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1997-11-18 Council Packet
REVISED AGENDA CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA NOVEMBER 18, 1997- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of November G 4 Minutes. 5. Consent Calendar a. Acknowledgment of the October 14 Parks and Recreation Commission b. - Minutes. Acknowledgment of the November 13 Airport Relations Commission Minutes. C. Acknowledgment of the October Fire Department Report. d. Acknowledgment of the October Treasurer's Report. e. Authorization to Prepare Plans and Specifications and to Begin Bid Process for Creek Bed Restoration - Brown Institute. f. Acknowledge Receipt of the Unapproved Minutes from the September 3 NDC4 Commission Meeting and October 8th Executive Committee Meeting. i g. Acknowledge an Amendment to the Joint Powers Agreement for Landfill Abatement Funding from Dakota County. h. Approval of the AMB Private Water Main Agreement. i. Approval to Appoint Maintenance Worker I - Street Department. j. Authorization toy Perform Storm Water Maintenance for the City of Lilydale. k. Acknowledge Metropolitan Council Comprehensive Plan Grant and Authorization to Execute Agreement. I. Acknowledge Receipt of Information regarding Landscape * m. Improvements to North Kensington Park. Approval of Police Chief Job Description and Authorization to Begin n. the Recruitment' Process. Approval of the (List of Contractors. o. Approval of theList of Claims. End of Consent Calendar 6. Public Comments 7. Unfinished and New Business a. Discuss Bunker Hills Street Reconstruction Project. RESOLUTION NO. 97-78 b. Discuss 1998 CDBG Block Grant Application. C. Discuss MASAC Representation - Proposed Change to Bylaws. * d. Update on Miscellaneous Airport Issues. e. Discuss Request for Proposals for Ordinance Recodification. 8. Council Comments 9. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 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 notice. Please contact City Administration at 452-1850 with requests. ITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City; Council November 18, 1997 FROM: Kevin Batchelder, City Administrator SUBJECT: Add On Agenda for November 18 City Council Meeting Additional information is submitted to three items on the agenda. Please see items 5m., 7a., and 7d. (*). 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on blue paper. 5m. 7a. 7d. Approval of Police Chief Job Description and Authorization to Begin the Recruitment Process. Please see the attached revised Position Profile. Bunker Hills Street Reonstruction Project. Please see additional letters submitted by Bunker Hills residents. Update on Miscellane us Airport Issues. Please see attached information regarding the Environmental Assessment for Extension of Runway 4-22 to 12,000 Feet. KLB:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA NOVEMBER 18,1997- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of November 4 Minutes. 5. Consent Calendar a. Acknowledgment of the October 14 Parks and Recreation Commission Minutes. b. Acknowledgment of the November 13 Airport Relations Commission Minutes. C. Acknowledgment of the October Fire Department Report. d. Acknowledgment of the October Treasurer's Report. e. Authorization to Prepare Plans and Specifications and to Begin Bid Process for Creek Bed Restoration - Brown Institute. f. Acknowledge Receipt of the Unapproved Minutes from the September 3 NDC4 Commission Meeting and October 8th Executive Committee Meeting. g. Acknowledge an Amendment to the Joint Powers Agreement for Landfill Abatement Funding from Dakota County. h. Approval of the AMB Private Water Main Agreement. i. Approval to Appoint Maintenance Worker I - Street Department. j. Authorization to Perform Storm Water Maintenance for the City of Lilydale. k. Acknowledge Metropolitan Council Comprehensive Plan Grant and Authorization to Execute Agreement. I. Acknowledge Receipt of Information regarding Landscape Improvements to North Kensington Park. M. Approval of Police Chief Job Description and Authorization to Begin the Recruitment Process. n. Approval of the List of Contractors. o. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Unfinished and New Business a. Discuss Bunker Hills Street Reconstruction Project. b. Discuss 1998 CDBG Block Grant Application. C. Discuss MASAC Representation - Proposed Change to Bylaws. d. Update on Miscellaneous Airport Issues. e. Discuss Request for Proposals for Ordinance Recodification. 8. Council Comments 9. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 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 notice. Please contact City Administration at 452-1850 with requests. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 4, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:50 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:50 o'clock p.m., and explained that the meeting is beginning late due to the closed labor negotiation session immediately prior to the regular Council meeting. The following members were present: Mayor Mertensotto; Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the October 21, 1997 regular meeting as amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR The Council acknowledged receipt of a resignation letter, item No. q., from Ms. Shirley Shannon, +Accountant who has worked for the City for 17 years. She plans to retire December 31, 1997. Mayor Mertensotto commended her dedication and service to the City. Councilmember Smith moved approval of the consent calendar for the meeting, as revised, with item i. stricken (Amendment to Gun Club Lake Watershed Management Organization Joint Powers Agreement), and items d. (American Heritage Rivers Initiative) and k. (Manna Freight "No Parking" Request) moved to the regular agenda, along with authorization for execution of any necessary documents contained therein: . Page No. 2 November 4, 1997 a. Acknowledgement of the October 28 Planning Commission Minutes. b. Acknowledgement of the Building Activity Report for October. c. Acknowledge Receipt of Request to Withdraw Permission for a pet Shop at Mendota Plaza. e. Acknowledgment of the October 14 Comprehensive Plan Workshop Minutes. f. Acknowledge Receipt of Information Regarding Annual Insurance Premium. g. Adoption of Resolution No. 97-76, CALLING FOR SALE OF IMPROVEMENT BONDS ON DECEMBER 2, 1997. h. Adoption of Resolution No. 97-77, CALLING FOR BIDS ON THE PURCHASE OF $380,000 EQUIPMENT CERTIFICATE OF 1997. j. Approval of Police Liaison Agreement with Independent School District No. 197 and the Cities of Eagan, Mendota Heights and West St. Paul. 1. Acknowledge Receipt of a Letter from St. Thomas Academy Regarding Evaluation and Accreditation Process. m. Acknowledge Receipt of League of Minnesota Cities Membership and Dues Payment. n. Approval of the List of Contractors. o. Approval of the List of Claims dated November 4, 1997 and totaling $459,501.34. p. Acknowledge Receipt of Information Regarding the Disposal of Surplus City Equipment - City Hall Mower and Sno-Thrower. q. Acknowledge and Accept Employee Retirement Request and Authorization to begin the Recruitment Process (Accountant Position). Cbuncilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ORDINANCE NO. 97-75 Council acknowledged receipt of a letter from the Metropolitan Council requesting cities bordering on the Mississippi River who are participating in the MNRRA program to support participation in the new federal American Heritage Rivers Initiative by adopting the attached resolution. Councilmember Smith questioned the significance of Mendota Heights shoreline on the Mississippi River for this purpose. She asked if only the Mississippi River is included in the designation. Mr. Hollister indicated the portions of the City that border on the Mississippi River on a map. A portion of the Minnesota River is also included in the Page No. g November 4, 1997 American Heritage+River designation. The Clinton Administration has started a new initiative, and the American Heritage River designation may bring federal grant funding for projects in the MNNRA Corridor. The deadline for submitting a resolution to the Metropolitan Council is November 12, 1997. Councilmember Smith ith moved to adopt Resolution 97-75: A RESOLUTION OF SUPPORT FROM THE CITY OF MENDOTA HEIGHTS FOR THE DESIGNATION OF THE MISSISSIPPI RIVER AS AN AMERICAN HERITAGE RIVER. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 ORDINANCE NO. 318 Council acknowledged receipt of a letter from Manna Freight Systems, Inc. requesting "No Parking" be posted on the north side of Enterprise Drive for a six- month period to deter semi -trucks from parking at that location. Councilmember Smith asked if semi -trucks are loading or staging during the time they are parked on Enterprise Drive. Mr. Danielson explained that after loading, a number of semi -truck drivers park and sleep before continuing on their way. The trucks are causing sight distance problems on the road. Councilmember Smith stated that the City goes to great lengths to assure sufficient off-street parking. Truck loading and staging are legitimate functions, but using City streets as a truck rest stop is not appropriate. She asked if regulatory measures could be taken without prohibiting parking. Mayor Mertensotto' suggested posting "No Parking" signs on a temporary basis to give the Council time to re-evaluate what happens and how interests of local property owners are affected. Councilmember S Ith moved to authorize posting "No Parking" signs on a temporary basis fort 60 days, beginning November 12, 1997, from the Manna Freight driveway and extending 300 feet west; and to instruct the Police Department to only'; issue warnings rather than traffic citations during this time period. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith requested that Manna Freight be notified of this action. Page No. 9 November 4, 1997 PUBLIC COMMENTS Council acknowledged receipt of a petition from the school board for the City to construct an activity center, including an ice arena for hockey,`at Sibley High School. City Administrator Batchelder stated that his response to the school board was that the Council has not discussed this matter. Costs have not been estimated, but the school board has incurred architect fees of $25,000 to look at the feasibility of the project. Councilmember Huber moved to direct staff to make an inquiry of the school board regarding estimated costs and the referendum process and to indicate that more public discussion is needed on the issue. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 1997 AUDIT Council acknowledged receipt of the 1997 audit of the City from PKMG. Mr. Steve Laible, a Partner at PKMG, reported that the City's audit was submitted to the State Auditor as required by statute. It is required that all cities have a review of their financial activities to comply, with the Minnesota Legal Compliance Guide for Local Government. The five areas of review include: 1) contracting and bidding; 2) deposits and investment; 3) conflicts of interest; 4) public indebtedness; and 5) disbursements. He highlighted the following items in the report: 1. The independent opinion of the auditor concludes that the financial statement of the City is presented fairly and in accordance with general accounting principles. 2. No exceptions in any of the above five categories tested were found to report. 3. The balance sheet shows the City to be in a strong financial position. He noted that while the City's total assets decreased slightly from $49 million to $48 million, the City's liabilities and equity also decreased. The main reason for this change is the reduction in long term debt by almost $1.6 million. In addition to being in a strong financial position, the City has earmarked funds for specific future purposes. The ability to set up designated funds indicates financial health and strength. These fund designations include: 1) working capital set aside for Page No. 5 November 4, x997 any interim should the normal revenue stream stop; 2) park acquisition and improvements; 3)'future debt service; 4) future capital projects. 4. The combined statement of revenue and expenditures shows an excess in the operating account of the general fund of $290,000. 5. The City has three enterprise funds: a) sewer utility; b) storm utility and c) engineering fund. iThe sewer fund shows a slight decrease in the amount of $23,400. The storm water utility shows an increase of $52,000. When expenditures are not close to the increase in rate, the fund balance goes up. As expenses catch up to funding, the balance goes down. Over time, these funds are being managed effectively. The engineering fund has a positive balance but is more volatile, as it depends on the amount of building activity occurring in the City. 6. The internal services fund is the City Hall sinking fund which is money set aside for the City Hall facility. Each department is accountable for space and use of the facility in the budget, so that future repairs or replacements will be funded. Mayor Mertensotto noted the problems in the City of Cambridge and emphasized the accountability of fund management in Mendota Heights. The positive audit report shows that accountability is an ongoing process throughout the year. CASE NO. 97-37 LCS The Council acknowledged receipt of the application from LCS Corporation for a 30 -foot front yard setback variance for building and parking expansion. Administrative Assistant Hollister reported that the Planning Commission was divided on this proposal and voted 4 to 3 to deny the request because a 30 -foot variance is significant and would set a precedent in the industrial park. However, it was noted that the property is unique in that it is surrounded on all four sides by road right-of-way. Mr. Tim Stefan stated that if this project were approved, he would be the construction contractor and is representing the applicant who could not attend this meeting. I Mayor Mertensottb asked what other options there would be for the company if the variance were riot approved. Mr. Stefan responded that the purpose of the expansion is to provide space for large equipment that will be placed in the building. It would be possible for expansion to the south, but the existing machine shop would have to be displaced Page No. 6 November q, x997 which would be difficult, and a variance would still be required. With road right- of-way on three sides of the property, each of those sides is considered a front yard and subject to the deeper setback requirement. Mayor Mertensotto noted that the company has been on its present site for over 30 years. No one could have predicted its growth or the fact that Highway 13 would be realigned from the west to east side, which created this long, narrow, pie -shaped piece of property. He asked the height of the new building. Mr. Stefan answered that it will be 17 to 19 feet in height, which is 1.5 feet higher than the existing building. Mayor Mertensotto stated that the addition is of significant size for the size of the property. He noted the Planning Commission's concern about the loss of trees and need for mitigating landscaping to accommodate this plan. Mr. Stefan stated that the application was submitted to find out if the variance would be granted. The company has yet to submit detailed plans that comply with the code regarding landscaping, screening, total footprint and percentage of lot coverage. The parking area will be based on the number of employees, but the plan will also show proof of parking so that if the building were to be sold, there is sufficient parking for the size of the building. The owner has indicated that if expansion cannot take place on this site, he will have to move. Councilmember Smith noted that the first building is not in compliance with the 40 -foot setback because the highway right-of-way line changed. Councilmember Krebsbach stated that she is inclined to support the Planning Commission but would be willing to postpone a decision to give the applicant time to present more information. Councilmember Huber stated that he would like to support the application but would like to know what the overall site will look like before voting. Mayor Mertensotto recognized the amount of work and effort that the company would need to commit to present a complete application. He stated, however, that the Council must be cautious about granting a variance for a nonconforming use. He encouraged the applicant to meet with staff and Councilmembers to discuss how the expansion can be accommodated on this property. The consensus of the Council was to table this matter until more information can be received regarding the overall appearance of the plan and landscaping to substantiate expansion to a nonconforming structure and a large setback variance for the size of addition in relation to the size of the property. Page No. 7 November 4, 1997 Councilmember Huber noted that the application must be reviewed within 60 days. City Administrator Batchelder stated that the applicant will be notified and a request for an extension on the application, as the Council decided to continue the matter. STREET LIGHT REQUEST Council acknowledged receipt of a request from Ms. Cheryl Clements Hanzal for the installation of street lights along Mendota Heights Road and Huber Drive. Mayor Mertensotto noted that Mendota Heights Road is an MSA street, and street lights could be installed with MSA funding. Councilmember SI ith expressed appreciation for the request but noted that the coming and going Iof school children is during daylight hours. Children walking or biking at night should understand how to cross intersections and use proper reflectors. Street lights will impact the surrounding neighborhood and she would like input from neighbors before determining the best course of action. I Councilmember Krebsbach stated that the capacity for traffic on Mendota Heights Road is high, and the corner of Mendota Heights Road and Huber Drive is dangerous. If children are walking in the dark, there is no separate trail for their protection. She would like to see this specific request addressed apart from the larger issue of street lighting in general. I Councilmember Koch stated that she does not wish to negate the concern r expressed in Ms. Hanzel's letter but believes street lighting should be considered as an overall issue.1 There are other intersections with similar problems, and safety should be addressed as a whole. It was the consensus of the Council to report this issue in the Heights Hilites newsletter and request neighborhood residents to submit their response to street lighting in order for the Council to determine the extent of the issue and what action may be appropriate. The Police Department will also notify all schools to help alert children to the proper procedures for biking and walking at night and in the early morning. I ORDINANCE NO. 319 Council acknowledged receipt of a letter from the Metropolitan Council Transit Operation (MCTO) to establish a "No Parking" zone on and near South Plaza Drive for bus use. !At the last Council meeting, the Council postponed Page No. 8 November 4, 1997 consideration of the matter to find out if parking space is needed in the area for overflow parking at the Parkview Senior Center. Mayor Mertensotto reported that the Senior Center has indicated that they have more than ample parking. a;95- r"0 Councilmember Smith expressed concern that the road is not designed for C,(-"[vwr- h'"- r extensive bus use. MTCO has not only requested "No Parking" in the cul-de-sac C.�V k �,s but reduced parking on both sides of South Plaza Drive during bus operation hours. es ,.f .... .view --f nhe �C.e- ---�I1z1 itaGo] pays almost $.5 million for the limited services Zeceived. Her main concern, however is if bus service increases, whether it can be accommodated at this location. The cul-de-sac was not designed for this use. �J ` Councilmember Krebsbach noted that the time frame requested by MCTO will conflict with parking needs of daycare parents. Councilmember Huber stated that with the construction of the Senior Center, bus service was expected. He believes the bus service is good promotion for the Plaza. Mayor Mertensotto stated that MCTO has indicated that there will be no remuneration toward road repair. The increased weight and traffic in the Plaza would accelerate wear and tear on the roads. He noted that the Dakota Bank will be moving and suggested continuing the matter for further monitoring. POLICE CHIEF PROFILE Council reviewed the draft position profile for Police Chief. City Administrator Batchelder stated that upon authorization from the Council, a condensed version of the profile will immediately be placed as an ad in the Star Tribune and St. Paul Pioneer Press. The ad will also be sent to the League of Minnesota Cities. Councilmembers requested revisions regarding education requirements, training and salary range. Councilmember Huber felt the ad should be revised as directed and published as soon as possible to avoid delay. However, due to the fact that the Police Chief is one of the highest profile positions in the City, it was the consensus of the Council to review the ad revisions at the next Council meeting before publishing it. Page No. 9 November 4, x997 LEAGUE OF MINNESOTA CITIES/1998 POLICIES Council acknowledged receipt of the draft Proposed 1998 Cities Policies from the League of Minnesota Cities (LMC). Councilmember Krebsbach commended the LMC for a well-written document with many points that will strengthen local government, which is important because that is where people connect with government. She appreciated the proposals to aid redevelopment. She concurred with plats not being reviewed by the County because once government is too far removed from the local situation, a sense of community is lost. She stated that she would not support the gas tax increase but would'support ISTEA grant funding. Mayor Mertensotto explained that with levy limits, the gas tax increase is to make it easier for t C e County to acquire additional right-of-way for road extensions. City Administrator Batchelder added that while the County has that right in Dakota County, that authority is being sought in all counties. The City's concern with this policy is that the county will wish to review proposed plats and limit long range planning. Mayor Mertensotto noted there was no reference to fiscal disparities, which he would like to see ended. City Administrator Batchelder explained that the reason fiscal disparities is not included in the policy statements is because that law only applies in the seven - county metropolitan area. Approximately 100 cities benefit from that redistricting formula and 35 cities end up as net contributors including Mendota Heights. The cities that benefit constantly out -vote the cities that contribute. That issue has not been addressed because of the disagreement among members. Every year the size of the pool grows larger with development added to that pool. What is unfair is that the formula for fiscal disparities is based on the year the program was started, in 1971. Forty percent of any development built after 1971 goes into the fiscal disparities pool. I Councilmember Krebsbach noted that there is no standard for the benefiting cities to move into the level of contributor like the other 35. Mayor MertensottI stated that the City is losing approximately million illion P er year because of taxes going into the fiscal disparities pool. Also, many municipalities receive more Local Government Aid (LGA) per capita than Mendota Heights levies for its entire budget. Page No. io November 4, 1997 Councilmember Smith referred to page 44 and asked how SD8 (unfunded mandates) affects City costs for enforcing state and local laws. Councilmember Koch requested information on the LMC's position on affordable housing. It was the consensus of the Council to direct staff to respond to respond to the LMC based on the above discussion, specifically asking about the following: 1) repeal levy limits; 2) support redevelopment in developed communities; 3) fiscal disparities; 4) unfunded mandates; 5) affordable housing. COUNCIL COMMENTS Councilmember Smith reported receiving numerous communications regarding Bunker Hills. She thanked residents for their comments. Mayor Mertensotto noted that the people at the first public meeting regarding Bunker Hills roads were positive about the project. The group that came to the second public meeting was more negative. He believes most residents are concerned about the longevity of the improvement. Councilmember Krebsbach expressed her appreciation of the consideration to the City by the Metropolitan Airport Commission (MAC) which has agreed to restrict flights after 10:30 p.m. Councilmember Krebsbach complimented and thanked SuperAmerica on the community scale gas station that was recently opened at Lexington and T.H. 110. Councilmember Huber stated that the lights of the Amoco station in Lilydale are very bright. He asked staff to contact Lilydale to ask that the lights be changed. Mayor Mertensotto requested City participation with the County in a meeting with the Mn/DOT about plans to build a new bridge. He cannot conceive planning a new bridge and then tearing the other one down and leaving the piers there. A daily sample shows that there are 72,000 cars per day crossing the I -35E bridge. City Administrator Batchelder noted an invitation to the Council from NSP to tour the Rogers Lake substation. It was the consensus of the Council to indicate interest in such a tour next spring. Page No. 11 November g, 1997 City Administrator Batchelder reported that the resolution sent to the Metropolitan Council regarding Hoffman Homes (or livable communities) has received some attention. A meeting, which an airport staff person will attend, is scheduled to provide background on the entire land use compatibility issue. ADJOURN There being no further business to come before the Council, Councilmember Koch moved to adjourn the meeting. Councilmember Smith seconded the motion. Charles E. Mertensotto I Mayor TIME OF ADJOURNMENT: 10:35 p.m. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES OCTOBER 14, 1997 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October 14, 1997, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 6:30 p.m. The following Commissioner's were present: Libra, Spicer, Damberg, Linnell, and Kleinglass. Commissioner Norton arrived late. Commissioner Liberacki was excused from the meeting. Also present were City Planners Meg McMonigal and Marc Weigel, Recreation Programmer Bill Bird, and Administrative Assistant Patrick C. Hollister. I APPROVAL OF AUGUST .12 PARK AND RECREATION MINUTES Commissioner Linnell moved to approve the August 12, 1997 Parks and Recreation Commission Minutes with corrections. Commissioner Libra seconded the motion. AYES: 5 NAYS: 0 INTRODUCTION OF BILL BIRD, NEW RECREATION PROGRAMMER Mr. Hollister announced that it was his pleasure to present to the Commission Mr. William Bird, the new Recreation Programmer for the City of Mendota Heights. Mr. Hollister said that Mr. Bird was selected though a highly competitive process from a large and well-qualified applicant pool. Mr. Hollister added that Mr. Bird began work for the City on August 25, 1997 and had to "hit the ground running" because of the imminent deadline for publication of the City newsletter containing announcements for fall and winter recreation programs. Mr. Hollister said that within two weeks Mr. Bird had the fall and winter programs ready for publication, and that since then Mr. Bird had become involved in all aspects of his duties appropriate to the season. Mr. Hollister said that Mr. Bird was a relative newcomer'to Minnesota, having arrived from Illinois this year. Mr. Hollister continued that Mr. Bird had a Masters Degree in Recreation Administration from Aurora University in Aurora, Illinois. Mr. Hollister said that Mr. Bird had worked for the City of Lakeville during the summer of 1997 and was now working part time for the City of Mendota Heights and part time for the City of Apple Valley. Mr. Hollister also thanked Commissioner Kleinglass for his help in the Recreation Programmer selection process. Commissioner Kleinglass commented that he was very impressed with the overall qualifications of the finalists, but that Mr. Bird had stood out in the end due to his advanced degree and the relevance of his previous experience to the specific needs of Mendota Heights. Mr. Bird then gave a brief overview of the fall and winter recreation programs. Mr. Bird described the rink attendant recruitment process, skating lessons, and other programs. Mr. Bird also described the current stage of discussions with Mike Cashill of the Par 3 Golf Course about the possibility of cross-country ski trails at the golf course this winter. Chairman Spicer told Mr. Bird that the Parks and Recreation Commission had long felt that the City needed one full-time staff person in Recreation, and that the Parks Commission would express this view once again during Comprehensive Plan discussions. Chairman Spicer added that other cities the population of Mendota Heights had at least one full-time recreation position. COMPREHENSIVE PLAN INTERVIEW Mr. Hollister presented City Planners Meg MeMonigal and Mark Weigel to the Parks and Recreation Commission. Planner McMonigal explained the Comprehensive Plan revision process and told the Commission that they would like their views on what their most important priorities were for the new Comprehensive Plan. Chairman Spicer said that the Park Commission's key issues for the Comprehensive Plan were the hiring of a full-time Parks and Recreation staff member, acquiring and maintaining passive open space, and the creation of new ballfields. Commissioner Libra added that he thought completion of the trail system in the City was another high priority for the Parks and Recreation Commission. Commissioner Libra added that linking to the new Big Rivers Trail and the future North Urban Regional Trail were important. Commissioner Damberg said that the City's current trail system consisted of bits and pieces scattered all over, and that they needed to be connected. Chairman Spicer said that immediately after the 1989 parks referendum there was a flurry of park acquisition and facilities development. Chairman Spicer continued that now the City seemed to be in a maintenance phase, although he still felt they needed more ballfields or lights at Mendakota Field. Chairman Spicer recommended that Mr. Hollister provide the City Planners with the Minutes from the January Workshop between the City Council and the Parks Commission. Planner Weigel asked whether the Parks Commission was more interested in active or passive park acquisition. N Commissioner Linnell said that he would take anything he could get if the price was right. I Commissioner Libra suggested that the Planners look at the Park Inventory Analysis performed earlier to see what park land and ballfields were anticipated to be necessary to accommodate the expected additional 2000 residents. Commissioner Damberg said that the aging of the population would also have an impact , on park needs. Commissioner Linnell said that the City should consider a Senior Center. Planner McMonigal recited the list of issues brought up relating to parks and recreation in her other interviews. Commissioner Damberg said that having a full time Recreation Programmer is the key to assuring that all of our current facilities get adequately used. Commissioner Damberg said that there is a park on West 7th Street that always gets used, and that Mendota Heights' parks seemed to be underused. Commissioner Libra said that more park acquisition should be placed in the five-year CIP, but that the Commission also needed to be realistic about maintenance costs, citing the native prairie wildflower restoration project at Ivy Falls Park as an example. I Chairman Spicer said that unfortunately there was not much land left, and once it's gone it's gone. I Planner Weigel asked what the Commissioners thought was important as residents of the City besides parks. Commissioner Damberg said that this summer's Tilsen street reconstruction project had some problems. Commissioner Damberg said that residents with concerns or complaints could have received faster response from City Hall. Commissioner Linnell said that t there should be a either a pedestrian bridge or a tunnel across Highway 110 in the MriDOT ROW. Commissioner Linnell continued that currently there is no safe way for pedestrians or bicyclists to travel from the north side to the south side or vice versa. Chairman Spicer said that there is currently a tunnel under Dodd and Marie, and a tunnel along the Big Rivers Trail. Commissioner Damberg said that tunnels are a problem because vagrants loiter in them and build fires. Commissioner Damberg also said that there is a safety problem because of many people who are walking at night without proper markings. 3 Commissioner Linnell pointed out that ISD 197 was going to have a referendum on a new soccer field and ice arena at Sibley. [Commissioner Norton arrived at this point.] Commissioner Linnell said that vote on the new facility at Sibley would take place in January or February, and that he expected a good showing of supporters of School Board Member Tom Jackson's proposal. Commissioner Kleinglass said that on the positive side, Mendota Heights was a good city to live in, and had quite low taxes, especially in light of the high-quality services the City provided. Commissioner Kleinglass added that he could ride his bicycle from Mendota Heights to either downtown Saint Paul or downtown Minneapolis almost entirely on a dedicated bike trail. Commissioner Spicer agreed with Commissioner Kleinglass about Mendota Heights' quality of life. Commissioner Damberg said that the location was good, the people were great and people get along. Commissioner Kleinglass said that Mendota Heights was a nice small community, the police were helpful, the taxes were low and the schools were good, even though roughly 1/3 of Mendota Heights residents had their kids in private schools. Commissioner Damberg said that it would be nice if the community used Sibley High School more. Commission Damberg said that now that her kids were grown she had no more contact with the High School, and that it would be nice if the school interacted more with the community. Commissioner Linnell said that the school district was trying to improve in that regard, TRAIL EXTENSION REQUEST - ROGERS LAKE PARK Mr. Hollister presented a request from a resident for a trail at Rogers Lake Park. Commissioner Linnell said that we should fit it in when the City did another project. Commissioner Libra said to put the Rogers Lake trail in the CIP Chairman Spicer said that that was a good idea to fit it in the CIP and that the City should t:1 write the resident who requested the trail and tell them of the Parks Commission's view on the matter. L, Trail Extension Request - Senior Housing Mr. Hollister presented a request from the residents of Parkview Plaza for a pedestrian trail that would facilitate their access to Mendota Plaza. Mr. Hollister presented a drawing by Engineering Staff showing the potential trail along street right-of-way. Commissioner Daniberg said lthatp edestrian access to the Mall should be safe for seniors either walking or on wheelchairs. Commissioner Libra said that the City should have required sidewalks in the first place when they approved the HRA housing development. Commissioner Linnell said that the shortest distance to the front of the mall would be through Ed Paster's land and MnDOT right-of-way, and that this would be advantageous over Staff s proposal. Commissioner Linnell moved to recommend that Staff come back with a design plan for a temporary paved trail through MnDOT right-of-way and Paster's land along the former trail alignment, acknowledging that MnDOT could remove it at any time. Commissioner Linnell also moved that Staff ;approach the HRA and Paster for part of the financing. Commissioner Damberg seconded the motion. AYES: 6 NAYS: 0 DISCUSS RESCHEDULING NOVEMBER MEETING (VETERANS DAY) Mr. Hollister noted that the next regular meeting date for the Parks and Recreation Commission, November 11, was Veterans Day. Mr. Hollister explained that the Commission was not legally obligated to cancel the meeting, but asked if the Commission would prefer to move the meeting to another date in November. Chairman Spicer instructed Staff P aff to cancel the November 11, 1997 meeting and not reschedule a meeting for November unless an urgent matter arose. Chairman Spicer announced that the next regular Commission meeting' would be December 9, 1997. 5 UPDATES Mr. Hollister provided updates on the following items: South Kensington Park Pine Tree Replacement Mr. Hollister reported that some pine trees had been replaced by volunteer labor of the soccer parents at South Kensington Park. Slowinski Property Mr. Hollister reported that Mike Cashill of Par 3 Golf Course had bought the Slowinski property for his own residence and planned to move there. Par 3 Cross -Country Ski Trails Mr. Bird summarized the current stage of discussion about the ski trails. Chairman Spicer commented that the Commission had envisioned a larger ski trail loop that would include Valley Park, and that Commissioner Norton had talked with the schools in the community about joint usage, cost sharing and maintenance. Resurrection Cemetery: Hoffman Homes Concept Plan Mr. Hollister said that Hoffinan Homes had presented a Concept Plan to the City Council for a townhome development on the northern half of the isthmus between Lake Lemay and Lake Augusta. Mr. Hollister said that the City had recently been informed that the new air noise contours and development guidelines from the Metropolitan Council meant that the Met Council considered residential development to be "inconsistent" with the Metropolitan Council's Aviation Guide Plan. Mr. Hollister said that the Council had agreed to discuss this matter with the Metropolitan Council without guaranteeing approval of the development. Ivy Hill Townhouse Association Land Donation Offer Mr. Hollister said that the City had sent the deed to Lot F back to Mr. Ralph Oyen of the Ivy Hill Townhouse Association, due to new evidence that the land is jointly owned by three parties and that thus the Ivy Hill Townhouse Association did not have the right to unilaterally donate the land to the City of Mendota Heights. Mendota Heights Senior Club Mr. Bird reported that he had attended the first meeting of the new Mendota Heights Senior Club, which was initially organized by Barb Echle of ISD 197 Community Education. Mr. Bird said that roughly 80 seniors attended the initial meeting, a larger 0 turnout than expected. Mr. Bird said that over 70 of those seniors were Mendota Heights residents, with a few other people from St. Paul, Eagan, or West Saint Paul. Mr. Bird said that the Senior Club would meet again on Wednesday, October 22, in the community room of the new Parkview Plaza senior housing development. Mr. Bird said that the new Senior Club would be run by the participants, although Mr. Bird would occasionally provide logistical support. Parks Reports There were no comments on these items. Report on Soccer Field Conditions Mr. Hollister presented a report from Parks Supervisor Terry Blum that the Kensington soccer fields had received significant wear and that getting them ready next spring would take extra effort. Commissioner Kleinglass asked Staff to pass on his compliments to Mr. Blum and the Public Works Staff for the overall appearance of the parks and fields. ADJOURN TO THE COMPREHENSIVE PLANNING WORKSHOP Motion made to adjourn by Linnell and seconded by Damberg. AYES: 6 NAYS: 0 The meeting adjourned at 7:40 p.m. Respectfully Submitted, Patrick C Hollister 7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION NOVEMBER 13, 1997 - MINUTES The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, November 13, 1997 in the City Hall Large Conference Room, 1 101 Victoria Curve. The meeting was called to order at 7:02 p.m. The following members were present: Beaty, Des Roches, Fitzer, Leuman, Stein, Gross and May. Also present were City Administrator Kevin Batchelder and Senior Secretary Kim Blaeser. INTRODUCTIONS Chair Beaty acknowledged several residents present for the meeting. Mr. Pat Randall, of 902 Cheri Lane, informed the Commission that he has been a resident since February of 1991. He stated that the City's newsletter has indicated the City's positive progress related to air noise issues. He informed the Commission that he believes this past summer to be a terrible summer related to air noise. He further noted his concerns with the inequity of Part 150 Noise Attenuation procedures and he inquired how homes are picked to participate in the program. He stated that he does call the MAC Air Noise Hotline on a regular basis. Steve and Julie Hannig, of 909 Bluebill, informed the Commission that they have been residents for one year. They noted their concerns with the amount of air noise and they inquired about the Part 150 program. City Administrator Batchelder explained the Federal standards of the Part 150 Program and informed the residents how the FAA regulates the Part 150 program. Batchelder explained that Part 150 Contour Map, the boundary block additions and how the contours had originally been established. MASAC REPRESENTATION - PROPOSED BY-LAW CHANGES Administrator Batchelder explained that the MASAC Executive Committee has been discussing changes to the composition of the MASAC board, at the urging of the communities on both ends of the parallel runways. He explained that the MASAC Executive Committee has made a AIRPORT RELATIONS COMMISSION MINUTES -NOVEMBER 13, 1997 recommendation to the MASAC board to consider- a by-laws change that would increase the size of MASAC from 34 to 38 members. Batchelder stated that the change would give Minneapolis two additional representatives for a total of six and Mendota Heights representation would increase from one member to two, as would the City of Eagan. He stated the City of St. Paul would lose two of their three members and all other cities would keep their current levels of membership. The industry side of the table would increase by two members from certified airlines using MSP. Batchelder explained that the proposed amendments had been presented to the MASAC board at their October 28, 1997 meeting and that it will be voted on at their November/December meeting. Batchelder stated that because this meeting coincides with the City Council's regular meeting, our representative, Councilmember Jill Smith, and our alternates, Mayor Mertensotto and staff (City Administrator Batchelder) are not able to attend this meeting. Batchelder explained that the Commission should consider a r recommendation to the City Council to vote on this by-law amendment. He informed -the Commission that the Council can send a proxy vote -by resolution or Chair Beaty or Vice Chair Leuman may attend the December 2 meeting as alternates. Chair Beaty stated that he would not be able to attend the meeting. Commissioner Leuman stated he would check his schedule and call staff on Thursday, December 13. The Commission discussed their concern for adding additional industry representation, especially if Northwest Airline adds more representation. Commissioner Gross suggested that since the St. Paul Area Chamber of Commerce and the Greater Minneapolis Chamber of Commerce have representation on the MASAC, maybe the City should recommend that the Northern Dakota County Chamber of Commerce be represented on the MASAC. Other Commission members concurred with this suggestion. Commissioner Gross moved to recommend that the City Council vote in favor of the MASAC By -Law Amendments. Commissioner May offered a friendly amendment to add representation from the Northern Dakota County Chamber of Commerce on the industry side of MASAC. Commissioner Stein seconded the motion. AYES: 7 NAYS: 0 AIRPORT RELATIONS COMMISSION MINUTES -NOVEMBER 13, 1997 2 The Commission noted that John Foggia is no longer the ANOMS Technical Advisor. It was noted that Mr. Roy Fuhrman has replaced Mr. Foggia. METROPOLITAN COUNCIL AIR NOISE ZONES - PROGRESS REPORT Administrator Batchelder reported that on October 21, 1997, the City Council adopted Resolution No. 97-74, A RESOLUTION REQUESTING INSTRUCTIONS AND INFORMATION GUIDELINES FOR COMPREHENSIVE PLAN AMENDMENT OT FACILITATE A PROPOSED RESIDENTIAL HOUSING DEVELOPMENT. He noted that in approving this resolution, the City Council requested that the Metropolitan Council provide instructions and informational guidelines to Hoffman Homes regarding land use compatibility issues with residential housing in the air noise zones. Batchelder explained that at the October 14, 1997 workshop on the Comprehensive Plan, the issue of land use compatibility/air noise received the highest priority from the Council and Commissioners. He stated that Hoffman Homes has met with the Met Council and that Hoffman Homes' attorney reports that the Metropolitan Council has indicated that they are not likely to be flexible with their newly adopted Aviation Guide Plan policies. Batchelder explained that on Monday, November 10, 1997, City staff met with representatives from the Metropolitan Council. He stated that at this meeting, staff informed Met Council representatives that the City has not benefitted from many years of cooperation on land use compatibility with the Metropolitan Council. Batchelder explained that staff pointed out that Mendota Heights was the only City to adopt a Noise Attenuation Ordinance and that our reward for zoning an commercial/industrial corridor has been ever increasing air traffic that has spilled out of -the originally designed corridor into our residential neighborhoods. Batchelder explained that the Met Council was informed that acceptance of the corridor has been interpreted and used by MAC as acceptance of an unlimited volume of air traffic in our direction. Batchelder stated that the Preferential Runway Use System (PRUS) is predicated on land use compatibility and indicates that the Eagan/Mendota Heights corridor will be used first and foremost for aircraft departures at MSP, given weather conditions. Batchelder explaine&that the Met Council realizes the significance of the property the City is concerned about and that they realize taking the parcel of land off of the City's tax roll would be a detriment to the City. Batchelder stated the Met Council representatives inquired what the City of Mendota Heights desired to see this parcel, and other parcels in the noise zones, AIRPORT RELATIONS COMMISSION MINUTES -NOVEMBER 13, 1997 3 become. Batchelder stated it is becoming increasingly evident that the City needs to consider how this parcel of land can be used. Batchelder stated that the Mr. Tom McElveen, of the Met Council, had requested that the staff of Met Council visit the Resurrection Cemetery site, the Garron site, and the Wenzel site at Lexington and Wagon Wheel, to determine how the Aviation Guide Plan guidelines work on these particular sites and report back to Mendota Heights in early December. Chair Beaty stated that he has a difficult time seeing residential homes being constructed in this area. He stated that if homes are constructed, he knows that significant air noise complaints will be documented. Batchelder stated that the City Council has not judged, or ruled on, the merits of Hoffman Homes' townhouse proposal. Beaty stated that the City should pressure the MAC to move the corridor further south. Batchelder explained how the Community Stabilization Working Group should address these issues. UPDATES LETTER TO MAC ON 3RD PARALLEL RUNWAY EXHIBITS Administrator Batchelder explained that at the October 14 Airport Relations Commission meeting, he was asked to invite Mr. Nigel Finney to discuss graphics sent by the MAC regarding properties in Mendota Heights that would be impacted by a potential third parallel runway at MSP. Batchelder explained that at a recent Dakota County Mayors/Administrators Breakfast, he spoke with Mr. Jeffrey Hamiel who informed him that the MAC is very close to signing contracts with the Cities of Minneapolis and Eagan regarding the third parallel runway. Batchelder informed the Commission that as a result of this conversation, he suggested to Mr. Finney that it might be more appropriate for all three cities to decide on appropriate exhibits for defining affected property owners that would be attached to the contract. Batchelder informed the Commission that he had received a letter from Mr. Finney confirmed that they are continuing to discuss the terms of the contract with the City of Minneapolis and have done a preliminary analysis of the areas impacted by the runway. Batchelder stated that Mr. Finney agrees that a common approach to identifying the impacted areas in each community makes a great deal of sense and is the direction the MAC should follow. AIRPORT RELATIONS COMMISSION MINUTES - NOVEMBER 13, 1997 4 Commissioner May suggested that the Commission receive an update on the Minneapolis/Eagan negotiations with MAC. Commissioner Des Roches concurred. Commissioner May felt that the City of Mendota Heights would benefit by being informed of the progress of the negotiations. Commissioner Stein agreed and also suggested that the Commission consider inviting representatives from the Met Council to discuss noise zone contours. The Commission requested that staff contact Minneapolis, Eagan and MAC representatives about the progress on the Third Parallel Runway contract negotiations and to invite Mr. Nigel Finney to discuss the concepts and assumptions that would produce a map of affected property owners. LETTER TO MAC ON ENVIRONMENTAL ASSESSMENT FOR PROPOSED EXTENSION OF RUNWAY 4/22 The Commission was of the consensus that the letter sent by Administrator Batchelder to Ms. Kimberly C. Hughes, of HNTB Corporation, regarding the Environmental Assessment of the proposed 1,000 foot extension of Runway 4-22 at MSP Airport was a good summary of the City's sentiments. The Commission acknowledged the City Council's concerns regarding Hubbing Operation, Related Airport Development, Increase in Enplanements, Project Alternatives and Environmental Analysis. COMMUNITY STABILIZATION WORKING GROUP Administrator Batchelder informed the Commission that this group has been meeting once a month. He briefly reviewed an outline regarding topics the Commission will be discussing. MISCELLANEOUS INFORMATION ON RUNWAYS AND OPERATIONS PROVIDED BY MR. JIM SERRIN, MINNEAPOLIS MASAC REPRESENTATIVES The Commission acknowledged receipt of information regarding runway use at MSP. The Commission noted that it appears that airlines are hushkitting aircraft as opposed to purchasing Stage III aircraft. Chair Beaty felt that incentives should be placed on airlines who fly Stage III aircraft as opposed to those who fly hushkitted aircraft. Commissioner Stein submitted an article regarding hushkitting in Europe and how they view hushkitting to not be effective in the reduction of noise. AIRPORT RELATIONS COMMISSION MINUTES -NOVEMBER 13, 1997 5 ACKNOWLEDGE RECEIPT OF VARIOUS REPORTS/CORRESPONDENCE The Commission acknowledged receipt of the MASAC Agenda for October 28, 1997 and September 23, 1997 Minutes. Chair Beaty noted that the new shoulder hours will go into effect after the first of the year. It was noted that the ANOMS will be up and running in January 1998. The Commission acknowledged receipt of the MASAC Executive Committee Minutes of October 9, 1997. The Commission acknowledged receipt of the Airport Noise Report for October 24, 1997. Commissioner Stein discussed an article regarding O'Hare Airport being acknowledged by the Illinois Environmental Protection Agency as one of the largest sources of toxic air pollution in the State of Illinois. Stein wondered if the City of Mendota Heights should be concerned. Chair Beaty inquired if St. Thomas Academy would be willing to conduct additional tests, when they conduct their annual testing in the spring, to determine if the lakes are polluted with chemicals from aircraft, ie., benzene and formaldehyde. The Commission directed Administrator Batchelder to inquire with St. Thomas Academy to find out if their annual lake testing could include testing for chemicals such a benzene. Ms. Hannig, 909 Bluebill Drive, inquired about Close -In procedures and why they have not be implemented. She stated that she had read about this procedure in the City's newsletter and has not seen much regarding this procedure recently. Administrator Batchelder explained that the MAC overruled the City's request to implement this procedure off our end of the parallel runways. He stated that this procedure will be used over the City of Minneapolis. He informed Ms. Hannig that the City Council feels very strongly about this issue and that the City intends to pursue this issue further. Mr. Randall, of 902 Cheri Lane, stated that he does not understand why the MAC will not allow this procedure to be implemented. He stated that this is not an unusual situation and that other airports implement this procedure (Orange County). Commissioner Fitzer stated that the ANOMS report could collect data about how effective this procedure will be when it is implemented on the Minneapolis side. - The Commission acknowledged receipt of the MASAC Technical Advisor's Report (Abbreviated) for September 1997. AIRPORT RELATIONS COMMISSION MINUTES -NOVEMBER 13, 1997 6 Mr. Randall inquired about the effectiveness of the MAC Air Noise Hotline. Chair Beaty discussed the Commission's effort in informing the community about the hotline using refrigerator magnets. He stated that it is better to be vocal because if a community is silent, it is assumed there is no problem. The Commission acknowledged receipt of the MASAC Operations Committee Minutes of October 17, 1997. The Commission acknowledged receipt of the Eagan ARC Agenda for November 13, 1997. Commissioner Leuman inquired about an item under new business regarding Request for Variance - 15 Degree Parallel Runway Separations. Administrator Batchelder informed the Commission that this item was discussed at a recent Northern Dakota County Airport Relations Coalition meeting and that he believes Mr. Hohenstein to be updating his Commission regarding this issue. Batchelder briefly explained that the NDCARC believes that their respective City Council's should request this variance if it will allow the aircraft to fly more towards the center of the designated corridor. Chair Beaty explained that simultaneously departing aircraft must maintain a fifteen degree separation because the parallel runways are not far enough apart for safety standards to allow simultaneous runway headings. Batchelder stated that this item will be placed on an upcoming NDCARC meeting agenda and that our ARC and Council will consider this request in the near future. Commissioner Gross inquired if the City of Minneapolis would agree with this request. He felt that the City of Minneapolis should be involved and that it would help the effort. ADJOURNMENT There being no further business, the Airport Relations Commission moved to adjourn its meeting at 9:26 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary AIRPORT RELATIONS COMMISSION MINUTES -NOVEMBER 13, 7997 7 FIRE CALLS NO. MENDOTA HEIGHTS FIRE DEPARTMENT OCTOBER 1997 MONTHLY REPORT 97222 - 97245 NUMBER OF CALLS: PHHE ALARMS DISPATCHED: NUMBER I STRUCTURE CONTENTS ACTUAL FIRES Structure - MH Commercial Structure - MH Residential Structure - Contract Areas Vehicle - MH Vehicle - Contract Areas Grass/Brush/No Value MH Grass/Brush/No Value Contract MEDICAL Assist Extrication HAZARDOUS SITUATION Spills/Leaks Arcing/Shorting Chemical Power Line Down FALSE ALARM Residential Malfunction Commercial Malfunction Unintentional - Commercial Unintentional - Residential Criminal GOOD INTENT Smoke Scare Steam Mistaken for Smoke Other MUTUAL AID TOTAL CALLS LOCATION OF FIRE ALARMS: MENDOTA HEIGHTS 20 MENDOTA SUNFISH LAKE 3 LILYDALE 1 OTHER TOTAL 24 WORK PERFORMED HOURS FIRE CALLS 359 MEETINGS 79.5 DRILLS 285.5 WEEKLY CLEAN-UP 28 SPECIAL ACTIVITY 81.5 ADMINISTATIVE 0 FIRE MARSHAL 76 TOTALS 909.5 D 1 24 TOTALS TO DATE $36,600 $1,200 $78,400 $2,600 $19,600 $0 TOTAL MONTHLY FIRE LOSSES 3 $0 $0 $2,600 FIRE LOSS TOTALS MENDOTA HEIGHTS 2 6 24 TO DATE 197 4 20 19 4 244 TO DATE 3616.5 594 1445.5 311 588.5 0 695.5 7251 ALL FIRES, ALL AREAS (MONTH) $2,600 $135,800 MEND. HTS. ONLY STRUCT/CONTENTS $29,800 MEND. HTS. ONLY MISCELLANEOUS $27,600 MEND. HTS. TOTAL LOSS TO DATE $57,400 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE LAST YEAR 227 6 17 9 2 261 LAST YEAR 673 1641.5 0 731.5 8958.1 MN/DOT $ 0 MILW. RR $ 0 CNR RR $ 0 OTHERS: $0 TOTALS: $ 0 $ 0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 46.5 INVESTIGATIONS RE -INSPECTION MEETINGS 5.5 ADMINISTRATION 24 SPECIAL PROJECTS TOTAL 76 REMARKS: SEE OTHER SIDE FOR SYNOPSIS SYNOPSIS FIRE CALLS October, 1997 The Fire Department responded to 24 calls for the month of October. Fortunately, none of the 24 calls were serious, and only one of the calls required us to flow water, which happened to be one of four car fires we had for the month. The rest of the calls consisted of false alarms (some being related to start ups of heating systems), gas line breaks, good intent calls and one grass fire. GENERAL DEPARTMENT DRILL The monthly department drill involved relay pumping from our drop tank for non-hydranted areas. The drill was designed to get a specific "GPM" of water to flow for a designated time period without running out of water through our tanker operations. SQUAD CLEAN-UP DRILL The squad drill for the month consisted of ladders. We reviewed the different ladders and their uses, the proper parts of the ladders, and the proper ascending and descending of the ladders. We also reviewed our rescue techniques when brining an unconscious victim down a ladder. We then performed maintenance checks, which involved inspections and lubrication of parts. FIRE PREVENTION OPEN HOUSE Fire Prevention Chairman Roy Kingsly again did a terrific job in preparing our 1997 Fire Prevention Program in our elementary schools and at our October Open House. He took a weeks vacation to coordinate these programs, and with the help of many others who took time off from their own jobs to go to our schools and spend time teaching children about the importance of fire safety and fire prevention, he was able to accomplish a program that was very well received by both the teachers and the students. 49TH ANNUAL DANCE We celebrated our 49' annual dance this year at the Prom Expo Center with a band called the "Dweebs" playing. It was one of the most enjoyable and fun dances we've ever had. ANNUAL HALLOWEEN BONFIRE About fifteen firefighters teamed up to serve hot dogs and pop as well as safety protection at our annual bonfire. It was a cold and rainy night, but it didn't seem to deter our little trick or treaters and their parents from coming down to enjoy a hot dog and pop. FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR OCTOBER 1997 Special Acct. Includes: Halloween Bonfire Public Relations Sepcial Drill Special etin and Fall Clean -Up CALLS FOR MONTH FIRE FIRE PERCENT CLEAN MONTHLY I GEN OFFICER SQUAD FIRE SPECIAL 24 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL PREV. ACT. YEAR TO DATE ATTD HOURS ATI-I) THIS1 2 2 2 245 MONTH MONTH YEAR YEAR HOURS HOURS HRS. HOURS HOURS HOURS HOURS Adrian, Ed 7 7 105 43% 1 2 2 2 7 Bell, Dave 4 4 4 2% 2 2 Slaeser, Bret 8 8 138 56% 1 2 2 2 6 3 Boland John 14 14 14 6% 2 2 Burrows, Rich 15 15 17 7% 2 23 9% Coates, Aaron 10 10 79 32% 2 13 Connolly, Marcus 8 8 106 43% 2 2 4 7 5 Coonan, Mike 11 11 92 38% 1 2 2 6 Dreelan David 11 11 116 47% 1 2 2 3.5 2 15 2 Dreelan, Paul 1 7 7 96 1 391/6 1 2 2 2 5 Galezewski, Rob 22 22 22 9910 2 2 Husnik Ted 5 5 66 27% 1 2 2 2.5 5 Katzenmaier, Ron 16 16 154 63% 1 1 2 2 2 7 5 Kaufmann, Mark 10 10 121 49% 1 2 Kilburg, Jim 9 9 122 1 50% 2 2 3.5 1 9.5 7 Kingsley,Roy 13 13 130 53% 3 2 3.5 6 23 5 Klarkowski, Walt 4 4 50 20°10 1 2 2 2 4 La akko, John 15 15 154 63% 2 2 6.5 2.5 Lerbs, Jamie 9 9 120 491/6 1 1 2 2 2 8 Lowe, George 8 8 164 67% 2 4 2 3.5 4 6.5 5 Maczko, John 9 9 97 40% I 1 2 2 2 2 13 3 Maczko, Mike 6 6 110 45% McNamara, Ran 3 3 59 24% Nelson, Gerald, Jr. 11 11 117 48% 1 1 2 2 2 7 5 0% Olund, Tom 10 10 80 33% 1 � 2 Oster, Tim 12 12 109 44% 1 2 2 2 5 Paton Dave 6 6 85 35% 1 2 2 Perron Jim 9 9 106 43% 1 2 2 2 3 Perron, Kevin 4 4 91 379'0 7 1 2 2 Shields, Tom 7 7 85 35% 1 2 2 2 7 S 'erven, Gordy 11 11 139 57% 1 1 2 2 2 5 4 Stein, Keith 17 17 170 69% 2 2 3 3 Stenhau , Jeff 8 8 99 409/6 I 1 2 2 1 3.5 2 13 Weinzettel, Tom 7 7 72 I 29% 2 2 6.5 Weisenbur, er, Ken 14 14 I 124 51% I 1 I 2 2 I 2 5 3 Wilcziek, Tracy 12 12 13 5% I 2 6 Zwirn, Dick 7 7 74 3090 I 2 TOTAL FOR MONTH 359 TOTAL ATTENDED 28 2330 6 I 28 23 TOTAL FOR YEAR 3616.5 TOTAL MAN HOURS I 28 46 60 19.5 56 183.5 81.5 THIS MONTH LAST MONTH I I LAST YEAR THIS MO 4VE. RUNS/MAN 11.22 1 XXXXXXXXXXI XXXXXXXXX AVE. MEN/RUN 14.96 1.39 11 19.11 AVE % FOR YEAR I 44.94 1 44.94 1154.29 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, OCTOBER 1997 DAKOTA, INC. Checking Account 1.05% Savings Account 2.15% C.D. Rep. 3.00% Collateral - Bonds Gov't. Guar. CHEROKEE STATE BANK Saving Cert. 2/16/97 @ 3.7% Gov't. Guar. FHL Bk 6.055% 2/20/2001 opt. 2/20/96 (Pru) FHL Bk 7% 9/27/2005 opt. 9/27/97 (Pru) FHL Bk 6.50% 9/19/2002 opt. 3/19/98 (Pru) FHL Bk 7.05% (PRU) LaSalle Bank CD 5 1/2/7% (Pru) FHLMC 7.23% 12/97 FBS 6.40% FNMA 6.18% 12/99-96 FBS FHL Mtg. Pool 8% (PRU) FMLC 7% Mtg. Pool (PRU) PAC FMLC 6 1/4% Mtg. Pool (PRU) FNMA 6% Pool (PRU) FHLMC 6% Pool @ 101.4375 (PRU) FNMA (1994 Pool) 6 1/2% (PRU) U.S. Treasury Money Mkt. (FBS) Gov't. Securities Fund Zero Cpn T.Bds 7.9% - 2011 (J&M) TOTAL FUNDS AVAILABLE Funds Available 12/31/96 Funds Available 10/30/96 Rates 'Money Market Oct. Bank 2.85% Oct. FBS 5.13% LES:kkb BALANCE $72,614.06 $607.30 0.00 $73,221.36 $500,000.00 $100,000.00 $13,952.59 $13,952.59 $100,000.00 $498,675.00 $279,300.00 $249,687.50 $247,500.00 $95,000.00 $500,008.00 $500,008.00 $211,120.79 $405,995.00 $310,164.44 $503,180.34 $152,829.94 $201,981.35 $266,080.30 $1,002,470.00 $197,530.00 $5,655,370.00 $7,185,466.62 $5,097,184.75 COLLATERAL $600,000.00 $100,000.00 Value 10/31/97(est) $500,000.00 $280,000.00 $250,000.00 $250,000.00 $95,000.00 $502,000.00 $500,000.00 $213,000.00 $395,000.00 $305,000.00 $475,000.00 $135,000.00 $205,000.00 $1,015,000.00 $2,510,000.00 $329,000.00 CITY OF MENDOTA HEIGHTS MEMO November 14, 1997 TO: Mayor, City Council and City Admini@p FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Cray - Mortenson - Brown Institute Building DISCUSSION Earlier this year, the Council approved a Tax Increment participation for the redevelopment of the property to facilitate Brown Institute. Mortenson has generally completed the work on the property, however, has elected to sell the property to an REIT and as a result forgo the use of the Increment. (The Council approved a $348,000 for grading and drainage improvements with our standard recapture clause). After the contractor got working in the area, it appears that there is greater erosion in the outfall than we had anticipated. Public Works Director Danielson has reviewed the area and suggests that for an expenditure of about $15,000 we could do the minimum amount of work required and for about $40,000 a first class job could be done. Funding would come from the increment as a part of the Industrial Park Storm Sewer project. RECOMMENDATION We recommend that Council authorize an expenditure of up to $40,000 from the TIF to complete improvements to the Brown Institute creek. Staff would design the project and bid it this winter for completion next spring. ACTION REQUIRED Authorize the Engineering Department to prepare plans and specifications for a complete restoration of the creek bed and take bids for the work in the spring. LES:kkb NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION 5845 Blaine Avenue N,[)C Inver Grove 01 4 612/ 50-98 1eighFsAXM6l12/450-9429nnesota 76 14DD 612/552-9675 TO: City Mayors and Administrators/Clerks: - Inver Grove Heights - Lilydale - Mendota - Mendota Heights - South St. Paul - Sunfish Lake - West St. Paul FROM: Jodie Miller, Executive Direae DATE: 30 October 1997 RE: NDC4 MEETING MINUTES & AGENDA OCT 31 199 Lj •�. " Enclosed are copies of the IINAPPROVED minutes from the September 3rd NDC4 Commission meeting and October 8th Executive Committee meeting. Please distribute copies of these minutes to your city council members. Also enclosed is a copy of the Agenda for the next full Commission meeting on Wednesday, November 5, 1997. This meeting will be cablecast live on Channel 18 at 7:00 p.m. and replayed on November 13, 1997, at 1:00 p.m. and 8:00 p.m. Please feel free to contact me at 450-9891 with questions or comments regarding any cable issues. Encs. Northern Dakota County Cable Communications Commission FULL COMMISSION MEETING Wednesday, November 5, 1997 - 7:00 p.m. Studio A 5845 Blaine Avenue Inver Grove Heights, MN 55076 NDC4 meetings are televised LIVE on NDC Channel 18. Viewers may call 451-7834 with citizen comments. MEETING AGENDA TII� INFORMATION DISCUSSION ACTION' 1. CALL. TO ORDER/PLEDGE - 7:00 - X 2. ADOPT AGENDA : 7:05 . 3. 'AGENDA 7:10 X X X A) Approve 9/3/97 Commission Minutes h A♦ Minutes ' ". -'' 3 Approve 10/8/97 Executive : =: B) Approve List of Claims 10/9/97 to 11/5/97 4. PUBLIC HEARING 7:15 X X SALE OF CONTINENTAL TO CHARTER COMMUNICATIONS .r- (Cable subscribers and residents of NDC are invited to comment or question on the impact of transferring the cable franchise from Continental to Charter) 5. STAFF REPORT - 7:25 X X X 6. LEGAL. COUNSEL. REPORT 7:55 X X ' X 7. CONTINENTAL. REPORT 8:25 X X 8. UNFINISHED BUSINESS 8:50 9. NEW BUSINESS 8:55 10. ADJOURN 9:00 X IYDC4 UNAPPROVED Northern Dakota County Cable Communications Commission Full Commission Meeting and Public Hearing September 3, 1997 1. Call to Order - The September 3, 1997 NDC4 Commission meeting was called to order by Chair Tourville at 7:05 p.m. The Pledge of Allegiance was recited. Members Present: Joe Conlon, Henry Hovey, John Huber, Jodelle Ista (departing 9:20 p.m.), Richard Jackson, James Levy, Mike Sokol, Jim Sullivan, George Tourville, and James Zacharski. Members Absent: Alvin Boelter, Lucille Collins, Laurence Jung, and Richard Vitelli. Others Present: Kathy Donnelly Coen, (Government Relations, Media One); Steve Baker - Engineer, Cheryl Olmstead - Customer Service Manager, and Fran Zeuli - General Manager (Continental Cablevision); David Barford, Trudi Foushee, Jim Bogart, and Paul Estes (Charter Communications); and Joy Curtin and Jodie Miller (NDC4 staff). 2. Adopt Agenda - Motion 9-3-97-1 to adopt the Agenda was made by H. Hovey, seconded by R. Jackson, and unanimously carried. 3. Consent Agenda - A) Approve Minutes: The July 2, 1997 NDC4 Commission Meeting minutes were presented for approval, J. Zacharski noted that he was marked as being both present and absent, and that he was indeed present at that meeting. Motion 9!773-97-2 to approve the July 2, 1997 full Commission Meeting minutes as corrected was made by a Hovey, seconded by J. Zacharski, and unanimously carried. The August 6, 1997 Executive Committee Meeting minutes were presented for approval. Afodon 9-3-97-3 to approve the August 6, 1997 Executive Committee Meeting minutes was made by R. Jackson, seconded by H. Hovey, and unanimously carried. 6) Approve List of Claims: The List of Claims for 8/7/97 - 9/3/97 was presented for approval. H. Hovey inquired whether the budget was on target. J. Miller responded that the budget is being met and a new report will be generated showing budget -to -actual budg1 totals. Afodon 9-3-97-4 to approve the List of Claims for 8/7/97 - 9/3/97 was made by J. Huber, seconded by J. Conlon, and unanimously carried. NDC4 Commission Meeting September 3, 1997 Unapproved 4. Public Hearing - Chair Tourville announced that the Public Hearing regarding the transfer of Continental Cablevision to Charter Communications was now open. He invited the public to address their comments and/or questions via telephone or in person to Commissioners and representatives from both Continental and Charter who were present at the meeting after presentations are made by Continental and Charter. F. Zeuli, Continental Cablevision General Manager introduced David Barford who is a Senior Vice -President at Charter Communications in St. Louis and in charge of urban markets. Dave Barford distributed folders with information about Charter to the Commissioners and introduced other Char -ter representatives who were present: Trudi Foushee - Vice -President Senior Counsel, Jim Bogart - Vice -President Government Relations, and Paul Estes - Assistant to the President. All of these people comprise the transition team which has been assigned to work with NDC4 during the sale of Continental to Charter. D. Barford provided a brief history of Charter Communications. Charter is a privately -held corporation owned by three principals who previously were involved with another cable entity for 10 - 12 years. When that operation sold out, the partners formed Charter Communications in 1993. Charter will become the 8th largest cable operator in the country and will have 1.5 million customers if acquisitions in the Twin Cities and California and Nevada are complete. It employees over 2,000 employees nationwide with an annualized revenue of close to $500 Million. He went on to explain the rapid growth that occurred since April 1994 and the focus on two types of markets: rural in Southeastern United States, and urban in which the Twin Cities area will be included. Legal Qualifications: Information regarding legal qualifications was presented. A chart depicting a proposed organizational structure showing investors was displayed. Financial holdings and equity partners were briefly described. The structure of the $613 million Twin Cities deal was explained. An overview of current operations was presented along with a capital budget by region which shows $164 million currently being invested mostly in infrastructure and rebuilding. Charts showing growth in annualized revenues and cash flow were shown. B. Grogan inquired what made up the revenue growth. D. Barford responded that it includes new revenue streams, ad sales, new revenue rates and the like. D Barford explained key financial issues that were considered by Charter when considering purchase of the Twin Cities market including having a well-established cable operator in place, good potential for expansion with a growing home-building market, basic penetration at 50% which can grow with addition of new services, a strong and diverse economy, and the technically advanced 750 MHz system in NDC. The Twin Cities markets are well consolidated with excellent demographics and state-of-the-art cable plant that fits well with Charter's strategies in other parts of the country. Technical Qualifications: D. Barford explained that generally Charter operates through a decentralized system of corporate-, regional and system operations believing that decisions regarding local operations should be made by operations managers at a local level who are closest to the customers they serve. Charter now has in excess of 35,000 miles of coaxial cable and 27,000 miles of fiber optic glass nationwide. Char -ter is no Page -2 NDC4 Commission Meeting September 3, 1997 Unapproved longer building 450 MHz plant but has budgeted for substantial 550 MHz and 750MHz system rebuilds. An overview of regional activities and new product offerings was presented. High speed cable modems are being tested in the Northeastern Region. It is the intent of Charter to be able to offer customer service 24 hours per day 7 days per week, same day installation and service, on-time guarantees with credit if not met, feedback to customers, and a Customer Bill of Rights describing the company's standards. A customer survey conducted in 1996 indicates high customer satisfaction levels with Charter. D. Barford went on to describe what Charter envisions doing in the Twin Cities operations including ad sales and data service opportunities, telephony, digital technology including cable modems and digital converters, paging services and new programming services and tiers. D. Barford closed his presentation by thanking the Commission for the opportunity to offer an overview of the technical, legal, and financial qualifications of Charter Communications. 5. Staff Report - A) Executive Director: J. Miller reviewed with the Commissioners the flow of documents and information involved with the sale of the NDC system, as well as information that has been requested from Continental pertaining to this process. The Commission needs to discuss the timeliness of conducting a technical audit as part of preparing for the system transfer, as well as review provisions of the Citivision Agreement to determine how effectively conditions are being met. A final report will be issued concerning any franchise compliance issues and the technical, legal, and financial qualifications of Charter Communications to operate the NDC system. Much of the information needed in order to provide a recommendation on the transfer of Continental is not yet in hand. It is, therefore, staffs recommendation to keep the Public Hearin open as more information is made known and issues are discussed. The Right of 9 1 11) First Refusal needs to be looked at. The deadline for action on this matter is September 14 and it is staff's recommendation to keep this option open in order to determine a purchase price for the system, and for NDC4 member cities to be allowed ample time in which to review the matter and make an informed decision on it. Two proposals to conduct a technical audit of the Continental system were received and distributed at the August Executive Committee meeting. Because the system rebuild is not complete, it is staffs recommendation to conduct the technical audit when the rebuild is done and if all other aspects of the transfer are approved, make the approval of the system transfer contingent upon results of the technical audit. The cost for conducting the audit should be considered a part of the transfer review process which is paid for by the cable operator. Page - 3 NDC4 Commission Meeting September 3, 1997 Unapproved Because November 13 is the 120 -day deadline for the entire review process, meeting dates need to be looked at very closely and the Commission should plan on holding a full meeting in October. The following portion of the Staff Report was made following Agenda Item 7. Citizen Comments: J. Miller reported that budget approvals have been received from the member cities of South St. Paul, Inver Grove Heights and Lilydale and Mendota Heights (by default). All member cities have agreed to contribute to the Insighl 7 program except West St. Paul. 6. Legal Counsel Report - B. Grogan explained the difference between the last transfer to US West Media Group and this one and the crucial timing issues involved. V, The Right of First Refusal: The current NDC4 Franchise has a provision that allows any member city an opportunity to purchase the system at a reduced rate if and when the system is for sale. Any city wishing to purchase the system must make their intentions to do so known within 60 days of receipt of the notice of intent to transfer the system. At this time, the reduced purchase price has not been calculated. Media One and Charter have been requested -to' assist with providing information that will help determine that price. The Commission needs to decide now whether or not to pursue gathering this information in order to determine a purchase price. Technical and Financial Audits: Charter and Media One have provided a lot of information regarding their legal, technical and financial qualifications to operate the system, which are currently being reviewed. Through this system transfer, Charter will assume obligations of the Franchise, including the system rebuild still underway in the NDC area. There is no direct knowledge available to NDC4 at this time indicating the rebuild is being done according to design, although given Continental's past reputation, it is anticipated the system will be completed as planned. However, because the system may be transferred to another entity, NDC4 is obligated to make certain the system construction has been properly done before the transfer takes place. Likewise, an audit of franchise fee payments has not occurred in eight years, and now is the time for NDC4 to make certain that the franchise payments are correct by conducting a financial audit. NDC4 is obligated to make certain that the "slate is clean" regarding both of these matters before passing approval of a system transfer. Transfer Approval: If all matters concerning Right of First Refusal are resolved, there are no franchise compliance issues pending, and technical, legal and financial qualifications are approved, NDC4 can stipulated conditions while approving the transfer, if deemed appropriate. There is a great deal of information to be disseminated, reviewed and discussed before the deadline for having to make the transfer decision is mid-November, and an October full Commission meeting will likely be needed. J. Zacharski inquired to what extent, if any, are those issues addressed in the contract documents between Charter and ?vledla One. B. Grogan explained that Media One's Page - 4 NDC4 Commission Meeting September 3, 1997 Unapproved obligations become Charter's obligations, however, in the draft resolution sent to NDC4, Charter is suggesting they be granted a "clean slate" from the date of the signing of the resolution. With such resolutions, should a problem occur regarding either the system rebuild or franchise fee matters after the resolution has been signed, it will not be possible to go back in time to determine liability. It is for this reason that Legal Counsel is concerned that NDC4 obtain accurate information regarding both these matters via technical and financial audits. M. Sokol inquired about the status of documents that had been sent to NDC4 and then retrieved at the August Executive Committee meeting because of errors in collating. B. Grogan clarified that there were collating errors and a letter and corrected exhibits were received September 2 at the NDC4 office. Charter claims in their accompanying correspondence that the information in these exhibits is not material to making a decision regarding the transfer. NDC4 has yet to determine whether enough information has been gathered at this time on which to make a decision.- M. Sokol inquired whether the 120 - day deadline is affected if the reissued information is considered to be material. B. Grogan responded that it would, although Charter has indicated a desire to complete the transaction by early 1998. M. Sokol inquired whether NDC4 has received a response to its request for information dated August 15. B. Grogan responded that according to conversations with J. Gibbs, responses to that request and to a request for financial information made on August 23 are nearly complete. M. Sokol asked whether Legal Counsel considers the information requested on August 15 material to NDC4 making a decision regarding the transfer. B. Grogan responded that it absolutely is and includes a question regarding how the transaction will be impacted by the Social Contract. R. Jackson inquired whether any city has indicated an interest in the Right of First Refusal opportunity. B. Grogan responded that the information had just been sent to cities and no follow-up conducted yet. Chair Tourville added that the price needs yet to be established and information is forthcoming from Charter and Media One to help determine that number. B. Grogan stated that although the language in the franchise is ambiguous, it is likely to be interpreted to mean that by September 14 a city should make their desire known should they wish to purchase the system. 7. Citizen Comments - Chair Tourville opened the floor to public comments. West St. Paul resident and former Commissioner Ken Hanson urged the Commissioners to insist upon the system rebuild being complete before agreeing to any transfer. He cited examples of the original system not being built as designed. He questioned why Charter representatives refer to the NDC system as the St. Paul system, as they are two distinct systems. He also stated that he believed the NDC system should have its own head end and not be grouped with other Twin Cities systems. Chair Tourville clarified that some of the issues concerning design of the original system had been taken care of via timing variances and Franchise settlements. J. Miller reported that she received a comment via telephone from an Inver Grove Heights subscriber who wished to have the narrowcasting capability so there would be more channels available for other programming. The subscriber also voiced concern over Page - 5 NDC4 Commission Meeting September 3, 1997 Unapproved having two program services share the same channel, and that the schedules printed in the newspaper guides do not differentiate between St. Paul system programming and NDC system programming. A caller inquired about some dysfunction she had been experiencing with the channel blocking option. Cheryl Olmstead, Continental Customer Service Manager assured the caller that this is likely an isolated problem concerning the coverter box. She asked the caller to leave a contact phone number for next -day follow-up. A caller inquired about how HDTV (high definition television) is involved with cable and this transfer. D. Barford explained that HDTV is more of an issue at the moment with broadcasters and cable networks than with cable operators that use digital technology for broadcast. Right now one of the main issues involved with HDTV is to establish standards. Cable operators will likely consider HDTV if and when it becomes mainstream and standards have been established. Issues surrounding HDTV will likely not be resolved in the next couple of years. J. Huber commented that one of the most frequently asked questions he receives is why the NDC system uses coverter boxes. He inquired whether Charter would continue with the boxes. D. Barford responded that until televisions are able to convert digital signals to analog or other advanced signals, boxes will be a necessary evil. Boxes also are used to scramble signals to prevent pirating which ultimately results in increased rates because of lost revenues. A caller inquired about what kind of commitment Charter will make toward continuing funding of public access television. D. Barford responded that he was not real familiar with what commitments were currently in place in the NDC area, but in general, Charter has many local programming commitments elsewhere and it is something that is very important to Charter as an operator from a marketing point of view since competitors do not have that capability. He further stated that it makes sense to Charter to use local programming as a competitive opportunity and is makes sense for the community. As part of the process Charter will assume whatever level of obligation for funding of local programming that Continental has committed to in the past and look at community needs in the future for funding beyond franchise obligations. A caller inquired why there has to be more than one converter box per house with multiple outlets. D. Barford explained that if only one box was used for different outlets the same program would have to be seen on all televisions within the household. Given current technology, the only alternative now is to use more than one converter box. The caller further inquired why the channel line-up in the printed 7V Guide does not show the NDC system line up. F. Zeuli responded that the newspaper determines what to publish based on space limitations. Chair Tourville inquired whether anyone is looking at having the same channel line-up for both systems. F. Zeuli explained that there would be automatic differences given the public access channels. He added, however, that with new technology and improved converter boxes, the interactive program guide and internet Page - 6 NDC4 Commission Meeting September 3, 1997 Unapproved access are becoming viable options to printed guides. He also noted that converter boxes allow lock -out capabilities. A caller asked Charter to comment on whether they intend to carry the Odyssey Channel in the future. D. Barford responded that channel capacity will increase as digital technology is better utilized. Typically, Charter tries to determine customer programming preferences through market surveys. Shared programming on channels is one way to address some of the demands for different programming that exist. J. Huber inquired what percent of subscribers nationwide use converter boxes.. D. Barford responded that it depends upon the market, but until technology advances and televisions are made to convert signals, boxes will be necessary. A caller inquired about Charter's plans to use fiber in conjunction with computers and internet access. D. Barford responded that in some markets a high-speed Internet access using a 10 MB cable modem is being used. Char -ter believes the broadband pipe used by cable is faster than the copper cable that is used by telephone dial-up services and would like to make the capability possible as quickly as practical. They are hopefulto introduce these innovations in 1998 in the NDC area. Chair Tourville inquired whether modems will provide both one and two-way communication. D. Barford responded that the decision is still being made, although the majority of users are interested in downloading information rather than uploading files to servers. He predicts that eventually hybrid modems will be sold in common electronic stores, and added that the NDC. area seems to be a viable market for these services. It is not know at this point what the penetration levels are nationwide for the service. J. Ista inquired about the monthly charge for modems. D. Barford responded that it is approximately $44.95 per month including the modem. With a two-way scenario, there would not be need for a second phone line or T-1 lines. M. Sokol noted that 98% of Charter's systems nationwide have fewer channels than the Twin Cities, and he registered concern that Charter may need to incur a great deal of capital expense upgrading these systems to make them competitive He asked what assurance Charter could give NDC4 that in the year 2000 when this franchise comes up for renewal Charter will have the financial ability to continue to adequately fund the NDC system. D. Barford responded that the NDC system is already a state-of-the-art system and the investment has already been made and paid for in the purchase price. In its business plan, Charter has set aside capital to provide required upgrades of other systems and the financing is in place for at least five years. M. Sokol clarified that his concern is that Charter will become immersed in these other upgrades that the NDC system will be overlooked in areas such as customer service. D. Barford responded that NDC is fortunate to have the 750 MHz rebuild nearly complete and the worst, in terms of inconvenience and problems is likely over. At any rate, Charter will adhere to specific performance standards that are demanded by law and its own internal company policies. Page - 7 NDC4 Commission Meeting September 3, 1997 Unapproved A caller inquired why the narrowcasting capability cannot be in place now with the 750 MHz rebuild. D. Barford responded that the extra bandwidth is being kept open for use by other future services. The rebuild must be complete first, and then decisions made on how to use the extra bandwidth. F. Zeuii explained that when the narrowcasting agreement was negotiated, subscribers indicated an interest in watching neighboring cities' meetings and that was considered in the resulting narrowcasting agreement. Limitations of channel capacity limit the ability to apply narrowcasting capabilities. J Miller inquired about Charters plans to increase penetration in the NDC area. D. Barford responded that by adding more programming, new services (e 0Cr. internet access), and matching programming with needs based on psychodemographic studies Charter anticipates an increase in subscribership. He added that, in general, cable viewership is growing nationwide. M. Sokol asked whether Charter could assure that the Customer Service office will remain a local operation. D. Barford stated that it is a little premature to state specifically where offices will be located. However, Charter is committed to providing what customers want in convenience in making payments and having questions answered. T. Foushee added that it is not possible for capital in the Twin Cities area to be depleted based upon what is occurring in other areas because different legal entities own the different cable systems and that money is not co -mingled or moved from one cable system to another. M. Sokol inquired whether that means that all the subscriber money collected in the NDC system will remain in this system. T. Foushee responded that all money collected in the NDC system will remain with the entity that owns the system. Currently the entities that own the system do not extend beyond the Twin Cities. Future acquisitions would be handled as a separate financing deal. M. Sokol inquired whether staffing levels will remain as they are. D. Barford responded that projections have been made and as of now it appears the same level will be maintained, although more staff may need to be added. M. Sokol inquired whether operations would continue in the St. Paul office. D. Barford responded that projections contemplate the existing operation as it stands today with minor changes. M. Sokol inquired about the circumstances for the City of Signal, California denying the system transfer to Charter Communications. T. Foushee explained that the City of Signal Hill consists of 1500 subscribers served out of the Long, Beach head end consisting of 67,000 subscribers. Signal Hill indicated they would review the transaction jointly with Long Beach using the same three consultants. Signal Hill did not take an active part in the discussions. Financing commitment was not in place at the time of the decision, and a timing extension was requested Based on a recommendation by one consultant, Long Beach passed the extension for 30 days and then the transfer. The same consultant for some unknown reason advised Signal Hill to deny the transfer based on not having adequate financial information available. Eventually Signal Hill approved the transfer. N1. Sokol asked for clarification of a statement that appeared in a letter dated July 15, 1997 addressed to NDC4 Executive Director from Charter President and CEO Mr. Kent, Page - 8 NDC4 Commission Meeting September 3, 1997 Unapproved indicating that Charter doe not promise to be "in it for the long haul." D. Barford responded that Charter does not want to make promises it is unable to keep. While Charter has long-term business plans and its principals are young and interested in the business, something could happen that is not able to be controlled in the market place that could change circumstances. It is not, however, the intention of Charter to buy the system and try to resell it. Finally, M. Sokol inquired whether F. Zeuli and C. Olmstead will remain a part of the Charter operations. D. Barford responded that a senior vice-president of operations will be hired and open invitations will be extended to current employees to continue in their respective capacities. J. Huber inquired whether Charter has ever been found in non-compliance. D. Barford responded that it has not. Chair Tourville suggested that the Commissioners take action on staff recommendations previously reported. It was agreed to continue the Public Hearing on the transfer issue until the next NDC4 meeting in October in order to offer the public and Commissioners more time to make inquiries. Motion 9-3-97-5 to continue the Public Hearing until the next full Commission meeting on Wednesday, October 1 at 7:00 p.m. was made by H. Hovey and seconded by J. Ista. The meeting date was briefly discussed and the motion amended to change the meeting date to Wednesday, October 8 in consideration of an October 1 religious holiday. The vote was taken and the amended motion unanimously carried. Concerning the issue of Right of First Refusal, Motion 9-3- 97-6 to keep the Right of First Refusal option open and authorize staff to pursue gathering sufficient and necessary information including determining the reduced purchase price, so member cities can make informed decisions was made by J. Huber, seconded by J. Levy, and unanimously carried. Concerning conducting a technical audit, B. Grogan stated that given the current timeline, if NDC4 wishes to complete a technical audit before its November meeting, a decision needs to be made at this meeting whether to go forward. The Commission may also consider conducting the audit after the completion of the system upgrade. J. Ista inquired about the status of the system upgrade. F. Zeuli responded that Phases I and II are 100 % complete, 97% of Phase III is complete, and 64% of plant is laid and 12% of drops complete in Phase IV. Continental anticipates completion of the upgrade by the end of November, 1997, B. Grogan clarified that the decision NDC4 must make this evening is whether to conduct a technical audit and whether to do it prior to the date action must be taken on the transfer in November or to approve the transfer and conduct the audit after the system has been completed in January, 1998. Transfer approval can be granted with conditions and it is Legal Counsel recommendation to wait until the system is complete before conducting the audit so the engineer has benefit of looking at the system in its entirety. Motion 9-3-97- to conduct a technical audit after completion of the system rebuild was made by H. Hovey and seconded by J. Huber. J. Zacharski requested clarification on who is responsible for reimbursing costs of the audit and whether Legal Page - 9 NDC4 Commission Meeting September 3, 1997 Unapproved Counsel has received a response from Media One Legal Counsel to August 12 correspondence concerning reimbursement of transfer costs. B. Grogan responded that it is not necessary to include reimbursement of costs as part of the motion, and that an agreement on reimbursement of costs has not yet been reached and no legal debate has ensued. It is the feeling of both Legal Counsels that the matter of reimbursement will be amicably negotiated. Chair Tourville commented that there will be further meetings regarding reimbursement of costs for the technical and financial audits. The vote was taken and the motion was unanimously carried. I Chair Tourville asked about the status of what seemed to be interposed identifications of the grantee that appeared in Form 394. B. Grogan affirmed that in different places the grantee name changed from CC -King to CC -St. Paul. T. Foushee explained that there are two deals concerned with the purchase of the Continental systems which include (Meredith systems, King systems and Continental systems) -- one is an asset deal the other a stock deal. After the transfer takes place, the Continental St. Paul system will be owned under CC of St. Paul LLC and the NDC franchise will be held under the CC -King - LLC. B. Grogan pointed out that in different places in Form 394 the NDC system is identified as being under one entity and then another entity and Continental Legal Counsel J. Gibbs agreed this appears to be an error. T. Foushee remarked that the division of entities is likely done for tax reasons. J. Miller pointed out that correspondence she has received identifies the NDC system as CC St. Paul and this needs to be straightened out. T. Foushee agreed to look into the matter of why the NDC system is being identified under different entities and respond in writing to B. Grogan. Chair Tourville invited Charter to make any final comments. T. Foushee stated that she believes that conducting technical and financial audits of the Continental system have no bearing on NDC4's consideration of the technical, financial and legal qualifications of Charter to run the system and, therefore, should not be reimbursed by Charter. B. Grogan stated that he respectfully disagrees with that interpretation of FCC rules regarding transfer. Chair Tourville thanked the Charter contingent for appearing at this Commission meeting and providing their input. [J. Ista departed the meeting.] [J. Miller continued with her Staff Report -- refer to Item 5 Staff Report above ] 8. Continental Report - C. Olmstead reviewed the FCC Customer Service Standards report for the second quarter of 1997. Percentages were affected by a couple of storms that hit toward the end of June. Chair Tourville asked to include the system name in the title of future reports. Continental will celebrate National Customer Service Week with various events at cable stores on October 6 - 10. Page - 10 NDC4 Commission Meeting September 3, 1997 Unapproved F. Zeuli complimented C. Olmstead on the good job she does in promoting the on-time guarantee at a staff level as well as in other ways. S. Baker provided an update on construction of the NDC rebuild. Phases I and 11 are 100% complete. Phase III is 97% complete with construction and the drop swap. The remaining 3% involves coordinating activity with building owners. Phase IV is approximately 54% complete with construction and 12% complete with drop swap. In 1997 plant has been extended in different areas, the majority of which fall outside the original service area. Further extensions in Inver Grove Heights are begin given consideration for 1998/1999. 9. Unfinished Business - No unfinished business was brought up for discussion. 10. NewBusiness- No new business was brought up for discussion 1. Adjournment - Motion 9-3-97-9 to adjourn the meeting was made by H. Hovey and seconded by J. Conlon. The meeting adjourned at approximately 9:30 p.m. Respectfully submitted, Joy A. Curtin NDC4 Administrative Assistant and Recording Secretary Page - 1 1 MEN W P 0 W �RUMVNK4 Northern Dakota County Cable Communications Commission Executive Committee Meeting October 8, 1997 1. Call to Order - The October 8, 1997 NDC4 Executive Committee meeting was called to order by Chair Tourville at 5:40 p.m. in Studio A. Members Present: Lucille Collins, Jodelle Ista, John Huber, Mike Sokol, and George Tourville. Others Present: Joe Conlon, James Levy, and Jim Sullivan. Brian Grogan (NDC4 Legal Counsel); and Joy Curtin and Jodie Miller (NDC4 staff). 2. Adopt Agenda - Motion 10-5-97-1 to adopt the Agenda was made by J. Ista, seconded by L. Collins, and unanimously carried. 3. Special Presentations - Chair Tourville announced that numerous volunteers have contributed many hours of their time to produce programming and assist INDCTV and NI-DC4 staff. Volunteers who have tracked their time and achieved specific point levels during the second quarter of the Volunteer Program were named: Jerry Schwartz (media pass); Kerry Babcock and Therese Cosgrove (watches); and Terry Hogan (jacket), T. Cosgrove and T. Hogan, who were present, received their gifts and thanked NDC4 and NDCTV for the gifts and the opportunity to participate as volunteers. Program volunteers who attain a I00 -point level have their names included in a quarterly drawing for their choice of cinema tickets or attendance at an ITVA meeting. T. Cosgrove drew the name, and the second quarter winner was Naomi Lifejoy. Chair Tourville thanked all the volunteers who helped to make public access television programming possible. I 4. Approve Claims - The List of Claims for 9/4/97 - 10/8/97 was presented for approval. Motion 10-8-97-2 to approve the List of Claims for 9/4/97 - 10/8/97 was made by J. Ista, seconded by J. Huber, and unanimously carried. 5. Public Hearing - Chair Tourville announced that the Public Hearing regarding transfer of the NDC system to Charter Communications is still open. No additional queries or comments have been received since the September 3 meeting. NDC4 Executive Committee Meeting UNAPPROVED October 8, 1997 6. Legal Counsel Report - B. Grogan reported that in a recent meeting, Continental Legal Counsel, J Gibbs announced that they would be willing to provide a flat fee of up to $15,000 as a transfer application fee for NDC4 to use as deemed appropriate. Costs associated with review of the legal, technical and financial qualifications of Charter, as well as the cost for the franchise fee audit could be covered by this fee. If and when the resolution is prepared for the transfer, language will be included specifying that the system rebuild, which NDC4 allowed Continental to do in forgiveness of variance issues, has been done correctly and payment for the verification process (technical audit) will be a condition of the transfer. J. Gibbs will send a letter to NDC4 stating Continental's agreement to provide a transfer application fee of up to $15,000. NDC4 will submit an invoice to Continental for the costs it incurs that may fall under this application fee. M. Sokol remarked that he feels very strongly that the current franchise is very clear about the responsibility of the franchise holder to pay for the costs of the audits. Therefore, it is important to make certain that any agreement indicates that NDC4 is not waiving its position that Continental is responsible for these payments so as not to jeopardize its future rights should another entity claim the audit costs were never reimbursed. He also stated that it is very important that Media One be held responsible for reimbursing all of these costs, regardless of whether the transfer is approved or not, since they initiated the entire transfer process in the first place, and NDC4 would not have incurred the costs otherwise. B. Grogan agreed and stated that it is his intention to make reimbursement of transfer costs a condition of the transfer and part of the resolution approving the transfer. M. Sokol also asked that staff and Legal Counsel make sure that $15,000 is enough to cover the costs of the intended review and investigations regarding the transfer. Brief discussion continued on how the transfer of the St. Paul system may affect the NDC system. B. Grogan assured the Commissioners that nothing would be done to waive the franchise rights NDC4 currently holds and stated that he was confident the $15,000 amount would be sufficient to cover costs for investigating legal, technical and financial qualifications and conducting the financial audit. M. Sokol reported that while at the NATOA Conference in September he had an opportunity to meet and talk with both engineers who submitted proposals to conduct the technical audit. In discussing the fee structure, J. Kramer committed to' doing the project for a set fee including expenses. B Grogan reported that a response from Charter Communications (dated September 5 and postmarked October 3) to questions posed by NDC4 was finally received October 6. There has obviously been a significant delay in receiving this response. Although Charter does not provide any detail, it sounds as though they are leaning toward not continuing with the Social Contract. NDC4 needs to pay attention to what other Twin Cities systems also involved with a Charter transfer are doing since it may impact the services offered in the NDC system. The vast majority of information received in the Charter response is financial and will now allow Legal Counsel to conclude its review of the legal, technical and financial qualifications of Charter. Timing is becoming more of an issue, and J. Gibbs indicated he will propose to extend the time period for resolution of the matter to mid to Page - 2 NDC4 Executive Committee Meeting October 8, 1997 UNAPPROVED late December. B. Grogan stated that he does not anticipate a problem completing his report in time for a December NDC4 meeting. If the Commission chooses not to meet in December timing will become an issue. Discussion ensued and it was agreed that NDC4 will look forward to receiving a letter from J Gibbs specifying the extension date. Whether NDC4 has enough information on which to base its decision is questionable, given the lengthy delay in receipt of answers to questions. J. Miller noted that some of the information concerning the franchise fee audit which was requested in a July 22, 1997 letter to Continental is still outstanding. B. Grogan reported that J. Gibbs stated that information should be in NDC4 hands by Friday, October 17. If complete, the franchise fee audit should be able to be completed. Also, B. Grogan reported that only a few hours before this meeting he learned that the Charter Communications financial team is planning to visit the Twin Cities on Friday, October 17 to make a presentation and answer questions of all local systems considering transfer issues. A 2:00 p.m. time slot has been established for NDC4 representatives and the meeting place will likely take place in St. Paul. J. IvEller registered concern about the short notice being given for this meeting and inquired whether NDC4 needs a written letter from Charter regarding an extension. B. Grogan stated that J. Gibbs agreed that if he would speak on behalf of both Charter and Media One or obtain an agreement to the extension from Charter in whatever form it takes. Discussion continued regarding when NDC4 will be ready to vote on the transfer. It was agreed to plan to take the vote on the transfer at the first meeting in January, and that members cities be informed of Legal Counsel's opinion regarding the transfer during the month of December to allow them an opportunity to give comments and provide feedback before the decision is made by NDC4. The January meeting date will be Wednesday, January 7, 1998. B. Grogan will update NDC4 at its November meeting on response of Media One and Charter to this proposed timeline. Anyone interested in attending the meeting with the Charter financial team next Friday should let staff know. B Grogan reported that part of the transfer transaction is a non -compete agreement by which US West agrees not to compete directly with Charter communications for 3-1/2 years. Several questions are raised by this agreement including whether such an agreement is legal under federal law, whether there are any anti-trust concerns, and what the practical impact will be on the local scene. At any rate, NDC4 must address and react to the issue. Discussion ensued on how to find out if the agreement is legal. B. Grogan noted that the FCC does not rule on private contracts unless asked to do so, and even so, such a ruling would not be timely for purposes of approving this transfer. J. Miller reported that the mayor of each member city should have received a letter from Continental Cablevision dated September 22 giving notice that they would like to renew the NDC franchise. B. Grogan explained that from the date of receipt of this notice, a 6 - month clock begins to run during which NDC4 must initiate a needs assessment process. His recommendation is to wait until the transfer is complete, and then consider a "stand still agreement" which means NDC4 will proceed informally with the renewal process. The informal process allows cities more flexibility, although both parties can take up the Page - 3 NDC4 Executive Committee Meeting October 8, 1997 UNAPPROVED formal process at any time. It was agreed that staff will explain the process in a letter to member cities. 7. Officers' Reports - (No reports were given.) 8. Staff Report - J. Miller reported that staff researched and received six quotes from three different vendors for purchase of a copy machine. It is their recommendation to purchase a Toshiba 3550 from Wagers, Inc. for $7,770 which includes tax. For the past three years $10,000 has been set aside in a designated fund for such a purchase. Discussion followed and a question was raised on whether NDC4 is obligated to accept the lowest bid that meets the specifications. Motion 10-8-97-3 to approve purchase of the copy machine per staff recommendation provided city purchase guidelines are adhered to was made by J. Huber, seconded by L. Collins, and unanimously carried. Chair Tourville suggested staff keep a copy of the guidelines on file for future reference. J. Miller reported that she is currently investigating long-term disability as a personnel benefit for NDC4 employees. Cost for the benefit was included in the 1998 budget. Two bids were received for comparison purposes and brief discussion followed. Staff was directed to submit exact information concerning ages and incomes in order to receive actual quotes for 1998. Employees may be expected to pay some of the premium out-of- pocket and the portion paid by NDC4 would be evaluated annually. A question was raised on how to define part-time and full-time employees in order to avoid problems with discrimination . Chair Tourville suggested that a policy will likely have to identify the dollar amount per hours worked and establishing a type of cafeteria plan in order to maintain fairness among employees. Staff was directed to obtain policies from member cities to help in the research effort. J. Miller reported that staff can now generate a new budget -to -actual report for Commissioner review. She reviewed some of the numbers on the report and it appears the budget is on target with the exception of franchise fees which are greater than budgeted. The reports will be produced and distributed monthly. Staff will follow up on a bond that was canceled during the transfer last year to US West needs to be straightened out before the current transfer can take place. 9. Unfinished Business - J. Ista inquired when city video images will be put on the AJphaChannel bulletin board. J. Nfiller responded that staff is establishing a process to bring the images from video tape onto disk and into the interactive system and may 1-7 request some input from city staff. Chair Tourville inquired whether all four city staffs have been trained on how to use the new projector units. J. Miller responded that she thought training was being done, but will I Page - 4 NDC4 Executive Committee Meeting October 8, 1997 UNAPPROVED consult with the Government Coordinator to make certain. It was also suggested that the Government Coordinator go over procedures and policies from time to time with cablecasters to remind them what is expected of them as cablecasters and their responsibilities. 10. New Business - No new business was brought up for discussion. 11. Adjournment - Motion 8-6-97-4 to adjourn the meeting was made by J. Ista and seconded by M. Sokol. The meeting adjourned at approximately 7: 20 p.m. Respectfully submitted, Joy A. Cur -tin NDC4 Administrative Assistant and Recording Secretary Page - 5 i CITY OF MENDOTA HEIGHTS MEMO November 13, 1997 TO: Mayor, City Council, and City A for FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Amendment to the Joint Powers Agreement for Landfill Abatement Funding from. Dakota County Discussion Attached is the 1997 Amendment to the 1992 Joint Powers Agreement between Dakota County and the City of Mendota Heights for the annual Landfill Abatement Grant. The amount of the grant for the City of Mendota Heights for 1998 is $11,387. Council Action Required Acknowledge the award to the City of Mendota Heights of the $11,387 Dakota County Landfill Abatement Grant and authorize the Mayor to execute the agreement. DAKOTA COUNTY ENVIRONMENTAL MANAGEMENT DEPARTMENT 14955 GALAXIE AVENUE MEMORANDUM DATE: October 30, 1997 TO: Patrick Hollister, Mendota Heights y FROM: Michael A. Trdan, Environmental Managementv, BARRY C. SCHADE DIRECTOR (612)891-7011 FAX(612)891-7031 APPLE VALLEY, MINNESOTA 55124-8579 SUBJECT: Amendment to the Joint Powers Agreement for 1998 Funding Enclosed is your community's amendment to the 1992 Joint Powers Agreement (JPA) with Dakota County for landfill abatement funding in 1998. Please obtain the appropriate signatures on the attached Joint Powers Agreement amendment. You will need to obtain the signature of your Mayor and -City Clerk on this amendment or other appropriate officials. After you have obtained these signatures, please return this copy of the Joint Powers Agreement with the attached original grant application to me. I will arrange for the required County signatures and you will receive your city's copy of the amendment after it has been fully executed by the County. If you have any questions about the procedure or other concerns, please call me at 891-7021. Thank you for your prompt attention and assistance. Printed on recycled paper. 20% post -consumer }Is AN EQUAL OPPORTUNITY EMPLOYER V� • SIXTH AMENDMENT TO 1992 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR 1998 LANDFILL ABATEMENT FUNDS This Agreement is between Dakota County (hereinafter "County") and the City of Mendota Heights (hereinafter "Municipality"), through their Board and Council, respectively. WHEREAS, effective January 1, 1992, the County and the Municipality entered into a Joint Powers Agreement (hereinafter "Agreement") in order to provide for cooperation between the County and the Municipality to implement and operate a local comprehensive landfill abatement program; and WHEREAS, the Agreement was in effect from January 1, 1992; and WHEREAS, the Agreement has been amended five times to provide Landfill Abatement Funds for 1993, 1994, 1995, 1996 and 1997; and WHEREAS, on August 5, 1997, by Resolution No. 97-493, the Dakota County Board of Commissioners approved the 1-998 Community Funding Program for abatement activities in 1998; and WHEREAS, the parties wish to amend the Agreement to provide funding for 1998 to enable both parties to continue to enjoy the mutual benefits it provides; and WHEREAS, Paragraph 18 of the Agreement provides that any amendments, alterations, variations, modifications, or waivers shall be valid only when reduced to writing duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree that the Agreement is hereby amended as follows: 1. Paragraph 2 of the Agreement shall be amended to read as follows: 2. Term. This Agreement shall be in effect from January 1, 1998, and shall continue in effect until terminated in accordance with the provisions herein. This Agreement may be amended in accordance with paragraph 18, by the attachment and incorporation of subsequent years' approved funding applications. 2. Paragraph 3 of the Agreement shall be amended to read as follows: 3. Program. The Municipality shall implement and operate a local comprehensive landfill abatement program that substantially complies with the current program guidelines for Community Solid Waste Abatement Activities as approved by County Board Resolution No. 97-493. The Municipality must demonstrate that a recycling program is: currently in operation in its municipal buildings; that the program is consistent with the approved Dakota County Solid Waste Master Plan; and that the Targeted Community Program outlined in the Dakota County Recycling Implementation Strategy, as amended, is maintained. The Targeted Community Program for single-family dwellings includes at least bi-weekly recyclables collection using a recycling container. All multi -family dwellings also must have recycling containers available. Under both programs, newspapers, magazines, cans (food and beverage) three colors of glass, corrugated cardboard, and plastic containers with a neck must be collected for recycling, residential office paper and other such items as required by County Board resolution. The program must continue to attain a level of recycling of their residential waste stream that supports Dakota County's 1998 recycling goal of fifty percent (50%). Dakota County will determine the residential y g generation upon which this percentage is calculated, unless a community is able to 1.� measure its residential generation amount. Failure to achieve this percentage goal will 1 1 Z7 result in the requirement that a plan to increase recycling be submitted for Dakota County approval within 90 days of the submittal of the Community Annual Report. The Municipality shall implement the activities substantially as set forth in its 1998 Funding Application, attached as Exhibit 1, as approved by the County. The Dakota County Physical Development Director or his designee shall have the authority to approve modifications to the Municipality's program and funding as requested by the Municipality, as long as the amount payable under this Agreement does not exceed the amount approved by the County Board and so long, as the proposed modifications are consistent with the County's guidelines. 2 4 3. Paragraph 4 of the Agreement shall be amended to read as follows: 4. Payment Schedule and Annual Report. Upon receipt and approval of progress reports as prescribed by the County, the County will pay the Municipality the grant amount for administration and public education approved by the County Board for 1998 in two (2) equal installments on the following, dates: 1. February 1, of the grant year 2. August 1, of the grant year I C� The Municipality also may apply for a grant from the Innovation Fund. If approved I by the County, the Municipality will be eligible to receive an amount not to exceed 1 $6,000.00. Application must be made by September 1, 1998. I The amount payable in 1998 from the Innovation Fund shall not exceed $6,000.00. The Municipality will receive payment after providing, to the County a written report, at the conclusion of the Innovation Fund project, including documentation of expenditures. The- grant from the Innovation Fund, if awarded, must be expended on or before December 31, 1998, unless prior approval is given by the County. The written report must be submitted to the County on or before January 31, 1999. The total amount payable in 1998, *including possible Innovation Funds, shall not exceed Seventeen Thousand Three Hundred Eighty-seven and No/100 Dollars ($17,387.00). The Dakota County Physical Development Director or his designee shall have the authority to approve modifications to the grant so long as the proposed modifications do not exceed this amount and are consistent with the County's guidelines- and. the Municipality's request. By January 30 of the year following the grant, the Municipality shall submit its Annual Report in the form prescribed by the County. The County shall evaluate the Municipality's performance pursuant to this Agreement. The following evaluation formula shall be utilized: • Promotional Requirement, as outlined in 60 pts total the application and approved by the County • Educational Requirement, as outlined in 30 pts total the application and approved by the County • Focus Area Requirement, as outlined in 10 pts total the application and approved by the County 3 4. The remaining paragraphs of the Agreement, as amended by the First, Second, Third, C, Fourth and Fifth Amendments, shall remain in full force and effect until terminated in accordance with the provisions herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. Approved as to form: , kGjul 1 j 1.2 6 Assistant CouA0 Attorrfey/bate Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. 97-493 Dakota County Attorney's Office Dakota County Judicial Center 1560 West Highway 55 Hastings, MN 55033-2392 Telephone: (612) 438-4438 K/K97-286 COUNTY OF DAKOTA By Louis J. Breimhurst Physical Development Director Date of Signature CITY OF MENDOTA HEIGHTS By Date of Signature. Attest City Clerk Date of Signature CITY OF MENDOTA HEIGHTS MEMO November 12, 1997 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Dire SUBJECT AMB Private Water Main Agreement DISCUSSION: Paul Kaiser, the City's Fire Marshal required Opus Corporation to install several fire hydrants as part of their new office warehouse development located on Waters Drive (Gateway Commons). St. Paul Water Utility require's that the water lines feeding private hydrants be located within easements and be subject to the terms of an agreement between the property owner, St. Paul Water Utility and the City of Mendota Heights. A copy of that agreement is attached for Council review. RECOMMENDATION: I recommend that the City approve the attached private water main agreement, and that the Mayor and City Clerk be authorized to sign it. ACTION REQUIRED: If Council desires to implement the recommendation, they should pass a motion authorizing the Mayor and City Clerk to sign the attached Agreement. AGREEMENT THIS INDENTURE, Made this 1 o day of p c.To 0 F rL 1997 by and between APT MENDOTA HEIGHTS, INC., a Delaware Corporation, hereinafter designated as "Owner", the CITY OF MENDOTA HEIGHTS. a Minnesota Municipal Corporation, hereinafter designated as "Mendota Heights" and the BOARD OF WATER COMMISSIONERS of the City of Saint Paul, a Minnesota Municipal Corporation, hereinafter designated as "Board"; and WHEREAS, The Board during all times herein mentioned did and does manage, control and operate, pursuant to the Home Rule Charter of the City of Saint Paul, its water works and public water supply system primarily for the purpose of furnishing an adequate supply of water for industrial, commercial and domestic purposes to residents of the City of Saint Paul within its corporate limits, and incidentally to residents of the City of Mendota Heights for the same or similar purposes, pursuant to agreements by and between the Board and said last named City and ordinances of said City of Saint Paul and City of Mendota Heights germane thereto; and WHEREAS, The Owner owns the following described land situated within the corporate limits of said City of Mendota Heights in the County of Dakota. State of Minnesota, as described on Exhibit A. attached hereto and hereinafter designated as "Property" and has made application to the Board for water supply service to be afforded from the Mendota Heights public water supply system to the Property according to the rates and charges payable therefore by the Owner, its successors or assigns. to such municipality or the Board as the same may be established from time to time; and WHEREAS, Mendota Heights and the Board have made subsisting agreements, by and between them, germane to the extension of water service for the aforesaid purposes, from said N,('LERIC•V.JBOARD,.AGREEUNT,PRI\'.',1AINlXIENDHTS APTCORP 0'] - 1 public water supply system of said City of Saint Paul, by the Board, to said City of Mendota Heights and the residents of the same within its corporate limits, and such extension of water supply service has been and now is the subject of city ordinances germane thereto duly enacted by the City of Mendota Heights and said City of Saint Paul, this agreement to be deemed subject to said prior subsisting agreements and said ordinances. NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties, for themselves, their successors and assigns, do hereby mutually agree as follows: 1. The Owner does hereby convey and grant to Mendota Heights and the Board two perpetual water main easements in, under, through and over and across the following portion of the Property as described on Exhibit B attached hereto and hereinafter collectively designated as "Easement Area". 2. Mendota Heights and the Board do hereby grant permission to the Owner to construct, maintain and repair a private water main necessary for the furnishing of water service to the Property subject to the terms and conditions contained herein. 3. The Owner shall construct the private water main at its sole cost and expense, in strict accordance with approved plans and specifications on file with the Board, under the supervision and subject to the approval of the Board within the Easement Area described in Section 1. The Owner shall pay a deposit to the Board to reimburse the Board for inspection costs plus an administrative fee of $300.00. All service connections from the private main shall be constructed by the Owner at its sole cost and expense, in strict accord with plans and specifications approved and on file with the Board under the supervision and approval of the Board. N\CLERICAL\BOARDWGREEh1NT`3R1\T1AMtENDHTSIAPTCORP 972 2 4. All necessary maintenance, repairs, operation and/or replacement of the main and service connections shall be borne by the Owner at its sole cost and expense, in strict accord with plans and specifications approved and on file with Mendota Heights and the Board and subject to approval by Mendota Heights and the Board. 5. Mendota Heights and the Board, at the request of the Owner, or in case of default by the Owner in relation to the construction, reconstruction, maintenance, repair or operation of said private main, may enter upon the Easement Area and construct, reconstruct, maintain, repair or operate said private main for the aforesaid purposes of the same and all reasonable cost and expense thus incurred by the Board shall be chargeable by the Board to the Owner and shall become due and payable upon presentation of an invoice therefor; and if such charges are not paid when due, they shall become and constitute a lien upon the Property. In the event of nonpayment, the Board reserves the right to deny service. 6. The Board agrees to supply water service to the Property as the same have been or shall be developed for commercial purposes, subject to and in accordance with applicable rates or charges, rules and regulations as they are or shall be established from time to time by the Board. It is understood and agreed, however, that the Board undertakes to supply such water supply only in case the pressure in its mains is sufficient to enable it so to do, and the Board assumes no responsibility for failure to supply water resulting from acts or conditions beyond its control. 7. It is agreed by and between the parties hereto that this agreement shall be subject to water service rates, rules and regulations germane to the subject of this agreement now in force and hereinafter prescribed and promulgated by the Board or by Mendota Heights and further that N \CLERICAL\130ARDl4GREE\INTIPRI\TIAIN%NIENDHTS',APTCORP 972 - J there shall be and hereby is reserved to the Board and to Mendota Heights the right to change, revise, alter and amend such rates, rules and regulations as their discretion shall direct to the end that such rates, rules and regulations shall be reasonable. 8. No extension of the private water main shall be made without the prior written consent of Mendota Heights and the Board. All necessary service connection taps from the private water main shall be installed by the Board upon due application therefor on a form supplied by the Board and shall be installed by the Board at the cost and expense of the party requesting the same. 9. The Board reserves the right to shut off the water service when necessary for the extension, replacement, repair or cleaning of the private water main or apparatus appurtenant thereto, and the Board shall not be held liable for any damage occasioned thereby. 10. This agreement shall be binding upon the Owner, its successors and assigns. The Owner shall not assign its rights and obligations hereunder without first obtaining the written consent of the Board, which consent shall not be unreasonably withheld by the Board. In the event that the Owner desires to transfer its title to a portion of the premises described in Section 2 hereof, it is expressly understood and agreed that the Owner and transferees shall enter into an agreement by which the transferees shall agree to pay all or a proportionate share of the cost of maintenance and replacement of the private water main and further agree to assume all or a proportionate share of the responsibility and liability arising out of the operation, maintenance, use and repair of the main or service pipes. This agreement shall be in form as to be subject to the approval of the Board, and the Board shall be provided with an executed copy of the agreement. N \CLERICAL\BOARDWGREENINT\PRI\',\IAIN\NiENDHTS\APTCORP 972 11. The Owner, in consideration of its being supplied water by the Board, upon the terms and conditions herein outlined, shall comply strictly with all of the rules and regulations of the Board, and shall pay or cause to be paid unto the Board therefor according to all applicable rates and charges prescribed and promulgated therefor by the Board now in existence or as may be modified or amended, which are hereby incorporated by reference. The Board reserves the right to shut off the water supply for nonpayment of applicable water charges, and it is expressly agreed that such unpaid water charges and costs incurred by the Board pursuant to this agreement shall be and constitute a lien upon the Property. 12. The Owner, its successors and assigns, shall indemnify, defend and save harmless, Mendota Heights and the Board, its officers, agents employees and servants from all suits, actions or claims which shall arise from any injuries or damage caused by any break or leak in any service pipe, private main, other main or connection authorized by this agreement except those arising from the negligence of Mendota Heights or the Board that may occur from the Cp furnishing of a supply of water by the Board to the Owner, its tenants, successors and assigns or other persons, firms or corporations served and to be served by this private water main; and further, that the Owner, its successors and assigns, shall indemnify, defend and save harmless Mendota Heights and the Board against any claim, action or lawsuit brought against Mendota Heights or the Board, except those arising from the negligence of Mendota Heights or the Board, in connection with or as a result of the furnishing of such supply of water, by Mendota Heights or the Board, to the Owner, or other persons, firms or corporations served on the Property by such private water main or service connections. \CLERICAL130ARD\AGREEN1\T\PRIVIdA11 \fENDHTS\APTCORP 972 -5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreements as of the date first shown above. APT MENDOTA HEIGHTS, INC. By: Its: C.4Lr7,ec',a STATE OF ) ) SS COUNTY OF S�til ) A! fl17t(5Ce" The foregoing instrument was acknowledged before me this 1-3 day of ( , 199-7, by %2%`ri�7-,w T and the an of APT MENDOTA HEIGHTS, INC., a Delaware corporation, on behalf of the corporation. N %CLERICALXBOARDWGREE! INT%PRI4T1AIN%'tENDHTSWPTCORP 972 - U CITY OF MENDOTA HEIGHTS By: Mayor By: City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997, by and Mayor and City Clerk, respectively of the City of Mendota Heights, a Minnesota municipal corporation, on behalf of the Municipal Corporation. Signature of person taking acknowledgment NVCLERICAUBOARD\AGREENINTPRI\'NIAIN IENDHTSIAPTCORP 972 - 7 APPROVED: Bernie R. Bullert, General Manager BOARD OF WATER COMMISSIONERS Michael J. Harris, President Janet Lindgren, Secretary STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) FORM APPROVED: As stant City Attorney City of Saint Paul The foregoing instrument was acknowledged before me this day of , 1997, by Michael J. Harris, President and Janet Lindgren, Secretary of the Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment This instrument was drafted by: Name: Saint Paul Water Utility Address: 8 E. 4th Street, St. Paul, MN. N \CLERICAL\BOARD\AGPEEMNT\PRIVMAINNIENDHTS\APTCORP 972 8 COUNTERSIGNED: Joseph M. Reid, Director Office of Financial Services STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1997 by Joseph M. Reid, Director Office of Financial Services, City of Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment COUNTERSIGNED: Fredrick K. Owusu, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1997 by Fredrick K. Owusu, City Clerk of the City of Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment COUNTERSIGNED: Norm Coleman, Mayor, City of Saint Paul STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1997 by Norm Coleman, Mayor of the City of Saint Paul, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment N \CLERICAL\BOARD\AGREEb1NT,PRI\T1AI\\IENDNTS\.4PTCORP 972 9 EXHIBIT A PARCEL 1: The West 180.11 feet of Lots 1 and 2 of LEIKAY'S REARRANGEMENT OF LOTS 8, 11, 12, 13 AND 14, LEXAY'S ADDITION, according to the recorded plat thereof on file and of record in the office of the Register of Deeds of Dakota County, Minnesota. Torrens Certificate Number: 11221 PARCEL 2: A parcel of land in the West Half of Section 34, Township 28, Range 23, Dakota County, Minnesota, described as follows: Beginning at a point which is 428-43 feet South of the North line of U.S. Government, Lot 2 and 1002.03 feet East of the West line of said U.S. Government Lot 2; thence South parallel with the West line of said U.S. Government Lot 2 a distance of 895.60 feet to a point on the Northerly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company; thence deflect 105 degrees 12 minutes left a distance of 518.13 feet, along said right of way line, to a point; thence North, parallel with the West line of the above mentioned U.S. Government Lot 2 a distance of 906.67 feet; thence East, parallel with aforementioned North line of U.S. Government Lot 2 a distance of 109.35 feet to a point on Westerly right of way line of U.S. Trunk Highway, as now established; thence deflect left 131 degrees 09 minutes along said Westerly right of way line a distance of 166.01 feet to a point, which is 428.43 feet South of the North line of U.S. Government Lot 2 and 1502.03 feet East of the West line of said U.S. Government Lot 2; thence West, parallel with North line of said U.S. Government Lot 2 to the point of beginning, except the West 180.11 feet of -Lot 1 and Lot 2 of LEMAY'S REARRANGEMENT OF LOTS 8, 11, 12, 13, AND 14 OF LFMAYIS ADDITION, Dakota County, Minnesota. Abstract property. EXHIBIT "All EASEMENT SKETCH FOR.• r,2`ry OPL S CORPORA TION S. LINE OF THE N. 42&43 1► FEET OF GOVERNMENT LOT 2 �G NB9'J8'42 £ 24/.73 - v EAST •23.15-•, l PROPOSED WATER MAIN EASEMEN . �'�, i� quo (22.622 SO. FT.) POINT -A'-,, � n \2 \ SW'LY R/W UNE 30.43 \ OF S.T.H. NO. 35 N89'S4'18'E�: ='13.00 34.09 \ \ S89.13'49— \ c 49.21 fV ON O Y J W= N x W J W ~ z ya1 J ^_ 180.11 � v H t� ^ a . 2 lotT > ^I -T r' PROPOSED WATER MAIN EASEMENT �1- (5,926 SO. FT.) 1 r �' �✓ N0'54'36'W 15 L•V h 074 - \ 7•,•r 73 `C"1CAo reg.rs _n- '`S7�. ?S fie- - - 15.00 3'33'E A(* EE. ST se. ' PA1 A, r' PgGy ST pt,Ne OF - - �. r ' v • \�C OA, �R vtRpq p•. 0 100 200 ��VV EXHIBIT ..8.. `SCALE IN FEET t' - 0 EASEMENT SKETCH FOR OPUS CORPORA TION A 30.00 foot easement ov@r, under and across that part of Lot I, LEMAY'S RE -ARRANGEMENT OF LOT EIGHT (8), LOT ELEVEN (1 1 ). LOT TWELVE (12), LOT THIRTEEN (13) AND LOT FOLRTEEN (14), LEMAY'S ADDITION. according to the recorded plot thereof, and Government Lot 2 in Section 34, Township 28, Range 23, Dakota County, Minnesota. The centerline of said easement is described as commencing at the intersection of the south line of the north 428.43 feet of said Government Lot 2 and the east line of the west 1002.03 feet of sold Govemment Lot 2; thence South 0 degrees 14 minutes 17 seconds East, assumed bearing, along said east line of the west 1002.03 feet of Government Lot 2 a distance of 895.23 feet to the northerly right of way line of Chicago, Milwaukee. St. Paul and Pacific Railroad; thence South 74 degrees 56 minutes 25 seconds East along said northerly right of way line a distance of 333.75 feet; thence North 15 degrees 03 minutes 35 seconds East a distance of 15.00 fact to the point of beginning of the centerline to be described; thence North 74 degrees 56 minutes 25 seconds West a distance of 164.15 feet: thence North 0 degrees 54 minutes 36 seconds West a distance of 33.39 feet and said centerline there terminating. PROPOSED NORTHERLY WATER MAIN EASEMENT DESCRIPTION A 30.00 foot easement over, :under and across part of Government Lot 2 In Section 34, Township 28. Range 23. Dakota County. Minnesota. The centerline of said easement is described as commencing at the intersection of the south line of the north 428.43 feet of said Government Lot 2 and the east line of the west 1002.03 feet of said Government Lot 2: thence South 0 degrees 14 minutes 17 seconds East, assumed bearing, along said east line of the west 1002.03 feet of Government Lot 2 a distance of 257.59 feet; thence North 89 degrees 54 minutes 18 seconds East a distance of 34.09 feet to the point of beginning of the centerline to be described; thence North 0 degrees 05 minutes 42 seconds West a distance of 15.00 feet to a point hereinafter referred to as Point A"; thence continuing North 0 degrees 05 minutes 42 seconds West a distance of 91.54 feet. thence North 45 degrees 04 minutes 32 seconds East a distance of 157.13 feet; thence on a bearing of East a distance of 23.15 feet; thence South 44 degrees 34 minutes 07 seconds East a distance of 402.62 feet; thence South 89 degrees 13 minutes 49 seconds East a distance of 49.21 feet to Line "A" described below and sold centerline there terminating. The sidelines of sold easement are to be prolonged or shortened to terminate at said Line "A". Line "A" is described as commencing at the Intersection of the south line of the north 428.43 feet of sold Government Lot 2 and the east fife of the west 1002.03 feet of said Government Lot 2: thence South 0 degrees 14 minutes 17 seconds East, assumed bearing, along said east line of the west 1002.03 feet of Government Lot 2 a distance of 895.23 feet to the northerly right of way line of Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 74 degrees 56 minutes 25 seconds East along said northerly right of way line a distance of 518.13 feet to the point of beginning of Line "A ; thence North 0 degroe9 14 minutes 17 seconds West along a line drawn parallel with the west line of said Government Lot 2 a distance of 768.11 feet to the southwesterly right of way line of State Trunk Highway No. 55 and said Line A" there terminating. Together with a 30.00 foot easement over, under and across part of said Government Lot 2. The centerline of said easement Is described as beginning at said Point "A thence North 89 degrees 54 minutes 18 seconds East a distance of 30.43 feet and said centerline there terminating. We hereby certify that this sketch, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Doted this 12th day of August, 1997 SUNDE LAND SURVEYING, IN By. Edward H. Sunde. R.L.S. Minn. Reg. No. 8612 RECEIVED t -,1 ST. PAUL WATER UTILITY SECTION Ounde Land Sawveyinal tIIC. 9001 E. Bloomington Freeway (35W) EXHIBIT "B" B' � Blo (�2455 t 88 I M 420 (26-6 12 s- T/4 -n KrF 96.T190n9 DWG SHEET / OF 2 CITY OF MENDOTA HEIGHTS MEMO November 13, 1997 TO: Mayor, City Council and City Aator FROM: James E. Danielson, Public Works Directol! SUBJECT Appointment To The Position Of Maintenance Worker I, Street Department DISCUSSION: The City recently had Fred Pfieffer retire from the Utility Department. According to the Union Contract with Public Works, the City is required to first give existing employees the opportunity to transfer into vacancies. Rich Burrows then applied for and was selected to transfer from the Street Department. As a result of Rich's transfer, an opening now exists within the Street Department. Advertisement for the opening was placed in the Sunday Edition of the Pioneer Press and all other appropriate publications fulfilling the City's EEO obligations. There were 36 applicants that were graded, and the top ten candidates were interviewed. The interview panel consisted of Patrick Hollister, Tom Olund, Dave Sorby and myself. A 100 point scoring test was completed on all ten candidates and John Ambrose surfaced as our top finalist (application attached). John, in addition to meeting all the required qualifications for the position, will bring the added benefit of experience as a mechanic. This will fill the void left by Fred's retirement. Fred served as our backup mechanic. John is a very pleasant person who we all feel will fit in well with the other employees. His references all speak of him in glowing terms. His current employer says he will really hate to lose him, but wishes him all the best. I have contacted Mr. Ambrose and made an offer to him contingent upon three conditions; 1) Council approval; 2) Passing a pre-employment physical; 3) Passing a back- ground check. We do not have a large public works staff and the loss of any employee leaves us short handed. We are especially concerned now because of the onset of the snowplowing season. We are very anxious to have John begin as soon as possible. (He needs to give his present employer a two week notice). RECOMMENDATION: The Public Works interview panel unanimously recommends hiring Mr. John Ambrose as a probationary Maintenance Worker I employee for the Street Department to fill an existing vacancy. Conditions of employment for John will be governed by the 1997 Union Contract that is currently in force. ACTION REQUIRED: Review the qualifications of John Ambrose and then if Council desires to implement the recommendation, they should pass a motion hiring Mr. John Ambrose as Maintenance Worker I with the City's Street Department. John will serve a six (6) month probationary period as per the City's Labor Contract. nj City of �1 , I,i j Mendota Heights - Personnel Department, 1101 Victoria Curve, Mendota Heights, Minnesota 55118 APPLICATION FOR EMPLOYMENT We welcome your application for employment. It will be considered with others for the position you specify. Our policyis to provide equal opportunity in employment, and to prohibit discrimination on the basis of race, color, sex, creed, religion, national origin, age, marital status, disability, political affiliation, or status with regard to public assistance. This policy applies to full-time, part-time, and seasonal and temporary employment. Please furnish us with complete information. Your opportunity for employment maybe reduced if your application is incomplete. We encourage you to attach any additional information which you believe qualifies you for the position. Any materials submitted in support of an application are not normally returned. Do not submit an original document if it is your only copy. Applications must be received by the application deadline or must be postmarked at least one day preceding the deadline. LATE APPLICATIONS WILL NOT BE ACCEPTED. PLEASE PRINT IN INK OR USE A TYPEWRITER. `.TITLE OF POSITION FOR WHICH YOU ARE APPLYING: =: _;x; DATE] si?'=. 'x':'.' ....moi. << ;.�. a}., ;:a, _ _ _n`> :{�• '6•, - i.G,:y: F-,". _;.qr. �;,r'�"'. �+;."xJ •.i �; .�^�. .,!r.;`Y L''e .: t';y-x ''`i:��.; 'rr;_- ; 1�3 --.�'+:. - - — �fra� . r ' ^�-_ 'w��,_ :eek- .TF-' _ ...�s'.•„- :-i,•'._ %�,' A< - _ o"� � .�r'!�t:•'�.'�.Y�:.•. - .: ��,G ' d°rpq: �� _ �� � ;:= 1, .'^'-� ��r;+=r+at fi ,;�:'.�..- �:i"�•��.” _�b;`..w.;' �i_ ,g,:,; '�c•:;:'-.:`<''-� r _ i:�:';�-.�'se" .'i...::"t' -. .:5- _ PERSONAL INFORMATION AME fMbrdso, �d�� M � _U i c . Last j �, First I Middle ADDRESS 9 3 1y� (-� �- 5 a St PCL U l M/A Street City State Zip Code HOME PHONE NUMBER OTHER (DAYTIME) PHONE NUMBER May we contact you at work? W Yes E] No Are you over age 18? � Yes ❑ No If position involves driving, indicate Driver's License Number —5f (o_LG9-(3S Ate: I ► , V\A•QS j�j4. Class: JS EMPLOYMENT DESIRED Type of employment desired: Salarydesired: 11.q?, k2 May we contact your present employer? Full -Time❑ Part -Time Date Available: 9, ❑ Temporary/Seasonal Are you employed now? IN Yes ❑ No Yes ❑ No If NO, explain We you been previously employed bythe Cityof Mendota Heights? ❑ Yes E No Position(s) EDUCATIONAL INFORMATION Circle the highest grade completed: Grade School 1 2 3 4 5 6 7 8 Did you graduate from High School? High School College Post -Graduate 9 10 11 (Q or GED 13 14 15 16 MA MS PHD LIB Yes ❑ No Name of School:�Tba Name and location of college, university technical/vocational/business schools Cd�n T.0 �c�vho�r�-i Course of study ryt:e�- Pr # of years attended- �v ✓�o>� Did you graduate? .�s Degree received �A00:54603 MOLCi A. L - ketjOrleo-y�s LA a 1 v I A { List any relevant certificates, awards, correspondence courses, special courses, or special training you have taken: To be completed by applicants for ADMINISTRATIVE, PROFESSIONAL, FISCAL and CLERICAL positions only: Typing Ability? ❑ Yes F—] No Words per minute Business machine operation and experience. In addition to listing typewriter, 10 -key, dictaphone, etc., experience, please include specific information regarding any computer operating experience including specific software programs: t&65 6 MA %'C4 Asa L�cawsJ r%*aei? bo,-+ o f' t -6t"10*9A C�� ►-. 2� (�2c 2tILC� lv i --h c 12�c i ✓� Z CO J� SAY ctc,--� o . t lc�m U iVt rj , �12¢�u t �- a r 1 cL ''v" To be completed by applicants for LABOR/MAINTENANCE and SKILLED TRADE POSITIONS only: Trades learned, apprenticeships served, current licenses/certificates held: Capable of operating the following equipment: (,J2(j i Yl U id ,iyt.Q ✓� + l� e cL U 0 wa- 06 61 5 �CL r-c� X92- 1 S c�- ' � -�o v �s --�-r '�s t c� �,iv► p �-r�ac.ICs ,� eo_"� - I L � �-c..� CX-ci i 3 JOB RELEVANT VOLUNTEER OR UNPAID WORK EXPERIENCE Kind of Activity Work Performed # Hrs./Mo. I From I To EMPLOYMENT HISTORY Please give accurate, complete employment information for the past ten years. List your present or most recent experience FIRST. Attach additional sheets if necessary. Even if you have attached a resume, you must complete this section. Employer'sname: pcx,�-goY C/' po-C,&4 664 C6 Mv5k-N 1 Address: Length of employment is 6-nd S'r f A -U C vy\,e,) r! s! c 1 3/ 8 9 From: 1 ✓Y>� Phonenumber: cam-1100 Supervisor:ya'rU SA 0 Your title: „ ,,o-y�V j�•-Pr-es iC�NL Supervisors title: 6Per0-+10A5 % Q Principal responsibilities (be complete)�" ��tiYt�1Q�bW4, SJ�JtS ✓� :`.r.Q.c,� ►M.¢Mi� t QC�Jip,�ytW^�} �-�aGi �t�-� Y}na.� ✓l�2ha,�.�. month year To: 5'i +ka1q-0— modnth /y—ear Total: l� `� years months Hours per week: LIC) 'b -1 S hN 1Y�'t/��� Last salary. 1k19 hyJK- t9 YVJ�l lkl'T"�y�AYlt Number and type of positions you supervised: 3 +0 �o (0 00-4' CO2 L-) 6ko"2� Reason for leaving: -4111 2 +o 3 L a-bdr.e rs Employer's name: 6-G ��--Q��L() !fid Length of employment Address: �J �� W t y)5k,6k-j AoeJ 5+ QZJ I From: I l Fr Phone number. �-S� s� Supervisor: 15-P- L� Your title: YAC Y,�,2- Supervisor's title: yv 1,4 Principal A - Principal responsibilities (be complete):-PlOUVJ $ �OC4 oraya-i ioys Com}- -3ras5 t, df rJ-1Drv.P0(-C.-2.-t wd Number and type of positions you supervised: _ F. U : U ► r - To Total: monthyear s l F-? month ^ year years months Hours per week: as 4d SO Last salary. Valtta 6,/ job Reason for leaving: 'o�ej -kDr,-kiN;C.( C64 -9Q ?18?- b� Employer's name: Length of employment Address: From: month year Phone number: Supervisor: To: month year Your title: Supervisor's title: Total: years months Principal responsibilities (be complete): Hours per week: Last salary. .dumber and type of positions you supervised: Reason for leaving: Employer's name: Length of employment Address: From: month year Phone number: Supervisor: To: month year Your title: Supervisor's title: Total: years months Principal responsibilities (be complete): Hours per week: Last salary - Number and type of positions you supervised: Reason for leaving: CONVICTION INFORMATION The existence of a criminal conviction record will not automatically disqualify you from employment with the City, though cer- tain types of criminal convictions mayprohibit you from working in certain positions. Before any applicant is rejected on the ba- sis of a criminal conviction, he/she will be notified in writing and will be given any rights to processing of complaints or grievances afforded by Minnesota Statute Chapter 364. Have you ever been convicted as an adult for a crime which has not been annulled, expunged, set aside, purged or sealed by a court? ❑ Yes ZI No If YES, please explain: ,...v.. '..._. .- n ormation requested_ on.your apphcatio•n that is defined bgC apter Minnesota Statutes as pu Itc maybe released on re=`"` ,quest and includes: job history,:education and training, re test`scores, and work availability. If you are selected as a`final .ist foi'aYpositian, your name`wili become public information: -Other information will be considered private and will be'used .' ;6nlyin conjunction with your possible employmeni.`Onlyauthorized citypersonnel with a need to Yeviewthis data•will have access to uit READ AND SIGN' I authorize investigation -of all statements contained in this application for employment as maybe necessary to arrive at an em- ployment decision. I certify that all answers to the above questions are true and understand that any false information on or omission of information from this application (including any additional information required for public safety applicants) may be cause for rejection of this application or termination of employment without notice or benefits: Applicant's Signature ' Appform 9/1/95 Date EQUAL OPPORTUNITY EMPLOYER Personal Resume JOHN D. AMBROSE 526 Winslow Avenue Saint Paul, Minnesota 55107 Home phone: 222-5156 SS#: 473-74-6195 SYNOPSIS OF SKILLS & ABILITY A dedicated and enthusiastic worker with the ability to trouble -shoot numerous mecanical problems in a maintenance setting. A person who takes pride in a quality finished product. EDUCATION Humboldt High School high school diploma Dakota County Technical College meat process certification Saint Paul Technical College steam power engineering EXPERIENCE March 1989 to Present Padelford Packet Boat Company Incorporated Harriet Island Wharfboat Office Saint Paul, Minnesota 55107, phone # 612-227-1100 Duties progressed from crew member to maintenance of equipment & facilities, which required skills in welding, fabricating, plumbing, and construction. Current standing is Riverboat Pilot & Maintenance Worker. February 1993 to April 1993 Twin City Storm and Sash (Company Closed) 10825 Greenbriar Road, Minnetonka, Minnesota 55343 Duties included aluminum and steel siding, sofit and faschia installation. January 1988 to August 1988 Self-employed Plowed snow, cut grass. Drove trucks & bobcats. August 1984 to January 1988 Little Canada Unocal 76 300 East Little Canada Road Little Canada, Minnesota 55117 Duties included the repair & servicing of customer vehicles, operation of tow truck, building & grounds maintenance, & snowplowing. LICENSES Minnesota Commercial Drivers License with airbrake endorsement. United States Coast Guard One Hundred Ton Master of Western Rivers and Tributaries. VOLUNTEER WORK Dodge Nature Center Care & feeding of animals REFERENCES Robert Harrell (friend of family) Executive Officer of Adult. Release Minnesota Department of Corrections phone # 612-1278105 HOBBIES bow -hunting, welding Michael J. Crnobrna Development Coordinator City of Burnsville 100 Civic Center Parkway phone # 612-895-4546 Lloyd DeMares Toro Company 2183 Clark Street Maplewood, MN 55117 phone# 612-774-4409 CITY OF MENDOTA HEIGHTS MEMO November 12, 1997 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Direct ';�6j SUBJECT Lilydale Storm Water Inspection DISCUSSION: Councilmember Bill Hankee from Lilydale recently met with me to discuss the possibility of having a Mendota Heights Maintenance Worker check and maintain two of their storm water manholes in the spring, the fall and after major rainfall events. We performed a practice run and found that under normal circumstances that it would take between one and two hours. Based on our trial run, I feel that it would be reasonable for Mendota Heights to provide this service to Lilydale. I propose that we charge Lilydale for a minimum of two hours work to complete the check, and then on an hourly basis if more work is required. A fair price per hour for the work including salary benefits and use of a truck for transportation would be $40/hour. I submitted the attached proposal to Lilydale and they have responded (letter attached). I recommend that City Council authorize the Mendota Heights Utility Worker to perform scheduled routine maintenance at Lilydale's two storm water manholes where their storm water goes over the bluff, for $40 per hour. (This cost would be adjusted annually based on salary increases). ACTION REQUIRED: If Council desires to implement the recommendation, they should pass a motion authorizing Utility Worker, Rich Burrows, to perform storm water maintenance for Lilydale as proposed in my letter of October 15, 1997, subject to annual increases based on salary increases. City of .�,JA Alendota Heights October 15, 1997 Bill Hankee 1101 Sibley Highway St. Paul, MN 55118 Mr. Hankee: At your request, on October 10, 1997, I had Mr. Tom Knuth complete a trial run of the storm water maintenance items that you desire Mendota Heights workers to complete for Lilydale. Tom performed four inspections as follows: 1. Removed the manhole cover and inspected the river bluff drop structures (Storm Water Project #2). 2. Removed the manhole cover, inspected and cleaned the drainhole at the bottom of the energy dissipator structure by RiverRain (Storm Water Project #1). 3. Inspected the 36" inlet at Lexington Court Townhomes. 4. Inspected the catch basins along TH 13. All the inspections resulted in little or no maintenance work and took less than two hours to perform. If we have Mendota Heights' Utility Leadworker perform the work in the future, it would result in an $80 bill per time. The only concern I have with Mendota Heights workers performing work for Lilydale, is any liability involved. Both cities have LMCIT as their insurance provider, so if Lilydale would have the City of Mendota Heights listed as a named insured for performing this work, that concern should be addressed. If you are interested in having Mendota Heights provide the above stated services for the price of $40 per hour, please send a letter of request to me and I will obtain City Council authorization. Sincerely, James E. Danielson Public Work Director 1101 Victoria Curve • Mendota Heights, MN - 55118 (612) 452-1850 • FAX 452-8940 (pity Of aeity&te on cuo CiM88 ssippi 5 November 3, 1997 James E. Danielson Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights MN 55118 Dear Mr. Danielson, Re your letter to Councilperson Hankee on October 15, 1997: The City of Lilydale would like you to perform the tasks outlined in your letter at $40.00 per hour. We have contacted our insurance agent and your workers will be covered as per your request. Thank you for your cooperation in putting this program in force. Sincerely, f4� Bernard eitzman, C Cler urer 855 SIBLEY MEMORIAL HIGHWAY / LILYDALE, MINNESOTA 55118 / (612) 457-2316 CITY OF MENDOTA HEIGHTS MEMO November 13, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Metropolitan Council Comprehensive Plan Grant Discussion The Metropolitan Council has awarded a $7,410 grant to the City of Mendota Heights for work on our Comprehensive Plan. This grant is distinct from the $15,000 matching grant already awarded the City for work on MNRRA issues. Unlike with the MNRRA grant, there is no requirement that the City match this grant with an equal contribution, although there is a requirement that the grant constitute no more than 75 percent of the total cost of revising the Comprehensive Plan, which in Mendota Heights' case is not a concern. Mendota Heights applied for the total amount available for any City, $20,000. Staff recognized that we may receive less than the total requested, since the Metropolitan Council indicated that communities that were expected to have the highest degree of growth and redevelopment over the next 20 years would have funding priority. The amount of the grant awarded, while falling short of the amount requested, still constitutes a significant contribution toward the total cost of revising the Comprehensive Plan. Please see the following attached materials: 1. Resolution 97-46 authorizing Staff to apply for the grant 2. Cover letter from the Met Council to Staff dated August 21, 1997 3. Cover letter from the Met Council to Staff dated November 6, 1997 4. Request for Taxpayer Identification Number and Certification 5. Metropolitan Council Local Planning Assistance Program Grant Agreement Council Action Required Acknowledge the award to the City of Mendota Heights of the $7,410.00 Metropolitan Council Local Planning Assistance Program Grant and authorize the Mayor to execute the agreement. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- 46 A RESOLUTION AUTHORIZING STAFF TO APPLY FOR A 520,000 METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT - WHEREAS, Minnesota Statutes Section 473.851 requires local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and staged development and with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.854 and 473.867 authorize -the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473-867 authorizes the Council to give funding to local units of government to review and amend their local-comprehensive-plT5scal devices and official controls; and 4�_. z fi WHEREAS, The City of Mendota Heights would be greatly helped by a planning assistance grant of $20,000 to complete comprehensive planning activities. - NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that City Staff is hereby authorized to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the City's comprehensive plan; BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a certified copy of this resolution shall be submitted with the Plapning Assistance Grant application. Adopted by the City Council of the City of Mendota Heights this 5th day of August, 1997. ATTEST: Kathfeen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By q- 4 - Charles E. Mertensotto, Mayor Metropolitan Council Working for the Region, Planning for the Future August 21, 1997 Patrick C. Hollister 1101 Victoria Curve Mendota Hights, MN 55118 Re: City of Mendota Heights Planning Grant, Application #37105 Dear Patrick C. Hollister: We are pleased to inform you that your grant application for local planning assistance has been reviewed by staff. At this time, we estimate that your community will be awarded a grant of no less than $7,410. If additional funds become available at a later time, they will be distributed among applicants not receiving their total requested amounts. If your community has continued funding needs, please be advised that a substantial pool of funds is available for interest- free loans. Please contact your sector representative for more details. The Council will execute a grant agreement that will address the funding disbursement schedule, progress reporting requirements, accounting and records, audit procedures and grant amendments as well as the authorized use of funds. Activities eligible for funding may include staff pay, consultant and professional services, printing and publishing. Activities not eligible for funding include per diem payments to appointed or elected board or commission members and equipment purchases. If you have not forwarded your formal resolution authorizing application to the Metropolitan Council for planning assistance grants, please do so by August 29, 1997. We look forward to working with you as you continue to develop your comprehensive plan. Please contact your sector representative, Carl Schenk, at 602-1410 for any other questions regarding the grant or loan application assistance. Sincerely, Thomas C. McElveen, Deputy Director Housing, Development and Implementation cc: Richard Thompson Carl Schenk L. O'Connor 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer Metropolitan Council Working for the Region, Planning for the Future November 6, 1997 Patrick C. Hollister City of Mendota Hgts. 1101 Victoria Curve Mendota Hights, MN 55118 RE: SG97196 Dear Patrick C. Hollister: Enclosed are two copies of the above noted grant agreement. Please have each copy signed by the authorized official and return both copies to me for execution. A copy of the signed agreements will be returned to you for your file after they have been executed at the Council. If you require additional lines for signatures, feel free to add them. In addition, we need a completed copy of the enclosed W-9 IRS form. Please enclose this with the signed grant agreements. Sincerely, Linda Walker Sr. Finance Clerk 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/ -M 291-0904 Metro Info Line 229-3780 An F.qunl Oppornadly Emploller Form W-9 Request for Taxpayer Gim1on:lotattm �« � Identification Number and Certification sed M T V"Tw sw"= None (tt joust stimez, fist first arra aide eu !+stns of the baton or MW WhM moo" you taut in Pan I WOW. Ste WAtractlosu rK lupe 2 it yew thaw fns bailec) susiri= name (See procxietoa see rixtrtictions on cage 21 o` c Q. Please Check saprar MW bolt ❑ kufivdua Sole pmonetor �j Corporation ❑ P_ 10 ❑ CUxr ► ....--------------- ------------ wAddress fhxxsiaer, street and apt or -at no.) PWQue$W3 name a+a.addrien loptiocnq a- 4 city. st1w ecru ZIP cads Enter your TIN in the appropriate box. For individuals: this is your social security number (SSM. For sole proprietors,, see the instructions on page 2. For other entities. it is your employer identification cumber (EIM. If you do not have a number, see How To Get a TIN below. Note: X the account h in motet than one netne, see fYne risen on page 2 for guideriihe s on whose numbw to enter. i3R �ider+dfStxttian nurtiber List account nwroertsl hers foptio * For Payeea E=0 Fmm BackW Wttttt okkq (Sea Part K instntctiotts on owe a Certf>'�atiaer ,t Order vi+ f Y a •.. !il flQ /.Y�� f�! �!!fA E�LC hStitvZY tk .JAth d" numbernumber1Y1> tx� rY S lttC r w....t.+r +..t�...•+�r �. The sturmron V*Morm is my correct t LVctw fdentltfcmdm MxTtur¢or.1 am wailkV for a numbec to be 2. f am'not subject to backup M because (a) I am exempt ttoms backup wittitiokiing, or (b) I Have not Hoeft aatlMd by #"w tstenseit Revenue Service *tat I am subject to backup withtwfdinq as a result of a faiiture to report alt interest or dividends, or W10110 fres ftotftied me that 1 am no kxnger subject to backup withtiold"ang. ir"eatlon tnstruclioris. You must Crass out item 2 above it you Have been notified by the IRS that you are currently subject b backup ttitafding because of undeneporting interest or dividends on your tax return. For real estate transactions. item 2 does not apply. For M0d9a9e _4etest paid, the acquisition or abandonment of secured property. cancellation of debt contributions to an individual rearemwtt UnINIVernattt ORA), and generally Payments other than interest and dividends. you are not required to sign the Certification, but you must provide your Correct nN. (Atte see Part tit InStuctlons on page 2.) Sign Here Wgiristwe b - Section tetferences .ata to bhe Internal , Revenue Code, Purpose of Forth.—A person who is required to file an information return with the IRS must flet your correct TIN to report income paid to you. real estate transactions. mortgage interest you paid. the acquisition or abanrdorurvant of secured Itoperty. cancellation of debt. or carttributiorrs you made to an IRA Use Form W-9 to give your cornett TIN to the requester (the person requesdrlg your TIM and, when applicable. (1) to certify the TiN you are giving is correct (or you are waiting for a number to be issued). (2) to certify you are not Subject to backup withholding, or 43I to claim exemption from backup withholding if you are an exempt payee. Giving your correct TIN and making the appropriate certifications will prevent certain payments from being subject to Zacxuo withholding. `tote: it a recuester gives you a form other in a W-9 to request your 77N, you must a the requester's town of it is suostantratty urnaar to this Form W-9. Wast as Backup Withholding? --persons •'nax" cenatn oayments to you must .vrthhod and pay to the IRS 3146 of such pates 0. patymerits under certain cyondttia'is. This is caged `backup wWtwkkXp' Payments that could be subject to backtip withhoiding include interest. dvkiernda, broker and barter tracmwbons. rents. myattieau. nonernFl+o — pay. and cat in payments Brom fisc* boat operators. Real estate bavoctions are not subject to backup withhok". if you give the requester your correct TIN. make the proper certifications. and report an your taxable interest and dividends on your tax return. your payments will not be subject to backup withholding. Payments you receive will be subject to backup withholding it. 1. You do not haTush your TIN to the requester. or 2 The IRS tells the requester that you .furnished an incorrect TiN. or 3. The IRS tells you that you are subject -a bacxub withholding because you Did not -econ ail your interest ane dividens on your tax return tfor reportable interest and dividends onlvl, or 4. You do not certify to the reouester ;hat you are not subject to backup withhold" under 3 above tf(x reloonable interest and dividend accounts opened after 1983 only). or S. You do rat Certify your TK See the Part Irl instructiOMI for axcapdoris. Certain payees and payawntwars exempt from backup wWftk*V srnd- information reporting. Sara Cha Pad M insttu,� and the 3ep6r*Wk=trvcd00ss for the Requester of Firm W* - How To Get a TIN.—d yes do not ha' e a nN. apply for one krdY ern $6WY• To appty, get Form SS -5, Appy for a Sock Security Numoer Card (for kxtvkkMIs). iron your local office of this Social Security Adm'inistratuort, or Form BSA Application for Employer Idenfificatlon NunIbef(tor businesses and ail other entities). from your local IRS office. if you do not have a TIN, write "Applied For" in the space for the TiN in Part 1. sign and date the form, and give It to the requester. Generally. you will then have 60 days to get a TIN and give It to the requester. if the requester does not receive your nN within 60 days. backup withholding. it applicable. wtif begin x -rd continue until you hurncsrn yotx TIN. Grantee: CITY OF MENDOTA HEIGHTS Grant No.: SG -97-.196 Amount: $7,41.0.00 End Date: December 31, 19.98 METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the metropolitan -area governmental unit identified above as "Grantee." WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning assistance fund for the purposes of making grants and loans to local governmental units to assist local governmental units in the seven -county metropolitan area conduct and implement comprehensive planning activities, including the review and amendment of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, pursuant to Minnesota Statutes section 473.867, subdivision 4, planning assistance grant funds shall not exceed seventy-five percent of the total costs and expenses of the project, service or activity for which the grant is awarded; and WHEREAS, in May 1997 the Council issued its Metropolitan Council Local Planning Assistance Grant Guidelines and solicited applications for local planning assistance grant funds; and WHEREAS, the Grantee is a city or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is a metropolitan -area city, town or county acting in partnership with cities or towns which was authorized to submit a joint application and execute this grant agreement on behalf of the partnership; and WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to fund eligible comprehensive planning activities identified in the application. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this grant agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Comprehensive Development Guide" means the comprehensive development guide for the seven -county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145, and the policy plans and other components of the development guide adopted by the Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint adopted by the Council pursuant to Minnesota Statutes section 473.145. (b) "Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes sections 473.858 through 473.865, including those provisions in section 473.859 which require housing elements and housing implementation programs. (c) "Metropolitan Land Planning Act of 1976 " means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections 473.851 through 473.871, as amended. H. GRANT FUNDS 2.01 Grant Amount. The Council will provide to the Grantee the "Grant Amount" identified at page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible activities. Any reduction or termination of the match amount required under paragraph 2.02 may result in a like reduction in the Grant Amount. 2.02 Seventy -Five Percent Limit. The Grant Amount provided to the Grantee under this agreement may be used to pay up to seventy-five (75) percent of the total costs and expenses of the projects, services and activities described in the Grantee's work plan and budget. The Grantee shall match the Grant Amount received from the Council on at least a one -for -three basis. The matching funds may include in-kind work or cash and shall be identified in the work plan budget and in the progress reports required under paragraph 3.01. 2.03 Authorized Use of Funds. The Grant Amount provided to the Grantee under this agreement shall be used only for the purposes and eligible activities described in the Grantee's work plan and budget as approved by the Council. A copy of the Grantee's approved work plan and budget is attached to and incorporated into this agreement as Attachment A. Eligible activities are outlined in the May 1997 Metropolitan Council Local Planning Assistance Grant Guidelines and include, but are not limited to, staff pay, consultant and professional services, printing and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property or for activities inconsistent with the Council's Comprehensive Development Guide, the Metropolitan Land Planning Act of 1976, as amended, Minnesota's Critical Areas Act of 1973, as amended, or other applicable state laws. The Grantee agrees to promptly remit to the Council: any unspent grant funds; any grant funds which are not used for the authorized purposes specified in this paragraph; and any interest earnings described in paragraph 2.05 which are not used for the purposes of implementing the work plan activities described in Attachment A. 2.04 Disbursement Schedule. Within thirty (30) days after final execution of this agreement, the Council will disburse to the Grantee ninety (90) percent of the Grant Amount. The ten (10) percent amount withheld will be disbursed to the Grantee upon completion of the work plan activities and receipt of the final progress report described in paragraph 3.01(b). 2.05 Interest Earnings. If the Grantee earns any interest or other income from the Grant Amount received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the work plan activities described in Attachment A. -2- III. REPORTING, ACCOUNTING AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Council's authorized agent a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the Grant Amount made available under this agreement is appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a summary of the work plan activities undertaken and completed to date; a summary of work plan activities to be accomplished during the remaining months of the work plan; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of project costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written final progress report which includes: a summary of the work plan activities undertaken and completed since the submission of the midpoint progress report; a summary of project outcomes, costs and sources of funds for those expenditures; and a list of itemized expenditures of the Grant Amount received from the Council and matching funds by category in the budget. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved or until the end of the regular three-year period, whichever is later. The Grantee will keep proper financial records and other appropriate documents sufficient to evidence the nature and expenditure of the match funds required under paragraph 2.02. 3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee and accounting shall be in accordance with generally accepted government auditing standards covering financial and compliance audits. The accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any time by individuals or organizations designated and authorized by the Council or by appropriate state or federal agencies, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council's authorized agent for purposes of administering this grant agreement is Terrence Kayser, or another designated Council employee. The written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: SCM Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This grant agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement pursuant to paragraph 4.03, this agreement will expire on the "End Date" identified at page I of this grant agreement, or upon completion of the work plan activities described in Attachment A and submission of the final progress report required under paragraph 3.01(b). 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. Termination of this agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement, the Council may take any action to protect its interests, may refuse to disburse additional funds and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this agreement by written mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state and local laws. 5.05 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance provided by the Council in promotional materials, reports, publications and notices relating to the project activities funded under this agreement. 5.06 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this agreement and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to form: METROPOLITAN COUNCIL Associate General Counsel Thomas C. McElveen, Deputy Director Housing, Development and Implementation Community Development Division Date: GRANTEE IM (Signature of Authorized Representative) Name: Title: Date: By: (Signature ofAuthorized Representative) Name: Title: Date: COWGRNT.DOC 10/97 -5- ATTACHMENT A Grantee's Work Plan and Budget This Attachment A comprises this page and the Grantee's work plan and budget as approved by the Council. M B. Time Schedule and Milestones Notes: 1. Timeline is proposed for June 1997 - December 1998 2. * indicates milestones Review, refine and update overall goals and policies PCICC updates ■i■��O�iiiiii�■■u Neighborhood Meetings SecondWorkshop loss Review ordinances Review with Met Council ■u'n ■�■Nni�� Notes: 1. Timeline is proposed for June 1997 - December 1998 2. * indicates milestones 11 11;01 NAS 01Z 40Z OV4U MWIVULA nrLUnia BUDGET FOR COMPREHENSIVE PLANNING PROCESS Revenues: NWRRA Grant $15,000 Comp Plan Grant (non-MNRRA) $20,000 NdNRRA Match from City $15,000 City Budget for Consultant (non-M14RRA) $ 7,500 Anticipated Staff Time and Misc. ExR. (non-MNRRA) $20,000 Total $77,500 Expenditures: NfNRRA Expenses $30,000 Ng-n---MNRRA Expenses $47,500 Total $77,500 CITY OF MENDOTA HEIGHTS MEMO November 14, 1997 TO: Mayor, City Council and City Administrator FROM: Guy Kullander, Parks Project Manager SUBJECT: Landscape Improvements to North Kensingotn Park DISCUSSION: On September 2, 1997, City Council awarded a contract to R.L. Reynolds Construction to make landscape improvements at North Kensington Park. The improvements consisted of enlarging the existing pond, constructing berms with native tree and shrub plantings, installing pond edge plantings and native grasses and wildflowers. All of the work is substantially complete except for the installation of seventeen (17) trees that will be installed next spring. These are various tree species that survive best if planted in spring rather than fall. PAYMENT REQUEST: The contractor has submitted a claim for the work completed to date in the amount of $37,588.60, which is on the current Claims List. This claim plus the anticipated billing for the spring plantings will be below the approved contract amount of $40,116. Funding for this project is from the Special Park Fund. ► No action is required. This memo is for information only. r RL REYNOLDS CONTRACTING LAND';;"-- A PE DESIGN BUILD TO: City of Mendota Heights RE: N. Kensington Park Billing Schedule I: Pond excavation, Berms, Topsoil and Stone 1. Excavation $6,388.00 2. Silt Fence (300 linear) $ 525.00 3. Excavate Sign/Garden $ 575.00 4. Select Topsoil in place 143.00 yd. $2,431.00 5. Move/Place limestone Blocks $ 575.00 TOTAL SCHEDULE 1: $10,494.00 Scedule II: Pond Edge Plants and Native Grass Seed 6. 900 sq yd. Native Grass/Forb Seeding $1,665.00 7. 500 sq yd. Pond Edge Plants $4,600.00 TOTAL SCHEDULE 11: $6,265.00 Schedule III: Sod, Seeding, Shrubs, Trees, Edging and Mulch 8. 325 sq yd. sod $ 861.25 9. 3,200 sq yd. Turfgrass Seeding w/Mulch $2,624.00 10. 1,140 linear ft. Poly Edging $1,995.00 11. 1,600 sq yd. Mulch $5,115.00 12. 400 Deciduous Shrubs 2' $7,800.00 13. 3 61 Jap. Lilac Tree $ 315.00 14. 4 6' Am. Plum $ 400.00 15. 7 6' Har.Gold Crab $ 553.00 16. 3 61 Prairiefire Crab $ 237.00 18. 3 111 Hackberry $ 252.00 22. 2 1" Am. Linden $ 200.00 23. 2 1.25" Honeylocust $ 294.00 25. 3 1.5" Aut. Blaze Maple $ 615.00 26. 5 6' Quaking Aspen $ 235.00 27. 2 6' Willow $ 84.00 TOTAL FOR SCHEDULE 111: $21,580.25 SUM OF ALL SCHEDULES/TOAL BILLING $38,339.25 �A 8580J\Jv( -i i ic. A*,Y,,'*,':i it, ', li!vc;r C;1-o\.'e 1 636-8466 - Fax: 686-8489 u.i, Ct •MI �� ��'` RL REYNOLDS CONTRACTING fi. Eli ` tp LA N DS'C APE DESIGN B U I LD SCHEDULE FOR SPRING 98' 1 1" Hackberry 2 6' Thornless Hawethorn 6 1" Burr Oak 3 1" Swamp White Oak 3 1" White Oak 2 1.5" Red Oak TOTAL COST SPRING 98' $ 84.00 (not on takeoff) $ 176.00 $ 750.00 $ 300.00 $ 375.00 $ 440.00 $2,125.00 -IN EXCHANGE FOR THE FIBER MAT UNDER THE MULCH, R.L. REYNOLDS AGREES TO MAINTAIN THE BERM AREAS OF N. KENSINGTON PARK FOR 1 YEAR. THIS WILL INCLUDE A PRE -EMERGENT OF TREFLAN IN THE SPRING, AND THE SSE OF GLYPHOSPHATE DURING SUMMER INTERVALS. PLEASE NOTE THAT THERE WAS EXTRA MULCH INCLUDED TO GIVE A 4"-5" BASE. (NO EXTRA CHARGE) 8580 lAlvl::rn- -,\v,_,„i ir . • !i tv',rt Giovi: 686-8466 • Fcc: 686-8489 November 18, 1997 To: Mayor and City Council From: " Kevin Batchelder, City Administrator Subject: Revised Drafts of Police Chief Position Profile and Advertisement 19 Attached are revised drafts of the Position Profile and the advertisement for the Chief of Police position. These revised drafts are being presented to you this evening with an update that includes additional language regarding the background investigation, credential and reference verification and physical testing that the final candidate will have to pass. Mayor Mertensotto has suggested these additional changes for Council consideration following his review of this material. These changes are wholly appropriate. new language that is being suggested is shown in" reiilon both the Position.r4 :. Profile and the advertisement.' (Please see attached.) �. ' ACTION REQUIRED If the City Council so desires, they should pass a motion approving the proposed job profile and revised job description and authorizing staff to begin recruitment of the position. DRAFT The Position Profile In filling the position of Police Chief, the Mayor and City Council are seeking a person with demonstrated commitment to the highest ideals of public service and professional law enforcement. The Police Chief performs a variety of complex administrative, supervisory and professional work in planning, coordinating and directing the activities of the Police Department. The ideal candidate for Police Chief will: * have a high degree of personal and professional integrity; and * possess strong oiganizational and management skills; and * have experience in progressive community policing practices; and * have experience in effective community relations and possess effective communication and interpersonal skills; and * have proven leadership skills in crime prevention and law enforcement that commands the respect and confidence of the department personnel and the citizens at all times. The specific qualifications and skills required for this position are listed in the attached job description. The position profile also lists responsibilities of this position. } 1997 Salary Range: $48,000 - $60,860 $1,440 auto allowance plus an excellent benefit package Anticipated Start Date: - February 1998 Application: City application form Resume and Cover Letter Three references . Applications will be submitted to: Kevin Batchelder, City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 Application Deadline:Decemberer31 X1997 Final":Candidate Must;Pass Background= nI vestigation Creden idl -and; Reference:Yerification Physic"la .Nesting The City of Mendota Heights will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. To obtain this information in alternative forms such as braille, large print, audio tape, or qualified reader, please contact the City of Mendota Heights. CHIEF OF POLICE DRAFT CITY OF MENDOTA HEIGHTS, MN The City of Mendota Heights (pop. 11,000) , a stable,/, g suburb located in (V2� Dakota County, MN, is seeking a new chief of police. Qualifications are 10 years of progressively responsible experience in a law enforcement agency of the same size, or larger than the Mendota Heights Police department, including supervisory experience, a bachelor's degree from an accredited college or equivalent experience. Position requires commitment to community and service oriented policing, effective communication and management skills, and demonstrated leadership skills. Must be Minnesota P.O.S.T. licensed or have ability to obtain. Salary range is $48,000 to $60,860. All candidates will submit resume and city application to City Administrator, 1101 Victoria Curve, Mendota Heights, MN 55118 by deadline of Dec. 31, 1997.P -Final ;candyate: must�nas as back round invesli afton�:cte. en i drrefer cne e erifion a_d a_p1ysical. To obtain an application package and position profile, contact 452- 1850. xThe City of *endota Heights is an EEO/AA employer. CITY OF MENDOTA HEIGHTS MEM November 14, 1997 To: Mayor and City Council From: Kevin Batchelder, City Adminlstra Subject: Police Chief Job Description and Advertisement At the November 4, 1997 meeting, the City Council reviewed the draft Police Chief Profile. At that time, the City Council expressed a concern about the Police Chief's job description and expressed a desire to review the ads that would be placed to advertise this position opening. With respect to the established Police Chief Job Description, the Council was concerned about a provision in the section on Minimum Training, Experience and Education that stated, "a minimum of 180 college credits in law enforcement related .subjects or the equivalent." Without more definition, it was unclear what standard, or threshold, "180 college credits" was intended to achieve. At Council's direction, a new standard is being proposed that would read "Bachelor's degree from an accredited college or university or equivalent experience." (Please see attached draft Police Chief Job Description.) In addition, to be consistent with the standards required in several neighboring communities, it is proposed that the possession of a valid Minnesota Class C -O drivers license be included as a minimum requirement of the job. Also attached is a proposed job advertisement for City Council's review. It is proposed that this position be advertised state wide through placement in the Star Tribune, the Pioneer Press, the SouthWest Review, the League of Minnesota Cities Bulletin, and the Minnesota Chiefs of Police magazine. ACTION REQUIRED If the City Council so desires, they should pass a motion approving the proposed job profile and revised job description and authorizing staff to begin recruitment of the position. POSITION DESCRIPTION Position Title: Police Chief Department: Police Department Accountable To: City Administrator Pay Grade: XXIII Primary Objective of Position: Department head position responsible to organize, direct the implementation, and coordinate the supervision of all the activities of the Police department, which include law enforcement, civil defense and health. To provide personal leadership for crime prevention and law enforcement in Mendota Heights, which will command the respect and confidence of department personnel and the citizens at all times. Duties and Responsibilities: Directs and coordinates the administration of the Police department to assure that the desired level of service is being provided. Assists in hiring, disciplining and directs employees under his/ her control. Plans and directs training opportunities for departmental employees to develop their potential and ability to function in their jobs. Reviews and evaluates the performance of those departmental employees directly responsible to him/her on a regular basis. Defines and delegates authority and responsibility to appropriate subordinates. Administers applicable union contracts and personnel policies within the department. Provides advice and recommendations to the City Administrator, to other management staff members and to the City Council. Keeps the City Administrator and appropriate staff members informed on important developments which may affect the administration of City government. Maintains current knowledge of innovative ideas and developments and recommends changes in current operations- and practices where applicable. Prepares an annual department budget request, with appropriate justifications. Presents departmental budget to the City Administrator and Council. , Makes public presentations and deals with the public on an individual basis. Answers citizen calls and complaints. Continually reviews and evaluates all phases of the on-going Police department operations and record keeping as a basis for developing improved organization, methods and policies. Directs and oversees coordination of operations with other law enforcement agencies. Prepares staff reports and recommends actions. Serves as Civil Defense Director by directing and coordinating Emergency Preparedness, and develops plans to cope with potential emergency or disaster situations. Keeps City Administrator informed of police activities so he will be informed of present or potential problems. Keeps other departments informed of police matters which may affect the operation of their departments. Represents the City in metropolitan, state and national organizations where delegated and where the interests of the Mendota Heights community are involved. Performs other duties and assumes other responsibilities as assigned. Knowledge and Skills Required: Thorough knowledge of the principles and practices of modem police administration and police methods. Thorough knowledge of scientific methods of crime detection and criminal identifications. ` Thorough knowledge of federal, state and local laws which are enforced by the Mendota Heights Police department. 2 Thorough knowledge of types and uses of firearms, communications, automotive, and other tools and equipment used in modem police work. Ability to plan, evaluate and direct the work of varied operations connected with public safety, and to effectively supervise subordinate personnel. Ability to establish and maintain cooperative internal working relationships within the City and with neighboring public safety officials, state and federal authorities, and the public. Minimum Training, Experience and Education: A wAn4=n of 180 eallege eredits in law enfareement related stbjeets or the equivalent. r Currently licensed or capable of being licensed as a peace officer by the Minnesota Police Officer Standards and Training Board. Ten (10) years of progressively responsible experience in a law enforcement agency of the same size, or larger than the Mendota Heights Police department, having attained the rank of sergeant or above. Extensive training and education, focused on the administration and organization of a modem law enforcement agency. !Ng§�idi-o-f-a"---valid -Minnesota -Cldf§'C-0-dtvers"liddnse"or'equialeit. December 20, 1983 Wjobdescr\polchief 3 CHIEF OF POLICE DRAFT CITY OF MENDOTA HEIGHTS, MN The City of Mendota Heights (pop. 11,000) , a stable, affluent, first ring suburb located in Dakota County, MN, is seeking a new chief of police. Qualifications are 10 years of progressively responsible experience in a law enforcement agency of the same size, or larger than the Mendota Heights Police department, including supervisory experience, a bachelor's degree from an accredited college or equivalent experience. Position requires commitment to community and service oriented policing, effective communication and management skills, and demonstrated leadership skills. Must be Minnesota P.O.S.T. licensed or have ability to obtain. Salary range is $48,000 to $60,860. All candidates will submit resume and city application to City Administrator, 1101 Victoria Curve, Mendota Heights, MN 55118 by deadline of Dec. 31, 1997. To obtain an application package and position profile, contact 452-1850. The City of Mendota Heights is an EEO/AA employer. CITY OF MENDOTA HEIGHTS, MINNESOTA uRAFT POLICE CHIEF RECRUITMENT PROFILE The Community Mendota Heights is one of the Twin Cities premier suburbs, offering high-quality residential and business areas. Per capita incomes and average property values are among the highest in the area, but homes in more moderate price brackets are also available. While the emphasis has been on maintaining large lots and spacious development, the community is also unique in its convenient location and highway access. Both I -35E and I-494 traverse the city. Major employment centers such as downtown Minneapolis, downtown St. Paul, Bloomington, Mall of America and MSP International Airport are virtually minutes away. While Mendota Heights has traditionally been thought of as a St. Paul suburb, the City is becoming more cosmopolitan, with residents employed in many parts of the metropolitan area. At the same time, the Minnesota and Mississippi Rivers form a natural green belt around the community, enabling it to maintain a quiet, private way of life. Citizens place a high emphasis on parks, open space and recreation areas. The City expanded the parks system as the result of approval of a $3.4 million parks bond referendum in 1989. Excellent schools and a well-educated populace complement the traditional but progressive character of the City. Civic pride and aesthetic excellence are hallmarks of Mendota Heights. The City welcomes high quality business development, and approximately 25 percent of the land has been reserved for that purpose. Businesses that have recently located in Mendota Heights includes Associated Bureaus, a Northland Insurance Companies expansion, General Pump, Inc., Prime Net Marketing, Heritage Inn, Tuthill Corporation, the Brown Institute and United Properties' Mendota Technology Center. Mendota Heights' most recent population estimate was for 10,822 residents, up from about 9,451 in 1990. While most of the land in the community is now platted, some new construction of single and multi -family homes is projected to continue. The population projections is 12,000 to 13,000. There are currently over 4,000 jobs in Mendota Heights and that number is expected to grown to around 6,000 by the year 2000. Land area in Mendota Heights is approximately 10 square miles and includes a large portion of Fort Snelling State Park, as well as Dodge Nature Center, Resurrection Cemetery, Acacia Cemetery and three golf courses. The Cites Government FT Mendota Heights is organized under Minnesota Statutes as a Plan A Mayor -Council form of government. The Mayor and four Councilmembers are elected at -large on a non-partisan basis for overlapping terms. Mendota Heights is recognized by the International City/County Management Association under the General Management (GM) category. The city's chief executive officer is the City Administrator who is appointed by and serves at the discretion of the City Council. The City Administrator is responsible for the day - today administration and direction of city staff. The City Administrator has the responsibility of directing all department heads including Police Chief, Fire Chief, Finance Director, Public Works Director and City Clerk. Mendota Heights employs 42 full-time employees, along with several part-time and seasonal personnel. Fire protection is provided by 36 volunteer firefighters who are supervised by a part time Chief and Assistant Chief. An organization chart is attached. The current operating budget is $3,250,960. City functions include Administration, Police, Volunteer Fire, Code Enforcement, Engineering, Streets, Parks and Recreation, and Utilities. The Mayor and City Council follow a "team approach" with staff and advisory Commissions in carrying out the goals of the City. Annual goal setting sessions are held to identify priorities, projects and organizational issues. With the Mayor and Council members all employed full-time in other professional positions, they rely heavily on the staff to tend to the administration of the City and its departments. Council also looks to staff to identify and analyze pending issues, providing alternatives and well -thought out recommendations for consideration and policy action by the Council. Mendota Heights Police Department The police department currently employs 16 sworn police officers including the Police Chief, three sergeants, and twelve patrol officers who are also assigned to the positions of DARE officer, investigators (2), training officer and other assignments. There is one secretary and one clerk/receptionist and occasionally an intern has been placed. The Mendota Heights Police department is a service oriented department and responds to calls of a criminal, civil, service and general nature. The department has practiced community policing since long before it became a popular law enforcement practice. The department participates in community oriented programs such as DARE, Neighborhood Watch, BEEN -197's Chemical Abuse Assessment Team and the City budgets for a school liaison officer jointly funded by West St. Paul, Aegean and Mendota Heights. The department participates in multi - jurisdictional teams such as the Mutual Aid Investigators Group. In addition, the department maintains on-going cooperative efforts with the Dakota County Sheriff s department and the State Patrol, who have a cubicle in the Mendota Heights Police squad room. URAFT The City of Mendota Heights Police department provides law enforcement services to the cities of Lilydale and Mendota by contract and the Police Chief represents the city before the City Councils of Lilydale and Mendota. Dispatch and mobile data terminal services are provided by the West St. Paul Police Department. L.E.L.S. represents a bargaining unit for the patrol officers. The 1997 Budget for the Police Department is $1,346,640. The Police Chief serves as the city's Emergency Service Director and is a member of the Dakota County Chief's Association and the Minnesota Chiefs of Police Association. The Position Profile In filling the position of Police Chief, the Mayor and City Council are seeking a person with demonstrated commitment to the highest ideals of public service and professional law enforcement. The Police Chief performs a variety of complex administrative, supervisory and professional work in planning, coordinating and directing the activities of the Police Department. The ideal candidate for Police Chief will: * have a high degree of personal and professional integrity; and * possess strong organizational and management skills; and * have experience in progressive community policing practices; and * have experience in effective community relations and possess effective communication and interpersonal skills; and * have proven leadership skills in crime prevention and law enforcement that commands the respect and confidence of the department personnel and the citizens at all times. The specific qualifications and skills required for this position are listed in the attached job description. The position profile also lists responsibilities of this position. 1997 Salary Range: $48,000 - $60,860 $1,440 auto allowance plus an excellent benefit package Anticipated Start Date: February 1998 Application: City application form Resume and Cover Letter Three references Applications will be submitted to: Kevin Batchelder, City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Application Deadline: November 28, 1997 The City of Mendota Heights will not discriminate against any employee or applicant for employment because ofrace, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. To obtain this information in alternative forms such as braille, large print, audio tape, or qualified reader, please contact the City of Mendota Heights. s LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL November 1$.1997 Excavating Contractor License J & D Enterprises of Duluth, Inc. Specialized Turf, Inc. Gas Piping Contractor License G R Mechanical H & H Plumbing HVAC Contractor License Jim Murr Plumbing General Contractor License J & D Builders Inc. � Y November 18, 1997 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims 263,311 • .i Significant Claims Norwest Bank eq cert pymt 95,670 PEIP insurance 12,261, \ Unusual Claims Ancom Comm fire radio 4,876 Penn Contracting dainage 19,787 Permier Svc striping 6,702 Reynolds Co kensington park 32,588 Vi Con tilsens 66,760 14 Nov 199'' Fri 10:06 AM Terno Check Numner 1 November 18, 1997C!a3rns List City of Mendota Heights uept 10 -Adm 15-Engr 20 -Police 30 -Fire 40 -CEO Dept 50 -Roads 60 -Utilities 70 -Parks 80 -Planning F'aae 1 85 -Recycling 90 -Animal Contro] J 1 ='! Terno Check Number 4 .c _. 4 Ancarn Ccm'rn Inc 01-462-03�-3N redia eq 4 Totals Terno Check. Number 4 Terno Check Terno. — -_ _ —__---_--__..— --._ 5 b T Office Products 01-4300-080-80 Chec!; --- - - - - - - Products 01-4300-040-40 5 2 T Office PrOduct5 Number Vendor Name Account Code Comment s Amount 7 � b T 1 Air Touch Cellular 01-4' 10-�c1'0-'0 act SVC - 3' -22 ��J.47 1 Air Touch Cellular 01-4210-030-30 Oct svc 98.65 1 Air Touch Cellular 05-4210-105-15 Oct Svc 15.43 Number • •3 - 6 Hituriiir,nirs Roacways 337. 55 • t � Totals Terno Check Mumber 1 Totals Terno Creek. NIumber 6 Terno Check. h umoer 7 ___---_• G�li Terno Check Number 2 2 A T F.• T Wireless Svcs 01-4210-030-30 24.81 = 2 A T & T Wireless Svcs 01-4',_10-0'2@-20 Oct svc 12.77 == ------4------•-------..— --•---- ---- ---_----- —67:58-------- - ;5 Totals Terno Check Number 2 1=°( F". -------• -eck Number 3 _" _cr =' 3 Dorm Anderson _-- --_—__--- 01-4415-020-20 --_riov-allow -- 120.00 .32` _- — ------ 32 1 -e 3 120.00 3= Totals Temo Check. Number 3 -6 ='! Terno Check Number 4 .c _. 4 Ancarn Ccm'rn Inc 01-462-03�-3N redia eq 4 Totals Terno Check. Number 4 Terno Check Number — -_ _ —__---_--__..— --._ 5 b T Office Products 01-4300-080-80 5 B T Office Products 01-4300-040-40 5 2 T Office PrOduct5 S 8 T Office Droducts 01-430kD-110-10 b T Office Proaucts 01-4300-110-10 _5 5 H l- Off ice• Products 5 H T Office Products 05-4300-105-15 35 Totals TernD Check Number 5 Temo Check Number 6 - 6 Hituriiir,nirs Roacways 01-4422-050-5w E Totals Terno Creek. NIumber 6 Terno Check. h umoer 7 ___---_• G�li solys SDlys SD1js _.._._ solus SDlVs sol ys - SolyS wear mix 4, 876. 00 245.25 18. B0 ._ _. .. ... . ......... ._ .. 23. 55 341. 14 3.51 -- - - - 3E. 40 68.14 736.79 114.91+ 1 14. 94 --------•--- ---13.07 -•-- 14 Nov 1997 Claims List Rao_e 2 Fri 10:06 AM City OT Mendota Heiants Temo Check Number 7 Teruo. " Check -- -- -- -- - - - Number Vendor Name Account Code Comment s Amount 7 13. 00 t Totals Terno Check Number- 7 Terno Check Number a -....--•----�,- 8 7.46 Totals Terno Check. Number - Terno Check Number 9 9 City of St Raul 01-4420-050-50 solys 151.81231 S == Totals Terno Check Number 9 Jo( J: ;ss' -temp Check IV—urne� f0 ;S C •-- 10 Claris U S 01-4301-030-30 upgrade 112. 3a 'o -3 -- 10 ---__— 112.38 37 == Totals Terno Check. Number 10 =9� .,r Terno Check. Niumber 11 - ---_� -_ 11 CE,rnrnercial As oha It 01T4 -50 wear rnax 155 20 ' -_------Tatals •Tei,io-Check: Number-` fi - ---- ----- --------••------•--- ---- .. i Terno Check. Number 12 12 Comm Center 01-4220-125-50 reoroo_rarn radios 378.2Qr 12 Comm Center 01-4220-125-70 378.20 1'2 Comm Center - - - -- -'15-422'ii-125=E@� - - - re6rckirram'-r�d1os --- 3.78. tis 36 1. 1 -4. E0 Totals Terno Check Number 12 Terno Check Number 13 13 Continental Cablevision 01-4305-030-30 nov svc 2.02 1 2. l'c Totals Terno C7eck M_mber 13 Temo Ctec4 Numoe•r 14 14 Coverall 01-4335-310-50 NOV Svc E0. 00 14 I'lov 1997 Claims List Paae 3 Fri 10:06 RM Citv or Mendota Heionts Temo Check Plumber 14 Teruo. Chec!1 -- -. - - Number Vendor Narne accoUnt Code Comment s Amount ; 14 Coverall 01-4335-310-70 nav svc 14 Covera?1 15-4335-310-60 nov svc 59.99 _ 14 Covera 11 01-4335-315-30 nov svc 169.34 _ 56 349.33 Totals Temo Check. Number 14 Teruo Check Number 15 3 i• 15 County Reccrr cer 16-4490-000-O0 sent sic 2'7:�750 _- 15 273. 50 _ - - -Totals Temo Check. Number -- 15 -� - ----- ----- -- -- ---- --`--- ,y Teruo Check Number 16 i - 16 Sheldart Darnbero 27-4460-721-00 soklr rors tilsens 188.50 ,y'-- - J, =' Totals Terno Check Number 16 y1 Teruo Check Number 17 27• C "' 2T, -- 17 Danko Emacy Ea 01-4305-030-30 _ solys 9.33 - 17 Danko Ernocy Ea' solys 4 ` _34 _ 37.66 Totals Temo C'iec4. Ni-unber= 17 ------ —_ r Temo Check. Number 18 18 Day Timers 01-4300-110-10 solys 42.70 18 Totals Teruo Check. Number 18 Terno Check Number 19- 19 6errelloas 01-4420-050-50 solys 81.64 �9 81.64 Tr_tals Teruo Check. Number 19 Terno C ieck Numoer 20 P-s-er Ono• p 01-430;-0,.0-2U solys 29.71 29. 7. Totals Terno Check Number 21 Terno Check Number 21 31 cire marsrall a'ss;e 0!-4400-150-,30 sok!r seminar !LO.O0 14 Nov 1997 Claims List F'aee 4 Fri 10:06 AM City or Mendota Heiants Teruo Check Number21 Terno. dheck Number Vendor Name Account Cade Comment Amo+.rr+c 21 140. 00 =; Totals Temo Check Number 21 t +V Terno Check Number 22 '= +s' ---= - -------•-- '�"' Fcmce America fd"1=4�9r<1--- -6 - soTva - 22 Force America 01-4330-490-50 solys 18.23 44 - Totals Terno Check. Number 22 in 3 Greenleaf Tree Svc 01-4500-050-50 tree removal 905.25 _g -' -- --_=-= zo 23 905.25 Totals Terno Check Number 23 .cc Terno Check Number 24 JS - sae; ._ 24 Deanne Guevlaa+.ri 01-4130-110-10 11/4 rncd 531: 24 131.50 'c _. Totals Terno Check. Number 24 Terno Check Number 25 - 25 Hawk i abelina Systems 01-4300-030-30 solus 344.87 !� - --'-25 -- -- - -- - --------- ------ ---.._. —_ X44.-87--- -- - --. —. — Totals Temo Check. Number 25 Terno Chec!< Nurnoer - -- ----86 ... _- ----- - ---- - ----- - ---- -- .--.__ ... - - - 26 Charles Huohes 01-3250 rfd oerrnit fee 55.51 -6 55. 5Z) Totals Totals Terno Check Number 26 Terno Chec'<. Numbe*- 27 27 Huohe=_ & Costello 01-4822-120-20 Oct Svc 3.798.75 27 3.798.75 Totals Terno Geek +L_anbe- 27 Terno Check N+.imber 2b 28 Inver Grove +=3rd 01-4330-440-20 oarts 73.93 28 -otals Temp C`.ecu ',lumber- 28 14 Nov 1997, Clairns List F'aoe 5 Fri 10:06 AM City of Mendota Heichts Teruo Check NumSe•r 26 -- Teruo. _f Check - ---•--------• -------...-- - •---- --- -----. _._ Number Vendor- Narne Account Cade Lornrnents AmOUrit Term Check Number 29 �r .. 29 J & A Cleaners -----^--- 01-4410-020-20 --- - Oct clno 317.94? - -- --- '.T 29 J & A Cleaners 01-4305-020-20 act clno 4.46 j .--- - - -- •-- - -- - - - - --- - --- 58 - --- --- -- --. -- — 322.-'36 - - - - - - - -- ,- - Totals Teruo Check. Number 29 ii _ Teruo Check NUmber 30 -- - _- ---30 Deanria Ketelaar - 01-3305 _- rfd recr fee 13.01 .; _- 30 —_- _- ---- 13.00 - Totals Teruo Check. Number 30 -Cr 2.1 _0 :- Teruo Check Number 31 31 Kinkos 01-4305-020-20 solvs l = 31 97.66 Totals Temo Check Number 31 = Terno Check Number 32 -_ 32 Krechs Business Svsterns 01-4330-490-10 rors 299_00 ='L 32 — ----------- 'c_ -- Totals Terno Check. Number 32 Terno Check Nurnaer 33 33 L M C I T 01-2474 nov orern 432.75 33 L M C I T _ 01-41731-020-20 nov orern 161.46 66 594.24 Totals Terno Check Number. 33 Term Check. Number 34 34 Labor Relatiors Assn 01-4400-0d0-20 rear 1dQ).00 34 120. 0141 Totals Terno Check Niumber 34 Terno C Teck Number �5 35 Maureen Later• f4li-330:1 rear rrd 52.1010 35 Jam. 00 Totals Tema Check. Number 3- 14 Nov 1'397 Claims List Fri 10:06 AM Cit, of Mendota Heiohts Paoe 6 Teruo Check Number 36 Teruo. • _ Check • ---- --- - - --•• ---- ._._ Number Vendor Name Account Code Comments Amount - -- - -- , 10 -- 36 L--- -- - - - -- --------- - — - - - ---- --- 0- -- _ --- - - -- --- -...._... solysa: - -- 37.35 - -- - "--i 36 _ ^---------�-�-- 37.35 Totals Temo Check Number 36 -- - -------- --- Teruo Check Number 37 37 Lillie Suburban News 27-4240-719-00 bid ad bunker hills 58.40 37 Lillie Suburban News 01-4240-110-10 Ord 316 317 155.9141 37 Lillie Suburban News snc, thrower -- 37 Lillie S1.rb_rrban News 01-4240-11-0-10 ernol ad 116.40 149 ( =- Totals Teruo Check. Number, 37 - Temo Check Number 3e — -----` — - 38 Mc Combs Frank Roos Assoc 01-4221-135-80 Oct Svc 1.328.00 ,.a 38 1,328.00 !3= -- Totals Teruo Check. Number 38 -3 Teruo Check Number 39 _ 39 Mike McF'h i l l ioe Inc 1=4�r0�=5 s swop _ 39 _ 181.50 =- Totals Teruo Check. Number 39 -- ---- '= ze Terno Check Number 40 40 John Maczko 01-4400-030-30 fall conf exo 3221.63 = 4 kl - ---- -- ---- -- - --- -- - Total=- Tema Check. Number 414) Terno Check Number 41 41 Mendota Heights Oubbish 01-4L�8u-310-50 Oct Svc 61.96 41 Mendota Heights Rubbish -' - 01 -428 -310=%0 -- Oct Svc - 61 `?6 41 Mendota Heights Rubbisn 15-4280-310-60 Oct Svc 61.96 41 Mendota Heights Rubbish 01-4280-315-30 Oct Svc 45.214) 164 231. 08 Totals Temo Check. Number 41 Temo Check Number 4*2 48 Midwest f lioto Svc 01-4305-0L-0-20 Oct Svc 42.9 42 42.9L, Totals Temo Creek Number 42 14 Nr -v 1997 Glaims List Paae , Fri 10:06 ADI City of Mendota heights Teruo Check Number 43 Teruo. Check--- -••----_-._..�__---•--- -•--._._... .-- - Number Vendor Narne Account Code Comments Amount 43 Minnesota Teamsters Loc 320 01-2075 nov dues69.00'-- 4' _ _ 269. d0 di _ _ _ _ _ -- Totals Teruo C.eck. N�.unber---- 43 -- ----------------------------------- - -`--- Temo Check Number 44 - 44 Minnesota Conway 01-4335-315-30 annl inso 71.29 - 44 Minnesota Conway 01-4335-315-30 anal inso 358.13 4 88 429.42 Totals Terno Check. Number 44 =� Temp Check Number 45 45 Minnesota Wanner Co 01-4305-070-70 - _4_5 280.44 -- Totals Terno Check Num6e-r 45 _ _ ----" -- 27 Teruo Check Number 46 er 46 Minnesota Locks 01-4305-020-20 solvs 25.56 r1, -- — - ------ -• 4E — -- �� 56 -------- -- - - .== Totals Terno Check Number 46 -=r Terno Check Number 47 ---"�-- -- -" i 47 Motor Farts Service 01-4331-440-20 parts 68.80 47 68.814 Totals Terno Check. Number 47 Terno Check Number 48 49 Neoocst -- 01-420N-610-10 -- - - mail ea - - - 103.31 48 Nec-oost 05-4200-610-15 mail ea 103.30 48 Neouost 15-4200-610-60 mai 1 ea 103.32 144 3 19. 9e Totals Terno CneLk Number 48 Terno Check. Numner 49 49 Nelson Radio Comm 07-4330-000-0m no,., rntern 62.40 49 62. 40 Totals Terno Check Number 49 Terno Check Number 50 50 Norwest Bank Dols 12-4456-1410a)-00 ea cert 9i1. 010, Ow 14 Nov 1997 Claims List Fri 10:06 AM City or Mendnta Heights Tema Check Number 50 - Ra.0e 8 Tema. _ Check- - -------•------•---------•---• -- - - - ..... ---- Number Vendor Mame Account Code Comments. Amount ' t" 50 Norwest bank Mols 12-4456-000-Ei0 e❑ cert - ` 5.520.0-1 - :- 50 Norwest Bank Mols 01-8115 orinc ea cert 90, 001-'1. 0141 f 50 Norwest Bank Mols 01-1290 orinc ea cert 90, 000.00cr -- �i Norwest Hark Mols - - 12-4226-000-00 --sic fee -- - - — - f5rd. ON --- -- -- -- -- ---- = --- 250 --------- 95, 670. 00 .J Totals Terno Check Number - 50 -- - -- ------- --------- ------ ----- - --- -- - Tema Check Number 51 is 51 Oakcrest Kennels 01-4221-800-90 Oct Svc 130.00 51 Oakcrest Kennels 01-42:'_5-800-90 Oct svc 145.67 ;•; 102 275.67 hs� _. Totals Tema Check Number ---_51 _ == Tema Check Number 52 -^-- -- - -- --- -- 52 Oxygen Service Co - 68=4- =0rci0=00 -- cx:� -- 27.-00— --' -- -. i- (;= -- ----- - 52 27.00 IJ I, .3• Totals Tema Check Number 52 37 -= Tema Check Number 53 -' •1� ( := 53 Penn Contractino - -- --- ---- 29-4460-000-0w re Johnson drainage - 19,787.18 53 - -- -19.`757:-19- ---- — - -- — s Totals Tema Check Number 53 -•, _ Terno Check Nlunber--------Sw --- •--------- — -- -•---------- •----.._-_._ -- 54 Plaza TV E Pool 08-4335-000-00 rors 44.84 54 44.84 Totals Terno Check Number 54 Temo Check Number 55 55 Premier Svcs 22 -4460 -000 -Ow - st strioina - 6.577.40 55 Premier Svcs 22-4460-11100-00 st strioina 125.00 1 10_. - _ - G.702.40 Totals Terno Chec4 Number 55 Tema Checlt Number 56 So Public Emol ?et Assn 01-2074 dec orern 84. 00 S6 Public Emol Ret As=_r, pl1-4131-110-10 dec orern 9.00 1 1L 93. 141,41 Totals Terna L'reC4 t•11_unoer 56 14 Nov 1997 Claims List pane s Fri 10`06 AM City o, Mendota *einhts Tewin Check Number or ' remo' Check � Number Vendor Name Account code Comment Amount ..- ' 57 Publ. icEmol iris Procram --------------- 01-2074 -dec nrern--'-------�----'--'u�64m�a� . or Public smol Ins pronram 01-413l-110-10 dec prem 1.469.92 57 Public 3,311.06 � sr nubzic Emoz Ins p,00r=m 01-4131-0.m-41-41 _dec_Dr;m dec orem 575. 65 ' or nuozic smol. 1ns pronram 01-4131-050-50 dec orem 1.672'46 ' or Public smol Iris Pro 01-4131-070-70 dec orem344'9e -- ------�����-------'------------6eC 57 nu6iic'Er(Inz-���Proaaril 131-105-15 �reM--------------- D - - -/. 7210. 65-'- - or Public Emol Ins prooram 15-*/31-060-60 uec orem 344'92 - �m-_---__-___------_---__---'---��--__---_''__. umm a� ' � ' --- o1a --------- 12,261'12 ' -�_--_Totals Temo Check Number 57 ' ��p Check Number :8 = �-----58 R L� �re --------�r�5o8.--sw-----'---- '------'--�� � -- --------- �� '^ 58 37,588'60 s-----f��� -----5�-----------'---------'-----------------------------------------------��------ Temci Check Number 59 ~ - os aecom -- 01-4305-0e0-20 sozrs 70'11 -_--- ,. �---'--59-------------------------'----------------------------'--'----'-'-'-------'- mc�z------------- ' -'----�� � - Totals Tema Check Number oy .~---_-__------_--'__'____--_-----_--_-�� ~~ ~.~^. .,...~~. .~ ~ ' sw ac:umach�rs Inc ' -- _-- 01-4305-0/0-70 --�--. - _ °oz _ ��'4� ' . -- aw -_--- 45'*2 '^ Totals Temo Check Number aw remo Check. Number aI ' - 61 exieze' oo - 01-44e4-'050-5w '- —� sozxs - -'- ' e4'38 -- . u1' ----- 2*'oa Totals remo Check womuer remo oxecu Number au au Sherwin Williams -- 08-4335-000-00 sol,s 50'42 aa -'' ----- 50'42 Totals Temo Check Number au remo Check *umber a3 _ 63_Sivna� � �����r_&� -- _��er m�-4480+�0+00��Lth���er -_ 1.806.2+ ''---_--==----=- _- ao �'aya.a^ 14 Nov 1997 Claims List Pane 10 Fri 10:216 RM Citv or Mendota Heiohts TemD Check. Number 63 � TernD. Check -- ---- - --- - Number Vendor Name Account Cade Comments Amount • -- ---- - - - -•-•-----•------ Totals- Temo Check Nr_unber ----- -- - - - 63 - - - - - "-"-.- Teruo Check. Number 64 y 64 S K R 01-4280-310-50 diso fee 20.00 _ - -- 6; --- --- --------- -- ------------- ----- ---- --- -20.-00- 0.-00-Totals TotalsTemo Check. Number 64 —' Teruo Check Number 65 — - ----'--- =u 65 Snyder Drrro Stores - 01-4305-030-30 solys 65.44 - -_ • 65 uder 6i^uo Steres ------ ---- --01=43x5'=030='s0 - - solys- -- -`2.-76"'--"'---"---'--'-"-'-- '=6 65 Snyder Drug Stares 01-4505-030-30 solys 5.53 65 Snvder Druo Stores 01-4305-070-70 sDlys 9.02 Snvder Dri.in Steres 01-430,=v73�-30 solus -fi-.01- _- ( 65 Snyder Dr-mg Stores 01-4305-020-20 solys 24.27 == 390•------------ - Terno Check ------- -- -----1'1.8.-03--•- --- ��� == Totals Number 65 ?`€ s - __-- 236' -- Temo Check. Number Ee - 39 66 St Paul Pioneer Press -- ---- -- ----- 01-4240-110-10 ernol ad - - 158.93 �o -- 66 158.93 Totals Terrro Check. Number 66 _ Terno Check Number 67 s or 67 272.55 Totals Terno Chec4<, Nr.unber 67 _ - -'- Terno Check. Numner 68 68 Twin Cit,/ Saw S,rc 01-4305-010-70 solvs 90.71 68 Twirr City Saw Svc 01-4305-050-50 solus 19.62 136 110.33 Totals Terno 'Ciec!-: Number 63 Temo Check Number 69 69 U rw S 08-4335-000-00 Oct Svc 92.64 69 92.F-4 Totals Terno Check. Number 69 Temo Check Nr_unber 70 Irl Ung.' ::,rrns Lr 1.rn.tec Oi-44 w-020-.=_:w so1vs 163. 7w 14 Nov 1997 Claims List Pace 1 1 Fri 10,06 m~ cit, o/ Mendota Heiohts remo Check Number 7 Temo' Check . Number Vendor Name Account Code Comment Amount � -- 7m ------ 163'70 � ����_Npp -_-Totals 7erno'� � remo ohecx Number 71 .' ' - �' -----71 \/azlev'Trooxx'---------------�i����»�k�W�gor-------'-------- 'sib zx�- -----'- --' -� ---'sa'ca ---�� .se' -- ----- 5u__--_---_--__- . __L Number71 _--__� _ Temo Check wmnue, ru - � ` . � = ' re Vicon znc 27-4460-7e1-00 ovmt o tilsers � 6a,rsw'ow -- -'----r2----'--'--------------'--------------------'-------------------------'------'- --- --------- ' ------7a��6m��o� ----- '-'--- Totals Temo Check m"wuer re ` 73 Curtis Wimneev 05-4410-105-15 exD reimb 50.00 ro 50'00 ^ Totals Tem ox ro ~' i = Temo Check Number 74 - -- --------oarts--�--�--��u�o---- ------� ^" 01-4330-490-50 ' 742a'ro ----- ^ ' -__� _���� __' �� - � remo Check wmnbe, 75 ^' ' 75 World Insurance -- 01-4131-070-70 ncw orem 33.96 75 ----- Totals rem" Check w"mber ru remo oxecx yomuer ra re winthroo & weinst -ne 01-42e1-120-10 seot svc _5mm'mw ra wi"tn,00 x u°instin° 16 -+2L!0 -12m-00 seot me neizz 3:-S. 85 76 uinthror & wei^st ine 16-4221a-l=m-ww seor ocus 86. 00 ra wintxroo & weinstine 01 -42e0 -1e0-114) seot cohen 64'51-4) ra uin*h,ov u weinstine 16-4220-1,=:m-ww seor tem6co 04'2e _-- zaw -------- .ztm.o:5 Totals remo check Number 7e remo c��cu Number rr � ' _' �_ ��� ' 14 Nov 1397 Fr: 10:06 A^1 Terno Check Number 77 Terno. Check Number Vendor 4Jarne 77 Zee Medical Svc— - — 77 Zee hledical Svc Totals Terno Check Nr_unber Claims List Citv of Mendota Heights Account Code Comments 01-4305-070-7�c1 -solys 15-4305-060-60 solys 77 a •+ Race 12 Amount - - .... 28. 317 28.31 , 'f 41 5247 ---- _ -- 263, 311.54 Grand Total ----- ----- -- MANUAL CHECKS — _ -- --------------- _ 16673 15.00 Dept of Empl Relations splys _ 16674 19,214 _00—Ai.rl-ake-E.ord squad —__ 23 16675 356.56 Husnik Metas bonfire ` _- 16676 26.20 Jim Kilburc 16677_ 5,544.90—State Cap1t01_C_U.--___— 11/7_payroll_== 16678 288.88 Pepsi bonfire 16679 17..28 PERA 11/7 payroll = 16680 9,33-$ Q3 " :36, - 16681 310.00 Great We®t=K & A "` 16682 1,043.40 ICMA RT 39L 16683 1,028,0051i nn_Mutual 40 16684 - 220.00 MSRS " ( = 16685 416.40 Dakota County - 1b686 325.00_Dakota_Bank_— -- —_— - _____•___-- - _ 16687 47,269.34 Payroll a/c 85,413.19 G.T. 347m724,73 _- CITY OF MENDOTA HEIGHTS November 14, 1997 TO: Mayor, City Council, and City Adrrund®r I FROM: Marc S. Mogan MSM Civil Engineer SUBJECT: Bunker Hills Street Reconstruction Recap Job No. 9514, Improvement No. 96, Project No. 3 INTRODUCTION: This memo will provide details about past chronological events, present facts about Bunker Hills streets, summarize neighborhood issues, outline the benefits of total street reconstruction projects, present a comparison of streets in Mendota Heights, review Council's decision options relative to Bunker Hills street improvements, and offer a recommendation for the Bunker Hills neighborhood street improvement project. PROTECT CHRONOLOGY: A feasibility report for a project to upgrade the existing streets to meet current City standards with storm sewer and concrete curb and gutter in the Bunker Hills neighborhood was presented, and accepted by Council Resolution 96-60 at the Council meeting on August 20, 1996. A public hearing was conducted on September 17, 1996 at City Hall to discuss the project. After listening to some of the comments made by those attending the public hearing, it became evident that the neighborhood wanted more information about how the project as proposed compares with other possible improvement options. Council continued the public hearing until October 15, 1996 at City Hall, and directed staff to provide the residents with this additional information. Staff developed a fact sheet comparing four possible improvement options enumerating the significant elements of each option, and invited any interested residents to attend an informal meeting on October 8, 1996 to discuss the information that it contained. Included with the fact sheet was a survey that property owners(s) were asked to return to the City that indicated which of the identified street design options they preferred for a street improvement in their neighborhood. The neighborhood survey responses were compiled, and presented at the continued. public hearing held on October 15,-1996. This survey showed that a majority of the respondents favored a total street reconstuction project including curb and gutter and storm sewer. Council gave serious consideration to the results of that survey, but they were reluctant to make a decision to proceed with a project on the basis of those results alone. Many residents stated at the continued public hearing that they were not necessarily opposed to streets with concrete curb and gutter, but they requested that the project design include some flexibility in street alignment or width to preserve neighborhood aesthetics where trees, landscaping, or steep slopes might be adversely affected. Council considered all the comments made at the continued hearing, and directed staff to collect field survey data to facilitate the preparation of detailed exhibits showing possible impacts on the neighborhood as a result of the proposed construction. Council agreed to schedule a special workshop meeting with the neighborhood to present this information. Council conducted the special neighborhood workshop meeting for the owners of 27 properties of the Bunker Hills neighborhood at City Hall on Tuesday September 30, 1997. The goal of that workshop meeting was an attempt to address and resolve the concerns of the residents prior to conducting a subsequent formal public hearing to consider a Bunker Hills street reconstruction project. A proposal was presented at the workshop meeting to upgrade the streets to a street section consisting of a 3.5" thick bituminous pavement surface constructed over a 6" gravel base with concrete curb and gutter (except the gravel alley between Willow Lane and Hilltop Road), and storm sewer where appropriate. The concept plan minimized adverse impacts to trees, landscaping, or other topographic features through shifts in the street alignment, and reductions m street widths where desirable and feasible. This concept plan called for any street segments that are currently constructed approximately 30 feet wide (Wachtler Avenue from Marie Avenue to Valley Curve, the Valley Curve cul-de-sac, and the Willow Lane\Valley Curve\Hilltop Road) to -be reconstructed 34.33 feet wide -between the outside edges of concrete curb and gutter. Those street segments that are currently constructed approximately 20 feet wide (Wachtler Avenue from Hilltop Road to Ridge Place, Hilltop Court, Arvin Drive, Ridge Place, and Ridge Place cul-de-sac) would be reconstructed 26.33 feet wide between the outside edges of concrete curb and gutter. The majority of the property owners in attendance at that workshop meeting supported the design concepts contained in this plan, and were pleased that the plan showed a real effort to maintain the aesthetics of the neighborhood. A public hearing to consider a City project to reconstruct approximately 1.9 miles of streets in the Bunker Hills neighborhood was held on October 21 1997, at City Hall. The concept plan presented at the neighborhood workshop meeting was presented again at the public hearing with updated preliminary project costs and estimated assessments. All properties abutting these improved streets under this plan, including the six properties which front the alley, would be assessed fifty percent (50 %) of the project cost on a per lot basis. The property owner's fifty percent (50 %) share of the preliminary project cost was estimated to be $4,600 per lot. These assessments could be paid up front without interest, or added to the tax rolls over a 19 year period. Later during that hearing, a petition was presented to Council supporting a mill and overlay street resurfacing project instead of the project that had been presented. There was considerable discussion about the merits of one project versus the other. Council considered all the comments made during the public hearing process, and the petition presented that evening. Council delayed taking action on either design alternate that evening given all that had transpired to that date. Council closed the public hearing, and suspended further discussion on this issue until November 18, 1997. BUNKER HILLS STREET FACTS: The streets in Bunker Hills were resurfaced with bituminous pavement in 1970 as a restoration item associated with the construction of sanitary sewer and water main laterals to serve the neighborhood. The streets were constructed at that time as rural streets. Rural street sections in this neighborhood consisted of a 2" thick bituminous surface over a 6" thick gravel base, constructed either 20 or 30 feet wide. Records on file at the City indicate that most of the streets in the Bunker Hills neighborhood were seal coated on two separate occasions after they were constructed in 1970. Below is table indicating which streets were seal coated under each maintenance project. Street Name 1978 Seal Coat (Project No. 7824) 1983 Seal Coat (Project No. 8311) Arvin Drive Yes Yes Hilltop Court Yes Yes Hilltop Road Yes Yes Ridge Place Yes Yes Ridge Place cul-de-sac Yes Yes Wachtler Avenue (Maxie to Valley Curve No Yes Wachtler Avenue (Hilltop to Ridge Place Yes Yes Willow Lane Yes Yes Valley Curve Yes Yes Valley Curve cul-de-sac Yes Yes Seal coating of the Bunker Hills streets twice during this 27 year life span is consistent with the maintenance that is typically provided to other streets in Mendota Heights. Some streets in Mendota Heights that are structurally sound have been seal coated three times. If the streets in the Bunker Hills neighborhood had been found structurally sound, it would have been fiscally responsible and likely that these streets would have been seal coated a third time. SUMMARY OF NEIGHBORHOOD ISSUES: All residents in the neighborhood are in agreement that the streets in Bunker Hills need resurfacing. All residents are concerned about a project adversely affecting the aesthetics in their neighborhood. There are storm water drainage problems on Hilltop Road between Dodd Road and Valley Curve, sections of Valley Curve, and the north end of the Ridge Place cul-de-sac. These points are undeniable. The real questions that must be answered by all parties are as follows: 1. Can these goals be accomplished? 2. What are everyone's expectations as how to best achieve these goals? 3. What are the consequences of achieving these goals? 4. Is the decision as to what is done in the best long-term interests of those involved? BENEFITS OF TOTAL RECONSTRUCTION PROTECTS: A. Includes 50 % city participation in the cost of a Total Street Reconstruction Project as contrasted with 0% of the cost of any Overlay Project. B. Revitalizes neighborhoods by virtue of the capital investment in the neighborhood. C. Increases property values and guards against property value deterioration. D. Encourages residents to initiate and complete improvements to their private residences. E. Eliminates boulevard ditches, driveway culverts, and reduces culvert maintenance costs. F. Reduces damage to property from vehicles and therefore reduces maintenance costs. G. Provides a visual and physical definition to roadways that aid driving, parking and pedestrian movements. H. Facilitates street maintenance activities because of concrete curb and gutter construction, which translates into maintenance cost savings. I. Affords an opportunity to correct unsuitable subgrade conditions. J. Creates a concrete curb and gutter storm water drainage channel within the road section. K. Reduces icing problems during cold weather. L. Extends pavement service life for streets with concrete curb and gutter. STREET COMPARISON: The question that is always asked is how much longer will a pavement surface last on a street with curb and gutter as opposed to one without. That question is difficult to answer, and must be predicated on certain assumptions. Soil conditions must be similar, and the upper three feet of the street subgrade must be properly constructed and compacted. Significant structural problems in the upper three feet of any street section will ultimately lead to bituminous pavement failure. Excessive moisture in the street subgrade will reduce the load carrying capacity of the street section. Concrete curb and gutter acts as a barrier to the infiltration of surface water into the street section. Curb and gutter also provides a simple and effective way to convey surface water that reaches the street to a desirable point of discharge. This is extremely important where longitudinal street grades are 1 % or less (1 foot drop per 100 feet longitudinally). Concrete curb and gutter can be constructed at more precise grades than a blacktop surface, and therefore curb and gutter constructed at a longitudinal grade of 0.5 % (0.5 foot drop per 100 feet longitudinally) can effectively drain street surface runoff. Concrete curb and gutter is theoretically and intuitively beneficial to maximizing the surface life of streets. I did some research in Mendota Heights to determine if the City's experience with actual streets constructed with concrete curb and gutter support this assertion. The streets listed are -in close proximity to on another, and were constructed at approximately the same time. If you compare the condition of the Bunker Hills streets with the streets listed above you would agree that the streets with concrete curb and gutter are in significantly better condition than the streets that are constructed without concrete curb and gutter. This comparison supports the assertion that concrete curb and gutter extends the service life of a street section, and is consistent with the expectations and economic justification for constructing streets with concrete curb and gutter. COUNCIL OPTIONS: Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments", contains specific provisions for public improvement projects relative to public notification requirements and Council's authority in these matters. Council was presented and accepted a feasibility report for a total street reconstruction project. The public notices that were mailed and received by the Bunker Hills property owners were for a total street reconstruction project. It is my opinion that under the circumstances, Council is limited to either ordering or canceling this total street reconstruction project under the provisions of Minnesota State Statue Chapter 429. Council has no discretion to change the scope of a project to another design without going through the public hearing process from the beginning, in my opinion. The only exception to Council authorizing construction of an alternative project would be if Council were to receive a 100 % petition by the benefiting property owners. The proposed improvement project was brought before the City Council by a petition of less than 35 percent (35 %) of the total assessable frontage of property owners in the Bunker Hills neighborhood. According to the stipulations. of Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments", a four-fifths majority will be required if the City Council is to order construction of this proposed public improvement project. Streets with Concrete Curb and Gutter Street Name Street Name Street SeZnent Month/Year Constructed Project Number Lansford Lane Round Hill Road to Stanwich Lane 8/69 6822 Round Hill Road Lansford Lane to Dodd Road 8/69 6822 Stanwich Lane Lansford Lane to Dodd Road 8/69 6822 Overlook Road Lexington Avenue to Lilac Lane 8/70 6735 The streets listed are -in close proximity to on another, and were constructed at approximately the same time. If you compare the condition of the Bunker Hills streets with the streets listed above you would agree that the streets with concrete curb and gutter are in significantly better condition than the streets that are constructed without concrete curb and gutter. This comparison supports the assertion that concrete curb and gutter extends the service life of a street section, and is consistent with the expectations and economic justification for constructing streets with concrete curb and gutter. COUNCIL OPTIONS: Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments", contains specific provisions for public improvement projects relative to public notification requirements and Council's authority in these matters. Council was presented and accepted a feasibility report for a total street reconstruction project. The public notices that were mailed and received by the Bunker Hills property owners were for a total street reconstruction project. It is my opinion that under the circumstances, Council is limited to either ordering or canceling this total street reconstruction project under the provisions of Minnesota State Statue Chapter 429. Council has no discretion to change the scope of a project to another design without going through the public hearing process from the beginning, in my opinion. The only exception to Council authorizing construction of an alternative project would be if Council were to receive a 100 % petition by the benefiting property owners. The proposed improvement project was brought before the City Council by a petition of less than 35 percent (35 %) of the total assessable frontage of property owners in the Bunker Hills neighborhood. According to the stipulations. of Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments", a four-fifths majority will be required if the City Council is to order construction of this proposed public improvement project. Streets without Concrete Curb and Gutter Street Name Street Se ent Month/Year Constructed Project Number N. Freeway Road Frontage Road to South Lane 6/72 6928 S. Freeway Road Frontage Road to South Lane 6/72 6928 South Lane J Frontage Road to N. Freeway Road 6/72 6928 The streets listed are -in close proximity to on another, and were constructed at approximately the same time. If you compare the condition of the Bunker Hills streets with the streets listed above you would agree that the streets with concrete curb and gutter are in significantly better condition than the streets that are constructed without concrete curb and gutter. This comparison supports the assertion that concrete curb and gutter extends the service life of a street section, and is consistent with the expectations and economic justification for constructing streets with concrete curb and gutter. COUNCIL OPTIONS: Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments", contains specific provisions for public improvement projects relative to public notification requirements and Council's authority in these matters. Council was presented and accepted a feasibility report for a total street reconstruction project. The public notices that were mailed and received by the Bunker Hills property owners were for a total street reconstruction project. It is my opinion that under the circumstances, Council is limited to either ordering or canceling this total street reconstruction project under the provisions of Minnesota State Statue Chapter 429. Council has no discretion to change the scope of a project to another design without going through the public hearing process from the beginning, in my opinion. The only exception to Council authorizing construction of an alternative project would be if Council were to receive a 100 % petition by the benefiting property owners. The proposed improvement project was brought before the City Council by a petition of less than 35 percent (35 %) of the total assessable frontage of property owners in the Bunker Hills neighborhood. According to the stipulations. of Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments", a four-fifths majority will be required if the City Council is to order construction of this proposed public improvement project. RECOMMENDATION: The Bunker Hills street reconstruction project is feasible from a technical and economic standpoint, and can be accomplished independent of any other improvement project as proposed. recommend that Council consider all verbal and written (see attached) public comment presented relative to the improvement project and determine a course of action. Any project that does not address the drainage problems would be irresponsible and a disservice to those affected. The proposal presented at the public hearing which minimises adverse impacts to trees, landscaping, or other topographic features through shifts in the street alignment, and reductions in street widths is a compromise design which attempts to address most of the concerns expressed by the affected parties. While not perfect, it addresses existing drainage problems, and offers the neighborhood streets with service lives comparable to that of other Mendota Heights neighborhoods. In my professional opinion, the proposal to upgrade the streets to a street section consisting of a 3.5" thick bituminous pavement surface constructed over a 6" gravel base with concrete curb and gutter (except the gravel alley), and storm sewer where appropriate, is the best way to achieve the design goals in the Bunker Hills neighborhood. ACTION REOUIRED: Council should be prepared to order in, or cancel, the project as proposed for the reasons stated previously. If Council desires to proceed with the improvement project after considering all the information presented, they should pass a motion adopting Resolution No. 97-_, RESOLUTION ACCEPTING REVISED ENGINEER'S REPORT, ORDERING OF IMPROVEMENT PROJECT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HELLS NO. 2, SUMMERSET PLACE, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES. (JOB NO.,9514, EMPROVEMENT NO. 96, PROJECT NO. 3). City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 97 - RESOLUTION ACCEPTING REVISED ENGINEER'S REPORT, ORDERING OF IMPROVEMENT PROJECT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER BEELM INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS NO. 29 SUMMERSET PLACE, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (JOB NO. 9514, IMPROVEMENT NO. 96, PROJECT NO. 3) WHEREAS, a public hearing was held on the 21st day of October, 1997, at 8:45 o'clock P.M, or as soon as possible thereafter in the City Hall of the City of Mendota Heights, Minnesota pursuant to resolution duly adopted by the City Council of the City of Mendota Heights on the question of the proposed construction of the following described improvements: The construction of street improvements consisting of the acquisition of easements and the grading, stabilization, drainage and bituminous surfacing, construction of concrete curbs and gutters and storm pipes on the streets to be situated in the area hereinafter more particularly described. + S, due publication of the notice of public hearing on said proposed construction has been attended to; and WHEREAS, mailed notice of said hearing has been mailed more than 10 days before the date of said hearing to the owners of each parcel situated within the area proposed to be assessed, all in accordance with the applicable Minnesota Statutes, and WHEREAS, the City Engineer reported that the proposed improvement and construction thereof were economically feasible, desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minnesota and is more particularly described as follows: Those parcels abutting Arvin Drive, Hilltop Court, Hilltop Road, Ridge Place, Wachtler Avenue, Willow Lane, Valley Curve, and the gravel alley between Willow Lane and Hilltop Road west of Dodd Road. WHEREAS, the City Council then proceeded to hear all persons interested in said improvement and all persons were afforded an opportunity to present their views and objections to the making of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the feasibility report for the above described improvements is hereby accepted. 2. That it is advisable, economically feasible, expedient, and necessary that the City of Mendota Heights construct the above described improvements, and it is hereby ordered that said improvement be made. 3. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improvement. 4. That said improvement shall hereafter be known and designated as Improvement No. 96, Project No. 3. Adopted by the City Council of the City of Mendota Heights this 18th day of November, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS November 18, 1997 TO: Mayor, City Council, and City Administrator FROM: Marc S. Mogan os" Civil Engineer SUBJECT: Bunker Hills Street Reconstruction Correspondence Job No. 9514, Improvement No. 96, Project No. 3 DISCUSSION: Attached are copies of letters that we received at City Hall after Council packets were sent out, and the latest copy of a tabulation summarizing those results. ACTION REQUIRED: None. For Council information only. Wr Street rehabilitation Response Summary Bunker Hills Neighborhood City of Mendota Heights Marc S. Mogan, P.E. 11/18/97 OPTION RESPONSE TOTALS = Property Owner or Resident Date Response Recieved Property Address Total Reconst. Option 1 Bit. Overlay Option 3 Comments 1 Bayless, Ben & Beverly 10/28/97 821 Hilltop Road X 2 Boyum, Dave & Margaret 10/26/97 1940 Wachtler Avenue X Wants Name Off Mill & Overlay Petition 3 Brandes, Nancy & James 11/05/97 1882 Valley Curve X Resides On Gravel Alley 4 Caulfield, Gerome 11/14/97 1014 Sibley Mem. Hywy X 5 Coffman, Thomas & Margaret 11/05/97 1876 Valley Curve X Resides On Gravel Alley 6 Coulter, Ron 10/22/97 828 Hilltop Road X 7 Doyle, John & Mary 11/09/97 810 Ridge Place X 8 Gerfast, Sten & Alice 10/22/97 1802 Valley Curve X 9 Hagman, John & Joan 11/11/97 816 Ridge Place X 10 Jenniges, Gerard & Leona 10/22/97 800 Ridge Place X No Opinion On Petition 11 Klein, Frank & Joan 11/01/97 1826 Valley Curve X 12 Lucio, Susan 11/05/97 1888 Valley Curve X Resides On Gravel Alley 13 MacDonald, Chuck & Beth 10/31/97 816 Hilltop Road X 14 Madden, William & Diedre 11/11/97 825 Hilltop Road X 15 Reko, Al & Molly 11/14/97 809 Hilltop Road X Wants Name Off Mill & Overlay Petition 16 Sherlock, Richard & Mary 11/13/97 1822 Valley Curve X 17 Solem, Donna 11/05/97 1870 Valley Curve X Resides On Gravel Alley 18 Springer, Jerry & Marlene 11/03/97 820 Hilltop Road X Not Contacted About Petition 19 Stefani, Joseph & JoAnn 10/23/97 1820 Valley Curve X 20 Wiessner, Robert & Priscilla 11/07/97 824 Hilltop Road X 21 Wiessner, Glenn & Debra 11/07/97 779 Hilltop Court X 22 Joy, Samuel & June 11/17/97 828 Ridge Place X 23 Vince, Robert & Maureen 11/17/97 782 Hilltop Road X 24 Wild, Bettie 1 11/17/97 1819 Valley Curve X Wants to save oak tree near road 25 Worth, Bernard & Jane 1 11/17/97 1 1835 Valley Curve X OPTION RESPONSE TOTALS = 14 11 PERCENTAGE OF TOTAL RESPONSES = 56.0% 44.0% TOTAL NUMBER OF RESPONSES = 25 TOTAL NUMBER OF PROPERTIES = 74 PERCENTAGE OF PROPERTIES RESPONDING = 33.8% 17 1997 Mayor and City Council L� �� U City of Mendota Heights L-� --------- 1101 Victoria Curve Mendota Heights MN 55118 RE: Bunker Hills Street project 11-07-97 Gentlemen, The "petition" you referenced in your letter of today was not a petition, but an advocacy of its' bearer's position. I have spoken to several of my neighbors who signed the paper which Mrs. Bayliss was presenting. Then, simply to be agreeable neighbors, three of five families on Ridge Place signed that petition. When that petition was being circulated, I was very much on the fence and had not yet decided which of the proposals I would favor. However,the information which you provided to us regarding the handling of the water drainage in our neighborhood and the obvious long term benefits to the entire neighborhood have swung me over to the more permanent solution of curbs and gutters. I especially liked hearing that housing values are likely to be enhanced by the more engineered proposal. It seems to me that this is a time when our City government must do what is best for the entire neighborhood even if it may not be popular with everyone. Samuel M. Joy 828 Ridge Place 1%qndota Heights T7 Robert and Maureen Vince 782 Hilltop Road Mendota Heights, MN 55118 C, November 15, 1997 Mayor Charles E. Mertensotto Councilmembers John Huber, Jill Smith, Christine Koch, and Sandra Krebsbach Dear Mayor and Councilmembers: We attended the Oct. 21st, 1997 City Council Meeting with full anticipation that the petition presented by the majority of households in the Bunker Hills area would be honored by the council. We were surprised to find that there was a reluctance on the part of the council to vote for the choice that was made by our neighborhood. Although the mayor repeatedly expressed that you were not going to "shove anything down our throats", we came away with the impression that the council has an agenda, and that our wishes seemed to be contradictory to what you have decided for us. Only one council member expressed an opinion that reflected the request of the petitioners. We moved from Highland Park into the Bunker Hills area because of its unique rural setting within tl� tP a somewhat non -rural area. We have enjoyed our area and were pleased that we were one year ahead of the significant road reconstruction and chaos that subsequently took place in our old neighborhood. Our feeling of security is now threatened with a similar, but less justified, situation I in our new neighborhood. C, We took some time this past summer to drive through some of the streets where the option #1 construction was taking place. We talked to several of the neighbors there, and all we received was 0 C) sympathy from them in anticipation that we would soon be subjected to the same assault. As taxpayers and voters of Mendota g n givi Heights, we were all sent letters us a choice on three C) giving options for street construction. After having the opportunity to observe what is involved and what C� we would like to retain, the people of Bunker Hills have expressed, two to one, that option #3 is our choice. It is now up to you to honor our request by keeping your commitment as indicated in your original communication. Robert Vince i Maureen Vnce cc: Marc S. Mogan, City Engineer 0 - - November 14, 1997 90, Subject: Bunker Hills Street Reconstruction Project To: Mendota Heights Mayor & Council Members While I agree the streets in question need attention, I am opposed to widening Valley Curve beyond its present* 30 foot width. The Bunker Hills area has long reached its growth potential. If there is no additional traffic load to consider, the most likely result of increased road width is increased traffic speed. This raises a safety issue for children and other pedestrians and bicyclists in the area. 'Altbough the City has broad rights regarding boule- vards, it should not endanger any trees in this area. -to proceed with curbs and gutters. To be more specific, there is a beautiful oak tree bordering 1819 Valley Curve,(where I have resided for 39 y -ears) that would be damaged if the street was widened to accommodate a curb and gutter. The tree is located on the east side of Valley Curve directly opposide a fire hydrant on the west. Any widening on the east side would definitely destroy this beautiful tree. Thank you for considering my objections and I urge You to keep our streets at the present 30 foot width. Sincerely, Bettie Wild November 16, 1997 The Mayor and City Councillors, City of Mendota Heights, 1101, Victoria Curve, Mendota Heights, MN 55118 Dear Mayor and City Councillors, Bunker Hills Street Reconstruction Project 1835, ` VaLLEy LIT 4:-MFndota O4EL9fiL, ,--Ainn&iota, 55118 (612) 454-9005 r We wish to express our full support for the plan to pave the roads and to install curbs and gutters and storm sewers where appropriate. Yours sincerely, Bernard J. Worth and Jane S. Worth Street Rehabilitation Response Summary Bunker Hills Neighborhood City of Mendota Heights Marc S. Mogan, P.E. 11/14/97 OPTION RESPONSE TOTALS = 12 9 PERCENTAGE OF TOTAL RESPONSES = 57.1% 42.9% TOTAL NUMBER OF RESPONSES = 21 TOTAL NUMBER OF PROPERTIES = 74 PERCENTAGE OF PROPERTIES RESPONDING = 28.4% Property Owner or Resident Date Response Recieved Property Address Total Reconst. Option 1 Bit. Overlay Option 3 Comments 1 Bayless, Ben & Beverly 10/28/97 821 Hilltop Road X 2 Boyum, Dave & Margaret 10/26/97 1940 Wachtler Avenue X Wants Name Off Mill & Overlay Petition 3 Brandes, Nancy & James 11/05/97 1882 Valley Curve X Resides On Gravel Alley 4 Caulfield, Gerome 11/14/97 1014 Sibley Mem. Hywy X 5 Coffman, Thomas & Margaret 11/05/97 1876 Valley Curve X Resides On Gravel Alley 6 Coulter, Ron 10/22/97 828 Hilltop Road X 7 Doyle, John & Mary 11/09/97 810 Ridge Place X 8 Gerfast, Sten & Alice 10/22/97 1802 Valley Curve X 9 Hagman, John & Joan 11/11/97 816 Ridge Place X 10 Jenniges, Gerard & Leona 10/22/97 800 Ridge Place X No Opinion On Petition 11 Klein, Frank & Joan 11/01/97 1826 Valley Curve X 12 Lucio, Susan 11/05/97 1888 Valley Curve X Resides On GraveVAlley 13 MacDonald, Chuck & Beth 10/31/97 816 Hilltop Road X 14 Madden, William & Diedre 11/11/97 825 Hilltop Road X 15 Reko, Al & Molly 11/14/97 809 Hilltop Road X Wants Name Off Mill & Overlay Petition 16 Sherlock, Richard & Mary 11/13/97 1822 Valley Curve X 17 Solem, Donna 11/05/97 1870 Valley Curve X Resides On Gravel Alley 18 Springer, Jerry & Marlene 11/03/97 820 Hilltop Road X Not Contacted About Petition 19 Stefani, Joseph & JoAnn 10/23/97 1820 Valley Curare X 20 Wiessner,Robert & Priscilla 11/07/97 824 Hilltop Road X 21 Wiessner, Glenn & Debra 11/07/97 779 Hilltop Court X OPTION RESPONSE TOTALS = 12 9 PERCENTAGE OF TOTAL RESPONSES = 57.1% 42.9% TOTAL NUMBER OF RESPONSES = 21 TOTAL NUMBER OF PROPERTIES = 74 PERCENTAGE OF PROPERTIES RESPONDING = 28.4% Nov. 7, 1997 To: Mayor Charles E. Mertensotto Ms. Jill Smith Mr. John Huber Ms. Christine Koch Ms. Sandra Krebsbach As residents at 824 Hilltop Road, we wish to voice strong objection to the addition of curbs and gutters to our area. We strongly favor resurfacing the current blacktop. We moved to the area seventeen years ago, and one of the things we liked was the more natural area without wide streets with curbs and gutters. The streets serve the area well as they are. Very truly yours, �0- V XA'�' - , �- Mr. and Mrs. Robert A. Wiessner November 5, 1997 vCharles Mertensotto Jill Smith John Huber Christine Koch Sandra Krebsbach Dear Mayor and City Council: For the past 13 years we have lived in the Bunker Hills neighborhood at two different addresses. We like the neighborhood because of its rural flavor. It is unique in our city because of its mature trees, winding streets and most of all large lots averaging about an acre. It is also one of the older neighborhoods. Its appeal is the rural setting. The streets have functioned very well over the time we've lived here. No car accidents, no pedestrians hit ... etc. The school buses and garbage trucks do fine. The petition you received at the last meeting was signed by 45 of the 74 households in Bunker Hills in favor of smoothing and resurfacing (Option 3). This is approaching a two to one margin. It can't be ignored. Of the people on our street, Hilltop Court, six of seven homes signed it. There was no coercion they simply were asked what they wanted. Widening streets, cutting down trees, encouraging faster traffic is not what we need. If you happen the look of wider streets, less front yards, curbs fine; but please don't impose your personal tastes Sincerely, Glenn and Deborah Wiessner 779 Hilltop Court Mendota Heights, MN 55118 452-6446 more and to prefer and gutters, on us. , C. O � 1 G ct To: Mayor Charles Mertensotto Councilpersons: John Huber Christine Koch Sandra Krebsbach Jill Smith Re: Bunker Hills Street & Storm Water Containment Oct 23 1997 We understand that, at the Oct 211997 meeting, there was a bit of pressure brought to bear on the Mayor and Council in an attempt to divert your attention from doing what we know is the right thing to do regarding these streets. Should this minority be successful in swaying your opinions, it would be akin to "the tail wagging the dog". We strongly believe in and encourage; 1) new streets w/ curb and gutter 2) a revamped storm water runoff system 3) a close examination of, and improvement to, the creek system (in terms of the past erosion and sedimentation of 20 -odd years) which is required to handle the additional water downstream. Respectfully and gratefully, Joe & Jo ) A Stef i r— n,, 9 1820 V y Curve Rd M.H. 55118 454-5372 Noll 131 1997 111 Ll -J ij 602-J Alv�l /tea opo -5-,A z- 1,3 1v -�Ws- c -I -IX e,,e A,41D wry Fxb- fi Irlp-.9— V-At6t-� 6"llp— ��x 30 XEARS' . P,'74-O)tP667 IW114'� 01V R)be,-�-j 17'11,0eP Bete- ARZ5 /Yo 7'- AWAN7 o 7W-5 /W -25A. 5,���R�Ly yo�.�S, XOW&.2�—vS"ck 1822 'y Curve MndOW Azi�his, MN55118 Mayor and City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Subject: Bunker Hills Street Reconstruction Project U,J� - Please eliminate my name from the petitioners favoring a mill and overlay of the street. I signed the petition with incomplete information concerning the effects on my property. I now favor the original proposal. My property is 809 Hilltop Road. In a discussion with Marc Mogan and Randall Smith of 812 Hilltop Road (directly across the street from me), we agreed that taking 3+ feet from my front yard to save the pine tree on the corner of Smith's lot was probably not a good gamble, as the disturbance to the tree's root structure would likely kill it anyway. While we did not come to a decision on the subject, I would like Marc to keep it in mind as the project planning progresses. I will discuss this again with Randall to be sure that he is still in agreement. Thank you, Allan and Molly Reko " J 4,141 _ �� ✓'L� 809 Hilltop Road Mendota Heights, MN 55118 October 31, 1997 1Ylayor Charles Afertensotto City of Alendota Heights 1101 Victoria Curve Mendota Heights, tYIJY 55113 Mayor Afertensotto, Chuck MacDonald 816 Hilltop Road Mendota Heights, 11/11V 551.18 There are those in the-neahbdrhvoa in which we live that announce that they alone speak for the majority of residents in the Bunker Hill Addition. We are definitely not part of that voice. As a twelve-year resident I applaud you and the Council for the democratic approach to neighborhood improvements that you have taken. You have been more than one year patient, but for another year, we have been forced to attempt to navigate rapidly deteriorating roads While picturesque, it is a sea of blind curves with built in safety hazards caused by the rural nature. We too do not want to dramatically change the look but with speeding cars, we are an accident waiting to happen. These roads are becoming increasingly dangerous in addition to their decay. .This is my third attempt to lend our voice to the request to bring the roads in the Bunker Hill Addition up to the same standards that the rest of the area takes for ,ranted. We want streets with quality surfaces and with some attention paid to safety issues. Councilperson Jill Smith is concerned about ramming concepts and ideas down throats. If she lived in this particular section, she would have that as a frequent experience, since there are those amongst its who feel they are called to monitor and speak for the rest of us. Ifyoit not comfortable being bullied, you get shunned and your roads don't get improved because they tie up theisystem with one complaint after another. I support you in your elected capacity to announce that in spite of differences, the roads in this section are a disaster and there is a plain pragmatic need to no longer delay the process, but to make the necessary road surface improvements. In a word, please tell its that in the Sprin;u yoand the rest of the council will vote and order out road improvements and safeg features for the Bunker Hill Addition. .. Tkand Chuh MacDonald cc: Sandra Kresbach, Council member Jill Smith Council member Alare S. Morgan, Cin. Engineer 825 Hitttop Rd. Mendota Hts., MN 55118-4324 Oct. 24, 1997 Mayon, Changes Mentensoto Councitpens ons : Sandra KAebsbach J•i.,U Smith John HubeA ChiLi,,stine Koch City o6 Mendota Heights 1101 V.ictoA.i.a. CuAve Mendota HeigW, MN, 55118 In Ae: Bunker Hitt StAeet Improvement Dear Ladies and Genttemen, I was not at the Pubtic. HeaAing t" t Tuesday tegoAd.ing the above captioned matte&. I undeutand that a "suAvey" was presented to you by Ben Baytess. He i.6 my nextdoor neighboA and I get atong with him bine. The Bay.2es6es did not contact me about thi6 suAvey. I undeutand .they did not contact seveAat o6 my other ne.LghboAs . To my mind, this nates es questions about the pwtpos e and va id cty of this survey. We have a Ready had .two suAveys, one written a yeah ago and one oAa in September, both indicating that the big ma joA.c ty o6 tes.idents want cuAb and gutters. Now, at thi6 tate date, there .is anotheA suAvey .indicating that 60% o6 .the tes-ident6 want an oveAta.y. That means at teast 20 people changed thea minds. How was thi6 done? IS the survey takers were having that kind o6 success, why didn't they tatk to everybody? At best, th.%s .latest suAvey is de6ective and ahoutd not be conside%ed. I betieve that new streets with curbs and gutteA6 are needed and would be an improvement to the neighborhood and the City o6 Mendota Heights. The Lssues o6 trees and street width are den,ivati.ve o6 any street improvement and shoutd not be objections to improving stAeet6. I am sone otheA such .issues witt aA.ise during the coux6e o6 the .cmpnovement. It appears that there w.c,2t not be 1000 con6ensus on any pian to .improve the stnee 6 in our neighboAhood. That shou,2d not prevent you 6Aom doing what needs to be done now. I think you need to 6otZow youA city standaAds and vote doA new streets with cuAbs and gutters bon the Bunker HiUs aAea now. To delay tW another yeaA wilt not et iminate any diveu iveness that may be present now but agA.ivate it and dxr ve up costs Gunther. Thank you. Witham J. Ma den cc: Maic Mongan v November 1. 1997 Mayor Charles Mertensotto Counr_.ilmembe John Huber Counci 1 memp,6r Jill Smith Councilme ber Christine Koch Council ember Sandra Krebsbach FRANK & JOAN KLEIN 1826 VALLEY CURVE MENDOTA HEIGHTS, MN 65118 This letter concerns the Bunker Hills street project. It is in support of the Bituminous Overlay manner of improvement as requested in the petition delivered to the Council on October 21. In early meetings on this matter, it was suggested that Council decisions can properly be influenced by neighborhood consensus building and by petition. This is what was attempted in our petition efforts. The process, I think, was quite democratic. Certainly, "no" votes were encountered; however, a majority of "yes" votes came about, usually through friendly, neighborly discussion. The result: 60% in favor of Option 3 - Bituminous Overlay. The Bunker Hills development is a unique area in Mendota Heights. It has wonderful trees, remarkable hills, and interesting, varied streets. The objective in our approach to the street project is to Preserve this uniqueness. This preservation effort may be contrary to some notions of modern street construction work. Yet, most of the people in this community choose the "preservation" over the "modern" approach. We moved to Bunker Hills because of the "rural" aspect of the area. We left the modern, curbed, guttered, sidewalked streets of Highland - Park in St. Paul. It is not our desire to replicate the St. Pau -1 streets in Bunker Hills. There are some concerns about drainage problems. Our property, 1826 Valley Curve, is at the very basin of the drainage flow. We have no yard or basement water problems. Hopefully, drainage problems that do exist on some properties can be attacked without curbing and storm sewering the entire development. None of the council members live in the Bunker Hills area. Should the council approve the more extensive approach, please try to appreciate the resulting disappointment that would be felt by the majority that favor a simple overlay and live in Bunker Hills. In our efforts to obtain consensus, we also determined that people were anxious that street improvements be made soon. One man declined to sign the petition, even though he favored the overlay option, because he was afraid that further discussion might delay any street work. We want to avoid delay. We would like to see the Council approve the simple Bituminous Overlay option #3 as soon as possible. It would be our hope that the contract could be bid and awarded this winter, with the work being done in early spring, preferably by June 11 1998. Our requests are made in a spirit of respect for your duties as council people. In our efforts at consensus building and petition gathering, we have also tried to respect the democratic process. Sincerely, 17 800 Ridge Place Mendota Hts., MN 55118 OCT `� ,. October 22, 1997 f x Charles Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Honorable Mayor: RE: Bunker Hills Street Reconstruction Project: Please put us on record as being in favor of the proposed 3.5" Bituminous pavement over a 6" gravel base with curb and gutter. We were in attendance at the October 21, hearing, when a petition was entered with many people supporting the overlay surface for Bunker Hills. We feel this petition is highly biased. This person from Hilltop Road came to our door on October 20, asking us to sign this petition. She stated that everyone in our neighborhood' had signed already; along with many other half truths, such as: 1. The city would pay for 25% of this overlay project. 2. The water problems would be met for those who needed it. 3. There would be more trees lost than indicated. 4. There would be a six month period of construction, with much difficulty in getting into our driveways. 5. We'd have more traffic on our streets when completed. People are easily mislead with this sort of petition. In some instances I know where one person in a household signed, without the knowledge of the other, and they were completely opposed. We urge your support of this project, as it is the most sensible and correct thing to do for the future of our neighborhood. The first survey indicated that was the majority of the peoples wish, and after the September meeting, which Mr. Jenniges attended, he indicated that almost everyone seemed to approve the project as stated in the October 8, letter. We desperatly need a new street, as it was in terrible shape after the '96-'97 winter. We can't afford to delay this project any longer. Wg will put up with the inconvenience of construction for such an improvement. Thank you for your consideration! Sincerely, Gerard and 'eona Jenn ges FROM : STEN GERFAST PHONE NU. 454 ly�� To the Mendota Heights City Counsil FAX 452 8940 Thank you for doing a good job on a difficult issue. Re. Bunker Hills Street Reconstruction On Sunday October 19th I was asked by Mrs Bayless to pass a petition and survey Uct. 22 ly5( by:.JLJHM F'J Mayor Mertensotto Counsil member Hiner Krebsbach Smith Koch Marc Mogan my neighbors in the .lower Valley Curve area r [with the exception of 2 houses that she had surveyed] I did point out to her that the issue of water run-off from the Hilltop area that flows down into the lower Valley Curve area was.not addressed in her petition and that the dollar amounts at the bottom lines of her petition where not "official approved numbers" but could "sway" people. Nevertheless I agreed to do a survey. Among the persons that I found home in the lower Valley Curve area I did not find any person willing to sign the petition, and that thev still favored "Curb and Gutter' After the Council meeting on October 21 the owners of properties 820 Hilltop and 828 Hilltop stated: "they were never asked by Mrs Bayless and were in favor of Curb and Gutter" , Mr. Reko [ 809 Hilltop] said " I was pressured to sign but I am going to change my mind in favor of curb and gutter." In my opinion an impartial survey where both members of a household have time to discuss the issue....... and send it in the mail to the City Council such as the 1996 City of Mendota Heights " Bunker Hills" survey is a more reliable indicator of the opinions of the neighborhood. Respectfully n ,� I was asked by some of my neighbors: Can the "Request for Bids" be written to include "construction to be concluded within X weeks from starting date ........Penalty of X S per week if not...." ? Regardless of what options the Council selects...... Could you consider it ? 11/14/97 Mayor Charles Mertensotto Council member John Huber Council member Jill Smith Council member Christine Koch Council member Sandra Kresbach OZ 197 ---------- This letter is in regards to the Bunker Hills street project.. I am reminded of the old saying that this is a Government of the people, by the people and for the people and that majority rules. If that is still true then you have no other choice but to vote for a Bituminous Overlay. I have checked with seven Realtors and not one of them agreed with the mayor and the treasurer on the curbs and gutters increasing the value of the properties. Quite the contrary as it ends up being a negotiating -item. Sellers tend to raise the sales price of their home by the amount of the assessment and buyers reducing their offer by the amount of the assessment I also checked with the county assessor and found that streets curbs and gutters are not part of the house assessment process. Only sales in the neighborhoods are. I have looked at many houses in the Mendota Heights area and find that almost all are selling for less than the asking price. Three houses.in- the Bunker Hills area sold for less than the asking price. They would have sold for less had the assessment gone through at $4600 instead of $2700. 1 also would like and explanation of how the streets, curbs and gutters cost was estimated at 4850 then reduced to $4600 and then the 6 or 8 people on Valley Curve are going to be assessed and we don't get ours reduced any more. I would also like a more detailed explanation of why we are paying more than the people on Lalic Lane, not just the number of houses. I am also requesting a city contribution equal to the same proportion that you were willing to use for streets, curbs and gutters which was 50%. Failure to do this gives the impression that you are punishing us for not going along with the curbs, streets and gutters option. As a taxpayer and a voter I feel this is unfair. I would also like to know why you would charge such a high rate of interest if the assessment is not paid in full at the time of completion. Government Bonds as an investment aren't paying that well. Gerome T. Caulfield DAVID A. BOYUM 1940 WACHTLER AVENUE MENDOTA HEIGHTS, MINNESOTA 55118 (612)456-9460 Mayor Charles E. Mertensotto 2371 Rogers Mendota Heights, MN 55118 26 October 1997 I am writing this letter to the Mayor and other council members to let you know my position on the Bunker Hills addition street improvement plan. I have lived in Mendota Heights for the past 3-1/2 years after retiring from the Air Force and plan to live here another 10-15 years. I attended the council meeting last fall when you first presented the plans for street improvement and the addition of curb and gutter. I responded to your questionaire and stated that my only concern was that the evergreens in front of my house near the road are preserved. I was unable to attend the 30 September meeting due to parent teacher conferences, but attended the last council meeting on 21 October. In listening to the city engineer, it appears my evergreens will not be in danger of being lost. Yes, I did sign the petition that was presented at the last council meeting. After listening again to my neighbors concerns and those of the council I agree that you have a difficult decision to make to put this issue to rest. If it is true that the overlay of asphalt will not be an effective measure over the long term and that storm sewer problems - exist in other parts of Bunker Hills, I urge you to then vote for curb and gutter. I'm not happy about the amount of money I'm paying, but I don't want to pay a couple of thousand dollars for the overlay only to go through the same decision process in another 5 years because the overlay did not hold up. If you have any questions, please do not hesitate to call me. Sincerely, - BEN BAYLESS 821 Hilltop Road Mendota Heights, MN 55118 October 28, 1997 Mayor Charles E. Mertensotto Councilmember John Huber Councilmember Jill Smith Councilmember Christine Koch Councilmember Sandra Krebsbach Dear Mayor and Councilmembers: I would like to clear up some misunderstandings that occurred during the City Council meeting Oct. 21st, 1997 in regard to the street reconstruction proposal for the Bunker Hills neighborhood. To the Mayor and Councilmembers I presented folders containing 7 pages of Petitions signed by 44 households that were,in favor of a bituminous overlay, or Option #3. These signed petitions represent 59.5% of the 74 households in Bunker Hills. Eight households switched from wanting Option #1 to Option #3, and 4 households switched from Option #2 to Option #3, thus, a change of 12 households to Option #3. I feel this is a very significant development for you to consider. Unfortunately, a little later in the proceedings my wife, Beverly, referred to these petitions as a "survey." This possibly caused the Mayor and some Councilmembers to also call the petition a survey. (As a sidelight Bev and I are still very happily married!) Another item I'd like to clear up is that the Mayor referred to the folder as "a survey done by the Bayless's." Actually, these petitions were carried around the neighborhood and signatures were secured by: Frank Klein, 1826 Valley Curve; Glenn Wiessner, 779 Hilltop Ct.; and Beverly Bayless. I do Piot i 1 ke to See Ot1,r neighborhood COnt i riUa i I y Coill�iared to Friendly Hills as they are so different in topography, lot size, age, location, appearance and value of the houses. We bought our home exactly 22 years ago and the market value has more than tripled, without new streets, curbs and gutters. Every home in Bunker Hills is well maintained and landscaped, and has been. I would suggest that the money saved from cement curbs and gutters should be used to improve the drainage system in the low areas in Bunker Hills, where its needed. This should make most of the households happy. Sincerely, Ben Bayless cc: Marc S. Mogan, City Engineer Frank Klein Glenn Wiessner November 5, 1997 City of Mendota Heights 1101 Victoria Curve Mendota Hts MN 55118 To: Mayor and Council Members of Mendota Heights From: Residents of Bunker Hills Neighborhood — gravel alley section of Valley Curve Subject: Bunker Hills Street Reconstruction We, the undersigned, do not support the reconstruction of streets in the Bunker Hills neighborhood with curb and gutter. We do support a street overlay on the existing widths of all currently paved streets. We do not support turning a segment of Valley Curve into a path. We also want the gravel road that provides access to our homes to remain a gravel road. Signature Name (printed) Address I -Sc' L 6 I'l , 3 61 (3e -e 5 h/6 to )-05 Ll Carve swkA(Ae - 1" J6-11( e k U 11-e, f5 Si 1q1J D i de -f13 11*3 YC a r O -K 74 r Ker(-�J 0-.z' -sit V& Ronald J. Coulter 828 Hilltop Road St. Paul, MN 55118 612-454-3837 To Each Member of the City Council Mendota Heights City Hall Dear City Council Member, After having attended the last two hearings on the Bunker Hills Street Project, I wish to express my opinion in favor of the full street reconstruction with curb and gutter. I do not believe you should attach much importance to that petition presented by Mr. and Mrs. Bayless. It is not a true statement that everyone was contacted, since I was not asked to sign it, and talked to two others that had never been asked to sign the survey on the way out City Hall. The validity of the survey is suspect because of the way the questions are worded and the influence the persons taking the survey can have over their friends and neighbors, who might be pressured to sign to avoid conflict, or who might be convinced to sign based upon facts and representations that might not be accurate, that could be misleading or biased. Regardless of the purported results of the survey, we do not have a direct democracy itt this country, but a representative democracy -leaders chosen by the electorate to be informed and make the best :visions for the people, rather than allowing the rule of popular opinion, which can't be fully informed on -very issue and can be subject to the latest whim and and influence. It is your duty to exercise leadership, not try to chase a public opinion that can be fleeting and poorly informed. Someone exercising leadership would choose the solution that appears to be the best long-term choice: a full street reconstruction with full curb and gutter. This would solve the various drainage problems, improve the appearance of the neighborhood, have a longer expected life, provide a substantial appreciation in the value of the property (according to the mayor's figures for neighborhoods already having the new streets), and simplify and improve winter plowing. All for an average cost of 5334.65 per month. An alternative choice, putting an overlay over the existing road, does not appear to be the best choice. Any construction project is only as good as its foundation. Putting a layer over an existing foundation that is cracked and crumbling apart is a waste of money. To save half of 534.65 a month, approximately, we would get a street that would not last nearly as long, would do nothing to solve drainage problems, wouldn't pay itself back with increased property values, wouldn't look as nice, and wouldn't help the snowplow driver to know the edge of the street. That is a false economy. I don't believe there is any family in the neighborhood that wouldn't be able to afford 535 rather than half as much a month for the better choice. And why should the existing people in favor of this false economy be allowed to prevail at the expense of all future owners who will come and go over the years and would benefit from from a street constructed to a better standard. An elected representative ' ' should look beyond the current tide of public opinion to make the best Iong-term choice. Giving people what you think they want based upon the latest survey is not the way leadership should be exercised in this country. I own a small cabin up north and we went through a similiar situation and the city council made a very ',ad choice, rather than the correct one. Even though a healthy majority in the city survey were in favor of a new sewer system and replacement of the existing private blacktop road, the animosity and -ontroversy of those opposed caused the City Council to do nothing, requiring us all to replace our septic systems instead of doing the city project. Many people spent as much or more to install their replacement septic systems as they would have spent with the city project, but without getting the replacement road we could have used. We have spent many thousands of dollars extra to repair our private road through our neighborhood association. Now, seven years later they plan to come through with the sewer anyway. If they had only exercised the leadership required then, we could have saved hundreds of thousands of dollars as a group, avoided replacing 66 septic systems individually, avoided the bother of trying to repair a crumbling road, and been over and done with the installation of a sewer system that would have met our needs for many more years than the septic systems. They made a poor decision and wasted a lot of time and money because they took the easy way out in the short run -they did nothing and passed the decision on to someone else. They could have exercised leadership and done it the right way the first time to the long-term benefit of all concerned, past and present. Instead, they were swayed by a vocal opinion and made the wrong choice. You face virtually the same situation -you could pass the buck and do nothing at all, you could do a cheap, ill-advised overlay that will cost more in the long run from greater repairs, a shorter lifespan and earlier replacement, and which doesn't address the drainage problem, or you could select the thorough project prepared by your professional engineer that tries to address and correct the various problems with drainage and heavy maintenance from a road beyond its useful lifespan. You can be sure that people will thank you in the long run for choosing the full reconstruction with curb and gutter, just as they have in the other neighborhoods who have received the benefits of their projects. No one will appreciate you for doing nothing, or for building a cheap road that falls apart way before its life expectancy. Sincerely, Ronald J. � oulter October 22, 1997 cc: 5 City Council Members Marc Mogan JL ROY 0 3 1997 O,ZC 4f/j < h - /s T-/ A/ e %'--G /Y A '1u14 -S q- Ila 9 A /C,, 7- 2`/ Z7 -S-u 1-"e>l 4 lsS AJO i 4) TtS� 7"//- c �r f ,e .�' as /_ f4 -,VO Itl D TO ,� 7 y 7i Iv lc�i IV G /�% S i ?'" r9 rad G v,5 �c�•e i r� `> .•�'� � so i-7- � �P�.a2 .S �`�s`�=- Y s"v.e. v � � o�v.�. y' �'c;�,+=rte .�. f �- 1 _ -717' ' S i� �.LJ� �✓'.si-/i.fi .ti D dry �,� t� �tS ..� 7- ,q ,©rte%= nZ rc',S �`I�', i 60 / C o c tJ tv/�L r � ' S � "rte / .; •.•� ,c.'- : - � .� ?"' � U •� :./ .� �!' / S �C.1 c r= � c T -i ice,, r -�.-V O'(-/ c.�: tJ 5 / O I'-',�o C 7-,1,4 ll%4,7-0'11^%' rr y U ✓ L C� /V, cftIG C OtJ-� %�= I G f�G'G.0 /`7 �� .moi r✓ r /t✓'tom /�' L / .C- I fL ✓ C i Cr = �' Cr �� /,76 /i Lt�'G�%� L: --- f_ /,�✓.!�-cC' J � o.4r•.-t�G r= G�-� I ; /� :"-' �..` u, .�. .-, NIC c., 5 P,1�1, 1 !inni,—sots ;>�>� 1� F1•: ,�j �y /Ykz tol-4-l" 4tf �'�i,� die �0`�.rn,L���'�� it�tit��� ���•�;ar.��e , CITY OF MENDOTA HEIGHTS X11 November 14, 1997 To: Mayor and City Council From: Kevin Batchelder, City Administrator Subject: Preliminary Consideration of CDBG Grant Application DISCUSSION Each year, the City of Mendota Heights receives a share of Dakota County's Community Development Block Grant (CDBG) funds. By the end of the year, the City of Mendota Heights must submit our application for 1998 funding to the Dakota County Housing and Redevelopment Authority (HRA). It is the intent of this memo to present the request for applications to City Council and to seek direction from Council about using our CDBG allotment in 1998. A proposed application would then be presented to City Council at a later Council meeting in December. Attached to this memo please find a memorandum from Mr. Lee Smith, of Dakota County HRA, regarding this year's CDBG application. Although it is not yet known what the fmal 1998 CDBG allocation for Dakota County will be, the Mendota Heights allocation is estimated to be between $37,000 and $40,000. In past years, the City has used CDBG funds for various programs such as housing rehabilitation loans and for assessment abatements for seniors impacted by public improvement projects. In addition, for a five year period, Mendota Heights allocated it annual CDBG allotment towards the public improvements for the Parkview Plaza senior homes. The rehabilitation loan program is a revolving loan program and monies from previous years are put back into this program. Following the submittal of the Mendota Heights application, the CDBG District 2 Review Committee will consider the merits of each application. This Committee is comprised of City representatives from those cities within the District. Councilmember Koch is our appointed representative on the District 2 Review Committee. ACTION REQUIRED Consider the 1998 CDBG allocation and provide direction to staff about the city's application for, and use of, this grant money. DAKOTA COU ®moi HOLISIII�'& Redevelormletit AL[thorit\- 241 W. TDA) M-1-4-1 i -MS -2- FA\ hl MEMORANDUM TO: Participating Cities and Townships in CDBG District 2 FROM: Lee Smith, Dakota County HRA DATE: 10/21/97 RE: Dakota County Community Development Block Grant (CDBG) Program Application for 1998 Enclosed is the application form for Dakota County's Community Development Block Grant Program for Fiscal Year 1998. This form, with supporting documentation and a resolution of the governing body of the municipality (a form of resolution is provided for your information), must be returned to the Dakota County HRA no later than December 31, 1997. The funding amount for FY1998 is not known at this time, but is expected to be about the same as in 1997. Based on the 1997 funding amount and the most recent formula allocation provided by the U.S. Department of Housing and Urban Development, District 2 would receive approximately $445,000 as its share of the County's grant. We suggest that you use the above funding amount as a guide when preparing your 1998 application. We will notify you when the 1998 funding amount is known so that application requests may be amended if necessary. Funds are generally awarded to applicants within the District on a competitive basis; the contribution of each City to the total District allocation (which is largely a factor of population) is also considered when funding recommendations are made by the District 2 CDBG Committee. For your information, a breakdown of each City's percentage contribution to the total District funding according to the current HUD formula is enclosed. CDBG Program funds generally can be used for projects that provide a benefit to persons of low and moderate income or that "AN ELL AL OPPORTUN MEN I PLO11'\" aid in the elimination of slums or blighted conditions in communities. If you have questions about the program or about the eligibility of proposed activities, please call this office. Questions should be directed to me at 423-8113 or to Diane Nordquist at 423-8112. Either of us will be happy to assist you in preparing an application or in documenting the eligibility of a proposed activity. CDBG recipients with on-going projects may also request reallocation of unused funds at this time, if desired. Please call us to discuss the reallocation process. CDBG Program funds for FY1998 will not be available for commitment to project activities until after July 1, 1998. In order to meet all documentation required for funding approval by the Department of Housing and Urban Development we must begin the application process at this time. Your cooperation in meeting the proposed application deadline will be greatly appreciated. We look forward to working with you in 1998! Inver Grove Heights 34.26% South St. Paul 31.32% West St. Paul 25.26% Mendota Heights 8.30% Lilydale .35% Sunfish Lake .35k Mendota .17% Dakota County Community Development Block Grant Proposal Fiscal Year 1998 Legal Name of Applicant Legal Address of Applicant Community Development District City State Zip Contact Person Title Project Name Brief Description of Project Amount Requested Phone Number 1. Has this project received CDBG funding before? Yes No 2. Project duration: One Year Other (Specify): Proposed beginning date: Proposed completion date: 3. Grant funds will be used for: Acquisition Clearance Activities Disposition Economic Development Planning Public Facilities Public Services Rehabilitation Other (Specify) : 4. Federal objective addressed (attach documentation): Benefit to low and moderate income persons - Total number of persons benefitting: - Percentage of low/moderate income: Aid in the prevention or elimination of slums and blight Alleviation of urgent community development need S. General description of the project (include project goals and importance to community) - attach additional pages if needed: 6. Description of project area (attach map): 7. 8. Census tract/block groups) included in area: Construction schedule: Not Applicable Applicable If applicable: Estimated date construction will begin: Estimated date construction will be completed: Project cost: Total project cost: $ Amount of C.D. Grant requested:$ _ (Percentage of total project cost): Source and amount of other revenue: 9. Budget summary by activity: Activity CDBG Other/List Source Total $ $ Source• Source• Source: Source: 10. Additional supporting items submitted with proposal (check if attached): Benefit documentation (See question 4) Resolution of governing body requesting grant Additional project information Map or sketch outlining project area .� . Professional's certification of feasibility and accuracy of scope and budget (engineer's, architects, etc.) Letters in support of project/or letters of commitment Other (Specify): Certification I certify that the statements and application requirements of this official proposal are correct and that this proposal contains no misrepresentation or falsifications, omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief, and that no bids have been awarded, contracts executed, or construct ion= begun on the proposed project, and that none will be prior to issuance of a Release of Funds Notice by the program administrator. Signature of Authorized Official Date Title 0 n CITY OF DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF FOR FISCAL YEAR 1998 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE IT RESOLVED by the City Council of the City of as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 1998. 2. The application is approved by the City Council and the Mayor and Deputy City Clerk are authorized to execute it on behalf of the City of 3. That the Dakota County HRA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of 19_ Ayes: Nayes: ATTEST: Deputy Clerk this day of Mayor CITY OF MENDOTA HEIGHTS November 13, 1997 To: Mayor and City Council From: Kevin Batchelder, City Admin�str�tor Subject: MASAC Representation - Proposed Change to Bylaws DISCUSSION The MASAC Executive Committee has been discussing changes to the composition of the MASAC board, at the urging of the communities on both ends of the parallel runways. Minneapolis and Mendota Heights, in particular, have felt that the amount of representation on the MASAC board did not reflect the actual conditions, or operations, at the airport. On October 9, 1997, the MASAC Executive Committee made a recommendation to the MASAC board to consider a by-laws change that would increase the size of MASAC from 34 to 38 members. This change would give Minneapolis two additional representatives for a total of six. Mendota Heights would increase from one member to two, as would the City of Eagan. The City of St. Paul would lose two of its three members and all other cities would keep their current levels of membership. The industry side of the table would increase by two members from certified airlines using MSP. (Please see attached October 9, 1997 minutes of the MASAC Executive Committee meeting and the attached Proposed Amendments to the by- laws of MASAC.) This proposed by-law amendment was presented to the MASAC board at their October 28, 1997 meeting. It will be voted on at the November/December meeting. Traditionally, MASAC combines its November and December meetings on the first Tuesday evening of the month. Because this coincides with the City Council's regular meeting, our representative, Councilmember Jill Smith, and our alternates, Mayor Mertensotto and myself, are not able to make this meeting. The Airport Relations Commission reviewed and considered this proposed change to the MASAC By -Laws at its November 12, 1997 meeting and supports the increase in membership for Mendota Heights, Eagan and Minneapolis. The Commission also suggested that if MASAC is having problems finding enough industry representatives, that a seat from the Northern Dakota County Chambers of Commerce (NDCC) could be added, as both the Minneapolis and St. Paul Chambers are represented. Joe Leuman, Vice Chair, has indicated that he can attend the November/December MASAC meeting to represent Mendota Heights. (Please see attached Resolution No. 97-63.) 9 OW010101011 The Airport Relations Commission voted unanimously (7-0) to recommend that City Council approve the MASAC By -Law Amendments and suggest to MASAC that the Northern Dakota County, Chambers of Commerce be considered for one of the industry seats that are being added to MASAC under the proposed by-law amendments. ACTION REQUIRED If the City Council desires to implement the recommendation, they should pass a motion directing our MASAC Alternate Representative (Mr. Joe Leuman) to vote in favor of the proposed MASAC By -Law Amendments and to suggest to MASAC that the Northern Dakota County Chambers of Commerce be considered for one of the industry seats that are being added to MASAC under the proposed by-law amendments. 11/07/1997 09:50 6127256310 MAC AVSAT PAGE 02 MINUTES MASAC EXECUTIVE COMMITTEE OCTOBER 9, 1997 The meeting was held at the Metropolitan Airports Commission West Terminal Conference Room and called to order at 9:35 a.m. The following members were in attendance: Bob Johnson- Chairman Tom Hueg - Vice Chair Jennifer Sayre - NWA Dick Keinz - MAC John Richter - Minneapolis Mayor Charles Mertensotto - Mendota Heights Guests: John Nelson - Bloomington Representative Joe Lee - Minneapolis Representative Mark Salmen - NWA Representative Kevin Batchelder - Mendota Heights Alternate Advisory: Chad Leqve - MAC AGENDA Before the first item of the agenda was discussed, Dick Keinz, MAC, noted that Traci Erickson, John Foggia and Joe Harris had left the Aviation Noise Programs office to begin their own business and that Roy Fuhrmann (who had previously been with the noise office) would be taking over as manager of the office. He said Roy would act as the Technical Advisor to MASAC beginning October 13, 1997. He noted that MAC had no contract with Mr. Foggia's new company but would be able. to continue to consult with Mr. Foggia on an informal basis during this transition, as necessary. MASAC MEMBERSHIP Chad Leqve, MAC, explained that the handout was a proposed attachment to the bylaws. He explained the process staff developed to weight the three noise variables (DNL level, number of parcels, and flight tracks). He said that since the emphasis from the previous meeting was on the number of people (ears) affected by aircraft noise, the parcel counts were weighted heaviest with 70%, while the DNL level and the flight tracks were both weighted at 15% each. 11/07/1997 09:50 6127256310 MAC AVSAT PAGE 03 He said a definition of each variable and how they were determined had been documented for future analysis. He said a program in Lotus had been written so that in the future the variables could be input and the program would automatically calculate the number_ of members for each community, accordingly. He also noted that two members were added to each of the PUBLIC and USER groups before the analysis was run, which will give both groups 19 members. He then displayed an overhead that showed the outcome of the analysis. (See attachment.) A discussion ensued regarding where the two additional USER group members would come from. Chad Leqve, MAC, said the two new USER members would most likely come from the scheduled, certified airlines. Chad also noted that a membership analysis would be done every four years with the current representatives and alternates being either reappointed or replaced. Joe Lee, Minneapolis, mentioned that if a major change to the flight patterns occurred within 4 year time period, MASAC would be able to evaluate membership at that time rather than waiting. Kevin Batchelder, Mendota Heights, asked how representatives were currently being reappointed. Chad Leqve, MAC, read the pertinent section of the bylaws saying that the bylaws, as they are now, leave reappointment open-ended. If a representative is not officially reappointed, their appointment is continued until another appointment is made. Mr. Leqve said the purpose of the proposed change in the bylaws was to make sure the appointing authorities were addressing their membership for MASAC every four years. Kevin Batchelder, Mendota Heights, said his concern was that every member would be up for reappointment at the same time. He said every four years it could be conceivable that a whole new council would be appointed. There was a discussion on the likelihood of that scenario. It was decided that such an occurrence would be highly unlikely. John Nelson, Bloomington, noted that a parallel amendment for the USER additions would need to be included in the proposed amendment to the bylaws. JENNIFER SAYRE, NWA, MOVED AND JOHN RICHTER, MINNEAPOLIS, SECONDED TO FORWARD STAFF'S PROPOSED CHANGES TO THE BYLAWS TO THE FULL MASAC COUNCIL FOR CONSIDERATION WITH THE ADDITION OF A LIST OF THE USER MEMBERS THAT NOTED THE ADDITION OF TWO MEMBERS TO THE SCHEDULED, CERTIFIED AIRLINES USING MSP AND THE REQUIREMENT THAT EVERY TWO YEARS THE APPOINTING AUTHORITIES VERIFY THEIR MEMBERSHIP. THE MOTION CARRIED BY UNANIMOUS VOTE. Kevin Batchelder, Mendota Heights, asked Chairman Johnson what the P&E committee had decided to do in response to Minneapolis' recommendation for MAC to evaluate MASAC. Chairman Johnson said the P&E Committee directed staff to conduct a survey of MASAC 11/07/1997 09.58 6127256310 MAC AVSA TPA AGE 04 members regarding their perceptions of the Council, its membership and activities and report back their findings for further consideration. Mayor Mertensotto, Mendota Heights, commented that he didn't think it was fair for additional PUBLIC representatives to have to wait to become members until there were available USER representatives to balance the council. Jennifer Sayre, NWA, said that if no other airline is interested in adding members, Northwest Airlines would be able and willing to do so. Kevin Batchelder, Mendota Heights, said that if MASAC approved the changes to the membership, it would be the responsibility of the airlines to add the two members, regardless of the appointment of the two additional PUBLIC representatives. Chairman Johnson asked the secretary to draft a letter to the 6 other scheduled, certified airlines asking about their interest in adding members to MASAC to be mailed as soon as possible. Chairman Johnson said the letter should include a timeline for a response. There was a discussion regarding the process of how this recommendation would go to vote at the full MASAC council and how members would be reappointed, replaced and/or newly appointed. It was decided that Staff and the chairman would brief the full council at the October 28, 1997 meeting with a vote scheduled for December 2, 1997. If passed by MASAC, the bylaws and new membership changes would go into effect beginning in January 1998. Chairman Johnson adjourned the meeting at 11:05 a.m. Respectfully submitted: Melissa Scovronski Committee Secretary 11/07/1997 09:50 6127256310 MAC AVSATPAGE 05 Proposed Amendments to MASAC By -Laws Article H.- Membership Paragraph 3 Changed to read: Representatives and alternate representatives shall be appointed to serve for four (4) year terms, whereupon that representative will be up for reappointment or replacement. Failure by the appointing authority to notify in writing will result in the loss of voting privileges for that position until an appointment is made. Every two (2) years in February, staff shall mail out a copy of the current membership roster to each of the appointing authorities, representatives, and alternates for validation. Vacancy, arising by reason of death, resignation, disability to act for the member by whom appointed, or for any other reason, shall be filled by the appointing authority for the remainder of the term of the member being replaced. Akl Paragraph 4 User representation is changed to reflect the addition of two (2) representatives of the scheduled certified airlines using the Minneapolis/St.Paul International Airport, bringing the total to 19, reflecting the following: 10 Representatives from the certified airlines using the Minneapolis/St. Paul International Airport. 4 Representative from the Minnesota Business Aircraft Association (MBAR). 1 Representative from the Air Line Pilots Association (ALPA). 1 Representative from the Minneapolis/St. Paul Metropolitan Airports Commission (MAC). 1 Representative from the St. Paul Area Chamber of Commerce. 1 Representative from the Greater Minneapolis Area Chamber of Commerce. 1 Representative from the Air Express/Overnight Express Air Carriers. I Representative from the Charter Air Carriers. 2 Representatives from' the Cargo Air Carriers. Public representation• is changed to reflect the addition of two (2) representatives bringing the total to 19, as well as a redistribution of the membership. Public representation changed to reflect the following distribution: 6 Minneapolis 2 Mendota Heights 2 Eagan 2 Bloomington 2 Richfield I St. Paul I Burnsville I St. Louis Park 1 Sunfish Lake 1 Inver Grove Heights (2nd Sentence) Reevaluation of membership composition thereon, through amendment of the Articles of Incorporation andlor the By-laws, shall occur every four (4) years by the first of January, considering material changes in the population or directly affected governmental units or change in the impact on governmental units by reason of changed flight patterns. Quantification of such determinates shall occur via the method outlined in Attachment 1. 11/0711997 09:58 6127256310 MAC AVSAT PAGE 06 Attachment #l: MASAC membership composition will be determined as a function of three weighted variables. DNL 65 parcel counts, aircraft overflights, and community DNL levels are the designated determinates in the evaluation. In an effort to quantify accurately the existing impact to each community the following weighting scheme shall be used: DNL 65 parcel counts = 70%, aircraft overflights = 15%a, and community DNL levels = 15%. The criteria used to define these factors is as follows: DIn 65 parcel counts Via ArcView lot parcel data and the approved DNL 65 contour, a count of parcels within the DNL 65 per community is conducted. Aircraft Overflizhts Staff will select a representative sample of flight tracks, one week from each quarter. Using ANOMS flight track data an over flight analysis will then be conducted using the following operations consideration per community: • _ inneapolis- RWY 30L & 30R departures, RWY 12L & 12R arrivals • ltiiendota Heights- RWY 12L & 12R departures, RWY 30L & 30R arrivals • Eagan- RWY 12L & 12R departures, RWY 30L & 30R arrivals • BIoominzton- RWY 22 departures, RW.Y 04 arrivals • Ric field- RNVY 30L & 30R departures, RWY 22 departures, RWY 04 arrivals • St. Pau_1- Rwy 04 departures, RWY 22 arrivals • Rurnsvillc- RWY 22 departures, RWY 04 arrivals • St. Louis Park- RWY 30L & 30R departures, RWY 12L & 12R arrivals • Inver Grove Heights- RWY 12L & 12R departures, RWY 30L & 30R arrivals • Sunfish Lake- RWY 12L & 12R departures, RWY 30L & 30R arrivals Comm znity DNL Level Community DNL level is an average of the parcel DNL values of those parcels falling within the DNL 65 contour per community, the parcel DNL values are the same as those used for the PART 150 prioritization program. Those communities not included in the DNL 65 contour were assigned a DNL value of 60, Weighting the above inputs as specified earlier, the votes are distributed. The distribution of community votes is accomplished by first assinging one member to each represented community. The remaining positions are then distributed using the above methodology. The assignment of the additional representatives is a direct function of each community's value for each of the determinates, the weighting given to those determinates, and the number of vote to be distributed. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- 63 A RESOLUTION DESIGNATING THE CITY'S OFFICIAL REPRESENTATIVES AND ALTERNATES ON THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL WHEREAS, the City of Mendota Heights has one public representative on the Metropolitan Aircraft Sound Abatement Council (MASAC); and WHEREAS, the City of Mendota Heights has one public representative on the MASAC Operations Committee and the MASAC Executive Committee; and WHEREAS, the City of Mendota Heights, as the appointing authority, shall file with MASAC a notice of appointment of our designated representatives on the MASAC and its various committees. NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Mendota Heights that the following persons are duly appointed to represent the City of Mendota Heights at all, or any, MASAC meetings or committees: 2 Metropolitan Aircraft Sound Abatement Council Jill Smith, Councilmember Charles Mertensotto, Mayor Kevin Batchelder, City Administrator Scott Beaty, Chair of Advisory Commission Joe Leuman, Vice Chair of Advisory Commission MASAC Operations Committee Charles E. Mertensotto, Mayor Jill Smith, City Councilmember Kevin Batchelder, City Administrator Public Representative Alternate Alternate Alternate Alternate Member Alternate Alternate 3. MASAC Executive Committee Charles E. Mertensotto, Mayor Member Jill Smith, City Councilmember Alternate Kevin Batchelder, City Administrator Alternate Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS By'�`�-' Charles E. Mertensotto, Mayor ATTEST: athleen Swanson, City Clerk CITY OF MENDOTA HEIGHTS November 14, 1997 To: Mayor and City Council From: Kevin Batchelder, City Administrator Subject: Update on Miscellaneous Airport Issues DISCUSSION This memo is to forward some of the items from the Airport Relations Commission's most recent agenda that are not action items. They are being provided for City Council's information. 1. C4 Response on Environmental Assessment for Expansion of Runway 4-22 - City Council discussed this item at their October 7, 1997 meeting and provided direction for the City's formal response to MAC. ( Please see attached October 20, 1997 letter to Kimberly Hughes, HNTB.) 2. Community Stabilization Working Group - City representatives have been attending meetings of this group over the last several months as MAC attempts to comply with the Dual Track legislation that mandated they report to the Legislature with a mitigation package. Most of the items that have been discussed are ideas that were included in the Metropolitan Council's report from several years ago in which the airport communities worked with consultants to the MSP Area Community Protection Concept Package. City Council will recall that the Community Protection Concept Package was not endorsed by Mendota Heights because it did not include operational techniques that we felt could mitigate air noise such as night time curfews, equitable distribution of traffic and departure procedures. (Please see attached Draft Outline of Report - Community Stabilization Program.) The attached matrix outlines the various measures that are being considered by the working group. I am bringing this to Council's attention because the Metropolitan Council representatives that met with the City last week about land use compatibility/air noise issues suggested that Mendota Heights consider what we want to do with the properties in the air noise zone and whether there are any legislative proposals that could be included in the Community Stabilization Report that could help Mendota Heights address land use concerns. 3. Land Use Compatibility/Air Noise and Comprehensive Plan - City staff met with Mr. Tom McElveen, Mr. Chauncey Case and -Mr. Richard Thompson, of the Metropolitan Council, last week to discuss our concerns with the newly adopted Met Council Aviation Guide Plan and their air noise policy zones. City staff emphasized the point that our past cooperation on zoning compatible land uses in an industrial/commercial corridor have worked to our disbenefit because it has,- in essence, given MAC and the FAA a license to send unlimited, and increasing, numbers of operations over our community. The original corridor concept has become inequitable and has led to a Preferential Runway Use System that is predicated on "compatible land uses" and directs all departures over the Mendota Heights/Eagan corridor, given favorable weather conditions. The Metropolitan Council has stated they will study the Resurrection Cemetery site, the Garron site, and the Wenzel site (Lexington and Wagon Wheel) as they relate to the Aviation Guidelines and report back to the City in early December. A preliminary indication is that Met Council does not wish to begin granting exceptions to their newly adopted guidelines. Attached is a draft document entitled Mendota Heights Air Noise 'Observations, prepared by our MASAC representative Council Member Jill Smith. Council should review this document and comment. ACTION REQUIRED If City Council so desires, they should comment on the above airport issues and provide any appropriate direction to staff. _k City of Mendota Heights October 20, 1997 Ms. Kimberly C. Hughes, P.E. Iii TB Corporation 99 Canal Center Plaza, Suite 100 Alexandria, VA 22314-1538 Re: Environmental Assessment of a Proposed 1,000' Extension of Runway 4-22 at MSP Airport Dear Ms. Hughes: This letter is to serve as -the City of Mendota Heights comments on the Environmental Assessment of a Proposed 1,000' extension of Runway 4-22 at Minneapolis Saint Paul International Airport and is also to serve to express our concerns about related airport development - I. Hubbing Operation - This proposed increase in hub traffic. to MSP to serve a direct connection to Hong Kon!, and other international markets, was not effectively studied in the 1995 study entitled The Local and Regional Economic Iviinnea-polis - Saint Paul International Airport, which touts the economic benefits provided by Northwest Airlines (NWA) and associated industries through employment and purchases. Hub traffic may provide additional employment, however, the passengers routed through the MSP Airport do not directly benefit the Twin Cities economy in any manner. The noise pollution from such increased air traffic that results from hifo operations was not measured, or factored, as an externality in any of the studies done as part of the Dual Track EIS in 1995. In the description of the proposed project, provided by your cover letter, the economic benefits of the MSP Airport are inappropriately linked to the hub operations without a discount for the externalities created by such hub traffic. 2. Related Airport Development - Because of the inadequacy of the Environmental Impact Statement produced for the extension of Runway 41-22 to its current length of 11,006 feet this runway has never been used for its intended purpose of incre3�* —,!n2 operational flexibility and to redistribute aircraft traffic for noise considerations. Litigation filed by the City of Richfield has prevented this runway extension from being used for its original purpose, to the detriment of the communities at both ends of the parallel runways. During the Dual Track Study process, the City of Richfield is on record I as supporting the current, existing location of the airport, however, they are using litigation to stop all 1101 Victoria Curve - Mendota Heights, NIN -55118 (612) 452-1850 - FAX 452-8940 Ms -Kimberly Hughes October 20, 1997 Page two proposed runway expansions and extensions necessary to continue to -keep i'YISP Airport at an operational level. Four out of the six alternatives listed in the preliminary planning studies consider extensions to Runway 4-22 to a length of 12,000 feet. If Runway 4-22 is lengthened to 12,000 feet for facilitating direct flights to international markets, it should be used for the original purposes of its first extension - to increase operational flexibility and to permit the redistribution of aircraft traffic for noise considerations. Each adjoining community is enjoying the benefit and convenience of the location of'a major. airport facility and each adjoining community should share in the burden of the noise generated I - by the facility. Currently, an inequitable situation exists because of the failure to redistribute the air traffic together with the completion of the extension of Runway 4-22. 3. Increase inplanements - The High "combination 2" forecast for international air traffic projects an increase in air trafic that simply adds to an already overburdened air traffi—c corridor in the cities of Mendota Heights and Eagan. The recently released 114etropolitan, Council Air Noise Zone Policy areas incorporate more residential neighborhoods than ever before envisioned in any studies for land use compatibility around MSP. The Mendota Heights - Eagan corridor is not sufficient to handle the amount of tr-affi-c now being pushed out of MSP and the addition of international traffic only adds to the existing problem. Now that the Legislature has mandated that the airport stay in its present location, the North-South runway (17-35) must be built as soon as possible to relieve the overuse of the T\,fendota Heights - Eagan corridor and the cumulative effect of any additional international tragic. 4. Pro iect Alternatives - The City of Mendota Heights opposes any extension alternative for Runway 12L -30R, as an unacceptable addition of noise impact in existing residential neighborhoods. Any extension of Runway 4-22 should be provided to Northwest Airlines only with the condition that Northwest Airlines increase its transition from Stage II to real (non hush-kitted) Stage III aircraft on an accelerated basis. 5. Environmental Analysis - The environmental analysis should consider the temporary impact of aircraft operations and aircraft noise on Runway 12L -30R during the temporary extension to Runway 12R -30L. W -bile this runway is closed for temporary reconstruction, a heavier burden of aircraft traffic will be placed on Runway 12L -30R, thereby increasing the already inequitable burden of aircraft noise in Mendota Heights. It is imperative that Runway 12R -30L and Runway -'.-22 be used to the greatest extent Possible during the construction periods. The operations during construction must be studied to the greatest extent possible in order to provide an equitable distribution of air traffic during and after any runway extensions. Ms. Kimberly Hughes October 20, 1997 Paee three The City of Mendota Heights appreciates the opportunity to comment on the Environmental Assessment of the Proposed 1,000 foot Extension of Runway 4-22 at MSP Airport. We eagerly await Your reply and response to our comments and concerns. Sincerely, CITY OF I'VIENDOTA HEIGHTS Kevin Batchelder City Administrator OCT -2? -199? 15:11 MAC 612 ?26 5306 P.03i05 Out ine o Report - Community Stabilization P rp ram I . The Assienment a. Description of MAC directions to staff and statement of purpose of the Working Group. a. Discussion of Community Stability • Meaning, "Community Stabilization" or "Mitigation"? • Potential indices of stability considered by Work Group. • Indices selected for examination. b. Noise Impacts on Real Estate Values and Saleability of Residential Property • Review, National Studies • Previous Studies, Twin Cities Metropolitan Area. • Current investigations - Results. 1. Rate of change in residential property values, airport vicinity. 2. Rate of turnover in residential properties, airport vicinity. 3. Changes in Homestead status of homes in the airport vicinity. • Conclusions c. Other Factors • W. Group concerns with ground traffic and land acquisition. • Amendment of scope of assignment to incorporate these factors. d. Airport Impacts • Aircraft Noise - Quantify impacts in terms of residents and dwelling units within noise zones. • Ground Traffic - Quantify the amount of airport -generated traffic on key highways. (Cedar Avenue, Crosstown, Route 5, Others?) Conclude that this is minor factor and do not consider in more detail with the possible exception of Cedar Avenue as potential blighting factor on areas on east side of Richfield. (To pull together traffic data.) • Land Acquisition. Quantify potentially disruptive, destabilizing impacts, to include: 1. Homes and residents removed. 2. Impact on schools, demand for other public services. 3. Loss of regional recreational facilities. 4. Fiscal impacts. OUTLTNEO.DOC UU I 15 11 MRC bhp 'e2b SJbb F'. 04/05 3. Current Mitization Activities a. General b. FAR Part 150 Noise Abatement Plan c. MSP Noise Mitigation Program, 1996 d. Status of Residential Sound Insulation Program e. Status of Operational Measures and Runway Use Program. f. Programmed and Committed Mitigation Activities 4. Cornet ity Stabili7-ation Measures (Discuss) a. Compensatory Programs in Noise Zones • Purchase Guarantee Program Describe/Experience elsewhere in U.SAmpiementation Assess Value. • Property Value Guarantee Program Describe/Experience elsewhere in U.S./Implementation Assess Value. • Preferential Tax Program (Tax credits new residents) Describe 1995-96 record at MSP/Implementation Assess Value. b. Redevelopment Programs (Housing and Commercial Properties) (Discuss) • Tax Increment Financing. Describe, with amendments proposed in MSP Communities Mitigation Package. 4 Community Development Bank/Revolving Fund. Describe/Experience elsewhere/Implementation. Discuss State/MAC contribution to revolving fund. Discuss use in conjunction with TIF. • Tax credits for Property Improvement. Describe/Implementation. c. Redevelopment Assistance (Discuss) • MAC assistance in relocation of commercial establishments from the airport to proposed redevelopment areas. d. Public Facilities (Discuss) • MAC assistance in replacement of lost regional recreational facilities • State assistance in restoring balance between demand and capacity, public service systems (schools/utilities). Describe/discuss. 2 OUTLrN£O.DOC OCT -27-1997 15:11 MAC 612 726 5306 P.05i05 e. Block Grants (Discuss) • One-time financial payment by State to affected communities for mitigation measures to be determined by individual communities, from established list of measures. Allocation between communities to be based on number of persons directly affected by airport actions/activities (noise, land acquisition). • Annual block grants, similar purposes, similar allocation mechanisms. f. Matrix Summary of Community Stabilization Measures & Characteristics 5. Implementation Re=9nsi ilities a. Program Definition by Individual Communities • Individual communities develop program to address specific problems/issues, drawing from approved list of mitigation measures. • Identify suitable demonstration projects. b. Coordination Function by Metropolitan Council • Describe role of MC in monitoring, administration, coordination of program. c. Actions Required to Incorporate Program into Pt. 150 6. S rhrna aof-State-Legislative Actions Euired a. Authorization Actions (To be determined after program is finalized). b. Funding Actions (To be determined after program is finalized). 7. Summa of Working Grou2 Activities a. Meetings, with Agenda, Minutes, Notes 3 OUTUNEOMOC TOTAL P.05 Draft of Matrix Identifying Potential Actions to Mitigate Adverse Impacts of Airport Category Measure State Legislative Action Required Short-term Communities Assumed or Long- where Level of term Applied Application Order of Magnitude Costs Other Noise Mitigation Programs in Noise Continuation of Resid. Sound Insulation Zones Sound Insulation, Schools and Public Bldgs. Low Frequency Sound Insulation Program Other Compensatory Purchase Guarantees Programs in Noise Property Value Guarantees Zones Preferential Tax Program Other Ilousing Rehabilitation Tax Increment Financing And Renovation in State I•Iousing Revitalization Program Noise Zones Community Development Bank Revolving Loan Fund Tax Credits for Property hnprovements Other I lousing Programs Independent of Noise Zones Amendment of existing state programs Special programs Other 1, evitalization of Commercial Areas in MAC assistance in relocation of business Noise Zones Other Provision of Public Facilities MAC assist in development of replacement facilities. Other Note: Not all potential measures will be applicable depending on extent of negative impact identified in preliminary studies. FRM/dj nAfr,\rasp\'-ix.doc Mendota Heights Air Noise Observations CRAFT Mendota Heights is the only city that adopted the previous Met Council guidelines for land use planning within designated air noise zones. All residential areas within Mendota Heights are in conformance with previous projections for air noise from the airport and with Metropolitan Council guidelines. Following the Met Council guidelines has not led to land use compatibility for air noise, but has instead produced land use incompatibility. The practice of putting greater volumes and proportions of air traffic into "compatible" direction .has led to spillage over into other "incompatible" areas. Working with Met Council air noise guidelines has worked against Mendota Heights by implying acceptance of unlimited air traffic. ► The east corridor has not confined aircraft to compatible land use areas, but has given license to the airportto send over 60% of ever increasing air traffic over Mendota Heights / Eagan. This ever increasing traffic cannot physically or operationally be confined to the corridor and in fact constantly spills over into incompatible land use areas. ► Acceptance of the corridor by Mendota Heights has been interpreted and used by MAC as acceptance of an unlimited volume of air traffic in our direction - whether or not it fits within the acceptable parameters and use of the corridor. ► The arbitrarily and illegally imposed southern boundary to the corridor has forced increasing volumes of air traffic into incompatible land use areas to the north in order to physically accommodate the increasing volume of traffic. ► The corridor merely delays fanning of aircraft and ultimately concentrates ever increasing volumes of overflights over previously approved residential areas. ► MAC policies to control or confine air noise are not effective because there is no enforcement of the policies or follow-up - planes do not follow the guidelines but fly the pattern most expeditious to their destination. ► The new 65 Ldn contour has jumped from west of Lexington to east of Dodd Road (3/4 of a mile) in less than 10 years - because of increased use of the corricor and increased volume at the airport - which will only continue to increase and further encroach into new residential areas. ► A stated plan of the airport is to grow and accommodate more flights. New technology will expand the ability of the airport to greater volumes. Noise will only continue to increase and expand because those mitigating tools available cannot offset the increase in volume. Northwest's Stage 3 fleet consists of many hushkitted DC9s, which are technically Stage 3, but are still much noisier than new Stage 3. Because of Northwest's dominance of this airport, MSP will not enjoy the full -benefit of the intent to reduce noise through Stage 3 for many years until those hushkitted aircraft are phased out. Acceptance of the corridor by Mendota Heights and Eagan and anticipated outcomes stated to "sell" the corridor to these cities did not include license to pour unlimited volumes and an inequitable amount of air traffic into the corridor. Increased volumes of traffic within the corridor to current levels make it physically impossible for it to function as proposed and projected,with aircraft continually spilling over into residential areas that have never previously experienced air noise. Continued use of the corrdior in this fashion makes the corridor unfunctional for its stated purpose, obsolete, and unacceptable to Mendota Heights. New Met Council guideline contours for air noise are unacceptable for the following reasons: - They entrench existing air traffic patterns, which are unacceptable to Mendota Heights. - Acceptance of the old MC guidelines and presumable the new guidelines sets Mendota Heights up for even more inequitable air traffic volume. - The contours do not take into account the proposed (promised?) distribution of air traffic to a new north / south runway and therefore a decrease in air traffic over the Mendota Heights / Eagan corricor.. - The contours are inaccurate according to MAC stag - The general guidelines could be effective and equitable as a land planning tool only if all municipalities surrounding the airport adopted them. TVIASAC is merely a tool that does not function for its intended purpose and is being misused by 1VIAC and MAC staff for the following reasons: - It provides an effective buffer to insulate MAC from air noise complaints and issues. - It does not provide equitable respresentation to those municipalities experiencing most of the air noise. - Representation is set up to give the least impact to the cities - who it is supposed to be protecting. - Representation ensures a confrontational forum for air noise issues that only enhances the parochial and proprietary tendencies of representatives. This forum could work only if representatives take a principled approach to the issues - this has not and is not likely to happen. - MASAC does not have any real input into air noise issues, but is set up to be a rubber stamp for MAC staff input and priorities - many of which are not consistent with air noise -reduction or equitable distribution of air noise. `- - MASAC representatives do not endorse available techniques for reduction of air noise within the most noise impacted areas - such as departure profiles. DRQ FT= T - Air noise will continue to grow worse at this airport and will expand since traffic will only increase. Any remedies available to give relief to surrounding cities will not and cannot effectively keep up with the effects of this increased volume to mitigate the effects of spreading noise pollution. - MASAC is being used as a political tool against the member cities by being represented to the MAC and the public as a functional and effective decision making body using a democratic process - none of which is true.