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1997-10-21 Council PacketCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA OCTOBER 21, 1997- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. * Approval of October 7 Minutes. 5. Consent Calendar a. Acknowledgment of the October 14 Airport Relations Commission Minutes. b. Acknowledgment of the Treasurer's Report for September. C. Acknowledgment of the Fire Department Report for September. d. Acknowledge Receipt of the Communications Status Report. e. Acknowledge Receipt of the Dakota County Public Health Plan Preliminary Summary Update. f. Approval of Proposed Plan for Landscape Improvements at City Hall and Approval to Begin Bid Process. 9. Approval to Participate in Metropolitan Livable Communities Act in 1998 - RESOLUTION NO. 97-71 h. Approve Payments for the Second Avenue and Roger's Lake Area Storm Relief Projects from the Storm Sewer Enterprise Fund. i. Approval to Cancel the November Parks Commission Meeting. j. Acknowledge and Accept Letters of Retirement from Firefighters. k. Approval of Permanent Full Time Status - Civil Engineer 1. I. a. Approval to Replace Snow -Thrower for City Hall. b. , Authorization to Sell Excess Snow -Thrower and Lawn Mower. M. Approval of Dakota Bank Signage and Landscaping Modifications - RESOLUTION NO. 97-72 n. Approval of Two Temporary Signs for United Properties Mendota Technology Center PUD. 0. Approval of Special Temporary Banner Sign Permit for Grand Opening 1cp of SuperAmerica - 1080 Highway 110. Adoption of ORDINANCENO. 316, AN ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF THE NORTH 600 FEET OF �u WARRIOR DRIVE. q. Consideration of Drainage Solution for the Todds. r. Approval of the List of Claims. End of Consent Calendar 6. Public Comments Q Hearing a. Bunker Hills - Street Improvements - 8:45 p.m. - RESOLUTION NO. 97-73 �V-Vl -e-S C-'V� 8. Unfinished and New Business OL), Ist- Vae-l", Case No ttinger - Conditional Use Permit - 41 RES �WLJUTINtOi. 97-74 Discuss Cell ular/PCS Antennae Ordinance - ORDINANCE NO. 317 vcz� Discuss Request for Permission for a Pet Shop at Mendota Plaza. Discuss Purchase of Radio Equipment - Fire Department. Discussion on Proposed Resolution to Metropolitan Council Regarding Concept Plan by Hoffman Homes - RESOLUTION NO. 97-76�' Discuss AMM's 1998 Proposed Legislative Policy Program. Lf 9. Council Comments 10. * Adjourn to: Closed Session to Discuss Pending Litigation, and N(0,5 b Special Closed Session on November 4, 1997 at 6:45 p.m. to Discuss Labor Negotiations. 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. Q CITY OF MENDOTA HEIGHTS MEMO October 21, 1997 TO: Mayor and City Council FROM: Kevin Batchelder, City Administrator SUBJECT: Add On Agenda for October 21 City Council Meeting Two new items have been added to the agenda, please see item number 4/ (minutes) and item 10 (adjourn) N. Additional information has been added to item 5f and item 5p of the Consent Calendar (**). It is recommended that Council adopt the revised agenda printed on green paper. 4. Approval of October 7 1997 Minutes These minutes were distributed to Council on Monday, October 20. 5f. Approval of Proposed sed Landscape Plan for Landscape Improvements ,and Czy Hall and Approval to Begin the Bid Process. Please see attached information. 5p. Adoption of Ordinance No. 316. An Ordinance Prohibiting Parkinon the West Side of the North 600. Feet of Warrior Drive. Please see attached information and amended ordinance. 10. Adjourn Please see the attached memo and refer to the green agenda for adjournment information. KLB:kkb .1 Page No. 1 October 7, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October7, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. INTRODUCTIONS Mayor Mertensotto introduced Junior Girl Scout Troop No. 284 troop leaders and troop members who were present for the meeting. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items g (Lilydale Comprehensive Plan) and k (Ordinance No. 316) to the regular agenda, along with September 2, 1997 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the minutes of the September 16, 1997 regular meeting as amended. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Abstain: Huber, Krebsbach Councilmember Koch moved approval of the minutes of the September 30, 1997 workshop as amended. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items g (Lilydale Comprehensive Plan) and k (Ordinance No. 316) to the regular agenda, along with Page No. 2 .w October 7, 1997 authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 23, 1997 Planning Commission meeting. b. Acknowledgment of the building activity report for September. c. Authorization for the issuance of a purchase order to Airlake Ford for a 1996 Crown Victoria squad car at a cost of $19,214, plus tax and license fees, to replace a squad damaged beyond repair. d. Authorization of an expenditure of up to $1,000 to retain a landscape architect to design a plan and bid specification to correct erosion at the west end of City Hall. e. Adoption of Resolution No. 97-59, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM." f. Acknowledgment of receipt of information from ST. Paul Water Utility regarding 1998 water rates. g. Acknowledgment of a notice form Continental Cablevision regarding commencement of the franchise renewal process and direction to staff to request a response from NDC4 about the establishment of renewal proceedings. h. Authorization to contribute up to $500 for hot dogs and refreshments for the annual Halloween Bonfire. Acknowledgment of a letter from Tempco Manufacturing withdrawing its expansion plan from consideration by Council. j. Adoption of Resolution No. 97-60, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO.93, PROJECT NO. 4." k. Authorization for the Code Enforcement Officers to issue a building permit which would allow construction of a temporary and permanent patio with a six foot privacy fence at Lloyd's Barbecue Company at 1455 Mendota Heights Road. Page No. 3 October 7, 1997 1. Adoption of Resolution No. 97-61, "A RESOLUTION DENYING A VARIANCE FOR THE PLACEMENT OF A FENCE OUTSIDE OF ONE'S OWN PROPERTY AT 868 BLUFF CIRCLE," along with authorization for execution of a "Revocable License Agreement" between the city and Eric and Kathryn Schneeman. m. Adoption of Resolution No. 97-62, "A RESOLUTION AUTHORIZING A LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1997 STATE DEER HUNT SEASON." n. Authorization to enter into an agreement with Public Record Service to provide City Council meeting recording services on a three month trial basis for its quoted rate of $22.00 per hour and $5.00 per page. o. Adoption of Resolution No. 97-63, "A RESOLUTION DESIGNATING THE CITY'S OFFICIAL REPRESENTATIVES AND ALTERNATES ON THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL," appointing Councilmember Smith as the city's MASAC representative and Mayor Mertensotto as the alternate representative, and appointing Mayor Mertensotto as the city's designated representative on the MASAC Operations and MASAC Executive Committees and Administrator Batchelder as alternate representative on the two committees. p. Approval of the appointment of Sergeant Donn Anderson as Acting Police Chief effective on November 1, 1997 until a new Police Chief is appointed. q. Approval of the permanent appointment of Amy Griffin as Clerk/Receptionist in the Administration Department, effective October 14, 1997. r. Approval of the permanent appointment of Patrick Hollister as Administrative Assistant, effective on October 2, 1997. s. Approval of the List of contractor licenses dated October 7, 1997 and attached hereto. t. Approval of the List of Claims dated October 7, 1997 and totaling $418,107.55. Page No. 4 October 7, 1997 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 LILYDALE COMPREHENSIVE Council acknowledged receipt of a memo from Assistant Hollister PLAN regarding Metropolitan Council approval of Lilydale's Comprehensive Plan. Councilmember Krebsbach expressed concern over the implications of the plan on Mendota Heights, particularly relating to redevelopment of the Diamond Jim's and Shiely properties and land uses that will impact Mendota Heights public safety service to Lilydale. It was the consensus to direct Assistant Hollister to send a letter to Lilydale's City Council, alerting them that the Mendota Heights City Council desires to be alerted well in advance of any development plans so that Council can address how to handle an increase in public safety service. SOUTH PLAZA DRIVE Council acknowledged a memo from Public Works Director PARKING Danielson along with a proposed ordinance to restrict parking on South Plaza Drive. Councilmember Smith stated that she would like Council discussion on the issue because the senior housing facility has limited parking and there will likely be a need for overflow parking on the street on occasion, as was the case during the open house for the facility. She pointed out that when Council originally sized the cul-de-sac and planned for the area, it was not anticipated that the cul-de-sac would be a bus turn around. It had been anticipated that the Mendota Plaza would help with the hub. She stated at she would like to accommodate the senior facility bast e city can by limiting the no parking to the hours of bus serve 51? Mayor Mertensotto suggested that the Dakota Bank owners be contacted to see how much of its parking area is needed for occupants of the bank building. He stated that perhaps there could be an agreement worked out with the bank and the senior facility so that bank parking could be used for overflow for the senior facility on special occasions. Councilmember Huber stated that when he attended the senior facility open house he was surprised to see three buses parked in the Page No. 5 October 7, 1997 cul-de-sac. He further stated that he had not envisioned that the cul- de-sac would be a bus staging area. Councilmember Smith suggested that Council monitor the situation and advise the Metro Transit Service that the cul-de-sac is not an appropriate staging area. Action on the proposed ordinance was tabled. Staff was directed: to discuss the issue with the Dakota County HRA; to contact Dakota Bank regarding the possibility of an agreement for overflow parking; and, to ask Metro Transit exactly what its anticipated turn -around time will be and how long they anticipate that buses will wait in Mendota Heights before their scheduled runs. Staff was further directed to notify Metro Transit that its request for no parking has been tabled until Council receives information on how to solve the existing problems, including overflow parking for the senior facility, and to ask the representatives of the senior facility if they plan to have functions where they will be using contract buses. PUBLIC COMMENTS Mayor Mertensotto informed Council that a number of residents of the senior facility asked him at the open house what the city plans to do about getting lights for the South Plaza Drive pedway, particularly at the intersection with Dodd Road.. He felt that it would be appropriate for the city to install shoebox style lights which could perhaps be timed to go off at midnight. Council directed Public Works Director Danielson to contact NSP for a quote on shoebox style lights. FIRE SAFETY AWARDS Council acknowledged a memo from Fire Marshal Paul Kaiser regarding annual awards for fire safety in the workplace. Fire Marshal Kaiser and Fire Chief Maczko were present. Mayor Mertensotto recognized twenty-one firms which will receive awards recognizing continued commitment to fire safety. Fire Marshal Kaiser and Mayor Mertensotto presented a plaque to Mr. Darrell Campbell, representing Patterson Dental Supply. VICTORIA CURVE TRAIL Council acknowledged a memo from Engineer Mogan regarding bids received for construction of the Victoria Curve safety improvement project. {V Page No. 6 October 7, 1997 Council expressed concern that the bids were much greater than the engineering estimate, however, it was the consensus that the safety improvements are needed and should not be delayed. Councilmember Krebsbach moved adoption of Resolution No. 97- 64, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR TRAIL CONSTRUCTION AND APPURTENANT WORK FOR THE VICTORIA CURVE SAFETY IMPROVEMENT PROJECT, IMPROVEMENT NO. 97, PROJECT NO. 3, JOB NO. 9616," awarding the contract to Bituminous Roadways, Inc., for its low quote of $77,348.50. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ROGER'S LAKE ADDITION Council acknowledged a memo from Engineer Mogan regarding DRAINAGE bids received to installation of the Roger's Lake Addition drainage improvements. Ayes: 5 Nays: 0 Engineer Mogan reviewed a proposed add -alternate to the contract to solve a perpetual storm water problem at 690 Second Avenue. He showed pictures of the property and described the problem for Council. Mayor Mertensotto stated that what is proposed is to correct problems that were not corrected under the original construction project. He expressed concern that money is being expended from Storm Water Utility Fund at a faster rate than funding can be accumulated. He suggested that the cost for repairs on Second Avenue be charged against the original construction project fund. Councilmember Koch moved adoption of Resolution No. 97-65, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR ROGER'S LAKE ADDITION DRAINAGE IMPROVEMENTS AND APPURTENANT WORK, JOB NO. 9312," awarding the contract to Penn Contracting, Inc., for its low bid of $24,414.00 for the Roger's Lake Addition drainage improvement, including the construction of the Second Avenue drainage improvement alternate. Councilmember Krebsbach seconded the motion. Council directed Treasurer Shaughnessy to research funding alternatives for the Second Avenue improvement. Page No. 7 October 7, 1997 STREET STRIPING AWARD Council acknowledged a memo and tabulation of bids received for 1997 street striping and marking. Councilmember Koch moved adoption of Resolution No. 97-66, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT MARKINGS AND STREET STRIPING (IMPROVEMENT NO. 97, PROJECT NO. 6, JOB NO. 9711)," awarding the contract to Precision Pavement Marking for its low bid of $6,569.50. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TILSEN AREA Council acknowledged a memo from Engineer Mogan and a ASSESSMENT HEARING proposed assessment roll for the Tilsen's Highland Heights street reconstruction project. Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed assessments for Tilsen's Highland Heights street improvements, and asked for questions and comments from the audience. Responding to a question from Mr. Harold Specktor, 1643 Lilac Lane, Public Works Director Danielson stated that the contractor will begin applying the second lift of blacktop in two days and should complete the process in about three days. Mr. Specktor stated that there is a dip in the road on Caren Court at Lilac Lane, that will ice up and create problems in the winter. He stated that the dip is so low that the city will not be able to plow the area properly. Engineer Mogan responded that he was alerted to the problem months ago and indicated that staff would look at it when the second lift of blacktop is installed. He explained that Caren is going at a down grade and Lilac is going up, and the cross grade is a problem. He stated that the grade on Lilac cannot be changed because of an existing gas main. Mayor Mertensotto informed the audience that Engineer Mogan will look at the problem before the final lift is installed and will find a way to correct the situation. Mr. Ken Herrmann, 995 Caren Court, stated that before the project started, he informed Engineer Mogan that water will seek its own Page No. 8 October 7, 1997 course, and now water runs down the side of his driveway to the holding pond. He stated that he would like to be on record that there is a drainage problem on his property. Mayor Mertensotto responded that if there has been a change in the drainage pattern Council needs to know why and how to correct it. Mr. Herrmann responded that the problem is that his driveway was torn out and replaced and the original tar and cement that were taken out are still on his property. He asked that the materials be removed. He stated that overall, he does think the project was well done. A neighbor to Mr. Herrmann stated that in terms of the overall quality of the work, when the sod was being laid, big rocks were put in and got covered up and left in his yard. He explained that the project contractor, not the landscaper, left the materials and that he (Mr. Herrmann) picked up what he could but the rest was covered with sod. Engineer Mogan responded that if there is blame, it is against the general contractor. He explained that after the contractor finished his job, he would not respond to calls from staff. He stated that he will notify the contractor that the city is not happy with the work and has received a number of complaints. He informed Council that the landscape contractor removed as much of the debris as he could before putting the sod down. Mr. Emil Reiher, 1655 Lilac Lane, felt that the problem was the lack of coordination between the contractors. He also stated that he will no longer be able to take care of the median in front of his house because the contractor packed the area with the excess gravel from the streets. Mr. Joe Morgan, 1707 Vicki Lane, stated that he did not originally think that the water would drain properly, but it works well. He further stated that he has never seen sod look better than his when it was put down and that he feels the contractor did a good job installing the sod. r Engineer Mogan informed the audience that the contractor is required to water the sod for the first thirty days, but beyond that time the property owners are responsible for maintaining the sod. He stated that staff will inspect the sod at the end of the thirty days to make sure it is green and has taken root. Ayes: 5 Nays: 0 Page No. 9 October 7, 1997 Responding to a question from Councilmember Krebsbach, Engineer Mogan stated that staff made a real effort to inform the general contractor on proper procedures, but that obviously did not carry through in all aspects of the project. He stated that the city's inspector spent a great deal of time during the summer inspecting the project and did everything in his power to get the contractor to do a good job. Mayor Mertensotto responded that if failure by a contractor to be cooperative ever happens again, the matter should be brought to Council as soon as possible. Council will then ask the contractor to appear at a meeting to find out how the problems will be resolved. Councilmember Smith asked what recourse the city has if the sod does not take because of all of the debris under it. Engineer Mogan responded that the final payment has not yet been made on the contract, and the city can hold money back. Mr. Fahey stated that asphalt removed from the streets was dumped into the vacant city lots. He suggested that the city have a removal agreement with the contractor so there are not future problems. He also stated that some of the fill that was brought in and placed in the boulevards was clay and junk. He also asked that additional landscaping be done, stating that he bought an evergreen as part of the boulevard tree program and planted it across the street and it was destroyed during construction. There being no further questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Mayor Mertensotto informed the audience that if the assessment roll is adopted, property owners will have thirty days to pay their assessments without interest, or the assessments will be certified to Dakota County for collection over 19 years at 7% interest. Councilmember Smith moved adoption of Resolution No. 97-67, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET RECONSTRUCTION TO SERVE TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2, TILSEN'S HIGHLAND HEIGHTS PLAT 3, AND SURROUNDING AREAS (IMPROVEMENT NO. 96, PROJECT NO. 4)." Page No. 10 October 7, 1997 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PINE CREEK ESTATES Mayor Mertensotto opened the meeting for the purpose of a public ASSESSMENT HEARING hearing on assessments proposed for public improvements constructed to serve the Pine Creek Estates Addition. Council acknowledged a memo from Engineer Mogan along with the proposed assessment roll for the project. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Ayes: 5 Councilmember Koch seconded the motion. Nays: 0 Councilmember Koch moved adoption of Resolution No. 97-68, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PINE CREEK ESTATES AND SURROUNDING AREA IMPROVEMENTS (IMPROVEMENT NO. 93, PROJECT NO. 1)." Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 97-33, LLOYDS Council acknowledged an application from Lloyd's Barbeque for a front yard setback variance to allow construction of a 40 by 82 foot expansion to the Lloyd's Barbeque facility at 1455 Mendota Heights Road along with a request for approval of new building signage. Mr. Chuck Morset, Maintenance Coordinator for Lloyd's, was present for the discussion. Mr. Morset explained that the addition will provide a lunch room, locker room and production area, and once the construction is completed, a permanent patio area will be constructed to replace the temporary area which was approved earlier this evening. Councilmember Krebsbach moved adoption of Resolution No. 97- 69, "A RESOLUTION APPROVING A 2.72 FOOT FRONT YARD SETBACK VARIANCE AT 1455 MENDOTA HEIGHTS ROAD FOR A BUILDING EXPANSION," along with authorization for issuance of a building permit for signage. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Page No. 11 October 7, 1997 CASE NO. 97-35, JOHNSON Council acknowledged an application from Mr. Tom Johnson for a sideyard setback variance to allow construction of a porch addition 7'5" from the side property line at 739 Pontiac Place. Council also acknowledged associated staff reports. Mr. Johnson was present for the discussion. Councilmember Krebsbach expressed concern that many people signed a document consenting to the proposed variance, there had been discussion at the Planning Commission about the concerns of the neighbor to the west. Mr. Johnson responded that he has spoken to the neighbor, who no longer has any objection, but that he does not have written consent. Public Works Director Danielson informed Council that the Planning Commission conducted a hearing on the variance application and the neighbor did not appear or submit any objection. Regarding the recommended condition that the addition be painted to match the exterior of the house within one year, Mayor Mertensotto asked Mr. Johnson to complete the project and the painting as soon as possible so that the entire exterior matches within one year. Councilmember Smith moved adoption of Resolution No.97-70, "A RESOLUTION APPROVING A SIDEYARD SETBACK VARIANCE FOR 739 PONTIAC PLACE FOR A PORCH ADDITION." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 97-36, Council acknowledged an application from Dakota Bank for DAKOTA BANK variances to allow construction of a monument sign and five directional signs for the new bank building. Council also acknowledged a request from Dakota Bank for modifications to the approved landscape plan. Bank President Seidel and architects Jack Boorman Leah Kangas were present for the discussion. Ms. Kangas informed Council that the monument sign consists of a retaining wall with a sign on it, and the portion of the wall that carries the sign is not outside of the required setback. She stated that the Planning Commission did not feel that a variance is required for the monument sign. She explained that the other issues are the square footage of the directional signs and ATM signage. Page No. 12 October 7, 1997 Mr. Boorman informed Council that the monument sign is 30 feet back from the curve of the right-of-way, but the two wing walls that are extensions deal with the grade variation. Councilmember Krebsbach asked whether the originally proposed structure was concave versus convex, and whether it wasn't originally just a curved retaining wall. Mr. Boorman responded that it was a curved retaining wall, but it was in the same configuration: Mayor Mertensotto agreed with the Planning Commission determination that if the wing walls were on the originally approved plans, no variance is needed. Ms. Kangas reviewed the locations and sizes of the proposed directional signage. She explained that the reason one of the stop signs is proposed to be located on city property is because it needs to be closer to the intersection. The other variances are for size of the stop signs and size of the ATM sign. Mr. Boorman explained that the reason the signs are located so close to the frontage road is for safety. Responding to a question from Councilmember Krebsbach, Ms. Kangas stated that the stop signs are not necessarily standard signs, but signs that meet Mn/DOT requirements for break -away signs so they would collapse if they were hit. She explained that the stop signs will conform to Mn/DOT standards and requirements, including sign size that exceeds city ordinance requirements by 2 square feet. Ms. Kangas informed Council that the largest variance being requested is a four square foot variance for the ATM sign that directs the traffic from the street to the 24 hour lobby and notifies people about the 24 hour instant cash machine in the lobby. Mr. Boorman informed Council that the sign will have a Plexiglas face with fluorescent lighting behind it, and it will be lit 24 hours a day. Councilmember Krebsbach asked if the sign can be placed inside the lobby. She stated that people looking for the ATM only need a signal on where it is, and the point of development on the entire corner is that Council wants it to be community scale. She pointed out that SuperAmerica closes at 11:00 p.m. and its signage is turned off at that time. She stated that given the size of the proposed ATM Page No. 13 October 7, 1997 sign and lighting, she would like the sign turned off at 11:00 p.m. as well. She informed Mr. Seidel that she has seen similar signage inside of buildings, and if the bank wants a 24 hour sign that signals that the ATM is open 24 hours it should be placed inside the lobby. Mr. Boorman responded that there will be security lights outside the building that will be on for 24 hours. The six to eight lights projecting lights all around the building will put out ten times as much light as the ATM sign. Councilmembers Huber and Koch felt that the sign would not add to lighting the property. Mayor Mertensotto stated that he is more concerned about what is proposed for landscaping than he is about the sign. He informed Mr. Boorman that the city's planner indicated that the changes have mostly been in down sizing the plantings. Mr. Boorman reviewed the proposed landscaping changes. He stated that the berm to the south was designed as a ten foot vertical element, a four foot berm with six foot plantings. The proposal now is for an eight foot berm and four feet of plantings. Mayor Mertensotto stated that when the project is completed and the bank begins subdividing the residential lots, Council wants to be sure that the plantings are in place to screen those lots. He asked for Mr. Seidel's agreement that he will come back and tell Council what the bank plans to do before doing anything with the berm. He did not think all the evergreens need to be removed. Mr. Seidel responded that the lots were platted as part of the overall development and none of the evergreens will be touched. He stated that the trees are in the middle of the lots. Mr. Boorman stated that when each of the lots is developed, they will have to come in as part of the review process. He explained that all of the trees will be left in tact as part of the bank's construction. Mr. Seidel stated that the bank made a commitment up front not to do anything with the evergreen trees. He also stated that the berm is on bank property. Mr. Craig Greenbergen, landscape architect for the project, explained that the sizes of the trees are being reduced from the original plan because there is an availability problem. He stated that last winter Page No. 14 October 7, 1997 was very hard on trees and shrubs and the supply is much different than was anticipated at the time the plan was designed over a year ago. He reviewed the revised plans for Council. Councilmember Krebsbach stated that she cannot support the application if the ATM sign is lighted 24 hours rather than the same hours as SuperAmerica. She pointed out that people have been able to access ATM's before the corner was approved and they can use the SuperAmerica ATM. Mr. Seidel responded that the bank gets lots of activity after hours and if the neighborhood complains, the sign could be changed. Councilmember Krebsbach stated that her concern is that restricting the lighting signals that the comer is not open for business between 11:00 p.m. and 5:00 a.m. She stated that the sign is larger than allowed by ordinance, and if the bank wants to place it in the building she would not oppose the request. Mayor Mertensotto stated that Council had a difficult time convincing SuperAmerica that they would have to close down at 11:00 p.m. and could perhaps say that the bank is being allowed to stay open 24 hours. He stated that while there could be a distinction made, illumination of such a large ATM sign presents a problem. Mr. Seidel responded that the bank is a business that exists at the corner for a reason and should not be compared to SuperAmerica. He further stated that he would commit to taking care of any complaints that might arise from the sign. Mr. Boorman asked if Council would approve the sign if the entire sign face is metal so that all that would be lit would be the ATM letters which would be back lit. He suggested a dark metal face with routed, lit letters and the instant cash logo. He stated that the sign is under 20 inches long and about 4 to 5 feet high, and that two feet would be about as long as the letters could be. Councilmember Krebsbach stated that if the sign is a bank sign that signal in the corner that there is an ATM and it cannot be seen from T.H. 110 she could support the request. She asked if the bank would lower the intensity of the light if Council feels it is too bright. Mr. Boorman responded that the intensity of the light will not be any greater than the 24 hour light on the City Hall sign. Responding to a Ayes: 5 Nays: 0 Page No. 15 October 7, 1997 question from Councilmember Smith, he stated that the sign will face west. Councilmember Huber moved to express intent to grant the sign variances and to approve the landscaping and the lighting of the ATM directional sign as discussed, with the condition that the lighting be no more intense than the City Hall sign. Councilmember Smith seconded the motion. Council directed the applicants to submit a reviewed ATM sign design and revised landscaping plan for approval on October 21. RECESS Mayor Mertensotto called a recess at 10:20 p.m. The meeting was reconvened at 10:30 p.m. PRIVATE STORM SEWER Council acknowledged a memo from Public Works Director CONNECTION Danielson regarding a drainage problem at the Phillip Cohen property, 664 Pond View Terrace, along with copies of information which had been reviewed and discussed by Council in 1994. Mr. & Mrs. Cohen, and their neighbors, Mr. & Mrs. Alt, 642 Pond View Drive, and Ms. Ann Wassweiler, 640 Pond View Drive, and Ms. Barbara Hokestra, legal counsel for the Alts. Mayor Mertensotto reviewed the options which had been considered when the problem was first discussed in 1994. Council received comments from the Cohens and their neighbors and Ms. Hokestra. There was also discussion over infiltration/inflow problems within the city and the impact that illegal draining of sump pumps into the sanitary sewer has on MWCC charges. Councilmember Smith pointed out that while the city is willing to participate by facilitating a solution, the city cannot take on the problem as a city responsibility. She stated that it is not clear that a solution the city could come up with would meet with agreement from the private property owners. Ms. Hokestra responded that the city could use its statutory authority under Chapter 429 but that her client does not receive any benefit since he is not affected by the water. Attorney Hart stated that the question is to what extent the properties benefit, and that while he would guess that all would share in the cost, it would be up to an assessor to determine to what extent the Page No. 16 October 7, 1997 properties benefit. He pointed out that if it is anticipated that the benefits are not equal to the costs, the city would not be able to participate. Councilmember Smith stated that this is a complex issue for which the best solution must be found. She stated that -the city must look at all of the options and must have input form the people who are living with the problem. Ms. Hokestra stated that the Alts do not wish to sue anyone but that they are looking for city help and are trying to get a timeline from the city. Mayor Mertensotto responded that Council cannot .give a timeline because engineering work is done over the winter months for summer projects. He stated that if the corrections were done as a 429 project, the city could recover its expenses, but Council cannot tell what the project costs might be until a feasibility study is prepared. He pointed out that there needs to be a funding mechanism and some agreement from the neighbors, and while engineering staff can look at the issue over the winter, there is only a limited amount of staff time available. Mayor Mertensotto stated that Council is the medium to help the residents but that there needs to be an agreement that the neighbors and the city will all work together. He informed the neighbors that the city will do it best to find a solution and will meet with them again. Councilmember Smith stated that the priority is to take care of the sidewalk drainage problem immediately. She further stated that Council also needs to know how addressing the drainage problems will fit into the engineering workload, and asked that engineering give Council an idea of the time when they can work the matter into their work schedule and priorities. Council directed the public works department to begin to repairs to correct the problem of water draining across the city sidewalk as soon as possible. CRAFT SHOW SIGNAGE Council acknowledged a request from Mr. & Mrs. David Palme to approve temporary signage for an indoor craft show at Mendota Plaza on November 1, 1997. Council also acknowledged an associated staff report and letter and agreement from Paster Enterprises. Mr. & Mrs. Palme were present for the discussion. Page No. 17 October 7, 1997 Mayor Mertensotto stated that the letter from Paster Enterprises refers to a flea market, which is not an allowed use. He informed the Palmes that Council does not want flea markets in the city and that outdoor tree sales, etc., have not been allowed. Mr. Palme responded that the activity is a craft show and that it will be held entirely within the shopping center building. He informed Council that he would like to place a 2' by 3' sandwich sign in the middle of the entrance to the mall to attract people coming into the mall and people traveling along Dodd Road. Councilmember Huber suggested that the sign be placed somewhere along the pedway beyond the Plaza. He pointed out that the request is to place the sign several days before the activity and people will see it before the event. Mayor Mertensotto suggested that the applicants contact the bank to see if they could place a banner sign on the bank sign at South Plaza Drive. Mr. Palme stated that he would like to put a sign on the stop light at the Dodd/T.H. 110 intersection on the day of the show. Council informed Mr. Palme that it will not and cannot authorize any signage on the right-of-way. Mr. & Mrs. Palme were directed to work out a location along the pedway or a banner sign on the bank sign, and to work with Assistant Hollister, but that Council will not approve any signage at the entrance to the Plaza or on right-of-way. CELLULAR TOWERS Council acknowledged a memo and draft cellular/PCS antenna ordinance. Discussion was tabled to October 21. RUNWAY EXTENSION Council acknowledged a notice from HNTB consultants notifying the city of a comment period for preparation of an environmental assessment for the proposed extension of Runway 4/22. Council also acknowledged an associated report from Administrator Batchelder. It was Council consensus that Mendota Heights absolutely opposes any extension of runway 12R and 30L. Council directed Administrator Batchelder to work with Mayor Mertensotto and Councilmember Smith to prepare a response. Page No. 18 October 7, 1997 ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to the October 14, 1997 joint Council/Commission workshop on the comprehensive plan.. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:55 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor 0 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 7, 1997 Excavatincr Contractor License Tom Melling Excavating Gas Piping Contractor License Janecky Plumbing State Mechanical Inc. Hvac Contractor License Advantage Air, Inc. General Contractor License Capitol Fence Co. Inc. Johnson & Peterson, Inc. Joseph Construction of St. Paul, Inc. State Mechanical Inc. Twin City Corporate Construction, Inc. Drywall Contractor License Midwgst Superior Drywall Viking Drywall Inc. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION OCTOBER 14, 1997 - MINUTES The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, October 14, 1997 in the City Hall Small Conference Room, 1 10 1 Victoria Curve. The meeting was called to order at 7:00 p.m. The following members were present: Beaty, May, Des Roches and Stein. Commissioner Gross was excused. Commissioners Leuman and Fitzer were absent. Also present were City Administrator Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner May moved approval of the August 13, 1997 and September 10, 1997 minutes. Commissioner Des Roches seconded the motion. AYES: 4 NAYS: 0 REVIEW PROPOSED EXHIBITS FOR 3RD PARALLEL RUNWAY CONTRACT Administrator Batchelder reviewed two maps, submitted by the Metropolitan Airports Commission, which show properties in Mendota Heights impacted by potential third parallel runway at MSP. Batchelder stated MAC has proposed these maps as exhibits to the 3rd Parallel Runway Contract. Batchelder reviewed a color map which indicates that the Ldn 60 contour with the parallel runway is smaller than the existing Ldn 60 contour. He stated that the MAC has either made a mistake or that the contour on the map is really the 2005 Ldn contour. Chair Beaty stated that the existing Ldn 65 contour extends into the Bridgeview Shores neighborhood and that the map does not show this contour extending into this neighborhood. Batchelder reviewed a colored map which indicates homes that are within the contour who would experience a 1.5 DNL increase due to operations on the OCTOBER 14, 1997 -AIRPORT RELATIONS COMMISSION MINUTES . 1 third parallel runway. Commissioner May suggested that the Commission invite a MAC representative to a future meeting to address the discrepancies and other items of interest. Batchelder explained that the Metropolitan Council and the Metropolitan Airports Commission disagree with each other about the Ldn contours. He stated that the MAC has used their GIS system to establish the contours and that the Met Council did not use the MAC's disks to generate their contours. He stated that the Met Council did not transpose their contours accurately for their Air Noise Zone Area maps. Batchelder stated that if the MAC's contours are based on the 2005 Ldn contours, then the City's work on updating its Land Use Plan, using the 1996 Ldn contours, will already be considered out-of-date when it is adopted. The Commission discussed why specific areas of Mendota Heights developed as residential when the City was aware of air noise constraints. The Commission discussed a request to develop a portion of Resurrection Cemetery as submitted by Hoffman Homes. Administrator Batchelder stated that the City Council is withholding its judgment on the proposal until Met Council review. Batchelder stated that Hoffman Homes would need to apply for a Comprehensive Land Use Amendment because the property is guided cemetery. He stated that under the new Met Council land use compatibility guidelines, the Hoffman Home proposal is not compatible. Administrator Batchelder stated that he would send a letter to MAC requesting that Mr. Nigel Finney attend an upcoming Commission meeting to discuss this issue further. ENVIRONMENTAL ASSESSMENT FOR PROPOSED EXTENSION OF RUNWAY 4/22 Administrator Batchelder explained that on Friday, October 3, staff received a notice from Ms. Kimberly Hughes, of HNTB consultants, notifying the City of a comment period for the preparation of an Environmental Assessment for the proposed extension of Runway 4/22. He stated that HNTB is requesting a response from the City by October 20, 1997. Batchelder stated that due to the urgency of this request, the City Council OCTOBER 14, 1997 - AIRPORT RELATIONS COMMISSION MINUTES 2 has reviewed this document. He stated the Council wishes to express their opposition to lengthening Runway 12L/30R and the Council wants to know why the redistribution of aircraft traffic on Runway 4/22 has not occurred. Chair Beaty suggested that the City put some "teeth" into their comments regarding the extension of Runway 4/22. He stated that if Northwest Airlines asks for the extension of Runway 4/22, the City should inform the MAC that in order for Northwest Airlines to request the extension, they must comply with the Year 2000 Stage III fleet conversation mandate. Administrator Batchelder noted his displeasure with the consultant expecting the City to comment on this document by October 20, 1997. He stated that it is difficult for local governments to respond appropriately in such a short time period. Batchelder suggested that if any Commission members have additional comments regarding this issue, to please phone him as soon as possible. UPDATES MASAC EXECUTIVE COMMITTEE - REPRESENTATION Administrator Batchelder explained that the City Council had recently adopted a resolution designating the City's official representatives and alternates on the Metropolitan Aircraft Sound Abatement Council - He informed the Commission of the following: Metropolitan Aircraft Sound Abatement Council Jill Smith, Councilmember Charles Mertensotto, Mayor Kevin Batchelder, City Administrator Scott Beaty, Chair of Advisory Com. Joe Leuman, Vice Chair of Adv. Com. MASAC Operations Committee Charles Mertensotto, Mayor Jill Smith, Councilmember Kevin Batchelder, City Administrator Public Representative Alternate Alternate Alternate Alternate Member Alternate Alternate OCTOBER 14, 1997 - AIRPORT RELATIONS COMM/SS/ON MINUTES 3 MASAC Executive Committee Charles Mertensotto, Mayor Member Jill Smith, Councilmember Alternate Kevin Batchelder, City Administrator Alternate He informed the Commission of a recent MASAC Executive Committee meeting in which he and the Mayor had attended. At that meeting, Batchelder stated that the Mayor recommended that the Committee consider changing its By -Laws which would increase the representation on the Commission. He stated that this would allow Mendota Heights to increase its representatives by two. He stated Minneapolis would increase from four seats to six and Eagan would increase from one to two seats. He stated that St. Paul would lose two representatives. The entire size of the body increases to 38 members (as opposed to 34). Batchelder stated that the MASAC will vote on this issue at their November/December meeting. METROPOLITAN COUNCIL AIR NOISE ZONES - SUBCOMMITTEE PROGRESS REPORT Administrator Batchelder informed the Commission that Hoffman Homes, the company proposing to develop a portion of Resurrection Cemetery has met with the City's subcommittee and will be approaching the Met Council to discuss land use compatibility. Batchelder stated the City has broader issues related to land use and comprehensive planning that will have to be worked out over the next year. COMMUNITY STABILIZATION WORKING GROUP Chair Beaty referred to the September 2, 1997 NOISE Newsletter which discusses how Palm Beach County offers cash incentives for airlines to add Stage 3 aircraft to its fleet. He suggested that the MAC's working group research this further. OCTOBER 14, 1997 - AIRPORT RELATIONS COMMISSION MINUTES 4 There being no further business, the Airport Relations Commission meeting adjourned at 7:35. It was noted that this meeting was shorter than usual due to a 7:30 p.m. land use workshop with the City Council and other City advisory commissions. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary OCTOBER 14, 1997 - AIRPORT RELATIONS COMMISSION MINUTES 5 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, SEPTEMBER 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 6.05% FHL Bk 7% 9/27/2005 opt. 9/27/97 FHL Bk. 6.50% 9/19/2002 opt. 3/19/98 FHL Bk 7.05% (PRU) LaSalle Bank CD 5 1/2/7% FHLMC 7.23% 12/97 FBS 6.40% FNMA 6.18% 12/99-96 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 9/30/96 Rates Money Market Sept. Bank 2.85% Sept. FBS 5.13% LES:kkb BALANCE $40,593.06 $606.42 0.00 $41,199.48 $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 $211,551.29 $405,995.00 $310,164.44 $503,180.34 $152,829.94 $230,898.21 $466,080.30 $1,002,470.00 $197,530.00:, $5,906,030.09 $7,185,466.62 $5,273,665.57 COLLATERAL $600,000.00 $100,000.00 Value 9/30/97 (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 $415,000.00 $325,000.00 $475,000.00 $175,000.00 $235,000.00 $1,211,000.00 $2,506,000.00 $329,000.00 FIRE CALLS NO. MENDOTA HEIGHTS FIRE DEPARTMENT SEPTEMBER 1997 MONTHLY REPORT 97199 - 97122 NUMBER OF CALLS: FIRE 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 17 MENDOTA 1 SUNFISH LAKE 3 LILYDALE 1 OTHER TOTAL 22 WORK PERFORMED HOURS FIRE CALLS 305 MEETINGS - 64 DRILLS 112 WEEKLY CLEAN-UP 29 SPECIAL ACTIVITY 43 4DMINISTATIVE 0 FIRE MARSHAL 74 TOTALS 627 3 3 1 3 2 4 2 1 3 TO DATE 177 4 17 18 4 220 TO DATE 3257.5 514.5 1104 283 507 0 619.5 6285.5 22 MISC. TOTALS TO DATE $36,600 $1,200 $78,400 $17,000 $0 TOTAL MONTHLY FIRE LOSSES $0 $0 $0 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $ 0 $133,200 MEND. HTS. ONLY STRUCT/CONTENTS $29,800 MEND. HTS. ONLY MISCELLANEOUS $25,000 MEND. HTS. TOTAL LOSS TO DATE $54,800 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE LAST YEAR 201 6 17 8 234 LAST YEAR 3941.5 605.5 1270 290.5 890 0 653.5 7651 MN/DOT $ 0 MILW. RR $ 0 CNRRR $ 0 OTHERS: $0 TOTALS: $0 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 50.5 INVESTIGATIONS. RE -INSPECTION MEETINGS 1.5 ADMINISTRATION 22 SPECIAL PROJECTS TOTAL 74 REMARKS: SEE OTHER SIDE FOR SYNOPSIS SYNOPSIS FIRE CALLS September, 1997 The Fire Department responded to twenty two calls for the month of September. The types of calls consisted of gas line breaks, good intent calls, a CO alarm, power lines down to false alarm calls in which five were related to a storm on September 16. On September 4' we responded to a 10-52 (car accident with injuries) up by St. Peter's Church in which a small car carrying 5 high school age kids hit a fire hydrant. All five were transported to United for treatment. We had no structure fires reported for September. GENERAL DEPARTMENT DRILL This drill was spent doing a walk-through of the new Friendly Hills Middle School. The new school houses grades 5-8 and holds approximately 750 students. We became familiar with their state-of-the-art alarm system, the building layout from the mechanical room to all escape routes. We conducted tests inside and out with our radio system to insure good communications anywhere inside the building. We also reviewed our pre -plan and S.O.P. (Standard Operating Procedure) in the event of a structure fire. This pre -plan was discussed and evaluated at our monthly officers meeting. SQUAD CLEAN-UP DRILL In addition to the standard maintenance the firefighters do on all our equipment with each clean-up/squad drill, the fire fighters became familiar with 2287 Telesqurt. Each fire fighter reviewed through the instructor, then hands on familiarization with the operation of the 1,000 g.p.m. master stream nozzle. They operated the controls from the back tailboard and used the remote. We again stressed the dangers of operating the boom near power lines and reviewed our procedures when operating near power lines. FALL CLEAN-UP -We also had our fall clean-up in September. The fire fighters come up for 3 hours and clean/wax all the trucks as well as the station. This extra clean-up is performed twice a year. - NEW RECRUITS The City Council approved five new probationary members for our fire department. They are Rob Galezewski, Rich Burrows, Dave Bell, Tracy Wilcziek, and John Boland OCTOBER PLANS TO BE BUSY MONTH The first week in October kicks off Fire Prevention week with Saturday October 11 being our Open House. Roy Kingsely, Fire Prevention Chair, and the Fire Prevention Committee have worked very hard to ensure a fun and educational day at our station. Our dance (49' annual) will be held October 25' at the Prom Expo Center. On October 31", Halloween night, we will again be involved with our bonfire in the cooking and dispensing of hot dogs and pop as well as safety around the bonfire. FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR SEPTEMBER 1997 S tat Aect. Includes Publlc Relations and Special Mt to CALLS FOR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER SQUAD FALL SPECIAL 22 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL CLEAN-UP ACT. YEAR TO DATE ATTD HOURS ATTD THIS 1 2 2 3.5 2 3 ADM 220 MONTH MONTH YEAR YEAR HOURS HOURS HRS. HOURS HOURS HOURS HOURS HRS Adrian Ed 7 7 98 45% 1 2 1.5 2 3.5 1 Belt David 0 0 0 0% Blaeser, Bret 1 14 1 14 130 591/6 1 2 1.5 2 1 Boland. John 0 0 0 OY. Burrows. Rich 2 2 2 1% Brennan, Mike 0 0 23 101/6 Coates, Aaron 5 5 69 31% 1 1 2 1.5 2 Connolly, Marcus 1 6 6 98 45% 1 2 1.5 2 3 5 Coonan, Mike 5 5 81 37% 1 2 1.5 2 1 Dreelan, David 8 8 105 I 481/. ! 1 2 1.5 3.5 2 3 1 Dreelan, Paul 14 14 89 40% 1 2 1.5 2 1 3.5 1 Galezewski, Robert 0 0 0 01/6 Husnik. Ted 6 6 61 281: 1 2 1.5 �- 2 1 Katzenmaier, Ron 13 13 138 63% 1 2 1.5 2 •3 4 . Kaufmann, Mark 15 15 111 509'. 1 1.5 2 3 Kliburg, Jim 9 9 113 51% 1 1 2 1.5 3.5 4 2 5 Kingsley, Ray 12 12 117 53% 1 2 1.5 3.5 2 3.5 1 Klarkowski. Walt I 5 5 46 21% 1 2 1.5 2 3 La akko, John 14 14 139 63% 1.5 3 1 Lerbs, Jamie .. 9 9 111 501/. 1 2 1.5 2 1 3 5 Lowe, George • 19 19 156 71% 1 4 I 3.5 2 3 1 Maczko. John 6 6 88 401/. 2 1.5 3.5 1 Maczko, Mike 12 12 104 47% 1 2 1 2 McNamara. Randy S6 25% Nelson, Gerald, Jr. 15 15 106 48% 1 2 1.5 I 2 3 4 0 0.". Olund, Tom 7 I 7 70 1I I 32% 1 1.5 2 Oster, Tim 14 14 97 44% 1 2 1.5 2 Paton, Dave 4 4 79 36% 1 2 1.5 2 3 1 Perron Jim 8 8 97 44% 1 1.5 2 1 1 1 Perron. Kevin 11 11 87 40% 1 2 1.5 2 1 Shields, Tom 8 8 I 78 35% 1 2 1.5 2 S 'erven, Gordy 11 11 128 58% 1 2 1.5 2 I 3.5 5 Stein, Keith 19 19 153 70% I 1 2 1.5 2 3.5 1 Slenhaug, Jeff 7 7 91 41% 2 2 1.5 3.5 2 3.5 1 Weinzettel, Tom 5 5 65 30% 1 2 1.5 2 Weisenbur, er, Ken 6 I 6 110 501/. 1 2 1.5 2 3 Wilcziek, Tracy 1 1 1 01/. ZMrn. Dick 8 8 67 30% TOTAL FOR MONTH 305 TOTAL ATTENDED 29 1 27 21.5 6 2918 TOTAL FOR YEAR 3257.5 TOTAL MAN HOURS 29 54 43 21 58 56 43 0 THIS MONTH LAST MONTH LAST YEAR I THIS ON. AVE. RUNSIMAN 9.53 XXXXXXXXXX XXXXXXXXX AVE. MEN/RUN 1.39 I 13.89 1.58 AVE % FOR YEAR 44.94 45.12 53.84 October 15, 1997 To: Mayor and City Council �G�, From: Kevin Batchelder, City A st�atdr Subject: Communications Status Report DISCUSSION At the August 19, 1997 meeting, the City Council authorized the 1997 amendment to the dispatch service agreement with the City of West St. Paul. The City Council also requested that the Police Chief provide a report on whether Mendota Heights is receiving adequate service and whether the agreement is also satisfactory for 1998. Police Chief Delmont has submitted a Communications Status Report that addresses the status and condition of our communications system and service. (Please see attached report.) ACTION REQUIRED There is no action requested, this item has been placed on the City Council agenda in response to a request for a status report. d Mendota Heights Police Department MEMORANDUM October 10, 1997 TO: Kevin Batchelder FROM: Chief Delmont Subject: Communications Status Report You recently indicated to me that Council was interested in a report on the status and condition of our communications system. As a result of this concern, I have generated the following report: Hardware The basic equipment at the West St. Paul Police Department is in good condition. It has been periodically upgraded since the major reconfiguration over ten years ago. The latest upgrade involved the second channel. Channel 2 has now been successfully upgraded to the level of channel 1. As a result, the involved agencies have two clear channels with excellent range and penetration. Our officers have coverage anywhere in the city with either squad or hand-held radios. As far as our department is concerned, we have maintained a regular replacement. schedule of radio equipment and that schedule has resulted in each officer and.each vehicle having the optimum capability within the network. Communication Center Personnel There has been a certain amount of turnover among dispatchers, but the quality of the Comm Center personnel's performance has become increasingly better over the past years. There is in place a procedure for reporting complaints, and that has resulted in those complaints being quickly investigated and resolved. The communication between our department and the administrators of the West St. Paul Police Department remains excellent. Agency Personnel With three police departments and three fire departments sharing a single channel, there are bound to be problems. These problems occur as a result of differing levels of radio discipline and courtesy and the sheer numbers of units who require the attention of the dispatcher(s). This problem was much worse when the consolidation with South St. Paul began, and has improved slowly but steadily since then. The major hurdle remains the under utilization of channel two, and the congestion on channel one. There have been several meetings between the involved agencies, and we are all working towards a reasonable and efficient use of the full potential of the system. Even with two. fully utilized channels, there will still be a lot of traffic, and the need for MDT's and -cell phones for non- emergency communications will still exist. Our police department uses three MDT's (Mobile Data Terminal) and we have budgeted for a fourth this year. Each squad is equipped with a cellular phone. The phone bills have been averaging approximately $50 per month per phone. Much of this cost is a result of "squad to squad" phone calls that result in us being billed twice for each call. We have recently discussed this problem with our officers and I fully expect to see a dramatic decrease in this type of call. All cell phone bills are examined for personal calls and calls that exceed three minutes. We have yet to discover any abuse and the squad to squad calls appear to be our greatest problem. Conclusion After a rocky start, problems associated with the consolidation of the Mendota Heights, West St. Paul and South St. Paul Police and Fire Departments onto a single radio network have steadily lessened. The number of complaints from our officers has declined considerably, and when there is a complaint, a speedy and satisfactory disposition is achieved by West St. Paul. I am opposed to entering into any long-term commitment to the City of West St. Paul and feel that we should maintain our right to migrate on short notice if something unforeseen should cause a serious degradation of the service. I am, however, satisfied with the progress we have made, the level of the service provided, and the mechanisms in place to further enhance that service and resolve complaints. CITY OF MENDOTA HEIGHTS MEMO October 15, 1997 To: Mayor and City Council From: Kevin Batchelder, City Administrator Subject: Preliminary Summary: Dakota County Public Health Plan Update DISCUSSION Dakota County is updating their Public Health -Plan that was established for the period of time from 1996 through the year 2000. They have provided us a copy of the executive summary for our comments. This memo is intended to forward this information to the City Council. Staff has no comments to forward to the County regarding the update of their Public Health Plan. ACTION REQUIRED Unless the City Council desires to submit comments to Dakota County, there is no action required, this executive summary is being forwarded for Council's information. DAKOTA COUNTY DATE: TO: FROM: SUBJECT: PUBLIC HEALTH DEPARTMENT COMMUNITY SERVICES DIVISION REPLY TO: 161 North Concord Exchange Suite 450 South St. Paul. MN 55075 (612) 552-3100 Fax (612)552-3130 October 7, 1997 DONNA M. ANDERSON PUBLIC HEALTH DIRECTOR (612) 552-3100 If /IIS ❑ 14955 Galaxie Avenue West ! 111 Valley, MN 55124 (62) 891-75W 1 I))I n ^ Fax (812) 891-7565 f� �j �J (x V V 1997 Persons Interested in the Health of Dakota County Citizens Donna Anderson, Public Health DirectorQ� e, � Preliminary Summary: 1996 to Year 2000 Dakota County Public Health Plan Update You will find enclosed a copy of the Preliminary Summary. 1996 to Year 2000 Dakota County Public Health Plan Update. This five-year plan presents the most important 11 public health problems identified through the community assessment process and the intervention strategies to address these problems. - We value your experience in living and/or working in our community. We want to know what you think about the preliminary plan update. It is important to receive comments from you and other community members because it will help make the final document more useful to all of us. The final plan update is to be completed by October, 1997. Your thoughts and comments can be shared in the following ways. Public Meeting. The Dakota County Board of Commissioners is seeking comments on the preliminary plan update and has scheduled a meeting for this purpose follows: Tuesday, October 21, 9:00 a.m., County Board Room, Dakota County Administration Center, Hastings. Written Comments. In addition to public comments at the October 21 meeting, written comments will be accepted until October 28. These should be submitted to the Public Health Department at the address checked above. We encourage you to share this preliminary plan update with other people in your organization or group. If you wish additional copies or for more information, please contact Shar Zilge at 552-3100. Thank you for your interest in working with us to assess and address the health needs in our community. Enclosure JMRICORR: M-PLAN10 Printed on recycled paper. 20% post -consumer 4A AN EQUAL OPPORTUNITY EMPLOYER i • v F r- EXECUTIVE SUMMARY Preliminary 1996 to Year 2000 Dakota County Public Health Plan Update .September 1997 _..:::I:N:T:ROD.U'.CTIO:N..:.:.::, The Local Public Health Act (Minnesota Statutes 145A.01 - 145.922) allows counties to organize a Community Board of Health whose .purpose is to provide _or assure the provision of public health services. According to this statute, public health services are designed to °protect and promote the health of the general population within a health service area by emphasizing the prevention of diseases, injury, disability, and preventable death through the. pTomotion of effective coordination and use of community resources, and by extending health services into the community.'- - - - The Dakota County Board of Commissioners .assumed the powers 'and duties of a Community Board of Health in 1977. State law requires that each Community Board of Health submit a .five-year plan to the. -Commissioner of Healthy at the -'Minnesota Department of Health. _ This plan outlines themost important public health problems and presents goals,' objectives and strategies toaddress the problems and toytake advantage of opportunities. The' mission of the .Dakota• County Public Health Department is ..to3bring; people together to create a healthy, future -for all residents of.Dakota County.",.,This. mission_statement commun'icates'a holistic'view of health and the value of involving citizens. O •tea i�_....i _f - j. _ :�'Y-J` �: Vii.+_=L� A thorough assessment of the health, social, ' and environmental indicators.. in 'Dakota County was conducted in 1995. This ' process involved the _ active _participation of community members through two primary groups, the Dakota County : Human _Services Advisory Committee and the Public Health Workgroup. An update was conducted in 1997 to assess for changes in the identified problems: The community assessment indicators for Dakota County revealed the following new data. _ • The 1995 population estimate was 316,272 (U.S. Census); as of April, _1997 the estimate is at 332,550, up 24,000 people from 1994. The County's population grew by 42% between 1980-1990. Annual growth has slowed in the 1990s, but estimates are for Dakota County to have a population of over 460,100 by 2020. • Much of the growth until now has been among people ages 25-44 (many of whom are parents) and 0-4 years old. This will change as the. 25-44 year olds retire and their children grow up. After 2000, the number of children in the 0-4 year old category will begin to decline. 1 • In the coming decades, on average the Dakota County population will become older. The median age of the population in 1995 fell within the 30-34 year old age group. In 2020, the median age will fall within the 35-39 year old age group and the population over 65 years of age is expected to more than triple. • Population densities are highest (4,000 per square mile) among the older cities in the northern part of Dakota County. The new cities in northwest and western areas have densities around 2,000 per square mile. 11 of 30 health problems were identified as the most important. A summary of these health problems follows: • Infants and children at risk for illness and death from diseases that could be prevented by vaccines. -In the 1992-93 kindergarten retrospective survey, 52% of Dakota County infants and preschoolers were not fully immunized by 20 months of age. Figures from the 1996-97 kindergarten _ retrospective survey show_ an improvement._• However, 37% of the*children'are still not fully immunized by 20 months of age..:;; ._ _. _. Children and adults at -risk for illnesses and death from diseases that could be ;prevented by vaccines. 18% of the population, a total of 52,049 people from age 4 through'old age may require 1 or more immunizations -each year, iricluding `hepatitis B, tetanus, and influenza. - "- • Adolescents and young adults at -risk for sexually -transmitted diseases. Overall the gates for chlamydia and gonorrheain 1995 in the :County a�e'down -slightly from 1993'` However, the majority of cases -of both'continue to 'occur in the 15-24 year age population. �' - _ • Youth access to alcohol, tobacco, and other illegal drugs. The 1995 student --survey-showed -a slight increase in all three grades -of students -reporting that -they engage in occasional binge drinking: -0.9% of sixth 'graders- up'from 0.8%; 11 % of 9th - graders - up from -•10%; -and, --33% of -°12th - graders -up from -32% --Despite efforts to control youth .access to tobacco, following a drop in students reporting weekly tobacco use from'1989 to 1992, there was an increase in all three grade levels in 1995 taking it higher than the 1989 levels. _ • , Children and families at -risk for sexual, emotional and physical abuse. The students surveyed continue to report being a victim of family violence or having witnessed family violence in all three grade levels: 15% of 6th graders, 17% of 9th graders, and 14% high school seniors. • Adolescents at -risk for juvenile crime and arrests. The numbers of youth reporting participation in fights and vandalism decreased slightly in the 1'995 school survey: 46% of 6th grade boys, down from 50%, and 24% of 6th grade girls, down from 30%, report that they had at least one fight during the year, while 32% of the 6th grade boys, down from 39%, and 46% of 9th grade boys, down from 56%, report that they were involved in vandalism. Actual figures show that juveniles apprehended increased by nearly 48.9% in Dakota County from 1991 to 1994. Misdemeanor offenses fueled the growth in juvenile apprehensions between 1993 and 1995, more than doubling from 575 to 1,258. • Adolescents at -risk for pregnancy and birth. 5.1 % of all live births in Dakota County were to adolescent mothers. This represents a 10% increase in actual births to this population from 1993 (241) to 1995 (265). 2 W • Children and adolescents at -risk for developmental, health and nutritional problems. Steadily increasing numbers of infants and children are being served through early intervention and special education programs in Dakota County. According to estimates, it has been suggested that approximately 30% of the child population have chronic conditions requiring more than routine health care. This estimate represents 31,723 children in Dakota County. • Medically -fragile adults with decreased ability to manage activities of daily living. 6.7% of the County population is 65 years and older and are at -risk of suffering the effects of heart disease, stroke, arthritis, and other debilitating diseases. It is estimated that this population will triple by the year 2020. • Frail elderly who need low-income housing and supportive services. Nursing homes are not the first choice of elderly people or their families. Low cost alternatives are needed. In the coming decades, the Dakota County population will become, on an average, dramatically older, challenging the availability of housing to meet their needs. • People at -risk for health problems because they have no or inadequate health insurance coverage. The number of people in Dakota County who are uninsured or underinsured in one year is estimated to be between 2.7% and 8.9% of the population. During the assessment process, 15 health problems were identified as moderate importance; 4 health problems were rated as lower importance. In 1997, three problems from these 19 have been selected as needing further study and investigation.- • People at -risk for long term =disability and ,''premature death -due to =chronic - -.disease,�:such as diabetes, hypertension, -asthma;, cardiac.- Causes .of ,disease, disability, and death are chiefly a result of human behavior. :,Based -on-a:state'i1995 behavioral risk survey, it is estimated that the following percentage of adults in Dakota County -are at .risk for engaging .in behaviors that -may. lead to _ health'-:pioblems, disability and death: 19% seat belt nonuse, 29% overweight, 16% hypertensi6'n;122% current smokers,=20% drink at least:five or more alcoholic drinks.on-at`leasVbne occasion in a month, 5% drink 60 or more alcoholic drinks a month, and 5%drink and drive. • Children at risk of lead exposure due to home environment and adults at risk of lead exposure due to work environment. In Dakota County, approximately 62% of the housing stock was built before 1980 when lead based paints were common: In addition, there are a number of businesses and industries which utilize lead either now or in the past. Although lead screening has become more common, it is not standard practice. Referrals to the public health department for elevated blood lead levels in children and pregnant women (only ones that are reportable) have increased from 1994 to 1996. • Adults and children with decreased ability to manage daily living activities due to mental illness and serious emotional disorders. Preliminary data indicates that 42% of the 200 clients receiving health services in the home from county public health and social services personnel in May, 1997 had a diagnosis of a mental illness. Although actual numbers are not known, the public health nurses involved with young families report an increase of mental health problems among the parents and children on their caseloads. 3 B'L"UE-PRINT-:FOR AGT1ON. Government at county, state and federal levels generally fulfills the mission of public health and implements core responsibilities of community health assessment, policy development, and assurance. These responsibilities are linked in an ongoing, dynamic process. Part of assessment is determining whether prior policy development and assurance activities had the desired effects. Doing it well or making sure someone does it well. Assessmen Assurance t Determining what are the important health - problems and what needs to be done. Policy Development Deciding what is to be done. Guiding principles that reflect community_ values and beliefs are incorporated into goals, objectives and intervention strategies. These 11 principles focus on the following values: prevention, personal responsibility,�early identification/intervention, return on investment, safety -net, :-outcomes;::collaborations/partnerships, leadership; public --involvement, interrelationships, -and accountability. = . - s -A set of 12 goals, .with a series of measurable objectives presented under each goal, are set forth in the plan to address the 30 health -problems over the -next five years. 120 -intervention --.strategies are organized in . the =framework of -=-core -responsibilities of government as outlined above. In the full plan update, -a brief status report is included for each strategy. Four (4) new intervention strategies are recommended for implementation by Community Boards of Healths and public health departments .in the east metropolitan (Dakota, Ramsey, and Washington counties) and/or seven -county metropolitan region. They are as follows. 1. Design and develop a population -based health data system, with the initial focus on data regarding family/community violence, alcohol use/abuse, immunization levels. 2. Establish and maintain an automated population -based immunization registry to make immunization records more accurately and easily available to parents and health care providers. 0 3. Assess needs, design and/or develop resources for aging populations through the East Metro Seniors Agenda for Independent Living (SAIL) that includes: - housing with services and other options - central intake system to intervene earlier - data sharing across systems - service coordination models - consumer and professional -oriented education and training materials that show how the long-term care system works 4. Prepare for the county role in purchasing publicly -funded health care services for low-income populations and pool resources, where possible, for conducting special studies, evaluating policy options, and planning organization structures and program designs. The intervention strategies include those policies, programs, or initiatives for which the Community Board of Health and its Public Health Department and community organizations, individually and collectively, could reasonably provide leadership and coordination. Government should not and cannot implement the strategies alone --- successful collaboration among many partners is needed. Major partners that represent broad components of the community are identified. An evaluation plan details the process for tracking the achievement of the measurable objectives toward the broad goals. 5 CITY OF MENDOTA HEIGHTS MEMO October 21, 1997 TO: Mayor, City Council and City Administrator FROM: Guy Kullander, City Hall Building Manager J SUBJECT: Landscape Improvements at City Hall Southview Design has prepared the attached plan for landscape improvements, at the west end of the City Hall Building, to correct a storm water erosion problem. The estimated cost for this project is $10,000, funding would be provided by the City Hall Contingency Fund. The proposed work would consist of. 1. Retaining Walls $ 4,300 2. Drain Tile/Storm Sewer $ 1,200 3. Turf Restoration $1,100'.. 4. Edging and Mulch $ 1,500 5. Plant Materials $ 1,900 - Total: $10,000 Attached is an overall plan of the improvements proposed at City Hall. Also, attached are two "blow up" sections showing the major work elements. If Council directs staff to proceed with this project, bid proposals would be sent to local landscape contractors with a bid due date of November 3". Bids would be presented to Council on November 41 for consideration. CONSTRUCTION TIME -LINE If Council awards the bid on November e the contractor will have the option to begin the work this fall (retaining walls and storm water piping) and complete the remainder of the work in the spring, or do all the work next spring with a final completion date in June 1998. Allowing a 1998 completion date, should result in a low competitive bid because this would be the contractors "fust job" in the 1998 construction season. I recommend that Council review the proposed plan, and if acceptable direct staff to contact local landscape contractors for construction bids. If City Council desires to make landscape improvements at City Hall to correct an erosion problem, they should approve the proposed plan, and direct staff to begin the bid process. 0 6J...r9 o.e. n. �9 1.0.1 Cbq..00d O� I", la.M1.' . E.7�v M fl —.r.r £91ry 30' — 3' ondr n. Brrd vha Ta T. Mo W 0/d. T. Fran, sk— c— (a191 d N Non. Bor.�od Non. gi.VM..r.r 20— So— n b�wn.ieo iMfhorrr Wora.r 7 9d.oD'-ad Cone. I.owl'..99d9 M Yw Toa.. mdl. d.nr/arml. 9 9d• curt. N -- 9N. d Bukarq 1. �aoaw+brrr LI al." s-- T. B. R.IaiYy M.M. T. B. M— 3 •wkry. H.Ighr. /a. NT.d i'iada MWr T. B. 1 1/S Ward W..r Roo aolr llvr Te b Pa Vrd.r N N. Rada 1•'41dr .0 a 8, To B. " d .rid `.nan.d !nuns eh—M. d — Br orh.ra 4nlg— PZ dm To B. 0— Br 0t m r—.— o E—a ..m 7 e Y— E+JnM Yvr.a1Y Y— — 7 .oda M 30' .� —� 9vrp Croda T. +mq 1�'n oc9�d — f .ln`q I.orn Oo9wad Rylooc 19 l.am1 D Bl f— P .terror. 91un9. RonNp ErJnlrrp l.ern owwoaa • � Soutbview Design —* LANDSCAPE CONTRACTORS 455-8238 1870 E 50TH ST, STE 2 INVER GROVE HEIGHTS, MN 55077 P1 F-.-" -- 0.q — Ldaa 3 R.mw. cu—% .edou 11.rM1 paT.00a Cat,ch Basin ,To ITie' Into'• Existing D rain Tile b 0;i18 Isanti:009w00d 9 Anthony Waterer 5 pirea 24' ?b ke 1 i Pair 1-:4 wk 30' 3 Drain Tile Behind W all To Tie Into 4* Drain Tile From Sump Crock (typ.) Vinyl Landscape Edging 30' AC We5T egb OF e-ITY HA%LL 30* -1—Sump Crock To Catch Gutter Water 4' Drain Tile F. Replace 131 Isantli Do ?owood I' `::'ili' ir Remove Stumps Be e Planting Existing Isantil Dogwoo,d 4 Soutbvietv Desnyn—*_ LANDSCAPE CONTRACTORS 455-8238 1870 E 50TH ST, STE 2 INVER GROVE HEIGHTS, MN 55077 O 00 0 M CYI0 Cn Z � z Cn v M a N 0 M n N. Z _ Z Z -� �b rn D M 0 0 (� O N• < M criI M_ T G7 Cb N Cl) K Z 0 v ty. Common Name Botanical Name - -- - - --------- --- --------- Size --- - nthony Waterer 5pirea 5piraea x bumaldo 'Anthony aterer 2 gal. cont. Banti Dogwood Gornus sericea Banti gal. cont. inged E uonymus .-_._...._. _ uonymus a atus 5 gal. cont. Spreading Yew • axus media densi orm s •_ -,- - 5 -gal. cont. N otes: -Existing Slope On W est_Side Of Building Is Approximately 4:1 _._._.... - _ _._ ...._ _ _..... -----Retaining Walls --T-o-Be -D lamond -3-W.oyi-H eights -As-N --------------- ---- ---- -- - - - - -- ---Rock Mulch To Be 11/2' Washed River Rock --- ".'Poly Liner To Be Placed_U rider All N ew Rock M uIC_,K.,.•__ ___ __ _ _.__. -• _•__-". -Gatch Basin To Be Supplied And Installed By Others -- - ----- -Gutter Sheet Metal W ork By Others -- -Irrigation Repairs To Be Done By Others - " :; •"' '7,i ---- -Remove 6 Euonymus $ Add 7 Spre•ading'Yew Existing Spreading Yew i �V .'Q/ I Add 2" Rock Mulch CITY OF MENDOTA HEIGHTS MEMO October 15, 1997 TO: Mayor, City Council and City A nisr or FROM: Guy Kullander, City Hall Building Manager SUBJECT: Landscape Improvements at City Hall DISCUSSION: Council authorized the preparation, by a landscape architect, of a plan and bid specifications for a landscape improvement at City Hall to correct an erosion problem at the west end of the building. Southview Design was directed to prepare a plan, specifications, and a construction cost estimate that will be available Tuesday evening for review by the City Council. If Council directs staff to proceed with this project, bid proposals would be sent to five or six local landscape contractors with bid due date of November 30. Bids would be presented to Council on November 41 for consideration. If Council awards the bid on November 41 the contractor will have the option to begin the work this fall (retaining walls and storm water piping) and complete the remainder of the work in the spring or do all of the work next spring with a final completion date of June, 1998. No action is required, this memo is for information only. A final plan and staff recommendation will be presented to Council on Tuesday evening. y Ft tM11� .1 October 16, 1997 To: Mayor and City Council LUO From: Kevin Batchelder, City A strator Subject: Participation in Metropolitan Livable Communities Act in 1998 In November 1996, Mendota Heights elected to participate in the Metropolitan Livable Communities Act for the Calendar Year of 1996 by adopting Resolution No. 95-59. This action was followed by adopting a Housing Goals Statement on December 19, 1996 and agreeing to prepare and submit a plan to the Metropolitan Council as part of the Dakota County Cluster, indicating the actions it will take to carry out our goals. In June of 1996, the City participated in a joint action plan coordinated by the Dakota County HRA and the Dakota County Cluster Plan was submitted to the Metropolitan Council. It was approved by the Metropolitan Council following submission. Last year at this time the City Council adopted Resolution No. 96-85, RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1997. Attached you will fmd copies of the resolution to participate for both 1996 and 1997, our housing goals statement and our Action Plan Attachment to the Dakota County Cluster Plan. (The whole Dakota County Cluster Plan document has not been attached due to its length. Should any Council member desire a copy prior to Tuesday evening's meeting, please contact Kim Blaeser at 452-1850 and a copy will be provided.) Also attached is a copy of the LCA Survey, which documents 1996 progress, that was submitted to the Metropolitan Council in September. Each year, participants in the Livable Communities Act must submit a report to the Metropolitan Council. The Dakota County Cluster submits a joint report that summarizes the progress of each of the individual communities. (Please see September 11, 1997 memo from Tracie Chamberlin, HRA.) DISCUSSION Each municipality participating in the Metropolitan Livable Communities Act, must voluntarily agree to participate each year of the program in order to be eligible for grants and loans under the program. This voluntary participation must be done by resolution prior to November 15th of each year, for the coming year. Attached is a proposed resolution agreeing to participate —the Metropolitan Livable Communities Act for 1998. A requirement to participate in the Metropolitan Livable Communities Act is to support the program in an amount identified as the affordable and life- cycle housing opportunities amount (ALHOA). Mendota Heights' ALHOA for 1998 is $6,671. This amount will easily be covered by our annual Community Development Block Grant (CDBG) allocation and other activities made on our behalf by the Dakota County HRA. (Please see attached August 12, 1997 memo from Thomas McElveen� � _ While voluntary participation, by resolution, is required each year of the program, it is not necessary to go through the process of adopting housing goals statements and action plans each year. Housing goals statements and the action plan are only necessary the first year of the program. The Dakota County Cluster Plan that we are participating through is a five year plan that was widely praised within the housing community. If the City Council desires to participate in the Metropolitan Livable Communities Act in 1998, they should pass a motion adopting Resolution No. 97- , A RESOLUTION' ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT. n CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97 - RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing -Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the -Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is .participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council and the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1998, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996 and 1997, can participate under Minnesota Statutes Section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program4 by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality. NOW, THEREFORE, BE /T RESOLVED THAT the City of Mendota Heights hereby elects -.to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. Adopted by the City Council of the City of Mendota Heights this 21 st day of October, 1997. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Merterlsotto Mayor' 0 0 7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- 85 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communiiies Demonstration Account and the Local Housing Incentive Account, is intended to.provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, -.a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding -from the Minnesota Department of Trade and Economic Development unless the municipality: is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council -as-provided in the, adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council and the actions the' municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes"Section 473.254 only if: (a) the municipality elects to participate in the- Local Housing Incentives Account Program by November 15, 1996; and (b) the Metropolitan Council and the municipality' have successfully negotiated affordable and life -cycle housing goals for the municipality. NOW, THEREFORE, BE /T RESOLVED THAT the City of Mendota Heights hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. Adopted by -the City Council of the City of Mendota Heights this 5th day of November, 1996.. By ATTEST: kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor r RESOLUTION NO. 95-59 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNUM ACT FOR CALENDAR YEAR 1996 WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by the Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and VIHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the -actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life -cycle housing goals for each municipality by January 15, 1996; and WHERREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if. (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life -cycle housing goals for the municipality; and (c) by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life -cycle housing goals for each community. G NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights that the City of Mendota Heights hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996 contingent upon the following conditions: 1. That the Metropolitan Council and the City of Mendota Heights successfully negotiate mutually agreeable affordable and life -cycle housing goals for the City of Mendota Heights; and 2. That the Metropolitan Council adopts by resolution the negotiated affordable and life- cycle housing goals for the City of Mendota Heights. CITY COUNCIL CITY OF AIENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Yathleen M. Swanson, City Clerk s' V t° 2. 3. 4. 5. 6. HOUSING GOALS STATEMENT METROPOLITAN LIVABLE CONRqUNrIUS ACT TCIPLES ,ity of Mendota Heights supports: A balanced house supply, with housing available for all people at all income levels. The accommodation of all racial and ethnic groups in the purchase, sale, rental, and location of housing within the community. A variety of housing types for people in all stages of the life -cycle. A community of well-maintained housing and neighborhoods , including ownership and rental housing. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. To carry out the above housing principles, the City of Mendota Heights agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life -cycle housing goals for the period 1996 to 2010, and use its best efforts, subject to market conditions and resource availability, to remain within or make progress toward these benchmarks. To attain the stated goals, the City of Mendota Heights elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996 as part of the Dakota County cluster, indicating the actions it will take to cavy out the above goals. CERTIFICATION Mayor 5S - Date CITY DIDEX BENCHMARK GOAL Affordability Ownership 34% 69-70% Maintain existing, explore attaining, benchmark Rental 4% 3S40% Explore attaining benchmark U&4 -j cle Type (Non. -single family detached) 23% 35-38% Explore attaining 35% Owner/renter Mix 91/9% (72-75)/ Explore attaining 25% rental Density Singlo-Family Detached 1.5/acre 1.9-2.1/acre Explore attaining 1.9/acre Multifamily 8/acre 10/acro Explore attaining 10/acro To attain the stated goals, the City of Mendota Heights elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996 as part of the Dakota County cluster, indicating the actions it will take to cavy out the above goals. CERTIFICATION Mayor 5S - Date JUN -11-96 TUE 10:51 AM DAKOTA COUNTY HRR FAX NO, 6124238180 P,02 METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment �� O for the Community of MENDOTA HEIGHTS Z. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? A. OVERVIEW: Mendota Heights is a family oriented community that emphasizes single family residential living, parks and open, spaces and preservation of natural resources. A comprehensive plan has been in place in Mendota Heights since the late 1950's that has emphasized orderly growth, preservation of natural resources, parks and open spaces and opportunities for the development of a strong commerciallindustrial tax base. It is estimated that ninety five percent (95 %) of the residential land area in Mendota Heights is developed. The City does not meet the current benchmark indicators for communities of similar location and stage of development. However, if our community was looked at in terms of the school district boundaries, which includes West St. Paul, Lilydale, Sunfish Lake, Mendota and northern Eagan, it would likely meet the benchmark indicators. There are no concentrated retail centers or downtown areas in Mendota Heights, although about twenty-five percent (25 %) of the City has been set aside for business development. The majority of the business development area has been set aside in the industrial park, an area of the City that is within the noise zones generated by air traffic from the MSP International Airport. As a noise impacted area, this quadrant of the City is incompatible for residential development. In response to environmental initiatives, the City has a strict wetlands ordinance that protects the natural resources in and around wetlands, creeks, ponds, and lakes in Mendota Heights. This ordinance was adopted in 1979, one of the first wetlands protection ordinances in Minnesota. The Critical Area Ordinance Overlay district is another environmental ordinance that has been in force since 1976. It requires the protection of wooded slopes along the bluffline of the Mississippi River to conform with the Department of Natural Resources bluffline restrictions. B. AFFORDABILITY: Mendota Heights housing offers a wide range of values with many homes falling into the affordable classification. The cost of housing in Mendota Heights is higher than that found in Dakota County or the metro area as a whole. The costs of housing have also increased at a faster rate than that of surrounding areas. This is due in part to inflation, however, it is also due to Mendota Heights' location advantages and relative proximity to both downtown St. Paul and downtown Minneapolis. This locational advantage has increased the demand for housing as compared to surrounding areas. The City has little influence over the type and cost of housing units constructed. Market factors such as JUN -11-96 TUE 10;51 AM DAKOTA COUNTY HRA FAX NO, 6124238180 P.03 mortgage rates and the availability of mortgage loans, the costs of land, labor and materials, and the location of school districts have a much greater impact on the cost of housing than any public actions. Reversing development trends and market action for housing is difficult, especially when coupled with the Iack of land availability. Given real estate market conditions and rising assessed valuations in Dakota County, it will be difficult for the City to maintain current levels of affordability. It is estimated that the residential component of Mendota Heights is 95 % developed and therefore few opportunities remain for future residential development. Land availability for future residential construction is scarce and scattered over a few small sites which may only be appropriate for infill development. It may be physically impossible for Mendota Heights to meet the suggested benchmarks. The Dakota County Action Plan calls for the provision of 2,639 affordable units over the next five years. Any units created beyond those specifically contemplated in the Action Plan would need to be the result of market reaction to this Action Plan and to development guideline revisions that may come about as a result of this agreement. The same holds true for rental units. C. OWNER/RENTER MIX: The City does not meet the current benchmark indicators for type or for owner/renter mix. The City will move towards the Iow end of the benchmarks for type and for owner/renter mix through participation in the Dakota County Action Plan and through private market reaction to this Action Plan and to development guideline revisions that may come about as a result of this agreement. According to the Metropolitan Council's calculation, 91 percent of Mendota Heights' housing units are owner occupied, while 9 percent are rental units. While there is potential for the percentage of rental units in the city to increase, the proposed benchmark figure of 25 percent rental is not considered attainable. Historical market conditions for rental housing and the lack of available land (outside the air noise corridor) indicates the achievement of this benchmark to be very difficult to attain. The City's existing rental housing supply responds to existing market conditions and land availability. D. DENSITY: The City does not meet current benchmark indicators for Single Family Detached and Multi -Family densities. The City will move towards the benchmark indicators for Single Family Detached and Multifamily densities through participation in the Dakota County Action Plan and through private market reaction to this Action Plan and to development guideline revisions that may come about as a result of this agreement. There is significant open space in Mendota Heights due to the existence of large wetlands, critical areas, three golf courses, three cemeteries (including Resurrection Cemetery, the largest in the State of Minnesota), and interstate highways that bisect the community. . The Metropolitan Council has established air noise zones in Mendota Heights which make residential land uses incompatible in large segments of the community. JUN -11-96 TUE 10;52 AM DAKOTA COUNTY HRA FAX NO, 6124238180 P.04 In compliance with previous Metropolitan Council and agency initiatives, Mendota Heights has adopted regulations for environmental protection, including a Wetlands Protection Ordinance, a Critical Area Overlay District (Mississippi River Bluffline), and a Tree Removal Moratorium, as well as, National Urban Runoff Protection (NURP) ponding requirements. These regulations are designed to protect wetlands, drainageways, steep slopes and wooded areas, and to comply with the requirements of other state and federal regulatory agencies. The City believes the benchmark indices for density should be reflective of these environmental restrictions and not based on gross acreage calculations. 2. What has the community done already to encourage the availability of affordable and life cycle housing? A. While spacious single family residential land uses have been emphasized, the City supports the provision of a diversity of housing types. This is evidenced by: 1) The Southeast Area Plan which was approved by the Metropolitan Council in 1987. This Plan provided -for the rezoning from rural residential to HR -PUD and MR -PUD land uses for the Southeast Area, approximately 160 acres. 2) Participation, through the Dakota County HRA, in the provision of low and moderate income housing programs including: * Section 8 Rental Assistance Program including rent certificates, moderate rehabilitation and project based housing assistance. * Community Development Block Grants (CDBG) funds have been set aside for five years in order to fund site acquisition and installation of public improvements to assist in providing low and moderate, income housing for senior citizens. A 65 unit senior housing facility will be constructed in 1996. CDBG Rinds for 1992 through 1996 have been set aside for site acquisition. * CDBG funds have been appropriated by the City in the past for low income housing rehabilitation loans and for assessment abatement for low income families. * Low and moderate income families also participate through HRA in the Minnesota Housing Finance Agency's programs such as: - MHFA Home Improvement Loans.. - MHFA Local Participation - MHFA Home Rehabilitation Loans - MHFA Home Energy Loans * Dakota County HRA also administers the following programs in Mendota Heights: - Rental Rehabilitation -• - CDBG Rehabilitation Loans - Weatherization 3) Housing revenue bonds were approved by the City of Mendota Heights for the Lexington Heights Apartments project. These bonds require twenty percent (20%) of the units to be set aside for rental assistance housing. JUN -11-96 TUE 10;53 AM DAKOTA COUNTY HRA FAX NO. 6124238180 P.05 B. In the last five years, Mendota Heights has approved the construction of 158 owner occupied multi -family units that meet the Metropolitan Council's guidelines for affordable housing units (less than $115,000). This was done through the use of the Planned Unit Development (PUD) approval process allowed in the Mendota Heights' Zoning Ordinance. The PUD ordinance allows for clustering of units and density transfers that are not allowed in traditional residential districts. Because the Metropolitan Council's baseline data was based on the 1990 Census, these units were not considered in the index for affordable units in Mendota Heights when used for comparisons against our benchmarks. C. The Kensington Planned Unit Development, which began in 1992, included the following units and values, based upon 1994 valuations: Average Unit nMe Uni Price fth Low Manor Homes 78 $80,000 $91,000 $68,000 Carriage Homes 138 $72,000 $83,000 $60,000 Town Homes 47 $98,000 $120,000 $76,000 TOTAL: 263 In recent years, Dakota County has applied an average five percent across-the-board assessed valuation increase to the residential property in Mendota Heights. As the above chart shows, some of the town homes may be moved out of the affordable category through assessment increases that reflect market value in the city. D. Mendota Heights has also made use of housing rehabilitation programs through the Dakota County HRA to maintain the existing affordable housing stock in Mendota Heights. E. Currently, the City of Mendota Heights has acted in 1994 and 1995 to deny a request by our Code Enforcement -Department to increase the building permit fees by an inflationary factor, as suggested by the State of Minnesota's Building Code agency. Council's stated reason for not enacting annual building permit fee increases is based on promoting affordability for developers and homeowners. Mendota Heights has also recently enacted planning procedural changes to comply with the 1995 Land Use PIanning Act amendments requiring a sixty (60) day review period for all planning applications. This allows for a less costly plan approval process for developers and homeowners. F. Through the use of the Planned Unit Development ordinance, clustering of homes and units has been allowed in Mendota Heights. In exchange for park land (in the Kensington PUD) higher densities were allowed in the multi -family portions of the PUD. In the single family portion of the Kensington PUD, increased densities were allowed by approving smaller lot sizes and front lot widths. Twelve percent of the single family lots were allowed to be less than the minimum size and forty percent were approved for front lot width reductions. In 1995, the City rezoned a ten acre JUN -11-96 TUE 10:53 All DAKOTA COUNTY HRA FAX NO. 6124238180 P. 06 parcel from R-1 to MR -PUD to allow the Mendota Meadows townhome project. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? A. The City of Mendota Heights will be updating its Comprehensive Plan by December 31, 1998, to comply with changes to Minnesota Land Plan Act of 1995. This will provide an opportunity to review guide plans, zoning ordinances, development fees and approvals procedures, and to consider appropriate revisions that will create an environment for affordable and life cycle housing to occur in. B Other future options for Mendota Heights include the consideration of housing maintenance codes which would require older homes to be brought into code compliance at the point of sale, thereby maintaining the older housing stock. Financial tools, such as Tax Increment Financing, Mortgage Revenue Bonding, and Housing Revenue Bonding could be considered to provide the City with the ability to make marginal property marketable for housing. C. The City reserved its CDBG funds, through the Dakota County HRA, for five years (approximately $250,000) to acquire property and install public improvements for a 65 unit low and moderate income senior housing facility. This 65 unit senior housing facility will begin construction in the summer of 1996 and will be open for low income seniors in 1997. D. There is existing demand for senior housing in Mendota Heights, and the City will consider Zoning Ordinance revisions to address senior housing standards, including reduced unit sizes, lot area reductions, parking requirement reductions and storage area requirement reductions. There are many market rate townhomes and condominiums in Mendota Heights in which a significant population of senior citizens currently reside. It is unclear whether the Metropolitan Council's index has included these units in their calculations for Iife cycle housing. cou\, Hotimnt, & RcdevelopnICIlt .-\LIth0nt\*o 14 I _�V II . 4' Ik" - I -AX 1,1 4 ;-,1, 41)(1-14;1h `�l W. • K, Nd TO: LCA Participants Dakota County Cluster Communities '`-!��L�1 "� FROM: Tracie Chamberlin, Dakota County HRA DATE: September 11, 1997 SUBJ. LCA Survey Enclosed please find a copy of the LCA Survey. Thank you all for your assistance in providing the information needed to complete this report. The LCA Survey will be forwarded to the Metropolitan Council today. Please do not hesitate to contact Mark Ulfers (423-4800} or me (4231-8116) with any questions, concerns or comments regarding the enclosed. Thank you again! Enclosure ".AN EQU AL OPrORTUN ITYB I rLO� ER** e V LIVABLE COMMUNITIES SURVEY JANUARY - DECEMBER, 1996 LCA DAKOTA COUNTY CLUSTER Community Name: Apple Valley Primary Contact: John Gretz Title: City Administrator Phone / FAX: 953-2500 / 953-9515 Other contact: Rick Kelly Community Name: Burnsville Primary Contact: Greg Konat Title: City Manager Phone / FAX: 895-4400 / 895-4404 Other contact: Barbara Anderson Community Name: Eagan Primary Contact: Thomas Hedges Title: City Administrator/Manager Phone / FAX: 681-4600 / 681-4612 Other contact: Lisa Freese Community Name: Farmington Primary Contact: John Erar Title: City Administrator Phone / FAX: 463-7111 / 463-2591 Other contact: David Olson Community Name: Hastings Primary Contact: Dave Osberg Title: City Administrator Phone / FAX: 437-4127 / 437-7082 Other contact: Michael Wozniak Community Name: Inver Grove Heights Primary Contact: James Willis Title: City Administrator Phone / FAX: 450-2500 / 450-2502 Other contact: Tom Link Survev Contents: A. Comprehensive Planning ............................... B. Affordable and Life -Cycle Housing Programs Community Name: Lakeville Primary Contact: Robert Erickson - Title: City Administrator Phone / FAX: 9854401 / 9854499 Other contact: Community Name: Mendota Heights Primary Contact: Kevin Batchelder Title: City Administrator Phone / FAX: 452-1850 / 452-8940 Other contact: Community Name: Rosemount Primary Contact: Tom Burt Title: City Administrator Phone / FAX: 4234411 / 423-5203 Other contact: Dan Rogness Community Name: South St. Paul Primary Contact: Douglas Reeder Title: City Administrator Phone / FAX: 450-8733 / 451-6402 Other contact: Branna Lindell (HRA) Community Name: Sunfish Lake Primary Contact: Glenda Spiotta Title: City Administrator Phone / FAX: 445-4024 / 445-6143 Other: No response to survey Community Name: West St. Paul Primary Contact: Dianne Krogh Title: City Manager Phone / FAX: 552-4100 / 552-4190 Other contact: .......................................... page 2 ............................................. page 5 C. Use of Official Controls (Development Incentives) ......... D. Production of New Affordable Housing Units ................. ............................... page 6 ............................... page 8 E. Policy Questions................................................................................................... page 9 A. Comprehensive Planning Briefly address how your community supports the development of life -cycle, including affordable housing, including any of the following strategies: - Comprehensive planning that links jobs with housing (e.g., Has your community evaluated the nature of job growth in relation to the availability of housing that is . affordable to these workers?) - Zoning and land use planning that promotes choices for affordable and life -cycle housing - Zoning that allocates higher densities near employment and transit centers development guidelines and public investment policies that support the use of transit - Zoning for low densities in areas designated as permanent rural, agricultural or urban reserve - Housing assistance and rehabilitation programs (if not specifically addressed in your LCA housing action plan) - Comprehensive planning that is supportive of the Regional Growth Strategy to encourage more efficient use of remaining developable land, and in redevelopment within the community OVERVIEW: Each Dakota County Cluster community supports the development of affordable and life cycle housing. The twelve communities which make up the cluster provided specific examples of the strategies they are undertaking in support of affordable and life cycle housing in the "Action Plan for the Dakota County Cluster" submitted to the Metropolitan Council in June of 1996. All communities are working to update their Comprehensive Guide Plans prior to the December 31, 1998, Metropolitan Council deadline. As the Metropolitan Livable Communities Act (LCA) came about after communities had their most recent Comprehensive Guide PIans in place, all communities will be addressing the issues brought forth as a result of LCA as part of their Comprehensive Plan updates. Comprehensive planning that is supportive of the Regional Growth Strategy to encourage more efficient development / redevelopment is being addressed as cities undertake this review. For all communities, with the exception of South St. Paul, the majority of available housing assistance and homeowner rehabilitation programs are administered by the Dakota County Housing and Redevelopment Authority (DCHRA). South St. Paul has an HRA that administers these activities in that community. Some specific examples of activities taking place in the Cluster cities are as follows: APPLE VALLEY • The City will be addressing job Iinks and housing and availability of affordable housing in the community. • There will be a review of the City's Zoning Ordinance which will address life cycle housing and density issues. • No part of Apple Valley is contained in the permanent rural, agricultural or urban reserve. BURNSVILLE • The City of Burnsville has zoned and guided land around the Burnsville Center retail area to allow the highest multi -family density in the city (up to 25 units/acre). • The City Council may use the City's PUD authority to approve mixed use developments as long as uses are related. • PUD zoning was used for a rental townhouse / office development and a transit station / housing / retail / service complex. • The City allocates its Community Development Block Grant (CDBG) dollars to fund single family housing rehabilitation loan programs. EAGAN • The existing Comprehensive Guide Plan for the City of Eagan encourages high density housing near major employment concentrations, transit facilities and shopping facilities within the city. • The City allocates its Community Development Block Grant (CDBG) dollars primarily to down payment assistance programs and single family housing rehabilitation loan programs. • In 1996, the City redesignated a 40 acre tract containing 108 single family homes to residential from an Industrial Comprehensive Plan designation in an effort to preserve this primarily affordable housing stock. • The PUD tool has historically been used as a way to provide flexibility to develop properties that deviate from the City's code. Of the nine preliminary Plats approved during 1996, seven of them involved variances or deviations from the City standards or code requirements. INVER GROVE HEIGHTS • The City of Inver Grove Heights has approved and seen the construction of three senior housing projects, including Housing Service's Gramercy Park Cooperative, Derrick Investment Company's Iverness Village cottage homes, and the DCHRA's Carmen Court Apartments. • The City has used the majority of its Community Development Block Grants for housing rehabilitation programs, including an experimental program to provide financial assistance to homeowners needing to repair or replace their individual sewage treatment systems. • The City has used PUDs on several occasions to provide flexibility in development design and to deviate from strict adherence to city code standards. The most notable of these PUDs is Rottlund Home's Arbor Pointe which has achieved densities averaging four dwelling units per acre. MENDOTA HEIGHTS The City of Mendota Heights approved a Comprehensive Guide Plan amendment and rezoning to allow the DCHRA to develop a 65 unit senior housing facility for low and moderate income seniors. Construction of this facility, named Parkview Plaza, began in 1996 and the doors were opened for occupancy in June of 1997. The City set aside CDBG funds for five years in order to fund site acquisition and installation of public improvements to assist the development of the senior housing facility. • In December of 1996, the City Council authorized the City's allocation for 1997 CDBG funds in the amount of $44,000 to be used in 1997 for low income housing rehabilitation loans. • The City Council denied a request by the Code Enforcement Office to increase the building permit fees by an inflationary factor, as suggested annually by the Minnesota Building Code agency. Mendota Heights enforces the state's 1995 Land Planning Act which requires speedy review of all development proposals within 60 days of application, allowing for a less costly plan approval process for developers and homeowners. • Planned Unit Developments (PUD) are permitted through the Zoning Ordinance procedures. The PUD ordinance allows for clustering of units and density transfers that are not allowed in traditional residential districts. • In 1996, Mendota Heights issued building permits for 15 single family homes and 9 multifamily homes. Infill development will be the common practice in coming years, as opposed to the large subdivisions that have occurred in the past. ROSEMOUNT • The City of Rosemount reviews residential development plans within the current (2005) MUSA, thereby supporting an average net density of single and multi -family residential of 3.0 dwelling units per acre. • The City is also approving various developments of life cycle housing, including senior apartments, twin homes, tovmhouse and single family detached housing. SOUTH ST. PAUL • In 1996, the South St. Paul City Council adopted goals which address the city's vision concerning the future of the housing stock in South St. Paul: • Maintain and improve existing housing in South St. Paul. • Create a Rediscover South St. Paul Housing Program. • Identify and promote new areas for Single Family Housing Development. • Promote Life Cycle Housing Opportunities for Seniors. • Survey the residents about their view on housing in SSP as part of a community survey of residents. • Create a program to recognize citizens who make an investment in their homes through renovation. • Support improvement of existing housing by continuation of existing home improvement programs by city, HRA, WestSide Neighborhood housing Services, banks. • Undertake a city-wide survey of housing conditions to identify housing improvement needs. • Research the legal methods to expedite the hazardous building condemnation process. 4 SUMMARY OF ASSISTED UNITS METROPOLITAN LIVABLE _COMMUNITIES _ACT DAKOTA COUNTY CLUSTER January 1, - December 31,1996.----- 1,1996RENTAL RENTALUNIT SUMMARY Rehab & Property Project Based New Construction Acquisition Tenant Subsidies Assistance— Units $ Units $ Units $ Units $ _ 197 $3,782,939 1 $16,875 - 84 $85,880 0 $2,137,383 TOTAL TOTAL UNITS = 282 FUNDS = $6,023,077 1996 GOAL = 344 HOME OWNERSHIP ASSISTANCE SUMMARY Down Payme_nt____ Special Needs Financing Assistance — Rehabilitation— Programs _ Units _ _$ _ Units _ _$ 146 511,593,865 29 $37,226 Units $_ 87 $848,193 Units $ _ 65 $189,816 TOTAL --- TOTAL —----------- --- -- --- - — UNITS = 327 FUNDS = 512,669.100 1996 •--- ------ --- —----- -- GOAL=-- ----- - -224 — ------ --------•----- --...-- -• — --- ---- -------- C. Use of Official Controls (Development Incentives) - numbers are provided to summarize the communities responding to the following questions. L Does your community currently provide any of the following incentives for the development of affordable and life cycle housing (please circle) Density Bonuses Fee Waivers or Reductions Assessment Abatements Acquisition or write down of land cost Yes (3) No (5) Yes (1) No (6) Yes (2) No (6) Yes (3) No (5) Other (please describe): SAC credits 2. Does your city require a minimum floor area for a single-family, duplex, triple or multifamily units that is higher than state building code (please circle one)? Yes (4) No (4) 3. What is the minimum floor area requirement for a single family home? The answers ranged from "no established floor area requirement to 1,100 s.f. 4. Are accessory apartments permitted or given a conditional use in any residential zoning district (please circle one)? Yes (3) No (5) 5. Does your city allow for smaller minimum lot sizes for single family homes within a PUD or clustered development (please circle one)? Yes (8) No 6. How many new manufactured homes were added outside of mobile home parks? (the Metro Council annually surveys all mobile home parks for unit counts)? No answer. 7. Is manufactured housing permitted in single family zoning districts (please circle one)? Yes (6) No (2) If no, where is manufactured housing permitted? S. Under current zoning regulations, can commercial and residential uses be incorporated in mixed-use developments (e.g. apartment buildings with ground floor commercial uses; residential and commercial which share parking or planned developments that involved pedestrian connections) (please circle one)? Yes (8) No (0) If yes, please describe: This kind of development can take place in the various cities through (a) conditional use permits; (b) mixed use designation per PUD Ordinance and (c) Comprehensive Guide Plan designation of mixed use. rel 9. Does your city have a housing maintenance code (please circle one)? Yes (3) No (5) If yes, is it for both owner and renter -occupied housing? Yes (3) No (0) 10. During 1996, which of the following official controls and approvals did your community re-examine, waive or permanently chfange to facilitate the development of affordable or life cycle housing? On which did you deviate from the usual requirements? The following local requirements listed are addressed in the Dakota County Cluster communities through the use of PUDs or variance applications. Local Requirements • minimum lot sizes XX • minimum floor area • garage and off-street parking XX • set -back requirements XX • inclusion of private streets in subdivision development XX • sidewalks or non -motorized pathways • park and trail dedications • minimum right-of-way, pavement widths and depth for different streets XX • storm sewer design/pipe diameter, distance between catch basins, etc. • street lighting • trees, tree replacement and foliage • landscaping costs • building materials, exterior surfaces • accessory apartments • development fees for off-site public improvements (e.g. park, trail, & road fees) • environmental regulations regarding tree and wetland preservation XX • the length and complexity of the local approvals process XX • Other (please describe) Please describe Local Action. Waiver, etc. PUD waiver for small lot development - PUD waiver for senior housine PUD waiver for small lot housine PUD waiver for townhouse development considered Tree Removal Ordinance 60 day statute adopted 7 D. Production of New Affordable Housing Units in 1996 1. New Affordable Rental Units All Other New Rental 0 105 131 85 Units to households earning less than 50% of the regional median income, adjusted for household size. " This number includes 16 manufactured homes. 2. New Affordable Units for Owner Occupancy (please include units for which permits were issued during calendar year 1996) New Owner Occupied Housing Units Single Family Duplex, Quads & Affordabilitv Level Detached Townhomes Condominiums Less than $120,0001 403 228 266 $120,000 and over 1,022 243 0 v, w ArIoraame to nousenows earning 1e55 Lnail 6U 7o VI ine rcgivuai uicuian income. 8 Monthlv Rent Affordabilitv Levels for New Rental Housing Efficiency One Two Three INCOME GROUPS and SRO Bedroom Bedroom Bedroom <$475 < $545 < $685 < $735 Units Affordable by Households 1 0 86 90" 37 All Other New Rental 0 105 131 85 Units to households earning less than 50% of the regional median income, adjusted for household size. " This number includes 16 manufactured homes. 2. New Affordable Units for Owner Occupancy (please include units for which permits were issued during calendar year 1996) New Owner Occupied Housing Units Single Family Duplex, Quads & Affordabilitv Level Detached Townhomes Condominiums Less than $120,0001 403 228 266 $120,000 and over 1,022 243 0 v, w ArIoraame to nousenows earning 1e55 Lnail 6U 7o VI ine rcgivuai uicuian income. 8 E. Policy Questions 1. Has your community established task forces, commissions or committees to address affordable and life cycle housing issues (please circle one)? Yes No If yes, how does the community support such efforts? APPLE VALLEY - No BURNSVILLE - Yes. Created Burnsville Neighborhood Alliance and devote City staff time to improving the quality of life and inclusiveness in assisted housing developments. SOUTH ST. PAUL - Yes. In 1996, the City Council established a Housing committee to review the current condition of the housing stock and to formulate plans to address the housing needs identified by the committee. The committee consists of the Mayor, two City Council members, two HRA Commissioners and City and HRA staff. WEST ST. PAUL - Yes. The City of West St. Paul works with various neighborhood groups and is currently studying other ways to keep the existing housing stock in good condition. 2. Please briefly describe any working relationships your community has with non-profit or for-profit developers of low and moderate cost housing. APPLE VALLEY: Working with the DCHRA on development of relationships with non -profits and developers of low and moderate cost housing in the community. BURNSVILLE: Worked with DCHRA to create senior housing and with Accessible Space, Inc., to develop handicapped accessible housing. In both cases the City provided CDBG funds for land acquisition. EAGAN: Work with the DCHRA in developing senior and family housing. Other examples include the use of Housing Revenue Bonds for Cinnamon Ridge Townhomes, a special Youth at Risk Program and park developed for the Wescott Townhome area. FARMINGTON: Established a working relationship with a developer on a neo -traditional development that contains minimum lot sizes (6,000 so and common open spaces. The PUD also calls for areas of multi -family. Average cost of lot and home = $100,000. INVER GROVE HEIGHTS: Worked with the DCHRA on three low and moderate income housing developments - (1) Prairie View, a single family project developed by Sampson Properties; (2) Spruce Point, family townhomes developed by the DCHRA; and (3) Carmen Court, an elderly apartment project, also developed by the DCHRA. SOUTH ST. PAUL: The City and South St. Paul HRA have worked with non-profit and for profit developers over the years. They are Habitat for Humanity, Baton Corp.. Nationwide Housing Corp. and Steven/Marlin Grant Homes. 9 WEST ST PAUL: DCHRA is the administrator for low and moderate cost housing programs in West St. Paul. 3. In your estimation, what are the primary barriers to providing affordable and life cycle housing in your community? * land costs * market demand for expensive units * lack of developable land * cost of building materials * high cost of development due to building and fire codes (especially for multi -family) * limitations imposed by the wetland conservation act * distance from Minneapolis/St. Paul - no mass transit * high cost of removing obsolete housing * limited funding for remodeling homes * affordable and life -cycle housing already exceeds benchmark 4. If your city's housing stock reflects shares of affordable units that exceed the benchmark for your planning sector, please respond. Describe the efforts your city has made to provide a-morebalanced mix of housing values in the community, either through support of new development, redevelopment or rehabilitation. APPLE VALLEY: During review of residential plats, City Staff has indicated in staff analysis if proposed project is addressing goals of the Housing Goals Agreement for the City of Apple Valley as adopted by the City Council. BURNSVILLE: City Council initiated a moratorium and study of vacant multi -family zoned land and rezoned some parcels for other uses. The City Council has rezoned high density residential land to medium density for owner occupied townhouses instead of rental units. EAGAN: The City has a need for affordable senior housing based upon a needs assessment which was performed by the DCHRA. The City has agreed to put up approximately $1 million dollars in local funds and commit another $750,000 in grant money toward this project to be done with the DCHRA in 1997. SOUTH ST. PAUL: In the past 12 months, South St. Paul has undertaken the following initiatives to provide a more balanced mix of housing values: (1) identified sites where single family housing can be constructed. A former school site is being considered for single family development; (2) acquired a site for the development of a 54 unit senior housing facility by the Dakota County HRA; (3) sold property to a developer for six townhouse units; (4) Created the Rediscover South St. Paul New Construction Program wherein older, obsolete housing is purchased and demolished and lost are made available to homebuyers for market rate housing valued at $110,000 or greater; (5) created the Rediscover South St. Paul Remodeling Advisor Program to provide no cost remodeling advice to homeowners considering the rehabilitation option. 10 5. Other policy actions: BURNSVILLE: The City initiated an update of the Comprehensive Guide Plan Housing Element to incorporate LCA goals and the Action Plan into the Comprehensive Guide Plan (prior to mandate to update Plan by 1998). 6. Do you have comments about this form or suggestions for improving or clarifying specific sections? Minnesota Statutes, Chapter 473.254, subdivision 10, (Metro report card.) states, in part: "The report card must include information on government, nonprofit, and marketplace efforts [toward meeting affordable and life -cycle housing goals]." It was this very general summary about the report card that was provided to communities prior to their agreeing to participate in LCA. When the 1996 Livable Communities Survey was distributed, it contained considerably more detail than most communities anticipated. The Dakota County Cluster communities have voiced concerns regarding those requests in the 1996 Livable Communities Survey for very specific information that does not directly relate to the stated intent of the Metropolitan Livable Communities Act. Many of the questions provide little to no insight as to whether or not a participating community is making progress toward negotiated MLCA goals. There has been no opportunity provided in which the participating communities can obtain credit for those affordable and life cycle housing activities which took place from 1991 through the end of 1995. Benchmarks were set and goals were negotiated based upon 1990 numbers. It should be noted that the number of affordable and life -cycle housing units which were developed during those four years clearly exceeds 5,000 units throughout Dakota County. Actual progress for the 1996 calendar year for the LCA Dakota County Cluster is as follows: LCA DAKOTA COUNTY CLUSTER COMPARISON OF 1996 ACTION PLAN GOALS TO 1996 ACTUAL PROGRESS 1996 ACTION 1996 ACTUAL PLAN GOALS PROGRESS Affordable Home Owner Units 227 896 Affordable Rental Units (213)/ Assisted Households (84) 344 297 11 APPENDIX NA" SUMMARY OF ASSISTED UNITS Additional Documentation RENTAL UNITS New Construction TkfT — . S�... 00 UNITS In progress 31 40 40 44 Completed 42 TOTAL UNITS 197 FUNDING s6ifkdt AMOUNT MHFA $424,652 $655,198 Super RFP $606,48-0 $456,000 LCA Account $170,000 Tax Credits $253,004 HOME Program $56,784 $70,000 lFHF $175,000 $315,000 TIF $63,747 CDBG $153,464 $273,610 Land Donation $110,000 TOTAL $3,782,939 PROGRAM/PROJECT DESC. Hastings Family St* Paul Senior Mendota Heights Senior Rosemount Senior Eagan Finiily* PROGRAMIPROJECTDESC. 'iif Mfj - l-ias-itin-gi—F-aim'ily ist Mtg - Eaganly 'kRIF & JLF - Hastings Family LILF - Eagan Family Hastings Family Hastings Family Hastings Family Eagan Family Hastings Family Eagan Family Acq/Dev for Senior Hsg Mendota Heights Senior Rosemount Senior South St. Paul Senior RENTAL UNITS Rehab & Property Acquisition STATUS # OF UNITS PROGRAM/PROJECT DESC Completed 1 Hastings Housing Coalition TOTAL 1 FUNDING SOURCE AMOUNT PROGRAM/PROJECT DESC. HOME Program $16,875 Hastings Housing Coalition TOTAL $16,875 RENTAL UNITS Tenant Subsidies STATUS # OF UNITS PROGRAM/PROJECT DESC. 4 Certificates 3 Max 200 2 Homeless 8 Shelter Plus Care 42 202 (elderly / handicapped) 24 811 (handicapped) 1 Supported Housing Services TOTAL 84 FUNDING SOURCE AMOUNT PROGRAM/PROJECT DESC. HOME Program $4,680 Max 200_ MHFA $1,921 Bridges $27,256_ $52,023 Homeless__ Shelter Plus Care TOTAL $85,880 RENTAL _UNITS Project Based Assistance STATUS # OF UNITS PROGRAM/PROJECT DESC. FUNDING SOURCE -- - AMOUNT PROGRAWPROJECT DESC. TIF $31,600 Mt Carmel Manor - Section 202 $42,376 Lake Village - IRR $160,000 Apple Valley Villa-- IRR $65,799 College Housing - IRR $18,491 Parkside Townhomes - IRR _ $16,459 Glenbrook - IRR ALHOA/match _ _ -------- TOTAL $30,000 $75,000 _$393,274 -- $1,304,384 $2,137,383 Hastings HRA Levy-- TIF #1 -West St. Paul _ _ _ TIF #2 - Lakille_ev_ _----_ _— — - -_ HRA Senior Levy ------------- -------- ------ HOME OWNERSHIP ASSISTANCE Financing STATUS # OF UNITS PROGRAM/PROJECT DESC. Completed 146 First Time Homebuyer Program TOTAL 146 FUNDING SOURCE AMOUNT PROGRAM/PROJECT DESC. MRBs $11,584,220 First Time Homebuyer Program TIF $9,645 IRR for Home Owners TOTAL $11,593,865 HOME OWNERSHIP ASSISTANCE Down Payment Assistance _ STATUS # OF UNITS PROGRAM/PROJECT DESC. Completed TOTAL 29 29 Downpayment Assistance Prog. - FUNDING SOURCE AMOUNT PROGRAM/PROJECT DESC. CDBG $9,524 Downpayment Assistance Prog. HOME Program $27,702 Downpayment Assistance Prog. TOTAL $37,226 HOME OWNERSHIP ASSISTANCE Rehabilitation STATUS # OF UNITS PROGRAM/PROJECT DESC. Completed 87 Home Owner Rehab TOTAL 87 FUNDING SOURCE AMOUNT PROGRAM/PROJECT DESC. CDBG $735,532 Home Owner Rehab _ MHFA $110,863 Home Owner Rehab HOME Program $1,798 Home Owner Rehab TOTAL $848,193 HOME OWNERSHIP A_SSI_STA_ NCE Special Needs Programs STATUS # OF UNITS PROGRAM/PROJECT DESC. Completed 65 Weatherization (DOE) TOTAL 65 FUNDING SOURCE AMOUNT PROGRAM/PROJECT DESC. DOE - $189,816 Weatherization TOTAL $189,816 Metropolitan Council Working for the Region, Planning for the Future DATE: August 12, 1977 -------- TO: City Managers and Administrators FROM: Thomas C. McElveen, Deputy Director, Community Development Division SUBJECT: Certification of 1998 ALHOA Thank you for your participation in the 1997 Metropolitan Livable Communities Act'(LCA) program. Your community's commitment and involvement has contributed to the region's overall economic. competitiveness and made tangible progress in providing affordable and life -cycle housing for metro area residents. Looking ahead to 1998, the Metropolitan Council seeks your community's renewed participation and continued cooperation in Livable Communities efforts. As part of the LCA legislation, the Council provides to each community on an annual basis an "Affordable and Life -cycle Housing- Opportunities Amount (ALHOA)". The ALHOA is derived from the formula prescribed in law including market value, tax capacity and tax rates by the county assessor. It is an amount of local expenditure to support or assist the development of affordable and life -cycle housing or maintain and preserve such housing. Communities have flexibility in determining the use of their ALHOA contribution. Examples include local dollars for -housing assistance, development or rehabilitation programs, local housing inspection and code enforcement, tax levy to support local or county HRA. Incentives for your community's renewed participation include access to $11 million for housing development, clean-up of polluted sites for business and housing development, and mixed use development. Also, *your community's ALHOA expenditure will be reported in the Council's Annual Housing Report Card required by the LCA. Your community's intent to participate in the 1998 Metropolitan Livable Communities program is needed by Nov. 15. To help you in the preparation, a model resolution is enclosed. Planning assistance for staff or information presentations for elected officials are available by contacting your sector representative (see below). Questions about the ALHOA can be referred to Guy Peterson at 602-1418. We look forward to continuing our regional commitment to affordable. and life -cycle housing. Thank you for your consideration. Sector Representatives: Anoka, Washington, and Ramsey Counties Dakota, Carver and Scott Counties Hennepin County Minneapolis and St. Paul Guy Peterson 602-1418 Carl Schenk 602-1410 Tom Caswell 602-1319 John Kari 602-1548 uAkruQer\peterson\npart97b.doc 230 East MO. 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 DUNCIL )PPORTUNITIES AMOUNTS 1998 AFFORDABLE & 4% of Total LIFE CYCLE Payable 1996 Payable 1997 Number of 4% of Total Homestead Pay 1997 HOUSING Number of Number of Homesteads ,wth in Excess Homestead Tax Capacity City Tax OPPORTUNITIES Homesteads Homesteads Percentage ccess x Local Rate Tax Capacity x Local Rate Rate AMOUNT in Excess in Excess Change 35,136 6,671 410,014 77,841 18.985%1 6,671 150 128 (14.67%) RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not elig=ible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 471254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan, and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1998, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1997, can continue to participate under Minnesota Statutes section 473.254 if. (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. By: By: Mayor Clerk u:\kruger\peterson\mres4.doc CITY OF MENDOTA HEIGHTS MEMO October 13, 1997 TO: Mayor, City Council and City Adminis t or FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Storm Sewer on Second Avenue and Roger's Lake DISCUSSION At the October 7 Council meeting, the question of funding for two small storm water relief projects was brought up. Both of the original improvement projects for the areas in question have long since been closed out - the Second Avenue job in 1993 and Roger's Lake area in 1991. Any remaining balance in the accounts were transferred to the consolidated sinking fund which carries all deferred assessments and the General Obligation portion of all historical improvements. This fund currently has a negative balance of approximately $400,000. Several years ago the City established a Storm Sewer Utility which is designed to handle situations similar to the two projects in question. The Storm Water Utility Fund has a balance at this time which is adequate to cover the costs of the two relief projects. ACTION REQUIRED Approve payments for the Second Avenue and Roger's Lake area storm relief projects from the Storm Sewer Enterprise Fund. LES:kkb CITY OF MENDOTA HEIGHTS MEMO October 16, 1997 TO: Mayor, City Council, and City Adm mstr r FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Request for Permission to Skip the November Parks Commission Meeting Discussion At the October 14, 1997 meeting of the Parks and Recreation Commission, Staff brought to the Commission's attention the fact that the next regular meeting date, November 11, was Veterans Day. Staff 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. The Commission responded by instructing Staff to cancel their November 11, 1997 meeting and not reschedule a meeting for November unless an urgent matter arose. The next regular Commission meeting will be December 9, 1997. Council Action Required Grant permission to the Parks Commission to skip their November meeting. CITY OF MENDOTA HEIGHTS October 15, 1997 To: Mayor and City Council From: Kevin Batchelder, City AdZistrator Subject: Letters of Retirement from Firefighter Paul Dreelan and Firefighter Dick Zwirn At the September 2, 1997 meeting, the City Council granted probationary appointment to five firefighters conditioned upon receipt of redrafted letters of resignation/retirement from two firefighters formally announcing their effective date of retirement. The understanding was that if no redrafted letters of resignation/retirement were received, only three appointments will be effective, and if one letter is received, only four appointments would be made. On September 5, 1997, the City received letters from both Paul Dreelan and Dick Zwirn announcing their retirement effective December 31, 1997. (Please see attached letters.) In conversations with Mayor Mertensotto, he has requested that these letters be placed on the City Council's consent agenda for formal acceptance by the City Council. Mr. Paul Dreelan has been a member of the volunteer Fire Department since October 19, 1976, a period of twenty one years. Mr. Dick Zwirn was appointed to the volunteer Fire Department on October 7, 1980 and has served for a period of seventeen years. i •UrR_•41�_� If the City Council so desires, they should pass a motion acknowledging and accepting the letters of resignation/retirement from Mr. Paul Dreelan and Dick Zwirn and thank them for their many years of dedicated service. W r�c'ca September 4, 1997 728 Evergreen Knoll Mendota Heights, MN 55118 Mr. John Maczko, Fire Chief Mendota Heights Fire Department 2121 Dodd Road Mendota Heights, MN 55120 Dear Chief Maczko: This letter is to provide notice that I am fesigninzd from the Mendota Heights Fire Department effective December 31, 1997. Sincerely, J Richard Zwirn Firefighter W. September 4, 1997 881 Wagon Wheel Trail Mendota Heights, MN 55120 Mr. John Maczko, Fire Chief Mendota Heights Fire Department 2121 Dodd Road Mendota Heights, MN 55120 Dear Chief Maczko: This letter is to provide notice that I am resigHng from the Mendota Heights Fire Department effective December 31, 1997. Sincerely, -Z. PaulDreelan Firefighter ; Al CITY OF MENDOTA HEIGHTS MEMO October 16, 1997 TO: Mayor, City Council and City Adm" -fir FROM: James E. Danielson, Public Works Direc SUBJECT Curt Wimpe6, Civil Engineer I Successful Completion of Probationary Period DISCUSSION: Curt Wimpe6, Civil Engineer I completed his one year probationary period on October 15, 1997. Since he has been hired, Curt has single-handedly implemented the City's new GIS computer system. He has been Marc's right hand in designing the Tilsen's and Bunker Hills neighborhood road reconstruction projects, and he alone designed the TH110/Dodd Road intersection improvements. Curt also works with Tom Knuth in completing all the surveying and inspections required for projects. Curt has demonstrated to me over this past year to be an excellent engineer and employee. He is well liked by his coworkers and residents alike, and is an easy person to work with. He is a good worker who willingly accepts varied assignments as is often required because of the City's small size. I recommend that Curt Wimpe6 be appointed to permanent full-time status effective October 15, 1997, and be advanced to Step_ C Level XVIII of the City's salarymatrix ($34,073 per year). If Council desires to implement the recommendation they should pass a motion appointing Curt Wimpe6 to permanent full -tune status as of October 15, 1997. CITY OF MENDOTA HEIGHTS MEMO October 15, 1997 TO: Mayor, City Council -and City A6 ator FROM: Guy Kullander, City Hall Building Manager SUBJECT: Purchase of Replacement Snow -Thrower for City Hall- DISCUSSION: all- DISCUSSION: The City Council authorized the purchase of a snow -thrower in 1988 for use at City Hall. An Ariens "residential model" eight horsepower unit was purchased for $800 and has been reliably used to remove snow off the sidewalks at City Hall. Driveway and parking areas are plowed by the same private contractor that clears the driveways for members of the Fire Department. An average snowfall requires the City Hall Maintenance person to spend from one to two hours clearing snow and a heavy snowfall event can consume up to four or five hours. This time spent clearing snow interrupts his routine maintenance and cleaning tasks at City Hall. The snow -thrower purchased in 1988 is reliable, well maintained, handles snow well and has many more serviceable years of operation. Replacing this unit with a larger model will make the necessary removal of snow more efficient and less time consuming. I recommend that the City Council replace the existing snow -thrower with a larger professional model that will be more maneuverable and easier to operate. I recommend the purchase of an Ariens Model ST 1032 with optional protective cab that will keep snow and wind off the operator. This unit can be purchased for approximately $1,800 after deducting the manufactures discount. Funding for this equipment would come for the City Hall contingency Fund. If City Council desires to accept the recommendation, they should authorize staff to purchase a replacement snow -thrower for use at City Hall, after seeking competitive bids from authorized dealers. CITY OF MENDOTA HEIGHTS MEMO October 15, 1997 TO: Mayor, City Council and City Admin(kor FROM: Guy Kullander, City Hall Building Manager _AK SUBJECT: Disposal of Excess Snow -Thrower and Lawn Mower Item #1 Airens ST 824 Snow -Thrower with electric start purchased in 1988. If City Council authorizes the purchase of a replacement snow -thrower for use at City Hall this existing unit will be surplus. An advertised sale, by sealed bid, should result in a higher purchase price than the trade-in offered by a snow -thrower dealer. Item #2 Airens 5hp Self Propelled 21" Walk -behind Mower In 1988 the city Council authorized the purchase of a mower for use at City Hall. The Parks Crews were mowing the larger open areas at City Hall with riding Toro mowers, but the City Hall Maintenance person was mowing the turf areas the riding mowers could not reach. For the past four years these areas have been maintained by the Parks Crew with hand mowers and the mower at City Hall has gone unused. This is a residential type mower and is unsuitable for use by the Parks Department which uses professional Toro hand mowers. I recommend that the City Council authorize the sale of these two surplus pieces of equipment by an advertised sealed bid process. Proceeds from the sale would go to offset the purchase of the new snow -thrower for use at City Hall. If City Council desires to accept the recommendation, they should direct staff to dispose of the surplus equipment by means of an advertised seal bid process. CITY OF MENDOTA HEIGHTS MEMO October 16, 1997 TO: Mayor, City Council, and City A"tor FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Dakota Bank Signage and Landscape Approval Discussion The City Council, at their regular meeting on October 7, 1997, directed Staff to revise the Resolution for approval of Dakota Bank's signage plan and landscaping modifications. Council Action Required Adopt the attached RESOLUTION 97-_: A RESOLUTION APPROVING THREE SIGN VARIANCES AND LANDSCAPE MODIFICATIONS FOR THE NEW DAKOTA BANK AT 1060 DAKOTA DRIVE, making any revisions the Council deems necessary. CITY -O€ MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION APPROVING THREE SIGN VARIANCES AND LANDSCAPE MODIFICATIONS FOR THE NEW DAKOTA BANK AT 1060 DAKOTA DRIVE WHEREAS, Dakota Bank has requested three sign variances and modifications to the approved landscape plan for their new bank at 1060 Dakota Drive, as proposed on plans on file in Planning Case No. 97-36; and WHEREAS, The Planning Commission of the City of Mendota Heights discussed this application at their September 23, 1997 meeting; and WHEREAS, The Planning Commission voted 4-0 (with three members absent) on September 23, 1997 to recommend that the City Council approve the three sign variances, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the following shall be granted to Dakota Bank: 1. A two square foot size variance for two "stop" signs per Section 21.5(a)b of the Zoning Ordinance, and as shown on plans on file in Planning Case File #97-36 2. * A 0.6 square foot size variance for the Drive Through Entrance and One Way signs per Section 21.5(a)b of the Zoning Ordinance, and as shown on plans on file in Planning Case File #97-36 3. A four square foot size variance for the ATM lobby sign per Section 21.5(a)b of the Zoning Ordinance, and as shown on plans on file in Planning Case File #97-36 4. Landscape plan changes as presented by Dakota Bank to the Council on the evening of October 7, 1997 The above shall only be granted to Dakota Bank under the following conditions: 1. All the above signs shall meet the appropriate MnDOT criteria. 2. The ATM sign shall be backlit and consist of metal with routed milky -type glass acrylic letters, similar to the monument sign design for City Hall. 3. The ATM sign, when lit, shall be no brighter than the Mendota Heights City Hall monument sign. 4. The brightness of the ATM sign must be further reduced if the Council so requires at any time for any reason, at a level dictated by the Council. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed sign variances and landscape modifications for the new Dakota Bank as proposed on plans on file in Planning Case No. 97-36 and under the above conditions will have no adverse impact on the health, safety or general welfare of the citizens of the community and the surrounding land, and are not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 21st day of October, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor CITY OF MENDOTA HEIGHTS MEMO October 16, 1997 TO: Mayor, City Council, and City Administrate FROM: Patrick C. Hollister, Administrative Alv SUBJECT: Special Temporary Banner Sign Permit For Grand Opening of SuperAmerica 1080 Highway 110 Discussion The Council, at their regular meeting on September 16, 1997, granted permission to SuperAmerica for a temporary sign permit for the new store at 1080 Highway 110. Specifically, the Council permitted two temporary banner signs on the site from September 18, 1997 to October 3, 1997. Both signs were permitted on the ground along the Hwy 110 side of the site in the locations indicated on the map presented to the City Council. The Council also allowed streamers to accompany the ground signs during the fifteen -day period in which the signs were allowed, but asked SuperAmerica to exercise moderation and good taste in streamer selection, quantity, and arrangement. Although the new SuperAmerica store at 1080 Highway 110 opened for business on September 18, 1997, the store would now like to hold a "Grand Opening" celebration on October 23, 24 and 25. In order to draw attention to their new store, SuperAmerica is seeking permission to place two temporary banner signs on the site with streamers for a second time to celebrate their opening. The signs would be 3' x 6' and in the same locations as the signs displayed from September 18 to October 3. Section 21.2(5)b of the Zoning Ordinance reads as follows: 21.2(5)b Banners, flags (other than flags of the U.S.A. and the State of Minnesota and the United Nations) pennants and similar promotional display devices may be permitted for a period not to exceed thirty (30) days after the issuance of a certificate of occupancy. More than thirty days have passed since SuperAmerica received their certificate of occupancy, but the Council could issue a Special Sign Permit to allow the banner signs and streamers from October 23 to October 25, 1997. Mark Erickson of SuperAmerica will be present at the Council meeting on October 21, 1997 in case the Council has any questions about the signs. Please see the following attached items: 1. Letter of Intent from Mark Erickson, Area Manager for SuperAmerica 2. Sign Permit Application 3.' Letter from the City to SuperAmerica regarding Council's decision on previous signs 4. Map submitted by SuperAmerica showing previous sign locations Council Action Required If the Council approves of the signs, the Council may authorize Staff to issue a special temporary sign permit for a three-day period beginning October 23, 1997. To: City Of Mendota Heights From: SuperAmerica Reason: Grand Opening Banners My name is Mark Erickson and I am the Area Manager for your newest SuperAmerica located at 110 and Lexington. We are having a grand opening on October 23,24 & 25. We would like to place 2 grand opening banners on the store property like we did with the now open banners when we first opened. We would also like to put the red white and blue pennants up for the three days. - This is our only `grand' opening and the signs and pennants will be up for only three days. Thank you for your consideration. APPLICATION FOR SIGN PERMIT CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE ST. PAUL, MINNESOTA 55118 (81 9) 459-1 Psn ACKNOWLEDGEMENT AND SIGNATURE. The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to tak the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance w the ordinances of the City of Mendota Heights, the State of Minnesota, and rulings of the Building Department. SIG ATURE APPROVED — PERMIT FEE SITE ADDRESS DATE PERMIT NO. /nve ,�N�, /1/0- -7 PROPERTY OWNER I (Name) (Address) (Telephone No.) 01W // 0 9L" -'C-- C'7'/0 CONTRACTOR (Name) (Address) (Telephone No.) Type of Building Construction Used As Building To Be Completed Old ❑ New ❑ Estimated Cost Contractor's City License No. Building Permit No. TYPE OF SIGN WALL ❑ ROOF ❑ PROJECTING ❑ GROUND ❑ MARQUEE ❑ TEMPORARY OTHER MAX. DIMENSION VERTICAL FT. HORIZONTAL FT. SIGN AREA SQ. FT. NO. OF SIDES DISTANCE FROM GROUND TO SIGN BASE f FT. HEIGHT OF SIGN FT. SETBACK OF SIGN FROM PROPERTY LINE ) FT. ILLUMINATED YES ❑ NO ALLOWABLE SIGN AREA ON PREMISES SO. FT. SKETCH OF SIGN 'T" z�A 13 ACKNOWLEDGEMENT AND SIGNATURE. The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to tak the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance w the ordinances of the City of Mendota Heights, the State of Minnesota, and rulings of the Building Department. SIG ATURE APPROVED City of ..... Mendota Heights September 17, 1997 Michael Cronin Michael Cronin & Associates 8809 West Bash Lake Road Minneapolis, Minnesota 55438 Dear Mr. Cronin: The City Council of the City of Mendota Heights, at their regular meeting on September 16, 1997, approved your application on behalf of SuperAmerica for a temporary sign permit for the new store at 1080 Highway 110 as presented by you that evening. .,_.. �• Specifically, you are allowed two. temporary banner signs on the site 'to celebrate- your - opening from September 18,1997 to Octobeir3 -1997. Both si .� _ . eP . _. , gns be on the gmimd the Hwy 110 side of the site in the locations indicated �+; ' j; along ori the map present `the Council. .. , ... � _ s-,�.::�-<_,:_ _•7 .z._ �.<, ...,;,.._ _ . � :..�..- �.,.- :..- City The Council also allowsci streamers'to accon;panythe ground signs during! the:z,.:•....,::•.-�.. fifteen-day+period in which the signs are allowed, but asked' �uperAriierica to exercise ,y.; .. -.t.", _rr- >r'Ms:r�45,r;i,�....:: X_ .-.a.. y;[�._•.r�-_'•Y7},.�-t�.._=i`.h.n,:'.a;j";e':i'-.s;•':>?-'-`"'. _.} , moderation and good taste in streamer selection, t}nantity; and anangement • �'S` .._ - •�:i'•.? .. `',Svc Con-- _ - G;--t:•t;' ;.r�=.... ci..=.';;:� - gratulations on `your new opening: iii.'' Patrick -C. Hollister -ti.« �•«k;•b.' Administrative Assistant -` cc: Code Enforcement Officers 1101 Victoria Curve -Mendota Heights, MN • 55118 452.1850 t`: l4 � !?y uitj;4"�_,`}.,-(f-.ire' i,r,••'•od°lt.:.i,`"�;:': 1 I - _ �.{it"Yti�,.r�.sy',t,.•�,�fr..,}�:•:r: ,.y}'[h: , I i •''1:;':;,..,.rr Ir,'ii x1��t+=J'. I °: +YY. �..S, • I i ' .:iv i.,. 1� �. IE ;:'1;`25:; � 7!'a1'::1'i.t ./•�' C 1�•, ,;;�r.::. q Iq• r,�•�:jj'47<�F�'?'��Y.lrl:�,:s��:?!4�`%sRt1;•�ir,"iv 7r,'l .:�l.': —� IO TYP= t P4 ,'..c'i.f:.`` ,= r • 19 TYP1 � I •,*� '�" .art.i4Y•t ©-�'t',:?i'::i'r"r. �r.; ,q,:{,�', I ,��rj� 9 STALLS I V / II TMP P 4 cTM , :_/'.._, .., ;t ;'� • I - O i Tyr / �/ � el . \ I �» ' i � Pip' � , 1: ® -�i)',.':'!ht.t%S: i:lRl I ,•/ e �/t•(�11 II E % TYP 91T1P TtP ,.:�1`.';r; i tta:•-j.+`:'<'y: �r,iji,;��>t,. �./ / °-'4r �r'f. ,=`) ;r.t,.; %�•' 'y f•;� ti�::' , iy'7, -/ / % : •:: ;: T:'s! 'i,.i:'t`,:'; ? :', ;' TYP to i E—U49 ST $1 7 , i,,;, .�', ;'i'•' •' '•/ -.L.—.O ,— .—--- --- --- --- ---- -,--- --- --- • }•r t-11—� �� c- nee e^oe�rod c� ••.e a- "d ca r.,*e=-x: •• •` ' - i ,r.e:a•�I o- + o u aN�ORT.H dra redete•ed . '� oy. c, a S'.0.18 . w.c.j.o STATE TRUNK HWY. *110 _o' Customer UNITED PROPERTIES Address City State D 0 Q) 0 Scale 3/411=1'-0" Drawn By TRW Salesperson SH Date 10/15/97 Revl isions K C D r Customer Approval Date T Z C= C= CM3 z z 0 s T Z T 0 This drawing is the property of N O R D Q U IST S I GN COMPANY 1 N C . 3 1 2 WEST L A K E S T R E E T MINNEAPOLIS, MN 5 5 4 0 8 6 1 2 8 2 3 7 2 9 1 © Copyright 1997 Nordquist Sign Co. N � o 1 0 MIA o O o 0 y 0 � COD Im C-3 a T� r rM M 177 rM Scale 3/411=1'-0" Drawn By TRW Salesperson SH Date 10/15/97 Revl isions K C D r Customer Approval Date T Z C= C= CM3 z z 0 s T Z T 0 This drawing is the property of N O R D Q U IST S I GN COMPANY 1 N C . 3 1 2 WEST L A K E S T R E E T MINNEAPOLIS, MN 5 5 4 0 8 6 1 2 8 2 3 7 2 9 1 © Copyright 1997 Nordquist Sign Co. O Bc •ma o v O 0 rn QR F. •s .A C • s c W O ■ 70 • - r O O SIF0— A rM c-0 z-�, Customer UNITED PROPERTIE5 Address City I State Scale 3/4"=1'-0" Drawn By TRW Salesperson 5H Date 10/15/97 Revisions Customer Approval Date This drawing is the property of 9D NO RDQU I ST S IGN COM PAN Y 1 N C . 31 2 WEST L A K E S T R E E T MINNEAPOLIS, MN 5 5 4 0 8 6 1 2 8 23 7 2 9 1 © Copyright 1997 Nordquist Sign Co. r' CITY OF MENDOTA HEIGHTS MEMO October 14, 1997 TO: Mayor, City Council and City Admi�i r or FROM: Paul R. Berg, Code Enforcement Officer U , or\ -d' SUBJECT: Two Temporary Signs for United Properties Mendota Technology Center PUD INTRODUCTION Nordquist Sign Company has submitted two sign permit applications on behalf of United Properties. United properties wishes to advertise 120,000 square feet of building space to be available. The proposed signs are to be located on the site of the Mendota Technology Center PUD. DISCUSSION Each sign will contain sixty four (64) square feet of signage and they are proposed to be temporary. Zoning Ordinance 401, Section 21.5(4) seems to address the proposal and reads as follows: For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more or an industrial area of ten (10) acres or more, one sign not to exceed one hundred (100) square feet of advertising surface may be erected upon the project site. Such sign shall not remain after ninety (90) percent of the project is developed. The Planning staff has suggested that since the project site well exceeds ten (10) acres that it would be appropriate to install two signs each containing sixty four (64) square feet. The proposed temporary signs require a permit, City Council review and approval prior to staff issuing the permits. 2 RECOMMENDATION I recommend that City Council review the signs as proposed and determine if two signs are appropriate as has been suggested by planning staff. The Ordinance provides for one sign not to exceed one hundred (100) square feet for an industrial site of ten (10) acres. ACTION REQUIRED Review the proposed signs and determine if more than one sign may be installed on the large industrial site. If City Council approves the two signs it should pass a motion authorizing staff to issue the requested sign permits. PRB:kkb d 10/15/97 14:47 FAX 612 452 8940 MENDOTA HEIGHTS I' MSM NENOOTA TECNNOWGT CENTER �... _ IntetWOO 494 ** 40' SET BACK FROM PROPERTY LINE FOR EACH SIGN: Q 002 Iq Mendota Technology Center Planned Unit Development CITY OF MENDOTA HEIGHTS MEMO October 17, 1997 TO: Mayor, City Council, and City Administrator FROM: Curt M. Wimpee', Civil Engineer I SUBJECT: Caren Court Drainage Recommendation From Barr Engineering DISCUSSION• At the August 5, 1997 Council meeting, Mr. Alton Todd of 991 Caren Court complained of significant storm water discharges, sediment deposits, and erosion problems on the back of his lot that occurred after the rains in early July of this year. Mr. Todd was uncomfortable accepting staffs prediction of the real world operation of this storm sewer system, and the effects it would have on his property. Due to the technical nature of this drainage system, Council offered to have an outside consultant perform a study and make recommendations for any possible modifications to the facilities. Mr. Todd agreed to Council's offer, and Council authorized Barr Engineering to perform this study. Enclosed is Barr's analysis and recommendations. Mr. Todd was provided a copy of this analysis, and has not objected to any of its findings or recommendations. Until such time as these modifications can be implemented, the segment of pipe used for this overflow shall remain blocked to prevent discharges from this system to Todd's property. ACTION REQUIRED: None. For information only. Barr Engineering Company September 22, 1997 Mr. James Danielson Director of Public Works City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Caren Court Drainage Dear Mr. Danielson: As requested by Marc Mogan of your staff, I have reviewed the drainage affecting the Todd property at 991 Caren Court. Background The 1997 Tilsen's Highland Heights Street Reconstruction project included provision for an overflow outlet from Caren Road Pond. That overflow system discharges across the back lot at 991 Caren Court. Normally, stormwater from James Road and Caren Road discharges to the Caren Road Pond. During construction this July, sediment blocked the normal discharge pipe for the stormwater, forcing the water to flow through the overflow system. Mr. Todd, the resident at 991 Caren Court, reports that during two rainstorms in the first half of July, much larger flows of water crossed his property than had ever previously been the case. The water did not follow the traditional flow pathway, but rather swept around his shed and crossed his garden and back lot. This extra water saturated the soil in the back lot, resulting in a young tree toppling over. By mid-July, the City's contractor had reopened the normal discharge pipe for the stormwater and bulkheaded the overflow pipe. With the bulkhead in place, only Caren Court drainage, not James Road and Caren Road drainage, discharges across Mr. Todd's property. Since placement of the bulkhead, stormwater flows at 991 Caren Court have been typical of pre -street -reconstruction - project flows, even in a reported 31h -inch rainfall. The early July flows through the overflow pipe suggested that, once the bulkhead blocking the overflow pipe is removed, modifications may be needed in order to avoid excessive discharges across Mr. Todd's property. Hydraulic Evaluation When the bulkhead is removed, there are two conditions which can be expected to cause water to discharge through the overflow pipe: (1) high water levels in the overflow catch basin (CBMH-12B); and (2) high water levels in the Caren Road Pond, high enough to cause water to flow from the pond to catch basin CBMH-12B. 8300 Norman Center Drive :-1555 West 27th SUeet .J 202 West Supedor Street Minneapolis, MN 5543 7-1 026 Hibbing, MN 55746 Duluth, MN 55802 Phone: (612) 832-2600 Phone: (218) 262-3465 Phone: (218) 727-5218 Fax: (612) 832-2601 Fax. (218) 262-3460 Fax (218) 727-5450 J P.O. Box 130917 Ann Arbor, M148113-0917 Phone: (313) 327-1200 Fac: (313) 327-1212 Mr. James Danielson September 22, 1997 Page 2 The first condition, high water levels in catch basin CBMH-12B, can occur as a result of heavy rains, when the capacity of the pipe leading to the pond is less than the intake capacity of the two catch basins feeding the pipe, CBMH-12B and CBMH-12C. In a heavy rain, it is reasonable to expect the catch basins will intercept a flow of approximately 5 cubic feet per second (cfs), combined. In order for the pipe to the Pond to accommodate this flow, the water in the catch basin must be at about Elevation 841.7 feet above mean sea level. Because this condition could occur several times a summer during heavy rains, the overflow pipe inlet should be raised above this elevation. The second condition, high pond water levels, is expected to be rare. Modeling indicates this pond would be expected to overflow Caren Road in storms of 10 -year return frequency. However, according to local residents, even during the extreme rainfall of July 23-24, 1987 (8 to 9 inches in less than 8 hours) the pond did not overflow. Although high pond levels that would reach the overflow outlet elevation will apparently be rare, an overflow outlet is needed in order to minimize the likelihood of flooding several houses along Lilac Lane. By providing an overflow outlet, the project has improved the protection against flooding for the Lilac Lane houses, as compared to pre - project conditions. The modeled 100 -year flood level on the Caren Road Pond, with the outlet reconfiguration proposed in this letter, is 844.0 feet above mean sea level. This is the same elevation as would occur with the overflow outlet as actually constructed. Thus, the level of protection for the Lilac Lane homes is improved by the project, and is not reduced by the outlet modifications proposed in this letter. Proposed System Modifications I recommend two modifications to the existing system. First, the elevation at which water enters the overflow pipe in CBMH-12B should be raised approximately 1 foot to Elevation 842.3. This will minimize the likelihood of discharge through the overflow pipe during normal heavy rains, without losing the flood protection needed for the Lilac Lane homes. Second, the drainageway across Mr. Todd's property should be improved in order to minimize the potential for property damage in the event the pond overflows into the overflow outlet. The first modification should be done by sealing off the current opening of the 15 -inch plastic overflow pipe in CBMH-12B, and instead putting an opening in the top of that pipe. The opening in the top should be shielded above so water will not drop into the overflow pipe during normal rain events. One possible configuration for this system is shown in the attached sketch. The second modification is to improve the drainageway across Mr. Todd's property. On those occasions when the pond rises to the level that uses the overflow pipe, the flowrate is estimated to be about 1 cfs in the 10 -year and 4 cfs in the 100 -year frequency event. The drainageway should be capable of accommodating the 10 -year flow. It appears likely that the estimated 100 -year flowrate is a significantly more rare occurrence than the modeling would suggest. Therefore, it is not essential that the drainageway across Mr. Todd's property be sized to handle the modeled 100 -year flow rate. The drainageway improvements I suggest consist of providing a channel protected against erosion with landscaping materials such as rock, timbers, or vegetation. In my telephone conversation with Mr. Todd on August 29, 1997, he stated that he is interested in and willing to perform the drainageway improvements across his property, including covering the costs for the improvements. He intends to perform the work in 1998. He will size the drainageway to accommodate the flows that routinely flow through this drainageway. These flows could range up to about 2 cfs. To accommodate 1 cfs, the channel should be least 12 -inches wide and 6 -inches deep at a slope of 1 percent. To accommodate 2 cfs, the channel should be at least 18 -inches wide and 9 -inches deep for the same channel slope of 1 percent. Steeper channel slopes can use slightly Mr. James Danielson September 22, 1997 Page 3 smaller cross-sections but need more erosion protection, and flatter slopes need larger cross- sections. Flows larger than the channel capacity will overflow the banks of the drainageway. The drainageway should be protected from erosion—using vegetation, rock, timbers, or other erosion - resistant systems --so that stormwater flows will not undermine fences and other valued improvements along the drainageway. Do not hesitate to call me at 832-2731 if you have any questions or would like to discuss these recommendations. Sincere_ 1y, ' /James R. Langsetl�� JRL/dsd Enclosure c: Al Todd NLT,PROJ\53115-1 PLPrill v l EW : /VOTE: 07%e� IWO /'0ocluS „,may �c . ika- key �'Q�•Ys oJC Al's C OA <<1f ul�-' : /. e n iit 2. Gwt away �f 74 - C� /Jla2 — 7�0 aL/11m1,y 3 T%te C u 7t- M uo 7~ S. Pio �, o!z a s��Qf� C S /YJ �� - /2 ig Ove I'Al—J /,c/cc-lbrt so [✓ay�/ elo�0 /7o7 CtesC ca 0& _ /ter/O 7'4q_ o,.,f/e f-- /0� . rnanbole 5"PPo/r++t Pale 'N�' G�tfi ctutay -610 sPl4s� �PIa�. of P'P�` SPL>�s r� PLft;t $LI�k�a i )Sy Flt BNT %f1an�la�Q V LE W (�Y'J"j1ti CIA-t t 5��ot�-t- I al�� ,p SIDE �lt�c,J•. --� /VOTE: 07%e� IWO /'0ocluS „,may �c . ika- key �'Q�•Ys oJC Al's C OA <<1f ul�-' : /. e n iit 2. Gwt away �f 74 - C� /Jla2 — 7�0 aL/11m1,y 3 T%te C u 7t- M uo 7~ S. Pio �, o!z a s��Qf� C S /YJ �� - /2 ig Ove I'Al—J /,c/cc-lbrt so [✓ay�/ elo�0 /7o7 CtesC ca 0& _ /ter/O 7'4q_ o,.,f/e f-- /0� . r October 21, 1997 TO: Mayor and City Council CGATK4 LIST sumaar: , Total. Claims _ 185,810 ' significant Claims :rr• . ' Board Water Comm wtr' svc 31091 y, Inver Grove Ford transmission rprps 1,112 PUP hlth ins 12;089 Tracy Tripp fuel 5,394 - T ''•AVS% • �4Y li. • .. ... • • .. t t \ Uhusilal Claims " , r :.-� Advance State Security audio eq.PD 8,302 Budget Sandblasting ` hydrant painting• 5,130 " First Impressions newsletter 3,078 Firstar City Hall pymt 77,012 Vi Con Tilsen impr 40,004 �� Fire Relief Assn state aid pymt 50,996 ^ ` Dept --__-_-__^__�ept - -Dept-j8-:Police oe - - - -- ' ' - -- - -- --'---' 17 Oct ^jsr October 21, 1997 Claims List60-Utilities Pace � Fri 9: 26 om City of Mendota meivhts -Fire�'"-"'"" _,_^E, 80-r7anning ' Temo Check Number z 85-Recyling / «n,��, � [ � � � � 16 Check 5 3 TeMD Check Number 6 57, 38, 6 Best Buy 01-4330-490-10 ea ror 3 61 188.00 05-4300-105-15 9. to Totals Terno Check NurnbEir i:k 13 !,I Tema Check Numbei- 24 917.80 Temo Check Number 7 --- � 61 7 Kevin aatc»elder, 01 -*400-110-10 - � �. .'.'~, �icma conf exq . 1,750-62 � Temo Check Number 23 24 254.69 25 ;3 Ai ch, Cellular t 87.28 27 281 231 3 Air Touch Cellular 01-4210-070-71Z seot Svc 24.06 301 321 2 26 TemoC;. Numb 34 35 271 L.heCK Number 371 9 3s 13,1 4 411 1321 ZZ Totals Temo Check Numbeir! 4 43 Temo Check Number 5 46 15 `Totals 16 Temo Check Number 5 TeMD Check Number 6 57, 38, 6 Best Buy 01-4330-490-10 ea ror 383. 40 61 6 Best Buy 05-4300-105-15 solys 191.65 i:k 24 917.80 Temo Check Number 7 --- � 7 Kevin aatc»elder, 01 -*400-110-10 - � �. .'.'~, �icma conf exq . 1,750-62 � 17 Oct 1997 Claims List Page 2 Fri 9:26 AM City of Mendota Heights TefflD Check Number 7 Temo. Check -Ni7tm1YdF_ VdKd_0F_Name RccUunf--Cade AmcKfint' i3: 7 1,750.62 1 :7 Tc5V-aI`NTd`m5C eck Number I Temo Check Number I 1,011 429.63 C 8 Biffs, Inc 01-4200-610-70 oct rent 12: 11--i a Totals Temp Check Number X75! ------ li&i IeMP L;heC urn 5er t, n. i 665 41 ! 9! 9 Bills Gun Shoo 01-430 ,-020-20 ' N. 6 665.41 2 7( 2 Totals Temo Check Number 9 1__I 70' 2 31 Temo Check Number 10 314 •241 123921 .07pt VC a .53 7 - R - 5 —ar d—Uf-, VAra t7L 5 442 33 .4 10 Board of Water 1 Sept Svc, a _4425 24.55 351 12sept.5ve 24.55 71 10 Board of Water Commissioners'',08-445-000_00 C -31 10 oard or water 0 1 (J81 3110 Board of Water Commissioners 01-4425-310-50 sent sve 27.52 39; isoi 10 Board of Water Commissioners 01-4425-310-70 sent svc 27.52 401 i0-BoardUorfirflisslo ers rar--4425-070-70 14 1 32, 10 Board of Water Commissioners ',01-4425-070-70 sept svc 1,159 42 ..75 --------- 43 331 1 4 3, Uge-.6 a 145! 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Fri 9: 26 nm remo Check Number Temp. , Check ---------'---- ew Claims List City of Mendota Heights Pace * First Impressions 01 fall newsletter � mm aazmao-''' eo�wa^ z4 -'--�24-Fistzmu+es�i»ns 20 Dakota County Hwy Deot 01-4211-420-50 3rd qtr tfc signals 916.54 3 i e �azz newsletter 280.10 -------- .=� --- . 20 Totals Temp check Number e4 3 Totals Temo Check Number 20 . _---_-___--___---_-_--___-'-__----------_-_'--_____-___---_--__.__-___---'_-_-_-_-__--- Temp Check Number 21 ~ eo Firstar Trust co 08-4*55-000-00 princ ovmt oo,www'mw ,� -------cn-rcrstavl--rru -s� wa~*-4ma~mmm~wm--- ch-pymt es��u�nw---- -'-'----------'----� en Firstar Trust Co 08-e110 . � � princ nvmt on,mmm'mm ^� ^� ao Firstar Trust co 08-1290 orinc oymt --_-_-_'___--___-_--------------_-__-__-_-_-__--_-_�� 55,000'00cr ' - 100' 191 !161 lotals 1emD L; eck Number el Totals remo Check Number 25 22t 17 ' remo Check Number ua � 31 Temo Check Number 22 -4 119. --------- 125 26( 121, 22 Danko Emacy Ea 01-4305-030-30 splys 8.52 2SI !231 22 Danko Emacy Ea 01-4305-030-30 solys 395.00 130i 31 321 13 er :171 130i 23 Diesel Comoonents 01-4330-490 -70 parts 29.57 3 141 1 32 33; Totals TemD Check Number 23 43 441 146 35; Temo Check Number C1. 4 47 ^^ First '-----'_- 01-4268-650-70 al l newsletter 831.00 5 a First Impressions 01 fall newsletter � mm aazmao-''' eo�wa^ z4 -'--�24-Fistzmu+es�i»ns o~*aaEr~s�w~uw�� ,a^� "�"��°�"�, ---'--� -' ^" First Imoressinns e �azz newsletter 280.10 -------- .=� --- . �mnr�a�-- Totals Temp check Number e4 `^ `J , ---remu-oxecP-wv�ue�--�------a5----' . _---_-___--___---_-_--___-'-__----------_-_'--_____-___---_--__.__-___---'_-_-_-_-__--- ~ eo Firstar Trust co 08-4*55-000-00 princ ovmt oo,www'mw ,� -------cn-rcrstavl--rru -s� wa~*-4ma~mmm~wm--- ch-pymt es��u�nw---- -'-'----------'----� en Firstar Trust Co 08-e110 . � � princ nvmt on,mmm'mm ^� ^� ao Firstar Trust co 08-1290 orinc oymt --_-_-_'___--___-_--------------_-__-__-_-_-__--_-_�� 55,000'00cr ' - 100' 77,012'50 Totals remo Check Number 25 ' remo Check Number ua � � s-oreenmo --------- 17 Oct 1,397 Fri 9:26 AM Tema Check. Number 26 Claims List Page 5 City of Mendota Heights :4U, Tema. dtsoosa7l-svc 59766 Check 4il 4--.: 59.66 5.4 654' -Total's Terno-Check-Number 7 -N-t-tmbleF-WEikidofi Narrie Hccurl-Cade C-UrnfatF-rit s ;7j a AmoQwt — y �a Temo Check Number 31 38 71 26— 31 Gopher State One Call 15-4210-0b0-60 seat svc 10.50 5 Totals Tema Check Number P-6 Totals Terno Check Number 19 9: 1 121 10 1 emp �cf� --Number 32 Hdwe Hank 1".1 4 12; 27 General Office Products 01-4300-0213 -20 solys ---01-4305-030-30 discount IL 13.66 51 64 30.84 Totals Tema Check -Number 6 7) 141 V. 54-.. 4 166.77 �z9101 116115tals-16muCheck Number 17 121 2-1 1 Tema Check Number 28 23 31 24 28 W W Grainger So YS 1 ..... 20. 58 276 21 2 1 ni '1251 289 1221 210 2 .23 Totals Tema Check Number 301 1:121 1 1241 311 mp-Check-ftMmber 33 4 -)4 35 I:,., - 77L 29 Graybar Electric 01-4305-050-50,,, 4V; 0 11.79cr 36 1281 29P' — -G`ay r--4-30".j- 50-50- =!J.L Y t. 36 2F-9 Gravbar Electric 01-4305-050-50 solys 130.11 381 .9.1 29 Gray'bar Electric 01-4305-050-50 Splys 183.77 39 3140 1 29 Gra bar 5-0527-511 0 3-17 t5e.ti 133.85 9 133i - E 29 Graybat Electric 50 so lys: 120.48 431 44 :1 35 203 711.89 14CI 1361 — Totals Temo Check Number - 29 147 ;-81 .- S' Temp Check Number 30 2 5c, :4U, dtsoosa7l-svc 59766 53 4il 4--.: 59.66 5.4 654' -Total's Terno-Check-Number ;7j Temo Check Number 31 38 31 Gopher State One Call 15-4210-0b0-60 seat svc 10.50 Totals Terno Check Number 31 '�----TeMD Chec4c 32 Hdwe Hank 01-4305-030-30 sofys 34.04 32 Hdwe Hank--- ---01-4305-030-30 discount 3; 20cr- 64 30.84 Totals Tema Check -Number 17 Oct 1997 _ - Claims List Fri 9:26 AM City of Mendota Heights Teruo Check Number 32 Page 6 Totals Teruo Check Number 36 137, _ _o Teruo Check Number 37 x ; Teruo. -37-Krechs-Husines-s Systems 00=-490=T ---1^ors— --85x00 Check 85.00 Tc1t'als Teriio Check -Number 37— s Nitmber V2ndG1 —Warne ACCC,-Urit Cede Co7nment s--'-- - --Amu Grit-- 5 38 L M C I T 01-2074 seat orern 432.78 38 L M C I T 01-4131-020-20 seat orern 161.46 !6I 0*=2rdT4 act-orern432.-78 38 L M C I T 01-4131-020-20 act orern -Te`rno Check -Number .5 -- ---I 52 ---- --• ----- ----- ---1-188: 48 9 3 Totals Teruo Check Number 38 10 33 Harold Chev 01-4330-440-20 rors 346.80 01-4280-310-50 disposal svc ,o `3.6 aro 8-CTiev 0rI= 0=rr40=2 rprs -------- ta ni 66 1,111.80 117 ,61 61 �13� Tota' -a—TeF(da CKLi tk—N•urd be Tema Check Number 34 19i zo f'z '17; ; 34 Ikon Office Solution 05-4330-490-15 rors 62.76 34 Ikon Office Solution 05-4330-490-15 act rntcn 40.00 X23( 241 g. -- .. ------ 25 zo 6B 102.76 261 Totals Teruo Check Number ' 34 271 ze. -' 23 Tema Check Number 35 301 =3± 1321 125, nver ro a FGr 1=433rD=44 2 aris�^pr �37:6� 33 126; 35 Inver Grove Ford _ 01-4330-440-20' parts 76.30 :" 3al I t : ' • b" --------F28 r 35 36� 2 y` Totals Teruo Check Number 35 I3e 1301 39 .; ao �31—TeMp-Ch'ect�N-artilr�'r--� I33! al 36 Kat Keys 15-4305-060-60 • .�_ keys' 10. 99 43. aal —_ -- 1451 Totals Teruo Check Number 36 137, _o Teruo Check Number 37 -37-Krechs-Husines-s Systems 00=-490=T ---1^ors— --85x00 e7 85.00 Tc1t'als Teriio Check -Number 37— -- Teruo Check Number 38 38 L M C I T 01-2074 seat orern 432.78 38 L M C I T 01-4131-020-20 seat orern 161.46 C -I -'T--- -- 0*=2rdT4 act-orern432.-78 38 L M C I T 01-4131-020-20 act orern 161.46 -- ---I 52 ---- --• ----- ----- ---1-188: 48 -------- -- -- Totals Teruo Check Number 38 --Terno-Check Number -...-- --39 - -- ---- ---.--.._.-... --- -- ----- - - 39 Laidlaw Env Svc 01-4280-310-50 disposal svc 375.00 -17- Oct ,x97 Fri 9:26 AM Terno Check Number 39 Claims List Pace 7 City of Mendota Heights i 01-4280-310-50 seat svc 87.15 s_ _ 44 Mendota Heights Rubbish 01-4280-310-70 seat svc _ Terno. k4-Mendota7Heki3hts-Rubbksh 15=4280 3r@-60 sent-svc— _,- 44 Mendota Heights Rubbish 01-4280-315-30 Check 45.20 3I I4� —Nuintier Vendar 1Uarne— R'ccaul'it Lode C6rritneYit 5 Rmc,Z[Yi ; $ � 39 Totals Terno Check Number 44 375.00 i a I _--Temo-Check-Number--- 45 - Total"s-Terno ChecR-Niirnbel^39 -- --''”- --- -- -- - -' y� 3 Teruo Check Number 40 seat sac Chas 2.850.00 ° --- '- 45 Metra` Couric i l -Env ironrnentSvc —15=3615--- '------ ---'- 10+ ----- -- -- 128: 5@cr--- — -------- 90 --Totals Terno Check Number-- umber- :0! Teruo Check Number 46 Tema " 131 40 Lone Oak Mailing Svc 01-4268-650-10 newsletter 69.20 +4 i^ -- ----- 15, _40 Totals Ternp Check Number j 20 G'I em0 Check NUmber 41 12, I, n 41 Lillie Suburban News 01-4240-080-B0 hrg not 62.72 123 life-S[7bT b-aVi- =4:=4�=T23=0 ..:,.: . , d -rd 55: 35 1241 25 2a, 41 Lillie Suburban News „ 27-4240-853-00 ::"""`=?;n}-:' '`+; bid ad�pine creek 57.20 254 121: --- .. : Y'L;i .. �.: �'1';j ,�",`+.>,' ,�•' ------ .. 271 28 sem` rel1 231 Totals Terno Check Number 41 129 30� I]2i 2•+I �25i Ferrtp-Check-Narnber 4' d:>°^l.r;: u`'.^,> '{ +, aT4''..'.4f�'•jt - �[+ s ,' �1,�: fes. • 33I 25 a: ly,K}r%., x''� ^,C.'.a. ,<t.' e's..:`3` •�.�• s..;^;"' :,�{a�,qi r �!",`a t°„ !i`� 747.70 34S 05111111 2,� 42 Master Transmission 01-4330-490-70 x rprs ; 1-81 �a1 9 I3ol 42 747.70 i Totals Tema Check Number 42 30 40 711 Ternp Check Number 43.F • sg . `°$` jrj"'.„°a"aJ;^ wYs••,'t.:., zv+:; �y ,. �, •-. s`s's a•:. <•, +-'' .I 1:2 43 33' ;-y..X �, N , .1 M—R I�ssQcla a 8=47711, — -` 451 I :35; -- ----- I46 1'-, 43 49.20 47 �491 ;,----ro-t'a- s-Temp-Chvek-Nurnbe 4� „ 38 I50 Terno Check Number 44 57 44 Mendota Heights Rubbish 01-4280-310-50 seat svc 87.15 s_ _ 44 Mendota Heights Rubbish 01-4280-310-70 seat svc 87.15 k4-Mendota7Heki3hts-Rubbksh 15=4280 3r@-60 sent-svc— _,- 44 Mendota Heights Rubbish 01-4280-315-30 sent svc 45.20 —306 -70 --- Totals Terno Check Number 44 o -Z _--Temo-Check-Number--- 45 - -- --''”- --- -- -- - -' _ 45 Metro Council EnvironrnentSvc 15-4448-060-60 seat sac Chas 2.850.00 ° --- '- 45 Metra` Couric i l -Env ironrnentSvc —15=3615--- '------ ---'- ----seat-sac -Chas - ---- ----- -- -- 128: 5@cr--- — -------- 90 --Totals Terno Check Number-- umber- Teruo Check Number 46 Tema " 17 Oct 1'.197 Fri 9:26 AM Teruo Check Number 46 Claims List pane 8 City of Mendota Heights _ P? 50 Minn Turf & Grounds Fdn 15-4400-060-60 annl conf 45.00 i,F 3 Teruo. ,7 :36; '3r 7, 141 Check ------ 140:0 .:81 ,y' �3e: Totals Terno Check 50 --Number Verid`c'm 1VaTne FTcc`�irSt-Cade (5°i'. Ccrtnm-ents -RMc;CCYit- r--, isl 6 46 Mid Northern Electric 01-4330-440-20 -,_-_Temo Check N'umb'er - . 51----- rors 117.82 -----------------•• I6� 3 46 51 National Society prof Enors 05-4404-105-15 dues 117.82 so °I Totals Terno Check Number 46 218.00 I Totals Temp Check Number i10 Temo Check Number 52 ,3I Terno Check Number 47 - isI 47-Mb-ls Eq Co -4'20@=5T0-=7,.. - eqtlen 69:56 "---•testinq-svcs--'---' 85.-00--- - --' ------ 52 Natl Medical Review 01-4490-070-70 testing Svcs 85.00 ho! 47 -------- -----_--._-•------- -----170.00---•-•-------•---• 369.56 Totals Temo Check Number T�ta�erno Check Number 4trz1 '_Temo Check Number - - - 53 53 Northern Air Coro 08-4335-000-00 rors 1171 ;131 Terno Check Number 48 , ?3, :19 48 Minn Dect of Revenue 01-4320-05@-50 lic renewal 25.00 12.�2; zs °27 21 -- .., ,� .. 261 as -0 0 21 Totals Temp Check Number 48 2911 13911 24i 321 2e em Chet umber 4 32 34 261 27; 49 Minn De?t of Public Safety @1-42@@-610-20 :,conn chgs 270. @0 76� 3s37i 2s1 49 270.00 1381 30; Totals Temo Check Number 49 39 401 131. 32i Temp Check Number 51aa2331 - _ ,t r"—S�Mirin-Turf-b- Grro�Yid�F13 1 -4-4130-V70-7W (, } ,ai ,s: P? 50 Minn Turf & Grounds Fdn 15-4400-060-60 annl conf 45.00 i,F 3 ,7 :36; '3r 7, —T0 ------ 140:0 .:81 ,y' �3e: Totals Terno Check 50 (5°i'. ,Number -,_-_Temo Check N'umb'er - . 51----- — ---•------- ---•- -----------------•• _� 51 National Society prof Enors 05-4404-105-15 dues 218.00 so J1 218.00 Totals Temp Check Number 51 ±off Temo Check Number 52 - - 52-Natl- Med ical Review- ---01=4490-=050=5 "---•testinq-svcs--'---' 85.-00--- - --' ------ , 52 Natl Medical Review 01-4490-070-70 testing Svcs 85.00 ------104•--•- -�._.�--•--------- -------- -----_--._-•------- -----170.00---•-•-------•---• --------= Totals Temo Check Number 52 '_Temo Check Number - - - 53 53 Northern Air Coro 08-4335-000-00 rors 147.50 ---_'_. - --_-_-----' 17 Oct 1997 Fr 9: 26 om remo Check Number oo Claims Lis* pane y City of Mendota Heights ,= � ' - 58 248'53 Totals-Temo-Chack-Number-58 Check 57; �j 52 ' - Temo Check Number oy � i5"^ 5e prairie Restoration Inc 53 . 111'17 147.50 -----'�e ----- —'-------�--'--'------ --'-------------- `^"`~��-�� ~� Totals remo Check Number oy '-'Temo'ooecx Number- ------aw '-' -- � ----------------------�--'-'�'----------------'-------'----------�----'--------------'-'-------- . ----�; - Temp Check Number 54 � 01-e074 no" orem e,640'ae _ -'- am Public smnl Ins Program � -- m1 -41o1 -11m -1m -----'- 54 Mark Olsen 01-4500-050-50 mowinn 875.00 1141 '-- ' -' - -- '—�' - --- --'-----------�--------��T��, .54 ^' -----'-_ 87a. -Ow � . � 171 131 Totals Temo Check Number 54 1201 114 15! j 19f ;3 124, 1171 55 Oxygen Service Cc 08 sect svt; 27.00 1 , a 40. 50 271 110 22 rilb-ev- i 1291 1-31 301 :,j Temp Check Number 56 1311 32 P C Computing 31-4402- 40 �5 16.94 33 341 2.i 35, 27! 361 1281 -5 �9 I Totals Temp Check Number 56 137 381 39 301 401 411 421 32: 57 P C Maga 39.97 1 57 39.97 3 Totals Temo Check Number 57 .47 Temp Check Number 58 ,= � ' - 58 248'53 Totals-Temo-Chack-Number-58 57; 52 ' - Temo Check Number oy � i5"^ 5e prairie Restoration Inc re ivy hills . 111'17 -----'�e ----- —'-------�--'--'------ --'-------------- `^"`~��-�� ~� Totals remo Check Number oy '-'Temo'ooecx Number- ------aw '-' -- � ----------------------�--'-'�'----------------'-------'----------�----'--------------'-'-------- . ----�; - aw Public Ewol Iris prouram � 01-e074 no" orem e,640'ae _ -'- am Public smnl Ins Program � -- m1 -41o1 -11m -1m -----'- '-- ' -' - -- '—�' - --- --'-----------�--------��T��, ^' -----'-_ � . � /' 17 Oct 1,J97 Fri 9:26 AM Teruo Check Number 60 Claims List Pane 10 City of Mendota Heights tinieiey -- ------ Temo. 1,050.14 Tota•ts Teruo-ChecW-Niimber �, --- -- Check - sr —Number Venctar Name --ACCGurlt- ad - —Ccimrnents-- -Ar(rciCtnt------ is 65 Softdisk 60 Public Ernol Ins Proorarn 01-4131-020-20 nov orern 3,311.06 le, r 60-Pub�ric Erdpl-IrTS-Prbrgrarn 01=4�3T=040=4 — --24-95 ------ - -- -- nov-prem 575.-65 - - 65 60 Public Ernol Ins Proorarn 01-4131-050-50 nov prem 1,672.46 to, 9 60 Public Empl Iris Program 01-4131-070-70 - nov prem 344.92 "1 43.00 60-Pu6"IicrnE piinsProorarn 5-=4-r3T--T05=7 Orem 1, 00.65 Totals Teruo Check. Number 66 60 Public Ernpl Ins Program 15-4131-060-60 nov prem 344.92 +11z41 60 Public Ernol Ins Program 08-4131-000-00 nov orern 200.65 .16 -'; 540 - 12, 088. 66 ta� I20 13� Totals Temp Check Number 60 1fil ,ri Ternp Check Number 61 'tl ,19:6I-Srad-'Rana-- Inc - J�40-743 >zs� I_t' 61 L 15.30 z9�. -i -^, T�taTS-'feFnti Ch�Ct�Nunrbe 130 ,c..i z,l Temp Check Number 62133- I3z! z9 251 62 Reoina Medical Grouo 01-4244-030-30 `°`" 'm exams 1,925.0035 341 271 1201 6= 925.-0 371 1291 Totals Teruo Check Number 62 1391 i-ol 39 •31�Che— C CSN urner 66 Romark '; µ- t• 4'� 63 Inc 01-3253 ,i rfd perm fee 49.25 44 •741 -- ----- 45 63 49.25 I4e1 a, Totals Teruo Check Number 63 1471 33Temo Check Number 64 ,c tinieiey 64 1,050.14 Tota•ts Teruo-ChecW-Niimber 64- --- -- --- -- 5"' - sr Teruo Check Number 65 65 Softdisk 01-4402-110-10 renewal 29_95 uV� --65 -------- ----,.-------- --- — --24-95 ------ - -- -- --- - --------- -_ Totals Teruo Check Number 65 --Tema - Check -Number -- -------------- -- ---- --- -- - -------- - --- ----- -- 66 S K P 01-4490-060-50 durnDing fee 43.00 66 43.00 Totals Teruo Check. Number 66 _ 17 Oct 1y97 Fri 9:26 AM Teruo Check Number 67 ---. '---- _---- _ --Claims List- City of Mendota Heiahts -Pane 11 -- - Q. I LJY41� I citl Ll VIICI.R „tum ucr r l Temo Check Number 72 t 72 Sun News 01-4240-050-50 empl ad Totals Temo Check Number 72 Terno- Check Number------------ .-73------ 73 -73- --73 Taoco 01-4420-060-50 cions 73 Totals Terno Check Number 73 Terno Check Number 74 - 74 Tracy Tri Do Fuels, -- - ---01-2210-"- --------- ”` - fuel — - s ]. - ;3s ss" 173.60 �st ------ 531- --__ •;r.: ' •s3iL 115.55iR 115.55 - 5;394. 00 — -- -- - - -- - - - --- Tema. I3 _ Check r -Number-'Vend'or-Name Account -Carie Comments-- Amount 4. 3 67 SMC Compost Sv 01-4490-050-50 disposal fee 29.00 Ili a ' 67 29.00 �1 a� Totals Teruo Check Number 67 ilc: i131 i Terno Check Number 68 !1� ,iz' hog „� 68 -Snyder -Drop -Stares ; • 02=k305�030 30 ly=� 171 68 Snyder Drub Stores 01-4305-020-20 sOlys r 15.51 lad 68 Snyder Druo Stores 01-4305-020-20 ! sDlys 10.80 19, 20l __ 17I 204 29. 60 I'21 to Totals Temp Check Number 68 3r i2e1 191 1201 Temp Check Number • 69 q R `.: •, .�"g:`= 25 2. .> .E." f'':S .Z ,!'�,•�+,','s'w ` �2 2 9— ' -�- Fj 4�.`' 8�SfI 12..1; —— I701pj 69 348.581 �3z, 2s :,, I`ctaTs�Temo Chr=clz-fltamber----6 -' x; :r;. ,. ;x `S;"u '^'.,m '.ii: `�: :» .. .y5, :•'0:9-. x .y ro,..; :+i _ iF ` 37 7_ 26l ! -O,'•; .. f., a F.' ,,271 Tern Check<'Nurnber:` 70 i;. p r„• :>S 'V `�.:>^. 3's �M '�a :F £.:•• ` .•r .. • a::. �•: xr'” 361 28I 77 381 70 Southview Chev 01-4330-490-70 carts 502 36 96 Iia) -- -'6-9 I79t 01 J1� 7 Totals Temn Check Nber um '' , •F;*. , : ";:�:' .. *., 'xr..: .. 72! T-43 ICp ,IR 3,I !451 35i ,i ae 61 71 State Treasurer 01-3315 3rd qtr s/chas 4,652.85 1471 7I-St-ateTreakstxrer 1 6Y5 rd-atY-s-/c [It..86 0 ;9 3e 142 4, 466.75 1s; Q. I LJY41� I citl Ll VIICI.R „tum ucr r l Temo Check Number 72 t 72 Sun News 01-4240-050-50 empl ad Totals Temo Check Number 72 Terno- Check Number------------ .-73------ 73 -73- --73 Taoco 01-4420-060-50 cions 73 Totals Terno Check Number 73 Terno Check Number 74 - 74 Tracy Tri Do Fuels, -- - ---01-2210-"- --------- ”` - fuel — - s ]. - ;3s ss" 173.60 �st ------ 531- --__ •;r.: ' •s3iL 115.55iR 115.55 - 5;394. 00 — -- -- - - -- - - - --- 17 Oct 1997 - Claims List Fri 9:26 AM City of Mendota Heights Tema Check Number 74 Terna. Check --Number-Vendor'"Name ---- —'--Account Code ---—Ctrariierits -' '- r Totals Temo Check Number 74 C, Temo Check Number — I :1, 75 U S A Waste 08-4335-000-00 seat svc 75 Totals Temo Check Number 75 :6; Tema Check Number 76 •.3� sir MI ed -- i 76 Uniforms Unlimited :T52 Totals Tema Check Number -Y_ 01-4410-020-20 solys 76 Gane 12 --- ArnbZl'rit- —'�- J, -11..,,., 92. 64 92.64 -r5r. ee 104.89 X55:-9'1' 127i ' 77 Vicon Inc 27-4460-721-00 =' .R , pyrnt 4 t i l sens 40, 004.50 3.3 3. �aI 77 Totals Temo Check Number 40, 004. 50 [3S 9�` 1301 77 407,11431 ;3, Tema Check Number" 78 , , �8 wail Jt ree4 jduirra - 2- - i ,.. eiSeFi'ci 5� 441 • ,a5! 78 175.00 ;37, �7 Tdt-als Temo-Chick Num tier ail c Tema Check Number 79-12 =+ 79 World Insurance 01-4131-070-70 Oct prern 33.96 y 33:96 Totals Tema Check Number 79 —I'erno ChecK"Nurriber---•-•- •-------8�"-•----- ------�._...-----• --• - --- --- :.. 80 Ziegler Inc 01-4330-490-50 parts 83.92 80 83.92 Totals Tema Check Number 80 --._5402 - -- -- - - .-. _ - ---------- 185.809.62 Grand Total -' MANUAL CHECKS , 3663715.00' No St Chap ICBO 10/10 meeting.• f - 16638 .. 50,996.00:,MH Fire Relief Assn"' state aid'- $ 16639 508.30 'U S -Post Office newsletter - 16640 5,544.80 :State Capitol -,C U - 10/10 payroll 1,500.00 U -S Post office ' '—meter refill 16642 17.28 ' PERA ::, .;: ; : 10/10 payroll 16643 1,043.40 ;rICMA•. RT "- . " 16644 310.00'' Great West Cb -A 16645 245.00 "' MSRS •,,, a �,*,;i ° : i,:; t " 16646 978.00`Minn 'Mutual== _ ._ _... _ - •-- - -- - -16647,-: "9,814:55.,7PERA__... ; _ 16648.416.40 Dakota; County%... •� " 16649 325.00<, Dakota Bank --'•---16650 —..-57;709:36--Payrol 1. a/c— ---- -16651 74.95 John.Larrive exp reimb`, -q 129,496.47 , ------------------•—G:T,-__-315;306..-06 __s_._._'. -------- r ---•---------------•------------ ' NH'''L. •' i +' •!. - • +' 1 •? art.• .. it . , Vie..' "ice •.pe-�' " , ' njl'r�-., t'.}: "':�•�•�o�l:'arr 4L �evY• K< i)r.. � - . - 'yt :.;+7 v`�x,{i,x.� t,, �TS+(' r•�',-y,.rHti94:,{1,.. '`_,_.e: ,,'F�i ` - -.:�•, ' "`•L;;; I�ivM,_�1��:i�r'rR Ly� r">Ti: i1,'..'•' .. CITY OF MENDOTA HEIGHTS MEMO October 17, 1997 TO: Mayor, City Council and City AdminC'Nr�7or FROM: James E. Danielson, Public Works Director SUBJECT: No Parking Request DISCUSSION The City recently received the attached request for a "No Parking" zone along Warrior Drive. Three homeowners living along the northern most end of Warrior Drive have been bothered by students from Henry Sibley High School parking in front of their homes. We assume that these students are parking there to avoid paying for parking in the school's lot. There are also three more homes that front on Warrior Drive, located farther south, with the rest of the homes having back and side yards abutting Warrior Drive (map attached). In order to be consistent and to avoid the possibility of just moving the problem farther south, I feel that "no parking" zones should be extended to include all the homes fronting on Warrior Drive. We should also consider limiting the parking restriction to only include daytime school hours. In order to inform all the affected homeowners, I have sent copies of this memo to the homeowners abutting Warrior Drive. ENGINEERING RECOMMENDATION There is no reason from an engineering standpoint not to grant the request. POLICE RECOMMENDATION The police department has no compelling objection to the posting of "No Parking" signs on the west side of Warrior Drive. However, Council should be aware of the following comments. There is no real public safety justification for the signs. School buses are regulated by specific laws that allow them to stop all traffic on the street while loading and unloading. The presence of parked cars that force the buses to load and unload in the "middle" of the street may be an advantage. The fact that the mail delivery persons are inconvenienced is not a public safety issue either. There are laws that are designed to prevent people from parking in such a manner that makes mail delivery impossible. There is no law that speaks to the convenience of mail delivery. By restricting parking on Warrior, we may just move the parking problem deeper into the neighborhood to Sibley Court and High Ridge. We would then face a similar request by those residents. Council may certainly determine that the inconvenience caused to homeowners warrants the parking ban, but the police department does not see a public safety concern that would justify the signage. I would request that any posted signs are specific as to the hours. Our officers and the court should not be required to make judgments based on terms such as "While school is in session" or "When students are present". Neighbors should also be notified that all parking would be prohibited, not just student parking. ACTION REQUIRED If Council desires to grant the request, they should pass a motion adopting ORDINANCE NO. , AN ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF THE NORTH 600 FEET OF WARRIOR DRIVE. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF THE NORTH 600 FEET OF WARRIOR DRIVE SECTION 1. No person shall park or leave standing any motor vehicle on the west side of the north 600 feet of Warrior Drive. SECTION 2. DEFINITIONS 2.1 "Motor Vehicle" shall be deemed to mean any self-propelled vehicle with the exception of buses used for public transportation. 2.2 "Person" shall be deemed to mean and include individuals, partnerships, associations or corporations. SECTION 3. Any person failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor. SECTION 4. This ordinance shall be in full force and effect from after publication according to law. Enacted and ordained into an ordinance this 21st day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor ATTEST: By Kathleen M. Swanson, City Clerk --7--T4-------------------- 7= --------_-------=----_------------- - --- _----__ —------- ---- r^------------------- ------..------- ------- -- �� ,FR- 0 00 I de, -est' 1 A I I S I - I I ly 6 bl o 119 IZI I 9 b r�' cl I C0-010 Ol 6 I s �I M� I II ;I _II L--— — ------ FF-- — — — —— f; IV / \ddJ 0 1867 Warrior Drive Mendota Heights, MN.55118 E81-eh3`l. October 4, 1997 Mr. Jim Danielson City Hall - Mendota 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Danielson, The Superintendent of School District 197 has decided to make the students pay for the privilege of parking their cars in Sibley's High School parking lot during the school hours. As a result, many students who don't want to pay the parking fee, park their cars on both sides of Warrior Drive. This creates quite a few problems to some of the residents of Warrior Drive , specifically to those living in the last three houses before the entrance to the high school parking lot. We live at 1867 Warrior Drive and, so far, we found cars parked near or in front of our mail box, creating inconveniences to the mail dispatcher, who complained that it was difficult for him to deliver our mail. Three school buses need to stop right at the top of our driveway to pickup resident children, now they must stop in the middle of the road. This can be quite dangerous for the children, considering the amount of traffic going on at that time of the morning. We are even more concerned for later on when more students will be of driving age, thus increasing the number of cars parked on Warrior Drive. The situation will become even worse during the winter months, when the snow needs to be plowed with cars on both sides of the road. In view of these concerns, we are asking to allow the student to park only on Sibley's side of the road. The "no parking" restriction, now limited to the North end of Warrior Drive (cul de sac) should be extended to the southern end of our property. A sign placed on the residential side of this stretch of Warrior Drive should clearly state that parking is not allowed there during the school hours. As mentioned before, the situation is particularly critical on this last portion of Warrior Drive because of the school buses picking up the children. Other neighbors living further down the road might not feel the same degree of inconvenience because either they don't have school age children or their houses don't directly face Warrior Drive. We respectfully ask to take our request into consideration and, if necessary, include this item in the agenda of your next city council meeting. We thank you in advance and are waiting to hear your decision on this matter. old & Gail Wildenauer 9 Warrior Dr. C,O—' -z- Se�e cx_Vc, William & Jane Fox 1851 Warrior Dr. t'o We respectfully ask to take our request into consideration and, if necessary, include this item in the agenda of your next city council meeting. We thank you in advance and are waiting to hear your decision on this matter. Sincerely, Flavio & Lynne Mangini 1867 Warrior Dr. Jerrold & Gail Wildenauer 1859 Warrior Dr. r - c William & Jane Fox 1851 Warrior Dr. CITY OF MENDOTA HEIGHTS MEMO October 21, 1997 TO: FROM: SUBJECT Mayor, City Council and City Administrator James E. Danielson, Public Works Dired;;3,AA No Parking on Warrior Drive - Additional Information DISCUSSION: I received two responses as a result of the mailings on the Warrior Drive "No Parking" issue, a letter from the Schupperts (attached) and a phone call from Susan Farley, 577 High Ridge Circle. Ms. Farley supports the No Parking request and agreed that stopping the zone at the end of the homes fronting on Warrior Drive was appropriate. She did request that limited "No Parking" zones be created near both High Ridge Circle and Sibley Court's intersections with Warrior Drive. She reports that during ball games in the summer, parking along Warrior Drive is at such a premium that vehicles park extremely close to, or into those intersections. This obstructs the view and causes a safety hazard. I have attached an amended resolution that would implement Ms. Farley's request. October 21, 1997 To: City of Mendota Heights Mayor, City Coundil and City Administrator James E. Danielson, Public Works Director Subject: No Parking Request Jim and I have received the letter regarding the "no parking" on Warrior Drive. While we have had no personal negative experience from the students parking on Warrior except for the increase of fast food wrappers, etc., we feel it is a good idea to provide the homes on Warrior with as much as a buffer from the school as possible. It is important for the privacy, value, and resale of these properties to do so. Not all issues of this nature need to be "safety" driven. As you know ours is a neighborhood which likes to protect itself from negative forces. In your letter you indicated that you were enclosing a map which would show the 600 ft. restriction. However, we did not see a map. Consequently, we are not sure whether our home at 1901 Warrior is part of this restriction or not. We would like to be. Jim and I really are in favor of protecting all of Warrior Drive not just relocating the issue. I do feel that some parking after school hours, while we do not like it, may be a compromise. We expect that you will vote "yes" to the restriction. When you do so, we have one request. Since we already have the large utility box, the fire hydrant, etc. next to our driveway, we would not like for the "no parking sign" to be part of our landscape and the approach to our driveway. Thank you for your information and your thoughtful consideration to this issue. We will be unable to attend the meeting so we wanted you to know our thoughts on the subject. If we could be informed of your decision, we would appreciate it. ,lc_ ' cereb E. Jim and Jan Schueppert PS. As I write this I am smiling, when I moved to Mendota Heights I never thought I would be writing letters and appearing before the Council of Mendota Heights as frequently as I have been in the last few years. My best wishes to all of you. Jan Schueppert CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF THE NORTH 600 FEET OF WARRIOR DRIVE AND TO WITHIN 30 FEET OF THE INTERSECTIONS OF HIGH RIDGE CIRCLE AND SIBLEY COURT SECTION 1. No person shall park or leave standing any motor vehicle on the west side of the north 600 feet of Warrior Drive and to within 30 feet of the intersections of High Ridge Circle and Sibley Court. SECTION 2. DEFINITIONS 2.1 "Motor Vehicle" shall be deemed to mean any self-propelled vehicle with the exception of buses used for public transportation. 2.2 "Person" shall be deemed to mean and include individuals, partnerships, associations or corporations. SECTION 3. Any person failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor. SECTION 4. This ordinance shall be in full force and effect from after publication according to law. Enacted and ordained into an ordinance this 21st day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS IM ATTEST: By Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor CITY OF MENDOTA HEIGHTS October 16, 1997 TO: Mayor, City Council, and City Admini FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Case #97-34: Conditional Use Permits for Accessory Structures Children's Country Day School 1588 South Victoria Road Discussion Mr. Ron Ettinger of Children's Country Day School appeared before the Planning Commission at their regular meeting on September 23, 1997 to discuss his plans to replace one accessory structure and expand another accessory structure at the Day School. Mr. Ettinger wishes to replace a chicken coop on the north end of the property with a new chicken coop, and to expand the existing 22' x 24' storage shed on the south side of the property with a 26' x 40' addition, for a total square footage of 1,568. Recommendation At their regular meeting on September 23, 1997, the Planning Commission voted 4-0 (with Commissioners Friel, Duggan, *and Lorberbaum absent) to recommend that the Council approve the Conditional Use Permits to replace the existing.accessory structure and expand another existing accessory structure at the Children's Country Day School, all as proposed on file in Planning Case File #97-34. Please see the attached items of public record pertaining to this application, including the minutes from the September 23, 1997 Planning Commission discussion of this application. Mr. Ettinger will be present at the October 21, 1997 meeting of the City Council to discuss his application. Action Required If the Council concurs with the Plan may adopt the attached RESOLUTI1 CONDITIONAL USE PERMIT TO 7 �ssi dbommendation, the Council 97-34)A RESOLUTION APPROVING A M.ACE AN EXISTING ACCESSORY STRUCTURE AND EXPAND ANOTHER EXISTING ACCESSORY STRUCTURE AT 1588 SOUTH VICTORIA ROAD, placing any additional conditions upon approval the Council deems necessary. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97-- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO REPLACE AN EXISTING ACCESSORY STRUCTURE AND EXPAND ANOTHER EXISTING ACCESSORY STRUCTURE AT 1588 SOUTH VICTORIA ROAD WHEREAS, Mr. Ron Ettinger of 1588 South Victoria Road has requested two Conditional Use Permits to replace an existing accessory structure and to expand another existing accessory structure, as proposed on plans on file in Planning Case No. 97-34; and - WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their September 23, 1997 meeting; and WHEREAS, The Planning Commission voted 5-0 (with two Commissioners absent) on September 23, 1997 to recommend that the City Council approve this application, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the dity of Mendota Heights that Conditional Use Permits to replace an existing accessory structure and to expand another existing accessory structure, as proposed on plans on file in Planning Case No. 97-34, is hereby granted. BE IT FURTHER RESOLVED by-ther-City Council of the City of Mendota Heights that the proposed Conditional Use Permits to replace an existing accessory structure and to expand another existing accessory structure, as proposed on plans on file in Planning Case No. 97-34 will have no adverse impact on the health, safety or general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 21 st day of October, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor area. He stated that these appear to encroach the Highway 13 right-of-way. Mr. Schell concurred and explained that this happened when MnDOT took 80 feet of Lloyd's property. Tilsen inquired if an easement had been documented. Mr. Schell responded not that he is aware of. Chair Dwyer opened the hearing to the audience. There was no one present to discuss- this request. Chair Dwyer moved to close the public hearing. -' Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Koll moved to recommend that. the City Council grant a 2.72 front yard setback variance. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-34: ETTINGER - CONDITIONAL USE PERMIT Mr. and Mrs. Ronald Ettinger, of Children's Country Day School, located at 1588 South Victoria Road, were present to discuss their request for a Conditional Use Permit which would allow a 40' by 26' addition to an existing storage building and to replace the existing chicken coop. Chair Dwyer stated that the new addition will help create additional storage on the property. Mr. Ettinger concurred and stated that the existing buildings pre -date their ownership of the property which began in 1971. Commissioner Koll asked for square footage clarification. Mr. Ettinger informed the Commission that his letter of intent incorrectly stated the total square footage. He explained that the size of the new addition will be 26' by 40' and that it will be added to an existing 22' by 24' building. Total square feet will be 1,568. Commissioner Koll inquired if the Ettinger's intend to place all of their equipment into this building. Mr. Ettinger stated that they intend to PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 2 consolidate their equipment from their St. Paul site as well as their Mendota Heights site. He further explained that the easterly 15 feet of the building will be used to house animals such as donkeys and llamas. The Commission inquired if this was an allowable use. Planner McMongial responded that the Zoning Ordinance allows this use because the property is over 4 acres in size. Mr. Ettinger stated that the new addition will give the property an architectural enhancement and create a more "homey" atmosphere. He stated that building will be used to obscure equipment stored to the north on the property. Commissioner Tilsen stated that he lives nearby the school and that he believes the school is a real benefit to the community. He stated that the Ettinger's have been very responsive to the neighborhood's concerns. Tilsen stated that he is concerned with future changes of ownership. He stated that he does not want to see these buildings used for something other than what they were originally intended for. Chair Dwyer reminded the Commission that the City's Zoning Ordinance dictates the use of a property. He stated that if the future use is consistent with the City's Zoning Ordinance, then there is no problem. But if the use is not consistent, the City should be able to enforce its Zoning regulations. Dwyer stated that he can appreciate Commissioner Tilsen's concern with a business getting larger than what the Zoning Ordinance allows. Mr. Ettinger stated that he does not foresee any changes occurring for at least 15 years. Chair Dwyer opened -the meeting to the public. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit which would allow the replacement of the chicken coop and build a 26' by 40' addition to the existing storage building according to the drawings and site plan submitted. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 3 D,& City of ,�JIA 1Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST f I Case No. Cj q " � `>• Date of Application I� - Fee Paid Applicant Name: ETTINGER RONALD D. pH: 454-7499 (Last) (First) (MI) Address: 1588 South Victoria Road Mendota Heights, Minnesota 55118-3658 (Number & Street) (City) (State) (Zip) Owner Name: ETTINGER RONALD DEAN (Last) " ' (First) (NII) Address: 1588 South Victoria Road Mendota Heights Minnesota 55118-3658 (Number & Street) (City) (State) (Zip) Street Location of Property in Question: VICTORIA ROAD SOUTH Legal Description of Property: That part of the SW 1/4, NE 1/4 of Secti on 23, T. 28N. , R23W. lying Southwesterly of the Southwesterly R/W line of Federal Aid Interstate Highway 35E, subject to Victoria Road and all easements of record. Type of Request: Rezoning �— Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning, of Property R 1 Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section Present Use __ .Preschool / Summer Camp Proposed Zoning of Property SAME Proposed Use SAME I hereby declare that all statements made in this request and on a additio material are true.t I (Signature of Applicant) ::] o� 13 —9 (Date) (Received by - Title) 1101 Victoria Curve -Mendota Heights, MN - 55118 452.1850 jd®) McCombs Frank Roos Associates, Inc. G/PF 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors MEMORANDUM TO: Planning Commissioners of Mendota Heights FROM: Meg McMonigal, City PlannerVmll— Marc Weigle, Planner ((�� DATE: September 16, 1997 MEETING DATE: September 23, 1997 SUBJECT: Conditional Use Permit for Accessory Structures, Case No. 97-34 APPLICANTS: Ronald Ettinger, Children's Country Day School LOCATION: 1455 Mendota Heights Road ZONING: R1, Single Family Residential GUIDE PLAN: Rl, Single Family Residential Description of Request Children's Country Day School is requesting a Conditional Use Permit (CUP) for a 40' x 26' addition to an existing storage building and to replace the existing chicken coop. A CUP is required for parcels greater than four (4) acres when accessory buildings exceed 225 square feet. The additional space in the storage building is to be used to store classroom materials and educational equipment that is currently being stored at a garage in St. Paul. The applicant is proposing to replace the chicken coop because of its age and poor condition. Background Three (3) accessory structures presently exist on the 5.94 acre site: (1) a chicken coop, (2) a garage and (3) a storage building. The applicant proposes to replace the chicken coop at the same size and expand the storage building from 524 square feet to 1,716 square feet. An Equal Opportunity Employer City of Mendota Heights Planning Commission Children's Country Day School CUP Request September 16, 1997 Page 2 Review Authority Section 7.2 (7) of the Zoning Ordinance requires a Conditional Use Permit if the standards set forth in Section 7.3 (10) are exceeded. The standards in Section 7.3 (10) permit accessory structures of: "not more than four hundred twenty-five (425) square feet if the area of the property on which such structures are to be located is more than four (4) acres, provided that no single structure shall exceed two hundred twenty-five (225) square feet and no more than three (3) accessory structures may be erected." Conditional Use Permit Review Conditional uses are those that require additional review and a public hearing. The review is to evaluate the use in light of its impacts on neighboring land. Conditions and safeguards may be imposed in permits to insure that the purpose and intent of the Zoning Ordinance is carried out. The criteria in the Zoning Ordinance includes: the effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands, existing and anticipated traffic conditions surrounding property value and that it is in harmony with the general purpose and intent of this Ordinance and the Comprehensive Plan. The total area of the three accessory structures on this site is 2,871 square feet (195 + 1,716 + 960). The first accessory structure is a 13'x15' (195 square feet) chicken coop. This building is proposed to be replaced by another 13' x 15' structure for the same use. The chicken coop is located north of the school building and should not adversely affect any neighboring property owners. The second accessory structure is a garage, approximately 24'x 40' (960 square feet). There are no plans to remodel or expand this structure. The third accessory structure is the 22'x 24' storage building.,.,They are proposing a 26' x 40' addition that would create a 1,716 square foot storage building. The applicant states that this addition will enable the school to store educational materials and equipment on site. The proposed addition would not be visible from residences other than those on the adjacent property line to the south. However, it would shield these houses from an outdoor area that stores miscellaneous equipment. The accessory structure would meet the fifteen (15) foot height standard. There would not be any impacts on the health, safety, and welfare of occupants or surrounding lands, traffic conditions or property values. This request is in harmony with the general purpose and intent of this Ordinance and the Comprehensive Plan. City of Mendota Heights Planning Commission Children's Country Day School CUP Request September 16, 1997 Page 3 Action Requested: The Planning Commission can recommend: (1) Approval (2) Approval with conditions (3) Denial Planning StaffRecommendation: The Staff recommends a Conditional Use Permit be granted to replace the chicken coop and build a 26' x 40' addition to the existing storage building according to the drawings and site plan submitted. MATERIALS REVIEWED: 1. Application for Consideration of a Planning Request, signed and dated August 13, 1997. 2. Site Plan date July 7, 1997. 3. Building elevation and floor plan drawings dated August 12, 1997. J 010-o5 LOT 5 ! I, 'V I )311-04 LOT 4 ■ / • 2 Country Day School Site 1588 South Victoria Road \\ I l! l 4 CHILDREN'S COUNTRY DAY SCHOOL 1588 South Victoria Road Mendota Heights, Minnesota 55118 (612) 454-7499 08/22/97 TO: City of Mendota Heights ATT: Building Department FROM: Ron Ettinger LETTER OF INTENT: Children's Country Day School is making application to add additional storage space to exiting storage building. The existing storage building is 22' X 24'. The additional space requested is approximately 40' X 26'. The approximate total building size including new storage space will be 66' X 26'. The building is currently being used to store lawn & garden maintenance equipment (includes lawn tractor & trailer, misc. gas powered equipment to rakes and shovels), skid loader, snowplow blade, fuel & oil, building maintenance equipment, building materials, animal feeds, fertilizers, de-ice chemicals, children's play equipment, etc. s .r Primary use of new space is to store- materials from overstuffed storage rooms in main school building. Storage rooms in school building used mainly to store educational equipment. Equipment condition is being significantly compromised because it cannot be stored safely. Children's Country Day School has had to resort to renting a garage in St. Paul to store shelving units, furniture, misc. equipment. This however, is. .costly and not practical. The Mendota Heights fire marshall, Paul Kaiser has ordered that items be moved away from hot water heaters, furnaces, boilers, etc. U t CHILDREN'S COUNTRY DAY SCHOOL 1588 South Victoria Road Mendota Heights, Minnesota 55118 (612) 454-7499 Page two of two pages 08/22/97 The other use for the additional space is to shelter livestock. The existing space used as a stable for animals is in poor condition and it is decrepit. The decrepit structure as described above, is in clear view of four neighbors and if this project is approved, the existing stable will be replaced with an attractively designed building that will be an appropriate fit in a residential setting. The 40 foot additional space, that will extend to the east, will provide a structure , that will eclipse an outdoor area that stores miscellaneous equipment and materials i.e., a school bus, dump truck, etc. that would otherwise be in clear view to the neighborhood approximately 350 feet to the south. No other neighbors are within 1000 visual feet of this storage area from any direction. It was suggested by city planners that I also include in my CUP application the demolition and replacement of a chicken coop on the property. The existing chicken coop is 13' X 15' and is in poor condition due to its age. The application for a replacement chicken coop is for the same perimeter size, see plans with this application. Thank you for your' consideration of this proposal. r Ronald D. Ettinger Property Owner 1588 South Victoria Road Mendota Heights, Minnesota 55118 Phone: (612) 454-7499 F� CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 3, 1997 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:45 p.m. o'clock P.M., or as soon as possible thereafter, on Tuesday, September 23, 1997, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Ronald Ettinger, of Children's Country Day School, for a Conditional Use Permit which would allow the expansion of an existing storage building to 66' x 26' on the following property: That part of the SW 1/4 of NE 1/4 of Section 23, Township 28, Range 23, lying Southwesterly of the Southwesterly R/W line of Federal Aid Interstate Highway #35E. More particularly, this property is located at 1588 South Victoria Road. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the request for the Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. - L ev _., r�+�g �ys u ")J cin CITY OF MENDOTA HEIGHTS MEMO October 16, 1997 TO: Mayor, City Council and City Admi 'or FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Cellular/PCS Antennae Ordinance Discussion Attached is the final draft of the Cellular/PCS Antennae Ordinance. Staff has prepared the draft in final form for possible adoption by the City Council on the evening of October 21, 1997. This draft ordinance is the result of several viewings by the Planning Commission and the City Council; including two joint workshops: •The current moratorium on placement of Cellular/PCS antennae within the City of Mendota Heights expires on December 3, 1997. Opportunities have also been provided for industry input on the draft ordinance, and several local Cellular/PCS service providers have responded with oral and written . comments on the draft ordinance. Where the Planning Commission and the City Council have felt that proposed changes by the industry were appropriate, they have been incorporated into the draft ordinance. Recommendation At their regular meeting on September 23, 1997 the Planning Commission voted 4-0 (with Commissioners Friel, Duggan, and Lorberbaum absent) to recommend that the Council adopt the attached Draft Ordinance. Action Required If the Council concurs with the Planning Commission's recommendation, the Council should pass a motion to adopt the attached Ordinance entitled AN ORDINANCE AMENDING ORDINANCE NO. 401. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NUMBER AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota Heights does hereby ordain as follows: SECTION 1 Municipal Ordinance No. 401, commonly known as the City Zoning Ordinance, is hereby amended to include -Section 21.6, which shall read as follows: 21.6 WIRELESS TELECOMMUNICATIONS ANTENNAE, FREE- STANDING ANTENNAE TOWERS AND ACCESSORY STRUCTURES Wireless telecommunication towers, antennae, and accessory structures, including but not limited to cellular and PCS -technology, are a Conditional Use of all zones within the City, subject to the requirements and exceptions of this Section. 21.6(1) Purpose. To protect the public health, safety and general welfare of the community while accommodating the communication needs of residents and businesses, the Mendota Heights City Council fords that this Section is necessary to: 21.6(1)a Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements. 21.6(1)b Protect the aesthetic qualities of the community by requiring tower and antennae equipment to be screened from properties within viewing distance of the site and to be designed in a manner to blend in with the surroundings and compliment existing structures. 21.6(1)c Maximize the use of existing and approved free-standing antennae towers buildings, and existing light poles for new wireless telecommunication antennas 21.6(1)d Minimize the number of free-standing antennae towers needed to serve the community by utilizing co -location. 21.6(1)e Facilitate the provision of wireless telecommunication services to the residents and businesses of the City. 21.6(2) Definitions. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: 21.6(2)a Accessory structure. A use or structure which is subordinate to one of the following: 1.) the principal use of the land 2.) a building with antennae 3.) an antennae tower 21.6(2)b Antenna. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to Cellular and PCS technology. 21.6(2)c Personal wireless communication services. Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. 21.6(2)d Public Utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone services to the public. For this ordinance, commercial wireless telecommunication sources shall not be considered public utility uses or essential services. 21.6(2)e Tower. Any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. For height restriction purposes, the height of the tower shall be measured from the ground to the highest portion or attachment thereof. 21.6(2)f UBC. Uniform Building Code. Published by the International Conference of Building Officials and adopted by the State of Minnesota to provide jurisdictions with building -related standards and regulations. 21.6(2)g Unused or Obsolete Towers or Antennae. Any antennae or free-standing antennae tower shall be considered to be unused or obsolete if it is not continuously used if no use is made of it for its intended purpose for a period of six continuous months or more. 21.6(3) Building -Mounted Antennae 21.6(3)a Antennae may only be mounted on institutional buildings (churches, schools, businesses, etc.) or apartment buildings two stories or higher. Wireless telecommunications antennae are not permitted on attached or detached single-family homes. 21.6(3)b Building -mounted antennae must be flush -mounted to the sides of the building and painted the color of the building exterior unless the applicant can demonstrate to the Council that protrusion above the roof line is necessary for communications effectiveness. 21.6(3)c In no case shall building mounted antennae or any attachment thereto be allowed to protrude more than 15' above the roof line of the building. 21.6(3)d If both the applicant and the City consent to mounting the antennae on the City's water tower or other municipal building, a Developer's Agreement may be necessary at the discretion of the City in addition to a Conditional Use Permit. 21.6(4) Free -Standing Antennae Towers 21.6(4)a No free-standing antennae or antennae tower shall be allowed in any R-1, R -IA, or R-2 zones unless co -located on existing utility towers. 21.6(4)b A free-standing antennae tower shall only be permitted if the applicant can demonstrate the following to the Council: 1. that a building -mounted or water tower -mounted antennae in the manner described in Section 21.6(3) will not provide sufficient communications effectiveness, and 2. that it is not possible or feasible to co -locate on an existing free- standing antennae tower or building in the vicinity of the proposed location. 21.6(4)c Free-standing antennae towers must be of a monopole -type design and painted "eggshell". 21.6(4)d All free-standing antennae towers shall be no higher than 75', as measured from the ground to the highest point of any portion of the tower, antennae, or any other component attached thereto, or the distance between the base of the antennae tower and the nearest setback line, whichever is least, e unless the applicant designs the antennae tower for co -location and agrees in advance to accommodate any reasonable request for co -location from another service provider, in which case the tower shall be no higher than 100' or the distance between the base of the antennae tower and the nearest setback line, whichever is least. 21.6(4)e All freestanding antennae towers and accessory structures must adhere to all appropriate setbacks for the given zone. 21.6(5) Aesthetics 21.6(5)a All free-standing antennae towers shall be of a monopole -type design. The use of guyed towers is prohibited. 21.6(5)b Those portions of all free-standing antennae towers and all antennas which protrude into the air shall be painted eggshell. Those portions of all antennae that are flush -mounted to the sides of buildings shall be painted to match the exterior of the building. 21.6(5)c All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the appropriate zone and as described in Section 4.17(4) of this Zoning Ordinance subject to Council review. 21.6(5)d Advertising of any kind shall not be permitted on any free-standing antennae tower, antenna, or accessory structure. 21.6(5)e Artificial lighting of any kind shall not be permitted on any free-standing antennae tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting required shall be allowed. 21.6(5)f Structures, functions, uses or activities that are not found by the City to be specifically necessary for the proper functioning of the antennae shall be prohibited on any antennae or tower without express permission from the City unless the City grants a waiver to this requirement. 21.6(6) Safety 21.6(6)a For a free-standing antenna tower, the applicant must provide a report from a licensed qualified professional structural engineer certifying that the tower will meet or exceed current EIA/TIA-222-E standards including but not limited to standards for withstanding meteorological conditions such as high winds and radial ice. 21.6(6)b All antennae, free-standing antennae towers, and accessory structures shall conform to all building and electrical codes. 21.6(6)c The applicant may be required by the Council to erect a security fence around any free-standing antenna. 21.6(7) Accessory Structures for Antennae 21.6(7)a Accessory buildings to antennae or free-standing antennae towers must lie completely within all applicable setbacks from all property lines and must otherwise conform to all requirements for accessory buildings within the description of the specific zone. 21.6(7)b Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site, or in the absence of such structures, with their immediate surroundings in an aesthetically pleasing manner. Accessory structures shall be finished on all sides. The Planning Commission shall review and the Council shall approve the design of any accessory structures and equipment buildings. 21.6(8) Other 21.6(8)a Unused or obsolete free-standing antennae towers, antennae, structures or apparatus must be removed within six months of when the operation ceases. 21.6(8)b The applicant must submit proof of any applicable federal, state, or local licenses to the Council prior to receiving a building permit. 21.6(8)c The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications. 21.6(8)d The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis, that the location and height of the -M free- standing antennae tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, free-standing antennae tower or antenna including in neighboring municipalities. 21.6(8)e All new or existing telecommunications service and equipment shall meet or exceed all Federal Communications Commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the City a report from a qualified professional engineer guaranteeing non- interference and a copy of the FCC approval of the antennae in regards to non-interference. 21.6(8)f In the event that the FCC or other agency or other governmental body having jurisdiction requires the applicant to submit an Environmental Impact Statement or similar document, a copy of this document shall be submitted to the City. 21.6(8)g A successful applicant shall provide an Abandonment Bond to the City. equal to one and a half times the current cost of removal and disposal of all antennae and accompanying apparatus as estimated by a consultant selected by the City and paid for by the applicant, which bond shall be used by the City to remove the antennae and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennae and apparatus. 21.6(8)h Existing non -conforming free-standing antennae towers, antennae, or accessory structures shall be allowed to continue operation unless use of the free-standing antennae towers, antennae, or accessory structure for its intended purpose ceases for a continuous period of six months, in which case resumption of use shall require a re-application for a Conditional Use Permit. 21.6(8)i All applications for either free-standing antennae, a free-standing antennae tower, or building -mounted antennae shall be accompanied by a map of all existing towers and antennae of the same provider within a two mile radius of the proposed site and all future planned antennae of the same provider for the next five years within a two mile radius of the proposed site. 21.6(8)] All costs of an application, including but not limited to those incurred by City Staff time and resources, engineering studies by consultants, and other data as may be required by the City Staff, the Planning Commission or the City Council shall be borne in full by the applicant. _Z, 21.6(8)k The Council may at its discretion -waive any or all of the requirements of this Section in order to approve a unique "stealth" or "camouflage" design of free-standing antennae or poles or building mounted antennae if in the opinion of the Council said apparatus will be sufficiently disguised as trees, light poles, church steeples, or other similar objects. 21.6(8)1 Use of mobile Cell/PCS sites or COWS (Cell Sites on Wheels), or any other temporary antennae apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency. SECTION 2 This Ordinance shall be in full force and effect from after its publication according to law. Enacted and ordained into an Ordinance this 21st day of October, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor CITY OF MENDOTA HEIGHTS 0A 11 October 16, 1997 TO: Mayor, City Council, and City Adm' �a)t FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Request for permission for a Pet Shop at Mendota Plaza Discussion Paster Enterprises has a pet store as a prospective tenant at Mendota Plaza. After reviewing the Zoning Ordinance, it appeared to Staff that this matter needed Council interpretation. Staff therefore asked Paster Enterprises and their prospective tenant, Zoomania to send representatives to the October 21, 1997 meeting of the City Council to discuss whether or not a Pet Store would be allowed at Mendota Plaza. Background The B-4 Shopping Center District zoning description reads in part as follows: 18.5 PERMITTED USES Within the B-4 Shopping Center District, no structure or land shall be used except for one (1) or more of the following uses. 18.5(1) `B-2", Neighborhood Business District Uses as permitted in Section 16. 1, but not limited in scale to serving residents of the surrounding area although otherwise regulated as specified except as hereinafter modified. While Pet Shops are not specifically listed as Permitted or Conditional Uses in the B-4 zone, the above Section 18.5(1) leads us to the B-2 Zoning Description, which reads in part as follows: 16.1 PERMITTED USES Within any `B-2", Neighborhood Business District, no structure or land shall be used except for one (1) or more of the following uses, or uses deemed by the City Council in its discretion as substantially similar to uses listed herein. Once again, Pet Shops are not listed as a Permitted or Conditional Use within the B-2 zone, although the language in Section 16.1 implies that the Council may allow them if appropriate. Paster Enterprises is requesting that the Council make the determination that a Pet Shop would be "substantially similar" to those uses listed as Permitted within the B-2 zone. Pet Shops are listed as a Permitted Use within the B-3 zone, as shown: 17.1(16) Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building or the operating so as to cause an offensive odor or noise. Paster Enterprises have said that they would abide by the restrictions on pet shops in Section 17.1(16). Council Options The Council may choose one of the following options: 1. Determine that Pet Shops, under the restrictions in Section 17.1(16), are substantially similar to those uses listed as permitted in B-2, and thus would be allowed in B-4. 2. Determine that Pet Shops are not substantially similar to permitted uses in B-2 and thus prohibit them within the B-4 zone. 3. ' Determine that Pet Shops should be a Conditional Use of either B-2 or B-4 and refer the matter to the Planning Commission. Please see the attached letter of request from Paster Enterprises and the relevant Sections of the Zoning Ordinance. Representatives of Paster Enterprises and Zoomania will be present at the October 21, 1997 meeting of the City Council to discuss this request. Council Action Required Discuss the request for permission to put a pet shep in Mendota Plaza with representatives of Paster Enterprises and Zoomania. Provide direction to Staff as to how to proceed. SECTION 16. "B-2" NEIGHBORHOOD BUSINESS DISTRICT Within any "B-2", Neighborhood Business District, no structure or land shall be used except for one (1) or more of the following uses, or uses deemed by the City Council in its discretion as substantially similar to uses listed herein. 16.1(1) Antique or gift shop. 16.1(2) Appliance store. 16.1(3) Art and school supply store. 16.1(4) Auto accessory store. 16.1(5) Bakery good sales and baking of goods for retail sales on premise. 16.1(6) Banks and banking institutions without drive-in facilities. 16.1(7) Barber Shop. 16.1(8) Beauty shop. 16.1(9) Bicycle sales and repair. 16.1(10) Book, office supply and stationery store. 16.1(11) Candy, ice cream, popcorn, nuts, frozen dessert and soft drink shop but not of the drive- in type. 16.1(12) Camera and photographic supply store. 16.1(13) Clothing store. 16.1(14) Computer sales and service store. 16.1(15) Day care center. 16.1(16) : Delicatessen and/or dairy store. 16.1(17) Drug store. 16.1(18) Dry cleaning and laundry pick-up stations including incidental pressing and repair. 16.1(19) Gift and/or greeting card store. 16.1(20) Grocery or convenience store. 16.1(21) Hardware store. 16.1(22) Hobby store including handicraft classes not to exceed ten (10) students. 16.1(23) Jewelry sales and repair store. 161(24) Laundromat of the self-service type. 16.1(25) Library. 16.1(26) Newsstand 16.1(27) Offices. 16.1(28) Paint, wallpaper sales. 16.1(29) Photographic studio. 16.1(30) Pipe and tobacco shop. 16.1(31) Record shop. 16.1(32) 'Traditional restaurant cafe, tea room, with no drive-in or fast food facility. 16.1(33) Shoe sales and repair. 16.1(34) Small appliance repair shop. (401) 68 16.1(35) Sporting goods store, excluding the sale of firearms of any variety or ammunition. 16.1(36) Variety store. 16.1(37) Videotape rental store. Within any "B-2", Neighborhood Business District, no structure or land shall be used for the following uses except by conditional use permit 16.2(1) Theaters, but not of the drive-in type. 16.2(2) Private lodges and clubs. 16.2(3) Accessory structures other than private garages. 16.2(4) Essential service structures. 16.2(5) Animal Hospital (Veterinary Clinic). As used hereunder the term "Animal Hospital: or Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which includes the kenneling of such animals. Any conditional use permit for an Animal Hospital (Veterinary Clinic) shall be subject to the following conditions: 16.2(5)a - No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted To achieve noise control, the facility shall be of masonry construction with outside walls at least 8" thick, and with a precast concrete roof. 16.2(5)b Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air conditioning system may be required, with windows double glazed with fixed sash. 16.2(5)c An approved system shall be provided for the storage and disposal of dead animals off the premises. 16.2(5)d Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted 16.2(5)e When abutting a residential district, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the "R" District. (401) 69 16.2(5)f Hours at which the facility will be open to the public for the receiving and pick-up of animals shall be approved by the City Council to insure compatibility with surrounding land uses. 16.2(5)g Off-street parking facilities shall be provided, of at least the ratio required for professional offices under Section 21.1(4)q of the Zoning Ordinance of one space for each two hundred (200) square feet of floor area in the building. 16.2(5)h An Animal Hospital may include alive -in facility to permit a staff member to be on the premises 24 hours per day. Such facility shall be limited to 620 square feet of floor space and shall not be designed to serve as a "single-family residence" as hereinbefore defined in this Ordinance. 16.2(6) The sale and servicing of heating equipment, air conditioning equipment and electrical appliances provided that there shall not be more than six persons employed upon said premises in the repair or servicing of said equipment or appliances. 16.2(7) Motor fuel stations and motor fuel station convenience stores, subject to the provisions of Section 21.2.' 16-2(8) Automatic Teller Machines (ATMs), banks and banking institutions with drive-in facilities? 163 PERMITTED ACCESSORY USES Within any "B-2", Neighborhood Business District, the following uses shall be permitted accessory uses. 16.3(1) Private garages, off-street parking and loading spaces as regulated in this Ordinance. 16.3(2) Signs as regulated by this Ordinance. 16.3(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. 16.3(4) Fences as regulated by this Ordinance. 16.3(5) Decorative landscape features. 16.3(6) Any incidental repair or processing necessary to conduct a permitted principal use. Added by Ordinance No. 306, adopted April 16, 1996 'Added by Ordinance No. 306, adopted April 16, 1996 (401) 70 163(7) Any incidental repair, processing or storage necessary to conduct a permitted principal use shall not occupy more than twenty (20) percent of the gross floor area of the principal building. 16A LOT AREA, HEIGHT. LOT WIDTH AND YARD REOUMA I '- 16.4(1) No structure or building shall exceed three (3) stories or thirty (30) feet'whichever is less in height except as provided in Section 23 of this Ordinance. 16.4(2) The floor -area -ratio within the "B-2" Use District shall not exceed 0.5. 16.4(3) The following minimum requirements shall be observed subject to additional _ requirements, exceptions, and modifications as set forth in this Section and Section 23. Lot Lot Front Side Rear Height Width Area Yard Yard Yard 1,2& 100$. 20,000 30 & 15 feet 30 feet 3 story square or equal feet to height of structure, whichever is greater 16.5 General Requirements as specified in Section 4.17 of this Ordinance. 16.6 Landscaping and screening requirements as specified in Section 4.17 of this Ordinance. (401) 71 SECHON 17. "B-3" GENERAL BUSINESS DLSMCT Within any "B-3", General Business District, no structure or land shall be used except for one (1) or more of the following uses„ or uses deemed by the City Council in its discretion as sully similar to uses listed herein» M 11 •i Business :11 t "B-2-, Neighborhood Business / •• .•.aspermitted in Section 16.1 • t not limited in scale to servingresidentsof the to • t • } • area although otherwise regulated and specified except as hereinaftier modified. Automobile and • t .+ } ., of transportation .; 1 et conducted entirely } } building. 17.1(3) Auto repent (minor), when conductedd entirely within a building_. _ 171(4) Boats and marine salts when conducted catirely within a budding. 17.1(5) 16- • 111tT..—. r L•rt 1 1 1..� t t t +t t IIAY t tl rl a.•t 11 .MI It .111 .1 • • �M +rI t `t i +f It :! r t ! iR } .}} i ! r •t t i t} t} i } } :. f :Ft r it I ;tI t :I ttt t ♦ t, it t t •t t t tt ii f! t rt � i r i / rt/ } • �! Furniture sales. :! t rl :*{it ! " tt ii f " t.+i ♦i }.} LM +t rtttt FF F :tt r/ iw a t v1lt Medical and denial clinics. 17.1(12) Motels, motor hotels and hotels, provided the site shall contain not less than six hundred (600) square feet of lot area per living or rental unit. 17.1(13) Newspaper and publishing office. 17.1(14) Office buildings. 17.1(15) Optical and jewelry manufacturing provided the operation is not located within the front sixty (60) feet of the first floor. (402)72 17.1(16) Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building or the operating so as to cause an offensive odor or noise. 17.1(17) Photographic supplies and processing of film and prints. 17.1(18) Pysical culture and health studio. 17.1(19) Picture framing. 17.1(20) Printing shop. 17.1(21) Radio and television repair. 17.1(22) Rugs and floor coverings sales. 17.1(23) Seat cover, upholstery or drapery shop. 17.1(24) Wholesale office and showroom. Within any "B-3", General Business District, no structure or land shall be used for the following uses except by conditional use permit 172(1) "B=1", Limited Business and "B-2", General Business District Conditional Uses. 172(2) Armories, convention halls, sport arenas and stadiums. 172(3) Bowling alleys, billiard and pool rooms, skating rinks, liquor stores, fratemal organizations and similar uses, provided the structure in which the use is conducted shall not be located within one hundred (100) feet of any "R" District. 17.2(4) Bus terminals. 172(5) Business or trade school when conducted entirely within a building. 1720 Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop, provided they do not employ more than six (6) persons in repair or processing. 17.2(7) Stone and monument sales. 172(8) Television and radio stations and transmitting towers. 172(9) Accessory structures, other than private garages. (401) 73 17.2(10) Animal Hospital (Veterinary Clinic). As used hereunder the term "Animal Hospital" or "Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which excludes the kenneling of such animals except for the time period necessary to provide medical care therefor. Any conditional use permit for an Animal Hospital (Veterinary Clinic) shall be subject to the following conditions: _ 17.2(10)a No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted. To achieve noise control, the facility shall be of masonry construction with outside walls at least 8" thick, and with a precast concrete roof. 17.2(10)b Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air conditioning system may be required, with windows double glazed with faced sash. 17.2(10)c An approved system shall be provided for the storage and disposal of dead animals off the premises. 17.2(10)d Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted. 17.2(10)e When abutting a residential district, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the M7 District. 17.2(10)f Hours at which the facility will be open to the public for the receiving and pick-up of animals shall be approved by the City Council to insure compatibility with surrounding land uses. 17.2(10)g Off-street parking facilities shall be provided, of at least the ratio required for professional offices under Section 21.1(4)q of the Zoning Ordinance of one space for each two hundred (200) square feet of floor area in the building. 17.2 11 Motor fuel stations and motor fuel station convenience stores, subiect to the provisions of Section 21.2.' 'Added by Ordinance No. 307, adopted April 2, 1996 (401) 74 Within any "B-3", General Business District, the following uses shall be permitted accessory uses. 17.3(1) . Private garages, off-street parldng and loading spaces as regulated in this Ordinance. 17.3(2) Signs as regulated by this Ordinance. 17.3(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. 17.3(4) Fences as regulated by this Ordinance. 17.3(5) Decorative landscape features. 17.3(6) Any incidental repair or processing necessary to conduct a permitted principal use. 17.3(7) Any incidental repair or processing necessary to conduct a permitted principal use shall not occupy more than twenty (20) percent of the floor space of the principal building. 17.4 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 17.4(1) No structure or building shall exceed two (2) stories or thirty (30) feet whichever is the less except as provided in Section 23 of this Ordinance. :- 17-4(2) 17.4(2) The minimum lot area shall be twenty-five thousand (25,000) square feet. 17.4(3) The floor -area -ratio shall not exceed 0.5. 17.4(4) Wherever a'B-3", General Business District, abuts or is across the street from -an "R" District, a fence or compact evergreen screen not less than fifty (50) percent opaque nor less than six (6) feet in height except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, in height, shall be erected and maintained in the front portion of the lot or along the side or rear property line that abuts the "R" District. (401)75 17.4(5) The following minimum requirements shall be observed subject to additional requirements, exceptions, and definitions as set forth in this Section and Section 23. Front Yard 30 feet Front yard abutting a major thoroughfare 100 feet Lot Width 150 feet Side Yard Adjacent to Street 30 feet Adjacent to "R" District 75 feet Interior 30 feet Rear Yard 30 feet Rear yard adjacent to "R" District 75 feet 17.5 - General Requirements as specified in Section 4.17 of this Ordinance. 17.6 Landscaping and screening requirements as specified in Section 4.17 of this Ordinance. (401) 76 SECTION 18. "134" SHOPPING CENTER DISTRICT : ' Jt_' 1 The purpose of this district is to establish provisions for the designating of a district where a multiple building retail sales and service facility can be erected with integrated design and a coordinated physical plan, which is appropriately located. Such district shall be developed as a Planned Unit Development according to an approved plan as provided below. • �► The owner or owners of any tract of land in the B4 District comprising an area of not less than ten (10) acres of land and five hundred (500) feet of frontage may submit to the Administrator a plan for the use and development of all or part of such tract for the purposes of and meeting the requirements set forth in this Section. The proposed plan shall be referred to the Planning Commission for study and report. The Planning Commission shall transmit to the Council their findings and recommendations for consideration and action. s : �_ � u I IU Y: � Y � ► In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership or under the management or supervision of a central authority. 1111111,14 31013191 18.4(1) The physical design may include more than one building. However, should such buildings provide an open space between two buildings, said space shall not be less than one-half (1/2) the sum of the heights of the two buildings. 18.4(2) No building shall be nearer than sixty (60) feet to any lot except when abutting or across the street from an W District; no building shall be less than one hundred (100) feet from such lot lines. 18.4(3) The design shall include adequate internal circulation drives not less than twenty-two (22) feet in width which are exclusive of the required parking area. 18.4(4) The driveway curb cuts to the development shall be approved by the City Engineer. 18.4(5) No building shall exceed three (3) stories or thirty-five (35) feet whichever is less. 18.4(6) Parking off-street, loading and sign requirements shall be in conformance with this Ordinance. (401) 77 18.40 The entire area shall be landscaped or occupied by buildings or structures or parking areas so treated as to control dust Should the development be undertaken in stages, all of the area included in the various stages constructed or to be constructed at that time shall be developed in accordance with the Planned Unit Development Section of this Ordinance. 18.4(8) A drainage plan shall be designed and approved for the entire area with such on-site underground construction as determined by the City. 18.4(9) All buildings shall be finished on all exterior walls with the same material. 18.4(10) There shall be no outside sales and storage. 18.4(11) The floor -area -ratio shall not exceed 1.0. 18.4(12) Lot coverage of buildings shall not exceed twenty-five (25) percent of the lot area. Within the "B-4", Shopping Center District, no structure or land shall be used except for one (1) or more of the following uses. 18.5(1) "B-2", Neighborhood Business District Uses as permitted in Section 16.1, but not limited in scale to serving residents of the surrounding area although otherwise regulated as 'specified except as hereinafter modified 18.5(2) Bank. 18.5(3) Department store. 18.5(4) Five and ten store. 18.5(5) Florist store. 18.5(6) Furniture store. 18.50 Library. 18.5(8) Music store. 18.5(9) Photographic supplies and processing. 18.5(10) Physical cultures or dance studio. (401) 78 18.5(11) Post office. 18.5(12) " Theaters, not including the drive-in type. 18.6 CONDMONAL USES Within any "B-4", Shopping Center District, no structure or land shall be used for the following uses except by conditional use permit. 18.6(1) Motor fuel stations subject to the requirements of Section 21.2 of this Ordinance. 18.6(2) Rental units on a motor fuel station. 18.6(3) Essential service structures. 18.6(4) Accessory structures. 18.6(5) Liquor store as regulated by other City Ordinances. 18.6(6) Single bay car wash attached to motor a fuel station. 18.6(7) Motel and motor hotels. 18.6(8) Automatic vending devices not enclosed in a structure. 18.6(9) -Newspaper and/or magazine stand. 18.6(10) Drive-in and fast food restaurants subject to the provisions of Section 21.3 of this Ordinance. 18.6(11) Advertising signs as regulated in Section 21.7(3) of this Ordinance. 18.7 PEEMIMD ACCESSORY USES Within any "B-4", Shopping Center District, the following uses shall be permitted accessory uses. 18.7(1) Private garages, off-street parking and loading spaces as regulated in this Ordinance. 18.7(2) Signs as regulated by this Ordinance. 18.7(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. (401) 79 18.7(4) Fences as regulated by this Ordinance. 18.7(5) Decorative landscape features. 18.7(6) Any incidental repair or processing necessary to conduct a permitted principal use. 18.7(7) Any incidental repair or processing necessary to conduct a permitted use shall not exceed more than twenty (20) percent of the floor space of the principal building. 18.8 LOT AMA. HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 18.8(1) In the case of a comer lot, each side abutting a public street shall be treated as a front yard. 18.8(2) Minimum requirements shall be observed subject to additional execution and definitions as set forth in this Section and Section 23. 18.9 18.10 Minimum Lot Area Lot Width Front yard Abutting "R" District Side Yard Abutting "R" District Rear Yard Abutting to "R" District Maximum Height 10 Acres 500 feet 100 feet 150 feet 100 feet 60 feet 100 feet - 3 stories or 35 feet whichever is less General Requirements as specified in Section 4.17 of this Ordinance. - Landscaping and screening requirements as specified in Section 4.17 of this Ordinance. (401) 80 DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS CAW& wjrhy• 2227 University Ave. • St. Paul, MN 55114-1677 • 612-646-7901 • Fax 612-646-1389 ..Q CENTRAL PLAZA 45th & Central Ave. N.E. Minneapolis, Minnesota October 10, 1997 CRYSTAL SHOPPING CENTER Mr. Patrick Hollister Bass Lake Road & West Broadway City of Mendota Heights Crystal, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 DODDWAY SHOPPING CENTER Smith & Dodd Road Re: Specific Zoning Use Regulations West St. Paul, Minnesota Dear Mr. Hollister LEXINGTON PLAZA SHOPPES Lexington & Larpenteur As we have previously discussed, my client, Mendota Mall Associates, LLP, Roseville, Minnesota desires to locate a pet shop at Mendota Plaza Shopping Center. SIBLEY PLAZA They call the business "Zoomania," and is operated by Brian T. & Kay M. West 7th Street & Davem St. Paul, Minnesota Doughty. MENDOTA PLAZA boarding of pets, the existence of outside pens or cages or the creation of State Hwy. 110 & Dodd Road offensive odor or noise. Of course, the business we propose would abide by all Mendota Heights, Minnesota As I review the applicable zoning, I note that Mendota Plaza Shopping Center SOUTHVIEW SHOPPING CENTER is zoned B4, which is a "Specific Zoning Use" designation. B4 zoning contains Southview Blvd. & 13th Ave. S a "Permitted Use: B2 Neighborhood Business District Uses," as permitted in South St. Paul, Minnesota Section 16.1. Section 16.1 contemplates Uses deemed by the City Council in Hwy.10 & LongIEW SQUARE Hwy. 10 &Long Lake Road its discretion, and is substantial) similar to Uses listed therein. Pet shops are � y p Mounds View, Minnesota found as a "Permitted Use" in Section 17b3, and appear to be a Use which is substantially similar to the Uses contemplated in Section 16.1. Certain B3 Uses overlap with the existing B4 Uses, such as physical culture and health studios. In addition, many B3 Uses have been historically recognized by the City as NORTHWAY SHOPPING CENTER State Hwy. 23 & Woodland appropriate in the Shopping Center setting. For example: locksmiths, furniture Circle Pines, Minnesota sales, dental clinics, optical stores, etc. We believe the Pet Shop Use falls into the category of substantially similar Uses, and would ask the City to affirm our determination. SIBLEY PLAZA We note that the "Pet Shop Permitted Use" incorporates the necessary West 7th Street & Davem St. Paul, Minnesota safeguard to protect the public health and welfare, such as the prohibition of boarding of pets, the existence of outside pens or cages or the creation of offensive odor or noise. Of course, the business we propose would abide by all of these conditions. Because time is of the essence for our prospective Tenant, SOUTHVIEW SHOPPING CENTER we would appreciate the City's earliest determination in regards to this matter. Southview Blvd. & 13th Ave. S South St. Paul, Minnesota If you have any questions or require any additional information, please do not hesitate to call me at (612) 646- 0891. Sincerely, David Feinwach Attorney at Law DF/jla CITY OF MENDOTA HEIGHTS FN October 16, 1997 TO: Mayor, City Council and City Admirt'W'or FROM: John P. Maczko, Fire Chief SUBJECT: Radio Purchase ,,- DISCUSSION As you are aware, the Fire Department has on order a pumper truck- that is scheduled for delivery in late 1997. The truck has recently been delivered to General Safety for pump installation and body fabrication. When bid specifications were originally drawn up, there was a request that no additional equipment be purchased with the truck other than that which was necessary to come from the manufacturer. The bid specifications required the manufacturer to install a customer supplied radio. The purpose of this memo, therefore, is to seek authorization to purchase a radio for the new truck, and have it shipped to General Safety for installation. I have received three bids for the purchase of this radio, they are as follows: Ancom Communications $4,876.00 Granit Electronics $5,211.00 Duluth/Superior Communications $5,965.00 At the time the new truck was purchased, it was anticipated that equipment would be moved from the trucks to be sold to equip the new truck (see attached minutes). The radios in the old trucks would be scheduled for replacement within a year or two, and we felt we should purchase a new radio at this time. The new radio was not budgeted in either the equipment budget or the operating budget. It could be added to the Equipment Certificates, charged to Capital Outlay, or the equipment replacement fund. RECOMMENDATION It is my recommendation that we award the bid to Ancom Communications for their bid price of $4,876.00. Since this piece of equipment is going on the new truck, no sales tax will apply. ACTION REQUIRED Council should authorize staff to proceed with the purchase and determine funding source. Page No. 4 June 4, 1996 HEARING - LIQUOR LICENSE Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Heritage Inn for renewal of its Limited Service Hotel On -Sale and On -Sale Sunday liquor licenses. Council acknowledged a memo from the City Clerk regarding the renewal application. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to approve the issuance of renewal Limited Service Hotel On -Sale and On -Sale Sunday Liquor Licenses for the Heritage Inn. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 FIRE TRUCK Council acknowledged a memo from Fire Chief Maczko regarding the Fire Truck Committee's evaluation of the bid received from General Safety Equipment for a 1500 GPM Pumper. Mayor Mertensotto stated that his only question is that he believes when the truck was first discussed, the estimated cost of $328,000 was much lower than the bid. Chief Maczko responded that if the committee recommendation is accepted, the cost will be $375,000 less the trade-in of two existing trucks, and that the original estimate during the budget process was $350,000 with an estimated trade-in value of $22,000. Councilmember Krebsbach asked if the bid is for a full -response cab. Chief Maczko responded that the committee recommendation was not to go with the full response cab because there are already two in the department. He explained that the committee recommends two options and the manufacture has recommended that the steel tank with a ten year warranty be upgraded to a polypropylene tank which would be covered by a lifetime warranty. The cost for the option is $1,000. He recommended that the bid be accepted at $375,662 less trade-in amounts of $14,500, but that Council authorize staff to Page No. 5 June 4, 1996 advertise for the sale of the 1960 and 1970 pumpers to hopefully sell them for more money than the trade-in value. Mayor Mertensotto stated that when people look for used equipment there is a certain amount of representation made, and that he would prefer that the city not attempt to sell the vehicles so that there are no future problems should another city buy them and later say that the city made a misrepresentation. He also pointed that the original discussion was on a 65 to 75 foot telescoping water tower/ladder, but the bid is for a 65 foot unit. He asked whether that is sufficient. Chief Maczko responded that the department has had a sixty-five foot device available for demonstration and feels that it meets the city's needs. He stated that a 75 foot device was an option in the specification because many vendors do not bid 65 foot units. He explained that the 65 foot device will serve 80% of the structures in the city, and mutual aid would be used for the other 20%. He stated that a truck that would carry a 75 foot ladder would cost about $400,000. He informed Council on the equipment that is available to the city under the mutual aid contracts. Mayor Mertensotto pointed out that the truck will be in service for 20 to 25 years, and he would hate to have the fire department come back in ten years and say that it needs a 75 foot ladder. He further stated that it appears that the 65 foot unit appears to be more than adequate given the availability of mutual aid. Responding to a question from Councilmember Smith, Chief Maczko stated that with the new truck the department will be able to reach the roofs of the city's apartment buildings and in most cases will be able to reach the third floor balconies of the apartment buildings in Lilydale. Mayor Mertensotto stated that Council had requested that delivery be after September, 1997 so that there would not be the need to issue equipment certificates until the following year. Councilmember Krebsbach asked if the aerial ladder is a boom device that fire fighters would go up in. Chief Maczko responded that it is a ladder, and that while there are some trucks that have platforms this one does not. He explained that it is a hydraulic extension ladder that does not need to rest on a building and would have a snorkel. Page No. 6 June 4, 1996 Responding to a question from Mayor Mertensotto regarding how much equipment the fire department will be requesting for the truck after it is received, Chief Maczko stated that the truck will be equipped with a generator and that other pieces of equipment for the truck will be taken off of existing trucks. Councilmember Smith moved to adopt the fire department y. recommendation and accept the bid from General Safety Equipment, authorizing staff to prepare a purchase order for the 1500 GPM Pumper with 65 foot telescopic water tower/aerial ladder for its bid of $375,662 (including the base bid plus bid options 2 and 3 and the manufacturer's recommended option for tank upgrade), less trade-in amounts of $14,500 for the 1960 and 1970 pumpers. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96-13, GUMBRILL Council acknowledged an application from Ms. Dorothea Gumbrill for approval of a modified critical area site plan to allow replacement of a damaged fence at 1133 Cascade Lane. Ms. Gumbrill was present for the discussion. Responding to a question from Councilmember Krebsbach, Public Works Director stated that the fence height meets the city code, which allows six foot fences in the rear yard and side yards behind the front setback line. Ms. Gumbrill informed Council that her neighbors are aware of her desire to replace the fence and are happy because the existing fence is in poor condition. Councilmember Krebsbach moved to approve the modified critical area site plan for fence replacement at 1133 Cascade Lane and to waive the application fee. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96-13, SCHOMMER Council acknowledged an application from Mr. Mel Schommer for a ten foot variance from the rear yard setback requirement to allow construction of a sun room addition to the rear of their home at 1024 Victoria Court. Council also acknowledged associated staff reports. Mr. Schommer was present for the discussion. Mayor Mertensotto pointed out that the Schommer home is set back much farther from the front property line than neighboring homes. WIWVAM• u 1 ►I 1 I I.1 !� October 16, 1997 To: Mayor and City Council From: Kevin Batchelder, City Admj�r Subject: Proposed Resolution to Metropolitan Council Regarding Concept Plan by Hoffman Homes At the September 2, 1997 meeting, the City Council considered a Concept Plan by Hoffman Homes to develop sixty (60) town home units on forty (40) acres of land on Resurrection Cemetery property west of Lake Augusta and north of Lake Lemay. It has recently come to the City's attention that the Metropolitan Council's updated Aviation Guide Plan considers this property to be in Noise Zone 3, which considers residential development to be an inconsistent land use. To approve the proposed development, a Comprehensive Plan amendment approval by the City of Mendota Heights would be necessary to change our guide plan map from Cemetery to Residential. This amendment would then be reviewed by the Metropolitan Council for consistency with the Aviation Guide Plan, and all their other regional development guidelines. The City Council desired to avoid expenditures of public and private resources and time on processing an application for a Planned Unit Development without a ruling from the Metropolitan Council. City Council felt it was important for the Metropolitan Council to provide instructions and informational guidelines about this potential Comprehensive Plan amendment. The Council reserved any judgements about the planning merits of the proposed concept plan. On September 24,1997, a sub -committee consisting of Mayor Mertensotto, Councilmember Jill Smith, Mike Dwyer, Planning Commission Chair, Joe Leuman; Airport Relations Commission Vice -Chair, James Danielson, Public Works Director and myself met to discuss the Aviation Guide Plan. On October 9, 1997, this sub -committee met with Hoffman Homes representatives to share concerns about land use and air noise zones. The outcome of the sub -committee's efforts was that the City Council would consider a proposed resolution authorizing Hoffman Homes to independently approach the Metropolitan Council to seek instructions, guidelines and specific information about a proposed Comprehensive Plan amendment that would be necessary to accommodate the development. (Please see attached proposed resolution.) Consider the attached proposed resolution. If the Council so desires, they should pass a motion approving Resolution No. 97-_, A RESOLUTION REQUESTING INSTRUCTIONS AND INFORMATIONAL GUIDELINES FOR A COMPREHENSIVE PLAN AMENDMENT TO FACILITATE A PROPOSED RESIDENTIAL HOUSING DEVELOPMENT. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION REQUESTING INSTRUCTIONS AND INFORMATIONAL GUIDELINES FOR A COMPREHENSIVE PLAN AMENDMENT TO FACILITATE A PROPOSED RESIDENTIAL HOUSING DEVELOPMENT WHEREAS, Hoffman Homes, Inc. has undergone a pre -application conferences with the City of Mendota Heights' Planning Commission and City Council for a 60 unit town home project, said proposed development to be located at the southeast comer of the State Hwy. 55 and State Hwy 110 intersection on excess cemetery property; and WHEREAS, the City of Mendota Heights' Comprehensive Plan would need to be amended from Cemetery to Residential to accommodate the proposed development; and WHEREAS, the proposed development would potentially address Metropolitan Council goals for the Livable Communities Act for life cycle housing and density benchmarks; and WHEREAS, the proposed development appears to be in conflict with the Metropolitan Council's Aviation Guide Plan's land use compatibility guidelines adopted in December 1996;. and WHEREAS, both the City of Mendota Heights and Hoffman Homes desire to avoid costly expenditures of public and private resources associated with further reviews of the proposed development until the Metropolitan Council has had the opportunity to provide instructions and informational guidelines for a proposed Comprehensive Land Use Plan amendment from Cemetery to Residential as appropriate for the development. NOW, THEREFORE BE IT HEREBY RESOLVED that the City of Mendota Heights makes a formal request of the Metropolitan Council to provide specific information for a proposed Comprehensive Plan amendment that would be necessary to accommodate the development. BE IT FURTHER RESOLVED that Hoffman Homes is hereby authorized to independently meet with Metropolitan Council representatives and to provide all requested background information. Adopted by the City Council of the City of Mendota Heights this 21st day of October, 1997. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor Metropolitan Council Working for the Region, Planning for the Future Date: August 14, 1997 40 6 To: Minneapolis -St. Paul International Airport Area Communities., 1,9 Minneapolis, St. Paul, St. Louis Park, Edina, Richfield, Mendota, •�'�� Lilydale, Mendota Heights, West St. Paul, Sunfish Lake, Eagan ''•.,� Bloomington, Burnsville, Inver Grove Heights. . From: Chauncey Case - Transportation Planning (602-1724) cc Tom Caswell, Carl Schenk, John Kari, Rick Gelbmann Subject: . MSP Noise Policy Area Map In December 1996 the Metropolitan Council adopted a. revised Aviation Development Guide Chapter. A new Noise Policy Area for MSP International airport was included in the Aviation Guide and aviation System Statements were transmitted to the affected communities. Attached for your use is a copy of the Geographic Information System map depicting the MSP noise policy area. Additional copies of this map are available by calling me. An explanation of the noise policy area, and the associated aircraft noise contours, can be found in the December, 1996 Aviation -Guide Chapter starting on page 66. Information on application of the noise policy area can also- be found in the Aviation Guide in the section on Land Use Compatibility Guidelines for Aircraft Noise (see page 61). The noise policy area for MSP includes both the Corrective and Preventive land use compatibility measures. The noise policy contours for the existing runways are the same as those used for the currently approved F.AR Part -150 program. The MSP noise policy area is an overlay zone that should be included in the local community comprehensive plan update for December 1998. Application of these noise zones and associated land use compatibility guidelines should be reflected in the community land use plan and in local codes and ordinances. Minneapolis - Saint Paul International Airport ■ FAR Part 150 Study OPTION 1 "ORIGINAL" 1996 CONTOUR (Suhmitted to the FAA in Part 150 Update, March 1992) 1996 Ldn Contours 0 4 8 Thousand Scale Feet S 3 LA 0z 2- System Implementation Procedures ft uidelines For Content and Preparation of a Long -Term Comprehensive Airport Plan Planning Context The long -terns comprehensive airport plan (LTCP) is intended to integrate all information pertinent to planning, developing and operating an airport in a manner compatible with its surrounding environs. This document is to be prepared according to the procedure and priority schedule described below, and reassessed every five years thereafter. The plan content guidelines apply to major, intermediate and minor airports. Therefore, some flexibility for differences in emphasis or level of detail on certain plan elements will be necessary. Plans should be reassessed periodically and updated when necessary. The reassessment involves reviewing the prior forecasts against actual airport activity, checking the progress of implementation efforts (e.g. individual project planning, EIS's and capital program), and identifying any other issues or changes that may warrant continued monitoring, interim action or establish a need for a plan update. The LTCP does not replace any other planning or reporting requirements of another governmental unit. The scope and emphasis of a long-term comprehensive airport plan should reflect the airport's system role and the objectives for each plan content category as described below. Table 5 SCHEDULE FOR PREPARINGIUPDATING LONG-TERM COMPREHENSIVE AIRPORT PLANS Airport Status 5 -Year Update Minneapolis -St. Paul International Airport Plan -Reviewed 1996 2001 >t. Paul Downtown Plan Reviewed -1992 1997 Airlake Updated Plan Review Anticipated -1997 2002 Anoka County - Blaine -r Updated Plan Review Anticipated - 1997 2002 Crystal Updated Plan Review Anticipated - 1997 2002 Flying Cloud Plan Reviewed -1996 2001 Lake Elmo Plan Reviewed -1994 1999 South St. Paul Municipal Update Recommended - 1996 2001 Plan Content Airport Development Objective: To portray the type and location of airport physical and operational development in a systematic fashion, reflecting both the historical and forecast levels of unconstrained aviation demand. The plan should include: • Background data including a description of previous planning studies and development efforts. Each item described should contain a synopsis of pertinent dates, funding source(s), objectives and results. It should also include an overview of historical and forecast aviation activity (number of based aircraft, aircraft mix, number of annual aircraft operations) and the demand compared to the capacity of existing and proposed facilities. • An airport map showing land use areas, by type, within the airport property boundary or under airport control. Map(s) showing airport development phasing based upon key demand and capacity levels. A description of facilities staging, by phase, for specific land -use areas. A copy of the current FAA -approved airport layout plan map with associated data tables as described in FAA AC 150/5070-6. 40 � A/MIGH METROPOLITAN DEVELOPMENT GUIDE December 1996 Airport and Airspace Safety Objective: To identify planning and operating practices required to ensure the safety of aircraft operations and protect the regional airspace resource. The plan should include: • An airport map depicting the airport zoning district, land -use safety zones and a description of the associated airport zoning ordinance as required under Minn. Stat. 360.061-360.074 and defined in Minn Rules, Sec. 8800.2400. This map should contain appropriate topographical reference and depict those areas under aviation easements. • An airport area map showing the FAA FAR Part 77 airspace surfaces, including an approach and clear zone plan as described in FAA AC150/5070-6. • A map of aircraft flight tracks depicting the local aircraft traffic pattern and general description of operating parameters in relation to the physical and operational development phase of the airport Airport and Aircraft Environmental Capability Objective: To define aviation impacts and measures needed to meet both social and natural environmental needs of the region. The plan should include: • Aircraft on -ground and overflight activities described within an historical and forecast context, including seasonal and daily traffic. Maps of aircraft noise impact areas depicted by contours of noise levels for annualized and single -event aircraft activity. Description of noise abatement operations measures, identifying those evaluated and those adopted. • Description of abatement measures and proposed strategy for off -airport land uses affected by aircraft noise, including recommended priorities and identification of parties responsible for implementation. • Description of aircraft, ground vehicle and point -source air pollution emissions within a historical and forecast context, including definition of the seasonal and daily operating environment. Identify existing and potential air-quality problem area(s). • Description and map of existing drainage system including natural drainageways and wetlands by type. Provide map and description of proposed surface water management plan for water quantity and quality including proposed facilities, storage volumes, rates and volumes of runoff from the site, and pollutant loadings associated with planned airport site facilities that could affect surface water quality. Proposed mitigation measures and facilities (during construction and long term) to avoid off-site flooding and minimize polluting of surface waters. A description of measures to mitigate the potential impact or compensate for the loss or alteration of wetlands. • Description of the types of potential groundwater contaminants present on the site and proposed measures for the safe handling, storage and disposal of these substances to protect ground water, including a description of the Metropolitan Airports Commission's and private operators' roles for managing these materials. • Projection of the average annual volume of wastewater to be generated for the next 20 years by five year increments from terminals and operators and the proposed facilities (description and map) for handling and treating wastewater including public sewer service, private treatment plants and individual on-site sewage disposal systems. Include a description of the proposed management program for private facilities and the roles of the Metropolitan Airports Commission and private operators in implementing this program. • Description of recommended air, water and noise control plans, including monitoring programs. Compatibility with Metropolitan and Local Systems Objective: To identify demand and capacity relationships between airport and community systems and define a management plan for maintaining compatibility. The plan should include: • Description of historical and forecast ground vehicle traffic activities, including average and peak -flow characteristics on a seasonal, daily and peak hour bases. Map showing location of ground access points, parking areas and associated traffic counts. Definition of potential problem areas and plan for traffic management. µ. w Description of water supply, sanitary and storm sewer and solid waste systems. Definition of historical and forecast use levels and capacities. Depiction of locations where airport systems interface with local or regional systems. Identification of potential problem areas and the plan(s) for waste management. . Description of other airport service needs (for example, police and fire) that may require changes in agreements or type/levels of governmental and/or general public support. A/IAtIOM METROPOLITAN DEVELOPMENT GUIDE December 1996 Implementation StrateV Objectives: To establish the type, scope and economic feasibility of airport development and recommended actions to implement a compatible airport and community plan. The plan should include: • Description of the overall physical and operational development phasing needed over the [next] ten years. • A capital improvement plan to cover a ten-year prospective period. The first five years of the development plan should be project -specific, much like the present MAC plan, and the second five years of the plan, including projects of more than five years duration and new projects, may be limited to aggregate projections. Estimates of federal, state and local funding shares should be included for all projects included in the plans. • Identification of the planning activities needed for implementation of the comprehensive airport plan. Aviation System- Content Requirements for Local Comprehensive Plans Under the 1995 Metropolitan Land Planning Act, local governments are to prepare comprehensive plans and submit them to the Council to determine their consistency with metropolitan system plans. Each municipality in the metro area will review and, if necessary, update its' comprehensive plan, fiscal devices, and official controls by December 31, 1998, and at least every 10 years thereafter. Local comprehensive plans are to include land use and public facilities plans with sufficient information to determine the effects on departures from metropolitan systems plans. The public facilities plan should include an aviation element describing, designating and scheduling the location, extent, function, servicing and protection requirements of existing and proposed regional and local public and private aviation facilities. The Council is required to regularly re-evaluate regional system plans. In turn, the Council is to notify local governmental units of system changes, and indicate appropriate modifications to local comprehensive plans. To reduce confusion about what change in regional aviation plans directly affect individual local governments, metropolitan systems statements will clearly indicate which geographic areas and/or population groups will be most affected by the changes. In addition, the Council will transmit all system changes that occur in a calendar year as a single system statement. This means local governmental units can consider concurrently all system plan changes made during a 12 -month period.In updating their plans by the 1998 deadline, local governments are required to consider the metropolitan policy plans that are in effect on December 31, 1996. Described below are specific local plan content requirements that in many cases will be needed to demonstrate consistency with the revised aviation system plan. Also noted below are recommended, but nonmandatory, plan elements. Mandatory Elements • Adopted land -use compatibility guidelines for aircraft noise (note: the guidelines to be used are described in the next section of this document). , Map depicting aircraft noise zones of any adjacent airport(s) impacting the community. Identification of incompatible land use activities, recommended plan and strategy to remove incompatibility. Description of overlay zoning ordinance to be adopted for attenuation of aircraft noise: Description of local building codes as part of a strategy to implement noise attenuation overlay ordinance. • Maps depicting airport airspace zones and land use safety zones based upon federal and state criteria. Preparation of airport land -use safety ordinance (implies formation of, and participation on, joint zoning boardsin the case of MAC airports). • For communities sponsoring the development of an intermediate or major heliport, a heliport development plan must be prepared that evaluates alternative sites, land use impacts, access, safety zones, noise and other environmental concerns. The development plan is submitted for review to the Council along with notifications to the FAA and Mn/DOT. The Council's review of the development plan provides the basis for the community's comprehensive plan, amendment. • Identification of permanent private, and emergency -use airports and heliports allowed under local zoning and/or permit. • Map depicting permitted seaplane surface water use areas under Mn/DOT rules and regulations. Zoning ordinance for protection of special aviation facilities/functions in off -airport areas (including easement): for example, navigation or landing aids such as a VOR, ILS -Marker, enroute radar, approach lighting and beacons. 1 A"JWIGH METROPOLITAN DEVELOPMENT GUIDE December 1996 • Identification of all man-made strictures 500 feet above ground level (or office or residential buildings more then 10 stories high requiring emergency evacuation plan by helicopter). Local ordinance controlling height of structures allowed under conditional or special use permit within areas of the communities' general -airspace area and not included within an airport zoning district. Incorporation of Mn/DOT notification and reporting procedure for structures 250 or more feet above ground level at the site. • Integration of airport infrastructure and service requirement needs with local plans and facilities. Identification of sensitive land uses and activities, easements and effects on special districts. Also local financial and capital plans/services. Non Mandatory Elements • Identification of local participation process for input to aviation planning, development and promotion activities to be coordinated with affected agencies. • Airport -related economic development plan, including cost-sharing or other development tools and proposals for relating community to airport services in cooperation with airport owner, users and other affected governmental units. ' Land -Use Compatibility Guidelines Process In 1976, the legislature enacted the Metropolitan Land Planning Act. This act required that all local governmental units prepare a. comprehensive land -use plan and submit it for review by the Metropolitan Council. The aviation system content requirements for local comprehensive plans are described earlier in this document. In addition, land -use compatibility guidelines for aircraft noise have been adopted by the Council: These guidelines are to be used in local comprehensive plans/plan amendments. The following overall process and schedule should be used: • The Metropolitan Council will transmit the adopted revised aviation chapter to local governments affected by the metropolitan airports system as part of its next annual systems information statement. • Each community, within nine months after receipt of the systems statements, must review its comprehensive plan and determine if a plan amendment is needed to ensure consistency with the aviation chapter. If an amendment is needed, the community must prepare an amendment and submit it to the Metropolitan Council as required under the Metropolitan Land Planning Act • The Metropolitan Council reviews each local comprehensive plan amendment, and approves or requires a plan modification. The Council also reviews and comments on any proposed variance request or other interim measures, to address inconsistent land uses. • Each community and airport/heliport owner prepares a detailed implementation program to reduce, prevent or mitigate aircraft noise impacts on land uses that are inconsistent with the guidelines. The detailed program is prepared in conjunction with development of each long-term comprehensive airport/heliport plan. • The airport operator submits long-term comprehensive airport/heliport plans (including a strategy for implementing compatible land uses) to the Metropolitan Council for review and approval. • The. Metropolitan Council prepares a final report on a long-term program for implementing noise -control strategies on a system wide basis (1995). • The third set of guidelines pertain to heliport planning and development MJW10M METROPOLITAN DEVELOPMENT GUIDE December 1996 AIM- Compatibility Guidelines A significant airport environmental issue of public concern in the Twin Cities Area is the noise generated by aircraft takeoffs and landings. This element of the Aviation Chapter of the Metropolitan Development Guide includes guidelines communities around the airports should use to discourage incompatible land uses and encourage compatible ones. Three sets of guidelines are included in this section: • The first set guides land uses in communities around Minneapolis/St: Paul International Airport (MSP), and St. Paul Downtown Airport. MSP International and St Paul Downtown are currently operating as the major and intermediate airports, respectively, in the metropolitan airports system. Compatible land uses for these airports are summarized in Table 6. The land use guidelines apply to noise exposure zones 1 through 4 as described in the next section. • The second set of guidelines is for land uses around six minor airports in suburban and rural parts of the Twin Cities Area. Compatible land uses for these airports are summarized in Table 7. The guidelines apply to noise exposure zones A through D as described in the next section. • The third set of guidelines pertain to heliport planning and development. Table 6 Major & Intermediate Airports Land -Use Types / Noise Lcposure Zones Land -Use -New Development Infill - Reconstruction or Compatibility Major Redevelopment Additions to -Existing Structures Guidelines 1 2 3 4 1 2 3 4 Residential Single / Multiplex with INCO' INCO INCO COND COND COND COND COND Individual Entrance Multiplex / Apartment with INCO INCO INCO, COND COND PROV PROV PROV Shared Entrance Mobile Home INCO INCO INCO COND COND COND COND COND _Educational and Medical Schools, Churches, Hospitals, INCO INCO INCO _ `;OROV COND COND "COND PROV Nursing Homes Cultural, Entertainment, Recreational Indoor COND' COND COND PROV COND PROV PROV PROV Outdoor COND COND COND CNST COND COND COND CNST Office, Commercial, Retail COND PROVPROV I CNST PROV ! PROV J PROV CNST Services Transportation -Passenger COND PROV PROV CNST COND PROV PROV CNST Facilities Transient Lodging INCO PROV PROV PROV COND PROV PROV PROV Other Medical, Health and COND PROV PROV CNST CO?ND PROV PROV CNST Educational Services Other Services COND PROV PROV CNST CONi)� PROV PROV CNST Industrial, Communication, PROW CNST I CNST I CNST PROV CNST CNST CNST Utility JI Agricultural Land, Water CNST' CNST CNST CNST CNST I CNST CNST CNST Areas, Resource Extraction 'INCO means Inconsistent AnMION METROPOLITAN DEVELOPMENT GUIDE December 1996 'COND means Conditional 'PROV means Provisional ' CNST means Consistent Definition of Compatible Land Uses An explanation of the four land use ratings of land used in Tables 6 and 7 (consistent, provisional, conditional and inconsistent land uses) follows: 11 • Consistent: Land uses that are acceptable. • Provisional: Land uses must comply with certain structured performance standards to be acceptable according to MS 473.192 (Metropolitan Area Aircraft Noise Attenuation Act). . Structures built after December 1983 shall be acoustically constructed so as to achieve the interior sound levels described in Table 8. Table 7 Minor Airports h Fd-u,e Land -Use Types / Noise Exposure Zones y" New Development Infill - Reconstruction or Compatibility Guidelines Major Redevelopment Additions to Existing Structures A+ B C D A B` C D Residential Single/ Multiplex with INCO' INCO INCO COND COND COND COND COND Individual Entrance Multiplex / Apartment with INCE PROV PROV PROV COND- PROV PROV PROV Shared Entrance Mobile Home INCO INCO INCO COND COND COND COND COND Educational and Medical , Schools, Churches, Hospitals, INCO INCO INCO PROV COND COND COND PROV Nursing Homes Cultural, Entertainment, Recreational Indoor COND' PROV PROV PROV COND PROV PROV PROV Outdoor COND COND COND CNST COND COND COND CNST Office, Commercial, Retail COND I PROV PROV CNST PROV PROV PROV CNST Services Transportation -Passenger COND PROV PROV CNST COND PROV PROV CNST Facilities Transient Lodging INCO PROV PROV PROV COND PROV PROV PROV Other Medical, Health and COND PROV PROV CNST COND PROV PROV CNST Educational Services Other Services COND PROV PROV CAST COND PROV PROV CNST Industrial, Communication, PROF I CNST ( CNST I CNST PROV I CNST CNST CNST Utility I JI Agricultural Land, Water CNST' CNST CNST CNST CNST I CNST ( CNST i CNST Areas, Resource Extraction EI ! li Note: For infill, reconstnuuons and additions. even though certain land uses are generally inconsistent in a given _one, extenuating circumstances could justify the project, and the community should address this in its pian amendment, as aooropnate. ' INCO means inconsistent COND means Conditional 'PROV means Provisional CNST means Consistent A/1R/0N METROPOLITAN DEVELOPMENT GUIDE December 1996 V an Table 8 Structure Performance Standards' Land Use Interior Sound LeveF Residential 45dBA Educational/Medical 45dBA Cultural/Entertainment/Recreational 50dBA3 Office/Commercial/Retail Services 50dBA Industrial/Communication/Utility 60dBA Agricultural Land/Water/Area/Resource Extraction 65dBA These performance standards do not apply to buildings, accessory buildings, or portions of buildings that are not normally occupied by people (See Appendix A). 3 The federal DNL descriptor is used to delineate all the system airport noise policy zones. ' Special attention is required for certain noise sensitive uses, for example, concert halls. Table 9 Conditionai Land -Use Review Factors 1. Specific nature of the proposed use, including extent of associated outdoor activities. 2. Relationship of proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other - metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed on the proposed use by the community with aspect to reduction of exterior to interior noise transmissions, and shielding of outdoor activities. 6. Method community will use to inform future occupants of proposed potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use_ 8. Distance of proposed use from existing or proposed runways, parallel taxiways, or engine run-up areas. A UVION METROPOLITAN DEVELOPMENT GUIDE December 1996 • Conditional: Land uses that may be identified as conditionally acceptable in local comprehensive plans. The Metropolitan Council will review and authorize conditional uses incorporated in local comprehensive plan amendments for compliance with the factors set forth in Table 9. Following the approval and adoption of local comprehensive plan amendments, individual conditional use proposals will not be reviewed by the Metropolitan Council unless indicated in the plan amendment. When a local government submits a land use plan amendment proposing the potential authorization of uses identified as conditional in these guidelines, the Metropoliian'Council will use the following factors in determining whether or not to approve the provisions relating to proposed conditional uses: Inconsistent: Land uses that are not acceptable even -if acoustical treatment were incorporated in the structure and outside uses were restricted. Each local unit of government with land within the airport noise zones will be responsible for implementing and enforcing the structure performance standards in its jurisdiction. The Metropolitan Council will review the adequacy of these standards as part of its review of amendments to each community's comprehensive plan. '- Land uses identified in Tables 6 and 7 are categorized into two groups; those dealing with new development/major redevelopment, or infill development and reconstruction or additions to existing structures. "New Development and Major Redevelopment." "New development" means a relatively large, undeveloped tract of land proposed for development (for example, a residential subdivision, industrial park or shopping center). "Major redevelopment" means a relatively large parcel of land with old structures proposed for extensive rehabilitation or demolition and different uses (for example, demolition of a square block of old office and hotel . buildings for new housing, office, commercial uses; conversion of warehouse to office and commercial uses). Infill Development and Reconstruction or Additions to Existing Structures The term "Infill development" pertains to an undeveloped parcel or parcels of land proposed for development similar to or less noise -sensitive than the developed parcels surrounding the undeveloped parcel (for example, a new house on a vacant lot in a residential neighborhood, or a new industry on a vacant parcel in an established industrial area). "Reconstruction or additions to existing structures" pertains to replacing a structure destroyed by fire, age, etc., to accommodate the same use that existed before destruction, or expanding a structure to accommodate increased -demand for existing use (for example, rebuilding and modernizing an old hotel, or adding a room to a house). Decks, patios and swimming pools are considereff allowable uses in all cases. It is recognized that certain existing land uses, reconstruction projects and infill development are not consistent with the guidelines for new development and major redevelopment, and achievement of consistency between such uses and the noise exposure zones may remain difficult or impossible in the short term. Where such consistency is impractical in the short term, interim measures will be necessary. Such interim measures may include application to the Minnesota Pollution Control Agency for a variance from state noise standards. The long-range achievement of compatibility should be addressed through strategies that eventually will reduce or eliminate inconsistencies. This program may include acquisition, insulation, long-range planning and development, modification of airport operations and ground noise attenuation. Program costs, financing methods, prioritization and an implementation schedule should be identified as part of the process and included in the strategies. A UVIOM METROPOLITAN DEVELOPMENT GUIDE December 1996 Noise Exposure Zones for Major and Intermediate Airports Both the existing and expected noise intensity in the area are severe and permanent. No new development other than that dedicated to nonnoise-sensitive land uses should be considered. In addition to preventing future noise problems, the severely noise -impacted areas surrounding MSP should be fully evaluated to determine alternative land -use strategies including eventual changes in existing land uses. Four aircraft noise exposure zones are defined within the noise policy area. Those zones can be classified as severe, serious, significant and moderate, respectively. They are described below. Noise Exposure Zone I Zone 1 occurs on, and immediately adjacent to the airport property and can -be generally described as having a severe noise problem. It is projected to be subjected to aircraft noise greater than 75 DNL. It is an area frequently affected by both takeoff and landing operations. In addition, the proximity of the airport operating area, particularly the runway thresholds, reduces the probability of relief resulting from future changes in the operating characteristics of either the aircraft or the airport. Noise Exposure Zone'2 The noise impacts in zone 2 are generally sustained, especially close to the runway ends. Zone 2 is exposed to aircraft noise of 70 to 75 DNL for takeoff's and landings. Based on the proximity of the affected area to the airport, the seriousness of the noise exposure is such that sleep and speech interference can be routinely expected. The noise intensity in this area is generally serious and oftentimes continuing. New development should be limited to uses that have been constructed to achieve certain interior -to -exterior noise attenuation and that discourage certain outdoor uses. Noise Exposure Zone 3 Aircraft noise impacts in zone 3 can also be categorized as sustaining. However, the intensity is such that it should be considered significant, or somewhat less than serious. Zone 3 is exposed to aircraft noise of 65 to 70 DNL for takeoffs and landings. In addition to the intensity of the noise, the location of buildings receiving the noise must also be hilly considered. Operational changes can provide some relief for certain uses in this area. Residential development may be acceptable if it is located outside areas that are exposed to frequent arrivals and departures, is constructed to achieve certain interior to exterior noise attenuation, and is restrictive as to outdoor use. Certain medical and educational facilities that involve permanent lodging and outdoor use should be discouraged Noise Exposure Zone 4 Zone 4 is best described as a transitional area where aircraft noise exposure might be considered moderate. It is exposed to aircraft noise 60 to 65 DNL. Noise exposure is predominantly related to takeoffs. Land uses are likely to receive the most benefit from changes in operations. The area is considered transitional because potential changes in airport and aircraft operating procedures could lower or raise noise levels. At MSP, this noise zone includes the DNL 60 plus one -mile buffer zone to address this variability in noise impact and also allow implementation of additional local noise mitigation efforts as discussed on page 74 of this guide chapter or defined under state law. Development in this area may be generally free from land -use restrictions as such, but can benefit from insulation levels above typical new construction standards in Minnesota. While such measures may abate the level of interior noise, insulation cannot eliminate outdoor noise problems. Building locations and site planning can help mitigate both interior and exterior noise in some cases and must be encouraged: - - tl' AnM1014 METROPOLITAN DEVELOPMENT GUIDE December 1996 A new noise policy area has been developed for use by affected communities in defining noise mitigation measures. This includes an amendment of local comprehensive plans and designations of compatible land uses and zoning of undeveloped properties according to the land -use compatibility guidelines defined in this Aviation Chapter. The new noise policy areas, shown in Figure 15, consists of a combination of: 1) the 1996 DNL 60 noise contour for the parallel runways, 2) the 2005 DNL 60 noise contour reflecting the projected operations on the proposed new North/South runway, and 3) addition of a one -mile area outside the DNL 60 contour as defined under the 1996 noise mitigation legislation. The new Noise Policy Area for MSP was included to meet several objectives: 1) Replace the old "hybrid" Noise Policy Contour, in use since 1983 for local plan reviews, with an updated contour that reflects more recent air traffic activity levels and other noise modeling parameters, 2) Change the noise metric to the federal DNL descriptor to reflect dual -track recommendations and provide consistency with other MAC studies/programs such as the FAR Part -150 noise program which addresses "corrective" land use compatibility measures, 3) Protect undeveloped/compatible land uses, especially in the Mendota Heights -Eagan Corridor, from market pressures to convert to incompatible land uses, by not using the year 2005 contour but the 1996 DNL 60 + one - mile contour. The 1996 contour was selected since it was already being used in the part -150 program, provide the most protection for "preventive" land use measures both geographically, and provides a certain period of time to see whether actual noise reductions (as recorded by the ANOMS monitoring system) occurs as expected. Maintaining the current reservoir of compatible commercial and industrial land uses in this corridor serves not only the interests of the airport system but also provides potential for future economic development for employees located in the central citim and businesses serving air -transportation. 4) Provide guidance for areas to be affected by the year 2005 by operations off the new north/south runway. This is consistent with earlier preferences voiced by the City of Bloomington in discussion of the runway 4/22 issues, and it provides ability to address potential -future noise issues in Bloomington and Eagan during the 1997-98 local plan updates. 5) It is consistent with the 1996 legislation for the ability to use aircraft noise as defining a "blighting" condition in establishment of a Tax Increment Financing District in affected communities around MSP. An important feature of that TIF legislation is ability to change land uses from housing to other more compatible land uses. 6) The one -mile buffer area provides additional flexibility to communities in implementation of measures reflecting local land use concerns. Figure 16 depicts the five-year (projected to 1996) noise contour for MSP prepared by the MAC using the Integrated Noise Model. The originally approved Part -150 contour assumed the physical extension of runway 4/22 including redistribution of aircraft from the parallel runways to more departures on runwav 22, to the southwest—the "Build" option. The Council has approved the physical extension of runway 4/22 as a MAC capital improvement project. The redistribution of noise through a new runway use system was submitted to mediation due to litigation. Because of the pending legal issues and the reconstruction of runway 29 L, the items associated with the new runway use system (such as the queing taxiway), would not be included until the MAC 1999 annual CIP. At that point the implementation status of the new North-South runway will be better known and, therefore, it will be possible to better determine the potential cost -effectiveness of implementing the 4/22 runway use system. AI11410M METROPOLITAN DEVELOPMENT GUIDE December 1996 43 Noise Policy Area - N.i hmeapolis-5l. J kaul International Airport , i • • 1 - 104Vq 4 � S Minne Park, l,%t U '"w7k' '�: i YCX.r Sy� �+t':i$ '8 t � P ? +�♦I � �'� 4'S:f�, t, 10 West 757 a r "pit"' 1 St. P u t ~ S',,"2 .4' U,� ij Sleuth E�1na 'til n4 •. 1 µNSI' s �� St. Pau -•�,i� wk, +5 911 "0 '1 Now ort .«c :u�: rs r.s :.:+'. r.7 �:r rs:,== "' t. �;' ," r i„ r"zt�:t�; 1i • i �! �;, w �..« 4iY ...' ��x� t �' i ti � Y. A' �j � q z . i4} i 1� �� .� . ��7•�, �i} �^ fix' �� . ;� y` ° A .�,�,, ��•• q'�1 �� y„e ! 2 t. . sad v •7}w; , m 'fj 7 Gig t`l , lj �•'i S 3 . t F' `t„ �� 2 'ii �t ,,.� � C �?x#. �A R2] � P. 44 :Hi�#3'i • '�i J 1 t ' l`t1 G 1 -owe Park 3 i lits � Bloom`ngton NOISLI ZONI'-,/17Ni, 1/75 land greater ;n Eagan ��; . ' 2/75 to 70 ' =, !,i F' j` 3/70(o65 *' 1, 5E } 3 j i4 4/65 to 60 I one ntilc •. - '`''� t s t 3 NOTH: 'Phis nriy> is for illustmilon purposes only, detailed planning maps are piepored for use by aMoted collnnuhilles.A The Noiso Policy Area Is a composite or: the 1996 DNI, 60 noise levels and above for flight uperntiona on the parallel runways; the 2005 DNI, 00 noise levels and abovo for tho �ietiv NurihlSuuth runway; anti, ti pulse buffer zone ticsignnlcd ns one alaIttle .mile outside (lie DNI, 60 contour Ilne. The objective of not implementing the aircraft noise redistribution for runway 4/22 is the desire of some o communities to have the noise redistribution occur on the new "North/South" runway, and the desire of some ' communities that FAA funding for noise insulation in runway 4/22 impact areas in southeast Richfield and south Minneapolis. This issue will be considered as part of an overall noise mitigation plan required for legislative review. The MAC, however, has taken action on a Noise Mitigation Program for MSP that included specific recommendations on runway 4/22 use: 1) Complete the EIS and construct north/south runway (start construction 1998 & open runway2003), 2) In the interim, runway 4/22 should be used for noise mitigation purposes, requiring - construction of associated taxiways, - mitigation program at SW end of runway in Bloomington & Richfield as required in the final Record of Decision, - If north/south runway is completed before insulation program is completed, the insulation program [in this area] may be terminated, 3) Completion of program is contingent on MAC maintaining an (A) bond rating. Figure 16 compares the 1996 DNL 65 noise contour area for runway 4/22 "Build" option with the "No -Build" (i.e. this is operationally the same as not implementing the aircraft noise redistribution element). This graphic shows areas which would experience an increase or decrease in aircraft noise depending on whether an aircraft noise redistribution will occur on the new "North/South" runway. The resulting new noise impact area is included in the proposed MSP Noise Policy Area. These noise contours represent the areas eligible for federal funding for "correc- tive" land use compatibility problems. Area of Incensed Noise Impact if Ahmft Depamua ate Rt6wibmed on Runway 22 Area of Deansed Noise Impact ISA'ccraR Deparmtes are Redss'nla' d on Runway 22 A UW10H METROPOLITAN DEVELOPMENT GUIDE December 1996 us CITY OF MENDOTA HEIGHTS October 17, 1997 TO: Mayor, City Council, and City Administrator FROM: Marc Mogan MSN1 Civil Engineer SUBJECT: Bunker Hills Street Reconstruction Public Hearing Feasibility Report Update Job No. 9514, Improvement No. 96, Project No. 3 ENTRODUCTION: Council ordered a public hearing at the September 16, 1997 meeting to reconsider a city improvement project to reconstruct the streets in the Bunker Hills neighborhood. This is an update of a feasibility report originally presented and accepted by Council resolution 96-60 on August 20, 1996. This report provides details on the project background, description, costs, financing, schedule, and offers a recommendation for the improvement. ,p. BACKGROUND: 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._ The .streets have deteriorated over this 27 year period. Water ponds in front of many driveways, and the bituminous surface is cracking and crumbling throughout the neighborhood. The current frequency and extent of pothole and deficient street section repairs made under the City's yearly street maintenance budget suggest that this course of action is no longer prudent. The normal expected service life for bituminous streets without concrete curb and gutter is 20 years or less. The age and current condition of the streets in this neighborhood warrant resurfacing, or total reconstruction under the circumstances, in order to restore the street to an acceptably smooth bituminous surface. PROTECT DESCRIMON: There are currently approximately 1.9 miles of streets in the Bunker Hills neighborhood. Streets included in this improvement project include 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. All streets, except for Valley Curve between Willow Lane and Hilltop Road, and the gravel alley west of Dodd Road, are proposed to be upgraded to meet structural provisions and drainage components of City Standard streets. City Standard streets have'a 3.5" thick bituminous pavement surface constructed over a 6" gravel base with concrete curb and gutter, and storm sewer where appropriate. Wachtler Avenue from Marie Avenue to Valley Curve, the Valley Curve cul-de-sac, and the Willow Lane\Valley Curve\Hilltop Road segments are currently constructed approximately 30 feet wide, and would be reconstructed 34.33 feet wide between the outside edges of concrete curb and gutter. Wachtler Avenue from Hilltop Road to Ridge Place, Hilltop Court, Arvin Drive, Ridge Place, and Ridge Place cul-de-sac are currently constructed approximately 20 feet wide. These streets would be reconstructed 26.33 feet wide between the outside edges of concrete curb and gutter to minimize adverse impacts to trees, landscaping, or other topographic features in those areas. Low traffic volumes, when combined with the absence of any driveways accessing the properties on the section of Valley Curve between Willow Lane and Hilltop Road, prompt me to give serious consideration to closing this section to through traffic. Significant project savings could be realized by not reconstructing this segment as an improved street. There is however, a need for City forces to have reliable access to fire hydrants, and' the existing sanitary sewer and water mains constructed within this right of way, to perform maintenance on these facilities. I therefore propose that the Valley Curve segment between Willow Lane and Hilltop Road be re -constructed as an 8 foot wide bituminous trail in an effort to reduce the - a cost of this project. The existing gravel alley is constructed within an easement as opposed to public right of way, and only provides driveway access to the six properties on the west side of the alley. The City is proposing that this alley be paved with bituminous and constructed with an inverted crown (without concrete curb and gutter), because there is no functional justification to reconstruct this alley as a street, and the existing easement is not of sufficient width to accommodate construction of a street. A complete reconstruction project in this neighborhood would be more complicated than adding curb and gutter and installing a new bituminous surface. Installation of B618 concrete curb and gutter might affect existing drainage patterns on private property. Elevations of existing streets, in addition to those of the proposed curb and gutter, may need to be modified slightly, and boulevards may require re -grading to effectively drain front yards to the proposed curb. The installation of curb and gutter on this project necessitates construction of storm sewer to effectively route storm water runoff off-site. There are several locations in the Bunker Hills neighborhood where storm water presently drains to some existing storm sewer catch basins or culverts. The existing storm sewer conduits would be utilized and incorporated into the design of the proposed storm sewer system design wherever possible and appropriate in an effort to reduce cost, and minimize storm sewer construction impacts. Existing storm sewer system components that contribute to erosion problems in the neighborhood would be abandoned where they could not feasibly be corrected. An effective way of rebuilding streets to achieve a greater design strength and reduce material costs is to reclaim the existing bituminous surface and incorporate the reclaimed bituminous as part of the base material. This method has been used with good success on the London/Downing, Friendly Hills, Curley's Valley View Addition, and Tilsen's Highland Heights street reconstruction projects, and would be used on this project. Construction would commence with reclamation of the existing bituminous surface that would be crushed for use as a recycled aggregate base for this improvement project. Storm sewer pipes would be constructed in accordance with the storm sewer system design. Existing ditches and driveway culverts would be eliminated. Inadequate street subgrade conditions would be repaired. Drain file would be installed, where necessary and feasible, to provide a stable subgrade for street construction. Additional aggregate base would be placed as required. Concrete curb and gutter would be constructed, followed by the construction of two lifts of bituminous surface. Driveways would be reconstructed in-kind, to the extent they were disturbed, or replaced entirely at additional property owner expense. Maintained boulevard areas would be finished graded with, on-site salvaged or imported topsoil, and restored with sod. PROTECT COSTS: A summary of the preliminary estimated project costs, including 30% contingencies, engineering, administration, and overhead, for the proposed improvement are as follows: Item Description Project Cost Water Main $5,000 Storm Sewer $155,000 City Standard Streets $607,000 TOTAL PROJECT COST $767,000 PROTECT FINANCING: This project would be financed from a combination of special assessments, Infrastructure Reserve, Storm Water, Water Utility and TIF Funds. In 1992, City Council adopted the Street Rehabilitation and Reconstruction Policy. This policy encourages the upgrading of rural street sections to City Standard Streets. The policy also makes funds available from various City funding sources to aid in the cost of certain street reconstruction projects. The City Street Rehabilitation and Reconstruction policy states that the City will finance up to 50 percent (50 %) of the total project cost for a project to upgrade and reconstruct streets that meet the requirements for City Standard Streets. That same policy indicates that benefited properties should be assessed the entire cost of the upgrade or capital improvement (i.e., storm sewer and concrete curb and gutter). This project proposes to deviate from this funding policy in a manner consistent with the other street reconstruction improvement projects that have recently been constructed in the City. On other projects, after deducting all possible Water Utility, TIF, or Municipal State Aid (MSA) funding contributions, the City funded 50 percent (50%) of all project costs from the Infrastructure Reserve Fund that would otherwise be assessed against benefiting properties. This same funding approach is being recommended to finance the cost of these improvements. Under this proposal, the property owner would be assessed one half of the cost of the proposed improvement project with matching City Infrastructure Reserve funds after deducting all contributions from other possible City funding sources. I propose that all incidental water main related construction costs be financed out of the Water Utility Fund. I also propose that TIF finance a portion of the storm sewer project cost commensurate with the contribution of storm water runoff from the Freeway Road area east of Dodd Road at Hilltop Road. Based on the above criteria, the proposed improvement funding amounts are as follows: City Standard Street Funding Source Funding Amount Water Utility $5,000 TIF $26,000 Infrastructure Reserve Fund $395,600 Special Assessment $340,400 TOTAL PROJECT $767,000 The lots in this neighborhood are large. Compounding this situation is the relatively inefficient platting of the lots themselves. The significant number of through lots, and the combined length of corner lot frontage exhibit evidence of this. Given these circumstances, I am proposing that the City offer assistance in this regard, by arbitrarily adding another unit 0 assessment to the total number of assessable units for each through lot in this neighborhood (six additional). All buildable vacant lots would be assessed a proportionate share of the improvement cost on a per lot basis, but those assessments could be deferred, on a case by case basis, until such time as the property is sold, or built upon. There are 74 assessable residential lots within the project. Adding the 6 through lots whose assessments would be funded by the City increases the total number of assessable lots to 80. All assessable properties within the improvement project, including the six properties which front the alley, would be assessed 50 percent of the remaining improvement costs on a per lot basis. It could be argued that unless Valley Curve is reconstructed as a street, the six alley properties receive only partial benefit from this improvement project. For this reason, I propose that these six property owners pay only that portion of the assessment cost attributable to storm sewer plus construction of the alley, including a proportionate share of the indirect cost, with the remaining balance of the per lot unit assessment being paid by the City. Based on the funding plan as described, the proposed total assessment per residential lot, (including two privately owned vacant lots, and six City subsidized through lots) is: $736,000 _ 80 lots _ $9,200 per lot. The proposed total assessment per property owner is: $9,200 x 50 % _ $4,600 per lot. These assessments, including additional driveway replacement costs, could be paid up front without interest, or added to the tax rolls over a 19 year period. This project as it is currently proposed is expensive, and results in the highest proposed per lot assessment to date for any street reconstruction project undertaken in the City. As was mentioned earlier, this is the case primarily as a result of lot density and the inefficient platting of the property in the neighborhood. As a matter of comparison, the existing street surface area in Bunker Hills is approximately equal to that of the Tilsen's Highland Heights neighborhood, but Bunker Hills contains 35 % fewer assessable properties. PROTECT SCHEDULE: It is anticipated that the entire improvement could be substantially completed during the 1998 construction season, if the project is ordered and approved in a timely manner. Following is a tentative schedule of target dates for the proposed improvement project. Task Public Hearing Field Survey Design Bid Construct Assess PROJECT INITIATION: Time October 21, 1997 November 1997 November 1997 - January 1998 February 1998 May - September 1998 October 1998 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 propertatue rs in the Bunker Hills neighborhood. According to the stipulations of Minnesota Statehapter 429, "Local Improvements, Special Assessments", a four-fifths majority wquired 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. This project, as it is currently proposed, is expensive for all the reasons mentioned, and results in the highest proposed per lot assessment to date for any street reconstruction project undertaken in the City. I will be in attendance at the Council meeting to discuss this report and answer any questions. I recommend that Council consider all verbal, and written, (see attached) public comment presented relative to the improvement project at the upcoming public hearing and determine a course of action. ACTION REQUIRED: Council should be prepared to continue og-close the upcoming scheduled public hearing, and determine a course of action. If Council desires to proceed with the improvement project upon conclusion of the public hearing 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 BILLS, SOMERSET HILLS NO. 2,- SUMMERSET PLACE, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES. (JOB NO. 9514, IMPROVEMENT NO. 96, PROJECT NO. 3). BUNKER HILLS LEGEND: ar a ------- EXISTING STORM SEWER Mendota PROPOSED STORM SEWER Heights f lul 1-111 mo BUNKER HILLS I DF&WN BY M STORM SEWER 10 - 15 - 97 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 HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS NO. 2, 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 passible 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 ofthe 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 WHEREAS, due fublication of the notice of public hearing on said proposed construction has been attended to; and WHERTEAS, 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 21st day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS Ux ATTEST: Kathleen M. Swanson City Clerk Charles E. Mertensotto, Mayor Marc S. Mogan, P.E. October 15, 1997 Civil Engineer City of Mendota Heights 1101 Victoria Curve Mendota Heights, MY 55118 Re: Trees Wachtler was rough graded back in 1948 right after the Golf course was platted into lots as we see it now. Before the Golf course was built sometime in 1925 the area called Somerset Place was platted -in 50 and 60 foot lots, 76 lots covering about one-third of our present Bunker Hills area. I believe the Oak trees on Wachtler were probably 100 years -old in 1948 when so called Wachtler was a rough graded gravel road. It is very likely the road was graded around the trees rather than have the expense of removing the trees. Imagine an area with no houses at all and a rough graded road put in to accommodate access to our lot. Our house, rough as it was, was built in 1949. Also imagine that in the entire area, our house was all alone in what is referred to as Bunker Hills. I think the guy who built it intended it to be a cabin in the woods. Our since deceased neighbor repeatedly referred to our house as a "cabin". The owners previous to us John and Mary Stryker might have thought of it as a cabin because they spent most of their time on Madeline Island on Lake Superior. I even believe John was buried on Madeline Island. The purpose of this letter, of course, is the Question of preserving the trees on Wachtler - Problems: 1. Snow plows will jump the curbing if the street is not straight. 2. The health of the trees is in question because of their old age and lack of care. Only one was trimmed recently at the expense of the home owner (just some dead branches). 3. The trees should be inspected by a tree surgeon to determine if they are healthy and worth saving; trees do die of old age. 4. There would be little impact to the homes on the tree side. They all have adequate set back. A few feet, not more than (3) three feet would be taken from their side. The street dedication for the original Wachtler County road exceeds the normal 15' on the side opposite our house. 5. Our easement has already been taken away to some extent and an additional 9 feet along about one-half our property and 6 feet along the other one-half of our property is in excess. No other property owner has such an excess of easement taken from their property. Finally, the most important of the above is the snow plowing. Snow can only be pushed to one side due to the interference of the trees. Especially with the curved street it makes it doubly difficult for the snow plow operators. Normally 32' streets are needed in Minnesota because of the snow plowing. A 26' curb to curb is minimal and is preferred for the area of Wachtler and Ridge; however, the problem should not become more of a problem. There are many nice trees in the area but the two trees in question are not in my opinion "NICE" trees. They don't look healthy and they probably will be an expense to the City because the home owner will not want to maintain them. Our setback would be impacted considerably since we had only 37 1/2 feet and had to appear before the planning commission and City Council to obtain a building permit to improve our home. Our home now is the pride of the neighborhood. Should we lose interest in our property because of two almost dead trees that should in no way interfere with progress. Joseph O. & Betty L. Schuster 1900 Wachtler Avenue ' F /V Mendota Heights, MN 55118 cc: MH City Council BEN BAYLESS 821 Hilltop Road Mendota Heights, MN 55118 October 14, 1997 Mr. Marc S. Mogan, P.E. Civil Engineer City of Mendota Heights 1101 Victoria Curve Mendota Heiahts, MN 55118 Dear Marc: A couple of questions for you regarding the street reconstruction in Bunker Hills: 1. It has never been explained why property owners will be assessed on a "per lot basis," Our lot has one frontage of 100', whereby a lot of properties actually consist of 2,3 or more frontages. A case near us is 828 Hilltop Road, which must have at least 400-500' of frontage on Hilltop Road and Valley Curve. I feel anyone with 100' of frontages, or less, is subsidizing those properties with 2 or more frontages. A good example of less is most of the properties that front on cul-de-sacs. Of the 36 properties that want total reconstruction, at least 10 of these have 2 or more frontages„ At $4,850 or lot f This is a good deal for them, but not for those with 100' or less. This sure needs an understandable explanation. 2. Our driveway has a perfect joining with the present street - no bumps and good drainage. Even the necessary driveway replacement is mentioned under Option #1- What happens if the new street winds up higher than it presently is? Howe does the water drain out of our driveway, especially with the proposed curbs and gutters? Will the present good drainage be ensured, or will :Ve h.avc :Vater backing up into our garage? You may reply directly to us, or please answer these questions at the October 21st council meeting. Thank you for your time and consideration. Sincerely, Ben & Bev Bayless 452-5245 cc: Mayor Charles E. Mertensotto Councilmember Jill Smith Councilmember John Huber Councilmember Christine Koch Councilmember Sandra Krebsbach DAVID J. DUDDLESTON 785 Hilltop Court Mendota Heights, MN 55118 October 10, 1997 Marc S. Mogan, P.E. Civil Engineer City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Bunker Hills Street Reconstruction Neighborhood Meeting Job No. 9514, Improvement No. 96, Project No. 3 Dear Mr. Mogan: Our family lives at 785 Hilltop Court. Both my wife and I are in favor of completion of this project in a form acceptable to the City staff including curbs, gutters and resurfaced streets. The streets are in a deplorable condition and have needed resurfacing for many years. We signed a petition to this effect one year ago. Whether or not the City makes the streets narrower or otherwise attempts to preserve some neighbors' concern is not important. Important is that the streets get resurfaced and curbs and gutters be installed. I couldn't be at the meeting on September 30 and hope that this can be included in a record in the event that additional decisions are made by the City Council. Very truly yours, P David J. Duddles on DJD/dk L 461 -pa % P.01 September 25, 1997 Mr. Jim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Bunker Hills Street Reconstruction Job No. 9514, Improvement No. 96, Project No. 3 Dear Mr. Danielson, Since we will be unable to attend the neighborhood meeting on Tuesday, Sept. 30, this letter is intended to share our thoughts regarding the planned street reconstruction for the summer of 1998. We are in favor of the plans to redo the streets and add curbs and gutters. However, we would like some assurance that the plans will make note not to harm the very large and very old oak tree in our front yard. It sits only a few feet from the road, and it is a very important part of the landscape of the neighborhood. In fact, we would hope that your reconstruction plans would avoid compromising the health of all trees in the Bunker Hills area We would also like to see a street drain in front of our house. I believe my husband called earlier during the summer to request this be included in your plans. We are at the base of the hill and the street currently drains directly into our front yard, causing much flooding and standing water in both our yard and driveway. We would appreciate your consideration of the above concerns as you finalize plans for the reconstruction next summer. Sincerely, �.0 John and Mary Gelderman 1812 Valley Curve Mendota Heights, MN 55118 612/683-1186 Chuck MacDonald 816 Hilltop Road Mendota Heights, MN 55118 September 18,1997 Marc S. Mogan, P. E. Civil Engineer City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Mogan, Thank you for your briefing and meeting announcement of September 15/97. Unfortunately I have a conflict that night. Your professional efforts to address the concerns of residents is laudable. You might recall I have gone on record twice previously about the disastrous conditions of our roads I certainly understand the complexities of a democracy and representation but beyond the meetings, workshops, and council meetings is the reality of over aged streets that make walking and driving a contest. My wife and I are two votes in this process and my vote is to bring the streets up to code and deliver the same quality of road service that the rest of this community enjoys. Besides the frequent complains of relatives and friends who attempt to visit us and must drive on these roads, a recent home appraiser challenged the quality of the neighborhood based on our roads. These roads are effecting the value of our homes and it is unfair. You speak to the issue of preserving the character of the neighborhood which is beginning more and more to look like a backwoods. I vote with this letter to have the city supply us with the same quality of road surface that other areas take for granted Curbs or no curbs, I want a decent and safe road I also hope that the city council continues to plan to bid this work out for the Spring of 1998. There will continue to be objections to any plan you propose, but the road by your own admission is way past due for replacement. Please replace the road as your offices had planned Si0neerel Chuck 1 acDonald September 17, 1997 Tim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 The enclosed plat shows there is 33' on each side of the centerline of the original, I believe, County Road as originally platted sometime prior to the present time. The Plat doesn't show Wachtler which was probably a dirt road originally, I believe, about 1948 or 1949. I played Bunker Hills (back in 1948 and the consensus then was that it was a "goat track". The owner apparently had an opportunity to rid himself of the property right after that time. Our house, 1900 Wachtler, was built in 1949. It was the first and only house, then on the golf course property. The house to the South, for example, was built in 1953, although the plat shows a 66' road, it never was considered a through way. It is ironic that Wachder was used since it has no connection to the main road Wachtler to the North between Wentworth and Highway 13. You have a letter by me requesting a name change to Ridge. There are only 7 house on Wachder. The reason fot writing this nonsense is to show that Wachtler doesn't following the original centerline. Its entire wk—Wies to -the East of the center line. The South "iron" on my lot is only 9' from the road. There shouldbca IY easement between the South iron and the road. No one wants to see destruction of mature9Qyor old trees and Betty and I surely don't want f rrther intrusion into our lot either. I am asking to keep the street width outside curbing to curbing at 26 feet. I am in favor of storm sewers as well. The 26 width can be accomplished without causing a controversy with others along W*c4tler Avenue. Joseph 0. & Betty L. Schuster nj"' j cc: Marc S. M.ogan Civil Engine -..r October 15, 1997 To: Mayor and City Council �,5 ) From: Kevin Batchelder, City A for Subject: AMM's 1998 Proposed Legislative Policy Program The Association of Metropolitan Municipalities (AMM) is hosting their annual policy adoption meeting on November 13, 1997 to consider the 1998 Proposed Legislative Policy Program. Attached you will find a draft 1998 Policies and Legislative Proposals document for your review. (Please see attached letter and policy document.) The AMM is asking that each member City Council review these policies for action at the annual policy adoption meeting. In addition, the AMM is asking that each city identify which are their top five priority policies. Attached is an AMM Policy Committee Priorities which identifies the priority topics chosen by each of the five policy committees that have worked this Summer -to draft the policy document. The Committees are Revenue, General Legislation, Housing and Economic Development, Metropolitan Agencies and Transportation. City Council will be interested in Policy IV -D-4, Metropolitan Land Planning Act Implementation and Policy IV -D-5, Local Plan Implementation. In this policy, the AMM strongly opposes the creation of a Land Use Board of Appeals. Policy IV -I, Local Governance Examination discusses an advisory council that has been formed by the Legislature to study the roles and functions of local governments and Council will be interested in tracking this issue. Finally, Councilmember Smith and I worked with the Metropolitan Agencies Committee on Policy C-1, Restructuring of Metropolitan Agencies to include language that the Advisory Council on Local Governments should study the governance structure of the MAC. City Council should consider which five policies in this document are our priorities and whether we should comment on any other policies at the annual policy adoption meeting. Council members should indicate whether they plan on attending the Policy Adoption Meeting on November 13, 1997 so that reservations may be made. Consider the AMM's draft 1998 Policies and Legislative Proposals and provide direction to staff on Mendota Heights five priority policies and the adoption of this proposed slate of policies and legislative action. 4" ASSOfIatI0110f Metropolitan Municipalities DATE: October 10, 1997 TO: AMM City Officials Colleagues & Friends of Vern FROM: AMM Staff RE: Retirement Party for Vern & Policy Adoption Meeting This year, the AMM Policy Adoption Meeting will be combined with a Retirement Parry for Vern Peterson. As you may know, Vern will retire Dec. 31 after more than 23 years of dedicated service to the AMM. The event is scheduled for Thursday, Nov. 13 from 5-9 p.m. at the Sheraton Metrodome Hotel in Minneapolis. The following is an itinerary for the evening: 5-6:30 p.m ...................... Social Hour 6:30-7:30 p.m .................. DinnerNern Peterson Recognition 7:30-7:45 p.m .................. Break 7:45-9 p.m ...................... Policy Adoption Meeting During the social hour, we invite individuals to share stories, experiences and memories of Vern. We would also encourage you to mail in letters and other pertinent memorabilia which could be included in a memory scrapbook.. Please submit your letters, etc. to Laurie Jennings at the AMM office (145 University Avenue West, St. Paul, MN 55103) by Monday, Nov. 3. A flyer and invitation with additional information will be mailed to you in a few weeks. In the invitation, we will be asking for donations to go toward a retirement gift for Vern. If you have questions, please call Laurie at 215-4000. polmtg97.doc 14S Un'ryffftAymw Wt Wnt h4 FGmma D03 -W (612 215-4000 Fez: tfi nqq Association of Metropolitan Municipalities DATE: October 10, 1997 TO: AMMCity Officials BULLETIN RE: EnclosedDraftof 1998 Policy Document/Policy Priorities Enclosed are the recommendations forthe 1998 legislative policy program from the AMM's four standing committees. Please reviewthe policies with your city council for action atthe membership meeting scheduled for Thursday, November 13 at the Sheraton Metrodome Hotel. A notice onthe specifics ofthe meeting will be mailed to you withinthe next couple weeks. The AMM Board of Directors has reviewed the attached policies and recommends full membership adoption as amendedby the two changes listed below. 1. Insertthe words "blighted and/or" to the last sentence ofpolicy B-8 (REDEVELOPMENT NEEDS) on page 29. The state should make a financial commitment to invest in redevelopment projects including an adequately funded program to allow development authorities to gain control of and develop feel -1, blighted and/or contaminated sites, pursuant to local plans and priorities. .n. 2. Delete policy V -I (CITY SPEED CONTROL) on page 56. Pleasereviewthe 17 policies listed onthe back ofthis memo and number your topfive priorities, with 1 being the highest and 5 the lowest. Bring yourpriorities to the Policy Adoption Meeting, or mail, fax or E-mail your responses to the AMM office. Your participation is important because the policy priorities help determine how stafftime and resources are allocated. Bu1198.pm6 i4s Unkeniq Avenue Wet dirt PUL Mini MU S Ok2044 (W) tis -4000 hz: ?A nqq Wile -at 4110 V4011 r11il11z ,oil • AMM POLICY COMMITTEE PRIORITIES (1997) Please review the following list of 17 priorities and indicate your top five priority policies, numbering them from 1-5. (1= highest priority, 5 = lowest priority) REVENUE State Housing Policy& Financial Assistance I -A LevyLimits I -B Property TaxReform Principles I -E-5 Sales Tax on Local Government Purchases I -K Personal Property Tax GENERAL LEGISLATION II -B PublicRight-of-Way HOUSING & ECONOMIC DEVELOPMENT III -A-3 State Housing Policy& Financial Assistance III -A-4 MetropolitanHousingPolicy III -B-3, 5 Tax IncrementFinance(TIF) III -B-6 OtherDevelopment Tools III -B-7 Development ofPolluted Lands METROPOLITAN AGENCIES IV -D-1 Coordination ofLocal and Regional Plans IV -D-3 GrowthManagement Strategy IV -D-4 MetropolitanLandPlanning Act Implementation IV -I Local GovemanceExamination TRANSPORTATION V-A Transportation Funding V -B Regional Transit System W Motion Imaging Recording System (iVIIRS) -- TrafficLawCompliance OTHER: Please bringyourresponses to the November 13PolicyAdoption Meeting. You may also Mail (145 University Avenue W., St. Paul, MN 55103), Fax (281-1299) orE-mail (AsocMetMun@aol.com) yourresponsesin advance. to Association of Metropolitan Municipalities ONF Policies 145 University Avenue Weit Saint Paul, Minnesota SS103 2044 (612)115-4000 W: 2$+•+z99 INDEX PART ONE MUNICIPAL REVENUE AND TAXATION i PAGE NUMBER I. MUNICIPAL REVENUE 1-10 A. LEVYNALUE LIMITS 3 1. Levy Limits 3 2. Oppose Valuation or Operation Freezes 3 B. PROPERTY TAX REFORM PRINCIPLES 3 C. AID PROGRAM CONTINUATION 5 1. Local Government Aid (LGA) 5 2. Homestead and Agricultural Credit Aid (HACA) 5 3. Oppose Conversion of City LGA and HACA to School Aid 6 D. TAX EXEMPT PROPERTY 6 E. GENERAL FISCAL IMPACT POLICIES 6 1. Fiscal Note Continuation 6 2. Funding Shifts 7 3. State Revenue Stability 7 4. City Revenue Stability and Fund Balance 7 5. Sales Tax on Local Government Purchases 8 F. LOCAL PERFORMANCE AID 8 G. PRICE OF GOVERNMENT 8 H. FISCAL DISPARITY FUND DISTRIBUTION 9 i I. TAXATION OF MUNICIPAL BOND INTEREST J. STATE OR METROPOLITAN IMPOSED FEE FOR SERVICE K. PERSONAL PROPERTY TAXATION - ELECTRIC UTILITY PART TWO GENERAL LEGISLATION II. GENERAL LEGISLATION A. MANDATES AND LOCAL AUTHORITY B. PUBLIC RIGHT-OF-WAY C. COUNTY PLAT APPROVAL AUTHORITY D. POLICE AND FIRE PENSION PROVISIONS 1. Amortization Aid 2. Employee Contribution Amount 3. Benefit Increases 4. Assumption Changes E. 911 TELEPHONE TAX F. 800 MHz RADIO SYSTEM G. PERMIT APPROVAL - ZONING H. ELECTIONS - ALLEY SYSTEM AUTHORITY PART THREE HOUSING AND ECONOMIC DEVELOPMENT III. HOUSING AND ECONOMIC DEVELOPMENT A. HOUSING AND NEIGHBORHOODS 1. Regulatory Impacts on Housing Costs 2. Mandatory Land Use Standards 3. State Housing Policy and Financial Assistance 4. Metropolitan Housing Policy ii 9 9 10 11-16 13 13 13 14 14 14 14 14 14 15 15 16 17-30 19 19 20 20 21 5. Local Housing Policy 22 6. Neighborhood Livability 22 7. State and/or County Licensed Residential Facilities (Group Homes) 23 8. Residential Non -Homestead Property Tax Relief 24 B. ECONOMIC DEVELOPMENT 25 1. Economic Development Responsibilities 25 2. Equal Treatment of Cities 25 3. Tax Increment Financing (TIF) 26 - 4. Responsible Use of TIF 26 5. Property Tax Reform Impact on TIF 27 6. Other Development Tools 27 7. Development of Polluted Lands 28 8. Redevelopment Needs 29 9. Welfare Reform/Workforce Readiness 29 10. Building Permit Fee Surcharge 30 11. Livable Wage Policy 30 PART FOUR METROPOLITAN GOVERNANCE, STRUCTURE, AND ISSUES IV. METROPOLITAN GOVERNANCE 31-48 A. PURPOSE OF METROPOLITAN GOVERNANCE STRUCTURE 33 B. CRITERIA FOR EXTENSION OF METROPOLITAN GOVERNANCE AUTHORITY 33 C. METROPOLITAN GOVERNANCE STRUCTURE AND FUNDING 34 1. Restructuring of Metropolitan Agencies 34 2. Funding for Regionally Provided Services 35 3. Regional Tax Rates and User Fees 35 D. COMPREHENSIVE LAND USE PLANNING/GROWTH MANAGEMENT 61 1. Coordination of Local and Regional Plans 36 2. Metropolitan Council Focus on Planning 37 3. Growth Management Strategy 37 4. Metropolitan Land Planning Act Implementation 38 5. Local Plan Implementation 39 iii E. METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS 40 1. Budget Process 40 2. Work Program Evaluation 40 F. METROPOLITAN PARK AND OPEN SPACE FUNDING 41 1. Operation and Maintenance Funding 41 2. Development/Capital Funding 41 G. WATER RESOURCE MANAGEMENT 42 1. Water Supply 42 2. Surface and Groundwater Water Management 43 3. Regional Wastewater (Sewer) Treatment System 44 H. WASTE STREAM MANAGEMENT 44 I. LOCAL GOVERNANCE EXAMINATION 45 PART FIVE TRANSPORTATION 49-58 V. AMM TRANSPORTATION POLICY STATEMENT 51 A. TRANSPORTATION FUNDING 52 B. REGIONAL TRANSIT SYSTEM 52 C. TRANSPORTATION INCENTIVES/DISINCENTIVES 53 D. TRANSPORTATION UTILITY 54 E. MSAS FUNDING FOR COMBINED CITY STREET DEPARTMENTS 54 F. HIGHWAY TURNBACKS AND FUNDING 55 G. '3C' TRANSPORTATION PLANNING PROCESS - ELECTED OFFICIALS ROLE 55 H. RAILROAD RIGHT-OF-WAY PRESERVATION 55 1v I. CITY SPEED LIMIT CONTROL 56 J. MOTION IMAGING RECORDING SYSTEM (M.I.R.S.) - TRAFFIC LAW COMPLIANCE 56 K. AIRPORT NOISE MITIGATION 56 L. ROAD ACCESS CHARGE 58 M. METRO MOBILITY 58 APPENDIX COMMITTEE ROSTERS 59-64 Housing and Economic Development 61 Metropolitan Agencies 62 Revenue 63 Transportation and General Government 64 v I Municipal Revenue & Taxation Pages 1-10 LEGISLATIVE POLICIES 1998 I MUNICIPAL REVENUE AND TAXATION I -A LEVY/VALUE LIMITS A-1 LEVY LIMITS The Association of Metropolitan Municipalities has consistently opposed levy limit laws in that they apply uniform statewide restrictions to cities and are too inflexible to accommodate inflation, uncertainties in state and federal financial aids, and the diverse problems and circumstances faced by cities throughout the state. The AMM strongly opposes levy limits and urges the legislature to repeal the levy limits for 1999. A-2 OPPOSE VALUATION OR OPERATION FREEZES During past legislative sessions several proposals related to levy limitation through freezes have been made. As in the case of the previous levy limitations these type of artificial restrictions will work adversely for the taxpayers in the long run. Property valuation freezes will create property tax disparities between current and new property and will create large individual tax bill fluctuations when the freeze is lifted. Payroll or operating freezes cause larger increases at some later point. The AMM opposes imposition of artificial gimmicks such as valuation freezes, payroll freezes, or other limitations to the local government budget and taxing process. I -B PROPERTY TAX REFORM PRINCIPLES The AMM is supportive of reasonable and rational property tax reform and to that end provides a set of principles to guide in the development of a reform package. 3 Property tax reform proposals should: 1. Be simple and accountable as long as it is recognized that the property tax system must satisfy diverse 'financial needs. 2. Recognize city cash flow needs and not jeopardize existing development districts, tax increment finance districts, or enterprise zones'. 3. Assure that city revenue sources be diversified. The property tax is considered a regressive tax and does not provide growth as does income and sales taxes. Cities must avoid becoming totally dependant on property tax. 4. Protect cities' ability to determine and generate revenue and not be dependent on referenda. 5. Assure that net property tax for Metro city taxpayers shall not increase as a result of property tax reform which reduces or diverts aids (LGA/HACA) i.e. School property tax reduction equivalent to aid reduction. State aid should remain an essential component of the property tax system. Categorical aid programs should not become a substitute. A program such as income -adjusted circuit breaker and renter's credit should continue. 6. Stabilize city revenue sources so that cities may effectively do both short and long range planning. 7. Be based on a class rate tax capacity system not a combination of tax capacity and market value. 8. Include elements that promote fairness and geographic balance. i.e. there should be a semblance of equality and taxes paid by income and type and size of property. Class rates may be adjusted to provide more fairness and equity to the system. However, care should be exercised and overall tax burdens analyzed before making major changes. As an example, CA property taxes are high, but Minnesota exempts business equipment which is taxed in most states. The overall tax burden including property, income and sales should be considered before changing one or the other. In Local Government Aid should be distributed based both on need and property wealth and should not favor one region of the state at the expense of any other region. Recently proposed "power equalization" formulas would have resulted in a shift of state aid from metropolitan cities to greater Minnesota cities by failing to adequately recognize the needs of metropolitan cities and by inflating the population factor of greater Minnesota cities. If K-12 school funding is substantially changed, the principles of equity, accountability, and progressiveness should be observed. 9. Not include a new sales tax on local water or sewer utilities. I -C AID PROGRAM CONTINUATION In the event that an acceptable property tax reform is not achieved which incorporates the AMM principles, then the AMM supports the following programs. C-1 LOCAL GOVERNMENT AID (LGA) State aid to cities has existed for over two decades. LGA and other aid programs recognize three basic city problems 1) the need for revenue diversification, 2) property wealth differences, and 3) a state responsibility for various local services. Many programs and formulas have been tried over time to achieve an appropriate balance but have usually changed quickly. The current LGA formula seems to succeed reasonably well, although the modest growth factor will barely maintain a current level. It will not reverse the trend toward increased city property tax reliance nor help offset normal growth. AMM supports continued use of the implicit price deflator (IPD) to provide a minimum growth to LGA. Additional state resources should be provided to reverse local reliance on the property tax. AMM supports continuation of the current LGA formula. If changes are considered by the legislature, AMM will support only changes offered to the current formula that have a positive impact on the metropolitan area. C-2 HOMESTEAD AND AGRICULTURAL CREDIT AID (HACA) HACA equals approximately 40% of local city aid and is an integral part of the state and local governmental service financing system. Over time it has been decreased and for cities frozen except for increases associated with class rate reductions to prevent property tax shifts. Without an associated growth factor for HACA, levy rate increases will be greater than actual budget increases causing larger property tax increases. HACA should be continued as part of the state and local fiscal relationship and the household growth adjustment reinstated as well as an inflationary factor, such as the IPD used for LGA, established. C-3 OPPOSE CONVERSION OF CITY LGA AND HACA TO SCHOOL AID Past conversions of city LGA and HACA to school aid did not provide permanent relief from rising school taxes nor is there any indication that such shifts would provide permanent future relief. Shifting aid from cities to schools will have the effect of not only increasing city property tax but probably overall property tax. The AMM strongly opposes conversion of city LGA and HACA to school aid. I -D TAX EXEMPT PROPERTY One of the glaring inequities in the Minnesota tax system involves the free local services that are provided to tax exempt property owned by governmental and certain non-governmental organizations. It is widely acknowledged that such property benefits directly from local governmental services such as police and fire protection and street services provided by cities. The AMM encourages the state legislature to authorize cities to establish a program of fees for fairly reimbursing municipalities by non-governmental organizations, except constitutionally exempt property, and from the state, county, other city and metropolitan agencies for the cost of services such as police, fire, and streets to their facilities. I -E GENERAL FISCAL IMPACT POLICIES E-1 FISCAL NOTE CONTINUATION Many laws are passed each year by the legislature which have a substantial effect on the financial viability of cities. Some of these, such as revenue and tax measures, have an obvious and direct effect which is often calculated and reported during the hearing process. Many others, such as worker's compensation benefit increases, mandated activities, binding arbitration and other labor related legislation, social programs, etc., have costs which are not as obvious but which will now be known due to the increased fiscal note requirement passed in 1997. Cities and others will now be able to determine the real cost of a program or proposal and be able to use this data in determining the merits. The state should continue a policy of deliberate restraint on its mandated programs and extensively utilize the fiscal note statute identifying local government costs on any new mandated programs. n E-2 FUNDING SHIFTS The Minnesota House of Representatives Research Department annually prepares Major State Aids and Taxes: A Comparative Analysis. The statistics for 1985 - 1995 show an imbalance of state revenues collected and aids and credits distributed between the metropolitan and outstate areas. Around 65 % of the State Revenue is collected in the metropolitan area while only about 47.9 % (up .4 % from 1994) of the aids and credits are redistributed in the metro area. In 1995 there was $.59 returned in aids and credits for each dollar collected in the metro area (down 1 cent from 1994) whereas, there was $1.19 returned per $1.00 collected in greater Minnesota (down 5 cents from 1994). The trend in the past four years has been slightly in favor of the metro area but there is still a vast imbalance in favor of outstate distribution per amount collected. If the imbalance continues, state tax and aid policies may jeopardize the future economic growth of the metro area to the detriment of the whole state. The AMM requests the legislature to continue to reduce the imbalance of aids versus revenue between metro and outstate cities and to consider how this distribution of resources effects the economic growth and vitality of the metro area and thus the entire state. E-3 STATE REVENUE STABILITY The AMM has consistently supported a state reserve fund to deal with unanticipated economic changes that could result in mid year cuts to various city aid programs, and to provide cash flow balances so that short term borrowing is unnecessary. It seems prudent to develop a mid term correction or unallotment process that does not penalize any one segment of the state budget recipients over another segment if the economy drops beyond a reasonable reserve balance. The AMM supports a continued state fund to provide for state budget cash flow needs and a reserve for unexpected budget shortfalls due to economic downturns. The AMM also encourages the legislature to adopt a uniform across the board unallotment process for major economic downturns. E-4 CITY REVENUE STABILITY AND FUND BALANCE Cities need substantial cash balances on hand to operate for the first six months of the fiscal/calendar year until the first property tax receipts are paid in June and/or state aid is paid in July. The alternative to an operating fund balance would be to engage in costly borrowing which is not in the best interest of local tax payers or the state. Many cities accumulate over a period of years capital funds for fire engines, public works vehicles, etc. to save taxpayer dollars in interest costs. These funds may appear to be surplus reserves, but in reality are savings accounts for major purchases. Cities need to maintain some fund balance to meet emergency expenditures created by natural 7 disasters, lawsuits, vital equipment breakdown and even unexpected mid year aid cuts. Finally bond rating firms require liquidity and a demonstrated ability to pay debt in order to receive a favorable bond rating which will in the long run save property tax dollars. The legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain fiscal viability to meet unexpected or emergency resource needs of city governments, to purchase capital goods and infrastructure, provide adequate cash flow and to maintain high level bond ratings. E-5 SALES TAX ON LOCAL GOVERNMENT PURCHASES In 1992, the Legislature repealed the sales tax exemption for local government purchases. This action increased the costs for local governments and local property taxes by an estimated $76.8 million for the states 1997 fiscal year. This repeal has effectively increased local property taxes to finance state operations. The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids to restore the mandated property tax increase from 1992. I -F LOCAL PERFORMANCE AID The 1996 Legislature created the local performance aid program. The legislation was vague, the program was partially funded by cuts in HACA and the requirements for applying for the aid could become an onerous mandate on cities. Cities do performance measurement and participate in joint powers to more effectively and efficiently provide services. There is no way that the state can establish performance or efficiency criteria that is relevant for and applicable to 855 cities ranging in size from 3 or 4 persons to 370,000 persons. The AMM opposes the Local Performance Aid Program. If a local performance aid program is mandated, then a new source of funds other than existing LGA or HACA should be provided. I -G PRICE OF GOVERNMENT The price of government legislation enacted in 1994 was intended to measure the overall effect of state and local taxation over a long period of time. The targets measure government revenues as a percent of personal income and are intended to be used as long range fiscal planning tools for the state. Unfortunately the price of government targets are being misused by several organizations to call for arbitrary reductions in local spending. The price of government calculation as regards local governments should be based on (1) changes in the sum of levy and state aids, and (2) examination of long term trends, not single year events. In addition consideration should be given to service provision transfers between governmental units, increase demand for services by citizens, and legislative mandates or tax rate changes. I -H FISCAL DISPARITY FUND DISTRIBUTION Fiscal Disparities (F.D.) is a fiscal tool that shares Commercial/Industrial property value for tax purposes in the seven -county metropolitan area. Its primary purpose is to help equalize, to some degree, the property tax wealth among the cities by sharing part of the growth in communities experiencing significant growth with those experiencing little growth. A secondary aspect is it tends toward equalizing taxes on similar C/I properties in various communities. Recently suggestions have been raised to use a percentage of the fiscal disparities funds for specific social or other programs in the metropolitan area. Because of the way F.D. is calculated, this would amount to a hidden property tax increase across the metropolitan area that impacts the property tax poorer cities the most. Fiscal disparities distribution is applied after levy certification so the property tax increase is automatic, not discretionary at the local level. Therefore, The AMM opposes use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan -wide property tax increase hidden from the public with an excessive impact on communities with lower property wealth. I -I TAXATION OF MUNICIPAL BOND INTEREST The state law that grants a tax exemption for municipal bond interest is being reviewed and could be repealed. A repeal of this exemption will raise borrowing costs for cities at a time when budgets are extremely tight and property tax increases are unacceptable to the taxpayer. The state should maintain the tax exemption for municipal bond interest income. I -J STATE OR METROPOLITAN IMPOSED FEE FOR SERVICE The 1993 legislature adopted a $5.21 fee for each municipal water hook up to pay for federally mandated water well testing. Local officials/cities were mandated to impose the fee and accept responsibility. It was not however imposed on trailer parks and certain other private interests. It has been reported that the fee has raised excess funds which were deposited in the state general fund. In addition, the Metropolitan Council recently considered adding a surcharge on sewer charges billed to cities to augment cutbacks in transit funding. The AMM strongly opposed this proposal and it was abandoned. 9 The AMM opposes the state or metropolitan council mandating fees in a manner that forces city officials to be held as the responsible culprits in levying and explaining the purpose. The AMM also opposes fees that are not spread equitably to all and opposes over collection or use of a revenue generated for a specific purpose or from a specific enterprise to be used for other government expenses. I -K PERSONAL PROPERTY TAXATION - ELECTRIC UTILITY Discussion regarding possible deregulation of the electric power industry has centered on electric utility taxation. Proponents of deregulation assert that if effective free market competition is to replace governmental regulation, state tax policy must be changed to "level the playing field" or ensure competitive parity. The Investor Owned Utilities (IOUs) view attached machinery or personal property tax as barriers to competitive parity arguing that it places them at a competitive disadvantage. Similarly, co-ops pay the tax on some of their property and municipals make substantial payments in lieu of taxes. However, accurate comparisons of tax burden are difficult, as other states use different taxing systems. Utility personal property can be a significant portion of the local tax base in all cities. Most obviously affected are cities that have power plants; however, transmission and distribution equipment account for over half of the personal property taxes paid by the IOUs and exist in nearly every city. In addition, personal property tax is a significant portion of the metropolitan fiscal disparities pool redistributed to all Metro area local taxing districts. Replacing the revenue that would be lost to cities, counties, school districts and other local taxing jurisdictions is a stated goal of the IOUs; however, the mechanics and funding sources of such a replacement revenue would be difficult to develop and administer, and could be subject to reductions or elimination over time. Furthermore, replacement revenues or aids may not fully address the problems created by a large tax base reduction. AMM opposes proposals for exempting the IOUs from the personal property tax. Under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for IOUs. 10 II GENERAL LEGISLATION H -A MANDATES AND LOCAL AUTHORITY The AMM has for many years opposed statutory changes that erode local authority or mandate activities which cost money to implement unless there is a direct state appropriation or provision to recover the costs. Unfunded mandated programs impact the ability of cities to provide the traditional services of public safety, snowplowing, street maintenance, etc. and in some cases cause a reduction of these services. The AMM opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. H -B PUBLIC RIGHT-OF-WAY Legislation was passed in the 1997 session that basically upheld cities rights to maintain jurisdiction over public rights-of-way and to receive compensation for damage. The League of Minnesota Cities (LMC) is continuing efforts to work with the PUC, which was directed to establish statewide criteria, to arrive at fair and equitable standards to protect the publics interest. The AMM supports the continued effort of the LMC to protect the authority of cities to maintain jurisdiction over municipal public rights-of-way, to establish relevant criteria and to obtain reasonable compensation for its degredation. H -C COUNTY PLAT APPROVAL AUTHORITY Current law generally grants cities the authority to approve proposed plats as part of their police power responsibilities for regulating development. Certain counties want legislative authorization to approve proposed plats which are contiguous with existing or proposed county roads. An informal process of county review with the opportunity to offer comments and suggestions for improvement is an appropriate cooperative mechanism which is already in place and working well in some areas of the state. Cities oppose extending county authority over plat approval. While counties have a valid interest in proposed plat decisions, this does not warrant a transfer of approval authority. 13 II -D POLICE AND FIRE PENSION PROVISIONS Local police and full-time fire relief associations were phased out by the 1980 legislature unless the local council opts to keep the relief association. All new employees will become part of the state police and fire PERA fund and the state will reimburse local units for a portion of the unfunded liability remaining in the local fund. Also, 1979 Law set employee contributions at 8 % and the Legislative Retirement Commission has in the past established a general policy requiring public safety employees to pay 40% of the normal pension costs. D-1 AMORTIZATION AID The AMM opposes legislation that provides for reductions of state amortization aid to local police and fire relief associations. D-2 EMPLOYEE CONTRIBUTION AMOUNT Even though the employee contribution amount was set at 810, in many funds this is not equivalent to 40% of the normal costs. The AMM urges that the contribution level be set at 40% of the normal cost of financing the benefits even if this amount exceeds 8% of base salary. D-3 BENEFIT INCREASES The AMM opposes any benefit increases for local police and fire relief associations unless an increase, including any resulting deficit, is financed 50% by the employing city and 50% by employees on a current basis. D-4 ASSUMPTION CHANGES The AMM supports changes in actuarial assumptions relating to salaries and investment return to more truly reflect experiences. The AMM opposes payment of any type of bonus to active or retired members (13th Check) as a part of actuarial assumption changes. II -E 911 TELEPHONE TAX The Department of Administration has the authority to impose up to a 30 cent fee per month per telephone line to offset the ongoing maintenance costs for 911 service for the 90 plus phone companies in the state providing at least a basic service. The current fee is 22 cents but will be increased for 800 MHz by 4 cents in July 1997. There has been some pressure to increase the fee beyond the 30 cent level to provide outstate enhancements. The AMM supports the current 911 access fee and use of that fee for enhanced upgrade 14 and other costs but any fee granted in excess of 30 cents per line per month should be returned to the municipality where collected. II -F 800 MHz RADIO SYSTEM The 1995 Legislature authorized implementation of a Metropolitan 800 MHz Radio System and created a governing board as well as identifying funding sources. It followed criteria put forth by the AMM to ensure that cities would have complete control of when or if they became a part of the system while insuring continued uninterrupted public safety service and fees levied only for locally occurring costs at the time of participation. The 1996 and 1997 Legislatures provided more funding (both directly and in the form of sales tax relief) to provide for the implementation of the basic backbone system. A major remaining problem is funding for local governments who want to consider joining the system. The AMM will support the continuation of the Metropolitan 800 MHz Radio system legislation and board as long as the following criteria are part of the implementation: • Cities should not be forced to modify their current systems, purchase new equipment prematurely, or become part of the 800 MHz Radio system until they so choose; • The system should provide a phased transition so that there is guaranteed uninterrupted service; • The system should be technically capable of allowing communities the flexibility to form various coordinated arrangements for dispatching and service provision; and • The governance body for 800 MHz should continue to be representative of entities/users that ultimately must bear the cost but should not be dominated by any one group. Since there are both regional and local benefits to local government units joining the system, the AMM urges the Regional Radio Board to seek a state appropriation to assist local units of government in joining the system. II -G PERMIT APPROVAL - ZONING Current law requires final city action within 60 days of an application or 120 days if the applicant is notified prior to the end of the first 60 days. However, if a decision on the application is not made within the time limit, the application is automatically approved. In the case of a rezoning which requires a super majority, i.e. 4 of 5 council votes, the new permit approval deadline has created a loophole to the zoning statute. If only 3 of 5 council members 15 support the rezoning, they can simply table the application until time has expired and it then is automatically approved by a simple majority; thus, subverting the zoning statute. The permit approval statute delineating time limit requirements should be modified so that in the case of a rezoning application, a motion to table that extends action beyond the 60 or 120 day time requirement constitutes a denial not an approval in order to uphold the super majority requirement of the zoning statute. II -H ELECTIONS - ALLEY SYSTEM AUTHORITY In order to create a more democratic process that ensures candidates are elected with a majority of votes cast, statutory cities should be permitted to adopt an alley system of filing for council seats. AMM supports permitting statutory cities to adopt an alley system for filing for city council seats. 16 III Housing and Economic Development Pages 17-30 17 III HOUSING AND ECONOMIC DEVELOPMENT A HOUSING AND NEIGHBORHOODS The distribution and availability of affordable housing throughout the metropolitan area is a continuing concern. All levels of government and the private sector, including non-profit groups, must work cooperatively to address this issue. Each player in the production of housing must contribute if the issues are to be addressed: The federal and state governments can best contribute by providing more direct financial assistance and by creating a tax climate conducive to the production and maintenance of affordable housing. The Metropolitan Council should continue to give high priority to housing planning and provide technical assistance and guidance to the public and private sectors so better decisions relative to present and future housing needs can be made. Local governments should not inhibit the production of affordable housing through excessive regulatory requirements. They should also work with the private sector, Minnesota Housing Finance Agency WFA) and the Metropolitan Council to make the best use of existing tools and programs which facilitate the production and maintenance of affordable housing. The private sector should work with government and the non-profit sector in an effort to increase the supply of affordable housing. The use of covenants, while generally desirable in improving the quality of development, should be scrutinized by private developers to ensure that they don't have the impact of undermining the creation of more affordable housing. Policy makers at all levels must become more cognizant of their actions, decisions and requirements which may have an undesirable impact on housing affordability. A-1 REGULATORY IMPACTS ON HOUSING COSTS Policies, programs and regulations of various levels of government and builder/developer practices can add unnecessarily to housing production costs. While these actions may appear to be worthwhile and beneficial, they may negatively impact the production of affordable housing. Examples include but are not limited to zoning and subdivision ordinances, growth policies, building and energy codes, environmental regulations and private covenants. 19 Local officials should periodically review regulations such as zoning and subdivision ordinances to ensure that they do not prohibit the production of affordable housing or become exclusionary. Regional and state officials should examine their current and pending regulations and policies, in areas such as SAC, growth policies; building and energy codes, environmental regulations and transportation policies, to determine if they can be modified to enhance the production of affordable and life cycle housing throughout the region. Developers/builders should work with local officials to encourage affordable and life cycle housing by not increasing housing costs through private covenants requiring amenities and standards which unnecessarily exceed Iocal and state requirements. A-2 MANDATORY LAND USE STANDARDS State -imposed uniform standards for housing style, type and lot size are not appropriate because of the great diversity among cities and differences within cities relative to density of development, topography, age of housing stock, the mix of housing values and the level of municipal services. The legislature should not mandate uniform zoning and subdivision standards or remove additional land use regulation authority from local units of government. Cities should retain the authority to regulate the location, size, amount and type of housing within their boundaries. No legislative initiative is needed. Cities do: have a responsibility, however, to encourage affordable and life -cycle housing opportunities. A-3 STATE HOUSING POLICY AND FINANCIAL ASSISTANCE The state must continue to be an active participant in providing funding for housing needs. Allocation of state resources should be based on a statewide'housing policy formulated in conjunction with regional and local governments to address -local housing needs. Financing strategies must be devised which carry out the long-range goals of providing and maintaining affordable and life cycle housing in rural and urban Minnesota. The state can best contribute to the affordable and life cycle housing supply by: Providing direct funding in the form of grants and loans from state -derived revenues. Consolidating many of the existing small MHFA=programs into a larger pool with more flexible criteria and guidelines for use, thereby decreasing administrative costs ME of applying for and administering such programs at the local level. • Setting general policy priorities for use of state funds based on the state housing policy which can be accessed by local, non-profit and for-profit developers based on their specific activities. • Collaborating with the Metropolitan Council to provide technical assistance and information about state and federal housing funding programs, as well as providing easier access to these programs. • Aligning income/sales price limits of MHFA programs with Livable Communities Criteria where possible. • Providing incentives through the state tax policy to benefit the maintenance and production of affordable and life cycle housing. Incentives to be considered but not limited to: (1) Sales tax exemption for the construction and operation of low income housing by public agencies. (2) A state low income housing tax credit. (3) Removal of local housing authority levy limits. (4) Exempting the state deed and mortgage transfer tax exemption for public agencies. Defining a qualified housing district to include affordable owner occupied housing of which, at least half meets the guidelines of the livable communities act or statewide moderate income housing limits, whichever applies. Recognizing that preservation of existing housing stock is a fundamental and cost effective means to promote and retain affordable and life cycle housing. Funding for housing programs should include rehabilitation and restoration, as well as new construction. A-4 METROPOLITAN HOUSING POLICY The regional housing policy plan should be consistent with the Regional Blueprint and take into account the essential linkages between housing, jobs and job training opportunities, transportation and human service needs of low income residents. 21 The Metropolitan Council, should continue to provide market analysis and up-to-date data on regional and local housing affordability needs and trends in the metropolitan area so rational decisions about future housing needs can be made. The housing policy must consider the linkages between housing, jobs and training, transportation and human service needs as set forth in the Regional Blueprint and the Livable Communities Act. The Metropolitan Council should examine its growth management strategy to better determine its effect on municipalities' ability to meet affordable housing goals. The Livable Communities program was established to offer incentives to cities to preserve and develop affordable and life cycle housing. Program funding is offered as an incentive for cities to pursue the goals established by the Livable Communities legislation. The policies of the Metropolitan Council regarding the award of funding under Livable Communities should not be based on the acceptance or rejection by the community of specific housing programs, but rather on the degree to which the application in question will help the city meet its stated housing goals in its action plan. Communities should not be required to expand or reduce their approved Housing Action Plan goals to obtain Livable Communities funding. Major changes to the Livable Communities Act should not be made until the evaluation and report mandated by MS 473.254, section 6 has been completed. A-5 LOCAL HOUSING POLICY Housing needs vary among cities in the metropolitan area. Some cities need more housing for low income persons while other cities need more upscale housing to retain and/or attract more moderate to upper income persons. Cities should retain authority to promote housing types which are in their best interest, while at the same time encourage life -cycle housing opportunities for households of all income levels to meet regional goals. Cities need to have great flexibility in financing their housing goals if they are to meet the intent of the Metropolitan Land Planning and Livable Communities Acts. Cities must retain sufficient authority and flexibility to conduct and finance housing programs that meet their individual housing needs within a regional context. Local funds can be used to leverage federal, state and metropolitan resources when they meet common policy goals. Cities should avail themselves of the resources provided through the Livable Communities Act and the MHFA programs. A-6 NEIGHBORHOOD LIVABILITY Rapidly evolving social, demographic, economic and behavioral changes are converging on many cities and creating new challenges that exceed cities': capacity to deal effectively with their new environments. 22 The challenges cities face, such as deteriorating neighborhoods, crime and drugs, need the cooperative efforts of public, private and business interests to solve. The problems continue to grow though cities have taken efforts to face these challenges. Cities should take the lead through working with other appropriate groups and agencies in the development of local and regional strategies that will assist in addressing complex and growing neighborhood problems. These strategies should recognize that the physical and structural condition of the neighborhood is inextricably interrelated with the social welfare of the neighborhood and the educational and economic opportunities available to residents. Where legislation is directed to assist low income individuals and children in poverty, legislators must recognize the need for linkages between housing and human services, jobs and training, health care transportation, and educational opportunities. When the legislature considers low income programs, it should treat these activities in a comprehensive manner. The legislature should enact necessary legislation to identify and eliminate barriers that would act to deter individuals from achieving their goal of economic and personal success for themselves and/or their family. Current state law makes it difficult for income -based benefit providers to share eligibility information. The Data Practices Act should be modified to allow such sharing of information when fraud is suspected or to determine program eligibility. A-7 STATE AND/OR COUNTY LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) Residential -based facilities (group homes) should not be concentrated. Over -concentration of such facilities could have a negative impact on the community and on facility residents. Cities have a responsibility to welcome such facilities on a fair share and rational basis. The AMM also believes that the state must ensure that residents living in residential -based facilities receive appropriate care and supervision relative to their disability or need to be housed in a group facility. The state's de -institutionalization policy is directly linked to the need for more residential -based care facilities in cities and the responsibility of the state to provide sufficient funding to ensure adequate care and supervision of the residents placed in such facilities. The following principles should be in law or rule to regulate residential -based facilities: State and county agencies must provide timely notification to cities of the status of facility license requests and renewals and provide adequate opportunity to respond. 23 Cities must also be aware of the special care needed by residents of such facilities in case of public safety emergencies. Clustering of community residential facilities because of economic, geographic or other factors should be avoided. Standards of non -concentration for state or county -issued RFPs should be established. There must be an ongoing screening process, particularly in the corrections area, to ensure that persons placed in a residential facility will benefit from such an environment and will not be a danger to themselves or others. The licensing authority must be responsible for removing any persons found incapable of living peacefully in such an environment. Facilities licensed by the corrections department should not be exempt from reasonable local land use regulations. A fair share concept should be considered within the metropolitan area. However, this concept should consider other factors including` transportation facilities, jobs availability and other needed support services. The licensing authority and/or legislature should allow cities to participate in the search for facility locations in order to meet the needs of the providers, facility residents and the neighborhood. A-8 RESIDENTIAL NON -HOMESTEAD PROPERTY TAX RELIEF Residential non -homestead properties (1 to 3 units) are in need of property tax relief. This is particularly true of duplexes and triplexes, which did not enjoy the same amount of property tax relief in the 1997 tax bill as did single unit rental property. There is no policy rationale for distinguishing between single unit rental, duplexes, and triplexes; therefore, these types of property should be taxed alike. Eliminating the distinction between single unit rental, duplexes, and triplexes will simplify the property tax system by eliminating a class of property. However, granting rental property all the tax advantages of homesteaded property will encourage increased rentership and decreased homeownership and will have a destabilizing impact upon Minnesota cities. Homestead property should continue to enjoy preferential tax treatment relative to other classes of property. Under no circumstance should the class rate applied to residential non -homestead property be less than the class rate that is applied to second tier homestead property. The AMM supports combining all 1, 2 and 3 unit non -homestead residential property into a single class of property with a single class rate. The AMM supports maintaining the property tax class rate distinction between homestead and rental property. W III -B ECONOMIC DEVELOPMENT All communities address economic development through their local land use regulations, with each city striving for "orderly development. " However, metropolitan communities have varied development needs. Economic development is not just a matter -of a greater tax base for the community, but requires tools that promote, regulate and service the development. Economic development is promoted through housing and redevelopment authorities, economic development authorities, port authorities, TIF, revenue and general obligation bonds and the Star Cities program. Comprehensive plans and land use controls serve as regulators and water, sewer, streets and other municipal services are important components of economic development. B-1 ECONOMIC DEVELOPMENT RESPONSIBILITIES Cities are the primary units of government responsible for economic development and redevelopment. They require adequate fiscal tools to address these issues in a timely and effective way. The state should acknowledge the valuable role cities play in developing and maintaining the economic health of the state. A state economic development strategy should be developed through the process established by Laws 1997, Chapter 202 which promotes job creation and retention; fosters redevelopment to eliminate blight and decay; assists the clean up of polluted lands and provides adequate housing opportunities. In partnership with the state, cities should be charged with locally administering an economic development policy created by the legislature and governor through local economic development plans or policies. The state should acknowledge cities as the primary units of government responsible for implementing these strategies and land use controls. Additional tools should be developed for cities to accomplish these objectives. B-2 EQUAL TREATMENT OF CITIES All cities regardless of size or location should be treated fairly with respect to state authorized and funded economic development programs. New or revised programs designed to address specific economic circumstances within cities or counties should use problem definition as the criteria for participation rather than geographic location, size of city, class, etc. 25 B-3 TAX INCREMENT FINANCING (TIF) TIF has enabled cities to plan and successfully carry out housing, economic development, pollution cleanup and redevelopment projects and has been the main tool available to cities to curb the spread of blight and support economic development. Although changes made during the 1995 and 1997 Sessions make the tool more usable, TIF authority over the years, has been seriously limited, reducing the ability of cities to engage in needed development and redevelopment. The state should acknowledge cities as the primary governmental unit responsible for economic development; which includes the creation and retention ofjobs, growth of the state's economy, elimination of blight and decay, development of affordable rental and owner -occupied housing and clean-up of contaminated soils. TIF is a proven tool for fulfilling these needs and examples of positive uses abound. The state should partner with cities in their economic development and redevelopment efforts thereby reducing the competitive advantage enjoyed by cities in adjacent states who have more economic development tools. The AMM opposes further restrictive changes to tax increment statutes, and supports making the following changes if 1998 becomes a year for major changes in TIF policy: • Allow districts approved after April 1, 1990 to pool increments for affordable housing or pollution remediation. • Require the Department of Revenue's definition of tax increment to be consistent with the statutory definition of tax increment. • Eliminate the Local Government Aid (LGA) and Homestead and Agricultural Credit Aid (HACA) penalty currently imposed on newly created districts or allow an exception from levy limits. Also remove the restrictions on the source of payment if the penalty is not eliminated. • Remove existing restrictions to property included in a deferred assessment program within the last five years (e.g. green acres). • Remove the LGA/HACA penalty imposed on Housing TIF Districts that were established during the penalty years of 1990 through 1993. • Exempt redevelopment districts from the "five year rule." B-4 RESPONSIBLE USE OF TIF The state has imposed restrictions on the use of TIF partially because of the perception that it causes unnecessary competition between individual cities and regions of the state. There is also 26 a perception that cities are played against each other when developers consider projects and development which would take place without TIF. Some counties and school districts also feel they should become more involved in the decision making process. The review and comment requirements of the current TIF law should continue to be used to educate other local governments about proposed development projects. Counties and school districts should respond to these overtures for evaluation and participation and take advantage of all available informational opportunities. Cities alone should be authorized to approve city initiated TIF Districts since it is cities who assume the financial risk. B-5 PROPERTY TAX REFORM IMPACT ON TIF Future property tax changes which include additional class rate compression or property tax exemption for investor owned utilities would have significant negative impacts on existing TIF districts. The AMM will support only property tax change proposals that include provisions to hold harmless existing tax increment financing districts or which provide sufficient state resources so that local TIF obligations can be met. Additionally, if the $2 million appropriated in 1997 is insufficient to cover deficits caused by the 1997 class rate changes, the legislature should provide additional resources so that TIF obligations can be met. B-6 OTHER DEVELOPMENT TOOLS Minnesota cities have the primary governmental responsibility for economic development, but additional tools are necessary to carry out that responsibility. Prior to 1997, Tax Increment Financing (TIF) has been the major tool even though its effectiveness has been diminished by legislative actions in recent years. The 1997 Legislature authorized local units of government property tax abatement authority as an additional tool even though it was not requested by local government. The legislature should exempt tax abatement projects from the levy limit restrictions imposed in 1997 to make tax abatement an effective tool. It must be understood by the legislature that tax abatement authority is not a replacement for TIF. The Minnesota Investment Fund grant program should be continued in future bienniums. The state and federal funds that support this program should also be spread over the year to ensure projects across the state have access to the grants. 27 B-7 DEVELOPMENT OF POLLUTED LANDS Most Minnesota cities have polluted land sites within -their boundaries that remain unused or underdeveloped because of obstacles preventing clean up and reuse. Among the roadblocks are liability issues and up -front costs of clean-up. Developers and Financiers are reluctant to expose themselves to such liability and clean-up costs often exceed the value of the land despite incentives for private sector intervention. Public sector subsidy is critical. The Legislature passed several measures during the last few sessions to help deal with the polluted lands problem including: The 1992 Land Recycling Act which was designed to promote the transfer and reuse of contaminated land by offering an exemption from liability to those who are not otherwise liable and voluntarily clean up a site. The 1993 Tax Act which made a step toward developing a pollution clean-up program and acknowledged that TIF is an appropriate tool to provide a portion of the funding. The 1995 Livable Communities Act which can provide about $7.0 million annually in grants for clean-up in the metropolitan area and reduces the local match for the Department of Trade and Economic Development (DTED) clean-up grants from 18 percent to 12 percent and allows the regional funds to be used as part of the local match. The Minnesota Superfund law was amended to authorize the Minnesota Pollution Control Agency (MPCA) to consider the planned use of property when determining appropriate clean-up standards. The 1997 Legislature appropriated $7 million to DTED for the statewide clean-up program of which up to two-thirds can be used in the metropolitan area and $6.2 million from the Petrofund to DTED to be used to clean up petroleum related contamination. The legislature should continue its strong commitment to polluted lands clean-up by: • Continuing the DTED clean-up grant program and increase funding substantially in future bienniums based on need and demand. • Allowing the existing clean-up tools to continue operating. • Requiring that condemnation commissioners consider the cost of correcting pollution problems in determining the final value of property. • Establishing an indemnification fund to provide financial security for institutions and individuals as they invest in projects to recycle contaminated sites in order to 28 leverage private investment in cities' efforts to increase their tax base and create jobs. Eliminating the requirement to match a portion of the clean-up grant program with local general funds. The Metropolitan Council should also continue its strong commitment to implementing its Regional Blueprint policies (revitalization of the urban core, compact development, containing sprawl, etc.) by levying the maximum allowed yearly for the tax base revitalization account of the LCA. B-8 REDEVELOPMENT NEEDS Many communities are faced with the unique circumstances of deteriorating and obsolete structures in neighborhoods and downtowns and a lack of land for development. Redevelopment activities usually require significant up front financing to address multi -phased projects of extensive duration where site assemblage, demolition, relocation must occur in addition to pollution clean-up before private -sector interest can be generated. The lack of a coherent statewide policy and the State's unwillingness thus far to provide direct financial support for redevelopment has and will continue to contribute to the further deterioration of the urban tax and job base and exacerbate sprawl. The State should make a financial commitment to invest in redevelopment projects including an adequately funded program to allow development authorities to gain control of and develop formerly contaminated sites, pursuant to local plans and priorities. B-9 WELFARE REFORM/WORKFORCE READINESS In many instances, cities that have conducted aggressive, successful economic development programs, have ascertained a problem with respect to the availability of qualified, work -ready employees for their new and/or expanding companies. The "heated" economy and the low unemployment rate, has exacerbated this situation. In many instances, the lack of available, qualified employees has negated or curtailed communities otherwise promising economic development efforts. The state should continue funding employee training programs such as The Pathways program and the Job Training Partnership Act. Cities can serve as a catalyst in working with other public sector entities and the private sector to address workforce issues. 29 B-10 BUILDING PERMIT FEE SURCHARGE Local units of government levy a half -percent surcharge on building permits which is paid to the state to operate the state Building Codes and Standards Division. Until the 1991 Legislature changed the law at the request of the governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for building officials training and continuing education costs. Local units of government are facing tough financial times and need every available resource, especially that which could be considered local money. The AMM recommends reinstating the language providing that unused building permit surcharge fees in excess of state building code division costs be returned to cities. B-11 LIVABLE WAGE POLICY The 1995 Legislature adopted an amendment that requires a business that receives state or local government assistance for economic development or job growth purposes must create a net increase of jobs in Minnesota within two years of receiving the assistance. If the job and wage goals are not met, the business must repay the assistance. Assistance is defined to mean a loan or grant in excess of $25,000 or TIF. Annual reports to DTED are also mandated. The amendment basically requires a net increase in jobs for any type of public economic assistance. Because the act does not specify the type of TIF district, it is assumed that all types of districts, including housing districts, must retain a business and prevent relocation of that business. The AMM recommends that the current law be amended to incorporate the following: • A business be defined as an industrial entity and a for-profit corporation. • Assistance be a loan or grant equal to or greater than $250,000. TIF, for purposes of this act should not be considered assistance if used for housing, redevelopment, or renewal districts. • Assistance may be used to retain and/or increase the number of jobs. • The state or local government providing the assistance be authorized to establish by agreement with the business the wage and job goals, as well as the means to repay the assistance or another remedy to satisfy the goals. R11 IV Metropolitan Governance Structure & Issues Pages 31-48 31 IV METROPOLITAN GOVERNANCE STRUCTURE AND ISSUES IV METROPOLITAN GOVERNANCE There are certain issues, concerns and problems which because of their complexity or breadth encompass the entire metropolitan area and can not be dealt with by a single local government or through a combination of local units. The region needs to deal with these regional issues through a regional governance structure which acts in cooperation with and as a partner with local units of .government and officials. IV -A PURPOSE OF METROPOLITAN GOVERNANCE STRUCTURE The diversity in demographics and political subdivisions within our metropolitan area result in the need for planning on a metropolitan basis which must be done in cooperation with local government. There is also a need for a regional service delivery system to provide certain services or portions of services to most effectively and efficiently address the needs of the metropolitan area. The AMM affirms its support for the existence of a metropolitan governance system to deal with appropriate regional issues and concerns. The purposes of the metropolitan governance system should be to facilitate region -wide planning with the cooperation and consideration of the affected local governmental units; to provide certain region -wide services that do not duplicate those that can be provided by local governmental units, either individually or jointly; and to fulfill other specific responsibilities mandated by the state and federal governments. IV -B CRITERIA FOR EXTENSION OF METROPOLITAN GOVERNANCE AUTHORITY Executive, legislative or self directed initiatives to expand responsibility or authority of the Metropolitan Governance System must be carefully considered and limited in focus with indepth review by all those impacted by the proposed expansion. The legislature, if granting the metropolitan governance structure additional responsibility or authority, should be specific in the grant. Expansion or extension of authority should be considered only when one or more of the following conditions exist: The service, function, or activity has been shown to be needed and it can be demonstrated that it cannot or is not being effectively or efficiently provided through existing general purpose units of government; 33 The service, function, or activity is not an appropriate state level or local government level activity or function, Regional intervention is needed for protection of the region's investment in an existing metropolitan system. IV -C METROPOLITAN GOVERNANCE STRUCTURE AND FUNDING The Metropolitan Council was created in 1967 to coordinate "the planning and development" of the Metropolitan Area. The Council was mostly advisory, but was given responsibility for regional policy development and coordination in the areas of wastewater treatment, transportation and airports. The Council was given limited approval authority for development proposals which were of metropolitan (regional) significance but was not given direct operational authority. The Metropolitan Council's responsibility has been expanded over the years and was given direct operational responsibility for regional transit and wastewater treatment in 1994. C-1 RESTRUCTURING OF METROPOLITAN AGENCIES In 1994 the Legislature eliminated the Regional Transit Board (RTB), the Metropolitan Transit Commission (MTC) and the Metropolitan Waste Control Commission (MWCC) as freestanding agencies but there are still separate agencies for sports facilities and airports. There is a great deal of discussion as to how accountable the governance structure is. The AMM recommends: Removing the metropolitan sports facilities commission as a metropolitan agency if it continues in its present form, since the back-up tax liability is limited to one city which also appoints all commissioners except the chair, contingent upon its divestiture of lands and properties in cities not responsible for the back-up tax. If new sports facilities are built using financing that requires revenues from communities other than the City of Minneapolis, or would potentially impose tax liabilities on other communities, the agency should be restructured to ensure representation of all communities that are affected. Clarifying the status of the Metropolitan Airports Commission (MAC) so that it either becomes a metropolitan agency or a state directed agency. If the back up property tax remains limited to the seven county metropolitan area then its membership should come from the metropolitan area. If the back up property tax is made state wide then the MAC should have statewide representation. 34 The Advisory Council on Local Governments should study the governance structure of the MAC. C-2 FUNDING FOR REGIONALLY PROVIDED SERVICES The funding for the Metropolitan Council and it's regionally provided services is a combination of property taxes, user fees and federal and state grants. There have been discussions to replace these multiple sources with a single new revenue source. The AMM believes it is appropriate to continue to fund the regional services and activities by the existing combination of user fees, property taxes, state and federal grants. The AMM believes this method provides better visibility of expenditures by the "payers" and therefore opposes the imposition of a single new source to replace the present funding sources. The AMM also believes that the linkage between revenues and expenditures for each service should remain visible by function at the regional level. C-3 REGIONAL TAX RATES AND USER FEES The Legislature controls the taxing authority of the Metropolitan Council and the Metropolitan Airports Commission (MAC) and it should continue to do so. User fees are determined by the Metropolitan entity collecting the fees. The setting of user fees and the process for setting or changing fees has generally not been considered a problem except for isolated cases. The AMM�believes: • User fees for regional services should not be dictated by the legislature but should be determined by the entities collecting the fees. • 1 All fees should be consistent with regional system plans and goals. • An open visible process/procedure should be employed for user fee rate changes when changes are proposed in order to ensure public notice and opportunity for input. • A clear linkage between revenue and service should be maintained. IV -D COMPREHENSIVE LAND USE PLANNING/GROWTH MANAGEMENT Land use planning and regulation in the metropolitan area is mostly governed by the statewide municipal planning act (M.S. 462) and the Metropolitan Land Planning Act (M.S. 473). While not a perfect framework, the guidelines and requirements in these laws have worked reasonably well for the affected entities. There is a perception, however, that existing planning law and resource availability might not be adequate to deal with current planning and 35 development issues facing this state, region and local units of government. The community based planning act passed in the 1997 session may help but it may need to be strengthened to deal with the area immediately adjacent to the seven county metropolitan area. There is also room for improvement in the relationships and interactions between the Metropolitan Council and local governments. D-1 COORDINATION OF LOCAL AND REGIONAL PLANS Planning is an ongoing process, and several precepts should be kept in mind by local units of government, Metropolitan Council and the state as this metropolitan planning process continues. • The regional investment in metropolitan physical service systems; transportation, wastewater treatment, airports, and park and open space, should continue to be protected by preventing adverse impact on these systems due to lack of integration and coordination between regional and local planning. • Designation of other regional plans as metropolitan systems plans should not be made unless there is a compelling metropolitan area wide problem or concern that can best be addressed through a regional system designation. • Local governments must recognize the authority of the Metropolitan Council to plan for the regional systems; and the Metropolitan Council must recognize the authority of local governments to plan for their communities so long as the regional systems are not jeopardized. • Local officials must have effective input into the regional planning process on an ongoing basis. In order to assure effective input, the Metropolitan Council should hold public hearings on all proposed amendments to the Metropolitan Development Guide. Adequate advance notice, including full text copies of all amendments, should be provided to all local governments. Following adoption of amendments, the Council should provide copies of the amended plan. Metropolitan system plans must be sufficiently specific in terms of locations, capacities, and timing to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which local plans will be judged for consistency. System plans should also clearly state the criteria that the Council will use to find that a local plan has a substantial impact on or contains a substantial departure from metropolitan system plans. Timely and effective local planning assistance should be available to cities, including, but not limited to: staff support; research and technical data; specific guidelines for interpreting policies; systems statements; and procedural criteria for the review and evaluation of plans and amendments. 36 Procedures for Metropolitan Council review of local plan amendments must: * Recognize that the Council does not "approve" local comprehensive plans, but rather only has authority to review and comment unless there is a substantial impact on or departure from the system plans; * Be established through an open dialog with local governments to maintain trust and communications between the Council and local governments, which in the past has included a public hearing process; * Be sensitive to local government's need to act on plan amendment and development applications within time constraints imposed by state law; * Provide for immediate effectuation of plan amendments which have no potential for substantial impact on systems plans; * Require the specific information needed for the Council to discharge its responsibilities under the law, but not prescribe content or format beyond what is specifically required by the Metropolitan Land Planning Act. D-2 METROPOLITAN COUNCIL FOCUS ON PLANNING The Metropolitan Council is a planning and operating agency and is also responsible for administering the Livable Communities Act. There is a concern that the Council is subordinating its visionary and long range planning, data collection, and research functions to its operational and administrative functions. The Council also needs capacity to deal with emerging issues in a timely manner as well as provide for the important linkage between transportation/transit, housing and economic development as delineated in its Regional Blueprint. The Council must ensure that its planning, research and data collection and dissemination functions are fulfilled in a timely manner and consistent with its statutory obligations. Cities will be unable to meet their planning mandates unless they receive the needed information and data from the Council in a timely manner. D-3 GROWTH MANAGEMENT STRATEGY State legislators, Metropolitan councilmembers, local officials and the public have expressed increased concern about the continued pattern of outward growth, or urban sprawl, in and beyond the seven county metropolitan area. Specific issues include constrained funding for expansion of regional systems, a desire to preserve the urban core, the need for affordable housing throughout the region, protection of agricultural uses, environmental impacts and a desire to promote development patterns consistent with maintenance of a viable public transportation system. 37 Studies have documented continued acceleration of often unplanned and uncontrolled growth in the next ring of counties surrounding the metropolitan area, including western Wisconsin. AMM members are concerned that imposing increased density requirements and increased regulation of growth within the seven counties covered by the Metropolitan Council, while leaving unaddressed the issue of exurban development outside the seven counties, will simply accelerate the trend of leap -frog development and make it more difficult to produce affordable housing. Similar issues, albeit on a smaller scale, are of concern to cities throughout Greater Minnesota, particularly the regional centers. The AMM strongly encourages the legislature to devise.effective methods of ensuring responsible and controlled development in counties surrounding the metropolitan area. A strengthened community based planning act may be the vehicle most appropriate to address these issues. Discussions should also be continued with officials in western Wisconsin to encourage their adoption of effective growth control measures. Further investment in transportation infrastructure to connect with Wisconsin should be contingent upon its implementation of such controls. The AMM also encourages the Metropolitan Council to continue its flexible guided growth policy regarding Metropolitan Urban Service Area (MUSA) expansion requests as outlined in the Regional Blueprint. However, the Metropolitan Council must recognize that until there are effective growth management strategies and tools beyond the metropolitan area, tightening of MUSA expansion criteria within the metropolitan area will cause one or more of the following: • Increased leap -frog development into adjacent counties and Wisconsin. • Increased housing costs within the metropolitan area. • Decreased economic growth due to increased development costs. • Increased development activity in the Rural Service Area. D-4 METROPOLITAN LAND PLANNING ACT IMPLEMENTATION Implementation of the Metropolitan Land Planning Act (MLPA) has an impact on city financial and human resources on an ongoing basis. Furthermore, the 1995 MLPA amendments sponsored by the Metropolitan Council created additional unfunded mandates for local units of government. The AMM has long opposed unfunded mandates and spoke to this issue before the Metropolitan Council and at several legislative hearings. The legislature in 1997 made it even more difficult to comply with mandated comprehensive plan updates by reinstating levy limits. The Metropolitan Council must consider and account for the capacity of and efforts by cities to produce and implement comprehensive plans as Council policies and systems statements are developed and adopted. All requirements for local plan preparation and implementation should be subject to fiscal impact evaluation before adoption and should be accompanied by meaningful financial assistance upon adoption. Due to its failure to provide funding and its reinstatement of levy limits the Legislature should do one or more of the following: Extend the deadline for completion of the comprehensive plan updates for at least one year Remove the prohibition of the Council approving local comprehensive plans after July 1, 1999 as contained in M.S. 473.1455 Fully fund the costs of updating the Local comprehensive plans or exempt the planning costs from the levy limits Additional planning mandates which create local costs to implement will be opposed by the AMM unless fully funded. D-5 LOCAL PLAN EAPLEMENTATION The Metropolitan Council has authority under the Metropolitan Land Planning Act (MLPA) to review and comment on local comprehensive plans. However, it does not have the authority to review local zoning ordinances and other "official controls" which implement the local plans. The MLPA has since its inception required the adoption of official controls that implement the plans, and that local governments not adopt official controls in conflict with the plan or that would permit activities in conflict with metropolitan systems plans. Later, legislation was passed that indicated that conflicting zoning would supersede the comprehensive plan. In 1995, the law was charged once again to require that by the end of 1998 local governments shall conform their official controls, including zoning, with their plans. The Metropolitan Council has indicated that there may be a need to find better ways to ensure that local planning decisions implement regional goals. They have suggested the establishment of a mechanism for appealing local decisions at a regional level. In addition to this suggestion, the Minnesota legislation directed the Advisory Council on Community -Based Planning to recommend related to the establishment of an alternative dispute resolution system. The comprehensive plan serves as a guide for the orderly development of a community, but should not be equivalent or identical to a zoning ordinance. Plans must be specific enough to be useful to guide local decision making, and to ensure compatibility of local decisions with regional system plans, but must not become a substitute for a zoning ordinance. 39 The local ability to control the fate and future development of a community through the statutory authority to zone has been traditionally and historically granted to local government. Local government zoning decisions should not be conditioned upon approvals by any government agency. Such delegation of local legislative authority would be inconsistent with local self determination and due process for landowners and citizens. The AMM is open to the use of alternative dispute resolution techniques prior to resorting to the court system for resolving land use disputes. Proper use of alternative dispute resolution has the potential to reduce costs and time needed to negotiate solutions to disagreements among citizens, developers, local governments and the Metropolitan Council. However, the AMM strongly opposes the creation of an appeals board that could supersede City planning or zoning decisions. IV -E METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS The Metropolitan Council, as restructured, is essentially a state agency with an annual operating budget exceeding 300 million dollars but unlike state agencies its budget is not subject to legislative approval. Therefore its annual budget document and supporting data must convey sufficient information so that the stakeholders can evaluate what services are being provided, at what cost, who pays and who benefits. E-1 BUDGET PROCESS The Metropolitan Council will face a continuing challenge in its budget process to provide the public with the appropriate information in a timely fashion so that the public can provide meaningful input and oversight. The Council should keep several principles in mind as it develops its annual budget for the restructured agency. Mandated and non -discretionary projects should be identified along with their funding sources and projects and activities which are discretionary but totally or mostly funded by state or federal funds should also be identified. Previous year's expenditures history for ongoing activities should also be provided. The annual budget should delineate the services formerly provided by the MWCC, MTC and RTB and the expenses and revenues for those services should be clearly identified and the linkages between expense and revenue maintained. Further, the funds or reserve funds raised for a particular service should not be used or co - mingled with the funds raised for any other service or activity. E-2 WORK PROGRAM EVALUATION The Council as a non -elected body and therefore not subject to "ballot box" accountability ox direct legislative oversight in its work program/budget development process, must take extra caution to ascertain the effectiveness and/or necessity of current and planned programs and services. The AMM believes that every major council program/priority should meet four tests: • The issue or problem being addressed is important to the well being of the region. • Council intervention or activity will produce a positive result. • Council effort or activity does not duplicate or serve as a substitute for a state level program or effort or what should be a state level activity. • Council is most appropriate agency to intervene or perform the activity. IV -F METROPOLITAN PARK AND OPEN SPACE FUNDING The Legislature established the Metropolitan Parks and Open Space System in 1974 and provided state/regional fiscal support for the acquisition and development of the System. However, the State and the Metropolitan area have failed to establish a long term stable financing plan for the Regional Park System. Failure to clearly define the role of regional parks within the State Park System has led to long term instability relative to the acquisition and development of regional parks and created significant funding concerns for implementing agencies. F-1 OPERATION AND MAINTENANCE FUNDING Regional parks within the Metropolitan area provide the same basic function as state parks provide in Greater Minnesota. The State does not fully acknowledge this similarity and does not provide an equitable amount of funding for the operation and maintenance of regional parks while covering 60 to 70 percent of the cost of state parks in Greater Minnesota. The Legislature and Governor should recognize the role of regional parks and provide appropriate funding to implementing agencies to assist them in the operation and maintenance of the regional parks and open space system. The state should provide 40 percent of the funding (statutory stated goal) to operate and maintain these facilities instead of less than 10 percent as has been recent practice. F-2 DEVELOPMENT/CAPITAL FUNDING The Legislature for the past several years has provided less than 25 percent of the funding requested for acquisition and development of regional parks by the Metropolitan Council. To allow for the orderly and planned development schedule for the regional parks and open space 41 system, the Metropolitan Council is using previously granted authority and is issuing regional bonds backed by a regional property tax to make up part of the shortage. The regional parks essentially serve the role of state parks in the metro area and should be funded accordingly. Therefore, issuing regional bonds inappropriately shifts the burden of regional park funding from the state to metropolitan area property taxpayers. Metro area tax payers are paying twice for state park service and this is not equitable. The Metropolitan Council should increase its efforts to obtain an equitable share of state funding in future legislative funding cycles. IV -G WATER RESOURCE MANAGEMENT Water is a critical resource for this metropolitan area and it is necessary to plan and manage this resource to assure adequate supply, safeguard the public health, provide recreational opportunities and enhance economic opportunities. Many levels of government have a vested interest in protecting and managing water resources in an environmentally and economically sound manner and therefore it is in the public interest to clearly delineate each level's responsibility to prevent duplication, overlap, and conflicting requirements. This delineation is particularly important to cities since they are the level that ultimately has the most "hands on" responsibility. The aspects of water resources which have received the most attention in recent years are surface water runoff, groundwater quality, water supply and water recharge areas (wetlands). There is an interrelationship among all of these systems and there is need for coordination in managing them effectively. Local units of government should retain the basic responsibility for water resources management because they are the level closest to the problems but may need to look to the state and the Metropolitan Council for financial assistance and technical expertise necessary to implement this responsibility. G-1 WATER SUPPLY The AMM is in general agreement with the Water Supply Act passed in the 1993 legislative session. The thrust of this legislation is to promote water conservation, require contingency plans for water emergencies and to promote long range planning for local water supplies. Additional legislation pertaining to local or regional water supply planning is not warranted. However if legislation is proposed, it should be based on the following principles: Local units should retain the basic responsibility for water supply planning and management as in current law. Additional mandates should be funded by the state. Potable water should not be designated a Regional System. (See policy D-1) The Metropolitan Council should continue its assessment of regional water supply, periodically report its findings, continue to evaluate water issues and provide technical and mediation assistance as needed. G-2 SURFACE AND GROUNDWATER WATER MANAGEMENT No one has the right to pollute either ground or surface water resources and in order to safeguard the public health and environment, it is necessary to preserve our water resources as critical state resources. Most water management organizations (WMO) and local units of government have done a good job of dealing with surface and groundwater management issues and have the ability to continue to do so in a cost effective manner. These existing structures should continue to be used to the greatest extent possible to address surface and groundwater management problems rather than create a new bureaucracy. There is no need for new urban water management structure but, it is clear that the current system which contains duplicate reviews and approvals of local plans and development projects/proposals should be streamlined. If legislation is considered for surface water management, it should be based on the following principles: The legislature should provide full funding if it mandates additional water management planning or implementing activities by local units of government. Local units of government should retain the basic responsibility for surface and groundwater management as they are the level closest to the problem. New state requirements should not add to local costs and duplicate reviews/approvals should be reduced or eliminated. The AMM would support the following initiatives/action: A thorough assessment of the Board of Water and Soil Resources (BWSR) structure and authorities to ascertain if it should continue to be the approval and oversight agency for surface water management planning and activities in the metropolitan area. A thorough assessment of the metropolitan area surface water management planning and permitting process with the objective of developing improvements in conflict resolution, better coordination between and among state and local agencies, and streamlining the project permit approvals process. 43 Compliance by local units of government in outstate Minnesota with the same standards and requirements for surface water management as those imposed on local units within the metropolitan area. A technical evaluation of the impact of 2 to 1 wetland replacement in the urbanized area on the goal of greater urban densities stated in the Metropolitan Council's Regional Blueprint. G-3 REGIONAL WASTEWATER (SEWER) TREATMENT SYSTEM The metropolitan wastewater treatment and collection system, which was created in 1969, has contributed significantly to the improvement of water quality in many of the major water resources of this area. As a result of a major study and analysis in the mid 1980s a uniform funding system was established. The metropolitan wastewater collection and treatment system has been a major component of an integrated local -regional system which has helped improve the quality of the water in many of the major water resources of this area such as Lake Minnetonka, the Minnesota, Mississippi and St. Croix Rivers, White Bear Lake, etc. It is important that change not be made to this regional system that could lead to its breakup or to diminish its effectiveness. Since all users benefit equally throughout the system the regional rates should be uniform. IV -H WASTE STREAM MANAGEMENT In the mid to late 1980's the problem of managing the waste stream (for all types of waste) was a major concern at the local, regional, and state level. This resulted in major legislative initiatives, numerous "master plans," and ideas on the subject which were constantly changing. At the present the overall system is more settled with cities being responsible for collection and counties being responsible for disposal. The Metro Council role has been transferred to the State or defacto assumed by the seven -county joint powers arrangement. Legislative initiatives are more in the line of fine-tuning with the major issue being liability within the polluted land arena. AMM endorses the concept that the "generators" of waste must bear the responsibility for funding its disposal. "Generator" includes the manufactures of products which become waste, the sellers of products which become waste and the consumer of products which become waste. Materials which cause special problems in the waste stream should bear the costs (through the cost of purchasing the materials) associated with the problems. Legislation should be initiated which provide financial incentives to manufacturers, retailers or consumers for reducing packaging volume, using recycled materials in its fabrication, or, particularly in the case of food and beverage containers, facilitating its return. Fees, taxes, or deposits on packaging materials should be considered with these costs waived when content goals are met, volumes are minimized, or effective materials return systems are in place. The net revenue generated from fees/taxes above administrative costs should be used to promote or enhance local programs to reduce, reuse, and recycle packaging materials. AMM strongly supports the activities of the Office of Environmental Assistance (which replaced the former Office of Waste Management and assumed Metro Council duties), in particular its efforts in local government assistance and waste reduction education. This office should not become involved in regulatory activities but continue to focus on helping local governments manage waste effectively. AMM opposes any legislation which would limit local initiatives in waste stream management unless an overall state or metropolitan wide system is established which accomplishes the same goal or objective. The responsibilities now assigned to cities for solid waste management should remain with the cities. The AMM believes that the system ought to be flexible and based on performance standards and/or goals rather than mandated techniques. AMM believes that any funding system must guarantee distribution of the monies to all entities involved in the system and recognize all costs associated with the system. This means a significant portion of the funds raised through the sales tax should be distributed to cities which operate recycling programs. AMM also believes that the entire proceeds of the tax on solid waste should be dedicated to solid waste activities. AMM believes that host communities should not bear a financial liability associated with solid waste facilities. Costs incurred for monitoring operations and corrective action should be borne by facility operators or, in the absence of such regulations, be assumed by the State of Minnesota. The AMM supports the current compensation level allowed through surcharge fees as a minimum level; this compensation should be continued or increased. This form of compensation should be available to all types of solid waste facilities. AMM supports state and federal legislation that clarifies that municipal solid waste is not a hazardous substance and enables local governments involved in cleanups to have the opportunity to settle their potential liability quickly and safely. IV -I LOCAL GOVERNANCE EXAMINATION The basic system of local governance in Minnesota (cities, counties, and school districts augmented by special service districts) has been in place since at least the turn of the century. Wi The only major change or innovation has been the creation of the metropolitan governance system for the Twin Cities area in the late 1960s and early 1970s. While the system has by and large worked well, there are an increasing number *of events and issues which raise the question of how best should local governance be handled as the State enters the new century. These include at least the following: 1. The incremental growth of responsibilities by the Metropolitan Council and the metropolitan governance system --the most recent being the creation of the Metropolitan Radio Board --and the questions surrounding the exercise of such powers by an appointed body. 2. The continued devolution of responsibilities by the federal and state governments onto local government. In addition to funding questions this process raises numerous questions as to who should be assigned the responsibilities. 3. The growth management strategy being implemented by the Metropolitan Council through its regional blueprint and system plans and the local comprehensive planning process. The process could lead to recommendations on financing of various services and some shifting in basic land use responsibilities. 4. The process of financing local government (especially for cities and schools). 5. The increasing role of counties in the provision of "area -wide" services. 6. The recognition that school districts are now often being asked to provide services which go beyond what is thought of as traditional education. The cumulative result is a system which often is not understood by the public, may have aspects which are not accountable and in a time of scarce public resources may not be as efficient as is desired. We commend the legislature for establishing the advisory council on local governments to study the roles and functions of local governments in the metropolitan area. The Office of Strategic and Long Range Planning should provide the necessary staff and administrative support as delineated in statute to enable this advisory council to fulfill its responsibilities. The advisory council is charged with studying and making recommendations on the appropriate roles and responsibilities of local and regional government in the metropolitan area. The advisory council's goal should be to make recommendations for a governance system which is efficient in the delivery of services and is accountable to the electorate and it should not assume the current governance structure is sacred or unchangable in making such recommendations. M Since it is unlikely that the advisory council can complete all its work within the time framework delinated in statute, the advisory council should recommend a process/procedure to complete this very important examination over a longer period of time. M V TRANSPORTATION AMM TRANSPORTATION POLICY STATEMENT Within the last two decades, the number of miles driven per day has doubled. Traffic congestion is expected to increase by 35 percent by the year 2000, creating nearly 200 miles of severely congested highways. Ridership by bus, car and van pool, continues to decline and the regional transit system continues to be inadequately funded. There is a growing awareness that the true cost of driving an automobile, when factoring in energy use, pollution, productivity loss due to congestion, and the resulting cost of motor vehicle accidents, are born by the general public at large not solely the driving public. A major part of peak hour traffic is workers commuting to or from work. Achieving a balance between workers and jobs in a geographic area can reduce the volume of intra area commuting and balance the directional use of the interconnecting roads. Economic stratification and an aging population is creating a larger pool of transit dependent individuals. Our current transit system is not capable of providing adequate transit services in the entire metropolitan area. Local governmental units are facing funding shortfalls which prevent them from adequately maintaining the current transportation network. AMM calls upon the legislature, MNDOT and the Metropolitan Council to develop a more comprehensive transportation program that more closely integrates all modes of transportation. This coordinated approach at the minimum must be designed to increase accessibility, improve air quality, and serve the transit dependent and handicapped. The AMM supports a comprehensive transportation policy that: • Incorporates traffic management into local and regional zoning and planning actions; • Encourages traffic management plans by all employers; • Creates a series of incentives aimed at increasing vehicle occupancy levels; • Discourages the use of development incentives for any project of significant size that does not contain a comprehensive traffic management plan; • Studies the concept of jobs to workers balance in the metropolitan area; and • Establishes an adequate dedicated funding source for transit. In addition, local units of government must be provided with adequate funding or the authority to maintain their current investments in the local transportation infrastructure. It is imperative that as we prepare to move into the next century, our transportation network become multi -modal, offer flexibility, invest significantly in transit, and be designed to manage traffic. The following recommended legislative proposals are designed to meet this overall goal. 51 V-A TRANSPORTATION FUNDING An efficient transportation system is a vital element in planning for physical, economic, and social development at the state, regional, and local levels. Funding for current roadway maintenance, reconstruction, and construction of new streets, bridges; and highways is a significant major element of a competitive and safe transportation system. Also, because of the large economically diverse population of the Twin City Metropolitan Area, it is an absolute necessity to provide an effective and efficient public mass transit service augmented by a variety of programs, such as Rideshare and Project Mobility. Without a good transit system, many elderly, persons with disabilities, and transit dependent individuals residing in the area would be almost totally immobile. The need for both highway and transit funding has been and continues to increase, yet the resources dedicated or generally used for these purposes have either not kept pace or been diverted for other state priorities. Transit needs in the Metropolitan Area have become critical since in most cases highway expansion is physically or fmancially prohibitive. Therefore, capacity expansion can best be solved by transit alternatives. Funding should be multi -source with growth capability. Therefore, the AMM believes it is time to solve the problem on a permanent basis. Increased funding for both highways and transit especially in the Metropolitan Area is a critical need and should be given high priority by the legislature. Funding assurances for transit and highways should be dedicated in a consistent manner. The AMM supports a gas tax increase including indexing to keep pace with highway maintenance and construction needs. As an addition to the traditional gas tax and to provide funding for both highways and transit, the AMM would support additional tax sources including MVET, a sales tax on gasoline at the pump allocated to transportation, or a statewide or metrowide half cent sales tax to be used for transit. Any arrangement that would substitute an alternate tax for the transit property tax in the Metropolitan area should continue to fund the current optout transit systems at comparable levels. As part of the combined strategy, the state legislature should consider using its bonding authority to provide transportation infrastructure. V -B REGIONAL TRANSIT SYSTEM The purpose of a transportation system is to provide mobility for people and accessibility to and for economic development and services. The most effective system will make maximum use of all transportation alternatives and strategies where they are most appropriate, thus, 52 creating a truly integrated system. Exclusive reliance on freeways is imprudent and cost prohibitive primarily due to social and economic upheaval of established neighborhoods for right of way acquisition. Transit improvements are imperative, but even with implementation of various load increasing strategies, the capacity is finite and will reach unacceptable saturation limits within the foreseeable future. The AMM supports more coordination and integration of Transit, including exclusive transit ways, and highway planning and implementation. The Regional Transit System should be a combination of integrated traffic management systems and be included in all planning documents. The system components should include HOV lanes, express buses, and exclusive transit ways which should be built to connect residents to job, retail, and commercial centers. The system should also include a variety of transit modes, including a taxi system, buses, pedestrian and bicycle facilities, and park and ride facilities adequate to connect the regional centers, major trip generators and communities, both urban and suburban. Bus systems and exclusive transit way systems should include ample regional park and ride facilities for automobiles, motorcycles and bicycles, with easy access, consistent with the planning of a regional entity to accommodate the needs of the public. Feeder systems should be a major consideration for bus park and ride and exclusive transit way stations. Plans should be considered which use van pools and bicycles as well as walking to feed the park and ride facilities for express buses and exclusive transit ways. The Metropolitan Council should work with local units of government to encourage appropriate land use controls along designated transit corridors to promote transit ridership. V -C TRANSPORTATION INCENTIVES/DISINCENTIVES The AMM supports the development of a comprehensive system which will facilitate an increase in the occupancy level of cars and enhance the use of transit within the Metropolitan area. AMM suggests the development and passage of legislation that includes a commuter trip reduction program and creates a series of tax incentives and/or impact fees that encourages multiple occupancy transit use. The state legislature is encouraged to consider exclusion from gross income the value of commuter transportation benefits provided by an employer and provide a tax deduction and tax credit for employers who provide commuter transportation benefits to employees. 53 V -D TRANSPORTATION UTILITY Many cities are experiencing aging infrastructure, especially streets which are in need of replacement but because of few funding options continue to deteriorate. Chapter 429 bonds issued without election require a minimum of 20 percent assessment. However, the courts require a benefit proof that the assessment has actually increased the property value by the assessment value. For street replacement, challenged assessments often are successful in court. A new funding mechanism similar to one that was created for stormsewers is needed. The AMM requests the legislature to authorize cities to establish a transportation utility for street maintenance and reconstruction, similar to the existing storm water utility, so that costs of improved facilities can be charged to the users. V -E MSAS FUNDING FOR COMBINED CITY STREET DEPARTMENTS The State of Minnesota developed in the late 1950s a system for distributing highway funding to MNDOT, counties, and communities with populations over 5,000. This system has worked reasonably effectively to construct and maintain an integrated transportation network within the state. In recent years, the legislature has enacted statutes which call for the investigation of benefit that would be obtained through consolidation of services and reallocation of resources. One such area that presents such an option is the consolidation of Public Works and Maintenance departments within cities, townships, and counties. Such an opportunity for streamlining capital expenditures and cost-effective maintenance of an integrated street system might be best served by recognizing such consolidation through the use of the Municipal State Aid System (MSAS). In that, if two or more governmental units consolidate their maintenance departments, having in effect a Joint Powers Agreement which reflects a single entity for budgeting and operations purposes, then -the population of the governmental units participating -in such a Joint Powers Agreement should be considered in determining the MSAS funding eligibility of these communities as per MS 162.09. The AMM urges the legislature to encourage cooperation and consolidation of local government services. The state aid system statutes should be amended to allow for the eligibility of combined population within incorporated municipalities having a joint powers public works and maintenance department and contiguous borders, to qualify for MSAS funding under the municipal state aid street system population cutoff rule of 5,000. 54 V -F HIGHWAY TURNBACKS AND FUNDING Various commissions, boards, and organizations, have studied the possibility of reclassifying many roadways in the state as to appropriate use classifications and jurisdiction. This reassignment in the metropolitan area is estimated to shift $6.1 million annually from the state and $1.2 million annually from the counties to the cities for an increase of $7.3 million annually for general maintenance and life cycle treatment (i.e. sealcoat, overlays, etc.). Current state law provides that the state and/or county may declassify a trunk highway and turn it back to a local unit of government. The only provision is that it must be in good condition. The AMM supports jurisdictional reassignment or turnback of roads on a phased basis using functional classification and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continuing maintenance. Cities do not currently have the financial capacity other than significant property tax increase to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. V -G '3C' TRANSPORTATION PLANNING PROCESS - ELECTED OFFICIALS ROLE Federal law and rules have long required that the Metropolitan Planning Organization (MPO) responsible for comprehensive transportation planning commonly referred to as the '3C' process (continuous, comprehensive, and cooperative) be composed at least partly of local elected officials. This process and requirement was reinforced by the federal ISTEA act of 1991. In this metro area the Metropolitan Council (MC) has been designated the MPO with a provision that there be a Transportation Advisory Board (TAB), which contains at least a majority of local elected officials, to implement the '3C' planning process. The AMM supports the continuation of current local elected officials involvement in the '3C' process through the Transportation Advisory Board to meet requirements of the Federal Intermodal Surface Transportation Act of 1991. V -H RAILROAD RIGHT-OF-WAY PRESERVATION Minnesota has lost over half its rail system as national carriers have abandoned lines. Abandoned rails represent a significant opportunity for future use for trails, natural resource access, light rail, highways or pipeline corridors. The AMM urges the legislature and state administrative departments to continue programs that ensure abandoned railroad grades be expediently preserved until such time that the future public use, can be determined. 55 V -I CITY SPEED LIMIT CONTROL Speed limits on streets are currently established by the Commissioner of the Minnesota Department of Transportation. The speed limit for residential streets is established at 30 m.p.h. However, cities have developed with variable land use patterns, street layouts, densities, and also have varying topographical conditions. There are many local streets where 30 m.p.h. is not a reasonable or safe speed. Many other states in the area have a 25 m.p.h. speed limit for local streets. The AMM supports reducing the current 30 m.p.h. speed limit to 25 m.p.h. throughout the state. This would address numerous safety issues throughout the state, but still maintain uniformity for the traveling public. V -J MOTION IMAGING RECORDING SYSTEM (M.I.R.S) - TRAFFIC LAW COMPLIANCE Diminishing obedience with statutory laws, posted speed limit compliance, traffic signal lights (red) at intersections and railroad crossing (red lights and gates), is causing great concern for citizens and municipal governments. Efficient enforcement would require significantly more personnel and tax dollars. Trac calming techniques are only minimally effective in a few areas and require additional maintenance. Motion Imaging Recording System technology is being employed in many states and numerous municipal jurisdictions in the United States including Arizona, California, Michigan, New York, Utah, and Colorado. It has been used for decades in many nations. Implementation growth is rapidly accelerating. Benefits include improved safety, fewer accidents, and lower insurance costs, improved uniformity in coverage and fairness of traffic law enforcement; and improved satisfaction by citizens. The technology is substantially tested and proven.- Surveys of citizens in Minnesota have indicated strong support for traffic law enforcement through improved technology (M.I.R.S.). The AMM requests legislative action authorizing utilization of motion imaging recording system technology on streets and highways to assist promotion of safety and traffic law compliance enforcement. V -K AIRPORT NOISE MITIGATION In 1995, the Minnesota Legislature concluded the Dual Track Airport Planning Process by selecting the expansion alternative to meet the state's major airport needs. The means of mitigating airport and aircraft noise impacts were not addressed in the legislation. Instead, the Metropolitan Airports Commission was charged with developing a mitigation package for 56 legislative consideration in 1997. The decision to keep the airport at its current location for the benefit of the state and Metropolitan area does create an obligation to ensure that every effort is exerted to resolve and mitigate noise issues within the affected communities. Noise mitigation programs need to be enhanced to beyond the current 60 DNL contours and for newly impacted areas due to runway expansion/addition. Individual communities will continue to have an obligation to plan development and redevelopment in a manner compatible with airport operations, however, costs associated with noise mitigation should be borne by the airport (MAC) and the state since the airport is considered a statewide facility. Enhanced mitigation programs should be provided through state and MAC funds for areas impacted by airport activity, and areas beyond the current 60 DNL contour lines. A program of reduced subsidy should be initiated for several miles beyond the current contour cutoffs based on distance and noise level. Mitigation programs for low frequency noise should be created and constantly monitored for effectiveness. In addition to the traditional acquisition and sound insulation techniques, the Airport Area Community Protection Concept Package developed by affected cities, Metro Council, and MAC should be adopted. This package includes tools such as property value guarantees, preferential tax programs, housing revitalization, expansion of tax increment financing authority and eligibility criteria and community development banks. Airport associated commercial development should be encouraged within the affected communities. Private use facilities on airport property, including leased facilities, should be required to make payments in lieu of property taxes and fiscal disparities contributions, such funds to be dedicated to mitigation activities. Noise monitoring systems, including low frequency noise measures, should be enhanced and operated independently to ensure noise abatement procedures compliance. This would determine that new standards for low frequency noise levels should be developed. Fines from violations should be returned to the affected communities to implement mitigation activities which are consistant with an overall noise mitigation plan. Landing fees, gate leases, facility leases, passenger charges, etc. should be evaluated as to national comparability and any incremental increase dedicated to the affected communities to implement mitigation activities which are consistant with an overall noise mitigation plan. 57 V -L ROAD ACCESS CHARGE Growing communities are finding it increasingly difficult to finance construction of facilities needed for new residential, commercial, and industrial development. Assessment to developing property for sewers and streets directly benefiting that property is a long standing legal option and is the most prevalent method used. However, there are often major streets that need to be constructed leading to new developments. Under current law only the abutting benefited property can be assessed and then only to the degree of benefit which in most cases is not nearly enough to pay for an upgraded roadway that services a larger population. The legislature has recognized similar situations and authorized charges to provide facilities not directly abutting the affected property. The most common comparison is park dedication fees on a per unit or area basis. In order to fairly provide for major street improvements of primary benefit to a particular subdivision development but not directly assessable and to allocate cost so that new growth pays its fair share, the legislature should authorize cities to establish at their option a road access charge to be levied on an area or per lot basis at the time that subdivisions are approved or at the time building permits are issued similar to park dedication fees. V -M METRO MOBILITY The Metro Mobility program is a valuable tool for providing mobility to the transit dependent who are physically impaired. In 1994 the program served 25,000 individuals with 4400 rides per weekday at a public subsidy cost of $15 million. This subsidy cost has risen dramatically in the last several years. Examination of rider characteristics shows that 69 % of the individuals served are ambulatory as opposed to being in a wheelchair. AMM supports efforts which would better integrate services for the mobility impaired into the regular route system of MCTO; AMM supports prioritization of the program with an emphasis on work-related and essential trips; AMM supports investigating alternative delivery methods especially for the ambulatory participants in the program. 58 W Housing and Economic Development Committee Charlotte Shover (Chair) Councilmember Burnsville Beverly Aplikowski Councilmember Arden Hills Kirstin Barsness Dir. of Economic Development Cottage Grove Jan Callison Councilmember Minnetonka Dan Donahue Manager New Hope Mike Ericson Administrator Watertown John Goedeke Councilmember Roseville Regina Harris HRA Director Bloomington Andrea Hart Kajer IGR Minneapolis Jon Hohenstein Asst. to City Manager Eagan Coral Houle Mayor Bloomington Gordon Hughes Asst. Manager Edina Jim Hurm Administrator Shorewood Dwight Johnson Manager Plymouth Marvin Johnson Mayor Independence Jane Kansier Planning Coord. Prior Lake Joan Molenaar Councilmember Champlin Gladys Morton Councilmember St. Paul Mark Nagel Manager Anoka Ron Rankin Dir. of Community Dev. Minnetonka Mark Sather Manager White Bear Lake Katy Sears Lindblad Proj. Mgr -Planning St. Paul Mark Senn Councilmember Chanhassen Kathy Thurber Councilmember Minneapolis Craig Waldron Administrator Oakdale til Metropolitan Agencies Committee Terry Schneider (Chair) Councilmember Minnetonka Bill Barnhart IGR Representative Minneapolis Kevin Batchelder Administrator Mendota Heights Bob Bruton Councilmember North St. Paul Dave Childs Manager Minnetonka Sharon Feess Councilmember Brooklyn Park Kevin Frazell Dir. Member Services League of MN Cities Matt Fulton Manager New Brighton Tom Goodwin Councilmember Apple Valley Ken Hartung Administrator Bayport Susan Hoyt Administrator Falcon Heights Anne Hurlburt Dir. of Commun. Development Plymouth Larry Lee Dir. of Commun. Development Bloomington Tom Link Dir. of Devel./Prot. Services Inver Grove Heights Paul Malone Councilmember Arden Hills Mary Helen Mische IGR Assistant St. Paul Steve North Asst. City Manager Roseville Steve O'Malley Deputy City Manager Burnsville Joan Russell Councilmember Golden Valley Don Rye Planning Director Prior Lake James Smith Councilmeinber Independence Jill Smith Councilmember Mendota Heights Eric Thole Councilmember Stillwater Sherry Timmermann Councilmember Oakdale Kurt Ulrich. Administrator Champlin Chuck Whiting Administrator Mounds View Burl Zorn Councilmember Shakopee 62 I r r) Revenue Committee Frank Boyles (Chair) Gene Anderson Karen Anderson Leslie Anderson Steve Bjork Curt Boganey Edward Burrell Tom Burt Dave Callister Joan Campbell Tom Cran Steven Devich Terry Dussault Margaret Egan John Gretz Terry Heaton Bill Huepenbecker Jim Keinath Jim Knutson Dennis Kraft Bob Larson Ann Lenczewski Dennis Maetzold Mike McGuire Steven Mielke Michael Morrison Douglas Reeder Janet Robert Jim Smith Jerry Splinter Russ Susag Joy Tierney Kurt Ulrich Gene Van Overbeke Jeff Van Wychen John Wallin John Weaver Jim Willis Liz Workman Manager Councilmember Mayor Finance Director Coord/Planner Manager Treas. & Finance Director Administrator Clerk -Administrator Councilmember Budget Analyst Adm. Services Dir. Asst. to Manager Finance Director Administrator Deputy Dir. of Adm. IGR Director Administrator Finance Director Manager Administrator Councilmember Councilmember Manager Manager Manager Administrator Councilmember Councilmember Manager Councilmember Mayor Administrator Finance Director IGR Representative Treas. & Finance Director Councilmember Administrator Councilmember 63 Prior Lake St. Paul Park Minnetonka Burnsville St. Francis Brooklyn Park Roseville Rosemount Osseo Minneapolis St. Paul Richfield Blaine New Brighton Apple Valley Bloomington St. Paul Circle Pines Anoka Robbinsdale Deephaven Bloomington Edina Maplewood Hopkins St. Anthony South St. Paul Oak Park Heights Independence Coon Rapids Richfield Plymouth Champlin Eagan Minneapolis Edina Anoka Inver Grove Heights Burnsville Transportation and General Government Committee Pat Scott (Chair) Councilmember Minneapolis Gene Anderson Councilmember St. Paul Park Bill Barnhart Gov't Relations Rep. Minneapolis Geralyn Barone Asst. City Manager Minnetonka Kevin Batchelder Administrator Mendota Heights Lyle Berg Transportation Engineer Bloomington ., Cathy Busho Mayor Rosemount Q. Tim Busse Asst. to City Manager Maplewood Sherry Butcher-Younghans Councilmember Eden Prairie Charlie Crichton Councilmember Burnsville Jerry Dulgar Manager Crystal Dale Gustafson Councilmember Brooklyn Park Bill Hargis Mayor Woodbury Fran Hoffinan Engineer Edina Jon Hohenstein Asst. to Administrator Eagan Gary Humphrey Councilmember Apple Valley Charles Lenthe Public Works Director Blaine Sandy Masin Councilmember Eagan Mark McNeill Administrator Shakopee Charlie Meyer Manager I St. Louis Park Mary Helen Mische IGR Assistant St. Paul Lynn Moratzka Councilmember Hastings Viedols Muiznieks Councilmember St. Paul Park Gerald Otten Councilmember New Hope Dave Schaaf Mayor Oak Park Heights Mark Senn Councilmember Chanhassen Ceil Smith Asst. to the Manager Edina Russ Susag Councilmember Richfield Bill Thompson Mayor Coon Rapids Joy Tierney Mayor Plymouth Jerry Turnquist Councilmember Oak Park Heights Dawn Weitzel Comm/Spec. Proj. Asst. Richfield Donn Wiski Councilmember Roseville Bret Woodson Asst. City Manager Prior Lake 64 October 16, 1997 To: Mayor and City Council From: Kevin Batchelder, City Admr Subject: Adjournment to Closed Council Session to Discuss Labor Negotiations A contract proposal from Law Enforcement Labor Services, Inc. (LELS) has been received by the City. The proposal represents the beginning of discussions about a new labor contract for the Police bargaining unit. The current contract expires on December 31, 1997. A strategy session with the Council is requested prior to our November 4, 1997 meeting, beginning at 6:45 p.m. to discuss the contract proposal with Council. Minnesota Statutes 471.705 allows Council to, by majority vote of the Council, hold a closed meeting to consider strategy for labor negotiations, including discussions of labor negotiation proposals. I recommend that Council pass such a motion announcing that the Council will meet in closed session immediately prior to our regular meeting business on November 4, 1997, beginning at 6:45 p.m. If the City Council so desires, they should adopt a motion to adjourn to a closed Council session, for purposes of discussing labor negotiation developments, immediately prior the Council's regular November 4, 1997 meeting beginning at 6:45 p.m. CITY OF MENDOTA HEIGHTS October 21, 1997 To: Mayor and City Council From: Kevin Batchelder, City Admin&r Subject: Adjournment to Closed Sessions Prior to the regularly scheduled November 4, 1997 City Council meeting, there will be two closed meetings that City Council members are asked to attend. Minnesota Statutes allow City Council to meet in closed session to discuss pending or active litigation, as well as, to discuss labor contract negotiations. The two meetings are: 1. Closed Session Council Meeting to Discuss Litigation - To address recent developments in the proceedings of the Beckmann lawsuit, the Council will adjourn to a closed session immediately following the regularly scheduled City Council meeting this evening. 2. Closed Session Council Meeting to Discuss Labor Negotiations - A contract proposal from Law Enforcement Labor Services, Inc. (LELS) has been received by the City. The proposal represents the beginning of discussions about a new labor contract for the Police bargaining unit. The current contract expires on December 31, 1997. A strategy session with the Council is requested prior to our November 4, 1997 meeting, beginning at 6:45 p.m. to discuss the contract proposal with Council. If the City Council so desires, they should pass a motion to adjourn to a closed session Council meeting, for the purpose of discussing litigation on the Beckmann lawsuit, with subsequent adjournment to a closed session Council meeting on November 4, 1997 meeting beginning at 6:45 p.m., for purposes of discussing labor negotiation developments.