscaping on Dodd Road be completed to help screen the new
structure �ram Dodd Road.
W8ER8AS, The City Councii reviewed said app�.ication for
Wetlands Permit and Canditional Use Permit for Accessory Structure
at their December 7, 1993 meeting. '
NO�G' TBERIsFORB IT IS BEREBY RRSQLVED by the City Council of the
City of Mendota Heights that the proposed Wetlands Permit and
Conditional Use Permii� £or Acceseory Struc�ure i� consistent with
the �general welfare of the c3.tizens of the community and the
surraunding land; and
BE IT FIIRTBER RESOLVED, that con�truction of said !etached
garage is consi�tent with the genaral purpose and in.tent of the
Zoning Ordinance; and '
BE IT FIIRTSER RESOLVEA, that the We�lands Pe 't and
Canda,tianal Use Permit for Accessory Stnzcture at I'780 Dodd oad be
approved subjec� ta the following condi�.ions, said con itions
being:
1. Size of the garage to be less than 803 sg. ft. to acco adate
a three car garage.
2. The existing, t�uck-under garage door be removed and r placed
.with french doars, as propased.
3. Landscape and/or seed �he entrance to the ald garage.
4. Bui].ding maGerials and color� �o match the existing h use.
5. Landscaping on Dodd Road be completed to help screen �he new
structure from Dodd Road,
Adop�ed by the City Council of the City of Mendota Heigh�s t�is `7th
day of December, 1993.
CITY COUNCIL
CITY OF MENDOTA HFIGfiTS
�
n
_i_l�� - .. __
Rathleen M. Swan�on, City Clerk
n
ensotto� Mayor
0
CITY OF MENDOTA HEIGHTS
MEMO
November 19, 1993
T0: Planning Cammissian
FROM: Revin Batchelder, Adminis�rata.ve Assistan �
SUBJECT: CASE N4. 93-25: Deeb - GUP and Wetlands Pern�.ti,.t
DZSCUSSION
At the October meeting, the Planning Com�nission continued �he
public hearing on planning case No. 93-25 at the applicant's
request. The Planning Commission, at that time, reques�ed
additi.onal in�'ormation and revised drawings . Mr. Deeb has complied
with this reques� and has submitted new site plans for review {see
attached glans).
AGTION REQIIIRED
Conduct the con�inued public hearing and make a recornmendation
ta the C3.ty Council an a Conditional Use Pernu.t and a Wetiands
Permit.
'+� = � , •..
0
v +
�
PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATIONS:
Bac,kground
. ,,,.�•,,,. .
::C)1SCl�I_I'I`al; I'L•\`..`:C•R�
L ��i:l.�:(:r"�1'L• :\F('I ii'i 1:(' ; `
;(111 Plh�l' i,�'C!�iJ:: 6c<11; l E�
CI tlTl: ' I�)
\}1\\C:\1'(?L.Iti. '.1\ :i.Jl?i
�il?•.�.i�J i.illfl
26 October 1993
93 25
Gerald Deeb
1780 Dodd Road
Conditional Use Permit and
Permit for Detached Garage
John Uban
Mr. Deeb has been before the Planning Commission this past summer reviewing his request .
detached garage and associated wetlands permit. The City Council refunded.Mr. Deebs orig
wetlands permit fee and directed Mr. Deeb to make pr.oper application and was directed to a�
Conditional Use Permit and a Wetlands Permit. These planning requests should be considerE
simultaneously. The Wetlands Permit needs to address bodi the existing condition of the Dee
residence and site improvements as it relates to the relocated Willow Creek and the Wetlands
the proposed detached garage. The Conditional Use Permit is for the detached garage which
1,000 sqtiare feet in size. Mr. Deeb has applied for and paid the fees for both a Conditional
and a Wetlands Permit.
Mr. Deeb has submitted an abstract certificate listing all properiy owners within 350 feet
hearing should be held. Notice was mailed and published.
CondiEional Use Permit for Detached Garage
The garage is proposed to be detached and the existing garage is to be used as a hobby shop
garage door removed aad a double-wide door installefl in its place for access to the worksho�
pmposed garage is 29 1/2 feet by 33 1/2 feet for the outside.dimension. This creates a gara�
square feet in size. Three garage daors aze proposed on the front and one on the side each a
accessing a different storage azea within the garage. The applicant has submitted a drawing ;
his boat and recreational storage azeas as access by each garage door.
etlands
or a
nal
ply for
d
�'s
Permit for
is under
Use Permit
a public
ith the
The
988
Gerald Deeb, Case No. 93-25 26 October I993 Page 2
The garage design and materials as noted on the submitted plans are compatible with the existing home.
No lights are shown on the building plans and we assume none are proposed. No new grading is
proposed and drainage configurations are not necessary for this plan. No existing trees are proposed to
be removed and no new landscaping is proposed either. The location is over 150 feet from Dodd Road
and sets behind the front of the house. The proposed gazage will generally not be seen from nearby
roads or homes.
The house sits on a lot that was platted without utility easements. Consideration may be given to
requiring appropriate easements as in other platted properties along the perimeter and for the 12 inch
culvert running through the property for Pine Creek.
As reviewed above, the applicant has submitted the required information for Conditional Use Permit
under Section 5.62. Site development plan has been included for your review showing location of the
garage on the properry. Existing easements were not shown because there are none and sewer and
water is not being proposed for the garage. Floor Area Ratio calculation is not necessary for a garage
under 1,OQ0 square feet according to the current ordinance. A dimension plan is included but since no
grading or landscaping is being proposed for the garage, these materials were not included.
Wetlands Permit
Two considerations should be addressed in ihe review of the Wetlands Permit. First of all, the existing
condition should be noted for a wetlands permit to include the existing home and driveway. When
Willow Creek was moved, the home fell within the 100 feet of the relocated creek. The creek itself is
sunounded with vegetation on both sides and the Deeb property is maintained with a wooded edge
along the southern property line. There is no significant drainage from the properiy entering the creek
that would cause erosion or destruction of native vegetation.
The other oonsideration in the Wetlands Permit is for the proposed detached garage. The proposed
garage will sit on a portion of the properiy that has already been leveled and will not need additional
grading. Because no grading is necessary, we anticipate no vegetation will be removed. The proposed
garage sets back 25 feet from the southern property line and is 36 feet from the center line of Willow
Creek. A site plaa has been included that shows the previous location of Willow Creek and the area that
has been diverted to an underground culvert for Pine Creek. The proposed garage is locate� 41 feet
from the Pine Creek culvert.
Past considerations included whether or not Pine Creek could be reinoved from the wedand map
because it has been placed in a culvert. The garage will not have any appazent impact on drainage into
Pine Creek and the general lawn azea is proposefl to be kept in the rear part of the Deeb pmperty. The
remainder of Pine Creek north of the Deeb properry will collect additional drainage from other areas to
the north if developed. The City may wish to consider this a drainage ditch versus a creek and
eliminate the entire Pine Creek sectioa from the wetland map. The Wettands Peimit-should note these
condidons for the record to clazify the property rights for the Deeb homestead.
Gerald Dceb, Case No. 93 25 26 October 1993 Pa�e 3
Acfion Required
Conduct a public hearing and make a recommendation to the City Council on the request C.U.P. and
Wetlands Permit. Conditions to be considered:
1. Provide standard easements for drainage and utilities on the Deeb property, specifi � ly for Pine
Creek and perimeter easements.
2. Existing garage door to be converted to a 6 1/2 x 9 foot double door.
3. Any disturbed ground adjacent to the garage be seeded and mulched within a week f
construction.
4. For the wetlands permit recognize pre-existing condition of the house and driveway�, recognize
the culvert for Pine Creek and recognize the condition of the proposed garage const�udion.
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DEEB PROPERTY
. Case �93-17
, , ME?''- �TA HEIGHTS, MN
P.
K���ble
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S U BJ ECT
PROPERTY
LC' �
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G. Deeb
,o� � f .
K ebl
'c el n Homes, In .
MARTE AVENUE
NORTH
�' 100' 200'
W. 8c P.
Rush
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October 1, 1993
I�ETTER 4F INTENT
The purpose of this letter is to bring to the attentian of
Mendota Hts City officials that I, Jake Deeb, whom resides
at 1780 Dodd Rd would like to apply for a wetlands permit in
order to secure a Conditional Use Permit which then would
allow me a Building Permit for construc�ion of an unattached
garage on my property. I believe a wetlands permit is
needed first in order to proceed with this project.
The proposed building site wauld be located appraximately
36 ft, from the Willow Spring Creek {as shown an map).. The
city ordinance requires a buildi.ng to be iQ4 ft, from the
defined creek (Willow Spring� bed. The elevation of the
garage floor will match the elevation of my�home�s lower
floar elevation and will be approximately 5.5 to 5 feet
above the creek elavation.
Presently I have an existing single tuck-under garage in my
home. The garage area will no longer be used as a garage
and converted into a waod working/habby shop, once the
unattached garage�is aonstructed. The problem in closing
off the existing garage, is that I would like to have aocess
into �he shap area from the outside. I presently have a 28"
wide service daor entering the lower levei, but not
accessible to the proposed shop area. I am not oppased to
blocking off the old entxyway (garage door) but I s�ill feel
I would like or need ano�her door (entrywayj into the shop
oF at least 4 to 6 feet in width. I believe that there are
many aptions as to how best will answer the City's question
to terminating/removal of the �uck-under garage and I would
like to reserve this question Eor discussion at the next
Planning Cammi.ssion Meeting.
Page 2
In my previous attempt at securing a wetland� permit, t�e
Ci�y CaunciljMayor determined that I did not need one a d
that I needed a C.U.P. instead and voted to refund my p it
fee (Sept. 7th meeting}. Upan applying for a Conditian
IIse Permit, I again was �old that I would need a wetlan
Permit first. In requesting a wetlands permit, I would ike
the Planning Commission to consider.
1. Past history of the moving af the Willaw Spring
2. Remaval of the section of Pine Creek {that crasses
my property) from the City's Wetlands Map since it
has notfno longer qualifies as a wetlands area.
{See Zetter from the Soil District S. Rernickj
3. Consider restoring�iay property•s Grandfather's right
as they applied ta the property pre 1987 when the
creek was maved. I believe �Ghat moving the creek
has placed a restrain� or hardship on my property
that was non existent before 1987. Before 1987 and
the creek mov3ang; my property, the home, driveway,
and other par�s oi the dw;�lling such as deck were
all in complianae with the City's ordinance. Af�er
moving the creek that no longer holds true. Because.
of circumstances involved, I believe that the City
shauld take the necessary steps in restoring or
correcting the situation at this time.
I believe �ome of the options to solving fihe problem
be:
1. Move the creek �Willaw springj back to it�s original
locatian and restoring the ar-ea as close to i�s
original st�ate. This will then restare my property'
rights back to compliance with the Ci�y's ordi.nance.
2. Relieve my property of the restraint placed upon it
and restore my praperty rights and leave the creek
in its present location. .
�M11 • ►.l�►11.� • :!� :Yf.
July 28, 1993
TO: Planning Commission
FR.OM: Jame,s E. and K�vin Batchelder
Public Wo r Administrative Assista.ut
StJBJI3C'T: Case No. 931T: I�b Wexland Pernut
Histoncal Review of Wil1ow Creek
�.!! ' � � t hEl� � �
At #heir Ju1y meeting ti� P1a�aiLg �o-�iEssio� ta�lai :� we�l,��nds a�pli�m fznam IvFr. Jak;�
De�b to allow time for staff to ���s<;arch some of t1u bis�orp of. #hc c�r�k near his prvpased gara,ge.
�� : i !. i� '
1
Lot 2 is the ]azge lot Iacat�d immediately south of Jake Deeb's 1ot thai cantaias Wz�1ow
Cr�c and its intersection with Pine Creek �see attached map). In 1483 Mr. 7ack C`allahan, then the
owner of %t 2, Willow Spriags Additiou war�d with the t� to c%velap a pZaa to subdivide the
lot into 3 new lo�s. App�,�val af this plaa i��cluded cous'xd�a�ti.on of t1� wetiands penmi#s x+equired
for the prcr�a►sed homes and cz�ek i+eiocation, j�iaaoes t�o fro� yard set�ac3� for the hames, a plat
and fidliing of the lots. 1i� appmpdaze public hearings wt�re hcld bq the Planniag Cammission and
C�.y Couna'1 wbich many of the neighbors atteaded and parti�ii� in. Nati�e was pnblished in the
Ciiy's o�cial newsp�ger and Mr. and Mrs. I�?ouglas Sciimid� ow�ners of L�at 1 at the time (now
Deeb pm��erty} we,�e no� of the hearings (z�e�ved mai2ed aotice, at�ached} bnt made no
comments tbat were recoarded ia the minutes. C`ouaa"i appraved Mr. Ca[tauan's plaa and bids we,�e
t�a bp the City to move the C�see att�ched z�soiution). Mr. CaIIa1�n felt tbat the bids w�rre
for moving the cre�c weie too high, so albandoned the praject and danated the Iot ta Bxady 8'igh
School as a tax write-afif, �
Brady �gh Schoal thea sold the Iot to a deveiaper, Mr. l�ike M'G. xckeelson, in 1986. Mr.
Mir,3��son met and aegotiated with the City Counc� to develap the Iots a,ccoxding to tb� Cal[lahaa
appravals with soma c�awges (see attach�ci Dc.weloper's 1�►greemant). Mr. I�cSaelson gr�utt�ed the
aecessary drai�na,�e tasemenis and the City relocai,ed the cre�k in I9$7. Mr.. I�"aickelson has tal�n
no fittther a#ion to develap the Iots since the are�c �elocaiian.
�� . • . '.'! ��'t�.._.;�,. � . � �_ : � i Y
Mr. I3eeb was before the Planaing Commissioa on 7u1p 27, 1993 requesting a wetiaads
permit far a prolwsed garage to be oonstxuc�ci to within 36 feet of Wi'Ilow Cre,�ek an.d 41 feet of
Pine Cree1� Both of tiiese cm,eks or drainage ways appear on the City's Wedands Ordinance Map
and therefoz+� requir� penmits for any conshuctioa or land altera�aiaa withim 100 feet of their center
Iine (see attached caPY�• .
Willow Cx�k was retocated by the City in 198T however the pm�wsed g�ge is within 41
feet of Pine C�c�eek aand wauld still have re�uired a pernxit had the Gity aot reloca#ed Wi11ow Creek
• _ YAAA
�
_ . � .._ _ _ �_..-- - - .
Since the Tuly PJ�anning +Gommi,ssion meeting, Steve Kemik, Dakota Coun Soil & Water
Consenration Di�sticict, visited the site at Mr. Deeb's request and submit#ed the attached Ietter
autiining his findings,
VARIANCE A.ND CONDITIONAL USE PERIVII'P:
Ii Mr. I3eeb is not able to safisfy the City tbat his existing garage will be e
need to apply for a variance taa the City's Iimitatioa on having only oae g
Cond'xtional. Use Pernut to have an aGcessory s�rudure in exc�.ss of 144 s��,uare
attached 3uiy 29th Ietter ta Mr. Z�b.
i ' i i' �! 1
Rev�iew Mr. De�ceb's wetiands pernut application and his design paroposal for
existing garage and determine if he needs to make application for a variance and
penmit. Shauld it be determin�d tbat Mr. Deeb needs a variaace and a coadita.onad
wetlan.ds peanii appiicaiian should b� t�bled and be considered with those new �equ
adequately assure the Planning Commissian that he is remaving or eliminating his e
then the Planning Ccammissiaa needs to make a reaammendation to the Gity Connca�,
Pernut r�quest. a
�, he will
and far a
]Pease see
�minating his
aditional nse
� penmit, the
`s. If he can
►`�g 8���
the wetlands
�QAKQTA �'QUI�JTYSOIL A1�D WAT�R
CONSFRVATI4N DlSTRICT'
August �0, 3.993
Jake Deeb
178Q Dodd Road
Mendcta Heights, MN 55 � � $
Re: Wetland Determina�ions
Dear iSr. Deeb:
Farmington Professionat Buiiding
821 Thicd Street
P.O. Bax 129
Farmington, MN 55024
Phone: �b12j 46Q-8004
FAX: (612) 460-8401
�
This letter is a follow-up to 'the mee�ing we had at the
above address on August 4, 2993. You had reques�ed that I
come out to yovr property and dete�m3.ne whether ar not
wetlands as defined by tha Minnesota Wetland Cansezvation
Act of 1991 (WCAj were present on; or adjacent to, yaur lot.
As you know, the WCA defines a wet�land as an area that meets
three criteria: ij it must have�hydric soils, 2� it must
have a predomin�nce o�' hydrophytic vegetation, and 3j it
aa�ust have wetland hydralvgy. .
There were two areas i.r� question: 1) the south boundary af
your groper�y, and 2� a depressional area ru��ariing north and
south through appraximately the center of your property.
sauthern BounaaGtq
- As you �plained to me, at some time in the past
� (approximately 1987�, t,he City of Mendota Heights altered
the stream channe2 which flows ta the west in the area south•
of your proper�y. .The alteration resulted in the stream "
channel being moved closer to your hance. This then
apparen�iy put your hrnae out of campliance with a City
ordinance which regulates the distance of structuzes from
wetZands. �
From the standpoint af the Wet,3,and Conservation•Act of 199I
the movinq af the stream channel made no difference in the �
wetland baundary. 2'he area south of yaur hame has served as�
a drainage swale for many years. The soil in this area is
Kata silty clay loam, a hydric soil which developed cver
time. 2'he entire swale area ccntains hydrophytic
vegetation, and the stream provides the wetland hydrology.
AN EQUAC OPPORiUNti'Y EMPl.OYER .
�'
0
page 2
J. Deeb
August 10, 1993
In my opi.nion, maving the stream channel simply reroute
main water flaw through the same wetland complex. The
actual wetland boundary probably has remained the same.
wou2d estima�e that the wetland boundary as defined by
WCA is very� close to your sauthern property boundary.
�tarth-8auth Depression
The second area we laoked at was the depressional area
through the center of your proper�y, Although this are was
probably at one time an cpen ditch, the water is now
channeled through a�vert. '�'he area over the culver� as
been bac:kfilled, graded in�o a� small -swale, and lawn� gra ses -
have beea planted over the area.
In our opinion, this area is not a wetland. It meets na
of the f�hree criteria for wefiland �s defined by the WCA.
The soil is nat hydric, fi..�iere is no hydrophytic vegetati
aad the existence of the culvert has remeved i�he sovrce
wetland hy�dralogy. �
in closing, 2 should xuention that these detexminafi.i.ans a
based on ihe manual referenced in the WCA, wiu%ch is the
Federal Manual ior 2dentiiying�and Delineating
Turisdictianal Wetlands. The City of Mettdota Heights is
designatedr governme�tal unit for aciministering the WCA,
as such, is free to adopt stricter wetland regulations i
so desires. �
2 hope this information is useful to you. If I can be
any furt��er assistance, please contact me.
Sincexely,
��
5teve Rernik
Urban Canservationist
cc: Jim Danielson, City af Mendota 8eights
the
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DEEB PROPERTY
�a�e �93--17
MENDQTA HEIGHTS, MN
( C r
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G. Qeeb
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S U �J ECT
PROPERTY
'c el n Nome�, inc.
MARIE AvC�UE
rroR•rx
0' S0' i ' ' 200'
W . 8c P
Rush
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Ojt.3JOVl 1401
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,��.endota Heig ts
A�'PLICATION FOR CONSIDERATIOI'�t
OF
PLANNING REQUEST
Case No. � ��� �
Date of Appiication
��,ti�, Fee Paid `"
` j 'Z� f---� � Ery�� ..� p�o
Agplicant Name: �r '"�" .
(r-�)
Aaa�: f 7�''d �..�l�7,��
trr��� s�x�
OwnerName:
t�rst) {M�
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{i,ast}
- ".Address: 17 c�'iD �o �G� f�
(N�mbea 8c Sueex)
Stc�et Location of Ps+operEy in Questian; �
I.egal Descriptioa of Praperty: �-'� � f
t
fai'1.c�
T�pe of Request:
Rezoning Variance
,�C _ Coad'itianal Use Peanit --� �� Subdivision Apgruval
Conditional Use Pemut for P.0 D. �_ Wetlands Pemait— t�
Plan Approval . Other (attach explanatian)
C.ompmhGnsivc Plan Amendment
Applicable C�ty Ordinance Neunber Section
Present Zoa�ng.awf�Progert� ���_ Present Use •� Pn+�.G�
Proposed Zaning of PmFenY �~� P�vPosed Usc � e
L�
tr
I hemby da�anc that a12 stat,cuncats madc in this roquest and o sddidonat� �����%�—'
mateiiai are itu� •
t
{Signature t�' Appticattt)
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(Recei�ed by -T�tle� " •
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Jo � / �Y..�
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CITY OF MENDOTA HEIGHTS
TO: � Mayor, City Council and City
December 17, 1993
Administr
FRONI: ; Lawrence E. Shaughnessy, Jr., Treasurer
�
SUBJECT:} Revised Contract for Private Development -
� Northland Insurance Company
. t
DISCIISSION
i
At our December 7, 1993 Council meeting, the action
Contract for Private Development on the Northland Insurance
project was tabled to December 21, 1993 to allow additional
negotiate modifications in the Agreement.
on the
ime to
Attached to this memo please find an amended copy of the
Contract for Private Development for your review. C ntract
language which has been added is shown with����i� while 1 nguage
which has been deleted is shown with ^'-M�,-��..'- .
You may recall the key issue in question at our last eeting
involved the inclusion of "land writedown" as a reimbursab e cost
with Tax Increment proceeds. More specifically, objectio s were
raised regarding the inclusion of land in the amount of $40 ,940 on
the exhibit entitled °Site Improvements".
In the revised version of the Contract, two exhibits h�
prepared, one entitled Exhibit E-1 "Site Improvement Costs°
other entitled Exhibit E-2 "Reimbursable Costs". Land co
included in the first exhibit but are excluded from the
exhibit. Section 3.5 of the Contract has been amended, in �
read "Notwithstanding the schedule of costs set forth on E
E-1, the City and the Developer hereby stipulate and agree t
assistance provided pursuant to this Agreement is intended
to reimburse the Developer for the Reimbursable Costs (or �
thereof) listed on Exhibit E-2 attached hereto. .." Thi�
makes it very clear that the City is not reimbursing the De
for the cost of land writedown. �
ACTION RE4IIIRF�D
ve been
and the
3ts are
second
art, to
xhibit
hat the
solely
�rtions
change
veloper
Consider the revised Contract for Private Development and if
acceptable, approve by motion the contract between the ity of
Mendota Heights and United Properties Corporation and autho ize the
Mayor and City Clerk to execute the document on behalf of t e City.
� LES:kkb
�,-
�
� �� ,�
. r , � � � i �
�
THIS AGREEMENT, made on or as of the day of December, 1993, by and
CITY OF MENDOTA HEIGHTS (the "City"}, a staxutory city af the Sta.te of Minn�
its principai of�ces at I IOi Victoria Curve, Mendota Heights, Minnesota. SS I i
NORTHLAND COMPANY, a Minnesota coxporation (the "Developer"), with its pr;
at 3500 West 80fih Street, Suite 100, Minneapolis, Minnesota 55431.
WITNESSETH:
among THE
sota, having
8 and THE
❑ci�al ofiice
WHEREAS, the City is a statutary city of the fourth class organized and existing pursuant to
the Canstitution and laws af the State of Miunesata and is governed by the City ouncii {the
"Council") of the City; and �
WAEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statu es, Chapter
273, as amended and recodified (the "Act"), the Cc�uncil is authorized to establi�h evelopment
districts in order to provide for the development and redevelopment of the City; d
'�VHEREAS, pursuant to the Minnesota. Ta3c Increment Financing Act, Minnes ta Statutes,
Sections 469,174 et. seq. {the "T� Increment Act"), as amended, the Councii is a thorized to
finance the capital and administration costs af a development district with tax increm nt revenues
derived from a t� increment fmancing district estabiished within such development istrict; and
WHEREAS, the Council adopted the Development Program {the "Development
S, 1981 creating Development District Number 1(the "Development District")
Act; and
'WHEREAS, in connection with the Development P1an the Councii has
increment financing district pursuant to the Ta�c Increment Act (the "Tax. In�
and
'VYH]��REAS, the City believes #hat the development af the Development District p
Agreement, and fulfillment generally of the terms of this Agreement, are in the
of the City and the health, safety, morals and welfare of its residents, and in ac
public purposes and provisions af applicable federal, sta.te and local laws unc
Development Plan is being undertaken and assisted; �
NOW, THEREFORE, in consideratian af the foregoing premises and the mu�
representa.tians and undertaki.ngs of the parties hereto, each of them does hereby
agree with the ofiher as follows:
"} on May
iant to the
hed a tax
District");
iant to this
�t interests
d with the
which the
promises,
enant and
�
ARTICLE I.
Definitions
Section 1.1. Definitions. Unless the context otherwise requires, when used in this Agreement
the following terms shall have the meanings specified in this Article I. Each definition or
pronoun herein sha11 be deemed to refer to the singular, plural, masculine, feminine or neuter
as the context requires. Words such as "herein, ""hereinafter, ""hereof, ""hereto, " and
"hereunder, " when used in reference to this Agreement, refer to this Agreement as a whole,
unless the context requires otherwise:
"Act" means the Municipal Development Districts Act, Minnesota Statutes, Chapter 273 as
amended and recodified.
"Agreement" means this Contract for Private Development, as the same may be from time to
time modified, amended, or supplemented.
"Assignment Date" means the date upon which the Developer assigns the Note to the Lessee.
"Certificate of Completion" means the written certification by the City that the Minimum
Improvements have been completed in accordance with the terms of the Agreement.
"City" means the City of Mendota Heights, Minnesota.
"Construction Plans" means the plans, specifications, drawings and documents related to the
Development Property and the construction work to be performed by the Developer on the
Development Properry including, but not limited to, the following: (1) as-built survey of
Development Properiy, (2) site plan; (3) foundation plan; (4) floor plan for each floor; (5) cross
sections of each (length and width); (6) elevations (all sides); ('� facade and landscape plan; and
(8) such other plans or supplements to the foregoing plans as the Ciry may reasonably request.
"Conveyance Date" means the date upon which the Developer conveys or leases the
Development Properry to the Lessee.
"Council" means the city council of the City.
"County" means the County of Dakota, State of Minnesota.
"Developer" means The Northland Company, a Minnesota corporation.
"Development District" means Development District Number 1 created by the Ciry �pursuant
to the Development Plan.
"Development Plan" means the Development Program for Development District Number 1
. adopted by the Council on May 5, 1981, as the same has been and may hereafter be amended.
-2-
��
"Development Property" means the real properry legally described on Exhibit A
and incorporated herein.
"Event of Default" means an action or occurrence described in Section 7.1 of this
"Lessee" means Northland Insurance Company, a Minnesota corporation.
"Minimum Improvements" means, collectively, the Site Improvements and an
80,000 square foot office/commercial facility to be constructed on the Developr
hereto
Properry.
"Note" means the Limited Revenue Tax Increment Note substantially in the form f Exhibit D
attached to and incorporated in this Agreement, and to be made by the Ciry payable to the order
of the Developer and delivered by the City to the Developer in accordance with Section 3.2
hereof.
"Permitted �ansfer" means the sale or lease of the Development Property by th� Developer
to Northland Insurance Company, a Minnesota corporation.
"Preliminary Development Plan" shall mean, collectively, the Construction Plans d a11 other
writings, drawings illustrations or other artistic renderings, applications, agreeme ts or other
documents submitted to and approved by the City in connection with this Agreemen; and/or the
Project. �
"Project" means the acquisition of the Development Property and construction of
Improvements thereon.
�
Minimum
��Site ..::�:`:'��`��i;e� �:: � :: �" �"����mi�ri�''���:� �� means collectivel ::
::..: <:� �.;::::.>::<: .
.:..:::...:::::::.:::::::;:.>:�:::::::::;.: �:i�C::>::.::.<:��;::.�..:::::��:�::.::::::�::::..;:::� . . �.. ..�.: ?'� �`���certain un rovements
:.::.; :�:::;� ,..:>,.. ; . :.::.....:::::::.:.::::�;.:.::;:.;:::.:�:::.:�::::: �...�::: :.:.:::::,::::::::....::�.::... :::: ..;:.;. .;:.:..;:;::::::.> :::<�::,::.:::�:...:�:�::::::.>:
to the Development Property :������t��:::;�x:::�e:�.�.�:��'5���:�::::::�5���:.<Ct�:�.:;C����.::;�:�t;; � .�::::�;:'�'`�
..... .... . ..:.....:.:::... :.::.::.�.�:::.�::.:.�:::.::.�:.::: :.::.:: �! ...:_.:�..:.:.�:. ._.:::.::::::.:.:..�.:::::::;;.:.>:� ;:::::.:::.:>:::_::..::.::.;::.
�:��:i���:�:;A��;;.:as�: described on Exhibit E��'� attached hereto and incorporated her in.
"State" means the State of Minnesota.
"Tax Increment" means that portion of the real estate ta3ces paid �vith res ect to the
Development Property which is remitted to the City as tax increment pursuant o the Tax
Increment Act.
"Tax Increment Act" means the Tax Increment� Financing Act, Minnesota
469.174-469.179, as amended.
"Taz� Increment District" means Ta�c Increment Financing District Number 1
amended by the City pursuant to� the Tax Increment Plan adopted in conneci
Development Plan.
-3-
, Sections
�ted and
with the
r
"Tax Increment Plan" means the Tax Increment Financing Plan adopted by the City on May
5, 1981, in connection with the creation of the Tax Increment District, as the same has been or
may be amended from time to time.
"Tax Official" means any City or county assessor; County auditor; City, County or State board
of equalization, the commissioner of revenue of the State, or any State or federal district court,
the tax court of the State, or the State Supreme Court.
"nansfer" means any cessation of possession of the Development Property by the Lessee after
the ������ ��p����t;pi�:� Date for any reason, including (A) the cancellation of any lease
..::.,:� ::.... ..:... ..
entered into by the Lessee for occupancy and use of the Development Property and the Minimum
Improvements, or (B) the sale, assignment, conveyance, lease, transfer, foreclosure, or other
dis osition other than a ��� �`���� �� �
p ( ���1�%�; "'�'��:1��`�:;� mortgage, encumbrance, lien, collateral
.. .::: ..::...... ... .:. ..
. . ;;:;:::::�:::::::: :��:::>:..:;.:� ....::..:.:::.::::�:�:::>:::.�::;>::;;:::::..;..::.><� ::.:>: -.:::..:>::,:<::::;::::.:::<:;.:>�:::::::.::::...;::>:::::::�<::.�>�:;::::..:;::::>::;>:
assi�nment, or sunilar arran�ement ::. .. .. . ,. : . .. .. . .. . , _ _._ ._
(i) the Development Properry or any interest therein;
(ii) the Minimum Improvements, or any portion thereof;
(iii) prior to the Conveya.nce Date, the sale, exchange or transfer of greater than a fifty
percent (50 %) interest in the ownership, profits, or capital of the Developer,
determined with reference to all such exchanges accuning after the date hereof,
provided, however, that a Transfer shall not include (A) any transfer or disposition to
a corporation, partnership, lunited liabiliry company or trust more than 50 % of the
beneficial interest of which is owned or controlled by the Developer, (B) any transfer
to a corporation under common control with, which controls, or which is controlled by,
the Developer, or (C) any transfer to a natural person who owns a majoriry interest in
the Developer as of the date hereof or such person's spouse, children, grandchildren,
grandparents, or parents, or an entity more than fifty percent (50 %) of the beneficial
interest of which is owned by one or more such persons; or
(iv) after the Conveyance Date, the sale, exchange or transfer of greater than a fifty
percent (50 %) interest in the ownership, profits, or capital of the Lessee, determined
with reference to all such exchanges occurring after the date hereof, provided,
however, that a Transfer sha11 not include (A) any transfer or disposition to a
corporation, partnership, limited liability company or trust more than 50 % of the
beneficial interest of which is owned or controlled by the I.essee., (B) any transfer of
shares of Lessee in a public� offering registered pursuant to the Securities Act of 1933,
provided, however, that the business operations of Lessee conducted on and with
respect to the Development Property shall continue substantially unchanged at all times
after such transfer, (C) any lease or sublease of the Development Property by Lessee,
provided, however, that Lessee shall at all times continue to use and occupy not less
than fifty percent (50 %) of the net rentable square footage of the Development Property
and the improvements thereon, or (D) any transfer to a natural person who owns a
majority interest in the Lessee as of the da.te hereof or such person's spouse, children,
-4-
grandchildren, grandparents, or parents, or an entity more than fifty pe�
the beneficial interest af which is owned by one or more such persons.
"Unavoidable Delays" means delays which are the direct result of strikes,
materials, war ar civil commotion, delays which are the direct result of unfoi
unavoidable casualties to the Minimum Impravements, the Development Pra
equipment used to construct the Minimum Improvements, delays which are the di
gavernmental action or inaction beyond the control of Develaper, delays which �
h
resuit of judicial action commenced by third parties, citizen opposition or action
Praject or adverse weather conditions, or to any other cause or actian beyand tt
control of the p�rty seeking to be excused as a result of its occurrence.
ARTICLE II.
Representations and Warranties
Section 2.1. Representations by the Citv. The City makes the following
the basis for the undert�fking on its part herein contained:
a. The City is a statutory city of the State with aI1 the powers of a stab
the fourth class duly organized and existing under the laws of the Sta.te.
provisions of the Act and any other applicable laws, #he City has tl�..e po�
into thi.s Agreement and carry out its obligations hereunder.
b. The City has created, adopted and approved the Development
Deveiopment Plan, and Tax Increment District in accordance with the resF
of the Act and the Tax Increment Act, and the same remain in full farce
c, To fmance the obligations of the City hereunder, the City proposes
Note payabie to the Developez in accordance with the pravisions hereaf a
t� increment generated by the Tu� Increment District to the payment of
and interest on the Note accarding to its terms.
(50 %) of
zortages of
�eeable and
;riy or the
ct result af
: the direct
Ffecting the
reasonable
�
�ry city of
Under the
�r to enter
ict, the
�e terms
e:Ffect.
make the
to piedge
principal
d. The City makes na representations, guaranty or wananty, either express or
implied, as to the Development Property, or any portion thereof, its cond tion, or its
suitability for the Develaper's puzposes or needs or the ecoaamic feasib ity of the
Project. -
e. The cumulative amount of the City's expenditures of tax�increment �
Deveiopment District, including administrative costs, when aggregat
assistance provided pursnant to this agreement, will not exceed 25 % of the
of tax increment expended pursuant to the Ta.�c Increment Plan, in com
Minnesota Statutes Section 469.1763, subd. 2,
Sectian 2,2. Representations, CQvenants and Warranties by the Develouer.
represents and warrants that:
��
ide of the
with the
a amount
�nce with
(Develager
a. The Developer is a Minnesota corporation which has duly authorized the
execution and implementation of this Agreement through proper action.
b. The Developer shall operate and maintain the Min.imum Improvements in all
material aspects in accordance with the terms of this Agreement, the Development Plan
and all applicable local, state and federal laws and regulations (including, but not
limited to, environmental, zoning, building code and public health laws and
regulations). .
c. Subject to the provisions of Sections 3.1 (Developer Conveyance of Development
Property) and 6.2 (Consequences of Transfer) hereof, the Developer is and shall be the
owner of the Development Properry.
d. Subject to Unavoidable Delays, the Developer shall construct the Minimum
Improvements in accordance with the Preliminary Development Plan and a11 applicable
local, state or federal energy-conservation laws or regulations.
e. Subject to Unavoidable Delays, the Developer shall obtain, in a timely manner,
all required permits, licenses and approvals, and will meet, in a timely manner, the
requirements of all applicable local, state and federal laws and regulations which must
be obtained or met before the Minimum Improvements may be lawfully constructed.
f. The Developer covena.nts that the cost of the Minimum Improvements to be
I`fiwr�c '1k•if:i��:v'.�:"v'P:::!#h.ie«;r'i:
completed on the Development Properry shall be not less than �,:::,:�::�::�:';;::...�...;....::, ....... .. .....
g. Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, the acquisition, construction and development of the
Development Properry, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a
breach of, the terms, conditions or provisions or any corporate restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which the
Developer is now a parry or by which it is bound, or constitutes a default under any
of the foregoing.
h. The Developer acknowledges, represents and agrees that, but for the assistance
provided by the City under the Agreement, it would not be able to undertake the
Project.
i. After reasonable inquiry and investigation, to the best of its knowledge, no
"hazardous" or "toxic" substances (as those terms are defined in any state or federal
rule, regulation, statute or other law relating to environmental matters) is located. or has
been disposed of or released on, under or about the Development Property.
j. The Developer shall cooperate with the City with respect to any litigation
commenced with respect to the Development Plan or the Project. Except for any
�
willful or wanton miscanduct of the City, its employees, Council member
employees, the Developer shail save, hold harmless, and indemnify the C
against any and all costs, including reasanable costs of defense incurred
through an attarney af its choosing, with respect to any litigation comme
parties in cannectian with the Project or this Agreement.
ARTICLE ffi.
Undertakings of City and Developer
Section 3.1. Developer Conve.yance of Develapment Prapertv, The Dev
compietion of construction of the Minimum Improvements, convey titie to and
Development Properry to the Lessee.
Sectian 3,2. Limited Revenue Ta�c Increment Note. Upan the issuance by
Certificate of Completion, the City sha1l make and delzver the Note to the I}ev
a. The City hereby consents to the Assignment of the Nate to the L,�ss+
the Conveyance Date (the "Assignment Date"). The City sha11 not be
make payments on the Nate unti� after the Conveyance Llate.
, offcers ar
ty from and
by the City
�ed by third
may, after
sion af the
Ciry of the
on or after
bli�ated. to
b. The City's obligatian to make payments on the Note {"Scheduied �ayments"}
shall be limited to the aggregate amaunt af Tax Increment which the City �as received
from the �ounty, Iess aII prior Scheduled Payments ("Available Tax Incr ment"}.
c. In the event that the Developer or, after the Assignment Date, the ssee, shall
fail to pay the real property taxes assessed and payable against the D velopment
Property on or befare the due date for such t�ces prescribed in Minneso Statutes,
Section 277.p1 ("Delinquent Tax"), the City shall be forever relieved of i obligation
to make the next Scheduled Payment under and pursuant ta the Note "Forfeited
Payment"). The amount of Tax Increment attributable ta the Forfeited Pa ment shall
be includable in the determinaxion of Available T� Tncrement with respect to
Scheduled Payments other than the Forfeited Paymeut anly in the event at (i} the
Delinquent T� is remitted to the County, together with any appiicable penalty or
interest charges, and (ii) all ather Delinquent Tu� gayments are broug t current.
Thereafter, a11 Scheduled Payments (other than the Forfeited Payment} sh I be paid
in accordance with the terms and conditians of the Note and of this Agree ent. The
City shall not be obligated to make Scheduled Payments unless and until 1 taaces are
paid in full and cunent, together with any interest or penalties attributable thereto.
d. The City shall forever be relieved of its abligation to make Schedule Payments
under the Nate in the event that the Lessee shall cause or suffer a Tr fer of the
Develapment Praperty at any time after the Conveyance Date.
Sectiou 3.3. Place of Document Executian. Deliverv and Recording. Unless otherwise
mutual�y agreed by the City and the Developer, the execution and delivery of all doc ments and
payment of any amaunts due hereunder shall be made at the affices of the City.
-7-
-- -
Section 3.4. ���e::`�
....................... .
Completion by the City,
the lesser of (a) actual �
����1�� Costs. Upon issuance of the Certificate of
issuance of the Note, reimburse the Developer for
4iii:}:.
- ..... ..... .......... ... . ....... .. . . . ... ..... .,:.
:,.::�����: or (b) the sum of One Million Two Hundred Twenty-Nine Thousand Four Hundred
Four and 00/100 Dollars ($1,229,404.00). The Developer agrees to deliver to the City, in
connection with issuance of the Certificate of Completion, a certificate, in form and substance
acce ta.ble to the Cit acknowled in and warrantin the ��:�'<�:�i�ua�:':az�€�i��:�:���::����b�:s:���':�
: .:..:::...�;: :::..:..:::.::.:.�::::.....:.:::.::.:...:.:,..::;.:;.:;.:�.::;;;:�::g. g g .::..;:.:,:.:.::.,�.:.:.:.:.::::.:.:..:::.::::.::::::::.:..:.::.:.:.;:;�:::::..:..;�.;::.;�.;::::�
.... .... . .
Y�
. ::::::.:�..::;�:::::.:�:.::::.;:..:�::.:�:.:.:�.,:;....:. ;:.: ::���::.:.;:::.::..::; :....... ................ ..
��i��,::::€���;�`.C��::��:�::�ti�1:��t�t��::1?�.r:�:�i:: com letion of the .�...�...�::..: .:���!�� ::::: :P�`�: �� .
. .... . ... ..... ..:. .. ..........: ... . ... . . ...::: a P .. ...... ..?�.. ..:... ....... ..�:..: .: �.: .:.::;�..�.:.:�:�
Section 3.5.
??�5:�::::��:::�:��C#:::c��::>�i��:�:::�:��1::,;::f��� City and the Developer hereby sti ulate and a ree that the
..:::.�:::.�::..�..::::.:� .:::.::::.:::.::::.:::�::::.:::..::�::::::::::.::::.:.::::... P g
assistance provided pursuant to this Agreement is intended solely to reimburse the Developer for
th:.:,:.:�.:..:::�::;;»:>..:::�:.:::::::� ::::� �:.:.::::>� :::.;.::.::;�;.: :.,;:;>.;.:.:..:.:�::..�:::::::.:� :: ::: �,� :�;::;....:::..;::<.: :.:.::.: �:.:::::.. : �:: �::..::.:�::;::.
e .:....::...:..::::...:::.:.:.:.:���: . :;�. :.:�.: :..::��:.:.::. . . :.:.�.. .. ��1���r����::.:�t�sC�: (or ortions thereo listed on
.:::::.:::::.:: :: :.:.:.. .:....... ....... ..:...;.::;;:::�:�;;: 'C:«:;.>:::.:: . ... ....:::: .:
.::::.:..::...::::..:�:.:�::.::�.:..........................:::::::.:.: ...: .:....::..::.:.�.::� P fl
Exhibit F��2� attached�hereto, and that such assistance is in furtherance of the purposes of the
Development Plan, the Act, the Tax Increment Act, and/or necessitated by the unique
characteristics of the Development Property, its proximiry to the Minneapolis/St. Paul
International Airport, and/or the topography of the Development Property site.
ARTICLE IV.
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements.
construct the Minimum Improvements on the Development
approved Preliminary Development Plan.
Section 4.2. Preliminary Development Plan.
The Developer agrees that it will
Properry in accordance with the
a. The City has approved the Preliminary Development Plan as submitted by the
Developer.
b. If the Developer desires to make any material change in the Preliminary
Development Plan, the Developer shall submit the proposed change to the City for its
approval. The Developer acknowledges that upon entering this Agreement, the City
in no way waives its right of final approval of materials and submissions required
herein, including, but not limited to, final Construction Plans and the Ciry expressly
reserves its right to deny approval of any plans and permits should the Developer fail
to proceed in accordance with this Agreement and/or fail to perform in total
compliance with the obligations herein and the requirements of the City's Zoning
Ordinance and City's Subdivision Ordinance and other applicable City codes and
ordinances affecting the Construction Plans and/or the Development Property.
Section 4.3. Completion of Construction. Subject to Unavoidable Delays, the Developer
shall achieve final completion of the construction of the Minimum Improvements on or before
December 31, 1995. All work with respect to the Minimum Improvements to be constructed
:
or parovided by the Developer an the Development Property shall be done in I
workmanlike manner with quality materials and in strict compliance with the'
Development Plan as submitted by the Developer and approved by the Ciry.
The Lleveloper agrees for itself, its successars and assigns, and every successor in i:
Development Progerty, or any part thereof, that fihe Developer, and such successors
shall diligently prosecute to completian the development of the Development Prop
the construction of the Minimum Improvements thereon, and that such constructior.
event be campleted within. the period specified in this Sectian 4.3 of this Agreeme
the City furnishing the Developer with a Ce�tifcate of Comp�etion with respect to t
Improvements, the Llevelaper shall make reports, in such detail and at such ti
reasanably be requested by ti�e City, as to the actuai progress af the Deveioper wi
such construction.
Section 4.4. Certificate of Completion.
a good and
Prelzminazy
a. Promptly after final completion of the Minimum Improvements in
with thhe terms hereof {including the date for cpmpletian thereof}, the City
the Developer with an appropriate instrument so certifying (the "Ce
Compietion"}. Such certification by the City shall be {and it shaii be so
the certification itselfl, absent latent error or defect, a determination of sa�
the agreements and covenan�s in the Agreement with respect to the obliga
Developer ta construct the Minimum Impravements. Issuance of a ci
occupancy by the City with respect to #he Minimum Impravements shaii be
evidence of completion of can�truction of the Minimum Impzovements (�
be canclusive evidence of Developer's compliance with its obligatians hez
�terest to the
and assigns,
�rty through
shal� in any
nt. Prior ta
ie Minimum
b. If the City shall zefuse or otherwise be unabie ta provide the Ce
Completion in accardance with the grovisions af this Section 4.4 of this ,
the City shall, within ten (10) days after written request by the Developer,
Developer with a written statement, indicating in adequate detail in what x
Developer has failed to complete the Minimum Improvements in accordan
provisions af the Agreement, or �s otherwise in default, and what measures
be necessary, in the opuuon af the City, %r the Developer to take or perfo.
ta obtain such certification.
ARTICLE V.
Inssurance
Section 5.1. Tfevelapment. The Developer shali gravide and maintain at all time�
process of constructin� the Minimum Improvements for the bene�t of the Devela�
Ciiy and, from time to time at the request of the City, furnish the Ciiy with proaf
af premiums on:
a. Builder's risk insurance, written on the so-called "Builder's R.isk --
Value Basis," in an amount equal to one hundred percent {100%} of the �
�
s as ma�
respect ta
accordance
will furnish
rtificate of
prtrvided in
isfaction of
tians af the
��rtificate af
nma facie
� t shall nat
�vide the
�ects the
with the
acts will
in order
during the
er and the
f payment
value of the Minimum Improvements as of the date of completion, and with coverage
available in nonreporting form on the so-called "all risk" form of policy.
b. Comprehensive general liabiliry insurance (including liability arising from
operations, contingent liabiliry, operations of subcontractors, completed operations and
contractual liability insurance) together with an Owner's Contractor's Policy with limits
against bodily injury and property damage of not less than $3,000,000 for each
occurrence (to accomplish the above-required limits, an umbrella excess liability policy
may be used).
c. Worker's compensation insurance, with statutory coverage.
Section 5.2. Other Terms. All insurance required pursuant to this Article V shall be taken out
and maintained with insurance companies reasonably acceptable to the Ciry and authorized under
the laws of the State to assume the risks covered thereby. The Developer will deliver to the
Ciry policies evidencing all such insurance, or a certificate or certificates or binders of the
respective insurers stating that such insurance is in full force and effect.
ARTICLE VI.
Prohibitions Against Assignment and ZYansfer
Section 6.1. Identitv of Developer. The Developer recognizes that, in view of (a) the
importance of the development of the Development Properry to the general welfare of the
communiry and (b) the substantial financing and other public aids that have been made available
by the City for the purpose of making such development possible, the qualifications and identity
of the Developer and the Lessee are of particular concern to the community and the City. The
Developer further recognizes that it is because of such qualifications and identity that the City
is entering into the Agreement with the Developer, and, in so doing, is further willing to accept
and rely on the obligations of the Developer for the faithful performance of all undertakings and
covenants hereby by the Developer to be performed.
Seetion 6.2. Consequences of �ansfer. For the reasons stated in Section 6.1 (Identity of
Developer) hereof, the Developer represents and agrees that prior to completion of construction
of the Minimum Improvements:
a. Except only by way of security for, and only for, the purpose of obtaining
::::..;;;:::<.:.:.;.::::.: r� :. ...:...:.:: ::. >. .
financing ��� to �����:::�.��: enable the Developer �{�or any successor in interest
to the Development Properiy, or any part thereof;�� to perform its obligations with
respect to constructing the Minimum Improvements � under the Agreement, and any
other purpose authorized by the Agreement, the Developer (except as so authorized)
has not made or created, and will not make or create or suffer to be made or crea.ted,
any Transfer of the Development Property or any part thereof or any interest therein,
or any contract or agreement to do any of the same (except with respect to the Lessee).
b. No Transfer of the Development Property shall operate, legally or practically,
to deprive or limit the City of or with respect to any rights or remedies or controls
-10-
provided in or resulting from the Agreement with respect to the Develop
and the construction of the Minimum Improvements that the City would
there been no such transfer or change.
c. No Transfer shall be deemed to relieve the Developer, or any other
in any way by the Agreement or otherwise with respect to the constrL
Minimum Improvements, from any of its obligations with respect thereto
of its other obligations under this Agreement.
Property
had, had
�ty bound
�n of the
from any
d. Any Transfer of the Development Property, other than a transfer fro Developer
to Lessee referenced in Section 3.1 (Developer Conveyance of Developme t Property)
of this Agreement, shall relieve the City of any and all of its obligatio under the
Note.
e. Nothing in this Section 6.2 shall constitute a restraint on alienation orlprohibition
with respect to the conveyance of the Development Property.
Section 6.3. Effect of �nancing. Nothing herein shall prohibit or prevent the Dev loper from
. ;...... .,.
encum ering the Development Properry in order to obtain suitable, bona fide finan mg ���;zi
t��:ri��tr��:..��'' the develo ment, construction �.�:t?s�ri�:��Y�"::��:'� ex ansion or restor tion of the
.:..�..::::;:.:.�.:....�...:.::.::::...:::� P , � :.:...............:�?�� P
Development Property or the Minimum Improvements.
Section 6.4. Assignment. This Agreement and the rights, duties and
Developer hereunder shall not be assigned, conveyed, or transferred, and any
in violation of this provision shall be null, void, and of no effect.
ARTICLE VII.
Events of Default
Section 7.1. Events of Default. The term "Event of Default" shall mean,
in this Agreement (unless the context otherwise provides):
a. Failure by the Developer to complete the Development Property on
date specified in Section 4.3 (Completion of Construction) hereof in conf
the terms, conditions, and limitations of this Agreement;
b. Failure by the Developer to observe or perform any covenant,
obligation, or agreement on its pazt to be observed or performed under this
and the continuance of such failure for thirty (30) days after written notice f
the City; or
c. A petition of, or claim for relief in, bankruptcy or insolvency is
to any current or future bankruptcy or insolvency laws naming the Develc
and such petition is not dismissed within ninety (90) days of the date of
6f�
of the
transfer
r it is used
before the
nance with
condition,
Agreement
ereof from
d pursuant
as debtor,
i� thereof.
Section 7.2. Remedaies on Default. Whenever any Event af Default occurs, in addition to all
other remedies a�aiiabie to the Ciry at Iaw or�in equity or elsewhere in this Agreement, the City
may (i) suspend. its performance under the Agreement until it receives assurances from tl�e
Developer deemed adequate by the Gity that the Developer has cured such default and wiil
continue its perfarmance under the Agreement, andlor (ii} talce any one or more of the following
actians:
a. The City may withhold the Certificate af Compietion.
b. The City may terminate this Agreement and cease any and a11 performance under
this Agreement, including any obligation to make payments on the Note.
c. The parties hereby agree that all costs, direct or indirect, paid or incurred by
the City in connection with this Agreement or the Project, and includia�g without
limitation all sums advanced to or for the benefit of the I}eveloger hereunder, shall
constitute da.mages of th.e Ciry for purposes hereof. Except as set forth in the previous
sentence, the City shall nat seek recovery against the Developer of any consequential
damages.
Sectian 7,3. No Remedp Exclusive. No remedy herein confened upon ar reserved ta the
parties is iutended to be exclusive of any ather availabie remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other rernedy given under this
Agreement. Na delay ar omission to exercise any right oz power accruing upon any defauit
shall impair any such right or power or shall be canstrued to be a waiver thereof, but an.y such
right and power may be exercised fram time ta time and as often as may be deemed e�edient.
In order to entitle the parties to exercise any remedy reserved to them, it shall not be necessary
�O �IV� IlOtiCB, other than such notice as may be required by this Article VII.
Section 7.4. No Additianal Waiver Im lip ed by (}ne Waiver. In the event any agreement
conta.ined in this Agreement should be breached by either parry and tb.ereafter waived by the
other party, such waiver shall be limited to the particuiar breach so waived and shali not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE VIII.
Additional Provisions
Section 8.1. Conflict of Interestst Git�, Representatives Not Individuallv Liable. Na
member, official, or employee af the City shall have any personal interest, direct ar indirect,
in the Agreement, nor shall any such member, official, or employee participate in any decision
relating ta the Agreement which affects his gersonal. interests ar the znterests of any corparation,
partnership, or association in which he is, directly or indirectly, interested. No member,
af�ciai, agent, or employee of the City shall be personatly liable to the Developer, or any
successor in interest, in the event of an.y default or breach by the City or for aany amount which
may become due ta the I}eveiaper ar successor or on any abligatians under the terms of the
Agreement, except in the case of willful misconduct.
-12-
Section 8.2. Restrictions on Use. Neither the Developer nor the Lessee shall d
the basis of race, color, creed, sex, affectational preference, age, religion or r
the sale, lease, or rental or in the use or occupancy of the Development
Minimum Improvements erected or to be erected thereon, or any part thereof.
Section 8.3. Provisions Not Merged With Deed. None of the provisions of this
are intended to or shall be merged by reason of any deed transferring any int�
Development Properry and any such deed shall not be deemed to affect or impair thi
and covenants of this Agreement.
�ate upon
origin in
v or the
-est in the
provisions
Section 8.4. Titles of Articles and Sections. Any titles, headings, or captions of e several
parts, articles, and sections of the Agreement are inserted for convenience of referen e only and
shall be disregarded in construing or interpreting any of its provisions.
Section 8.5. Notices and Demands. Except as otherwise expressly provided in this greement,
a notice, demand, or other communication under the Agreement by any party to any ther party
shall be su�ciently given or delivered if it is dispatched by registered or certi�ed m il, postage
prepaid, return receipt requested, or delivered personally; and
a. in the case of the Developer, is addressed to or delivered person ly to the
mailing or delivery address the Developer will, from time to time, furnish t the City;
and
b. in the case of the City, is addressed to or delivered personally to the
Victoria Curve, Mendota Heights, Minnesota 55118 or at such other ac
City may, from time to time designate in writing and forward to the Deve:
Lessee.
Section 8.6. Indemnification.
a. Developer agrees, that anything to the contrary herein notwithstandin
and its agents, officers, Council members, and employees shall not bE
responsible in any manner to the Developer, the Developer's contractors,
vendors, material men, laborers, lienors, mortgagees, or to any other person
whomsoever, for any claim, demand, damage, cost, or loss of any kind o:
arising out of or by reason of the execution of this Agreement, the t�
contemplated hereby, the acquisition, construction, installation, ownership o
of the Project, the Mini.mum Improvements and/or the Development Prope
such claims or damages are caused solely by the gross negligence or willful �
of the City, its agents, officers, or employees.
b. The Developer shall indemnify, save and hold harmless the City from �
any and all claims, demands, actions or causes of action (including specii
� without limiting the generality of the foregoing, the costs of defending the s
and expenses for City administrative time and labor, costs of engineering an
services, costs of all legal services rendered, direct out-of-pocket expenses i
connection with defending such claims, and amounts paid as damages or in
-13-
at 1101
�� as the
and the
;, the Ciry
liable or
suppliers,
�r persons
character
operation
tv. unless
d against
ally, but
ne, costs
planning
;urred in
or compromise of any such action or proceeding) as may be brought against the City
for acts or omissions in any way related to the construction, operation or financing of
the Minimum Improvements, and/or the Development Property, unless such claims or
damages are caused solely by the gross negligence or willful misconduct of the City,
its agents, officers, or employees.
c. Developer shall reimburse the City for any and all costs and expenses, including
without limitation, attorneys' fees, paid or incurred by the Ciry in connection with or
relating to enforcing performance of (or seeking damages for Developer's failure to
perform) any covenant or obligation of Developer under this Agreement.
d. The indemnification obligation of Developer shall include, without limitation, any
liability, damages, claims or costs incurred or asserted against the City relating to the
alleged presence or release of hazardous or toxic substances on, under or about the
Development Property.
e. Developer sha11 further save, indemnify and hold harmless the City from and
against any and all costs, damages, liabilities or expenditures incurred by the City
pursuant to Minnesota Statutes Section 469.1771, subd. 3, as a result of the assistance
provided to the Developer and the Lessee pursuant to this Agreement.
Section 8.7. Covenants. All covenants, stipulations, promises, agreements and obligations of
the City contained herein shall be deemed to be the covena.nts, stipulations, promises,
agreements and obligations of the City and not of any Council member, officer, agent, servant,
employee, independent contractor, consultant and/or legal counsel of the City.
Section 8.8. Governing Law. The parties agree that this Agreement shall be governed and
construed in accordance with the laws of the State of Minnesota and acknowledge that this
Agreement is the type of agreement described in Minnesota Statutes, Section 469.176, subd. 5.
Section 8.9. 1�me is of the Essence. Time shall be of the essence of this Agreement.
Section 8.10. Counterparts. This Agreement is executed in any number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same instrument.
Section 8.11. Interpretation and Severability. If any one or more of the provisions, sentences,
phrases or words of this Agreement or any application thereof shall be held or determined to be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions, sentences, phrases or words of this Agreement and any other application
thereof shall in no way be affected or impaired and shall remain in full force and effect.
Section 8.12. Successors and Assigns. This Agreement is binding on and inures to the benefit
of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement
may not be assigned by any of the parties hereto except as specifically provided herein. Any
successor shall absolutely and unconditionally assume all of the rights, duties and obligations of
their assignee hereunder.
-14-
Sectian 8.13. Madi�cation/Entire Agreement. This Agreement may not be altei
or amended except by an instrument in writing signed by all of the parties hereto.
whether or not an officer, agent, empioyee ar representative of any parry, has ma�
autharity to make far or on behalf of that garty any agreement, representatio
statement, promise, arrangement ar understanding not expressly set forth in th.is E
in any ather document executed by the parties concurrentiy herewith {"Paro1 A�
This Agreement and ail other documents executed by the parties concurrently herew
the entire agreement between the parties and supersede all express ar izngli
concurrent, Paral Agreements and priar written agreements with respect to the s�
hereof. The parties acknowledge that in entering into this Agreement, they have r
will nat in any way rely upon any Parol Agreements.
madified
vo persan,
or has any
warranty,
reement or
ements "} .
� constitute
, prior or
ject matter
reiied and
]N WITNESS WHEREOF, the Gity has caused this Agreement to be duly executed in its name
and behaif and its seal to be hereunto duly affixed and the Developer has caused this greement
to be duly executed on or as of the day and year first above written.
� �:I �i�[i�a �i 1�17�Ti V:1
:
Attest:
Charles E. Merte�sotto
Its Mayor
Kathleen M. Swanson
Its City Clerk
T`HE NORTHLAND CONIl'AN�,
a Minnesota corporatian
:
sxr:8�s3s.v�� ��
-15-
Its:
Its:
EXHIBIT A
Lots 2 and 3, Block 4, Mendota Heights Industrial Park,
Dakota County, Minnesota
-17-
LIMITED WARRANTY DEED
THIS INDENTURE, between the City of Mendota Heights, a Minnesota municipal�corporation
(the "Grantor"), and The Northland Company, a Minnesota corporation (the "Gra tee").
WITNESSETH, that Grantor, in consideration of the sum of One dollar ($1.00) an other good
and valuable consideration the receipt whereof is hereby acknowledged, does hereb convey to
the Grantee, its successors and assigns forever, all the tract or parcel of land lyin and being
in the County Dakota and State of Minnesota as follows:
Lot _, Block _, Mendota. Heights Business Park _ Addition
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and a
thereunto belonging or in anyway appertaini.ng, to the Grantee, its successors
forever. And the Grantor for itself and its successors, does covenant with the
successors and assigns, that it has not made, done, executed or suffered any
whatsoever whereby the above described premises or any part thereof, now or
hereafter, shall or may be imperiled, charged or encumbered in any manner what
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed
by its Mayor and the Ciry Clerk this _ day of , 199 .
CITY OF MENDOTA HEI
By:
Charles E. Mertensotto
Its Mayor
Attest:
Kathleen M
City Clerk
i
Swanson
assigns,
antee, its
or thing
any time
its behalf
STATE OF MINNES{3TA
COiTNTY OF
On this � day af 199 , before me, a notary public within and foz Dakata County,
personally appeared Charles E. Mertensotta and Kathleen M. Swanson to be personally known
who by me duly sworn, did say that they are the Mayor and City Cierk in and for the City af
Mendota Heights, Minnesota., a palitical subdivision af the Sta.te of Minnesota, and
acknawiedged the focegoing instrument on behaif of the City.
Notary Public
This instrument was drafted by;
WINTHROP & WEINSTINE, P.A. {TMH)
3200 Minnesota. World Trade Center
30 East Seventh Street
St. Paul, Minnesata 55101
Ta�c Statements for the Real
Property described in this
Instrument shauld be sent to:
The Northland Company
Suite 100
3504 West 80th Street
Bloamington, Minnesota 55431
�
EXHIBIT C
[Reserved�.
_, 199_
EXHIBIT D
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
THE CITY OF MENDOTA HEIGHTS
LIMITED REVENUE TAX INCREMENT NOTE
$1,229,404
The City of Mendota Heights, Minnesota (the "City"), hereby acknowledges itself to be indebted
and, for value received, promises to pay to the order of The Northland Company, a Minnesota
corporation (the "Owner"), solely from the source, to the extent and in the manner hereinafter
provided, the principal amount of this Note, being $1,229,404.00 (the "Principal Amount"),
together with interest thereon accrued from _, 199_, at the rate of interest of nine
and one-half percent (9.5 %) per annum (the "Stated Rate"), on the dates (the "Scheduled
Payment") set forth on Schedule 1. This note shall be payable in semiannual installments
commencing on _, 199 , and on the lst day of each and thereafter
until and including _, 20 .
Upon 30 days prior written notice from the City to the Owner,
to prepayment at the option of the City in whole or in pazt on
1 and 1 thereafter.
the Principal Amount is subject
_, 199_, and on each
Any payments on this Note shall be applied first to accrued interest and then to the Principal
Amount in respect of which such payment is made.
Each payment on this Note is payable in any coin or currency of the United States of America
which on the date of such payment is legal tender for public and private debts and shall be made
by check or draft made payable to the Owner and mailed to the Owner at its postal address
within the United States which shall be designated from time to time by the Owner.
Capitalized terms used and not defined herein shall have the meaning ascribed to them in that
certain Contract for Private Development between the City and the Owner of even date herewith
(the "Agreement").
The Note is a special and limited obligation and not a general obligation of the City, which has
been issued by the City pursuant to and in full conformiry with the Constitution and laws of the
State of Minnesota., including Minnesota Statutes, Section 469.178, Subdivision 4, to aid in
financing a"project", as therein defined, of the City consisting generally of defraying certain
public redevelopment costs incurred and to be incurred by the City within and for the benefit
of its Development District No. 1(the "Program").
, THE NOTE IS NOT A GENERAL OBLIGATION OF THE CITY OR OF THE STATE OF
MINNESOTA (THE "STATE"), �AND NEITHER THE CITY, THE STATE NOR ANY
OTHER INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF SHALL BE
LIABLE ON THE NOTE, NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS
�
OR PROFERTIES OTHER THAN "AVAILABLE TAX INCI2EMENT, " AS
BELC?W.
The Scheduled Payment af this Note due on any Scheduled Payment Date is payable
and only to the extent that the City shall have received as of such Scheduled Pa;
sufficient "Available Tax Increment° as defined in Section 3.2 (Limited Revenue Ta�
Note) of the Agreement and further defined as tax incrernent received as of a Schedul
Daie with resgect ta certain real property described in the aitached Schedule 2
referred to as the "Development Property") which real property is located with in the
Increment Financing District No. 1{the "D1Str1C�")
The Ciiy shall pay on each Scheduied Payment Date to the Owner the Iesser of t�
Tax Increment and the Scheduled Payment due hereon on that date. To the extent
Scheduled Payment Date the City is unable to make the to#al Schecluled payment a
date as a result of its having received as of such date insufficient Available Tax Incr
failure shali not constitute a default under this Note.
In the event that the City pays less tiian the amount of any Scheduied Payment due
af A�ailable Tax Increment to pay the same, and in the further event that, as of a
Scheduled Payment Date the City has Available Tax Increment from the property ir
exceeding the amount of the Scheduled Payment, the City shall pay such excess A�c
Increment to the Owner to the extent that prior payments hereunder have been le
aggregate Scheduled Payments theretofore due.
DEFINED
�lely from
ment Date
Increment
3 Payment
City's Ta�c
Available
iat an any
e on such
ient, such
the lack
an amount
�ilable Ta�c
;s than the
The City's obligation to make Scheduled Payments under and pursuant ta this Note � expressly
contingent upon payment of the real property taxes assessed and payable �ainst the
Development Property on ar before the due date for such taxes prescribed in
Statutes, Section 277.01. Upon any failure af the 4wner to make such timeiy paym
shall forever be relieved of its abligation ta make the next Scheduled Payment
foiiawing such deiinquency. In the event that such payment is made by the Owner
date far such payment, the amount of Tax Increment attributable to such late ps
nevertheless be includable in the determination of Avaiiabie Tax Increment, except
to th.e forfeited Scheduled Payment as set foxth in this paragraph.
The City's obligation to make Scheduled Payments under and pursuant to this Note
contingent upon continuing occupancy of the Development Paroperiy by the L,essee
in, and subject to the terms of, the Agreement. Any rights of Lessee pursuant to
reason of a permitted transfer ta Lessee by Owner are derivative fromx and su
conditions, restrictions, limitations, and obligations of Developer as set forth herei
Agreement.
the City
the due
nt shall
respect
expressly
► pravided
is Note by
ect ta, aii
and in the
This Note shall not be payabie from or constiiute a chazge upon any funds of the Ci , and the
City shall not be subject to any liability hereon or be deemed to have obligated i elf to gay
hereon from any funds except the Availabie Tax Increment, and then only to the ex ent and in
the manner herein specified. .
The 4wner shall never have or be deemed to have the right to compel an.y exercise of�y ta�cing
power of the City or of any other public body, and neither the City nor an. director,
commissioner, eouncil member, board member, officer, empioyee ar agent af the City, nor any
person executing or registering this Note shall be liable personally hereon by reason of the
issuance ar registration hereaf or otherwise.
IT IS HEREBi' CERTIFIED AND RECITED that all acts, conditians, and things required by
the Constitution and laws of tb.e State of Minnesata. ta be done, to have happened, and to be
perfarmed precedent ta and in the issuance af ti�is Note have been done, have happened, and
have been performed in regular and due foxm, time, and manner as required by law; and that
this Note, together wzth aii other indebtedness of the City outstanding on the date hezeof and on
the date af its actual issuance and delivery, is not subject to any constitutianal ar statutory
limitation thereon.
IN WITNESS WHEREOF, the City has caused this Note to be executed by the manuai
signatures af its Mayar and Ciry Clerk and has caused this Note to be dated December 4, 1993.
CITY C?F MENl7()TA HEIGHTS
:
Chazles E. Mertensotto
Its Mayor
Attest:
This instrument was drafted by:
WINTHROP & WEINSTINE, P.A. (TMH)
3200 Minnesota 'Vt�orid Trade Center
30 East Seventh Street �
St. Paui, Minnesota. 55101
Kathleen M. Swanson
Its City Clerk
��
Schedule 1
SCHEDULED PAYMENTS
(Schedule 1 to Limited Revenue T� Increment Note)
Sehedule 2
LEGAL DESCRIPTION
Lots 2 and 3, Mendata Heigh�s Industrial Park, Dakota County,
Minnesota
�
(Schedule 2 to Limited Revenue Ta�c Increment Note)
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szTE
EXHIBIT ET��:�
����:���� ��;�:��.�'��:
.. ....... ........... ........... ....... ......... ..
Earthwork .....................................
� Site Utilities . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .
- Soil Correction 1 Special Conditions . . . . . . . . . . . . . . . . . . . . .
Paving/Connections/Sidewallcs/Curbs . . . . . . . . . . . . . . . . . . . . .
Buiiding Connection Link . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Basement �::'<��:�.�.:..:.."�..:���;:;�:��€�;:`��''�'.�i;��`:>`>; . . . . . . . . . . . . . . . .
.C� .....:....::......�...::......;..:...�..... ::::......�;�..::.:::;:<.:::��� �
::.:.� :..... .. :..�. :... ..::. ::::.. ... �.. :.: ..: . .....
Site Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acoustic Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineering Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land.........................................�
TQTAL....................................
�
.$145,430
. . '76,O1q
. . 13'7,240
. . 178,180
. . ��z,��o
. . 9as,6so
. . 61,330
. . 2$8,290
. . 2$,620
. .4p1.940
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