1996-02-06CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
February 6, 1996 - 7:30 P.M.
1. Call to Order -
2. Roll Call
3. Agenda Adoption '
4. Approval of January 16 Minutes
5. Consent Calendar
a. Acknowledgment of the January 23 Planning Commission Minutes.
b. Acknowledgment of the January Building Activity Report.
c. Approval of Revised Policy on Community Use of City Hall Facilities.
d. Approval to Purchase Seven Motorola Minitor II Pagers for Fire
Department Use.
e. Acknowledge Receipt of Letter from Mr. F.T. Weyerhaesuer regarding
Wentworth Avenue Watermain Construction.
f. Acknowledge Receipt of Mediation Efforts on the Cruz Variance.
� g. Approval of the List of Contractors.
h. Approval of the List of Claims.
End of Consent Calendar
6. Public Comments
7. Proclamation
a. Proclamation of March 3-10 as Volunteers of America Week.
8. Unfinished and New Business
- �
a. Discuss Parking Light Request. " ,
b. Case No. 96-02: Tuthill - Subdivision and TIF Request -
RESOWTION NO. 96-07 �-,
�
c. Case No. 96-03: U.S. West NewVector - CUP
,.
;
e
d. Discuss Request for Proposals - Planning Con'sultant Services.
e. Discuss Zoning Ordinance Revision for Motor Fuel Stations and Bank
Drive-In Windows.
f. Discuss Zoning Ordinance Amendments - Senior Housing.
g. Discuss Planning Commission Request for Presentation on State Law
Amendment Concerning Comprehensive Plan2oning Ordinance
Amendment Consistency.
h. Consider Re-appointment of Advisory Commission Members.
i. Discuss Personal Auto Use and Establish the Mileage Rate of
Reimbursement for 1996.
j. Discuss Response to Dual Track DEIS.
k. Discuss Minnesota Police Recruitment Service - Response to Court
Order.
I. Consider Offer from Teamsters Local 320 - Public Works.
m. Consider Subscription to MAMA-LMC Labor Relations Services for
1996 and Provide Direction Regarding Participation in this Program for
1996. -
n. Discuss Sewer Rate Task Force Recommendation and Consider a
Formal Response to the Metropolitan Council.
c � _� �,�«•�
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 Admini�tration at
452-1850 with requests. �
CITY OF MENDOTA HEIGHTS
MEMO
February 6, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, Interim City Administrator
SUBJECT: Add On Agenda for February 6 City Council Meeting
Additional information has been submitted to item 8c (**').
3. Aaenda Ado tRion.
,
It is recommended that Council adopt the revised agenda printed on purple
� paper.
8c. Case No. 96-03: U.S. West NewVector - CUP
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r
Please see attached memo.
KLB:kkb
�
Page No. 1
January 16, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 16, 1996
Pursuant to due call and notice thereof, the regulaz 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 Koch, Krebsbach and Huber and Smith.
AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for
the meeting.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF NIINUTES Councilmember Smith moved approval of the minutes of the
December 19, 199 regular meeting with conections.
Councilmember Krebsbach seconded the motion.
Ayes: 5 '
Nays: 0
Councilmember Smith moved approval of the minutes of the
January 2, 1996 regular meeting.
' Councilmember Krebsbach seconded the motion.
Ayes: 5
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. Acknowledgment of the minutes of the December 13, 1995
Airport Relations Commission meeting.
b. Acknowledgment of the minutes of the January 9, 1996 Parks
and Recreation Commission meeting.
c. Acknowledgment of the Pazk Status report for Dec�mber.
,
:,
d. Acknowledgment of the Fire Department monthly report for
December.
e. Approval to join the Blue Cross Managed Care group for
workers' compensation.
Page No. 2
January 16, 1996
f. Acknowledgment of the Treasurer's monthly report for
December.
g. Approval of the issuance of a cigarette license to Tom
Thumb Stores..
h. Approval of the List of Licenses dated January 2, 1996 and
attached hereto.
i. Approval of the List of Claims dated January 16, 1996 and
totaling $1,267,137.36.
j. Approval of the issuance of a temporary on-sale liquor
license to the Convent of the Visitation School for March 1
and 2, 1996, from 5:30 p.m. to 12:00 midnight, in
conjunction with its annual Menie Market Auction.
k. Acknowledgment of the unapproved minutes of the
December 6, 1995 meeting and the approved minutes of the
November 15, 1995 NDC-4 special meeting.
1. Confirmation of the scheduling of the annual Board of
Review for 7:00 p.m. on Tuesday, Apri12, 1996.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMN�NTS Mr. Ellis Abrahamson distributed copies of a letter from his
legal counsel to the Ivy Falls Homeowners' Association
regarding the transfer of the outlot to city ownership. Mr. Ellis
stated that it is his attorney's opinion that the ballot that the
Association's Board of Directors used to get approval of the
membership for the transfer did not follow the parameters
required by law.
Mayor Mertensotto responded that while Mr. Abrahamson's
concern may have merit, the city is not responsible to see that
the association rules are followed and the city would have no
liability because the association gives the city the deed.
Mr. Abrahamson stated that he has asked the Board to�call a
meeting to discuss the issue. :f
City Attorney Hart informed Council that he has spoken to the
Association's attorney regarding the deed and Council's
comments at the last discussion on the matter, but he has not yet
received a written response. �
Page No. 3
January 16, 1996
Mayor Mertensotto responded that he believes the board was
concerned about transferring the deed in 1995 to avoid taxes in
1996, but since the transfer has not been completed there
appears not to be a rush at this time.
MIDDLE SCHOOL Council acknowledged a memo from Interim Administrator
Batchelder regarding a presentation by School District
representatives on the proposed Middle School. Council also
acknowledged a letter from School Superintendent Dr. Robert
Monson and from Mr. Thomas Smith, 625 Hampshire Drive,
regarding his concems over the proximity of the proposed
building to high voltage power lines which traverse the site. Mr.
Smith, Dr. Monson, School Board Members Janice Cashman
and Tom Weisbecker and Ms. Lois Rockney, Assistant
Superintendent of Business, were present for the discussion.
Dr. Monson stated that he is present to give a presentation on the
preliminary site plans and building plans for the proposed new
middle school. He explained that two new middle schools are
proposed to be constructed in District 197 as the result of a bond
referendum approved last spring. One of the schools will be
constructed in West St. Paul, and the other on school district
property located at the intersection of Huber Drive and Mendota.
Heights Road on 31 acres of land owned by the District.
Dr. Monson distributed copies of the preliminary site plans and
gave a slide presentation on the design of the proposed school
and� the values influencing the design. He explained that the
school will house 800 children, in grades five through eight. He
stated that at this time the plan is that the building will be
situated on the 31 acres closest to a natural ridge and
overlooking a pond. The bus entrance would be from Mendota.
Heights Road, and ten to eleven buses would also enter off
Mendota Heights Road into a bus parking lot. The building is
proposed to be situated within the trees that currently exist. He
stated that the district is hying as best it can to nestle the
building into the existing terrain, and the site will be kept as
natural as possible, with the intent of retaining as many trees as
possible.
Dr. Monson stated that a proposed aerobic workout track will be
available for use by members of the community to enj�y. He
further stated that the district is also thinking about a Small
amphitheater overlooking the pond. He stated that there are
three playing fields, one of which will be multi purpose for
football, soccer and softball. He explained that there are hills
along the west side of the property and along Huber Drive which
will be maintained as much as possible so that the building will
not be seen any more than necessary. He reviewed the design of
Page No. 4
January 16, 1996
the building, explained that there will be fiber optics throughout
and every classroom will have video voice and data capability.
Dr. Monson stated that the site is currently being thoroughly
reviewed by architects and groundbreaking will probably be
early in June, with occupancy anticipated on or about July 1,
1997.
Dr. Monson explained that power lines cross the property from
southeast to northwest, and the district has authorized NSP to
construct new poles to replace the existing "H" frame wooden
poles with a single metal construction pole and to move the lines
twenty feet higher than they aze now. He stated that this is being
done for two reasons - NSP has determined that the power lines
are safe, but replacing them with the higher poles will make
them exponentially safer. Also, there will be one pole in the
ground rather than two H frame poles. He stated that the School
Board does not believe the lines need to be moved since they are
not presently a danger to anyone. He informed Council that the
new poles will be constructed late this summer, and he believes
they will add to the aesthetics of the site. He stated that the
Boazd is trying to design the exterior of the structure to look like
a home as much as possible, and it is the desire that the structure
feel like home to the children and the community. He informed
Council and the audience that the facility will be open to the
community for use.
Mayor Mertensotto asked the height of the existing power lines.
Dr. Monson responded that they are 75 feet high, which is the
right distance between the lowest line and the ground, so that
distance will possibly be extended to a maximum of 95 feet
above the ground.
Mayor Mertensotto stated that in the 1960's there were service
poles in the back of his yard that came down during a storm and
knocked out service to many homes. He further stated that he
thought those were 64 kilovolts and they aze now up to 115
kilovolts.
Dr. Monson responded that the poles the school district is
having built aze sturdier poles, and the metal construction is
heavier than the "H" frame wood poles. He stated tha�he -
believes that the wires are also more securely attached to the
metal poles. Responding to another question from Mayor
Mertensotto, he stated that there are no plans to light the athletic
fields at this time.
Mayor Mertensotto stated that when the school district was
advising the public during the bond issue process, it was stated
Page No. 5
January 16, 1996
that MAC assured the district that there was no problem with air
noise. He stated that the land is within the LDN 65 contour and
the city has an ordinance with sets requirements for added
insulation and window treatrnent. He informed Dr. Monson that
just before the end of the yeaz, the city approved a$3 million
project for Visitation/St. Thomas for air noise attenuation, and
the middle school would not be that far from those schools.
Dr. Monson responded that the school's window design will
accommodate the extra 25 decibels of insulation being installed
and the path of runway 22L is about 1/2 mile to the south.
Councilmember Krebsbach commended the project architects on
the way the building is positioned on the property. She stated
that one of her goals was for a natural buffer, and she asked if
any trees on the norkhwest will be removed as they are sparse
now. She also asked about fiber optics.
Dr. Monson responded that the district intends to preserve the
existing txees, although there is much underbrush that will be
cleazed away and some trees will need to be removed for the
building and the pazking area. Regarding fiber optics, Dr.
Monson stated that the fiber will be brought in from a central
head end room and from there copper wire will be run into the
classrooms.
Councilmember Krebsbach asked Dr. Monson if he knew that
U.S. West has a fiber optics building in Kensington Park and
that perhaps Dr. Monson should check with U.S. West. She also
asked what the building's exterior materials will be and if there
will be a satellite outside.
Dr. Monson responded that he anticipates that the school board
will award bids in May with construction to begin about June 1
and is in the final process of looking at materials. He informed
Council that the building will look like an executive home with
a brick face exterior. With respect to the satellite question, he
stated that there will probably be a satellite some time in the
future but did not know if there will be one in the initial plan, as
the question has not been discussed yet.
Councilmember Smith asked if all the drainage from tl�e �
impervious surfaces will be retained on site and if it v�ill affect
the ponds.
Dr. Monson responded that he anticipates that all drainage will
be retained on site, and that there is a steep hill that will serve as
a buffer to the pond, so drainage will not be to the pond.
Page No. 6
January 16, 1996
Ms. Rockney stated that there is a potential holding pond that
has been designed by the architects to make sure that all
drainage is held on site.
Responding to a question from Councilmember Smith, Dr.
Monson stated that the HVAC units will be on each floor and
the general maintenance facility will be close to Mendota.
Heights Road.
Councilmember Smith stated that the site plan shows a number
of parking spaces for buses. She asked if the buses will be
parked there or if they will only be there for loading and
unloading.
Dr. Monson responded that the buses will not be stored in the
parking spaces but will be there just to drop off and pick up
students. He stated that there is a hill along Mendota Heights
Road and the buses should not be visible from the road. The
buses will wait on the property rather than on the street.
Councilmember Smith asked if the design accommodates a shift
in grade levels should there ever be a need for higher grades in
the facility as well in the future.
Dr. Monson responded that he believes that two middle schools
and two high schools will be what will be needed in the future
but that the board is trying to design a school around an
emerging philosophy and build adaptability into the building so
that the building can be part of the solution fifteen years from
now rather than part of a problem.
Mr. Richard Gabriel and other neighbors of the site were
present. Mr. Gabriel stated that he and his neighbors have had
active interaction with the School Boazd and that he is very
excited about the school. He explained that he and his
neighbors, as a group, met with Dr. Monson to discuss their
concern that the northern boundary of the school property have a
barrier. He stated that a distance between the playing fields and
the property boundary is very important and he and his
neighbors aze very concerned about it.
Mayor Mertensotto informed Dr. Monson about the c�,y's field
needs. :;
Councilmember Smith stated that it is very important to provide
recreation opportunities for the city's youth but Council is very
concerned about intrusiveness of lighting when it is close to
residential neighborhoods.
Page No. 7
January 16, 1996
Councilmember Krebsbach asked if the neighbors are satisfied
with the buffering by the pond and the northwest corner.
Mr. Gabriel responded that their primary concern is the north
line along the ballfields. He further stated that he thinks many
of their objectives can be achieved by good planning and the
home owners are willing to plant trees. He stated that the land
immediately south of him has a very steep grade coming down
to his home and he is directly norkh of the ball field. He felt that
the 100 foot distance between the field and the homes is very
workable and although a tree buffer is a very good protection it
would be costly. He stated that either a tree buffer or a berm is
acceptable.
Ms. Tia Hanson stated that she is on the middle school planning
committee. She stated that the committee and the architects are
also concerned and that she believes there will be a resolution on
the issue and an alternative everyone will be happy with.
Ms. Kathy Gesle, a neighbor, stated that she has four children
who are interested in tee ball and baseball, and she feels it is just
as important for her children to have room to run around in the
woods. She stated that there is not much wooded property in the
city and the neighbors have been able to enjoy the school
property. She stated that she would like to continue enjoying it
as well as the beautiful facility and the wooded property will be
kept for the neighbors and for the school children.
A gentleman in the audience asked how close the northeast
corner fields will be to the road and what the tenain is like.
Dr. Monson responded that the road is about 100 feet from the
end zone and about 50 feet from the cement, and there are some
trees in the area that the district would like to reta.in. There will
be a steep hill going down to the playing field.
Mayor Mertensotto asked when the fmal grading plan will be
available so that the city can put it on display in City Hall.
Dr. Monson responded that it will probably be finished in April
and he will make a copy available to the city.
Mr. Dave Jacobson applauded the design and stated t� t he likes
the fact that the trees will stay. He asked if there will be a chain
link fence or any other fence around the property. He also asked
if the construction schedule will be released.
Dr. Monson responded that there are no plans for fences. He
stated that the district is in the process of putting design
Page No. 8
January 16, 1996
documents out to bid, and that groundbreaking will be on June
10.
Mr. Tom Smith stated that he has two safety concerns and a
question. There is a steep slope leading up to the pond in the
southwest corner of the site. He stated that the slope is about 15
to 25 decrees along the east edge of the pond directly down to
the pond surface. His concern was that it is not heavily wooded
and with 800 children they will likely do some exploring. He
was concerned about the months when there will be thin ice and
the steps that will be taken to provide safety. His second
concern was that ingress and egress to the site is the worst spot
on that stretch of Mendota Heights Road for visibility. He
stated that the access to the main parking lot can barely be seen
from the Huber Drive intersection and traffic goes quickly
around that curve and there have been instances of drivers losing
control of their cars during winter weather. He stated that he
would like to see the city widen the road with a separated lane
for tr�c going east and a turn lane for traffic going west. His
particular concern is the safety of buses coming out of the
parking lot. Mr. Smith stated that his question pertains to power
lines. He stated that the Board's action to raise the poles was
reported by the Sun Cunent on November 29 and the account of
the decision was confusing and contradictory. He stated that his
question is what was the motivation in increasing the height of
the poles and replacing the existing poles.
Mr. Weisbecker responded that the Sun Current article was
written on the basis of a phone call and he was misquoted. He
explained that he abstained from the vote because at that time he
was an NSP employee. Regarding the quote on EMF's, he stated
that he specifically stated that it was an added benefit that the
poles would decrease the magnetic fields - the original
conversation regarding the pole replacement was aesthetics.
Mayor Mertensotto stated that Dr. Monson mentioned that the
Board has been assured by NSP that the children will be safe
from risk, but that is the last source he would rely on as they
have a self serving interest.' He stated that scientists will say
there is evidence of some problems and others who say they do
not know of any affects or studies. He stated that he would like
to get an opinion from an outside source that can tell tl�e Board
that there is no problem based on scientifc data that is available
today. He felt that it is very laudable to increase the height of
the poles.
Dr. Monson stated that EMF readings have been taken and
analyzed and compared to the neighborhoods in the area and the
readings on the site are significantly less than other parts of the
Page No. 9
January 16, 1996
city. He further stated that the feeling is that if it is safe in other
parts of the city, it is safer on the school site because the poles
aze being raised. He stated that the city and the school district
have a common interest in making sure it is absolutely safe.
Councilmember Smith stated that at least eight or nine months
there will be school held five days a week for five to six hours a
day at the site. She sta.ted that the children will be spending
considerable time in the vicinity of the power poles and safety
should be addressed. She stated that there is a difference in the
standard between residences and schools. Children and their
parents have no choice once a school is located. If an individual
chooses to purchase a home in the vicinity of power lines, that is
his choice, but a child attending school has no choice. She
thought it would be a very good idea to establish that the EMF
reading fall below the projected standard at the location of the
school.
Dr. Monson responded that he would like to bring the very
highest standard to the construction, and that the readings that
have been taken standing immediately below the power lines are
a fraction of the readings of household appliances. He stated
that the disixict will take every action it can by situating the
building as far away from the poles as possible and raising the
heights of the poles. He stated that the Board is as concerned as
Council is.
Mr. James Losleben stated that the evaluations have been on the
basis of 115 kv, and asked what assurance there is that the
power company will not go to 230 kv in the future. He stated
that utilities cannot get new right-of-way and if he were on the
school board he would want a document from NSP giving 100
percent assurance that it will not increase the voltage.
Councilmember Krebsbach asked if children are more at risk of
cancer from EMF's because they are in a developmental stage as
opposed to adults.
Mayor Mertensotto stated that it is a legitimate concern and the
school district should go to the best possible authority to get an
opinion on risk based on knowledge available today. � _
There being no further questions, Mayor Mertensotto�thanked
Dr. Monson for the presentation.
Dr. Monson invited residents to come to the school district
office at Sibley High School, and ask for him, to see the plans or
ask questions.
Page No. 10
January 16, 1996
HEARING - WENTWORTH Mayor Mertensotto opened the meeting for the purpose of a
WATER MAIN public hearing on the proposed extension of city water along
Wentworth Avenue between Delaware Avenue and Dodd Road.
Council acknowledged the feasibility report for the proposed
project, a letter of objection from Thomas Garrett, III, 540 W.
Wentworth, and a memo and correspondence from the Public
Works Director.
Mayor Mertensotto stated that under the project, a 30" water
main would be extended from the West St. Paul reservoir down
Delawaze to Wentworth, from Delaware to Dodd along
Wentworth. The St. Paul Water Utility would be responsible for
the extension to Delaware, and Mendota Heights is responsible
for the segment along Wentworth. He stated that the installation
of the watermain would give the city much more reliability, as
now water is being fed to the city through a 12 inch line on
Emerson and a 16 inch main from the reservoir. He explained
that the main purpose is to get a new supply line to feed the
city's water tank.
Public Works Director Danielson reviewed the proposed project
for the audience
Mayor Mertensotto acknowledged the letter from Mr. Garrett
and noted that Mr. Garrett states in the letter that the two
Wentworth properties closest to Dodd will not be assessed. He
stated that the properties currently have city water available
from an existing main and cannot be assessed again.
Public Works Director Danielson stated that the proposed
project is the first phase of a total project to bring large volume•
water main to Dodd to solve a water supply problem in the city.
He explained that the dilemma with this project is that typically
there is normal sized watermain and the costs are distributed to
both sides of the street. The city cannot recapture its costs in
this situation, so staff has suggested using an assessment rate
equal to that used for a large new subdivision with large lots.
He informed Council and the audience that staff feels this is the
most equitable method of assessing the project.
Mayor Mertensotto asked for questions and comments�from the
audience. :;
There was discussion over Foxwood Place connections. Public
Works Director Danielson stated that St. Paul Water requires an
individual service from the main and might allow the city to
bring in a four inch main.
Page No. 11
January 16, 1996
Mr. John Murphy, 650 W. Wentworth, stated that it seems to
him that there was discussion about running water along
Wentworth when the Marie Avenue water was installed. He
stated that at some point there will be a need for sewer down
Wentworth, and if water is to be installed on the south side and
once the 30 inch line is installed the city cannot put sewer below
it and would not want to put sewer lines on top of the water line.
He also stated he and his neighbors feel that assessing the eleven
properties on Wentworth for 9.3% of the total cost is to great of
a percentage and they would like Council to reconsider the
assessment rate.
Mayor Mertensotto responded that he has suggested to staff that
an appraiser be reta.ined and that he use the Garrett property as a
sample.
Mr. Murphy responded that the properly owners are not arguing
the need for more water. He stated that another issue raised in
Mr. Garrett's letter is that Wentworth will be closed for much of
the summer and he suggested that the city have contract
penalties for not meeting the completion date. He felt that there
should be a guarantee that the project will be completed on time.
He stated that the property owners would like Council to
consider the assessment rate as the owners main point.
Mayor Mertensotto responded that he feels Council should
proceed with getting an appraisal done as to whether the
proposed assessment is a reasonable assumption on value.
Regazding the question over sanitary sewer, Public Works
Director Danielson stated that the Wentworth properties will be
getting the benefit of water because the project will bring in a
line for the entire city. He explained that this is the only reason
the city can afford to extend water along Wentworth. He
explained that sewer would likewise be very costly to install,
and his recollection was that in the past there was discussion
about bringing sewer up from the south rather than along
Wentworth.
Councilmember Krebsbach asked if the neighborhood wants
sewer.
Mr. Murphy responded that he cannot speak for his n�ighbors on
the issue but all of them have done extensive work on their
septic systems and he did not believe any need sewer at this
time.
Mayor Mertensotto asked if staff can reconsider putting water
on the north side so that in the future there would be sewer on
Page No. 12
January 16, 1996
the south. He felt that if it is economically feasible, the
watermain should be on the north side of the street.
Mr. Murphy stated that he just wants to make sure that Council
has thought about where future sewer could go.
t
Mayor Mertensotto suggested installing two inch services.
Mr. Richazd Berens, 630 W. Wentworth, stated that from his
point of view there is little value for the water main. He stated
that he has a water system in place and so do his neighbors. He
stated that his home is about 1/4 mile from Wentworth, so the
chance of his home ever being connected to the system, even if
he wanted to, would be very expensive. He stated that the
property owners are not looking for something for nothing, but
the water main would not provide him with something he wants
or can use. He stated that it would be cheaper for him to dig a
new well. He asked what Wentworth will look like when the
project is done.
Public Works Director Danielson responded that Wentworth
will be restored to what currently exists.
Mr. John McMahon, 620 W. Wentworth, stated that he agrees
with his neighbors about the distance from their homes to the
watermain. Regarding using the north side of the street, he
thought the north side is more appropriate and it would also
allow the residents to get into their driveways during
construction. He asked about the sequence of events.
Public Works Director Danielson responded that Council is
being asked to order plans and specifications this evening so that
the project can go to bid and construction can begin next
summer. He stated that the assessment hearing will occur after
the project has been completed.
Mayor Mertensotto stated that the assessment hearing will be
later on, and the city will have an appraisal done. He informed
the property owners that they do not have to submit an
assessment objection at this time. He invited the residents to
contact the engineering department at any time to ask questions
about the location of the line, access during constructi�n or any
concerns they might have. :;
Public Works Director Danielson stated that he will send out an
informational letter to all of the property owners based on the
questions received tonight.
Ayes: 5
Nays: 0
Page No. 13
January 16, 1996
Mr. Berens asked if the city has considered widening Wentworth
to provide a walkway.
Mr. Danielson stated that it would be very costly and difficult to
construct a walkway given the terrain, trees, etc.
Mr. Jerry Mazzarra asked if the city would reassure the
residence about impact on existing vegetation.
Mr. Danielson responded that there will be an 8 foot trench, and
he does not anticipate much impact on vegetation.
Park Commission member Stan Linnell stated that the
commission has discussed the need for a walk way along the
golf course or on both sides of Wentworth.
Mr. Danielson stated that staff can look at an off-road trail on
the south side if the residents want to grant easements.
Councilmember Huber pointed out that there is a steep drop off
and construction would be very difficult.
Ms. Gretchen Sjoholm stated that she is not being assessed for
the project, but living at the corner of Wentworth and Delaware
she is not interested in an off-road trail because people would
come on her property. She stated that if the street could be
made four feet wider she would support a trail.
There being no further questions or comments, Councilmember
Smith moved that the hearing be closed.
Councilmember Krebsbach seconded the motion.
Public Works Director Danielson informed the residents that St.
Paul Water will install the 30 inch main.
Mayor Mertensotto asked how the city would know it will not
cost more to have St. Paul do the work than if the project were
bid out. He stated that staff should test the market and go to bid,
as Council wants to be sure the city will be getting the best
price.
� �
Mr. Danielson responded that 30" pipe is not the kind:�of pipe
that can be bought "off the shelf," and it must be ordered
immediately.
Mayor Mertensotto stated that the specifications can state that it
excludes pipe material because that is being purchased by St.
Paul Water.
Ayes: 5
Nays: 0
Page No. 14
January 16, 1996
Councilmember Krebsbach moved adoption of Resolution No.
96-06,'RESOLUT'ION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS TO
SERVE WENTWORTH AVENUE AND ADJACENT AREAS
(IMPROVEMENT NO. 95-4, PROJECT NO. 9014)."
Councilmember Smith seconded the motion.
Staff was directed to address the concems of the property
owners.
DAKOTA BANK/SUPER Council acknowledged a memo from Treasurer Shaughnessy
AMERICA along with a letter from the Dakota. Bank and SuperAmerica
regazding proposed redevelopment of the Curley site located at
T.H. 110 and Lexington Avenue and TIF participation in the
project. Bank President John Seidel and Mr. Sam Van Tassel,
from SuperAmerica, along with Architect Jack Boarman were
present for the discussion.
Mr. Boarman reviewed concept option 3. He stated that the
SuperAmerica will need planning action, but the bank meets all
ordinance requirements. He stated that the proposed residential
lots do not meet cunent standards, and a new acoustical screen
and tree buffer will be developed if the residential use is
developed. He stated that the bank will be 26,000 square feet on
three levels, and the SuperAmerica will be a 3,500 square foot
facility.
Mr. Van Tassel described the proposed SuperAmerica, stating
that it would be a typical SA facility consisting of a 3,500 square
foot building with a car wash. There are three islands proposed
in the front to fuel twelve cars at one time.
Mr. Boarman stated that he is just beginning the design process.
He stated that there is a schedule in Council's agenda showing
community meetings and dates for Planning Commission
consideration of the SuperAmerica site.
Mr. Seidel gave a history of the project, stating that the bank has
the property under contract and needs to act on the contract by
April 1. He explained that the bank's agreement with � -
SuperAmerica is that they will not ask the city to und�rtake
contamination clean up. He stated that both the Curleys and
SOS are under contract.
With respect to the existing barrier wall and evergreen trees,
Mayor Mertensotto sta.ted that the existing trees aze dying
because the sun cannot get to them. He stated that the Curley
Page No. 15 .
January 16, 1996
neighborhood is probably equally divided on whether to keep
the buffer or provide a new one. He stated that another
neighborhood concern in the past was that redevelopment of the
site include a 30 by 30 area for the existing automotive repair
service to continue serving the neighborhood. Another concern
is over the decor of the SuperAmerica building - he stated that
Council would like to see that the building complement the
decor of City Hall. He stated that the number of gas pumps will
also be a problem - the immediate market is the residents in the
area, and possibly some traffic from T.H. 110, but Council does
not want to see the site as being a highly visible corner for motor
fuel service. He stated that he understands that SA is looking at
constructing a facility on T.H. 55, and he could possibly see that
as more of a major station.
Mr. Seidel responded that he is working with the mechanic to
relocate his shop, and as far as decor, one of the major priorities
for the bank is that it wants to be in an area that is attractive. He
did not want to have the bank on the site with SOS, and so he
went through the effort of obtaining the site and working with
SuperAmerica for a common goal of having an attractive site for
SA. '
Mayor Mertensotto pointed out that outside storage of
merchandise would be prohibited.
Mr. Seidel stated that he needs some indication regarding the
TIF issue.
Councilmember Smith stated that she reviewed the TIF items
briefly and is not quit sure. She stated that there was discussion
about the frontage road and funding for that, and she needs
additional input about frontage road costs.
�
Public Works Director Danielson responded that staff has
submitted an application for cooperative agreement and cost
sharing to MN/DOT and they have not yet responded. He stated
that tlie $169,000 is the owners' cost.
Mr. Boarman stated that he looked at site work on the
SuperAmerica site, the bank site and the frontage road as
eligible TIF costs. He stated that there is $550,000 in �tal site
work and the development will have about a$2.5 mill�on market
value. He explained that between now and March he will flesh
out all of the issues and costs.
Councilmember Smith asked what the elements of the site costs
are. '
Page No. 16
January 16, 1996
Mr. Boarman responded that the access of the frontage road and
the utilities that would relate, demolition of the existing
buildings, 10% of contamination clean-up costs, the buffering
and sound barrier, the potential excavation and grading and
surface work that relates to the project itself are the site costs.
Mayor Mertensotto pointed out that the Tax Increment Tax Flow
and Pay as You Go Not extend out to the year 2010, but the Tax
Increment Dislrict ends in 2006.
Councilmember Krebsbach stated that as a member of the
Council subcommittee which has been working with Dakota
Bank and SuperAmerica, the number one Council concern is
that the project be on a community scale and that it fit the city.
She stated that she is interested in what the neighborhood thinks
about the number of residential lots or whether multi-family
would be more appropriate. She also questioned the caz wash.
Councilmember Smith stated that one thing that was not
resolved was the hours of operation for SuperAmerica. She
stated that it was SuperAmerica's preference to leave the facility
open 24 hours a day, and she would like community input on
that issue.
Mr. Van Tassel responded that most of the suburban stores are S
open 24 hours and that the third shift sees more of the localized
use. He stated that typically people who use the facility from
T.H. 110 will be the morning rush hour, and the rest of the day it
will generally be used by local residents.
Mr. Boarman stated that he anticipates reviewing the site plans
to take into consideration the input from the Council
subcommittee. He further stated that the SuperAmerica
drawings aze being prepared so that site plans can be shown to
the community at a neighborhood meeting on January 24.
Mayor Mertensotto informed Mr. Seidel that on Pay-as-You-Go
TIF, Council does not allow transfers and TIF terminates upon
sale. He stated that Council does not permit the transfer of Pay-
as-You-Go TIF.
Responding to a question from Councilmember Huber#Mr.
Seidel stated that Dakota Bank is cunently a tenant l�asing
7,000 square feet of space in its existing location.
Councilmember Huber asked when people come up from the
intersection if they are going to see a bank or a gas station. He
stated that he would like them to see a nice bank structure with a
Page No. 17 :
January 16, 1996
gas station beside it rather than a big gas station with a bank
behind it.
Mr. Seidel responded that the bank wants visibility from both
directions.
+
Mr. Boarman stated that SuperAmerica will be three to four feet
lower than the bank entry level, and the two story building will
clearly make the bank a strong structure on the site. He stated
that he does not want the bank to be a back drop to the
SuperAmerica.
Mayor Mertensotto expressed Council's concern that lighting
must be kept on the site.
Councilmember Krebsbach was excused at 10:30 p.m.
Mr. Van Tassel stated that SuperAmerica has done some unique
buildings where it has received awards. He stated that city staff
has suggested a hip roof on the canopy and this will be done
becau'se SuperAmerica wants to fit in. He stated that
SuperAmerica has done some unique designs and will work with
the city.
Mayor Mertensotto summarized the questions: the amount of
TIF being requested and how much TIF Council is willing to
contribute; what the TIF contribution would be to
SuperAmerica and what it would be to Dakota Bank.
Councilmember Smith stated that the Curley site has been
targeted for redevelopment for some time and this is an
attractive proposal before Council. She pointed out that it is not
clear that the TIF numbers which have been submitted will be
the final numbers, and she stated that she would be willing to
approve TIF for the redevelopment. She informed the applicants
that Council asks that the TIF recipients draft an opinion to the
city that the costs are allowable under TIF legislation. She
noted that she believes this is the first TIF request for �
contamination remediation and she stated that she wants to make
sure that that would be an allowable cost.
Treasurer Shaughnessy stated that the TIF district run�lthrough
2006 and that he has suggested that the city treat the €rontage
road similar to the west side of Lexington where the TIF picked
up the city costs after the contribution from the state. He stated
that if frontage road construction costs $160,000, the city has to
pay 40% of the cost, but Council may want to extend the street
further and add curb and gutter, etc. He stated that those are
Page No. 18
January 16, 1996
costs that the developer cannot answer and staff cannot answer
tonight.
Mr. Boarman responded that the total site cost for everything is
$499,000, so the TIF request will be that amount or less,
depending on what is eligible for TIF.
Councilmember Huber stated that the $499,000 will come down,
since the district only goes to 2006.
Mr. Boarman stated that the applicants would like to know
whether Council will consider TIF for the project.
Councilmember Huber responded that he would support the use
of TIF and believes it would be appropriate for development of
the difficult Curley site.
Mayor Mertensotto stated that the amount of the contribution
will be reflected in the type of development ihat will occur. He
stated that whatever money the city puts into the project will be
worth it, and he feels that Council can generally agree that there
will be a TIF contribution.
Councilmember Smith stated that the bonus with this particular
proposal is that it is very likely that residences will be
constructed on the additional lots. She stated that Council is
certainly interested in the neighborhood comments, but what is
being proposed is compatible with residential neighborhoods
assuming a buffer can be established.
Mayor Mertensotto agreed that there must be some kind of
buffer between the residential neighborhood and the commercial
site.
INTRODUCTIONS Mayor Mertensotto introduced Administrative Intern Patrick
Hollister.
COLINCIL COMI��NTS Councilmember Huber reported on NDC-4 Cable Commission
discussions.
Councilmember Smith stated that she has received cal�s from
Friendly Hills residents who feel that the driving area�n
Decorah is two narrow, and that people do not stop at Pontiac.
She suggested that "stop ahead" signs be installed and that there
be more stringent police enforcement on Decorah.
,� �
Page No. 19 .
; January 16, 1996
ADJOURN There being no further business to come before Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 11:13 P.M.
:
ATTBST:
Charles E. Mertensotto
Mayor '
Kathleen M. Swanson
City Clerk
�
:;
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES � -
JANUARY 23, 1996 �
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, January 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 John
Uban, Senior Secretary Kim Blaeser and Administrative Intern Patrick Hollister.
HEARING:
CASE NO. 95-31:
MENDOTA HEIGHTS MOTEL -
VARIANCE
The Planning Commission acknowledged that Mr. Jaykar Bhakta, owner of
the Mendota Heights Motel, located at 2180 Highway 13, was not present
to discuss a request for a sign height variance.
The Commission briefly discussed Mr. Bhakta's request and it was noted by�
Planner Uban that not enough information regarding the sign was submitted
to answer questions regarding structural integrity and sign area.
Commissioner Lorberbaum noted a discrepancy between the Planner's
report and the Signatures of Consent form regarding the sign height�
variance. She asked that this information be confirmed and that property
owners be informed if there was misinformation given.
Chair Dwyer moved to table the discussion until February 27, 1996 at 7:30
P.M. because the applicant was not present to discuss this request and that
staff should inform Mr. Bhakta of the Planning Commission's decision.
REVIEW REQUEST FOR PROPOSALS
FOR PLANNING CONSULTANT SERVICES
�
:,
The Planning Commission noted that Dahlgren, Shardlow and Uban have
served the City since the 1950s. Planner Uban informed the Commission
� �
that DSU had found that the written contract has not been renewed over
the past nine years and that no fees for service have not been increased.
Chair Dwyer stated that it is appropriate to "test the market" in lieu of simply
agreeing to a new Planning Service with DSU.
The Commission was of the consensus to send RFPs to DSU, NAC, BRW,
Barton-Aschman and McCombs, Frank, Roos Associates.
The Commission appointed Commissioners Betlej and Duggan to be involved
in the final selection process.
MISCELLANEOUS
Commissioner Friel reviewed information about Legislative action regarding
Comprehensive Plan/Zoning consistency. He stated that with this action,
the City's Comprehensive Plan becomes the ruling document in zoning and
comprehensive plan amendments occur without proper notice to nearby
attended property owners.
The Commission discussed the importance of informing the community of
Comprehensive Plan Amendments and Rezoning Amendments.
The Commission directed staff to send a letter to our legislators asking them
to describe where this change came from and explaining where they stand
on the issue and to also send copies of the letter to representatives from the
Metropo(itan Council and the AMM.
HEARING:
CASE NO. 96-01:
SUPERAMERICA -
CUP AND VARIANCES
�
Mr. Michael Cronin, of Michael Cronin and Associates, representing
SuperAmerica, was present to discuss a request for a Conditional Use
Permit and Variances which would allow the development of a 2 acre site
located along Mendota Heights Road between Northland Drive and Highway
55 for a new SuperAmerica convenience store of approximately 3,500
square feet with an attached car wash.
�
Mr. Cronin explained that the proposed building will be set alon j` the most
narrow and only non-frontage edge of the site which would preserve the
visual openness of the intersection. He explained that the proposed building
will be of masonry construction and have a shingled hip roof, brick exterior,
2 �
and non illuminated fascia. He explained that a canopy will cover the gas
area and that it will be internally illuminated with the SuperAmerica
trademark signs and will have non illuminated fascia.
Cronin explained that there will be a car wash�identical to those in..use at
other SuperAmerica stores in the metro area. He explained that the car
wash will be designed so the doors remain closed and the car remains inside
during both the washing and drying cycles. He informed the Commission
that there will be windows in the car wash which will help break up the
building elevations.
Cronin explained that signage will be located on the front of the store,
above the car wash, on the canopy and on a pylon sign on the Highway 55
frontage.
In response to Planner Uban's comments, Mr. Cronin stated that
SuperAmerica can redesign the southwest corner of the property to
maintain a twenty foot setback service area and that they can install more
landscaping. He explained that they can revise the lighting to a lower level
of intensity in the southwest corner of the property and that the property
will be irrigated.
Cronin explained that most of the parking activity will occur under the
canopy and that the long term parking will be used by employees and will
be screened by trees.
Cronin stated that gasoline prices will be advertised on a free standing sign
with prices also being advertised on the pumps.
Cronin stated that the boxelder and elm trees will be removed from the site.
He explained that trees removed from the MnDOT right-of-way will be
replaced with extensive landscaping. He informed the Commission that a
landscape plan will be filed with MnDOT.
Commissioner Duggan inquired about maintenance of the MnDOT right-of-
way. He also inquired about the "For Sale". sign on Highway 55 and if it is
on MnDOT property.
Mr. Cronin explained that the front yard setback of 60 feet for a�
convenience store is set by the specific standards for this use, 21.2(2)b and
by the general provisions of the B-3 District. He stated that Section 17.4(5)
requires a 100 foot front yard setback from adjacent major thoroughfares.
� Cronin stated that strict application of the three front setbacks to this parcel
3
would create an undue hardship due to the #olEowing three conditions:
1. The orientation of the narrowest side of this iot being parallel to
Highway 55.
2. its most narrow dimension {2fl4 ft� being perpendicular to Highway
55.
3. The need to maintain a 140 foot setbaek from TH 55 and a 60 foot
setback from the paraltel NorthMand Drive rather than a 30 foot front
setback generatiy required in the B-3 District.
Cronin stated that without the variance, the portion of this iat not in a
required yard would be reduced to a narrow strip, varying in width from 4�
feet to 140 feet, east of the centerline of the property. The impact of
granting this variance reducing the se#back along the Highway 55 frontage
fram 100 feet to 60 feet is mitigated by the 1'10 foat wide portion of right
of way between the Highway 55 roadway and the property line of the site
and the maintenance af a 60 foat setback from that property line. Cronin
stated that white this setback extends 3fifl feet parallel to Highway 55, only
45 feet will be encroached upon by the building. The remainder is open
parking, circulation, and gasoline pump islands.
Cronin stated that a zoning advantage gained by having three frontages to
the site is that the permitted sign area is increased dramatically. However,
SuperAmerica is faced with the practical problem of Eocating a singEe pylan
sign to serve three frontages. He explained that the proposed sign site is
aligned with the rnajor tharoughfare, Highway 55, but will be visibte to
persons looking into the site from Mendota Heights Road, though located
weEl off the roadway. Cronin explained that due to the shape and dimension
of the site, the sole canforming location far a pylon sign, not in a parking or
circulation area, is between the parking area and the Mendota Heights Road
access. Cronin stated that the location afi this spot creates an undue
hardship for visibility from Highway 55. The location proposed remedies
this hardship, and is more compatibte than placing the sign behind the
landscaped and apen edge of Mendota Heights Road.
Cronin stated that due to the 154 foot distance from the sign to the actual
roadways of both Highway 55 and Mendota Heights Road, SuperAmerica
should be permitted to use a portion of their unused sign area to increase
the size of the sign faces from 1 �0 sguare feet to 148 square fe�t and
reduce the ground clearance of the sign from 14 feet to 8 feet 9' in order to
accommodate #he sign within the 25 foot height limit.
Cronin also expiained that a portion of the trash enclosure encroaches into
4 �
�
the 60 foot setback from Northland Drive. Cronin explained that meeting
the double front yard setbacks at this very narrow end of the site for the
enclosure would create an undue and difficult hardship.
Cronin explained that the SuperAmerica building will be a useful addition to
the City of Mendota Heights.
Chair Dwyer recognized the awkward nature of the site. He inquired if Mr.
Cronin has submitted a revised plan which includes revisions as suggested
by Planner Uban. Mr. Cronin responded no and that he is asking that the
Planning Commission move this application forward with the stipulation that
SuperAmerica submit a revised plan for City Council review.
Chair Dwyer inquired if the SuperAmerica will be a 24 hour operation. Mr.
Cronin responded yes. Chair Dwyer inquired if there will be an ATM
available. Mr. Cronin responded yes. Dwyer inquired if there will be diesel
fuel available. Cronin responded that they will have one single diesel island
and that they try to discourage semi truck traffic. Mr. Bill Bahl,
SuperAmerica Zone Manager, explained that SuperAmerica uses a specific
fuel blend which tends to be too expensive for semi truck traffic.
In response to a question from Commissioner Duggan, Planner Uban
explained that the calculation for total sign square footage includes both
sides of a sign.
Commissioner Duggan stated that with the elimination of the trees on the
MnDOT site, landscaping should be installed and controlled so the sign will
always be visible.
Commissioner Betlej stated there are two significant trees on the MnDOT
property. Mr. Cronin stated 'that MnDOT will be marking the signifii;ant
trees.
Commissioner Duggan inquired if SuperAmerica will be purchasing the
MnDOT right-of-way and if not, how MnDOT allow SuperAmerica to install
landscaping. Mr. Cronin explained that private parties can petition the State
for landscape improvements on State right-of-way.
The Commission discussed the hours of operation and the possib�e
maximum amount of traffic the SuperAmerica anticipates serving. Mr.
Cronin explained that a 24 hour operation avoids chances of burglary
because no one is leaving with money and that there are always two people
in the store.
5
Chair Dwyer stated that the Police and Fire Department should be given an
opportunity to review this proposal. ' �
Commissioner Koll inquired about hazardous material spillage and car wash
drainage. Mr. Cronin explained that the water from the cash wash will drain
into the sanitary sewer system. Mr. Bale explained the process of cleaning
hazardous material spillage.
Mr. Bale stated that the proposed SuperAmerica station will not be a service
station and that a bakery may be included.
Commissioner Koll noted that the car wash exit area is narrow and she
inquired if ther� will be vacuum service available. Mr. Cronin explained that
vacuums will be available before the car is washed.
Chair Dwyer noted his concern about setting precedence for other gas
stations in the City by approving a 24 hour operation. Commissioner Betlej
stated that a 24 hour operation, in this area, seems appropriate.
Commissioner Lorberbaum inquired if SuperAmerica representatives are
aware of any Industrial sites in Mendota Heights that are open 24 hours.
Mr. Cronin stated that it is not just the business market SuperAmerica is
trying to accommodate but also the residential market.
Commissioner� Duggan stated there is only so much traffic that can be
generated through Mendota Heights. He stated that the City does not want
more traffic and that the City does not need a lot of gas stations. He stated
the City needs to be certain that this gas station can survive and that we
need to protect the existing gas station businesses in the City.
Commissioner Betlej inquired about the Zoning Ordinance requirement of
storing trash within the principle structure. Planner Uban stated�co�firmed
that the Zoning Ordinance requires trash to be kept within the principle
structure and that this applicant has asked to have the trash outside due to
fire issues/concerns.
Commissioner Friel reviewed the different percentages of variances being
requested by SuperAmerica. He stated that the site is too small for this
proposal and that a hardship has not been demonstrating. Mr. Cronin
inquired if Commissioner Friel is suggesting to explore the possib�ity o�f
constructing this building without variances. Mr. Cronin stated that site is
awkward and that they have done the best they can in utilizing the site. He
further stated that he is uncertain if any other use could meet the required
100 foot setback.
6 «
N
Commissioner Friel informed the Commission that according to the Zoning
Ordinance, motor fuel stations are not allowed as a Conditional Use in the B-
2 and B-3 Districts. Public Works Director Danielson explained that the
motor fuel station, as a Conditional Use, in the B-2 and B-3 Districts was
inadvertently left .out when the City recodified its Ordinances. .r
Commissioner Friel stated he his not comfortable in recommending approval
of this request until the discrepancy is corrected.
Commissioner Tilsen stated that the City has always discussed allowing this
type of construction on the site. He stated that there may be a way to
construct a building on this site without variances. Tilsen stated that he
feels the proposal is a good idea and that the variance requests seem
reasonable. He stated that he finds it difficult to apply the Ordinance
requirements to this request. He stated that setbacks cannot always be
adhered to as a practical matter.
Planner Uban stated that the City could consider amending the Zoning
Ordinance to reflect a 50 foot frontage as opposed to a 100 foot frontage in
the B-3 District. Commissioner Koll stated that the 100 foot frontage
requirement has always been an issue for this site and that it does seem
excessive. Commissioner Betlej stated that he would rather recommend a
variance than amend the ordinances.
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 Betlej seconded the motion.
AYES: 6
NAYS: 1, FRIEL
`:
Chair Dwyer suggested that the Commission pass this recommendation on
to Council with the understanding that the Ordinance be clarified.
Commissioner Friel stated that staff should investigate the discrepancy
regarding whether or not motor fuel stations and convenience stores are a
conditional use within the B-3 District.
The Commission inquired if there are alternative plans for this sit�. Mr.
Cronin stated no. Commissioner Duggan stated that not all SuperAmericas
are the same size. He suggested that a smaller building may negate the
variance requests.
�
Commissioner Duggan moved to table the request until February 27, 1996
in order for the applicant to provide additional information on the following:
1. Documentation of appropriate installation and operation from the
PCA.
2. � Confirmation of drainage approvals and other permits from MnDOT.
3. Redesign of the southwest corner to maintain 20 foot setback to
service area and a 20 foot landscape strip planted with evergreen
trees in the southwest corner and along the service area south of the
pylon sign on the west side.
4. Car wash operation to include heated exit apron and auto chassis
blow dry during winter months. �
5. Revised lighting to a lower level of intensity in the southwest corner.
6. Confirm hours of operation compatible with City desires.
7. Irrigation of lawn and planted areas.
8. Consider monument sign instead of pylon sign due to high elevation �
of the site to Highway 55.
9. Pylon sign area of more than 100 square feet.
10. Trash enclosure setback.
11. Building setbacks.
� �-
In addition, Commissioner Duggan directed staff to contact the City
Attorney's office for investigation on the discrepancy among various copies
of the City zoning ordinance regarding whether or not motor fuel stations
are a conditional use of this zone. '
Commissioner Friel seconded the motion.
Commissioner Tilsen inquired about SuperAmerica's construction�time�line.
Mr. Cronin responded that they will have a hard time downsizing the
building. He stated that a variance will still be needed as they are trying to
keep the intersection open. He stated that he would like the Planning
Commission to give him specific direction and allow them to move on to
8 «
City Councit review.
VOTE ON MCiTtON:
AYES: 4 . , ,:
NAYS: 3, KC?l.L, DWYER, TILSEN
HEARING:
CASE NtJ. 96-02:
JIOVANAZZO -
PREi1MINARY PLAT
Mr. Vincent Jiovanazzo, represe�ting Tuthill Corporation`s Nationai Rod End
Division, was present to discuss a request to subdivide a 7.6 acre site
iocated at Vtlaters Drive and State Highway 55 (Cots 1 and 2 of �eMay's
Addition).
Chair Dwyer explained that this 7.6 acre parcel of industrial land is adjacent
to the newiy reconstructed Highway 55 along the frontage road. He stated
that this property contains a MnDOT storm pond which the applicant
proposes to dedicate to the State. Chair Dwyer stated the applicant wishes
to eliminate the liability of owning #he ponding. �
!n response ta a question from the Commission, Mr. Jiovanazzo explained
that the National Rod End Division of Tuthiil Carporation manufactures
speeialty rod end barriers. He explained that the Tu#hi11 Corporation has
owned this Divisian for 16 months.
Cammissioner Friel stated his cancern that the State acceptance of the 2.42
acre site does nat create a situation where #he Tuthitt Cocporation vu�'ll need
to request variances in order to construct a building. Mr. Jiovanazzo stated
that they do not anticipate requesting any variances.
In response to a ques#ion from the Commission regarding maintenance of
the MnDOT parcel, Mr. Jiovannazo stated that they would like to see the
area maintained by #he State as a natural site. Planner Uban stated that
plantings will probably be installed this year or next and that it h� already
been seeded. �
:,
Chair Dwyer opened the hearing to the public.
There was no one present to discuss this request.
� g
Commissioner Friel moved to close the public hearing.
Commissioner Tilsen seconded the motion.
AYES: 7
NAYS: Cl
Commissianer Friel moved to recommend that the City Council approve the
requested subdivision.
Commissioner Duggan seconded the motian.
AYES: 7
NAYS; 0
Chair Dwysr called a recess at 9:31 o'clock P.M.
Chair Dwyer reconvened the meeting at 9:40 a'clock P.M.
HEARING:
GASE Nt?. 96-03:
US WEST NEWVECTOR GROUP, INC. -
CUP FOR GEI.l.ULAR TC}1NER AS
AN ESSENTIAL SERVICE WITHIN
THE B-A� ZONE
Commissioner Friel informed the Commission that his employer, Briggs and
Morgan, represenfis U.S. West NewVector Group, Inc. and that due to this
assaciation, he would be unable to participate in #his discussion. Chair
Dwyer excused Commissioner Friel. ,
Mr. Jaymes Littlejohn, of Hessian, McKasy & Soderberg, was present to
discuss a request from U.S. West NewVector Graup, Inc. for a Canditional
Use Permit which would allow the installation of a 100 foot high cei�ular
tetephone tower on the south side of the Mendota Plaza Shopping Center.
Mr. Littlejohn reviewed charts which explained elevations from the south,
northwest, northeast, southeast and from a church site looking west. Mr.
Litttejohn explained that they witl not be adding an equipment building
because US West Cellular wift be leasing space from the Mendota Mali
Associates.
� '
Regarding Planner Uban's suggestion to remove the parking ligh# from the
pole, Mr. Littlejohn stated that US West Celluiar as no objection ta removing
the light.
�
10 �
Regarding the proposed site location, Mr. Littlejohn explained that US West
Cellular is interested in providing the best cellular service possible in the
area. He explained that the cellular engineers select sites based upon the
expected performance of the site. Littlejohn stated that at one time this
meant locating antennas on the highest point to cover the largest area. He
stated that this assumption is no longer valid.
Littlejohn explained that this site location is known as a"fill-in" site. He
explained that a"fill-in" site is intended to improve cellular coverage in the
specific area in which it is located. Littlejohn explained that US West
Cellular has researched alternative sites in the community. He stated that
the fire department site was tested and it was determined that it is too high
in elevation and too close to US West Cellular's existing site on the Mendota
Heights water tower to be of use. He stated that the ridge on which the fire
department property is located is needed to separate the proposed cell from
the adjacent cell served by the water tower.
Littlejohn explained that they prefer to locate the tower on City property
where possible, but there is no acceptable City owned site that will provide
the needed "fill-in" coverage in Mendota Heights. Littlejohn explained that
the Sibley High School property was also tested. He stated that this site
would not allow US West Cellular to provide the best service possible to
� Mendota Heights.
Littlejohn stated that as long as the Mendota Plaza site is approved, US
West Cellular is confiderit that they will not need to seek another CUP to
locate a cell site in the City of Mendota Heights. He stated that if they need
to build at another location, they expect that at least one more site will be
required in the City of Mendota Heights to provide quality service.
Commissioner Tilsen inquired if this cell site would really be the last�ell site
to be constructed in the City. Littlejohn stated yes if they are allowed to
construct the pole on the Mendota Plaza site. He stated they have no plans
to construct another.
The Commission discussed future projections and whether new technology
will require additional sites in the City of Mendota Heights. The Commission
inquired about the number of Mendota Heights residents who use cellular
phones and they inquired about the capacity of the water tower �ite. Mr.
Kent Steven, US West Cellular, informed the Commission of digital
technology and how this technology will use current towers. Commissioner
Duggan inquired about the capacity of the proposed tower. It was
explained that one cell site contains 3 sectors which have 25 channels in
� 11
each sector. In total, there are 75 channels with each channel handling one
call. Commissioner Tilsen stated there is a low number of towers in the City
compared to the population of Mendota Heights.
Chair Dwyer inquired if US West Cellular is aware of a senior housing ==;
proposal currently being reviewed by the City. Mr. Littlejohn responded no.
Chair Dwyer inquired about site lines and that the monopole does not seem
to fit into the area. He stated that the Mendota Plaza site is not a good
location. Mr. Littlejohn responded that there are similar sites in Bloomington
with residents nearby and that most people do not realize there is a tower.
He further stated that he should have been advised of the senior housing
proposal.
Chair Dwyer stated that the City has treated this request as an essential
service and he inquired if it is really considered an essential service. He
inquired about additional landscaping. Mr. Littlejohn stated that cellular
service has been determined to be an essential service in the City for quite
some time. He stated that they are troubled at the suggestion that this may
now be subject to change. He stated that since the structure height is
already governed through the Conditional Use Permit process, the City
already controls the location of the cell sites in the City. Littlejohn stated
that US West Cellular can install a more slender pole if they are able to meet
the structural and wind load capacities.
Chair Dwyer inquired if the tower could work if it is reduced in height to 75
feet. Mr. Littlejohn responded no and that�testing was done at the Mendota
Plaza site using the height of 80 feet. He stated this height did not work
and that 100 feet minimum is required. Commissioner Duggan stated that
the Sibley High School site is a higher site and he inquired if the trees create
a interference. Mr. Littlejohn explained that this site does not work because
there are numerous cellular subscribers who require cellular service���om
their driveways to their destinations and the only way to make this possible
is through a technique called frequency reuse. He explained that the
consequence of frequency reuse is that cell site location is dictated more
and more by topography and the location of other cells. He explained that if
a site, such as Sibley, is either too high or too close to adjacent cells, the
result is interference or "cross-talk" where two callers end up using the same
frequencies and hearing each other's conversations.
�
Commissioner Lorberbaum inquired if other sites north of the M�hdota Plaza
were considered. Mr. Littlejohn stated that Tom Thumb was not interested
in allowing the cellular tower and equipment on their property. He stated
that Par 3 Golf Course was considered but that it was too far north since
12 �
the lack of coverage appears to be in the area of Highway 110 and Dodd
Road.
A discussion ensued regarding the definition of essential services and
whether or not a cetlular tawer is considered an essential service. . Mr.
Litttejohn stafisd the City's ordinance does address essentia! services as a
communication device.
Commissioner Betlej nated his cancern with toa many towers in the City.
Commissioner Kot! stated that this pole witl appear to be a striking landmark
and �that she is concerned about its appearance in the dawntawn area of the
City. Commissioner Ti[sen concurred and he inquired about how the pole
may affect the senior housing project, Mr. Littlejohn review�d a site
elevation wh�re the pole appears to not be too visible from the senivr
housing area.
Th� Commission discussed other possibilities of site locations which
included State property, near power lines and gas service stations.
Chair Dwyer opened the meeting to the public.
Dr. Greg Lee, Dodge Nature Center, inquired about site visibility fram the
Lilly property which is owned by the Dodge Nature Center. !t was
determined that the pole woufd not be seen from the Li11y property.
Commissioner Betiej moved to close the pubiic hearing.
Commissioner Tilsen seconded the motion.
AIIES: 6
N�1YS: 0
� �.
Commissioner Duggan moved to recommend that the City Council deny US
West Cellular`s request for a Canditional Use Permit because the request is
not compatible wi#h the surrounding neighborhood as per the City's
Comprehensive Plan.
Commissioner Koll seconded the motion.
Al(ES: 6
N�►YS; {}
Commissianer Friel returned to meeting.
H�ARING:
�
13
�,
�
CASE NO. 96-04 -
DAKOTA COUNTY HRA -
COMPREHENSIVE PLAN AMENDMENT, REZONING,
SUBDIVISION, CUP FOR MINING AND STRUCTURE
. GREATER THAN 25 UNITS AND WETLANDS PERMIT -_�
Ms. Kari Gill, Deputy Executive Director with the Dakota County HRA, was
present to discuss the County's request for a Comprehensive Plan
Amendment, Rezoning to R-3, Zoning Amendments fo'r Senior Facilities,
Subdivision, CUP for Facility in Excess of 25 Units and Mining, which would
allow the construction of a 65 unit Senior Housing Project east of South
Plaza Drive and South of Highway 110.
Ms. Gill explained the site acquisition process and how the property is in
MnDOT right-of-way with severat underlying fee owners. She explained
that the HRA has received approval to acquire the MnDOT right-of-way
assuming the HRA has the underlying fee. She stated that they have been
working with the underlying fee owners and the HRA hopes to have the site
acquisition completed by end of January.
Ms. Gill stated there is a strong demand for senior housing and that the HRA
has maintained an interest list. She explained that the proposed senior
housing will consist of 65 units in one building. There will be 40 one
bedroom units and 25 two bedroom units with 54 underground parking
spaces. She explained the units will be available to seniors 55 years and
older. She stated the building will include several features designed for
seniors such as emergency pull cords in each unit, grab bars in bathrooms,
underground parking, security entrances, handrails in the hallways, raised
electrical outlets, strobe lights on the unit fire alarms and a large community
room with a serving kitchen for organized activities.
' �-
Mr. Jay Nelson, BRW Architects, stated that BRW has been working with
the City and HRA in developing this site which has some constraints. He
stated that the building has been oriented to allow the residents to have fine
view of the wetlands. He stated the building is also visible from Highway
110 which allows for good marketing.
Mr. Nelson stated that the proposed project is designed to be sensitive to
the adjacent areas and that there has been a real effort to keep tl�e building
separate from the neighbors to the south. He stated that the so�ith portion
of the area will be kept open for watershed ponding. He explained that
some existing trees will be kept but that some will be removed due to a
storm sewer line location.
14 �
Mr. Nelson explained that access to the development will be through a new
cul-de-sac extended from South Plaza Drive and that there will be parking to
the north of the site. He stated the pathway system will be bituminous.
Nelson stated the building will have a residential appearance with residential
modules and shapes with end caps at each wing consisting of brick and
gables. He explained that the entrance walkway will be covered. He stated
that the northern elevation drops off and that is where the screened porch
will be located .along with the community room and outdoor patio space.
Nelson explained that the covered entryway leads to the main entrance
where there will be office space and elevators. He stated this will be the
reception area where residents can get their mail and enjoy a fireplace, large
community room, kitchen, storage, coat racks, restrooms and janitor space.
He explained that laundry facilities will be available on each floor. He also
exptained that the units will be handicapped accessible with three units
being fully handicapped accessible units.
Nelson stated that the submitted site plan gives an excellent representation
of what the site will look like. He explained that the landscaping will follow
the driveway and boulevard. The materials will include trees, base planting,
spruce trees and existing plantings.
� Chair Dwyer inquired about security. Mr. Nelson explained that the main
entrance will be for visitors and that residents will have a door opening
device. He stated that the first floor units are designed to be a little above
the grade.
Nelson stated the underground parking will hold 54 vehicles and that they
have included for future expansion calculations.
- -�_�
Chair Dwyer inquired about the average age of a resident. Ms. Gill
responded 75 years. Mr. Nelson stated that vehicles become less important
and that other forms of transportation are considered. Chair Dwyer inquired
about the size of the vehicle entryway. Mr. Nelson stated that the entryway
has been designed to accommodate a semi truck access.
Commissioner Duggan inquired about employees. Ms. Gill responded that
there will be an on-site caretaker. She stated this facility will not�provide
food service although it may provide for an occasional congrega�e dining
event.
Commissioner Friel inquired if the project occupies the entire MnDOT right-
� 15
of-way. Mr. Nelson replied that the project occupies the entire MnDOT
right-of-way in its east to west boundaries.
Commissioner Friel inquired about how the age limit is determined. Ms. Gill
stated that the age of the head of the household is the determining, factor
for eligibility.
Commissioner Duggan inquired about the wetlands. Public Works Director
Danielson explained that a detailed analysis has been completed by Barr
Engineering and that there are no wetlands on the site.
In response to a question from Chair Dwyer, Ms. Gill explained that Dakota
County HRA, in conjunction with the County and respective Cities,
developed a financing program which utilizes General Obligation
Development bonds, County Mill levy and Community Development Block
Grants.
Ms. Gill explained that 25 units will be offered at market rate rents and the
balance will be offered at below market rates. In response to a question
from Commissioner Friel, Ms. Gill stated that it is the intent of the Dakota
County HRA is to be the long term owner of the property. Ms. Gill explained
that the affordable unit prices will be in the range of 5270-$540 for a 1
bedroom unit and 5370-5640 for a 2 bedroom unit. Gill estimated that the
market rate units may be 5640 for a 1 bedroom unit and 5740 for a 2
bedroom unit. She stated that garage space may be S40 per month.
Commissioner Duggan stated that with only 40 units offered as affordable
housing it appears the County is attracting wealthier elderly. Ms. Gill stated
that all of the units are constructed the same.
In response to a question from Commissioner Lorberbaum, Ms. Gill stated
that the units are designed for independent living with a complete� ki�chen,
bathroom, one'or two bedrooms and living/dining area. Commissioner
Lorberbaum stated that the size of the proposed building is larger than the
other Dakota County Senior Housing buildings. She inquired about waiting
lists and the time period. Ms. Gill stated there is about 1,500 people on the
waiting list and that it is a 2 to 3 year wait.
Commissioner Friel stated the City is moving ahead before a Senior Housing
Ordinance is in effect. He stated that guidelines should be in eff�ct to help
ensure limitation. Planner Uban stated the Planning Commissiorr`can
consider a change to the Comprehensive Plan and Zoning classification.
Commissioner Betlej concurred with Commissioner Friel and stated that the
Planning Commission should have an ordinance in effect to help guide them.
16 �
Chair Dwyer opened the hearing to the public.
A resident of 2131 Aztec Lane noted her concerns for the size of the�
building and asked if Apache Lane will be extended. Planner Uban stated
that Apache Lane would not be extended because the building would be in
the way. He stated that the trail will be rerouted around the building.
In response to a question from Chair Dwyer, Ms. Gill stated that it would
not be the HRA preference to have a cellular tower constructed on the
Mendota Plaza site.
Dr. Greg Lee, of the Dodge Nature Center, inquired about ownership of
property. He stated that he is under the impression that the Dodge Nature
Center owns a small piece of land that the HRA is showing as its own. Dr.
Lee stated that the possibility of the senior housing project adjacent to the
nature preserve is a wonderful idea and that the proposed project is a real
plus for the community. Dr. Lee inquired about berming and landscaping to
help reduce site lines of the senior housing project from the nature preserve.
IVIr. Nelson stated that plantings will be installed. He explained that the
grading elevations are very high which makes for steep slopes. He pointed
out that there is a stream east of the property where beavers build dams.
Commissioner Friel inquired about property ownership and whether or not
the Dodge Nature Center owns part of the property. Ms. Gill stated that it
was some time ago when this was discussed and that the HRA will verify
property ownership. Commissioner Friel noted his concern for the legal
description accuracy.
Ms. Goodrich, Friendly Hills resident, noted her concern for the heig�it of the
building and increased traffic. She specifically was concerned about traffic
stacking in the Friendly Hills neighborhood. Commissioner Lorberbaum
stated that the bank building is three stories high just like the senior facility
but that the senior housing project seems higher because it is to be located
on a hill. Ms. Goodrich noted her concern for privacy.
Commissioner Friel inquired about outdoor lighting. Mr. Nelson stated the
parking lot will be lit with seven "shoe box type° 20 foot pole ligf�ts. He
stated that there will be fixtures at the garage entry and there will be down
lighting under the canopy. He stated there may be some lights on the roof
to showcase the building and may be signage lighting. Commissioner Tilsen
stated that the City does not allow exterior lighting on signage. He stated =
M 17
he would like to see the lighting decreased. Tilsen stated he would like to
see the lighting more subtle and that ground lighting should be considered.
Commissioner Tilsen stated that the line of vegetation indicates a wetland.
He inquired that if there were construction within 100 feet of a drainage -
area would a wetlands permit be needed. �� r
Commissioner Tilsen stated he envisioned the building facing a different
direction. He stated that he would like to see the architect consider rotating
the building 90 degrees. Mr. Nelson stated there are serious land
constraints. He stated that the building is open to the north in order to
allow the Dodd Road visibility.
Commissioner Lorberbaum was excused at 11:35 o'clock P.M.
Commissioner Tilsen suggested that the Parks and Recreation Commission
should review the trail way to Friendly Hills.
The Commission noted concerns for tree loss.
Dr. Lee stated that the proposed 65 units is an increase from the number of
units discussed a year ago. He stated that a two story building instead of a
three story building would help concerns for site lines and privacy.
Commissioner Duggan stated that he would like to see the site with only the
40 subsidized units and without the 25 market rate units.
Commissioner Friel moved to continue the public hearing until February 27,
1996 in order to give City staff and Dakota County HRA time to address the
following:
� �� � -
1. Preparation of an ordinance amendment addressing senior facilities.
2. Address options for providing some sort of guarantee that the use will
remain exclusively for senior housing in perpetuity.
3. Clarification of the issue of ownership of that piece of the site claimed
by the nature center.
�
4. Addressing the impacts of a reduction of the potential ligh�t spillage
onto nearby properties through either lowering the light poles or
decreasing the intensity of light on the site.
18 «
�� �
5. Soften the curves on the trail and address paving the trail all the way
to Friendly Hills.
6. Discussing the issue of rotating the building 90 degrees.
8. Identification of the number, type, and size of trees to be removed
from the site.
9. Addressing the possibility of creating a two-story building on the site
with only the 40 subsidized units and without the 25 market rate
units.
Commissioner Duggan seconded the motion.
A�(ES: 6
NAYS: 0
VERBAL REVIEW
Public Works Director Danielson briefed the Planning Commission on recent
City Council actions regarding recent planning cases.
ADJOURNMENT
There being no further business, the Planning Commission moved to adjourn
its meeting at 12 o'clock A.M.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
�
:,
� 19
� �-
CITY OF MENDOTA HIIGHTS
January 30, 1996
�
TO: Mayor, City Council and City A�� r
FROM: John P. Maczko, Fire Chief
SUBJECT: Pager Purchase
INTRODUCTION:
The department is in the fourth year of a six year pmgram for replacement of paging
devices for fire fighters. Attached is a letter from the radio committee recommending the
purchase of Motomla Minitor II pagers with a five year warianty at a cost of $424.Q0 each
plus tax.
RECOMMENDATION:
The pagers are critical in our ability to contact the Fire Fighters in the case of an
emergency. $3,300 was budgeted in the 1996 budget for the purchase of these pagers. I
concur with the committees recommendation and recommend that seven pagers be purchased
for a purchase price of $424.00 plus tax including a five year parts and labor warranty for a
total amount of $3,160.92. .
ACTION REQIJIRED:
If Council concurs with the recommendation they should direct staff to proceed with
the purchase.
k
To: Fire Chief John Maczko
From: Radio Committee
Re: Purchase of new pagers
Chief, the fire dept is currently in the forth year of a six year pager replacement
program, the radio committee recommends that we continue this program The
motorola pagers that the fire dept has been upgrading to are state of the art and are
serving the dept well. The current cost of the pagers are $424.00 each on the state
contract this is also includes a 5 year warranty. The price of $424.00 is substantially
under budget do to a price increase that did not occur but is anticipated in the near
future. With this information in mind that the committee recommends that we
purchases as many pagers as possible at this low price.
Captain Keith Stein Dave Dreelan
CLEARWATGR MANAGEMENT COMPANY
332, MINNESOTA STREET SUITL- ZOJO
SAIIJT PAUL, MINNESOTA SSIOL-13OS
(612) 228-0152
January 31, 1996
city council
City of Mendota Heights
c% Kathleen M. Swanson, City Clerk
1101 Victoria Curve
Mendota Heights, MN 55118
Re: Notice of Hearing on Proposed Construction
Ladies and Gentlemen:
FREDERICK T. WEYERHAEUSER
CHAIRMAN
I am writing this letter recognizing that the hearing on the proposal consttuction
of a water main along Wentworth Avenue from Delawaze to Dodd has already
been held. � � � � � �
'�.�� I am supportive of the idea of Mendota Heights staying ahead of its water needs
and do see a value in having fire hydrants available to the Wentworth Avenue
residents.
I also would like to endorse the letter sent to you by Mr. Thomas H. Garrett III.
��f��;;:3: � I would ask that the City consider the value added to each resident. Clearly, the
3 f�;sf�
��.;;,,� fire mains will help each of us in our fire insurance. However, I suspect that no
one at this time will be connecting to city water and would suggest that you
consider the idea of a charge for the fire hydrants and a set hookup charge to be
used whenever a resident does utilize city water.
Warm egards,
. ' %
''� .
,
r. _ ��
. We erha�
::��<{�s�f��;{ JC
i}£•'� .
cc: Mr. Thomas H. Garrett III
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. ����ti,�t'�,.: ����
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0
MEMO
Date: 1-29-96
T0: Mayor, City Cou�cil, and City Adninist�ator
FROM: Paul R. Berg, Code Enforcement Officer �//" �
SUBJECT: euilding Activity Re�wrt for Jarwary 1996
CURRENT NQNTH YEAR TO DATE 96
BUILDING
PERMITS: No. Valuation Fee Collected
SFD 1 125,956.00 1,205.33
APT 0 0 0
TOIdNHWSE 0 0 0
CONDO 0 0 0
MISC. 13 238,575.00 2,961.68 ',
C/I 8 148,670.00 2,141.11 'I
-------------------------------------------i
Sub Total 22 513,201.00 6,308.12 �
No. Vatuatior� Fee Collected
------------------------------------�
YEAR TO DATE 95
� No. Valuation Fee Collected
0 0 0
0 0 0
0 0 0
0 0 0
9 209,500.00 2,938.13
9 119,740.00 2,011.58
18 329,240.00 4,949.71
TRADE � I
PERMITS• ' '
� �
Plunbir�q 13 470.00 � � 12 879.00
Nater 4 20.00 � � 1 5.00
Sewer 4 70.00 � � 2 35.00
Heat, AC, � �
& Gas 21 991.00 � � 19 ' 654.00
-------------------------------------------+------------------------------------+------------------------------------
Sub Totel 42 1,551.00 � � 34 1,573.00
� �
� �
Licensina• � I
� �
Contractor�s � �
Licenses 131 3,275.00 � � 172 4,300.00
-------------------------------------------+------------------------------------+------------------------------------
Total 195 513,201.00 11,134;12 � � 224 329,240.00 10,822.71
NOTE: All fee amo�nts exclude Sac, Wac, and State Surcharge. Maunts shown will reflect only permit, plan check fee, and
valuation amo�nts.
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�
CITY OF M�NDOTA HEIGHTS
MEMO
February 1, 1996
TO: Mayor, City Council, City Adrr�i�i��r
FROM: Kathleen M. Swanson ��7
City Clerk
SUBJECT: City Ha11 Policy Revision
INFORMATION
In 1993 Council approved major revisions to the Policy on Community Use of City Ha11
Facilities. The policy has worked well with one exception. Although the policy does not allow
use of City Hall facilities on Tuesdays, it daes not stipulate that city functions take precedence.
There have been occasions where scheduled non-government activities have had to be
cancelled because a special meeting or other city function was called. The parties whose
activities had to be rescheduled have not been particulazly happy and some have commented that
the policy does not give the city the right to cancel or postpone their activity.
Although such incidents happen infrequently, staff feels that the policy should be revised
to forewarn those wishing to schedule rooms that they will be "bumped" should a city meeting
be scheduled for the same time. The proposed new language has been added at the end of the
"Scheduling of Space" section, and is h�ghlighted in bold, underlined lettering.
RECOMMENDATION/ACTION REOUIRED
I recommend that Council approve the proposed revision to the Policy on Use of City
Hall Facilities." If Council concurs in the recommendation it should adopt the attached revised
"Policy on Community use of City Hall Facilities."
.. . .,- ----�- -� �-- --- -�- - �--�-- - � — -�-
C ity o�
... � . � 1Viendota Heights
POLICY ON CO USE OF C� HALL FACILITIES
The Mendota Heights City Hall is the center of city government and is intended to be used
P��Y for city staff and city govarameat fu�tions. The privil�ge of its use will be extended to
all Mend�ta Heights resideats and oth�rs con4istent with policy guidelines eslablished by the
Mendota Heights City Council.
Ciry Hall is a smoke-free building, an� smolang is not allowed in any area of the structure. The
following facilifies aze available as formal meeting space:
1. Counc� (�amber - seating approximately 60 in a formal, from facing seding. A sauad
syst�m and movie projection scrooa are ava�able. Food and drink are allowed only at flie
Council and staff tables during official city meetings.
2. Large Conference Room - seating for 16 around a large co�erence table.
The following facilities aze available as informal meeting and/or gathering space
1. Small Conference Roam - seating for 6 to 8.
2. Unfinished Basemeat Space - Approximately 500 squaze feet of unfinished area. Folding
chairs and tables are available. A,ppropriate for mare active uses, i.e., children's activities.
Any activities which will be attended by children are resbricted to this azea unless strict
supervision is provided.
The following policies will guide community use of these facilities:
1. SCSEDULING OF SPACE will be on a first-come, first served basis to Mendota Heights
community groups, i.e., neighborhood associations, League of Women Voters, scout troops,
otc. Scheduling requests will be taken by &e City Hall ru:eptionist at 452-1850; all requests
will be reviewed and agproved by ti�e building manager.
c�tc�] �chednlexi �arpy if nc�le�i fnr rnndnc�inu� hncinPcc
2: iJSE BY COMA�ItCIAL VEIVTURES or for private use �.e., familY gatherings) are not
permitted.
3. PRIOR TO GROUP USE. A representafive of the organization must complete � file a
reservation form. Reservations must be made not less than five worldng days befo e the use.
At least 24 hours prior to the event, a Mendota Heights resident must stop by City Hall to
sign for the space requested, pick up keys, and receive instrucfions on how to use the
building.
4. CONDITION OF FACILIT�:S. The igdiividual who signs and files �e registration form
will be responsible for ensuring that the keys are rehuned and that the building is left in
appropriate condition, including but not limitsd to the following: furnishings and equipment
1101 Victoria Curve • 1Viendota Height�, 1ViN • 55118 452 • 1850
Policy on Community Use of City Hall Facilities Page 2
have been returned to their designated or original locations, paper and o�er waste has been
picked up and deposited in the designated containers, all doors have bcen locked and lights
have been � off.
5. SERVIl�TG OF FOOD AND DRIlVK. Noa-alcoholic beverages and light smacks may be
served in the large conference room and lunchroom when the meeting includes only adults, if
prior approval is granted on the registration form. Users are responsible for bringing their
own expendable supplies, coffee makers, dishes, etc., and for seeing that clean up is
completed.
6. AVAII.ABILITY OF FACILIIZES. Facilifies are available for reservation on weelaends
from 8:00 a,m. through 5:00 p.m. and on Moaday, Wedaesday, Thursday and Friday
evenings between 6:00 p.m. aad 10:30 p.m.
7. AUDIO-VIDEO EQUIPN�NT, including overhead projector, large screen television and
VCR will be available for rental upon request for a set up and depreciation fee of �20 for
, each piece of equipment, payable in advance. Users must also submit a damage deposit �
based on the value of the equipment being requested. A charge will be made against the
deposit for damage c�one to rented equipmen� Should the deposit be insufficient to cover the
cost of repair or replacement of the damaged equipment, users will be billed for the
addifional cost.
8. STAFF TIlVIE. If it is determined by the city that a member of the city staff should be on
the premises during a scheduled use of the facilities, a chazge equal to one and one-half of the
employee's hourly rate plus overhead will be charged to the user group. Staffing will be at
tne sole discretion of the city and will not be provided to accommodate a request by the user
group.
9. DAMAGE DEPOSIT. A securiry/damage depcuit must be submitted by all user groups. A
deposit of $100 will be =equired on January lst of each year for regular users of the faciliry;
for one-time or occasional use, deposits of $100 for the Cauncil Chambers and/or �50 for
each oonference room will be required at the time the reservation form is filed. Charges will
be made against the deposit for damages done to fiirnishings or for costs incurred by the city
for clean up after a scheduled activity. The unused portion of the deposit will be rehuned to
regular users within five days after their last use of the facilifies in a year and to occasion�al or
single time users within five days after the use. Users of the facilifies and/or equipment will
fully reimburse the ciry upon demand for the full cost of replacement or repair cause� by
damages to or destruction of the building, fumiture, futures, equipment or any o�er
properry. '
10. ��ES. A fee will be charged for use of the facilities by governmental agencies or their
agents unless representatives of the Ciry of Mendota Heigirts arrange or participate in the
scheduled events. The fee for use of the Council Chambers is $200.00 per event and $100.00
per event for use of the conference rooms.
e
Policy on Community Use of City Hall Facilities Page 3
11. VARIANGES from this policy may be granted at the discretion of the City Council or City
AdminisKratior as wananted. Requests for variance must be submitted in writing to the City --
AdminisGrator a minimum of four wceks prior to the scl�eduled date of the even�
Policy:adopted by the 11�ndota Heights City Cam�cil on Ocbober 19, 1993.
CITY QF MENDOTA HEIGHTS
�!]
February 2, 1996
TO: Mayar and City Council
FRON1: Kevin Batchelder, Interim City A�'�ratar
SUBJECT. Mediation Efforts on Cruz Variance
Attached please find a copy of a letter from Dispute Resalution Center
offering mediation services to resoive the issue af parking a recreational vehicie
next to the home of Mr. and Mrs. Richard Cruz. This letter was sent to the Cruzs
and to their neighbors.
Please note that the City has offered to pay for this service and that the
letter from Dispute Resolu#ion Center is inaccucate in stating that mediation
services are provided to each party based on their ability to pay.
� • ►. : _ • 1]1���
None. This if for Council information only.
KLB:kkb
�
�
:/
� ♦
January 30 , 1996
Dispute
Resolution
Center
2G5 Oneida Street, St. Paui, Minnesota 55102 61Z-Z9Z-7791
TO: Mr. and Mrs. Richard Cruz, Mr. and Mrs. Mike Neska, and Mr. and Mrs.
Charles Steenberg, and Mr. Jim Danielson ,
FROM: Janeen Gawlik, Director of Case Management `� �o�,,�,.�_
I was recently contacted by Mr. Jim Danielson from the City of Mendota Heights
Department of Public Works in regard to scheduling a mediation to resolve the issue of
parking a recreational vehicle next to the home of Mr. and Mrs. Richard Cruz.
The Dispute Resolution Center is a non-profit mediation center designed to help people
resolve disputes. We are not advocates for anv partv. Rather, we try to resolve
disputes through the use of inediation -- a process where parties meet with a trained,
neutral mediator to discuss the issues important to all concerned parties, explore
possible solutions, and hopefully, develop a mutually agreeable resolution.
In order for us to complete our intake process, we request that all parties to this
dispute contact the Dispute Resolution Center as soon as possible to indicate whether
you are willing to participate in mediation and assist us in identifying any additional
issues to be resolved. �
Participation in the mediation process is voluntarv and only means that you are willing
to meet with our neutral mediator to � to develop a satisfactory resolution. If either of
you chooses not to participate in the mediation process or if you are unable to reach an
agreement, you retain all legal rights and all other options to pursue this matter in other
ways.
Fees for our services will be based on the income information provided to us during the
intake process. Mediation services are provided to each party based on their ability to
pay. Fee information is confidential and will not be provided to the other party.
Payment is due �rior to scheduling the mediatian session. We will send you a notice
when all parties have agreed to mediation.
�
Please contact us at your earliest convenience so that we can explain our s.ervice more
fully and answer any questions you may have. If you agree to try mediation, we will
schedule the mediation according to the availability of all parties and the mediator.
I have enclosed a brochure for your information.
�t �� ���
�� �� ��
MEDiAfi18N is a vo(untary process used to settle
disputes. People invoived in a dispute meet with a
trained, impartial person, who is called a mediator.
The mediatar listens ta both sides, maintains order, and
makes sure a!! apinions are aired. i'he mediator does
not decide wha is right ar wrang. The me�iator assists
the parties in reaching their awn agreement.
The Dispute Resolutian Center provides direct medi-
ation services to eyeryane — individuais, families,
neighbors, government agencies, businesses, com-
muniry and prafessional groups, and anyone involved
in a conflict. The on(y requirement is that you live ar
conduct business in Ramsey County or the East
Metro area.
Dispute
Re�olutior�
Center
��
WHY USE MEDIATION?
■ QUICK HELP: Mediatian sessions can usualiy be
scheduled within three weeks of referral. Most cases
can be settled in one brief session.
■ CONVENIEN'E Mediation sessions are arranged
during the day ar evening at a place that is convenient
to all parties.
■ LOW CQS1: There is a small fee for the mediation
services. l'he fee wiN be waived if ciients meet certain
income guidelines.
■ CONFIDENTIAL: The metliation takes place in a
private setting. Only invoived parties attend the session.
■ SELF-DETERMINED: The parties decide how the
dispute will be resoived, without a judge or jury.
The Qispute Resolutian Center provides a method which
heips people to work together to resaive their disputes.
The Center exists because negotiated solutions are a
better way of solving prablems. Peaple are more satis-
fietl with agreements they help create.
Hundreds of people use the Center's mediation services
each year as an alternative to the courts. Mediation
prevents problems from escalating. The Dispute Reso-
lution Center benefits everyone — the peopie directly
involved as well as the tax-paying pubfic.�
■ CONSUMER-BUSINE5S . . . faulty merchandise,
deposits, refunds, exchanges, service dissatisfaction.
�. :}
■ I.ANDLORDTENANT. . .deposits, repairs, damages or
evictians.
■ NEIGHBORHOpD problems. .. noise, pets, neighboi
relations, nuisances, parking, property line differences.
■ SMALL CCA(MS cancerning ... money, property
damage, accidents, vandalism, persona( property.
■ JUVENILE disputes, ..with truancy, fights, schools,
vandalism.
■ EMPLOYEE/EMPLQYER . . . grievances and relation�
■ lNiRAORGANiZAT10{VAi problems. . . cammuni-
catian, pracedurai or ather canflicts within a graup or
organization.
���
■ situations involving domestic violence
■ cases where criminal charges have been filed.
■ divorce, child custady and visitation rnatters.
■ prablems in which ane of the parties refuses to
participate in mediatian. .
.�
,
�
��
�
�����! Ht?W TO GET ASStSTANCE
1. GALL 292-779l. 4Ve wii! ask you for information
about the conflict and the person you are in conflict
w�th. lf we can't heip you, we wii! try to refer you to a
service that can.
2. We wili contact the other peopie invo(ved, usualiy by
letter, explain the Center's services and ask them to
participate in mediation.
3. Once everyone invo{yed in the dispute has agreed ta
participate, we will schedule a mediation session at a
time convenient to all.
4 At the mediati�n session, the mediator assists the
parties to clarify their concerns, discuss their
differences and work towards a mutualiy acceptabfe
solution to their problem.
5. When a salution is reached, the terms are written
down by the mediator and al! parties sign the mediation
agreement.
6. The signed agreement is yaur commitment to the
resolution �ou have developed. We will provide follow-
up an the agreement and offer further assistance if
appropriate.
Dispute
Resotution
Center
Resoluti�n
Center
Dispute Resolution Center
265 Oneida Street
St. Paul, Minnesota 55102
612-292-7791
�
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
Masoarv Contractor Licease
Concrete Systems Inc.
Neeck Construction Inc.
Excavating Contractor License
Herman Excavating Partnership
Imperial Developers, Inc.
K.C.I. Construction
Rauchwarter Inc.
Rayco Excavating
Scherff Inc.
Stocker Excavating Co.
S�s P ��g Contract�r License
Commercial Plumbing & Heating Inc.
Pro-Temp dba Controlled Air, Inc.
Five Star Plumbing, Inc.
Gavic & Sons Plumbing
Hokanson Plumbing & Heating, Inc.
Horwitz Inc.
Judkins Heating & A/C II
Marsh Heating & A/C
PBBS Equipment Corp.
Rouse Mechanical, Inc.
E.A.H. Schmidt & Associates, Inc.
Twin City Furnace Co., Inc.
ffiTAC Contrac*nr License
Brady Mechanical Services, Inc.
Centraire Heating & A/C, Inc.
Commercial Plumbing & Heating, Icn.
Pro-Temp dba Controlled Air, Inc.
Crown Heating & Cooling, Inc.
Harris Air Systems Co.
Horwitz, Inc.
Judkins Heat & Air Conditioning Inc.
Ma.rsh Heating & A/C Inc. �
Master Mechanical, Inc.
Plymouth Heating & Air
�
�
Radiant Concepts
Rouse Mechanical, Inc.
Snelling Co.
Twin City Furnace Co., Inc.
General Coatractors License
Fa.bcon Inc .
Grand Proj ects
Metro Siding, Inc.
New Age Designs
Schindler Elevator Corp.
Sumco Inc.
United Properties Construction Ma.nagement
Viking Construction
Welsh Construction Corp.
PlasterjDrvwall Contraator License
Citywide Insulation
Hendrickson Bros Drywall Inc.
Olympic Wall Systems, Inc.
Sian Iastaller Contractor License
SignArt Company Inc.
Rubbish 8auler Contractor License
Roadway Rubbish Inc. dba Eagan Sanitation
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February 6, 1996
�0: lriayor aad City CouactX
crit�i�ss zrsT .suMru�xY:
TotaZ.C2ato�
a1
significant CIR�mc
Neatth Partners
MWCC '
NSP
UnuSua2 CZa3ras
AMM
8r�ggs Morgan
St Paul '
Dakota County
Danka
Mac Warehouse
Peat Marwick
medical tns
sewer
utitities
96 dues
bond leggi fees
svc oonn
assmt fee
fire eq
squad computer
audit
159r100
12,617
J1,338
8,088
2,884
3,825 •
3,597
'L,860
4,i345
4,184
5,QQ0
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2/6/96 Cleirns �ist
City ctf Mer�date Heinhts
AccQuni: Code
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40-CEO 85-Recyclign
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2� 880. EQi �
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� Feb 1996 Claims List
Fri io33 F'M � City of Merfdcia Neigtsts
Terop Check �:uniber 7
Temp.
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8 Am�rican Mnrnt Assn Q�.�,-k400-105-15
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9 EesL Fluy 15-4; 00-064�-6Q+
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Temp Ch�ck iVumber iQ+ .
10 Berkeley �tdrn 87-4305-7i0-00
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ls Paard c�f Wa•ter^ Commissior�er^s i5-4425-3i0-60
{I,� i3 Baard af k�ater Cc�snrnissictr�ers 0I=k4c5-315-s0
13 &aarci c�f 4;ater^ Commissior�ers 08-4425-Q�0@-Q�0
i3 Etoarci af Wa�er C�:�mmissioners 0i-442S-07�3-7Q�
L..' 5�
Tat�Is ierao Check itiutnaer i3
�.�
:raa�.�
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;;s � .
' - - _.�� - . . ,. , ' .. .
Garnr�te»t s
wrng huu5e sp3ys
;/8 �eminar 5anders
solys
splys
Sa1y5
sp2ys
re 8l24 ciairn fr hilis
par�ts
parts 303
feb a;l��w
Paoe 2
Arncrunt
z.�s. �L
a��. �a
i �9. 00
���. ��
95.85
95. 80
�J. �J
95, 84l
J83. �a0
�c3. .�S
c:3, 3.;
64. (ci i
^c51.83
3i5.84
lc�'1t. 0�
i 2'Q�. Q�2� �
dec sWc I7..�6
oec svc 34. i� (�
dec svc i7..?,6
ciec svc �.48
----- t Y
74. '�^c "'
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`•r�. . . .r�. n..Y: . � ��'f"'. �
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.. .... . ";',:at�+. . , . .,. . . .. , .. , �r^:t�'t.,. � ,�<.r's.
r '� �
' 2 Feb 2996 Clairns List p�q� �
�ri ie33 PM ' �aty af {�ier�dat� 's-ieiobits
S �t �
7erno Check Nurnaer 13
�.'.� 7erno, Q
Gheck
Number Vend�r Name Accaunt Code Carnrne»ts Arncaur,t
f� Q
7emp Check IVumber 14
� i4 Fsriccrys & h7or�gan 74-4c26-�C�@-Q�0 re 95 imnr bc�nds 356.35 �
i4 E+ri r�r,s R�ioroan 27-4�c6-0k"�c�-4�D r�e 35 i rnor buncss 2, 869. :a
-} -- ________
�8 �.:,, 825. 45 �
Totals 7erno C:r�ck Nurnber lk
�,..? �
Temp Check t4umbe�^ S5
�"^': iS L��idg�t Rer�t a Car 01-4�30-440-2� ciarnage rprs a7i.13 �
i� 371. 13
::;t?� Tc,tals Terno Ch�ck ;�umber 15 �
Ternp Check Nurnber i6
'...,� i6 Gar^l5or�, EQ 02-4��t�-610-SQs eq rent 33, 25 �
i6 Carlsan Eo 01-4�0¢�-6i0-70 �q rent 33.2.�,
�...� i6 Carl�an �'q i5-42Q¢�-610-60 eq rent 33. i8 Q
48 99.68
�� Tatais iemp Ch�ck l�amber i6 �
Temp Check h:umSer 17
�-? '� C:�
37 C�rouest 15-k33Q�-4��-b@ tsar�ts 17.89
37 Carcau�st 02-4a3Q�-4�0-5�t parts 9.5i
, i7 Carouest Qi-4330-4�5�-50 parts � 30.�8
i7 C�roucst 0:-433fit-49Q�-5Q parts 9.5� i'�i
i7 Carauest tdi-4.s30-4�@-5fi parts 6. @5
�� 17 Carquest �D1-4.�30-490-5m parts 45.33 ;�
�i7 Cara4�est Q�S-4330-4�Q-5� parts �. @Q
i7 Cartsuest 01-4330-49�t-�0 oarts 15.7�t
i 36 ---^'-- �...�
i „4, 96
Tc�tais Tern� C:teck itilurnber i7
� ` Terno Check NurnSer 18 • ' �
• i8 City Engr Rssn af i�irin �15-4404-i05-15 96 dues 40�00 J� �;
2 8 � 4+�. 0i1t
Tatals Tem� Cnecic ��.imber i$ f•
Ternp Check NurnDer i9 '
� 19 City of St F�aul �7-4460-713-00 re swanson addr� m,�97.Q10 �
t ; 19 a� 597. �1�1
Tatais Ternp Ch�rk humber 1� �'� �
r"•.t - '
t , �,
1�� %`. �f:.. " . y..t;':i"� _ � �,y.ra� iiiV� � � .. -�...... �''• •�+�'��t<i��4�+�t��•���— l re�se�.._.�.��...
. • ^ . ::f' %t't•H..r ; "r� %:lf. ...i:. i✓�� . .. —�'• .{i� �t/Y,rY.[. � ..t',.
»:�p,..; _.^is� � . +c .fi��C: ..�t � s�-� �''�'r" :✓ �r,:•H. ,:• ; :•.,..
, . . ".xc, . a•. ��'. r�'sc, ;' .. .. . . �.:�,: . . �.d~:
� <': y . . /".i" - . .. . , : i . . .. • . 't ' - .. . . � . .
_ .'ciy^r-`:. .. . , . <Y�r.�..,. _ .
. . , . . .. _ , + ' • • . . . . .. ; . . . � . . . ... . . . .. . .. , . , �.�:;y , .. .
i �'�
i��;
it;'�
2 Feb 19�6
Fri 1:33 F�M �
Ternp Check Nurnber 2'0
Terap.
Check
Nurnber Vendor Narne
2@ City of W St Paul
2Qt
Totals �emp Cneck Nurnber
Terno Check tVumtrer 2;
21 Connect Inc
^c1
Tc�tals Temp Ctrc�ck ht�m6er
Terop Check �iur:iber ��
z2 Ccpy Duolicati»g Pr��ucts
22
Tatals Terno Cneric tu�unber
Ternp Check i�"umber c3
�3 C�^awfc�r� Dt�ar
c^3
iatals Temsa Cherk iVaember
Terno Check Nurnber 24
24 Dakata Caurrty FS re Ch Assn
�4
Tc=tals Temp �tt�cic �:tun�er
Ternp` Check Numher �S
25 D�kot� Ca�mty Treas-puditc�r
G�
Tatals Temu Check I��atnber
Ternp Check Nurnber 26
26 James Danielso'ri ,.�.
2E
Clairns List
City af Ner�data Hainhts
Account Code
f 5-4,:� 3Q�-4�@-60
u�
01-4C 1 �7-Q�3�J�3@
8I
�1-4305-070-7D
22
Qt8-4335-Ch0�23-�3t0
�3
Qki -44P�4-23r�-3�,
24
14-4490-000-00
C5 •
1VJ-441 J-1 ��"' � J
' Tc�tal.s T�!mo Chc.ck Rumber 25 ,
� Ternp Check Number ?7
27 Danka Emgcy Eq 0�-4�05-t�3Q+-3�1
. .�- „ , ;,.,...�--•...�.-:;.::�._. _ _ ..._.. - - ., - .
: �F. . . . . .. .
.. . :<. : _ . . . • ,
Page k �
�
B
Cornment s Amc+ur�t
rn�it rnt cr�� 1� 234. 46 �
1 s'yc34. 46 �
�
�an svc 15.00
1S.00 �
�
ian svC '3.25 �
9. 19
�
¢�rts i37.15 �
117. 15 �
- {�
96 duea 30.Q0
3tL�. Q+� �"�
�
anni as�mt fee �, 860. Q�0 ;•"'}
��������
+• .1
�
y �. .!
feb ailow 1z0.Q��t . ..
ic0.0v'S ,' �
..'�'
solys 81.47
r,;' f
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. . . ,- -. : :"r.�',*.�,," oR.,,'K;S: '{'r?. . . .. ::"`-%•,?,;r .rr�;ti . e • 'S:.>'+t .;�'�'r.,.�e t%"t',�,�� r :'+''
, ' ' ., i _ , _ ..ttarW . s::;:p"` . ... � ' ,• ' ' ' - '
'"' � 2 Feb i99b Claims List Paoe 5 �
Fri is33 F� City af Merrdota Heights •
�...) Ternp Check i�umber 2� �-
(,;1 Temp. �'
Check
Number Vendur Narne Account Code Cusnments Arnc�ter,t
_.� s^"
'� .: ^c7 D�nko Emgcy Eq 0i-^ct?sild Ff eo 4, 477. �CtD �
27 Danko Emgcy Eq @1-430�-03@-30 splys 19i.7@
27 Danka Erngcy Eq 0i-#305-QJ30-30 splys 55.@0 �
� . ___-----
1 0� �4 y 8 Q�J . 1%
Tuta2s ;ecno C�eck Nurnber i7 i�
Temp Chpck Number 28 •
:'•y f"''
"' �8 Dennis Delrnant 01-4415-0c�-�0 feb allaw 120.Q1cn
; •� �g I2fD. 0Q� ('�
"' Tutals 7emp Check Number 29
{.� Ternp Check Nuratrer C9 ('�
��3 Fartis BeneFits Ins Co t�i-k13�-Q�31-3Q� febarern I6a.4�3
.... ------ ��a
. 2+� i 63. 447
Tc�tais Terop Ch�ek ht�mber 23
i�
"' Temp Gheck �iurnaer 30
�, 30 Frier�d:y Chev GcC1 01-433@-44Q--20 rors 224� 539_47 ("�
3@ 53�. 47
("t Tatals Temp Check Ivumber 30 � �,�
7esnp Check Nurnb�r 31
;'^'}
� 31 �2t�be F`rint i�,n E� Suppl ies 0i-43�i�+-Q'�v�-�� so3.ys 7. 98
31 Glabe I�rintinp & Supnlies k1i-430@-k1�0--2� splys 59.8�
y� 31 �lobe F'rint ing & Suppl ies @i-43O0-Q�z�-�Q� splys 2�_09 �
r^
93 96.9�
. Totals Temp Check Number si ���,i
7ernp Checic k�iumber 32
' 32 Doadyear 5et^vice Stc�re • @i-4330-k4�-20 rprs �2.�Q "'
32 Gaodyear Service Siore 01-k33�-440-�4 1:ires 292.^c4 �
. 64, .. • � �i4. 74 � �� 7
iotals iernp Checic Nurn�er 32
{..�
Temp Check Nur�tiber .:,3 .
� 33 Grahzm Nfg & Teresa Garlack 01-413f-@�0-�D feb prern gar2ock �8_75 �
3� 28.75
Tc�tals Temp Ch�cic humber 33 •,
• • ' i
----�. -.^_:^?: ' . y�.. .G�"_i '�'_'""""" �,-,s •r,�.,.rt<' " .,!r�_ �bi . �—�-� - .. , � ... : ",y ' . - . �.7!, :•�, t:cy:.. ,.x¢A?`:»y7t,;^•t•• ::e' - » "-' ..
?r - . a.�.:�r✓'-.�•` . '`�? . . . .. . . . . . , . .�... , .. . . . .i':;'� � : �':ly.".�; . .
.. ., 3 �a;` - . . . . . . . •� .rij:;,xJ +'Y'::•.�i.'i. . .
. . ,. J_ . . . ' ^ ' .,«� ' ' . ' ' . ' . . � ... .� . ........�''�io-• ,
. .... .L . _ . . • � �-e-• - �
2 Feb 1996 ,
Fri 1:33 PM
Temp Check Nurnber 34
Ternp.
Check
N�srnber Vendor Narne
34 �apher State One Call
34 �aaher State One Cail
68
Tatals Ternp Ch�ck h+.zrntrer
Ternp Check iVamber 3S
3� �rc�up Hea2th Inc
JJ
Tc�tais Temp Check Nurnber
Tema Cherk Number 36
36 Health Rartners
3Er Health R�rtners
36 Neaith Partnet�s
36 Health �artners
36 Heaith P�rtners
36 Fiaalth F�artners
36 Heaith Fartner^s
36 Health Partners
36 �iealth Partrrer^s
324
TG'G8I5 Temp Cneck �iumt�er
Temp ChecFc i�iur�iber 37
37 Hase I ric
37
7c�tals Temq Check Number
Ternn Check Nurriber 38
38 I C B Cl
Claims List
City af Mer�dc�ta Heights
Accaunt Code
i5-4210-060-60
15-k� i Q-06Q�-EsQt
34
05-4131-ifb5-15
JS
01-2074
01-413i-110--10
II)1-k i 31-Qt`�0-i:0
01-4131-@40-4Q�
01-k 13%-@�i0-Sa
@.�'i-4132 -I 0�-15
i5-4131-@o0-6Q
2a-1145
fdi -k i 31-Q�7L�-7L�
. 36
�c� 1-43Q�5-05�-5Q�
37
01-440k-040-40
G�rnment s
nov svc
dec svc
feb prern
feb prern
feb prem
fab prern
feb prern
feb prem
Feb prern
fet� prern
feb prem
feborern
solys
96 dues
Rage 6
Rmuc�nt
w. .�.7�CY`
5. 25
1.75
165. 35
� 65. 35
3� 577. 8^c
I , a01. 22
2,k41.18
S.`'i^�. 7 �t
1, 623. 74
1,623.74
391. 4$
a�I��� ��
748. �48
ic,61y.4�
63. 9'�
63. 99
85. @0
�
__ �_ ,
... �$ 85. 0�
Tatals temp Check Nurnber 3B � .
� \, �
.. Terop Gheck Rturrs�er `' �s�+ 39
,.,, 39 I O S 0A-4330-4�+5-40 feb mtcr� 3�.3tZ� i..!
"' 3� I O S 0f-4330-4�0-5@ feb mten 15=25 _
39 I O 5 01-4330-490-7@ feb rntcn 15.15
� 3� I 0 S 1�-4330-4`�0-60 feb rntcn 15.15 �f�
39 I fl S 05-4330-4�0-15 feb tntc» b0.55
3� I 0 S 01-430k�-Q�80-8@ , feb mtcn 45:5�
�.. 3 �..1
-;� . ' �,,,1
• ^ - - � - - - - - n�:- -:�r: - ;'�^ - .;r��ca�� - - ��r:: - ,� C.�sicl;c v"A'; �'�'.??i,;, . .,r..?, o.ct�,.,�. '..�.. .,K,�. �_.__.:t .+'+.�.,8,.,z.,...--.---��-
, ' - `.i., i. 'i'1' .y.. ?�:n� t., . i'`�.�u"SK-+. :+•. M; ��tr.,a...r. ,'{�F�!'��.+3.^r. , e,�.t-• . . .
. , , ,, . ..s �t.. •+j�' .. . ... . ... •r,i`�t':""' . .,f. "�+.,_',.�,,,� "Y:va... �`i:?j. : -.,... •
. .. • . 'M�,�`,��. . '� . ' . ' � ,. ... � . .. . ,Y' . ... . :^ �� .. . . . _ . ' ��:, .. . . ��:_,.;?.:
,,:i>:
2 Feb 19�6
Fri 1:33 PM '
7ernp Check Nurnber 3'3
7emp.
Check
Nurnber Vendcm Name
3� I 0 5
39 I O S
39 I O �
.';5i
7ctals � �rno C:�eck �.lura�er
Temp Check i��.�mber k0
4@ Interstate I7iesei
40 InterState Die�el
40 Interstate Diesel
40 Interstate Diase2
260
Tatais Tem� Ch�ek �3urnber
Ternp Check N�.imber 41
41 J & f� Clear�ers
4i
Tutals Temp Lh�cic Number
Ternp Check Nurrtber 42
42 Gaul :{�iser
42 Paui Kaiser
84
+c�tals Terna Check Nuraber
Temo Check 14�.unber 43
43 7hceraas tCne.tt�
43 il-�omas Knui:n
43 7homas :{nuth�
43 Thars�a� Knutts
43 Thoma� Knutn
�c15
Tatals Temp Ci���ck �urnbEr
Tetno Cheek Nurn�er � 44
44 Krechs &usi r7ess 5ysteras
44 Krech� R�ssaness Syst�rns
44 Krechs Business Systerns
44 Krecns E+usir�ess Systerns
44 Krechs Business 5ysteres
Clairns List
City of Nendota Neights
Accaunt Cade
�I-44'90—I09-09
0i-4330-49$-1@
QF -4,�3fi-4E+0-s@
39
03-433@-440-20
01-4,3a@-49Q-50
Q1-433Q�-490-70
Qti-4.33iA-490-5Qt
4Q�
01-4410-@�0-�0
41
01-4268-i50-30
01-4�r i5-030-a0
4�:
i5-4210-06@-6�1
�7-44i5-716-0�
27-44i5-7ii-0�
iD5-44 i5-'x �ZJS-15
nL.cl-�f�F J, J�1 �J�1 J
43
02-4330-4�0-i�c
Q1i -433@-490- i tD
01-4330-44Q�-c0
0i -4330-460-3iD
01-4330-430-5�d
H
, �•.;i:��':raF'•y' .{£." '_-u:;�r'.:' ?'.;:,r:-i .�i+;,r t.": - �:i.n ' C
: rr.ca:' ss' �%�=•
si''• ._ ;.{ _ - . . ';�. ,
. . ».�;��'°�'' .,, .. .:i:' ' " . .
Page 7 �'
�
�
Camrnent s Amount
feb mtcn 45.k9 �
•Feb rntcn 60.65
feb rntet'a i5.25 �
3413. 19
�
parts 38.50 �
parts 23.21
parts 23.iQ� �
parts 13.41
98. i 2 �
�
��n cing 131,97
i31.97 �
�
,�an svc 1, 56@. .�7 �
exp reimb c�4.afi
� i,�84.73 �
�
exp reirab 3�.16
exp reirnb 25.52 �^,'�
exp reirnb �6.68 '
exp reamb 23.63
feb ailoW Ine.O@ i...1
i QtS. 99 �
� �� �
297. 50 �")
type tntcn f44.0�2t �
type rntcn 96, 00 �
type mtcn 48.00
type roten 48..�CQ� �
�. �
� � � � � �a
�•2�..�..�Lo'�'.;��T`��� ��{ti-ny-e'-„R�?1�Y�� �-p �p�p�
'9A G .:�. < P C .`��'.
4 : J. _ :4l. '*^t-.
.'.�. '+.*.•i K-�. !\ 4. :4
. z � .r. .t'.'. 1.% � . :S
i . �a:
. .. _ �"�' . .
. • . • • .,r � '+'�> s - :t�, t .. . "�`.
, . . ' ' > . . .. _. ... ' ' . -i ;�c� W"n
. . . .. i . . S.
�
� �eb 1�96
Fri ie33 RM .
Tamp Checit N�.itnber^ 44
Ternp.
Check -
Nurnber Vendor Neme
44 Kre�hs Etu�ir�ess 5ystems
264
Tc�tais Temo Gyeck Nurnber�
Temp Ch�ek i�urnber 4�
4.�i �. E L 5
4�
Tutals iernp Check Tvurnber
Temp Check Nurnber 46
46LMCf T
46L,M C i T
9'�
Tutals � emc� Gh�ck. h:urnber
Ternp Ch�ck iVurnber 47
47 L�kelanG Ford
47 L�keland Fard
47 Lakeland Far�
i4i
Tc,tals 't`erao Ch�ck i��_irober
Ternp Check Nurnber 48
48 League rn Cities
4$
Tc�tals Ternp Check Nurnber
Ternfl Gheck Num�er 49
49 Less ���+ss Ync
49 �
Tcst�ls Temp Cneck hdumber^
Ternp Check Nurnber ~ � 5Z�
50 Linec�ln E�enefit
50 Lincoir� Ecerrefi.t
Ciaims t�ist
City af Mer�dc+�a Hei gnts
Accaunt Code
P,5-43sQt-4�30-25
44
QiS-GO%J �
45
01-�+�74
01-4 I 31-�c^@--2@
46
01-433@-490-50
01-4330-4'�0-50
Qs1-433�-460-s�
47
01-44@2-11 Q�-1 �
43
�Zti-43Q�i�1-1 i0-fit�
4�
01-4131-@�iZ�-�0
�k1-4131-1I0-i�
� 50 Lir�coln 8enef�t �1-2@7k
180
;,.: Tatals i emp Cn�ck IVumber 5�1
_. `}
-�- - _ . � .T�.:._.._.,_.,,._.. -
, ` ... ��' � • � '4• n. � � . ' .�.. ' " . .
Paoe 8 �".
- �
�
Cornment s Amaunt
type mtcrr 4$.�i0 �
682. 50 �
�
feb d�.�e� a63.4�0
------ (�
303. Q�Z
Q
feb prem 44A.51 �
feb pr^ern 43i.34
535. SS (�
. �
par^ts �6. �6
r,t n 5. 9:=cr �
part s 360. 83
a81. 1"7 {�
%..�
di r,ectc�ri es 51. 88
91. &$ �
t„i
solys 1�i4. c6
i.. y
i@�+. ^c6 �
�
r,�
�.1
feb prem 367.11 _��
feb prem Is8.i0
feb prem 4@. @@ �j
545.2i
ty
• . �.�
.. �Y�+s-?.t.��.+y��;'�'�4�Z�'}Sti:: n�%`. .�. ?� i4Yi -'GY.i. �y: ��'XXi��4C.�n'���T.'. •f1.Y:..�1f:'��:
. . . :rt .�;�. ., �1- .
. � :A;.t. � . ;.�::. ..
. . . � ..• . . ,•.f . . � ...�. ,�. . . ... . �. . • . .. nu .
�
, ';
2 Peb 1996 Claims List
Fri 1:a3 PM City csf i+3endota Nei:ohts
Temp Cheek Nurnt�er 51
Ternp.
Check
1Vumber Vendor Name Accaunt Cnde
5k �yr�rE F°e�vey �31-4 ;P,O-���-�k�
5i
7ata1� fer�ia Cherk Number 52
Ternp Checic �iumbe�^ 5w
52 Mac Queen 01-4330-k90-50
S� hiac Queen 01-4330-494-50
5t Mac Queer� 0i-433Q-A9¢�-50
I Jf?
Tatals 7emp Gh�ek Number 58
Temp Check Nurnber- 53 �
53 Mi»n Div IAI 01-44@k-02�-2a
5,3
ic�tals Temp Ch�ek Numher 53
Ternp Gheck Nurnber 54
54 M A AsSociates Q��.��F3QJ��JO^S1
54 M A Associates PJS—�f3JJ—PJQiO'"OfD
54 N A Rs�ociates 0&-4335-00?-t��
i62
Tutals Ternp CReck i�ium�er 54
Tecnp Check IUuraber 55
55 Mac Warehau�e 01-430i-0�0-2D
�55 hSac Waret�afase �i-4Es6Q�-Q��0-20
55 Mac Warehou�e 01-4600-020-2w
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Tatals iernp Check i�umber S5
Temp Check 1�lurrGber 56
SB Mid American F'ower I1r� 01-433�-490-S�S
56 �
'iotals Ternp Check ivumber^ 56
Ternp Ghecic Nurnber 57
57 Metro Councfl Wastewater Svc 15-2010
57 Fletra Cc�unci2 Wa�tewater Svr 15-444�-060-60
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Page 9
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94. 87
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Fri 1:33 PM � City of f*endota Heights .
7emp Check Nurnber 57 �
Temp.
Check �
Nurnber Vendor Narne Acco�int Cade Carnrnents Amaunt
57 Metro Council Wastewater Svc 17-3575 feb svc 2,7'36.60cr �'
171 71,33$.50 �
Tatals �ernn C:�eck Nurnber �7
Fernp Checlt 1Vamber 58 �
58 Midwest Packer ��arts IDI-43a0-490-50 rprs 129.69
58 ------ �
1 �6. 69
Tatals Ternp Check �!umber 58
Temp Check tVumber 59 �
59 Mid ''"atate Organized C�^ime @1-44@4-020-2a 96 dues i5�. ft�0 (�
5� i 51b. Q�0
Tatals Temp Check Nurnber 59 �
Ternp Check Nurnber 60
60 hlinrr Crirne F�revent iar, Assn 0#-44Q�4-t��0-cQ� 96 dues 3Q. Q�0 �
6Q� �0.00 , �
Totais Temp Chec{c Number 60 ' �
Temp Check fUurnber 51 �-�
61 Minn Mu•tuai Life ir�s 01-2�74 feb prem ^c03.57
61 Kiinn h1ut�.ia1 Life Ins 01-4131-1 i0-i0 feb prern 7. 6a �
6i Minr, �:ut�tei Life Ins +2�2-413i-Q�:'0-c� ' fe� {rrem �4.�15
61 hiinn filtutua2 �ife ZMs 01-4131-Q�5cR-5@ f�b prem 3.&0
61 Minn iriutual Life Ir�s �i-4i32-0�0-70 feb prem 5.'7p �
61 Minn Mutual Life Ins OS-413i-0041-0� feh prem i«9�
366 246. 62 �_r�
Tat�is Ternp Check N+��rn5er 61
Temp Check hiurnber 62 f;�
62 Yin�� Dept af Publ ic ��fety �i-4�t��-6iQ�-c0 car�n chgs �7Q�, 0�C �
62 � ----- v f... �
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Tr.{t�Is Te.mn Check #�+arnber 6�
" Terno Check Number 63 �•�
� 63 Mirmesc�ta Eeenef it AsSn 01-c^074 feb prern 384. 15 �
63 Minnesata Henefit As�n 01-4131-020-20 feb prem 367.96
63 Mir�r��se�ta %�enef it pssn Q�i-4133-05Q�-:,Q feb prem 98. 8�
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:ri �a33 PY ' City of Menda�a Neights
{' �
� TQmp Check N�.tmbe�^ 63
i "1 Ternp. �
�� Check
Nurnber Vendor Narne Rcca�tnt Cade Cornrnents Aroaunt
� 1 6a^ Mir�»esota Ecersefit Assn 0i-4131-070-7Q� feb pt^ere 3f3.13 �
63 Minnescta Renefit Assri 01-4i�i-ii0-10 feb prern 38.8i
� 6^s Min»esota �enefit Assrr 05-4f31-105-15 feb prem 94.28 �
63 Mint��esc�ta Eter�tef it 4ssn i5-4i33-Q���Z+-6Q� feb prem 44. S2
44S 1�341.6E � . �
Tct�ls 7emp Check tiun�b�r, 63
.• Ternp Check Nur�ztser 64 Q
64 Minr�esota Mayars Assn @1-k4@A-109-09 anni dues 2Q.04
' 64 20.00 �
Tc�tals iemp Check hiumber 64
�,'1 �
Temp Check Nuriiber 65
65 Ma�^tc�n "fhoicc�i r�i-442i-Q�SP-.=,0 saf t sa2t �, ���.69 {�
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• Tatals iemp Check h�amber . 6S Q
Temp Check Nua��ar 66
�� 66 M�micipals 01-44@4-ix0-10 96 dues i�•�� �
i '1 66 i �. 0tA �j
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Tata2s Temo Check I�urnber 66
. Temp Check �:urn�er 67 �1
6? N�tl Volunteer Tire Cr,tincii Q�i-A4�+G-k'�30-30 96 dues 4�-��
� �67 4�. Qt�s �
Tc�t�Is Ternn Cnecic �umber 67
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Temo C1eck ivurnber 58
68 NexMeil Comm Q1-k33G3-440-2�c r^prs ' i8�-�� •''��?'
' 68 N�xtell Cornm @5-433t�-44Q-��t rprs ' 496.9t2� ."
i 36 683. BiZc �� �...�
7atal� Terop Gheck tiy�,qer 6b
Ternp Checic t��.trnber 69 �..?
69 Ncrdic @i-G30;-@30-30 splys 98.25 -
+�}� 69 Nc�rdic 01-4305-050-50 splys 9$.25 , �J
6J Nt+rdic 01-4305-07@-7@ 5plys . �g•�� �
• c07 294.75 (;..?
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i ernp Check }Vurnber 70
Ternp.
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Nurnber Vendor Narne
70 i�Earth Star Chapter iCBO
70
Tatals Temo G:��ek ;�tum�ar
Temp Check Number 71
71 Nar�thwesterr� Aggregate
71 Northwestern Aggregate
72 Northwester^n Ag_yreg�te
73 tVorthwestern Aggregate
�84
Tc�tais Temp C1eck Nurnber
Temp Check 14umber 72
7C yortherr� 8tate F�awer
7� Nr,r4 hern S� at e Power
7� Ncrtiner^n State r�aw�r
72 hc�r� herr, St ai e r ower
72 �iurthier^n 5tat�+ F�ower
7� N�rtherr, 8tate Pawer
72 lVarther�n State F�ower
72 Nori:hern State Rower
7� Aiorthet^ri State F'ower
7c; Nnrthern State Pawer
7c^ Narthern Stat� ���w�r
72 Narthern State �={ower�
864
'ic�tais Tern� C:�eek iUtu>>ber
i entp' Ch�Cit �3UTAb�r 7s
i3 yorthern State ��aw�r
73 hc+rt her n 8t at e� awer
73 Northern St�te F�c�wer
73 IUc�rthern State i�awer
7a f�arthern St�te r�c�wer
3E5
Tcrtals i emp ChecK �i��ter^
Temp C�eck Nucnber 74
74 02kare�t Kerinels
7k Oakcrest Kennels
146
. Tc�tais Ternp C:�eck Nurnber�
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City c�f fiie�d�,ta Feights
Recaunt Cade
02 -41t0ft�-2i4�+-40
7Q+
01-4421-�i50--5Qt
0k-4421-ft50-541
fLti-44�:-Q�50-5fl
01-4421-�50-�0
7i
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01-42ic-310-50
01-421�-3.Q-7�1
i5-4�i�-3i0-6tD
@i-4c^lc-3�0-70
i5-42 i2-4ittQ�-6P1
dt8-4212-Q�r�O-��u
0i-4211-315-30
0i-42li-si0-50
01-4211-3I0-70
15-4211-3i0-6�
28-4cf 1-Q+�2+0--r2�ft1
7^c
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08-4^c S .i -dOQti-td0
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73
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74
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Page 12
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2 Feb 1996 Glairns List Raoe la �
E'ri 1:33 P�i ' . City c+f i�er�data lieiqhts
.
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Ternp Check Number 7,�,
Ternp. �,:
Check
Nurnber Vendor Name Accattnt Cade Cuc}�r,�ents Amaur�tr
� ?7.83 �
7� Office Max 01-430�-07Q-70 spiys �
75 qffice i+tax 01-430@-110-1� sp2ys 141.�0
75 Office Max 01-4300-050-54� splys 40.50 �
75 Office N�x 0#-43�L�-�i70-7Q� solys 4k�.5Q�
75 Office Max i5-4300-Q60-6� splys 4�D.43
75 Office Yax Qi-43Qi4t-07�-7FI sply5 65.69 �
75 Off ice Yax 0i-4sQ�tctY-2 i0-i0 splys 8,�• �8
%� Office �c�X Q�J��iJ���1Q�J'�SJ SOIYS 3'1.%J ,
600 483. 58 �
Tatals iernp Check Number 75
�
7ernp Check Nurnber 76
76 F'aoer Direet 0i-4300-210-i2t sa2ys IGI9.6Q� �
�s �a�. s�
'ic.�tals Ternp Check Numbe�^ 70 �}
Temp C�eck iVurnber 77
77 F' C Maqaaine Qti-44Q��'-1iQ�-10 rer�ewai 49.95 �""�
77 4�. 9:� �
Taiais Temp Check Number 77
Temo Gheck Nurr��er 78 .� {,�
7$ reat Nar^wick 1+1ain 8 Ca c�1-422�L+-13a-ffL+ au�it �,8okl.shk� .
78 peat Mar^wick Yain & Cr_� f65-k�20-130-15 <�UCIli'i • JRJJ. �Q
78 �'eat �:arwicM Mair� & Co kS-4c��-23�--£s� �udit 46�.�C�t �"�
78 Peat Narwic4t Y�ir� & Ca 2'3-4���-130-P�Q �udit 17S.rd+D
78 k'eat Marwick Main & Cu c^1-Q22m-130-00 audit 175.00 �
78 Peat Narwick Mairr Z� C�, IRi-4i��Tr—i.SQJ—QjQ� audit 230.00
78 F'eat Marwick Nain & Ca Q,s-4�c^Q�-130-@0 audit 575.@�e
--- ________ ..�
546 5. O�+fL+. tZ�p� ..
Tatals Ternp Check N�_unber 78
• `..��
Ternp C:�eck t�iurttber 79
79 Principa2 Mutuai Q�i-2071 feb prem 100.9� �� f..j
79 Principal MuLu�ai 01-4132-0i0-�0 feb rsrern i��.99
7'9 Rrincit�al Mutuai� 01-4132-07@-7Z feb prem 43.63
79 Pr^ir:cipal �1�.ttt.�ai i5-423�-0�6fl-6�1 feb Grern t0.�8 t.1
316 294.8�
Tc�tais 'Cemp Ch�cfc Number 79 �11',�
'i'ernp Check N�.uober 80 -
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80 �Catwik Razak Etergstram Maiar�ey �tf-k224-Q5@-5@ re pw grievar�ce 4Es.3�1 .
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2 Feb 1996 Claims List
Fri 1:33 RM ' City of Mer�data Heights
Temp Check Nurnber 80
7emp.
Check
Nurnber Vendar Name Account Cade
80 Ratwik Ro�.ak Bergstrom Maloney 01-4824-¢t70-70
80 Ratwik Rc�zak Berastr�m Maloney 15-4��4-@6Q1-60
24II1
Tctals Temp Chr�ck IUumber &@
Ternp Check Nurnber 82
SI RQad Resecte Q�i-433Q-46@-3�}
81
Totals Temp Check Number 81
Terrtp Check Number 82 '
$� Stiewt'3 Sarrde�^s �.�.r-44i5-IQ�,.�i-i5
82 Shawn Sar�ders OJ�'�F�F�IQr�I�J^SJ
i64
Tchals Terno Check Nttmber 8�
Temp Check �?uroher 83
83 5t J�seoh Eo 01-4a30-49Q-50
83 '
Tct�ls Temo Check Nurnber 83
Temp Ch�clt !tlumber^ 84
84 L E 8haughr�essy 1r� �i-4^c20-i3^c-fTct
8�t I.. � 5haughnessy Sr �5-4�2a-i3'c-f5
84 L E Shaughr�essy Jr 15-42'20-13�-60
84 l.. E Shauflhr�essy .ir �1-4�^c�d-13�-0Q�
84 L E 5haughYressy Sr 03-42�0-i3"-�'-Qt�Z+
84 L. c 5haugnnessy 3r �9-4�80-i32-0@
84 L E Shaue�hr�essy Jr 16-4�C�C-i3�-Q��
� ��, 588 • ,
Tatals Temp Ch�ck iVumber 84
. • Ternp Check Nurnber 8S
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Page 14
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46. 32
i 38, 9�
1Q4.37
104. 37
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12. 50
34. i4
S 8@. 54
18Q. 54
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i 70. 30
250. 45
i 90. 35
2 # 0. 40
85. i5
c. 459» 60
5a @Q�'3. c5
7tD, 19
.. 85 70. 19
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Tcttais Ternp Ch�ek Number 85 �
� Ternp Check Nurnber 66 �
�:�a 86 SaFtG�2sk Pubi Q+1-4441^c-i 10-1Qi solys 44. 40 (" �
ti6 44, 40
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c^ �eb 1996 Glaims List
Fri ie33 PM ' City of Mer�dota Neights
Temp Ch�ck humber 86
Terop.
Check
Number Vendc+r Name Accaunt Code
Tc�tals Yema Check Nurnber 86
Temp Check SVumber 87
87 Rer�ee Sc�r^er�san Q�i-4435-200-7¢�
87 •
Tatals iemp Check Nurnber 8� •
Terno Check 1Vurn�eM 88
88 St �'�ul Stxmp Warks �12-4�c^@-@85-85
8B
7at�ls Temp Check IVurnber 88
i erno Check hiurnber 69
89 5tate Treasurer �i-�Qs1@
8�
Tc�tals Temp Check �itimber 83
Temp Check Number • 9@
9Q� State t'�lutuai Ir�s 0i-2074
90 Statt� Mutu�l In5 01-4131-0�Q-20
18Q�
':c,tais Tem,� Gh�,ck Number '�+�
Temp Check l��rrnoer� �f
�91 Tri County L�w Enfc Qfc Assn L1-44@4-@c�-20
9;
Totals 7errto Check Nurnber �1
Ternp Check i�lurnber 9^c
92 U S West Cc�rnm�snicatic�ns QI-4^ci&3-Ii2F-i0
9� ll S West Cc�rnmunicatic�ns 01-4�i0-020-2Q�
92 U 5 Wes: Carnm�Eni,�tians �1-4C10-�u4�-4@
S2 U 8 4vest Communi cat it�ns 05-4�20-i05-i5
92 IJ S West Ct+rnmu»icatic�ns 15-4�10-06Q�-60
9': U S West Cumrnunicatians 01-42i0-0�0-30
9� U S West Cotnraunicatic{ns 0I-4220-�150-5�1
9� U 8 West Carnm�_tnications 03-4�10-070-�0
736
t i Tc�tals Temp Check Nurnber� 9�
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45Qt. @� . �
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�"` 2 Feb 1996 Glairns List Page 16 �
Fri 1:33 PM Czty of h�endata Meights '
��� Ternp Gheck Number 93 �{
_ ; Te;np. �
Gheck
�fumber Vendcr Narne Acco�mt Cade Gamrnents Amount �
93 Universai Life 01-4S31-1i0-10 feb prern 159.36 �
93 Universal Life 01-413i-@20-26 , feb prem 355.10
s� 93 Universal Life 01-41s3-046-40 . feb prera 145.fi �
93 Universal L.ife flil-413i-Q�SfO-SO feb prem 179. a;
93 Universal Life i5-4131-06�-60 ' feb prern 366.4@
93 Universa� Lif� 0i-4:c3i-07�-74 feb prern . CZ8.32 (`f
33 Universal �ife 05-4132-it�5-i5 feb prem 236.43
�"� 551 . i,b70.03 �
Tc�tals Temp Check i�lurn6er� 93
. • Ternp Check Number �4 (�
94 U S West Cellular 01-421@-02@-20 �an svc �47,10
�y 94 U S West Ge11uI�r 01-421Q�-0.�0-30 3an svc 13.7@ �
i 8$ 260. 80
Tatals Temo Check hurnber^ �4 �}
Ternp Check h;�.imber '95
., } �
.. 9S United Way St Pat:: 01-21X+70 ,}anlfeb cantr i77.70
..., 95 I77.70 �
��''� Tota2s Temp Check Numl�er 95
Temp Check IVurnber 96 , �
96 United Decz�o�tic<nai Health 01-2010 physicais i,16�c.¢�Fi
96 1,16�.�0 �
'i'atais Tetnp Check N�tmber 96
� Ternp° C:�eck Nurn�er 'a? �
, 97 Ur�iversity aP Minn G�l-44Qf7-i1Q+-1�2 rnur�icipais wksho 35.00 ��
97 University of Yiir�n Oi-440Q�-020-c0 in�rr�icipais wkshp 35.4d
iS4 ' 70.00 �'�
"' Totals Terno Check hiumber^ 37 �
. Temo Check {Wurober 98 � �.�
!
�8 iva 2 dr,r P«rna ~� i 5-433�c -49P-b0 � •• rors i 92. 1 i
-- ------ {...1
98 192.11 .
Tatals Temp Cn�rk N�.ember �8
� Temo Check Nurnber . 99 �
"�, 39 Windows Q�1-44Q12-SS0-20 r�enewal 16.97 ("�
99 IS. 97
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y Feb 1996 ,
Fri 1:33 F�M�
Temp Check Number 99
Terap.
Check
Nurnber Vendar Narne
Tatais Temp Check lVumber
7emp Check Nurn�er 10Qt
iQi@ R P Whitace & Co
1@Q� R B Whitace & Cv
�@0
Tutals 7erna Check Nun�t�er�
Ternp Gheck Nurnber 101
i4{1 Zieg2et' Inc
10i Ziegler Irrc
10i Ziegler Ir,c
303
Tutals Terno Check t�turnber
13490
Grand Total
0
�
Claims List
City of Mendcta•Heights
Account Cade Carnments
99
0i-433@-4J0-70 parts
0 f -4.33Q�-49�- ;� i.�a�^t s
100
01-4330-49Q1-5C� parts
01-4,�30-490-50 rprs
rctl-4330-49Q-50 parts
z �'' MAN!!A!. CHECKS
25669 1,298.00 Paymaster check protector
.15670 39.94 Kinkas� • fire�dept splys
15671 9,i43.70 mNSP• utiiities
.15622 � 220.00 Arrowhead fire dept regr
15673 90.00 Riverland Technical •
' 15674 174.00 M1nn Dept Fevenue 4th qtr sates t�
25615 50.00 State M�tual ins adj �
15676 1,3U0.39 Brad�Ragan . splys pw
15677 195.U0 Sensible L4 Coalition ' regr
15678 �,615.b3 State Capitol CCt � 1119 payrali
15679 ` 700.00 Sauk'Rapids F D regr
15680 175.Op Russ Wahl inspections
15681 65.68 Sensibie LU Coatition regr�
156$2 100.00 Compr Mgd Cdre ' set up fee
15683 13.84 PE�A 1/19 payroll
I5584 9,134.42 " .�
15685 ' 855.14 ICMA "
15686 270.00 Minn State Retiremant "
I5687 260.00 6reat Ftest �& A� � "
25688 I,010.00 Minn htutual ' "
.15689 266.4b Dakota County "
.15fi90 . 3,824:94 Co�rmissioner Revenue "
15693 405.00 Dakota Coiunty � � "
.15692 16,876.97 '" ' "
15643 48,684,49 Payrotl ajc ..
.15694 � 287.20 Yalley Trophy plaques
.15695 . 32.U6 State Mutual -ins adj
100 Ob9 . . . � . .
page 17
Arnount
37. �9
27. 56
64. 85
78. 81
643. 89
�6. 93
75�. 63
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CITY OF MENDOTA HEIGHTS
f �►i I �►�iT�7
February 1, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, Interim City A���trator
SUBJECT: Proclamation of March 3-10 as Volunteers of America Week
. .�
Attached is a letter of request from Mr. James E. Hogie, Jr., President of
Volunteers of America in Minnesota, requesting consideration of proclaiming
March 3-10 as Volunteers of America Week within Mendota Heights. The City has
passed similar proclamations for the past several years.
An appropriate proclamation has been developed and is attached for your
consideration.
' �1 ; • �_ �
Should the Council wish to declare March 3-10, 1996 as Volunteers of
America Week within Mendota Heights, the attached proclamation should be
adopted.
KLB:kkb
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PROCLAMATION DESIGNATING MARCH 3-10, 1996 AS
VOLUNTEERS OF AMERICA WEEK
WHEREAS, the Volunteers of America, a social service organization, is
celebrating its 100th year of service to the people of Minnesota and the Nation;
and
WHEREAS, the Volunteers of America is making a valuable contribution to
the people of Minnesota by providing valuable services and care to those in need,
including the elderly and our youth; and
WHEREAS, the volunteers have enriched the life of our community through
their concern, commitment and generosity of spirit; and
WHEREAS, the Volunteers of America is commemorating its 100th year of
service and urges others to uphold the American philanthropic spirit through their
commitments to help those in need.
NOW THEREFORE BE IT RESOLVED, that I, Charles E. Mertensotto, Mayor
of the City of Mendota Heights, do hereby proclaim the week of
March 3-10, 1996 as
VOLUNTEERS OF AMERICA WEEK
within the City of Mendota Heights; and
BE IT FURTHER RESOLVED, that copies of this proclamation be transmitted
to the Volunteers of America as evidence of our appreciation and esteem.
In witness whereof, I have hereunto set my hand and caused the great seal of the
City of Mendota Heights to be affixed this 6th day of February, 1996.
SEAL
Charles E. Mertensotto
Mayor
��
d
�
�
T�Volunteers of America
MI1lri�SOta
January 26, 199b
JAN 2 9 1996
_,.,..._.. �,._.._-----�o..--�,...
The Honoxable Charles E. Mertensotta
Mayar af Mendota Heights
1101 Victoria Curve
iVlendota. Heights, ivlN 55118
Dear Mayor Mertensotto:
fi 11'Ii12tSdJy (?f .S4'YUiCG'
Volunteers of A�nerica
Minnesata
5905 Golden Valley Road, Suite 110
Minnea�olis, Minnesota 55422-4494
Tel: 612-j4C-324?
1�aa: 6� 2-546-z77�i
The Volunteers af America is excited to be celebrating 100 years af service. Volunteers
of America Week, March 3- 1Q, commemarates the founding of our organization on March
8, 1896. We are one of Minnesota's Iargest human service organizatians, and annually
more than 92°l0 of every dollar we receive is spent ciirectly on gragram services.
Thraugh the years, Valunteers of America has demonstrated it is a dynamic arganization
keeping pace with the ever changing world. We recognize the need for developing creative
ways to solve problems and meet cammunity needs for all members af our socieiy.
I hope you will recognize March 3- 1Q, 1996 as Volunteers of America Week and ask tllat
you join us in celebrating our 100th year of service. Your personal proclamation
acknowledging aur service to the people in your cammunity will be appreciat�d.
Your proclamatian, along with other proclamations and letters will be dupiicated and put
into booklet form. A booklet commemorating our 100th birthday will be placed in the
re�eption area of each of our pragrauls anti senior dining sites.
Samething wonderful is happening in 14�inriesota, because of you! Your interest and support
makes a significant impact on the success of our organization. And, as you know our
success is measured through the lives of those we touch.
Respectfully yours,
c,l�m�.o � � �+.
�/
James E. Hagie, Jr.
Fresident
Enclosures
CeZebratin,� 1 C�0 Years of Service!
TM
Volunteers of �►n�eric
a
Minnesota
1995 - 1996 PROGRAM SERVICES
,
Children & Teenagers _
Bar-None Residential Treatment Center serves boys who are emotionally/behavioralty disturbed. 612-753-2500
Children's Emergeucy Sheiter social services in a p�otective environment far children in crisis. 612-753-2319
Children's Shelter Annex long-term care with social and educational services for children. 612-753-2500
CornerStone Child Care Center for infants and preschool aged children. 612-495-3345
Correction Foster Group Homes therapeutic homes for teenagers with a delinquent history. 612-546-3242
Emergency Shelter Foster�Care Homes provlde short-term care for children. 612-546-3242
Evaluation Shelter Unit deterrnines appropriate treatment plans for troubled youth. 612-753-2500
Foster Homes for Children where traditional family care is provided for children. 612-546-3242
In-Home Respite Care for families of children who are autistic, autistic-like and/or disabled. 612-546-3242
Intensive Treatment Center for boys with severe behavioral problems in a secure setting. 612-753-2554
Out-of-Home Respite Care for families of children who are autistic, autistic-like and/or disabled. 612-546-3242
Settevig Center serves emotionally and/or behaviorally disturbed boys. 612-753-2500
Short-Term Aftercare prepares s child for a successful transition from treatment to home. 612-753-2500
Specialized Behavioral Program serves emotionally/behaviorally disturbed boys and their families. 612-753-2500
Specialized Foster Homes for children who are physically and/or mentally challenged. 612-546-3242
Treatment Foster Homes provide a supportive, directive environment for children and youth. 612-546-3242
Adults
CornerStone Supportive Transitional Housing for homeless/high risk famities. 612-495-3344
In-Home Supportive Living Services and Respite Services for disabted adults. 612-495-3550
Ponderosa Board and Lodging�services for adutts. 612-495-3371
Pripceton Supportive Living Services a home for mentally disabled adults. 612-389-9461
Regional Corrections Center a jail, workhouse and work-release program for women. 612=488-2073
Residential Center a pro-release and work-release correctional program for men. 612-721-6327
Semi-Independent Living Services IeArning opportunities for individuals with special needs. 612-495-3550
Settevig Supportive Living Services a home for developmentally disabled adults in Mora. 612-679-2264
Stevencroft Apartment Supportive Living Services for developmentally disabled young adults. 612-644-2514
Stevencroft House Supportive Living Services for developmentally disabled young adults. 612-644-2514
Supported Independent Living Services for adults with special needs. 612-495-3550
White House Supportive Living Services for developmentally disabled adults near Wahkon. 612-495-3407
Senior Citizens +�
Home Delivered Meals noon meals delivered to homebound seniors. 612-546-3242 �
Mora Senior Supportive Living Services for mentally disabled elderly who have special needs. 612-679-0243
Senior Dining noon meals in a community setting, to anyone 60 years of age or older. 612-546-3242
'YOLUNTEERS OF AMERICA ... was founded March $, 1896
in New York City. On Aprii 24, 189b services began in Minneapolis.
VOLUNTEERS OF AMERICA, a national Ct�ristian human service arganization,
has a 100 year history af serving peaple in need; regardless of their race, color or
creed. It seeks ta develop programs in areas where needs are not being met by
existing setvices. � �
V4LUrtTEERS C►F A]VIERICA staff is comprised af individuals who not anly have
administrative and/or prafessional social work expertise, but who also have a
commitment to the Christian mission of the organizatian; the reaching and uplifting
of all �eople. I,ast:y.ear, in additian to 3A0 staff, more than 2,1.QQ persQn� volnuteered
their taients to heip enrich' prograri2 services in iVlinnesota.
VOLUNTEERS 4F AMERICA, a 501{c}(3} organization, is eligible ta receive tax
deductible donations.
VOLLINT'EERS 4F AMEkICA meets all regulatory standards, publishes an annual
regort, has a certified audit, and files with the Charities Division of the Minnesota
Attorney General's Office.
's � • ` � � i ' � �
Ronald L. Britz, Chairman
James E. Hogie Jr, President
Mary E. Adams
Sharol L, Enger
Waiter V'�. Faster
James W. Feil
Mark. T, Flaten
Gordon M. Haga
Peter L. Hauser
Barbara A. King
Ross E. Kramer
William W. McDonaid
W. Lyle Meyer
Jahn T. Richter
William F. Rieckhoff
.Erling W., Rackney
V�illiam E. Sandvig
Clayton W. Sirandlie
Renee J. Tait
Robert E. Var� Vaikenburg
Dr. Harm A. Weber
�
VCfLUNTEERS OF AMERICA MIIYNESOTA DISTRICT OFFICE
adm►nistrative, accounting, and develapment offices
are located at
59q5 Galden Valley Road, Minneapolis, MN 55422-4490
{612} 546-3242 �
CI'I`Y OF MENDOTA BEIGHTS
i� �
January 26, 199b
�
TO: Mayox, City Council and Czty A �` or
FRC}IVI; James E. Zlaniels �
Public Works D' � r
SUBJECT: Parking Lot Lighting Request
DISCUSSION:
The Royal Redeemer Lutheran Church located on Lexington Avenue immediately
across the street from City Hall has mceived a complaint fram some of their members
concerning Iow light ievels in their parking lot. The Church would iike to add four NSP type
lights to address the concern (see attached map for locations). When the Church conta.cted
� NSF to request the lights, NSP did as we instructed, and informed them that they would need
City approval before the lights cauld be installed. The lights will be the typical NSP area.
Iights and will be operated on a photo cell.
The Church has obtained signatures af consent from the abutting homeowners.
ACTION REQUIRED•
Review the attached lighting request from Roya1 Redeemer Lutheran Church, and if
acceptable authorize NSP to insta.11 them. -�
.ltgrrc
4• "�
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� H�2�g;�S ROYAL � REMEEMER CHURCH
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7anuary 31, 1996
TO: Mayor, City Council and Interim City stratar
FROM: Lawrence Shaughnessy, Treasurer ,j�-,.�-�.
Patrick C. Hallister, Administrative Intern �
SUBJECT: Tuthill Subdivision and TIF Request
Case No. 96-02 .
Discussion
Subdivision
Mr. Vincent Tiovanazzo, President af the National Rod End division of Tuthill
Corparatian, appeared before the Planning Can�mission at their January 23, 199b meeting
to present a preliminary plat.
In November of 1995, Tuthill Gorporation purchased a parcel of land in Mendota Heights
for the purpase of constructing a new facility for its National Rod End Division. Included
in the �.6 acre parcel is a ponding area which provides for drainage for the surrounding
private and public properties. Mr. �avanazzo is requesting a replat ta m�imize the total
buildable portion ofthe lat and to allow that portion containing the pond to be deeded ta
the Minnesota Department af Transportation. MnDC;T has agreed to accept the pond
parcel as a gift.
The new "Outlot A" containing the pond will be 2.42 acres in size, leaving the remaining
5.18 acres in possession of Tuthill. This remaining properiy will be lazge enaugh ta
accommodate the progosed officelmanufacturing plant that Tuthill wishes to construct.
Mr. 7iovanazzo assured the Planning Comrnissian that approving this subdivision will not
result in Tuthill needing a variance for the new building.
No residents were in attendance at the public hearing to speak on this matter.
Tuthill has also prepared the attached final plat. �
TIF
At the Council Meetings of October 16 and November 7, the National Rod End Division
requested City Tax Increment assistance for the development of an Office/Manufacturing
Plant on a site on I-i'ighway 55, Southeast of George's Driving Range. At the November 7
meeting Council informed Tuthill that they would expect improvements to the design of
the building facade as a condition of the City participating with TIF.
The attached plan from Tuthill represents major improvements to the facade in an attempt
to address Council's concerns. Tuthill has upgraded their exterior panels from a flat or
raked finish to a ribbed panel finish and they have improved the office and exterior
materials from divet to reflected glass or metal panels.
These upgrades represent $80,000 to $100,000 in additional building costs over the
original proposal. (A copy of the original plan is attached for comparison.)
The Site at that time contained a storm water drainage pond which was constructed in
connection with the Highway 55 improvements by MnDOT. The parcel with the pond
was under easement to MnDOT, and the developer wanted to split the parcel and deed it
to MnDOT while building on the remainder of the lot. The planning process for this split is
before the Council tonight.
The Tax Increment request was for approximately $185,000 in site development and noise
attenuation. The amount was projected to be amortized by future taxes by the yeax 2006
which is the end of our District.
Attached are the memos from the previous meetings along with the company request and
tax projections.
Buildin Pg ernut
In addition to subdivision and TIF considerations Council also needs to review the site
plan and authorize the issue of a building pernut.
Recommendation
The Planning Commission voted 7-0 in favor of closing the public hearing and granting
Tuthill pernussion for this subdivision.
Action Required
If the Council desires to implement the Planning Commission's recommendation and
proceed with the project they should:
1. Pass a motion adopting the RESOLUTION 96- : A RESOLUTION APPROVING
TI� FINAL PLAT FOR TUTHILL ADDITION.
2. Direct Staffto draft a development agreement with the company for TIF assistance.
3. Authorize Staffto issue a building permit subject to final Code compliance.
and
CITY OF MENDQTA HEtGHTS
DAKOTA COUNT, MINNESOTA
RESOLUTION NO. 96-
RESCILUTION APPROVING FINAL PLAT FOR
TUTH(LL ADDITION
WNEREAS, a fina! plat for Tuthill Addition has been submitted #o the Council;
WHEREAS, the City Cauncil has reviewed said final piat,
NOW THERE�ORE IT IS HEREBY RESOLVED, by the City Cauncil of the City of
Mendota Heights, Minnesota, as fot[ows:
3. That the final plat af Tuthitt Addition submitted a# this meeting is hereby
approved.
2. That the appropriate City Officials be and they are hereby authorized to
execute the final plat on behatf of the City of Mendota Neigh#s.
Adopted by the City Councit of #he City af Mendota Haights this 6#h day af February,
1996.
�
ATTEST:
Kathieen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEtGHTS
Char(es E. Mertensotto
Mayor
�;
�
PLANNING REPORT
.
DATE:
CASE NO:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
I\c �)i:l•(11:.\ fF.l�
cotisuL-r•irvc; r�Ln�Nciis
L,atii�sc.�r� :��ic��i-rec�rs
30U FIRS1' AVC•NUE? ;�ORTII
SUtTE 3i(l
A41\NL•APC)L1S, i�1ti ii;Ul
6l2•.3.i9 3300
PLANNING CONSIDERATIONS
Background
January 23, 1996
96-02
Vincent Jirovanazzo/Tuthill Corporation
920 Shawnee Road, Eagan
Waters Drive and State Highway 55, Lots 1
and 2 of LeMay's Addition
Subdivision
C. John Uban
The Tuthill Corporation purchased a 7.6 acre parcel of industrial land adjacent to the newly
reconstructed Highway 55 along the frontage road. The property contains a MnDOT storm pond
which the applicant proposes to dedicate to the State. The plat splits the parcel into two pieces with
the pond area being dedicated to the State. This is being done to eliminate the owner's perceived
liability of owning the ponding.
The applicant is proposing to build on the remaining property requiring a Site plan review by the City
Council. The proposed layout of the site is shown on the attached plat.
Subdivision.
The 7.6 acre site will be reduced in size by the platting of Outlot A which is 2.42 acr�s in size. The
remaining lot will be over five acres in size. As shown on the plat, the remaining property is large
enough to accommodate the proposed office/manufacturing plant that Tuthill Corporation wishes to
construct.
MnDOT has agreed to accept Outlot A. This will reduce the amount of area that a building can use
for development. The ponding area will be now owned and maintained by MnDOT. We would
.lanuary 23, 1996 Case 96-02 Page 2
expect that the pond may need maintenance about every ten years or so, but other than that, the
natural vegetation will eventually return around the pond.
Action.
Review the subdivision request and make a recommendation to the City Council.
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CITY OF MENDOTA HEIGHTS
Case No. 96-0�
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APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST .
Case No. �%I �P� � �
Date of Applicadon
Fee Paid ?� . C� C�( _ e C� ,
Applicant�Name: �/(,!/�.N�Z �� /:'���% � PH:
(Last) (F'ust) (Iv�
Address:
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(Number & Street)
(City) U (State) (Zip)
Owner Name: � �.� �'�� �/ ��;�'�"/U sti
(I-ast) (F'ust) (M�
Address: _�a� si������ �� ���-�� �� s.� .��..
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(Number & Street) (City) (State) (Zip)
Street I,ocation of Properly in Question: ���T�%.S� �/L �
Legal Description of Property: � � � ��- �- �/� ��%•/l�.I �f'D/f�vo:1
Type of Request:
Rezoning
Conditional Use Permit
Conditional Use Peimit for P.U.D.
Plan Approval
Comprehensive Plan Amendment
Applicable City Ordinance Number
Variance
�Subdivisien Approval
Wetlands Permit
Other (attach explanadon)
Section
Present Zon�ng. caf Propeit3r � Present Use (�G��7�
Proposed Zoning of Property ��� Proposed Use �it/Ll�'���%Gl�-ln� ('
I hereby declare that ali statements made in this request and on the additional
materiai a�e irue. � �
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(Signature f Applicamt) .
- /�- -� �- I'S
(Date)
(Received by - Title) �'
1101 �Tictoria �urve •�endota i�eights, 1�Ai - 55118 45� • 1�50
n TUTH I LL
�coRPor�►noN
0
December 29, 1995
National Rod End '�0 �� R°�
Eagan, Minnesota USA 551221032
Division Tel 612 688-2628 Fa�c 612 688-2824
Mr. James Danielson
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Plat application for Tuthill Addition
Dear Mr. Danielson:
In November of this year, Tuthill Corporation purchased a parcel of land in Mendota
Heights for the purpose of constructing a new facility for it's National Rod End Division.
Included in the 7.6 acre pazcel is a ponding area which provides for drainage of the
surrounding private and public properties. We are requesting a replat to maXimi�e the
total buildable portion of the lot, and to identify the remainder of outlot A, which will be
deeded to the Department of Transportation.
Should any additional information be necessary, please let me know. Thank you for your
assistance.
Sincerel ,
�� �
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Vincent J. Jiovanazzo
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OCT-31-95 TUE 01�32
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fi�ATIpNAL ROD ENDS FAX N0, 6I2 688 2824
Ntinnesota Department of Transpor#ation
i�letrap4iitan pivtsi4�
ws� Edge Bu�ta;or
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October2S, 1995
Ms. L}ebsa Page
Lindquist & Venaurn
��ti8 IDS Center
80 South Eighth Strcei
Minneapolis, Minaesaia SS402
Dear Ms. Page:
As wc discussed it� t�ut phone conversation af {)ctcNber 33,1�9�, ihe Minnesata Deparrment af
Transpartation is vriitiag t�r �pt th� fee titl�, as a gift, w ti►e p�mauent pottding easernent yau
have as d�scribed in your e�ibzt refer�cing to Tr�ct A, af LeMay's R�An: of Lots 8, i 1,12,
13 and � 4 LeMay's Addition, accard'utg to she plat af xecord in Dakata Co�nty.
Flease have the �eed made ont to tite Stat� cf%�instesata, Commissianer af'Ii�raspartatian.
Please masi� the d�ed w me at ili� chis sddssss,
Sincsrely,
t
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.�"��L"
Ke''t#�t S12cet
Mctro DiYision Right c�f Way Sctpervisor
:�s Equal Opporrunir}� £mploycr
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CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
January 4, 1996
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota Heights will
meet at 8:30 o'clock P.M., or as soon as possible thereafter, on Tuesday, January
23, 1996, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights,
Minnesota, to consider an application from Mr. Vincent Jiovanazzo, of Tuthill
Corporation, for Preliminary Plat Approval which would allow the transfer of a
stormwater pond to the Minnesota Department of Transportation (MnDOT) on the
following described properly:
Lots 1 and 2 of LeMay's Rearrangement of Lots 8, 11, 12, 13 and 14 of
LeM�y's Addition, according to the recorded plat thereof, EXCEPTING
THEREFROM the following:
1. The West 180.11 feet thereof. 2. That part which lies Westerly of the
Southwesterly right of way line of Trunk Highway No. 55, as now located and
established, and Easterly of Line 1 described below:
Line 1: Commencing at the center of Section 34, Township 28 North, Range
23 West, thence run Westerly along the East and West quarter line of said
Section 34 on an azimuth of 269 degrees 16 minoutes 43 seconds (azimuth
oriented to Minnesota State Plane Coordinate System, South Zone) for 609.96
feet; thence on an azimuth of 320 degrees 20 minutes 58 seconds for 400 feet
to the point of beginning of Line 1 to be described: thence on an azimuth of
140 degrees 20 minutes 58 seconds, 400 feet; thence on an azimuth of 89
degrees 16 minutes 43 seconds, 100 feet thence on an azimuth of 138
degrees 03 minutes 34 seconds, 500 feet, and there terminating.
More particularly, this property is located at the intersection of Waters Drive
and Trunk Highway 55.
This notice is pursuant to City of Mendota Subdivision Ordinance No. 301. Such
persons as desire to be heard with reference to the request for the Prel�minary Plat
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 provi�le the aids, however, this
may not be possible on short notice. Please contact City Administrator at 452-
1850.
CITY OF MENDOTA HEIGHTS
MEMO
October 13, 1995
TO: Mayor, City Council and City Adminis
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Tuthill Cargo - National Rod End Division
. •�
The City has been approached by the local division of the Tuthill Corporation
which is considering the construction of a 25,000 square foot manufacturing plant
on a site which we refer to as the "Brooks" site. The land is located to the south
and east of George's Golf Range and is served by the Highway 55 Frontage Road.
The site is located in the Tax Increment District and is an identified parcel in
the District. The firm is asking for assistance in the construction of their project
through the Tax Increment District. The financial data on the future increment is
detailed in the attached material. The present value of the future increment of the
allowance for fiscal disparity and City administration is estimated to be about
$190,000 during the remaining life of the District.
The proposed site is zoned "I" - Industrial. At this point, staff has reviewed
a preliminary site plan that appears to conform with the Zoning Ordinance,
however, there may still be some unresolved issues regarding the ownership of the
pond. When more detailed site plans are presented, all the zoning and planning
issues will be determined at that time.
The primary reason this matter is before the Council this evening �is to
receive Council's input regarding the requested use of Tax Increment financing for
this project. It is proposed by the developer that "pay-as-you-go" (5185,000) tax
increment benefits be paid on this project. This is similar to the TIF arrangements
previously approved for VGC Corporation and Lennox Industries. Further details of
the TIF request are included in the letter from Mr. Jiovanazzo and Mr. Steingas.
In keeping with Council's stated desire to be more involved in the early
stages of projects involving Tax Increment Financing, staff has suggested that
company representatives appear before Council on October 17th to preliminary
present the project and discuss the need for Tax Increment support.
' • ► : • : �
Meet with the Company representatives to receive an introduction to the
project and to preliminary discuss Tithill Corporation's Tax Increment request.
LES:kkb
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GITY O� MENDCITA HEIGHTS
�
November 3, 1995
TO: Mayor and City Council
FROM: Tom Lawell� City Adminis r
SUBJECT: Tuthill Corporatian - National Rod End Divisian
DISCUSSION
At our October 17, 1995 meeting, Counci! received a presentation from
Tuthill Corporation - National Rod End Division regarding their new facility they
would like to construct in Mendota Heights. Tuthi!! is an international company
comprised of 14 various divisions, including the National Rod End Division. The
site for the project would be on the "Brooks Site", located to the south and east of
Gearge's Golf Range. The proposed 25,000 square foot building would be served
by the Highway 55 Frontage Road recently constructed as part of the Mendota
Interchange project. At our last meeting, Council focused on three majar issues:
1) Tuthill's request for tax increment financing.
2} The exterior materiais proposed for the praject.
3) The status of the stormwater holding pond lacated on the site.
Each of these topics will be separately addressed in the remainder of this memo.
TAX INCREMENT FINANCING REQUEST
As you will recall from our last meetingf Tuthitl has requested "pay-as-you-
go" tax increment financing in the sum of approximately $190,t300. Letters
previously submitted by Messrs. Vincent Jiovanazzo a�d Mark Steingas in support
of this request are attached. Assumptions used in the financial analysis are as
follows:
Project Value:
Building
Land
Total
Net Present Value Rate
Fiscal Disparities Cantribution Ratia
Tax Capacity Rate
Duration af District
S 1,050,000
39Q,4Q4 �
S 1,400,000 �
8.00%
34.Q0°lo
' 118.10%
2Ctt?4
During our last Council discussion a question was raised as to how this tax
increment proposal compares to others we have considered in the past. Attached
please find a data sheet prepared by staff which compares the Tuthill tax
_. increment request with five other recent projects: Lennox, ���GC'Corporation, BDS,
Inc., General Pump and Primenet Data Systems. Please bear in mind that these
projects occurred over a number of years, and the City's approach to tax
increment finance has become more conservative over time. The City Council
� retains complete discretion over the amount and type of assistance provided to
each project, and the Council is in,no way obligated to meet or exceed previously
approved assistance amounts.
EXTERIOR MATERIALS
As presented at our last meeting, Tuthill proposes to build its 25,000 square
foot building primarily with precast concrete "tip-up" panels. This construction
type is very common in today's market due to its affordability, durability and ease
of construction. On October 17th, Council posed to Tuthill a number of questions
regarding the appearance of the proposed building due to its location along highly
travelled Highway 55. Mr. Mark Steingas of Benson Orth Associates volunteered
to submit to Council a list of other similarly built buildings in the area which
Council could view firsthand. His letter was distributed to Council on October
27th and is also attached to this memo for easy reference. If you have not had an
opportunity to view the identified buildings, I would encourage you to do so prior
to November 7th. I have asked Mr. Steingas to be ready to proyide additional
information on the proposed materials at our November 7th meeting.
STORMWATER HOLDING POND
Also discussed on October 17th was the issue of the holding pond which is
located on the Brooks Site. This pond was built by MnDOT as part of its Mendota
fnterchange construction project to handle stormwater runoff from the adjacent
roadways. MnDOT secured from the current landowner a stormwater �asement in
order to locate the pond on this parcel of land. It did not acquire fee title to the
property, so therefore, the pond is technically located on private property (see
attached map).
Tuthill Corporation is unwilling to acquire ownership of the pond�ue to
various liability concerns they have. In response to these concerns, th have
requested that the pond be split-off from the parcel upon which they would like to
build their building. This lot split would require the processing of a new plat which
entails a public hearing and a trip to the Planning Commission. This causes a
timing concern for Tuthill because they need to close on the property as soon as
possible, but cannot do so until the matter of pond ownership is resolved. To help
speed the process along, Tuthill representatives have secured a letter from MnDOT
which states that MnDOT is willing to assume fee title ownership of the pond area
(see attached). Tuthill, on November 7th, will be looking to the City Council for
some degree of assurance that this proposed ownership transfer and lot split will
be acceptable to the City. The size of the remaining Tuthill site would be
approximately 4.66 acres.
ACTION REQUIRED
Council should meet with representatives of the Tuthill Corporation and
discuss the matters left unresolved at our October 17th meeting. Specifically, the
Council should provide direction to Tuthill on their tax increment request, their
proposed exterior building materials, and their proposed lot split request.
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BENSON •ORTH
ASSOCIATES
I N C O R P 0 R A T E D
Wednesday, October 11, 1995
Honorable Mayor and Council Members
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: National Rod Ends a division of Tuthilf Corporation
Dear Mayor and Council Members,
GENERAL
CONTRACTORS
In an effort to bring a new business and jobs to the City of Mendota Heights, we are submitting a
request, on behalf of the Tuthill Corporation, for financial assistance on the proposed project
through Tax Increment Fnar�cing. After conversatbn and meetings with your staff, we
acknowledge and respect the qualifications and restric�ions you place on this type of assistance,
and feel very confident that this pro�ect and request fits exactly within those guidelines.
The Tuthill Corporation is corrtemplating a relocation and business expansion of its National Rod
Ends Division into a 25,000 square foot office/manufacturing facility valued in excess of
$1,400,000. Without the assistance of Tax Increment Financing, the cost of this type of
expansion may be higher than the business can profitably afford. This project will be a great
addition to the City of Mendota Heights both in job creation and enhanced tax revenues. With
yaur accepta�ce of the financing assistance, Tuthill has committed to bui{d a superior building.
The architecture, upgraded building materials, and resufting curb appeal from Highway 55,
creates a building that the City will be very proud of. Some preliminary drawings are also
included within the enclosed package.
Upon recommendation, we have retained Public Resource Group, an expert in this type of
financing, to assist us in the structuring oi a"pay-as-you-go" type program. Based upon their
calculations (a copy of which is attached hereto), and assuming a future market value of
$1,050,000 for the building and��50,000 for lanri, the total estimated amount of increment
available will be $310,000. This amount has been adjusted for fiscal disparities, at 34%, and
administrative cost of 5% through the year 2006. On a net preserrt value basis at 8%, this
equates to $190,000 of poterrtial assistance to be used according to the attached schedule of
values on the Tuthill project. Since aur estimated values of site improvements is less than the
total amount of assistance available, it is our praposal to limit the assistance to the year 2004.
Thanks again for the opportunity to be of senrice, arul your assistance in helping the City of
Mendota Heights and State of Mi�nesota corrtinue to grow.
Respectfully
BENSON- RT ASSOCIATES, INC.
� �_.
Mark St inga '
President
encl.
14001 Ridgedale Drive • Suite 320 • Minnetonka, MN 55305 •(612) 545-8826
�
Tuthill Corporation
Prepared by:
Benson Orth General Contractors
C lty O�
.�.. , 1Viendota Heights
February 2, 1996
Mr. Vincent Jiovanazzo
Tuthill Corporation
1920 Shawnee Road
Eagan, MN 55122
Dear Mr. Jiovanazzo:
Your request for final r�lat. TIF as istancp anr� h����ding�,m,,,,,; will be considered by
the City Council at their next regularly scheduled meeting, which will be held on
Tuesday. F�br�ary 6. 1996. The Council meeting starts at 7:30 o'clock P.M. here
at City Hall in the Council Chambers. You, or a representative should plan on
attending the meeting in order that your application will receive Council consideration.
If you have any questions, please feel free to contact me.
Sincerely,
Kimberlee K. Blaeser
Senior Secretary
�
:,:,
�
2101 Victoria Curve -1t�iendota I�eights, 1ViN • 55118 452 • 1850
�
�
CITY OF MENDOTA HEIGHTS
MEMO
February 6, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, Interim City Ad in� r
SUBJECT: Case No. 96-03: U.S. West NewVector - CUP
Request for Continuance
. � •�
The City has received a request from U.S. West NewVector Group, Inc. to
continue Council discussion on their request for a Conditional Use Permit. U.S.
West NewVector is requesting a continuation which would allow additional time to
prepare the materials necessary to address concerns raised by the Planning
Commission at its meeting on January 23, 1996.
' •l : • : �
Council should pass a motion continuing discussion on the U.S. West
NewVector Conditional Use Permit request until the February 20, 1996 City
Council meeting..
KLB:kkb
�
' ;�' 02/05t86 16:16 F.��' HESSI�N MCKaSY C�j 002/OQ2
m
r.nw oF�tc.�.s
�iESSIA,N, NICKASY & SODERBERG
PAO7E9�QIi,U, Al5gOClA?ION
;Minneapolis � SaintPaul • Washington, I).C.
470p IDS Center
SQ South Eighth Street
Minneapolis, Minnesota 55402-2228
(612) 33Q-300� Facsimile 371-0653
Marc L. Kniger
(612} 330-306Q
February S, 199b
VrA FACSIlv�I'LE AND IELEGULAR MAIi
Mr. T�evin Batchelder
City Adtninistrator
City of Mendota Heights
1101 'Victoria Curve
Mendota �Ieights, MN 55�.18
Re: Mendata Shapping Center - MI�YSUNFISH
Our File Nd. OS3020a-005900
Deaz Mr. Batchelder:
O� behal� of owr client, U S WE,ST NewVectar Grroup, Inc., we rec�uest that its
Application for a Conditiflnal Use Permit which l�as been scheduled to be heard at the City
Council �neeting tomarrour (February 6, 1996) be continued to the February 20, 1996 Ciry
Co�ci1 �neetin,�. This cc�ntinuation is rec�uested to permit addirional time for our clien� to
prepare t]le materials �ecessary to address the concerns zaised by the PIanning Commission at
its meeting an January 23, 1995.
�'hank you.
Sincez�ely,
HF.SSIAN, Ivlc]�ASY & SOD�ERG, F:A.
� . � � .
U�
Marc L. X'suger
cc: Mi•. Kent S�zch� {by facsimile}
96t)63-! U5302[�0-q05900
CITY OF MENDOTA SEIGHTS
7anuary 31, 1996
TO: Mayor, City Council, and Interim City Ad��tor
FROM: Patrick C. Hollister, Administrative Intern ���--
SUBJECT: Request for Canditional Use Pernut by US West
Case No. 9b-03
Discussion
Jaymes D. Littlejohn, attorneq representing US West appeared before the Planning
Ca�runissian at iheir January 23, 1996 meeting to diseuss his client's appfication for a
Conditional Use Pernut to locate a 100 faot high cellular telephone monopole antenna on
land on which the Mendota Piaza shapping center is located (see atta.ched Planner's
Report and applicant's material).
(Commissioner Friel excused himself from the proceedings at this point, citing previous
work performed far US Vt�est as a patential conflict of interest.}
The prapased cansiruction consists of a monapole 100 feet in haight, to whzch would be
mounted directional antennas. This would be lacated directly adjacent to the existing
shopping center. The celluiar equipment for this facility wautd be instalted in a 12 foot by
24 foot area in the basement of the shopping cenfier. The installation would be served by
the e�sting access drive on the site.
Mr. Littlejohn tald the Planning Commissian that in accordance with Planner Uban's
concern he would remove the lights from the original plan for the antenna, since the
parking Iot aiready has adequate lighting.
The Planning Comrnission suggested severat other possible locations for the antenna, such
as the Fire Station, Sibley High School, a site further north on Dodd Raad, the Par 3 Golf
Course, or the power utilities near Mendakota Park. Mr. Littlejohn dismissed each of
these other locations as inagpropriate for various technical reasons. �
:1
The Planning Camrnission also asked Mr. Littlejohn whether a shorter antenna, such as
one only 75 feet high, wauld be adequate for their purposes, Mr. Littlejohn said that they
had tested lower heights and that they needed the 140 feet.
Mr. Littlejohn stated that he was unaware ofthe Dakota Caunty HR�'s propasat for a
Senior Housing project near the praposed antenna, but stated that this revelation did not
change US West's position on the appropriateness ofthe Mendata Piaza site.
Conunissianer Dwyer pointed aut to the Commission that such antennas have been
�� regarded as an "essential service" in the recent past by the City.
C,rreg Lee, on behalf of the Nature Center, asked whether the antenna would be visible
from the Nature Center. After loaking at the materials presented by the applicant, Mr.
Lee cancluded that it would probably not be conspicuous from the Nature Center.
There were no other residents in attendance to comment on the proposal.
Recommendation
The Plannin,g Comrnissian voted 6-0 to clase the public hearing and recommend denial of
the request far the Conditional Use Permit, citing that the a.ntenna would nat fit visuatly
with its surraundings.
Action Required
Meet with the applicant to discuss his proposal and then if Gouncil desires to implement
the Recommendation, pass a motion directing Staffto prepare the appropriate Resolution
denying the request. Cauneil should cite any additional justification far denying the
request. Th.e Resalution will be piaced upan the Council agenda for the February 20
meeting for final review and approval. �
�r
PLA�NIYING REP4RT
DATE:
cAs� No:
QWNER:
APPLICA.►NT:
L4CATIC}N:
ACTION REQUESTED:
PREPARED EtY:
ivr�ittrti�::�:: (,
CC7NStJLTI�C; PLt1NNE,12S
LANLaSCAPL• �P.CIIITGCTS
30(7 FIRST AVENUG tJC7Rl�H
SUi'f"E 22Q
MINNEAPC3LiS, MN 57401
G12•339•33p0
PLANNING CONSIDERATI4NS
Backgraund.
January 23, i996
s* �
Mendota Associates
ITS'West Cellutar
7S0 ITighway 11QIMendota Plaza.
Conditionat Use Pernut for Celtular Tower as
an Essential Service within the B-4 Zane.
C. John Uban
US West has indicated a need for an additional cellular telephone antenna to be located in Mendota
Heights. Their e�sting Mendota Heights facitity is tocaied an the City's water tower. Additionai
antenna e�ist just acrass the river from Lilydale and to the east in Inver Grave Heights and West St.
Paul. The water tower Ioca#ion was approved in May 1991 as a Conditional Use Permit for an
essential service structure in the Tndustrial Zaning District
-.� — - --_._._.
The propased tower lacation is on the sauth side of Mendata Plaza. shopping center with a tower of
100 feet in height. The shopping center is zaned B-4 where essential service structures are aliowed
through the Conditional Use Permit pracess. The larger question is whether or not a cellular tower
shoutd be considered an essential service. The City has considered the previous cellular facilities of
AT&T and US West to be essential service struetures. :
The process for locating a tower is for US VYest to determine its lack of caverage or capacity
problems and determine a search azea for a new site. A caverage area drawing was submitted alang
with the appficatian showing that other sites were available and US West chose Mendota Plaza. to be
their primary site. In laoking at their coverage area, Sibley High School is about in the center with
Mendota Pla�a and the City's fire static�n along Dodd Road an the western edge of the caverage area.
January 23, 1995 Case 96-03 Page 2
AT&T Cellular received approval of their controversial tower along Highway 55 in late 1995 with
concerns about the height of the tower and the condition to lo�vering the tower to 75 feet in the
future. The aesthetics and extensive landscaping were also included in that approval. At that time
the Planning Commission raised the question of whether or not a specific ordinance should be
prepared addressing locational and design criteria for future communications towers. The City
Council to date has not instructed the Plar�ning Co�ssion and City staffto recommend appropriate
ordinances. However, the need is supported by this latest application and the information submitted
to the City by the League of Minnesota Cities on the new PCS tower networks. The technology is
available for digital personal communication services (PCS) which will create another layer of even
more extensive antenna locations throughout the community. The growth of this technology is
projected to be five times that of the cellular phone system and the City should look carefully at the
approval process and tower design and location so that reasonable community standards are met.
The information on PCS was sent to Planning Commission members in the Friday News of January
19.
A notice of public hearing has been mailed and published for the Conditional Use Pernut application.
Essential Service.
The applicant is claiming the tower to be an essential service structure which is defined in the
Ordinance as a distribution or communication system including poles, pipes, cables, etc., but not
including buildings. This Ordinance was developed not anticipating the extensive cellular towers
being constructed today and the definition of pole does not meet the criteria that transmission
communication towers need for wind loads, etc. A mono pole is a tower not a telephone pole that
supports lights, telephone lines, cable lines, and electrical lines. The Ordinance clearly ca11s out
sepazately zones in which broadcast and communication towers are allowed. These are the B-1, B-3,
and I zones. B-4 does not allow these towers and so the applicant is claiming to be an essential
service so that they can locate on the property.
Because the City has recognized the previous towers as essential services, a precedence may be set
possibly allowing towers in other zoning districts within the City. Essential services are basically
those infrastructure needs that are monopoly based with a single supplier serving all of the residents
of the community. With cellular and digital communication systems, there will be many suppliers with
overlapping systems which make communications available only to certain subscribers. At some
point, the City may want to review the Ordinance and ask for an opinion by the City attorney in order
to develop an ordinance which specifically addresses this new wave of structures prliposed for the
community. .:
If this tower is not considered an essential service, then a site with appropriate zoning would need-
to be sought or an ordinance cfianged� in order to more appropriately address its location.
��
.Tanuary 23, 1995 Case 96-03 Page 3
Conditional Use Permit.
�
If the City finds the facility to b�an essential service, then it requires a Conditional Use Permit by
Ordinance 4.9(2) to deteimine its compatibility, design, and location. Part of reviewing a Conditional
Use Permit is determining whether or not the facility is in the right location. The applicant has
submitted brief comments on other sites that were examined. The other two sites were the City Fire
Station directly to the southwest of the proposed location and Sibley fTigh School which is across
Highway 110 to the northeast. The Sibley High School site is nearly located in the center of the
coverage area and would better match into the overall cell pattern of the adjacent cells. The
applicant's explanation on why this site and the coverage requirements appears to be vague and
nonspecific. Based on the depicted coverage area and the applicant choosing the lowest elevation
in the coverage area for the placement of a tall tower leads me to believe more analysis of the tower
location needs to be explored by the applicant's technical advisors.
For example, the shopping center location is at elevation 850 which is in a low area with the ground
rising 30-40 feet in all directions. This means the tower needs 30-40 feet of height just to be even
with surrounding land 1/4 mile away. Some of the reasons stated for not using the high school site
was the interference of trees. Certainly, the shopping center site will have a great deal of trees,
undulating topography, and buildings that separate it from line of site to Dodd Road, both north and
south. In fact, Henry-Sibley H'igh School is at elevation 980 which is 130 feet above the shopping
center elevation. A site location here would have a better birds eye view with a shorter antenna to
the coverage area as illustrated by the applicant's drawings.
The fire station which is about 900 feet to the southwest is 30 ft. higher than the shopping center.
Thus, would require only a 70 ft. tower. A 75 ft. tower was the height the Council has indicated to
be more compatible with the City character. The apparent conclusion at this point, is that US West
has chosen the lowest spot and put up the highest antenna to cover their area where alternate sites
may be available with shorter antennas and different coverage characteristics. The City found that
AT&T was willing to accept less perfect coverage to comply with community compatibility.
Another important consideration of the Conditional Use Permit is compatibility of the architectural
design of the facility. No free standing building is proposed for this application as the equipment will
be housed within the shopping center. The 100 ft. monopole tower will be a striking landmark
adjacent to the back of the Plaza Shopping Center. Although there are 30 ft. light poles in the
pazldng lot of the shopping center, the structure itselfwill be very visible from surrounding properties
and the proposed senior housing development. The tower is further encumbered by redundant light
fixtures that calls attention to its location. The back of the shopping center is already fi�ly illuminated
with lights on the building itself and the proposed fixtures merely light what is already illuminated by
the building. The monopole is constiucted of stacked cylinders instead of a smooth slender pole. The
bottom of the pole is 4 ft. across which creates a profile much larger than other utility poles in the
City. There are other monopole installations that use a more slender profile and may be more
aesthetically pleasing to City residents. U. S. West has created many innovative antenna installations
.lanuary 23, 1995 Case 96-03 Page 4
throughout the metropolitan area by disguising their facilities as lights around athletic fields, enclosed
within church steeples, hidden on building tops, or otherwise situating them call minimal attention to
their existence- This particular installation shows none of that sensitivity. - ----�
Conditional Use Pernuts also require a Landscape Plan which is necessary to screen the objectionable
views of the proposed facilities. This tower will be viewed from many different sides and will require
substantially more screening than what has been illustrated on the submitted Landscape Plan. The
views will be most apparent in the winter season so a recommendation of all evergreen plantings
would be appropriate. The evergreen plantings should be along the west, south, and a southeasterly
perimeter of the shopping center property. The most prominent views are from Dodd Road and from
the future senior housing facility at the east end of South Plaza Drive. The AT & T facility was
required to plant a significant amount of evergreen trees in a double row along the public right-of-
way.
Other safety and welfaze issues should be reviewed. The applicant has submitted documentation on
the minimal health effects of the cellular operation.' Some of the supportive letters from the State and
the Federal Agencies are old and nced to be updated since significant amounts of activity have taken
place since 1989 and 1990. Updated versions should be submitted to the City to confirm the ongoing
minimal effects on the community health, safety, and welfare.
Based on ihe significant increase in the variety of communication technologies and vendors for a
community-based antenna system, the City should require with each application a communication
tower master plan of facilities for a fully mature system for City review and approval. The object
would be to minimize antenna duplication and to locate a tower system that has minimal aesthetic
impact on the community while maximizing efficiency and multi-use of antenna locations. The City
may wish to confer with the League of Municipalities so all communities can join together in requiring
a full master plan of the metropolitan area for all future antenna facilities.
Hold the Public Hearing and make a recommendation to the City Council or require additional
information from the applicant. Also inform the applicant that an additiona160 days may be required
in the review of their proposal. -
1. Deternune if the use is an essential service or request an opinion from the City attomey on that
issue.
2. Review the Conditional Use aspects pertaining to appropriate locations and request additional
locational criteria and' coverage area impacts.
3. Require an enhanced Landscape Plan to accommodate full perimeter screening of tHe site.
�
.Ianuary 23, 1995 Case 96 03 Page S
4. Review options for pole design and select a monopole compatible with area architecture.
- 5. Require a mature cellular service Master Plan for all future antenna sites within the City of
� Mendota. Heights.
CITY OF MENDOTA HEIGHTS �'`�
��
��� -
C� �� N o. J 6— 0 3 ����a°.��9 �
NORTH „ AYQiUL NORIH
9CAI.E: 1'�300' � �uo �u�wr �e.o� -
r;; ;;,s
C i�y oi
Heights
APPLICATION FOIt CONSIDERATION
CiF
- PLANNING REQLJEST
�
. .
�. - . • ,� •�
M - - � . . �±1 ���I��+�'... i""'�i►�'"'��
ApplicantName: �� �d€�T �'eilul-ar PI�: 339-��b8
(I-ast) (F'r�st) Ch'�
cjo Marc L. Kruger, Flessian, F9cKasy & Soderberg, P.A.
Address: • • •••�
►��i r-���I�^2
(Numbe.r � Streetj City) tate} (ZiP)
OwnerName: ��ndota . �Associates - Attn: John Streeter
{I-ast} � � tF'�rst} (MI}
Address: 2227 Univ�rsit�r Avc�_ l��at, �� Pat�] ,�ti.�ult�si��
(Number & Street) (City) (State) (Zip)
Street Lacation of Praper�y in Questian: � ti n ; ry h�►a��11(Lr ��1e nd o t� He i�.h t s,
, �9innesota (Southeast corner af intersec�ion of Dodd Rd. & Highway 11a}
Legal Descriptiou of Froperiy. Se� EY��hi �a t!t ����site� h��e�e
Type of Request.
Rezaning
�„_ Conditianal Use Permit
Conditianai Use Permit for P.U.D.
Flan Approval
Comgrehensive Plan: Amendment
Variance
Subdivision Approval
Wetlands Pem�it
Other (attach explanation)
Applicable City Ordinarnce Number �$ .�_ Section �_
PresentZar�ing.o�f•Property g q ' PmsentUse shopping center/retail
ProposedZonin,�ofPmperty B'4 P�noposediTse essentiai services structure
I hereby dedarc that a2� statements made in tlus re�uest and on e addirional
materia� are ir�e. _ ;�
(Signa e of Applicaut)
A
i� )
(Received by - Title) ' �
1101 Vietoria Curve � 1Viendota Heights, 1VIN • 55118 452 � 1850
4
LEGAL DESCRIPTION OF SUBJECT PROPERTY
That part of the West 3/4 of the Northwest 1/4 of the Southwest 1/4 lying
Southerly of State Trunk Highway No. 110 and Easteriy and Southeasterly of State
Trunk Highway No. 49, except the South 200 feet of the East 600 feet of the West
800 feet of said Northwest 1/4 of the Southwest 1/4, and except that part of the
Southwest 1/4 of Section 25, Township 28, Range 23 described as follows:
Commencing at the Northwest corner of said Southwest 1/4/ thence
North 67.5 feet to the centerline of S.T.H. 100; thence Easterly along
said centerline 444.3 feet to its intersection with the centerline of S.T.H.
49 as established prior to September 5, 1956; thence Southwesterly
along the centerline of S.T.H. 49, 275.0 feet from point of beginning;
thence Southeasterly at an angle of 90 degrees 143.0 feet; thence
Southwesterly at an angle of 90 degrees 00', 117 feet; thence North-
westerly 149.29 feet to a point on the centerline of said S.T.H. 49 said
point being 159.90 feet Southwesterly from the point of beginning;
thence Northeasterly on the centerline of said S.T.H. 49 to point of
beginning, all in Section 25, Township 28, Range 23.
91448-1 0530200-005900
m
P
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
January 4, 1996
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota Heights will
meet at 9:00 o'clock P.M., or as soon as possible thereafter, on Tuesday, January
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 a
cellular antenna tower and related facilities on the following described property:
That part of the West 3/4 of the Northwest 1/4 of the Southwest 1/4 lying
Southerly of State Trunk Highway No. 110 and Easterly and Southeasterly of
State Trunk Highway No. 49, exc�pt the South 200 feet of tFe East 600 feet
of the West 800 feet of said Northwest 1/3 of the Southwest 1/4, and except
that part of the Southwest 1/4 of Section 25, Township 28, Range 23
described as follows:
Commencing at the Northwest corner of said Southwest 1/4 thence North 67.5
feet the centerline of S.T.H. 100; thence Easterly along said centerline 444.3
feet to its intersection with the centerline of S.T.H. 49 as established prior to
September 5, 1956; thence Southwesterly along the centerline of S.T.H. 49,
275.0 feet from point of beginning; thence Southeasterly at an angle of 90
degrees 143.0 feet; thence Southwesterly at an angle of 90 degrees 00', 117
feet, thence Northwesterly 149.29 feet to a point on the centerline of said
S.T.H. 49 said point being 159.90 feet Southwesterly from the point of
beginning; thence Northeasterly on the centerline of said S.T.H. 49 to point of
beginning, all in Section 25, Township 28, Range 23.
More particularly, this property is located at the southeast corner of the
intersection of Dodd Road and Highway 110 adjacent to and behind the
Mendota Plaza Shopping Center.
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 Con�iitional 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.
� i�y oi
,,, � . 1��iezldo�a Heights
.3anuary 8, '199fi
Mr. Marc �. Kruger
Hessian, McKasy & Soderberg, P.A.
80 South Eight Street, Suite 4700
Minneapalis, MN 55402
RE: Case No. 9fi-03: US West NewVector
Dear Mr. Kruger:
The letter is to inform you #hat we have received your apptication for a Conditiona!
tlse Permit. Your application is considered complete and will be forwarded ta the
Planning Commission for their meeting on�anuary 23. '199fs.
The Planning Commission is an advisory body #hat conducts public hearings and
reviews applications for recommendation to the City Council: The Planning
Commission reserves the right ta request add��onal, or suppiemental, information.
State Statute allows the Planning Commission to request an additional si�cty (60)
days for review of any zoning matter.
The PEanning Commission meeting starts at �:30 o'clock P.M. here at City Halt in
the Council Chambers. You, or a representative, will need to be present in order
that your apptica#ion may receive Commission consideration.
if you have any questions, please fee[ free to contact me at 452-1850.
Sincerely,
_ �� �
? �
ames E. Danietson, .E.
Public Works Director
:. e
11�1 Vietoria �urve �,�'iendota �eiglits, 1VIN • 55118 452•1$50
C ity o�
,�.. ,• 1Viendota Heights
January 19, 1996
Mr. Jaymes Littlejohn
Hessian, McKasy & Soderberg
4700 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2228
Dear Mr. Littiejohn:
Your application for a Conditional Use Permit will be considered by the Planning
Commission at their next regularly scheduled meeting, which will be held on Tuesdav"
,lanuary 23. 1996. The Planning Commission meeting starts at 7:30 o'clock P.M.
here are City Hall in the Council Chambers. You, or a representative should plan on
attending the meeting, in order that your application will receive Commission
consideration.
If you have any questions, please feel free to contact me.
Sincerely,
����� °.�
Kimberlee K. Blaeser
Senior Secretary
Enclosures
�
�
:,
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
�ity o�
.... . 1��er�dota Heights
February 2, 1996
Mr. Jaymes Littlejohn
Hessian, McKasy & Soderberg
4700 IDS Cenfier
84 South Eight Street
Minneapolis, MN 554Q2-2228
Dear Mr. Littlejohn:
Your request for a Sond�ticmnal Use Permit will be considered by the City Council at
their �ext regularly scheduted meeting, which wilE be held on I��esdaX. Feb�uarv 6.
,�.��,. The Council meeting starts at Z:.�o`ctock P.M. here at C'rty Hall in the
Councit Chambers. You, or a representative shauld ptan an attending the meeting in
order that your appiication will receive Council consideration. tf you have any
quesfiions, please feet free to contact me.
Sincerely,
��
. 4
Kimbertee K. Blaeser
Senior Secretary
�
:Ij
�
I�Q1 'tl'ic�oria �urve •,1�.endata �-�eights, 1V�� - 55�1� �52•1R5€�
�
LAW OFFICES
HESSIAN, MCKASY & SODERBERG
P'ROFESSIONAL ASSOCIATIpN
Minneapolis • SaintPaal • Washington, D.C.
470Q IDS Centar
80 South Eighth Street
Minneapolis, Minnesata 554Q2-2228
(612} 330-3000 �acsimile 371-0653
Jaymes D. Littiejohn
(612) 330-3003
January 23, 1996
Via Messenger
Mendota. Heights Planning Comrnission
1101 Victoria Drive
Mendata Heights, MN 55118
RE: U S WEST NewVector Group, Inc. - MINSUNFISH
Application for Conditional Use Fermit
750 Highway 110, Mendota Heights, Mznnesota
Dear Commissian Members.
This letter is being sent to you to resgond ta the issues raised by the City Staff Report
prepared by Mr. Uban, dated January 23, 1996. Mr. Uban's report raises a number of issues
reiated to cell site location and operation which mandate a response. Because the city has
competently addaressed these issues in previaus conditional use permits, these were not addressed
in greater detail in our earlier submissian. The fallowing directly responds ta the issues and
concems now raised by Mr. Uban.
The Proposed Location. U S West Cellular is interested in praviding the best cellular
service possible in the area. This means that our cellular engineers select sites based upon the
expected performance of the site. At one time, this may have meant locating antennas on the
highest paint to cover the largest area. This may be the assumption which the staff report makes
in evaluating alternative sites. While this assumption may have been valid years ago, it is no
langer.
This site is what is known as a"fiii-in" site, This means that it is intended to imprave
cellular caverage in the specific area in which it is located. The hills and valleys that make
Mendota Heights a scenic area in which to live create a variety of prabiems for cellular service.
Tn affluent communities such as Mendota Heights, there are numerous cellular subscribers who
require celluiar service from their driveways ta theu destinatians. The anly way ta make this
possible is through a technique called "frequency reuse."
Mendota Heights Planning Commission
January 23, 1996
Page 2
There are only 7 channel groups to use throughout the Metro Area. There are now 101
U S West Cellular Cell Sites in this area. Only by reusing these frequencies is cellular service
possible. The consequence of frequency reuse is that cell site location is dictated more and more
by topography and the location of other cells. If a site is placed either too high or too close to
adjacent cells, the result is interference or "cross-talk" where two callers end up using the same
. frequencies and hearing each other's conversations.
A few years ago, simply looking at a topographical map and the geographic area which
needed to be covered occasionally provided insight into the best location. This is no longer the
case. Testing proposed sites is the only acceptable way to evaluate the characteristics of
competing locations. This is the very reason that we have tested both of the altematives
suggested by Mr. Uban.
From a planning perspective, the city's decision to allow a fill-in cell site directly benefits
the conununiry. In rural areas, where guyed towers are erected to heights of 350 feet, the cell
site may provide service to a number of counties and communities within a 9 or 10 mile radius
of the tower. By contrast the proposed site will provide cell service primarily in Mendota
Heights. As a result, the residents and businesses in your city will be the primary beneficiaries
of this construction.
The fire department site has been tested. It is too high in elevation and is too close to
U S West Cellular's existing site on the Mendota Heights water tower to be of use. The ridge
on which the fire department property is located is needed to separate the proposed cell from
the adjacent cell served by the water tower. While we do prefer to locate on city property
where possible, there is no acceptable, city owned site that will provide the needed fill-in
coverage in Mendota Heights. We have also tested the Sibley High School property. This site
would not allow us to provide the best service possible to Mendota Heights.
As long as the proposed site is approved, we are confident that we will not need to seek
another Conditional Use Permit to locate a cell site in your city. On the other hand, if we must
build at another location, we expect that at least one more site will be required in your city to
provide quality service to Mendota Heights. This is the extent of our future plans for cellular
system development in your city.
Essential Service. As the Staff Report recognizes, cellulaz service has been determined
to be an essential service in your city for quite some time. We are troubled at the suggestion
that ttus may now be subject to change. U S West Cellular's application was delayed pursuant
to the recommendation of staff and is being submitted in good faith before the commencement
of construction. Since structure height is already governed through the Conditional Use Permit
process, the city already controls the lacation of cell sites in the ciry.
Mendota Heights Planning Commission
January 23, 1996
Page 3
Conditional Use Permit. The staff report spends much of its time evaluating alternative
sites without using radio frequency propagation data. Since the differences in these alternatives
are discussed earlier in this letter, no further discussion is _needed here. However, we are
troubled by the fact that staff indicates that "AT&T was willing to accept less perfect coverage"
as a basis to support the conclusion that other locations should be used. The quality of cellular
service in Mendota Heights is directly related to the geographic location and height of the
antennas. Any decision by the city to reduce the height of the monopole or change the location
will have an impact on the quality of that service. We are always willing to reasonably alter the
design of a site to improve the aesthetics of the site. When we build a site, we must do so to
meet functional as well as aesthetic criteria — the site must work for the community.
Changes to the Proposed Plans. There has been the suggestion that a more slender pole
design be used. This is possible as long as the more slender pole -can provide the structural and
wind load capacity to meet generally accepted safety standards. Also, we certainly have no
objection to removing the parking lot lights from the pole, nor do we have any objections to
reasonable landscaping of the site. Indeed, at Mr. Uban's request, the plans which we submitted
were changed to remove both a second set of lights and a second set of antennas mounted at
various elevations on the pole. However, completely screening the perimeter of an entire
shopping center will not substantially improve the views of the tower. Although your
conditional use permit criteria do not specify the purpose of the landscaping plan to be
submitted, the addition of a single pole to the parking lot at the rear of a shopping center
certainly does not justify the installation of extensive plantings at the perimeter of that center.
At best, any plantings would only serve to screen a portion of the monopole from passing
traffic. The plantings would also prevent potential customers of businesses in the area from
seeing those businesses. The existing trees located off site in the area will serve to screen the
vast majority of the views of the site from the homes in the area. The adjacent commercial uses
will see this as merely a single vertical structure added to the azea which includes parking lot
light poles, sign posts, and telephone poles. At Staff's request, we prepared photographic
simulations of the site, but these were only possible from locations which are on or near the
street. Only passersby will have a view of this pole, and this is why we believed that this
lacation to be acceptable from the city's perspective.
Public Health, Safety and Welfare. We are likewise surprised to see that staff raised
the issue of public health, safety, and welfare in light of the recent ice storms and severely cold
weather which followed. Cellular telephones are a vital tool in the protection of travelers in the
Mendota Heights area, as with the rest of the Metro. We have enclosed the following articles
that discuss the public safery aspects of cellular service for your reference:
Mendota Heights Planning Commission
January 23, 1996
Page 4
1. Chana Schoenberger, The Pocket-Size Protector; Feeling Safe, not Stylish,
With Cellular Phones, The Washington Post (August 29, 1995).
2. Linda Kay Sakelaris, Oklahoma Rescuers Use Cellular When 2-way Can't
Communicate, Radio Comm. Report (May 8, 1995)
3. Allen Short, Phones Still Dead in Moorhead After Weekend Vandalism,
Mpls. Star Tribune (Jan. 24, 1995).
4. AP, Cellular Phones Answer Marry Safety Needs, Chicago Tribune (Jan.
23 1994).
5. Anne Michaud, Calling on Cellular Phones for Emergencies, Los Angeles
Times (Feb. 15, 1994).
6. Tessie Bor, Nerve, Cellular Phone Helped Save Woman's Life, The
Houston Post (Feb. 11, 1994).
These articles, along with the thousands of 911 calls from cellular phones, demonstrate that
citizens can get the emergency assistance they need even when they are no where near their cars
or when traditional telephones are either not working or not available.
Finally, I have enclosed materials prepazed by Mr. Uban's firm which discuss the other
public health and safety aspects of cellular services. We know of no research which would lead
us to believe that these statements prepared by DSU, Inc. should be called into question.
Conclusion.
Thank you for taking the time to carefully consider this application. If I may be of
assistance, or if any member of your Commission, City Council, or the City Staff has any
questions please feel free to contact me at 330-3003. We will be in attendance at your meeting
to address any other questions that you may have. We continue to look forward to working with
you to better serve the Mendota Heights area.
Mendota Heights Planning Commission
January 23, 1996
Page S
Thank you for your consideration.
Sincerely,
HESSIAN, McKASY & SODERBERG, P.A.
Jaymes D. Littlejohn
JDL/jma
Enclosures
cc: Mr. Kent Sticha, US West Cellular
94962-1 0530200-005900
117TH STORY of Level 1 printed in FULL format.
Copyright 1995 The Washington Post
The Washington Post
August 29, 1995, Tueaday, Final Edition
Correction Appended
SECTION: STYLE; Pg. B05;- STYLE PLUS; THE CONSUMATE CONSUMER
LENGTH: 1567 words
HEADLINE: The Pocket-Size Protector; Feeling Safe, not Stylish, With Cellular
Phones
BYLINE: Chana Schoenberger, Special to The Washington Post
BODY:
Natalie Slutsky remembers one occasion last winter when she was particularly
thankful for her cellular telephone. "My daughter, Amanda, and I were meeting
David, my husband, for dinner,�� she says. "He called on the car phone to see
where we were, and he heard me say to Amanda, 'Look at that stupid woman
crossing the double yellow line -- she's going to hit us!' And she did. He heard
the whole crash." The air bage in the car inflated, and David Slutsky heard his
daughter say smoke was coming out of the dashboard. She screamed at her mother
to get out of the car, and he heard his wife say she was stuck. Then they were
disconnected. He immediately called 911.
"Two men had stopped, and they also called the police on their phones," says
Natalie Slutsky, who lives in Ellenville, in upstate New York. ��The girl who hit
me borrowed my phone to call her husband, and when the ambulance came we called
David from the car phone to tell him which hospital he should meet us at."
Like a number of cellular telephone customers nationwide, the Slutskys bought
theirs for emergencies, including calling for help if they ever were in an
accident. Once considered an accessory carried by yuppies who conspicuously
called associates from chic restaurants, the cellular phone is rapidly becoming
a personal safety device. According to a poll taken by the Cellular
Telecommunications Industry Association (CTIA), a national trade group based in
the District, two-thirds of all cellular customers bought their phones for
safety and security reasons. A Motorola poll found that nine out of 10 .
subscribers felt safer having a cellular phone.
At first, Jodi O'Connor was angry at her husband for buying a cellular phone
when she became pregnant. But then her water broke -- eight weeks before her due
date -- at her husband�s indoor soccer game. A friend waved her husband off the
field, and the couple started for the hospital in their car.
O�Connor's contractions kept increasing, then she felt the baby�s head. Her
husband pulled over and called 911 on their car phone. The operator talked them
through the emergeacy delivery, and an ambulance pulled up seconds later to take
the O'Connors and their 3-pound, �8-ounce daughter, Amber, to the hospital.
"We were so thankful we had the car phone," says Jodi O�Connor, an elementary
The Washington Post, August 29, 1995
school teacher who lives in Ellicott City. "It was an eerie night, and we were
stranded on the side of the road in the dark. We replay it over and over again
in our minds, and I don't know what we would have done without being able to
call 911.��
With an increase in cellular phone salea (CTIA announced in February that one
out of every 10 Americans uses a cellular phone, totaling 25 million customers
nationwide) has come an increase in ��good Samaritan" calls to 911 and #77, which
connects cellular customers directly to the neareat state police barracks or
emergency rescue center. ..
Mike Houghton of CTIA says cellular customers make 18,000 calls each day to
911 and other emergenay numbers. Calls to both #77, which is designed primarily
for reporting roadway hazards and dangerous drivers, and 911 are free.
��The cellular phone trend is increasing daily,�� says lst Sgt. Joe Pruitt of
the Maryland State Police. "I don't think it's reached its peak yet.��
Bruce Henry, a dispatcher with the Virginia State Police, says cellular calls
account for about 30 percent of all the calls made to the State Police in
Fairfax. Pruitt estimates his station in Rockville receives an average of 35 to
50 calls from cellular phones each day. Most, he says, are from drivers
reporting accidents on the road.
"We get people calling in all the time about drunk drivers, or reckless or
aggressive drivers. People call and report from the site of the accident,"
Pruitt says.
In fact, reaching for the car phone when passing an accident on the road has
become a reflex action for many drivers. On the way to Atlantic City with some
friends a few years ago, Marlyn Glickman saw two cars cha'sing each other on the
highway. "They were tailgating each other," the Rockville resident remembers.
°They stopped on the side of the road, and one guy pulled out a tire iron and
went for the other guy. We called the police on the car phone."
The proliferation of cellular phones has created another phenomenon: the
multiple-Samaritan accident. Gerri Epstein, a travel agent from Bethesda, was
crossing the intersection at 14th and K streets NW when she saw a car hit a
bicycle courier. She immediately reached for her oellular phone and dialed 911.
As she spoke to the emergency dispatcher, she counted 12 others on the scene who
also had pulled out phones to call for help.
"We jammed the lines," Epstein laughs. "Several people got busy signals
because we were all calling at exactly the same time."
Frequently, Pruitt says, several drivers call to report the same accident.
The accident that generated the moat calls to his`station happened in October
1992, when a tanker truck exploded at the junction of I-270 and the Beltway. "We
probably got, in a 10-minute period, a hundred calls." he remembers. "The lights
just lit up. We literally could not handle the amount of phone calls."
Pedestrians can be cellular Samaritans too. Last August, Mark Rosenbaum, a
research admiaistrator, and hia wife, Mary Lee Stein, a social worker and
paychotherapist, spotted a woman being followed on the street near their home in
The Washington Post, August 29, 1995
Adams-Morgan. They called the police and followed the man on foot, reporting his
movements over their cellular phone. Eventually, the police arrested the man,
who was carrying a gun.
For their contribution to public safety, the couple won an award from CTIA.
"It turned out the police wanted him for several other armed robberies in the
neighborhood,�' Rosenbaum says.
��If a aellular phone is within your budget, as relatively inexpensive as it
is, you should have one," Pruitt-says. .
But even among those who buy phones for safety, the definition of ��emergency"
varies. Kitty Lilly was playing tennis one afternoon with a friend who had
bought a cellular phone so her three daughters could reach her in an emergency.
When the friend's phone rang in the middle of the game, Lilly says, °we were all
worried. Then we heard her say, �No, honey, I�d definitely wear the polka-dot
one.� "
The Price of Peace of Mind
What price cellular safety? All calls to emergency numbers such as 911 or #77
are free. The two cellular carriers that serve.the Washington metropolitan area,
Bell Atlantic Nynex Mobile and Cellular One, offer numerous service plans for
cellular phones. Both companies caution against straight line-by-line
comparisons of plans, since.the actual cost of a call depends not only on the
service plan you choose, but also on the phone you buy, time of day you use it
and any extra services you might decide to add.
- Service plans include a monthly access fee, a preset number of free minutes
for peak and off-peak times (generally peak hours are from 7 a.m. to 9 p.m.
during the week), and per-minute rates for peak and off-peak times. Cellular
One's Peace of Mind plan, for example, is designed for those who carry a
cellular phone primarily for safety. The monthly access fee is $ 29, with 30
free off-peak minutes. Additional peak minutes are 30 cents; off-peak, 19 cents.
A two-year service contract is required. Cellular's Guardian plan offers the
same services, but it's access fee is 21.95 with a required three-year service
contract. Mr. Rescue, Cellular One�s version of AAA roadside assistance, is
included at no extra charge.
Bell Atlantic offers customers its Security plan with a monthly access fee of
$ 29.95 and a uaiform charge of 75 cents per minute for both peak and off-peak
hours. _.
For more information:'Cellular One Customer Service hot line -- 800-235-5663;
Bell Atlantic -- 800-255-2355.
What price cellular safety? All calls to emergency numbers such as 911 or #77
are free. The two cellular carriers that serve the Washington metropolitan area,
Bell Atlantic Nynex Mobile and Cellular One, offer numerous service plans for
cellular phones. Both companies caution against straight line-by-line
comparisone of plans, since the actual cost of a call depends not only on the
service plan you choose, but also on the phone you buy, time of day you use it
and any extra servicea you might decide to add.
Service plans include a montlily access fee, a preset number of free minutes
:x
The Washington Post, August 29, 1995
for peak and off-peak times (generally peak hours are from 7 a.m. to 9 p.m.
during the week), and per-minute rates for peak and off-peak times. Cellular
One�s Peaoe of Mind plan, for example, is designed for those who carry a
cellular phone primarily for safety. The monthly acoeas fee is $ 29, with 30
free off-peak minutes. Additional peak minutes are 30 cents; off-peak, 19 cents.
A two-year service contraot is required. Cellular�s Guardian plan offers the
same services, but it's access fee is 21.95 with a required three-year service
contract. Mr. Rescue, Cellular One's version of AAA roadside assistance, is
included at no extra charge.
Bell Atlantic offers customers its Security plan with a monthly access fee of
$ 29.95 and a uniform charge of 75 cents per minute for both peak and off-peak
hours.
For more information: Cellular One Customer Service hot line -- 800-235-5663;
Bell Atlantic -- 800-255-2355.
CORRECTION-DATE: August 31, 1995
CORRECTION:
An article in Tuesday's Style Plus misstated the monthly access fee for Bell
Atlantic Nynex Mobile�s Security plan. It is $ 19.95. Also, Adams-Morgan
resident Mark Rosenman was misidentified.
GRAPHIC: Illustration, Bethann Thornburgh for The Washington Post
LANGUAGE: ENGLISH
LOAD-DATE: August 29, 1995
204TH STORY of Level 1 printed in F'ULL format.
Copyright 1995 Crain Communications Inc.
Radio Comm. Report
May 08, 1995
SECTION: News; Pg. 3
LENGTH: 1182 words
HEADLINE: OKLAHOMA RESCUERS USE CELLULAR WHEN 2-WAY CAN'T COMMUNICATE
BYLINE: Linda Kay Sakelaris
BODY:
Cellular telephones improved communications at the Oklahoma City tragedy when
public-safety groups' two-way radios-all on different frequencies-couldn't
connect.
" At the site of a disaster, radio channels max out immediately with just
tactical communication,�� said Ron Baker, director of wireless services for
McCaw Cellular Communications Inc.'s Cellular One Oklahoma district.
��Telephones, if they're working, can get gridlocked. Cellular becomes a common
way for everyone to communicate and it can do voice, data and fax,�� Baker said.
When the bomb exploded April 19 in front of the Oklahoma City federal
building, firefighters, police and medical crews immediately arrived at the
site. All had two-way radios, but each agency was operating on a different
frequency, making communication between agencies difficult.
" Anybody in such a response situation should have been able to communicate,
but we did well with what we had, " said Gene Thaxton, director of
telecommunications for the Oklahoma Department of Public Safety. " Agencies
worked together and Cellular One really took the lead. But if you look at what
happened, there is a need for public-safety frequency,�� Thaxton added.
At first, the city's two cellular phone systems were overloaded with people
trying to check on friends and loved ones in the area and emergency workers
could not get through until the operator prioritized public-safety numbers,
Thaxton said. ..
Cellular One in Oklahoma City helped organize the Oklahoma Disaster •
Preparedness Council three years ago, Baker said. Through its service contracts
with federal, state and local agencies, Cellular One created a directory of
oellular phone numbers for all public-safety officials.
" Within about two houra of the blast, we had priority service for about 50
numbers at firat, then added some,�� Baker said. Immediately after the blast,
system use shot up 282 percent above normal, Cellular One reported. In the 24
hours after the bombing, call volume wae up 54 percent, the company said. Two
cell sites on wheels, or COWS, were set up in Oklahoma to help with �
communications. Aa AT&T Corp. microcell was brought in from Ohio and set up at
the Myriad Convention Center, a multiagency disaster command post about eight
Radio Comm. Report. May 08, 1995
blocks from the bomb site.
" It has worked wonderfully. We set it up in the drive-through warehouse
center outside the building,�� Baker said. Cellular One also distributed up to
1,000 phones for emergency use.
Oklahoma City's other cellular operator, Southwestern Bell Mobile Systema,
donated at least 500 phones and also brought in several mobile cells. ��We
arranged special battery charging banks that were manned 24 hours,�� said Walter
Patterson, vice president of corporate relations for Southwestem Bell Mobile.
" If a rescue worker's battery ran out, he could just replace it.�� �
The day after the bombing, the Southwestern Bell Foundation donated $1
million to the relief effort. More than 900 Southweatern Bell employees work
within one mile of the bombing site; the company said employees were actively
involved in disaster relief. Both Cellular One and Southwestern Bell donated
airtime during the crisis.
While cellular boasts that it saved the day, public-safety leaders remain
convinced that several dedicated radio channels to network public-safety crews
are needed.
It's not news that public-safety groups aan't talk to one another at the
scene of a disaster. Some are on 150 Nffiz and others at 450 N�iz, and a group�s
equipment often ties it to its sole frequency.
Public-safety aommittees nationwide are working on large-scale plans to hook
agencies onto the same frequencies. ��There�s nothing like a real life
experience to solidify genuine radio issues and kick out superficial ideas,�'
Thaxton said.
There needs to be special public-safety spectrum and interoperability between
federal, state and local agencies, said Ronnie Rand, executive director of the
Association of Public Safety Communications Officials Intemational Inc. The
not-for-profit group claims 12,000 worldwide members.
" I thi.nk the after-action reports from Oklahoma City will show that
communication was a problem, but it shouldn�t be. Our association has encouraged
the Federal Communications Commission to give this quite a bit of thought and
they've invited us for discussions,�� Rand said.
APCO suggests giving public safety a variety of spectrum-apots depending on
the usage needed. Generally, 800 Ngiz is good in urban areas because it bounces
off buildi.ngs; 150 Nffiz is good for statewide systems, Rand said. APCO also is
interested in spectrum at 380-400 T�IIiz, which was recently abandoned by NATO.
Oklahoma has a 32-member, statewide strategic communications committee for
public safety. It includes representatives from state government, local
emergency medical teams, the military, firefighters and others. Thaxton said one
goal is to complete the statewide 800 NIIiz trunked radio infrastructure project
the state atarted in the 1980s. It currently covers seven counties�around
Oklahoma City and is uged by the Oklahoma Highway Patrol. Its growth was
deterred by an economic downturn, said Thaxton, who also is APCO'•s frequency
coordinator for Oklahoma. -
Radio Comm. Report, May 08, 1995
��The state funds radios for all agencies, but they can�t communicate. As we
approach the 21st century, we need to be in•a position to take advantage of
mobile data imaging and live prints. The 800 Nffiz frequency is very clean,��
Thaxton said.
At the Oklahoma City bombing site, the Department of Public Safety used the
800 NIIiz syatem at its command center. Thaxton said most agencies at the site set
up their own command posts, transmitting at their own frequency but monitoring
all others through a scanner.
" We programmed the 800 frequencies into the (disaster) command post of the
Oklahoma City Police Department, so when we transmitted, they could copy. And
when the U.S. Marshall's Office brought in a command center, we programmed our _
800 frequency into that, " Thaxton said.
Thaxton envisions an Oklahoma " disaster fleet�� system operating through one
800 NIIiz system. Each agency in a disaster could operate on its own channel, but
it also could go into a sub fleet channel.
�'Each agency buys radios and installs some equipment in its dispatch. It can
go on different channels, but if necessary, it can go statewide-such as for a
manhunt. " he said.
The state or federal government doesn�t have to be the sole builder of an�800
NIIiz public-safety system, he said. When Oklahoma's 800 Ngiz project began to wind
down from lack of funds, authorities in Tulsa came up with their own money for
an 800 NIIiz system. Today it almost reaches the Oklahoma City system, except for
a small gap. Oklahoma City leaders and authorities in Tulsa have agreed to work
together to fill in the missing area. �
Project 25, a program under which manufacturers create standards for
public-safety equipment, is progressing, and the establishment of specific
digital standards is expected to be announced in August, Rand said.
LANGUAGE: ENGLISH
LOAD-DATE:•May 11, 1995
LEVEL 1- 1 OF 9 STORIES
Copyright 1995 Star Tribune
Star Tribune
January 24, 1995, Metro Edition
SfiCTION: News; Pg. 1B
LENGTH: 661 words
HSADLINE: Phones still dead in Moorhead after weekend vandalism;
Some service won't be restored until the latter part of the week
BYLINE: Allen Short; Staff Writer
BODY: ,
Residents of Moorhead, Minn., stood in lines Monday to use a few cellular
phoaes that provided their only telecancnunications link with the outside world
after a vandal or vandals slashed dozens of phone cables over the �reekend.
By Monday night, more than 22,000 II S West custoaters - about 20,000 in
MAorhead and 2,000 across the Red River in Fargo, N.D. - were still without
local phone sezvice.
The vandalism left practically the entire city of Moorhead, with a
population of about 33,000, without phone service. ,
II S West officials haped to restore 911 emergency service in M,00rhead by
Wednesday. But other local service could be delayed uatil the end of the week
for about 80 percent of the compaay�s cu.stamers in the Mianesota border city and
surrounding Clay County, despite.crews working 12-hour shifts arouad the clock
to 'f ix the damage .
Someoae broke apea a utility manhole about•8 p.ct�. Satuzd.ay in Fargo and cut
telephone cables it housed. Over the weekead, c�mpany officials discovered t�ao
other sites i+here cables had been cut. Oa M�onday, txo more sites �ith slashed
cables xere found, II S West spokeswanan Vivian Dockter said.
The vaadal or vandals "kaek where to cut to cause the caost damage," she
sa�i:d. "The damage Was .rezy car�licated. They cut the •cables ia several differeat
spote so that it �as imposeible to�splice them back together. This iras done very
precisely aad �i.th some knokledge about what they were doiag."
Although the cables Kere cut 3.a Fargo, mpst service disruptioas occurred in
aorthKestern Minnesota, irhere loag-distance service was lost ia a large area
etretchiag fraa Bauc3�eCte on the Canadian border south to Brainerd and west to
Breckenridge. The affected.area has a total populatioa of nearly 500.,000.•,
� Local service Kas lost only i.n i�oorhead aad Fargo. So the res�oratioa of
long-dietaace Bervice late Suaday mattered libtle to uast MAorhead residents,�
xlao st�li had ao dial ta�e oa their telephoaes. Sv�ea those K3.th dfal toaes or
cellvilar phoaes �kere un.al�le� to ma]ce loca.l calis. ' •,
=.,� ' , , • . . • .
� Y � - . � .
Star Tcibune, January 24, 1995
The FBI and police in Moorhead and Fargo are investigating the incident.
Because the cable cuts disrupted interstate communications, the vandal or
vandals could face federal charges if caught.
Dockter said it was possible that the cable_slicing was the work of a single
person with sophisticated knowledge of telephone technology. But she wouldn't
caarnent on whether company officials believe it might have been the work of a
current or former II S West ea�ployee. -
"We have no evidence or proof at this point that this was the work of an
employee or former employee," said George Blackwell, a Q S West spokesman in
Minneapolis. "We are always concerned about possible acts of sabotage, but we
haven�t received any communications fran anyone involved."
The regional telephone company, which operates in Minnesota and 13 other
states, is in the midst of cutting 17 percent of its work force, or 9,000 jobs,
by 1996. Between 700 and 900 of those jobs are in Minnesota.
Blackwe•11 said that O S West is offering a$ 10,000 reward for inforn�ation
leading to the arrest and conviction of the guilty party. Lauren Stottler, North
Dakota vice president for II S West, said it was unclear how much it wauld cost
to fix the damage but said it may go as high as $ 1 million.
Oa Mfladay, calls to Moorhead's 911 service center were being forwarded to
Fargo, sehere 911 operators used t�ro-way radios to relay the information to
Moorhead police, fire and paramedic unite. Police advised people to go to their
nearest fire station to report emergencies.
A bank of 20 cellular phones was set up in a downtown shopping mall,
available to custanere around the clock for making emergency calls. Ten more .
cellular phones and two-aay radios srere available at city recreation sites,-
Dockter said.
Staff �ariter Kevin Duchschere contribut�d to this report.
LANGUAGS: ENGLISH
i,QI�D-DATE: Jaauaxy 25, 1995
LEVEL 1- 19 OF 49 STORIfiS
• � Copyright 1994 Chicago Tribune Company
Chicago Tribune
Januazy 23, 1994 Sunday, FINAL SDITION
S$CTION: BIISINESS; Pg. 7; ZONE: C
LENGTfi: 631 words
HEADLINB: CELLIILAR PHONES ANSWER MANY SAFETY N$BDS
BYLINE;•Associated Press.
DATELINE: KANSAS CITY, Mo.
BODY:
More and more people are buying cellular telephones, not juet for business,
but for personal safety oa and off the road, according to industxy analysts,
customer surveys and cellular-phone c�panies.
"There has beea aa increase in the number of noa-business users," said Mike
Houghtou, public affairs director for the Cellular Telecommunications Industzy
Association in Washington.
�"There have been some surveys'. .. which showed that two-thirds of the
- peaple polled said that safety and security were the reasons they purchased a
mabile phone," he said. "Of that group, about half said they had used their
phone to report car trouble, a medical emergency, crime or dxvnken drivers."�
Based on a twice-yearly survey coveri.ng Jaauary through June 1993 and
reported it� October, the aesxiation estimated that cellular-phoae users
nationwide made about 600,000 calls a month to 911 and other emergeacy numbers.
Ninety percent of mobile-phone usere surv�eyed said they became more willing
to help etrangere oa the road after gettiag a phone, while one i� four reported
they bought an additional phone for a family member because of safety co�cerns.
Sales surges eanetiuies have followed well-publicized violent incideats.
"Busi.ness does seem to boom Khea scmething bad happene," said Meri Smith, a
sales represeatative for Signature Cellular in'Overland Park, Kan., a regional
carrier for SouthWestern Bell Mobile Systems. .
Smith said Signature�e business increased 70 percent in the aeeke follo�ing
an attempted carjacking in September in a Laorrence, Kan., park tYiat resulted in
the shooting death of the driv�er. ,
' Karen Nielsea, aa industry analyst�for Northern Busi.aese Infoxmation in NeK
York, aoted that cellular campaaies.last y�ear begaa promoting sales by
highlightiag eafety and ".v�ehicle-based, emerge:icy use of a phoae.M �-
Car j ackiags arauad the ccuntry . along xf th a�' spate. , of tourist ki:lliags ia '. ,
Chicago Tribune, January 23, 1994
Florida last summer apparently have convinced eome consumere that cellular
phones might save their lives or those of others.
"Tragically, these types of incidents may renew people�s interest or get them
to think about it to begin with," Nielsen said.
About 13 million people subscribe to cellular-phone services, a figure that
Washington-based Bconomic and Management Consultants International Inc.
predicts will rise to 21 million in 1995. The growth is due to the growing
acceptance of the phones �nd market trends that are making them vastly more
affordable. _
Cellular carriers are slashing the cost to customers, offering promotions
such as free or nearly free phones-which typically cost $250 or more-in exchange
for one- or two-year service agreements.
"You're starting to see more flexible pricing plans and lower-tiered
pricing," said Nielsen. "You may have a vexy high air-time (per-call cost) at a
lower monthly fee, which is fine for using it just in an emergency."
Most carriers don't charge for 911 calls.
According to Telocator, a Washington-based trade association, the ranks of
cellular subscribers grevr 2.1 million last year.
Dennis Martin, executive director of the Natioaal Association of Chiefs of
Police in Washington and fozmer chief of the Maple Grove, Mich., police
department, has no doubt that cellular phones are important safety devices.
"The cellular phoae hae really been a very useful tool for every area I could
im"agine," he said. "We see (cellular phoaes) used vexy frequently, and it'e
amazing we were able to survive without them."
The devices caa help deter muggings, purse-snatchings and carjackings, can be
useful in the hane for emergency calls if regular phone lines are doy+n and are
often i.nstrumental in headiag off daagerous eituations on highwaye where
conventional phones aren�t nearby, he said.
LANGQI�G$ : SNGLISH
IAAD-DATS: January 23, 1994
LfiVBL 1- 16 OF 49 STORIES
Copyright 1994 The Times Mirror Company
Los Angeles Times
Februazy 15, 1994, Tuesday, Orange County Fidition
SECTION: Business; Part D; Page 6; Column 2; Financial Desk
LENGTH: 816 words
HSADLINE: CALLING ON CBLLULAR PHONSS FOR �RGENCIES;
TgCFII�iOLOGY: SALTS OF THS PORTASLfi INSTRDMENTS ARfi IIP FOLIAWING THE NORTHRIDGE
QDAI�. MANY OF THE BIIY$RS ARE WONIBN.
BYLINE: By ANNE MICHAUD, TIMSS STAFF WRIZTsR
DATFLINS: LAKS FOREST
BODY:
Aretha Franklin�s�naate dcesn�t buy her much luck with automobiles. Twice in
the paet year, this 25-year-old single man from 7�ake Forest -- no relation to
the famous rhythm and blues singer -- has found herself by the side of the road,
broken down, alone.
Then came the Northridge earthquake, and Franklin decided it was time to buy
a cellular phone.
"I saK those cars stranded, and I thought, �They should have a phone in the
car,� " said Frankli.n, who is a marketing representative for the credit union �[t
$1 Toro Marine Corpe Air Station. "I�ve shown my 7-year-old soa how to use it."
Cellular phones are grosving ia popularity ae emergeacy lifelines, according
to electronics dealere.�Regular telephone service wae knocked out for more than
12 hours in parts of Los Aageles County follo�ving the Jan. 17 quake.
Ken Swain, a manager for West Coast Auto Souad in Tustia, said that 50� of
his cellular phoue-eales are for eaiergency use now, ccxnpared with about 20ic at
this time laet year. Most of the othere are used in bueiness.
Subscribere can order either emergency or business phone service -- emergency
service requires a lo�aer monthly payment, but higher per-minute charges than
phones used for busi.ness. .
Usually, emergency service carries a$25-per-iaonth charge and costs 90 ceate
per u�inute for daytime use. There is no charge for calls to 911 oa the PacTel
Cellular system. Oae of the caapariy�s uwst popular plans for business users ie
based oa a$70-per-month basic paya�eat, Which eatitles the user to 80 free
a�inutes; beyond that; the coet.is 41 ceats per minute in the daytime. The phoaes
themselves run Eraa about $100 to more than $500.
.Sales of c:ellular phoaes are up by 35i� ei�ce �the Northridge quake, said -itay
iQiorramian, owner of�Coaverse Conaectiens ia�Lake gorest.
0
Los Angeles Times� February 15, 1994
While beepers are popular among less affluent custaners seeking to stay in
touch -- basic models are $20 to $120 -- they don�t provide the flexibility of a
cellular phone. The beepers have not proven as popular, IQiorramian said,
because a person cannot use them to dial immediately for a call.
"Most people want to be able to reach emergency services," he said.
He said many customers are women, or men who say they are buying them for the
women in their lives. -
Steven L. Schandler, professor of psychology at Chapman IIniversity in Orange,
observed that people don�t want to be out of touch.
"What are have now is a tremendous swelling of insecurity," he said. "Being in
a period of constant crisis is not normal for Califomians."
Pac'Pel Cellular, which serves the greater Los Aageles area from its Irvine
office, hae awakened to the use of cellular phones as emergency tools.
"It used to be a tool for improving (business) productivity," spokeswoman
Melissa May said.
She said her company has organized a system of cells on wheels. These can be
brought into a disaster area when the regular cells, which are li�ke broadcast
towere that relay signals, are damaged.
Just a(Cellular) Phone Call Away
Consumere have discovered that cellular phones are good for more thaa
wheeling and dealing. Families are buying them for the ability to reach loved
ones in an emergeacy, regardlese of locatiion. Here is a short course in cellular
basics:
TH$ PHONE
$quigment is sold at small retail shops�specializing in cellular equipment
and at large coneumer electronics stores. Most stores are also authoriaed agente
of PacTel Cellular or L.A. Cellular and Kill activate, program and repair the
phones.
-- Makers: Top maaufacturers include N1�otorola, Nokia, Audiovox, Oki, Fujitsu,
Panasonic and Miteubiehi.
-- Price: $100-$700
-- Activation: Before a cell'v.lar phone can be activated and aseigaed a
number, the buy�er must get approval fraa PacTel Cellular or L.A. Cellular. A
$200-$1;000 deposit may be required, depending oa credit hietory. There is al�so
a oaetime activatioa fee of about $50 per phoae, but sane stores iaclude thie iu
the purchase price. �_ '
�NTFiLY SSRVICB
.. A variety of plans are ava.ilab],e,. �iiere are secae PacTel examples: _-.: . .
Plan
Personal CommuniCatians
{8mergenc�rj Plan
Basic Plan
PremiuAt Plan ***
DisCount Plans
Los Angeles 'iimes, Febnsary 15, i494
Monthly access Peak�periad* Off-peak period**
. charge rate per minute rate per minute
$25 90 aents 20 cente
$45 �5 aents 27 cents
$239 45 ceats 27 cents
A varie�y of plans are available for high-volume users, bu� most require a
3.2-month subseription agreement. A cancellation fee of $100 or more is eharged
iE service is deactivated during the 12-month.peziod:
* 7 a.m. to 7 p.m. weekdaye
** '7 p.m. ta 7 a.m., plus vreekends and holidays
*** Mon�hly fee �3zat includes custom-calling charges, such as call-waiting
and about nine hours of peak or off-peak air time; per m9.nute charges apply to
additioaal time only.
Source: Individual stares, PacTel Cellular; Researched by J1a2�iIC8 L. JONES /
Los Angeles Ti.mes
GRAPHZCz Table, �NTIiLY SBRVIC� ; Chart: Just a(Ce12ular} Phone Call Aw,ay, Las
Angelee Times ; PhoGo, �y models of cellular phonee are available at Converse
Commun:icata.ons, where sales are up by 35�C since Northridge quake_ MARK BOSTBR /
Los Angelee Times
i,A1�TGIIA�GE : BNGLISH -
I,pAD-DATE: Februazy 16, 1994
0
0
LEVSL 1- 17 OF 49 STORIi3S
Copyright 1994 The Houston Post
The Houston Post
February 11, 1994, FRIDAY, FINAL BDITION
SfiCTION:_LOCAL, Pg. A23, HODTEX
LENGTFI: 411 words
HEADLINE: NERVF, CSLLiJLAR PHONE HELP$D SAVF� P.'rJMAN' S LIFfi
BYLINFs: TESSIE BOR, OF Tii� HOIISTON POST STAFF
BODY:
When Marcella Hartinan bit off the finger of a would-be abductor and stabbed
hi.m ia the face to escape, she had two things on her side: her nezve and her
cellular phone.
Hartman was on her way home fraa her Hobby Airport job at about 2 a.m. Monday
when her car was hit by a pickup and its driver attempted to abduct her.
But the spunky wife of a Houston policeman fought off her attacker and
escaped juet as her husband - who she�d called oa her cellular telephone -
arrived. '
On reflection, Hartman refused to see her action and bravery in the face of
beiug attacked as aaything exceptional.
��I can�t see that any other Koa�an woulda�t do the same thing,�� she said, ae
she lay on a couch at her home Thureday, nursing a foot injuzy suffered during ,
the attack. ' '
��If your life was in danger, you�d ivant to do samething about it."
Hartman eaid her husbaad had bought her the cellular phone and air time eix
yeare ago, expressly for emergency use.
��We (got) it for exactly that reason, " Hartman said. ��I never used it
- ualess it iras aa emergeacy, or i was late coming haree or eamething like that.��
She said she felt safer haviag i.nstant aacess to help.
��We had a lot of calls �ran peaple after �he iacident,�� eaid Craig Taylor,
corporate sales representative at Houston Cellular. " Peo�le see cellulare as
inexpensiv�e inauraace.�� .
But Hartman�e phoae call Kasn�t all that sav�ed her. She ehowed uausual
presence of u�iad for an aseault victim, 3.avestigators said.
��You figure iE they juet `raat to eteal y�our car, they�ll hit you on the head
aad leav�e y�ou there, ��� eaid �Sgt. .Danay Sillingsley of the Harrie Couaty
Sheriff�s'Departmeat. - � � , �
Tho Houston Post, Febivary 11, 1994
" She decided that if she went with these guys, she was not going to live."
Susan Spring, a University of Houston student, said�'Hartnian�s ordeal
dominated conversation among her friends the next day.
�'It was so gutsy!" she said. ��I don�t know if I would have the gute to
grab a pen and stab sameone in the face, much less bite their finger off, bones
and all.�� .
Most women share that attitude, and it can make them victims, said Mitzi .
Vorachek, spokeswoman for the Houston Area Women's Center.
" Society does not teacti�women to fight back," she eaid. " As a species or
as a geader, they are not trained to be assertive."
But Vorachek said assault victims who fight back usually take less time to
recover psychologically fran an attack and they have higher self-esteem
a.fterward. '
LOAD-DATg: August 24, 1994
0
0
Public Safety Questions
In re�ent years there has been concern over possible health effects from radio frequency (RF)
ener�y. This energy is around us every day, comin� from commercial radio and TV, radar, amateur
cadius, and other sources. The frequencies used by the cellular phone network are the same ones
assi�n�d previously to certain UHF TV channels, and so have been in the air�vaves for many years.
The �merican National Standards Institute
(ANSI) has established a standard for safe ex-
posure levels to RF energy. That standard is
compsred to other household sources and a
typical cellulac phone antenna in the adjacent
g�aph. Cell site antennas transmit relatively
short distances and operate at very low power
levels. The amount of energy from a single
cellu(ar phone channel is typically abou[ the
same as the energy required to operate a 100-
watt light bulb. Each cell site may operate
any��here from eight to %fty channels simulta-
neously, though the channels rarely all transmit
at the same time. Therefore, the energy from a
typical cell site would be equivalent to the en-
ergy needed to operate up to fifty 100-watt light
bulbs, depending on how many channels are
being used at one time. .
T/ie power from a sin�le cellular channe! is about
tlie same as an ordinary 100-watt ligf:t bulb.
�
B
3
c
�
�
0
�
W
S
ANS( 1 Foot Hand Hdd Cor�ess Cdlular
Swidard from a CB Radio Phone
MiaoWave,
Oven
Comparison of RF Energy, CellularAntennas vs.
ANSI Standard & Household Sources
Some antennas in the cellular phone network
are microwave relay antennas that transmit and
receive telephone messages from cellular sites
to the wireline telephone network. The signal
between these antennas is in a directed beam,
so the dispersion of RF energy outside this
narrow beam is insignificant. Even directly
beneath a cellular antenna, the exposure �s
about half that of an ordinary cordless phone,
or less than one percent of the ANSI standard.
Cellular poes Not Interfere With Other �ransmissions
To maximize the capacity of the system, cellular antennas transmit at very low power. This allows
the same frequencies to be used simultaneously in non-adjacent cells. US WEST NewVector Group
operates hundreds of cell sites in its market area and has never caused any interference problems
with other transmissions.
Radio frequencies are a precious national
resource for which there is a tremendous and
growing demand. The Federal Communications
Commission (FCC) regulates the use of radio
frequencies throughout the United States. The
graphs illustrate the broad range of frequencies
:ind the narrow segment of this spectrum that
constitutes radio and television frequ�ncies and
those allott�d to cellular phone tr:insmissions.
�n��. Cellular Phones
o,mm, v�okc v�ible AM
Ray� X Rayr Lf{ht tnUared Microw+w. /FM Rsdb
1019 10�� l0» l013 10��� 100
ELECTROMA4NETTC SPEC[RUM�
C�eltular Phonc�
UHP NCh�nmqT•1] FM Rsdio TVChann�4:�b
109
to'�
� �o�
to�
rr«p.nry/�k
--c_...- . _. .
r
LAW OFFICES
HESSIAN, MCKASY 8L SODER.BERG
PROF6SS[ONAL ASSOCGTION
Minneapolis • SaintPaul • Washington, D.C.
4700 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2228
(612) 330-3000 Facsimile 371-0653
Marc L. Kruger
, 1512) 330-3060
January 2, 1996
Mendota. Heights Planning Commission
1101 Victoria Drive
Mendota Heights, MN 55118
RE: U S WEST NewVector Group, Inc. - MINSUNFISH
Application for Consideration of Planni�g Request (Condilional Use Permi�)
750 Highway 110, Mendota Heights, Minnesota
Dear Commission Members:
This letter accompanies an Application for a Conditional Use Permit to locate a cellular
telephone monopole antenna site on the property described above and owned by Mendota
Associates and to construct this same monopole antenna to a height of one hundred (100) feet.
This Application is in the name of the US West NewVector Group, Inc., also known as US West
Cellular. Our office has been retained by US West Cellular to represent it in this matter, and
this Application has been signed by our firm, acting as its agent and attorney.
The Proposed Use.
We propose to install a cellular telephone antenna site on land owned by Mendota
Associates on which the Mendota Plaza shopping center is located. Mendota Plaza is located
at 750 Highway 110, which is at the intersection of State Highway 110 and State Highway 149
(also known as Dodd Road). The area is zoned B-4, Shopping Center District.
The proposed construction consists of a monopole one hundred (100) feet in height, to
which will mount directional antennas. This is to be located directly adjacent to the existing
shopping center. The cellular equipment for this facility will be installed in a twelve (12) foot
by twenty-four (24) foot area in the basement of this shopping center. The installation will be
served by the access drive presently existing at the site. A site plan and elevations depicting
the proposed use accompanies this Application.
Mendota Heights Planning Commission
7anuary 2, 1996
Page 2
This site was selected after identifying a coverage area in which our customers have
experienced problems such as "dropped" calls and "cross talk" (as those problems are described
below in the section entitled "The Cellular Grid") and after analysis of four (4) other available
sites. A general description of this process, together with a listing of those other potential sites
and a statement as to why each was rejected, is set forth in the Memorandum dated December
20, 1995 from 7on Zirbel to Kent Sticha, a copy of which is attached to this letter for yoar
information.
Antennas
As noted above, the proposed cellular antennas will be mounted on the monopole. The
area in which cellular coverage is needeti largely defines the required antenna height. Naturally,
topography also plays a role in arriving at the appropriate height, since cellular signals cannot
pass through the earth or around large objects. The engineering constraints of our cellular
system dictated the proposed locations and height of the cellular antennas to meet the cellular
coverage needs in this area of Mendota Heights.
Equipmenx Room
The equipment room that is proposed will house radio, computer and climate control
equipment for this site. A twelve (12) by twenty-four (24) foot area located in the basement of
the existing shopping center building will be remodeled for this purpose. The impact on the
existing structure will be minimal.
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 occasional maintenance visits.
There will be no measurable impact on tra.ffic 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 project as planned will be in compliance with the general requirements for the B-4
Zoning District, set forth in Sections 4.17 and 19.4 of the Mendota Heights Zoning Ordinance
(all references to Sections below refer to this Zoning Ordinance), to the extent they aze
applicable. The monopole will be painted an eggshell color and will blend with the existing
structure as much as is possible. There will be no exposed mechanical equipment nor any
signage. The project will not encroach on the specified set backs and requires no change in the
Mendota Heights Planning Commission
7anuary 2, 1996
Page 3
e�cisting grades or landscaping. E�cisting parking easily accommodates that nceded for occasional
maintenance visits.
The Cellular Phone System.
Users of cellular telephone service include members of the business community as well
as the public sector. Commuters, doctors, builders, salespersons, business owners, and
executives all benefit by using cellular phones. Additionally, cellular telephones are used
extensively by fire, police and other public safety officials and departments. The system allows
police and others to conduct discreet communication in the field, and it enables direct
communication with individuals in need of assistance even when a traditional telephone is
unavailable. For these reasons, this proposed use constitutes an"essential service" under Section
3.2(40).
Cellular phone users can contact "911" to report accidents, fires, or other emergencies
without first having to search for a telephone. Mr. James R. Beutelspacher, 9-1-1 Project
Manager for Minnesota, wrote that "the unimpeded growth of cellular service is an important
adjunct to 9-1-1 emergency reporting." A copy of his letter is attached for your information.
Cellular is a low-power system. The amount of energy generated from a single cellular
phone channel is typically about the same as a 100 watt light bulb. This is less energy than is
generated by the typical cordless telephone which is used in many homes today.
The Question of Interference.
The cellular mobile phone system operates on a specific set of channels set aside by the
Federal Communication Commission ("FCC"). The filtering of spurious signals is very tighfly
controlled. Cellular telephones operate within a strictly regulated set of allotted frequencies
between 835 and 897 megahertz. For example, US West Cellular is cunently operating over
700 cellular antennas around the country with no case of television or radio interference
reported.
All US West Cellular cell sites must be operated in accordance with our FCC license to
provide cellular service in this area. Mr. Albert S. 7arratt, 7r., Engineer in Charge of the St.
Paul Field Office, Field Operations Bureau of the FCC has confirmed in his letter to that the
FCC has received no complaints of interference by cellular phone transmissions with home
electronic entertainment equipment in the Twin Cites or, for that matter, in any of the five states
in which Mr. Jarratt's office has jurisdiction. A copy of his letter is enclosed for your
information.
Mendota Heights Planning Commission
7anuary 2, 1996
Page 4
The Cellular Grid.
Cellular service provides subscribers with highly portable phone service by developing
a grid of radio cells arranged in a geographically hexagonal pattern. Each "cell" is created by
an antenna which serves as the link between the �u�tomer and the system while the customer is
within that particular cell. As callers move from one cell to the next, their calls are switched,
or "handed off," to the next cell's antenna site.
Each cell can only handle a finite number of calls at any one time. As the number of
customers increases, the grid must be changed to handle the increasing number of calls. This
usually means that more cells need to be created within the same geographical area, resulting
in a new grid pattern of smaller cells.
One of the keys to cellular engineering is to take care to design each cell to be the proper
size. If a cell is too lazge, it will interfere with the operation of neighboring cells, and callers
will hear other conversations or "cross-talk." If a cell is too small, some areas between cells
will be left without any service and callers will not be able to use their phones. If a caller is
in a valley or if a hill lies between the caller and the cell's antenna, the area acts as if there is
no antenna at all. When topography comes into play, cellular telephone service can be both
difficult to provide and frustrating to use.
Cellular engineers now employ the use of directional antennas in an effort to
accommodate the topography. By increasing the elevation of the antennas and tilting the
antennas downward, the cellular signal is projected over the top of hills and down into valleys
without increasing the cell's overall size. Indeed, this technology will be employed at this
particular site.
The foregoing are some of the many factors involved in the selection of a location for
a cell site. Taken together, all of these factors create a narrow search area for location of the
cell site. In this case, these factors combined to make it necessary to locate a cell site near the
intersection of State Highway 110 and State Highway 149/Dodd Road. It is also necessary to
utilize an antenna of the height specified (100 feet) in order to provide a cell of optimum size
for clear communication. Since there is no municipal antenna site within this search area, we
are not able to utilize any existing facilities.
The Conditional Use Permit.
Section 3.2(40) 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)
Mendota Heights Planning Commission
7anuary 2, 1996
Page 5
provides that "permitted essential services shall be a permitted use ... in all zoning districts."
However, Section 18.6(3) states that "essential service structures" such as the proposed
monopole antenna are a conditional use of the land in the B-4 Zoning District. Furthermore,
Section 4.9(2)a also requires a Conditional Use Permit because part of the proposed essential
service structure (the antenna tower) �s n�ore than fifty percent (50�) higher than the maximum
height permitted in the B-4 Zoning District (Section 18.8(2) provides that the maximum height
in the B-4 Zoning District shall be the lesser of three [3] stories or thirty-five [35] feet).
As explained above, the proposed antenna tower will need to be higher than fifty-one and
one-half (51 1/2) feet high in order to satisfy the technical requirements for this antenna site,
so as to permit this "essential service" to operate properly. We believe that this use will have
a minimal adverse impact on the neighboring land, while serving a public need which otherwise
cannot be addressed.
Conclusion.
This letter should serve to better explain of the purpose of this Application and to answer
some of your questions. If we can be of further assistance, please feel free to contact me at
330-3060. Naturally, we will be in attendance at your meeting to address any questions that you
may have. We appreciate the assistance that we have already received from the City Staff, and
we look forward to working with you to better serve the Mendota Heights area.
Thank you for your consideration.
Sincerely,
HESSIAN, McKASY & SODERBERG, P.A.
�� '�
Marc L. Kruger
Enclosures
cc: Mr. Kent Sticha, US West Cellular (w/o enclosures)
93215-1 0530200-005900
•w •-i ! I/ ��• !�! .i�
DATE: December Z0, 1995
Tt�: Kent Sticha - Midwest Rea!-estate Manager
FR�M. Jan Zirbei RF Systems Engineer
RE: Mendata Heights Cellular 1=acility �ite
The purpose of this mema is ta autline U S West NewVectar's ab}ec#ives and
requirements for the cellular facility site prapc�sed in Mendota Heights at the
intersectian of Mendota Rd and Dodd Rd. �
The major abjectives of the site are to provide cellular caverage on Dodd Rd,
Mendata Rd, and 5unfish �ake area while not creating additional interference
which will degrade system quality elsewhere. Please find attached a copy of
the map outlining the coverage objective o# the cel! site along with current
ceil site #ocations.
In determining fihe location for the cellular facility, site-specific factors must
be considered such as the terrain btocking, prapensity of the site tc create
interference to the cellular system, rf attenuation through heaviiy wooded
areas, and diffraction and reflections from buildings and terrain.
The selection of this site is made with actual drive test data ihat verifies
computer propagation anafyses, The data was compiled witFt the use of a
test antenna hoisted to the praposed height at the site. The current
proposed lacatian at Mendota Plaza, 75d Highway 110 was selected after
careful data col(ection and anaiysis.
The sugges�ed slternative sites were analyzed as follaws.
1 j Sibley High School
a} Does not provide line of site coverage to Dadd Rd
b} Suffers from rf attenuatiort th�ough wooded areas
alang the propagation path ta Dodd Rd
c) Creates increased interference to the system
d) An actual test antenrta haisteci to the praper height was perfarmed at
this Cocatian,
2) City Fire Department
a} Thc� location is toa ctose to existing ceti site on Msndata Heights
water tank which pravides excessive averlappirtg coverage.
b} The location is too far away fram coverage objective area which wiN
nat imprave the coverage quality in #he targeted area due #o the signat
decay with the increased distance.
3} AT& T tower an Highway 13
a} The loeatian is too far away from coverage objective area and wauid
no pravide any improved caverage in the targeted area.
4j Mendakota Golf Course
a) The locatians on the praperty that would accommodate a celluiar
faciiity are too far away from the caverage objective area which wili
not improve the coverage quality in the targeted area due to the signal
decay with the increased distance.
1fi you have any questians, please caN me at 595-508fi.
Thank yau.
�
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i3ep�tenL of
Adminiatrntion
intcrTcch�oiogics
Group
r��4,3�,��r �. , ���
F.9t. �c� S�nder;
AeQicAgl G9f18l�i M8f18�9j
U.S. West C�efiviar
(�pus Gateway. Sutie 4t4
98{?0 Brenn Road East
Minnetonka, Mlnr�esota �z3:3
Dsas Mr. S�rtdefs:
l am wri�rtg to thank you fot yotrr continu� c�operaGan !n �rcT�dl�g the b$st �ossibla 9-# •i senrica
to yc��r subscri�rs and to sxpress my sv�;�t for furti�r ��,�iar grcwfh.
As yc,� kr,caw, L;e p��kc s�s�� car.zmu^.',� bagan rec�ivir� 9•1•t emergenc� calls irom cellc;lar
users frcxn tfire sfart of cai�uiar sarvice. T�e 9•1•1 syafef:, in�raves the levef a! pcsbkc s�faty
sesvlca b the c�mmun�y �y a(Sawfng fas,ar an3 easisr erargency r�ar�ng. Ce{iul�r s�nrk�
enhances fhat rzpabififiy by a1lowing S-i-1 ca!!s from tt�e scGne, �egafdtess of landlfne te=e�ir�ne
av�Sa�i�t�. !t provfdes the c�partunity for c�-tfie-spc� err�r�acicy re�artinp,
Ycur e�iost fa hefp raute celiular 9•1-i �;is to the proper pclb.�c sateiy answedng {�lnt and a�rlsa
your subscrlE�rs aboui 9•1-1 avallab�Gty has been e slgnifc�r,t heip to pttb�ic saiety. In i98�, tF�
Golden'laiiey State Patroi dspatch center �nswered abaut ?,��J c�lfulac s-�-1 ca�s per month. Thls
year, wa(f over 2,Q00 ca!!s � mor�ih are res�anded ta. �t�t ir�c;easa Indicates �h your sc.�ccess
fn seiGng celiuiar tele�o�es, and yaur h�lp In Qducatln� yc::r subscrtbers about 9-�-1. I�'a�y of
those 9•1-1 ca(ls t�eported emargen�ies kcatsd away from c�rventlonei telephones, �o ca{iuiar
saved predous tirne. The moblGty of cellul�r service coai;,;e;nents khe untver�a�iy of ttie 9•1-1
system ,� provltta a rea3 benefit to the �mvrity.
IE has �en a pleasure wor�ng :vim you to bring fhe beneiiia of 9-i-S and celiu!ar aerv�ca to the
comm�nlUos of hilnnespie. Mlnnesota Is �roud o! our a�c�:��!lshment of statewl�e 9-1-i. Your
effotts ai eventval statejt�i�e c�iiult�r sero:ca la �ppreciated and encouraged. The unimpeded
�rcw�h ai ca!lular sesvlce !s zn lmpo�#snt edvnct to 9•1•1 er.:argency repor€ing. �"/e loak iorward
to fu�ther jaint eitorts io pravide this servir� to more t�linne��tar.a. '
S �a
.� .
Jame; R. BUutols�achat
Str�f� 2�1•i f'roj�ct Man�fl�r
E�uninaa; 7oct�nokaQ',os Div1,(�n
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. e • ♦ , . n. . .�'F�..£��y _.',:i ....k.'IL:^."..,. + �-�
FEDERAt� �aMMUNt�AT10N5 COMMtSS10N
F1E1,0 OPEF7ATfUN5 BVREAU
Occobet' Z3, i°90
Ti�ochy G. Hallo�y
D ah?green Shard Iav and Ub arc Iac .
300 Firs C Aveaue North
Suite 210 '
Minneapolis , MN 55�►01
�
Des; Mr. *t a17,oy:
�oOw[S! rKrLY TO �
643 ��dera L Bcsilding
3Io ;I. Raber t 5CreeC
St. Psul. 2'�.N 551Q1
�
I a� writing in respanse to yaur iaquir� regarding FCC mcazcori=zg of cellu-
la= pi�oRe operatioas and the incidence af reports ar cona?sincs of inter-
fereuce W it� home e?ectrons entercainmenC equ;.�meat.
The SC. PauZ Fi.eld Office, Eield Operations Bureau (FOB} :.s the Buresu of
the redera? Gom�unicatio�ss Commission whic?� zs respons�le far insuriag
conoliance uith axost of the techizial rul.es t:zat the Corsm�s:��t adm�.isGers.
We also provide a.variety of sarvices and speci,al assisLaace to FCC
1ice�sees and Co the gub Iic . Generally, i: there is a co�?��nt regarding a
te?evisioa, radio o� other FCG Iiceased broadcasting eatz.,� uc Chis reginn,
it vould be xegistared with our office. Tae jurzsdictioa of the S�. Paul
Fie?d Office covers a1.1 0� Mianesata and Horth DakoCa aad porCicns of South
Aakota, Wisconsin and Michigan. CompIainCs can be register�3 srith us either
by telephone or by •ariting anr offi,ce at the above address. '
We have received uo complai.nCa of interfereace c+ith home electronic enter-
tainment equipment in the Tcrin City ares ar anyvheze crithi� Che jurisdi,ction
of our office as a�result of cellular phone transmissioas. Thzs is not
surprising since tbe frequencies on Which Che cellular syste� is licensed to
apetate are l.ocated in Che u1Cra high frequency (UHE') bar.d vhich is signi.-
ficantly higher thau radio and Celevzsion frequenciea. There are relatively
fe� ather channels� in Chis frequency range ahich brpadc3st programming
intended for the general pub2i�.
I hope th.is anwera .yaur quesCioas.
caatact me at t612} 294-3819.
S incecely,
r
� -`` r
A1b�r� , Jurratt, Jr.
Engineec Ici Charge
Ptti3J;j
If yocs aeed aay further information
m
...�...�..�-...�T ' ,.,;__ ' _
LAW OFFICES
HESSIAN, MCKASY 8i SODERBERG
PROFESS[ONAL ASSOC(ATION
Minneapolis • SaintPaul • Washington, D.C.
4700 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2228
(612) 330-3000 Facsimile 371-0653
Marc L. Kruger
(612) 330-3060
January 2, 1996
Mendota Heights Planning Commission
1101 Victoria Drive
Mendota Heights, MN 55118
RE: U S WEST NewVector Group, Inc. - MINSUNFISH
Applicalion for Considenatio� of Planning Request (Cortditional Use Permit)
750 Highway 110, Mendota Heights, Mi►�nesota
Dear Commission Members:
This lEtter accompanies an Application for a Conditional Use Permit to locate a cellular
telephone monopole antenna site on the property described above and owned by Mendota
Associates and to construct this same monopole antenna to a height of one hundred (100) feet.
This Application is in the name of the US West NewVector Group, Inc., also known as US West
Cellular. Our office has been retained by US West Cellular to represent it in this matter, and
this Application has been signed by our firm, acting as its agent and attorney.
The Proposed Use.
We propose to install a cellular telephone antenna site on land owned by Mendota
Associates on which the Mendota Plaza shopping center is located. Mendota Plaza is located
at 750 Highway 110, which is at the intersection of State Highway 110 and State Highway 149
(also known as Dodd Road). The area is zoned B-4, Shopping Center District.
The proposed construction consists of a monopole one hundred (100) feet in height, to
which will mount directional antennas. This is to be locaterl directly adjacent to the existing
shopping center. The cellular equipment for this facility will be installed in a twelve (12) foot
by twenty-four (24) foot area in the basement of this shopping center. The installation will be
served by the access drive presenfly existing at the site. A site plan and elevations depicting
the proposed use accompanies this Application.
Mendota Heights Planning Commission
7anuary 2, 1996
Page 2
This site was selected after identifying a coverage area in which our customers have
experienced problems such as "dropped" calls and "cross talk" (as those problems are described
below in the section entitled "The Cellular Grid") and after analysis of four (4) other available
sites. A general description of this process, together with a listing of those other potential sites
and a statement as to why each was rejected, is set forth in the Memorandum dated December
20, 1995 from 7on Zirbel to Kent Sticha, a copy of which is attached to this letter for your
information.
Antennas
As noted above, the proposed cellular antennas will be mounted on the monopole. The
area in which cellular coverage is needed largely defines the required antenna height. Naturally,
topography also plays a role in arriving at the appropriate height, since cellular signals cannot
pass through the earth or around large objects. The engineering constraints of our cellular
system dictated the proposed locations and height of the cellular antennas to meet the cellulaz
coverage needs in this area of Mendota Heights.
Equipment Room
The equipment room that is proposed will house radio, computer and climate control
equipment for this site. A twelve (12) by twenty-four (24) foot area located in the basement of
the existing shopping center building will be remodeled for this purpose. The impact on the
existing structure will be minimal. '
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 occasional maintenance visits.
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 project as planned will be in compliance with the general requirements for the B-4
Zoning District, set forth in Sections 4.17 and 19.4 of the Mendota Heights Zoning Ordinance
(all references to Sections below refer to this Zoning Ordinance), to the extent they are
applicable. The monopole will be painted an eggshell color and will blend with the existing
structure as much as is possible. There will be no exposed mechanical equipment nor any
signage. The project will not encroach on the speciiieri set backs and requires no change in the
Mendota Heights Planning Commission
January 2, 1996
Page 3
existing grades or landscaping. Existing parking easily accommodates that needed for occasional
maintenance visits.
The Cellular Phone System.
Users of cellular telephone service include members of the business community as well
as the public sector. Commuters, doctors, builders, salespersons, business owners, and
executives all henefit by using cellular phones. Additionally, cellular telephones are used
extensively by fue, police and other public safety officials and departments. The system allows
police and others to conduct discreet communication in the field, and it enables direct
communication with individuals in need of assistance even when a traditional telephone is
unavailable. For these reasons, this proposed use constitutes an"essential service" under Section
3.2(40).
Cellular phone users can contact "911" to report accidents, fires, or other emergencies
without first having to search for a telephone. Mr. 7ames R. Beutelspacher, 9-1-1 Project
Manager for Minnesota, wrote that "the unimpeded growth of cellular service is an important
adjunct to 9-1-1 emergency reporting." A copy of his letter is attached for your information.
Cellular is a low-power system. The amount of energy generated from a single cellular
phone channel is typically about the same as a 100 watt light bulb. This is less energy than is
generated by the typical cordless telephone which is used in many homes today.
The Question of Interference.
The cellular mobile phone system operates on a specific set of channels set aside by the
Federal Communication Commission ("FCC"). The filtering of spurious signals is very tighfly
controlled. Cellular telephones operate within a strictly regulated set of allotted frequencies
between 835 and 897 megahertz. For example, US West Cellular is cunently operating over
700 cellular antennas around the country with no case of television or radio interference
reported.
All US West Cellular cell sites must be operated in accordance with our FCC license to
provide cellular service in this area. Mr. Albert S. Jarratt, Jr., Engineer in Charge of the St.
Paul Field Office, Field Operations Bureau of the FCC has confirmed in his letter to that the
FCC has received no complaints of interference by cellular phone transmissions with home
electronic entertainment equipment in the Twin Cites or, for that matter, in any of the five states
in which Mr. 7arratt's office has jurisdiction. A copy of his letter is enclosed for your
information.
Mendota Heights Planning Commission
7anuary 2, 1996
Page 4
The Cellular Grid.
Cellular service provides subscribers with highly portable phone service by developing
a grid of radio cells arranged in a geographically hexagonal pattern. Each "cell" is created by
an antenna which serves as the link between the customer and the system whi'_e t.he customer is
within that particular cell. As callers move from one cell to the next, their calls are switched,
or "handed off," to the next cell's antenna site.
Each cell can only handle a finite number of calls at any one time. As the number of
customers increases, the grid must be changed to handle the increasing number of calls. This
usually means that more cells need to be created within the same geographical area, resulting
in a new grid pattern of smaller cells.
One of the keys to cellular engineering is to take care to design each cell to be the proper
size. If a cell is too large, it will interfere with the operation of neighboring cells, and callers
will hear other conversations or "cross-talk. ° If a cell is too small, some areas between cells
will be left without any service and callers will not be able to use their phones. If a caller is
in a valley or if a hill lies between the caller and the cell's antenna, the area acts as if there is
no antenna at all. When topography comes into play, cellular telephone service can be both
difficult to provide and frustrating to use.
Cellular engineers now employ the use of directional antennas in an effort to
accommodate the topography. By increasing the elevation of the antennas and tilting the
antennas downward, the cellular signal is projected over the top of hills and down into valleys
without increasing the cell's overall size. Indeed, this technology will be employed at this
particular site.
The foregoing are some of the many factors involverl in the selection of a location for
a cell site. Taken together, all of these factors create a narrow search area for location of the
cell site. In this case, these factors combined to make it necessary to locate a cell site near the
intersection of State Highway 110 and State Highway 149/Dodd Road. It is also necessary to
utilize an antenna of the height specified (100 feet) in order to provide a cell of optimum size
for clear communication. Since there is no municipal antenna site within this search area, we
are not able to utilize any existing facilities.
The Conditional Use Permit.
Section 3.2(40) 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)
Mendota Heights Planning Commission
7anuary 2, 1996
Page 5
provides that "pernutted essential services shall be a permitted use ... in all zoning districts."
However, Section 18.6(3) states that "essential service structures" such as the proposed
monopole antenna are a conditional use of the land in the B-4 Zoning District. Furthermore,
Section 4.9(2)a also requires a Conditional Use Permit because part of the proposed essential
service s�vcture (the antenna tower) is more than fifty percent (50%) higher than the maximum
height permitted in the B-4 Zoning District (Section 18.8(2) provides that the maximum height
in the B-4 Zoning�District shall be the lesser of three [3] stories or thirty-five [35] feet).
As explained above, the proposed antenna tower will need to be higher than fifty-one and
one-half (51 1/2) feet high in order to satisfy the technical requirements for this antenna site,
so as to pernut this "essential service" to operate properly. We believe that this use will have
a minimal adverse impact on the neighboring land, while serving a public need which otherwise
cannot be addressed.
Conclusion.
This letter should serve to better explain of the purpose of this Application and to answer
some of your questions. If we can be of further assistance, please feel free to contact me at
330-3060. Naturally, we will be in attendance at your meeting to address any questions that you
may have. We appreciate the assistance that we have already received from the City Staff, and
we look forward to working with you to better serve the Mendota Heights azea.
Thank you for your consideration.
Sincerely,
HESSIAN, McKASY & SODERBERG, P.A.
/��lc - �
Marc L. Kruger
Enclosures
cc: Mr. Kent Sticha, US West Cellular (w/o enclosures)
93215-1 053020Q005900
� � f � ! � � �� � ! i i . %�
DATE: December 24, 1995
TO: Kent Sfiicha - Midwest Real-estate Managar
FRONI: Jon Zirbei RF Systems Engineer
RE: Mendota Heights Cellular Facility Site
The purpose af this memo is ta outiine U S West NewVector's objectives ar�d
requirements for the cellular facility site praposed�in {Vlerrdata Heights at the
intersectian af Mendota Rd and Dodd Rd. �
The major objectives of the site are to provide cellular coverage on Dodd Rd,
Mendata Rd, and Sunfish �ake area while not creating additianal interference
which will deg�ade system quality elsewhere. Please find attached a copy af
the map autlining the caverage objec#ive of the cei! site along with current
cef( site locations.
In determining the location far the celtular faci(ity, site-specific factors must
� be considered such as the terrain blocking, propensity of the site tc create
interference to the cellular system, rf attenuation through heavily wooded
areas, and diffraction and reflections from buildings and terrain.
The selection of this site is made with actuai drive test data that verifies
camputer propagation analyses. The data was campiled wtth the use of a
test antenna hoisted to the proposed height at the site. The current
proposed Iocation at Mendota Plaza, 750 Highway 1 10 was selected after
careful data co(lection and analysis.
The suggestad alternative sites were ar�alyzed as follaws.
1 j Sibley High Schoo)
aj Does not provide iine of site coverage to Dodd Rd
ba Suffers from rf a#tenuatior� through waoded areas
along ths propagation path to Dadd Rd
c) Creates increased interference to the system
d� An actual test antenna hoisted to the prc�per height was perforrned at
this bcatian.
2) City Fire Departmen�t
a} The location is toa ctose ta sxisting ca11 site an Mendota Heights
water tank which provides excessive overlapping coverage.
b} The location is toa far away from coverage abjective area which wiit
not imprave the coverage quality in the targeted area due to the signai
decay with the increased distance.
3} AT& T tower on Highway 13
a} The lacatian is tao far away from covarage objective area and waufd
no pravide any imprr�ved coverage in the targeted area.
4} Mendakota Go(f Course
a1 The lacatians on the praperty that would accammodate a cellular �
facifity are too far eway from the coverage objective area which wiil �
not improve the coverage quality in the targeted area due to the signa!
decay with the increased distance.
ff you have any questions, please call me at 595-5086.
Thank y�ru.
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tatcrTcchstologics F•1r• �c� Sanders
Grou� Repic.�s( General Adanag9r
U.S. West Caliviar
L'�pu$ Gatawfly, St�Ete dSQ
' � 9$00 6renn Rcad E�st
Minnetonka, Minnesota a��»3
m
Dear Mr. Sandefs:
I am wr�ng to th�nk you for rcwr conttnu� c�eraGon ln �rc:�ding the best possible 9-1•1 seNic�
to yc�,+r subscsi�rs and to ex�r�ss my s��;�rt for furtf;�r ��1ar growth.
As yc,: know, t�e pub�c s�sfif cos:�mcr^ tr bagan rece�vlr,a 9-1•1 emergenc� ca,lls from cellc;lar
ugers (ro�n the start of ceiiular s�rvice. � he 9-1-1 syster„ imp�aves the 3ev�l of pu��c s�faty
serolce b the c�mmun�y �y aibwing f�sfar an� easier er�argency r�ardn�. Ce�1uler s�rvScs
enhances ff�ai rzpablhiy by allawing 9-t•1 ca!!s irom ihe sc�ne� regasdtess of landifne ieie�hons
av�iia�i�ty. 1t provlcies the c��ociunity f�r ca-�t�-spvt emer�ency te�ortlnq.
Ycwr e#fvst to help route cellu(ar 9•t-1 �,Is to the proper pua�:c saiefy answer�ng pint end ac��isa
your subscrlbsrs ebovt 9-1-1 availabt�ly h�s been a sfgniiicar.i heip ta public safety. in �985, tF�e
Caiden �lalCey State Patrol �ispatch eenter �nswered a�art?,��3 caiiular 9-t-1 calts per manth. This
year, we!( over 2.t�4{} cails � month are rsspondsd ta. Th�f 1r�c;eas� icwicates �ath your s��cc�ess
(n selGng celtu!&� tele�hor�es, and yaut help fn �ducatin� yc�r subscribers aba�f 9-1-i• h`.anY of
Ehose 2-1-1 �alls repoRed emergendes lccated eway fcnm qr,ventlonal telephanes, �o ca(fuiar
saved prsdovs tirns. ihe mabliity of ceifvt�r servica coaiY:�ements fhe unlver�a��y of t►�e 9-1-t
system ,� pravitia a reai benefit to the �r�rmur,ity.
It has t�en a pieasure working .vith yau to bdng fhe 6sne#ita of 9-i-1 and calluiar a�rvlce to the
commLnitios of h{Innesota. NGinneso�a i3 proud oi aur acc�.^���shment ot statewlde 9-1-1. Your
efforls al eventUai sfate�r�ide cefiul�r seNic� (a �ppceclated and encauraged. 7he unim�ede�
grcwth of csilular service is an Importsnt ecvnct ko 9•1•4 er:ergency reparfing. 1�"le loQk forward
to fucth�r ja1nC eiforis to provide this secvic� to more t�tinn���tars.
S rp
.� .
.lame� R. 0r��tols�act�o�
S!u!o 2•1•1 f'rojaci Mans�p�r
0uolnn�; Tochn�w�!os Oivf'Irit
— ' " ; � . �;�" - �v�;� ; ?.;?{.ip�'5,;,� �'.,�"n�+"_,��tiMl.°'4'.'i�,''i:. .p �
� . . .. i� �ir: `}:':"x.�». raY%�i��r:.�.'L� . ..t�YY .`.. .
y . . . .. -. . . . � R "7�' , � .
FEDERA�. COMMUiNi�ATiC�NS COMMiSSiOtV � '
Ti,�ochy G. Halloy
D ah?g: een Shard la�r and
3pa Firs t Avenue North
Sait� 210 '
Mi.naeapolis , MN 55�01
Dea: M�. M�17.ay:
F1E1.0 OPERATIQNS 8UA'EAU
OcCaber 13, I°90
Ub arz Inc .
�
.�aawcss wcrc.r To �
643 Federa L BuiLiing
3Ic ;i. Robert StreeC
Sc. °sul. KN SS101
.w
I a� writizzg izz response to pour uzquir� regarding FCC �a :ztori�zg of cellu-
lar phone operatiaas aad the incidetsce of reports ar ca�a?sints oE iuter-
fereuce w i�h home electrots� entercainment equ:.pment.
The 5t. Paul Fiela Office, Eield Operations Bureau (FOB) :s Che Buresu of
the Federal Com�uzicatiaAs Ccammissioa �hz.c:� is respoAs�le far insuriag
conoliauce u ith mos t of the techizial rul.es t:�at the Go� ss:�n adm�aisCers,
We also provide a vari.ety of services a�d special. as;isCance to FCC
liceasees and Co the gub Iic . Generally, i� there is a co�?aint regardiag a
televisiau, radio ar ather FCC I.iceased braadcasting enti_p isz this regiAn,
it vould be registered with aur office. Tne jurisdictioa of the St. Pae�1
Fie�d Office covers a11 of MiarnesoCa and North Dakota and porCions of South
Dakota, Wisconsin. and Mi.chigan. ComplainCs can be registerzd aith us either
by telephone or by ariting our offi�e at the above address. '
We �ave received aa complainCa of interfereace c+zth home e?ectroaic enter-
tai.nment equipment in the Tcrin City ares or anyvhere withia the jurisdi�tioa
of our office as a�result of cellular phoae transmissiaas. This is not
surprising since the frequenciea on which the ceLlular syste� is licensed Co
operate are located in the ul.tra high frequer�cq (UHF) bacd vhich is signi-
ficantly higher thaa rad io and Celevi.sion fre�uencies. There are relativelq
fea ather chanr�els� in this frequency rsn�e uhich broadcast programming
zntended for the general gublic.
I hope th.is aacreza .yacsr questions.
contacC me at (6!2) 244-3819.
S incerely,
��� r ,
G�
Atb�r� . Ju�raCt, Jr.
ingineec In Cha�ge
Ptttif;j,
If you need any further information
T
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_ , • CiTY C1F MENDOTA HElGHTS
'� MEMO
i •
r.:x ' .
.. ' . � M ' 'r r
� :� January 18, 1996 �
� _'.; _.. : � ` • � , � _ ._
T�: Ptanning Commission
FROM: James E. Danielson, Public Works Dire t
� � .. . . p ' �. . • . ` A Y
SUBJECT: Request.for Propasats - Planning Gonsuttant Services -'"' �
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ln;August the City`s Ptanning Consuttant, Mr. John Uban; of Dahtgren; -�
Shardlow and Uban, submitted ihe attached request for a new service contract.
Council, upon reviewing the request, determined that they woutd use th'rs as an
oppartunity ta °test the market° in lieu of simply agreeing to a new Ptanning � 3
Service Contract with D$U. � Because the Ptanning Commission is the City's bady �
that works most closely with the �Planner, the City Gouncil fias asked ttie Ptanning R
Commission to be invotved in reviewing and approving� the Request for Proposats
(RFP}. Attached is a proposed RFP for tt�e Planning Commission #o review and
approve.
, . . . . ,, -
ACTlON REQUtRED ' . �
, ,
;. Review the attached RFP, suggest any desired changes, and give`guidance
on any firms to be included in the process. Some firms that staff currently feei
would be appropriate to ceceive RFPs are: DSU, NAC, BRW, Barton-Aschman and
McCombs, Frank, Raos Associates. The Planning Commission should also identify
two Commissioners who would be interested in being invotved in the finai
sefiection process. � -_, �, f . .. • � �. � � .. .`
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CITY OF MENDOTA HEIGHTS �����
REQUEST FOR PROPOSALS
MUNICIPAL PLANNING SERVICES
I. Puroose
The City of Mendota Heights is requesting from selected land planning firms
proposals to provide general and specialized land planning services from
April 1, 1996 to April 1, 1998.
il. Background
The City of Mendota Heights is organized under Minnesota Statute 412 as a
"Plan A" Municipai Corporation. The Mayor and four Councilmembers are
elected at large on a non-partisan basis for overlapping terms.
Administrative responsibilities are carried out by the City Administrator v►rho
manages and directs the activities of the City Staff.
The City employs approximately 40 full time employees, along with several
part time and seasonal personnel. The current operating� budget is �.
approximately 53.2 million. City functions include administration, police,
votunteer fire, engineering, streets, parks and utilities. An Organizational
� Chart is attached as Exhibit A.
The planning functions within the City of Mendota Heights are currently
handled through a combination of in-house staffing and outside consultant
services. Employees devoting part-time to the processing of planning cases
include: Administrative lntern, Pubtic Works Director, and Senior Secretary.
The City Council has appointed a seven-member Planning Commission to
help advise it on planning-related matters. The Administrative Intern and
Public Works Director are responsible for handling initial resident contact on
planning issues, via telephone and visits to City Hall. The Senior Secretary
is responsible for handling publication and mailed notice requirements for
planning cases, and also records and prepares minutes from each Planning
Commission meeting.
III. Planning Case Load Characteristics �
To assist the recipients of this RFP in preparing their proposal, ttie following
historical planning case load data is provided.
��
CITY OF MENDOTA HEIGHTS
PLANNING SERVICES RFP
January 16, 1996
Page 2
During 1994, the following land use planning issues were considered by the
City:
41 Planning Applications
3 Critical Area Variances (Reviewed by Planning Commission
� and City Council)
3 Critical Area Reviews (Council Only)
2 Building Permit Reviews (Council Onlyj
1 Temporary Variance Extension (Council Only)
1 Fve Year CUP Extension (Council Only)
More specifically, the land use planning issued considered consisted of
reques�s for:
23
7
5
2
0
1
0
6
1
0
Variance Considerations
Wetland Permit Reviews
Conditional Use Permit Considerations
Rezoning Considerations
Comprehensive Plan Requests
Zoning Ordinance Amendment Request
PUD Amendment Considerations
Critical Area Reviews including Variances
CUP for PUD Consideration
Minor Comprehensive Plan Amendments
Plats Considered
Building Permits Authorized
Ivy Keep North BDS, Inc. (office/warehouse)
Opp Addition General Pump, Inc. (office/warehouse)
BDS Addition Tharaldson Development (hotel)
Tuminelly's Carmen Court PrimeNet Data Systems (office/warehouse)
Mendota Hts. Business Park 5th Add. Northland Insurance Phase II (offi�e) �
;�:f
The above stated statistics are intended for historical reference only. For purposes
of preparing a response to this RFP, the statistics should not be interpreted as a
guarantee of future case load activity. Summaries of planning case histories are
attached. -
j ,... r �,. �
� C � :��y,t �' �
CITY OF MENDOTA HEIGHTS
PLANNING SERVICES RFP
January 16, 1996
Page 3
IV. Scope of Required Services
1. OFFICE HOURS
The designated lead land use planning consultant will hold office
hours at Mendota Heights City Hall on a bi-weekly basis, up to 28
times per year. The purpose of these bi-weekly office hours it to
discuss City planning issues, to provide pre-application instructions to
potential planning applicants, and to provide general interpretation of
the zoning ordinance. Office hours will normally be conducted on
Monday afternoons, unless there is a Holiday, from 1:00 o'clock p.m.
until 4:30 p.m., as per a schedule to be determined by the City on an
annual basis. Appointments for these office hours are made by City
Staff.
2. PLANNING COMMISSION MEETINGS
The designated lead land use planning consultant will attend one (1)
Planning Commission per month as scheduled by the City. The
regular meeting of the Planning Commission is held on the fourth
Tuesday evening of each month, beginnirig at 7:30 p.m.
3. PLANNER REPORTS
The designated lead land use planning consultant will prepare first
time written planning reports for all planning applications, critical area
reports and other reports that are to appear before the Planning
Commission. When additional reports are required, the Planner will
be compensated on a cost plus materials basis based upon an
approved rate schedule, as requested in Section VI, Compensation.
Site visits are required to be conducted for each first time written
planning report. The City will provide background information and all
application materials to the Planner on upcoming planning �pplications
no later and fourteen (14) days prior to the Planning Comr�`nission
meeting. Planner will provide a draft planning report no later than
seven (7) days prior to the scheduled Planning Commission meeting.
Final reports are to�be provided no later than six (6) days prior to the
scheduled Planning Commission meeting. Twenty (20) copies of the
report will be provided on original letterhead of the Planning firm, to
;��� ��� �' "
CITY OF MENDOTA HEIGHTS
PLANNING SERVICES RFP
January 16, 1996
Page 4
be signed by the lead planning consultant.
4. PHONE LIAISON
The designated lead planning consultant will conduct telephone liaison
with City Staff and officials during normal business hours.
5. ADDITIONAL SERVICES.
The designated lead planning consultant will provide additional
professional services on a cost-plus-materials basis when requested
by the City, including special tasks, attendance at special meetings
and site visits. Additional services will be compensated on a cost-
plus-materials basis, as per an approved rate schedule, as requested
in Section VI, Compensation.
V. Instructions to Applicants
If your firm is interested in providing land use planning services to the City
of Mendota Heights, the City requests that you submit the fallowing
information: � �
1. The name and location of your firm and location of head offices, if
different.
2. The number of years in operation at the Twin Cities location, and at
head offices, if different.
3. A brief (less than two pages) description of the firm and the type of
work that it does. The City of Mendota Heights is especially
interested in prior municipal experience, preferably in the area of
providing general land planning services.
�
4. Identify the person who would serve as primary contact and lead land
use planner in providing the City with land use planning services. If
more than one person is anticipated to assist in carrying out these
duties, they too should be identified. Short (less than two pages)
resumes of those involved should be attached and should clearly
identify qualifications to perform the intended duties and should list
the following: .
a�^�•` 5
1+k �.y i
0
CITY OF MENDOTA HEIGHTS
PLANNtNG SERVICES RFP
January 16, 1996
Page 5
a. Education.
b. Years of experience performing municipal land use
pianning work on behatf of pubfiic employers.
c. Years of experience performing municipal land use
ptanning work on behatf of private emp[oyers.
d. Other areas of expertise,
e. Verify that your firm and its members have no conftict of
interest which woutd impair your abitity to provide to the
City ofi Mendota Heights fair and unbiased fand use
planning services. !f unable to provide such verification,
piease iist any and ail circumstances which may
represent such conflict of intere5t.
f. Compieted copy of Exhibit C.
5. Sample planning reports that address local land use planning applications.
VI. Compensation
Compensatian from the City of Mendata Heights to the firm selected to
pravide land use planni�g services wilt be stated in terms of a monthly
retainer plus reimbursable expenses. The monthly retainer fee is intended to
include all consuttant staff time �ecessary #a perform the required land use
plan�ing services detailed in Section IV above. The cost of reimbursable
supplies, mileage, etc. sFiaq be itemized on a per unit basis in the proposai.
A rate schedule shall be provided that lists all members of the firm and their
bitiing rate for work that would be performed on a cost pius-materiais basis
for special projects or.requested additional services. Your proposal must
include a#ulty completed copy of Exhibit G- Proposat for Land Use Planning
Services.
Vtl. Schedule
In selacting a land use planning �rm. the City of Mendota Height��
anticipates the fotlowing schedute:
., :,
February 14, 1996 - Response Deadline �For Proposals
February 2C?-March 1,1996 - Council Review of Proposals and
Applicant Interviews '
March 5, 1996 - Tenia�ive Council Decision Date
,March fi-14, 1996 - Development af Cantract �
� �"�:, �� .� �
CITY OF MENDOTA HEIGHTS
PLANNING SERVICES RFP
January 16, 1996
Page 6
March 14 -30, 1996 -
April 1, 1996 -
VIII. Evaluation and Selection
Pianning Firm Orientation/Transition
Consultant Begins Work
Evaluation and selection of a firm to provide land use planning services to
the City of Mendota Heights will be based on the following:
A. Evaluation Criteria
�
1. Qualifications of firm and land use planner who will serve
the City of Mendota Heights:
* Skill and ability of assigned personnel.
*' Applicable experience with municipal land use
planning caseload at the local government level.
* Knowledge of all Minnesota laws and regulations
related to land use planning, zoning,
comprehensive planning, etc.
2. Costs:
'� Reasonableness of monthly cost and other
expenses.
3. Other Factors Including:
* Demonstrated knowledge of the City of Mendota
Heights and its development characteristics.
*' Availability and location of assigned personnel.
� Ability to communicate and overall capability of
personnel.
* Conformity of proposal with RFP. � �
:,,
Procedure
Responses will be reviewed and evaluated by the Mendota
Heights City Council. The top firm or firms may be interviewed
by a sub committee of the City Council after the initial
evaluation has been completed. All candidates will be notified
�:;��' ;� ,1�=`a �:�� �
CITY OF MENDOTA HEIGHTS
PLA.NNlNG SERVtCES RFP
January 16, 1996
Page 7
by mail as the selection process progresses,
IX. City Contact and Submission Deadline
Proposals must be received by 12:00 noon on Friday, , 1996.
Seven {7) capies of #he praposat should be sent or defivered to: Kevin
Batchelder, Interim City Administrator, City of Mendota Heights, 1101
Victoria Curve, Mendo#a Heights, MN 551 i 8. See E�chibit C for more
detaits. �
�
�
EXHIBIT C
CITY OF MENDOTA HEIGHTS
PROPOSAL FOR MUNlCIPAL LA,ND USE PLANNING SERVlCES
Name of Firm
Address
Contact Person
• • . ��i*ti�• _
Fax Number
t have fulty read and understand the request for proposals issued by the City
of Mendota Neights for municipai tand use pianning services and her�by propose
to provide such services to the City from April 1, 1996 to April 1, 199$ at a
monthty retainer cost of $ . . I further understand direct related
expenses are eligibte for reimbursement by the City, and I have attached an
itemized listing of �anticipated expenses stating the per unit cost of each. ! have
also attached a list of each member of the firm and their billing rates.
Furthermore, I have attached a copy of al! items specifically enumerated in
Section��/. of #he RFP - lnstructions to Applicants.
Submitted fior consideration by the City Council of the City of Mendota
Heights th�s day of , 199fi.
Signature
Titie j�_
;;r
Note: This proposal and required attachments must be received by the City of
Mendota Heights no iater than 12:04 noon on Friday, , 1996. _
Seven (7� copies of the praposal shauld be sent or delivered to: Kevin
Batcheider, tnterim City Administratar, City of Mendota Heightsr 17 01
Victoria Curve, Mendota Heights, MN 55118. .
�'�.� `� ��
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L.A�til.l�t':i!'C Ai2t:li; i i:�', .
.illll Fll:ti`t' !ti'C:Nl1C• iai�l: i'f{
SUITE ? i{1
MIf`'NEAI'C)L1S, M,ti 5�.��II
Ci12•.� iy- i i111)
AttgLtSt �i, �}}�
Mr. Tom Lawetl, City Administrator
City of Mendota Heights
110i vctoria G`cuve
Mendota Heights, MN 55118
Subject: Professional City Planning Service Contract
Dear Tom:
We have discussed in #he past the need for a Professional Senrice Agreement with the City of
Mendota Heights. Several years ago we found out that no offitcial agreernent e�aisted to clearly
define our overall scope of services. We have been operating with the general understanding that
DSU provides written reports for all first-tune planning applications before the Planning
Com�rnission, attends twa {2) offce hours afternoons ger month, and attends eacl� manthty
Planning Commission meeting.
In reviewing the past records, we had last increased the monthiy retainer in 198'7 to $1,408 per
month. That is stitl the current monthly retainer, and we have obviously incurced the pressures af
inflaiion during that time period; and even with my best efforts to streamline and make the
processes as efficient as possible, I am finding that our cosis are much higher than the monttily
retainer. .I believe there are ways to clarify our services ta help the City maintain a high level of
planning assistance while keeping the monthly retainer at a reasanable Ievel far the City of
Mendota Heights.
The first option that comes ta mind is certainly to have ane of our other highly qualified and
e�erienced City Planners take over the work for Mendota �Ieights which would reduce #Ize
hourly costs. Our understanding is that the City ofMendata Heights wants a Principal of the firm
to do all the work and attend all the meetings, so I believe that op�ion is not one the�ity wishes
to entertain. The best aption to keeping planning service costs at a modest level wauld be to
differen�iate between the types of applications that are being reviewed so tbat deveiopers and
businesses directly compensate the City for the cost of the planning review while single family
homeowners wha have applications befare the City woutd not bear any additional raview casts far _-
their particular request. .
�
Mr. Tom La.wetl
August 2, 1995
Page 2
The City has the autharity to require escrow amounts for review by develapers and cammercial
applications. This can be used to pay for pianning services as addi#ional casts to the rnonthty .
retainer. The other item that will be helpful is to give the City more choices in a menu style for
ihe kinds ofservices they need sa that you may cantrol yaur budget by choosing diff'erent teveis
or options of services.
My target 1eve1 of services for the basic contract would be for two (2) office hours afternoans per
month, one (1} Planning Caznmission Meeting per month, and wntten planning reparts on Citizen
Applicatians. To make our services as efficient as possible will entail about 16 hours per month
ofPrincipai time and approximatety 4 hours afsupport stafftime to provide that 2evel of service.
This we can provide for a cost of �1,850 per month plus reimbursable eacpenses.
I have included a proposed Service Contract which outlines basic services and additional services
to be considered for this requested retainer increase. Our choice of services witt give the City
flexibility to provide a strong planning program, with up-to-date planning tools, while responding
to future planning issues.
The contract is submitted ta you in "draft" form so that we may be able to amend any elements
that you ma.p need clarified prior ta execution.
Once again, Tom, thank you for spending this time reviewing the praposed Contract. Although it
has been a long time since this issue has been addressed with the City, we should' at this time
review ihe best way we can serve Mendota Heights.
I hope ta hear from you soon.
Sincerely,
DAHLGREN, SHARDLO''fJt�, AND UBAiY, INC.
. ��
C. John Uban
Principal
�
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Enclosures: Service Cantract
City Planning Time Table
�
CC)NStii.TihC; ('L1�:vERS
LA�'DS("AI'E AI:CHITGC:'TS
.3{ItI FeRS']' AVL•I�iJ�. E�()k'i"i!
SUITE 21t1
I�1lIVNEAPULIS, Mfv ii•I(1!
l,12 •3.39•:i.3ll(}
August 4, 1995 f � � � � �
tu�� Enl
Mayor and City Council
City of IVlendota Heights
1101 �ctoria Curve
Mendota fIeights, MN 55 i 18
Attn: Tom Lawell, Cit� Administrator
CONTRA.CT F4R PRO�'ESSIOl�IAL PItANNIl�TG SERVICES
AGR�E:MENT entered into today by and between TF� CITY OF I��IENDOTA HEIGHTS,
hereinafter sometimes referred ta as the MU.IVICIPALITY, and DAHLGREN, SHAR.DLOW,
AND UBAN, INC., hereinafter sametimes called PLANNER, relating to the employment of the
PLANNER as follows:
ARTICLE 1. AREA OF SERVICE
That the 1VILUNIGIPALITY does hereby employ the PLANNER to render professional planning
services in and for the City af Mendota Heights, M'.tnnesota, to the exteni and kind defined in
Article 2 below,
ARTICLE 2. SERVICES OF T'�IE PLANNER
The PLANNER hereby agrees ta render the professional services as follows:
A Attend ane (1) Planning Commission meeting per month as regularly scheduled by the
MiJNICIPALI'TY.
B. Conduct office haurs twa {2} afternoans per month at City Hail. Appointm�nts slialt be
made by City Staffpersonnel during the hours between 1:30 p.m. and 4:30 �p.m. for the
purpase af gurding applicants in the preparation and pracessing of land use changes,
comprehensive plan changes, rezonings, conditional use germits, variances, preliminary
ptats, planned unit devetopments, wettand pernuts, and criticai area perniits.
Gity of Mendota Heights Coniract August 2,1995 Page 2
C. Prepara�ron of first time written reports of citizen-based applications befare the Planning
Cammission, Additional reports and reports involving commercial and development
review i.e. plats, P.U.D.'s, comprehensive ptan changes, rezonings, cammerciat plans, and
signs, etc. shaU be processed by the MCJNICII'ALITY as addrtional planning services
where the MU?�IICTPALTFY witl require the appiicant to provide escraw fee to cover #he
PLANNERS' costs.
D. Conduct liaisan with City Staffvia phone during normal business hours.
E. Prepare for Planning Commission review a yearly planning agenda for special issues to be
inctuded in the PIanning Comnussion's yearly work pragram.
F. The PLASdI�I�:R �+�lt be availabte for special tasks ar attendance at additianai mee�ings at
standard billing rates accarding to the attached Standard Rate Schedule. Office hours of a
duration greater than the 2:30 p.m. - 4:30 p.m. afternaon time periad wiil be payahte at
the standard billing rate.
ARTICLE 3. ADDITIONA'L PLANNTNG SERVTCES
The FLANNER hereby agrees ta render the professional services on a cost-plus-materials basis
when requested by #he MUNICIPALITY.
A. Special tasks as requested by City Staff andlor the Pianning Commission in the normal
process of the day-ta-day planning activities of the Planning Commussion. These may
inctude City requested rezanings� and comprehensive ptan changes, as weti as new
ordinances and City process documentation and review manuals. Also, studies of highway
corridors and p2aniung areas as well as speciai issues such as natural resource based
planning and environmental issues as may be requested by the MUNICIPALITY.
B. Updating the MLUNICII'ALITY'S comprehensive plan, including workshops and
neighborhood rneetings.
C. Geagraphical Information Services (GIS), including City mapping and pla.nning report
area maps as may be requested by the 14�1JNICIPALITY.
D. Site visits when outside of narmal affice hours, additional plantung review reparts for the
Planning Commission, and Iate arriving or rush planning reports. �
E. Planning reports invalving commerci�ndustrial applicants and/or plats inclading
rezanings and other rec�uests by commercial and develapment apglicants. It is understaad
the MIJNICIPALITY will use their authority to escrow iunds for this additional review.
L�ity af Mendata �Ieighis Contcact August 2,1995 Page 3
ARTICLE 4. SERVICES OF T� 14�I:JNICIPALTiY
The h�1JI�IICIPALIT'� hereby agrees to furnish to or make avaitable for examination or uss by the
PLANNER, without charge, the following:
A All material and dacuments applicable to pertinent Planning Commission agenda items.
Such materiat and documents slzall be submitted to the PLAri��tER no less than fourteen
(1�4) days priar to any meeting at which time they are to be considered.
B. Materials and documents, as determined by the Planner and the City Administrator, that
are necessary far the services to be perfornted. This witt inctude updated sectian maps,
aerial maps, and digital GIS based information furnished by the Caunty and others, as well
as historicai documents pertinem to pianning review.
ARZZCLE �. PA�'I.V�NT
The Cast af Ssrvices dascribed in Article 2, A through E shaii be at the rate af One Thousand
Eight Hundred Fifly I7ollars ($1,850.OQ) retainer per manth, payable within thiriy (3Q� days of
receipt of statements following the month in which services are perfarmed. Reimbursable
expenses will be in additian to the retainer. A late fee of 1% per month will be added for payment
after 30 days. The monthly retainer will increase by S% for each year of service after
September 1, 1995.
Charges for services performed under Article 2, paragraph F{]UIUNICIPALTTY requested) shall
be billed in the same manner at rates in accordance with the attached Standard Rate Schedule,
except that the services shatl not exceed One Hundred Dollars (�100.00� per hour unless expert
testimany is involved.
AR.TICLE 6. ADDITIONAL SERVICES PAYMENT
Additional Services shall be payable according to the Standard Rate Schedule and written
estimates may be requested by the MLINICIPALITY priar to autharizing aciditianal work.
AR.TICLE 7. OTHER PARTIES
A Has mutually agreed that this Agreement is not transferrable by eiiher party to a third
party without the written consent of the other.
B. The PLANN]ER'S reports and other materials prepared in the perfarmance;�fthis
Agreement are instruments af service fc�r the MCJ]'�IICIl'ALTTY and shall be the property
of the MUIVICIPALITY, except original copies af same which shall be the properry of the
PLASSNER.
Cify of Mendota Heighfs Contract August 2, i995 Page 4
ARTICLE 8. TERMCNATION
A This Agreement may be terminated at any tiine by either party upon thirty (30) days
written notice, The PLAS��TER shail be compensated for aII wark campleted and
materials expended upon the date of ternunation by the MiJNICIPALITY.
B. This Agreement, unless previously terminated, by written notice, shall expire an
Septem6er 1, 1999 at which time, or priar ta that tiine, may be renewed, amended, ar
canceled at the optian of either party.
C. This Agreement shall be in effect as ofSeptember 1, 1995 , and the services performed
during that period shall be charged accardingiy.
i•:� • :�•� +� i :• �
3ahn W. Shardlaw, President
C. 7ahn U6an, CEO
CITY OF IYiENDOTA HETGHTS, MINI�IESOTA
Tom Lawell, City Administrator
Mayor, Chuck Mertensotto
Attachment. Standard Rate Schedule
Date
Date
Date
Date
♦ � «
STANDARD RATE SCHEDULE
DAI�GREN, SHA'IZDL4W, AND UBAN, II�IG.
�taf�Member
Principal
Senior Consctltant
GIS Specialist
GIS Analyst
Seniar Planner
Pianner
Landscape Architect
CADD Specialist
Researcher
Draftsp erson/D esigner
Secretary "
Outside Consultants �
Supplies
Expenses
1Vfileage
Expert Testimony
Speciat Counsel Haward Dahlgren
Public Presentations
Past Due Accounts
�
�
$ I00.40 to $125.00
�so.aa to �n.oa
�so.00 �o �ga.00
$45.00 to $60.04
$sa.oa to $�s.aa
$35.00 to $50.00
$45.00 to �75.Qp
$45,p0 to $50.00
$35.Q0 to $SO.QO
$25.Q0 to $50.00
$30,00 to $45.00
Cast
Cost Plus 15%
Cost Plus 15%
$0,30 Per Ntle
Two Times Hourly Rate
{t}ne-Ha1f Day Rriinimum)
$200.00
4ne and {�e-�Ialf Times
��' Hourly Rate
1.5% Per Month
October l, I994
2
WEEK 1
Id
TUEbDAX
WEEK 2
Li
1iTl�AY
WEEK 3 �� �
t
SrJ ir1 �N M Ir
T�7F.SDAY �VF.UNEBDAY TflUABDAY lA171ItDAY TRlSDAY
(60 Da�' Adddioml Reriev�
Moathiy PIanniag Application T'une Table
�... � - �.�._ �
City af Mendota Height�,l4�innesota � �����j�
�
�
CITY OF MENDOTA HEIGHTS
TI �
January 31, 1996 -�
{ /%�g3
TO: Ma or Ci Council and Interim Ci Ai�'�mm�' rator
Y � tY tY
FROM: Patrick C. Hollister, Administrative Intern �"-/fi'
SUBJECT: Zoning Ordinance Revision for
Motor Fuel Stations and Bank Drive-In Windows
Motor Fuel Stations
Discussion
Motor fuel sta.tions and motor fuel station convenience stores have always been permitted
as conditional uses in B-2 zones in Mendota Heights. All of our cunently existing motor
fuel stations and motor fuel station convenience stores lie in B-2 zones. During a
recodification of the City Zoning Ordinance in the early 1970s, however, these uses were
inadvertently omitted from published copies of the Zoning Ordinance. Although Staff has
since conected this error in the most recent edition of the Zoning Ordinance, some
members of the community still possess and refer to copies of earlier erroneous additions.
There is cunently a proposal before the Planning Commission from SuperAmerica to build
a motor fuel station convenience store in a B-3 zone. The Planning Commission
expressed the desire to have this discrepancy between various editions of the Zoning
Ordinance resolved by the Council before proceeding further with the application.
Recommendation
In order to avoid any legal problems resulting from discrepancies in various editions, Staff
recommends that the Council pass the attached Ordinance officially restoring motor fuel
stations and motor fuel staxion convenience stores as conditional uses in the B-2 zone.
(All Conditional Uses in the B-2 Zone are by definition also Conditional Uses in the B-3
Zone.)
Bank Drive-In Windows
Discussion
The Zoning Ordinance for the City of Mendota Heights does not currently allow banks to
have drive-in windows. This provision was written at a time when many banks did not
have such features. But now it is rare to see a bank without one, and the only existing
bank in Mendota Heights has one.
Recommendation
Staff recommends passage of the attached Ordinance amending the Zoning Ordinance to
allow drive-in facilities on banks.
Action Repuired
Order a Public Hearing to discuss the attached Ordinance amending the Zoning Ordinance
to allow motor fuel stations and motor fuel convenience stores in the B-2 zone and to
allow drive-in facilities at banks.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY.�IINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota Heights does hereby ordain as follows:
SECTION 1 Ordinance No. 401 known and refened to as "Mendota Heights
Zoning Ordinance" is hereby amended in the following respects:
Section 16.2(7) should be restored to those uses listed as Conditional Uses in Section
16.2 of the B-2 District to read as follows:
16.2(7) Motor fuel stations and motor fuel station convenience stores, subject to
the provisions of Section 21.2
Section 16.1(6) is hereby amended in its entirety so that as amended it shall read as
follows:
16.1(6)
SECTION 2
Banks and banking institutions.
This Ordinance shall be in full force and effect from after its
publication according to law.
Enacted and ordained into an Ordinance this Fifth day of March, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
CITY OF MENDOTA HEIGHTS
MEMO
January 29, 1996
�
TO: Mayor, City Council and Interim City A�i or
FROM: Patrick C. Hollister, Administrative Intern ��i
SUBJECT: Dakota County HRA
Case 96-04
Discussion
The Dakota County Housing Redevelopment Authority has proposed building a Senior
Housing facility in Mendota Heights on land that is currently zoned B-1, B-4, R-1, and
R-lA.
In order to facilitate the construction of the Dakota County HRA Senior Housing facility,
it would be helpful to amend the Zoning Ordinance. The four separate zones on this
pazcel of land should be rezoned to R-3 and then senior housing facilities should be added
as a conditional use of the R-3 zone.
As of August 1, 1995, Cities within the Metropolitan Area are prohibited from adopting
any zoning regulation or other provision that is in conflict with their Comprehensive
Plan. Thus in order to amend our Zoning Ordinance, the City will also have to amend its
Comprehensive Plan and have this amendment approved by the Metropolitan Council.
Kari Gill and Jay Nelson, on .behalf of the Dakota. County HRA, appeared before the
Planning Commission at their January 23, 1996 meeting to discuss the Senior Housing
Project. The Dakota County HRA plans to conshuct a total of ten Senior Housing
projects within Dakota. County, 7 of which are already completed. Ms. Gill explained
that the senior population is growing within Mendota Heights, and so there is a need for
this type of housing in the City.
Mr. Nelson said that the site was blessed with good views, and that in the plans for the
housing project he tried to be sensitive to the needs of the Mall, the Bank, and tl� Single-
Family Housing nearby. •
.,
The Planning Commission had the following concerns about the project:
• Options for providing some sort of guarantee that the use will remain exclusively for
Senior Housing in perpetuity.
• Clarification of the issue of ownership of that piece of the site claimed by the Nature
Center.
• A reduction of the potentiallight spillage onto neazby properties through either
lowering the light poles or decreasing the intensity of light on the site.
• Softening the curves on the trail and addressing paving the trail all the way to
Friendly Hills.
• Discussion of the potential for rotating the building 90 degrees.
• Identification of the number, type, and size of trees to be removed from the site.
• Discussion of the possibility of creating a two-story building on the site with only the
40 "subsidized" units and without the 25 "market rate" units.
The Planning Commission voted 7-0 to continue the public hearing to the next Planning
Commission meeting on February 27, 1996 to allow time for the HR.A to address these
concems.
In addition the Planning Commission feels that the appropriate Zoning Ordinance
amendments providing for Senior Housing need to be addressed.
Recommendation
The Planning Commission recommends that the Council order a Public Hearing to be
conducted by the Planning Commission at their February 27, 1996 meeting to consider
enacting the attached Ordinances. These Ordinances will amend the Zoning Ordinance
contingent upon the Metropolitan Council's approval of the appropriate Comprehensive
Plan amendment.
Based on this recommendation, Staff has attached a proposed Ordinance Amendment to
address Senior Housing in the R-3 zone for City Council to review. This propo�ed
Ordinance Axnendment defines Senior Housing and addresses those areas where Senior
Housing would be allowed exemptions from the strict application of the existing R-3
codes. Also attached is a proposed Rezoning Ordinance.
Action Required
If the Council desires to implement the recommendation of the Planning Commission,
they should pass a motion to initiate an Ordinance Amendment and order a Public
Hearing. The Council should consider the draft Ordinances and provide the Planning
Commission with any direction the City Council feels appropriate.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, NIINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota Heights does hereby orda.in as follows:
SECTION 1 Ordinance No. 401 known and referred to as "Mendota Heights
Zoning Ordinance" is hereby amended in the following respects:
Section 12.2('n is hereby amended in its entirety so that as amended it shall read as
follows:
12.2(7) Senior Housing. The following design standards may be reduced at the
discretion of the Council if common area facilities and underground parking aze provided:
1. Lot area: 50 percent of requirement in Section 12.4(4)
2. Pazking: 50 percent of requirement in Section 12.5(1)
3. Unit size: 80 percent of requirement for one and two bedroom units in Section
12.4(3). Three bedroom units aze not allowed in Senior Housing.
4. Storage: 60 percent of the requixement in Section 12.7(7)
Section 12.2(8) is hereby added to read as follows:
12.2(8) Those uses listed and as regulated in Section 7.2
The following Definition shall be added to Section 3.2
Senior Housin�: Housing designed and operated exclusively for people 55 years of age
and older and their spouses.
SECTION 2 This Ordinance shall be in full force and effect from after its
publication according to law.
Enacted and ordained into an Ordinance this Fifth day of March, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS''
By
Charles E. Mertensotto, Mayor
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MWNESUTA
ORI}INANCE NO.
AN ORDIN.ANCE AMENDING ORDINANCE NO. 4Q1
The City Council ofthe City of Mendota Heights daes hereby ordain as follows:
�,�CT�ON 1 Ordinance No. 401 known and refened to as"Mendota Heights
Zoning tJrdinance" is hereby amended in the foilowing respec#s.
The foiiowing land is ta be rezoned to R 3 and sabject ta #he same restriciions pertaining ta
all other R-3 zones:
1. That part af Lot 1, Black 6, Friendly Hills RE-ARR., according to the recorded plat thereaf,
Dakata County, Mir�esota which lies northerly af a line drawn parallel with and 1630.00
feet south of the north line af the Sauthwest Quarter of Sectian 25, Township 28, Range 23.
Saici 1 G30,00 feet 6eing meas�zred at right angles to said north line of the Southwest Quarter.
2. That part of the East Half of the East �Ialf af the Northwesi Quarter of the Sauthwest Quarter
(El/2E1/2NW1/4SW1/�) of Sectian 25, Township 28, Range 23, Dakota County, Minnesata
which lies soufih of a Iine parallel with and 964.04 feet south of the north iine of the
Southwest Quarter of said section 2S. Said 96p feet being measured at right angles ta said
north iine of the Sauthwest Quarter.
3. That part of the West Half of the East Half of the Northwest Quarter of the Southwest
Quarter (W1/2E1/2NW1/4SW1/4) of Section 25, Township 28, Range 23, Dakota Caunty,
Minnesota whieh lies easterly of the westerly right af way line of Highway No. 49 as
described in the Final Certificate filed in Book '72 of Miscellaneous Records, page 233, and
south of the line parallel with and 96Q.00 feet south af the north line of the Sauthwest
Quarter of said Section 25. Said 960.00 feet being measured at right angles ta said north line
of the Southwest Quarter.
(Subject to all easements af record. Containing 4.7Q2 acres.)
SECTI4N 2 T"his Ordinance shall be in full force and effect from after its
publicatian accarding to law.
Enacted and ardained into an Ordinance this Fifth day of March, 1996.
G��I��
��.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS .
��
Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor
'L
n
CITY OF MENDOTA HEIGHTS
MEMO
February 2 199fi
Tfl; Mayor, City Councit and interim City Adminis
FRC1M: James E. Danielson, Pubiic Works Directb�%�t,.�
SUBJECT: State �aw Amendment Cancerning Comprehensive PlanlZoning
Ordinance Amendment Consistency - Planning Commission Request
for Presentation
r •�
At their January meeting, the Planning Commission discussed a recent State
Law Amendment concerning Comprehensive PIan/Zoning Ordinance consistency
(see attached information sheets�.
The Planning Commission felt that this new !aw served to circurrivent due
process by allowing rezoning to occur as a result of Comprehensive Plan
Amendments. The Comprehensive Plan Amendment process does not require
mailed natices to adjacent property owners.
The Planning Commission desires to have the City's State Legislators, the
AMM and Met Council representatives describe haw and why such a change could
come about. Commissianer Friel has drafted the attached letter which he
proposes to forward to these parties describing his understanding of the situation
and inviting them to attend an upcaming Planning Commission meefiing to
persona[ly discuss fihe issues with them.
Staff does� not share Commissioner Friet's interpretation of the new law and
its impact on the cammunity. There are very few parcels left in Mendota Heights
where Zoning and Comprehensive Plan guidelines are nat in conforrnance. As
required by the new law, Mendota Heights will have to update its Comprehensive
Pian by December 31, 1998. Any Zoning and Comprehensive Pian changes that
accur during this pracess can easily include fu!! and proper community notification
and participation.
ACTION REQUlRED �
:,
Because the attached letter from the Planning Commission as drafted by
Planning Commissioner Friel is proposed to be forwarded ta State Legislators, staff
felt that Council should have the oppartunity to review i# before it is sent.
�1�:�13:
JAN-18 96 15:31 FROM: T0:612 452 8940 PRGE:02�13
, .' ' �
1Vlajor Provisions of Chapter 176,1995 Ainendments to
the Metropoii�an Land Ptanning Act.
�
Contents of Local Comprehensive Plans- the following addicional contents of local
comprehensive plans were included in the Act:
Mandated•the Iocal land use plan shall include the water management plan required by
Section 103B.235 (Metropolitan Area Water Management Act).
Optional (1} each plan may contain an intergovernmeatal coordination elem�n�
(2} esch plan may contain an economic development element.
� (3rthe plan may designate� when appropriatc, redevelopment areas... r..
Comprehensive PIan/Zoning Consistency-in 1985. the Ivfinnesota Legislature amended
the 1976 Land Planning Act to state that if a loeal governments's comprehensive plans conflicts
with its zoning ordinance, the zoning ordinance supersedes the comprehensive plan.
This relationship between the comprehensive plan and the zoning ordinance was reversed in the
1995 Amendments to the Land Planning Act through the following two provisions:
{1) �ier August 1. 1995, a local government shall not adopt any fiseal device or officiat control
which is in conflict with its comprehensive plan...,
(2) if the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning
ordinance shall be brought into conformance with the plan by the local governments in
conjunction with its review and update of its comprehensive plans required by December 31,
1998. ,
Periodic Update of �.ocal Comprehensive Plans- each municipality in the metropolitan
area shall review and, if necessary, update its comprehensive plans and fiscal devices and official
coatrols by December 31, 1998 and at least every ten years thereafter.This dead(ine for updating
and submission of local comprehensive plans is subject to the completion of inetropolitan systems
statemeats as follows:
(1) for amendmeats to metropolitan systems statements adopted befor.e December 31,1996-
deadGne for updating the local comprehensive plans and official %ontrols is December 31,1998.
(2} for amendments to mevopolitan systems statements adopted after December 31, 1996-
deadlme for updating of the local comprehensive plans and ofiicial controls is September 30,1999
or nin� months after the metropolitan council submits its systems statement, which�ver is
later.
Extensions-the metropolitan councii may grant extensions to local gavernmeat� to submit their
updated plans. Such extensions must include a tunetablc and a plan for completion of the local
plan.
Technical and FinanCidl Assistatic�the metropolitan council shall consult with local
gavernments of the need for tectuiica! or financial assistance to carry out the provisions of these
amendments and shall �eport to the legislature of its findings by ranuary 15, 1996.
,_
�€
;
�
a
Thi.s language basically resolves problems encountered by city, county and state noad
construction noise, as well as potsntial noisa-based lawsuits involving highway
consiruction projects. Mn/Dot is i�equired to conduct a study of noise barrier needs and
report back w the I.egislature in 1996.
(� METROPOLITAN LAND PLANNING ACT � �' � �
(HF. 833, Laws 1995, Chapter 176)
This chapter amends several pmvisions of thc Metropolitaa Land Planning Act, which was
first adopted in 1976. They are the fust significant an�endments to the act sinoe its
adoption. This bill was sponsored by the Met Council and its major elements are:
(1) Incorporation of Water Managemertt'Plans. Water management plans prepared by
cities pursuant to MS 103B.235 must be incorporated into the land use plan section of a
comprehensive plan and be submit�ed to the Met Council for review and comment
Formerly, these plans were submitted to Water Management Organizations (WMOs) only.
(2) Ten year Review of Comp Plans. Metro area units of government must review and, as
necessary, amend their comprehensive plans by Dec. 31,1998, and at least every 10 years
thereafter. Such review and, if necessa�y, amendment shall ensure that the fiscal devioes
and local controls are not in conflict with the comp plans.
(3) MerriQm Amendment is Re�rea[ed. That amendment stated tfiat the zoning ordinances
supersede the comp plan if there is a conflic�
(4) Holding Zones are Allowed. An official control or fiscal device shall not be
considered to be in conflict with a comp plan if such official control or fiscaT device is
adopted to ensure the planned orderly and staged development of urbanization or .
redevelopment areas designated in the comp plan.
(5) Uniformity of Controls/Fiscal Devices. After August 1, i995, a city is prohibited
from adopting an official contral or fiscal devioe which is in conflict with its plan.
(� Nine Months to Amend Ordinances. After approval and adoption of a revised comp
plan, a local government unit has nine months to amend its ordinances (same as curnent
law).
(7) Amended Controls go to Met Council forinformation. Copies of amen� official
controls or fiscal devices must be submitted to the Met Council for informatio�T (but not
approval). :.
1995 Policy Narrative _ 11
�
H'NUM �kl GGS ANll MUkGAN S'1'. �'AUI, b 1>>23 66� 5 (�'!±l ) U 1. 26' 96 16:15 /S'1'. 15 : 5U/ NU. 3�bUU 15-1>b �'. `�/q
'_ �
n
Dear
�Taraiary 26, 1996
The City � s Pl�nning Commission Y'Pr..pn� 1 y C1i An�7SfiP.f3 t he
1995 amcndments to the Land Planning Act whieh require that
municlpal zoning �rdiiidcic;e5 �e i�rvuglit int� c�izfvrmity with
mi.�ni�i�al ��mprehensive plans by llecember jl, 19y8.
Meml�ers of the Planning Commission havc cYprc3�cd
concern abouc chis chanqe in the law, wr�i�r� dppedr•5 �� �u� `
ultimate control over ).an�3 i�sP f3P.f?'1 S] AI'tS in the City, in the
hands of thc Mctropolitan Council.
It appears that after DecembEr 31, 1598 a Cit,y's zoninq
ordinanaes would be meaninr.Jle�s L�ec.auca the �aram�i�nt- i nstrumPnt
far land uso planning will bc thc comprchencive p13n.
It the foregoing observations are correc� then Lhe
ordinance system in use in this City f�r d»P �r�r.pSs n�fii�P to
citizens regarding land u�c plan changee will be rendered�
ineffeclive. Ci�izcns WI1G throughaut thair lives have coine to
depend u�on notice of a change in ��zoninq�� to alert them t�
3iS553.1
. H'kUM �k 1 GGS ANll MUkG9N S'1'. !'AUL 61 `> >`�3 bb� y (�'H 1) U 1. >�' 96 16 :15 /S'1'. 15 : 5U/ NU. 336UU 15- (16 �'. 3/�
�ossiL-le sdverse impacts an pLoperty they ohrn will not readily
understand that notice ot proposed chanqes in the comprehensive
plan are intendod t4 nrovide tk�pm w;th tha fiamp alprt_
Some members of ttie Plaiiciii�y C�iumis�i�ii 2iavG dlsa nutetl
that �onr..pgt�tally 1'hP comprehensive plan was intended to be a
long range planning tool which was to be implemented by zoning
c;��diiyes a� thosc changes seemed appropriate as a
consequence of development in the community or chanqes brought
abouL by se�er ar water e;ctencion, tranG��rt-�r.i �n SysYPm c-hanges,
etc. Under the reccnt amcndmento to the Land Planning 11ct a
City's comprehen5ive pldi� c:��7s�itutes its �aning plan (after
nP�pmhpr 31, 1998) and the (:ity is powerless to change iLs 2oning
plan without changing its comprehensive plan and ser_urinc�
Metropvlitan Council approval.
Another a��,arpnt c:�ns�quence ot this change in the Land
Flanning Act io that property which is e_�ected to be used for a
commercidl �.c in�Iu�t�ial pui-pose und�r a comprehensive plan but
is c.urrently zoned as residenzial will, come December 3i, 1998,
be effectively "zoned" commercial or �.n�3i�Gtri al . Thar c�f c:ntlrse
�aill result in a rcal cctate tax aeseasment at the higher
commereidl �s• iiiciustrial rate which will have the effect of
torcing development chat neither the owner nor the comatuiiity u�dy
desire or be ready for.
' 311553.1
.
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� � ,
Uur Ftanni nr� Cammission 3130 nc�ted thdl. while
MPtrop4litan area cQmmunities ate a,ffeCted bv thi� i,and Planning
Act ohar�ge, outstaL� c:nmmunities wil.t c:�ntinue �o operate under
tha� sy5tem where the com�rPhensive plan ir� the guide a.itd the
zoni.ng ardi nan�P is �he tool to b� used t� 1u��3.ement that gii i rle .
They are perplcxcd as ta why Liiere should be a c3if£erence.
'1'he P2anni»g Commission laolca forward t� lhe
opp�r�unity of da.scuc�xng �his wit2� yvu.
379553.1
z:r-�rz _.._::u1..,•.t.. -fai: ._..t�,f�^t�.�
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SRICCS �ND MORGI�N
P�•�te55iunal Assaciativ�z
w-aaao Firet National Bank Buildin3
Saint Paul; Minnesota 55101
T�lephone (612} 223-GG00
r'ax Numbers: (612) 223-6450
Please dellver the followinq 4 pac�es DATE: Jaiivary 26, 1996
(This count includea thi3 cover cheet)
T0:
CHARi.RS MF:RTENSOTTO, MAYUx
(Name)
CITY nF MRNDOTA HEIGH'1'S
(Company}
FROM:
BERNARD P. FRIEL
(Name of Sanc3Pr)
452-8940
{Fa� Number)
452-I850
(Telephona Number)
(612) 223 G422
('1'elephone Number)
In3tructione or Comments: Frc�m RPrnie �'rial f�r your
iatormation.
2f yc�u have any �r�hlPms receiving these pages, please contact us
3t (612) 223-6645 aii3 ask tv speak with the I'AX operator.
CONFIDENTIAL fAX
Tho inform�tion eont�inad in this foesimi[e mess�pa i,e otr��nny priviteped and tonfldel�tiel information
interaln! aity for �he u:e of the individvol or eneity named on tha co�a� choot_ If the �eader of thic
inessage is noi LAe lntenGea recipient, or tltr a��luy�e ur a9mc responsible to deliver it to che
iniended �eCiDient, you are heroby notlTletl that arry dfs&cminetlon, C1�tribution or �opying �f tftis
ec+m,xm;car;�� i� nrriccly prohibited. ]f you have received this catmunication in error, please
imncdi�ecty nocify us by salophenQ, ond return Lh� oripinal mr•sx�pe To us at the addre55 liStCd on the
e�vrr sl�ect ria the u.9. Po:tel 5e�viee. 7henk you.
P
:r
CITY OF MENDOTA HEIGHTS
MEMO
February 1, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, Interim City Admi tr
SUBJECT: Advisory Commission Re-Appointments
. •�
The City is fortunate to have a number of individuals who serve voluntarily
on our three Commissions: Planning, Parks and Recreation and Airport Relations.
In that Commission terms are staggered, every year a number of Commission
member terms expire. At our February 6 meeting, Council is being asked to
consider the re-appointment of five Commission members whose terms expired on
January 31, 1996.
Commission members up for re-appointment include:
Plannina Parks and Recreation Airqort Relations
Joe Betlej Dick Spicer Ellsworth Stein =
Jay Liberacki Gregg Fitzer
All of the above individuals have indicated a desire to continue service on
their respective Commission.
' • l : • : �
Council should consider the re-appointment of the identified indivl�duals to
additional three year terms on their respective Commissions. �
KLB:kkb
�
CITY OF MENDOTA HEIGHTS
CONIl�iISSION APPOINTb�:NTS/TERMS OF EXPIR.ATIONS
PLANNING COI�IlRISSION
NAME
Mike Dwyer, Chair
Ultan Duggan, Vice
Sharon IColl
Daniel Tilsen
Joe Betlej*
Bernie Friel
Sally Lorberbaum*
ADDRESS
558 Stone Road
2331 Copperfield Drive
633 Sunset Lane
.1653 S. Victoria
613 Winston Court
750 Mohican Lane
1715 Lansford Lane
PARRS AND RFCREATION CONIl�IISSION
NAME ADDRESS
Dick Spicer, Chair
Ann Norton, Vice
Carol Damberg
Steven Rleinglass
Stan Linnell*
Dave Libra*
John Liberacki*
835 Park Place Drive
1600 Diane Road
975 Caren Road
1029 Marie Avenue
1407 Cherry Hill Road
737 Rnollwood Lane
2470 Moraon Circle
AIRPORT RELATIONS CObII�iISSION
NAML ADDRESS
Scott Beaty, Chair
Ellsworth Stein, Vice
Gregg Fitzer
Cynthia Surrisi*
Joseph Leuman
James Olin
David Olsen
800 Havenview Court
1296 Lakeview Avenue
2213 Copperfield Drive
1875 Warrior Drive
895 Mendakota Court
1140 Orchard Place
1254 Culligan Lane
APPOINTLD
9-20-88
2-1-86
2-1-89
4-4-89
7-19-94
2-19-91
10-4-94
6-20-88
8-4-92
5-21-85
11-29-89
2-2-93
2-2-93
2-7-95
8-3-93
8-3-93
8-3-93
6-7-94
8-3-93
8-3-93
8-3-93
i3XPIRED
1-31-97
1-31-98
1-31-98
1-31-97
1-31-96
1-31-97
1-31-98
LXPIRED
1-31-96
1-31-98
1-31-97
1-31-97
1-31-97
1-31-98
1-31-96
a��• r,�.
1-31-97
1-31-96
1-31-96
�3�1-98
1-31-97
1 31-98
1-31-97
* Joe Betlej - Filled un-expired term of Carolyn Dreelan _
* Sally Lorberbaum - Filled un-expired term of Stephen Hunter
* Ann Norton - Filled un-expired term of Michael Lundeen
* Stan Linnell - Filled un-expired term of Stephen Hunter
* Dave Libra - Filled un-expired term of John Huber �
* John Liberacki - Filled un-expired term of Vicki Katz
* Cynthia Surrisi - Filled un-expired term of William Healey
Updated: February.9, 1995
CITY OF MENDOTA HEIGHTS
MEMO
January 26, 1996
TO: Mayor, City Council and Interim City �trator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Auto Usage
. •�
The City has reimbursed employees for the use of their private auto on City
business. The reimbursement has generally been at the rate approved by the IRS.
Most employees use their auto only on raro occasions, however, two Engineering
Department employees use their auto in the normal course of business.
Guy Kullander generally has an auto expense claim which for the year 1994
was S 808.79 and S 1,121.25 for 1995. At this level it would not justify the City
to have a vehicle at his disposal. Tom Knuth also has extensive use of his
personal car. In 1'994 the use expense totaled 52,962.21 and 52,809.93 in 1995.
Tom drives a high clearance van which provides secure storage for survey
equipment as well as his use off road in new construction sites.
The City's insurance policy provides excess coverage for any vehicle used
for City business up to the limits of our City policy. I have computed the cost of
a comparable City owned vehicle for Tom to be in the range of $5,300 a year
which is well in excess of the mileage payments made during the year.
The Engineering Department currently operates a hand me down police car
for use by the employees. This car is used for field work especially during the
planning and surveying of projects. The auto expense claims of the Engineering
Department are charged to the particular project which is being work on and is not
an expense to the General Fund.
As a point of information, the City currently pays 29 cents per m�e. The
IRS rate established for 1996 is 31 cents per mile. �
' �� �_�. ; �
Review personal auto use and establish the rate of reimbursement for 1996.
LES:kkb
:
CITY fJF rZENDOTA BEIGHTS
February 2, 1996
To: Mayor and City Council
From: Kevin Batchelder, Interim City A'� �r
Subject: Prapos�d Re��onse to ihe Dual Track A,irport Study's Draft Enviranmental
Impact Statement
DI5CUSSION
On December 19, 1996, the City Council received a presentation from Mr. Nigel
Finney, af the Metropolitan Airparts Commission, on tha Uua1 Track Airport Study's Draft
Enviirnnmental Impact Statement (DSIS). The public ccamment period for the DEIS closes on
Febna�ary 13, 199b. In additian, the City's Airpart Relations Commissian has discnssed ihis
issue ovex the past several months and has provided input.
An Env3ronmental Impact Statement is performed to analyze and dete�nmi.ne the imgacts
of a propc►sed pmject. The comment period is an oppartunity to address the adequacy of the
Environmental Impact Statement and the analysis that was undertaken to reach canclusions
ahout potential impacts. It is alsa an apportunity to address concerns with the project, in this
case the two tracks that were studied for the future metropolitan a�rport.
Attached you will iind a draft letter of r��sponse far submissian to the Metmpolitan
Airparts Commission.
ACTION REQZTIRED
Discuss the pmposed letter of response and provide direction on preparing a fmal
x�espons� for submissian to the Me�ropolitan Auparts Commission,
.
:�`�; _�; ��- �
:� ;
February 6, 1996
Metropolitan Airports Commission
c/o Ms. Jean Unruh
6040 - 28th Avenue South
Minneagolis, MN 55450
RE: Comments on the Dual Track Airport Planning
Process Draft Environmental Impact Statement
Dear Commission Members:
This letter is to serve as the City of Mendota Heights comments on the Draft Environmental
Impact Statement for the Dual Track Airport Planning Process and is also to serve to express
our concerns about the Dual Track Airport Study.
� ' • � �� • �� . � �. . . :� �:�
The City of Mendota Heights commends the Metropolitan Airports Commission and
the authors of the DEIS for the amount of work that has gone into the production of this
Environmental Impact Statement. While it appears to be very thorough, the City of Mendota
Heights feels that there are a number of areas where potential impacts are inadequately
addressed and need. further review. We would like to offer the following comments:
1. The DEIS daes not identify, or exami.ne, all the true costs and benefits for either
airport track that has been studied. Ia addition, the DEIS lacks a true cost comparison
for all possible options that could be undertaken, or that are currently being considered.
2. The DEIS daes not quantify the benefits from the potential redevelopment of the
existing MSP site if the airport were to be relocated to Dakota County. No analysis
has been completed that examines the economic benefits and the tax base impacts that
would accrue due to the redevelopment of the MSP site.
3. The DEIS analysis of the external costs on the communities that currently Jsurround
MSP, due to the impact of increased noise pollution caused by expanding the current
airport, are inadequate. The amount of money estimated for noise mitigation is based
upon the existing Part 150 program and is grossly inadequate under a scenario of an
expanded MSP. The DEIS assumes that the existing home insulation program is
adequate to alleviate the noise pollution problem and the estimates for noise mitigation
�� � M� � ��
costs are based upon the current home insulation program and the amount of money
currently available for this Part 150 program. The DEIS states this is adequate to
alleviate the noise pollution problem. There is no substantiation for this claim, nor
does the DEIS adequately address this issue. No other noise mitigation efforts are
included in-t�e-DEIS analysis, outside the noise insulation program. For the DEIS to
be a credible document, further review is necessary to adequately analyze the externai
costs of noise pollution on communities surrounding an expanded MSP, to identify
noise mitigation efforts other than sound insulation and to analyze the costs and benefits
of these other noise mitigation efforts.
4. The DEIS does not address the impact from noise pollution on housing values for
communities surroundi.ng MSP under a scenario of an expanded aiiport. For the DEIS
to remain a credible dacument, the costs of housing value depreciation must be
included in the review of impacts for an expanded MSP. The costs of community
stabilization and economic revitalization should be included in the DEIS, for both
tracks of the study. The costs of property value guaracitee programs, tax credits for
housing revita.lization programs and other community stabilization programs should be
included in the DEIS.
5. The DEIS does not adequately address, or identify, the area to be included for sound
insulation purposes. Therefore, the costs for this program are again grossly
underestimated. Further review is necessary.
6. The DEIS assumptions for the growth in operations are inadequate and do not equate
\ with current, real growth rates in operations. Further review is necessary to adequately
determine if an expanded MSP will reach capacity before the end of the current study
time line in the year 2020.
Should an e�anded MSP reach capacity before the year 2020, additional runways will
be necessary. The DIIS has not addressed future additional runways at an expanded
MSP and their potential impacts in terms of noise exposure and environmental impacts,
community disruption, economic development and/or decline and tax base impacts.
This is a serious flaw in the DEIS, based on an assumption that this impact will accur
after the time line assumed for the study. Further review is needed.
7. The DEIS underestimates the induced development benefits for a relocated airport and
the economic benefits that would accrue to Dakota County. ,
CONCERNS WITH THE DRAFT ENVIRONMENTAL IlVIPACT STATEMEN'r
The City of Mendota I3eights is concemed with the recent appearance of the Northwest
Airlines Concept Plan 6A and the likelihood that it will receive consideration from the decision
makers on the Metropolitan Airports Commission and at the Legislature. This plan has not
been included in the review for the Draft Environmental Impact Statement. If NWA Concept
.���
;i` �i. � : :;_,
6A plan is to be considered, it will be necessary for the Metropolitan Airports Commission to
re-open the Environmental Impact Statement study to include this plan in all phases of unpact
analysis.
As stated above, the DEIS fails to address any impacts for additional runways beyond
the year 2020, or before the year 2020 if the growth projections are discovered to be
underestimated. The Northwest Airlines Concept 6A includes a projected north parallel
runway. The DEIS fails to address any potential impacts that a north pardllel runway would
have including community disruption, declines in property tax base values, noise pollution and
other environmental impacts that would occur under the Northwest Airlines Concept 6A.
Thank you for the opportunity to comment on the Draft Environmental Impact
Statement. We eagerly await your reply and response to our comments and concerns.
Sincerely,
Charles E. Mertensotto
Mayor
�
> S
CITY OF MENDOTA HEIGHTS
February 2, 1996
To: Mayor and City Council
From: Kevin Batchelder Interim Ci Ad�i���tr�for
� tY
Subject: Minnesota Police Recruitment Service - Response to Court Order
The City of Mendota. Heights is one of thirty six municipalities that was a member of
the Minnesota Police Recniitment Service (MPRS) at the time MPRS was enjoined in a lawsuit
over a testing device to screen police officer candidates. Mendota Heights is no longer a
member of MPRS, however, we are still involved in the defense of the lawsuit. On November
6, 1995, 7udge Richard Solum awarded damages to the plaintiffs and required the member
cities to pay to the State of Minnesota a statutory penalty of $300,000 or, in lieu of such a
penalty, establish a minority race hiring commitment which is satisfactory to the Court.
On December 21, 1995, Judge Solum met with MPRS aad member cities to discuss the
fulfillment of the minority race hiring commitment and a deadline of February 9, 1996 was
established for the submission of these proposals. Each city is free to submit their own
proposal or to join a group effort in order to submit a joint plan. (Please see attached
documents from MPRS.)
Mayor Mertensotto, Police Chief Dennis Delmont and myself inet yesterday to discuss
the merits of participating in a joint proposal or submitting our own plan to 7udge Solum for
the February 9, 1996 deadline. We are proposing that City Council direct us to notify MPRS
that we will not participate in the joint effort, or be responsible for any of the costs incurred by
MPR5 and the consultant, and that Mendota Heights submit its own aff'umative action plan to
the Court. MPR5 has retained a consultant, Mr. Mel Harris, for an amount not to exceed
$20,000 to prepare a joint p1an. Mendota Heights portion is estimated to be less than $1,000.
Mendota Heights has been following affirmative action principles in the selection and
recruitment of Police Officers and, despite our membership in MPRS, we have not used their
recruitment lists for our last four hiring efforts. We are proposing that Police Chief Delmont
prepare the data on Mendota Heights and outline our current recruitment and selec�tion '
practices in order that Mayor Mertensotto may prepare a response to 7udge Soluui.
ACTION REOUIRED
If City Council agrees with the proposal to submit an individual plan, they should
direct staff to assist Mayor Mertensotto in the preparation of a response to the Court.
��. �
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. � � ��f� ,}.
KENNEDY & GRAVENj � '���' 2' � ��
CLiARTERED
�►ttarneJt at taa
RLlIEBT A. ALSOP
BBt3C£ iS. BATI'£RSOPt
R�'1KALD H. BA1TY
S:��rac,t. Buaut,
,IOE[N $. LiFAN
��+x�. J. Gt�txs�vc[c
D�vw J. KQtr�eaY
CliARLliS L. L£REYF3tE
Josx M. GeFevxc, .iR.
ROOElT J. LtNDALL
Rosetr C. Lorrc
J� M, Srita�u�r
470 p'IUsbur� Center, MlnoeapolL�, Minne�ota S�. M"' -- �V �"� ������ �' Tttot�oN
w+s���r������ .�. �{OMSON
(612? 337-93a0 'tx�Att M. we�rxm4c
BBNHiE L WQ,KIPLS
Fa�m,u� t6�> ��-s�ia .�OE Y, YANG
WRITER'S DIRECI' DIAL
(i12) 337�l21S
MEM4RANDUM
i7AYtD L:'�r1tAVEN (1t29.199i)
oF crQuxseL
ROiEtT C. CARGSOH
RO�EA'C L. DAVIL150N
Wes�.[t�tGTaH H. G►w
CtfATGS A. PEAt50N
T. JAY SALMF?7
�4�I�FIDENTIAL -- PRIYILEGED ATTOPNEY CLIENT COMMUNICATIUN
TO;
FRU1Vi:
DATE:
RE:
City Managers, Adrninistrators, Attomeys and Chiefs of Police of Defendant Cities
in Starks and Fields v. NiPRS, et al,
Charles L. L,eFevere ��'�
January 24, 1996
Hiring Commitment in Respanse ta Order of the Court of November 6, 19�5
The Court's Qrder of November 6, 1995 in the abave-referenced case requires the cides to submit
an aff"umative action type plan in accordance with paragraphs 14A and B of the Order and to pay
to ihe State af Minnesota a statutory penaity of $304,�{{}0 or, in lieu of such a penaity, establ'rsh
a minority race hiring commitrnent which is sadsfactory to the Court.
3ince we received the Urder I have advised the cities that the Court's Ord�r does not compel the
cities to snbmit joint plans or hi�ring canunitments; ar�d each city is free to submit their o��n.
individual commitments and propasals.
At the last meeting of the MFRS rnembers on January 10, the MPRS board decided to retain �1ei
Harris to prepare a joint proposal to the Court in response to garagraphs I4A and B af the Orcier
for all cities which wish to�participate in a joint proposal. To date, only the Ciry of Brooklyn
Park has withdrawn from garticipation in the jaint proposal.
Mel has requested each city pravide descriptians of all elcisting pragrams which are related to
law enforcement and which aze being used or could be used to increase awazeness and accepe;�n�e
of law enforcement career oppariunities or to increase opportunities ta hire minorities. The��
would include any outreach acavities to minority communities, C50 or cadet programs, poli�r
auxiliary or expiarer programs and the like. If your city has not yet provided this infomran��n
to Mel, or if you wish to supplement information already provided, please do so as sac�n ,,•
possible. Piease make sure that the appropriate person in the city prepares and sends thr�c
materials along with the name, address, phone, and fax numbers af a person whom ytrl .�r,
CLL49338
M?1I0-2
i"� � V
S
contact for clazificatian or additional information. Because the plan will sgecify prograrns for
each individual city, it is very important that this information be provided. I have attached copies
of the snbmissions of Bloamington and Woodbury for your information.
In addition to this information, a number of cities have not submitted resgonses to the TUG �
survey (which was s�nt only to members of TUG and therefare did not go to all cities). A copy
af that survey is attac}zed. If your city has nat yet respanded t4 the s�rvey, please complete the
survey, either typed or legibly written, and send it to Mel.
Finally, Mel tells mc that the plan will identify a person in each city wha will be responsible for
implementing the pian. Please advise Mel who that person shonid be so ttiat the name or
position can be included in the plan. This person may or may not be the samc person whom yau
identi€y for puzpases af ciarifying or providing additional inforniaarion for pregaration of the gian.
MeYs rr�tiling address is:
Mel Harris
14673 78th Avenue Narth
Maple Grove, I�ZN SS311
I have greviously indicated that the cities coald make separate decisions an whether to submit
joint affirmative actian type proposals and hi�ring commitments. That is, each city could decide
ta participate in the joint affumative action praposai or the joirit hiring commitment, or both.
_ Broaklyn Park has indicated that it does not object to using the city's statistics in deternuning
, compliance with the hiring portion of the arder. Therefore na city has withdraum, to the best of
my knowledge, from making a joint hiring commaitmen�. •
To assist the cides in deterniining whether they wish to be a part of a joint proposal, I have
prepared a first draft of the portion of our jaint memorandum dealing with the hiring
commitment, a copy of which is attach�rl.
I invite your comments and sugg�stions on this draf� Obviously, if any city decides to withdraw
from maldng a joint hiiring commitment, the attached would have to be madi�ed to reflect that
fact .
Please let me know as soan as possible if your city intends to withdraw and submit its own
hiiring commitmen�
cc: Mei Harris (w%nclosures)
Lazry Thompson (w/enclosures)
r��
CLL99338
MP110-2
A
!+
HIRING COMMITMENT
In the Court's Order of November 6, 1995, the defendant cities were required by Order
No. 4 on page 7 to submit a plan to accommodate the implementation of programs as described
in finding 14c on page 5 of the Order, under which the cities were obligated to pay a sta.tutory
penalry in the amount of $300,000 to the state of Minnesota, or in lieu of such penalty, establish
a. reasonable minority race hiring commitment satisfactory to the court. This section of the
memorandum addresses that requiremen�
The court has recognized the validity of the use of cognitive skills tests for police officer
selection. The record demonstrates that African Americans, as a group, score lower on such tests
than white applicants. Therefore, the evidence suggests that, absent compensating factors, the
selection rate for African Americans may be somewhat lower than the selection rate for whites.
There is no evidence to suggest that the overall selection rate for African Americans would have
been higher than the selection rate of whites, even in the absence of tests having no
impermissible adverse impac�
During the meeting among the Court, counsel, and representatives of a number of the
puties on December 21, 1995, there was discussion of whether the hiring commitment should
define the cities' obligadon only by reference to new hirings, occurring after the suit was
commenced or some later date, as opposed to giving the defendant cities credit for those African
American hirings which have already occurred. An order which did not recognize African
American hirings which have akeady occurred would not be warranted because it would exceed
the necessity of remedying the effects of past discrimination by resulting in an overall selection
of African Americans which would substantially exceed the, selection rate of whites. If a race
conscious remedy is justif'ied at all, it can only be to remedy the effects of past discrimination.
ff voluntary action of the defendants has reduced such effects, such reduction must be
acknowledge as a limitation on the permissibility of a race conscious remedy. Defendants cannot
justifiably expand their authority to engage in race conscious hiring activities by remedying the
effects of past discrimination twice.
� In response to the Court's Order, defendant cides submit the commitment to reach a point
at which the African American hiring rate from 1979 onward meets or exceeds the hiring rate
of whites during the same period. That is, the ratio of African Americans hired to African
Americans in the applicant pool meets or exceeds the ratio of whites hired to whites in the
applicant pool.
(African Americans hired � equal or exceeds whites hired
African Americans in the applicant pool whites in the ap licant pool)
The determination of the denominators of the two ratios (i.e., the numbers of African
Americans and whites in the applicant pool) is complicated by the fact that not all defendants
who join in this proposal continue to be members of the MPRS •and other members of the MPRS
are not defendants. Arguably, each of the defendant cities would have a different applicant pool
after they left the MPRS. However, it is not practical to use individual city applicant pools
because the numbers of African Americans in the applicant pool in the case of a single city wi ll
CLL99571
MP110-2
a
�
6e tao small to yield reliabie or meaningfui numbers for many years to come. It is only by
accumulating data for all 3� cities for 17 years that a sufficient number of African American
appiicants (47} come into the system to generate statistics that are even arguably meaningful or
representative. Even using the entire MPRS data base, the trial evidence shows that the number
of African Americans testing was three or fewer in°�8 of 15 years th.rough 1993. �
The rriost accurate picture of the applicant pool is derived from the Iargest data. base.
That data base is the MPRS applicant pool which includes applicants for all MPRS cities and
cavers a rime period of 17 years. This experience involves appraximateiy '7,000 applicants.
Moreaver, the use of these numbers for the 17 year period, is related to Ehe emplayment practice
which is the subject af this case. Hiring goais based on statistics which da not include this
MPRS testing experience will be unrelated to the employment practice which was the subject af
this case, particulazly in cities which no longer use the MPRS testing process. Additionally, it
is not practical to combine apglicant pooi statisdcs from the MPRS rnembers because there will
be significant overlap in these different applicant paols. Therefore, the defendant cides propose
that the number of African .American apglicants and the number af white applicants be taken
from the MPRS testing statistics.
A separa.te question is how to determine the numerator of the two ratios, i.e., the number
af African Americans hired and the number of whites hired.
Defendants subrnit the proposal that these numbers be deterrnined by the nnrrtt�ers of
African American and white hirings in all of the defendant cities from the inception of the MPRS
testing process to #he date of the determinatian whether the commitment has i�een met� OnIY bY
accumulating data on hirings from all defendant cities is it possible to relate the hiring
commitment to the effects of past discrimination. The number af African Americans in the tatal
applicant pool is only a vezy small percentage of the number of whites, Therefore if a hiring
cortunitment were to apply ta each individual city, each ciEy which hired one African American
would have a selectian rate of African Americans which exceeded the selection rate of whites.
Each city which had not hired an African American wauld have a selection rate of African
American's which fell short of the selection rate of whites. If each individual city were required
to have an African American selection rat� which equalle,�i or excee�ied the seiectian rate of
whites, 36 African Americans would have ta be hired, one for each af the defendant cides. This
would be an overall seiection rate for African Americans which is over five times the selection
rate £or whites. Nothing in the record snggests that a race conscious remedy of that rnagnitude
is justified,
The parricipating cities would be requireci to continue aIl efforts described in the proposai
submittal herewith (in response ta Order No. 4 as it relates to Findings 14a and b�af the Chder
of November b, 1995}, until this commitment is met. ., '
CLL995'71 2
MF110-2
4 i
The MPRS Executive Committee is �equesting your assistance in compifing data for the court-ordered
affirmative action pfan as pa�t af the StarkslFiefd iawsuif.
- Please camptete the failowing survey by naon, Friday, January 5, 1996 and fax to Jeanette Sobania,
Plymouth {fax 509-5060). Thank you.
Request for TUG members far informatian relating to MPRS lawsuit. �-- -�` �
IV2tTi� t3f Citji: ' .
Name of contact person:
Daes yau� cify pardrapate in po(ice recruifinent with MPRS? _„_ YES _ NO
1. 9995 Census population of your city:
2. 1995 African-American papulaf"wn of yau� city:
3. Number of sworn police officers in your city:
4. Number of minority officers cuRently in your ciry:
Pl�ase provide specific minority in1'ormation:
Number of new officer positions or vacancies in 1996 that you anticipate filling:
5. Number of high schoots senring yaur city:
6. Please contact these high schools and obtain the #ollowing infarmation.
A. Current high schoo! eriro4lme+nL•
B. CurreM minarity enroifinent
C. Current African-American enroilment: •
7. Does your palice departme�t have the fo!lowing?
Reserve pragram (vofunteer, usually unpaid} � YES � Nt;
If yes, total number of reserves:
if yes, please provide position description if available far January 11 TUG meeting.
If yes, piease pravide speciftc minarity information:
8. Does your police department have an Explorer past? {Usuaily, high schaai juniors ar seniors
interested in pofice careers} _ YES NC1
if yes, piease provide pasition description if availabte far Ja�uary 11 TUG meeting.
If yes, please provide specific minority information:
9. Does your police department have a crime prevention unit? _,_,_ YES T NO
If yes, number of fulbtime: number of part•time:
!f yes, please provide position description if availabie far January 11 TUG mee#ing.
if yes, please provide specific minority infarmation: _
10. Ooes your police department have a cammuni#y service afficer't _ YES _,_, NO
tf yes, number af fuii-time: number af part-time:
If yes, please provide position description if available far January 11 TUG meeting.
!f yes, please provide specific minority informatian:
'!
11. Does your police department have a cadet pragram? _ YES _ NO
If yes, �umber of full-time: number of part-time:
If yes, piease provide position description if available for January 11 TUG meeting.
If yes, please provide specific minority infortnation:
12. Does you� police department have any other programs which use non-swom officers (i.e.-animal
control, etc.)? _ YES _ NO �
Name of programs:
13. Does your city cuRently provide tuition assistance%imbursement for any of these police programs?
YES NO
If yes, please list which programs:
14. Are any non-swom police officer programs funded by grants? _ YES _ NO
If yes, name of grant(s): •
Expiration date of grant(s):
15. Does your non-swom officer program provide upward mobility to a swom officer position?
,_ YES _ NO
���cifiy of
btoomington, minnesota Personnet Department
_._.� - __ _ _ _ _ _
2215 West O!d Shakapee Road • 8loa�ngtan. Minnesota 55431-3046 • tbt2)448-8710 •�AX {bl2}44&8754 . TDQ tbi2}44&87d0
January 5, 1996
Mr, Charles LeFevere
Holmes & Graven
470 Pillsbury Center
Minneapolis, MN 55442
Dear Mr. LeFevere:
�.
,. ...
JA� �
In response to your request for infarmation concerning Bloomington Police 4fficer empioyment
apporlunities, educationai assistance and outreach prograzns I am able ta provide the fat�owing. The
data is presented to iist certain demographic facts af the cammunity, It alsa includes City employment
and outreach programs and pasitions avaiiable in the Poiice Department. Alsa addressed are #he
recruitnnent activities associated with the City pasitians.
The data as presented probabiy needs furth:er clazification, editing and to be refarmatted. If yau need
additional infarmation, please do not hesitate to contact Police Chief Lutz at 94$-8701 or me at 948-
3$98.
�f '�rs 1990 census: population of Blaomington - 86,335
1990 census: minority (non-white) population of Bloomington - 4,569 (5.6%)
1990 census: African .American population of Bloornington - 1,394 (1.6%)
1994 high schoal student enrollment:
1994 high schoal African
American student enroilment:
�• - s-•��- •� �.
Blaomington has a total af 103 swarn palice positians.
ICennedy -1,349
Jefferson - 1,645
Kennedy- i29
Jefferson - 31
(9.b°/a)
{1.9%}
�
a
Mr, Charies LeFevere
,lanuary 5, 1996
Page 2
Sworn Personnel
O '�1CeI'S
Sergeants
Lieutenants
Captain
Chief
Tatals
: ���1 ��i! 'i • 1��.�
� E��l�
72 6
IS 1
6 0
1 0
1 Q
9S 7
�
78
16
6
1
1
102
The City currently has one apen positian for Police O�cer.
*Potice 4fficers were hired through M.P.R.S. testing process:
African American Hire Date - 1/19/94
Native American Hire Date - 1/29/93 -
.• •_ _._ •�
Qne African American Maie*
One Native American Ma1e*
The Police Department has three golice officers assigned to the police liaison program. The=positions
are primarily investigative, and one officer is stationed at Jefferson Senior High, one officer at
Kennedy Senior High and ane officer at Olson Juniar High in Bloomington, The position serves a� a
Iiaison hetween the school and the City's Palice Deparkcnent. The police officers attend and participate
in the school�career day programs and speak at sacial studies ciasses in the school system. The otficers
explain the specific steps.to become a licensed police officer in the State of Minnesota and provide an
outreach service to students, particularly minorities, who may be considering a career in iaw
enfarcement. T'he Police Department will update brochures and literature concerning p°� ice
department careers and opportunities wi#I� the Bioomington Police Departrnent far expa�ided
distribution to interested siudents, specifically directing the information to minorities in the schoui
system.
The Blaomington Police Reserve Program pravides a way far people in estabiished careers to c��re•�
their public-safety interests, and for those haping to enter law enforcement careers to gain valuahl�
�,
M
Mr. Charles LeFevere
�January 5, I996
Page 3
experience. The pragram consists of twenty-two reserve afficers who are trained, equipped, and
uniformed by the Bloomington Police Department. Reserve officers help patrol the city and assist
officers in virtually all types of police service. Police reserves often ride along with police o�cers to
learn more abaut law enforcement as a career and observe the daily activities of a police o�cer at
work.
Since the Police Reserves aze a volunteer organization the City of Bloomington does not collect data
regarding the race of its members, Minority invoivement in the Police Reserve program is encouraged
by:
• The lack of a residency requirement far o�cers in the reserve program is intended ta make tlie
program available to a variety af minarity populations,
• The Bioom%ngton Police Reserves adv�rtise vacancies through: Sun Suburban newspapers,
television and radio pubiic safety announcements, and the Star Tribune newspaper.
��'..�..- '. �
The Bioomington Police Llepartment has a chartered chapter of the Boy Scauts of America (Explorer
Post). The Explorer Post offers a career-based experience program to appraximateiy 15 youth ranging
in age from 15 to I8 yeazs. The program is open to aIi youth and is advertised in the Bloamington
schools. The program is available to both boys and girls and is intended to pravide first hand
experience to youth wha may be considering a career in law enforcement.
The Bloomington Police Department Explorer Post encaurages, a.nd will cantinue to encaurage,
invalvement of minority participants in its program. Examples of efforts to make the program
available to minorities aze:
In an effort to make the Bloomington Police Explorer Past available to a mare diverse population
and to make the experience available to people who might not have the oppori:unity, the by-laws of
the post were amended several years ago to no longer require Bloomington residency of its
members.
The Bloomingtan Police Explarer Post has, ar has had, members from a variety of minarity
popuiatians, including African American, Asian and East Indian. ,�
��s' ' ' ' •! _' •� • �
The City has estabtished a Crime Prevention Program that includes one lieutenant, two poiice ofticers
and one civilian crime prevention caordinator. City employees coordinate programs for crime
prevention and activities with the Bloomington Crim.e Prevention Assaciation (B.C.P.A.). The
Mr. Charles LeFevere
January 5, 1996
Page 4
B.C.P.A. is a volunteer arganization that is open to all citizens artd inciudes up to 5,000 members. The
organization is involved in fund raising and has made donations to the Ciiy's canine unit in the Poiice
Department. The City's crime prevention program enlists volunteers far neighbarhood watch program
and can facus specifically an neighborhoods with a higher incidence of reported crime.
Due to the community-based nature of the crime prevention officer's job, they aze involved in generai
recruitment and ihe recruitment of minorities. Bloomington crime prevention officers aze developing
the third-genexation reczuitment brochure which will include poiice cazeer opportunities and non-career
program opportunities within the Bloomington Palice Department. Awaze that minarities may be
drawn to organizations in which other minorities have enjoyed success, officers hope ta include
minority Bloomington police officers in the brochure.
Crime prevention officers routinely attend job fairs to provide information on career opportunities with
the Bloomington Police Department. They also cultivate interest in palice careers th,rough their
involvement in Bloomington schools by praviding a positive image and encouraging all students to
consider the job. The most significant exarngle of their outreach efforts to minority populations is their
continued involvement in the Diversity Jabs Fair in Minneapolis.
��4!' t" � �! � �'' 4! �!
The Chief of Police has a designated staff position that is responsible for the City emergency
management operations. Emergency rnanagement includes a communication group of unpaid
Blooming#on citizen volunteers. The 34 volunteers possess technical backgrounds and are licensed br
the F.C.C. as amateur radio operators. The func#ion af the communications group is to augment the
City's communications in time of disaster, i.e. natural or technaiogicai. The City provides
cammunzcatian training to each of the volunteers, and aisa a uniform is provi�ed for identification
purposes. The communications graup serves as part of a disaster response team and may aid in search
{e.g., Iost chiid) and rescue aperatians. The group aiso participates in the metro area weather Sk�•�ti�arn
program. The communications group provides advice to the Police Department emergency
management operations concerning advances in communication technoiogy.
• � t � 4 •_t
The City of Bloomington has a program %r educational assistance. The City pays 140% of the costs
for tuition and books for full-time employees to attend college. College courses must b applicahl4 t��
the emplayee's current positian ar will prepare the employee for advancement with the;�ity in tht
future. The emplayee obtains advance approval to attend and needs a passing grade of "C" Or l�itt�r t��
receive reimbursement. Far example: The 1'olice Degartment will pay the cost of tuition and bc�«k•
far a regular, full-time employee to attend callege courses in the pursuit af an Associate of Arts eit��rt�
in Law Enfarcement. An expansion of this educational assistance program could be to offer tuitie���
aide reimbursement to any regular, full-time employee of the City who wishes to attend collegc >>i
pursuit of an Associate of Arts degree in Law enfarcement.
Mr. Charles LeFevere
:Tanuary 5, 1996
Page 5
The Blaomington Police Depa�:�tment has cooperated with the Minnesota Police and Peace Off cers
Association and the Chiefs of Police Associatian. for a scholarship program specifically aimed at
minority students. The Poiice Department will identify youth �tat may be eligible far schalarship and
will actively pursue and recommend scholarship funds for minority youth.
- •,�.r�.,.
T'he Blaamington Police Departrnent has participated and will continue to participate in the Law
Enforcement 4ppartunities Program {L.E.C3.}. Alang with #he Poiice Department, the City has
attended and participated in tb.e Diversity Jobs Fair at the Minneapolis Convention Center. The career
fair is a specific opportunity for wamen and minorities who may be interested in a cazeer in law
enf'orcement. The Police Departrnent will continue to assign officers and other staff' members to attend
career days fairs to explain career opporiunities with the Bloomington Poiice Department.
The Bioomington Folice Department has actively recruited minority individuals to #heir arganization.
• In order to encourage minority applications, the Bloomington Police Department maintains a
standing offer to pay the costs of M.P.R.S. testing for any minority who is eligible to do st� and
expresses an interest in working far Blaamington. The City has paid the costs far minority
candidates to take the M.P.R.S. test.
The City of Bloarnington conducted jab interviews for Police t3fficer during the Fall of 1992. One
applicant, a Native American, did not appear for his scheduled interview. Aware of his minority
status, the Ciiy of Bioomington representa#ives contacted him and successfuliy persuaded him to
continue his effarts to become a$loomington Officer. The hiring �rocess for all applicants �vas
deiaysd whiie the originai interview team was reassembled. The interview was conducted and it
was determined that this applicant was well qualified and was hired on January 29, 1993.
'�. - �-.._�a!-� _ �!� • ��'� •�•��s
The Police Department has non-sworn positions that are available to potential police officer candidates.
Specificaily, the City emptoys three reguiaz, fuii-time Animal Wardens, The positions are regular, full-
time employment with the City and do not require licensure as a police officer with the State of
Minnesota. The City aiso has a dispatch function for public safety. The City employs ten regular. full-
time Civilian Police I?ispatchers. The department employs a regulaz, full-time Property�Cantrol Clerk
(evidence). The Animai Wardens, the Police Dispatch positions, and the Property Contral position are
open ta any qualified candidate. A copy of job descriptions are attached. For each of these ptrsitic�ns
and other regulaz, full-time positions with the City, the Persannel Department advertises in the lc�cal
Sun Current newspaper and minarity newspapers including the Minneapolis Spakesman and the
Insight News. The Personnel Department also sends announcement of job opportunities (open
pasitions) to each of the minority publications included in the attachments.
Mr. Chartes LeFevere
January 5, 1996
Page b
The Blaomington Folice Department alsa has one sergeant assigned to the Police Training function.
This activity will be restructured and retitled to become the training and recruitment section with the
sergeant assuming increased responsibitities for recruitment of palice officers.
If you need additional information ptease contact me at 94&3898.
�e�w?�4 i%��
Kent T. Michaelsan
Director of Personnel
and La6ar Retations
���
Attachments
���ottrez.a�
cc: Chief Lutz
David Ornstein
Mark Bemhardson
E�on Minelli . Donna Jahnson, Vocational Service Ms. Nancy Maas
Bloomington Job Service Courage Centet HTI Emplpyment & Training
9401 James Ave. Sa. 3915 Golden Vatiey Road 7145 Haniet Ave. So.
'�Ioorningtan, MN 55431 Goiden Valiey, MN, 55422 Richfield, MN 55423
Jalie Mattson
Drake Beam Morin.
8500 Normandale Lake Blvd.
470
Bloomingtan, MN 55437
Roy Gana
Spanish Speak. Affairs Caun.
50 Sherburn Ave.
St. Paul, MN 55155
Mpts. Saciety far the Biind
i936 Lyndale Ave. Sa.
Minneapoiis, MN 554U3
Ms. Robby Cernoch
Sister Kenny Voc. Services
Suite 800 East 28th Avenue
Minneapolis, MN 55407
Pam Gowen
Services for Blind & Vis. Handi.
2240 University Ave. W. #240
St, Paut, MN 551141840
; Hancock, Directt>r
BIack Learning Resaur. Ctr.
U. of M., 323 Walter Library
117 Pleasant St. SE
Minneapolis, MN SS455
Asian PacificlAmericaa LRC
Dr. Nobuya Tsuchida, Director
U. of M., 3Q6 Watker Library
11? Pleasant SE. SE
Minneagolis, MN 55455
Roger Buffaiohead, Director
American Indian LRC
U af M., 125 Fraser Hatl
106 Pleasant St. SE
11+Iinneapotis, MN 55455
Laura Scott Williams
Minneagolis Urban L,eague
Employment & Training
204Q Plymoutt� Ave. No.
Minneapolis, MN 55411
Ceridian Corporation
Career Resources 7anet Barta
8I00 34th Ave. So. �IQSOIQ
Blopmington, MN SS425-1640
June Miller
Normandale Cornmu. College
9700 France Ave. So.
Blaamingkon, MN 5543'7
Mr. Rafael Ortega, Dir.
Chicauos Latinos Unidos En Serv,
220 South Robert Saeet
St. Paul, MN 55107
MN State Cotmcil an Disabiiity
121 E. 7th Place Suite 107
St. Paul, MN 55101
DeAnna Cumrnings, Adm. Asst.
MN Council an Black Minnesotans
2233 Universiry Ave. W. #426
St. Paul, MN 55114
Nirs. Francis Fairbanks, Exec. Dir. Mr. Steve Rosenthal
Mpis. American Indian Center Radio Talking Book
1530 East Franklin State Services for the Blind
MinneaQolis, MN 55404 2200 University Ave. W. #244
St. Paul, MN 55114-184{?
! �esia Hale
. Link
12QQ Plymouth Ave. N.
14�1inneapolis, MN 55411
SPRC - Mr. Paul �tiller
?(19 University Ave. West
St. Paut, MN 55104-4$Q4
John Weir
Ofc for Students w/Disabi�ities
U. of M. Johnson Hall Rzn. 16
101 Pleasant St. SE
Minneapolis, MN 55455
Khue Yang, Emplayment Speciaiist
Ass'n. far Advancement of flmang
iSl$ E. Lalce Street, Suite 209
Minneapalis, MN 55407
Alice McNulty, Placement Specialist
Employee Develapment Corp.
1350 Nicoltet MaII, Suite 103
Mirureapaiis, MN 554L13
Jacquelyn Jeunai
TCOIC
931 Olson Memorial Highway
Minneapolis, MN 55405
Off. af Minority & Sp. Affairs
Dr, Nobuya Tsuchida, Coord.
U, of MN, Rm. 310
1941 University Ave. SE
Minneapolis, MN 55414
Don Ctark, Job Developer
Arnerican Indian OIC/JTPA
19i5 Chicaga Ave. So.
Minneapolis, MN 55404
Lee Pao Xiong, Exec. Dir.
State Council on Asian-Pac. Minn
20S Aurora Ave. Suite 100
St. Panl, MN 55103
Manuel Gueirero �
:,
ChicanolLatino LRC
U. of M, 328 Walter Library
117 Pleasant St. SE
Mi.nneapalis, MN 55455
'�sition Title
penartment
Accountable to
P4SITI(1N DESCRTPTION
Civilian Police Dispatcher
Police
Communications Sugervisor
at November 1994
iv' i�n Services
To answer telephanes and dispatch palice, f re and other emergency personnel based on established Department
policies and procedures, and routes calis ta apprapriate persons, �
Essential Functions af t 8 PBSi '�
Answers telephanes and dispatches appropriate emergency personnel when required.
Answers incoming telephane caIis and takes appropriate action(s} based on estabiished Deparhnent policies and
procedures
--Provides and transmits preliminary information on crimes reported, fires and medical emergencies, and other
requests for services.
--Provides and transmits updated information and emergency messages on all fire calls or long-term police
events. '
--performs necessary computer data entry tasks for police and fi're events.
--perfprms motor vehiele and driver's license c:i�ec:l:s, etc,, and relays information to palice officers.
Enters and retrieves crime inf'armation from computer.
Maintains logs of daily serviee requests.
Answers 911 #elephane lines, Answers TDD cails from non-verbaUDeaflFirelPalice tele�hane lines.
Closed circuit teievision manitoring of
-•Setected City Hail and Poiice Department hallways.
--Jail.
--Booking room.
--City HaII and Police entrance%xits.
Performs ather duties ar�d responsibilities� as apparent or assigned,
Examples of Performance Criteria
Comgleted work within time expectations
--Ability to retrieve preliminary information within minimum amount of time.
--Ability to handle emergencies within established policies and pracedures and dispatch appropriate emer{_ency
personnel within a minimum arnount of time. '
Examples of Performar�ce Criteria (Continued)
Successfully completed work relative to quality �
--Feedback (both positive and negative) from citizens and police personnel relative to quality of work (consider
number, amount and extent of comments).
-�Ability .to speak clearly and concisely and to communicate in an effective, tactful and courteous manner.
--Abilii.y or inability to remain calm and effective under stress situations.
iV[inimum nualifications
Ability to dispatch appropriate emergency personnel using dispatching console.
Ability to operate computer terminal.
Ability to type with speed and accuracy.
Ability to react in stress situarions in a manner that facilitates proper implementation of the dispatch function.
Knowledge of correct telephone procedures and etiquette.
Abiliry td speak cleazly and concisely.
�esirable Oualifications
Knowledge of law enforcement and fire department policies and procedures.
Working knowledge af City geography, including familiarity with nonconforming streets.
Prior dispatching experience.
�u�ervision of Others
None
li
�ljdcivdis.doc
i
�
.'%`osi.tion Ti.tle
� Department
;
� Accountable to
(
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POSTTION RESPONSTBILITY WRITE-UP
Crime'Prevention Coordinatar
Police
Division
Lieutenant - Special Qgerations
Primarv Objective of Positian
Date Navember 1991
Police.Operations
To aaarda.nate crime pzaveation activities and programs, exis�ing program
maintenance, new program deve3apment; and Co establish and maintain a professianaZ
warking relatianship i+rith the commcinity on behalf a£ the Bl.oamington Folice
Department.
� Ma'iar Areas af Accauntabilitv "
Develaps crime prevention programs for single and multiple housing units.
1'lans preventative action to keep paee with changing trends in crimes with respec�
to bath persons and progerty. �
Promates, monitors, and evaluates particigatian in the Yeighborhaod Watch Programs
to ensure p�rograms mee� the needs of the residents.
Acts as a resaurce ta the couimunity an crime prevention mattezs.
Devel.ops anci pres�nts educational. pragrams for the community through various media,
including cable television. '
Recruits and trains volunCeers.as nesded. Use citizen initzative in deveiapment oi
new programs as needed.
Provides arime prevention training for staff persons of mul�iple-dwelling housing
units and for Police Department staff.
Develops andjar revises crime preventi.on materials.
Collaborates with community agencies, city atzd schools in getting informatian aut ta
neighborhoods about services available within the city.
� ��
Researches.resources available to citizens on a.vari.ety of issues. ;,;,
Develops management information systems to maintain crime prevention files for each
Neighborhood Watch graup.
Develops computer grograms to track residential crizne and a notification system oi
delivery to neighborhoads when warranted.
Participates in crime prevention training to mainCain certifxcation and to keep
abreast of crime prevention i.ssues.
�cts as primary liaison beCween the :Veighborhood i,Tatch areas and Che police
depar�ment.
Examoles of Pezformance Criteria
--Fositive warking rela�ionships are.maintained with the public and city staff.
--Keep inforrned af crime prevention mat�ers and recommends new policies and programs
which'will s�rengthen the Crime Prevention Prograsn.
-•Image crea�ed for the Police Department by contacts with tha cammunity and police
s�aff is favorable.
�,inimum Qualifications
High schoal graduate ar equivalent.
One year experience in crime prevention with public co�tac�.
Knowledge af seauri�y hardware, proCective systems, internal securi�y systems and
related matters,
Ability to deai with con£idential in£ormatian.
Abiiity to develop and implement cammuni�y oriented programs, i.e.: safety and crime
prevention. .
Crime Prevention Practitioner Caurse certificate issued.by BCA.
)esignatian as a CCPS-Certi£ied Crime Prevention Specialist.
Ability to communicate effectively both oraliy and in writing.
Experience in making public presentations.
Desirable Oualifications
Working knowledge of and skill in �he use of compu�er, word processing, da*a entry
and desk top pablishing. �
,
Experience in working with variaus media.
Sunervision of Others
Nane
ti
POSTTION DESCRIPTION
Position Title Animal Warden ate September 1994
Aeparhnent Police iv' ' Animal Control
Accountable to �ommander of Administration
, Primary Obiective of Position
, �
' To perform aIl work necessary to maintain an effective animal control function within the City of Bloomington.
This work shall include enforcing animal related laws, providing citizen information regazding animal control
and maintenance, performing all necessary work associated with maintaining the animal kennel in a clean,
effective mauner accessible to the public during reasonable business hours.
�ssential Functians of the Position
Schedules work as required by supervisor and detemunes priorities.
Provides enforcement of laws regarding ani.mals
--Provides information regardin� the enforcement of laws pertaining to the licensing of animals.
Captures stray animals by usin� various approved techniques and devices.
:nvestigates animal complaints.
Maintains the animal kennel operation �
,--At least one daily cleaning of individual cages, all floors throughout the pound and the kitchen area.
--Maintains necessary supplies and materials.
--Submits requisitions aiong with price quotes.
--Prepares monthly billing to contract agencies and monthly statistical reports.
Receives animals at the pound
--Responsible for identifying/notifying owners of impounded animals.
--Maintai.ns proper identification of animais. .
--Separates ani.mals according to, size; checks animals for sickness, infestations, injuries.
--Feeds and cares for sheltered animals. .
--Shows animals at pound to owners or prospective buyers. �
—Keeps Lost & Found log and list of people interested in adopting up-to-date.
:il
—Assists the public in purchase or redemption of animals and screens potential owners.
Detemunes disposal schedule and method of all animals
�--Assists in disposal of animals in the prescribed manner.
j—Delivers quarantined animals which have died to the Minnesota Department of Publi,: Health for examir.�cior.
I for possibl� rabies.
��:aincains ncme card file, animal bite and wamir.Q ta� repo:�s and rec.�rds
--�esponsible for i:otification of public service departm�nts. aaen.:ies iz�_zrdin�,; -���z::;::::'. .iai:_:�
�;�entiat Funetions of the Position (Continued)
Picks ug and inventories recavered bicyctes.
Maintains animal control vehicles.
Performs other reiated work as required.
��e. - � '�r+�s�_� r '�t-
Successfully campleted assignments reiative to quality of work.
--Awareness, understanding and enforcement of state Iaws and Bloomington ardinances regarding the licensing,
treatrnent and handling of animals.
--Demonstrated ability ta handle azumals in a grofessional and humane manner. •
--Feedback {bath posztive and negative) fram citizens and police personnei, and other animat wardens, retative
to quality of wark (consider number, amounc and extent of comments).
--Ability to communicate in an effective, tactfui and courteous manner.
--Quality �of cleanliness of aiumal pound as well as timeiiness of work.
--Compieteness and accessibility to all animal control files.
--Quality of the maintenance of anisnal contrai vehicies.
_.[ittimum ualif,�cations
--High school graduate or equivalen�. . . . � �
--Knowledge of animai cantral ardinances; the awareness, understanding and enforcement of same.
--Ability to drive auimal control vehicle sa.fely and possess MN Glass "C" driver's license ar equivalent.
--Ability to lift, contral and feed dogs, cats and other animals. �
--Ability to work a flexible schedule inciuding eveni.n�s, weekends and holidays. .
--Abiiity ta type accurately.
--Ability ta keep records and prepare and write reports.
—Ability to wark unsupervised and exercise independent judgznent in accomplishing assigned azzd related
activities.
--Ability to deal with a variety of persons in caardinating effarts in an effective, tactfizi and courteaus manner.
--Ability to plan and prioritize wark assi�rnents.
—Abiliry to react ta stress situations and adequateiy perfarm the animal cantrai function.
--Demanstrated sensitivity to the ciiizens in deating with the problems that arise in aniznal control.
--Demonstrated sensitivity to the problems of animals in an urban environment and a genuin.� cancern for
animal welfare.
Su e�rvision af Others
��one
�
i
� , - � POSITION RESPONSlBILITY WRITE-UP
r , ..
IPosition Title property Control Clerk
� �enartment police Div� °n
Accountable to Lieutenant of Administration
Date August 1992
Services
Primary Objective of Position
To maintain accurate records of the "chain of possession" of property, securely
storing it and disposing of it as assigned.
Essential Functions of the Position
Receive� inventory, catalog, store and safeguard all classifications of property
Stores all property to insure immediate availability and accessibility when needed
On a scheduled basis, follow-up on final disposition of property
--Interface with personnel of the Investigative Division and City Attorney's Office
in determining disposition of property
--Use the municipal court computer
-Prepare property fo� auction
Clean and maintain interior of property room and police garage
Performs other duties and responsibilities as apparent or assigned
c
�
:u
I -
I
t
Examvles of Performance Criteria • �-
�uccessfully completed assignments relative to quality of work �'
--Abilit or inabilit to insure the "chain of ossession of " �
Y y p property is not broken
--Amount of time required for retrieval of property
--Quality of inventory control records of property '
--Prompt execution of assignments
Minimum Oualifications
Minnesota Class "C" driver's license
Ability to keep complete and accurate records
Knowledge of and ability to use computer hardware and software
Knowledge of inventory control procedures
Ability to deal with confidential information
�
:�nowledge of occugational hazards and safety precautions
� �
•sirable Oualifications
Knowledge of court process and evidence processing, criminal code� and law
enforcement operations -
�
Sunervision of Others
Yone
0
• �,
�
�'IT� of W(JC�DBURY
POLICE DEPARTMENT �
AC��ELE�A�'�EI? RECRI�1��'N�EN�' PRQGRAM'
The City of Woodbury recognizes that there is a problem recruiting quality
candidates for police officer positions. The City also recognizes the value of having a
d'zversified wark force. Therefore, the City will utilize specific recruitment e€forts to
identify quality female and minority candidates while maintaining a hiring pracess
that does aot provide special consideration to any particular candidate.
In order to address these issues, the City Couacil is creating a program to help the
Police Department identify and recruit the best possible candidates for police afficer
pasitions. This program will be known as the Accelerated Recruitment Program.
The City of Woodbury provides equal employment opportuniries without regard
to race, color, national arigin, sex, religion, age, sexual orientation, or disability.
Further, it is recagnized that police officers have special powers and duties. The
sensitive nature of police work mandates that the best, most highly qualified persans
be selected for poliee officer positions. As such, the City of Woodbury will make a
speciai effort to ident�y and recruit those cand`zdates that best exemplify those
qualities that are deemed essenrial and desirable for serving the citizens af
Woodbury. It is further recogni�zed that there is intense competition a.mong cities in
Minnesota to hire those exemplary candidates. Therefore, the City of Waodbury, as a
matter of palicy, will pravide special assistance to thase candidates, if needed, in
order ta recruit them to Woodbury.
Specia2 emphasis will be placed on recruitment af female and minority
candidates. However, an�candidate wha has been identified as having those quatities
that e�cemplify the values and characteristics identified in the Organization
Philosophy of the City of Woodbury ( We HII.F} may be given assistance so as to be
hired as a poliee officer. . �
There are two major campanents to the program. 1} identiiication of targec
candidates; 2} recruitment of those candidates.
ACCELERATED REC�UIThgNT PROGRAM
IDENTIF�CATION
The burden of identifying target candidates will rest with the Patice
Department. Normal channels of identification will cantinue to be utilized, i.e.
the . N�innesota Police Recruitment System or intemal testing procedures. These
channeis inay be successful, however, past experience has shown that these
mechanisms rely heavily on rhance and do nothing to promote the desirability
of warking far Woodbury. C?ther, mare proactive approaches are cleariy
necessary.
, The Police Deparanent has established contacts with police educatian
institutions to help identify exceptional candidates. These efforts will contznue
but will be intensified by working with instructars, not just administrators.
The Police Department will also contact other education institutions,
particularly thase having paramedic programs.
Recruitment for Cammunity Service Officer posirions with the City wili
aiso be �iritensified and promoted as a mechanism to idenrify persons to
advance to police officer positions.
' A closer relationship will be esta�lished with the Minnesota Police
Officer Standards and Training Baard (POST) to identify successfui recruitment
programs and help Woodbury became more visible and attr. active to students.
RECRUITMENT
The purpose of the "recrnitrnent" program is to identify measures that
will helg potential police off'icer candidates become familiar with the City of
Woadbury an.d promote rhe benefits of working for the city, In some instances,
recruitm.ent will inciuded incenrives that are not normally given to
applicants. These incentives will be reserved for th�se candidates that
demonstrate exceptianal�qualities and attributes deemed desirabie by the City.
Recruitment will have the foilawing components:
* Promor�on of the Ci�y
* Ide�cation of Candidates (see above)
* In�'e�ttves for exceptional candidares
Promo�ional Effarts
�
Given the high amount of competition among communities for poiice
officer candidates, those communities that do not take extra efforts to promc�c�
their community will leave their hiring process up to chance. Clearly, the js}h
market mandates that communities must be proactive in their hiring effortti.
Woodbury obviously has a lot to offer new employees. We need to comrnunir1�t
this to prospective police c�fficer candidates. Alsa, we need to identify those
factors� that are importa�lt to applicants when choosiflg an employer.
��
;
ACCELERATED RECRUTFMENT PROGRAM
Woodbury��n.ust�pubiicize those factors it possesses and seek to obtain or
provide thc other inducements which candidates find attractive. �
Far instance, i.n the early 7Q's, the Burnsville� Police Department was
viewed by many candidates as the best place to get a jah as a pt�Iice officer.
This was not broadcast in the media, but was well known among candidates
interested ia a police career. Burnsville was aa affluent suburb with high
growth patentiai. Their police department was. recognized far its i.nnovative �
programs, trai.n.ing oppartunities, and high p�y. Bumsvilte hired only�
� candidates with Bacheiors degrees and sometimes got candidates with Masters
degrees. They got the best because they had the best to offer. Woadbury is
simi2aF to the� Bums�rille of the early 70's. We need to buEild on our.qw�Iities
and broac�cast them to the pplice applicant com.munity. .• ' ' �
In 1988, there was a study conducted in California ta zdentify why
pe�ple chose to become police o�cers and wrhy they chase one degartment
aver another. The three most impartant factors listed for choosing a
.- department were: reputation of the department, salary, anc� training
opportunities {in that Qrder).
t�lhile salaries for police officers are somewhat stand�-d across the Twin
City area, we have last tw o candidates in the last year and a haIf due to salary.
Both candidates were pereeived as very desirable and job offers� were made.
Other suburban departments aiso made job offers to these candidates which
they accepted. When asked why they chose the other departmen�, both
candidates said that ti��ey liked Wot�dbury, but they aiso like the other
community and the ather community o€fered more moneX.
We then checked salary figures and found that while our top salary was
in Iine with most other metro communities, there are a n�mber of
cnmmunities that have raised their starting sal.ary above the metro norm. �ur
lower start�ing salary cost the City twa good candidates,
At this time, "reputatian" and "training" in the Woodbury Police
Department are assets. Most new candidates, officers fram other departments,
instructoFs,,etC., have eommented an the reputation of the Woodbury Police
I7epartment and its training oppartunities. We need to monitor these facxors,
but they�qr.�iat seem to present a problem at this time.
A i�.�uitment video wi11 be produced to supplement the recruitment
brochure:'TI�s will be distributed to all appropriate educatianat insti�ution.s
and othe� organizationslagencies to promote the City of Woodbury to potential
candidates. The recruitment brochur� will be audited each year for changes to
reflect imparavements in iNoodbury's appeal to candidares.
A standing committee comprised of a sergeant and at least ane patrol
officer will be created to explore future promotional efforts for the Palice
L7epartment.
-3-
ACCQ.ERATEQ RECRUITMENT PROGRAM
• Incent%e"s.' •
,., . ..
Once "target" candidates are identified, the Police Department must
determine if• "incentives" will be necessary to obtain a commitment from the
candidate. We will not attempt to identify all the various incentives that may
be offered tn target candidates. What is important to one candidate may not
interest another. Candidates will be intenriewed separately in an attempt to
identify incentives that could induce the candidate to commit to Woodbury.
Listed below. are some incentives that may� be offered to target candidates:
* Employment in a non-police position while the candidate attends
. necessary schooling (CSO, Investigat�ve Aide, ete.).• �.
* Monetary stipend while candidate is attending necessary. schooling.
* Tuirion for attending necessary schooling. ���
* Moving expenses for non-resident candidates.
* Lateral/Accelerated Step entry (h�igher starting salar�).
* Ac�elerated vacation schedule
The following process will be followed when a potential target candidate is
identified. � -
1). Interview. The candidate will be invited to an interview with the
Chief of Police. The candidate will be given a recruitment brochure
and other information which promotes the benefits of working for
Woodbury. In turn, the Chief will attempt to determine what
incentives, if any, are necessary to get the candidate to choose
Woodbury as a place to work. No job offer or commitment from the
citx will be made at this ti.me. '
2):�'.GSirv Administrator Conference. The Police Chief will meet with the
.�,City Administrator and Assistant City Administrator to discuss the
�'target candidate and develop a job offer package. . ,
3). Corrtracr. The Chief will meet with the target candidate and'"present
the City's job offer package. If the candidate accepts the offer, a
contract will be signed in which the candidate agrees to work for the
city for at least three ( 3) years in exchange for the employment
package. The contract will be void if the candidate faiIs to meet the
hiring criteria established by the Minnesota Peace Officer Standards
and Training Board and the City of Woodbury. The contract will als��
be voided if the candidate otherwise becomes disqualified for a poli�•�
'�
. «
ACCELERATEf}' RE�RT��i'M'L?�1T PROGRAM . '
#. •.' : � .
. � M` • , •
� � ���
'. of,f�cer �sition, i.e. convicted of a felony or other violation of POST
eligibi�i.ry requirements, or if the candid'ate fails classes or is removed
. from school, .
4}. Hiring erireria: Prsor to act��ally being hired as a Police Officer.
. the candidate must pass the same testing/hiring procedures as any
other .candidate as established by the City af Woodbury and the PQST
Board.- The candidate may, however, be� l�irec� in a civilian position
- without takin$ the police officer testing pracedures. Whi.le tne
Woc�dbury City Council approves a I� poli�e afficer hirings, all target
candidates identified for hire, in a civiliah pasitic►n will be r�viewed
wi�h the City Council. � ' . � •
The City has complete' discretion in determining whether or
noi to grant incentives to any candidate. , �
A target candidate who receives incentives will be required to:
1. Sign a contract with the City of Woodbury as indicated above.
2. Work as a Community Service Officer with the City of Woodbury while
completing histher degree in law enfarcement. '
3. Maintain a"C" average in grades whi�e attending law enforcement school,
4. . Become Peace Qfficer Standards and Training eligible with the State of
- ' Minnesata.
5. Wark as a futi-�ime police affitcer �or a perifld of three (3 ) years after being
licensed by the State of Mi�nesota as a�eace officer.
The target candidate will be obligated to� reimburse the City of Woodbury for any and
all payments made by the City toward the candidate's tuition and books under any of
the fallowing conc�tions:.. .
1. Failure:�r;�ec�ame licensed P.45T eligible as 'a Minnesota Peace Off'xcer within
Lwel'v.c���'��`manths of completing a degree in law enforcement; '
Z Termiizat3on from the positiQn as CSO far poor }ob performance; � .
� 3. Termination from the position as CSO for misconduct; ��
4 Convictian of a crime or other activity which would prevent the candidate
frarn abtaining a Iicense as a peace officer from the POST Board;
5. Failure to meet the requirements for a promotion to the position of poiice
officer with the City of Woodbury after completing a degree in law
enforcement; - �
ACCELERATED RECRUITI�NT PROGRAM
r • a
6. Resignation from a promotional position as a police officer with the City of
� Woodbury prior to completing three (3) years of service in that position;
7. Terminarion for misconduct as a police officer from the City of Waodbury
prior to completi.ng three (3) years of service in that position.
The target candidate who receives incentives musr acknowledge his or her
understanding that. there may be no openings for the' position of police off'icer upon
completion of the�law enforcement program. The City will� retai.n the candidate as a
CSO until� a police officer positio� with the City becomes available if the candidate is
performing acceptably. The lack of an available position wil� not alter the recipient's
obli�garion to either. . _: ' �
1. Serve three .( 3) years as a police officer with the City; oF
2. Reimb�rse the City for tuition and books paid by the City.
The candidate must serve tlie three (3) year period as a police�off'icer with the
City of Woodbury immediately upon becoming POST eligibte as a police officer if a
position is available. If a position is not available, the candidate must accept the first
available position offered by the City. In the event the candidate does not accept the
frrst available position after becoming licensed, the ob�igarion to reimburse the City
for tuirion and books becomes effective according to the following. sched�ule: �
10096 reimbursemenr for refusing on ofifered position� during the first
year after becoming POST eligible. ' �
504fi reimbursemenr for refusing an offered position during rhe second
year afrer becAming POST eligible.
No reimburse.menr is required if a police o�cer position has not been
offered after two years subsequent to becoming POST eligible.
If, under the terms described. above� the candidate is requirec� to repay the
amount expended .by the City for tuition and books, said amount shall be paid to the
City in full with'i�i� one hundred and twenty (120) days of the event �riggering the
necessity for Fepayment. The City Council may, at its sole discretion, allow additional
time for th� �a�i��clate ta repay the amount due. •
The Police Department will keep detailed record�s of all testing/hiring
processes. In particular, all efforts at recruitment will be documented and kept on
file in the Police Department and in the office of the Assistant City Administrator.
Such documentation will provide justi�cation for any incentives for candidates an�
will demonstrate consistency and fairness in the hiring process.
�
:.
i i�i i � • :E :
February 2, 1996
To: Mayor and City Cauncil
�3
From: Kevin Batchelder, Interim Ci.ty Admuustrator
Subject: Consider Offer fmm Teamsters Lacal. 320 - Public Works
DISCIJSSI4N
As Council is aware, 7udge I�:aren Asphaug, Districi Court 7udge in the Ist Judici.al
District, granted our motion for a Partial Surmmary Judgement denying the Teamsters claim of
unfair labor practices against the City and denying their claim to arbitrate a grievance over
work place hours. Since this Partial Summazy 7udgement, there has been na action on the part
of the City. `"
On Tanwary 16, i996, Mr. 7ohn Quarnstrom, Attarney representing the Teamsters
bargaining group contacted Mr. Kevin Rupp, our Attorney, to make an offer to settle the
Iawsuit. The City still has counter clauns against the Third Party Defendants tbat were not
settled by the Judge's partial summary judgement. Mr. Quarnstram's affer is.
1. The union wil1 agree to enter a written agreement not to pursue an appeal of the PartiaL
Summary 7udgement, at this time or any time in the future, provided:
a. The City will drop the claims against the Third Party Defendants; and
b. The City will a�ree to adjust the wark hours for the public works bargaining
unit to '7 a.m. to 3:34 p.m., for the duration af the e�sting contract.
The City Council should cansider this offer and discuss directing Mr. Rupp in his
response to the union's attarney. If the City decides to pursue our counter clai.�ms against the
Third P�rty Defendants, it wauld be necess��ry to begin a discovery and depasition process,
prior to a May 24, 1996 deadline for discovery. This is anticipated to be aa expensive
underl�aking.
The Council should nate the fallawing points. A pa�rtial summary judgem�nt carinat be
appealed without permission from the Court. On1y final judgements may be appealed. The
ne� step in this case would be the City's decision about whether ta pursue the counter claims
against the Third Party Defendauts. As pertains ta Item #l.b above, the judge has already
ruled in our favar that the hours of the workplace are at the City's sole discretion, that they are
not a matter for arbitration and that they are autside the language of the contract.
I recommend that aay discussion between the City and the union about the hours of the
workplace should not be linked to contracts, contract durations, or the settlement of this case,
and should be handled as a separate matter following any settlement or conclusion to this case.
The City's staace throughout this case, and the Judge's Order agrees with us, was that the
hours of the workplace are not a matter for contract bargaining or arbitration. .
ACTION REQUIItED
Consider Mr. Quarnstrom's offer and pmvide our attorney, Mr. Kevin Rupp, direction
on the appropriate response.
�
i '
' DEC-11-1995 11 � 59 F12�1
�!
r
STATE OF MINNESOTA
�
t,��� �.�,.,.�' �..1
Q528940 P.02
DISTRICT COURT
caurr�r� oF n�caTA FIRST JUDICIAL DZSTRICT
-..---,.-----,.-------------------------------�___________________
Minnesota Teamsters Public and Law
Enforcement Employees Union, Local.
No.320, '
Plaintiff, �RDER
AND PARfiZAL 3tiDGcLENT
vs. Court File No. C4-95-9071
City of Mendota Heights, a Mirinesota
Municipal cQrporation,
�
Defendant and
Third-Party Plaintiff,
YS.
Dave Sorbyt Fred Pfeiffer, Len Kanitz,
�3ohn Ne�ka, Terry Slum, George Noack, Jr.
and John Boland,
Third-Party Defendants.
r.
,
__,._�_______________________»------_________________________�_
The above-entitled matter came du3,y before the �onorable KarQr�
Asphaug, District �ourt Judge, on the 19th day of Oatober, 1995, a�
the Dakota county Judicial Center, City of Hastings, Gounty of
Dakota, 5tate of Minnesota.
John Quarnstromr Attorney at Law, appeared as counsel fcr and
on behalf of the Plaintiff and Third�Party Defendants. Kevin J.
Rupp, Attarney at Lasr, appeared as counsel for and ort behalf of the
Defendant and Third-Party Plaintiff. �
:r
8asec3 on all the f iles, records, and proceectings herei�n,
IT I3 GRDERED:
Z. Defendant's motion for Par�.ia•I Summary Judgement� is
GRANTED . �� •-• -
� j� i t �—� �rt I j� � �'ded;�`�; L.,Z..,,_�x!
} i .., �. �„ -- .t� :' - � O� '.`'�
�i �- -= :.. :,: : � � � � i � �-.�,�. �:: :�. �. r��•s, �.; :��
a � ��
�I}�C-11-1995 11�S9 FRGM TO 4528949 P.03 � �
2. P1ain�ifE's motion for Partial Sumiaary �udgement is
DENIED.
3. The fallowing memorandum is incorporated by reference and
shall constitute the findings of fact and canclusions oE' law on
�.
this matter,
DATEA: December 6, I9S5
BY THE COURT:
1�� /2'�,�1
KAREN ASFHA G
District"�Court Ju
, PARTIAL J�TDGMENT
2 H�REBY GERTIFY 2HAT 2'�IE AB TES THE PARTIAL 3UDGMENi 0�
?�£E COURT» ROGBR W. SAMES
DATE: DECEMBER 6xli 1995 COURT A]aMINIST xOR
{ SEAL� BY ��'��"�:���'`�h.,.!
MEM4RANDCiM I3EPUTY CLERK
�
A. Factual aud Procedurai 8ackgrauad
Prior to March 4, 1995� Defendant rout3nely scheduled Pubiic
Works Depar�tment empicyees (t'employees'�} ta wark four nine-haur
days {Monday throuqh Thursday} and one four-haur day on Friday.
Defandant decided to change the schedule because Defendant did nat
have its maintezzance neads effeatively addressed over the extended
KeeKend. On March 4, 1995, a straight, eight hour day workweek was
.
implemen�.ed. On February 2, 1995, the employees filed a grievance
over the change in their wcrk schedule. -�
Plaintiff initiated attempts ta arbitrate the mafi�er. On
March ?, 1995 Plaintifg, through its attorney, issued a ietter
indicating that unless the City proceeded to arbitra�i�n vn the -
matter, a lawsuit would be pursued unde= Minn. Stat. § 179A.23. on
March 8, 1995 Defendant, through its attorn+�y, informed P3ain�.iff '
� ��D�EC-i1-1995 12�00 FRQ�1 TO 4528940 P.04
cf its intent to decline to par�icipate in arbitratian.
fln March 15, Z995 Piai.ntiff served a summans and complaint
alleging an unfair labor practice pursuant to Minn. Stat. §
179A.13, Subd. 2(l) , (2) , and (6} and Mir►n. Stat, § 179A.25.
Plairitiff has requested the Court to orde= an injunction and issue
an order requi=ing Defendant to arbitrate the grievance.
Defendant fil�d a motion for par�ial summary judgement on
Plaintiff's claiia that Defendant committed an unfair labor practice
, and denied Plaintiff indegendent review by refusing to arbitrate
rP2aintiff's grievance. Plaintiff fiied a counter motion seeking
partial summaz-y judgement an its claims,
e. summary Judgment
Summary judgement shall be rendered when it i� shown that
"there is no genuine issue as to any ma�erial fact and that either
party is entitled�to judgment as a matter of 3aw." Minn.R.Civ.P.
56.03. The purpose oE summary judgment i.s not resolve disputed
issues of fact, but mere2y t�o determine whether there are
2egitimate fact issues requiring trial. �tord v. xerrei.d, 305 N, W. 2d
337, 339 (Minn. 1981�. 4n a motian for su�mary jud�ntent, the
evidence must be viewed in the light mast favorable to the non-
moving party. �auter v. Sauter, 244 M:inn. 482, 484-85, i0 N.W.2d
.. � .
35x, 353 (1955). • „
2f the �aoving garty makes out a prima facie case that summary
judgment.is prcp�r, the burden shifts ta the non-moving party. _
�heile v. Stich, 425 N.W.Zd 580, S83 (Minn. 1988). A non-moving �
party may defeat a prvper3.y supported moti,�on _for summary judgment
, DEC-11-1995 12 � 0t�1 FROh1
TO �fJG41.�-Tc.r .
�
onlg by presenting substantial affi=mative evidence that a factual
dispute exists. Car2isie v. C�t� of Minneapolis, 43? N.W,2d ?12,
725 (Minn.App. 1989}. A genuine issue of material fact remains
only if reasvnable person could differ about the existence of the
.� .
fact. ,� 1'no3,.s Farmers inc v Ta�emark Co , 273 N,W.2d 630, 633
(Minn. 1978). Final,2y� the maving party is enti.tl.ed to summary
judgment as a matter of lau zE the non-moving party completely
fails to grove an element that is essential tv the non-maving
party's case, and for which the non-moving party wiI.l bea= the
� burden of proof at trial. celotex Coz�i. v, eatrett, 4?� U.S. 317,
r
322-323 {1986).
�'.
C. IIafair Labor Practi.ce
Plaint�.ff ' aZleges Defendant committed three ��unfair labor
practices" under Minn. Stat. § 279A.13, Subd. 2, 5ubps. (1�, (2)
and (6). Plaintiff also a23eges a violation Qf Minn. Stat. §
1?9A.25, In substance, the four allegations by Plaintiff refer to
Defendant's refusal to arbitrate the grievance regarding the
schedule ch�nge.'
The Minnesota,Supreme Court has decided that a refusal to
arbitrate is anly an unfair Iabor practice "when the parties
IPlaintiff speca.ficall.y alleges Defendant comm.itted n unfair
labor practice under Minn. Stat. § 179A.13 by refusing �o strike
names. Under Minn. Stat. § I79A.13, Subd. 2{2j, P2aintiff alleges
Defendant dominated or zaterfered with the existence or
administration di the Union by refusing to arbitrate. Under Minri.
Stat. § 179A.13, Subd. 2(6}, Pla,intiff alieges Defendant cammitted
an unfair labor practice by refusing to comply with the grievance
procedure set forth itt the Labor Agreement. Finally, under Minn.
Stat. � 179A.25, Piaintiff a22eges Defendant committed an unfair
labor ptactice by not submitting to an independent revi.ew of the .
grievance. r
t�I3�C-11-1995 12�01 FROM � TO 4528940 P.06
evinced a cZear intent to arbitrate a controversy arising out af
specific provisions of the contract. �� i�+Iinnesata £ducation
�ssociation v. 2.S.D. No. 495, 290 N.W.2d 62'7, 631 (Minn. 1980).
The particu�.ar grievance at hand is not a dispute �rhich cl.early
ialls within the scope of the.arbitration clause in the I,abor
Agreement. Articles =X and V af the Agreement sta�e that the
employer has so3.e autharitv in establishing work schedules. Also,
Articie XX makes it cl.ear that alI prior agreements and practices
regardinc} terms a.nd canditions of employment ara `superseded by the
y Agreement. These provisions of the Labor Agreement show that the
dispute at hand can be construed to £all outside the scope of the
�'.
arbitration clause. Therefore, Aefendant's refusal ta arbitr�te is
.
not an unfair labor practice. •
D: Co�apel2iaq Arbitration
'1'his court finds the pieadings sufficient to ailow PZaintiff
to go forwa�d with it�s mo�ion to compel arbitration.2 When
considering a motion to compel arbitration, the caurt�s inquiry is
limited to Whether a valid arbitration agreement exists and whether
the dispute falis within the scope of the arbitration agreement.
�,mdah� v. Green Giant co., 497 N.W.2d 339, 322 (Minn. Ct. App.
1993j. The test for determininq arbitrability af a grieva�ce issue
is set forth in Minnesota Educatian Association v. Independent
x Even thaugh the Complaint does �nat specifically reference Ch.
572 ot Minnesota statutes, Uniform Arbitration Act, F2aintiff did "
request ax� Order of the court requiring Def endant ta proceecl with
arbitratiQn. �rthe.r, I7efendant has acknowledged it's aWareness
and knowledge of the motion to campel procedure set forth in the
Uniform Arbitration Act, and has presented argument assuming the -
motion to compei under $ 572 had been offered.
� Ii�G-11-1995 .12�01 FRi�M TO 4526940 P.07
0
G
Schoa3 IIistr�.ct No. 945, 298 N.W.2d 62�, 629 {Minn. 1984}, quoting
from, Atca� v. Credi� C�.earinct Corg. , 197 N.W.2d 448, 452 (1972) .
It is as fall.ows:
., .
(1} ' If the parties ev�,nced a clear intent to arbitrate a
controversy arising out of specific provisions• of the
contract, the matter is for the a=bitrators to decide and not
f or the cou=t � �
�
r {Z} If the intentian of the parties is reasonably debataa2e
as �o the scope o� the arbitration clause, the issue of
arbitrabil%ty zs to be ir�z�ially determined by the arbitrators
subject to the rights c�f either party reserved under Minn.
stat. � s?2. i�, su�, i{�} ���� ; oz
(3} if nc agreement to arbitrate exists, either iri gact ar
because the controversy sought to be arbitrated is not within
the scoge of the arbitration clause o� the contract, the caurt
may interfere and pratect a party bei,ng compe3.led to
arbi�rate.
t as xequires arbitration when either o£ the first two catego=ies
are sati.sfied. Arbitration shaul.d b� compelled c�hen there,�is clear
contract language dictating arbitration and Where there is
ambiguaus contract language making the arbitrability of a matter
reasonably debatable.
Plaintiff's primary argument is that ArticZes I, V= and VSI of .
c .
• �I�C-i1-1995 32�02 FROPi TO 4528940 P,OS
�
the Agreement evince a clear intent ta resalve issues concerning
terms and conditions of the labor agreement in labar arbztratian.
Plaintiff asserts tha� the terms and conditions of the labor
agreement i.ancludes not only the expressed teirms of a document, but
the past practices of the parties. "The labor arbi.trator�s source
of law is nc�t confined to �he express provisians of the contract,
as the industrial comman lar.r -- th� past practices of the industry
and the shop -- is ecn.taliy a part of the callective bargainir�g
agreemerit alt.�ough nat �pressed in it.'t United_.Stee�, wa=kers ot
r America v. Warrior & Gal.f Navicxation Co. , 363 U. S. 574, 581-582, s0
S.Ct. 1347, 1352 �1,960j. If the Court does not find the parties
evinced a clear intent ta arbitrate this controv�rsy, Plaintiff
argues that whe�her past practices is an arbitrable subject is at ,
leas� reasonably debatable and therefore arbitrabili�.y should be
initia2ly determiried by an arbitrator.
iiowever, "Arbitration is a matter af contract and a party
canrzot be required to sul�mit to arbitration any dispute which he
has not agreed sa t� submit." 3d. at 1353. The garties can
nego�iate ta submit whatever disgute.they wish ta arbitrate,
including past practices. xn the case at hand, speci�ic pravisions
of the Agreement preclude past prac�ices from becoming part of the
Agreemen�.
First, the Agreement defines a TMg�tievance" as "a d,ispu�e or
disagreement as to the interpretatian or applicatian af t e
spe�zfic terms and conditions of this Aqreement,�� section 6.1 of _
the Labor Agreement (emphasis added}. This 3.anguage limits
grievances �a disputes over the interpretation of sgecific ,
• DEC--li-1'395 l2�02 FR'C�1
m
��
4528940 P.09 �
provisioas of the contract. Zt does not encompass an al.leged
dispute over a vague and general "past practice."
Secondly, the contract states as followss
,: .
Any term and condition of employment nat
specificalZy esta.blished or II14C�lf3t�2d by this
AGRE�IENT shall remain solely within the
@iscretion of the E1�iPLOYER to medify,
establish, or eliminate.
�
5ection 5.2 of the Labor Agreement. "Past practices" are not
�isp�cifically established'� by the contract, so they remain sutbject
ta Defendantls discretion and cannat be subject to the grievance
procedure. . _
Fi�ally, the cont=act states t2iat its intent and purpose is to
"specify the full and complete understanding of the garties" and to
TMplace in written fa�a the parties' agreement upon tenas and
aonditions df employment for the duration of the AGREEMENT,TM
Sections 1.3 and 1.4 of'the Labar Agreernent, The parta.es expressly
agreed by this language that the contract eacpresses and places into
wri�Ging aIl of their agreements. No binding agreements exist
outside of the contract. Accarding2y, no agreements or ':past
practicest' existit�g outside of the contract can be b�ndiitg cr
:,
sub�ect to the qrievance.
Furthermore, arbitration 'should not be compelled when _
specific contractua3 language states that Defendant retains the
"full and unrestricted right'� to establish Work schedules and that .
'� 'DEC-11-1995 12�03 FROM
. ' ,'
TO
4528940 P.10
c
Defendarit is the "sole autharity�� for work schedules. "Past
practices�� are on1.y used to .fil3. a void in a contract, i.e. gap
filler. United Stee workers, 80 S.Ct. at 1352 (��Gaps may be left to
be filled �in by reference to the practices of the particular
industry'and of the various shops covered by the agreement.) Past
practices cannot be used to contradict the express provisions of a
contract. In �n Re Law Enf. Labor Serv. � Citv of Crosbv, 497
N.W.2d 308 (Minn. App. 1913) , the Court reviewed a motion to compel
arbitration brought by the Union of a probationary police officer
�
, who grieved his termination. The arbitration clause of the
contract stated that employees could grieve claims that their
rights and privileges under the agreement �ere violated. Another
,
provision in the contract stated that probationary employees could
be terminated at the "sole discretion" of the city. The court
stated that "sole discretian gives the city freedom to act"�and
held that arbitration of the matter was not required. ci.�ty of
Crosbv, 497 N.W.2d at 311. As in Citv of Crosbv, the language in
the Agreement qiving the employer "sole authority" over s�rark
schedules precludes arbitration.
Sased on the foregoing, Plaintiff is denied summary judgment,
and Defendant is granted partiai sv.mmary judgment on Plaintiff's
ciaims that the City committed an unfair labor practice and denied
Plaintiff independent review by refusing to arbitrate Pl�intiff�s
grievance. .
�
�
0
CITY OF MENDOTA HEIGHTS
�� �
� February 1, 1996
To: Mayor and City Council
Fmm: Kevin Batchelder, Interim City �trator
Subject: MAMA Labor Relations Committee - 1996-1997 Subscription Service
DISCUSSION
The Metropolitan Area Management Association and the League of Minnesota Cities
offers municipalities in Minnesota the opportunity to subscribe to labor relations services that
are offered through Labor Relations Associates, Inc. The subscription would pmvide the City
with services in the areas of labor negotiations, consultations, employee compensation and
personnel matters. (Please see attached invoice and agreement.)
The subscription amount for Mendota Heights would be $2,942.00 for the period of
March 15, 1996 through March 14, 1997. Mendota Heights has not subscribed to this service
in recent years and we have not budgeted aay money for this service. The public works
budget does contain a small amount ($300) for labor negotiations, however, that amount was
not intended for this subscription. Were Mendota Heights to subscribe in 1996, the money
could be charged to the Lega1 Contingency line item ia the Administration budget.
ACTION REOUIRED
Consider the subscription to MAMA-LMC labor relations services for 1996 and
provide direction to staff regardi.ng participation in this program in 1996.
(Yletro�olitan Areca (Ylcanag�m�nt Affocication
of the Twin City Area
DATE: January 22, 1996
TO: Mr. Tom Lawell
City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118-4167
FROM:
SUBJECT:
William S. Joynes, City Manager, City of Golden Valley
Chairman, MAMA Labor Relations Committee
1996-1997 Subscription Service
i � �aN 2 6 �� -
U
....: _
.._.�.
._,...
��'`�•-
If the City of Mendota Heights chooses to subscribe to the Metropolitan Area
ManagementAssociation - League of Minnesota Cities labor relations subscriberservices
as described in the enclosed material for the subscriber year March 15, 1996 through
March 14, 1997 the amount due is:
$2,942.00
This amount is payable on receipt to the "MAMA-LMC Labor Relations Service". The
check should be sent to:
League of Minnesota Cities
Labor Relations Service
145 University Avenue West
St. Paul, MN 55103-2044
�
�
AGREEMENT BETWEEN
METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA)
ON BEHALF OF METROPOLITAN AREA AND
GREATER MINNESOTA CITIES SUBSCRIBERS AND
LABOR RELATIONS ASSOCIATES, INC. (LRA)
A. PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is to provide for labor relations services,
employee compensation analyses and personnei services to subscriber Twin Cities
Metropolitan Area and Greater Minnesota Cities and remuneration for such services as
outlined below.
B. SERVICES TO BE PROVIDED
1. For Cities in the Twin Cities Metroqolitan Area
Labor Relations Associates, Inc. - Principals and Associates - will not charge
individual subscriber cities for the services outlined as follows:
a. A Principal of LRA will participate with subscriber cities in any joint
negotiations and/or mediation involving two or more subscribers and a
common union representing similar bargaining units when the cities choose
to bargain jointly.
b. A Principal of LRA will consult with subscriber cities' elected and/or
appointed o�cials by telephone, letter, FAX, or in person with regard to
their individual labor relations, employee compensation, and personnel
m atters.
c. LRA Principals will provide subscribers with data maintained by LRA and
f as provided for by this AGREEMENT, make recommend�tions. as to
commonly used language to be placed in Labor Agreements, make
recommendations for initial City response to grievances filed by emptoyee
organizations, make recommendations regarding individual arbitrators in
, interest and/or grievance arbitration cases, provide recommendations with
regard to the general content of a subscriber's personnel policies and
practices, provide initial recommendations regarding responses to State
administrative agencies involving such issues as Workers' Compensation,
Unemployment Compensation, Veterans' Preference, Equal Employment
Opportunity/Human Rights, and Affirmative Action, and make initial
recommendations as to appropriate disciplinary action on a case-by-case
basis consistent with the requirements of 'yust cause" or the criteria
specified by State Veterans' Preference legislation.
d. LRA Principals will assist subscribers with their preparation of wage and
fringe benefit data, provide analyses of interest and grievance arbitration
awards involving subscribers individually or collectively, and provide
representation in individual subscribercollective bargaining and/ormediation
provided the issue(s) involved have potential pattern-setting impact on the
bargaining efforts of other subscriber cities.
e. A Principal of LRA will provide advice to assist subscribers in their efforts
to comply with the requirements established by the State of Minnesota
Local Government Pay Equity Act (LGPEA), Minn. Stat. Chapter 471 as
administered by the Minnesota Department of Employee Relations (DOER).
f. A Principal of LRA will provide general advice to assist individual
subscribers with their preparation of reports or analyses required by DOER
or the Minnesota Department of Human Rights (DHR) under the provisions
of the LGPEA.
g. A Principal of LRA will provide general advice to assist individual
subscribers with their preparation of any appeals of findings by DOER or
DHR under the provisions of the LGPEA. �
h. LRA will serve as liaison to various municipal officials' groups as directed
by MAMA.
LRA will maintain a data base to include current information for the job
classifications of police officer, firefighter, police sergeant (or equivalent),
and public works maintenance person (or equivalent). The data base will
include Stanton Group V, VI, and VII Cities with the following information:
Compensation (wage rates, longevity pay, pertormance pay, lump
sum payments and salary ste�ps);
Level of City insurance contributions for Health ar�d Life with
reference to Dental and Long Term Disability if applicable;
Uniform allowance;
2
• Educational incentive;
• Vacation accrual;
• Overtime pay;
• Court time compensation;
• Call back pay; '
• Standby time;
• Wage differentials (shift or assignment);
• Severance pay;
• Holidays;
• Injury on duty;
• Compensatory time;
� • Sick leave;
• Work/Shift Schedules; and
• Subscriber City Labor Agreements �
j. LRA will provide subscribers with information regarding significant labor
relations and/or personnel items on a quarterly basis.
In the performance of these duties LRA personnel will:
• Respond to telephone, letter or FAX inquiries from subscribers;
• Agree not to represent any labor organization during the contract
period;
• Maintain normal working hours;
�
• Maintain telephone and FAX facilities in the LRA offices; and
• Submit written monthly reports of services provided to subscribers.
3
2. For Greater Minnesota Cities
LRA personnel - Principals and Associates - will not charge individual subscriber
cities for services outlined as follows:
a. A Principal of LRA will consult with the individual subscriber cities' elected -�
and/or appointed officials by telephone, letter, FAX or in person in LRA
offices with regard to their individual labor relations, comparable worth (Pay
Equity) or personnel matters.
b. LRA will provide current compensation (wage, longevity, pertormance pay)
data for Greater Minnesota Cities with a population of 2,000 or more for the
police officer and firefighter job classifications.
c. A Principal of LRA will provide general advice to assist individual
subscribers with their preparation of reports or analyses required by the
Minnesota Department of Employee Relations (DOER) or the Minnesota
Department of Human Rights (DHR) under the provisions of the State of
Minnesota Local Government Pay Equity Act (LGPEA).
d. A Principal of LRA will provide general advice to assist individual
subscribers with their preparation of any appeals of findings by DOER or
DHR under the provisions of the LGPEA.
e. LRA will provide individual subscribers with one comparable worth (for
LGPEA compliance) scattergram analysis each calendar year based on
data provided to LRA by the subscriber.
C. EDUCATION: METROPOLITAN AND GREATER MINNESOTA CITIES
1. LRA personnel - Principals and Associates - will provide for all interested cities,
regional training opportunities dealing with supervisory issues, labor relations
issues and issues pertaining to State and Federal legislation.
We suggest that MAMA and the Greater Minnesota Cities establish an Education
Committee which will provide input and approval relating to content and location
of a yearly training program developed in concert with LRA.
�
Commencing in 1992, it would be the intent of LRA to provide reasonably priced
training opportunities at convenient locations throughout the State to enhance the
skills of City personnel in such areas as contract administration, grievance
handling, discipline, reinforcement and pertormance appraisal, and other subjects
4
t
m
as directed by the committee. We see this expanded effort as integral in
developing a consistent professional approach by City personnel to the burdens
we continue to face from labor unions and the dictates of State and Federal
legislation.
2. LRA will provide recommendations for educational programs for persons assigned,
by the subscribers, the responsibility of handling fabor relations and personnel
matters.
D. GENERAL PROVISIONS
1. Consultant Facilities and Services
In providing the above-stated services, LRA will maintain telephone and FAX
services in LRA offices and respond to inquiries from subscribers within three (3) working
days. LRA will also maintain the capacity to provide additional labor relations,
comparable worth (Pay Equity) and personnel services to individual subscribers either
directly or through subcontractors acceptable to LRA.
2. Consultant Remuneration
LRA will be remunerated for the services outlined above through the payment of:
a. A fixed monthly retainer fee; and
b. A fee based on hours worked by LRA Principals and/or Associates.
c. Work pertormed by LRA personnel for subscribers in addition to the
services provided for above will be billed at an hourly rate agreed to by
MAMA, Greater Minnesota Cities Labor Relations Committee, and Labor
Relations Associates, Inc. in addition to reimbursement for any direct
expenses incurred by LRA.
Items (a) and (b) above are subject to an upper dolfar remuneration limit each
contract year period. Any monies not expended in a contract year will be carried over
and be available for payment in following years. Item (c) above pertains to LRA billings
to individual subscribers.
The dollar amounts to be shown in (a), (b) and (c) will be set eacF� year of the
AGREEMENT based on discussions between MAMA, Greater Minnesota�� Cities Labor
Relations Committee and LRA.
5
� i �r . 1 •
This AGREEMENT shalt be effective March 15, 1994 and conti�ue in futE #orce
and effect until March 14, 1997. This AGREEMENT is subject to termination by either
pacty w�th the provis�on of ninety t9Q} days' natice.
� � • - f - •;
LRA Principais and Associates agree that they will not, during the term of th�s
AGREEMENT, represent any employee orga�ization. Nor will LRA Principals and
Associates represent any employee a�ganization for a peciod of two {2} years after the
termination of this AGREEMENT if #he AGREEMENT is terminated by Labor Relations
Associates, Inc.
FOR THE METROPOLITAN AREA
MANAGEMENT ASSOCIATION
J
,�.���.������
Dated this .3 day of
_��,���!�:��. ,�-�' /9�sf
FOR GREATER MINNESOTA CITIES
' �ABC}R RE�ATI4NS C�MMETt'EE
. . l�lli i.�. � _� - ..�
N. -� �. .
t� ��- __1�
..
0
FOR LABOR RELATIONS ASSOCIATES.
INC.
,-`
�:T/.%i ,�
�.
Da ed this `� day of
� , 199 s-�-�
l
Da ed this✓� day of
,�_�. '199�: �%
�
, «
�
�
2.
t
APPENDlX A
FEES: March 1S, 1996 to March 14, 199? -
MAMA SUBSCRIBERS
Po,pula#ion
Under - 5,00�
5,000 - 9,999
1 t3,000 - 14,999
15,000 - 19,999
20,000 - 29,999
Over - 30,000
GREATER MINNESOTA CiT(ES:
Paputation
Under - 5,000
5,QQ0 - 9,999
10,000 - 14,999
��,000 - ��,999
20,000 - 29,999
Over - 3C?,Q00
1996 - 1997 Fee
$ 1,696.fJ0
$ 2,377.00
$ 2,942.(JO
. $ 3,5Q7.q0
$ 4,073.00
$ 4,752.�Q
�
1996 - 1997 Fee
$ 1,357,Q0
$ 1,584.00
$ 1,922,00
�z,�s�.00
$ 2,377.00
$ 2,6Q3.OQ
3. Services provided by the Consultant which are autside the scope of this
AGREEMENT and which are provided to those c�ties participating in #he subscriber
service shali be billed at #he rate of $72.00 per hour for the 1996 -1997
AGREEMENT period.
4. Leaque of Minnesata Cities Fee
$ 3,923.Q0
f 1 i i • il �
i� i
February 1, 1996
To: Mayor and City Cauncil �
From: Kevin Batchelder, Interim City A � or
Subject: Sewer Rate Task Force Recommendations
Ia 1994, the Metropalitan Council appointed a Sewer Rate Task Force to analyze sewer
ra#e charges for munieipal sani#ary sewer use, the Service Availability Charge {SAC} fees aud
other sewer related issues that impact metxo area. municipalities and the Metropolitan Council.
The Task Far�e has made its recommendatians to the Metrapolitan Council and a series of
public meetings are being held to discuss these recommendati.ans before they go to the
Metrapolifan Council for considaration. {Please see attached invit.ation.)
The Tasl� Force is recomrnending #hat the Metragolitan Council fast track these new
proposals sa that they may be legislated in 1996 and so that cast allc>catian may begin in 1997.
Basically, the recommenda�.an is that sewer cost allocations be made based on actual flows
from a community rather that estimated flows. The pmposal would also eliminate the current
practice of applying value credits and charges from two years prior to current bill'ings.
Because the new cast allocatian system is based on actual flows fmm the previous quarters,
billings wauld fluctuate quarterly. Under the o1d system sewer billings fluctuated on an annual
basis. {Please see attache Fxecutive Summary and Preliminary Draft R�port from the Task
Force.)
The City Council should cliscuss the proposed changes in sewer rate cast allocations and
billing pn3cedures. Mayar Mertensotto was a member of the Sewer Rate Task Farce and can
provide an upda.te on the Sewer Rate Task Force's efforts and the rationale behind the
mcommendations. L�arry Shaughnessy, Treasurer, will be prepared to answer any questions
the Cauncil may have regarding sewer billing procedures and the potential impacts on the City
of Mendota �Ieights.
� � � � ; � 1r, �7
Discuss Sewez Rate Task Force Recommendations and consider a farmal respanse to
the Metropolitan Council.
Metropolit�n Council
Working for the Region, Planning for the Future
�
JAN 2. 9 1996
INVITATION TO A PUBLIC MEETING
ON THE RECOMMENDATIONS OF THE
SEWER RATE/COST ALLOCATION TASK FORCE
In 1994, the chair of the Metropolitan Council appointed a task force to analyze
and discuss the method, delivery and uniformity of sewer rate charges for
municipal sanitary sewer use, Service Availability Charge (SAC) fees, and
partnerships between communities and the Metropolitan Council on sewer-
related matters. The committee has completed its task, and in late February will
go before the Metropolitan Council with its recommendations.
We invite you to a public meeting to hear these recommendations and to
provide input prior the Metropolitan Council presentation. Enclosed with this
notice you will find a copy of the recorrimendations for your review. There are
three identical meetings scheduled. If you are interested in attending any .of
these meetings, RSVP to Sarah Kline, Metropolitan Council Environmental
Services Office of Communications, at 229-2129. Feel free to call with any
questions you might have. Upon request, the Metropolitan Council will provide
reasonable accommodation to persons with disabilities.
FEBRUARY 6, 1996 3:00 - 5:00 p.m.
BLOOMINGTON CITY HALL
COUNCIL CHAMBERS
2215 West Old Shakopee Road, Bloomington
FEBRUARY 7, 1996 2:30 - 4:30 p.m.
BROOKLYN PARK CITY HALL
COUNCIL CHAMBERS
5200 - 85 Avenue North, Brooklyn Park �
FEBRUARY 7, 1996 6:30 - 8:30 p.m.
� METROPOLITAN COUNCIL CHAMBERS
Mears Park Centre
230 East Fifth Street, St. Paul
230 East Fifth Street St. Paul, Minnesota 55101-1633 (612) 222-8423 Fax 229-2183 TDD/TTY 229-3760
An Equal Opportunlly Employer
�
�
Metrapal3tan Council
Working for the Region, Planning for the Future
En.vironmental� Seruices
January 9, 1996
The Hanorabie Curtis Johnson, Chair
Members af�he Council
Met;rop�litan Council af the �vin Ciiies Metropolitan Area
Dear Chair Johnson and Members:
Af�er more than a year of deliberations, the Sewer RateJCosiAllocatian Task Farce:.
concluded its deliberations and recommendaiaons on Jaauary 2,1996.-Apr�%nainar3c"i�raft _' -
x epart, including all appmved recommendations, is transmitted to yau with this le�ter. I
be�ieive we are proposing a thoughtfiil, high quality set of recommendatians for a very
importaut fiuiction. .
The Tr�sk Force ret;ammends fas�tracking the Sewer Service R.atelCost Allacation System
recommendation, prnposing the needed, technical state Iaw amendments in t,he 3996
.l�gislative sessiori, and prnceeding to �meet wifi� communitp gmups. We believe these
r�ccomsnendations will be�widely accepted and thai implementation shouid begin as soon as
possible. � '
Both the Task Force and the �:chnicalAdvisory Committee ogerated ou a conseasus basis,
so the recx►aimendations have the support af electeci afficials and staff from ihroughout the
metropolitan are�a. Z�vo notable factors duriug the pr�cess were the high level af
participation on both the Task Force and the Advisory Committee, and ths mutnal respect
which developed be�ween both gmups and MCES sta�:
Membera af both graugs will be pleased ta discuss our recou�mendat�ons further with you
and with comYnuaiiies and other groups during the coming weeks.
Sincerely,
.-----`,�
�1�a�
R,nssell H. Susag, P.E.
230 East Fifth Street St Paul, Minncsota 55101-1633 (612) 222-8423 Fax 229-2183 TDDj2"IY 229-3760
ein Err+�nt t3pporn�nuel Em?�.�+'
Committee of the Whale Meeting of January 11, 1996
METROPOLTTAN COUNGIL
Mears Park Centre, 230 East Fi£th Street, St. Paul, Minnesota 55101-1634
Phane (612j 291-6359 TDD{612) 291-09p4 FAX (612) 291-6550 Metro Infa (612) 229-3780
DAfiE: January 10, 1996
TO: � Chair and Members of the Commiitee af the Whole
FROM: Jean Ericksan, Acting I3irec�or, Management Services Dept., MCES, (229-200I)
SUBJECT:: Fast Track for Sewer S�ervice RatelGasi A�location System Recommendatzan af
Task Force, Committee Item #96-QQ1-E -
���if�1.�i,���i��- T��� . s -
ISSUE: The Task Force has recommended changes in the sewer service rateJcost allocation
system which require technical changes to state la.w. Changes in the c�ost allocatian system
must be made a year prior to implementation; that is, for the 199? cost allocation, changes
must be made by mid-2996. The Task Force recammends fast tracking this recommendation
ta permit impiementation. •
PQLICY IMPLICATI{JN': The changes simpiify the system and make it easier to
understand. They require cash flow management bath for ihe Cauncii and far communities.
FUNDING TMPLICATIflNS: Cash flow and fiznding in I997 and subsequeni years would
be affected. �
DISCUSSION: The recommendation would require.these technical changes to state law: l.}
to allow the Metrapalitan Council to bill customer communities based on actual flaw from
the community rather than the estimated flow; 2) to allow the Reserve/Contingency fiznd ta
be used for cash IIow purpases in addition to the cu.rrently designated uses for emergencies
and contingencies and 3} to allow current value credits and local government debt service
credits to be handled separately from the sewer service bills.
RECOi��1vDATIQN: It is recammended thae ihe Metropolitan Council accept the Sewer
Rate/Cast Aliocation Task Farce's recommendations concerning the technical changes to
state law and integrate them into the agency's 2996 legislative agenda.
Metropolitan Council
aewer Ra�es jCost Aliacation fiask Force
January 9, 1996
Pretimi � ary Draft Repart
This draft report incarporates the recommendations of the Task Force and summarixes the
research behind them. Daia on #he research studies will be included in the final report of
the Task Force and is available naw fram MCES staff in the Maaa�gement Serviees .
degariment. The fina� report w11 also detail the backgrat�ad and processes of the Task
Force and the T�chnical Advisary Cammittee.
�Generai principles�and critaria
During its deliberatiaus, tb.e Task Force developed and artictxlaied principles and criteria
which guided and shaped its decisions. These principles and criteria emerged as �he Task
Force s�died the Meirapolitan Z?isposal System, its rate policies and prior rate studies and
its rnte as pari of a pos�merger Cauncil. They are part af its recommendations to the
Cauncil. �
1. Partnership of communities and Council
Partnership is a strength of the regional system and shonid he fostered, Major Counci2
decisions oa sewer•related matters such as cagital prajects, budgets and rates will
benefit from partnership plaaning aad cliscussian.
2. Systemwide uniform sewerage rates
Systemwide uniform sewerage rates are the most equitable reflection of operating costs
in a system which is designed to maximize regionat efficiency. Unifarm casts
distributed on usage as measured by flow volume treat customers eguitably since flow
volume is the basis far cost distribution.
Ftu-ther, sewerage rates shauld be on a utility-like basis, reflecting only costs and
volume af usage. Rates should nat be used ta influence land-use patterns, to implement
social policies or to redistribute casts far some ather purposes.
3. More understandable ra#e structure and rate system
�'he current raie system is unduiy camplea, esgecisllythe cost allocation system. The
time and effort needed to e�plain and understand the syst�m has no net benefit�tAn
understandable, less complez rate structure benefits both customers and the Council by
elimivating wasted `�ate education" iime and freeing up time to focus on important
regional issues.
4. Na barriers to types of development
When setting impact fee (SAC) rates, the Council should consider their effect an
developmerit such as industrial development and affordable hausing and should set
rates sa these develapments are nat discouraged, con,sistent wit�. B'tueprint policies.
Sewer Rates/Cast Allocation Task Force Preliminary Draft Report -- Page 2
Task Force Recommendations
The Task Force recommendations address the following components of the rate structure:
• Sewer Serv�ice RatelCosi Allocation 5ysiem,
-- recommends a utility-type system with a single, estimated sewer service rate, and
alloc�tion based on actual use af �he system, .
-- current value and local gavernment debt service credits would be handled as a check ��
or an invoice, separate fraai sewer service billings. '
• Service Availability Charge; � � . . . - - . .. - -
-- recommends 5AC fund growth prnjects and a rate increase consistent with such
funding,
-- increases wauld be phased ia,
— the rate differential for communities withant interceptors would be phased out in
three years,
-- no change in Counal policy on SAC credits.
• Inflow and In�'iltration;
.-- recommenc3s a caordiaated prngram for I& I c�ntral and reduct.zon,
— certification ta communities regarding I& I in metropolitan faci.lities,
— no credits for clearwater.
• Indusiriai 5trength. System;
-- recommends a study of industrial strength rates,
— recommends an increase in industrial discharge permit fees to cover the cost of ensur-
ing compliance.
• MCES/Community Differences on Z1�chnaical issues;
-- recommends using alternative dispute resoluiion where there is mutuat cansent af
both parties.
The recommendations are detailed on the fallowing pages.
�
:,
Sewer RateslCost A!locatio» Task Eorce Preliminary Dratt Report -- Page 3
Sewer �ervice RatelCost Allocaiion System
Uniform Rate. Auniform sewer service rate is the most equitable way to
allocate aosts throughout tha Metrnpolitan Disposal System {MDS? for sewage
requiring a normai level of treatmen� because the sysEem is designed ta masimize
regiunal e�cieney aad regional water quality goals.
i�
�ince sewer�service areas were phased out in 1992, rates have been uniform throughout the
IVIDS. The Task Force rejects a retura ta the sewer service area concept, because dividing
the NIDS among geagrapbic service areas would not�be an efficient basis far system design
and engineering, for t.he cantrol of operating costs or far decisions affec�ing water quality. .
System conszderations, iavolving more than one former service area, have been involved in
mast of the major prnjects und�artaken in the MI?S over the past 20 years. An exampie of
system considera�ions is the new Souiheast Regional Tfreatment Plaat, now in #.he planning
stages. Key issues in the�plans which must respond tc► a number of systemwide
considerations include the selection af commwuties to be served, faciliiies included an-site
at the piant and wafier qualitq in the rec�iving rivers. For �rample, should a Southeast
Plant serve only custamers in Cattage Grwe and Waadbury? or serve Sauth St. Paul area
communities too? ar treat an additiana134 mgd af Metro Plsnt flow ithus avaicling
additional +�xxpansions and dikes}?Additionally, should a Southeast Plant be a full-service �
plant which treats soliiis? or shauld solids b� txeated for same time at Mefxo? Finally, how
wauld water quaiitp in fi,he receiving rivers be affected by vaiying treatment flows at a
Sou#,heast Plant v a Metra Plant?
Given system considerations, it would be ine�icient and nonpraductive to return to a
multiple rate concept.
B�sis of R�tes. Sewer service rates aad charges to communities should be a
prace-based system on a utiliiiy-like basis, reflectiag anly the cost of providing the
service and the volume of use.
Thas will result in the most efficient use of sewer services, because it lets ce�stomer
cammuuiiies see the link between the price paid and the service pravided. it alsa sends
customers the right "signals" about the ePfic:isncy of the metropalitan and local systems and
focuses attention an fundamental issues abaut those sys�ems.
Se�ver service xates ehould reflect the fact fihat system efficiency and effectiveness, public
health and environmental quality are areawide cancerns. Sewer service rates should nat lie
used to influence land-use patterns, implemeni social policy or redistribute revenues and
costs for other purposes. . � .
Metropolitan Council Rate Poticy and Poticy on Use of Financia!
Resources. The Task Farce endorses'the five-year appraach to rate structure
adopted by the Council in 1994 and the objective of making rate increases
moderate aad gredictable. The five-year appraach serves bo�h commwnities and
the Cowncii well and should be continued.
Sewer Rates/Cost Allocation Task Force Preliminary Draft Report— Page 4
The Task Force believes the use of financial resources within the Metropolitan
Council should be restricted to the apprnpriate organizational unit; i.e.,
Environmental Services revenue to Environmental Services, and endorses the
Council's adoption of this policy.
In 1994, th� Council adopted for the first time a five-year rate policy which limits the
annual inc�ease in sewer service. charges per 100,000 gallons to the forecast rate of inflation
(the implicit price deflator for state and local services). The rate policy also calls for goals to
be met within the rate structure, including meeting enviroamental requirements, keeping
the system in gaod repair, improving the quality of operations, providing services to benefit
the entire region environmentally and�economicaliy and•pro�►idingcapacity-for�growth at -
the rate approved by the Council. The rate policy was then used to guide the annual budget
process, with input from customer commuaities. With pertinent technical revisions, it is
anticipated this process will be repeated. '
In 1995, the Council adopted a policy on the use of financial resources within the agency
wluch restricts the use of financial resources to the appropriate organizational unit; i.e.,
Environmental Services revenue to Environmental Services. This policy grew out of a
discussion on whether or not it would be appropriate to use funds raised from a pazticular
set of customers to fund activities in another part of the agency. The�Task Force took action
on the policy because of iis potential effect on sewerage rates. :
Cost Allocation System. Afundamental recommendation of the Task Force
is that the cost allocation system be simplified and made more understandable by
putting it on a utility-like basis. The rate would be set in advance, and billi.ngs to
communities would be based on their°actual use of the system. �
The current cost allocation system is unduly complex and confusing, mi�ng the effects of
two years of operation, mi�ng the effect of credits with service charges and requiring
substantial `�ate education" time for citizens and staff on all levels. A more understandable
cost allocation structure would benefit both customers and the Council by freeing time to
focus on important regional issues.
The rate per gallon would stay level throughout the year at the rate estimated as part of
the budget process. There would be no change in the rate at year end. It is expected the
Council would continue the policy of projecting the rate per gallon over a five-year period
and would adopt only moderate, predictable rate increases. As part of its rate management,
the Council would adopt cash flow mechanisms to address its revenue fluctuations and
ensure they are not reflected in rate fluctuations. The Councii would develop a worl�ng
capital reserve and would use any surplus to moderate rates on a five-year rolli�g average
basis. .. �
Communities would be billed based on their actual use of the system at a three-month lag,
aince that is the Zeast possible time span necessary to translate actual flow inta billings.
The shortest possible time span is desirable because it makes the linkage between sewer
service charges and their causes visible more quickly, drawing attention to the fundamental
Sewer RateslCost Atlocaiion Task Force Prefiminary Draft Report -- Page 5
issues of flow volume, costs and revenues, �iowever, the time spaa will need ta
accommodate meter checks and administrative processes.
Communities will need ta accept a greater respansibility far revenue and eapense
fluctuations in their own utility funds. At the same time, with billings based on recent flow
r, volume, communities and the Council will be aware of changes in flow volume ani3 will be
more likely to quicklp identify aay problems. �iowever, if a cammunity faces significant
adjustmeat� in billings, the Council may develap a financial plan ta wark out the
ad,justments over a period of time in a way that is cost-neutral to the rest of the system.
Procedural Recommendations. .Payments rn• iavoices. for C�urr�nt Value Credits
(or debits for reconveyance) or Loca� Government Debt Service Credits shauld be handled
as a check or an invoice, separately fram the billings for sewer service charges.
The "before" and "after" graplucs that follaw are intended to illustrate the change from ihe
current system to the proposed system. For MCES, the new s;ystem would require cash flow
man,agement, since revenues would fluc�uate as sewer flow volume fluctuat�s. The
estimafi,ed normal difference in flow volume is plus or minus faur percent per yeaz: That
would translate into about five million dollars a year at current raies.
The new system would also require cash flaw management for communities. An analysis
based an recent actual flow valumes from communities estimated that billings based on
actuals at a three year lag would vary an avereage of 14 percent from high quarter to low
quarter within a yeaz: -
However, the current system alsa requires cash fl�w management for communi�ies. Tn the
current system, sevver service billings to c:ommunities fluctuate on an annuat basis, with
average changes aver the past five years ranging from two percent to 11 percent per year.
The �verages, however, mask the impact on specific communities. During the same period,
between 3I and 55 cammnnitaes per year eaperienced billing increases of 10 percent *�r
more.
Sewer Rates/Cost Ailocation Task Force Preliminary Draft Report — Page 6
CURRENT SYSTEM
SYSTEMWIDE BILLING IN TWO STEPS
Step one; ESTIMATED BILLING "� ��
(before year begins)
Zbtal annual spending
- Zbtal �nther" revennes
Zbtal sewer service charges.
T Divided byflow
Cost per gallon
ESTIMATED SYSTEMWIDE BILLING IS CLEANAND SIlViPLE
--------------------------�
r Sample "ESTIlIZATED" Year
I �
�. Zbtal spendi.ng $ 150 million �
� "Other" revenues —$ 22 million I
� Sewer service charges $ 128 million �
I �
�. Zbtal Flow 105 billion gallons �
� �� - $ 1,219 per million gallons I
L-----------------------------------�
Step two: ACTQAL BILLING
(afteryear ends)
ZbffiIACTIIAL spending
— AGTQAL �other" revenues
Zbtal sewer service charges
: Divided byACTiTAL flow
Cost per gallon
TSE COST PER GALLON CANAND DOES C�ANGE
� Sample KACTiTAL" Yesr-----------------.�-----�
� Zbtal spending $ 148 million '
I
� "Other" revenues —$ 24 million I
� Sewer service charges $ 124 million �
I �
I 1bta1 Flow 106 billion gallons �
� $ 1,170 _ per million gallons I
�------------------------------------�
Sewer Rates/Cost Afbcatian Task fiorce Pretiminary Oratt Report -- Page 7
i � � ! � ,
!
' 1' � I I Y•�ji ':
�tep one: EST7[MA,TED R�ATE
a: -
� (beforeyearbegins}
Tbtat annual spen+ding
- Zbtal �other" revenues
"Tbtal sewer service charges
+ Dividedbpflow
Costpergallon
F �e • ��i i � r � l i �' � � � � � � � ��1' �
�
� � Sample "E87.'IIV1'ATED"5�ear —.�_.—��—��.`�,w`—�i~��
� Zbtal, spending $ 150 million j
i "Qthe�r" revenues — $ 22 million �
+ Sewer service charges $ 128 million �
i Tbtal Flow lU5 billion gallons {
� � $ 1,219 per million gallons �
L._-----------�_�__�______,__—�_.��_��._J
:� � � � � ��� � ;•
two: ACr'Q'UAI. BILLING
(afteryea,� ends)
�
ZbtatACTUAL spending
TiiAL "other" revenues
Cost per
�Y:l: #,1 ' ' ,
service charges
�CTU.AL flow .
r � Sample �AC�TUAL" _.._ _ � ,_ � � _. _
1
E 'Tb ending
� " er" revenues —
$
$
Sewer service charges $
Zbtal Flow
$
Mi71�,, �:►
_����_������_�
. �
14 illion . �
24 ' n 1
124 millian � �
I
106 billian gallo �
1,17Q per millian gallo I
._^.�`_._�_��,..__._,��`�T-------_.��.�.__r�.._._..
Sewer Rates/Cost Allocation Task Force Preliminary Dratt Report — Page 8
CURRENT SYSTEM
LOCAL BILLING IN TWO STEPS
Step o�: ESTIMATED BILLING (before year begins)
Flow
z Cost per gallon
t�Credits or charges from two years�earlier� - -�--
Net billing
LOCAL BILLING IS CLEANAND SIIVIPLE
------+--------------------�
r Sample "ES'�'�A'�'�D" Local Billing .
I �
� Flow (millions) 1,000 �
I Costlmillion gallons g$ 1,219 �
� Zbtal Sewer Service Charges $ 1,218,000 �
� I
� Credits or Charges from 2 years prior t$<219,000 > credit �
( Billing for the year $ 1,000,000 �
L-----------------------------------�
Step two: ACTOAL BILLING (after year ends)
Plow
a Cost per gallon
t Credits or charges from two years earIier
Net billing
HERE'S WHAT WILL PROBABLY C�iANGE ON THE BILLING
------------------�
� Sample KACTLTAL" Local Billing I
I . Flow (millions) 1,010 � �
� Cost/million gallons g$ 1,170 ;, I
I �
� Zbtal Sewer Service Charges $ 1,181,700 �
I Credits or Charges from 2 years prior t$<219,000 > credit (
� Billi.ng for the year $ 962 ?00 �
� �
� $1,000,000 paid less $962,700 "Actual" _$ 37,300 credit I
�------------------------------------�
Sewer RateslCost AUocation Task Farce Prefiminary Draft Report -- Page 9
�RQPtaSED SYSTEtUI ,�NE
! � � 1 1 �.., � ':
�tep one: ESTI�VIATBD BILLWG (before year begins)
_� .
I_� �1 �
a Costper galion
t earlier �
����g .
• i ' i i ' t `� i 1 i' •
� .
! Sample uEST,'IIVI��'I9�+',�I3" Local Billing �`~�i�l.w���---- �
i Flow (millions) 1,000 �
Gost/millian gallans g $ 1,219
Zia�at Sewer Service Char es I 18 440
•� � � tr.. • i 1I '" • � '� i �� '•
i �• � .� 1 i� 1 1 1
AFTER
( i + � I i � 1 ! � ' • � : ,
Fiow (2 quarters grior}
a Cost per gallon
Billing
�------����._--------��_w"�`i�._.._.,.__�,._.__�
( Billin.g Changes f
I I
I C,harges vary quarterly in actuals-at-a-lag system � - i
i. ... vary 14R'a from average (
j Annual charges in current system :,
1
� � ... 4 to 12% increases in average billings 1
� ... 30 to 6b communities with iucreases of 10%a ar mare i
L`__�.._��------------�---����._��_.��,�_.�.J
Sewer RateslCost Allocatian Task Forae Preliminary Draft Report — Page 10
Service Availabili#y Charge {�AC)
Purpase and Use af SAC. The Task Farce recommends a redefinition of the
purpose of the Service Availability Charge {SAC). The redefined purpose is to pay
for growth projects, those projects which result in estensions andJor increases af
service c��� acity. The eztensions andlor increases inclnde projects which add to
the voluaietric and/or tresiment capacity of the Metropolitaa Disgosal System
{1V,II?S} ias in treatment�glants} ar which add capacity in length.of pipe ar
capaci#,y to transport sewage (as•in interceptor system projects). Revenues from
SAC shauld be used to fund the growth por�oa .af MDS projec�s, whEther direct
funding of the grawth portion on a pay-as you-go basis, or funding the growth
praject share af debt serviee.
This de�inition is a clarifica�ion and extensian of the cxurent defiuition which addresses
"used capacity," "unused capaat�' and `�eserved capacity" af prajects in the 1VIDS.
Levet of SAC Fee per Unit. The SAC fee per unit shauld be incressed so that
it is adequate to fuad grawth projeets. This will entail a one-time increase
substantially above in.fl.ation, estimated at SO per cea��. Zb ease the transiiion to
the graw�h respansive fee, #he Task Fores recozamends 1} a two-step iacrease $nd
2) an ef�ective communications program cancerning the increases and their
implementaiian dat�s.
The recammendation would increase the 5AG fee per nnit and the SAC sbare of debt service
andJor capital projects on a pay-as you-go basis. VVhile it would be revenue-neutral to the
cast allocation syst�m as a whole, iacreasing the SAC share of debt service wauld decrease
the current users' share and sewer service charges. Based an preliminary analysis, under
this recommendation, the SAC share of debt service would be 26 perceni over the aezct 20
years, compared to 3.9 percent under the current system.
The SAC xecommendation is based an several analyses of the sou.rces aad uses of different
types of sewerage rate revenue used by MCES. They included an analysis of the debt
service paid by current and futwre users in develaped and develaping areas; a comparison of
free-standing p2snt cosis ta ths cost of buying into the MI}S; comparisons af the SAG fee to
natianal and locai impact fees, and the portion af housing ar industrial development costs
represented by SAC fees.
An analysis of the debt service paid by current and by future users in developed and in
developing areas for different tyges af pmjects in the MDS was campleted. This analysis
respanded to the issue of whether developed areas were subsidizing developing �reas.
Fiowever, the analysis indi.cated that current users were subsidizing future users both in
the developed and the develogi�g areas. The 31 peresnt shorifall between the SAC transfer
and the debt service for grawth grojects led to the recammendati.on that the SAC fee be
increased about 30 percent.
Sewer Rates/Cast A!locatian Task Farce Preliminary Draft Report --- Page i 1
Capital projects in the MDS since 1970 were categorized as whoUy or pmportionately
associated with "growth," "rehabiliiation" ar "regulation," Based on ihe model, major
findings of the analysis were as follows:
1, The total SAC transfer for all years was 69 percent of debt service for grawth projects;
2, Actual SAC receipts in receni years are less thaA the SAC iransfer for debt service, but
interest e��rnings oa funds accumulated in high growth years add to the amaunt
transferred;
3. For regulatory, rehabilitation and other prajects, current users from the fully developed
area paid 25 percent +ezcess debt service for all years studied; �_ . _.. -
4. For regulatory, rehabilitation and ather prajects, current users from the developing
areas paid 19 percent escess debt service for ail years studied.
Also, an iacreased SAC fee was tested for reasonableaess bp camparing the cost per
residentia2 equivalent conneciion {REC} of a firee-standing sewerage system ta the casi of
buying into the MDS -- the total of an increased SAC fee pius the present va3ue of i;he debt
service poz�ion of a current user's sewerage ra�+es rnrer the neat 20 years. The present value
was estimated ai $730, while the cast per REC af a new plant was es�imated at about
$1,800 depending on the faciiity. The difference is about $1,100 while the current 5AC fee
will be $900 an March i, I986 and a 30 percent incsease wouid total to $1,200.
Other financial factors studied included the modest portion of housing and industrial
development casts represented by a SAG fee at current or inareased levels; and a
comparisan of national and local impact %es. .
Mu!#i-year Financial Planning. Muiti year financial studies should be
conducted periadically to ensure that projeeted receipts and interest earnings
are at least adequate ta comply with cash flow needs and reserve requirements,
and to retain� the curreat, high bond rating and favarable interest rates. The SAC
fee per unit should be set annually based on these studies.
Fhase-in Periad for Rate Differentiat in communi#ies wi#hout
int�rceptors. The Task Force recommends a phase-aut of ihe rate differential
over a tbree-year periad
Historically, the rate per unit has been higher in communities with metrapolitan
interceptors than in couununities with no metropolitan interceptors, but the differential has
been graduallp ghased aut since 1987. Over the five-year periad beiween i98fi and I992,
the sewer service area rate differential was phased aut, but the phase-out af the S1?�
difi'erential has beeu slawer. Afier a three year phase aut, the rate per unit should,,
uniform thraughout the MDS.
SAC Credi#s. The Task Force urges cammunities ta use SAC credits ta
encourage the development af affardable hausing aud to encourage commercial-
industrial development ta revitalize dis�ressed areas of the regian. The Task
�
Sewer RatesJCast A!loca#ion Task Farce Preliminary Dtaft Repart — Page 12
Farce recommends tha� SAC policy not be changed to peacaiit units to be cashed
out or barokered to other cammunities, since this wauld reduce funds available to
build regionai sewera,ge infrastructure.
There ar� about I3,OQQ 5AC credits recorded systemwide plus a number of crediis reported
but not in the Council data base. The credits are concentrated in a few customer
cammuuiti s and.the majarity are credits "grandparented" in for e�sting capacity wh�n the
SAC syste� was created in 1973. Current policy is tliat a 5AC unit credit can be used at
the current value to pay the Council far SAC whea a new use is established an t,he properiy.
This is a transaction between the municipality and t,�►e Council. The municipality has the
ap#�on to charge the praperty owner for SAC �c�r•nai._ �he recammendation-wauld.�.ot r.hange
e�sting Council policy. Hawever, some municipali�ies with SAC credit balances callect SAC
fram new cannections or iacreased volume. Were they to adopt the recommendation, their
policy would change. However, no mandatory change is recommended.
Sewer RatesJCas# Atlocation Task Force Preliminary Oraft Report -- Page 13
Inflow and Infiltration {I & f)
t& 1 Controi and Reduction. Caordinated I& I reduction prograa�s should
be uadertaken by the Metropolitan Cauncil and its cus�Eomer communities. The
programs should offer fiaancial incentives to communities to reduce I& I in
theiar Iacal sewer systems and shouid have a regionai benefit.
Regional b�nefit means costs of collectian andlar treatment will be reduced in a 24 year
timeframe»
�'he finaacial incentives would be matcbing, interes�-bearing Ioans which would be
converted to matching granis when pmjects aretximpleted and was�ewater fla�-daia
indaicates I& I reduction goals are met. .
Imptementation of I& I reduction pr�ograms
A. As part of the reduction grragram, the Mstropolitan Couacil Environmenta� Servzces
would offer tecl�nical assistance in planning I& I reduction projects; for egample,
assistance in iden�g can+didate areas for reductian prajects. However, the assistance
wauld not be so estensive as to iaclude engineering activities such as pregaring plans
' and specifications. This assistance wou2d be part of the tofi,ai budgeted commitment far
I & I reduction.
B. The fallowing elements shauld be considered when determining funding priorities:
.• Communities with the highest potentially excessive graundwaier infiltraiion and
rainfall-dependent i & I; .
• Projects with fihe greatest patential regional cost-benefit;
• Projects in cammunities with above average I& I. '
1& i in Metropo#itan Facilities. It is recommended that a system af credits
or reimbursement for I& I in metropolitan facilities within each carnmunity nvt
be i�npiemented at this ti�me because any slightly increased casts are Iikely to be
o�'set by benefits. However, MCES should certify periodicaliy to each community
that all metropolitan faeiIities within that commuaity have beeu inspected and
meet I& I standards. If standards are not being met, a plan and schedule for
meetiang staadards sho�d be agreed upon. '.
Accurat,e measczrement of I& I i.n metrapolitan inteneptor lines would be costly ta abtain,
and a program of rate adjustments for I& I within metsopolitan facilities wauld result in
an2y minar net increases or decreases for communities. Slightly increased billing costs to
cammunities wiih metropalitan interceptors are offset by the benefit af a metrapali�an �
interceptor acting as Iocal lines. �'
Ciearwaier (excessive inflow and infiitra#ion water). The Task Force
recvutmends no credits for clearwater. Such credits wou2d make the cost
allo�ation system more comples, detracting fram the goal of a more simple and
�
Sewer Rates/Cost Allocation Task Force Preliminary Dratt Report — Page 14
understandable system. Additionally, it would discourage inflow and infiltration
(I & I) control and reduction.
An Apri1,1992 study by C�izlVIIiill, Systemwide Infiltration/InfZow Evaluation, estimates
the cost savings of the removal of escess I& I to be$1.96 million annually for the 20 years
2010 to 2030, discounted to 1992 dollars. These would be benefits to the regional system. Of
the total, �0.76 million is attributable to operating cost savings resuliing from lower
average flows and lower costs for flow-related components such as energy and chemical
costs, and $1.2 million is attributable to capital cost avoidance, from reduced peak flows. •
The study forms the basis for the recommendation for a coordinated metropolitan/local I& I
....
._ _ .. . . _.. _.. . .. ._ . .. _ . .
r uction program. " � �' " � •
Estimates based upon pipe standards indicated a potential volume of I& I in metropolitan
facilities. It would require a rate increase of 0.6 percent (1995 data) to account for this
volume and to provide host communities with a credit proportionate to the length of the
interceptor within their boundaries. A trade-off is the value of using a metropolitan
interceptor as a local sewer. Balancing these factors, the recc�mmendation was not to
develop a reimbursement system, but to recommend periodic certification as a safeguard to
host communities.
TF-RECS.PMS—Ol/d9/96
� ` t
Sewer Rates/Gost Aitocation Task Force Preliminary Draft Report -- Page 15
lndus#riai Strength Sys#em
lndustriat Strength Rates. The industrial strength formula ne+eds revision.
Industrial strength rates ehould fairly reflect the costs of treating sewage above
base "househald" or '�5aormal" levels. Both operati.ng costs and capital costs are
part of ihe total cost picture.
The farmul � and its components should be subjected to an engiaeeriag aaalysis,
and the a�ysis reviewed by. a graup composed of commuaity and industrial
user regresentatives. Any chaages made by the lYletropolitan Councii sho�sid be
consisteat with the analysis a=xd the feedback firom the group.
'�he formula to esf�blish the industrial strength rate was developed�in 1976-1977 and does
not fairly repare.sent industrial strength wastewater•costs to�the Metropolitan Disposal
System (MDS). The estimate ofbase "household" Ievels of strength was fixed in 1984. With
the changes in public and priyate approaches to wastewater treatment over the years, it is
apprapriate to revisit the formula and the estimate.
indus#riat Discharge Permit Fees. Permit fees should be increased to
recaver fihe costs of ensuring compliance with industrial discliarge permaits and
waste discharge rules, inclnding administrative aad moaitoring costs. Increases
sh�uid be phased in over a three-year period.
Fees should be s�ruat�red in levels, to reflect costs of easuriag compliaaee, based
on EPA regulations and the volume of wastewater.
As the basis for fees, it is important that administrative and monitoring casts be rigorously
defined and identified separatelq fram other activities af MCES, especially other activities
cancerning industrial waste. Activities not directly involved with administration and
monitoring should nai be�included in the fee base.
Sewer Rates/Cost Aliocation Task Force Preliminary Draft Report — Page 16
MCES/Community Differences on Technical Issues
Differences between the MCES and a customer community on technical issues
such as wastewater flow volume and the condition or location of inetropolitan
facilities could be settled through an alternative dispute resolution (ADR,)
process, where there is mutual consent of both parties.
�,
The Task Fox�e sees alternative dispute resolution as a desirable alternative to formal legal
praceedings with lower costs in time and money, and the possibility of a mutually
acceptable outcome versus a"win/lose" scenario. The pracedure would be optional, not
mandatory, and the acceptance of recommendations is also optional.
tf-recs.PM5 OL09/96
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