1996-05-071.
2.
3.
Cali to Order
Roll Call
Agenda Adoption
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
MAY 7, 1996 - 7:30 P.M.
4. Approval of March 19 and April 2 Minutes
April 2 Board of Review Minutes
April 30 Adjourned Meeting Minutes
5. Consent Calendar
a.
b.
c.
d.
e.
* f.
� ��� C�
�
h.
i.
1•
k.
1.
m.
n.
o.
. p•
Acknowledgment of the April 10 Airport Relations Commission
Minutes.
Acknowledgment of the April 23 Planning Commission Minutes.
Acknowledgment of the Treasurer's Report for April.
Acknowledgment of the Building Activity Report for April.
Approval of Palmer Wetlands Permit - Case No. 96-10.
Approval to Transfer Ownership of Inverted Siphon Easement to
Metropolitan Council.
Approval of Water Service Connection Policy -
RESOLUT/ON NO. 96-24
Authorization to Execute Certification Form to Enable the City to
Receive the Local Performance Aid Payable in 1997.
Approval of Re-Occupation and Exterior Remodeling of 1450
Northland Drive.
Acknowledge Receipt of NDC-4 Fee Refund and Authorization of
Payment to Continue Funding of the "Insight" Program.
Approval to Schedule Public Hearings for Liquor License Renewals on
May 21, 1996.
Approval of Request for Leave of Absence.
Approval of Permanent Appointment of Police Officer.
Approval of Dakota County HRA Comprehensive Plan Amendment -
RESOLUT/ON NO. 96-25.
Approval of the List of Contractors.
Approval of the List of Claims.
,� � �, , .,�.
�
.� t
6. Public Comments
7. Hearing
*' *' a. Turner's Gymnastics IR Bond Request - RESOLUT/ON NO. 96 26
� � � � • � : � � � • , � -
a. Discuss TIF Funding Request - Lloyd's Food Products.
� b. Discuss Ivy Falls Creek Outlot Acquisition.
c. Case No. 96-11: United Properties - CUP FOR PUD
RESOLUT/ON NO. 96 27
d. Case No. 96-12: US West NewVector - CUP -
RESOLUT/ON NO. 96 28
e. Discuss Cellular Tower Regulations.
f. Review Water Tower Antenna Request.
g. Consider Draft Resolution Agreeing to the Proposed Allocation
Formula for Payment of Damages - Starks and Fields vs MPRS, et.al.
* h. Discuss Joint Powers Agreement regarding the Fine Revenue
Collection Program - Dakota County.
i. Discuss 1997 Budget Preparation Schedule.
j. Re-schedule May 21 Council Meeting Starting Time from 7:30 p.m. to
8:00 p.m.
' � � � � � t i• �
10. Adjourn
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 Administration at _
452-1850 with requests.
CITY OF MENDOTA HEIGHTS
MEMC3
TO: Mayor and City Council
May 7, 1996
FROM: Kevin Batchelder, Interim City Administrator
SUBJECT: Add On Agenda for May 7 City Council Meeting
One item has been added ta the Agenda {7 - Hearingy {*�}, Due to the addition
af this item, the Unfinished and New Business section of the agenda is now identified
as 8 on the agenda. Additional in#ormation has been added to items 5f, 8b and 8h
(*).
3. Agenda Ado t�
tt is recommended that Council adopt the revised agenda as printed on btue
paper.
: � � � • , i • 1 � • � � � � • i • � � � � � • � � � 1 • ► } � � � � . �
� , 1
Please see the attached information.
7. Hea ina
Please see the attached memo and resalution. Please note that this hearing is
scheduied to begin at 7;34 p.m., however, Mr. Steve Fenlon {representing
Turner's Gymnastics) has a conflict and will not be able to attend the meeting
until 9;00 p.m.
�:• ! j -� i f i � •E
F'iease see the attached information.
: i � � ' � j '� -� �� f • t, w i! t` t' i` ' i � t�
' �� .�� �.�� . � .1 �
Please see the revised agreement.
KLB:kkb
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
MAY 7, 1996 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of March 19 and April 2 Minutes
April 2 Board of Review Minutes
April 30 Adjourned Meeting Minutes
G ,,.., .��:�
a. Acknowledgment of the April 10 Airport Relations Commission
Minutes.
b. Acknowledgment of the April 23 Planning Commission Minutes.
c. Acknowledgment of the Treasurer's Report for April.
d. Acknowledgment of the Building Activity Report for April.
e. Approval of Palmer Wetlands Permit - Case No. 96-10.
f. Approval to Transfer Ownership of Inverted Siphon Easement to
Metropolitan Council.
g. Approval of Water Service Connection Policy -
RESOLUT/ON NO. 96-24
h. Authorization to Execute Certification Form to Enable the City to
Receive the Local Performance Aid Payable in 1997.
i. Approval of Re-Occupation and Exterior Remodeling of 1450
Northland Drive.
j. Acknowledge Receipt of NDC-4 Fee Refund and Authorization of
Payment to Continue Funding of the �Insight° Program.
k. Approval to Schedule Public Hearings for Liquor License Renewals on
May 21, 1996.
I. Approval of Request for Leave of Absence.
m. Approval of Permanent Appointment of Police Officer.
n. Approval of Dakota County HRA Comprehensive Plan Amendment -
RESOLUT/ON NO. 96-25.
o. Approval of the List of Contractors.
p. Approval of the List of Claims.
,� � �� •� :��.
�1717tC� � �� �� • �
7. Unfinished and New Business
a. Discuss TIF Funding Request - Lloyd's Food Products.
b. Discuss Ivy Falls Creek Outlot Acquisition.
c. Case No. 96-11: United Properties - CUP FOR PUD
RESOLUT/ON NO. 96 26
d. Case No. 96-12: US West NewVector - CUP -
RESOLUT/ON NO. 96-27
e. Discuss Cellular Tower Regulations.
f. Review Water Tower Antenna Request.
g. Consider Draft Resolution Agreeing to the Proposed Allocation
Formula for Payment of Damages - Starks and Fields vs MPRS, et.al.
h. Discuss Joint Powers Agreement regarding the Fine Revenue
Collection Program - Dakota County.
i. Discuss 1997 Budget Preparation Schedule.
j. Re-schedule May 21 Council Meeting Starting Time from 7:30 p.m. to
8:00 p.m.
: � � � u u • � '
9. Adjourn
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 Administration at
452-1850 with requests.
�
Page No. 1
March 19, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, March 19, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, 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 and Krebsbach. Councilmember Smith had
notified the Council that she would be absent.
AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the
meeting.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the regular
meeting held March 7, 1996.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar
for the meeting, along with authorization for execution of any
necessary documents contained therein.
a. Acknowledgrnent of the minutes of the February 14 Airport
Relations Commission meeting.
b. Aclrnowledgment of the minutes of the Pazk and Recreation
Commission meeting held on Mazch 12, 1996. �
c. Aclaiowledgment of the Fire Department monthly report for
February.
d. Acknowledgment of the Parks Department reports for January
and February.
e. Acknowledgment of the unapproved minutes of the February
15 NDC-4 meeting.
Page No. 2
March 19, 1996
f. Adoption of Resolution No. 96-12, "RESOLUTION
APPROVING FINAL PLANS AND SPECIFICATIONS
AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR
THE WENTWORTH WATERMAIN PROJECT
(IMPROVEMENT NO. 95, PROJECT NO. 4)."
g. Acknowledgment of a memo regarding funding for park
bridge replacement and authorization to expend $31,678.38
from the General Fund contingency and $4,940 from the
Special Pazk fund for the bridge replacement.
h. Acknowledgment of quotes for a 1996 4x4, 3/4 ton truck for
the Parks Deparlment, and authorization to issue a purchase
order to Grossman Chevrolet for a 1996 Chevrolet 4x4, 3/4
ton truck for its low quote of $19,528.25.
i. ✓Aclaiowledgment of quotes for 1996 street sweeping and
awarding the contract to Mike McPhillips, Inc., at the rate of
$59.75 per hour.
Authoriza.tion to delay the purchase of portable defibrillator
units.
k. Approval of the issuance of an On-Sale 3.2 Ma1t Beverage
License to Mendota Heights Par 3 Golf and an Off-Sale 3.2
Malt Beverage license to Tom Thumb Food Markets.
l. Approval of the list of licenses dated March 19, 1996 and
attached hereto.
m. Approval of the List of Claims dated March 19, 1996 and
totaling $117,510.55.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
GOPHER ONE CALL Council aclrnowledged a memo from Public Works Director
Danielson regazding continued discussion on the request for building
pernut approval from Gopher State One Call. Mr. Hugh Cullen,
from Roseville Properties, developer of the project, was present for
the discussion.
Mr. Collins stated that at the March 7 meeting, Council asked
Gopher State representatives to address two matters, the color of the
building exterior and review of the plans by Health East. He showed
,�
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Page No. 3
March 19, 1996
new renderings of the building and stated that he has received a
letter from the Health East CEO indicating his acknowledgment of
the plans and indicating that he felt the building would be an
enhancement to the area.
Mayor Mertensotto stated that it appears that the site is lower than
the adjacent properiy, but that the building will be higher.
Mr. Collins responded that the building will be about the same level
as the first story of the Centre Point building to the west.
Councilmember Krebsbach stated that she had asked for a more
accurate representation of the roof top units.
Mr. Collins responded that city staff has asked him to locate all of
the units in the center of the building. He further sta.ted that the roof
d.�ops to the center and there will be a parapet to help shield the units
form the road. He stated that the roof-top units will also be
completely fenced and will be very low profile. He explained that
the parapet is about two feet above the roof.
Mayor Mertensotto asked if the units will be an equal distance from
all sides. Mr. Collins responded that the exact location of the units
has not been determined yet because there will be several tenants in
the building, but that it would be cost prohibitive to put them at the
reaz of the building because of the long runs needed for piping, etc.
He explained that the units will be back from the front of the
building, at the point where they will be at the lowest profile, but to
a certa.in extent the location is dictated by the tenancy of the
building.
Councilmember Krebsbach stated that one of the questions she had
was whether .trucks would have difficulty getting around the
building.
Mr. Collins responded that there will be no problem getting a truck
in and azound the building, and there is adequate distance for
maneuvering.
Mayor Mertensotto asked if there aze building plans available.
Mr. Collins responded that they have been drawn but he is still
working on the end result of what the construction drawings will be,
but final drawings for the interior will be work in-progress drawings
because tenancy is not known except for Gopher One Call. He
Page No. 4
March 19, 1996
stated that the roof top units are shown on the renderings of the
building.
Councilmember Krebsbach stated that the drawings are the same as
the last presentation to Council and they are not accurate as to the
location of the roof top units.
r
Mr. iCollins responded that he cann`ot tell Council exactly where the ._,., _
uruts will be until there aze tenants but he will locate the units in the
middle of the roof as best he can to screen them.
�
Mayor Mertensotto stated that Council approved a foundation permit
on March 7, but if Mr. Collins is now saying that the building will
be designed later there is some miscommunication.
Interim Administrator Batchelder stated that on March 7 Council
reviewed plans for the building permit for the building. He stated
that at that meeting Council e�pressed concerns about building
materials, mechanical units, parking, loading dock access, etc.
Council approved the request in concept based on site plans, etc. and
directed Mr. Collins to provide building materials, contact Health
East and address Council's concerns.
Councilmember Krebsbach stated that meeting minutes and the
memo from Public Works Director Danielson both indicate that she
had asked Mr. Bell to provide a rendering that provides more
accurate representation of the roof top units. She explained that she
just wanted to see what might be an accurate representation of the
units - what they will look like on the building. She pointed out that
the raof units on the Health East building aze a concern.
Mr. Collins responded that the building will be a two or three tenant
building and Gopher State will occupy over half of the building '
space. He explained that there will be hea.ting and air conditioning
units to accommodate each of the tenants needs rather than large
units to serve the entire building, and he does not laiow how big the
units will be until he knows the needs of the tenants. He informed
Council that he felt the roof top units would be an issue for the
Council because he knew it was an issue for the medical building,
and he told the azchitects before the design process started that there
would be concern. He stated that for this reason the roof was
lowered in the center so the units could be located there, and he has
agreed to bring all of the units to the center of the building.
Mayor Mertensotto stated that it is not true that just because a
building meets code that staff can issue a building permit. He
Page No. 5
March 19, 1996
informed Mr. Collins that Council� always reviews commercial
buildings. .
Mr. Collins responded that he is try.ing to provide all of the
information Council had requested� and that Gopher State has spent
a great deal of money on architectural designs. He then reviewed
elevations of the structure and stated that he needs Council approval
before he can move forward with the project.
Councilmember Krebsbach stated that she would.like to see more
detail on the roof top units than what the plans show.
Mayor Mertensotto informed Mr. Collins that Council wants
information on the height of the roof-top units and confirmation that
the plans on file with the city are the plans for the building which
will be built. He also stated that the building's brick color must be
complimentary to the Health East building.
Further discussion was tabled to Apri17.
CASE NO. 96-OS/96-06, Council acknowledged memos from Public Works Director
DAKOTA BANK - SUPER Danielson regarding continued discussion on an application for
AMERICA subdivision from Dakota Bank and an application for conditional
use pernut and variances from SuperAmerica. Council also
aclaiowledged a memo from Treasurer Shaughnessy regarding tax
increment financing. Council also acknowledged information from
Dakota Bank on building cost estimates, copies of elevations of the `'�
proposed building, and written response from SuperAmerica to
issues raised at the March 7 meeting, and a letter from
SuperAmerica describing the variances requested and the hardships
and practical difficulties. Mr. John Seidl, Dakota. Bank President,
Mr. Jack Boannan, project architect, and Mr. Mike Cronin,
representing SuperAmerica, were present for the discussion.
Mr. Boaxman reviewed the list of issues which were raised on Mazch
7. He showed schematic designs for the bank. He explained that the
building will have two levels, a main bank level and entrance, and
an atrium level. The exterior will be brick and stone with a sloped
hip roof design and Timberline shingles. He sta.ted that the overall
image of the bank design will be similar to City Hall, and it will
have a 5'/2 foot overhang. The lower level will be 5,000 square feet
for service and storage, and the first floor will be 10,000 square feet.
He explained that there will not be a future addition, as the building
is proposed to be a one and one-half story structure, and no
variances aze needed for the bank.
Page No. 6
March 19, 1996
Mr. Boarman then reviewed the SuperAmerica proposal, the five
residential lots, and an overall review of the entire master plan for
the Curley site. Mr. Boarman reviewed the site plan with respect to
traffic, sidewalks, pedestrian and bike traffic, and how it will relate
to the Curley neighborhood. He stated that there is a screen berm
proposed between the neighborhood and the site, and he also
proposes to put the bike path at a 120 degree angle with a landscape
retaining wall to turn the pathway so that people will have to stop
before making the turn and then address the intersection after they
stop. He stated that there is also the possibility of an easement
between Lot 2 and an existing lot to serve as a neighborhood link
connector and he would be willing to work with the city to get that
accomplished if Council desires. He stated that the SuperAmerica
site will be flat at T.H. 110 so there could be another access point
with two or three steps to the SA property for pedestrians away from
the pumps and immediate access to the front of the store.
Mr. Boarman sta.ted that it is clearly understood that a park
contribution will be required and will be paid He informed Council
that the only variance now being requested for SA is a tlurly foot
variance for the caz wash and two for the asphalt setback.
Councilmember Huber stated that his only concern about the 120
degree angle of the pedway is that the crosswalk would be in a
location where a motorist might not expect it, and motorists would
lose site of the pedestrians. He felt that the landscaping creates a
visibility problem.
Mr. Boarman responded that the sidewalk has been moved seven
feet, just enough to get people to stop, and the intent is to use a
horizontal edge of landscaping so that people have to stop. He
stated that low plants will be used and will not obscure visibility.
Mayor Mertensotto asked if the angle of the path could be changed
to be more compatible with the existing trail.
Mr. Boarman responded that he will work with the city on the issue
to reduce potential problems. Responding to a question from
Councilmember Krebsbach, Mr. Boarman reviewed drawings
showing where the existing buildings in relationship to the proposed
development.
Mr. Tim Curley, 2049 Patricia, stated that he is the son of the
owners of the property but that he is speaking %r hi.mself. He
expressed concern about safety of the neighborhood children, but
did not think it would be appropriate to have a bike path on private
�
Page No. 7
March 19, 1996
property. He opposed any proposal to have the trail on his property,
and stated that every city trail that he is familiar with is parallel to
the city street and on city property. He suggested that a stop light be
installed instead, so that pedestrians can push a button to stop traffic.
Mayor Mertensotto responded that there aze several pedways on
private property. He expressed concern that Mr. Boarman sta.ted the
city could work out easements with private property owners, but
pointed out that there aze people in the Curley Addition who ha.ve
indicated they would like to have the pedway come into the site
diagonally. He stated that if Mr. Curley does not want the trail on
his property, the developers could grant an easement on the bank
property.
Mr. Curley sta.ted that if the bank wants to dedicate its land, that is
the bank's business but he opposes the trail and would not be in
favor of the bank granting an �easement.
Mayor Mertensotto pointed out that the existing trail does not go
south on Lexington and people have to go through the Curley
Addition to get to the trail that goes to Rogers Lake Pazk. He stated
that for many years people did use the diagonal path along Mr.
Curley's lot and they would like to have it back.
Mayor Mertensotto responded that anyone who purchases the lot
north of Mr. Curley's lot should be informed that there is an
easement crossing the lot.
Mr. Curley responded that he thinks that anyone looking at buying
that lot would be turned off by the easement and it would be hard to
sell. He stated that the home owner who owned the lot next to the
park that was recently developed in the neighborhood sold because
he did not want people walking near his home.
Councilmember Huber stated that no matter which way the trail goes
through, pedestrians end up having to cross the street.
Councilmember Krebsbach stated that if the SuperAmerica is
constructed, it would bring more children to that corner.
Mr. Curley stated that there are many SA's throughout the inner city
and no one hears reports of children getting injured getting to them.
He stated that it is the responsibility of the parents to take care of
their children, and that SA would be building a business to serve the
community but that business would not cater to eight to ten year old
children. He further stated that if Council is really concerned, they
a
Page No. 8
March 19, 1996
could install a stop light that only turns red when a pedestrian gets to
the light (a pedestrian semaphore).
Mayor Mertensotto stated that Council will look at the proposal. He
pointed out that when the old diagonal trail was removed, many
people complained and that is the reason the diagonal trail is being
proposed now.
Mr. Curley stated that there is a median on T.H. 110 where people
going west on the highway can turn to access Curley Furniture and
the Schwin shop. He sta.ted that both he and the owner of the bike
shop aze in favor of retain the median. He asked Council to send a
letter to the Commissioner of Highways to request that it be kept
open. He stated that this is the primary reason he attended the
meeting. He informed Council that his home is the closest home to
the development and will be the most impacted by the project, and
while he likes the project, but he would like to have the microphones
turned off from 10 p.m.
Mr. Cronin reviewed a memo from SA, dated Mazch 19, which
categorized the nineteen issues raised at the last Council discussion
into four groups. Those groups were 1) the physical sizes of the
structures proposed to be built; 2) hours of operation; 3)
confirmation of eleven items SA has agreed to; 4) three items of
preference by SA. Mr. Cronin explained that SuperAmerica
pioposes to construct a 3,500 square foot facility with three pump
islands and a car wash. He informed Council that SA feels this is
the minimum threshold size it can build to provide the convenience
the neighborhood will expect, and that it is not much lazger than the
elcisti.ng SOS facility. By comparison, he sta.ted that the store at the
airport and the one in Eagan are 4,400 square feet and 4,700 squaze
feet respectively. He explained that the facility will ha.ve the same
footprint as the proposed store on T.H 55 but it has some custom
features. He distributed drawings of a site plan and informed
Council that there is proposed to be a low band at the base of the
building with a much darker brick color below it because of the
concem expressed about the glass. He informed Council that there
aze no stripes going around the building and there aze three foot
eaves proposed on the building, the knee wall across the front, under
the glass, will be the same metal as the frames for the glass (a dark
bronze finish), and the trash container is now on the side. He stated
that windows are still proposed for the car wash, and three islands
are proposed because it is felt that during the peak times when
people are coming from or leaving the neighborhood and GNB,
three islands will be needed to safely serve the customers.
Page No. 9
March 19, 1996
Responding to a question from Mayor Mertensotto, Mr. Cronin
stated that the canopy is 47 by 88 feet and that the car wash is
proposed as part of the initial site development. He stated that he
feels it will be a compatible use and that he has letters from the
neighborhood in support of the caz wash. With respect to hours of
operation, Mr. Cronin stated that it is a fiustrating issue because SA
representatives know that they can operate very compatibly in an
area like this. He proposed that they be allowed to start at 24 hours
per day and cut back if Council finds that there are any problems.
He stated that SuperAmerica would make a commitment to work
with the city staff and accept any recommendations if complaints aze
received. Regarding speakers, he stated that it is very simple to turn
the speakers off and that they would be turned off if there are any
complaints. He explained that SuperAmerica will commit to work
with city staff to solve any problems that arise with the speakers,
vacuums, etc. Mr. Croni.n stated that SuperAmerica needs the 14
foot 6 inch national standard canopy height, that there will be a three
foot band around the canopy, and the columns will be brick eight
feet up. He stated that the roof is a maximum four feet tall, which is
a custom feature for this site, and the overall height of the canopy
will be 21 feet, 6 inches. He showed samples of the roof material,
and stated that the same shingles will be used both on the store and
the canopy. He explained that the canopy height is slightly lower
than the building.
Regazding ground water contamination, Mr. Cronin stated that there
are two approaches which could be taken, the water could be
vaporized for two three yeaxs to vaporize the pollution or
SuperAmerica could immediately remove the soil and then check to
see if the extent of pollution under the perched water. He explained
that SA is now proposing to remove the soil, and wants to find out if
anything has leeched through. He felt that the PCA would probably
give the option of vaporizing.
Mayor Mertensotto stated that if there is going to be a monitoring
structure on the site, there is concern about where it would be
located and what it would like.
Mr. Cronin responded that he does not think it will be an issue if
SuperAmerica has the opportunity to redevelop the site, but that SA
wants to quickly solve the issue.
Mr. Cronin informed Council that SuperAmerica will not store any
items outside. He then reviewed SA's three preferences. He sta.ted
that the profile of the store has been lowered, and SuperAxnerica
would like to be allowed to keep the area above the doors in glass, as
Page No. 10
March 19, 1996
� they would prefer to have the light. The second preference is that
SuperAmerica would like to have windows in the caz wash. He
stated that he feels the windows soften the building. Mr. Cronin
stated that if there is a vandalism problem, SuperAmerica will
commit to absolutely never use plywood to board the windows but
would rather commit to brick the window area with a brick that
matches the building. He explained that there are cameras in the car
wash and the entire building is wired far burglar alarm and camera
systems. The third preference is that SuperAmerica be allowed to
offer diesel at the site. He explained that none of the SA sta.tions
has experienced big trucks hying to access a site, and it has been the
experience that the heavy commercial users would not come to this
site. He stated that there are a number of cars, pick up trucks and
motor homes that use diesel and SuperAmerica would like to be able
, to provide it.
Mayor Mertensotto stated that everyone knows that the property
needs rehabilitation, but the big issue that prevails is because the
developers aze asking for TIF assistance. He stated that Council
wants the city to get something in return. He informed Mr. Cronin
that Council has always had the goal that development of the
intersection started with City Hall, which has many residential
aspects, and wants to duplicate the sazne decor on the Curley site.
He stated that Council feels it has every reason to scale the
development down rather than having more pumps than any other
station in town and the high canopy. He stated that Council does not
want to have a high traffic facility drawing from the highway, and
that the proposed station at Mendota Heights Road and T.H. 55 will
have three islands. Mayor Mertensotto stated that Council has
indicated that it would not mind a 24 hour operation at T.H. 55, but
that this is a residential azea and the existing service stations in the
city aze not open 24 hours. He felt that either 6:00 or 7:00 a.m. to
11:00 p.m. would be workable hours for a neighborhood station. He
informed Mr. Cronin that if the developers were not asking for TIF,
and if the facility could be fit onto the site without variances Council
could possibly approve it because there would not be a basis for
requesting so many changes. He stated that he wants it to be cleax
that Council has certain objectives for what will be developed on the
site and is willing to work with SuperAmerica, but there must be a
compromise on the hours and the number of islands.
Councilmember Krebsbach stated that one of the reasons to keep the
scale of the facility down is to keep traffic off of Lexington, and also
because there will be another station on Highway 55.
Page No. 11
March 19, 1996
Mr. Dave Palme, 1053 Wagon Wheel Trail, stated that in his letter to
the Planning Commission he stated that he is against the gas station
and is concerned about the lights, traffic, 24 hour operation and
noise. He felt that it makes no sense to have two SuperAmerica
stations so close together and stated that there aze many gas stations
within a few miles of the site.
Mayor Mertensotto stated that something will be built on the corner
and that SOS must do something because the contamination must be
cleaned up. He stated that there is a certain level of traffic on
Lexington now and Council cannot say that the traffic level will
never get higher.
Mr. Larry Ryan, 2119 Patricia, stated that the lights on the canopy
will be underneath the canopy and will shine down so they should
not cause a lighting problem. He further stated that there is already
a lot of traffic from S� Thomas and other areas, and additional
traffic will not bother anyone. He felt that the trail should remain
where it is on Lexington Avenue. He informed Council that he is
totally in favor of the SuperAmerica proposal.
Mr. Mark Hays, from the Mendota. Bike Shop, sta.ted that his
concern is the access to the frontage road and the access to the
highway. He stated that currently the traffic is proposed to go
around the bank, and there is no through street. He felt it would be
wise to try to keep the access open. He informed Council that he has
spoken to Mn/DOT and was told that if the Council would write a
letter requesting to keep it open, they would take that into
consideration.
Mayor Mertensotto responded that he would suggest that unless the
city leans on Mn/DOT heavily they will close the road. He agreed
that the city will have to send a letter, and informed Mr. Hays that
Council is supportive of keeping the entrance open.
Mr. Curley asked if there will be a berm for the five new residential
lots.
Mr. Boarman responded that the buffer azea, old Outlot B, will have
a continuous berm about three feet lugh with seven feet of either
fence or evergreen trees on top of it for a total ten foot high visual
screen. Mr. Boazman stated that the bazrier will be a combination of
50% fence and 50% double trees, staggered.
Mr. Curley suggested that blue spruce be used because they aze
much more dense than pines. He further stated that if a fence is put
Page No. 12
Mazch 19, 1996
up first, the trees will not get enough sunlight and will be hollow
inside. He stated that he would prefer a higher foot berm and spruce
trees or a combination of spruce and pine. He felt that a higher berm
and three rows of trees, rather than a fence, would be better for noise
reduction and would require less future maintenance.
Mr. Boarman stated that the concern was the concept of 50% fencing
was to try to provide an acoustical barrier along the entire berm. He
informed Council that the fence and trees will be on the bank
property and their maintenance will be the bank's responsibility.
Mr. Curley stated that he moved into the neighborhood in 1976 and
since then he has tried to maintain the grass up to the trees. He
stated that he always has to pick up debris. He informed Council
that people drive 4 by 4 trucks through the corn field and down the
bike path even though there is a sign that says motor velucles are not
allowed on the path.
Councilmember Krebsbach stated that she had asked at the last
meeting that SuperAmerica provide documentation that this is a
neighborhood store to serve the community's needs.
Mr. Cronin stated that the response he received is that it is a
proprietary study, which even he could not see, and SA does not
share the documentation.
Councilmember Krebsbach responded that she would like a
summary of the findings in writing from someone from
SuperAmerica. She also asked for confirmation that there will be no
signage on I-35E.
Mr. Cronin responded that page two of the letter from SuperAmerica
stipulates that SA will not purchase any off site advertising on I-35E
or T.H. 110.
Council discussed the hours of operation, and it was the consensus
that 24 hours is not appropriate. Councilmember Krebsbach asked if
18 hours per da.y, from 5:00 a.m. to 11:00 p.m. would be acceptable.
Mr. Cronin responded that either those hours or 6:(}0 a.m. to
midnight would be acceptable, whichever Council prefers.
Councilmember Krebsbach stated that her primary concern is the
size and scale of the gas station. She further stated that there aze
many different elements that make it a community station, and the
hours of operation aze very critical. She sta.ted that she would not
Page No. 13
March 19, 1996
like the site to attract a lot of panel trucks, or other large trucks. She
pointed out that the other proposed SuperAmerica is to have a car
wash, and that store will generate more traffic. She noted that the
Planning Commission was concerned about the car wash at the
Curley site, and she felt that a car wash would take the station away
from the community scale.
Mayor Mertensotto felt that the traffic issue is addressed by the
number of islands. He felt that there would be people coming in just
to buy items other than gas, which is why there are 21 pazking
spaces available. He stated that getting the request down to two
islands would keep the traffic down, and pointed out that there are
no three-island stations in residential azeas of the city now. He
asked why the station has to be the same size as the one proposed for
Highway 55.
Mr. Cronin responded that SA operates its stations differently than
stations like Amoco, which is clearly not the type of place where one
would go for specialty brewed coffee, for example. He further
stated that the Fina Station is much smaller and older. He informed
Council that SA has stores where they have reduced the size and
been sorry. He explained that SuperAmerica has found that
selection and convenience is its marketing niche and that is why
people stop at SuperAmerica rather than Fina, for example, on route
to somewhere. He fiuther stated that he�thi.nks if SuperAmerica is to
have a competitive store, it must be the threshold size. He informed
Council that SuperAmerica will do wha.tever it can to make the store
appear smaller and has tried to visually lower it, add special features,
etc., and will continue to work with the city.
Mayor Mertensotto responded that he is not convinced that if there
were two islands with eight pumps there would be many times
during an eighteen hour day when three islands would be needed
other than to bring in more traffic.
Mr. Bob Hartniann, from SuperAmerica, responded that the issue of
three versus two islands is a really big issue for SA. He explained
that the issue is not that three islands will attract more cars but rather
that two islands will not be able to handle the traffic that will come
to the store. He stated that two islands would not be efficient and
people would be waiting in line. He explained that SA feels it is a
critical issue.. He felt traffic to the location will be driven by the
mazket around the location, and two versus three islands will not
make the traffic increase but ra.ther that two would make it less
convenient.
�
Page No. 14
Mazch 19, 1996
Mayor Mertensotto responded that with two islands there would be
more area for cars to maneuver in.
Councilmember Huber stated that two islands would only allow
eight people to fuel at one time rather than twelve, and the people
who want to fuel would stack.
Mr. Hartmann responded that in the morning when people are going
to work, many people come in during a two hour period. He
explained that with three islands people can get in and out much
more safely. He stated that there is sufficient room for three islands,
and SA needs three. He further stated that limiting the number of
islands to two will not make it more of a neighborhood facility, but
rather will just make it more congested. He explained that the same
` amount of people would be tiying to get into fewer fueling stations.
Mayor Mertensotto responded that Council does not want to increase
traffic at the corner.
Mr. Hartmann stated that SuperAmerica has done a market survey
and both this site and the T.H. 55 site stand on their own. He further
stated that SA is spending as much money on this site as the T.H. 55
site even though there would be a TIF contribution for the Curley
site. He informed Council that for SA to invest $2 million, it has to
have a certain type of facility to justify the expense.
Councilxnember Koch stated that she feels that SA is trying to work
towazds a community facility and Council has always said wants this
site developed as well as it possibly can. She fizrther sta.ted that SA
is willing to develope the site as best it can, and she could approve
an 18 hour operation because that is a compromise from SA, and
that she feels the car wash would be fine and would not increase
traffic. With respect to the pumps, she stated that the SA
representatives have stated that three islands will not bring more
traffic to the station but rather will reduce congestion.
Mayor Mertensotto responded that the biggest problem is the size of
the canopy, which is longer than the building.
Councilmember Huber stated that he supports Councilmember
Koch. He stated that he has not heard a sense of protest from the
neighborhood regarding eight pumps versus twelve. He further
stated that what he has heazd from the neighbors is that they do not
feel that twelve pumps would detract from the residential feel of the
facility. With regard to the hours of operation, he stated that 18
�
Page No. 15
March 19, 1996
hours is appropriate, and he did not think that 12 pumps versus 8
pumps makes it a bad project.
Mayor Mertensotto responded that there are some problems with the
proposal which he hopes could be resolved this evening, but if a
basic agreement cannot be reached, the oity cannot proceed with
drafting a developer's agreement.
Councilmember Huber asked about the number of drive up teller
windows at the bank, and the hours of operation for the windows.
He also asked if a 24 hour cash machine is proposed.
Mr. Seidl responded that there will be 5 windows which will be
open from 7:30 a.m. to 6:00 p.m. weekdays and 8:30 to noon on
Saturda.ys. He stated that banking regulations require that the
facility be 10,000 square feet, that Dakota Bank needs 7,500 square
feet and could lease out the remaining space. Mr. Seidl informed
Council that the bank is considering installing an ATM in the foyer
or perhaps drive-up.
Councilmember Krebsbach stated that everyone is in agreement that
SA will not be open 24 hours and she would like 17 hours of daily
operation to begin with. She felt that diesel fuel capability relates to
the size of the canopy and felt that large trucks would be dra.wn to
the station because of diesel. She stated that she feels the
neighborhood has expressed concern about the caz wash, and her
biggest interest in the car wash is that it adds to traffic and
congestion. She stated that she would defer to the Mayor on the
number of islands if two islands is the key to making the sta.tion a
neighborhood facility. She further stated that SA is an extremely
successful operation and agreed that SA knows what is in its best
interest.
Mayor Mertensotto stated that unless the concerns expressed by
Council aze addressed he cannot vote on the matter, and until there is
agreement on those issues, Council cannot discuss TIF. He asked
how much TIF assistance is being requested.
Treasurer Shaughnessy responded that the request is for
approximately $350,000 plus additional TIF for the frontage road.
He explained that the state will support half of the frontage road
cost.
Mayor Mertensotto stated that Council needs more information on
the TIF request before the next meeting.
�
Page No. 16
March 19, 1996
Mr. Seidl responded that SA has been very accommodating
throughout the project, including meeting with the neighborhood.
He stated that the bank has been in the community for many yeazs.
He informed Council that the bank initially wanted to be on the
corner of the site but found out about the contamination in that area,
and SuperAmerica was the only company that would look at the site.
RECESS Mayor Mertensotto called a recess at 10:25 p.m. The meeting was
reconvened at 10:43 p.m.
CASE NO. 96-01, Council acknowledged a memo from Public Works Director
SUPER AMERICA Danielson regazding continued discussion on an application from
SuperAmerica for conditional use pernut and variances for a
proposed gas station/convenience store at T.H. 55 and Mendota
. Heights Road.
Mayor Mertensotto informed the audience that Council has treated
the two SuperAmerica projects as separate applications and cannot
give final approval to this proposal until there is a zoning
amendment. He asked whether there are any questions regarding
pylon versus monument sign.
Mr. Cronin responded that SuperAmerica has a preference for pylon
but would install a monument sign if Council prefers.
Mayor Mertensotto noted that SA has asked for windows in the car
wash and that he would agree to windows in the T.H. 55 facility. He
pointed out that the applicant has not requested TIF for this project.
He stated that there had been questions about lighting, drainage and
landscaping, but he believes that all of those questions were
answered at the last meeting. He informed Mr. Cronin that the only
thing that is holding up this application is the requested amendment
to the zoning ordinance to allow motor fuel stations as a conditional
use. He stated that he would prefer to have the matter come back to
Council on April 2 when there are five Councilmembers present.
Mr. Hartmann responded that SuperAmerica must close on the
property tomorrow or take legal action. He informed Council that
he is willing to take that action to preserve his rights for 30 days.
Mayor Mertensotto responded that he does not see any major
problems with the proposal.
Councilmember Krebsbach stated that she would prefer a monument
sign because a monument sign would more closely match signage in
Page No. 17
March 19, 1996
the industrial park. She also asked that there be no signage on the
interstates.
Mayor Mertensotto informed Mr. Cronin that the big problem on
this site was variances for the amount of signage, and as faz as the
site is concerned Council has agreed that in order to develop it,
given the three frontages, variances are necessary.
Furkher discussion was continued to Apri12.
NDC-4 Council acknowledged a memo from Interim Administrator
Batchelder regarding a proposal for cable francluse extension and
system rebuilding. Mr. Mike Sokol, the city's citizen representative
on NDC-4, was present for the discussion.
Mayor Mertensotto stated that the reason the issue is before Council
is that NDC-4's Executive Director, Jodie Miller, sent a letter to all
member cities asking for a response by March 15 on whether the
cities will support extension of the existing franchise or hold off. He
further stated that he attended the recent NDC-4 meeting, where
there was a good discussion about what is proposed and what the
benefits are. He did not think the commission should proceed with
re-negotiations, because if U.S. West succeeds in purchasing
Continental, Continental would possibly have to dispose of the
franchise and there would be another operator. He felt that if
Continental agrees to give NDC-4 the PEG costs,�it would still be a
pass-through that the customers would pay. He felt that Continental
is not giving NDC-4 many extra things but is building up the sale
price and the extension would probably make it more expensive. He
stated that the new legislation pernuts telephone companies to be
involved in cable, and all 750 megahertz upgrading would do is
increase the number of channels. He pointed out that Continental is
currently installing fiber optics. Mayor Mertensotto stated that the
current francluse ends in March, 2000, and the NDC stafFwould like
to ha.ve an extension to the yeaz 2007, but he has not heard any
complaints on quality of transmission of the system. He felt that the
quality of the current system is good and he could see no reason to
upgrade .
Councilmember Krebsbach asked what improvements there would
be if the fiber optics and megahertz upgrade go through - for
instance, could customers video through the Internet.
Mr. Sokol responded that the increase in the bandwidth to 750
megahertz will allow the future cable operator to provide additional
services to the community and a new way of getting telephone and
Page No. 18
March 19, 1996
data services. He explained that as a commission, NDC-4 does not
have regulatory power over the telephone or data services. He
informed Council that under the proposal that was presented by
Continental, Continental would remain obligated to pay 5% of its
gross to NDC-4,�and that would continue until the year 2007. Wha.t
Continental has proposed that is not part of any federal or state law
or other obligation is payment for the PEG access grant of several
hundred thousands of dollars of support for the public and
educational channels which they aze not obligated to provide. He
stated that NDC-4 is looking at how it would fund those services if
there is not provision in the franchise, and if the new cable company
indicates it would like to renew the franchise, the federal law is
weighted in favor of the cable company. He explained that NDC-4
is trying to figure out who it will be dealing with in six months.
Mayor Mertensotto responded that the commission has to start in
1997 on franchise renewal but that does not mean that the process
has to start three yeazs in advance of the franchise expiration or that
it must be approved in a month. He stated that all seven cities have
agreed that they would not withdraw through the franchise period
but that does not say they will not withdraw after the franchise
extension.
Councilmember Huber stated that while he understands what Mayor
Mertensotto is saying about the situation with the change in
ownership, the pass-through cost was the last thing Continental gave
in on. He explained that Continental was very strongly opposed to
putting that into the rate, the reason being that they compete on
prices and whenever the rate goes up, even by pass through, they
have more difficulty competing. He further stated that in terms of
complaints from customers, NDC-4 gets very few but most of them
are on channel capacity. He pointed out that cable bills are passing
through Congress unanimously and there is a huge momentum in
Congress to drastically reduce government involvement in cable.
He felt tha.t NDC-4 would have considerably less leverage and
negotiating ability in two or three years, and stated that he would
argue that no one knows who the service provider will be.
Mr. Sokol stated that it is very clear under federal law that telephone
companies cannot operate a cable company in the same service azea.
Mayor Mertensotto responded that he does not think Continental is
giving anywhere near as much as it is getting, and that the pass
through costs them nothing and paying the $300,000 PEG access
over seven years costs them little.
�
Page No. 19
March 19, 1996
Councilmember Huber responded that Continental's rate increase
would make it less competitive than satellite, and what it really gets
down to is what kind of cable operation does the city want to have
and how does it want to pay for public access, through cable rates or
payment by the whole community in the levy.
Mr. Sokol stated that there is no organization that is willing to offer
to broadcast public meetings to city homes, and some way must be
found to continue support for those programs.
Mayor Mertensotto responded tha.t he believes that is speculation
and does not think there will be a guarantee from all seven cities tha.t
no one is going to drop out of NDC-4 in the year 2000. He further
stated that there is no agreement that all seven cities will remain
members.
Councilmember Krebsbach asked if the upgrades will provide a
connection to the Intemet. She stated that she would hope that is a
part of the package.
Mr. Sokol responded that Continental will not malce a commitment
at this time. He explained that it is a hybrid system where all the
coax goes to a junction box and Continental says that it is more cost
effective than bringing fiber directly into the homes. He noted that
750 MHz is state of the art, and if NDC-4 goes forwazd with this it
would result in a state of the art system for seven additional yeazs
plus a commitment from Continental that there will be PEG access
as well. He explained that it is not an exclusive franchise but NDC-
4 wants to know what the commitment is for a certain period of
time. He further stated that the commission feels comfortable
dealing with Conti.nental, and while he is not 100% sure this is the
right thing to do, but in terms of getting state of the art and dealing
with a company NDC-4laiows, it is a better scenario than in three
yeas dealing with a new company from whom there would be no
commitment for PEG funding. He stated that the commission needs
the help of all of the cities in determining if there will be a Joint
Powers Agreement that extends beyond the years 2000.
Mayor Mertensotto responded that West St. Paul has indicated that it
is going to negotiate on its own in the year 2000.
Councilmember Huber stated that that is fine, they have to decide
what they are going to do and the other cities will have to address it.
Mayor Mertensotto asked what mechanism is in place to address
whether a city sta.ys in the group or not.
Page No. 20
March 19, 1996
Councilmember Huber responded that that is an issue that the cities
have to discuss with each other and is not an issue for the
Commission to discuss. He further stated that the cities have to sit
down to see if they can get an agreement, and he felt that if the
group walks away from U.S. West it would be difficult to then
discuss the Joint Powers Agreement.
Mr. Sokol stated that he really thinks all of the City Councils must
be involved.
Councilmember Huber sta.ted that he believes the city should go
forward, but once that decision is made, the Joint Powers Agreement
should be re-worked and then action should be taken on franchise
renewal.
No action was taken.
LAND ACQUISITION Council aclrnowledged a memo from Treasurer Shaughnessy
regarding a letter from the MAC offering to sell a small parcel of
pmperty to the city that MAC acquired under the Part 150 Program.
Mayor Mertensotto asked why the city should agree to pay the full
value of the property since it has an avigational easement.
Treasurer Shaughnessy responded that as the property currently sits,
it is a worthless parcel, and that the city would have to ask for an
appraisal if there is to be consideration of the purchase. He
explained that it is an undersized pazcel with an easement over it,
and the only way it could be used would be in combination with the
adjacent property.
Mayor Mertensotto stated that Council should know what the price
is first, as it likely has little value. He further stated that he would
inform the MAC that the city might be interested depending on the
price. He stated that he would like to know some facts and figures,
such as a copy of the easement and the anticipated asking price for
the parcel, before making a commitment.
EAGAN PLAN AMENDMENT Council aclaiowledged a memo from Administrative Intern Hollister
regazding a proposed amendment to Eagan's Comprehensive Plan,
which would cha.nge the zoning and land use designation on 235
acres of land in northeast Eagan from Commercial Planned
Development to Business Park.
Page No. 21
March 19, 1996
Mayor Mertensotto stated that if Eagan is going to take that area for
a highly intense use, the traffic problems would grow. He sta.ted that
a change in use would add to the traffic woes along Highways 149
and 55 and I-494, and Council must have some answers on how
much tra.ffic would be generated.
Interim Administrator Batchelder responded that the procedure is to
contact the Metropolitan Council and let them know that Council
has concerns over traffic and needs more time than ten days to
review the proposed amendment. He informed Council that Eagan's
submittal to the Metropolitan Council indicates that they do not
believe there will be an increase in traffic. He recommended that the
city contact the Metropolitan Council and let them know that
Mendota Heights thinks more attention should be given to the issue
before action is taken.
Staff was directed to contact the Metropolitan Council to inform
them of Council's concerns over traffic and the need to fully analyze
the traffic increase at T.H. 149 and I-494.
TURNER'S GYMNASTICS Council acknowledged a memo from Treasurer Shaughnessy relative
to a request from Turner's Gymnastics for city issuance of industrial
revenue bonds to refinance the Turner's gymnastic center. Council
also acknowledged a letter from Mr. Steve Fenlon on behalf of
Turner's.
Mr. Steve Fenlon, an Associate with Midwest Health Care Capitol
and member of the Turner's Board, summarized his letter of request.
He stated that he has suggested that the Cherokee State Bank and
Turner's pursue the bonding. He explained that Dakota County has
assured Turner's that when Turner's regains control of its building it
would be taken off the tax rolls. He stated that when the structure
was originally proposed and constructed, the Turner's board did not
anticipate that there would be any real estate taxes on the building,
as Turner's is a non-profit corporation. The building was taxed
$34,000 per year and Turner's was unable to make mortgage
payments and the bank foreclosed on the facility. He stated that he
is requesting a qualified SO1C3 Industrial Revenue Bond He
informed Council that one of the requirements of the Cherokee State
Bank was that they want to document this as a contract for deed, so
the city would purchase the building from the bank and
instantaneously sell it back to the bank. He stated the new financing
would reduce the interest rate from 9% to 6%.
Page No. 22
March 19, 1996
Treasurer Shaughnessy informed Council that the tax capacity of the
building is $23,000, and after fiscal disparities, the city's share of
the tax is about $1,750 annually.
Mayor Mertensotto stated that a number of yeazs ago Turner's had
requested approval for a neon sign along the freeway to increase the
number of students.
Mr. Mike Rosch, current president of the Turner's board, stated that
he was on the board when the signage issue was raised. He stated
that lack of students is not the reason the failure occurred - the
enrollment was 180 at the time the building opened and it has grown
to 560 students. He stated that signage on the building is adequate
and would not be an issue any more.
Mayor Mertensotto asked what would happen if there are problems
with low participation in three to five years and the bank forecloses.
He pointed out that this would cancel the contract for deed, but
asked whether it would also cancel the industrial revenue financing.
Mr. Fenlon responded that the financing would be canceled and the
property would immediately return to the tax rolls.
Mr. Rosch stated that Turner's has never had a problem with
participation, and that the program has continued to grow. He
informed Council hat gambling revenues were a big part of the
Turner's funding before the building was constructed, and those
revenues went from $8,000 per month in income to zero income. He
informed Council that Turner's is now debt free and if it can
repurchase the building, it can compete in the market place with the
for-profit competitors.
Mayor Mertensotto informed Mr. Rosch and Mr. Fenlon that there
are fees required to be paid to the city as part of industrial revenue
financing, and the city has never waived the fees for anyone.
Mr. Fenlon responded that he has been involved in about 120 similar
financing packages in the past seven years and all of his clients have
been benevolent associations. He sta.ted that Turner's would never
ask the city to incur any expenses, but would hope that Council
would look at this as an accommodation to a non-profit corporation.
Mayor Mertensotto "stated that the request came on the add-on
agenda and Council has not had much time to consider it. He
informed Mr. Fenlon that Council will take the request under
advisement and continue the discussion to Apri12.
�
Page No. 23
Mazch 19, 1996
Council directed City Attomey Hart to prepaze an overview,
outlining the program as he sees it, what benefits there would be to
the city, and what restrictions should be atta.ched.
CLOSED SESSION Councilmember Huber moved that Council conduct a closed session
meeting on Mazch 28 at 7:00 p.m. for the purpose of preliminary
consideration of disciplinary action.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
ADJOURN There being no fiuther business to come before the Council,
Councilmember Krebsbach moved that the meeting be adjourned.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
TIME OF ADJOURNMENT: 12:14 o'clock A.M.
Kathleen M. Swanson, City Clerk
Page No. 1
April 2, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, Apri12, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, 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.
AGENDA ADOPTION
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Smith moved adoption of the revised agenda for the
meeting.
Councilmember Krebsbach seconded the motion.
Councilmember Smith moved approval of the consent calendar for
the meeting, along with authoriza.tion for execution of any necessary
documents contained therein.
a. Acknowledgment of the minutes of the March 26, 1996
Planning Commission meeting.
b. Acknowledgment of the Code Enforcement monthly report for
February.
c. Acknowledgment of the unapproved minutes of the March 6
NDC-4 Executive Committee meeting.
d. Adoption of Resolution No. 96-14, "RESOLITTION
ACCEPTING BIDS AND AWARDING CONTRACT FOR
CONSTRUCTION OF STORM SEWER, STREET
RECONSTRUCTION AND APPURTENANT WORK TO
SERVICE CURLEY'S VALLEY VIEW, CURLEY'S
VALLEY VIEW REPLAT AND SURROUNDING AREAS
(IMPROVEMENT NO. 93, PROJECT NO. 4)," awarding the
contract to Valley Paving, Inc. for its low bid of $562,734.92.
e. Acknowledgment of a memo from Treasurer Shaughnessy
regarding levy and revenue base comparison information.
`
Page No. 2
Apri12, 1996
f. Acknowledgment of additional information from the
Superintendent of Schools regarding the proposed middle
school.
g. Acknowledgment of the renewal of the Lease Agreement with
U.S. WestlNew Vector Group for the existing antennas on the
water tower.
h. Adoption of Resolution No. 96-15, "RESOLUTION
ACCEPTING BIDS AND AWARDING CONTRACT FOR
WENTWIORTH WATERMAIN MATERIALS
(IMPROVEMENT NO. 95, PROJECT NO. 4A)," awarding
the contract to U.S. Pipe and Foundry Company for ductile
iron pipe, for its quote of $160,471.35.
i. Approval of the issuance of a wetlands permit to Ultan Duggan
to allow installation of a sub-surface drain tile to alleviate
ground water problems at 2331 Copperfield Drive.
j. Approval of the list of licenses da.ted Apri12, 1996 and atta.ched
hereto.
m. Approval of the List of Claims dated April 2, 1996 and
totaling $197,997.46.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
GOPHER ONE CALL Council acknowledged a memo from Public Works Director
Danielson regarding continued discussion on an application for
building permit from Gopher State One Call. Mr. John Bell was
present on behalf of Gopher State.
Mr. Bell stated that he has submitted site plans showing the heating
and ventilating equipment on the roof of the structure. He explained
that the units will be held back 40 feet from the building edge. He
also showed a drawing showing the structure in a perspective view
from the Centre Pointe building, and stated that the roof top units
cannot be seen from about 80% of the building. He informed
Council that the units are four by six feet, and that they are proposed
to be screened. He showed pictures of a building his firm built in
Roseville, to show the care that is taken to hide roof units. He sta.ted
that it is 3 feet, 3 inches off the roof to the top of the units and that
they will be painted out. He then showed a colored drawing of the
exterior rock face block and brick that will be used on the building.
Page No. 3
Apri12, 1996
' Mayor Mertensotto stated that he feels there should be a developer's
� agreements to tie down a11 of the representa.tions that have been '
� made. He suggested that Council could approve the permit this
evening but withhold occupancy until the agreement is executed. He
directed sta.ff to prepare an agreement to cover such issues as
parking, landscaping, rubbish disposal, screening, easements, etc.
' Councilmember Koch moved to grant a building permit to Roseville
' Properties for construction of the Gopher State One Call building
subject to the developers entering into a developer's agreement with
the city which must be executed prior to occupancy of the building.
U.S. WEST Council acknowledged a memo from Public Works Director
. � Danielson regarding a request from U.S. West to install three
cellular antenna airays (four antennas in each array) and a 12 by 24
foot cellular equipment building on the Henry Sibley High School
roof top. Two of the arrays would be located on the western portion
� of the roof, and the third would be installed on the penthouse.
Mr. Jay Littlejohn, representing U.S. West, explained that the
location does not do everything that the Mendota Plaza location
would have, but it will cover the void in service. He stated that it is
proposed to paint two of the arrays of antennas the same color as the
water tower, and the third (on the penthouse) will be painted to
exactly match the color of the school. The equipment building will
be painted to appear as a brick facade to match the school.
Councilmember Smith asked why "faux" brick was chosen instead
of matching the brick on the building.
Mr. Littlejohn responded that the brick has been on the school for a
while and has weathered, and is much darker than the original color.
Councilmember Smith asked if there will be space for other facilities
on the school, and whether the antennas and building are placed in
such a way that other facilities can be accommodated.
� Mr. Littlejohn responded that the only problem is that if two
�, facilities aze placed closer than 20 feet together, they can get cross
' interference. He informed Council that there is no exclusivity in the
� least that would prevent other companies from insta.11ing their
, antennas.
' Councilmember Krebsbach stated that if maintenance is a condition,
� she could support the request.
Page No. 4
April 2, 1996
Councilmember Smith moved to refer the U.S. West request for
location of antennas at Henry Sibley High School to the Planning
Commission.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 96-01, SUPER Council acknowledged a memo from Public Works Director
AMERICA Danielson regarding continued discussion on an application from
SuperAmerica for conditional use permit and variances to construct
a motor fuel station/convenience store at T.H. 55 and Mendota
Heights Road. Mr. Mike Reznick, from SuperAmerica was present
for the discussion.
Mayor Mertensotto stated that Council has given concept approval
to the SuperAmerica and talked about the variances for the sign but
did not conclude whether it should be a monument or pylon sign.
He explained that Council would not give a variance from the sign
size of 100 square feet.
Mr. Reznick responded that SuperAmerica would prefer a pylon
sign.
Mayor Mertensotto suggested that Council could grant approval for
the location but delay approval of the sign.
Councilmember Krebsbach stated that no signage will be allowed
along I-494. She further stated that she is an advocate of the
monument sign because it would be consistent with the industrial
park signage.
Mr. Reznick responded that the tradition in the industry is that the
sign is used for price rather than identification for the store.
Mayor Mertensotto stated that SA could show the design of the
pylon sign and at the same time give Council a design on a
monument sign that would be lower to the ground and also one that
would be further up.
Councilmember Smith sta.ted that while monument signs are used
well through the city, this would likely be much larger than the
typical monument sign. She asked if the design could be modified
to have brick columns in a pylon style sign.
Mr. Sam VanTassel, from SuperAmerica, responded that brick
columns could certainly be used.
Page No. 5
Apri12, 1996
Mayor Mertensotto asked if the band on the canopy will be lit.
Mr. VanTassel responded that only the words SuperAmerica will be
lit.
Responding to a question from Mayor Mertensotto, Mr. Van Tassel
sta.ted that SA plans to build a masonry building for rubbish. He
stated that SA wanted to attach it to the store, but it will be detached
because of direction from the city's Fire Marshal. He stated that the
store will be 80 feet long with a hip roof, with asphalt shingles, and
that the canopy will be 47 by 88 feet. In response to a question from
Mayor Mertensotto, he stated that SA would like to use a'/z inch
brick facade on the knee panel rather than anodized metal.
Mayor Mertensotto pointed out that no outside storage of
merchandise will be allowed .
Councilmember Krebsbach pointed out that the proposed approving
resolution stipulates that a 24-hour operation of the facility would be
allowed on the condition that the applicant agrees to reduce the
hours if the city finds there aze any problems with the 24-hour
operation. She informed Mr. Van Tassel that problems which would
precipitate a change in hours would not have to come from the
police departrnent.
; City Attorney Hart stated that if the city makes a determination that
� the operation on a 24 hour basis is inconsistent with the city's goals
! and values, the city can unilaterally impose a reduction in hours.
Mr. Van Tassel responded that SuperAmerica agrees to the
' condition. He further stated that SA may find, after the store is open
; for a time, that there is no mazket for the 24 hours of operation as
; well.
Councilmember Koch moved adoption of Ordinance No. 305, "AN
ORDINANCE AMENDING ORDINANCE NO. 401," to allow
motor fuel stations and motor fuel station convenience stores as a
conditional use in the B-3 Districts.
Councilmember Huber seconded the motion.
' Councilmember Krebsbach asked if the ordinance could be revised
� in the future to eliminate the proposed amendment or make it more
' restrictive.
Ayes: 5
Nays: 0
Page No. 6
Apri12, 1996
City Attorney Hart responded that there is no prohibition on
changing the zoning ordinance as long there is a rational basis for
the change, and that existing stations would be grandfathered.
Interim City Administrator Batchelder stated that Section 21.2 of the
zoning ordinance places many conditions and restrictions on motor
fuel stations, and that section of the ordinance could also be
amended should Council desire to make changes in the future.
Council then reviewed a proposed resolution to approve a
conditional use permit and variances which would allow
construction of the SuperAmerica facility.
Mayor Mertensotto stated that no decision has been made with
respect to the sign, and Council would reserve the right to approve
either a pylon or monument sign . He sta.ted that since no
deternunation has been made with respect to the sign, the resolution
should be revised to remove references to a proposed variance for
ground clearance and redesign of a monument type sign.
Responding to a question from Mayor Mertensotto, Mr. Van Tassel
stated that the canopy height will not exceed the height of the
principal structure.
Councilmember Krebsbach stated that she would like to see
screening to the Coca Cola facility on the south side of the property
and perhaps some maple bushes in the plan.
Staff was directed to revise the proposed resolution in the following
respects: to remove the references on the sign ground clearance
variance and redesign of a monument sign, to include that the
canopy height will not exceed the height of the store, that Council
will consider and approve the type of sign at a future date, and that
the applicant enter into a developer's agreement with the city.
Councilmember Smith moved a) to approve a forty foot sign setback
variance, a fifteen foot variance from the street setback from
Northland Drive for the trash facility, and a forty foot sign setback
variance; b) to direct staff to prepare a revised resolution for
approval of the requested conditional use permit to reflect the
conditions discussed this evening; and c) approval of the issuance of
a building pertnit conditioned that occupancy of the structure cannot
Page No. 7
Apri12, 1996
occur until a developer's agreement has been executed and
approved.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 96-05, DAKOTA Council acknowledged a memo and proposed resolution from
BANK, CASE NO. 96-06, Public Works Director Danielson relative to continued discussion
SUPERAMERICA on an application from Dakota Bank for subdivision of the
Curley/SOS property and an application from SuperAmerica for
� conditional use permit and variances. Council also acknowledged
' memos from Treasurer Shaughnessy regazding taac increment
financing and a memo from SuperAmerica, dated Apri12, 1996, in
' response to Council concerns discussed on March 19. Mr. John
Seidel, from Dakota Bank, and Mr. Sam Van Tassel and several
representatives from SuperAmerica were present for the discussion.
', Mr. Van Tassel reviewed a revised site plan for SuperAmerica,
informing Council that the number of islands has been reduced to
two, which reduces the canopy size to 47 feet by 66 feet. He
explained that four gas dispensers are proposed, to fuel eight cars at
one time. He stated that SA has reduced its requested hours of
operation from 24 hours per day to 18 hours per day, from 5:00 a.m.
, to 11:00 p.m. or 6:00 to midnight.
Mayor Mertensotto responded that Council had discussed 17 hours
' per day.
�
� Councilmember Smith noted that other service stations in the city
� are open as late as midnight at this time.
� Councilmember Krebsbach pointed out that the proposed facility is
right in the back yards of a residential neighborhood, and that she
could accept 5:00 a.m. to 11:00 p.m.
' Mr. Van Tassel responded that SuperAmerica could accept those
hours, but he asked that Council grant a variance from those hours
, on Friday and Saturday evenings.
� Mayor Mertensotto suggested changing the hours to 6:00 a.m. to
, midnight on Friday and Saturday.
' Councilmember Hu�er asked whether SuperAmerica would not be
better off keeping the same hours all week. -
Page No. 8
April 2, 1996
Mr. Van Tassel responded that he would not want to confuse the
customers with the closing hours. He then reviewed drawings of the
proposed brick and shingle colors, explaining that brick would be
used where the anodized panels had been proposed (the knee wall).
He stated that the canopy supports also have a brick treatment and
there will be a mansur treatment on the canopy, and the canopy
height will not exceed the height of the building. He stated that
SuperAmerica is also requesting the ability to sell diesel fuel, which
is a specially blended auto fuel. He explained that SA typically has
diesel fuel to service cars, pick-up trucks and campers. He sta.ted
that SA does not cater to large trucks. Mr. Van Tassel stated that it
is SA's goal to keep the facility as much of a community-scale
facilty as possible, and adding the diesel tank gives some flexibility
for the future as well. If the diesel tank is not approved, there will
be three fuel tanks at the lacation.
Councilmember Koch asked where the diesel pump would be if it is
allowed.
Mr. Van Tassel responded that there aze two islands proposed, and
there would be one diesel dispenser on the outside island. He
informed Council that the driveways have also been narrowed down
to 30 feet. Responding to a question from Mayor Mertensotto
regazding the possibility of increasing pazking, he sta.ted that two-
thirds of SuperAmerica's customers buy gas, and it has been found
that where there is parking to the front of the store, that is adequate
to handle the one-third of the customers who do not buy gas. He
stated that it would be possible to add parking on the east side for
possibly five cars.
Responding to a question from Mayor Mertensotto, Mr. Van Tassel
sta.ted that SA is not putting in a path connection between the
existing path and the store, but rather is taking a wait and see
approach.
Mayor Mertensotto sta.ted that Council does not want the trail
cutting at a diagonal between the residential lots.
Councilmember Smith stated that the project might be better served
by moving the trash unit back.
Mr. Van Tassel responded that contaminated soil is backing into the
first water table, and remediation could be handled through pumping
sta.tions or the contaminated soil could be removed. He stated that if
removal is not done, the Pollution Control Agency would require a
remediation shed.
Page No. 9
Apri12, 1996
Mayor Mertensotto stated that the preference would be removal of
the soil, and that Council does not want a remediation shed.
Mr. Van Tassel responded to the points discussed at the last
meeting. He stated that:
1. SA will not install any off-site signs along T.H. 110 or I-35E.
2. The trash enclosure will be the same brick as the building itself
and will have a roof.
3. Additional landscape will be provided to buffer the parking
along Lexington Avenue and into the T.H. 110 right-of-way (if
allowed).
4. The 14 foot, 6 inch cleazance on the canopy is standard.
5. Condensing units are in the rear of the building, and SA will add
a brick wall to screen them from the south.
6. There will be no exterior storage.
7. The roof material will be Timberline shingles.
8. SA would like windows in the car wash for two reasons - some
people get claustrophobic, and they dress up the building. He
informed Council that SA could go either way on the issue of
windows.
Mayor Mertensotto asked what construction schedule is envisioned,
and what the demolition schedule is.
Mr. Van Tassel responded that construction would likely start in late
summer, with the facility opening in November. He stated that
demolition of the existing structures should take three to four weeks
at most.
A lady in the audience stated that she is in favor of the car wash.
Mr. Lawrence Ryan, 2119 Patricia, stated that he is in favor of the
entire project, including the car wash. He felt that it would be good
for the Curley neighborhood to have the site cleaned up.
Mr. Jim Kilburg, 819 Cheri Lane, stated that he has been following
the proposal since it was initially presented and that he thinks the
project would be good for the community. He further stated that he
definitely would like to see the car wash included and that he does
not lrnow why Council members object to diesel. He sta.ted that
many cars and trucks use diesel and he would like to see it approved.
Councilmember Krebsbach responded that she has beeri contacted
by residents who say that they do not want diesel at the station.
�
Page No. 10
Apri12, 1996
Mr. John Nides, 2094 Patricia, stated that he is opposed to the car
wash because of noise and safety concerns.
Mayor Mertensotto pointed out that TIF is being requested by the
developers. He asked what the plans are for construction of the
bank.
Mr. Seidel responded that there are still hurdles to get through once
Council grants planning approval, but he would like to start
construction on the bank this fall and open next spring.
Councilmember Koch stated that one of the reasons she had asked
where the diesel pump would be is because Council members have
indicated that they do not want big trucks to use the facility. She
pointed that the right circulation pattern would be needed to
accommodate lazge trucks, and if diesel fuel is located where the
plan shows, it would be difficult to attract a large truck to the
�•proposed location of the diesel pump. She sta.ted that since
SuperAmerica has reduced the number of islands, she would be
willing to compromise on diesel.
Mayor Mertensotto responded that SuperAmerica might modify the
circulation pattem in the future. He stated that the site is very
limited and it is a neighborhood station. He felt that it would be
more appropriate to ha.ve diesel at the other SuperAmerica, which
would only be about a mile away.
Mr. Van Tassel stated that SuperAmerica markets to cars, station
wagons and pick-up trucks, and is not marketing to the big trucks.
He stated that the diesel mixture is automotive diesel, for light trucks
and cars, and is much more expensive than someone who drives the
large trucks would want to spend. He further stated that
SuperAmerica would agree not to advertise diesel.
Councilmember Krebsbach responded that Council is not talking
about tractor-trailers, but would like to keep the station on a small
scale and primarily for cars.
Councilmember Smith stated that she has decided to keep an open
mind on the issue since she knows there is some demand for diesel.
She informed Council that she has found in her research that a
station on Robert Street has larger trucks (2 tons and larger) using its
diesel pump. She stated that keeping in mind that Council wants to
keep the SuperAmerica on a neighborhood scale, it would be her
preference that there be no diesel at this location. Also, she stated
that she has an article which indicates that many commercial fleet
�
Page No. 11
Apri12, 1996
operators are not going to continue with their own diesel fuel and are
going to retail.
Councilmember Huber asked wha.t SuperAmerica is proposing for
operating hours.
Mayor Mertensotto responded that the proposal is four eighteen
hours - 5:00 a.m. to 11:00 p.m. Sunday through Thursday, and 6:00
a.m. until midnight on Friday and Saturday.
Councilmember Huber stated that he would consider 5:00 until
midnight on Frida.y and Saturday to keep the opening hour
consistent. He felt that it would make sense to have the same
starting time. �
A gentleman in the audience who lives two blocks from the site
stated that the hours do not seem to be a problem, but it certainly
makes sense that they be allowed to be open from 5:00 a.m. to
midnight on Friday and Saturday. He further stated that it is very
fiustrating to go somewhere one day and it is open and the next da.y
it isn't. .
Mr. Nides stated that he would rather see consistent hours and if it is
open until midnight on Frida.y and Saturda.y he would expect it to be
open until midnight the other days. He stated that he would prefer it
be open unti111:00 every day.
Mayor Mertensotto agreed that the hours should be consistent, as it
is a neighborhood station.
Councilmember Koch stated that she has no problem with hours of
5:00 a.m. to midnight.
Mr. Leslie Leko, a manager for SuperAmerica, stated that there are
many stations that have time restrictions, and some do close at 11:00
p.m. with midnight closing on Friday and Saturda.y. He stated that
this is a community store, and the extra hour on Frida.y and Saturday
is a benefit to the community.
Mayor Mertensotto asked if the car wash would be open during the
operation hours for the store.
Mr. Van Tassel responded that it will. He stated that the dryers are
inside the car washes, and the doors are closed at a11 tirries, so noise
from the car washes is minimized.
Page No. 12
Apri12, 1996
Mayor Mertensotto stated that he could agree to the extended hours
on Friday and Saturda.y nights and that he would also agree that
there can be windows on the caz wash, but if the windows are broken
in the future they must be repaired immediately. He suggested that
there could be overflow parking along the T.H. 110 frontage road,
but he would not agree to diesel. He further stated that the pedway
should remain where it is now. He asked Mr. Van Tassel about the
sign.
Mr. Van Tassel responded that the proposal is for a 92 squaze foot
monument sign.
Councilmember Smith stated that she would like to defer the sign as
well, and look at the signs for both of the SuperAmerica facilities in
the future.
Councilmember Krebsbach stated that she would like Council to
reserve the right to reconsider the car wash hours should noise
become a problem.
Councilmember Smith asked if it would be possible to set the trash
enclosure back so that it is not flush with the main building.
Mr. Van Tassel responded that it can be indented.
Mayor Mertensotto stated that if the conditional use permit is
approved, Council will reserve approval of the landscaping plan
until after construction begins. He further stated that Council will
not allow SuperAmerica to sell any of the residentiallots until after
the bank is in place and the SuperAmerica is in operation.
Mr. Jack Boarman, project architect, responded that he understands
that that will be one of the conditions of the developers agreement.
He then briefly reviewed dra.wings for the proposed one and one-half
story bank structure. He explained that he will come back and
review final design plans as the project progresses, a.nd sta.ted that
the bank will not need any variances and SuperAmerica will need
only two variances.
Councilmember Smith stated that she would be willing to consider a
slightly larger variance for SuperAmerica if the trash area is pulled
back a little.
Mayor Mertensotto pointed out that no trees or any part of the wall
can be removed until there is a finalized landscape plan. He further
stated that Council has must still discuss the TIF amount and the up
Page No. 13
Apri12, 1996
front costs. He stated that the city would be paying one half of the
frontage road costs and Mn/DOT would pay the other half. He
asked if there are any estimates for demolition of the existing
facilities.
Treasurer Shaughnessy responded that the figure he used wa.s based
on an estimate of $50,000 for total demolition costs and removal of
all of the buildings.
Mr. Boarman stated that since he has not yet sent bids out, he is
estimating the various site eligible costs, and the cost he has
estimated to date is for re-grading the entire site, demolition,
construction of the berm, and utilities for the entire site, but the city
is taking a different approach. He explained that some of his
$250,000 estimate included demolition, and stated that he views the
city's calculations as based on construction values which he had
presented as what appears to be the eligible tax base for TIF
eligibility.
Treasurer Shaughnessy stated that the way the tax increment
proposal was presented was that the demolition and the frontage
road costs would be paid for from existing tax increment funds and
the balance of the site work would be pay as you go.
City Attorney Hart informed Council that the city will require that
there be proof of costs in the TIF developers' agreement. He
explained that proof of eligibility and proof that the expenses have
actually been incurred will be required, and the actual axnount of TIF
benefits on the pay as you go note will be reduced if the
development is not completed by 1997. He further stated that the up
front TIF would not be reduced because it would be from existing
tax increment funds. He explained that the city has always asked
that the developers' legal counsel to stipulate that the tax increment
is being advanced to support eligible costs.
Treasurer Shaughnessy informed Council that staff has applied to
the sta.te to include frontage road funding for this yeaz, but if the
scope of fronta.ge road improvements extends beyond what the state
allows, there may be some additional costs.
Mayor Mertensotto pointed out that there will be a park contribution
requirement for the residential lots. He stated that there appeazs to
be consensus, and Council could grant concept approval in principle
to the project subject to execution of a developers' agreement. He
further stated that in advance of the developers' agreement, Council
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
�
Page No. 14
Apri12, 1996
will have to amend the zoning ordinance for motor fuel stations and
drive-in bank facilities as conditional uses.
City Attorney Hart was directed to draft a developers' agreement.
Councilmember Smith moved to grant concept approval to the
subdivision, the two variances being requested for SuperAmerica,
and the conditional use pernuts subject to the following conditions:
that the hours of operation for SuperAmerica be from 5:00 a.m. until
11:00 p.m. Sunday through Thursday and until midnight Friday and
Saturda.y; that there be no diesel fuel sold at the facility; that the
there be only two gas islands and only three tanks; that the canopy
size be 47 by 66 feet; that the building will have all the features
described in the materials submitted by SuperAmerica; and with the
understanding that SuperAmerica representatives have indicated that
they will work with the city to find remedies to any concerns of the
neighborhood and City Council, including a reduction in hQurs.
Councilmember Koch seconded the motion.
�
Mayor Mertensotto informed the representatives of the bank and
SuperAmerica that although concept approval has been granted, no
building permits will be issued until the developers' agreement has
been signed.
Council acknowledged and briefly discussed a proposed ordinance
to allow motor fuel station convenience stores as conditional uses in
the B-2 zoning district and banks and banking as permitted uses in
the B-2 district. It was the consensus to revise the draft ordinance to
add banks and banking institutions with drive-in facilities as a
conditional use.
Councilmember Huber moved to give concept approval to a
conditional use permit for Dakota Bank for a bank with drive-in
facilities.
Councilmember Smith seconded the motion.
RECESS Mayor Mertensotto called a recess at 10:15 p.m. The meeting was
reconvened at 10:25 p.m.
CASE NO. 96-04, DAKOTA Council acknowledged an application from the Dakota County
COLTNTY HRA - SENIOR Housing and Redevelopment Authority for rezoning, conditional use
HOUSING permit, Comprehensive Plan Amendment, variance and subdivision
approval. Council acknowledged reports from the Public Works
Page No. 15
Apri12, 1996
Director, Administrative Intem, City Planner, and letters from the
HRA, the project azchitect, the Dodge Nature Center, and Mr.
Bernard Friel. Council also acknowledged a proposed ordinance to
add a senior housing element to the Zoning Ordinance, a proposed
ordinance to rezone the HRA property. In addition, Council
acknowledged a proposed approving resolution presenting a history
of the application and citing findings with respect to hardship,
housing goals and need. Ms. Kari Gill, Deputy Executive Director
of the HRA, and Mr. Jay Nelson, from BRW, the project architect,
County Commissioner Patrice Bataglia, and Mark Ulfers and
Colleen Loney, from the HRA were present for the discussion.
Ms. Kari Gill, Deputy Executive Director of the HRA, gave Council
and the audience a history of the proposed project. She stated that
the Planning Commission conducted hearings on the planning
application in January and February, and recommended approval in
Mazch. She informed Council that, in response to Planning
Commission discussions, lighting has been reduced by 45% in the
pazking area, that a berm and landscaping will be installed to
provide a barrier to the nature center, and nine pazking spots have
been added. Ms. Gill sta.ted that the proposal is similar to the other
seven HRA senior citizen buildings in the county, although it has
more land per unit than the others. She pointed out that the facility
will help the city meet the goals of the Livable Communities Act.
Mr. Nelson informed the audience that the building is proposed to be
located at the end of South Plaza Drive and will be oriented towazds
T.H. 110. He explained that the grading on the east side will be
realigned to create a significant berm, and informed Council that
many trees will be added to the berm to screen it from the nature
center, and that the existing trail will be realigned azound the
building and will be paved. He stated that it would be possible to
lower the building one more foot, but adjustments would need to be
made in the storm sewer pipe, and that the first floor is currently at
an elevation of 861 feet as compazes to the bank, which is at 850
feet. Responding to a quesrion from Mayor Mertensotto about how
much higher the overall building would be than the bank building,
Mr. Nelson responded that the bank is a three story commercial
building, which has deeper floors and should be compazable even
though the senior facility would start out ten feet higher in elevation.
He then reviewed an elevation of the building. He explained that it
is a u-shaped three story building with brick and white lap siding
(probably steel) on the exterior to create a maintenance free facility,
and that brick will continue around the east side. There will be a
covered porch and a covered screened porch at the front.
�
Page No. 16
Apri12, 1996
Mayor Mertensotto asked if the city could vacate its right-of-way so
that it could be added to the HRA properiy. He felt that it would
make sense to square off the property.
Public Works Director Danielson responded that the HRA would
need to acquire fee title to the property, and that there would need to
be research to see who the underlying fee owner is.
Councilmember Smith stated that she understands that the right-of-
way is only 60 feet wide in the area to the east, and there would still
be a notch that is dedicated park land.
Mayor Mertensotto asked staff to reseazch the possibility of adding
public land to the site.
Mayor Mertensotto stated that one thing the Planning Commission
has indicated to Council is that the city would have to change the
under.lying zoning to R-3 and that the Commission wants to work
with Council on a senior housing ordinance. He explained that the
Commission has suggested that Council grant the required variances
for this structure and continue to work jointly to develop an
amendment to the R-3 provisions for senior housing. He pointed out
that once an amendment has been adopted, the HRA facility would
be "grandfathered," and he felt that this would be appropriate action.
He asked Ms. Gill how many variances are required.
Ms. Gill responded that variances are required for lot axea, the
number of parking spaces, unit size and storage. She explained that
the smallest one bedroom unit is 664 square feet and the ordinance
requires 750 square feet. She sta.ted that it is the HR.A's experience
that pazking is more than adequate based on the facilities which the
HRA currently operates.
Mayor Mertensotto sta.ted than another concern of the Planning
Commission is that there be some provision for an exercise azea.
Ms. Gill responded that there is a common space on the third floor,
about 200 square feet, which no use had been designated for as yet.
She explained that the HRA usually lets the residents decide the use,
and in several buildings there are exercise bikes. Responding to �
other questions, she stated that smoking is not allowed in the
common areas but residents can smoke in their own units, that the
trail connects at both ends of the existing trail, and that there are
over 300 people on the interest list for the building. . �
�
Page No. 17
Apri12, 1996
Councilmember Krebsbach stated that her concem is less about the
structure but whether there are any issues that need to be addressed
for the Dodge Nature Center.
Mr. Nelson responded that the elevation of the soil by the building
has been raised by 10 feet to reduce the building's presentation to
the nature center and there will be more natural landscaping to
lessen the building's impact.
Councilmember Krebsbach asked if there have been any
neighborhood concerns. Ms. Gill responded that at the initial
Planning Commission meeting there was a concern about whether
the road would go through to the neighborhood, but Public Works
Director Danielson informed the residents that the potential for road
extension would be eliminated if the HItA project is approved.
Councilmember Smith asked what the total square footage of the
proposed building is as it relates both to private and common spaces.
Mr. Nelson responded that the building is about 65,000 square feet
there is an average of about 250 square feet of public common space
per unit. He sta.ted that the total community space is just under
5,000 square feet, not including hallways, etc. He informed Council
that the building will have a community room, laundry rooms on
each floor and a lounge in front of each of the laundry spaces. There
will also be meeting and library spaces. He stated that there is also
about 250 square feet of azea on the lower level of the building that
is available for a work shop.
Councilmember Smith stated that the building does include space
for the residents beyond just the units, and that Council must
recognize that while the units are smaller than the ordinance
requires, there is much common space.
Councilmember Huber asked how the HRA will decide which 65
people get to occupy the structure, given the size of the interest list.
Ms. Gill responded that at the point when construction begins, the
HRA begins taking applications with specific deadlines and a
random drawing will be held. She stated that preference is given to
Dakota County residents, and it is typically found that the people
come from the area in which the facility is located or they have
faxnilies in the area.
Councilmember Koch stated that many of the comments she has
received from residents indicated that they had a perception that the
Page No. 18
Apri12, 1996
cooperative agreement which was signed by the city in December
made the project a"done deal," and that Council would grant any
variances and whatever it would take to approve the project. She
pointed out that this is not true, and that Council definitely wants
senior housing but did not agree in December to all of the
conditions. She further stated that Council asked for the additional
25 market rate units because of all of the calls received from
residents who do not qualify for subsidized housing. She stated that
65 units is a lot of units on the site acreage, and that it is a
misrepresentation that there was a guarantee given in December that
the project would be approved.
Mayor Mertensotto stated that Council asked for the 25 market rate
units so that more of the city's residents could participate in the
project. He pointed out that because the project is low and moderate
income housing it must, of necessity, be more dense. He stated that
the project is for senior housing and that the �iRA lalows the needs
of seniors. He did not tlunk that the city could find a better site for a
senior housing facility because it is within walking distance from the
shopping center.
Dr. Greg Lee, Executive Director of the Dodge Nature Center, sta.ted
that the na.ture center is in support of the senior housing facility at
the proposed site. He further stated that when the project was first
proposed by the HRA, he was assured by the HRA that this would
be a 40 unit facility and that it would be well landscaped. With that
assurance, he went to his Board to ask for a support letter to the
HRA, and after sending the letter he heard no more from the HRA
until the January Planning Commission meeting. At that time, the
HRA presented a 65 unit project and talked not about screening the
nature center property, but rather about how much the project's
residents would enjoy looking out over the center's property. He
stated that the HRA has done what it can do in good faith to screen
the structure as much as possible but he is still concerned that the
building as proposed is over-large in comparison to other shuctures
in the area. He stated that it is a three story structure with a gabled
roof and would give the appearance of a sixty foot tall structure - it
is ten feet above the bank on a hill.
Mayor Mertensotto pointed out that there is a 10 foot difference in
the elevation of the ground floor and that the bank is a three story
building.
Dr. Lee responded that there could be a 30 to 35 foot height
difference between the proposed building and the bank, and if the
nature center begins restoration of its property for the enjoyrnent of
Ayes: 5
Nays: 0
Page No. 19
Apri12, 1996
Mendota Heights residents, people who walk the center's site will
see an overwhelming building. He stated that he would like the
HRA to stick to its promise of fully screening the building, and he
would like to see more done to screen the building from view.
Mayor Mertensotto stated that he does not think promise is a fair
word - the HRA has always talked about a three story building, and
he does not see anything wrong with senior citizens enjoying the
view of all of the acreage of open space to the east which is not on
the tax rolls.
Mr. Nelson stated that the gables on the end aze disguising the
longer roof on that edge of the building. He explained that the
height of the building from the first floor will be about 42 feet,
which is the height that will be presented to the nature center, and
the bank is probably about 36 feet tall.
Mr. Lee stated that he does not see any hazdships for the variances.
City Attomey Hart responded that it is not just a matter of hardship,
but that the ordinance states that hazdship or practical difficulty are ,
needed for variances and there are practical difficulties with the site.
Mayor Mertensotto stated that Council knows that Dakota. County
will own the project for at least thirry years, which is the term of the
bonds for the project. He further stated that he believes the site is
appropriate, and while it does not meet all of the requirements that
the city would like to see, what Council is considering is subsidized
housing so that the city's seniors can continue to live in the
community. He felt that Council should proceed with granting the
zoning change to R-3, granting the variances and conditional use
permits, and approving the project in concept so that the HR�� can
proceed.
Councilmember Huber moved adoption of Ordinance No. 307, "AN
ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the
HRA property to R-3.
Councilmember Smith seconded the motion.
Councilmember Huber moved adoption of Resolution No. 96-17, "A
RESOLUTION APPROVING A PRELIMINARY PLAT,
CONDITIONAL USE PERMITS FOR MINING AND A
STRUCTURE OF MORE THAN 25 UNITS, AND VARIANCES
FOR LOT AREA, PARKING, UNIT SIZE„ AND STORAGE TO
�
Page No. 20
Apri12, 1996
THE DAKOTA COUNTY HRA TO BUILD AND OPERATE A
SENIOR HOUSING FACILITY."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 96-07, MENDOTA Council acknowledged an application from Carmen Tuminelly
HOMES and John Mathern (Mendota. Homes) for the subdivision of land
located along I-35E, adjacent to Crown Point. Council also
acknowledged reports from the City Planner and Administrative
Intern. Mr. Mathem was present for the discussion.
Mr. Mathern sta.ted that he appeared before Council in the past for
preliminary discussion on a possible proposal for 10 townhouse
units on the property but received on answer and instead now
proposes an eight lot single family subdivision. He explained that
he is asking for front yard setback variances for two lots at the end
of the cul-de-sac, a lot width variance on one lot, and that the right-
of-way be 55 feet rather than 60 feet. He stated that he proposes to
move the existing house and reduce the four-car garage to a two-car
garage. He sta.ted that the roadway coming into the property is only
17 feet wide, which is quite narrow, but when it comes into the new
cul-de-sac, it will be a full width city street. He explained that the
cul-de-sac is proposed to be about 450 feet long from the frontage
road, but it is the only way to service the properiy with a road.
Mr. Peter Kronschnabel, 871 Crown Circle, expressed concern about
the increased traffic wluch would result if the project is built. He
stated also that there is no turn lane into Crown Point from the west
and it is very difficult getting in. He felt that there should not be
eight new homes on an existing seventeen foot road.
Ms. Mary Ann Orfei stated that traffic problems do exist now but the
last improvements made to the frontage road actually made the road
more narrow. She stated that it is not safe now and additional traffic
will only worsen matters. She felt that the developers are continuing
to try to find solutions for what was a bad inveshnent, and she
questioned the value of the homes. She stated that she has heazd that
the lots are being marketed at $79,000 each and none of the existing
four lots have been sold. Ms. Orfei stated that she felt that removing
the existing home and developing the property as a five twin home
PUD, as Mr. Mathern had proposed in the past, would be better for
the neighborhood. She further stated that increasing the traffic on
the frontage now before anything is done to address the current
safety hazards is a major concern for her.
Page No. 21
Apri12, 1996
Mayor Mertensotto stated that he is concerned that the northwest
and southwest lots are not high enough off the level of the cul-de-
sac.
Mr. Mathern responded that the two front yard setback variances
could be abandoned by reducing the sizes of the house pads and
moving them back to the setback line.
Councilmember Krebsbach stated that she would like to see single
family development on the site and would like to see where an
accommodation can be made, perhaps six or seven lots rather than
eight. She expressed concern that the homes not look like
townhomes, all having the same design, and stated that she would
like to retain the evergreen border along the frontage road.
Responding to a question from Mayor Mertensotto, Public Works
Director Danielson sta.ted that any widening of the road would have
to be to the north, as the bank on the highway is very steep.
Councilmember Huber felt that eight lots are too many lots, and
stated that people have expressed that they would prefer six lots.
Councilmember Smith cautioned Mr. Mathern to pay attention to the
Planning Commission comments about creating strange-shaped
parcels to accomplish 15,000 square foot lots.
Mr. Tim O'Gara. stated that the proposals for developing the
property seem to have been going on forever. He stated that when
Council approved a four lot subdivision of the properiy for Mr.
Tuminelly, he understood that would be the end, but then there was
a proposal for townhouses and now for an eight lot subdivision. He
pointed out that the existing home is smaller than all of the all of the
house pads that aze proposed.
Councilmember Koch moved to grant a continuance up to 120 days
from the time of the planning application to allow the developers to
come back with a proposal with no variances and where all lots meet
the minimum requirement, including the required frontage at the
setback line.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
Cou.ncilmember Smith sta.ted that she wants to ensure that the road
going back to the development azea would be sufficient and safe for
the flow of traffic. She asked staff to see what the options are and to
determine if what has been proposed is sufficient.
Page No. 22
Apri12, 1996
FIRE TRUCK BIDS Council acknowledged a memo from the City Clerk regazding bids
received for a new fire truck.
Mayor Mertensotto directed that the specifications be referred back
to the Fire Department for review and modification so that more
than one bid is received on the re-bidding process.
Councilmember Smith moved to reject all bids as recommended,
and to refer the specifications back to the Fire Department.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
TURNER'S GYMNASTICS Council acknowledged a memo from Treasurer Shaughnessy
regarding the request from Turner's Gymnastics for Industrial
Revenue Bonds.
Mayor Mertensotto stated that unless the bank is willing to
foreclose, he would not want to issue bonds even if the bank
indemnifies the city. He pointed out that the city does not want to
get ownership of the land.
Treasurer Shaughnessy responded that representa.tives of Turner's
aze not present tonight, as the request before Council this evening is
to schedule a public hearing. He recommended that Council set the
hearing for May 7 and discuss concerns at the hearing.
Councilmember Krebsbach moved adoption of Resolution No. 96-
18, "RESOLUTION RELATING TO A REVENUE NOTE
FINANCING FOR TWIN CITIES TURNERS GYMNASTICS
CENTER," calling for a hearing on May 7.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
GIS Council acknowledged a memo from Administrative Intern Hollister
regarding participation in Phase II of the Dakota County GIS (aerial
photography agreement amendment). Mr. Gary Stevenson, Dakota
County Surveyor, and County Comrnissioner Patrice Bataglia were
present for the discussion.
Mr. Stevenson informed Council that the aerial photography cost
sharing agreement has been in existence since 1991.and it is
proposed that the agreement be upda.ted. He explained that the first
agreement was for one-time cost sharing, and the amendment is
Page No. 23
Apri12, 1996
basically a continuation of the agreement. He informed Council that
other ten cities have already executed the amendment.
Councilmember Krebsbach stated that she has opposed GIS because
she does not think it protects data. She was concerned about who
has access to the information and who it is sold to, and stated that
the information can be easily integrated with other data that is
available.
Mr. Stevenson responded that GIS is strictly the physical data base,
and any of the information which is currently in the data. base is
public data and access cannot be restricted. He explained that there
is a license agreement that limits what can be done with the data..
Councilmember Huber moved to authorize payment of the $5,000
NSP grant for GIS to Dakota County Economic Development
Partnership for participation an Phase II and payment of $3,340.55
from the Mendota. Heights account in the Dakota County GIS
Enterprise Fund for updating the GIS data base.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 1 Krebsbach
� MIDWEST GAME F ST Council acknowledged a memo from the Administrative Intem
regarding a request from Jim and Kim Tousignant (Pintail
Productions) for authoriza.tion to conduct a"Midwest GameFest"
from August 2 to4 on land held by Victor Properties east of I-35E,
between Mendota. Heights Road and I-494. Mr. & Mrs. Tousignant
were present for the discussion.
Mr. Tousignant informed Council that there aze several game fests
held throughout the country, and they are held in Alexandria, Anoka
and Spicer in Minnesota. He stated that he anticipates that anywhere
from 5,000 to 7,000 would attend the event over the three days, but
that he does not think there would be a traffic problem.
Mayor Mertensotto pointed out that when St. Thomas has a large
event, with perhaps 2,000 people attending, there are many traffic
jams.
Mr. Tousignant stated that there is parking for about 1,900 vehicles
on site, and he has talked to representatives at Visitation and St.
Thomas about using their property for overflow parking. He stated
that safety and traffic flow aze foremost concerns to him.
Responding to a question from Mayor Mertensotto, he stated that the
event will go on, rain or shine. With respect to city concerns over
LNABLE COMMiJNITIES
Page No. 24
Apri12, 1996
guns and alcohol, he stated that it is not a gun show or gun shop, and
there will be many controls. He also stated that 3.2 beer is not
necessary.
Further discussion on the request was tabled indefinitely.
Cou.ncil acknowledged a memo from Interim Administrator
Batchelder regarding review of a proposed Livable Communities
Act action plan. Discussion was tabled to April 16.
CELL TOWERS Council acknowledged a memo from Administrative Intern Hollister
regarding a model lease agreement and Zoning Ordinance changes
with respect to cellular towers. Discussion was tabled to April 16.
PLANNER INTERVIEWS
Ayes: 5
Nays: 0
Council acknowledged and briefly discussed a memo from Interim
Administrator Batchelder regazding conducting a workshop for
consideration of request for proposals for planning services.
Councilmember Koch moved to conduct an adjourned meeting at
7:30 on Apri130 to consider planning proposals.
Councilmember Huber seconded the motion.
ADJOURN There being no further business to come before the Council,
Councilmember Koch moved that the meeting be adjourned.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
TIME OF ADJOURNMENT: 12:54 o'clock A.M.
Kathleen M. Swanson, City Clerk
�
Ayes: 4
Nays: 0
U.S. WEST
Page No. 3
Apri12, 1996
Mayor Mertensotto stated that he feels there should be a developer's
agreements to tie down all of the representations that have been
made. He suggested that Council could approve the permit this
evening but withhold occupancy until the agreement is executed. He
directed sta.ff to prepa.re an agreement to cover such issues as
pazking, landscaping, rubbish disposal, screening, easements, etc.
Councilmember Koch moved to grant a building permit to Roseville
Properties for construction of the Gopher State One Call building
subject to the developers entering into a developer's agreement with
the city which must be executed prior to occupancy of the building.
�C�ouncilmember Smith=seco`nded-the mo o'n�
Council aclaiowledged a memo from Public Works Director
Danielson regardi.ng a request from U.S. West to install three
cellulaz antenna arrays (four antennas in each array) and a 12 by 24
foot cellular equipment building on the Henry Sibley High School
roof top. . Two of the anays would be located on the western portion
of the roof, and the third would be installed on the penthouse.
Mr. Jay Littlejohn, representing U.S. West, explained that the
location daes not do everything that the Mendota Plaza location
would have, but it will cover the void in service. He stated that it is
proposed to paint two of the azrays of antennas the same color as the
water tower, and the third (on the penthouse) will be painted to
exactly match the color of the school. The equipment building will
be painted to appear as a brick facade to match the school.
Councilmember Smith asked why "faux" brick was chosen instead
of matching the brick on the building.
Mr. Littlejohn responded that the brick has been on ;the school for a
while and has weathered, and is much darker than the original color.
Councilmember Smith asked if there will be space for other facilities
on the school, and whether the antennas and building are placed in
such a way that other facilities can be accommodated.
Mr. Littlejohn responded that the only problem is that if two
facilities are placed closer than 20 feet together, they can get cross
interference. He informed Council that there is no exclusivity in the
least that would prevent other companies from installing their
antennas.
Councilmember Krebsbach stated that if maintenance is a condition,
she could support the request.
Pursuant to due call �
of Mendota. Heights,
Minnesota.
Mayor Mertensotto
present: Mayor Me�
I:i•'� •
Page No. 1
Apri12, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Annual Boazd of Review Meeting
Held Tuesday, Apri12, 1996
notice thereof, the Annual Board of Review meeting of the City Council, City
� held at 7:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights,
the meeting to order at 7:00 o'clock P.M. The following members were
;o, Councilmembers Huber, Koch, Krebsbach and Smith.
Mayor Mertensotto informed the audience that the meeting concerns
the assessed value of properties for taxes which will be due in 1997.
He explained that everyane must have submitted a letter regazding
their valuation or must sign a register this evening if they wish to
reserve their rights to appeal the valuations.
Mr. Bill Peterson, Manager of Residential Properiy with the Dakota.
County Assessor's Office, stated that the purpose of the meeting is
to discuss the 1996 estimated mazket values for 1997 property taaces.
He informed the audience that valuation notices were mailed to a11
property owners in late February and that open book meetings were
held by the Assessor's Office in March. He informed Council that
66 Mendota. Heights property owners appeared at the open book
meetings.
Mr. Peterson informed the audience that the average residential
property value increase in Mendota Heights this year, without new
construction, was about 3.4%. He stated that the Assessor is
required by law to re-appraise 25% of the properties in each city
each year, and that the CAMA system was again used this yeax. He
informed the audience that after general questions aze received, he
and other staff inembers from the Assessor's Office will meet with
all of the properiy owners in attendance to hear specific questions
about their property valuations.
Mayor Mertensotto informed the audience that Council will continue
to Boazd of Review meeting to April 16 so that Council can get a
follow up report back from the Assessor's Office before the Review
Boazd is formally closed.
Council acknowledged letters received from the following property
owners: Northern States Power Company; Richazd Grayson, 1805
ATTEST:
Charles E. Mertensotto
Mayor
�_
Page No. 2
Apri12, 1996
Eagle Ridge Dr.; Diane Smookler, 682 Ivy Falls Court; Howard
Silverman, 1027 Overlook Road; Marilyn & Eric Miller, 681 Ivy
Falls Court; Burt Swanson, 876 Highview Circle North; Charles
Kopp, 916 Highview Circle North; James Day, 1870 Eagle Ridge
Drive; James Hickey, 1636 Pamela Lane; Catherine Paulsen, 803
Hazel Court; Jeffery Jaffe, 682 Woodridge Drive; Lynn Johnson,
689 Arcadia Drive; Michael Ryan, 842 Park Place; Robert
Lockwood, 2 Hingham Circle.
There being no further questions or comments, the Boazd of Review
meeting was continued to April 16 to allow the assessor's office two
weeks to respond to property owners whose questions aze not
resolved in the individual meetings with the assessor's staff this
evening.
Ka.thleen M. Swanson, City Clerk
_ � _
The regular r
held on Wed
Victoria Cur�
following me
Commissione
Batchelder ai
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMMISSION
APRIL 10, 1996
:eting of the Mendota Heights Airport Relations Commission was
;sday, April 10, 1996 in the City Hall Large Conference Room, 1101
. The meeting was called to order at 8:00 o'clock P.M. The
bers were present: Beaty, Leuman, Fitzer, Olsen, Stein and Gross.
Surrisi was excused. Also present were Interim City Administrator
I Senior Secretary Kim Blaeser.
APPROVAL O� MINUTES
Co
AYES:
NAYS:
Gross moved approval of the February 14, 1996 minutes.
Olsen seconded the motion.
ACKNOWLE�GE RECEIPT OF VARIOUS
REPORTS/CO RESPONDENCE
The C'mmission acknowledged receipt of the MASAC March 26, 1996
Agend and February 27, 1996 Minutes. Chair Beaty stated that Northwest
Airline intends to hushkit 27 of their 727s. Commissioner Olsen inquired if
there are statistics available comparing hushkitted aircrafts and non-
hushki ed aircrafts. Beaty pointed out that the ANOMs reports indicated
which ircraft are hushkitted and that the Top 10 Loudest Noise Events do
not in lude DC-9 aircraft that have been hushkitted. Commissioner Fitzer
inform d the Commission that he had been walking through the Copperfield
neighb rhood when a DC-9 aircraft flew over. He stated that this aircraft
was n t a loud aircraft and assumed that it had been hushkitted.
Comm ssioner Leuman inquired about Runway 11 R construction project.
The C mmission discussed their concerns for increased air traffic during the
constr ction process and that Mendota Heights should insist that the air
traffic head straight down the corridor and that there is no need to head the
aircra 15 degrees further north. Commissioner Gross stated that the City
1
. �.
�
should get a commitment on how the additional air traffic will be directed
before the summer construction begins. He stated that the City's opinion
should be recorded noting our stance. The Commission felt that
Councilmember Smith should discuss this request at an upcoming MASAC
meeting. Chair Beaty suggested that this item be included on the
Commission's Airport Plan of Action.
The Commission acknowledged receipt of the February 16, 1996 MASAC
Operations Committee Minutes. Chair Beaty discussed a Star Tribune article
written by J. Robert Stassen, Deputy Executive Director of the Metropolitan
Airports Commission. Beaty stated that Mr. Stassen admits that Mendota
Heights experiences 55 percent of air traffic. Beaty stated that he had
argued with Mr. Stassen over a year ago through news articles in the Sun
Current, that Mendota Heights receives more than its fair share of air noise.
Beaty stated that Stassen disagreed. Beaty stated that Mr. Stassen believes
that the GPS will help defuse the noise of landing aircraft. Beaty stated that
in essence, the GPS could create more trouble for Mendota Heights because
it could allow tight final turns on arrivals.
The Commission acknowledged receipt of the MASAC Technical Advisor's
Report for February 1996. Chair Beaty noted his disappointment with the
lack of Mendota Heights residents complaining about air noise. The
Commission noted their disappointment that the MAC hotline is a recorder
and that this deters residents from calling in complaints.
The Commission acknowledged receipt of the Corridor �Gate Penetration
Analysis for February 1996.
The Commission acknowledged receipt of the MSP Monthly Complaint
Summary for 1995. Chair Beaty noted that the Fleet Mix Summary
indicates that the use of Stage II aircraft at MSP has increased. He stated
that this is known as "backsliding" and that this should be researched.
Commissioner Fitzer stated that MSP should be seeing an increase of Stage
III aircraft because Northwest Airlines is hushkitting DC-9s and adding 757s
and DC-10s to their fleet. All of these aircrafts are considered Stage I11.
Fitzer stated that these additional planes could be flying elsewhere.
Commissioner Gross stated that a letter should be sent informing the MAC
and Northwest Airlines that Mendota Heights is aware of "backsliding" and
that this is an unacceptable process. Chair Beaty suggested that the
Northern Dakota County Airport Relations Commission should discuss this
issue. It was suggested that City staff research if other airline carriers are
flying into MSP using Stage II aircraft. Interim Administrator Batchelder
stated staff would research the Commission's concern and that other
�a
�
commun
1
will be natified.
The Corr�mission acknowledged receipt of the Part 150 Buyout Update.
The Co mission acknowledged receipt of an invitation to an Open House on
the New Ford TawnlRich Acres Buyout.
The Com'mission acknowtedged receipt af a February 20, 199fi MAC
memora dum on NWA Development Plan. Interim Administrator Batchelder
informed the Commission that the MAC and Northwest Airlines have met to
discuss n approach to dealing with future terminal development at MSP.
He expla,ned the key elemen#s to be:
1.
f
2.
3.
4.
Ag'reement on #he levei and tocation {Lindbergh Terminat} o#
de elapment to meet 2010 needs.
Ag eement that the 2010 deveiopment plan coutd satisfy demand
be ond that period� depending on the growth in activity.
Ag eement to use Concept 6 as the basis for the angoing
en ironmental review process.
Co tinued discussions between the staffs to further review
deyelopment needs.
Interim A ministrafior Batchelder informed the Commission o# Senator
Deanna iener's efforts in passing legislation on the Dual Track issue.
Batcheld r stated Senator Wiener had been successful in including language
requiring AC to enter into a contract with neighboring cammunities to
prahibit a third parallel runway.
The Gomr"nission acknowiedged receipt af #he February 24, 199fi minutes of
the North rn Dakota County Airport Relations Coalitian. Commissioners
Leuman a d Stein requested to be included an the NDCARC mailing list.
The Comi
bring Sun
informed
member c
there has
anather rE
Batchelde
The Cor
MASAC
"Ission acicnowledged receipt of the MASAC memorandum to
sh Lake in as MASAC Member. Interim Administrator Batchelder
te Commission that i# the City of Sunfish �ake is to become a
MASAC another Industry representative is needed. He stated
� be a baiance between City representation and Industry
ion. Commissioner Leuman stated he daes not want to see
�resentative from Northwest Airlines added to the MASAC.
stated the MASAC is looking for an independent industry person.
discussed that there needs to be more equity in City
tation. Chair Beaty noted his displeasure with the City of
3
�
St. Paul's representation consisting of three. He stated the Commission
should pursue the equity of MASAC City representation further in the
Commission's Airport Plan of Action.
The Commission acknowledged receipt of a Star Tribune article on Third
Parallel Runway. The Commission noted that after this article was
published, the Legislature passed legislation to prohibit construction of a
third parallel runway. -
The Commission acknowledged receipt of the Eagan Airport Relations
Commission's agenda for April.
DISCUSS MENDOTA HEIGHTS
AIRPORT PLAN OF ACTION
Interim Administrator Batchelder stated that the Commission discussed the
Air Noise Plan of Action at its February meeting, including the elements of
the Action Plan which consist of:
1. Noise Reduction through Modified Takeoff Procedures
2. Heighten Awareness of Mendota Heights Air Noise Concerns
3. MSP Long Term Comprehensive Plan
4. Conversion to Stage III Quiete� Aircraft Fleet
5. Noise Reduction through Litigation
6. Noise Mitigation through Sound Insulation
Batchelder suggested that the Commission finish its review of the last three
elements so that a revised draft may be produced for final review by the
Commission and the Council.
The Commission discussed twenty Topics of Interest which were generated
by the Commission about one year ago. The twenty topics include:
1. Phase-Out of Noisy State II Aircraft
2. Nighttime Restrictions on Aircraft Operations.
3. Composition of MAC Body - Accountability Issues.
4. MSP Long-Term Comprehensive Planning Issues - Expansion of
Existing Airport.
5. Dual Track Airport Relocation to Hastings Site.
6. Remote Runway Development Option.
7. FAA Airspace Usage Study.
8. FAA "Close-In" vs. "Distant" Departure Procedures.
9. Corridor Definition/Compliance Issues.
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10. Non-Simultaneous Departure Procedures.
11. Runway 4-22 Extension tssue - Mediation Underway.
12. Metropotitan Cauncit "Noise Zone Map'" Update and Related Land Use
Contrats.
13. Noise Measurement issues - Usefuiness of Ldn 65 Contour.
14. Equity of Current Runway Use System.
15. Sound Insutation af Air Noise Impacted Hames - FAA Part 150
Program.
16. Sound insulation of Air Noise Impacted Schools - Sfi. Thomas and
Visitation.
17. Expansion of MAC Aircraft Naise Operations Monitoring System
(ANOMS),
18. Aircraft Ground Naise During Periods of Departure Over Minneapolis.
19. Aircraft Engine Run-Up Noise.
20. Glabal Pasitioning Satellite Technology -!mplement 1995-96.
The Comrnission concluded that the following Topics o# Interest have been
campteted and no longer requires #he Airport Commissian to continue
pursuing: �
1. Dua1 Track Airport Relocation ta Hastings Site.
2. Remote Runway Devetopment Option.
3. Runway 422 Eartension Issue - Mediation Underway.
4. Sound insutatian of Air Noise tmpacted Homes - FAA Part 'i 5Q
Pragram. �
5. Sound Insulation af Air Naise Impacted Schools - St. Thomas and
Visitation.
The Commissian was of the consensus to pursue the foltowing:
1. Non-Simultaneous Departure Procedures
The Commission felt that the City should continue pursuing the
crossing pattern.
2. Global Positioning Sate!lite Technology - Implement 1995-96.
The Commission felt #hat with the GPS technology, the Mendota
HeightslEagan corridor should be shrunk. It �was noted that vuith the
GP� technotogy, more noise could be brought over Mendota Heights.
The Commission was of the consensus to cantinue monitoring the
proposed technology and inform the NIAC of the City`s concerns of
increased aircraft landings aver Mendota Heights.
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3. Phase-Out of Noisy Stage II Aircraft
The Commission will continue to monitor the ANOMS report.
4. Nighttime Restrictions on Aircraft Operations
The Commission felt that the nighttime operations should be Mendota
Heights' main concern as this problem will only get worse. The
Commission felt that with MSP staying in Bloomington, the aircraft
freight traffic will increase. The Commission is concerned that MSP is
used for freight and passenger traffic more at nighttime because other
airports in the country may enforce more strict regulations than MSP.
5. MSP Long-Term Comprehensive Planning Issues - Expansion of
Existing Airport.
Interim Administrator Batchelder informed the Commission that the
MAC and Metropolitan Council will be reporting on this issue soon.
6. FAA Airspace Usage Study.
The Commission discussed corridor operations and how the runway
center line heading will change from 118 degrees to 119 degrees in
1997.
7. Corridor Definition/Compliance Issues.
The Commission discussed the magnetic shift and the positive
changes that should occur to the Mendota Heights/Eagan corridor.
8. Metropolitan Council "Noise Zone Map" Update and Related Land Use
Controls.
Regarding propeller aircraft, Interim Administrator Batchelder stated
he would inquire with the Met Council about getting a copy of the
Prop Aviation Guide. He further stated that the City should be
concerned with the future shrinkage of the Ldn 65 contour. He
stated that this will cause a serious implication on the City's noise
mitigation efforts.
9. Noise Measurement Issues - Usefulness of Ldn 65 Contour and Equity
of Current Runway Use System.
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Regarding the FAA Part 150 Pragram and sound insutating air noise
impacted schoots, Interim Administrator Batcheider in#ormed the
Cammission that homes have been added to the program and that sound
insulation measures have begun at St, Thomas and Visitation.
Commissioner Fitzer inquired abaut the proposed middle school and whether
it will be sound insutated. Batchelder responded that the City has a model
noise ordinance that it enfarces and that the new middle school will need ta
follow the noise attenuation cequirements. Bafichelder reviewed the Naise
Attenuation Ordinance Summary and briefly described the Naise
Compatibiiity Table 1 Schoot requirements.
10. Noise Measurement Issues - Usefulness of Ldn fi5 Contour and
Expansion of MAC Aircraft Noise Operations Monitoring Systems
{ANOMS).
Chair Beaty suggested that real data {#rom the ANt3MS report) should
be used instead of projections to determine Ldn contours.
11. Aircraft Ground Noise During Periods of Departu�e Over Minneapolis.
Batchslder. stated he is stil! waiting for information from John Foggia.
Commissioner Olsen inquired how this issue can be corrected. The
Commission discussed a number of variables related to ground noise
such as wind location and backwash within the river valley.
12. Aircraft Engine Run-Up Naise.
Batchelder stated that he will confirm that the engine test days are on
Thursdays. Chair Beaty inquired if there are any restrictians on when
the engine test days occur.
13. Equity of Current Runway Use System.
Chair Beaty stated that with the construction of a north/south
runway, takeoffs will nev�r occur over Minneapalis. He stated he
would like ta see a push far positiv� improvements such as the
implementation of GPS and increase in use S�tage Itl and Stage IV
aircraft.
The Commission discussed the Air Noise Plan af Action and the following
Issues:
1. Conversion to Stage 111 Quieter Aircraft
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2. Noise Reduction Through Litigation
3. Assure Installation of Sound Insulation in Schools Affected by Air
Noise Exposure
1. Issue: Conversion to Stage III Quieter Aircraft
Commissioner Gross suggested that the City write a letter to inquire about
the conversion process.
2. Issue: Noise Reduction Through Litigation
The Commission felt that this issue should continue as an Action step as
they would like to be kept abreast of other communities issues and possible
litigation process.
3. Issue: Assure Installation of Sound Insulation in Schools Affected by
Air Noise Exposure
Batchelder stated that the Ldn contours will be changing and that the
homes eligible for Part 150 Sound Insulation will be completed this
year. �
DISCUSS DUAL TRACK AIRPORT DECISION
Interim Administrator Batchelder submitted copies of a summary of
legislation recently passed by the Legislature. The summary includes ten
findings and conclusions on the Dual Track Airport Planning Process
The Commission discussed land banking and that there will not be much
land left after the construction of a north/south runway.
Chair Beaty asked for an update on the crossing maneuver. Batchelder
responded that he is still waiting to hear from John Foggia. Chair Beaty
inquired if the City of Eagan is pursuing this issue. Batchelder stated that
the MAC and local FAA are in favor of the crossing maneuver.
Commissioner Gross suggested that to help this process finally get
implement, a letter should be sent to Washington. Chair Beaty asked that
this item be placed on the Commission's agenda on a regular basis.
DISCUSS NOISE ABATEMENT
DEPARTURE PROFILES
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Interim Administrator Batchelder informed the Commissian that the MAG is
, considering implementing a Close-In departure procedure this summer as an
attempt to mitigate noise impacts in the cammunities surrounding MSP. He
stated that currently, the airport is operated with a Distant procedure in
which aircraft cut back on their takeoff thrust. A distant departure allows
an airpiane to get further from the airport, howeve�, its altitude is not as
great as a Close-In departure, which climbs higher, faster,
Batchelder explain�d that the noise cantours and population counts were
presented at the February '16, 199fi MASAC Operations Committee meeting.
He explained that #he close-in pracedure has a small area of impact outside
the distant departure procedure in the northern Copperfietd area. He stated
that this is reflected by the higher population count in the DNL 60
population chart.
Batchetder expfained that Mendota Heights has submitted updated
population and household counts to the MAC and their consultant, because
ofi a perceived discrepancy in the contours that have been over iaid on a
ground map and the population projection for #he area between the distant
and ciose-in contaurs. Batcheider stated that it appears, according to a
chart shown in the MASAC minutes, that a close-in procedure would
remove 620 peopte from DNL 65 area of Mendota Heights, and that it would
add 380 people to the DNL 60 poputation.
Batchelder stated that overall, there will be a significant noise mitigation
around the airport with the close-in pracedure and that it will be a real
benefit to t�e City of Mendota Heights.
ln response to a question from the Commission, Batcheider stated that there
are anly fiwo departure procedures used in the country: He stated he daes
nat know why MSP chose to use the Distant Procedure at its airport.
Chair Beaty noted his pteasure in that the testing of the CEose-In Departure
Procedure will make a difference for the City of Mendota Heights.
Commissioner 01sen suggested that #his information be placed in the
upcoming City newsletter.
Commissioner Fitzer was excused at 10:00 p,m.
UPDATES
REVlEW OF MENDCITA HElGNTS N01SE ABATEMENT
CiRDtNANCE FOR CONSTRUCTtON WtTHiN THE
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METROPOLITAN COUNCIL NOISE ZONES
The Commission reviewed this information earlier in their meeting.
REPORT ON MAGNETIC SHIFT OF
PARALLEL RUNWAYS
The Commission discussed the magnetic shift of parallel runways and how it
has affected the Mendota Heights/Eagan corridor. It was noted that planes
drift 8 degrees closer to Mendota Heights if old headings are still used.
Interim Administrator Batchelder stated that Mendota Heights is asking for a
change in non-simultaneous departures so that planes departing on 11 L use
the runway centerline. It was noted that headings are only given in 5
degree increments.
f REPORT ON MASAC EXECUTIVE
COMMITTEE MEETING ON
MARCH 14, 1996
The Commission reviewed this information earlier in their meeting.
MISCELLANEOUS
The Commission was of the consensus to change their meeting time from
8:00 p.m. to 7:00 p.m. It was noted that the second Wednesday of the
month was the preferred meeting day. Chair Beaty directed staff to inform
Commissioners Fitzer and Surrisi of the change in meeting time.
ADJOURNMENT
There being no further business, the Airports Relation Commission moved to
adjourn its meeting at 10:40 p.m.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
APRIL 23, 1996
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, April 23, 1996, in the City Hall Council Chambers, 1101 Victoria Curve.
The meeting was called to order at 7:30 o'clock P.M. The following members
were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Also
present were Public Works Director Jim Danielson, Planning Consultant Lynn
Rabuse, Senior Secretary Kim Blaeser and Administrative Intern Patrick Hollister.
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APPROVAL OF MINUTES
Commissioner Tilsen moved approval of the March 26, 1996 minutes with
corrections.
Commissioner Lorberbaum seconded the motion.
AYES: 5
NAYS: 0
ABSTAIN: 2, KOLL, FRIEL
CASE NO. 96-10:
PALMER:
WETLANDS PERMIT TO REPLACE DECK
Mr. -and Mrs. David Palmer, of 675 Ivy Falls Court, were present to discuss
their request for a Wetlands Permit which would allow them to replace a
deck with a screened porch and replacing a wood retaining wall.
Chair Dwyer stated that the existing deck and retaining wall are in poor
repair and replacement seems necessary. He stated that the applicants are
not proposing to enlarge the affected area.
Chair Dwyer stated that signatures of consent have been received and that
the Planning Commission may waive the required public hearing.
In response to a question from Chair Dwyer, Mr. Palmer stated that the
building materials will consist of cedar and that the materials will be
consistent with his existing home.
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Commissioner Koll stated that it would be beneficial to plant native
plantings, such as Ivy, between the deck and the retaining wall.
Mr. Palmer stated that he intends to plant some native plantings to help
control erosion. A discussion ensued regarding the recent creek
reconstruction and erosion control measures taken by the former owner of
the Palmer's home.
Commissioner Lorberbaum moved to recommend that the City Council
approve the requested Wetlands Permit.
Commissioner Koll seconded the motion.
AYES: 7
NAYS: 0
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VERBAL REVIEW
Public Works Director Danielson briefed the Planning Commission on recent
City Council actions regarding recent planning cases.
Regarding the Mathern Subdivision request, Commissioner Betlej noted his
concern for the inadequate size of the frontage road in that it does not allow
two vehicles to pass at one time.
Regarding the Dakota County HRA Senior Housing request, Commissioner
Friel discussed the hearing process.
Commissioner Duggan inquired if the HRA will include an exercise room
within the Senior Housing project. Public Works Director Danielson stated
yes.
DISCUSSION OF 1995 AMENDMENT TO THE
METROPOLITAN LAND PLANNING ACT
Chair Dwyer introduced State Senator Deanna Wiener, State Representative
Tom Pugh, Metropolitan Councilmember Kevin Howe and Metropolitan
Council staff planner Gunnar Isberg who were all present to discuss recent
changes to the Minnesota Land Planning Act.
Commissioner Friel stated that with the change in the law, it appears that
land use decisions in the City will be controlled by the Metropolitan Council.
Friel stated that the City's ordinance system for due process notice to
citizens regarding fand use changes will be rendered ineffective. He stated
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that citizens come to depend upon notice of change in "zoning" to alert them
to possible adverse impacts on property they own and that with the change
in law, citizens will not readily understand that notice of proposed changes
in the comprehensive plan are intended to provide them with the same alert.
Friel stated that another apparent consequence under the recent amendment
is that property which is expected to be used for a commercial or industrial
purpose under a comprehensive plan but is currently zoned as residential
will, come December 31, 1998, be effectively "zoned" commercial or
industrial. Friel stated that this will result in a real estate tax assessment at
the higher commercial or industrial rate which will have the effect of forcing
development that neither the owner nor the community may desire or be
ready for.
Kevin Howe, Metropolitan Councilmember, explained that the Metropolitan
Council would like to see local community plans be consistent with the Met
Council plan. He stated that there is a great deal of cooperation between
the Met Council and cities. He stated that with the amendment, he does
not believe that there will be any taking of property. Howe stated that the
Met Council is looking for consistency within their four systems (Airports,
Regional Parks, Transportation and Waste Water System). He stated that
there should be public hearings conducted with comprehensive plan
amendments and he agreed that more people attend zoning amendment
hearings. Howe stated that the Commission's fears are valid and that other
communities have expressed their same concerns.
Senator Wiener stated she had authored a bill which would amend the 1995
amendment to the Metropolitan Land Planning Act. She explained that
discussion on this bill has been continued which would allow more time to
work with the Met Council. Wiener stated that she is willing to meet with
other cities and with the Met Council to discuss possible amendments to the
Land Planning Act. Commissioner Friel noted his concern for removing a
citizen's right to being informed of land use changes. He cited an excerpt
from an article within the Minnesota Real Estate Law Journal written by
Brian W. Ohm, former attorney for the Metropolitan Councit, regarding three
categories for defining the land-use processes of states, depending upon
how states characterize the relationship of zoning to the comprehensive
plan:
1. The "Unitary" view, which considers the zoning map as the
"comprehensive plan", hence the only important document;
2. The "Planning Factor" view that a local plan, if it exists, is a factor to
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consider in determining the validity of a local land use decision; and
3. The "Planning Mandate" view that the comprehensive plan is separate
and dispositive document in determining the validity of a local land
use decision.
Senator Wiener stated she would like some guidance and she suggested
that the City work with the League of Minnesota Cities. Commissioner Friel
pointed out that the League of Minnesota Cities represents all of the cities in
the State of Minnesota and that outstate communities will continue to
operate under their own system because the Metropolitan Council does not
regulate outstate communities.
Representative Pugh stated he would like to see Senator Wiener's
amendment pursued. He pointed out that the Twin Cities metro area is the
only major area in the country which allows zoning to take precedence.
Chair Dwyer stated that it is clear that everyone is aware of the problem.
Mr. Isberg stated that the intent of the 1995 amendment was to strengthen
local planning and that the Met Council cannot implement policies without
local governments. He stated that he intends to discuss this issue with
other communities. He briefly explained how the Met Council intends to
pursue discussions with communities.
Mr. Isberg stated that there are provisions within the Land Planning Act that
act as a"safety valve°. He stated that cities are able to create a"Staged
Growth Zone" which would deal with inconsistencies between the
comprehensive plan and the zoning ordinance.
Commissioner Friel stated that he is perplexed in that if the Land Planning
Act was intended to strengthen the metropolitan cities, then why make the
comprehensive plan an instrument which gives the Met Council authority
over city planning issues? Mr. Isberg responded that the Met Council is
concerned about its systems being impacted and that if their system is not
impacted by a particular land use change, then the Met Council is not
concerned. He stated that there are several communities in the process of
growing and that their growth may impact the Met Council's system.
Senator Wiener suggested that maybe language be incorporated into the law
that specifically relates to completely developed cities.
HEARING:
CASE NO. 96-11:
UNITED PROPERTIES -
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CONDiTIONAL USE PERMiT ��R
PLANNED UNIT DEVELC�PMENT ANQ
SUBDIVISION APPROVAL
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Mr. Dale Glowa, of United Properties, was present ta discuss a request for a
Conditional Use Permit for Ptanned Ur�it DeveEopment and Subdivision which
would allow #he constructian of an office/warehouse building at the
sautheast quadrant oi Pilot Knob Road and Enterprise Qrive.
Mr. Glowa explained that in 1985, the eastern two-thirds of the property
was approved as a PUD. He stated that United Properties is adding to the
previous PUD the narthwestem parcel to create a new ptan with two phases
of development.
Glawa explained that due to deteriorating market conditions, only the phase
one buiiding of the original PUD, was constructed. He stated that United
Properties is asking the City to amend the PUD to accommodate a revised
product type anc� buiiding iayout.
Gtowa explained that the total site is 9 2.33 acres of tand. The Phase 1 site
is 7.72 acres and the Phase II site is 4.61 acres, including a re#ention pond.
G1owa stated the propased Phase i building will be approximafiely 115,720
square feet, He stated that if constructed, the future Phase I! buitding
would contain approximately 38.400 square feet. Glowa stated the
proposed buildings are office/warehouse, providing 24' clear ceiling height,
featuring precast concrete panels and brick materials.
Glowa explained that the site lighting will consist of parking lot fixtures
cansistent with their other developments in the Business Park. He explained
- thafi the site will be irrigated and landscaped and thafi the same standard of
signage will be constructed as other developments in the Business Park,
Glowa briefly reviewed the 29 0 acres of Business Park acreage that is
owned by United Properties. He explained that approximately 70 acres
remairt undeveloped. He explained that the proposaE is consistent with the
master plan af the Business Park.
Glowa explained that the building is proposed to be built out af fab-con
concrete panels with painted horizontal bands accented by entrances
enhanced by jumbo brick and architectural concrete block. He explained
that the front of the buiiding has seven individual entrances with windows
along the front side. The rear of the building has individual loading docks
and service daors. He stated that the design and materiat selection is
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typical of other buildings in the industrial park. Glowa stated that he will
work with the City's Fire Marshal in installing a sprinkler system.
Glowa reviewed traffic circulation. Glowa explained that the first phase
building has three entrance points onto Enterprise Drive. Glowa explained
the parking and that it was based on 20 percent of the building being office
and the rest being warehouse.
With respect to Planner Uban's considerations, Mr. Glowa stated the
following:
1. The Landscape and Grading Plans should show the proposed berming
along Enterprise Drive.
Glowa stated that a revised plan has been completed and that it will
be submitted to staff for their review.
2. The Grading Plan and Site Plan should clearly show parking at 20 foot
setback.
Glow stated that the plan has been revised to indicate a 20 foot
setback.
3. Revise the plat to accommodate more room for the phase one loading
along the south edge.
Glowa stated that property line has been angled.
4. Adjust building location for pedestrian connections between phase
one and phase two and connecting to the trail on Pilot Knob Road.
Glowa stated that he does not agree with Planner Uban's suggestion
to provide pedestrian walkways. He stated that the nature of the
buildings is not compatible with pedestrian activity. He stated that
pedestrians should not be walking around truck docks. Planner
Rabuse stated that Planner Uban's suggestion was to provide
sidewalks between individual buildings. Glowa responded that he
does not see a need for sidewalks since it is not a strolling area.
Rabuse stated that sidewalks could be constructed between the front
of the building and the parking lot with the intention of serving the
individual entrances. Glowa responded that he does not believe this a
good idea. Glowa added that if the City insists on a sidewalk he
could add one, but that he thinks it would be dangerous.
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Commissioner Friel pointed out that the City's PUD Ordinance requires that
within a campus type development, a pedestrian walkway should be
provided. Commissioner Friel referred to Section 22.1 of the PUD
Ordinance.
Commissioner Duggan stated that the length of the building is 700 feet and
that it appears to be a massive structure. Mr. Glowa stated that the color
and tenant entries break up the massiveness of the building. He stated that
the proposed trees and landscaping will also help break the appearance of
such a large structure. Duggan noted his concern for the massiveness of
the structure and he inquired further on how to break up the length of the
building. Duggan inquired about the number of trees on the berm and
suggested that more trees be added to the berm. Mr. Glowa briefly
discussed Phase II screening. He discussed how landscaped islands are
created to help separate vehicle circulation within a parking lot. He stated
that this idea will not work in this instance because it will obstruct truck
access to the loading docks. He stated that he does not want to create
obstacles and that the amount of space proposed is sufficient.
Commissioner Tilsen inquired about the driveways and if there will be
additional curb cuts provided. Mr. Glowa explained that the proposed
driveways were created with the original PUD. He stated that the trucks are
not to use these driveways. He explained that there will be signage which
will clearly identify truck entrances. He stated that the topography is flat
which helps site lines. Glowa stated that the driveways are close together
but they do not pose a hazard to traffic.
Commissioner Tilsen suggested that the building be shifted south about six
feet to accommodate a walkway. He felt that a walkway would help with
the =aesthetics of the proposed building. Glowa responded that there is no
room to move the building further south on the property and that he would
like to keep the area in front of the building green.
Commissioner Betlej stated that he would like to see the landscaping
increased at the rear of the building. Mr. Glowa explained that the proposed
building will be constructed so that the loading docks will face the loading
docks at the Southridge Business Center.
Commissioner Friel inquired if the Commission is being asked to amend the
current PUD or approve a new PUD. Planner Rabuse responded that the
Commission is being asked to amend the current PUD and approve the new
changes under the proposed replat.
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Commissioner Friel stated that the applicant is not following PUD Ordinance
procedure in that a concept plan has not been submitted. Friel stated that
concept plan is considered a discussion item at both the Planning
Commission and Council levels. Planner Rabuse stated that the applicant
has included the elements of the concept plan within their application
process. Mr. Glowa stated that he has met with Planner Uban and City
staff and that he was given directions which resulted in the submittal of an
extensive submission packet. Mr. Glowa stated that United Properties has a
good track record in Mendota Heights.
Commissioner Koll stated that she agrees with Commissioner Tilsen in that
sidewalks would be aesthetically pleasing. She stated that more evergreens
and berming would help soften the massiveness of the building. She stated
that the proposed multi colored building does not fit within the park. Mr.
Glowa responded that the colors are similar to the BDS building and that the
colors offer a complimentary color pallet. He reminded the Commission that
the proposed building is a warehouse/office building.
In response to a question from Commissioner Duggan, Mr. Glowa stated
that the proposed signage will be like the standard signage in the business
park. He stated that signage for the tenants will comply with the PUD
ordinance. He further stated that the landscaping will be similar to that of
PrimeNet where Planner Uban suggested placement of trees.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this request.
Commissioner Tilsen moved to close the public hearing.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
ABSTAIN: 1, FRIEL
A discussion ensued regarding the PUD ordinance and how the applicant is
to proceed. A question was raised on whether the proposed building will
infringe on the existing PUD approval. Chair Dwyer inquired if the first PUD
can survive if a part of the land from the original PUD is added to the new
PUD. Commissioner Duggan inquired about the legal notice and whether
the legal description includes land from the existing PUD. It was confirmed
that the legal description was taken from the Certificate of Abstract.
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Commissioner Betlej stated that the applicant had taken advice from the
Planner and City staff on how to proceed with the application. He stated
that it appears the Commission is running applicants through the "hoops"
when they seem to be following advice from staff.
Commissioner Lorberbaum inquired about the original PUD and asked that
staff submit information on the original PUD.
Chair Dwyer called a recess at 9:45 p.m.
Chair Dwyer reconvened the meeting at 9:52 p.m.
Public Works Director Danielson submitted Resolution No. 85-32 - A
Resolution Approving the PUD for the Southridge Business Center and a
Planner's Report for Case No. 85-07. The Commission reviewed this
information. Commissioner Friel inquired if a Developer's Agreement had
been created for the Southridge development. Public Works Director
responded no.
A discussion ensued regarding building coverage and impervious surface
calculations.
The Commission reviewed how to proceed with the application. The
Commission discussed if the first PUD is being impacted with the current
PUD amendment request. Commissioner Duggan noted his concern for
future impacts on the PUD process.
Commissioner Betlej moved to recommend that the City Council approve the
Conditional Use Permit for Planned Unit Development, Subdivision Approval
and a 20 foot monument sign setback variance subject to the review by City
staff to confirm that the request is in compliance with the previous PUD
conditioned upon the applicant following Planner Uban's considerations:
1. The Landscape Plan and Grading Plans should show the proposed
berming along Enterprise Drive.
2. The Grading Plan and Site Plans should clearly show parking at the 20
foot setback.
3. Revise the plat to accommodate more room for the phase one loading
along the south edge.
Commissioner Lorberbaum offered a friendly amendment requiring the
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applicant to come before the Planning Commission if current request to
amend the PUD is in conflict with the original PUD approval.
Commissioner Lorberbaum seconded the motion.
AYES: 5
NAYS: 2, FRIEL, TILSEN
HEARING:
CASE NO. 96-12:
JAYMES LITTLEJOHN REPRESENTING
US WEST NEWVECTOR GROUP, INC.
Mr. Jaymes Littlejohn, representing US West NewVector Group, Inc., was
�" f present to discuss a request for a Conditional Use Permit which would allow
the placement of cellular antennas and equipment building on the roof of
Henry Sibley Senior High School, 1897 Delaware Avenue.
Due to a professional affiliation with US West NewVector, Commissioner
Friel excused himself from the discussion.
Mr. Littlejohn explained that no pole will be required since the proposed
cellular antennas will be mounted on the rooftop and attached to the
penthouse of the existing building. He stated there will be three clusters of
four antennas and that the antennas will be eight feet tall and seventy five
feet above ground level. Mr. Littlejohn submitted pictures of the proposed
location of the antennas. He stated that the antennas will be painted to
match the City's water tower and that the penthouse will be painted to
match the pattern and color of the brick fascia of that penthouse. Littlejohn
explained that the equipment penthouse will house radio, computer and
climate control equipment for this cell site within a 12 foot by 24 foot
building which will be constructed on the lower portion of the penthouse
roof of the existing school building.
Chair Dwyer stated that the City Council had made a finding that cellular
towers are not an essential service. Mr. Littlejohn responded that the City's
Zoning Ordinance includes communication services as an essential service,
and that he interpreted the Council's previous Resolution of Denial for a
tower at Mendota Plaza to mean that the tower was not an essential
service, but that the antennae were an essential service..
A discussion ensued regarding the City's Zoning Ordinance and essential
service definition. Commissioner Duggan pointed out that a building is not
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considered an essential service. Littiejohn respanded that the building is a
part of the cellular antennas and that the buiiding does not change the
characteristic of the school.
The Commission discussed creating an ordinance specifically regulating
cellular tower. The Cammission felt that there needs to be a limit on the
amaunt of cellular towers placed within the City.
Commissioner Lorberbaum informed the Commission that she had spoke
with an individual fram the School District and that she had been ir�farmed
that the 5chaol District has not made a final decision on allowing the
antenna site an tha roof af Nenry Sibiey High Schaol. She stated that the
School Districfi representative informed her that several details, such as
access #a the school building, need to be discussed. She stated that the
f`" School Baard will be meeting to discuss this issue on May 13.
Commissioner Lorbe�baum sugges#ed that the Commission's
recammendation should be contingent upon School District approval.
The Commission discussed brick color and how the brick weathers over
time. Cammissioner Lorberbaum inquired if the equipment could be stored
within Sibley. Mr. Littlejohn responded yes, but that #here is no room within
Sibley.
Commissioner Duggan inquired about stability af the antenna. Mr. �.ittlejohn
responded #hat sites have been designed to withstand most etements better
than other amenities.
Chair Dwyer apened the meeting to the public.
Mr.� Littlejohn informed the Commissian that there were residents present for
this discussion prior to the recess who spoke with him about their concems.
Littlejohn stated that the residents were concerned that a tower was going
to be installed. �itttejahn informed the Commission that he explained the
praposal and the residents were satisfied that an antenna was not going to
be installed so they left the buiiding. He informed the Commissian that
interference with television and radio frequencies was also a concern of
some of the residents, but that this cancern was atready addressed by state
and federal regulations.
Gommissioner Duggan moved to close the pubtic hearing.
Commissioner Betlej seconded the mo#ion.
AYES: 6
11
NAYS: 0
Commissioner Duggan moved to recommend that the City Council deny the
requested Conditional Use Permit based on improper procedure of the
application.
The motion failed due to lack of second motion.
Chair Dwyer moved to recommend that the City Council approve the
Conditional Use Permit subject to the following conditions:
1. Council determination that cellular antennae are an essential service.
2. Independent School District 197 Authorization.
3. Proper maintenance procedures be maintained.
4
� AYES: 4
NAYS: 2, DUGGAN, TILSEN
ADJOURNMENT
There being no further business, the Planning Commission moved to adjourn
its meeting at 10:51 p.m.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
12
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT, APRIL 1996
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. 8/22/96 @ 3.63%
Collateral - Bonds
Gov't. Guar.
LaSalle Bank CD 5 1/2/7%
FHLMC 7.23% 12/97 FBS 6.40%
FNMA 6.18% 12/99-96
FHL Mtg. Pooi 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)
PRU Gov't Sec Fd
TOTAL FUNDS AVAILABLE
Funds Available 12/31/95
Funds Available 4/30/96
Rates Money Market
Apr 30 Bank 2.85%
Apr 30 FBS 5.18%
LES:kkb
BALANCE
$6,832.63
$591.99
0.00
$7,424.62
$500,000.00
$100,000.00
$13.952.59
$13,952.59
$500,000.00
$100,000.00
$95,000.00
$500,008.00
$500,008.00
$225,807.43
$505,000.00
$418, 350.79
$503,180.34
$244,806.90
$263,522.30
$1,787,045.81
$1,002,470.00
$197,530.00
$418.00
$6,264,524.78
$7,895,846.39
$6,062,835.53
�
COLLATERAL
$600,000.00
$600,000.00
Value 4-30-96 (est�
$95,000.00
$508,000.00
$501,000.00
$230,000.00
$497,000.00
$380,000.00
$478,000.00
$241,000.00
$253,000.00
$2,676,000.00
$2,320,000.00
$318,000.00
$418.00
t'0:
�
Sl18dECT z
MEMO
Rate: 4-23-96
Mayar, City Co�cit, and City Acfninistratar
Paut R. Berg, Code Enforcement Officer �tt� t�
BuiEdirtg Aativity Rtport fcr Aprit 144b
CURREMT l�VQNiN
BUILDING
P RMI7S: No. Vatuation Fee Cottected
SFQ 0 0 0
APT 0 0 0 ,
T04!'NNOUSE k 4bT,426,Q0 4,4b4.Q3 '
txMiDO 0 0 0 j
HISC. 34 452,437.00 6,484.39 �
CII 10 4,397,18i.00 21,68T.62 j
�""^""�""�'..�'��'�...."�....�.��'�..."��`i
Se� Total 48 5,317,544.00 32,641.Q4 �
TRADE
PERMITS•
YEAR TO RATE 96
, Na. Vatuatian Fee Coltected
1 125,95b.40 1,205.33
0 Q 0
4 467,426.00 4,4b9.03
0 0 0 '
72 911,699.pt1 12,934.22 !
23 4,628,586.00 25,082.41 '
�'�'..�_"'�'__�'��..'�""'�".,.'��'�
i00 6,134,tbi.00 43,b40.44 ';
YfAR TO DATE 45
; No. Vatuetian fee Cottected
�+ b17,198.00 5,485.43
0 Q 0
Q 0 U
10 92T,524.00 6,269.18
65 710,418.00 i1,042.37
28 1,281,384.Op 12,442.76
"�'__'....�'_'�....'_��..�"_""_"���"
47 2,604,005.00 29,470.5b
Plumbing 4 214.00 � 30 1,062.00 � 35 1,437.00
4Jater 5 25.00 � 4 �5,00 ' S 25.00
Sewer 5 87.50 � 9 157.50 � 6 1pS.00
Neat, AC, � �
& Gas 11 302.00 � 60 2,302.00 � 52 4,391.00
-----------------•------__----••-----------+-----•-----••_----••-----•------•---+-•-----•----_•_---------------------
Sub Totek 30 G24.50 j 108 3,56b.50 ( 98 5,958.00
L i censi nea •
CantractoNs � �
iicenses 21 525.Q0 ( 224 5,7ZS.OQ f 246 6,t50.00
------------------------------••----•------+------------------------••-----••---+__----___---___-----•-----•-----•---
Totel 99 5,317,544.Q0 33,790.54 � 437 6,134,167.00 52,982.44 � 441 2,b09,OQ5.00 4i,478.5b
#tOiE: All fee amounts excttxie Saa, t�ac, and Stete Surcharge. A�ncxx�ts shoEm will refiect oniy permit, plan check fee, and
valuation artwix�ts.
CITY OF MENDOTA HEIGHTS
11 �
Apri124, 1996
�
TO: Mayor, City Council, and Interim City A rator
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Case No. 96-10: Palmers' Wetland Pernut Application
Discussion
Mr. and Mrs. Patmer t�f 6'75 ivy Falls Court appeared before the Pianning �onunissian on
Apri123, 1996 to discuss their application for a wetland pernut ta replace the rotting deck
in the rear of their house. The deck was buitt in 1968, and has deteriaraied badly. The
PaJmers alsa wish to upgrade a retaining wall and screen in the deck in order to keep out
masquitoes. The Palmers need a wetland permit because oftheir pro�cimity ia a creek and
the fact that the screen parch and the retaining wall canstitute new construction. The
Palmers obtained a wetland parmit Iast year for a spiit raii fence between their deck and
the creek. Please see the attached materials pertaining to their application.
The Palmers acquired the proper signatures from their neighbors which allowed the
Planning Cammission to waive the pubiic hearing. -
Recommendation
The Planning Commission voted 7-0 to recommend that the Council grant the wetland
pernut ta the Palmers, �
Council Action Required
If the Council desires to implement the Planning Commission's recommendation, it should
pass a motion allowing the Palmers to replace their deck, screen in the deck, and upgrade
the reiaining wall.
�
' �- . ..�
��
� � �
� . ��
MCOlN4T[O
CONSULTING iLANNERS
LANDiCAtQ ARCHtTLCTi
S�� �[t/T AVLNUL NO1TH
:vcrs ai�
H INNEA20LIf, aINS i 4� 1
u:•i»•siao
PLANNING REPORT
Da� : . . . . . . . . . . . . . . . . . . . . . . . . . . . . ���, i�6
CasE No : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ss-io
APPUCANT : . . . . . . . . . . . . . . . . . . . Dave and I.0 PAlmer
�OCATION : . . . . . . . . . . . . Lot 4, Bloc�c 1, Ivy Falls Addition
/�1DDRESS : . . . . . . . . . . . . . . . . . . . . 675 Ivy Falls Court
REQUEST : . . . . . . . . . . . . . Wetlands Permit to Replacc Deck
PREPAREO BY : . . . . . . . . . . . . . . . . . . . . . . C. John Uban
BACKGROUND . . . . . . .
The Palmers are applying for a Wetlands Pamit to bu�d a scnowed
pa¢ch t�at repl�oes the eadsti�g dedc on thear home that over looks Ivy
Falls C�eek This improvemeut is on the sid�e of the housc facing th�e
cx�dc and includes the replaring o�a wood r�aining wall as well. The
ex�ing dock and retaining wall an in poor repair and replacanwt is
necessary. The applicants a� not Proposiag to enlarge the area
affected by oa�sbmdian thus no eacisting vegetatioa will be disturbed.
Tn additiar to replacing tl�e deck th�y are also Proposing to put a mof
over the dedc and screea in the sides for summertim�e e�jayme�nt fi+ee
of mosquitos. The Palmers i+ecxivod s Wetlaods Pamit last year to
install a feaoe along the alge of their yard to provi� a safe a�closure
fa the�r pets. Tbat feuce was split rail with ncarly invisible wiring to
laeep the dog from getting out of the yard At that time, they had not
y�et contemplated the deck repairs.
1i�e Palmers t�oeived signauu�es fro�m their adjacent neighbors and the
public hearing can be waived.
WETtANDS PERMIT . . . .
Q
CASE No. 96-10
APRIL 23. 1996 PAGE 2
...................
Q
The applicants are proposing to replace the decdc and retaining wall
and build a sc,�sad in ponch in the same �onfiguration as the existing
c�dc. Watcx prable�ns in the past havc detexiorated the decic aad the
Palmers are proposing to rebuild the supporting structure and
retaining wall so that the scre�n�ed in porch will remain solid on the
�P� ��� P�P�Y This improvem�eat is directly attached
to thc house in the same canfiguc�ation as beforc and is located
appmximately SO fcet from the edge of Ivy Falls Crre�eek.
VEGETATION The area is gen,erally wooded but n�o brces or other vegetation are
PmP�� to be dish�rbod ia the rebuilding of the decic shuchue. The
� past pdnbl�ms vvith the da�c an due to drainag� issuas �vhiRh mc�e also
to be irsolved No Landscape PISa is praposod; l�owevu, we w�ould
suggest eitha scme reseoding or tanpo�rary cova establishod if
disturbod soil oa the slopes may a�ode. A,�cgate in the drainage
areas w�l aLso help. It would be h�lpful to plant a few native shrubs
betw�oea the �taining wall an�d the dock to help nadualiu the sdting
STRUCTURE The all w�ood s�dxu,e is built an the foot print of the previous deClc
with materials aad roof line matching the cxisting hoa�. This will
blend ia with �e wood aad the anchitocture of the home. The
�bnxcbue, because of acctss to the houu and how tl� deck vvas
Prcviousi3' bu�t, has no otha option in moving fiuthex fram the cxcek
BY fucthe�' c�atrolling drainage and providing aPProPriate outlets for
gut#us, u+osian can be controlled along the slopes of the craek
SUMMARY . . . . . . . . . .
ACTION . . . . . .� . . . . .
CONSIDERATIONS . . . . .
Th� stivetune dces nat e,alazge tl� footprint of tl�e pree�cisting deck
and all repairs will improve the condition without disturbing the
native vegetation or stcep slopes.
Review the applicants proposed plans for a Wctlands Pe�mit and
make a rxommcn,datiaa to the Cily Council. �
1. Request native plantings betvveeu the deck and the retaining wall.
:� ��.L ♦L
�..
�
�i�y a�
,��.endota Heig�ts
" � APFLICATION FOR CONSIDERA.TION
OF
PLA,NNING REQUEST
,'`'`�i=�
Applicant Namo: �,(�(,.,
(�)
Address: �
��� ,
� 4wncr Name: __�
(�)
Address: ,�„�c�,�,,,�
(Nvmixr & S1
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t��)
��� • :zs� � •� � ! ..ti��i t X!
J r ,� -� ! i / `-~--�. T'- r1 t 1`
Legai �iption of Property:
Type of Reqaest:
Rezoning
Conditional Use Permit
Conditional Use Permit fpr P.0 D.
Plan Approvat �
Compre�zensive Plan Amendment
Variance
Subdivision Approval
� Wetlands Pernut
C"lther (attach explanation)
Apglicat�le City Qr�inauce NUmber ��%�-- Section _ �
Fresem Zor�ing.�'�Pr�apert� � Present Use S'��j!2� .�, �; 't c� � f,��
� .�
�scd Zonin of Pro � sed Use j` j c
g �+.:��.�
I 2zerehy de�darc that nti s'tatements made in this request and an the additionat ,
materiat a� �e ,, � . ,
_ ' . �
� i af Applic�t� ,
•- /%1 � '' ,
N�-
(Received by • Tittel � . . -
11Q1 Victoria Curve •1V�.endota Heights,lViN • 55118 452•1850
a�
�
�
�1��T U�
,,.. ,� . � .1��,endota Hei�,hts
Apri110, I9�
Dave and Lu palmer
675 Ivy Falls Court
Mendota Heights, MN 551 I8
Dear Palmers,
The Gity of Me�aciota Heigh#s deternnined yaur application for a Wetland Percnit to be
complete as of Apn`! 2,1996. Therefore th� 60-day review period for your applicaation
commenced on Agril � 1996, and w�1 eacpire an June 1,1996. Your application will be
considered by the Pl�unin� Commission at thear anext regularly scheduled meeting on
T���daY� APri! 23,1995. The Plaaning Commission meetsng sta�rts at 7:30 pm, at City
Ha�l in the Counc� Chambcrs. Since you have pravided the City with the necessary
signatur�s of your neighbors, the Pian�ing Commission may waive the public kearing if it
so chooses.
r
Thank You.
� �r
Patrick C. Hollister
Administrative Tntern
1101 Vietoria Curve • 1Viendata Hei�hts.lVi.lv • 55118 4.52-1 R:�n
�
City of Meadota Heights
Wetlands Permit Checkiist
Ltate: � 3 j� lP
ApPlicant: �'�w� F�fL.s
Case No: � t� - a y�,
_-_--.
1. Fee: $ V'
L�" 2. Letter of Intent.
i.--'3. Sigaalures of Consent from abutting property owners
+� .� Ths name aad address of the subdivider, developer, and owner.
�� � legal descriptian of the propase�i sitt with a map showiz�g its location with
indications of private access roads, existin,g or proposed, and o£public highways
adjacent to the site wluah will be affected by the op�eration.
U�� T�
o� /t� � A full and adequate description of all phases of the opera.tian andlor pragosed
physical changes,
,�1 ��►�rov%t-� n) Cs
�7'� 7. A soil survey map of the proposed plat.
�''�8. A topographic map of the area. � Contour intervals shall be drawn at two (2) foot
intervals at a hori.zontal scale of 1" � 1,000' or larger.
�. A deiailed site ptan of the proposal showing proposed drainage, grading, and
landscaping.
� A site design map showing the location af exis�ting and future man-made features
within the site and to a distance offive hundred (500) feet suzrounding the site.
� 11. Information on existing drainage and vegetation af all land wit�un the site and to a
distance of five hundred (500) feet sucrounding the site.
�2. The time period far completion of develapment including tirning for staging of
development if applicable.
��a
p,� �"�Destgn specifications for all sediment and erosian control measures.
�
" �..
DAVE and LUDELIA PALMER
675 IVY FALLS COURT
MENDOTA HEIGHTS, MN 55118
20 March 1996
SUBJECT: Letter of Intent
TO: City Planning Commission
Merrdota Heights, Minnesota
1. This letter is submitted pursuant to our �equest for a"we�ands permiY to replace an existing
deck and then scxeen it in an our property at 675 Ivy Falls Court, Mendota Heights. A small creek n.ins
along the rear of the property. The deck abuts the house and sits on a bluff some 20 feet above the creek
itself. Because it is within 100 feet of the creek, however, provisions of City Ordinance # 402 apparently
apply. We previously obtained a"wetlands permiY for the property, in 1995, in order to erect a rail fence
around the back yard.
� 2. Our property is a aty lot with a single-family dwelling. The hause and the dedc were built in
1968. Age and wood rot has rendered the d�ck in dire need of repair. Our irrteM is to replaoe it in exactly
the same footprirrt, that is, using the same location and shape that exists now We then intend to screen it
in so it can be used despite the proliferation of flyir�g insec4s i� the area.
3. The cuRerrt stnictu�e is rickety, and a bit of an eyesore to boot--particularly as seen irom the
creek. The replacement will be more stn�cturally sound and will also immensely improve the esthetic
qual'�r of the area.
4. Soil stabilizatiorr, drainage, erosion, fandscaping, and sediment control cansiderations. The
project wilt not disturb the soil of the area because all of the work will be above grade. The singie
exception might be if the curcent concrete footings prove to be too shalbw and need to be replaced. If
that is needed, the resuit will be even greater soil stabilization than now exists. A soil survey map of the
site is therefore not required. Similariy, sedimerrt cantrol measures are obviously not applicable. Insofar as
erosion control measures might be considered, the project will actually help improve the limitation of
erosion: rain drainage from the adjacent house, currently flowing under the deck and potentially
contributing to erosion, will be diverted by a downspout and dispersed into a rocky bed. Moreover, the
current wooden retaining wall will be replaced with a masonry wall backfilled with gravel, which will further
enhance existing counter-erosion properties. There will be no changes to the landscaping.
5. The project will be started right after approval and should be ooncluded within a couple of
weeks. Uery little sta�ing is necessary, and the construction requiremeMs are qufte simple. In phasing,
the existing deck will be rep�aced first. Seoonti, the screened porch will be erected on the new deck.
Third, the wooden �etaining wall will be replaced.
6. We have had two cbordination meetings with Gty engineering and planning officials. This
letter and its enclosures provide the information they have said would be needed. Please contact us if
any further information is desired.
.. �� � � �
�
�,.•� lia C. Palmer
� / ;
/ /
�. - -
�
�
SCAN�INAV'L9►N HQ�VZE COIYSTRUCTIC>IY, u�re.
'�C�NDIIVAVIAN G'XxAF`1'SMANSHIP"
paoNg: (612)439-1727 "'"PROPOSAL"'"
1422 Hwy 35/64
Hou2toa, NI Sd082
Submitted to: Lu and Dave Palmer �Date: 3/14l96
Address: 675 Ivy Fa12s Court Jab: Screen porch at
Addr�ss: Mendota Heights, MN 55118 : 675 Ivy Falis Court
Phone: 612j457-4755 : Mendota �eights, MN
W� �RSBY SUBMIT spec�E�reations anc� estimate €ar: replac3.ng exi�ting dec}�
and.screen porch at the above address per plans dated 3/14/96 and t'he
followin+g specif ications :
Buil.din+g perm�t
Be�aove e$is�ing deck anr3 hau� away debris
Cancrete footings�to code
6" I� 6" cedar s�ructura�. posts per plan
2-2" X iZ" treated 'beaa►s with 2" X 10" treated f�oor jc�ists, 1fi" oc
2" X 6" Cedar decking, stick railing, and sta�.rs - Sc=een under decking
4"�X 4" cedar wall posts, 2" X 4" cedar walls, cedaz i.ap siding to match
e$isting home �
Cedar framfng for screene@ openings and tra�pazoid windows pe= plan
1.1 �j8 microlam ridge beam and 2" X 10" cedar rafters
1/2" roof sheating, 15#�felt, Elashing, 250#�shingle se].ected by Qwner
3j8" rough �ir soffit and 1" X 6" and 1" X 3" cedar iascia
Screen aZl wal.3 opertxngs & supply �nd install two trapazoid windowa
2 wood�screen doors with�hardware '
Egterior/interiar painting/staining by Owner
�Itaof;
Tea=ott old rooE on ezistiag home and hau2 aw�y
instai� 15# fe1t,�Deck=Dri to code; flashing as
Apply 25Q# shingle sele�cted by Owner
Any repair�rep3.acement of roof sheating/glywaod
debris
needed
additional cost
_____---------------------------------------------------------------------
WE� PROPE}S� hereby, to furnish atatsrial and labor - compie'te in accordance
with above specifieations, €or the sttm o€: -----SEVEN�FEN �'HO�JSAND SEVEN
Iii1I�IDR£i} AND NO 1fl0----=------------- _____
� =Uoiiars{ ; �17, 70fl .00 j
PAYMSI�T to be made as fallows :$�1, OC10. 00 down when. proposa2 is acceptec�;
:�5 , 5flQ . 04 when work �begins; :�5 , 5fl0 , flfl tarhen j�b is roughed-in;
balance upon compZe�ion.
ALL materia�. is gua=anteec� to be as spec3�ie�i. A21 �ro=k �o be comp�eted
in a workmaniike manner according to standard practices. Any alteration
ar deviatioa from above specifications involving eatza costs will be
eaecuted on3.y upon written orders, �and wii3 became an eatra charge over
and above the estimate. A�.�. agreements contingent upon strikes,
accidents or deiays'beyond aur control. Qwner to carry fi=e, tornado,
and other necessary ins�trance.
s », �.
�
** YE-Thir �sropo�a2 �ay be uithdrsiru
`i—��us�if_not�acceptedrxithia�l0—daTa
ACCEP�Ai�IC� p� �RpPOSA�--The ahove p=ices, specifications and conditions
�.re satis€actory ana are herebg �caeptec�. Yoa are authorized to do the
,�ark as specitied. 'Paymen� �riil be made as outiined abave.
QWNEI2. { S } � -�- DATB :3Ul�� �` � �
«,�.�. ��n �.
MN IlCBNSB A�00027fr8 MHOMP.Sy DBCKS� ADl)1170NS6r �fOE1.�LING � IlCBNSBD f, BONDBD � ��
�
�
Ci�y a►�r
j 1,►1 1 l������t�, ��1���Si►
$ttTxA�g,�, oF �coxs�e FOR v.�tx�rtcs �vuss�e
TO: The Planna.rig Commission, City of Mendota Heights
FROM:
�' :
�� .
Property Owners of �v�s_„'��t� � ��I-t'"t''S G'� .
a i r / � i .
���/j7rx.it�,,.ta�J�����1, `.li�Ll�ll�i�'"- �. .� .L/'L�1"���lr�"�J
We the undersigned have reviewed the plans for �_,�.� 1-r�Gt ����
: j��� the terms and �
condit ons of �,he requesteda� �E r r� •,9 ��ac�j��l�
��,.,�-f Pt �.,.,.1 - . " .
W have rio ob ect ans to th s rec�uest and do hereby�e our
written consent and consent to waiver oi public
S i.naerely,
NAME {Please Print}
(�dln � �C�^��cr u / , 7"G.bF`+�
.
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CITY OF MENDOTA 8EIG8TS
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May 1, 199b
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TO: Mayori City Council and City ` ' trator
FRUM: 7ames E. Daniels
Public Works Direc r
SUBJ'ECT: Inverted Siphon Ea.sement to Metrapolitan Council
Mendota Heights' trunk sanitary sewer system when it was constructed, included an
inverted siphon connection that e�tended uader the Mississippi River and connected into one of
NiVVCC's main interceptors. At a Iater date, MRTCC determined that this siphon should be
ownecl and aperated by them and acquired it from Mendota Heights. MWCC actually
reimbursed the City for its costs. Recently Metropolitan Council, who has taken over the
MWCC, discovered that Mendota Heights, was still named as the owner of the easement on
the St. Pau1 side af the crossing. Attached is a Quit CL�im Deed trawsferring Mendota
Heights' sewer easement for the St. Pau1 side of the inverted siphon to Mefsopolitan Council.
REC011�1�ZENDATIUN.
Mendota Iieights no Ianger owns and operates the inverted siphon sanitary sewer
crossing of the Mississippi River, Metropolitan Council. does, therefore, I recommend that
Mendota Heights truisfer ownership of the easement to the Metropolitan Council.
ACTION P�EQITII�:EI):
If Counci2 desires to implement the recommendat�on they shauld pass a mation
autharizing the Mayor and City C1erk to sign the attached Quit Claim Deed traunsferring the
sanitary sewer easement far the inverted siphan ta the Metropolitan Council.
Metropolitan Council
Working for the Region, Pianning for the Future
April2b, 1996
Mr. Jim DanieLson
Public Works Director
City of Mendota Heights
1101 Victoria C�cve
Mendota Heights, MN 55118
Subject: City of Mendota Heights Quit Claim Deed of sewer easement to Metropolitan Council
As we discussed by telephone on Apri125, 1996,_ the Metropolitan Council (MC - formerly the
Metropolitan Waste Control Commission) is the owner of a sanitary sewer pipe which extends
&om appro�rimately 35E and Sibley Memorial Highway intersection in Lilydale, northerly across
the Mississippi River to the intersection of 35E and Adrian Street in S� PauL This sewer pipe
was originally transferred &om the City of Mendota Heights. It has come to our attentioa that
the easement rights to the pipe location have not been transfened from the City of Mendota
Heights.'
I have enclosed a portion of a map showing the subject pipe location as well as a copy of the
original easement agreement Document No. 171'7511 in the name of the City of Mendota
Heights.
In order to bring records up to date, the Metropolitan Council is asking that the city of Mendota
Heights quit claim its interest in the easement over to the Metropolitan Council.
I have prepazed and enclosed a Quit Claim Deed for this �purpose. Please have the QCD signed
and notarized and return the original to me and I will record in Ramsey County records. If you
have any questions, feel &ee to call me at 229-214b.
Sincerely,
i.��� i..- dn�<�
LuAnne Major
Administrative Technician Real Estate
Office of General Counsel
LLM:
enclosures
copies: J. Matross, MC
J. Heffern, MC •
230 East F1fth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TfY 291-0904 Metro Info Line 229-3780
An F.qua! OpportrutUy Empfoyer •
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No delinquwt tnxes aad transfa eatued; Catificate of
Real Estate Vulue i) filed () not nquind
Catificate of Real Fstate Valae No.
.19
County Auditor
bY
�P�'
STATB DEED TAX DUE HEREON: S
Date: 19
(:eserved for rxo:ding cteta)
FOR VAWABLE CONSIDERATTON, the City of Mmdota Heights, a lvfmnssota Muniapal Cocporatioa, �m,der the laws of
tt►e Stabe of Ivt�nnesota, Grent�, haeby c�veys and quitclaims to the Metropolitaa Camc� (successor to the Mett+opolitaa
Waste Conh+ol Commission), a public corporation and po�itical subdivisio� un�r the lews of the State of ' , Grantee,
� P�Y m ltamseY CountY. M�nn�ote. descn'bod_as foilovvs:
An casemeat for sanitary sevver as desai'b�d on Fx1u'bit A at� haeto.
The inteat of this daca�at is to transfa intaest in sm�itary seavu eac�t aiginally reconded aa January 19,1968 in Book
2111, page 557 as Doc�meatN0.1717511.
(�f moro sp�oe is needed. coatioue m back)
tOgCt}1Ct Wlt�i tlu �1tLII1CIIt8 A0� ll�pU[�CIIlIOCCS �ODgtIIB �0�
d, fJ)x Deed Tmr Stamp Here '
STATE OF MIIINESOTA )
) SS.
COUNTY OF )
The C1TY OF MENDOTA HEIGHTS, a Iv�innesota Municipal
��
BY
Its
By
Its
The foc+�going wns aclmowlodged befare me thia day of ,19
bY and
the � aad
of , g
tm�dr�r the liws of on behalf of the
'NOTARiAL STi\1� OR SHAL (OR OTl�R'IT1I.S OR RANIq
IiIIS IIitiRRUM@7f WAS DRAI+I� BY (NAI� AND ADDRBSS�:
JBANNS S, MATROSS, LiGBNSS NO. 68615
ASSOCIATB dffi�BRAL COUNSBL
MSTROPOLlTAN COUNCII.
MHARS PARK CSNTRB
230 EAST FTPT'H STRHBT
ST. PAUL, MN 55101
SIONATURE OFPEitSON TAKQd6ACKNOWLIDQMENT
Tax S4tentenb for rul piopetly dacdbed in thia'inrt[ument �houM be unt to
(Include tume utd addtea� of (ir�tttoe):
A permanent underground easement, 20 feet in width, under Blocks 40 and 41, plat of
WFST END, and the vacated Montreal, Vista, Stewart, and Alaska Avenues, the above
described properiy being part of the Northwest Quarter (NW 1/4) of Section 14,
Township 28 North, Range 23 West, Ramsey County, Minnesota, the centerline of said
easement being more particularly descn'bed as follows:
Commencing at the granite monument at the southwest comer of said NW 1/4 of
Section 14; thence along the southerly line of said NW 1/4 on a bearing of North
89 degrees 26 minutes 45 seconds East, a distance of 1(}65.80 feet to actual point
of beginning of easement; thence North 25 degrees SS minutes West, a distance of
' 400.00 feet; thence North 6 degrees 33 minutes 20 seconds East, a distance of
551.01 feet to a manhole at the center of the former intersection of Adrian Street
and Vista Avenue and there terminating.
It is understood that the easement granted hereunder is to be through that portion
of the above descnbed properiy lying between elevations 730.00 and 747.00 above
mean sea level, adjustment of 1929. It is further understood that the side lines of
said easement extend to the intersection at angle points with said property lines so
as to form a continuous strip across above described premises.
The above described permanent easement is for sanitary sewer purposes.
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.i Y 07 �' 96 11 � 14 MET C—GEN CQi.iNSEL
Metrap�ali�an Council
� tNorkvzg,for f}te Regiott, Ptrutning for the ,FLtwe
�'EL.ECDPY �"RsiN'S 1T7'tiL SH�E'T ,
P.1
, O�FTCE C�►F G�':NL�RAI. COLTI�TSEL
TELEGYJPIER Nt3: (61.2} 29I-6640
DArE; �i�..�,r � 1991� zrME:_ 1l ' f�
NUMB�R OF PAGFS {YncIeedSng TransmittaI Sheet): �
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T0: � 'l �G�..c'
�'tMlC4MPANY:�
TE,T�PHON� N'O: _ `��i
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'l�LECOPY N4: ��oZ ` �''`��
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�DITZQNA1L �ONLIv�£NZS:
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T3ic frt€otmaziaa toatasncd ia L6is facsimile uansmitta3 is confideatiai, may bt subjecc ta tha attorney-clieqc prim+ilegc, apd
is it�t�ndcd a�ly far the usc at etsc recipiaat »amtd at�ave. Tf tha reader of this i�yLormatian is nat tbe intondu3 recipient
or the etnptayce ar ag�nt respoesble for deliveey of shis informadon to tbe int�ndcG rccipieut, yau sra her�by natified
chat [his is ao; a vraiver oi paiviicgc aad aay disscminatioa, discriiwtion oc eapying oC chis informaticn is stciccty prohibited.
If you have recciived t�is in�'orrnatioa ia �nor, pleasc immediacciy notify t,�e scnder 3ry tei�phonc and raurn me ortginal
iaformation us tbe sender, by V.S. Maii, at !be abave addttss.
238�SttFlftk�SCvet SCPaul.MtrvtCsota 55101+2694 i�12) 293-6359 Fnc 291�6550 1DD/TfY 291-4904 MarolzafoLino 2Z93780
�uc Equat ODDortw�its+ £m,a��
i�iAY 07 ' 96 11 � 15 MET C-GEN CC�15E1.
CI.AIM
�
6cn o� P�r
ta C•orpo�rsaoc cr Pam�ership
No deiinqucnt �axcs aud ir�nsfcr entarcd; Cctificate of
RCaI Fstatc Valuc ()�1rd (} not requittd
Cattif�cate of Rcal Estatc Value Na. ..
�
,19
' Cawiry Anditor
S?ATE DEED TAX Dt3E HEREOI�i; � �
Uatc: .19r,__,,,
P,2
(racarved foz reccrrdzag d�ta1
FOR VALUABLE C4NSIDFItA,TION, thc City af Mr,ndaza i%i,�is, a Minnesota Municipa� Cozparratio�„ undar the Iaws of
tiie Stfite ofAtianesota, CYrantrir, heraby afnvrys and quit�Iain�s ta thc 2vtetropolitaz� Canncil (succcsscr to t�hc Metropotitan
Wastt Cantral Commissitm), � public corporatioa and goiitica�i sttbdivisian e�acier thc Iaws of tha Statc af Mintusoia, Grantte,
IG3I pF4j�Qt.,� Iif R�II.t,�iej� COtititj►,-Iviuuusata, dascrii�d as foltcws.
Aa tascmeat for s�itazy scwer as described on E�ibit A atta,ched hereto.
Z'be intcnt of tbis documumt is to transfer intcr�cst ia sanitary scwa easernenL arigiaally rtcarded oa Jaauaiy 19,1968 in F3oo'
211I, page SS'7 as I�ocumctitN0.1717511.
If�.Grantee's use o� this easement is texminated, other than ,f.o= brief temna-
rary periads of time, the easement xic�hts qranted shal2 rever't back� ta the
Grantor, City oi Mendota xe���15 "°`�`d� �0°�"" O° �"°`��
togetiaer with ati hareditamment� and� appurtenances belanging tb,aeto.
.�fj"ix ileed 7'ar Strrmp Hese
srATE o� Mn�soTA �
� ss.
COUNTY OF }
Thc Cl2Y OF Ivi��:NDOTA HEIG�TS, a Minncsota Mtuucipal
COT�?Ot8t10II
��
Tts •
By
Its
The focego�g was ackcwwlcdged befiuc me this day af ,19
by a�nd,
t� an,d
of „ a
tmder tk►c Iaws of , oa behalf of tiie
NMYwF1!►L STAMP OR S�1►L (OR OTHfiR Tf TLE OR RAN1C)
SIGNANR� OF FERSON ZAKING AGIQ+1OW:t.£DG2�3EN?
MAY 07 '96 I1�15 MET C-GEN CCNJNSE�
. •�
�
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P.3
A permanent underground easement, ?A feet in width, under Blocks 40 and 41, plat of
WF�ST END, and the vaca.ted Montrea�, 't►tista, Stewart, and Alaska Avenues, the abave
descn'bed properiy oeing part of the IJorthwest Quartez (NW 1/4) of Section 14,
Township 28 North, Range 23 Wesi, Ramsey County, Minnesota, the cenzerline of said
easernent be�ng more particutarly descnbed as follaws:
Commencing at the gra�ite monument at the souti�twest corner of said NW 1/�i of
Section ].4; thence along the southerly �ine of said 3�fW 1i4 on a bearang of Narth
89 degrees ZG minutes 45 seconds East, a distance of 1065.80 €eet to a�tual point
of begin��ing of easement; thence North 25 degre�s SS minutes West, a distance of
400,00 feet; thence North 6 degrees 33 minutes ZO seconds East, a distance of
551.fl1 feet to a manhole at the center of the former intersection af Adrian Street
and Vista Avenue and there terminating.
It is ut�derstood that the easem�nt granted he�eunder is to be thraugh that portion
of the above descn'bed property lying between elevations 7'30.i30 and '7�!'7.00 above
mean sea Ievel, adjustment of 1929. �t is further understood that the side Iines of
said easement extend to the intersection at angle points with said property Iines so
as to form a cantinuaus strip across above descn'bed premises.
The abave descnbed germanent easement is for sanitary sewer pwrposes.
,
TO:
FROM:
CITY OF MENDOTA HEIGHTS
i� �
-. Ma or Ci Council and Interim Ci �trator
Y � t3' � tY
Marc S. Mogan ►�SNI� -
Civil P�gineer . � - � � -
Y •
SUBJECT: Adoption of Water Service Connection Policy
for Wentworth Truck Watermain Project
f Job No. 9611
� ' Impmvement No. 95, Project No. 4_
�
,
May 1, 1996
ffiSTORY: � - _ ' . o
, t. , _ .
� At the 7anuary 16, 1996 City Council meeting a public hearing was held for the , �
Wentworth Watermain Project. This project includes construction of a 30" watermain trunk'
along�Wentworth Avenue from Delaware Avenue to Dodd Road, hydrants for fire protection,
and proposed residential water service stubs to the 11 lots along Wentworth Avenue. The
feasibility cost estimate for the project was $557,0{l0. Funding was proposed to come from
two sources, according to the feasibility report. The feasibility report proposed that eleven '
single family residential properties along Wentworth Avenue who were to be provided with
residential water service connections would be asaessed $4,700 per lot, with the remaining
balance �of the project cost being funded by the Water Revenue Fund. At that hearing, a few '
of the residents voiced their concern that the proposed assessment rate was too high and should
be reconsidered. It was suggested by Couacil that the City obtain the services of an appraiser
to determine an appropriate assessment rate for the residents. " � '� -
` - , � � .� �� _ . - . . , �, ,
DISCiJSSION: ' - - � � - .. � -- _ -i
Lee Racine, Jr. of Racine Appraisals & Associates was retained by the City and .
prepared a report which determined that the actual benefit to the 11 properties along ��
Wentworth Avenue could be as little as $1,200 per lot. The actual construction cost to install
a 1.5" water service connection to this watermain by St. Pau1 Water (SPR� would equal or =,_
exceed this $1,200 per lot benefit figure. The Minnesota State Statute on Public .
Improvements dictate that special assessments levied against private property can not exceed
the benefit received. Under these circumstaaces, it is likely that the City would not recover its
actual cost to construct these water service connections.
The proposed tiunk watermain is going to be constructed 8 feet south of centerline on
Wentworth Avenue. There will be nine fire hydrants constructed well beyond the bituminous
�
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CITY OF MENDOTA HEiGHTS
�.
April 24, 1996
�
TO: Mayor, City Council and Interim f���ministrator
FROM: l.awrence E. Shaughnessy, Jr., Treasurer
� SUBJECT: Locai Performance Aid
r •�
Under a new provision in the recently passed State Tax Billr loca!
government will lose 51.00 per capita in HACA Aid unless they comply with a
Loca! Performance Measurers for aid payable in 1997.
For many years, the City has employed perFormance standards, as described
in the bill, as part of our budget process. Our standards go considerably beyond
the standards set forth in the law, however, these standards witi no doubt be
increased in the future.
' � \ : • : �
Authorize the Mayor and one Councilmember to execute the Certification
form ia enable the City to receive the Local Performance Aid payabCe in 1997.
��
�
Fa PA - CI
Ce�rtification of Local Performance Measur�s
for Local Performance Aid Payable in 1997
Complete and return to: Minnesota Depa�tment of Revenue . Property Tax Division . Mail Station 3340 . St. Paul, Minnesota 55146-3340 Phone: (612)296-5141
Name and mailing address of govemmental unft Name of person filling out form
City of Mendota Heights L.E. Shaughnessy
Telephone
1101 Victoria Curve 452-1850
County of location
Mendota Heights, MN 55118 Dakota
1. Does your city have a system of performan:,e measures for services provided by the city,
and are these measures regularly compilec and presented to the city council at least
once each year?
YES X NO
2. If the answer to question 1 above is no, is your city in the process of developing and
implementing a system of performance measures? YES NO
This form must be returned to the Minn�sota Department of Revenue, Property Tax Division, by ,lune 30,1996 in order for your city to be
eligible to receive Local Performance Ai9 payable in 1997.
�: .> ,,�fi.
Note: City certifications must be signec by the Mayor � by a member of the City Council.
We do hereby certity that, to the best of our knowledce and belief, the facts presented in this certification are true and correct.
Signature of Mayor
�
of City Council Member
May 8, 1996
Date
t.
�
ities
etin
APriI 19,1996
New law links performance to city aid
c�c�,uo„
In the begianing. ctu Letialaaue
ctuted LGA �nd HACA. And they uw
tt�at tbey wue �ood. Stuting iu ! 997,
aties aod oounties wiU also tuve LPA.
'Ihe l996 veaian of the annibus
tax b3ll fncludes a pcovlsioo mfuned to
by Iu autbor u Layl Pafocm�na Aid
QumPiooed by RSPiscwutive AndY
Dawlcint dSt Pwl, LPA 4 an uWnpt
w ascoei�ee =eaeral putpoce dome�cead
�ud a;riculpual eredit �id with perfa-
monce ourcomes. Accaaidin; W
�P��e Dawkins, loc�1 perfor-
mance ald b Inkaded w�saure t6at
atate cevenue shvLij wit6 dtta and
cau�tia will be bued m a defensible
formuh rad theretae. be c�tiaue iato
the fiuutt.
How do you quality for LPA7
In the fuu yeu, euh dry aod
camty will be elly'ble to mceive
pe+t'ocmaoce �Id if they have eit4u
�Pkmeated Paformance measun.
meat tyttemt fa tho swioes they
provide a am In the peocess of crating
a' imDkmendnt P�+fam�nee meuure-
meac syttems.
What are performence
meas�u�ements?
Accordin; W Representative
Dawkins, perfonnancs meacutetnent
inciude simpk meuures of workio�ds
for tLe services provided by the
govemrxnn! unit Worklo�ds cau
ixlude number of employee douc:
worked a� cuLi¢ projats, Wm ot
jarba�e hwkd, number of polioe pils,
or any ou�ei �auue� of w«klads
thu my be compileG by [he clry.
Accadin; to Represeahtive
Dawkins, the calkction af wakiotd
dau by each local ualt of jovemmen[
is the first step towatd ult3mately
generatiag meu�ues of seivice
efficieucy aad e8bctiveueu. He wwts
each city aad wuoty w be �ble to
evaluaro t6e suvica t6ey am P��L
ana be ab]e a aetumtue u the tavioe
is achievinj iu joilc a is beInj
provided u �n eftective level.
Repeesen4tiv.e Dawkina Inteodr
fw eac4 city �ad ooiuuy w be elijiblo
w reaive perfortwaoe aid (n the {uu
Y� '���p+�meat of Reveaue wUl
mail out rn applicatioo fam far loal
pe+Caroana aid oo a uound May 15
of exh year. 11�e fam will �squine
Pa� 3— Dwdline �xbnd�d Pa90 Li — law summaria
Tha aPP�(catbn de�ditna tar the Surt►maries cf the new lawa
C.C. Ludwiy Award, leaderahip passed durk� the 19981epb�ative
�' Award and CHy AchievemeM se�sfon bepin an paye L1.
Awards has been extended to
May 8.
:,i
each city ro cutify t}ut tLey qualify for
iocal perfamw�ce aid. '[he app1�
must be sip�ed by the maya and ooe
member of tlu ciry council. Laca!
perfortnance aid wiU be distributed to
eac6 airy with the loal �ovetame� aid
and homestead and a�iculwnl eeedit
aid psymeata in 7uly and Decembcr ot'
eud year. I.ocai pafortaana aid wiU
Sce LPA, pqgt 6
d
11�L'1' cantinued fram page i
be annuaily inflated by the price of
government inflation index ihat is
currently used far the local government
aid distributian.
Local performance aid is funded
by reducing each city and county's
HACA by $1 ger capita and adding an
additional $1 million of staie resaurces
to the overalt pool. Cambined, these
twa performanca aid revenue sources
will generate appraximately $4.1
rnillion to fund the program for cities.
Each qualifying city will receive a per
capita LPA disvibution based on the
total available city LPA resources
divided by the total populadon of all
quatifying cities.
The fature of LPA
Representative Dawkins hopes to
expand the local performance aid
program next tegislative session, In
discussions with the League of Minne-
sota Cities, he indicated ihat he would
iike ta increase the funding far the
program by $200 miilion which reflects
the current of excess of pmperty tax
collections aver income taxes. Accord-
ing to Representative Dawkins, adding
new resaurces to the perfarmance aid
program will be tied to mare stringent
eligibility, criteria far local units of
government. Rather than simply
gathering worktaad measures,local
uniis may be required to begin exam3t�-
ing efficiency and effectiveness of the
serviees pravided to their Iocal resi-
dents. {Jf caurse, details af these future
requirements have yet to be fully
developed.
If you have any questions abaut
locai perforrnance aid, please contact
Gary Cazlson at the League af Minne-
sota Cities or the property ta�c division
of the Minnesota Department of
Revenue. jr
Page 6
�
Apri! 1 S, 1996
Mr. Gary Carlson
League af Minrsesota Cities
14S University Avenue West
St. Faut, MN 53I03
Dear Mr. Carlson:
...As the chief author of 1he 'Zocal Performance Aid" prvvisions of this year's
omnibus taz bitt (H.F. 2102, Articte 3, Secs. 48 and 49), I want ta be clear that my
intent is that every city and every county qualify for performunce aid for catendar year
1997. The threshotd to quatify is very tow: "a,�trm that it is in the pracess of devclop-
ing and implemenring a system of performance measures."
Sa long as a city councit ar a counry board has this as an item on the agenda prior to
June 30,1 996, that city ar caunty wil! qualify for performance aid. In fact, ttny ciry or
county that presentty tracks "worktoad input ,.. has atrcady begun the process of
developing and implementing perf'ormance mcasures. In orhers wo�ris, if a city ar
counry tracks the number of emptayee hnurs worked, number of applications pm-
cessed, tons of garbnge coXlected, number of patice arrests, etc., that city or county
qualifies...
However, l atso want ta be clear that rny intent is that ceties and couruies will mak,e a
good faith e, fj`'art aver rhe course of the neact year to mave beyond simple workload
measurement and get ta the next levels of performanc� measurement in due course...
As you knaw, the f:nal report af the Loca! Government Aid Distribution and GavcrR-
ment Service Detivery Subcommittec included an Apperrdix C which had exarn,ples
from Minnesotu cities arsd counrres rhat atready have perfornrance measurement in
ptace. Please have your jurisdlctions refer to that appendix for ezamples of what rhe
legislature is �xpecting.
Finutty, as 1 also eatptained at aur meeting, it is my intent to reconvene the Local
Governrnsnt Aid Subeommitree ... prior to thc start of the next tagistative session ta
deterraine what witt be in the 1997 tax bilt regarding standarrls for local performance
aid and thar it is my hope that the 1997 tegislature wili apprapriate $200 mitlion far
the next round of performance aid, but this will only happen if cities and rnunties make
a good faith e,�`'ort to meet the tegislative intent contained in the 1996 tax bilt arul this
tetter.
Please call me with any questians you might have, and I thank you for your conpera-
tion in disseminating �his tetter.
Sincerety,
Andy Dnwkins
State Represenrative
LMC Cities Bulletin
n,,_.. - i��. :� :..... . ....... . .. .... . ..._...� .�.�;:.::;s,��.. :x..����`�...
�L 1► �!Y � ► � : : Yut �M i � ►, i : NUUY11
� � � 1* '� : ��•
PURPC?SE MtLTClR OBJECTIVES FOR 1996
As the elected representativ�es ofthe citizens, the City Council 1. To hold twenty�faur Council meetings, plus special workshops as necessary to set
provides Iegislative leadorship for the City, setting �verall policy City poliay.
far cornmunity services, and reviewing administrative acts noces-
f sary to deliver thosa services in an effective manner.
DESC;RIPTIUN
The City Council, camposed of five elGcted officials, meets twico
manthiy, glns pariadically in sgacial workshops to cansider adag-
tidn of legislative and administrative measures that improvc serw
ices ta citizens.
i
b' .
_� ...�.. . ' _
--- .�;—_..�. --- - • riairt
A
WORK MEASURES AND GOAIS 1993 1994
1. Na. of regular Cauncil meetings 24 24
held.
2. Na. of adjourncd or spccial 4 6
Counoil meetings held.
u
1995
ltTD
12
2
1995 1996
ANTIC. ANTIC.
24 24
4 4
- - •---^^.Q.. . . _ . _
i�:±__ IS �I�.'i�1ki � .. . �`�1'11T,'T.6T�T.7_CT�TT'G�rR�7 � - _. . .--•-•-- -----------•_ � �
�1►�lY�►
��
� ; ' : : Yul�►Mi � � ► 1 : yMUMM
��
J ��
Election Processing
PURPOSE . M.4.TOR OBJECZTVES FOR 1996
/
The purpose of the Elections division is to conduct elections in ac• 1. To study and implement new and revised election laws and rules.
cordancc with State Laws and Secretary of State Rulos and to pra- 2. Ta coape�ate with tha Schoal Distriat in preparing far its Schoal Board etectian.
vide accurate information ta the wters in a courteous and 3. To process State Primary election and State and City General Electian.
efficient mannor. .
i
DESC1tIPTIC}N
The City Clerk and Deputy Clerk prepare instructional manuals,
ttain and suparvise City staffmembars and eleetian judges in
preparation for and proc�ssing ofPrimary, C3eneral and Special
elections. .
Six elcetion judges assignod to aach of tho City's fiva precinets sot
up precinct palling places, assist voters on election d�y, complete
aad transpart election farms and ballats ta City Fiall aftcr poii
closing. Ten to twelve individuals act as absentae prccinct judges.
�
--.._.._ _._,�. _. _._. _ . _. ...._. j� _.
WORK 1YI�ASURE3 AND G4ALS 1993 1994
1. No. of judges trained. 0 40
2. Na. af atactians grocessed. 4 2
3. No. of absentee ballots pracessed. 0 525
4. No. af rogular ballots proccssed. 0 9104
�
�f�I�3�S �I''.ik3ikt � .... _..__... _ _
1995
lCTI)
0
0
0
0
1995 1996
ANTIC. ANTIC.
0
p 45
4 2
p 8Q0
0 9600
,
PURPOSE
► : : Y�f! �Y
� �� . ��� �
The purpose of the Firc Departmont is to minunize loss of life and
property from the dangors of fire, explosian, chemiral disaste�rs, aad
natural disasters, through suPPressian, rescue aad fire protectian aetivi-
tiG3.
DESCRIPTION
The forcc of 36 volunteers, including of�icers, responds tu and
e7ctinguishes fires in Mcndota Heights, Mendota, Sunfish Lako aud
Li2ydata.
,
Dtparktnent providos basic life support at :f re scenes and as called for
by police and putslic.
Roscuc can be natural hazards, weacher relatcd, downed aircraf%
chemical spills, or any other e�nergcncy situations whero the depart
ment can be of assistanca.
r�
t.'
�,
r.. _. _._ _.. _ .. .. . _ _... .. _ � ._______ �
! � � t : �liMllYii
i • . -�,..�
MAJOR OBJECTiVES FOR 1996
1. To maintaia training levels of firefighters in both Firefighter Hazardous Ma#erials curricula.
2. To gmvide firc prevcntioa matcrial and personal contact to I 140 �Iementary
children �nd tnaka formal presentations to a21 Idndergarten and faurth graders.
3. To conduci 20d an-sitc inspections.
4. To paint apparatus bay.
S. Ta work with tho caunty on caunty widc radio plan.
6. To imprave capabilities in canfinod space rescue and roge rescue,
WORK MEASURES AND GOALS 1993 1994
L Numbcr of fue aalts.
2. Responsa time maintained,
3. Firefightara who have completed
Firefigh:tar I training.
4. No. of certified Srst responders.
S. Total tarrai,ned to T.,evel l
of hazazdous mateiials rGspoasa,
6. No. of on aita insgections.
7, No. of e�fied Firefighter I.
8. No. of certified FireSghter II.
233 269
6.3 6.I5
34 36
i� i�
1995 1995 1996
YTD ANTIC. ANTIC.
335 270
5.71 6.0
35 35
1� Zo
2'IO
6.1
36
zi
32 36 35 35 35
200 145 75 I4S 145
14 I'7 17 17 1�
16 16 15 18 18
,
�
%
�i1►C�111 C�)►`
. ,
DFp RTMF,NT DEPT. NO. A�'rj(
• Road and Bridge SO
PURPOSE
The purpose ofthe Road and Bridge Department is to provide a
hazard free traffic system.
DESCRIPTION
'The Department utilius four full-time employees, plus time from
other departments as needed. Parforma all street repair and main-
tenance� snow removal, and boulevard maintenance, sweoping,
etc. Two summer part-time employees assist full-time employees.
�
�
Maintenance
MAJOR OBJEGTIVES FOR 1996
1. To perform routine maintenance such as seal coat, patching, overlays, etcs. to
maiataia � viable street system.
2. To remow saowfall within 12 hours.
3. To maiataia a cloan and functioning storm sewer system.
4. To sweep all straats bythe �nd ofMay.
5. To mow all boulevards to the same standards required ofproperty owners as stated in
Ordinanee No.1001, Section 1.
WORK MEASURES AND GOALS
1. Milea of atreet maintained.
2. Nwnber of cul-de-sacs '
maintained.
3. Milea of residential seal coat,
overlay, or reconstruction
4. Percentage of snow removed in
twelve hours.
S. Miles of new streets.
0
1993
65.3
99
2
100%
.85
1995
1994 YTD
66.5 66.5
102 107
2 0
100% 100%
1.22 .57
1995 1996
ANTIC. ANTIC.
67.2 68.2
107 109
5 3
l0U% 100%
.57 1.00
�l h ylt • ♦ ! ' : ; �ui ►Y 1 �/ � ! : 1y11k/YY
� � � � r � . � i i � : 1 ' : � � i •
PURPUSE
MAJClR t3B3EGTJ[�ZS FQR 1996
The gurpose ofthe planning function is to carry out studies of 1. To prorridc timaly and thorough raview of an estimated 50 planning cases,
long-ranga land use issues and to provide cazeful, systematic re» Z. To update futura land nse map.
view and coordination ofprivato land usa decisions and public in- 3. To imprave pianning serviaas to citiuns.
frastructure investments, so as to achiev� thc goal af a high quality 4. To impzova tha quality and cansist�ncy of staffreports and other suppart
rosidential and business onviranment. ta the Planaing Commission and City Council.
5, To provide orientation for new Camrnissioners.
DE8CRI1:"'TI�N
The City has adaptod and maintains a Cornprahonsiv�e Plan which
provides community gaals, valu�s, and future plans for transporta-
tion, publia and privato Iand uscs, parks and opan spaca, housing,
and general conamunityfacilities. Sectians ofthe Plan are peri
odicallyreviowed and npdated to reflect changing conditions
and/or palicies; a planning firm is ratained to review and provide
professional evaluation of land use applications.
A Plauning Camaussion, eomposed af savcn City residents, pra-
vides a citizen review and persp�ative to praposais, and to profes-
sianal recommendatians, and makes recommcndations to the City
Council for actioa accardingly.
�
���
.�.
WORK MEASURES AND GOALS
1. Prc-application appiontments.
2. Ptanning Commissian aasc raview.
-:_ .: . ___. _._ .,"__ -_ _.._.._ .. _.. .. .:. :..: �
xs�s
126
34
1945
1994 YTD
130 55
41 I8
�
1995 1996
ANTIC, ANTiC.
130 130
40 40
�ct �sa. c
' FUNCTION DEPEiRTMENT DEPT. NO. �A�
Public Safety • Animal Control 90 Animal Control
PURPOSE MAJOR OBJECTIVES FOR 1996
Mitigate problems associated with non-compliance with laws re- 1. Enforce new laws relating to control of dogs and cats.
lating to kecping animals in the City. '
!
�
DESCRIPTION
Responds to requests and complaints for animal control, capture
and containment. Patrols for violations of related laws as re-
quested and directed bythe Police Department. Impounds,
boards and destroys animals as needed. Picks up and disposes of
road-killad and injured animals.
WORK MEASURES AND GOAIS 1993 1994
1. Animal licenses issued. 153 195
2. Animal bites reported. 4 3
3. Miscellaneous animal calls. 179 193
1995
YTD
114
2
83
1995 1996
ANTIC. ANTIC.
225 230
4 4
170 180
, �f �N�'�II
- - - _—_.--�;;---. _ ___.--• �-- -� -• � --- . - 1� �r'.t�ra�
�i'i711jC'j`j� nF_.PARTMFTj'I'
Public Warks Utility DGpartment
PURPOSE .
The purpose af the Utility Fund is to pmvide a problem free sanitary
sewer system.
J
DESCRIi'TION
J This dcpartment employs one full-tirae person for all sewer cleaning,
sevvar Iifi station maintenanca, water sarvica repair and scwer haok up
inspection. Also warks in other departmants in certain situations.
Ono-half of administration secretary's time is devoted ta nti2ity
billing.
Was#ewatertrea#men.t is pmvided by tb,e Metropalitan Caunail Waste
Water Sorvices at charge to the city.
Department also provides maintenance on Mendota Heights' portion
of the water system.
. _.....w,...., 1
� ZIEPT� Nd. � ��
60 Maintenance
MAJUR OBJECTIYES FOR 1996
I. To clean ftve tniles of sewer Iines.
2. To respond quickly to sewar problems.
1995 1995 1996
WORK MEASURES AND GOALS 1993 1994 YTD ANTIC. ANTIC.
1. Miles of sewer cleaned. 3 3 0 S 5
2. Sewer connxtions inspected 120 64 15 30 54
3. Feet of new sewor lines inspected
and tested 1,000 1,000 1,500 2,000 I,000
J
�
�
�
,
�.�..-Y.�_...__... _ --_...._ _._.._�� , . t �. _ _..__._� ��. __ _ ..._.. �.. _ ._ ;�
:,
>,
a
CITY C!F MENDOTA HElGHTS
MEMO
April 16, 1996
�
TO: Mayor, City Council and interim Gi ministrator
FR4M: Paeal R. Berg, Code Enforcement {3fficer �(�',�
SUBJECT: Re-C?ccupation and Exterior Remodeling of 1450 Nor�hland Drive
l :•!r t�
Garven Greetings, Inc., wilt soon occupy the building at 1450 Northland
Drive (please see map). The building has been vacant for the past several years.
The previous company at this buiiding was Circte Air Freight {see attached tetter of
introduction and drawings from contractor).
• • 1
Garven Greetings wi!! set up their new office headquarters afi this site. They
witi distribute paper praducts from this site to customers such as Target.
The contrac#or, �cott Stock of Sheltertech, is proposing exterior changes ta
the existing structure which wil! require City Council review and approval of the
permit prior to staff issuance of the requested permit. He will also be re-striping
the parking lot to define the minimum amount of parking spaces required by City
Zoning Ordinance. The office area will require a minimum of 34 spaces and the
warehause will require a minimum af 9 spaces. Time and weather have erased the
existing striping of the required 43 parking spaces (see attached drawings).
: •uu ��_ �►
I recommend that City Council approve the proposed exterior changes of the
buitding and the stripir►g af the parking tot, Nothing that is proposed witl viotate
either the Zoning Ordinance or Building Cades.
� • ► i _ • i _ M
If Council desires to implement the above recammendation, a motio� should
be passed authoriz'rng the issuance of a building permit which would attow exteriar
changes to 1450 Northland Drive.
..: .
�
/ s
, _
�
M
�� �
` — ��
_' � �
.�..;s�, � ...
_. —_.�.
��
,.
. - _. ,� . . ,' ,� • '. . .. � , ,- ; , _ . . , .
a' - � , , �. . . ' � , , . . -
� � � � � SHEL�TE.I�TEr'H�M�� � � � � ., � . � � �. . . = �, .. _ �. ,� _ , , ,
, . . ,_. .
I� I I C O• R P O R_ A T I, O N _` ', �` � ; � "' ' .
, �' ' I ' , . - v ' _ • � ' ' ' ' ..' • -
a� Ge�neral and. Environmental Contrac,tors/Consultants ; '
- . �� .� ' . . . � . ` , , , ' •��. , �. �
. ' . . . , • . . .` .. - " � ,. • . � ; � Apri115,• 1996, • : . ,.
. � • . � .. • � , , . .
• • � " City of Mendota I�eights � � - .. ' . . ' � . �� ' . . .
� . . .. .
. Plauuiuig Commission = , ' . , , • �
' . . 1101 Victoria Curve ' ' , , , ' �. . . ; � • ` � � -
` ' Mendota Heights, MN` 55118 � � . � . � ' ` , r . , ' � � � • � • . " •
. , � (0) 612/452-1850 ' , � ", ' • , ' ' . " , ~ � �
� ' (F) 612/452-8940 ; • . , ' • ' ' .
� • • ,• � � , ' ' ; Egterior Building Modifications , , � ` � ' . ' • "
� Re: • . � . � , - . � . � . • • � , � � , • ,� ' -� � '
. � • 'SCPROJECT#00296-14S0-S - . � - '. '• , ' �
. • � , . . .
' , 1450 IVorthland Drive � ' � ` . � , ' , � . ' , � � ' " . . ' , �` �
. � . . , Mendota Heights, MN 55120 .. ' ` ' ' ' . ' ^ , . ` . . , .
, ' , ' Propert,y_Ownerslup and Use .� - : . � � „ : ` , . ,' • . , , •
�, � -� 'The land and build.ing located at 1450 Northland drive,has been purchased by Garven Greetings, �� �
�' �'.� '� Iric. of 7768 West�78th Street, Minneapolis, Minuesota for the intended fiiture use as its new � �
office headquarters aud distribution location. The property was formerly owned and occupied by �'s ' .
- Circle Freight Iuternational, Inc. which used the land and builcliug for o$'ices and freight -. �
�• "' distribution. Garven Greetirigs, Inc. has xetained Sheltertech�Corporation to serve as the general - ,
�� coutractor for tlie planned remodeliug of the _office area :and minor interior modification of the `' `
. � . warehouse area. , . , ' , ' ' . • , , , - . , , .. � • . : •
� ; L Crarven Greetings Inc. ' , , . • - . ` , ' h • , ' , ` , �` > � - 'r . ' . .
, � Garven Greetings, Inc. designs and distributes custom printed and stock gift bags, wrapping ' .
.� paper, partyware accessories; and related stationery items for resale. The company sells primarily
. � to retail chains, independent gift shops, drug stores, and supeimarket ohains. The market is � �
� uatiorial with some distribution in Canada, Puerto Rico, and Mexico. There are approximately � , �• �
. �� 200 customers, including companies such as Target, Toys-R Us, American Drug, Osco, Paper ,,.' " .
.° Warehouse, and Supervalu. . The company was started in 1987 by Maureen and Peggy Garven. ��' ._
� `,. Currently, tlie company employs 13 full-time �and four part-time people. �•' �.:
, . ,_, • : . , � , • �
, • . ` ., , � ., , � ,� .
' 2605 Seppala Boulevarcl '•,' St. Pdul', MN 55109 • b 1 2/ 770-2405' Fax 612 / 773-8908 '
u � , . . • , � M1 `. , `� , ' " � . - ..
� ` ' ' , Sheltertech Corpoxation ' E�rterior Modifications, ' 245Q Northland Drive �. ` ` - Pa ��e 2 ` '
, � Sfieltertech Corporation r ' . „ - T + � A � ' . `
_ . . , . �
' Sheltertech Corporation is a gerieral conizacting and consulting compauy located at 2605 Seppala � l •
�. , Blvd. in North St. Paul, Minnesota. Sheltertech Corporation is currently licensed by the State of '�.
� � � Minnesota and By the City of 1Vlendota Heigtits to perform building� contracting work: It is a�so ,�,.�
_ '� �, bouded by State Farm Fire arid Casualty to pear£orm building contracting wark in the City o£ , � ,
. ' Mendota Heights.� � � „ � J _ � � .,, . ., '. , � � . - , .
, , . . Project Descriution � . � , ' `� - � ' � " �
: a , . , .� , , • . • , . „ , _ � • � .
•,, . The e�sting office area plan.will not meet the needs of�the new owner and there£ore, a new floor ,� �
. �,: plau has been drawn by Sheltertech Corporatian. , Interior amprovemeuts include updates of the . �'
� arestroam facilitie's to in.clude handicap accessibility and new reception.ist, conference room, and ' �
, ' � • showroam�areas. ' � • _ � " � ' - . �
' ,. ' ,. - , , ` r ,
_" _ The e�erior modifications include the installation often new wiudows, three iu existiug openings � '
• .� and seven in new locations. The purpose of the seven additional windows will be to �� ` �
�,' accommodate natural light and ventilatian needs. created by th.e new office flaor plan. � �'�. , .�
-�, � � . , ; � , . . � ,
�,� . 4ne exit door �ri�.1 be re]vcated to a new Iocation on the nortli side of the:bu.ilding. A new '_`.' ..
' 10' X l2' concrete entrance slab is to be installed exteriox to this door. ' ': 3 �•�`' ''
One riew additional entrance door with a sidelight will be lacated on the east wall to create a new .� .
, � rmain entrance. A new concrete handicap access ramp is to be 3.acated e�rterior to this entrance �, �� �
. , door. ,. , , ' � � .' . r ' � _ , ' � .
��.� � One existing overhead door and one e�risting entrance doar located on the south side afthe ' � .
.� " `bu.iidiz�g �rill be blocked in to allow for the e�ansian af the affice area into the warehouse area. �'� . .
- These openings will be blocked in. uising the'same canstr'uction material that was used in the .
F. � ` ariginal construction in order to minimize theYappearan.ce af an e�rierior. alteration: � ,,`" �
'� ° The existing bitum.uious parking lot will be re-striped to accammadate 44 parkit�g spaces, -.' .
, , ,
- including one handicap parking space. . � , . � � ' ' , �� � ' . '
. _ _, . . . , . . ._ , -
: ",. Exterior sigaage plans will be produced at a later date. , � � � � �� . : � ' `
. , � . Respectfully submitted, . ' : � � '� , ' ' � - ��- " .� : .' I
� • � � ., � _ ' , . � ' • ' , - " - '
. . - , � . . - _' , ,' � , : . - , . .
. , - . • . , . ' , , .�, '. . ,
. Scott R Stack � . � � , � ' � . . - , " � _ . . . .
- SRS/als � � � � = „ ' y , � . �� , ' , , " ' ' . , ' � , � ,
� � ,� �. . , " , ' � a . , , . ,
� ' t ` � ` . � . � . • � , .
` . ` ' , ' . ' . , ' . � ` ' .
� � ^ � ' • . .
D'Xl2' ConcretePad
New G>ner�te
Enbrance Ramp
�.Ot d �lllPY+��'
BREAK OFF CONCRETEBLOCK
� REGULAR CONCRETE BI,OCK
SPITT FACE CONCREiE BLOCK �
EAST ELEVATION
NORTHELEVATION
IJ V V i ll LLL / L i i i V l \
Garven Greetings, INC International Headquarters
" 1450 Northland Drive, Mendota Hei�ts, MN 55120
� Existing Elevation Not to Scale � ri115,1996 N#00396-1450-T
BY SHELTERTECH CORPORATION '� '�
BRF.A,K OFF CONCR�,TE BLOCK
REGULAR CONCREIE BLOCK
SPL1T FACE CONCREIE BLOCK
.
,�
.
NORTHELEVATION
EAST ELEVATION
Fill door openuigs with block to
and paint to malch
SOUTHELEVATION
Fi7l door openu�gs with block to match
and paint to match
e � .
C1TY OF MENDOTA HEIGHTS
���
May 2, 1996
#�
TO: Mayor, Cifiy Council and Interim Ci inisfirator
�
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
t SUBJECT: Cable Television Franchise Fees
w •�
Beginning tast year, the NDC-4 agreed to reimburse the member Cities an
amount equal to 15 percent of the Franchise Tax which they receive from
Continental Cablevision.
The first year, the City received 54,613.46 and this year we have received
56,875,24. For the first year (9 994�, the Commission requested, and the City
approved, the return of approximately half af the fee to allow the Commission
funding for a new program called Insight 7. This program is a community
news/magazine which has been well received by the cable users.
This year, the Commission again requested the return of half the payment,
53,338 to permit continuation of the program. �.ast year all af the Cities except
West St. Paul and South St. Paul returned a portion of the fee to NDC-4.
Attached is a financia[ summary af 1995 and the prajected 'i 996 Budget. Also
attached is infarmation on the pragram topics during the past year.
' •1 i -• i �
Acknowledge rece'rpt of NDC-4. fee refund and authorize payment af $3,338
for continued funding of the "Insight" program.
�
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
� 5845 Blaine Avenue
, Inver Grove Heights, Minnesota 55076-1401
612/450-9891 FAX 612/450-9429 TDD 612/552-9675
April 10, 1996
Mayor Charles Mertensotto
and City Council Members
City of Mendota Heights
1101 Victoria Curve
4 Mendota Heights, MN 55118
Dear Mayor Mertensotto and City Council Members:
"v,f
�/� , , �r I ` ��; .
1 �� 'iti' ,�`..,�..,
;�'/f111�2 � •'• f 1 � Y
`t �� . � •
Enclosed is a check for $6,675.24, which constitutes 15% of Franchise Fees collected from
Continental Cablevision for fiscal year 1995, pro-rated for the number of subscribers in your city.
Attached is a worksheet showing the calculation of this payment.
At its Apri13, 1996, meeting, the NDC4 Cable Commission decided to again request that your
City Council consider making a voluntary contribution for the continued production of the local
community news/magazine program, Insight 7.
Using the contributions from five Member Cities, Continental Cablevision, and the NDCTV
Corporation, the program has been in production since September 1995, and community response
has been fantastic. Please read through the attached supplementary materials showing the many
local topics we have covered, media coverage received, cost-effectiveness of producing the show,
and audience reactions. We think you will agree that the program has been a good anchor toward
our efforts to increase audience value for our programming and build a base for sponsorship-
supported programming. It is a great way to package information for the community in a half-
hour, professional presentation, which can then be used in cross-promotion with some of the full-
length event coverage that we do. (For example, we can cover a candidates' forum with a news
report on the Insight 7 program, and then tell viewers that the full forum will be cablecast if they
wish to view the entire event.)
If NDC4 Member Cities choose to continue their support in the amounts shown on the enclosed
Franchise Fee payment worksheet, we anticipate having the ability to continue the show for
another year, supplementing the Cities' contributions with another payment from Continental
Cablevision and establishing a revenue stream from local business sponsors.
`
Mayor Charles Mertensotto
and City Council Members
April 10, 1996
Page 2
We hape yaur Cauncil will allow ane of our staffto attend a work session ar Council Meeting to
discuss �rzright 7, answer your questians, and present a short sample uideotape of the coverage
we pravided your community in the first six months of Insrght 7. We would be happy to provide
taped episodes for any City C}fficials who would Iike to see past programs. Yau may aiso catch
the current edition on Channe133 at the following times:
Tuesdays at naon, 3:00 p.rn. and 7:00 p.m.
"t7tlednesdays at 3:00 g.m. and i0:30 p.m.
Thursdays at noon, 3:00 p.m, and 7;30 p.m.
Saturdays at 5:30 p.m.
New premiers are scheduted for Tuesdays Aprii ibth and 30th at 7:40 p.m.
We'd like to thank the many city staff and officiais in a11 af NDC4's 1Vlember Cities wha have
provided ideas, feedback, contacts, cooperation and supportl Please feel free to contact either of
us to discuss this request further. 2hank you.
Sincerely,
NQRTHERN DAKOTA COt;1NTY
CABLE C4MMLTNICATIONS COMMISSION
i ��
org Tourville,
NDC4 Chair
Encs.
�.. �.�� 2�
Jo ie Miller
C4 Executive Directar
NDC4 Franchise Fee Payments to Member Cities for Fiscai Year 1995 ;
1995 Franchise Fees Revenue:
1 st Quarter 1995
2nd Quarter 1995
3rd Quarter 1995
4th �uarter 1995
Total �iscai Yea� 1995
�ity �
Inver Grove Heights
Lilydale
Mendota
Mendota Heights
South St Paul
Sunfsh l�ke
Wesi St Paui
TOtaI
Subscribers*
5,267
266
40
2,367
4, 648
81
4,�97
$79,582.30
79,788.75
79,524.60
83,839.85
$322,735.50
% of Totai
30.68�0
1.55%
0.23%
13.79°la
27.08%
0.47%
26.20`/0
Payment
Due 4/15/95
$14,853.62
$750.15
$11281
$6, 675.24
$13,107.96
$228.43
�� 2,682. � 2
Voluntary
Contribution
$7,427
375
56
3,338
6, 554
114
6,34�
Retained
by City
$7,427
375
56
3,338
6,554
114
S, v��
17,':G6 100.00% �8.410.33 24,205.16 24,2G5.16
* Breakdown of subscribers by city as of 12/31/95 provided by Continental Cablevision.
�
NDC4 Franchise Fee Payments to Member Cities for Fiscal Year 1994� �'�
1994 Franchise Fees Revenue:
1 st Quarter 1994
2nd Quarter 1994
3rd Quarter 1994
4th Quarter 1994
Total Fiscal Year 1994
4
C�ty .
Inver Grove Heights
Lilydale
Mendota
Mendota Heights
South St Paul
Sur�sh Lake .
''Vest St._ Pau I
Total
Subscribers*
4,834
58
36
. 2�443
4,420 .
80 '
_ 4� 26'_
$75,681.40
78,410.24
74,182.30
76,4�4.85
$304,718.79
% of Total
29.96%
0.36%
0.22%
15.14%
27.39%
0.50%
26.43'/0
Scheduled
Payment
$9,128.72
109.53
, 67.98
4,613.46
8,346.91
151.Q8
8, 054.20
News Show
Contribution
$4,494.00
109.53
67.98
2,300.00
0.00
15� n8
�0.00
Payment
Due 4/15/95
$4,634.72
0.00
0.00
2,313.46
� 8,346.91
' : 0.00
8, �54.20
16, i36 ��100.00% 30,471.88 7,12?..v9 . 23,349.29
* Breakdown of subscribers by city as of 12/31/94 provided by Continental Cablevision.
lnsrg►ht 7
Financial Report, April 10, 199t:
Act�al Revenues 1995
City Contributions $?,123
Continental Cablevisian Grant S,OOCt
Carporate Underwriting 0
NDCTit Corp. Corttribution B4OIX}
Remaininq from previous year
tota! revenues
Non—NDC4 Persannel
Ydeotape
Equipment
Supplies
Promotions
#otal expenses
20,123
Bud,qet F��ven.�es 4 96 to 4/9?
$24, 2p5
5,150
2,600
�
3,:i07
35�4fi2
Gash Expenses 1995 Casi�� to 4 2 9fi Budget �:�enses 4/96 ta 4/97
9,OOa fi,�00 2F,Gt�O
1,488 0 1,378
� **
81 0 260 .
4fi 0 . 5, 2tJ0
10,616 6,000 35,438
*Portable Teleprompter purchased by ND('.N Corporation in 1!�95 fo� $4,600, will be used for muftiple purposes in addi#ion ta Insight
**NDCTV plans to purchase a Part��le Ligt��t in 1996 for $200, :�,rhic�; a��in will be used for mu�:i—purposes.
/
�
Insight 7 Community Coverage� September 199�-F�bnaary 1996
Pre17Ji+�t te M�itL��L@
9J5i95 iGH Community Cente�
9/19/95 MH Fire Dept. uf the Year
10/3i95 Wako#a Bridge Coalitian
10/17/95 Regional Bike Trail System
10/3iJ951SD 197 & 199 Referendum's
11l14l95 Harold Stassen iof S. La�ite)
11/28/95 Ann Bancroft ;af S. La;ce)
32/12195 WSP S�gnal S-i�tEs Ma11
119/96 Airport tssues
2/6/96 Gang Awareness
2/20/96 8un-Curren! Suld
�
� •. i►i��
SSPlWSP Safety C:�s�m�
53P Spiash Poal ,:
SSP Chili Cook Off'
Summer V(deo Mon�age
(GH Summer Baske,ba�!
1GH Star City Dajrs • �
Dakota's Chitdren Sp�r� ;.Da�
SSP Fire Rescue af Giti!�
!SD #197 Mentoring Pro��ram
NDCN Pcoducer Nighf
SSP Artist •
SSP 800ya
Highway 52 Opening
SSP Peace B�idge - �
IGH Grocery Grand tJp�ning
WSP Fire Preveatian '
SSP Physics Competitioir:
{GH Optician for Nollyw �o�
MH Farewell ta T. Lawe't •.
W5P Neighbofiood Gra4�s
WSP Photos � �
SSP Drovers changes h��rds
SSP Graduation Reyuiremts
Tour af Haliday Ho�ne �.ights
WSP Ecumentcaf Advent �vc
Local Sewtng Group _
Hanukkah Traditior� ,
Emanuel Lutheran `�eacher
WSP One-stop Jotij Shoo
WSP West Side Mode1
SSP Communi#y Ur.•te�, - ,�
Simley Diversity Spt:ci�iist
Historica! Society on Crrme
SSP Hall of Excellence
Presidents Day Cele�r�i�ons
Back to Schaol
Confederate Air Force
Slmtey improv Group
NDC Pulse Project
Dakota Cty. Domestic Abuse
Men's rehab. program �
Safe exchange program
S5P Reap
SSP Stack Exchange
Wildemess Inquiry
Swedish Troli Story Te11eF
Simiey Perfect SAT scor��
Dakoka Cty. Juvenile Ce:�ter
IGH Post Office
�orts
Sibley Foatbail
SSP Soccer
tGH Soccer
Simley
Faotball piay-aff #eams
STA, Sibtey, SSP
SSP Gir1s Nockey
.STA BasketbaU
Hockey
Simtey Dancetine
St. Cfoix Girls Basfcetbal
Simley 5wimming
1 E1`�DL. ate Main Fea����re In Y43ar �'�'!�dd $isi�liti.+� �.II�
MH Police �eticeR�ent '
IGH Cammuni;, C��nter �"our �
3/5l96 Peace Nouss fac R{DS Gaucus Pc�litics ' Seniac Housing S#ate Tournaments
Cabie Franci�ise F��aposat
GanglYouth Sernir��r . ' -
3/19i96 Dakota Caunty Youth Summit Today's You�h Int�rviews Community Grou{.�s on You+h SSP/IGH Hockey
St. James Youi� 1';�lent Show
SSP School intem�t S�ssion
with Harold Stasse��
4/3198 Visitation Wom�rn's Gonferenc Tax Time Women and Media Sibley Baseball
Wakota: Toii Bridg�s
WSP State-of-the-�ity Addres
7�1��, f•.s~ s
CITY OF MIIVDOTA HIIGHTS
ul'r1u •
Apri129, 1996
�
TO: Mayor, City Council and Ci �, �' trator
FROM: Kathleen M. Swanson, City Clerk�j(�
RE: Liquor License Hearings
� �.
Liquor license renewals have be�n submitted from Mendota Liquor for Off-Sale,
Marriott Corporation for Hotel On-Sale and Sunday On-Sale, and Mendakota and Somerset
Country Clubs for Club On-Sale and Sunday On-Sa1e liquor licenses. The applications have
been processed by staff and appear to be complete and ia compliance with the ordinance. In
conformance with the liquor ordinance, Council must schedule and conduct a public hearing
on these applications.
: �. • ►�n��� u� �i�
I recommend that Council schedule a public hearing on the liquor license renewal
applications for May 21, 1996.
� Y•► :'� 11::��
If Council concurs in the recommendation, it should schedule public hearings starting at
7:30 p.m. on May 21, 1996 for renewal of Mendota Liquor for off-sale, Marriott Corporation
for hotel on-sale aad Sunday on-sale, and Mendakota. and Somerset Country Clubs for club on-
sale and Sunday on-sale liquor licenses. �
.�
�
CITY OF MENDOTA HEIGHTS
�� �
May 3, 1996
To: Mayor and City Council
�
From: Kevin Batchelder, Interim City A' s r
Subject: Leave of Absence Request - Kun Blaeser
The City's Personnel Code includes provisions for unpaid leaves of absence for city
employees upon approval of the City Couacil. I have received a request from Kim Blaeser,
Senior Secretary, for Council appmval of a three month leave of absence for the period of
June 3, 1996 until September 9, 1996. Kim has cited significant personal matters as the
reason for her request for an unpaid leave of absence.
Section 17 of the Personnel Code states that leave of absence without pay may be
granted by the City Council, taking into consideration good conduct, length of service and
efFiciency of the employee and the general good of municipai service. Such leave shall not
exceed ninety (90) days. (An updated copy of the Personnel is provided to City Council
members with this memo.)
I support Kim's request for a leave of absence on the basis of good conduct and
efficiency in the performance of her job duties. Kim has been with the City of Mendota
Heights for thirteen years since she was lured on 7une 27, 1983. It will be difficult to fill the
gap in the work flow that will result in her absence. (Please see attached Job Description.)
Administrative staff is currently discussing our options for addressing Kim's work
duties during her leave of absence. At the May 21, 1996 meeting, I will bring forth a
recommendation on how to best cover the period of time during the leave of absence. Since
Kim's leave will be unpaid, it should he no problem for the budget to cover any temporary
clerical services that may be needed.
RECOMMENDATION
I recommend that Council authorize a three month, unpaid leave of absence for Kim
Blaeser, as per her request, for the period of June 3, 1996 until September 9, 1996.
ACTION REQUIltED
If Council concurs with the recommendation, it should pass a motion to authorize a
three month, unpaid leave of absence for Kim Blaeser, as per her request, for the period of
June 3, 1996 until Septemher 9, 1996. �
�
CITY OF MENDOTA HEIGHTS
MEMO
April 15, 1996
TO: Kevin Batchelder, Interim City Administrator
FROM: Kim Blaes��
{ SUBJECT: Request for Leave of Absence
As you know. I have spoken to you regarding some significant personal
matters which have put me in the position of requesting a leave of absence.
According to Section 17 of the Personnel Code, I can request an unpaid leave of
absence for 90 days (three months). Therefore, I am respectfully requesting an
unpaid leave of absence starting June 3, 1996. I intend to return to work on
September 9, 1996.
1 appreciate your professional support and guidance during this difficult
time.
' •► : • : �
Your approval of my request and Council action to grant my request for an
unpaid leave of absence from June 3, 1996 and ending on September 9, 1996.
,
,•
,
December 13, 1988
POSITION DESCRIPTION
Position Title: Senior Secretary
Debartment: Administration
Accountable To: City Administrator
Primary Objective of Position:
To perform secretarial duties for the City Administrator, City.;�;�
Clerk,sAdministrative Assistant and Financial Advisor.
Duties and Responsibilities:
�Transcribes dictation and types, from rough draft and other
sources, letters, memoranda, forms and other material, including
resolutions and ordinances, as directed by City Administrator.
Composes miscellaneous correspondence as delegated and in �
response to Planning Commission and City Council action.
Schedules appointments as needed. Relieves Administrator vf
clerical detail and�relays orders and directions as necessary.
Sets up and mai.ntains filing system for administration arid
planning reports and correspondence for prompt referral as
needed. 1� �
��r�or� �e 1`.�'�t�s
Serves as Secretary to the Plannin and Park C
g ommissions,
including preparation and distribution of agendas, attendance at
meetings, preparation of minutes, maintenance of case records,
preparation and publication of hearing notices.
Serves as primary�secretaria� support for City Administrator,
•.City Clerk, Administrative Assistant and Financial Advisor.
Transcribes Council minutes as dictated by City Clerk, and serves
as Council secretary in Clerk's absence. Duplicates, assembles,
types and distributes Council agendas.
Schedules appointments for. Planning Consultant and transcribes
dictation when necessary. •
Responsible for stocking of supply room.
Oversees Impressed Cash Fund and makes disbursements with
approval of the City Clerk. �
May assist City Clerk in election processes and in maintenance of
voter registration and assist in election judge training.
. .,
An�wers•phones, issues permits and assists at counter when
receptionist is busy or absent.
Operates computer, electronic typewriter, transcriber and
miscellaneous office equipment.
Performs other duties and assumes other responsibilities
including in other City departments, as assigned.
Knowledge and Skills Reauired:
Ability to compose a variety of inemoranda, letters, etc., with a
minimum of instruction.
Ability to organize and maintain an effective and efficient
filing system. -
� Ability to make independent decisions based on established rules
� and procedures. •
Ability to esta.blish and maintain an effective working
relationship with City officials, general public and other
employees.
Minimum Training, Experience and Education:
High school graduate including or supplemented by courses in
secretarial subjects.
Shorthand desired, minimum tping 60 words per minute.
Five or more years of increasingly responsible secretarial
experience. -
Understanding of the fundamental principles of records
management.
Experience in operation of variety of office equipment.
�
PERSONNEL CODE
for the
CITY OF MENDOTA HEIGHTS
Resolution No. 85-107
Amended by 86-104
Codified February 2, 1996
�
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
5ection 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
`
: �__ �_ �� __�
Purpose
Scope of Resolution
Appointment Procedure
Physical Examinations
Probationary Periods
Promotions
Permanent Employees
Work Week and Work Days
Over-time Compensation
Vacation Leave
Personal Leave/Extended Disability Protection
Funeral Leave
Crroup Insurance
Holidays
Rest Periods
Special Leave
Leave of Absence Without Pay
Compensation
Pay Days
Educational Incentive - Tuition Refund
Resignation
Grievance Policy
Lay-offs
Disciplinary Action
Labor Contracts
Retirement
Sexual Harassment
Equa1 Employment Opportunity
�
1
1
1
2
2,3
3
4
4
4
4,5
6,7,8
8
8
9
9
10
10,11
11
11
11,12
12
12
12,13
13,14,15
16
16
16,17
17
�
�
� :_ i ��. _� ii s. •i
Section 29. Unlawful Acts
Section 30. Effective Date
Disclaimer
�
18
This Persannei Cade is not a contract between the Ciiy of Mendota. Heights and its
emplayees. The Code is subject ta change without prior natice.
`
A PERSONNEL CODE FOR EMPLOYEES OF THE
CITY OF MENDOTA HEIGHTS
SECTION 1. Pur�ose
� It is the purpose of this resolution to establish a uniform and equitable system of
municipal personnel administration for all employees of the City of Mendota Heights.
SECTION 2. Sco�e of Resolution
This resolution sha11 apply to all employees of the City except the following:
f a. All elected officials;
b. City Attorney and Health Officer;
c. Members of Boards and Commissions;
d. Consultants and others rendering temporary professional services;
e. Volunteer firemen;
f. Emergency employees or other employees not regularly employed in a
permanent position.
SECTION 3. A�nointment Procedure
All probationary and regulaz appointments to municipal service shall be recommended by
the City Administrator and must be confirmed by the City Council on the basis of inerit and
fitness, and without regard to race, creed, color or discrimination. Where it is deemed necessary,
merit and fitness shall he determined by written, ora1, or other examinations designed to evaluate
the ability of the candidate to dischazge the duties of the position for which the examination is
held.
Personnel Code
SECTION 4. ��ysical Examinations
Page No. 2
All new permanent employees shall be required to have a physical examination by a
licensed physician approved by the City. Such examination shall include an evaluation of the
applicant's general fitness for the position in question with particular emphasis on detecting the
presence of latent trouble in time for the applicant to take corrective action or to prevent the
employment of a person whose condition would deteriorate or be aggravated by the position
under consideration. The cost of the examination shall be borne by the City and a report thereof
f sha11 be made to the City.
SECTION 5. Probationarv Periods
The first year of employment of an employee shall be regazded as a probationary period
to be utilized for observing the employee's work, for securing the most effective adjustment of
the employee to luslher position, and for removing any such employee whose performance does
not meet the required work standards. Vacation leave, personal leave, and extended disability
leave sha11 accrue to the employee during the probationary period. No leave shall be taken
during the probationary period except for illness or family crisis, and should the employee not
achieve permanent sta.tus appointment, he will be liable to repay the City for any such leave
taken. If employment is terminated during an employee's probationary period, no benefits shall
be due to such employee. Probationary employees shall not be entitled to leaves of absence.
During the one yeaz probationary period, the department head sha11 submit a written report after
six months and after ten months advising the City Administrator as to the acceptability of the
probationary employee for such position. The City Administrator shall make his
recommendation to the Council within twenty (20) days before the expiration of such one yeaz
period.
Personnel Code
Page No. 3
The City Administrator may terminate a probationary employee any time during the
probationary period, if in his/her opinion, the employee is not suited to the position. The
employee so terminated shall be notified in writing of the decision not to retain him/her and sha11
not have the right to appeal unless he is a veteran, in which case the procedure prescribed in
Minnesota. Statutes Section 197.46 shall be followed.
SECTION 6. �romotio�s.
The first one yeaz of a permanent employee's promotion shall be regazded as a
f probationary period. This period of time shall he utilized for observing the employee's work, for
securing the most effective adjustment of the employee whose performance does not meet the
required work standards. The probationary employee shall continue to be granted all benefits
due permanent employees, however, such employee shall not be entitled to leaves of absence.
During the one year probationary period, the department head shall submit a written report after
six months and after ten months advising the City Administrator as to the acceptability of the
probationary employee for such position. The Administrator shall make his recommendations to
the City Council twenty (20) days before the expiration of such one year period.
An employee shall not have his or her compensation reduced as a result of promotion, but
will be placed at a pay step equal to or greater than the previous compensation. The City
Administrator shall recommend a progression for the ensuing pay steps.
A permanent employee terminated during the probationary period from a position to
which he has been promoted or transferred shall be reinstated to a position in the class from
which he was promoted or transferred unless he is discharged from the City service as provided
in Section 24.
Personnel Code
SECTION 7. Permanent Em�loyees
Page No. 4
Permanent employees aze employees of the City who have passed the initial probationary
period and aze currenfly working full-time in the service of the City. Permanent part-time
employees are employees who have passed the initial probationary period and are currently
working a minimum of twenty (20) hours per work week in a position established by the City
Council. Permanent and permanent part-time employees shall be granted all benefits due them
which shall include vacation leave, personal leave, extended disability leave, paid holidays,
f military leave, military induction pay and pay for accrued vacation leave upon termination of
employment.
Benefits for permanent part-time employees shall be on a proportionate basis, based on
the average number of hours worked each week as compared to 40 hours per week.
SECTION 8. Work Week and Work Davs
Except for those positions otherwise specifically designated by the Council, the regulaz
work week shall be forty (40) hours, Monday through Friday, and the regulaz work day shall be
eight working hours.
SECTION 9. Over-time Com�ensation
Authorized over-time work performed shall be compensated at the rate of one and one-
half times the regular rate of pay. To the extent allowed by State and/or Federal law employees
may take compensatory ti.me off at such times as approved by the Department Head at the rate of
one and one-half hours ofF for every hour of overtime worked.
SECTION 10. Vacation Leave
Each permanent employee shall be entitled to vacation benefits as follows. After the first
year of continuous service the employee shall be entitled to two calendar weeks of paid vacation
�
Personnel Code
Page No. 5
leave except that those employees starting their sixth yeaz of continuous service with the City
shall be entitled to three calendar weeks of paid vacation leave per year and those employees
starting their eleventh year of continuous service with the Cifiy shall be eligible for one additional
day of paid vacation leave per year of service with a maximum of four weeks of paid vacation
leave after fifteen years of service. Vacation benefits shall be calculated based on employment
anniversary dates.
a. Vacation leave sha11 be scheduled by the departments to acconunodate the work
schedule of the departments provided that no permanent employees will be denied
the right to take yeazly vacation equal to the number of vacation days accrued by
the employee in the previous calendar yeaz.
b. Employees shall be encouraged to take yeazly vacations and shall be allowed to
accrue a maximum of twenty (20) days annual vacation for which they are
entitled, provided however, that no employee shall use more than twenty (20)
vacation days consecutively without prior City Council approval.
c. Employees sepazated from the City service shall be paid at their normal salary rate
for their unused vacation time.
d. Only the vacation records kept by the Accountant shall be considered official.
e. For the purpose of accruing vacation, employees starting employment within a
given month shall be considered to have started on the first of the month.
f. No employee who is on vacation will be allowed to work his regular job in the
City service for the purpose of receiving double pay.
`
Personnel Code
SECTION lla. 1'ersonal Leave/E�tended Disability Protection�-
Page No. 6
a. Personal Leave - Beginning January 1, 1987, all permanent full-time employees
sha11 accrue personal leave at the rate of four (4) hours per month, to a maximum
of 320 hours. Personal leave shall be available for use without restriction, except
prior approval of the supervisor. An employee sha11 not be allowed to use more
than iwenty (20) consecutive personal days, or a combination of twenty (20)
consecutive personal and vacation days, without prior approval of the City
� Council.
Ea.ch December 1, any employee with an accrued Personal Leave balance in
excess of 320 hours may convert the excess hours at the rate of 50%, to either
additional cash compensation, or additional vacation time. The compensation will
be made, or the extra vacation credited, with the second payroll in December.
Upon separation, employees shall be compensated for any unused Personal Leave
balance.
b. Extended Aisability Protection - Beginning January 1, 1987, all permanent full-
time employees shall accrue extended disability leave at the rate of four (4) hours
per month, to a cumulative maximum of 640 hours. Extended disability
protection is available for use on the second consecutive day of a personal illness,
and thereafter, or anytime for a work-related illness or injury.
Employees are to keep their supervisor informed of their condition. The
supervisor may require a letter or report from the attending physician. Claiming
1 Resolution No. 86-104
Personnel Code
Page No. 7
extended disability leave when physically fit may be cause for disciplinary action,
including transfer, demotion, suspension, or dismissal.
In cases of extreme emergency involving employees with a record of ineritorious
service, who through serious or protracted illness have used up all accumulated
personalleave, extended disability leave, vacation leave, and compensatory time
off, an extension of extended disability leave beyond the maximum provided in
this resolution may be granted by the City Council. The resultant deficit will be
repaid promptly through application of future personal and extended disability
leave accruals.
SECTION llb. Sick Leave
Permanent, full-time employees as of January 1, 1987 shall have a one-time option of a
sick leave program as a permanent alternative to Personal Leave/Extended Disability Protection.
Employees must advise the City Accountant of their selection of this altemative by January 31,
1987. Those selecting this option sha11 have any existing Personal Leave balance converted to
Sick Leave.
Those on the sick leave option shall accrue eight (8) hours per month of sick leave, to a
cumulative maximum of 960 hours. Sick leave shall be available for use on the first day of a
personal illness, and thereafter. All other restrictions on sick leave use sha11 be the same as for
Extended Disability Protection in Section l la, subsection b. above.
Upon sepazation in good standing, employees on the sick leave option sha11 be
compensated for 25% of the unused sick leave balance.
Personnel Code
SECTION llc. A��licatio� to Re�resented Em�loyees
Page No. 8
Sections l l.a. and l l.b. of this Personnel Code sha11 apply to employees represented by a
barga.ining unit, only if specifically adopted in the labor contract.
SECTION 12. Funeral Leave
All permanent employees, both full time and permanent part-time may attend the funeral
of their spouse, mother, father, children, grandmother, grandfather, brother, sister, mother-in-law,
and father-in-law, as paid Funeral Leave. Such funeral leave shall not exceed three da.ys and
f sha11 not be counted as sick leave. Up to four (4) hours of paid funeral leave will be granted to
attend the funeral of another City employee.
SECTION 13. Grou� Insurance
All permanent full-time employees shall be enfitled to insurance benefits as established
by the City Council from time to time. The scope of insurance coverage will be determined by
the City Council, and the maximum premium participation by the City shall be established each
yeaz. Permanent part-time employees shall be entitled to the same insurance benefits as full-time
employees except that the ' amount of premium participation by the � City shall be on a
proportionate basis based on the total hours they work each week, as compazed to a total of foriy
hours per week. For the purpose of this Section, permanent part-time employees shall be defined
as employees who are currently working a minimum of twenty (20) hours per work week in a
position established by the City Council.
Group Insurance benefits will be extended to sepazated employees, at their expenses, as required
by MSA 62A.17, subject to any limitations imposed by the carriers.
Personnel Code
SECTION 14. o i
Page No. 9
The following aze to be paid holidays for those employees not included in labor contracts:
New Year's Day, Martin Luther King's birthday (third Monday in January), President's Day
(third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4),
Labor Day (first Monday in September), Veterans Day (November 11), Thanksgiving Day (4th
Thursday in November), and Christmas Day (December 25). Two floating holidays shall be
granted conditioned that scheduling arrangements must be approved in advance by the
f department head. The City Council, upon recommendation of the City Administrator, may
designate one of the floating holidays as a fixed date when City offices will be closed. When
New Yeaz's Day, Independence Day, Veterans Day or Christrnas Day falls on a Saturday, the
preceding day shall be observed as a holiday; when any of these da.ys falls on a Sunda.y, the
following day shall be observed as a holiday. The sections of labor contracts relating to holidays
for those employees represented by bargaining units sha11 prevail for those employees.
The City Hall sha11 be closed for business on legal holidays, provided, however, that
employees may be required to work on paid holidays when the nature of their duties or other
conditions so required. If an employee is required to work on paid holidays, he sha11 receive
time off at a rate of one and one-half times the holiday hours worked at time subsequently
scheduled by the supervisor.
SECTION 15. Rest Periods
All regular employees working under conditions where the use of a break period is
practiced shall be granted a fifteen minute break period in the forenoon and a fifteen minute
break period in the afternoon of each working day. Break periods cannot be accumulated within
the working day or from day to day.
�
Personnel Code
SECTION 16. Special Leave
Page No. 10
a. All City employees who aze members of the Untied States Armed Forces
Reserves, members of the Minnesota. National Guard, or subject to call or
induction into the Federal Service by the President of the United States shall be
entitled to a leave of absence for the period of such active service without loss of
���
b. Any member of the United States Armed Forces Reserve or National Guard who
{ annually attends 15 days annual unit training shall be entitled to receive lus
regular pay for such periods but not exceeding a total of 15 days in any calendar
year. Employees who sha11 be called on or inducted for military duty of
prolonged duration shall receive full pay for 15 days.
SECTION 17. Leave of Absence Without Pav
a. Upon request by an employee, leave of absence without pay may be granted by
the City Council, taking into consideration good conduct, length of service, and
efficiency of the employee and the general good of municipal service. Such leave
of absence sha11 not exceed a period of ninety (90) days provided that the same
may be extended beyond such period if the leave of absence is for continued
disability or other good and sufficient reasons, but in no case shall such leave of
absence exceed one yeaz except when the employee is detailed for military service
or is disabled by reason of disability incurred while in the service of,the City. No
vacation or personal leave/extended disability protection benefits sha11 accrue
during a period of leave of absence without pay.
Personnel Code
Page No. 11
b. Jury Duty/Witness. In the case of jury duty, or as a subpoenaed court witness in a
case related to City employment, an employee shall receive compensation which
will equal the difference between the employee's regular pay and the
compensation paid for such jury duty or as witness fees.
SECTION 18. Com�ensation
Employees of the City shall be compensated according to the schedule established by the
City Council. Any wage or salary so established is that total remurieration for employment, but
f shall not be considered as reimbursement for official travel or other expenses which may be
allowed for the conduct of official business. Unless approved by the Cit�� Council, no employee
shall receive pay from the City in addition to the salary authorized for the position to which he
has been appointed.
SECTION 19. Pay lDavs
Employees sha11 be paid on every other Friday. Paychecks will be issued one week
following the end of the established pay period. When a holiday falls on payday, employees
shall receive their pay the preceding workday.
SECTION 20. Educational I�centive - Tuition Refund
All permanent, full-time City employees aze encouraged to further their education by
enrolling in work-related courses. The City sha11 provide an Education Incentive Plan for a11
permanent full-time employees of the City. If funds are not provided by any other governmental
agency, the Cit;� shall pay the cost of tuition equal to that chazged by State institutions after the
employee has successfully completed a work-related course with a grade of "C" or better. The
City Administ�ator will determine if a course is work-related and eligible for reimbursement.
Personnei Cade
Page No. 12
Upon completion of the caurse, the City shali pay the employee a one-time payment of ten
dollazs ($1 q.00) for each credit hour the emplayee has earned.
A certificate or some other proof of achievement in an appraved course sha11 be placed in
the personnel file of the emplayee.
SECTION 21. 12esignation
Any employee wishing to leave the municipal service in good standing shall file with his
department head, at least 14 calendaz days before leaving, a written resignation, stating the
f effective date of the resignation and the reason for leaving. Failure to camply with this
procedure may be considered cause far denying such emplayee employment by the City and
denying terminal pay benefits.
SECTION 22. Grievance I'olicv
It is the policy af the City insofar as possible to prevent accwrrence af grievances and to
dea.l with them promptly when they do occur. When any grievance comes or is direeted to the
attention of any supervisory employee of the City, the supearvisor shall promptly discuss all
relevant circumsl:ances with the employee and his representative if he so desires, consider and
examine the cause of grievances and attempt to resolve it ta #he e�ent that he possess authoriiy.
Failing at that levei, the grievance may be carried to a higher authority, up tv and including the
City Administratar.
The foregoing policy shall be superseded by grievance procedures when included in a
labor contract.
SECTION 23. Ls,#�y-o '#.�s
The City may lay-off any employee whenever such actian is made necessary by reason of
shorta.ge of work, or funds, the abolition of a position or because of changes in organization,
Personnel Code
Page No. 13
provided, however, that two weeks advance written notice sha11 be given. However, no
permanent employee sha11 be laid off wlule there aze temporary, provisional, or probationary
employees serving in the same class or position for which the permanent employee is qualified,
eligible, and available. Layoff shall be in reverse order of seniority within job classification,
when all other qualification factors are equal.
SECTION 24. Disci�linary Action
Any employee in the service of the City may be disciplined for cause. The method of and
f procedure for disciplinary action sha11 be determined as indicated below, and will be
commensurate with the seriousness of the infraction. Demotions and dismissals shall have prior
approval of the City Council.
a. I3enrimand.
An employee may be given an oral or written repri.mand by his superior or the
City Administrator whenever his performance falls below expected standards or
whenever the employee is guilty of misconduct or disobedience in any matter.
b. Sus�ension.
The first line supervisor (i.e., Police Sergeant, Public Works Superintendent) may
suspend an employee without pay for one (1) day, and will advise the Department
Head of such action. The Department Head may suspend an employee without
pay for up to five (5) days, and will advise the City Administrator of such action.
The City Administrator may suspend an employee without pay for up to thirty
(30) days, for disciplinary reasons.
c. pemotion.
0
.
Personnel Code
Page No. 14
An employee may be demoted by the City Administrator for inefficient
performance of his duty, for disciplinary reasons, or for good and sufficient
reasons.
Officers and employees subject to the provisions of this resolution may be
removed from City employment by the City Administrator for just cause.
Dismissal for cause shall be grounds for denial of the employee's terminal
f benefits including accumulated vacation and personal leave.
��� i � :�. •/1• �� ►l_:_��
As an alternative to, or in concurrence with the above disciplinary steps, the
Department Head and/or City Administrator may refer an employee to the
Employee Assistance Program for professional assistance. The Department Head
and/or City Administrator may also grant a one-da.y, paid decision-making leave
to an employee prior to final action on demotion or dismissal.
i 1 � �:�► : i��
Evidence of any of the following acts shall be cause for disciplinary action
including reprimand, suspension, demotion or dismissal:
1. Incompetence, inefficiency or negligence in the performance of duty.
2. Insubordination, including, but not limited to, refusal to obey an order which
a superior is entitled to give and have obeyed, or refusal to do assigned work
which the employee is capable of doing which has resulted or reasonably
might be expected to result in loss or injury to the public or the municipality.
�
�
Personnel Code
Page No. 15
3. Public statements which are slanderous, libelous or which tend to discredit a
City official or the City's services.
4. Repeated tardiness after warning.
5. Unauthorized absence or abuse of leave privileges.
6. Under the influence of intoxicating beverages while on duty; or reporting to
work while under the influence of intoxicating beverages.
7. Under the influence of those drugs prohibited by the City, State or Federal
f law while on duty without authorization by a licensed physician and without
written permission from the City Adrninistrator.
8. Wanton use of offensive conduct or language towazd the public or City
officials or employees.
9. Conviction of a criminal offense or misdemeanor involving moral depravity.
10. Physical or mental defects which in the judgment of the City Administrator
incapacitates the employee for the proper function of his position.
11. Cazelessness or negligence in the handling or control of City property. Theft
of City property.
12. Proven dishonesty in the performance of an employee's duties.
13. Inducing or attempting to induce an official or employee of the City to
commit an unlawful act or to act in violation of any law and reasonable
official regulation or order.
14. Violations of the provisions of law or of this ordinance.
15. Violations of written personnel or departmental regulations.
�
Personnel Code
SECTION 25. Labo�r Contracts
Page No. 16
If any of the foregoing provisions of this resolution shall be inconsistent with the
provisions of a union or other labor contract entered into by and between the City and a labor
union or other organization on behalf of the City employees, such union or labor contract sha11 be
deemed deternunative as to any such inconsistent provisions.
SECTION 26. Retirement
The mandatory retirement age for all municipal employees shall be 70 years of age. In
f special cases, work extensions to employees may he granted by the City Administrator after the
age of 70 on a yeaz-to-year basis, except that no employee shall work in a municipal position
after the age of 75. Extensions will be granted beyond the age of 70 only when it is in the best
interest of the municipality to do so. Extension requests will be dealt with on the basis of the
facts in each individual case. Department heads shall be consulted and any pertinent facts
regarding the work performance of the employee requesting an extension of retirement age may
be considered in deterinining disposition of his request. Employees desiring a work extension
beyond the age of 70 shall submit the request in writing to the City Administrator not less than
six (6) months prior to their 70th birthday. In the absence of approved work extensions,
employees shall retire from employment not later than December 31, following their 70th birth
date. The City Administrator sha11 inform the City Council of any retirement extensions granted.
SECTION 27. Sexual Harassment
Sexual Hazassment has been held to be a form of sex discrimination, in violation of a
person's civil rights. Sexual harassment is defined as:
1. Unwelcomed or unwanted sexual advances;
Personnel Code
2. Requests or demands for sexual favors;
Page No. 17
3. Verbal abuse or kidding that is sex-oriented and considered unacceptable by
another individual;
4. Any type of sexually oriented conduct that would interfere with another's
work performance;
5. Creating a work environment that is intunidating, hostile, or offensive
because of unwelcome or unwanted sexually-oriented conversations,
F suggestions, requests, demands, physical contacts, or attentions.
Any employee who feels that he or she has been the victim of sexual hazassment in the
workplace may file a complaint per Section 22 of this resolution.
Any employee found guilty of perpetrating sexual harassment shall be subject to
disciplinary proceedi.ngs per Section 24 of this resolution.
SECTION 28. F�ual Em�oyment Op�ortunitv
The City of Mendota Heights is an equal opportunity employer, and as such, these
personnel policies are applied equally to a11, without regard to race, color, religion, age, sex,
marital status, national origin, or physical disability.
SECTION 29. Unlawful Acts. Falsification of Records
No person shall knowingly make any false statement, certificate, mark, rating, or report in
regazd to any test, certificate, or appointment held or made under the personnel system or in any
manner commit or attempt to commit any fraud preventing the impartial execution of the
provisions of this resolution.
Personnel Code
SECTION 30. Effective Date
Page No. 18
This resolution rescinds and supersedes Resolution numbers 73-93, 75-24, 76-67, and 79-
49, and shall be in full force and effect from and after its adoption.
Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985.
`
Ciry of Mendota Heights
MEMORANDUM
Apri126, 1996
TO: Mayor and Ciry Co �
City Administrat�
FROM: Dennis Delmont
Chief of Police p���j�
Subject: Permanent Appointment of Officer Lee Flandrich, Jr.
INTRODUCTION
Lee Flandrich has successfully completed one year's probation as a Mendota. Heights
Police Officer, and I request that Council now appoint him to that position on a permanent
basis.
DISCU5SION
Officer Flandrich was appointe as a probationary officer on Apri121, 1995. His probation
period has now expired and the Department is very pleased with his work. Both Sergeants
have indicated that Lee is doing an excellent job and he has been well accepted by his
fellow officers. Lee came to us with high praise from his former employer and he has
reinforced their comments with a year's worth of solid, productive work.
ALTERNATIVES
Approve permanent appointment. Extend the probadonary period. Terminate the
employee.
RECOI�IlVIENDATTON
That Probationary Police Officer Lee Flandrich, Jr. be appointed to the permanent position
based on his successful completion of one year's probation.
m
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Now, �, Ca°°�� ���g � �
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an this 7th a ��g'�b.i�,re,�g�� '
Comprehensii .
ti� � Go�4
1. That part of� t'
Dakota Coum
south o£the no�
1630.00 feet be�
2. That part of the Ea�i
(E112E112NW114SVt,
which lies sauth of a l�
Quarter of said section �
tbe Southwest Quarter.
3. Tt�a.t part af the West Half i:
(W112E112NW114SW114} a��
which lies easterly of the weste�
Final Certificate filed in Boak 7:l
parallel with and 960.00 feet soui:`
25. Said 960A0 feet being measuzl
Quarter. �
(Subject to a11 easements of recard. Contai� �,
� �
Adopted by #he City Council of the City of Mt�
SIGN: ATTES
Charles E. Mertensotto, Mayor Kathieen I�
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LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
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Asghalt Contractor License
Northwest Bituminous
biasonry Contractor License
Hines & Sons, Inc.
Excavating Contractor License
Bjorkman Excavatig, Inc.
King Construction
Gas Pipiag Contractor License
A-1 Heating & A/C
Wm F. Ridler Plumbing & Heating Co., Inc.
AYAC Contractor License
A-1 Heating & A/C
Nimis Newman Mechanical Inc.
Statewide Gas Services, LLC
General Contractor License
Able Fence Inc.
Benson-Orth Associates, Inc.
Berwald Roofing Co., Inc.
W.L. Hall Co.
J & K Construction
Leuschner Construction
Mulcahy Inc.
The Quimby Co.
Petroleum Maintenance Co.
Tree ServicefLandsca�e Contractor License
S& S Tree & Horticultural Specialists, Inc.
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TOr Mayor an8 City Counct2
' �.�.X� Ti.TJ� �:
fiotal.C,taims �17i,994.i4
Signiflcartt Claiacs
y�ak,pta t7a�nt�r Aud{t�r S�sec Assmts Nlend}c. Pk. $?6,265.56
g�,}� p�$, Ma3, Ins. $13,451.64 �
M.W.C.C. _.� Se�rer t2zc�zz'ges $58,$14.04
N.S.P. UtilitY Criarge� $21,002.41
peat Marwiak Audit $13,dd8.Od
vnusua2. CZatms
taattkO Ehigy F7qu. Eire F.)qui�ment $ 4� 616. QO '
pz� �rf I,awn S�pplies � 3,A87.34
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Manual Checks
15792
15793
15794
15795
15796
15797
15798
15799
15800
15801
15802
15803
15804
15805
158Q6
15807
15808
15809
15810
15811
15812
15813
15814
15815
15816
15817
15818
15820
15821
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$4,415.63 State Capitol CU
$13.84 PERA
$8,456.88 PERA
$905.14 ICMA RT
$960.00 Minn. Mutual
$245.00 Minn State Retirement
$260.U0 Great West L & A
$3,612.13 Comm Revenue
$405.00 Dakota Bank
$15,786.28 Dakota Bank
$47,075.84 Payroll a/c
$41.00 Minn Dept of Revenue
$27.00 Deputy Registrar
$831.33 So. St. Paul Slowpitch
$384.00 ASA MSP
$43.20 Chriss Esser
$3,811.91 State Capitol CU
$18.00 State of Minn
$125.00 WCVA Housing
$8,674.12 PERA
$13.84 PERA
$1,294.46 ICMA Rt
$960.00 Minn Mutual
$245.00 Minn State Retirement
$275.00 Great West L & A
$3,907.70 Comm Rer
$17,154.78 Dakota Bank �
$48,309.47 Payroll a/c
$405.Q0 Dakota Bank
$168,656.55
Grand Total $340,150.69
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
4/12 Payroll
lst Quarter
License Tabs
Recr splp
Sanction
Mileage
4/26 Payroll
Tabs
Resv •
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4/26 Payroll
4 1
ti
CITY OF MENDOTA HEIGHTS
MEMO
May 6, 1996
TO: Mayor, City Council and Interim City Administrator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Turner's Gymnastics IR Bond Request
�7 ���I���3L�P]
At our Council meeting of April 16, we called a public hearing for tonight on
the request of Turner's Gymnastics to issue Industrial Revenue Bonds.
In the rush to get the agenda out on Friday. we overlooked including the
hearing on the agenda, therefore, the original memo and proposed resolution are
attached for Council review.
The hearing had been called for 7:30 p.m., however, Mr. Steve Fenlon
representing Turner's Gymnastics, has a conflict at St. Thomas Academy and will
not be able to be at the meeting until about 9:00 p.m.
+�
' � 1 : � : �
If agreeabte Council shoufd delay catfing the hearing until Mr. Fenlon arrives
at the meeting. If the request is acceptable, Council should pass a motion
adopting Resolution No. 96- RESOLUTION APPROVING THE ISSUANCE AND
SALE OF A$565,000 REVENUE NOTE (TURNERS GYMNASTICS CENTER
PROJECT) SERIES 1996, OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA,
AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO.
LES:kkb
�
� -
CITY OF MENDOTA HEIGHTS
MEMO
April 25, 1996
T0: Mayor, City Council and Interim City Administrator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Turner's Gymnastics - Industrial Revenue Note
. •�
The City Council has called a public hearing for tonight to consider the use
of Industrial Revenue financing for the purchase of the Turner's Gymnastics
building by the reorganized Turner's Gymnastics.
The Council should consider the application of the City Industrial Revenue
Bond fee which, for the proposed issue of 5565,000, would normally be 55,325 in
addition to City out-of-pocket expenses in connection with the issue.
Attorney Tom Hart has reviewed the Loan Agreement, Pledge Agreement
and Security Agreement referred to in the resolution.
' • � : • : �
The Council should conduct the public hearing and if acceptable, adopt
Resolution No. 96- , RESOLUTION APPROVING THE ISSUANCE AND SALE OF
A 5565,000 REVENUE NOTE (TURNERS GYMNASTICS CENTER PROJECT) SERIES
1996, OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AND AUTHORIZING
THE EXECUTION OF DOCUMENTS RELATING THERETO.
LES:kkb
J a
�.�
Council Men�ber _. introduccd thc following resolution and
rnoved its adoption.
RFn�t^.�LLTTIQN NQ. �,
RESQLUTI4N APPR4VIIYG THE ISSUAIYCE Ai�ID SALE OF A
�565,000 REVENUE NOTE
{TURNERS GXh�i'VASTICS CEi�iI`ER PRQJECT} SEItIES 1996,
OF THE CI'fY OF MENDOTA HEiGHTS, MINNESOTA, AND
AUTFIORIZING T�IE EXECU'TiOI�T O� D4CI3MENTS RELATIIYG THERETO
BE IT RESOLVED, by the City Council (the "Council") of thc City of Mendota I Icights,
Minnesota (the "Mu�ucipality"}, as foltows:
�,g�1,, It is hereby founct, datemuticd, aad declarcd as fotiows:
A. Under Minnesota Statutes, Sections 469.152 to 4b9.165, as amcnded (the
"Act"), t�te Municipality is a�thoriz�ti and empowered to issue revenuc obligations to
finar�ce all or any part of a"projec�" as described in the Ac�
B. On April 2, 1996, the Municipality callcd for a public hearin�, regarding
the issuance of obligations in a principal amaunt nvt ta +exceed $60�t},�4{3 with respr�ct ta
the fmancing af the acquisition of the gymnastics center facility locatui at 2500
i.$xington Av�nue Sauth in the Municipality �iierein refezred to as the "Pztirj�ct"} by Twin
City Turners Gymnasfics Center, a Minaesots nonprofit corporati�n {the "Compaey").
C. As required by Section 147{f} of thc Internal Revcnue Code of 1986, as
amended (the "Code"), the Municipaliry on the date hereof bas iietd a public hearing on
the issuance af a revcnue note with respcct ta thc Proje.�t.
D. The issuaace attd sale of the �565,000 Revenue N4tc {Turncrs t3ymn�stics
Center Pmject) Serie5 1996 (the "Note"), by the Ivlunicipality, pursuaat t�o thc Act, is in
the best intarest of the Ivtuaicigality and the Municipality hereby determincs to issue the
Note and to s�ll the Note to the Lender as defaned in tlie hercin�fter dcscribed I,oan
Agreement. The Municipality wiil loan proc+:eds of the Note {tho "Loan") io tha
Cot�tpany in ardcr tu ,Cinance the Pmjxt.
E. Pursuant to a Loan Agreement {the "Loan Agr�ment") tu bc entercd into
batween the Mwucipaliry and tho Company, tha COfiij?any agrCCS to rCpBy the LOt�ii tii
specified amout�ts and at specified times sufiicient tu pay iu i�l! whcn due th� principal
of, premium, if any, aad interest an the %tot�e. In tsdciition, the Loan Agr�ement contains
provisions rclating to the payment by the ComQany af certain aduliuistrativc and legxl
costs af the Municipality, the maintenance and opera.tian of the Projec:t, ind�mnification,
�
insurance, and other agreements and covenants which are required ar permitted by the
Act and which the Municipality and the Company deem necessary or desirable for the
Project and the security far the Note. A draft af the Loan Agreement has been submitted
to the Council,
F. Pursuant to a Pledge Agreement (#he "Pledge Agreement"} ta be entered
inta between the Municipality and the Cherakee State Bank (the "Lender"), the
Municipality pledges and grants a security interest in all of its rights, title, and interest in
the Loan Agreement (except for certain rights for reimbursement of certain costs and
expenses and for indemriif catian} to the Lender. A draft af the Piedge Agreement has
been submitted to the Council.
G. The Note will be a special limited obligatian of the Municipality. The
Nate shall not be payable fram or charged upon any fivads other than the revenues
pledged to the payment thereof, nor shall the Municipality be subject to any liability
thereon. No hoider of the Note shail ever have the right to compel any exercise of the
taxing power af the Municipality to pay the Note or the interest thereon, nor to enforce
payment thereof against the properiy of the Municipality. The Note shali nat cans#itute a
debt of the Municipality within the meaning of any constitutional or statutory lunitation.
S� ectx'�,, In order to provide for the financing af the Project, the Municipality hereby
authorizes the issuance of the Note. The Note shati be in substantially the form submitted to the
Council on the date hereof, and shall mature in the years and amounts, be subject to redemption,
and provide interest at the rate(s} as therein specified, as such may be modified by agreement of
the Lender, the Company and the Municigality.
S�� The Loan Agreement, the Pledge Agreement and the Note are hereby made a
part of this Resolution as fully as though set forth herein and are hereby approved in substantially
the forms presented to the Council. T'he Mayor arid the City Clerk are hereby authorized and
directed to execute, acknowledge, and deliver said documents on behalf of the Municipality with
such changes, insertions, and omissions therein as the City Attomey may hereafter deem
appropriate, such execution to be conclusive evidence of approval of such documents in
accordance wrth the terms hereof.
.���. The Mayor and the City Clerk aze hereby authorized and directed to execute
and deliver all other documents which may be required under the terms of the Loan Agreement
ar Pledge Agreement, or by bond counsel, and to take such other actians as may be required or
deemed appropriate for the performance of the duties imposed thereby to carry out the purposes
therea£
,�g�ian 5. In arder ta quaiify the Note as a"quaiified tax-exempt abligation" within the
meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Cade"),
the Municipality hereby makes the following representations:
-2-
�k
��
A. The Municipality hereby designates the Note as a"qualified tax-exempt
obligation" for purposes of Section 265{b)(3} of the Code;
B. The reasonably anticipated amount of t�-exempt ob3igafions {other than
obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be
issued by the Municipality {and all subordinate entities whase c�bligations will be
aggregated with those of the Municipality) during this calendar yeaz 1996 will not exceed
$ l0,QQ0,004; and
C, Not more than $1 Q,OOQ,000 of t�-exempt obl'zgations issued by the
Municipality during this calendar year 1996 have been designated as qualified tax-exempt
abiigations for purposes of Section 265{b){3) of the Code.
���g�,. This Resolution shal� take effect immediately upon its adoptian.
Approved; May 7,1996
ATTEST:
City Clerk Mayor
-3-
The motion for adoption of the foregoing Resolution was duly seconded by Council Member
and, upon vote taken thereon, the following voted in favor thereof:
and the following voted against the same:
and the following were absent:
whereupon, the Resolution was declared passed and adopted and was approved and signed by the
Mayor and attested by the City Clerk.
CERTIFICATION
I hereby certify the foregoing is an exact copy of "Resolution Approving the Issuance and Sale of
a$565,000 Revenue Note (Turners Gymnastics Center Project) Series 1996, of the City of
Mendota Heights, Minnesota, and Authorizing the Execution of Documents Relating Thereto,"
adopted by the Mendota Heights City Council on May 7, 1996.
GP:280014 vl
-4-
City Clerk
( SEAL )
CITY OF MBNDOTA FiPIGHTS
�t •
April 4, 1996
�
To: May�or, City Council and Citg Admi trator
From: Paul Kaiser, Fire Marshal
Subject: T.I.F. Funding, Lloyds Food Products
Introduc�.ion,,
Lloyds Faod Products,Inc., 1455 Mendota Heights Road, is
currently updating �he fire sprinkler pro�ection as required by
fire codes. Additionally, there is another problem at this plant
�hat needs attention but� wi11 not be covered by fire codes until
the adoption of the 1994 Minnesota Uniioxm Fire Code. Because of
the "grandfather" sectian o� the fire code it may be impossible to
ever correct the hazardaus condition that now exists. Through the
use of T.I.F. funds, the Ci�y could have the opportunity to obtain
both life sa�ety improvemen�s.
Histor,�r and Background:
In 1987, Lloyds Food Products occupied the building that was
�ormerly Pabst Meats. The volume of business necessitate a large
increase in the size of the building. At the same �Giine the amaunt
of a hazardous ma�erial, Anhydrous Ammonia, also increased.
Currently Lloyds Foods reparts a daily inventory af 10,400 pounds
af this toxic material, on the premises 365 days a year.
Anhydrous ammonia is toxic and can result in death in a short
period of time �,if prampt notification is not given. Currently no
automatic notif3:eation exists. This represen�s a serious life
safety problems �o the occupants of the building, for those who are
called to handle the hazardous material release, and, possibly, far
�hose who occupy bua,ldings adjacent to Lloyds Food�.
For the past aeveral years a recommendation has been made to
provide an early warning alarm system �.hat woul.d: {1} initiate an
evacuatian of the buildings rahen the ppm exceeds a certain level of
toxicity; (2) provide for prompt removal af the toxic material
�hrough ventilation while at the same time �hutting down fans that
might distribute the product throughou� the building: (3) provide
notifica�ion for au�.ama�ic emergency response.
�
Discussion-
It will cost Lloyds Foods approximately $44,Q00 dollars to
make repairs to the Fire Protection syatem and another $40,000 to
provide for an early warning emergency action system. Total cost to
Lloyds i� $80,000 if they accomplish bath projects. As mentsaned in
�he introdu�ctian, the fire codes do not require the alarm
protection at this �ime but while the problem is addressed in the
1994 fire cades the "grandfather" c].ause ma.y prevent the city £rom
requiring this update. It is my cancern that the alarm system will
not be installed unless the City can assist Lloyds through the use
af T.I.F. money,
Recommendation:
Because the po�ential for ].ife loss exist� whether i� be the
occupants of the bui�.ding or the responders, I respectfully request
�hat the Ci�y Cauncil of Mendota Heigh�.s consider �his reques�. to
assist Lloyds in defraying a portion of the cost of the $SO�Q00.00
fire protection package.
18 mon�hs aga, the City of Mendota Hea.ghts participa�ed in a
similar T.I. F. request for a number o� improvemenGs at Northland
Properties. These improvements included ins�alling a fire sprinkler
system and other building improvements such as dock repair,
pain�.ing, berm insta3la�ion, tree plan�ing, and black�.op repair.
Action Required•
If �he City Council wi�hed to implement staff recammenda�ion
it should authorize staff to prepare a T.I.F. agreement to as�ist
Lloyds Food Product, Inc. in this important community and life-
�af e�.y update .
CITY OF MENDOTA HEIGHTS
�� �
Apri130, 1996
TOt Mayor, City Council and Ci ''strator
FROM: James E. Daniels
Public Works Direc
SUBJECT: Ivy Falls Creek Outlot Acquisition
c
� DISCUSSION:
At the 7anuary 2, 1996 meeting, Council met with members of the Ivy Falls
Homeowners Association to discuss their request for transferring ownership of three outlots
from the Association to the City (see attached minutes and maps). As a result of that
discussion I was asked to review the existing City drainage easements over that area for aay
conflicts with the proposed deed. Attached are copies of the easement documents for Outlots
B and C, Lot A has no document because it is covered as a platted easement, also a clause has
been added to the deed that addresses easement status.
City Attorney Hart was asked to work with the Association's Attorney to incorporate
within the deed all the changes that were arrived at by Council at that meeting. Council's
changes have now been incorporated within the revised deed that is attached.
Mr. Ellis Abrahamson, 714 Maple Park Court, has been in contact with me over this
issue. He represents Ivy Falls Homeowners who oppose transferring these lots to the City. He
as asked me to keep him informed of when this issue is addressed by Council. I have sent him
a copy of this memo to serve as that notice.
ACTION REOUIRED•
Review the amended deed for acceptability and determine whether the City should
accept ownership of the Ivy Falls Creek area outlots. Should Council decide to accept
ownership, all that needs to be done is authorization for staff to file the attached deed with
Dakota County.
a
�
Page No. 2
January 2, 1996
e. Adoption of the model Drug and Alcohol Testing Policy, to be revised
were appropriate with the City of Mendota Heights inserted as
employer.
f. Authorization for final payment to Dr. Joha DuBois in the amount of
$1,480.29 for consulting engineering services in conjunction with the
Pentel litigation.
g. Approval of the appointment of Patrick Hollister as Administrative
Intern heginning on January 15, 1996 for a period of six months, at the
pay rate of $11.00 per hour.
h. Acknowledgment of the building activity report for December.
i. Approval of the issuance of cigarette licenses to Mendota Liquor,
Snyder Drug Store #42, S.O.S. Convenient Mart, Somerset Country
Club, Tempco Manufacturing and Twin Cities Stores, Inc./Oasis
Market.
j. Approval of the List of Licenses dated January 2, 1996 and attached
hereto.
k. Approval of the List of Claims dated January 2,1996 and totaling
$291,581.47. �
1. Acknowledgment of the unapproved minutes of the December 6, 1995
meeting and the approved minutes of the November 15, 1995 NDC-4
special meeting.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
IVY FALLS CREEK Council acknowledged a memo from Public Works Director Danielson
OUTLOTS regarding transfer of ownership of Outlots A, B, & C, Ivy Falls 2nd
Addition from the Ivy Falls Homeowners' Association to the city.
Councilmember Smith state that she would like to establish why this is a
unique situation, to accept a deed for primarily drainage purposes. She felt
that Council should be very specific as to why it would accept the deed in
this case. She stated that she understands that the city has a very large
easement over the Burrow farm and it is not clear the city would accept a
deed for that, and there are many other areas in the city where the city has
easements. She further stated that she would not like to set a precedent for
accepting land that has a primary purpose for clrainage reasons, but this
`
Page No. 3
January 2, 1996
", case is different because it is a dominant use and because it is owned. by a
consortiutn of home owners. She stated that individual home owners have
very little control over the use of the land in its present setting. She
pointed out that the wa.y the land is currently owned aad the way it has
progressed to a lazger use for drainage over the years makes it different.
She stated that in this particulaz case, she does not have a particulaz
objection to accepting the deed, but wants to make sure this is a unique
siivation and Council would not open itself to a bazrage of requests from
the owners of property over which drainage easements exist.
Mayor Mertensotto stated that one of the concerns Council has had was
that townhome residents might think that if the city owned the property it
would be patrolled and controlled on call by the Police Department, and
that the properiy could be somewhat of an at�ractive.nuisance. He further
stated that the problem the homeowners' association has is that they assess
the members annually about $10 for insurance and taxes, but the big
problem now is the liability insurance which will increase considerably
because of creek improvements. He explained that the Board wants to get
out from underneath the liability insurance. He pointed out that the city
would not take any more land than it needs and the association is saying it
is going to grant title to the city as part of the drainage system.
Councilmember Smith asked whether the city necessarily wants to accept
all of the outlots. "
Public Works Director Danielson responded tha.t all of them slope down to
the creek and the slopes aze very steep.
Councilmember Smith wanted to be sure that the city is not giving up
rights under the proposal, including rights within the city easements which
must be included in the deed and also she wanted to be sure that the city
reserves those easements under the quit claim deed.
City Attorney Hart stated that the deed can be subject to reservation of the
easements. He further stated that the language on use is extremely broad.
Mayor Mertensotto stated that the city does not want to put in trailways or
walkways.
Councilmember Krebsbach asked to what extent the Council should
consider precedent.
.,�;,. Mayor Mertensotto responded that lawsuits were just settled and defended
z;`�'���' ' in order to get the drainage project completed, and stated that he does not
see a problem with accepting the property.
�
Page No. 4
January 2, 1996
Councilmember Smith stated that the idea is that the city is agreeing in
good faith to the deed based on current conditions and information
available now, but if something came up that required Council to do
something that is prohibited but deemed prudent, Council would work
with the association to reach agreemen� She stated that if the city does
something without the consent of the association, the association would
have a choice to make. She further stated that the point is that she cannot
think of a situation that would be outside of what the city is agreeing to
but if, because the city would like to do something or deemed something
prudent, like putting up a fence, then the association would have the
choice of taking the property back or agreeing to what the city proposes to
do.
Council directed Public Works Director Danielson to review the deed and
existing easements to be sure the city is not giving up any easements.
Council further directed Attorney Hart-to contact the association's legal
counsel to rework the deed.
PEACE HOUSE Council acknowledged a memo from Interim Administrator
Batchelder regazding a request from Peace House that the city set aside
$10,000 in 1996 CDBG fuading to support the Peace House. Council also
acknowledged a letter and information regarding the Peace House from its
fouaders, Mr. & Mrs. Fraacis Shaw. Mr. & Mrs. Shaw were present for
the discussion.
Mr. Shaw stated that he is asking Council's support for the Peach House,
wluch is a facility pmposed to be constructed in Dakota County for men
and women suffering from AIDS. He reviewed the materials he ha.d
submitted and stated that the City of Burnsville has agreed to give
$30,000 from its CDBG funds to support the founding of Peace House.
He quoted from a letter from Lee Smith of the HRA, regarding
expenditures of CDBG funds for low and moderate income housing. He
explained that this is a one time request and that he will not come back to
ask for more money, but that he is asking the Dakota County communities
to respond with love.
Mayor Mertensotto stated that he can see why the Shaws aze asking for
CDBG funds rather that trying to solicit funding by asking for a levy. He
stated that Lee Smith possibly was not awaze that some cities have already
committed their funds like Mendota Heights has. He informed the Shaws
that the city has committed CDBG funds for five years to acquire
sufficient funding for land for a senior housing project of 40 units, and
over and above that, for an additiona125 units as a pilot program for
market rate rental units.
�; EA.S�'�t�ka+T'T A,G����N'� ' � , }
,�
�
TBI5 AGREFMENT, made this �� ciay of i993, hy and
between IYY FAI.�I�S HOMI<'.AWIYERS AS5UCIA.1'IO ; a Minnesata Corpo�ration, �arty
of the first part, and the CITY UF 11�7G1V�4�'A I�IGH'�'S, a unicipal cvrpo�ration
(hereinafter called the "Cit�+")
WI7C�I�SS�7��:
That the party of the fust part, in considera#ion of ONB DOL�LA.R AND OT�IER
GOOD AND VALUABLE CQNSIDBRA.TION to it in itartd paid by the City, the receipt af
which is her�Lby acknowledged, does hereby grant, c�uitclaim and conve� unto the City, i�ts
agents and assigns, the foflowing: .
A germanent drainage easement for maiatenance puipases inctading the right af ingress
and egress for the City and its agents, servant and contractors to enter upon the Easement
Property at all reasanable times to inspect, re�a`v, reconstnrct and maintair� the City's
drainage system, over, under and across the foXtawing described property:
C}uttot B, Ivy Falls 2nd Addition, Section X3, �'ownship 28 North, Range 23 West,
acxording to the recorded p1at, thereof, an fi�e and of x+e�ord in the o�ce of the
llakota Cou�nty Recvrder.
IN WTINESS '�VHI'•RTAF, the said �arties of the fiist part have caused this
.A►greament to be exec.vted as of the date and year fust a'bave written.
STATB OF MINNBSCiTAj
} s.s.
COUNfT3� t3F }
The foregaing instzvment was acknowledged before me this _� day of �f�e•,�►b�e,�,
1993, by�T�,t,» 8rr�..��,and �,�ris .�. ,�cc�Fe. , the President and Secnetary of the IVY
FALLS HOMI30VVNB�LS ASSQCIAZiOI�f;�� corporatipn under the laws af State of
htinnesata, an belialf of the carporation.
►i'r';�n:�f�r Gn. �., Thi,o,�._....�--� 1 V�-. �G/1 OR'_
1g,��L,... G�'`-�-.�
{`••..- rf �i� SLL��Cr
� My Co�nm�ission Pacpires Z! �A' ��
� . ��'::-+ !':;,s'itez, u� /rC't.�.t�-'
This utstrument was drafted by: � " M
oiAPtE F. MtARD
City of Mendata Heights ���' Mar�r eus��a..ncn,:�or�
Engineering.Department `�,.. M w�,�N� � � �s
I 101 Victoria Curve, Mendata Heights, MN SS � X 8 " "
EA.u�' ..�1'� ,A.G�IE�?.N'�
�S AGREE�I�ENT, made this �`�' day of �;�993, by and
between IVY FALLS HUMF.(JVYNERS ASSOCLA.T�ON, a innesota cosporation, party of
the first part, and the CT'TY 4F MENAtJTA, �E�GHTS, a municipal corporation
(hereinafter called the "City") �'..� r� �
VY'I7C�lI�SS�7CIi:
That the party of the fust part, in consideration of ONH. DOLLAR .AND t"�TT�ER
GtJOD AND VALUABLB CONSIDSRATION to it in hand paid by the City, the recei�t of
which is hemby acknowledged, does hsreby grant, quitclaim and convey unto the City, its
agents and assigns, the fallowimg:
A permanent drainage easement for maintenance �ucpases including the right of ingress
and eg�ss for the City and its agents, servant and contractors to enter upon the Easement
Pmperty at all reasonable times to inspact, rePau', ra;onstnuct and maintain the City's
drainage system, over, under and across the following described pmperty:
Outlot C, Ivy Falls 2nd Adciition, Section 13, Townstup 28 North, Range 23 West,
according to the recarded plat, thereof, on file and of reco� in the offic� of the
Dakota County R�cArder.
IN VYI7CNESS W�i�R]+IAF, the said parties of the first part have caused this
Agr�ment to be executed as of the date aind year fur�t abave written.
�
_ ./. � :___. �1 � :.
, j .r,
STATS 4F MII�IN�3SQTA�
) s,s.
COtTT�iT'Y OF )
f�ON��,Q.n � .
The foregoing instniment wa.s acknowledgecl before me this ���- day of ,
1993, by,76�► t,,8ras�a�ec, and �;,s ."�u.+� , the President and Secretary of the IVY
FAZSS H014�i4WN8RS ASSpCIATIO ,��dca corparation under the laws of State of
Minnesota, on behalf of. �he corporation.
`���.�
�^1-� �^�,2*. �'hTL`,!.�^..3 �11a,,,...,,,,,..,,,....�.�.. ` V'�' v�l �
;:� ir.�..� +
� ..._ r�- l��4� Notary Fublic
T_, G7/lr►"� ...� --- My Commission Sxpu,es Z/�/5'6
�.; :a - �`.z?�:�.. t.:aIzz'�1 c�,L 1��z,�,�.,�.�
This instrument was drdited by. �
City of Mendota Fleig%ts r ��Pt18UG-N�I�tESOTA
Engineering Department `� wasHur�� couar�r
I 1G11 Victoria Curve, Mendota I3eights, lV�t SS t 18 ��+� c«�. ��. �.,flsa
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aoera,�uxca�
O�}�,IM MQM}riir
delinquent taxw�a snd transfer
•r�dj C�rtiiicat� of Roal Estat�
u� () ti2:d { j nat requirtid•
tificat� af Real E�tat� Value
• , 19
� � D°�ty
8Tl1TE DlSED TIlX DI7E HEREONt S
�Date: , 1994
.�
� � �, � /�'' ;1� �..�
„o r �
(reeervad £or recording data)
ir02t YlILtJA8L3 COHSIDERl1TZON, iw _t`alis Rome Owner*'�jy;peacint�iQn. jnc. � a
non-nrotit_aorooration under Lbe laws ot Kinpeeota , Orauutor httr�by
corir�ys aad quit alxims to ��,y of xenAota xeiahts , a m�nici�l
cercoration nsui�r tht Yaxs o! xinnt�sota . Orantea, rtal pmgsrty ia
Dakota Con�itY. ![ina��cta, d�soribrrd �� iollow�:
Outlat !►8, Iry �'ails 1ldQition aeu! Outlot� E and C, Ivy L�ali� 2ad 7►dditioa ("Praperty"),
Graator is �aakiaq thi� conwyauia� ia eoAsiderat3on ot arantes�s n�� ot th! Prog�rty u
part of it� starm wat�r drainaq� sptt�m and asa� inaid�abal thar�to ittaludiaq. but s►ot
limil.tad to, ths �maint�aaucsr rs1�alrr �FrO�lAt �IId aOd��"�Qit10A O� s�tch syst�ee. Graat�e
lurthar aqrt��, ta th� �xt�rat r�asouably porribl�, to ke�p the abdr� Prop�rty ia itr aataral
stat� �rith aa structurss, oth�r tha�nelrain:y� aad xat�r coatra2 �aoiiiti�s, ta be caastruat�d
a�d located tMstiroa aad r�o n�c� �hall 1» �aad� aF th� Propertyr !or trail�„ ' rralkways or •
ped�striaa ar recs�satioaa2 us�.
2a th� rvsnt aay part ar all a! th� Prap�rtp i� �wr u�ed !or aay pur�os� oth�r thaa
!oz a stor� xater draixiaqe ayrt�m theu title to such part or n13 a! th� Prop�rty uo lonqer
b�inq w n��Q �hall riwrt to Grarttor. Graat� whaii, upon th� occurr�nc� o! aa �nnnt qi�inq
ri�t� ta this riQht af revezdon and at tb�s writtea raquast at Graator, dilissr to Craatar a
liaritrd warraaty d�sd to all or tiu►t part of,Propirrty �ubj*et to rrwriioa. .
ar,rats� aakaowl�dq�r thaE th� ProperEy abut� a avinber o! �irnqla txmi,ly zasideucss �tsd
th�e asre of tha Pswp�rty ior tzaila�• Na2kiaqr psd�stxiaa or r�aar�tational parpose� r�ould M
� dirruptiw �to th� ni� aad rajeym�nt oi tht adjoiala� resiQential,, prop�rty and aause a
dtmii►utioa or r�duction ia marktt vala� at thR �urroundin4 Prop�rtg. Grante� agrir�s that•
t3raator has ao adnquat� r�medy at lax ia th: ��at of a violatian a! aay aqraemsak hsrnander
aad that arantor aup brinq aa actiaa to wajoia aay violatiaa af th� t�s�ns h�reof.
tag:ther xith a12 h�reditsm�nt and appurt�aeusass beionging therato.
t7rautors a�rtifi thst 4raators da not ka� of aa= �ra22s on th� d�scribsd rsa2 grop�rtY.
IVY �'l1LI.B fiOt4! OWNSRB• 118SOC21►TIOH� IliC.
Bys
Ite:
STl1TE OL� HINNESOTl1 j .
j 88.
covrrsar oa }
Th� ioreqolag iaatrument was acknarledqad'bsfare me thfs day oi , 294t,
by ► th� oE 2rrv 1�a1TT�ome_ clwner�•.�.@w�ni.r�.,,._
Zna. , a- non-yrofit aoroc�raticn sutder th�t iam of • xinnaeota , on bahali of th�
�4�.�.�C�.411
1`BIB INSTRV!l�HT D�2SD BYt
2!l�VN fc BIMON� PLC (SGO)
2904 ltozsnsat Center
90 South Sevtnth 8treet
Hiaaeapolis, !�i SSd82
(612) 338-1113
a»�wu wnn �eux� tu
4iatj� P12 C
Ta�c &tat4ments far the zaal proporty de�cribed ia
this iaatrumant shonld ba a@nt to (Includ�
�*. .name +�nd addreu of Grant�e)r
Oity of Mendata Heiqhte
0
���
d�M� M d��r
No delinquent taxea and tranefar
aateredj Cortificat� of Roal EetatQ
valus ( ) filod ( ) not requirad
�rtificate of Raal $state Valua
� � 19
County ]►u tor
by
D�puty
BTATS DBED TAY DIIE HBREONt $
Dates 71pri1 , 1996
FOR {IALUABLB CONSIDERATION, Zw Falle H
non-crofit corooration undor 1
conv�y� and quit olaims to Citv of
corooration und�r th� l�ws o£
Dakota County, ltian��ota, d��cribad a�
a
PraP��Y
o�tlot ?i6, Ivy Falls Addition and Outlota B and C, Ivy 1�a110 2nd Addition ("Prop•rty" ).
Grantor is making this coavoyanco ia con�ideration of draate�'s u�a of the Prop�rty as
gart of it� storm wat�r drainago sy�t�m aod u�oa inaidantal thar�to includiag, but not
linit�d to, th� maintoaanc�, r.pair, improvam�nt aad awdification of �uch sy�t�sn. GrantN
agrws, to th� �xt�nt r�a�ouably pot�ibl�, to kaep thm abov� Prop�rty irt it■ natural stat�
with no etructur��, oth�r than drainaqs aad wat�r control faciliti�s, to b� coastruct�d and
locatad th�rQoa and no d•v�lopawnt .hall b� madQ on the Prop�rty for u�• thereof for trails,
walkwaya or padomtrima or r�crQational us�.
In thQ ovaat any part of th@ property is developed for any purpo�w othor than as a part
of Graateo'■ storm wator drainaqw syat�n, thnn titlo to all of tho proparty ohall revort to
Graator. araatco �hall, upon tha oaaurs�aca of an ovant qivlstq ri�� to thi� right of
rovor�ioa aad at th� writtan rwquast of Grantor, dolivor to Crantor a quit claim d�wd to all
-F tho proparty, subjoct to r�swrvation aad �avwuent• consi�t�nt with thoaa in wciotonca as
th� data horaof. Such quit alaim de�d shall conotitut� th� .ol� and �xclusivf remedy by
ntor in th� ov�nt of a d�fault.
togothQr with all herQditam�nt aad appurtenancsa bolonqinq th.roto.
araators c�rtift that cirantors do aot kaox o! anp xalls oa th� d�sarib�d r�al prop�rt7.
IVY F S 801� OWNERS' ]1830CIATION� INC.
Bys
L. Br a
Itss Preeident
BY= .,..,(���i �w_T_ Q� �
CuYtie J. B tB
Ites Vice Prosidont
STl1TE OF HINNESOTA • )
G' � ss.
COIINTY OF l�(���� )
The iorsqoiaq inatrument wae acknowl�dged bafore me thie /��'�'day of �, 1996,
by John L. 8raeeard, tha Preeident, and Curtie J. Bute, tho Yice Preeident of iw Fall• Sane
Owner`• Aeeociation. Inc., a_non-vrofit cornoration under the law� oi Minneeota ,
on behalf of the corooration
� DIANE F. WARO • '
IIOTARYPUBLFC-MINNES07A ,�Qj��� ������J
��� �ING� � � Not``�i-y Pu5 c
■ Tax Statement• for the raal pro�3erty deecribad in
thie in�trument ahould bo aent to (Includa
name and addros• oF Grantee):
TFiIS INSTRIIMENT DRAFTED BYt
MAUN & SIKON� PLC (BGO)
'10 Noswost Center City of Hendota 8aighte
, South seventh Streot 1101 Victoria Curve
.ineapolis, 1�4i 55402 Hendota Heights, Hinneeota
(612) 338-1113
4l02/a6.8G0.47342 1M
�»
CERTIFXCAZ'ION�
The undersigned, Pat Davies, Secr�:b�y of the Ivy Falls Homeowners' As,sociation, Inc.,
a Minnesota nonpmfit carporation ("Corporation") certifies as follows:
1. The Corpuration is the owner of the real pmperty describeci on the attached
Exhibit A, which pmperty is laiown as the "Comman Property"; and
2. That as required by the Bylaws of the Corporation, more tt�an two-thirds of the �
Members of the Corporation approved the transfer of the Gamman Pmperty to
the City of Mendota �Ieights {"City"); and _ _
3. That the Board of Dire�tors of the Corparation appmved the transfer af the
Common Property to the City and designated that the President and Vice
President be authorized to elcecnte and deliver a Quit C1aim De�cl and any other
documents necessary or desirable to effectuate the transfer of the Common
Property *o the City.
The undersigned further certifiies that the following persons have beert duly elect�ed to the
office set oppasite their name and that they hold said office as of the date hereaf
Jahn L. Brassard, President
Curtis J. Bute, Vice President
Pat Davis, Secretazy
Dated this �� day of May, 1996.
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Outlot A6, Ivy Falls Addition and Outlots B and C, Ivy Falls 2nd Addition.
5/06/96,8G0,51521 1M
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Apri124, 1996
TO: Mayor, Gity Council, and Interirn Ci Administrator ��
FROM. Patrick C. Hollister, Administrativ In� �
SUBJECT: Case No, 96-11: United Properties Application
for a Candinonal Use Permit for a PUD
Discnssion
Dale Grlowa of United Properties appeared before the Planning Commission on April 23,
1996 ta discuss his application for a Preliminary Plat and a Conditional Use Pernut for two
multi-tenant industrial bui.Idings buz�t an a"spec" basis at the corner ofEmerprise Drive
and Pi1ot Knob Road. The buildings would be known as "Enterprise Corpoxate Center."
The buiidings wc�uld be mostiy warehouse with each bui�ding containing about 20% affiice
space. Mr. Glowa plans to build the largear building fiarst, which would be 115,720 square
feet. (The secand buitding would be about 38,000 square feet.} The first building sits on
two platted lots. Mr. Glawa is seeking ta amend the existing PUI� to permit this
developmeni.
T}uring the Planning Cammission meeting, Mr. Glawa agreed ta make the adjustments
recommended in #2, #3, and #S on Page � of Planner Uban's report. Mr. Glowa did not
agree to # 1 and #4.
The Planning Commission discussed whether ar nat Mr. Glowa's applieatian should be
treated as a new PUD or an amendment ta the e�cisting PUD. The complexity of this
applicaiian arises partly from the fact that it invalves both land within the e}cisting PUD
and land not included in the existing FUD. (Land within the e�sting PUD cansists af
approximately the eastern two•thirds of the property.} A hearing was advertised for a
Conditianal Use Pernut and Subdivision for a PUD applicatian. Commissioner Friel felt
that the applicatian shauld be a two-step process invalving the submission of a"Cancept
Plan" in the first step. Lynn Rabuse, substituting for John Llban, responded that the
applicant had already submitted all the informatian which would have been included in a
"Concept Plan", and therefore the Planning Commission could pxoceed withaut a Concept
Pian.
During the discussion, the Planning Commission took a shart recess and asked Staf�to
make copies of the e�sting PUD in order to verify that the applicant would not violate any
ofthe ea�isting conditions. The Planning Commission then examined the existing PLTD and
discavered that there were no existing conditions. {Please see the attached e�sting PUD
�
materials.} The Pianning Commissian also asked Staffto verify that both the new
develapment and the existing lot to the sauth would meet the City's imperviaus surface
requirements. Accarding ta aur ordinance, 25% af any development must be open space.
Staff has since received the fallowing inf'ormation fram Sunde, the engineering firm
retained by United Properties.
Parcei s Lots 1& 2 Lot 3
Acres Fercent Acres Percent
Im ervious 8.32 68% 3.56 75.1%
4 en 3.$9 32°l0 1.18 24.9%
Total 12.21 lOQ% 4.74 100%
Lots 1& 2 would contain the new Enterprise Corporate Centre and Lat 3 cantains the
e�sting Southridge building to the sauth. The above informatian would be true after the
narth lat line ofthe Southridge parcel is adjusted to transfer 14,017 square feet (0.3 acres)
from the south Iot to the north lots.
Recommendation
The Planning Commission voted 5-2 {Friet and Tilsen opposed} to recornmend that the
Council grant United Properties a Conditional Use Permit for a PUD, a
SubdivisionlPrelimznary Plat, and variances for both a 20-foot setback for a monument
sign and a shared driveway as propased subject to the following conditions:
1. that the Landscape Plan and Grading P1ans show the praposed berming along
Enterprise Drive
2. that the Grading Plan and Site Plans clearly shaw parking at ihe 20-faot setback
3. that the ptat be revised to accammadate more room for the Phase 4ne laading atong
the south edge
4. that the Council and Staff determine that this proposal complies with the conditions of
the previous PUD, especially in regards to imperviaus surface coverage (see
infarmation above), and
5, that the Cauncil send the applicant back to the Planning Commissian if they determine
that condition t4} is not met.
Cauncii Action Required
If the Cauncii wishes to accept the Planning Commission's recommendations, it shouid
pass the attached Resolution, adding to or altering the condifiions if necessary.
a
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, NIINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING A PUD FOR ENTERPRTSE CORPURATE CENTRE
WHEREAS, United Properties has proposed a Prelintinary Plat, a Conditional Use Permit, and
Variances for a new PUD £or a warehouseloffice facility on land which 2ies partly within and
partly autside of an existing PUD; and
WHEREAS, said lacld consists of Lots 1, 2 and 3, Block 1, Southridge Business Center, togethear
with Sauth 5 i8.60 fe�t af North 884 feet af I�CW I14 of SW II4 a£ 3�-2$-23 �ying West of West
line of Block 1, Southridge Business Center; and
WHEREAS, snch a Planned Unit Development will consist of two phases:
1, a building of appro�cimately l. ].5,720 square feet on 7.'72 acres
2. a building of approxima.tely 38,4Q0 square feet an 4.61 acres, including a retention pond; and
WHEREAS, the proposed construction is to be on 12.33 acres af laad; and
W.�REAS, The City Council :has determined that such a use is appropriate for this site and
would be a good addition ta the City's industrial park; and
W�iEREAS, the City Couuncii has further detem�ined that the proposal dces not conflict with any
conditions imposed upon the exist�ag PUD,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights
on this 1th day of May, 1996 that a Preliminary Plat, a CUP for WarehouseJaffice use, a setback
variance af 20 feet for a manument sign and a variance for a shared driveway be granted to United
Properties in the form of a new Planned Unit Develapment under the foliowing ccynditions:
2. thai the Landscape and Grading iuclude #he proposed bern�ing aiang Enterprise Drive
2. that all parking conform to the 20-foot front yard setback
3. that the plat be revised to accommodate aclequate raom for the Phase One loading alang the
south edge
BE IT FURTHER RESOLVED that the City Council authorize Staffto issue the appropriate
buiiding permit(s}.
Adopted by the City Council of the City of Mendota Heights this 7#h day of May, 1996.
SIGN:
ATTEST:
Charles E. Mertensotto, Mayor Kathleen M. Swanson, City C1erk
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION N0. 85- 3 2
RESOLUTION APPROVING UNITED PROPERTIES
PLANNED UNIT DEVFI�OPMENT AND PRII.IMINARY PLAT
. ,. �
WHEREAS, United Properties has applied for a Conditional Use Permit to
construct a Planned Unit Development consisting of office and warehouse
space on Lots 1, 2, 4 and 5, and that part of Lot 7, lyi.ng east of the west
116.9 feet; all in Block 2, Mendota Heights Industrial Park; and that part
of the South 518.6 feet of the north 884 feet of the west 420 feet of the
N1/4 of the S1/4 of Section 34, Township 28 North, Range 23 West, lying
easterly of the northerly extension of the east line of the west 116.9 feet
of sai.d Lot 7; and
WHEREAS, such Planned Unit Development will consist of approximately
4 154,000 square feet of area enclosed within three structures and staged over
three phases of construction; and
WHEREAS, the proposed construction is to be on 13 acres of land.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota
Heights that the Conditional Use Permit for the United Properties Planned
Uni.t Develop�ent and Preli.minary Plat be approved. �
Adopted by the City Council of the City of Mendota Heights this 7th day of
May, 1985.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By ��,�O�r�h.c--.���. �h'�u-o�
Robert G. Lockwood, Mayor
ATTFST:
�Ci.�� � I
thleen M. Swanson, City Clerk
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PLANNING RBPORT
DATE :,
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PLANNING CONSIDBRATIONS:
23 April 1g85
85-07
United Properties
North of Mendota Heigh�s
Road, Southwesterly of
Transport Drive
Approval of Conditional
Use Permit for Planned
Unit Development
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1. As you know, the City has previausly approved �wo planned
unit development projeets south oP the development proposal
now under eonsideratfon. The first. project has been�
,completed and was rented quickly, and therePore United
Properties praposed the seeond, now under eanstruQtfon. 2hey�
now propose a'third.projea� consisting oP three struetures:�to
be loeated between -the�Conserv.building and the Big Wheel
building north:oP Mendota-,Heights Road.
2. The projeet will eonsist .oF a tota3 of I54,000 square Pootage
to be develaped:`as.°.one��tory offiee/service buildi.ngs similar
to the two previous�..projeets appraved. Beeause of their
suceess �of attraeting extensive office .use in tihe t�ro
previous projeets; this.development is planned to aeeommodate
Pive parking spaces per 1,000 square feet gross of the entire
strueture whieh would��allow for the possi.ble, ultimate i00
percent use of the�-bu��ldings for ofPiee purpo�es. This
coneept results'�. i�n �� h�igher value and higher quali�y, �' and
u3timatelq provides a�-stronger tax base for the City (and far
the eommunities'�`'sharing,w�in�:` the fiseal ciispari�ies dispersion
of tax benefits?�:��-.:� -�=�:;.•-::... �_� .
3. As in the two prevfous ��gr.o,�ects, the serviee areas provided
to the str_uctur.es 4rient�� to the interior oE' the site, an
attractive . design �:feature.:'. whieh was utilized� in the two �
previous planned unit��developments as well.
�. The staff has���tnet� :w.ith 'the�:app3.ieanis and earePully reviewed
the site plan�;^� ��biiilding��>':plans, and ].andsea�pe plans. �The
plans �appear well'�� done',';. and � in � the apinion oP � the staff, are
apprapriate ,�and �`:,w..�� in �� :>.:�eonformanee with development
requirements. � ... • �_ � �
5. At �he southwest,..:���corner. ��of the site, a portion of the
property is owried and oeeupied��by the City oP� Mendota
. Hei�hts. This parcel me��ures 80 feet by 5q. fe�t and is
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CASE NUMBER: 85-07
APPLICANT: United Properties
Page 2
oceupied by a very important sanitary sewage lift station,
which we are told cost �130,000 twenty years ago. The
building is above a shaf� which provides aecess to the sewage
system. This shaft is some 20 to 30 feet deep, and thus the
movement of this building would be very costly. The
structure contains an •emergency generator�to provide power
for the lift station in the event of power loss. We had
discussed with the developers the possibility of
ineorporating this faeility.in the building, though it now
appears this will be uneconomic to accomplish.
6. We suggest, however, that the applicants consider working
with the City to move the driveway aecess to the building
from the frontage street (Mendota Heights Road) to the
driveway. Thus, a berm and landscaping could be developed
_ between the building and the street, minimizing the visual
impact of the strueture upon the total development. An
easement could be provided over the driveway so as to allow
City vehicles access to the front of the building where there
would have to be an asphalt pad oriented towards the openings
on the south side of t•he structure. The Planning Commission
and Couneil may wish to discuss this with the applicant, and
include sueh provisions as a part of the development approval
process. Subsequent detailing of sueh ehanges could be left
for staff approval if the Planning Commission and Couneil so
desire.
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INO011�f�T[D
caHsvcrtrre scAuxsns
LANDtCAtEAACH[TECTl
30G FIRST AYEKVE HORTH
$UITE21p
HIPtA:EA?OLIs,7[PtSi481
�12•S3f+3300
BACKGROUND . . . . . . .
aA� : . . . . . . . . . . . . . . . . . . . . . . . . . . . . ���,1996
CAs� No : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �-�i
APPUCA[VT : . . . . . . . . . . . . . . . . . . . . . . . . . Datc Giowa
OWNER : . . . . . . . . . . . . . . . . . . . . . . . . [fnrt�od Pm�ettics
LOCATiON; , . . . . . . . SouByeast Qu�rdnt Pilot Kn�ob Ruad
and Ea#exprise Drive
RE6�UEST : . . . . . . . . . . . . . Con+ditionst Usa Permit f,ot PUD
. . a�nd Sabdivision Appmvat
PREPARED 8Y: . . . . . . . . . . . . . . . . . . . . . . C. John t36an
Untied Pmperties is proposing to build two mult%tenant
ofiice/warehouse buildings on a spaxxlatian basis at the carner of
Eute,�prise Llrive anYd Pitat Kn4b Road. The projoct is called
&�ise Cor��oraate Ceata The cambiu�ed Fm�t.Y is 12.21 �nes
in sizc An�tt inclu�es tt storm po�d buitt for ar�a draina;go in the
southwest c� adjaceat ta Filat Knab Raad
The properiy %as a previouslY nPProved Pt1D on ttue easttrn twa
thirds of tlbe pmpaty. This was approved in 1985 far
af�ic.elsh�wroa�n type dcvetapm�i. The applicant is addi�ng ta tt�e
ps�vious PUD the n,arthw� pa�rccl to create a new plaa with two
phases af devetapment.
17� appli�noffers auwghd� towarranx aa aa�ndmrnt ta thc
previous PI3D and aLso caiarges the area cover�ed by a PUD. Ths
City's new PUD Qrdinana now controls the nyview and approval of
this deveiapm�nt.
The applicaut �as submitted a vexy camptete set af ptaas and
narrativc descriptian x�,wiewing 1� elem�nts of the-Ordinancc aad
CASE No. 96-11
APRIL 23, 1996, PAGE 2
...................
PUD .............
IMPERVIOUS SURFACE . .
complian� with the City criteria. City staff has mailed notices of a
public hearing which is required for this �pplicatian.
The previous PUD pmposed offioe/shAwroo�n use far the Properl�'
with single story bcicic and glass buildings. Thc old PUD
cantanplatod poteutial for full offioo use on the site with parking at
S stalls pa 1,040 square foet, The pmposod PUD sl�ows 20 percxat
offi�e wi� the re�naiuder being wat+ehouse. This t+equires less parking
overall but must a000mmodate the additianal tiucic traffic that
v�rarehousing geuaates.
The proposed PUD plaa �Iso has a singie sta�y bw'lding which is
tat�a� d�an a piu�e offux or officxlshowroom stiud�u�e. The height c,f
the building is appnndmately 28 f,od which givas wough clearance
for warehausipg and could a000znmodate � mez•r.anina offi�oe level
within dre sbn�. Tbis is not proposod by t6e. applicant and
Parking is not beiag proposed to ac�commodate a mezzanine.
The pmpaiy is zan�od Lzdustrial and the basidc lan�d use is not
proposed to changa The aew PUD Ordinance allows indusGrial
PUDs with pamitted uses tlunugh a Conditional Use pmoess. The
Ordinaua limits impavious surf�oes to 70 par�eat of dtie pmjxt
area. This has beeu measured and calculated by the applicant to be
68 percent, how�cva in the past, Pommds wrre not includod in those
n�eas�u� ofopeaspaoe. Sed�on?2.1(c) eic�cdudes w�lan�ds from
that measuraneat and a similar calCulatio� is da�e for Tn�dustrial
dev�d�mmt ia Soc,ti�oa 4.17(S� which onty incl�des lan�dscaped �c+eas
and doe.s n�ot iwclude ponds.
Tn the pasrt, the City has not iacluded required Ponding or wetlands as
part of t� apen spaoe calc,ulation Amenity pon�ds that are
n�onfuncbiaaal and dtcorative with fauntains could be c�oosidered as
part of the open spaoe calculation. Our m�easurc�n:ents show that the
water surfaoe of the reteution pond site is approximately .4 of an acre.
In ra;alculating the impervious surface as a pem,entage of the tatal
area subtracting aut the pond, we finid that it is exactly 70 percent
Thus, th� developmart even when extracting the pond from the
calculation meets th�e requirement of the Ordinance.
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CASE No. 96-11
APR�(. 23. 1996, PAGE 3
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PEDESTRIAN CIRCULATION.
An additiQnal requir�t in the PUD sedian is that a campus setting
be created spacifically with pedestrian circulation betvvaa buildings.
Ce�ta�n1Y, iJnitsd Pt�p�ties has boea oompleting a camPus setting for
all of their indusiiial and officc buildings. However, this particular
plan does nar a��oom�odatcped�nmovm�eats beiw�oea buildings.
Z�ere are n,o sidevvalks p�+nposed otha tbaa a waI{c di�ctty bawoea
parldngand t�e individaal front doas. By moving the bu�ding to the
south app"mximatety six fe� a froat sidcwalk could be
acxa�wdated and extended to oo�usa� to a fubu�c seco�d building.
Also, a waijc ac tra� bdw�oen thc buildings aad nact to dze poad
oo�ing to thc t�ra� along P�ot Knob Road mtid tfl otba buildings
to the south cbuld ba�fit tbis plan.
PUD FI.DQBIuiY The applicant is requ�ing fl�ility within �t�c PVD to
aaoon�modate a 20 foot fmntyard sign set�acic snd a zan s�c for
sharod driveways. Drivewa3's t3'Pk'�Y �1� a tar Eoot sdback
from the propaty line and t�e signs typically requine a 40 f�oot
� setback Shared driveways and the 20 f�oot sign setback are typicai
design dan�eats usod by United Prapa�ies througt�ou�t the busin�css
park and ane oompat�bl� wrth the design a�this acr,a. G�Ss eas�ents
and maint,araaa covenants are pmposal far both lots.
SIGNS Tl�ne signs are proposed, two alang Eat�cpris� Dcive at the east and
west entrance points to the developme,nt and one along Pilot Knob
Road adjacent to a proposed driveway artran�ce to the sacan�d phase.
The �gns an ag�+oximatety four fat in height with abart 20 square
feet pa siga fax. No other signage is proposod oa the site a oa the
bu�ding f�as. If additional bu�ding sigaage is contemplatod by the
applicant, details of that signage should be inoarporated into tu,e
PUD.
BUILDING DESIGN The building is proposed to be built out of fab-con oona�ete panels
with paintod horizoatal bands a«xatod by eatrAaoes whanood by
jumbo brick and architectural concx�ete block, The frant of the
building has sevea individual eatrances with windows alang t�e front
side. The near of tl�e building has individual loading d�ocks nnd
service doors. Tl�e design and material selection is typical of oth�r
buildings in the industrial park
F�cdosed trash rooepta�lGs a� shown on the rear of thc building. The
building is locat�d widi the offioe portion facing Eaterprise Drive and
d�e loading fa�ing the inte�ioc of the site out of vie��c from the general
CASE No. 96-11
APRIL 23, 1996. PAGE 4
...................
public. The second phase building faces Pilot Knob Road with
loading to tl�e east facing thc first phase building. These two
buildiags shane a comman drive so thc loading activity of the phase
two building is mnre visible to the public. We would suggest a
nwiew of the design of the secon:d phase building and loading dock
area to better scx+an that activity.
SETBACKS The building mocts the requircd 40 foot fiont yard setbacl� 30 foot
sideyard setback and 50 foot rear yard setback The building
plaxmeat has fladbility to adjust to accommodate sidewallcs if
requined by the City.
Parl�ng set�adc� are met with ZO feet a�apen spaa to screeu parking
in ti�e finnt al�g Eataprise Drive and Pilet Knab Rnad and 10 foot
side and rear yard setbacks. The loadiag uras far the fust phase
building faa the intaia ac+ea of the industiial park and are well
scroaLod. The sa;oad phase building has no setback a scx�oeuing
from the loading area to the shared driveovay for the first phase
building.
Bctw�oea ti�e differart Site Plan drawings tlu�c is som�e c�onfusian as
to the Gxact locatiai of paddng an�d its sdback along Eatecprise
Driv�e. The Grading and Ut�ity Plans do not match the other plans as
to mceting the 20 foot setback The applicant has n�ot requcsted a
variance fi+om the requirod 20 foot s�back and the plans should be
drawn to co�nply with that setback.
PARf4NG The Site Plan shows required parldng based an 20 percent of the
bu�dingbang affioe and the �st bang� watrhouse wl�ich requires oae
P�g � Pa 2,000 squane fak Ovaall 163 stalls u+e requined
aad 174 u+e shrnvn including suc handicap stalls. On�oe again, the
plans should be drawn to camply with the 20 foat frant yard setback.
Therc is amplc roam on this site to mat this requirem�art and that
would be oonsisteut with t�e rest of the developmeat in the area. The
20 fcet is aceded to accommodate the proposed beiming and
landscaping.
TRAFFIC CIRCULATION The proposed development will generate approximately 1,200
vehicailac tiips pa' day. The calailation is basod on 19 trips per 1,000
square feet for office and five trips per 1,Q00 square feet of
warehouse. The site is serviced by indusbriai roads an,d Pilot Knob
Road which are designed to accommodate this level of braffic within
the indusbrial park.
d
CAs� No. 96-11
APRtL 23, 199b. PAGE 5
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�1G f1ISt j?�18SC �?llllC�lri�' ila.S �lTOC �2'8l1CC p0321#.S OA�O �IlSO
Drive anct the seoond buiiding shares the wcstern access anto
Eit�cxpris� Diive with the phase a�n�e biulding: The phase two building
alsa has a driveway aut onto Pi1ot Knob R,oad just narth of the
retention pond. . It is locat.�d appxoximately 300 feet froam the
intcrsectian of E�rise Drivc. It wauld have been better to have
shared a siqgle driveway onta Pilot Kiwb Rnaci #o minimize access
gaiut�s, but #i�e x�tcntio� po�d oliminatcs tbat oPPariamity to sharc
access with the development to the south. This acoess will be
restric�ed io rigiit intr%�ht-out anty.
Tis� �arcd a�c�cess bet.waa buiL�ng c�ae aad b���ing Lwra t�eads to
blend intt► the laading area of building two. A sa�ening island
separatiag the �s:xss cl�ivewuy fraan the buitding tv4�a ��ading nrea
woutd bdt�r def ne �ar and provide neoe.ssary scxeeain,g to the
loading arca. Sin�ce thc phase two buitdiag is �wt grapased at tlsis
time and witi go tt�ugh �n additioaal t+eview by thc City, w�e suggest
that thesc concerns be addr�ssed and r�,wi�red again when that
beu'Iding is brought to th� Cifiy by United Properties.
The kmdin� aad vrtua�iar t�rcuTatiai around thc rcar of buiiding aae
are soa�+�iat impaired by tbe accawmoc�ation of th� expanded
p�ag�eafat#seb�u't�ding#o the soutb. The SfluthRidge Business
Center ta t�e santh was built across a pmpeity lin�e wluch is now
being catt�ccted in th�s proposcd piat. Tlu Site Plan slh�rvvs a fitd�u+�
exta�sion of the South Ridge building parking inta the loading area
of th�e prapo.sed Ea�Prise C,orporate Cea#et: Zius cann�ction is not
need�d at this point and would camplicate thc circulation ia tl�c back
af the fust phasc b�iil�iin� ��Ciwever, th�r+c �ppears to be roam #a
�.t� ��Y line for thc South Ridgc Busincss Canta parking
lot to x�snvve ti�at partion af d� siie that ��cteads into the ioading area
of buildin;g one. Sincx this is all being replatted at this timc, this
adjus�t c�outd be msde untess 5w�th Ridg� Business Center has a
pree�cisting Iegat right to that land
LANDSCAPE PLAN The Lan�ds�cape P1an shaws a c�nplete treatment of the phase one site
for iaz�3scaping around the building and the lot periineter. Evergreens
are used along tI� soutb. edge to screeu. paiiang area,s from the laading
area of building ane. Tlais same sort of separatian should eventusliy
ta%e place to screen the Iaading area of buiiding two. Overstory and
evergreen trees are shawn between the parking lot and Eat�xprise
Drive, hawever, no shcubs are shown ia this area. To e�hance
screening some shrubs�could be placed in the larger apen areas
betwcen shade trees.
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CasE No. 96-11
APRII. 23. 1996, PAGE 6
...................
COVENANTS AND
No irrigation is noted on the plan and this is required for industrial
developmenk No landscaping is proposed around the pand which
could use sanc nadaaliz,ed plantings to betta intograte it acsthetically
into the area.
The Landscape Plan, in order to screen parking as required by the
Zoning OrdinanRx, must have a thrx to four foot lugh bam alang
with it. TLe bam is indicated an thz Laadscape Plan as being sllown
on thc Grading Plan and whea viewing the Grading Plan it do�s not
show th� be�m but says see the Landscape Plan. One of these plans
should show the details of the berm grading so that it is built
aPP�P�Y to acx�mmodate t�e landscaping and fully screai tha
P�•
Par�dng islands and prajedions into the parking lot comprise
apprmdmatcly 5,550 squarc fect. T6is satis5es the requi�t of
five pa�cait landscapod aneas within parldng lots.
A stand af ads6ng spruce and box elder trees are found just north of
the pon�d along Pilot Knab Road. The proposed plaa dces not show
the pnsavatian of a�► of these troes. This is all in the second phase
PI'oJa;t whicli has not bcen finalizad yet. The fiiture Site Plan should
adcl�ss the pmsavatioa of soa�c of thesc troes to keep dLe landscape
ma�e vati�ad. United Properlies has d�one this on othEx projed�s within
the ana and I mn sunc that thcy wauld ac�commodatc the presa�vation
of soule of ti�e �ees whea they present the second phase to the City.
The applicant has included copies of their detailed covenants and
EASEMENTS cross easanarts for parldng to bc nwiewed by thc City attamc,y.
Final �viaw of these doaunents will accompaay the finai plat. These
documents are typical of covenants and easements used on other
United Properties developments.
PRELIMINARY PtAT . . . . .
The applicant is proposing a Preliminary Plat which creates two lots
out of the existing three lots in the azea. Also, this replat
accommodates adding additional land to the South Ridge Business
Cent� which adjoins the plat on the south. The actual dimensions
and shape of that accommodation could be adjusted to muumize the
odd c�figuration of the loading area behind the phase one building.
UTILITIES AND GRADING The applicant has submitted Grading and Utility Plans wluch need to
be adjusted to show the correct location of the parlang lot with its 20
i .
f
CAs� No. 96-I 1
APRlL 23 j 199f , PAGE 7
...................
faot setback including details of the screening bersn. Dc�ainage,
grading and atility mattexs will be rcviewed by the City engine�ring
depar6ment prior ta building permit and final plat.
A�T�aN ....,....,.
- R,eview ti�e pnoposed Planuad Unit I?�evebpm�nt and Fr�iiminary Piai
an� makc a t�cttmaua�datit�. to tiu City Councii speafica2ly t�iing
the sharerl drivevvay aud sign seiback fleln'bitiiy reque$te� by th�
applicant�
� CtJNStDERATit)NS . . . . .
I. Adjust buiicctiang Ic�catian far pod�rian con�tic�s b�
phasc anc a�d pbasc twa and conna�in,g to the trait on Pilot
KnAb Raad. �
2 Thc Lsudscapc und C�radiag Plans si�td show thc ProP��
bea�ming atong Eaterprise Drive.
3. Thc Cirading Plan aad Site Plans shauld c�e,ariY shaw p�dang at
the 20 foot setback.
4. Thc phasc iwo plan should acxammodate appropriate scretaing
af t�e loading area msd separation o€ loading area and the sliared
. drivevvay.
5. R�,wise the plat to accommodate more room for the phase ane
Ioading along th.e sputh edge.
�
�IT� �F ��ND�TA HEI�HTS �
�►:�
�ase l�Ta. ��-11 � ��
NORTH
xua r-soo� ;�3►�' ••�•,
�
��
� � � � l�y' Q�
,,�,,, ,, 1��endota Height�
� APPLICATION FOR CONSIDERATION
OF
PLANNING R:EQUEST
�Na. a�- � � �
`. Date of App� �'� �i�� 9 �'`�
L�ll�! i� ��P-�� �J Fee Paid�
Applicant Name:
Addre�:
� t)wn+�rNamot
t�±)
�Number & Str�t)
�
�� �
:i�rst) t�`�3
tp.
�H: o ta�
�,�tJ S -3
(State} (Tp)
�
aaa�: Sawc.e
(Nt�b�r & St�c� • t�5►) ts�) t�F)
StrxLLUCatiOn Of PanOpClty ia Q�TestiOA: S� ' l't��' l�.rlo �� ✓� S.¢..
Y!� •
I.egat D�scription of Prnperty:
Type of Requcst:
Rezoniag
Condidanai Use Permit
�— Condifianal Use Pem�t for P.0 D. �jQQ
Plaa Agproval
Comprehensi�►e Piaa Amend�ne�t
�Variance
Subdivision Approval :��
Weilaads Permit
thher (attach explanati�)
Applicabl� C;ity Ordinancx Number Section
Pns�nt Zoa�ingc�fPmport3r Pre,sont Use • .
Propo�ed Zoning af Property : Pt�aposed Usc
I hereby de�tare that alt stat:ements made in this request
materia� a� true . �
• ,u•
,_ f� � � i l �
:.- -. ,
11Q1 Victaria Curve • 1Viendota Heights,lViN • 55118 452• 1850
�
�
CITY OF MENDOTA HEtGNTS
NOTICE �'}F NEARlNG
April 2, 1996
TO WHOM IT MAY CONCERN:
NOTtCE is hereby given that the Ptanning Commission af Mendota Neights
wiil meet at 7:30 o'clock P.M., or as soon as possible thereafter, on Tuesday,
Aprit 23, 199fi, in the City Hall CounciE Chambers, 11 {}'i Vic#otia Curve, Mendota
Heights, Minnesota, to consider an application frorn United Properties for a
SubdivisioniPre[iminary Plat and Conditional Use Permit for Planned Unit
Development which would allow for the construction af a warehouse type two
buiiding complex on the #ollawing described property:
Lots '1, 2 and 3, Btock "t , Southridge Business Center, together with South
518.60 feet of Narth 884 feet of NW 1!4 of SW '1!4 of 342$-23 lying West
of West tine of 6fiock 'i, Southridge Business Center.
More particulariy this property is located in the southeast quadrant of the
intecsection of Pilot Knob Road and Enterprise Drive.
This notice is pursuant to City of Mendota Heights Subdivision Qrdinance
No. 301 and Zoning Ordinance No. 401. Such persons as desire to be heard with
reference to the praposed SubdivisionlPretiminary P[at and Condi�ional Use Perm�t
for Planned Unit Development will be heard at this meeting,
Kathleen M. Swanson
City Gterk
Auxiliary aids �for disabled persa�s are availa6ie upon request at least '124
hours in advance. If a notice of less than 120 hours is received, the City of
Mendota Heights wili make every attempt to provide the a�ds, however, #his
may not be possible on short notice. Please contact City Administration at
452-1850.
d
C ity a�
.,►.�. .,► .1�iendata Heig,li�s
i i �{
April I0, 199�
Dale G1owa
United Praperties
3500 W. 84th Street
Bloomington, Miv 55431
Mr. Glowa:
�t
The City af Mendota Heights deatexmined your application for a Coaditional Use Pennit
far a P_U.D. and a Pireliminary Plat to be complete as of Apr� 2,1996. Therefare the b0-
day review period for ywu application commeac�ed on Apri12,199G, aad will expire an
June 1,1996. Your apglication will be +consider�ct by the Planning Commission at their
next regularly schedul�d me+�ing an TuesdaY, APri123, 1996, The Planning Cammission
mee�ing starts at 7:30 pm. at City F[all in ihe Cauncil Ch,ambers. ,
Ti�aak Yau.
r� .
C�
Patrick C. Haliister
Adm%nistrative Intern
1101 Victaria Curve • 1Vlendota Heights, 1VL1�T • 5511$ 452 • 1850
City of Mendota Heights
Preliminary Plat Checklist
Date: '-f z 9 �
APplicant: �:.�.��P .��s
Case No:
✓ 1. Fee: $ 335. = �
- Ev�c.�� ✓� s c.. �,eY�. �c,�,rc.
✓ 2. Letter of Intent. tf c�.� � c�l-; ��.
✓ 3. Abstract Listing of owners located within 350 feet of properry.
Contents. The Preliminary Plat shall conta.in the following infoimation:
✓ a. Proposed na.me of subdivision; names shall not duplicate or too closely resemble
names of e�cisting subdivisions. �
�� b. Location of boundary lines in relation to a known section, quarter section or
quarter-quarter section lines comprising a legal description of the property.
✓ c. Names and addresses of the developer and the designer making the plat.
✓ d. Scale of plat, not less than one (1) inch to one hundred (l0U) feet.
� e. Date and northpoint.
E�cisting Conditions:
✓ a. Boundary line of proposed subdivision, clearly indicated and to a close degree of
accuracy.
� b. Existing zoning classifications for land within and abutting the subdivision.
✓ c. A general statement on the approximate acrea.ge and dimensions of the lots.
✓ d. Loca.tion, right-of-way width, and names of existing or platted streets, or other
public ways, parks, and other public lands, permanent buildings and structures,
easements and section and corporate lines within the plan and to a distance on
hundred fifty (150) feet beyond shall also be indica.ted.
✓ e. Boundary lines of adjoining unsubdivided or subdivided land, within one hundred
fifty (150) feet, identified by name and ownership, including all contiguous land
owned or controlled by the subdivider.
� f. Topographic data, including contours at vertical intervals of not more than two (2)
feet. Water courses, marshes, rock outcrops, power transmission lines, and other
significant features shall also be shovcm. U.S.G.S. data shall be used for all
topographic mapping where feasible.
✓ g. An accurate soil survey of the subdivision prepared by a qualified person. 1�0�- avk;�Gbf�.
�C i �q �Nc � ! � � 8 rai,<,w �-�f-el-�c .
_J
Praposed Design Features:
.� a. Layout of propased streets showing the right-af-way widths, center-Iine gradients,
typical cross sectians, and praposed names of streets. The name of any street
heretofore used in the county or its environs shatl not be used unless the propased
street is a logical extension of an already named street, in which event the same
name shall be used. Street names shall conform ta the master sireet name and
numbering system as adopted. .
� b. Locations and widths of propased alleys and pedestrian ways.
✓ c. Layout, nu�bers and preliminary dimensians of lots and blocks.
✓ d. N�iniinum front and side street building setback lines.
� e. When lots are located on a curve, the width of the lot at the building setback line,
✓£ Areas, other than streets, alleys, pedestrian ways and utility easements, intended to
be dedicated or reserved £or public use, including the size of such area or areas in
acres.
✓ g. Size of individual lot areas noted in square footage.
Other Information:
a. Statement of the proposed use of lots stating types of residentiat buildings with
number ar proposed dwelling units and type of business or industry, so as to reveal
the effect af the develogment on traffic, fire hazards, and congestion of population. ��
✓ b. Provision far surface water disposal, drainage, and flood cc�ntrol.
J c. If any zaning changes are contempla�ed, the propose� zoning plan for the areas.
� d. Where the subdivider owns property adjacent to ihat which is being proposed for
the subdivision, the Planning Conunission shall require that the subdivider submit a
. sketch plan of the remainder of the property so as tQ show the possible
relationships between the propased subdivision and the future subdivisian. In any
event, all subdivisions shatl be shown to retate wetl with existing or potendal
adjacent subdivisions.
�e.
�1A
✓f.
Where structures are to be placed on large lofis (over 30,000 square feet), the
preliminary plat sha.li indicate placement af structures so that tots may be further
subdivided.
Potential resubdivisian and use af excessively deep (over 200 feet) lots shall be
shawn and the preiiminary plat shali indicate piacement of stnzctures so that tots
may be further subdivided. --
�
� g. A plan for soil erosion and sediment control both during construction and after
development. The plan shall include gradients of waterways, design of velocity
and erosion control ,measures, and landscaping of the erosion and sediment
control system �
� h. A vegetation presenration and protection plan that shows those trees proposed to
be removed, those to remain, the types and locations of trees and other vegetaxion
that are to be planted.
✓ i. Such other information as may be requested by the Engineer, Surveyor, or
Planning Commission.
�
�
City of Mendota Heights
Conditional Use Permit Checklist
Date: Z 9 �''
Applicant: :�- � o er�t e s—
Case Na:
�t��kt�ri�c Cor�. f.,c.�.f,rc
o�
a. Fee: $ �o o, '—
✓ b. Letter a£Intent l�d.��Q�~iJe
✓ c. Abstract Listing ofawners located within 350 feet ofproperry.
All applications for a conditional use permit which are uutiated by the petition of the
� owner or owners of the pragerty in question s��all b� fii2e� with the City Clerk na later
than twenty-one (21) days preceding the ne7rt regularly scheduled Planning Commission
buitding. .
All applicatians for a coaditional use pennit s�3aii be accompazued by twenty {20} copzes of
a set of plans and graphics containing the fallowing informarion and folded, where
necessary, to the size of eight and one-half by eleven {8 112 x i I} inches.
The Site Deveiogment Plan shall include;
� 1. Location of all buildings an the property in question including both existing and
proposed structures.
J 2. Lacation of all adjacent �uil�lin,gs located within three hundred fifty {350) feet of
the exterior boundaries ofthe properiy in question.
y� 3. Floor area ratio.
� 4. Lacation and number of e�cisting and propased parking spaces.
✓ 5. Vehicular circulation.
✓ 6. Architectural elevations (type and materials used of a11 external surface).
✓ 7. Sewer and water alignment, existing and proposed.
� 8. Location and candle power of all illuminaries.
V 9. Location of all existing easements.
6
The Dimension Plan shall include:
✓ 1. Lot dimensions and area..
✓ 2. Dimensions of proposed and existing structures.
✓ 3. "Typical" floor plan and "typical" room plan.
� 4. Setbacks on all buildings loca.ted on property in question.
✓ S.' Proposed setbacks.
The Grading Plan shall include:
� � 1. Existing contour.
J 2. Proposed grading elevations.
V 3. Drainage configuration.
� 4. Storm sewer caxch basins and invert elevations.
� 5. Spot elevations.
✓ 6. Proposed road profile.
The Landscape Plan shall include:
V 1. Location of all existing trees, type, diameter and which trees will be removed.
� 2. Location, type and diameter of all proposed plantings. '
� 3. Location and material used of all screenin devi
— g ces.
�
UNITED PROPERTIES
April2, 1946
Mr. Kevin Batchelder
City Adminis�rator
City of Mendota Heights
{ 110i Victoria Curve
Mendota Heights, MN 55118
RE: Enterprise Corporate Centre
.:�
Mendota Heights Business Park
Dear I�evin:
Please find enctased our preiiminary development submittal under the Planned Unit Development (l.'UD)
Guidetines of yaur ordinance, Section 22, as well as related Sections 5, 4,19, and 21, far the above
referenced proje�t. We have elecb� ta bypass #ie sketch plan stage of the PUD approval pincess and are
reqaesting final PUD approvai, subject to the s�taff's review and approvai of finai plaas and specifications
far this project, We will aat bave finat drawings far the pmject by the Pianning Commission meeting on
April 23, but we have tried #a provide the iniarmation required by the Ordinance.
�LANNED �;C1yjT DEVELOPMENT
In 1989, we received City apgmval of a PUD for Sauthridge Beisiness Center ta accammodate a mutti-
phased development project consisting af three a�ce/service buildiugs. Due ta deteriarating market
conditions, only the phase one buitding was constructed.
We have naw developed a plan far two new 6uildings, on the remaining vacant land, designed to meet
the needs of a different market than that which Southridge was designed for. Tlte proposed praduct is
24' clear.ceiling height for more distribution warehouse tenants. This use is consistent with similar
neighbaring properties.
We recomrnend approval to amend the PUD to accammodate a revised product type and building layout.
A PUD cantinues to work best because the proposed plans for similar multi-tenan:t buildings include
greafier efficiencies of shared site circulation, access, actd pazking between #he buildings #o accommodate
the rnutual uses of the buildings. In addition, we are replatxing the site for two new lots to replace the
existing three lots, and we will increase the existing Southridge Business Center site to lceep it a separate
projec� Finally, the design and materials of the buildings will be generally the sarne in keeping with a
multi-building campus enviranmen� Based on Ordinance 22, we feel that the PUD is idealiy suited for
this deveiapment plan.
Page Two
The following responds to the nairative portion of the PUD section of the ordinance regarding
compliance:
�'nan ing (kSextion 22.5(41b1- Financing for the project is available througli a num,ber of sources.
United Properties is considering two options at this time including seiling the project to a third party
investor, with United Praperties retaining properly management services; or our parent company may
retain ownership and i2nance the cost through autside traditional mortgage sources.
Present Land Ownershi� lSection 22.5(,�,�r�� - Lots 2 and 3 of Block l, Southridge Business Center, and a
tat on the corner ofEnterprise Drive and Pilat Knob Road are involved in this development plan. These
lots aze currently owned by The Northland Land Company, a subsidiary of United Properties. Cross
easement agreements wiil be included in this transaction to accommodate for parking, access and
circulation. We have submitted ths pxopased easement agreements for approvat by City's lega! counsel.
The property is to be replatted inta two lots to conform to the deveIopment of the two praposed
r buildings,
j,�evel�nment Sch �le�S�ction 22.5 �,)d) - Subject to yaur approval, we hape to break ground on the
proposed Phase i building in May, 199b. Ccrnstruction af the Phase I buitding witl take approximatety 6
months, to be completed and occupied October 1996. We have no constcuction schedule for the future
Phase iI buitding, which is campietely contingent on the absorption af space in the praposed Phase I
building. However, we hope to start construction of Phase 2 innrnediately upon lease-up of Phase 1.
Acrea� and Emplo�ment f„Section 22S(41f1- The total site is 12.33 acres oi land. T'he Phase 1 site is
'7,72 acres and the Phase II site is 4.61 acres, including #he retentian pand. We estimate appraximatety
2Q0 employees will occupy the two buildings. ,
uildi g Size �Section 22.5(4)�l - The proposed Phase I building will be approximately 115,720 square
feet. Actual size of the Phase I building is subject to the final pians and specifications. if constructed,
we estimate that the future Phase II building would contain approximately 38,400 square feet. The
proposed buildings are officelwarehouse, providing 24' clear ceiling height, fea#uring precast concrete
panels and brick materials.
Onen S ace Section 22.Sf41h - A commercial project of this size requires an extensive amount of
surface garking and truck service area. United Properties has subs#antially iandscaped the outdoors area
with a variety of trees, shrubs, and flowers ta soften the effect of hard surfaces. This approach will be
consistently used in developing the Phase II buitding, creating extensivety landscaped entry conditions,
as well as parking Iot islands. United Properties has other PUD experiences in the Mendota Heights
Business Park including the Mendota Heights Business Center project, Northland Tnsuranee and Solvay
projects. The amount of imperviaus surfaces for the two Iots totais 68%, which cacnpIies with the
ordinance limits.
,protective Covenants 3ection 22.7131f - I have included a copy af the Protective Cavenants that United
Properties created far the Mendota Heights Business Park to estabtish guidelines far building design,
materials, colars, landscaping, signage, site lighting, and ongoing building maintenance. These
Protective Covenants have been developed aver several years by United Propetties from their extensive
business pazk experience. We know that the quality level of this develapment will be maintained on an
ongaing basis because of thsse Pratective Covenants. The Protective Ordinances will be recorded
against Lots 1 and 2, Southridge 2nd Additian. • -
1
Page Three
F.�onomic Fe�ibil�lM�rket Ana1Xs'�,,cS,S� ian 72 (�„)g,4� - This is a sgecuiative o�ce/warehouss
project. We have designed flexibility into this complex so it can accommadate a nnulti-tenant condition.
To that end, we have given serious consideration to the praject's access, circulation, parking, utility
requirernents, and itoor pIan Iayout. The general market conditions are currently excellent for this
product type, with mazket vacancy less than 5%.
Floor Area Ratio (Section 4.5121b1- The floor ar�a ratia complies with the 4rdinance. The calculation is
as foilows, i 15,720 GSF -_� 33b,300 SF of land equais 34.4%.
ite :�hti�� { er�jon 4.6(„�lbl • Parking tot fixtures will be tocated to be consistent with our other
developments in the Pazk. High Pressure Sadium fixtures are used primarily for accent lighting
purpases, Iocated ta provide minimum a€ i.S foot candles.
R_ LLaoft�n Mechanic-�1 Sere�nin� j$ection 4.l �t,�,lfl - AIi roaftop cqaipment witt be painted using
compatible calors to match the building. We use srnall, 3- 5 ton HVAC units, located away from the
roaf-iine, Re%r to our other indnstrial deveiopments in the Fark.
Architectural Compa ibili X,.���ion 4.17{�,�hl = The buitding design and material will be consistent with
the surraunding masonry buildings.
VA�T�TCE�
We request a variance for the project monument signs at 20-feet instead of 40-feet.
�.��•. _w
We have submitted twenty full-sized drawings for your review and a campliance list of relevant
ordinance sections, in addition to this narrarive summary. Ow hope as previousty mentianed is #o
receive fu►al approval of this PUD request, inaluding variances, and building perrnit approval subject to
the sta.fi's review of final plans and specifications, We are very excited about starting constiuction on
this project to offer availabie warehouse space to a marketplace that is currently in high demand. Please
call me if you have any questions.
Very truly yours,
L���~
Dale J. Glowa
Seniar Vice President
Development
attachments
c:Waleknt{iro.doc
��
�
ENTERPRISE CORPORATE CENTRE
UNITED PROPERTIES
4/2/96
1 UI' _:-► _ ./_y_y�. t_ - - :_►Y_ 1 t 1 I� ;_� y_ _ _ �.y � ►.
22.7 Preliminary Development Plan
22.7(2) Section 22.5 Compliance.
22.5 Sketch Plan
� 22.5(1)
22.5(2)
22.5(3)
22.5(3)a
22.5(3)b
22.s(3k
22.5(3)d
22.5(4)
22.5(4)a
22.5(4)b
22.5(4)c
22.5(4}d
22.5(4)e
22.5(4)f
22.5(4)g
Applicant has made application for a Conditional Use Permit for approval of
a PUD in accordance with Section 5.6.
Compliance - Refer to plans and narrative.
Compliance - Refer to plans.
Compliance - Refer to Plan A-"Boundary, Location, Topographic & Utility
Survey for United Pmperties".
Compliance - Refer to Plan B.
Compliance - Refer to Plan A.
Not applicable.
Compliance - Refer to narrative.
Compliance - Refer to narrative.
Compliance - Refer to narrative.
Compliance - Refer to narrative.
Compliance - Refer to narrative.
Not applicable.
Compliance - Refer to narrative.
Compliance - Refer to narrative.
�
\ f
ETtTERPRISE CORPORATE CENTRE
L2�1[TED PR4PER'i'IES
Page Two
22.5(4jh Compliance - Refer to Plan C.
22.7 Preliminary Deveiapment Plan �
22.7(3) Compliance - Refer to plans and narrative.
22.7(3)a Compliance - Refer to Plaa A.
22.7(3)b Not applicable. '
� .. 22.?(3}c Comgliance - Refer to Plan B.
22.7(3�i ��• Comgliance - Refer to Plan D and J.
22.7{3� Compliaace - Refer to narrative.
22.7{3)f Comptiance - Refer to Protective Cavenants, which will be recorded against
I,ats i and 2.
22.7(3)g1 Compliance - Refer to Plan B.
22.7(3}g2 Campliance - Refer to Plaa E.
22.7(3)g3 Compliance - Refer to Pian C.
22.7(3)g� Campliance - �Refer to narrative.
5.6 Conditional Uses �
. 5.6(2) Compliance - Apglicant bas filed an Application for Conditional Use Permit
for approval of a PUD.
5.6(2)a Campliance - Refer #o plans.
5.6{2}b1 Compliance - Refer to Pian B.
5.6(2}b2 Compliance - Refer to Plan F.
S.6(2}b3 � Campiiance - Refer to narrative.
" S.6(2)b4 Campliance - Refer to Pian B. �
^� .
�
ETiTERPRIS� CQRPORATE CENTRE
UNI'I`ED PRUPERTIES
Page Three
5.6(2)b5
5.6(2)b6
S.6{2)b7
5.5(2)b8
5.5(Z�b9
S.6(2}cl
5.6{2k2
5.6{2}c3
S.b(2}c4
5.6(2}c5
5.6(2}dl
5.6{2}d2
5.6(2)d3
5.6(2)d4
5.6(2)d.5
5.6(2)d6
5,6{2)e1
S.b{2}e2
5.6(2}e3
Compliance - Refer to Pian E.
Compliance - Refer to Plan D attd J.
Compliance - Refer to Plan G.
Campliance - Refer to nazrative,
Compliance - Refer to Plan A.
Compliance - Refer to Plan B.
C�ompliance - Refer to Plan F.
Compliance - Refer to Plan H.
Compliance - Refer to Plan B.
Compliance - Refer to Pian B.
Compliance - Refer to Plan A.
Compliance - Refer to Plan G.
Compliance - Refer ta Plan G.
Compliance • Refer to Plan G.
Compliance - Refer to Plan G.
Compliance - Refer to Plan A.
Camptiance - Refer to n�urative and Plan A.
Compliance - Refer to Plan C,
Coznplian.ce - Refer ta Plan C»
4. i 7 General Requirements for all "B" and "I" Zoning Districts
�
. r
. +
Y,
�
ENTERPRISE C4RP4RATE CENTRE
U1VIT.ED PROPERTIES
Page Four
' 4.17(1) Campliance - Application for Condidonal TJse Pernut for approval of a PUD
has been made.
4.17{1}a Not applicable.
4.17{2} Compliance - Refer ta Plan B.
4.17{3}a Compliance - Exterior materials include f�ce bricif, pre-cast conerete and
glass.
±c
4.17(3)b Campliance - Refer to Plan J.
4.17(3�c Campliance - Refer to Plan B.
� 4.17(3� Compliance - Refer to Plan B.
4.17(3}e Campliance - Refer to Plan D.
4.17(3)f Compliance - Refer to n,arrative.
4.17(3)g Compliance - No outdoor stora�e propased
4.17(3}h Comgliance - Refer to narrative.
4.17(3)i Not applicable.
4.17(4) Landscape Plan Requirernent
4.17(4)a Compliance - Refer to Plan C.
4.17(4)b Compliance - Refer to Plan C.
4.17(4}c Compliance - Refer to Plan C.
4.17(4k1 Compliance - Refer to Plan C.
4.17(4� Compliance - Refer ta Plan C.
4.17(4}f Compliance - Refer #o Plan C.
� 4.17(4)g Compliance - Refer to Plan C.
C �
EIYTERPRISE CQRPQRATE CENTRE
UNITED PROPERTIES
Page Five
4,11(4)h Irrigation Plan is not avaiiable at this time.
4. i 7(5}a Campliance - Refer to Plans C.
4.17{5}b Compliance - Refer to Plans C.
4.17(S}c Campliance - Refer to Pian C.
4.17{5}d Compliance - Every cansidemtion has been made, but the few exasting trees
will be replaced by new nutsery stock.
tf . 4.17{5}e Compliance - Refer to Plan C. '
4.17(5)f Campliance - Refer to Plaa C.
4.17(5)g Campliance - Refer to Plan C.
19.4 Building Permit Requirements
19.4(1) Compliance - Refer to Plan B.
19.4(2) Compliance - Refer to Plan G.
19.4(3) Compliance - Refer to Plan B, C and I.
19.4(4) ' Campliance - Refer to Plan C.
19.4(S) Gampliarnce - We request approval conditional on final plans and
specificatians by staff.
19.4(6} Compliance as need.ed.
19.5 Parking - Off-Street
19.5(l� Compliance - Refer to Plan B.
14.5(2} Compliance - Refer to Plan B.
1.9.5(3} Compliance
19,5{4} Comgliance - Refer ta Pian B.
0
EN'TERPRISE CURPURA`I'E CENTRE
U'NTI"ED P120PERTIES
Fage Six
19.6 Landscaping and Screening
19.5(1} Compliance - Refer to Plan C.
19.6(2) Compliance • Refer to Fmtective Covenants.
19.7 Lot Area, Height, Lot �dths and Yard Requirements
19.7(1) Compliance • 115,720 SFNRA :- 336,300 SF Land Ar.ea = 34.4%.
�
19.7(2) Compliance - Phase 1 Building - 28'4"
19.7(3) Compliance - Refer to Plan B.
19.7(4) Not applicable.
19.7(5) Nat applicable.
19.7�6} Comgliance -115,720 SNFRA = 336,3Q0 Land Area. = Q.344
19.7t1) Comgliance - Refer to Plan B.
19.7(8) Compliance with Section 4.17.
21.1 Off-Street Parking and Loading Spaces
21.1(2)a Compliance - Refer ta Plan B.
21.1(2)b Compliance
21.1(2)c Not applicable.
21.1 {2ki Compliance - Refer to Plan B.
2 L 1{2� Not applicable,
21.1(2}fl � Not applicabie.
6
21.1(2)fZ Not applicable.
�
�
f
ENTERPRISE CORPORATE CENTRE
UNITED PROPERTIES
Page Seven
6
21.1(2)£3
21.1(2)f4
21.1(2)f5
21.1(2)f6
21.1(2)f7
21.1(2)g
21.1(2)h
21.1(2)i
21.1(3)a
21.1(3)b
21.1(3k
21.1(3kl
21.1(3}e
21.1(3)f
21.1(3)g
21.1(3)h
21.1(4)V
21.1(5)a
21.1(5)b
21.1(5)c
21.1(5)d
Not applicable.
Not applicable.
Compliance - Refer to Plan B.
Compliance - Refer to Plan B.
Compliance - Refer to Plan B. �
Not applicable.
Not applicable.
Compliance - The parlcing lots will not be used for open storage or
inoperable vehicle storage.
Compliance - Refer to Plan B.
Compliance -
Compliance -
Compliance -
Compliance - Lighting will be consistent with our other projects.
Compliance - Refer to Plan B.
Not applicable.
Compliance - Refer to Protecfive Covenants.
Compliance -
Compliance -
Compliance - Refer to Plan B.
Compliance - Refer to Plan B.
Compliance - Refer to Plan B. . _-
�
ENTERPRISE CORPORATE CENTRE
LTNITED PROPERTIES
Page Eight
21.1(5�
21.1(5)f
21.1(4)g
21.1(6)d
f
21.5(13)a2
Compliance - Refer to Plan B.
Compliance - There will be no outside storage of goods or vehicles in
loading berth.
Compliance - Refer to Plan C.
Compliance - Refer to Plan B.
Compliance - Refer to Plaa I.
0
�
24828,1006931bg01
AMENDMENT AND SIIPPLEMENT TO
DECI,�TION OF COVENANTS
This Amendment and Supplement to Declaration of Covenants
("Supplement Declaration") is made as of this day of ,
1993 by THE NORTHLAND COMPANY, a Minnesota corporation ("TNC").
RECITALS:
WHEREAS, TNC is the owner of that certain real property
located in the County of Dakota, State of Minnesota, described as
Lot 2, Block 4, Mendota Heights Industrial Park, according to the
plat thereof on file of record in the office of the Dakota County
Recorder (the �'Land") ; and
WHEREAS, the Land is subject to provisions of that certain
Declaration of Covenants dated October 31, 1978 and recorded
December 21, 1978 as Document No. 528779 in the office of the
Dakota County Recorder, State of Minnesota ("Original Covenants");
and
WHEREP,S, the "Declarant" of the Original Covenants is
Northland Land Company, a Minnesota corporation ("Declarant"); and
WHEREAS, Declarant amended, extended and restated the Original
Declaration pursuant to those certain Amended,� Extended and
Restated Declaration of Covenants dated the 31st day of July, 1987
filed with the Dakota County Recorder as Document No. 799509, a
true and correct copy of which is attached hereto as Exhibit A and
which is incorporated herein by reference (the ��Amended and
Restated Covenants"); and
WHEREAS, the Land was not made to subject to the Amended and
Restated Covenants; and
WHEREAS, TNC desires to subject the Land to the Amended and
Restated Covenants. .
NOW THEREFORE, TNC states and declares as follows:
1. The Land shall be deemed to be part of the ��Affected
Property" as defined and set forth in the Amended and Restated
Covenants. The Amended and Restated Covenants shall run with the
Land and each part of it and with any interest in the Land, or any
part of it, for all purposes and shall be binding upon, inure to
the benefit of, TNC and all owners, lessees, licensees, occupants,
lienholders, and any of their suacessor or assigns of the Land. In
the event that any provision of the Original Covenants conflict in
anyway with the provisions of the Amended and Restated Covenants
the provisions of the Amended and Restated Covenants shall control.
�
�
2. The submission of the Land to the provisions of the
Amended and Restated Covenants includes the right and authority of
the Declarant to act pursuant to the Amended and Restated Covenants
as it may affect the Land, including the right of said Declarant to
appoint any agent to act on its behalf. It is acknowledged that
Declarant has appointed United Properties, a division of TNC, to
act as its agent under the Amended and Restated Covenants.
IN WITNESS WHEREOF, the undersigned has executed this
Supplemental Declaration on the date first above stated.
THE NORTHLAND COMPANY
By:
Kenneth N. Stensby
f Vice President
By:
Boyd B. Stofer
Assistant Secretary
CONSENT
The undersigned Declarant hereby consents to the foregoing.
NORTHLAND LAND COMPANY
By:
Kenneth N. Stensby
President
By:
Boyd B. Stofer
Executive Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me, a notary
public, on this day of , 1993, by Kenneth N.
Stensby and Boyd B. Stofer, the Vice President and Assistant
Secretary of The Northland Company, a Minnesota corporation, on
behalf of said corporation.
Notary Public
,' ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me, a notary
public, on this day of , 1993, by Kenneth N.
Stensby and Boyd B. Stofer, the Pres dent and Executive Vice
President of Northland Land Company, a Minnesota corporation, on
behalf of said corporation. �
Notary Public
�THIS INSTRUMENT WAS DRAFTED BY:
Matin & Simon (LBG)
2900 Norwest Center
90 South Seventh Street
Minneapolis, Minnesota 55402
10/O6/93,LBG,24828 1M
�
f
EXF�IBIT A
A2�ENDED, EZTENDED, AND RESTATED
DECLARATIOH 4F CQFENANTS
This Amended, Extended, and Restated Declaration of
Covenants is made this �1�% day of July, i987, by NORTHI�AND LAND
COMPANY, a Minnesota corpc�ation, (the "'•Declarant");
� WHEREAS, Declarant is the owner of the real property Iocated
in the County of Dakota, State of Minneseta, described in the
attac:�ed and incerparated E�iibits A-I, A-2, A-3, A-� and A-�;
and
� ABEREAS, the Deciarant is the decZarant who made, and wishes
ta azaend, e�ctend, and restate the provi.sians o�, thaL cartain
Declaration of Covenants, dated 21 December 1978, and recorded as
Document Na. 528779 of the officia? records of the County o�
Dakota, State af Minne�ota, as pravided therein; and
WSEREAS, the Decl.arant is the deciarant whv made, and wishes
ta amend, e�end, and rastate the provisians af that, cer�ain
Deciaraticn cf Covenants, dated 23 Dece�aber i986, and recorded as
Document No, 762195 of the official records o� the County of .
Dakota, S�a�e af Minnesota, as provided therein;
NOW THEREFORE, in consideration o�' the mutual cavenants __
�; contained in this Declaration:
1.. SCOPE CiF DECLARATION.
The real property described in Exhibits A-1, A-2, A-3, A-4
and A-5 sha'! 1 be refe�red to below as the ""Affec�ed Property."
The Covenants decZared herein shall run with the Affected
Property, and eaeh gart of it, and with any znterest in tha
Affected Property, or any part of it, for all purposes and shall
�
be binding upon, and inure to the benefit of, the Declarant and
alI owners, lessees, licensees, occupants, iienholders, and any.
of their successors or assigns, og the Affected Property. In the
event that any provision of Document No. 528779 or pocwnent No.
,
762195 conflict in any way with the provisions of this Amended,
Extended, and Restated Decl.aration of Covenants, the provisions
of this Declaration shall contrcl.
2. APPOINTMENT OF AGENT. •
f. Declarant appoints United Properties, a division of The
Northland Company, as its agent and attorney-in-fact to act and
to perfor•a any act, tunction, or duty of Declarant hereunder as
if Declarant was actinq in its own behalf, and Declarant agre�s
that any person may rely upon the ac�s of United Properties as i�
.
they were the acts of the Declarant. This appointment may be
revoked only by a written revocation filed for record wit� the
County Recorder or Registrar of Titles, as appropriate, of Dakota
County, Minnesota, or by a written resignation filed for record
in such offices.
3. PERMITTED IISES.
r
All building sites within the Affec�ed Property shall be
�
,
used solely for office, commercial processing, research,
•.servicing, light industrial, Iight manufacturing, warehousing,
and distribution purposes and services ancilla�-y to such uses,
subject to the conditions set for�-�h below, and subject to all
applicable ordinances. In the event that a use is permi�ted by
- 2 -
�
this Declaration but is not perm3tted by appZicable crdinances,
such use sha13 be penaitted by this Declaration only if an
app=opriate va=iance under such ordinances is ii=st obtained.
4. PRECLUDED IISES.
No restaurant, gasol.ine service station, motor hotel., or
retail use shall be permitted except with the specific prior
consent of Declarant which consent may be given or refused in it,�
sole discretion.
{ No use shall be permitted which, in the sele judgment o:�
Declarant, is otfensive by reason of odors, fumes, dust, smoke,
noise, pollution, or which is hazardous by reasan of excessive
danger of fi=e o� expl.osion. Declarant's approvaZ of a
pa.rwicu2ar use shal? be conclusive evidence oL comnZiance wi`h
this grovisian.
5. 'APPROVAL OF PLANS.
Priar to the cons:ruction or alteration of zny building or
other structure, two ccmplete sets o� building and landscaping
plans and specifications shall be submitted ta Decl.arant for
approval. No buiZding, s�ructure, or other improvement shall be
constructed, a2tered, or placed upon the Affected Froper�y untiZ r
�.
1
the location, design, plans and specifications for such
:{includinc} landscaping, site lighting, and e�erior signage)
shall be firs� approved by Declarant. If Declarant :Eails to
approve the plans submitted �o it within thirty (30) days of
receipt, it shall be presw�aed that such plans, as submitt�d, are
approved, but such approva3, shaI.l not extend to any unsubmitted
alterations to such plans.
- 3 -
• � y
`.
6. BIIILDING MATERIALS AND DESIGN.
6.OI EXTERIOR :
All materials and their colors shall be approved
by the Declarant and shall be one or more of the
.
follcwinq:
a. Brick shall be of a size, type,
texture, color, and placement as shall be
approved by Declarant prior to cons�ruction
i or alteration.
b. Stone shall have a weathered face
or shall be polished, fluted, or broken face
as shall be aperoved by Declarant prior to
construction or alteration.
c. Concrete Masonrv shall be those
generally described. as "'Customized
Architec�ural Concrete Masonry Units" or
shall be broken face brick-type units with �
marble aggreqate, in either case as shall be
approved by Declarant prior to construction
or alteration. All concrete masonry units
; .
shall be coated with a coating approved by
• Declarant, and there shall be no exnosed
concrete block on the exterior of any
building unless approved by Declarant prior
to construction or alteration. '
- 4 -
�
d. Concrete may be pcured in place,
tilt-up, or precast, and shall be �inished in _
stone, textured, or coated in a manner as
shall be approved by Declarant prior to
construction or• alteration. All coating
� shall be approved by Declarant and shall have
a minimum life expectancy of ten (10) years.
e. Metal Sidinq shall be used vnly in
� combination with one oi the above materials
and upon the speci:�ic approval of Declarant
prior to construction or alteration. Only
sidings of the self-weathering type or with a
long life (IO years minimum) finish will be
considered.
g. Glass shall be of the type, panel
sizes, and color specificall.y approved by
Declarant prior to constructicn or
alteration.
6.02 CANOPIES:
No canopies with visible wall hangers shall be
� �
permit�ed. Design of canopies shall be in keeping with
• the design of the building and approved by Declarant
prior to construction or alteratian.
- 5 -
5
`
6.03 ROOF MOUNTED EQUIPMENT:
Roof mounted equipment shall be located and
painted or screened, as may be required by Declarant,
to mini.mize visibility �rom the street or surrounding
�
buildings.
6.04 ZAADING DOCKS:
Loading docks shall not be constructed facing any
street. Provision shall be made iar handling all
F freight on those sides of the building which do nct
face a street. All loading docks shall be screened
from visibility by the public or from adjacent
buildings in a manner approved by Declarant before
construction or aiteration.
6.05 COVERAGE:
Unless otherwise approved by Declarant, the ratio
of building sq��are footage to the total scuare footage
oi any buiZding site within the Affected Property shall
not exceed 50�.
7. BIIILDING SETBACXS.
No building or other structure shall be erected nearer than j
� �
,
4o feet to the front property lines (those facing any dedicated
�street) of the building site, nor nearer than 30 feet to any side
property line of the building site not abutting a street, nor
nearer than 20 feet to any rear property line of the building
site.
- 6 -
8 . PARICSNG .
Each b�il.ding site shall. be provided with _such off-street . -
autoarobi2e parking as may be appraved by Dec2arant, and no
parking shalZ be permitted on an� street, driveway, or any pZace
.
other than in approved parking spaces.
8.01 RATIGI:
Unle�s otherwise approved by Declarant, parking
shall be provided as foliows; (a) the minimum ratio of
{ one permanently-paved cff-street autamobile parking
space �er each 2,000 square feet o� warehouse buiiding
area, and for each 500 square feet ot manufacturing
buiZding area, and for eaeh 254 square feet of of�ice
building area; or {bj the minimum ratio ef one
permanent2y-paved off-street automobile parking space
for every two employees, whichever ratio shall result
in the greater number of pa=kinq spaces. No use shall
be made o� a building site nor any building cans�ructed
thereon which requires, or is reasonabl.y expected to
require or attract, parking in excess of the capac�ty
of tha parking spaces on the building site.
,�,
8.02 SCR£ENING:
� All gark:.nq areas shall be screened from the
public view in a manner approved by �he Declaran� prior
to the construction cr altezation of any building or
building site.
_ 7 _
;
�.
8.03 IACATION:
L
Unless otherwise approved by Declarant prior to
the constructicn or alteration of any building or
building site, parkinq will nct be permitted within 20
.
feet of the �ront property lines (those �acing any
dedicated street) of the building site, nor wi�hin 10
feet of its side property lines, nor within 10 feet of
its rear property line.
f 9. LANDSCAPING.
All open spaces shall be dustproofed, surgaced, landscaped,
rockscaped, or devoted to lawns. Not less than two-thirds of the
required building setback area shall be devcted sole?y to lawns,
trees, shrubs, and walkways of a design aperoved by Declarant and
shall be provided with an underground lawn sprinkler system of a
type and design approved by Declarant. Landscaping, as approved
by Declarant, shall be installed within 90 days of occupancy, or
subs�antial completion, of the building, whichever occurs first,
weather permitting. �
I0. SCREENING.
10.01 STORAGE:
No articles, goods, materials, incinerators,
� starage tanks, refuse containers, or like ecuipment
shall be kept in the open cr expased tc public view, or
to the view f+om any adjacent buildings, without the
specific prior aporoval of the Declarant. In the event
that such approval is granted, such materials shall be
screened from view in a manner approved by- the
- 8 -
C
h ' •�
Declarant and all such storage shall be li.mited to the
rear two-thirds ot the building site and under no _
circumstances shall such storage occur within 40 feet
of any dedicated street.
.
10.02 STRUCTURES:
No water tower, storage tank, processing
equipment, skylight, cooling tower, antenna, satellite
or microwave dish, or other ancillary structure or
f .
outside equipment shall be constructed, erected, or
placed on any building site without the prior approval
of Declarant. In the event that such approval is
granted, such structures shall be screened from public
view, and from the view from any adjacent building, in
an architecturally attractive•and sound manner approved
by the Declarant.
11. SIGNS.
All signs sha1.1 be of a design and material approved by
Declarant. IInless otherwise approved by Declarant, all signs
aust be attached to a building, parallel to and contiguous with
its walls, and not projecting above its roofline. No sign of a
�
flashing or moving character shall be instal.led on any building
rwall, door, or window and no sign shall be painted on any
building wall, docr, or window. Declarant rese�-ve the right to
enforce unifcrm sign s�andards and design throughou� the Affected
Property. Declarant shall have the right tc enter upon any
building site within the Affected Property for the purpose of
removing any sign which is erected without Declarant's prior
- 9 -
» `.
0
approval. Declarant shall have the right and the power to take
such action as it deems necessary or desirable to_remove any such _
unapproved siqn and such owner or lessee, or both, shall be
liable to Declarant for the cost of all such actions. In the
, '
; event that the owner or lessee fails to reimburse the Declarant
, ior such cos�s within thirty (30) days of Declarant's demand for
payment, such costs shall be a lien against the property which
lien shall be subordinate to any first mortgage against the
, �property.
12. MAINT�NANCE.
The owner or lessee of any building site shall keep the
site, building, improvements, appurtenances and landscaping in a
well maintained, safe, clean, and attractive condition at all
� times. This duty of maintenance shall include, but shall not be
limited to, lawn care, trash pickup, weed control and treatment,
watering of lawn and plantings, the timely trimming of trees and
shrubbe�-y, and the timely removal and replacemen� of all decayed,
deceased, or dead trees, shrubbery, or other plantings. If, in
the opinion of Declarant, any owner or Iessee fails in the
execution of this duty, then Declarant may give such owner�or
�
lessee, or both, notice of suc:� failure after which such owner or
' :lessee shall have ten (10) days to correct and restore the
prcperty to a well maintained, safe, c?ean, and attractive
conditi.on to the satisiaction of Decl.arant.
In the event that such owner or lessee fails to take the
action required to so restore the property, Dec7.aran� shall have
the right and the powe: to take such action as it deems-necessary
�
' �.
or desirable to restore the property and such owner or I.essee, or
both, sha3.], be Iiable ta Dec2arant for the cost of •a�I. such
act�.ons: zn the event that the owner or 3essee fai2s to
reimburse the DecZarant fo= such costs within thirty {34� da�rs of
.
Declarant's demand for gayment, such costs shall be a lien
' against the proper�y which lien shall be subordinate to any firs�
mortgage against the property.
13. INiTIAL CdNSTRIICTION.
E In the event that a binding construction contract for, or
actual consMruction of, a building appraved by Deciarant has not
been entered into, or comtnenced, within one year of the date af
the execution of a sales contracw or agraement �elating to anv
part o� the A��ected Proper�y, then DecZarant shall have the
option of refunding the purchase price of any build:.ng site and
entering into possession o�' the subjec� building site. Declarant
shall exercise said option to repurchase by giving w7-itten notice
of its exercise to the owner of the subject building site within
thirty (30) days a�ter the expiration of sai.d one year peri.od.
In the event of such repurchase, the owner af the buiZding site
shaZl. pay the real estate taxes ag said iand payabZe in �he year
i
a
the notice of exercise is given prorated to the date cf clasing
� and priar years, except those taxes payable in the year of sale
�o such owner payable by Declarant. Upon receipt of the refunded
purchase price, said owner shall convey ta Declarant, by a deed
acceptable to Decl,araat, fre� and clear of any liens or
encumbrances placed, or suffered ta be pl.aced, agai.nst the
suhject buil.ding site by said owner. All canveyances by
. • ••
�
• Declarant shall be made and accepted on condition that the
purchaser, grantee, or owner will reconvey such pr.operty upon the .
exercise by Declarant .oi this option under the conditions
described. Declarant may, in its sole discretion, extend the
.
time within which such construction must be commenced.
14. APPROVALS.
Only written approvals by Declarant shall be e�fective.
Written approval by Declarant of a particular use or action shall
fbe.conclusive evidence of compliance with this Declaration to the
extent any use or action so approved is not in violation cf any
law, ordinance, or governmental regulation. Declarant shall not
be liable for damages to anyone submitting plans to it for
approval, or seeking any approval under this Declaration, or to
any owner, lessee cr other interest affected by this Declaraticn,
by reason of mistake in judgment, negligence or nonfeasance
arising out oi, or in connection with, the approval or
disaporoval or failure to approve any matter or plan. Each
person who seeks such approval agrees, by so seeking, and every
owner or lessee cf an�* of said property agrees, by acquiring
title thereto or interest therein, that he will not bring any
r -
,
action, proceeding, or suit against Declarant alleging such
=damages.
15. STREET NAMES.
Declarant retains the right to change, from time to time,
the name of any and all streets and proposed streets now and
hereafter located on the Affected Property provided that such
changes shall be made in accordance with applicable.ordinances.
- 12 -
0
16. TERMINATIaN, MODIFICATION, AND DECLARANTS� R2GHTS.
I6.Oi T'ERMINATION BY DECLARANT ALaNE:
Declarant shall have the sole right and power at
all times to terminate or modify this Declaration with
r
respect to any portian oi the Afgected ProperLy which
Declarant owns.
16.02 TERMINAT20N 4R MODIFICATION:
This Declaration may be terminated, ex�ended,
modified, or amended, as to the whole o� the A�'fected
Property, or any portxon, wifih the written consent of
the awners of &b-2/3� of the Affected Property, based
on the number af square feet within the Awfected
Praperty provided, however, �hat sa long as DecZarant
owns any par�ion of the Af�ected P=oper�y, na such
tenaination, extension, modiLication, or amendment
shal.l be e�fective without the approval o� Decla�ant.
16.Q3 SUCCESSOR DEGLARANT:
If at any time Dec].arant ceases ta exis�, or fai7.s
or refuses to act far a period af mare than ninety (90)
days a��er having been natified of its faiZure to act
on any request, or fi2es for record iLs resigna�ion, a
successor Declarant may be appointed in the saae manner
as this Declaration may be terminated, extended,
modified, or amended under Section 16.02 without the
approval of Decl.arant.
- z3 -
17. ENFORCEMENT.
The restrictions contained in this Decl.aration may be
enforced at law or in equity by the Declarant or, if Declarant
fails to act to eniorce within thirty (30) days after having been
.
requested to do sc, by any owner of any portion of the Affected
Property. Declarant shall not have any iiability at Iaw or in
equity� to any person for iailctre to enforce any of the
restrictions--contained in this Declaration. In the event that
f Declarant ceases tc exist, or tiles fo= record its resignation as
Declarant, any owner of any pertion of the Affected Property may
enforce this Declaration with respect to its property.
18. DURATION. '
This Declaration shall terminate and be of no further force
or effect upon the expiration of thirty (30) years �g�om the date
hereof, or from the date of the last o� any late� amendments,
unless extended as prosided in Section 16.01 or I6.02.
19. EFFECT OF IN4ALIDATION.
In the event that any provision of this Declaration is held
to be invalid by any court, the invalidity of such.provision
shall not affect the remaining provisions of this Declaration,
:;
and they shall continue in full force and effect.
� 20. WAIVER OF RIGHTS.
The failure of Declarant, or any owner, to enforce any
covenant herein shalZ not be deemed to be a waiver of the right
to do so thereafter nor of the right to enforce any other
res�riction.
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21. INSPECTION.
Declarant may trom time to time at any reasonable hour or _
hours, enter and inspect any of the Aifected Property to
ascertain compliance with this Declaration.
22. ADDITION OF TERRITORY AND RIGHT TO RESIIBDIYIDE.
22.OI EXTENSION:
Declarant may from time to time during the ter.n of
this Declaration, or any extension, add to the Affected
� Property.
22.02 RESUBDNISION:
At the time of purchase of a tract or parce7. of
land from Declarant, such tract or parcel shall be
considered as a single building site for all purposes
hereunder. Resubdividing of such tract or parceZ shall
not be pe�aitted without the prior approval. by
Declarant.
IN A=TNESS WHEREOF, the undersigned have executad this
Declaration on the date first above stated.
NORTHLAND LAND COMPANY =
8���� ��'2�
zts � � - �
and
. � �By �- ,
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) _ . _
The ioregoinq instrument was ac)rnowledged before me, a
notary public, on this .�1=s day o� July, 1987, by �.,.,.rl� �„�, ti f��.�y
and J'�,.� �l !� • _;1t G� the
�- � : _ r.�- ' : and F ; � �„ �, ., ; �; �, • ,c �-- � : -/- �7
of Northland Laad Company, a Minnesota corporation.
�.� .,�J /�l.c�-✓► c-. � �n.�//��/
Nota�y Public .j'
/• .
; • �,W MillltRAY DRlSCOLL
THIS INSTRIIMENT AAS DRAFTED BY: �� �� ca��
I�tT tpMlV� EXlIRE$ FfS. 1, 146C
{ Maun, Green, Hayes, Simon, ' �
�• Johanneson and Brehl
3500 West 8Qth Street
Suite 520
Minneapolis, Minnesota 5543I
A
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E�IBIT A-I
Lots 2, 3, 6, 7, Block 1; - . -
Lots 3� 4� 5� 6� 7� 8�'9� and lo, BlOck 4S
Lots 1 and 2, Block 5;
Lots 1, 4, 5, 6, 7, and all ot Lot 3 except the westerly 72.8
feet thereaf, Block 6;
all in Mendota Heights Industrial Park, Dakota County, Minnesota.
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Parcel I:
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E�IBI.T A-2
That portion of the Northwest Quarter of the Northwest
Quarter o� Section 3, Township :Z7 North, Range 23 West of the
Fourth Principal,Meridian, Dakcta, County, Minnesota, lying North
of Highway 494. . '
Parcel 2:
All that part ot the East 1/2 of the Northwest 1/4 of
Secticn 3, Township 27 North, Ra�zge 23 West, lying North of the
Northerly right-of-way line of Milznesota Trunk Fiighway 494 as now
established.
f Parcel 3:
All af that part of the West: 350 feet af the Nor+-�.hwest I/4
of the Northeast 1/4 of Section 3, Township 27 Nor�h, Range 23
Wes� of the Fourth Principal Mer:idian, which lies North of the
Northerly right-of-way line of Hic�hway 494.
Parcel 4•
All of that part of the Nort.hwest 1./4
of Section 3, Township 27 North, Range 23
Principal Meridian, which lies North of the
way line of xighway 494, except the west 350
all in Dakota Coun�y, Minnesota.
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of the Nor`�heast 1/4
West of the Four�h
Nor�-..herly right-of-
feet thereof.
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E�IHIT A-3
That part ot the South 53.8.6 feet o� the Nor-th 884 feet o� -
the West 420 Feet af Government Lot Three {3j in Section Thirty-
four (34), Township Twenty-eight (28), Ranqe T'venty-three (23j,
lying westerly ot t,he Northerly e�ension of the east line o� the
West IZ6.90 feet o�' Lot Seven (7}, Block Two t2j, Mandota Xeights
Industr,ial Park, accordin� to the Government Survey thereof,
Dakota County, Minnesota.
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That part dt '�he Nor�hwest Quarter af the Sontheast Quarter .
af Section 34, Township 28 North, Range Z3 West, lying
Scut:hea�terly of the South Right-of-Way 1i.ne of Mendota Heights
Road, and Southwesterly af the westerly Boundary of �the Chicago,
Milwaukee, 5t. Faul and Pacific Railroad Right-of-Way; and North
of Lot l, Hlock 5 of Men$ota Heights 2ndustrial Park, all in
Dakota County, Minnesota.
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E�IBIT A-5
Lots 2 and 3, Block 1, Southridqe Business Center, Dakota County, -
Minnesota.
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. • 612 338 2271
• f�'R-02-1996 09�18 MAUN � SIMQN 612 338 2271 P.02/19
�$cL�Txd� a�_�g�a
TIiIS DECLARA�ION OF EASLMENTS („Agreent�nt") made and exeCuted
as of the day af �, 1�96, by NORTA�'.�ri L�iD ClJffiPA�TY, a
Minnesota corporation (�.ereafter nDet11��21tn) .
�T�YE868TH:
WH�AS, Declarant is the reaord owner of that certain real
property located ili Dakota Courlty, Minnesa��, legally des�ribed a�s
Lot� i and 2, Southridge Susir�ess Center 2nd Addition, (�aid lots
�
beixig referred to herein a.s "Lot 1+� aad "Lot 2M, re�pectively); and
WHEREAS, �at 1 and Lot ��hall be �r�llectively referred to
heref]ri as the "Subjeat Lots" and each a"Lot��; and
WHEREAS, there is ar may be constructed on the Subjeat Lots
aertai.r� buildings, driveway�s, and other improvements; and
WHEREA&, i.t is desirable to provide certain easement�s to
permit the com�aan and.recigroc�l use oP �he driveways canstructed
on the Subj�ct I,ots and to pravide easements for the placement and
mainten�rice of utility lines and utili�y connections b�riefitting
and servinq ea�h of the Subject �ts;
�TOW, THEREFORE, the 8ubaact Lots each shall be subject to and
shal.i have the benefit af the righ�s and easements as hereinaft�r
set fc�rth:
1.0.' Easements to Run with th� Land.
1.1. The rights and easements herein oantained shall attach
�o i biAd �1d �u�1 with th� �.arid� a,nd shall i�tax� to the ben�f it Qf
anc� be binding upon th� D�al�rant and subsequent awners and
. 612 338 22?1 � `
f�R-e,�-199b 09�18 MAUN & SIMON 61.2 338 2271 P.63/19
tran�ferees of each of the subject �ots and their respeative heir�,
representatives, successors and assiqns, �nd ��s they may provide,
their agents, servants, tenant�, licensees, and fanvit�eu, but
nothing herein contai��d �ha].l be deemed �a create any easement
riqhts in �he publia, ar in any tenan� or liaensee, ar for the
bene�it of �r►y prap�rty other than the Subject Lots.
2.0. Aefinitions.
2.1. �s u�ed in this Agreement, th� �erms "driveways�� shall
mean ali parts of the Subjeat Z�ts which are i.mproved frrnn time to
c
time by the Ownexs of the respr:ctive 3ubj ect Lots as driv�ways,
curbs, guard rails, ar other exterior hard-surfac�d areae intended
�or vehicular �r pedestrian trai�ic; exaludinq haweve.t, such a7ceas
adjac�nt tv loading doaks, entrance.r�aps or service areas of any
builcting constructed or� said subject I�ta which is neoe�sary to the
reasonable utilization of said serviae areas, docks or entrance
ramps.
2.2. "Owr�er" or "Owners^ as used hesein �shall be deemed to
mean the Dealarant and �hereafter its suacessors and assigns whiah
successors and assigns shall be aanalusiv�ly determ�ned as being
the record �ee simple owner as listed in the office c�f the Ua]cota
Caunt�r Recorder or Registrar of '�itles of any o� the Subject Lot�,
as the case may be, except and ux�].ess there is of record a contrac�
far deed or installm�nt� land�sales cantract (^Contract�), or a
^Land Leas�" �as defined belaw). =n the evant of sucb. a con��act
or Land Lease and sa lc�ng as said Contract or Land Lease remains xr�
full force and effect c�f xecord, then "Owner" shall be deemed �o be
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� 612 338 2271
APR-02-1996 09�18 MAL1N"d� SIMQN 612 338 2271 P.04i19
the vendee under said Gantract or the lessee under said Land Lease,
as the aase may b�, in lieu of said fe� simple ovmer (except for
purpos�s of amending or madifying this Agr��mer�t, in which case
both the fee sin�ple ownex and thE vendea or lessee shall b� de�med
the' �'�fAliiei" % •
2.2.1. �'Land Lease+' shall mean only a lease
which a�vers all of one or more of the
Subject Lot� h�ving an initial term of
t not less than 45 p�ar�; and permitting
the lessee� to Gonstx�uat bui].dings and/or
other improvemen�s upon the leased
praperty.
2.2.2. In the event aily of the Subject Lo�s has
as its Owner more thas� one person and/or
entity, then for all purposes o� this
Agreement, said join� or �ommon owners
shall act as and be deemed ta be one.
2.3. For pur�oses of this Agreement, the term ^Work�� shall
mean any construction, a.mstallation, maintenanae, repair, cleaning,
r��laoement, alteration, madifiaation, demolition, reconstrt,t�t�.on
or reinstallatian af an Improvement. The te�m "Improvementn shall
mean the driveway�, irriga�ic�n systems and storm sewer ca��h b�.siris
(and related storm sewer lines} water line�, �xrigation lines,
sanitary sewer lin�s, eleatrical lines, gas lines, t�lephone �.ines,
and arjy and all ath�x utility lin�� and any �ralves, switches,
manholes a� c�ther accessory deviGes appur��nant and/or accessory to
—3— �
• 612 338 2271 ' `
R�R-02-1996 09�19 MAIN� & SIMON 612 338 2271 P.05i19
such utility lines (all such Improvements rela�ing to utilities
shall be referred td as nUtilities") loca��d within or under
dxiveways, paxking areas, parkil�g stx�uotures, axtd landsaaping, as
a�d wh�n actually �anstructed, but not wnd�r any building.
2.4. For purposes h�reoi, in the event ar�y o� the Subject Lots
are subdivided and p�at�ed into two or more lots, then the
references to said Lot �. and/ox �,ot z shall incl.ude all of �aid
subd�.v�.ded lo�� unless th� context indicates otherwise or unless
the particular easeme.ri� area iri ques�ion atfec�s oniy c��� guch
� .
subdivided lot. �� �
3 . a . �as�n�r�t G�rant . ' '
3.1. Each Lot within the Subject Lots shall have and is hereby
granted a pe�rpet�ual right and ea�en�nt fQx� tha nar�-exalusive u�� vf
aYY clriveways upon all the other Subjec� Lots. Said easements
shall also includ� �h� right of ingr�s� and egress of pedestxians
and vehiales across the driveways to and from publ�ic ways
contiguous ta the Subjeat Lo��, Icnown as Enterprise Drive and Pilot
iaiob Road, including all drive�ways located in p�rt upori any one I�ot
and in part upon any other Lot.
3.1.1. The use of said ease�aen�s with respect to
ve�icles shall be subject to reasonable
regulations from ti_me to time adopted by
a.].1 ot the Owners of the Sub j c��t Lot� for
ihe cantrol of t'.r�►ffic, safety, loading
and unlaadinc� af truok� a�d vans; and
ma.intenance and repair of the driveways
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APR-02-1996 09�19 MRUN & SIMDN 612 338 2271 P.05i19
{including the temporary alasure thereof
when necessary fo� such purpases).
3.2. Each Lot within the Subject Z,ots shall have and is hereby
granted a perp�tual non-�xClusive ea6ement for installa�tion, access
to and us� o� IItilities now or h�reafter s�.tuated within driveways ,
and parking areas and/or landscaped areas, andJar other ar�2�s not
impraved with ��Structures^ (as d�fined belowy, including the right
to hav� storm water flcw acros� driveways a�nd parking areas into
catch basins and aut of the storm sewer lines to which said catch
basins are o�nnected. Said easem�nts shall include the right to
install Utilities below the surface, bu� nat above fihe surface
(except far catGri. basins, manhole�, light pol�s and other a�c�ssory
utility I�provemen�s which neaesearily mu.st be at th� surface).
The easements granted by thi� paragraph regarding storm water are
speaifically preaonditioned upon the city af Mendota Heigh�s
("City��) reviewing and approving a storm water drainage plan, which
shows the �torm wat�� drainage ar�d run-off acrass th� prvposed
eas�ment areas and �hrough the existing and p�aposed s�ona water
utility lin�s. � The cvn6truction or installation af any
�mpravemen�s ta be constructed pursuant ta the eaeem�nts of this
paragraph must be in camgl�.ance with any requirements af the City.
Ti�.e ea�ements provided by this paragra�h �hall not be pexmitted �v
i.nterfere with th� reasonabl� use or d�velopment of and
�onstruction o� buildings, �nclosed p�destrian walkways {nLinks")
�nd/or parkin� ramps (col�.ectively "S�zu.ctures") whi�h are existing
from time tc� time ugon ea�h Lot subject to the eas�mex�t. It is
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612 338 2271
APR-02-1996 �'09�19 MfliJN « SIMON 612 338 2271 P.07i19
cc�t�templ2���d that such �asements shall be as least restrictive as
reasonably practical and will no� in��rfere wi�h any existing or
pianned future struatures an the� Subject La�s. Nat less than
thirty (30) days prior to th� initial installa�ian of any IItili�y
Improvement or other Improvement which is not a Struature, the
Owner of the Lot upon which said Improvement i� contem�lated sball
be natified and provided with site plans shQwirig the lacatiQn of
a7.1 U�ili�i��, both existing and propased, as well as all existing
and proposed struc�tures and other Improvements upon all Subject
:
Lots for which IItilities or other non-Structure Improvements�'are
being proposed. The party sa propos�ng such Improvements s�a11
aaaommadate all reasonable requests of the Owner af the aff�cted
Lr�t with re�peat to the laaation of such Improveme.nts. No Utility
may be located within ten fee'� af any $rea which the Ownex has
d�signated as th� prcpased location for a future Struature without
th� consent of such Owne�. The parties shall cooperate with each
ath�r with respect to locating the Utilities and other non-
Structure Improvements, and in no �vent s�hall the practicc�], benefit
o:f the easements granted pursuant to this paragraph be denied. Tn
the everit the Owner of a Sub�ev� Lot over whioil prapased Utiliti�s
or other non-strueture �mprovements are to be canstructed (the
"8urd�n�d Owne�") shaii request, �he Own�.r propc�s�q such
Intprov�:men�s {the �+Seri�:f i�ted Owner„ ) shall Cooperate with the
Burdened owner to oversiz� saxd IItility ar o�her nan-Structure
zmprcvement or incr�ase its aapaaity so as to serviae (aither
pr�sently ar in the �uture) the Burdened Owner; provided that the
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' 612 338 2271
APR-02-1996 09�20 MflUN & SIMON 612 338 2271 P.08i19
Buxdenea Own�r agrees ta �ay the excess c�ut-of-pockEt costs which
would be incurred by th� Benefitted Owner in installing sa�id
over�fzed Impravement rather than the Improvemen� being initially
proposed by said Ben�fi�ted awner. The Burdened �wn�r shall supply
such gu�xantees and/or security as xeasonably• requested by the
Benefi�ted dwner to as�ure payment by the Burdened Owner of the
aosts afar�said.
3.3. Eac�h Lot within'the Subj�at Lots whiah now has or may in
the future hav�e a structure located upon it whiah is loca��d within
;
twenty feet og a lot line af another Lot �ithin t.he Subjeot Lots
shall have and is hereby �ranted a non-exalusive �asement gar
��a�ss to and maintenance, r�pair, replacement and reconstruc�ion
of structures, together with an exclusive easement for
encroach�te�ts in the �vent that, by reason af canstruction or
reoonstructian of a Struc�ur� or the subseque�� settlement,
expar►sion, sag or shifting of any part of a Struc�ur�, any part of
such Structure �rtaroaches, or shali hereaft�r encroaciY, upon any
part of an adjr�ining Subja�ct Lot. Such easement f�r encroachments
shall exist only sa lang as all or an encroaching part af th�
stru�ture shall remaYn standi.ng; provid�d however, that in r�o event
shall an easem�nt for any encroac�hment be cre��ed in favor of a
Struature on the Subject Lat upon which said strueture is laca��d
if such enaroachment unreasonably interfere� with the normal use
and enjoym�nt af the sub�ect Lot which is burdened by �said
enc+roachment. In addition, any af ti�e Subject Lots upon whi�h
there now or hereafteyr exists � Stl'LlC�t�.T�'. W�tYll.ri twenty �eet of a
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• 612 338 2271 • �' '
RPR-02-1996 09:20 '� MAiJN & SIMON 612 338 2271 P.09i19
lot line with any other Subj�ct Lot shall have and is hereby
granted a non-exclusive easemen� in and over so much of the
adjoining Subject Lot (which i� within twenty fee� af said
Struature) a� is reasana.b�y needed to do any work, at the ao�t of
the Owner af the Structure. The easement creat�d in the fr�r�going
sentence sh�ll exist on].y so �ong as the Structure shall remain
standing.
3.4. The e�sements created and granted by this Agreement shall
and do include the right of the ovmers of the Subject Lots and
�heir r�spective aontractors, agents, repr�senta�iv�s and a�ssigns
ta entex upon the ��ea subjec� ta tY�e area of the easements hereby
created and such other parts of the Subject i�ats as may be
reasonably necesgary for the purpase of doing any Work to or on any
Imprav�ment so as to enable the use, enjoyment and benefit of such
easements and Improvemerits.
3.4.1 All Work an an eas�m�nt area created vr
granted hereby shall be done: (i) in'such
manner a� to not v.nreasc�riably interfere
with the normal use and enjoyment of the
area on whioh the �r7ork is being done,
(�.i) at the sole �ost and expense of the
en�it�r ardering the Work, (iiij in full
Complian�e with the provisions of thYs
Agreem�nt, (iv} in full camplianc� with
all a�+�].i�able s�a�ute�, ocxies �
ordinances, rules and regul�.�ions, (vj
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� • 612 338 2271
�APR-02-1996 �3�20 MR11N & SIM�I 612 338 2271 P.10/19
with respect to reconstru�tion
m�intenance, repair, alterations or
modifi�atians, the wark shal3. u,s�
materials, equipment and design artd
engineering s�andards, equa3.ta �� better
than those originally used, (vi) in a
gaod and workmanli.ke manne� and �vii) in
such manner as not to impair or destroy
c
the struatural soundnees or integrity,
ses�hetia appearanae or fturiotional
utility of the property or Improve�aent
upon or in tvhich the work ar activity is
being dc�ne or any ather Structure or
Improvemertt upon ihe Subject Lots.
3.4.2. Be�ore anyane enters upc�n any easement
area to do any Wark, the entering party
sha13 give at least ten (lo) days� prior
nc�tice � of au�h entry to the affec�ed
party and the anticipated e,ntry tim�,
�s�ii�2►�ed duration 2�nd purpose; said
right of e�try bei.ng subjec� ta �he
aff�cted party's not abjeoting to said
entry at said time and/or foX said
duratian and/or purpase; which
objectians, hc�wever, shall nat be made
unl�ss a reasonable basis exists
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•• 612 338 2271 ' '
RPR-02-1996 09�21 h1'allhl & SIM01J 612 338 2271 P.11i19
therefar. Failure of th� affe�t�d party
to notify the entering party wit.hin said
ten (10) day perfod shall be deemed
aonQ�.usive evidence o� laak of a�ny such
objaction. sucsh notice need not b� given
in the event of any emerqency as
reasonably determined by the ent�ring
paxty. In addition, the en�eri.rtg party
shall provide prcof oi ad�quate liability
f
insuranoe aoveraqe ( in an amaunt of nc�t
less than $1,000,000}.
4. a. R�locsati.na and Docwaenting Eagements.
4.1. To the extent easements hereby granted,�declared. arid
crea�ed are i�ot speaigiaally defined or are �xroneously defined
with respect �a loaation or width, any Owner may prepare and
doaument sueh descriptians or suci► aeeurate descriptions and 2�11
neae�ssary parties agree to execute and deliver �uah dooum�ntation
in recordable form upon r�o�ipt by each such party of infonaa�ion
reasanably aaceptable ta such party that the deecriptions ar�
aacurate, complete, conform to and are consieterit with the
provisians of th�s Agreement. The party requesting �uch
documentation shall psy the aos'� c►f greparing and �iling or
recardinq such documentatian.
4.2. The requirements, dutie� �xid obligations as contained in
th� immediately precedinq paragraph 4.l shall apply ta any
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612 338 2271
f�l'R-02-1996 09�21 '� h}RUN & SIh10N 612 338 2271 P.12i19
subdivi�ion and replatting of �ny Subjec� Lot irlto smaller lots,
blocks and/or autlots.
e� . 3. Nothing con�ained in this Agreement shali be construed tc
prevent the Owner of any Subject La� withou� the consent e�
approval og the other owners fxom relacating, redesignati�g or
expanding i;.hose parts of t.heir respeative Lots now or hereafter
improved with Impravements or Structures and }aurdened by the
e�seinents as se� �orth in this Agreement, nor shali any such
relocation, redesignation or expansion be deemed �.n amendment of
4
this Agreement, it being und�rstood and acknowledged tha� the
easements as �et Porth herein are not intend�d to impase any
obligation e�n the Ownexs to provide any given Smprovement at any
specific location, but simply to al1Qw the shared u�e of driveways
�s existing from time to ta.me and to allow th� efficient aacess,
installa�ion and use of Smpraveme.nts. The right g�anted hereunder
to relocate, redesignate Qr expand said Impravements and/or
structures shall not allow or p�rmit the blockage or interferei�ce
of inqress and egress �o and �rom Enterprise nriv�, or Filat Knob
Road, onc� said ingress and egress has been crea�ed by vir�ue of
construa�ion of Improvements, except far tempar2ery interferenCe in
oorYneation mith sur�. relacating, redesignating or expanding or iri
connectian with the daing of W�rk and then only far sueh periad of
time as not to exceed four (4� houra in any one worlc day, unless
subs�itute acae�ss for ingress and egr�ss is granted as is
reasanably acceptable to the awner of t.he a��ected property.
Notwithstanding the foreqoing, access for ing�ess and egr�s� to
612 338 2271 ' '
faPR-02-1946 09 � 21 MAllN 8� S I MQf�! 612 338 2271 P.13i 19
Enter,�rise Urive or Pilot Rnob Road may be impa�.r�d or bl.00ked by
the initial construction of a struatur�, if necessary in aonnection
with such St�uature far a period of time no� ta exceed nine mcsr�ths
pravidet� that access �c� both streets is not blocked or impaired at
th� �tuae t�me. The right gran��d hereunder to relocate,
redesigna�� ar exp�nd said easement(sj shall be exeraised in such
a manner so �s not to vfolate th� parking or other code
requirements of the City. �
4.4 In �he event any easement created by ox pursuant to
par�.graphs 3.1 ar 3.2 above, �r any Utility or other Imprav�mea�s
locate.� thexein, herea�ter intexferes With any proposed Structure,
nothing cont:ained in this Agreement s�ha11 be canstrued tb prevent
tha Owner of the Subject Lot u�on whiah the proposed Structure is
to 3�e located, without the consent or approval of any party {except
as stated in this paragraph�, but after at lesst thirty (3d) days
prior written notice to the other Owners of any Subject Lot, from
�eloaatir�g those portions af the e�sement area and/or Tmpravemen�
r
lvcated therean or theraunder, so as�to remove said interferean�e
witi�said proposed Structur�; provid�d hQwever, any such relocation
a� said easement or Impx'ov�ment: i) shall nat allcw, pe�m�.t or
result in the blockage or intezference with �Gh� purpose ar use of
�a�id easement, iij shall campiy �rith the requirements of paragraphs
3.4.i and 3.4.2 abov�, and iii) shail be at the sole cast and
expense of the Owner of the Subjeat Lot proposing such r�alaca�fan,
and any Imprave�atents to be construct�d in the relc��a��d�ea�ement
t. .
shall b� aanstructed in full compliance with al�. requ�.rements of
-12-
1 �
! �
' " �_ 612 338 2271
APR-02-1996 09�22 MAUN & SIM�N 612 338 2271 P.14/19
the Cit�r. Th� owner of the subject Lot performing any sucsh
r�locatian shall comply with all. other provisions of this
Agreement. Al1 othex Owners of Subjec� z.ats na� doing such
relocation shall h�.ve no liability or obligations of any kind for
any claim or demand arising aut of the design or construation of
the ImprovementB being relocated, or any Work dane on any e$sement
area by or for the owne� doing such reloeation. =n the event any
such i4ork cr 2mprovement causes damaq� to a.Subjeat Lot other than
that owned by the Ownex perfon�ing such re].oca�ion, such damage
f
�hall be immediately restored by the Owner dc�ing such relacation at
its expense, a�d the 6wner doing such Work shall hold°"all other
owners harmless from and indemnified against a.ny such damages.
5 . 0. 1Kaintenanc�.
� 5.1. The Owners of th� subject Lots each shall repair arid
maintain all parts of the driveway Improvements (but not Utility
Improvemen�sj which lie exclusiv�ly upon their re�pective Lots in
a good and s�rviceabl� aondition, in compliance with appiicable
laws and reasc�nably free af snaw and ice. The pa�rties sha�ll
cooperate in the coordination of any such maintenanc� and repair af
driveways whiah are ic�aated on t�s�ro or more t+nts .
5.2. No obligatic�n c�� repair c�r mainter�ance of a bu�dened Lot,
including snow and debris removal of the easem�n� areas shall be
deemed created ar imposed upon the Owner of �he benefit�ed Lot of
any easem�nt areated by this Agreement except as otherwise herein
sp�ci�ically pravid�d.
-13-
' 612 338 22?i . � , '
RPR-02-19�6 09=22 ��J & SIMON 612 338 22?1 P.iSi19
5.3. The C�wn�r a� the Lot burd�ned by a paa�ticular eaeement
sh�:ll hav� no liabilit�y o= QbligatiQn af any ki�nd �ar a.ny claim ar
demand �ising out vf ar alaim+�d to arise aut of �h.� d�si�,
canstzucti�n, maintenance, re�rair, re�onsfi.ruction or replacenteant c�f
a1.1 or any part o� th� e�.�sement ar�a� or any Improvem�n� �h�reaf,
or for any Work done on any ease.�aent area by samean� o�kher than
saa.d t3wner or it� agestts, suacessors or assigns. In th� �vent any
Wark causes damage �a t:he bu��.ened Lo�, such damage ahall b�
imtaed�.ately r�sta=ed by such garty at its e�,aens� and the Owner of
th��Lot shall be held harmless and indemnifie$ by the entering
pa,r�y for any sucb damage.
5.4. The owners of the 6ubj�c� Iats e�ch �hall repa�i.r and
mainta3.n all Uti].3.�y Improvement� whiah service their respeative
sub�ect Lo�(sj in a good ar�d s�rviceab3.� c�ondition and in
eamglianc� t�ri�. spplicab2+� laws. R'he g�rties shall coap�a�e in
th� coordinaticn and p�rf+�rmance af ari.�r suah main�enanc�e and repai�
o� Utilit�y Impravemen�s w�x�.ch service and/ar ar�. shared by t-�ro c�r
mare �ubj�:ct rlot C�wners..
6.0. �nfr�rcemen�.
6.1. Thi$ Agreemen� m�y be en�orced by �ny t3wner af an�
subject Lot by legal or equi��ble action firt�luding specific
pe�farman+ce� in I�akc�ta Goun�y District Cou�t. In �he event an
acti�n i� ar�mmencedj the prevailing pa=ty �shall be en�it3.ed to
recover �c�sts and e�ense� incurred in �r��h �ction, includi»g
r�aeon�hl+� attorney�r fe�s, from the nQ�.prevail3ng par�y(�j.
1 y
' " 612 338 2271
RPR-02-1996 09�22 MAUN & SIMOh! 612 338 2271 P.16i19
6.2. ln the ev�nt the Uwner of �ny Subjeat I.,ot is not
maintainir�g or r�pairing any non-[]tility Improve�aents lacated upon
its subjeat Lcat, any other Subjeat Lot Own�r(�) may enter and
perfor�ar said maint�nan�� ar repai.r, bu� same shall b� at said oth�r
owner's sale cost �nd expen'se, uxyless said other Owne� has given
the claam�d defaulting owner 30 days� writt�n notice and the
alai_med defaulting Owner has not cured said de�ault wi.thin said 30
days; excep� if due to weather or other cau�es it would reasonably
�ake more than 30 days ta cure, then said 30-day period sha3.l be so
:
�act�nded, but f.n no ev�nt �hall said cure periocl exaeed S months.
If suah natice has been gYven and �he defaul� not so cured, then
the costs of �said other owner(�? ta perform said maintenanae and
repairs shal3. b� recoverabl� in an action pursuant to paragraph
6.1, above. Thia paragraph sball not pr�vent said other own�r(s}
from suing for speaific performanee af the obligations under
Section 5, all parties sp�aifically arknowledging tiia.t specific
performanae is an apprc�priate and acceptable remedy unde� i�his
Agr��ment.
7.0. Notioes. Any notices to be given to the Lat Owners shall
be d��:med effea�ive upon ��tua.l receip� if hand delivered or upan
�he third day after pastmark�d by U.S. or certified mail, return
receip� requested �� 'Ghe address set forth below
If ta TNC: suit� 200
3500 West 8oth 3treet _
' Bloomington, MN 55431
Atte.rit,].��: D�.le J. G�.owa
Any party shall have the right fx��m time to �ime and at any
time u�an at least f if�een (15 j day�' prior writ�e�1. nctice th�reof
r
L
.. �12 338 2271 .
APR-02-1996 09�23 MAUN & SIMON 612 338 2271 P.1?i19
in aacordance wi�h the grovisiot�s bereo�' �t� change its resg�ctive
addre�s and to sp�cify any ot.h�r address; provided, hawever,
notwittist�anding anything her�in cant�ined �a the cantrary, in arder
E�ar the no�iGe o� addres� change ta kse effeG�iv�i it mu�t actually
be r�ceived.
8.0. �qroement to Cont'�e Natwit�standina Breach. It is
��►re.�sly agreed i-liat no breach cf this Agreement sh�ll ent�it�.� any
party, its succe�sor� or assigns, �o cancel, re�cir�d or otherwise
tenainate an.y +�asement� created hereund�r. However, su.ch
t
li�itatians �shall nat aff���, in any mann�r, �ny othex rights or '
remedies wh�.ch Buah par�y may i:ave hereuizder by =easc�n af such
breach.
9.0. Non-Eu+�lusive asemen�s. Th� parties h��eto und�rstand
and agre� th�t those ease�aents here�by grante:d and cr�ated which �re
n�n-�xclusiv� ar� subjeQt �a th� right of any Uwner whos� Lot i�
subj�ct to such non-excl��ive �asement �c� use that C+wn�rf"� I1cxt �ar
s�imil�r or dissimila� uses and purposes; provided, howe�u�r, �hat
�ueh us�� s�ia11 be subject ta th� eas�men�� bereby granted and
created.
10.0. Ga�tir�ns. The captions herein a�e in��r�ed only £or
refer�nce �nd i� n� w�.y limi'� or d��cribe '�he sco�e of t,hi�
Agr��tnent or the meaning af any provision hereof.
11..0. M_�mum Inte�fer�nc�. T%.e par�ies here�+a and their
succ�ssors and as�igns shall always e�cercise use cf their
resgec��.ve eas�m�nt� and xight� hereunder reasona?aly and in �uch
mann�r a� �a cau�e th� lea�� �assible interfer�nce under �he '�hen
+, . . 4,
' 612 338 2271
A�R-02-1996 09:23 MAIbJ & SIMON 612 338 2271 P.18i19
circumstanaes with the use and eiljoyment by the ot�.er par�ies or
their au�cessors ar assigns who hav� �he right ta us� or are
aub�ect ta such easemen�s of their respeative proper�i�s and
Smpravements.
12 . o. cr�nse,nt. f�ienho ders. If an �mer is reguired ta
give carsent hexeunder, any ha�d�r of a first mortgaqe (filed
subsequent to the date di this document was filedj on t1�e
ben�fitted vr burdened Lot shall also be required �a consent, if
r'�quested ia�y ai1 Qwner.
{
SN WI7'NESS WI�EREOF, the und�rsigned have executed this
Agreement o�n th� da�e first above stated.
NQ�T�',�1D LA�1D COiSPANY
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STATE �F MINNESOTA )
) ss
COUNTY OF HENNEPYN )
• The foregoinq instrum�n� was acknowledged before me this
day of , 1996, by and
, the a.Y1C1
, respectively; of Nox�thland �,anc�
Company, a M nnesata corparation, an behalf of'the carpora�ion.
Notary Public
�17-
6
�
APR-02-1996 H9�23 M�I & S M�NN 2271
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This Ynstrument was D�afted by:
MxiUN �C S7MON, PLC ��JBj
2000 Midwest �lar�a auilding We�t
�ol Nicol].et Mall
Minn�apo3.i�, Minnesata 55�402
{61�) 3�8-�i�.3
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612 338 2271.
P.19i19s
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�.
CTTY OF MENDOTA HEIGHTS
MEMO
Apri124, 1996
TO: Ma or Ci Cauncil and Tnterim Cit A��� ator
Y , �' s Y
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Case No. 96-12: US West Cellular Application for a CUP
Discussion
As directed by Councii, Mr. �aymes Littlejohn appeared before the Planning Cammission
on Apri123, 1996 ta discuss his application to place cellular apparatus and build a
penthouse on tap of Sibley �gh Schoal.
The proposed faciiity consists af three sets offour antennae ea.ch, with two of those anays
ta be attached to the roaftop afthe western-mast portion af the school building and the
third set ta be mounted on ihe narth wali af the penthouse of that same portian of the
school building. A 12 foot by 24 foot cellular equipment building would be constructed
on the rc�oftop of that portion of the school building directly to the sauth of the higher
portion of the penthouse. .
Several Mendota Heights residents carne ta the Planning Commission meeting thinking
that Mr. Littlejohn was proposing a monapale at the Sibley site. During an intermission in
the meeting, Mr. Little}ohn showed his computer enhanced photas of his proposal
demonstrating that this was nat the case, thereby assuaging their concerns, and they all ieft
the building shortly after the meeting resumed. (Commissioner Friel recused himselffrom
this discussion and vote, citing a potential conflict af interest.)
During Planning Cammission discussion of US West's application for celluIar equipment
at the Sibley H"igh School site, the Commission asked Mr. Littlejohn why he is applying
for a Canditional Use Pernut for cellular antennae as an "essential service", even thaugh
the Council had determined earlier that such equipment was not an "essential service" in
the resolution of deniai for US West's request ta place a manopole at Mendata Plaza.
Mr. Littlejohn responded that he had interpreted the Council's ruling ta mean that the
tower was not an essential service, but that the antennae themselves were essential
services. Since US West's new application far the Sihley site does not involve a tower,
Mr. Littlejohn reasaned, it could be considered an essential service for purposes of a
Conditianal Use Permit. Most of the Planning Carr�mission (with the possibie exceptions
-�� of Tilsen and Duggan) appeared to accept this reasoning, particularly given the
�
Commission's main concern that if these antennae are not "essential services", the City
may have to grant Mr. Littlejohn a building pernut outright for his proposal.
Attached are the following documents:
1. Materials pertaining to US West's application for cellular antennae at the High School
site.
2. A proposed Resolution enacting the recommendations of the Planning Commission
3. The Resolution denying US West's application for a tower at Mendota Plaza
4. The Resolution approving US West's application for an antenna on the water tower
5. Photos of the equipment shelter at the base of the water tower at 1910 Thompson
Avenue, St. Paul. (Mr. Littlejohn encourages Councilmembers to visit the corner of
19th Avenue and Thompson Avenue to assess how well the faux brick of the shelter
matches the brick of the Divine Redeemer building across the street.)
Recommendation
The Planning Commission voted 4-2 (Duggan and Tilsen opposed) to recommend that the
Council grant US West a Conditional Use Permit to install their cellular apparatus at the
Sibley H'igh School Site as proposed with the following conditions:
1. that the Council determine that cellular antennae constitute an essential service;
2. that the ISD 197 allow US West to place the equipment on their property;
3. the US West properly maintain the equipment and penthouse for safety purposes.
Council Action Required
If the Council wishes to adopt the Planning Commission's recommendation, it should pass
the attached Resolution, adding to or altering conditions if necessary.
.
�
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO US WEST
FOR CELLULAR APPARATUS ON SIBLEY ffiGH SCHOOL
WHEREAS, US West was denied a request for permission to construct a monopole at
Mendota Plaza by the City and instructed to return to the City with a proposal for an
antenna at a more acceptable location; and
WHEREAS, US West has now proposed to place cellular apparatus on the roof of
Sibley High School; and
WHEREAS, Sibley High School is a much more acceptable location for such apparatus
than Mendota Plaza,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights on this 7th day of May, 1996 that a Conditional Use Permit be granted to US
West for the placement of cellular equipment on the roof of Sibley High School with the
following conditions:
1. that US West properly maintain the equipment and penthouse for safety purposes
2. that there will be no radio interference with existing radio communications systems or
air traffic communications and operations.
Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1996.
SIGN:
ATTEST:
Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY 1ViINNESOTA
RESOLUTION NO. 96-09
A RESOLUTION DENYING A CONDITIONAL USE PERMIT
FOR US WEST CELLULAR FOR A CELLULAR TOWER
AT 750 ffiGHWAY 110
WHEREAS, US West Cellular has applied for a vonditional use permit (the Conditional Use
Pernut") to construct a 100 foot cellular oommunications tower (the "Tower") at 750 �ighway
110, as proposed on plans in Planning Case File 96-03; and
�'V]�REAS, the Planning Commission conducted a public hearing at their January 23, 1996
meeting; and .
�
VV�AS, the Planning Commission recommended an a 6-0 vote that the City Council deny
the request for the Conditional Use Pes�nit based oa the Tower's visual incompatibility with its
surroundings; and �'
�, the City Council reviewed appliCation for the Conditional Use Permit at their
meeting on February 6, 1996.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights as follows:
1. The City makes the following findings of fact:
a. Cellular telephone service does not consti.tute an"essential service" and therefore
the proposed Tower would require a height variance of 65 feet;
b. Cellular telephone service is available within the City and the primary purpose
of the proposed Tower would be to improve existing service;
c. The Tower would be visually and aesthetically incompatible with its surroundings;
and
d. Construction of the Tower would alter the character of the sunounding
neighborhood and establish an undesired precedent.
2. In light of the foregoing findings, the request for Conditional Use Permit submitted by
US West Cellular and the required height variance, as described above, are hereby
denied.
�
Adopt�d by the City Cowncil of the City of Mendota Heights this ZOth day of Febniazy, 1996.
� �tY` 7!I
,%``.
By �� ll� £:�..�.�.,�_..----
R.'���een M. Swanson, City Clerk
s�i�ocr�-i
�
i t
i t' i i � 1
By �'«� '� LGf.��...' » ..r�
Charles E. Mertensoito, Mayor
��;:��s
CITY OF MENDOTA HEIGHTS
DAROTA COIINTY, MINNESOTA
RESOLIITION NO. 91-24
RESOLIITION APPROVING A CONDITIONAL IISE PERMIT
ALLOAING II.S. AEST NEWVECTOR TO INSTALL A CELLIILAR PHONE
ANTENNA ON THE WATER TOWER WITH ITS SERVIC STRIICTIIRE
AT THE CITY'S PIIBLIC WORRS GARAGE
WHEREAS, U.S. West NewVector has made application for a
Conditional Use Permit to allow the construction of cellular phone
antennas on the City Water Tower and to construct a service
structure building on City Property, said property located at the
Public Works garage and east of the water tower driveway; and
WHEREAS, the Mendota Heights Planning Commission conducted a
public hearing on March 26, 1991 to consider said application; and
WHEREAS, the Mendota Heights Planning Commission recommended
unanimously that City Council approve the requested Conditional Use
Pernit; and
WHEREAB, the Mendota Heights City Council conducted public
hearings on April 2, 1991 and May 7, 1991 on the requested
application.
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that said Conditional Use Permit would have
no adverse effect on the health, safety and general welfare of the
citizens of the community or surrounding land; and
BE IT FIIRTHER RESOLVED that said Conditional Use Permit would
not be adverse to the general purpose and intent of the Zoning
Ordinance; and
BE IT FIIRTIiER RESOLVED that said Conditional Use Permit for
construction of Cellular Phone Antennas and Service Structure
building be approved as presented and proposed according to the
most recent submitted plans dated May 3, 1991 on file in Planning
File No. 91-07 and in accordance with the amended negotiated lease
agreement.
Adopted by the City Council of the City of Mendota Heights this 7th
day of May, 1991.
ATTEST:
� .u��t�
K thleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �� � /�1��.�
Charles E. Mertensotto, Mayor
LAW OFFICES
HESSIAN, MCKASY BL SODERBERG
PROFHSSIONAL ASSOCIATION
Minneapolis • SaintPaul • Washington, D.C.
4700 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2228
(612) 330-3000 Facsimile 371-0653
Jaymes D. Littlejohn
(612) 330-3003
May 2, 1996
Via Messenger
Mr. Patrick Hollister
City of Mendota Heights
1101 Victoria Curve
f Mendota Heights, MN 55118
Re: Proposed Faux Brick Equipment Penthouse
Henry Sibley High School
Dear Mr. Hollister:
As we discussed, I have enclosed (6) six sets of photographs of the faux brick equipment
building located at the base of the South St. Paul Water Tower on the corner of 19th Avenue
and Thompson Avenue. Although this equipment building is not located on top of a building,
we were directed by the South St. Paul City Council to match the brick exterior of the Divine
Redeemer Professional Building.
As I stated to the Planning Commission, using a faux brick, painted exterior allows us
to match the existing brick of a building throughout the life of the installation. If real brick is
used (assuming that brick can be found to match), the new brick will age and change color at
a different rate from the e�cisting brick. This means that the brick on the penthouse will
eventually become a different color. The problem with matching brick and continuing that
match is apparent on the Henry Sibley High School and on Divine Redeemer. On the other
hand, as the existing brick changes in color, we can simply repaint the penthouse to ensure that
it matches the brick and blends with the current building. This is why the Planning Commission
imposed the condition of our maintaining the faux brick exterior throughout the life of the
installation.
I appreciate your agreeing to provide this information and these photos to the City
Council. If I may be of assistance to you, please contact me at your convenience.
Sincerely,
�
i' �
��� � .
��
Jaymes D. Littlejohn
JDL/jma
Enclosures
103443-1
��
� � �
. . �
inwar�urso
CONSULTING rLANNERS
LANDSCArB AACHITECTS
300 FIAST AVENUE NORTH
SUITE 210
MINNEAPOLIS,MN56101
i12•339•3300
PLANNING REPORT
f � �ATE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apri123, 1996
CASE �IO : ............................. 96-12
/�PPLICANT: . . . . . . . . . . . Jaymes Littlejohn, Representative
US West New Vector Group, Inc.
01NNER: . . . . . . . . . . . Independent School DistrictNo.194
LOCATION : . . . . . . . . . . . . . . . . . . . . . Sibley High School
ADDRESS : . . . . . . . . . . . . . . . . . . 1897 Delaware Avenue
RE6IUEST : . . . . . . . . . . . . . . . . . Conditional Use Permit for
Communications Antenna and Equipment Building
PREPARED BY : . . . . . . . . . . . . . . . . . . . . . . C. John Uban
BACKGROUND . . . . . . .
US West was before the City in January with Case No. 96-03. They
proposed a tower antenna cluster 150 feet in height at the rear of the
Mendota Plaza Shopping Center. That review indicated that other
sites in the gen�ral azea may be suitable for an antenna cluster to
serve cellular phone customers. US West has tested Sibley High
School, which was one of the suggested alternate sites and found that
it was suitable although not perfect for their antenna location.
Case No. 96-03 raised the question of whether or not these facilities
were asential seivioe � since so many new ones are proposed
to talce place in tl�e m�politan area for competing forms of wireless
communication All previous similaz structures have been processed
as essential service facilities.
The previous review of all other issues with the antenna systems that
affact the health, safety, and welfare of the community still hold hue
and there have been no detrimental impacts found for cellulaz
communication antennas on the general publids health or welfare.
CASE No. 96-12
APRIL 23, 1996 PAGE 2
...................
The nevv locatian is on the Sibley High School building and integrated
with the roof�op penthouse. This location would not need
landscaping since it would blend in very well with the school
structure.
Th� Canditional Use Permit review requires a public hearing and City
stafi has mailed notices to the surrounding properiy owners.
CONDITIONAL USE PERMIT.
The Sibley High School campus is large and well setback fram
adjacent residential uses in the City of Mendota Heights. The large
brick sc�ool building can easily accommodate tl�e placing of painted
antennas locatsd either on th�e facade or on the roof lin�e high enough
to service the general terrain. The Propc�sed equiPment building is
painted with simulated brick to match the colar of ti�e existing facade
and from a distance appears to be � small extension of tl� brick
penthouse an the school.
The sclwol already has a series of antennas far sahool use on the roof
primarily to receive educational material and support school related
activities. The facility will not require any parking and will be tied in
with the same roof access and utilities as the rest of the school.
US West will be leasing the space from the School District and will
be requued to maintain separate liability insurance for their sfructure
and equipmenk
VISIBILITY The proposed school antenna cluster and equipment building will not
be readily noticeable to the general public as viewed from the
surrounding residential areas. The applicant has submitted colar
photos shk�wing the equipment building and antenna wluch illustrate
how well they are camouflaged and blend into the existing building.
On close examination, some antennas will be visible above the roof
line but in general the casual observer will not natice the presence of
the US West antenna and equipment
ACTION ...........
Overall, I believe this is a much betxer solution than the previous
location with the tower.
Review the applicant's requ�st for a Conditional Use Permit to install
communication equipment on Sibley High School and make a
recommendation to the City Council.
CITY OF MENDOTA HEIGHTS �
�
�-�
Case No. �6-12 . No� .�;�
sc�►u: i.-�oo� .�'°' °M•�
�!
,..
C ity o�
1Viendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. � J �
Date of Applicadon - —
Fee Paid W Q i ��P_c��
ApplicantName: U S West NewVector Group, Inc. pH: 330-3003 (Jaymes Littlejohn)
(Last) (F''�) (M�
c/o Jaymes LittleJ'ohn, Hessian, McKasy and Soderberg
Address: 4700 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402-2228
(Number 8t Street) (City) (State) (Zip)
OwnerName: Independent School District No. 197
(I-asc) (F'u�st) (r'I�
Address• 1897 Delaware Avenue Mendota Heights MN 55118
(Number & Street) (City) (State) (Zip)
StreetLocaLion of Properiy ia Question: 1897 Delaware Avenue
Legal Description of Ptoperiy: The Southeast Quarter (SE 1/4) of the Northeast Quarter
(NE 1/4) of,Section �aenty-five (25), Township �aenty-eight (28), Range �aenty-three
(23), except that part platted as Sibley Heights.
Z�►pe of Request:
Rezoning
� Conditional Use Permit
Conditional Use Permit for P.U.D.
Plan Apprnval
Comprehensive Pian Amendment
Variance
Subdivision Approva�
Wedands Permit
Other (attach explanation)
Applicable Ciry Ordinance Number 401 8. 2(1) , 7. 2( 3) Section
Preseni Zo�ng. eaf�ProPert�` Present Use . -
Proposed Zoning of Property : Proposed Use
I hereby declarc that aU state.rnents made� ia this re�uest and on the additional
materia�.are �e. •
(Signature of Applicaut)
r_�..... �
-- (Received by - �tle) � � . -
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452 • 1850
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
April 4, 1996
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota Heights will
meet at 8:00 o'clock P.M., or as soon as possible thereafter, on Tuesday, April 23,
1996, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights,
Minnesota, to consider an application from U.S. West New Vector Group, Inc. for a
Conditional Use Permit which would allow the construction of and operation of
cellular antennas and related facilities on the following described property:
The SE 1/4 of the NE 1/4 of Section 25, Township 28, Range 23, Except that
party platted as Sibley Heights.
More particularly, this property is located at 1897 Delaware Avenue (Henry
Sibley Senior High School).
This notice is pursuant to City of Mendota Subdivision 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.
LAW OFFICES
HESSIAN, I1/ICKASY & SODERBERG
PROFESSIONAL ASSOCIATION
Minneapolis • SaintPaul • Washingtan, D.C.
4700 IDS Center
80 South Eighth Street
Minneagalis, Minnesota 55402-2228
(612) 330-3000 Facsirnile 371-0653
March 26, 1996
VIA MESSENGER
Mr. James Danielson
Pubiic VVorks Ltirector
City of Mendota Heights
1101 Victaria Curve
Mendota Heights, MN SS 118
J'aymes D. Littlejohn
(612) 330-3003
Re.• Our File No. 0530200-OOS900 - MINSUNFISH
1$97 DeZaware Avenue (Henry Sibley Sen.iar High Schoolj
Dear Mr. Danielson:
This Ietter supplements and amends the Application for a Cond'ztionai Use Permit
submitted by our firm on January 2, 1996 on behalf of U S WEST NewVector Graup, Inc. (also
know as U S VV'FST Cellular} ta Iacate a cellulaz� telephone antenna site on property located at
750 Highway 11Q. That loca.tian was rejected by the Mendota Heights City Cauncil, which
required that we consider the Henry Sibley Senior High School property referenced abave (the
"Property"). We have re-evaluated the Property, and find that a facility (the °Facility") can be
designed ta meet the perfarmance criteria established for this cell site. Furthermore, we can
install the cellular antennas on the roaftop and on the surface of a penthouse at the site and
completely avoid installing a pole at the site. The following information is provided for
purpt�ses of amending the Applicatian to substitute the Progerty for the property originally
described therein, and to describe the Facility. ,
Amended Applicatian.
The follawing information should be substitutecl for that appearing in the Application:
Owner's Name:
O.wner's Address:
Street Location of
Pro�erty in„Question:
Independent School District No. 197
189'7 Delaware Avenue, Mendota Heights, MN
1897 Delaware Avenue, Mendota I-�eights, MN
Mr. James Danielson
Public Works Director
City of Mendota Heights
March 26, I996
Page 2 •
Le�al Description: The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4)
of Section Twenty-five (25), Township Twenty-eight (28), Range
Twenty-three (23), except that part platted as Sibley Heights.
A�nlicable CitX
Ordinance Number: 8.2(1) (and 7.2(3), by reference)
f Present Zonin�of
Pro : R-lA
Present Use: public school
Proposed Zoning of
PropertX: R-1 A
Proposed Use: essential services structure
The Proposed Use.
We propose to install the Facility on the rooftop of Henry Sibley Senior High School,
on land owned by Independent School District No. 197. The area is zoned R-lA, One Family
Residential District, in which that school building is a permitted use (see Section 7.1(3) of the
Zoning Ordinance). The proposed Facility consists of three sets of four antenna each, with two
of those arrays to be attached to the rooftop of the western most portion of the schaol building
and the third set to be mounted on the north wall of the penthouse of that same portion of the
school building. A 12 foot by 24 foot cellular equipment building will be constructed on the
rooftop of that portion of the school building, directly to the south of the higher portion of that
penthouse.
A drawing with a site plan and elevations as well as two photo simulations depicting the
Facility accompany this letter. As you can see from these materials, the school building and the
sunounding schaol property create a significant buffer from the sunounding residential
properties, and that penthouse actually screens the view of certain portions of the Facility from
various directions.
Antennas. As noted above, no pole will be required for this design since the proposed
cellulaz antennas will be mounted on the rooftop and attached to the penthouse of the existing
building. The antennas that are mounted on the rooftop will be painted to match the water
Mr. James Danielson
Public •Works Director
City of Mendota Heights
March 26, 1996
Page 3
towers of the City, and the antennas that are attached to the penthouse will be painted to match
the pattern and color of the brick fascia of that penthouse. As shown by the two photo
simulations depicting the school building with the Facility constructed thereon, the penthouse
will screen the antenna from certain directions, and the proposed color of the visible antennas
is designed to further minimize the visual impact of those antennas.
Equipment Penthouse. The equipment penthouse that is proposed will house radio,
f computer and climate control equipment for this cell site within a 12 foot by 24 foot building
to be constructed on the lower portion of the penthouse roof of the existing school building. The
walls of this equipment building, while constructed of prefa�ricated materials, will be painted
to appear as a brick facade matching the background brick of the school building. As you can
see from the enclosed photo simulations, this treatment causes the equipment building to blend
into that background, which will make the visual impact on the surrounding residential properties
negligible.
�
Our cellular equipment will be connected to our central switching office via traditional
telephone lines. As a result, no one will be working inside the building once construction is
complete, except for maintenance visits occurring once or twice a month.
There will be no measurable impact on traffic or other existing site conditions, because
the antennas and equipment facility are operated remotely. The site is electrically powered and
produces no noise, smoke, fumes, glare, or odor.
General Requirements. The Facility as designed will be in compliance with the general
and minimum requirements for essential services located in a residential zoning district, set forth
in Sections 4.9, 4.18 and 7,.2(3) of the Mendota Heights Zoning Ordinance, to the extent they
are applicable. Specifically, the architectural design of the Facility, as described herein and as
depicted in the drawing and photo simulations enclosed, is compatible to the neighborhaod in
which it is located, and the Facility will not encroach on the speciiied setback and will not
require any additional parking or driveways.
The Conditional Use Permit.
Section 3.2(40) of the Zoning Ordinance provides that a communication systems such as
cellular telephone facilities "including poles ... or other similar equipment and accessories in
conjunction therewith" is an essential service. As such, the proposed use is a permitted use;
Section 4.9(1) of the Zoning Ordinance provides that "permitted essential services shall be a
permitted use ... in all zoning districts" unless certain facts described in Section 4.9(2) of the
Zoning Ordinance exist. Although the services provided by the Facility do not by themselves
Mr. James Danielson
Public Works Director
City of Mendota Heights
March 26, 1996
Page 4
bring it within the purview of said Section 4.9(2), the fact that Section 7.2(3) of the Zoning
Ordinance states that "essential service structures" such as the proposed equipment building are
a conditional use of the land in the R-1 Zoning District (and so also in the R-lA Zoning District)
makes it necessary for the City to issue a Conditional Use Permit for the Facility.
Conclusion.
We believe that this letter and the enclosed materials demonstrate that the new location
for this cell site and the design for the Facility satisfy the Council's concerns for the cell site
proposed to provide cellular service for this area of Mendota Heights. We will be in attendance
at the meedng of the City Council scheduled for Apri12, 1996 to obtain any comments on this
design which that body may have, and at the meeting of the Planning Commission on Apri123,
1996 to address any questions that its members may have concerning this Application. In the
meantime, please do not hesitate to call me if you have any questions about this new cell site.
This letter includes the enclosures listed below, as application materials required �by
Section 5.6 of the Zoning Ordinance (note that the original of the Certificate of Dakota County
Abstract & Title will be delivered in a day or two, once we receive it). Finally, it is our
understanding that the fee of $350.00 delivered with the Application originally submitted will
satisfy any fee which may be required in connection with this amendment of that Application.
Sincerely,
HESSIAN, McKASY & SODERBERG, P. A.
<
G�=
Jaymes D. Litflejohn
Enclosures: Twenty (20) copies of Sheet Z-1 dated March 15, 1996, prepared by Design
Eight (8) copies of two (2) photo simulations (Northeast and Southeast views)
Certificate of Dakota County Abstract & Title (photocopy)
cc: Mr. Kent Sticha (w/o enclosures)
100062-1 0530200-005900
�
CTTY OF MENDOTA HEIGHTS
MEMO
April 19, 1996
TO: Mayor, City Council, and Interim City �d�'� rator
FROM: Patrick C. Hollister, Administrative Intem
SUBJECT: Cellular Tower Regulations
Discussion
The City Council has directed Staffto research possible amendments to our Zoning
Ordinance or other measures to accommodate and regulate cellular towers. Over the last
few months Staffhas provided the Council with two sample ordinances and a model lease
agreement.
At their regularly scheduled meeting on April 16, 1996, the Council asked Staff to predict
how many requests to erect cellular towers the City will receive. Unfortunately, it is very
difficult to predict this because it depends on changes in technology and changes in the
market,(i.e., companies entering and exiting the cellular business.)
Perhaps the best defense the City can provide against undesirable locations for cellular
towers is to determine in advance which locations would and would not be acceptable for
cellular towers, and what requirements should be placed upon them.
Attached is a map of the City showing locations within the City which the Council may
consider acceptable:
1. Municipal Water Tower
2. City Hall
3. City Fire Station
4. Industrial Zone
5. NSP Substation and Power Lines
6. Schools
Staff requests that the Council give guidance as to which of these locations or other
locations would be proper sites for cellular towers. Depending on which sites are
appropriate, Staff could prepare one of two ordinance amendments:
J
�
1. An addition of cell towers as a Conditional Use to an egisting zone or zones.
If, for example, the Council considered the Industrial zone as an acceptable location
for cellular towers as a Conditional Use, Staff could simply draft language to that
effect for Council approval.
2. The creation of a special (non-contiguous) "overlay zone", perhaps called "CA".
This new zone would encompass only those locations within the City where cellular
towers would be acceptable, perhaps with a Conditional Use permit. This may be a
good approach if the acceptable sites for cell towers fall within a variety of e�sting
zoning designations.
(See also the attached recent article from the Star Tribune regarding cellular towers.)
Recommendation
Staffrecommends that the City detern�ine where cell towers are and are not acceptable
within the City before the City receives any more applications for cellular towers. The
above-listed locations have been provided only as suggestions, and the Council may think
of other areas where they could be placed. It would also be helpful to Staff if the Council
could provide some insight into proper height limits for cellular towers.
Council Action Required
Consider the above options and advise Staff.
ca
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1'�vers are
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technologY
`IiM �^ ,
. ��.F�o
�;-.�,s��h��y
�_ddition
t��o�� suburbs
. ��� � .,
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Bj�Norman Draper
SFiir 1 jribune Sta,�`'Writer
jr �
r�����::
--: �lie Cellular One computerized
r@ndering of i#s new structure
stip �i��immpased over Robbinsdale's
do'inmtown made quite a gut-level
ii;np�ssion in late 1994.
• ��t�nce city officials saw it,�"we
s�ii%f gat a big knot in our stam-
ach," said city planner Bili Debion.
`.'�'�ie object af such discomfort
`w.as�3 I00-foot-tali cellutar phone
t�Eviaes. to be located smack in the
pa��e of downtown. What was
i�larly ga,lling to citg officials
rir���Yie pzospect of having ta deal
i,�i��such a gatential eyesore hazd
o�j;�e heels af a$1.7 million
b��
d�3f, awn "streetscage" project
eQ ;' �ete with fake cobblestone
ti�, new trees, benches, ban-
ntir�, streetcar-era lighting and a
cl�ct�tawer.
��.`Tiiey were shawing us haw
w�r�derful it was going to look,
a,�d,we said, `You've gat ta be kid-
d3x'ig;',." Deblon said.
�'C�ty afficials quickly decided
ttie �ower didn't fit into the theme
of::�e.new Robbinsdale, and they
ri�gtiated with Celiular One to
d'i�i� it and� mave its antennas
otrta"a cit�� water tower, where
tH'�e"'�kw�' eren t as obtnzsive.
••b•�v�in Cities suburbs are dis-
co'��ig that the information su-
pe�}ii�ghway has its own roadside
cll�z.—. an► assartment of towers
n�"��d to relay phone, pager,
cnm�i�uter and fax si�nals. Some
toHrers aze already u�, but the;
cauld mark just the beginning.
lviaie antenr�as will be needed to
arcornmoiiate an increasing high-
tecti � communications demand.
Pfus; new coinmunications tech-
nt�l�gy may well require more
an3ennas� and the picture will be
fu�er crowded as the Federal
Cbmmunicatians Commissian
liceh`ses moxe high-tech compa-
ni� �hat want to get in an the
�'A��°, the new telecoramunica-
,.ion's law signed this yeaz by Presi-
ie#t'�:tintan ma3ces it tougher for
:o#�unitles W control the piace-
�q,t'.of communications tawers
:he�might not wan�
� ��e company told Blaoming-
oi�=officiats that it planned ta
:re��seven antenna towers in the
:ityi�Six have gone up in the past
eW.j�ears. __.
Minnetonka has had a rash of
applicatians far antenna sites.
Robbinsdale has had many addi-
tional inquiries abaut such sites,
and telecommunications compa-
nies have been scouting out ather
suburban locales, looking far
places ta put tawexs and scoping
out local r�oning regulations. �
Medina zoning administrator
Loxen Kohnen said he had just
gotten aff, the phan�e wlth a wam-
an who asked him what the ciry
would allow ia� terms af�nrireless
communications towers: In t3ra-
. no� the City Council rejected a
request far antenna space a few
weeks ago, even though they were
to be aft�ced to the ciry water
tower.
"Qur council had said it might
be open to doing somethiug like
that as lang as it wasn't unsighdy�"
said City Adnainistrator Ron
Maorse. "But thi�s was something
beyand what they said thep woutd
apprave."
• As a resiitt of what appears ta
be the beginning af a staznpede for
suburban antenna space. several
�cammunities — Bloomington�
Robbinsdale and Maplewaod
amang them — have enacted
moratoriums on such towers untii
they can figure aut how ta control
them. Others aze tinksring with
'ardinances or talking with► com-
munitiss that already have ordi-
nances ta camgaze notes.
The primary abjection is ap-
pearance. A tawer taller than the
highest trees wlth a cluster of
antennas on top is not samething
a lot of suburban hameorrmers
want to see. There is also a safet}
concern: What if high winds top-
ple them�' The concern has be-
come widespread enough tbat the
League of Minnesata Citles set up
a task force to study the situation.
"Now, there's a new generation
af wIreless communications that's
going to require many, �any mare
fac'slitiss," said Ann Higgins, the
}eague's intergoverninental rela-
tians regresentative. "Some of
them are going to be intxusive, and
sorne not sa intrusive. ... The bot- •
tam line is there aze going to be a
Iot more of these things scattered
around on the landscape."
Companies �try
to cooperate
Cammunications officiais say
they try their best to accom�nao-
date cortununity concerns and put
their aniennas or satellite dishes
on e�dsting structures when possi-
ble.
"We're aiways trying to blend
inta the surraunding azea the best
we can," said Dee Austin� AT8cT
Wireless Services spokeswoman.
"But' sometimes it just doesn't
work out the way you'd like to see
it work." �
Plus, Austin said, the increasirig
competition that wilt result in
more towers will aiso Iikely lead to
lawer pr%es far consumers.
The tawer design most favored
hy high-tecli campanies ttzese
days is a single pole, 80 to 150 feet
tall, that bristles at the top or on
the sides with antennas. Satellite
dishes might also be affixed to
them. Sometimes� the tower can
be dispensed with and the anten-
nas fitted onto e�dst�g structures.
Such antennas are nat consid-
ered to be much of a pxoblem in
Minneapoiis or St. Paul becanse
many are attached to buildings.
i "if yau've gat tall buitdings,
• nobody's going to notice putting
• 15-foat antennas an them," sazd
: SL Paul ci .ty planner Rager Ryan.
� In the suburbs, they can be far
more visible.
. . Maplewoad residents
_ squawked late last year when a
• tower abaut 150 feet tall was pro-
posed on the edge of a new resi-
dential azea.
, The City Council denied the
request and enacted its marata-
rium. Tn some cases, even attach-
ing the antennas to water towers
won't stop complaints fram
neighbars about the effect an the
area's aesthetics.
"They thought the water tower
was ugly enough," said Minne-
tanka City Attarney Desyl Peter-
san. °So why put these littte things
s#icking up from it�"
Still, same cities reap iinancial
rewazds by leasing water tower
space to communications com-
panies. BurnsvIlle has Ieased
space far antennas on its ihree
water towers. One of them is cow
ered with 50 antennas.
"It kind af looks like the top of a
pincushian," said Burnsville tech-
nical services director Linda Gloor.
Robbinsdale gets $1Q,000 ayear
from the lease of its water tower.
Plus, it's suburban residents
themselves who have contributed
to the need for all these towers.
"We're ail cantributing our own
problems with the use of technol-
agy," said Maptewood Mayor Gary
Bastian.
• MY � ' ►i1�I�I�1�IV�:ID -!'�:�Ili.�
.T1� �]
May l, 1996
TO: Ma or, Ci Cauncil and Ci Admiiu�tor
Y �Y �Y
�`RUM: 3ames E. Daniel
Public Works Direc o
f SUB,TECT: W ater Tower Antenna Request
DISCUSSION:
The City has recently been contacted by two site selection cansultants acting for two
new wireless communicatians senrices suppliers. They were both interested in installing
antennas on our City water tawer. One of them, APT, has notified us tlzat they have now
found an aiternate site, �24WE:Y�F? Sprint is s1b11 interested in utilizing our tower and has
submitted the attached letter of proposal for Councii consideration.
In canversations with Ms. Michaels concerning the request, we have tald her that the
City's conditions far inst��ling antennas on the water tower would include a$2,000 per month
rent and a requirement that any equipment would be located inside the water tawer and
maunted aff the flaor. She as r�;spanded that Sprint can not meet the $2,{Xl�lmanth rent
requirement. Most cities are receiving $800/month, with only a few key locations recei�ing as
much as $1,2{}Olmanth.
ACTI4N P:EQL�nRED:
Review SBA` s proposal with Ms. Michaeis and determine a course of action.
�'
� �
i
SBA, Inc. • Wireless Communications Consuttants
7625 Metra Boutevard • Suite 235
Edina, Minnesota 55439
FAX: (612) 830-1924 * Phone: (612) 830-1555
April 25th, 1996
City af Mendota Heights
1101 Vic#oria Curve
Mendota Heights,• Minnesota 55118
Attn: City Cauncil Members
Dear Sirs:
�..
.-• •. °-i:� National � International
Your Water Tower located at 2431 Lexington Avenue has been identified as a potential site for Sprint
Spectrum's wireless telec�mmunication equipment. Sprint Spectrum has been awarded an FCC license to
provide "State-of-the-Ark" digital wireless communication servic�s in Minneapolis. Sprint Spectrum has
hired �BA, Inc. to laca#e and lease its communicaiian sites in Minneapalis.
There are numerous benefits to leasing space to Sprint Spectrum. The wireless communication site
provides a source of ren#al income with no investment by the properiy owner. The facility will require na
impraved leaseable space. The facility is unmanned and will not create any additional activity or traffic. The
equipment is clean, quiet, smoke-free, and safe. Best of a11, it wiil provide additional revenue.
We would iike to install the fo4iawing equipment an yaur faciiity:
+ BTS radio equipment cabinets in a lease area af approximate{y 15' x 20';
« approximately 9 to 12 panel antennas;
• cables and associated moun#ing hardware;
« 240 volt, single ptiase, � 00 amp power; and
• telephone line, {T1 span}.
The cost af all utili#ies, phane Eines, and necessary improvements will be paid by Sprin# Spectrum.
The folEawing terms are proposed:
[nitial Term: 5 Years
Annual Rent: $15,OQ0.00
Access: 24 Hours, 7 days/week
Renewa! Rent: Increased 15°/fl �
Renewal Term: 4-five Year Terms
Thank you in advance for yaur time and consideration.
Sincerely,
�e�:�.�.- ` �
°�
Site Selection Specialist
Y � ' ,t
i ui �,ii • :1 !C
May 2, 1996
To: Mayor and City Council
From: Kevin Batchelder, Interim City Ad '' t r
Subject: Allocatian Formula for Payment of Damages - Starks and Fields vs. MFRS, et al.
� _� _ _ � �_ ►I
On November 9, 1995, Judge Rachard Solum ordered the defendant cities in the i
I��innesota Police Recruitment System {MPRS) to pay monetary damages and puni�ive damages
to the plaintiffs, as well as paying the plaintiffs' costs, disbursements and attorney's fees. MPRS
Executive Comnuttee has made a recommendation to tha MPRS group for an allocation formula
to pay these damages. Follawing discussion arnong the MPRS rnembers at a December meeting,
there was general agreement that this propased formula was equi#able. Mr, Charles LeFevere,
attorney far MPRS, is requesting that each member city's Council adopt a resolution agreeing to :�•
the propased formula. '
The allocanon formuta would apply to damages {monetary and punitive} and ta payment
af the plaintiffs' casts, disbursements and attorney's fees. The monetary damages are $156,688
and the punitive damages are $8,500. The court has nat yet made a determinatian an the award
for plaintiffs' costs, disbursements and attorney's fees. The proposed allocation formula is: �
1. Twenty percent (20%) of the damages would be divided equally among the thirly six �,
defendant cities; and
Z. Eighty percent (80°!0) of the damages would be divided based upon each community's
population served at the time of the lawsuits.
Attached you will find a spread sheet that shaws the apportionment of the MPRS damages
under this altocatian formula of 20/80, assuming a tatal damage award of $500,116. Under this
assumption, Mendota Heights portion ofthe total damages would be $7,541. A1so attached is a
sample resoiution for Council consideration.
� r � : � ai; r
Consider the draft resolution agreeing to the proposed allocation formula for payment of
damages in Starks and Fields vs. MPRS, et at. If the City Cauncil concurs, they should pass a
motion approving Resolution No. 96-�, RESOLUTION APPROVIlVG ALLOCATION OF
DAMAGES AND AI:tTHORIZING PA��MEENT T�IERE4F.
�
Attorne�a at Law
LiOHERT A. ALSOP
BRUCE M.EIATTERSON
RpNALD H. BATTY
STEPHEN J. BUBU4
Jo�tn B. DFwrr
DAHIEL J. G�EIIVSiVE[G
DAViDJ• KEx1NEDY
CIiARLFB L. LEFEVERE
Iaax M. i.�Fsve�, .ta.
RdHE&T J. LiNDALL
R06EBT C, LONG
JAMES M. $TxOMMEN
CdRBINE H, THOMSQN
KENNEDY & �RAVEN
CHARTERED
470 Pillsburp CentPr, Mtnneapalls, Mlnnesats�
(612) 337•9300
Fscsimi[e {622} 33?-9310
R'RITEit'S DIFtECi' DIAL
(6i2) 337�9215
MEMqRANDUM
J• TIiQMSON
aP� � � � �o Y �y:[„ WILKINSIM
1"AlYG
L�L1t_.a'.•"-.�"' -
„ ..�......--.�'.�'
��-- �"""���� DAVID L. GRAVEN {1929•1441}
TO: Ciry Managers and Administrators of the Cikies of:
Apple Valley . Oakdale
Brooklyn Center Orono
FROM:
DATE:
RE:
Chaska
Cattage Grove
Faribault
Hastings
Mendota Heights
New Brighton
New Hope
Frior Lake
Ramsey
Robbinsda3e
Rosemount
Raseville
St. Jarr►es
. Charles L. LeFevere�_,,,,�.�;'_.� r��"""�
April i2, 1996
Resoiution af Allocatian af Damages and Costs
OF COUNSEL
R06E&T C. CARLSOH
RODERT L. DAVIDSON
WELLINGTON H. LAW
FLOYB $. OLS4N
CURTtS A. PEARSON
T• JAY SALMEN
Most of the 36 defendant cities in the case af Starks & Fields v. MPRS, et a1. have
adopted the proposed resolution on the allacation af damages and costs which I forwarded to the
cities with my memorandum of February 9, 199b. Hawever, I have not received executect copies
of the resolutions from the cities named abave.
I know that some of the list�d cities have adapted the resolution but have not yet pravided
me with an executed copy. if you city has adapted the resolution, I would appreciate it if you
could send me an executed copy.
If your council has not yet considered the resolution, please submit it for consideration
by your city councii. �
I have nc�t received any indication that there are objections to the resoiukion. If yaur city
council has considered the resolution and declined to adopt it, I would appreciate receiving some
communicatian to that effect. Thank yau far yaur cooperadon.
CLLJcmm
CLL103028
MP110-2
CTTY OF
COUNTY OF
STATE OF MINNESOTA
RESOLUTION NU.
RESOLUTION AFPROVING ALLOCATI4N QF DAMAGES
AND AUTHQRIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of , Minnesota (City}
as follows:
Section 1. Back�round.
�
1.1. The City of 1' ����`G- �(��,ereinafter referred to as the "City") is a defendant in
the cases of Starks v. Minneapolis Police Recruitmeni System, et al.; Hennepin County District
Gourt File No. EM93-219, and Fields v. Minnesata Police Recruitment System, et a1.; District
Court File No. EM93-218. '
. i
1.2. The Court has concluded in said actions that the defendants violated Minnesota
Statutes, Chapter 363, the Minnesota Human Rights Act, in the adminis�ration of the Minnesata
Police Recruitment Systern (SvIP'RS} testing process far entry level polic� officers emplayment
scrcening and that defendants aze obligated to pay certain damages and penalties.
1.3. In its order dated November 6, 1945, the Court @etermined that the defendant cities
are obligated to pay $156,68$ in damages fc�r lost wages and emotional distress. ,
1.4, The Court has alsa determuned that the MPRS, a joint powers organizatian of which
the City is a member, or was a member at the time the actions were commenced, is obligated ta
pay each of the two plaintiffs ptinitive damages in the amaunt af $8,St�0.
. 1.5. The Caurt has nat yet made a deternunation as to the award af plainriffs' costs,
disbursements, and attornays' fees. �
1.6. The Caurt also detemun�d that the unlawful discrimination by the defendants can
reasonably be remedied in part by paying a statutary penairy in the amount af $300,Ot� to the
state of NTinnesota, ar in lieu of such genaity establishing a reasonable minority race hiring
commitment satisfactary to the Court. In the event a hiring commiiment is submitted to the
Court which is found ta be satisfactory, it may be that the payment of a statutory penalty will
not be required,
1.7. The MPRS has proposed that the payment af monetary damages to the plaintiffs
descnbed above in paragraph I.3, punitive damages described above in paragraph 1.4 and
plaintiffs' costs, disbursemenis and attorneys' fees be allocated among the parties on the
following basis: �
�
CLL9$335
MP110-2
�
20�% of such costs would be divided equally among the 36 city defendants. 80% of such
damages would be divided pro rata on the basis of the population served by the cities police
departments as of the time the actions were commenced in January of 1993. Such population
would be determined on the basis of Metropolitan Council estimates for ciries in the metropolitan
azea. For communities outside of the metropolitan area the population would be determined by
the State Demographer's estimates. For communities with service contracts under which police
service is provided to other municipalities, the populations of such other municipalities would
be included in the computation�of population served.
Sec.2. Findines.
2.1. It is in the best interest of the City to reach mutual agreement on the allocation of
damages.
a�n a�c�e,.��l��. �(�1-�.r�
2.2. The allocation proposed by the MPRS is found to be � e, and
consent thereto is in the best interest of the City.
Sec. 3. Approvals and Authorizations.
3.1. The alloc:ation for payment of damages, penalties, costs, disbursements and attorneys'
fees described above is hereby approved. '
3.2. The City consents and agrees to payment of its share of such damages, penalties,
costs, disbursements and attorneys' fees in accordance with the alloc:ation formula described
above. {
4 / hC?"
�� . �
3.3. The City ��SuC'��("-�and � ca �` are authorized and d'uected to make
payment for the City's share of,�inal judgment of such expenses in accordance with the agreed
upon alloc;ation. 5�b� ec F- � n-R- ��� �^-{' v� f.-�-t. ,s�.,;��.,l��.,�% e.� �..-�1
4a Q�� Q.o.. f c� l c a.�- � o�-r f- 6 G- ¢�..�. �`c �--,, ( J v��Gt..-�-1�-•
3.4. This resolution does not amend any previous agreement among the defendant cities
for allocation of defense costs and defendants' attorneys fees; and nothing herein shall be deemed
to be an agreement as to allocation of any statutory penalties which may be awarded in the
future. �
3.5. This resolution constitutes only an agreement between and among all cities which
are defendants in the above-referenced actions which consent and agree to the allocation formula
described above by adoption of substantially similar resolutions. Nothing herein shall be deemed
an admission of responsibility or a liability in any acrion for contribution by any city which has
not consented to such allocation or a waiver by the City of any rights, claims, demands, or causes
of action for c;ontribution by the City against any city whic;h has not agreed to such allocation.
CLL3�3�7�
ME'110-2 2
K 1
1
Ado ted b the Cit Council af the Cit of I���!�������` �� '�' 'this � da' of
P Y Y Y Y
.��� , 144fi.
U �
ATTEST:
�
CLL98335
MF110-2
3
PROPOSED ALLOCATION OF DAMAGES
At the last meeting of defendants in the Starks and Fields lawsuits, the MPRS
Executive Committee was directed to prepare a proposal for the allocation of
damages among the defendants. The Committee further was directed to base such
an allocation partly upon an equal "base" fee per defendant and partly upon the
population of each defendant.
The Executive Committee met on December Sth .to discuss this matter, among other
issues, and it is recommending the following formula for the allocation of damages:
Twenty percent (20%) of the damages would be divided equally among the
defendants;
2. Eighty percent (80%) of the damages would be divided based upon each
community's population served at the time of the lawsuits. .
These lawsuits were initiated in January, 1993, and it is the Executive Committee's
recommendation that the estimated population at that point in time be utilized for
the proposed allocation. It is proposed that Metropolitan Council estimates be
utilized for communities in the metropolitan area and that State Demographer's
estimates be utilized for nonmetropolitan communities. For communities with
service contracts covering other municipalities, the populations of such
municipalities would be included in the computation of population served.
No one knows the total damages in these lawsuits, but the figure of $500,000 has
been used as a"best guess" estimate. If this figure is accurate, the base fee charged
to each defendant would be approximately $2,800 and the fee charged to each
defendant based upon population would be approximately fifty cents per person in
the area served.
i '� J
Community
Anoka
Appie Valiey
8laine
Brooklyn Center
B�ookfyn Park
Chaska
Columbia Heights
Coon Rapids
Cottaae Grove
Golden VaAey
Hastings
Inver Grove H
. �w Hope
New Ulm
North St. Paul
Oakdale
Orono '
Plymauth
Prior Lake
Ramsey
Redwood Falls
Robbinsdate
Rosemount
Rbseviile
St. Anthony
St. James
Skakope
Wayzata
APPQRTlQNMENT C}F MPRS LITIGATION EXPENSES
C?ption 4
1990 Percent ' City Pe; cent
Papuiation of Tatai $2,850 i$0.50 Totat of Total Per Capita
17,192 2.16 2,$50 8596 $ 11,446 2.29°l0 $ 0.67
34,598 4.35 2,850 17299 20,149 4.03% $ 0.5$
3$,975 4.9 2,$50 194$$ 22,33$ 4.47% .$ 0.57
$6,335 10.86 2,850 43168 46,018 9.20°Jo $ 0.53
2$,8$7 3.63 2,$50 14444 17,294 3.46°l0 $ 0.60
56,381 ?.09 2,850j 28191 31,041 6.21°l0 $ 0.55
11,339 1.43 2,85Q 5670 $,520 1.70°l0 $ 0.75
.18,910 2.3$ 2,850 9455 12,305 2,46°l0 $ 0.65
52,978 6.66 2,850 26489 29,339 5.87°l0 $ t3.55
22,935 2.88 2;850 1'i468 14,3'18 2.86°!0 $ 0.62
23,788 2.99 2,850 11894 14,74t1 2.95°l0 $ 0.62
17,Q$5 2.15 2,$50 E1543 11,393 2.28°la $ 0.67
, 28,335 3.56 2,850 441$$ 17,01$ 3.40°!0 $ 0.60
� 2Q,979 2.64 2,$50 14486 13;336 2.fi7°lo $ 0.64
' 15,47$ 1.95 2,$50 7739 1Q,5$9 2.92°l0 $ 4.6$
22,47T 2.83 2,850 11239 2.82°l0 $ 4.63
9,3$1 1.18 2,$50 4691 � 7,541 1.51°la $ Q.$0
22,207 2.79 2,$50 11104 , 54 2.79°!a $� Q.63
21,853 2.75 2,$50 4Q927 13,777 2.75°10 $ Q.63
13,132 1.65 2,850 6566 9,416 1.8$°l0 �$ Q.72
12,376 1.56 2,$50 618$ 9,03$ 1.81 °fo $ 0.73
18,374 2.31 2,850, 9187 12,037 2.41 °lo $ 0.66
7,285 p.92 2,$50 3643 6,/�93 1.30% $ 0.$9
50,$89 6.4 2,$50 25445� 28,295 5.66% $ O.S6
11,4$2 1.44 2,850 5741 8,591 1.72% $ 0.75
12,408 1.56 2,850 6204 9,054 1.81 %$ 0.73
4,$59 0.61 2,850 � 2430' S,28Q 1.06% $ 1.09
14,396 1.$1 2,$50 719$; 10,Q4$ 2.01% $ 0.70
8,622 1.08 2,$50 4311 7,161 1.43% $ 0.$3
33,4$5 4.21 2,$50 16743 19,593 3.92% $ 0.59
7,727 0.97 2,850 38641 6,714 1.34°l0 $ d.87
4,364 0.55 2,850 2'i82� 5,032 1.d1% $ 1.15
9,906 125 2,$50 4953 7,$03 1.56°l0 $ 0.79
11,739 1.4$ 2,$50 5$70 $,720 1.74°l0 $ 0.74
3,806 O.�i8 2,850 'f903 4,753 0.95°la $ 'i.25
20,075 2.53 2,85Q 10038 � 12,$8$ 2.5$% $ 0.64
Z'OfhIS 795030 9999°l0 $102,600 $397,SI6 $ 500�115 IOOAO%
�PTION T�TALS $500,116 ,�-�-
� � ( c � 1 �.. �- � � �,. 5 � a. �-�'
Page 1
� �
� ��� ����t � ��
� h, �a�, c,� �n.. : : � {-� � �; ,.�
e�
t
�M
�.rt -^�n
'` CITY OF MENDOTA HEIGHTS
►r►i1�TIM7
May 2, 1996
T4: Mayor, City Councii and Interim City A ' trator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Fine Revenue Collection Program
Dakota County has been studying a plan that cauld enhance the caurt fine
coltections for Ci#iss in the Caunty. The County in effect acts as a co!lecfiion
agent #or fihe Cities and charges each participating City a��iercentage of the fine
� increase aver the previous year, For the past year, the County has run a trial '
program in four communities and the attached summary shows the effect of the
program during the 1995 period. !n effect, no paymen#s woutd be due the Gounty
unless the fine revenue was increased. �
During the past few years, we have experienced a large fluctuation in fine
revenue. Below are the collectians in recent years.
1995
1994
'1993
1992
'1991
1990
$35,997
$21,660
532,210
547,710
$45,27C}
$33,150
Under the proposed Joint Powers Agreement, the base year for
enhancemen# would be 1994. The use of '1994 woutd work to the detriment of
the City as this was the low point for our collections under the "Joint Powers
Agreement» as proposed. i recommend that we not participate in the program. if
the base year could be moved to 1995, t feel the program could work to the
benefit of the City. ,
I have checked with West St. Paut and they have had a simitar record of
col(ections. When I have inquired, the Potice Department indicated that the
reduction of fines have been due ta lower fines assessed by the Court. Both West
St. Paul and Mendota Heights use the South St. Paul Court, while the Cities in the
trial program use the Apple Valley Court. There could be a difference in fines '
assessed by #he two differenfi County systems. . '
• • - • . f
Discuss the Joint Powers Agreement with �akota County.
The Dakota County Fine Revenue Collecdon
Program is des�gned to enhance fine revenue
collection of overdue payments on behalf of the
Counry and its municipali6es. Prior to last yeax's
pilot of the program (funded by the County's
Innovation Program), there was no active
enforcement of fine paymen� Consequently, many
fines remained unpaid; this caused some revenues
Eo be uncollectable once the statute of limitations
expired.
Screener-Collector Responsibilities.
Currently, the program consists of a screener-
collector who is of�ced in the WesEern Service
Center in Apple Valley. The position is responsible
for the following:
• arrar�gir�g payment schedules on fines and
restitution payments;
• preparing wage ass�gnments for those who
agree to them or those ordered by the court;
• enforoing court orders concernit�g fine and fee
payment assoeiated with misdemeanors, petty
misdemeanors, or ordinance violations (which
may be in the form of fines, surcharges,
assessments, court costs, reimbursement, and
restituiion owed municipalities, county, state,
and victims of offense).
• monitoring monthly overdue accounts, send
delinquent notices, make phone contact, and
recommend suspension of driver's license as
appropriate;
• when necessary, initiatir�g revenue recapture
on overdue accounts;
• communicatir�g regularly with victims who call
with concerns in collection of their restitution;
• monitorirtg and confirmin,g all warrants;
• recommendi�g improvements coneerni�g the
imposition and collection of fines;
• servir�g as a liaison between the Community
Corrections department and the Court
AdminisErator's of�ce coneerriir4$ iine
collecdons.
Program Benefits. Durir�g 199$, the program
was successfully piloted in four munieipalities
.,.
(Apple Valley, Burnsville, Eagan, and Lakeville).
Since then, the followit�g benefits have been
identified:
• increased fine revenues;
• reduced in-court time;
• fewer warrants issued;
• reduced costs in findir�g and arrestir�g
defendanis; and
• more timely and organized fine revenue
collection.
Questions and Answers.
Haa the pilot b�een successftr!? Yes, extremely so.
Over S776,400 has been collected (which is
5186,473 more than in 1994). Additionally, the
program has reeeived a lot of publicity, a number of
articles were written by local newspapers. Specific
increases for pilot municipalities are as follows:
;'siY,�'uf,�IC'.:,<:.: .: �.::<;::<`:;.: :`::>F9�>lt�Y�xtfz�;'::: : �;�.�::� "'::'9'�F:::fr�:��'�►`.�.::
A le Valle S157 212 42.6%
Burnsville 5245 699 21.8%
Ea n S236 096 47.996
Lakeville 5137 488 16.1%
'NO7� obvlously,snmeoftheirrcnasecantxetlribrlla�toe 14%
incrrxxln war�Flaacf. 77xlakeviUeine�ra.xiseLsr�lowrrthan the
othermunJcipalitiu due In thetact tfut the trvrk wrjgh stad'on o,n
l35W tvnimovedlrom Drkoh CounlytoRice County. OverL
x�ht trvek vfulrNon nvrnues wrrrlad to tlre ciounlyand
rauntcipslitrerin 1995.
Will ihe pilot b�e expanded to include other
municipralitres? The County is currently working to
include other municipalities. A joint powers
agrezment has been drafted whieh will establish a
partnership between Dakota County and its
municipalities for the purpose of fundir4$ an
enhanced fine collection program.
Whyisan a,gr�ementnec�ssaty? The agreement is
a mechanism for defrayi�g the cost of the screener-
collector position by sharittig costs with those
munieipalities reapirtig the ben�ts of enhanced
collec6on services.
Whaiifmymruucipalifydo�esn'is{�n ihe
agr�ement? The Court Administrafor is noi
required by law to perform any specitic fine
collection activity. Therefore, the Couniy would
concentrate collecEion efforts in those municipalities
that are part of the agreemenk
To what yesr's fure revenues should we compare
1996 and 1997rev�nues in orrier to deiet�mine if
fhere was an enhana�me,rti? 1994 will be' used as
the base year for comparisons. We should not use
1993 because there were some char�ges in
legislation which resulted in the state receivir�g a
larger percentage of fine revenues. We cannot use
1995 because the collecEor was hired in January of
that year. The program has received a greai deal of
publicity. Consequently, some municipalities
outside the pilot area modestly bene�fed as a result
of the colleetor's efforts.
The fure r�venues for my city increasedlrr 1996
withoui the assislance ofthis program. Why do I
naed a colle+ctor's help? There could be a number
of reasons your fine revenues increased. One of the
most common reasons would probably be because
of the effect of the screener-collector's efforts.
Many defendants in ne�ghborir�g cities have learned
that Dakota County is serious about collecting fines.
Have srryimpr�remenfs baen made t+v the prngram
since ii biegan? Yes; the County recently began
usir�g revenue recapture (seizit�g tax refunds as
payment on delinquent accounts).
What are other counfies doir�g? In Washit�gton
County, a screener-colleetor was hired to monitor
all delinquent fine accounts. In comparir�g a six
month test period in 1992 to a similar period in
1991, the followi�g results occurred.
»: �;::�;�a�i������::��i£���:� �`aiu�:i�i:;:�i�1I>��<:`.?::;.'::: :
:�: � :
::.,;:: .: ;:...:::;;.:.:i?::;: {::.;.:.::<::;.:.;.::: .
..::•..:. :.;.. ..:.:::::::::::.:::::::.:;..:� . .
:.:...: :.; .:::.:.: :::.:.: :....:.. ..:.. :. . . . . . ..
°.>` . :>:::>::: ;i�!af�ii#1:s3:�.fl�::t�a:�`�s::�i:'.dtif�:i�it�� ::::.::::,::;::::.::.::
..�1991. w/o screener-colleetor 196
1992 w/screener-collector 45.896
Takat from �ne Manauement and Public Defender Eljgibilitv
ScrssninQ Proixt by the Coufaatce of Cltief Ju�(ges.
Iflnier�sted in pat�icip�stitags who should I corrtact?
You should contact the Dakata County
AdminisErator, Brand# Richardsan, at 438-�4418.
Whatifai3'�r the agr�aementis s.�ned� my�tfy
dc�cid�s against continued parfiaipation? As covered
on page S of the agrecment, you may withdraw by
- providing the Counfy with written notice on ar
befare I?ecember 1,1996.
Whst if I s{�n ihe a,gr�menf, yei the p.tngram dc�es
r�at produce anyadd�d r�evexiue formy
munici�aliiy? Under ike proposed agreement, a
municipality only contributes to thc costs af the
collection prograrn if there is an increase in
revenues above the base year. If thcre is no
enhanced revenue above Ehc base ycar, tha couniy
is respansible for funding 10096 of the eost af tha
collection program. If thc municipality's share of
the cost cxceeds the amount of the cnhaneed
revenue, the muniaipality will only be respons'b1e
for costs up to an amount af ihe �nhanced revenue
for the year the services were rendcrect,
IPa9ree2.doc
.D�L�TA �'O�I1�►��
--�N.E'�E'V�'.�JZT�" - -
ca.�.�.�cr.roN
.P`�Z�G�����1V1
Do you wani fo Yncrease your
munx'cip$Irfy's firne nevenues?
T�ke � laok $t what we can do ta
mske that happen.,.
�
JOINT POWERS AGREE�I�IENT FOR
ENBANCED FINE RERENIIS COLLECTION PROGRAM
The parties to this Agreement are gavernmen�al units af the
State of Minnesota. This Agreement is made pursuan�t ta the
authority conferred upon the parties by Minn. Stat. § 471.59.
1. �enerai P�urpose. The purpose of t;his Agreement is �o enable
the Dakata County Court Administrator to undertake an enhanced fine
revenue collection program on behalf of Dakota Caunty and one or
�are of the municipalities. The design and content of the enhanced
fine revenue collectian program shall be the sole responsibility of
Dakota County.
2. Definitian.
2.1 .Fine revenue - The fines, penalties and fees collected and
disposed of by the Dakota County Court Administrator
pursuant to Minn. 8tat. § 487.33. -
2.2 Total eahanced fine reveaue - The increase in fine revenue
ir�1�9�9 a d in 199� as compared with the �ine revenues of
� �
,r�,,� ' . ._.�._..
�1994. � �
� .�!,. r,�+�
:.j -� �,��,.
"2:3�,,�a�fanced municipal fine revenue - The increase in fine
revenue allocable to a party in I996 and in 199'7 as
campared wi�th i994. -
2.4 Municipa]. ratio - The ratio of the enhanced municipal fine
revenue to twa-thirds (2j3} of the total enhanced fine
revenue for each year.
2.5 Cost - The actual annual salary and benefits of the
screener-collector position(s).
�
� I
�
I
I
3. Partie�. �The parties �o this Agreement consist of Dakota
;
County and any of the following municipal governmental units:
Apple Va1ley
Burn�ville ,
Eagan ,
Farmingtan
Iiastings �
Snver Grove Heights
. Lakeville
Lilydale �
Mendata
Mendota Iieights
Rosemount ,
Sauth St. Paul
Sunfish Lake ;
# West St, Paul • ,
wha have signed this Agreement.
4. �o�rers and Duties of Dakota County. '
4.1 On behalf of itself and the other parties, Dakota County,
through its Caurt Administrator, shall undertake an enhanced
fine revenue collectior� pragram by establishing and filling the
full-time pasition(s} af screener-ao2lector. The screener-
collector(s} will undertake a prograut designed to increase the
volume of fines callected by (a} reducing the present backl.og
of delinquent unpaid fines and by (b) reducing the rate at
which current Fines become delinquent. '
4.2 Dakota County shall deduct from the fines allocable to any
part,y i.n 1996 and in 199'7 the amount calculated pursuant to
paragraph 5 infra. This deduction shal.l be made i.n sanuary
199? for fines allocable in 1996 and in January 1.998 for fines
a3].ocable in 1997 , '
5. Duty.__ o� A1�. Municipal Gove=nment Parties, Each municipal
gavernmental unit that is a party to this Agreement agrees that �it
will contribute to ihe funding af the screener-collector position(s)
2 ;
by permitting Dakota County to deduct from the fines allocable to it
in 1996 and in 1997 pursuant to Minn. Stat. § 487.33, subd. 5 an
amount calculated in 1996 and in 1997 as follows:
Municipal ratio x 2/3 cost of screener-collector position
for 1996 and for 1997.
6. Withdrawal. Any party except Dakota County may withdraw from
.participation, effective January 1, 1997, upon written notice to
Dakota County on or before December 1, 1996. •
7. �totices.� Any notice required pursuant to paragraph 6�bove
s{hall be sufficient only if it is in writing, and sent by prepaid,
registered or certified mail (return receipt re.quested) to:
Brandt Richardson
Dakota County Administrator
Dakota County Administration Center
1590 West Highway 55
Hastings, I�T 55033 � •
Telephone: 438-4418
_ 8. Effective Date. This Agreement shall be in full force and
effect with respect to any party when signed by Dakota County and
such party, retroactive to the immediately previous January 1.
Parties need not sign the same copy.
9. Renewal Periods. Any �party may renew this Agreement for
additional terms of one (1) year by giving written notice of its
intent to renew pursuant to paragraph 7 above.
s.
3
�..
� IN WITNESS iQHEREOF, the partzes have executed tha.s Agreement on
the dates indicated below.
Approved as to form:
Assi�tant Caunty At�orney/Date
Appraved as to execution:
Assistant County Attorney/Date
� .
Approved by Dakata Coun�.y
Board Resalution Na,
Dakata Caunty Attarney�s Office
Dakota Caunty Judici.al Center
1.560 West Highway 55
Hastings, I�Il�T 55033-2392
Telephone: (612) 438-4438
4
COUNTY f3F' DAKOTA
Michael E. Turner �
Chair, Board of Commissioners
Date of Sigr�ature �
Attest �
Mary S. Schexde
Clerk to the Board
Date of Signature
�
�
�
DRAFT
MEMORANDUM
DATE: April 11, 1996
T0: Dakota County City Administrators/Managers
FROM: Brandt Richardson
Dakota County Administrator
SUBJECT: Joir�t Powers Agreement for Entianced Fine Revenue Collection
Program
I am pleased to forward to you a copy of the proposed joint powers agreement
between Dakota County and the Ciiy of for the provision of
enhanced collection of court imposed fines. This agreement is the product of a
cooperative effort between the cities and Dakota County to improve the
collection of revenue paid by offenders charged in your jurisdiction.
Four cities� involved in the 1995 �pilo�' phase of this program increased their fine
revenues by $186,000 (from $590,022 in 1994 to $776,495 in 1995). In these
four municipalities (Apple Valley, Bumsville, Eagan, and Lakeville) there has
been a significant reduction in overdue fines and an increase in fine revenues.
This is due in part to, dire�t and immediate contact with the defendants after fines
are assessed� coupled with the establishment and monitoring of an acceptable
payment plan. '
Beginning in October 1995� the pilot project also intraduced revenue recapture,
a collec#ion method which enables the county to seize income tax refunds,
property tax refunds, renter's credits, and lottery winnings, as payment for
delinquent fines. This collection method alone has generated more than $800
per day in additional fine revenues.
��,��.'�\t�,�-��`,i�1��i��r• .��.�7
9
,. `
�_
Dako#a Caunty City Administratars/Managers
Dakota County Township Clerks
Page Two
A number af articles. have described the pt�ogram's success {see attaciied}.
Additianally, the Metrapoli#an Council is planning to do an exclusive on the
program in its next edition of Sound Ideas for local gavemment.
As discussed and reviewed at previous CifylCounty Manager meetings, #he
attached joint pawers agreement ou#lines the proposed partnership between
Dakata County and its municipalities which wauld e�ctertd and expand the
revenue collection project. Your City CounciPs acceptance of this proposal
authorizes the County #o: �
• fiand and maintain an Enhanced Fine Revenue Collectron Program on
behalf of the County and your municipality; and
• re#ain a small portian of your municipaii#y's enhanced fine revenues #o
assist in funding the program {see page: 2-3, paragraph 5 of #he
agreement}.
There are a number af potential benefits availab(e to you as a resu(# of your
participafion in the program, including:
+ reduced in-court time;
• increased fine revenues;
+ fewer warrants issued;
• reduced costs in finding and arresting defendants; and
• more timely and organized �ne revenue collection.
ff you wish to have ihe program e�anded #a include your city, please review the
referenced agreement with your City Council, and notify me of your intent by
. For your convenience and ease-a# u�ders#anding, 1 have
also enclosed an example illustrating how a municipality's share of the program
casts will be calculated. If you have any questions or would like assis#ance in
presenting this infonnation #o your City Cauncil, feel free ta call me at 438-4418.
Attachments:
1. Program Brochure
2. Joint Powers Agreement
3. Sample Calculations
4, News articles
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If ihe first thrco indication. 9aeat payers.
piloc project acz a�7
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lector Posiii°° ahaso duty is to
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fihe re�son, ahe aaid. is nm
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aoted anth the hape of 6ein¢
potien.
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ville. Eagaa and Iaver Grovn
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��tz��ta32��Asat Sioomin=.oa, :dd. �::�aW::.. . . ..
th� camih � amta� wi�esa .
SLieicaer esa tenf7 baak ac-
waatsosaeshesabe.nthdrawn j�d7 '10 9$ MAY •} 0 95
� � par Gaea.
'�Iaf�s AOC l P�� �rd IICt�-
SG#.iTr 34O AII tt�"a�.' �1.tiC380II
S��► P�� �,� �° FIIl� �GO��C�IQ11 �?�'O�'�1
ths Dakata Casmtr' Baatd at ib
meetia6 laat 'K�� Of i.i28 .
maa rince its ineept�on, 882 ra�ndes ba� for buck
fine� ha�t � faitj. p�i3, 22d � g
at�t oa paymaisE stitaduie amd 80
sre deliaRus��, �saaistia� ins° The raltY�B a"9 for voters in Iast Novem6e�'s eiectiaas
au 8S psraea �' was '�sore bang for their buck.'
'Yca aa aeeasllT aea We �' A p�at projecL ia F1At�-^-*� r^.,.4 is heeding th� mes-
anitswithlmtlaolossgatWe�a�t � T�� P�3�. which iavotves �i2ecting fiaes fram
�, S��"�'�-'Th� misdemaanar otTeadezs, hs� heea sa successful it 3�celp
buaier at the �ier wuido�s." wili ba made perasaaeat, and ultimately exgaaded.
Under tba program, fiaaaced by couaty monep, a full-
time collector was hired to manitar fine collectioa sched-
ules for pettp misdemeaaar and misdemeanac afi`enders.
In thrce months, according to numbers presented to
the Dakota Countp Board last week. the program has net-
ted 5140,UOQ ia overdue Cicies frnm a sectar af Apple Val-
lep, Harnaville, Inver Grove Heighks and Eagan. That has
gaivanized a system bogged down by e�ccuses and delsys
where th�eats of warrants and drive�'s ticense suspen-
' sions had tittte effeat
Breada SticIuiey, program cotlector, said iis succe'ss is
based on the message that excuses no tonger wilt be ac•
cepted and uttimateiq fargotten or'ignoced. Offenders' fc-
nancial backgraunds and credit histaries are checked and
' direct contacb Ea delinqueut payers are made.
$kic3etey estimates the program atready �as pazd for it-
seif ihree times aver. Tiiat's the gaint the caunty avanted to
maka -- providing izzcentives far gavernment ageacies ta
cut coats by giving them a sap on how savings are sgenG
It is �ssentia3lp a zesearch aad deveiogmeat Locl aimed
at fiading ways to sgead money caore elFciently aad fas-
ter reveaue grnwth.
It is aot a seamless approaeh, but the success of the col-
lectar posi6ion groves it can work, '1'hat's why the state
Legislatnre was wise to ignore Gov Atne Carlson'� pro-
poaal to eliminate a similar state pcogram nnder the
guise af cnst-cutting.
Eliminating coats ia popular* but ax Dakota County
demoaatrated, in government as in busineas, nometimes
�on have to spend:staney to mnke maney. Tiie trick is to
know when.
Fn the case oE innovative funding, it apgears to b� a
8� Piace ta aiark
p/'hst's your opinion? �Ye'd 3ike to kno�v: Please �vrite
!O7 T,ettP.T9 t0 t�1C Cdiln.- �.�- /'••+�^^� �^�^ T' r�:rrn_.�a
�e���.�s
��.�r e�e�.
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Revenue recapture wiil
allow Dakota Gounty to col-
tect more t7�an $1 million in
fees not paid by, misde-
meat�a� as�d traffic offender�.
By Amy Eriksea •
� Staff Wriier
Whi1e dreaded, the annuaI
task of filing income and proper-
tY taaes can turn rewarding But
thase deli.nquent in paying conrt
fines maq find neat spring that
• their refnnd checks aze riot as
large as eapected.
Thai's because Dakota Conn-
tY Courts will be tapptn�mto in-
come and propertq tax refunds to
'' aim unpaid fines.
Anthorized bp tlie state Iegis-
.ature, revenue recapture uses
social security numbers to alezt
the Deparemeat of Reveaue of
people who have failed to paq
fiaes assessed to them. The pra
gram will enhance Dakota Covn-
ty's current court collection pro-
gram, implemeated last January,
Since she started, Court Col-
lector Brenda Jerde has been
successful ia retrieving 90 per-
cent of fines assessed for misde-
meanor offenses and traffic vio-
lations occurring in Lakeville,
Burnsville, Apple Valley and
Eagan. Rather than having the
sentencing judge detemune how
much time an offenderhas to pay
the fine, Jerde urges people to
pay right after sentencing. If
they cannag, she sets up a pay-
ment plan for them.
Revenues through court fines
increa�sed by 42 percent in five
months, partially becanse of an
18 percent rise in dispositions.
But the court collection pro-
gram, which gathered approxi-
r 'y �4Q0,000 this year, has
� ibuted to the increase in
revenues as weIl, said Jerry Win-
ter, court administrator.
FEE5: To' Page l IA
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QCT •25 95
.Sun C�rr�n �
� � OOQ1A� :G:f � �!:: .
NOV • 1 95
�'E�s: �'ax r��u.nds tar et�d
� •
From Front Page Using the last known ad- '�
Because. of the success of the
co�.irt collection program, Daka-
ta County aow wants to collect
on fines assessed befare the pro-
gra.-n bega.n. F3nes leveled �om
19$9 to 1994 which remain un-
paid accaunt for more than $1
mill:on, Winter said.
"Prior to the court collection
.pragr�m, we had no real en-
forcement to meet with peopie
and to foilow up," Winter said.
Instead, those who didn't pay
the fines. were subject to an ar_
rest warrant. or driver's license
suspension, he said.
In order to tap into tax re-
fiuids, Jerde has to Iocate the sv-
cial security aumbers of offend-
ers through court records or with
cooperation from the Depart-
ment of Revenue. A •temporary
empioyee was hired to assist
Jerde until the end of the year.
dress, the county will notify by
mail people whose refunds may
be affected by their failure to paq
court fines, They will �e given
oae Iast opQartuaity to pay the
fine ia arder tn avoid $50 in ad-
ministrative fees tacked on
when revenue recapture is car-
ried ou�. 'Those fees will cover
t3ie cost of the work nec2ssary to
tap into properi.y and income tax
refunds, Jerde said. The countp
will assess �40, and the state
will assess $1Q, she explairied.
Two-thirds of the money
gathered by the county goes to
the city in whica the offense ac-
curred. The rest stays wiih the
countq, Winter said:
While both the caurt collec-
tion and revenue recapture pro-
grams are being applied to only
four communities in Dakota
Gounty, they aze eepected to ex-
pand in the future, Winter said.
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CRAIO BORCK/ PIONEER PRESS
Brenda Jerde,.here in Judge Mary Pawlenty's courtroom in the western servlce center (n Apple Valfey, says she's found her ..
nlche as the new flne collector for Dakota County Dtstrict Court. •
Court collection a ent doin a fine 'ob
g .. g J
■ Her tough approach
keeps the cash coming
BILL GARDNER sraFF wmreR
You've done the crime, and now you
say you can't pay the fine?
Sure you can.
Just do it.
That's the approach of Brenda Jerde,
Dakota County District Court's new fine
collector. In 15 weeks on the job, Jerde
has collected a6out �150,000 from geople
who said they couldn't afford to pay their
fines.
Ls she tough?
"Absolutely," she said. "One of the
judges says I'm meaner than a junkyard
dog." •
Actually, . Jerde, 27, seems 'rather
pleasant, with a livelq sease of humor.
But she's firm, no question about that.
And persistent. A natural bill collector.
"This is kind of my niche," she said.
Jerde is the court system's first fine
collector. The county set up the six-
month pilot project in January with a
grant from the state to eahance fine col-
lections. She's done that.
"She does a beautiful job," said County
Commissioner Jim Mueller.
When a judge hands down a fine, that's
when it's due. Offe�ders who don't pay
right then go directly from the court to
Jerde's office. She isn't particularly sy.m-
pathetic. '
She'll tell them: "If you were going to �
plead guilty tod�y, why didn't you expect .�
to pay a fine?" • � �
If they say they can't pay, she insists !
they iill out an application for a loan.
"They are trying to obtain credit �from
the court, so to speak," she said. "We are
taking a new attitude to what they owe
us. If they can't pay it, they need a loan."
She asks them where they bank, what .
the balances are in their accounts, where �
they work, when and how they get paid.
Sometimes the questions are eaough to.
inspire payment. '
"A lot of them don't want to diwlge
where they bank or where they work,"
FlNES CONTINUED ON 58 ►
,w
1i������ ��� ��• renda Stickney's quiet
j�i% � � � demeanor belies the
tough approach she
. takes to #hose who won't
pay their cau�t fines.
She
persis�s
�n ge#�ing
fll1eS paic�
�'echno�o he� s
� �
CO���� COlrl�' �lile5
here is a new
automatic teller
machine {ATM} at the
Western Service Center in
Apple Valley, and it is a
money-maker for Dakata
County.
The machine was installed
in Januacy as part a# a
larger pilo# program in #he
First Judicial District to help
the County coltect money
from people fined for
various crimes such as
Driving While Intoxicated
{QWI} or Driving After
Revocation (DAR). The
ATM is used only when the
defendants say they have
rio money to pay the fine.
And, sa far, the pi(ot seems
to be working. In the first
mon#h, #here were 317
transactions at #he
machine, abou# 60 percen#
of #hose court-re(ated.
Daily court deposits were
up about 10 percent as
well.
The machine can also be
used by #he public for
typical ATM transactions.
The pilo# was #he brain child
ofi a total quality
management committee of
County and Caurt
employees as well as
industry r�presentatives.
Stickney assumed her new
job as caurt collector in
January and is part of
Dakata County's piEot
project to beef up fine
colEections. She has
warked in the County's
crimina! division for the past
10 years, so she knew what
she was up against when
she taak the positian.
"I have to be kind of tough,"
she saicl.
Stickney deals wiih clients
#hat have been cited for
traffic offenses, and have
pleaded guilty in caurt.
Stickney anly sees those
wha are fined artd can't pay
the entire fee on the spot.
She interviews these
people, discusses possible
payment ap#ions, and often
sets up a payment
schedule, or suggests the
fee be paid by credit card
with the use of the recently
installed automatic teller
machine at the Western
Service Center. Stickney
deals with traffic-retated
cases, which average about
840 each week. A third a#
thase people came to see
Stickney. �
But this isn't where it ends.
Stickney monitors the
payment schedules and, if
payments aren't made an
time, she is on the phone—
to wor�c or home—and
leaves gentle reminders,
oiten on the answering
machine.
�
"People dan't like ta ge#
called at home," she said.
If she leaves a message,
she will often see a client
within an hour, ready to
make a payment.
Stickney has high praise for
the pilot project, noting that
the Couniy is taking in more
money in fines than i# has in
tne past. �
Stickney is alsa worEcing on
the Revenue Recapiure
Program, designed to
collect unpaid fines from
previous years. � Under this
program, Stickney enters
old outstanding fines into a
computer program, and
manitors such things as tax
retums, rent and property
tax crecfi#s, and yes, even
lottery'winnings paid to
clebiars, in order to gamer
those funds to pay the
fines.
The County, she said, has
$1.4 miilion in outstanding
fines dating back to 1988,
and it witl iake her a#ew
months ta enter the old
files.
The pilot project was initially
paid for by the County's
Innovation Fund, which
provides "seed money" for
new and innovative
projec#s. County staff are
working with oth�r
beneficiaries of the increase
in collections to fund
continua#ion of the praject.
Dakata County Update, Summer 1995
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05i07i96 14 : 41 I3AKOfiA COi.N�'iY-AI}M I N I STRAT I ON , 0�2
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J02�iT� �aXSRB A3REEK�iT FOR � � j
EDTEtA�iGSD FI1�i8 xaYaNliB CC�LLECTIQW BROaR1►M ;
The partiee to �his Agreemen� are gaver�mental units ag ths
state a� Mirinesota. This Agreement is made pursuant tc the
autharity confesred upon the parties by Mirm. Stat. � 472.59.
�
1. oe ar� pu�,�. The purpose of this Agrsement is to enable .
the Dakota Cou�ty Court Administrator to uridertake an et�hanced' gine
rever�ue col.lection pragram an behal� of Dakota County artd one or =
_
mor� of' the munici a3lti.es. The desi �
p gn and content of the enhanced� .
gine revenue collection program sha13 be tiie sole res}�onsibi�ity of '
Dakota County. � �
2. �e�it�itio�. �, �
2.1 gina revenue - The fines, pena2�ies and feae colleCted and �
dispased of by the Dakota Cou�ty caur� Administrator �
pursuant to Minn. Stat. § 487.33.
� ,
2.2 Totei aahano�d fiae ravenue - The increaBe in fine revenue :
in 1996 anc� in 2997 as comparefl wlth the fine ravenues of �
� :
1994. .
2.3 $ahanoed muuioipai �iae �revaue - The increase in fine '
rever�ue ailocab7.e ta a party in 2996 and in 1997 as
, ,
compared with 1994.
2.4 Kuaioipal ratia - The ra�fo oZ the enhanced muniaipal fina
revenue �a twa-thirds (2/3) of the total enhanced fine
revenue for each year. �
,
2.5 Cast - The actua2 ai�nual saiary and benefita af ,the
screener-col3.ector position{sj.
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05�H7i96 14:G2 DAKOTA CCX.�ITY-ADMINISTRATIQN
3. 'Pe,�rti�s. The par�ies to this Ag=eement C411si�t oi DBkot�
Caunty and any ot the �ol2owing municf.pal goverrimen�al unitst:
4.
4.1
Apple Valley
Burnsvi2le
Eagan
Farming�on
xastings
Inver Grove Heights
Lakevi�.le
Lilydale
Mendota
Mendota Nsigh�g
Rosemount
South St. Paul
Sunfieh Lake
west St. Paul
who have signed this Agreement.
�+oxere arid Daties o! Dako�a CountY.
ar� behalf of i'�se1� and the other parties, Dakota County,
throu+gh its Court Adiainistrator,•�hall undertake an enhanced
fine revenue caliection program by estabiishing and fil,ling' tha
fu12--tim� pasition�s) aP screener-col3ector. The screener-
aoilector{s} wi�.2 undertake a prcgram designed to �.nereasa the
volume of fines aollected by (a} re�ucing the present bscklog
af delinquent unpaid YineB anc� by �b} reducing the rate at
which current fines become deli»quent.
4.2 Dakota Courity shail deduct fram the �ines allocable to any
party in 1996 and in 19�97 the amount calcul�.ted �ursuant td
paragraph s infra. This deduction shall. be mac�e in January
i997 for fines a3.3ocable in I996 and in January 1998 for gines
aliocab3.e in 19s7.
5. Dutv ot Al1 Mu�,iaipai gavernment F�3r�ieg. EaCh municipal
governmental uizit th�.t is a patty Lo th�.s Aqraement agrees th�t i.t
wili cantribute ta the funding ot' the screener-collector position{s}
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05i0?i9b 14:42 DAiCOTA CQUNTY-AD�iINISTRATION 004
..,. ,
by permitting Dakot�t County to deduct tzom the Eines allocable'ta iti
in 1g96 anc� in 1.997 pursuaat to Minn. Stat. § 48?'.33, subd. 5 an
amoun� calcu].ated in 3.996 and in 199� as followss
Municipal ratio x 2/3 co�t of ecreener-collector pa�itian
for 1995 and for 1997. �
6. xithdrawai. Any party except Dako�a County may. withdraw tram ' _
participa�ion, effective January i, i997� upon written �otice to :
Dakvta County on or befare October 1� 1996.
�. �totia�s. Any notice required pu=�uant ta paragraph 6 above
ghall be sufP3.cient a�niy if it is in writing, and �ent by prepaid, :
regist,ered or certified mail {ret�.rn recefpt reques�edj to:
Brandt Richardson •
Dakota County Administrator •
Da�kota County Administration Center '
1590 West iiighway 55 • �
H�teti».gs, MN 55033
Telephane: �38-44i8 '
8, E�fective Da�. This Agreement sha22 ba in �uZ2 t'orce and
ePPsct wi�th respec� to a�y party when signec� by Dakota cour►ty and
such party, retraac�ive tfl �he immediately previous �anuary 1.
Parties need rtot sign the same copy. '
9. Term. Tbie Agreement applie� to applicable fine rev+�nuea
collec�ed by Dako'Ga County during calen�ar years 1996 and �.9s7., s�t
will apply to Zine revenues co3l�cted in subsequent years i� it i�
reriewed pursuant to pttrag�aph 20 below. ;
it�. Renexai Psriods. .This Agreement will automatically renew �or
addition�el terms cf one� (z} year exa�pt wi.th =esp�ct ta any
municipal governmental unit that timely with�raws purc�uantl ta
paragraph 6.
3
05i07i96 14:42 DAKOTA CC1lfNTY-ADMINISTRATION 005
� IN �ZTi�BB iti[SRE�F, the par�ies have execu�ed this Aqreement on
the dates indicated below.
Approved as to form:
ssistart coun y A toxney/Da�e
Approved as to execution:
Ass�.stant County Attorney/Date
Approved by Dakota County
Board itasolution No.
Dakota County Attorney's Offa.ce
D$kota county �Tudicia2 Ceriter
1560 West Highway s5
Hastirigs, irII,i 55033-2392
Tel�phone: {512� 438-4438
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COUNTY OF DAR+DTA
C►li$� l �ii r � M.a. riBi�
Chair,�8oard of Commissione�s
Date of Signnture
Attest
Mary S. Sche de
C1erk to �he 8oard
Date of Signature
TENTATtVE BUDGET PLANN�NG PROGESS
(Must Certify by September 13, 19961
Preliminary Meeting with Councit
Cut off Books (5 ma.)
Forms to Departments
Forms back to Kathy
Compile and Return to Depts.
Department Meetings
Prepare Draft
Draft to Councii
Council Workshop
Preliminary Approva!
Certify to County
June 4@► 6:34 p.m. - KEViN/LARRY
May 20 - SHIRLEY
June 10 - KATHY
June 20 - KATHY ��
June 26 - July 1- NANGY
July 2- July 10 - KEVIN/KATHY/
PATR[CK/CARRY
Ju1y 10 - Jaly 30
Augus# 2 - NANCY
August 'i 3 - KEVtN/KATHY/
PATRlCK/I.ARRY
September 3 - COUNCl�
Sep#ember 3 3 - LARRY
�
CITY OF MENDOTA HEIGHTS
MEMO
April 25, 1996
,
TO: Mayor, City Council and Interim City A '� t ator
,�,
FROM: Lawrence E. Shaughnessy, Jr., Treasurer �
: SUBJECT: 1997 Budget
. � •�
Once again, it's that time of the year when we begin preparations for the
1997 Budget. In the past, the Council has met with Kevin and Larry in a pre-
preparation meeting to explore the general guidelines for the new budget, and get
specific requests outlined.
The meeting should take about an hour and could be done prior to the
regular meeting on June 4. If we could meet at 6:30 p.m that evening we should
avoid a special workshop on the preliminary budget. Attached is a tentative
schedule for preparation of the new budget.
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Confirm an early meeting on June 4 or determine an alternative date.
LES:kkb
CITY OF MENDOTA HEIGHTS
MEMO
May 1, 1996 ,
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TO: Mayor, City Council, Interim City A �or
FROM: Kathleen M. Swansq� �(�S
City Clerk 1 �
SUBJECT: Meeting Time, May 21
* INFORMATION
The School Board election will be held on May 21, which is also the date for the next
regulaz Council meeting. Because state statute does not allow meetings of public bodies to be
conducted during the hours of an election, the May 21 meeti.ng cannot be convened unti18:U0
p.m. ;
ACTION REOUIRED �'
Council should pass a motion to reschedule the May 21 meeting starting time from 7:30
p.m. to 8:00 p.m.
,-
z
Buil�ing Features:
O 154,120 square feet office/warehouse build.ings.
O 6,400 square foot minimum bay sizes available.
O Quality finish materials, including insulated
pre-cast concrete panels, tinted insulated glass,
and inviting tenant entries.
O Custom designed office space with vestibule
entry and individualized corporate identity for
each tenant.
O Flexible floor plan for a variety of layouts.
O 40' x 40' column spacing.
O Energy efficient design for comfort and energy
conservation.
O�illy sprinklered for high-rack storage.
O 24' clear height ceiling.
O Dock and grade loading access available.
r -�`
_ � Professional, attentive property
management.
Site Features:
O Convenient Freeway access.
O Centrallocation between downtown Minneapolis
and St. Paul. - - .
O Close proximity to Minneapolis/St. Paul
Internat�onal Airport.
O Abundant area amenities. .
O High-growth professional and technical
labor base.
O Established business park environment.
O Abundant site parking and efficient traffic
circulation. �
O 120' truck service area for vehicle maneuvering.
O Attractive landscaping with permanent irrigation
system.
UNITED PROPERTIBS
612 831-1000
�.
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For Lease
If convenience, quality construction
specifications and an established
business park environment are
important to the success of your
business, then visit Enterprise Corporate
Centre today.
Located in the 210-acre master planned
business campus of Mendota Heights
Business Park, Enterprise Corporate
Centre represents the highest
construction specifications that meet the
long-term real estate needs of office,
light assembly, distribution and
warehouse users.
Its ideallocation at the intersection of
Pilot Knob Road and Enterprise Drive in
Mendota. Heights, Minn., make it easily
accessible to I-494, I-35E and less than
five minutes to the Minneapolis/St. Paul
International Airport.
This master planned business park
provides consistent high quality building
designs, beautifully landscaped grounds
and the flexibility to meet your space
requirement needs now and in the
future.
�
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For more information about Enterprise
Corporate Centre, Contact United
Properties at 612 831-1000.
e\"�t�sa _
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CITY OF MENDOTA HEIGHTS
MEMO
Apri129, 1996
TO: Mayor, City Council and Interim Ci �Ad�� 'strator
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Dakota County HRA, Case No. 96-04
Comprehensive Plan Amendment
Discussion
' The Metropolitan Council has approved the necessary Comprehensive Plan amendment
for the Dakota County HItA senior housing facility. Please see the attached letter from
the Met Council and the appropriate Resolution.
According the last year's amendment to the Metropolitan Land Planning Act, the City's
zoning ordinance and its Comprehensive Plan must be consistent by December 31, 1998.
Council Action Required
Pass the attached Resolution authorizing reguidance of the HItA site in the
Comprehensive Plan.
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M�tropolitan Council ����
Working for the Regiorz, Planning for the Fia.ture
April 18, 1996
Patrick C. Hollister
Administrative Intem
City of Mendota Heights
1101 Victoria G�rve
Mendota Heights, MN 55118
RE: City of Mendota Heights Comprehensive Plan Amendment
Redesignation of Parcel &om Limited Business to High Densiry Residential
Metropolitan Council Re%rral File No. 15689-3
Metropolitan Councii Y}istrict No. 15
; Dear Mr. Hollister:
The Metropolitan Counc� staff has reviewed the City's oomprehensive plan amendment received by
the Council on April 11, 1996. The amendment proposes to change a parcel of land from Limited
Business to High Density Residential in the Comprehensive Plan, to provide for the development of
senior housing. We have determined that the proposed amendment has no potential impact upon
any of the metropolitan system plans, and is consistent with the policies of the Regional Blueprint
and with other chapters of the Metropolitan Develapment Guide. Therefore the Council will waive
�-.,� further review and comment and the city may place the amendment into effect immediately.
� Mendota Heights is participating in Iivable Communities and has adopted goals to move toward the
� identi6ed benchmarks in Affordability, Iife G�+�cle and Density. The program to develop 65 units of
senio�i housing in the redesignated area will move the community toward those goals in all three
areas. �t will provide affordable housing by addressing the needs of those at 80% of inedian income,
it will p�vide life cycle options by furnishing non single-family detached units and will provide a
' density of 13 8�units per acre, an even greater density than the identified 10 units per acre multifamily
benchmazk.
'The amendmeat, exglanatcjry macerials and the information submission form will be�appended to the
city's plan in the �Council's files. �, •
Sincerely,
Thomas C.ZGIcElveen, Deputy Director
Housing, Development and Implementation
cc: Kevin Howe, Metropolitan District 15
Carl Schenk, Alex-Edmund DaHinten, Lynda Voge, Audrey Dougherty, Metropolitan Council
stat�
230 East Fifth Sh�eet St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 'IUD/TIY 291-0904 A4etro Info i�ne 229-3780
M Equai �PP�J �
CITY 4F MENDOTA HEIGHTS
DAKOTA COUNTY, MINNES4TA
RESOLUTION NO. 96-
A RESOLUTIQN AMENDING THE CITY'S COMPREHENSIVE PLAN
TO ALLOW FOR �Il2A SENI4R FIUUSING
VVI�REAS, The City of Mendota. Heights wishes to facilitate the constrc�ct'ron t�f affardabie
Senior Housing in the City as a step toward fulfillment of its goals under the Livable Communities
Act; and
WHEREAS, such constructian would be facilitated by the rezaning af certain land wit�iin the City
to R-3; and
WHEREAS, the City has now receive�i approval fram the Metrapolitan Council far the
cone.spc�ncling amendment to the City's Gompxehensive Plau reguiding said 2and,
NUW, THEREF4RE, BE IT RESQLVED by the City Council af the City of Mendota Heiglrts
on tlus 7th day of Ma.y, 1996 that the following land withix� the City be reguided wit.hin the
Comprehensive Plan from Highway Right-of-Way ta HR {High-Density ResidenLial):
1. That part of Lot 1, Black 6, Friendly Hills RE-ARR., according ta the recorded plat thereo�
Dakota County, Minnesota which lies northerly of a Iine drawn parallel with and 1630.00 feet
south of the north line of the Southwest Quarter of Section 25, Township 28, Range 23. Said
1630.00 feet being measured at right angles to said north iine of the Southwest Quarter.
2. That part af ihe East F[alf of the F�ast �Ia1£ of the Northwest Quarter af the Southwest Quarter
(E1/2E1/2NW1/4SW1/4) of Section 25, Township 28, Ra.nge 23, Dakota County, Minnesata,
which lies south of a line pa�rallel with and 9b0.04 feet sauth of tlie north line of the Southwest
Quarter of said section 25. Said 960 feet being measured at �ight angles to said north line of
the Sonthwest Quarter.
3. That part of the West �[aIf of the East FIa1f' of the Northwest Qua.rter af the Southwest Quarter
(Wl/2E1/2NW1/4SW1/4) of Sectian 25, Township 28, Range 23, Dakota County, Minnesota.
whieh Iies easteriy of the westerly right of way lirie of Higliway No. 49 as described in the
Fina1 Certificate filed in Book 72 of Misc�llaneous Records, page 233, and south of the line
parallel with and 96Q.4Q feet south of the narth line of the Southwest Quarter of said Sectian
25. Said 960.00 £eet being measureci at right angles to said narth line of the Southwest
Quarter.
{Subject to all easements oi record. Containing 4.702 acres.�
Adopted'by the City Council of the City of Mendota. Heights this '7th day of May, 1996.
SIGN:
ATTEST:
Charles E. Mertensotto, Mayor Ka.thleen M. Swanson, City Clerk
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